HomeMy WebLinkAboutCASCADE VILLAGE AREA A PARKING ALLOCATIONS LEGALCascactre- Vi\\ac1e-
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Memorandum to the File
June 26, 2008
There is a Privileged and Confidential memorandum from
Larry Eskwith, Town Attorney, to the Vail Town Council
dated August 17, 1992, which discusses the Cascade
Village Parking Structure and the impacts of the differing
ownership. This memorandum is on file in the Town
Attorney's office. lt is available only for those whom the
Town Attorney deems able to review the document.
Warren Campbell, Chief of Planning
w&x.F5TY ngtlEtoF$€f{r
Gazrz.Vll"T*
Ftannins and fnvironmenta , "'*"ry*"ffW ACTION FOH.M
Department of Community Delelopme*t
?5 SauEh Front*ge Road. Vail, Calorado 81657
tel: C70.479.2139 fax: 97$.479.245?
rr*eb: www.v*iloov-rom
Project Name: VAIL CASCADE VARIANCE
Project Description:
Participants:
Project Address:
Legal Description:
Parcel Number:
Comments:
PEC Number: PEC060045
FINAL APPROVAL FOR A VARIANCE FROM THE TOWN OF VAIL DEVELOPMENT STANDARDS
CHAPTER 5, TABLE 4, REQUIRING A 20' WIDE GARAGE DOOR ON A TWO WAY PARKING
GAMGE ACCESS
OWNER CASCADE VILIAGETHEATER INC 06/16/2006
PO BOX 1152
VAIL
co 816s8
APPUCANT RKD ARCHITECTS 06l L6l 2006 Phone: 970-926-2622
PO BOX s055
EDWARDS
co 81632
License: C000001770
ARCHITECT RKD ARCHNECTS 06l1612006
PO BOX 5055
EDWARDS
co 81632
License: C000001770
1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRryE
Loil Block: Subdivision: COLOMDO MOUNTAIN CONDO
2103-121-1400-5
See conditions
Phone; 970-926-2622
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
Cleveland
Jewitt
Action: APPROVED
Date of Approvalt 07 12412006
Cond: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
a pprova l.
Cond: CON0008322
1.That a traffic control signal device (stop sign W mirror), as specified by the
. \ l.+\ : I : .. )i'"ti..-.1..'. :' ".
:I.'{'. . -q y,, i'; \ i' q, . i.r. i i. .lPublic Works Department, will be mounted on the interior of the new garage entry by
"'l 'r\\a' " tthe applicantto indicatewhen anothervehicle is driving toward the entrance atthe
same time a driver is attempting to exit the garage. The device shall be installed
by the applicant prior to a TCO being issued by the Community Development Department
for the Vail Cascade Residences
Planner: Matt Gennett PEC Fee Paid: $500.00
rOI4'NW
. Re.oning . Major Sqbdlvi$hfl . Minor Subdivision ^ BempliFn Flf,t
' MinorAntendmerrt [o an SDD r Ner /Sp€clal Ehvehpment pbttict . MqjorAmendment to an$CD . MajorAmendmonttaEnSED
(noe e of ngdtllmtlons)
A6/L5|2EAE 12:]L
FROM
97A4795326 LINDSTROM
08 04 2061 12:10/51.12:10
PA6E A1,/A1,
P001
Application for Review by the
Planning and Environmefl tal Commission
ftpartment ol ComTnunity De,,elopmcnt
75 South Frontage Road. Vrril. Qlondo B1SET
tel: 9?0.479.2139 fax; 970.479,2452
webl www.v611ggv,q9rn
General I nformatipn:
All projects re,ruifing Planninu and Ervironntental Conrmission review must recdve applolel prlor to Gubmittmg a
buildlns- permit.Bpplloqtlon. Plcmc rcrer to the-submittal regulremenF tor.the psrtioulut approval that is reqr.res6a.
An apHh'atcn for Planning and Envircnrnental frmmiasion revew cannol De abepted until'all required nfo'rmatton is ter:eived.by the Corrvnunity Eevelopnrent Depafinont The pruiect may abo n'ee<t to llc rcviswed ry flre iown
Cou4oll snd/or the Dcshn Revto/v Boatd.
Type ofnpplication and Fee:
- Conditional Use Permit ^ Floodphh Modlflcatlon . Minor l;xlerior Alteration . iilalor qtenor Allefauon . Dqvolopfi€nt Plan . Amendment to a Develonnrerrt Plarr . ZonlDfi Code AfieDdment . variance . s|gnVanatrce
Descriptlon of the Requesl' Variance frpm TOY Deve Standards
e 4,requrnnq a
Locat;on of flre FropooSl: !ot:_Ebclt:_..nuu tt4 Area
Physical Addregs: --11!]4/e9!hgven Drive
Parcd Nq,:210312114005 "r-:yya-- (Conroa Eagrle Co. Asscssor at 970.328-8840 for parcet no.)
Zoning:SDD
Ndme(s) of owner(B); Vail Cascade Residences, LLC attn: Steve Llndqtrgrl
Malllng Addresst 1152, Vail. GO
Owner(e) Signature(s):
Narne of Appli"un,, RKD Architects, Inc. aftn: Sa Brainerd
MaitinsAddre="t Box 5055, Edwardo, C0 81632
...-
E-mait Address: sally@rkdarch.com Fax 926-gEZz
$1300
$1$0s
$6tr0
$650
$1000
sFo00
$6000
$1250
$650
s400
$EJO
$800
$1500
9250
$1300
s500
s200
o
6*o
o f,vl
*:********{'********f,***********************'t * * ****** * * * + * * * **{.***** *********'}*****'N.*,i********
TOWNOFVAIL, COLORADO Statement *{'**+*** * * *****+*****i.***+***** * * * * +* * *:}* ******** ****** ***+************* *:1. * * * * * + +* * * * * * * * * * +
Statement Number: R0600009L6 Amount.: 9500.00 06lt6/200609:19 AM Palment Method: Check Init: iIS
Notation: 20L9IRI(D, rNC.
Permit No:
Parcel No:Site Addrees :
Location:
This Payment:
PECo60045 Type: PEC - Variance
2103-r.21-1400-5
131.0 WESTHAVEN DR VAIL
].310 WESTHAVEN DRIVE
s500.00
Total- Fee6:
TOLAI ALL PMt'S :
BaLance:
$soo. oo
$500 - 00
$0.00 ***{.**{.******r(*********,}****+***************.t******+*+*********+******t*****.***.***,},r.**,t*,t***
ACCOUNT ITEM LIST:
Account Code Description current Pmts
PV 0 010 00 03 L12 s00 PEC APPLTCATION FEES 500 .00
Vail Gascade Residences
Legend
7/ ttwrtrt
tompohb
200{ CobrA€filPhohs
tr
le County C
Use of ttris
of the data
ment Disclaimer: This map was created by the Eagle
should be for general purposes only. Eagle County does
tEt L- Fopyright 2005.
County GIS
not warrant the
*3t-3r+
ltg
+l-3D
THIS ITEM MAY AFFECT YOUR PROPERry
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a major exterior alteratiqn, pursuant to Seclion 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to for additions to, and
review of a variance
to Chapter 12-17,
the renovation of, the Lion Square Lodge East; a request for
from Section 12-7H-10, Setbacks, Vail Town Code,
Variances, Vail Town Code. to allow for encroachm ; and a request
for a final review of a recommendation to the Vail T an amendment to
Chapter 5, Detailed Plan Recommendations,Master Plan, to
create build-to-lines to allow for
Lionshead Place/Lot 1, Vail Lionshead
regard thereto. (PEC06-0041 )Applicant: Lion Square Lodge East,Planner: Bill Gibson
A request for a final review of a
Code, pursuant to Chapter 12-17,
front setback, located at 265 Beaver
setting forth details in
Applicant: David
setbacks;at 660 West
rth details in 1, and
12-68-6, Setbacks, Vail Town
garage addition within the
, Vail Village Filing 1, and
Architects
Planner:
A request
Structure
Chapter 14-5, Parking Lot and Parking
to Chapter 12-17,Yanances, to allow
for a
width
be 12 ) wide instead of the required minimum
at Vail Cascade ResidencesA/ail Cascade Subdivision,
(PECo6-0045)
by RKD Architects, Inc.
A request of a floodplain modification, pursuant to Chapter 14€,
Code, to altow for tine installation of a sanitary sewer line Grading
in the Gore , located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1't
Addition, and details in regard thereto. (PEC06-0046)
Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21 , Hazard
Regulations, 14-7, Geologic/Environmental Hazards, and 1+10, Design Review
Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add
wildfire hazard to the Hazard Regulations and require mitigation in high and extreme
wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029)
Applicant: Town of Vail Planner: Rachel Friede
forafi
Design ")frL
A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption
Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the
common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive,
Bighorn Subdivision, and setting forth detaits in regard thereto. (PEC06-0048)
Applicant Fred and Janet Streich and Sandy Salmons
Planner: Matt Gennett
A request for a final review of a variance, from Section 12-6D-8, Density Control, and
Section 12-15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a
primary/secondary development to construct more than
residential floor area (GRFA), located at 1989 Circle
Subdivision, and setting forth details in regard thereto. (P
James Garland and John Kirschner.
BillGibson
the allowable gross
t 27, Buffehr Creek
Galen Aasland Applicant:
Planner:
A request for a final review a major exterior , pursuant 12-7J-12,
Major Exterior Alterations or Modifications, V Code. to allow construction
of the Timberline Lodge, located at 1783 rontage Creek
Subdivision, and setting forth details in
Applicant: Timberline Roost Lodge, LLC,uriello Planning Group, LLC
Planner: George Ruther
A request for a final review of to Chapter 14-6,
Grading Standards, Vail Town of the Gore Creek
streambank and mod
, floodplain, located at
atbr Park, in the Gore Creek
(generally located east of the
lnternational and setting forth details in regard thereto.
9-1
)
Barrie
about the proposals are available for public inspection
Vail Community Development Department, 75 South
I to attend project ori€ntation and the site visits that
own of Vail Community Development Department.
additional information.
is available upon request, with 24-hour notification. Please
lmpaired, for information.ne for the Hearing
(PEC06-0050)
i. : ' APPlicant:'" lr . Planner:
I r'' -.' tne a
duri
F
Please
Sign language
call970-479-2
IS
ln
Road. The
Published July 7, 2006, in the Vail Daily.
I
VAIL CASCADE RESIDENCES - ADJACENT PROPERW OWNERS LIST
MILLRAGE
*ffi*
Millrace Condominium Association
c/o Julie Grimm, Registered Agent
1000 S. Frontage Road West, Suite 200
Vail, GO 81657
1 GEORGIA FOX MCINTOSH T983 REVOGABLE
TRUST
2017 WNDSOR PL
FT WORTH, TX 76110
PHYSICALADDRESS: 001320WESTHAVEN DR. 1A
LEGAL DESCRIPTION:
GONDO: MILLRACE UNIT:14 BK-0521
PG-0051 PTD 01-11-90 R721693 QCD
01-19-00 R792272 QCD 04-10-02
R805971 QCD 08-29-02 R823201 QCD
02-06-03 R823203 QCD 02-06-03
R877185 QCD 05-07-04 R877187 QCD
05-07-04
2 HANNEN, KEVIN P.
3409 PATRICK ST
ST CHARLES, LA 70605
PHYSICALADDRESS: 001320WESTHAVEN DR, 1B
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:18 BK-0521
PG-0052 PTD 01-11-89 BK-0523
PG-0117 PTD 01-11-90
3 CASSIS INVESTMENTS LTD
C/O DON BAKER
633 W sTH ST STE 4000
LOS ANGELES, GA 90071-2007
PHYSICALADDRESS: 001320WESTHAVEN DR, 1C
|"
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1C BK-0461
PG-o108 PTD 04-16-87 BK-0464
PG-0881 BK-0556 PG-0657 PTD
06-20-91
4 ANIINVESTMENTS LTD
C/O DON BAKER
633 W F|FTH ST STE 4000
LOS ANGELES, CA 90071-2007
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 1D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1D BK-0464
PG-0881 QCD 06-04-87 BK-0556
PG-0656 PTD 06-20-91 BK-0461
PG-0109 PTD 04-16-87
5 HUFF, GLEN & MARSHA
511 VILLA CROSSING
SOUTH LAKE, TX 76092
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 1E
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1E BK-0461
PG-0110 PTD 04-16-87 BK-0464
PG-0881 BK-0556 PG-0655 PTD
06-20-91 BK-0569 PG-0911 SWD
11-25-91 BK-0678 PG-0387 QCD
10-16-95 BK-0679 PG-0512 QCD
10-21-95 R853873 QCD 10-16-03
6 NEPTUNE PARTNERS LTD
252 CLAYTON 400
DENVER, CO 80206
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 1F
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1F BK:0437
PG-0979 QCD 03-10-86
7 BROE, PATRTCK D.
c/o BRoE co
252 CLAYTON ST 4TH FL
DENVER, CO 80206
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 1G
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1c BK-0521
PG-0050 PTD 01-11-89
8 LIFCHEZ, AARON S. & ROBERTA A.
525 SUNSET LN
GLENCOE, tL 60022-1141
PHYSICALADDRESS: 001320WESTHAVEN DR. 1H
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:1 H
9 TALOUMIS, LOUIS J. & LORIJ.
5855 GLADSTONE ST
COLORADO SPRINGS, CO 80906
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 2A
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:2A BK-0437
PG-0098 QCD 01-20-86 BK-0685
PG-0314 SWD 12-22-95
1O FERRIS, BROOKE
PO BOX 216
vAtL, co 81658
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 28
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:28 BK-0437
PG-0099 QCD 01-20-86 BK-0592
PG-0272 QCD 10-15-92
11 POWERS, SUSAN L.
177 RIVERSIDE AVE
NEWPORT BEACH. CA 92663
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 2C
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:2C BK-0445
PG-0894 WD 12-18-86 BK-0499
PG-0907 WD 01-24-89
12 LO PORTO, JOHN J.
ctNToRtNo, THOMAS J.
21 APPLETREE GREEN
NASHUA, NH 03062-2234
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 2D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:2D BK-0521
PG-0460 PTD 01-18-90 BK-0523
PG-0116 PTD 01-18-90
13 MULONE, NICHOLAS P. & SANDRA L.
304 STONEYBROOK DR
GHESW|CK, PA 15024
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 2E
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:2E BK-0461
PG-0107 PTD 04-16-87 BK-O464
PG-0881 BK-0556 PG-0654 PTD
06-20-91 BK-0569 PG-0731 WD
12-30-91 R655558 QCD 05-04-98
R768908 QCD 09-25-01
14 MAHONEY, MICHAEL F. & JULIE A.
7210 SPRING CREEK CIR
NtwoT, co 80503
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 2F
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:2F BK-0461
PG-0105 PTD 04-16-87 BK-0464
PG-0881 BK-0557 PG-0045 PTD
06-28-911
4
15 STITZER, LOUISE P. & NANCY ANNE
8768 WINDHAVEN DR
PARKER, CO 80134
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 4A.VA|L
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:4A BK-0342
PG-0158
WEINSTEIN, JOSEPH & BARBARA.
TANENBAUM, ALAN & JILL
6772 BRIGADOON DR
BETHESDA, MD 20817
PHYSICAL ADDRESS: 001320 WESTHAVEN DR.48. VAIL
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:4B BK-0342
PG-o158 R768194 QCD 08-27-01
R768193 QCD 09-13-01 R834588 QCD
05-15-03
JAMES K. ARONSTEIN TRUST
PATRICIA H. ARONSTEIN TRUST
1560 BROADWAY STE 14OO
DENVER, CO 80202
PHVSICAL ADDRESS: oo132o WESTHAVEN DR. 4C
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:4C BK-0342
PG-o158 BK-0375 PG-0417 QCD
12-1 2-83 BK-O377 PG-01 45 QCD
12-30-83 BK-0377 PG-0561 QCD
01-17-84 BK-0522 PG-0364 oCD
01-24-90 BK-0545 PG-0262 QCD
12-26-89 BK-0557 PG-0368 WD
06-27-91 BK-061 5 PG-071 I WD
08-05-93 R937046 QCD 10-20-05
16
17
18 ALONZO, MIGUEL
BOSQUE DE ZAPOPAN 48
LA HERRE DURA D F 53920
MEXTCO
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 4D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:4D BK-0521
PG-0049 PTD 01-11-90
19 HAVEKOST, DANIEL J.
1121 GRANT ST
DENVER, CO 80203
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 5A
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:5A BK-0342
PG-0158 BK-0521 PG-0143 QCD
11-16-89 R816495 SWD 11-22-02
20 WENCEL, JOHN T. & CELESTE S.
121 NAUTILUS DR
MAD|SON, Wt53705
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 58
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:SB BK-o342
PG-o158
21 ARONSON,AMYB.
560 POLLY PARK RD
RYE, NY 10580
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, sC
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:SC BK-0520
PG-0528 WD 12-27-89 BK-0568
PG-0703 WD 11-22-91 BK-0613
PG-0143 WD 06-22-93
22 AXIS HOLDINGS LTD
170 MIDWEST RD SCARBOROUGH
ONTARIO MlP3A9
CANADA
PHYSICAL ADDRESS: OO132O WESTHAVEN DR, 5D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:SD BK-0334
G-0541 WD 12-01-81B.K-0342 pc-0158
23 CASTILLO, ROBERTO SOLIS
1OOO S FRONTAGE RD W STE 2OO
vAlL, GO 81657
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 64
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:6A R673126 QCD
10-14-98
24 GOETZE, HENRYJ. & NANCYC.
153 S ST
HIGHLAND, NY 12528
PHYSICALADDRESS: 001320WESTHAVEN DR, 68
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:68 BK-0342
PG-0158 BK-O422 PG-0050 QCD
08-05-85 BK-0430 PG-0713 oCD
1 1-14-85
25 MOON, KATHERINE
256 SEABOARD LN Gl03
FRANKLIN, TN 37067
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 6C
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:6C BK-0342
PG-o158 R941209 QCD 12-20-05
26 KARLIN FOODS CORP
184s OAK ST 19
NORTHFIELD, IL 60093
PHYSICAL ADDRESS: 001320 WESTHAVEN DR. 6D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:6D BK-0461
PG-0106 PTD 04-16-87 BK-0464
PG-0881 BK-0556 PG-0680 PTD
06-20-91
27 WISOWATY, PETER N. & CAMERON E.
1851 PARK BLVD
PALO ALTO, CA 94306-1112
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 7A
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:7A BK-0342
PG-0158 R757564 QCD 05-22-01
R757565 QCD 05-16-01
28 TERRAVIR LLC
11302 HOLIDAN WAY
HOUSTON, TX77024
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 78
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:7B BK-0342
PG-0158 BK-0492 PG-0529 SWD
09-28-88 BK-0493 PG-0930 QCD
09-30-88 R645538 QCD 01-21-98
29 SHAW, NANCY J.
1O8O S COLORADO BLVD
DENVER, CO 80246
PHYSICAL ADDRESS: OO132O WESTHAVEN DR, 7C
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:7C BK-0667
PG-0262 SWD 05-11-95
30 LAKE SIDE REAL ESTATE LLC
10581 TREMONT DR
FISHERS, tN 46037
PHYSICAL ADDRESS: 001320 WESTHAVEN DR, 7D
LEGAL DESCRIPTION:
CONDO: MILLRACE UNIT:7D BK-0332
PG-0528 WD 11-19-81 BK-0332
PG-0529 WD 11-19-81 BK-0342
PG-0158 BK-0452 PG-0006 PTD
11-12-86 R200612519 oCD 05-11-06
CASCADE CLUB CONDO
31 L-O VAIL HOLDING INC
C/O DELOITTE & TOUCHE LLP
5550 LBJ FREEWAY STE 7OO
DALLAS, fX 75240
PHYSICAL ADDRESS: 001000 FRONTAGE RD. 1
LEGAL DESCRIPTION:
GONDO: CASCADE CLUB CONDO UNIT:1
BK-0464 PG-0886 BK-0556 PG-0617
05-20-91 BK-0565 PG-0927 PTD
10-30-91 BK-0685 PG-0028 SWD
12-27-95 R929900 EAS 09-19-05
92 L-O VAIL HOLDING
C/O DELOITTE & TOUCHE LLP
55517TH ST STE 3600
DENVER, CO 80202
PHYSICAL ADDRESS: 001000 FRONTAGE RD.2
LEGAL DESCRIPTION:
CONDO:CASCADE CLUB CONDO UNIT:2
BK-0464 PG-0886 BK-0556 PG-0618
DEED 05-20-91 BK-0565 PG-0927 PTD
10-30-91 BK-0685 PG-0028 SWD
12-27-95 R929900 EAS 09-19-05
33 VAIL PARKING LLC
2990 BOOTH CREEK DR
vAtL, co 81657
PHYSICALADDRESS: 001000 FRONTAGE RD, 3
LEGAL DESCRIPTION:
CONDO: CASCADE CLUB CONDO UNIT:3
BK-0464 pc-0886 BK-0567 pG-0025 pTD
11-1s-91 BK-0583 PG-0766 WD
05-20-92 BK-0597 PG-0089 SWD
12-15-92 BK-0597 PG-0090 SWD
12-15-92 BK-0658 PG-0172 SWD
12-27-94 R929900 EAS 09-19-05
34 CASCADE CLUB LTD
C/O DELOITTE & TOUCHE LLP
55517TH ST STE 3600
DENVER, CO 80202
PHYSICAL ADDRESS: 001000 FRONTAGE RD. 4
LEGAL DESCRIPTION:
CONDO:CASCADE CLUB CONDO UNIT:4
BK-0464 PG-0886 R929900 EAS
09-19-05
35 MIRUS LLC
C/O WN MANAGEMENT
PO BOX 7270
AVON, CO 81620
PHYSICAL ADDRESS: 001000 FRONTAGE RD
LEGAL DESCRIPTION:
SECT,TWN,RNG:12-5-81 DESC: PCLIN
SW1/4NE1/4 AKA WESTHAVEN SITE
BK-056s PG-O927 PTD 10-10-91
BK-0673 PG-0356 WD 08-01-95 R665215
EAS 08-06-98 R888339 WD 08-16-04
R929900 EAS 09-19-05 R929901 DEC
09-19-05
36 FERRY, TERRANCE F. & GAIL LOWENTHAL
1390 WESTHAVEN DR 6
vAtL, co 81657
PHYSICAL ADDRESS: 001390 WESTHAVEN DR
l0
LEGAL DESCRIPTION:
SUB: CASCADES ON GORE CREEK LOT:6
BK-0595 PG-0311 DEC 11-19-92
BK-0596 PC-M66 MAP 12-11-92
R871358 QCD 03-16-04
COLORADO MOUNTAIN CONDOMINIUMS
*nffi
The Golorado Mountain Gondominium Association, Inc.
c/o Julie Grimm, Registered Agent
1000 S. Frontage Road West, Suite 200
Vail, GO 81657
37 HIGGINS, THOMAS B.
CIOAMERICAN SKI EXGHANGE II INC
225 WALL ST
vAtL, co 8{657
PHYSICALADDRESS: 001310WESTHAVEN DR, C001
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:C-001 BK-0566
PG-0897 PTD 11-14-91 BK-0709
Pc-0027 EAS 10-21-96
38 SIROTKIN, NEIL & GABRIELA
2121N FRONTAGE RD W I97
vAtL, co 81657
PHYSICAL ADDRESS: 001310 WESTHAVEN DR. C101
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:C-1 01 BK-0566
PG-0897 PTD 11-14-91 BK-0709
PG-0027 EAS 10-21-96 R699673 SWD
06-08-99 R789764 QCD 03-20-02
R789767 QCD 03-20-02
39 SIROTKIN, NEIL
2121 N FRONTAGE RD W 197
vAtL, co 81657
l1
40
PHYSICAL ADDRESS: 001310 WESTHAVEN DR. C202
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAI N
CONDOMINI UMS UNIT: C-zoz BK-0566
PG-0897 PTD 11-14-91 BK-0709
PG-0027 EAS 10-21-96
L-O VAIL HOLDING INC
C/O DELOIfiE & TOUCHE LLP
5550 LBJ FREEWAY STE 7OO
DALLAS, TX7524O
PHYSICAL ADDRESS: 001310 WESTHAVEN DR. D001
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:D-001 BK-0387
PG-0619 BK-0458 pG-0324 WD 02-25-87
BK-0556 PG-0618 05-20-91 BK-0565
PG-0927 PTD 10-30-91 BK-0685
PG-0028 SWD 12-27-95 BK-0709
PG-0027 EAS 10-21-96
ASKEW, RONALD G. & VIRGINIA F.
3840 WINDSOR LN
DALLAS, TX 75205
PHYSICAL ADDRESS: 001310 WESTHAVEN DR, R1
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:R-1 BK-0387
PG-0619 BK-0399 PG-0813 WD
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0709 PG-0027 EAS
10-21-96
SSK INVESTMENTS LLC
4315 WASHINGTON ST
GoLUMBUS, tN 47203
PHYSICAL ADDRESS: 001310 WESTHAVEN DR, R2
41
42
t2
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:R-2 BK-0387
PG-061 9 BK-0399 PG-0813
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0709 PG-0027 EAS
10-21-96
NYQUIST, JAMES A.
DURELS, JOCELYN E.
967 SCTOTO DR
FRANKL|N LAKES, NJ 07417-2821
PHYSICAL ADDRESS: OO131O WESTHAVEN DR, R3
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT: R-3 BK-0387
PG-0619 BK-0399 PG-0813 10-31-84
BK-0s66 PG-0898 PTD 11-14-91
BK-0709 PG-0027 EAS 10-21-96
NEUFELD ENTERPRISES LLC
PO BOX 11387
GREEN BAY, WI54307
PHYSICAL ADDRESS: 001310 WESTHAVEN DR, R4
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOM INIUMS UNIT:R.4 BK-0387
PG-061 I BK-0399 PG-081 3
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0598 PG-0400 QCD
12-30-92 BK-0709 PG-0021 EAS
10-21-96
KNIGHTSBRIDGE REALTY CORP
C/O WIGGIN & DANA
450 LEXINGTON AVE STE 38OO
NEW YORK, NY 10017
PHYSICAL ADDRESS: 001310 WESTHAVEN DR, R5
t3
47
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT: R-5 BK-0387
PG-061 I BK-0399 PG-081 3
10-31-84 BK-0s66 PG-0898 PTD
11-14-91 BK-0709 PG-0027 EAS
10-21-96
COVINGTON REALTY CORP
C/O WIGGIN & DANA
450 LEXINGTON AVE STE 38OO
NEW YORK, NY 10017
PHYSICAL ADDRESS: 001310 WESTHAVEN DR. R6
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT: R-6 BK-0387
PG-061 9 BK-0399 PG-081 3
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0709 PG-0027 EAS
10-21-96
HARTUNG, CHARLES G. & PETRA T.
4OOO DUSTIN RD
BURTONSVILLE, MD 20866
PHYSICAL ADDRESS: 001310 WESTHAVEN DR. R7
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAI N
CONDOMI Nl UMS UNIT: R-7 BK-0387
PG-061 I BK-0399 PG-081 3
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0709 PG-0027 EAS
10-21-96 R848279 DC 05-16-03
MONFORT, CHRISTINE A.
3519 HOLMAN CT
GREELEY, CO 80631
PHYSICAL ADDRESS: 001310 WESTHAVEN DR, RB
t4
LEGAL DESCRIPTION:
CONDO: COLORADO MOUNTAIN
CONDOMINIUMS UNIT:R-8 BK-0387
PG-061 I BK-0399 PG-081 3
10-31-84 BK-0566 PG-0898 PTD
11-14-91 BK-0652 PG-0941 QCD
10-12-94 BK-0709 PG-0027 EAS
10-21-96
49 L-O VAIL HOLDING INC
C/O DELOITTE & TOUCHE LLP
5550 LBJ FREEWAY STE 7OO
DALLAS, TX75240
PHYSICALADDRESS: 001000 FRONTAGE RD
LEGAL DESCRIPTION:
SECT,TWN,RNG: 1 2-5-81 DESC: PCLIN
SW1/4NE1/4 NWAPLMA & TERRACE
slTE BK-0565 PG-0927 PTD 10-10-91
BK-0685 PG-0028 SWD 12-27-95
50 L.O VAIL HOLDING INC
C/O DELOITTE & TOUCHE LLP
6363 N STATE HWY 161 STE 8OO
tRvtNG, TX 75038-2262
PHYSICAL ADDRESS: 001300 WESTHAVEN DR
LEGAL DESCRIPTION:
SECT,TWN,RNG:1 2-5-81 DESC: PCLIN
sw1/4NE1/4 BK-0403 PG-0541 WD
12-27-84 BK-0403 PG-0542 oCD
12-27-84 BK-0464 PG-0883 BK-0556
PG-0618 DEED 05-20-91 BK-0565
PG-0927 PTD 1 0-30-91 BK-O572
PG-0247 DEED 02-06-92 BK-0685
PG-0028 SWD 12-27-95
15
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission (PEC)
Community Development Department
July 24, 2006
A request for a final review of a variance from Chapter 14-5, Parking Lot
and Parking Structure Design Standards For All Uses, pursuant to
Chapterl2-17, Variances, Vail Town Code, to allow for a garage entry
opening to be 12 feet ( 1 2') wide instead of the required minimum width of
twenty feet (20'), located at Vail Cascade ResidencesA/ail Cascade
Subdivision, and setting forth details in regard thereto. (PEC06-0045)
Applicant: Steve Lindstrom, represented by RKD Architects, Inc.Planner: Matt Gennett
il.
SUMMARY
The applicant, Steve Lindstrom, represented by RKD Architects, is requesting a
variance from Chapter 14-5, Parking Lot and Parking Structure Standards forAll
Uses, Vail Town Code, to allow for a new residential garage opening to be
approximately twelve feet (12') wide instead of the required minimum of twenty
feet (20') for a two-way drive aisle into a residential parking structure for the
proposed Vail Cascade Residences project, located at 1310 Westhaven
Drive/Area A, Cascade Village.
Pursuant to the criteria and findings listed in Section Vlll of this memorandum,
and the conditions listed in Section lX of this memorandum, staff recommends
approval with conditions of the applicant's request.
DESCRIPTION OF THE REQUEST
The applicant, Steve Lindstrom, represented by RKD Architects, is requesting a
variance from Chapter 14-5 Parking Lot and Parking Structure Standards for All
Uses, Vail Town Code, in order to create a twelve foot (12') wide parking garage
entry at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A,
Cascade Village. The applicant wishes to utilize a portion of the lowest level of
the "CMC Building", which is presently unused classroom and mechanical room
space, as an enclosed parking structure comprised of thirteen (13) parking
spaces for the eleven (11) new residences approved by a major amendment to
Special Development District (SDD) No. 4. The variance application is required
as the minimum width of an opening for a residential parking garage accessed by
a two-way drive aisle is twenty feet (20'), in accordance with Chapter 14-5. The
existing, private drive is approximately twelve feet (12') wide, about the same
width as the proposed garage entrance and for a span of about forty feet (40'),
there is the potential for two cars traveling in the opposite direction to be on the
service road at the same time. The access drive between the existing service
| 1r.
road and the proposed garage door will be augmented with a pull-out space in
the event that two of the thirteen (13) possible cars are present at the garage
door simultaneously (Attachment C). A vicinity map has been attached for
reference (Attachment A).
BACKGROUND
Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted
by Ordinance No. 5, Series of 1976. The entire Cascade Village site is
approximately 97.5 acres.
The construction of the Colorado Mountain Condominiums, commonly refened to
as "the CMC building", was completed by 1979.
On January 3'd, 2006, the Town Council approved Ordinance No. 33, 2006,
which includes the approved development plan for the eleven (11) dwelling units
of the Vail Cascade Residences.
ROLES OF THE REVIEWING BOARDS
VARIANCES:A. The Planning and Environmental Commission is responsible for
evaluating a proposal for:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the
vicinity, or to attain the objectives of this Title without grant of
special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the Commission deems
applicable to the proposed variance.
B. The DRB has NO review authoritv on a variance, but must review any
accompanying DRB application.
C. 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.
tv.
v.
D. Staff
The staff is responsible for ensuring that all submittal requirements are
provided and plans conform to the technical requirements of the Zoning
Regulations. The staff also advises the applicant as to compliance with
the design guidelines.
Staff provides a staff memorandum containing background on the
property and provides a staff evaluation of the project with respect to the
required criteria and findings, and a recommendation on approval,
approval with conditions, or denial. Staff also facilitates the review
process.
APPLICABLE PLANNING DOCUMENTS
CHAPTER 17, VARIANCES (in part)
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: ln order to prevent or to /essen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this tifle as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescibed for each disticl including lot
area and site dimensions, setbacks, drisfances between buildings, height,
density control, building bulk control, site coverage, usable open space,
landscaping and site development, and pa*ing and loading requirements; or with
respecf to the provisions of chapter 11 of this title, governing physical
development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend
to the use regulations prescribed for each distict because the flexibility
necessary to avaid resu/ts rnconslsfenf with the objecfiVes of this title is provided
by chapter 16, "Conditional Use Permits', and by section 12-3-7. "Amendment'of
this tifle.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sifes rn the vicinity, or to attain the
objectives of this title without grant of special privilege.
3. The effect of the requested vaiance on tight and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
vt.SITE ANALYSIS
Legal Description:
Address:
Lot Size:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Standard
Lot Area:
Buildable Area:
Setbacks:
Front:
Sides:
Rear:
Building Height:
Density (Area A):
GRFA:
Site Coverage:
Landscape Area:
Parking:
Cascade Village, Development Area A (The CMC
Building, specifically)
1310 Westhaven Drive
.67 acres (29,495 sq ft)
Special Development District No. 4 (no underlying
zone district)
Resort Accommodations and Services
Mixed Use Residential and Resort / Spa
N/A
N/A
N/A
N/A
Allowed
N/A
N/A
32,000 sq ft
N/A
N/A
37 spaces
50%
69 spaces
no change
13 spaces
Existinq Proposed
29,495 sq ft no change
29,495 sq ft no change
12' no change 7'(NyO'(S) no change 14' no change
55' no change
5.4 DU per acre no change
no change
50% (14,980sqft) no change
VII. SURROUNDING LAND USES AND ZONING
North:
South:
East:
West:
VIII. GRITERIA AND FINDINGS
Land Use
CDOT Right-of-Way
Resort Accommodations and Services
Resort Accommodations and Services
Resort Accommodations and Services
Zoninq
Not zoned
SDD No.4
SDD No.4
SDD No.4
1.A.The relationship of the requested variance to other existing or
potential uses and structures in the vicinigr.
Staff has determined the requested variance, if approved with the
proposed condition, will result in a harmonious relationship
between the existing structure and the neighboring buildings
considering the two-way drive aisle and a loading/delivery dock
exist today. Staff is recommending the installation of a traffic
signal device as a condition of approval to mitigate the potential
hazard of a collision at the new twelve foot (12') entrance to the
garage. The limited number of vehicle trips generated by thirteen
(13) residential parking spaces at peak hour, approximately seven
(7), will have a negligible impact on the traffic circulation for the
site and Westhaven Drive. lt should also be noted the owner has
stated the eleven (11) approved dwelling units will likely be
second homes and used for limited periods of time over the
course of a year.
