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HomeMy WebLinkAbout2006-08-01 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:30 P.M., TUESDAY, AUGUST 1, 2006 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ~. Bill Gibson ITEM/TOPIC: Site Visit. An appeal of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3, and setting forth details in regard thereto. (PEC06-0019) (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West LionsHead Pace/Lot 8, Block 1, Vail LionsHead Filing 3, and setting forth details in regard thereto. BACKGROUND RATIONALE: On June 26, 2006, the Planning and Environmental Commission's approved, with conditions, a final review of a major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the. renovation of the Lion Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3, and setting forth details in regard thereto. The Vail Town Council "called-up" this Planning and Environmental Commission action at its July 11, 2006, hearing. Additionally, the Montaneros Condominium Association, Inc. has also filed an appeal of this Planning and Environmental Commission action. Please refer to the staff memorandum to the Planning and Environmental Commission dated June 26, 2006, for additional information. 2. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure Request For Proposals (RFP). (2 hrs.) BACKGROUND: The afternoon work session with the Vail Town Council and two members of the PEC and two members of the DRB is intended to provide an opportunity to interview the two competing developers that have responded to the LionsHead RFP. Those two developers include: • East West Partners, and • Open Hospitality Partners & Hillwood Capital Partnership At the evening meeting staff is requesting that the Town Council receive public input on the LionsHead RFP and then provide direction to staff on whether to invite the above mentioned developers to submit proposals to the Town based on the process and schedule provided in the staff memorandum. Council is also requested to provide input on any changes or modifications they would like to see in the proposed process provided in the staff memorandum. 3. George Ruther ITEM/TOPIC: PEC/DRB Update. (15 min.) 4. Tee Brown ITEMlTOPIC: Tee Brown, current president of the Channel 5 Board of Directors, has requested an opportunity to address the Vail Town Council re: current upgrades in programming, capital acquisitions and direction for the station. Mark Gordon currently serves as the town's appointment to the Channel 5 Board of Directors, while Pam Brandmeyer serves as a citizen's advisory member. (15 min.) 5. Kathleen Halloran ITEM/TOPIC: Revenue Analysis. (20 min.) ACTION REQUESTED OF COUNCIL: Discuss the projected revenue items for the 2007 budget and provide staff with direction. BACKGROUND RATIONALE: The start of every budget cycle starts with the discussion of major revenues. We look at year to date, projected, five-year averages and trends to calculate future revenues. STAFF RECOMMENDATION: Discuss and provide any changes or recommendations to the 2006 revenue projection. 6. ITEM/TOPIC: Information Update. (20 min.) • Revenue Update • Pine Beetle mitigation update • Vail Visitor Center Evaluation • Peer Resorts Visit Update • West LionsHead Update • Vail 20/20 Update • Next steps for joint recreation comprehensive master planning process. The following is a list of proposed presentations and meetings in re: to the recommendations for the current joint effort by the VRD and the TOV: Tuesday, August 8, 3:30 P.M. Small conference room (immediately prior to the regular VRD meeting) Draft recommendations presentation to the VRD/TOV Joint Recreation Comprehensive Master Planning Committee (GreenPlay) Tuesday, September 5, Work Session Town Council Chambers Draft recommendations presentation to the VRD .Board of Directors and the Vail Town Council for the Recreation Comprehensive Master Plan (GreenPlay) Tuesday, September 19, Evening Town Council Chambers Final recommendations presentation to the VRD Board of Directors and the Vail Town Council for the Recreation Comprehensive Master Plan (GreenPlay) 7. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 8. ITEM/TOPIC: Adjournment. (4:10 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, AUGUST 15, 2006 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 3 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: August 1, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Appellant: Vail Town Council and Montaneros Condominium Association, Inc. Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at 660 W est Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3. II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals, Vai(Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. As an adjacent property owner, the Montaneros Condominium Assocation, Inc. has standing to file an appeal of the Planning and Environmental Commission's action. III. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i. e. Title 12, Zoning Regulations, Vail Town Code) have orhave notbeen met." IV. BACKGROUND For a description of the Lion Square Lodge North major exterior alteration request, please refer to the attached June 26, 2006, Staff memorandum to the Planning and Environmental Commission (Attachment D). On June 26, 2006, the Planning and Environmental Commission approved, with conditions, the major exterior alteration request for the addition to, and renovation of, the Lion Square Lodge North by a vote of 5-1-0 (Cleveland opposed). When making his dissenting vote, Commissioner Cleveland noted that the proposal was in compliance with the provisions of the Lionshead Mixed Use 1 District; however, in his opinion the required one employee housing bed should be provided on-site rather than at an off-site location. An excerpt from the meeting action minutes of the Commission's June 26, 2006, hearing have been attached for reference (Attachment C). On July 5, 2006, the Town of Vail Design Review Board approved the design review request associated with this Lion Square Lodge North major exterior alteration request by a vote of 4-0-0. On July 11, 2006, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's June 26, 2006, approval, with conditions, of the Lion Square Lodge North request by a vote of 4-2-1 (Newbury and Moffet opposed, Hitt abstained). An excerpt from the Council's July 11, 2006, hearing highlights have been attached for reference (Attachment A). On July 14, 2006, the Montaneros Condominium Association, .Inc. submitted an appeal of the Planning and Environmental Commission's June 26, 2006, approval, with conditions, of the Lion Square Lodge North request. The Montaneros Condominium Association's July 14, 2006, appeal and a subsequent July 26, 2006, letter have been attached for reference (Attachment B). V. DISCUSSION ISSUES The following relates to recent Town Council policy discussions concerning development and redevelopment projects in the Lionshead area: Policy Objective of 2.3.3, Stronger Economic Base through Increased Live Beds, Lionshead Redevelopment Master Plan has been a topic of much recent discussion by the Town Council. The Lion Square Lodge North redevelopment proposal involves the construction of new dwelling units and a new retail space; however, the proposal does not include the construction of any new accommodation or fractional fee units. While this proposal was submitted for review prior to the Town Council's adoption of a temporary development moratorium and the Lionshead Mixed Use 1 District does not require the construction of accommodation or fraction fee units, the applicant must still demonstrate compliance. with Policy Objective 2.3.3. The Planning and Environmental Commission considered this topic as part of its review of this major exterior alteration request. The existing Lion Square Lodge North dwelling units (no accommodation units or fraction fee units exist) currently are often short-term rented and function as "warm beds". The Commission determined that this proposed major exterior alteration would not change the "warm bed" function of the Lion Square Lodge North. 2 The following is a brief summary of the concerns raised as part of the Montaneros Condominium Association's appeals: • Montaneros right to a full and fair hearing. Staff response: While not required by any provision of-the Town Code, the Town Staff strongly encourages all development proposal applicant(s) to be "neighborly" and communicate privately and directly with the property owners in their neighborhood. On numerous occasions, Staff encouraged both and applicant and the individual owners of the Montaneros to communicate directly and attempt to address each other's concerns related to the Lion Square Lodge North proposal. Since these discussions are not a formal part of the development review process and outside the formal public hearing setting, Staff is typically not privy to the substance or results of these private discussions. While the Staff consistently forwarded the most current proposed architectural plans to the Montaneros Condominium Association's representative; the Montaneros contends the applicant may not have presented the most current information in their private discussions. The final architectural plans reviewed by the Planning and Environmental Commission at its June 26, 2006, hearing were included in the Staff memorandum and made part of the public record, with no revision submitted at hearing. • The East tower of the Lion Square Lodge North Building, as approved by the PEC, is an impermissible expansion of a nonconforming structure. Staff response: The applicant's initial design did include the construction of the east tower at the north property line. !n this initial design, the applicant contended that the Lion Square Lodge North's easement area, located on the Montaneros lot, served as the practical property boundary and addressed the 10 ft. setback requirements of the Lionshead Mixed Use 1 District. The applicant then revised the design of the proposed east tower by shifting this building element south into compliance with the 10 ft. setback requirement from the actual north property boundary, not the easement area. The applicant also proposed to only maintain and upgrade the exterior finishes of the existing structure located within the easement area. This was the design proposal reviewed and approved by the Planning and Environmental Commission at its June 26, 2006. No setback variances were required for the Lion Square Lodge North proposal. Please note that the Town of Vail is not party to, nor responsible for enforcing, any provision of a private easement agreements between the Montaneros Condominium Association and the Lion Square Lodge North. • The parking structure of the Lion Square Lodge North. Building, as approved by the PEC, violates the setback requirements of Section 12-7H-10 of the Code. Staff response: Pursuant to Title 14, Development Standards Handbook, roof overhangs and retaining walls are both permitted to be constructed within the 10 ft. setback area. No setback variances were required for the Lion Square Lodge North proposal 3 • The location of the west tower of the Lion Square Lodge North Building, as approved by the PEC, violates the spirit of the setback requirements of Section 12-7H-10 of the Code. Staff response: The Lion Square Lodge North proposal complies with the setback requirements of the Vail Town Code and no setback variances were required. The existing Montaneros building is legally non-conforming in regard to its required setback from the property boundary with the Lion Square Lodge North. According to the submitted topographic survey, the southwest portion of the existing Montaneros building is located only 0.8 ft. (e.g. 9'/z inches) from its southern property boundary and the existing Montaneros pool deck is located within 6 feet of the southern property boundary (e.g. 3 ft. from the Lion Square Lodge North's easement area). The approved Lion Square Lodge redevelopment is contrary to the various provisions of the Lionshead Redevelopment Master Plan... While the Vail Town Code and the Lionshead Redevelopment Master Plan both address the preservation of critical "public" view corridors that have been surveyed and adopted in the Town Code; neither explicitly protects any "private" views, whether perceived or addressed in a formal private agreement between property owners. • The approved Lion Square redevelopment fails to mitigate development impacts as required by Section 12-7H-18 of the Code. Staff response: The applicant has proposed adequate enclosed parking to comply with the provisions of the Lionshead Mixed Use 1 District and revised its initial designs to now cover the majority of the proposed upper parking lot with a sod roof. Structural engineering drawings for proposed development projects are not required by the Town of Vail as part of a design review or major exterior alteration application. Structural engineering plans are required as part of a building permit application. The Planning and Environmental Commission found that the mitigation efforts proposed by the applicant addressing employee housing, parking, traffic, landscaping/streetscaping, new retail spaces, and coordination with the Arrabelle project adequately addressed this requirement of the Town Code. • The approved parking plan is not workable and violates the Town's Development Standards. Staff response: The proposed parking plan was reviewed and approved by the Town of Vail Public Works Department. • Applicant will need to obtain easements from appellant for construction. Staff response: The Staff has communicated the appellant's concerns about construction access and the possible need for access easements to the applicant. The applicant has verbally indicated to Staff that they are aware of these issues and will use construction methods which do not require access to Montaneros property. A construction staging plan will be required as part of the applicant's building permit application. 4 Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners. • The Lion Square Lodge North Building redevelopment, as approved, violates the Protective Covenants of the Vail/Lionshead, Third Filing (the "covenants'). Staff response: Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners including covenants. • As noted by a member of the PEC, applicant's proposal for employee housing may not satisfy Title 12, Chapter 13 of the Code. Staff response: Staff shares Commissioner Cleveland's concerns about employee housing associated with Lionshead development/redevelopment projects being located off-site. Staff believes it is not only important that housing opportunities for locals exist within walking distance of their place of employment, but that housing for locals within the commercial cores adds a sense of liveliness and vitality that is critical to these areas. The Vail Local Housing Authority and the Vail Town Council have not yet adopted a formal policy prescribing the location of required employee housing units for development/redevelopment projects in the Lionshead Mixed Use 1 District. When the Antlers was redeveloped in the early 2000's, employee housing was constructed on site. However, the more recent Gore Creek Townhomes, Arrabelle, and Ritz Carlton development projects were each approved to address their employee housing requirements off-site. The recent Marriott and Montaneros redevelopment projects did not generate additional employee housing needs. The Town of Vail Housing Coordinator reviewed and approved the Lion Square Lodge North's proposal to address its employee housing requirement off-site, as it was consistent with the recent employee housing proposals approved for the Crossroad redevelopment project (i.e. Solaris) and the Cascade Townhouses (i.e. the "Ruins"). VI. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3, Administration and Enforcement (in party Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. 'Aggrieved or adversely 5 affected person"means any person who will sufferan adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions .that the standards and conditions imposed by the requirements of this Title have or have not been met. VII. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Couricil choose to uphold. the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the. neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." 6 However, should the Town Council choose to overturn the To~Nn of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has not proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " V111. ATTACHMENTS A. Town Council Highlights July 11, 2006 (excerpt) B. Montaneros Condominiums Association, Inc. Appeal C. Planning and Environmental Commission April 10, 2006 agenda results (excerpt) D. Planning and Environmental Commission April 10, 2006 memorandum E. 3D Model Images . F. Public Notice 7 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 1, 2006 SUBJECT: Second reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail. Town Code, pursuant to Section 12-3-7, Amendments,. Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes from a maximum of 15% to a maximum of 20% but limiting site disturbance to 60% on such lots, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Steve Isom Planner: Matt Gennett I. DESCRIPTION OF THE REQUEST _...: _..,,:; The applicant, Helmut Reiss, represented by Steve Isom, is requesting to amend Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30% within four of the nine residential zones districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The applicant is proposing to amend the restriction to allow for the typical 20% maximum site coverage standard to apply in the applicable zone districts irrespective of the average slope of a site. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep slopes. ii. On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to the recommended, modified iteration of the applicant's proposed text amendment presented at the hearing. On May 8, 2006, the PEC recommended approval of the proposed text amendment, as modified by staff, to the Vail Town Council On July 18, 2006, the Vail Town Council voted to approve Ordinance No. 17, Series of 2006, on first reading. III.. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 17, Series of 2006, on second reading, to amend Section 12-21-14E, Vail Town Code, to allow the maximum site coverage to increase from 15% to 20% on residential lots with excessive slopes in specific 1 zones, but with a maximum of 60% site disturbance, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria and findings for a text amendment, noted and addressed in the May 8, 2006, Planning and Environmental Commission (PEC) staff memorandum. IV. ATTACHMENTS Attachment A: Ordinance No. 17, Series of 2006 2 ORDINANCE NO. 17 Series of 2006 AN ORDINANCE AMENDING SECTION 12-21-14E, RESTRICTIONS IN SPECIFIC ZONESON EXCESSIVE SLOPES, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENTS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO INCREASE THE AMOUNT OF ALLOWABLE SITE COVERAGE ON LOTS WITH EXCESSIVE SLOPES, FROM A MAXMIMUM OF 15% TO A MAXIMUM OF 20%, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 24, 2006, and again on May 8, 2006, following which the Commission forwarded a recommendation of approval with staff's recommended modifications to the Vail Town Council based on the criteria and findings presented in the staff memorandum; and WHEREAS, staff is recommending additional text amendments, found in Section 1 of this ordinance, as a result of the analysis performed for the original text amendment request submitted by the applicant; and WHEREAS, the third Guideline under Section 12-11-1, Vail Town Code, states the following intent: "prevent the unnecessary destruction or blighting of the natural landscape"; and WHEREAS, the Town Council finds that the proposed text amendment furfhers the.general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town;. demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. Ordinance No. 17, Series 2006 ~ NOW, THEREFORE, BE IT ORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The proposed text amendments are as follows: (Deletions are shown in c+riVo +hr,,,,nh/additions are shown bold) Section 12-21-14E: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: ~nln+ m n ro +hnn fif+ co~ e ~ + ~ } '1!-,°/_\ ref +ho oiTq n. r~~ h ~ ~ 11 '' / 1r (~ ~ y 1 GGnY~~TC~-i G~'TO'~~~PTI dT~.~T G C'G~P.`'~1i~~~;~T'r`-'G`C'T17P1 ~ ~ ~p I ~ } T~~~Tr-Spf~~Cl-T ~TypL-i Lmf"f'pTe~CiTi ~}fd~}9Fe thaF} twel~ ~~ n f62 ~~ ~{ 1 •'r° FT~a` be-6^ f t~}e STt ' ' c° r ° a ~ - - @ t L e~-9 .. - - c a- y - v c - c - ~- f ~-1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In orderto protectthe natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteriawarrantthe extent of the requested deviation. Section 2. If any part, section, subsection, sentence, clause or phrase ofthis 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 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. Section 3. The Town Council hereby finds, determines and declares that this Ordinance No. 17, Series 2006 2 ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code 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 anyother action or proceeding as commenced under or byvirtue 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 5. All bylaws, orders, resolutions and ordinances, or parts thereo# 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 thereo# theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2006 and a public hearing for second reading of this Ordinance set for the 1S` day of August, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 17, Series 2006 3 INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND READING this 15t day of August, 2006, in the Council Chambers of the Vail Municipal Building, Vail., Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 17, Series 2006 4 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: August 1, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Appellant: Vail Town Council and Montaneros Condominium Association, Inc. Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3. II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. As an adjacent property owner, the Montaneros Condominium Assocation, Inc. has standing to file an appeal of the. Planning and Environmental Commission's action. II1. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details. in regard thereto. Pursuant toSub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i. e. Title 12, Zoning Regulations, Vail Town Code) have or-have notbeen met." IV. BACKGROUND For a description of the Lion Square Lodge North major exterior alteration request, please refer to the attached June 26, 2006, Staff memorandum to the Planning and Environmental Commission (Attachment D). On June 26, 2006, the Planning and Environmental Commission approved, with conditions, the major exterior alteration request for the addition to, and renovation of, the Lion Square Lodge North by a vote of 5-1-0 (Cleveland opposed). When making his dissenting vote, Commissioner Cleveland noted that the proposal was in compliance with the provisions of the Lionshead Mixed Use 1 District; however, in his opinion the required one employee housing bed should be provided on-site rather than at an off-site location. An excerpt from the meeting action minutes of the Commission's June 26, 2006, hearing have been attached for reference (Attachment C). On July 5, 2006, the Town of Vail Design Review Board approved the design review request associated with this Lion Square Lodge North major exterior alteration request by a vote of 4-0-0. On July 11, 2006, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's June 26, 2006, approval, with conditions, of the Lion Square Lodge North request by a vote of 4-2-1 (Newbury and Moffet opposed, Hitt abstained). An excerpt from the Council's July 11, 2006, hearing highlights have been attached for. reference (Attachment A). On July 14, 2006, the Montaneros Condominium Association, Inc. submitted an appeal of the Planning and Environmental Commission's June 26, 2006, approval, with conditions, of the Lion Square Lodge North request. The Montaneros Condominium Association's July 14, 2006, appeal and a subsequent July 26, 2006, letter have been attached for reference (Attachment B). V. DISCUSSION ISSUES The following relates to recent Town Council policy discussions concerning development and redevelopment projects in the Lionshead area: Policy Objective of 2.3.3, Stronger Economic Base through Increased Live Beds, Lionshead Redevelopment Master Plan has been a topic of much recent discussion by the Town Council. The Lion Square Lodge North redevelopment proposal involves the construction of new dwelling units and a new retail space; however, the proposal does not include the construction of any new accommodation or fractional fee units. While this proposal was submitted for review prior to the Town Council's adoption of a temporary development moratorium and the Lionshead Mixed Use 1 District does not require the construction of accommodation or fraction fee units, the applicant must still demonstrate compliance with Policy Objective 2.3.3. The Planning and Environmental Commission considered this topic as part of its review of this major exterior alteration request. The existing Lion Square Lodge North dwelling units (no accommodation units or fraction fee units exist) currently are often short-term rented and function as "warm beds". The Commission determined that this proposed major exterior alteration would not change the "warm bed" function of the Lion Square Lodge North. 2 The following is a brief summary of the concerns raised as part of the Montaneros Condominium Association's appeals: • Montaneros right to a full and fair hearing. Staff response: While not required by any provision of the Town Code, the Town Staff strongly encourages all development proposal applicant(s) to be "neighborly" and communicate privately and directly with the property owners in their neighborhood. On numerous occasions, Staff encouraged both and applicant and the individual owners of the Montaneros to communicate directly and attempt to address each other's concerns related to the Lion Square Lodge North proposal. Since these discussions are not a formal part of the development review process and outside the formal public hearing setting, Staff is typically not privy to the substance or results of these private discussions. While the Staff consistently forwarded the most current proposed architectural plans to the Montaneros Condominium Association's representative; the Montaneros contends the applicant may not have presented the most current information in their private discussions. The final architectural plans reviewed by the Planning and Environmental Commission at its June 26, 2006, hearing were included in the Staff memorandum and made part of the public record, with no revision submitted at hearing. • The East tower of the Lion Square Lodge North Building, as approved by the PEC, is an impermissible expansion of a nonconforming structure. Staff response: The applicant's initial design did include the construction of the easf tower at the north property line. In this initial design, the applicant contended that the Lion Square Lodge North's easement area, located on the Montaneros lot, served as the practical property boundary and addressed the 10 ft. setback requirements of the Lionshead Mixed Use 1 District. The applicant then revised the design of the proposed east tower by shifting this building element south into compliance with the 10 ft. setback requirement from the. actual north property boundary, not the easement-area. The applicant also proposed to only maintain and upgrade the exterior finishes of the existing structure located within the easement area. This was the design proposal reviewed and approved by the Planning and Environmental Commission at its June 26, 2006. No setback variances were required for the Lion Square Lodge North proposal. Please note that the Town of Vail is not party to, nor responsible for enforcing, any provision of a private easement agreements between the Montaneros Condominium Association and the Lion Square Lodge North. • The parking structure of the Lion Square Lodge North Building, as approved by the PEC, violates the setback requirements of Section 12-7H-10 of the Code. Staff response: Pursuant to Title 14, Development Standards Handbook, roof overhangs and retaining walls are both permitted to be constructed within the 10 ft. setback area. No setback variances were required for the Lion Square Lodge North proposal 3 • The location of the west tower of the Lion Square Lodge North Building, as approved by the PEC, violates the spirit of the setback requirements of Section 12-7H-10 of the Code. Staff response: The Lion Square Lodge North proposal complies with the setback requirements of the Vail Town Code and no setback variances were required. The existing Montaneros building is legally non-conforming in regard to its required setback from the property boundary with the Lion Square Lodge North. According to the submitted topographic survey, the southwest portion of the existing Montaneros building is located only 0.8 ft. (e.g. 9'/2 inches) from its southern property boundary and the existing Montaneros pool deck is located within 6 feet of the southern property boundary (e.g. 3 ft. from the Lion Square Lodge North's easement area). The approved Lion Square Lodge redevelopment is contrary. to the various provisions of the Lionshead Redevelopment Master Plan... While the Vail Town Code and the Lionshead Redevelopment Master P{an both address the preservation of critical "public" view corridors that have been surveyed and adopted in the Town Code; neither explicitly protects any "private" views, whether perceived or addressed in a formal private agreement between property owners. • The approved Lion Square redevelopment fails to mitigate development impacts as required by Section 12-7H-18 of the Code. Staff response: The applicant has proposed adequate enclosed parking to comply with the provisions of the Lionshead Mixed Use 1 District and revised its initial designs to now cover the majority of the proposed upper parking lot with a sod roof. Structural engineering drawings for proposed development projects are not required by the Town of Vail as part of a design review or major exterior alteration application. Structural engineering plans are required as part of a building permit application. The Planning and Environmental Commission found that the mitigation efforts proposed by the applicant addressing employee housing, parking, traffic, landscaping/streetscaping, new retail spaces, and coordination with the Arrabelle project adequately addressed this requirement of the Town Code. • The approved parking plan is not workable and violates the Town's Development Standards. Staff response: The proposed parking plan was reviewed and approved by the Town of Vail Public Works Department. • Applicant will need to obtain easements from appellant for construction. Staff response: The Staff has communicated the appellant's concerns about construction access and the possible need for access easements to the applicant. The applicant has verbally indicated to Staff that they are aware of these issues and will use construction methods which do not require access to Montaneros property. A construction staging plan will be required as part of the applicant's building permit application. 