HomeMy WebLinkAboutVAIL LIONSHEAD FILING 3 BLOCK 1 LOT 8 LION SQUARE NORTH COMMON 2Bit:l|nglss&
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 guesls 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 pertorming arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
3) Stronger Economic Base Through lncreased Live Beds
ln 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) lmproved Arcess and Circulation
The flow of pedestian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
5) lmproved lnfrastructure
The infrastructure of Lionshead (streets, walkways, transportation systerng
parking, utilities, loading and delivery systems, snow removal and storage' capacity) and its public and private seruices must be upgraded to suppott
redevelopment and revitalization eftorts and to meet the service
expectations of our guests and residents.
6) Creative Financing for Enhanced Private Profits and Public Bevenues
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 easl side of
lhe property, will increase the vitality of the Lionshead area adjacent to the Lion
Square Lodge North property.
The existing Lion Square Lodge Nor,th 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 funclion as 'Warm beds" (not "hot
beds"). The proposed major exterior alteration only includes the conslruction of
additional dwelling units, and as allowed by the provisions of the Lionshead
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The Lion Square Lodge North has been, and plans to continue, coordinating with
development project to improve the access, circulalion, and
of Lionshead adjacent to the site.
Ghapter {: Master Plan Recommendations
Section 4.3 of the Lionshead Redevelopment Master Plan address the physical
connection of Lionshead to the nalural environment. Sub-Section 4.3.1.1
address the need for the preservation "public" view corridors (none ol which exist
near this $ite), but nol the preservation of 'private" view corridors. Sub-Section
4.3.1 .2 recommends a north-south axis orientalion for buildings to lessen
negative iinpacts to sun access and mountain views for streets and existing
buildings.
Statf believes the applicant has addressed lhis plan recommendalion by
designing "tower-like" addilions to the west and east ends to lhe exisling Lion
Square Lodge building. The existing building has an easl-wesl axis orientation
which can not be re-oriented without the demolition of the existing building. Slaff '."u"**rrriurriq,rr
believes the proposed "tower-like" additions will have much less impact to sun
or ews than a zoning compliant design adding building bulldmass and
a larger area, or the entire area, of the existing building.
Section 4.6 of the Lionshead Fledevelopment Master Plan addresses vehicular
and circulation. Staff believes the applicant's proposed landscaping
and sile ents, plus ongoing coordination with the Arrabelle project
improve thp vehicular and pedestrian traffic and circulation adjacent to lhis site.
Mixed Usp 1 District, no accommodation or fractional fee units are proposed. lt
is anticipated that both the existing and new dwelling units will conlinue to
function aB "warm beds" in the same manner as.the existing Lion Square Lodge
North.
Section 4.p of the Lionshead Redevelopment Master Plan addresses parking.
The proposed major exterior alteration provides sufficient parking for the
proposed {rew uses and remedies an existing non-gonforming parking situation
for the existing Lion Square Lodge North dwelling units.
Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing.
The applicqnt is proposing to mitigate the Lion Square Lodge North's employee
housing needs by purchasing and deed-restricting an off-sile employee housing
unit of no less than 700 sq. ft. and one bedroom in size. The Town of Vail
Housing Gbordinator has determined that the applicant's proposed mitigation
meets the Town's employee housing requirements and is consistent wilh the
mitigation rhethods approved for other similar re-development projects.
Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art.
Since the L{ion Square Lodge North is not located on the Lionshead "retail mall",
the applicant is not proposing any public art at this time.
access
height r
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Chapter 5: Detailed Plan Becommendations
Section 5.12 ol the Lionshead Redevelopment Master Plan addresses the
entirety ol 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 tratfic 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'{his sile. 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 Masler Plan and the Lionshead
Mixed Use 1 Dislrict.
Chapter 8: Architectural Design Guidelines
ln 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 lor compliance with both the Town of Vail's general
design guidelines and the architeclural 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
!?%i;i,I};7,',2:,$,#,2"^E:!:31i;'J"##"?^,,i,!r?ifoi#,f "iEifi'i;#!!'intent of these Guidelines and the tenants described herein" ralher than the strict
and literal compliance with the guidelines.
Slaff believes the applicant's proposal is consislent wilh the architectural slyle
encouraged by the master plan and the character of the recently developedire'
developed adjacent Antlers, Marriotl, Montaneros, and Arrabell.
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There are several "quantitative criteria" oullined in Chapter 8 of the Lionshead
Redevelopment Master Plan related lo building eaves, wall surfaces, wall spans,
ridge heiglirts, building materials and colors, and roof dimensions and pitches.
This majorl exterior alteration conforms to the guidelines for wall spans, building
materids dnd colors, roof dimensions, and roof heights. The proposal does nol
conlorm tp the roof eave heights, roof forms, wall surface, or wall span
requiremepts. Staff believes these devialions are caused by the existing building
form and design. Staff believes the applicant's requesl meets the intent of these
guidelinesi 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 elemenls limited to 500 sq. ft. in size. The proposed new
elemenls bf 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
, of this guideline the applicant is proposing to construcl new
mansard
the existi
rmprove
line (less
feet from
That the pfoposal does not otherwise have a significant.negative"etfect*onr*eqr*rro-rrvr''
the character ol the neighborhood; and, ':'. 'r'!:.'.''*r'.4'
Staff Response:
Statf has the proposal in an attempt to identify any significant negative
impacts may be created on the character of the neighborhood as a result of
the of the project. The proposal conforms to the development
standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in
keeping the general architectural style encouraged by the Lionshead
R enl Masler Plan and the general characler of the recently
adjacent properties including Antlers, Marriottl, Arabelle, and
As with olher redevelopment projects in Lionshead, such as the Arrabelle, this
proposal will affect sun/shade and lhe 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 Square Lodge North building. However, the non-conforming, close
proximity pf the Montaneros building to the Lion Square Lodge North property
hipped roofs features. These mansards and hipped roofs will mask
large flat roof, give the appearance of a pilched roof building, and
overall aesthetic quality of the building.
1 foot) and the location of the Montaneros swimming pool patio (6
property line, 3 feet from the easement) exacerbate lhe shading
etfect of tfris proposal. Staff believes the applicant's two "lower-like" elements
will have less impact to sun/shade and private views than other design
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.
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This proposal is subject to review by the Town of Vail Design Review Board. The
Board is charged with ensuring thal this proposal complies with both the Town's
general design guidelines and lhe architectural design standards ol 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 Departmenl, there will be an
increase of 7 vehicle trips lo 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 significanl negative
effecl upon the character of the neighborhood; instead this proposed major
exterior alteration will redevelop the Lion Square Lodge North to be mor'e in
keeping with the intent of the Lionshead Redevelopment Master Plan.
4. That the proposal substantially complies with olher applicable elements of
the Vail Comprehensive Plan.
Staff Response:
Staff has reviewed the Vail Comprehensive Plan to determine which elernenfis1sf' r "..rzrre,rul
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
recommendalions of the Transportation Master Plan. Therefore, Staff believes
this proposal substantially complies with the applicable elements of lhe
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, Slafl believes that the applicant has presenled evidence that the proposed
major exterior alteration is in compliance with the purposes of lhe 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
negalive effect on the character of the neighborhood, and that the proposal substantially
complies wilh other applicable elemenls of the Vail Comprehensive Plan.
MITIGATION OF DEVELOPMENT IMPACTS
Emplovee Housino
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 exlerior aleration proposals.
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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 slaff in the
past to evaluate employee housing needs. The guidelines contained wilhin the
report were used most recently in the review ol 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 recorhmended ranges of
employee housing units needed based on the type of use and the amount of floor
area dedicated to each use. Ulilizing the guidelines prescribed in the Employee
Housing Fleport, statf analyzed the incremenlal increase of employees (square
footage per use) that results from the redevelopment.
The figures idenlified in the report are based on surveys of the commercial-use
employment needs of the Town of Vail and other mountain resort communilies,
As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had
"employment generation" ordinances reouiring 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 '. ir *,,vtt,'F:.
lo provide housing tor 40/" (0.40) of the new employees, Aspen requires that
60% (0.60) of lhe new employees are provided housing, and Whistler requires
lhat 100% (1.00) of the new employees be provided housing by the developer.
In comparison, Vail has conservalively determined that developers shall provide
housing tor 15h (0.15) or 30% (0.30) of the new employees resulting from
commercial development. When a projecl is proposed to exceed the density
allowed by the underlying zone districl, the 30% (0.30) figure is used in ihe
calculation. lf a project is proposed at, or below, the density allowed by lhe
underlying zone districl, the 15% (0.15) figure is used. Since this proposal
complies with the allowed density, lhe 15% figure has been used-
Emolovee Generation Calculations
a) Multi-Family (Dwelling Units)I new units proposed @ (O.4/unit)
b) Retail
650 sq. ft. @ (5.0/1000 sq. ft.)
= 3.6 employees
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-restricled employee housing unit ofl-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 applicanl's employee
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housing mitigalion proposal and has delermined that proposal meets the Town of
Vail's employee housing requirements and is consistent with other mitigation
proposal approved for similar development projects,
Par*ino
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 conliguration shown on the original condominium
plat ol the project was nol construcled. 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 alteralion, 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 surlace 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 Hom, 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 lrips.
Landscapinq/Streetscape
As noted above, the applicant is proposing to install a sod roof covering over the
majority of the parking area 10 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, lhe applicant is . proposing to re-landscape the site (including trees,
shrubs, planting beds, sod, etc.) to provide both scr.eening of the building and an
improved street presence for the property. The applicant will be coordinating the
installalion of landscaping with the Arrabelle development project.
Goordination with Other Redevelooment Proiects
As noted by lhe applicanl, Lion Square Lodge North has granted easements and
access agreements to Vail Resorts for pedestrian and vehicular circulation,
conslruclion staging, water retenlion, and utility upgrades associated wilh the
Arrabelle redevelopment project. The applicant will also be coordinating the
installation of their proposed landscaping wilh the Arrabelle developm.ent project.
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New Retail Use
The existing Lion Square Lodge North consists of only dwelling units. As parl of
this requested major exterior alteration, the applicant is proposing lo construcl a
new 650 sq. ft., first floor, retail space adjacent to the pedeslrian path on the east
side of the building. This new retail space transforms this exisling wholly
dwelling unit building into a mixed-use project in keeping wilh the intent of the
Lionshead Redevelopment Master Plan.
Art in Public Places and Off-Site Roacl/Streetscaoe lmorovements
At this time the applicant is not proposing specific contribulions to art in public
places or off-site road/streetscape improvements adjacent to the Lion Sguare
Lodge North (currently being constructed and lunded by Vail Resorts as part of
the Arrabelle development project).
srAFF RECOMMENDATION
Staff recommends lhe Planning and Environmental Commission evaluale if a
contribution to an 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.
Slatf also recommends the Planning and Environmental Commission consider
forwarding a recommendation to the Vail Town Council to amend the "build-tolines" of
the Lionshead Redevelopmenl Master Plan to allow the applicant to construct lhe
proposed parking area sod roof within the required setback. Staff believes extending the
sod rooJ and crealing a conlinuous lawn/landscape area between the Lion Square Lodge
Norlh and the Montaneros better meets the intent of the Lionshead Redevelopment
Master Plan than the strict application of the l0 foot setback requirementprescribed by
the Lionshead Mixed Use 1 District. Staff believes such an amendmenl to facilitate a
conlinuous lawn/landscape area would create a '\ruin-win-win" for lhe Monlaneros, Lion
Square Lodge. North, and the Town of Vail's citizens and guests.
The Communily Development Department recommends that the Planning and
Environmental Commission approves With conditions lhe request for a final review of
a major exterior alleralion, 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 Lipnshead PlacelLot 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 Vlll of this
memofandum and the evidence and testimony presented at the public hearing.
Should the Planning and Environmental Commission choose 10 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 rc consr,stent with applicable elements
ot 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, Statf recommends the following conditions:
' Prior to Aoolication for Buildino Permits
1) Prior to application for building permits, the developer must obtain Town of Vail
Design Review approvalof this proposal.
2) Prior to apptication for buitding permits, the developer must obtain Town of Vait
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 Reauestinq.a Temooraru Certificate of Orcuoancv
4) Prior to requesting a temporary certificate of occupancy for this proposat, the
developer shall provide one deed-restricted employee housing of no less than
700 sq. ft., with no /ess 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. ln addition, the deed-restrictions shall be
legalty executed by the Developer and duly recorded with the Eagle County
Clerk & Recorder's Office, prior to the issuance of a temporary ceftificate of
occupancy.
5) Prior to requesting a temporary certificate of occupancy tor this proposal, the
developer shalt be assessed a transportation impact fee in the amount of
66,500 per increased vehicle trip in the peak hour generated by this proposal.
Per the Traffic Srudy dated June 15, 2006, this maior uteior alteration will
result in 7 additional vehicle trips in the peak hour. Therefore, the applicant
shalt pay a transportation impact fee of $45,500. At the sole discretion of the
Town of Vail Public Works Director, sqid fee may be waived in full, or part'
based upon the completion of certain off-site improvements.
For the Life ol the Proiect
6) For the ffi 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.
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A.
B.
c.
D.
E.
F.
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ATTACHMENTS
Vicinity
Applicant'Zoning Calculations
Master Plan Compliance Analysis
Mitigation of Development lmpacts Letler
Employee Housing Mitigation Leiler
Letter about Communication with Adjacenl Properties
,rchitectural Plans
Adjacent Ovuners' Conespondence
Applicant'
Applicant'
Proposed
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Attachment: A
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ltt""J,,t't, e LION SOUARE LODGE - NOR
Zoning Calculations
6nn6
Propos€d Unll6
Tol,al Units
Existing
New R6quired
Retail
25% max, Exl6
9x19
50% max, ErtB
Compects
Full
Valet
!9-, ^ - ,"-,
Soosf area or less
: 500 sl are€ or less
: 500 sf roof a.e€ or less
Prcpared by: Melick AssociatEs
*r",., " r( A s s o., ^ r r, ," I oAttachment C
LION SQUARE LODGE - NORTH
PROJECT COMPLANCE - Lionsheod Redevelopment Moster Plon
6/2/06 Submittol lo Community Development for the PEC ond DRB opprovol Process
CHAPTER 5 - LION SQUARE LODGE
Troffic Concerns -
The vehiculor circulolion wos primorily deolt with by Voil Resorfs during the opprovol process for
the Arrobelle proiecl. Siie occess vio Lionsheod Ploce wos reoligned fo occommodote both
surfoce ond sub ferroin occess lo the Arrobelle proiect for both lodging vehicles ond delivery
vehicles. A new curb cut wos odded olong the soufh of Lionsheod Ploce lo serye os the new
fronl door to the Lion Squore Lodge providing goted ond porking occess for lhe focility. A curb
cul hos been odded olong the soufh property line ofthe North proiect lo provide occess to lhe
new lower level of porking. The existing curb cuf olong the wesl properly line of the Norfh
prolecl hos been moinloined ond shifted opproximolely five feet to the norlh lo provide occess
to the surfoce porking. Service vons will use this enlry pbint, under the west building, to service
the building.
A froffic impoct study hos baen provided by Kimerly Horn to study the froffic impocls of odding
nine new condominium unils to the Norlh proiect. They olso provided the troffic impoct study
for the Arrobelle so they ore fomilior wifh fhe surroundings. Their report siotes lhol no ,
infrostructure upgrodes ore required os long os no more lhon l3 unifs ore odded to the proiect.
Pedesfrion Conneclion between the Moin Buildinq ond fhe Norfh Buildinq -
Pedeslrion occess befween the Moin Building ond the North Building wos primorily deolt with by
Voil Resorls during the opprovol process for lhe Arrobelle proiect. A cross wolk hos been
provided ocross Lionsheod Ploce beiween lhe lwo properties lhot ties into the sidewolk olong
ihe north side of the reoligned Lionsheqd Ploce. The primory pedeslrion enlronce to the North
proiecf is fhe eosl lobby entronce in the eosf fower olong lhe eosf side of the property. This
provides o cleor pedeslrion conneclion qnd defined vehiculor corridor belween the Moin
Building ond the North proiect.
Ski Yord Pedesfrion Access -
Ski Yord Pedeslrion Access wos primorily deolt with by Voil Resorts during the opprovol Process
for the Arrobelle proiecl. Access to the ski yord is obloined from norlh ond soulh of fhs Eosl
Building. The North building proiect does nof impocl ski yord pedestrion occess.
Potentiol Developmenl ond Redeveloomenl Scanorios -
The North proiect is undertoking moior exterior renovolions with fhe oddition of lwo new
condominium fowers to fhe eosl ond west of lhe existing building. This odditionol density hos
been designed within the cllowoble requiremenls of lhe Lionsheod Mixed use I (L/vlu-l)
District.
25i 07 GENESEE TRAIL RD
ARCTIII€CTUTE SUIIE ONE HUNORED OI{E
I N T E R I O T S GOLDEN CO SO,TOI
PLAN NING IEL 303.53',I930
www.MELlcK,coM FAx 303.534. I 93r
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CHAPTER 6 - S]TE DESIGN GUIDETINES
Primorv Pedestrion Molll- nol opplicoble
Pedestrion Moll - nol opplicoble
Primorv Pedestrion Wollk -l-l-!!!!a!4gl:!glr-,.g!a
%ll R.t"t*.lt prr"ldl"Sfhe snowmehed sidewotk olong lhe north edge of Lionsheod Ploce osYO KeSOrIs ls Provrqrng rne Snowm€treq stoewotK qtong rne norrn esge (,r Lrol
port of the Arrobelle prdjecl. The North proiect will be providing o londscope buffer befween
the sidewolk ond ihe uniis lo lhe norlh. This londscoping will be ochieved with o mix of
deciduous ond evergreqn tr€es lo prolecl views ond sun exposure. Ornomeniols, perenniols
ond onnuol flowers will be provided foro wide voriely of textures ond seosonol color. The
londscope moleriols will nol interfere with lhe pedestrion wolk or snow sforogi requiremenls ol
molure growth.
