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HomeMy WebLinkAboutCASCADE VILLAGE AREA A PARKING ALLOCATIONS LEGALCascactre- Vi\\ac1e- Acgc\ A - Gcrw,cct\ ParY-'.nq Ca.\ Lv / r+ttocc.bncnS 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 **l 9 !--- i .!. - .... I i3i E;cf F E9' i?EE E is" E E ;:: e;is I bi K I 9-rt ;ie:VAIL CASCADE RESIDENCES 131(l WESTHA\,EN DRIVE VAIL. COLOFIADO ftn t-{ [n IF t> lz lm lo tm tz .:'':: ItE 'E EE' #€ t.l ig *E *E 'E -I iEis 9.; Dil ll FE: gI =:-,!--l l--' - -i - + i i.I rl-t -r '', r,- i -- t! I I I I I I lr tt -lli ??? I !ti AAA PT l||= -o €) *i +t -t iillE.l "' li tr 6. @ VAIL CASCADE RESIDENCES I31O I|!,ESTHA\,EN DRIVE VAIL. COLORADO i*[4RK)*,.", i:ll ,,i ' ;:E: '.s slE::;? rtd 5t, d Eclq g. ry l\) I --t 9=.t :5 5i!: i t lttb :- i F8 =1 -d n9 co P= i Fdfl p8 :Ei =3 ft9c :U 4HF sg ese Qa 3.!;i s 9i. "4 i-E 61 4: d I = I I E I d a it g= rg 6I =\ z o a rn l 6 z l* tr I t" ]P t- ali I lul #$$ 5$ ;R '- 9i FR ,in I f; E6 d4 !; Eft H$ t! OF rl i!d I s 8s*E iEE l Ic1 , ;k q r re i!{*8 E g 8F A ; 'F ; 'i -,r -t;l gF fit a€ 'e E 6 $$ Y !q c9 i4 gE !r d:;gt| Fq; r*F !x !_ 6 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. 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ITC 95! SOJTh FNC TAGE FOAD WEsT. VAIL. COIDFAOO !16,' '1 '<l i CONDOMINIUM CASCADE CLUB MAP FOR CONDOMINIUMS UNIT 3 + -?1.lD. 'n ___t__ rd LEVEL THREE SC^LE ' fr 15' -F i' I I I '.1 - .: l'-..L ;r i'il" J;-,"'-il--".- -k--.' #__," -sp.-il'il' I I I n-I 3 lrola i TJI * flr \-v--r LEVEL THREE AND LEVEL FOUR FLOOR scALE t.. t6, t.- _----- "' 'Xlr'" .,trl I lr ll D I ed I t: t- ;r--- --- --.l j#i''i -[.191 $'".," 'iliirlf llll I l--tl tl I I ururr + i ----;",."."-..-...,'"i--rc + I r,l -- + rcr rr.e'!.-lu "! artt dr9rao ^ra^ tmrc.ra, aio$ sr[.rr ri ttooa alar.rfit UNIT 4 . EAGLE \CLLE' EIIGINEERIIIG AND SURVEYIIIC. INC 955 souTr{ FFoNTIGE FgD trEsf. vAlL. cot Rtoo 8t6tt7 LEVEL FOUR PLANS CONDOMINIUM MAP FOR c L._ LEVEL CASCADE CLUB CONDOMINIUMS SECTION AA J E-EA;=..- SECTION DD I I ,j FIVE SECTION CC LEVEL FIVE FLOOR PLAN AND SECTIONS scALE 1". 