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PEC060019
AMINPlanning and Environmental Commisson ACTION FORM A Department of Community Development TORIOF VAIL 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 CDMMUNTYDEVELOPMENT web: www.vailgov.com Project Name: LIONS SQUARE LODGE MA] EXT PEC Number: PEC060019 Project Description: COMMON ELEMENT OF LIONS SQUARE LODGE-FINAL APPROVAL FOR A MAJOR EXTERIOR ALTERATION-NORTH BUILDING RENOVATION AND ADDITION OF UNITS Participants: OWNER POWELL, WILLIAM R. & PAULA W03/17/2006 1200 PALMETTO DR HUBBARD OH 44425 APPLICANT LIONS SQUARE LODGE AND CONFE03/17/2006 Phone: 476-2281 660 W. LIONSHEAD PLACE VAIL CO 81657 Project Address: 635 LIONSHEAD PL VAIL Location: LIONS SQUARE LODGE NORTH Legal Description: Lot: 8 Block: Subdivision: LION SQUARE NORTH Parcel Number: 2101-072-0400-1 Comments: CLEVELAND OPPOSED BOARD/STAFF ACTION Motion By: KJESBO Action: APPROVED Second By: BERNHARDT Vote: 5-1 Date of Approval: 02/14/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0008687 Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. Cond: CON0008688 Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. Cond: CON0008689 Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Cond: C0N0008690 Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. Cond: C0N0008691 Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of$6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June 15, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of$45,500. Cond: CON0008692 For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. Cond: CON0008693 The Planning and Environmental Commission forwards a recommendation of approval for an amendment to the Lionshead Redevelopment Master Plan build-to-lines to allow the applicant to construct the proposed parking area sod roof within the required setback to allow for a continuous landscape area between Lion Square Lodge North and the Montaneros. Planner: Bill Gibson PEC Fee Paid: $800.00 ECEVE Application for Review by the MAR 16 2006 Planning and Environmental Commi .(} OF ( A T �IVN OF VAIL TOWN' OF AIL Department of Community Development 75 South Frontage Road,Vail,Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: .1110 • Rezoning $1300 • Conditional Use Permit $650 • Major Subdivision $1500 • Floodplain Modification $400 • Minor Subdivision $650 nor Exterior Alteration $650 • Exemption Plat $650 • _Exterior Alteration..-' $800 • Minor Amendment to an SDD $1000 • Development Plan $1500 • New Special Development District $6000 • Amendment to a Development Plan $250 • Major Amendment to an SDD $6000 • Zoning Code Amendment $1300 • Major Amendment to an SDD $1250 • Variance $500 C) (no exterior modifications) • Sign Variance $200, . ,2 - ler% Description of the Request: L ,r u a(� 414^f-t-}fV-4-- - _#,_ Location of the Proposal: Lot: Block: / Subdivision:_1/ �ilo'Y�9`CFi�s(J drd c�t Physical Address: /.74:?O Ai- lit/'NiI U(/ PlitGC. — Parcel No.: Ih4 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Lm(/ - ------Z' O t 7 %I d�S!_ 140 Name(s) of Owner(s): 6,'141 tLCQA4- 1--‘/093;-C /14904111- 4 .J - ! V 2 IN. l•i% Mailing Address: _ \kr.414 44- G • N__- / ,-- Phone: `Id 176 W32- - Owner(s) Signature(s): _ - _ Name of Applicant: -_ -Itakize&le_ - V tAA" IwtieA. Mailing Address: dl1'!r/Y14. / _ — Phone: -,97a _ 77 '/Y37----- E-mail Address: Fax ( 7 7 y`131 Lcjikc Nm.r t.t.L- CA■4444-PA-411" _ (...DIA.‘ . ------------------- For Office s3nly: Fee Paid: _ crpeck,N"o.: By: `'V`A'S �dy'-t 4+' � �( ��' 1 Meeting Date: 'f• O$0 PEC No.: �+� ( _ Planner:---_-- lr C 52 ------- __,�� —__Project No.: Page 1 of 6-04/01/04 p 2A•Orc,` I (? *************************************************** **************************************** TOWN OF VAIL, COLORADO Statement ******************************************************************************************** Statement Number: R060000262 Amount: $800.00 03/17/200602:06 PM Payment Method: Check Init: JS Notation: 3425/LIONS SQUARE LODGE AND CONFERENCE CENTER Permit No: PEC060019 Type: PEC - Major Exterior Alt Parcel No: 2101-072-0400-1 Site Address: 635 LIONSHEAD PL VAIL Location: LIONS SQUARE LODGE NORTH Total Fees: $800.00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 800.00 JOINT PROPERTY OWNER } WRITTEN APPROVAL LETTER TOWN IL I, (print name)____ � '' ` , a joint owner of property located at (address/legal description) Oho_f,!/ itaet_& provide this letter as written approval of the plans dated V/314 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: arlittik— ----E _.c.P.h ov U6 .G lSl$vts� __2_1hec,.f 4.eleteuv ----a 4 nir v jA,04 _ I further understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. 77"/57(.6 ( • atu ) (Date) Page 2 of 6-04/01/04 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PECO6-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson I. SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Lion Square Lodge North will be reviewed and evaluated by the Planning and Environmental Commission. Additionally, today's work session hearing will allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Lion Square Lodge North renovation. The desired outcomes of this hearing are as follows: • For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and • For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use 1 District; and • For the Commission to understand the general elements of the applicant's renovation proposal. • For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. The Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request that the Planning and Environmental Commission table the applicant's request for further review at the Commission's May 8, 2006, public hearing. 1 II. DESCRIPTION OF THE REQUEST The applicant is has submitted a Major Exterior Alteration application to allow for the construction of 9 new dwelling units, 47 new structured and surface parking spaces, and a significant re-face of the existing Lion Square Lodge North building located 660 West Lionshead Place. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). Lion Square Lodge North is located within the Lionshead Redevelopment Master Plan area and within the Lionshead Mixed Use 1 Zone District. The purpose of this work session is to provide the Planning and Environmental Commission with information from the Town's regulatory documents addressing how the proposed Lion Square Lodge North renovation will be reviewed. Please refer to Section V of this memorandum. Additionally, this work session will provide the applicant an opportunity to introduce the Lion Square Lodge renovation proposal to the Commission and the Commission to provide initial feedback to the applicant. The applicant's preliminary zoning analysis (Attachment B), the applicant's preliminary master plan analysis (Attachment C), and proposed architectural plans (Attachment D) have been attached for reference. A letter from an adjacent property owner has also been attached (Attachment F). The attached letter makes reference to a private sales agreement between Montaneros and Lion Square Lodge North. Please be aware that the Town of Vail has no legal authority or obligation to interpret, mediate, enforce, etc. any private agreement, contract, covenant, etc. The Planning and Environmental Commission may only review the proposed Lion Square Lodge North proposal within the parameters of the Vail Town Code and the adopted Master Plans. III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff in review this major exterior alteration application: A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district 2 Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action:The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action:The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction ❑ 2.1 Purpose of the Master Plan 3 ❑ 2.2 Definition of a Master Plan ❑ 2.3 Policy Objectives ❑ 2.3.1 Renewal and Redevelopment ❑ 2.3.2 Vitality and Amenities ❑ 2.3.3 Stronger Economic Base Through Increased Live Beds ❑ 2.3.4 Improved Access and Circulation ❑ 2.3.5 Improved Infrastructure ❑ 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations—Overall study Area ❑ 4.1 Underlying Physical Framework of Lionshead ❑ 4.1.1 Lionshead Master Plan Concept ❑ 4.1.5 West Lionshead— Residential/Mixed-Use Hub ❑ 4.3 Connections to the Natural Environment ❑ 4.3.1 Visual Connections ❑ 4.3.1.2 North-South Orientation of Buildings ❑ 4.6 Vehicular and Pedestrian Circulation ❑ 4.6.4 Modifications to West Lionshead Circle and Lionshead Place ❑ 4.6.4.1 East Intersection of W. Lionshead Circle and South Frontage Road ❑ 4.6.4.2 Intersection of Lionshead Place and West Lionshead Circle ❑ 4.6.4.3 Pedestrian Sidewalks and Crossings ❑ 4.6.4.4 Visual Improvements ❑ 4.7 Loading and Delivery ❑ 4.7.1 Properties with Direct Service Access ❑ 4.8 Parking ❑ 4.8.2 Residential Properties ❑ 4.9 Housing ❑ 4.9.3 Policy Based Housing Opportunities ❑ 4.10 Gateway, Landmarks, and Portals ❑ 4.10.1 Gateways and Portals ❑ 4.10.2 Landmarks ❑ 4.11 Public Art Chapter 5, Detailed Plan Recommendations ❑ 5.12 Lion Square Lodge ❑ 5.12.1 Traffic Concerns 4 ❑ 5.12.2 Pedestrian Connection between the Main Building and the North Building ❑ 5.12.3 Ski Yard Pedestrian Access ❑ 5.12.4 Potential Development and Redevelopment Scenarios Chapter 6, Site Design Guidelines ❑ 6.3 Primary Pedestrian Walk ❑ 6.6 Pedestrian Path ❑ 6.8 Primary Pedestrian Walk Chapter 7, Design Standards ❑ 7.1 Landscape Area ❑ 7.2 Site Coverage ❑ 7.3 Setbacks ❑ 7.4 GRFA ❑ 7.5 Density (Dwelling Units Per Acre) ❑ 7.6 New Unit Definition ❑ 7.7 Building Height Chapter 8, Architectural Design Guidelines ❑ 8.1 Vision Statement ❑ 8.2 Organization, Purpose and Scope ❑ 8.3 New and Existing Structures ❑ 8.4 Design Guidelines ❑ 8.4.1 Planning Considerations ❑ 8.4.2 Architecture ❑ 8.4.2.1 Introduction ❑ 8.4.2.2 Building Form and Massing ❑ 8.4.2.3 Building Height ❑ 8.4.2.4 Exterior Walls ❑ 8.4.2.5 Exterior Doors and Windows ❑ 8.4.2.6 Balconies, Guardrails, and Handrails ❑ 8.4.2.7 Roofs ❑ 8.4.2.8 Fireplaces and Chimneys ❑ 8.4.2.9 Details Zoning Regulations Lionshead Mixed Use— 1 Zone District 12-7H-1: PURPOSE: 5 The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: 6 Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 7 A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. 8 Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-6:ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized 9 by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval:Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10:SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 10 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet(71') with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-7H-12: DENSITY(DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, time share units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-7H-14:SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) the required parking shall be located within the main building or buildings. 12-7H-17:LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the 11 establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. V. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) Zone District. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 Zone District; 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood;and, 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. VI. NEXT STEPS The following is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) will be asked to review, comment, and take action on the Lion Square Lodge North redevelopment proposal: • DRB May 3, 2006: Work session to inform the applicant of any comments or concerns. No formal action requested. • PEC May 8, 2006: Detailed review for compliance with zoning and master plan requirements. Request for final review and approval of the proposal if all PEC comments and concerns have been addressed. 12 • DRB May 17, 2006: Detailed review for compliance with design standards and master plan architectural requirements. Request for final review and approval of the proposal if all DRB comments and concerns have been addressed. VII. STAFF RECOMMENDATION The desired outcomes of this work session are as follows: • For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and • For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use — 1 zone district; and • For the Commission to understand the general elements and concepts of the applicant's renovation proposal. • For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. Staff and the applicant request that the Planning and Environmental Commission table this proposal for further review at the Commission's May 8, 2006, public hearing. VIII. ATTACHMENTS A. Vicinity Map B. Applicant's Preliminary Zoning Calculations C. Applicant's Preliminary Master Plan Analysis D. Proposed Architectural Plans E. Public Notice F. Rimoch Letter dated April 20, 2006 13 LION SQUARE LODGE - NORTH Attachment: B Zoning Calculations 3/13/06 Required Proposed Comments (Site Area over 10,000 sf 42,089 conforms 'Setbacks 10 feet 10 feet min conforms not including 124 sf presciptive easement !Maximum Roof Heights 71' avg, 82.5 max 71' avg, 82.5 max conforms Density 133% of exist. 133% of exist. conforms Allowable Units 36 Existing Units 27 Proposed Units 9 Total Units 36 GRFA 250 sf/100 sf build. site area 118 sf/100 sf build. site area conforms Allowable 105,223 sf Existing 24229 sf Proposed 49,620 sf Site Coverage 70% max 70% conforms Allowable 29,462 sf Existing 16,649 sf Proposed New Building Footprint 5,812 Proposed Parking Structure Footprint(below grade) 6,992 Proposed 29,453 conforms Landscape 20% minimum 26% conforms Minimum Required 8,417 sf Proposed 11,100 sf Parking 1.4 per new dwelling unit 1.4 per new dwelling unit conforms Existing 34 New Required 13 Proposed 47 Provided Parking conforms Compacts 25%, 8x16 9 Full 75%, 9x19 43 HC 4 Total Provided 56 (Employee Housing Unit 1 type III/IV 1 type III/IV on site !Snow Storage snow melted surface parking conforms 'Building Eave Height at Remaining Areas 60' max. eave height conforms with intent 12' min. step back conforms with intent (Wall Surface Criteria 35' maximum vertical face conforms with intent horizontal step required conforms with intent !Exterior Wall Spans 30' maximum span at street level conforms with intent Prepared by: Melick Associates LION SQUARE LODGE - NORTH Zoning Calculations 3/13/06 'Primary Secondary Building Material Def. Primary: exceed 500 sf area conforms with intent Secondary: 500 sf area or less conforms with intent 'Primary Secondary Building Colors Primary: exceed 500 sf area conforms with intent Secondary: 500 sf area or less conforms with intent 'Primary Secondary Roof Definitions Primary: exceed 500 sf roof area conforms with intent Secondary: 500 sf roof area or less conforms with intent (Roof Dimensional Guidelines 30" min. eave and rake overhangs conforms 18" overhangs at secondary roofs conforms 'Roof Pitch Primary: 6:12 to 12:12 12:12 conforms Secondary: 4:12 to 12:12 (or flat) conforms Prepared by: Melick Associates M E L I C K A S S O C I A T E S I N C Attachment: C LION SQUARE LODGE — NORTH PROJECT COMPLIANCE— Lionshead Redevelopment Master Plan 3/13/06 Submittal to Community Development for the PEC and DRB approval process CHAPTER 5— LION SQUARE LODGE Traffic Concerns— The vehicular circulation was primarily dealt with by Vail Resorts during the approval process for the Arabelle project. Site access via Lionshead Place was realigned to accommodate both surface and sub terrain access to the Arabelle project for both lodging vehicles and delivery vehicles. A new curb cut was added along the south of Lionshead Place to serve as the new front door to the Lion Square Lodge providing gated and parking access for the facility. A curb cut has been added along the south property line of the North project to provide access to the new lower level of parking. The existing curb cut along the west property line of the North project has been maintained and shifted to the property line to the north to provide access to the surface parking. Service vehicles will use this entry point, to the north of the building, to service the building. A traffic impact study has been provided by Kimerly Horn to study the traffic impacts of adding nine new condominium units to the North project. They also provided the traffic impact study for the Arabelle so they are familiar with the surroundings. Their report states that no infrastructure upgrades are required due to the addition of the new units. Pedestrian Connection between the Main Building and the North Building — Pedestrian access between the Main Building and the North Building was primarily dealt with by Vail Resorts during the approval process for the Arabelle project. A cross walk has been provided across Lionshead Place between the two properties that ties into the sidewalk along the north side of the realigned Lionshead Place. The primary pedestrian entrance to the North project is the east lobby entrance in the east tower along the east side of the property. This provides a clear pedestrian connection and defined vehicular corridor between the Main Building and the North project. Ski Yard Pedestrian Access — Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arabelle project. Access to the ski yard is obtained from north and south of the East Building. The North building project does not impact ski yard pedestrian access. Potential Development and Redevelopment Scenarios— The North project is undertaking major exterior renovations with the addition of two new condominium towers to the east and west of the existing building. This additional density has been designed within the allowable requirements of the Lionshead Mixed Use 1 (LMU-1) District. 25107 GENESEE TRAIL RD ARCHITECTURE SUITE ONE HUNDRED ONE I N T E R I O R S GOLDEN CO 80401 P LAN N I N G TEL 303.534.1 930 WWW.MELICK.COM FAX 303.534.1 931 CHAPTER 6—SITE DESIGN GUIDELINES Primary Pedestrian Mall — not applicable Secondary Pedestrian Mall — not applicable Primary Pedestrian Walk— Vail Resorts is providing the snowmelted sidewalk along the north edge of Lionshead Place as part of the Arabelle project. The North project will be providing a landscape buffer between the sidewalk and the units to the north. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not interfere with the pedestrian walk or snow storage requirements at mature growth. Secondary Pedestrian Walk— not applicable Vehicular Pedestrian Retail Street— not applicable Pedestrian Path — The North project is adding a pedestrian path for access to the first floor units that will not be snowmelted. The materials will be integrally colored stamped concrete consistent with the surface finishes being used at the Main Building pool deck. The width of this secondary pedestrian walk will be five feet. Lighting long this path is provided with low pathway bollards consistent with the architectural design guidelines. A lawn will be provided to the south of the path as a transition to the bermed landscaping to the south along Lionshead Place. This zone will be defined by a low stone wall. Fences and Enclosures— Service functions for the North project are being achieved within the building footprint and therefore will not require supplemental fencing. The outdoor hot tubs will be screened and privatized with the use of terraced stone walls softened with landscaping to the south of the west tower. A new transformer will be located to the west of the west tower and will be screened and softened with the use of landscaping. Compliance with Town of Vail Streetscape Master Plan — CHAPTER 7— DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site Coverage — A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Setbacks— A minimum of a ten foot setback will be provided as required. There is a prescriptive easement along the north property line to the east end that allows for a one story structure to be located along the property line as currently exists opposite the pool deck at Montaneros. (see calculations attached) Gross Residential Floor Area (GRFA) — The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Density— The density will not exceed 133% of the existing number of units. (see calculations attached) New Unit Definition — not applicable Building Height— also see Chapter 8 The building height will not exceed 71 feet (average) and 82.5 feet (maximum). CHAPTER 8—ARCHITECTURAL GUIDELINES Architecture— The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height— The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for 'remaining building frontage'. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls— The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. A mansard roof element has also been added along the perimeter of the building, between the gable roof forms over the decks, to soften and provide detail to the new elevations. The east and west ends of the existing building are also defined with a higher roof forms and different yet compatible articulation. This articulation and vocabulary of materials and treatment are what define the east and west towers to provide for a uniform treatment of the building exterior. Materials and Colors - The base is defined either with a different darker stucco color or stone, as well as a break in plane. The middle is defined by a lighter color of stucco. The top is defined by a change in material and texture with vertical siding the same color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are white. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and Types — All windows have a consistency of size and proportion throughout the elevations. Operable windows will be casement. The windows will be aluminum clad, bronze. All windows will be trimmed, the color white. Balconies, Guardrails and Handrails— The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a 'romeo and Juliet' balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal. The design of the railing system is patterned after the order of the building exterior elevations. Roofs— The roof forms being used include mansard roofs at the existing flat roofs, gable roofs over existing balconies, and hipped roofs with gabled roofs capping the new structures. The mansard roof form on the existing building is a practical means of tying the existing structure into the new design elements of the renovated exterior and new towers. The structural capacity of the existing building will not tolerate the addition of a full pitched roof. Adding a full pitched roof to the existing building would also greatly diminish the view corridor being maintained between the two new towers for the properties to the north. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 accept as noted otherwise on the drawings. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters and downspouts are planned to be integral to the roof forms with interior downspouts. Fireplaces and Chimneys— Stucco chimneys with open metal caps to promote air flow and screen spark arrestors are being provided for fireplace chimneys. Parking - Parking Structure Design 1. Surface Parking — 22 surface parking spaces are provided with access from the ramp along the north property line. 2. Parking Decks—34 parking spaces are provided in the lower parking level with access from the ramp from the south opposite the Antlers curb cut. The decks are primarily flat except for what is required to properly drain the decks. 3. Structured Parking a. Parking Spaces - The enclosed parking spaces are 90 degrees to the drive aisle and 9' x 19', with 8' x 16' compact parking spaces not exceeding 25% of the total of the total required parking spaces. b. Height Clearance - The height clearance of the parking structure will be a minimum of 7' clear. c. Drive Aisles - The drive aisles are two way and 24' wide. d. Ramps - The ramps between levels are 24' wide with 12% slope. 4. Parking Needs Assessment and Vehicular Circulation Parking a. Parking Count Maintain Existing 34 New for New Condos 13 (1.4 spaces for each unit) Extra Spaces 9 (including handicap) Total Parking Count 56 5. Circulation a. Existing curb cut and ramp location to remain basically the same. b. New ramp into the new lower level parking structure is located opposite the curb cut to the Antlers. c. 24' wide two-way drive aisles accommodate 90 degree parking stalls. Grading - 1. Maximum Finished Grade —The maximum finished grade does not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence—The construction site will be properly surrounded by a non- removable construction fence during the construction process. 3. Erosion Control — Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P.E. Terrace landscape walls will be within the 4' — 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30%. These walls will be veneered with stone. Geologic/Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. Attachment: D Z I IN g 3 ? I C 4 nF--I F--11 --.1 M� H rz4 V i O Z o r . ,_ W O"-4 x ._, o „,„„ U x Q Q se U O a W < . 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N. ..:fir ., i i tr 9,, 1 w A lY-- 1 Z ••=j=. reY { f .a .. /a . , i • y' r-'-.."--'74 ''''' ,,,,k;,'"' A .. ....,,,,,,,,...,,,, P i'':,,,,,,„,,,,,,,,„,,, , ,r1i, ,, :•:;;::::,,,,,,:,,,.:4,1,,g: ■ 0,,...„, ' 'f '' 0 ::. 4 I ' Z Attachment: E � , THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 24, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Ski Base Recreation 2 zone district on a 5.13 parcel of land commonly referred to as the "Front Door USFS land exchange parcel", located at 151 Vail Lane/ (A complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0014) Applicant: United States of America, by and through the Forest Service, represented by Vail Resorts Development Company Planner: George Ruther A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a site coverage variance to construct a residential addition, located at 1816 Sunburst Drive, Units A and B/Lot 1 Vail Valley Filing 3 and setting forth details in regard thereto. (PEC06-0016) Applicant: John K. and Helen Jo Cahalin, represented by RKD Architects Planner: Warren Campbell A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion's Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. (PEC06-0020) Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett A request for a final review of an amendment to a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of an amendment to a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code to allow for the development of 4 additional multi-family residential dwelling units (total of 111 dwelling units), located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting • forth details in regard thereto. (Ritz-Carlton Residences)(PEC05-0021 and PEC05- 0022). Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Warren Campbell A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 1722 Buffehr Creek Road/Lot 5, Block A, Lia Zneimer Subdivision, and setting forth details in regard thereto. (PEC06-0025) Applicant: Crack of Noon, L.P., represented by KH Webb Architects Planner: Elisabeth Eckel Reed A request for final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for floodplain modifications, located at 2764, 2754, and 2695 South Frontage Road/Lots A, B, and C, Stephens Subdivision; and a request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floodplain, located at 2764, 2754, and 2695 South Frontage Road/Lots A, B, and C, Stephens Subdivision, and 2450 South Frontage Road/Unplatted and setting forth details in regard. (PEC06-0001 and PEC06-0027) Applicant Town of Vail, Louise Young, Brian Hoyt, Maggie Froning, Lorraine Howenstine, and Chas Bernhardt Planner: Bill Gibson A request for a recommendation to the Vail Town Council for proposed text amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; and Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; Vail Town Code, and setting forth details in regard thereto. (PEC06-0026) Applicant: Town of Vail, Community Development Planner: Rachel Friede The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published April 7, 2006, in the Vail Daily. Attachment: F z ...,. N _ � t� ,�,.�.a:'.�'�c�'..a:N,. ;&aPa4f: -_ s,- `° .:.: ��;'t„•z>, .,,rn °°�°� *, s,`e,. ..,.;�.... April 20,2006 Planning Commission • Town of Vail • Vail,CO • We are owners of two units at Montaneros and have been.for the past 30 years.We are dismayed to have just learned that Lions Square North has applied for planning permission for an expansion consisting of two towers on either end of their building We are writing this letter to request that planning approval to Lions - Square North be denied for the expansion of the two towers on either end of-their building. Last year Montaneros made a substantial exterior renovation,practically the first building to do so before new projects like the Arrabela,and trying to fit in with the new style for Lionshead. We were aware from the beginning that the Arrabela project would block some of our views and sunlight,but we also were aware that this would probably be of benefit to Lionshead and to Vail as a whole. If the new project for Lions Square North was to be approved,it would not only damage considerably the value of our property by blocking our views and sunlight completely,but most important it would brake a previous agreement made between Montaneros and the original owners of the plot of land where Lions Square North is presently located.We have in fact looked at the drawings prepared by Lions Square North,specifically the ones dealing with shading as existing and shading with the proposed plans. We would like to make you aware that the land on which Lions Square North was built,belonged originally to Montaneros.This land was sold to what later became Lions Square North,a Mr.David Cole was the Real Estate agent involved in the transaction.This sale was done in the early 1970s and an agreement was made making the sale conditional to Lions Square North not to build above THREE STORIES HIGH.This was set up as an agreement between seller(Montaneros)and buyer(Lions Square North)in order to guarantee that the view would not be obstructed by the new building. If the Planning Commission were to authorize the expansion of Lions Square North,including the height requested by this new proposal,you would in effect be breaching a previous contract agreed upon with Montanero's homeowners,as well as diminishing the value of our property by obstructing light and views. Sincerely, Alberto Rimoch Montaneros 202 641 W.Lionshead Cir. Vail,CO An employee-owned company June 20,2006 Mr. Chip Melick Melick Associates, Inc. 355 South Teller Street, Suite 370 Lakewood, Colorado 80226 RE: LION SQUARE LODGE NORTH ACCESS MITIGATION Dear Mr. Melick: PBS&J has reviewed the proposed lower parking driveway which exits onto Lionshead Place, planned as a component of the Lion Square Lodge North expansion project. This fixed driveway location has both horizontal and vertical sight distance constraints, which do not meet the standard AASHTO criteria for sight distance.As a result, it was deemed necessary to mitigate any potential safety concerns through the use of traffic signage and intelligent transportation system (ITS)technologies. Peak Land Consultants, Inc. provided a memo which summarized sight distance issues for Lions Square North on May 8th, 2006. It states that from the south driveway, looking right, there was a sight distance of 87 feet, and looking left from the south driveway there was a sight distance of 81 feet. Based on AASHTO criteria 187 feet of sight distance would be required for vehicles looking right from the driveway, and approximately 130 feet of sight distance would be required for vehicles looking left from the driveway. From the south driveway, neither vehicles looking right or left,meet the AASHTO recommended minimum sight distance. It is not desirable in this situation to stop control the traffic along Lionshead Place at this driveway location. It is proposed that a W1-10 (modified) traffic sign, which is a side road on right turn curve warning sign, be modified so the side road is shown intersecting the inside of the curve. In addition, a special W16 warning plaque can be installed which states "HIDDEN DRIVEWAY". This sign combination can be placed at the tunnel exit, approximately tunnel station 1+00, offset left, possibly mounted to the tunnel wall with a bracket and spring fixture, which will allow it to bend if struck by a vehicle. Conversely,a W1-10 (modified) traffic sign, which is a side road on left turn curve warning sign, can be modified so the side road is shown intersecting the inside of the curve, and paired with the special W16 warning plaque for the opposite direction of travel. This sign combination can be placed just south of the driveway to the upper parking level, approximately station 1+50, offset right, either at the back of curb or back of sidewalk. It is proposed that the lower parking driveway be stop controlled, with the use of a R1-1 regulatory stop sign. This will be placed on the near-side of the driveway exit. However, it is proposed that additional measures be implemented at this location to mitigate the limited sight distance for vehicles exiting from this driveway. A thorough review of existing and emerging ITS technologies was performed. in-pavement loop detectors, video camera detection, hard-wired power connectivity, solar power, flashing beacons, and LED components were all considered. It appears as though many of these features can be used collectively to create a custom traffic signal warning device that will meet the particular needs of this project. Several product information pamphlets have been included as an attachment to this letter to provide a visual understanding of several of the components proposed. Several mitigation layouts have been considered for this location. One concept is to create a warning system which will alert drivers exiting from the lower parking driveway if there is a vehicle approaching from the left or right, or both directions, directly outside of the driver's line of vision. Looking right from the 2270 Corporate Circle,Suite 100,Henderson,Nevada 89074-6382•Telephone 702.263.7275 •Fax 702.263.7200•www.pbsj.com a r driveway, starting at approximately station 1+50, in-pavement loop detectors could be installed for 100 feet to detect traffic approaching the driveway. Looking left from the driveway, starling at approximately tunnel station 0+35, in-pavement loop detectors could be installed for 100 feet to detect traffic approaching the driveway. The available sight distance from vehicles looking right or left from this driveway, plus the 100 feet of advanced loop detection would potentially equal or exceed the calculated AASHTO distances for this driveway. A special W16 warning sign which states "TRAFFIC APPROACHING WHEN FLASHING", used in conjunction with a W1-7 LED warning sign which can be partial or fully illuminated depending on the direction of approaching traffic, or two W1-6 LED warning sign,where either sign or both signs can be illuminated depending on the direction of approaching traffic, and a single flashing beacon when the approaching vehicles are detected is proposed. This traffic detection system can be placed on the far-side of the driveway exit, across the street from the driveway, at approximately station 2+50, offset right, at the back of curb. This concept has been sketched in the figure labeled C1.0. Another mitigation suggestion would be to provide a similar warning system to the one proposed in the first option; however only one W1-6 LED warning sign would be used which indicated traffic approaching from the left of the driveway.This warning system would be placed at the near-side of the lower driveway, on the left side of the road. There is minimal potential for left turns from this driveway,due to the layout of the facility. As a result, in addition to the W1-6 warning sign, a R3-2 regulatory No left turn" sign can be used to prevent vehicles from making this movement. This concept has been sketched in the figure labeled C1.3 using cameras as an alternative to loop detection. Supplemental to both of these aforementioned options could be to install loop detectors on the lower driveway exit,which would trigger a flasher on the W1-10 and W16 sign combinations along Lionshead Place to alert drivers to potential conflicts. In-pavement loop detectors have been suggested, in lieu of detection cameras, due to the weather conditions in the area, and the minimal maintenance and adjustment required. Although, camera technology has been rapidly advancing to accommodate inclement weather, and adverse lighting conditions making them a viable option. There are several possible locations for mounting cameras for advanced detection. For detection looking right from the driveway, a camera could be placed on Lions Square Lodge North property, approximately station 2+00, offset left, possibly from the new building. For detection looking left from the driveway, a camera could be affixed to the ceiling of the tunnel portal. This conceptual placement of cameras has been sketched in conjunction with the dual direction advanced warning system, and is labeled as figure C1.1. Another alternative would be to place cameras on the Antlers property approximately across from the lower driveway. This option would provide extended sight distance to both the tunnel and up the hill from the driveway. This alternative placement of cameras has been sketched in conjunction with the dual direction advanced warning system, and is labeled as figure C1.2. Solar panels are an option for providing power to this system if hard-wiring for electricity is not preferred or not available; however limited solar exposure may be an issue through this corridor. A sketch of devices and proposed locations is provided in an attachment to this letter. If you have any questions regarding the information herein, please contact me at(702)263-7275, ext. 3192. Sincerely, PBS&J J/k(e410f/Q(AiQ Theresa Gaisser, P.E. Traffic Engineer 1 4 '3 ATTACHMENT f Autoscope® .,.. . P tit= ,Autoscope Image Sensor : R e ia �iv- Model AIS Color Zoom Color, a zoom lens, easy setup, .,, '! and optimized traffic performance accuracy it, in an economical Autoscope Image Sensor. ! r ,,,..,,,„. , . . .