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HomeMy WebLinkAbout1994-0509 PECv PLANNING AND ENVIRONMENTAL • •s • M. Update on Environmental Program by Russ Forrest and Paul Reeves. 1:15 Public a rin_ . 1. A request for a wall height variance to allow for a single family residence to be constructed at 2840 Basin dale /Lot 4, Block 9, Intermountain Subdivision. Beginning at a point on the southerly boundary of the parcel of land shown on the Condominium Map for the Colorado Mountain Condominiums recorded in Book 387 at Page 620 in the office of the Eagle County, Colorado, Clerk and Recorder, whence the most southerly corner of said parcel bears S 52 °50'29" W 14.16 feet distant; thence the following nine courses along the southerly boundary of said parcel: (1) N 52 150'29" E 49.16 feet; (2) N 37 112'45" W 12.34 feet; (3) N 52 047'15" E 1.00 feet; (4) N 37 112'45" W 1.30 feet; (5) N 52 147'15" 42.60 feet; (6) N 37 112'45" W 8.70 feet; (7) N 52 147'15" E 15.00 feet; (8) S 37 112'45" E 22.40 feet; (9) N 52 150'29" E 35.28 feet; thence departing said southerly boundary N 52 150'29" feet; thence S 37 °09'31" E 45.34 feet thence N 52 °50'29" E 48.70 feet; thence S 37 °09'31" E 9.60 feet: thence N 52 "50'29" E 80.00 feet; thence S 37 °09'31" E 220.02 feet to Gore Creek; thence the following four courses along Gore Creek: (1) S 49 "26'36" W 76.45 feet; (2) S 22 131'36" W 124.47 feet; (3) S 53 137'36" W 119.34 feet: (4) S 65 °31'36" W 14.58 feet; thence N 37 109'31" W 116.45 feet to the point of beginning containing 110,200 square feet or 2.49 acres, more or less. PLAZA SUITE That part of the SW 1/4 NE 1/4, Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, Town of Vail, Colorado, described as follows: Beginning at the most northerly corner of Condominium Map of Colorado Mountain Condominiums according to the map thereof recorded in Book 387 at Page 620 in the office of Eagle County, Colorado, Clerk and Recorder, whence an iron pin with plastic cap marking the center of said Section 12 bears S 34 150'58" W 964.37 feet; thence N 56 "48'44" E 106.67 feet; thence 79.97 feet along the arc of a curve to the left having a radius of 1121.72 feet; a central angle of 04 105'04 ", and a chord that bears N 54 146'13" e 79.95 feet; thence N 52 143'41" E 28.82 feet; thence S 37 10911" E 105.76 feet; thence S 52 150'29" W 25.00 feet; thence S 37 109'31" W 25.00 feet; thence S 52 050'29" E 80.00 feet; thence S 52 °50'29" W 15.00 feet; thence S 37 "09'31" E 16.78 feet; thence S 52 150'29" W 21.30 feet; thence S 37 °09'31" E 9.60 feet; thence S 52 150'29" W 80.00 feet: thence N 37 109'31" W 9.60 feet; thence S 52 150'29" W 48.70 feet; thence N 37 109'31" W 45.34 feet; thence S 52 150'29" W 56.96 feet to the northeasterly line of said Condominium Map of Colorado Mountain Condominiums; thence the following three courses along said northeasterly line: (1) N 37 109'31" W 55.00 feet; (2) N 07 °50'29" E 45.00 feet; (3) N 37 109'31" W 80.40 feet to the point of beginning, containing 1.000 acres, more or less. Applicant: Chris Hansen, representing the Westin Resort Planner: George Ruther 3. A request for a conditional use permit to allow for an outdoor dining deck to be locat.1 at Garton's Saloon located at 143 East Meadow Drive/a part of Lot P, Block 5-D, Vai Village 1 st Filing. I Applicant: Dave Garton Planner: Randy Stoudi 4. A request for a wall height variance and private road slope variance to allow for a driveway to exceed 10% located at 2445 Garmisch Drive/Lots 10 and 11, Block H, Vai' •as Schone 2nd Filing. Applicant: Steve Sheridan and Adam Szpiech Planner: Andy Knudtsen 5. A PEC update • revisions to previously approved setback and site coverage variances, located at 2409 Chamonix Lane/Lot 19, Block A, Vail Das Schone 1st Filing. Applicant: Anneliese Taylir, Planner: Mike Mollica I 6. A request for a conditional use permit for a Type 11 Employee Housing Unit to be located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing. Applicant: Ron Byrne Planner: Jim Curnutte TABLED TO MAY 23,1994 7. A request for a worksession to discuss revisions to the Zoning Code to allow for common area to be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO MAY 23,191 9. A request for variances for locating GRFA in the front setback and for a wall height variance to allow for a primary residence with a Type I EHU, to be constructed at 1828 Alpine Drive/Lot 16, Vail Village West 1st Filing. Applicant: Peter and Susanne Apostol/Michael Sanner Planner: Mike Mollica TABLED TO JUNE 27,1994 9. A request for a variance to allow for GRFA and a garage to be located in the front setback and a wall height variance to allow for a Primary residence with a Type I Employee Housing Unit to be constructed at 1799 Sierra Trail/Lot 17, Vail Village West 1st Filing. Applicant: George Plavec, represented by Erich Hill Planner: Mike Mollica TABLED INDEFINITEI K • LI 12. Approve minutes from April 25, 1994 PE C meeting. 