The degree to which relief from the strict and literal
interpretation and enforcement of a specified regulation is
necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the
objectives of this title without a grant of special privilege.
Given the existing condition of the building and its structural
design, the requested variance would not result in a grant of
special privilege and will result in a uniformity of treatment among
sites in the vicinity as all adjacent properties are part of the
Cascade Village Special Development District. Creating thirteen
additional slructured parking spaces provides the guests and
residents of the Cascade Village with more parking capacity in the
existing three floor parking structure which is presently the only
parking option for the Cascade Resort and the CMC Building.
Also, the width of the proposed garage entrance would meet the
minimum standard for a one-way drive aisle, and the width of the
current service road is approximately equivalent to that of a one-
way drive aisle. The strict and literal interpretation of the specified
regulation would result in the loss of additional parking capacity for
the property without achieving compatibility of treatment among
sites in the vicinity.
2.
tx.
3. The effect of the requested variance on light and air,
distribution of population, transportation and traffic facilities,
public facilities and utilities, and public safety.
Staff believes the effects upon light, air, and other public interests in comparison to existing conditions would be negligible
considering the size and extent of the proposed garage entrance.
As stated previously, the two-way drive aisle and a loading and
delivery bay already exist on the property. The proposed minor
alteration to the exterior of the west elevation of the building will
not have a negative effect upon the factors contemplated within
this criterion. Additionally, with the condition of approval
suggested by staff, and the pull-out space proposed by the
applicant, this criterion has been met.
4. Such other factors and criteria as the commission deems
applicable to the proposed variance.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval with
conditions of the proposed SDD amendment to the Vail Town Council. Staffs
recommendation is based upon the review of the criteria found in Section Vlll of
this memorandum and the evidence and testimony presented, subject to the
following conditions:
1. That a traffic control signal device, as specified by the Public Works
Department, will be mounted on the interior of the new garage entry
by the applicant to indicate when another vehicle is driving toward the
entrance at the same time a driver is attempting to exit the garage.
The device shall be installed by the applicant prior to a TCO being
issued by the Community Development Department for the Vail
Cascade Residences.
Should the Planning and Environmental Commission choose approve to the
requested variances, the Department of Community Development recommends
the Commission pass the following motion:
"Based upon the review of the criteria ouflined in Section Vlll of this
memorandum, and the evidence and testimony presenfed, the Planning and
Envircn me ntal Com m ission fi nd s :
That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
fhe same dl'stnbt.
That the granting of the variance will not be detrimental to the public
1.
2.
health, safety or welfare, or materially injurtous to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons.'
a. The strict literal interpretation or enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives of
this title.
b. There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance that do not
apply generally to other properties in the same zone.
c. The strict interprehilon or enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same district.
X. ATTACHMENTS
Vicinity Map
Applicant's Proposal
Reduced Site Plan, Floor Plans and Elevations
A.
B.
c.
Attachment: A
Attachment B
Written description of nature of variance:
A variance for Development Standards Chapter 5, Parking Lot and Parking Structure
Design Standards. Table 4 calls for a garage door of at least 20 feet in width to serve a
two-way interior drive aisle. The existing structure will not allow for a 20' wide Eaftge
door to be placed on the South-West side of the project without substantial structural
changes to floors above which are not owned by the applicant. The proposed lZ-foot
garage door provides access to a small thirteen-car garage that will have restricted access.
Without a varirmce, the new garage will not be physically possible.
a. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity:
The parking garage is accessed off of the service road on the west side of the building.
The only vehicles using this road will be the owners of the l3 parking spaces in the
garage, and delivery vehicles serving the hotel. The access drive between the service road
and the garage door wilt be provided with a pull-out in the event that two of the 13 cars
are present at the garage door, so that the service drive will never be trlocked.
b, The degree to which relief from the strict or literal interpretation and
enforcement of the regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without grant of special privilege:
The zoning of this building and the ownership structure resulting from it are such that the
residents of the building do not own their own parking spaces. The proposed garage will
give them at least some control over their parking situation and will make them more in
keeping with the other properties in the neighborhood.
c. The effect of the variance on light and air, distribution of population,
transportation, traffic facilities, utilities and public safety:
The variance will not affect light, air, utilities, or the distribution ofpopulation. Parking
spaces in the existing Cascade parking structure will be freed up for public use, resulting
in improvements to the transportation and traffic facilities in the area.
d. How the request complies with adopted Town of Vail planning policies and
development obj ectives :
Under current Town of Vail policies, a building without any on-site parking or access to
pay-inJieu parking would not be possible. This building was established in the early
1980's, and the only parking available is owned by another party. This variance will help
the building come more into compliance with current Town parking policies.
Attachment C
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TOWT,I OFVITL
Department of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
wwwci.vail.co.us
Gateway Land and Development
c/o John Nichols
34215 US Highway Six
PO Box 1777
Edwards, CO 81632
Re: Cascade parking structure level 3
A
January 23,2944
located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
Mr. Nichols,
This fetter is being sent as a follow-up to our conversalion on January 20,2004 at the front counter of
the Community Development Department, ln that conversalion you asked what could be done with the
parking on ldvel threb of the parking structure which serves as the parking for several retail
establishments. I have performed research of the legal file and discussod this question wilh several
stalf members and lound thatthe approval of SDD 4, Cascade Village, included the parking structure in
question. That parking structure is to provide parking to the hotel and retail establishments wilhin Area
A of SDD 4. lf the parking on level three were lo change ownership, the parking would still be needed
lo meet the required parking for the establishments within Area A as approved by lhe adoption of SDD
4. To remove ihe parking on levelthree from the pool of parking provided to the establishments within
Area A would create a situation which would violate the initial approval of SDD 4'
Please review th6se comments and if you have any questions regarding this letter please contact me al
479-2148.
Withregards,^ n j\l
'1r**r r t/^{,I^,{)
Warren CamPbell I
Planner ll
Cc: File
{grot"uor ro
CONDOMINIUM MAP FOR
CASCADE CLUB CONDOMINIUMS
A PART OF THE SW I/4 NE I/4, SECTION 12, TOWNSHIP 5 SOUTH,
RANGE 8I WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF VAIL, EAGLE COUNTY, COLORADO
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Attachment: B
flfft fr ffiffipw
Dep artment of Commttnity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I3 B
FAX 970-479-24s2
www.vailgov.com
Gateway Land and Development
c/o John Nichols
34215 US Highway Six
PO Box'1777
Edwards, CO 81632
January 23, 2004
Re: Cascade parking structure level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Mr. Nichols,
This letter is being sent as a follow-up to our conversation on January 20,2004 at the front counler of
the Community Development Department. In thal conversation you asked what could be done with the
parking on level three of the parking structure which serves as the par:king for several retail
establishments. I have performed research of the legal file and discussed this question with several
staff members and found that the approval of SDD 4, Cascade Village, included the parking structure in
question. That parking structure is to provide parking to the hotel and retail establishments within Area
A of SDD 4. lf the parking on level three were to change ownership, the parking would still be needed
10 meet the required parking for the establishments within Area A as approved by the adoption of SDD
4. To remove the parking on level three from the pool of parklng provided to lhe eslablishments within
Area A would create a situation which would violate the initial approval of SDD 4.
Please review these comments and if you have any questions regarding this letter please contact me at
479-2148.
Warren Campbell
Planner ll
Cc: File
f\ ,,u"rtr", ,.,uun
'dg
With regards,
TOI{hIOF VAIL
Flt E &&F
D epartment of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-47 9-2138
FAX 970-479-2452
wtvv,.vailgov.com
Rocky Mountain Commercial Real Estate Corporation
c/o Robert Oliva
212'1 N. Frontage Road West
Vail, CO 81657
August 18,2004
Re: Cascade parking structure level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Mr. Oliva,
This fetter is being sent as a follow-up to our meeting on August 4, 2004, at which you described to
myself, Clare Sloan, and Matt Mire, your desires for the recently purchased Level 3 of the Cascade
parking structure. The following paragraphs of this letter detail the history that was discovered by staff
regarding Special Development District 4 (SDD #4) and more specifically the Cascade parking
structure. The paragraphs also detail staff's position on the permitled use and operation of Level 3 of
the Cascade parking structure.
ln a letter dated June 3, 1992 from Kristan Pritz, the Town's opinion regarding Level 3 of Cascade
Parking Structure is stated as, "...|t is lhe town's opinion that level 3 musl be available for parking. The
Town of Vail does not believe there would be a violation of the parking provisions of Ordinance No. 41 ,
Series of 1991, should an owner of the Cascade Parklng Structure choose to lease the parking to a
facility in Area A pursuant to the required parking allocaled to that facility as set forth in the chart...".
(Attachment A)
Level 3 is permitted to lease spaces for the commercial uses in Area A of SDD #4 to meet the required
parking on the site. The owner of Level 3 would like to create a "gold pass" program for the general
public to lease 24 spaces. Staff does nol believe that the first come/first serve intention of required
parking is satisJied with the creation of individual leases for parking spaces. Staff has determined the
"gold pass" concept to be a similar use to a "parking club". SDD #4 Conditional Uses does not list
"Private clubs and civic, cultural and fraternal organizations" which would allow the gold pass/parking
club if the PEC granted CUP approval. lt is the town's opinion thal all spaces on Level 3 must be
available to the general public. The owner does have an ability to charge for the parking.
A town council member mentioned concern aboul required parking when the Aria Spa was approved in
2001. The amendment to the Cascade SDD for the spa was minor and the staff memo does not
mention parking for the spa (Attachment B). The minutes for the 4-9-01 PEC (Attachment C) reflect the
parkinq concern, which prompted a parking management plan. The plan demonstrates a surplus of
parking.(Attachment D). t
*tt norr.rro , ru*,-7
6rA ?.t,r$
- .'r ff f",4 S r :,1 i'i -;i. I ,, .' .-t 6la {r'; '
Pleas'6 review these comments and if you have any questions regarding this letler please contact me at
970-479-2148.
Attachments: A. Letter to Fred Green dated June 3, 1992
B. Letter to Randy Linberg, PEC, and adjacent property owners dated 3-28-01
C. PEC Minutes from April4, 2001
D. Parking Management Plan dated April 23, 2001
Cc: File
Matt Mire, Town Attorney
I
Wdrien Camobell
Senior Planner
F$t[ ilffipY
75 Soutb Frontage Road
Vail, Colorado 81657
3 03-47 9-2 I J I / 47 9 -2 1 J 9
June 3, 1992
Departm.ent of Community D eaelopm ent
Mr. Fred Green
P. O. Box l30B
Vail. CO 816s8
Dear Fred:
we are writing with the intent to try and clarity the parking situation for Area A within cascade
Viilage, Special oevetopment oi.tii.t No' 4' After ieviewlng ordinance No' 41' Series of
1gg1, for sDD No. 4-Cascade Village and alsothe condoriinium Declarations for cascade
club condominiums wt'ill].v irr.rritn, Town Attorney, it is the Town's position that:
ThefacilitiesandusesforAreaAasspecifiedinordinanceNo.4l,seriesofl99l'
have a rightto p"r[in ihe Cascade Viirage Parking Stru-cture in accordance with
Sections 18.46.180 parking and Loading'"nO S".iion 18.46.103 Development Statistics
for Area A, Cascade Village, and Area o' Cten Lyon Commercial Site ol Ordinance No'
41 , Series ot r g9r . tt is tie'rown', opinion in"t ievel 3 must be. available for parking'
The Town ol vail does not belie.ve tn"re *luiJoe a violation oi the parking.provisions
oi ordinance r.'ro. +i, s"ri", ot rssr, shourd an owner of the cascade Parking
Structure choose io lease parking to a facility in Area A pursuant to the required
parking ailocatei io in"ii""irirv is settor$r in the chart on Page 10 in section
18.46.103 oi Ordinance No' 41, Series of 1991' ln reviewing the Condominium
DeclarationslorCascadeC|ubCondomlniums,itisalsoLarryEsls.vith'sopinionthat
. the SDD Ordinance is not superseded by this document'
I have enclosed a copy of Ordinance No' 41 ' Series of 1991 ' for your use' This document
stipulates the development stanoaros to' ca'"a"iJvittage we wSuJo ue happy to mept with
youinanattempt.o"o'.-to"solutionwnicnwoutobe"acceptablefora||ofthefaci|ities 'located in Area A of this SDD as well as the Town of Vail'
'4 -'X
, , ." ,. ...1 ,*-4 , il
Mr. Fred Green
June 3, 1992
Paac 2 ' -it- -
I hope this letter has been helpful to you. Should you have any further questions, please feel
freeto call me at479-2138 and lwill be happytodiscuss this issuewith you.
Sincerely,
V'r'|^ ?i+
Kristan Pritz
Community Development Director
cc: Ron Phillips, TOV
Larry Eshilirh, TOV
D epartment of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2r 3B
FAX 970-479-2452
www.vailgov.com
March 28, 2001
Randy Linberg
1300 Westhaven Dr.
Vail, CO 81657
and
Planning and Environmental Commission
and
Adjacent Property Owners
Re: A request for a minor amendment to Special Development District No. 4 to allow for
the conversion of an existing indoor tennis facility into a spa.
Dear Randy, PEC members, and adjacent property owners:
Based upon review of the criteria and findings in Section 12-9A of the Vail Town Code, staff finds
the above referenced amendmentto Special Development District No. 4 is approved in accordance
with the procedures as identified in Section 1 2-94'-1 0 of the Vail Town Code, subject to the following
condition:
1. That no loading and {elivery is permitted on the north side of the building.
Staffs approval of this minor special development district amendment will be reported at a public
hearing before the Town of Vail Planning and Environmental Commission on Monday, April 9th at
2:00 p.m. in the Vail Town Council Chambers, located at 75 S. Frontage Rd. The Planning and
Environmental Commission reserves the rioht to "call up" a staff decision for additional review atthis
hearing.
I. DESCRIPTION OF THE REQUEST
The applicant, L-O Vail Hotel Inc., requested a minor amendment to Special Development
District No. 4, Cascade Village, to allow for the conversion of one existing indoor tennis court
into additional spa facilities, located at 1295 Westhaven Dr. The existing spa and club
facilities are approximately 78,000 sq. ft. The conversion of the tennis court into a spa
involves no major exterior and expands the existing spa to 8,077 sq. ft. of the total facility.
The existing spa uses encompass approximately 3,000 sq. ft. of the total facility. Reductions
ofthe remodel have been attached for reference.
A "minor amendment" is defined as:
*&" ,,o"r"ruo *"u*'rF -
Modifications to building plans, site or landscape plans that do not alter the basic
intent and characterof the approved special developmentdistict, and are consistenf
with the design criteria of this Chapter. Minor amendments may include, but not be
limited to, vaiations of not more than five teet (5') to approved sefbacks and/or
building footprints; changes to landscape or site plans that do not adversely impact
pedestrian or vehicular circulation throughout the special development distict; or
changes to gross floor area (excluding rcsidential uses) of not more than five
percent (5%o) of the approved square footage of retail, office, common areas and
other nonresidential floor area, except as provided under Sections 12-1 G4 (lnterior
Conversions) or 12-1*5 (250 Additional GRFA) of this Title.
II. CRITERIA AND FINDINGS
Section 12-gA-2: Minor Amendment (staff review): modifications to building
plans that do not alter the basic intent and character of the approved special
development district and are consistent with the design criteria of this
Chapter.
Special Development District No. 4 includes the existing Cascade Club and Spa,
which is approximately 78,000 sq. ft. This is a proposal to convert one of the existing
tennis courts within the club into additional spa. Staff finds that approval of this
proposal does not alter the basic intent and character of Special Development
District No. 4, which currently allows these uses. As stated above, no loading and
delivery will be allowed on the nodh side of the building. Exterior modifications are
minor, including the addition of doors and mechanical vents to the northern
elevation.
Section 12-94-10: Minor modifications consistent with the design criteria
outlined in subsection 12-9A-2 may be approved by the Department of
Communitlr Development. Notification of a proposed minor amendment and a
report of staff action shall be provided to all property owners within or
adjacent to the district that may be affected by the amendment. Notification
shall be postmarked no later than 5 day following staff action on the
amendment and shall include a brief statement describing the amendment and
the time and date of when the Planning and Environmental Commission will be
informed of the staff decision.
As noted above, staff finds that the amendment is consisteni with the design criteria
outlined under subsection 12-9A-2. Notification of the hearing and a summary of the
proposal will be provided to all adjacent property owners within 5 days of today's
date. Staffs approval of the request will be reported to the Planning and
Environmental Commission on April Itn, 2001.
PROCEDURE
Section 1 2-9 of the Town Code provides the procedure for a minor amendment to a Special
Development District., The procedure is as follows:
1 2-94-1 0 : AM EN DM ENr PROCEDURES;
A. Minor Amendments:
1. Minor modifications consistent with the design criteria outlined in
subsection 1 2-gA-2 (definition of "minor amendment") of this Atlicle, may
A.
B.
ilt.
be approved by the Department of Community Development. All minor
modificatians shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and filed by the
DeparTment of Community Development.
Notification of a proposed minor amendment, and a report of staff action
of said request, shall be provided to all propefty owners within or
adjacent to the special development district that may be affected by the
amendment. Affected propefties shall be as determined by the
Deparlment of Community Development. Notifications shall be
postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement descibinu the
amendment and the time and date of when the Ptanning and
Environmental Commission will be informed of the staff decision. ln all
cases lhe reporttothe Planning and Environmental Commission shall be
made within twenty (20) days from the date of the staff s decision on the
requested amendment-
Appeals of staff decisions may be filed by adjacent propefty owners,
owners of propefty within the special development district, the applicant,
Planning and Environmental Commission members or members of the
Town Council as outlined in Section 12-3-3 of this Title.
Pursuant to Section 12-9A-1 0, Vail Town Code, appeals of staff decisions may be filed by adjacent
propefty owners, owners of property within the special development district, the applicant, Planning
and Environmental Commission members or members of the Town Council as outlined in Section
'12-3-3 of the Town of Vail Zoning Regulations. Should you have anyquestions, please do not
hesitate to contact me at 970-479-2369.
Sincerely,
Allison Ochs
Planner ll
Attachments: reduction of the proposal
z.
?
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING MINUTES
Monday, April 9, 2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME
Approved 4/23l0'l
12:00 pm
1:00 pm
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
John Schofield
Brian Doyon
Doug Cahill
Dick Cleveland
Site Visits :
MEMBERS ABSENT
Diane Golden
I . Ferry residence - '1001 Eagle's Nest Circle 2. Mill Creek Court - 303 Gore Creek Drive 3. Donovan Park - Intersection of Matterhorn Circle and S. Frontage Road
Driver:George
K-@H
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 pm
1. Swearing in of reappointed PEC members John Schofield, Doug Cahill and Chas Bernhardt
and appointed PEC member Dick Cleveland. - Lorelei Donaldson, Town Clerk.
2. Election of 2001 Chair - Galen Aasland
Vice-Chair - Chas Bernhardt
Marriott Discussion
George Ruther presented the situation of the Marriott's Design Review application and the recent
appeal by the Vail Spa Condominium Association. An appeal of an application stays all activity in
relation to the project, unless the stay of such activity will present an imminent peril to the property
or persons. As the Marriott was substantially damaged by the fire earlier this year, staff has
determined that a stay of the application would present an imminent peril to the property.
Staff is recommending that the PEC uphold the staff decision that the application not be stayed, in
accordance with the Town Code. A letter has been submitted by the Vail Spa, stating that notice is
required for this type of action.
Tom Moorhead, Town Attorney, stated that notice is not required for this action. John Schofield
r.asked if the applicant had standing. Tom Moorhead stated that whether or not the applicant has
standing, the administrator has the ability to make this finding. Galen Aasland asked about the
notice that has been given to the Vail Spa. Dick Cleveland asked about the definition of "imminent
peril." Tom Moorhead stated the applicant for the Marriott will speak to that. Henry Pratt presented
the existing conditions of the Marriott, including the status of steel beams which are supporting the
, Approved 4/23/01
entire east half of the structure, which cannot be fixed without a building permit.
John Schofield questioned what the effect of a large spring snowfall would have on the safety of the
structure. Henry Pratt stated that the current structure would be in danger with a large heavy
snoMall.
Doug Cahill stated that he supported the staff decision.
John Schofield stated that he believed the current status of the building, should the application be
stayed, was an imminent peril, and believed that expediting the reconstruction would be a benefit to
the health, safety, and welfare of the community.
Dick Cleveland also stated that he supported the administrator's decision and recognized that
mitigation of the safety hazard was necessary.
Chas Bernhardt stated that he believed that the PEC's role was to ensure the health, safety, and
welfare of the community and he agreed with the administrator's decision.
Galen Aasland asked about the process.
John Schofield moved to uphold the staff decision that the Marriott did not constitute a major
exterior alteration. George Ruther clarified that that was not the decision being made today.
John Schofield struck his motion and moved to uphold the finding of the administrator that staying
the design review application of the Marriott would present an imminent peril to the property.
3. Report of a staff action on a minor amendment to the Golden Peak Development Plan, to
allow for the addition of a skier tunnel, located at 490 Vail Valley Drive/Tract B, Vail Village
, 7m Filing.
Applicant: Vail Resorts Planner: Brent Wilson
STAFF APPROVED
Brent Wilson presented an overview of the staff approval and explained that this was an
administrative procedure. Galen Aasland asked for public comment. No public comment was
given.
4. Report of a staff action on a minor amendment to Special Development District f*4, to allow
forthe conversion of an existing indoortennis courtto a spa, located at 1295 Westhaven
Drive/Cascade Village, Development Area A.
Applicant: L-O Vail Hotel Inc.
Planner: Allison Ochs
STAFF APPROVED
Allison Ochs presented an overview of the staff memorandum and findings.
Brian Doyon and John Schofield stated they had concerns about the parking provisions on site and
wanted to call this item up for PEC review.
Allison Ochs stated the proposal met the town code requirements and SDD #4 requlrements for
parking.
John Schofield moved to call the item up for review. Brian Doyon seconded. The motion was
approved unanimously.
Gary Fries, General Manager of the resort and club, spoke to the issue of parking and spaces that
had been used for temporary storage. He stated that issue would be resolved asap and that all
parking spaces would become available.
Approved 4123101
Galen Aasland inquired about the use of the "ruins" site for employee parking.
Gary Fries stated there was no correlation between the club operations and the use of the ruins
site.
John Schofield asked if the overflow situation was indicative of insufficient parking for the club
operations.
Gary Fries stated there was sufficient parking, pursuant to town code, for all uses on the site.
Brian Doyon stated he wanted to see the parking requirement matrix for the Cascade SDD. He
inquired about the need for construction storage on the site if there were no current construction
activities on the site.
John Schofield staied the conditions were identical 2 years ago when the application for the car
rental agency was submitted.
Allison Ochs asked if the PEC would consider a condition requiring staff inspection of parking to
ensure compliance, prior to building permit issuance.
Galen Aasland stated his main concern was overflow parking along the frontage road and he
wanted to make sure the applicant was put on notice that the current parking situation was
unacceptable and needed immediate improvement.
Gary Fries stated the Town's policy of not charging for parking along the frontage road was the
major contributor to the frontage road parking problem.
Dick Cleveland stated he might approve the application with a condition that all spaces not currently
used for parking would be returned to usable parklng spaces.
Chas Bernhardt stated he wanted to see an improved safety and circulation plan for the property.
Galen Aasland asked if the applicant would llke to table or receive a flnal vote on the application.
Chas Bernhardt asked Allison if the site met the parking regulations, regardless of this change.
Allison Ochs said, "yes" and that no new floor area would be added with this application.
John Schofield moved to table the item to the next PEC meeting, pending receipt of a parking
management plan.
Brian Doyon seconded.
There was no action on this motion.
Chas Bernhardt stated he agreed with staff that this application met the code requirements. He
said he'd rather approve it with a condition that staff verified all required parking spaces were
physically available, or the project would be "red tagged."
John Schofield amended his motion to affirm the staff approval, with the conditions that all parking
spaces become available and that a parking management plan be submitted for PEC review at the
next meet'nE.and that if these conditions were not met, the building permit would be revoked.
Brian Doyon amended his second of the previous motion.
The motion passed unanimously 6-0.
Doug Cahill left the meeting at 3:20 p.m.
Approved 4/23101
5. A request for a conditional use permit, to allow for a Type Il Employee Housing Unit, located
at 0097 A&B Rockledge Road/Lots 3A, & 38, Block 7, Vail Village 1"'Filing.
Applicant: Bennett & Jacquie Dorrance, represented by Resort Design Coliaborative Planner: Allison Ochs
Allison Ochs presented an overview of the staff memorandum.
Jay Peterson, representing the applicant, had nothing to add.
Dick Cleveland had nothing to add.
Brian Doyon had nothing to add.
John Schofield questioned the use of stacked parking.
Jay Peterson assured the Commission that this EHU would be used.
Galen Aasland believed the application complied with zoning.
John Schofleld moved to approve the request, pursuant to the staff memo.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-0.
6. A request for a variance from Section 12-6D-6, Town of Vail Code, to allow for an addition in
the front setback, located at 1001 Eagle's Nest Circle/Lot 1, Block 6, Vail Village 7'n Filing.
Applicant: Kathleen Ferry, represented by RKD Architecis Planner: Brent Wilson
Brent Wilson presented an overyiew of the staff memorandum.
Sally Brainerd presented the survey of the property, and staied that there were conflicting lLCs.
Chas Bernhardt asked if there was any public input.
Brian Doyon stated that as a non-conforming building, he believed that a variance was warranted
and he did not see a grant of special privilege. He identified concerns about the conflicting survey
and stated that as long as the improvements were directly above the existing foundaiion, he was
satisfied with the request.
John Schofield stated that he believed this met the criteria for a variance. He also stated ihat an
updated ILC should be required.
Chas Bernhardt agreed.
John Schofield made a motion for approval, in accordance with the staff memorandum with an
added condition that the setback shall be no less than 1B'.
Brian Doyon seconded the motion.
The motion passed by a vote of 4-0 (Aasland abstained).
7. A request for a worksession to discuss the rezoning of the Mill Creek Coutl Building from
CCI to a zone distr.ict or soecial development district that would allow office and residential
uses on the street level, located at 303 Gore Creek Drive/Lot 1, Block 5A, Vail Village 1tt
Filing.
Approved 4123101
Applicant: Mill Creek Court Condominium Association, represented by Larry Eskwith
Plan ner:Allison Ochs
John Schofield made a motion to table this until the next meeting.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 5-0.
8. A request for a recommendation to the Vail Town Council on the adoption of the Eagle
Valley Regional Trails Plan.
Applicant: Eagle County Regional Transportation Authority, Town of Vail
Plan ner:Brent Wilson
Brent Wilson presented an overview of the Eagle Valley Regional Trails Plan. He stated that the
Town Council had given direction to adopt this plan as any other master plan. He also indicated
that a large portion of the Trails plan dealt with property outside of the Town of Vail boundaries.
Gregg Barrie, representing the Town, reviewed the Town's plan for certain trails within the Town.
John Schofield stated some speciflc concerns with the plans for Vail Valley Drive and padicular
definitions and standards.
Dick Cleveland stated that he was one of the authors of the Eagle Valley Regional Trails Plan.
Brian Doyon stated his expertise in this field and stated his concerns about safety regarding trails.
He said his motto for physical activity is "do it safe or don't do it all!" He also emphasized that small
kids have very little control and need guard rails.
Chas Bernhardt stated his agreement with John and Dick.
Galen Aasland sympathized with Brian and emphasized his concern for children's safety. He also
stated his beliefs that the Town should be getting money back from the county to improve the Town
trail system.
John Schofield made a motion for recommendation of approval, pursuant io the findings in the staff
memorandum with a request to fonruard all PEC comments to the Town Council and the Eaole
County Regional Transportation authority.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 5-0.
9. A request for a final review of a conditional use permit, to allow for the construction of Phase
I of Donovan Park improvements, generally located southeast of the intersection of
Matterhorn Circle and the South Frontage Road.
Applicant: Town of Vail Planner: George Ruther
George Ruther provided an overview of the staff memorandum and an update of the most recent
developments with the project.
Galen Aasland added that the development standards proposed for the project were slightly greater
than what's allowed under residential zoning, but significantly less than what was allowed under
more intense commercial zone districts. He stated the project would provide a substantial
community benefit.
Approved 4/23/01
otis odell (consultant) provided a graphic description and "walk through" of the proposal.
John Schofield stated he had concerns about the snow accumulating along the glass at the lower
portions of the building.
Brian Doyon stated he had concerns aboutthe eave heights of the restrooms and children climbing
up on the roof.
Chas Bernhardt stated he didn't think the cold roof would function as proposed.
Otis Odell explained the eave heights and the design of the cold roofs.
Chas Bernhardt stated, with slgnificant snow on the roof it would not vent properly and it needed to
be redesigned.
The PEC inquired about winter maintenance of the pathways and roads around the pavilion
including snow storage.
John Schofield asked if the soccer field was sized properly to consider use of an ice bubble in the
winter.
Todd Oppenheimer said the site was not being considered as a poiential location for the bubble
and that there was not enough space for an ice dome.
Brian Doyon asked how many parking spaces would be lost due to temporary snow storage needs
in the winter.
Otis Odell stated approximately 33 spaces.
Dick Cleveland stated his concerns about the size of the pavilion and the parking it would generate.
Otis Odell presented ERA's parking generation study for the site and the uses proposed. He stated
there was not sufficient parking allocated to handle peak user periods for each independent use
and that a management plan would address the scheduling of the facility in an effort to manage
parking supply and demand.
George Ruther stated these issues would be addressed in the operation and management plan
that was being prepared for the Town Council by ERA.
Brian Doyon requested a copy of the management plan for the site and stated there was insufficient
snow storage on site. He also stated concern with snow shedding from ihe roofs. Brian siated an
appropriate building height was 33 feet. He also stated the loading and delivery areas needed
some mole aesthetic improvements.
Chas Bernhardt also had concerns with the view of loading and delivery upon arrival to the site. He
also thought structured parking would have been a better solution. He reiterated his concern about
the cold roof venting, but stated he didn't want to slow the project down. He recommended the
outstanding items be addressed as the project moves forward.
John Schofield stated there was insufflcient information to move forward on the item today. He had
specific concerns with site coverage and impervious surfaces. John agreed with Chas on loading
and delivery and recommended it be relocated. He had specific concerns about the number of
parking spaces and a lack of snow storage. He thought it was short-sighted to prevent two events
from being scheduled at one time due io parking constraints. He reiterated his concern about
having snow up against glass on the pavilion. He thought too much was being programmed for
such a small space.
Approved 4123101
Galen Aasland stated a parking structure would have been preferable. He thought a management
plan needed to be submitted for review as part of the conditional use permit request. He also
voiced a concern about the number of parking spaces and snow storage. He also had concerns
about the view of the loading/delivery area upon arrival. He also expressed concerns about the
drainage of water upon condensers and other equipment. He suggested setting a development
standard that the trash and mechanical areas would be covered with an integrated roof. He
suggested a one-way parking circulation system with straight parking spaces. He said the town
should be held to the same standards as a private developer. Galen inquired about the amount of
impervious surface. He stated the height proposed was appropriate for the site and the type of
uses proposed and that neighbors' views would not be negatively impacted. Galen stated he
thought there needed to be screening betvveen the pavilion and the soccer field.
Ethan Moore explained the amount of impervious area proposed. He stated 21.3% of the site
would be a non-permeable surface.
Chas Bernhardt added that the PEC did not intend to "beat up" the applicant, but it wanted to
ensure the project was the best it could be. He recommended the parking surface area remain the ' same size, but that it be btructured to add additional parking spaces.
Dick Cleveland asked about exterior lighting and how ihe neighbors would be impacted.
Otis Odell showed an exterior lighting plan for the property and explained the fixtures would have
shields and would be mounted at a low height to avoid bleed over into adjacent properties.
George Ruther recommended that the PEC approve the application with conditions to address any
outstanding concerns.
Chas Bernhardt moved to approve the application, pursuant to the findings and ihe conditions in
the staff memo, with the following additional condition:
1. That the applicant submits revised plans to the Community Development
Department for the review and approval of the PEC on April 23, 2001, for the
followinq items:I tfr"t the cold roof design be reevaluated.. That a covered trash enclosure be provided.. That the service entry be re-addressed pursuant to DRB conditions.. That a minimum of 145 parking spaces be provided on site.. That snow removal provisions (10%) are used.. That the applicant return for review of a management plan for the site.
There was no second to the motion.
Brian Doyon stated he would support the motion if it contained a condition limiting the building
height to 33 feet.
George Ruther stated the height could be reduced to 33 feet.
Russ Forrest asked for a formal vote on the project today.
John Schofield stated he would vote against the project.
Dick Cleveland stated he didn't think all of the criteria for review of a conditional use permit had
been addressed at this point and would not vote in favor of the project at this time.
Chas Bernhardt amended his previous motion to include a provision that the building height be
reduced to 33 feet.
Approved 4/23101
Brian Doyon seconded.
George read again the amended motion for the record.
The motion carried 3-2 (Cleveland and Schofield opposed).
10. A request for the review of a proposed text amendment to Chapter 1 1, Design Review, of
the Zoning Regulations to allow for procedural changes to the performance bond process
as prescribed in the Vail Town Code.
Applicant: Town of Vail
Planner: George Ruther
Brian Doyon made a motion to table this item until April 23, 2001.
John Schofield seconded the motion.
The moiion passed unanimously.
11. A final review of a request for a recommendation to the Town Council for a rezoning from
Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to
create two residential lots and a request for a recommendation to the Town Council for an
amendment to the Vail Land Use Plan, changing the land use designation from
Public/Semi-
Public use to Low Density Residential, located at 31 60 Booth Falls Road/Part of Lot '12,
Block 2, Vail Village 12'n Filing.
Applicant: Boothfalls Homeowner's Association, represented by Braun Associates, Inc.
Planner: Russell Forrest
TABLED UNTIL APRIL 23,20A1
12. Approval of March 26,2001 minutes
John Schofield made a motion to approve the amended minutes.
Brian Doyon seconded the motion.
The motion passed by a vote of 3-0-2, with Bernhardt and Cleveland abstaining.
13. lnformation Update
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
' Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
Hearing lmpaired, for information.
Community Development Department
1.
Jo
hn moved
to
Tal.
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
April 23, 2001
A request for a final review of a proposed parking management plan, located at
1295 Westhaven Drive/Cascade Village, Development Area A.
Applicant L-O Vail Hotel Inc.Planner: Allison Ochs
lt.
DESCRIPTION OF THE REQUEST
At the April 9,2001, Planning and Environmental Commission meeting, the applicant
received an approval for a minor amendment to Special Development District #4 (Cascade
Village) to convert an existing tennis court into additional spa forthe Cascade Spa and Club.