„„:.::. , , ,...,....,r,S- ■ itoscope ' l- _,,..-.%if . - t Features 3 ' Description A sealed and optionally pressurized . The Autoscope®Image Sensor, is barrel protects the image sensor against Dcs n' , - � a high resolution,color image sensor, the demands of the outdoor environ- ision-chibl dee lion 4lame,4:.`„ especially optimized as a video source ment. An adjustable weather shield ' vision vehtcle de of hon.� G- helps minimize rain,snow and ice ` ,r, for the Autoscope stand-alone MVP P !. on the heated faceplate,reducing i • 2?f zoomlletts • colorimager' (machine vision processor)product ��` . ,- suite. glare and improving video contrast. ttp: . .mow Rotating the barrel helps improve w r-• oom-an• se icon•olover co - ��" -l ' � The Autosco a Image Sensor produces - °,7 P b P detection accuracy. r* z•---- t it color cablttBN � , s� consistent video quality in all weather, � `to separate coaxcAble� lighting,and traffic congestion levels A variety of available mounting � o� �R� brackets allow easy installation -� •: o5streaktng or b�oomtn •om � ' common to the traffic industry.The k ,, - of the Autoscope Image Sensor on v-� bnghtitght sources head:ltght image sensor has high sensitivity ti xis � r existing poles,mast arms,or other . ' ' „ fx� 'O, i. , , a for accurate vehicle detection at night ' • Easy mounttng from bu ket truck. structures. The unique bracket design , i, �„ , A;g.F= and other times of low light levels. ¢,o- y.t,�?4' e �^i. i - ¢� r,,z ¢� .n�' speeds installation by minimizing a� Rugr-e-a envtronmenttilt94i edit6d The solid-state design provides maxi- P y g � `tt losure��t-, �rt' mum hardware reliability and con- loose parts and eliminating steps . 4 �, in the setup process. '' d°" ,8y�,n 9 sistcnt 24-hour operation. The color Space tge faceplate heaters,v,,,,, 4:,,,,. .:,..,,_ ., image sensor minimizes streaking Benefits „, • L � � � ,'3"'"'''' "� and blooming from bright light sources Flexibility of application. ,� ow'po ereonsttm fpon� ��u� Y PP O � -�; 41,1 like headlights and wet pavement �'Htgh reesolution for acc °" ' • Reliable detection performance. that could adversely affect detection r° � 4 i, „ performance. • Ease of installation and 4Htgh slcnstttvtly6for at✓iliac, e' detection at lowFlight Ie eIs rfi cost-effective maintenance. During setup,the 22x zoom auto-iris t u A: _,., �- i grove 4s lens uicki adjusts to a field of view r ' • Auta ain ctrctut form roved q Y J • Light weight. lot? g ng j P x :„ : best suited for the detection objectives. ;., ection m Yary111,ltg]" ;fx � n ,4 ,s ., x R A coax modem used with a laptop • Uses standard AIS cables. , '¢� computer adjusts the zoom. Control of r� „ the zoom is over the coax cable,thus � �`� ��,� fit. ` tie ,'x Y ',, minimizing the number of wires up the k Y- .-- rr- r ' " pole.• y �t 1� C LIY7 a � S T �rs . EDNOTE ' z' v ',* ,4 RIME C O N T q O l P R O D U C T 9, 1 N C. _ www.©conatlte.cnm �� - 1*+�?� b}�� t rrs cal +' x a' fF <r-r ."--:-�. -.r.=r ,c"8 7fi*. w-9x,. ^fir ;r<;7 ,. {{ � :vim »° ate-*. . a - ,,,, .,,caa ra �,,,�,.,, r^ „r. sk �y 1' x lz•'.�. his '*'#' :. "k�'' ' - r.,,u 3r o.qt: 't` �+ 1� f3 a d d:..q�> Ift, ,z rR r'2 +. c"a.,«?,&as x 3n `a�^"v- �+ r,.� i� � � a Autoscope �� :e av '4* I` k'F c � � - a Stand-alone bra w,,.-•,. .,,,• .-,,,,,:•r• x •,, Video Processor •'; &fr' to 9r -"-w! ^+< r -r,ray 3 v, '^3's d tr �4 : 'a, . 'e4A . . Color Zoom AIS t `�Y-S N.J 7' S. ,''A, h�' `if 414 ':i. 3 >i V P'00�A`ikF:r'+'Q n�h2\VO:, ' krl P C P .k ,�-' The Autoscope Image Sensor outputs color a -s..{ �� _� v, fir. ,*.. ti video as a source for Autoscope stand-alone ' it II a x processors. .: Autoscope 'z, „,,,,,..,;_f � - Autos cope r.r� r ' image Sensor �i t” wax Supervisor PC .ds y f -} ". .K ,(. .V. rte , .rs�-.s,:a°✓ ,+r' d�f^S . j4 i : .' O - �r l"- -.. F af-z.a - s , fi e„TQ ' raft 4,w :t17: r mss- .r - ` { . '` 7.1 ..�*".rs:w s- _f °s,r rss: "4.`.> s' kx.•.• , ,,y+ -n ,k. .:..vi .....r,5th,; 4 y 7 ,;ern ,•'. .. z a rS W 3..Y ms's-... I ip► 1‘,.'''''''''.....- ., L::_,,a, _______, __.._ t.,it._- ,- Specifications Power • Faceplate Heater i • RSI70MTSC: 115 VAC 60 Hz. 'VW'Lena x'1 , • CCIR/PAL: 24 VAC 50 Hz. New technology has greatly reduced the 4 s � f power consumption of the AIS. By applying •2�Eontintious-focus•oom a • 10 to 28 VDC. i , x - f ��E heat directly to the faceplate,the AiS can keep t- a. 4 vHorizon a T7 to ,3 dag�os � y • 10 watts with heater ON the faceplate clear in extreme conditions with 4 e is ("p•Af," gre ;ems 0 n o r ,', 'w tir-- 1 x P + 5 watts with heater OFF. much less power.As an optical fa}t-safe,the Imaging Device 1 • Optional lower or higher voltage. Auloscope Supervisor software provides 114w alofCCD• � - � Contrast Detectors to compensate for non- electrical� �� Dimensions P y Video Formats Su of Dd electrical failures in much the same way 0 PP • Mounting: Standard camera bracket #I. `4R5170,NTSC.CCIRand PA' ' G •� tilt top p ovided. as the electrical fail-safe turns on detectors r•;•- `, . 4':,.: on failure of an electrical component. 1 Resolution • Housing Enclosure: P �°'' NTSCt 460 TVL I3ortmnta„®eenier; - 3.5"diameter, 10,5"long pp Y l k Zoom Control s *, 350 TVLVertt ©:cente "`tt f • Weather sunshield: 16.3"long, PAL 45I Milriirtzoit`ta'®a center " . . Weight New technology to adjust the zoom lens + . tg � ,,�°r can .,.�s eliminates adapter cables or extra control TVG a 1Cal Celtltr � �"��.' �"'x ,„•,, � J� ;..,� ,,,wc • 3 lbs.I0 oz. wires in the pole. This greatly sim h&es u 4"',,. P b Y P _ tSynchronizat ion .. 1 Ambient Temperature r 4� t �, P installation. Zoom and camera controls ' `•"C stal '�"� it:' Limits ,rY , ll ktk - � --',,,,,,,44,,,,,,,, ° ° travel to the A15 along the coax cable.The .--'Sensitivity At Lensw • -34 C to+60 C_ Coax Modem plugs into the coax cable al- Full�v tleco noAGC llux • -40°F to+140°P. lowing a laptop computer to adjust the lens .. g cri. t` Humidity Limits field-of--view, 4= Si nal Tb Noise FiatioA,� K �ttg B - ,, f , i, Up to 100%relative humidity per tom" In-terfaCes3 ; .s` •� a r MIL-E-5400T paragraph 4,3.24. t� � � t i, : ,. • Carne or. •- �z r <° Options �•&WWvideo"output 1 ' - • video output • Connector s 1 g • Power source. Armor " , ,.t- Auxiliary colorivideoY;,, • Sealed or pressurized enclosure, �4,�outputft 1�,;. Warranty �HougingL&Sunshield t 34. :. • Two-year warranty. �Zob lens image s nsa edin ,, ,, , ,e,7,2 ;, 5,< ,.-r s .. • Extended warranty available waterproof and dust tight.NEhA-4 ••-•,••ousing: (5-year warranty package). yr "''" erirta '°" 4,-. - c WO&onnlite Control Products,Inc.All rights rexrved. � i Tii tattcall ntrolle ceplate heater;. Product Support �.��`�``��'. � -�"� ^r-� .. ;��.,.-.�e ��- ::' AutcncopesndAutnseopeSolo.�registeredtrulmutka°rlmage tp>9 � `Ad ustable weather ttp�shteld wtttl;' t= Sensing Syatenn,inc.All other tradcnurks ass the propnty°f their ' ,� I „ - Product support& by a team of irOafpr zug n " ,s mpcctive owners.E.noddle Control Products,inc,reserves the right adnpg . �� . ra9` trained AutoseopeTechnical Support tochcationupdaklhetespecificationaatanytimcwilhoulprw - X04• c� c rs�*yr 1 specialists. notification 421 k �iI � o CA92sO -2958 th �a�► t p y , �t � t �,.�j tiat ,may - �,{ ,�n Ec LITE ism■n ;...t, r \�"'/ x,, c ,r r y. e .o- s ;.i 4 5.r C C N r R O L P R O D U C T B, t N C.r 1 IT in, [ligtesoitt-i.".10,44,-,y www.ocnnotite.com L-' 1o2a-3Ndb2: , ;4>u::-.: ,74'a+z ' -• I ., r • . , t Ve hi l e Loo �a#actor� - . , ' , rT SCbt N r . ..rte•` ' -:�r� L - ) t„ -----.N ,.� J; j MALE i Loop Diagnostics .1,�� °` r- -- i :1 CONNECTOR t, ` `•` -� _©t. D-TEK-P-7 r; 'r 1-- - r v Q Loop Isolation - _ . i; N. tai ' . .a a• - r '� I Transformer f5l �W �Ris? gg+ r Loop Conditioner ti @ Aluminum RF Shield Housing I r M U i :3 ,'a` uvy i'�r 'a� �^ " Q: 94 Surge Protection = . � =r- @ Loop Frequency FEMALE �': '"r,— r L ' l x Counter CONNECTOR I -,. ��, _ 4.' ! ..:1';:fire—:-..1..,:t. { _ : i/,!.s c e s• iti jr pw►n Off. Q 10 Gold Plated Sensitivity Controls ,, ,t .... z r+xLsv a..na.,,:�,�.w..:��^�;�r�„�.z'��;„g `j`��--.'s�s,.� � @ 8 Gold Plated We at EMX have designed the new D-TEK Vehicle Loop Function Controls Detectors with the following objectives in mind: 1. Allow for easy installation into small operator housings. © 6 Gold Plated 2. All the controls must be accessible for easy installation and Controls for operation. Frequency, Reset St 3. Detector must operate reliably with marginal loops. Frequency Counter 4. Provide all the features and controls necessary for a variety of applications. 5. Use four layer board for maximum durability and RF blocking. @ Two High Intensity 6. Provide maximum surge protection on all inputs and LED Indicators outputs of the detector. � Industries Inc. 4564 Johnston Parkway, Cleveland OH 44128 • Tel: 800-426-9912, 216-518-9888•e C. e .Fax: 216-518-9884 • Email: sensors @emxinc.com • Web: www.emxinc.com Technical Specifications ., ,, ...„. .., , . POWER: The detector is available in the following voltages, 12V AC/DC, 24V AC,24V DC, 110V AC. Maximum current draw 100mA. LOW POWER Detector is available with maximum current draw of 60mA. . TEMPERATURE: -40F to+ 180F ENVIRONMENTAL PROTECTION: Circuit board is conformally coated SIZE: Height=2.687 inches 68 mm--Width=4.125 inches 104 mm OUTPUT RELAYS: 5A/125 V AC standard version, 1A/125 V AC low current version CONNECTOR: Male Molex D-TEK-P-7, 09-72-2101 or Female Molex D-TEK-P9, 09-62-3101 SURGE PROTECTION: The detector is protected with neon discharge lamps,zener diodes and surge arrestors LOOP INPUT: Transformer isolated GROUNDED LOOP: The loop isolation transformer allows operation with poor quality loops LOOP INDUCTANCE RANGE: 20 to 2000 microhenries with Q factor of 5 or higher TUNING: Detector automatically tunes to the loop after power application or reset €� TRACKING: Detector automatically tracks and compensates for environmental changes POWER INDICATOR: Green LED solid light indicates power LOOP FAILURE INDICATOR: Green LED blinks indicates loop problem LOOP FAILURE MEMORY: Green LED blinks with fast consecutive blinks indicates past loop problem that healed DETECT INDICATOR: Red LED solid light indicates detection EXTEND INDICATOR: Red LED blinks after a car left the loop indicates time extend feature SENSITIVITY: Is set by 10 position rotary switch FREQUENCY: Is set by DIP switch 9 and 10 INFINITE PRESENCE MODE: DIP switch selectable presence LIMITED 4 MINUTES: DIP switch selectable presence PRESENCE TIME: DIP switch selectable SECOND PRESENCE RELAY: DIP switch selectable PULSE ON EXIT/ ENTRY: DIP switch selectable FAIL SAFE/ SECURE: DIP switch selectable FILTER: DIP switch selectable 2 seconds { EXTENDED DETECTION: DIP switch selectable 3, 6 and 9 seconds COMPATIBILITY: The D-TEK is compatible with LD2000 iw t I1tij Industries Inc. 4564 Johnston Parkway, Cleveland O 44128 • Tel 800-426-9912, 216-518-9888 g -/� .. y . ,� Fax: 216-518 9884 • sensors@emxinc.com • Web: www.emxinc.com 4 . • . . t., ....... .__.../ . _ -,-..—gi rft■—•,-.. — . ......,... 0 , _.. but . • . •N . b. L ith ar en ,..1,4 fiLot N .660.1 L . , 5.C111.1 _ .... t4. ! 0,..”. LI, • , 1 . ,.• 1 . [ ' . .. ,,.. .. . ,.1 .,.- :H:■. :: ',?.■ ,,-.ii.4* ‘,.:0:444.•..: : 4•A:' • .f.,V..'•^.`'•';-5..'i:.:,*?.1:4•;%ig•-;•:•,?, A..1‘.:i,' ...;''.:',-,.. .g.,•',.:t,.;:.,i'l :.,‘:,:.:.,:f;•,•,...•.k..:54.••:<:•,,q.-1.,.:,i ...;.',4'. •':.',-;::''.:;•:::.,-,..C.,...*'.f.....,-. I ;•.,:: ..:...:. '''?..:,?.....4.4.,-:•.-• ...•74:'4%;?....‘„, - r.,.-^ • :.'•:•j.'.••7•1•4;,•:' '., *Of,..•'?1,.•.•.5.!•,... • ?:::••.•-•-''W•1:'?,41,,,r,--.!?. 4.t..i.t.opf.;-.y..:‘.;i?;''•,.., ,... ' : •:.:'...'...':';''''.;2..al:',4.:.., ':'•, ,....65:te..,::,;.76;.... .....-;J....:....:#exj,fo.. .. *FOr::.:...!::-....,.:..'..•:.-7,..!?:, ',- .,•.'-t.i.:].....f.. .;.'.........''.,:.: • •• •... -':7.•-.;V;i:1,,i,e...?:zity.'", E.0 .eP.s'...".' • .. • -:''':.:-..;•...:.".:','•.'.7';.,, 10 ,......,,k,,,•*-- fidarri -" ,,i:•,........,rio.kr.,•14'.1.4.mo,.461,,,,,,,,,,,- 1 •, - ,-?,?...? ?,?•,-?:;:.?:•1,$*: .?,...??,• ;?•`'. •'.., '••,•••'?-•'?••,,tf.',•:.'' .-",.• .,-'4, i,..?co-. ?:?.• . .. ..'...'k•:::•";•7.. ..!..tr .7E•'•T•rc...*•,:'••':7•7,•:ipr,• _ . .... ... . • • - 7.70.-r7.,.•• • . , . . ;'i:" .:'ii.:44 i',''•:,., ' • ??•.. ?. ?: '•-• •,_ ;.■ -! i=. !: -.;.r: -". 3 It 1 I.: Loop detectors LD20 and LD40 11 ,.,..a,.,..:,..,,„„.,,,•....., „:,".......„.:„..,.....,:::., bir hibrifi, g REGLOMAT Loop detectors LD20 and LD40 A nn hca iiii-o i t°g l i t zt�g a F s w@, r i ''tom�"rc;m e�s.fi p e s-r f x w '� Tio, M Ri ,.:;,rr.-._._,_ ,.,....�.,4 .,,.._.. L�. b .:.. -..:._,e. ,.;;.::,?. . : T...,. ..,.. �,igy,i5 s.eot:�?.: ,,.,..,_ .;err....:� ...,:., a ..::h.4 ;,615:411:r?a,:ii Loop detectors are used wherever vehicles have to drive mechanisms,operating barriers,controlling traffic be detected. For example for monitoring and safe- light systems in car parks or activating card dispensers guarding accessways or for counting vehicles. The in car parks. output signal can be used for controlling door and gate Functional description LD20;and ED40 t r s•eta_ , �, A ^ : g f r r �- 4 a:,.,.,....,.._...,..._...�. ,. .,,_..v ,,.i�......a,,..,....�� 3 '�-e...:.tt ....�r''�..w.,. �.....'..,._�-.sv,,.w .k.,�...ia iv�,"ir�'2+v aa..x�i,Yr...�.x�.':s Loop detectors in the LD20 series are evaluation the loop which is caused by the metallic components devices which each monitor one inductive loop. LD40 of passing vehicles. The changes are picked up and series units each monitor two inductive loops. The evaluated by a microprocessor. principle is based on a change in the inductance within Benefi s t the Gusto rie:: " ' .y�- d w r` ': l 'I. k a i i{ k. fit;a aW ei xf •'i tiM ,...,.„„...J....s .,..,., ..F sic.',r"'.tMatiirizG`-'."-„'tv..f '.rn...`5'..ki:v.-x ..a,,;dssi`k,r�z ,..irate;, .a..gdaaA s.,.3a&f;.s:iaaz;odi,,,..it..,-,..4 • Ease of use thanks to automatic calibration when • Setting the sensitivity on a 3-position switch the operating voltage is applied (high, medium, low) • Reliability thanks to compensation for • Simple fault detection with fight-emitting diode temperature fluctuation to display possible malfunctions • Direction recognition by special direction logic • Safe response to malfunctions and fault functions(LD40 series only) message display by light-emitting diode or a relay • Pre-configured units can be ordered so that the • Simple reset function to force a re.calibration by optimum product can be quickly and easily used changing the sensitivity. There is no need to shut in every application off the voltage to do this • Avoidance of malfunctions by the opportunity to select different frequencies s sr < sw s mr r q1 . 'g Connectian dEagranLD20 , l Dhens1ons LD20 , 11: 2 K1 1 K2 Dimensions in mm - f —1 \ f w I I I , AC/DC I I i 32 24 34 I r • • • • • • • • •�• • ;.. Al 11 A2 21 22 31 12 14 gs Loop I �6 rc x;^ s�..t-r' .r °-;a-�� � '_ � `�xs�n'�' ��. k x- a st_.. ... az.^? rr a -Coinnection diagratrtLD,�40 _, 'a� x , .Dimensions LD40 ,a y_,j„ 'a K1 K2 I Dimensions in mm - . I 1 AC/DC 32 24 34 I • • • • • • • • • 1 1 1 32 24 34 I ,-, -, .. , ,. .. „ . , , .., ,. , .,. _ _ , ... ... _ • • • • • • • • WWile a Al 11 A2 21 22 31 12 14 Loop 0 ,,,„4,,..--- 46 •r k,; x! i}„_.£l"f v%"#fir,y`e•}.k' J'' 7N4a. PFi ' r .f'l-4 :Techmcat data:" fi F 3 t Functions of the output relays 1 z r :Operating voltages 24 V ACDC•`f10% The following functions are preset at the factory and fi;,r +,.vik i;v5 '"c 115V`AC*10%'avy�J�'k{ri } can be ordered as required. •�i;'tiY ^ ��3 'a f x230 V AC*10%5 tr .',W:I R � a .; . :: .�: , ., t— Loop J — Loop i Power consumption 3; z <6 VAS n , .�h r. > t Rely out ut a + i a: < • �s; =.i' + Relay 1 Relay 1 230>V,/.2A.ACl,..�, _.,o.....�. �, t ! H=Hold interval N=Afterpulse Frequencyr l20 kti1to170(iHL = _ oopnx u ca,nce5;: rs ¢ Fdeaax 8 0 tto 0 0 Wh 0g ; }— Loop 1 — Loop I t— Relay 1 ---I L— Relay 1 >pncl,cor�necbori:Wlrtng)¢tiW:! ;max:;40 u�i�to'1000:NFI��z nx� -�--- 'Loop connection wiring maxi2001rn"!1Fri gR "s''l t t l- 3 ` t W� Etwis`tecl'at least;'20 Ume jrn'9 B=brop•out delay A=On delay Operating temperature '4 Functions of the second output relay Storage temperature k .s':l i 40'C<to+70.•:C'" -. s 31 (LD2o series only) Temp compensation # max'50 C/h(automauc) r Y;, LD21 The second output relay has the same Hold Interval ��t ; t3 sec.f >`r 4R - '! r k`K �' ` ''". �"' function as the first output relay, in case of power loss` ;l €� x ' •E 1022 The second output relay produces a pulse Protection classn r. {IP30' : '"- ,3 t r wa. of 100ms when the loop is activated. Interference protection_ ir1 acc;With EN 50081 1°f A:g ; � mf BEN 50082 2 } J1 1023 The second output relay acts as a fault relay _ ..• :,a.. , t and picks up when a fault occurs. LD24 The second output relay produces a pulse of 100ms when the loop is deactivated. The required mode can either be set by the user on a DIP switch or the unit can be configured for a particular mode in advance. Refer to the operating instructions for the precise switch settings. „«s l ry > T, 'y"e x s "'"�'" < y F 'sides a' w+e.6rx;�"a,� x�. - .tF ' €'��+,'..��+�°. fi: �, �.., x y LU21A �'� :. 3 :ia �a .�: s S.t�,ys,�u: x�7`� �' �-- .c.,..ti,ns>b. v.,a..r.,,... .cMw._,-_ern,>,..,,,... ..,.vs.S!+.d.a•..N.?..dxt:4w...r .a.,,....s:?i 1,-.. a tttia.€�oom„_,.„„sla katta,:^mot '. ...� Standard settings for door and gate (.1.) Standard settings for door and gate(.1.) The output relay energises when the loop is activated The corresponding output relay energises when loop 1 and is released when the loop returns to a non•acti- or 2 is activated and releases when the loop returns to vated condition.A malfunction causes the output relay a non-activated condition. A malfunction causes both to drop out automatically. output relays to release automatically. Barrier systems(.2.) Barrier systems(.2.) The output relay energises when the loop is activated The corresponding output relay energises when loop 1 and releases when the loop returns to a non-activated or 2 is activated and releases when the loop returns to condition.A malfunction causes the output relay ener- a non-activated condition. A malfunction causes both gise automatically. output relays energise automatically. Quiescent current(.3.) Quiescent current(.3.) The output relay energises after calibration.The output Both output relays energise after calibration. The cor- relay releases when the loop is activated and energises responding output relay releases when a loop is acti- again when the loop returns to a non-activated condi- vated and energises again when the loop returns to a tion. A malfunction causes the output relay release non-activated condition. A malfunction causes both automatically. output relays release automatically. Direction logic(.4.) This mode makes it possible to display which direc- tion a vehicle is moving in. If it moves from loop 1 in the direction of loop 2.output relay 1 energises. In the reverse direction, relay 2 energises. A malfunction causes both output relays release automatically. 1 b k REGL M4T i •�x F�t.:N- *r''"+'r�,x s -»uc*h .�x334` '�qtr$' N+�`-r+y rrx-a,.�-' � "'"'-f".,a° a r:i �`e'�:y 'r a r �' �z '• y� .u.. •, APPGcatians ,.� 2 r Jr z x Fg� t y< ?, $�..�:. ,......._«�_,...,.�.,..+>;, �...o%,...�_: ?.;.�.w sw:. ..... .��'.«::t 2.....__<L.._ ...,-�.._ .....�.._...,..s,... ;:�....t.1.R:xr#S;$:+:-�.c .:Y�: "'...' „',�. '+`-sx-` .?- �yy{{a ` a' fi :wi�vv. ;�a�.a �,� � tt 7 . us0,'g''��G�?cam Y.v-4,w- .wry , ,i#4. q i'. jj. y ,, > .a ,fir <,, i t it, l - ' , ,It .),5; . ,. '''. :..,:l-1... -- .. ' ' i . 1.: qg� � .. { s i may: # rr ^K�+'•` '":S`.'a5^7'c 'St4'13'S '-.3: ,�; �n +ryFX'1i�xait 'rs iy'�,z*"�^ytty,�` �Sr -rr y .i3- tr pt r.:Ordering iMormationl jg R F5 P3P" � g g , N ¢k ,J i ...,. ,..,,. a ...._-t...'z ;�:a�..;.� '�.t,.,. .. r�..?;:.:,s s„x.,...-:!_......w,��w:ys,,,...�:hzra�r,. +1x-..,.:,. . ,r,.�aisr.3� LD, „_,1 .,,.Tf.,230AC, Basic version Output relays Mode Function Time'Supply voltage (1.2.3 and 4 only for oneloop unit) (set at the factory) 2 One loop unit 0 One output relay/loop 1 Door and gate(default) N Afterpulsa 230AC 230VAC 4 Twaloop unit 1 Two(2nd:same function as 1st) 2 Barrier system 11 Hold interval 115AC 115VAC em {one output relay 2 Two(2nd:100ms pulse when activated) 3 Quiescent current principb B Dropout delay 24ADC 24VADC cg,;£a 3, per loop) 3 Two(2nd:fault relay) 4 Direction logic(L040 only) A On delay 4'4 Two(2nd.Urns Rise wtrn loop isdeactivated) R Direction bgic(1040only) 6' y ,r ) Time 0 01 s 1 s 2 s 5 s 10 s 60 s 5 min 2 min Infinite 0:': • :::',1:zTt 2;."• . ; 3i:i.' •4- 5• 6 . w.,.....;y7,° �@>:r :,s1. �. f ham'4 Output function N X X X X f - * k Output function H x x X X p x 4, r Output function B X X X 44 Pll Output function A X X X X X ,ixf t:2 Output function R X i C.Mril a Pre-fabricated loops(type SF)can be supplied for installation on request. Please state the circumference and required length of connection wiring. >; : . } t `i t aR 5Y? r.t;. us 7 F� #nom`•-x bn +'..X.a*r r a x' ,7if�c- ?!Cy'+ju [g c h�a a; r .g '�4 i' Your cantactf f; <, ,,�� 3 r 4 ¢,� M ,_, a.,u may w.. .., « �� ..�e. ...�...........-.......,..,...,...,...ad»..`�sr,:.-3.'�`..:air....�,;:uaz:�:4,...as�t>i%:swrA';,+'�,tic...�aa,..;'xiy-. ��.'-:.atu...•. .�?�, Bircher Reglomat AG Wiesengasse 20 CH-8222 Beringen Switzerland Phone +41(0)52 687 11 11 Fax +41(0)52 687 12 10 info@bircher.com www.bircher.reglomat.com Note: Technical details and recommendations concerning our products are based on experience and are an aid for the orientation of the user.Details stated In our brochures and data sheets do not guarantee special properties of the products.This does not apply 8 • to special product properties confirmed in writing or individually on a case-by-case basis.Subject to technical alterations. • i5 • a •.. .14.!,-,..; .,, CC All",...: SotAr .,:,.. .. X 6611 ,,,:„...:.......,_ When it comes to solar powered traffic products, ,--' INN you want to make the right choice—to know that - the products you select are well designed, well engineered, and properly configured to meet P ': I° the demands that will be placed on them. �, . S >II imply put, you want to know that your system will work in your application and environment SPEED: t COD the way it was designed —for the long-term. LIMIT 35 f f ,i T CD hat's why SC Solar should be your choice jYOUR4SPEED 4, for all of your applications. Sc Solar has �� • engineered and manufactured our systems to f t be the highest quality, most stable systems __,; �' available today. It represents a true breakthrough ' -`' ' g in solar technology! 13if1€J . ,. _ , m F III .0 C111: 'a yy> is < r sees !Features `.` ; j,: ° ,.4 . y '" 7 ar.K f'Z ax, i2 {,:ra:.40i.„aa',ark . t',,,'9 °Vii:. COD .s ,Low Cos Installation easilyrand qu ckly x ' ` ,, �asssernbl7ed n"an localiop g°� '� .4 : : , •Y�LED Beacans aLo ewith, F .t- q ,�, , . CIII) �,s^ Y f �w.. 3.. � ,y,y,�a.�, ,� f v iF J:. La Poker>sCoiismpo 8"or 125 t„ Virtually Mai tenance`FreetDesign,. Y 0-4A� _ ,>' ' , MINI -# :y a .-. 'o a: s rrtrs q tr ,- ' ., Complete sys m pac'�Cages lui of ,, - - �r., t�. O ''•18reakawayy Base Design> f°%.4 �fi w rt'k�?S�°'.#.�, . ;:' d:kw.'r• .y,:5a"'a,•p••v?n} ."',` `%b>.;� C•r . •Vandal and~The esistant;compo n entsL&'�Har' re` , 61111 .w.4 . ,. .rz,Y,'. !�.:..5.6,°t w-ak, a 2 4>"rds Win.., o ,.,. . v. .: , ,s,25-Year Warranty Solar lodulesIttar'tn .• - # %' � 166. r tQ p+e>.. av:�e..v �-,-, e� aaaxh.,� � �;�'z�' n . � �` Urtbfeakiable�Solar Modules' ""{Optional}t > ���' ' Alb Long;Lifeb Deep Cycle aintenance FreeiBa•. es �\ . �'x{2 K�f! .°'.`F win.y+' fib^ .�e 1� °RemoterControlAActivation'''''.1010�donal kR r '• ° p...: t,_, � .5 .,,.,-',.yY. tw.a�s.,r'M. •,rara:aN. �r+t.. =3�°�i, .F ASHTO and MUJTCI�Go pliant componen' ",v :-.r n 1, it Applications4,' x�: f• � ", ` a i 3 > , I }24 Wou i=lashing 6eaco,r��5yster,�- ���`v;f��'•=�� �. • Schoo"Zone Fla,„,,,,Beacon S ms `s �, with.,programmabletirrle control 1` '` g�' • speedfAwareness Displays ,: � } i' SC Solar; Building confidence... • xfirehouse;Entrance/Exit Warning Beacons' one project . one system... and one•■ 7Intersection .Cross rack Warningi4.-i x; n�vr o �F K sat fed customer at a time Sharp y nie4Wamlrigps--5PN -i, s . o. ? Y •■ Factory. �a Facility Entrant Warning � , ;rN>�r�i ' , -= For Sales,or.Technical Assistance,call SC Solar < a� ;�'i`%:.: '�;' 1 at 1466-851-98 19 or visa �„g; .._ L... . , ,... .... o tusonthewebat wwwscsoiar.com GY +T -4 m.+:'.'«, WaF""coy.Y. �Ne..•..�`,-$ �.,"`' +`A+J' G�w '�` ''` Cross AIert Systems, Inc.Technology Solutions for Bike Path Safety Page 1 of 2 TECHNOLOGY SOLUTIONS FOR BIKE PATH SAFETY Cr" s . r OUR ADVERTISING Systen HOME OUR SYSTEM CONTACT US H indsigh L. 4 Foresig Q&A/COMMENTS I 2 _ 7.. ` -s R �a� a �, ,. . s�� c oss FIND A BIKE PATH ! �!'R" '--- 44- --� `i,......4,,,..- r w, 4_ _a _ aLt r OUR 1 ft s_ :'? :13.'4.'1:2',�•` : l:-_ s l:'' l• ADVERTISING i . t, ,rf., 0,^' %'fit r SIGN LOCATIONS j� I ,rr - —�� �.! i taw'�. NEWS -. `- ;:1s OUR PRESS r_ 2 ' i q-1' rBEFORE&AFTER -.,. t ,p�C- c,t :: 1 ; .1% ,iii, n ` r-CROSS ALERT ;ar" .);I.! jp,I e.1 i e {{ r f!.a: ... _fotJt YClrli(f, Pr t: ., ,;� 1r • • The simple difference between hindsight and foresight I ;, : Natural and structural sight barriers can lead to dangerous vehicle/path u �^ Now,many of these incidents can be avoided. !-1r.- The Cross Alert System delivers event related protection by warning mot( ft �/ approaching path users. W3 r� Triggered by path activity the Cross Alert System activates an amber wan yr forewarning.approaching motorists of path users al or near the intersects: ' enhanced without altering the flow of traffic.Flashing red beacons forew ',4=7444,41 :4' i, 1, users to slop. http://www.crossalert.com/adv.html 6/13/2006 Cross Alert Systems, Inc. Technology Solutions for Bike Path Safety Page 2 of 2 ''^,''" `max1,- Radio controlled early warning poles can be placed up to 400 feel horn it '. where higher speed limits prevail,providing crucial advanced warning of i For planners,specifiers,builders and maintainers of recreational paths ttu I - � roads,the simpk difference between hindsight and foresight is Cross Ales WHEN ,€ p s For specs, n ' informatlo FLASHING ,' ,; �4fert :::-CRt 1 www.crossatertcom L)2005 Cross Alert Systems,Inc.All rights reserved 1.866.CROSSALERT(1.866.276-7725) II Website by Jump Into The Net Sc { f}I http://www.crossalert.comladv.html 6/13/2006 Cross AIert Systems, Inc. Technology Solutions for Bike Path Safety- Sign Locations Page 1 of 1 TECHNOLOGY SOLUTIONS FOR BIKE PATH SAFETY CI.SS ert SIGN LOCATIONS ystem HOME OUR SYSTEM North Carolina CONTACT US Q&AJCOMMENTS Signs are installed at the Indicated locations.Click on a location to be directed to the trail/path website. FIND A BIKE PATH Please check our nem page for upcoming installations. OUR ADVERTISING SIGN LOCATIONS NEWS OUR PRESS BEFORE&AFTER CROSS ALERT I � + I bacK_to sign_.loca tions.map ©2004 Cross Alert Systems, Inc.All rights reserved 1.866.CROSSALERT(1.866.276-7725) I1 Website by Jump Into The Net Barony subdivision Cary,NC (website unavailable) Cross Alert Systems delivers unique active traffic warning system to Cary,NC.This system provides warning to cars exiting a subdivision that vehicles approaching on a State highway are hidden by a dip in the road.Two poles were placed about 600 feet from the subdivision exit.These poles are NC powered with battery backup,and they are outfitted with vehicle microwave detectors from MSSEDCO.When a vehicle Is detected,a radio transmission is sent to a pole in the driveway of the subdivision,which causes a warning light to flash. http://www.crossalert.com/locations/northcarolina_.htm 6/13/2006 Superior-Traffic Manager Flashing LEDs Split Arrow Lights Page 1 of 2 C%z:711-„,‘ ia ."--a.....wmul . - ►ooAOa000 QQoaaao cos" r it MENEM NO 900' ' ARROW LIGHT! Home Flashing LED Split Arrow About Us u i a° � L Contact Us E` ARROW Distributed o Product Litres . '`! : ", , -*.:.:1:' , Mail- .ti Employment ._ .... .., r How to Order =Jaz`nRGN. C0 Ca CG s Online Catalog 410Products SY850LED Split Arrow $532.35 ORDER Amp draw: 7 Voltage: 12VDC Ali prices eue Base: ABS high-impact corrosion resistant suggasfecfjobber plastic with a sealed back /sni:os.Plevsa txrrck Mounting: Permanent mount&optional magnetic mount kit /ram W contact us for Flashing A Distributor g cfscounts, modes: Left,right and double arrow caution Size: 22.5'L x 1611H-2 pieces per set Includes arrow light,control box and 25'wiring harness per arrow Replacement Parts SY81012: Flasher panel,12vdc SY853L-LEO LED Left Arrow SY812L: LED Lamp SY853R-LED LED Right Arrow SY851: Box Control,12VDC SY81012 SY812L SY851 $37.90 $26.95 $136.90 ORDER ORDER ORDER �. - .. ' . 1. • to 1 .SY853L-LED SY853R-LED �f $243.25 $293.25 ORDER ORDER http://www.superiorsignals.com/trafmanl/trafman2.1.html 6/14/2006 Superior-Traffic Manager Arrow Lights,Directional Arrow Page 1 of 2 ..