13. Council Update: -Pedotto -Cornice Building Employee Housing Units -Cemetery -Noise Ordinance N Greg Amsden Allison Lassoe Kristan Pritz Bill Anderson Andy Knudtsen Bob Armour George Ruther Jeff Bowen Randy Stouder Kathy Lanenwalter Ken Hughey Dalton Williams Mike McGee 1. A request for a wall height variance to allow for a single family residence to be constructed at 2840 asin dale /Lot 4, Block 9, Intermountain Subdivision. Fii Frederick Andy Knudtsen Andy Knudtsen made a presentation per the staff memo and stated that staff was recommending .ii oval of the requested i . .e conditions outlined on Page 3 of the staff memo. Beginning at a point on the southerly boundary of the parcel of land shown on the Condominium Map for the Colorado Mountain Condominiums recorded in Book 387 at Page 620 in the office of the Eagle County, Colorado, Clerk and Recorder, whence the most southerly corner of said parcel bears S 52 050'29" W 14.16 feet distant; thence the following nine courses along the southerly boundary of said parcel: (1) N 52 150'29" E 49.16 feet: (2) N 37 °12'45" W 12.34 feet; (3) N 52 047'15" E 1.00 feet; (4) N 37 012'45" W 1.30 feet; (5) N 52 147'15" 42.60 feet; (6) N 37 112'45" W 8.70 feet; (7) N 52 147'15" E 15.00 feet; (8) S 37 °12'45" E 22.40 feet; (9) N 52 150'29" E 35.28 feet; thence departing said southerly boundary N 52 150'29" feet; thence S 37 °09'31" E 45.34 feet thence N 52 150'29" E 48.70 feet; thence S 37 109'31" E 9.60 feet; thence N 52 150'29" E 80.00 feet; thence S 37 °09'31" E 220.02 feet to Gore Creek; thence the following four courses along Gore Greek: (1) S 49 126'36" W 76.45 feet; (2) S 22 131'36" W 124.47 feet; (3) S 53 137'36" W 119.34 feet; (4) S 65 °31'36" W 14.58 feet; thence N 37 °09331" W 116.45 feet to the point of beginning containing 110,200 square feet or 2.49 acres. more or less. PLAZA SUITE That part of the SW 114 NE 1/4, Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, Town of Vail, Colorado, described as follows: Planning and Environmental Commission Minutes May 9, 1994 1 Beginning at the most northerly corner of Condominium Map of Colorado Mountain Condominiums according to the map thereof recorded in Book 387 at Page 620 in the office of Eagle County, Colorado, Clerk and Recorder, whence an iron pin with plastic cap marking the center of said Section 12 bears S 34150'58'* W 964.37 feet; thence N 56148'44" E 106.67 feet; thence 79.97 feet along the arc of a curve to the left having a radius of 1121.72 feet; a central angle of 04105'04", and a chard that bears N 54146'13" e 79.95 feet; thence N 52 °43'41" E 28.82 feet; thence S 37,09'31" E 10536 feet; thence S 52150'29" W 25.00 feet; thence S 37009'31" W 25,00 feet; thence S 52050'29" E 80,00 feet; thence S 52150'29" W 15.00 feet; thence S 37 °09'31" E 16.78 feet; thence S 52150'29" W 21.30 feet; thence S 37 °09'31" E 9.60 feet; thence S 52150'29" W 80.00 feet; thence N 37 °09'31" W 9.60 feet; thence S 5215029" W 48.70 feet; thence N 37009'31" W 45,34 feet; thence S 52o50'29" W 56.96 feet to the northeasterly line of said Condominium Map of Colorado Mountain Condominiums; thence the following three courses along said northeasterly line: (1) N 37009'31" W 55.00 feet; (2) N 07-50'29" E 45.00 feet; (3) IN 37109'31" W 80.40 feet to the point of beginning, containing 1.000 acres, more or less. Applicant: Chris Hansen, representing the Westin Resort Planner: George Ruther Dave Garton stated that the main issue with this request was the noise and that they would be undertaking new measures this summer in order to avoid the noise complaints which they received last summer. He said that he was in agr-- ! ! outlined in the staff memo. Kristan Pritz stated that staff was concerned with the issue of serving food and alcohol up to 10:00 p.m. each night. Ann Louthan, President of the Village Center Condominium Association, felt that the noise was a problem on other nights besides Friday. Audrey McLean, an adjacent property owner, stated that the noise from Garton's dini deck last year was not limited to just Friday nights and that her sleep was affected three solid months last summer. I Planning and Environmental Commission Minutes 9 May 9, 1994 2 E Greg Amsden stated that he was in favor of the new speaker locations, that all music should remain in the decibel range set forth in the noise ordinance, and that citations should be issued for any violations of the noise ordinance. He said he would like to see the driveway created by last years loading activity restored with landscaping. Bob Armour stated that only six of the fourteen registered complaints were on Fridays. He was in favor of shutting the music off at 10:00 p.m. He asked the applicant why the site was not cleaned up at the end of last season. He said that he would