The Planning and Environmental Commission expressed a concern regarding the parking
situation at the Cascade, specifically regarding the parking structure. The Planning and
Environmental Commission requested a parking management plan and additional
information regarding the existing situation at the structure. The proposed parking
management plan for the Cascade is attached. To summarize, the applicant agrees to
maintain all 416 spaces as parking spaces unless approval is received from the Town of
Vail. In addition, the applicant agrees to utilize an automated system for parking
management in the three levels of the parking structure. This system will be installed no
later than November 16, 2001.
PREVIOUS APPROVALS
The use of the tennis courts for special events was approved on December 28, 1998. The
approval allowed special events as an accessory use in Special Development District #4.
Originally the applicant's requestwas primarily forthe 1999 World Alpine Ski Championships
for use of the tennis facilities as the major press facility. However, costly building
improvements were required so to justify the expenditures, the applicant requested that the
tennis courts also be used for other types of special events. The applicant estimated that
the facilities would be used for special events approximately 6 to 8 times per year. The
approval discussed the parking situation, describing special events as accessory to the
hotel, and that no additional parking would be required. The applicant also indicated that a
shuttle would be run between the Cascade and any other accommodations the events'
attendees may be situated at.
The operation of a transportation business was approved as a conditional use on November
23, 1998. Thrifty car rental is run out of an existing office within the Cascade Hotel, and a
t.maximum of 12 cars is stored on site within the parking structure.
ilt.PARKING ANALYSIS
Ordinance 23, Series of 1998, was the most recent amendment to Special Development
District #4. (Ordinance 1, Series of 'l 999 added the car rental and special events as uses,
but did not amend any of the body of the SDD). lt provides a table of the compleled projects
and the parking associated with each project. According to Ordinance 23, parking in the
structure is assessed according to the following:
Cascade Hotel (hotel. restaurant. retail. etc.
CMC Buildinq (theater. classrooms. etc.
Plaza ll (rooms. reta
TOtal Required Less 17.8% Mixed Use Credit
Existinq Spaces in Structure
Remaininq S
1999 Car Rental Approval
8$PY r$[r
Department of Aommunity D evelopment
75 South Frontage Road
Vail, Colorado 81657
970-479-2 r 3B
FAX 970-479-2452
www.vailgov.com
August 31,2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
'1763 Franklin Street
Denver, CO8021B-1124
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
Ms. Durlee West
Thank you for your correspondence dated August 26, 2004. After reviewing your letter, lhe
Town of Vail's position remains unchanged with regard to the use and operation of Level 3 of the
Cascade parking structure as detailed in my letter of August 18, 2004. Please also be advised that the
deadline to appeal staff's determinalion in this matter is rapidly approaching, as set forth in Section 12-
3-3 of the Vail Town Code.
On another note, it has been brought to my attention thal on several occasions police officials
have visited Level 3 o{ the Cascade parking structure and have found the access to be blocked or
closed. Apparently, attempts were made to find an individual on-site lo correcl the situation, bul there
was no one in attendance. Staff would like to remind you that the parking must be made available to
the general public at all times. Failure to comply with lhis requiremenl may result in criminal sanctions.
Thank you in advance for your continued cooperation in this matter. lf you should have any
questions regarding this letter please contact me at 970-479-2148.
With regards,
4ilu^,^
Warren Campbell
Senior Planner
Cc: File
Matt Mire, Town Attorney
{p uu"".r"o rnr"o
' DunrEn'Wnsr
IEI!I-III
IIIII!ITI
LEGAL COUNSEL
Amy Durfee l7est
AttorneJl
phone 303.831.9500
fax 30J.832.6947
amy.west@durfeewest. com
Durfee Vest PC.
Franklin Street Legal Suites
I /bJ .|ran$ln 5treet
Denver, Colorado 80218-I 124
www.durfeewest.com
August 26,2004
Warren Campbell, Senior Planner
Town of Vail Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
Re: Your letter of August 18, 2004 to Bob Oliva
concerning Vail Cascade Parking Structure Level 3
Dear Mr. Campbell:
We represent Vail Parking LLC, the owner of Level 3 of the Vail Cascade
Parking structure located at 1295 Westhaven Drive. In your letter of August 18, 2004
you state that "Staffdoes not believe that the first come/first serve intention ofrequired
parkingissatisfiedwiththecreationofindividualleasesforparkingspaces. Staffhas
determined the'gold pass'concept to be a similar use to a'parking club.!. . . All spaces on
level 3mustbeavailabletothegeneralpublic." .- , ::. r .:.,,, ., ,.:. ... .:,:,-,t , -,,: .,,
, , The purpose of this letter is fwofold. The first purpose: is to ask you to qeconsider
your interpretation. Vail Parking LLC does not intendto ireate a "private club, civic,
cultural, or fratemal organization" or to lease individual parking spaces. Rather, the
program that Bob Oliva was discussing in the meeting of August 4, 2004 was to offer to
members of the public atlarge the opportunity to obtain a "season pass" for parking. A
pass holder wouldn't get a particular space with the pass, nor would any spaces be
reserved exclusively to pass holders. Pass holders would just get the right to have a space
kept open if they called ahead that morning or the night before to say they were coming.
The exact lang:age of the parking restricticn set fcrth in the condominium
declaration is: "Between the hours of 8:00 a.m. and 4:30 p.m. on each day that Vail
Mountain is open for skiing by the general public, at least 125 spaces located on Unit 3
shall be reserved for use by the public for vehicular p arking on such terms and conditions
as the Owner of Unit 3 may impose provided that the fees charged for such parking shall
not exceed the parking fees charged from time to time by the Town Vail for municipally-
owned covered parking spaces" (emphasis added) Charges to pass holders would not be
in excess ofwhat the Town charges, and the program is specifically for skier parking
while Vail Mountain is open for public skiing. There is nothing in the SDD that
addresses these issues, and the Planning Department has specifically said that there may
be a fee charged for parking. The only provision applicable specifically to Unit 3 in the
SDD just says fhe parking spaces on Unit,3 can't be used to satisfy the residential parking
requirements inCascade Village. Since the proposed pass program (a) is available to the
public, (b) is not exclusive or private, and (c) would provide at least 125 skier parking
Letter to Warren Campbell
August 26,2004
page2
spaces per day during ski season for no greater cost to users than parking in Town-owned
public parking, it would be in compliance with all applicable covenants, rules and
regulations for Unit 3,, and we therefore respectfully request that you reconsider your
intelpretation.
Ifyou do not choose to modify your interpretation, then the second purpose of
this letter is to give you notice of intent to appeal to the planning and Environmental
Commission the Staff interpretation as set forth in the August 18 letter.
Very truly yours,
Durfee West P.C.
4-,"./W-,/*- q/'./-
AmyDurfee West
cc: Matt Mire, Town Attomey
Bob Oliva
Ff[f, ##py
Dep artment of Co mmunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
Durfee West P.C.
c/o Amy Durfee West
Franklin Streel Legal Suites
1763 Franklin Street
Denver, CO 80218-1i24
September 13,2004
Re: Cascade parking struclure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Ms. Durfee West
Thank you for your correspondence dated September 7, 2004. In that letter you ask slaff to
produce the location and documentation which states that "Level 3 of the parking must be available at
all times for the general public." There is no statement in any document that I am aware of that states
the above sentence. However, Chapler 12-10, Off Streel Parking and Loading, Vail Town Code,
discusses lhe requirements of parking for differing land uses. As I am sure you are aware, different
land uses require differing parking requirements and standards. When a use generales a required
parking need the parking is 1o be used for that particular use. The parking struclure at the Cascade
,including Level 3, was lo support the land uses conslructed in Subarea A of Special Development
District No.4. Level 3 must be made available to the general public utilizing the uses lhe structure was
intended to serve. ln this case one of those uses was skier parking in addition to the uses in the
adjacent slructures.
Thank you in advance for your continued cooperation in this matter. lf you should have any
queslions regarding this letler please contact me at 970-479-2148.
Wilh.regards,
Senior Planner
Cc: File
Matt Mire, Town Attorney
J*, ^".r,t, to ro"un
Sep:03-04 03:06pn From-T$llN 0F VAIL C0I,4lr4UNlTY DEVELOPMENT st04t92452 T-844 P. 002/005 F-l t 6
Attachment: A
Appeals Form
Depaftment of Community Development
75 South Frontage Road., Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web : wwrrr.vailoov. com
R E.CEIV EB
-:, i .,' '.
General Information:
This form is required for filing an appeal of a Staff, Design Review Board, or plannirig and Environmental
Commission action/decision, A complete form and associated requirements must be submitted to the
Community Development Depaftment within twenty (20) calendar days of the disputed action/decision.
Actr'on/Decirion being appeated: Decision that Applicant nray not se11
skier parkinq passes, and t.hree "conclusio4s of 1aw'' (detailed in submittal nequirem a;L--Eor ThaE-
Dateof Action,/ Decisionr Letter daLed 8-18-04; Final as of 8-23-04
Board or SLaff person rendering action/decision ' Warren Campbell
Does this appeal involve a specific parcel of land? (Ves) ffleil
If yes, are you an adjacent property owner? {tg.p} (no)
Nameof Appellant(s): VaiI Parking LLC
P.O. Box 21 O04L Littfeton, Colorado Mailing Address:
phone: 9 7 0 - 3 7 6 - 17 I 5
physical Address in Vait: 10 0 0 South Frontage Road # 3 , Vail , CO 81657
(__.-
Subdivision: Vail Cascade . -frfE-3--Cond.o "
-f.
Legal Description of Appellant(s)il: Lot:
Appetlant(s) Signature(s): X
(Atiach a list of siEnaturEs
!!v vJ
if more space is required).
Su bmi ttra I Requi rements;
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an
"aggriqvefl or adversely affeCed person".
2. On a separate sheet or separate sheets of paper, speciFy the precise nature of the appeal. please
cite specific code sections having relevance to the action being appealed.
Provide a list oF names and addresses (both mailing and physical addresses in Vail) of all owners of
property who are the subject of the appeal and all adjacent pfoperb/ owners (including owners
whose prope.'ties are sepamted from the subject prDpetr/ by a right-of-way, stream, or other
intervening barrier).
Provide slamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO:
TOWN OF VATL, DEPAPJMENT OF COMMUNffY DEVELOPMENT.
75 SOUTH FRONTAGE ROAD, VAIL, COLOMDO 81657.
t.
Pldnner:
F r\usErs\cdBv\FORMS\APPt_lCtAppeats.doc
Appeals Form-Vail Parking LLC
Submittal Requirement 1
Provide a detailed explanation ofhow you are an "aggrieved or adversely
affected person."
1 . Applicant is the owner of the property that is the subject of the letter (a
copy of which is attached hereto as Exhibit A) setting forth the decisions to which
Applicant objects; therefore Applicant is, by definition, adversely affected by the
decision. Only people who are not the owner of tlle affected properry or an adjacent
property owner are required by the Ordinance to show that they are "aggrieved or
adversely affected."
2. The decisions limit Applicant's private property rights, and depress the
vaiue of the Property.
3. Applicant has a vested right to use the Properfy subject only to restrictions
of record and duly-adopted Ordinances of the Town of Vail. No published or recorded
statutes, ordinances, deed restrictions, regulations, or other matters ofrecord prohibit
Applicant from selling parking passes to skiers using its parking facility or require that
the parking facility be "available at all times to the general public." Applicant has been
told that it faces potential criminal sanctions if Applicant were to use the Property in a
manner consistent with public parking structues operated by the Town of Vail or even if
access to the parking is temporarily blocked due to malfunction of the gates (caused by
parkers vandalizing or misusing the gates). These consequences would be adverse to
Applicant.
Appeals Form-Vail Parking LLC
Submittal Requirement 2
Specify tle precise nature ofthe appeal. Please cite specific code ordinances
having releyance to the action being appeated.
1- Applicant met with Warren Campbell and Matt Mire to discuss a proposed
parking pass program for the Property to be used. during ski season for some ofthe
parking spaces in the Property (which is Level 3 of the Vail Cascade Parking Structure).
No change of use of the Property was being proposed. Applicant did not ask for a
variance from the requirements set forth in the condominium Declaration for the
Property or ask for an amendment or variance of sDD No. 4. Applicant did not apply for
a conditional Use Perrnit. warren campbell wrote the letter attiihed as Exhibit A.
Town Attorney Matt Mire'indicated to Applicant's counsel that this letter constituted. a
binding determination as to the use of the Froperty, and that any acfion taken by
Applicant that was contrary to the statements in the letter could subject the Applicant to
criminal prosecution.
2' Mr. campbell's letter is dated August 18,2004. The decision became final
as of the Planning and Environmental commissi*on meeting of August 23,2004. Inthe
letter, Warren Campbell made the following statemeffs:
(a) "staff does not believe that the first come/first serve intention of required
parking is satisfied with the creation of individual leases for parking spaces."
(b) "SDD #4 Conditional Uses does not list'Private clubs and civic, cultural and
fr:itemal organizations'which would allow gold. pass/parking club if the pEC granted
CIJP approval."
(c) "It is the Town's opinion that all spaces on level 3 must be available to the
general public."
Applicant is appealing all three of those conclusions and determinations, on
the grounds set forth below:
- 3. The Property is zoned "Special Development District" under Section 12-
9A of the Vail Municipal Code.
4' There is no legal requirement that the property be availabie on a "first
come/first serve" basis. when Applicant's counsel asteo lrtatt Mire to provid.e
documentation of that requirement, she was told that it is set forth in an attorney-client
privileged memorandum in the Planning Department's file for the Property and that it was
not available for inspection (,
5. Pursuant to SDD No. 4 (ordinarice No. g, series of 1995, as amended by
ordinance No. 23, series of 1998), parking spaces in the Vail cascade parking stmcture
meet the parking requirement calculation for the other properties in "Area A.n ,'chart 2,
Area A," on page l0 of ordinance No. 23, indicates that the total number of parking
spacesrequiredforArea Ais3Tl.2,andthatthetotalnumberofspacesintheCascade
Parking structure is 421.0.
6. SDD No. 4 does not address pricing for the parking, nor would it be
appropriate for the zoning ordinance for the property to do so. The only provision in
sDD No. 4 that relates directly to Level 3 says that it may not be used to satisfy the
parking requirement for various residential uses in Area A.
7. In the past, the Property was subject to a Master Lease with the Vail
cascade Hotel, which then sublet spaces to other users (the theater, restaurant, and
Colorado Mountain College.) Later, those 4 users had iadividual leases with the then-
owner of the space. Now some of them have oral, month-to-month leases with Applicant
that allow their customers to use parking spaces without having to pay for parking
themselves.
8. Level 3 is subject to a special restriction under the Condominium
Declaration for the Property. The exact language of the pmking restriction is: "Between
the hours of 8:00 a.m. and 4:30 p.m. on each day that vail Mountain is open for skiing by
the general public, at least 125 spaces located on unit 3 shall be."r"*"d fo. use by G -
public for vehicular parking on such terms and conditions as the owner of (Jnit 3 mav
impose provided that the fees charged for such parking shall not exceed the parking fees
charged from time to time by the Town vail formunicipally-owned .olr"r"d parking
spaces" (emphasis added). Applicant's charges to pass holders would not be in excess of
what the Town charges, and the program is specifically for public parking while vail
Mountain is open for public skiing. passes wourd be offered to the publii at large, on a
non-discriminatorybasis. Thus, the parking pass program would comply with the two
restrictions imposed by the Condominium Declaration.
. 9. with respect to offsite parking, the Town council has the authority to
require "such legal instruments as it deems necessary to ensrue unified operation and
control ofjoint parking facilities orto ensure the continuation ofsuch facilities, including
evidence of ownership, long-term lease, or easement" (vail Municipal code $12-10-6).The Condominium Declaration contains the restriction quoted in section 8 above, anAine
Declaration cannot be modifred without the Town's appioval, so presumably the Town
placed all the restrictions on the property that it deemid necessary. Applicant's rights in
the Property are vested at this time. Any Town action in derogatLn oiitror" rights would
be a taking, and would be subject to the constitutional requireirent ofjust compensation.
10. The only restriction on what Applicant charges for parking for the
Top"ry is that charges during ski season wtrlie ttre lifts are running maiot exceed what
Town chaiges. The public parking structure operated by the Town orvait is subject to a parking pass program. If the Town's public parking structure can have a pass program,
then so can Applicant's privately-owned parking facitity.
11. Applicant did not ask for a conditional use permit for a private club or
civic, cultural or fratemal organization. This determination (as set forth in section 2(b)
above) by staff is not relevant to the issue at hand. Applicant has no intention of using
the Property for this purpose. The proposed skier parking pass program is a use by right,
and does not require a CIIP or any other kind of permit.
12. Applicant is not seeking to change the use of the Property. Commercial
properfies in Area A are a "nafural market" for Applicant, and the owners of such
properties need the Properfy to satisfy their requirements for parking. Applicant has done
nothing to prevent customers and clients of the sp4 the hotel, the restaurant, or the movie
theater from using the parking. Selling passes to skiers would likewise not be a change
ofuse or involve the creation ofa club or civic or fraternal organization, or any other use
not permitted in sDD No. 4.
13. The Property has historically been leased to users whose iatention in
leasing spaces is that their customers and members, not the general public, have priority
use of the space on Level 3. These leases would be "trumped" by the requirement of
keeping 125 spaces available to the public while the ski lifts are running. The statement
that "all spaces on Level 3 must be available to the public" is not only incorrect and
misleading, but it is also contrary to the historic uses of this Property. Applying this
standard rigorously would actually prevent Area A commercial users from leasing spape
in the Properly for their clients, members, and customers. That is surely not an intended
result of this interpretation.
14. Restrictions ou use of private property must be definite, and standards
must be ascertainable. The restrictions that appear ofrecord that affect this Property
meet that test. The restrictions in the Planning Department's files, and in the minds of
individual planners, do not. Applicant has a right to use its Property in a manner
consistent with all legal requirements and restrictions ofrecord, and not to be subjected to
additional requirements and standards that carmot be ascertained from examining public
records.
16. For the reasons set forth above, Applicant requests that the Planniug and
Environmental C ommission:
(a) Confirm that there is no "first come/first serve" rule goveming the use of the
Property.
(b) Confirm that a parking pass program for skier parking is permissible so long
as it is sold to the "public" and not through a non-public mecharrism, such as a "club" or
some other preferential system, and so long as Applicant does not charge more than the
Town of Vail charges for municipally-ownedparking structures.
(c) Confirm that there is no iegal requirement that'all spaces on Level 3 be
available to the general public" and that, except for the requirement that 125 spaces be
made available to the public during ski season from 8:00 a.m. to 4:30 p.m., Applicant is
free to enter into parking leases with owners of commercial uses in Area A of SDD No.4,
or, ifApplicant chooses, to charge a daily parking rate to all persons parking on the
Property and not have leases with such commercial users.
(d) Confirm that parking is a use by right for the Property, and that the only
restriction on what Applicant charges for parking is set forth in the Condominium
Declaration.
Appeals Fomr-Vail Parking LLC
Submittal Requirement 3
Provide a list of names and addresses (bot} mailing and physical addresses in
vail) of all oyvners ofproperty who are the subject ofthe appeal and all adjacent
properfy owners (including owners whose properties are separated from the subject
property by a right-of-way, stream, or other intervening barrier).*
Owner of Propertv Subject to this Apueal:
Vail Parking LLC
P.O. Box 270041
Littleton, Colorado 80127-0041
Vail Parking LLC
1000 South Frontage Road, Unit 3
Vail, Colorado 81657
(Condominium Unit #3)
Adjacent Propertv Owners :
Parking Garage:
L-O Vail Holding Inc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
L-O Vail Holding Inc.
1000 South Frontage Road, Unit 1
Vail, Colorado 81657
(Parking Level l)
L-O Vail Holding lnc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
L-O Vail Holding Inc.
1000 South Frontage Road, Unit 2
Vail, Colorado 81657
(Parking Level 2)
Cascade Club LTD
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
Cascade Club LTD
1000 South Frontage Road, Unit 4
Vail. Colorado 81657
(Patking Level4)
Westhaven (the "Ruins")
MIRUS, LLC
c/o WN Management
P.O.Box7270
Avon, Colorado 81620
MIRUS. LLC
1000 W. Frontage Road
Vail, Colorado 81657
Westhaven/Cascade LLC
c/o Jerald L. Wuhrman
P.O. Box 3098
Tequesta, Florida 33469-0098
Westhaven/Cascade LLC
1000 W. Frontage Road
Vail, Colorado 81657
Plaza & Terrace Site
L-O Vail Holding Inc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
L-O Vail Holding Inc.
1000 West Frontage Road
Plaza and Terrace
Vail, Colorado 81657
Liftside Condomipiums
Tim Albrecht, Managing Agent
Lift side Condominium Association
1234 Westhaven Drive
Vail, Colorado 81657
Liftside Condominium Association. Inc.
i234 Westhaven Drive
Vail, Colorado 81657
Vail Cascade Condominiums
Registered Agent for Liftside Condominium Association
Attention: Don Maclachlan
1476 Westhaven Drive
Vail, Colorado 81657
Colorado Mountain Condominiums
Colorado Mountain Condominiums
W. Thomas Saalfeld, Managing Agent ,
62 East Meadow Drive
Vail, Colorado 81657
Colorado Mountain C ondominiums
1310 Westhaven Drive Unit Sl0l
Vail, Colorado 81657
Colorado Mountain Condominiums
W. Thomas Saalfeld, Managing Agent
c/o CMC Building
Attention Julie Grimm
1000 S. Frontage Road West
Vail, Colorado 81657
Colorado Mountain Condominiums Residential
Asssociation
c/o Vail Cascade Condominiums
Attention Don Maclachlan
1476 Westhaven Drive
Vail, Colorado 81657
Colorado Mountain College Foundation
P.0. Box 1763
Glenwood Springs, Colorado 81602
Colorado Mountain College Foundation
1310 Westhaven Drive Unit 5401
Vail, Colorado 81657
Millrace
Millrace Condominium Association
Attention: Julie Grimm, ManagingAgent
1000 So. Frontage Road West
Vail, Colorado 8i657
Millrace C ondominium Association
1476 Westhaven Drive, Unit 1
Vail, Colorado 81657
tt Cornerstone
L-O Westhaven Inc.
c/o Deloitte & Touche LLP
555 17th Street Suite 3600
Denver, Colorado 80202
L-O Westhaven Inc.
"Cornerstone Property"
1276 Westhaven Drive
Vail, Colorado 8 t657
L-O Westhaven Inc.
cro Vail Cascade Condominiums
Attention Don Maclachlan
1476 Westhaven Drive
Vail, Colorado 81657
*$12-3-3B3 provides that "the list of property owners within a condominium project shall
be satisfied by listing the addresses for the managing agent or the board of directors of
the condominium association. "
EXHIBIT A
T0lfi\r0F Yd[,
Deparlment of Communigt Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2t 3B
F,4-Y 970-479-2452
www.vailgov.com
FILE EuP
August 18,2004
Rocky Mountain Commercial Real Estate Corporation
c/o Hoberl Oliva
2121 N. Frontage Road West
Vail, CO 81657
Re: Cascade parking structure level 3 localed at 1295 Westhaven Drive SDD 4, Cascade Village, Area
Mr. Oliva,
This letter is being seni as a follow-up to our meeting on August 4,2004, at which you described to myself, Clare Sloan, and Matt Mire, your desires for the recently purchased Level 3 of the Cascade parkin_g stru_cture-. The following paragraphs of this lelter detail the
'nistory
that was discovered by staff regarding Special Deve.lopment. District 4 (SDD #4) and more specifically the Cascade pirking structure- The paragraphs also detail staff's position on the permitted use ani operation of Level 3 of the Cascade parking struclure. :
In a letler dated June 3, 1992 from Kristan Pritz, the Town's opinion regarding Level 3 of Cascade Parking Struclure is stated as, "...1t is lhe lown's opinion that level 3 must 6e avaitaute tor parrcnj. i[e Town of Vail does not believe there would be a viotation of the parking provisions ol Ordinance lrio. +t,Series of 1991, should an owner of the Cascade Parking Stniclure 6tioose to lease the parking to a facility in Area A pursuant to the required parking allocatEd to that facility as set forth in ihe chart...".(Altachment A)
Level 3 is permitted to lease spaces for lhe commercial uses in Area A of SDD #4 to meet the required parking on the site- The owner of Level 3 would like lo create a'gold pass" program for the general public 1o lease-Z4.spaces- Slaff does not believe that the first come/fiisl serve intention of required parking is satisfied with the crealion of individual leases for parking spaces. Staff has determined the "go1d pass" concept to be a similar use to a "parking ctuO". SOO #4 Conditional Uses does not list "Privale clubs and civic, cultural and fraternal organiiations" which would allow tn" golJ paJpart<ing
club. if the PEC granted CUP approval. lt is the town's opinion that all spaces onievel 3 must be available to the general public. The owner does have an ability to charge for the parking-
A town council member mentioned concem about required parking when the Aria Spa was approved in 2001. The amendment to the Cascade SDD for tlie spa was -minor and the staff meno does not mention parking for the spa (Attachment B). The minutes for the 4-9-01.. PEC (Attachment Ci refiect the parking concem, which prompted a parking management plan. The plan demonstrates a surplus of parking (Attachment D). r
rj' i.,i.i'1,
Please review these comments and if you have any questions regarding this letter please contact me at
.-,0 91,i qltlt
if.i, i,:.ra4G .1r r .,- ,. E.t i 'ir'r
970-479-2148.
Attachments: A. Letter to Fred Green dated June 3, 1992
B. Letter to Randy Linberg, PEC, and adjacent property owners dated 3-28-01
C. PEC Minutes from April 4,2001
D. Parking Management Plan dated April 23, 2001
Cc: File
Matt Mire, Town Attomey
Senior Planner
Department of Comnunity Development
75 South Frontage Road
VaiI, Colorado 81657
970-479-2t38
FAX 970-479-2452
www.vailgov.com November 30, 2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver, CO80218-1124
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive/SDD 4, Cascade
Village, Area A
Ms. Durfee West
Thank you for your correspondence dated November 19, 2004, in which you ask staff to
provide input regarding a proposal by your client to offer pre-paid parking cards (passes) for
the parking spaces on Level 3 of the Cascade parking structure. After reviewing your lefter
dated November 19, 2004, staff has determined that your proposalto offer parking passes for
the 149 spaces would be acceptable if the following comments are recorded in a legal
document with Eagle County Clerk and Recorder.
r The purchase of a pre-paid parking card shall not reserve an individual parking
space for the card holder.. All pre-paid cards will be non-exclusive. All parking spaces will be available "first
come first serve" regardless of the number of pre-paid parking cards sold. An
individual not holding a pre-paid card will be able to park within Level 3
regardless of card holders coming, or in line behind that individual.o Regardless of different pre-paid card levels being offered, no parking spaces
shall be reserved or set aside. This includes giving perceived "better" parking
spaces to purchasers of a greater value parking card.r The creation of the pre-paid parking card system does not nullify the
requirements of the Cascade covenants regarding the fee charged for parking
during the ski season or the availability of the parking to the public.
lf you should have any questions regarding this letter please contact me at 970479-
2148. On behalf of your client please proceed forward with the creation of a document, such
as a Memorandum of Understanding, which would memorialize the operation of the parking
{p ^".,",to ""*
passes and the structure. Please submit a draft of this document for review by the Town and
at a point when agreement is reached on language the document shall be recorded with Eagle
County at your expense. Thank you for working with the Town to reach an acceptable solution
to the issue of parking on Level 3 of the Cascade parking structure.
wrn regaros
^l ila*^t^"M
Warren Campbefi'
Senior Planner
Cc:File
Matt Mire, Town Attomey
'Dunrnn. WEsr
ITIIIIIII IIIIIIII
LEGAL COT.INSEL
December 17,2004
Warren Campbell, Senior Plarmer
Town of Vail Department of Community Development
75 SouthFrontageRoad
Vail, Colorado 81657
Re: Cascade Parking Structure Level3/ Prepaid Parking
Dear Warren:
I am enclosing a draft of a Memorandum of Understanding prepared in
accordance with your letter of November 30, 2004.
My client is very pleased that we were able to reach an understanding about the
prepaid parking issue. Thank you for your cooperation.
Very truly yours,
Durfee West P.C.
Amy Durfee \7est
Anornry
phone 303.831.9500
fax 303.832.6947
amy.west@durfeewest. com
Durfee lVest lC.
Franklin Street Legal Suires
1763 Franklin Sueet
Denver, Colorado 8021 8- | 1 24
www.durfeewe st.com
Matt Mire, Esq.
Bob Oliva
AmyDurfee West
1-4-1 1-4-2
CHAPTER 4
GENERAL PENALTY
portion of which a violation of any
provision of this Code ts commlfied,
continued, or permitted by such per-
son and shall be punished according'
ry.
B. Public Nuisance: ln addition to penal-
ties provided In this Section, any con-
dition caused or permitted to exist in
violation of any provisions of this
Code shall be deemed a Public nui-
sance and may be bY this Town simi-
larly abated as such and each daY
that such condition continu€s shall be
regarded as a new and separate of-
fense, (Ord. 12(1994) $ 9: Ord.
17(1988) $ 1: Ord. 31(1981) $'l: Ord.
34(1e80) $ 3)
1-4-2: APPLICATION OF PROVI'
SIONS:
A. Application Of Penalty: The penalty
provided in this Chapter shall be appli-
cabl6 to ev€ry section of this Town
Code the same as though it were a
part of each and every separate sec-
tion.
B. One Judgment OnlY: ln all cases
where the same offense is made Pun'
ishable or is created bY different
clauses or sections of this Town
Code, the Prosecuting officer maY
elect under which to proceed, but not
more than one recovery shall be had
against the same person for the same
offense; provided, that the revocation
of a license or Permit shall not be
considered a recovery or PenallY so
SECTION:
1-4-1: General Penalty 1-4-2: Application Ol Provisions 1-4-A: Liability Of Otficers
t 'Of-,. .,$ ,$F'Y/ ^\O'/ 3\ -1-'tVt /,.n1' $ t-a-r: GENERAL PENALTYI:ft ^o'.
\*t* A. Viotation And Punishment:
1. lt is unlawlul for any Person to
violate any provision or to fail to com-
ply with any of the requirements of
this Code. Unless otherwise specifi'
cally provided, any person eighteen
(18) years of age or older violating
any section of the Town Code shall be \--.'' punished by a fine of not more than
nine hundred ninety nine dollars
($999.00), or by incarceralion not to
exceed one hundred eighty (180) days
or by both Euch fine and incarceration.
2. Any person under eighteen (1 8)
years of age convicted of violating any
provision of this Code may be Pun-
ished by a fine of not more than nine
hundred ninety nine dollars ($999.00).
Any person under the age of eighteen
(18) years convicted of violating any
\-./ provision of the Model Trafflc Code
adopted by Section 7'1-1 of this Code
may be punlshed by a fine of not more
than three hundred dollars ($300.00)
or by incarceration noi to exceed
ninety (90) days, or by both such fine
and incarceration. Any Euch person
shall be guilty of a separate oflense
for each and every daY during anY
1. C.R.S. S 31-16-101.
Toutn of Vail
tr
\l
Cascade Clulr Condoml-nLr:ms wlrich ls or may become a nuisance or
cauEe eubalrass$ent, disturb"tt"" o=-annofanee to others' Att
orsners agree tn"t--"! i- ar=poles between owners or betrreen the
Board and ownert] tft"-i"ard'alons shall deternine if a
nuisance existsr'"id-"o-p.ity gfrafi-be entitled to insist on a
iudicial deter:miniilott-"-t "tri="t""-prior to--cs19|iance sith an
6rder f,rou ttre s;ira to abate t t'oiittt""' No activity shall
be conducted on;;-p;fu-oi-tt. ii""ia" club condominiums and
no Improvements Eniri be nade or-constnrcted.on.any part of
ttre cascade clul io"aoni"it-s whlch are or rnight be unsafe or
hazardous to any person or E"opertv' No sound Ehall be
enitted on any pa-rt of Ure-CascaiJ'if"i-Condorniniums whlch is
unreasonabfy foul-"r-innoying' No odor shaLl be'emittad on
any patt of tne EatE.ai ciul-condouinit:ros lrhlch is noxious or
offensive to o*Ii!---N"-iGnt r["rr--1" ernitted from any parts
of ttre cascade diG'co'tia"tfii*-wrrlcrr is unreasonably bright
or causes unreasonable glare'
(d) No Unsiohtliness' No unsightliness shall
be pemltted on or in a+y pa+ o-f the cascade Club Condo-
fi"i;il:-;rth;"t-rriliiii,s trre _Eeneiallty of the f,oresoins'
nothing shaLt U"-f.pt-oi itoreA-on or in-any of the General
coEmon slenents! llliiis !i"ri-u" nuns or p139t9 upon anv of
tbe Generar comon nlen6nts; anA-nittring-sla1l .be Blaced on or
in windows or aoois of ttre c."".a*-ciub-condouiniuns, which
r"oia -r niEht create an unsightly appearance'
(e) Restriclion on=it:lirnA1F: . No'-ltitals' live-
stock, Ilorses oi'po@I be kept, raised or
bred wlthin any-clia"iiirittr Unit or within the General Coro'on
Eleuents.
(f) Trash alrd Ulrsicrhtlv UqeF. --Unsightly obJects ana mateliaFs-nFnot uA-Fcequqon the General
co'r'on Erenents ile-;";;=t it the General common Erements uay
be used as a aumiil;';lii""a ror garbage' trash or other waste'
and the saroe strall be dlspoEea oi-ln i ianitary manner' Ehe
AssocLation srrati-rriie-trrE-iignt to enter upgn any General
coEmon Elements "tta to renove- Eu9tr. 5eful -!i1":.ol*:tL*--iil{lii.ii=fiilltE-""a-nii"riat at the expense of the owner
causing ttt" ="t"-, i'rrl *:otl.-@&
trespass.
of, 8:oo a.m.ffiay thatvail
ffiHi"$ il";p;";"i'}ii1'v ;t +" s:1?1"l Elll*"*-'l-.,ffi:$' il"i.lililin" ;;.;;;- Gq"i:e. :l' :l i:. lj l:t :,,:i i:*y"u ;:l-;":';v"ii!'ilioii;;;'-;*ricurar parkins on such terns
--r ---rt..i^h. ra ,.l,ra o*tner of Unit i uay impose provided ina """ailion" is ttre ontner of unit.l -t1I lill."iii!' ;:$;-;;d; ;;;-;":h^P=kly-?::'l:."::-"I:ffiu
iiiE-p#iir,g-r""r-li"ig"a-from tine to tirne by tlre Town
'q
IA
cl
for nunieipally-ovmed covered parking spaces. The provisions of this Section 23(Sl nay be amended only by the written
approval in recordable form of, the ovner of Unit 3, the First
L,ienor nlth respect to Unit 3, the Town, vAI and the District,
as set forth in Section 17 (b) . The proviaions of this Section
23 (S) shall be enforceable onl1t by the Town, VAI and the District, as set forth in Sectlon 27.