�.. S •'Wit" , ,�;�.,, h ISO 1 ARROW LIGHTS Home Directional Arrow About US LED Directional,Split Arrow,LED Spp ,Sequential,LED Sequential,Split Sequential Contact Us , Distributed LEFT AHRSw H Product Lines t , ":420.4t, ,/,,,----Ns. . „N"- r �; cs t ..,,k , ` � . ¢ „ rsO carsc n Employment `N r "" , awatc ns fl'S r How to Order - • `r, . G r, co00GC p Online Catalog ii0Products SY810 Directional Arrow SY810-24VDC Directional Arrow $276.95 ORDER $346.15 ORDER Amp draw: 20 Amp draw: 10 Voltage: 12VDC Voltage: 24VDC All pricesars Base: Heavy gauge enamel-dipped aluminum Base: Heavy gauge enamel-dippec suggested job. pleas.Please click Mounting: Permanent mount&optional magnetic mount kit Mounting: Permanent mount&optional bare to contact us for Flashing Fiashin Rims modes: Left,right,double arrow and caution bar modes 9 Left,right,double arrow and Size: 55'L x 13'H Size: 55'L x 13"H Includes arrow light,control box and 25'wiring harness Includes arrow light,control box and 25'wirin Replacement Parts Accessories SY81012: Flasher panel,12VDC SYB11: Magnetic mount kit SY81024: Flasher panel,24VDC SY825: Hinged bracket SY810A: Arrow panel,12VDC SY830: Dust cover SY810A-24: Arrow panel,24VDC SYB12: Lamp,12VDC SY813: Control box,12VDC SY813-24VDC: Control box,24VDC SY824: Lamp,24VDC SY81012 SY81024 SY810A SY810A-24 SY811 $37.90 $47.70 $155.00 $155.00 $43.00 ORDER ORDER ORDER ORDER ORDER L t 1:1' may. r 1.94Z;glik • INF SY813- http://www.superiorsignals.com/trafmanl/trafmanl.html 6/14/2006 Superior- Traffic Manager Flashing LED Directional Arrows Page 1 of 2 ii ...._. OLVJPQAt1GQ 0000 C'JL4C7 OG?Qr r� i J r i.a jai �$ LSO , DlillikPikillillaN" ARROW LIGHT; Home Flashing LED Directional Arrow About Its — — L '" '� k. Contact Us c LEFT 7 Afar:�a•. +''l Product Lines -' ;:� .= .'�° . '. y a'q f ,.5 4r �; normLc Aar rr Employment w How to Order Online Catalog SY810LED Directional Arrow $499.95 ORDER Products Amp draw: 7 Voltage: 12VDC Base: Heavy gauge enamel-dipped aluminum Mounting: Permanent mount&optional magnetic mount kit AIrpricesarn Flashing suggested jobber modes: Left,right,double arrow and caution bar prices:Prise nick Size; 55'L x 13'H here fa contact us F Fleet8 L4'atre'wtar Includes arrow light,control box and 25'wiring harness dlscowrts. Replacement Parts Accessories SY81012: Flasher panel,12VDC SY811: Magnetic mount kit SY810A•LED: Arrow panel,12VDC SY825: Hinged bracket SY812L: LED Lamp SY830: Dust cover SY813: Control box,12VDC SY81012 SY810A-LED SY811 $37.90 $376.95 $43.00 ORDER ORDER ORDER vz.,-. 1194‘1011—dift SY812L SY813 SY825 SY830 $26.95 $123.00 $42.30 $48.85 ORDER ORDER ORDER ORDER http://www.superiorsignals.com/trafmanl/trafman1.1.html 6/14/2006 —— s 1411e,I 3 _______---------_.- 3 i.i i 1111A 3 L \ . •i' _ � ~\' / ` ' 1X:e T is LL I, t `- • $J° - / t t,- t N1 i a ° a u t r # 11 9'0 t , _ ,og , /,--t 1: l� �?6t ';te 1° \ 'a 4. _ _ --i d• ■ ' _::: , .....:. /4 :' - 'I 1 tr:1': ■ i I', i . °*1- `ar - r —7--�•�� `'',8', III ;$ 8• e4 —. `m" y �1 II ?, $ '4\---,s f 1':` :0 `" .:.. 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'% i xls _I:1r t 1 i • •,4 .1.3 §-1 101 VIC' 2 .-3 r \ ..• . - 1 \ /''''S'' ' , ., > • 1-• . W 0 . . i,....k...„ 1 \ , , z • 1.i >' " \,,',''•—e i/ Y/ 5‹ /4 \ -- - \ 5—'''-1.- __--.----- r 4 i/ 77 / . / ' , ' 1 ''' / ' '',.Z: I ,(---- - -gFiII i 2 LIONS SQUARE LODGE-NORTH BUILDING 0 LIONSHEAD PLACE m a t iq 2.22.M 112 aell T 1N/ 0 VAIL,COLORADO t.1 i or . SITE PLAN ,OFil No IMIE REVIEW . ig:'/71 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 26, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development, LLC Planner: Bill Gibson SUMMARY The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned Lionshead Mixed Use 1 District (LMU-1), and is located within the Lionshead Redevelopment Master Plan area. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). The applicant is requesting approval of a Major Exterior Alteration to allow for the construction of 9 new dwelling units; 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. The applicant's zoning calculations (Attachment B), the applicant's master plan compliance analysis (Attachment C), the applicant's summary of mitigations of development impacts (Attachment D), the applicant's proposed employee housing mitigation (Attachment E), the applicant's letter about communication with adjacent property owners (Attachment F) and proposed architectural plans (Attachment G) have all been attached for reference. Additionally, correspondences to the Commission from property owners within the Montaneros Condominium Association have also been attached for reference (Attachment H). 1 III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. At an undetermiend point in time, the Lion Square Lodge North development site was subdivided from the Montaneros Condominium Association property. Based upon the original development plans and associated documentation, the existing Lion Square Lodge North was originally named the "Montaneros II". According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District (CC2) and was rezoned to Lionshead Mixed Use 1 District (LMU-1) in :,,s,,►cra; 1999. The Planning and Environmental Commission conceptually reviewed this proposal at its May 8, and May 22, 2006, hearings. At these hearings, the Staff presented the Commission a summary of the zoning code and master plan provisions that are applicable to the review of this proposal and the applicant presented a general overview of the proposal. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff in review this major exterior alteration application: Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action:The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." • Design Review Board: Action:The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, 2 and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction Chapter 4: Master Plan Recommendations—Overall study Area: Chapter 5, Detailed Plan Recommendations Chapter 6, Site Design Guidelines Chapter 7, Design Standards Chapter 8, Architectural Design Guidelines Zoning Regulations Lionshead Mixed Use— 1 Zone District 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. 3 The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4 Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type Ill (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. 5 Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OFA BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. ..”.lpptl A{i∎t•IIM,.L. 12-7H-6:ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional 6 fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that 7 the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-9:LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-7H-12: DENSITY(DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, time share units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent(25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third(1/3) of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15:LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent(20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 8 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half(1/2) the required parking shall be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception:All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS Address: 660 West Lionshead Place/ Legal Description: Lot 8, Block 1, Vail Lionshead Filing 3 Lot Area: 0.95 acres (41,513 sq. ft.) Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed/Required Proposed Setbacks All Sides: 10 ft. min. 10 ft. Building Height: 71 ft. avg. 52 ft. avg. 82.5 ft. max. 78 ft. max. Density (dwelling units): 36 DUs (133% of 27) max. 36 DUs GRFA: 103,782 sq.ft. max. 49,394 sq. ft. Retail Space: N/A 650 sq. ft. Site Coverage: 29,059 sq.ft. (70%) max. 26,509 sq. ft. (64%) Landscape Area: 8,302 sq.ft. (20%) min. 11,100 sq. ft. (27%) 9 Parking: 53 total spaces min. 53 total spaces (51 DUs + 2 Retail) Employee Housing 1 Type III/IV EHU min. 1 Type III/IV EHU (off-site) VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with4h.ezpurposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the construction of 9 new dwelling units, 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. Each of these proposed uses comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction 10 Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policies objectives of the plan: 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2) Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds"or "warm beds') through new lodging products. 4) Improved Access and Circulation kl4 it iSeS Zet The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead(streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 6) Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Staff believes the proposed major exterior alteration conforms to these policy objectives. The proposal will significantly upgrade the architectural and aesthetic quality of the Lion Square Lodge North property in keeping with the identity and character of the adjacent redeveloped properties such as Arrabelle, Marriott, Antlers, and Montaneros. Staff believes the improved pedestrian access, streetscaping, and landscape improvements along the south of the Lion Square Lodge North that are being proposed and that have been coordinated with the Arrabelle project, in addition to a new street level retail space at the east side of the property, will increase the vitality of the Lionshead area adjacent to the Lion Square Lodge North property. The existing Lion Square Lodge North building is only comprised of dwelling units with no existing accommodation or fractional fee units. However, many of these existing dwelling units are rented to guests and function as "warm beds" (not "hot beds"). The proposed major exterior alteration only includes the construction of additional dwelling units, and as allowed by the provisions of the Lionshead 11 Mixed Use 1 District, no accommodation or fractional fee units are proposed. It is anticipated that both the existing and new dwelling units will continue to function as "warm beds" in the same manner as the existing Lion Square Lodge North. The Lion Square Lodge North has been, and plans to continue, coordinating with the Arrabelle development project to improve the access, circulation, and infrastructure of Lionshead adjacent to the site. Chapter 4: Master Plan Recommendations Section 4.3 of the Lionshead Redevelopment Master Plan address the physical connection of Lionshead to the natural environment. Sub-Section 4.3.1.1 address the need for the preservation "public" view corridors (none of which exist near this site), but not the preservation of "private" view corridors. Sub-Section 4.3.1.2 recommends a north-south axis orientation for buildings to lessen negative impacts to sun access and mountain views for streets and existing buildings. Staff believes the applicant has addressed this plan recommendation by designing "tower-like" additions to the west and east ends to the existing Lion Square Lodge building. The existing building has an east-west axis orientation which can not be re-oriented without the demolition of the existing building. Staff .00 believes the proposed "tower-like" additions will have much less impact to sun access or views than a zoning compliant design adding building bulk/mass and height over a larger area, or the entire area, of the existing building. Section 4.6 of the Lionshead Redevelopment Master Plan addresses vehicular and pedestrian circulation. Staff believes the applicant's proposed landscaping and site improvements, plus ongoing coordination with the Arrabelle project improve the vehicular and pedestrian traffic and circulation adjacent to this site. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. The proposed major exterior alteration provides sufficient parking for the proposed new uses and remedies an existing non-conforming parking situation for the existing Lion Square Lodge North dwelling units. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the Lion Square Lodge North's employee housing needs by purchasing and deed-restricting an off-site employee housing unit of no less than 700 sq. ft. and one bedroom in size. The Town of Vail Housing Coordinator has determined that the applicant's proposed mitigation meets the Town's employee housing requirements and is consistent with the mitigation methods approved for other similar re-development projects. Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art. Since the Lion Square Lodge North is not located on the Lionshead "retail mall", the applicant is not proposing any public art at this time. 12 Chapter 5: Detailed Plan Recommendations Section 5.12 of the Lionshead Redevelopment Master Plan addresses the entirety of the Lion Square Lodge (North, East, and South buildings). This detailed plan recommendation was drafted prior to the review and approval of the Arrabelle development project. In Section 5.12, concerns were noted about the no longer existing vehicular traffic through the Lion Square Lodge site and recommendations were made for an improved pedestrian connection between all the Lion Square Lodge buildings. With the current Arrabelle project, a significant portion of the vehicular circulation through the Lion Square Lodge is now located below grade. The pedestrian connection between all three buildings and the pedestrian connection to the Lionshead ski yard and mall have also been enhanced. Section 5.12 also discusses the screening of parking at the Lion Square Lodge (primarily the East and South building's surface lot). The applicant is proposing to construct below grade structured parking and surface parking with a sod roof cover to screen the new parking. • Chapter 6: Site Design Guidelines The Lion Square Lodge North building has coordinated with the Arrabelle project to improve the pedestrian circulation and access adjacent to this site. The applicant is proposing sidewalk, landscaping, and lighting consistent with the Lionshead streetscape design. Chapter 7: Development Standards This proposed major exterior alteration request conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also be reviewing this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of the Lionshead Redevelopment Master Plan. Since the Board has conceptually reviewed this proposal and the Board's initial response was very favorable, a more detailed review has tentatively been schedule for July 5, 2006. As this proposal involves the renovation of an existing building, rather than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein"rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently developed/re- developed adjacent Antlers, Marriott, Montaneros, and Arrabell. 13 There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to building eaves, wall surfaces, wall spans, ridge heights, building materials and colors, and roof dimensions and pitches. This major exterior alteration conforms to the guidelines for wall spans, building materials and colors, roof dimensions, and roof heights. The proposal does not conform to the roof eave heights, roof forms, wall surface, or wall span requirements. Staff believes these deviations are caused by the existing building form and design. Staff believes the applicant's request meets the intent of these guidelines, and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. For example, the entirety of the existing Lion Square Lodge North building has a flat roof. The master plan guide lines require pitched roof buildings with only secondary flat roof elements limited to 500 sq. ft. in size. The proposed new elements of the building (i.e. the two "tower-like" elements) comply with this standard. To upgrade the existing building to meet the intent, not the strict requirement, of this guideline the applicant is proposing to construct new mansard and hipped roofs features. These mansards and hipped roofs will mask the existing large flat roof, give the appearance of a pitched roof building, and improve the overall aesthetic quality of the building. 3. That the proposal does not otherwise have a significant negative::effect eumn,:+00041 ww the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan and the general character of the recently redeveloped adjacent properties including Antlers, Marriottt, Arrabelle, and Montaneros. As with other redevelopment projects in Lionshead, such as the Arrabelle, this proposal will affect sun/shade and the private mountain views of those adjacent properties located to the north. The proposed major exterior alteration will cast more shadow on the adjacent Montaneros building and pool compared to the existing Lion Square Lodge North building. However, the non-conforming, close proximity of the Montaneros building to the Lion Square Lodge North property line (less than 1 foot) and the location of the Montaneros swimming pool patio (6 feet from the property line, 3 feet from the easement) exacerbate the shading effect of this proposal. Staff believes the applicant's two "tower-like" elements will have less impact to sun/shade and private views than other design alternatives allowed by zoning and the Town's Comprehensive Plan. Neither the Vail Town Code, nor the Vail Comprehensive Plan, regulate or protect private views. The Planning and Environmental Commission is only charged with preserving "public" view corridors adopted by Chapter 12-22, View Corridors, Vail Town Code. 14 This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. Based upon a traffic study prepared by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, there will be an increase of 7 vehicle trips to the Lion Square Lodge North site at peak times. The applicant has been assessed a traffic impact fee by the Town of Vail to mitigate this increase in traffic. Staff does not believe this increase of 7 vehicle trips will have a significant negative effect in comparison to existing traffic conditions. In summary, Staff does not believe this proposal will have a significant negative effect upon the character of the neighborhood; instead this proposed major exterior alteration will redevelop the Lion Square Lodge North to be more in keeping with the intent of the Lionshead Redevelopment Master Plan. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Irem,44.0 Staff has reviewed the Vail Comprehensive Plan to determine which elements.of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Lionshead Redevelopment Master Plan (adopted 1998) This proposal conforms to the Town of Vail's transportation and engineering standards. The applicant has also agreed to make a financial contribution to the Town of Vail in the form of traffic impact fees in accordance with the recommendations of the Transportation Master Plan. Therefore, Staff believes this proposal substantially complies with the applicable elements of the Transportation Master Plan. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria#2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. IV. MITIGATION OF DEVELOPMENT IMPACTS Employee Housing As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for major exterior aleration proposals. 15 In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriottt, Four Seasons, Manor Vail Lodge, Vail Village Inn, Crossroads, Ritz Carlton, Arrabelle, etc. development projects. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers • to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. Since this proposal complies with the allowed density, the 15% figure has been used. Employee Generation Calculations a) Multi-Family (Dwelling Units) 9 new units proposed @ (0.4/unit) = 3.6 employees b) Retail 650 sq. ft. @ (5.0/1000 sq. ft.) = 3.25 employees 6.85 employees x .15 1.03 employees According to the calculations above, the applicant must establish 1 new deed- restricted employee bed ("pillows"). The applicant is proposing to provide the required deed-restricted employee housing unit off-site by purchasing and deed restricting a unit of no less than 700 sq. ft. with no less than one bedroom. The Town of Vail Housing Coordinator has reviewed the applicant's employee 16 housing mitigation proposal and has determined that proposal meets the Town of Vail's employee housing requirements and is consistent with other mitigation proposal approved for similar development projects. Parking The Lion Square Lodge North has 29 existing, functional parking spaces. The original approval of the building required 38 parking spaces for the existing 26 dwelling units; however, the configuration shown on the original condominium plat of the project was not constructed. With this major exterior alteration proposal, the applicant will be providing the required parking for the new retail space and the 9 new dwelling units. Additionally, the applicant will be constructing 9 additional new parking spaces to remedy the existing parking • shortfall. As part of this major exterior alteration, the applicant is proposing to construct a total of 53 parking spaces with 29 constructed in a below grade structure and 24 constructed above on a surface lot. The majority of the surface spaces will be screened from view by the installation of a sod roof covering. Traffic The proposed new dwelling units and retail space will likely increase the traffic flow to and from the Lion Square Lodge North site. To mitigate the effects of this increased traffic, the applicant will be making a financial contribution to the Town of Vail in the form of a traffic impact fee of $45,500. This fee is based upon an assessment of $6,500 per increased traffic trip at peak hour. A traffic study by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, has determined that at peak hour this proposal will add 7 new vehicle trips. Landscaping/Streetscape As noted above, the applicant is proposing to install a sod roof covering over the majority of the parking area to screen it from view. The existing Lion Square Lodge North has minimal existing landscaping, which primarily consists of a grass lawn. As part of this major exterior alteration request, the applicant is proposing to re-landscape the site (including trees, shrubs, planting beds, sod, etc.) to provide both screening of the building and an improved street presence for the property. The applicant will be coordinating the installation of landscaping with the Arrabelle development project. Coordination with Other Redevelopment Projects As noted by the applicant, Lion Square Lodge North has granted easements and access agreements to Vail Resorts for pedestrian and vehicular circulation, construction staging, water retention, and utility upgrades associated with the Arrabelle redevelopment project. The applicant will also be coordinating the installation of their proposed landscaping with the Arrabelle development project. 17 New Retail Use The existing Lion Square Lodge North consists of only dwelling units. As part of this requested major exterior alteration, the applicant is proposing to construct a new 650 sq. ft., first floor, retail space adjacent to the pedestrian path on the east side of the building. This new retail space transforms this existing wholly dwelling unit building into a mixed-use project in keeping with the intent of the Lionshead Redevelopment Master Plan. Art in Public Places and Off-Site Road/Streetscape Improvements At this time the applicant is not proposing specific contributions to art in public places or off-site road/streetscape improvements adjacent to the Lion Square Lodge North (currently being constructed and funded by Vail Resorts as part of the Arrabelle development project). X. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission evaluate if a contribution to art in public places and/or the off-site road and streetscape improvements along Lionshead Place (currently being funded by Vail Resorts) are necessary as mitigation of this proposal's development impacts. Staff also recommends the Planning and Environmental Commission consider forwarding a recommendation to the Vail Town Council to amend the "build-to-lines" of the Lionshead Redevelopment Master Plan to allow the applicant to construct the proposed parking area sod roof within the required setback. Staff believes extending the sod roof and creating a continuous lawn/landscape area between the Lion Square Lodge North and the Montaneros better meets the intent of the Lionshead Redevelopment Master Plan than the strict application of the 10 foot setback requirement prescribed by the Lionshead Mixed Use 1 District. Staff believes such an amendment to facilitate a continuous lawn/landscape area would create a "win-win-win" for the Montaneros, Lion Square Lodge North, and the Town of Vail's citizens and guests. The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the major exterior alteration review criteria outlined in Section VIII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve this major exterior alteration request with conditions, Staff recommends the Commission make the following findings part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not 18 otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to approve this major exterior alteration request, Staff recommends the following conditions: Prior to Application for Building Permits 1) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 2) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. 3) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Prior to Requesting a Temporary Certificate of Occupancy 4) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 5) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June 15, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of $45,500. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. For the Life of the Proiect 6) For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. 19 Xl. ATTACHMENTS A. Vicinity Map B. Applicant's Zoning Calculations C. Applicant's Master Plan Compliance Analysis D. Applicant's Mitigation of Development Impacts Letter E. Applicant's Employee Housing Mitigation Letter F. Applicant's Letter about Communication with Adjacent Properties G. Proposed Architectural Plans H. Adjacent Property Owners' Correspondence 20 Attachment: �-,,,.,-*4.,‘,,, T _, ,1., _ - 77--#P 1,tilt tt,,,i..,,,:z, -44,1',?.:,tzl,-#4 . .,80,1 s Y' ..,,y 3 i 'fin .y!'.a. ` A .'sue t n 4,k - f�'`�"'' 1 - an 1 "a Yaa r +£q' t +v fi y> u_ ,i, !r„, .4 ..,10,14ti f s 4: £ ✓ .---.4, fie` '�; o,.1,....:),,, 1;27,„..,,,,,,, r ,_ t r , ....;,,,40,..i.z.„....11.,„,INC �L ,�' , ` ,��� �F;x � '4t : 1P�x-' a°4� � �� _«z� �'�Lk- I ‘.::,„...,:,1,,,,l-4,,,',,,,,,I.,::*V.'";,,,,ittw" ‘1,P''' ';',Z:A, 4 ,,,',,,,,,,,,„,', "› 1 1 .4 '1‘1: 44: , '.:4::''0 r; 'i r r { i fir ag yi`��,� & .w<�.v.«d� CI '''" (I) `1.`"'„1,7,-4/ ''''''''.;44;N:.04:1,,,,,,,4**„..„-* t's,:,4„ * '`. .'/I', ...", ''°- - - " r,.,,; ;,,,, - . c),— - _ ,c, s 3 G1 O At t tit 4Y s r �• R,�,g ' .a 0 y «- ,_.. ..,,,,,,,,,i..„.„, —,......„-,:-..,,,:::::,,,,! C I W Q _ W Y .1 co ,.. „,,,.,,, , ,,,,„,..,,,,,,, ...,te4y, -, , , , n F - �4 ` ,- 3 C O Y I ^� " ,,er :' .. �' a• "t 4 , Attachment: B LION SQUARE LODGE-NORTH Zoning Calculations ,, 6/2/06 Required Proposed Comments !Site Area over 10,000 sf 41,513 conforms !Setbacks 10 feet 10 feet min conforms !Maximum Roof Heights 71'avg,82.5 max 71'avg,82.5 max conforms Density 133%of exist. conforms Allowable Units 36 Existing Units 27 Proposed Units 9 Total Units 36 100% GRFA 250 sf/100 sf build.site area conforms Allowable 103,782 sf Existing 24,229 sf Proposed 49,394 sf 48% Site Coverage 70%max conforms Allowable 29,059 sf Proposed 26,509 sf 91% Landscape 20%minimum conforms Minimum Required 8,302 sf Proposed 11,100sf 134% Required Parking 1.4 per new dwelling unit conforms Existing 38 New Required 13 Retail 2 Proposed 53 Provided Parking conforms Compacts 25%max,8x16 12 Full 9x19 23 Valet 50%max,8x18 14 HC 4 Total Provided 53 100% !Employee Housing Unit 1 type III/IV 1 type III/IV off site !Snow Storage snow melted surface parking conforms 'Building Eave Height at Remaining Areas 60'max.eave height conforms with intent 12'min.step back conforms with intent Wall Surface Criteria 35'maximum vertical face conforms with intent horizontal step required conforms with intent !Exterior Wall Spans 30'maximum span at street level conforms with intent !Primary Secondary Building Material Def. Primary:exceed 500 sf area conforms Secondary:500 sf area or less conforms Primary Secondary Building Colors Primary:exceed 500 sf area conforms Secondary:500 sf area or less conforms Primary Secondary Roof Definitions Primary:exceed 500 sf roof area conforms Secondary:500 sf roof area or less conforms Roof Dimensional Guidelines 30"min.eave and rake overhangs conforms 18"overhangs at secondary roofs conforms Roof Pitch Primary:6:12 to 12:12 12:12 conforms Secondary:4:12 to 12:12(or flat) conforms Prepared by: Melick Associates F-. E L I C K A S S O C I A T E S I N C Attachment: C LION SQUARE LODGE — NORTH PROJECT COMPLIANCE— Lionshead Redevelopment Master Plan 6/2/06 Submittal to Community Development for the PEC and DRB approval process CHAPTER 5— LION SQUARE LODGE Traffic Concerns— The vehicular circulation was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Site access via Lionshead Place was realigned to accommodate both surface and sub terrain access to the Arrabelle project for both lodging vehicles and delivery vehicles. A new curb cut was added along the south of Lionshead Place to serve as the new front door to the Lion Square Lodge providing gated and parking access for the facility. A curb cut has been added along the south property line of the North project to provide access to the new lower level of parking. The existing curb cut along the west property line of the North project has been maintained and shifted approximately five feet to the north to provide access to the surface parking. Service vans will use this entry point, under the west building, to service the building. A traffic impact study has been provided by Kimerly Horn to study the traffic impacts of adding nine new condominium units to the North project. They also provided the traffic impact study for the Arrabelle so they are familiar with the surroundings. Their report states that no infrastructure upgrades are required as long as no more than 13 units are added to the project. Pedestrian Connection between the Main Building and the North Building — Pedestrian access between the Main Building and the North Building was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. A cross walk has been provided across Lionshead Place between the two properties that ties into the sidewalk along the north side of the realigned Lionshead Place. The primary pedestrian entrance to the North project is the east lobby entrance in the east tower along the east side of the property. This provides a clear pedestrian connection and defined vehicular corridor between the Main Building and the North project. Ski Yard Pedestrian Access — Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arra belle project. Access to the ski yard is obtained from north and south of the East Building. The North building project does not impact ski yard pedestrian access. Potential Development and Redevelopment Scenarios— The North project is undertaking major exterior renovations with the addition of two new condominium towers to the east and west of the existing building. This additional density has been designed within the allowable requirements of the Lionshead Mixed Use 1 (LMU-1) District. 25107 GENESEE TRAIL RD ARCHITECTURE SUITE ONE HUNDRED ONE INTERIORS GOLDEN CO 80401 PLAN N I N G TEL 303 5341930 W W W.MELICK.COM FAX 3 0 3.5 3 4.1 9 3 1 CHAPTER 6—SITE DESIGN GUIDELINES Primary Pedestrian Mall — not applicable Secondary Pedestrian Mall — not applicable Primary Pedestrian Walk— Vail Resorts is providing the snowmelted sidewalk along the north edge of Lionshead Place as part of the Arrabelle project. The North project will be providing a landscape buffer between the sidewalk and the units to the north. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not interfere with the pedestrian walk or snow storage requirements at mature growth. Secondary Pedestrian Walk— not applicable Vehicular Pedestrian Retail Street— not applicable Pedestrian Path — The North project is adding a pedestrian path for access to the first floor units that will not be snowmelted. The materials will be integrally colored stamped concrete consistent with the surface finishes being used at the Main Building pool deck. The width of this secondary pedestrian walk will be five feet. Lighting long this path is provided with low pathway bollards consistent with the architectural design guidelines. A lawn will be provided to the south of the path as a transition to the bermed landscaping to the south along Lionshead Place. This zone will be defined by a low stone wall. Fences and Enclosures — Service functions for the North project are being achieved within the building footprint and therefore will not require supplemental fencing. The outdoor hot tubs will be screened and privatized with the use of terraced stone walls softened with landscaping to the south of the west tower. A new transformer will be located to the west of the west tower and will be screened and softened with the use of landscaping. Compliance with Town of Vail Streetscape Master Plan — CHAPTER 7— DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site Coverage— A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Setbacks— A minimum of a ten foot setback will be provided as required. The existing one story structure in the Prescriptive Easement along the north property line will be left in place and reclad with stucco to be in keeping with the new design. Gross Residential Floor Area (GRFA) — The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Density— The density will not exceed 133% of the existing number of units. (see calculations attached) New Unit Definition — not applicable Building Height— also see Chapter 8 The building height will not exceed 71 feet (average) and 82.5 feet (maximum). CHAPTER 8—ARCHITECTURAL GUIDELINES Architecture— The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height— The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for 'remaining building frontage'. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls — The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. A mansard roof element has also been added along the perimeter of the building, between the gable roof forms over the decks, to soften and provide detail to the new elevations. The east and west ends of the existing building are also defined with a higher roof forms and different yet compatible articulation. This articulation and vocabulary of materials and treatment are what define the east and west towers to provide for a uniform treatment of the building exterior. Materials and Colors - The base is defined either with a different darker stucco color or stone, as well as a break in plane. The middle is defined by a lighter color of stucco. The top is defined by a change in material and texture with vertical siding the same color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are white. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and TYpes— All windows have a consistency of size and proportion throughout the elevations. Operable windows will be casement. The windows will be aluminum clad, bronze. All windows will be trimmed, the color white. Balconies, Guardrails and Handrails— The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a 'romeo and juliet' balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal. The design of the railing system is patterned after the order of the building exterior elevations. Roofs — The roof forms being used include mansard roofs at the existing flat roofs, gable roofs over existing balconies, and hipped roofs with gabled roofs capping the new structures. The mansard roof form on the existing building is a practical means of tying the existing structure into the new design elements of the renovated exterior and new towers. The structural capacity of the existing building will not tolerate the addition of a full pitched roof. Adding a full pitched roof to the existing building would also greatly diminish the view corridor being maintained between the two new towers for the properties to the north. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 accept as noted otherwise on the drawings. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters and downspouts are planned to be integral to the roof forms with interior downspouts. Fireplaces and Chimneys — Stucco chimneys with open metal caps to promote air flow and screen spark arrestors are being provided for fireplace chimneys. Parking - Parking Structure Design 1. Surface Parking —22 surface parking spaces are provided with access from the ramp along the north property line. 2. Parking Decks—34 parking spaces are provided in the lower parking level with access from the ramp from the south opposite the Antlers curb cut. The decks are primarily flat except for what is required to properly drain the decks. 3. Structured Parking a. Parking Spaces - The enclosed parking spaces are 90 degrees to the drive aisle and 9' x 19', with 8' x 16' compact parking spaces not exceeding 25% of the total of the total required parking spaces. Valet parking (13) spaces are 8' x 18' and do not exceed 50% of the required parking. b. Height Clearance - The height clearance of the parking structure will be a minimum of 7' clear. c. Drive Aisles - The drive aisles are two way and 24' wide. d. Ramps - The ramps between levels are 24' wide with 12% slope. 4. Parking Needs Assessment and Vehicular Circulation Parking a. Parking Count Maintain Existing 38 New for New Condos 13 (1.4 spaces for each unit) Retail 2 (2.3 spaces per 1000 sf) Total Parking Count 53 5. Circulation a. Existing curb cut and ramp location to remain basically the same. b. New ramp into the new lower level parking structure is located opposite the curb cut to the Antlers. c. 24' wide two-way drive aisles accommodate 90 degree parking stalls. Grading - 1. Maximum Finished Grade—The maximum finished grade does not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence—The construction site will be properly surrounded by a non- removable construction fence during the construction process. 3. Erosion Control — Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P.E. Terrace landscape walls will be within the 4' — 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30%. These walls will be veneered with stone. Geologic/Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. Attachment: D VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 ^ © E - V L Telephone: (970)476-3082 1 J Fax(970)476-3423 - JUN 21 1006 June 20, 2006 TOWN OF VAIL Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Mitigation of Development Impacts Dear Mr. Gibson: Per the request of the Town of Vail Planning and Environmental Commission and per Section 12- 7H-18, Vail Town Code, the following list represents the proposed measures to be taken by our development team to mitigate the impact of the re-development of the Lion Square North Building: MITIGATION OF DEVELOPMENT IMPACTS New Retail Use 650 square feet of retail space will be added to the North-East corner of the East Tower. The current building does not have a retail or commercial use on the property. This new use will provide increased vitality to the west end of the Arrabelle Hotel. The space will be situated across from the western pedestrian tunnel of the Arrabelle, thereby extending the retail mall. Employee Housing An off site employee housing unit will be purchased and deed restricted by the developer. The unit will have a minimum of one bedroom and 700 square feet and will be located in the town of Vail. Parking / Sod Roofed Courtyard The redevelopment of the Lion Square North Building will bring the current parking situation into compliance with the Lionshead Master plan and LMU zoning. At current, the property has 29 functioning parking spaces where 38 are required. The building has been non-compliant since initial occupancy of the building in 1974. The redevelopment will provide the required 38 parking spots for the existing building in addition to the 15 new spaces required by the incremental increase in density and retail use on the property. The parking will consist of one level of under-ground iiL parking and a level of surface parking to be covered by a sod roof, to the extent allowed by the zoning standards, which will integrate with the adjacent property to the North thereby creating a landscaped courtyard between the two buildings. VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 Pedestrian Access In 2005, an access easement was granted to Vail Resorts by the Lion Square North Building HOA to allow for vehicular and pedestrian traffic across the south side of the Lion Square North Property. This easement was granted with the expectation that the redevelopment of the Lion Square North Building would be occurring in the near future and the pedestrian access across the Lion Square North property would add vitality to the area and provide greater access to the new Arrabelle Square. Landscaping In an effort to provide a pedestrian experience in keeping with the natural environment that surrounds our village, the pedestrian access through the south side of the Lion Square North property will be heavily landscaped and will have a berm to provide for separation from the Lion Square North Building and the pedestrian way. On the North side,a sod roof will be built over the first level parking deck to the extent allowed by zoning, thereby creating a landscaped plaza that integrates into the adjacent property's landscaping. Streetscape and Street Lighting The pedestrian access around the south side of the Lion Square North property will have a streetscape consistent with the streetscape built by Vail Resorts for the Arrabelle project. In addition, the sidewalks will have site lights in keeping with the Lionshead Master Plan. Traffic Impact Fee The developer will provide the Town with improvements to the adjacent roadways and streetscape equal to dollar amount defined by Town of Vail planning staff and consistent with traffic impact fees of other approved projects. Benefits provided to Vail Resort to Enable Arrabelle and Lionshead Redevelopment: Numerous easements and access agreements were provided to Vail Resorts to allow for pedestrian and vehicular circulation, construction staging, water retention and utility upgrades throughout the core of Lionshead. All were granted with the expectation and understanding that the redevelopment of Arrabelle was in and of itself a benefit to the community and that each easement and favor granted would in turn benefit the community of Lionshead as a whole. 2 of 4 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 COROLLARY BENEFITS OF LION SQUARE NORTH REDEVELOPMENT Under Utilization of Development Potential After substantial evaluation, the Lion Square North HOA and the developer chose not to maximize redevelopment to the extent possible by zoning standards in an effort to maintain as much of the current character of the neighborhood as possible. The Lionshead Master plan allows for considerable bulk and mass: the re-development plan, as proposed, amounts to a fraction of what could be built on the property under current zoning. The proposed project has less than 47% of the GRFA allowed on the site and is 73%of the average height allowed. While development options remain for the property, current design makes a redevelopment beyond the proposed scope unlikely. Great care and attention was paid to respecting the scale and character of the neighborhood, specifically with regard to adjacent property owners. The design as contemplated ensures the majority of views from the North will be maintained and preserved. Aesthetic and Functional Upgrade to the Property While the direct benefit of the proposed redevelopment will accrue to the property owners of the Lion Square North Building, the plan provides for a needed upgrade to an old and architecturally unappealing building. The Lionshead Master Plan was created with the intention of providing owners and developers with the incentive to upgrade and improve their properties such that the entire community of Lionshead and Vail as a whole would benefit. We feel the proposed design achieves that goal and will provide a substantial upgrade while creating additional economic vitality to the area. Upgraded Fire and Life Safety System: We recognize that the benefit of an improved and code compliant system will accrue to the owner and is mandated by the Town of Vail. However, it is important to note that this redevelopment is allowing that to happen in a timely manner, with a minimal impact to the surrounding areas. Simply put, the economics of the proposed plan allow for this upgrade. Given the increasing fire danger in our region and the ability of a fire to spread quickly in our Valley, each and every upgrade can be viewed as benefiting the whole. 3 of 4 VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 SUMMARY The proposed development plan represents over five years of planning and numerous iterations of development proposals investigated by the Lion Square North HOA. The plan as proposed was recently voted on by each of the individual owners of the Lion Square North Building. The project received unanimous support from owners, with 100%of the 27 owners voting in favor of the project. The current plan complies with the Lionshead Master Plan and exceeds the requirements set forth for development impact mitigation efforts. We have included a retail use that currently does not exist on the property, have covered the parking to the extent zoning currently allows, we have developed less than half of the GRFA we are allowed under current zoning and are 30%below the average height requirements. In summary, we have gone to great lengths to be mindful of adjacent property owners and have made major modifications to our design in an effort to address some of the concerns that they have raised. Most importantly, we have maintained a view corridor through the Lion Square North property. We look forward to the opportunity to present this project to the Planning and Environmental Commission. Thank you for your time and consideration. Best Regards, / David Viele Manager 4 of 4 Attachment: E VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 June 15, 2006 Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Lion Square Lodge—North:Employee Housing Dear Mr. Gibson: Per our discussions with the Town of Vail Planning Staff and with the Town of Vail Housing Department regarding the Employee Housing Requirement for the redevelopment of the Lion Square Lodge North building, we propose to provide an off-site solution to meet our employee housing requirement. Our interpretation of the employee housing regulations for the Town of Vail, specific to the Lionshead Master Plan,is as follows: EMPLOYEE GENERATION: Multi Family Requirement: .4 per unit * 9 units = 3.6 Employees Generated Modifier= 15%as the project complies with Zoning Employee Housing Requirement for Condominium Uses: 3.6 * .15 = .54 Beds Requirement:Provide One Employee Bed Retail/ Commercial Requirement: 5-8 per 1000 SF 8/1000 * 650 SF of Commercial Space = 5.2 Employees Generated Modifier = 15%as the project complies with Zoning Employee Housing Requirement for Retail Uses: 5.2 * .15 = .78 Beds Requirement:Provide One Employee Bed F Per the above calculations,we have determined that the development,as proposed, will require an employee housing unit with two beds. We propose to provide an off-site type III or IV Employee f VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 Housing Unit with one bedroom,within the to of Vail. The unit will be a minimum of 700 square feet. Please call with any questions related to this proposal. Best Regards, David Viele Manager G Attachment: F VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 June 23, 2006 JUN 2 3 2006 Bill Gibson, AICP Planner II TOWN OF VA I L Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Summary of efforts made to communicate with adjacent property owners Dear Mr. Gibson: Per your recommendation, the following list highlights the efforts that have been made by our development team and the Lion Square North Home Owners Association to communicate our plans for redevelopment with adjacent property owners. EFFORTS AT COMMUNICATION WITH ADJACENT PROPERY OWNERS • Prior to the involvement of the current development team, numerous meetings were held between the Lion Square North HOA and owners of adjacent property. • Upon the engagement of the current development team, an initial meeting between representatives of the Lions Square North HOA, the development team and adjacent property owners was held. • Upon completion of the initial design submitted to the Town of Vail Planning Staff for review, the development team placed a call to the president of the adjacent property's HOA whereby the project was explained in detail and an offer of further communications was made. • Following the initial review of the project by the PEC, members of the development team and the Lion Square Lodge initiated a conference call with a designated committee representing adjacent property owners. The design was discussed in detail. • Immediately after a revision to the plans was completed (6/2/06) and forwarded to the Town of Vail Planning Staff, said revision was sent to representatives of the adjacent property owners. Said revision reflected a number of changes to the building suggested by the adjacent property owners. VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 • At the time of distribution of the plans to the adjacent property owners, the development team expressed an interest in discussing the plans with the adjacent property owners. • A conference call was conducted on 6/22/06 with representatives from the development team, the Lion Square HOA and adjacent property owners. The revisions to the plans were discussed and explained. REVISIONS TO THE DESIGN RELATED TO COMMUNICATIONS WITH ADJACENT PROPERTY OWNERS Numerous design concepts were considered by this development team and others prior to the decision to move forward with the current design concept. It should be noted that one of the primary reasons the current model was selected was the limited impact the project had on the adjacent property owners, as represented by the substantial amount of density and height that will be undeveloped. The following design modifications have been a result of communications with adjacent property owners: • The entrance to the first level of parking has been moved to under the West tower. This change allows for a landscaped separation between the proposed North tower and the adjacent property, which sits within 4 feet of the property line. • The Lion Square North Building currently extends onto an adjacent property through an easement. The portion of the building that currently extends onto the easement as well as the portion of the building that is currently in the setback will remain in place with no modification to the structure of the building other than material application to its exterior. • A sod and landscaped deck/terrace has been designed that will cover the parking on the ground level adjacent to the property line to the extent possible by current zoning. • The West tower was initially designed 10 feet off the setback, or 20 feet from the property line as a consequence of the adjacent property's close proximity (within 4 feet) to the property line. • The mechanical units on the roof of the building have been covered by a mansard roof. 2 of 3 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax (970)476-3423 SUMMARY The design as proposed represents a fraction of what the current zoning allows and complies with zoning at every level. The HOA of the Lion Square North and the development team have been mindful of the impact this project will have on adjacent property owners from the beginning of the design process and have taken great efforts to preserve as much of the current character of the neighborhood as the economics of this project allow. In addition, the development team and the Lion Square North have been proactive in initiating a discourse with adjacent property owners and have made numerous design changes in an effort to limit the impact of the development on adjacent property owners. We look forward to the opportunity to present this project to the Planning and Environmental Commission. Thank you for your time and consideration. Best Regards, (.2 (./ David Viele Manager 3 of 3 Attachment: G , , • ),= - r:,-;,.. 1 . 2 \‘) k\v -,/ ,' .' ."•A. 1 ,/ k , I'T -, ,.s g.,' •\''?".?' 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Y�' <m z �'' $'i 44's 0 til is '▪�^ �-' � A, "`$ p.3. i E' t .*r,r ,44,-,-L.., �,1. _mgr +y`�itt' {;Fit'"7". ,'- , `'�, `,,.t'a'r r u# fi �� 'err � � ~ .: "� `"Te"'F" - V �- � "� '�ee�a..xa�y`W }gt€�i k 2 �o ° ice -.""'-4"1:417.t d ue '`44 i j -u 771. t li I# s 0--',‘ia� -- ' t O sp aL' 4f A / `,,a-T,' Sj 119:4.�"'it '. i-3• E 7 i S) tr ,P! Mr t_ ...rte r,.k r .. '� „.„ ,a ,v . ,a, r� I r ' - 4 }see' s s na1 f a>.v'1` Z - O .: y -' '' ^srf..3n �` Z . - & crR . vet aacG � _h:.1 Andrew D. Hudders 718 Broadway— 3B New York, New York 10003 and Unit 311 641 West Lionshead Circle Vail, Colorado 81657 June 19, 2006 Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge —North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning 100041066/31 156198.1 Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. • C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code 100041066/3) 156198.1 which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers (00041066/3) 156198.1 detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, • Unit Owner/Tax Payer 100041066/3) 156198.1 RUDY BOSCH ITZ • x�rt�d $tat1S extat.e (1978 - 1991) June 21, 2006 Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge —North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade. ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. 5401 EAST RIVER ROAD • MINNEAPOLIS, MN 55421 • (763) 571-2636 • FAx (763) 571-3411 {00041066/3} E-MAIL: RBOSCHWITZ@AOL.COM B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement {00041066/3} which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. {00041066/3} Similarly, Montaneros will not approve, or grant easements for, e avation shoring which must occur on Montaneros property to support the current proposed N rede elopment. For each of the foregoing reasons, we request that the LSN ;pplication be enied. Thank you. Very ly stirs; d '1/4f sC(4( wrl R a Bosch its Orig nal Unit Owner(since buildini was constructed) U.S Senator(R, MN 1978-91) U.S #Ambassador to the UN Commission on Hunt Rights {00041066/3} 303 442 0191 Johnson& Repucci LLP 09:07:53 a.m. 06-23-2006 10/61 Telephone 717-643770 Email Malweiss59(tyahoo.com Malcolm D. Weiss DO. Board Certified in Family Practice 1189 Detwiler Drive York, Pennsylvania 17402 June 19, 2006 From: Property owner unit 210 Montaneros Condominium Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with othcr letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge—North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the 1 existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will (00041066/3} 303 442 01 91 Johnson& Repuccl LLP 09:08:16 a.m. 06-23-2006 11 /61 be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade. rathcr than the sunshine. Because much of the arca will he always in the shade, ice will not melt causir potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth,create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:la of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. (00041066/3) 303 442 0191 Johnson& Repuccl LLP 09:08:40 a.m. 06-23-2006 12/61 C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance,the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmcl, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements (00041066/3) 303 442 0191 Johnson& Repucci LLP 09:09:04 a.m. 06-23-2006 13/61 from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant casements for, excavation shoring which must occur on Montaneros properly to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, Malcolm D. &Deborah A. Weiss Unit Owner/Tax Payer • {00041066/3) • • June 19, 2006 Town of Vail Planning &Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge — North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an {00041066/3} expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:la of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros {00041066/3) was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. {00041066/31 Very truly yours, 11% , Unit Owner/Tax Payer ?j (00041066/3) Very truly yours, ilm1/41 toi 4/3%/ Unit Owner/Tax Payer Ot /ve J U {00041066/3} Ve ly yours, ,,,,044/4444 e 301— 77 nit Owner/Tax Payer {00041066/3} D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, Unit Owner/Tax Payer {00041066/3} must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, v/AvJ K� �/ Unit Owner/Tax Payer Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, Att Afj,e_.--- re , / Diana L. Huckle Unit Owner/Tax Payer #306 {00041066/3) must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, ,4ii_te99v zji,e„ Unit O er/Tax Payer 116-a ZZ C 303 442 0191 Johnson& Repucci LLP 09:22:49 a.m. 06-23-2006 61 /61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, Maxine Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 414 Montaneros—Petition to PEC.DOC Page 4 of 4 303 442 0191 Johnson&Repucci LLP 09:21:39 a.m. 06-23-2006 57/61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you Very truly yours, Chick Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 316 Montaneros—Petition to PEC.DOC Page 4 of 4 303 442 0191 Johnson& Repuccl LLP 09:25:52 a.m. 06-23-2006 4/4 FROM : LARRY AND LYN HICKS FAX NO. : 3039866298 Jun. 23 2006 10:07AM P3 D. PARKING AND IN GRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback, In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building,ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance,the purpose of off street packing is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking(see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but fiirther,it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Tom Kasamcl, Town Engineer, in his May 16, 2006 memorandum,Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction_ In his June 2, 2006 correspondence' to bill Gibson, Town Planner, Mr., Viele. acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed IAN redevelopment, and Montanaros is not willing to grant such easements for the current plan,which it considers detrimental to the Montaneros property, the Montaaeros owners and the Town and its residents and guests as a whole, Similarly.Montaneros will not approve, or grant easements for,excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. , Thank you. Very truly yours, ,, /_laser, Unit Owner/Tax Payer (' t ..1-) (09041066/S} • 303 442 0191 Johnson& Repuccl LLP 09:06:52 a.m. 06-23-2006 5/61 Peter V. Browning Managing Partner Vail Partners LLC Owners of Montaneros Units 418 and 420 And Tax Payer • (00041066/3} 303 442 0191 Johnson& Repucci LLP 09:11:04 a . 06-23-2006 20/61 JUN-21-2906 12 :93 AM P_ 04 a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. . Finally,the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D.PARKING AND 1:1\1G1.ESS/a With regard to parking and access to the parking lot, we strongly object to the location of pail: .Ag spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between, its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance, It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further,it is not a realistic and viable way to park cars. E.1 ECESSAjt34 EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montancros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montancros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. �y y Unit O ayer Atiseicrp R1Moc(4 Vr4 'Lot • (00041066/3) (,4A1•4 PfteeRT l'e5 parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, acqueline E. Irwin Revocable Trust Jacqueline E. Irwin, Trustee Unit 421 {00041066/3) 303 442 0191 Johnson& Repucci LLP 09:17:56 a.m. 06-23-2006 44/61 v: .v i rna 0144000t go NOV WI 005 must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, GO Ji'2i Unit OvvnerfTax Payer D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Ve truly yours, .ci / A 7/L G— Unit Owner/Tax Payer {00041066/3} Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. 1 t nt, , , V trl. yo s 4'� Alfa-��o , oc tin Montaneros, Unit 212 Unit Owner/Tax Payer {00041066/3} Very truly yours, ?a.s�K� ` Unit Owner/Tax Payer 7,t• -, S UT -/V {00041066/3} Very truly yours, Unit Owner/Tax Payer (00041066/3) Attachment: H 303 442 0191 Johnson&Repuccl LLP 09:28:01 a.m. 06-23-2006 2/4 JOHNSON ? REPUCCI LLP ATTORNEYS AND COLNS1:1.ORS AT LAW 2521 13RC)AI)WAY,Si JIM A 1301 II,UliN,COLORADO 80304 TI=r,Iil uoNI 303-442-1400 Alexander A. Yruiser TIi1.1i14AX 303-4=12-0141 130I1.I)liR aapreiser®i!j-rlaw.com www.j-rlaw.com WINTER PART( June 23, 2006 VIA ELECTRONIC MAIL Bill Gibson Planner 11 Town of Vail 75 South Frontage Road Vail, Colorado 81657 • Re: Lion Square Lodge - North Building, June 2, 2006 Revised Drawings (PEC06-0019) Dear Bill: As you are aware, this firm represents Montaneros Condominium Association, Inc. (the "Association"). This letter follows up on our April 21, 2006 correspondence to you outlining the Association's objections to the proposed Lion Square Lodge— North Building redevelopment (the "Lion Square Redevelopment Proposal") and supplements the objections of the individual owners of units in Montaneros Condominiums. We are in receipt of the referenced revised drawings, and, for the reasons more particularly described in this letter, the Association continues to oppose the Lion Square Redevelopment Proposal, 1. The Lion Square Redevelopment Proposal continues to fail to achieve the objectives of the Lionshead Redevelopment Master Plan (the "Master Plan") and the LMU-1 Zone District. As noted in our prior correspondence, the Master Plan promotes the enhancement and strengthening of the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. This concept is repeatedly emphasized throughout the Master Plan. Similarly, the Town's Zoning Regulations recognize the importance of ensuring adequate light, air, open space and other amenities within the LMU-1 Zone District. Nevertheless, the Lion Square Redevelopment Proposal continues to ignore these fundamental design objectives. The revisions to the Lion Square Redevelopment Proposal include no changes to address the concerns previously raised by the Association related to elimination of both view corridors and sun access. This is readily apparent from a review of the sun shade analyses included in the referenced June 2, 2006 submittal. 2. The Lion Square Redevelopment Proposal continues to violate the Town of Vail Zoning Regulations. (a) East 'lower. Presumably in response to Association's objection to the improper use of the easement conveyed by the Association to Lion Square North Condominium Association some 30 years ago, as more particularly described in prior communications to the 100041234 1: 303 442 0191 Johnson& Repuccl LLP 09:28:18 a.m. 06-23-2006 3/4 Bill Gibson June 23, 2006 Page 2 Town, the plans for the new cast tower of the Lion Square Redevelopment Proposal have been revised so that the existing one-story building located on the boundary of the Montaneros and Lion Square properties will, according to the developer, remain in place and the tower will be erected thereon. Nevertheless, engineering of the proposed east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing building to support the proposed east tower. Any reconstruction of the existing building violates the Zoning Regulations applicable to nonconforming structures and impermissibly expands the use of the casement granted by the Association and, thus, should be denied by the PEC. (b) Parking Structure. in response to the Town's concerns regarding the parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in the revised plans to include a covered parking structure. However, the roof of the proposed parking structure encroaches into the required ten foot setback area. We understand from Mr. Viele that this overhang will be removed, but the Association continues to object to the current plans provided. In addition, we understand that there will be a retaining wall which is either part of, or immediately adjacent to, the parking structure, as well as a fence atop thereof, located approximately 18 to 24 inches from the property line within the 10 foot setback area. Moreover, we note that the proposed parking plan, including the valet parking system, appears impractical, unworkable and not in compliance Town's Development Standards. We urge you and the PEC to carefully review this proposal. (c) Variances. The revised plans for the east tower and parking structure of the Lion Square Redevelopment Proposal arc clearly impermissible under applicable zoning regulations, and, as more particularly detailed in our April 21, 2006 correspondence, there are no grounds to support the issuance of variances to permit these structures. 3. The Lion Square Redevelopment Proposal continues to violate the private property rights of neighboring property owners. (a) Easements. Despite Mr. Vicle's statements to the contrary, based upon our review of the Lion Square Redevelopment Proposal, we believe that both temporary and permanent easements over Montaneros property will be required for such redevelopment. We see no way that the proposed structures can be erected without crossing onto Montaneros property and thus requiring easements. More importantly, the Association has serious concerns about Mr. Viele's claims that no excavation shoring will be required offsitc, and, thus, no easements are required for this purpose. The wall of the Lion Square parking structure is proposed to be located within a few feet of the Montancro's building, seemingly requiring at a minimum temporary, and possibly permanent, easements for excavation shoring to protect the Montaneros building. Please be advised that the Association will not approve any work on its property, or grant easements to Lion Square for any purpose, in connection with the currently existing Lion Square Redevelopment Proposal. 