be looking closely to ensure that the applicant did clean up at the end of this season. Dalton Williams stated that it was important that the applicant make an effort to clea up the outdoor dining deck site at the end of the summer. He felt strongly that if proper clean-up does not occur this fall that he would vote against the conditional u permit next year. I Bill Anderson asked the applicant how he would plead his case regarding the 10:00 41.m. closing rule. Dave Garton said that large crowds were only a problem on Fridays and that he felt that the 10:00 p.m. rule should only apply on Fridays. He said he would like to see people allowed to remain on the deck past 10:00 p.m. Saturday through Thursday nights, but that the music would be off at 10:00 p.m. every night. IMFIT I Q; AT pyr circumstances surrounding each complaint. Ken Hughey, Chief of the Vail Police Department, stated that getting a citation was similar to getting a traffic ticket and paying a fine was usually involved. He stated that the Police Department would be taking a more proactive approach this year to noise ordinance enforcement. Greg Amsden suggested that the applicant educate his clientele regarding the closing time of the deck. Planning and Environmental Commission Minutes 9 May 9, 1994 0 6. A request for a conditional use permit for a Type 11 Employee Housing Unit to be 0 located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing. N Applicant: Ron Byrne Planner: Jim Curnutte 111FRINIMF&T "TI A request for a worksession to discuss revisions to the Zoning Code to allow for common area to be used for employee housing. Applicant: Jay Peterson Planner: Andy Knudtsen TABLED TO MAY 23,1994 lop-11relff, IMFIFF. a a 91. A request for variances for locating GRFA in the front setback and for a wall height variance to allow for a primary residence with a Type I EHU, to be constructed at 1828 Alpine Drive/Lot 16, Vail Village West 1 st Filing. Applicant: Peter and Susanne Apostol/Michael Sanner Planner: Mike Mollica TABLED TO JUNE 27,1994 Jeff Bowen made a motion to table this item to the June 27, 1994 PEC meeting With Dalton Williams seconding the motion. A 6-0 vote tabled this item to June 27, 1994. b. A request for a variance to allow for GRFA and a garage to be located in the front setback and a wall height variance to allow for a Primary residence with a Type I Employee Housing Unit to be constructed at 1799 Sierra Trail/Lot 17, Vail Village Wesl 1st Filing. Applicant: George Plavec, represented by Erich Hill Planner: Mike Mollica TABLED INDEFINITELI Jeff Bowen made a motion to table this item indefinitely with Dalton Williams secondimo the motion. A 6-0 vote tabled this item indefinitely. I 10. A request for a worksession for a major amendment to the Glen Lyon SDD to allom for a revision to the master plan to allow for the expansion of the Glen Lyon Office Building located at 1000 South Frontage Road West/Area D, Glen Lyon SDD. Applicant: Pierce, Segerberg and Associates Planner: Andy Knudtsen TABLED INDEFINITEI Planning and Environmental Commission Minutes May 9, 1994 0 Jeff Bowen made a motion to table this item indefinitely with Dalton'TJ' �2�.= DIP-q the motion. A 6-0 vote tabled this item indefinitely. I A request for a worksession for a front setback and wall height variances to allow for additions to an existing Primary/Secondary residence located at 226 Forest Road/Lot 11 A Block 7, Vail Village 1 st Filing. Applicant: John Krediet Planner: Randy Stouder TABLED INDEFINITEI Jeff Bowen made a motion to table this item indefinitely with Dalton Williams secondi the motion. A 6-0 vote tabled this item indefinitely. I Jeff Bowen made a motion to approve the minutes from the April 25, 1994 PEC meeting with Greg Amsden seconding the motion. A 5-0-1 vote approved the April 25, 1994 PEC minutes with Bob Armour abstaining as he was absent from this meeting. Kathy Langenwalter stated that before the Council update, she would like to discuss the design requirements for hillside properties. 1900K*# •0 -Peclotto -Cornice Building Employee Housing Units -Cemetery -Noise Ordinance Planning and Environmental Commission Minutes May 9, 1994 7 0 MEMORANDUM FROM: Community Development Department DATE: May 9, 1994 SUBJECT: A request for a conditional use permit to allow for an outdoor bar and dining, 0 deck operation at the Garton's Saloon, Crossroads Center, located at 143 Ea Meadow Drive/Lot 1, Block 5D, Vail Village First Filing. i Applicant: Garton's Saloon/Dave Garton Planner: Randy Stouder :10-kigilill Section 18.28.040(l)(Conditional Use) of the Vail Municipal Code allows for "any use permitteilt, by Section 18.28.030 which is not conducted entirely within a building." Section 18.28.030(E) allows for "eating and drinking establishments, including the following: ... Cocktail lounges,' taverns, and bars." Please see the