16' ';:r'-* , ,-'=\-Z t,\. l.,+ -\_rtary \I. i /r ))+ | \. 1/1, **, *,a.*"_,t cm,i i.,c{l! " ; a u rr 4 l.l, "r' o"''@' '\e ; -r ll: urr "i !!v;!_J1! ^ ut{lT 2 t u|ltT I it,. | /.// -\ \rl // : 'f -o",.-.. ,".,o"0, ! :utTt ! SECTION BB EAGLE \rALLtY ENGTNEEFTNG $tO SuRv€y||{6, tNC qa! eorfi. 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- ?o'1,, firY^ € 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 -i'i- FS42S1r (8-S) r]E.G.HIRSCH o Htm:efi'#R: STRUCTI'RAL CALCULATIONS FOR CASCADE VILLAGE INN ( FOUNDATTONS ) -ffrfrfih -;''r, "1.i."-is ,r \( i.;;';;.".::iC o Pier lVz, The Embarcadero, San Francisco, California 941| I tr (415\ 362-6373 kJkh#Ff#o BY: [elvF CIIKD: * la- t,-^. lrl-t c-.+f> l€-. F- l'^a T- r 1,11 A'LL ( Ru>e-, T3u I LD ) ^l C-r. \*.//4- LL L t;-.r 1;., t..a: a-D Ptz r-,.r*,r 13 t--u(,- | tJJ-t- - I>L Fi. rt', )tt ,L-; x|/z x 16 +,D+ ) --.8,{ (r,n,,l.,-i." )-:.>< rCr;rJ +, d7t ): l, +/ izcnr: 1 L *.tr/1r..r J z.a x-t/1 a (taz- ,i ,i tD,Z ry ;Yw \/./1..r-- r- l+T-, td|?-* D . l?y I?.. re'i-. 't,rl ,,!LL Prr..o G*r:?-.n. F.r 'J-e] f- -< t. 1s 1'=L-1- Et-.D&, Lall p i rft I t: 'z-fll,f] =-tt +- l/,La : L2,47 ' 5 u ,'z-c- 11* l)-r't-(-t7.-.?-€ a PqF i'- o I-lLL ft l. I O BY: tl Pler trh, lhe fmbar.cadcro. 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'-' : .i.-l F; -r=_i.: i i ? n.,-i r,i -FiE5 i rf ;4'_;" f -U!.-=,r I : !!l:'a . I r-: r_: ,_: ! r -t_.Liii '! li. r ii. E T a_ . r_r r_l r-- | Lt- . .-r'-tE:-r .-. '-:.=.:, r: i i': r-r;-i i:l_l::;+::i, Li" -i .-t.-::: i = t. ---: i t/ l F: -=,= i:! l'i - 1..:!- ::, F -HilE tr* T l:' r - t-. :.1 ii F. !-'H r-. :-, t-- ii. ts l. F -TIi O Ff ri:; F -T[T tr '::,/ ist E . Lg.-l ilii" r.tH:.:r H!li-i:-, BY:Z'v,t i'CHKD:JOB NO.: el PAGE / OE- pgr1..fl*'z-o-8,e tTBNAME SUBJECT:l? rt-.T, [a/ A-i-L ( F.4 'ae-t{ , t?r'r .) Tae arG j,L x 4,5'x '/z--'8'€ x 1,1 :r,+Ytt ) - z+-o z(tr{tt ,7 t)t U atz- - r!.1-r1:ii !; ri-'- E 1.r- n,!: !.L-.t Li-.:.. I r-t | ! i_ i i:_r'l i.ii.!I: ' -fr.* ij" +:.il_i i-'i';i =,= FF.:= i:1 FF;i:t 3; Il- -i- a:-. -r I -tlt I -tr' l- il -r =t: I t =H:--i isir:+,rt Z t4- 7tO t4'en*t- t X lLr L1 =.