4 Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners. • The Lion Square Lodge North Building redevelopment, as approved, violates the Protective Covenants of the Vail/Lionshead, Third Filing (the "covenants'). Staff response: Again, the Town of Vail is not party to, nor does it enforce, any private agreements between private property owners including covenants. • As noted by a member of the PEC, applicant's proposal for employee housing may not satisfy Title 12, Chapter 13 of the Code. Staff response: Staff shares Commissioner Cleveland's concerns about employee housing associated with Lionshead development/redevefopment projects being located off-site. Staff believes it is not only important that housing opportunities for locals exist within walking distance of their place of employment, but that housing for locals within the commercial cores adds a sense of liveliness and vitality that is critical to these areas. The Vail Local Housing Authority and the Vail Town Council have not yet adopted a formal policy prescribing the location of required employee housing units for development/redevelopment projects in the Lionshead Mixed Use 1 District. When the Antlers was redeveloped in the early 2000's, employee housing was constructed on site. However, the more recent Gore Creek Townhomes, Arrabelle, and Ritz Carlton development projects were each approved to address their employee housing requirements off-site. The recent Marriott and Montaneros redevelopment projects did not generate additional employee housing needs. The Town of Vail Housing Coordinator reviewed and approved the Lion Square Lodge North's proposal to address its employee housing requirement off-site, as it was consistent with the recent employee housing proposals approved for the Crossroad redevelopment project (i.e. Solaris) and the Cascade Townhouses (i.e. the "Ruins"). VI. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3, Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely 5 affected person"means any person who will sufferan adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. VII. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Town. of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to uphold the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration; pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." 6 However, should the Town Council choose to overturn the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code; the applicant has not proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Vlil. ATTACHMENTS A. Town Council Highlights July 11, 2006 (excerpt) B. Montaneros Condominiums Association, Inc. Appeal C. Panning and Environmental Commission April 10, 2006 agenda results (excerpt) D. Planning and Environmental Commission April 10, 2006 memorandum E. 3D Model Images F. Public Notice 7 Attachment: A MEDIA ADVISORY July 11, 2006 Contact: Corey Swisher, 479-2106 Town Manager's Office VAIL TOWN COUNCIL HIGHLIGHTS FORJULY 11 Work Session Briefs Council members present: Foley, Gordon, Htt, Newbury, Moffet, Slifer, Logan --Planning and Environmental Commission (PEC)/Design Review Board (DRB) Update During a review of the most recent meetings of the PEC and DRB, Chief Planner George Ruther answered questions regarding the latest proposals to go before the two boards. Gordon moved to call up an item from the June 26 PEC meeting involving exterior renovation of the Lion Square Lodge North, located at 660 West LionsHead Place, with Foley seconding. The motion passed 4-2 with one abstention; Newbury and Moffet opposed. Hitt abstained as he was not in attendance during discussion of the item. For more information, contact George Ruther at 479-2145. --Black Gore Creek Update Representing the Eagle River Watershed Council, Caroline Bradford and U.S. Forest Service representative Cal Wettstein explained the monitoring efforts associated with the impact of traction sand upon Black Gore Creek Wettstein said Gore Creek has experienced a decrease in insects normally associated with. pristine streams. "All metrics show that the aquatic community in Gore Creek flowing through Vail is in an impaired condition. Particularly interesting, is the lack of stonefly insects in lower Gore Creek in both 2004 and 2005." Bradford emphasized the sand collection features abng I-70 has reduced a lot of source pollution. Wettstein then commented, "There is still a slug of sand between Vail pass and East Vail that is working its way down (partially due to beaver dam degradation caused by high runoff due to record snowfall)." Hitt confirmed the majority of the pollution was coming from I-70. Moffet clarified current projects were "making a dent" in the pollution problem. Bradford invited Council to attend a tour of Black Gore Creek on July 14. Representing the Vail Vllage Homeowners Association, Jim Lamont inquired about the location of possible diversion structures and the status of the sand berm (created from captured traction sand) in East Vail. Lamont then encouraged Council to use Real Estate Transfer Tax funds to restore Gore Creek. For details, contact Bill Carlson at 479-2333. --Wildlife Ordinance Discussion Police Commander Steve Wright explained recent events regarding a problem bear in West Vail have again brought to the forefront wildlife issues within the town. In August, 2002, Council passed an ordinance intended to reduce interactions between bears and citizer~ and guests. Wright reported 408 wildlife warnings and 13 citations had been written to date. "We have done a good job extending the education component of our wildlife ordinance...lt's now time to start enforcing the existing ordinance." Wright recommended dumpsters in centralized refuse areas be bear resistant. "The Police Department's last recommendation would be that all citizens maintain bear resistant/proof containers." Detective Ryan Millbern said bearresistant containers have improved over the years. Millbern reported bear resistant containers were available from local trash. haulers for $160-$360. Town Attorney Matt Mire explained the current /attachment: B Appeals Form . ~ Department of Community Development ~(}~ ~~,~ ~ 75 South Frontage Road., Vail; Colorado 81657 teI:970.479.2139 fax: 970.979.2452 tveb: www.vailgov ~g~r General Information: 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/Decision befog appealed: Approval of major exterior alteration, pursuant to Section 12-7H-7 of the Vail Town Code; to allow for the renovation of the Lion's Square Lodqe North located at 660 West Lionshead PlacelLot 8, Block 1, Vail Lionshead Filing 3 Dateof Action/Decision: 3une 26, 2006 Sward ar Staff person rendering action/decision: Planning and Environmental Commission Does this appeal involve a specific parcel of land? (Yes) If yes, are you an adjacent property owner? (yes) i Name of Appel ant(s): Montaneros Condominium Association, Inc. Maifing Address: c!o Keith ~dza, 641 W.Lionshead Circle, Vail, Colorado &1557 phone: 970-477-7200 -_ Physical Address to Vail: 64 S W. Lio shea¢ Cirple, Vail, Colorado 81657 Legal Description of Appellant(; _" op f~ (n Veil: Lot:_.._t3lock:~ Subdlviston:Montaneros Condominiums Appellant(s) Signature{s): ? ! ~. r ~h.r -s„ (Attach a list of sig atures if more space is requfred). Alexander A. Preiser Submittal Requ€rements: Atiomey for Appellant 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Pcavide a fist of names and addresses (both mailing and physical addresses in Vail) of ail owners of property who are the subject of the appeal and all adjacent property owners (inducting owners whose properties are separated from the subject property by aright-of--way, stream, or other intervening barrier}, . 4. Provide stamped, addressed envelopes for each property owner (fisted in (3.). PLEASE SU6MIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0: TOWN OF VATL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. Far Office Use Onty: r G 0 Gate Received: _ 7f/L/~Q{~ Activity No.: G ~e Planner, _ $G Project No.: CC~~~VI~ D JUL 1 ~~~ ~~~~ ~"'C~"~ ~~ ~~IL 12-6.2005 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or- adversely affected person ". The individual members of Appellant, Montaneros Condominium Association, Inc., are all of the owners of the units located in Montaneros Condominiums ("Montaneros"). Montaneros is located in Lionshead adjacent to and immediately north of Lion Square North Condominiums. As approved, the renovation of Lion Square Lodge -North Building will have substantial and significant negative impacts on Montaneros Condominiums and its owners and guests, all as more particularly described in Appellant's response to Item No. 2 below. {00042137/1} 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. , Appellant was denied its right to a full and fair hearing. In accordance with Section 12-3-6 of the Vail Town Code (the "Code"), hearings are to "be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions, and arguments with respect to the issues entailed ." Applicant, Lion Square Lodge North Condominium Association ("Applicant") submitted revised plans to the Town dated June 2, 2006. Subsequently, on June 22, 2006 Appellant and Applicant had an extensive conference regarding the project during which those plans reviewed and discussed. However, the next day Appellant learned that Applicant had submitted revised plans for the consideration by the Planning and Environmental Commission ("PEC") prior to that conference. Appellant was not provided with a copy of the revised plans submitted by Applicant until the June 26th hearing approving those plans. Notably, the PEC was not aware of changes to the plans at its June 26t1i hearing until counsel for Appellant noted that changes had been made. Failure to deliver revised plans to Appellant in advance of the hearing denied Appellant the opportunity to be fully and fairly heard on the matter as required by the Code. Moreover, Applicant, as part of the public hearing process on June 26th, demonstrated the project to the PEC on the public record via a three dimensional video model. Appellant requested Applicant to provide a copy of the model following the hearing. This request was denied by Applicant. The east tower of the Lion Square Lodge -North Building as ap rp owed by the PEC, is an impermissible expansion of a nonconforming structure. The stated purpose of Title 12, Chapter 18 of the Code, governing nonconforming structures, is to limit the number and extent of nonconforming structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction (Code Section 12-18-1). Applicant proposed to erect asix-story tower atop an existing one-story building which is built to the property line, and the deck of which encroaches onto Appellant's property. Engineering of the east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing nonconforming building to support the east tower. Therefore, the east tower is not an "enlargement" of a nonconforming structure, as contemplated by Section 12-18-5 of the Code, but rather a substantial reconstruction of the existing nonconforming building. Such reconstruction of the existing building is not permitted under the Code without a variance pernlitting the building to be located along the property line within the 10 foot setback. No variance 100042137 / 1 } has been requested by Applicant pursuant to Title 12, Chapter 17 of the Code. • The parking structure of the Lion Square Lod~;e -North Building, as approved by the PEC, violates the setback requirements of Section 12-7H- 10 of the Code. The roof and/or retaining wall of the parking structure encroach into the 10-foot setback area mandated by Section 12-7H-10 of the Code. No variance has been requested for this encroachment pursuant to Title 12, Chapter 17 of the Code. • The location of the west tower of the Lion Square Lode -North Building as approved by the PEC, violates the spirit of the setback requirements of Section 12-7H-10 of the Code. Section 12-7H-10 of the Code requires minimum building setbacks of ten feet. The intended result of this setback is to provide at least twenty feet between buildings. More than thirty years ago, the prior owner of Appellant's property. carved off a portion of its property for the Lion Square development based upon plans for building as currently located. Currently, there is an approximate 60 foot separation between Appellant's and Applicant's buildings according to Applicant's submittal. The plans approved by the PEC permit the construction of an 82 foot building just ten feet from the west units of Appellant's building, violating spirit of the setback requirement. • The approved Lion Square redevelopment is contrary to various provisions of the Lionshead Redevelopment Master Plan ("Master Plan"~ including the following: • Section 8.4.2.3 of the Master Plan provides that the building faces forthis project may have a maximum initial eave height of 60 feet, at which point those faces must step back a minimum of 12 feet. The east and west towers of the approved redevelopment, which have an absolute building height of 82 feet, do not appear to comply with this step back requirement. • Development should connect Lionshead physically and visually to the mountain landscape (Master Plan, Section 2.5). The approved redevelopment will physically and visually cut off much of Lionshead, including Appellant's property, from the mountain landscape. • As development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain (Master Plan, Section 4.3.1). The approved redevelopment plans interfere with visual connections to .the ski mountain by creating two 82 foot towers between Appellant's property and the ski mountain. {00042137/1} 2 • All private development and redevelopment should endeavor to create visual connections from and through their properties (Master Plan, Section 4.3.1.1). As indicated above, the towers of the approved redevelopment interfere with the visual connections through Applicant's property. • North-south orientation of building masses to accomplish several objectives including sun access and views from existing buildings (Master Plan, Section 4.3.1.2}. As shown on the. sun shade analyses submitted to the PEC, the approved redevelopment will virtually engulf Appellant's property and building, including its pool, in shade. • The approved Lion Square redevelopment fails to mitigate development impacts as required by Section 12-7H-18 of the Code. In a preliminary hearing on this matter, the PEC noted that the proposal did not provide public amenity improvements as required by the Code and that surface parking in Lionshead would be a poor use of space that could otherwise be used for a public amenity. In response, Applicant revised its plans to cover the parking structure with a sod roof. This seemingly does not create an amenity and does not meet the objective of the PEC. No other public amenities will be provided. Moreover, no details were provided regarding the engineering of the sod roof (e.g., growth of sod, drainage). Appellant is concerned about the possible impacts. of this structure located immediately adjacent to its property. • The approved parking plan is not workable and violates the Town's Development Standards. (1) Parking spaces are smaller than that required by Development Standards. (2) The proposed valet parking plan is impractical, as sufficient space to move .cars has not been provided. (3) No explanation was provided as to how the valet parking would be staffed or operated, creating potential problems. • Applicant will need to obtain easements from Appellant for construction. As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum,. Town approval should have been conditioned upon recordation of all necessary permanent and temporary easements for construction. Applicant has acknowledged this requirement, but, notably, has not requested any easements from Appellant. Appellant is unwilling to grant easements to Applicant for the project as approved, which Appellant considers in violation of the Code, the Master Plan and the covenants encumbering the Lion Square property and detrimental to its property and to the Town and its residents and guests as a whole. + The Lion Square Lode -North Building redevelopment, as approved, violates the Protective Covenants of Vail/Lionshead, Third Filin 7 (the "Covenants"). The Covenants benefit and burden all properties located {00042137 / 1 } 3 within the Vail/Lionshead Third Filing, which includes both Appellant's and Applicant's properties. The Covenants were adopted, in part, to establish and maintain the character and value of property in the Vail/Lionshead, Third Filing area. Appellant understands that the Town considers enforcement of covenants to be a private contract issue which does not involve the Town. Nevertheless, Appellant notes that the approved redevelopment violates various provisions of the Covenants and fails to consider the effect of any proposed improvement on the outlook of any adjacent or neighboring property as required by the Covenants. • As noted by a member of the PEC, Applicant's proposal for employ housing inay not satisfy Title 12, Chapter 13 of the Code. Section 12-13-1 of the Code recognizes the importance of providing quality living and working conditions for the community's work force. .Appellant urges Town Council to ensure that Applicant complies with the Town's employee housing requirements to assist in the fulfillment this critical objective. {00042137/1} 4 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated form the subject property by aright-of--way, stream, or other intervening barrier). Pursuant to the instructions of Town Planner Bill Gibson, all of the foregoing information is contained in the Town's records relating to this matter and is, thus, not required. {00042137 / 1 } 4. Provide stamped, addressed envelopes for each property owner listed in (3). Pursuant to the instructions of Town Planner Bill Gibson, the Town will provide all items necessary to deliver proper notice of this appeal. Please contact counsel for the Appellant, Alexander A. Preiser, at (303) 442-1900, if any further items are required from Appellant in connection with this appeal. {00042137 / 1 } JOHNSON ~ REPUCCI LLP ATTORNEYS AND COUNSELORS AT LAW 2521 BROADWAY, SUTPE A BOULDER, COLORADO 80304 TELEPHONE 303-442-1900 Alexander A. Preiser TELEFAX 303-442-0191 BDULDHR aapreiser@j-rlaw.com www.j-rlaw.com WINTER PARK July 26, 2006 VIA ELECTRONIC MAIL Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Lion Square Lodge -North Building (PEC06-0019) Dear Town Council Members: As you maybe aware, this firm represents Montaneros Condominium Association, Inc. (the "Association"), whose individual members are all of the owners of units located in Montaneros Condominiums ("Montaneros"). This letter follows up on the Association's July 14, 2006 appeal (the "Appeal") of the approval by the Planning and Environmental Commission (the "PEC") of the referenced project (the "Lion Square Redevelopment Proposal") and supplements the objections of the individual owners of units in Montaneros. Throughout the review and approval process for the Lion Square Redevelopment Proposal, the Association has maintained that such proposal, despite certain revisions thereto, is contrary to and in violation of the Town of Vail's Town Code (the "Town Code") and the Lionshead Redevelopment Master Plan (the "Master Plan"). 1. The Lion Square Redevelopment Proposal fails to achieve the objectives of the Master Plan and the LMU-1 Zone District. The Master Plan promotes the enhancement and strengthening of the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. This concept is repeatedly emphasized throughout the Master Plan. Similarly, the Town's Zoning Regulations recognize the importance of ensuring adequate light, air, open space and other amenities within the LMU-1 Zone District. Nevertheless, the Lion Square Redevelopment Proposal ignores these fundamental design objectives, as more particularly described in the Appeal. Despite the Association's objections presented both to the PEC and discussed directly with the applicant, revisions to the Lion Square Redevelopment Proposal included no changes to address the concerns raised by the Association related to elimination of both view corridors and sun access. This is readily apparent from a review of the sun shade analyses included in the various submittals for the Lion Square Redevelopment Proposal. {00042830 / 1 } Town Council July 26, 2006 Page 2 2. The Lion Square Redevelopment Proposal fails to complywith other directives of the Master Plan. (a) , Section 8.4.2.3 of the Master Plan provides that the building faces for this project may have a maximum initial eave height of 60 feet, at which point those faces must step back a minimum of 12 feet.. The east and west towers of the approved Lion Square Redevelopment Proposal, which have an absolute building height of 82 feet, do not appear to comply with this step back requirement. (b) Section 2.3.3 of the Master Plan stresses that redevelopment in Lionshead must promote improved occupancy rates with "warm beds". The Lion Square Redevelopment Proposal fails to address this goal. In particular, the Lion Square Redevelopment Proposal includes luxury penthouse units which, likely, will not be included in a rental pool. The Association suspects that these units will often sit empty, not contributing to the warmer, more vibrant environment .that the .Town seeks to establish, as stated Section 2.3.1 of the Master Plan. 3. The Lion Square Redevelopment Proposal violates the Town of Vail Zoning Regulations. (a) East Tower. The Lion Square Redevelopment Proposal contemplates the erection of a new east tower upon the existing nonconforming one-story building located on the common boundary of the Montaneros and Lion Square properties, with an existing deck that extends onto the Montaneros property. According to the applicant, the existing building will remain in place and the tower will be erected thereon. Engineering of the east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing building to support the proposed east tower. Any reconstruction of the existing building violates Town Code Section 12-8-1, applicable to nonconforming structures, and impermissibly expands the use of the easement granted by the Association. (b) Parking Structure. In response to the Town's concerns regarding the parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in the revised plans to include a covered parking structure. However, the roof and/or the retaining wall of the proposed parking structure encroaches into the required ten foot setback area. Moreover, the sod covered roof was added to the Lion Square Redevelopment Proposal in response to the PEC's objection to the lack of public amenities provided by the applicant, as required by Section 12-7H-18 of the Town Code. However, the Association maintains that a sod covered roof is not a public amenity, and the Association has serious concerns regarding the engineering of the roof, including drainage, and the potentially dangerous impact on the Montaneros property. (c) West Tower. By way of background, the predecessor-in-title to the Montaneros property carved off a portion of its property creating the Montaneros acid Lion Square parcels as currently configured. This conveyance was made based upon the plans for the existing Lion Square building, the western end of which is located approximately 60 feet from {oooazs3o i ~ ~ Town Council July 26, 2006 Page 3 the Montaneros building. The Town's setback requirements, adopted subsequent to that conveyance, provide fora 10 foot setback from the property line, with the intended result of at least 20 feet separation of buildings. Contrary to this intent, the 82 foot west tower contemplated by the Lion Square Redevelopment Proposal would be located far less than the intended 20 feet from Montaneros' west units. A 360 degree rendering presented by the applicant at a PEC hearing, a copy of which has been denied to both the Town and the Association, gives a good idea of just how close the building would actually be. (d) Variances. Various portions. Lion Square Redevelopment Proposal are clearly impermissible under applicable zoning regulations, and, as more particularly detailed in our prior correspondence to Mr. Gibson, there are no grounds to support the issuance of variances to permit these structures. 4. The parkin plan of the Lion Square Redevelopment Proposal is not workable and violates the Town's Development Standards. The applicant has proposed a combination of self- parked and valet parking spaces. However, many of the parking spaces are smaller than that required by the Town's Development Standards. Moreover, no explanation has been provided as to how the valet parking plan will be staffed and operated within the space provided, which is insufficient to move cars. 5. As noted by a member of the PEC, the employee housing component of the Lion Square Redevelopment Proposal may not satisfy Title 12 Chapter 13 of the Code. Section 12- 13-1 of the Code recognizes the importance of providing quality living and working conditions for the commuiuty's work force. The Association urges the Town Council to ensure that the Lion Square Redevelopment Proposal complies with the Town's employee housing requirements to assist in the fulfillment this critical objective. 6. The Lion Square Redevelopment Proposal violates the private property ri hg_ts of nei hboring~roperty owners. (a) Easements. Despite the applicant's statements to the contrary, based upon our review of the Lion Square Redevelopment Proposal, we believe that both temporary and permanent easements over Montaneros property will be required for such redevelopment. We see no way that the proposed structures can be erected without crossing onto Montaneros property and thus requiring easements. More importantly, the Association has serious concerns about the applicant's claims that no excavation shoring will be required offsite, and, thus, no easements are required for this purpose. The wall of the Lion Square parking structure is proposed to be located within a few feet of the Montaneros building, seemingly requiring at a minimum temporary, and possibly permanent, easements for excavation shoring to protect the Montaneros building. Please be advised that the Association will not approve any work on its property, or grant easements to Lion Square for any purpose, in connection with the currently existing Lion Square Redevelopment Proposal which, the Association believes to be in violation of the Town Code, the Master Plan and the Covenants (as defined below) and detrimental to the Montaneros property and to the Town and its residents and guests as a whole. {00042830 / 1 } Town Council July 26, 2006 Page 4 (b) Protective Covenants of Vail/Lionshead, Third Filing_(the "Covenants"). We continue to urge the Town, as a party with enforcement rights under Section 19.1 of the Covenants, to consider the provisions of the Covenants, several of which are violated by the Lion Square Redevelopment Proposal as approved by the PEC. 7. The Association was denied its right to a full and fair hearing. Although the Association appreciates all of the assistance provided by Bill Gibson and the careful consideration of the PEC with respect to the Lion Square Redevelopment Proposal, the failure of the applicant to note revisions in the plans for the benefit of the PEC and the public, denied the Association the opportunity to "submit exceptions to the record, contentions, and arguments with respect to the issues entailed" as required by Section 12-3-6 of the Town Code. Please refer to the Appeal for details of this matter. Please consider the foregoing matters at your August 1, 2006 hearing on the Lion Square Redevelopment Proposal in addition to any other matters that caused the members of the Town Council to call-up this decision for review. On behalf of the Association, we thank you for your continued time and assistance with this matter. Very trul ou s, 4 Alexander~A. Preiser cc: Bill Gibson Montaneros Condominium Association {00042830/1} Attachment: C PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,. June 26, 2006 ~-1~' Oi' ~'~ , PROJECT ORIENTATION-Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Dick Cleveland Rollie Kjesbo Bill Jewitt Bill Pierce MEMBERS ABSENT Anne Gunion Site Visits: 1. Lion Square Lodge North - 660 West Lionshead Place Driver: George Public Hearing-Town Council Chambers 12:00 pm 2:00 pm A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Tabled to July 10, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE:6-0-0 30 minutes 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's r Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-1-0 (Cleveland opposed) CONDITIONS: Prior to Application for Building Permits 1) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 2) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal Page 1 3) Prior to application for building permits, the. developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Prior to Requesting a Temporary Certificate of Occupancy 4) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town. of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of .occupancy. In addition, the deed- - restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 5) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June 15, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of $45,500. For the Life of the Project 6) For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. Recommendation to the Vail Town Council 7) The Planning and Environmental Commission forwards a recommendation of approval for an amendment to the Lionshead Redevelopment Master Plan build-to-lines to allow the applicant to construct the proposed parking area sod roof within the required setback to allow for a continuous landscape area between Lion Square Lodge North and the Montaneros. Staff presented the application pursuant to the memorandum to the Commission dated, June 26, 2006. The applicant, represented by Chip Meiick gave a presentation of the proposed development application, including a 3-D model presentation. David Viele gave a brief presentation of the proposal which included a summary of the proposal's compliance with the prescribed criteria for a major exterior alteration. Chip Glazier, owner within the Montaneros Condominium Association, expressed his concerns with the proposal and emphasized the negative impacts of further construction in Lionshead. Maxine Glazier, owner within the Montaneros Condominium Association, expressed her concerns with potential negative impacts to the structural integrity of Monteranos building. Page 2 Jack Hunn, representing Vail Resorts Development Company,' shared his support for the redevelopment of the Lionshead Square Lodge North major exterior alteration application. Alex Prieser, representing several Montaneros homeowners, expressed concerns with lack of compliance to the Lionshead Redevelopment Master Plan and the presence of a non- conforming structure. He expressed concerns regarding lack of timely information from the applicant. He also shared concerns regarding easements and the need for further communication. David Viele explained how the application addressed the non-conforming structure issue and the revisions made to the plans since the previous public meeting. Lee Sackna, legal representation for Viele Development, reiterated that the proposal was in compliance with the Lionshead Redevelopment Master Plan. He further explained and responded to the issued raised by the Montaneros owners. Commissioner Cleveland indicated that the application was in compliance with the Lionshead Mixed Use - 1 zone district. He expressed his dissatisfaction with the lack of on-site employee housing and suggested that this application be required to meet its employee housing obligation on-site. Commissioner Jewitt expressed his support for the application as submitted given the proposed conditions of approval. He indicated the need for public art as part of the proposal to mitigate the impacts of development and to improve the pedestrian experience. He further emphasized the need for the exterior colors to remain interesting and vibrant. He recommended that the employee housing requirement must comply with the Town's housing policies. Mr. Jewitt expressed his support for a Lionshead text amendment to amend the build to line to allow for a completely covered parking structure. Commissioner Kjesbo agreed with the findings expressed in the staff memorandum. He asked that condition #5 be amended to strike the ability for Public Works to waive the traffic impact fee and proposed that an additional fee be assessed for South Frontage Road improvements. Commissioner Pierce had no additional comments. Commissioner Bernhardt expressed his support for the application and reiterated the many of the comments of the other Commission members. Chairman Cahill shared his support for the application given its compliance with the Lionshead Redevelopment Master Plan. He shared his belief that additional contributions were needed for the AIPP program. Fie suggested and forwarded his support for a master plan amendment to the Vail Town Council for changes to the build to lines to create a better transition between property lines. David Viele responded to the input provided by the Commission. Mr. Viele was generally supportive of the Commission's input. 