attached site plan for the proposed "ranchyard" configuration. WORKSESSION ISSUES A. Operational Issues 0 Issue #4: Does the PEC still feel that the parking situation of last year worked effectively and should we continue with the same situation of providing the valet parking spaces and allowing the ranchyard setup to remain in place during the day? Should the term of the conditional use permit be restricted to the proposef seasonal operation • one year at a time? ;I of - The PEC felt that Mr. Garton should use Crossroads existing loading facilitie Staff concurs. Mr. Garton will comply with this request. I Should the exterior appearance of the ranchyard • improved' I 3 Staff believes that certain activities such as the horseshoe pits may have been operated off-site on Town or State property in the right-of-way. The PEC felt that all activities associated with the ranchyard should be contained on the Crossroads property. Staff concurs and will enforce this. Mr. Garton agrees. Banners and flyers became a problem at times last year. The applicant put up the banners and flyers advertising activities at the ranchyard. I Mr. Garton has agreed to abide by the Sign Code. E 10ime The proposed displacement of twelve parking spaces during the June 1 to November 1 months to accommodate this request was first proposed by the applicant to be "absorbed" by the adjacent Vail Parking Structure which is free during the off-season months. The applicant proposes to compensate for the loss of twelve spaces by providing valet parking as shown O_r the drawing attached to Mr. Garton's letter. The proposed operation is allowed as a conditional use per the aforementioned sections 18,28.040(1) and 18.28.030(E) of the Municipal Zoning Code. 1 . •i 0 ff - IWsI*ITiF:W# I - W-11 L" I The Land Use Plan/Goals and Policies specify the following: "3.5 Entertainment oriented businesses and cultural activities should be en.courage in the core areas to create diversity. More night time business, on-going even and sanctioned "street happenings" should be encouraged." I 61 B. Vail Village Master Plan AdIlL The Vail Village Master Plan does encourage the development of a variety of new commercial activity where compatible with existing land uses, and specifies the following policy to achieve this objective: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged." In addition, a wide variety of activities, events, and street life along pedestrian ways and plazas are encouraged, and states as a policy that: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects." a�E i W k 9 NITM I N MEMO M. 11, 1 Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factors: Before acting on a conditional use application, the Planning and Environmental Commission shall consider tWie fol4wit Relationship and impact of the use on development objectives of the Town. N1, 11 Staff feels that the proposed ranchyard operation will be a positive entertainment addition to this part of the Vail Village if conducted per the recommendations of approval. Staff wishes to emphasize that all patrons need • be off the deck by 10:00 p.m. and that it is Mr. Garton's sole responsibility to ensure this occurs. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public needs. 4. Effect upon character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to the surrounding uses. 0 As previously discussed, staff feels that the proposed western-style ranchyard would be a positive entertainment option for visitors and locals alike during the summer and fall (June 1 - November 1). The staff also feels that the use would be consistent with the character of the surrounding area, which has retail, restaurant, and office uses, if the owner can control the music and crowd so that adjacent property owners are not adversely effected. Miles I UNWO LID a A U a That the proposed location • the use is in accord with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The staff feels that the request for a conditional use permit meets the criteria and findings discussed in Sections V and VI of this memorandum. Therefore, staff is recommending approval of the conditional use permit. If it is the desire of the PEC to approve the conditional use permit, staff recommends the following conditions be imposed and met prior to opening the deck: M E Handicapped access to Garton's Saloon shall be ab ed b maintained o per o the Americo Disility Act (ADA) at all times; to be reviewy the Twn f Vail B ep uilding, Dartment. 11 Loading for Garton's Saloon shall be staged from the Crossroads loading area only. Valet parking shall be provided by Garton's as needed and per the attached ._arking plan. 1] 6. The applicant shall make the following improvements in the vicinity of the o ; utdoor dining deck to improve the general appearance of the ranchyard operation before the deck is allowed to open for business. An inspection of the site by Randy Stouder, Town Planner, shall be required one week before the deck opens for business. 