I
Secondorv Pedesirion Wglk - not opplicoble
Pedestrion Pofh -
The Norlh proiecl is odding o pedeslrion pofh for occess lo the first floor unils lhol will nof be
snowmelled. The moleriols will be integrolly colored slomped concrefe consislenl with fhe
surfoce finishes being usbd ol lhe Moin Building pool deik. The widfh of lhis secondory
pedestrion wolk will be five feel. Lighring long this pofh is provided with low pothwoy bollords
consisteni wifh the orchilecturol design guidelines. A lown will be provided to lhe south of lhe
poth os o lronsition lo fip bermed londscoping lo lhe south olong Lionsheod Ploce. This zone
will be defined by o low ilone woll.
Fences ond Enclosures -
Service functions for the f.torth proieci ore being ochieved wifhin the building foolprinl ond
fherefore will not require supplemenlol fencing, The ouldoor hoi lubs will be screened ond
privofized with the use of lerroced sfone wulls softened wilh londscoping to the soulh of the
west lower. A new lronsformer will be locoled to the wesl of lhe west lower ond will be
screened ond softened with the use of londscoping.
Complionce wilh Town of Voil Slreetscooe Mosler Plon
CHAPTER 7 - DESIGN STANDARDS
Londscooe Areo -
A minimum of 20% of thq site will be londscoped os required. (see colculolions ottoched)
Sile Coverooe -
A moximum of 70% of thg site will be covered by slruclures os required. (see colculolions
ottoched)
Sefbocks -
A minimum of o len foot detbock will be provided os required. The exisfing one slory struclure
in the Prescriplive EosemQnl olong lhe norlh property line will be left in ploce ond reclod with
slucco lo be in keeping with the new design.
Gross Residentiol Floor Aleo (GRFA) -
TheGRFAwill noiexceed250sf of GRFAforeoch lOOsf of buildoblesifeoreo. (see
colculstions ond drowingsl depicting limits otfoched!
Vehiculor Pedeslrion Refhil Slreet - nof opplicoble
Densilv -
o
The density will not exceed 133% of the exisling number of unik. (see colculofions otfoched)
New Unit Definifion - nol opplicoble
Buildinq Heioht - olso see Chopter 8
The building height will nol exceed 7l feef (overoge) ond 82'5 feet (moximum).
CHAPTER. 8 - ARCHITECIURAT GUI DELINES
Archiieclure -
The form ond mossing of the building provides for o comfortoble pedeslrion scole ond olso
bresks down lhe scole of the building utilizing o bose, middle ond top.
Buildinq Heiqht -
Th" brildl"s-[ight firs within the moximum ollowoble of 7t feet (overoge) ond 82.5 feef
(moximum). ThJ moximum initiol eove heighr folls within the ollowoble for'remoining building
fronloge'. The verticol woll foce dimensions ore broken wilh horizoniol sleps, chonges in
motertl ond color lo breok down the mossing of the building in order lo provide for o higher
quolify ond more inferesling orliculotion.
Exterior Wolls
Th" ".t"ri"^olls ore designed wilh o bose, middle ond lop. The rhythm ond order of fhe
renovoled exterior on the existing building ore dictoted by fhe exisling condilions. An efforf hos
been mode to breok lhe roof lines ond decks. Goble roof forms hove been odded ot the deck
elemenfs fo breok ihe confinuous horizonlol line on lhe building ond lo provide on A, B rhythm.
This is slso enhonced with fhe use of pointed melol roilings ond bolusfers ot fhe bolconies' A
monsord roof elemenf hos olso been odded olong the perimefer of ihe building, between lhe
goble roof forms over lhe deck, lo soften ond provide detoil fo fhe new elevofions. The eosl
ind west ends of the exisling building ore olso defined with o higher roof forms ond differenl
yet compolible orticulolion. This orticulofion ond vocobulory of moleriols o-nd treolmenl ore
whoi define ihe eosf ond wesf lowers fo provide for o uniform lreotmenl of the building
exlerior.
Moleriols ond Colors -
Ttt" bor. is defined eilher with o different dorker slucco color or slone, os well os o breok in
plone. The middle is defined by o lighter color of stucco. The top is defined by o chonge in
moleriol ond lexture with verticol siding the some color os fhe 'middle' slucco olong with fhe
roof ond chimney form. All trims, eoves, rokes, lrims, doors, ond limber elemenls ore whife.
Window clodding is bronze. The colors were chosen to blend with the surrounding sfructures
while providing o visuol ond psychologicol wormlh to pedeslrions.
Window Sizes. Shopes ond Tvoes -
All windows ho"" o .onsirfEfrf size ond proportion lhroughout ihe elevotions. Operoble
windows will be cosement. The windows will be oluminum clod, bronze. All windows will be
lrimmed, the color while.
Bolconies, Guordroils ond Hondroils -
Th" b.|.."igr h*. b*n locofed to provide functionol outdoor spoce ond olso lo provide
oesthelic benefil ond detoil lo the building exferior. Where bolconies ore noi proclicol, they
hove been odded to the building exterior os o 'romeo ond iulief' bolcony to provide visuol deioil
ond inlerest to ihe building exteiior, The moteribls lo be used for lhe hondroil, pickels ond
.
posfs will be pointed -"tol. Th" design of the roiling sptem is potlerned ofter the order of the
building exterior elevofions.
Roofs -
o
The roof forms being usfd include monsord roofs ol the existing flol roofs, goble roofs over
existing bolconies, ond tiipped roofs with gobled roofs copping lhe new sfruclures. The
monsord roof form on fHe existing building is o proclicol meons of tying ihe existing slruclure
info the new design elerirenls of lhe renovoled exferior ond new lowers. The struclurol copocity
of the existing building vlill not lolerole the oddition of o full pitched roof. Adding o full pitched
roof to the existing buildlng would qlso greotly diminish ihe view corridor being moinfoined
between the lwo new loipvers for fhe properties to lhe norlh. The predominont goble roof forms
being used loke their cub from lhe simple, frogmenfed, goble roof forms of Europeon villoges.
Roof overhongs will be cpnslrucfed wilh the minimum 30 inch eove ond rokb overhongs olong
with lhe minimum of l8 inches of secondory roof forms. Ridge bqoms ond oufriggers will be
visuolly slurdy members !f 6x or 8x minimums. Roffer toils ore nol port of the exlerior building
vocobulory ot this lime. f,he roof pitch will be o 12:12 occepl os noted otherwise on lhe
drowings. Snow fences dre being provided in locolions lo prolecl pedestrions below from
folling snow ond will be fointed mefol. Gutters ond downspouk ore plonned to be inlegrol to
lhe roof forms wilh inlerior downspouls.
Fireoloces ond Chimnevs -
Sfucco chimneys with opdn mefol cops lo promole oir flow ond screen spork orreslors ore being
provided for fireploce chimneys.
Porking -
Porking Structure Design
1. Surfoce Porking 122 surfoce porking spoces ore provided wilh occess from the romp
olong lhe north flroperty line.
2. Porking Decks - Q4 porking spoces ore provided in lhe lower porking level wilh occess
from fhe rcmp from lhe soufh opposite fhe Anllers curb cul. The decks ore primorily flot
excepf for whof iC required lo properly droin fhe decks.
3. Struclured Porking
o. Porking Sloces - The enclosed porking spoces ore 9O degrees lo lhe drive oisle
ond 9' x '19', with 8' x l6' compoct porking spoces not exceeding 25% ol the
totol of f\e totol required porking spoces. Volel porking (13) spoces ore 8' x,l8'
ond do ndt exceed 50% of lhe required porking.
Height Clporonce - The.heighl cleoronce of the porking slructure will be o
minimum of 7' cleor.
Drive Aislbs - The drive oisles ore iwo woy ond 24' wide.
Romps -lhe romps belween levels ore 24'wide with l2% slope.
Needs Aslessmenf ond Vehiculor Circulqtion Porking
Porking Cpunt
Moinloin fxisting
New for New Condos
o. Existing crlrb cul ond romp locolion to remoin bosicolly lhe some.
b. New romp inio ihe new lower level porking slrudur€ is locoted opposite the
curb cuf ld lhe ,\ntlers,
24' wide fwo-woy drive oisles occommodoie 90 degree porking slolls.
Grodino
I . Moximum Finishe{ Grode - The moximum finished grode does nof exceed o 2: I slope,
The nolurol slope bf the site is relotively flot. New groding lo occommodoie droinoge
will be blended info the noiurol fopogrophy.
2. Conslruction Fence - The consfruclion site will be properly surrounded by o non-
removoble consirrJclion fence during lhe construclion process.
c.
d.
4. Porking
o.
38
l32
53
(l .4 spoces for eoch unil)
5.
3. Erosion Confrol - Erosion conlrol meosures will be utilized using lhe best monogement
proclices. The erosion conlrol plon will be prepored by o registered Colorodo
Profussionol Engineer,
Reloinino Wolls
l. The retoining wolls will be designed ond stomped by o licensed P.E. Tenoce lond*ope
wolls will be wilhin the 4' - 6' moximum height ronge. Due lo fhe relofively flot noture
of fhe site refoining wolls will nof exisl on slopes o<ceeding 30%. These wolls will be
veneered wilh slone.
Geolooic/Environmenfol Hozords -
1. The site does nol contoin snow ovolonche, debris flow, rock foll, unstoblb soils or slopes
or wellonds.
Aftachment: D
VIELE DEYELOPMENT, LLC
1000 S. FnourAGE RoAD wEsr, Surrr 202
vArL,CoLoRADo 81557
Telephone: (97 O) 47 6-3082
Fax {e70) 476-3a23
J*" 20, 2006
Bili Gibson, AICP
Planner II
Town of Vail Planning DFpartmedt
75 South Frontage Rd. West
Vail, Colorado 81657
Ps.Et Mitigdtion oJ Developlnent lmpact
Dear Mr. Gibson:
Per the request of the Town of Vail Planning and Environmental Commission and per Section 12-
7H- I 8, 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 Sguare North Building:
MTTIGATToN oF DEVELoPMENT llvtpAcrs
New Retail Use
650 square feet of retail qpace 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 ofl site employee hor.rsing unit will be purchased and deed restricted by the developer. The unit
will have a minimum of bne bedroom and 700 sguare feet and will be located in the town of Vail.
Parking / Sod Roofeil Courtyard
. The redeveloprnent of tlie Ijon Square North Building will bring the current parking situaEion into-
comirliance with the bonshead 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 suplace 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
-DEOVE
212006
OF VAIL
f= /-\t= tf -r.b \2
JUN
TOWN
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landscaped courtyard between t}re two buildings.
VIELE DEVELOPMENT, LLC
1000 S. FnoNracr Ro.c.n WEsr, SulrE 202
V.rrr-, Colon,lDo 81557
Telephoner (970) 476-3082
Fax (970) 476-3423
Pedestrian Access
In 2005, an access easement was granted to Vail Resorts by the Uon Square NortJr Building HOA
to allow for vehicular and pedestrian trafffc across the south side of the Lion Square Nort}
Property. This easement was granted with the expectation that the redevelopment of the Uon
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 tlrough the south side of the Lion Square Nort}
property will be heavily landscaped and will have a berm to provide for separation from the Lion
iqrru." 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 Sfieet Lighting
The pedestrian access around the south side of tlle Lion Square North property will have a
steetscape 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.
Tralfic 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 plarming stalf and consistent with tralEc impact
fees of other approved projects.
Benefts provided to Yail Resort to Enable Arrabelle ond Lionshead. Redevelopment:
Numerous easements and access agreements were provided to Vail Resorts to allow for pedestrian
and vehicular circulation, construction stagng, water retention and utility upgrades throughout the
core of Lionshead. AII were granted with the expectation and r:nderstanding that the
redevelopment of furabelle 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.
2of4
o
VIELE DEVELOPMENT, LLC
1000 S. FnoNTAGE RoAD WEsr, SUITE 202
VAIL,Coloneoo 81657
Telephone: (970) 476-3082
Fax (970) 476-3423
CoRor.Lanv sENEFITs oF IJoN SQUARE NoRTH REDEVELoPMENT
Under Utilization of pevelopment Potential
After substantial evaluatidn, the Uon Square North HOA and the developer chose not to maximize
redevelopment to the extgnt possible by zoning standards in an effort to maintain as rnuch of the
current character of the neighborhood as possible. The Lionshead Master plan allows for
considerable bulk and ma$s: the re-development plan, as proposed, am.ounts 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 redeveloprDent 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 Functiondl Upgrade to the Ptoperty
While the direct benefft of the proposed redevelopment will accrue to the property owners of t}re
Lion Square North Building, the plan provides for a needed upgrade to an old and architectr:rally
unappealing building. The Lionshead Master Plan was seated 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 tbe area.
llp7raded Ffue and Life Safety System:
We recognize that the benefft 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 riote that this redevelopment is
allowing that to happen in a timely m:uurer, with a minimal impact to the surrounding areas.
Simply put, the economic of the proposed plan allow for this upgrade. Given the increasing fire
danger in our region and the ability ofa Iire to spread quickly in our Valley, each and every upgrade
can be viewed as beneffting the whole.
3of4
SUMM.{RY
The proposed development plan represents over live 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 Sqirare North Building. The project
received unanirnous 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 derelopment impact mitigation efforts. We have included a retail use that currently does not
exist on t}i property, have covered tfie parking to the extent zoning currendy allows, we have
developed less th"" h"lf of tltu GRFA we are allowed under current zoning and are 30%o below the
n""r"g" h.igk reguirements. ln summary, we have gone to great lengt}s to be mindfirl of adjacent
p.op"ity own"r, und have made.major modifications to our design in an ellort to address some of
th. .ott..* 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 tjme and consideration.
vIELE DEVELOPMENT, LLC
1000 S. FnoxrAcE RoAD WEsr, SUIrE 202
VenrColonnDo 81557
Telephone: (97O, 47 6-3082
Fax (970) 476-1423
Best Regards,\:frruff{ L't-'e
David Viele
Manager
4 of4
Attachment E
vIEtE DEVELOPMENT, LLC
1000 S. FRoNTAGERoAD rcsr, Sulrx 202
VArr, CoLoRA.Do 81657
Telephone: (970') 47 63082
tz>r(970) 176-342.1
June 15, 2006
BiIl Gibson, AICP
Plariner lI
Towa of Vail Planniog Depa.rtuent
75 South Rontage Rd. West
Vail, Colorado 81657
RE: /Jon Sqaatc Lodge-Nort: Emplo7ee Housiag
Dear Mr. Gibson:
Per our discussions .wit[ tLe Town of Vail Planning Stall and with the Town of Vail Housiag
Deparbrrent reg*di"g tli" Employee Housing Requirement.for the redevelopment of the Lion
Sguare Lodge North buillding, we ProPose to Provide an off-site solution to me61 qur "r"floyee
housing requirement. Our interpretatiou of tbe employee housing regulations for tle Town of
Vail, specl0c to the Lionshead Master Plan, is as follows:
EMPLoYEEGBm,ATToN:
Multi Familv Req uirenent:
.4 per unit
* 9 units
= 3.6 Employees Geuerated
Modi.6er = l5oZ as the project comphes with Zoning
Employee Housing Reqr{irement for Coudominium Uses: 3.6 * '15 = .54 Beds
Aequitement: Proviile One EmploSrce Bed
Retail/ Commercial Requirement:
5-8 per 1000 SF
8/ 1000
* 650 SF of Commercial Space
= 5.2 Employces Generated
Modi.frer = l5olo as the project complies with Zoning
Employee Housing Requirenent for Retail Uses: S.2 l' .15 = .78 Beds
&equitement: Provide One Eaployee Bed.
Per the above calculatio*, 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 [V Employee
VIELE DEVETOPMENT, LLC
lfi)o S. fRoNracERoAD WEsr' Sun8 202
. YAILTCoLoRADo 81657
Housing tlrit witl one bedroom., within the town of Vail, The unit will be a miaimum of 7fl)
squa.re feet.
Please call wi& any questions related to tbis proporal.
Best Regards'vH
'DavidVide
Manager
Attachment F
VIELE DEVELOPMENT, LLC
1000 S. Fnonreos RoAD WEsr' Sunp 202
Yet6ColonnDo 81657
Telephone: (970)476-3082
rax (970) 476-1423
June 23, 2006
Bill Gibson, AICP
Planner II
Town of Vail Planning Department
75 South Frontage Rd. West
Vail, Colorado 81557
RE: Suamary
"J "n ^ made to communicate with adiocent property owners
Dear Mr. Gibson:
per your recommendation, the following list highlights the eIfors that have been made by our
development team and the Lion Square North Home Owners Association to commurdcate our
plans for redevelopment pith adjacent ProPerty owners'
ErFoRTs AT CoMMuNIcATIoN wrrH ADJACENT PRoPERY owNERs
r Prior to the involvement of the current development tearn, numerouli meetings were held
between tle borr Square North HOA and owners of adjacent ProPerty.
Upon the engagement of the current development team, an initial meeting between
representatives gI the Lions Sguare North HOA, the development team and adjacent
property owners was held.
Upon completion of the initial design submitted to the Town of Vail Planning Stail for
review, dre development team placed a call to the president of t}le adjacent ProPerty's
HOA whereby the project was explained in detail and an offer of furt}er communications
was made.
Following the inlEial review of the project by the PEC, members of the development team
and the Lion Sqrrare Lodge initiated a conlerence call with a designated committee
representing adjacent property owners. The design was discussed in detail.
lmmediately after a revision to the plans was completed (6/2/06) and forwarded to the
Town of Vail Pllnning Sta{f, 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.
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VAIL
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vIEtE DEVELOPMENT, LLC
1000 S. FRoNTAGE RoAD WEsr, SUIrE 202
Verr,ColonlDo 81657
Telephone: (nq 476-3082
Fax (970) a76-3a23
At the time of distribution of the plans to the adjacent ProPerty owners ' the development
team expressed an interest in discussing the pians with the adjacent ProPerty owners.
A conlerence call y,,1s conducted on 6/ 22/06 with representatives from the development
team, t.l1e Lion Square HOA and a jacent property owners. The revisions to the plans
were discussed and explained.