20 minutes 3. A .request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the Lionshead Redevelopment Master Plan, to require no net loss of parking, no net. loss of Page 3 r %f. t t - f W ~ ~] .. . _ ' ' «` ~~' ' - ~ _ :fit;` .w. n I a (~ i ~~ _' F -~ i,~ ~ ~ . - ~. r 4 ,f *, -^. '~ I ~.~ ~ a Eta cq ~ Y;"- 9 ... _ ~' ~ T.r :~. _ .: R v .~ s ~ \. ~ ~ -, 311 ' ~ .~ ~ . ~ ~ 1 ~ r( p ~ ,tS~A yf E' {~ '~'S ~ ~ e. ~y_ ~ ~~'~.. ~IP~ 'Zf' Y ~~'~ , r < d ~ ~ . ~ ,~i,v* ti~ =r . ~ ~ ... ~ ~.~.ye, ~ ~:~"'~$Ji~~-~ .y _ ~~ '~~~ u. ~ . ~s',3"~~-,.r.~ .`_.°+;~ 'v ~e.% - .. 1Ss .y6."xv.._ ~~~~. r` _ _ d 2htik R 'R 7<,~ ~ ` ~ AF Y ,.. 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"~ 1 ~~ i' ~~6 ~ fir" _~~'. ;~. ~` ~ ~ ~y e F ~ ,~, ~ ,~ jy° ~ ti *, - ~ 4 ~ ~ ~:. f k g ' ,~ ~ A'~" / +F,A -~ Y P~.1 `~ •' 4 L 4-.1~' 1 ~ 1{~i~~l~ 'J A - ~ .' f ;i' ~ ~ -~ ~- , "3 S' '15Y ~:'~ •, .via-~`A ~ ~ ~fHc.i 1.0"' ~ ~n ~ - ` _ -9 ~ 'K ~ _~~, y 2C'- rDkN- ~ ;rte ss~ ~~1' `T ~~~ r r'^"~ . , ,_:. ~. wT »-~ n.- _•=fi. ~:~'+'e+r. ~w ~' ~ ,..,.~.._ $~~'~"~1-.• ti ~, .. ~,-c ..vrlw... ~..".. ~~ ;i~.-r.;;„ '~7 ~~~^~~'`"~-_~1 . ~ - ~. i--~ --1~^ Y...- ~,~,- -" _~ ' ,,,.~-.' , ~. __ Attachment: F THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, August 1, 2006, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Appellant: Vail Town Council and Montaneros Condominium Association, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. ,; Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Attachment D MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 26, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented- . by Viele Development, LLC Planner: Bill Gibson I. SUMMARY The Community Development Department recommends that the Planning,=~-and Environmental Commission approves with conditions the request for a final review of a major exterior ~ alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge North, located at 660 West Lionshead Place, is zoned Lionshead Mixed Use 1 District (LMU-1 ), and is located within the Lionshead Redevelopment Master Plan area. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). The applicant is requesting approval of a Major Exterior Alteration to allow for the construction of 9 new dwelling units; 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. The applicant's zoning calculations. (Attachment B), the applicant's master plan compliance analysis (Attachment C), the applicant's summary of mitigations of development impacts (Attachment. D), the applicant's proposed employee housing mitigation (Attachment E), the applicant's letter about communication with adjacent property owners (Attachment F) and proposed architectural plans (Attachment G) have all been attached for reference. Additionally, correspondences to the Commission from property owners within the Montaneros Condominium Association have also been attached for reference (Attachment H). III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. At an undetermiend point in time, the Lion Square Lodge North development site was subdivided from the Montaneros Condominium Association property. Based upon the original development plans and associated documentation; the existing Lion Square Lodge North was originally named the "Montaneros II". According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District (CC2) and was rezoned to Lionshead Mixed Use 1 District (LMU-1) in :>.:~.~~:,,e~= 1999. The Planning and Environmental Commission conceptually reviewed this proposal at its May 8, and May 22, 2006, hearings. At these hearings, the Staff presented the __._.... Commission a summary of the zoning code and master plan provisions that are applicable to the review of this proposal and the applicant presented a general overview of the proposal IV. ROLES OF THE REVIEWING BOARDS ... ~. ~~lbr;:~~: The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff in review this major exterior alteration application: Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. " Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, 2 and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating. the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction Chapter 4: Master Plan Recommendations -Overall study Area .:.~ Chapter 5, Detailed Plan Recommendations Chapter 6, Site Design Guidelines Chapter 7, Design Standards Chapter 8, Architectural Design Guidelines Zoning Regulations Lionshead Mixed Use -1 Zone District 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed. to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable fo inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redeve/opment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrianlbicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following .uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. - - Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses .determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4 Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type Ill (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. - Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Cgmmercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. .,.,---• • - - 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary, for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional 6 fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building. owner's authorized agent or representative on a form provided by the administrator.. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements maybe waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. 'Mork Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of .this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7H-9: LOT AREA-AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10; SETBACKS: The minimum building setbacks shall be ten feet (]O) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK. Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with .the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed. and approved by the Design Review Board. 12-7H-12: DENSITY (DWELLING UNITS PER ACRE}: Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, time share units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit ; as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled fo additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 8 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) the required parking shall be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTTVITY.• A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. 8. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tracbbank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS Address: 660 West Lionshead Place/ Legal Description: Lot 8, Block 1, Vail Lionshead Filing 3 Lot Area: 0.95 acres (41,513 sq. ft.) Zoning: Lionshead Mixed Use 1 (LMU-1) Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed/Required Setbacks All Sides: 10 ft. min. Building Height: 71 ft. avg. 82.5 ft. max. Density (dwelling units): 36 DUs (133% of 27) max. G R FA: Retail Space: Site Coverage: Landscape Area: 103,782 sq.ft. max. N/A 29,059 sq.ft. (70%) max. 8,302 sq.ft. (20%) min. 9 Proposed 10 ft. 52 ft. avg. 78 ft. max. 36 DUs 49,394 sq. ft. 650 sq. ft. 26,509 sq. ft. (64%) 11,100 sq. ft. (27%) VII. VIII. Parking: Employee Housing 53 total spaces min (51 DUs + 2 Retail) 1 Type III/IV EHU min SURROUNDING LAND USES AND ZONING Land Use North: Residential South: Mixed Use East: Mixed Use West: Mixed Use 53 total spaces 1 Type III/IV EHU (off-site) Zoning Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District Lionshead Mixed Use 1 District MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with.:th:e~purposesz~-~ ~~r:.~~ .rR~:~a~;~~ of the Lionshead Mixed Use 1 zone district; - --' -----~ Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing the construction of 9 new dwelling units, 650 sq. ft. of new retail space; a new fitness center for owners/guests; 53 total structured and surface parking spaces; a significant re-face of the existing building exterior; and re-landscaping of the development site. Each of these proposed uses comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of .the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction 10 Section 2.3 of the Lionshead Redevelopment Master Pian outlines the six policies objectives of the plan: 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2) Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. 4) Improved Access and Circulation ~~c ~~.~~~ The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 6) Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. Staff believes the proposed major exterior alteration conforms to these policy objectives. The proposal will significantly upgrade the architectural and aesthetic quality of the Lion Square Lodge North property in keeping with the identity and character of the adjacent redeveloped properties such as Arrabelle, Marriott, Antlers, and Montaneros. Staff believes the improved pedestrian access, streetscaping, and landscape improvements along the south of the Lion Square Lodge North that are being proposed and that have been coordinated with the Arrabelle project, in addition to a new street level retail space at the east side of the property, will increase the vitality of the Lionshead area adjacent to the Lion Square Lodge North property. The existing Lion Square Lodge North building is only comprised of dwelling units with no existing accommodation or fractional fee units. However, many of these existing dwelling units are rented to guests and function as "warm beds" (not "hot beds"). The proposed major exterior alteration only includes the construction of additional dwelling units, and as allowed by the provisions of theLionshead 11 Mixed Use 1 District, no accommodation or fractional fee units are proposed. It is anticipated that both the existing and new dwelling units will continue to function as "warm beds" in the same manner as the existing Lion Square Lodge North. The Lion Square Lodge North has been, and plans to continue, coordinating with the Arrabelle development project to improve the access, circulation, and infrastructure of Lionshead adjacent to the site. Chapter 4: Master Plan Recommendations Section 4.3 of the Lionshead Redevelopment Master Plan address the physical connection of Lionshead to the natural environment. Sub-Section 4.3.1.1 address the need for the preservation "public" view corridors (none of which exist near this site), but not the preservation of "private" view corridors. Sub-Section 4.3.1.2 recommends a north-south axis orientation for buildings to lessen negative impacts to sun access and mountain views for streets and existing buildings. Staff believes the applicant has addressed this plan recommendation by designing "tower-like" additions to the west and east ends to the existing Lion Square Lodge building. The existing building has an east-west axis orientation which can not be re-oriented without the demolition of the existing building. Staff -• ~ ~:~~rts~~t,pte•~Ft~ believes the proposed "tower-like" additions will have much less impact to sun access or views than a zoning compliant design adding building bulk/mass and height over a larger area, or the entire area, of the existing building. Section 4.6 of the Lionshead Redevelopment Master Plan addresses vehicular and pedestrian circulation. Staff believes the applicant's proposed landscaping and site improvements, plus ongoing coordination with the Arrabelle project improve the vehicular and pedestrian traffic and circulation adjacent to this site. Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. The proposed major exterior alteration provides sufficient parking for the proposed new uses and remedies an existing non-conforming parking situation for the existing Lion Square Lodge North dwelling units. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. The applicant is proposing to mitigate the Lion Square Lodge North's employee housing needs by purchasing and deed-restricting an off-site employee housing unit of no less than 700 sq. ft. and one bedroom in size. The Town of Vail Housing Coordinator has determined that the applicant's proposed mitigation meets the Town's employee housing requirements and is consistent with the mitigation methods approved for other similar re-development projects. Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art. Since the Lion Square Lodge North is not located on the Lionshead "retail mall", the applicant is not proposing any public art at this time. 12 Chapter 5: Detailed Plan Recommendations Section 5.12 of the Lionshead Redevelopment Master Plan addresses the entirety of the Lion Square Lodge (North, East, and South buildings). This detailed plan recommendation was drafted prior to the review and approval of the Arrabelle development project. In Section 5.12, concerns were noted about the no longer existing vehicular traffic through the Lion Square Lodge site and recommendations were made for an improved pedestrian connection between all the Lion Square Lodge buildings. With the current Arrabelle project, a significant portion of the vehicular circulation through the Lion Square Lodge is now located below grade. The pedestrian connection between all three buildings and the pedestrian connection to the Lionshead ski yard and mall have also been enhanced. Section 5.12 also discusses the screening of parking at the Lion Square Lodge (primarily the East and South building's surface lot). The applicant is proposing to construct below grade structured .parking and surface parking with a sod roof cover to screen the new parking. Chapter 6: Site Design Guidelines The Lion Square Lodge North building has coordinated with the Arrabelle project -- - to improve the pedestrian circulation and access adjacent to -this site. The applicant is proposing sidewalk, landscaping, and lighting consistent with the Lionshead streetscape design. Chapter 7: Development Standards This proposed major exterior alteration request conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also be reviewing this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of the Lionshead Redevelopment Master Plan. Since the Board has conceptually reviewed this proposal and the Board's initial response was very favorable; a more detailed review has tentatively been schedule for July 5, 2006. As this proposal involves the renovation of an existing building, rather than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case-by-case basis, .with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein" rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently developed/re- developed adjacent Antlers, Marriott, Montaneros, and Arrabell. 13 There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to building eaves, wall surfaces, wall spans, ridge heights, building materials and colors, and roof dimensions and pitches. This major exterior alteration conforms to the guidelines for wall spans, building materials and colors, roof dimensions, and roof heights. The proposal does not conform to the roof eave heights, roof forms, wall surface, or wall span requirements. Staff believes these deviations are caused by the existing building form and design. Staff believes the applicant's request meets the intent of these guidelines, and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. For example, the entirety of the existing Lion Square Lodge North building has a flat roof. The master plan guide lines require pitched roof buildings with only secondary flat roof elements limited to 500 sq. ft. in size. The proposed .new elements of the building (i.e. the two "tower-like" elements) comply with this standard. To upgrade the existing building to meet the intent, not the strict requirement, of this guideline the applicant is proposing to construct new mansard and hipped roofs features. These mansards and hipped roofs will mask the existing large flat roof, give the appearance of a pitched roof building, and improve the overall aesthetic quality of the building. 3. That the proposal does not otherwise have a significant negative..effect:.on ~- ~ha,~~r4~= ;~ the character of the neighborhood; and, Staff Response: Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan and the ..general character of the recently redeveloped adjacent. properties including Antlers, Marriottt, Arrabelle, and Montaneros. As with other redevelopment projects in Lionshead, such as the Arrabelle, this proposal will affect sun/shade and the private mountain views of those adjacent properties located to the north. The proposed major exterior alteration will cast more shadow on the adjacent Montaneros building and pool compared to the existing Lion Square Lodge North building. However, the non-conforming, close proximity of the Montaneros building to the Lion Square Lodge North property line (less than 1 foot) and the location of the Montaneros swimming pool patio (6 feet from the property line, 3 feet from the easement) exacerbate the shading effect of this proposal. Staff believes the applicant's two "tower-like" elements will have less impact to sun/shade and private views than other design alternatives allowed by zoning and the Town's Comprehensive Plan. Neither the Vail Town Code, nor the Vail Comprehensive Plan, regulate or protect private views. The Planning and Environmental Commission is only charged with preserving "public" view corridors adopted by Chapter 12-22, View Corridors, Vail Town Code. 14 This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. Based upon a traffic study prepared by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, there will be an increase of 7 vehicle trips to the Lion Square Lodge North site at peak times. The applicant has been assessed a traffic impact fee by the Town of Vail to mitigate this increase in traffic. Staff does not believe this increase of 7 vehicle trips will have a significant negative effect in comparison to existing traffic conditions. In summary, Staff does not believe this proposal will have a significant negative effect upon the character of the neighborhood; instead this proposed major exterior alteration will redevelop the Lion Square Lodge North to be more in keeping with the intent of the Lionshead Redevelopment Master Plan. 4. That -the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: :~~i~~~:~;- Staff has reviewed the Vail Comprehensive Plan to determine which element-s•~of~, ~ • 9f:~~~-:®t~~a the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Lionshead Redevelopment Master Plan (adopted 1998) This proposal conforms to the Town of Vail's transportation and engineering standards. The applicant has also agreed to make a financial contribution to the Town of Vail in the form of traffic impact fees in accordance with the recommendations of the Transportation Master Plan. Therefore, Staff believes this proposal substantially complies with the applicable elements of the Transportation Master Plan. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criteria #2 above). In summary, Staff believes that the applicant has presented evidence that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive-Plan. IV. MITIGATION OF DEVELOPMENT IMPACTS Employee Housing As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for major exterior aleration proposals. 15 In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriottt, Four Seasons, Manor Vail Lodge, Vail Village Inn, Crossroads, Ritz Carlton, Arrabelle, etc. development projects. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development: "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer ,.~,E#r:fi~=:~~~~ •- must provide for the new employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. Since this proposal complies with the allowed density, the 15% figure has been used. Employee Generation Calculations a) Multi-Family (Dwelling Units) 9 new units proposed @ (0.4/unit) = 3.6 employees b) Retail 650 sq. ft. @ (5.0/1000 sq. ft.) = 3.25 employees 6.85 employees x .15 1.03 employees According to the calculations above, the applicant must establish 1 new deed- restricted employee bed ("pillows"). The applicant is proposing to provide the required deed-restricted employee housing unit off-site by purchasing and deed restricting a unit of no less than 700 sq. ft. with no less than one bedroom. The Town of Vail Housing Coordinator has reviewed the applicant's employee s .. 16 housing mitigation proposal and has determined that proposal meets the Town of Vail's employee housing requirements and is consistent with other mitigation proposal approved for similar development projects. Parkin The Lion Square Lodge North has 29 existing, functional parking spaces. The original approval of the building required 38 parking spaces for the existing 26 dwelling units; however, the configuration shown on the original condominium plat of the project was not constructed. With this major exterior alteration proposal, the applicant will be providing the required parking for the new retail space and the 9 new dwelling units. Additionally, the applicant will be constructing 9 additional new parking spaces to remedy the existing parking shortfall As part of this major exterior alteration, the applicant is proposing to construct a total of 53 parking spaces with 29 constructed in a below grade structure and 24 constructed above on a surface lot. The majority of the surface spaces will be screened from view by the installation of a sod roof covering. Traffic The proposed new dwelling units and retail space will likely increase the traffic flow to and from the Lion Square Lodge North site. To mitigate the effects of this increased traffic, the applicant will be making a financial contribution to the Town of Vail in the form of a traffic impact fee of $45,500. This fee is based upon an assessment of $6,500 per increased traffic trip at peak hour. A traffic study by Kimerly Horn, which has been reviewed and approved by the Town of Vail Public Works Department, has determined that at peak hour this proposal will add 7 new vehicle trips. Landscaping/Streetscape As noted above, the applicant is proposing to install a sod roof covering over the majority of the parking area to screen it from view. The. existing .Lion Square Lodge North has minimal existing landscaping, which primarily consists of a grass lawn. As part of this major exterior alteration request, the applicant is .proposing to re-landscape the site (including trees, shrubs, planting beds, sod, etc.) to provide both screening of the building and an improved street presence for the property. The applicant will be coordinating the installation of landscaping with the Arrabelle development project. Coordination with Other Redevelopment Projects As noted by the applicant, Lion Square Lodge North has granted easements and access agreements to Vail Resorts for pedestrian and vehicular circulation, construction staging, water retention, and utility upgrades associated with the Arrabelle redevelopment project. The .applicant will also be coordinating the installation of their proposed landscaping with the Arrabelle development project. 17 New Retail Use The existing Lion Square Lodge North consists of only dwelling units. As part of this requested major exterior alteration, the applicant is proposing to construct a new 650 sq. ft., first floor, retail space adjacent to the pedestrian path on the east side of the building. This new retail space transforms this existing wholly dwelling unit building into amixed-use project in keeping with the intent of the Lionshead Redevelopment Master Plan. Art in Public Places and Off-Site Road/streetscape Improvements At this time the applicant is not proposing specific contributions to art in public places or off-site road/streetscape improvements adjacent to the Lion. Square Lodge North (currently being constructed and funded by Vail Resorts as part of the Arrabelle development project). X. STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission evaluate if a contribution to art in public places and/or the off-site road and streetscape improvements along Lionshead. Place (currently being funded by Vail Resorts) are necessary as mitigation of this proposal's development impacts. Staff also recommends the Planning and Environmental Commission consider forwarding a recommendation to the Vail Town Council to amend the "build-to-lines" of the Lionshead Redevelopment Master Plan to allow the applicant to construct the proposed parking area sod roof within the required setback. Staff believes extending the sod roof and creating a continuous lawn/landscape area between the Lion Square Lodge North and the Montaneros better meets the intent of the Lionshead Redevelopment Master Plan than the strict application of the 10 foot setback requirement prescribed by the Lionshead Mixed Use 1 District. Staff believes such an amendment to facilitate a continuous lawn/landscape area would create a "win-win-win" for the Montaneros, Lion Square Lodge North, and the Town of Vail's citizens and guests. The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the major exterior alteration review criteria outlined in Section VIII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve this major exterior alteration request with conditions, Staff recommends the Commission make the following findings part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not 18 otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " Should the Planning and Environmental Commission choose to approve this major exterior alteration request, Staff recommends the following conditions: Prior to Application for Building Permits 1) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 2) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. 3) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal. Prior to Repuestinq a Temporary Certificate of Occupancy 4) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing of no less than 700 sq. ft., with no less than one bedroom, that complies with the Town of Vail Employee Housing requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 5) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. Per the Traffic Study dated June I5, 2006, this major exterior alteration will result in 7 additional vehicle trips in the peak hour. Therefore, the applicant shall pay a transportation impact fee of $45,500. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. For the Life of the Project 6) For the life of the project, the development shall install, operate and maintain an approved intelligent transportation sight distance system. This shall include adequate detection devices and warning system. The system shall address all turning movements that have inadequate sight distance. 19 Xi. ATTACHMENTS A. Vicinity Map B. Applicant's Zoning Calculations C. Applicant's Master Plan Compliance Analysis D. Applicant's Mitigation of Development Impacts Letter E. Applicant's Employee Housing Mitigation Letter F. Applicant's Letter about Communication with Adjacent Properties G. Proposed Architectural Plans H. Adjacent Property Owners' Correspondence 20 __ , ., f' ~ rd'. ( ~ l ~:. -~r~ ~ Lion s Square Lodge North -~ ~ _ ~~~ ~ ~ _ _ 635 Lionshead Place ~`~ ~ ~ ~~ t r>~ a.`fi ~'~'~~~ :Planning and Environmental Commission -April 24, 2006 - ~°~ .>~ .,,~, ~~, ~ '. i ~ ~ ~ ~~ r' i ~ # ~ .: ~~ . ^:, ..w w` -'' ~ r . ti 'f-`'I' `G'~~ ~~ ~ ~ ." s' . ~ ~ ~_ ~ } ,..~. ~~'. •'1,z ~,~~, ~., Y~~ ~ ~I ~ "li. f .,~ it _ ~ ~r'~ ~~ .. ~F . :~ . -. ., y~t, ~~ ,Y. ~r .,,' ~_ - , r";,. ~ i 3 e ' ~ ~ } x ~ ~ fir. y ~. i ~J t f- g ,f ~f t ~~~' e` >~,~x r .. ~ , ~Y^ ,J~'y ~~ ~, ti~ • r ~. ~~ !'~ %. Wi .. j4~" 3 .,hit ~ 7:,, t vt.. ± Y.