(fu N = .L, A X -44 4, 1|d-zo,; " !4 ue :51 Lz x t/"_- jLxl,1>'t" 41,2 " E- ','L4;-/, ;i t'L.j:: ;1 - !:;-in t.iLii: iXR i.itii: filF.i i.iiit il 8..H7 '-a 4t t) C:. T = , t-cs -l ! -a.ii i -l:L' =1, -:;'i i - r'! .:' ,/| f? c .f r"2< tli T: it ,$y t ..i .:, i:: l!. i_r arrr :' nLG.HIRSCH LJI&ASSOCIATES BY: E,D.l r-:-JOB NO. /,\PAGE / U OF E Pler ltlr. The Ernbarcadcro, San 4--'z-,t> - I a \a.l * t-t- 3 H lec-tL. - =;-:E:i:Fi.ii::: - !-'qI:l::: FF:T:}: - -: l-: i- ,_ :-1 i- ia. :. : .1, !; : :: j.. -. - i.i !r: Ii! -, !.' i-.: ih' it r i:[: .ii I i.:!":ti::-"i.., ." ' Ei=' -i: i ! '-:-.: ! ! '-: --i ...' '+- !:".,- l-: :-: i-' . _i -.- - jji .,i i'i a i.ij i.l Ir5 Le A \y Au= z.F,€3i+3 l,z: a = l-r gx ?z^t/-t= I J= {*,f " , t{o ozl x l,3i f i.,r l^1,) . ,21 = 1Z?, 'i z '1 1 r .:.e- I &" -- ,2-9 o d Vr] /tt-t^ n/r. 4 E-t^; x-L + ?- p./ x3 : ZUt;2 n- = lf,]t{ 1,, = I,IZ */x - u1E- ts 1e 1" = l,'3'2. # Bg IA" (uo^ta-)'=,f3 ;5'a= la t z,f {{ $-I--r =tiU - t: .:' ,5'r a) =- i+ .,t., 04- = = lTAe+, Yl'\rp ee-T -t)pF Dt+f , F /z_<:,t-a -T'6':F a* +e . l,r.i = ta*Y lb,L7-x,t/-- ,'t,L =- 5, {-4 xz +atrP ]-tr Ne = I L,'1 , /;9a-rT 7 !4." -2 l'?, *z,t- I lL,1 a o LF to,r& xt3*''- -rl7 6):.Lrzrr.r!<t\-1-.Y'.-.l-.-. L FretB=-,zt 0 Pler ltzt, The Embarcadcro, San Franctsco. CallfOmla 94ttl O (4 gy le F,l f'-tl PAGE / T on_-JOB NO. : P*.r-.-*f , \z.l ,.\ 1 ,, ( l-4tt-t.r+ , P-Ff ,)SUBJECT: #€ ets" flA et s" z-fi'6 2-p f trge trs ' I€, i=, o t STRUCIURAIENGlNEERltrlG n net rm.rfre Embarcadcro. san Franctsco. Calbmla e4tnE],(4ts] 362-63?i JOB NO.:PACE oE- DATE:(-/^ync--z1-t> E ttJNL-r- Ltruta 2 l?- =- &=I z l3t-V6-, Lt,,t,'1- Lon-p,v,t't/ -. tl 's )" $ (@ Tt-zu++ir.-9) Eo-u, w, V,,l t+wt-t 6f * tlc.Trt xe hl A-uw Fff, :-7 77r w/o Trr-uri5 rL( =3.6t,/q; t>tt ?-+' '7 I 5t o = 3a=IZd-ur r v, w) *u+- lt-j*, t t I ? nrcHrRffiH NJI&ASSOCIATES a gy, Rt^jP CHKD: tr Hcr ltz!.lhe Embarcadero. San Franclsco. Caltfiomla 941il B JOB NO.:l2-PAGE-3OE- SUBJECT: l-l At tZ, ?- ^r/ B.,-F6-. l-aArD l.r.liLi- HTr Tl-i .:-: ,-,Fr r-!- i:.