RryrSlONS TO THE DEsIcN RELATED TO CoMMUNTCATIONS WITH ADJACENT PROPERTY OWNERS
Numerous design concepts were considered by this development team and others prior to the
decision to mov-e forward with the current design concept. It should be noted that one of the
primary reasons the current model was selecteJ was tlhe limited impact the project had on the
adlacent property owners, as represented by the substantial amount of density and heght 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 t}e
adjacent property, which sits within 4 feet of the property line '
The Lion Square North Building currently extends onto an adjacent ProPerry through an
easement. ih. portion of the bullding that currently extends onto t-he easement as well as
the portion of tbe building that is currently in the setback will remain in place with no
*oii.fr."tiorr to the structure of the building otler 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 Poss'ible by current zoning.
The west tower was initially designed l0 feet off ttre setbad<, or 20 feet from the property
line as a consequence of the adjacent property's close proximity (within 4 feet) to the
properry line.
The mechanical units on the roof of the building have been covered by a mansard roof'
2 of3
Sumiilenv
The design as proposed
zoning at every level.
njndful of the irnpact
desigr process and have
neighborhood as the
Lion Square North have
have made numerous
ProPefty owner8,
We look forward to the
Commission. Thank you
Best Regards,
David Viele
Manager
YIELE DEVELOPMENT, LLC
1m0 S. FRoNTAGE RoAD WEsr, SUITE 202
Yetr.' Cor,oneoo 81657
Telephone (970) 475-3082
Fax (970) a7G3423
a Faction of what the current zoning allows and complies with
HOA of the Lion Sgr.rare North and the development team have been
project will have on adjacent prop€rty owners from the beginning of the
great efforts to preserve as much of the current character of the
sf this project allow. In addition, the development team and tJre
proactive in initiating a discourse with adjacent proPerty owners and
cbanges in an elfort to limit the impact of tLe development on adjacent
'rtunity to present t}is pioject to the Planning and Environmental
vour time aud consideration.
3 of3
Attachment G
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Andrew D. Hudders
718 Broadway - 38
New York, New York 10003
ano
unit 311
641 West Lionshead Circle
Vail. Colorado 81657
June 19,2006
Town of Vail
Plaruring & Environmental Commission
75 South Frontage Road
Vail, CO 81657
Dear Cornmittee 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 fie height of the center section portion of
the bnilding 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 SLINLIGHT
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 sirade throughout the day during the winter months. The pool and hot tub which
are used by owners and guests will be in the shade, railrer than the sunshine. Because much of
the area will be aiways in the shade, ice will not melt causing potentially dangerous conditions.
During the summer months, tire pool will be in the shade and additionally, we believe that the
surVshade analysis for the proposed br"rilding 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
plrrposes is to ensure adequate light, air, open space and other appropriate amenities to maintain
the clesirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning
10004r066/3|
156 t98. I
Ordinance are "to provlde for adequate light..." and to "conserye and maintain established
community qualities
air.
economic values. This proposed project eliminates adequate light and
One of the primary Ie 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 $rountain and sky. The proposed building expansion by LSN would
destroy these mountain riiews. These views are one of the primary reasons for owning property
in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in
Section 4.3.1.1 establi public vigw corridors to protect views in public areas and suggests
that "all private and redevelopment should endeavor to create visual connections
from and throueh their ies." The Master Plan further provides in Section 4.3.2, "physical
connections to the natunal environment are essential to the experiential quality of a mountain
resort." The vision stalement of the architectural design guidelines in the Master Plan also
addresses specific desi$n considerations "such as addressing views." The purpose of the
architectural design guidplines as set forth in Section 8.2 is to "enhance the existing experience
within the community, ir{rprove the quality of life, focus direction for future growth, create visual
hannony and improve prfoperty values for businesses and homeowners." The proposed massive
expansion by LSN rath$r 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, eliminales visual connections. In section l2-l-Zl.la of the zoning ordinance of
the Town of Vail, the Tpwn has recognized that the ordinance's general purpose is to promote
development of the Tolvn that "will conserve and enhance its natural environment and its
established character as { resort and residential community ofhigh quality: Specific purposes as
set forth in l2-1-2:b off the Zoning Ordinance are "to provide for adequate light..." and to
"conserve and maintain qstablished community qualities and economic values. It is clear that the
proposed expansion by ILSN is contrary to the intent and purpose ofboth the zoning ordinance
ald 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 sectionl of the zoning ordinances, including tJre setback requirements. LSN
proposes to build an 82 rfoot eastern tower atop an existing one-story building which is built to
the property line and
Montaneros disnutes
an easement for a deck overhang onto the property of Montaneros.
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 d the existing one-story building but rather to "leave it in place."
However, construction ofithe proposed multi-story tower atop the existing one-story building will
undoubtedly require, at { minimum substantial reconstruction of the existing building. This type
of reconstruction of a
structure as may be pe
10004r066 / 3 )
t56t98.1
brming structure is not merely an enlargement of the existing
r{n itted under the Town Code. but rather is contrarv to the Town Code
t
which provides for the limitation of the number and extent of nonconforming uses. Therefore,
colstruction 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,
th.e properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros
was aiready constructed at the time a portion of its lot was transferred to the builders of LSN.
Altliough Montaneros' westem section is immediately adjacent to the propeffy 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 ofthe zoning
ordinance.
Finally, the plans provide for a covered parking structure, flre walls and roofofwhich encroach
into the mandatory i 0 foot setback. A 20 foot setback also should be required for this stmcture.
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,
ilgress/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 l*g. 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 confbna 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
cuneptly contemplated in order to be able to access several ofthe contemplated parking spaces.
In leality, 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 uecessary permanent and temporary
easements for construction. In his June 2,2006 conespondence to Bill Gibson, Town Plarurer,
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
l(10041066 i 3 I
t 56 t98.1
a
Very truly yours,
J\-*/v--_
Unit Owner/Tax Payer
{0004r066/31
t56t98.1
Ruprr Boscrrwrrz
tHntteb f,tatw $tnate
( 197A - r 991)
June 21, 2006
Town of Vail
Planning & Environmental Commission
75 South Frontage Road
Vail, CO 81657
Dear Committee Mernbers :
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 undersigred 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 ofthe height ofthe 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 wilt be in the shade, rather than the sunshine. Because much of
the area wilt 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 insuffrcient
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
pqposes is to ensure adequate light, air, open spacc and other appropriate amenities to maintain
the desirable qualities of Lionshead. Specific purposes as set forth in l2-l-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.
54Ol EAsr Rrvep Rolo o MItqNeapoI,Is, MN 55421 c (763) 57 1-2636 r Far< (765) 571-3411{00041066/l} E-MArL: RBoscnwtrz@Aol.coM
o
B. MOUNTAIN VIEWS AND CONNECTION TO NATIJRAL ENVIRONMENT
One of the primary desipable 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. i 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 developqrent and redevelopment should endeavor to create visual connections
from and through their pr]operties." 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 statFment of the architectural desigr guidelines in the Master Plan also
addresses specific desig{r 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 pr$perty values for businesses and homeowners." The proposed massive
expansion by LSN rathef 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, eliminatBs visual connections. In section l2-l-Z:la of the zoning ordinance of
the Town of Vail, the Tdwn has recognized that the ordinance's general purpose is to promote
development of the Town that l'will conserye and enhance its natural environment and its
established character as a resort and residential community ofhigh quality; Specific purposes as
set forth in l2-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to
"conserye and maintain established community qualities and economic values. It is clear that the
proposed expansion by tSN is contrary to the intent and purpose ofboth 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 [f 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 dther 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 i'ninimum substantial reconstruction of the existing building. This tpe
of reconstruction of a nonconforming structure is not merely an enlargement of the existing
structure as may be perntitted under the Town Code, but rather is contrary to the Town Code
which provides for the litritation 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, t}te 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 westem 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 l0 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 roofofwhich encroach
into the mandatory l0 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 l0 foot setback. In its plairs, LSN proposes to eliminate all of the
existing green ar€a 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 ofthe 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
detimental to the Montaneros properfy, the Montaneros owners and the Town and its residents
and guests as a whole.
{ooo4t066 / 3}
Similarly, Montaneros
occur on Montaneros
For each ofthe foreeoi
Thank you.
{0004t066 / 3}
not approve, or grant easements for,
to support the currentproposed
reasons, we request that the LSN
U.S
U.S
{d{'il
was constructed)
MN 1978-91)
to the UN Commission
Rights
Johnson & cenuccr r-le I
Malcolm D. Weiss DO.
Board Certified in tr'amily Practice
1189 Dehviler l)rive
York, Pennslv znia 17 402
June 19r 2006
From; Properfy owner unit 210 Montaneros Condominium
Town of Vail
Planning & Environm cntal Commission
75 South Frontage Road
Vail, CO 81657
Dear Committcc Members:
Please consider this letter with othcr letters from unit owners in Montaneros as a petition
opposing the proposed expansion submitted by Lion Square Lo<tge - North Building (hereinafter
refcrrcd to as "LSN"). We the undersigned are owners of units in thc Montaneros Condominium
building, and taxpaycrs in the Town of Vail. Thc propoqed expansion is contrary to the intent
and purpose of the Lionshead Redcvclopment Mastcr Plan (hereinafter tbe "Master Plan") and
violates the Development Ordinances of the Town of Vail. Thc proposed construction which
includes two towcrs, 82 feet in hcight, and increases of the heigftt of tbe center scction portion of
tbe building from the existing 35 fcet to 42.5 feet, will substantially and advcrscly impact
Montaneros,itsownersandallofthegucstswhovisitVailandstayatMontaneros.
the mandatorv l0 foot sotback. A 20 foot setback also should be reouired for thie stsucture.
D. PARKING AI\TD INGRLSS/EGRESS
With regard to parking and access to the parking lot, we stongly obJ'ect to the location of
parking spaces within the mandatory l0 foot setbaok. In its plans, LSN proposcs to eliminate all
of the existing grccn arca betwcen its building and Montaneros and replace it with a building,
ingress/egress ramp and a paved parking lot. This is clearly contary to th€ interest and purpose
A. LACKOF SI.INLIGHT
With resard to the sun/shade anal)Lsis presented ty LSN- it indicates that at the oresent time the
€xistins LSN bnildinF has no impact on t}le Montaneros oroperty during either the sunrmer or
winter. If the progoscd massive expansion is aoorovcd. the Montaneros building and units will
10004r066/3)
oefs "... 06-23-2006 10 /613os 442 c|l 91
't'
303 442 01 91 Johnson & ReDuccl LLP ]:ra
a.m.06-23-2006 11 /Ol
B. MOTIJ'ITATNVTEWS AND CONNECTIoN To NATTIRAL E].WIRO}.[MENT
One of the primary desirable qualities which Vail desires to be preserved'i, th" vi"r"'of ir,"
rnountain and its natural beauty. At thc present time, the Moutaneros unit owners .h4ve ,a4
expansivc view of the rllountain and sky. The proposcd huilcling expansion Qy LSIrl;,qould
9tt_Toy thcsc mountain views. These views are one of the,primaryie.gs-ns forlownjng B,ropertyin 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 sug€ests
that "all privale development and redevelopmcnt should endeaVor to create .visual connediions
from and thror'rgh their properties.". The Master Plan further providgs in Sgction 4.3.2,,r!_nysicat
connections to the naturril environment are essential to the experiential qualify 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 oftthe
architectural design guidelines as set forth in Section 8.2 is to "eirhancc.thc existing p4pericnse
within the community, improvc the quality of life, focus direction for future growth, ireaie'visual
harmony and improve prgperty values for businesses and homeowners." The proposed massivc
expansion by LSN rather than creating visual harmony and connections to the mountain and
creating counections to the environment as part of the cxperiential quality of a first slass
mountain resort, eliminates visual connections. In section l2:l'2:la of thc zoning ordinancc of
the Town of Vail, thc Town has recognized that the ordinance's general puposels to promotc
development of the Town that "will conserye and cnhance its natural environment and its
established character as a resort and residential community ofhigh quality: Specific purposes aS
sct forth in l2-l-2:b of the Zoning Ordinance are..to providc for adeqna,te tigbt-..ii and to
"con5erve and maintain established community qualities and economic values.l It is clear that tbc
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 tbc mountain, light and air anrl maintaining
cconomic values. : . , :i ..:., ;, .' r
(0004r066 / 3l
303 442 rt1 Sl Johnson & RePuccr LLP o oefo..r. 06-23-2006
C. SETBACKS
'!l/ith regard to the LSN proposed building itself, we strongly object to any building that is in
violation of any scction of the zoning ordinances, including the setback requirements. LSN
proposes to build an 82 foot €astcrn tower atop an existing one-story building which is built to
tlrc property line and has an eosem€nt for a deck ovcrbang onto the property of Montaneros.
Montaneros disputes that LSN has a prescriptive eascment on Montaneros property for this
enoroachmcnt 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 rcconstruction of the existing building. This
type of rcconstruction of a nonconforming structure is not merely an cnlargemcnt of the existing
structure as may bc pcrmitted under the Town Code. but rather is contrary., to thc Town Code
which provides for the limitation of the nunrber and ex[ent of nonconforming uses. Therefore,
construction of the east tower of the proposcd LSN rcdevelopment wilho. ut a variance, which
cannot be justified under LhEse circumstances, violates thc Town Codc. Further, the easement
which allowed for the existence of the existing structure is for that purpose only. To changc the
us€ now existing in any way would be a violation of that easement.
The westem tower appears to be less than 20 feet from thc property line. 'As the PEC is aware,
the propertie.s upon which Montaneros and LSN are located, formerly wcre one,lot. Montanero!
was already constructed at the timc a portion of its lot was transferred to the builders of LSN.
Althougb Montaneros' west€rn scction is immediately adjacent to the ppperry line; it was not
when built. Accordingly, rather than a l0 foot sctbach LSN should be compelled to have at
least a 20 foot sctback from the property line to the west to mect tle intent and purpose,of the
zoning ordinance.
Finally, thc plans provide for a coversd parking structure, the walls and roofofwhich encroach
into of the Master Plan and Development Ordinance. It is requc.sted that any addition.to parking
be beneath thc Lions Square condominium building in accordance with the offstreet parking and.
loading requirements set forth in thc Ordinance. According to the ordinance,.the purpose of off
street parking is insulating sutrounding land uses from the irnpact of the parking area:and
requiring parking Lo be witlin the main building in order to avoid qr minimize the adverse visual
impact of largc concenkations or exposed parking (see l2-10-l). LSN should be reguired to
have all its parking within thc main building to avoid tle exposed parkiDg. It sbould also be
required to conform with all parking and loading zone requirements. Additionalln LSN is
proposiag a valet pruking system that would requirc numerous attendants and far more space
than currently contemplated irr order to be able to access several of the contemplated parking
spaces. In reality, the parking structure proposed by LSN is not ,only in violatibn of the
Ordinance but further, it is not a rcalistic and viablc w8y to park cars.
E. NECESSARYEASEMENTS
As recognized by Tom Kassmcl, Town Dngineer, in his May 16, 2006 memorandur4, Town
approval should be conditioned upon recordation of all necessary pofinanerrt and temporary
€ascments for construction. In his June 2,2006 conespondencc to Bill Cibson, Towu Planner,
Mr. Viele acknowlcdges this rcquirenrent. However, notably, LSN bas not requcsted cascments
12 161
100041066 / 3l
303 442 0191
lfiD,t1066/3)
f
:oa a-m. 06-23-2006
mdoubtcdly bc rcquired for the proposed LSN redcvelo,pme,lr!
to grant Eush easemenb for thc current plan which it considers
properly, the Montaneros ownenl and thc Town and its rcsidents
not approve, or grant casemcnts for, orcavation shoiing whicb must
13 /61
frorn Moutaneros which
and Montaneros is not
detrimental to thc
and guesb as a whole.
Similarly, Moutaneros
occur on Montancsos y to support the current proposed LSN redc\rclopmcnt.
For cach ofthc foregoing
Thuli you.
we requost that the LSht applioatio'n bc denicd.
Very trsly yours,
Malcolm D. & DcborrhA. Wciae
Unit Or*rncr/Tax Payor , i
l
l
'-.
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 Condomjnium
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 ofthe 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. lj.CK OF SUNLIGIIT
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
wint6r. 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 I2-l-2:b of the Zoning
Ordinance are "to provide for adequate light..." and to "conserye and maintain established
community qualities and economic values. This proposed project eliminates adgquate light and
air.
B. MOUNTAIN VIEWS AND CONNECTION TO NATTJRAL 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
{000,1t066 / 3 }
lo
expansive view of the mpuntain and sky. The proposed building expansion by LSN would
destroy these mountain viqws. 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 establisheg public view corridors to protect views in public areas and suggests
that "all private developnpnt and redevelopment should endeavor to create visual connections
from and through their prdperties." The Master PIan 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 statepent 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 "enbance the existing experience
within the community, imppove the quality of life, focus direction for future gowth, 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 experientiai quaiity of a first ciass
mountain resort, eliminates visual connections. In section l2-I-Z:la of the zoning ordinance of
the Town of Vail, the Tor{n has recognized that the ordinance's general purpose is to promote
development of the Towrl that "will conserye and enhance its natural environment and its
established character as a rysort and residential community of high quality: Specific purposes as
set forth in I2-L-2:b of tl[e Zoning Ordinance are "to provide for adequate light..." and to
"conserve and maintain estf,blished community qualities and economic values. It is clear that the
proposed expansion by I,SN 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 l,SN pioposed 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 fogt eastern to\per atop an existing one-story building which is built to
the property line and has :in 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 fcir any ot\er pu{pose. It has been indicated to the Town that it is no longer the
intent of LSN to rebuild lthe existing one-story building but rather to "leave it in place."
However, construction of thp 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 nonbonforming structure is not merely an enlargement of the existing
structure as may be permitded under the Town Code, but rather is contrary to the Town Code
which provides for the limilation of the number and extent of nonconforming uses. Therefore,
construction of the east tower of the proposed ISN redevelopment without a variance, which
cannot be justified under these circumstances, violates the Town Code. Further, the easement
which allowed for the existQnce of the existing structur€ is for that purpose only. To change the
use now existing in any way would be a violation of that easement.