11 -The siding on the east side of Garton's Saloon shall be restained as the lower portion of the siding is severely discolored and unsightly- -The appearance of the handicapped lift shall be improved. A proposal shall be submitted by the applicant to DRB. -All outdoor storage of materials shall be eliminated. All items that are currently outside in the area between the dining deck and the Frontage Road should be removed. No outdoor storage shall be allowed. 7. The term of the conditional use permit shall be restricted to the period of June 1 through November 1, 1994. E, 8. No banners, signs or flyers of any type shall be erected outdoors to advertise the ranchyard operations, beyond the approved signs for Garton's. 0 cAp9c\memos\gartonS.425 IR 11 This letter is to summarize our desire to once-again have our dinner/cocktail 0 operation during the off -season (June 1 - November 1) on our upper parking lot deck here at Garton's Saloon. Our neighbors had no problems with our Corral operation last year; and, in fact, were quite happy with the increased traffic to the Crossroads Shopping Center area. We will not be doing any cooking outside due to restrictions in Vail Village. 1 1.7 We will cordon off this new liquor licensed area with fencing and we will police this deck with our security personnel to ensure that there are no liquor violations. There will be no impact of this conditional use on the development objectives of the Town because there will be no development. All of the improvements we make to this parking lot will be movable and temporary in nature. Our plans for this parking lot will have no effect on the light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities' needs in Vail. Our plans will have no effect upon traffic, congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, and P.O. Box 1057 — 143 E. Meadow Drive L-- Vail, Colorado 81658 — (303) 479-W7 — FAX (303) 476-7455 maneuverability. The character of the area surrounding us not be permanently changed because no permanent structures are being erected. HoNvever, there should be slightly beneficial change in the area due to our creation of a rustic, rural ranch yard-type ambience to what otherwise would R' a parking lot. El 11 E u ----------- 7A in to rl A lt, T 0 IV S L tj 11 (A -5 - (-- i 3 i F3 i h; ; Sfifer Manacrement Company I tD pl-opel-ly j\,j,-jjj,-j,_-,cjjicnt & Leasing March 23, 1994 Dave Garton DQTR, Inc. Garton's ()alooji 143 E. Meadow Drive S14100 Vail, CO 81657 Re: Space N100, Crossroads East This letter. wj .1c -i to your proposal to -11. serve .; written agreement lot in the off; a pr�)r of the upper northeast parking blocky. utdoor barbeques associated with foi. the purpose ol havinli 0 off the north portion of the Garton I s Saloon. You may bloc]-, 4�1,�J,pjes 4-C-11 1j,,jjl(j spaces. This approval is parking lot r effective from 1111le 1., 1994 through October 31, 1994 for your exclusive use. Singe yoll normally receive twelve free parking permits, we will (lily be able to is normally two free parking permits to you for use during this time period. As a ccn(.1j.ti(_,)i of this approval, you are required to extensively arid temporarily (jc_,:c0j:ate Uifn entire space in an appropriate manner an j d to (. efi3je -1:1ie area with ropes, wooden stanchions, wooden horses, split 3.ai.L fiencns and/or any other appropriate materials approved in a(lvallce J)V )11y off-i-ce. yc)u must also relandscape the dams- geci .1-awn areas <n(i j tc>etll to this parking lot this spring and this fa)l., whei:e damaged by carton's use. You )!,lay use the space for major outdoor cook-ollts and barbeques for large groups. The outdoor barbeques may start as early as 4:00 P-111, and they may last "as late as 9:()0 p.m. You may serve beer, wine and drinks in this area as long as it is approved by the Town of Vail. One final collditj_(),, of this approval is that Garton's Saloon will be responsible for cle-Illij)q up all associated garbage such as beer nap)_j.])s, pap,_r elates, glasses, etc. from the parking lot bottles, I - a. „.i all afliacell"I CoI11111(m 11*11.4.1; lilcluding the landscaped areas, the parking and any other affected areas. if yarage, the e Garton's Saloon cities not 1,eep these areas clear' from. this type Of garbage, the cost (,)�[ cleanup will be payable by Garton's Saloon and/or this approval will be withdrawn. You will be require(.) to provide proof of adequate insurance coverage for the parki►iq lot and adjacent common areas in addition to your insurance coverage for Space 14100, Crossroads East. If you have any questions, don't hesitate to contact me. Sincerely, Steve Stafford managing Broker 1,13 F;1-1 N1c;)J0%v 1)jivc, Suitc 360, v.,j], Culoradt) 81657 Tclepholle: (303) 476-10(,3 •e1cfax: (303) 476-2523 GA 00 0 OLOIR MEMO . TD. . RANDY STOUDER, TOV PEC STAFF FR ®M. DAVE GARTON, GARTON'S SALOON RE: GARTON'S OUTSIDE DECK DATE. MAY 5, 1994 In response to our exchange of memos, the issues raised and answers given at the PEC Work Session on April 25, and the May 3 Work Session of the Vail Town Council, I hereby make the following requests and commitments regarding Garton's outside deck. 1. HOURS. OF OPERATION We will turn off all outside speakers carrying amplified sound by 10 :00p.m. every night (excluding Fridays). The Vail Sound Ordinance states that all external amplified sound will cease at 10 :00p.m., the Council reiterated their support of this limit, and we will cooperate with this Ordinance. However, on Friday nights in the summer, we tend to have such a large group of patrons on our outside deck that the people noise can be very substantial and could continue on past 10 :00p.m.. For this reason, we will stop our outside amplified sound at 9:45p,m. on Friday nights. .Likewise, our restaurant will be open until 10:00p. m'. (excluding Fridays) and we will serve food and drinks to patrons that are seated by that time like just every other restaurant in Vail. However, on Fridays, we will stop serving food at 9.30p.m. and stop serving alcohol at 9.45p,m.. We have never experienced any problem with noise or crowds on any evening except for Friday and these new guidelines should alleviate any problems. 2. LOADING We will no longer use the temporary g p ary driveway on the northeast corner of our outside parking deck. 3. AMPLIFIED SOUND We have a detailed and professionally-planned design for our outside sound system. We will test this system, with and without patrons on the P.O. Box 1057 143 E. Meadow Drive Vail, Colorado 81658 (303) 479 . 7 FAX (303) 476 -7455 fS 1 -4 F RC I FEIIHIHGTOH 1101L SHOPPE TO 17_0�)47167455 P. 02.1 04 : Bennhigtoll College Bennington, W 052 May 2, 1994 1 The two(2) speaker elements that were mounted on the wall to the right of the entrance to Uarton's Saloon and aimed iajQjhLYI towards the main parking structure across the street from the Crossroads Shopping Center are proprietary boxes built by Dowlen Sound of Denver, Colorado with a jlpidimg_ ? =L .frontal dispersion angle of thirty(30) degrees on-axis in'the horizontal plane and a frontal dispersion angle of approximately 1lfteen(15) degrees tin -axis in the vertical plane, both above five hundred Hertz(500 Hz). Each box contains a one inch(V) hom-loaded high frequency transducer and a M,,r-lvc inch(12") front-loaded low frequency transducer with a passive cross-over device that apportions signals to each transducer with a cross-over point of approximately two thousand Hertz(100OHz); all components built by McCauley Professional, USA. As these boxes were designed and constructed for use as stage monitoring elements for use on the live sound stage, this dispersion angle is tight and highly directional in order to prevent "bleed" into the other microphone elements which are placed on the stage with these monitors. As an aside, it would be virtually impossible to have any form of "live sound" at all with the use of orrini-directional speaker elements due to the fact that no appreciable gain could be achieved at the microphone stage befom "feedback"; for this reason, professional sound reinforcement speaker elements are designed with a high degree of directionality and pattern-angle control. As a result the speaker elements currently being discussed have an off-axis sound level "bleed" of less than twenty pe.rcent(20%). As for the two(2) speaker elements that were mounted on the light posts in each comer of the deck facing Garton's Saloon proper, these belonged to the disc jockey responsible for 394 - ' . 16: 15 FROH BEHH111STOP HAIL SHOPPE TO 170?47 67 455 P. 03/04 playing the pre-i-euorded rnusiv that was ht;ad on Lho do uk last summer. These eJem,,-nt,,, are a simple non-proprietary box design built by Ross Systems Incorporated, USA for the non-professional amplification of disc jockey music. Each box contains a one inch(l") hom-loaded high frequency transducer and a fiftmnj inuh(15") ffvnt-loaded low frequency transducer with a passive cross-over device that apportions signals to each transducer with a cross-over point of approximately one thousand Hertz(1000 Hz); all components were built by a generic, foreign manufautui_r. Each spcaikur eltiaeat has a unidirectional frontal dispersion angle'oflfifty(50) degrees on-axis in the horizontal plane and approximately thirty five(35) degrees on-axis in the vertical plane, both above five hundred Hertz(500 Hz), although in this case each element has an off-axis %vund lcvcl "bleed" of greater than forty percent(40%). Although I believe that the primary noise problem which the aforementioned complaints were referring to was ambient crowd noise