(h) Utrlts l" 2 and 3 Use Restriction€. Units 1, 2 and 3 shall be used and occupied solely for PurPoaes of
motor vetricle parking, vendor deliveries and refuse renovaL.
(i) Unit.4 iUse Restriction. Unlt 4 shall be
used and occupied solely for purposes of a full sernrice health
and racquets club including restaurant, lounge, retail faeili-ties, administration offices and nedicaL facillties.
(j) No ViolatLon of Ru1es. No oqrner and no
Ownerts Fermltteeg strall vlolate the rules and regulations
adopted from tLne to tine by the Association, whether relating to the use of Units, the use of General Conmon Elements, or
otherwise.
2_4- .
(a) There is hereby created and granted to the
Onrner of, Unit 1 and the Ohrner of, Unit 2 a perpetual nonexclu-sive accegs eaBenent and right-of-way (the'Unit 4 Easement')for the benefit of Units 1 and 2 fron the eLevator and
adJacent stairvell located in the lobby of Unit 4 through such
J.obby to the wal*ray leading to the Westhaven Pedestrian Bridge, as shown by cross-hatching on Exhibit D attached here-to and by this referance nade a part hereof (uhich contains a
copy of a portlon of the Map showing that portion of unit 4 that j.s located on Level 3 of the Bulldlng). The unit 4 Ease-
ment shall be a burden on.unit 4. The owner of Unit l and the
owner of Unit 2 shall be entitled to nake the Unit 4 Easement available for use by the Penrrittees of such owners on such
ter:ns and conditions as nay be J.nposed by such owners. Any
danage or destruction to the tunit 4 Easement Areas" (as such tern is defined ln Section 24(b)) caused by ei.ther the owner of Unit 1 or the Onrner of Unit 2 or such owners' respective
Pernittees shall be repaj.red at the sole expense of, sueh
Owner.
(b) The owner of Unit 4 shall be responsible for the operatS.on, naintenance and repair of the areas over
which the untrt 4 Easement is created (the tUnit 4 Easement Areas') and shall naintain the Unit 4 Easenent Areas in a clean, safe and attractive condition.
-26-
hp,6 "t lAou L,Jhr"[ hl^s Apprud\r 9P
Memorandum of Understanding
This Memorandum of Understanding is entered into this day of February,
2005 by and between Vail Parking LLC, a Colorado limited liability company ("Owner")
and the Town of Vail ("Town") with respect to certain real property in the Town of Vail
owned by Owner and legally described as:
Level 3, Cascade Club Condominiums, a part of the SWI/4
NEI/4, Section 12, Township 5 South, Range 81 West of
the Sixth Principal MeridiarL Town of Vail, Eagle County,
Colorado(the " Property" )
and located at1295 Westhaven Drive #3, Vail, Colorado.
The Property is a portion of a parking structurs located in Cascade Village, Area
A. It is in Special Development District No. 4, a mixed use dishict. In addition to the
requirements of Special Development District No. 4, the Condominium Declaration for
the Property requires that it be available to the public between the hours of 8:00 a.m. and
4:30 p.m. while Vail Mountain is open for public skiing.
Owner would like to sell pre-paid parking cards for the Property. The Town has
agreed that if certain conditions are met, pre-paid parking cards would not violate the
existing zoning or other restrictions on the Property. This Memorandum of
Understanding sets forth those conditions and will be recorded as a reference for the
cunent Owner and any future owners of the Property.
Any pre-paid parking pass program must have the following characteristics:
l) Having a card does not mean that any cardholder has reserved an individual
parking space. No parking spaces shall be reserved or set aside for cardholders under any
circumstances, regardless ofpricing levels for the cards.
2) Having a parking card does not give the cardholddr any privileged status, or
the right to pre-empt or supersede the parking rights ofanyone in line or in the garage
ahead ofthe pass holder. All parking spaces inthe Property will be available on a first
come-first served basis regardless ofthe number ofparking cards sold. The right to park
will be determined by anival time, not method of payment; cardholders and single-use
parkers shall be treated equally.
3) The requirements in the Condominium Declaration regarding pricing and
availability of parking between the hours of 8:00 a.m. and 4:30 p.m. while Vail Mormtain
is open to public skiing remain in effect and have not been modified by this agreement.
4) Any violation of this agreement by Owner shall constitute a violation of the
Vail Toum Code and Special Development Dishict #4, Cascade Village, and shall be
punishable pursuant to the General Penalty provisions set forth in Section I -4- I , General
By:
Penalty, Vail Town Code for each and every day that such violation continues. Each day
that such violation continues shall constitute a separate violation.
Vail Parking LLC, aColorado
limited tiability company
Robert W. Oliva" Manager
Torvn of Vail
By:
Name:
Title:
STATEOFCOLORADO I
)SS.couNTYoF_ )
The foregoing instrument was acknowledged before me this _ day of
2005, by Robert W. Oliva as managers of Vail Parking LLC, a
Colorado limited liability company, on behalf of such limited liability company.
WITNESS my hand and offrcial seal.
Notary Public
My CommissionExpires:
STATEOFCOLORADO )
COLINTY OF
The foregoing instrument was acknowledged before me this _ day of
2005. by
of the Town of Vail, a Colorado home rule municipality.
WITNESS mv hand and official seal.
Notarv Public
)ss.
)
My Commission Expires:
2
rur 80Py
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-2138
tuw 970-479-2452
wwwvailgov.com
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver, CO80218-1124
. The purchase of a pre-paid parking card shall
space for the card holder.
November 30. 2004
not reserve an individual parking
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive/SDD 4, Cascade
Village, Area A
Ms. Durfee West
Thank you for your correspondence dated November 19, 2004, in which you ask staff to
provide input regarding a proposal by your client to offer pre-paid parking cards (passes) for
the parking spaces on Level 3 of the Cascade parking structure. After reviewing your lefter
dated November 19, 2004, staff has determined that your proposalto offer parking passes for
the 149 spaces would be acceptable if the following comments are recorded in a legal
document with Eagle County Clerk and Recorder.
. All pre-paid cards will be non-exclusive. All parking spaces will be available "first
come first serve" regardless of the number of pre-paid parking cards sold. An
individual not holding a pre-paid card will be able to park within Level 3
regardless of card holders coming, or in line behind that individual.o Regardless of different pre-paid card levels being offered, no parking spaces
shall be reserved or set aside. This includes giving perceived "better" parking
spaces to purchasers of a greater value parking card.. The creation of the pre-paid parking card system does not nullify the
requirements of the Cascade covenants regarding the fee charged for parking
during the ski season or the availability of the parking to the public.
lf you should have any questions regarding this letter please contact me at 970-479-
2148. On behalf of your client please proceed fonrrard with the creation of a document, such
as a Memorandum of Understanding, which would memorialize the operation of the parking
flp n"rr.*o "urr^
* ..,. tt { I "'t : .: I
passeslenO'thestrLlcture. Please submit a draft of this document for review by the Town and
at a point when agreement is reached on language the document shall be recorded with Eagle
.pounty at your expense. Thank you for working with the Town to reach an acceptable solution
to the issue of parking on Level 3 of the Cascade parking structure.
Witf reOards,-
#,saN
Senior Planner
Cc: File
Matt Mire, Town Attorney
'DuRrnn.'WEsr
TIIIIII'-IIIIIIII
LEGAL COUNSEL
November 19,2004
Warren Campbell, Senior Planner
Town of Vail Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
Re: Cascade Parking Structure Level 3/ Prepaid Parking
Dear Warren:
This is in response to your letter of November 17, 2004. My client plans to sell a
convenience parking card to members of the public. There is no way they could be
effective for only a specifred number ofspaces, given that no reserving or "privatizing" of
spaces is allowed under the zoning and deed restriction applicable to the property.
Offering altemative ways of accessing and paylng for the parking does not create any
kind ofpriority or exclusivity for anyone.
As I described in my letter of November 5, the parking cards would be marketed
to skiers at a price no higher than similar passes sold by the Town for its public parking
garage. For that rbason, if there were a way to regulate use, it would be the opposite of
what your letter says. Rather than the passes applying just to the 24 "extra" spaces, they
are intended to be for the 125 skier parking spaces. For that matter, the restriction says
"al least" 125 spaceshavetobemadeavailabletothepublicbetweenthehoursof 8:00
a.m. and 4:30 p.m. while Vail Mountain is open to public skiing. The number of cars
parking there for skiing purposes could be as many as 149 on any given day.
There is no plan to have cones, gates, attendants waving people off, advance
reservations, or signs implying or stating that parking is restricted or reserved, As stated
in myNovember 5 letter, 100% of Level 3 is public parking. Anyone who wants to park
there may do so at any time if the fee is paid. The parking cards would just make paylng
for parking more convenient, and potentially more economical, for people who anticipate
that they will be using the facility frequently.
Very truly yours,
Durfee West P.C.
oilrl
Amy Durfee West
Attome!
phone 303.831.9500
fax 303.832.6947
amy.wes t@durfeewesr.com
Durfee West PC.
Franklin Street Legal Suites
1763 Franklin Street
De nver, Colorado 80218-1124
www.durf€ewest.com
Dunrnn .'Wnsr
-III'IIIT .IIII'II
LEGAL COUNSEL
November 5,2004
Warren Campbell, Senior Planner
Town of Vail Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
Re: Cascade Parking Structure Level 3/ prepaid parking
Dear Warren:
The purpose ofthis letter is to describe our client's proposal to provide parking
passes for use of Level 3 of the Vail Cascade parking shucture. we think these passes
would not constitute a change in use or run counter to the zoning or any other restriction
applicable to the property. For this reason, no application for a Special Use permit or an
amendment to the SDD is being made.
It is my understanding that for much of the last 14 years, some or all of the users
in "subarea A" have been issued parking passes or tokens for operating the gates. All
149 spaces on Level 3 have been available to the public, with the only difference between
day parkers and "leased" spaces being the method of payment. when there have been
lease agieements with the cascade club, the restaurant, or the theater, the customers,
clients or others affiliated with those users have been able to park without putting in cash.
They could use card passes or tokens instead.
Level 3 is subject to a restrictive covenant that provides as follows: "Between the
hours of 8:00 a.m. and 4:30 p.m. on each day that vail Mountain is open for skiing by the
general public, at least 125 spaces located on unit 3 shall be reserved for use by the
public for vehicular parking on such terms and conditions as the owner of unit 3 may
impose provided that the fees charged for such parking shall not exceed the parking fees
chargeti from time to time by the Town Vaii for municipaily-owned covered parking
spaces" My client is cognizant of its duty to make skier parking available. It intends to
operate Level 3 as 100% public parking, with all 149 spaces available to the general
public during the day.
My client wants to sell parking passes to skiers. They would be marketed to the
public, not to any special group or organization. The concept is the same as a season lift
ticket. Those who think they would use it enough that the cost per use of prepaying
would be less than paying by the day would buy a pass. The pass would not im"*"" ttt.-
a pafiicularspace, or guaranty them a space, just as owning a season lift ticket doesn't
guaranty that the mbuntain won't be crowded or the lift lines will be short. If a pass
holdet doesn't get to the garage before it fills up, he or she doesn't get a spot. This is
exactly the same way that passes have been used in this property since 1990. pricing for
Amy Durfee rW'est
Attome!
phone 303.831.9500
fax 303.832.6947
amy.west@durfeewest. co m
Durfee \fest PC.
Franklin Street kgal Suites
1763 Franklin Street
Denver, Colorado 80218- | I24
www.durfeewest.com
Letter to Wanen Campbell
November 5,2004
page2
skierparking passes would not exceed what the Town of vail charges from time to time
for skier parking passes in its public parking garag6s. As part of the marketing for the
parking pass program, skiers would be made aware of the availability of this parking rteu
(and the fact that day parking is also available, notjust the passes.) This will help lessen
some of the skier parking problems in Vail.
. The owner may also offer passes to other public users, such as for special events,
like music festivals or other activities taking place near the garage, but at the moment the
primary consideration is skier parking.
My client is aware that the parking in the vail cascade parking structure is
designed to meet the parking reouirements for the uses in the Vail Casca<le development.
The zoning ordinance, sDD #4, provides that Level 3 cannot be used to meet any of the
residential parking requirements in subarea A. This is, in fact, the only affirmative
restriction on parking in Level 3 in SDD #4. The "mixed use discount" for the parking
garage reflects an assumption that the parking will tum over. In addition, at least 125
spaces must be made available to the public while the lifts are running. This restriction
can't be changed without the approval of the Town and vail Associates. After 4:30, it is
in the Town's (and the owner's) best interests to have the parking "tum over" for another
use, such as the restaurant or the theater.
People who have passes don't have to worry about whether the machine will
accept their cash, or about carryring enough cash or change to pay. This will make skier
parking more functional and available than it is currently. My client agrees that
individual spaces can't be reserved or taken out of the pool of 149 spaces, and does not
propose to do so, However, if there is no reservation systefir, and if having a pass doesn't
grant the pass holder any greater parking privileges than someone who gets there sooner
with cash, then prepaid parking passes sold to the general public would be in compliance
with the zoning and the restrictive covenant.
Please let me know if you agree with our conclusions. If you need additional
information or want to have a meeting, I'd be happy to make myself available.
Very truly yours,
Durfee West P.C.
4r,"yW./, (+/"**
AmyDurfee West
Matt Mire, Esq.
Bob Oliva
Department of Community Development
75 South Frcntdge Road
Vail, Calorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
November 17,2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver, CO80218-1124
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Ms. Durfee West
Thank you for your correspondence dated November 11, 2004, in which you ask staff to place in
writing the question I asked over the phone regarding your letter dated November 5, 2004. After
reviewing you letter dated November 5, 2004, staff had one question regarding your proposal. ls it the
intent to apply the proposed program to all the parking spaces on Level 3 orjust 24 of the spaces (149
total spaces minus the 125 for skier parking). This information is need in order for staff to accurately
review your proposal.
ff you should have any questions regarding this letter please contact me a|.970479-2148.
With regards,
ld"wA
Senior Planner
Cc: File
Matt Mire, Town Attorney
{-p "tt""rro o""*
l{1Y, -11'04{THU) li,5i FRANI(IlN LEGAL sUITE TEL:303-832-6947 P,002
DI RFEE ' WEST rTTII'I1III I'III'II
IJGALCOT'NSEL
Mnnp
To: Wanen CdnPbell
Frorn: ArnyDurfeeWast
ctcc MafrMlre, Bob olir/a
Dstc Norember 11' 2004
ior YourVolce Mail Message
I did not sa\re or transcribe lour wioe mail message fom -yrybrqay, and. when I
called my dientU dit".rss lt, lt quick'iy b8ceme apparent trat either I do not undersbnd fie
qumtion or I rerne.mnered it lnconec{y,
lf you would pleaEe put pur question in wfltlng, we can avoH crtatlng any further
misundeE0anding5 a'boLlt leiet d of Uri Van CaEcada pirking stuc'trn' lf you would indicete
why you wantthli lnbmation, hat would also be extremely helptul.
Thank!mu.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
October 25,2004
6;ll' u{''ad
f.otlt.'
6-D
An appeal of an administrative action denying a request to "setl skier pafuing
passes" (parking club) on Level 3, Cascade Village Parking Structure,
Development Area A, Special Development District No. 4, pursuant to the parking
provisions prescribed in Ordinance No. 41 , Series of 1991 , located at 1000 South
Frontage Road, #3A/ail Cascade Village, and setting forth details in regard
thereto.
Appellant Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruther .-
lt.
il.
SUBJECT PROPERTY
The subject property is located at 1000 South Frontage Road, #3, Vail Cascade
Condominiums.
STANDING OF APPELLANJ
The appellant, Robert Oliva, Vail Parking LLC., represented by Durfee West, P.C., has
standing to file an appeal as the owner of the property in question.
REQUIRED ACTION
The Town of Vail Planning and Environmental Commission shall uphold, ovelturn, or
modify the Community Development Department's denial of a request for a private
parking club operation in the absence of a development review application for a major
amendment to Special Development District # 4,Yail Cascade Village, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code.
Pursuant to Sub-section 1 2-3-3-85, Appeal of Administrative Actions, Vail Town Code, the
Planning and Environmental Commission is required to make findings of fact in accordance
with the Vail Town Code:
"The planning and environmental commission (or the design review board in the
case of design guidelines) shall on all appeals make specific findings of fact based
directly on the parlicular evidence presented to it. These findings of fact must
support conclusions that the standards and conditions imposed by the requirements
af this title have or have not been met."
A copy of the appellant's appeal applicption has been attached for reference ffiachment A).
RAC tv.
V.
NumeroufrArritt'eri letters of correspondence regarding this matter has been generated by
the.Cgmmunity Development Department. For purposes of providing background and a
basis-of understanding, complete copies of the letters have been attached for reference
(Attachment B).
APPLICABLE REGULATIONS OF THE TOWN CODE
Chapter 12-3. Administration and Enforcement (in part)
Section 12-3-3: Appeals (in part):
"1 . Authoity: The planning and environmental commission shall havethe authorityto
hear and decide appeals from any decision, determination or interpretation by any
town administrative official with respect to the provisions of this title and the
standards and procedures hereinafter set forth, except that appeals of any decisian,
determination or interpretation by any town administrative official with regard to a
design guideline shall be heard by the design review board.
2. lnitiation: An appeal may be initiated by an applicant, adjacent properly owner, or
any aggieved or adversely affected person from any order, decision, determination
or interpretation by any administrative official with respectto this title. "Aggrieved or
adversely affected person" means any person who will suffer an adverse effectto an
interest protected or furlhered 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 administratols determination of standing, the planning and environmental
commission (orthe design review board in the case of design guidelines) shall, at a
meeting prior to hearing evidence on the appeal, make a determination as to the
standing of the appellant. lf the planning and environmental commission (or the
design review board in the case of design guidelines) determines that the appellant
does not have standing to bring an appeal, the appeal shall not be heard and the
oiginal action or determination sfands.
3. Procedures: A written notice of appeal must be filed with the administratororwith
the deparTment rendering the decision, determination or interpretation within twenty
(20) calendar days of the decision becoming final. If the last day for filing an appeal
falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an
appeal shall be extended to the next business day. The administratot's decision shall
become final at the next planning and enviranmental commission meeting (or in the
case of design related decision, the next design review board meeting) following the
administrator's decislon, unless the decision is called up and modified by the board
or commission. ,Such notice shall be accompanied by the name and addresses
(person's mailing and property's physical) of the appellant, applicant, property owner,
and adjacent property owners (the list of property owners within a condominium
projdct shall be satisfied by listing the addresses for the managing agent or the
board of directors of the condominium association) as wel/ as specific and articulate
reasons for the appeal on forms provided by the town. The filing of such notice of
appeal will require the administrative official whose decision is appealed, to forward
to the planning and environmental commission (or the design review board in the
case of design guidelines) at the next regularly scheduled meeting, a summary of all
records conceming the subject matter of the appeal and to send written notice to the
appellant, applicant, property owner, and adjacent property owners (notification
within a condominium project shall be satisfied by notifying the managing agent or
the board of directors of the condominium association) at least fifteen (1 5) calendar
days pior to the hearing. A hearing shall be scheduled to be heard before the
planning and environmental commission (or the design review board in the case of
design guidelines) on the appeal within thitty (30) calendar days of the appeal being
filed. The planning and environmental comrnission (orthe design reviewboard in the
case of desrgn guidelines) may grant a continuance ta allow the parties additional
time to obtain information. The continuance shall be allowed for a peiod not to
exceed an additional forty (40) calendar days. Failure to file such appeal shall
constitute a waiver of any ights under this title to appeal any interpretation or
determination made by an administrative official.
5. Findings: The planning and environmental commission (or the design review
board in the case of design guidelines) shall on all appeals make speciftc findings of
fact based directly on the particular evidence presented to it. These findings of fact
must support conclusions that the standards and conditions r'rnposed by the
requirements of this title have or have not been meL
Chapter 12-9, Special Development District (in part)
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW: Anv proposalto chanqe
uses,' rncrease gross residential floor area; change the number of dwelling or
accommodation units; modify, enlarge orexpand any approved special development
district (other than "minor amendments" as defined in this section), except as
provided under section 1 2-1 5-4, "lnterior Converslons'l or 12-1 5-5, 'Addrllonal Gross
Residential Floor Area (250 Ordinance)". of this title.
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission upholds the Community Development Department's denial
of a request for a private parking club operation in the absence of a development review
application for a major amendment to Special Development District # 4, Vail Cascade
Village, pursuant to Section '12-9A-10, Amendment Procedures, Vail Town Code.
Qtaff's reoorhmandptifi:is baseO r$gn the following findings and conclusions: ;
Li J"r't: cbrh#ianc€ \dthth8 parking ,"qrir"*"nt ;;i;fi',#o t", J#;;;i o;;; ;";;"*.
spaces on Level 3 of the parking structure at Cascade Village. To remove the parking
on Level 3 from the pool of parking provided to the uses yvithin Develppmept Area.,A '
would create a situation whiih viotates the approvals graiteO foFSpiCiAt.oeVdlopm'ent '
District lt4, Vall Cascade Village.
.i't ir j; , . i , .:i. r !: 5g_ i,,
2. Thatpursuanttoadoptedordinances, tal/spaces anLevel 3of theparkingsfructule.bg
. ::.t c: madg svailalla !89 g1gnqffil p4h.lia: andrihrb'leading of parldng spaoes to uses loebted
' within Development Area A is not a violation of said ordinances.
r. ".,.... . .
3. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town i"O-, ,it" appeltant
vil.
may file a development application with the Town of Vail Community Development
Department requesting an amendmentto Special Development District#4, Vail Cascade
Village, to allow for the inclusion of private parking club as a permitted or conditional use
in the District.
Should the Planning and Environmental Commission choose to uphold the Community
Development Department's denial of a request for a private parking club operation in the
absence of a development review application for a major amendment to Special
Development Districi # 4, Vail Cascade Village, pursuant to Section 12-94'-'10, Amendment
Procedures, Vail Town Code, staff recommends that the following finding is made as part of
a motion:
"That based directly upon the evidence and testimony presented the Commission
finds that compliance with the parking requirement established for Development
Area A requires spaces on Level 3 of the parking structure at Cascade Village. To
remove the parking on Level 3 from the pool of parking provided to the uses within
Development Area A would create a situation which violates the approvals granted
for Special Development District #4, Vail Cascade Village; and that pursuant to
adopted ordinances, '?// spaces on Level 3 of the parking structure be made
available the general public" and the leasing of parking spaces fo uses located within
Development Area A is not a violation of said ordinances; and that pursuant ta
Section 1794-10, Amendment Prccedures, Vail Town Code, the appellant mayfile a
development application with the Town of Vail Community Development Department
requesting an amendment to Special Development Distict#4, Vail Cascade Village,
to allow forthe inclusion of private parking club as a permitted or conditional use in
the Distict. Furthermore, the Commission finds that regardless of all oiher issues
and matters stated by the appellant, to allowthe proposed parking club use to occur
in the absence of an amendment to Special Development District #4 would be in
violation of the adopted requirements and procedures of Title 12, Zoning
Regulations, Vail Town Code."
ATTACHMENTS
A. Appellant's Appeal Application
B. Written correspondence
C. Public Notice
i lat *ffi:,:!f;,"*
^lZ5 o( l4q a 24.
fi+asa.uq Crra.'noe. !ill*1a Fot
.iD
,4.
Leqa- 3 morf pr+a-laisc, P?rria*vtaff fue. D6r.
Attachment: C
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on October
11, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for a site coverage variance, pursuant to Chapter 12-17,Variances, Vail Town Code,
to allow for a variance from Section 12-6D-9, Site Coverage, Vail Town Code, to allow for site
coverage in excess of 2lo/o of the total site area, located at 1936 West Gore Creek Drive/Lot 46,
Vail Village West Filing 2, and setting forth details in regard thereto.
Applicant:
Planner:
Michael R. Dantas represented by Mauriello Planning Group, Ltd.
Elisabeth Eckel
An appeal of an administrative action denying a request for a "basrness office" on the first floor or
street level of the Sitzmark Lodge, pursuant to Section 12-78-3, Permitted And Conditional Uses;
First Floor Or Street Level, Vail Town Code, located at 183 Gore Creek Drive/Lot A, Block 58, Vail
Village Filing 1, and setting forth details in regard thereto.Applicant: Bob Fritch, representing Jim Brandmeyer
Planner:Warren Campbell
A request for a recommendation to the Vail Town Council of a proposed text amendment to
Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71-
3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary
busrness offtbes" as a conditional use in the Lionshead Mixed Use 1 & 2 zone districts, and
setting forth details in regard thereto Applicant: Tom Braun, representing Vail Resorts, Inc.
Planner:George Ruiher
A request for a worksession to present various site plan alternatives for the proposed Vail
Conference Center, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1,
and setting forth details in regard thereto.
Applicant: Town of Vail
Planner:Russ Forrest
An appeal of an administrative action denying a request to 'se// skier parking passes" on Level 3,
Cascade Village Parking Structure, Development Area A, Special Development District No. 4,
pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at
1000 South Frontage Road, #3A/ail Cascade Village, and setting forth details in regard thereio.
Applicant: Vail Parking LLC, represented by Robert W. Oliva
Planner:George Ruther
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing lmpaired, for information.
Published, September 24,2OA4, in the Vail Daily.
From:
To:
Date:
Subject:
Amy,
Matt Mire
amy. west@durfeewest.com
09/30/2004 3:44:31 PM
PEC Appeal - continued
This correspondence will confirm our telephone conversations of today's date with regard to your client's
appeal of the Town of Vail Zoning Administrator's decision regarding Level 3 of the Cascade parking
structure., currently scheduled for October 11,2004.
More specifically, the subject appeal has been continued until October 25,2004, upon your request. lf
you have any questions about this, or anything else, please give me a call. Matt
J. Matthew Mire
Town Attorney
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Ph.970. 479-2107
Fx. 970 479-2157
mmire@vailgov.com
CONFIDENTIALITY NOTICE
This electronic mail transmission and any accompanying documents contain information belonging to the
sender which may be confidential and legally privileged. lf you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. lf you have received this e-mail in error, please notify me immediately by
telephone or e-mail and destroy the original message without making a copy. Thank you.
CG:Best, Mary Ann; Ruther, George
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October?5,2004
SUBJECT: An appeal of an administrative action denying a request to "setl skier parking
passes" (parking club) on Level 3, Cascade Village Parking Structure,
Development Area A, Special Development District No. 4, pursuant to the parking
provisions prescribed in Ordinance No. 41 , Series of 1991 , located at 1 000 South
Frontage Road, #3A/ail Cascade Village, and setting forth details in regard
thereto.
Appellant Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruther
I. SUBJECT PROPERry
The subject property is located at 1000 South Frontage Road, #3, Vail Cascade
Condominiums.
II, STANDING OF APPELLANT
The appellant, Robert Oliva, Vail Parking LLC., represented by Durfee West, P.C., has
standing to file an appeal as the owner of the property in question.
III. REQUIRED ACTION
The Town of Vail Planning and Environmental Commission shall uphold, overturn, or
modify the Community Development Department's denial of a request for a private
parking club operation in the absence of a developmenl review application for a major
amendment to Special Development District # 4,Vail Cascade Village, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code.
Pursuant to Sub-section 12-3-3-85, Appeal of Administrative Actions, Vail Town Code, the
Planning and Environmental Commission is required to make findings of fact in accordance
with the Vail Town Code:
"The planning and environmental commission (or the design review board in the
case of design guidelines) shall on all appeals make specific findings of fact hased
directly on the par'ticular evidence presented to it. These findings of fact must
support conclusionsthatthe standards and conditions imposed bythe requirements
of this fiAe have or have not been met."
A copy of the appellant's appeal application has been attached for reference (Attachment A).
tv.BACKGROUND
Numerous written letters of correspondence regarding this matter has been generated by
the Community Development Department. For purposes of providing background and a
basis of understanding, complete copies of the letters have been attached for reference
(Attachment B).
APPLICABLE REGULATIONS OF THE TOWN CODE
Chapter 12-3, Administration and Enforcement (in part)
Section 12-3-3:Appeals (in part):
"1 - Authoity: The planning and environmental commission shall have the authorityto
hear and decide appeals from any decision, determination or interpretation by any
town administrative official with respect to the provisions of this title and the
standards and procedures hereinafter set forth, except that appeals of any decision,
detennination or interpretation by any town administrative official with regard to a
design guideline shall be heard by the design review board.
2. lnitiation: An appeal may be initiated by an applicant, adjacent propefty owner, or
any aggrieved or adversely affected person from any order, decision, determination
or interpretation by any administrative official with respect to this title. "Aggrieved or
adversely affected person" means any personwhowill sufferan adverse effectto an
interest protected or fudhered by this title. The alleged adverse interest may be
shared in common with other members of the community at large, but shall exceed in
degree the general interest in community good shared by all persons. The
administrator shall determine the standing of an appellant, If the appellant objectsto
the administratofs determination of standing, the planning and environmental
commission (or the design review board in fhe case of design guidelines) shall, at a
meeting pior to hearing evidence on the appeal, make a determination as to the
standing of the appellant. lf the planning and environmental commission (or the
design review board in the case of design guidelines) determines that the appellant
does not have standing to bring an appeal, the appeal shall not be heard and the
original action or determination sfands.
3. Procedures: A wriften notice of appeal must be filed with the administrator orwith
the depaftment rendering the decision, determination or interpretation within twenty
(20) calendar days of the decision becoming final. lf the last day for filing an appeal
falls on a Saturday, Sunday, or a town obserued holiday, the last day for filing an
appeal shall be extended to the next business day. The administratols decision shall
become final at the next planning and environmental commission meeting (or in the
case of design related decision, the next design review board meeting) following the
administratols decision, unless fhe decision is called up and modified by the board
or commission. Such notice shall be accompanied by the name and addresses
(person's mailing and property's physical) of the appellant, applicant, property owner,
and adjacent property owners (the list of property owners within a condominium
project shall be satisfied by listing the addresses for the managing agent or the
board af directors of the condominium association) as well as spe cific and articulate
reasons for the appeal on forms provided by the town. The filing of such notice of
appeal will require the administrative official whose decision is appealed, to fonntard
v.
vt.
to the planning and environmental commissian (or the design review board in the
case of design guidelines) at the next regularly scheduled meeting, a summary of all
records conceming the subject mafter of the appeal and to send wiften notice to the
appellant, applicant, property owner, and adjacent property owners (notification
within a condominium project shall be satisfied by nottfying the managing agent or
the board of directors of the condominium association) at least fifteen (15) calendar
days prior to the hearing. A hearing shall be scheduled to be heard before the
planning and environmental commission (orthe design review board in the case of
design guidelines) on the appeal within thirty (30) calendar days of the appeal being
filed. The planning and environmental commission (orthe design review board in the
case of desrpn guidelines) may grant a continuance to allow the parties additional
time to obtain information. The continuance shall be allowed for a period not to
exceed an additional forty (40) calendar days. Failure to file such appeal shall
constitute a waiver of any ights under this title to appeal any interpretation or
determination made by an administrative official.
5. Findings: The planning and environmental commission (or the design review
board in the case of desrgn guidelines) shall on all appeals make specific findings of
fact based directly on the pafticular evidence presented to it. These findings of faet
must support conclusions that the standards and conditions imposed by the
requirements of this title have or have not been met.
Chapter 12-9, Special Development District (in part)
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW: Anv proposal to chanae
uses,' rncrease gross residential floor area; change the number of dwelling or
accommodation units; modify, enlarge orexpand any approved special development
distict (other than "minor amendmenfs" as defined in this section), except as
provided under section 1 2-1 5-4, "lnteior Convensions'i or 12-1 5-5, "Additional Gross
Residential Floor Area (250 Ordinance)", of this title.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission upholds the Community Development Department's denial
of a request for a private parking club operation in the absence of a development review
application for a major amendment to Special Development District # 4, Vail Cascade
Village, pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code.
Staffs recommendation is based upon the following findings and conclusions:
1. Compliance with the parking requirement established for DevelopmentArea A requires
spaces on Level 3 of the parking structure at Cascade Village. To remove the parking
on Level 3 from the pool of parking provided to the uses within Development Area A
would create a situation which viotates the approvals granted for Special Development
District #4, Vail Cascade Village.
2. That pursuant to adopted ordinances, 'all spaces on Level 3 ofthe parking structure be
made available the general public" and the leasing of parking spaces to uses located
within Development Area A is not a violation of said ordinances.
3. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, the appellant
may tile a development application with the Town of Vail Community Development
Department requesting an amendment to Special Development District #4, Vail Cascade
Village, to allow for the inclusion of private parking club as a permitted orconditional use
in the District.
Should the Planning and Environmental Commission choose to uphold the Community
Development Department's denial of a request for a private parking club operation in the
absence of a development review application for a major amendment to Special
Development District#4, Vail Cascade Village, pursuantto Section 12-94-10, Amendment
Procedures, Vail Town Code, staff recommends that the following finding is made as part of
a motion:
'That based directly upon the evidence and testimony presented the Commission
finds that compliance with the parking requirement established for Development
Area A requires spaces on Level 3 of the parking structure at Cascade Village. To
remove the parking on Level 3 from the pool of pafting provided to the uses within
Development Area A would create a situation which violates the approvals granted
for Special Development District #4, Vail Cascade Village; and that pursuant to
adopted ordinances, "all spaces on Level 3 of the parking structure be made
available the general public" and the leasing of parking spaces fo use s located within
Development Area A is not a violation of said ordinances; and that pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, the appellant may file a
development application with the Town of VailCommunity DevelopmentDepartment
requesting an amendmentto Special Development Distict#4, Vail Cascade Village,
to allow forthe inclusion of pivate parking club as a permifted or conditional use in
the District. Furthermore, the Commission finds that regardless of all ofher issues
and matters stated by the appellant, to allow the proposed parking club use to occur
in the absence of an amendment to Special Development District lt4 would be in
violation of the adopted requirements and procedures of Title 12, Zoning
Regulations, Vail Town Code."
vil.ATTACHMENTS
Appellant's Appeal Apptication
Written conespondence
Public Notice
A.
B.
c.
Sep-03-04 03:06pm Ftom-I0frl,l 0F llA|L C0$,|UNilY DEVEL0PIIEI'iI 9704ts2452 I-844 P 00?/005 F-l16
Attachment: A
Appeals Form
R EC EIV EB
a Department of Communily Development
75 South Frontage Road., Vail, Colorado 81657
tel: 970.479.2L39 fax: 97A.479.2452
web; www.vailgov.com
General fnformaUon:
This form is required for filing an appeal of a Staff, Design Review Board. or planning and Environmental
Commission action/decision, A complete form and associated requirernents must be submitted to the
Community Development Department within twenty (20) calendar days of the disputed action/decision.