The western tower appearc !o be less than 20 feet from the property line. As the PEC is aware,
the properties upon which N{ontaneros and LSN are located, formerly were one lot. Montaneros
(00041066 / 3l
was aheady 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 propefiy 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 INGRESSiEGRESS
With regard to parking and access to the parking lot, we strongly object to the location of parking
spaces within the mandatory l0 foor serback. In its pians, 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
appro.,,al should be conditioned upon recordation of all necessary permanent and temporary
easements for construcfion. In his June 2,2006 correspondence to Bill Gibson, Town Planner,
Mr. Viele acknowledges this requirement. However, notably, ISN 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 culrent 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 reguest that the LSN application be denied.
Thank you.
{ 00041 066 / 3 }
1qn41066 / 3l
o
{00041066 / 3f
{qn4ro65 / 3}
I t
Oumer/Iax Payer . .,,*ffi";,fr;;fr* /,/tvue*-7 T-
D. PARKING AND INGRESS/EGRESS
With regard to parking and access to the parking lot, we shongly object to the location of parking
spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the
existing greeu area between its building and Montaneros and replace it with a buildi"g,
ingress/egress ramp and a paved parking lot. This is clearly conbary to the interest and pu4tose
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
sheet parking is insulating surrounding land uses fiom 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 concon-hations or exposed parking (see l2-10-l). LSN should be required to
have all its parking within the main building to avoid the exposed pa*ing. It should also be
required to conforrn with all parking and loading zone requirements. Additionally, LSN is
proposing a valet parking system that would require num€rous attendants and far more space than
currently contemplated in order to be able to access sweral of the contemplated parking spaces.
In reality, the parking structurc proposed by LSN is not only in violation of the Ordinaoce but
further, it is not a realistic and viable way to park cars.
E. NECESSARYEASEMENTS
As recopized by Tom Kassmel, Town Engineer, in his May 16,2006 memorandum, Town
approval should be conditioned upon recordation of all necessary pemanent and temporary
easements for construction. In his June 2,2006 correspondence to Bill Gibson, Town Planner,
Mr. Viele acknowledges this requirenent. However, notably, LSN has not requested sasements
from Montaneros which would undoubtedly be required for the proposed LSN redevelopment
and Montaneros is not willing to grant such easemsnts for the current plan which it considers
detrimental to fhe Montaneros property, the Montaneros owners and the Town and its residsnts
and guests as a whole.
Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must
occur on Montaneros property to zupport the crurent proposed LSN redevelopment.
For each ofthe foregoing reasons, we request that the LSN application be denied.
Thankvou
Very truly yours,
n,W u*/ q/6
{00041066 / 3)
Unit Owner/Tan Payer
must occur on
For each ofthe
Thankyou
property to support the cunetrt proposedlSN redevelopmenl
reasons, we rquest that the LSN application be d€Nded.
Verytrulyyors,
nil-|
Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must
occur on Montaneros propefy to support the curent proposed LSN redevelopment.
For each ofthe foregoing treasons, we request that the LSN application be d€Nfed.
Thank vou.
Very tuly yourst /
'0*6/"'|/uDianaL. Huckle
Unit Owner/Tax Payer
#306
{0m4r066 / 3l
303 442 O19l Johnson & nenuccr LLP I
Montaneos - Pe0uon b PEC.DOC
such easements for the current plan which it considers detrimental to the Montaneros
property, the Montaneros ownero and the Town and its residents and guests as a
whole.
Similarly, Montaneros wlll 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,
t<?.il' lx:t./-*t'to'
Maxine Gleicher
./.L*rJr-,
Unit Owner/Tax Payer
Montaneros Gondominium Association
Unit 414
oefe ".r. 05-23-2006 6l
'61
Page 4 of 4
Johnson & eenrrccr ur-P I f:ae a.m. 06-23-2006
such easements for the cufient plan which it considers detrimenta] to the Montaneros
property, the Montaneros owners and the Town and its residents and guests as a
57 /51303 442 0101
whole.
Similarly, Montaneros wlll not approve, or grant easements
which must occur on Montaneros property to support the
redevelopment.
For each of the foregoing reasons, we rcquest that the
for, excavation shoring
cuffent proposed LsN
Thank you.
Montanercs - Petilbn lo PEC.OOC
Very truly yours,
Chick Gleicher
Unit Owner/Tax Payer
Montaneros Gondominium Association
Unit 316
LSN application be denied.
Page 4 of 4
303 442 0191
FRq.I
Johnson & Repuccl LLP O: LNRRY FhID'LVt HICKS
Thank you.
(00041066 / r)
FRX NO. : 3A39B5EZ9EI
onfz" '.
Jun. 25
06-23-2006
ffi 1,9:z?Fn
:
with ree11! to.p.*iqg a$d_uTs: t9 rbc. parking rod, wc stuotrgry osccl to the rooarion of parrirgrpaccs within the reandatory l0 foot serbaclc in its plaos, LSN pi6;r* to. ojiluio"r, dt of theexistisg gr€€[ rrcg bctqcoa ili |y.lairg aodvornanooJ -a i"pl""oii iir* r u.u-ahg ingrrssrogrces
:y^g.i-ry.n:.dli$mS tc't- T.ldN isilea.ly
"o,oUrryto Uu inr*esrabi pr.,rp*.
"f rn Musrcr plan
Tr':,:1H,or_dlrusa|. It is rcquestcd tb*t any additi-otr to perkhg,U'" Uir"ath nr r.ionr Sq;JGonorlm|Illum iluoltlg n accondslco with the off stscet parking €od haling requirernants set fbtt inthe Ordinence, nry*drs ,:-S. ordinaoco, tbo pu"fcc o,f otr Jo* prrfrioE i, t rui"riog r,*61odir,glard ures &mr the rnp*ct of tbe parking are+. aJd riquiring parxiogi..,ic firhi', u.r rmis uuildhg inqrder to avoid or rrinturize rrc "tr-erreiirual impeci of hig;;Grfr;d;; qp*.c pr*Gf;lz-lG'l). lsN rhould be required-to harr all-itr Frtin! wffii11 dri;d-uJiiaiss; ,",oidih,eryosed pa*ing. If shouldlhq t" rcquircd to confo; wfth ell pr*Jr,C asd-fqrding.;ii,ffi; *99{y, I{N is propoling e n{r.r p{$oe syrrt€ru rhat wO"ifa r"q"ir"i.,ffis;
Td rq T6e spccc thm currcntly oontcnrplated ia ordq to bc ablc to 8oc-rs sev{rNl oftbecomempEred pfnrtng spacc:.^ I ne{il; thr pnrking ftuctryc proPoscd by LSN is not mly inviolation ofrbc ordinascc bul firdret, ir ie aor u ioutisrii rnd viabtu'*"v to p.d .ars,
E. NECES,S,ARJ EASEMENTS
As rcmgnizod by Tora lfussarcl, Tonm Engiaocr, in hir [Iay 16, 2006. srcrnorarrduril" Torra pprovel
snouJd $ osrdirisraa upur tccordariot ir ur'o.".o"ty rrerrlr.ocrln aad tcrnporaty ea6emcdt6 fdcodstuofiotL In his Jrros Z" ?40,C_ cortespondcnas, ti -SiU
Gibrom, fo*n' itaincr. ,lvfr;,,Victc .adnrowlcdgoo.ly rueo_ir*cnrt Hgwever, noob!1', Ls}{h€s uof r"q,r&J.c&senr€ds aEE!flon&fleros whic.b would undoubto$t bc roquircd for thc proposod LBN rcee*.ctopmo4 anaMTtaS'os is not willing to grs$r suclasan mrnl for lhe curret; pia! wLich it colsidsn d€rtimsr."tal,lo the Monaflifos pfo,p€rty, thc M<rnraacsoc o.rvncm and thc To$a anrt its rrilsidgrds a$d gucsls as.a.rr&ole, : . ,, -r, ,,.i
'':':siEilsrly' Modarc{ot will uot $pprovE, or grant qss€rnds for,orloavntioo rhoriag n'bicb ttlpst oeora.U Mod€ne6o3 propcrfy to suppori tbo fl$rl8rt gnq2,c*gd L$t l rodwslopnreirf
,,
, ,
. , . ,i
Fo eaolr oftla foregolrrg r€ssole, \tr1s ncquesr rrrar uc usl\ apprieticn be dcaied. .:'
Lhil ornnrcr,'Ta* Payer
(/*:f 3 Zu
Johnson & RePlEcl
100041056 /rl
5
'6:l
303 442 bJ 91 Johnson & Repuccl LLP
JUI{-21-2996 l2 I OE A a'l
Thank you.
UDit ar Pa1'cr
Augffifa Rtr'noct+utr \t ILo?- .
t-tArnl PCoPERf, tgl
oe f+ ..rn. 06-23-2006
. - "lo
,ut
e 20 foot rstbeck &om thc property lino to thc uost to mE€t thc lmrnt nd purpose of the zonlng
ordlnanoo.
Flnally, thc plans lroviale for r eovcrcd parlclnt rtilcturrr tlto walk and roof of whloh moroacb
l"t" flil -*ia*"y l0 foot rctback e Zd Aot rafact< algo should bc rcquircd for thlr silruotrtc.
D. ?ARKlNo AI{D B'I(}FES S/EORtss
With regard to parkfurg rud acctse tolhs pa*ing lot, we stoggly object to tlre locrtioa of peri' :rg
sp"."s witrin tfi" tnanaatoty l0 fooi setback In itr plane, t-SN proposcc to olimlnrie all of tbe
.itcdng grccn greE betwesn, lu building aDd Mootanecoa and roplace it with r building'
ingedqlrEsr ramp and a pavcd parking lot. This ie clcarly contrary to thcinM and pqrporc
of-rbc lvlarter Plsn and Devolopment Ordlnance. lt ls roquested fhat any addition o perking bo
grnerrh rhc Lirons Squae condominium brdldiry in aooo'rdanae rvilh tha off stect parkbg't!'l
loading r€quircm6lttrrct forth in thc Ordinanco. Aooording to ftc ordlnanpc, thc pu4losc of ofi
st"rt pETHBS ir insUlatlag rurounding lard usos from tho impsot of the paddng'area md
rcqr*iiu parltng to bc wlthtn tbc EAiD buitding ir ordEr to avoid or mininlze the adrclae vlBtul
tmiart of t.rge eonpcrtadons or orposed pa*i4 (see 12-l$l). LSN should bo rygdree -ro
haw rll lts p.rtd"S within tha nutn buildlog to gvold rhe cxPorad p*b"p.- -It sbould rlro bc
rcquired b ;onfo; wlth dl pufing md toadlng zone EqultlmQuts. Addldonsllyi I,SN' is
priportqg a valot prt i,rg eystem tbat would requirc numcrous attcndrats an{ far-mort rpace than
-surisndy
coatsuplatod in ordcr lo bo abls to aoocst sevcral ofthe contonplated Dartiug spsees.
In r€"lii)', tho peiting etnrcture pro'poscd by I"SN lt nc only lt vlolaloo qf thc Odlnsnoc'but
intbcr. lt ls not a rpalistic and vieblo my to p$k oatl.
E.@ :
As recognized by Tom l$ssmcl. Toum Engiaocr,to hF May 16,2006 ncmorando.r to'.o
appoouai rhould bc oonditionsd opon rccoriadou of alt nsccseary parmancnt aqd tcmpo,rnry
cascmenrr for constuction. In hlr Junc 2,2006 corrcspondcncc to Bill Oibson Toun Planncr'
Mr. vlele actcaowledges this requltcocnt' I{owc\rcr, notsbly, LsN bb not nqucstcd sasanents
ftoo Montmetoc rn'bi.h would rmdoubtedly bc rcquired for tho proposcd LSN rsdsvelopncnt,
and Moarancror is rot wittlng o gnnt such eqscnrents br the ounEnt plm ufriclt ft cmslders
dckimcnhl to ihc Moabcror-profoty, 6a Montaneros orryuerc and the Towa and its resldents
ad gucsts as a wholc.
sirirriv, Montmsrqs wlll not rpprovo, or gpar sasementg for, oxcavatlon chorirg which must
occui on lvlmtancroi propcdy to $Dport tbc CuEcnt Fopotod LSN tudWelopnant
For cqoh of tbo foregoiog lEaton!! ufc fc{rlc$ tbrl the LsN ap'pllcation bc dcniod.
(000{1066 / 3)
t
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 concenhations 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 sffucture proposed by LSN is not only in violation of the Ordinance but further, it is
not a realistic and viable way to park oars..
E. NECESSARYEASEMENTS
As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 mernorandum, Town approval
should be conditioned upon recordation of all necessary perman€nt 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 €asements 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 vou.
Verv trulv vours. n
\' -'n i (- \/ \
>ern"J*a/ > A^^-*
E. Irwin Revocable Trust
Jacqueline E. kwin, Trustee
Untt42I
{0004r066 / 3}
"0. lor-uJjl "", ."",'"1t13?" ss'lffl :t""", 4 otifo ".m. ou-t"-roou*Oo, 44 ts1
ATU
rDust oc,Gur6, ItioDbnEmsynprty to sltFptrt ^l - qlrlEdpropoecd LSN! dtlqDtt d
For oach sf ths frrqohg rroald+ *r rcquost *rd ftc t SN applicdiou bc d!6icd-
Thmkfryu
Vcry trulyystrc,
tM u,/r"^d-U. tgr?
Y UnitOwuerffaxPeirq
D.
o
With regard to parking and access to the parking lot, we strongly object to the location of parking
spaces within the mandatory [0 foot setback. In its plans, LSN proposes to eliminate all of the existing
green area between its buildipg 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 ofoffstreet 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 cbntemplated 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. NECESSARYEASEMENTS
As recogrrized 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 conespondence to Bill Gibson, Town Planner, Mr. Viele
acknowledges this requiremedt. 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 easemedts for the current plan which it considers detrimental to the Montaneros
properry, the Montaneros owners and the Towa and its residents and guests as a whole.
,
Similarly, Montaneros will ngt approve, or gant easements for, excavation shoring which must occir
on Montaneros property to support the current proposed LSN redevelopment
For each ofthe foregoing reasons, we request that the LSN application be denied.
Thank you.
I
^h', r./c-
{00041066 / 3 }
,*a-'z--[hff /P
I
I
i
I
I
I
I
Finally, the plans provide for a covered parking structure, the walls and roof of which encroach
ioto tt " mandatory 10 foot setback. A 2d foot setback also should be required for this structure'
D. PARKING A}ID INGRESS/EGRESS
With regard to parking and access to the parking lot, we strongly object to the location ofparking
spaces within the mandatory 10 foot s*back. In its plans, LSN proposes to eliminate all of the
"*irt-g green area b"twe"n its building and Montaneros and replace it with a building,
irrg."rj"!"rs ramp and a paved paxking tot. nris is clearly contrary to the interest and purpose
of the Master Plan and Development Ondir*o".. It is requested thut Try addition to parking be
beneath the Lions square coodominiom building in accoidance 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 sr:rrounding land uses from ihe impact of the parking area.an{
,"qui.iog par[ing to be witiin tire main building in order to avoid or minimize the adverse visual
impact of large concentrations or exposed p*t ittg 1t". 12-10-1)' -
LSN shoutd be required to
have all its parking withinthe mainiuilAing to aioid the exposed parking' It should4:-T
required to conform with all parking ana
-toaaing zone requirements' Additionally' LSN is
piJp"tirg a valet parkint tytt"* tf13t ilould require ngmerous attendants and far more space than
i.**tty""orrt"*ptated in order to be able to access several of tbe contemplated parking tP*jt:
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 Kassme! Town Engineer, in his May 16' 2006 memorandurn' Town
upprouai should be conditioned
-upon
,""ordution of all necessary perrnanent and temporary
easements for construction. In his June 2, 2006 conespondence to Bi[ Gibson' Town Planner'
Mr. Viele acknowledges this requirement. However, notably, ISN has not requested easements
from Montaneros which would'undoubtedly be required for the proposed LSN redeveloPment,
and Montaneros is not witling to grant such easements for the current plan which I "oTi&o
detrimental to the Montanero! prof"rty, the Montaneros owneffl and the Town and its residents
and guests as a whole.
Similarly, Montaneros will not approve, or glant easements for, excavation shoring which must
occur on Montaneros property tosupport the current proposed LSN redevelopment'
For each ofthe foregoing reasons, we request that the LSN application be denied'
Thank you.
Monthneros, Urrrtzlz
Unit Owner/Tax PaYer
{00041066 / 3)
{00041066 /3)
o
I
Ver;,tnrlY Yogrs,
s' l,{^t 2t/
Verv trulv vours.
O*-d,,e{
Unit Owner/Tax Payer
#r//
{0004r066/3}
3O3 442 6191 Johneon & nen,rcc, .lP $
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2521 IiR() Dv^Y, Sr trlri A
B()l rr.r)tiR, C()t,()RADo 80304
Tr'ir.r!t't x)Nti 303-4.12-1 g(tu
Tr.:r.r:rnr. 303.442-01 9I
wwrr,i-rb*.corn
June 23,2006
VIA ET.ECTRONIC MAIL
Bilt Cibson
Plarrner ll
Towrr of Vail
75 South Frontage ltoad
Vail, Colorado 81657
Re: Lion Square Lodge - Norrh Buitding, June 2, 2006 Revised Drawings
(PEC06-0019)
Deal Bill:
As you are aware, this frrm represenf,s Montaneros Condonrinium Assoc.iation, Inc. . ,,.
(the "Association"). This letter follows up on.our April 2 I , 2006 correspondeuce to you i
outlining the Association's objcctions to thc proposed Lion Square Lodge - North Building
redevelopment (the "Lion Square Rcdevclopmcnt Proposal") and supplements the objections of
the individual owners <lf units in Montaneros condominiums. wc are in receipt of the
referenced reviscd drawings, and, for the reasons more particularly dcscribed in this letter, the
Association continues to oppose thc Lion Square Rcdevelopment Proposal.
l. The Lion Square Redevelopment Proposal conl.inues to fail to echieve the. l
ohjectives of the Lionshead Redqvelopment Muster Plan (the "Master Plan") and the.LMU-l
Zone District. As noted in oul prior correspondence, the Master Plan promotes the enhancernent
and srengthening ofthe physical and visual connections to the natural environment of(iore
Creek and Vail Mountain. This concept is rcpeatedly emphasized throughout the Master Plan,
Sinrilarly, the Town's Zoning Regulations recogroize the importancc of ensuring adcquate light,
air, open space and othcr amenities within the LMU-l Zone District. Nevcfthcless, the Lion
Square Redeve lopment Proposal continucs to ignorc tbese fundamental design objectives. The
rcvisions to the Lion Squarc Redevelopment Proposal include no changes to address the
concel.tl$ previously raised by the Association related to eliminarion of both vipw corridors and
sunacces8.Thisisreudilyapparentfromarevicwoftlrcsunshadeanalysesincludedinthe
retbrenced June 2, 2006 sr.rbmittal.