303 442 0191 Johnson& Repuccl LLP 09:28:39 a.m. 06-23-2006 4/4 Bill Gibson June 23, 2006 Page 3 (b) Protective Covenants of Vail/Lionshead, Third Filing (the "Covenants"). We continue to urge the Town, as a party with enforcement rights under Section 19.1 of the Covenants, to take into consideration the criteria for approval of development plans dictated by the Covenants, which criteria include "the effect of any proposed improvement on the outlook of any adjacent or neighboring property." On behalf of the Association, we thank you for your continued time and assistance with this matter. Very truly y► I/ Alexat der . Preiser cc: Matt Mire Rick Travers Montaneros Condominium Association Town of Vail Planning and Environmental Commission • Dr. and Mrs. Michael Clayman 1440 Church Street,N.W. Apartment 504 Washington, DC 20005 phone 202-265-5556 fax 202-265-4749 Montaneros #214, Vail, CO email elaine(a)cosmeticdds.com May 4, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members: We are writing to express our opposition to the proposed expansion by Lions Square North. We purchased a condominium in Montaneros a year and a half ago. We are a couple nearing retirement, and we plan to spend our summers, and a portion of the winter in Vail. Beautiful views and bright sunshine are what attracted us to Montaneros. We sit on our balcony, looking out on the mountains, greeted by a sweeping vista of ski runs and blue skies. Our condo is on the 2"d floor. If Lions Square North proceeds as planned, our views, warmth and sunshine will be. gone. Every homeowner in Montaneros recently paid an assessment to upgrade our building's exterior. We hope that Lions Square North will do an exterior upgrade as well. However, it should not do so at the expense of its neighbors. Any changes to Lions Square North that increase the height of the building will adversely affect Montaneros. Certainly, the addition of the towers will change everything. The Montaneros pool area will become a shaded and much less desirable place to relax and enjoy. The quality of our desired experience will be permanently downgraded. We have just completed interior renovations to our condo unit in anticipation of spending more time in our Vail home. Our expenditures—the initial investment, and the cost of upgrading our condo—were based on the assumption that our property would hold its value. It is most disconcerting to contemplate the negative impact of the Lions Square North new construction on our property's value. The Lionshead Redevelopment Master Plan (the LRMP) expresses concern with such issues, In Section 4 of the LRMP, Recommendations–Overall Study Area", the Town determined: "as development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain. These visual relationships strengthen the identity of Lionshead as an alpine resort... Visual connections to the natural environment should be established utilizing the following techniques: 4.3.1.1 View Corridors. Creating and establishing view corridors is an effective way to link the urban core of Lionshead to the natural environment of Gore Creek and the mountain. The master plan is recommending the creation of several dedicated public view corridors. In addition, all private development and redevelopment should endeavor to create visual connections from and through their properties." (Emphasis added) The LRMP recognizes in Section 4.3.1.2 the east-west orientation of buildings in Lionshead and proposes a solution to their impeding views of Vail's natural environment. It states: The predominant east-west orientation of buildings in Lionshead acts a visual and physical barrier, interrupting the connection to the natural environment. It should be the priority in future development to orient vertical building masses along a north-south axis whenever possible. This will help accomplish the following objectives: a. Sun Access, b. View from New Buildings, e. Views from Existing Buildings, d. Creation of Streets. (Emphasis added) It seems clear that the proposed changes to Lions Square North do not meet these objectives. Quality of life is why we have chosen Vail. Everything in life is not about maximizing monetary profit. Lions Square North can accomplish building upgrades without doubling in height and irreversibly impacting Montaneros. We are asking for your assistance in preserving that special quality of life for the Montaneros homeowners. Sincerely yours, to • Elaine Clayman Michael Clayman May 11, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 RE: Lion Square North Remodel Dear Sir or Madam: We have reviewed Lion Square North's Preliminary plans for remodel and we for the foregoing reasons most vehemently protest the approval of such plans. We are the owners of unit 208 Montaneros, which is on the lower level just above the parking garage. The unit is located on the eastern section of the complex. The Arrabelle project has blocked all views to the east. If the Lions Square North project is approved it will block our southern or mountain view. The combination of both plans will significantly diminish the value of our investment. In addition to the above we are concerned for the encroachment of the property and the shading of the common area which includes the pool, hot tub and landscaping. Thank you for your consideration. in , r Mark D. O'Dell 1310 Highway 33 Keamey, MO 64060 Tele 816-628-6668 cc: Alexander A. Preiser Johnson and Repucci LLP 2521 Broadway, Suite A Bolder, CO 80304 303 442 0191 Johnson& Repuccl LLP 09:12:03 a.m. 06-23-2006 24/61 ovo r74atoo LlUNJ LJULL . MAH I J I4j 003/003 Sou James L. Johnson Business Phone& Address (608)754-1159• FAX (608) 754-3288 May 19,2006 Planning and Economic Development Commission Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Commission Members, As owners of Montaneros Unit#308 neighboring the proposed Lion's Square Lodge North Major Exterior Alteration as presented by Viola Development, we want to go on record as STRONGLY OPPOSED to this project as presented•It would have a major negative impact upon our property. Our objection to the plans as presented are based on at least the following major issues: 1. Property line setback and encroachment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property—especially our pool, hot tub, and sun deck area. 4. Major negative impact during construction. 5. These plans are not any way near satisfying the Lionshead Redevelopment Master Plan. If this proposal were to be approved,the negative impact for us would not only impede the personal enjoyment of our property at Montaneros,but would severely hurt rental revenue for us as well. How does Viola expect to build such a monstrosity to and over our pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials on our pool and deck! As you know,we just completed last year a major redevelopment and exterior renovation of our Montaneros property. Our plans and completed project had no negative impact on our neighbors! Only positive aesthetic improvements to our Lionshead neighborhood were accomplished,which benefits everybody. Sincerely yours, q`-,1 .Johnson 1307 WOODMAN RD. • P.O. BOX 3100 •JANESVILLE,WI 53547-3100 Scott Wilmoski 10655 West 192nd Place - Spring Hill, Kansas 66083 May 11, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Re: Proposed Expansion/Remodel Lionsquare North Commissioners: I have been the owner of Montaneros#217 since 1990 and have enjoyed all of the attributes the town of Vail and, specifically, Lionshead, affords me when I stay in my condo. I also find the unique size and setting of Montaneros to be very appealing. It has come to my attention that Lionsquare North is considering a significant expansion and remodel. I have thoroughly reviewed the proposed drawings that have been submitted for consideration. While I applaud this building's efforts to update their facility more in line with the Vail theme, I find the proposed expansion to absolutely disregard the impact on the entire Montaneros complex. This expansion would virtually eliminate my view of the Vail Mountain. It would shade our pool area and landscaping that we have spent an exorbitant amount of money, time and planning to create an eye appealing and useful green space. This complex is expanding vertically, as well as horizontally, and creates very little useful green space like most other developments in the Lionhead area. It takes on an appeal more like you would find in Manhattan, New York, than in an Alpine Village. I am appealing to your long-range planning as you review the Lionshead area to reject this expansion proposal as submitted due primarily to its material impact on an existing revitalized and remodeled structure (Montaneros), as well as the lack of accompanying green space for a development of this size. Should any of you need to discuss this issue in greater detail with me, I will make myself available. I can be reached at 913/592-2767 or swilmo @aol.com. Sincerely, ttcott Wilmoski cc : Mr. Alexander A. Preiser Johnson & Repucci, LLP 2521 Broadway, Suite A Boulder, Colorado 80304 711 a:74 im p P eftz R.eside►n.ce 5209 au.l,elJ River Drive Stove Mo tv-taivt, crA 30087 770-491-7-388 Fax: 77o:932-015j -vuaIL: va1,1,41, s.4 @covu.cast.K,et Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members; I am writing this letter as an owner of a condo in the Montaneros for the past 13 years. My concern centers around the massive expansion plans now being considered at the Lion Square North building. As you are fully aware, the Lion Square North building is directly south of our building and if the current plans are made a reality, our pool and plantings will be in the shade in the prime summer months. I realize that our view corridor is not protected, but a major draw to renters and owners in our building is the view of the mountain we currently enjoy. The expansion of Lion Square will totally obliterate these and, as a result, the value of our property. At issue is also an encroachment onto our property and proposed exposed parking spots. All of our owners are in total agreement with the idea of improving the appearance of Lionshead and, to this end, as owners in Montaneros, took on a major assessment to improve our building's exterior and install a sprinkler system. The owners of Lion Square North could have followed our lead, paid an assessment and improved the exterior appearance of their building. Instead, they have opted to turn over their building to a contractor and ignore their neighbors to the north. rThis disregar for neighbors would never happen in Aspen. Please, do not let it happen in IVail. M r st;s'ncere, our , I .• r' an Gel Unit 211 Montaneros Cc: Mr. Bill Gibson and Alexander A. Preiser 05/19/2006 13:46 FAX 6087543288 LIONS QUICK MARTS a002/002 LILT James L. Johnson Business Phone & Address (608) 754-1159 • FAX(608) 754-3288 May 19, 2006 Planning and Economic Development Commission Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Commission Members, As owners of Montaneros Unit#308 neighboring the proposed Lion's Square Lodge North Major Exterior Alteration as presented by Viele Development, we want to go on record as STRONGLY OPPOSED to this project as presented,-It would have a major negative impact upon our property. Our objection to the plans as presented are based on at least the following major issues: 1. Property line setback and encroachment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property—especially our pool, hot tub, and sun deck area. 4. Major negative impact during construction. 5. These plans are not any way near satisfying the Lionshead Redevelopment Master Plan. If this proposal were to be approved, the negative impact for us would not only impede the personal enjoyment of our property at Montaneros, but would severely hurt rental revenue for us as well. How does Viele expect to build such a monstrosity to and over our pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials on our pool and deck! As you know, we just completed last year a major redevelopment and exterior renovation of our Montaneros property. Our plans and completed project had no negative impact on our neighbors! Only positive aesthetic improvements to our Lionshead neighborhood were accomplished, which benefits everybody, Sincerely yours, ``�1 Jim an Ann Johnson 1307 WOODMAN RD. • P.O. BOX 3100 •JANESVILLE, WI 53547-3100 Leslie Tillman - Fwd: Lions Square North Page 1 From: Bill Gibson To: Leslie Tillman Date: 06/23/2006 12:59:56 PM Subject: Fwd: Lions Square North >>> "Hudders, Andrew.' <AHudders(a�graubard.com>06/20/2006 9:16:20 AM >>> Dear Mr. Gibson: Attached is a copy of my petition opposing the redevelopment of Lions Square North. In addition to the statements of the formal petition, I just want to let you know that I purchased my unit a couple of years ago, before all the redevelopment plans started to become public. Since then, I have become increasingly upset by the amount of building and the sizes of the buildings proposed and being built in the Lionshead area. I live in New York City, and I have the impression that the Lionsquare area is becoming a much more urban development in a very short timeframe than the village in which I originally bought. Overall, my impression and belief is that the quality of life and holiday experience is decreasing. I find that I am taking my vacations elsewhere rather than going to Vail as a result of all the changes around my unit. When I go to the trouble of flying to go skiing or biking I want to get away from the big city environment that is some much a part of my life in New York. Yes, Vail - Lionshead is not the concrete jungle of New York City, but it is no longer the mountain village of several years ago. I am not against the overall intent of improvement of the Lionshead area. But the Lions Square Lodge development is purely for pecuniary gain of that complex and the builders and related industries. The expansion, to my mind is not contributing to the betterment of the services of the area. Rather, it is merely a further impingement on the environment and my complex at the cost of both. It will mean more cars, more noise, more pollution in the immediate area, less light, impaired views if any are left and greater urbanization of the village. There is an overall acceptance and encouragement of urban sprawl that is occurring in Vail. I cannot see that there is a need for more residential or rental units in the immediate area of the gondola at the cost of the aforementioned factors. I urge that general development be encouraged down valley or on the north side of 1-70 and improvement to the public transportation of the town and county that would make those areas more accessible to the central village and the ski resources such that residents and visitors living and staying in those other areas would not believe or feel themselves isolated. I urge you and the planning commissions of the town of Vail to reconsider the proposal of Lions Square Lodge and deny them. Andrew Hudders Andrew D. Hudders Graubard Miller The Chrysler Building 405 Lexington Avenue New York, NY 10174-1901 Phone: 212-818-8614 Fax: 212-818-8881 Visit our web site at www.graubard.com The information contained in this e-mail message is privileged and confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or is the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: August 1, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3,Appeals,Vail Town Code,of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Appellant: Vail Town Council and Montaneros Condominium Association, Inc. Planner: Bill Gibson SUBJECT PROPERTY The subject property is located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3. II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals,Vail Town Code,the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. As an adjacent property owner,the Montaneros Condominium Assocation, Inc. has standing to file an appeal of the Planning and Environmental Commission's action. Ill. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications,Vail Town Code,to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-05, Vail Town Code,the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i.e. Title 12, Zoning Regulations, Vail Town Code)have or have not been met." 1 IV. BACKGROUND For a description of the Lion Square Lodge North major exterior alteration request, please refer to the attached June 26, 2006, Staff memorandum to the Planning and Environmental Commission (Attachment D). On June 26,2006,the Planning and Environmental Commission approved,with conditions, the major exterior alteration request for the addition to, and renovation of, the Lion Square Lodge North by a vote of 5-1-0 (Cleveland opposed). When making his dissenting vote, Commissioner Cleveland noted that the proposal was in compliance with the provisions of the Lionshead Mixed Use 1 District; however, in his opinion the required one employee housing bed should be provided on-site rather than at an off-site location. An excerpt from the meeting action minutes of the Commission's June 26,2006, hearing have been attached for reference (Attachment C). On July 5, 2006,the Town of Vail Design Review Board approved the design review request associated with this Lion Square Lodge North major exterior alteration request by a vote of 4-0-0. On July 11, 2006, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's June 26, 2006, approval, with conditions, of the Lion Square Lodge North request by a vote of 4-2-1 (Newbury and Moffet opposed, Hitt abstained). An excerpt from the Council's July 11, 2006, hearing highlights have been attached for reference (Attachment A). On July 14, 2006, the Montaneros Condominium Association, Inc. submitted an appeal of the Planning and Environmental Commission's June 26, 2006, approval,with conditions, of the Lion Square Lodge North request. The Montaneros Condominium Association's July 14, 2006, appeal and a subsequent July 26, 2006, letter have been attached for reference (Attachment B). V. DISCUSSION ISSUES The following relates to recent Town Council policy discussions concerning development and redevelopment projects in the Lionshead area: Policy Objective of 2.3.3, Stronger Economic Base through Increased Live Beds, Lionshead Redevelopment Master Plan has been a topic of much recent discussion by the Town Council. The Lion Square Lodge North redevelopment proposal involves the construction of new dwelling units and a new retail space; however, the proposal does not include the construction of any new accommodation or fractional fee units. While this proposal was submitted for review prior to the Town Council's adoption of a temporary development moratorium and the Lionshead Mixed Use 1 District does not require the construction of accommodation or fraction fee units, the applicant must still demonstrate compliance with Policy Objective 2.3.3. The Planning and Environmental Commission considered this topic as part of its review of this major exterior alteration request. The existing Lion Square Lodge North dwelling units (no accommodation units or fraction fee units exist) currently are often short-term rented and function as "warm beds". The Commission determined that this proposed major exterior alteration would not change the "warm bed" function of the Lion Square Lodge North. 2 The following is a brief summary of the concerns raised as part of the Montaneros Condominium Association's appeals: • Montaneros right to a full and fair hearing. Staff response: While not required by any provision of the Town Code, the Town Staff strongly encourages all development proposal applicant(s) to be "neighborly" and communicate privately and directly with the property owners in their neighborhood. On numerous occasions, Staff encouraged both and applicant and the individual owners of the Montaneros to communicate directly and attempt to address each other's concerns related to the Lion Square Lodge North proposal. Since these discussions are not a formal part of the development review process and outside the formal public hearing setting, Staff is typically not privy to the substance or results of these private discussions. While the Staff consistently forwarded the most current proposed architectural plans to the Montaneros Condominium Association's representative;the Montaneros contends the applicant may not have presented the most current information in their private discussions. The final architectural plans reviewed by the Planning and Environmental Commission at its June 26, 2006, hearing were included in the Staff memorandum and made part of the public record, with no revision submitted at hearing. • The East tower of the Lion Square Lodge North Building, as approved by the PEC, is an impermissible expansion of a nonconforming structure. Staff response: The applicant's initial design did include the construction of the east tower at the north property line. In this initial design,the applicant contended that the Lion Square Lodge North's easement area, located on the Montaneros lot,served as the practical property boundary and addressed the 10 ft.setback requirements of the Lionshead Mixed Use 1 District. The applicant then revised the design of the proposed east tower by shifting this building element south into compliance with the 10 ft. setback requirement from the actual north property boundary, not the easement area. The applicant also proposed to only maintain and upgrade the exterior finishes of the existing structure located within the easement area. This was the design proposal reviewed and approved by the Planning and Environmental Commission at its June 26, 2006. No setback variances were required for the Lion Square Lodge North proposal. Please note that the Town of Vail is not party to, nor responsible for enforcing, any provision of a private easement agreements between the Montaneros Condominium Association and the Lion Square Lodge North. • The parking structure of the Lion Square Lodge North Building, as approved by the PEC, violates the setback requirements of Section 12-7H-10 of the Code. Staff response: Pursuant to Title 14, Development Standards Handbook, roof overhangs and retaining walls are both permitted to be constructed within the 10 ft. setback area. No setback variances were required for the Lion Square Lodge North proposal. 3 • The location of the west tower of the Lion Square Lodge North Building,as approved by the PEC, violates the spirit of the setback requirements of Section 12-71-1-10 of the Code. Staff response: The Lion Square Lodge North proposal complies with the setback requirements of the Vail Town Code and no setback variances were required. The existing Montaneros building is legally non-conforming in regard to its required setback from the property boundary with the Lion Square Lodge North. According to the submitted topographic survey,the southwest portion of the existing Montaneros building is located only 0.8 ft. (e.g. 91/2 inches) from its southern property boundary and the existing Montaneros pool deck is located within 6 feet of the southern property boundary (e.g. 3 ft. from the Lion Square Lodge North's easement area). • The approved Lion Square Lodge redevelopment is contrary to the various provisions of the Lionshead Redevelopment Master Plan... While the Vail Town Code and the Lionshead Redevelopment Master Plan both address the preservation of critical "public"view corridors that have been surveyed and adopted in the Town Code; neither explicitly protects any "private" views, whether perceived or addressed in a formal private agreement between property owners. • The approved Lion Square redevelopment fails to mitigate development impacts as required by Section 12-7H-18 of the Code. Staff response: The applicant has proposed adequate enclosed parking to comply with the provisions of the Lionshead Mixed Use 1 District and revised its initial designs to now cover the majority of the proposed upper parking lot with a sod roof. Structural engineering drawings for proposed development projects are not required by the Town of Vail as part of a design review or major exterior alteration application. Structural engineering plans are required as part of a building permit application. The Planning and Environmental Commission found that the mitigation efforts proposed by the applicant addressing employee housing, parking, traffic, landscaping/streetscaping, new retail spaces, and coordination with the Arrabelle project adequately addressed this requirement of the Town Code. • The approved parking plan is not workable and violates the Town's Development Standards. Staff response: The proposed parking plan was reviewed and approved by the Town of Vail Public Works Department. • Applicant will need to obtain easements from appellant for construction. Staff response: The Staff has communicated the appellant's concerns about construction access and the possible need for access easements to the applicant. The applicant has verbally indicated to Staff that they are aware of these issues and will use construction methods which do not require access to Montaneros property. A construction staging plan will be required as part of the applicant's building permit application. 4 Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners. • The Lion Square Lodge North Building redevelopment, as approved, violates the Protective Covenants of the Vail/Lionshead, Third Filing (the "covenants'). Staff response: Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners including covenants. • As noted by a member of the PEC, applicant's proposal for employee housing may not satisfy Title 12, Chapter 13 of the Code. Staff response: Staff shares Commissioner Cleveland's concerns about employee housing associated with Lionshead development/redevelopment projects being located off-site. Staff believes it is not only important that housing opportunities for locals exist within walking distance of their place of employment,but that housing for locals within the commercial cores adds a sense of liveliness and vitality that is critical to these areas. The Vail Local Housing Authority and the Vail Town Council have not yet adopted a formal policy prescribing the location of required employee housing units for development/redevelopment projects in the Lionshead Mixed Use 1 District. When the Antlers was redeveloped in the early 2000's, employee housing was constructed on site. However, the more recent Gore Creek Townhomes, Arrabelle, and Ritz Carlton development projects were each approved to address their employee housing requirements off-site. The recent Marriott and Montaneros redevelopment projects did not generate additional employee housing needs. The Town of Vail Housing Coordinator reviewed and approved the Lion Square Lodge North's proposal to address its employee housing requirement off-site, as it was consistent with the recent employee housing proposals approved for the Crossroad redevelopment project (i.e. Solaris) and the Cascade Townhouses (i.e. the "Ruins"). VI. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3, Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation:An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely 5 affected person"means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. VII. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications,Vail Town Code,to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it.These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12,Zoning Regulations,Vail Town Code, have or have not been met. Should the Town Council choose to uphold the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." 6 However, should the Town Council choose to overturn the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications,Vail Town Code,to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto;the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has not proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." VIII. ATTACHMENTS A. Town Council Highlights July 11, 2006 (excerpt) B. Montaneros Condominiums Association, Inc. Appeal C. Planning and Environmental Commission April 10, 2006 agenda results (excerpt) D. Planning and Environmental Commission April 10, 2006 memorandum E. 3D Model Images F. Public Notice 7 Attachment: A MEDIA ADVISORY July 11, 2006 Contact: Corey Swisher, 479-2106 Town Manager's Office VAIL TOWN COUNCIL HIGHLIGHTS FOR JULY 11 Work Session Briefs Council members present: Foley, Gordon, Fitt, Newbury, Moffet, Slifer, Logan --Planning and Environmental Commission(PEC)/Design Review Board (DRB) Update During a review of the most recent meetings of the PEC and DRB, Chief Planner George Ruther answered questions regarding the latest proposals to go before the two boards. Gordon moved to call up an item from the June 26 PEC meeting involving exterior renovation of the Lion Square Lodge North, located at 660 West LionsHead Place, with Foley seconding. The motion passed 4-2 with one abstention; Newbury and Moffet opposed. Hitt abstained as he was not in attendance during discussion of the item. For more information, contact George Ruther at 479-2145. --Black Gore Creek Update Representing the Eagle River Watershed Council, Caroline Bradford and U.S. Forest Service representative Cal Wettstein explained the monitoring efforts associated with the impact of traction sand upon Black Gore Creek. Wettstein said Gore Creek has experienced a decrease in insects normally associated with pristine streams. "All metrics show that the aquatic community in Gore Creek flowing through Vail is in an impaired condition. Particularly interesting, is the lack of stonefly insects in lower Gore Creek in both 2004 and 2005." Bradford emphasized the sand collection features abng 1-70 has reduced a lot of source pollution. Wettstein then commented, "There is still a slug of sand between Vail pass and East Vail that is working its way down(partially due to beaver dam degradation caused by high runoff due to record snowfall)." Hitt confirmed the majority of the pollution was coning from 1-70. Moffet clarified current projects were"making a dent" in the pollution problem. Bradford invited Council to attend a tour of Black Gore Creek on July 14. Representing the Vail Village Homeowners Association, Jim Lamont inquired about the location of possible diversion structures and the status of the sand berm(created from captured traction sand)in East Vail. Lamont then encouraged Council to use Real Estate Transfer Tax funds to restore Gore Creek. For details, contact Bill Carlson at 479-2333. --Wildlife Ordinance Discussion Police Commander Steve Wright explained recent events regarding a problem bear in West Vail have again brought to the forefront wildlife issues within the town. In August, 2002, Council passed an ordinance intended to reduce interactions between bears and citizens and guests. Wright reported 408 wildlife warnings and 13 citations had been written to date. "We have done a good job extending the education component of our wildlife ordinance...It's now time to start enforcing the existing ordinance." Wright recommended dumpsters in centralized refuse areas be bear resistant. "The Police Department's last recommendation would be that all citizens maintain bear resistant/proof containers." Detective Ryan Millbern said bear resistant containers have improved over the years. Millbern reported bear resistant containers were available from local trash haulers for $160-$360. Town Attorney Matt Mire explained the current Attachment: B Al.1140, Appeals Form Department of Community Development TOR/OF VAIL ' 75 South Frontage Road.,Vail,Colorado 81657 tel: 970A79.2139 fax: 970.479.2452 web: www.vailgov.conl General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/dedsion. A complete form and associated requirements must be submitted to the Community Development Department within twenty(20)calendar days of the disputed action/decision. Action/Decision being appealed: Approval of major exterior alteration,pursuant to Section 12-7H-7 of the Vail Town Code;to allow for the renovation of the Lion's Square Lodge North,located at 660 West Lionshead Place/Lot 8,Block 1,Vail Lionshead Filing 3 Dateof Action/Decision: June 26,2006 Board or Staff person rendering action/decision: Planning and Environmental Commission Does this appeal Involve a specific parcel of land?