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HomeMy WebLinkAbout2004-10-19 Support Documentation Town Council Evening Session PART 1 OF 3 E!/ENING SESSION ~4GEN®A ~:®® P.It~., Tl9ESf3AV, ®CT®BEfa 19, 2®~~ ~9AIL TOWN COUNCIL CFIANIBERS 75 S. Frontage 12oad W. bail, CO 81657 NOTE: Tunes of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • fTENI/TOPIC: Citizen Input. (10 min.) 2. Greg Hall fTEi~/TOPIC: Streetscape Update. (10 min.) 3. Jay Peterson fTEflA/TOPIC: Pulis Covenant Removal. Amendment to George Lamb Covenants, Vail Valley 3`d Filing. (10 min.) 4. Russ Forrest fTEflfl/TOPIC: Conference Center Site Planning and Design update (1 %2 hrs.) ACTION REQUESTE® OF COUNCIL: ~ Update the Vail Town Council on progress to date regarding Master Planning the site. Instead of a final plan, the Design Team would like to review several different options which impact the site plan before finalizing it. ~ The Design Team would also like to introduce three alternative architectural concepts prior to reviewing them in public meetings on .October 21st. -The Committee would like to update the Vail Town Council on the groups discussions regarding governance of the facility Finally staff would like to review proposed next steps. 5. Matt Gennett f'~E~i/'f OPfC: An appeal of the September 1, 2004, Design Review Board (DRB) approval of a proposal made by Vail Viking, Ltd. to build a new single family residence ("Keck Residence") located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5~' Addition, by the owners of 4839 Meadow Drive/Lot 17, Block 5, Bighorn Stn Addition, Robert and Kathryn Valleau. As adjacent property owners, the Valleaus have standing to file an appeal. (1 hr.) ACTION faEQUESTE® OF COUNCIL: Uphold, uphold with conditions, or modify the DRB's approval of the proposed new single family residence located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition. BACKGROUND RATIONALE: On July 21, 2004, the applicants and their representative, Dominic Mauriello, went before the DRB for a final review of a design for a newsingle family home on the applicant's property, Lot 14, Block 5, Bighorn 5th Addition, and received a vote of denial by,~ the DRB. The applicants and their representative were directed b'y the DRB to modify their design based upon the input voiced by ~a group of concerned, neighboring property owners present at the hearing. On August 18, 2004, the applicants. and their representative went before the DRB for a conceptual review of a new application for a single family residence. on the subject property and received direction to adjust their new plans to further address the concerns voiced again by the opposed group of neighboring property owners. On September 1, 2004, the DRB approved the revised plans submitted by the applicants for a new single family ~ residence pursuant to the Design Guidelines and Development Standards Handbook of the Vail Town Code, in addition to the modifications made to the previous design in response to the extensive. input. STAFF RECOMMENDATION: Staff recommends that the Town Council uphold the DRB's approval of the proposed new residence located at 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5th Addition, as it meets the pertinent criteria of the Design Guidelines and the Development Standards Handbook. 6. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #24, Series of 2004, an Zehren Associates ordinance establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2004. ~ BACKGROUND RATIONALE: j On September 13, 2004, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 38, Manor Vail Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. Upon review of the request, the Planning and Environmental Commission voted 6-0-1 (Gunion recused) to forward a recommendation of approval of the request to establish Special Development District No. 38, Manor Vail Lodge, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 19, 2004, for further details (attached). STAFF RECOMMENDATION: 2 The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2004, on first reading. 7. Matt Mire ITEI~ITOPIC: Resolution No. #20, Series 2004. A resolution approving the Gore Creek Place Development Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the' Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek owned by Vail Associates and Affiliates. (10 min.) 8. Matt Mire ITEI~i/TOPIC: First Reading, Ordinance 'No. #22, Series 2004. . Adoption of Core Site Development Improvement Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. (10 min.) 9. Matt Mire ITEM/TOPIC: Resolution No. 21, Series 2004. A resolution approving the Parking Capital Investment Agreement (the "Agreement") befinreen the Town of Vail and Vail Associates. (10 min.) ACTION REQUESTE® ®F COUNCIL: Approve Resolution 21, Series 2004. ~ACKGROUN® RATIONALE: Vail Associates has agreed to invest up to $4.3 million to augment the Town's public parking capability, pursuant to the terms and conditions contained in the Agreement. The Agreement can not become effective until it has been adopted and approved by the Town Council via resolution. STAFF RECOMMEN®ATION: Approve Resolution No. 21, Series 2004. 10. Stan Zemler ITEM/TOI'IC: Town Managers Report. (15 min.) ~ Skateboard Park Attached you will find a letter from our risk insurance provider stating the skateboard park is no longer insurable. Thus, the park venue has been condemned and carted away. In the '05 budget overview, staff has recommended returning the issue of the skateboard park to the Capitol Committee for site recommendation, as well as moving the '07 RETT funding forward to '05. - Construction for Dobson fire mitigation has begun. Formal budget authorization will take place with the third supplemental appropriation. - Council Contribution Follow-up Please see attachment. - Outdoor Primitive Ice Skating Surface At the Capitol Committee meeting on October 7, direction was given to staff of both the VRD and TOV to assemble cost estimates for an outdoor ice surface adjacent to the golf course clubhouse. Additionally, Council has received input from a VRD board member following VRD's discussion October 12th, with further clarification from Jody Blackburn, VRD's finance director. It is possible these costs could be reduced considerably for this upcoming season if: 1) Dasher boards are eliminated and a natural snowy berm is created. ~ 2) Grass seed or artificial sod (1 time cost) is used rather than regular sod. 3) Under the "Electrical" category, the first two items in re: to switch gear and lighting panel are already to be j eliminated as this was work that would have to have been completed to bring the facility up to code only if the bubble went back up. It is not required for an outdoor ice surface only. 4) Under labor, the proposal for VRD to supply 3 workers and the town 5 workers. With direction from Council, town employees can be used for this project but will be displaced from work assignments already in place. In the past, as well, staff has been asked to give an overall effective cost to the town, which is why the labor is included. The elimination of the above materials amounts to $16,230. Please see attached the original proposed construction/set up costs, as well as a "Proposal and Operating Plan." 11. ITEMITOPIC: Adjournment. (10: 30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETIN WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 2, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information Protective Covenants Vail VaIIey 3~d Filing Summary of Changes - In general the common practice has been, and will continue to be one where the Town of Vail monitors and controls all new construction and renovations under the applicable zoning and guidelines. These stated changes would bring the majority of existing homes which are technically larger than allowed into compliance. #1. Section 2 is changed to delete the square footage restrictioq of 3,950 and to allow properties to be developed and/or renovated under the then current Town of Vail zoning and guidelines. #2. Section 5 is changed to simplify the wording to state that building approvals are obtained through the 'T'own of Vail design review board. #3. Section #10 is changed to provide for a more realistic time frame for the completion of a home or renovation thereto. The change is from 12 months to applicable regulations of the ']['own of Vail. #4. Section #13 is being deleted because all the lots have been sold and the Developer/Company no longer exists. Q Upon recording, rettlm to: FIRST ANIENDN)ENT ~TO PROTECTIVE COVENANTS OF VAIL VALLEY -THIRD FILING TOWN OF VAIL EAGLE COUNTY, COLORADO ~I This First Amendment to Protective Covenants of Vail Valley - -Third Filing Tiown of Vail, Eagle County, Colorado ("Amendment") is made to be effective as of ~ _, 2004, by the undersigned property owners ("Owners"). Recitals I. The Protective Covenants of Vail Valley - -Third Filing Town of Vail, Eagle County, Colorado (the "Declaration") was recorded with the Clerk and Recorder of the Eagle County, Colorado, on August 30, 1977 in Book 259 at Page 68 of the real estate records of the Clerk and Recorder of Eagle County, Colorado. i II. Pursuant to Section 12 of the Declaration, the owners of a majority of all of the sites in the subdivision are entitled to amend the special conditions contained the Declaration. III. The undersigned Owners constitute the owners of a majority of all of the sites in the subdivision and wish to amend the Declaration as set forth herein. ~ Amendment The Owners hereby amend the Declaration as follows: A. Paragraph 2 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety; as follows: j I 2. On any site in the Subdivision containing two dwelling units, o e of the units shall not exceed one-third (1/3) of the total gross residential floor area allowable, as defined by Ordinance No. 8, Series of 1973, Town of Vail, Eagle County, Colordo, as amended; however, in no event may the total gross residential floor area exceed 3,950 square feet on any site. Where two dwelling units are proposed on a site, they shall have the appearance of asingle-family residential structure and may not be "mirror-image" units. is amended to read, in its entirety, as follows: 2. On any site in the Subdivision the total gross residential floor area on the site shall not exceed the amount allowed by the applicable ordinances of the Town of Vail, Eagle County, Colorado. Where two dwelling units are proposed on a site,~they {00153210.DOC ~} 1. shall have the appearance of asingle-family residential structure and may not be "mirror- image" units. B. Paragraph 5 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: 5. Except for the pertinent ordinances of the Town of Vail, there shall be no general requirement as to setback distances or location or improvements with relation to property lines, provided,.however, that the location of each improvement must be approved in advance by the Design Review Board. In determining the proper location for each improvement, the Design Review Board shall consider the location of existing and future improvements on adjacent property, and such other aesthetic considerations as it may deem appropriate. Careful attention shall be given to site location of each structure to minimize linearity and to protect privacy, view corridors, and protect natural land forms and vegetation. . is amended to read, in its entirety, as follows: 5. Improvements must be approved in advance by the Design Review Board of the Town of . Vail in accordance with its then existing rules, regulations and guidelines. C. Paragraph 10 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: 10. All structures commenced in the Subdivision shall be pursued diligently to completion and shall be,completed within 12 months of the date of commencement thereof, except as may be waived in writing by the Town of Vail. is amended to read, in its entirety, as follows: 10. All stnictures commenced in the.Subdivision shall be pursued diligently to completion under the applicable regulations of the Town of Vail. D. Paragraph 13 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: 13. The Company or its duly authorized representative may lawfiilly prosecute any proceeding in law or in equity against such person or persons or entity who shall violate these special conditions, stipulations, and protective covenants in any particular, and may recover such damages as may ensue because of such violation, including costs of suit and attorneys' fees. is amended to read, in its entirety, as follows: 13. Deleted. E. Except as modified herein, the Declaration remains in full force and effect. SIGNATURES CONTINUE ON FOLLOWING PAGES {OOli8210.DOC 5} 2 .. a C The Owners ofhet~ ,Vail Valley Third~Filing, According to the Plat recorded August 30, 1977 in Book 259 at Page 69, County of Eagle, State of Colorado. STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) On this day of , 2004, before me, personally appeared and ~ I who acknowledged themselves to be the Owners of .~.e~Y ,Vail Valley Third Filing, according to the Plat recorded August 30, 1977 in Book 259 at Page 69, County of Eagle, State of Colorado. Witness my hand and official seal. [SEAL] Notary Public My commission expires: 1 (00153210.DOC 5} 3 4 Upon recording, return to: FIRST AitiIENDVIENT TO PROTECTIVE COVENAi~TTS OF V.~ VALLEY - TH11tD FILING TOWN OF VALL EAGLE COUNTY, COLORf-iD0 ' This First Amendment to Protective Covenants of Vail Valley - -Third Filing Town of Vail, Eagle County, Colorado ("Amendment") is made to be effective as of _, 2004, by the undersigned property owners ("Owners"). Recitals I. The Protective Covenants of Vail Valley - -Third Filing Towri of Vail, Eagle County, Colorado (the "Declaration") was recorded with the Clerk and Recorder of the Eagle County, Colorado, on August 30, 1977 in Book 259 at Page 68 of the real estate records of the Clerk and Recorder of Eagle County, Colorado. II. Pursuant to Section 12 of the Declaration, the owners of a majority of all of the sites in the subdivision are entitled to amend the special conditions contained the Declaration. III. The undersigned Owners constitute the owners of a majority of all of the sites in the subdivision and wish to amend the Declaration as set forth herein. Amendment The Owners hereby amend the Declaration as follows: A. Paragraph 2 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: 2. On any site in the Subdivision containing two dwelling units, one of the units shall not exceed one-third (1/3) of the total gross residential floor area allowable, as defined by Ordinance No. 8, Series of 1973, Town of Vail, Eagle County, Colorado, as amended; however, in no event may the total gross residential floor area exceed 3,950 square feet on any site. Where two dwelling units are proposed on a site, they shall have the appearance of asingle-family residential structure and may not be "mirror-image" units. is amended to read, in its entirety, as follows: 2. On any site in the Subdivision the total gross residential floor area on the site shall not exceed the amount allowed by the applicable ordinances of the Town of Vail, Eagle County, Colorado. Where two dwelling units are proposed on a site, they {OO158210.DOC ~} `4 shall have the appearance of asingle-family residential structure and may not be "mirror- image" units. I B. Paragraph 5 of the Special Conditions, Stipulation and Protective Covenants, ~ hich reads, in its entirety, as follows: 5. Except for the pertinent ordinances of the Town of Vail, there shall be no general requirement as to setback distances or location or improvements with relation to property lines, provided,.however, that the location of each improvement mist be approved in advance by the Design Review Board. In determining the proper location for each improvement, the Design Review Board shall consider the location of existing and future improvements on adjacent property, and such other aesthetic considerations as it may deem appropriate. Careful attention shall be given to site location of Balch structure to minimize linearity and to protect privacy, view comdors, and protect natural land forms and vegetation. is amended to read, in its entirety, as follows: 5. Improvements must be approved in advance by the Design Review Boi rd of the Town of Vail in accordance with its then existing rules, regulations and guidelines. C. Paragraph 10 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: 10. All structures commenced in the Subdivision shall be pursued diligently to completion and shall be completed within 12 months of the date of commencement thereof, except as may be waived in writing by the Town of Vail. is amended to read, in its entirety, as follows: 10. All structures commenced in the Subdivision shall be pursued - _: diligently to completion under the applicable regulations of the Town of; Vail. D. Paragraph 13 of the Special Conditions, Stipulation and Protective Covenants, which reads, in its entirety, as follows: i 13. The Company or its duly authorized representative may lawfully prosecute any proceeding in law or in equity against such person or persons or',entity who shall violate these special conditions, stipulations, and protective covenants in any particular, and may recover such damages as may ensue because of such violation, including costs of suit and attorneys' tees. is amended to read, in its entirety, as follows: l i 13. Deleted. I E. Except as modified herein, the Declaration remains in full force and effect. SIGNATURES CONTINUE ON FOLLOWING PAGES Ioolss~la.DOC s~ 2 ~. ~.~ r'' 1 ~i~' i ~--t~ i ~ The Owners of,~-off ,Vail Valley Third Filing, According to the Plat recorded August 30, 1977 in Book 259 at Page 69, County of Eagle, State of Colorado. STATE OF COLORADO . ) ) SS. CITY AND COUNTY OF DENVER ) On this day of , 2004, before me, personally appeared and -~ ;,-~.; ~ who acknowledged themselves to. be the Owners of •1/at ,Vail Valley Third Filing, according to the Plat recorded August 30, 1977 in Book 259 at Page 69, County of Eagle, State of Colorado. Witness my hand and official seal. [SEAL] Notary Public My commission e:cpires: {00158210.DOC 5} 3 1. . "r:<OT~;:TIVE COVET+LIJTS OF V,gIL Vi;LL~.Y --'i iiIRD rILI(vG ' : AvLE C~)li ,..'Y, COLC~ADO j undersicned, L': •.=L Vr.;__,S_~ ,, T ,~_, , a ~Col.orado, corporation I (hereinafter re:err_ed to .'s -;~ "Cc-;~any"), is the owner of Vail Va?ley--Third rhino, ,"o~r~ of /a;l, Eacle County; Colorado, more r~articularl ., Y ~= =r--bed on Exhibit n attac:.~ j filer°t0 an;, by t:':iS re= °r°' CE ,:,,a'.:e ? Dart hereOf_ (fl~~rai nZ2 t.'r so-etimes re=erred to, as -he '`S~ibdivision"); and `rii:En~.=.S, the Co~:.a.^.~ is r.esirous of maintaining ~sa.id Subdivision as a resi~entiai arF.a of t::e hichest standard; -- C "C~.•i, _::-. Er~ .E_, _;: cons:.d_ra~ion of t;:_ '-r=:~=ses • -• -, ~ur.c_ss~rs ar.d as:>i~ns arid, _r~r _tsalf and _ts __a^te_s, 'a~_s hr~reby_.r-,.,ose ur:on said JLDC1'I;SlOn t.^.°_ :o11C?: :,.Ci;_' ^c -~,.•~+.- ~. lat_Or.S, a::. "OCR=Ct_Ve ,._i-i i-_Crt,, C:J:1.^._t_C^S, S=1~;~,;- CO t!; f.. ~'.5 • I ~.S L:Se0 ?n t = ~~,~ _~,.a.~.,::. =• ,..i1fi`~. i i•_~ `;.,.._ I „s_ _. _ _..._~~_ C_. ar ~s ".~ __.,, t°" s`.all -jean ( ) .. 1 _ . ' a ._ny ct ~~:~-:~,•,•n on the =ecorceo ~:iat o. t^e ~ub~vi s ion, or (b) a,.~ - • ' I .- 1 -. _ ~ o= a^y log or co:.;;,~.na~ion o ca_-:.s o= a-:y lots as _.. ., ..n sr. t::~ rcccrced ::.fiat of _r-,~ ubdvision, '.•:~,ic;i to_Ct:^.e.~ ~..~..1 ;,ave a ._r.~.:,aT. leases 1~,OOG s-;u_re -~^t. ~r~a o= a; ~ase-:ents and ~ 1~~.'.':S -C _ -'::u:.' :iS ~:.o:•rn Cn - o: t~.e ~ub~ivision are `;e_ ; _ _. _ ".e ;;; at ~ ~i; es, ':~e11s and ccnc'u~ t-~ - ___ .ed _or soles, ,•:_res, I _t` ~ ~ ~ ,..a;.-n ~, 1__:;,tinC al ACC I `f) ~a5, te1G~hOn~, =E~:~?r~ :`C,i_'1uC'_'-, ::at_•r CaLJ?c ""1 r1C-. o nerVurilit ~ + , or z..ny y service :.u_ ~ _ se , c.r.:e~:-:c-r :•~ith the ,.; _ . an~ ~ - _ _,-nt ors ~.ncress _ ecress rcr ~:^.e ;~urr.ose c~ ~...:t;-.cr co-,structio:z, ~-:aint~c-• I nance, and repair. ~ ~ GE((~F.AL CC:::~1T.Gi , •~^IF;iL.;'~ IC':S ~ r.1.D L'n~.1T _.C., 1V:., Cl. ....tl:, ~i .S ' ~ i I The following yene_:a.. ro.~c'iti and protective cover ants ~ ohs, stipulations, a:. _ ;:~-r °aY i-goosed u.~ori all sites in t'rie Subdivision: 1 . All s stns in this '; •t~ ~ ,• ~ .. ' ~ -L..d',_~ion shall be used for residential purposes onl_-, eaci-, site to conta_n not mor+: than two se:~arate d~r~ellin:, ur: ` `-,:;, ~ 2. (~o si7ns, mill'. ~a..d :roster boar::s, or a~vertising structure of any k:.nd shall be erected or -ain- ta:ined on any site or struct.:irc~ ;.hereon for any ourpose ~ .~~,... _., .___~- :_;;_, ., .:..w :..: ;.....~ ...: ... <_ .. ....... .. ,... _- _ _ ... ._ fait. ~' -:?- what:;ocver, erec,~t uch sicns as ,-.a'y be approve:: by the ~esi;n f:evie'~r Board create; btu C?rdi:-,ance Ko. °, ~eri~s 1973, Tov~n of Vail, eagle County, Cc~loraco (herein called "Desicn c-.eview Board"), as .reasonably n~_cessary _.,_ t.^,°_ 1°ntl~lCd- tiOn ;~~ r~'5~:.:E'riCP_s. ~.3Ct7 trUCt',rE_' ~^;, i. _";n ~ Gr GCC:," d.'1C'J :,y •• rl'_ an >J~~n; located on any ~_ ~.- ...~_ ~ can-.ec•t 'r:;,... ~.._ .:at__ _.-:d sJ.:crace .`acil,tic•, o:. -._ 'Jail .._t~. _r.c ~an~ta- _-O:; J;.°, ..~ 1Ct. .•O = iVaL~• v:~?..1 ., '.a _ 1 .;° ..~ _ ~ ~~ a s01r: C° C: . .:~:~.r Or .:L'ir.an CGn~'_-~t'_Gn ~_ -- -~ --Gn _.^. ...._ .-u0^._'/;s:OTl, n•:_ ~..---- any . ~cil_ '.i .,~n~_ ....:~ -. .,~._ - ~ . _~~>~ ~~y t-.e 'Ja:l . -.t-:r t:`i.. JCn-.-at_Gn~9,st.'ict .,~~ ~s._.. : ;_ ...._ .._s:.o,al c. ~--.. ~~. :.c::a::ica_ c=_~' ,is::G=~':' -_ =----_~ ..-~a11 oe .. G .. _ ._ ._ .., ~ .. C: _ _ .. _ L .. , ~ _ _ , .. _ _ _ _ ._ _ . . ~. s 1 :.~.L ~: ~_. ..~ a. C:... ... _ ~_ , _. _ .. _ a ~ _...._ . .... _. inc.in; u_:on ail >a: "es an; ... i _ __ .-~ ~_<,_.._. - .:n __ _,.-- i:ntil ~a:-~ua_ 1, i~99, at ..._c:; -: _.._-=~ c,..:,.~'.tsV...all autocratical l: bo e::te;:le~ `o- _,. -c,`:_ ~ _~ _ _ _...~ _ ... years, ~r.l~ss a:: instru- ant _s ..,cc~.._c _..-;o,. - ,.... t..~n o•.~ners o= all o_ -,,. .;_tes '.n ,..,, . ~u~c:i\•_:'_on ac_ ^~ _n~ .. e;,an~e or _evuke ;:l'« covenants _~n ,.. .._: cr _-~ • .,_ t. k 9. I_ any ~_,;.nte~, o: !-:_~. .-. _.•~ i :1 . c; : ~- SCn a~iV~'s, S::000L'F.O"=i, `rs"_. ::5, _.'.i:.: V:Cla;e an\' ..~:'.~~ conc._tions, st -:ulat:ons, a:... -o~cc~i\'~ ~ _ is cov• .:an ~c:. in COntul,n.2G, any 1Gi'.c?r O'..ni'r G. r.'iil _ C. ~R t`'E' jll.._\'__ _.. :1 ,-.ay l.a•.._u11y ,~r~s~cu;.~ a^. =o....".-nc: ~n 1<<:' o_ in ~c;._..\' d..a;:1.'-.t SUC:1 ^i'2'.~U11 Or t';sOns OL' i'..~1t\' .. 1,..;L_ t0 ".~.,...t hi'.. o_ then `_o:r~rso loin.:, or . . r~~stra_., a^v viclat;on hcreoi b~' per%etual injunction and,io.~ to^reeover much da:-•ac_es as ::gay ensue by virtue o= such violation. -~__._ ......W_--_...~_W~...__.. _ -S- i. . 10. Invalidation <.~~= e.ny one or more of these covenants by judgment or c;..~rt order si~~all in no way arfect any other stipulations, cot:~iticns, or protective covenants, which shall remain in full iurce and effect. SrECIAL CGNDIT:.'OivS°•, STI= ULATIOIdS, I i,t:D r~OT~C':IV'c ~OV~i:Ai1iS ~ ° • The following speciGl_ _.?:~ditions, stipulations, and protective covenants a:-e h'zeby inposed upon all sites in the Subdivision: ~ 1. I:o building, ~u'tbai.l~ing, fend°, wall, or other improvement shall bE~ constructed, erected, or main- tained on any pert of the Su'odivision, nor shall any adcit~_on to an existing structure, or 2.lteratori therein, be made, until plans ana speci=ications sho~:riny the nature, kind, shape, heicht, materials, floor plans, exterior color schene, locations, and the grading a.nc: :.andscapinc plan of the siite, or such improvement as the D~.:s:.g:; :review board nay reasonably require, shall have beer. s,ubm'_.tted to and approved in ::r~it-- in; by the ~esi~n .eview ~o.ard cr its duly authorizes repr;~,sen- tative and cosies therof as `finally approved lodced ~erman~~ntly with the Design ::evie~:: Lo~r~ or its duly authorized =e~res~~n- tative. The D_sign ~:evie~• ~oar3 or its duly aut:-:orized representative shall have .he right to refuse to ap;:rcve a•ny plans or speci'ications o': fir:=sing or lan~scan.ing plans w'.-_ich are net suitable of ~:.>.s ir~~ble in the opin_on of the i Desicn ,?•_view 5card o-- its ~uLL aut:~orized representat~.ve and, in pass i n7 uocn such p..a.~_ , specif icaL_ons, .era _ng, ~n0 landSCdpinC~ L?la:":5, the .1e~. cn F~:evieY: Board OrJitS duly' ~~ i autaOrlZe~ r=:reseIltatlVe ... ,~;.1 ha'tfe th°_ =_.y:~t. t0 to}:e ini: C:~n51 :eratl0n tI':e use end St~.i =~T~1~ itV Of ~:ce :J: Op05~=G bU1~ fins, and of t h° ~a`.erials : f ~::;;i .h it ~s t~ be :.wilt, to t`'.e site uc.cn which it is ~ .o: o°;ea Lo ~re.ct i'.;:e sage ~~.^ con-- for;ait.;• and har„ory th _rec~` L~J~ t1. thP_ su_-roundincs, the, topo5raphy of the land, t~Ie qualit,f of the raterials to ~be utilized, and the effect e~f the b~.:il~ina as pl;:nn~d on the, outlook from the adjacent neighboring pros:erties. 2. On any site i:z the S~~bdivisian cont~ining~two dwelling units, one of the units si~.all not exceed one-third (1/3) of the total gross resi._dential =loot a. ea allowable, as defined by Ordinance Igo. S,.Series o , down or Va'~1, eagle County, Co orado, pis. alien ed; however 'n event may the total gross residential floor area exceed 3, 9501scuare feet on ar.y site. ::here twc .•~welling units ar proposed r;n a site, they shall have ti+e ,appearance of a single-family residential structure anc: ma:{ riot be "mirror-ima:,e" units. ' 3. 'The construe: ~.el~ cif any building, structure, or improvzment of any sort i:: •ibsolu.tely prohibited in certain high hazard areas of t:ze Subdivision, more par- ticularly described in Ex.h.b it B attached hereto and by tt__.s reference made a part hel:ec~f, oecause of the danger of avalanches in such areas m~.::~.n~3 any building, i:~provenent~ or structure thereon subject t;: extreme property damage ar,d .; , ~. . .. _. ,~,: ~. ._ ~. .. _ .. _ _. _ ,_... _ ~T _.... , ._ ._.... '••~3gxm ~w i33~1YStrf ry~~. ~-;~ ~-eJyrntiti ~=•.~..~~=-'-c~~. ~~w._.,~y,F;,.-_.:,~ -- ...._.,-s -_:._--'---. .._ ._.._........_ _.. - ~___- . -4- individuals thereon subject .tc~ _~h:~sical injury. q, nny building, st:_u -t .ire, or improvement in cert~l.in moderate: hazard areas of the.~u'.~~civision, more particularly described in exhibit B att~..chsd'.hereto, shall be designed ir.; accord •~.it'rl t;~e Hydro-Triac Ltd. :;turfy o~ avalanche hazards•• on file at the Town of Vail. .a:~ .chE;r2 is a cossibility of avalanches of :~ocerate sever i.ty ~=.nd =requency in the areas ~esi,nated in ~xrlibit B. 5„ except for the •.~r.t.•_nent ~ rdin3nces of the Town of Vail there shall b~; :lc ;~;°neral require-ent as to s~~,:.back 9 ' distances or location or it .'~1v::me:nts ':tith relation ;.o properc.y 1 ~ nes, provided, ho::giver, ~>> 3t j.he' location of each improvement gust be approved in advance :-;• t:~e D-asi',n ~wiew Board. o.- ~ for each i-r~rovement, In determine nc she pro- __ l ~c;st::n . the Desi;n review Board shall cor:.sider the loca~ion of h existing and future im:-rovE:gents on adjacent _oroaerty, and s;sc~ oth•~r ~.est~:etic considerations as it r,.ay dee:l appropriate. Care;ul attention shall be ';i'/en to site loca~ion o, each to protect ~.riv_c•,~, view structu'_e to :~ini::size line~!rity ;:nd _ . corgi aors, anc r-rotect natt.ral lar.c for:~s aad uegetatlon. ;~ 5. .~-.11 sur::ce _~ ~~.s c ~sturbe~; b;' ~ccnstructi.on sr.all be Ye _arne~~ pro:-~pt7. f --, :i~.`~ir n;~tural ccnditlo:i and ' - 1 pC 0::~'_.~~t 4:here such areas rG tc ~s1=_~. tea in na~~ve c.r_ss": , - ,,"„ ~ la~•:ns ar.c ~~ i,itt'GV=i: b' _..._ CO.'1StruC,=~01'l ~~~. 'a- _"S 1 ?;LC°r'_Gr 'l l'/lr.Cj a."C1aS . 7, :.O _. ::ell~a'~ c'lal l OE' _r:.11ttC.^~ O. CrGa~eG 'On any Slte ldi"i ~:OUnC =l,~Or __._.3, exC_lL`51Ve O. Omen _,,7rCr:CS, ratios, terraces, carport, .~c carace o. less ~i:an 1,000" ` t - ~ - ellings `nc 1,20C sc are _ee:': SQllar°_ Z?e ~vr 51.'1':;:1° 5..: ~.... J'R ~cr spll_-level C:'.•.'ell._n;s, ~,, i`:o te'!porary :~tructu: e, excavation, base:':ent, tra=ler, or tent small be _r-it.t°d in the ::ubdiv_s_on crcept as -ray ba neces.-ary d~.:_ in, •cx;struction and as a~~t`-:orisec by the ^own or Vail. 9o A garage shal.~. '~e r_.;ui~ed on e~c:-: site a:ith space .or at least one a•.:to:~<~bile 'or eac'.~. living unit on the site. .11 ca-, ers, trailers, boats, an:: s_;;~ila:-type vehicles must be }rcpt in ='.lliy enclosed ca_a.;e areas. loo f,ll str.ucturc<~ co:~lrr.enced in the Subdivision shall be pursued dilige:qtly fro co;~pletion and shall be completed './ithin 12 ;~:onths cf trle date or. com,~~ence~ent thereof , except as r; ay be .r1i~-e~1 in writing . by the Town of Vail. 17., Ln,orce:~ent a~ tire.:e Special conditions, sti_ulations, and pro tc:~iv-~ co~'enants shall rest solel}~. the `iown of Vail, and tee r:i,--'•.t to a:~cnd, alter, revoke, or rlodi'y these s.~ecial conditions, stipulations, and protective covenants is h^r.eby ex;lressly reserved and retained by the Town of Va'.1, as well as the right to a~~ ~.; ~ l:h any .one or more sots ~.:f plans, specifications,; g~ %~ding,. and landscaping o1-3ns...provided, however, t'rrat~ nc-~._hing herein contained shall ~e construed as giving to the To~~:m of Vail the right to amend, alter, revoke, or modify the.generaT. conditions, stiF;~.latic,ns, and prct~ctive covenlan"_s imposed above. lZa Thy"_;aE _°j~~?Clal COR/sit''-0n5, Sti^,Ulat;.C::1S, and protective cover:._r.t: ,>hall hind all grantees, ~th~jir hei=s, legal r~ uresent~~ t.v: _ , successors, aria: assigns, s zd all -:ersons clai:ninc _nc:e- tr.em until Januar,• 1, 1°°~.~, at which time said cove^un'.s s~all ire auto-~atically e:~ter.ced °or successive oeri5dr, cif 10 years, unless an instrurjent is recorded signed b••~ t:he then o'.~n~rs o' a raajori~ty o= all of the sites in said Subdivi.~ion, agre~inr, to changr~ said covenants in ~~r:^cle or in part. 13. '~hE: Co:-,;-.any or its ....ly authorizEd repres?:,ta- tive may la•,~ful).;• rosccute any ~roceedir.o in flaw or in' equity against such pers+~n or r,ar,ons or e,^.ti ty :•:::~~o shall violate ;. t:•-+_se sp~.cial c:::~:itisns, sti.~~la~ions, and ^Yot~>ctive cove- nants in arty ~:a:: =._cilsr, and may recover such ~Gar.ages as may ensue because o.: .:u.:'r. violation, including cosh, o~ suit and i attorneys' ~ ec~s. 14. 'lh~., in~aiidation Gf any one or ariv ~ art o~ any one O. t[1 ~OSE _'. /E.Clal COndl~lOns, Stl:ililatiiOr:i, drsd ,protective cov~_r~a.~ts ;~y iudcment or court oro~~r ..all in no Wa'J affect a^}' ti.•O Oth~•r _,rovisions, t~'h.c:: sf:all rem-gin in full 1.GrCe anc ~`f''eCt, '' rt<• 1977. ~.::ecut=~- _,...s ~,`~ day of -~~i~r~r+~.? -~---r-- .•.tLESt: Ey ,\ ~ :. . ::arren F:. "r•ulis,~ ~lice- rresident and S~c:retary STriTc. OF COLOP,i;I.?C COliNTY OF ~,zGL~ -5- J y/-~'~Iu1is, fir., rrr~ e:rt } SS. i' ~~ u~ ~. $. - ;~ a The oregoing ' ns,trum nt was acknowledged bef Bre _ ~. 1977,. b~ Jay this -~ day °f ~" ~•,arren y,o Pulis, as Vice-o me ~--- president an- a Colorad F~ulis, Jre, as o, 'Vail Valley9 Ince9 _ ~%resident and Secretary °'~ - corporation o . 02/ jq i _ ::;• ... ~~I~a-Pirr '.:~. '... t.y commission F.z.~ir'e~, .~` ~ ti~~ • '~•°; :- - ~:tn <~ .~ f f i c i a 1 S e a l e ' o ~',',; -~.h~„p~-~~:,'. - .~/Q ,; .:fitness ny hand _f~~pUf~..-~r- '" Sidi to _ _ (~ of (,,h.~:~a~'P~ «:~: ; _~' _ ~~,~~ (~ LF.L) ,,..,.. .7 Y _ x _ ~~ ^~F` '. -_.: _ _ -~.. ,- ,...._. - s~. .• ~~~~ ~~;~ ~~~~~ ~Rr a Faces, ~ e~eq, cerb{~ uat tAis ~~t sas Fr-w ~ ~~ ~p ~ ~~F-. ~, ~+U G 3 0 1977 .e rte----~_.~c~F1Yro i ~~ =~~~ R ~ a~ $ ~ 4y~ry ~.~~ /q~. i~ 3 v ~~~~~'~ i~iEiViORANDUfVi TO: Vail Town Council FROM: Department of Community Development DATE: October 19, 2004 SUBJECT: An appeal of the September 1, 2004, Design Review Board (DRB) approval of a proposal made by Vail Viking, Ltd. to build a new single family residence ("Keck Residence") located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition, by the owners of 4839 Meadow Drive/Lot 17, Block 5, Bighorn 5th Addition, Robert and Kathryn Valleau. Appellant: Robert and Kathryn Valleau Planner: Matt Gennett SUBJECT PROPERTY The subject property is part of the Two-Family Primary/Secondary Residential (PS) zone district and is located at 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5th Addition (Attachment A) and is a platted lot in the Town of Vail. The appellants are owners of a single family residence located at 4839 Meadow Drive/Lot 17, Block 5, Bighorn 5th Addition. I1. STANDING OF APPELLANT The appellants, Robert and Kathryn Valleau, have standing to file an appeal as the property owners of a lot immediately adjacent to the subject property, 4839 Meadow Drive/Lot 17, Block 5, Bighorn 5th Addition. III. BACFCGROUND In November of 1966, the subject property, Lot 4, Block 5, Bighorn 5th Addition, was platted. On July 21, 2004, the applicants and their representative, Dominic Mauriello, went before the DRB for a final review of a design for a new single family home on the applicant's property, Lot 4, Block 5, Bighorn 5th Addition, and received a vote of denial by the DRB. The applicants and their representative were directed by the DRB to modify their design based upon the input voiced by a group of concerned, neighboring property owners present at the hearing. On August 18, 2004, the applicants and their representative went before the DRB for a conceptual review of a new application for a single family residence on the subject property and received direction to adjust their new plans to further address the concerns voiced again by the opposed group of neighboring property owners. . On September 1, 2004, the DRB approved the re~iised plans submitted by the applicants (Attachment B) for a new single family residence pursuant to the criteria of the Design Guidelines and Development Standards Handbook of the Vail Town Code, in addition to the modifications made to the previous design in response to the extensive input. IV. REQUIRED ACTION ~ The Town Council shall uphold, overturn, or modify the Design Review Board's approval of the Design Review Application submitted by Vail Viking Ltd. to construct a anew single family residence located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition. Pursuant to Subsection 12-3=3-C.5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. V. NATURE OF-THE APPEAL The appellants, Robert and Kathryn Valleau are appealing the Design Review Board's decision on September. 1, 2004, to unanimously approve the proposed Keck Residence (Attachment B). A copy of the appellants' written statement regarding the nature of this appeal (Attachment D) is attached for reference, as is an additional letter purportedly signed by "Over 100 neighbors who object and signed the attached petition including the immediate abutters on all sides..." (Attachment E) Staff did not receive an original copy of this letter that was actually signed by over 100 people and believes it would be presumptuous and erroneous to assert that the people who signed the petition (Attachment H) have by default supported this appeal. The only signatures on the Appeals Form (Attachment C) are those of the appellants, Robert and Kathryn Valleau. The following are the appellants' stated issues of concern, verbatim, listed in both their own letter, and the one alleged to have been signed by the "over 100 neighbors", beneath which are listed staff's responses to each of the articulated issues: i Appellants' Issue: The foundation will be 33 feet from our "sanctuary" and spa room and deck with hot tub. The entire main dwelling area of the proposed home, i. e. master bedroom, living room, and dining room will face our most private quarters with wall to ceiling windows Viand decks, outdoor lighting, and patios that come closer still to our cherished living spaces. With the height advantage they will look down on ourhot tub from all these rooms except the dining room. While 33 feet is within the legal code setbacks, otherneighbors when building, up until now, have respected theirabutters and the average setback in the neighborhood is 110 feet. This. is also true between houses, and where one house is on the edge of its lot, the next neighbor has moved over and average distances are around 75 feef between houses. This is how the •proposed development affects us the most, but there are any other reasons we and others fee/this proposal does not meet the. Design Guidelines as outlined in the attached documents. c While we are, perhaps, fhe most "adversely affected persons'; the location and design ofthe house will adversely affect the other immediate abutters and many other people, in the neighborhood who we hope to represent in ourappeal to the Town Council. (Attachment D) 2 Staff's Response: The proposed Keck Residence exceeds the minimum required rear and side setbacks (15'), and meets the minimum required front setback (20') in the Two-Family Primary/Secondary Residential (PS) District. The proposed Keck Residence likewise complies with all the other applicable standards of Title 12, Zoning, Vail Town Code. Incidentally, the existing Valleau residence encroaches slightly (approximately 1') into the minimum required rear setback of fifteen feet. The placement, layout, and design of the proposed Keck Residence have been determined to be in compliance with all off of the applicable Design Review Standards and Guidelines of the Town of Vail Development Standards Handbook, referenced below, by the Town of Vail Design Review Board on September 1, 2004. Appellants' Issue: We, the neighbors, believe everyone has a right to develop his land according to his vision, but that this should be done respecting the natural landscape and the surrounding neighbors. The intentofthe DRB according to Chapter 11-1-8 "Area Character Protection'; is to "exercise judgment in the public interest" as to "the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity." We believe this means the DRB should rule on site location and design as it affects the neighborhood. (Attachment E) Staff's Response:. Section 12-11-1 B, Vail Town Code, reads as follows: 8. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impacf on the character of an area in which it is~ located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the town, arid the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. The DRB is charged with the responsibility of judging the "other aspects of development" which "are more subtle and less amenable to exact rules..." on a case by case, site by site basis. In the case of the proposed Keck Residence and the topography upon which it is to be built, the DRB found that the design criteria germane to "Area Character Protection" have been fully met. The proposed Keck residence steps up the hillside of the lot in the very same manner as the existing residence owned by the Valleaus. Appellants' Issue: The DRB did unanimously deny this project on July 21 as in violation of Guidelines 3, 4, and 5 and asked that the developers move the house lower down on the hill. On August 18 at a conceptual review they again asked that it be moved lower, saying that the 12~ inches the main floor had been lowered was not enough. On Sept 1 the project was resubmitted after moving another 12 inches lower and it was approved. At this meeting the DRB said it did not feel it could ask fhe developers to move the house. Surely if the proposal did not meet fhe standards the first time, by moving 24 inches lower the now, the Guidelines are still not met. (Attachment E) ~ VI Staff's Response: ~ The applicant's had to reapply with a new application and fee after receiving a denial from the DRB on July 21, 2004. ~ Design Guidelines 3, 4, and 5, Section 12-11-1 D. read as follows: 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and .with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. Protect neighboring property owners and users by making sure that reasonable provision has-been made forsuch matters as pedestrian and vehiculartraffic, surface waterdrainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by otherregulations which may have substantial effects on neighboring land uses. ~, In their vote for unanimous approval of the redesigned Keck Residence on S iptember 1, 2004, the DRB determined that the application responded to the comments voiced at previous hearings, and that it meets all of the Design Guidelines. The Design Guidelines are very different from "standards", such as those contained in the Zoning Regulations which are strict and numerical, and are subjective in nature as interpreted and applied by the DRB. I I Section 72-3-3: APPEALS: ~i C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: i 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board with respect to the provisions of this title and the staindards and procedures hereinafter set forth. APPLICABLE REGULATIONS OF THE TOWN CODE 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant 4 objects to the administrator's determination of standing, the town council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board by a majority vote of those council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's 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. 