~w -y ~ I. r ~ ~f I • ~- ~ ~ lS t~ ~ ~ t~~~rl f _ b y ~ III r Y ,mac o~ ~ ~ 1 ' Ic +, f L ® 50 0 50 Feet This maP was createtl by the Town of Vail GIS Department. Use of this maP should be for general purposes only. 1 " - 100' The Town of Vail does not warrant the accuracy of the information contained herein. (parcel line work is approximate) Attachment: B LION SQUARE LODGE -NORTH Zoning Calculations 6/2106 i. GRFA 250 sf/100 sf build. site area conforms Allowable 103,782 sf Existing 24,229 sf Proposed 49,394 sf 48% Site Coverage 70% max conforms Allowable 29,059 sf Proposed 26,509 sf 91% Landscape 20 % minimum conforms Minimum Required 8,x02 sf Proposed 11,100 sf 134% Required Parking 1.4 per new dwelling unit - conforms Existing 38 New Required 13 Retail 2 Proposed 53 provided Parking conforms Compacts 25 % max, 8x16 12 Full 9x19 23 Valet 50% max, 8x18 14 HC 4 Total Provided 53 100 Employee Housing Unit 1 type III/IV 1 type III/IV off site c..,,.., ce„~~„o snow melted surface parking conforms Building Eave Height at Remaining Areas 60' max. eave height 12' min. step back conforms with intent conforms with intent Wall Surtace Criteria 35' maximum vertical face horizontal step required conforms with intent conforms with intent Exterior Wall Spans 30' maximum span at street level conforms with intent Primary Secondary Building Material Def. Primary: exceed 500 sf area Secondary: 500 sf area or less conforms conforms Primary Secondary Building Colors Primary: exceed 500 sf area Secondary: 500 sf area or less conforms conforms Primary Secondary Roof Definitions Primary: exceed 500 sf roof area Secondary: 500 sf root area or less conforms conforms Roof Dimensional Guidelines 30" min. eave and rake overhangs 18" overhangs at secondary roofs conforms conforms Roof Pitch Primary: 6:12 to 12:12 Secondary: 4:12 to 12:12 (dr flat) 12:12 conforms conforms Prepared by: Melick Associates MELICK ASSOCIATES INC Attachment: C f LION SQUARE LODGE - NORTH PROJECT COMPLIANCE -Lionshead Redevelopment Master Plan 6/2/06 Submittal to Community Development for the PEC and DRB approval process CHAPTER 5 -LION SQUARE LODGE Traffic Concerns - The vehicular circulation was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Site access via Lionshead Place was realigned to accommodate both surface and sub terrain access to the Arrabelle project for both lodging. vehicles and delivery vehicles. Anew curb cut was added along the south of Lionshead Place to serve as the new front door to the Lion Square Lodge providing gated and parking access for the facility. A curb cut has been added along the south property line of the North project to provide access to the new lower level of parking. The existing curb cut along the west property line of the North project has been maintained and shifted approximately five feet to the north to provide access to the surface parking. Service vans will use this entry point, under the west building, to service the building. A traffic impact study has been provided by Kimerly Horn to study the traffic impacts of adding nine new condominium units to the North project. They also provided the traffic impact study for the Arrabelle so they are familiar with the surroundings. Their report states that no infrastructure upgrades are required as long as no more than 13 units are added to the project. Pedestrian Connection between the Main Building and the North Building - Pedestrian access between the Main Building and the North Building was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Across walk .has been provided across Lionshead Place between the two properties that ties into the sidewalk along the north side of the realigned Lionshead Place. The primary pedestrian entrance to the North project is the east lobby entrance in the east tower along the east side of the property. This provides a clear pedestrian connection and defined vehicular corridor between the Main Building and the North project. Ski Yard Pedestrian Access - Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Access to the ski yard is obtained from north and south of the East Building. The North building project does not impact ski yard pedestrian access. Potential Development and Redevelopment Scenarios - The North project is undertaking major exterior renovations with the addition of two new condominium towers to the east and west of the existing building. This additional density has been designed within the allowable requirements of the Lionshead Mixed Use 1 (LMU-1) District. 25107 GENESEE TRAIL RD ARCHITECTURE SUITE ONE HUNDRED ONE I N T E R I ORS GOLDEN CO 80401 P L A N N I N G TEL 303.534.1930 WWW.MELICK.COM FAX 303.534.1931 CHAPTER b -SITE DESIGN GUIDELINES Primary Pedestrian Mall -not applicable Secondary Pedestrian Mall -not applicable Primary Pedestrian Walk - Vail Resorts is providing the snowmelted sidewalk along the north edge of Lionshead Place as part of the Arrabelle project. The North project will be providing a landscape buffer between the sidewalk and the units to the north. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not inten`ere with the pedestrian walk or snow storage requirements at mature growth. Secondary Pedestrian Walk -not applicable Vehicular Pedestrian Retail Street -not applicable Pedestrian Path - The North project is adding a pedestrian path for access to the first floor units that will not be snowmelted. The materials will be integrally colored stamped concrete consistent with the surface finishes being used at the Main Building pool deck. The width of this secondary pedestrian walk will be five feet. Lighting long this path is provided with low pathway bollards consistent with the architectural design guidelines. A lawn will be provided to the south of the path as a transition to the bermed landscaping to the south along Lionshead Place. This zone will be defined by a low stone wall. Fences and Enclosures - Service functions for the North project are being achieved within the building footprint and therefore will not require supplemental fencing. The outdoor hot tubs will be screened and privatized with the use of terraced stone walls softened with landscaping to the south of the west tower. Anew transformer will be located to the west of the west tower and will be screened and softened with the use of landscaping. Compliance with Town of Vail Streetscaoe Master Plan - CHAPTER 7 -DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site Coverage - A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Setbacks - A minimum of a ten foot setback will be provided as required. The existing one story structure in the Prescriptive Easement along the north property line will be left in place and reclad with stucco to be in keeping with the new design. Gross Residential Floor Area (GRFA) - The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Densi The density will not exceed 133% of the existing number of units. (see calculations attached) New Unit Definition -not applicable Building Height -also see Chapter 8 The building height will not exceed 71 feet (average) and 82.5 feet (maximum). CHAPTER 8 -ARCHITECTURAL GUIDELINES Architecture - The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height - The building height fifs within the maximum allowable of 71 feet (average) and 82.5 feet (maximum). The maximum initial eave height falls within the allowable for 'remaining building frontage'. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls - The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. A mansard roof element has also been added along the perimeter of the building, between the gable roof forms over the decks, to soften and provide detail to the new elevations. The east and west ends of the existing building are also defined with a higher roof forms and different yet compatible articulation. This articulation and vocabulary of materials and treatment are what define the east and west towers to provide for a uniform treatment of the building exterior. Materials and Colors - The base is defined either with a different darker stucco color or stone, as well as a break in plane. The middle is defined by a lighter color of stucco. The top is defined by a change in material and texture with vertical siding the same color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are white. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shapes and Types - All windows have a consistency of size and proportion throughout the elevations. Operable windows will be casement. The windows will be aluminum clad, bronze. All windows will be trimmed, the color white. Balconies, Guardrails .and Handrails - The balconies have been located to provide functional outdoor space and also to provide aesthetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a 'romeo and Juliet' balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal. The design of the railing system is patterned after the order of the building exterior elevations. Roofs - The roof forms being used include mansard roofs at the existing flat roofs, gable roofs over existing balconies, and hipped roofs with gabled roofs capping the new structures. The mansard roof form on the existing building is a practical means of tying the existing structure into the new design elements of the renovated exterior and new towers. The structural capacity of the existing building will not tolerate the addition of a full pitched roof. Adding a full pitched roof to the existing building would also greatly diminish the view corridor being maintained between the two new towers for the properties to the north. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of bx or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 accept as noted otherwise on the drawings. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters and downspouts are planned to be integral to the roof forms with interior downspouts. Fireplaces and Chimney - Stucco chimneys with open metal caps to promote air flow and screen spark arrestors are being provided for fireplace chimneys. Parkina - Parking Structure Design 1. Surface Parking - 22 surface parking spaces are provided with access from the ramp along the north property line. 2. Parking Decks - 34 parking spaces are provided in the lower parking level with access from the ramp from the south opposite the Antlers curb cut. The decks are primarily flat except for what is required to properly drain the decks. 3. Structured Parking a. Parking Spaces -The enclosed parking spaces are 90 degrees to the drive aisle and 9' x 19', with 8' x 16' compact parking spaces not exceeding 25% of the total of the total required parking spaces. Valet parking (13) spaces are 8' x 18' and do not exceed 50% of the required parking. b. Height Clearance -The height clearance of the parking structure will be a minimum of 7' clear. c. Drive Aisles -The drive aisles are two way and 24' wide. d. Ramps -The ramps between levels are 24' wide with 12% slope. 4. Parking Needs Assessment and Vehicular Circulation Parking a. Parking Count Maintain Existing 38 New for New Condos 13 (1.4 spaces for each unit) Retail 2 (2.3 spaces per 1000 s1 Total Parking Count 53 5. Circulation a. Existing curb cut and ramp location to remain basically the same. b. New ramp into the new lower level parking structure is located opposite the curb cut to the Antlers. c. 24' wide two-way drive aisles accommodate 90 degree parking stalls. Grading - 1. Maximum Finished Grade -The maximum finished grade does not exceed a 2:1 slope. The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence -The construction site will be properly surrounded by a non- removable construction fence during the construction process. 3. Erosion Control -Erosion control measures will. be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P.E. Terrace landscape walls will be within the 4' - 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30%. These walls will be veneered with stone. Geologic/Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. Attachment: D VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 2O2 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970)476-3423 June 20, 2006 Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Mitigation of Development Impacts Dear Mr. Gibson: JUN 21100fi TOWN OF VAIL Per the request of the Town of Vail Planning and Environmental Commission and per Section 12- 7H-18, Vail Town Code, the following list represents the proposed measures to be taken by our development team to mitigate the impact of the re-development of the Lion Square North Building: MITIGATION OF DEVELOPMENT IMPACTS New Retail Use 650 square feet of retail space will be added to the North-East corner of the East Tower. The current building does not have a retail or commercial use on the property. This new use will provide increased vitality to the west end of the Arrabelle Hotel. The space will be situated across from the western pedestrian tunnel of the Arrabelle, thereby extending the retail mall. Employee Housing An off site employee housing unit will be purchased and deed restricted by the developer. The unit will have a minimum of one bedroom and 700 square feet and will be located in the town of Vail. Parizing /Sod Roofed Courtyard The redevelopment of the Lion Square North Building will bring the current parking situation into compliance with the Lionshead Master plan and LMLI zoning. At current, the property has 29 functioning parking spaces where 38 are required. The building has been non-compliant since initial occupancy of the building in 1974. The redevelopment will provide the required 38 parking spots for the existing building in addition to the 1 S new spaces required by the incremental increase in density and retail use on the property. The parking will consist of one level of under-ground parking and a level of surface parking to be covered by a sod roof, to the extent allowed by the zoning standards, which will integrate with the adjacent property to the North thereby creating a landscaped courtyard between the two buildings. VIELE DEVELOPMENT, LLC 1 ~~~ S. FRONTAGE ROAD WEST SiIITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970)476-3423 Pedestrian Access In 2005, an access easement was granted to Vail Resorts by the Lion Square North Building HOA to allow for vehicular and pedestrian traffic across the south side of the Lion Square North Property. This easement was granted with the expectation that the redevelopment of the Lion Square North Building would be occurring in the near future and the pedestrian access across the Lion Square North property would add vitality to the area and provide greater access to the new Arrabelle Square. Landscaping In an effort to provide a pedestrian experience in keeping with the natural environment that surrounds our village, the pedestrian access through the south side of the Lion Square North property will be heavily landscaped and will have a berm to provide for separation from the Lion Square North Building and the pedestrian way. On the North side, a sod roof will be built over the first level parking deck to~the extent allowed by zoning, thereby creating a landscaped plaza that integrates into the adjacent property's landscaping. streetscape and Street Lighting The pedestrian access around the south side of the Lion Square North property will have a streetscape consistent with the streetscape built by Vail Resorts for the Arrabelle project. In addition, the sidewalks will have site lights in keeping with the Lionshead Master Plan. Tra~c Impact Fee The developer will provide the Town with improvements to the adjacent roadways and streetscape equal to dollar amount defined by Town of Vail planning staff and consistent with traffic impact fees of other approved projects. Benefits provided to Vail Resort to Enable Arrabelle and Lionshead Redevelopment: Numerous easements and access agreements were provided to Vail Resorts to allow for pedestrian and vehicular circulation, construction staging, water retention and utility upgrades throughout the core of Lionshead. All were granted with the expectation and understanding that the redevelopment of Arrabelle was in and of itself a benefit to the community and that each easement and favor granted would in turn beneft the community of Lionshead as a whole. 2 of 4 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 COROLLARY BENEFITS OF LION SQUARE NORTH REDEVELOPMENT i.Inder Utilization of Development Potential After substantial evaluation, the Lion Square North HOA and the developer chose not to maximize redevelopment to the extent possible by zoning standards in an effort to maintain as much of the current character of the neighborhood as possible. The Lionshead Master plan allows for considerable bulk and mass: the re-development plan, as proposed, amounts to a fraction of what could be built on the property under current zoning. The proposed project has less than 47% of the GRFA allowed on the site and is 73% of the average height allowed. While development options remain for the property, current design makes a redevelopment beyond the proposed scope unlikely. Great care and attention was paid to respecting the scale and character of the neighborhood, specifically with regard to adjacent property owners. The design as contemplated ensures the majority of views from the North will be maintained and preserved. Aesthetic and Functional Upgrade to the Property While the direct benefit of the proposed redevelopment will accrue to the property owners of the Lion Square North Building, the plan provides for a needed upgrade to an old and architecturally unappealing building. The Lionshead Master Plan was created with the intention of providing owners and developers with the incentive to upgrade and improve their properties such that the entire community of Lionshead and Vail as a whole would benefit. We feel the proposed design achieves that goal and will provide a substantial upgrade while creating additional economic vitality to the area. Upgraded Fire and Life Safety System: We recognize that the benefit of an improved and code compliant system will accrue to the owner and is mandated by the Town of Vail. However, it is important to note that this redevelopment is allowing that to happen in a timely manner, with a minimal impact to the surrounding areas. Simply put, the economics of the proposed plan allow for this upgrade. Given the increasing fire danger in our region and the ability of a fire to spread quickly in our Valley, each and every upgrade can be viewed as benefiting the whole. 3 of 4 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 SUMMARY The proposed development plan represents over five years of planning and numerous iterations of development proposals investigated by the Lion Square North HOA. The plan as proposed was recently voted on by each of the individual owners of the Lion Square North Building. The project received unanimous support from owners, with 100% of the 27 owners voting in favor of the project. The current plan complies with the Lionshead Master Plan and exceeds the requirements set forth for development impact mitigation efforts. We have included a retail use that currently does not exist on the property, have covered the parking to the extent zoning currently allows, we have developed less than half of the GRFA we are allowed under current zoning and are 30% below the average height requirements. In summary, we have gone to great lengths to be mindful of adjacent property owners and have made major modifications to our design in an effort to address some of the concerns that they have raised. Most importantly, we have maintained a view corridor through the Lion Square North property. We look forward to the opportunity to present this project to the Planning and Environmental Commission. Thank you for your time and consideration. Best Regards, ~ -~i~~~ David Viele Manager 4 of 4 Attachment: E VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SiIITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 June 15, 2006 Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 RE: Lion Square Lodge -North: Employee Housing Dear Mr. Gibson: Per our discussions with the Town of Vail Planning Staff and with the Town of Vail Housing Department regarding the Employee Housing Requirement for the. redevelopment of the Lion Square Lodge North building, we propose to provide anoff--site solution to meet our employee housing requirement. Our interpretation of the employee housing regulations for the Town of Vail, specific to the Lionshead Master Plan, is as follows: EMPLOXEE GENERATION: Multi Family Requirement: .4 per unit * 9 units = 3.6 Employees Generated Modifier = 15% as the project complies with Zoning Employee Housing Requirement for Condominium Llses: 3.6 '~ .15 = .54 Beds Requirement: Provide One Employee Bed Retail/ Commercial Requirement: Modifier = 15% as the project complies with Zoning 5-8 per 1000 SF 8/1000 * 650 SF of Commercial Space = 5.2 Employees Generated Employee Housing Requirement for Retail Uses: 5.2 * .15 = .78 Beds Requirement: Provide One Employee Bed Per, the above calculations, we have determined that the development, as proposed, will require an employee housing unit with two beds. We propose to provide an off-site type III or IV Employee VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST, SUITE 202 VAIL, COLORADO 81657 Telephone: (970) 476-3082 Fax (970 476-3423 Housing Unit with one bedroom, within the town of Vail. The unit will be a minimum of 700 square feet. Please call with any questions related to this proposal. Best Regards, 1 ~ / /~ David Viele I_// Manager Attachment: F VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 June 23, 2006 Bill Gibson, AICP Planner II Town of Vail Planning Department 75 South Frontage Rd. West Vail, Colorado 81657 °~~~ D JUN 2 3 2p06 TOWN OF VAIL RE: Summary of ~orts made to communicate with adjacent property owners Dear Mr. Gibson: Per your recommendation, the following list highlights the efforts that have been made by our development team. and the Lion Square North Home Owners Association to communicate our plans for redevelopment with adjacent property owners. EFFORTS AT COMMUNICATION WITH ADJACENT PROPERY OWNERS • Prior to the involvement of the current development team, numerous meetings were held between the Lion Square North HOA and owners of adjacent property. • Upon the engagement of the current development team, an initial meeting between representatives of the Lions Square North HOA, the development team and adjacent property owners was held. • Upon completion of the initial design submitted to the Town of Vail Planning Staff for review, the development team placed a call to the president of the adjacent property's HOA whereby the project was explained in detail and an offer of further communications was made. • Following the initial review of the project by the PEC, members of the development team and the Lion Square Lodge initiated a conference call with a designated committee representing adjacent property owners. The design was discussed in detail. • Immediately after a revision to the plans was completed (6/2/06) and forwarded to the Town of Vail Planning Staff, said revision was sent to representatives of the adjacent property owners. Said revision reflected a number of changes to the building suggested by the adjacent property owners. VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 202 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 • At the time of distribution of the plans to the adjacent property owners, the development team expressed an interest in discussing the plans with the adjacent property owners. A conference call was conducted on 6/22/06 with representatives from the development team, the Lion Square HOA and adjacent property owners. The revisions to the plans were discussed and explained. .REVISIONS TO THE DESIGN RELATED TO COMMUNICATIONS WITH ADJACENT PROPERTY OWNERS Numerous design concepts were considered by this development team and others prior to the decision to move forward with the current design concept. It should be noted that one of the primary reasons the current model was selected was the limited impact the project had on the adjacent property owners, as represented by the substantial amount of density and height that will be undeveloped. The following design modifications have been a result of communications with adjacent property owners: • The entrance to the first level of parking has been moved to under the West tower. This change allows for a landscaped separation between the proposed North tower and the adjacent property, which sits within 4 feet of the property line. • The Lion Square North Building currently extends onto an adjacent property through an easement. The portion of the building that currently extends onto the easement as well as the portion of the building that is currently in the setback will remain in place with no modification to the structure of the building other than material application to its exterior. • A sod and landscaped deck/terrace has been designed that will cover the parking on the ground level adjacent to the property line to the extent possible by current zoning. • The West tower was initially designed 10 feet off the setback, or 20 feet from the property line as a consequence of the adjacent property's close proximity (within 4 feet) to the property line. • The mechanical units on the roof of the building have been covered by a mansard roof. 2 of 3 VIELE DEVELOPMENT, LLC 1000 S. FRONTAGE ROAD WEST SUITE 2O2 VAIL~ COLORADO 81657 Telephone: (970) 476-3082 Fax (970) 476-3423 SUMMARY The design as proposed represents a fraction of what the current zoning allows and complies with zoning at every level. The HOA of the Lion Square North and the development team have been mindful of the impact this project will have on adjacent property owners from the beginning of the design process and have taken great efforts to preserve as much of the current character of the neighborhood as the economics of this project allow. In addition, the development team and the Lion Square North have been proactive in initiating a discourse with adjacent property owners and have made numerous design changes in an effort to limit the impact of the development on adjacent property owners. We look forward to the opportunity to present this project to the Planning and Environmental Commission. Thank you for your time and consideration. Best Regards, c L_..~~ C/..~ -~-~ David Viele Manager 3 of 3 1 .~ -~ ° , : i ' ~ , E ]e e0 _ , ~, ~ ~ . \ _ fc L ex '~ I e ] ab ° °6 ~ ~' ~ !~a1EST as ~ _ e ~ ~ ~~ ~ ~ ~ ~ ~ t y ~ ~ „- ~ ~ ~ ~ - ~ Ec ''" ~ _y-' _?~ E O ,,-- e~]s.oo • I I eGo ] ~e ! ~ `er' ~ . 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I a ~ 1 ~ ~ . - .I i' ___- .~. 40o nm Au __ _.. _ „~ nxc c4crrrcEm4o vRrn~ _. __. _:.. ~ _... oa_ ~ I LION SQUARE LODGE -NORTH BUILDING LAN w2_ RREIU14Am Rd1l1MIC11011 SITE LAYOUT AND GRADING P SCALE: I' M E l I C N A S O C I A T E R I N C rM[ 06-Bi-06 D R'yx V/ " , 1 _. -~~ ~: i I lu ' ~ $ L / low boubet relanny wail lB•la za•wnn anaomeauMer ema wneln m. aoa area m ~ p nam FUNRE 9 """ ~~ ... Q ELFV 8723.5' "' ~' ~ / Z s~~~ ~ ~ Landscape Legend ' *~i~ts„ , ~f ti1 - // ..°~.~, ~ WaePbeweae<nbwer ~ (5)Pmposse COlo2da sprvce G ' ~~~ /~,/ j~~J ( ~~~ / f ~ ~ ~' SUNS / ( ALTER TOP OFr~., ~~~ " ~ / level palwa Irom Llanaeeatl Plara / , / ' NUrsery rown 6E ^ALL+' ~ / / ~ ~ \ ~ 7 ANO REBUILD SIDEWALK UMI " . / / NEILS LUNCEfORD p)Propoaaa Br an.uar,e Pbm s e coneuea ~ ~ - ~\ , _~ ~~ (20) Proposed Aspen 3".3•Cal ~ ' ELEV A of s~cH .~ wAU - B12a.B' ° j 30 IiNE' OF . -~ ~~~ SIGHT ° / ' i ?+P 1111 Dand'ovs Omammtal / ~ ~ ~ y _ ~ Fmwenng trees and sbiuosro }~'~ 15 Gal. \../ aewne Pine to aoeen bwer B prvvlee seasonal lnleresl ahoy Paso 1]] Pro dBNUba O ~ BJECT AT CENTER OF LANE va b Ipelb Imm LlansMatl Plaw bolo sieea of pianyny area °°~°1 ~~ M5 Canlainers .o°e OBJECT HT=3.B' (AABHi0) tl ° Pmpoud PerenMaVMnuals '~ FUTURE ROAD ELEV=8719' °Fn"M'°` "` ° 1FOrtw ' t6G` ' . /'pots rU te'O.C. OBJECT EIEV .8122.5 Pmposetl lnlyalaa tua ........... °a a t.. se~mu .". sH eue. +a i."u•l "e ""'" asfaY1m60YY Purposed Random BouMers z lo3~a C'Ar1~ ~O Iw.e. nu a aro ou .r...^y Y=~ r5 (6-eaul 1s N-r°"i ^^° ";'ge1; LION SQUARE LODGE -NORTH BUILDING P 9a~ A-BoaN 6' ~ .m.. ~M,M i °« CONCEPTUAL LANDSCAPE PLAN Pmt tlEoa Bend-A-O b6' iawgtb unnaanu ~ w... ` qi Iwe Ll Clt ASSOGI At ES IHC o`,m A r - 0 1 ' _ o.~.aarlo.. 1 A ~ ~• y 2~ N I' ~-- --~------------ ~ - - - - - ~ - 1 ~ ~ ~I e ', ipnalwnalpgmlp p _ 'a I l~ - ~I ~_ _ 1 _ ~: d ~ 1 oy ~it ~-Fla°~ I I ~ ~ ~~ i ~I[ :~ 4 ~ e~.a~,m ~soo covMFO aooe~ ~ t ^ -u_ ~' - .I I ~ >~~ _ „~ ____ ~~ 1 1 9 FPgro«~FRFn.~x.,~~ __ - ~ apt ANIMG 1 .Fp. p~Fl e.n t F ,. -- i a- ~ ~~ ' i v' ~ II„ ~ i t ~ , IiI~ ,~ ; I~ ~. Il N I I I ~ I I i .....,-..., ~ _. , I w ' - -~ v_ , . a ~ I ;y o I t y-1 ~~ ,~ ~.-1~_ ~ ~ ~I I y„ 1 f ` ~ 1 \~ ~ ~ -- ~v ~ _, I-I _ - I I - '~ ~ ~ ~..o.~..,.a„ ~ ~ 1 I ,,4,~,F ~ /l ~ ~' ~ _ I ~ I I ~ ~ ~ ~ I (~ __ _ ~ ~. ~I >~ OAST ~~' ~ J~ ~ -~ ~ I ,,, _ ~ ~ _ _ P 1` ~~ I I I ~ 1 v - L 3' ~,~ .~' I _ - 6 ,, . ''~ I _ ~ .~ ~ 1 _ ~, r- - - c 'I i , I ~~.t ~ ~- ~~ ~I II I~ - - 1 ,. ~. - !' ~~ I -I ~ ~/ ~ ~ 3 i / .~ ~.~ =.~ r I~~~ r ~ ~=tJu I ~• i DW FIFV- .5' \\ ~ _.~~~~~ ~~ ~~' "F ~ ~ >\ `I 111 // /'' EYE HT-3.3'(AAS ) III////// G I \~ 11 ~ / / EYE ELEV-8730.0 ~~ 3' ~ ` (O ~' I / ~- ~ IIVIf y Pathway bolards b be placed al ' / /' / ~\ +I' _~~ ~J ~ I ~ appmrlmaley Sg lmena a. •see // / ` Oetall2 Nh sheet / ' Notes ~,~FJ~. y~ ~-~~l ~ / AA newplam m.lellal anaR to Plaeea en an wmmadq lmga9a r al nma of Inst.l amn nA peso ana anrebs aha I w tldP mlgama per VTe'~- ~ ELEY-0 23.5' /~ ~~~ ~7L ------ -~- -- ' ~ ~ ' "~^° ~ / /' sPetlflc plant requUemenh and al pnu entl parson d yeas eh F he spray lMgaled per apeGRC plant requyemer~b '"lee:~anet:xuex•aax ,~ ~~~~ 1 \ \ , O O ` ~\ __ \ ~ / .en.~ w AA egslln tool m21eda1lc W g mns 9 P preserved dudn Wc9on ahaA be pmlecled wNM1 M1gM1 Vis bArykncbp placed amend iRe tl~gline of lbe n t h b f a u d i n -\ ' B F Si / ALTER TOP pF °>°:= '~~ ~ hL ~ \ ` \ / / ~ / ~ ~ o ree ma p, . compac mn an earaea on amen eahl ng trem a Poaa pason erouna awltletl wherever Ibk. AA esravaXOn and mm ealsling treat shall be Ignlletl to areas oulsWe of the tree's tldpllne. AND 0.EBUILD SIOEwAtx LIMI , .."-... JG , ;° ~ \ / `- - -/ ~ scbemalk laonenalmgawn malnllne. Melnllne Ic ba 1.5- c etlripllne. EIEV A ` Schaeub 4o PVC and enosed lna 4.i> a.~3G w sbavMg underall paved fudaces ~i NEILSLUNCEFORD ~~s.; ~,..... ..._ _- wAl~ ~eigas' LINE OF SIGHT -., ._-- ~_--~~ - ~,_~' Lectend -. ~. ~`,a,,, 1, -~~• -~'"' Euslmg SP^1u or ilr to be removed l -- EWF~_/~~Y I ~~~ I ~ "'~~.~ ~ Evfling narjducus Treela be renrore~~ amwap 1 t w ~Q1 Val WA '~I aanane ¢ Imgatipn MahAne l.S' ~ ~ ~ '~~ ! ~OJ ~ ~H err ~ .l-~_- ~_~ -- __~ Imgatbn iap w.~na. ~. ~ LION SQUARE LODGE -NORTH BUILDING u °~~._~ _._.--_ _. Ono vyq,,p~hg~ '~ ~~-- - - 4 [ ~ Panway eanam O IRRIGATION /SITE LIGHTING PLAN E14 Ayha' ... _ "' _ ~ -~waras .:~~ .. O F: vr. Pale LlgM ra Etl CM lFE IHC Bollard - Cu het I it ~~ Pole Lioht -Cut ,heel ~\ pole Llaht for Parking Lo1... 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I X i ... ~ I ~ i u® ~~ A - ~.'°~` __ _ Eb511NG 5,1NItARr SERNCE II ~~ '` II 1c _ ~1~ i II 'i.<qf ~_1 .DUI '~ 1il ~ ~~ 1.~r ~I __ -- 1-~-~ <,.~~._ _..1 J , I ~ II I i ~o- ~~ ~~~ , sj s ,_ ~ ~ ~ 1~ _ ~~ I C ~ ~ _ ~~ ~ `~ ..~. _ 1 ((( \ / 11 \ PRac[#~1' N'ON' ~ \t •~j~~ o\ I F~l~ I ~.;. }• i .. .~ I ~ _, l/ ~/-' / ~ ~,~r, wyv ~ - f i \ ~ + a' ~ ~ ~ _ i...._-_.. ~_ _. \ ~,, our a wt omun ii Q. ~ ~ i __ -, / . - ,? // ~ / i > -~ 7 ' _R -- _ i .-., ' ~ ~ ErE N = PA o) '" ~~ ~ ` ~~~ J' ~'~ ~~ ~ ; I e~ 3 d ~ RC IUJ S i . - _ J _ :. •. .., i ,' Hi c ` 1 ./ ~ i I •• I Y \ 1{ ~ - ~ pR.~c r: rt J ~ rROVOSm Rou caNtaunz ~~ 1 I ~~~ . ~ `0@JE TiN J ( r,) Si0R11 ORMI NN V1NlIE5 I ~ / '~ ~ \`- i ~/ 1, ~t / >tl 0 ELE t L ...-fin ,. ~.~ ~~' ^~\ ~\ I~ \\ / 1 _ _~~ (_~i ~oagcr utv erzzs oeurowii+r d~PoO°c wANS ~ ., i` ~% F LION SQUARE LODGE -NORTH BUILDING RnEUUni,ar SITE DISTANCE EXHIBIT of Eav scat: r-zo' CON9IPIICROX M E L I C K A S O C I A l E 5 I N L 01-1-06 -- -- --- i I I I I I I ' 1 ~ ~ I '\ ~ ~ \ \\ \ , ~- _-~ i LION SQUARE »-»^»~~ ~ _~ - - _ _ _______._T - ~ FORTH CONDOMINIUM ~ ~ ~ ~ . ~ .