(yes) ( If yes,are you an adjacent property owner? (yes) Name of Appellant(s): Montaneros Condominium Association, Inc. Mailing Address: 0/0 Keith Odza,641 W.Lionshead Circle,Vail,Colorado 81657 Phone: 970-477-7200 Physical Address in Vail: 641 W.Liishead-Cirple,Vail,Colorado 81657 Legal Description of Appellant( //opeprty,in Vail: Lot:_Block:�•Subdivision:Montaneros Condominiums Appellant(s)Signature(s): �i (Attach a list of signatures if more space is required). Alexander A.Praiser Submittal Requirements: Attorney for Appellant 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses(both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped,addressed envelopes for each property owner listed in(3.). PLEASE SUBMIT This FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL,DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD,VAIL,COLORADO 81657. For Office Use Only: (pE.L 0` O s"3 Date Received: 7//94i) Activity No.: �1 Planner: gG Project No.: Ce(�`� `-((��• F:\alev\FORMS,PERMrTS••nning\Applications\Appeals.doc 12-6-2005 ECIE —J JUL 1 4 2006 TOWN OF VAIL 4 1. On a separate sheet or separate sheets of paper,provide a detailed explanation of how you are an "aggrieved or adversely affected person". The individual members of Appellant, Montaneros Condominium Association, Inc., are all of the owners of the units located in Montaneros Condominiums ("Montaneros"). Montaneros is located in Lionshead adjacent to and immediately north of Lion Square North Condominiums. As approved,the renovation of Lion Square Lodge—North Building will have substantial and significant negative impacts on Montaneros Condominiums and its owners and guests, all as more particularly described in Appellant's response to Item No. 2 below. {00042137/1} mow 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. • Appellant was denied its right to a full and fair hearing. In accordance with Section 12-3-6 of the Vail Town Code (the "Code"), hearings are to "be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions, and arguments with respect to the issues entailed . . ." Applicant, Lion Square Lodge North Condominium Association ("Applicant") submitted revised plans to the Town dated June 2, 2006. Subsequently, on June 22, 2006 Appellant and Applicant had an extensive conference regarding the project during which those plans reviewed and discussed. However, the next day Appellant learned that Applicant had submitted revised plans for the consideration by the Planning and Environmental Commission ("PEC") prior to that conference. Appellant was not provided with a copy of the revised plans submitted by Applicant until the June 26th hearing approving those plans. Notably, the PEC was not aware of changes to the plans at its June 26th hearing until counsel for Appellant noted that changes had been made. Failure to deliver revised plans to Appellant in advance of the hearing denied Appellant the opportunity to be fully and fairly heard on the matter as required by the Code. Moreover, Applicant, as part of the public hearing process on June 26th, demonstrated the project to the PEC on the public record via a three dimensional video model. Appellant requested Applicant to provide a copy of the model following the hearing. This request was denied by Applicant. • The east tower of the Lion Square Lodge —North Building, as approved by the PEC, is an impermissible expansion of a nonconforming structure. The stated purpose of Title 12, Chapter 18 of the Code, governing nonconforming structures, is to limit the number and extent of nonconforming structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction (Code Section 12-18-1). Applicant proposed to erect a six-story tower atop an existing one-story building which is built to the property line, and the deck of which encroaches onto Appellant's property. Engineering of the east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing nonconforming building to support the east tower. Therefore, the east tower is not an "enlargement" of a nonconforming structure, as contemplated by Section 12-18-5 of the Code, but rather a substantial reconstruction of the existing nonconforming building. Such reconstruction of the existing building is not permitted under the Code without a variance permitting the building to be located along the property line within the 10 foot setback. No variance {00042137/1} has been requested by Applicant pursuant to Title 12, Chapter 17 of the Code. • The parking structure of the Lion Square Lodge — North Building, as approved by the PEC, violates the setback requirements of Section 12-7H- 10 of the Code. The roof and/or retaining wall of the parking structure encroach into the 10-foot setback area mandated by Section 12-7H-10 of the Code. No variance has been requested for this encroachment pursuant to Title 12, Chapter 17 of the Code. • The location of the west tower of the Lion Square Lodge — North Building, as approved by the PEC, violates the spirit of the setback requirements of Section 12-7H-10 of the Code. Section 12-7H-10 of the Code requires minimum building setbacks of ten feet. The intended result of this setback is to provide at least twenty feet between buildings. More than thirty years ago, the prior owner of Appellant's property carved off a portion of its property for the Lion Square development based upon plans for building as currently located. Currently, there is an approximate 60 foot separation between Appellant's and Applicant's buildings according to Applicant's submittal. The plans approved by the PEC permit the construction of an 82 foot building just ten feet from the west units of Appellant's building, violating spirit of the setback requirement. • The approved Lion Square redevelopment is contrary to various provisions of the Lionshead Redevelopment Master Plan ("Master Plan") including the following: • Section 8.4.2.3 of the Master Plan provides that the building faces for this project may have a maximum initial eave height of 60 feet, at which point those faces must step back a minimum of 12 feet. The east and west towers of the approved redevelopment, which have an absolute building height of 82 feet, do not appear to comply with this step back requirement. • Development should connect Lionshead physically and visually to the mountain landscape (Master Plan, Section 2.5). The approved redevelopment will physically and visually cut off much of Lionshead, including Appellant's property, from the mountain landscape. • As development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain (Master Plan, Section 4.3.1). The approved redevelopment plans interfere with visual connections to the ski mountain by creating two 82 foot towers between Appellant's property and the ski mountain. {00042137/1} 2 • All private development and redevelopment should endeavor to create visual connections from and through their properties (Master Plan, Section 4.3.1.1). As indicated above, the towers of the approved redevelopment interfere with the visual connections through Applicant's property. • North-south orientation of building masses to accomplish several objectives including sun access and views from existing buildings (Master Plan, Section 4.3.1.2). As shown on the sun shade analyses submitted to the PEC, the approved redevelopment will virtually engulf Appellant's property and building, including its pool, in shade. • The approved Lion Square redevelopment fails to mitigate development impacts as required by Section 12-7H-18 of the Code. In a preliminary hearing on this matter, the PEC noted that the proposal did not provide public amenity improvements as required by the Code and that surface parking in Lionshead would be a poor use of space that could otherwise be used for a public amenity. In response, Applicant revised its plans to cover the parking structure with a sod roof. This seemingly does not create an amenity and does not meet the objective of the PEC. No other public amenities will be provided. Moreover, no details were provided regarding the engineering of the sod roof(e.g., growth of sod, drainage). Appellant is concerned about the possible impacts of this structure located immediately adjacent to its property. • The approved parking plan is not workable and violates the Town's Development Standards. (1) Parking spaces are smaller than that required by Development Standards. (2) The proposed valet parking plan is impractical, as sufficient space to move cars has not been provided. (3)No explanation was provided as to how the valet parking would be staffed or operated, creating potential problems. • Applicant will need to obtain easements from Appellant for construction. As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should have been conditioned upon recordation of all necessary permanent and temporary easements for construction. Applicant has acknowledged this requirement, but, notably, has not requested any easements from Appellant. Appellant is unwilling to grant easements to Applicant for the project as approved, which Appellant considers in violation of the Code, the Master Plan and the covenants encumbering the Lion Square property and detrimental to its property and to the Town and its residents and guests as a whole. • The Lion Square Lodge — North Building redevelopment, as approved, violates the Protective Covenants of Vail/Lionshead, Third Filing (the "Covenants"). The Covenants benefit and burden all properties located {00042137/I} 3 within the Vail/Lionshead Third Filing, which includes both Appellant's and Applicant's properties. The Covenants were adopted, in part, to establish and maintain the character and value of property in the Vail/Lionshead, Third Filing area. Appellant understands that the Town considers enforcement of covenants to be a private contract issue which does not involve the Town. Nevertheless, Appellant notes that the approved redevelopment violates various provisions of the Covenants and fails to consider the effect of any proposed improvement on the outlook of any adjacent or neighboring property as required by the Covenants. • As noted by a member of the PEC, Applicant's proposal for employee housing may not satisfy Title 12, Chapter 13 of the Code. Section 12-13-1 of the Code recognizes the importance of providing quality living and working conditions for the community's work force. Appellant urges Town Council to ensure that Applicant complies with the Town's employee housing requirements to assist in the fulfillment this critical objective. {00042137/1} 4 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated form the subject property by a right-of-way, stream, or other intervening barrier). Pursuant to the instructions of Town Planner Bill Gibson, all of the foregoing information is contained in the Town's records relating to this matter and is, thus,not required. {00042137/1} 4. Provide stamped, addressed envelopes for each property owner listed in (3). Pursuant to the instructions of Town Planner Bill Gibson, the Town will provide all items necessary to deliver proper notice of this appeal. Please contact counsel for the Appellant, Alexander A. Preiser, at(303)442-1900, if any further items are required from Appellant in connection with this appeal. {00042137/1} JOHNSON &' REPUCCI LLP ATTORNEYS AND COUNSELORS AT LAW 2521 BROADWAY,SUITE A BOULDER,COLORADO 80304 TELEPHONE 303-442-1900 Alexander A.Preiser TELEFAX 303-442-0191 BOULDER aapreiser @j-rlaw.corn www.j-rlaw.corn WINTER PARK July 26, 2006 VIA ELECTRONIC MAIL Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Lion Square Lodge-North Building(PEC06-0019) Dear Town Council Members: As you may aware,this firm represents Montaneros Condominium Association, Inc. (the "Association"),whose individual members are all of the owners of units located in Montaneros Condominiums ("Montaneros"). This letter follows up on the Association's July 14, 2006 appeal (the"Appeal") of the approval by the Planning and Environmental Commission(the "PEC")of the referenced project (the "Lion Square Redevelopment Proposal") and supplements the objections of the individual owners of units in Montaneros. Throughout the review and approval process for the Lion Square Redevelopment Proposal, the Association has maintained that such proposal, despite certain revisions thereto, is contrary to and in violation of the Town of Vail's Town Code (the"Town Code") and the Lionshead Redevelopment Master Plan (the "Master Plan"). 1. The Lion Square Redevelopment Proposal fails to achieve the objectives of the Master Plan and the LMU-1 Zone District. The Master Plan promotes the enhancement and strengthening of the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. This concept is repeatedly emphasized throughout the Master Plan. Similarly,the Town's Zoning Regulations recognize the importance of ensuring adequate light, air, open space and other amenities within the LMU-1 Zone District. Nevertheless,the Lion Square Redevelopment Proposal ignores these fundamental design objectives, as more particularly described in the Appeal. Despite the Association's objections presented both to the PEC and discussed directly with the applicant, revisions to the Lion Square Redevelopment Proposal included no changes to address the concerns raised by the Association related to elimination of both view corridors and sun access. This is readily apparent from a review of the sun shade analyses included in the various submittals for the Lion Square Redevelopment Proposal. {00042830/11 Town Council July 26, 2006 Page 2 2. The Lion Square Redevelopment Proposal fails to comply with other directives of the Master Plan. (a) Section 8.4.2.3 of the Master Plan provides that the building faces for this project may have a maximum initial eave height of 60 feet, at which point those faces must step back a minimum of 12 feet. The east and west towers of the approved Lion Square Redevelopment Proposal, which have an absolute building height of 82 feet, do not appear to comply with this step back requirement. (b) Section 2.3.3 of the Master Plan stresses that redevelopment in Lionshead must promote improved occupancy rates with"warm beds". The Lion Square Redevelopment Proposal fails to address this goal. In particular,the Lion Square Redevelopment Proposal includes luxury penthouse units which, likely, will not be included in a rental pool. The Association suspects that these units will often sit empty,not contributing to the warmer,more vibrant environment that the Town seeks to establish, as stated Section 2.3.1 of the Master Plan. 3. The Lion Square Redevelopment Proposal violates the Town of Vail Zoning Regulations. (a) East Tower. The Lion Square Redevelopment Proposal contemplates the erection of a new east tower upon the existing nonconforming one-story building located on the common boundary of the Montaneros and Lion Square properties, with an existing deck that extends onto the Montaneros property. According to the applicant, the existing building will remain in place and the tower will be erected thereon. Engineering of the east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing building to support the proposed east tower. Any reconstruction of the existing building violates Town Code Section 12-8-1, applicable to nonconforming structures, and impermissibly expands the use of the easement granted by the Association. (b) Parking Structure. In response to the Town's concerns regarding the parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in the revised plans to include a covered parking structure. However, the roof and/or the retaining wall of the proposed parking structure encroaches into the required ten foot setback area. Moreover, the sod covered roof was added to the Lion Square Redevelopment Proposal in response to the PEC's objection to the lack of public amenities provided by the applicant, as required by Section 12-7H-18 of the Town Code. However, the Association maintains that a sod covered roof is not a public amenity, and the Association has serious concerns regarding the engineering of the roof, including drainage, and the potentially dangerous impact on the Montaneros property. (c) West Tower. By way of background, the predecessor-in-title to the Montaneros property carved off a portion of its property creating the Montaneros and Lion Square parcels as currently configured. This conveyance was made based upon the plans for the existing Lion Square building, the western end of which is located approximately 60 feet from {00042830/I} Town Council July 26, 2006 Page 3 the Montaneros building. The Town's setback requirements, adopted subsequent to that conveyance,provide for a 10 foot setback from the property line, with the intended result of at least 20 feet separation of buildings. Contrary to this intent, the 82 foot west tower contemplated by the Lion Square Redevelopment Proposal would be located far less than the intended 20 feet from Montaneros' west units. A 360 degree rendering presented by the applicant at a PEC hearing, a copy of which has been denied to both the Town and the Association, gives a good idea of just how close the building would actually be. (d) Variances. Various portions Lion Square Redevelopment Proposal are clearly impermissible under applicable zoning regulations, and, as more particularly detailed in our prior correspondence to Mr. Gibson, there are no grounds to support the issuance of variances to permit these structures. 4. The parking plan of the Lion Square Redevelopment Proposal is not workable and violates the Town's Development Standards. The applicant has proposed a combination of self- parked and valet parking spaces. However, many of the parking spaces are smaller than that required by the Town's Development Standards. Moreover, no explanation has been provided as to how the valet parking plan will be staffed and operated within the space provided,which is insufficient to move cars. 5. As noted by a member of the PEC, the employee housing component of the Lion Square Redevelopment Proposal may not satisfy Title 12, Chapter 13 of the Code. Section 12- 13-1 of the Code recognizes the importance of providing quality living and working conditions for the community's work force. The Association urges the Town Council to ensure that the Lion Square Redevelopment Proposal complies with the Town's employee housing requirements to assist in the fulfillment this critical objective. 6. The Lion Square Redevelopment Proposal violates the private property rights of neighboring property owners. (a) Easements. Despite the applicant's statements to the contrary, based upon our review of the Lion Square Redevelopment Proposal,we believe that both temporary and permanent easements over Montaneros property will be required for such redevelopment. We see no way that the proposed structures can be erected without crossing onto Montaneros property and thus requiring easements. More importantly, the Association has serious concerns about the applicant's claims that no excavation shoring will be required offsite, and, thus, no easements are required for this purpose. The wall of the Lion Square parking structure is proposed to be located within a few feet of the Montaneros building, seemingly requiring at a minimum temporary, and possibly permanent, easements for excavation shoring to protect the Montaneros building. Please be advised that the Association will not approve any work on its property, or grant easements to Lion Square for any purpose, in connection with the currently existing Lion Square Redevelopment Proposal which the Association believes to be in violation of the Town Code, the Master Plan and the Covenants (as defined below) and detrimental to the Montaneros property and to the Town and its residents and guests as a whole. (00042830/I Town Council July 26, 2006 Page 4 (b) Protective Covenants of Vail/Lionshead, Third Filing (the"Covenants"). We continue to urge the Town, as a party with enforcement rights under Section 19.1 of the Covenants,to consider the provisions of the Covenants, several of which are violated by the Lion Square Redevelopment Proposal as approved by the PEC. 7. The Association was denied its right to a full and fair hearing. Although the Association appreciates all of the assistance provided by Bill Gibson and the careful consideration of the PEC with respect to the Lion Square Redevelopment Proposal, the failure of the applicant to note revisions in the plans for the benefit of the PEC and the public, denied the Association the opportunity to "submit exceptions to the record, contentions, and arguments with respect to the issues entailed"as required by Section 12-3-6 of the Town Code. Please refer to the Appeal for details of this matter. Please consider the foregoing matters at your August 1,2006 hearing on the Lion Square Redevelopment Proposal in addition to any other matters that caused the members of the Town Council to call-up this decision for review. On behalf of the Association,we thank you for your continued time and assistance with this matter. Very trul ou s, t � 4 Alexander A. Preiser cc: Bill Gibson Montaneros Condominium Association {00042830/1} Attachment: C PLANNING AND ENVIRONMENTAL COMMISSION , PUBLIC MEETING TOM June 26, 2006 IOMO[�j}AL 4., PROJECT ORIENTATION—Town Council Chambers - PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Anne Gunion Doug Cahill Dick Cleveland Rollie Kjesbo Bill Jewitt Bill Pierce Site Visits: 1. Lion Square Lodge North—660 West Lionshead Place Driver: George Public Hearing—Town Council Chambers 2:00 pm 1. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Tabled to July 10, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 6-0-0 30 minutes 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-1-0 (Cleveland opposed) CONDITIONS: Prior to Application for Building Permits 1) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 2) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. Page 1 3) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Prior to Requesting a Temporary Certificate of Occupancy 4) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed- restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 5) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June 15, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of$45,500. For the Life of the Protect 6) For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. Recommendation to the Vail Town Council 7) The Planning and Environmental Commission forwards a recommendation of approval for an amendment to the Lionshead Redevelopment Master Plan build-to-lines to allow the applicant to construct the proposed parking area sod roof within the required setback to allow for a continuous landscape area between Lion Square Lodge North and the Montaneros. Staff presented the application pursuant to the memorandum to the Commission dated, June 26, 2006. The applicant, represented by Chip Melick gave a presentation of the proposed development application, including a 3-D model presentation. David Viele gave a brief presentation of the proposal which included a summary of the proposal's compliance with the prescribed criteria for a major exterior alteration. Chip Glazier, owner within the Montaneros Condominium Association, expressed his concerns with the proposal and emphasized the negative impacts of further construction in Lionshead. Maxine Glazier, owner within the Montaneros Condominium Association, expressed her concerns with potential negative impacts to the structural integrity of Monteranos building. Page 2 Jack Hunn, representing Vail Resorts Development Company, shared his support for the redevelopment of the Lionshead Square Lodge North major exterior alteration application. Alex Prieser, representing several Montaneros homeowners, expressed concerns with lack of compliance to the Lionshead Redevelopment Master Plan and the presence of a non- conforming structure. He expressed concerns regarding lack of timely information from the applicant. He also shared concerns regarding easements and the need for further communication. David Viele explained how the application addressed the non-conforming structure issue and the revisions made to the plans since the previous public meeting. Lee Sackna, legal representation for Viele Development, reiterated that the proposal was in compliance with the Lionshead Redevelopment Master Plan. He further explained and responded to the issued raised by the Montaneros owners. Commissioner Cleveland indicated that the application was in compliance with the Lionshead Mixed Use— 1 zone district. He expressed his dissatisfaction with the lack of on-site employee housing and suggested that this application be required to meet its employee housing obligation on-site. Commissioner Jewitt expressed his support for the application as submitted given the proposed conditions of approval. He indicated the need for public art as part of the proposal to mitigate the impacts of development and to improve the pedestrian experience. He further emphasized the need for the exterior colors to remain interesting and vibrant. He recommended that the employee housing requirement must comply with the Town's housing policies. Mr. Jewitt expressed his support for a Lionshead text amendment to amend the build to line to allow for a completely covered parking structure. Commissioner Kjesbo agreed with the findings expressed in the staff memorandum. He asked that condition #5 be amended to strike the ability for Public Works to waive the traffic impact fee and proposed that an additional fee be assessed for South Frontage Road improvements. Commissioner Pierce had no additional comments. Commissioner Bernhardt expressed his support for the application and reiterated the many of the comments of the other Commission members. Chairman Cahill shared his support for the application given its compliance with the Lionshead Redevelopment Master Plan. He shared his belief that additional contributions were needed for the AIPP program. He suggested and forwarded his support for a master plan amendment to the Vail Town Council for changes to the build to lines to create a better transition between property lines. David Viele responded to the input provided by the Commission. Mr. Viele was generally supportive of the Commission's input. 20 minutes 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the Lionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of Page 3 Attachment: D MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 26, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development, LLC Planner: Bill Gibson SUMMARY The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned Lionshead Mixed Use 1 District (LMU-1), and is located within the Lionshead Redevelopment Master Plan area. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). The applicant is requesting approval of a Major Exterior Alteration to allow for the construction of 9 new dwelling units; 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. The applicant's zoning calculations (Attachment B), the applicant's master plan compliance analysis (Attachment C), the applicant's summary of mitigations of development impacts (Attachment D), the applicant's proposed employee housing mitigation (Attachment E), the applicant's letter about communication with adjacent property owners (Attachment F) and proposed architectural plans (Attachment G) have all been attached for reference. Additionally, correspondences to the Commission from property owners within the Montaneros Condominium Association have also been attached for reference (Attachment H). 1 III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. At an undetermiend point in time, the Lion Square Lodge North development site was subdivided from the Montaneros Condominium Association property. Based upon the original development plans and associated documentation, the existing Lion Square Lodge North was originally named the "Montaneros II". According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District (CC2) and was rezoned to Lionshead Mixed Use 1 District (LMU-1) in 1999. The Planning and Environmental Commission conceptually reviewed this proposal at its May 8, and May 22, 2006, hearings. At these hearings, the Staff presented the Commission a summary of the zoning code and master plan provisions that are applicable to the review of this proposal and the applicant presented a general overview of the proposal. IV. ROLES OF THE REVIEWING BOARDS - " - The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff in review this major exterior alteration application: Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action:The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action:The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, 2 and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction Chapter 4: Master Plan Recommendations—Overall study Area Chapter 5, Detailed Plan Recommendations Chapter 6, Site Design Guidelines Chapter 7, Design Standards Chapter 8, Architectural Design Guidelines Zoning Regulations Lionshead Mixed Use— 1 Zone District 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. 3 The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. e-Ai= B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: � 4 Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type Ill (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. 5 Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. t*14... 12-7H-6:ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional 6 fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that 7 the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-9:LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10:SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-7H-12: DENSITY(DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, time share units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit'; as defined herein, shall be counted as twenty five percent(25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third(1/3) of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent(33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15:LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent(20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 8 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half(1/2) the required parking shall be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception:All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7H-18:MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS Address: 660 West Lionshead Place/ Legal Description: Lot 8, Block 1, Vail Lionshead Filing 3 Lot Area: 0.95 acres (41,513 sq. ft.) Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed/Required Proposed Setbacks All Sides: 10 ft. min. 10 ft. Building Height: 71 ft. avg. 52 ft. avg. 82.5 ft. max. 78 ft. max. Density (dwelling units): 36 DUs (133% of 27) max. 36 DUs GRFA: 103,782 sq.ft. max. 49,394 sq. ft. Retail Space: N/A 650 sq. ft. Site Coverage: 29,059 sq.ft. (70%) max. 26,509 sq. ft. (64%) Landscape Area: 8,302 sq.ft. (20%) min. 11,100 sq. ft. (27%) 9 Parking: 53 total spaces min. 53 total spaces (51 DUs + 2 Retail) Employee Housing 1 Type III/IV EHU min. 1 Type III/IV EHU (off-site) VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the construction of 9 new dwelling units, 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. Each of these proposed uses comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction 10 Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policies objectives of the plan: 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2) Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds"or "warm beds') through new lodging products. 4) Improved Access and Circulation *Hifi IDOSOSlikei The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead(streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 6) Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Staff believes the proposed major exterior alteration conforms to these policy objectives. The proposal will significantly upgrade the architectural and aesthetic quality of the Lion Square Lodge North property in keeping with the identity and character of the adjacent redeveloped properties such as Arrabelle, Marriott, Antlers, and Montaneros. Staff believes the improved pedestrian access, streetscaping, and landscape improvements along the south of the Lion Square Lodge North that are being proposed and that have been coordinated with the Arrabelle project, in addition to a new street level retail space at the east side of the property, will increase the vitality of the Lionshead area adjacent to the Lion Square Lodge North property. The existing Lion Square Lodge North building is only comprised of dwelling units with no existing accommodation or fractional fee units. However, many of these existing dwelling units are rented to guests and function as "warm beds" (not "hot beds"). The proposed major exterior alteration only includes the construction of additional dwelling units, and as allowed by the provisions of the Lionshead 11 Mixed Use 1 District, no accommodation or fractional fee units are proposed. It is anticipated that both the existing and new dwelling units will continue to function as "warm beds" in the same manner as the existing Lion Square Lodge North. The Lion Square Lodge North has been, and plans to continue, coordinating with the Arrabelle development project to improve the access, circulation, and infrastructure of Lionshead adjacent to the site. Chapter 4: Master Plan Recommendations Section 4.3 of the Lionshead Redevelopment Master Plan address the physical connection of Lionshead to the natural environment. Sub-Section 4.3.1.1 address the need for the preservation "public" view corridors (none of which exist near this site), but not the preservation of "private" view corridors. Sub-Section 4.3.1.2 recommends a north-south axis orientation for buildings to lessen negative impacts to sun access and mountain views for streets and existing buildings. Staff believes the applicant has addressed this plan recommendation by designing "tower-like" additions to the west and east ends to the existing Lion Square Lodge building. The existing building has an east-west axis orientation which can not be re-oriented without the demolition of the existing building. Staff nothAro.f believes the proposed "tower-like" additions will have much less impact to sun access or views than a zoning compliant design adding building bulk/mass and height over a larger area, or the entire area, of the existing building. Section 4.6 of the Lionshead Redevelopment Master Plan addresses vehicular and pedestrian circulation. Staff believes the applicant's proposed landscaping and site improvements, plus ongoing coordination with the Arrabelle project improve the vehicular and pedestrian traffic and circulation adjacent to this site. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. The proposed major exterior alteration provides sufficient parking for the proposed new uses and remedies an existing non-conforming parking situation for the existing Lion Square Lodge North dwelling units. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the Lion Square Lodge North's employee housing needs by purchasing and deed-restricting an off-site employee housing unit of no less than 700 sq. ft. and one bedroom in size. The Town of Vail Housing Coordinator has determined that the applicant's proposed mitigation meets the Town's employee housing requirements and is consistent with the mitigation methods approved for other similar re-development projects. Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art. Since the Lion Square Lodge North is not located on the Lionshead "retail mall", the applicant is not proposing any public art at this time. 12 Chapter 5: Detailed Plan Recommendations Section 5.12 of the Lionshead Redevelopment Master Plan addresses the entirety of the Lion Square Lodge (North, East, and South buildings). This detailed plan recommendation was drafted prior to the review and approval of the Arrabelle development project. In Section 5.12, concerns were noted about the no longer existing vehicular traffic through the Lion Square Lodge site and recommendations were made for an improved pedestrian connection between all the Lion Square Lodge buildings. With the current Arrabelle project, a significant portion of the vehicular circulation through the Lion Square Lodge is now located below grade. The pedestrian connection between all three buildings and the pedestrian connection to the Lionshead ski yard and mall have also been enhanced. Section 5.12 also discusses the screening of parking at the Lion Square Lodge (primarily the East and South building's surface lot). The applicant is proposing to construct below grade structured parking and surface parking with a sod roof cover to screen the new parking. Chapter 6: Site Design Guidelines The Lion Square Lodge North building has coordinated with the Arrabelle project to improve the pedestrian circulation and access adjacent to this site. The applicant is proposing sidewalk, landscaping, and lighting consistent with the Lionshead streetscape design. Chapter 7: Development Standards This proposed major exterior alteration request conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also be reviewing this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of the Lionshead Redevelopment Master Plan. Since the Board has conceptually reviewed this proposal and the Board's initial response was very favorable, a more detailed review has tentatively been schedule for July 5, 2006. As this proposal involves the renovation of an existing building, rather than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case-by-case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein"rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently developed/re- developed adjacent Antlers, Marriott, Montaneros, and Arrabell. 