Action/Decision being appealed:Decision t.haL Applicant may not selI
skier parkj-nq passes, and three "conclu€io4s of law" (detailed in
Submittal Rdquirement No. 2J that wer
decis
Dateof Action/ Decision:Letler dated 8-18-04; Final as of B-23-04
Board or Staff person rendering action/decision:Warren Campbell
Does this appeal involve a specific parcel of land? (yes) ffi
If yes, are you an adjacent property owner? fygp} (no)
Nameof Appetlant(s); Vail Parking LLC
P.O. Box 27004L Littleton, CoJ-orado 80Lz't Mailing Addrersr
Physical Address in Vait:1000 South
Legal Description of Appellant(s)Subdivision: Vail Cascade - -nIT-3--
! Lot:
<.-- c
Concio.
nppellant(s) Signature(s)r,
. v aa\-FarKang Llu Dy }(oDerE w.
(Atbch a list of signatures if more space is required).
Su bmittal Requirements:1. On a separate sheet or separate sheets of paper, pmvide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, speciry Lhe precise nature of the appeal. Please
cite speciflc code sections having relevance to the action being appealect.3. Provide a list oF names and addresses (both mailing and physical addresses in Vail) of all owners of
property who are the subject of the appeal and all adjacent property owners (including owners
whose propefies are sepamted Frorn the subjed property by a right-of-way, stream, or other
intewening barrier).4. Provide stamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALI SUBM1TTAL REQUIREMENTS TO:
TOWN OF VAIL, DEPAPJMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
phone: 97 0-37 6-17 85
Frontage Road #3, Vailf'
Phnner:
F JUsBrs\cdev\FORMS\APPLIC\AppeEls.doc
Appeals Form-Vail Parking LLC
Submittal Requireme,rt 1
Provide a detailed explanation ofhow you are an itaggrieved or adversely
affected person.rl
1. Applicant is the owner of the property that is the subject of the letter (a
copy of which is attached hereto as Exhibit A) setting forttr the decisions to which
Applicant objects; therefore Applicant is, by definitiorq adversely affected by the
decision. Only people who are not the owner of the affected property or an adjacent
property owner are required by the Ordinance to show that they are "aggrieved or
adversely affected"
2. The decisions limit Applicant's private property rights, and depress the
value of the Properry.
3. Applicant has a vested right to use the Properfy subject only to restrictions
of record and duly-adopted Ordinances of the Town of Vail. No published or recorded
statutes, ordinances, deed restrictions, regulations, orothermatters ofrecordprohibit
Applicant from selling parking passes to skiers using its parking facility or require that
the parking facility be "available at all times to the general public." Applicant has been
told that it faces potential criminal sanctions if Applicant were to use the Property in a
manner consistent with public parking structures operated by the Town of Vail or even if
access to the parking is temporarily blocked due to malfunction of the gates (caused by
parkers vandalizing or misusing the gates). These consequences would be adverse to
Applicant.
Appeals Form-Vail Parking LLC
Submittal Requirement 2
SpeciS the precise nature of t.he appeal. Please cite specifrc code ordinances
having relevance to the action being appealed.
1. Applicant met with Warren Campbell and Matt Mire to discuss a proposed
parking pass program for the Property to be used during ski season for some of the
parking spaces in the Property (which is Level 3 of the Vail Cascade Parking Structure)-
No change of use of the Property was being proposed. Applicant did not ask for a
variance from the requirements set forth in the condominium Declaration for the
Property or ask for an amendment or variance of sDD No. 4. Applicant did not apply for
a conditional Use Permit. warren campbell wrote the letter attiihed as Exhibit A.
Town Attomey Matt Mire indicated to Applicant's counsel that this letter constituted a
binding determination as to the use of the property, and that any action taken by
Applicant that was contrary to the statements in the letter could subject the Applicant to
criminal prosecution.
2. Mr. campbell'sletterisdatedAugust 18,2004. Thedecisionbecamefinal
asofthePlanningandEnvironmentalCommissionmeetingofAugust 23,2a04. Inthe
Ietter, Warren Campbell made t}te following statemenrs:
(a) "Staffdoes not believe that the first come/first serve intention of required
parking is satisfied with the creation of individual leases for parking spaces."
(b) 'SDD #4 Conditional Uses does not list ?rivate clubs and civic. cultural and
fratemal organizations'which would allow gold pass/parking club if the pEC granted
CUP approval."
(c) "It is the Town's opinion that all spaces on level 3 must be available to the
general public."
Appticant is appealing all three of those conclusions and determinations. on
the grounds set forth below:
3- The Property is zoned "Special Development District" under Section 12-
9A of the Vail Mrmicipal Code.
4. There is no legal requirement that the property be available on a "first
come/first serve" basis. when Applicanfs counsel asked Matt Mire to provide
documentation of that requirement, she was told that it is set forth in anattomey-cliant
privileged memorandum in the Plaruring Deparhnent's file for the Property and that it was
not available for inspection.
5. Purzuant to sDD No. 4 (ordinance No. 8, series of 1995, as amended by
ordinance No. 23, series of 1998), parking spaces in the vail Cascade parking structure
meet the parking requirement calculation for the other properties in ,'Area A." "cbartz,
Area A," on page 10 of ordinance No. 23, indicates that the total number of parking
spaces required for Area A is 37 | .2, and that the total number of spaces in the Cascade
Parking structure is 421.0.
6. SDD No. 4 does not address pricing for the parking, nor would it be
appropriate for the zoning ordfuumce for the property to do so. The only provision in
SDD No. 4 that relates directly to Level 3 says that it may not be used toiatisft the
parking requirement for various residential uses il Area A.
7, In the past, the Property was subject to a Master Lease with the Vail
cascade Hotel, which then sublet spaces to other users (the theater, restaurant, and
Colorado Mountain College.) Later, tlose 4 users had individual leases with the then-
owner of the space. Now some of them have ora[, month-to-month teases with Applicant
that allow their customers to use parking spaces without having to pay for pmking
-
themselves.
8. Level 3 is subject to a special restriction under the Condominium
Declaration for the Property. The exact language of the parking restriction is: ',Between
the hours of 8:00 a.m. and 4:30 p.m. on each day that vail Mountain is open for skiing by
the general public, at least 125 spaces located on unit 3 shall be reserved for use by G -
public for vehicular parking on such terms and conditions as the ouryer of unit 3 mav
irnpose provided that the fees charged for such parking shall not exceed the parking fees
charged from time to time by the Town vail for municipaily-owned conered parking
spaces" (emphasis added). Applicant's charges to pass holders would not be in excess of
what the Town charges, and the program is specifically for public parking while vail
Mountain is open for public skiing. Passes would be offered to the public at large, on a
non-discriminatory basis. Thus, the parking pass progmm would comply with the two
restrictions imposed by the Condominium Declaration.
9. With respect to offsite parking, the Town Council has the authority to
require "such legal instruments as it deems necessary to erurne unified operation and
control ofjoint parking facilities or to ensure the continuation ofsuch facilities, including
evidence of ownership, long-terrr lease, or easement" (Vail Municipal code $12-10-6).
The Condominium Declaration contains the restriction quoted in section 8 above, and the
Declaration carmot be modified without the Town's approval, sopresumably the Town
placed all the restrictions on the Property that it deemed necessary. Applicant's rights in
the Property are vested at this time. Any Town action in derogation of those rights would
be a taking, and would be subject to the constitutional requirement ofjust compensation.
10. The only restriction on what Applicant charges for parking for the
Property is that charges during ski season while the lifts axe nrffdng may not exceed. what
Town charges. The public parking stucture operated by the Town of Vail is subject to a
parking pass program. If the Town's public parking stmcture can have a pass program,
then so can Applicant's privately-owned parking facility.
1 l. Applicant did not ask for a conditional use permit for a private club or
civic, cultural or fratemal organization. This determination (as set forth in section 2(b)
above) by stalf is not relevant to the issue at hand. Applicant has no intention of using
the Property for this purpose. The proposed skier parking pass progrEm is a use by right,
and does not require a CUP or any other kind of permit.
12. Applicant is not seeking to change the use of the Properfy. Commercial
properties in Area A axe a "natural market" for Applicant, and the owners of such
properties need the Property to satisff their requirements for parking. Applicant has done
nothing to prevent customers and clients of the sp4 the hotel, the restaurant, or the movie
theater from using the parking. Selling passes to skiers would likewise not be a change
ofuse or involve the creation ofa club or civic or fratenral organizatioq or any oth€r use
not permitted in SDD No. 4.
13. The Property has historically been leased to users whose intention in
leasing spaces is that tlteir customers and meurbers, not the general public, have priority
use of the space on Level 3. These leases would be "humped" by the requirement of
keeping 125 spaces available to the public while the ski lifts are running. The statement
that 'all spaces on Level 3 must be available to the public" is not only incorrect and
misleading, but it is also contrary to the historic uses of this Property. Applying this
standard rigorously would actually prevent Area A commercial users from leasing space
in the Property for their clients, members, and customers. That is surely not an intended
result of this interpretation.
14. Restrictions on use of private property must be definite, and standards
must be ascertainable. The restrictions that appear ofrecord that affect this Property
meet that test. The reshictions in the Plarming Departrnent's files, and in the minds of
individual planners, do not. Applicant has a right to use its Property in a marurer
consistent with all legal requirernents and restrictions ofrecord, and not to be subjected to
additional requirernents and standards that cannot be ascertained from exarnining public
records.
L6. For the reasons set forth above, Applicant requests that the Planning and
Environmeirtal Commission:
(a) Confimr that there is no "first come/first se,rve" rule goveming the use of the
Property.
(b) Confirm that a parking pass program for skier parking is permissible so long
as it is sold to the "public" and not through a non-public mechanism, such as a "club" or
some other preferential system, and so long as Applicant does not charge more than the
Town of Vail charges for municipally-owned parking structures.
(c) Confirm that there is no legal requirement that "all spaces on Level 3 be
available to the general public" and that, except for the requirement that 125 spaces be
made available to the public during ski season from 8:00 a.m. to 4:30 p.m., Applicant is
free to enter into parking leases with owners of commercial uses in Area A of SDD No.4,
or, ifApplicant chooses, to charge a daily parking rate to all persons parking on the
Property and not have leases with such commercial users.
(d) Confirm that parking is a use by right for the Property, and that the only
reskiction on what Applicant charges for parking is set forth in the Condominium
Declaration.
4
Appeals Form-Vail Parking LLC
Submittal Requirement 3
Provide a list of names and addresses (both maillng and physical addresses in
Vail) of all owners of property who are the subject of the appeal and all adjacent
property owners (including owners whose properties are scparated from the subject
property by a right-of-way, stream, or other intervening barrier).*
Owner of Prooertv Subject to this Apoeal:
Vail Parking LLC
P.O. Box 270041
Littleton, Colorado 80127 -004I
Vail Parking LLC
1000 South Frontage Road, Unit 3
Vail, Colorado 81657
(Condominium Unit #3)
Adjacent Properfy Owners:
Parking Garage:
L-O Vail Holding Inc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
LO Vail Holding Inc.
1000 South Frontage Road, Unit I
Vail, Colorado 81657
(Parking Level l)
L-O Vail Holding Inc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
L-O Vail Holding Inc.
1000 South Frontage Road, Unit 2
Vail, Colorado 81657
(Parking Level2)
Cascade Club LTD
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
Cascade Club LTD
1000 South Frontage Road, Unit 4
Vail, Colorado 81657
(Parking Level4)
Westhaven (the "Ruins")
MIRUS, LLC
c/o'WN Management
P.O. Box 7270
Avon, Colorado 81620
MIRUS, LLC
1000 W. Frontage Road
Vail, Colorado 81657
Westhaven/Cascade LLC
c/o Jerald L. Wuhrman
P.O. Box 3098
Tequesta, Florida 33469-0098
Westhaven/Cascade LLC
1000 W. Frontage Road
Vail, Colorado 81657
Plaza- & Terrace Site
L-O Vail Holding Inc.
c/o Deloitte & Touche LLP
5550 LBJ Freeway Suite 700
Dallas, Texas 75240
L-O Vail Holding krc.
1000 West Frontage Road
Plaza and Terrace
Vail, Colorado 81657
Liftside Condominiums
Tim Albrecht, Managing Agent
Lift side Condominium Association
1234 Westhaven Drive
Vail, Colorado 81657
Liftside Condominium Association Inc.
1234 Westhaven Drive
Vail, Colorado 81657
Vail Cascade Condominiums
Registered Agent for Liftside Condominium Assosiation
Attention: Don Maclachlan
1476 WesthavEn Drive
Vail, Colorado 81657
Colorado Mountain Condominiums
Colorado Mountain Condominiums
W. Thomas Saalfeld, Managing Ageirt ,
62 East Meadow Drive
Vail, Colorado 81657
Colorado Mountain Condominiums
1310 Westhaven Drive Unit Sl0l
Vail, Colorado 81657
Colorado Mountain Condominiums
W. Thomas Saalfeld, ManagingAgent
c/o CMC Building
Atteirtion Julie Grimm
1000 S. Frontage Road West
Vail, Colorado 81657
Colorado Mountain Condominiums Residential
Asssociation
c / o Y ul Cascade Condominiums
Attention Don Maclachlan
1476 Westhaven Drive
Vail, Colorado 81657
Colorado Mountain College Foundation
P.O. Box 1763
Glenwood Springs, Colorado 81602
Colorado Mountain College Foundation
13l0 Westhaven Drive Unit 3401
Vail, Colorado 81657
Millrace
" Millrace Condominium Association
Attention: Julie Grimm, Managing Agent
1000 So. Frontage Road West
Vail, Colorado 81657
Millrace Condomininrn Association
1476 .Westhaven Drive, Unit I
Vail, Colorado 81657
ttCornerstonett
L-O Westhaven Inc.
c/o Deloitte & Touche LLP
555 17th Skeet Suite 3600
Denver, Colorado 80202
L-O Westhaven Inc.
"Comerstone Property"
1276 Westhaven Drive
Vail, Colorado 81657
L-O Westhaven Inc.
c/o Vail Cascade Condominiums
Attention Don Maclachlan
1476 Westhaven Drive
Vail, Colorado 81657
*$12-3-383 provides that "the list of property owners within a condominium project shall
be satisfied by listing the addresses for the managing agent or the board of directors of
tlre condominium association. "
EXHIBIT A
TUIIt\r0FI/,{II
Department of Communi4t D*elopment
75 South Frcntage Road
Yail, Colorado 81657
970479-2138
FAX 970-479-2452
www.vailgou.com
Rocky Mountain Commercial Real Estale Corporation
FILE ilOP
August 18,2004
c/o Robert Oliva
2121 N. Frontage Road West
Vail, CO 81657
Re: Cascade parking structure level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Mr. Oliva,
This fetter is being sent as a follow-up lo our meeting on August 4, 2004, at which you described to
myself, Clare Sloan, and Matt Mire, your desires for the recenlly purchased Level 3 of the Cascade parking stru_cture- Ttre following plragraphs of this letter detail the history that was discovered by statf regarding Special Development.Dislrict 4 (SDD #4) and more specilically the Cascade pirt<ing
structure. The paragraphs also detail statf's position on the permitted use ani operation of Leiel 3 oJ the Cascade parking slructure. l
In a letter dated June 3, 1992 from lftistan Pritz, the Town's opinion regarding Level 3 of Cascade
Parking Structure is stated as, "...1t is the town's opinion that level 3 must be avJlable for parking. The Town of Vail does not believe there would be a violation of the parking provisions of Ordinance trio. +1,Series of '1991, should an owner of the Cascade Parkirq Stnicture ctioose to lease the parking to a facility in AreL A pursuant to the required parking altocated to that facility as set forth in the chart...".(Attachment A)
Level 3 is permitted to lease spacgq for the commercial uses in Area A of SDD #4 to meet the required parking on the site. The owner of Level 3 would like to create a'Bold pass" program for the general
public to lease 24 spaces- Staff does not believe that the Rrst comdfi'rst serve intention of rfouired
qarking is salisfied with the crealion of individual leases for parking spaces. Staff has delermined the "gold pass" concept to be a similar use to a "parking ctuO". SOO #4 Conditional Uses does not list "Private clubs and civic, cullural and fratemal organiiations" which 'rrrould allow the gold pass/parking
club. if the PEC granted CUP approval. lt is the tbwn's opinion that all spaces on-Levdl g must oe available to the general public. The owner does have an ability to charge for the parking.
A lown council member mentioned concern about required parking when the Aria Spa was approved in 2001. The amendment to the Cascade SDD for ttie spa was ininor and the st;ff meTnd does not mention parking forthe spa (Attachment B). The minutesforthe 4-9-01 PEC (Attachment C) reflect the p*.k!ng concem, which prompted a parking management plan. The plan demonstrates a surplus of parking (Attachment D). l
970-479-2148_
, Attachments: A. Letterto Fred Green dated June 3, 1992
B. Letterto Randy Linberg, PEC, and adjacent properly owners dated 3-28-01
C. PEC Minutes from April 4,2001
D. Parking Management Plan dated April23,2001
Gc: File
Matt Mire, Town Attomey
eir Campbell
Attachment B rfLI c$Fy
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
Gateway Land and Development
c,/o John Nichols
34215 US Highway Six
POBox1777
Edwards, CO 81632
January 23,2004
Re: Cascade parking structure level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
A
Mr. Nichols,
This letter is being sent as a follow-up to our conversation on January 20,2004 at the front counter of
the Community Development Department. In that conversation you asked what could be done with the
parking on level three of the parking structure which serves as the parking for several retail
establishments. I have performed research of the legal file and discussed this question with several
staff members and found that the approval of SDD 4, Cascade Village, included the parking structure in
question. That parking slructure is to provide parking to the hotel and retail establishments within Area
A of SDD 4. lf the parking on level three were to change ownership, lhe parking would still be needed
to meet the required parking for the establishments within Area A as approved by the adoplion of SDD
4. To remove the parking on level three from the pool of parking provided to the establishments within
Area A would create a siluation which would violate the inilial approval of SDD 4.
Please review these comments and if you have any questions regarding this letter please conlact me at
479-2148.
With regards,
ilau^
Warren Campbell
Planner ll
Cc:File
f,np ^^"'"'uo 'u'"*
FtUoop
TOITIIOF I/AIL
Department of Community Development
75 South Frontage Road
Tail, Colorado 81657
970-479-21i8
FLY 970-479-24s2
www.vailgov.com
August 18,2004
Rocky Mountain Commercial Real Estate Corporation
c/o Robert Oliva
2121 N. Frontage Road West
Vail, CO 81657
Re: Cascade parking struclure level 3 located at 1295 Weethaven Drive SDD 4, Cascade Village, Area
A
Mr. Oliva,
This letter is being sent as a follow-up to our meeting on August 4, 2004, at which you described to
myself, Clare Sloan, and Matt Mire, your desires for the recently purchased Level 3 of the Cascade
parking struclure. The lollowing paragraphs of this letter detail the history lhat was discovered by staff
regarding Special Development District 4 (SDD #4) and more specifically the Cascade parking
structure. The paragraphs also detail staff's position on the permitted use and operation of Level 3 of
the Cascade parking structure.
In a letter dated June 3, 1992 from Kristan Pritz, the Town's opinion regarding Level 3 of Cascade
Parking Structure is stated as, "...11 is the town's opinion that level 3 musl be available for parking. The
Town of Vail does not believe there would be a violation of the parking provisions of Ordinance No. 41 ,
Series of 1991, should an owner of the Cascade Parking Structure choose to lease the parking to a
facility in Area A pursuant to the required parking allocated to that facility as set forth in the chart...".
(Attachment A)
Level 3 is permitted to lease spaces for the commercial uses in Area A ol SDD #4 to meet the required
parking on the site. The owner of Level 3 would like to create a "gold pass" program for the general
public to lease 24 spaces. Staff does not believe that the first come/first serve inlention of required
parking is satisfied with the creation of individual leases for parking spaces. Staff has determined the
"gold pass" concept lo be a similar use to a "parking club". SDD #4 Conditional Uses does not list
"Private clubs and civic, cultural and fraternal organizations" which would allow the gold pass/parking
club if the PEC granted CUP approval. lt is the town's opinion that all spaces on Level 3 must be
available to the general public. The owner does have an ability to charge for the parking.
A town council member mentioned concern about required parking when the Aria Spa was approved in
2001 . The amendment to the Cascade SDD for the spa was minor and the staff memo does not
mention parking for the spa (Attachment B). The minutes for the 4-9-01 PEC (Attachment C) reflect the
parking concern, which prompted a parking management plan. The plan demonstrates a surplus of
parking (Attachment D). I
{p ^r"".tuo -""n
-"*$
" ri, d% 1'1 '.
-: ..j "i ' i Yta
[:; r&{'
;il:
Pleas'e review these comments and if you have any questions regarding this letter please contact me at
970-479-2148.
Senior Planner
Attachments: A. Letter to Fred Green dated June 3, 1992
B. Letter to Randy Linberg, PEC, and adjacent property owners dated 3-28-01
C. PEC Minutes from April 4,2001
D. Parking Management Plan dated April 23, 2001
Cc: File
Matt Mire, Town Attorney
FIt[ f;ffipY
75 Soutb Frontage Road
Vail, Colorado 81657
3 03 -47 9 -2 I 3 I / 47 9 -21 1 9
June 3, 1992
D ep|.rtnent of Community Detselopment
Mr. Fred Green
P. O. Box 1308
Vail. CO 81658
Dear Fred:
Wearewritingwiththeintenttotryandclarifytheparkingsituation|orAreaAwithinCascade
viltage, special oeveropmeni otrtii.t No. 4. Afte; iruie*ing ordinance No- 41, Series of
1991, for SDD No. +-CascaAe Village and alsothe Oondoriinium Declarations for Cascade
Ctub Condominiums wit[liiry itf*itt', Town Attorney, it is the Town's position that:
ThefacilitiesandusesforAreaAasspecifiedinordinanceNo.4l,seriesofl99l'
have a right lo p;;i., the cascade village Parking Structure in accordance with
sections .1g.46.180 parking and Loading'ano sectLn 18.46.103 Development Statistics
for Area A, cascade Village, and Area D';il Lyon C^omme.rcial Site ol Ordinance No'
41, Series of 19a1. li is t6e Town's opinion inat ievel g must be. available for parking'
The Town of Vail does not believe tnere'wouiJOe a violation of the parking
'provisions
oi Ordinance No. 41 , Series ol 1991' should an owner oJ the Cascade Parking
Structure choose to lease parking to a f""ifity in Area A put:Y1t to the required
parking ailocatei io tn"tlri.ifitv a-s set forih in tne cnart on Page 10 in section
18.46.103ofordinanceNo.4.|,Seriesof1991.|nreviewingtheCondominium
Declarations for Cascade Club Condominiums, it is also Larry Eslcrrith's opinion that
the SDD Ordinance is not superseded by this document'
I have enclosed a copy of Ordinance No' 41 ' Series of 1991 ' for your use' This document
stipulates the development stanaaros to' CascJiJiinage- W" y'uld !" happy to meet with
vou in an attempt to come to a solution wfrictr woufO be-acceptable for alt of the facilities
ffi;];;;;; i ot tnr soo as well as the rown of Vail'
. .r*3
i .., ,- r.. j ,*q .' 'ti
Mr. Fred Green
June 3, 1992
Page 2
l hope this letter has been helpful to you. Should you have any further questions, please feel
free to call me at 479-2138 and I will be happy to discuss this issue with you.
Sincerely,
Sr'f^ flir
Kristan Pritz
Communiiy Development Director
cc: Ron Phillips, TOV
Larry Eskwith, TOV
I
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
March 28, 2001
Randy Linberg
1300 Westhaven Dr.
Vail, CO 81657
and
Planning and Environmental Commission
and
Adjacent Property Owners
Re: A request for a minor amendment to Speciat Development District No. 4 to allow for
the convension of an existing indoor tennis facility into a spa,
Dear Randy, PEG members, and adjacent property owners:
Based upon review of the criteria and findings in Section 12-9A of the Vail Town Code, staff finds
the above referenced amendment to Special Development District No. 4 is approved in accordance
with the procedures as identified in Section 12-9A-10 of the Vail Town Code, subjectto thefollowing
condition:
1. That no loading and delivery is permitted on the north side of the building.
Staffs approval of this minor special development district amendment will be reported at a public
hearing before the Town of Vail Planning and Environmental Commission on Monday, April 9'n at
2:00 p.m. in the Vail Town Council Chambers, located at 75 S. Frontage Rd. The Planning and
Environmental Commission reservestherightto"call up"astaff decisionforadditional reviewatthis
hearing.
I. DESCRIPTION OF THE REQUEST
The applicant, L-O Vail Hotel Inc., requested a minor amendment to Special Development
District No. 4, Cascade Village, to allow for the conversion of one existing indoor tennis court
into additional spa facilities, located at 1295 Westhaven Dr. The exisiing spa and club
facilities are approximately 78,000 sq. ft. The conversion of the tennis court into a spa
involves no major exterior and expands the existing'spa to 8,077 sq. ft. of the total facility.
The existing spa uses encompass approximately 3,000 sq. ft. of the total facility. Reductions
of the remodel have been attached for reference.
{plr"r.""o,n'u
A "minor amendmenf is defined as:
il.
Madifications to building plans, site or landscape plans that do not alter the basrb
intent and characterof the approved special development distict, and are consistent
with the design criteia of this Chapter. Minor amendments may include, but not be
limited to, variations of not more than five feet (5') to approved setbacks and/or
building footprints; changes to tandscape or site ptans that do not adversety impact
pedestian or vehicular circulation throughout the special development distict; or
changes fo gross floor area (excluding residential uses) of not more than five
percent (5%o) of the approved square footage of retail, office, common areas and
other nonresidential floor area, except as provided under Sections 12-1 *4 (nterior
Conversions) or 12-1*5 (250 Additional GRFA) of this Title.
CRITERIAAND FINDINGS
A. Section 12-9A-2l. MinorAmendment (staff review): modifications to building
plans that do not alter the basic intent and character of the approved special
development district and are consistent with the design criteria of this
Chapter.
Special Development District No. 4 includes the existing Cascade Club and Spa,
which is approximately 78,000 sq. ft. This is a proposal to convert one of the existing
tennis courts within the club into additional spa. Staff finds that approval of this
proposal does not alter the basic intent and character of Special Development
District No. 4, which currently allows these uses. As stated above, no loading and
delivery will be allowed on the north side of the building. Exterior modifications are
minor, including the addition of doors and mechanical vents to the northern
elevation.
B. Section 12-9A-10: Minor modifications consistent with the design criteria
outlined in subsection 12-9A-2 may be approved by the Department of
Gommunity Development. Notification of a proposed minoramendmentand a
report of staff action shall be provided to all property owners within or
adjacent to the district that may be affected by the amendment. Notification
shall be postmarked no later than 5 day following staff action on the
amendment and shall include a brief statementdescribing the amendmentand
the time and date of when the Planning and Environmental Commission will be
informed of the stafi decision-
As noted above, staff finds thatthe amendment is consistentwith the design criteria
outlinedundersubsectionl2-94-2. Notificationofthehearingandasummaryofthe
proposal will be provided to all adjacent property owners within 5 days of today's
date. Staffs approval of the request will be reported to the Planning and
Environmental Commission on April gil', 2001.
PBOCEpURE
Section 12-9 of the Town Code provides the procedure for a minor amendment to a Special
Development District, The procedure is as follows:
1 2-94-1 0 : AM EN D M E NI PROCEDURFS:A. Minor Amendments:
1. Minor modifications consisfenf with the design criteria outlined in
subsecflon 12-94-2 (definition of "minar amendment") of this Article, may
I[.
be approved by the Department of Community Development. All minor
modifications shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and filed by the
Department of Comm unity Development.
2. Notiftcation of a proposed minor amendment, and a report of staff action
of said request, shall be provided to all property owners within or
adjacent to the special development district that may be affected by the
amendment. Affected properties shall be as determined by the
Depaftment of Community Development. Notifications shall be
postmarked no later than five (5) days following staff action on the
amendment reguest and shall include a bief statement describing the
amendment and the time and date of when the Planning and
Environmental Commission will be informed of the staff decision. ln all
casesthe repofttothe Planning and Environmental Commission shall be
made within fwenty (20) days from the date of the sfaffs declsron on the
reguested amendment.3. Appeals of staff decrslons may be filed by adjacent property owners,
owners of property within the special development district, the applicant,
Planning and Environmental Commission members or members of the
Town Council as outlined in Section 12-3-3 of this Title.
Pursuant to Section 12-9A-10, Vail Town Code, appeals of staff decisions may be filed by adjacent
property owners, owners of property within the special development district, the applicant, Planning
and Environmental Commission members or members of the Town Council as outlined in Section
12-3-3 of the Town of Vail Zoning Regulations. Should
hesitate to contact me at 970-479-2369.
Sincerely,
you have any questions, please do not
Allison Ochs
Planner ll
Attachments: reduction of the proposal
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING MINUTES
Monday, April 9, 2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELGOME
Approved 4/23101
12:00 pm
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
John Schofield
Brian Doyon
Doug Cahill
Dick Cleveland
Site Visits :
MEMBERS ABSENT
Diane Golden
1:00 pm
1. Ferry residence - 1001 Eagle's Nest Circle 2. Mill Creek Court - 303 Gore Creek Drive 3. Donovan Park - Intersection of Matterhorn Circle and S. Frontage Road
Driver: George
NOTE: lf the PEC hearing e)itends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 pm
1. Swearing in of reappointed PEC members John Schofield, Doug Cahill and Chas Bernhardt
and appointed PEC member Dick Cleveland. - Lorelei Donaldson, Town Clerk.
2' Erection of 2001 fiEh:lStfjj'311"n",*
Marriott Discussion
George Ruther presented the situation of the Marriott's Design Revierrv application and the recent
appeal by the Vail Spa Condominium Association. An appeal of an application stays all activity in
relation to the project, unless the stay of such activity will present an imminent peril to the property
or persons. As the Marriott was substantially damaged by the fire earlier this year, staff has
determined that a stay of the application would present an imminent peril to the property.
Staff is recommending that the PEC uphold the staff decision that the application not be stayed, in
accordance with the Town Code. A letter has been submitted by the Vail Spa, stating that notice is
required for this type of action.
Tom Moorhead, Town Attorney, stated that notice is not required for this action. John Schofield
asked if the applicant had standing. Tom Moorhead stated that whether or not the applicant has
standing, the administrator has the ability to make this finding. Galen Aasland asked about the
notice that has been given to the Vail Spa. Dick Cleveland asked about the deflnition of "imminent
peril." Tom Moorhead stated the applicant for the Marriott will speak to that. Henry Praft presented
the existing conditions of the Marriott, including the status of steel beams which are supporting the
Approved 4/23/01
entire east half of the structure, which cannot be fixed without a building permit.
John Schofield questioned what the effect of a large spring snowfall would have on the safeg of the
structure. Henry Pratt stated that the current structure would be in danger with a large heavy
snowfall.
Doug Cahill stated that he supported the staff decision.
John Schofield stated that he believed the current status of the building, should the application be
stayed, was an imminent peril, and believed that expediting the reconstruction would be a benefit to
the health, safety, and welfare of the community.
Dick Cleveland also stated that he supported the administrator's decision and recognized that
mitigation of the safety hazard was necessary.
Chas Bernhardt stated that he believed that the PEC's role was to ensure the health, safety, and
welfare of the community and he agreed with the administrator's decision.
Galen Aasland asked about the process.
John Schofield moved to uphold the staff decision that the Marriott did not constitute a major
exterior alteration. George Ruther clarified that that was not the decision being made today.
John Schofield struck his motion and moved to uphold the finding of the administrator that staying
the design review application of the Marriott would present an imminent peril to the property.
3. Report of a staff action on a minor amendment to the Golden Peak Development Plan, to
allow for the addition of a skier tunnel, located at 490 Vail Valley Driveffract B, Vail Village
7s Filing.
Applicant Vail Resorts
Planner: Brent Wilson
STAFF APPROVED
Brent Wilson presented an overview of the staff approval and explained that this was an
administrative procedure. Galen Aasland asked for public comment. No public comment was
given.
4. Report of a staff action on a minor amendment to Special Development District #4, to allow
for the conversion of an existing indoor tennis court to a spa, located at 1295 Westhaven
Drive/Cascade Village, Development Area A.
Applicant: L-O Vail Hotel Inc.
Planner: Allison Ochs
STAFF APPROVED
Allison Ochs presented an overview of the staff memorandum and findings.
Brian Doyon and John Schofield stated they had concerns about the parking provisions on site and
wanted to call this item up for PEC review.
Allison Ochs stated the proposal met the town code requirements and SDD #4 requirements for
parking.
John Schofield moved to call the item up for review. Brian Doyon seconded. The motion was
approved unanimously.
Gary Fries, General Manager of the resort and club, spoke to the issue of parking and spaces that
had been used for temporary storage. He stated that issue would be resolved asap and that all
parking spaces would become available.
Approved 4n3101
Galen Aasland inquired about the use of the 'ruins' site for employee parking.
Gary Fries stated there was no correlation between the club operations and the use of the ruins
site.
John Schofield asked if the overflow situation was indicative of insufficient parking for the club
operations.
Gary Fries stated there was sufficient parking, pursuant to town code, for all uses on the site.
Brian Doyon stated he wanted to see the parking requirement matrix for the Cascade SDD. He
inquired about the need for construction storage on the site if there were no current construction
activities on the site.
John Schofield stated the conditions were identical 2 years ago when the application for the car
rental agency was submitted.
Allison Ochs asked if the PEC would consider a condition requiring staff inspection of parking to
ensure compliance, prior to building permit issuance.
Galen Aasland stated his main concern was overflow parking along the frontage road and he
wanted to make sure the applicant was put on notice that the current parking situation was
unacceptable and needed immediate improvement.
Gary Fries stated the Town's policy of not charging for parking along the frontage road was the
major contributor to the frontage road parking problem.
Dick Cleveland stated he might approve the application with a condition that all spaces not currently
used for parking would be returned to usable parking spaces.
Chas Bernhardt stated he wanted to see an improved safety and circulation plan for the property.
Galen Aasland asked if the applicant would like to table or receive a final vote on the application.
Chas Bernhardt asked Allison if the site met the parking regulations, regardless of this change.
Allison Ochs said, "yes" and that no new floor area would be added with this application.
John Schofield moved to table the item to the next PEC meeting, pending receipt of a parking
management plan.
Brian Doyon seconded.
There was no action on this motion.
Chas Bernhardt stated he agreed with staff that this application met the code requirements. He
said he'd rather approve it with a condition that staff verified all required parking spa.ces were
physically available, or the project would be "red tagged."
John Schofield amended his motion to affirm the staff approval, with the conditions that all parking
spaces become available and that a parking management plan be submitted for PEC review at the
next meeting and that if these conditions were not met, the building permit would be revoked.
Brian Doyon amended his second of the previous motion.
The motion passed unanimously 6-0.
Doug Cahill left the meeting at 3:20 p.m.