~ ~~ -- -- -- I I I I L ' I I ~ I I I ~ ` '1 \\ ~~ ~ \ ~ '~ ~ LION SQUARE ~ / ~ FORTH CONDOMINIUM ~ / ~~ ~-~~ /i LION SQUARE LODGE -NORTH SUII.DING EXIS'ITNG SECOND FLOOR PLAN enia•. r.o- \L' w,e iicc n~sso cin ses iHc isa -- -- I I I f I ~ i I I I I I I I '1 \\ - .~~ ~ ~ LION SQUARE ~>aM..~. % ~ - - _ _ _ ~ORTHCONDOMINIUM~ ~^m~ ~/ LION SQUARE LODGE -NORTH BUILDING EXISTING THIRD FLOOR PLAN -{- SULP. tA' ~ 1'A j--1~i{~p--I N EIICE ASSO CIAifS INC CS Ott -- -- - l I I I (I I I I I, \ \ ` - - ` ~ ~ LION SQUARE L.~m..~-y ~ ~- - - _ _ - ~ FORTH CONDOMINIUMS ~ ~_ ~/ ~ ~ i LION SQUf:RE LODGE -NORTH BUILDING EXISTING LOFT PLAN ;cue lA•-I•.a• w MFLIC •SSOCI ATlS INC -- -- --- ~ r--------- i I I I i I I I I I I 11 ~ ~ ~. -~ _ ~ - i ~ - ------ ~~ -- i - - __ ~` ~ LION SQUARE ~~~•^~~-7 ~ - - _ _ - FORTH CONDOMINIUMS ~ - ~ ~ / ~ .,.m.~ ~- ~ ~ \ ~ i LION SQUARE LODGE -NORTH BUILDING EXISTING ROOF PLAN 6GLLF. 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G=99.2 ~~ ' G=98.2 - ~~ \ \ ~ \~_ ~/ ~~ L.._.._..., / ~/ / i ~ / /, AvfRAGf ROOF HEIGMf UlGS ACTVAI GPPM GYCS NLERPOIATfD GMDE GAGS v.p~o.v oear.r o.~l-aSVr RamSm d.a.,,.n-.,5:.5 :- el s S o v o d.H,.n-.a..5 o I-a.>,-.SO. a. S.Ie' _ m.ee5 :LIL~n-~m.5 e. Ela-~,SR a:iiiei RS.ioII e:~:ie.n SnS:oRT e~.i~n~~ a v5 u'I_ssq--nee v.i.5e.5~-.vias a 4156)-aa.es o.toe.ot_.Ieos a FRee1--a,R.S v.IaRp-.uA. r.l-Siry--v n o.f5e~-nLe 15 v.4v.n--u1. s.'.faoj-. .5. Le 1 L.._.._.._..~ NorE, \ LLC'SN SQUARE LODGE -NORTH BUILDING FIRST FLOOR EIFVA\l10N (iDV%~BIIB.U ~ ROOF HEIGNI PLAN ~ ACTUAL GRADE RIgGE HEIGHT INpIUTEp BY'A' HRIICR A550 CIATeS INc 1 ~ INTERROUIFD RID~GiE HEIGHT INDICTED BY 9' % EXISTING SOUTH EL EVATION ~. P0.0POSED SOUTH ELEVATION ELEVATION KEY NOTES: 0,~ w.~,~~..~ ,.. ~.»,~p..,.,w~a,w.< ~.W ~e~.m~m. ~i wwwco-n:mcom. ~~xm ®w~u'rwu~uvxxnrure ON~w.ne ar+iuurw~~wowow. '6 $ ~~~e _ d .9 R ;... .9 ~~ma LION SQUARE LODGE -NORTH BUILDING EXISTING AND PROPOSED SOUTH ELEVATIONS u: yr-rv IC[ ASfOCIA}ES IN[ .~ :a ~t-_ :31 IXISTING NORTH ELEVATION ~w'a ~F-'_ ¢ °° - $-r - ~m ~~ a _~ .T _ - - o~ ~ rho ~~~ ~ ~ ~ ~I: : ~ ~ - 0 ~,-- rt_______________ ELEVATION KEY NOTES: o ~~~,~ ;Ma~~° a~ o..~,~.,.~., o ~~~ O~o...,.~,~Wae ~~.Ma pb..~.e.M...,,,~,,.m.,,.a Q mc.o r.wwix~ms. Qr._mo_rw.mm~ww Qrumvw.~w Q rmwcr+ncnaw_m ®uru~arowsvan Qwmrnm KO~mm~v.mrswmw.ne LION SQUARE LODGE -NORTH BUILDING EXISTING AND PROPOSED NORTH ELEVATIONS suu Vr-rr M[lIC[ Af50C1AtlS IMC C6A]Ap /~.wM e . _ . ~ ~~ Y n. I :9 ~I ~ ~ ~, .~ '~ - ~~ ~ ~a ~ d_ ~ ~ ~~ --- -. '- REMODELED IXi3TING BUILDING WFST ELEVATION ELEVATION KEY NOTES: p,~,.«,.,~.~TM p...~~..W~.w.e ~..~,u~.o Q ~ewcwn,mcntmn Q~ wrveuvewm.~ Qutoune+cm<v.r.xm¢rm LION SQUARE LODGE -NORTH BUILDING EXISTING AND PROPOSED WEST ELEVATIONS 3[AL[: Ln• - rn MEIICR ASfO IATl3 INC E%ISTING WEST ELEVATION FISTING EAST ELEVATION ELEVATIONI~Y NOTES: o,,,.,.R...mo e,..,,~.,~ on..o~...,..s o,,,,.,,.m ~., ~,~.<,... ~a.o.e,,..,..mo~..~.~.w,e 0,~.... ~.oa 0.~...,~.,~.~,.w@..~ ~,Nao~.«,.M. ~~ ~.»~.~.W~,.W, Q wmmrum,v Qi .pnumrn,~.~v.n.,m Qwuu~amva..uw Qo~w~n~cmawnwmwmuno LION SQUARE LODGE -NORTH BUILDING EXISTING AND PROPOSED EAST ELEVATIONS MetICR ASS O.CIATlS INC W.Nae O _ ____- AEMODEIFAEIUSPNGBUIU)ING NEW EA3T TOWER BEYOND ~"F1 PROPOSED EAST ELEVATION or+lim.P-ei~eu ' wruiiurtna~ ,4 eaa wrr awrae~ .ewe mxvvn \ ~ _ - ._ .... _ - - _ meek ~~__--.-.--.__.. Ada ~ n ~ _ _ _ _ - m m $ m tM ~iawvnvrr ~~;m _. ws~aroenrt~~ _ e ~ ~__ A '~ ~rmr~ I I '"~ n nn rEsinrnni ~ aim ~ I ~, 13. 1r I I z ~i I ~ gym., U I -11 -~ ~ _-~~ ~ ~~ z o ~~~ ~~~~~ ~ a ,w. - NEW WEST TOWER EAST PARTIAL ELEVATIONS RAKE DETAIL ' NEW WESTTOWER -~'`>_ PARTIAL ELEVATIONS AT ROOFTOP SCREENwALL NEW FAST TOwEft v°rt. SOUTH on lim.vl-e,xev ELEVATION KEY NOTES: o,x^>,~, w~~.oem. o--~~~v~e o u~^~^~^m LION SQUARE LODGE -NORTH BUILDING oe,..,,,.,,,e.,, o,P,,,,.ee O' "^'^~'v~w^°""'^'~°'°° ~ ~,~..~v~.....,n~..oe PARTIAL. ELEVA170NS ~,~..~® pe A..o.e...,.~.ew..m.W,v ~~~vvv..v~..v..m.,.a, acuE:l/!•-r< rvPICALwINOOwoETAIL ~,~~.~,.W,~a ~,~wob~»~ o.'"m""°° Me~ICK . ~IATee IN< o.~ D.w ~~~~,xaa~ m TYPICAL ROOF EAVE DETAIL =n F,_e e ,_ ~'~/ Z -Ll~~~r. ~. ~-' ~`~~ -l'~ , PROPOSED PROPOSED rxovoseo euaoiH~ SUN SHADE ANALYSIS 6/71 2 00 PM PROPOSED LION SQUARE LODGE -NORTH BUILDING SUN SEiADE DIAGRAMS MesicK .ssoci r,s ES iNC ~ ~m 303 442 01 91 Johnson & Repuccf LLP 09:28:01 a.m. 06-23-2006 2 /4 Alexander A. Praism• a ~ prei srr~i±j.rla w.cout JOHNSON ~ REPUCCI LI,P 11'1'1.ORNEY~ ANI) COLIIJSFI.ORS A'I' L,nW 252] I3rr tnu\wnv, SI nrlt A T3or u,ur;tt, Ct~l.otu\uo 80304 TI=l,liptrurvG 3113-442-1900 'r1i1.1:PAx 90.3-4=t2-Olgt www.j-rlaw.cnm June 23, 2006 IyIA F.L1~'C:`TRONIG MAIL Bill Gibson Planner I1 Town of Vail 75 South Frontage lZoad Vail, Colorado 81657 Re: Lion Square Ledge -North Building, June 2, 2006 Revised Drawings (PEC06-00/ 9) Dear Bill: 13Ol!Ll)I?K ~1\''1'hIZ hi\Kl: As you are aware, this firm represents Montaneros Condominium Association, Inc. ; (the "Association"). This letter follows up on;our April 21, 2006 correspondence io you outlining the Association's objections to the proposed Lion Square Lodge -North Building redevelopment (the "Lion Square Redevelopment Proposal") and supplements the objections of the individual owners of units in Montaneros Condominiums. We are in receipt of the referenced revised drawings, and, for the reasons more particularly described in this letter, the Association continues to oppose the Lion Square Redevelopment Proposal. 1. The Lion Square Redevelopment Proposal continues to_,fail to achieve the ahjectives of the Lionshead Redevelopment Master Plan (the "Master Plan") and th_e LMU-1 Zone District. As noted in our prior correspondence, the Master Plan promotes the enhancement and strengthening of the physical and visual connections to the natural environment of Crore Creek and Vail Mountain. This concept is repeatedly emphasized throughout the Master Pfan, Similarly, the Town's Zoning Regulations recognize the importance of ensuring adequate light, air, open space and other. amenities within the LMU-1 Zone District. Nevertheless, the Lion Square Redevelopment Proposal continues to ignore these fundamental design objectives. The revisions to the Lion Square Redevelopment Proposal include no changes to address the concerns previously raised Fly the Association related to elimination of both view corridors and sari access. This is readily apparent from a review of the sun shade analyses included in the refierenced June 2, 2006 submittal 2. The Lion Square Redevelopment Proposal continues to violate the Town of Vail Zoning Regulations. (a) East'1'ower. Presumably in response to Association's objection to the improper use of the easement conveyed by the Association to Lion Square North Condominium Association some 30 years ago, as more particularly described in prior communications to the ~ocx>al~~a t 303 442 01 91 Johnson & Repuccl LLP 09:28:1 8 a.m. 06-23-2006 3 /4 Bill Gibson June 23, 200( Page 2 Town, the plans for the new cast tower of the Lion Syuare Redevelopment Proposal have been revised so that the existing one-story building located on the boundary of the Montaneros and Lion Syuare properties will, according to the developer, remain in place and the tower will be erected thereon. Nevertheless, engineering of the proposed east tower will undoubtedly dictate, at a minimum, substantial reconstruction of the existing building to support the proposed east tower. Any reconstruction of the existing building violates the Zoning Regulations applicable to nonconforming structures a.nd impermissibly expands the use of the casement granted by the Association and, thus, should be denied by the PEC. (b) Parkin Structure. in response to the Town's concerns regarding the parking plan for the Lion Square Redevelopment Proposal, the parking has been reconfigured in the revised plans to include a covered parking structure. However, the roof of the proposed parkin}; structure encroaches into the required ten foot setback area. We understand from Mr. Viele that this overhang will be removed, but the Association continues to object to the current plans provided. In addition, we understand that there will be a retaining wall which is either part of, or immediately adjacent to, the parking structure, as well as a fence atop thereof; located approximately 18 to 24 inches from the property line within the l0 foot setback area. Moreover, we note that the proposed parking plan, including the valet parking system, appears impractical, unworkable and not in compliance Tnwn's Development Standards. We urge you and the PCC to carefully review this proposal. (c) Variances. "1'he revised plans for the east tower and parking structure of the Lion Square Redevelopment Proposal are clearly impermissible under applicable zoning regulations, and, as snore particularly detailed in our April 2 1, ZOOh corresj~ondence, there are no grounds to support the issuance of variances to permit these structures. 3. The Lion Sauarc Redevelopment Proposal continues to violate the private property rights of neis,hborini; propert~wncrs. (a) Easements. Despite Mr. Vicle's statements to the contrary, based upon our review of the lion Square Redevelopment Proposal, we believe that both temporary and permanent easements over Montaneros property will be required for such redevelopment. We see no way that the proposed structures can be erected without crossing onto Montaneros property and thus requiring easements. More importantly, the Association has serious concerns about Mr. Vielc's claims that no excavation shoring will be required offsitc, and, thus, no easements are required for this purpose. The wall of the Lion Sc}uare parking structure is proposed to be located within a few feet of the Montancro's ht.riiding, seemingly requiring at a minimum temporary, and possibly permanent, easements for excavation shoring to protect the Montaneros building. Please be advised that the Association will nut approve any work on its property, or grant easements to Lion Syuare fior any purpose, in connection with the currently existing Lion Square Redevelopment Proposal. 303 442 01 91 Johnson & Repucci LLP 09:28:39 a.m. 06-23-2006 4 /4 13111 Gibson June 23, 2006 Page 3 ' (b) Protective Covenants of Vail/Lionshead, Third Filing 7the "Covenants"). We continue to urge the Town, as a party with enforcement rights under Section 19.1 of the` Covenants, to take into consideration the criteria for approval of development plans dictated`by the Covenants, which criteria include "the efCc;ct ofany proposed improvement on the outlook of any adjacent or neighboring property." On behalf of"the Association, we thank you for your continued time and assistance with this matter. Very truly y .ors, Alexa~ der . Preiser cc: Matt Mire Rick Travers Montaneros Condominium Association ' Towu of Vail Plannin~* and Environmental Commission ' Dr. and Mrs. Michael Clayman 1440 Church Street, N.W. Apartment 504 Washington, DC 20005 phone 202-265-5556 fax 202-2b5-4749 Montaneros #214, Vail, CO email elainencosmeticdds.com May 4, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members: We aze writing to express our opposition to the proposed expansion by Lions Square North. We purchased a condominium in Montaneros a year and a half ago. We are a couple nearing retirement, and we plan to spend our summers, and a portion of the winter in Vail. Beautiful views and bright sunshine aze what attracted us to Montaneros. We sit on our balcony, looking out on the mountains, greeted by a sweeping vista of ski nuts and blue skies. Our condo is on the 2"d floor: If Lions Square North proceeds as planned, our views, warmth and sunshine will be. gone. Every homeowner in Montaneros recently paid an assessment to upgrade our building's exterior. We hope that Lions Square North will do an exterior upgrade as well. However, it should not do so at the expense of its neighbors. Any changes to Lions Square North that increase the height of the building will adversely affect Montaneros. Certainly, the addition of the towers will change everything. The Montaneros pool area will become a shaded and much less desirable place to relax and enjoy. The quality of our desired experience will be permanently downgraded. We have just completed interior renovations to our condo unit in anticipation of spending more time in our Vail home. Our expenditures-the initial .investment, and the cost of upgrading our condo-were based on the assumption that our property would hold its value. It is most disconcerting to contemplate the negative impact of the Lions Square North new construction on our property's value. The Lionshead Redevelopment Master Plan (the LRMP) expresses concern with such issues, In Section 4 of the LRMP, Recommendations -Overall Study Area", the Town determined: "as development and redevelopment occur in Lionshead, it will be vital to protect visual connections to the ski mountain. These visual relationships strengthen the identity of Lionshead as an alpine resort... Visual connections to the natural environment should be established utilizing the following techniques: 4.3.1.1 View Corridors. Creating and establishing view corridors is an effective way to link the urban core of Lionshead to the natural environment of Gore Creek and the mountain. The master plan is recommending the creation of several dedicated public view corridors. In addition, aIl Qrivate development and redevelopment should endeavor to create visual connections from and throu~h,their tsromerties." (Emphasis added) The LRMP recognizes in Section 4.3.1.2 the east-west orientation of buildings in Lionshead and proposes a solution to their impeding views of Vail's natural environment. It states; The predominant east-west orientation of buildings in Lionshead gets a visual and physical barrier, interrupting the connection to the natural environment. It should be the priority in future devela,„pment to orient vertical building masses along a north-south axis whenever possible. This will help. accomplish the following objectives: a. Sun Access, b. View from New Buildings, e. Views from Exisfi~g Buildings, d. Creation of Streets. (Emphasis added) It seems clear that the proposed changes to Lions Square North do not meet these objectives. Quality of life is why we have chosen Vail. Everything in life. is not about maximizing monetary profit. Lions Square North can accomplish building upgrades without doubling in height and irreversibly impacting 1Vlontaneros. We are asking for your assistance in preserving that special quality of life for the Montaneros homeowners. Sincerely yours, Elaine Clayman Michael Clayman May 11, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 RE: Lion Square North Remodel Dear Sir or Madam: We have reviewed Lion Square North's Preliminary plans for remodel and we for the foregoing reasons most vehement/y protest the approval of such plans. We are the owners of unit 208 Montaneros, which is on the lower level just above the parking garage. The unit is located on the eastern section of the complex. The Arrabelle project has blocked all views to the east. If the Lions Square North project is approved it will block our southern or mountain view. The combination of both plans will significantly diminish the value of our investment. In addition to the above we are concerned for the encroachment of the property and the shading of the common area which includes the pool, hot tub and landscaping. Thank you for your consideration. d~ J ~ r Mark .O'Dell 1310 Highway 33 Kearney, MO 64060 Tele 816-628-6668 cc: Alexander A. Preiser Johnson and Repucci LLP 2521 Broadway, Suite A Bolder, CO 80304 303 442 01 91 Johnson & Repucci LLP 09:12:03 a.m. 06-23-2006 24 /61 ~~~ i.,~ ~wu ice, ~~ rnn OVO f D4AGOa LIUIYJ lJU1l:IC MRI{ I S If/J 008/003 yV James L. Johnson Business Phone & Address (b08) 754-1159 • FAX (608) 754-3288 May 19, 2006 Plaruiir-g and Economic Development Commission Department of Community Development Town of Vail 75 S. Frontegc Road 'Val, CO 81657 Dear Comtnissioa Members, As owners of Montaneros Unit #308 neighboring the proposed Lion's Square Lodge North 1Vtajar Exterior Alteration as preso~lted by Viele Devclopment,, we want to go oa record as STRONGLY OPPOSED to this project as presented ~ It would have a moor ncgativo impact upon our propc:ty_ Our objection to the plans as pres~ectted are based on at least the following major issues: i. Property line setback and erLCroaehment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property -especially our pool, hot tub, and sun deck area. 4, Major ncgativo impact during construction 5. Thoso plows arc net any way near satisfying the Lionsliead Redevelopment Master Plan. If this proposal were to be approved, the negative impact for us would not only impede the personal enjoyment of our property at Monteneros, but would severely hurt rental revenue for us as well. How does Viele expect to build such a monstrosity to and over ow pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials on our pool and deck! As you know, we just completed la9t year a major redeveloprt~zrt arjd exterior renovation of our Montaneros property. Our plans end eonroleted ~roiect had na negativr impact on our neigbbo,sl Only positive aesthetic iminovements to our Lionshead neighborhood were. accomplished, which benellu everybody, Sinraerely yowl, 5----~--~... r:m Ann Johnson 1307 WOODMAN RD. • P.O. BOX 3100 • JAN]rSVll/L.E, WI 53547-3]00 Scott Wilmoski 10655 West 192"a Place - Spring Hill, Kansas 66083 May 11, 2006 Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Re: Proposed Expansion /Remodel Lionsquare North Commissioners: I have been the owner of Montaneros #217 since 1990 and have enjoyed all of the attributes the town of Vail and, specifically, Lionshead, affords me when I stay in my condo. I also find the unique size and setting of Montaneros to be very appealing. It has come to my attention that Lionsquare North is considering a significant expansion and remodel. I have thoroughly reviewed the proposed drawings that have been submitted for consideration. While I applaud this building's efforts to update their facility more in line with the Vail theme, I find the proposed expansion to absolutely disregard the impact on the entire Montaneros complex. This expansion would virtually eliminate my view of the Vail Mountain. It would shade our pool area and landscaping that we have spent an exorbitant amount ofmoney, time and planning to create an eye appealing and useful green space. This complex is expanding vertically, as well as horizontally, and creates very little useful green space like most other developments in the Lionhead area. It takes on an appeal more like you would find in Manhattan, New York, than in an Alpine Village. I am appealing to your long-range planning as you review the Lionshead area to reject this expansion proposal as submitted due primarily to its material. impact. on an existing revitalized and remodeled structure (Montaneros), as well as the lack of accompanying green space for a development of this size. Should any of you need to discuss this issue in greater detail with me, I will snake myself available. I can be reached at 913/592-2767 or swilmo@aol.com. Sincerely, J, ' , GL/ cott Wilmoski cc : Mr. Alexander A. Presser Johnson & Repucci, LLP 2521 Broadway, Suite A Boulder, Colorado 80304 ~~:,_~ _ cteltz rzes~dewce ~20~ ca u.~e~ R..%ver 1~r~ve Stowe Mou:t~.ta~w, c,~ 3008 ~~o--~~~-~3gg fax: ~~o~sg-oz~~ E-vu.ai,(,: ya%l,-4u.s~ _covu.cast.wet Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Commission Members; I am writing this letter as an owner of a condo in the Montaneros for the past 13 years. My concern centers around the massive expansion plans now being considered at the Lion Square North building. As you are fully aware, the Lion Square North building is directly south of our building and if the current plans are made a reality, our pool and plantings will be in the shade in the prime summer months. I realize that our view corridor is not protected, but a major draw to renters and owners in our building is the view of the mountain we currently enjoy. The expansion of Lion Square will totally obliterate these and, as a result, the value of our property. At issue is also an encroachment onto our property and proposed exposed parking spots. All of our owners are in total agreement with the idea of improving the appearance of Lionshead and, to this end, as owners in Montaneros, took on a major assessment to improve our building's exterior and install a sprinkler system. The owners of Lion Square North could have followed our lead, paid. an assessment and improved the exterior appearance of their building. Instead, they have opted to turn over their building to a contractor and ignore their neighbors to the north. This disregar for neighbors would never happen in Aspen. Please, do not let it happen in Vail. s ,, ~~:~ ; f .M % Mq'st s'ncere, our , i` t I r' an Ge Unit 21 i Montaneros Cc: Mr. Bill Gibson and Alexander A. Preiser 0~l19l2006 13:46 FAX 6087~~3288 LIONS QUICK MARTS (~002j002 James L. Johnson Business Phone & Address May 19, 2006 Planning and Economic Development Conunission Department of Cor~ununity Development Town of Vail 75 5. Frontage ]2nad Vail, CO 81657 bear Commission Members, (608} 754-1159 • FAX (608) 754-3288 As owners of Montaneros Unit #308 neighboring the proposed Lion's Square Lodge North Major Exterior Alteration as presented by Viele Development, we want to go on record as STRONGLY OPPOSED to this project as presented, ~ It would have a major negative impact upon our property. . Our objection to the plans as presented are based on at least the following major issues: 1. Pxoperty line setback and encroachment upon our property. 2. Major impact upon our views. 3. Major impact on sun shading on our property -especially our pool, hot tub, and sun deck area. 4. Major negative impact during construction. 5. These plans aze not any way near satisfying the Lionshead Redevelopment Master Plan, If this proposal were to be approved, the negative impact for us would not only impede the personal enjoyment of our property at Montaneros, but would severely hurt rental revenue for us as well. How does Viele expect to build such a monstrosity to .and over our pool area without shutting us down? We will not agree to staging scaffolding and construction equipment and materials vn our pool and deck! As you know, we just completed last year a major redevelopment and exterior renovation of our Montaneros property, ~~>~.ns and completed project had no negative impact on our neighbors! Only positive aesthetic improvements to our Lioz~shead neighborhood were accomplished, which benefits everybody, Sincerely yours, ~-~__ Jim an Ann Johnson ~ 307 WOODMAN RD. • P.O. BOX 3100 •7ANESVILLE, WI 53547-3100 T ~--, ~ Leslie Tillman -Fwd: Lions Square North Page 1 ,, From: Bill Gibson To: Leslie Tillman Date: 06/23/2006 12:59:56 PM Subject: Fwd: Lions Square North »> "Hudders, Andrew" <AHudders(a)graubard.com> 06/20/2006 9:16:20 AM »> Dear Mr. Gibson: Attached is a copy of my petition opposing the redevelopment of Lions Square North. In addition to the statements of the formal petition, I just want to let you know that I purchased my unit a couple of years ago, before all the redevelopment plans started to become public. Since then, I have become increasingly upset by the amount of building and the sizes of the buildings proposed and being built in the Lionshead area. I live in New York City, and I have the impression that the Lionsquare area is becoming a much more urban development in a very short timeframe than the village in which I originally bought. Overall, my impression and belief is that the quality of life and holiday experience is decreasing. I find that I am taking my vacations elsewhere rather than going to Vail as a result of all the changes around my unit. When I go to the trouble of flying to go skiing or biking I want to get away from the big city environment that is some much a part of my life in New York. Yes, Vail -Lionshead is not the concrete jungle of New York City, but it is no longer the mountain village of several years ago. I am not against the overall intent of improvement of the Lionshead area. But the Lions Square Lodge development is purely for pecuniary gain of that complex and the builders and related industries.. The expansion, to my mind is not contributing to the betterment of the services of the area. Rather, it is merely a further impingement on the environment and my complex at the cost of both. It will mean more cars, more noise, more pollution in the immediate area, less light, impaired views if any are left and greater urbanization of the village. There is an overall acceptance and encouragement of urban sprawl that is occurring in Vail. I cannot see that there is a need for more residential or rental units in the immediate area of the gondola at the cost of the aforementioned factors. I urge that general development be encouraged down valley or on the north side of 1-70 and improvement to the public transportation of the town and county that would make those areas more accessible to the central village and the ski resources such that residents and visitors living and staying in those other areas would not believe or feel themselves isolated. I urge you and the planning commissions of the town of Vail to reconsider the proposal of Lions Square Lodge and deny them. Andrew Hudders Andrew D. Hudders Graubard Miller The Chrysler Building 405 Lexington Avenue New York, NY 10174-1901 Phone: 212-818-8614 Fax: 212-818-8881 Visit our web site at www.graubard.com The information contained in this a-mail message is privileged and confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or is the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you Andrew D. Rudders 718 Broadway - 3B New Yorlc, New York 10003 and Unit 311 641 West Lionshead Circle Vail, Colorado 81657 Tune 19, 2006 Town of Vail Planning & Enviroiunental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from uiut owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge -North Building (hereinafter referred to as "LSN"). We the undersigned are owners of Lulus in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail The proposed construction which includes two towers, 82 feet in height, a11d increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN bLUlding has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and uiuts will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sui~/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sLUi and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning 00041066 / 3 156198..1 Ordinance are "to provide for adequate light..." and to "conserve and maintain established communty qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view coi-~idors to protect views itl public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The MasterPlan further provides in Section 4.3.2, "physical coiu~ections to the natural enviroiunent are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses anal homeowners." The proposed massive expansion by LSN rather than creating visual harmony and coiulections to the mountain and creating coiulections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the zonhzg ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its. natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and pui~~ose of both the zoning ordinance and the Master Phil as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any biuldhig that is in violation of any section of the zoning ordinances, hlchtding the setback requirements. LSN proposes to build air 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild. the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconsh~.iction of the existing building. This type of reconstruction of a nonconforming stnicture is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Tov~m Code 00041 OG6 / 3 16198.1 which provides farthe limitation of the nLUllber and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which calulot be justified mzder these circtullstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing ill any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already const~.lcted at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structtue, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structtue. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot,~we strongly object to the Iocation of parking spaces within the mandatory 10 foot setback. Ill its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. Tlus is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating stiurounding land uses from the impact of the parking area and requiring parking to be within the main building ill order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be requited to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in older to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cats. E. NECESSARY EASEMENTS As recognized by Toin Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. hi Ins June 2, 2006 cos-tespondence to Bill Gibson, Tov~n1 Plamler, Mr. Viele aclalowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for flze current plan which it considers ;000410(,6 / 3; 156198.1 detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yotus, ~-~`~ 29-Q~,O Unit Owner/Tax Payer X00041066 / 3; 156198. I RllDY SOSCHWITZ ~~Y#.e.d ~5#~xt.es ~5~xt~t~e (1978 - 1991) June 21, 2006 Town of Vail Plamling & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from .unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge -North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sunshade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will no± melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sunshade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. 5401 EAST RI~7ER ROAD • MINNEAPOLIS, MN 55421 • (763) 571-2636 • FAx (763) 571-3411 {00041066/3} E-MAIL: RSOSCHWITZCAOL.COM B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment. should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural. design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the .community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master .Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement {00041066 / 3 } which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated. parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. {00041066 (3 } Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed N rede elopment. For each of the foregoing reasons, we request that the LSN pplication be enied. Thank you. Very~~ruly ours,' ~ ~ ~' ~` V R ~ Bosch itz Orig nal Unit Ovvner (since building was constructed) i U.S.Senator (R, MN 1978-91) U.S sAmbassador to the UN Commission on Human Rights {00041066 / 3} 303 442 01 91 Johnson & Repucci LLP 09:07:53 a.m. 06-23-2006 1 0 /61 Telephone 717-643770 Email Malweiss59(tr)yahoo.com Malcolm D. Weiss DO. Board Certified in Family Practice. 