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 of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal requires the planning and environmental commission or the design review board to forward to the town council at the next regularly scheduled meeting a summary of all records concerning 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 (15) calendar days prior fo the hearing. A hearing shall be scheduled to be heard before the town council on the appeal within forty (40) calendar days of the appeal being filed. The town council 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 thirty (30) calendar days. Failure interpretation or determination made by the planning and environmental commission or the design review board. 4. Effect Of Filing An Appeal.' The filing of a notice of appeal shall stay all permit activify and any proceedings in furtherance of the action appealed unless the ,administrative official rendering such decision, determination or interpretation certifies in writing to the town council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activify and any proceedings. The town council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the town council. 5. Findings: The town council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it: These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal to a planning and environmental commission ordesign reviewboard decision. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. TITLE 12, CHAPTER 11, DESIGN REVIEW: (excerpted) 12-11-1: INTENT: 5 A. Attractive Attributes Recognized: Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. ~ 8. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before Viand after development, the spatial relationships of structures and open spaces to.land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: ~ ~ 1. Recognize the interdependence of the public welfare and aesthetics, and toy provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. Allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided. j 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39(1983) § 1) 6 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in section 12-2-2 of this title, unless the context clearly indicates a different meaning was intended. . If the context is unclear, the matter will be referred to the design review board for final determination. B. Mandatory, Discretionary Distinction: The distinction made between those items contained within this chapter that are mandatory and those that are discretionary is that statements which are mandatory are prefaced by the word "shall" and the statements or guidelines which are discretionary (or merely suggestions) are prefaced by the words "should" or "may". In all instances, any particular or specific controls over the general. (Ord. 39(1983) § 1) 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the Town unless design approval has been granted as prescribed in this Chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision... B. Violation: It shall be a violation of this Chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this Chapter and/or is not in conformity with the plans approved and authorized by the Administrator and/or the Design Review Board and the Building Official. (Ord. 39(1983) § 1) C. Nonconforming Sites And Structures; Effect Of Design Guidelines: 1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i.e., legal nonconformities), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), commercial floor area, or garage area credit is added to any existing structure or site. 2. From the effective date of July 21, 1998, there shall be permitted aone-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to entire structures and sites to conform with the design guidelines. The addition itself, however, shall conform with the design guidelines. An expansion which is greater than five. hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. . 3. General maintenance and upkeep of a property shall continue to be required ~, regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the Design Review Board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. 7 4. Expansions made pursuant to Section 12-15-5 of this Title shall require full ompliance of the entire dwelling unit with the design guidelines. Inferior conversion additions pursuant to Section 12-15-4 of this Title shall not trigger the requirement for upgrading sifes and structures to fully comply with the design guidelines, unless it can be classified as a demo/rebuild, pursuant to Section 12-2-2 of this Title. (Ord. 10(1998) § 1:i Ord. 39(1983) § 1) 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: A. Pre-Application Conference: Prior to the formal filing of an application for design approval, the applicant should confer with the Department of Community Development to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review informally the proposal before substantial commitments of time and money are made. The Department of Community Development shall indicate on the application form appropriate staff with which the applicant shall. confer. (Topics of discussion shall include but not be limited to: I 1. Characteristics of the site and surrounding areas, including its location, significant natural and manmade features with particular attention to natural hazard areas, the size and accessibility of the site, surrounding development and land use, and existing zoning. 2. The nature of the development proposed, including land use types and their densities, the placement and design of proposed buildings and other improvements of the site, the location, type, and treatment of open space areas, the preservation of natural features, proposed parkirig areas and internal circulation system, the total ground coverage of paved areas, and structures. I 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of the Town. ~ 4. Applicable regulations, review procedures, and submission requirements. I 5. For certain low-impact applications, such as but not limited to minor remodels, the staff shall assist-the applicant in determining applicable regulations and shall specify submission requirements which maybe waived. j Conceptual Design Review: I 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this Chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibilify of a proposal with the design guidelines contained within this Chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled Design Review Board meeting: a. A conceptual site and landscape plan at a minimum scale of one inch equals twenty b. Conceptual elevations and exterior materials, and a description of the character of the 8 proposed structure or structures. c. Sufficient information to show that the proposal complies with the development standards of the zone district in which the project is to be located (i. e., square footage total, site coverage calculations, number of parking spaces, etc.). d. Application form. If the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or C parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. e. Planning and environmental commission and/or town council approval if required. 2. Staff,' Board Procedure: a. Upon receipt of an application for conceptual design review the department of community development shall review the submitted materials for general compliance with the appropriate requirements of the zoning code. If the proposal is in basic compliance with the zoning code requirements the project shall be forwarded to the design review board for conceptual review. if the application is not generally in compliance with zoning code requirements the application and submittal materials shall be returned to the applicant with a written explanation of the department of community development's findings. b. The design review board shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward. comments concerning the design to the applicant. No vote of the design review board will be required unless requested by the applicant. The property owner orhis/her representative shall be present at the design review board hearing. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the administrator, unless the administrator determines within five (5) days of a written request for such determination that some of the following material maybe excluded: a. Survey: A topographic survey representative of existing conditions stamped by a surveyor licensed within the state at a scale of one inch equals twenty feet (1 " = 20) or larger of the site with contour intervals of not more than two feet (2 ). Existing trees or groups of trees having trunks with diameters of four inches (4') or more of one foot (1) above natural grade, rock outcroppings and other significant natural features such as avalanche areas, 100-year flood plain, and slopes of forty percent (40%) or more shall be shown, if applicable. The survey shall include ties to an existing bench mark (either a USGS landmark or sewer invert), property lines showing distances and basis of bearing, and all easements. t~ b. Title Report: A preliminary title report.. ,~ c. Drainage Plan: A drainage plan shall be prepared. For all developments this study shall include a contour map showing all existing and proposed watercourses, including the seasonal course-limits of points of departure from the development. An indication of 9 the limits of the 100-year flood plain shall be plotted on the contour map as we'll as any revised flood plains: The drainage plan shall also indicate the location and types of structures that will be necessary to handle the quantities of water evidenced on the site. d. Site Plan: A site plan, drawn at a scale of one inch equals twenty feet (1 " = 20) or larger, showing existing and finished grades, the existing and proposed layout of buildings and other structures including decks, patios, canopies, fences, and walls. The site plan shall show the locations of landscaped areas, service areas, storage areas, pedestrian walks, driveways with percent slope and spot elevations off-street parking and loading areas, all retaining walls with spot elevations, and the proposed elevations of the top of roof ridges. The site plan shall indicate the locations of ingress and egress and the directions of traffic flow into and out of as well as within parking and loading areas, the location of each parking space and loading berth, and areas for turning and maneuvering vehicles. The site plan shall show exact locations of all utilities including existing sources and proposed service lines from sources to the structures. The site plan shall designate proposed limits of construction activity. e. Utility Verification Form: A utility verification form signed by each utility verifying location of service and availability. f. Landscape Plan: A landscape plan drawn at a scale of one inch equals twenty feet (1 " = 20) or larger. The landscape plan shall show locations of existing trees or g soups of trees having trunks with diameters of fourinches (4') or more atone foot (1') above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be indicated. The landscape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose of protecting existing vegetation, the location and design of proposed landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities, avid other useable open space. The landscape plan shall be accompanied by a landscape materials list specifying size and quantity of plant materials and a report of theicondition of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a reliable. basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvement if required by the Town. g. Architectural Plans: Preliminary architectural plans drawn at a scale of one-eighth inch equals one foot (1/8" __ 1) or larger, including floor plans labeled and drawn in sufficient detail to permit determination of whether all requirements of this Title based on floor area will be met. Architectural plans shall include all elevations of proposed structures as they will appear on completion. All elevations shall indicate both existing and finished grades. One or more perspective sketches, a scale model, photographic overlays, or other similar techniques shall be submitted, as necessary, to illustrate the overall appearance of the building and site development features in relation to adjacent properties in the neighborhood. All exterior surfacing materials and colors shall be specified, and samples of each, with proposed finish shall be submitted. h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in Title 11 of this code, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in subsection C1 d of this section. Upon request of the administrator, samples of sign materials shall be',submitted. 1. Form And Fee: Application form and appropriate fee. if the property is owned in common (condominium association) or jointly with other property owners such as 10 ~ driveways, A/8 parcels or C parcels in duplex subdivisions, by way of example and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in section ~ 2- 91- 5 of this chapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the department of community development. 2. Staff Or Design Review Board Procedure: The department of community development shall check all material submitted for design review for compliance with the applicable provisions of the zoning code, subdivision regulations, and with this subsection C (the submittal requirements of this section as outlined above). If the application is found to be in compliance-with the applicable provisions of the zoning code, subdivision regulations, and this subsection C, the project shall either be placed upon the agenda of the next appropriately scheduled design review board meeting in accordance with the required application submittal deadlines on file in the department of community development, or be reviewed by the administrator in accordance with subsection C3 of this section (staff approval). If the application is found not to be in compliance with the applicable provisions of the zoning code and this subsection C, the application and materials shall be returned to the applicant with an explanation of the administrator's findings. The administrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The administrator or the design review board shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this chapter, the administrator or the design review board shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this chapter, the design review board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the design review board or to the administrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the administrator or the design review board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance. ~ c. Following the final review of an application by the design review board at a public ,meeting, the design review board shall have thirty (30) days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the design review board shall approve, disapprove or request further changes within thirty (30) days of the meeting at 11 which fhe design review board receives the changes unless an extension is the applicant. e. The applicant or his/her authorized representative shall be present at the review board meeting. 12-11-5: DESIGN GUIDELINES: The design guidelines for all development are contained in Tifle 14 of this a 22(1999) § 5) Chapter 10, Design Review Standards and Guidelines, Town of Vail Develo Standards Handbook, Vail Town Code: 10. Design Review Standards and Guidelines. This section provides the design review standards and guidelines for deve, Town of Vail. Actions of the staff and the Design Review Board shall be objectives prescribed herein, the Vail Village Urban Design Considerations a and the Lionshead Redevelopment Master Plan, and by all of the applicable the Town and by the following design guidelines: A. General Compatibility: Structures. shall be compatible with existing structures, their surroundin Vail's environment. It is not to be inferred that buildings must look compatible. Compatibility can be achieved through the properconsidera proportions, site planning, landscaping, materials and colors, and com the guidelines herein contained. ed fo by sign (Ord. ment in the ~ded by the Guide Plan finances of and with ~e to be of scale, nce with 2. Any building site in Vail is likely to have its own unique land forms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural land forms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 8. Site Planning: 1. The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. 2. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patferns, and vegetation. 3. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site or those identified as diseased. 4. All areas disturbed during construction shall be revegetated. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. 12 C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4) into a required setback area or into a required distance between buildings. 2. Porches, steps, decks orterraces or similarfeatureslocated atgroundlevel or within five feet (5) of ground level may project not more than ten feet (10) nor more than one-half ('/2) the minimum required dimension into a required setback area, or may project not more than five feet (5) nor more than one-fourth ('/4) the minimum required dimension into a required distance between buildings. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5) above ground level may project not more than five feet (5) normore fhan one-half ('/~ the minimum required dimension into a required setback area, ormay project not more than.five feet (5) normore than one-fourth ('/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 4. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4 ). 5. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3) into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth ('/,o) the area of the wall surface from which it projects or extends. 6. Towers, spires, cupolas, chimneys, flagpoles, and similararchitectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit normore than fifteen feet (15). D. Building Materials and Design: Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is ufilized, gross textures and surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and colorif used, however, exposed aggregate is mare acceptable than raw concrete. Neither aluminum, steel, norplastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. c 3. Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be ufilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim orrailings. All exterior wall materials must be continued down to finished 13 grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be anodized, painted or capable of weathering so as to be non-reflective. 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking areas, (rash storage areas, stairways, decks and balconies, orenfryways. Secondary~roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. j 6. Roof surfacing materials shall be compatible with the site and surrounding buildings. The use of wood shakes and metal roofs is acceptable, however in no instance. will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal roofs are used they shall be surfaced with aloes-gloss finish on capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall be permitted provided that they weigh no less than three hundred (300) pounds per roofing square foot and are of a design ands color to be compatible with the requirements of this Section. 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the Zoning Code. 8. Solar collectors shall lie flat on pitched roofs; however, when retrofitting] an existing building with active solar, the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and otherbuilding features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the. climate and for the orientation of the particularbuildingetevation in which the fenestration occurs. The use ofb~oth passive and active solar energy systems is strongly encouraged. 11. In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. E. Duplex and Primary/Secondary Development: The purpose of this Section is to ensure that duplex ands primary;/secondary development be designed iri a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in subsection 2 below, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that creafe enclosed space substantially above grade. 14 Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. 2. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the Design Review Board. Significant site constraints shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the Design Review Board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). 3. The duplex and primary/secondary development maybe designed to accommodate the development of dwelling units and garages in more than one structure if the Design Review Board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the Design Review Board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. F. Outdoor Lighting: Purpose: This subsection of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this subsection is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. 2.' Approval Required: All outdoor lighting within the Town limits shall conform to the standards set forth below. For the purposes of this subsection, residentially zoned properties shall be defined as those in Hillside Residential, Single-Family, Two-Family, Primary/Secondary, Residential Cluster, Low Density Multi-Family and Medium Density Multi-Family Zone District, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. All other zone. districts shall be considered, for the purposes of this subsection, as being commercial zoned. 3. Luminance: Light sources located on all property in the Town which are not fully cutoff shall exhibit a ratio of source lumens to luminous area not exceeding 125. For example: 15 source lumens < 125. luminous area 4. Light source: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. 5. Outdoor lighting: Any light source, or collection of light sources, located outside a building; including, but. not limited fo, light sources attached to any part of a structure, located on the surface of the ground, or located on free-standing poles. 6. Source lumens: Total initial lamp lumens of the light source. 7. Luminous area: The maximum light emitting area of a lighf source, measured in square inches. The maximum light emitting area is the area of translucent material which encases a light source. In the case of a clear glass covering, the luminous area is the are of the light source. Examples of luminous area are shown below in figure 1: i 8. Full cutoff.' A light source in which no more than two and five-tenths percent (2.5%) of its total •output is emitted above ninety degrees (90~) as measured from nadir as shown in below in figure 2: Figure 1: Figure 2: ... ~~ .,.~ To*tnandCo~mhv Spo2Li~ ~y ~~1YansbicASdE2i,tasem~a Fia,du~s=.. ~ ~ ~_ ~. hm~oxi.ar?a={8%lU}=30sgm bffiuirnssar?a=(3.14}f2^}=13fisgm. - ~ .. 19P3~~ - - 1.. ~ ~, ~ - . ~ ~ :. ~~ ~_ 44 ,. =~~~~~ . ~ ~~ 4 Town and Cmu~y ~ :.Clear Glass FLx~? Stal? b~~ossar?a=(191U}x(4.4}=1U.45 h~10u'~`-a=(L•;4}=4squi ~q~. 9. Frequency: ~ 16 Forlots in residential zone districts, the maximum numberoflighf sources perlot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. Light sources which are no more than eighteen inches above grade, as measured from the top of the fixfure to the finish grade below, and are either full- cutoff fixtures, as defined in Section 18.04.137, orhave a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. 10. Height Limits For Light Fixtures: a. For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty five feet (35). The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet (8). b. For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (8). 11. Light Sources Affixed To Structures: For all properties within the Town, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. 12. Cutoff Shields: All light sources located in commercial zone districts which exceed fifteen feet (15) in height shall exhibit a full cutoff shield. 13. Flashing, Revolving Lights: Lights which flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 14. Exemptions: The standards of this subsection shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed herein, and which are illuminated only between November 1 and April 15 of each year. b. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed herein. c. Sign illumination, as set forth in Title 11 of the Municipal Code. d. Municipal lighting installed for the benefit of public health, safety and welfare. e. Outdoorlight sources as set forth in Section 18.54.050 J, 2, which are within eighteen inches orless of finish grade and are eitherfull cut-off fixtures orhave a maximum source lumens of 400. 17 15. Nonconformities: As of the effective date of this subsection, all outdoorlighting that does no. every requirement of this subsection shall be legal nonconforming outdo Legal nonconforming outdoor lighting shall not be moved in any directio there be any change in use or light type, or any replacement or structur< made to the nonconforming outdoorlighting, without the outdoorlighting to all applicable requirements of Title 12. conform to or lighting. ~, nor shall I alteration :onforming 16. Penalty: ' The penalty for violating this subsection shall be as provided in Section 1-4-1 of the Municipal Code. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. ~ G. Landscaping, Drainage, and Erosion Control: Various natural vegetation zones exist within the Gore Valley as a resu/t~ of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage,i aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be locafed. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the majorobjective of the landscaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. Special care should be taken in selecting the types of plants to use when designing a landscape plan: Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpiine zones or as capable of being introduced into these zones. I A list of plant materials indigenous to the Vail area is on file with the Department of Community Development. Also indicated on the list are ornamentals which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required Trees: Deciduous - 2 inch caliper Conifers - 6 foot ~ Required shrubs - #5 gallon container Foundation shrubs shall have a minimum height of 18 inches ate tune of planting 2. Landscape design shall be developed to locate new planting in order to extend existing canopy edges or planted in natural looking groups. Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. 18 3. Particular attention shall be given the landscape design ofoff-street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces with regard to noise, lights, and visual impact. 4. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. 5. Whenever possible, natural drainage patterns upon the site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allowed. 6. Runoff from impervious surfaces such as roofs and pavement areas shall be direcfed to natural orimproved drainage channels ordispersed into shallowsloping vegetated areas. 7. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum of two to one (2:1) slope. 8. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon completion of construction. 9. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the American Landscape ContractorAssociationcnd the Colorado Nurseryman's Association. 10. All plantings must be mulched. 11. Paving near a tree to be saved must contain a plan fora "tree vault" in order to ensure the ability of the roots to receive air. H. Fences, Hedges, Walls, and Screening: 1. The placement of walls and fences shall respect existing land forms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except fo screen trash areas, utility equipment, etc. 2. Design offences, walls, and otherstructurallandscape features shall be ofmaterials compatible with the site and the materials of the structures.on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chain link fences shall be allowed except as temporary construction fences or as required for recreational facilities. 3. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site, development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities maybe exempted by the Design Review Board if it determines that their location is not detrimental environmentally and/or aesthetically. 19 4. Sight Triangle: ~ To minimize traffic hazards at street intersections by improving visibility f r drivers of converging vehicles ~n any distract where setbacks are required, no fence orstructure over three feet (3) in height shall be permitted within the triangularportiori ofa corner lot measured from the point of intersection of the lot lines abutting fh~e streets a distance of thirty feet (30') along each lot line. 5. Height Limitations: i Fences, hedges, walls and landscaping screens shall not exceed three feet (3) in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or ' landscaping screens may be authorized by the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fe ce shall be erected or maintained. I 1. Accessory Structures; Utilities; Service Areas: i 7. Design of accessory structures upon. a site shall be compatible with the idesign and materials of the main structure or structures upon the site. 2. Accessory buildings generally should be attached to the main building eitherdirectly or by means of a continuous wall, fence or similar feature of the ;same or a complementary material as the main building's exterior finish. I 3. All utility service systems shall be installed underground. Any utility system the operation of which requires above ground installation shall be located and/or screened so as not to detract from the overall site design quality., 4. All utility meters shall be enclosed or screened from public view. 5. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. 6. Adequate trash storage areas shall be provided. There shall be year-round access to all trash storage areas which shall not be used for any other purpose. VII.. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Design Review Board's approval of the design review application for the Keck Residence, located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition, in accordanc,~e with Sub- section 12-3-3C.5, Vail Town Code, and the following finding: c\ "That the Design Review Board (DRB) diligently followed the appropriate regulations and procedures for a design review application in the case of the proposed Keck Residence and their findings of fact support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, .have been met as presented in each of staff's responses to the appellant's stated issues, as listed in Section V of this memorandum." 20 VIII. ATTACH~iiENTS A. Vicinity Map B. Reduced Plans of the Approved Keck Residence C. Appeals Form D. Appellant's Written Statement E. Letter by the Neighbors F. Public Notice G. List of Notified Properties H. Petition 21 -...- ~ - r ~~ ~ i ,~ i{ y y -~;--- - V~~B Vo~inr~ L'~'~o ~r®~~~fi~ ~' v 1^T. 1 I: ~'.,, ,.: 'z>~ ~r~ 4915 Juniper Lane ° `~ r9,r r _ ?, ~, ~ y_ _ ~v __ r. ~ ~ ~' °r `~t` '~" Vail Town Council October 19 2004 , ~ ~ -~LL~ ~ ., ~ , `y ~' ~ ,~~ , - - - ~~ s ~ g .- ~ i ri ~ s~ f , ~ ' i~ ,~' ~~ ~ ~~'~ Ys e~w~, ~ ~ h a +1L. ~i ` h ~ J. 4~ ~. 1 ,~ 1 ~ 13 y ~ ~.~ `~.' -~ has { t. 2 a`~ n ,i ~.. ~ r ~ i~°` -} F ~~ ' '. 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Use of Ihls map should he for general purposesr 50 0 50 Feet 1 " - 10 0' The Tovm of Vail does not warrant the accuracy of the information contained her ` (parcel Ilne work is epproaime'. ~ s ~ ~ 3 a --~' _ f ---- - _ _~- ,_ ~a _ ~ I ~~° ~-`, ~ ~ ~ Illt i ~' i I ~~,~, S ~ ~- ,: ~ ~ ~ ~~ b, ,~ )~ _- .,a -- ~~~ -~ w. r k ¢y ! ~ ~ fi A i !~, ~.~J' ~ \ ~ ~ ~- a ~. \ \ ~ _ / i ~/ J ~I~ // \ ~- ~. ~~ ~ ~UU.~ , -- a --7-- J----- LANDSGAPE LEGEND >..~„~aw n~ e w O ' 6~ ear. ~'~~ Lbw O r+~o~ s PATTERN LEGEND ~~~~ I _ MEAiev Pwvea . ca+°~Fre '~""~~ n L~N%75G~P~ PLAN SCALE: I:IO PLAN NORTH ° '' 1O' 'O' b U ^~ O (J 5oad W ~m°S Noo P~~ ~ 'o, Y a FRITZLEN PIERCE ARCHITECT „Ma.,,~,,,. 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X111\~~ °~ no ""~rl~`~" ~~ _\\ ~ ~ a% ~__ ~ a iA~l~ ~~U ~ ~ ~~~ ~ =III//` ~Ih~ ~~ ~~ ~ LEVEL THREE FLOOR PLAN i SCALE l(B" 1'-O" PLAN NORTH ~~ U a ~~o~ W Z m p a ~~ PO00 U/• w ,o FRITZLEN PIERCE ARCHITECTS LEVEL THREE F^LOOryR PLAN FAG®~ IUDi ~AII\\ I u wRm PLAN NORTH n LEVEL F®UR ~LOOfi~ Pl~,4N I SCALE: I/S" I'-O" w U ° Z w =~ !] s~m w ~°Oa -~oa ~~> U Y FRITZLEN PIERCE ARCHITECTS ~,~ a. „LEVEL FCU¢Y FLOOR PLAN ~~®~ f~~l~~ '~ n E~SEInEtti _ _ _ _ / 1 ~~Illpp a-ro _ I ~~ ~ ~ .~ , _ ~ ~'`r--- s J 1 _ _ ----- c- ------- - ------ `----gie. --- - - ~~ ~ L I 1_,. e~a -~-- _ ~~ ~ _ ~~ ii~~ ;/; l I I o - - LEGEND EXISTING GCNTOURS DEMO LONTOURS PROPOSED GONTOL'RS ~1Y \ \. \ , Cw / Q /~ I I ~ h 5a ev, r ~~~'~. ~ / .~ ~ ~~ ~~, ~ r°' 'a _ _ ~, Z , ~ ~ ~ ~i W ~~ ~ / o~ I °'mm .~ 50 `~\ \ ~e - ~ ~~ ~~~~' ~~- ~ LLJ zoo m c.i 1 . ~ ~ ~~~ ~, ~IIII l 1A0~ ~ i! e, ~ ~ ~~ '~ z ~= ' \ J s _ , ~E ~~I IAA 6~ -- - ~ - - - -- ~ ~ - ~ --~------._l; alw~ ~ / I .L, ~ I ~ o m „r ~ ~ ~.. ~AIIU//' ~ '+'~'~ a /iiu ~ ~ ~y~a ~ - _ _ rE- c ~.. tit- I f ~ - ~~ '...._ _ ~ ,nm~ T ~~u~~~rta" - ~ o _. ~ o. ~,~ ~ _ - _._._ . e,' 1 ~ f ~ ~ a,,= \ , 1 - n .aoee I i ~ / ~Illu,~ ,j wse i ~- ~, i ~a ~ ~ ._ ------ - - _ __ ,c~,,, ~~ . '.9 p ~~~T~j •, o I - , --- .. o ------ ~~ ~ ( ~~ ~ ~~~~-__ 1 _ - - --~ ~_ ' \~~17//• -'~~ ~~ ;-~ AFCHI7 ECT5 b T ~____ c __-__-_ -_-._-_-_---- .L_-...._ -_ -j _ B~ I ROOF PL?~N ~ROOPJ„ "O"TM W PLAN ~1 ,vm ' PLAN NORTH ~~-~~ r°~6 I -T u i J , ~.. tlEEgodn.Le >~C~ ` _ k ~ ~ : ^ / I ..... ....... L I _~ i .... AQ !w'~i I' ~ 5 "IKLnHp i+ti ~' . .......... .. ...... _.. ........... .......e t-1 I Si~IA-~wm ~ ~' ......... ..... _._ --'---. _. :...... ~ ~. i ~ ~ ~ ~ 1 ~~ L ~ .. . _ , .. a ~.,c:, sr~~. L.r'o I 9 _-_-____ ~ .r. _ . ~ . ~ .,,.I _ ~ ~`` _ ~ ___ _ -__-aeucon ~evE~i -'I I lf_7~1' L LII I It '171 I I1y~ ~ -_- _-_- -_-_ ___ -_- _ -_- _-._- -___-___-_-_-_- .-. L -.., ____-_-_ _ __-_-_ sue-iee o' KEYNOTES I. MOOD SIDING ]. STCNE VENEER 3. SNOGO FINISH 4. WOOD RAILING (TYP.) 9. WOOD SHJTTERS 6. WOOD TRIM AT EXTERIOR OPENINGS (TYPJ 1. WINDOW RECESSED IN STUOCq WALL B. WOOp DOORS 9. 9T0000 C-0UNTERFORT 10. STONE GOUNTERFORi II. 17' DIA. PEELED LOb COLUMN 17. COPPER CHIMNEY GAP 13. TYP. ROOFING 14. ROOF PITCH 6:17 MPJ 19. SKYLIGHT Ib. DOOR RECESSED IN STJ000 WALL 17. ELEVATOR PENTHOUSE ' 10. METER ENCLOSURE NORTH ~LEV~TION n D O D '~~ ~/ ~~-- . ................... _........................_................._............ I ~ la -~ ~~ I~ ~~ _ ~~ ~ ~ ~ _.. _._._.._ ,, ~.;. ~~ ....._.._ ............................................................. _......... _.................. SOUTH ELEVATION I SCOALE~I/8' I'-0' iG G w U Z zpp~ ~~00 Y fDS> U w G FRITZLEN PIERCE ARCHI7ECT5 9EXTERIOR~N ~E~EVATI ONS v ~~® I _.. ~~ le ~ >;, -~ ~ ~f~~ \~~~ ~ I _.,_ ~~~~ II' 'III r~ ' I ' 1 e„e_o I ~ E?~ST ELEY,~TION SGALE~ I/B' I'-0' 'dL~4~' _ i i~ _. ~-\} I ,i 1- _....I ~ .,~ ~JI ~.~~ _. ,~~-~: I WEST ELEV~4TION snwnae Lex~ o Ix^ALE-I/8' I'-O' 1 ^ _ - KEYNOTES I. 1'bOD bIDINb ].STONE VENEER 3. STUCCO FINISH 4. WOOD RAILING (TYP.) 5. WOOD SHUTTERS 6. W000 TRIM AT EXTERIOR OPENINGS fTYPJ "~ ~ ~ e 1. WINDOW RECESSED IN STILLO WALL 1 '~.....__. . p ~ ~ ..... ... ..._..... ........ ......... aaonMi.c e~'O~• B. WOOD DOORS _I.._.)i- _ ~ _-_ --_ --_ _--_ -__- -I ~ ............... ....... .. .... ....... "' e "'-NnN ~'v~lis'Leveaf' 9. SNGGO GCUNTGRFORT e n a i JI 10. STONE LOUNTERFORT ""4tAfK iAHD '-'CIA ~~' II. 11' DIA. PEELED L06 COLUMN ~ \ 12 COPPER CHIMNEY GAP """ !t IM LiwiNS ] 13. NP. ROOFING ® ~ eefaS. ,. ~ ~ i~ I I ........ ..,.. ... '- 14. ROOF PITCH • b:l] (TTPJ ~ iL I lI IB. SKYLIGHT .. .. f] . _...... e'.o'. .. ~ ~ ~ ~ .....- Bmwor l£vs i ~: ~ ~. i // ,-, Ib. DOOR RECESSED IN STUCCO WALL ~~~~'-'~ e IT. ELEVATOR PENTHOUSE i '~e~ IB. METER ENGIC'a1RE ....... ... ....... 6.wnaC iE~. ~.~..~ U Z~ ~o$°a w ~~~y ~ _~oo ~ "~> U Y ° FRITZLEN PIERCE ARCHITECTS ^O~EXTER~OR ~o ELEVATIONS ~~®2 t ~ _~>~ ~_ ~ ' ~> / ! i I ~~ ~'~~ i ~~ / T i ....... ....... .. I /-.i` ~ I ^~/ ... .............. .. ......... .......... _ .... ..... I. .F-` KEYNOTES I. VbOD SIDING 3. STONE VENEER 3. SNCCO FINISH 4. WOOD RAILING (TYPJ 4. WOOD SMVTTCRS 6. WOOD TRIM AT EXTERIOR OPENINGS (TYPJ 1. WINDOW RECESSED IN STlCCO WALL D. WOOD DOORS 9. SNCCO IAUNTERFORT 10. STONE GOVNTERFORT II. 13" DIA. PEELED LOb COLUMN 13. COPPER' CHIMNEY GAP 13. TYP. ROOFING 14. ROOF PITCH + 613 (iYP.) 19. SKYLIbHT Ib. DOOR RECESSED IN STlK.OO WALL Il. ELEVATOR PEI.THOUSE IB. METER ENCLOSURE n NORTH' ELE~/,~TION ~ Bi'~IDGE SCALE: I/B' • I'-0' ' 'o p s®D' I Iv O Q D __ afvnroN'iEVel'i• ... I - ~ ,,..a: .wblwati~h' ~~. _-___-____ __ __ - -~ ___-s9nlwTi~wl~rvs~3• _..... exe~o~ ...... ltA1rt L'4piNS ]'. -D ~~~~• ~~ ~ ~, ------ ---------- --- ~E ~SCUTH ELE~/~TION ~ Bf~IDGE I SCpALE~I/B' I'-0' 0 D w 2 U °_ Z Soo.g Boa ~' S W zaQa ~ -mao ~ '~> U ° Y a FRITZLEN PIERCE ARCHITECTS ~.~. o- m EX ~RICR~ ELEVATIONS ~~®~ Attachment: C '; opt ~ry~+ -- ~~ Department of Community Development -~ ' , 1V~11 Ui ~~,~ ~ , 75 South Frontage Road., Vail, Colorado 81657 ~~~~~-~~~ te1:970.479.2139 fax: 970.479.2452 " web: www.vailgov.com ~eneralInformation: 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 requirements must be submitted to the Community Development Department within twenty (20) calendar-days of the disputed action/decision. Action/Decisions being appealed: Dateof Action J C Board or Staff p cision: n rendering act~on~ ecision: IJ~'~jln ~f~ ~'~~i Does this appeal involve a specific parcel of land? es (no) If yes, are you an adjacent. pronnperty owner? yes (no) Name of Appell nt(s): /~~~~~T ~~"2 "~~ 2i^L M ~ P Mailing Address; ~~3~ /~f`~ ,, ~ :/ ~' ~ '~ Phone: 7 ?~ - ~ ~`~IS -° /~/1 f` Physical Addresi in Vail: .illl~'/.~ (- ~~ J~ ~~ Legal Description of Appellant(s) Pr in V il: Block: Subdivision: lrr~Tl71^Y! dJ iDl~ L. ` I _. Appellant(s) Signature(s): i ,yiy- ,.!; ~• ~ ~_„tinJ L. U~~~~ (Attach a list of signatures if more space is required). Submittal Requirements: - -"~- --~---- 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal.. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other " intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Oniy: ,' "Date Received: ~ ~~©~ Actr:iry iJc.~ ~~0~ 03~s ~ ~ c.