2. The Lion Square Redevelooment Proposal continues to violate ihc Town o{ l'a:i!
Zonine Rezulations.
(a) East 'lbwer. Presrrnrably in response to Association's objcction to thc
improper use of the easement conveyed by thc Association to Lion Square North Condominium
Association some 30 yearc ago, as more particularly described in prior communications to the
lG$041214 / | i
303 442 01 91 Johnson & Repuccl LLI |:ra a.m- 06-23-2000
Bill Gibson
June 23, 2006
Page 2
Town, the plans for the npw cast tower of the Lion Square Redevelopmertt Proposal have been
revised so that the existirls one-story buitding located on the bountlary of the Montaneros andLion Squarc properties w[ll, according to the developer. rcmain in place and the tower will be
erccted thereon. Neverthplcss, engineering of the proposed east tower will undoubtedly dictate,
at a mirrirnunt, substantiaf reconstruction of the existilig builcling to support the proposcrt east
tower. Any rcconstnrctioit of the existing building violates the Zoning Regulationsapplicable tononconfornting structure.s and inrpertnissibly expands the use ofthc casemint granted ty the
Association and, thus, should bc denied by the pEC.
(b) Parkine Structurc- In rcsponse to the Town's concerns regurding the
parking plan for the Lion Square Redevelopment Proposal, the parking bas beerireconigured in
the revised plans to includ]e a covcred parking structure. However, thJ roof of the pr-opolert
parking structure encroac\es into thc rcquired ten foot setbaok area. We understand fiom Mr.
Viele that this overhang will be removed, but the Association conrinues to object to the current
plans provided. In additioh, we understand that there will be a rctaining wall. which is either part
of, or immediately adjaccrlt to, the parking structure, as well as a fence atop thcreot. located
-
approxinately l8 to 24 inqhes from thc property line within rhe l0 foot seiback area.
Moreover, *c note that the proposed parking plan, inclu<Iing the vnler irarking '
system, appcars impracticdl, unworkable and not in compliancc Town's Developrnent Standar{S.
We urge you and the PEC fo caretllly review this proposal. j : . . :(c) Varianccs. 'l'he revised plans for the east tow€r and parking structure of
the Lion Squarc Redevelofnrent Proposal arc ciearly impcrnrissible u"Aer bpfllcalle zoning :
regulations, and, as nrore pfrticularty detailed in ourApril 21,2006 correspondence, there are no
grounds to support thc issulncc ofvariancEs lo permit these structures. .. i
(") EascmeQls.. Despite trtr. Vict.'s staten'rents to thc contrary. based upon
our review of thc Lion Squdre Redevclopment Proposal, we belicvc that both temporary and
permanent easements over l!4ontaneros property will be required for such redevclopmint. Wei
see no way that tlre proposef structures can bc crected without crossing onto Montaneros
propcrty and tbtrs reqr"ririrrg basements. More importantly, thc Association has serious concems
about Mr. Viele's clainrs that no excavation slroring will be required offsitc, ancl, thus, no
eas$ments are rcquired for t{ris pulposc. 'l'lre wall of the Lion Square pa.rking structure is
proposed to be located withipr a few feet of the Montancroh building, seerningly requiring at a
minimum temporary, and pnssibly pennanent, easements for excuvation storing to'prote-ct thc .
Montane ros building.
.
Please be advfsed that thc Association will rrot upprovc any work on its propcrty,
or grunr eascments to Lion Sguare for any purpose, in conncctioh with the currcnlly cxisting '
'
Lion Square Redevclopnrent Proposal.
303 442 0191 Johnson & Repuccl LLP onfo..r. 06-23-2006
llill Gibson
June 23,2006
Page 3
(b)
We corrtinue to urge the T.own, as a party with enforcement r:ights under Seciion l9.l of thei '
Covenants, to take into corrsideration tbe criteria for approval oF development plans dictated dy
the Covenants, which criteria include "the cffc.ct of any proposed improvcmeni on the outloo[ o[
arry adjacent or neighboring property."
On behalf of the Association, wc thank you lbr your continued rime and assistance with
this mattcr.
cc: Matt Mir:e
Rick Travcrs
Montaneros Condominium Association
Town of Vait Planning and Environmental Commission
o I
Dr. and Mrs. Michael Clayman
1440 Church Street, N.W.
Apartment 504
Washington, DC 20005
phoue 202-265-5556 ftx 202-26547 49
Montaneros #214, Vail, CO
email blaine@cosmeticdds.com
May 4, 2006
Town of Vail
Planning and Environmgntal Commission
75 SouthFrontage Road
Vail, Colorado 81657
Dear Commission Members :.
We are writing to express our opposition to the proposetl expansi6l by Lions Square North. Wg
purchased a condominilm in Montaneros a year and a half ago. We are a couple nearing
retirement, and we plan to spend our summ€rs, and a portion of the winter in Vail. Beautifirl
views and bright sunshihe are what attracted us to Montaneros. We sit on ou balcony, looking
out on the mountains, grFeted by a sweeping vista of ski runs and blue skies. Our condo is on tbe
2nd floor. If Lions Squarc North proceeds as plamed, our views, warmth and smshine will be
gone. Every homeownej in Montaneros recently paid an assessment to upgrade or:r building's
exterior. We hope that [,ions Square Norttr will do an exterior upgrade as well. However, it
should not do so at the e*pense of its neighbors. Anl changes to Lions Square North that increase
the height of the building will adversely affect Montaneros. Cer[ainly, the addition of the towers
will change everything. the Montaneros pool area will become a shaded and much less desirable
place to rela:< and enjoy. The quality ofour desired experience will be perrranently downgraded.
We have just completed interior renovations to our condo unit in anticipation of spending more
time in oru Vail home. Our expenditures-the initial investment, and the cost of upgmding our
condo-wEre based on the assumption that our property would hold its value. It is most
disconcerting to contem$late the negative impact of the Lions Square North new construction on
our property's value.
strensthen the identi
to the natural should be established utilizing the following
techniques: 4.3.1.1 View Corridors. Creating and establishing view conidors is
an effective way to link the urban core of Lioushead to the natral environment of
Gore Creek and the mountain. The master plan is recommending the creation of
several dedicated public view corridors. In additio4. all ,nrivate develooment
and redevelonment should endeayor to create visual connections from a4d
throush their orooer,ties." @mphasis added)
The LRMP recognizes in Section 4.3.1.2 the east-west orientation of buildings in Lionshead and
proposes a solution to tleir impeding views of Vail's natural environment. It states:
The predominant east-west orientatiqn of buildings in Lionshead acts a visual and
physical barrier. internrptine the connection to the nahrql environment. It should
be the prioritv in future development to orie.nt vertical buildins masses alons a
north-south axis whenever oossible. This wi[ helo accjrmnlish the following
obiectives: a Sun Access. b. View from New Buildings, e. Views from Existing
Buildings, d, Creation sf Streets. (Emphasis added)
It seems clear that the proposed changes to Lions Square North do not meet these objectives.
Quality of life is why we have chosen Vail. Everything in life is not about ma,rimizing monetary
profit. Lions Square North can accomplish building upgrades without doubling in height and
irreversibly impacting Montaneros. We are asking for your assistance in preserving that special
quality of life for the Montaneros homeowners.
Sincerely yours,
ZAa";r-z-- CZ+'V?-La-D
^s.n@O@ra-
Elaine Clayman (r
Michael Clayman
May 11,20t)6
Tourn of Vail
I
Planning and Environmenhl Gommlssion
75 Sou$ Frontage Road
Vail, CO 81657
RE: Lion Square Norft REmodel
Dear Sir or Madam:
We have rcvierrved Lion Square North's Preliminary plans for remodel and we br the foregoing reasons
mo€;t vehetnendv pmtest the approval of such phns.
We are the owners of unit 208 Montaneros, which is on the louier leveljust above the parking garage.
The unit b located on the eastem seciiJn of tle conrplex. The Arrabelle project has blocked all views
to tre east lf the Lions Square Norlh projed is approved it will block our souhem or rnountain vie\ /.
The combination of botr plans will significan0y diminish the value of our investnent
In addition to tre above we are concemed br the encroachment of the property and the shading of the
@mmon area which includes he pool, hot fub and landscaping.
Thank you for your consideration.
l,*,10 Dr'Q
MarkD. O'Dell
13101Hlghway 33
Keamey, MO64(F0
Tele 816€28€668
cc: AlexanderA Prelser
Johnson and Repucci LLP
2521 Broadway, Su'tEA
Bolder, CO 803M
3o3 442 61s1 Johnson€ Repuccl i5i,]llda rdl.vvr, ro. ila,
D
onf" ".r. o6-23-2ooL
oosTsola
ror
LtunJ [Iuruti IAxls
.Ir James L. Johnson Buonccs Phone & Ad&ess
(60t) 754-1159. FAX (6oE) 754-3288
!v!ay 19,2006
Pbruntg rd Eoononb Darelo,pnont Comission
Dopartm of Comarnity Dsrrelopmed
TowDofVEil
75 S. F odaSo ltoad
Vail,CO 81657
Dear Connission lvienbers,
fu orryus qfMooterms Uuft #30t Eisbboftgthe propogcd Lbn'r Squaro Iadgo
Nottt lvtajor Eldcrior Altcrrtion as prroscrtcd by Vir:b Dwcloprrnf rrc nrat to go or
rEaoEd as STRONGLY OPPOSED to tti: grojcd as p[l$€Dts4 . It wouH hgrc I tqior
nqptiw iupaot lpou oEr propcrtt-
Orr objection to U,c pl* as lrrscmcd arc basod on rt lcrst thc bllorvirg rn{or issrcs:
1- Pmpcdy lioc sctbEck ad @roach.d ulron oru ploperty.e ffioriAasrqpaouvipws.3. Mqim igpact on sn rhading otr our ptop€rty - especiaS our poqt bot tub,
anil $n dcck a!Es-
d I44ior ncaativc inpsct durirg construstion.
5. Thcso plans rro wt ary wat ncc edifiry tla tbo*md noaordopec
ly{astct PLD.
If thfu proposal $Gre to be appoovcd, tbc acg*ive iqrac{ fo1 6 s6r'td 666 onp i4cdc
the penonal cqio]t@t of ou propcrty b tvtotnasos, but would severely turt reml
rctrorrp frr us as we[. How docs Yrcb oxpect to build guah a nolshosiry to qod over
ow pool alca without $rning rrs dorvn? Vc will oot agrcc to staging smildine ud
costsuctirn eqnipucd od mairls ol orn pool and deckl
As you kDorv, sbJrst conpletd la* po a n4ior rcdcrelopmd dd ad€dor rffivalbl
of orr ldoilsffips propertf. Orn plans end oomghrcd prqicet had no rcgarive imact on
our ac&hborsl Ontypositine +.it'+b iryovEmnts to orr Lbshd noighboftood
wera acco,rplished, uldch beoefls cvcr5ibody,
Sfunrrelyyours,
dtf-J4'^ [W*
Ilnr{lnnJohson
/
1307WOOD!{AN RD. . P.O, 8OX3100. JA}|ES'y-|LLB }vI 53547-3100
o
'- l
May I l, 2006
Scott Wilmoski
10655 West,192nd Place
Spring:Hill, Kansas 66083
Town of Vail
Planning and Environmentbl Commission
75 South Frontage Road
Vail, Colorado 81657
Re: Proposed Expansion / Remodel
Lionsquare North
Commissioners:
I have been the owner of Montaneros #2 I 7 since I 990 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 sigrrificant 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 4nd 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 horizor.rtally, 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 Alpirie Village.
I am appealing to your longfrange plan4ing 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 (Montalneros), as well as the lack of accompanying green space for a
development of this size.
Should any of you need to {iscuss this issue in greater detail with me, I will make myself
available. I can be reached dt913/592-2767 or swilmo@aol.com.
Mr. Alexander A. Preiser
Johnson & Repucci, ILLP
2521 Broadway, Suite A
Boulder, Colorado 80304
Sincerely,
,m ffi ffi ffi ffi ffi g*g ffi !;if r,,.,.,
qeLA.etsLderane
52oj qauLegPiver>rLve
Stowe MovtwtaLw, qA 3oory
77o-+3L-738s
rax: //o-J3g-oL53
G - waLL: V aLL+ v,s A @ o o trr,tc a st. 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 I 3 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
io renters and owners in our building is the view of the mountain we currently enjoy. The
expansion of Lion Squarewilltotallyobliterate 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 foilowed our Iead, 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.
for neighbors would never happen in Aspen. Please, do not let it happen in
Unit 211
Montaneros
disrega
Cc: Mr. Bill Gibson and Alexander A. Preiser
o5/1s/2008 l3:48 FAx 60s754321sO
.II James L. Johnlson
LI(lHS QUICK I'tARTS @ 002/002,
Business Phone & Address
(608) 754"1159. FAX (608) 754-3288
Dear Com-ission Me{ers,
As ownprs of lrfiontanerbs Unit #308 oeigbbotiog th" propord Lion's Square Indge
North Maior b<terior A[eration as prese,oted by Viele Development' we utad to go on
record as
-STRONGLY pPPOSED io tbis pmjeC as presented,.It would have a major
negative impact upon oqr PropeftY.
Our objeotionto the ph{s aspfesentd re based oo at leastthe frUowing oaior issucs:
l- Property lineisetback ud encroachnrnt upon ot:r ProPerty,
2. lvlajor fopa4 uponouviews.
f. Uaj,or imiac.t otr sr,o sbading on our property - especiany orn poot hot t'b,
and sundeck aree
4- tvlajor neg*ite i!ryact dnring constructbn
5. Thcsc ptans {e not any way Dear sadshg tbs Lio'sbead RedeveloPmcnt
Master PIan,
Iftbis propoml wene to to approve4 tbe negativc impsct for us would not oniy i4ede
tbe per-sonal enjoymem df ou property al Motrasero+ but would scvoreJy hurt rental
revenue for Us as-rvell ffow AbCVtte e:qtest to build such a monstrosity to silr oYEr
ou pool area witbout tUWtg us dovm? We will not agpc to stagins scafolding ard
construction equipment qld EEtcrials on or:r pool and deok!
As you know, wc just cofrplcted last year a major redcveloP-.q and exterior rcnovation
ofour Motaneros prop{rty. Orrr pbns and coryletcd oroicct bad no lcgptive irpaot on
orn neiehbors! O"ti p"dtl* *sthetb iryrovmerds to our Liorsbead ncigtiborhood
were acconplishc4 rrytich benpfits cwrybody.
lvlay 19,2005
planning and Economicj Developmem Co"'mission
Deprunern of Cornrnutrity Dwclopment
Towl ofVail
75 S. Fronrage Road
VaI" CO 81657
Sincerely yoursl
nf"l4^
fimVannJohnson
n rt TrA'(t .t.r.r/r - ? ^ r.tt:CatYf T E II'T E?<r? ?lnn
From:
To:
Date:
Subject:
Bill Gibson
Leslie Tillman
0612312006 12:59:56 PM
Fwd: Lions Square North
!
>>> "Hudders, Andrew" <AHudders@oraubard.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 yeais
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
afea-
I live in New York City, and I have the impression tn'at tne Lionsquare area is becoming a much more
urban development in a very short timeframe lhan the village in which I originally bought. Overall, my
impression and belief is that the quality of life and holiday experience is decreasing. | find that I am taking
my vacations elsewhere rather than going to Vail as a result of all the changes around myunit. When I go
to the trouble of fllng 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. lt 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 l-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 lhe town of Vail to reconsider the proposal of Lions Square
Lodge and deny them.
Andrew Hudders
Andrew D. Hudders
Graubard Miller
The Chryrsler Building
405 Lexington Avenue
New York. NY 10174-1901
Phone: 212-818-8614
Fax: 212-818-8881
Visit our web site at UAU4.qIaUbarc!,4
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. lf thq 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. lf you
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
VailTown Council
Department of Community Development
August 1, 2006
An appeal, pursuant to Section 1 2-3-3, 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, lo 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 ihereto. (PEC06-0019)
Appellant:
Planner:
Vail Town Council and Montaneros Condominium Association, Inc.
Bill Gibson
Iil.
SUBJECT PROPERW
The subject property is located at 660 West Lionshead Place/Lot 8, Block 1 , Vail Lionshead
Filing 3.
STANDING OF APPELLANT
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to
"calFup" 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.
REOUIRED ACTION
The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and
Environmental Commission's approval, with condilions, of a major exterior alteration,
pursuant to Section 12-7H-7, Major Exlerior Alterations or Modifications, VailTown Code, to
allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead
Placellot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto.
Pursuanl to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make
findings ol fact in accordance with the Vail Town Code:
'"The Town Councit shatt on dll appeats make specific findings of fact based directty
on the pafticular 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 1 2, Zoning Regulations, Vail Town Code) have ar have not been met."
tv.BACKGROUND
For a descriplion of the Lion Square Lodge North major exterior alteration reques| please
refer to the attached June 26, 2006, Slaff memorandum to the Planning and Environmental
Commission (Aflachment 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
lor 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 requestby a vote of
4-0-0.
On July 'l1, 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 ol 4-2-1 (Newbury and Motfet 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).
DtscusstoN tssuEs
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 lncreased Live Beds, Lionshead
Redevelopment Master Plan has been a topic of much recenl 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
conslruclion of any new accommodation or fraclional 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 Dislricl does not require the construction of
accommodation or fraclion fee units, the applicant must still demonslrate 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 exisl) currently are often
short-term rented and function as "warm beds". The Commission determined lhat this
proposed major exterior alleration would not change the "warm bed" lunction of the Lion
Square Lodge North.