1189 Detwiler Drive York, Pennsylvania 17402 June 19, 2006 From: Property owner unit Z1U Montaneros Condominium Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters .from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge -North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and a1I of the guests who visit Vail and stay at Montaneros. the mandatorv 10 foot setback. A 20 foot setback also should be required for this structure D. PARKING AND 1NGRL•'SS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes tv eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and. purpose A. LACK OF SUNLIGHT With regard to the sunshade analysis presented by LSN it indicates that at the,present time the existing LSN building has no impact on the Montaneros~roperty during either the summer or winter. If the prot7oscd massive expansion is approved the Montaneros building and units will (00041066 / 3 } 303 442 01 91 Johnson & Repucci LLP 09:08:1 6 a.m. 06-23-2006 11 /61 be engulfed in shade throughout the day during the winter months The pool and hot tub which are used by owners and guests will be in the Shade rather than the sunshine Because much of the area will he always in the shade ice will not melt eausing.potentially dangerous conditions Duane the summer months the cool will be in the shade and additionally we believe that the sunshade analysis for the proposed building_presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates Additionally the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle protect to be in shade during the Latter portion of the winter days The Town of Vail has recognized both in its llevelopment Ordinances and Master Plan that among their purposes is to ensure adequate light air open space and other appropriate amenities to maintain the desirable qualities of Lionshead Specific purgoses aS Set forth in 12-1-2•b of the Zoning Ordinance are "to provide for adequate light "and to "conserve and maintain established community aualities and economic values This proposed proiect eliminates' adeq au to li hg t and air. B. MOUNTAIN VTF,WS AND CONNECTION 'TO NATURAL ENVIRONME One of the primary desirable qualities which. Vail desires to be preserved`is he view of the mountain and its natural beauty. At the present time, the Montaneros unit. owners .have :an expansive view of the mountain and sky. The proposed building. expansion ,by LSN would destroy these mountain views. These views are one of the primary reasons for owning.. property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience., The Master Planin Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual. connections. from and through their properties." The Master Plan further provides in Secton'4.3.2; "physical connections to the natural environmenrt are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the. Master Plan, also addresses specific design considerations "such as addressing views." .The purpose.. of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses .and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of the-zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance .its natural environment and its established character as a resort and residential community of high quality: Specific' purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate liglrt..." and to "conserve and maintain established community qualities and economic values.' It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both. the' zoning ordinance and the Master Plan as it relates to views of the mountain; light and air and maintaining` economic values. , (00041066 / 3 E 303 442 01 91 Johnson & Repucci LLP 09:08:40 a.m. 06-23-2006 1 Z /61 C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story .building which is built to the property line and has an easement for a deck overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for any other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary,.; to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from. the rroperty line. As the. PBC is aware, the properties upon which Montaneros and LSN are located, formerly. were one lot. Montaneros was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have- at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and farmore space than currently contemplated iii order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECIISSARY EASEMENTS As recognized by Tom Kassmcl, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges his requirement. However, notably, LSN has not requested easements' i000410GG / 3 303 442 0191 Johnson & Repucci LLP 09:09:04 a.m. 06-23-2006 13 /61 from Montaneros which would undoubtedly he required for the proposed LSN redevelopment, and Montaneros is nol willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant casements tor, excavation shoring. which must occur on Montaneros properly to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied Thank you. Very truly yours, Malcolm D. & DeborahA. Weiss Unit Owner/Tax Payer {000410GG / 3 } June 19, 2006 Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, CO 81657 Dear Committee Members: Please consider this letter with other letters from unit owners in Montaneros as a petition opposing the proposed expansion submitted by Lion Square Lodge -North Building (hereinafter referred to as "LSN"). We the undersigned are owners of units in the Montaneros Condominium building, and taxpayers in the Town of Vail. The proposed expansion is contrary to the intent and purpose of the Lionshead Redevelopment Master Plan (hereinafter the "Master Plan") and violates the Development Ordinances of the Town of Vail. The proposed construction which includes two towers, 82 feet in height, and increases of the height of the center section portion of the building from the. existing 35 feet to 42.5 feet, will substantially and adversely impact Montaneros, its owners and all of the guests who visit Vail and stay at Montaneros. A. LACK OF SUNLIGHT With regard to the sun/shade analysis presented by LSN, it indicates that at the present time the existing LSN building has no impact on the Montaneros property during either the summer or winter. If the proposed massive expansion is approved, the Montaneros building and units will be engulfed in shade throughout the day during the winter months. The pool and hot tub which are used by owners and guests will be in the shade, rather than the sunshine. Because much of the area will be always in the shade, ice will not melt causing potentially dangerous conditions. During the summer months, the pool will be in the shade and additionally, we believe that the sun/shade analysis for the proposed building presented to the Board is incorrect and insufficient because it only shows the sun and shade analysis on two specific dates. Additionally, the increased shade created by the towers will cause the pedestrian walkway between LSN and the new Arabelle project to be in shade during the latter portion of the winter days. The Town of Vail has recognized both in its Development Ordinances and Master Plan that among their purposes is to ensure adequate light, air, open space and other appropriate amenities to maintain the desirable qualities of Lionshead. Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve .and maintain established community qualities and economic values. This proposed project eliminates adequate light and air. B. MOUNTAIN VIEWS AND CONNECTION TO NATURAL ENVIRONMENT One of the primary desirable qualities which Vail desires to be preserved is the view of the mountain and its natural beauty. At the present time, the Montaneros unit owners have an { 00041066 / 3 } expansive view of the mountain and sky. The proposed building expansion by LSN would destroy these mountain views. These views are one of the primary reasons for owning property in Vail, or visiting Vail. Visitors come to Vail to enjoy this experience. The Master Plan in Section 4.3.1.1 establishes public view corridors to protect views in public areas and suggests that "all private development and redevelopment should endeavor to create visual connections from and through their properties." The Master Plan further provides in Section 4.3.2, "physical connections to the natural environment are essential to the experiential quality of a mountain resort." The vision statement of the architectural design guidelines in the Master Plan also addresses specific design considerations "such as addressing views." The purpose of the architectural design guidelines as set forth in Section 8.2 is to "enhance the existing experience within the community, improve the quality of life, focus direction for future growth, create visual harmony and improve property values for businesses and homeowners." The proposed massive expansion by LSN rather than creating visual harmony and connections to the mountain and creating connections to the environment as part of the experiential quality of a first class mountain resort, eliminates visual connections. In section 12-1-2:1a of -the zoning ordinance of the Town of Vail, the Town has recognized that the ordinance's general purpose is to promote development of the Town that "will conserve and enhance its natural environment and its established character as a resort and residential community of high quality: Specific purposes as set forth in 12-1-2:b of the Zoning Ordinance are "to provide for adequate light..." and to "conserve and maintain established community qualities and economic values. It is clear that the proposed expansion by LSN is contrary to the intent and purpose of both the zoning ordinance and the Master Plan as it relates to views of the mountain, light and air and maintaining economic values. C. SETBACKS With regard to the LSN proposed building itself, we strongly object to any building that is in violation of any section of the zoning ordinances, including the setback requirements. LSN proposes to build an 82 foot eastern tower atop an existing one-story building which is built to the property line and has an easement for a deck. overhang onto the property of Montaneros. Montaneros disputes that LSN has a prescriptive easement on Montaneros property for this encroachment or for arty other purpose. It has been indicated to the Town that it is no longer the intent of LSN to rebuild the existing one-story building but rather to "leave it in place." However, construction of the proposed multi-story tower atop the existing one-story building will undoubtedly require, at a minimum substantial reconstruction of the existing building. This type of reconstruction of a nonconforming structure is not merely an enlargement of the existing structure as may be permitted under the Town Code, but rather is contrary to the Town Code which provides for the limitation of the number and extent of nonconforming uses. Therefore, construction of the east tower of the proposed LSN redevelopment without a variance, which cannot be justified under these circumstances, violates the Town Code. Further, the easement which allowed for the existence of the existing structure is for that purpose only. To change the use now existing in any way would be a violation of that easement. The western tower appears to be less than 20 feet from the property line. As the PEC is aware, the properties upon which Montaneros and LSN are located, formerly were one lot. Montaneros { 00041066 / 3 ) was already constructed at the time a portion of its lot was transferred to the builders of LSN. Although Montaneros' western section is immediately adjacent to the property line, it was not when built. Accordingly, rather than a 10 foot setback, LSN should be compelled to have at least a 20 foot setback from the property line to the west to meet the intent and purpose of the zoning ordinance. Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform With all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his 3une 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. { 00041066 / 3 } Very truly yours, ~~~ Unit Owner/Tax Payer ~ 3 ~ ~ { 00041066 / 3 } Very truly yours, J Unit Owner/Tax Payer ~~ D~uI 9~ S {00041066 / 3} Ve ly yours, nit Owner/Tax Payer ~~~ /.~ {00041066/3} D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory l0 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved pazking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed pazking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed pazking. It should also be required to conform with all pazking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants. and far more space than currently contemplated in order to be able to access several of the contemplated pazking spaces. In reality, the pazking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, `~~/ Unit Owner/Tax Payer {00041066 / 3 } must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, ~-- ~~~ ~ Unit Owner/Tax Payer Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, Diana L. Huckle Unit Owner/Tax Payer #306 { 00041066 / 3 } must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, ~~~~~ / Unit O er/Tax Payer -~ ~ ~ ~-~`~ 303 442 01 91 Johnson & Repuccl LLP 09:22:49 a.m. 06-23-2006 61 /61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, :,.. I Maxine Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 414 Montaneros - Pelilion la PEC.DOC Page 4 of 4 303 442 01 91 Johnson & Repucci LLP 09:21 :39 a.m. 06-23-2006 57 /61 such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed ESN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, ~:.~ gc~.... Chick Gleicher Unit Owner/Tax Payer Montaneros Condominium Association Unit 316 Montaneros -Petition to PEC.OOG Page 4 of 4 303 442 01 91 Johnson & Repuccl LLP FROhI LARRY RND LYN HICKS FAX NO. 3039866298 D. PARKING ~1D I~VGRESS/EGRESS 09:25:52 a.m. 06-23-2006 Jun. 23 2006 10:67RM 4~Vith regard to parking and access to the parking lot, we strongly object w the location of psrlciag spas within the mandatory 10 foot satba.ck. In itwa plans, I.SN proposes to eliminate all of the exss~.ng green area between its buildutg and Montaneros sad raplace~ it With a builduig; ingress./egress ramp attd a paved parking lat.. ThiF is clearly contrary to the irrtzrest and purpose of tht Master Plan attd Deve]opmeat Ordinance. It is requested that any addition 'to parking be beneath the Lions Square condominium building is accordance with the off strCet parking anti loading requirements set forrll in the Ordinance. Acrarditag to the ordinaaco, the purpo:~ of off street packing is insulating surrournding land uses fradn the itnpACt of•the parking area and regnxiring parking t4~ bt within the {wain building in order to Rvoid ar tninitt,iTZ the ad~•erse visual impact of large ccnceatrations cn exposed p$rki ig (sec 12-lt7-I). LSN should be ragt~itCd to have all its parking ~rit'bin the main building to avoid the exposed pat'king. IL should also be required to confansn with alI pr~i.ng and Ioadir:g ,zone requira~aents. Additionally, LSN is proposing a valet parking $y~ that would require numerous attetulants and far more spaeo than currently contemplated is order to be ablo to Ecceas several oftlne oorrtemplated parking spacos. In rca(ity* the parking structure proposed by LSiti" is not only in violation of the Ordinance but finrther, it is nut a r~sli.~tio and viable way to park cars, E. S ARY EAS M TS As reoogt~ed by Tom Kassmcl, Tawn Engineer, itt his Ivfay 16, 2006 mctnorandum, Towts approval should be oonditioned upon recordation of ail nac~sxry parmanesrt and temporary c+a»emennts for construction. In his 3uas 2, 2G~6 cortesponden~ to 33111 t:~ibson, 'I'avc~ Planner,.. Mr::, 'Viele. acknow]edges this reciusrameref. However, notabh~, LSN has zaot requested ~:Asements from.. Iviotrtanzros which would undoubtedly be required for the pmp;~sed LSN reder~aloprtaettt, ,eid Mosrtanaro_s is not willing to grant such .s~semerits for tlaa cutrznt plan which it cotksidctx~ detrincz:tal to the'Montsnaros prap~~rty, tlnc Montatieros a„raters and the Torn and its :~csidcnzts raid. guests as a- whole; Similarly. Moniarsexo9 will rant .lpprove, or grant easements for, exor~vtttion shoring ~shich must ocour A, on Motrtaneros to su lh'°A~Y Pp~ LCte currant propvaed LSN redcvclopmertt. For teen of t1~ foregouig reasons, vcs requesK that, the LSN application be denied Thank you. Very trerly yoius, ~ ,, ~ Unit Owner,~'1"aa Payer U~.-t 3 ~.~ P3 4 /4 (09041666 / 3) 303 442 01 B7 Johnson & Repucc! LLP 09:06:52 a.m. 06-23-2006 5 /61 Peter V. Browning Managing Partner Vail Partners LLC Owners of Montaneros Units 4 i 8 and 420 And Tax Payer ~000410ti6 / 3 ~ 303 442 01 91 Johnson & Repucci LLP 09:11 :04 a.m. 06-23-2006 20 /61 JUN-21-2606 12:63 AM P. 04 a ZO fvot setback from the property line to the west to meet the intent and purpose of the zoning ordinance Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required far this structure. D, P,~RKII~TQ AND ~~tFSS/E_4BE~S With regard to parking and access to the parking lot, we strongly object to the location of pat% .~g spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between. its building and Montaneros and replace it with a building, ingressJegress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master flan and Development Ordinance, It is requested that any addition to parkins bo beneath the Lions Square condominium building in accordance with tk~e off street. parking and loadius roquirements set forth in the Ordinance. According to the ordinance, the purpose of off street parkins is insulating surrounding land uses from the impact of the parking area and requiting parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). L5N should be required to have all its parking within the train building to avoid .the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, L5N is proposing a valet parkil>g system that would require numerous attendants and far mote space than currently contemplated in order to be able to aaeess several of the contemplated parking spaces. In reality, the. parking structure proposed by LSN is not only itti violation of the Ordinance-but fl~rthcr, it is not a realistic and viable way to park cars. E, NFGI;SSAB,Y EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, T.-•~.n approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June Z, 2006 cornspondenee to Bill Gibson, Tovm Planner, Mr. Viele acknowledges this requirement. However, notably, lSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such. easements for the current plan which itconsiders dctrimcntal to the Montaneros property, the Montaneros owners and the Town and its residents aad guests as a whole. Similarly, Montancros will not approve, or grant easements for, excavation shoring which must occur on Montancrbs property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the I.SN application be denied. Thank you. cry y urs, Unit Owner ax Payer p~ VQ3~R.T0 i~ 1 M O CE} Vt`~ 1t rLo2. , toooaiocs~3) (.lA1'~ PR.OPERT l'~j parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large. concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Very truly yours, c ~~.. acque ine E. Irwin Revocable Trust Jacqueline E. Irwin, Trustee Unit 421 {00041066 / 3} 303 442 01 91 Johnson & Repucci LLP 09:17:56 a.m. 06-23-2006 .~~. iii ivvv v~ .u~ rn~.s at.tcooovco _ A1Yi~i I~f 005 must occur on Moataneros property to support the clurcnt proposed LSN rcdtvelopmeirt. For each of the foregoing reasons, we request that the LSN applica~on be daaied. Thank you. very truly yours, i ~ ~~~ ~ 44 /61 Unit Owner/~'ax Payer D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. -This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condominium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking to be within the main building in order to avoid or minimize the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. ' Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Ve truly yours, Unit Owner/Tax Payer {00041066 / 3 } Finally, the plans provide for a covered parking structure, the walls and roof of which encroach into the mandatory 10 foot setback. A 20 foot setback also should be required for this structure. D. PARKING AND INGRESS/EGRESS With regard to parking and access to the parking lot, we strongly object to the location of parking spaces within the mandatory 10 foot setback. In its plans, LSN proposes to eliminate all of the existing green area between its building and Montaneros and replace it with a building, ingress/egress ramp and a paved parking lot. This is clearly contrary to the interest and purpose of the Master Plan and Development Ordinance. It is requested that any addition to parking be beneath the Lions Square condonninium building in accordance with the off street parking and loading requirements set forth in the Ordinance. According to the ordinance, the purpose of off street parking is insulating surrounding land uses from the impact of the parking area and requiring parking. to be within the main building in order to avoid or minimise the adverse visual impact of large concentrations or exposed parking (see 12-10-1). LSN should be required to have all its parking within the main building to avoid the exposed parking. It should also be required to conform with all parking and loading zone requirements. Additionally, LSN is proposing a valet parking system that would require numerous attendants and far more space than currently contemplated in order to be able to access several of the contemplated parking spaces. In reality, the parking structure proposed by LSN is not only in violation of the Ordinance but further, it is not a realistic and viable way to park cars. E. NECESSARY EASEMENTS As recognized by Tom Kassmel, Town Engineer, in his May 16, 2006 memorandum, Town approval should be conditioned upon recordation of all necessary permanent and temporary easements for construction. In his June 2, 2006 correspondence to .Bill Gibson, Town Planner, Mr. Viele acknowledges this requirement. However, notably, LSN has not requested easements from Montaneros which would undoubtedly be required for the proposed LSN redevelopment, and Montaneros is not willing to grant such easements for the current plan which it considers detrimental to the Montaneros property, the Montaneros owners and the Town and its residents and guests as a whole. Similarly, Montaneros will not approve, or grant easements for, excavation shoring which must occur on Montaneros property to support the current proposed LSN redevelopment. For each of the foregoing reasons, we request that the LSN application be denied. Thank you. Montaneros, Umt 11"l Unit Owner/Tax Payer {0041066/3} Very truly yours, ~~--G- ~` "'~-~- Unit Owner/Tax Payer {00041066/3} Very truly yours, ~~~~~ ~~ 4 Unit Owner/Tax Payer ~~// { 0004 1066 / 3 } MEMORANDUM TO: Town Counci! FROM: Community Development Department DATE: August 1, 2006 SUBJECT: Lionshead Parking Structure Request for Proposals Staff: Stan Zemler and Russ Forrest I. PURPOSE The afternoon worksession with the Vail Town Council and two members of both the PEC and DRB is intended to provide an opportunity to interview the two competing developers thaf have responded to the Lionshead Request For Proposals (RFP). Those two developers include: ^ East West Partners, and ^ Open Hospitality Partners & Hillwood Capital Partnership At the evening meeting staff is requesting direction from the Vail Town Council on whether to invite the above mentioned developers to submit proposals to the Town based on the process and schedule provided in this memorandum. Council is also requested to provide input on any changes or modifications they would like to see in the proposed process provided in this memorandum. II. BACKGROUND A. Goals The Town of Vail owns and operates an 1150 space parking structure and an unimproved charter bus parking lot, located at 395 South Frontage Road in Vail, Colorado (See Section 7 of RFP). This site is 6.6 acres in size and is located in the Lionshead Redevelopment Master Plan Area, one of two pedestrian retail areas in Vail. In addition, this site is included in the Lionshead Urban Renewal Area. A draft master plan for the parking structure was completed during the process of considering a conference center; the Town identified at that time, the following needs for the site: • The existing parking structure needs both capital and operational improvements to maintain its effectiveness in the future, • The Town currently needs 400-500 additional public parking spaces to minimize overflow parking on the Frontage Road for 15 days per winter season, • Redevelopment of the parking structure should include retail development on the south side of the parking structure as called for in the Lionshead Redevelopment Master Plan, Pedestrian access needs to be improved between the parking structure and the Lionshead retail area, and Improve the Lionshead Information Center. In the last year, private developers have approached the Town of Vail and proposed redevelopment of the site to accommodate both public and private uses. To ensure a fair and equitable process, the Vail Town Council has directed that a "Request for Proposals" be issued to solicit development proposals that meet the project goals of the Town for this site. The Request for Proposals seeks qualified developers who can develop the Lionshead Parking Structure consistent with the project goals of this Request for Proposals stated below. The following are project goals for any developer considering submitting a proposal: A. Development proposals shall comply to the Lionshead Redevelopment Master Plan (See http://www.vailgov.com/docs/dl forms/lionshead master plan.pdf).) and be consistent with Lionshead Mixed Use 1 Zoning (See http://www.sterlingcodifiers.com/CO/Nail/ for Title 12 in the Vail Town Code). B. Development proposals consistent with the Lionshead Redevelopment Master Pfan and the Lionshead Mixed Use 1 Zone District shalt help pay for the public improvements. A strong preference is given to uses that generate "hot beds" such as accommodation units (hotels) and Employee Housing Units. Parking generated by private development shall be provided and paid for by the developer. C. Meeting/event/conference facilities accessory to hotel and lodging uses. D. The Town anticipates extensive improvements to the Lionshead Parking Structure in the near future. Creation of a new public parking structure, paid for through the redevelopment of the site, should include a minimum of 1150 public parking spaces that would improve the operational performance of the structure compared to current operation (See 2005 Walker Parking Study in Attachment B). The Town is .assuming that it would continue to own and operate public parking in Lionshead. E. Creation of new public parking in excess of the 1150 existing spaces on the site based on circulation viability. F. Creation of a new Lionshead Information Center with public restrooms. G. Redevelopment of the Lionshead Annex with consideration given to the relocation of a Youth Recreation Center and the Colorado Mental Health offices. H. Improvement of the pedestrian, transit, and vehicular circulation between the parking structure and the Lionshead retail mall. I. Provide loading and delivery for uses created on-site which can also be used by adjacent Lionshead retail uses. J. Improve hotel shuttle bus circulation which currently drops guests at the southwest corner of the Lionshead parking structure. The Town of Vail. is interested in siting a Lionshead transit facility to accommodate 5 buses for regional bus traffic. The parking structure area is one of the locations under consideration for that use (See Draft Master Plan for Parking Structure). K. Creation of a retail connection along the south side of the project site that is consistent with the Lionshead Redevelopment Master Plan. L. Frontage Road Improvements consistent with the Lionshead Redevelopment Master Plan and acceptable to the Colorado Department of Transportation. M. Other public amenities that would augment the vitality and economic impact of the development. N. Use of the U.S. Green Building Council's LEED Green Building Rating System, or a comparable alternative, to guide project design. Attachment A includes the RFP. It should be noted that proposed schedule changes are proposed below. B. Projected Costs for Maintaining the Lionshead parking structure and other associated improvements. The Lionshead parking structure was built in 1980 and is projected to have 25 years more of life before major reconstruction is required. Significant capital investments are required to reach the 25 years. Improvements to the Lionshead structure can be placed in the following categories: Structural/Capital Maintenance, these improvements extend the useful life of the structure • Repair all the stairs and stairways $350,000 due next couple of years • Ongoing Expansion Joint work $50,000/yr • Top Deck Slab re-topping within the next eight years $2,500,000 • Salt Penetration repairs $150,000 due next couple of years '` • Water Infiltration repairs $250,000 within 5 years • Painting/ Lighting /System Maintenance $150,000/yr • Parking Equipment replacement Due now $ 300,000 also every 5-7 years, will request for 2007 Operational: The current structure does not function well as it is designed • Install pay on foot stations $200,000 • Provide another exit to E LH Cir $ 750,000 • Convert the garage to one way circulation loose 100 spots cost to replace the 100 spots $3,500,000 • Roadway improvements for better ingress/egress $ 3,000,000 Code/regulatory: Required improvements to meet current codes will be required with any enhancement or remodel • Elevator to meet ADA $ 400,000 apiece • Sprinkler and detection systems $1,000,000 • Increase ventilation on certain levels $350,000 • Egress and proper emergency access issues $150,000 Enhancements: Keeping up with the customer expectations, matching the. new neighborhood and keeping the Vail experience • Bathrooms $ 500,000 • Information Booth $ $900,000 • Auxiliary Building $ 1,700,000- • Heated Entry Stairs $1,000,000 verses $300,000 • Elevators .See above • Streetscape $ 1,000,000 • New heated streetscape entry/Bus Plaza $ 3,000,000 Expansion we have stated the need to expand the supply by 400 spaces • 400 new spaces $ 12,000,000 Currently, some of the structural and capital maintenance issues are budgeted over the next 5 years (*). Operational issues are not budgeted except the possibility of roadway improvements using TIF funds. Enhancements are not budgeted except to use TIF funds for streetscape and. entry plaza. The conference center, if approved, would have addressed all of the issues with the exception of the topping slab, one way circulation, the information booth and expanded capacity by only 250 spaces verses 400 spaces. The revised capital budgets for 2007-2010 will need to reflect increased costs to take care of the shortcomings. III. ACTION REQUESTED FROM COUNCIL AND DRB & PEC REPRESENTATIVES A. Format for Interviews at the August 1, 2006 worksession Staff would recommend the following format for the interviews. Interview the candidates based on alphabetical order of their firm names. 