-: !ii'.i- i,:'l-" l,lili i = F: i i ;-!!l H i= -.;:!.'j i-.: -t= tl F-Fi!::---.-. Lt*tt= ?- 4 t)t- til . F.:-te r.e. ver Lol"o iT"l *: i I;: TnI i:'!;jll._:+i:Iri J:3- i.:,} ili.i, ri:i, ii;iiLLs i : Ll.- r ._r:r: . ' i. i--r-i*-: L:- HT: :-;il;.'ilii. L..L - i i.;; L.Lii' . Li. q i'iiirnLL o l'! -EE5 F -iiilF; fi.::I: F -r-:ili-i F i- l-: ::, ::, F -T=T i.. E i F -TNi - t i t |i !I I I o c\LG.HIRSIH LJ&ASSOCIATES By: [a kr F JOB NO.PAGE--ON- oerg: lo-3-to .roBNAME, Ct+sc-z+-,>/7 t-->.+-t,^ggg.IBg'I,. P t?--r , l,^/ A- L- C - L- I ^J f-- d Tbu\J./-r, Lr rt n- Lo,xo = u. t v, lz..l ,+r-u ,7 1t3 + +' foa Co,ur-, ?aY9,=-+ +- /\-<-l*l.I"A l- t*F,G . (b+, -:-_ \, r { o n ner lh,ftc Embarcadero. San Franclro. Catlhmleg4llt E rGHtRffiH &ASSOCTATES Itzi. The Embarcadeto, San F "". Etr..r F HKD:PAGE OF JOB NO.: DAtE. to-3-8, JOB NAME:e/y5 c-n-r> tz sueJggl; [e tt*i, ta./&l Q -:L I t'-l t7 ; 1.- ii . ::-:'i-: i-:I:l'i I-i:-i.-i i r..:: j:: i ij r_- i ir:, ij._j : :-.i I:,: .i-i. -: il: .-i t_i = r:t .:r L'N IA i- 4a s,t-oc>, Lo*o l' T t-' - | !rj iii:-:l- L i"::: i t-i 'i ._r ._l i L.j', { - :.,J-- -.-.,-F : i- i-.: ! i:a r : ri r- r=: i !+l-'[_ii j i ':q t; :-: -: !!!: : i'!- ! i:-:1 , !*i-i i i_,i'i! :.+ : s t+i'iLL: - -l L:_ i -r:_' ' ! Lt-t t t-ii ! i l'a :-.i ii-::- i i i .:. LL i- ! : .--, u !-.!- ri,, i" !:_:!:: F -tii-:;t P;55 ':: .i. U c tlilIF;- itr f lii i-i.'+ t-! !'i]ifri : !..i i'i -!- !i t_ '| :: 'j ;' L: - L' !- i.: f.,- i iii ! i I'a L- -a.f';qn T -n Ji. trF.i; i- T i' - l-. Li t'! l-l o F - t'i.-, ,-- -.: ._: E:i ..:,.-r = F -T--i -: -:: .-J r i- ::.- r:. ::1 .' i... E r t_: : L; !-: P -TilT i-.'i i i- i L 1.. i':iii-i-.: f : l-L H ir :;U;=.r-,*. i-. I ! !-: r_: : - -Hl i : i-ji+ -. -- -.i :-l r_:iIfFia: ltJ- :-:. -i ii .-'! iii,: i i'i -; ; ; I r t1.i- -''i F.-::-rr-:i ._i .: i-i i..i : F -H[F; F F:i '-::I :-: i- r_: r !-'-t ::i+ . t.i "i-f i"i:: ; .:, -l .-: .trtr i= -Trr ao/ E.-,Db, EGHIRSOH &ASSOCIATES ltr, Thc E nbarcadero. San Franctsco. Callfomfr 94lll ff BY. RvJ i"CEKD:JoB No. : 19 c ta pAcE l oE- 1,gy1.i I D '' L - I' d tOB NA'g. a, A-€ r-A-r) r; suBr'cr: € oL, 1a4-8]!