13 There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to building eaves, wall surfaces, wall spans, ridge heights, building materials and colors, and roof dimensions and pitches. This major exterior alteration conforms to the guidelines for wall spans, building materials and colors, roof dimensions, and roof heights. The proposal does not conform to the roof eave heights, roof forms, wall surface, or wall span requirements. Staff believes these deviations are caused by the existing building form and design. Staff believes the applicant's request meets the intent of these guidelines, and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. For example, the entirety of the existing Lion Square Lodge North building has a flat roof. The master plan guide lines require pitched roof buildings with only secondary flat roof elements limited to 500 sq. ft. in size. The proposed new elements of the building (i.e. the two "tower-like" elements) comply with this standard. To upgrade the existing building to meet the intent, not the strict requirement, of this guideline the applicant is proposing to construct new mansard and hipped roofs features. These mansards and hipped roofs will mask the existing large flat roof, give the appearance of a pitched roof building, and improve the overall aesthetic quality of the building. 3. That the proposal does not otherwise have a significant negative effect on ,a w.timses►, the character of the neighborhood; and, ,E. . Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan and the general character of the recently redeveloped adjacent properties including Antlers, Marriottt, Arrabelle, and Montaneros. As with other redevelopment projects in Lionshead, such as the Arrabelle, this proposal will affect sun/shade and the private mountain views of those adjacent properties located to the north. The proposed major exterior alteration will cast more shadow on the adjacent Montaneros building and pool compared to the existing Lion Square Lodge North building. However, the non-conforming, close proximity of the Montaneros building to the Lion Square Lodge North property line (less than 1 foot) and the location of the Montaneros swimming pool patio (6 feet from the property line, 3 feet from the easement) exacerbate the shading effect of this proposal. Staff believes the applicant's two "tower-like" elements will have less impact to sun/shade and private views than other design alternatives allowed by zoning and the Town's Comprehensive Plan. Neither the Vail Town Code, nor the Vail Comprehensive Plan, regulate or protect private views. The Planning and Environmental Commission is only charged with preserving "public" view corridors adopted by Chapter 12-22, View Corridors, Vail Town Code. 14 This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. Based upon a traffic study prepared by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, there will be an increase of 7 vehicle trips to the Lion Square Lodge North site at peak times. The applicant has been assessed a traffic impact fee by the Town of Vail to mitigate this increase in traffic. Staff does not believe this increase of 7 vehicle trips will have a significant negative effect in comparison to existing traffic conditions. In summary, Staff does not believe this proposal will have a significant negative effect upon the character of the neighborhood; instead this proposed major exterior alteration will redevelop the Lion Square Lodge North to be more in keeping with the intent of the Lionshead Redevelopment Master Plan. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Lionshead Redevelopment Master Plan (adopted 1998) This proposal conforms to the Town of Vail's transportation and engineering standards. The applicant has also agreed to make a financial contribution to the Town of Vail in the form of traffic impact fees in accordance with the recommendations of the Transportation Master Plan. Therefore, Staff believes this proposal substantially complies with the applicable elements of the Transportation Master Plan. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria#2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. IV. MITIGATION OF DEVELOPMENT IMPACTS Employee Housing As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for major exterior aleration proposals. 15 In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriottt, Four Seasons, Manor Vail Lodge, Vail Village Inn, Crossroads, Ritz Carlton, Arrabelle, etc. development projects. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers oilverts,7 to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. Since this proposal complies with the allowed density, the 15%figure has been used. Employee Generation Calculations a) Multi-Family (Dwelling Units) 9 new units proposed @ (0.4/unit) = 3.6 employees b) Retail 650 sq. ft. @ (5.0/1000 sq. ft.) = 3.25 employees 6.85 employees x .15 1.03 employees According to the calculations above, the applicant must establish 1 new deed- restricted employee bed ("pillows"). The applicant is proposing to provide the required deed-restricted employee housing unit off-site by purchasing and deed restricting a unit of no less than 700 sq. ft. with no less than one bedroom. The Town of Vail Housing Coordinator has reviewed the applicant's employee 16 housing mitigation proposal and has determined that proposal meets the Town of Vail's employee housing requirements and is consistent with other mitigation proposal approved for similar development projects. Parking The Lion Square Lodge North has 29 existing, functional parking spaces. The original approval of the building required 38 parking spaces for the existing 26 dwelling units; however, the configuration shown on the original condominium plat of the project was not constructed. With this major exterior alteration proposal, the applicant will be providing the required parking for the new retail space and the 9 new dwelling units. Additionally, the applicant will be constructing 9 additional new parking spaces to remedy the existing parking shortfall. As part of this major exterior alteration, the applicant is proposing to construct a total of 53 parking spaces with 29 constructed in a below grade structure and 24 constructed above on a surface lot. The majority of the surface spaces will be screened from view by the installation of a sod roof covering. Traffic The proposed new dwelling units and retail space will likely increase the traffic flow to and from the Lion Square Lodge North site. To mitigate the effects of this increased traffic, the applicant will be making a financial contribution to the Town of Vail in the form of a traffic impact fee of $45,500. This fee is based upon an assessment of $6,500 per increased traffic trip at peak hour. A traffic study by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, has determined that at peak hour this proposal will add 7 new vehicle trips. Landscaping/Streetscape As noted above, the applicant is proposing to install a sod roof covering over the majority of the parking area to screen it from view. The existing Lion Square Lodge North has minimal existing landscaping, which primarily consists of a grass lawn. As part of this major exterior alteration request, the applicant is proposing to re-landscape the site (including trees, shrubs, planting beds, sod, etc.) to provide both screening of the building and an improved street presence for the property. The applicant will be coordinating the installation of landscaping with the Arrabelle development project. Coordination with Other Redevelopment Projects As noted by the applicant, Lion Square Lodge North has granted easements and access agreements to Vail Resorts for pedestrian and vehicular circulation, construction staging, water retention, and utility upgrades associated with the Arrabelle redevelopment project. The applicant will also be coordinating the installation of their proposed landscaping with the Arrabelle development project. 17 New Retail Use The existing Lion Square Lodge North consists of only dwelling units. As part of this requested major exterior alteration, the applicant is proposing to construct a new 650 sq. ft., first floor, retail space adjacent to the pedestrian path on the east side of the building. This new retail space transforms this existing wholly dwelling unit building into a mixed-use project in keeping with the intent of the Lionshead Redevelopment Master Plan. Art in Public Places and Off-Site Road/Streetscape Improvements At this time the applicant is not proposing specific contributions to art in public places or off-site road/streetscape improvements adjacent to the Lion Square Lodge North (currently being constructed and funded by Vail Resorts as part of the Arrabelle development project). X. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission evaluate if a contribution to art in public places and/or the off-site road and streetscape improvements along Lionshead Place (currently being funded by Vail Resorts) are necessary as mitigation of this proposal's development impacts. Staff also recommends the Planning and Environmental Commission consider forwarding a recommendation to the Vail Town Council to amend the "build-to-lines" of the Lionshead Redevelopment Master Plan to allow the applicant to construct the proposed parking area sod roof within the required setback. Staff believes extending the sod roof and creating a continuous lawn/landscape area between the Lion Square Lodge North and the Montaneros better meets the intent of the Lionshead Redevelopment Master Plan than the strict application of the 10 foot setback requirement prescribed by the Lionshead Mixed Use 1 District. Staff believes such an amendment to facilitate a continuous lawn/landscape area would create a "win-win-win" for the Montaneros, Lion Square Lodge North, and the Town of Vail's citizens and guests. The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the major exterior alteration review criteria outlined in Section VIII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve this major exterior alteration request with conditions, Staff recommends the Commission make the following findings part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not 18 otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to approve this major exterior alteration request, Staff recommends the following conditions: Prior to Application for Building Permits 1) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 2) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. 3) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Prior to Requesting a Temporary Certificate of Occupancy 4) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 5) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June 15, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of$45,500. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. For the Life of the Project 6) For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. 19 XI. ATTACHMENTS A. Vicinity Map B. Applicant's Zoning Calculations C. Applicant's Master Plan Compliance Analysis D. Applicant's Mitigation of Development Impacts Letter E. Applicant's Employee Housing Mitigation Letter F. Applicant's Letter about Communication with Adjacent Properties G. Proposed Architectural Plans H. Adjacent Property Owners' Correspondence 20 I :' moo: tif 1 A ,i,.--'44.'....... i Attachment: �" �4 i i':.I5 s :, g N k 'f a, E ..:r " � s * \ ill - \ '.. . yrf E� .z a ::�, � �-: � ��, � irk � � lie r. c :�x'Y£ � "' 6: 4f.::::,;,.,.�.!��� 1 r. 3 -"� :$ • s; o 1 .0 -1-- 1.: ::' ' ';;;:j";:,.',:'!"-:,',,,,,,‘:;;;J)::,;',,,....:...,,,,,,o-:„:"..-.....::.,,,,„, '-'cq F 1 d"{A q a k '4. 3 =�. 't1 � � ,�9 � : ��� . �', r ) � < \ r 'fi z , a a . -s ! <O $Z * t O . ,_a � ma 'C '11 C) CI '.:i 't 1111 1:''''''''.11.1:11'11':::::'::: '',4!iii -":71;1:1-,!q' :::?....;/;..:::::7'..:::,,_.,',7..1. '"'',------ - „„.„. ': . ''. ' '\ ' 14 tii O' � y` k E A W ; °' .2 a tPL C il V Z;:i .,t � .-P Y "S ti \ . e,, " ,: , Attachment: B LION SQUARE LODGE-NORTH Zoning Calculations 6/2/06 Required Proposed Comments Site Area over 10,000 sf 41,513 conforms Setbacks 10 feet 10 feet min conforms 'Maximum Roof Heights 71'avg,82.5 max 71'avg,82.5 max conforms Density 133%of exist. conforms Allowable Units 36 Existing Units 27 Proposed Units 9 Total Units 36 100% GRFA 250 sf/100 sf build.site area conforms Allowable 103,782 sf Existing 24,229 sf Proposed 49,394 sf 48% Site Coverage 70%max conforms Allowable 29,059 sf Proposed 26,509 sf 91% Landscape 20%minimum conforms Minimum Required 8,302 sf Proposed 11,100sf 134% Required Parking 1.4 per new dwelling unit conforms Existing 38 New Required 13 Retail 2 Proposed 53 Provided Parking conforms Compacts 25%max,8x16 12 Full 9x19 23 Valet 50%max,8x18 14 HC 4 Total Provided 53 100% 'Employee Housing Unit 1 type III/IV 1 type III/IV off site 'Snow Storage snow melted surface parking conforms 'Building Eave Height at Remaining Areas 60'max.eave height conforms with intent 12'min.step back conforms with intent Wall Surface Criteria 35'maximum vertical face conforms with intent horizontal step required conforms with intent 'Exterior Wall Spans 30'maximum span at street level conforms with intent !Primary Secondary Building Material Def. Primary:exceed 500 sf area conforms Secondary:500 sf area or less conforms !Primary Secondary Building Colors Primary:exceed 500 sf area conforms Secondary:500 sf area or less conforms 'Primary Secondary Roof Definitions Primary:exceed 500 sf roof area conforms Secondary:500 sf roof area or less conforms Roof Dimensional Guidelines 30"min.eave and rake overhangs conforms 18"overhangs at secondary roofs conforms 'Roof Pitch Primary:6:12 to 12:12 12:12 conforms Secondary:4:12 to 12:12(or flat) conforms Prepared by: Melick Associates M E L I C K A S S O C I A T E S I N C Attachment: C LION SQUARE LODGE — NORTH PROJECT COMPLIANCE—Lionshead Redevelopment Master Plan 6/2/06 Submittal to Community Development for the PEC and DRB approval process CHAPTER 5— LION SQUARE LODGE Traffic Concerns— The vehicular circulation was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Site access via Lionshead Place was realigned to accommodate both surface and sub terrain access to the Arrabelle project for both lodging vehicles and delivery vehicles. A new curb cut was added along the south of Lionshead Place to serve as the new front door to the Lion Square Lodge providing gated and parking access for the facility. A curb cut has been added along the south property line of the North project to provide access to the new lower level of parking. The existing curb cut along the west property line of the North project has been maintained and shifted approximately five feet to the north to provide access to the surface parking. Service vans will use this entry point, under the west building, to service the building. A traffic impact study has been provided by Kimerly Horn to study the traffic impacts of adding nine new condominium units to the North project. They also provided the traffic impact study for the Arrabelle so they are familiar with the surroundings. Their report states that no infrastructure upgrades are required as long as no more than 13 units are added to the project. Pedestrian Connection between the Main Building and the North Building— Pedestrian access between the Main Building and the North Building was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. A cross walk has been provided across Lionshead Place between the two properties that ties into the sidewalk along the north side of the realigned Lionshead Place. The primary pedestrian entrance to the North project is the east lobby entrance in the east tower along the east side of the property. This provides a clear pedestrian connection and defined vehicular corridor between the Main Building and the North project. Ski Yard Pedestrian Access — Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Access to the ski yard is obtained from north and south of the East Building. The North building project does not impact ski yard pedestrian access. Potential Development and Redevelopment Scenarios— The North project is undertaking major exterior renovations with the addition of two new condominium towers to the east and west of the existing building. This additional density has been designed within the allowable requirements of the Lionshead Mixed Use 1 (LMU-1) District. 25107 GENESEE TRAIL RD ARCHITECTURE SUITE ONE HUNDRED ONE I N T E R I O R S GOLDEN CO 80401 PLAN N I N G TEL 303.534.1 930 W W W.MELICK.COM FAX 3 0 3.5 3 4.1 9 3 1 CHAPTER 6—SITE DESIGN GUIDELINES Primary Pedestrian Mall — not applicable Secondary Pedestrian Mall — not applicable Primary Pedestrian Walk— Vail Resorts is providing the snowmelted sidewalk along the north edge of Lionshead Place as part of the Arrabelle project. The North project will be providing a landscape buffer between the sidewalk and the units to the north. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not interfere with the pedestrian walk or snow storage requirements at mature growth. Secondary Pedestrian Walk— not applicable Vehicular Pedestrian Retail Street— not applicable Pedestrian Path — The North project is adding a pedestrian path for access to the first floor units that will not be snowmelted. The materials will be integrally colored stamped concrete consistent with the surface finishes being used at the Main Building pool deck. The width of this secondary pedestrian walk will be five feet. Lighting long this path is provided with low pathway bollards consistent with the architectural design guidelines. A lawn will be provided to the south of the path as a transition to the bermed landscaping to the south along Lionshead Place. This zone will be defined by a low stone wall. Fences and Enclosures— Service functions for the North project are being achieved within the building footprint and therefore will not require supplemental fencing. The outdoor hot tubs will be screened and privatized with the use of terraced stone walls softened with landscaping to the south of the west tower. A new transformer will be located to the west of the west tower and will be screened and softened with the use of landscaping. Compliance with Town of Vail Streetscape Master Plan — CHAPTER 7— DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site Coverage— A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Setbacks— A minimum of a ten foot setback will be provided as required. The existing one story structure in the Prescriptive Easement along the north property line will be left in place and reclad with stucco to be in keeping with the new design. Gross Residential Floor Area (GRFA) — The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Density— The density will not exceed 133% of the existing number of units. (see calculations attached) New Unit Definition — not applicable Building Height— also see Chapter 8 The building height will not exceed 71 feet (average) and 82.5 feet (maximum). CHAPTER 8—ARCHITECTURAL GUIDELINES Architecture— The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height— The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for 'remaining building frontage'. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls— The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. A mansard roof element has also been added along the perimeter of the building, between the gable roof forms over the decks, to soften and provide detail to the new elevations. The east and west ends of the existing building are also defined with a higher roof forms and different yet compatible articulation. This articulation and vocabulary of materials and treatment are what define the east and west towers to provide for a uniform treatment of the building exterior. Materials and Colors - The base is defined either with a different darker stucco color or stone, as well as a break in plane. The middle is defined by a lighter color of stucco. The top is defined by a change in material and texture with vertical siding the same color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are white. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and Types— All windows have a consistency of size and proportion throughout the elevations. Operable windows will be casement. The windows will be aluminum clad, bronze. All windows will be trimmed, the color white. Balconies, Guardrails and Handrails— The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a 'romeo and juliet' balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal. The design of the railing system is patterned after the order of the building exterior elevations. Roofs— The roof forms being used include mansard roofs at the existing flat roofs, gable roofs over existing balconies, and hipped roofs with gabled roofs capping the new structures. The mansard roof form on the existing building is a practical means of tying the existing structure into the new design elements of the renovated exterior and new towers. The structural capacity of the existing building will not tolerate the addition of a full pitched roof. Adding a full pitched roof to the existing building would also greatly diminish the view corridor being maintained between the two new towers for the properties to the north. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 accept as noted otherwise on the drawings. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters and downspouts are planned to be integral to the roof forms with interior downspouts. Fireplaces and Chimneys — Stucco chimneys with open metal caps to promote air flow and screen spark arrestors are being provided for fireplace chimneys. Parking - Parking Structure Design 1. Surface Parking —22 surface parking spaces are provided with access from the ramp along the north property line. 2. Parking Decks—34 parking spaces are provided in the lower parking level with access from the ramp from the south opposite the Antlers curb cut. The decks are primarily flat except for what is required to properly drain the decks. 3. Structured Parking a. Parking Spaces - The enclosed parking spaces are 90 degrees to the drive aisle and 9' x 19', with 8' x 16' compact parking spaces not exceeding 25% of the total of the total required parking spaces. Valet parking (13) spaces are 8' x 18' and do not exceed 50% of the required parking. b. Height Clearance - The height clearance of the parking structure will be a minimum of 7' clear. c. Drive Aisles - The drive aisles are two way and 24' wide. d. Ramps - The ramps between levels are 24' wide with 12% slope. 4. Parking Needs Assessment and Vehicular Circulation Parking a. Parking Count Maintain Existing 38 New for New Condos 13 (1.4 spaces for each unit) Retail 2 (2.3 spaces per 1000 sf) Total Parking Count 53 5. Circulation a. Existing curb cut and ramp location to remain basically the same. b. New ramp into the new lower level parking structure is located opposite the curb cut to the Antlers. c. 24' wide two-way drive aisles accommodate 90 degree parking stalls. Grading - 1. Maximum Finished Grade —The maximum finished grade does not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence—The construction site will be properly surrounded by a non- removable construction fence during the construction process. 3. Erosion Control — Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P.E. Terrace landscape walls will be within the 4' — 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30%. These walls will be veneered with stone. Geologic/Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. Attachment: D VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 ECE - WE --\n Telephone: (970)476-3082 Fax(970)476-3423 JUN 21 2006 J TOWN OF VAIL June 20, 2006 Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Mitigation of Development Impacts Dear Mr. Gibson: Per the request of the Town of Vail Planning and Environmental Commission and per Section 12- 7H-18, Vail Town Code, the following list represents the proposed measures to be taken by our development team to mitigate the impact of the re-development of the Lion Square North Building: MITIGATION OF DEVELOPMENT IMPACTS New Retail Use 650 square feet of retail space will be added to the North-East corner of the East Tower. The current building does not have a retail or commercial use on the property. This new use will provide increased vitality to the west end of the Arrabelle Hotel. The space will be situated across from the western pedestrian tunnel of the Arrabelle, thereby extending the retail mall. Employee Housing An off site employee housing unit will be purchased and deed restricted by the developer. The unit will have a minimum of one bedroom and 700 square feet and will be located in the town of Vail. Parking / Sod Roofed Courtyard The redevelopment of the Lion Square North Building will bring the current parking situation into compliance with the Lionshead Master plan and LMU zoning. At current, the property has 29 functioning parking spaces where 38 are required. The building has been non-compliant since initial occupancy of the building in 1974. The redevelopment will provide the required 38 parking spots for the existing building in addition to the 15 new spaces required by the incremental increase in density and retail use on the property. The parking will consist of one level of under-ground parking and a level of surface parking to be covered by a sod roof, to the extent allowed by the zoning standards, which will integrate with the adjacent property to the North thereby creating a landscaped courtyard between the two buildings. VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 Pedestrian Access In 2005, an access easement was granted to Vail Resorts by the Lion Square North Building HOA to allow for vehicular and pedestrian traffic across the south side of the Lion Square North Property. This easement was granted with the expectation that the redevelopment of the Lion Square North Building would be occurring in the near future and the pedestrian access across the Lion Square North property would add vitality to the area and provide greater access to the new Arrabelle Square. Landscaping In an effort to provide a pedestrian experience in keeping with the natural environment that surrounds our village, the pedestrian access through the south side of the Lion Square North property will be heavily landscaped and will have a berm to provide for separation from the Lion Square North Building and the pedestrian way. On the North side,a sod roof will be built over the first level parking deck to the extent allowed by zoning, thereby creating a landscaped plaza that integrates into the adjacent property's landscaping. Streetscape and Street Lighting The pedestrian access around the south side of the Lion Square North property will have a streetscape consistent with the streetscape built by Vail Resorts for the Arrabelle project. In addition, the sidewalks will have site lights in keeping with the Lionshead Master Plan. Traffic Impact Fee The developer will provide the Town with improvements to the adjacent roadways and streetscape equal to dollar amount defined by Town of Vail planning staff and consistent with traffic impact fees of other approved projects. Benefits provided to Vail Resort to Enable Arrabelle and Lionshead Redevelopment: Numerous easements and access agreements were provided to Vail Resorts to allow for pedestrian and vehicular circulation, construction staging, water retention and utility upgrades throughout the core of Lionshead. All were granted with the expectation and understanding that the redevelopment of Arrabelle was in and of itself a benefit to the community and that each easement and favor granted would in turn benefit the community of Lionshead as a whole. • 2 of 4 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 COROLLARY BENEFITS OF LION SQUARE NORTH REDEVELOPMENT Under Utilization of Development Potential After substantial evaluation, the Lion Square North HOA and the developer chose not to maximize redevelopment to the extent possible by zoning standards in an effort to maintain as much of the current character of the neighborhood as possible. The Lionshead Master plan allows for considerable bulk and mass: the re-development plan, as proposed, amounts to a fraction of what could be built on the property under current zoning. The proposed project has less than 47% of the GRFA allowed on the site and is 73%of the average height allowed. While development options remain for the property, current design makes a redevelopment beyond the proposed scope unlikely. Great care and attention was paid to respecting the scale and character of the neighborhood, specifically with regard to adjacent property owners. The design as contemplated ensures the majority of views from the North will be maintained and preserved. Aesthetic and Functional Upgrade to the Property While the direct benefit of the proposed redevelopment will accrue to the property owners of the Lion Square North Building, the plan provides for a needed upgrade to an old and architecturally unappealing building. The Lionshead Master Plan was created with the intention of providing owners and developers with the incentive to upgrade and improve their properties such that the entire community of Lionshead and Vail as a whole would benefit. We feel the proposed design achieves that goal and will provide a substantial upgrade while creating additional economic vitality to the area. Upgraded Fire and Life Safety System: We recognize that the benefit of an improved and code compliant system will accrue to the owner and is mandated by the Town of Vail. However, it is important to note that this redevelopment is allowing that to happen in a timely manner, with a minimal impact to the surrounding areas. Simply put, the economics of the proposed plan allow for this upgrade. Given the increasing fire danger in our region and the ability of a fire to spread quickly in our Valley, each and every upgrade can be viewed as benefiting the whole. 