1. East West Partners, and 2. Open Hospitality Partners &Hillwood Capital Partnership Staff is proposing that both teams be interviewed on August 1, 2006, to review their phase 1 submittal. The purpose of this interview is to review qualifications and each teams preliminary ideas for the site. The presentations on August 1, 2006, would not include any significant drawings or plans other than the contents of the proposal submitted. This would be a public meeting and the community could listen to the interviews and staff would recommend that there is a period of time in each interview for the public to ask the candidates questions (10 minutes). Staff would recommend that any representative of the competing developing company not be allowed in the Council chambers during the other competitors interview. Staff would propose that each team respect this requirement or be disqualified from further qualification if this rule is not respected. The following format is recommended fora 1 hour interview period for each team: • 30 minutes presentation by the developer • 20 minutes of question by the committee • 10 minutes of question by the public B. Action Requested of the Council in the evening meeting 1) Review the Phase 1 submittals and determine whether to request that each team prepare proposals. Two firms submitted valid qualifications. Those firms include: • East West Partners, and • Open Hospitality Partners &Hillwood Capital Partnership The next phase of the RFP process involves developing a more complete proposal on what each development groups envisions for the site. This will involve a significant investment in time and money for the teams to complete these proposals. There for, it is critical to determine if each of these teams 4 (or any) should proceed to the development of proposals which would then be then submitted on September 1, 2006. It was the intent of the RFP to have two teams participate in the proposal process. In the evening, staff would request that the public is allowed to provide input to the Council on whether or not to invite the two development firms to submit full proposals by September 1St. The development teams would be available. in the evening meeting to answer questions of the Council and/or the public. Staff is requesting direction from the Town Council via a motion on whether both or neither of the firms be invited to prepare proposals. 2) Approve of the next steps in the RFP process If the Town Council directs staff to invite both teams to prepare proposals staff would request direction on the next steps for that proposal submittal. Staff would first suggest that the review committee be augmented with four additional positions that are represented by 1) lodging, 2) business/retail community, 3) .second homeowners, and, 4) an at-large community representative. August 2-Sept 1, 2006- Teams will solicit feedback from community on uses. September 1, 2006 Phase 2 proposals due by 5:00 p.m. Mountain Time September 4-8, 2006 Technical Review of Proposals: This will include staff review of the proposals for zoning compliance, traffic/circulation issues and a critique, from a financial perspective of the pro-formas that are submitted with the proposals. This would result in a series of questions and comments to be forwarded to the selection committee for their consideration. September 19, 2006 Presentation to Committee at the evening Town Council Meeting of their Proposals, September 20, 2006 Presentation to Community of Proposals October 3, 2006 Public Hearing/Decision on Proposals 3) Opportunities for Pubtic Participation The following opportunities for public involvement are proposed during this selection process: Phase 1 • The initial opportunities for public involvement include participation in the Phase 1 interviews on August 1, 2006. Staff would propose a 10 minute opportunity for the public to question each respondent during their interview period. During the evening of August 1, 2006, staff would propose that the Vail Town Council receive public input on the process and then give staff direction on who (if any) should be invited to submit a proposal Phase 2 • Staff would recommend that the two developers, if both are invited to provide proposals, actively seek public input prior to their submissions on September 1, 2006 Staff would also recommend that the selection committee be broadened to include four additional positions that are represented by 1) lodging, 2) business/retail community, 3) second homeowners,. and 4) an at-large community representative. It is suggested that the Town advertise to fill these seats on the committee and then elect those members at the August 15, 2006 Town Council meeting. • The public would be invited to both a Town Council/committee presentation of the proposal on September 19, 2006, and to an evening (5:00 to 7:30) public meeting at Donovan Park Pavilion (location & time needs to be confirmed) on September 20, 2006, where each developer would present their proposal to the public. • Then on October 3, 2006, the public would be invited to a public hearing to provide their input on the proposals. After Selection of a Developer • Staff would recommend that the initial step would be to update the Lionshead Redevelopment Master Plan that would include a public process to update the circulation and use recommendations in the plan. The public. process would continue with the applicant making a formal application after any needed updates to the Lionshead Redevelopment Master Plan are completed. This would include public meetings with-the Planning and Environmental Commission and Design Review Board. The Vail Town Council, as the land owner, would also need to formally approve the project. F:\cdev\COUNCIL\MEMOS\06\Lionshead RFP80106.doc Attachment A Town of Vail Request for Proposals To redevelop existing parking structure in Vail, Colorado as a mixed use development providing over 1150 public parking spaces May 10, 2006 1. BACKGROUND The Town of Vail owns and operates an 1150 space parking structure and an unimproved charter bus parking lot located at 395 South Frontage Road in Vail, Colorado (See Section 7 of RFP). This site is 6.6 acres in size and is located in the Lionshead Redevelopment Master Plan Area which is one of two pedestrian retail areas in Vail. In addition, this site is included in the Lionshead Urban Renewal Area. Lionshead is currently experiencing a major redevelopment with the new Arrabelle mixed -use project and redevelopment of several surrounding condominium projects. Lionshead is at the heart of Vail's $1 billion renewal. A draft master plan for the parking structure was completed during the process of considering a conference center and the Town identified at that time, the following needs for the site: • The existing parking structure needs both capital and operational improvements to maintain its effectiveness in the future, • The Town- currently needs 400-500 additional public parking spaces to minimize overflow parking on the Frontage Road to 15 days per winter season, • Redevelopment of the parking structure should include retail development on the south side of the parking structure as called for in the Lionshead Redevelopment Master Plan, • Pedestrian access needs to be improved between the parking structure and the Lionshead retail area, and • Improve the Lionshead information center. In the last year, private developers have approached the Town of Vail and proposed redevelopment of the site to accommodate both public and private uses. To ensure a fair and equitable process, the Vail Town Council has directed that a "Request for Proposals" be issued to solicit development proposals which meet the project goals of the Town for this site. This Request for Proposals seeks qualified developers who can develop the Lionshead Parking Structure consistent with the project goals of this Request for Proposals stated below. 1 2. PROJECT GOALS: The following are project goals for any developer considering submitting a proposal: A. Development proposals shall comply to the Lionshead Redevelopment Master Plan (See http://www.vailgov.comldocs/dl forms/lionshead master plan.pdf)) and be consistent with Lionshead Mixed Use 1 Zoning (See httg://www.sterlingcodifiers.com/CO/Vail/for Title 12 in the Vail Town Code). B. Development proposals consistent with the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 Zone District shall help pay for the public improvements. A strong preference is given to uses that generate "hot beds" such as accommodation units (hotels) and Employee Housing Units. Parking generated by private development shall be provided and paid - for by the developer. C. Meeting/event/conference facilities accessory to hotel and lodging uses. D. The Town anticipates extensive improvements to the Lionshead Parking Structure in the near future. Creation of a new public parking structure, paid for through the redevelopment of the site, should include a minimum of 1150 public parking spaces which would improve the operational performance of the structure compared to current operation (See 2005 Walker Parking Study in Attachment B). The Town is assuming that it would continue to own and operate public parking in Lionshead. E. Creation of new public parking in excess of the 1150 existing spaces on the site based on circulation viability. F. Creation of a new Lionshead Information Center with public restrooms. G. Redevelopment of the Lionshead Annex .with consideration given to the relocation of a Youth Recreation Center and the Colorado Mental Health offices. H. Improvement of the pedestrian, transit, and vehicular circulation between the parking structure and the Lionshead retail mall. I. Provide loading and delivery for uses created on site which can also be used by adjacent Lionshead retail uses. J. Improve hotel shuttle bus circulation which currently drops guests at the southwest corner of the Lionshead parking structure. The Town of Vail is interested in siting a Lionshead transit facility to accommodate 5 buses for regional bus traffic. The parking structure area is one of the locations under consideration for that use (See Draft Master Plan for Parking Structure). K. Creation of a retail connection along the south side of the project site that is consistent with the Lionshead Redevelopment Master Plan. L. Frontage Road Improvements consistent with the Lionshead Redevelopment Master Plan and acceptable to the Colorado Department of Transportation. M. Other public amenities that would augment the vitality and economic impact of the development. N. Use of the U.S. Green Building Council's LEED Green Building Rating System, or a comparable alternative, to guide project design. 2 3. MINIMUM QUALIFICATION TO SUBMIT A PROPOSAL The Town is accepting bids to redevelop the Lionshead Parking Structure from qualified developers. A "Respondent" to this RFP must satisfy the following conditions (the "Qualification Conditions"): The Respondent (by itself or together with its affiliates) must have first-class experience and expertise in developing and operating premier hotel/lodging accommodations and real estate developments. The Respondent and/or its affiliates must demonstrate the financial ability to implement the above mentioned goals. Vail Resorts maintains a deed restriction on the property that limits the use to public parking and accessory uses. They have indicated that they will modify the deed restriction to accommodate private development on that site if the public goals are achieved. Developers should provide with their submittal, a letter that their concept is acceptable to Vail Resorts, as part of their Phase I submittal. Such letter may contain conditions and contingencies which must be .satisfactory to Vail Resorts before such deed restriction is removed. 4. SUBMITTAL REQUIREMENTS This RFP involves atwo-phase selection process. The first phase involves providing a statement of qualifications of the respondent's team and a concept overview which describes the initial ideas of the respondent for redeveloping the Lionshead Parking structure. The second .phase includes a more detailed development proposal. Phase 1: Qualifications and Concept Paper A. Statement of Qualification: Provide a statement of qualification that describes the team to be involved in the redevelopment. This statement should include similar projects, references from those same projects, and detailed financial statement(s) that provide a current summary of the financial health of the respondent. Other specific information shall include: 1) Identify the specific individuals that will be involved in this project; 2) State roles of each member and provide organizational chart; 3) Highlight strengths of team; 4) Describe team's expertise as it pertains to the delivery of mixed use projects; 5) Provide a detailed list of previous development projects and illustrative examples of previous developments with verifiable contact information; 6) Provide a detailed current financial statement for the company proposing to redevelop the property. 3 B. Concept Overview The respondent shall prepare a written concept which includes the following at a minimum: • Site plan; • Description of uses; • Acceptance letter from Vail Resorts; • Preliminary pro-forma; and • Any assumptions that may require Town involvement. All respondents shall send written confirmation that they intend to respond to the RFP on June 9, 2006 by 5:00 p.m. to rforrest(a~vailgov.com. All respondents shall provide 18 copies of their qualifications and concept overview related to phase 1 by 5:00 p.m. on June 28, 2006. Selected development teams will present their qualifications and concept papers to the Review Committee on the afternoon of July 17, 2006. Phase 2: Detailed Proposal The Town will shortlist developers down to approximately two respondents. If invited to submit a proposal, the respondent will provide a detailed narrative description of the proposal to achieve the above mentioned goals. Proposals shall include: • All proposed uses, including approximate square footages. • A proposed detailed financial plan for the execution of the plan. This shall include all assumptions for Town involvement. In addition, this shall include a detailed pro-forma of expenses and revenue for building and operating the project. The Town does assume that the developer will pay for all associated building permit fees, tap fees, road impact. fees, housing mitigation, and compliance to the Art and Public Places Plan. • A proposed schedule for acquisition and/or redevelopment of the property. The schedule should correspond to the cash flow model submitted. • A concept plan that includes a site plan, example elevations that convey architectural charter of the proposal, unit mix and rough floor plans to match the financial plan submitted. • A written summary of any assumptions for receiving entitlements for the proposed redevelopment of the property. The Town zoning code is available at www.vailgov.com (Chapter 12 is the zoning code). The Town reserves the right to refine the request for proposals after meeting wi#h candidates to review qualifications and concepts. The final proposal covering all elements of this RFP shall be received by the Town by 5 p.m. on September 7, 2006. Presentation of the final proposal is tentatively scheduled for September 13, 2006. The Town may also request that the finalist present their proposals in a public forum. The review committee will include Vail Town Council members, Town staff, and members of the public. The Vail Town Council will be the final decision maker for this request for proposals. 4 All correspondence and questions should be directed to: Russell Forrest Director Community Development Department 75 Frontage Rd Vail, CO 81657 970-479-2146 Email: rforrest@vailgov.com 5. 6 SCHEDULE: RFP Issued May 10, 2006 RSVP to rforrest@vailgov.com by June 9, 2006 Phase 1 submittal due by 5:00 p.m. on: June 28, 2006 Presentation of Qualifications and Concept (Phase 1) July 17, 2006 Notification to Select Teams to Proceed to Phase 2, August 2, 2006 Full Proposal Submittal of Phase 2 due by 5 p.m. on: September 7, 2006 Proposal Presentations for Phase 2 on: September 13, 2006 *Potential Open House for the Public September 13, 2006 Proposal Selection-Evening Council Meeting September 19, 2006 Dates are subject to change. Active candidates will be notified via email or in writing of any date or time changes. GENERAL CONDITIONS Limitations and Award: This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred in the preparation and submission of qualifications in anticipation of a contract. The Town of Vail reserves the right to accept or reject all or any submittal received as a result of this request, to negotiate with .all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, .likewise, with the remaining firms. Selection: Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements and cost estimate. Equal Employment Opportunity: The selected consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 5 7. ATTACHMENTS Please refer to ftp:!/www.vailgov.com! for associated attachments for this RFP. The login for the site is: Lionshead The Password for the site is: vail This FTP site includes the draft Master Plan for the 2004 Vail Conference Center which will provide valuable information about the site and associated circulation and transportation issues (This is provided for reference only-This plan was not formally approved). In addition, various plans associated with the area are included which may be helpful in the development of the site. The Town has also included a web site which reviews the high points of the billion dollar redevelopment of Vail .for your reference. We have. also included web connections to the Lionshead Redevelopment Master Plan, and Town Code. This site will also be used to post both questions and answers to questions poised about the RFP. F:\cdevlCOUNCIL\MEMOS\06\Lionshead ParkingstructureRFP.doc 6 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,. July 24, 2006 ~}il~+~FYAIiJ " 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahi!! Dick Cleveland Ann Gunion Bill Jewitt Bill Pierce Site Visits: MEMBERS ABSENT Rollie Kjesbo 1. Streich /Salmons Residence - 5087, 5097 Main Gore Drive 2. Cohen Residence - 265 Beaver Dam Road 3. Whitewater Park -East of the International Bridge on Willow Bridge Road 4. Vail Cascade Residences -Vail Cascade Subdivision Driver: George 1. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a recommendation to the Vail. Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: To be tabled to August 14, 2006 MOTION: Jewitt SECOND: Cleveland VOTE:6-0-0 2. A request for a final' review of a variance, from Section 12-6B-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto: (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson ACTION: Denial MOTION: Jewitt SECOND: Cleveland VOTE: 3-2-1 (Gunion and Bernhardt opposed, Pierce recused) Bill Gibson made a presentation per the staff memorandum dated July 24, 2006 Page 1 ~~ Lynn Fritzlen made a presentation of the application on behalf of the applicant. Mrs. Fritzlen acknowledged that the garage could be reconfigured to lessen the amount of square footage in the front setback. Doug Cahill questioned the distance from the concrete structural column to the setback line. Bill Gibson stated that the distance was 19.5 feet. Anne Gunion inquired whether the applicant had considered a slight reconfiguration to the existing structural members to accommodate a redesign that would not require variance. Lynn Fritzlen exampled the design concepts. Chas Bernhardt recommended a redesign to the plans to avoid the need for the variance. He acknowledged that the previous variance had already granted the relief necessary to provide uniformity of the regulations. Chet Arasim, with Fritzlen Pierce Architects, explained why the garage was located where it had been. He stated that the site was impacted by wetlands, ponds, and mature trees. There was no public comment. Dick Cleveland agreed with the staff memorandum and the comments already discussed by the other Commission members. Bill Jewitt had no additional comments. Anne Gunion explained alternate solutions to the garage addition as proposed. She indicated that the hardships of this application were self-imposed. Chas Bernhardt again stated that structural reconfiguration could occur without the granting of a variance. Doug Cahill stated that he saw that the driving force of the application was to create a new media room. Lynne Fritzlen requested the item be tabled, so the applicant could negotiate with Staff and modify their setback variance request. Bill Gibson clarified that Staff did not recommend approval of any front setback variance. Bill Jewitt stated that he would not support any front setback variance request called to question. Ann Gunion and Chas Bernhardt supported tabling this item and therefore voted against the motion to deny. 3. A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade ResidencesNail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett i Page 2 ACTION: Approved, with conditions MOTION: Cleveland SECOND: Jewitt VOTE: 6-0 Matt Gennett gave a presentation per the July 24, 2006, Staff memorandum. Jack Snow, applicant's representative, presented a summary of the request. Tom Kassmel, Town Engineer, clarified the Public Works Department's recommended conditions of approval. There was no public comment. Bill Pierce related that the control to the entrance determines where the vehicles will be located and not the width of the door. He noted that the structure in his office building has more parking spaces and very few conflicts. Ann Gunion had no concerns. Chas Bernhardt noted that this is a positive solution. Dick. Cleveland asked about the general parking situation at Cascade Village, commenting that he appreciates the construction of any new spaces. Matt Gennett clarified the existing parking situation at the Cascade Village. Dick Cleveland asked how loading and delivery will be addressed in practice with today's situation. Jack Snow stated that the Cascade will need to speak with the delivery drivers. Bill Jewitt had no comment. Doug Cahill noted that there was adequate space for vehicles to avoid most conflicts. 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to August 14, 2006 MOTION: Jewitt SECOND: Cleveland VOTE: 6-0 5. A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, .Vail Town Code, to allow for a proposed realignment of the common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett ACTION: Approved, with conditions MOTION: SECOND: VOTE.: Page 3 1) A plat note shall be placed on the plat by the applicant's surveyor, prior to being signed by the Chairman, which states the following: "No side setback variance requests may be approved by the Planning and Environmental Commission (PEC) which reference the shared. property line between Lots 2 and 3, as reconfigured by this plat, as a hardship or a factor in requesting the setback variance." The reason for this condition of approval is due to the applicants' creation of a site shape and dimension which could result in a new owner requesting a variance for future development. Matt Gennett gave a presentation per the July 24, 2006, staff memorandum. Doug Wagner, the applicant's representative, presented a detailed summary of the request. He noted their willingness to adjust the proposed lot lines by 10 feet, instead of 20 feet as recommended by Staff. Doug Cahill and Ann Gunion asked to more closely review the tree locations. Bill Jewitt recommended a plat note stating that the configuration of these lots will not be a hardship for a future variance. There was no public comment. Dick Cleveland doesn't generally have a problem with a change in property lines as long as there is no net change in development potential and no future hardships. Mr. Cleveland further recommended approval with a plat note preventing future side setback variances. Bill Jewitt agreed with Dick Cleveland. Bill. Pierce has a concern about creating uniquely shaped lots. He is skeptical that this will preserve more trees. Ann Gunion believes the proposal meets intend of the code. Chas Bernhardt and Doug Cahill agreed with Dick Cleveland's comments. 6. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract {, Bock 5E, Vai1 Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Approved (streambank stabilization portion of the application) MOTION: Jewitt SECOND: Bernhardt VOTE: 5-1-0 (Cleveland opposed) ACTION: Table to August 14, 2006 (inflatable bladders portion of the application) MOTION: Jewitt SECOND:. Bernhardt VOTE: 6-0-0 Bill Gibson made a presentation per the staff memorandum. Gregg Barrie of the TOV Public Works Department gave a presentation demonstrating the subject device(s) both inflated and deflated in a flowing body of water. Page 4 Doug Cahill asked how often the Whitewater Park is used, outside of the Teva Games, in any given season. Gregg Barrie answered and stated the park was always intended to be a destination place for kayakers and this feature would improve the draw from across the valley. Doug Cahill asked about the length of the features. and the purpose of their dimensions, etc., Gregg Barrie answered and explained how the devices work to divert water at different levels though adjustments. There was no public comment. Doug asked about the increase in velocity of water in the floodplain. Tom Kassmel answered with an explanation having to do with not increasing erosion which is associated with an increase in water velocity, and not increasing the 100-year floodplain flow itself. Bill Pierce had no comments. Anne Gunion had no comments. Chas Bernhardt asked if advertising would be allowed on the inflated bladders. Gregg Barrie answered not at the moment. Dick Cleveland stated he is against the proposal due to aesthetic reasons. He said Vail is already referred to as a plastic town and now we're asked to allow rubber rocks. Bill Jewitt stated he is worried the Official Floodplain Maps are due out in about one year and would not be inclined to approve this until the floodplain maps come out. Also,. he said the Teva Games are scheduled during high flow and they are the only ones who would consider this approval an emergency. Dick Cleveland asked staff whether this will go to DRB. Staff confirmed indeed, it will Chas Bernhardt asked for further clarification on the floodplain (FEMA) maps and Tom Kassmel provided further information on the approval process and FEMA's criteria for floodplain modification, and summarized by saying FEMA has directed the Town to use the new floodplain data and that FEMA will not have a problem with this proposal. Doug Cahill said he does not have a problem with the stream bank stabilization work, but is concerned about the aesthetics of the proposed devise and. modifications. He asked Gregg Barrie if the devices have been used anyplace else and Gregg Barrie answered by saying yes, but only in man made water parks in Maryland and North Carolina. He also said the TOV would not even be considering this option if not for the existing concrete slab upon which said devices will be mounted. Bill Pierce said this type of modification is not out of character with a ski resort, it is a recreational area with things like terrain parks and snowmaking operations. Page 5 Chas Bernhardt agreed and said he has never heard anyone complain about the existing concrete slab, which is ugly if you notice it under the stream. Since the Commission was split three for and three against, Bill Dewitt made a motion to table the whitewater park enhancement to the next hearing when all seven members would be present. Bill Jewitt made a separate motion of approval for the stream bank stabilization. 7. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1St Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett ACTION: To be tabled to August 14, 2006 MOTION: Jewitt SECOND: Cleveland VOTE: 6-0 8. A request for a final review'a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffeter Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: Matt Gennett ACTION: To be tabled to August 14, 2006 MOTION: Dewitt SECOND: Cleveland VOTE: 6-0 9. A request for a final review of a variance, from Section 12-6D-8, Density Control, and Section 12- 15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross .residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffeter Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson ACTION: To be tabled to August 14, 2006 MOTION: Dewitt SECOND: Cleveland VOTE: 6-0 10. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for text amendments to Article 12-7A, Public Accommodations District, Vail Town Code, to allow for banks and financial institutions as a conditional use within the Public Accommodations District, and setting forth details in regard thereto. (PEC06-0047) Applicant: Town of Vail Planner: Rachel Friede ACTION: WITHDRAWN 11. Approval of July 10, 2006 minutes MOTION: Cleveland SECOND: Dewitt VOTE: 6-0 12. Information Update: Russell Forrest 13. Adjournment MOTION: Cleveland SECOND: Dewitt VOTE: 6-0 Page 6 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please calf (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 21, 2006, in the Vail Daily. Page 7 ~1~~Ii~T °~ ~i~ DESIGN REVIEW BOARD AGENDA PUBLIC MEETING .July 19, 2006 3:00 P.M. PROJECT ORIENTATION /LUNCH -Town Council Chambers Sunslate Roofing Material MEMBERS PRESENT Mike Dantas Sherry Dorward Pete Dunning Lynne Fritzlen Margaret Rogers MEMBERS ABSENT SITE VISITS 1. Cohen Residence - 265 Beaver .Dam Road 2. Leeds Residence - 965 Fairway Drive 3. Rosenbach Residence -107 Rockledge Road 4. Deer Ridge LLC - 5107 Main Gore Drive Driver: George 12:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm 1. Rondeau Residence DRB06-0244 / 5 minutes Elisabeth Conceptual review of a garage addition 1613 Matterhorn Circle/Lot 26, Matterhorn Village Filing 1 Applicant: Paul and Nancy Rondeau Conceptual Review; no vote 2. Leeds Residence DRB06-0255 / 5 minutes Elisabeth Final review of new construction (duplex) 965 Fairway Drive/Lot 2, Vail Village Filing 10 Applicant: Bob and Ursula Leeds, represented by Berglund Architects, LLC ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 CONDITION(S): 1. At the time of the applicant's submittal for a building permit, the following items must be submitted to the Public Works Department. A revocable Right-of-Way permit Stamped PE drawings of walls over four feet (4'). An erosion control detail. A public way permit. 