(Toy/+t- L.a ,+-n) fnoou<-p-D Ltvt:- Lor*o (reuu) Wtl'tY"'L€ fac'3al'"€) t--l Al rEc' (L li-x-ar'LP}' g T'lLU4.- t:( { € t-r^,o". _]t!J D+t*L'EiVn-u A lz. re. e. R- .'.' j z- +1 ('-'*Fr#i: +z f, +1 +7 Tz'T-,*t* = Zj:6 ( z-i <r) ,4, t?l ao)1:I /\l M e t ! ,u ft-g I b, 1? *?Cl /f, Q!t-9o Lttte k,{ @ tTdTzn-= n3 (eas"\ o v z-?Dtf ,.o7{z? 1^3 rf ,475-,6i 5-zA-JI 7s 3z-t-,o3 f,z4-rl ir ?l(tr ,u7{z+lf 3r I t,(,t0 ?- 9-33 ,1 Lrr=.rrz_Yl g n,luttt) r2.tr?--?- * t-Jll_r=+LZ 1 2q/tDTg | ,ttt t4 zu € (*-, u a d q) L lxt r=- l i <-ao , o-7 F-,l o ?_<_z1 Fl (+-o +*\ cEG.HIRTH LJ&ASSOCIATES E Pler th. the Embarcadcro. San Franctxo. CaltJbmh 94ltl El f4 9y. Rnt t= CHKD:JOB NO.:t PAGE * ON- oon. lo-3- 9o ;loBNAuEt (-*\C-A->E _ guBJEcT. CcrL, /-(' /-t> 3 TrLU a3 :->) Fl r:)e IL ,:- L G.V IA L-lx, rt o /+ Lt^4t'-TOT/r.r- DfL bL- lu- | l"_LL- I Dt-Rt-u R €t, cs I L) l'r-' o7{a +L $t> +37a rc*t Oi?-zdl ti *z -?.,ij ,l ,l ,6zE fct It €? e Fjj ,oZb ttz tt ti-s 2--t a tl0 2CI z7 +7 z*1 ({as, 7 L r^.i ta 3 e' G A t+ 17 t\3Sa tDtF ,o'7f {zb il +'Al l\,a?f-,D4-=7 +lf j LTL l1 ,l , aj7 t"7 It)?_1 z jro /l . r:'a, a-'?- l-t'z-s8 1 71t>l!,lo ?z 71 FI t Lo (t-o 5/-r? 1 lrrE a-- l. /\J te P e l?*t P taeK f t4-t Lr-r.'z-n+) LtHrl:- .P cl .?-tr r:rzcr<Lt +-' 'srz-xun+)1Q-7 (Stu'rvt re_Z(.o ,Dt5-,O7 f t-242 24, +I z-t ,o-7?,o +q f r+ q 7t ^lr Ir t 01'?zo lo 3o e ?_c o tl , oi7 Lo TO 30 ze,+l1 ;t o \:-2l zb +1 I i3t't-,utr>'l D 2-a j8 '67 f ur (1!-+ IGHIRS'H JOB NO.:-paCe-3-OE- ntrn: la''3* *a ;roBNAME- Ctx+e>A--Dfr SUBJECT: Cr @ Ttzu 3s rzS LIN tz E Crz,t;., wt)t-L (l+' Twt P,, 1-to-^'cru ) rcLr U Pler ttl2. The Embarcadero, San franctxo. Calthmla 94lll tr f4 LEtttz v trt-n-7"- Lr ^1 t?Ja'izt-t-b t-L.DL.r- L_raL \-D(-fL r- L.- 3 35o ,otT , 07f €zL 3t .T l-z-t t o7f-.a+a 5 l+ 3 IA6 ,l tl i+e z-7. z jTa , a3g-ZL lz 3A (t-t5 ,t0 I3 I8 3t I tt'Jie- -I Ltq-' r-lr.lrs r LEN.*"ro') (p.rn L,<t*uu]. . zjl t< I<Zt t>. al';r 67b-IL t4 d*I Alrr , o?f toF IL z+ .i -z- t o ,l IL Z-4. z '7-t a IL e,'z'4- I 2-l o ,a7{tlD tl '?- I i] Pt--A4*ZID ,z7i=,ZScz €8 53 ill L-l /\J rE" z E.D(c.rL|'l e- T-,"t-u.