both on and off the premises, I will allow that some may have been in part due to the poor directional control of this second set of speaker elements which were never designed for professional sound reinforcement in the first place. It was brought to'my attention upon request of this letter thafthe town of Vail is questioning my reputability as a live sound enaincer and acoustic consultant in the field of live sound reinforcement. In response, I wo'u-'ld like to assuage any questions by giNing a brief list of my credentials. I bave been working professionally in the live sound and music production industry for four(4) years now. Before moving to Vail, Colorado last 994 1G,: Ib- FROM BEIIIIII]GTOH HAIL SHOPrE TO 130347G7455 P.04�'04 sincerely, Todd D. Howe THD Producdons 3120 Bellflower Dr. #1 Vail, Co. 81657-4116 303.476.7465 • n G STAIRR'AY M_ t-'� a'poK aam ni tat f••etact 50. VSCL VELLwA pi3a7 ►CLIW.. a su Gd /a [lion �•' to s» Pov+ au Pµ1+, -po+cy el Sggd3�r}$Itrai �alo8rna. awl® D°ecuu6atl�•; ! ►tgfAiprtAWSta •' +.•.ar+t4 Los ft sane+ 3.79 °4C'ro•t. y �{ ^ Eaq•.mstp; }EM ot. wtp ym}+{. atscttrow ni 44 ^10. ta+a to tzw ta.ar f '. _V& at. F tHgaen w3tiaaasq *WW tint -4 moral • dtata+ca of $}�.q7 f.At+ a•+tatm{wt nt 274.87.ttea• w m pot +t et g -- .°jtiatNo Ra ®. YtE� tly,^Sm+t�B tP lanamlt+iilt i t m as a^gaa to 4tn mY1�3t 08'43 °l6 °31° au¢jf loth tM 36.11ef .i,w of .aid tat ! tnd along t eP to tnr rigne'.Mra� A tabiw oL 736. 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Ilk 4 l V aI• i�+ , . mss- ` _ Y - '• �.T i �'�.- f ;fit• x,36. e. / aroa aor•,�" h' 2"� I E G E N D" f �'• ,- ° -+ •••` - '17 -r-r t Foundation as Originally Surveyed ' �• -- •• ttR - °- au+id,nq as Surveyed 2117176 All Pe-d A- 29 °29 N 8 at. nS +9 °1 2 - t4.24� F2061M FUMN M 07-MM, Garton's Saloon Request for Condonal Use Permit - Outdoor Dining Deck This memo is provided as an informational update regarding last summer's usage of an outdoor dining deck or ranchyard that was permitted at Garton's Saloon. On July 26, 1993, Dave Garton appeared before the PEC, requesting Garton's outdoor deck or ranchyard be allowed to remain in place, and that he not be required to remove everything from the parking area each day, as the parking requirements were being met. The PEC determined that Mr. Garton's modifications to the parking plan did not have negative impacts and were acceptable. Attached are meeting minutes from the July 26, 1993 PEC meeting. Complaints Received: During the time the conditional use permit was in effect (June 1 - November 1) and the ranchyard was in operation, several complaints were received by the Vail Police Department as follows: 1) 08/28/93 Noise Complaint - Vail PD responded to Garton's after receiving several phone complaints. Meter reading indicated 80 - 100 decibels, in violation of Town Ordinance (65 decibel maximum), no citation was issued. 2) 09/17/93 Noise Complaint - Vail PD responded to Garton's, reacting to complaint from a neighboring business. um), no Meter reading indicated 80 decibels, in violation of Town Ordinance (65 decibel maxim -1- citation was issued. 3) 09/21/93 Noise Complaint - Vail PD responded to Garton's after receiving an anonymous complaint. Meter reading indicated 55 decibels, within the Town of Vail guidelines. 4) 09/24/93 Noise Complaint - pursuant to a request from Sgt. Onorato a sound meter reading was taken outside Garton's. Meter reading indicated 72 - 75 decibels, in violation of Town Ordinance (65 decibel maximum), no citation was issued. 5) 09/29/93 Noise Complaint - Vail PD responded to Garton's after receiving an anonymous complaint. Meter reading indicated 68 decibels, in violation of Town Ordinance (65 decibel maximum), no citation was issued. 6) 10/01/93 Noise Complaint - Vail PD responded to a resident neighbor's complaint re: noisy subjects creating a disturbance outside Garton's. Upon arrival, subjects had left the scene. No citation was issued. 9) 10/03/94 Letter to Mayor, Liquor Board, PEC, Vail Police Chief, and DRB - Formal Complaint from a resident/neighbor re: Noise @ Garton's. Letter was answered by Town Clerk. 10) 09/03/93 Protective Custody - individual taken into protective custody after having been asked to leave Garton's several times. 