Approved 4tZ3t01
5. A request for a conditional use permit, to allow for a Type ll Employee Housing Unit, located
at 0097 A&B Rockledge Road/Lots 34 & 38, Block 7, Vail Village 1" Filing.
Applicant: Bennett & Jacquie Donance, represented by Resort Design Collaborative Planner: Allison Ochs
Allison Ochs presented an overview of the staff memorandum.
Jay Peterson, representing the applicant, had nothing to add.
Dick Cleveland had nothing to add.
Brian Doyon had nothing to add.
John Schofield questioned the use of stacked parking.
Jay Peterson assured the Commission that this EHU would be used.
Galen Aasland believed the application complied with zoning.
John Schofield moved to approve the request, pursuant to the staff memo.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-0.
6. A request for a variance from Section 12-6D-6, Town of Vail Code, to allow for an addition in
the front setback, located at 1001 Eagle's Nest Circle/Lot 1, Block 6, Vail Village 7In Filing.
Applicant: Kathleen Ferry, represented by RKD Architects Planner: Brent Wilson
Brent Wilson presented an overview of the staff memorandum.
Sally Brainerd presented the survey of the property, and stated that there were conflicting lLCs.
Chas Bernhardt asked if there was any public input.
Brian Doyon stated that as a non-conforming building, he believed that a variance was warranted
and he did not see a grant of special privilege. He identified concerns about the conflicting survey
and stated that as long as the improvements were directly above the existing foundation, he was
satisfied with the request.
John Schofield stated that he believed this met the criteria for a variance. He also stated that an
updated ILC should be required.
Chas Bernhardt agreed.
John Schofield made a motion for approval, in accordance with the staff memorandum with an ' added condition that the setback shall be no less than 18'.
Brian Doyon seconded the motion.
The motion passed by a vote of 4-0 (Aasland abstained).
7. A request for a worksession to discuss the rezoning of the Mill Creek Court Building fiom
CCI to a zone district or special development district that would allow office and residential
uses on the street level, located at 303 Gore Creek Drive/Lot 1 , Block 5A, Vail Village 1"'
Filino.
Approved 4/23/01
Applicant: Mill Creek Court Condominium Association, represented by Larry Eskwith
Planner: Allison Ochs
John Schofleld made a motion to table this until the next meeting.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 5-0.
8. A request for a recommendation to the Vail Town Council on the adoption of the Eagle
Valley Regional Trails Plan.
Applicant Eagle County Regional Transportation Authority, Town of Vail
Planner: Brent Wilson
Brent Wilson presented an overview of the Eagle Valley Regional Trails Plan. He stated that the
Town Council had given direction to adopt this plan as any other master plan. He also indicated
that a large portion of the Trails plan dealt with property outside of the Town of Vail boundariqs.
Gregg Barrie, representing the Town, reviewed the Town's plan for certain trails within the Town.
John Schofield stated some specific concerns with the plans for Vail Valley Drive and particular
defi nitions and standards.
Dick Cleveland stated that he was one of the authors of the Eagle Valley Regional Trails Plan.
Brian Doyon stated his expertise in this field and stated his concerns about safety regarding trails.
He said his motto for physical activity is "do it safe or don't do it all!" He also emphasized that small
kids have very little control and need guard rails.
Chas Bernhardt stated his agreement with John and Dick.
Galen Aasland sympathized with Brian and emphasized his concern for children's safety. He also
stated his beliefs that the Town should be getting money back from the county to improve the Town
trail system.
John Schofield made a motion for recommendation of approval, pursuant to the findings in the staff
memorandum with a request to forward all PEC comments to the Town Council and the Eagle
County Regional Transportation authority.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 5-0.
9. A request for a final review of a conditional use permit, to allow for the construction of Phase
I of Donovan Park improvements, generally located southeast of the intersection of
Matterhorn Circle and the South Frontage Road.
Applicant: Town of Vail Planner: George Ruther
George Ruther provided an overview of the staff memorandum and an update of the most recent
developments with the project.
Galen Aasland added that the development standards proposed for the project were slightly greater
than what's allowed under residential zoning, but significantly less than what was allowed under
more intense commercial zone districts. He stated the project would provide a substantial
communitv benefit.
Approved 4/23101
Otis Odell (consultant) provided a graphic description and "walk through' of the proposal.
John Schofield stated he had concerns about the snow accumulating along the glass at the lower
portions of the building.
Brian Doyon stated he had concerns about the eave heights of the restrooms and children climbing
up on the roof.
Chas Bernhardt stated he didn't think the cold roof would function as proposed.
Otis Odell explained the eave heights and the design of the cold roofs.
Chas Bernhardt stated, with significant snow on the roof it would not vent properly and it needed to
be redesigned.
The PEC inquired about winter maintenance of the pathways and roads around the pavilion
including snow storage.
John Schofield asked if the soccer field was sized properly to consider use of an ice bubble in the
winter.
Todd Oppenheimer said the site was not being considered as a potential location for the bubble
and that there was not enough space for an ice dome.
Brian Doyon asked how many parking spaces would be lost due to temporary snow storage needs
in the winter.
Otis Odell stated approximately 33 spaces.
Dick Cleveland stated his concerns about the size of the pavilion and the parking it would generate.
Otis Odell presented ERA's parking generation study for the site and the uses proposed. He stated
there was not sufficient parking allocated to handle peak user periods for each independent use
and that a management plan would address the scheduling of the facility in an effort to manage
parking supply and demand.
George Ruther stated these issues would be addressed in the operation and management plan
that was being prepared for the Town Council by ERA.
Brian Doyon requested a copy of the management plan for the site and stated there was insufficient
snow storage on site. He alsq stated concern with snow shedding from the roofs. Brian stated an
appropriate building height was 33 feet. He also stated the loading and delivery areas needed
some more aesthetic improvements.
Chas Bernhardt also had concerns with the view of loading and delivery upon arrival to the site. He
atso thought structured parking would have been a better solution. He reiterated his concern about
the cold roof venting, but stated he didn't want to slow the project down. He recommended the
outstanding items be addressed as the project moves fonryard.
John Schofield stated there was insufficient information to move forward on the item today. He had
specific concerns with site coverage and impervious surfaces. John agreed witfi Chas on loading
and delivery and recommended it be relocated. He had specific concerns about the number of
parking spaces and a lack of snow storage. He thought it was short-sighted to prevent two events
from being scheduled at one time due to parking constraints. He reiterated his concern about
having snow up against glass on the pavilion. He thought too much was being programmed for
such a small space.
i
Approved 4l23l11 l
I
Galen Aasland stated a parking structure would have been preferable. He thought a management
plan needed to be submitted for review as part of the conditional use permit request. He also
voiced a concern about the number of parking spaces and snow storage. He also had concerns
about the view of the loading/delivery area upon arrival. He also expressed concerns about the
drainage of water upon condensers and other equipment. He suggested setting a development
standard that the trash and mechanical areas would be covered with an integrated roof. He
suggested a one-way parking circulation system with straight parking spaces. He said the town
should be held to the same standards as a private developer. Galen inquired about the amount of
impervious surface. He stated the height proposed was appropriate for the site and the type of
uses proposed and that neighbors'views would not be negatively impacted. Galen stated he
thought there needed to be screening between the pavilion and the soccer field.
Ethan Moore explained the amount of impervious area proposed. He stated 21.3% of the site
would be a non-permeable surface.
Chas Bernhardt added that the PEC did not intend to "beat up" the applicant, but it wanted to
ensure the project was the best it could be. He recommended the parking surface area remain the
same size, but that it be btructured to add additional parking spaces.
Dick Cleveland asked about exterior lighting and how the neighbors would be impacted.
Otis Odell showed an exterior lighting plan for the property and explained the fixtures would have
shields and would be mounted at a low height to avoid bleed over into adjacent properties.
George Ruther recommended that the PEC approve the application with conditions to address any
outstanding concerns.
Chas Bernhardt moved to approve the application, pursuant to the findings and the conditions in
the staff memo, with the following additional condition:
1. That the applicant submits revised plans to the Community Development
Department for the review and approval of the PEC on April 23, 2001 , for the
following items:
:l|;lfim*;}**fifrfu*:j:
There was no second to the motion.
Brian Doyon stated he would support the motion if it contained a condition limiting the building
height to 33 feet.
George Ruther stated the height could be reduced to 33 feet.
Russ Forrest asked for a formal vote on the project today.
John Schofield stated he would vote against the project.
Dick Cleveland stated he didn't think all of the criteria for review of a conditional use permit had
been addressed at this point and would not vote in favor of the project at this time.
Chas Bernhardt amended his previous motion to include a provision that the building height be
reduced to 33 feet.
Approved 4l23l11
Brian Doyon seconded.
George read again the amended motion for the record.
The motion carried 3-2 (Cleveland and Schofield opposed).
10. A request for the review of a proposed text amendment to Chapter 11, Design Review, of
the Zoning Regulations to allow for procedural changes to the performance bond process
as prescribed in the Vail Town Code.
Applicant Town of Vail
Planner: George Ruther
Brian Doyon made a motion to table this item until April 23, 2001.
John Schofield seconded the motion.
The motion passed unanimously.
11. A final review of a request for a recommendation to the Town Council for a rezoning from
Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to
create two residential lots and a request for a recommendation to the Town Council for an
amendment to the Vail Land Use Plan, changing the land use designation from
Public/Semi-
Public use to Low Density Residential, located at 3160 Booth Falls Road/Part of Lot 12,
Block 2, Vail Village 12'n Filing.
Applicant Boothfalls Homeowner's Association, represented by Braun Associates, Inc.
Planner: Russell Forrest
TABLED UNTIL APRIL 23,2OO1
12. Approval of March 26,2OQ1 minutes
John Schofield made a motion to approve the amended minutes.
Brian Doyon seconded the motion.
The motion passed by a vote of 3-0-2, with Bernhardt and Cleveland abstaining.
13. Information Update
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign fanguage interprelation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
Hearing lmpaired, for information.
Community Development Department
Jo
hn moved
to
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
April23,200'1
A request for a final review of a proposed parking management plan, located at
1295 Westhaven Drive/Cascade Village, Development Area A.
Applicant L-O Vail Hotel Inc.Planner: Allison Ochs
il.
DESCRIPTION OF THE REQUEST
At the April 9,2001, Planning and Environmental Commission meeting, the applicant
received an approval for a minor amendment to Special Development District #4 (Cascade
Village) to convert an existing tennis court into additional spa forthe Cascade Spa and Club.
The Planning and Environmental Commission expressed a concern regarding the parking
situation at the Cascade, specifically regarding the parking structure. The Planning and
Environmental Commission requested a parking management plan and additional
information regarding the existing situation at the structure. The proposed parking
management plan for the Cascade is attached. To summarize, the applicant agrees to
maintain all 416 spaces as parking spaces unless approval is received from the Town of
Vail. In addition, the applicant agrees to utilize an automated system for parking
management in the three levels of the parking structure. This system will be installed no
later than November 16, 2001 .
PREVIOUS APPROVALS
The use of the tennis courts for special events was approved on December 28, 1998. The
approval allowed special events as an accessory use in Special Development District #4.
Originally the applicant's request was primarily for the 1 999 World Alpine Ski Championships
for use of the tennis facilities as the major press facility. However, cosily building
improvements were required so to justify the expenditures, the applicant requested that the
tennis courts also be used for other types of special events. The applicant estimated that
the facilities would be used for special events approximately 6 to I times per year. The
approval discussed the parking situation, describing special events as accessory to the
hotel, and that no additional parking would be required. The applicant also indicated that a
shuttle would be run between the Cascade and any other accommodations the events'
attendees may be situated at.
The operation of a transportation business was approved as a conditional use on November
23, 1998. Thrifty car rental is run out of an existing office within the Cascade Hotel, and a
maximum of 12 cars is stored on site within the parking structure.
ilt,PARKING ANALYSIS
Ordinance 23, Series of 1998, was the most recent amendment to Special Development
District #4. (Ordinance 1, Series of 1999 added the car rental and special events as uses,
but did not amend any of the body of the SDD). lt provides a table of the completed projects
and the parking associated with each project. According to Ordinance 23, parking in the
structure is assessed according to the following:
Cascade Hotel (hotel, restaurant. retail, etc.
CMC Buildinq (theater, classrooms, etc.
Total Required Less 17.5% Mixed Use credit
Remainin
1999 Car Rental Aoproval
flLt c0Py
D ep artment of Aommunity D evelopmen:t
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
August 31,2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver, CO 80218-1124
Re: Cascade parking slructure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Mllage, Area
Ms. Durfee West
Thank you for your correspondence daled August 26, 2004. After reviewing your letier, the
Town of Vail's position remains unchanged with regard to the use and operation of Level 3 of the
Cascade parking structure as detailed in my letter of August 18, 2004. Please also be advised that the
deadline to appeal staff's determination in this matter is rapidly approaching, as set forth in Section 12-
3-3 of the Vail Town Code.
On another note, it has been brought to my attention that on several occasions police officials
have visited Level 3 of the Cascade parking structure and have found the access to be blocked or
closed. Apparently, attempts were made to find an individual on-site to correct the situation, but there
was no one in attendance. Staff would like to remind you that the parking must be made available to
the general public at all times. Failure to comply with this requirement may result in criminal sanctions.
Thank you in advance for your continued cooperation in this matter. lf you should have any
questions regarding this letter please contact me at 970-479-2148.
Wlh reOards,
4iJu.'tt tn
Warren Campbell
Senior Planner
Cc:File
Matt Mire, Town Attorney
f,tp ot.r.uo rnrn
'Dunrnr .'WEST
IIIIIII'TI IIIIITTI
LEGAL COUNSEL
Amy Durfee West
Attomry
phone 303.831.9500
fax 303.832.6947
amy.west@durfeewes t. com
Durfee r0fest PC.
Franklin Sreet Legal Suires
1763 Franllin Street
De nver, Colorado 80218-1124
www.durfeewest.com
August 26,2004
Warren Campbell, Senior Planner
Town of Vail Department of Community Development
75 SouthFrontageRoad
Vail. Colorado 81657
Re: Your letter of August 18,2004 to Bob Oliva
concerning Vail Cascade Parking Structure Level 3
DearMr. Campbell:
We represent Vail Parking LLC, the owner of Level 3 of the Vail Cascade
Parking structure located at 1295 Westhaven Drive. In your letter of August I 8, 2004
you state that "Staff does not believe that the first come/first serve intention of required
parking is satisfied wift the creation ofindividual leases for parking spacos. Staffhas
determined the 'gold pass' concept to be a similar use to a 'parking club.'. . . All spaces on
level 3mustbeavailable.tothegeneralpublic." .j' ,i ,,
: ' The purpose of this letter is twofold. The firstpurpose is to ask you'to reconsider
your inter-pr€tation. Vail Parking LLC does not intend to create a "private club, civic,
cultural, or fratemal organizationi' or to lease individual parking spaces. Rather, the
program that Bob Oliva was discussing in the meeting of August 4,2004 was to offer to
members of the public at large the opportunity to obtain a "season pass" for parking. A
pass holder wouldn't get a particular space with the pass, nor would any spaces be
reseryed exclusively to pass hotders. Pass holders would just get the right to have a space
kept open if they called ahead that moming or the night before to say they were coming.
The exact language of the parking restricticn sst forth in the condominium
declarafion is: "Between the hours of 8:00 a.m. and 4:30 p.m. on each day that Vail
Mountain is open for skiing by the general public, at least 125 spaces located on Unit 3
shall be reserved for use by the public for vehicular p arking on such terms and conditions
as the Owner of Unit 3 may impose provided that the fees charged for such parking shall
not exceed the parking fees charged from time to time by the Town Vail for municipally-
owned covered parking spaces" (emphasis added) Charges to pass holders would not be
in excess of what the Town charges, and the program is specifically for skier parking
while Vail Mountain is open for public skiing: There is nothing in the SDD that
addresses these issues, and the Planning Departrnent has specifically said that there rnay
be a fee charged for parking. The only provision applicable specifically to Unit 3 in the
SDD just says the parking spaces on Unit 3 can't be used to satisff the residential parking
requirements in Cascade Village. Since the proposed pass program (a) is available to:the
public, (b) is not exclusive orprivate, and (c) wouldprovide at least 125 skierparking
,, Letter to Warren Campbell
August 26,2004
page2
spaces per day during ski season for no greater cost to users than parking in Town-owned
public parking, it would be in compliance with all applicable covenants, rules and
regulations for unit 3, and we therefore respectfully request that you reconsider your
interpretation.
If you do not choose to modify your interpretation, then the second purpose of
this letter is to give you notice of intent to appeal to the Planning and Environmental
Commission the Staff interpretation as set forth in the August l8 letter.
Very truly yours,
Durfee West P.C.
Amy Durfee West
cc; Matt Mire, Town Attomey
Bob Oliva
r,[t c0Py
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
September 13,2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver, CO 80218-1124
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Village, Area
Ms. Durfee West
Thank you for your correspondence daled September 7,2004. In that letter you ask staff to
produce the location and documentation which states that "Level 3 of the parking must be available at
all times for the general public." There is no stalement in any document that I am aware of that states
the above sentence. However, Chapter 12-10, Off Street Parking and Loading, Vail Town Code,
discusses the requirements of parking for differing land uses. As I am sure you are aware, different
land uses require differing parking requirements and standards. When a use generates a required
parking need the parking is lo be used for that parlicular use. The parking structure at the Cascade
,including Level 3, was to support the land uses conslructed in Subarea A of Special Development
District No.4. Level 3 must be made available to the general public utilizing the uses the structure was
intended to serve. ln this case one of those uses was skier parking in addition to the uses in the
adjacenl struclures.
Thank you in advance for your continued cooperation in this matter. lf you should have any
questions regarding this lelter please contact me at970-479-2148.
Withreoards. ^ A nl rr- lt rlJl)
U)U\W tdtry^,f!,,r/l
Warren Campbell I
Senior Planner
Cc: File
Matt Mire, Town Attorney
f,-p ^""t",uo 'n"uo
Attachment: C
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on October
11,2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for a site coverage variance, pursuant to Chapter 12-17,Variances, Vail Town Code,
to allow for a variance from Section 12-6D-9, Site Coverage, Vail Town Code, to allow for site
coverage in excess of 20o/o of the total site area, located at 1936 West Gore Creek Drive/Lot 46,
Vail Village West Filing 2, and setting forth details in regard thereto.Applicant Michael R. Dantas represented by Mauriello Planning Group, Ltd.Planner; Elisabeth Eckel
An appeal of an administrative action denying a request for a "buslnes s office" onthe first floor or
street level of the Sitzmark Lodge, pursuant to Section 12-78-3, Permitted And Conditional Uses;
First Floor Or Street Level, Vail Town Code, located at 183 Gore Creek Drive/Lot A, Block 58, Vail
Village Filing 1, and setting forth details in regard thereto.Applicant Bob Fritch, representing Jim Brandmeyer Planner: Warren Campbell
A request for a recommendation to the Vail Town Council of a proposed text amendment to
Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, and Section 12-71-
3, Permitted and Conditional Uses; First Floor Street Level, Vail Town Code, to add "temporary
busrness offlces"as a conditional use in the Lionshead Mixed Use 1 &2zone districts, and
setting fo(h details in regard thereto.
Applicant: Tom Braun, representing Vail Resorts, Inc.Planner: George Ruther
A request for a worksession to present various site plan alternatives for the proposed Vail
Conference Center, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1,
and setting forth details in regard thereto.
Applicant: Town of Vail Planner: Russ Forrest
An appeaf of an administrative action denying a request to "se// skier parking passes" on Level 3,
Cascade Village Parking Structure, Development Area A, Special Development District No. 4,
pursuant to the parking provisions prescribed in Ordinance No. 41, Series of 1991, located at
1000 South Frontage Road, #3A/ail Cascade Village, and setting forth details in regard thereto.
Applicant Vail Parking LLC, represented by Robert W. Oliva Planner: George Ruther
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 foradditional
information.
Sign language interpretation is available upon request with 24-hour notification. Please Call
(97O) 479-2356, Telephone for the Hearing lmpaired, for information.
Published, September 24 ,2004, in the Vail Daily.
From: Matt Mire To: amy.west@durfeewest.com Date: 09/3012004 3:44:31 pM
Subject: PEC Appeal - continued
Amy,
This correspondence will confirm our telephone conversations of today's date with regard to your client's
appeal of the Town of Vail Zoning Administrator's decision regarding Level 3 of the Cascade parking
structure, currently scheduled for October 11, 2004.
More specifically, the subjectappeal has been continued until October 25,2004, upon your request. lf
you have any questions about this, or anything else, please give me a call. Matt
J. Mafthew Mire
Town Attorney
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Ph.970. 479-2107
Fx. 970.479-2157
mmire@vailgov.com
CONFIDENTIALITY NOTICE
This electronic mail transmission and any accompanying documents contain information belonging to the
sender which may be confidential and legally privileged. lf you are not the intended recipient of this e-mail,
you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments
thereto, is strictly prohibited. lf you have received this e-mail in error, please notify me immediately by
telephone or e-mail and destroy the original message without making a copy. Thank you.
CG: Best, Mary Ann; Ruther, George
I
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
September 13,2004
Durfee West P.C.
c/o Amy Durfee West
Franklin Street Legal Suites
1763 Franklin Street
Denver. CO80218-1124
Re: Cascade parking structure Level 3 located at 1295 Westhaven Drive SDD 4, Cascade Mllage, Area
A
Ms. Durfee West
Thank you for your correspondence dated September 7, 2004. In that letter you ask staff to
produce the location and documentation which stales that "Level 3 of the parking must be avaihble at
all times for the general public.' There is no statement in any document that I am aware of that states
the above sentence. However, Chapter 12-10, Ott Street Parking and Loading, Vail Town Code,
discusses the requirements of parking for differing land uses. As I am sure you are aware, different
land uses require differing parking requirements and standards. When a use generates a required
parking need the parking is to be used for that particular use. The parking structure at the Cascade
,including Level 3, was to support the land uses constructed in Subarea A of Special Development
District No.4, Level 3 must be made available to lhe general public utilizing the uses the structure was
intended to serve. In this case one of those uses was skier parking in addition to the uses in the
adjacent structures.
Thank you in advance for your continued cooperation in this mafter. lf you should have any
questions regarding this lefter please contact me at 970-479-2148.
Wfh;esards,
'i,();^n-11a
Wanen Campbell
Senior Planner
Cc: File
Matt Mire, Town Attomey
{p ^""r"r"o rrr"
SEP. JO7' O4 (TUE} 11:28 FRANI(LIN LEGAL $U IT[
Se,pteurber 7,2004
lVarr€ilt CamPbell, Senior Plamer
Town of Vaii Deparmenr of Comrnunity Development
75 South Fmntagc Road
Vail, Colorado 81657
, Re: CascadeParking Structure kvel3
I Deadline forAPpeal
TEL:303-832-694i P,002
AnY Dut&c llcrr
Anney
phonc 303.fi31.9500
fru'tot-t32,5r47
rrny,rv$redurlicrrrmr'com
Drrrfcc Vc* F.C.
Franklin Srrccr Lgal Suit*
1763 Frrnldin Strcer
Denvcr, Coloreda 80218"1 124
wwwdurfccwsr.com
l
Dear ivanen:
rni! is to cofirrr my voice mail meseage to you on Fri{ry, septeurber 3, 2004' I
upp*oi"tu Vo" r*Ai"e mE ihc Appealsform; lowever, the dead-line is aotually one wcek
#;bd"y; and uot to-clay, as priitateO in the fax you surt me Friday a,fiernoon.
Tte ordinsoce Eeys tbat the appeal Dust be filed within 20 days afier tbs decision
becomes finaL Thc ordinance proviaee tnat tho deoision becomEs final at the nst
-uuting of the Plmning and Envirormental CommiEslsr after the administrator's
decisiJn. A.ccording to the Toum of Vail webgite, tb€ PEC meets $e ftst and fourth
Monilays of eve'ry month, ltre next meetiug afrer prr Augttgt lq hrcr would harre bem
L-srFi23, ;a tli"zo ervr 1*r out m Sunday, Sept'mber 12, which is altomatically
*lE&"4 tl rr*a"v, Sepianbor 13. I teft a voice mail messsgs to that effect with Mau
Mirehhis munin*t-
one thing we need to preparE tbe appeal or, indes4 to decide whether or Iot to
appaal, it tlr" *fr"! ordinence, Oeea rafuiidon or sther document tbet says that tcvel3
ot111 i*fing Stucture must [e available at all times to the general public. I have read
and re-read ti'e SDD, the Condorninipur Declaration, aad the zoning code and parking
ordfuianoes, aud I bave not been able to find this. Kindly givc me the appro'prioto oite or,
evsnbette(, seod me a copy of the applicable restriction'
Very tuly Yours,
Durfee West P.C.
,{"ryV>,-h u}"*-AmyDurfee West
cF:ldattMire, Esq.
Bob Oliva
sEP, :oi' o4 (TUE) I t:27
/
FRAl|l(LIN IIGAL SUITE TEL r 303- 8 32- 694 7 P, 001
qffihH Durfee West P.C.
Frarktin Stsr*t Legal Suitet
l?63 Franklh Sfro€t
Deovw, Colorado 80218
phqre 303'831.9500 ' &r( 303.832.6947
Fn>TTNNXSMISSION
lb: Wanpn Campbell Floln Amy Dudee Wost
F s7o479.246,2 Fag|.|: 2
DIc g//Ii0/]Fhcne s70479-2148
Gcr MattMle. Esq. 970479€157 Rr
l1
E uqent E Forlovbur
18 Decision
tr plcerr Gonnncnt tr Plos. naFB/tr Floronrcrclr
a Go|nml||tlr
Thc ilfrrtrsrio! coDtaiD€d ir rhi. facsinile taDrmissiou is oorsdenfiat infrrnuion oad msy be legally privilcgcd or
p-"tr-.trd **f-p*dllci urdor appliceble law. Ttig infometiou is inteudcil solely for tbe use of th! F€rsor ot pelsoDF
n$n'd abovo. ryo11 are lot tho uaurd recipiot af,d ar€ noi ardtoriz!6 ro lspeivs this infonuation oa be'hrlf of &e named
,""-hi*i.r - "g.ot
* .ryfovor, ti;-yor1 r* urrrty
"9tified
thrt you heve received this traoemisaioo iE €mor afil that
rly;*igw, a*c[nue, rdyi"!, ; ditrimlmtion of,
'or tbc talciog oimy s51ilu in r€liagc! upoq fte infotudion conbined
tn
'ttrb faceigile r""*itri* i" fontidden by the ecdrr rnd nayle ilegal, If, you Llvo roceivcd this frcsimile in erru,
plcase call us mll€ot at 303.831.9500 to anaage for tte re[tm of lhb corryletc tssnsuission at orr apcnso. Thank you'-fi
I
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
April23,2001
A request for a final review of a proposed parking management plan, located at
1295 Westhaven Drive/Cascade Village, Development Area A.
Applicant: L-O Vail Hotel Inc.
Planner: Allison Ochs
il.
DESCRIPTION OF THE REQUEST
At the April 9, 2001, Planning and Environmental Commission meeting, the applicant
received an approval for a minor amendment to Special Development District #4 (Cascade
Vil6ge) to convert an existing tennis court into additional spa for the Cascade Spa and Club.
The-P6nning and Environmlntal Commission expressed a concern regarding the parking
situation at the Cascade, specifically regarding the parking structure. The Planning and
Environmental Commission regueited a pirking management plan and additional
information regarding the existing situation at the structure. The proposed parking
management p-tan for the Cascade is attached. To summarize, the applicant agrees to
maintiin all 4i6 spaces as parking spaces unless approval is received from the Town of
Vail. In addition, the applicant-agrees to utilize an automated system for parking
management in the three levels of the parking structure. This system will be installed no
later than November 16, 2001 .
PREVIOUS APPROVALS
The use of the tennis courts for special events was approved on December 28' 1998' The
approval allowed special events as an accessory use in Special Develo-pment District #4'
Originally the applicant's request was primarily forihe 1999 World Alpine Ski Championships
for-use-of the'tennis facilities as ihe maJor press facility. However, costly buiHing
improvements were required so to justify the expenditures, the applicant requested that the
tennis courts also be used for othir gp-es of special events. The applicant estimated that
the facilities would be used for special events approximately 6 to 8 times per year. The
approval discussed the parking situation, describing special eve.nts as accessory to the
hoiel, and that no additional pa-rking would be required. The applicant also indicated that
a shuttle would be run between thiCascade and any other accommodations the events'
attendees may be situated at.
The operation of a transportation business was approved as a conditional use on November
23, 1dgg. Thrifty car rental is run out of an exisiing office within the Cascade Hotel, and a
maximum of 12 cars is stored on site within the parking structure'
PARKING A,NALYSIS
ordinance 23, Series of 1998, was the most recent amendment to special Development
District#4. (ordinancel,seriesof lgggaddedthecarrental andspecial eventsasuses'
Oui OiJ not amend any ot ifte-OoJy of the SDD). lt provides a table of the completed prgje,cts
and the parking associateJ with each projecl According to Ordinance 23' parking in the
structure is assessed according to the following:
Plazal (rooms, retai
Plaza ll (rooms
Less 17.5% Mixed Use Credit
12-10-1
SECTION:
12-10- 1: Purpose
12-10- 2: Applicability
12-10- 3: Existing Facilities
12-10- 4: Additions Or Changes
12-10- 5: Construction And Maintenance
12-10- 6: Parking; Off-Site And Joint
Facilities
12-1Q- 7: Standards; Authority To Adjust
''|2-10- 8: Parking Standards (Rep' by Ord'
22(1ess) $ 4)
12-10- 9: Loading Standards
12-10-'1 0: Parking Requirements
Schedules
12-10=11: Parking Schedule Applicability
12-10-12: Credit For Multipte'Use Parking
Facilities
12-10-13: Loading Requirements Schedule
12-10-14: Loading Schedule Applicability
12-10-'l 5: Credit For Multiple-Use Loading
Facilities
12-10-16: Exempt Areas; Parking Fund
Established
12-'lO-17:- Leasing Of Parking Spaces
12-10-18: Variances
12-10-19: Core Areas ldentified
12-10-20: Special Review Provisions
12-10-1: PURPOSE: In order to alleviate
progressively or to prevent trattic
congestion and shortage of on-street park-
ing areas, off-street parking and loading
facilities shall be provided incidental 10 new
structures, enlargements of existing struc-
tures or a conversion to a new use which
requires additional parking under this chap-
ter. The number of parking spaces and
CHAPTE;10
QFF.STREET PARKING AND LOADING
loading berths prescribed in this chapter
shall be in proportion to the need for such
facilities crealed by the particular type of
use. Off-street parking and loading areas
are to be designed, maintained and operat-
ed in a manner that will ensure their useful-
ness, protecl the p-ublic safety, and, where
appropriate, insulate surrounding land uses
from their impact. In certain districts, all or
a portion ol the parking spaces prescribed
by this chapter are required to be within the
main building in order to avoid or to mini-
mize the adverse visual impact of large
concentrations or exposed parking and ol
separate garage or carport structures. (Ord'
26(1982) $1: Ord. 19(1976) $12: Ord.
8(1e73)$ 14.100)
12-10-2: APPLICABILITY: Off-street
parking and loading sPace shall
be provided for any new building, for any
addition or enlargement of an existing build-
ing or for any cQnversion of uses which
requires additional parking under this chap-
ter. (Ord. 26(1982) $ 2: Ord' 19(1976) $ 12:
Ord. 8(1973) $ 14.200)
12-10-3: EXISTING FACILITIES: Oft-
street parking and loading facili-
lies used for off-street parking and loading
on the effective date hereof shall not be
reduced in capacity to less than the number
of spaces prescribed in this chapter, or
reduced in area or number to less than the
minimum standards prescribed in this chap-
ter. (Ord. 26(1982) $ 3: Ord' 19(1976) $ 12:
ord. 8(1973) $ 14.201)
12-10-3
December 2000
Toun of VaiI
12-'t0-9
B. Size: Each required loading berth
shall be not less than twelve feet (12')
wide, twenty five feet (25') long, and if
enclosed and/or covered, fourteen
feet (14') high. Adequate turning and
maneuvering space shall be provided
within the lot lines.
12-10-10
Access: Accessways not less than ten
feet (10') or more than twentY feet
(20') in width shall connect all loading
berths to a street or alleY. Such
accessways maY coincide with
accessways to parking facilities. (Ord.
26(1e82) $ 5: Ord.8(1e73) $ 14'502)
12-10-1 0: pARKING REQUIREMENTS SCHEDULES: Off-street parking requirements shall
be delermined in accordance with the following schedules:
A. Schedule A applies to properties within Vail's "Commercial Core Areas" (as defined on
the town of Vaii core area parking maps I and ll, incorporated by reference and available
for inspection in the office of the town clerk):
Dwelling unit
Parkino Requirements
1.4 spaces per dwelling unit
Accommodation unit (includes time- 0.7 spaces per accommodation unit
share units, fractional fee units, and
other forms of interval ownership units)
c.
Use
Hotels wilh conference facilities or
meeting rooms
Banks and financial institutions
Eating and drinking establishments
Medical and dental olfices
Other professional and business offices
Retail stores, personal services and
repair shops
0.7 spaces per accommodation unit, plus 1.0
space per 330 square feet of seating floor
area devoted to conference facilities or
meeting rooms
3.7 spaces per 1,000 square feet of net floor
area
1.0 space per 25Q square f.eet of seating
floor area; minimum of 2 sPaces
2.7 spaces per 1,000 square leel of net floor
area
2.7 spaces per 1,OOO square feei of net floor
area
Recreational facilities, public or private Parking requirements to be determined. by
the planning and environmental commission
2.3 spaces per 1,000 square feet of net floor
area
Town of Vail
December 2000
12-10-10 1 2-10-1 2
Use Paikinq Reouirements
Recreational facilities, public or private Parking requirements to be determined by
the planning and environmental commission
Fletail stores, personal services and 1 space per each 300 square feet of net
repair shops floor area
Theaters, meeting rooms, convenlion 1 space per 120 square feet of seating floor
tacilities area
Any use not listed Parking requiremenls to be determined by
the planning and environmental commission
(Ord.9(2000) $ 2: Ord.26(1982) $ 6:Ord.8(1973)$ 14.601)
12-10-11: pARKING SCHEDULE APPLI- Total Requirement Permitted Reduction
CABILITY: Where fractional Determined Per To Determine Multiple
requirements result from application of the Section !2-10-10 Use Parkinq Flequjrement
schedule, the fraction shall be raised to lhe
next whole number. (ord. 50(1978) S 10) 1 to 100 spaces No reduction
1z-10-1p:cREDIT FoR MULTT'LE-''E
101 to 200 spaces 2'5 percent
PARKING FACILITIES: WhErE 201 tO 3OO SPACES 5.0 PCTCCNT
a single parking facility serves more than
one use, the total parking requirement for 301 to 400 spaces 7'5 percent
all uses may be reduced in accordance with 4n.t ro 500 sDaces
the foilowing schedute: 401 to 500 spaces 10'0 percent
501 to 600 spaces 12'5 Percent
601 to 700 spaces 15'0 Percent
701 to 800 spaces 17.5 Percent
801 to 900 spaces 20'0 Percent
901 to 1,000 spaces 22'5 Percent
Over 1,000 spaces 25.0 Percent
(ord. 8(1973) $ 14.603)
Town of Vail
December 2000
12-,10-15
Total Requirement Reduced
Determined Per Requirement With
Section 12-10-13 MultiPle Use
1 berth
2 berths
3 berths
4 berths
5 berths
6. berths
7 berths
I berths
9 or more berths
(ord. 8(1s73) S 14.703)
1 berth
1 berth
2 berths
2 berths
3 berths
3 berths
4 berths
4 berths
5 berths
12-10-16: EXEMPT AREAS; PARKING
FUND ESTABLISHED:
A. Griteria: The town council by resolu-
tion may exemPt certain areas from
the off-street parking and loading
requirements ol this chapter if alterna-
tive means will meet the off-street
parking and loading needs of all uses
in the area. Prior to exemPting anY
area from the off-street parking and
loading requirements, the council shall
determine the following:
1. That the exemption is in the inter-
ests of the area to be exempted and
in the interests of the town at large.