2. At the time of building permit submittal, the applicant shall submit a site specific study by a professional geologist which any necessary mitigation for the Moderate Severity Rockfall and the High Hazard Avalanche Debris upon the site (pursuant to Section 12-21-15-B). Page 1 3. Rosenbach Residence DR606-0261 / 10 minutes Bill Final review of a residential addition (single family residence) 107 Rockledge Road/Lot 7, Bock 7, Vail Village Filing 1 Applicant: Susan Rosenbach, represented by K.H. Webb Architects ACTION: Tabled to August 2, 2006 MOTION: Dorward SECOND: Dantas VOTE: 5-0-0 4. Cohen Residence DRB06-0307 / 10 minutes Bill Conceptual review of a residential addition (garage, bedroom, dining room, landscaping) 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1 Applicant: David Cohen, represented by Fritzlen Pierce Architects Conceptual Review; no vote Lynne Fritzlen recused herself from the discussion of this item 5. Deer Ridge LLC DRB06-0272 / 5 minutes Warren Final review of new construction (single family residence) 5107 Main Gore Drive/Lot 4, Block 1, Bighorn Subdivision Addition 5 Applicant: Deer Ridge LLC, represented by Kevin Reeder ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 6. Town of Vail /East Meadow Drive Streetscape DRB06-0262 / 10 minutes Warren Final review of new construction (streetscape improvements) Public Right-of-Way/ Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer ACTION: Approved MOTION: Dorward SECOND: Dunning VOTE: 5-0-0 Staff Approvals Roman Residence DRB05-0381 Final review of a minor alteration (re-roof) 1761 Alpine Drive/Lot 32, Vail Village West Filing 1 Applicant: John Roman Warren Corboy Residence DRB06-0194 Warren Final review of new construction (demolish existing garage, construct new garage) 1460 Greenhill Court/Lot 20, Unit B, Glen Lyon Subdivision Applicant: Philip Corboy, represented by Fritzlen Pierce Architects Booth Creek Drive LLC DRB06-0237 Warren Final review of a minor alteration (remove fireplace, add windows) 2950 Booth Creek Drive/Lot 2, Block 3, Vail Village Filing 11 Applicant: Booth Creek Drive, LLC, represented by Nedbo Construction, Inc. Maritz Residence DRB06-0240 Matt Final review of a residential addition (second story) 1100 Hornsilver Circle/Lot 7, Block 1, Vail Village Filing 8 Applicant: Flip and Jenny Maritz, represented by Fritzlen Pierce Architects Page 2 Maloff Residence DRB06-0242 Final review of a residential addition (deck, foyer) 770 Potato Patch Drive, Unit 5/Lot 6, Block 2, Vail Potato Patch Subdivision Applicant: Perry Maloff, represented by Peel/Langenwalter Architects Vail Associates DRB06-0246 Final review of a minor alteration (add fill material) Tract F, Vail Village Filing 7 Applicant: Vail Associates, represented by Tom Allender Saks Residence DRB06-0247 Final review of a minor alteration (deck) 5020 Main Gore Place/Lot H, Gore Creek Meadows Filing 1 Applicant: Nina Saks Hintz Residence DRB06-0249 Final review of a residential addition (garage and apartment) 3130 Booth Creek Drive/Lot 10, Block 3, Vail Village Filing 11 Applicant: B. Jurgen Hintz, represented by Snowdon and Hopkins Architects,- PC Christmas by Masked Man DRB06-0251 Final review of a sign 143 East Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Louis Meskimon Kjesbo Residence DRB06-0254 Final review of change to approved plans (grading) 3877 Lupine Drive/Lot b, Bighorn Subdivision Applicant: Rollie and Jeanne Kjesbo, represented by K.H. Webb Architects Olson Residence DRB06-0259 Final review of a residential addition (deck, garage) 1785 Sunburst. Drive/Lot 1, Block 1, Vail Valley Filing 3 Applicant: Curtis and Kristin Olson, represented by Shepherd Resources, Inc. Nugget Lane Partners, LLC DRB06-0260 Final review of a residential addition (dormer, exterior finishes) 4269 Nugget Lane/Lot 3, Bighorn Estates Applicant: Nugget Lane Partners, LLC, represented, by Morter Architects Joyce Residence DR606-0267 Final review of a minor alteration (deck) 1715 Geneva Drive/Lot 1, Matterhorn Subdivision Applicant: Joseph Joyce Williams Residence DRB06-0268 Final review of a minor alteration (landscaping) 1401 Lion's Ridge Loop/Lot 4, Lion's Ridge Filing 2 Applicant: AI and Susan Williams, represented by Victor Mark Donaldson Architects Matt George Joe Warren Elisabeth Matt Bill Elisabeth Joe Warren Page 3 Rappaport Residence DRB06-0269 Elisabeth Final review of a minoralteration (driveway pavers) 366 Hanson Ranch Road/Lot D, Block 2, Vail Village Filing 1 Applicant: Rappaport Family Trust, represented by L2 Innovations, Inc. Jacobi Residence DRB06-0275 Final review of change to approved plans (roof) 2009 Chamonix Lane/Lot 28, Buffehr Creek Subdivision Applicant: Jean and Lillian Jacobi, represented by TCC Roofing Joe Erickson Residence DRB06-0277 Joe Final review of a minor alteration (roof) 1139 Sandstone Drive, Unit 3/Lot 3, Indian Creek Subdivision Applicant: R. Kent and Barbara Erickson, represented by Nedbo Construction Lodge Tower DRB06-0278 Final review of change to approved plans (elevator enclosure) 200 Vail Road/Lots A, B, C, Block 5C, Vail Village Filing 1 Applicant: Lodge Tower, represented by Stan Cope Jakobsons Residence DRB06-0279 Final review of a minor alteration (landscaping) 4273 Spruce Way/Lot 16, Block 9, Bighorn Subdivision Addition 3 Applicant: Gunars and Veva Jakobsons Crossview at Vail DRB06-0281 Final review of a minor alteration (landscaping) 1460 Buffehr Creek RoadlCrossview Subdivision Applicant: Crossview Homeowners Association Bill Joe Joe Winter Residences DRB06-0282 Bill Final review of change to approved plans (extension previous approval) 4094 Lupine Drive/Bighorn Subdivision Applicant: Plumb Kendall Construction, represented by Alex Mintling Schwartz Residence DRB06-0283 Final review of a minor alteration (portable spa) 950 Red Sandstone Road/Potato Patch Club Condominiums Applicant: Michael and Ilene Schwartz Lee Residence DRB06-0285. Final review of a minor alteration (re-roof) 1915 West Gore Creek Drive/Lot 28, Vail Village West Filing 1 Applicant: S. Zachary Lee, represented by W. Robert Wray, Inc. Hubbard Residence DRB06-0287 Final review of change to approved plans (roof changes) 2179 St. Moritz Way/Lot 8, Vail Heights Filing 1 Applicant: Trent Hubbard, represented by John Martin Joe Joe Bill Page 4 Raiola Residence DR606-0288 Elisabeth Final review of change to approved plans (entry door location, deck) 1807 Alpine Drive/Lot 44, Vail Village West Filing 1 Applicant: Jay Raiola Lee Residence DRB06-0289 Final review of a minor alteration (driveway) 1915 West Gore Creek Drive/Lot 28, Vail Village West Filing 1 Applicant: S. Zachary Lee, represented by W. Robert Wray, Inc: Wisenbaker Residence DRB06-0293 Final review of a minor alteration (deck addition) 153 Beaver Dam Road/Lot 37, Lot 7, Vail Village Filing 1 Applicant: Michael Wisenbaker Vista Bahn Building DRB06-0302 Final review of a minor alteration (extension of DRB for deck) 333 Hanson Ranch Road/Lot c, Block 2, Vail Village Filing 2 Applicant: Remonov and Company, Inc. Brennen Residence DRB06-0303 Final review of a minor alteration (windows) 1838 Sierra Trail/Lot 15, Vail Village West Filing 1 Applicant: John Brennen Writer Residence DRB06-0304 Final review of a minor alteration (landscaping) 1307 Vail Valley Drive/Lot 3, Block 3, Vail Valley Filing 1 Applicant: Diane Writer Joe Elisabeth Bill Joe Joe Rammrath Residence DRB06-0305 Joe Final review of a minor alteration (window, door) 1159 Sandstone Road/Lot 5, Block 1, Lion's Ridge Subdivision Applicant: Herbert Rammrath, represented by Double R Contracting Schink Residence DRB06-0309 Joe Final review of a minor alteration (siding) 5027 Main Gore Drive/Lot 1, Block 1, Bighorn Subdivision Addition 1 Applicant: James and April Schink, represented by Plath Construction Delponte Residence DR606-0311 Joe Final review of a minor alteration (driveway pavers) 3070 Booth Creek Drive/Lot 7, Block 3, Vail Village Filing 2 Applicant: Reg Delponte, represented by Vogelman West Associates, tnc. Riverbend at Vail DRB06-0315 Joe Final review of a minor alteration (windows) 4800 Meadow Drive/Lot 1, Riverbend at Vail Applicant: Riverbend at Vail Homeowner's Association, represented by Gene McGarrity Page 5 Memorandum To: Town Council From: Judy Camp Kathleen Halloran Date: July 27, 2006 Subject: 2007 Budget -Major Revenue Analysis In accordance with our budget timetable (Attachment A) we are attaching our latest estimate of 2006 projected revenue and proposed revenue for the 2007 budget (Attachment B -Major Revenue Analysis). Revenue is projected conservatively in accordance with our budget guidelines, taking into consideration historical trends and any additional information known at this time. We have included the estimated impact of major development projects on sales tax, construction permit fees, and real estate transfer tax. Attachment C is a matrix of development projects showing our assumptions on the impact of each. The proposed 2007 budget for sales tax is marginally lower than the 2006 projection primarily because 2006 collections were impacted by an excellent ski season and our projection for 2007 assumes an average ski season. Reductions based on planning for an "average" ski season are somewhat offset by sales tax generated from redevelopment projects reaching completion. Fewer redevelopment projects are included in 2007's construction fees than in 2006 accounting for the lower projection; however timing of these fees is difficult to predict and revenue could change dramatically if a single project is either delayed or comes forward sooner than expected. Several projects are pending, but have not been included until we are able to estimate timing and revenue expectations more closely. The increase in real estate transfer tax. for 2007 is due to redevelopment projects as listed on the matrix. Summary Our current proposal shows a total of $46.1 million in 2007 revenue compared with $44.3 million projected for 2006, an increase of $1.8 million or 4.1%. A nearly $2.7 million increase in projected real estate transfer tax revenue is offset by a $.4 million reduction in construction fees and $.5 million reduction in all other revenue, primarily capital project reimbursements. All revenue items will be looked at in further detail as we proceed through the budget process and will be adjusted as needed. 060801 Major Revnue Analysis _ 1 _ Town of Vail Proposed 2007 Budget Timetable Contributions Council criteria discussion Out of cycle funding requests (if needed) Deadline for return of Contribution packets Council evaluation of requests and direction for 2006 budget Budget Guidelines Council discussion of budget timetable Council discussion of budget philosophies Guidelines distributed to department heads Presentation of 2005 audit report to Council 2006/2007 parking task force meeting Capital budget request for county funds submitted Staff prepares departmental budgets Council discussion of major revenue items Town Manager reviews departmental budgets Council discussion of Capital plan Council discussion of RETT plan Council review of Vail Reinvestment Authority Council review of first draft of Town Manager's budget Council review of second draft of Town Manager's budget Budget Documentation and Reporting First reading of 2006 Supplemental Number Two Second reading of 2006 Supplemental Number Two First reading of 2007 budget ordinance Second reading of 2007 budget ordinance First reading of mil levy certification ordinance First reading of 2006 Supplemental Number Three Second .reading of mil levy certification ordinance Second reading of 2006 Supplemental Number Three Mil levy certification deadline to Eagle County Budget book submission (to State) Attachment A 05/02/06 06/06/06 07/28/06 08/22/06 05/02/06 06!20/06 06/22/06 06/06/06 TBD TBD 06/30/06 to 08/01 /06 08/14!06 to 09/19/06 09/19/06 10/03/06 10/03/06 10/17/06 08/15/06 09/05/06 11 /07/06 11 /21 /06 11 /21 /06 11 /21106 12/05/06 12/05/06 12/15/06 01 /31 /07 Completed Completed Completed Completed Completed Completed Completed 08/04/06 09/01 /06 Version 2 Major Revenue Analysis 2007 Budget 2002 2003 2004 2005 2006 2006 Proposed Actual Actual Actual Actual Budget Projected 2007 Comments General Sales Tax 15,264,581 14,734,552 15,466,981 16,483,977 15,576,100 16,776,100 16,766,500 Trend, inflation, and redevelopment -3.0% -3.5% 5.0% 6.6% 1.8% -0.1 Conference Center 3,281,750 3,560,799 3,823,222 - - - County Sales Tax 491,952 484,152 515,268 532,291 495,500 547,500 547,200 -3.9% -1.6% 6.4% 3.3% 2.9% -0.1% Same historical relationship to sales tax Property Tax Revenue 2,630,105 2.,667,496 2,467,657 2,469,629 2,750,000 2,765,568 2,800,000 Estimate pending information from county 8.7% 1.4% -7.5% 0.1 % 12.0% 1.2% Lift Tax Revenue 2,344,921 2,273,055 2,496,162 2,777,698 2,620,000 2,802,301 2;890,000 Inflation 9.3% -3.1 % 9.8% 11.3% 0.9% 3:1 Road 8~ Bridge Revenue 492,166 474,919 440,550 437,547 450,000 450,000 450,000 Trend is down; left flat with projected. 3.1 % X3.5% -7.2% -0.7% 2.8% 0.0% Highway Users Tax 217,835 195,571 182,908 182,654 175,000 175,000 175,000 Trend is down; left flat with projected. -0.8% -10.2% -6.5% -0.1% -4.2% 0.0% Parking Revenue 2,548,806 2,993,378 3,285,932 3,651,537 3,248,000 3,375,380 3,375,380 Assuming parking rates to stay the same as 10.2% 17.4% 9.8% 11.1% -7.6% 0.0% '05 -'06, includes summer eking revenue Franchise Fees 580,372 592,875 676,538 842,529 790,000 790,000 790,000 -7.6% 2.2% 14,1% 24.5% -6.2% 0.0% Construction Fees 854,377 1,020,917 1,608,461 2,466,054 1,856,775 2,193,893 1,755,750 Based on projected redevelopment 8.3% 19.5% 57.6% 53.3% -11.0% -20.0% RETT Tax 2,943,338 3,270,723 4,921,961 6,206,054 6,175,000 6,175,000 8,821,500 Increase due to redevelopment projects -2.8% 11.1 % 50.5% 26.1 % -0.5% 42.9% All Other Revenue 6,555,874 6,312,445 8,431,894 9,094,625 5,817,837 8,226,690 7,719,088 05 included 2.8 million in capital project -7.2% -3.7% 33.6% 7.9% -9.5% -6.2% grants and reimbursements. Total Revenue compared to Prior Year 34,924,327 38,301,833 44,055,111 48,967,816 39,954,212 44,277,432 46,090,418 -1.2% 9.7% 15.0% 11.2% -9.6% 4.1% Major Revenue Analysis 060720 Attachment B 7/27!2006 Town of Vail Impact of Redevelopment Included in Revenue Projections Revenue Source Pro'ect Projected Dates Sales Tax Construction Permits Real Estate Transfer Tax A ollo Park Fall 2006 demolition Not Included Not Included Not Included Arrabelle 08/04 to 3/08 Reduced 2006/2007; increases projected 2008 Received 2005/2006; additional projected 2006 Projected for 2007 Crossroads 4/07 to 3/09 Reduced 2007/2008; increased 2009 2007/2008 Sale of condos projected 2009/2010 Forest Place 2004-2006 No Im act Received 2005/2006; additional projected for 2006 Projected 2006/2007 Four Seasons Plan review submittal 07/06 Not included Not included -inspection will be contracted Sale to developer received in 2005 Front Door 2/06 to 11/07 Increases projected beginning in 2008 Received 2006; additional projected 2006 Not Included Gore Creek Place 07/04 to 10/05 No Im act Received in 2004, 2005 and 2006. Projected for 2006 and 2007 LionsHead Center 2007 Reduced 2007 for retail off-line Not Included No Im act Lod e Tower 07/06 - 12/07 Reduced 2007; increased 2008 Received and pro~ected 2006 No Impact Manor Vail Plan review submittal 07/06 Not Included Not Included Not Included One Willow Bridge 08/04 to 12/06 Increases projected beginning in 2007 Received 2004/200512006 Projected be innin in 2006 Ritz-Carlton Plan review in 2006 Not included Not included Not Included Roost Pro osal submitted Not included Not included Not Included Vail Plaza Hotel 11/04 to12/06 Increases projected beginning in 2007 Received 2004/2005/2006 Projected be innin in 2007 Westhaven Condos Ruins 8/05 to 12/06 2007 ro'ected Received 2005/2006 Projected for 2007 Redevelopment Projects 060715 Attachment C 7iz7i2oos TOWNOF VAS Vail Information Services Review - 6 months Spring/Summer, 2006 OVERALL Overall, the Town of Vail is extremely pleased with the performance of Vail Info, Inc. in the successful operation of the Visitor Information Centers in Vail since Oct. 1, 2005. Vail Info, Inc.'s staff has demonstrated competent performance in the quest to assist Vail's visitors. The staffs commitment to success was immediately shown with the incredibly smooth transition from the prior operator given the challenges presented during the transition period. ~ The service evaluations have shown a genuine interest in serving Vail's guests. Vail Info, Inc. has successfully integrated the primary. objectives the Town provided in operating the information centers. As shown in the attached executive summary (provided by Vail Info, Inc.) visitation continues to be strong with more than 40,000 visits in the first 6 months of 2006. Additionally, lodging bookings have surpassed expectations producing $147,190.50 in revenue for the lodging community so far in 2006. LODGING & ACTIVITY SERVICES The lack of complaints from the lodging community is a further indication of a successful transition and the booking numbers continue to remain strong. Vail Info, Inc.'s support of the TOV's no commission structure (a savings of $22,000 to the lodging community thus far in 2006) is commendable and highly supported by the lodging community. Comments from the lodging community have been overwhelmingly positive in their evaluation of Vail Info, Inc.'s services. The only area for improvement identified was having the reservation system provide a confirmation upon input of availability. The executive summary provided monthly by Vail Info, Inc. shows the commitment to produce measurable results for the Vail community. TOV GOALS Business Focus -Vail Info, Inc. has displayed an enthusiastic spirit in supporting the TOV's vision. We commend you for taking the initiative to manage the rack fee policy and to keep in close contact with the Town to ensure your decisions and activities are in alignment with the Town's goals. Now that you have the experience under your belt, there is more opportunity for pushing forward with goals and objectives that would further the positive impact that the visitor centers have on the Vail community. Fairness in Access, Representation -Taking the initiative to contact all Vail businesses and explain the information center services shows the commitment to providing equal services to all interested Vail businesses. This introduction also allowed Vail Info, Inc. the opportunity to increase the know-how of staff that will help provide more resources in serving the guests. The design of the lodging referral program with the rotating inventory also shows the commitment to fairness in access. Singular Customer Service Focus & Purpose -The great results of the secret shopper program of 91 % shows the commitment and delivery in providing high levels of service to our guests in support of the Vail First initiatives. With only one exception, these evaluations showed that staff members have continually "exceeded expectations" in the services provided. Efficiencies -Vail Info, Inc. works closely with the TOV before implementing programs with a financial implication. When the opportunity arises, the organization has delivered money back to the TOV (I.E. non-Vail brochures and manhole cover product sales). Adaptability to Changing Circumstances -The flexibility that Vail Info, Inc. has displayed in dealing with the ever changing conditions with Vail's ongoing redevelopment is extremely valuable. The willingness to tweak your own ideas and receptiveness to TOV suggestions is appreciated. We thank Vail Info, Inc. for helping fill a construction host shift on short notice, for accommodating the renovation of the LH facility, and for tolerating the disruption caused by the exterior maintenance work at the W facility. AREAS FOR DEVELOPMENT OR IMPROVEMENT Vail Info, Inc. partners should continue working to create and strengthen partnerships within the local chamber groups. It is critical that we strive to maintain friendly business relationships with all Vail organizations for the betterment of the community. Immediate focus should be placed on building a cohesive communication between the two centers and the TOV. The lack of clarity in roles of the partners is a continuing challenge for TOV staff (and we imagine other businesses doing business with the centers.) This could be resolved with identifying a singular point of contact for day-to-day operations/ issues. It is imperative that we have confidence in Vail Info, Inc.'s commitment for the duration of the three year contract. AREAS OF SUCCESS ~ STRENGTH IN PERFORMANCE The commitment to collaborating with the TOV is evident in the constant communication on arising issues or problems. Vail Info, Inc. has promptly responded to requests and feedback. The willingness to take on difficult conversations (such as the non-Vail business issues) is admired. The consistent tracking of lodging and visitation services helps set the pace for the future. The staff of the centers is to be commended for a job well done and the enthusiasm they instill in our guests. The TOV is proud to say that we have confidence in Vail Info, Inc.'s competence to meet and exceed the town's goals. July 11, 2006 Vail Visitor Information Center Review Committee Farrow Hitt, Kim Newbury, Stan Zemler, Krista Miller, Suzanne Silverthorn 2 VaII VISItOr I nfOrmatlOn Center REPORT DATE: 6-Jul 2006 Town of Vail Executive Summary 2005 2006 2006 05/06 VII October November December YTd January February March Aprii May June YTD YTd VV Operating Hours 160 198 249 607 249 222 265 234 191 272 1433 2040 LH Operating Hours 188 202 248 638 248 224 263 194 114 284 1327 1965 Total 348 400 497 1245 497 446 528 428 305 556 2760 4005 W Visitation 1989 1564 3927 7480 4167 4286 4872 2667 2040 4714 22746 30226 LH Visitation 2231 1548 2988 6767 3362 3306 3905 2345 2069 5600 20587 27354 Total 4220 3112 6915 14247 7529 7592 8777 5012 4109 10314 43333 57580 Bookings East Vail 1 1 3 5 1 1 6 Vail Village/Gold Peak 54 41 30 125 33 43 39 39 145 299 424 LionsHead 8 19 23 50 30 21 17 6 66 18 158 208 Sandstone 3 5 8 17 11 9 4 1 1 43 51 Cascade Village 2 2 1 5 2 3 6 4 15 20 WestVail 1 1 13 15 16 16 19 4 1 11 67 82 Total 66 67 75 208 98 94 90 57 68 176 583 791 Revenue East Vail Vait Village LionsHead Sandstone Cascade Village WestVail Total Previous Year (VVTCB) $2,677.50 $189,000.00 $11,110.00 $202,787.50 $689.00 $689.00 $203,476.50 $6,448.00 $6,724.00 $12,955.00 $26,127.00 $12,273.00 $14,256.00 $11,621.00 $8,303.00 $9,100.00 $23,294.00 $78,847.00 $104,974.00 $1,106,00. $3,715.00 $5,909.50 $10,730.50 $9,279.00 $10,649.00 $6,488.50 $2,109.00 $218.00 $4,520.00 $33,263.50 $43,994.00 $1,401.45 $2,289.00 $3,690.45 $5,078.00 $6,203.00 $5,636.00 $1,113.00 $387.00 $18,417.00 $22,107.45 $587.00 $435.00 $150.00 $1,172.00 $659.00 $1,055.00 $2,734.00 $786.00 $5,234.00 $6,406.00 $213.00 $127.00 $2,473.16 $2,813.16 $3,237.00 $3,638.00 $2,031.00 $1,016.00 $59.00 $759.00 $10,740.00 $13,553.16 611,031.50 5201,402.45 634,886.66 ;247,320.61 :630,526.00 535,801.00 528,510.50 313,327.00 39,377.00 529,649.00 $147,190.50 5394,511.11 $9,274.00 $7,859.00 $12,559.00 $29,692.00 $17,408.00 $18,756.00 $22,655.00 $20,930.00 $5,128.00 $15,063.00 $99,940.00 $129,632.00 Commission Free Revenue $1,654.73 $30,210.37 $5,233.00 $37,098.09 $4,578.90 $5,370.15 $4,276.58 $1,999.05 $1,406.55 $4,447.35 $22,078.58 $59,176.67 T~OWNOF YAIL Vail Information Services Review - 6 months Spring/Summer, 2006 OVERALL Overall, the Town of Vail is extremely pleased with the performance of Vail Info, Inc. in the successful operation of the Visitor Information Centers in Vail since Oct. 1, 2005. Vail Info, Inc.'s staff has demonstrated competent performance in the quest to assist Vail's visitors. The staff's commitment to success was immediately shown with the incredibly smooth transition from the prior operator given the challenges presented during the transition period. ~ The service evaluations have shown a genuine interest in serving Vail's guests. Vail Info, Inc. has successfully integrated the primary objectives the Town provided in operating the information centers. As shown in the attached executive summary (provided by Vail Info, Inc.) visitation continues to be strong with more than 40,000 visits in the first 6 months of 2006. Additionally, lodging bookings have surpassed expectations producing $147,190.50 in revenue for the lodging community so far in 2006. LODGING & ACTIVITY SERVICES The lack of complaints from the lodging community is a further indication of a successful transition and the booking numbers continue to remain strong. Vail Info, Inc.'s support of the TOV's no commission structure (a savings of $22,000 to the lodging community thus far in 2006) is commendable and highly supported by the lodging community. Comments from the lodging community have been overwhelmingly positive in their evaluation of Vail Info, inc.'s services. The only area for improvement identified was having the reservation system provide a confirmation upon input of availability. The executive summary provided monthly by Vail Info, Inc. shows the commitment to produce measurable results for the Vail community. TOV GOALS Business Focus -Vail Info, Inc. has displayed an enthusiastic spirit in supporting the TOV's vision. We commend you for taking the initiative to manage the rack fee policy and to keep in close contact with the Town to ensure your decisions and activities are in alignment with the Town's goals. Now that you have the experience under your belt, there is more opportunity for pushing forward with goals and objectives that would further the positive impact that the visitor centers have on the Vail community. Fairness in Access, Representation -Taking the initiative to contact all Vail businesses and explain the information center services shows the commitment to providing equal services to all interested Vail businesses. This introduction also allowed Vail Info, Inc. the opportunity to increase the know-how of staff that will help provide more resources in serving the guests. The design of the lodging referral program with the rotating inventory also shows the commitment to fairness in access. Singular Customer Service Focus & Purpose -The great results of the secret shopper program of 91 % shows the commitment and delivery in providing high levels of service to our guests in support of the Vail First initiatives. With only one exception, these evaluations showed that staff members have continually "exceeded expectations" in the services provided. Efficiencies -Vail Info, Inc. works closely with the TOV before implementing programs with a financial implication. When the opportunity arises, the organization has delivered money back to the TOV (I.E. non-Vail brochures and manhole cover product sales). Adaptability to Changing Circumstances -The flexibility that Vail Info, Inc. has displayed in dealing with the ever changing conditions with Vail's ongoing redevelopment is extremely valuable. The willingness to tweak your own ideas and receptiveness to TOV suggestions is appreciated. We thank Vail Info, Inc. for helping fill a construction host shift on short notice, for accommodating the renovation of the LH facility, and for tolerating the disruption caused by the exterior maintenance work at the W facility. AREAS FOR DEVELOPMENT OR IMPROVEMENT Vail Info, Inc. partners should continue working to create and strengthen partnerships within the local chamber groups. It is critical that we strive to maintain friendly business relationships with all Vail organizations for the betterment of the community. Immediate focus should be placed on building a cohesive communication between the two centers and the TOV. The lack of clarity in roles of the partners is a continuing challenge for TOV staff (and we imagine other businesses doing business with the centers.) This could be resolved with identifying a singular point of contact for day-to-day operations/ issues. It is imperative that we have confidence in Vail Info, Inc.'s commitment for the duration of the three year contract. AREAS OF SUCCESS & STRENGTH IN PERFORMANCE The commitment to collaborating with the TOV is evident in the constant communication on arising issues or problems. Vail Info, Inc. has promptly responded to requests and feedback. The willingness to take on difficult conversations (such as the non-Vail business issues) is admired. The consistent tracking of lodging and visitation services helps set the pace for the future. The staff of the centers is to be commended for a job well done and the enthusiasm they instill in our guests. The TOV is proud to say that we have confidence in Vail Info, Inc.'s competence to meet and exceed the town's goals. July 11, 2006 Vail Visitor Information Center Review Committee Farrow Hitt, Kim Newbury, Stan Zemler, Krista Miller, Suzanne Silverthorn 2 Vail Visitor Information Center REPORT DATE: 6-Jui 2006 Town of Vail Executive Summary 2005 2006 2006 05/06 VII October November December YTD January February March April May June YTD YTD VV Operating Hours 160 198 249 607 249 222 265 234 191 272 1433 2040 LH Operating Hours 188 202 248 638 248 224 263 194 114 284 1327 1965 Total 348 400 497 1245 497 446 528 428 305 556 2760 4005 W Visitation 1989 1564 3927 7480 4167 4286 4872 2667 2040 4714 22746 30226 LH Visitation 2231 1548 2988 -6767 3362 3306 3905 2345 2069 5600 20587 27354 Total 4220 3112 6915 14247 7529 7592 8777 5012 4109 10314 43333 57580 Booking: East Vail 1 1 3 5 1 1 6 Vai! Village/Gold Peak 54 41 30 125 33 43 39 39 145 299 424 LionsHead 8 19 23 50 30 21 17 6 66 18 158 208 Sandstone 3 5 8 17 11 9 4 1 1 43 51 Cascade Village 2 2 1 5 2 3 6 4 15 20 WestVail 1 1 13 15 16 16 19 4 1 11 67 82 Total 66 67 75 208 98 94 90 57 68 176 583 791 Revenue East Vail Vail Village LionsHead Sandstone Cascade Village WestVa~ Total Previous Year (VVTCB) $2,677.50 $189,000.00 $11,110.00 $202,787.50 $689.00 $689.00 $203,476.50 $6,448.00 $6,724.00 $12,955.00 $26,127.00 $12,273.00 $14,256.00 $11,621.00 $8,303.00 $9,100.00 $23,294.00 $78,847.00 $104,974.00 $1,106.00 $3,715.00 $5,909.50 $10,730.50 $9,279.00 $10,649.00 $6,488.50 $2,109.00 $218.00 $4,520.00 $33,263.50 $43,994.00 $1,401.45 $2,289.00 $3,690.45 $5,078.00 $6,203.00 $5,636.00 $1,113.00 $387.00 $18,417.00 $22,107.45 $587.00 $435.00 $150.00 $1,172.00 $659.00 $1,055.00 $2,734.00 $786.00 $5,234.00 $6,406.00 $213.00 $127.00 $2,473.16 $2,813.16 $3,237.00 $3,638.00 $2,031.00 $1,016.00 $59.00 $759.00 $10,740.00 $13,553.16 611,031.50 5201,402.45 634,888.66 ;247,320.61 630,528.00 535,801.00 $28,510.50 $13,327.00 59,377.00 529,649.00 $147,190.50 6394,511.11 $9,274.00 $7,859.00 $12,559.00 $29,692.00 $17,408.00 $18,756.00 $22,655.00 $20,930.00 $5,128.00 $15,063.00 $99,940.00 $129,632.00 Commission Free Revenue $1,654.73 $30,210.37 $5,233.00 $37,098.09 $4,578.90 $5,370.15 $4,276.58 $1,999.05 $1,406.55 $4,447.35 $22,078.58 $59,176.67 TOWN OF VAIL REVENUE HIGHLIGHTS July 26, 2006 Sales Tax At the time of this report, we are still waiting for receipt of several June tax returns. A verbal update will be given on Tuesday. Construction Permit Fee Revenue Construction permit fee revenue of $1,072,079 through July 26, 2006 is essentially flat with last year's $1,096,118. This year's revenue includes $775,405 (72% of the total) from eight large redevelopment projects -Forest Place, Front Door (The Lodge at Vail), Gore Creek Place, Lodge Tower, One Willow Bridge Road, Sonnenalp, Vail Plaza Hotel, and Westhaven Condos. Major redevelopment projects accounted for $748,221 (68% of total) at this time last year. Construction permit fees include building, electrical, mechanical, plumbing, and sprinkler permits. Real Estate Transfer Tax (RETT) RETT collections of $3.1 million through July 26, 2006 are down $334,776 or 10% from last year. Last year's collections included over $ l .million of tax from major transactions (over $10 million selling price) including: the Chateau; units at Crossroads; Vail Mountain Lodge timeshares; Founders' Park Garage; and the Vail Marriott. In the current year, we are just beginning to see transfer tax from large redevelopment projects with just under $300,000 collected in July on sales of the first Gore Creek Residences. Recreational Amenities Fee Recreational amenities fees of $99,562 have been received through July 26. Approximately $80,000 of this amount was generated by major redevelopment projects in the month of July. Recreational amenities fees are applied to increases in residential square footage and are deposited to the RETT Fund. 0600$01 RevenueHighlights - 1 -