V.
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 developmpnt 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 concems 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 consistenlly
lorwarded the most current proposed architectural plans to the Montaneros
Condominium Association's representative;the Monlaneros contends the applicant
may not have presented lhe 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 initialdesign did include lhe construction of the east
tower at the north property line. ln this initial design, the applicant contended thatlhe
Lion Square Lodge North's easementarea, 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 inlo compliance with the 10 ft. setback requirement from the
actual north property boundary, notthe easement area. The applicant also proposed
to only maintain and upgrade the exterior finishes of the existing structure located
wilhin 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 easemenl 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 sehack requirements of Section 12-7H-10 of the Code.
Staff response: Pursuanl 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.
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.
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 1o
the submitted topographic survey, the southwest portion of lhe existing Monlaneros
building is located only 0.8 ft. (e.9. 972 inches) from its southern property boundary
and the existing Monlaneros pool deck is located within 6 feet of the southern
property boundary (e.9. 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; neilher 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 impacfs 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.
Applicantwill need to obtain easements from appellant for construction.
Staff response: The Sraff has communicated the appellant's concerns about
conslruclion 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 construclion methods which do nol require access to Montaneros property.
A construction staging plan will be required as part of the applicant's building permit
application.
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 parly lo, nor does it enforce, any
private agreements between private property owners including covenants.
o As noted by a member of the PEC, app'licant'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 Aulhority and fhe Vail Town Council have not yet adopted a
formal policy prescribing the location of required employee housing units for
developmenUredevelopment projects in the Lionshead Mixed Use 1 Districl. When
the Antlers was redeveloped in the early 2000's, employee housing was conslructed
on site. However, the more recent Gore Creek Townhomes, Arrabelle, and Flitz
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").
APPLICABLE REGULATIONS OF THE TOWN CODE
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
Enuironmental Commission or the Design Beview Board with respect to the
provisions of this Title and the standards and procedures hereinafter set fonh.
2. lnitiation: An appeal may be initiated by an applicant, adjacentproperty 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
affected person" means any person who willsuffer an adverse effectto 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. lf the appellant objects
to the Administrator's determination of standing, the Town Council shal[ at a
meeting prior to hearing evidence on the appeal, make a determination as to the
standing of the appellant. lf 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 meL
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, fhe Town Council shall make specific findings of fact based directly on the
particular evidence presenled to it. These findings of fact must support conclusions that lhe
standards and conditions imposed by the requirements of Title 1?,Zoning Regulations, Vail
Town Code, have or have nol 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 Wesl 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."
However, should the Town Council choose to overturn the Town of Vail Planning and
Environmental Commission's approval, wilh conditions, of a major exterior alleration,
pursuant lo Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to
allow for the renovation of the Lion's Square Lodge Norlh, located at 660 West Lionshead
Place/Lot 8, Block 1, Vail Lionshead Filing 3, andteilng forth details in regard therelo;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 consisfent 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 ol 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 Modellmages
F. Public Notice
*
O Aftachment: A
MEDIAADVISORY
July 11,2006Gonlact CoreySwisher,4T9-2106
Town Ma nager's ffice
VAIL TOWN COUNCIL HIGHLIGHTS FOR JULY 1 1
Work Session Briefs
Council members present Foley, Gordon, Htt, Newbury, tMoffet, Slifer, Logan
-Planning and Environnental Commission (PEC)/Design Review Boerd (DRB) Update
Duing a review of the npst recent neetings of the PEC and DRB, Chief Planner George
Ruther answered questions regarding the latest proposals to go before the turo boards.
Gordon npved to call up an item from the June 26 PEC neeting involving exterior
renovation of lhe Lion Square Lodge North, located at 660 West LiorsHead Place, wilh
Foley seconding. The motion passed 4-2 with one abstenlion; Newbury and Mofiet
opposed. Hift abstained as he was not in attendance during discrssion of the item. For
more information, contad George Ruther d.479-2145.
-Black Gore Creek Update
Representing the Eagle River Walershed Council, Camline Bradford and U.S. Forest
Service representative Cal Wetbtein explained the monitoring efforts associated with the
inpac.t of traction sand upon Black Gore Creek Wettstein said Gore Creek has
experienced a decrease in iraeds mrmally associated with pristirB strea ms. "All
metrics show that the aquatic community in Gore Creek flowing through Vailis in an
inpaired condtion. Particularly interesting, is the lack of sbnefly insects in lower Gone
Creek in both 2004 and 2005." Bradford emphasized the sand collection features abng
l-70 has reduced a lot of souce pollution. Wetbtein then commented 'There is still a
slug of sand betvreen Vail pass and East Vail that is rrrorking its way down (partially due
1o beave r da m degradation caused by high rumff due to record snowfall).' Hitt
confirned the majority of the pollution was co rTi ng from l-70. Moffel clarified cunent
projects uere "making a dent" in the polh.rtion problem. Bradford invited Courrilto attend
a tour of Black Gore Creek on July 14. Representing the Vail Village Ho nEowners
Association, Jim Larncnt inquired about the location of possible dversion stnrctures and
the status of the sand berm (created fro m captured lraction sand) in East Vail. Lamont
then encouraged Council to use Real Estate Transfer Tax funds lo restore Gore Creek.
For details, contact Bill Carlson at 479-2333.
-Wildlife Ordinance Dscussion
Police Commander Steve Wright explained rece nt events regarding a problem bear in
West Vail have again brougfrt to the forefronl wildlife issues within the town. In August,
2002, Council passed an ordinance intended to reduce interactiors between bears and
citize rF and guests. Wright reported 408 wildlife warnings and 13 citatiors had been
witten to date. "We have done a good job extending lhe education component of our
wildlife ordinance...lf s rpw time to start erforcing the existing ordinance." Wright
remmmended dumpsters in centrafized refuse areas be bear resistant. "The Polce
Department's last recomrnendalion would be that all citizens nraintain bear
resistanuproof containers." Detective Ryan Millbem said bear resistant containers have
inproved over the years. Millbem reported bear resistanl containers were available from
local trash haulers for $160-$360. Town Attorney lvlatt Mire explained the curent
Attachment B
Appeals Form
Department of Community Develogment
75 South Frontdge Road., Vail, Colorddo Bt6S7
tet: 970.479.2139 fax: 970.479.2452
web: www.rralloov.com
General Information:
Ihit fqq is.eqylred,tur filing an appeaj ofa Sbff, Dest$ Revis,r, Board. or plannhg and Envirormenblcommls$lon actiorvdecisjon. A oomplete furm and asftlated requtremen$ must be submitted to thecommur ty Dev€lopment Departsn€nt wftnin twenty (20) (are'dar d'ays of the disp,rt"o ori*d*lrio".
Acuon/ Declrion b€l.rg appealedi
at
Lionshead PlacelLot 8, B|ocft i, Vait Lionshoad Fi nq 3
Dateof Action/Dedslon! June 261 2006
Board or Shff person renderlnE acdon/d€clslon: Plannlng and EnvlrcnmBntal Comnisslon
Doce thls appeaf Involvs a 3p€dfic parel of tand? (ycs) gt al
U ycf, €r€ you an adjacent property owner? (yes) (gg{
t{ame of Appelhnt(s): Montianercs frndominluq Assoclation, Inc.
Physl€l Address 1n Y"11, 6a I W'
Legrl D€scrlptlon of Appettant(Lot:-Btock- Ss541yig96;Montaneros Condominiums
AFpellant(s) Signahre(s):
if mtre spac ls .equlrcd). Alexander A. Preiser
Atlcmay tor App€ antl.
-on
a separale sheet tr sepante sheets of paper, provrde a detafled erdanadon of hor,r, you are an"aggrl€*€d or adversdy a@ person2. on a sep.ardte sheet or separat€ sheets of paper, spedfy s'€ p.€cise nature of tt,e appeal. please
ctte specifrc code sections havirE rdevance to the acilon Oelng ippealed.3' provlde a list of names and addresses (both mailirE and pttisdi aooresses in vait) of all owrErs ofpfoperty who are the subject of -tte appear and a rdjaant p'operty owners ltnoudrng olmers
:vlose propenres ar€ separated from $le subject property by a'rignt-of-way, strear& 'or other_ lntervening barrief)4. Provlde stamped, addressed envelopes for each property owner ll5ted In (3.).
PLFASE su$,ln Tltls FoRM AND Arl 5U8MmA- REQI IREMET,|TS TO:
TOIVN OF VAIL DEptR'IIttENT oF coMMUNITy O*EtOpM6iIr,
75 SOUTH FRONTAGE ROAD, VAIL @.ORAM ST657.
p1s6; 970-477-7200
oagP*rcewrrlr: .?/tq/06 An\^tlgc ftoJecr
EGErvtrIil
JUL 1 r. 2006
lU
TOWN OF VAIL
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1. On a separate sheet or separate sheets ofpaper, proide a detailed atplanation of
how you are an "aggrieved or adversely affected person".
The individual members of Appellant, Montaneros Condominium Associatioq
Inc., are all of the owners of the units located in Montaneros Condominiums
('Montaneros'). Montaneros is located in Lionshead adjacent to and immediately nofih
oflion 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.
{00042r37ir)
2. On a separate sheet or separate sheets ofpaper, spectfi the precise nature ofthe
appeal. Please cite specific code sections having relerance to the action being
appealed.
r Appellant was denied its risht 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 oppornrnity to submit exceptions to tle 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 AFpellant and Applicant had an extensive
conference regarding the project during which those plans reviewed and
discussed. However, the next day Appellant leamed that Applicant had
submitted revised plans for the consideration by the Planning and
Environmental Commission ('?EC') prior to that conference. Appellant
was not provided.with a copy of the revised plans submitted by Applicant
until the June 26* hearing approving those plans. Notably, the PEC was
not aware ofchanges to the plans at its June 26t 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 26d,
demonstrated the project to the PBC on the public record via a three
dimensional video model. Appellaut 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 imoermissible expansion of a nonconformins structure.
The stated purpose of Title 12, Chapter 18 of the Code, goveming
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
l2-18-5 ofthe Code, but rather a substantial reconstruction ofthe 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 prcperty line within the 10 foot setback. No variance
{0004213? / I }
has been requested by Applicant pursuant to Title 12, Chapler 17 of the
Code.
The parking structure of the Lion Souare Lodse - North Building. as
annroved bv the PEC. violates the setback reouirements of Section 12-7H-
l0 of the Code. The roof and/or retaining wall of the parking structure
encroach into the l0-foot setback area mandated by Section 12-7H-10 of
the Code. No variance has been requested for this encroachment pursuant
to Tifle 12, Chapter 17 of the Code.
The location of the west tower of the Lion Square I-odse - North
Buildins. as approved by the PEC. violaies the soirit of the setback
requirements of Section l2-7H-10 of the Code. Section 12-7H-10 of the
Code requires minimum building setbacks of ten feel. 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 ofits 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 Applicarit'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, violafing spirit of the setback requirement.
The aporoved Lion Square redevelopment is contrarv to various
provisions of the Lionshead Redevelonment Master Plan ("Master Plan")
includins the following:
o 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 tle approved redevelopment, which
have an absolute building height of 82 feet, do not appear to
comply with this step back requirement.
r Development should connect Lionshead physically and visually to
the mountain landscape (Master Plan, Section 2.5). The approved
redgvelopment will physically and visually cut off much of
Lionshead, including Appellant's property, from the mountain
landscape.
r 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 properfy and the ski mountain.
{00042137 / I }
. 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.
r 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
virnrally engulf Appellant's propertSr and building, including its
pool, in shade.
The approved Lion Square redevelopment fails to mitigate develooment
impacts as requirqd bv 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 tle 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 stucture 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 sufFrcient space to move czu:s 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 properfy and detrimental to its
property and to the Town and its residents and guests as a whole.
The Lion Square Lodse - North Buildinq redevelopment. as approved.
violates the Protective Covenants of Vail/Lionshead. Third Filine (the
"Covenants"). The Covenants benefit and burden all properties located
1o0042t3't t t|
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
VaiUlionshead, 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 t}tat 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 bv a member of the PEC. Applicant's proposal for employee
housine mav not satisf.v 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 firlfilLnent this critical
objective-
4{00042r37/r}
3. Provide a list ofnames and addresses (both mailing and physical addresses in
Vail) ofall owners ofproperty who are the subject ofthe appeal and all adiacent
property owners (including otwters whose properties are separatedform the
subject property by a ight-of-way, stredm, or other intervening barrier).
Pursuant to the instructions of Town Planner Bill Gibson, all of the foregoing
information is contained in the Town's r€cords relating to tlis matter and is, thus, not
required.
{00042r37 / I }
4. Provide stanped, addressed envelopesfor each property owner lkted 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, AlexanderA. Preiser, at (303) 442-1900, if any further items are required :
from Appellant in connection with this appeal.
{00042137 / I }
AL-trdo A P*i"-
'aapteieet@j-Jaw,com
JoHwSoN fa REpucfi rlp
AIToRNETS A}ID CoUNSELoRS AT IAv
2521 BROAD\rAY, SUrrE A
BOULDER, COj.oRADO 80304
TELEPHoNE 303-4144-1900
TsrrFN( gog.4424r9t
www.i-ia1',--
BoUI.DER
VI}TER PARK
July 26,2006
WA ELECTRONIC MAIL
Town Council
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Lion Square Lodge - North Building (PEC06-A019)
Dear Town Council Members:
As you maybe 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 t}re Association's July 14,
2006 appeal (the'Appeal') of the approval by the Planning and Environmental Commission (the
'"EC') of the referenced project (the "Lion Square Redevelopment Proposal ) and zupplemenG
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 contary to and in violation ofthe Town of
Vail's Town Code (the "Iown Code') and the Lionshead Redevelopment Master Plan (the
'Master Plan").
l. The Lion Square Redevelopment Proposal fails to achieve the obiectives ofthe
Master Plan and the LMU-I Zone District. The Master Plan promotes the enhancement and
strengthening of,the physical and visual connections to thc natural environment ofGore Creek
and vail Mountain. This concept is repeatedly emphasized tlroughout the Master Plan.
Similarly, the Town's ZonngRegulations recognize the importance of ensuring adequate light,
air, open space and other amenities within the LMU-I Zone District. Nevertheless, the Lion
Square Redevelopment Proposal igrores 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 concems 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
Prooosal.
{00042830 / I }
o
Town Council
July 26, 2006
Page2
2. The Lion Square Redevelopment Proposal fails to comply with otler dfuectives 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 warm6r, 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
Rezulations.
(a) East Tower. The Lion Square Redevelopment Proposal contemplates the
erection of anew east tower upon the existing nonconforming one-storybuilding 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) Parkins Structure. In response to the Town's concems regarding the
parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in
the revised plans !o include a covered parking structure. However, the roof and/or the retaining
wall ofthe 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 l2-7H-18 of the Town Code. However, the Association maintains that a sod
covered roofis not a public amenity, and the Association has serious concerns regarding the
engineering ofthe roof, including drainage, and the potentially dangerous impact on the
Montaneros property.
(c) West Tower. By way of background, the predecessor-in{itle 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
{00042810/ | }
Town Council
July26,2006
Page 3
the Montaneros building. The Town's setback requirements, adopted zubsequent to that
conveyance, provide for a l0 foot setback from the property line, with ttre intended result ofat
least 20 feet separation of buildings. Contrary to this intenl, 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 ofwhich has been denied to both the Town and the Association, gives a good
idea ofjust how close the building would actually be.
(d) Variances. Various portions Lion Square Redevelopment Proposal are
clearly impermissible under applicable zouing 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 sEuctures.
4, The parkine 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 stafted and operated within the space provided, which is
insufficient to move cars.
5. As noted by a member of the PEC. the emplovee housing component of the Lion
Section 12-
l3-1 of the Code recogrizes 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 propertyrights of
nei ghborin g prope4y 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 easemsnts 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 concems
about the applicant's claims that no excavation shoring will be required offsite, and, thus, no
easements are required for this purpose. The wall ofthe Lion Square parking stnrcture 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 anypurpose, 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 Foperty and to the Town and its residents and guests as a whole.
100042830 / | I
Town Council
Iuly 26,2006
Page 4
. (b) Protective Covenants of Vail/Lionshead. Third Filine (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 ofthe Covenants, several ofwhich are violated by the Lion
Square Redevelopment Proposal as approved by the PEC.
7. The Association was denied its rieht 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 benelit ofthe PEC and the public, denied the
Association the opportunity to "submit exceptions to the record, contantions, and arguments with
respect to the issues entailed" as required by Section 12-3-6 ofthe Town Code. Please refer to
the Appeal for details of this matter.
Please consider the foregoing matters at your August l, 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.
Bill Gibson
Montaneros Condominium Association
Very trulylor\s,
{00042810 / 1}
Aftachment: C
AND ENVIRONMENTAL
PUBLIC MEETING
June 26,2006
PROJECT ORIENTATION -Town Council Chambers - PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
Chas Bernhardt
Doug Cahill
Dick Cleveland
Rollie Kjesbo
BillJewitt
BillPierce
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 al 1740 Siena Trail/Lot 22, Vail Village West Filing 1, and setting
forth delails in regard thereto. (PEC06-0015)
Applicanl: Lois Solis, represented by Michael Suman Architect
Planner: Matt Gennett
ACTION: Tabled to July 10,2006
MOTION: Bernhardt SECOND: Kjesbo
30 minutes
A request for a final review of a major e)derior alteration, pursuant lo Section 12-7H-7, Malor
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 lhereto. (PEC06-0019)
Applicant: Lion Square Lodge North Condominium Association, represented by Viele
Development
Planner: BillGibson
ACTION: Approved with conditions
o
PLANNING
o
coMMtssroN
2.
*
MEMBERS ABSENT
Anne Gunion
VOTE:6-0-0
SECOND: Bernhardt VOTE: $1-0 (Cleveland opposed)MOTION: Kiesbo
CONDITIONS:
Prior to Application for Buildino 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
o
developer
clvil engi
proposal.