2. That the exemption will not confer
any special privilege or benefit upon
properties or imProvements in the
area to be exempted, which privilege
12-10-16
or benefit is not conferred on similarly
situated properties elsewhere in the
town.
3. That the exemption will not be detri-
mental to adjacent properties or im-
provements in the vicinity of the area
to be exempted.
4. That suitable and adequate means
will exist for provision of public, com-
. munity, group or common Parking
tacilities; for provision ot adequate
loading facilities and for a system for
distribution and pickup of goods; and
for financing, operating and maintain-
ing such facilities; and that such park-
ing, loading and distribution facilities
shall be fullY adequate to meet the
existing and projected needs generat-
ed by all uses in the area to be ex-
empted.
Parking Fund: In commercial core 1,
commercial cote 2, and lionshead
mixed use 1, property owners or appli-
cants shall be required lo contribute to
fie town parking fund, herebY estab-
lished, lor the purpose of meeting the
dernand and requirements lor vehicle
parking. At such time as any property
owner or other applicant proposes to
develop or redevelop a parcel ol prop-
erty within an exempt area which
would require parking and/or loading
areas, the owner or applicant shall
pay to the town the parking fee here-
inafter required:
1. The parking fund established in this
section shall receive and disburse
funds for th€ purpose of conducting
parking studies or evaluations, con-
struction of parking facilities' the
maintenance of parking facilities' the
payment of bonds or other indebted-
December 2000
B.
Town of Vail
12-1Q-17
occupant or building manager thereof
in accordance with the following:
1. Any owner, occupant or building
manager who ovvns, occuPies or man-
ages ten (10) or more private parking
spaces located in commercial core 1,
commercial core 2, commercial core
3, high density multiple-family, public
accommodations, lionshead mixed
use 1, lionshead mixed use 2 or sPe-
cial development zone districts and
provides sulficient parking for use by
employees may apply to the adminis-
trator of the town lor a permil lo lease
parking spaces.
2. Application shall be made on a form
provided by the administralor and
upon approval of the application by
the administralor a leasing permit
shall be issued with or without condi-
tion as determined by the administra-
tor. lf the town staff determines that
the lease proposal results in a visual
impact to surrounding streets or prop-
erty, the administrator may condition
the approval with a requirement that
the applicant install landscaping on
the site to improve the visual appear-
ance ol the parking area. lf said pri-
vate parking spaces are located on
the common area or grounds of anY
condominium project, wrilten approval
of the condominium association (if
any) will be required on this applica-
tlon.
3. The administrator may requesi that
. an applicant conduct a parking utiliza-
lion study to determine the difference
between the average capacity ot the
lot and the peak day utilization, and
such other information as may be
necessary for the proper consideration
of the application.
12-10-17
4. The proposed lease agreement
shall be for the period of not less than
one monlh nor greater than twelve
(12) months. When requested, the
administrator :may extend the lease
agreemenl for an additional twelve
(12) months so long as the conditions
relating to the parking spaces have
not significantly changed. Any appti-
cant wishing ior an extension to an
established lease agreement, must
submit an application to the adminis-
tratoi no later than two (2) weeks prior
to the terminalion of the existing ap-
proval.
5. No applicant shall be permitted to
lease more than sixty percent (60%)
of the parking spaces which is the
difference belween the average ca-
pacity of the lot and the Peak daY
utilization as determined by the ad-
ministrator.
6. No apPlicant who is operating a
private parking area charging an hour-
ly fee on the effective date hereof
shall be eligible for approval of his or
her application.
7. Parking required tor anY use in
accordance with this title may not be
satisfied by the leasing of space from
another person under the provisions
of this section.
8. lt shall be the responsibility of the
owner, occupant or building manager
who has leased spaces to others to
provide adequate and ProPer signs
therefor and 1o see that the leased
soaces are used and occuPied in
accordance with the lease agreement.
9. Leasing shall be Permitted
short-term parking onlY, and shall
for
be
Town of Vail
December 2000
C,
Irlay 2 , 1990
Dear Sirs:
This letter is being wrjtten to express rny deep concerns atrd frustratiCns -
#'ffi..,strrt-ierfrparkingsituationtortrre.studentsdffiffi
Yours truly,
My daughter currently attends ballet classes there, and has for the last
two -vears. She i s 5 years ol d.
Being a working mother, I rnake a tremendous effort by driving back home to
Edvraids from Vail, mid-day, to bring her and other classmates back to Vail
to attend these wonderful classes. 0ften i also have my youngest baby.
It is extremely inconven.ient to have to nark jn the structure and lvalk everyone
over to Cl4C. It js also not very safe for small children in the structure-
I urge you to nake a quick pick-up and drop-off locati.on, and understand that
by tfie renroval of some trees in front of the CltC building, that this wculd be
ooss'i bl e.
Your tjrne js nuch appreciated.
Lisa Agett
Box 1218
Avon, C0 81620
llork 476-6322
bq \6^g
s+ \h,&
Ccc*ryrq-Q,Cr- {arrvr
m?"[,tAy 4 ,m
cLL/ Iu,,sn aW'tr^'*q\+-
tS louth frontag€ rosd
vai!, coloredo 81657
{303) 479-2100
llay 10, 1990
tts. Lisa Agette
Box 1218
Avon, Co 81620
Dear Lisa:
I an sriting in response to your letter dated l,Iay 2nd concerni.ng the parking sltuation at Cascade Village. Our departnent is
concerned about safe parking, adeguate parking, as well as the
Iandscaping of the project. If the owners of the proJect wish to
develop a pick-up and drop-off location for c![C students and parents, a proposal would need to be subnitted to our departnent.
At this tine, the owners of cascade ViIIage meet the Town of Vall parking requirenents. Unfortunately, from your letter, it is
evident that you are having problems with the parking. our
departnent vould consider a proposal for a pick-up and drop-off location. Honever, rre would want to make sure that adequate
landscaping is provided and that the pick-up and drop-off does not create any additional. traffic problens. We welcone the
o!{ners' ideas. If you wish to speak rith ne further about this issue, please contact [e at 479-2138.
Sincerelyr^
{fril^ 14il
**.Kristan .Pritz
Director
Cornmunity Development
KP,/PP
\
75 south tronlagc rosd
vait, colorado 81657
(303) 476-7000
December 7, Lggg
o faq{g 6tztt'tt4'e^{
ofllce ol communlty d€volopment
J
OwNewphone
NumbersArel
4792r3E
479-2r39
lnwn
Mr. Jim Olson fnterim Center Director Vail Learning Center
L3LO Westhaven Drive Vail, Colorado 81657
Re: Cascade Village parking
Dear Jim:
Recentry, r discussed ylltt you over the phone your letter dated Novenber 9th to Ron phi11ip3. rf you wolta riie to request free or discounted parking at the iritrage "r-ii"n"neaa
-raiking
llr"iT.s,. prease ret me-know. rf you-wi"rt io-p""ceed with Enrs request, the staff wourd schedule this issul ror dr-scussron with the Town council at one of their regularly ssheduled work sessions which are herd every ruesaai afteinoon.Fron our discussion on the phone, r have th6 und.erslanding that you dld not neeessarily wisir to proceed to the counciL at this !..t".. {y }lp"ession wls that yoir wer" trying to enprrasize to the staff that there are certain tines ouirn{ the year when parking is not available to rneet alr of irte paiiing needs of your students and staff.
l?_yo' know, the Special Developnent District No. 4 for Cascade Village is in the process of feing amended. A new parking structure. is propoied on the soutf,east corn*r oi the property.However' the parking in this structure is not piopo"eh t-o rneit parking needs for the vair r.,earning center. tire &evetoper has agreed to rneet a]l of the parking iequirements for the amended special Developrnent Distriat. tfie owners of the property are represented by Mr. Andy Norrls. The.applicants aia iequl"i to treat the existlng prus the new parktn|- "iruciure as one structure in respect to the arnouirt of frixed use credit that yg"l!_be given per the Town of Vail parking code. Staff and
!!:,_l_ti""ing comrnission supported tn6 iaea-of treari"j in- [*o pari(rng structures as one structure.
\
This proposal wilr be reviewed. formaLly by the Tovrn council on December 20. L988. r wourd ask that if you have concerns about the parlcing situation, that you contact either ne or Andy Norris as soon as possible and definitely before the rneelingl on December 20th so that we may answer any of your questions. -
If you_would like to discuss this further, f would be happy to rneet with you. you may.reach ne at 479-ZI3g.
KP:br
cc: Andy Norris Peter Patten
Sincerely,
,t r n.l
{nrfon K'T}Kristan Priti Senior Planner
h<a A
/le/4
75 Bouth lroniage road
vall, colorado 81657
(3O3) 476-7OOO
;fuly 12, l-988
Mr. Jim Boyd Holland & Hart Attorneys
600 East Main Street
Aspen, CO 8l-61L
Re: westin Hotel Beauty salon, cascade Village Special
Development Dlstrict
Dear Jim:
Attached to this }etter is the special development district which addresses the zoning for tlre cascade viilage project.
You had asked if it would be possible to locate a beauty salon in the Westin Hotel . ft is possible to locate a salon in the hotel . However, the salon would have to be counted.as .
commercial square footage which would require parking. The total sqluare footage for the salon would atso need to be deducted from the overall project; allowable cornrnersial_ square footage. You would need approvals from the Westin Hotel and
fMldy Norris for this propos-I. There may also be other o$rners
wlro are involved with the project that I would need to give their approval of the request.
If you have any further questions about this zone district,please feel free to caII me.
Sincerely,
{'fr+^Kristan
Senior
R'h.Pritz-
Planner
Enclosure
KP: kc
Unit Type
A
A1
A2
B
B1
E1
E2
E3
E4
s
T
pl ans of
Total
4
6
2
t
2
I
1
i
1
1
1
lst 2nd
3
4
I
PLAZA WING PHASE I Basis is R0MA
4th
3/3/87
GRFA
per Unit
35.|
459
341
341
348
348
348
355
293
423
March 13, .|987 check
GRFA
Total
1404
2106
918
682
682
348
348
348
355
293
423
3rd
I
2
1
2
z
22 7907
Hospitality
Sheet 44,2
Reta i I
Sheet A2.l
2097 sf
1099 sf
Total Gross Floor Area: 13,740 sf
TERRACE WING
3 /13/87
Area Calculations
Unit
Type
I std
t handicap
2 std
2 w/level change
2 expanded
3 std
3 w/1eve1 change
4
5 std
5 expanded
5 special
6
Su ite 388
Suite 483
SLP drawings 2/23/87
lst 2nd
11
2
I
13
based on
Grou nd
8
5
13
3rd
13
2
I
4th
1
I
L4
I
Total
24
t
?
J
34
5
IJ
L
I
6
1A
'l
I
397
397
430. 75
430,75
697
471.25
471.25
469.2s
496.75
696
642
464.5
572.5
977
LLSI
GRFA per
Uni t GRFA
Total
9528
794
3446
1292
209r
16022
2356
6100
1490
1392
642
2787
8015
977
LL37
IJ
19 33 34 1'1 L't7 t20 58069
Retai l
Sheet A2.2
42.4
Tota I
Building Gross Area: (83,600 sf)
693
9IOJ
t*
75 soulh lronlage road
vail, colorado 81657
(303) 476-7000
tvuo
offlce ot communlly developmenl
Apri 1 30,
Mr. Frank Freyer III Vail Ventures, Ltd .l000 South Frontage Road West
Vai I , Col orado 8.l657
Re: Terrace lling
Dear Frank:
According to my ca'l culations, the Terrace Wing has a total retail square
footage of 6,088 square feet and a total GRFA of 59,708 square feet. Please
note that I will recheck these figures when drawings are submitted for a building permit.
Please call if you have any further questions.
S i ncerel y,
r./ I nl
1\rirtaq l'rft
Kri stan 'Pri ti
Town Pl anner
KP: br
CASCADE VILLAGE ASSOCIATION
1000 S. Frontage Rd . I^I ., Suite 200
Vai1, CO 81657
(303 ) 47 6-6rO6
8/2s/86
Town of Vail
Comnunity Developnent and P l ann ing
Dear Staff :
Cascade Village Association maintains the bike path bridge and
bike path fron the bottom of lJestin Ho Skiway to the bridge at
l0esthaven Drive fot the purposes of safe and pleasant return
skier t raf f ic during the winter . In the p ast r^i e have had sone
difficulty in keeping snow on the bridge just below the emergency
phone. I'Je believe that this is due to thermal storage when the
sun rises highet in the sky as winter turns to spring. In order
to maintain the base and snow buildup on the bridge we Propose to
pai.nt certain parts of it white. I believe the visuaL impact of
this measure to be minimal. We plan to proceed with painting in
Septeaber per the drawing be1ow. Please 1et ne know at your
earl-iest convenience if there are any objections to this. Thanks
for your he1p.
\-
lilL ,
fr:[., ;!';:1",/,"7
75 south lrontage road
vail, colorado 81657
(303) 476-7000
August 25, 1986
Mr. Joe Dolan
Colorado Division of Highways
4201 East Arkansas
Denver, Colorado 80222
Re: Speed Limit on South Frontage Road
Dear Mr. Do] an:
offlce ol communlly developmenl
Earlier this summer the Town Counci'l of the Town of Vai'l passed a reso'l ution
recommending the speed limjt on the South Frontage Road in the area'of Cascade Village (ll|estin Hotel) be reduced to 35 nriles per hour. This request was made
by Andy Norris to accommodate proposed inprovements in this area.
The Town CounciI recormended other changes to speed limits along the South
Frontage Road during their discussjon of this request. Section 2 of the
enclosed resolution outlines these recormendatjons. l,Je would appreciate your
department giving consideration to the Counc'i 1's requested speed limit
changes. Please do not hesitate to contact me with any questions you may have
concerning this matter. Thank you for your time jn reviewing this request.
Si ncere'ly,
n-.$NrM^
Thomas A. Braun
Senior Pl anner
TAB: bpr
Enc'l osure
cc: Stan Berrynan
e4W'-;ft*^U.n
-"' iJ*J Jf.'
./
April 10, 1986
Mr. David A. Stark
U.S. Forest Senvice
Holy Cross Range District
P. 0. Box 190
Minturn, Colorado 81645
Dear David:
Andy Norris has asked me to outline the Town of Vajl's history of jnvolvement with
the proposed Cascade Village chairlift and the Town's position on the matter at this
time with particular attention to public access and parking natters. The points I
can speak to are as follows:
1. Cascade Village js within a special development zone district requiring the
Town to approve any change of use or change of site p'l an within the
di stri ct.
The Town partjcipated in reviewing the design and approved the Westin Ho
skiway that was constructed in 1984.
Town staff contributed to the skier demand analys'is for the Cascade Village lift prepared by Sno Engineering in 1.984.
The Town was an active participant in the design of the proposed South
Frontage Road improvements and Transit Facility on Westhaven Drive. tlle
feel that Cascade Village developers have shown the lift will reduce use of
the Frontage Road and use of Town parking facilitjes by a1 lowing Cascade
Village and Glen Lyon residents and guests to have immediate access to the
mountai n.
It is not desirab'le from the viewpoint of the Town or developer to
establish Cascade Village as a day skier base area and it is not designed
or intended to operate as such. The zoning is not suitable and the
appropriate support facilities are not available. The base area has been
des'igned to accommodate only skiers access'i ng the lift on foot, by private
shuttle buses and by the Town bus system.
The Cascade Village parking structure includes 272 spaces managed by the
Westin for guests and patrons of the Hotel and 149 spaces are available to
non-hotel patrons of Cascade Village. Experjence indicates that the major
demand for public parking at Cascade Village is in late afternoon (Cascade
Club) and evenings (CMC, Cascade Village Theatre, etc.). Cascade Vi'l lage
developers have indicated their intent to maximize occupancy at all times
while protecting parking for patrons of Cascade Village- The structure is
to be operated on the same basis as the Town of Vai] park'ing structures
charging the same fees during winter months.
7. The Transit Facility will handle bus traffic more efficiently than what
presently exists and should reduce demand on the Town's parking and
transoortation faci I ities.
The Town Council approved the formatjon of the Cascade Village Metropo] itan
District and the required Service Plan. The approva1 included the details
of the lift's design, road improvements, public facilities and lift
operations. The Town retajns total review and approval authority over any
design modjfjcatjons of the base area.
The property owners and residents of the Cascade Viilage Metropolitan
Distrjct approved formation of the District on March 18 by a vote of 44 to
?
The Town has been involved in this process from the beginning and has reviewed and
modifjed many aspects of the Distri ct Service Plan and base area design. }le feel
the developers have demonstrated thjs will be a l'i ft to serve a specific local area
and will not be attract'ive to or cater to day skiers.
Si ncerei y,
Rondall V. Philfips
Town Manager
RVP/bsc
cc: Richard Woodrow, Forest Supervisor
2.
?
4
6.
d.
9-
MI NUTES
VAIL TOWN COUNCIL MEETING
JANUARY 27, 1986
7 :30 p.m.
A regular meeting of the
7:30 p.m. in the Council
The third item
1986, regarding
i ndef in'ite1y.
MEMBERS PRESENT:Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Dan Corcoran
Gai I !'lahrl ich-Lowenthal
Gordon Pierce
Hermann Staufer
Ron Phi11ips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
TOWN OFFICIALS PRESENT:
The fjrst item on the agenda was the second reading of Ordinance No. 1, Seri es of
1986, annexing th,g_:9.gll!$r-Crreet area of t{est Vail. Mayor Johnston read the title 'in full. Larfi-Eskwith gave bri ef details of the ordinance and thanked a'l ] the
c'itizens involved. Mayor Johnston and Oan Corcoran also thanked everyone involved in the annexation process. Dan Corcoran absta'i ned from voting because of his work
on the annexation maps. There was no further discussion. Gail hlahrlich-Lowenthal
made a motjon to approve the ordinance on second reading, and Gordon Pierce seconded
the motion. A vote was taken and the motion passed 6-0, with Dan Corcoran
abstai ni ng.
The second item was the second reading of Ordinance No. 2, Series of 1986, providing
protection from double taxation of the sales tax. Mayor Johnston read the full title. Larry Eskwith explained the reaEoning behind thjs ordinance. There was no
discussion by the pub] ic or the Council. Hermann Staufer made a motion to approve
the ordinance on second reading, and Dan Corcoran seconded. A vote was taken and
the mot'i on passed unanimously 7-0.
Vail Town Councjl was held on Tuesday, January 21, 1986, at
Chambers.
on the agenda was the first reading of Ordinance No. 3, Series of
removal of roof snow and ice. The item was w'i thdrawn to be tabled
The next item was the reading of Resolution No. 5 concerning the approvai of the
Cascade-.VilLegg_Sclropoiitan District Seryjee_ffan. Larry Eskwith gave a brief
6TE-rview of the resolution. Fill Inkley, of C. Michael Sayer, P.C.,' detajled the
changes made jn the resolutjon:
2. Section 13, page 3, the second sentence was changed to read: "In this
regard, the District shall obtain such insurance or other risk protection -
which may include being named as a co-insured on policies of Vail
Associates, Inc. - with respect to operation of the chairlift, as may be
available to insure aga'i nst risk of loss or liabi1ity on account of
Di stri ct operati ons. "
i. Section 6, page 2, the last sentence was changed to read:
have the r'i ght to approve and review said Agreement."
"The Town shal'l
added regarding a plan for
the District is init'iated
t indebtedness or obiigations, a
uant to Section 3?-!-702,
pproval by the Town whjch
tedness or obligations."
ty: "That the District shalI in
t'l e 32, Col orado Revi sed
tors and propertY owners within
the date, time, and Place of
such election, and stating that
Section 15, page 4, a second paragraph was dissolution: "To the extent dissolution o
without satisfaction of outstanding Distri
Plan for Dissolutjon sha'l I be prepared pur
Colorado Revised Statutes, for review and
provides for the satisfaction of such inde
Sectjon 16, page 4, was added in its entir
addjtion to other notices required under T
Statutes, mail notice to the qualified ele
the proposed boundaries of the District, o
the election, the qualifications to vote i
?
f
I
$
4.
if the organization of propenty owners within
over present I evel s.,'
5. Typographicai error jn
proposed" to be changed
the District is approved, the property taxes of
the District could increase by up to thirty percent
Section 1 (c), page 1, to be corrected:to "w ithi n its proposed"."within is
He also stated he thought all the changes and Town stipulations had been included in the Service Plan. Larry Eskwith stated he had not had a chance to review the updated Service Plan and requested the Council approve the resolution with the requirement that the Service Plan is in complete conformance with the resolution.At this time, Larry Eskwith, Andy Norris and Bill Inkley answered questions from the
Counc'i l. Kay Saulsberry gave comments on possible parking problems with a new lift in the area. Eric Affeidt spoke jn opposition to the dislrict because of the proposed increase jn property taxes for property owners in the district and because
he believed the parking situation had not been adequately addressed. Frank McKibbon gave his support for the district. Dan corcoran made a motion to approve the resolution with the stipulation the Town Attorney review the updated Service Plan
and make sure it is jn total compliance with al 1 aspects of the resolution. GaiI
Wahrlich-Lowenthal seconded. A vote was taken and the motion passed 6-1, with Erjc Affeldt opposing.
The fifth item was the reading of Resolution No. 4, establishing Town policy on the Lotto lottery. Pat Oodson gave detailed background information on the new lottery game. Gail Wahrlich-Lowenthal suggested the wording be changed jn the third l'ine from "would" to "should", and in the fourth line delete "sign.i ficant'ly,', Erjc Affeldt made a motion to approve the resolution, which Hermann Staufei seconded. A vote was taken and the motjon passed unanimously 7-0.
The next item was the reading of Resolution No. 6, approving a contract for the purchase of a residence for the Town Manager. Mayor Johnston gave infornatjon on the purchase. Erjc Affeldt requested the deletion of "being a tangibie asset for the Town." After a short discussjon, Hermann Staufer made a motjon to approve the resolution w'i th the suggested deletion, and Gordon Pierce seconded. A vote was taken and the motion passed unanimously 7-0.
There was no Citizen Participation.
The next item was the Town Manager's report. Ron Phjllips commented on a letter to Curt Ufkes, Chief of Police, from a CPA in Minnesota. The letter commended the Police 0ffjcers who responded to their call regarding a loud party next door. He and his wife were'impressed with the way the Officers handled the situation. Ron stated he had received a number of similar renarks lately regarding the Police
0epartment.
At thjs time, Larry Eskwith announced he had fjnished intervjewjng appiicants for a Prosecuting Attorney position for the Town. He had chosen someoni, but has not been able to speak with aii applicants yet, so he djd not want to announce the name of the chosen attorney. The new h'i re will begin work Thursday, January 30-
Mayor Johnston commended Joanne Mattio of the Recreation Department on the dances held for youth at the Studio. There was an excellent response to the dances.
There being no further business, the meet.i ng adjourned at g:25 p.m.
Respectfui iy submi tted,
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clefk
M'i nutes taken by Brenda Chesman
-?-
u o
lilYtun it
.Z tt :l:,4 ,4.//ott//a////dal
ci/ctzlaiho
Ms. Kristan Pritz
Town Planner
Town of Vail
Box 100 Vail, C0 81657
Dear Krlstatr,
SDD4 was anended in l9g4 to refl.ect at that tine the developmenE progratr for cascade vil1age. rncluded 1n that anendnent were the Terrace and the pi-iza wiog-adJitions to the Westin Hote1. The Tqrr3cg Wing Jesign has rlrnained generally rhe ::p: ?" thar approved although-there-has been a reductiou in the GRFA frou 55,000 square feet to s4,472 square feet and a reduct,ion in retail fron G,399 square feet to S,OOti "qo.r"-i".t.A najor des'gn nodification has been nade to the praza l,ring.The approved buildtng has uuuo-ai"iaed ir to three separate projects: 1) Plaza conference center, 2) pLaza wing iddition to :existing east wing of Wesri.n Horel .na Si BuitJio!--"g". The previously appl?v9q Pr.aza },ling contained 40 go""E"roors, 15 residentiar condooiniuns, 19r500 square fEet, of retaiL,/"ifi". "p""" and 9,500 sguare feet. of neeting facilities.
\ArVnru
C
RES,LTD
Janrary 22, LgeT
The revlsed plan is as follows:
t Plaza Wing Addition (phase f)
- 8,400 square feeL
- I,140 square feet
- 22 guest rooos (7,690 GRFA)
- 2 hospitality suites (1,650 square feet)
- 1,100 square feet of reEai.l
Two gues! roo's in the westin will be renoved to provide corridor access to the Terrace l,ling resulting in i-o"t addiCion of 2O guest roons in the pLaza lrling.
* Plaza Conference Cen ter (Phase II)
of neetlng facillties
of reEai.l
I C00 South Frontage Road West, Vait, Colorado g1 657 . 3031476_6602
I :
Ms. Kristan Pritz
January 22, Lg87
Page 2
'r Building ttCtt
The addltion of cascade vi.11age chairLlft nith its required support facilities i.e. restroon0s, ticket windows, etc.requires the developoent of an appropriare progra' for Ehis building. Generally, .the building piogran inciudes 20,000 square feet of retail/connercial, 5,000 square feet. of chairlift support and 40,000 square feet of residential. rt ls also expected that sooe partiing ri11 be included. An anal.ysis of the narket will be nade in the next four nonths which nill result in a detailed progran for this building.The program analysis will also'include the Mansfield viliage and Cosgriff sites
r would propose that the sDD4 be anended based upoo the narket research and resulting progran developnent. The timing would be during the earJ.y sutrmer of I987.
Parktng for both the Terrace Wing and two phases of plaza
Wi.ng will be acconnodated i.n the Cascide Village parking structure. The Terrace l,/ing guest rooas uill iequire ld2 spaces and it.s retail 19 spaces. The Plaza wing addition will require l6 spaces for guest roons and 4 spaces for retail. The plaza
conference center will require 70 spaces for neeting facilities and four (4) for rerail.
.The^total parklng required for the Terrace/plaza (excluding retail 9f 27 spaces) - expansion totals 1gg spaces aod ii entireli acconuodated tn Levels 1 and 2 of the struciure. coornitnents to LeveL l and 2 to date total 115 spaces resulcing ln a total of 303 spaces. -Applying the 12.SZ credit for _nultiple purpose parking results 1n a net assigned parking of 26s spaies. The two levels accod'odate 272 spaces leaving a surplus oi 7 "pa"es to appry to the 24 spaces (87.52 ot 27) riquired:
Level 3 has been allocated a toEal of 96 spaqes for the cMC Building. ,Applying rhe credir of 12.52 result"-i.i-" o"t requirenent of 84 spaces which r*i1l be increaserl by 17 to acconqodate the retail in the Terrace,/p1"ra "*p"n"i.on. Level 3 has a capacity of, L49 spaces. conplerion of tir. rerrac"Titii"-expansion will result in 48 additional spaces available for the Butlding ttC" developnent.
-
Ms. Kristan Pritz
January 22, L987
Page 3
I believe the Terrace/PLaza expansion progran as nodified 1s conslstenc 'riEh the anendnents nade to the sDD4 in 1984. Eowever,ye are prepared to seek approval to anend the SDDA as the developnent prograE for Buildi.ng 'tc" and thei other sites becone nore clear.
If you need additlonal
Sincerely,
Andre{ D.llorr 1s
Presitlen t
Mont.ane Corporatlon
ADN/ s b
inforuatioa, please ca11.
f ,--j
To Whon it May Concern
on March 3, 1989, a pernit !'ras approved for the conversion of the cMC conference space to a theatre. This change was alrowed for in the amendment to the sDD in the Fall of 1988. The conversion caused the following changes in parking requirernents:
conference parking Requirement:1387s.f. conference = 6 spaces L387 s.f, theatre: i.L.5 spaces Net difference= S.5 spaces
Existing
Theatre
Required Parking net fncrease 422 spaces
5.5
427.5 spaces
-42.75
385 spaces
TotaI Par
r.0a Mix. Credit
New Regd. parking with
Existing.Parking Structure 42L spaces
Iew Teguired P?rki -ges Kema]-nlng parkrng 36 spaces
Kristan Pritz March 3, LgBg
'(l
6. RePair of \';'esthaven Drive.
7 , Construct'ion of slai:roaY a:rd
between Ci'iC Building and I',:e s tin Hoiel ,planting and irrigation-
ft/':? ,/t ''8" '7' t '-- --- 3ID1z"
.t. t
offi!fio
'th/i'
To: Sieve iiarper
lean L]-I I re
Floii.: l:rdy Norris
Re: Cascade Village Parking
Date : April 13, 1983.
D.'.no.'-rr - lqgq
i'::irg the sL;:er anci fal-I oi 1933, Ilansfield, Ltd. ant:ciPates
L:re f ollc:;':rg ccrsi::,:c--icn ac cir.iii-es Eo be t'k-ing place:
L Cci.-pt-.;;icn of 1',1estil Ho:el pJ-a;a, incl':i'ng replacirg
aspha.lt eniry '.,ri th pa-,2e1..s, cc;-rsLi-ucr-ion o,-= Cccc:-aiive lvater'.:ay,
a::d corrective :.ro::k for previously -lrstalled pavers.
2- InsEaLlation of pavers at east wing oi hotel, east
ai:d aorth peri::reters of CI1C tsuil<ii;rg
3. Planting of t:ees along enLry xo plaza and on tel:race
adlacent :o ?epi Sports.
4, Installation of landscaping, incl-udiag irrigation; on
site of Plaza 3uilding.
5. Installat j-cn of l-anCsca;r:-ng r :'-r:cluding irrigation, &t -?^^^^ r^ r,'.i t 1^^^ -6f?r'. 1^-r-.-nn.'n,: r.\ inclr.rie :-ca afOUnd T Of^rn Ol udSl-dllc Y L! IdSe ELrL!rY ! r c . I \- s \- d ir !L r 6 Lv
VaiI bus shelter.
decorative waterccur se
ine'l rr riino assoc iated :!re4su-.rl=
8. Conpletion of Phase II irarking Siruciure, Plgiected
io begi:1 }lay 15, 1983, l!'itl1 corpleticn by Deceiiirer 1, 1983'
9. Coanencenent of ccnsc:ucci-on f or Cascaie Chib;
scheduled to beg,in .Iu:re 1 , 1983, wi ih c:rpletion Feb::::ary 1984 '
I;r ::espc:rse i.o :hc proj rctcd co:-s::tic::on, the f oll-o"+ing 7a::kl:rg
:riog'r3::i shcul-d be aihe:e d io:
1. Fhase I Pa:k:rg S:=.ic;r1;s (ca;acicy i 35 ca:s) -
:.--.,'ailalie ior r..lescin l-rccel gu.3s:s and :at:,1:': S, i-:-Lci':ilng l' e s t e'-l::':l: s
,-I
C= q,.:ria V-;l l-eoe T1-^^-.- r.1.;r-to q q ?,-<: l-:e--rre.5i -. r-1-^- -f rl=d.L-C -'d.L:- L)!i5, UJ----, o-CU-d-lL irdL-v:.;.
2. ilesEhaven Co:rco=r-ni':L:s pa:kii1g sEt:uctu::e (capacity 37
cars ) - linrited to enpicyees of Colcrado iiour;a j-e Co11ege, Cc*pass
Qnc,a Reqi:r'r.-.i'r I liesi.';r -ni.o'l :rrd CaSCaie V:1i;Se Thea:fe.
S (---:A Df n6rr-an for ::^.-,-:e u-..v crv,5:n:L;-r.-/J- J- \.: s ! r L ]- ! ) : r l 4 E__t;/ LvJ uu LJ-LJ-_vJ!:cD
.1-r',".1 nr.:ri fnr ih J-S faCi:i:;r.
o
..->,,': -= , -t.i-G j<: f d-5--.e- --!:r.;:L--.:r
3. Lot no. 1 ard l-ot no. 2 (on graie
Parking Struc ture) - t1-,ese aieas r,ri 11 be Ehe
oi ihe Parki:r.o Sir:iei;r.'c r---n ient- and will be v r4vJ guesi usage.
.'-,.'-;1 i3, 1983
1,C,:\ -!-lB c.:.> L Lr!
s':e of the continuance
una-.'aii abie f or
l+, Terrace c:-:kirs ('l crcp ted to the soutl of ti]e Tcl,-n of Vail bus shelter -: ;;;;;i?v'66-I.r=) ; this ioc w''l-11 6s f ini sh
o.'n /nA ^- A . --^^.i. pa:-<i:.lo io be a\:ai1351e to Colo:ado iiou:rrain =! e.Ji:L: d:ItI a C:lt-(:(r.
College studenis and as en overf 1c-," for the ociler -'aeilicies.
/' ^-.-+--.^-.. --. '^..-r;ins r.:i L1 \c I -: _i *Ed io Ehe :-l:e3 at :ie castei:i-v\Jar J L_ 'J L- '_ _\J!l VtlL!-_-_o ,.___
rir.^lci ,'nrl nf rhp nr-oieei :-rd io :-'-, e siLc of ili-i1:sce .:hase I-lI.
The east park-iilg- lot i.,'i1l be clc;::ed t:7, 1a-rds:a:e,l a;id iir:ished.
Because all la:Csca?rng i;r t',:e ?Leza of -jhe l.oieI ar,d Cl lC 5ur1-iing
will be conpl-eted by early sr:--r:.er , iar:ki:'Ig p:ohi'r ic ltrns in tiose
areas wilI be strongLy enfo:ced. ?arirng enfoic.i;eni rsi1l, of
course, continue along hiesthaven Drive, If the facilities Pro-vided for co:rstrucrion r,sorkers are inadequate, ue r+il1 pro."rde
oif-sice ?ark j-:ig for rhcse :.utcnobiles and us: b':ses to tjansporL
the workers .