~ Planner. ' '~ ~ ~ ;ProjPCt No~: ~ ~~ B ZZ F:\UserslcdevlFORNIS\APPLIC\,4ppeals.doc Attachment: D Submittal Requirement #1 We are signing this Appeal of the DRB approval for the development project at 4916 Juniper as "adversely affected persons." We are the abutters on the south property line of the development, and as such, the proposed house will be the closest to our home on 4839 Meadow Drive. The foundation will be 33 feet from our "sanctuary," spa room and deck with hot tub. The entire main dwelling area of the proposed home, i.e. master bedroom, living room, and dinning room will face our most private quarters with wall to ceiling windows and decks, outdoor lighting, and patios that come still closer to our,cherished living spaces. With the height advantage they will look down on our hot tub from all these rooms except the dinning room. While 33 feet is within the legal code setbacks, other neighbors when building, up until now, have respected their abutters and the average setback in the neighborhood is 110 feet. This is also true between houses, and where one house is on the edge of its lot, the next neighbor has moved over and average distances are around 75 feet between houses. This is how the proposed development affects us the most, but there are many other reasons we and others feel this proposal does not meet the Design Guidelines as outlined in the attached documents. While we are, perhaps, the most "adversely affected persons", the location and design of the house will adversely affect the other immediate abutters and many other people in the neighborhood who we hope to represent in our appeal to the Town Council Sincerely, Kathy and Bob Valleau 4839 Meadow Drive c chmenf: E Dear Members of the Vail Town Council: We, the abutters and surrounding neighbors, are appealing the most recent decision of the DRB to approve the Vail Viking Ltd. Development project at 4916 Juiuper in East Vail. This development proposal concerns a unique and beautiful hill located in the center of a residential neighborhood. The hill is visible from most everywhere in the neighborhood as it rises 43 .feet above the valley floor and is 300 feet in diameter. There are six lots that share the hill. Five of the lots have homes on them that are built either at the bottom or on the sides of the hill, cutting into the hill to keep a low profile and using the hill as 'a natural buffer to provide privacy to others and themselves while still having wonderful views up to the surrounding mountainsides. The new development situates the mass of this speculative house on the very top of the hill, rather than on the lower part and sides. To do this the house at the top of the hill is placed unusually close to two existing homes, requires many old trees to be cut down, the top of the hill to be blasted off, and in so doing destroys the natural beauty and harmony provided by this special landmark. The development invades the privacy of all immediate neighbors and provides little hope of sight and sound buffers, towering above the hilltop by 20 feet and stretching 1 i0 feet from front to back while rising 63 feet above the roadway. We, the neighbors, believe everyone has a right to develop his land according to his vision, but that this should be done respecting the natural landscape and the surrounding neighbors. The intent of the DRB according to Chapter 11-1- B "Area Character Protection", is to "exercise judgment in the public interest" as to "the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity." We believe this means the DRB should rule on site location and design as it affects the neighborhood. The DRB did unanimously deny this project on July 21 as in violation of Guidelines 3, 4, - and 5 and asked that the developers move the house lower down the hill. On August 18 at a conceptual review they again asked that it be moved lower, saying that the 12 inches the main floor had been lowered was not enough. On Sept 1 the project was resubmitted after moving another 12 inches lower and it was approved. At this meeting the DRB said it did not feel it could ask the developers to move the house. We ask you, the Town Council, to overturn the last ruling and ask the DRB to exercise its given authority to have the developers move further down the hill. Surely if the proposal did not meet the standards the first time, by moving 24 inches lower now, the Guidelines are still not met. Sincerely, ,~ Over 100 neighbors who object and signed the attached petition including the immediate abutters on all sides (ex Mr. Borgen who sold the-lot and now resides in Sprattle Creek) Attachment: F THIS ITEM 1V1AY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, October 19, 2004 at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's approval of a design review /' application (DRB04-0395), pursuant to Section 12-11, Design Review; Vail Town Code, { to allow for a new single-family residence, located at 4916 Juniper Lane/Lot 4, Bighorn r Subdivision 5th Addition, and setting forth details in regard thereto. Appellant: Bob Valleau Planner: Matt Gennett 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. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published October 1,2004, in the Vail Daily. Submittal Requirement #3 OWNER 4916 Juniper Vail Viking Ltd., 6707 E. Fremont, Englewood, CO 80112 ABUTTERS 4907 Juniper & Samuel & Bonnie Rechter, 1906 Decatur Dr. 4917 Juniper Louisville, KY, 40218 4916 Juniper William T. & Sally Slick, 10603 S. Evers Park Dr., Houston, TX 77024 4926 Juniper Borgen Vail Property RLLP, 2930 E. Third Ave; Denver, CO 80206 i Attachment: G 4819 Meadow Dr. Mr. & Mrs. Richard M. Leslie, 4116 Pinta Court, Coral Gables, FL, 33146 4839 Meadow Dr. Robert & Kathryn Valleau 4859 Meadow Dr. Tony & Cindy Ryerson Attachment: H NEIGI~®-I~®I) PETITION Tel TI-~ ~IAIIL D~SI~T~t ~TI~~I ~®A T® ACT TIC I'1Z~P®SEI~ ~ZTII,DINCJ PIJAN P~~ 4916 JZJNIPE~ I_,I~T. We, the neighbors in East Vail, ask the DRB to reject the proposed building plans for 4916 Juniper. The Town of Vail Development Standards Handbook, Chapter 1 1, describes the intent of the DRB to be to "preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property... " The proposed building, which will stretch 120 feet from the front of the lot to the very back and raise 67 feet from the roadway to the tap ridge, like a seven story building, will dominate the top of the hill top and rise 24 feet above the hill and surrounding trees. We believe this design and site location destroys.the "natural beauty of the neighborhood and its setting" and this "speculative" house reduces our property values unnecessarily. . Guideline #3 is to "Protect the unnecessary destruction or blighting of the natural landscape." By building the majority of the house on the very top of this hill, the natural beauty of this unique hill top in the center of the valley and visible to all of us is "unnecessarily destroyed and blighted". Guideline #4 "Ensure the architectural design, location.. have been designed so they relate harmoniously to the natural landforms ..and with surrounding development". All other homes, now sharing the sides of this natural feature, hug the hillside and use it to give them and their neighbors privacy. By building on the side of the hill, as other homes on Juniper Ln., the building would better respect "the natural landforms". In order to place the house on top of the hill it will be only 25 feet from one neighbor and 35 feet from another (while within code, other houses in this neighborhood are 50 to 100 feet apart, respecting their neighbor's privacy} and the new building will look down into everyone's previously private back yards and bedrooms. Guideline #5" Protect neighboring property owners ..by making sure reasonable provision has been made for.. sight and sound buffers, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring. uses." The proposed structure will tower 24. feet above the tap of the hill and require the removal of dozens of large, tall, old trees and it will be impossible to "protect neighbors with sight and sound buffers". All other homes in the neighborhood will be exposed to be viewed and view the new building. This structure, with full GRFA, could perfectly well be built on the base and side of the hill, as others have done, and use the hill to provide a natural and beautiful buffer from neighboring site and sounds, while still having excellent views in all directions and up at the mountain sides. ~. a ya- ~ ~ ~r 3~3 I i ' ,~' I We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Guidelines. ~ NAME ADDRESS L~: ~ r _ L 7 ~ ~ tL~ ~ v`' V ~~ v~cs~s ~.~ s~'~-~c ~' G~~=L-~-~' 1 1 ~ ~~ ,~ ~~' ~ ~ L~ ., :~ ~.', ~! !%~~ ~,~J~ ~,~~~ L.~-rZ~ t ~ ~, ,~ z -, ~~ ~ s- r~' ~ G ~ ~~`~ ~,~, ~.~•CL. ,, ~~~ r r TEL NUMBER DATE J~ ~ / / ~,/ ~~~~ ~ ~~~~ ` s `~' ~~~c~ = ~~~ -~ 7SiG,/~~ ~~~ ~ ~ . - ~_- Gt`~~r~ ~~ _TS~ 1~~~ . G~~ ~~ ~ _~ -~ ~ =-' ~~ -~~~~ s's~ -- S ~'C~ ,~ ~~. ~ ~ Its v C~ <,~~~. ~. ~ ~ rz ~, `~ - _ :~ s~ ~ ~ s7s ~ ~ jsPc~~o~~J~ s~zc~ . ~5 s ~ ~~ ~~~ ~ ~~~~~~~-L- ~~-~~ 2~2~~~ ~~- ~~ R l f U ! ~+ / G'a ~ ~ --~ 0~7 C` ~,~~ ~ ~~~~ - -- 3 ~ ~~~ ,~~~ f ~f ~ ~~~~- l . Ts~ ~~ ~`~7~77~~~/ ~~~~ ~~~ ,~--~' ~,,, r~~date~ ~7~1e, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Guidelines. NAME ADDRESS TEL NUIvfBE~. DATE -`! ~~~~~~ ~~~~.~~2~i1v ,j ~~3 %` (L~:~,' ~~~,',~--u~~l `f~e~--~ " j ~ ~7~ `i/v u ~J ~: J ;~ / L ~~ ~.~ J ~~ ~. ~~~ ~1~~~°~ ~~ ~~i1~n~~~~~~`~~`~ '~~ ~t~°'1 C ~ d'. .~~~ ~ I ~~ ? /~~~~. ..~~~: f- ~1 S~~ ~, fr j -~~ _~~- (~__ ~ f vac' / < C~J~/ tZ~ .7~' -`~` ~~l~ fit/ ~"'~~ ~U ~°~'' :~ .t; ~ i~"~ ~ ~ ~ ~ ~~ ~ ~ ~' f,~,~~ r ~.~~ ~~LJd~~..;~ ~ ~~~1Z1~1ir~'2 5~~~ y`~G:..~u't ~:~~(~ !~. ~', ~~~ ~S ~. .~~ L7 ~~ 9~~:~ r ~:'~ ~ ;~~ We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the communityand Town~f Vail Design Review Board Development Standards and Guidelines_ j NAME ~~ ~~~ ~ .r-- ~~~ ~ ~~ti `° ~ p z~L y:~ ~. `~ ~~~. ~~ ~(~ 'Y~ ~~ ~~-~:~~ ~ ~~- ~- ~- ,,~~ ADDRESS TEL NUMBER t-f ~~~:~, rn~~4~ ~--~ ~ ~~ ~ --~r ~~~ ~~~~ ~~~ ~. ~ ~0 ~/v-2~ ~~ ~c.E~~ c ~~'i S i-~1~~ ~ ~~ ( ~~ ~ r ~-~Co a ~7~e~c~~x.~ L~1 y ~6i DATE ~/~~ -,(~~ •2l r ~ ~~1 '~ 7~jc~ I~-~b~ ~~~'3 ~~~ ~~G-q v~c~ ~l~ ~' ~/~G° Z7~'3 ~~~~ ___._.. I ~/ 7 ~ - ,sy c7 S ~// ~--- a ~~~~. We, the neighbors of East Vail, ask that the DF.B reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Gr4idelines. NAME -~ ~ ~ ~ ~~i~=~ i ADDRESS TEL NUMBER DATE l r;, hIJJ~ r ~2cL ~~~1 ~ ~! X00 ~: ~~v ~z ~ ~ll q7U _y7 6 -~~/5 7~~s~~' . ~~ ._, r ~~ ~ - ~ ~~ ~~ ti~- i- ~~ ~ ~ ~ a~, i.. ~s' ~ s~~ ~ ~3 ` ~~ f ~ ~ L . I`~~G~_Gf. is t.-) ~.~ . Tj. L~- ` r' ~r~ ~ ~ ~~ C~i~~nvc.~ .~ ~,~~~~~~,n.a~i ~-1.~~ ~,~ ~~~L~,r, G~~v~ y ~~~ ~ ! ~~Ll'd~ ~r ~~ ~ ~ a~~~ ~e ~'L~~~. ~~~ ~s 7i~j~~ ~~ -5-~~~ %~/~~ y7c ~7~ ~7~ ~~ vz 7~~ 1 ~ ~ -- ~ 7~ ~- Cn ~ 7 ']J1 ` ~ ~` We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 491 b Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Guidelines. ' .~ ~ ~~ ~'~--fir ~~~,9~ ~l7l. 7 L~ ~~ -- ~~~. DATE ~7~1.:~~'J ~1 .7 ~~ ~,: f -s` :~-'~c ~ -7 ~~' 7 ~ ~1~~~~~ti ~-' --~-- ~ .CAL-q--,.~,~ ~`g ~ 9~--~~~ ~; ~~ ~,~~~ j ~~~~~~ ~~ ADDRESS y~7%~~ ~ ~~L~-u~i~)~,-.~~~t~TEL ~ ~~7C i~ ~L~ - ~1 S(r ~~,~%~~l~dr~ ~J~ ,, `~~/c- /~/~~,, V GleM ' f,.~'~ ~~ y ~ ~~~ a y 7~ yzi i I .~ ~~ vy ~/s We,, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Guidelines. NAME ADDRESS era ~~ , f... DATE l -~ ~ ~ f L~ c~ ~~ -- ~ ~ ~- --_, ~. ~_ /~ ~ ~ =~ ~~~~ ~~~~ ~' ~~ _~y~~~~ ~~~~ ~~~ `.~ L NUMBER G~ ~~~ tl ~~' ~ p~~ ~~~~ ~~~J 1G C~~~- Gf ~ ~ - ,~ 7~ - ti 4 [o.~ pggq `~ l~i° ~g .i We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community land Town of Vail Design Review Board Development Standards and Guidelines. NAME ,... ,, ~ ~~ ADDRESS TEL NLTIVIBE$ ~ y ~.~ ~ h , ~,~,~ ~a ,-~,~ ~7G ~~ ~ f ~ ~~ I~, ~/ l l ( i ~: ,~ ~ ~ f DATE z~ 2 c~ ° I l ~_ 07/19/2004 19:57 3037945394 ALA MEG PAGE 02 -~1 .;, We, t3ae r~eag~abvgs a~ fast V~~l, ~ ~ t~a~t I31~ seje~t the p~m~ de5i~ mad saw l~~®n ~s 4~~ J:aa~.a ~,~ aslC tsasa~ #~ rev~s~:# nn 1a~ze ~?vsrh ~e 1~~ nl: c~~n~~3y a~°~d "T®gwc~ c~~T~,l pe,ag~ k~evi,~,v Bid i.?evel~gen~ert Sadnssls ~d Ctaid~l~z~~. ~3,~~ AT9~~E~S 1~..I~.Tx'~ IAA ~.~ ~ ~L_p,~',~d~ci y '~ ~"~'~ ~;r4c~ ~~' Yid-rc. ~ ~~ ~ c~ We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community i nd Town of Vail Design Review Board Development Standards and Guidelines. ~ `' NAME ;~ ~~ ~. _--'~- ~'~•Lr -~ ~~ ~: - ~ ,,~ ~. ~ -~~ ~~~ ~~ ADDRESS TEL NUMBER DATE I ~,i C~~~%c~ it ~~ ~~~- ~~~- ~' ~'l ~ , . `i _L C;- `"' ; `7 "l~ ~ ~ ~~ ~~~" ~ _' l ~ C ..~ z,~ ~ ~,~~~ We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of the community and Town of Vail Design Review Board Development Standards and Guidelines. NAME ADDRESS TEL NUMBER ' C- (~~.. r . L ~~~ ~~ ~~ ~'rrf~ ~~ c~~i~~ 1~C~~ ti . ~~ c~ ~~ ~,, ~rc~l,~ ~~- 1 ~'"- ~, ~ ~~ w~~ ~ G~ _ ~~~~ . ~~ ~s ~. DATE f ~~ '] ~~~~~ '~1 ~~1~- ~~~~~~~ ~~~~~~ l~ s k ~~ We, the neighbors of East Vail, ask that the DRB reject the proposed design and site location for 4916 Juniper and ask the builders to revise it in line with the welfare of t'~e community~and Town of Vail T~esign Review Board Development Standards and Guidelines. ~~ NAIv1E >- ~~ etA. ~c~~>; Jul 17 ~~ 08:©9p :~ ROBERT VALLcAU ADDRESS ~ 9~-b J ~~i ~ e~~ . TEL NUMBER DATE 1 s-S.~ ~~3l~-~~~~~ ~11g1~ i Brien Hausman 9~9-2B1-B9 FE FAX r~. ~ 970gi;0E56 ?u2. 17 2004 ~ ,~ . ~ ~:26PM P4 We, the noiuhbors of l:.ast Vail, ask that the DR}3 rejec~ the prapused desi~ and site location fnr 49 i 6 Juniper and ask the builders to revise it in fire with the ~~zlfasc of the community and Tnwm of Vail I?csi.~r Review F3aaru Devetapment S,~~ndards and Eiuidelines., ?~TA~u1E Apt)RFSS 3~'L lv'l1Mi;3ER f}ATE ~ ~~ i FF.'OM :T~e~s P,~sidencc ~qM : ART V~.' L,~iU Wa, the meighEsasn; 01' List li'aiL ask T~atl ~h;B r~jsGt t1,e pres¢aUSaad i~sa~r- ;,start site ioc:atinn for 49 t b Jui~iz end atsk tLe b~aii~crs ti3 zeviyc iG in line with tree welfare of the cummunitg~ and'Cpwn s~f Veil L3..^si~;n, T~.cview ~c~rd I'~~i~lvnmeast gtan~rd.5 assd CruidelineS. ~~~~~~~~ ~1~~~~ Jul 18 04 Q8;35p 3RR~ ar.d FRRN L'P,QUHRRT 713 5ZJ 9PR3. p,3 ~~ FA;{ PdO. :3©19831E2d Fret htl. 9'7Cd7'7'OS~~• Jul. 20 20© 03:21Ph1 P^_ Jul. 20 !`~2~F''t ~ °A'e, the t~vi~t9ba~s vi'~ast Vail, ask ttaat the L~" reject ttte ~opcse,~ cleyiga a,~u site locatsUn fnr ~il(s 7~T1ips:r ar~~i x5k the buii~i~rs Ya t~ai~ it in ii~e ray(h c}ae vdelt~a'e of the c~mmu~aiay and'Cas~e-n of Vati I~,;3i~r, I~cvieav Smsrd .~3evelapa~~z ~taand~rt~ anti t;talde(ir~a;s, ~~ G~ .T ~ ~~~~. 'tEL Pd' t$ ~~ ~ r ~ .~ e~ ~ ~ i f• .. r~! IVIEi~IORANDUI~i TO: Vail Town Council FROM: Community Development Department DATE: October 19, 2004 SUBJECT: First reading of Ordinance No. 24, Series of 2004 Applicant: Manor Vail Lodge, represented by Zehren and Associates Planner: Warren Campbell DESCRIPTION OF THE REQUEST _ The applicant, Manor Vail Lodge, represented by Zehren and Associates, is requesting a first reading of Ordinance No. 24, Series of 2004, an ordinance establishing Special Development District No. 38, Manor Vail Lodge; and setting forth details in regard thereto. The purpose of Ordinance No. 24, Series of 2004, is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive The staff and applicants are requesting that the Town Council listen to a presentation on the proposed ordinance and approve Ordinance fVo. 24, Series of 2004, upon first reading. !n addition to Town Council approval of the first reading of Ordinance 24, Series of 2004, staff and the applicant are requesting answers to two questions which will affect how the Developer Improvement.4greement will ,be drafted for review upon return for second reading of this ordinance. 9) The applicant is proposing to utilize the Town owned tennis courts for staging of materials, which is located on the parcel of land adjacent to IVlanor Vail Lodge along Vail Valley Drive and in return the applicant would resurface the courts. Does Town Council wish to grant the applicant the use of the tennis courts? 2) The applicant has proposed to construct an elevator on the rear of Building C which would have associated walkways which would wrap around the elevator and encroach into the Town owned stream tract. Does the Town Council wish to grant fhe encroachment of improvements onto Town owned land? If so would Town Council desire a land trade or an easement to be created for those improvements? The applicant has proposed a land swap of 430 square feet of property on the eastern most ,corner of the site in return for the 34 square feet of encroachment on four floors at the rear of Building G. II. BACKGROUND On September 13, 2004, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 38, Manor Vail Lodge. The applicants were requesting approval for the establishment of a new special development district with the following deviations: ~ • A maximum allowable building height of 57.4 feet versus 48 feet, ~ • An increase in allowable density to 25.7 units per acre versus 25 units per acre (6 dwelling units over allowable number of dwelling units), ~ • An increase in allowable Gross Residential Floor Area to 164,321 square feet versus 139,630.5 square feet, and i Encroachments of cantilevered walkways on Building C onto Town Of Vail stream tract property measuring 34 square feet for each of four floors. Upon consideration of the request, the Commission voted 6-0-1 '(Gunion Recused) to forward a recommendation of approval of the request to the Vail Town Council. The Commission's recommendation of approval includes sixteen (16) conditions of approval, as outlined in Section 4 of Ordinance No. 24, Series of 2004. The Commission's recommendation of approval includes the following finding:) "That the proposal to establish Special Development District IVo. 38, Manor Vail Lodge, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction Hof the Commission, based upon the testimony and evidence .presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. ~ With regards to proposed building setbacks, that: a. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed building setbacks will provide adequate availability of light, air and open space. c' d. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions or 2 other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. With regards to proposed building height, that: a. Proposed building heights comply with applicable elements of the Vail Village Master Plan. b. Proposed building height will provide adequately preserve views of the Gore Range from Vail Valley Drive. c. Proposed building height will provide a compatible relationship with buildings and uses on adjacent properties. d. Proposed building height will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. That proposed gross residential floor area of 118% and additional seven dwelling units over allowable in the High Density Multiple-Family zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the High Density Multiple-Family zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " A copy of the staff memorandum to the Town of Vail Planning and Environmental Commission has been attached for reference. In the time since the September 13, 2004, Planning and Environmental Commission recommendation of approval the applicant has eliminated one dwelling unit and one elevator on the rear of Building C. Staff believes these changes are improvements to the proposal as there is now a surplus of two parking spaces over that required and there is less proposed encroachment into the Town owned stream tract. III. STAFF RECOI~iii~ENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2004. IV. ATTACFiIl~ENTS A. Ordinance 24, Series of 2004 B. Proposed plans for redevelopment dated October 19, 2004 C. Photo renderings of the proposed improvements D. Memorandum to Planning and Environmental Commission dated September 13, 2004 ORDINANCE NO. 24 Series of 2004 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 38, MANOR VAIL LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOlflIN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Manor Vail Lodge has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 38, Manor Vail Lodge, to facilitate the redevelopment of an existing lodge; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 13, 2004, on the application to establish Special Development District No. 38, Manor Vail Lodge, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail finds that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 6-0 (Gunion recused) of this request to the Vail Town Council; and WHEREAS, the Vail Town Council finds that that the request to establish Speciai Development District No. 38, Manor Vail Lodge, complies with the design criteria prescribed in Ordinance No. 24, Series 2004 Attachment: A the Title 12, Zoning Title, Town .Code of Vail; and provides a harmonious, conven relationship among land uses consistent with municipal development objectives; and workable WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 24, Series of 2004, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE VAIL, COLORADO, THAT: Section 1. District Established N OF Special Development District No. 38, Manor Vail Lodge, is established for development on three parcels of land, legally described as Lots A, B, and C, Vail Village 7`~I Filing, which comprise a total of 232,932.4 square feet (5.347 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 38". Special ~ Development District No 38 shall be reflected as such on the Official Zoning Map of the Towri of Vail. The underlying zoning for Special Development District No. 38, Manor Vail Lodge, shall be High Density Multiple-Family (HDMF) District. Section 2. Special Development District No. 38, Manor Vail Lodge, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council fi i ds that the i Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and Ordinance No. 24, Series 2004 2 Associates, entitled "Manor Vail Condominiums, Studio, and Manor House Addition/Renovation", dated October 19, 2004. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 38, Manor Vail Lodge. The development standards for Special Development District No. 38, Manor Vail Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 38, Manor Vail Lodge, shall be those uses listed in Sections 12-6H-2, 12-6H- 3, and 12-6H-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 38, Manor Vail Lodge, shall be 236,966.4 square feet (5.44 acres). C. Setbacks: The minimum setbacks for Special Development District No. 38, Manor Vail Lodge, shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 38, Manor Vail Lodge shall be fifty-seven and four tenths (57.4'), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 38, Manor Vail Lodge, shall ~ be 164,321 square feet grid the maximum allowable density shall be one Ordinance No. 24, Series 2004 3 hundred forty-one (140) dwelling units and one (1) Type III Employee Housing Unit, and as indicated on the Manor Vail Lodge Approved Development Plan, dated October 19, 2004. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: • Dwelling Unit (139) - 163,691.0 square feet • Type III Employee Housing Unit (1) - 630.0 square feet Total 164,321.0 square feet F. Site Coverage: The maximum allowable site coverage shall be forty and four tenths percent (40.4%) of the total lot area, and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least forty and a half percent (40.5%) or 95,979 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20%) of the minimum landscaped area. The landscaping I and site development shall be as indicated on the Manor Vail L dge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be two hundred fifty-four (254) of which thirty-two (32) will be include in a private parking club and the minimum number of loading a d delivery i bays shall be two (2), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. '~ Section 4. Conditions of Approval ~I The Applicant and Developer, agrees to comply to the following conditions of approval; Ordinance No. 24, Series 2004 4 which shall be part of the Town's approval of the establishment of Special Development District No. 38, Manor Vail Lodge: Prior to Second Reading of Ordinance 1. That the developer meets with the Town staff and prepares a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of the ordinance approving the establishment of Special Development District No 38, Manor Vail Lodge. This memorandum of understanding shall include, but not be limited to, all streetscape improvements along Vail Valley Drive and Hanson Ranch Road, details for the improvement of Mill Creek, and details for funding and establishment of a Town of Vail streetscape Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. Prior to Final DRB Review 2. That the developer submits a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 3. That the developer submits a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. Prior to Submitting for a Building Permit 4. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 5. That the developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated September 2, 2004, prior to submitting an application to the Town ~ Ordinance No. 24, Series 2004 rJ it of Vail Community Department for the issuance of a building permit fort this project. 6. That the approval of the conditional use permits is not valid unless an ordinance approving the associated special development district amendment request is approved on second reading. Prior to Requesting a Temporary Certificate of Occupancy 7. That the developer posts a bond to provide financial security for 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed raised pedestrian walkways across Vail Valley Drive, resurfacing of the tennis courts if granted permission to stage upon them, and Ford Park pedestrian pathway reconstruction. 8. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the To n Attorney. All easements shall be recorded with the Eagle .County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. This includes but is not limited to the easement required for the relocated Ford Park pedestrian pathway. 9. That the developer shall be assessed an impact fee of $5,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department, as addressed in Attachment E of the September 13, 2004, memorandum. The Public Works Department has calculated the fee to be $85,000 for the aidditional 17 trips generated by the project. This fee shall. be used to pay for improvements on Vail Valley Drive, Chalet Road, and East Gore Creek Drive. 10. That the developer provides deed-restricted housing that complies with'~the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4) employees on the Manor Vail Lodge development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County `Clerk & Recorder, prior to Ordinance No. 24, Series 2004 6 I issuance of a Temporary Certificate of Occupancy for the Manor Vail Lodge. The required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 11. That the developer receives an easement from the Town for those improvements which would be located within Town of Vail property on the rear of Building C. 12. That the parking club be limited to 32 spaces to allow for the elimination to the two parallel parking spaces to the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces within the club occur as outlined in the proposal. 13. That the developer shall commence initial construction of the Manor Vail Lodge improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 38, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. c Ordinance No. 24, Series 2004 7 Section 6. The Vail Town Council hereby finds, determines and declares ordinance is necessary and proper for the health, safety and welfare of the Tc and the inhabitants thereof. The Council's finding, determination and declara based upon the review of the criteria prescribed by the Town Code of Vail anc evidence and testimony presented in consideration of this ordinance. iat this vn of Vail on is the Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any. other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST.READING, APPROVED, AND OR PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of October, public hearing for second reading of this Ordinance set for the 2~d day of N RED and a ber, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 24, Series 2004 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 2004. ATTEST: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 24, Series 2004 9 MEflllORANDUiVI TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 13, 2004 SUBJECT: A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow forthe construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-6H-3, Private Clubs and Civic, Cultural and Fraternal Organizations, Vail Town Code, to allow for the sale of parking spaces, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Zehren and Associates Planner: Warren Campbell SUI~iIVIARY The applicant, Manor Vail, represented by Zehren and Associates, are requesting a recommendation from the Town of Vail Planning and Environmental Commission to the Vail Town Council of a development application to establish Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending approval of the applicants' request with conditions. A complete summary of our review is,provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Manor Vail Lodge, represented by Zehren and Associates, is requesting a recommendation from the Town of Vail Planning and Environmental Commission to the Vail Town Council of a development application to establish Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge. The establishment of Special Development District No. 38, Manor Vail Lodge, is intended to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. The applicant is proposing to add an additional floor to Buildings D, E, and F ,anew floor to portions of Buildings A, B, and C, and two level connections between Buildings F and E, D and E, and D and B. According to the Official Town of Vail Zoning Map, the proposed development site is located in the High Density Multiple-Family zone district. As such, development on the site shall be governed by the regulations outlined in Article 6H, High Density Multiple=Family (HDMF) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of~the new Manor Vail Lodge include: o The establishment of the extension of the Town of Vail Streetscape Master Plan by Attachment: D creating a plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. The applicant is proposing to contribute $100,000 to establish a Streetscape Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. The applicant is also proposing to construct those improvements agreed to on Chalet Road; © The stream bank stabilization of Mill Creek. The applicant is proposing Ito work with staff to develop a plan for revegitating and stabilizing the banks of Mill Creek on their t property; • Improved fire truck access to Buildings D, E, and F; • The elimination of all wood burning fireplaces within the project; • The selective removal and limbing of trees along the Ford Park path as agreed to with the Town upon future study and review of the impacts, both aesthetic and environmental; ® The construction of one new on-site deed restricted employee housing unit with four beds; ® Expansion and upgrading of one of Vail's High Density Multiple-Family zoned properties with 18 new dwelling units at the base of Vail Mountain; • Improved live-bed base added to the existing lodging inventory; and ® Elimination of the existing north surface parking lot and the provision of a new underground parking structure with a landscaped garden on the surface of the structure. • The establishment of a private parking club to allow for the sale of parking spaces within the subterranean parking structure; • The construction of two raised pedestrian walkways across Vail Valleyi Drive; • The exchange of 430 square feet of property in return for the dedication of 215 square feet of Town of Vail stream tract property at the rear of Building C to allow for walkways on the second floor and above to extend over the property line. Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting deviations from the prescribed development standards for building height, density (number of units), Gross Residential Floor Area (GRFA), and additional bulk and mass in required setbacks. ~ A vicinity map showing the location of the project and complete set'of reduced plans illustrating the proposed development have been attached for reference (Attachments A & B). The applicant has also prepared a narrative of the proposal entitled, Manor Vail Condominiums Redevelopment, dated September 13, 2004, which describes in greater detail the proposal including public benefits and improvements (Attachment C~). GACKGROUND On July 14, 2003, the applicant, Manor Vail, was before the Planning and Environmental Commission to request a height and setback encroachment variance for the construction of an additional floor on top of Buildings D, E, a'nd F. That application was tabled as staff was recommending denial of the height variance and the Commission could not make a finding of a hardship. The applicant requested the tabling in order to redesign the proposal so as to eliminate the needjfor a height variance. In association with this application the applicant held a work session with the Town of Vail Design Review Board where the Board generally expressed that the proposal was an improvement. The variance application was later withdrawn as the applicant was planning to submit an application for a Special Development District. On December 3 and 17, 2003, and March 3, 2004, the applicant met with Town of Vail Design Review Board for conceptual review discussions on the Special ~ ~~ Development District proposal. The Board's review at these meetings focused primarily on building mass and the architectural form of the proposal. On December 8, 2003, and January 12, March 8, and June 26, 2004, the applicant met with the Town of Vail Planning and Environmental Commission for a work session on the Special Development District proposal. The Commission's review at these meetings focused on building mass, deviations from the High-Density Multiple Family District standards, and public benefit. On April 6, 2004, the applicant met with the Town Council and proposed to improve the existing tennis court site and Mill Creek with landscaping and stream bank improvements as part of their public benefits associated with this project. The applicant proposed to repair the tennis courts as they are currently in need of repair. This repair would occur after their use as a staging area for the proposed Manor Vail improvements. In addition, the applicant proposed to relocate the pedestrian path leading from Vail Valley Drive to Ford Park. The applicant also proposed the construction of a portion of the walkways and decks on the rear of Building C within Town stream tract land. In general, the Council was not favorable towards the elimination of the tennis courts for the creation of a new park, the relocation of the Ford Park path onto Town property south of Vail Valley Drive, nor the use of Town land for private improvements. IV. ROLES OF REVIEWING BOARDS Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the following: o Permitted, accessory, and conditional uses Evaluation of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. i i F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitise to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping:. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.; Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Design Review Board: ~ Action: The DRB has NO review authority on a SDD proposal, but must preview any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. I The DRB is responsible for evaluating the DRB proposal: Architectural compatibility with other structures, the land and surroundiings • Fitting buildings into landscape • Configuration of building and grading of a site which respects the topography • Removal/Preservation of trees and native vegetation • Adequate provision for snow storage on-site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • Circulation and access to a site including parking, and site distances • Location and design of satellite dishes • Provision of outdoor lighting • Compliance with the architectural design guidelines of applicable masfi,er plans. 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'I advises the applicant as to compliance with the design guidelines. ~ Staff provides a staff memo containing background on the property and prop evaluation of the project with respect to the required criteria and findir recommendation on approval, approval with conditions, or denial. Staff also f~ review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal for the following: Permitted, accessory, and conditional uses Evaluation of design criteria as follows (as applicable): ides a staff cgs, and a cilitates the 4 A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Conditional Use Permit Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public . facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and harking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the use. 6. The environmental impact report concerning the proposed use, if an enviror impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The DRB has NO review authority on a CUP, but must review any DRB application. proposed imental Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: I The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and prop evaluation of the project with respect to the required criteria and findii recommendation on approval, approval with conditions, or denial. Staff also f~ review process. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Couricil on Nc 1986. The plan is intended to serve as a basis from which future decisi made regarding land use within the valley. The primary focus of the V~ Plan is to address the long-term needs and desires of the Town as it m; Town of Vail has evolved from a small ski resort founded in 1962 with a~ 190,000 annual skier visits and virtually no permanent residents to a con 4,500 permanent residents. The Town is faced with the challenge c accommodating the increase in permanent residency as well as the incrE visits, while preserving the important qualities that have made Vail succ is a considerable challenge, given the fact that land within the Valle defined finite resource, with much of the land already developed at tf• The Vail Land Use Plan was undertaken with the goal of addressing this ides a staff cgs, and a cilitates the vember 18, ins may be it Land Use ~tures. The proximately ~munity with f creatively ase in skier ~ssful. This yisawell- is juncture. ;hallenge in mind. A secondary purpose of the Vail Land Use Pfan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort whi-e accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core .areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity should be preserved. (scale, alpine character, small t~ mountains, natural setting, intimate size, cosmopoli environmental quality.) 5.0 Residential of Vail and wn feeling, an feeling, 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and -upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan" land use category. Pursuant to the Plan, the "Vail Village Master Plan" land use category description, "Vail Village has been .designated separately as a mixed use area and accounts for 77 acres or about 2 % of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specifically in more detail." 'i Town of Vail Streetscape Master Plan The Town of Vail is in the process of preparing a revision to the adop Vail Streetscape Master Plan. The original Master Plan is an outgrowt Village Urban Design Guide Plan. The Guide Plan was created in 1 guidance to the overall physical development for the Village. In addition broad design guidelines, the Guide Plan suggested specific physical im for the Village. Improvements such as new plazas, new landscape area vvith the construction of these public improvements included proposals numerous private sector improvements. Improvements such as buildii outdoor deck expansions, and fagade improvements. The Streetscape was written in part to provide clear design direction for coordinated p~ improvements. According to the Master Plan, the purpose of the plan is comprehensive and coordinated conceptual design for streetscape im that: ed Town of i of the Vail 982 to give to providing ~rovements etc. Along :o complete ig additions Master Plan ablic/private to provide a ~rovements 1. is supported by the community; 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. Vail Village Master Plan The Vail Village Master Plan is based.on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan are Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.3: Enhance new development and redevelopm lent through public improvements done by private developers working in cooperation with the Town. ~ Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Objective 2.6: Encourage the development of affordable h fusing units through the efforts of the private sector. Goal #3 To recognize as a top priority the enhancement of the walking lexperience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. Goal #4 To preserve existing open space areas and expand green space opportunities. Objective 4.1: Improve existing open space areas and create ~~new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. ' Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. ' Objective 5.1: Meet parking demands with public and private parking facilities: ;\ Goal #6 To insure the continued improvement of the vital operational elements of the Village. ~ Objective 6.1: Provide service and delivery facilities for existing and new 10 development. Objective 6.2: Provide for the safe and efficient functions of fire, police and public utilities within the context of anaesthetically pleasing resort setting. Specific Sub- Area Details found in the Vail Village Master Plan East Gore Creek Sub Area (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the heights of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Cleary, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment of this sub-area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. #6=2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the northern most buildings adjacent to Gore Creek and other adjoining pedestrian areas. Height of structures shall be limited to prevent impacts on view to the Gore Range from Village Core and Vail Valley Drive. Present and future traffic demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1.2, 2.3, 2.6, 3.1, 4.1, 5.1, 6.1. Town of Vail Zoning Regulations Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail 11 comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The. special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. Chapter 12-16: Conditional Uses Permits (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional fuse permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses ink the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has p analysis of the proposal in relation to the requirements of the Vail Code. The ~ the prescribed development standards are shown in bold text in the table analysis performed by staff took into account the reduction in lot area created b proposal to exchange 430 square feet of Manor Vail property for 215 square owned stream tract property to accommodate the proposed elevators on the re. C. Zoning: High Density Multiple-Family Land Use Plan Designation: Vail Village Master Plan Study Area Current Land Use: Mixed Use/Residential Development Standard Allowed Existin Proposed Lot Area: 10,000 sq.ft. 236,966:4 sq.ft. 236,751.4 Buildable Area: Setbacks ~rformed an evictions to Below. The the current yet of Town r of Building ft. 232,932.4 sq.ft. 232,717.4 'sq.ft. Front: 20' 8' 8' Sides: 20' 20'/100' 20'/100' Rear: 20' 1' 1' Milf Creek: Building F 30" 5' 5' Parking Structure 30' 11' 30' j Building Height: 48' 32' 57.4' Density: 25 units/acre 23.2 units/acre 25.9 units /acre 12 ~~ 133.5. D.U.s 123 D.U.s 141 D.U.s VII. VIII GRFA: 139,630.53 sq. ft. 121,365.4 sq. ft. 164,321 sq. ft. Site Coverage: 130,213.27 sq.ft. 66,995 sq.ft. 95,744 sq.ft. (55%) (23.5%) (40.4%) Landscape Area: 71,025.42 sq.ft. 77,146 sq.ft. 95,979 sq.ft. (30%) (32.6%) (40.5%) Parking: 223 spaces 178 spaces 254 spaces provided 221 required (33 surplus) (33 in proposed parking club) BOLD indicates deviations from the prescribed development standards. SURROUNDIiVG LAND USES AND ZOINIIVG Land Use North: Public Park South: Commercial East: Public Park West: Open Space/Residential Zoning General Use District Ski Base Recreation District General Use District Outdoor Recreation District/High Density Multiple-Family THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the establishment of special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in fhe Vai! Comprehensive Plan. An approved development plan fora Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the special development district. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. ~ The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the 13 I proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity; character, visual integrity and orientation. The Manor Vail Lodge development site is located along the eastern side of Vail Valley Drive across from Golden Peak. An attached vicinity map has been provided for reference (Attachment A). The development site is adjoined on the north and east by Ford Park and Town of Vail owned stream tract, on the south by Ski Club Vail and Golden Peak, and to the west by Town of Vail owned open space (tennis courts) and Texas Townliomes. The neighboring residential properties include The Wren, Apollo Park, Texas Townhomes, All Seasons, Golden Peak Lodge, Pinos Del Norte and Northwoods. All of these properties with the exception of Golden Peak Lodge, zoned Ski Base Recreation, are located in the High Density Multiple-Family zone district, and thus share the same development standards. The neighboring residential properties enjoy similar development characteristics with the exception of Texas Townhomes. The buildings constructed on the neighboring properties are all three to five story tall buildings and most have been granted deviations from the minimum setback requirements and several have been granted height deviations through SDD's or are legally non-conforming in regards to heights above 48 feet. In addition, several properties such as Apollo Park and The Wren exceed the number of allowable dwelling units as they were annexed into the Town of Vail. According to research of Town files, other properties currently zoned High Density Multiple= Family (HDMF) have been issued setback variances. Several of those prope ~ ies include the Evergreen Lodge and Apollo Park. The Evergreen Lodge encroaches on the Middle Creek and Frontage Road setbacks. Apollo Park was granted a variance to allow fora zero setback on February 10, 1972. The applicant is proposing to increase the bulk and mass within setbacks with the additions proposed on top of the existing structures. ~ hose area were bulk and mass are being increased is due to the fact that the existing structures are currently located within setbacks. The proposed addition of new stories on Buildings D, E, and F and on portions of Buildings A, B, and C will cause the proposal to exceed the 48-foot maximum height permitted under HDMF zoning. Staff performed extensive research on all the properties zoned HDMF within the Town and found that multiple properties exceed the maximum height of 48 feet as they were constructed'prior.to being annexed into the Town. The Evergreen Lodge tower is currently at a height of 72 feet and rezoned to Special Development District#14 on February 6, 1990, in order to obtain additional GRFA on the site. Other properties over 48 feet in height include the-Lodge at Lionshead with a height of 51 feet, Vail International, the Wren, 14 Apollo Park, and the Alphorn. Specific heights are not known for Vail International, The Wren, Apollo Park, and the Alphorn as they were constructed prior to annexation into the Town, but all four files reference the fact that they exceed 48 feet in height. The Manor Vail Lodge development site slopes toward Gore Creek and Mill Creek in the area where Building F is located: Although the existing grades prior to development are not known it appears that at least two feet of dirt was excavated to create the functioning walkout basements. It is on Building F where the greatest height is found within the proposed project. The primary ridge on Building F is proposed to be 57.4 feet tall. The heights of the other buildings fluctuate between 48 and 56 feet tall. The architectural design of the Manor Vail Lodge, like its neighbors, is governed by the design guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and the by the recommendations Vail Village Master Plan. As such, the architectural design of the proposed lodge is intended to be compatible with the unique European alpine village character prescribed for Vail Village. The exterior design of the lodge is a mixture of stone, stucco and wood. Many of the finer details have not been resolved nor presented to the Design Review Board The applicant is requesting a deviation from the maximum allowable building height, encroachments. into required setbacks, maximum allowable GRFA, and maximum amount of dwelling units. Pursuant to Section 12-6H-6, Setbacks, of the Vail Town Code, the required minimum setbacks are 20 feet from all property lines. The existing Manor Vail Lodge is legally non-conforming in regards to setbacks on Buildings A, B, C, and D. Pursuant to Section 12-6H-7, Height, of the Vail Town Code, the maximum allowable building height in is 48 feet for sloping or mansard roofs. The applicant is requesting a maximum allowable building height within the special development district of 57.4 feet which occurs only on Building F on the north side. Both Pinos del Norte and the Evergreen Lodge have created SDDs in order to gain development rights in excess of that permitted under HDMF zoning. Pursuant to Section 12-6H-8, Density Control, Vail Town Code, the number of allowable dwelling units on the site is 133 units and the allowable GRFA is139,630.53 square feet. The applicant is proposing to construct 141 dwelling units totaling 164,321 square feet of GRFA which is 8 dwelling units and 24,690.47 square feet of GRFA in excess of allowable. The Vail Village Master Plan addresses the Manor Vail Lodge development site throughout the Plan. In regards to building height the Ptan includes a conceptual map identifying potential heights of existing and future structures and states: "The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact on the streetscape and relationship to surrounding structures. " The Plan identifies Buildings E and F as being 5 to 6 stories in height and the remaining Building as being 3 to 4 stories in height (The Plan identifies a story as being 9 feet in height and the Plan does not include roof structure). A copy of Conceptual Building Height Plan is attached for reference (Attachment D). Most recently the Tivoli Lodge, identified as being 3 to 4 stories tall in the Plan, established SDD #37 in order to achieve a 56-foot height limitation. Although the Tivoli Lodge is not zoned HDMF it is addressed within the Vail Village Master Plan. The Tivoli Lodge contended that the 48-foot limitation did not adequately address current hotel accommodation building trends. A 48-foot height limitation permits 9-foot floor to floor sections with an additional 12 feet for sloping roofs as recommended in the various town master plans (9' X 4 floors +12' = 48'). According to the 15 applicants, the proposed 56-foot height limitation is justified as it permits four floors of hotel with 11-foot floor to floor sections and 12 additional feet to accommodate the sloping roof (11' x 4 floors +12'= 56'). The applicant's proposal includes the addition of two elevator towers on the rear of Building C. Building C currently exists anywhere between 5 and 10 feet from the property line. The proposed elevator shafts would go right up to the property line. In conjunction with the elevator shafts the applicant has proposed walkways which would wrap around the perimeter of the shaft and therefore extend out over Town of Vail property. The amount of deck area which would extend out over Town property measures approximately 215 square feet. The applicant has proposed a land exchange of 430 square feet for the 215 square feet encroachment this proposal would require. Staff believes that it is in the better interest of the Town to provide the applicant with a perpetual easement for the improvements which would go away if the improvements were ever removed. Many of the properties zoned HDMF were constructed prior to annexation into the Town and possess multiple nonconformities such as encroachments into setbacks, excess GRFA, and number of dwelling units in excess of that permitted under HDMF zoning. Staff feels that the requested deviations in terms of increased bulk and mass within setbacks and i eight would not be uncharacteristic of neighboring properties such as Apollo Park, The Wren, and other properties within the HDMF District. It is likely that in the future developments like All Seasons, Texas Townhomes, The Wren, and Apollo Park would need to utilize the SDD process to accomplish major renovations to their projects. ~ B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses, activities and densities for the Manor Vail Lodge development site are prescribed by the underlying zoning. According to the Official Town of Vail Zoning Map, the underlying zoning for the proposed special development district is High Density Multiple-Family District The High Density Multiple-Family Zone District encourages the development of~high density multiple-family dwellings including public and semi-public facilities and lodges at a density of twenty-five (25) dwelling units per acre. The surrounding land uses and zoning district designations are outlined in Section VII of this memorandum. As previously discussed, the same development standards and uses that apply to the Manor Vail Lodge development site apply to the all of the surrounding developed properties with the exception of Golden Peak. The Manor Vail Lodge is proposing to add 18 units to the 121 units which exist in conjunction with the on-site accessory guest amenities (i.e., meeting rooms, work out room, bar, restaurant, outdoor pools, etc.) With the exception of requested deviations to from the maximum allowable building height, encroachments into required setbacks, maximum allowable GRFA, and maximum amount of dwelling units, the proposed lodge conforms to the development standards prescribed for the development site and the surrounding properties. Like several other HDMF zoned properties, the applicant is proposing to utilize the special development district process to facilitate the successful redevelopiment of the Manor Vail Lodge. Staff believes that the application complies with this criterion. Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plaris, providing affordable housing for employees is a critical issue which should be addressed~through the planning process for special development district proposals. In reviewing the proposal for ,. 16 employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriott and Special Development District No. 6 -Vail Village Inn development proposals. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use), that results from the redevelopment. The figures identified in the report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each~of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided. housing and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. The Manor Vail Lodge special development district does exceed the density permitted by the underlying zone district in both number of dwelling units and GRFA. Employee Generation Calculations - iViiddle of Range a} Lodging (Dwelling Units) 18 new units proposed@ (0.75/unit) = 13.5 employees 13.5 new employees x .30% 4 new employees The applicants are proposing to provide one, four-bedroom, Type III deeded-restricted employee housing unit approximately 630 square feet in size on the first floor of the Manor Vail Lodge. Staff believes that the application complies with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total 17 number of required parking spaces for the Manor Vail Lodge is 221 spaces. The applicants are proposing to provide a total of 254 spaces of which 152 (59.8%) of the parking spaces are to be provided in the underground parking structure. Out of the 152 parking spaces in the subterranean parking structure 119 (53.8% of required parking) would be attributed to the required parking with the other 33 proposed to be made available for inclusion in a for- sale parking club. The proposal also redesigns the surface parking lot along Vail Valley Drive in order to bring it into greater conformance with current parking design standards. The proposed redesign of the surface parking lot and subterranean structure increases the amount of landscaping on the site. Within the Vail Village Master Plan the Manor Vail Lodge development site is inciluded within the East Gore Creek Sub Area (#6) plan. Within the text for this sub area it states: Cleary, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment of this sub-area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. Staff has identified three (3) parking spaces which raise a concern in terms of their location. Although they comply with parking standards staff believes there could be potential conflicts with the aesthetics desired by staff and the Design Review Board in the past. Two of the parking spaces of concern are parallel spaces located on the north side of Building A in an area the Design Review Board has identified on previous applications as being in need of increased landscape area along the entry lane to the project. The third parking space of concern is located along the Ford Park pedestrian path in the turn-around area for the loading and delivery at the rear of Building B. Staff's concern is the aesthetic impact of having a vehicle parked along the pedestrian way which we have worked so diligently to improve with this project. Staff suggests eliminating the three parking space and reducing the size of the proposed private parking club to 30 parking spaces. ~ In order to establish a private parking club offering for-sale parking spaces the (Town Code requires the review and approval of a conditional use permit by the Commission. The developer is proposing to establish a 33 stall private parking club. Staff. addresses the criteria for the establishment of a private parking club later in this section. Staff will address the conflict in establishing a private parking club when there are 26 parking spaces within the setback along Vail Valley Drive. . The applicant has developed a program for the initial sale of the 33 proposed parking spaces which would utilize five successive offerings to larger and larger geographic areas (Attachment C). The applicant has proposed that future sales of parking not be required to go through the process of successive offering as it is believed that purchasers may be likely selling any space along with their unit if it is in the vicinity. The proposed method of selling the parking club spaces initially and in the future is consistent with the program established for the P3 and J parking structure created by Vail Resorts Development Company. ~ ~. The applicant believes that there is a possibility that a unit within the complex will be eliminated as market research is furthered developed regarding the different; units. The 18 applicant would like to discuss with the Commission whether or not the Commission would be amenable to a potential future amendment to the proposed SDD No. 38 to increase the parking club to 35 parking spaces. Staff believes that if a unit were to be eliminated that the parking should go towards creating a surplus of additional parking which could then be translated to the elimination of parking within the Vail Valley Drive setback Currently, Manor Vail Lodge has only one loading bay at the rear of Building B. This proposal requires two loading bays. The applicant is proposing to maintain and improve the existing loading bay and create an additional loading bay near the fire staging area on the south surface parking lot near the existing pool. Staff believes that the application complies with this criterion. However, staff believes there are benefits to eliminating the three parking spaces identified above which would require the reduction of the private parking club from 33 to 30 spaces in order to comply with the parking requirements. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies anc9 Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 19 2.4 The community should improve summer recreational 'and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.0 Village Core /Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. ~ 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5:5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs ~ should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan"land use category. 20 Pursuant to the Plan, the "Vail Village Master Plan" land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specifically in more detail." Staff believes that the application complies with this criterion. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. Goal #4 To preserve existing open space areas and expand green space opportunities. 21 Objective 4.1: Improve existing open space areas and create with greenspaces and pocket parks. Recognize the different rc type pf open space in forming the overall fabric of the Village. Goal #5 Increase and improve the capacity, efficiency and aes transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and facilities. Goal #6 To insure the continued improvement of the vital operational el Village. Objective 6.1: Provide service and delivery facilities for existi development. new plazas ales of each cs of the parking ents of the and new Objective 6.2: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. Staff believes that the application complies with this criterion. Town of Vail Streetscape Master Plan The Town's Streetscape Master Plan does identify East Gore Creek Drive and Chalet Road within the East Village portion of the Town of Vail Streetscape Master Plan. rimary pedestrian route between Vail Village and Lionshead Mall. The Plan identifies the need to create stronger more consistent pedestrian connections in the East Village analysis. The goal is to improve the quality of the walking experience and give continuity to the pedestrian ways as a continuous system. The Plan identifies the concept of establishing a pedestrian connection on the vacated right- of-way to the north of the Rams-Horn lodge (presently used for parking) which would allow for a great deal of:the pedestrian and vehicular conflict on Vail Valley Drive to be eliminated. The Plan states that it would be difficult to secure easements and address the loss of parking if a pedestrian path were to be established. The creation of a detailed plan, as proposed by the applicant, for East Gore Creek Drive and Chalet Road staff believes could be the solution to the problems identified in the Streetscape Master Plan. The applicant has proposed to contribute $100,000 to the creation of a streetscape plan for East Gore Creek Drive and Chalet Road. After the plan was create and approved by all appropriate parties the remainder of the $100,000 not used in the creation of the plan would be used to construct the Chalet Road improvements. Staff anticipates that the creation of the master plan will fall between $40,000 and $50,000. Staff believes this proposal is a great public benefit as it will create a stronger link to pedestrian pathways leading to Ford Park: I As previously discussed in Section VIII of this memorandum, staff believes that the application complies with this criterion. ~~ 22 E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Manor Vail Lodge development site is not located in any geologically sensitive areas. However, portions of the site are within the 100-year floodplain of Mill and Gore Creeks. No development is proposed within the 100-year floodplain. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. According to Section 12-6H-10, of the Vail Town Code, the minimum landscaped area requirement for development in the HDMF zone district is 30% of the total site area. The total landscaped area requirement for the Manor Vail Lodge development site is 71,025 square feet or 30% of the total site area. The applicant's proposal has 95,979 square feet of landscaped area which is 24,954 square feet in excess of that required. According to Section 12-6H-9, of the Vaii Town Code, the maximum site coverage requirement in the HDMF zone district is 55% of the buildable lot area. The total amount of site coverage permit on the Manor Vail Lodge development site is 130,213 square feet. The proposal currently has a site coverage of 95,744 square feet which is 34,469 square feet below the maximum site coverage permitted. The applicant's proposal includes the addition of units and GRFA over existing structure with the exception of the connections between Buildings D and E, E and F, and D and B. The proposal allows all bulk and mass to be placed upon existing structures as contemplated in the Vail Village Master Plan and does not propose additional structures in the area of the existing parking structure as the Plan contemplates. The addition of new units over the existing structures and the creation of a subterranean parking structure allow the project to meet several goals of the Vail Village Master Plan for creating more greenspace and establishing a better pedestrian experience which includes removal of surface parking. Staff believes that the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for adequacy of the circulation to ensure that it is designed for both vehicles and pedestrians on and off the site. Following the review of the plans the Public Works Department forwarded their written final comments in a memorandum, dated September 9, 2004. Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate. None of the comments, however, when addressed, significantly alter the final outcome of the project. A copy of the memorandum with the final written comments from the Public Works Department has been for reference ~ (Attachment E). To address the concerns of circulation of pedestrians and vehicles and the conflicts that are 23 present between the two the applicant has proposed to construct two raised pedestrian crosswalks at the intersections of Gore Creek Drive and Hanson Ranch Road with Vail Valley Drive. Staff would like to address the fact that the addition of 18 new units and a private parking club will have impacts on traffic on Vail Valley Drive. Staff believes that it is~ likely to be minimal the Commission should be aware of the incremental increase in traffic generation. The applicant's proposal for offering the parking spaces for-sale in five increasing geographic areas should minimize the traffic impact created by the private parking club. As previously discussed, staff believes that the application complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicants are proposing to preserve all the mature trees currently located on the site including those along the existing pedestrian path into Ford Park and within the south surface parking lot. These trees add a significant aesthetic value to the Manor Vail Lodge development and could not be replaced in their existing condition on the site. Like the applicants, staff believes that these trees are a valuable asset to the development site and surrounding neighborhood. As such, staff recommends that the Planning. and Environmental Commission requires the applicants to submit a tree protection plan prepared by a Certified Consulting Arborist to the Design Review Board for review and approval prior to final approval by the Board of the proposed project. There is an impact on landscaping and open space in conjunction with the proposed parking club as there are 26 parking spaces proposed to remain within the setback along Vail Valley Drive. Staff believes that there are definite public benefits to bringing Manor Vail into greater compliance with the Code if all or a portion of the parking spaces in the setback were removed and a landscaped area was created to buffer the project from the street and create a more aesthetic environment adjacent to one of the major portals to Vail Mountain, Golden Peak. While staff does not believe the establishment of a private parking club consisting of 30 or 33 spaces (depending on the Commissions decision regarding the 3 spaces staff identified as have concerns with) is a reason for denial staff does believe the Commission should be aware of the benefit which could be achieved if all or a portion of the parking in ithe setback was removed. Maybe a compromise of a smaller private parking club and reduced parking in the setback is the solution. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property is not necessary to facilitate the development of the Manor Vail Lodge. B. Consideration of Factors Regarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives o the Town. 24 Type III EHU: The Town has identified the need to establish EHUs in conjunction with the redevelopment of properties such as Manor Vail Lodge which employee a great deal of people.. The creation of a four bedroom EHU on site satisfies the requirement placed upon the project as discussed above. Private Parking Club: Staff believes that the proposal to establish a private parking club will address several of the goals established in the Vail Village Master Plan. Those goals are as identified in Section V of this memorandum. Goal #5 and Objective 5.1 and the goals and objectives identified in Sub-Area #6. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Type III EHU: The addition of a four bedroom EHU at the Manor Vail Lodge will have a positive effect on the above criteria as it will provide an opportunity for several employees to live on site. Private Parking Club: The establishment of a private parking club could have a positive effect on the transportation facilities. It is anticipated that many of the for-sale parking space will be purchased by property owners in the immediate vicinity of Manor Vail which will help with the existing shortage of parking at many of the surrounding properties. Staff bases this assumption on the purchase tendencies of for-sale spaces sold at the new P3 and J structure. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Type III EHU: The addition of a four bedroom EHU at the Manor Vail Lodge will have a positive effect on the above criteria as it will provide an opportunity for several employees to live on site. Private Parking Club: The establishment of a private parking club could have a positive effect on the transportation facilities. It is anticipated that many of the for-safe parking space will be purchased by property owners in the immediate vicinity of Manor Vail which will help with the existing shortage of parking at many of the surrounding properties.. Staff bases this assumption on the purchase tendencies of for-sale spaces sold at the new P3 and J structure. Staff also believes that the establishment of a private parking club will have potential impacts on the traffic on Vail Valley Drive. As it is likely to be minimal the Commission should be aware of the incremental increase in traffic generation. The applicant's proposal for offering the parking spaces for-sale in five increasing geographic areas should minimize the traffic impact. 25 4. Effect upon the character of the area in which the proposed use is to including the scale and bulk of the proposed use in relation to surroui located, ing uses. Type III EHU: The addition of a four bedroom EHU at the Manor Vail Lodge will have a positive effect on the above criteria as it will be established within the existing building. Private Parking Club: The proposed private parking club will have no effect on scale or bulk as all the spaces will be located within the subterranean parking structure. However, there is an impact as there are 26 parking spaces proposed to remain within the setback along Vail Valley Drive. Staff believes that there are definite public benefits to bringing Manor Vail into greater compliance with the Code if all or a portion of the parking spaces in ithe setback were removed and landscaped area was created to buffer the project from the street and create a more aesthetic environment adjacent to one of the major portals to Vail Mountain, Golden Peak. While staff does not believe the establishment of a private parking club consisting of 30 or 33 spaces (depending on the Commissions decision regarding the 3 spaces staff identified as have concerns with) is a reason for denial staff does believe the Commission should be aware of the benefit which could be achieved if all o ~ a portion of the parking in the setback was removed. Maybe a compromise of a smaller private parking club and reduced parking in the setback is the solution. I B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: ' That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the High Density Multiple-Family Zone District. 2 3 That the proposed location of the use and the conditions underwhich it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION Special Development District The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Vail Town Council of the development application to establish Special Development District No. 38, Manor Vail Lodge, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village Filing 7. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a 26 recommendation of approval with conditions, staff recommends that the following findings be made as part of the motion: Special Development District No 38 Manor Vail Lodge "That the proposal to establish Special Development District No. 38, Manor Vail Lodge, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. With regards to proposed building setbacks, that: a. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed building setbacks will provide adequate availability of light, air and open space. d. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions orotherpublic benefits that could not otherwise be achieved by conformance with prescribed setback standards. With regards to proposed building height, that: a. Proposed building heights comply with applicable elements of the Vail Village Master Plan. b. Proposed building height will provide adequately preserve views of the Gore Range from Vail Valley Drive. c. Proposed building height will provide a compatible relationship with buildings and uses on adjacent properties. d. Proposed building height will resulf in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. That proposed gross residential f/oorarea of 118% and additional seven dwelling units over allowable in the High Density Multiple-Family zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the High Density Multiple- Familyzone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and ~ that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." 27 Staff's recommendation of approval includes the following conditions: That the developer meets with the Town staff and prepares a mem understanding outlining the responsibilities and requirements of the regi improvements, prior to second reading of the ordinance approving the e~ of Special Development District No 38, Manor Vail Lodge. This mem understanding shall include, but not be limited to, all streetscape iml along Vail Valley Drive and Hanson Ranch Road, details for the improve Creek, and details for funding and establishment of a Town of Vail Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet >randum of aired off-site tablishment ~randum of >rovements ment of Mill >treetscape load. 2. That the developer submits a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 3. That the developer submits a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. ~ 4. That the developer posts a bond to provide financial security for the 150oo of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. This includes but is not limited to the proposed raised pedestrian walkways across Vail Valley Drive, resurfacing of the tennis courts if granted permission to stage upon them, and Ford Park. pedestrian pathway reconstruction. 5 6 7 That the developer shall prepare and submit all applicable roadway a easements for dedication to the Town for review and approval by the To All easements shall be recorded with the Eagle County Clerk and Reco prior to issuance of a Temporary Certificate of Occupancy. This includ limited to the easement required for the relocated Ford Park pedestria That the developer shall be assessed an impact fee of $5,000 for the ne p.m. traffic generation as determined by the Town of Vail Public Works I as addressed in Attachment E of this memorandum. The public Works has calculated the fee to be $85,000 for the additional 17 trips gene project. That the developer shall provide detailed civil plans, profiles, deta disturbance and construction fence for review and civil approval by the of Public Works, prior to submittal of a building permit. limits of -artment 8. That the approval of the conditional approving the associated special approved on second reading. 9. use permits is not valid unless an ordinance development district amendment; request is That the developer shall commence initial construction of the Mano improvements within three years from the time of its final approval at se of the ordinance establishing Special Development District No. 38, Zs d drainage rn Attorney. fer's Office s but is not pathway. increase in epartment, lepartment rted by the Vail Lodge and reading id continue diligently toward the completion of the project: If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 10. That the developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated September 2, 2004, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 11. That the developer receives an easement from the Town for those improvements which would be located within Town of Vail property on the rear of Building C. Conditional Use Permits The Community Development Department recommends that the Planning and Environmental Commission approves with. conditions the applicant's requests for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-6H-3, Private Clubs and Civic, Cultural and Fraternal Organizations, Vail Town Code, to allow for the sale of parking spaces, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village Filing 7. Staff's recommendation of approval is based upon the review of the criteria described in Section VIII of this memo and the evidence and testimony presented. Should the Planning grid Environmental Commission choose to approve the applicant's requests, staff recommends that the following conditions: That the developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4) employee on the Manor Vail Lodge development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge. The required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 2. That the parking club be limited to 30 spaces to allow for the elimination to the two parallel parking spaces to the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces within the club occur as outlined in the proposal. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following findings be made as part of a motion: 29 That the proposed locations of the use is in accordance with the pur conditional use permit section 'of the zoning code and the purposes of which the site is located. es of the district in 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. X. ATTACHMENTS A. Vicinity Map B. Reduced Set of Plans C. Manor Vail Condominiums Redevelopment, dated September 13, 2004 D. Vail Village Master Plan: Conceptual Building Height Plan E. Public Works memo dated September 2, 2004 F. Public Notication 30 ._ ~. FYs ~ '^PS ~_- .ter - - - - iw~~Ao~ _ ,.s. _ _ ~,.,. ...6';., ~J-: ., ._ ~ 9, ;i ''~ w x(; F `~ ,~~ .r~'~~' -E%~~?~~i.'t:' ~~ ~'~ C"~`~'.'7~ ~ +~-'~ N>`,; p~~~y._~~'°4`!~,~ +{~~+g ~; u,~ r`x s,..T,- L v re ~,.~G ~ ~.. ~.~- .3 0: ~ ... •.; r . l ~:- ~_g +i,.51.~ ~- @U~ ?=may .:-ii sc:r' ; C:,~'~ ia; ~ ~ '~~;3 ~ ~ 1t `c-a:i ~ t~ ~ ~ ~x7 &~ ~ : tt:~.~ ~+.~n .5~1~ K~' ~ ~~ L, s.~ ~a 'i,i j~ a G ~~ :~ ~ ~.S '~v ..= ~-•~Iv,~'J - +, .~; ~ ~''~~nriii~g r~~ ~nviror~r~~~nd~! 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A. ,~ _ sir. .;,~. .1~.r; :erY-."~'`~i6.~tan~~~'_' ! rV'i _-.r`d b 1:.?~'r5.7~fi~~-4 ~; ~ , 1'c•'4~ "~ ' This mao was created by the Town of Vall GIS ~eoarimont. Use of Ihls mao should 6o for'ganeral pumoses only. The Tovm of Vall does not warrant the eccuracv of the Information contelned horeln r:~ .~. ,~~ 5 }~. ~Yr %,~` -~,~ f F O ~ f{M~`b`~~pC IsK t'~ ~ ~~ ~m mow` •.-i1......s Z ELLH R E r1 AND ASSOCIATES, INC. East West i'artners - _ r: ,. Spec~a~ ~evee;;pP~e~* has#rac# ~5~~)_Appl~ca~~~ ,. ' 'SPECIAL DEVELOPMENT DISTRICT MANOR VAIL CONDOMINIUMS (AKA THE MANOR ~ " VAIL LODGE); PURSUANT TO ARTICLE A, SPECIAL, DEVELOPMENT (SDD) DISTRICT; ` CHAPTER 9, TITLE 12, ZONIPdG TITLE, TOWN CODE OF VAIL. - :, .. _ -_ ., _ . . __ . r ': I~escriptflon of the Proposeat Project :, i.~ ' .. Through this application, a Special Development District (SDD) is being requested for'the Manor Vail Lodge. The SDD is being requested for improvements to existing buildings and nzw development on one parcel of land, legally described as Lot A, Vail Village Filing No,.7, which comprise a total of 236,996 square feet (5.44 acres} in the Vail Village area of the Town of Vail. The. underlying zoning for the '.°s .. _.. proposed SDD is High Density Multi-Family (HDMF). The Development Plan for the SDD shall be comprised of materials submitted in accordance.with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and Associates, Inter-Mountain Engineering, Lunceford Landscape, and Melick Associates, entitled "Manor Vail Lodge .Studio and,:. Manor House Renovation and Addition",dated June 28, 2004. .. ; ..... . The existing development on the site consists of 123 residential condominiums with a total GRFA of° 114,824 square feet. In addition there is an existing restaurant (the Lord Gore), conference facilities;' front desk and administrative offices, a swimming pool with deck area, and surface parking for_178.cars. The existing development is located in six buildings entitled A, B, C, D; E, and F as iridicafed on the"~ Existing Conditions map. ,.. - ., ,, , , . . ,. . . The proposed improvements include the following: - - - =° ,. . .:.. 1.. ADDITIONAL~RESIDENTIAL UNITS / GRFA .. , A total of 18 new residential units are being added: 1 over Building A at the fourth level, 2 over'' Building B at the fourth level, 5 over Building C at the fourth level, 6 over Buildings D, E and F at .the fourth level, and 4 between Buildings D and E as well as between Buildings E and F at the` third and.fourth levels. A total of 49,768 square feet of new GRFA is being proposed within the 18 " residences.. :... ~ .. -. .. . ~ ... ~:: A summary of the residential units and GRFA is provided in the Zoning Analysis..