+1 rrL$( t +' 'l-rr,t ll, {,-rr-$ 6-r.u.] R ql ,tsl{, 07{.2_1 7 +,a75^, o4-, j t1 ,l ?ql tl t1 a 4-fl t?r tt 'lr 14.L&3l ql cIEGHTRSH LJ&ASSOCIATES o El Pler ttlr. The Efiberodero. San Franclsco. fi!-. lZvtt F CHKD:JOB DATE: .tgg 4_PAGE_I-OT- ' C .t- --. NO.: NAME gilgSgg,g- (c: u, Le' a->c Oc t-, L z+4- L L tZ-\/ rtz- r*1> t--L L1 LJ LJ &1 73j (/ *) ,l L L- | Iz- t-t-, o aL: 'L/z-z- 4 L/e,a + K,/z+ AoL, l>l\ I -? ; t I & A *t .?, 51 4-1 50 {a {7 I ZLf (olsa t:4 3L 3A Hl (etsa SIRIICIUML EI.IGINEERINC n q!e' tl+. rhc tmbarcadero. san Francrsco. cattb-t" !4!!€lflEljggzl ^.!l BY: R-I^JF CHKD: JOB NO.:-PICN f OE- DATE: JOB NAME: SUBJECT: C.-c L , /--a/\-D S )GL , ,J/ 7 L lE-rr ra t-r",rztr A. LJ ^r l7 'Tor*c-b -r-L.DL-L\*ILLI-D.--I?, t-u- +*eo ,07,,o4-JD lb 4-L t,71 rf 4"4' j6o ?1 rr +t- l.11-,lD TJ 7 2-c) tt4- (l'x'. Cc;/-, J,/ t --:r t3 +13'O toTt-tE 4-to F lg- j ,l l0 F Itr' z t(l0 5 t9.. ) 7 tl o ,D 5-tf f*/::3 (,c,,r) G,, (+' - z (+-{,q 6 ( L c z-4- (i'sa' 4^ (+lsa. o rriLG.HIRilH L/l&ASSOqATES .-, -V By: rZ 'a, F CfiKD:JOB DATE: JoB NAME: PAGE OE b E Pler ll4. The Emb <adcro, San Franclsco. C-'c:t.-, L-a 1- Co t- ' K,z7 ) 7- 4' t7 Ltzvrz-t-*jLtz-4-u^.r IT -T- o T.+ L- D l--L"l- t-re. uL-t> u-ra-LL R azZ-L , ott ,o 7€f z+za T +ta )07r , o4-) 0az jl t3 ++ ?.40 tl t,l OjL il t3 t+ 1_,tl tt r1 ,O4-7 {I+ I t7L ll rl A tj ta ?'t . )t t tz* (ttsa Cc:t, L/ t+-*t7 tr'5+tOl$-t o-/f 't7 e{loz +Q t-- t,toTf ,o zl-to'3*7L I+*o z iTo ,I 4 'D3?ZL tr *p z z o?)rol*I{o z3 I Qtt I f-r I tt 7 I'D I1 z2:?-(at5q' Gc>t-, 1.4 +zj z1 zo1 (e'sq. EjrcHrRsH L:I&ASSocIATFS o BY: f{hrP JOB NO.: DATE: JOB NAME ' C A----c-lt-'r3 tz ST]BJECTi COL' LO ^,D 5 1 Ptcr r on-T- fr Pler ltA.Ihe frnbarcadcro. San Franclsco, Cot-K,z/tq-,rq'14,9- l- R-v lF- c-&-n.nn- aJ ^l | 'l'aaTt*t-D l-{*f, L-LL-fa l- [r DL.IaLL ) "- (;;'9")C 7 4-')'o-/Y tlO ?,L j+L6 &o (+',u' 6t>2, ''F.I 4--4' t7 t2 +1 L 'otf ,b7f 1 JL 4s 4-.3,- 1"1 t o7f',OF a 3 1 7 T,;D tf tl t1 t5 Z I€D l1 aa l{-L t> I feo t(tl o 4-a l-rL 78 'teL (a' sa'. 4- *t7 k_z-4 4-'+t8 \,,\llNr,covut,9 l%- 9-o 4Ea'