A)Ni jh I cc: Perer Patien/Town of Vailt/
Jere hia 1 ters /i'faasf ie 1d
?.a;:cy )iilhoan/CMC
lnttn
75 south lronlage road
u.il. colorado 81657
(303) 476-7000
october 28, 7987
Mr. Andy Norris
L000 South Frontage Road West Vail, Colorado 81657
Re: Revised parking figures due to Wellness Center at the Cascade
offlce of communlly developmenl
the construction of the
Club building
Dear Andy:
Attached to this letter is a summary of the parking allocation for the Cascade Parking Structure. plans have been subrnitted for the Wellness Center. Originallyr you had allocated 9 parking spaces for the Wellness Center. The proposed Wellness Center has a total square footage of 1,386 square feet (per plans subrnitted by Ned Gwathney) which reguires only Z spaces.For this reason, it is necessary to adjust the parking summary which was originally r,rritten up in a letter to you dated March 3, 1987. Once the Wellness Center has been constructed, you will have a total of 41 unallocated spaces in the parking-structure.
If you have any guestions about these figures, please feel free to contact me.
Town Planner
KP:br
Enclosure
cc: Frank Freyer Buff Arnold
CASCADE PARKING ANALVSTS
THESE FIGURES
ADDRESSED TO
WERE REVISED FOR
ANDY NORRTS DATED
WELINESS CENTER
AUGUST 27f L987
FROM A LETTER
Below is a sumrnary of the parking structure. f have calculaled afi for spaces located in Units l_ and approved building permit plans.
allocations for the Cascade of the parking requirements 2 according to recent
I.
REVISED LO/28/87
PARKING ANALYSIS FOR CASCADE STRUCTURE
UNITS].&2PARKING
1
2
A.
B.
Unit Unit provides 122 spaces provides Lso spaces Total 272 spac,es
Allocations for Units I & 2
Cascade Wing (B d.u.)Westin Hotel Terrace (L20 a.u., GRFA 58,OGg sf)Terrace Retail (5,956 sf)Plaza Phase I (20 d.u., GRFA 2,205 sf)Plaza Phase I Retail (1,099 sf)Plaza Phase ff Conference (8 tZgT s.f't Plaza Phase II Conf. Retail (900 sfi
L6
115
1_05
20
16
35
3
TotaI 3L4
II. I,INIT 3 PARKING
A. Unit 3, provides 149 spaces
B. Allocations for Unit 3
cMc:
Clancyrs (L34 seats) 17
Cascade Theatre 2A College Classrooms 4O College Office (954 sf) 4
CASCADE CLUB:Retail (300 sf) I Bar & Restaurant (9S5 sf) 8 office in CMC (828 sf) 3 Wellness Center 7 Total l0B spaces
III. TOTAL PARKTNG ALLOCATION
A. Unitsle2 314 spaces Unit 3 108
Total 422 spac'es
B. Total Required Spaces with L08 reduction for mixed use: 390
C. Total Spaces in Structure AZL Total Spaees Required with - 3BO
Total Rernaining Unallocated Spaces: 4L spaces
75 south trontage road
vail, colorado 81657
(303) 476-7000 ofllce ol communlly development
August 27, L987
Mr. Andy Norris Vail Ventures, t-,irnitea
1000 South Frontage Road Vail, Colorado 81657
Re: Final parking calculations for the Cascade Vitlage parking ' structure (Revised Figures)
Dear Andy:
Below is a summary of the parking allocations for the Cascade structure. I have calculated all of the parking reguirements for spaces I ocated in Units i_ and 2 according to recent approved building permit plans. According to my calculations,I show that you have a total- of 39 unaLlocated ipaces in the structure.
PARKING ANALYSIS FOR CASCADE STRUCTURE
UNITSl.&2PARKING I.
A. Unit I provides l-22 spaces Unit 2 provides I50 spaces Total Z7Z spaces
B. Allocations for Units 1 & 2
Cascade Wing (8 d.u.) 16 Westin Hote} l_t_5 Terrace (120 a.u., GRFA 581069 sf) tO5 Terrace Retail (5,856 sf) ZO Plaza Phase I (20 a.u., GRFA 7,205 sf) L6 Plaza Phase I Retail (1,099 sf) 4 Plaza Phase ff Conference (8,297 sf) 35 Plaza Phase II Conf. Retail (900 sf) 3
TotaI 3L4
II. UNIT 3 PARKING
Unit 3, provides L49 spaces
Allocations for Unit 3
cMC:
Clancyrs (t-34 seats)
Cascade Theatre College Classrooms College office (954 sf)
CASCADE CLUB:Retail (300 sf)Bar & Restaurant (9BS sf)Office in CMc (B2g sf)*Wellness Center
Total
*Not finished yet.
III. TOTAL PARKING ALLOCATTON
A.
B.
L7
2A
40
4
1 I
3
9
110 spaces
A. Unitsl&2 314spaces Unit 3 110
Total 424 spaces
Total Required Spaces with
108 reduction for mixed use:
B.
382
C. Total Spaces in Structure 4ZI Total Spaces Reguired hrith - 392
Total Remaining Unallocated spaces: 39 spaces
r have arso enclosed the square footage calculations for the Plaza Phase rr conference center. rf you have any guestions about the calculations, please feel free to call ine.
Sincerely,
\/. I n. l l\n(tnn [fifr l|lrJtsr,r\ $ I \-t-Xristan Pritz
Town Planner
cc: Frank Freyer Peter patten
CASCADE VILLAGE CONFERENCE CENTER
AUGUST ?7, L987
BASEMENT:
lST FLOOR:
ZND FLOOR:
MEZZAI\ INE;
COMM. AREA
l412
3078
0
688
KITCHEN/S ERV.
0
3330
2343
0
lYt I b.
ROOM
BALL
ROOM PREFUNCTION RETAi L
0
{ LOU
0
0
0
6I37
0
0
236?
4940
0
0
900
0
0
TOTALS:5178 5673
APPROXIMATE TOTAL SQ. FOOTAGE . 27,350
2t60 6137 7302 900
Check per Roma Drawin gs (7-ZZ-97)
l'lezzanine 1 evel (5-22-87)
t,
PLAZA CONFERENCE PHASE II
AUGUST 27, 1987
1412 s. f.
Total - 1412 s.f.
onn
2760
2362
?n7a
3330
Total - 11,830
A1 '1'l
4940
2343
Total - 73,420
688
Total - 688
GR0UND FL00R (Basenen _t)ffirage/Mech.
FIRST FLOOR EC]T-
l',leeting Room
Prefuncti on
Common Area
Kitchen Servi ce
SECOND FLOOR
EilTFoorr-'''-
Prefunctio n
Ki tch en,/Se rvi ce,/S to ra ge,/Se rvi ce
THIRD FLOOR oT MEZZANiNE
APPROXIMATE TOTAL Sq. FOOTAGE.
Excluding over lapping sta'irs and elevators.
, : ..,' tl-; '. ,'1,.--
.': t-,.2
CASCADE VILLAGE PARKINC STRUCTURE
Summary l'lernorandum
^ "*.'':'/ / //
Phvsicpl Degcription \ {Z,U4''"t
The three 1eve1 parking structure is now substant j-ally- conplet.e.w
of the 421 parking spaces available for use, Levels I and 2, which are connected by a circular ramp, function primariLy as parking for the Westin Hotel. Level 3 is operated se parately as a commercial parkj.ng facility for patrons of Cascade Village. A11 parki ng level s are f u11y fire sprinklered an nonitored by a central f i-re alarm system. The flnal count of parki n g spaces per 1e ve1 is as follows:
I
,fi.tt
&,.{/,'-e
Level I
Level 2
Level 3
Total
| | x \l\aaac
154 Spaces
I49 Spaces
42I Spaces
B. Condoninium Association
The ownership of the parking structure and the Cascade Club land and improvements wi. 11 be c o n d o m i n i. u m i z e d into the following four units which will
form a c on domini um association:
Condo Unit Description Ovnership
Unit 1 Unlt 2 Unit 3 Unit 4
Parking Level i ( 34 , 500 sf )Parking Level 2 (43,700 sf)Parking Level 3 ( 39,600 sf)
Cascade Club & Tennis (67,000 sf)
Vail Ventures; Ltd.
Casc ad e Lod ge Joint Ventur
Va j.l Ventures, Ltd.
Cascade Club, Ltd.
C. Use
-T Parking Levels l and 2 contain 272 parki-ng spaces which r.ri11 service
the following improvements:
fnprovement
Westin Hotel
Cascade lfi-ng
8 Units
Terrace Wing
120 Guest Roorns Plaza Conf erence Meeting Space *
20 Guest Rooms *
Glen Lyon Chair 1r
Vai 1 Associates
Ca 1c u'l ation of
Parking Requirement
SDD Schedule
SDD Schedule
* 120 x
Center
IE -
4 + 67,250 sf/1,000 sf
Lt5
-LO
38
18
5 **
307
1?a\
Spaces
9 ,225 st / 15/ 16
20 x. 4 + 9,500 sf/1,000 sf
Operating Agreement
Subtotal
Multi Use Parking Structure
Credic(LZ l/27")
To ta1 S paces Required * To be construc!ed
** !{r'r -anrri rod }
269
Cascade Village Parking Structure t/16/86
Page 2
After applying the nultl use Parking scructure credit of L2 rl2T"t.he requi.red nunber of spaces is 264 leaving 8 spaces available for addi tional development use.
Parking Level 3 contalns 149 parking spaces which will service the following improvements :
lnprovement
Ci"lC Building
Cornpass Rose
Cascade Theatre
College - Classroorns
College - 0ffices
Cascade Club *
RetaiI
Restaurant
Terrace trling Re tai 1 *
PTaza Conference Cent.er
Retail *
i To be constr.ucted
^€r^- ro tho mrr'lti l.rr r_sl dPPJ--Yl.t o required number of spaces is
additional development use.
Calculation of
Parking Requirement
SDD Schedule
SDD Schedule
SDD Schedule
SDD Schedule
_
250 sf/300 sf
92o st /I5/8
6,300 sfl300 sf
5,700 sfl300 sf
Subtotal
Multi Use Parking Struct.ure
Credit(1,2 I/22)
Total Spaces Requlred
Spaces
8
28
40
4
1
8
2I
19
r29
(16)
113
Parking Structure credit of L2 L/27" xlre
113 leaving 36 spaces available f or
D- 0oerations
Ail- Ievels will be fu1ly managed and include entry/exit gates, ticket discensers and attendanE.s.
Parking Levels I and 2 vi 11 be operated by Cascade Lodge Joint Venture under rne terns of an agreenent with Vail Veniures, Ltd. CLJV will operate Le','e1s I and 2 in a nanner vh j-ch f acili-ta',-es the use requirements ser forEh above in paragraph C1. CLJV vi11 have the right to all parking revenues and will be responsible for all operating costs. : l'
Prooerty taxes for Levels l and 2 will be divided prorata b'etween CLJV
a"d Te!:ace Wiag g:l:siroons, Plaza Conference Center guestroorns and neecing
s?ace, and Cascade i' j:rg guestrooirs.
Cascade Village Parking Scructure t/r6/86
Page 3
Parking Level 3 will be operared by Vail Ventures, Ltd. as a cornmercial facility which vi 1l honor the use refl ni rements set forth a bove in paragraph c2. Day skiers will be admitt"d r;-i;;"i : ."ry on an ',as avai1ab1e,, basis.Parki ng fe es for day skiers may be somevhar greater E.han Town of Vail's schedul e -
0pera ting po l ic ies and procedures and rate schedules bet'*een casca de Lodge Jolnc Venture and Vail Ventures. Ltd approxirnate Town of Vail parking scrucEure rates.
wi 11 be coordinated . and equal or
Maintenance/Utilitv Costs
The condominium association courprised responsi ble for provi.ding or contracting for general naintenance. The cost of such common utility expenses sha11 be apportj.oned prorata appropriate four condominium units.
of units 1, 2, 3, and 4 vill be al1 exterior landscape and area maintenance and any comnon by the association arnong the
F. Constructi-on _Cost Phaie I ras-Tompleted in Novenber of 19g2 at a cost of $2,300,000. The final cost for Phase rr should be g2,425,000. rt shoutd be noted thar approxinately $400,000.00 of the Phase I costs could be dj-rectly aEtributed to the Cascade C 1ub f aci.lity which rs partially constructed above Phase I.
Phase I
rNASE II
Total Cost
Cost Per Parki_ng Space
Level #
Souare
Feec
Assessed
Value
Taxes at 87 mi11s
$2,300,000
$2,425,000
$4,725,000
$11,000
Taxes at
117 mi1ls
G. Prop ertv Taxes
The condominium association declarations will provlde that the propercy taxes wi-11 be paid indJ-vidua11y by the owners of each condominiun unit.Recent di scus sion vith the County Assessor I s office indicates an assessed valuation of $5,50/ sf for structured parking. Based upon a current nill 1e vy of 87, the annuar property taxes ( including personal ) wi.11 total about
$ - 50/sf - Assurning approval and funding of Ciscade Village Metro Districr, the mi11 levy wi 11 be increased to a bour ll7.
0wner
I
2
J
34,5O0
43,70O
? o 6no
s 190 , 000
$ 240 , 000
$ 218 , 000
s16,500
s20,900
$19,C00
<)) )nn
s28,100
$2s,s0o
Terrace/P1 aza / C ascade
CLJV
Vail Ventures, Ltd.
jrx" 4
A{ft/
Trn+P{t (
luwn u
75 soulh ,rcnlage road
vail, colorado 81657
(303) 475-7000
Mr. Frank Freyer Vice Presidentr Montane Corp.lgg6 S. Frontage Rd. West Vail, co. 81657
Re! Cascade Village Terrace Review Board
I a.lrq
Building final approval by Design
ual
Dear Frank:
On September 18r 1985 the Design Review Board gave final approval to the Terrac-e-l{+B-g-"*contingent upon addresslng public -works,
concernE-GE6FfEiTidi"g p"ri,it. public worksr list of irems that need to be addressed include the following:
a. A drainage plan for the north side of the building
b. Specify the size and type of culverts for drainage
c. fs the new easement for the sewer complete? The
Tornrn Engineer would Iike to know how thi s issue will be resolved
d- Framing and founda tion plans must have an engineerrs
,. stamp
e. A soils report will be required
f. A title report vill be required
g. The Town Engineer would like to see a more detailed plan.of how the common carrier area wiIl be designed particularly in respect to the adjacent roadway.
h. Is there an agreement for the maintenance of the path behind the Terrace Wing?
The board also made several changes to meeting. Firstr Ehe granite pillars the submitted plans at the along the loggia will be
page two
Frank Freye r
bevelled. secondlyr three light bollards will be added to the
g5qve,l path connecting the common carrier area to the CMC building.Thirdly; six of the p-roposed colorado spruce will be increased in size from eight to ten foot trees to -twelve to fourteen foot trees- r have also encr.osed my square footage carcurations for the entire Terrace Wing. I have calculated an additional 8l sguare feet beyond youl totaL figure of 59t627 square feet. r
show that the building contains 9@O square feet beyond what you listed as retail square footage for the building. rf you want to go over my calculations please feel free to give ire a caIf.PLease remember that at the time of buirding plrmit review the Fire Departmentr Building Department, as well as public Works wrr-t once again check the building permit plans. r encourage you not to wait until the last minute to deal with some of the Public works concerns. congratulations on getting your first .project through our thorough Design Review Board!
Sincerely 1
1(t#^?t!-
Kristan Pritz
Town P lanne r
KP/brf
I
TERRACE TYING BXPANSION
GRFA Calculations:
Ground Floor
lst FLoor
2nd Eloor
3rd r'loor
4th Floor
Loft
No. of Rooms
77
I7
34
33
19 (fZ have lofts)
Area
7826
7826
74,663
14 t7 35
9 ,42r
5,236
TotaL:
Retail Area
Ca lcula t ions
l2a
on First Floor
are based on ROMA drawing
59,7A8
6,579.5
set dated July 5, 1985
I
75 soulh tronlage road
Yail, colorado 81657
(303) 476-7000 ottlce ot communlty development
September 4, 1985
tt1r. Frank Freyer
Vice-Presidbnt, Montane Corp.
1000 S. Frontage Road
West Vail, C0 81657
RE: Cascade Village Terrace Building Design Review Board Issues
Dear Frank:
0n September 4, 1985, the Design Review Board gave finai approval to
the Terrace Bu'ilding cont'ingent upon submitting a revised landscape plan, meeting fire department concerns, as we1 I as Public lrlorrs
Department requirenents. The follouring corrnents were made at the
meeti n g :
1. The board requested that you add evergreen trees on the
north elevation so that in the winter time this area does
not look so bleak when aIl the deciduous trees lose their
I eaves .
2. The board would like to see the specific placement of the
shrubs on the south side of the buildinq.
Pavers should be used for the stairway that is to the
south of the bus drop-off area.
Some type of l'ighting is needed on the stairs adjacent to
the bus drop-off.
5. The board suggested that beveling be used on the granite
at the base of the logg.i a pil1ars.
6. Public ijorks had a list of issues that st'i ll needed to be
resolved. These items included:
a) A drainage plan for the north side of the bujlding.
Frank Freyer
September 4, 1985
Page 2
b) Specify' the size and type of culverts.
c) Is the new easement for the sewer complete? The Town
engineer would like to knorry how thjs issue will be
resol ved,
d) Is there an agreement for the majntenance of the bike path behind the Terrace wing?
e) Framing and foundation plans must have an engineer,s
stamp.
A soils report will be required.
A ti tl e repbrt wi 1l be requ'i red.
The town engineer would like to see a more detajled
plan of how the common carrier area will be designed particular'ly in respect to the adjacent roadway.
Please add the siciewalk off of the existing pathway
coming down to the i'lestin from the common carrier area.
The board felt that'i t would be important to provide a
lane between the common carrjer drop-off to the Cascade
Thea tre .
I w.i ll schedule the landscape plan to be reviewed by the Design Review
Board at their next meeting on September 18, 1985. I would like to
receive the revjsed plan no later than September 13, 1985. The unresolved
Public',rlorks issues should be submitted as soon as possible so that these
issues do not hold up your building permit. Please call if you have
further questi ons .
KPlsm
f)
s)
h)
Si ncerel v.,J. | - n I
1(nlton fnfr
Kristan Pri tz
Town Planner
RECREATIONAL AMENITiES FEES FOR SDD4
x .25 Total
West haven Condos 22,500 $ 5,625 $5,625
Terrace Wing guest rooms 55,000 13,750 retail 6,399 I,599.75 .|5,349.75
Plaza Building
guest rooms .|8,333
condos 1g , 500 reta'il/office .l9,500
conference-net 9,500
4,583.25)4,975 )4,875 ) 16,708.25 ?,375 )
$37 ,683
RECREATIONAL AMENITIES FEES FOR SDD4
West haven Condos
Terrace |.ling guest rooms
reta i I
Plaza Bui lding
guest rooms
condos
retai I /offi ce
conference-net
22,500
55,000
6,399
.|
9 ,333
1g , 500
I g ,500
9,500
x ,25
$ s,ozs
13,750
I , 599. 75
4,583.25
4,875
4,875
2,375
Total
$ 5,625
l5,349. 75
16,708.25
$37 ,683
I
c.
C. Mrcxrel Sevne
M^aYANN M. McGuov
WTLL|^M P. AXKELE. JR.
MICHAEL SAYRE, P.C.
Arroangvs rr Lrw
Darwen Teclrouoctclt- CE TTER 468
7720 E. Belt-evrew Avrnue
SEco o FLooR
ExcL€wooo. Co|-on^oo €}Otl l
April 23, 1985
'lf
Andy Norris Vail Ventures, Inc.
1000 S. Frontage Road W Suite #2OO Vail, CO 81657
Re: Cascade Village l{etropolitan District
Dear Andy:
Enclosed please find revised copies of the Petition and Resolution of the Town of Vail regardlng the formation of the above-referenced District. The Resolution. has been revised in the following respects!
I
1. Liurits undertakinq of operations/naintenance activities of the Dietrict until Town consent
obtained.
2. Linits any refunding of District indebted.ness until
Town consent obtained.
3. Provides for dissolution of the District upon
payrnent of atl indebtednesa or earlier pusuant to
Townr s rights under Colorado law.
4. Provides that etlpulations in Town Resolution be
incorporated into Order and Decree creating the
Dietrict.
The Resolution already prohibits any expansion of Dietrlct powere without the Town'a consent.
I'he Petition has been revised to reflect a twenty
fercent signature ratio of electors and to lower the auoun! of
transportation facilities to $160,OOO pursuant to conversation
ln your office.
APR 3 3 1gB5
MANSFIELD. LTD
o
I would like to note that the Petition still requires a
legal description, which description is central to our ability
to identify other public entitiee which overlap the District's
boundaries. As of this date, we ltave only identified the Town
of VaiI as an overlapping jurisdiction.
Coples of the Petition may be circulated separately to
various electors to facititate signature. You will note that
the Townrg Resolution is attactred as an Exhibit to the
Petition, as we discussed in ttre neeting of the Town officials.
If you have any questions regarding the enclosed or the
execution of ttre Petition, please feel free to call.
Very truly yours,
WPA/cmo
Enclosures
cc: C. Michael Sayre
WiIIian P.Ankele,
Arn Pu.rya
Voil Ventures, Ltd.
10m S. Frontoge Rd. W.
Suile 200
Voil, Colorodo 81657
303-47tr602
To:
From:
Subjeci:
Memorondum
Propefty Owners in Special Devel.opment DisErict 4 Andy Norris
Cascade. Village Metropolitan District April 24, 1985
N_egotiations have proceeded with the Tor^rn of Vail and vail Associates, rnc-. for the formation oi--a Metro-p-olitan DistricE. our plan is for the uistrict to finance the construction and to- limited degree, oper"iion of
3. fixe{ grip triple _chairlifr acceEsing upper Vail Moungain from Cascade Village.
The first step in forming the District is to obtain approval by the Town. Town officials have requested thaL a petition be compleqed by "qualified" property ol,ners as an expression of interesE for the chairlirt proj ect.
Upon appr-oya] by the Town and Ehe Eagle District Court, there will be an elect.ion of the DiEtrictrs pro_perty olrners. Thls petition in no way binds the prbperty ovners.pTlor to the election. please-carefully rlvii:w the-qualification for an elector. your
"po.r"e'is also qualified as an elector regardless of ho# you-ttoia your property.
__.,, If you have any questig!9r please call me ac your earriest convenience at 476-6602, or if from Denver,892-0830.
ADN:fb
AEtachmenE
WARNITTG
DO IIOT SIGN THIS PETITION TJNLESS YOU ARE A QUALIFIED TAXPAYING
ETECTOR:
. TO BE A QUALIFIED TAXPAYING EtECTOR, YOU. MUST BE:
(a) at least eighteen years of age.
(b) A citizen of the United States.
(c) e. resident of the State of Colorado and have resided in the State at least thirty-tr{o days.
(a) A resident of ttre proposed District for not less than thirty-two days; or
(e) You, o! your spouse, owns taxable real or personal property within the proposed District.
Do not sign this Petition unless you trave read or had read to you the Petition in its entirety and understand its meaning.
NAME ADDRESS
a
IN THE DISTRICT COURT, EAGLE COUMTY, COLORADO
Civil Action No.
PETITION
I$ RE TIIE ORGANIZATION OF CASCADE DISTRICT, EACIJE COfNilY, COLORADO
VILLAGE I"IETROPOL I TA}I
TO THE HONORABLE DISTRICT COURT IN AI{D FOR T}IE COUIITY OF EAGLE AND STATE OF COLORADO:
Ire, the undersigned, eonstituting more than ttventy Percent (2OB) of the taxpaying electors of the District hereinafter deseribed, pies"ni this petition for the organization of a netropolitan district, pursuant to and in accordanee with part 3 of article I of tilfe 32, Colorado Revised Statutes, and in support of the petition state:
l. The nane of the proposed District is ',Cascade ViIIage trtetropolitan Distri;t;; in ragle couniy. Colorado.
- ?.- The proposed District wiII provide the following service( s) :
(a) Transportation (b) Sanitation, lncluding Storn, Flood and Surface Drainage (c) Street Inprovements
. 3. A general description of the facilities and inprovenents to be constructed, installed, or purctrased for the District are:
(a) Acquisition, construetion, conpletion, installation and/or operation and naintenance of a system to transport the public by bus, rail, or any other Deans of conveyance, or combination thereof, or purauant to contract, including buseg, ski lifts, or other Deans of conveyances, park and ride facilities, all necessary, incidental and app_urtenant
- f acilitles, land and easements, together with extensions of and irnprovernents to said faeilities or systerns within and without the boundaries of the District.
(b) Acquisition, con6truction, completion, installation and/or operation and naintenance of storm, flood and surface drainage works and facilities, including retention ponde to control surface drainage, removal
of debrisr irld all neeessdrlr incidental and
appurtenant facilities, land and easements, together with extensions of and inprovenents to said facilities or systens within and without the
boundaries of the District.
(c) Acqgisition, eonstruction, conpletion, installation and/or operation and naintenance, of street
improvements, inclucling curbs, gutters, culverts,
and other d.rainage facilities, sidewalks, bridges,' median islands, parking facilities, paving,lightirig, grading, landscaping, irrigation, and other street irnprovements, together witb all necessary, incidental, and appurtenant facitities,Iand and easements, and all necessary extensions of and inprovements to said facilities hrithin and t{ithout the boundaries of the District-
4. The proposed District lies wholly or part!.y within the following special districts or nunicipalities:
Town of Vail
5. The estinated costi of inprovenents are as follows:
Transportation
Sanitation
Street Iroproveuents
the proposed
r,600, ooo
faci]-ities and
$
$
$
2OO, 000
200, ooo
Ttrese amounts include completion, construction,acquisition and/or installation lf the proposed facilities,plus contingencies, inflation, design and Lonstruction en-gineering, construction manageroenf., organizat,ional costs,other capital-ized expenses inciuding acc-unting, legal and engineering fees, debt issuance costs, capitallzed Interest,reserve funds, and other incidental and rElated costs-
6. fhe proposed District is located in Eagle County,and is more particularly described as follows:
o.+
7. That each of the uirdersigned Petitioners does hereby
eonsent to the inclusion in said proposed District of any and
all lands owned by hin or her located within said proposed
District. Ftre undersigned Petitioners also acknowledge that
thls Petition may be signed in one.or more counterpart, and
that eactr counterpart strall constitute and original for the
purposes hereof.
XIHEREFORE, Petitioners pray that this Honorable Court
. will enter such orders and decrees as may be necessary or
Proper for the organization of said District, in accordance . with law.
III TIIE DISTRTCT COURT, EAGLE COU}iITY, COLORADO
deposesai?-;;ffi' being first duly sworn on oath'
- _That he,/she is one of the petitioners named in the foregoing Petition; that he,/stre has read said petition and knows the contents thereof and that the same is true to the best of affiant's knowledge, infornation, and befief.
Affiant further states that he/she knows ttre persons whose names are subscribed to the foregoing peiition] ah;t-he/she has circulated trre peiiiion, thit eich signature ttrereon was affixed in hrs/her presence "ni th"t ;".h ;;;"ature thereon is the. true,, genuine, and correct signat"." ot-lrre person it purports to be.
Affiant further states that to his/her best knowledge and belief the persons whose names are subscribed to the foregoing Petition are persons who are qualified, to vote at general elections in the state of corora-ao arra-wrro or whose spouse own taxable real or personal property within the area to be included in the proposed Cascaae iifiag"-r,t"tr;politan District, whether or not such person resides within said proposed District.
of
Subscribed and gworn
19
to lrefore ne this
My connission expires
day
(SEAL)
EXTIIBIT I
TOWTI OF VAIL
RESOLUTION NO.
llllEREAS, pursuant to parts 2 and 3 of article 1r title ' 32, Colorado Revlsed Statutes, a petition to a district court
of competent jurLsdiction proposing the organi.zation of a
special district in which the area to be included within the
propoeed special district is confined exclusively within the
boundaries of any'existlng nunicipality nust be approved by . resolution of the governing body of the uunicipality; and
I'{[IEREAS, the proponents of the proposed Cascade Village
Metropolitan District intend to initiate legal proceedings
relating to the organization of a metropolitan district
pursuant to parts 2 and 3 of article lr title 32, Colorado
Revised Statutes; and
VIIIERSAS, the area conprising the proposed Cascade Village Metropolitan District is located entirely within the
boundaries of the Town of Vail; and
IIHEREAS, the Council of the Town of Vail has considered the Petition and testinony presented to the Council;
tiIOW, THEREFORE, BE IT RESOLVED BY THE TO}fN COT'T{CIL OF
THE TOWN OF VAIL, COLORADO, AS FOLLOWS:
Section 1. That the Petition by the proponents of the proposeE-oiiffiiEt proposing organization of ltre- Distriet and providlng for street inprovements, sanitation irnprovements,Lncluding storm, flood and surface drainage facilities, and transportation Lnprovenents, including ski lifta, is hereby
approved.
Section 2_. That alJ. improvement plans of the District ahall b;ffiFcT to the review of and approval by the Town of Vail.
Section 3. That the District shall obtain all necessary pernite-@aJ.1prescribedfeesassociatedwithanyandalI.
improvenenta to be made.
Section 4. That att improvementa constructed by the Distr1cffiedeeigned,constructedrandwarrantedin
accordance with the etandardg and specificatlons of the Town of Vail.
Section 5. That the District shall not assume any operatiGfriid/6r naintenance activities with reepect to the
improveuents authorized by the Petition without the prior
approval of the Town of ValI.
-l-
Section 6. That the Town of Vail, or other public or quasi-pETETfrEity so authorized, shall be the "ofl
;p.rovider(s) of municipar servr.ces to the subject property, with
_al: :T::!tion of the inprovemenrs aurhorized ro be provided by Ene District, including water and sanitary sewer seivices, fiie and_police. protection, street rnaintenancel zoning and code entorcenent, and arr other services the Town or 6ther public or quasi-pubric entity nay provide to the residents of thl rown of Vai 1.
seetion 7- That the Town of.varr sharl .not incur any expens-eE-E-Tiffiormation or opeiation of trre lroposed District or its retirement of capitat oUtigations
' Section g-. -fhat the District, when organizedr shall not exceedffiariesorr,.'eii"Poweraalteiedinanyway
without the prior approval of the council of ttre Town of vail.
Sqction 9. Ttrat the District sha1l not, without the prior aFFEiET-E the Town of VaiIr seek authorization fron its erectors to incur indebtedness for amounts greater than that n_ecessary to fund the costs of the inprovenents as stated in the Petition, which anount sha1l incllae coorpietion,construction, acquisition and/or instarratio-n of the proposed facilltiesr plus.contingencies, inflation.-aesigr, .rra construction engineering, construction rnanageo,"it,organizational costs, other capitalized expinses including accounting, legal and engineering feese deit issuance costs,capitalized interest, reterve fuids, and other incidental and related costs.
Section 10. That the District shall not, without the pr ior _a!!i6-iET-6? the Town of -va i f , ref una-anv -inaettedness
issued by the Dletrict.
section rr. That the District sharl be dissorved pureuanGE-Ehen-applrcauie-cororado laws upon the paynent,dlscharge and satlsfactlon of arr indebtedn.r" bf trre oistricii provided, however, that the Town shall have suclr rights to lnitiate dissolution of the District prior t" irri" iir" ., ,uy then be avallable under applicable Colorado laws.
.9ectign 12. lhat the etipulations contained within this Reaolution ahall be incorporated into and made a part of the Order and Decree of the District Court, Eagle County, Colorado,establishing the organization of the District.
sectlon 13- That a certified copy of this Resorution shall ba-?-i:IE-:ffi' the recores oi the Town of vail anil subnitted to the petitioners of the proposed District for the purpose of filing in the District Court of Eagle County.
-2-
1985.
ATTEST;
RESOLVED AND PASSED thig dAY Of
TOW$ OF VAII
Mayor
By:
?own Clerk
APPROVED AS TO FORI,T:
,|,
,i
I
Town Attorney
-3-
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I
May 1, 1984
Mr. David Stark District Ranger
Holy Cross Ranger Oistrict
Post Office Box 190 Minturn, CoLorado 8L645
letter of April 27, we appreciate very
in clearing up the issues relateil to the ision notice of LO/L2/83.
We have noted the requirement regarding arnendment to
the Vail- Mountain Snowmaking plan, and will handle this
concriiiEiETf€R-" bui subilIElir- or the 1984 surnner operating
Plan.
With respect to your Paragraph (3), may I remind you
that our core Creek Pumphouse Conditional Use Permit from the Town of Vail commits all- of us; VaiI Associates, Town of
Vail, and the u.s. Forest sffiE6, to a joint effort to
study Gore Creek stream flows. I concur that an inter-
agency study such as you suggest would be very appropriate,
and carry more long-term credibility, than would a unilateral
effort. It might. also save the U.S. Forest Service some
dollars that could be used elsewhere to better effect.
Thanks again for your cooperat,ion in this matter. We
all hope the Westin Ho Trail wj-Il be a real asset to the
Vail community.
Sincerely,
Robert W. Parker
Senior Vice President
RWP/k1
cc: Rich Caplan"'
Harry Frampton Larry r.,ichliter
Andy Norris
&
\AilAssociafes,Inc.
Creators and Operators of Vail and Beaver Creek
Regard.ing yo
ch your dili
Post Office Box 7 . Vail, Colorado 81658 . (303)476-5601
@ffmpt*er District,Box 1-90, Mlnturn, CO 81-645
1.
2.
Mr. Robert Parker
VaiL Assoclates, Inc.
P.0. Box 7
Vail-, Colorado Bf65B
Dear Bob :
I am forwarding herewJ.th Forest Supervlsor Woodrowrs amended decision
on the Westln I{o Trai-l. Specificallv:
The approval for tralJ- construction Ls not condit ional upon study
and implementation of rninLmum instream f l-or^rs.
The lnstream floro issue will be addressed in detail- in your eurrent
uaster pl-annlng effort, which wllL address ski area expansion, and
resulting changes ln the snowmaking systen.
Forest Hydrologist, Bob Russel-l-, together with llo ly Cross District
personnel, will write a study plan for Gore Creek this summer ' and
we wil-l begin to collect data on that stream, This wi1l. be done
cooperatively with interested agencles, although the speclfic details
of the eooperation have not been developed as yet.
The Decision Notice of LO/LZ/83 ls anended as follows:
Snowmaking shall be instaLled concurrently r^rith trail construc-
tion. Vail Associates, Inc., shall submit to the Forest Servlce
an amendment to the Vail ldountain Snovnnaking Plan (Environment
Assessmerrt dated, 8/L8/ 81) showing this expansion, and any change
tc' ihe approved sy6tem. Thi.s amerrdmen'L must be approved prior
to construction.
aerlv ro, 2720
oate: April 27, 1984
J.
4.
This infornation
Westin Ilo Trail.
unchanged.
S{ncerely,.\ ,/)t2nu-tt- ( c .
DAVID A. STARK
District Ranger
should take care of the questions youtve had on the
A1l other requirenents of the Decision Notice remain
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FS42S1r (8-S)
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