• ~ :.: , 2. REMODEL OF EXISTING BUILDING EXTERIORS The exteriors of Buildings A, B, C, D, E and F will be.remodeled to a motuitain lodge theme while maintaining an aesthetic consistency within the SDD. The remodeling will provide uniformity due to the fact that the Manor Vail Lodge is an existing property with an existing ownership group. Each building will have some subtle differences to provide individuality, yet each will remain identified with the overall character of entire property. These differences will include changes in dormer detailing, gable roof forms, cladding materials and railing treatments. In addition to the aesthetics of these buildings, Manor Vail Lodge will upgrade the egress stairs and add accessible elevators. SDD Application September 13, 2004 Page 1 of 6 a 3. EMPLOYEE HOUSING UNIT. .: ._ The new development will provide one new deed-restricted housing unit in Building B t with t_he Town of Vail Employee Hausing require~~lents (Chapter 12-13) for a m~inil-num employees: The deed-restricted employee housing will be made available for occupancy restrictions will be recorded with the Eagle County Clerk & Recorder: The .type III deed employee housing unit will not be eligible for resale and the unit wilTbe owned and open ., . ;...: anor Vail Condominium Association: ' 4. UNDERGROUND PARKING STRUCTURE, SURFACE PARKING. AN17 Fnu-~Ar ~ A new two-level underground parking structure accommodating approximately 152 spa located in front of Buildings D, E and F on the northwest portion of the project.:This ne replace of the existing surface parking lot. The parking structure'will be buried, aid-the the structure will be.reclaimed as a landscaped park:. ;~. .., a . ... Within the parking structure up to 35 spaces will be for-sale spaces (only spaces that exc parking requirements will be available for sale); and it is intended that these;spaces will third parties for their private use. A proposed marketing plan has been includedrwith thi Surface parking near the entry area at Building B will accommodate S parking spaces. 7 - ~:; <' and functioning surface parking area to the south of Buildings A, B, and C sliall be upda ::.landscaping where possible along Vail Valley Drive and to provide functioning parking loading dock space for the Lord Gore Restaurant has been designated in a location that c infringe upon parking spaces and is partially screened by existirib landscaping The soul parking will accommodate 96 cars...: - ~~• The combined total parking spaces within the SDD will therefore be 254 cars. at complies .f four (4) and the deed ~estricfed ~ted by the °s, will be e garage will and above :ed the e sold to submittal.:-- ie existing; °d to add paces. A ; .es not lot surface ~... ;... ; '°LANDSCAPE PARK AND EXPANDED OPEN SPACE ,: __ ~ An additiona132,200 Square feet (0.74 acres) of landscaped park will be added to the open space of the property. This will be accomplished by replacing the surface parking with a below grade parking structure, adding gardens and stone walls to encapsulate the entire parking structure,_and relocating the maintenance sheds that are attached to buildings D and E fo the underground parking structure. 6. ENHANCED FORD PARK PATH - Ford Park Path willbe realigned and improved from its entry onto the west side of the property near Mill Creek until it joins the existing pathway to the east of the property. Through paving, signing and landscaping Ford Park Path will present an inviting accessway to the public. The pathway will ""' interface with the new landscape park over the parking garage. This new alignment will eliminate cross over conflicts between pedestrians and vehicular traffic and will provide an aesthetically leasin ex erience for edestrians usin the ath: ~ ' - P g P P g P 7. STABILIZATION AND BEAUTIFICATION OF MILL CREEK The developer will cooperate with the Town of Vail to acquire the necessary approvals aid provide landscape enhancement and stream bank stabilization for the section of Iv1i11 Creek that passes between the proposed parking structure and the existing tennis courts to the west of the property. This new landscaping will help to visually integrate Mill Creek, the newly aligned Ford Park Path, and the new park and gardens to be built over the parking garage iri front of Buildings D, E and F. S. t i SDD Application September 13, 2004 Pa e 2 of 6 LOADING AND SERVICE -_ ' _ - The existing loading dock at. the east side of Building B will be enhanced and upgraded with building - materials and design to match the rest of the upgraded architecture: Garbage will be kept in an" enclosed structure integrated into the architectural design of the building and beneath and expanded outdoor area for the Fitzwilliam's Lounge. Anew stair will be constructed accessing this riew seating terrace providing a new activity on the,route to Ford Park. -h, 9: ACCESS GATES RELOCATED WITH A NEW TURNAROUND - .. , The existing card access gate at the main entry to Manor Vail is locatedjust inside the property off Vail Valley Drive. This gate will be relocated to the entry ramp location to the underground parlting structure allowing public access to the existing turn around at the front door to the Manor Vail Lodge during daytime hours. -This will help to alleviate any traffic caused,by access congestion. Anew gate at the property boundary, that will remain open during daytime hours,.will, close overnight for guest safety. ,. , , . 10. FIRE DEPARTMENT ACCESS ~ :-: - ` A new fire department access will be provided from the entry drive at the hotel entry along the•frorit; of Buildings D, E and F with a hammerhead turn around. Fire Department access for Buildings A, ~B; and C will occur at the surface parking lot to the south of the ,buildings. - _ , . 1 l: STREAM TRACT ENCROACHMENT ~ ' As part of this proposal, The ManorVail Condominiums will transfer, convey or dedicate 430 square feet of land to the Town of Vail at the east end of the property adjacent to the secondary access to ``- Ford Park off East Vail Valley Drive in exchange for 65 square feet of land on the north side of Building C so that a walkway and handicapped access, with cantilevered balconies, can be constructed wrapping around two new elevators on the back of Building C. ~evial~®~s frar~ the ~eve~®pa~a~rat Stan~a~-€~s ®f 1<Jnderiying Z®ning. - The proposed development deviates from the development standards of the properties underlying zoning in the following manner: 1. SETBACKS Portions of the existing structures and portions of the proposed new improvements fall within the 20- foot setbacks called for in the underlying zoning. Those portions of existing and proposed buildings, roofs, and balconies that will be located. within the setbacks are described in detail in the Zoning • Analysis. 2. GRFA AND RESIDENTIAL DENSITY The GRFA of the proposed development will exceed the allowable Gross Residential Floor Area (GRFA) of the underlying zoning by 24,736 square feet, or 18%. The allowable GRFA is 139,585 square feet, and the proposed GRFA is 164,321 square feet (including the 581 square foot Employee Housing Unit). The Residential Unit density of the proposed development will exceed the allotivable density of the underlying zoning by 7 units. The proposed development will have 141 dwelling units (plus 1 Employee Housing Unit). The allowable density of the underlying zoning is 134 units. This represents a 5% increase in density, SDD Application September 13, 2004 - Page 3 of 6 3. BUILDING HEIGHT The maximum allowable building height of the underlying zoning is 48 feet. The building height of the.proposed.development will exceed this maxi-num allowable height: In geiierai, the heglt.limit is exceeded.by approximately 2 to 10 feet: The exact deviations are i:idicated iri t1ie~Zonina and on the Height Analysis Plans. . , r b Analysis ~.... ~©n~a~-rna~ee of the ~rapased llaetlevel~prn~nt wrg#~i the ~~al~ arn~d P®~e~~s os~# Wall ~illabe I~a~#er Pram :' '. ~ .. Manor Vail enjoys a unique location within the Town of Vail. This property is literally ad~~ primary summer and winter recreational amenities Vail is known for; the world renown Vai: .Mountain and Ford Park, home to the equally renown Bravo concert series (among others). functions as one of two portals for pedestrian access to Ford Park from t$e Village. It is a hi property and one that would benefit from redevelopment. The Vail Village Master plan (adopted in 1990) anticipated the redevelopment phase Vail is undertaking and outlined the goals and policies by which future town officials would evalua that redevelopment. The redevelopment of the Manor.V_ail Condominiums has been propose generally conform to the intent of the goals and policies of the.Vail Village Master Plan as fc Goal #1: (page 13) ENCOIJ~AGE ~GI-I QtiA1LITY ItElOEVEL®P1~iIEt~i'I` `'~~ILE P;E Ti~E 1`TIVIQIJE A~Cd3ITECTIJ~AL SCAF,E ~F TIDE ~II,LAGE Iia Tt3 S><1STAI1tid ITS SEl~1SE ®E C~3i,~II~dJNITY A°]I~ II~Ei'~tTITY . Objective 1.2 - Encourage the upgrading and.,redeveloprnent.of residential and commercial, This redevelopment proposal will upgrade and~redevelop a residential condominium prof Policy 1.2.1 -Additional Development maybe allorvecl as identified by'the Action Plan G consistent with the Vail Village Master Plan and Urban Design Guide Plan. The Action Plan within the Vail Village Master Plan identifies Manor,Vail as part of,Eas ;and identifies potential lodging infill on top of buildings E and F and on top of the existir surface parking lot. - - .. , . °~ i~ #~e ent to the Ski talso ;hl}%,visible :.:~:: «~W ., ... :.. e and guide d to ~ ' Vows: ESEItVII~1G ' ®~I~R acilities. erty nd as is .Gore Creek g north: _ Goal #2: (page 15) T® I~GSTEI~ A STIg~O1+1G T®U~IST I1'd1~US'I'RY AND PI~Gi~DTE YEAR- A~DIJi~J~ ECGPV®I~F~C.I~AET~ APII) VIA.~~I,ITY ;F~~ TI~E.VILI,AGE AI~lI3 Fall TI-IE COI'~'IMi11~1ITY AS A WIC®I,E ..... . Objective 2.S -Encourage the continued upgrading, renovation and maintenance of existing lodging and cormercial facilities to better serve the needs of our gzzests, ~ ' ' This redevelopment proposal will upgrade and renovate an existing lodging property. ` r Objective 2.6 -Encourage the development of affordable housing units`through the efforts of the private sector. _.. ... _ ,. One type III deed-restricted employee housing unit containing 4 beds will be created as p ~ rt of the redevelopment. It is anticipated that less than 8 new employees will be generated by the additional development, therefore, 50% or more of the additional employees can be housed on site. I I SDD Application September 13, 2004 Page 4 of 6 Goal #3: (page. 16) T® RECOGNIZE AS A T®P PRI®1~TY.TI~E -... -v. ENIIANCEI~IENT OP T;fIE V4'AI..I~ING EXPERIENCE TIIROUGI~®UT' TIIE VII,I.,AGE Objective 3.1-Physically improve the existing pedestrian ways by landscaping and other.,improvements. This redevelopment proposal will replace a surface parking lot adjacent'to the existing'Ford~Park Path and replace it with a new landscaped garden..The path will be realigned to eliminate pedestrian= vehicle conflicts. •. , Policy 3.1.1. -Private development projects shall incorporate streetscape improvements, ..~, along adjacent pedestrian ways. As part.of this redevelopment project; a proposal is made to assist in the planning and construction'of 'streetscape improvements to East Gore Creek Drive and Chalet Road.along with the upgrades that will be built for the Ford Park path. ~ . ,..: , . Policy 3 1.3. -Flowers, trees, water features, and other landscaping hall be encouraged throughout .: the,Town in locations adjacent to, or visible from; public areas. ' The new landscaped garden that replaces the existing surface parking lot will provide a landscaped:;;. , improvement visually expanding existing open space at the tennis courts and provide the type of ~, ,,, „ . , _. ,.. hatura setting ariticipated in this policy. Objecttve 3 4 Develop additional sidewalks, pedestrian-oiTly walktivays and accessible green space '~ .~ areas, including pocket parks and stream access. ~ .. Through improvements to Mill Creek and the creation of the new landscape garden, the`fown~of Vail will gain a visual improvement and accessible green space adjacent to a pedestrian-only walkway,.; ,,. Goal #4: (page 18) TG PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND .. _ ... . GREENSPACE GI'P®RTUNITIES Objective 41='Improve existing open space areas and create new plazas.with greenspace and pocket= a ! "` parks. 'Recognize the different roles of each type of open space in forming the overall fabric 'of the ~ `= Village. The Vail Village Master Plan, Open Space Plan identifies the tennis court area as an active recreation area. The new landscape garden and the Mill Creek improvements will expand this existing amenity and will create new, diverse greenspace within the Village. Goal #5: (page 20) INCREASE AND Il°~PROVE TIIE CAPACITY, EFFICIENCY, AND AESTIFIETICS GF TIME 'TRANSP€~RTATION ANI) CiRCUI,ATIGN SYSTEIVI TI-IR®UGIIOUT TIIE VII.I.AGE Objective S.1 -Meet parking demands tivit,~i public and private parking facilities. Policy 5.1.3 -Seek locations for additional structured public and private parking. The proposed for sale structured parking spaces will provide additional private parking adjacent to both summer and winter amenities as intended by this objective. Policy 5.1.5 -Redevelopment projects shall be strongly encouraged to provide underground of visually concealed parking.. A new underground parking structure will be built to replace the existing surface lot adjacent to the existing Ford Park Path. Approximately 60% of the total parking spaces will be provided within this new underground structure. SDD Application September 13, 2004 - Page 5 of 6 Goal #~i: (page 2G) TG iFNS~J 3' CGNT~li1E1)1(iYIPI~aV~i4~N'I' ®F T VI'R'AL . OPLI~A'I'I®NAL ELEI°/ie.NTS ®ili "TIC VILi.AG)1J. .: ::. ', Obj2~tive 5.1-1'r wide se;lice a;2d delivery facilities for existing and new development Existing deliveries to the Lord Gore Restaurant take place in the south surface parking lot in a non . designated area. Currently when making .deliveries, trucks block existirig`parkirig paces and: make maneuvering difficult.,.This.redevelopment proposal creates a designated delivery area within the south lot that is screened by existing vegetation and does not impair parking or maneuvering: " ` ~;; '><'he >East Gore Creed ~~~ Area ~#b) (gage 5? ®~'ttDe Vaal! Valla~e i~aste~- Play 1: Manor Vail is one of the dominant existing developments within this sub area of VatI The Master PIan identifies that "...this area has the potential to absorb density without compromising the character of the Village." It goes on to state "this development could be accommodated. ; :.through increasing' the height of existing buildings (generally one story over existing heights)." "The opportupity to introduce-below grade structured parking will greatly improve pedestrianization and landscape features in this area." .The proposal to bury the existing north surface lot underground and replace it with a landscape gi rden.clearly satisfies a goal of this particular sub area. t. , On page 53 of the Vail Village Master Plan a portion Manor Vail is identified as parcel ~6 21~of this sub area. The plan anticipates a'n"additional floor on the E and F buildings and requires that "....mfill projects must include addition of greenspace adjacent to East Mill Creek..." This proposal clearly satisfies this . requirement and adds density where anticipated. "Height ofstructures shall be limited to prevent vnpacts on view to the Gore Range from the Village core and Vail Valley Drive." As the computer generated renderings that are included with this proposal show, we designed the buildings to be as low as possible when building over an existing structure and have not eliminated any existing Gore Range vi~ ws. We have also endeavored to keep additional mass away from Vail Valley Drive to preserve the architectural scale along this important neighborhood road. Special emphasis is placed for this parcel on policies 1.2, 2.3, 2.6, 3.1~, 4.1, 5.1 and 6.1. As outlined above, the.proposed redevelopment of Manor Vail complies with these and other goals and objectives of the Vail Village Master Plan. - - ~ C SDD Application September 13, 2004 ~ Page 6 of 6 a. Descripti®ar! ®f tl~e proptiscd use and measures ro osed to make the use compatible with other pr®pertaes in the vic~ni The proposed use under this Conditional Use Permit apphcation~is,to build up to 35 for-sale parking spaces in a new garage on the Manor Vail property. These parking spaces will be built in .conjunction with additional garage spaces to be built for new and existing residences in'Manor Vail under a current SDD application. Only spaces in excess of the parking requirement as '. ~ ~~ ...., eterrnined by current town codes.will be available for sale up to the lirnitof 35: '' ~~ ' `" :,The proposed parking garage will be underground, and' it will replace an'existing~on-grade '° parking lot that is located to the southwest of Manor Vail Buildings D, E,`and F. The top'of tfie .:.new garage will be landscaped as a park and garden with public access from'a newly aligned Ford Park Path. ,The landscaping on top of the garage will interface with a proposed improvement to stabilize and beautify the Mill Creek corridor that lies immediately to'the west ofthe-proposed ~~" garage and adjacent to the Ford Park Path as it enters the Manor Vail area , ._. , :- The proposed use will be compatible with the privately owned parking spaces that'are located in the Gold Peak complex immediately west of Mang Vail. Since the proposed parking will lie -:.;.:~~~ totally underground, there will be no negative visual impacts to adjacent properties, and the ., :. general area will benefit aesthetically from the replacement of surface.parking with a park and :. garden. b. Describe the relationslii and im act of the ro oseal use o . p P p.P the Tovvn• `, ;.... n developr~aent objectives of The Vail Village Master Plan identifies the East Gore Creek Sub Area for conversion of oi' grade' parking to structured parking. It also indicates that the Manor. Vail parcel (#6-2) should place ;~. , special emphasis bn planning goal #5 (among others). The objective of this goal is to "meet parking`deniands with public and private parking facilities" and to "seek locations for additional ~~~ structured public and private parking facilities". This application helps the Town to achieve this. - . stated goal. _ _..: ,. . . One of the development objectives of the Town is to assure that adequate off-street parking exists within the Village area, especially.duringpeak skier periods.' It is anticipated'that the primary use of the parking will be for local residents who currently drive to the skier drop-off point at Gold Peak and then park in the public parking garage. This use,will provide private parking for these skiers in lieu of using the public garage, thus freeing up additional spaces in the garage, Because of the location of the proposed parking it will also provide convenient parking for activities at Ford Park and the Ford Amphitheater. This convenience will encourage support of these public activities by the owners of the parking. A parking sales plan has been prepared and included with this application to identify how the parking stalls would be marketed first to users with in Vail and the local area. CUP Application September 13, 2004 Page 1 of 2 c. Describe the effect of the proposed use on iiglzt and air, distribution of populatilon; transportation facilities, utilities, schools, parks and recreation, and other public facilities'. ., _ ,:. . Since the parking will be totally underground it will have no impact on light and air due Ito buildi,-~g mass. It may offer some improvement in air quality by reducing traffic at the Gold Peak skier drop-off since it is anticipated that the future owners of the new parking are most likely currently using the Gold Peak drop-off and making mulfiple trips to~the facility. It is anticipated that the future parking owners are already residents of the community, and,.;. therefore there will be little, if any, impact on schools or distribution of population ~ Since the proposed use will be done in conjunction with other improvements to IVlanor Vail there wt 1 be little impact on utilities. -'-" - `' :The transportation facilities of the Town will have a positive'influence since the proposed private parking will reduce the demand on public parking. It will also reduce the bus demand for shuttling skiers from the public parking garage to the Gold Peak facility. .- ~ ... . Parks and recreation will have a significant benefit. This benefit will include the stabilization and enhancement of Mill Creek coupled with the realignment and. improvement of the Ford Park-Path leading to the recreation amenities of Ford Park. In addition, the Ford Park~Path will haue'contact with and,access to the proposed park and garden area to be constructed above the parking:~.~'afiiis enhancing the, pedestrian experience on the Ford Park Path. _~ :~ , ~~ ::~. ~ ~: ~;. d. Describe the effect on traffic, congestion, auto and pedestr~a~a safety, access, traf~fic'flo~v and aaneuverability, and rer~aovai of snow. "` :;:_ •_ ,. _ + There will be an increase in the trips to and from the Manor Vail generated by~the additional) ~~ private parking spaces. However, it is anticipated that soiree of these trips.will.be'offset bey a~:.:. reduction in trips to the Gold Peals skier drop-off currently being used" by potential buyers of the .. parking. The relocation'of the` control point at the main entry to Manor Vail so that rt is~ separated ,from Vail Valley Drive will help reduce the existing congestion near the Gold Peak skier. drop-doff. These improvements should help the traffic flow and maneuverability in the area. Pedestrian safety will be enhanced by separating the Ford Park Path from vehicle ttaffic entering and departing from the Manor Vail parking. Currently the Ford Park Path crosses the Iy1a'nor Vail parking entry. Since the proposed parking will be located in an underground garage there will be a redu ~tion in + the need for snow removal from the existing north Manor Vail surface parking lot... ,_ ~ , . _, ... ._ ._ e. ~3escribe the effect upon the character of the area including bulk and scale in i-elatiori to surrounding.uses. . Since the proposed parking will be located totall under ound there will be Y !n essentially no effect on the character of the surrounding area due to the bulls and mass of the proposed structure. There will be a significant improvement to the character of the area by converting the existing surface parking to a park and garden and by enhancing the adjacent Mill Creek. ~ "~ ,. Any required site or structural walls necessary for the garage will be of minimal height, will be terraced and landscaped, and will be surfaced with stone or stucco. The configuration of the park and associated walls are indicated on the Site Plan and Landscape Plan. CUP Application September 13, 2004 Pale 2 of 2 b honing Analysis and Project Calcnla8ions Se~tc~l;er 13, 2'd~~ The permitted, conditional, and accessory uses allowed in the Manor Vail Lodge Special Development District (SDD) by underlying zoning are to be those uses listed in Sections 12-6H-2,12-6H=3; and 12-6H- 4 of the Town Code of Vail. The following information is provided as a Zoning Analysis of the existing and proposed development: ~ . _ :.°- . S~3D Pro~sosal As C®na~aared To ~~i~1B Densit-v Multi-Fara~ily (Hl~l'~~l Zoning 18;ecsuire~nents SITE AREA Existing Site Area 237 111 SF Area Offered in the Land Swap X430 SF Total Site Area _ 236,681 SF Total Site Area (In Acres) 5.43 Acres ° >gdJII.,DAI3I.E SITE AEA . Flood Plain Along Gore and. Mill Creeks 4,039 SF Buildable Site Area (236,681-4,039)... 232,642 SF Buildable Site Area (In Acres) 5.34 ACRES I~EI~SITY / # L1~ITS " ALLOWABLE -HDMF RATIO ..,: >.. YIELDS: ;(25 x 5.34) PROPOSED SDD Existing Units New Units Total Units 25 Units per Buildable Acre 133.5 Units- 123 18 141 This SD.D application requests 7 units more than allowed within the underlying , zoning. This represents a 5% increase over.HDMF. This project also proposes to add one EHU unit that is not counted in this density calculation. G'A (Reference the GRFA attachment'for additional breakdown) ALLOWABLE- HDMF (Calculated using the Old Method) RATIO 60% 60SF Per 100SF of Buildable Site Area YIELDS (232,642 x .60) 139,85 GRFA PROPOSED Existing GRFA 114,553 GRFA New GRFA 49,768 GRFA Total GRFA 164,321 GRFA This SDD requests an additional 24,736 GRFA over the allowable for the underlying zoning. This represents a 18% increase over HDMF. .Manor Vail Zoning Analysis September 13, 2004 Page 1 of 7 S~T~ ~®~E~AG~ ~ ALLOWABLE- HDMF RATIO \> S5 % (j5 sf per 100 sf of Total Site Area) YIELDS (236,681 * x S~) 130, T7S SF _ *Number used for Total Lot Area is after the Land Swap . ,. .., PROPOSED _ ~ - ,;: Above Grade Coverage 67,426 SF ~ _ _ Below Grade Coverage .25,512 SF - Total 92,938 SF We are under by 37,236.55 SF, which is 29% under the HDMF allowable s ware footage number. - q `-- .. . LAPd~SCA~~ ALLOWABLE- HDMF MIN AREA 30 % (of Total Lot Area) *Number used for Total Lot Area is after the Land Swap YIELDS (236,681 x .30) 71,004 SF ~ ~ ~ - I PROPOSED ` , SITE COVERAGE 108,462 SF ~ ,. ~ _ . PERCENTAGE (108,462/71,004) 54 % .. This SDD exceeds the minimum Landscape Site Coverage requirement by 24%: S~T~A~~ (Reference Setback attachment for breakdown) The above ground decks do not project the lesser of 5.' or''/z the required setback. The ground level patios do not project the lesser of 10' or'h the required "setback. The architectural projections do not exceed 4' into the required setback., FRONT ALLOWABLE -HDMF 20' PROPOSED 20' SIDE ALLOWABLE -HDMF 20' ~ PROPOSED 20' .. REAR ALLOWABLE -HDMF 20' PROPOSED -.SDD 0' VARIANCE gyp' ' Note: Manor Vail was originally built within Eagle County and later annexed into the Toil n of Vail. The Town setbacks were applied after the building was originally completed. Manor Vail Zoning Analysis September 13, 2004 Page 2 of 7 ~'. r,,.. i B~I1~d~ S++ T~~1~~~ ,.. XISTING BUILDINGS IN THE SETBACK'. : GSF '_ ...:..°~ 'GRFA Existing Building A (front setback) 1,469 ' . ;741 Existing Building B (rear setback) 1,05.7.. ;... 99 : Existing Building C (front & rear setbacks) 10,212 . _ ~ 9;669 Existing Building D (rear setback) 68 , ~ .: 27 Existing Building E _ ._ Existing Building F 8 .: ~ ,,- "` ~ `` -TOTAL 12,814 10,536 ~ a. PROPOSED BUILDINGS IN THE SETBACK- ~ GSF _. GRFA Building A _ ' Building B (rear setback) 1,119. 121 Building C (rear setback) 4,475 . 2,972 Building D (rear setback) 497 ~ 275 Building E , ; ~ Buildings F (rear setback) ~ -- ~ 95 .. . : .~ ; 12 TOTAL 6,186 3,380 _ _ .: `' OF EXISTING GRFA IN SETBACK vs. TOTAL GRFA .(10,5361164,321)=~ -~~ 6.4- % ' 1 OF PROPOSED GRFA~IN SETBACK vs. TOTAL GRFA (3,380/164,321) 2.0 % ', ~:_~ OF ALL GRFA IN SETBACK vs. TOTAL GRFA , . (13,916/164,321) _ 8.4 % . ~~~~ S~T~3A~~ . ,. . -.. EXISTING DECKS IN SETBACK ` _ ~ . GSF ~~_ ~_ Existing Building A (front setback) =~ - `40 ' " ` Existing Building B (rear setback) 136 Existing Building C (front & rear setbacks)" 4 125 , . Existing Building D (rear setback) .,. _ _ .. ~ . .. '=` 63 ~ '~~~ Existing Building E _ _ Existing Building F ": 44 .''' TOTAL 4;408' :".., .. , PROPOSED DECKS IN SETBACK GSF:.... ,.. . Building A (front setback) _. 85: Building B (rear setback) ~ 280 Building C (rear setback) 2,100 Building D (rear setback) 110 Building E _ Bu.ildinQ F 63 TOTAL t 2,638 Manor Vail Zoning Analysis September 13, 2004 Page 3 of 7 ~ ~ ' ~®®~' SL'~'BA~iK EXISTING ROOF OVERHANGS IN SETBACK ~ ~ ~ • ~ "'' ' _ . E i ... . GSF ~ x sting Building A (front setback) •; ~ 506 ' Existing )wilding B (rear setback) ~ - - 214 Existing Building C (front 8& rear setback) _ ~ ;,; Existing Building D Existing Building E Existing Building F - ~ _ ,, TOTAL . .. - _. .:720 PROPOSED DECKS IN SETBACK - _. Building A:: j..._ ..- :...- GSF _ . . _ - Building B (rear setback) '' Building C (rear setback) _ - ; :375. Building D (rear setback) - :-.:'2,856: 3 •: Building E 2 . BuiidinQ F (rear setback) 114 TOTAL - - ~~ 3;377 ~ MILL C~EE~ SE'I'B A~~ ALLOWABLE -HDMF . 30. ; from centerline of Mi11..Creek PROPOSED - SDD 30 (closest point, see plan) .. . ALLOWABLE -HDMF .' - ~.:.-c:4`g;.. .' .. BUILDING A (Based on Interpolated Grade and at Worst Case Scenarios) ., G ; . , _. _- ... _.. PROPOSED Main Ridge 48.24' `' ` `" VARIANCE 0.24' . PROPOSED--Stair/Elevator -- ~ `~ ._..51:34' VARIANCE ; , 3.34' ~.... - BUILDING B (Based on Interpolated Grade-and at Worst Case Scenarios) PROPOSED Main Ridge 48.24' ~ - •_ - VARINACE 0.24' ; ,: ,. PROPOSED Lord Gore Ridge _ 53.24' _. " ~ . _... . VARIANCE _ _ 5.24' ` PROPOSED Lobby Ridge 33.40' COI'11`IEGTOR B/C (Based on Interpolated Grade ari$ at Worst Case Scenarios) PROPOSED 49.48' . VARIANCE 1.48' CONNECTOR B/D (Based on Interpolated Grade and at Worst Case Scenarios)- ' PROPOSED 28.52' - ~_ BUILDING C (Based on Interpolated Grade and at Worst Case Scenarios) PROPOSED Main Ridge 55.54' VARIANCE 7.54' PROPOSED Gable Ridge 5529' VARIAi~1CE 7.29' Manor Vail Zoning Analysis September 13, 2004 ~ PaQe 4 of 7 1g~~D~1~~ I~~TS (COI°~TINUED) BUILDING D (Based on Interpolated Grade and at Worst Case Scenarios) ~ PROPOSED Main Ridge 55.52' `" VARIANCE 7.52' ~ ~ , PROPOSED Gable Ridge 54.02' ~ - .; VARIANCE ` 6.02' :: -:, • .:.::, ~.:. ; ;.;,; .: CONNECTOR D/E (Based on Interpolated Grade and at Worst Case Scenarios)' ` ` PROPOSED 47.61' - ., ~ ~ ` .BUILDING E (Based on Interpolated Grade and at Worst Case Scenarios) , PROPOSED Main Ridge 55.3.1' VARIANCE . - __... _. _ - ., ..: 7.31' ... .. . PROPOSED Gable Ridge 53.61' VARIANCE _. ,,.. - s _ ~, r ,... „. :. `- .CONNECTOR E/F (Based on Interpolated Grade and at Worst Case Scenanos); ~: PROPOSED 44.01' - ,,: , . BUILDING F (Based on Interpolated~Grade. and'at Worst Case Scenarios) - .e .., . `. PROPOSED MairiRidge .. •:~'..57.31~ „ VARIANCE ,.,9.31'~~ ;. .. PROPOSED Gable Ridge. ;:...~; :57.47'. ,. , VARIANCE` ~ 9.47' ~~~~ (Reference GRFA attachment for New Unit Summary for Parking Breakdown) .,_•: ,EXISTING. STUDIO- BUILDINGS. D~ E, F: 73 NEW UNITS-.BUILDINGS D, E, F 23 ~-. EXISTING MANOR HOUSE- BUILDINGS A; B, C 105 .; 19. , ,.. - - ,...NEW UNITS,.- BUILDINGS A; B, C :_.. ; ~~: :. _, • EHU UNIT 1 . .;,.TOTAL REQUIRED SPACES ; . 221 LOWER LEVEL PARKING GARAGE Full Size Spaces Accessible Spaces ... Compact Spaces Valet Spaces UPPER LEVEL PARKING GARAGE Full Size Spaces Accessible Spaces Compact Spaces Valet Spaces SOUTH PARKING LOT Full Size Spaces Accessible Spaces Compact Spaces Valet Spaces 88 4 4 0 Manor Vail Zoning Analysis September 13, 2004 Page 5 of 7 PA~~I~IIs (~®i~1~~~T~~) SURFACE PARKING NEAR.ENTRY.. °:.:°~-. .~ .-. Full Size Spaces Accessible Spaces Compact Spaces ., Valet Spaces TOTALS FuI1 Size Spaces 155 61 Accessible Spaces , -, b/ Compact Spaces ~ ._ . ' - . _.,. ,:.. , , . 33 _ ..., 1 ~% Valet Spaces 57 ' ~ ~ 22% TOTAL SPACES 254 Parking Structure -The deck of the underground parking is sloped to minimize the profile of the parking structure above grade. It is completely, underground..Flat portions of the. parking structure _ .._. will be sloped to accommodate floor'drains: Parking Spaces -The enclosed parking spaces are 90 degrees to the drive aisle~and 9' x 18', with 8' x 16' compact parking spaces not exceeding 25%'of the~totai of the total required parking~spaces. Valet spaces are 8' x 18' and do not exceed SO% of the total required parking spaces. -Parallel valet parking spaces are 9' x 20' and standard spaces are 9' x 24'. The height clearance of the parking structure will be a minimum of 7'-6" clear.' ~ ~ '~ The parking decks slope at a maximum o~f 6%. The access ramp slopes at a maximum'.of 12%. Street Entries -Both existing curb cuts and entry drop off at main lobby are to remain. Curbs -Rolling curbs will be provided to accommodate fire department vehicles per Public Works. Drive Aisles - 24' wide two-way drive aisles accommodate 90 degree parking stalls Turning Radius - 24' turning radius to centerline is uhhzed at: vehicular traffic patterns pe~ Public Works. ;. .. . _ _... _ _... Structural Columns -Structural columns approximately 14" w..'x 22""d. will be located on some parking stripes. ~ SNOW STORAGE Underground Parking Structure- No storage required Lower Level 25,512 SQ FT Upper Level 25,512 SQ FT South Parking Lot 37,507 (30% Required) 11,252 SQ FT Proposed 11,678 SQ FT Surface Paving and Driveway 17,575 (30% Required) 5 272 SQ FT Ramp Down to Garage 1,466 (10% Required- Snow Melted) 146 SQ FT Proposed 5,735 SQ FT Manor Vail Toning Analysis September 13, 2004 Page 6 of 7 ~~~P~lid'il'~' Ll[I~ TOV GORE CREEK, CORRIDOR • AIR RIGHTS ENCROACHIviENT BEHIND BUILDING C Cantilevered Deck on i,evel 4 `" ~' 0 65 Cantilevered Deck on Level 5 ` 0 65 Cantilevered Deck on Leve16 0 65 Cantilevered Deck on Leve17 :; ~ ; ~,.0 :' : ~ ~ 6~ Manor Vail is proposing a land swap in which it would donate 430 sf of land at the eastern end of its property in exchange for the 65 square feet of stream tract land for an air encroacfiment:'`-No structures would be built on the stream tract, but portions of balconies would, project over this land ~ . , E11~Pif.®'1~E >F~~~T~11~1G ~E~S ('Type III`: ~ : ... _ •. . . ., ~; ; . ... ,, ~ XISTING - , 0 ~_:: PROPOSED 4 ~ 1 unit with 4 beds m Building B G11~ADI7ldIs The maximum finished grade will not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will,be blended into the natural .° topography, The elevated portions of the parldng structure above natural grade will be treated with stonewalls and terraced landscape areas to soften the. difference in grade arid create a natural appearance.` A registered Colorado Professional Engineer prior to building department submittal will prepare the erosion acid sediment control plan. .. ._ ~L®~~ PI~AIl~i . .... ;.. Approximately 500 square feet of the Gore Creek 100 year flood plain encroaches over the property line to the northwest of Building F. There are no plans to grade or build improvements - .... wit in this area. - ~ • The parking structure retaining walls will be designed and. stamped by a licensed P.E.` Terrace walls"will be within the 4' to 6'.maximum height range. Due to the relative flat nature of the site, retaining'walls will not exist on slopes e;~ceeding 30%. ,There are no retaining walls planned within the front setback or along the right-of--way. Retaining walls will meet the standards of retaining walls, with a P.E: stamp if the slope. exceeds 1:1. A stone veneer that matches the proposed exterior of the building will be applied to the structural concrete.'- ' -• Manor Vail Zoning Analysis September 13, ?004 ~ Page 7 of 7 ... ,; .... ,, <_ :. . ; 1•~~l \ V • LaYH~ ~~1 \~~~1 \~~11JiL~ Special Dcvelapmvnt. D~st~-act ~SI~D~ .~p~lication .. September 13, 2fl~4 I ,,. - ,. I" J PUBLIIC Bi1JN~~'~TS - _. , _ , ;. .. 1. lf~proved Pedestrian Lxperier~ce go ~'®rd Park i.. ., ~. '` 'The existing pedestnan%bike path to Ford Park, along with accompanying Town'of Vail easement, will be rerouted as it passes through Manor Vail property, as depicted in the plans submitted for approval. The current vehicle/pedestrian-conflict urill be eliminated and the path will be routed along the edge of the new landscaped garden to be constructed, as described in Public Benefit #2. The result will be a much. safer and more aesthetically pleasing pedestrian experience for the public. ~::: ; . 2. New Landscaped harden . A new landscaped garden will be created above the~netiv `subterranean parking structure, as depicted on the plans submitted for approval Replacing an existing surface parking lot, this garden will dramatically improve the visual appearance of the ighborhood and enhance the public ex erience along the Ford Park Path.._ _. ne .. , .,.. _ p J. M :. .: .._ _:., _ _ . ill Creek Iinprovernents . Mill Creek will be improved as it runs adjacent to Manor Vail property. • These -~ . improvements are outlined in the plans submitted for approval and are aimed. at. , enhancing the appearance~of the creek for the public and providing stream bank stabilization to help mitigate current and future erosion problems ,: 4. Addition ol'~mployee lr~oe~sing . An employee housing unit will be constructed within Manor Vail capableM of hl using at,least four occupants. Upon completion of this unit, Manor Vail will sign and record a deed restriction, in a form reasonably approved by the ~Towri of Vail . ~, Community Development Department, to limit the use of this space to employee _,, housing. : °.:; . g •.._......I- 5. Se~~ctive Lianbin ~f Dead Branches and ~enaoval of Logs . Dead branches will be selectively limbed and logs removed along the Ford Park path, adjacent to the bridge over Gore Creek. This limbing and removal will be conducted under the guidance and instruction of the Town. 6. Ilrnproved Bach of mouse Appearance frorre Ford Park Path Aesthetic improvements will be made to the loading and delivery zone behind building as viewed from the path to Ford Park. These improvements will aim change the appearance from the current back-of--house look to that of a new fr~ door for the public, featuring a new external staircase to provide the public wit access to the Fitzwilliams Lounge. B direct Public Benefits September 13, 2004 Page 1 of 3 7. 1<,oadir~g a~ad ~eiivery Irt~proveanents _ -. , .... `; Anew loading and delivery area in the south parking lot will be creafed through re- striping and iabeling. The location of this loading zone was chosen because it is` :largely screened by mature vegetation and will not block the drive aisle when `"'" occupied. The delineation of this loading area"will reduce'the potential for traffic congestion in the south parking lot. f; ~. Increased Tax 1[Ieveuues _ _, ,. The improvements to be made to Manor Vail, as depicted in the plans subrmtted for approval, are aimed at upgrading the visual appearance of the entire property and ...enhancing the guest experience at Manor Vail. The targeted result of these °' improvements is increased occupancy and room rates at Manor Vail-'resulting in .increased sales and lodging tax revenues to the Town. 9. Improved Visual Appearaa~ce oi'Irnportamt Pr®perty~in~ tlge Com~nannity ~< ~ , ~ .~, As one of the original and central landmarks of the East Village, Manor Vail is one of the most important buildings in the community. The upgrading of Manor Vail will help to revitalize the entire neighborhood and improve the visual perception of the area in the eyes of both guests and locals ultimately designed to help boost property values and visitation rates: - ~ - ~ - - IO. Vehicle Recess Irnpr®vements ~ . The existing north entrance driveway`will be widened fo accommodate two-way , i .. ,traffic. With this improvement in place, Manor Vail plans to leave the traffic control ;: ,gate at the north entrance in the open position during peak traffic periods:Combined, these improvements will reduce the potential for traffic back-up and accidents at the north entrance. 11. Ianproved fire True Access ., . A new fire truck access path and turnaround in front of the studio buildings will be constructed, capable of handling a pumper truck, as depicted on the plans submitted for approval. This upgraded fire truck access will improve fire safety for Manor Vail occupants, firefighters and residents of the surrounding properties:' In addition, reinforcements will be made to the fire truck staging area in the south parking lot to more safely accommodate a ladder truck. 12. Addition of Fire ~rotectian and detection .~ .. Fire protection sprinklers will be installed in all existing condominium units at Manor Vail. In addition, an intelligent-addressable fire detection system will be installed for the entire property. The combined result of these fire protection and detection upgrades will be dramatically improved fire safety for Manor Vail occupants, firefighters and residents of the surrounding properties. ~~ 13. elimination oI''~~ood ~urnir~g Fireplaces In conjunction with the Manor Vail Redevelopment all existing wood:burning fireplaces will be converted to gas. In an aged building with aged flu pipes,-this conversion dramatically reduces the fire danger at Manor Vail. Public Benefits September 13, ?004 - Pabe 2 of 3 ~~. Tennis Court Reso~-faci~ng The tennis courts located adjacent to Manor Vail will be resurfaced; conditiolnal upon approval from the Town to allow these courts to be utilized as a construction lay- down area for the duration of proj ect construction (currently scheduled to be ~ in`A ril l; 2005 and conclude September 31, 2006). These improvements to the'tenns"'courts will not be made if the Town does not grant East West Partners the aforementioned lay~down privileges on this site. ' ;,. ~5. Transfea-.ol'~ansl Manor Vail will transfer, convey or dedicate .430 sq. ft. of land atthe far eastern end of Manor. Vail property.to the Town in e :change.for. 65: sq. ft. of towm (stream tract) land needed for a walkway and handicapped access on the north side of the C- Building, as reflected in the plans submitted for approval: ,This 430 sq: ft. parcel can possibly be used for a bus turnout . ;. 16. Raised 1Peclestriaa~ Crosswall~s =Two raised pedestrian crosswalks on Vail Valley Drive will be' constructed.