3)Prior to application for building permits, the
Vail Public Works Department approval of
plans and off-site lmprovement plans for this
must obtain Town of
neering construction
Prior to requestang 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 (Ghapter 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 addltion, the deed-
restrictions shall be legally executed by the D,eveloper and duly recorded wlth
the Eagle County Glerk & Recorder's Office, prior to the issuance of a
temporary certilicate of occupancy.
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 945,500.
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 distanee 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 Councll
7) The Planning and Environmental Commission forwards a recommendation
of approval for an amendment to the Lionshead Redevelopment Masler
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 applicanl, represented by Chip Melick gave a presentation of the proposed development
application, including a 3-D model presentalion. David Viele gave a brief presenlalion of the
proposal which included a summary of the proposal's compliance with lhe prescribed criteria for
a major exterior alteralion.
Chip Glazier, owner within the Montaneros Condominium Association, expressed his concerns
with the proposal and emphasized the negative impacts of further construclion in Lionshead.
Maxine Glazier, owner within the Montaneros Condominium Association, expressed her
concerns with potential negative impacts lo lhe structural integrity of Monteranos building.
4l
5)
Page 2
Jack Hunn, representing Vail Resorts Development Company, shared his support for the
redevelopment of the Lionshead Square Lodge North major exlerior alteration application.
Alex Prieser, represenling several Montaneros homeowners, expressed concerns with lack of
compliance to the Lionshead Redevelopment Master Plan and lhe 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 lhe non-conforming structure issue and
the revisions made lo 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 indicaled that the applicalion 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
condjtions of approval. He indicaled the need for public art as parl of the proposal to mitigate
the impacts of development and to improve the pedestrian experience. He further emphasized
the need for the enerior colors to remain interesting and vibrant. He recommended thal the
employee housing requirement must comply with the Town's housing policies. Mr. Jewitt
expressed his support for a Lionshead lext amendment lo amend the buib to line to allow for a
completely covered parking structure.
Commissioner Kjesbo agreed with the lindings expressed in the slaff 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 suggesled and forwarded his support for a master plan amendment to
the Vail Town Council for changes to the build to. lines to creale a better transition between
property lines.
David Viele responded to the inpul 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 Qouncil, pursuant to Section 12-3-7,
Amendment, Vail Town Code, and Seclion 2.8, Adoption and Amendment of the Master Plan,
Lionshead Redevelopment Master Plan, to allow lor amendments to Articles 12-7H, Lionshead
Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the
Lionshead Redevelopmenl Master Plan, to require no net loss of parking, no nel loss of
Page 3
TO:
FROM:
DATE:
SUBJECT:
Attachment D
MEMORANDUM
Planning and Environmental Commission
Community Developmenl Department
June 26. 2006
A request for a final review of a major exterior alteration, pursuant to Section 12-
7H-7, MEor Exterior Allerations or Modifications, Vail Town Code, to allow for the
renovalion 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, represenied*.
by Viele Development, LLC
Planner: BillGibson
SUMMARY
The Community Development Deparlment recommends that the Planning*"and
Environmenlal 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.
pEscRrPTroN oF THE REQUEST
The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned
Lionshead Mixed Use 'l District (LMU-1), and is located within the Lionshead
Redevelopmenl 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 tolal structured and surface parking spaces; a significant re-face
of the existing building exterior; and re-landscaping of the development sile.
The applicanl'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 Associalion have also been attached for reference
(Attachment H).
l-is+tfilc,flr
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 lhe Montaneros Condominium Association property. Based upon the
original development plans and associated documentationi the existing Lion Square
Lodge North was originally named the'Montaneros ll".
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 Certificale of Occupancy was issued in Aprilof 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 .;;:!i*ht9ll$frI0$"
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 ol a Major/Minor Exterior Alteration. The Planning and
Environmental Commission shall review the proposal for compliance wilh the
adopted crileria. 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 Fleview Board
application.
Staff:
The staff is responsible for ensuring that all submittal requiremenls are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicanl as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides
a staff evaluation ol the project with respect to the required criteria and findings,
V.
and a recommendation on approval, approval with conditions, or denial. Staff
also facilitates lhe 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.
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 lhe 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 PIan
Chapter 2: Introduction
Chapter 4: Master Plan Recommendations - Overall study Area'-,- . ?,..nl{:.i. j
Chapter 5, Detailed Plan Recommendations
Chapter 6, Site Design Guidelines
Chapter 7, Design Standards
Chapter 8, Architectural Design Guidelines
Zonino Reoulations
Lionshead Mixed Use-1 Zone District
12-7H-1: PURPOSE:
The Lionshead Mixed Use-l zone district is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractionalfee 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 appropiate to the permitted types of buildings and uses and
to maintain the desirable qualities of the District by establishing appropriate srte
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 devetoped to provide incentives for properties to
redevelop. The ultimate goal of these incentives ls fo 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.
J
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 aceess, 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 tollowing uses shall be permitted in basement or garden
Ievels within a structure:
Banks and financial institutions.
Commercial ski storage.
Eating and drinking establishments.
Personal seruices and repair shops.
Professional offices, buslness offices and studios.
Public or private lockers and storage.
Recreation facilities.
R etai I e stablish m e nts.
Skier ticketing, ski school, skier seruices, 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
Titte.
C. Conditional Uses: The following uses shall be permifted 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 tacilities and meeting rooms.
Liquor stores.
Lodges and accommodation units.
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee
clubs, Iodge dwelling units, and employee housing units (Type lll (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: PERMTTTED AND CONDTTIONAL 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. Permifted Uses: The following uses shall be permitted on the first floor or street
level within a structure:
A
Banks, with walk-up teller facilities.
Eating and drinking establishments.
Re creatio n f aci I ities.
Retail stores and establishments-
Skier ticketing, ski school, skier seruices, and daycare.
Travel agencies.
Additional uses de.termined 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 lll (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 CONDITIONAT 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, Iodge dwelling units, and employee housing units (Type lll (EHU) as
provided in Chapter 13 of this Title).
Additional uses determined to be similar to permifted uses described in this
subsection, in accordance with the provisions of Section l2-3-4 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 mnditional 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 seruices and repair shops.
Professional offices, business offices and studios.
Radio, TV stores, and repair shops.
Recre at i o n f aci I iti e s.
Retail establishments.
Skier ticketing, ski school, skier seruices, and daycare.Theaters.
s
o
. t. .!,dl}in,J |,r'ir.
Time-share units and fractional fee clubs.
Additional uses determined to be similar to conditional uses described in this
subsection, in ae,cordance with the provisions of Section 12-3-4 of this Title.
12-7H-5: CONDITIONAI USES; GENEPALLY (ON ALL LEVELS OF A BUILDING OR
ouTsrDE oF ABUTLD\NG):
The following conditional uses shall be permifted, subject to issuance of a conditional
use permit in accordance with the provisions of Chapter 16 of this Title:
Bed and breakfast as further regutated by Section I 2-14-1 I of this Titte.
Brew pubs.
Coi n-operated lau ndies.
Cemmercial storage.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public pak and recreation facilities.
Public utility and public serwbe 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.
1 2-7 H-6 : ACC ESSOFY USES:
The following accessory uses shall be permifted in the Lionshead Mixed Use 1 zone
district:
Ho,me 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 permifted 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
d ri n ki n g e stab I ish m e nts.
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.
1 2 -7 H -7 : E XT E R I O R A LT E R AT I O N S O R M O D I F I CAIIONS;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 1l
of this title.
1. Submittal ltems Required: The submittal items required for a project that is not a
major exterior alteratian shall be provided in accordance with section 1 2-l 1-4 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
o
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
arcordance 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. Submiftal ltems Required, Major Erterior Alteration: The following submiftal items are
required:
a. Apptication: An apptication shait be made by the owner of the buitding or the buitding
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 reguirements of the condominium
as soci ati o n's d e cl aratio ns.
b. Application; Contents: The administrator shall establish the submittal requirements for
an erterior 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 submiftal 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: lf requested by either the applicant or the
administrator, submiftals may proceed to a work session with the planning and
environmental commission, a conceptual review with the design review board, or a work
sesslon 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
aecordance with section 12-3-3 of this title.
E. Lnose Of Approval: Approval of an erterior 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 rbsued 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.
1 2-7H-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 prorysal
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 Bedevelopment 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 UN/IS PER ACRE):
Up to a thifi three percent (33%) increase over the existing number of dwelling units on
a property or thifi 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 lractional 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 muttiplelamity building may include one aftached accommodation
unit no larger than one-third (l/3) of the totalfloor area of the dwelling.
1 2-7H-1 3:GBOSS BESTDENTTAL 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 GBFA found on the property, whichever is greater.
Multiple-family dwelling units in this zone district shall not be entitled to additional gross
residentialfloar area under the 25a ordinance, section 12-15-5 of this title.
1 2-7H-1 4: 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.
1 2-7 H- 1 7 : LOCATI ON OF 8US/NESS A CTIV lW :
A. Limitations; Exception: All offices, buslnesses and seruices 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: MITTGATION OF DEVELOPMENT TMPACTS:
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. lmpacts may be determined based on
repofts 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 projeds and
conditional use permits. Mitigation of impacts may include, but is not limited to, the
following: roadway improvements, pedestrian walkway improvements, streetscare
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
Land Use Designation: Lionshead Redevelopment Master Plan Area
Address:
Legal Description:
Lot Area:
Zoning:
Develooment Standard AllowediRequired
Setbacks All Sides: 10 ft. min.
Building Height:71 ft. avg.
82.5 ft. max.
RetailSoace: N/A
660 Wesl Lionshead Place/
Lot 8, Block 1, Vail Lionshead Filing 3
0.95 acres (a1,513 sq. ft.)
Lionshead Mixed Use 1 (LMU-I)
Site Coverage:
Landscape Area:
29,059 sq.ft. (70%) max.
8,302 sq.ft. (20%) min.
9
Prooosed
10 ft.
52 ft. avg.
78 ft. max.
49,394 sq. ft.
650 sq. ft.
26,509 sq. ft. (64%)
11,100 sq. tt. (27%)
Density (dwelling units): 36 DUs (133% of 27) max. 36 DUs
GRFA:103,782 sq.ft. max.
Parking:
Employee Housing
53 total spaces min.
(51 DUs+2Retail)
1 Type lll/lV EHU min.
53 totalspaces
1 Type lll/lv EHU
(off-site)
VII. SURROUNDING LAND USES AND ZONING
North:
South:
East:
West:
Land Use
Residential
Mixed Use
Mixed Use
Mixed Use
Zonino
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
vlll. MAJoR EXTERTOR ALTERATTON REVIEW CRITER|A
Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for
major exterior alteration applications proposed within lhe 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 maior exterior alteration is in compliance withd@urpeg@g"ti;:iirlri:nr8lo
of the Lionshead Mixed Use 1 zone district:
Staff Response:
The purposes of the Lionshead Mixed Use 1 zone disfrict 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{amily 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 retailspace; 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 lhe 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.
That the proposal is consistent with applicable elements ol the Lionshead
Redevelopment Master Plan;
Staff Response:
Chapter 2: Introduction
l0
iriit!ooffis*r
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 identtty, a sense of place, a personality,
a purpose, and an improved aesthetic charader.
2) Vitality and Amenities
We must seize the oppoftunity to enhance guest experience and
comm u nity 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 lncreased 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
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
5) I mproved I nfrastructure
The infrastructure of Lionshead (streets, walkways, transportation sysferns,
parking, utilities, loading and delivery systems, snow removal and storage
capacity) and its public and private seruices must be upgraded to support
redevelopment and revitalization efforts and to meet the seruice
expectations of our guests and residents.
6) Creative Financing for Enhanced Private Profits and Public Revenues
Finaneially creative and fiscally reatistic strategies must be identified so
that adequate capital may be raised from all possible soutces 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 archilectural and aesthetic
quality of the Lion Square Lodge North property in keeping with the identily and
character of the adjaceni redeveloped properties such as Arrabelle, Marriolt,
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
Anabelle 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
wilh no existing accommodation or fractional fee units. However, many of these
exisling dwelling units are rented 1o guests and function as "Warm beds" (not "hot
beds"). The proposed major exlerior alteraiion only includes the construction of
additional dwelling unils, and as allowed by the provisions of the Lionshead
ll
Mixed Use 1 District, no accommodation or fractional fee units are proposed' lt
is anticipated that both the existing and new dwelling unils 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 Anabelle 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 preservalion of "private" view corridors. Sub-Section
4.3.1.2 recommends a north-south axis orientation for buildings lo lessen
negative impacts to sun access and mountain views for streets and existing
buildings.
Staff believes the applicanl 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-orienled without the demolition of the existing building. Staff -.*-v*nt't,.i,
believes the proposed 'tower-like" additions will have much less impact to sun
access or views than a zoning complianl 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 wilh 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
unil of no less than 700 so. fl. 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 nol located on the Lionshead "retail mall",
the applicant is not proposing any public art at this lime,
t2
Alercaode.A Pr.i"..
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JoHNsoN I Rnpuccr LLp
ATTORNFYS AND COUNSEI.oRS AT LAV
252I BROADV^E ST'rxE A
BoULDER, OoI.oRADo 8O3O*
TEEPHoNE 303444- 1900
TErFAx303-4€-0191
wwr'.i-rlascom
IaIy 26,2006
YUELECTRONIC 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 maybe aware, this frm represents Montaneros Condominium Association, Inc.
(the "Association'), whose individual members are all ofthg owlers 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 Plaming and Environmental Commission (the
'"EC') of the referenced project (the "Lion Square Redevelopment Proposal') and zupplements
the objections of the individual owners of units in Montaneros. Throughout the review and
approval process for tJre Lion Square Redevelopment Proposal, the Association has maintained
that such proposal, despite certain revisions thereto, is confiary to and in violation ofthe Town of
Vail's Town Code (the "Town Code") and the Lionshead Redevelopment Master Plan (the
"Master Plan').
l, The Lion Square Redevelopment Proposal fails to achieve the obiectives ofthe
Master Plan and the LMU-I Zone District. The Master Plan promotes the enhancement and
sfrengthening ofthe physical and visual connections to the natural environment ofGore Creek
and Vail Mountain. This concept is repeatedly emphasized throughout the Master Plan.
Similarly, the Town's ZonrngRegulations recogrize the importance of ensuring adequate tight,
air, open space and other amenities within the LMU-I 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 concems raised by the Association related to
elimination ofboth view corridors and sun access. This is readily apparent from a review ofthe
sun shade analyses included in the various submittals for the Lion Square Redevelopment
Proposal.
Bour.DER
\trNTEn PARr
{00042830 i | }
Town Council
July 26, 2006
PageZ
2.
the Master Plan.
(a) $ection 8.4.2.3 of the Master Plan provides that tbe buitding faces for this
project may have a ma{imum 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 Propos{l, which have an absolute building height of 82 feet, do not appear to
comply with this step back requirernent.
O) $ection 2.3.3 of the Master Plan sfiesses that redevelopment in Uonshead
must promote improved occupancy rates with "waml beds". The Lion Square Redevelopment
Proposal fails to addresg this goal. In particular, the Lion Square Redevelopment Proposal
includes luxury penthodse units which, likely, will not be included in a rental pool. The
Association suspects th4t these units will often sit empty, not contributing to the wanner, more
vibrant environment that the Town seeks to establish, as stated Section 2.3.1 of the Master Plan.
J.
Regulations.
(a) Ebst Tower. The Lion Square Redevelopment Proposal contemplates the
erection of a new east to[ver upon the existing nonconfomring one-story buildiug located on the
common boundary of thf Montaneros and Lion Square properties, with an existing deck that
extends onto the Montarteros property. According to the applicanf the existing building will
remain in place and the lower will be erected thsreon. Engineering of the east tower will
undoubtedly dictate, at 4 minimum, substantial reconstruction of the existing building to suppofi
the proposed east tower. Any reconstruction of the existing building violates Town Code
Section 12-8-1, applicable to nonconforming structures, and imperrnissibly expands the use of
the eassment granted by the Association.
(b) Pdrking Structure. In response to the Town's concerns regarding the
parking plan for the Liori Square Redevelopment Proposal, the parking has been reconfigrred in
the revised plans to inclulde a covered parking sffucture. However, the roof and/or the retaining
wall ofthe proposed parking structure encroaches into the required ten foot setback area.
Moreover, the sod coverdd roof was added to the Lion Square Redevelopment Proposal in
response to the PEC's o$ection to the lack ofpublic amenities provided by the applicant, as
required by Section l2-7H-18 of the Town Code. However, the Association maintains that a sod
covered roof is not a pubfic amenity, and the Association has serious concems regarding the
engineering ofthe roof, ihcluding drainage, and the potentially dangerous impact on the
Montaneros property.
(c)By way of background, the predecessor-in-title to the
Montaneros property off a portion of its property creating the Montaneros and Lion
Square parcels as configured. This conveyance was made based upon the plans for the
existing Lion Square
{00042830 / l }
the westem end of which is located approximately 60 feet from
Town Council
July 26, 2006
Page 3
the Montaneros building. The Town's setback requirements, adopted subsequent to that
conveyance, provide for a l0 foot setback from the property line, with the intended result ofat
least 20 feet separation of buildings. Conhary 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 ofwhich has been denied to both the Town and the Association, gives a good
idea ofjust 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 perrnit these stnrcfures.
4. The parking plan of the Lion Sguare 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 pmking spaces are smaller than that
required by the Town's Development Standards. Mcireover, 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 housins component of the Lion
Square Redevelopment Proposal mav not satistv Title 12. Chapter 13 of the Code, Section 12-
l3-1 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 Redevelonment Proposal violates the private propertvriehts of
nei ghborin g propertv 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 overMontaneros 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 concems
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 stucture is
proposed to be located within a few feet of the Montaneros building, seemingly requiring at a
minimum temporary, and possibly permane,nt, 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 }
o
Town Council
July 26, 2006
Page 4
(b)
We continue to urge the Town" as a party with enforcement rights under Section I 9,1 of the
Covenants, to consider the provisions ofthe Covenants, several ofwhich are violated by the Lion
Square Redevelopment Proposal as approved by the PEC.