3 of 4 VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 SUMMARY The proposed development plan represents over five years of planning and numerous iterations of development proposals investigated by the Lion Square North HOA. The plan as proposed was recently voted on by each of the individual owners of the Lion Square North Building. The project received unanimous support from owners, with 100%of the 27 owners voting in favor of the project. The current plan complies with the Lionshead Master Plan and exceeds the requirements set forth for development impact mitigation efforts. We have included a retail use that currently does not exist on the property, have covered the parking to the extent zoning currently allows, we have developed less than half of the GRFA we are allowed under current zoning and are 30%below the average height requirements. In summary, we have gone to great lengths to be mindful of adjacent property owners and have made major modifications to our design in an effort to address some of the concerns that they have raised. Most importantly, we have maintained a view corridor through the Lion Square North property. We look forward to the opportunity to present this project to the Planning and Environmental ., r r . Commission. Thank you for your time and consideration. Best Regards, • David Viele Manager Ilk 4 of 4 Attachment: E VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 June 15, 2006 Bill Gibson,AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Lion Square Lodge—North:Employee Housing Dear Mr. Gibson: Per our discussions with the Town of Vail Planning Staff and with the Town of Vail Housing Department regarding the Employee Housing Requirement for the redevelopment of the Lion Square Lodge North building, we propose to provide an off-site solution to meet our employee housing requirement. Our interpretation of the employee housing regulations for the Town of Vail, specific to the Lionshead Master Plan,is as follows: EMPLOYEE GENERATION: Multi Family Requirement: .4 per unit * 9 units = 3.6 Employees Generated Modifier = 15%as the project complies with Zoning Employee Housing Requirement for Condominium Uses: 3.6 * .15 = .54 Beds Requirement:Provide One Employee Bed Retail/ Commercial Requirement: 5-8 per 1000 SF 8/1000 * 650 SF of Commercial Space = 5.2 Employees Generated Modifier = 15%as the project complies with Zoning Employee Housing Requirement for Retail Uses: 5.2 * .15 = .78 Beds Requirement:Provide One Employee Bed Per the above calculations,we have determined that the development,as proposed,will require an employee housing unit with two beds. We propose to provide an off-site type III or IV Employee L VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 Housing Unit with one bedroom,within the town of Vail. The unit will be a minimum of 700 square feet. Please call with any questions related to this proposal. Best Regards, David Viele Manager 1 Attachment: F VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 O June 23, 2006 JUN 23 2006 Bill Gibson, AICP Planner II TOWN OF VAIL Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Summary of efforts made to communicate with adjacent property owners Dear Mr. Gibson: Per your recommendation, the following list highlights the efforts that have been made by our development team and the Lion Square North Home Owners Association to communicate our plans for redevelopment with adjacent property owners. EFFORTS AT COMMUNICATION WITH ADJACENT PROPERY OWNERS • Prior to the involvement of the current development team, numerous meetings were held between the Lion Square North HOA and owners of adjacent property. • Upon the engagement of the current development team, an initial meeting between representatives of the Lions Square North HOA, the development team and adjacent property owners was held. • Upon completion of the initial design submitted to the Town of Vail Planning Staff for review, the development team placed a call to the president of the adjacent property's HOA whereby the project was explained in detail and an offer of further communications was made. • Following the initial review of the project by the PEC, members of the development team and the Lion Square Lodge initiated a conference call with a designated committee representing adjacent property owners. The design was discussed in detail. • Immediately after a revision to the plans was completed(6/2/06) and forwarded to the Town of Vail Planning Staff, said revision was sent to representatives of the adjacent property owners. Said revision reflected a number of changes to the building suggested by the adjacent property owners. VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 • At the time of distribution of the plans to the adjacent property owners, the development team expressed an interest in discussing the plans with the adjacent property owners. • A conference call was conducted on 6/22/06 with representatives from the development team, the Lion Square HOA and adjacent property owners. The revisions to the plans were discussed and explained. REVISIONS TO THE DESIGN RELATED TO COMMUNICATIONS WITH ADJACENT PROPERTY OWNERS Numerous design concepts were considered by this development team and others prior to the decision to move forward with the current design concept. It should be noted that one of the primary reasons the current model was selected was the limited impact the project had on the adjacent property owners, as represented by the substantial amount of density and height that will be undeveloped. The following design modifications have been a result of communications with adjacent property owners: • The entrance to the first level of parking has been moved to under the West tower. This change allows for a landscaped separation between the proposed North tower and the adjacent property, which sits within 4 feet of the property line. • The Lion Square North Building currently extends onto an adjacent property through an easement. The portion of the building that currently extends onto the easement as well as the portion of the building that is currently in the setback will remain in place with no modification to the structure of the building other than material application to its exterior. • A sod and landscaped deck/terrace has been designed that will cover the parking on the ground level adjacent to the property line to the extent possible by current zoning. • The West tower was initially designed 10 feet off the setback, or 20 feet from the property line as a consequence of the adjacent property's close proximity (within 4 feet)to the property line. • The mechanical units on the roof of the building have been covered by a mansard roof. 2 of 3 VIELE DEVELOPMENT, LLC 1000 S.FRONTAGE ROAD WEST,SUITE 202 VAIL,COLORADO 81657 Telephone: (970)476-3082 Fax(970)476-3423 SUMMARY The design as proposed represents a fraction of what the current zoning allows and complies with zoning at every level. The HOA of the Lion Square North and the development team have been mindful of the impact this project will have on adjacent property owners from the beginning of the design process and have taken great efforts to preserve as much of the current character of the neighborhood as the economics of this project allow. In addition, the development team and the Lion Square North have been proactive in initiating a discourse with adjacent property owners and have made numerous design changes in an effort to limit the impact of the development on adjacent property owners. We look forward to the opportunity to present this project to the Planning and Environmental Commission. Thank you for your time and consideration. Best Regards, Y;:e/e--,___ David Viele Manager 3 of 3 k ' , II 4; 14 ._. .*`."..,,,,,,irl.,:::,,..:,...i., Atta chment: E ,'4 4 Asa { s t r . �, .l;;7 ,: likki A. 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I t. , � r k, ,> #P Attachment: F THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, August 1,2006,at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3,Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to * 4 Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Appellant: Vail Town Council and Montaneros Condominium Association, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. 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Ey � ,r a ,1 a P aJ r .,, a Z L__L hx', `H st 42:*N sx' o ` L. u an ohm °za .�, L.A. oz's 0Oo$ -fie .. -'," a -',4.2--- .v tom' f' °z , a` Z y ar r - z-^ -h� , v1 f �A 1. , g �'f �.rJ : t e /I .: ,k 7 ,..: , 4 p ��� ; Ur 9, +'ice . 0 3 N _ l= L Al H a ' w is Andrew D. Hudders 718 Broadway— 3B New York, New York 10003 and Unit 311 641 West Lionshead Circle Vail, Colorado 81657 June 19, 2006 Town of Vail Planning& Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge—North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning 16198.1 /3} J,f 1 556198.1 Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1 a of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code 00041066/3} 156198.1 which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers {00041066/3} 156198.1 detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, CLAs431)"..."-)------ Unit Owner/Tax Payer t 1 I 1 I 1 00041066/3) 1 156198.1 1 I 1 A RUDY BOSCHWITZ • :xtitPb ,States 5.extat.e (1978 - 1991) June 21, 2006 Town of Vail Planning&Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge —North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. 5401 EAST RIVER ROAD • MINNEAPOLIS, MN 55421 • (763) 571-2636 • FAx (763) 571-3411 {00041066/3} E-MAIL: RBOSCHWITZ @AOL.COM B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:la of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement {00041066/3} which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. {00041066/3} Similarly, Montaneros will not approve, or grant easements for, e avation shoring which must occur on Montaneros property to support the current proposed N rede elopment. For each of the foregoing reasons,we request that the LSN .pplication be ii enied. Thank you. Very Truly .urs1 t 0 R i I Bosch 't Orig i al Unit Owner(since building was constructed) U.S Senator(R, MN 1978-91) U.S ' bassador to the UN Commission on Hu Rights (00041066/3) 303 442 0191 Johnson&Repucci LLP 09:07:53 a.m. 06-23-2006 10/61 Telephone 717-643770 Email Malweiss59 @yahoo.com Malcolm D. Weiss DO. Board Certified in Family Practice 1189 Detwiler Drive York, Pennsylvania 17402 June 19, 2006 From: Property owner unit 210 Montaneros Condominium Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge—North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the • existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will (00041066/3} . 303 442 01 91 Johnson& Repucci LLP 09:08:1 6 a.m. 06-23-2006 11 /61 be engulfed in shade throughout the day duringthe winter months. The pool and hot tub which are used by owners and guests will be in the shade. rather than the sunshine. Because much of the arca will he always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally. we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain - resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth,create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. (00041066/3) 303 442 0191 Johnson&Repuccl LLP 09:08:40 a.m. 06-23-2006 12/61 C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposcd LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmcl, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements {00041066/3) 303 442 0191 Johnson&Repucci LLP 09:09:04 a.m. 06-23-2006 13/61 • from Montaneros which would undoubtedly he required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant casements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, Malcolm D. &Deborah A. Weiss Unit Owner/Tax Payer (00041066/3} June 19, 2006 Town of Vail Planning &Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge — North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an {00041066/31 millammilimmorsimmo expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:la of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros {00041066/3} was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. {00041066/31 Very truly yours, 11% , Unit Owner/Tax Payer 3 I 0 {00041066/3 Very truly yours, 11A4h/tf_ /) /A.1% .1//e— Unit Owner/Tax Payer O�5 {00041066/3} Y VOW'S'e /Tax Payer it,'ernit Own.���� • W t,: k4 - :ti▪ ° e \°'°'144 r 4°� z ilfiliki-WIttV::'41-*%---- ',,,''''.:-',:','''.-.' ' -1-: '-':--i-:-:----::::':,.----'.,'::-.-:::::,-'' 3 f �3 r▪` z I �` ` saes i r r ▪ , h3, ' a t+ { 1 P. e ?', s k40111$11/i44 x, 4 100041066/3} D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, v� Unit Owner/Tax Payer {00041066/3} must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, _ R M 02,1 Unit Owner/Tax Payer Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, c/pAiAtie...„ Diana L. Huckle Unit Owner/Tax Payer #306 {00041066/3} must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, Unit O r/Tax Payer -0-Z Z fre r 303 442 0191 Johnson& Repucci LLP 09:22:49 a.m. 06-23-2006 61 /61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, Maxine Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 414 • • Montaneros—Petition to PEC.DOC Page 4 of 4 303 442 0191 Johnson&Repucci LLP 09:21:39 a.m. 06-23-2006 57/61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, CZ.4_ ?(AA-x/ Chick Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 316 Montaneros—Petition to PEC.DOC Page 4 of 4 303 442 0191 Johnson& Repuccl LLP 09:25:52 a.m. 06-23-2006 4/4 FROM : LARRY RND LYN HICKS - FAX NO. : 3039866298 Jun. 23 2006 10:07AM P3 D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building,ingress./egress ramp and a paved parking lof_ This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth irn the Ordinance. According to the ordinance,the purpose of off street packing is insulating surrounding land uses from.the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking(ace 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but lIiirther,it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Torn Kassmcl, To Engineer, in his May 16, 2006 memorandum,Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However. notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such casements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole, Similarly.Montaneros will not approve, or grant easements for,excavation shoring which must occur on Montaneros property to support the current propesed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, , ✓ �/'/-,`m� latter, c.IF C. 1`/ice �, V / Unit Owner Tae.Payer (/n:t .3 i (0904106613) 303 442 0191 Johnson&Repuccl LLP 09:06:52 a.m. 06-23-2006 5/61 Peter V. Browning Managing Partner Vail Partners LLC Owners of Montaneros Units 418 and 420 And Tax Payer {00041066/3} j :. 303 442 0191 Johnson& Repucci LLP 09:11:04 a . 06-23-2006 20/61 JUN-21-2966 12 :93 All P. 04 a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D.PARK1RUSNISIQRESSTMESai With regard to parking and access to the parking lot, we strongly object to the location of pail:;.Ag spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance, According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further,it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. c Unit Ownx Payer A I-E36R.M R 1 M O G44 Vf`1 ■T 'Lot (00041066/3) cA Pr(1 Pacee kiir very parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E.NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, , A.Amy‘.) acqueliine E. Irwin Revocable Trust Jacqueline E. Irwin, Trustee Unit 421 {00041066/3} 303 442 0191 Johnson&Repucci LLP 09:17:56 a.m. 06-23-2006 44/61 �., iyi ivvv v, .u, rm.& vio4o00040 _ AVYbi 411005 must occur on Montaneros property to support the current proposed LSN redevelopment_ For each of the foregoing reasons,we request that the LSN application be denied. Thank you. Very truly yours, i o �'7 Unit Owner/Tax Payer • • D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property,the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Ve truly yours, A ,a.14.422,%"4„,..,_ A e/b Unit Owner/Tax Payer {00041066/3} Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. f\trtti►�'Yo s l!I ,1 ;�OC Montaneros, Unit 212 Unit Owner/Tax Payer {00041066/3} Very truly yours, Unit Owner/Tax Payer . L 5 Z4 /� {00041066/3} Very truly yours, Unit Owner/Tax Payer 0-0211 (00041066/3} Attachment: H 303 442 0191 Johnson& Repucci LLP 09:28:01 a.m. 06-23-2006 2/4 JOHNSON ' REPUCCI LISP ATTORNEYS AND COINSN.LoRS Al'LAW 2521 I3RonuWAY,Siam n Bol n,orR,Co LoRAI)o 80304 Ti-r.i•.I'I I UN I:303-442-1900 Alexanticr A. Prcisor TI F I I AX 303-442-0191 13oi'1.0IiR aaprcisor @j-rlaw.conu www.j-rlaw.em71 W1\I'r GR PARK June 23, 2006 VIA ELECTRONIC MAIL Bill Gibson Planner 11 Town of Vail 75 South Frontage Road Vail, Colorado 81657 • Re: Lion Square Lodge- North Building, June 2, 2006 Revised Drawings (PEC06-0019) Dear Bill: As you are aware, this firm represents Montaneros Condominium Association, Inc. (the "Association"). This letter follows up on our April 21, 2006 correspondence to you outlining the Association's objections to the proposed Lion Square Lodge— North Building redevelopment (the "Lion Square Redevelopment Proposal") and supplements the objections of the individual owners of units in Montaneros Condominiums. We are in receipt of the referenced revised drawings, and, for the reasons more particularly described in this letter, the Association continues to oppose the Lion Square Redevelopment Proposal. 1. The Lion Square Redevelopment Proposal continues to fail to achieve the objectives of the Lionshead Redevelopment Master Plan (the "Master Plan") and the LMU-1 Zone District. As noted in our prior correspondence, the Master Plan promotes the enhancement and strengthening of the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. This concept is repeatedly emphasized throughout the Master Plan. Similarly, the Town's Zoning Regulations recognize the importance of ensuring adequate light, air, open space and other amenities within the LMU-1 Zone District. Nevertheless, the Lion Square Redevelopment Proposal continues to ignore these fundamental design objectives. The revisions to the Lion Square Redevelopment Proposal include no changes to address the concerns previously raised by the Association related to elimination of both view corridors and sun access. This is readily apparent from a review of the sun shade analyses included in the referenced June 2, 2006 submittal. 2. The Lion Square Redevelopment Proposal continues to violate the Town of Vail Zoning Regulations. (a) East 'lower. Presumably in response to Association's objection to the improper use of the easement conveyed by the Association to Lion Square North Condominium Association sonie 30 years ago, as more particularly described in prior communications to the 1000417}4,f; 303 442 0191 Johnson&Repuccl LLP 09:28:18 a.m. 06-23-2006 3/4 Bill Gibson • June 23, 2006 Page 2 Town, the plans for the new cast tower of the Lion Square Redevelopment Proposal have been revised so that the existing one-story building located on the boundary of the Montaneros and Lion Square properties will, according to the developer, remain in place and the tower will be erected thereon. Nevertheless, engineering of the proposed east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing building to support the proposed east tower. Any reconstruction of the existing building violates the Zoning Regulations applicable to nonconforming structures and impermissibly expands the use of the casement granted by the Association and, thus, should be denied by the PEC. (b) Parking Structure. In response to the Town's concerns regarding the parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in the revised plans to include a covered parking structure. However, the roof of the proposed parking structure encroaches into the required ten foot setback area. We understand from Mr. Viele that this overhang will be removed, but the Association continues to object to the current plans provided. In addition, we understand that there will be a retaining wall which is either part of, or immediately adjacent to, the parking structure, as well as a fence atop thereof, located approximately 18 to 24 inches from the property line within the 10 foot setback area. Moreover, we note that the proposed parking plan, including the valet parking system, appears impractical, unworkable and not in compliance Town's Development Standards. We urge you and the PEC to carefully review this proposal. (c) Variances. The revised plans for the east tower and parking structure of the Lion Square Redevelopment Proposal arc clearly impermissible under applicable zoning regulations, and, as more particularly detailed in our April 21, 2006 correspondence, there are no grounds to support the issuance of variances to permit these structures. 3. The Lion Square Redevelopment Proposal continues to violate the private property rights of neighboring property owners. • (a) Easements. Despite Mr. Vicle's statements to the contrary, based upon our review of the Lion Square Redevelopment Proposal, we believe that both temporary and permanent easements over Montaneros property will be required for such redevelopment. We see no way that the proposed structures can be erected without crossing onto Montaneros property and thus requiring easements. More importantly, the Association has serious concerns about Mr. Viele's claims that no excavation shoring will be required offsite, and, thus, no easements are required for this purpose. The wall of the Lion Square parking structure is proposed to be located within a few feet of the Montaneros building, seemingly requiring at a minimum temporary, and possibly permanent, easements for excavation shoring to protect the Montaneros building. Please be advised that the Association will not approve any work on its property, or grant easements to Lion Square for any purpose, in connection with the currently existing Lion Square Redevelopment Proposal. 303 442 0191 Johnson& Repucci LLP 09:28:39 a.m. 06-23-2006 4/4 Bill Gibson June 23, 2006 Page 3 (b) Protective Covenants of Vail/Lionshead, Third Filing'(the "Covenants"). We continue to urge the Town, as a party with enforcement rights under Section 19.1 of the Covenants, to take into consideration the criteria for approval of development plans dictated by the Covenants, which criteria include "the effect of any proposed improvement on the outlook of any adjacent or neighboring property." On behalf of the Association, we thank you for your continued time and assistance with this matter. Very truly y' Alexat der . Preiser cc: Matt Mire Rick Travers Montaneros Condominium Association Town of Vail Planning and Environmental Commission Dr. and Mrs. Michael Clayman 1440 Church Street, N.W. Apartment 504 Washington, DC 20005 phone 202-265-5556 fax 202-265-4749 Montaneros#214, Vail, CO email elainencosmeticdds.com May 4, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members: We are writing to express our opposition to the proposed expansion by Lions Square North. We purchased a condominium in Montaneros a year and a half ago. We are a couple nearing retirement, and we plan to spend our summers, and a portion of the winter in Vail. Beautiful views and bright sunshine are what attracted us to Montaneros. We sit on our balcony, looking out on the mountains, greeted by a sweeping vista of ski runs and blue skies. Our condo is on the 2"d floor. If Lions Square North proceeds as planned, our views, warmth and sunshine will be gone. Every homeowner in Montaneros recently paid an assessment to upgrade our building's exterior. We hope that Lions Square North will do an exterior upgrade as well. However, it should not do so at the expense of its neighbors. Any changes to Lions Square North that increase the height of the building will adversely affect Montaneros. Certainly, the addition of the towers will change everything. The Montaneros pool area will become a shaded and much less desirable place to relax and enjoy. The quality of our desired experience will be permanently downgraded. We have just completed interior renovations to our condo unit in anticipation of spending more time in our Vail home. Our expenditures—the initial investment, and the cost of upgrading our condo—were based on the assumption that our property would hold its value. It is most disconcerting to contemplate the negative impact of the Lions Square North new construction on our property's value. The Lionshead Redevelopment Master Plan (the LRMP) expresses concern with such issues, In Section 4 of the LRMP, Recommendations–Overall Study Area", the Town determined: "as development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain. These visual relationships strengthen the identity of Lionshead as an alpine resort... Visual connections to the natural environment should be established utilizing the following techniques: 4.3.1.1 View Corridors. Creating and establishing view corridors is an effective way to link the urban core of Lionshead to the natural environment of Gore Creek and the mountain. The master plan is recommending the creation of several dedicated public view corridors. In addition, all private development and redevelopment should endeavor to create visual connections from and through their properties." (Emphasis added) The LRMP recognizes in Section 4.3.1.2 the east-west orientation of buildings in Lionshead and proposes a solution to their impeding views of Vail's natural environment. It states: The predominant east-west orientation of buildings in Lionshead acts a visual and physical barrier, interrupting the connection to the natural environment. It should be the priority in future development to orient vertical building masses along a north-south axis whenever possible. This will help accomplish the following objectives: a. Sun Access, b. View from New Buildings, e. Views from Existing Buildings, d. Creation of Streets. (Emphasis added) It seems clear that the proposed changes to Lions Square North do not meet these objectives. Quality of life is why we have chosen Vail. Everything in life is not about maximizing monetary profit. Lions Square North can accomplish building upgrades without doubling in height and irreversibly impacting Montaneros. We are asking for your assistance in preserving that special quality of life for the Montaneros homeowners. Sincerely yours, to Elaine Clayman • Michael Clayman May 11,2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 RE: Lion Square North Remodel Dear Sir or Madam: We have reviewed Lion Square North's Preliminary plans for remodel and we for the foregoing reasons most vehemently protest the approval of such plans. We are the owners of unit 208 Montaneros, which is on the lower level just above the parking garage. The unit is located on the eastern section of the complex. The Arrabelle project has blocked all views to the east. If the Lions Square North project is approved it will block our southern or mountain view. The combination of both plans will significantly diminish the value of our investment. In addition to the above we are concemed for the encroachment of the property and the shading of the common area which includes the pool, hot tub and landscaping. Thank you for your consideration. •.in �-r'yIy k - r Mark I. O'Dell 1310 Highway 33 Kearney, MO 64060 Tele 816-628-6668 cc: Alexander A. Preiser Johnson and Repucci LLP 2521 Broadway, Suite A Bolder, CO 80304 303 442 0191 Johnson& Repucci LLP 09:12:03 a.m. 06-23-2006 24/61 .ufr.Vvu s,..,u rnn ovoro'Jcan Liur Wult:IC MAKIJ 1003/003 JiJ James L. Johnson Business Phone& Address (608)754-1159• FAX(608)754-3288 May I9,2006 Planning and Economic Development Commission Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Commission Members, As owners of Montaneros Unit#308 neighboring the proposed Lion's Square Lodge North Major Exterior Alteration as presented by Viele Development, we want to go on record as STRONGLY OPPOSED to this project as presented•It would have a moor negative impact upon our property. Our objection to the plans as presented are based on at least the following major issues: 1. Property line setback and encroachment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property—especially our pool, hot tub, and sun deck area. 4. Major negative impact during construction. 5. These plans are not any way near satisfying the Lionshead Redevelopment Master Plan. If this proposal were to be approved,the negative impact for us would not only impede the personal enjoyment of our property at Montaneros,but would severely hurt rental revenue for us as well. How does Viele expect to build such a monstrosity to and over our pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials on our pool and deck! As you know,we just completed last year a major redevelopment and exterior renovation of our Montaneros property. Our plans and completed projecthad no negative impact on our neighborst Only positive aesthetic improvements to our Lionshead neighborhood were accomplished,which benefits everybody. Sincerely yours, ran Ann Johnson 1307 WOODMAN RD. •P.O. BOX 3100 •JANESVILLE,WI 53547-3100 Scott Wilmoski 10655 West 1921x1 Place - Spring Hill, Kansas 66083 May 11, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Re: Proposed Expansion/Remodel Lionsquare North Commissioners: I have been the owner of Montaneros#217 since 1990 and have enjoyed all of the attributes the town of Vail and, specifically, Lionshead, affords me when I stay in my condo. I also find the unique size and setting of Montaneros to be very appealing. It has come to my attention that Lionsquare North is considering a significant expansion and remodel. I have thoroughly reviewed the proposed drawings that have been submitted for consideration. While I applaud this building's efforts to update their facility more in line with the Vail theme, I find the proposed expansion to absolutely disregard the impact on the entire Montaneros complex. This expansion would virtually eliminate my view of the Vail Mountain. It would shade our pool area and landscaping that we have spent an exorbitant amount of money, time and planning to create an eye appealing and useful green space. This complex is expanding vertically, as well as horizontally, and creates very little useful green space like most other developments in the Lionhead area. It takes on an appeal more like you would find in Manhattan, New York, than in an Alpine Village. I am appealing to your long-range planning as you review the Lionshead area to reject this expansion proposal as submitted due primarily to its material impact on an existing revitalized and remodeled structure(Montaneros), as well as the lack of accompanying green space for a development of this size. Should any of you need to discuss this issue in greater detail with me, I will make myself available. I can be reached at 913/592-2767 or swilmo @aol.com. Sincerely, • ■••Zud)-Y2,(V-L-:- 401 I AP. Cott Wilmoski cc : Mr. Alexander A. Preiser Johnson & Repucci, LLP 2521 Broadway, Suite A Boulder, Colorado 80304 ce�tz R.es%c ence 520j c,auLe j RLver AyI-ve Stowe Mo cvttai,n, GrA 3008f 88 Fax: y707932-0153 E-144.0 a: W1,1,4 usA @co vu.cast.wet Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members; I am writing this letter as an owner of a condo in the Montaneros for the past 13 years. My concern centers around the massive expansion plans now being considered at the Lion Square North building. As you are fully aware, the Lion Square North building is directly south of our building and if the current plans are made a reality, our pool and plantings will be in the shade in the prime summer months. I realize that our view corridor is not protected, but a major draw to renters and owners in our building is the view of the mountain we currently enjoy. The expansion of Lion Square will totally obliterate these and, as a result, the value of our property. At issue is also an encroachment onto our property and proposed exposed parking spots. All of our owners are in total agreement with the idea of improving the appearance of Lionshead and, to this end, as owners in Montaneros, took on a major assessment to improve our building's exterior and install a sprinkler system. The owners of Lion Square North could have followed our lead, paid an assessment and improved the exterior appearance of their building. Instead, they have opted to turn over their building to a contractor and ignore their neighbors to the north. This disregar for neighbors would never happen in Aspen. Please, do not let it happen in Vail. 1 M st s'ncere our , r' an Gel Unit 211 Montaneros Cc: Mr. Bill Gibson and Alexander A. Preiser 05/19/2006 13:46 FAX 6087543288 LIONS QUICK MARTS 1002/002 JJJames L. Johnson Business Phone & Address (608) 754-1159 • FAX (608) 754-3288 May 19, 2006 Planning and Economic Development Commission Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Commission Members, As owners of Montaneros Unit#308 neighboring the proposed Lion's Square Lodge North Major Exterior Alteration as presented by Viele Development,we want to go on record as STRONGLY OPPOSED to this project as presented, It would have a major negative impact upon our property. Our objection to the plans as presented are based on at least the following major issues: 1. Property line setback and encroachment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property—especially our pool,hot tub, and sun deck area. 4. Major negative impact during construction. 5. These plans are not any way near satisfying the Lionshead Redevelopment Master Plan. If this proposal were to be approved,the negative impact for us would not only impede the personal enjoyment of our property at Montaneros, but would severely hurt rental revenue for us as well. How does Viele expect to build such a monstrosity to and over our pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials on our pool and deck! As you know, we just completed last year a major redevelopment and exterior renovation of our Montaneros property. Our plans and completed project had no negative impact on our neighbors! Only positive aesthetic improvements to our Lionshead neighborhood were accomplished, which benefits everybody, Sincerely yours, cr-:: :`t-) "LP\ Jim.an Ann Johnson 1307 WOODMAN RD. • P.O. BOX 3100 •JANESVILLE,WI 53547-3100 Leslie Tillman - Fwd: Lions Square North Pa•e 1 From: Bill Gibson To: Leslie Tillman Date: 06/23/2006 12:59:56 PM Subject: Fwd: Lions Square North >>> "Hudders, Andrew"<AHudders(a�graubard.com>06/20/2006 9:16:20 AM >>> Dear Mr. Gibson: Attached is a copy of my petition opposing the redevelopment of Lions Square North. In addition to the statements of the formal petition, I just want to let you know that I purchased my unit a couple of years ago, before all the redevelopment plans started to become public. Since then, I have become increasingly upset by the amount of building and the sizes of the buildings proposed and being built in the Lionshead area. I live in New York City, and I have the impression that the Lionsquare area is becoming a much more urban development in a very short timeframe than the village in which I originally bought. Overall, my impression and belief is that the quality of life and holiday experience is decreasing. I find that I am taking my vacations elsewhere rather than going to Vail as a result of all the changes around my unit. When I go to the trouble of flying to go skiing or biking I want to get away from the big city environment that is some much a part of my life in New York. Yes, Vail - Lionshead is not the concrete jungle of New York City, but it is no longer the mountain village of several years ago. I am not against the overall intent of improvement of the Lionshead area. But the Lions Square Lodge development is purely for pecuniary gain of that complex and the builders and related industries. The expansion, to my mind is not contributing to the betterment of the services of the area. Rather, it is merely a further impingement on the environment and my complex at the cost of both. It will mean more cars, more noise, more pollution in the immediate area, less light, impaired views if any are left and greater urbanization of the village. There is an overall acceptance and encouragement of urban sprawl that is occurring in Vail. I cannot see that there is a need for more residential or rental units in the immediate area of the gondola at the cost of the aforementioned factors. I urge that general development be encouraged down valley or on the north side of 1-70 and improvement to the public transportation of the town and county that would make those areas more accessible to the central village and the ski resources such that residents and visitors living and staying in those other areas would not believe or feel themselves isolated. I urge you and the planning commissions of the town of Vail to reconsider the proposal of Lions Square Lodge and deny them. Andrew Hudders Andrew D. Hudders Graubard Miller The Chrysler Building 405 Lexington Avenue New York, NY 10174-1901 Phone: 212-818-8614 Fax: 212-818-8881 Visit our web site at www.graubard.com The information contained in this e-mail message is privileged and confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or is the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you