- OO ne` :crossing is to be constructed at the intersection of Vail Valley Drive and Hansen .Ranch Road and the other at the intersection of Vail Valley Drive and Gore Creek . Drive. The addition of these raised crossings will decrease the speed of auto-1=raffic on Vail Valley Drive and increase pedestrian safety m the neighborhood. ~ .. f 17. lPayrn~n# of $~S,OOfl ire Tral'fle >irjpact Fees .' ~ .. ., .. , :. :..,The Marior Vail Redevelopment will generate 17 additional PM peals tnps and will be assessed a Town of Vail Traffic Impact Fee of $5,000 per PM peak trip; fora `total of $B~,000. This $85,000 traffic impact fee will be used to help fund the Gore Creek Drive and Chalet Road streetscape improvements, as described in Public'Benefit #18. 18. Stree#scape Itnproverne;~#s to Gore Creek Drive and Chalet R®ad ` ;- . $100,000 will be donated to the. Town to help fund the design and construction of a comprehensive streetscape.improvement plan along Gore Creek Drive and Chalet Road. Combined with the $85,000 Traffic Impact Fee described in Public Benefit #17, the total contribution to this streetscape project.from the Manor Vail" ` ~ ~ '' Redevelopment will be $185,000.:.. .. ... , The portion of the $185,000 contribution remaining after completion of the ~ "~ streetscape design process shall only be used to'pay for construction of the Chalet ~- Road portion of the streetscape improvements, The $100,000 portion of the total 'contribution shall be restricted to funding only the streetscape improvement project described above. Any portion of the $100,000 remaining the day after the 5-year anniversary of the initial contribution is to be refunded to East West Partners. The Town will be responsible for leading and coordinating all aspects of the j streetscape improvement project. East West Partners' role in the streetscape project will be strictly limited to the contributions outlined above. The Towii will work with the neighboring homeowner associations to develop the specifics of this streetscape improvement plan. Public Benefits September 13, 2004 Pa~ e 3 of 3 :~ 1~~ ~A~~ ~~1~~Ii~~~Tl~ n --- - -- - The 35 for-sale parking stalls -will be located in the new subterranean parking garage to be constructed in place of the current north parking lot at Manor Vail. All stalls withui the garage will use the same . entrance/exit ramp. The for-sale stalls will likely be accessed through an electronic gate within the garage that separates thzm from the common parking stalls. In addition or alternatively, individual for-sale stalls may feature name placards. ~ The entire parking garage will be maintained by the 1Vianor Vail owner's association. Parking facility expenses will be allocated equitably to all owners at Manor Vail on a per stall basis. Parking stall owners may also have access to any ski valet facility/service added to the Manor Vail Resort. Parking Sales Plan September 13, 2004 Page 1 of 1 ,' ~ ro w d --< _1 ~ ~ /~L I ~'. ~,L--~~ l ~~ ~ \ ~~~~ ~ ppp--- i 1 Jti ~ J TL\~ ~ J~ ~\ r i It ~.. ~ _ ~4 , _. r---~_ .~ _ _ i ~ -- -- - -- ___..:-----a _ -. .- _. _ C]._: \~i ~ S ` ; I "" Y ~\\\-a -c~ aa.'ti'0. • ~ ~~.> p Yr•. •~,., ~ i .. \ ~\ AnK 4 ~~~ T ~ ~_. ....1---~ ~ -c _ ~ ~ ~ / S..a / \ i \\\ i~ • l - \ ~ \\ ~ ti \\ ~;v ~~ -~' ~ ~ `~C \\\~. \ \\`~\\ \~~ ,~ ice` '~.~ ~~~''~ ~'`^ r-. LEGEND .. r -- -__ ~~'r-~: =,~\\~ ..,~-e.,.~ ~ t3~~H'L~~ il 2~~/S.P~w•! 3"'4 MA%IMUM FUfA:E OF BUILDING' HEGHT IN STORIES - '• ~ ~ ~ ,,.;+"~•• `~ rIL ~ll~ 4 t F'I /~I`l . ~ Abu Iding story u del netl as 9, IB01 I heghl .~~.~<°~~ - f lro roal ~rchrdedl. E t haghl t' IIwvS *-: ~ ,.t' Q, yF pp1~ „~ _ _ will be tblemuned q' ng.'. V d Bal heghl ~" ~a' •i~l f ~~1 N{?J ~~~k, f ~~ ~jl, '~ '' wilttin range sp0_ I tl a dBSirBtl IDr each twitfi ~ ~ R ~ 1 t,, x {}4= y ~ ~ DENOTES EXIS'INJCi OFi APPROVED BUILDINGS YIHCH r - HEIGHT PIAONFORAi TD THE CONCEPTUAL BULDING "L - -..i~;~r.{~~~~~1f:~L~6 ~d~.L~r~. ~~S.^.Ja5 j A 1 "~ ~ ~. StiApNG DENOTES AREAS OF~SBALAA hICIGHT~ ~' •~ ~! ~ _ - _ _ . ... ~_ .. - _ - =J \~ 9/2/04 Pub9ic Wars 1Vlaar®~- Vagl C®aaame~ats . ~ , ..... ,. . 1. . Civils need to be submitted and approved prior to Building Permit submittal 2 .,Final Drainage study required prior to building department submittal;;include ,.... <, _ ; .. . ; calcs, outfall protection, and any required permits from the- Town; State or Feds - ,. .. ,., 3. All inlets are to have 18" sumps per TOV standards 4. Provide sand/oil separator for garage/surface parking lot~,drainage . 5. Provide center line profile for,the realigned Ford Parlc path , 6. A new pedestrian/access easement is needed for the;realigned Ford Park path.• 7. Please provide cross-sections and details for the Mill Creek improvements,' ;. ;planned improvements will need,to be submitted to and approved by the ,:, Corps of Engineers. A flood plain analysis will also.rieed to be performed for . . :the proposed improvements to Mill Creek to demonstrated no adverse impact ~., 8. Traffic impact fee $5000 per PM peak trip increase , 9. P.E. designed Erosion and sediment control plan required prior to building ,.. _~ department submittal ' A~taci~rr~~;~t: ~ ~~ THiIS ITE~a i~'1AY AFiFECT YOtlR PR®PERTY PUBLIC NOTICE ~1 Ydli!, V i J I`JOTICE IS HEREBY GIVEiV that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance ~~;ith Section 12-3-6, Vail To~.~n Code; on .9aly 26, 2€D04, at 2:i3fl ~'i'~1 in the Town of Vail IVlunicipal Building, in considerafiion of: A request -.for a recommendation to the Vail Town Council for the establshmenfi of Special Development District P1o. 38, ~~lar~or.VaiL Lodge, to allow for ttis redevelopment of thz Manor Vail Lodge, and a request for a conditional use permit to allow fog the'construction of Type III Employee ~- Housing Units, pursuant to Section 12-8H-3, Vail Town Code, and a request for a final review of a ~._ conditional use permit, pursuant to Chapter 12-6H-3, Private Clubs and Civic, Culture{ and Fraternal Organizations, Vail Town Code, to allow for the sale of 30 parking spaces, located at 595 Vail Valley -Drive/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Zehren and Associates -. .. Planner:.:. Warren Campbell A request for a final revistiv of variance, pursuant to Chapter 11-10, Variances and Appeals, Vail Town Code, for a variance from Chapter 11-6-4, Building Identification Sigris, to allow for a new free standing building identification sign, located at 934 South Frontage Road/unplatted and setting forth details in regard thereto. Applicant: George Brodin, represented by Mauriello Planning Group, LLC, £,, Planner: Warren Campbell/Clare Sloan _ A request for a final review of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the locations of the existing building envelopes, located` at 1390 Buffeter Creek Road/Lots A, B, C, Residences at Briar Patch Condos and setting forth details in regard thereto. Applicant:. Residences of Briar Patch Homeowner Association, represented by Zehren and Associates Planner: Bill Gibson A request for a final review of a variance, pursuant to Chapter 12, Variances, Vail Town Code; from Section 12-6H-6, Setbacks, Vail Town Code, to allow for a minor alteration, located at 400 East Ivleadow Drive, Unit 9, (Tyrolean Inn)/Lot 5 D, Block 5, Vail Village Filing 1 and setting,forth details in regard thereto. Applicant: Tyrolean Chalet, LLC., represented by Mauriello Planning Group, LLC Planner: (~1att Gennett 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 So ~ th 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) 479-213,8 for additional information. Sign language interpretation is available upon request with 24-hour notification. PI 479-2356, Telephone for the Nearing Impaired, for information. Published July 9, 2004, in the Vail Daily. ,se call (970) At#achrraent: F Ski Club Vail Lee Edwards, Phd. 598 Vail Valley Drive Texas Townhouse Condo. Assn il, CO 81657 P. O. Box 489 -- Locust Valley, NY 11560 . •; Apollo Park Lodge The Wren 442 S. Frontage Rd., E. 500 S. Frontage Rd., East Vail, CO 81657 Vail, C0 81657 Vail Resorts Pinos Del Norte P. O. Box 7 600 Vail Valley Drive Vail, CO 81658 Vail, CO 81657 Apollo Park at Vail Timeshare 442 Frontage Rd. , West Vail, CO 81657 The Town of Vail 75 S. Frontage Road, West Vail, CO 81657 PaulJeppson• Golden Peak Condo. Assn. P. O. Box 915 Avon, CO 81620 RESOLUTION N0.21 Series of 2004 A RESOLUTION APPROVING, THE PARKING CAPITAL INVESTMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO AUGMENTING THE TOWN'S PUBLIC PARKING CAPABILITY. WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates have negotiated terms and conditions for the Agreement to govern certain matters related to augmenting the Town's public parking capability, and the respective rights and responsibilities of the Town and Vail Associates in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers tnecessary or appropriate in furtherance of this Resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Resolution No. 21, Series of 2004 INTRODUCED, READ, APPROVED AND ADOPTED this 19~' day of October, 2004. ATTEST: Lorelei Donaldson, .Town Clerk, Town of Vail Rodney Slifer, Mayor, Town of Vail 628651.1 RCFISH 2 1PA ~ ECAPITAL II+1VE3'I'1VIEl~1'I' A~ItEEIi~IEI~1'I' THIS PARKING CAPITAL INVESTMENT AGREEMENT (this "Agreement"), is made effective as of the day of 2004, by and between THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"), and the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"). I~CI'I'ALS A. Vail Associates is the owner of certain real property in the Lionshead area of the Town of Vail, Eagle County, Colorado, which is legally described on Exhibit A attached hereto and lies approximate to Gore Creek (the "Gore Creek Property"). Vail Associates has secured approvals from the Town's Design Review Board and other Town agencies of certain design and development plans (the "Gore Creek Design Approvals") for the development of a residential duplex project, consisting of 16 residential units, to be located within the Gore Creek Property, and presently intended to be developed under the tradename "Gore Creek Place" (the "Gore Creek Project"). B. The parties mutually acknowledge and agree that as a requisite part of and as a remaining Town requirement for the rendering of the Gore Creek Design Approvals, and as a condition to Vail Associates right and ability to undertake the Gore Creek Project, Vail Associates must undertake certain obligations to make a capital investment in additional public parking facilities for the Town of Vail, which undertaking shall be in accordance with and subject to the terms of this Agreement. But for the making of this Agreement, Vail Associates would not be eligible to secure the remaining building permit and other construction approvals from the Town that are requisite to proceeding with the Gore Creek Project. It is mutually intended that Vail Associates' capital investment in this regard be applied efficiently to maximize the resulting community benefit by the enhancement of public parking. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Capital Investment in Parking. Subject to the following terms and ,conditions, Vail Associates agrees to make or cause the making of a capital investment in public parking in the Town of Vail in the amount of $4,300,000 (the "Parking Investment"). This obligation to make the Parking Investment will apply only (i) to the establishment of new permanent public parking facilities in the Town that are- owned by the Town and that act as an increment to the inventory of public parking facilities presently available in the Town, or alternatively (ii) to other means of augmenting the Town's public parking supply that may be acceptable to and approved in writing by Vail Associates in its discretion (the parking provided under clause (i) or clause (ii), as applicable, being referred to hereinafter as the "Requisite Parking Increment"). If the Town is to provide the Requisite Parking Increment pursuant to new permanent facilities under clause (i) above, then the schematic design plans therefor (the "Parking Plans") will be subject to the prior written approval of Vail Associates, not to be 628225.3 RCF[SH unreasonably withheld. Vail Associates agrees that it will fund the Parking Investment in hand to the Town within thirty (30) days after satisfaction of the following conditions, with such satisfaction to be reasonably substantiated to Vail Associates: ~ (a) The Town has entered into bona f de binding .construction contracts or other agreements, made on anarm's-length basis with third parties, for the provision of the Requisite Parking Increment in accordance with the approved Parking Plans; ~ (b) Those applicable construction contracts or agreements .expressly establish payment and funding obligations of the Town (the "Project Costs") in furtherance of providing the Requisite Parking Increment in amounts that on their face equal or exceed $4,300,000; and ~ (c) . On-site construction or other work for furnishing the Requisite Parking Increment (the "Parking Project") has actually been commenced ("Project Commencement"). 2. Diligent Completion. Following the Project Commencement and the funding of the Parking Investment, the Town will cause the Parking Project to be diligently prosecuted and completed in accordance with the approved Parking Plans .and the governing construction contracts or agreements, such. that it maybe lawfully used for its intended purposes. 3. Remedies. This Agreement may be enforced by any remedies available at law or equity, including, without limitation, the recovery of damages and, where appropriate, injunctive relief to compel performance. All remedies shall be cumulative with and non- exclusive of one another, and may be pursued successively or concurrently, and the exercise of any one remedy shall not be construed as an election to the bar of any other remedy. However, neither party shall be entitled to recover lost profits, or consequential or punitive damages. 4. Notices; Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing; may be given by the parties hereto on such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a 'delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: i 628225.3 RCFISH 2 If to Vail Associates: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road- Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 with a cry to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Karsten Canada, Esq. Fax No.: (970) 845-2555 If to Town: c/o Town 1Vlanager Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town 1Vlanager Fax No.: (970) 479-2157 with a copy to: c/o Town Attorney Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses andlor fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 5. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similaz as possible in content to the. 628225.3 RCFISH 3 affected provision. It is generally intended by the. parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted bylaw. 5. Entire A Bement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. ~ 7. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of they drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of!reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 8. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 9. Waivers and Amendments. No provision of this Agreelment may be waived to ~ any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community 'Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. ~ In any event the Town Manager will have the unilateral power and authority to furnish i any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement. 10. Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. I 628225.3 RCFISH 4 11. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 12. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 14. Successors and Assi ns. This Agreement shall be binding upon and inure to the benefit of Vail Associates and the Town and their respective successors and assigns. 15. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Associates, and nothing contained in this Agreement shall be construed as making the Town and Vail Associates joint venturers or partners. 16. Attorne s' Fees.. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [l$alanse of page an~entionally left blank] 628225.3 RCFISH C 17. IN WITNESS WHEREOF, the Town and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month and year first above written. ATTEST: Lorelei Donaldson, Town Clerk TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado ~ sy: Name: Title: Town Manager [Signature blocks continue on following page] 628225.3 RCFISH 6 VAIL ASS®CIATE3: THE VAIL CORPORATION DBlA VAIL ASSOCIATES, INC.,, a Colorado corporation By: _ Name: Title: 628225.3 RCFISH EXFIIBI'T A Legal IDesca-iption of Gore Creek Property A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 ~ LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1 } S 83 °59' 19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST COI PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH B~ SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWI COURSES: 1) S 66°54'19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUND. SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH B~ SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF 89.72 FEET TO THE MOST SOU7 CORNER OF SAID LOT B; 3) N 31°40'14" W LIONSHEAD R OF SAID dDARY OF (3) THREE Y LINE OF NDARY OF Y A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT- OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT- OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID .RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20°17'11" E A DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 FEET; THENCE N 20°17'11" W A DISTANCE OF 4.79 FEET; THENCE N 69~ 42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20°17' 11" E A DISTANCE OF 4.79 FEET; THENCE 628225.3 RCFISH A-1 N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39°10'12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 628225.3 RCFISH A-2 .' 1ni~o~v~ . ~~u~c~il C~nt~aba~to®ras ~®fi9®w ~~ What follows constitute .responses to questions posed by Council in re: to the Council Contributions funding process and was available by packet distribution (10.14.04). Further follow up will come from: Bravo! Colorado /New York Philharmonic; Vail Guide / Kiosks; Eagle River Watershed Council; in kind services /Farmers Market. 1) Vail Jazz Foundation It has been confirmed through Christine Carlson, Executive Director, the funds will directly support the Labor Day Jazz Festival. 2) Vail 50 Community Host Program 27 Blue Parking Passes (includes 2 specific to Village Streetscape Construction). For the past couple of years along with the expansion of winter parking .options, Vail Resorts, Inc. (VRI), has asked to take the "value" of the allocation (25 blue parking passes) in exchange for 40 green passes in outlying areas, a decision. that freed up space in the parking structures themselves. 3) Vail Alpine Garden Foundation Please see attachment received from Nicola of Betty Ford Alpine Garden October 11, 2004. 4) Vail Symposium Ebby Pinson, Executive Director, stated the program to be hosted at the Donovan Pavilion would be a part of the Adventure Speaker series, which is hosted through the Vail Library. Currently, her board is working vigorously toward securing one of two authors: Erin Ralston, who wrote BETWEEN A ROCK AND A HARD PLACE, and Peter Heller, who wrote HELL OR HIGH WATER. In the grant application to the Town, in the section "Who funds your organization" stated .'The gardens are funded entirely by private donations, grants and gift shop revenue . ~ Of our $300,000 annual operating budget for 2004: Town of Vail 17%. Memberships 16% Donation Boxes g% Individual donations 7% Grants 70/, Tours and weddings 2% Gift shop 25% Events 20%~ As you can see 83% of our income is generated by other means than the TOV. 2. Staff at Betty Ford Alpine Gardens: Jim Brandmeyer - FT Executive Director Nicola Ripley - FT Director of Horticulture and Research Melissa Kirr - FT Garden Supervisor and Greta Blamire PT office In addition we have two summer interns for 14 weeks, one who work on Children's Education programs in the new Children's Garden and one who trains and works with new garden volunteers. I 3. The liner in the Upper pools is patched in. numerous places, it may holdout for a little longer but is already badly degraded. Newer and better liners are now available which will replace the old liner. This will probably need to be done in spring 2005 whether or not we do the upgrades to the NE entrance. Colorado Alpines is not claiming responsibility for this portion of the water feature. The liner that was used in 1998-9 when the garden was constructed was OK at the time. Their staff and laborers have removed all the river rock and patched the liner free of charge to the gardens but do not feel it their responsibility to replace the Iiner.As stated in the earlier ~emaii this repair portion of the project is a small cost compared with that of improving the appearance of the whole NE Entrance. Botanic Gardens are in a state of constant improvement and change. Replacing the liner is the perfect time for re- inventing the pools and NE entrance which the Garden committee has felt was not in keeping with the world class quality of the rest of the garden. ~~0 0fi`~~O~tE~B[6~8Y~p~\ fs' ~D~Y`;:ti h:1'V~ O f~fb4B~Gfi'6~ COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY October 8, 2004 _ John Power, Human Resources Director City of Vail n r n_._~«r. . %J ~. rruti[d~~ ic~au vvc~- Vail, CO 81657 Dear JP: This letter is a follow up to the inspection we conducted of some of the features in your portable skateboard park on October 6, 2004. As a result of the inspection, the attached recommendations were developed for your consideration and action. 2004-1: Based on the present condition of some of the materials, and input from your city staff, the skateboard park features are no longer safe to use. Both the integrity of the wooden sub-structure and the sub-skating surface showed. signs of varying degrees of decay and structural weakness due to being taken apart and reassembled numerous times. This could lead to a failure of a component and a possible injury to a user of the park. 2004-2: Based on CIRSA Loss Control Standard VIiI.C.4.a, skateboard parks, should be designed and constructed using blueprints from reputable manufacturers of skateboard parks. 2004-3: A skateboard park is a recreational facility and the city could waive its immunity under the Colorado iJovernmental Immunity Act (CGIA), for a dangerous condition of a recreational facility, if the skateboard park features were used in their present condition and an injury were to occur due to a failure of the materials. 2004-4: If the skateboard park features are to be used during the 2005 season, a thorough evaluation needs to take place by a qualified person of each feature and all substandard materials should be replaced. 2004-5: In the fiiture, to increase the useful life of your skateboard park, based on the park's rid'br usage and weather for the area, and to decrease the maintenance needed to keep the park in a safe/usable condition, l would recommend the features be constructed of the following materials, in order of preference: 1) Cement. 3665 Cherry Creek North [)ri~~e, I)em~er, Colorado 8U2Oy (~03) 757-5475 (~{UO) 228-713h Fax (3O.3) 757-8950 www.cirsa.or~; 2) All steel, both substructure and (painted) skating surface, or s with Skatelite Pro skating surface. 3) Pressure treated wood substructure with Skatelite; Pro skating substructure Cement is recommended for a permanent facility, and the steel/painted steel, stceUSkatelite Pro and pressure treated wood/Skatelite Pro recommendations are for another temporary/portable facility. If you have any questions, or if I can be of further assistance; please give me a Sincerely, Bob Pomeroy Senior Loss Control Representative . ,- . _ . ~_, The rinkv~l be 13~'-F~ 1~8'' ~~ ~ ~ ~~~ Tc~-n~ The ice would not be manned by a V.R.D staff member Golf MTC. would clear snow off once a day for the season with a~snow blower (250 mzn hours) e If we had lighting for the ice rink it would be on a timer to shut light ail a desianatec~ time (~rre woulc, need to get a cost fior n.~nning Ilghts fior the season 'i rom Noly Crass) We would not run a zamboni on the ice (We would need to Rut $10,000 in so a~an to ozaers~:e aor tl~e season) V.R.D would not rent skates We would flood ice rink for five days, from the hours of 10 ~m to Sam for a total of 35 hours This would be a free facility Icy Rink Quantity Materials Price X00 2"xd" K "8 ~ 1,47?.OQ 75 plywood cdx ~ 1,735.00 12 4"x4"x 16" :S ?_94.00 501bs 2 1/2 screv~s ~ 150.00 150 feefi chicken ~trirp ,~ 35.00 21bs fence staples ,~ 3.Gfi9 30 gallons white extsrior paint $ G60.00 100 concrete stakes ~ 300.00 501bs 16d nails ~ 85.00 Sod ?.0,000 sq ft $ 5,300.00 Misc ~ 750.00 dcaors hinges Qther Electrical Discon~iect slNitch gear and fused ~ 3,900.00 Lighting Panel ~ 1,000.00 1G quartz lights ~ 4,000.00 Labor Man hours ~ 4,000.00 Mist Matrerials $ 1,~OOAO Total ~ 14,1®0,0fA Labor Hours 8 labors 640 man hQUrs ~~,;e~Q E . ~ ~ ~,` ~~ ~CJWNOFVNL October 7, 2004 ~.JGLJ`~ 2004 VI, tJI~TES VIE Overall August sales tax decreased 5.8% with Retail decreasing 9.8%, Lodging decreased 2.8%, Food and Beverage decreased 4.5% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) decreased .8%. ' Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. We have combined the Town of Vail and Conference Center remittance forms into one form. On www.vail ov.com the form automatically calculates. You enter your information, print the form and mail it with your check. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125. Sincerely, Sally Lorton Sales Tax Administrator Au_qus# 2004 SALES TA)C VAIL VILLAGE' August August 2003 2004 Collections Collections - Retail ~, .; Lodging Food & Beverage ~, Other Total Retail Lodging Food & Beverage Other Total 194,425 1®19517 191,148 ~IJ9657 493,747 169,689 78,127 171,9'~a ~94J~® 428,56° August Chan e _ g- _-~o~ 1 ~e7 /Q l ~I ~1®.1 a1~.~6/O -13.2% ' LIOIIISFIEA® ~ August August August 2003 2004 Collections Collections Change 51,80 42,97:x -1~'.1% 65,798 829597 25.5% 4,847 4,403 162,905 42,398 4,233 172,201 3.5% -so9% 5,7% J i ~~gust Aa~gt~st august 2003 200 ®/® ~®16ecti®na C®olecta®ns Chan e 8~eta8B 135,602 129,448 m4.5% L~®dg6ng I 49,571 5A9435 1.7% ®®d beverage I 579413 61,74 705% ®ther 5,144 39618 29.7% `~®ta0 ''~ 247,730 i - x!45,215 -- _ ~1.0% i ~4ugust 2004 SALES T~IX CASC,4DE VIL~AGE/EASP VAIUS,4NDSTONE/WEST VAIL !~~' ~ T~l/1~ ~a~gust 2003 ~C®91ect~®ns-- ~eta~8 '~ 24,425 ®d~in~ '8,513 318 999x12 '', 1259968 24, 343 19192 786 989331 124,652 august °/® Chan ec~ ~0.3% 21.2% 147.2% ~1e4% ~1.®% August 2004 SALES TAX ~®r,~L August August August 2003 2004 Collections Collections Change Retail ~ 46,312 3~~,~~3 ~9.8Q/m Lod in I' 21 9 g 3,399 ,~, 2~ r.,.~ a1 ~2 $ /Q Food & ~everege 239y723 ~7'~,313 ~4.~~/m lJtilities & '~ 11 x,91 ~ 115,012 ~0.3~/~ Other Total ~ ! 1,®30,3~i3 97©,629 ~5,3% ~I '~"AII.~ ~TTVIll~A Y August 2003 Collections August 2004 Collections August Change FOOD 107,025 .102,127 -4.6% LIQUOR 20,056 19,054 -5.0% APPAREL 58,164 60,716 ~ 4.4% SPORT 95,859 80,598 -15.9% JEWELRY 31,089 23,810 -23.4% GIFT 13,374 10,409 -22.2% , GALLERY 14,869 5,482 -63.1% OTHER 65,302 63,205 -3.2% HOME 574 1,052 83.3% OCCUPATION T~'~'A]L 406,312 366,453 -9.8% ~~~~~~~ c:;~;~L ~,VUN I Y AUIVI IN OFFICE OFTHE BOARD OF COMMISSIONERS (970)328-8605 FAX: (970)328-8029 TDD (970) 328-8797 Email: eagleadmin@eaglecounty.us www eaglecounryus October 1, 2004 Rod Slifer, Mayor Town of frail 75 S. Frontage Road frail, Colorado 111657 Re: Eagle County 2005 Economic Development Forum Dear Rod: 05:37:30 p. m. 10-01 -2004 1 /2 TOM C. STONE MICHAEL L GALLAGHER ARN M. MENCONI Sent Via Facsiini-e and IJS IViaal Eagle County has partnered with the Colorado Office of Economic Development and International Trade to create none-valley Economic Development Forum. We believe that a cohesive; integrated approach to economic planning and development will result in more sustainable and achievable results for all involved. Our plan is to convene key community leaders in the spring of 2005 for aone-day forum where we will arrive at a consensus of actionable, attainable goals for the upcoming year. In order for this forum to be successful, we need your help. You are being invited as a steering comaraittee member to meet on ®ctober 1 ~`,~oria 1®a.ira. t® l: ®!~ p.a®a. at the f9voro Pubdzc ~tbrary to help outline the spring 2005 event. f.unch will be served. Brian Vogt, Director of the Office of Economic Development and International Trade, will be the moderator of this meeting. His extensive experience with similar community dynamics will be invaluable. Please R.S'~P by ~'r"iday, ®ct®l~ee~ l5 p® (J70)3Z8~860~. If you are unable to attend; please have another elected official from your community come in your place. We look forward to working with you and thank you in advance for your time and participation in the planning process. ~A~1LlC+ B®AR~D ®F ~'C®gT1~17J`~1' C®IIISSlt®I~1tS Tom C. Stone, Chairman TS/shw f~GL~ COUNT Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 i 9703288629 EAGLE COUNTY ADM IN EAGLE COUNTY 05:37:54 p.m AGEN®A Eagle County Economic Development Forum Planning Meeting Tuesday, October 19, 2004 Avon Public Library 10:00 a.m. -1:00 p.m. Lunch will be provided 10:00 a.rn. 12:00 p.m. 1:00 p.m. I. Call to Order II. Welcome and Introductions by Tom Stone, Chairman, Eagle Cot Commissioner lll. How communities working together achieve more: Culture -Integration -Communication Moderated by Brian Vogt, Director, Colorado Office of Economic and International Trade. IV. Makeup of Forum a. Determine participants (in addition to steering committee invi large-scale employers, non-profits, public, etc.) b. Key Speakers (identify presenter) c. Location and Time d. Officers (taking minutes, etc) e. Publicity f. Agenda V. Identify specific programs and activities that enhance the towns alike and set achievable goals for forum. VI. Schedule additional planning meetings. Working lunch Adjourn Brian Vogt was appointed by Governor Owens as Director of the Colorado Office of Economic Developmer International Trade in March 2004. In this position, he oversees a wide range of economic development acti domestic and international business development, small buslness programs, as well as the Colorado Tourls Colorado Economic Development Commission. Vogt also serves as a member of the Governor's cabinet, a Governors Commission on Science and Technology, and as the Governor's designee on the Colorado Ecoi Development Commission and the Financial Review Committee. Prior to this current appointment, Brian se president for Economic development from 1986 to 1990 and as the President from 1990 to 2004 of the Soul Chamber of Commerce. His community involvement has been extensive including President of the Colored Education Coalition, President of the Greater Littleton Youth Initiative, Denver Foundation Arts and Culture f Member and much more. Invited Steering_Committee Members Mayors Rod Slifer, Ramon Montoya, Gordon Flaherty, Buz Reynolds, Jon Stavney, Stephen Eagle County Commissioners, Tom Stone, Michael Gallagher, Am Menconi Frank Johnson, Vail Valley Chamber & Tourism Bureau Kaye Feny, Vail Chamber and Business Association Tim Cochrane, Eagle Valley Chamber of Commerce Ceil Folz & Harry Frampton, Vail Valley Foundation -2004 Board of pment invite county and ities, including ~ Offlce and the Wernher of the ed as the Vice Metro Denver Business r, Leroy Duroux 2 /2 fPC !6.15. 6~ ~('>',ut,~' ~ C®RlE SI'I'lE DEV>EI,®PMEI~T'I' r~Glt>EEI~IENT THIS CORE SITE DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the day of , 2004, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"), and THE VAIL CORPORATION, DB/A VAIL ASSOCIATES,. INC., a Colorado corporation ("Vail Associates"). 1. Vail Associates, Inc., intends to redevelop .the site that it owns in the Lionshead area of the Town of Vail to the north of the Eagle Bahn Gondola facilities and which is commonly referred to as the Lionshead "Core", and more fully described in Exhibit A attached hereto (the "Core Site Property"). That redevelopment is referred to herein as the "Core Site Project." 2. Vail Associates intends that the Core Project be comprised of a mixed-use real estate project, which will include residential condominium and/or other multi-family units; public accommodations, including hotel and/or lodge uses; commercial retail uses, including, without limitation, restaurants, coffee shops and other eating and drinking establishments; public and recreational uses and structures, including, without limitation, an outdoor skating rink, open plaza and other areas allowing .for recreational or entertainment activities and amenities, and ski clubs or similar associations or operations relating to sporting, recreational or outdoor activities; and other uses, improvements and facilities complementary, supplementary, ancillary, incidental or related to any of the . foregoing, including, without limitation, pedestrian and vehicular access ways and facilities, and loadingldelivery facilities. 3. The Town's Planning and Environmental Commission has approved design and development plans for the Core Site Project as set forth or referenced on Exhibit B, as approved on September 27, 2004, and attached hereto (the "Core Site Design Approvals"). 4. The Core Site Property is encumbered with certain covenants and other restrictions on title that are inconsistent with the Core Site Project as proposed by Vail Associates and as approved by the Town in the Core Site Design Approvals. 5. Pursuant to the Lionshead Reinvestment Agreement, the Authority has initiated a condemnation action to acquire the Core Site Property for the purpose of removing the covenants and other restrictions on title that are inconsistent with the Core Site Project as proposed by Vail Associates and as approved by the Town in the Core Site Design Approvals. Also, pursuant to the Lionshead Reinvestment Agreement, completion of the condemnation process is contingent upon the Town and Vail Associates entering into this Agreement. MUR\59599.01 \486462.3 6. Initially capitalized terms used but not defined herein shall have the meanings ascribed thereto under the Lionshead Reinvestment Agreement. NOW; THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Construction Drawings: Within seven days of execution of thus Agreement, Vail Associates will provide evidence to the Town that it has entered into a contract with and authorized its architects, 42/40 Architecture, Inc., to commence final construction drawings for the Core Site Project. 2. Conditions of Vail Associates Prior to Closin . As mutual conditions to Closing: . a) Vail Associates will apply for and obtain all necessary land use and design approvals from the Town and will. obtain all necessary building permits for the construction of the Core Site Project. b) Vail Associates will obtain easement grants and vacations and other grants, approvals or dispositions from the holders of affected property interests that are necessary for proceeding with the construction of the Core Site Project. c) Vail Associates will secure adequate financing as is necessary, in the sole discretion of Vail Associates, for the construction of the Core Site Project. d) Upon the satisfaction of the Conditions specified in a) through c) ,above, Vail Associates shall give written notice to the Authority and the Town i of the satisfaction of all of the- Conditions. Written notice shall include evidence, satisfactory to the Authority and the Town in their respective reasonable discretion, of the satisfaction of all of the Conditions. ~ 3. The Authorit 's Requirements Prior to Closing. a) Within fifteen (15) days of the execution of this Agreement, the Authority, with the consent and stipulation of Vail Associates, will apply for and obtain a judgment from the District Court in Civil Action No. 2004CV447 (the "Eminent Domain Proceeding") declaring that the Property has been condemned and the interests of all parties have been determined, subject to the issuance of a Rule and Order upon the request of the parties. The judgment will specify that if no Rule and Order has been requested on or before October 1, 2008, that the judgment will be vacated and the Petition in Condemnation dismissed. ~ b) Within fourteen (14) days of written notice from Vail Associates that it has satisfied all of the Conditions of Vail Associates Prior to Closing in Section 2 above, the Authority, with the consent and stipulation of Vail Associates, will obtain a Rule and Order from the District Court in the Eminent Domain Proceeding conveying unencumbered fee title in the Property to the Authority. MUR\59599.01 \486462.3 2 4. Closin>;: Upon entry of the final Rule and Order under Section 3(b) above, the Authority the Town, and Vail Associates will proceed to conduct a closing (the "Closing") on a mutually agreeable date not more than ten (10) days after completion of the Eminent Domain Proceeding by the District Court's entry of the final Rule and Order therein. a) Authority Obligations at Closing: The Authority will duly execute, acknowledge and deliver a special warranty deed (the "Deed") conveying the Core Site Property to Vail Associates, subject only to the Remaining Exceptions for the Core Site Property, real property taxes and assessments, and new restrictive covenants for the Core Site Property attached as Exhibit D-1 to the Lionshead Reinvestment Agreement (collectively the "Permitted Exceptions"). b) Town's Obligations at Closing: (i) At Closing, or thereafter if and to the extent elected by Vail Associates, the Town will vacate or abandon any pre-existing utility easements in its favor that have locations conflicting with the approved development of the Core Site Project and the corresponding configurations of water, sanitary sewer, storm drainage and "dry" utilities. In furtherance of the development of the Core Site Project, the Town will grant, across and upon any pertinent easement or property ownership interests held by the Town, and/or accept new corresponding public or quasi-public easements for the affected utilities and other services as configured for the development of the Core Site Project, subject to the Town's approval of those configurations as they may affect Town property interests. (ii) The Town will convey to Vail Associates fee title to those portions of Tract C, Vail/Lionshead First Filing, and Tract C, VaiULionshead Third Filing (collectively "Tract C"), that are presently owned by the Town and that ultimately will be encroached by Core Site .Project improvements, as set forth in the development plans for the Core Site Project approved by Town's Planning and Environmental Commission and Design Review Board. Specific legal descriptions for those encroachment areas will be established administratively during the Town's approval processes governing the final plans for issuance of building permits for the Core Site Project, and/or any replatting process for the Core Site. MUR\59599.01 \486462.3 3 c) Vail Associates' Obligations at Closing: (i) At Closing Vail Associates will furnish the Town promissory note or other form of personal fi~ undertaking committing to pay the sum of $3,000,01 "Financial Commitment"), as security and collateral commencement by Vail Associates of the Core Site as evidenced by the commencement of " Construction" as set forth herein. "Vertical Constri shall mean above ground construction of the fram least one elevator core for the Core Site Project. ~ (ii) The Financial Commitment will be released by the ' the commencement of Vertical Construction occur before July 1, 2008; provided, that if excavation Core Site Project has commenced on or before 2008, the Financial Commitment will be rele Vertical Construction is commenced on or before 2009. The Town shall be entitled to convert the F: Commitment to cash for its sole and exclusive us commencement of Vertical Construction does not o or before July 1, 2008; provided, that if excavation Core Site Project has commenced on or before 2008, the Financial Commitment will be rele Vertical Construction is commenced on or before 2009. with a iancial 10 (the For the 'roject ertical action" ;orat own if on or 'or the July 1, sed if July 1, if the ;cur on for the July 1, sed if July 1, 5. Public Infrastructure. Vail Associates will construct or cause to be constructed public streetscape improvements within the streetscape area depicted oxi the drawing referenced on Exhibit C attached hereto. These public streetscape improvements include improvements on property owned by Vail Associates ("On-Site Streetscape Improvements") and improvements in public right of ~ way ("Off-Site Streetscape Improvements"). In addition, Vail Associates will construct or cause to be constructed certain right-of--way improvements to or affecting Lionshead Place adjacent to,tlie Core Site Property ("Lionshead Place Improvements"). The parties will specifically delineate the On-Site and Off-Site Streetscape Improvements to be undertaken in the process of the development plan approvals for the Core Project rendered by the Town's Planning and Environmental Commission, based on scope and quality standards comparable to those historically employed by the Town for streetscape in Vail Village. The required Lionshead Place Improvements will be consistent with those provided for in the Core Site Design Approvals. The Off-Site Improvements will otherwise be undertaken in accordance with the following: a) Certain Off-Site Streetscape Improvements may encroach into third-party property interests. To the extent they do, it will be necessary for the Town to secure the consents of the affected third-party owners. To the extent that those consents cannot be obtained in a timely manner consistent with Vail Associates' construction MUR\59599.01\486462.3 4 schedule, then the undertaking of the affected Off-Site Streetscape Improvements will not condition the development or occupancy of the Core Site Project, so long as Vail Associates posts or causes to be posted security with the Town (by a letter of credit or other reasonably acceptable financial device) in an amount based on then prevailing construction values in the market. The Town can then undertake the pertinent Off-Site Streetscape Improvements by recourse to the security provided, if and when the requisite third-party consents are obtained, and with the Town to bear any.excess costs. At such time, if ever, as the Town, acting in good faith, determines that it will not be able to secure the requisite third-party consents for any applicable Off-Site Streetscape Improvements, then the security attributable to those Off-Site Streetscape Improvements shall be remitted to Vail Associates; in addition, to the extent those Off-Site Streetscape Improvements are completed by the Town, and the resulting construction costs incurred by the Town to third parties are less than the amount, of the posted security applicable thereto, then the remainder of that security will be returned to Vail Associates. The requisite security will be posted in an escrow (with Land Title Guarantee Company, or another escrow agent mutually satisfactory to the parties) and governed by written escrow instructions mutually made by the parties on reasonable terms that are consistent with the foregoing provisions. No certificates of occupancy, temporary or permanent ("C.O.s"), will be issued for the Core Project until Vail Associates (i) has completed the required On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements or (ii) has posted or causes to be posted security for the remaining incomplete items with the Town (again by letter of credit or other reasonably acceptable financial device), in an amount equal to 125% of the projected construction costs of those remaining items. Vail Associates will warrant the On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements fora 2-year period. b) The parties will act reasonably to coordinate the construction of the required On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements with other public infrastructure construction projects being undertaken by the Town, so long as such coordination does not cause any material delays in the construction schedule for the On-Site Streetscape Improvements, Off-Site Improvements, and the Lionshead Place Improvements and/or the Core Site Project, any material increases in related construction costs, or other material interference with the construction of the Off-Site Improvements or the Core Project. In any event, if any delays are incurred by Vail Associates in its construction schedule as a result of such coordination, then the completion security requirements under paragraph (a) above will be deferred for a commensurate period with respect to the On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements that are delayed, and no C.O.s will be withheld as a result; in addition, when that security is required to be posted or the deferred construction is completed, it will be in amounts based on the construction values that would have been applicable had the delays not occurred (and the Town will bear any incremental costs over and above those construction values). c) The Town will be solely responsible for maintaining the Off-Site Streetscape Improvements. Vail Associates will be solely responsible for maintaining the MUR\59599.01 \486462.3 S On=Site Streetscape. Improvements and the Lionshead Place Improvements. Vail Associates will provide separate heat source facilities for the snowmelt facilities subsumed within the Town's maintenance obligations under the foregoing provisions; and the Town shall be solely responsible to maintain and operate those heat source facilities and bear the associated costs (including, without limitation, utilities charges). 