7. The Ass6ciation 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 PEF with respect to the Lion Square Redevelopment Proposal, the failure of
the applicant to note re'qisions in the plans for the benefit of the PEC and the public, denied the
Association the opportunity to "submit exceptions to t}re record, contentions, and arguments with
respect to the issues entliled" as required by Section 12-36 ofthe Town Code. Please refer to
the Appeal for details of this matter.
Please consider tle foregoing matters at your August 1, 2006 hearing on the Lion Square
Redevelopment Proposall in addition to any other matters that caused the me,mbers of the Town
Council to call-up this dtcision for review. On behalf of the Association, we thank you for your
continued time and assigtance with this matter.
Bill Gibson
Montaneros Condominium Association
Very tulylorip,
{00042830 / l }
2.
*
o Attachment: G
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEENNG
June 26, 2006
PROJECT ORIENTATION - Town Council Chambers - PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
Chas Bernhardt
Doug Cahill
Dick Cleveland
Rollie Kjesbo
BillJewitt
BillPierce
Site Visils:
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, Yariances, lo allow for a new single family residence wilhin the fronl
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, represenled by Michael Suman Architect
Planner: Matt Gennett
ACTION: Tabled to July 10, 2006
MOTION: Bernhardt SECOND: Kjesbo VOTE:6-0-0
30 minutes
A request for a final review of a major exterior alteration, pursuant to Seclion 12-7H-7, Maior
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 forlh details in regard thereto. (PEC06-0019)
Applicant: Lion Square Lodge North Condominium Association, represented by Viele
Development
Planner: BillGibson
ACTION: Approved with conditions
MEMBERS ABSENT
Anne Gunion
SECOND: Bernhardt VOTE:5-1-0(Glevelandopposed)MOTION: Kjesbo
CONDITIONS:
Prior to Apolication for Buildino 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 Requestino a Temporarv Certificate of Occunancv
4) Prior to requesting a temporary certificate of occupancy for rhis 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 requiremenls (Chapter 12-13, VailTown Code), and
that said restrictions shall be made available for occupancy, prior to the
issuance of a temporary certificate of occupancy. ln 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 ol a
temporary certiticate 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 tansportation impact fee ol $45,500.
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 dislance 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 Redevelopmenl 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.
Slaff presented the application pursuant to the memoranduqn to the Commission daled, 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 construclion 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 Masler 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 slructure issue and
the revisions made to the plans since the previous public meeting.
Lee Sackna, legal represenlation 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-sile.
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
lhe need for the exterior colors to remain interesling 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 lor 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 ol
the comments of the other Commission members.
Chairman Cahill shared his support for the application given ils compliance with the Lionshead
Redevelopmenl Master Plan. He shared his beliel that additional contributions were needed for
the AIPP program. He suggested and forwarded his support for a master plan amendment lo
the Vail Town Council for changes to the build to.lines to create a better lransition 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 Redevelopmenl Master Plan, to require no net loss of parking, no net loss of
Page 3
TO:
FROM:
DATE:
SUBJECT:
Attachment D
A for a final review of a major exterior alteralion, pursuanl to Section 12-
7H-7,Exterior Alteralions or Modifications, Vail Town Code, lo allow for the
of the Lion Square Lodge North, located at 660 West Lionshead
8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard
thereto.1e)
Place/Lot
ARR|icantl
Planner:
The Lion Sq
Lionshead
Lion Square Lodge North Condominium Association, represen{ed*
by Viele Development, LLC
BillGibson
that the Planningrn.and
SUMMARY
The Community Development Department recommends
Environmental CQmmission approves with conditions the request for a final review of
a major exterior hlteration, pursuant to Section 12-7H-7, Major Exterior Alterations or
Modificalions, V{il Town Code, to allow for the renovation of the Lion Square Lodge
North, located at F60 West Lionshead Place/Lol 8, Block 1, Vail Lionshead Filing 3, and
setting forth details in regard thereto.
It.
Lodge North, located at 660 West Lionshead
Use 1 District (LMU-1), and is located within
Place, is zoned
lhe Lionshead
location of theRedevelopment
development site
The applicant is
construction of 9
er Plan area. A vicinity map identifying the
been attached for reference (Altachment A).
requesting approval of a Major Exlerior Alteration to allow for the
dwelling units; 650 sq. ft. of new retail space; a new filness center
for owners/53 total structured and surface parking spaces; a significant re-face
of the existing exterior; and relandscaping of the development site.
The applicant's calculations (Attachment B), the applicant's masler plan
compliance
developmenl
mitigation (
property owners (
allbeen attached reference.
Addilionally,
Montaneros
lo the Commission lrom property owners
(Attachment C), lhe applicant's summary of mitigations of
(Attachment D), the applicant's proposed employee housing
E), the applicant's letter about communication with adjacent
F) and proposed architectural plans (Attachment G) have
within the
reference
(Attachment H).
ium Association have also been attached for
t+s+l|.l{6{lt
o
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 sile 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 ll".
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 finalCertificate
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 Dislrict (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 masler 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 . ,;,.1i*irsi{ll{*lB$r
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 ol 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 musl review any accompanying Design Review Board
application.
Staff:
The slaff 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.
Slaff provides a staff memo containing background on the property and provides
a staff evaluation of the project wilh respect lo the required criteria and findings,
o
and a reFommendation on approval, approval with conditions, or denial. Staff
also facilitates the review process.
Town Cqtncil:
Actions of Design Revie-vrr Board or Planning and Environmental Commission
to the Town Council or by the Town Council. Town Councilmay
eval whether or not the Planning and Environmental Commission or Design
Review erred with approvals or denials and can uphold, uphold with
or overlurn the board's decision.
The following
Lodge North
The checklist is
conjunction with
relevant
was created to provide a means of evalualing the Lion Square
for compliance with the Lionshead Redevelopmenl Master Plan.
intended for the Planning and Environmental Commission to use in
their copies of the Lionshead Redevelopmenl Master Plan to locate
of the Master Plan which pertain to this proposal.
be
v.
Chapter 2: I
Chapter 4: Master Plan Recommendations-Overall study Are&*.i,../r..':'r(,.r..
Chapter 5,Plan Recommendations
Chapter 6, Site n Guidelines
Chapter 7,
Chapter 8,
Standards
and commercial core area. The incentives in this Zone District include
Design Guidelines
Lionshead Use-1 Zone District
12-7H-1: PUR
The Lionshead ed Use-l zone district is intended to provide sites for a mixture of
multiple-family , lodges, hotels, fractional fee clubs, time shares, lodge dwelling
units,offices, skier seruices, and commercial establishments in a clustered,
unified Lionshead Mixed Use 1 zone district, in acwrdance with the
Lionshead Master PIan, is intended to ensure adequate light, air, open
space and other
to maintain the
menities appropriate to the permitted types of buildings and uses hnd
deshable qualities of the District by establishing appropriate site
development This District is meant to encourage and provide incentives for
redevelopment arcordance with the Lionshead Redevelopment Master Plan.
This Zone was specifically developed to provide incentives for properties to
redevelop. The
lodging, housing
te goal of these incentives is to create an economically vibrant
lncreases tn a gross residential floor area, building height, and density over the
zoning in the Lionshead Redevelopment Master Plan study area.previously
The primary goal of the incentives is to create economic conditions favorable to inducing
private redevelopment consistent with the Lionshead Redevelopment Master PIan.
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 aft, 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. Permifted Uses: The tollowing uses shall be permitted in basement or garden
levels within a structure:
Banks and financial institutions.
Commercial ski storage.
Eating and drinking establishments.
Personal seruices and repair shops.
Professional offices, business oflrces and studios.
Public or private lockers and storage.
R ecre at i o n f aci I iti e s.
Retail establishm ents.
Skier ticketing, ski school, skier seruices, 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 permifted 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 lll (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: PERMTTTED AND CONDTTIONAL USES; FTRST FLOOR OB 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:
a
o
Banks, with walk-up teller facilities.
Eating and drinking establishments.
Becteation tacilities.
Retail stores and establishments.
Skier ticketing, ski school, skier seruices, and daycare.
Travel agencies.
Additional uses determined to be similar to permifted uses described in this
subsection, in accordance with the provisions of Section 12-3-4 ot 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.
Lodgps and accommodation units.
MultipleJamily residential dwelling units, time-share units, fractional fee
clubs, lodge dwelling units, and employee housing units (Type lll (EHU) as
provided in Chapter l3 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 CONDTTTONAL 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 tnits, fractional fee
clubs; lodge dwelling units, and employee housing units (Type lll (EHU) as
provided in Chapter 13 of this Title).
Additional uses determined to be similar to permifted 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:
Banki and financial institutions.
Conference facilities and meeting rooms.
Eating and drinking establishme nts.
Liquot stores.
Personal services and repair shops.
Professional offices, business offices and studios.
Radio, TV stores, and repair shops.
Flecreation facilities.
Retail establishm ents.
Skier ticketing, ski school, skier seruices, and daycare.Theaters.
s
l' .d,..!|,jl& |.l,(la
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
ouTstDE oF A BU\LD\NG):
The following conditional uses shall be permitted, subject to issuance of a eonditional
use permit in accordance with the provisions of Chapter 16 of this Title:
Bed and breaktast as further regulated by Section 12-14-18 of this Title.
Brew pubs.
Coi n-operated laundries.
Cgmmereial 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 serulce 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.
1 2-7H-d : ACCESSORY USES;
The following accessory uses shall be permifted 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 permifted and conditional uses.
Minor arcade.
Offices, Iobbies, Iaundry, and other facilities customarily incidental and
accessory to hotels, Iodges, and multipl*family uses,
Outdoor dining areas operated in conjunction with permitted eating and
dri nki ng establishments.
Swimming pools, tennis coutts, patios or other recreation facilities
customarily incidental to Permitted residential or lodge uses.
Other uses customarily incidental and accessory to permifted or conditional
uses, and necessary for the operation thereof.
1 2-7H-7: EXTERIOR ALTERATIONS OB MODIFICATIONS:A. Review Required: The mnstruction of a new building or the alteration of an
existing building that is not a major erterior alteration as described in subsection B of
this section shall be reviewed by the design review board in accordance with chapter 11
ot this title.
1. Submittat ltems Required: The submittat items required for a project that is not a
major exterior alteration shall be provided in accordance with section.l2-1 1-4 of this title.
B. Major Exterior Alteration: The construction of a new buitding or the atteration of an
existing building which adds additional dwelling units, accommodation units, fractional
6
]O
fee club units, tiryeshare units, any project which adds more than one thousand (1,000)
square feet of pommercial floor area or common space, or any project which has
substantial off si\e impacts (as determined by the administrator) shall be reviewed by the
planning and en,vironmental commisslon as a major erterior alteration in arcordance
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 df community development for planning and environmental commission
and design review board review.
1. Submiftal ltems Required, Major Exterior Alteration: The following submiftal items are
required:
a. Application: A4 apptication shall be made by the owner of the buitding or the building
owner's authorizqd agent or representative on a form provided by the administrator. Any
application tor cpndominiumized buildings shall be authorized by the condominium
association in qonformity with all pertinent requiremehts of the condominium
as soci atio n's d e clar atio ns.
b. Application; Cdntents: The administrator shall establish the submittal.requirements lor
an exterior alterbtion or modification application. A complete list of the submittal
requirements shall be maintaine:d by the administrator and filed in the department of
community develdpment. 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 eomprehensive plan. The
adminisfrator and/pr the reviewing body may require the submission of additional plans,
drawings, specificVtions, samples and other materials if deemed necessary to properly
evaluate the proposal.
C. Work Sesslgns/Conceptual Beview: lf requested by either the applicant or the
administrator, suQmittals may proceed to a work session with the planning and
environmental corhmission, a conceptual review with the design review board, or a work
sesslon with the tclwn 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 submifted, 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
shall lapse and
'at: Approval of an exterior alteration as prescribed by this article
void two (2) years following the date of approvalby the design
review board prior to the expiration, a building permit is issued and construction
is commenced diligently pursued to completion. Administrative extensions shall be
allowed for and unexpected delays as long as code provisions affecting the
proposal have not
1 2-7H-8 : COM PLI ATNCE BU R D EN :
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
o
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.
t2-7H-10: SETBACKS:
The minimum building setbacks shatt be ten feet (10') unless otherwise specified in the
Lionshead Redevelopment Master Plan as a build-to line.
1.2-7H-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: DENSIIY (DWELLING UNTTS PER ACRE):
Up to a thirty three percent (33%") increase over the existing number ot dwelling units on
a propefty or thirty tive (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 dwelting unit in a multiple-famity buitding may include one aftached accommodation
unit no larger than one-third (1/3) of the totalfloor area of the dwelling.
12-7H-13: GFOSS RESIDENTIAL FLOOR AREA (GRFA):
Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed
for each one hundred ftAQ 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 12-1 5-5 of this title.
1 2-7 H- 1 4: SITE COVERAG E :
Site coverage shall not exceed seventy percent (70%) of the total site area, unless
otherwise specified in the Lionshead Redevelopment Master Plan.
1 2-7H-1 5: 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: PARKTNG AND LOADING:
Otf street parkinp and loading shall be provided in accordance with chapter 1A of this
title. At least onelhalf (1/2) the required parking shall be located within the main building
or buildings. i
B. Outdoor Displilys: The area to be used for outdoor display must be tocated directty in
front of the establishment displaying the gaods and entirely upon the establishment's
own propefi. Sifewalks, building entrances and exits, driveways and streets shall not
be obstructed by outdoor display.
12-7H-17: LOCA OFBUSINESS ACTIVITY:
A. Limilations;fiion: All offices, busrnesses and seruices permitted by zone district,
and conducted entirely within a building, except for permiftedshall be
unenclosed or loading areas, the outdoor display of goods, or outdoor restaurant
seating.
reports prepared by qualified consultants. The ertent of mitigation and public amenity
improvements be balanced with the goals of redevelopment and will be determined
by the planning
wnditional use
environmental commission in review of development projects and
Mitigation of impacts may include, but is not limited to, the
following:improvements, pedestrian walkway improvements, streetscape
tracVbank improvements, public art improvements, and similar
intent of this section is to only require mitigation for large scale
projects which produce substantial off site impacts.
12-7H-18:
Property
their
reasonable
Address: I
Legal Descriptionl
Lot Area: I
Building Height:
GRFA:
RetailSpace:
Site Coverage:
Landscape Area:
Zoning:
Land Use Design{tion:
Develooment Sladdard
Setbacks AllSide$:
TION OF DEVELOPMENT IMPACTS:
levelopers shall also be responsible for mitigating direct impacts of
on public infrastructure and in all cases mitigation shall bear a
to the development impacts. lmpacts may be determined based on
660 West Lionshead Place/
Lot 8, Block 1, Vail Lionshead Filing 3
0.95 acres (41,513 sq. ft.)
Lionshead Mixed Use 1 (LMU-1)
Lionshead Redevelopment Master Plan Area
vl.
Allowed/Required
10 ft. min.
71 ft. avg.
82.5 ft. max.
Proposed
10 ft.
52 ft. avg.
78 ft. max.
49,394 sq. ft.
650 sq. fl.
26,509 sq. ft. (64%)
11,100 sq.ft. (27"h1
36 DUs (133% of 27) mat<. 36 DUs
103,782 sq.ft. max.
N/A
29,059 sq.ft. (70%) max.
8,302 sq.ft. (20%) min.
9
improvements,
improvements.
Parking:
Employee Housing
53 total spaces min.
(51 DUs+2Retail)
1 Type lll/lV EHU min.
53 total spaces
1 Type lll/lv EHU
(off-site)
vll.SURROUNDING LAND USES AND ZONING
North:
South:
East:
West:
Land Use
Residential
Mixed Use
Mixed Use
Mixed Use
Zonino
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
Lionshead Mixed Use 1 District
vill. MAJOR EXTERTOR ALTERATTON REVTEW CRITERTA
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 withJherpurposes-rqr;ii,irt-rrgr8ll
of the Lionshead Mixed Use 1 zone district;
Statf Resnonse:
The purposes of the Lionshead Mixed Use 1 zone districf are stated in Seciion
12-7H-1, Purpose, VailTown 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{amily dwellings, hotels, fractional fee clubs, reslauranls, skier seMces
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 lhe Lionshead Redevelopmenl
Master Plan.
The applicant is proposing the construction of g new dwelling units, 650 sq. ft. of
new retail .space; a new litness center for owners/guests; 53 total structured and
surface parking spaces; a significant re-face of the existing buibing 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 developmenl 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 ol the Lionshead
Redevelopment Master Plan;
Staff Response:
Chapler 2: Introduction
l0
ratt'o(r!*e$5
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 charader.
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 pertorming atts venLtes, conference facilities, ice rinks,
streetscape, parks and other recreationat improvements.
3) Stronger Economic Base Through lncreased Live Beds
ln 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 \varm beds")
through new lodging products.
4) lmproved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
5) lmproved I nfrastructure
The infrastructure of Lionshead (streets, wall<ways, transpoftation systems,
parking, utilities, loading and detivery systems, snow removal and storage
capacity) and its public and private seruices must be upgraded to support
redevelopment and revitalization efforts and to meet the seruice
expectations of our guests and residents.
6) Creative Financing for Enhanced Private Profits and Public Bevenues
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 conlorms 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 Monlaneros. 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 wilh the
Arrabelle project, in addition to a new slreet level retail space at the easl side of
the property, will increase lhe vitality of the Lionshead area adjacenl lo 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 unils. However, many of these
existing dwelling units are rented to guests and funclion 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
n
Mixed Use 1 District, no accommodation or fractional fee units are proposed. lt
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 Anabelle development project lo improve lhe access, circulation, and
intrastructure of Lionshead adjacent to the site.
Chapter 4: Master Plan Recommendations
Section 4.3 ol the Lionshead Redevelopment Master Plan address the physical
conneclion of Lionshead to the natural environment- Sub-Section 4.3.'t.1
address the need for the preservation 'public" view corridors (none of which exist
near this site), bul 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 lo sun access and mounlain 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. $lsff -- I'q;11v1n1.1,rr
believes the proposed 'tower-like" additions will have much less impact to sun
access or views than a zoning compliant design adding building bull</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 projectts.
Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art.
Since the Lion Square Lodge Norlh is not located on the Lionshead "retail mall",
the applicant is not proposing any public art at this time.
t2