6. Metropolitan Districts and Public Finance. a) The Town will permit and provide requisite approvals for taken by Vail Associates to form not more than three. metropolitan districts boundaries will be inclusive of the Core Site and any other development sites ow. Vail Associates or its corporate affiliates, and specifically excluding third-party.ir. (the "Metropolitan Districts"). The Metropolitan Districts may undertake, purse agreement with Vail Associates, the construction and financing, of the C Streetscape Improvements, On-Site Streetscape Improvements,. and the Lionsheac Improvements as defined in Seetion above. The Metropolitan Districts' service will specifically limit the Metropolitan Districts' powers to the construction financing of the Off-Site Streetscape Improvements, On-Site Streetscape Improve and the Lionshead Place Improvements and maintenance of the On-Site Stree Improvements, and the Lionshead Place Improvements. b) If the Metropolitan Districts are formed and. if the Metrc Districts undertake the obligations of Vail Associates with respect to the Streetscape Improvements, On-Site Streetscape Improvements, and the Lionshea~ Improvements, the Authority will enter into an Intergovernmental Agreement (' with the Metropolitan Districts for the construction of the Off-Site Stre Improvements, On-Site Streetscape Improvements, and the Lionshead Improvements and maintenance of the On-Site Streetscape Improvements, a Lionshead Place Improvements. The IGA shall provide that the Authority shall the Metropolitan Districts amounts equal to the property taxes generated by any m imposed by the Metropolitan Districts and collected by the Authority as tax inc funds. The IGA shall terminate upon the expiration of the power of the Auth~ utilize tax increment funds. action whose Zed by int to 'f--Site Place plans and f Site Place GA") Place 3 the gay to l levy ty to 7. Road Impact Fee. Vail Associates has submitted to the Town a traffic study to evaluate the project trip generations produced by the Core Site Project. As a condition to the issuance of any certificates of occupancy for the Core Site Project, Vail Associates will be required to pay and/or provide in-kind consideration for a traffic impact fee to the Town in an amount equal to $5,000 multiplied by the .number Hof trip generations attributable to the Core Site Project during the peak hour period, as established by the accepted traffic study which fee may be satisfied by payments and/or credits in accordance with the Town's current prevailing standards and policies, consistently applied, that are generally employed for development projects in the (Town. Any portion of the traffic impact fee paid in cash will be applied by the To~ n, in reasonable consultation with Vail Associates, to traffic and road system improvements at the two intersections of West Lionshead Circle with Frontage Road or to any other transportation project that maybe approved by Vail Associates in writing. ~ MUR\59599.01 \486462.3 6 8. Loadin~/Delivery Facility. Vail Associates will construct within the Core Project aloading/delivery facility with eight (8) loading/delivery bays, which will be in excess of the five bays required by the Town Code for the Core Project as a private facility. The bays will be made available for public use by grant of appropriate public easement to the Town, complemented by appropriate use regulations assuring adequate loading/delivery capacities for operations and uses within the Core and in relation to Vail Mountain (including ski operations). The public easement will include provisions for sharing, between Vail Associates and the Town, of operating, maintenance, and repair costs attributable to the loading/delivery facility, which sharing shall be based equitably on relative use. 9. Lionshead Place Skier Drop-Off North Day Lot. The existing Lionshead Place skier drop-off will be removed by the Core Site Project. As a condition to the issuance of any C.O.s for the Core Site Project, Vail Associates must either be under construction, pursuant to a building permit or permits issued by the Town, for a project at the North Day Lot (comprising part of Lot 1, Block 1, Vail/Lionshead Third Filing) that incorporates skier drop-off under its approved plans, or else furnish comparable skier drop-off at an acceptable alternative location. In conjunction with the development of the North Day Lot project, Vail Associates will grant the Town an appropriate public easement for public use of the transit center facilities ultimately therein. The development of the North Day Lot will not act as any condition to development of the Core Site Project. 10. Courtyard Access. Vail Associates will convey appropriate public easements to the Town for public use of the internal courtyard access ways within the Core Site Project that will be owned by Vail Associates contemporaneously with the initial issuance of any C.O.s for the Core Site Project. 11. Public Art. Vail Associates will provide $1,000,000.00 in public art in conjunction with the development of the Core Site Project. Vail Associates will determine the type and location of the art to be provided, subject to obtaining and giving reasonable consideration to input from the Vail Arts Board (the "Art Board"). Such input will be provided at a regularly scheduled public meeting of the Art Board. Vail Associates will furnish an initial proposed conceptual plan for the public art to the Art Board prior to the issuance of any building permits for the Core Site Project (for this and other purposes, building permits will not include grading permits or similar approvals authorizing grading or other site work). 'The timing for- the installation of the public art will be reasonably incorporated by Vail Associates into the Core Site Project construction schedule in accordance with generally prevailing construction practices. 12. Employee Housing. a) In connection with the undertaking of the Core Site Project, Vail Associates will be required to replace the resulting loss of employee housing (i.e., the 100 "beds" lost) at the existing Sunbird Lodge, which will be razed and redeveloped as part of the Core Site Project, and to add incremental employee housing (again determined pursuant to a requisite number of "beds") corresponding with the employee housing MUR\59599.01 \486462.3 ~ burdens generated by the Core Site Project development as and when actually developed. The requirement for incremental housing will be determined during the Town of Vail development plan review process for the Core Site Project in accordance with the current prevailing standards and policies, consistently applied, that are generally employed for development projects in the Town. The replacement housing for the Sunbird Lodge and such incremental housing are sometimes referred to hereinafter collectively as they, "Core Employee Housing Requirements." The Core Employee Housing Requirements will be satisfied from housing within the Lionshead area of the Town of Vail, or any other location that may be approved by Town's Planning and Environmental Commission in the development plan process ("Acceptable Locations"). b) The provision of required employee housing to satisfy the Core Employee Housing Requirements will act as a condition to the issuance of any C.O.s for the Core Site Project. Vail Associates may provide required employee housing on an interim basis, not to exceed five (5) years, except that ultimately Vail Associates will be required to furnish permanent facilities for the Core Employee Housing Requirements. 13. Vested Riuhts. Vail Associates and the Town agree that the Core Site Design Approvals and this Agreement collectively constitute an approved "site-specific development plan" for the Core Site Property and the Core Site Project under the Vested Rights Laws (as defined below). Pursuant thereto, the Town agrees that Vail Associates, and its successors in interest in the ownership of the Core Site Property, or any portion thereof, will be entitled and have the right to undertake and complete development of the Core Site Property and the Core Site Project in accordance with the Core Site Design Approvals, as the same may be further amended or supplemented in connection with the development process by additional development and construction plans, platting or otherwise. This right to so develop shall constitute a vested property right under C.R.S. § 24-68-101, et seq. (the "Vested Rights Act"), and/or Town Code § 12-19-1 et seq. (collectively the "Vested Rights Laws"), and this Agreement shall constitute a development agreement within the meaning of the Vested Rights Act This vested right is being established in consideration of the substantial time and investment which already has been and will be incurred by Vail Associates and its affiliates in planning for and undertaking the Core Site Project, and to afford Vail Associates and its affiliates and successors certainty of the availability of development rights during the potential phasing of the Core Site Project and the economic cycles and variability in market conditions that Vail Associates and its affiliates and successors may encounter during the build bout of the Core Site Project. The following language is hereby deemed incorporated into each of the Core Site Design Approvals (and amendments and supplements thereto) as well as this Agreement: "Approval of this plan may create a vested property right pursuant to Colorado Revised Statutes title 24, article 68, as amended." The term of this Agreement for completing Closing will coincide with this vested rights period. This vested property right shall have a term commencing as of the effective date of this Agreeme i t and continuing for a period ending on July 1, 2008. ~I 14. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Core Site Property. However, any successor owner to Vail Associates with respect to any portion of the Core Site Property or the Core Site Project MUR\59599.01\486462.3 g will not have any personal liability for any of Vail Associates' obligations hereunder, except to .the extent such successor succeeds to Vail Associates' position as the owner/developer of any building improvements in the Core Site Project before they are initially completed (as evidenced by the issuance of any temporary or permanent certificate of occupancy therefor). This Agreement shall cease to act as any limitation or encumbrance upon any building improvements within the Core Site Project when such building improvements have been thus initially completed. The .Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements hereunder, as and when the relevant requirements have been satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure to the benefit of Vail Associates and its successors and assigns, and (ii) references herein to "Vail Associates" shall be construed to include its successors and assigns from time to time. Vail Associates may also delegate its maintenance and other obligations under Section 5 above to any successor owner in the Core Site Project, to one or more of the Metropolitan Districts, and/or to any owners' association formed for the Core Site Project or any portion thereof, and Vail Associates will have no further liability for any of those obligations that are so delegated. 15. Notices; Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, maybe given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the, intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case maybe, to the appropriate address set forth below: If to Vail Associates: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 MUR\59599.01 \486462.3 9 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado .81620 Attention: Karsten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses and/or fax numbers for notices par: a written notice which is given in accordance with the terms hereof. As used her term "business day" shall mean any day other than a Saturday, a Sunday, or holiday for which U.S. mail service is not provided. Whenever any date or the ex~ of any period specified under this Agreement falls on a day other than a busine then such date or period shall be deemed extended- to the next succeeding basin thereafter. nt to ~, the legal day, day 16. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws; the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the- affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted by law. 17. Exhibits.. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. MUR\59599.01 \486462.3 1 ~ 18. Entire A>reement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 19. Estoppel Certificate. At any-time and from time to time (but upon not less than ten (10) days' prior notice by Vail Associates), the Town shall execute, acknowledge and deliver to Vail Associates and its designees an estoppel certificate in writing certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that this Agreement is in full force and effect as so modified, and stating the modifications); that Vail Associates is not in default of any obligations, conditions. or requirements hereunder, except as otherwise specified in the response; and such other matters and information related to this Agreement as may be reasonably requested. Failure of the Town to furnish its response within the requisite 10- day period shall be conclusive upon the Town that the matters requested for disclosure are in the status most favorable to Vail Associates, as determined by Vail Associates. 20. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of .law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 21. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by ordinance. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 22. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution. to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment MUR\59599.01 \486462.3 11 or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to furnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement. j 23. Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as maybe reasonably necessary to carry out the purposes of this Agreement. 25. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall .any such third party have any rights to enforce this Agreement in any respect. Vail Associates' "corporate affiliates" will include any entity which by direct or aidirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates. Other corporate affiliates of Vail Associates may have ownership interests in the Property and/or the Core Site, and references herein to "Vail Associates" shall be deemed to include any such corporate affiliate with an ownership interest. 26. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 27. Recording. This Agreement shall be recorded in the real property for Eagle County, Colorado. 28. No Joint Venture or Partnership. No form of joint venture or exists between the Town and Vail Associates, and nothing contained in this shall be construed as making the Town and Vail Associates joint venturers or 29. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). ~ IN WITNESS WHEREOF, the Town and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month and year first above written. T®WN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of they laws of the MUR\59599.01\486462.3 12 State of Colorado By: Name: Title: ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) Town Manager The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Sigai<ataare b-ocks c®n~ue ®n f®11®wiaag Pagel MUR\59599.01 \486462.3 13 VAIL ASS®CIATES: THE VAIL CORPORATION DB/A AIL ASSOCIATES, INC., a Colorado corporatic By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this 200_, by Colorado corporation. as of of The Vail Corporation d/b/a Vail Associates, Inc., a Witness my hand and official seal. My commission expires: Notary Public [Signature blocks contin~ne on following page] MUR\59599.01 \486462.3 VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Reinvestment Authority, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public MUR\59599.01 \486462.3 S-2 !'~~,A;,~ ro~r4•o~{ ~®RlE CR1E]EI~ PLACE Il~EVEL®PMEN~' A~1tEElV~EN71' THIS GORE CREEK PLACE DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the day of 2004 b and Y between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"), and THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). RECITALS: A. Vail Associates is the owner of certain real property in the Town, which is legally described on Exhibit A attached hereto (the "Property"). The Town's Design Review Board and other Town agencies have approved design and development plans as set forth or referenced on Exhibit B attached hereto (the "Gore Creek Design Approvals") for the development of a residential duplex project, consisting of 16 residential units, to be located on the Property, and commonly referred to herein as the "Gore Creek Project". Vail Associates is presently in the process of securing from the Town the remaining requisite approvals, including building permits, for construction of the Gore Creek Project. B. The Property is encumbered with certain covenants and other restrictions on title that are inconsistent with the Gore Creek Project as proposed by Vail Associates and as approved by the Town in the Gore Creek Design Approvals. C. Pursuant to the Lionshead Reinvestment Agreement, the Authority has initiated a condemnation action to acquire the Property for the purpose of removing the covenants and other restrictions on title that are inconsistent with the Gore .Creek Project as proposed by Vail Associates and as approved by the Town in the Gore Creek Design Approvals. Also, pursuant to the Lionshead Reinvestment Agreement, completion of the condemnation process is contingent upon the Town and Vail Associates entering into this Agreement. Initially capitalized terms used but defined herein shall have the meanings ascribed thereto under the Lionshead Reinvestment Agreement. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Requirements of Vail Associates Prior to Closing (a) Within seven (7) days of the execution of this Agreement, Vail Associates will enter into leases for 95 units within Timber Ridge for a period of two (2) years, commencing November 1, 2004. The lease rate will be $1,075 per unit per month, with the Vail Associates related leases being allocated 165 parking spaces in the aggregate (and 75 of these spaces being regarded as "excess" parking that Vail Associates may apply to use for any business purposes). When this lease relationship is entered into, it will count toward satisfaction of Vail Associates' and its affiliates' Lionshead employee housing requirements, as the same MUR\59599.01 \486461.3 maybe applicable during the term of the Vail Associates Lease, and Vail lease(s) in Timber Ridge for 52 units units will be terminated . (b) Vail Associates will apply for and obtain all necess and design approvals from the Town and will obtain all necessary building perms construction of the Gore Creek Project. ' existing y land use for the (c) Vail Associates will obtain easement grants and vacations and other grants, approvals or dispositions from the holders of affected property interests that are necessary for proceeding with the construction of the Gore Creek Project. (d) Vail Associates will secure adequate financing, in the sole discretion of Vail Associates, as is necessary for the construction of the Gore Creek Project. (e) Vail Associates, at its sole and exclusive discretion, may elect to waive any or all of the requirements in this Section 1 and proceed with the Closing so long as it satisfies all of the Obligations of Vail Associates at Closing as specified in Sections 3 below. 2. The Authority's RecLuirements Prior to Closing (a) Within fifteen (15) days of the.execution of this Agreement, the Authority, with the consent and stipulation of Vail Associates, will apply for a Rule and Order from the District Court in Civil Action No. 2004CV446 (the "Eminent Domain Proceeding") conveying unencumbered fee title in the Property to the Authority. The Rule and Order must be entered prior to Closing. 3. Closing (a) Upon the satisfaction of the requirements in Sections) l and 2. above, or the waiver by Vail Associates of any or all of the requirements in Section 1 above, then the Authority, the Town, and Vail Associates will proceed to conduct a closing (the "Closing") on a mutually agreeable date not more than ten (10) days after completion of the Eminent Domain Proceeding by the District Court's entry of the final rule and order therein. The Closing will be conducted through the Title Company, at its Vail, Colorado office. The Title Company will furnish all requisite closing and escrow services for the completion of the Closing, and all required Closing deliveries will be made by depositing the same with the Title Company. At Closing, the following will occur, each being a condition precedent to the others and all being considered as occumng simultaneously: (b) Authority Obligations at Closing: The Authority will duly execute, acknowledge and deliver a special warranty deed (the "Deed") conveying the applicable Property to Vail Associates, subject only to the Remaining Exceptions for the applicable Property, real property taxes and assessments, and new restrictive covenants attached to the Lionshead Reinvestment Agreement as Exhibit D-2 for the Gore Creek Property (collectively the "Permitted Exceptions"). MUR~59599.011486461.3 2 (c) Town's Obligations at Closing: (i) The Town will vacate or abandon any pre-existing utility easements in its favor that have locations conflicting with the approved development of the Gore Creek Project and the corresponding configurations of water, sanitary sewer, storm drainage and "dry" utilities. In furtherance of the development of the Gore Creek Project, the Town will grant, across and upon any pertinent easement or property ownership interests held by the Town, and/or accept new corresponding public or quasi-public easements for the affected utilities and other services as configured for the development of the Gore Creek Project, subject to the Town's approval of those configurations as they may affect Town property interests. (ii) The Town will also vacate the existing publicright-of--way for Red Sandstone Road within the "Holy Cross" site owned by Vail Associates which is presently operated as an employee parking area which is legally described in Exhibit C attached hereto. The vacation will be subject to continuing non-exclusive access rights in favor of the Colorado Department of Transportation ("CDOT") as necessary to furnish CDOT ingress and egress to and from its adjacent property in the I-70 right-of--way . (d) Vail Associates' Obligations at Closing: (i) For a period of sixty (60) days after the making of this Agreement and the Closing herein, the Town and Vail Associates will enter into negotiations to establish a mutually acceptable financial structure involving Vail Associates' participation which will facilitate the redevelopment of the Town's Timber Ridge apartment project ("Timber Ridge") for employee housing, provided that no obligation will arise to undertake any such financial structure unless and until the parties mutually agree upon the governing terms in writing. (ii). Vail Associates will quitclaim to the Town any right, title and interest, if any, in and to that certain land at the Town's public works facility which is currently used as a snow dump and its surrounding perimeter, identified herein in Exhibit D, and to waive any outstanding or disputed amounts for past rent due on such property. (iii) Vail Associates will execute and deliver a recordable modification to the Right of Entry, which is part of a deed dated May 15, 1980, and recorded May 15, 1980, at Book 302, Page 854. The recordable modification shall expressly expands the permitted uses under the Right of Entry to include a conference center and associated uses. 4. Vail Associates' Obligations Prior to the Issuance of Certificates of Occupancy for the Project: (a) The Gore Creek Design Approvals, including the conditions of approval constituting a part thereof, establish certain requirements for constructing and completing a pedestrian path, landscaping, and certain other site improvements within and constituting part of the Gore Creek Project (the "Gore Creek Site Improvements"). Vail. Associates will not be entitled to receive from the Town a certificate of occupancy, either temporary or permanent, for any units within the Gore Creek Project until either (i) the Gore Creek Site Improvements have been substantially completed to the satisfaction of the Town of MUR\59599.01\486461.3 3 Vail Chief Building Official, or (ii) at the discretion of the Town of Vail Chief Bu%lding Official applied in accordance with the Town's generally prevailing rules and practices, Vail Associates has furnished or caused to be furnished to the Town with security for the remaining uncompleted Gore Creek Site Improvements in the form of a performance and payment bond fo'r the work, or alternatively in the form of a letter of credit, or other financial medium reasonably acceptable to the Town, in a dollar amount equal to one hundred twenty-five percent (125%) of the estimated out-of-pocket, variable construction costs for completing the applicable Gore Creek Site Improvements. In the event Vail Associates fails to complete or cause the completion of the Gore Creek Site Improvements in a timely manner in accordance with the applicable security requirements, then the Town at its election may undertake the completion of the remaining Gore Creek Site Improvements, and resort to the security furnished to recover the resulting construction costs and expenses incurred by the Town. Any security previously provided or the remainder thereof (as applicable) will be returned to Vail Associates upon the completion of the obligations for the Gore Creek Site Improvements. This Agreement satisfies all requirements under the Town Code of the Town of Vail (the "Town Code") for the provision of security or making of agreements with respect to the Gore Creek Site Improvements. Notwithstanding any provisions to the contrary in the Town Code or other Town rules and regulations, the Gore Creek Site Improvements and the express provisions of this Agreement constitute the full scope of any and all public or other improvements, dedications or exactions that may be required of Vail Associates in relation to the undertaking of the Gore Creek Project, and no further public or other improvements, dedications or exactions or other development conditions maybe required of Vail Associates in connection with the Gore Creek Project (any requirements under the Town Code or other rules or regulations to the contrary are hereby waived). (b) Vail Associates has submitted to the Town and the Town has accepted a traffic study to evaluate the project trip generations produced by the Gore Creek Project. As a condition to the issuance of any certificates of occupancy for the Gore Creek Project, Vail Associates will be required to pay and/or provide in-kind consideration for a traffic impact fee to the Town in an amount equal to $5,000 multiplied by the number of trip generations attributable to the Gore Creek Project during the peak hour period, as established by the accepted traffic study which fee maybe satisfied by payments and/or credits in accordance with the Town's current prevailing standards and policies, consistently applied, that are generally employed for development projects in the Town. Any portion of the traffic impact ifee paid in cash will be applied by the Town, in reasonable consultation with Vail Associates, to traffic and road system improvements at the intersection of West Forest Road with Frontage Road, or to any other transportation project that maybe approved by Vail Associates in writing. 5. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Property. However, any successor owner to Vail Ass ciates with respect to any portion of the Property or Gore Creek Project will not have any personal liability for any of Vail Associates' obligations hereunder, except to the extent such successor succeeds to Vail Associates' position as the owner/developer of any residential unit in the Gore Creek Project before it is initially completed (as evidenced by the issuance of any temporary or permanent certificate of occupancy therefor). This Agreement shall cease to act as any limitation or encumbrance upon any residential unit within the Gore Creek Project when such unit has been thus initially completed. The Town agrees to cooperate reasonably and diligently iri furnishing recordable releases and terminations of this Agreement, or for discrete portions of the MUR\59599.01 \486461.3. 4 requirements hereunder, as and when the relevant requirements have been satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure to the benefit of Vail Associates and its successors and assigns, and (ii) references herein to "Vail Associates" shall be construed to include its successors and assigns from time to time. 6. .Notices: Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, maybe given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case maybe, to the appropriate address set forth below: If to Vail Associates: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Karsten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town 1~Ianager Fax No.: (970) 479-2157 MUR\59599.01 \486461.3 5 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses and/or fax numbers for notices pursuant to a which is given in accordance with the terms hereof. As used herein, the term "busi shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U service is not provided. Whenever any date or the expiration of any period specifie Agreement falls on a day other than a business day, then such date or period shall b extended to the next succeeding business day thereafter. 7. Severability. In the event any provision of this Agreement i; illegal, invalid or unenforceable under any present or future laws, the legality, vatic enforceability of the remaining provisions in this Agreement shall not be affected t: lieu of the affected provision there shall be deemed added to this Agreement a subs provision that is legal, valid and enforceable and that is as similar as possible in coy affected provision. It is generally intended by the parties that this Agreement and i provisions be enforceable to the fullest extent ermitted b law ritten notice ;ss day" . mail under this deemed held to be ty and ereby, and in ;nt to the separate P Y ~ 8. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. i 9. Entire Agreement. This Agreement and the other contracts of agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 10. Estoppel Certificate. At any time and from time to time (but than ten (10) days' prior notice by Vail Associates), the Town shall execute, ackno~ deliver to Vail Associates and its designees an estoppel certificate in writing certify Agreement is unmodified and in full force and effect (or if there have been modific this Agreement is in full force and effect as so modified, and- stating the modificatic Associates is not in default of any obligations; conditions or requirements hereunde otherwise specified in the response; and such other matters and information related Agreement as may be reasonably requested. Failure of the Town to furnish its resp the requisite 10-day period shall be conclusive upon the Town that the matters requ disclosure are in the status most favorable to Vail Associates, as determined by Vai 11. Rules of Construction. The headings which appear in this Al for purposes of convenience and reference and are not in any sense to be construed the paragraphs in which they appear. Each party hereto acknowledges that it has ha opportunity to review, make comment upon, and negotiate the terms and provisions upon not less ledge and ng that this tions, that Zs); that Vail except as o this . Anse within :sted for Associates. ~eement are is modifying d full and fair of this MUR\59599.01\486461.3 6 Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 12. .Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 13. Waivers and Amendments. No provision of this Agreement maybe waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to furnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement. 14. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 15. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 16. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. Vail Associates' . "corporate affiliates" will include any entity which by direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates. Other corporate affiliates of Vail Associates may have ownership interests in the Property andlor the Core Site, and references herein to "Vail Associates" shall be deemed to include any such corporate affiliate with an ownership interest. MUR\59599.01 \486461.3 ~ 17. Counterparts. 'This Agreement maybe executed in counter) which shall constitute an original, and which together shall constitute one and the agreement. 18. Recordini?. This Agreement shall be recorded in the real for Eagle County, Colorado. each of records 19. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Associates, and nothing contained in this Agreement shall be construed as making the Town and Vail Associates joint venturers or partners. 20. Attorne s' Fees. In the event any legal proceeding arises ou subject matter of this Agreement and is prosecuted to final judgment, the prevailing be entitled to recover from the other all of the prevailing party's costs and expense; connection therewith, including reasonable attorneys' fees (and the presiding court to make this award). [Balance of page intentionally left blank] t of the ;party shall incurred in will be bound MUR\59599.01 \486461.3 8 IN WITNESS WHEREOF, the Town and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month and year first above written. 'II'~Wl~: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: Town Manager ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Sngaaaitanre lbloeks eontinaae on ffoIllow~tg page] MUR\59599.01 \486461.3 VAIL ASSOCIATES: THE VAIL CORPORATION D/E ASSOCIATES, INC., a Colorado By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this 200_, by _ as. Colorado corporation. of The Vail Corporation d/b/a Vail Witness my hand and official seal. My commission expires: Notary Public [Joinder of Vail Reinvestment Authority follows on next page] of Inc., a MUR\59599.01 \486461.3 VAIL REINVESTMENT AUTHORITY STATE OF .COLORADO COUNTY OF EAGLE By: Name: Title: ss: The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Reinvestment Authority, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public MUR\59599.01 \486461.3 EXHIBIT A LEGAL DESCRIP'T`ION OF THE PROPERTY I A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDNISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD F RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST COR SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIP. MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED i PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTE VAIL/LIONSHEAD_ THIRD FILING, SAID LINE FORMING THE BASIS OF B FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEA] PENTHOUSES,, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHE~ PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59'19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORl` PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOj SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWING COURSES: 1) S 66°54'19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOU SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF-89.72 FEET TO THE MOST SOUTHWES7 CORNER OF SAID LOT B; 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EA OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF S. OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTIr RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 2( DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 F THENCE N 20°17'11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" I DISTANCE OF 57.33 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 4.79 FE 183 ON THE OF ~N STATE SAID ,RING ,ET TO A lZ OF SAID DARY OF THREE OF ZY OF .Y '.T RIGHT- .ID RIGHT- J SAID '.17'11"EA ---~ A ',T; THENCE MUR\.59599.01 \486461.3 A-1 N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39°10' 12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. MUR\59599.01 \486461.3 A-2 EXHIBIT B DESIGN DEVELOPMENT PLANS >F'OR GORE CREEK PLACE Design development plans for the Gore Creek Project prepared by 42/40 Architecture Inc., and approved by the Design Review Board of the Town of Vail on July 21, 2004. MUR\59599.01 \486461.3 $_ 1 EXH181T C Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC273511.15 Schedule A Cust. Ref.: Property Address: SOUTH~FRONTAGE ROAD SUBDIVISION 1. Effective Date: June 19, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder . Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: TRACTS A AND B, SOUTH FRONTAGE ROAD SUBDIVISION, ACCORDING TO THE PLAT RECORDED NOVEMBER 6, 2000, RECEPTION N0. 743424, COUNTY OF EAGLE, STATE OF COLORADO. t .a..~~ ~~- E ~~ -- ~° ~ of I'INAL PLAT ~`!'3 y~ y. oo ~ ~ _ ~ ~ SOUTH FRONTAGE' ROAD SUBD.IVISIDN A PART OF SECTION 12, TOTVNSHIP 5 SOUTH, RANGE 81 TYEST OF THE SIXTH PRINCIPAL ~IIERIDIAN AND A PART OF SECTIONS 6 ~'c 7, T0I1'NSHIP 5 SOUTH, RANCE 80 1VEST OF THE SLXTH PRINCIPAL dIERIDIAA/ ' 7'DiVA/ OF VAIL, COUNTY Ok' EAGLE, STATE OF COLORADO ~ocnnoN NC/NITY MAP GENERAL NOTES: ISRTE1CAlE OP DEdCAT10N MIO OYMERSNIP ~~~tunr~fw[M wrMnt o..A n.Yn aura scra f twc vwY.r't 1>a ^"A"u¢1 • .aaa rwrot[ wn w f m . n • W u uor wm - - - nat- ~..t v ¢ina iL n K m~sui¢¢,mMO o rularf t a Ac tun rrxo.u xom - ~~ ~ry a u~v ~ nm®d or¢~,pputwm vm xatwt~ atop NaJ~ ~~ w ~ u P wu.xt¢ mnwr, > n.uL xm wea x..vr.v H tuu m wnt nay m ..x d mn.v..tou re.u ~mra ra.s wwann o tutvw emnm to x¢ n ° ~ ' ,aolwni//~ a~iintst t xolr..nt t/. rntx.at VL actor. L xo « tK / gcNm L me.vly t twR .w¢ p wt a x srvt ' w¢ aw xo.m aaL x tounw V .[n tm uu .wqp axc uw[ runoutt wdetn N (Dori 1 t T. nrllNfst t/t 4c„w w ~! v.r tl a x tat. m .. rcrn w~naa~t .apt o ..r out n wt saa O w ucawtu¢ n m n rar .t a . vam rmt aou. tulr m m warE ..e .ua n rm I ...¢ n rat » tooYa.lt Ia tt (m a . ran a •K tomr two .uo .aaxm tp ~ ~% r m~ai i. ~moisi'a r~w ~x ~..n ..tanr u. s C,7rt~~~~ -t"1T ~E s - - - - - - - - - - .aa a Nn as ... ~~ ., ~._ a n. ,nK tit,na. ,K x..t wu nxtl .axa.-ar tc-y ~ Y lI~ Qw .Ip xm [tk a. a~ / -. t .t . t. 2 N r~Oioar t~ u mrva ~ luxl +Py / ~!~ na .¢ rou v+mval . ~ ,yrtl ~, • a ~axo ..Lx, PIS k xaa aa..r > I® Ir~..'a.~ awn ~j , -I P gt( j~ ~ d't ~ ~'i'- ---' an. . 8 !~ 1 ~P 9 V~JAy A ~ ~N,st' / Pas ~ r.a a P P / P NIP.YOf[ - JP..P 4 \'. P#IY U w v ' / P- fT60P jt i-i%i°~jaut[mI /k,) a~ N I.a Lr x, wwt P/ ~ Pavar[ 3/ ~.C~A M'/lA[i1D 1EYQ91 1u a r.at.a .oa ~n (Pwr JrR vcr ma) ~ 1 ~ I ` ' la t P~ ~ I^~ ~.(iLiYe-I m I.L ' MYP JfN I,~puaPt~ PpY) x.•rai t~ ~7P a'r a x I ~uC4o k att .a, ~. i ~ t $ 1 1 1 ~ ° ~ adt ~ ,/ 4n tAmwN ? ~ ~~ ~ ~~ a ~' ~ ~ ~ , Ey, - 17yP 1 1 I ~~ ~I .. LLr. mt ~ I~ ~IALALAL°yl jII nLYP afiw rx rtw' xat ~:+~ ~' Y ~ 8 DNIa - J~OT1P' fl~ 51 J.DV i- 151.dd' L~ JC3.30' ao- Jat.ad ce_ surJ~'PD'x (~aI-tals.RP) ~i,c-~~:"..~`? ..I~ a nor .a .._ (LGr. Co x, w a -nP -Ses !< manta ur Iwo u. anon arA ~ ~ MV ~P.IOr of c /'~[T~~° L '8. SURVEYOR'S CEItTIE1UIE uco0. ~wlar maY m.t t w . aaEma uu. wxrv. umm aouxo n m' tr,6 x.v: m •r taa¢.ro trK'Mr P ^' nC tva..roa a t.w a ta_ ur /e0 e,41rr .aw.m rt. rR ]>a J?~j •••~l ' l+~l~MPy~F 1 7111£ CERDFlCATE ' / .LL w. 1~w~rw m.tAi•~(ro ivdj,~ ¢ Flejda.~ m~ t~r.. Lu.d 'EifL x.A.a...h.L GPryu...r PLANNING ANp ENVIRONMENTAL COEIMISStON CERT1FlCAlE ewx ~ - w.o.uutu tR.x n r ~-P~My ~~y~ za esaE 11 fl CEA71FlCAlE OP TAXES PrJO ROOWPi Rs IPSrr e.m w.~f~... o../1 .Aw A.~ Rt- . ~°e~°~ `•~ ~bfi Lida-~t~ CILRK AND RECdIDEA'S CER761CATE$ID- r StKP ml~ ~ rK~mi~ xy 1a14YLiP2~~ Ie_G9_ uo rt p~ rt =11]lYl P.I. qe. If4 Pl.tt. . .1L.LN1xy, :~!~,: quwN m: Sw I JOB Ko. 951 a EXHIBIT D Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50007036 Schedule A Cust. Ref.: Property Address: NORTH ANHOLTZ PROPERTY 1. Effective Date: September 14, 2004 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 . Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. IVC50007036 LEGAL DESCRIPTION THAT PART OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WESTOF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, LYING NORTH OF INTERSTATE HIGHWAY NO. 70, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 8, THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS WEST 2651.87 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 8 TO THE NORTH 1/4 CORNER OF SAID SECTION 8; THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS WEST 903.90 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 8 TO THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE THE FOLLOWIN FOUR COURSES ALONG SAID NORTHERLY RIGHT OF WAY LINE: 1) SOUTH 73 DEGREES 46 MINUTES 15 SECONDS EAST 789.30 FEET 2) SOUTH 78 DEGREES 49 MINUTES 16 SECONDS EAST 567.90 FEET 3) SOUTH 75 DEGREES 28 MINUTES 18 SECONDS EAST 942.40 FEET 4) 1327.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 5580.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 38 MINUTES 04 SECONDS, AND A CHORD WHICH BEARS NORTH 89 DEGREES 36 MINUTES 34 SECONDS EAST 1324.70 FEET, TO THE EASTERLY LINE OF SAID SECTION 8; THEN NORTH 00 DEGREES 23 MINUTES 03 SECONDS EAST i 72.10 FEET, ALONG SAID EASTERLY LINE, TO THE POINT OF BEGINNING. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS. o _ ~ r ~ ' e ~'~' `ti s~ k .,,.f f r r o.r a~~l _ ~,, ~~ / r _ n 7 i a 1, . ~~~ ~:. Jx ~ , ~~ _ - ~. ,~~~,~- ~~, v ` s ~ ~: _ - ,, w ~ ~ ~~ i~ - F ~ t. ~n _ i E~ it t , iS ~'~ 9. "3' `! rS~ f. ', ~ .Iv: ~ f : _• w t ~ } I t r' ~ ~. k` N ~~ ~. . ~'.~t `i. `_ f+~~ ~~~~ ~S~ •. 'RC y5'~ }5 y"1' Z S~_ ~'i 7 ~ ~ 4x -_ ~ ~ ~Y~ R ~~. it r ~'~~ S ~ ~ '~ ~~~d~' 0- e-• ~: M~ ~ Y ~~-`~, q~5' ; ,y, ~~ ~ s-yA ~ l' ,a. g.; t -'~~ xr ti Jam.; ~, ~ ~~\ r ~ t k:: . ~y" ~5~ r°S~ ~ Y~ as h~ r~ .y i ~ ~ - a~ft.L~ ,.~ ..r ..2'~ T~~`~ ~ ..tipi~r. a i~ >-z ~ ~-~ ~ ~i ~ Z !. ,:i~," 7a k n _ _.~ ~ ~M Lt. `. ~'C~ ~~F rs~s~ ~ir, :c11~, k d ~ ~ 11,1 .~. -.~ ~_~ t j .. ~°s '~ ~;•' fiyy~.~ 4 s+ ~ Ati i'~1 ~ ,~" -t5 `s v~ ""»iii"i'SSS .,~ ~,~~"` .7. 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's ._ ~ ppq~~,p{r•O'7o'K \~`'r.~ ~ 1 `';^ ... ~ ~ - ~a . aiR.'n-R., to ~,` Ylr .J t~ - 7 f- rr ~ ~~~:._~ '_.,,..vyk r{ t ~ ,~. ~~~ .~~ '^9. _ o ao`.~a={3 ~~:t, ~~ ~ ~,tiM ~~ ~ ,~., - ~ ~ E ~; : J' P'r... ~.: - to T 1~, :" 4 ~.;v ~- 1 ~t''~hl~~ ~. a - ~~ A ~ "`r' ~, a ~4~. ~' ~c ~~.. ~r~:, ~:L~~r~ _ - '.:f ;~., ~ ~.- ~ ~'` Y~ ~ ~} ~ ,I' ~R -_ f ~'r~/ ~~ y~""~+'Y[..w;, ~'~.,s' ~ r aa. - `~zir~_ ~,~ a } ~ ~ =~} ( tc; r7~ ~. } j ~ .;~ `. - ~...~ ~ i- ~- 'C~ 43 ~ ` '', ..cam _ N, 'r }^. ,5.`..w' t t~4 ~ ii y~ 7t~~ ¢ .5 x i ,fin s x", a~'r _~~ '¢'- t a ''~ ~ ~"~~ 1 .4 ~f,' .` ' ~~ , i Legend ~ ~ ` ~" f1;,1 I ~J ~ - r ,~ : , r § ;• ~~ " ~~ ~ ~ ' ~~ tT ~ ~~ ~~ ~~`~," ~~:~ ~ ._ Bu~fding Footprints = ' ~ _ `~ ~~ ~ ~.C~=~- ~ t ~~ r ~ ` Parcel Boundaries k - _ r ~ '~~~ ~ °j- 400ft. Buffer Y ~.- ,~ 4„ -" ~~1 '~ ~-~. 1 b ~. ~ y~yY _ _i: ~ r;.~ ~ ~ - ~ t -~~ A ~1f.._.is -- ~ - _ _~ __. ~ ~a __ _~~~_ _..- ~ ~±t~. _._ , ~a _ _. rte, ~'~ m MANOR AIL CONDOMINIUMS V~1~,, C®z®~D® PxoTO Loc~TOR Mar ~~ .a~r~, ~: L_ °~' ! t f 4 `.. ~ ~ 4 ~ti .f -- - _~ ~ , ~~~...r.. z---~---~~-~... ~> ..:. _ .~-, •°- ,. -... .~.~ _. rv w,.. v .. ~ ~_. ,_ -- ---.~...,.,-.-_ .a a ~.w~~ -~...~.~ EXISTIIVC~ __- ~. _.- 4~ -- ~. ~ ~-- ~- m~._~... _....~...~..._._ nw~. ~. PIZ®P®SED THIS VIEW WAS TAKEN FROM THE FRONTAGE ROAD LOOKING OVER FORD PARKS SOFTBALL FEILD TO GOLD PEAK. o~ AST®IZ ~AII, C ®~TD®IVIIILTIi~I ~~g~9 ~~L®I~D~ o~_ ~o~ I~ _ ~.~ ~ ~~~ ~_, ~. ~ i~ ~XISTIIVG PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE EDGE OF VAIL VALLEY DRIVE NEXT TO GOLD PEAK PARKING LOT AT GROUND LEVEL. ~2 MANOR vAIL ~ONDOMINIUNI~ ~.~IIY.9 (:OI.O&BAYB~ ~, ~, ,- ~~~~~~~ ~~®~®S~~ THIS VIEW WAS TAKEN FROM THE DECK OF A THIRD FLOOR UNIT (G-3) IN THE ALL SEASON. o~ MANOR vAIL (:ONDOMINIUIVIS ~AIId,9 ~OLORAD~ t,,.. ~a~<< _ ,,A a EXISTINCI PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE SIDEWALK OF VAIL VALLEY DRIVE IN FRONT OF NORTH WOODS (PINGS DEL NORTE). 04 MANOR VAIL CONDOMINIUMS V~Yi.y COLORAI)~ _~~~• .. o~.°~ ~'~ %- ~~' ~~ ,.W- .~ ,~, ~ ~ + ,% ~ ~, • . ~ -' ~ ~ ~ ~, f . l n , ~ y a . ~ ,, ~ ~. ~~ ~ `'i f j t . e'' ~ e .. If Pf/n- ~ ~~~~ / } ` /_ ~ l.~ ( '~ Y .f '.~'• ~' , T ~~.. ~i~C~ ~ i~~ f~...~~~ ft F -sJ ~ ` . . ~ .~, ' t? . rt ~ ~ y mod. I ,o y ' ~ J i /y~ r .,, ~ ~~~ :.~~'~'""' m -yam '~ ; Y ~`, x ~' 4 ~ r.,~~ ..~~`"i ,.: ~ ~' ',.rr'i 1/~~I,J 1 JI~V 1'r r dot r Y f e i~ ~~'~ ~y d ~n r - _ ~ _ .. .. 1 1\®~®IJ L1I' THIS VIEW WAS TAKEN FROM THE SIDEWALK VAIL VALLEY DRIVE IN FRONT OF THE RAMSHORN PARKING LOT ENTRY. OS MANOR VAIL CONDOMINIUMS VAIIY,9 COLORADO ~~_ ~,o~~ f ,~ l~ ~~~~~~~~ ~~®P®S~~ THIS VIEW WAS TAKEN FROM THE EASTERN EXIT OF THE GOLD PEAK LODGE SURFACE PARKING LOT AND SKIER DROP OFF. 06 MANOR VAIL CONDOMINIUMS V~a~,, CoLO~wo ~~~ ~. ~~o~< f% , ri„ ~, ~„!~~ .~ EXIS'TIIVC~ I'I~®P®S~I~ THIS VIEW WAS TAKEN FROM A TOP FLOOR UNIT AT THE WREN LOOKING AT THE SKI MOUNTAIN (GOLD PEAK). ~7 MANOR VAIL CONDOMINIUMS `~.~%.9 COLORADO ,~~ ,,. ~c~~ -~`_V~vy r--- ~- _..~ '~'~ ~. . ,, ;: _ ~' ,s~:~ ,... - , °' ~'4"> 4: ~~ m, m~ <~ ~~,. . EXISTING PIZ®I'®SEI~ THIS VIEW WAS TAKEN FROM THE HILLSIDE AT FORD AMPHITHEATER LOOKING TOWARD THE SKI MOUNTAIN. o~ Al~T®12 vAIIJ ~®~TD®Ii~[ILT~VI~ ~_ ~ ~~ _~~ ..~~ "'~'~ `, ~ :: `.' r` ~~JLS A ~1V f ~,. ,. r -,--~- -~~~~ 't' ~'.~ c~~ :iTtD~ti7~ . . _~ y_re.__'_ ~_".w_. -r-,-~_.~ - ~. .. ....~.~ ~~... aG'4-, x Y=~%;I 1 b\®d ®S~JL/ ~. ~ y i1 3 J ~ ~'~ '~ . .. . ~ __ w~..__ J ~.. n _il THIS VIEW WAS TAKEN FROM THE EXISTING SURFACE PARKING LOT AT MANOR VAIL LOOKING AT THE CONNECTION BETWEEN BUILDINGS D&E. 09 MANOR VAIL CONDOMINIUIVI~ //I ~~abL' ~OLORAD~ o,`~~o~, ~~ ,.~4~_ ~~ ~~~ l~ ~ ~ANOIZ VAIL ~ONI)O ~A~IL9 ~~~,®1~~~ .,~ ~uo~.° ~~ c, ~~ EXISTING ..~ ~- . ,~''~ ... - _, ,- ' ,. .. '~ ..--- „e,:...._ ' '`~1~ .~ ;~~ ..~ ~ ~ i't ~C ~~~~ ~ ~ ~~,~ ~, . ~~ a M._ I" w THIS VIEW WAS TAKEN FROM THE DECK ON THE FIRST LEVEL OF THE GOLD PEAK LODGE LOOKING BACK AT THE GORE RANGE. ~ l~ ~N®lZ SAIL I~TDl~IIlVIUIVIS t,,. ~~ 4 ~~ ' ~Y Sam= ~ `~ ~; s I ~'T 7 S ~~,,~++ t ~ ~ .J ~ ~~ i l `4"1 d. ~. t4 ~ t K 1.~ iu~ r~~ '' _~ i ,, ~ ,y~1^~a~ ~~ .' ~~ ate, : ` .~-,~y.. y ~ i 7 y z.. _ _, r ~ - ~ ... ,. ., M„r ~.~.r~_ i .. ..-.. 4 s~ 3 _ ;„^ 1 ~ ,.' ,~~~~ . ; ~. ._ . _ _.~. ~. EXISTING „ ~ ~ ~ ~ ~ ~" v,. ~~~ ,, .. ., ~~~~ ~ - . ~. . ~, -~ ~:, , soh; ~,, .~ .., .... ~: ~,w.~ n. _. r w „~ L ., ~ ~" :. ._ 1F ~x ` el i -~ ~ - ~v rr i r. i ~ '~ .' . ~~" ~ _ _ _ ~~ ~. w `"~1 ~. . ~'"~r ~ ~, M , r ~ •' ~ ~~ _._._....~.. f tyi-~ 1 ,. _.. ...._ .w- 4 > ~S\®d ®IJ EJL.J THIS VIEW WAS TAKEN FROM THE EDGE OF EXISTING MAIN ENTRY TURNAROUND. ~~ N®IZ AIL ND®1VIINIUIVI ~A~IL9 (;®~®~D~ .,. y ~~ ~•lwy. r „ ,0~c.` N «" ~ I V ~ EXISTING PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE BUS STOP AT GOLD PEAK AT GROUND LEVEL. l~ AN® AIL NDMINIiT11~I ~A~IL9 ®~,~~~ 9 ~ ~~ e (~ \ ~~v I ~ ~~~ _. 4 i .' _, 7 ~. THIS VIEW WAS TAKEN FROM THE CORNER OF CHALET ROAD AND VAIL VALLEY DRIVE AT GROUND LEVEL. ~~ It SAIL ~ONDOMINI ~A~~IL9 ~I~,®DO S -.-~--~ rt~,J; q ~~~~~.~~ ~ off. a; .~ m ~~ ~~~~~~~~ ~~®~®~~~ THIS VIEW WAS TAKEN FROM THE TOP OF THE SOUTHWEST STAIRS OF THE EXISTING SURFACE PARKING LOT AT MANOR VAIL. l~ ~ ~IANOIZ VAIL CONDOMINIUMS ~Y~~,9 C~~,ox~~~ { ~~~~°f ~-- ~a~` ~~ ~, r a I~R~T~PB `IAdfL ~QNL~~1V7[dl~id~Jl~~ ~'d'~CT~~i~ ~ill~ I~Fol~~gZ lE~~'US]E.~D~Y d'~~I~i / ~3~NO~I.~'d'g~l~i 595 EASE' VASE VA~~,E~ ~~~VE tl L~Y~' ~® z- ~..:.., . ~,s,.. , _. ~,-..-. -< , . 9 ,. 6. a .. _ .,. - . ~, - ~ y s ~ _ ~ 1~~M~ t tl n~' f -' ~ t rJY' i ww~ ' y~'~b~ ~ ~y ~' .~ , rpf S r ~ - X `° _. < ' c~t dl 1]:i - ,~eP,. i f r . _ __ ._ ~«. fir _ !' _ ~ J) f ~'a'- - ~ ~~~~ ~p ~ .:M 'a . L ~ 19 ~~~~~IE1~ 2~~4 ~~~IU]E ~2- ~'~~IN ~®~JN~~1L ~N~I~[~~~~ SANTA BARBARA ~ Z E H R E N ~ A I L (8D5)963-6890 PAX(805)9fi3-81C2 ~ ANDASSOCIATES, INC. (97D)949-0257 FAX (970)949-1080 santabarbara ~ zehren,cn~~i v a i l~ z e h r e n c o m ARCHITECTURE - PLANNING ~ INTERIORS .• f ~- Attachment: B v INDEX OF DRAWINGS CVR COVER A1.20 FLOOR PLAN- LOWER LEVEL PARKING GARAGE A0.01 DRAWING INDEX A121 FLOOR PLAN-UPPER LEVEL PARKING GARAGE & BUILDNGS D, E,& F (ELEVATION 8113) A1.22 FLOOR PLAN- BUILDINGS D, E, & F (ELEVATION 8183) CIVIL. A1.23 FLOOR PLAN- BUILDINGS A & B (ELEVATION 8189) CI EXISTING DRAINAGE PLAN A1.24 FLOOR PLAN- BUILDINGS D, E, & F (ELEVATION 8193) C2 TOPOGRAPHICMAP- BUILDINGS A, B, & C (EXISTING SITE PLAN) AL25 FLOOR PLAN• BUILDINGS A, B, & C (ELEVATION 8200) C3 TOPOGRAPHICMAP- BUILDINGS D, E, & F (EXISTING SITE PLAN) A1.26 FLOOR PLAN-BUILDINGS D, E, & F (ELEVATION 8202) C4 DRAINAGE & GRADING PLAN (PROPOSED SITE PLAN) A L27 FLOOR PLAN- BUILDINGS A, B, & C (ELEVATION 8210) A L28 FLOOR PLAN-BUILDINGS D, E, & F (ELEVATION 8217) LANDSCAPE AL29 FLOOR PLAN-BUILDNGS A, B, & C (ELEVATION 6220) L ( MANOR VAIL LANDSCAPE PLAN A 1.30 FLOOR PLAN- BUILDINGS A, B, & C (ELEVATION 6235) L2 MILL CREEK [NffROVEMENT PLAN A 1.40 ROOF PLAN- BUILDINGS A, B, & C ARCHITECTURAL A1.41 ROOF PLAN- BUILDINGS A, B, & C A0.10 BUILDEVG HEIGHT CALCULATIONS- AB5OLUTEHEIGHTS/ INTERPOLATED CONTOURS A0.1 l BUILDING HEIGHT CALCULATIONS-BUILDING HEIGHTS! INTERPOLATED CONTOURS A2.01 EXTERIOR ELEVATIONS- BUILDINGS A & B A0.12 BUILDING HEIGHT CALCULATIONS- PROPOSED HEIGHT! PROPOSED CONTOURS A2.02 EXTERIOR ELEVATIONS- BULDING C AO.li BUILDING HEIGHT-PROPOSED ROOF HEIGHT A2.03 EXTERIOR ELEVATIONS- BUILDINGS D, E, & F A2.04 EXTERIOR ELEVATIONS- BUILDINGS D, E, & F A0.20 SITE PLAN A3.01 BUILDING SECTION AD 1.02 EXISTING BUILDING FLOOR PLAN- ELEVATION 8173 AD1.03 EXISTING BUII.DING FLOOR PLAN- ELEVATION 8 183 1 8189 AD1.04 EXISTNG BUILDING FLOOR PLAN- ELEVATION 8193 / 8200 AD1.0> EXISTING BUILDING FLOOR PLAN- ELEVATION 8202 / 8210 AD LO6 EXISTING BUILDING FLOOR PLAN- ELEVATION 8220 AD1.10 EXISTING BUILDING ROOF PLAN A1.01 FLOOR PLAN- LOWER LEVEL PARKING GARAGE 0 AL02 FLOOR PLAN-UPPER LEVEL PARKING GARAGE J ELEVATION 8173 A1.D3 FLOOR PLAN-ELEVATION 8183 / 8189 A1.04 FLOOR PLAN- ELEVATION 8193 ! 8200 A1.0~ FLOOR PLAN-ELEVATION 8202/8210 A1.06 FLOOR PLAN- ELEVATION 821718220 A1.07 FLOOR PLAN-ELEVATION 8235 AL10 ROOF PLAN ~~N®l~ ~A~IL ~,®l~~®l~[~l~~~JI~~ I~~AV~ING INDEX ~ 1,h~ ~~am Eavt Wesr Pvm rv Z E w R E n Vail, Colorado ~ off;, ; ~ ~~,~~ d ~ % ~1 /~'I,~a /~ / 1 ~ ~ ~ k ~_ ~.i_f, 5~/~ //+,~~'r ~ /, l ~ ~ i 1'~lp ~ 68 d / ~/ I l i / C _- / ~ ~ ;9t ~ // ~ I ~~ a8 /~y~' ° ~ ~~~ / 0-' / ~ ~ q h q -' ~. 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D ._ m 0 m 6 X C O _ amain Q7N ¢~'c3mwmLmm m lQ mY N ~, O m mU c= m ~ m rn T C m L N N m am Q a. w w w> u0 C~ oa J~~ R QY o >w~ 3 w w u g o OU'~ ZJy~ N aJ ~~ m s e W l~J1AN®]~VAIIL, ~;®N~®l~[l[1~I~11~[~ bill creek Im r®ve~nent flan '~ a"~~ ~ ~' i - ~ i Sheet No.: ' Vail, Colorado Revised 09106!04 ~ ,G~~ ' i' e.~ai e.~..", pE e R EK ~~ ~ .~ . ~ ~~ ~~~®~ ~~~~ ~®~~®~~~~~~~ BUILDING HEIGHT CALCULATIONS 1, .,, shy Na ~- "'~ ABSOLUTE HEIGHTS/ INTERPOLATED CONTOURS /pp Vail, Colorado t°= snu~ E:uiRci Puukn Z E N R EmN 6 ~On~O '~ j[~]~®~ ~~~~ ~~~~®~~~~~~~ BUILDING HEIGHT CALCULATI®NS '° °`~°~ ;,. ~~ BUILDING HEIGHT/ INTERPOLATED CONTOURS sn~ xa Vail, Colorado t•= ~~ e.w«..~P~~~,.rc Z E,H.R E~ ~~o~~ l~/il~~~~ ~~g~, c~~~~~~~~~u~~ U Vail, Colorado Vail, Colorado BUILDING HEIGHT CALCULATIONS PROPOSED HEIGHT/ PROPOSED CONTOURS ~•_ ~.~ ~nm s ~ ! ; Sheet Na L a ~~o~~ &u~RExi Pamen w E H R ESN ~~~®~ ~~~~ ~®~~®~~~~~~~ BUILDING HEIGHT CALCULATIONS .r,~ sn~~rra°~' PROPOSED ROOF HEIGHTS ~~ ~~ Vail Colorado ~•_ ~~ o / Euai R'ca PUmcn Z E H R E N ,\ ~ ~' ~ ~ ~ ~ , ~ ~~. ~~ ~ ~ ~ ~ '~~, ~~ 1 ~ 5~ d ~ \ ~ ` ~ o o \ \ ~ ~ II I ~ \ I ~ ~ ___ ~ l \ ~ ® II / \ \ \`\1 1\4 1 ~ ®® ~ \ ` ~ \ \ \~ `\ 1 ~ ` Q ~ 1 1 ~ ~ ~~ ~ ~ 3 d ~ 1~ ~J Y~ \ \ ~04 `1\1` 1 11 dp ~ ,~ R.,, ~ ~ ail ~ ~ \~` \\ 1 ~111tl 11 ~~~~ ~,q \ ~~ J 1 ~ 111 _ 1 ,~1~ ~~ ~ \ ~ \~ t ~~%'11 1 `111 lyl' ',~ ~, O hl ~ ~ ~~ ~~ `\ \\ 1 ~~ 1 111' \ 11 1111 i'~ \ 1 ~"'' ' 1 \ \\\\\\\\\\11111 11 ~ 1 1 I 11 $ ~/t \\ i 1 n ,-=~~ 111'~~ 11 11 ~~:y~ ~ 111 1 \ \` ~~i i n ,, 1~. 1 ''0s<~ ~ z` I 1 1 1 ~1 111 11 \~ \\ ~1 1 1 ~1 ~ \ \\ \\ 1 \ 1 ,~ 1 1 ~ ~~„ O 11 1~ r 1 [ ~ I ~ ° ~ \\ 11 1 11 1 , I\ ~ mr\ ~ 11 1 8 11 ~I 11 L ~'' 1 1 ~ ~ 111 __~ 1 ® \\ i n ~,; , ' ~ ~ ~ ~ ~~ ~ n ~ 1 \ i n 1 1,. ~-1 a 1- ~ ~~ . ,1 1 1. 11 ~- ~ ,, 1 ~. , ~ .. ~_ 1 , ~~, ~ .1 , / 11 -IY ~ 1 ~Wo 1` ~ ~ 1 ~ ~ 11 Q,L,. ~~~ i 1 ~ ~ 1 ~ ~ 1 N~ e~ 1 1 ~~~ \ ~\ I _ ~n. 1 ~ ,I \ \\~ ~I ~, ~ I ® 0~® 11 11 \ 1 ® ~~ \ \\ I \~~~ ~ I 1 ~, ~ \ `. 1,,,1 ~`N i 1 ~~ ° ~, 1 _ ,y ~ \Q 1 - --- , t ' ~ '~, ~~ ( __ ,.1 -; ~ _ ~H 111 ya Y+ \~~ 1 I 1 1 - ~ ' s ~nau epOL \ ~~~ ~\ D Y, ~~ FJ ~gd \ \` ~ ~~ a ~`~ V ~`, ~1 '~~~~ ~' jL ~~~, ~ ~ ~ ~~ ~ ~ ~::' ! ` ~ o mar ® \ ~ r) \ ~~ ` ~ < ~~ ~ ql ~. :~ cat?~~~~\ Y ~ ` nr +u~ T `\`\ ~~ \ a ,' - ~o _r_~>~. -- m .~ -- ~ w05~u8Nm A R. a ~ rE _ H~IpW4M" ~~M1ORATiZQ'~ f ~~I~®~ ~Y~~IL ~®I~~®I~~I~~~I~~ - _ _ S TE PLACTtJRAL ,, ,,,, ~ sh~~~n~ ~"~ `' N Y all, Colorado ~~° ~~ E.ul tPesl PannsrR Z E H R E N ~~o~o ~ ~ ~ ~ ~ ~ R ~RFEK \ ` ~~ \ -'~ ~ \ r-~-'------z ----------- ,~~_ \ `~ \\ `~ w ---- ~ I1'~~ --------------- --------------- ~rJI `\ '~I I~ ~~ ~~ ~' o ~ .`° ~ ~ ~ ~ 1 I11 I ~I gy"p" .._ '•O' v "Q~ \ \ \ -\ 1 `11 I f \ \ \ \ ~~ \ ~, f ~ ~~ 1 \ I''' I I ~ \ \ \ \ ` \ I~ ~ \ I \\ \ ~ p \_ \ i~ i ~ AIL ~N ~,.,o vV ~ \~~ 1 I i \?\ ~ i \~t. ~ \ .~ I \ , ~1 ~` ~~ \ f '~~~ ~ ~ ~ 19A ~ \ ~ ,~~,~ \\ ~s~ ~1 a.. ~ ~. ~~ ~ a~ ` ~ \ ~~ ~ I ~ I, \\4 (~ \\ \\ 1 1 I1~ I \~n \ \ ~ \ ry ~ 1 ~ I 8~ pIN~ ~ \ ~ \ 11 1 ~~ \ \ ~ 1 1 ~ ~~ ~~v ~~ ~ti ~ A A \`\ a~~~i ~~ ~ ~ \~ ~. ~ A..\ e ~ ~~ 1 \ 1'!I '?. ~ y \ \ \ I ~ / ~ ~ / ~ v'V A I „ ,~ i ~ \ \ ~ 11 it ~ i ~ i, \~^. 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, ~ y ~ \ II ,\ ~\ ~I ~~~ ~ I' r 1 1 , / ~~ \ 1 ~ \ I\ I I ~ . ~ I III ~ 1 1 ~~ - l ~~,---- , ~ Pf5r5 ~ ~ w~ F ~>~ ~ , , ~ / ;' / 1 I ~ , , ,~. \`'~ \ ~(~ ~. ~ , ~ ~ ~~ ~ `~,- - 11 %NCj X ~ I ~ r~ I I \ ~~ ' ,~ ~ { ~ ~ ~ ~~ ~\ oe ~~ ~' I I I 1 I a %1 -- ~~,„. ~, .4t ,\ ~ ~ ~ l \ I fax " III o I 1 ~.u _ - ` ` .. ~ I `\/`~ \ \ \ \a~ `\ ~ ~ ~ r~~ ~ ~~ty °+,~ ~ i i - 1 I ~ I 11 `>a,Z,2e4 C ~ ~ `. ~ ~ ~ ~` 1 1 ~ 1 1 I I \ ~ \ ~~ ~ \ °~\ ~ ~` \ ~~ \ \ \ ~ ~ \ . \ \ ,\ \ \ \ \ \'\ \\ ` .~ _, ~ '~ \ ,, ~\ i\ ~ ~ 3 ~ IntWV~i ~r.~ \ \ - f~ I _ ~ Py ~\tc ---` `\ ` ~ _ ~ rv ry - - ' ~ - - - - '`- ` ____~r__ \ .~ r ~J '~ ________-~___~ t. - \ \ \ _ f _ - - _ -- - ~' ~, ~T AA AT A ~ ~T ~ T ~1~ ®~ ~Ag1l.+ ~®1~ ~®ld~~l~ ~ `U ~~ Vail Colorado FLOOR PLAN UPPER LEVEL PARKIlVG GARAGE /ELEVATION 6173 r= ~~• t~ ~ ~.s,~•,I~ul•~I ~~ ~`J Z E r«~ S~ Na 4m ~~ o~ , , , , L'~ N~,,. ~~: ~~ ~~ ~''~ M ,\ .\ .\ \ \ \ ~`\ \'~, ~ ~ \~ '~ ----- \ ~~ __ __ _- ;~ ~ ~'\ \\ . ~~ ~,\ ')~ `~~ ~~ _~ \rJ `\ ~ ~ r _____- ~ ` J \ .- Vail, Colorado FLOOR PLAN ELEVATION 8183 / 8189 ~_ ~~ ,,. m 00®q m ~ ~ i Sheet Na ^\ ~ ,--~_ -- ~~ , ~ , 1 ~, '`. ~.~,. -- -- 1 ~ ~~ ~ ~ \ ~ ~ nnuam~. I ~ 1 ~ ~ ~ ~ I ~ 1 ~~ ~ ~ '\ f r \ 1 >< 1 ~', °~ ~` ~ ~'_ l :„ ~ f l ~ 1 /' ~ 1 1 ~ ~,~ ~ 1 0 ' t- 1 1 S`f, \ \ 11~ 11 11 ~ ,~ Z 111 ~ 1 - '~' 11 1 ~ ~ ~~. 11 ~ ~ 111 ~ ~ 1 Z ~ ~ ,. ~ \ /6 11 m~ ' t 1 ri 555,,, ~ ~ \~ 1 1 ~~. ~~ A ' !mil I ~ 111 f~ 1 ~ 1~ 1 q\\C[Q,LTLLW. ~~ ~ 1 1 ~ ~% ~+ ~ \ ~ ~ ~ ..._.,~~ 1 tl4 1~ I 1 ~~ `~y\ 11 '~ ~ V ~ 1 W ~ ~ IIIYYY ~ ( ~ A 1 ~ ~~i ~1 i ~ t 1 ~N ~1 ~i~ 1 11 ~" ~ /1 ~ \\ ~~ i 11 1 \ u^ ~ .~ \ \\I` 1 X11 ~~1 '; 8 1 111 ~1\: (I ~~ L A l \\ \ 1 111 ~ ~ ~... .~ \ 1 ~ ~ ~ ~' ,~ 1 1 u ~A~ - =~" ~i In 1 I ~ 111 ° "i /' ~ \ `\\' 1 1 1 nl / 11 11 \ \`\\ i VI i n Il 1 ~ 11 1 i n 1 1 4 1 / 1 I 11 ~~1 11 ~ `~ \ `\ 11 \\ / 1 ~< ~ ~ ~~ / ~ ~ / I \\~ `\ i .r1 i 11 ® B®® ~ ~, ! ~ ~ 1 y ~ i1 ® ~ h ~ ~' ~ A I ~ ® u ~ ~., 1 ~~ / GP 1 ~ 1 ~~~`~ / 1 1, ~' `~ L '~ \1 .1~ \ ~ an~~ .~ ~I ter, ~ ¢~. ~ , v ~~~`, n~~ ~ a ~~ \ \ ~ ~ S n __ _ ___ _____ ~ a'ty ______ _____ _ ~ r n s - r -.~ " - a a r ~ > ~ ti ~ P °' ~ ~~ a i w a r~ n - ~ ,~ ~- ~ ~~ _~, ~~ e' '~~ _~__ ,\ _~ .~ .~ .~ V~~ _~- ~~ ~~~®~ ~~~~ ~'®~~®~~~~~~~ FLOOR PLAN i SheetNa: ~,m ELEVATION 8193 / 8200 ~1I o~~ Vail, Colorado 1°= ~.~ E:,.1~«~~.<<~,t = E,H.R E,: Y ~1 ~ ~' ~\ ~ ~ 1, --, 7 -~ ~ ~~ ~' ~ _ ~,~~. .~~ '' ~. \ ~111~ I ~~ I I ~~ ~ t ~ t U, ~ ~ ~ ~~,~~~ ~ ~ ~ ~wmcvno I ~ ~ , ~~ ~ ~~ '~ ~ ~'1 ~ I I i -- ~ ~ ` s'r ~',, ~ ~~ I ~ ~ ~ / ~ 1 A ~r, '1 A ~ ILL ~ ~ ~ 11 i ~' ~; ~~?: II 11 11 1 ~« I ~ \ qq~~1111 1 1 \ { 1~ G111111~ 1111 `~~~ ~ ~ , ..~11 \ \ 11 ~ 1 1 \ 11 l 0 1 \ 1 1µI ~ ` 11 ` 1~ 11` ~ ~ 1`\I~ 111 11 I~Y~!". ~ ~. 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Sheet Na ~~ ELEVATION 8202 / 8210 Vail, Colorado ,~~ z~~ &w1helPxaa Zo ,~ a E,N ~~,~~ 1 ~ i ~ -- - --, \ 1 , ~~~ T-~ -- --- ------------, ~ 1 r- ~ -_- ~11 ~ ~ ~`,I ~~~ ~~ vvvv 1 II ~ vvv ~ 1I ~ 11 - ~~ `_~ ~.i ~ ~ 'I j ~ ® vvv '~ I p yr i 1 1 ~ _ ~ \ I II~ I~ Ste' 1 \ 1 ~ ~~ \ \ \ \I\1 1q I ~ \ \ 11 ~~ I 1 1 IIII ~Ppe ~ ~ \ \\ 4 \Y 'n1011't1 1 W`\~ \ `' 1~ ~ III G~ II ~ \t11~ ~ ~ ~ \\Q~ ~\ II~ li 14 ~ ~1 \ ~f 1\ ~ - "`~~~lll q~ '~~ v~ I 1 I 1 I~ I 1 p ~ ~ \ \ 1 I v I I 1~ I 1 I I ~ \ III 1 ' ~~ \\\ \ \ \\\ `II I l ~ 11 1 1 I 1 y'p 1 1 I 1 \ \ 1 II 1 ~I1 \ \\\ IAA ..,nq0 1 11 \\ 1 Yin' - ~ \\\\ \ \\\\\ _I 1 3 , ~ ~ \ 11 ~1 ~ - ~ I / \ ~ \ \\ 1l II ~ 1 \~ \ 1 1 ~I ~- ~11 ~1 AV A\ \ ~ I xl o I / , \ ,\ ,. ~ / - ~ , \, ,. ((// , .. --I I gI 11 m~~~ / / / ('' I \ 1 ~~ ~ 1-T-- ~ ~ I ~„m,~i"~ 11~, } 2 ~ ~ ~ / 1 ~ I 1' ~ I 1 I 1 I l I { 11 Ilf 1 I I rlI{,' I 1 1 1 I 1 1 1 II 1 I I 1 I ,~„~~ I I I I 1, 1 1 1 1 ~\ ., \~ ~~~____ \ '- -- -- .~Nr I. (.~ r'6~ ~ j . `. I _ ~ ~~ ~~~~ l~ ~.. O ~ ~~ ~~ ____ .~,t' ;' ~ ~ ry~ ~~^? \ ` ~ s* /I, ~~~( 'mil \.` ` y', ~ \ c ~ .~~,. ~ ~~„ %i I ~ "~ •\ ,\ \ \ \~~ \ \ \\\ \\ ~ \ C` \ \`\ \\\ `\ `\ `~/ 1 '`~.: __` - ~~~ \__---- ~ _ . ---- ~ ~~~ ~__~ _~~~ Vail, Colorado FLOOR PLAN ELEVATION 8217 / 8220 ,~_ z~~ a`: to®b al i ' sheet Na BvItC<el Pvmarv 1 E~~H R E N d L~oO'V ~ N~3~N N~31 avire~isop~isx3 "~~ °u~ Q c~0 O / IG LO ~~ s£Z8 NOII,HA~'I~ p I J i. 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I ~ / I ~ i I ~ ~ \ - - ~ I I I ( ) I ) ( I ) ( I ) ( ~~ i i ( ~ i ( 1 I ~ 1 ~1 11 `1 1 ~,/~ ~ SETBACK (64 GSF) -„ - ,a ~ (M DECKS CANTB.EVERED \ ~ ~ OVER PROPERTY LEVE (34 GSF) \\ 1 \ (Pl) BUDDING \ '~'A~ -~, ~"~ ~~ AREA OVER %/^~f `~ SETBACK (68 GSF) :;, }yA... ~ 1 ' IOJ~/ (E) DECK OVER SETBACK \ ra \ ~ ~ \ \~ (1467 GSF TOTAI, FOR \ BUDDING C) ~ ~ 1 (E) BUDDING AREA ``PP~G~ ~ A,,o ~ OVER SETBACK N~ ~ ' ~ (3,2lSGSF; 7,084 GRFA 1 TOTAL FOR BUDDING C) ~" _ -,. ~~ 1 ~ BUB.DING ' '~~ AREA OVER ~`~~ SETBACK (260 GSF) w.o .-AR -4 V " ~\ ~~.~ M) DECK OVER .=aa,A ` ` ~ SETBACK (35 GSF) unArt \ ``\`\ UIi.DINGC ~ .~ ..~ a '-- '~, __ - ~ o _ NI . ~ ~ _ BUDDING C• CONTINUED /~ ~\ ~ i~+ -___ _____ A ~~ ,~'i' ) BUQ.DAIG AREA OVER FRO- ~_ ~q ~. ~ SETBACK (l86 GSF;179 GRFA) (E) DECK OVER ETBACK (16 GSF) \::4 1 11 11 111- 1 1 1 t 1 1 1 111 w ~ ""'° Ali ~ a~ 1 1 wu \ W..~.Wi ~wcm+' 11 11 ~(~aemm9 1 .~~ooormwn 1 1 1 ~ acn Fmnnu 1 1 areaot v+¢ 1 ` _mxytoororu 1 1 seer 1 ` Cxf' ~ . ~~o¢Tn~roT'n ` C{ti 1 l 1 nuuu 1 ~ ~ ~ 1 ~ mwmrmo.v. 1 1 1 1 1 1 1 ~ ~rumu namtoanul~ 1 1 ~ 1 1 ~ro2ranuaumr 1 ~cWmmma nam+o van¢cr 1 am~omm~a 1 l 1 1 1 1 1 111 1 1 1111 A 11 1 1 1 1 1 f 11 1 1 1 1 11 1 ~ 1 ~ 1 1 1 1 1 11 1 1 (E) DECK OVER 1\ .m. 1 ~ SETBACK (fiB GSF) 1 '1 11 a 11 1 1 (L) BUE.DING AREA 111 1 OVER SETBACK 1 1 11 (11l GSF; 99 GRFA) 11 . ~m_ 11 1 O°'g ~ ~ 1\ 11 1 A_~, (N)BUILDINGAREA ~ 11 1 ~ OVER SETBACK (269 GSF) ` (t~ DECK OVER , 11 .A.~, ", ~.~ SETBACK (28 GSF) 11 u ~A~,,,qn ~ A' '~., 1 (E)DECKOVER ~ ~ 111 SETBACK ~ (1467 GSF TOTAL FOR 1 BUDDING C) ~ 1 0 1\ (E) BUDDING \ `I '~} 1 AREA OVER ~` ~° SETBACK (3,218GSF,'A ~ 3,084 GRFA TOTAL ~\ '° ,,,. FOR BUDDING C) \ a~ \ 1 ~ v ~w~n ~ A ~° Dam \\ t ' \ BUDDINGC ~' 4 1 imwn n ,5 lA „ ~~A•~OA Aw~.An ., „ \ `~~ ono h ., \~~ . ~ ,rAR o~ o~ Nh _ ,ni h 'G ROp\C~ 4G .~ A~ r \ ~~ \ ` \ \ ~ e ~~ i I ~ gar I ~ SOUTH EDGE OF EXISTING INGRESS EASE~NT J I I I I I I I 1 I 1'!• (E) BUB.DAIG AREA OVER SETBACK Iii (440 GSF; 342 GRFA) I I (E) DECK OVER SETBACK i (24 GSF) I 1 I I iy 0~~ ro600M 0 ew~ae - ~u~ a ~A BI~ ! e~®1 r an r r mama - '.~ momi mvm~ avomi mar<+ Ammi ~r .d i~grr ~reawn ~.wgrt iwmrt ~wmn i~uArt iHawrt imwrr ~n.+o . ~ u.o,o am. o~ ~,waa f BUB.DING A FLOOR PLAN- BUILDINGS A, B, & C ELEVATION 8210 3/32"=1'-0" Vail, Colorado r 'f~ BUILDING B o-: R1®bnl t sn~l N0. Eui 1l'e,ai Pannen Zp ~R.E~ 6 ~~u~tl i ~ m) z JI Y N O ~, ~/ III ~I ~I ~~ ~I ~, I I I I I II I / ~~ ~I ~1 ~~ C ~ U ~ ~I I `I ~ I I ~y I e O ~C ~ ~C ~ ~~ i~ m~ i~ F ICI ~ j~ °IJ ~~ I I ~ I '~ I p I ~ i I ~ 1i al i O SU l of ~R'pINAG~ ~ A EMEN ii i~ ~ ~ ra of ii ~ i I it ~J ~ ~ I it 1 I j ICI ~ ,~~, J I~ l' ~ ~r~ I /~ / ,o,_o~ ser~ / ~/~ ~,, ~/ ~ ' ~ ~~ , \ ~ \ ~ \ ~ \ ... .~ s~mv~.onWn ~A.Y ~Pmui~mr.~mwn uvu.v.uer ~~~ ..w~.G S..as rmsueii rmiipmo ms.`im~iwnwar 1 9 1, ```` 1 \` ` l \ 1 1 l t \ 1 \~ ~ ~ \ EA `~ CK ` ~ ~A" ~ )~ 1 \ 1 I NG !R ~ (171 GS~ i I i i i 3UILDING ~~ A OVER ~ 3ACK(25 GSF;~ ~~w FA> ~~ n ~~ DECK AREA \ i1 T• OVERSETBACK ~~p ;l6 GSF) \ ~~ i0 \ ~O i rh ~ a p In 1 p \ ~, ~i \9P ~i x a~ t f~ \000 1~i A f \_~ V t ~ ~, ~ `, 1 ~, ~ ~, ~, ~, \ ~, ,, ~ '~ _,, _ _ \ , ,, ,, ~~~®~ ~~~~ ~®~~®~~~~~~~ FLOOR PLAN- BUILDINGS D, E, ~ F ,~ ~, °°~'°' ELEVATION 8217 Vail, Colorado 3/32"_,r~ ea:~w~.~ry~ mE„a R,E~ ~~,,~~ r r~ \ ~~c _ crv a rnrco ~ i I I I I J _ SOUTH EDGE OF EMSTING INGRESS EASEPoBiN1' r i ( i (~ I' (~ ( ~ I I I I I I ( ) i i I ) I ( I I w ~I -rr ~lE) AOOF OVER SETBACK (506 GSF) i i i i ( i i ( ~ 1 1 i 1 1~ BUII.DING A I L_ i i i i i oss i i i i i i ~ i ~, i i 11 i i ii 0 a :~ BUILDINGB i 1 1 1 1 1 1 t ---- `--~ ~ t ~,, 1 , , , ~ , ,, , 1 1 1 1 1 1~~ S 0 iv f l 1 1 1 1 ~1 1 i 1 ~ , 31 ` n 1 1 1 ~ 1 .? ~' 'e . __ o~ ~ \ o . ~~'a 1 1 1 1. 1 1 ~ 1 1 ~~ ,~ , ~ 1 1 ` 1 1 1 l 1 1 ~ F 1 1`~~ 1 ` 1 (I~ DECK OVER ~ ~ ~ ~ SETBACK (81 GSF) ~`;~ (1~ BUB,DING AREA1 ~~ OVER SETBACK 11 ` (l60 GSF; 121 CRFA) `~ 1 , i` 1 i ` 1 1 `~ (I~BUE.DING AREA ` ` OVER SETBACK (269 GSF) ` (N) DECK OVER , ~~ ,; `~ SETBACK (28 GSF) ~\ ` ~ ~ (E) DECK OVER ` SETBACK ~ ~~ .,,~~ A (14fi7 GSF TOTAL POR ' \~ BUII.DING CJ ~ ` \\ ~ \ OVER SETBACK \ _ (3,21 BGSF; 3,084 GRFA\ ~X\` TOTAL FOR \ ~ BUILDING C) amACw 0831965 ~ ~ \ `\ r \\ \ \ ~. "'~ t. , BUII.DING C \ U o ~~ N ~ ~ 1=-{ h ROp@R~,L ` ~E 0 BEl965 ~ a~ ~ T FLOOR PLAN- BUILDINGS A, B, ~ C ;~ :n ~' ~~°`~ °~' ~~®~ V~~~ ~®~~~~~~~~J~1[~ ELEVATI®N iI220 Vail, Colorado ,,,~_,,~ Eox 6'evi PorzMn z E H R E N ~~o~~ ~~ ~ ~~ \\ ` :,\\ ~~ e~ ~ .. \ fn I~ i i i i i J _ SOUTH EDGE Of EJ(ISTMG INGRESS EASEMENT F- - - - - i - I I l' ~. (~ I' (~ ~~ I~ ( ( I i BUILDING A i i i i i i I ', s ~ ', i 1 ~, BUILDMG B ~ ~ ~ \ ~ ~~a~ ~ ~ ~~.~. ~ 1 ) ~ F~a ~ ~ - - - -~- ~ ~ s[m¢r ~ 1 ~ n,n,~~~,o~. ~,~ „,m,~ ffB,a ~__.: Q, ', ,. ,, ~a~~~, ~~no~~ ~~ .u:~.A~~~E~~~~~ ' ~, F a , ~~., 1 ,~ ~ ~,, -~ -~. ,, ~, 1~ ~, 1 ', ~ (IJ) ROOF AREA OVER 1 ~~ ~~ SETBACK (176 GSF) ~~ ~ ~ ~ ~ 1 '~ '~ ~ p~ BUILDING AREA 1 ' OVER SETBACK (2I9 ' ~ GSF) 1 ' ~ "rt ,~ '~. ~~V (N)DECKAREAOVE~ ' SETBACK \ ~ ' ~?~ (IiiO GSF TOTAL FOR ~ ~ BUILDING C) ~ ~~ \,t `i 'a ~RRACE i \~~\ \ \ '~ ~\ Q~BUILDMG ARE\ \~ OVER SETBACK (1296\ \, '~~ ~ GSF; 2972 GRfA TDiAL ~~ `, \ FOR BUILDMG C) \ D ~~ ~1,~ L~ , , ~°~ \ BUQ.DMG C ,-,~ Ld 0 ~ m `` y 20p\L~f ~'' v v~~R OA ' -y \F'P ~~~ \r~ ~~ \\~~/ "1/h\ /~ \> ~ l ~~~~ ~A ~/ D uvrt /~~ ~ ' o ~~% i// \\ Nti'~\~ wi C ([~ ~\1//y(p~ Ip~ ,\ry\ FL®OR PLAN- BUILDINGS A, B, & C ~ ~--.. °" ~°'°m ~" L Y~®~ V d 11~~ ~®~~®~~~~L~~I.Y i.. 4 Shcet Na: \\~_~~////// ELEVATI®N 8235 ~~o~~ Vail, Colorado 3i3r- t,~ E~,,~~.,~umr.. Z E~H R E N 1 i 1 I 1 I J i ~ ~ i i i i i i i I i I ---- ~ ---fir 1 I I I I 1 L f ' z _'r_ _____ ~ I I ~ I ~ I I ~ I ~ I L_~r____~_____ i i i it I I I 1 I I I 1 111 1 1, SGUTB EDGE OF EXI5fEVG AIGRESS EASEN¢NT _ _ _ - i --- i i i i --~-----,:~-----~------v ------C-----~-----C--- BUE,DING A BUE.DING B ' 1 1 \ 1 1 1 .m~i.,mowowcv 1 1 1 ` l ~R ~co0ova 1 1 ~~ 1 1 1 1 ~ 1 ~Ipq~oaxn~roO~V. --~ - -1- ~ 11 1 li .~awn~wa ~ 1. 1 1 i ~ 11 1 11 .¢ry'poxwu ~ 1 1 i ~ 1 i_ ~ ~ ~ 1 11 1 ' i 1 `. 1 1 ~1 ,..~,,.®~ i ' 11 ` ~~ >~„~ame '~~ I ~ v 11 , 1 F ~~ 111 1 9 1 11~ ~~ 1 1 ~ 1 1 1 1 _ _ x ~l ~ 1 1 1 ~'! ~\> 1 1 1 1 1 ` 1 1 1 1 1 \ ~ 1 1 ~ 1 1 1 1 11 1 1 1 1 \ 1 1 1\ 1 1 1 , \ 1 1 \I 1 ~ 1 1 It ~1 ` 1 ~~ 1 c\ 1 1 j 1 1 ~ 1 i~". 11 ~ (M ROOF AREA GVER 11 SETBACK (215 GSF) ~ 11 1 1 1 1 1 '~ 1 1 1 11 11 ~,' 11 1i 1 l /1 ~ 1 1 \ \ 1 . 1 ~~, 1 ~ 1 ((TTSS~~~~ ~ ~ ~ . ~~ ~~ :;A ~ Ill 1 ~ ', (M ROOF AREA OVER \ c ~SEFBACK(3210GSF \ TOTAL FOR BUII,DING C) \ BUB.DINGC \ \\ A t \~,p ~~\ \~~ ~ ~~ ~ _ 1`~ 9Q fp F' h `` ROpRR ~LA'@ ~0~ ~ r~% _~ ., Vail, Colorado P®®F PILANm ~~JII~I~INGS A, F, ~ ~ 3/32"= 1'4 r ---_ ~.: yam ,, saP~ Na ::} E+.n R'eei Partner Z E N,q.E,.N A~o d~ ~~ ~~ u( z ~~ } I O ~ I, i i I I I, ~r~(~ i r~ i ~~ ~~ ~ ~~ ~~~ a~ ~, ~, mi F I ¢zi ~i: ~ ~ r. L ~c 1 i i i ~ ~ i i ~ i ~ 1~ I' ~ i ~~ ~~ ~~' CI 1 O ~ 5~ Q~r I I {~t~(tE~AG ~ EA EME~~''i ~~ ~ ~yc Y ~,~ ,~ 1 ~ ,~ I ~ ~~Ii~ I ~ ~~ ~ ~~ ~ I~ ,~ /' / ~ I ~ ~ j / /, r zo,o.,~ SETBAC ~ ~~ ~ ~/ ~ ' i ;~ ,\ ,\ .\ =~ ~nKR ,~oo~, ,~.~,o.,«ro~s,~E~, j 1 B \`\\ '~, R ~ GSP) ~~ ~ 50.0" i ~ ~ i I (]~ ROOF OVER i i SETBACK (32 GSF) ~ I i i 1 IN 1 \ ~H i A ~,Y 1 in ,x ~~ \ 'o ~~3 ~n \ ~o 11~ ~°~ ~,~ ao T ',m ~n a ~ ~°oa '~ 1l• \~ ~i ~ '~~ 1 , ~ , ~~ ~, , 1 ~ ~, ,, ~ , _~ _, _ \ , ~ p ~: ~a_ ~~®~ V~~~ ~®~~®~JI~~~~I~~ ROOF PLAN- BUILDINGS D, E, & F i~ S,~ N°• Z Vail, Colorado 3r3r=,-.~ E.,,an,~u,~e ~ t~~.a~~ Zp H R E N ~ x ~BLDGBPROPOSFDII5YATION b BLDG AIB PROPOSPDELEVATION f.0. ROA- 9UC B Vail, Colorado ~X'~'ERIOR ~L~VA'~'ION~- ~U~LDgNG A & ~ 3/32"=1'-0" ~..:- Dry comanr 9~ '~„ S®hat'j/N~ya B~w Wesr Pvuun 2E. bR.E~N d yC10~~i IFTIYID-GA._......_ ..,.... _.... ...._..... .. ... n o, M . n ~,~,,.v, n ~.,,,,u BLDG A/B PROPOSED ELEVATION 12 ~BIDG AFB PROPOSED ELEVATION ~. r~. 4 3 Et000NEwELEVnnox a_ _._ _..___. ___ _....._. __.__. _. ._ ~9 n BLOC c Exlsrwc ELEVnnox I IBLDGCNEW ELEVATION ~~ fv.£; ~: acm 4tr 3/32"=1'-0' e.,~v~,~e,~, ne n a E~ ~a~~ Vail, Colorado ., . q eLOCCxEwELEVnnox TO ROOF BLDGF ~ 6211 1 + ~ roeoor. . pp yy __ y L EL_ i _ L ; ~ I _ ~ _ _ .. , _ _ '~~' ~ ~ ~~ I _ ~ ~ ~ i _.._ .. ~ }- ..... - y a u t . _ y _ , -, . :I t ~~ ~ ~~ ~ LfYELi BLDGF ~_ _ , . _ _. II + e . ievuse~oe~ ; LEVEL4BLDGF ~AI97.Bt v ~ _ >,~ . ., .. _ . t[v¢ tDCU V` LEY L7 BLOC ~'~`~ ~ iE "' !~ ~ ~ I i` ~I € ' i ~ ~~ ~~ ~~ ~ ~ it (u i ~ ~ E ~ ~~ I I - P_ ~ E ,,,} 1167.51 __._ ..:~.. E~~r..e ~ ..... : .._.,~.c ~. ..i.~.w .~~., ._ ..a ,. _,. . . ~-: .a.i _ ....... , .. P ....,. rs..~ s~¢~:4...~.~.._.~_~;s. _. .A. L.. ~. x ~. _ ~. _,._ ..... ,..u ~ , ., . s. 4 - .w.. ..._._, .... tsw.xn ~ ~a ~ LEVEL 3. BLDGF X617361 ''.;7 t t,:,.t,.," ..!F~!!A• :'.F r.: .: ,~ r ....: ~^.~ - ~ .,t ,' € \.:,., ~ ICI tEwEiaazw i ~, 14 I BLDG DIFJF fXISIMG ELEVATON y~ d BUILDING F I' rv. - ~ - .:. : 1 2_ s i BUILDING D I~'~ BUILDING E 13 €BLDG D/FiFNEW ELEVATION I ~ IBLDG DIF/F E%ISTING ELEVATION BUB,DBJG E 17 IBLOG D/E7F NEW ELEVA710N BU]LDMG D BUB.DMG F or. mz~na f v. - ~~®~ ~~~~ ®~~~~~~~~~1 ~ EX~'FRI®R FI.FVATI®1VS- ~UIIJDINGS D, F, ~ F , ..~ Na : Vail, Colorado 3~~=''~ ~~R~~ Ew 6n~Pemim ZeE ~k E N a° 13 I BLDG P IXISTING ELEVATION 14 BLDG FExI5fING ELEVATION ~~: ~~~ --~s~ AN~~ ~~~IL ~®l~~®l~[~~~N~f~ EX'~ER~O~ E~,~VA~I®1VS- ~UI~,DIN~S D, ~, ~ ~ ~ ~ =,~~-, ~.~ Vail Colorado 3~''''~' ~ {(~ /[~I~ ~ F.xw V'he~M1+mrt~a :E X,R ESN 6 ~1~0~ ~L I I I BLDG F NEW ELEVATION 2 BLDG D NEW ELEVATION 4 -14 r u BEYOND u-..m iaarn.,rt STo NEW NEW FOURTH FLOOR UNIT GOLOPEF VIE" a ! EXISTING -I I ! I ~ r um ~ msAmn ~ „wn - ni.nor r x , E co- I lw k i - GORE CREEK - r. FED • -14 „ EEYOND lit -6k I'IDN'CIIROUGII OUILDINGP _ ! s,orrx ML e im iw NEW FOURTH FLOOR IMR M f,, - @Il w s 0 iFh4~ ~ ! - - ~a a Via ,Rwl~- Din- I1011GII BUILDING [ MANOR VAIL a.~ ao®4m r 6 Slleet Na CONDOMINIUMS BUILDING SECTIONS r Vail, Colorado va"''"(r Ear, W<si Pumerv Z E w R E N ~- ..~ - „- 3~ .. . m .. , ~ ~ ~~~1L® ~L-f11i~ ~®1`~~~1~'11~1`~~~tJ~~ 9 ~tU1ID~11~L, ~~~~~~~ ~~ ~I1l~Il~~~~ Z E H R E N ~ ~ ~. 4as~Wesc Yanncrs .vo ~s o:. ~cs,.n Wet Meadow Mix -for wet areas that are not true wetlands Meadow Foxtail 25% Reed Canary 25% Fowl Bluegrass 25% Tufted Hairgrass 25% Approx. 100 lbs. per acre r-- Add native wetland plantings along top of banks. Refer to' Landscape Plan. ,~ U ~ 0 8N/l~'~/ ~1.i I g o ~ ~, TYPICAL MILL CREEK SECTION -_ mro ~~ , ~, ' t\ ~>a ..,.., _ B ~......~ ~~ ~ ~ i ~:m ~ : ~ C oq , ~, '1''ll {~~~~ ~ i ply, g~ I~; ~ ~\ 9 .~~ ~ , -~ ~ .` ~ ~ a h' I. Add boulders (24" dia ® l min) in areas where slope cut back to 2:1. Where bank is eroded, cut to ~ ;~ reduce slope to 2 horiz: 1 vert _ Add topsoil, meadow mix seed, geotextile fabric to „~ encourage natural revegetation and erosion w ~ control ~ ~ Q P w Z W 7 ~ W -111=1II~ I II ~ ~ II ~I~ 111 ~ 1~ ~ ~ t ~ Ii~Tli--_1~~1L=Il~l~l~ ~ ~~~~li~~lI1=1I(~I~II~Ii'- °' LI-I l r- a ~ g°~ I `. _~~ Y t W E~m-~ W ~I U a J J ~ ti R a `t ~ ~~ I ~~ 'b ~~~`b / ~ ~;, `5\` ~ . a~ ~ /' ~ ~li'I \ ~ ~ l/ ~ `~ .~ r1 _ ,r .q~ GpRe CRFeK ,./ \~~ ;~ ~ ~ ~~,, i~ ~ ~ goo z~ ~~ iPft d A ° I ~.' R f ~/ Jr ~~'~ ~~ µ~ x ~~"//\\\ , , ~L \~c ~ '~ I ,~ .~ k ~ ,~' 'of - ~! tti I -. - sir t ,, ,~ ~-~, _t w °~ r--~wnmx~siowMwv rue I RIXCWISTM![gmf~ o>~atuxrv vu¢.w aname __ ~. _ u^5HL9 - ,*eat ~, a' - aT- "~ 1, t ~ ~, ~~~ ~r ~, ' PLAN VIEW 1"=50' `= JJ G ZZ <W 0 ~ "s u o q °~ 4x ~0 J <~ e ~> ~i ~~ u z C iav- ~v~ ~Ft~a~v a~~v ~o J c _LOEa a Gov - 0 _ _ab Tu a ma~~=~ ~ of+E;o ~a - rt mEEc ~ -n~_a5w?~o r5 0 g a ~ ^ O O p ~ J Z U ® > Z ~ ~ ~ ~ ~ [) ~ < ~ U f ¢ w ~ F-~~ u~u a > ~ W ~ W ~ ~ ~ J ~ O Q j ~ ~ W O O Z 3 O FET N/h asueo: 9_3-04 .r No. o4-oosl r gq E 9 a ~ ~i ti O 0 U P-i .,, c~ Z U:~Y ' `;F Vv~~~G3: "~ J _ Ill ~'~ 0 [~~ d ~- ~~ ~ ~~' '~, !E ~_ ~~~ ~~ ~~ ~ ~~ a ~~~ ~a ~iad 0 c~ ~, O :~ c~ z ~v. w ~6~' .~'. ~ ~': x~ w= off:` ~„ t ~ ~ , ~. h~, ;e-~ i r'F i '.~ ~ i. 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CoN~o~i~iu~s ~AHY.9 ~.~II,~Il2A99~ ,;~ _, ~ ~~~r ~ f ~; ~ ~> 1 ~sl---- - ~ 'a~ (. ~. ~~ -._-;. ~-~ _,. _._„ s -- `-s- ~, - - _.._ _. __ .- -: _ . w ~-~- ._~-~= °~ ", ~. ter. ...- T gym. it ..r EXISTING ~.------ ~. ~. __. _..._ ~. FIZ®I'®SEI~ ~ THIS VIEW WAS TAKEN FROM THE FRONTAGE ROAD LOOKING OVER FORD PARKS SOFTBALL FEILD TO GOLD PEAK. ~~ ANOIZ ~AII, ~ONDOMI1VIiJIi~IS ~~II1L9 ~~d.~I~~D~ . ~_ __ ~~~o\ ~~ ~~ EXISTIIV~ PIS®P®S~I~ THIS VIEW WAS TAKEN FROM THE EDGE OF VAIL VALLEY DRIVE NEXT TO GOLD PEAK PARKING LOT AT GROUND LEVEL. ~~ ANOIt VAII. CONDOMINIUMS ~V~~~,9 C~~,~a~~o j J. ~F~ \ 1~~, EXISTING !_~ PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE DECK OF A THIRD FLOOR UNIT (G-3) IN THE ALL SEASON. ~~ AN®IZ AILd ND MINILTl~IS ~~~~9 ~~~®~~ r, f-~------ ~ ~~~,. 1. , ~d I~, , ~~ Viii, C'oNDo ~~IIIL9 ~;~IL®~~ .. ~ A :'= ~o~~~ ,~ :- ~~~ /~ ;.y /~ / !/ d •• ' f ~j. r C ~-~ '~ EXISTING ~~r' ~ ~ d '- ~ ~r ,raC, ~ r ~' , ~ y. PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE SIDEWALK VAIL VALLEY DRIVE IN FRONT OF THE RAMSHORN PARKING LOT ENTRY. ~~ MANOR VAIL ~ONDOMINIUIVIS ~~@IIl[,y ~~g.ORAI4~ ~~; __ Y~ s ~__ ;~ EXIST~IVC~ Ply®P®SEI~ THIS VIEW WAS TAKEN FROM THE EASTERN EXIT OF THE GOLD PEAK LODGE SURFACE PARKING LOT AND SKIER DROP OFF. ~~ N®iZ AIL NDl~INItJ~I 9 "t~~ - J-//w ; ~~~~ =~~o~~~ f 4 \ ~~ ~~~/ ~~ EXISTING PIS®P®SEI~ THIS VIEW WAS TAKEN FROM A TOP FLOOR UNIT AT THE WREN LOOKING AT THE SKI MOUNTAIN (GOLD PEAK). ~~ ~ANOIt SAIL CONDOMINIUMS ~I~n~,9 C~~.oRa~~ o ~,°~E I•~' ~ }_~ ~: ~~ ~. .~ :. ' . c w + } ~' t ~ N1 ~~.Il...:;h' ~ ~~. ~XIST'ING PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE HILLSIDE AT FORD AMPHITHEATER LOOKING TOWARD THE SKI MOUNTAIN. ~~ I~~~ro~ Vail Cohn S ,,, -\~ . ~~~ EXgS'T~1VG ~y .. -., ~ ba .. - ~ ~~ )~ i THIS VIEW WAS TAKEN FROM THE EXISTING SURFACE PARKING LOT AT MANOR VAIL LOOKING AT THE CONNECTION BETWEEN BUILDINGS D&E. ~~ STIZ SAIL l~D liiIINILTIi~IS ~~,~ ~3~ ' :~ . ~ ~ ;, #` ~, i'~ A- `0~3 ti J a //-__ !~ EXISTING PIS®P®SEI~ THIS VIEW WAS TAKEN IN FRONT OF BUILDING D LOOKING AT BUILDING F AT GROUND LEVEL. I~ ~NOx Vain, C ~D®I~iIINIiT1VIa ,., µ ,~ ~i _~_ "ART .~ '" (y_ e ,{ll~ ~.'~ ~ ~`' .r.3,.4 > +~ 1 .~ ~ti ",'~ ~'(~ f , e ~ ~ w SC 1 a~- t~s rn.~ i 4 D°'~~; .r ,6~ , r+' ~ - dt_ '~~ ~ ~ `,ri. ,r - ~XIS'T~NC~ ~~~4.,rnhP . y ~, J A'' 7 t. d4 ~-k •' s _ 4 ~ `~ z`+y ~ 7 .n*' ,+ ~ 3 tr~C.t1 ~,r ~ ~ ^ `. ~ ar >C,~ 'l *~ a,~ ~ [ ~} e ~' ~ q ~ ~: 8 ^n w=+~+f' yj~i ~'4 r~ r , Y~ '~ t k F2'1 ?• ~ ~ _ { . , r i4~~y~ ~ F ^~ F am S yy~~ R'TJ ~~+~ k ~ ~ t }~ ~ ~ _ ~ }' ~ ~ r ?'\F~ r~ •j ,. ""d ,. ~ ~ ~ ~ ~ ~ . "k'~ii ~ AV e+E ~ T µ p' ~ ~ ~~ ~ jlr k .. `Lt 3 h~ 7 .^~. . ~ 'fly - l nr~?~_ q i.iwS"t ~ l ~ l1 - ,y, ~ { ~ ; y 7*t '.. ~[k ~4~ ^~^ 1 ~.-~ `.~ sl ~~", ~;^'t JrF ~~ y y ~ ~ ~~e. 1. ' 4r < _. ' _> THIS VIEW WAS TAKEN FROM THE DECK ON THE FIRST LEVEL OF THE GOLD PEAK LODGE LOOKING BACK AT THE GORE RANGE. ~~ MANOR SAIL C:ONDOMINIiJMS ~I~II~9 Co~,o~ p '~{ ~~ ~ ~ .t`` k.- ~~~ h` ~`~ K 3 +~ . ~ ~ . St k 1 ~ ~ ~. Z~ `fir r ~'' T -.. -~/ { lit- rx~ ~~~ lye T 1~~ ` ti~ ~~rz 1~ x ` ``` ;~~ y,~:~; 5 `~,~ ~ ~ v ~ ~ ~ ~ .. i ! .,, ,f ~1~ ~~ r ~. ~ ~ r-r'ti- ~~ +~' ~~, d ~ _,~ar' ~.., . ,,. r~ r f. ~.~~ .~_._ ~~ ~ ~~. -_.._ ~~ wv _ ~, ~ -_~:____ .~.__ ..: ~.~..~ _ _ ~x~sT~~v~ ___ - ~~''. ~. ~~®~®s~~ THIS VIEW WAS TAKEN FROM THE EDGE OF EXISTING MAIN ENTRY TURNAROUND. ~~ AlZ AII.~ l~TDI~III~ILTIVIS `~~~IL9 ~: ~g,~~~ ~`o~` f ~-~~`' EXIS'TIIVG PIS®P®SEI~ THIS VIEW WAS TAKEN FROM THE BUS STOP AT GOLD PEAK AT GROUND LEVEL. ~3 ANO1~ V~IIJ ~®ND®l~INIiJ ~~®~®~~~ THIS VIEW WAS TAKEN FROM THE CORNER OF CHALET ROAD AND VAIL VALLEY DRIVE AT GROUND LEVEL. ~~ MANOR SAIL CONDOMINIUIVIS V~Yr., Coa.o~~o _ ..~ n4 t/ \ ~~ . ~w ~~~~~~~~ ~~®~®~~~ THIS VIEW WAS TAKEN FROM THE TOP OF THE SOUTHWEST STAIRS OF THE EXISTING SURFACE PARKING LOT AT MANOR VAIL. YS MANOR VAIL CONDOMINIUMS ~.~IIL' COLOIYADO ~I ~~~o° ~~ "'~jm .~ ~+ w MANOR VAIL CONDOMINIUMS STUDIO AND MANOR HOUSE ADDITION /RENOVATION 595 EAST VAIL VALLEY DRIVE VAIL, CO ,i' r i! ~, s ~f wlr ~w~¢,t s. ^~ r~'. ~. ~ , a g 4 s ~ ~ t s r F !Sr# r N ,r i ;y ''~~t r ~ ~4 w. '/ u f 5y f7'~ r. / t >~F # ~y. ~g .~ Y +6 7 f~.w F r fY "` f r r t x dl 4~'/~t',,. 'r- t~ {~~~ a _. r lw ~ ~' ~ ~ ~~`S~t c ~7'~ '~:~~ CF~ ~~ •YJ ~~'~ ° "~fF.wa`Y icy ~~t r'~ 1 A,'k~s~ f';t F` tta z.S ~'r"~.! .f, r~ .~k,a r"" r,~ ~~ ~ i 1' ' t n~, ~ ~~ ~ ': ~Yt,,. ~ ~j•~` N~ r a ~? ~ c .~ 'yJ ~ ~ .s a bf "M1 / ,, ~ v ~ ~ , - ~" tit '.. :. ~ d r, '~ ~~ F i.. ,. fy ~ ~/`~' Fy ~' . ~ 1 r rT '~r~ J.~~~y '~ ~ rb,.; f ~~;~ ~~'~~ !~ i ~~F 7'~ r r ?,r f~ '• ."t "F s F ~i . 3 ~ k v -.,.~~tF . )'. 7 y }.'. e'~ , ~ ~'/y~, qpN~ '4r ar .;~ S- '~ ~ ,s ~/Mt Y r, fvy i. r „~ r ~~~~ x. ~ Y ~ ~ ~. ~. ~ L ak7, f +t, > , .r ~. / ,..~ r ~t ~`~.~~,r~R_rw i5~~~+ ~ ~h ~ .~i ~..lal ~....'i ~ ~. i~As - ~ ~ ~ . 1;~ . ." ~'ri.. rp .. r :... tr.. 'G.'. • &iL 19 OCTOBER 2004 ISSUE B2-TOWN COUNCIL SUBMITTAL SANTA BARBARA ~ Z E H R E N V A I L (805)9636690 FAX (805)9638102 C AND ASSOCIATES INC. (97o>sa9-o2s~ FAx ~s~0)sas-,oeo sanlaharba ra y zehre~.com ~ v a i l@ Z e h r e n c o m ARCHITECTURE • PLANNING • INTERIORS ~ . i Attachment: B a INDEX OF DRAWINGS CVR COVER A1.20 FLOOR PLAN• LOWER LEVEL PARKING GARAGE A0.01 DRAWING INDEX AL21 FLOOR PLAN-UPPER LEVEL PARKING GARAGE & BUILDINGS D, E,& F (ELEVATION 6173) A 11Z FLOOR PLAN• BUILDINGS D, E, & F (ELEVATION 8183) CIVIL A1.23 FLOOR PLAN- BUILDINGS A & B (ELEVATION 8189) Cl EXISTING DRAINAGE PLAN A 1.24 FLOOR PLAN- BUILDINGS D, E, & F (ELEVATTON 8193) C2 TOPOGRAPHIC M.4P• BUILDINGS A, B, & C (EXISTING SITE PLAN) A1.25 FLOOR PLAN- BUILDINGS A, B, & C (ELEVATION 82D0) C3 TOPOGRAPHIC MAP- BUILDINGS D, E, & F (EXISTING SITE PLAN) A1.26 FLOOR PLAN- BUILDINGS D, E, & F (ELEVATION 6202) C4 DRAINAGE & GRADING PLAN (PROPOSED SITE PLAN) A 1 Z7 FLOOR PLAN- BUILDINGS .4, B, & C (ELEVATION 8210) A1.26 FLOOR PLAN- BUILDINGS D, E, & F (ELEVATION 8217) LANDSCAPE A 1.29 FLOOR PLAN- BUILDINGS A, B, & C (ELEVATION 8220) L 1 MANOR V.4IL LANDSCAPE PLAN A190 FLOOR PLAN- BUILDINGS A, B, & C (ELEVATION 8235) L2 MILL CREEK IMPROVEMENT PLAN A1,40 ROOF PLAN• BUILD]NG5.4, B, & C ARCHITECTUR4L A1.41 ROOF PLAN• BUH,DINGS A, B, & C A0.10 BUILDING HEIGHT CALCULATIONS- ABSOLUTE HEIGHTS/ INTERPOLATED CONTOURS AO.ll BUILDING HEIGHT CALCULATIONS- BUILDING HEIGHTS/ INTERPOLATED CONTOURS A2.01 EXTERIOR ELEVATIONS- BUILDINGS A & B AD.12 BUILDING HEIGHT CALCULATIONS- PROPOSED HEIGHTI PROPOSED CONTOURS AZ.02 EXTERIOR ELEVATIONS- BULDING C A0.13 BUILDWG HEIGHT- PROPOSED ROOF HEIGHT A2.03 EXTERIOR ELEVATIONS- BUILDINGS D, E, & F A2,04 EXTERIOR ELEVATIONS- BUILDINGS D, E, & F A0.20 SITE PLAN A3.01 BUILDING SECTION AD1.02 EXISTING BUILDING FLOOR PLAN- ELEVATION 8173 ADI,03 EXISTING BUILDING FLOOR PLAN• ELEVATION 8183 / 8189 AD1,04 EXISTING BUILDING FLOOR PLAN• ELEVATION 8193 / 8200 AD1.05 EXISTING BUILDING FLOOR PLAN- ELEVATION 8202 / 8210 AD1.06 EXISTING BUILDING FLOOR PLAN- ELEVATION 8220 AD1.10 EXISTING BUILDING ROOF PLAN A1.01 FLOOR PLAN- LOWER LEVEL PARKING GARAGE A1.02 FLOOR PLAN- UPPER LEVEL PARKING GARAGE /ELEVATION 8173 A1.03 FLOOR PLAN• ELEVATION 8183/8169 A1.04 FLOOR PLAN• ELEVATION 8193/8200 ALOS FLOOR PLAN• ELEVATION 8202 / 821D A1.O6 FLOOR PLAN- ELEVATION 8217! 822D AI,07 FLOOR PLAN- ELEVATION 8235 AL10 ROOF PLAN ,. u Vail, ColoPadm ~+~~ V V ~d V ~!Y ~8 ~71L,/!y~/p brr-a~4G II ~ I (~ i~0, t Eon l9e.i Rnnnn Z E or RAE N. 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