11) 09/06/93 Protective Custody - individual taken into protective custody after having an argument with another person in a vehicle at 141 E. Meadow Dr. Mr. Garton has filed an application for a conditional use permit so that he may reopen the outdoor dining deck this summer, and will appear at a PEC meeting on Monday, April 25, 1994. Should Garton's receive PEC approval, and be successful in obtaining a conditional use permit, Mr. Garton will then appear at a DRB meeting on Wednesday, May 4, 1994. Upon approvals being granted by the PEC and the DRB, Mr. Garton will appear before the Local Licensing Authority on Wednesday, June 8, 1994 to request a modification of the Garton's liquor licensed pren-dse. In E E Erg In an effort to reduce noise in the Village Core, which stemmed from an unrelated incident, the Town Council has requested that the Town Attorney draft an ordinance amending the current amplified sound regulations, eliminating the piping of canned and/or live music to outdoor decks and other external areas, unless the entertainers are performing outdoors live. a for the CCI I zone district to remove the requirement that television stations be visible from the street or pedestrian way, or whether they should reconfigure the design of the first floor of the Sunbird Lodge to allow for the retail expansion proposed. Kathy Langenwalter inquired whether the PEC had discussed this issue concerning TV-8 previously. Dalton Tfilliams stated thatTail Associ-atee-s-had not clone an to do with the previous TV-8 request. He stated that curtains or blinds'were being used • control lighting. and that lighting can be controlled through the u of tinted glass. Diana Donovan stated that she was against amending the definition of Commercial Uses in the CCII zone district as it pertains to television stations. Diana stated that she wanted • see the relief and shadow line maintained. Kathy Langenwalter stated that this proposal would still meet their criteria if viewing can occur from the south part of the building. Tim Devlin stated that there are three other items that the applicant is proposing in conjunction with this request for a major exterior alteration (see Page 1, items I through 3, of the staff memo). angenitaiiersiaieatiictLL,iibi;asareq, the PEC had a responsibility to address design issues. Tim Devlin stated this proposal would provide for a net increase of 230 square feet of retail area and would require .76 parking spaces. RUHR* Mis AMMUT 11roplM M 5 Applicant: Dave Garton Planner: Tim Devlin I ON, on Planning and Environments! Commission July 26, 1993 18 Dalton Williams stated that he was concerned that what the PEC had approved was not being followed with regard to parking. Applicant: MECM Enterprises represented by Eustaquio Cortina and Commercial Federal Savings. Planner Shelly Mello TABLED TO AUGUST 9,1993 Diana Donovan made a motion to. table this request for a minor amendment to SDD #4, Cascade Village, until August 9, 19• 3 with Dalton Williams seconding the motion. A43i vote tabled this request until August • 1993. 13. A request for the establishment of an SDD to allow the redevelopment of the Cornice Building and a request for a conditional use permit to allow the construction of three Type IV employee housing units, located at 362 Vail Valley Drive and more specifically described as follows: A part of Tract "B" and a part of Mill Creek Road, Vail Village, First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Northeast comer of Vail Village, First Filing; thence North 79046'00" West along the Southerly line of U.S. Highway No. 6 a distance of 367.06 feet to the Northeast comer of said Tract "B"; Planning and Environmental Commission July 26, 1993 19 MEMORANDUM TO: Planning and Environmental Commission FROM: I Community Development Department DATE: July 26, 1993 SUBJECT: An update on the conditional use permit for an outdoor dining deck located at Garton's Saloon, Lot P, Block.5-D, Vail Village 1st Filing/143 Village Center Road. Applicant: Dave Garton Planner. Tim Devlin The purpose of this update is to allow the applicant to inform the Planning and Environmental Commission (PEC) how the outdoor dining deck/"ranch yard" at Garton's Saloon has been working out this summer. On April 26, 1993, the applicant was approved for a conditional use permit to operate the outdoor dining deck. At this meeting, the parking variance being requested was withdrawn because the PEC was satisfied that the parking requirement could be met by the provision of valet parking spaces. The motion that was made to approve this request for a conditional use permit was conditioned that ten parking spaces on the upper level were to remain open during the hours of 8:00 a.m. to 4:00 p.m. with an additional two valet spaces, and that the tables and chairs to be used in conjunction with this project be stored elsewhere; also, an additional condition was that valet parking be available after 4:00 p.m. for the twelve additional parking spaces (if necessary) and that no parking variance be required per the staff memo as parking will be provided on-site through use • valet spaces. Please see the attached meeting minutes from the April 26, 1993 PEC meeting. E A Applicant: Charlie Alexander Planner: Jim Curnutte Applicant: Dave Garton Planner: Tim Devlin Planning and Environmental Commission April 26, 1993 Tim Devlin made a presentation per the staff memo summarizing the applicant's request. He said that the applicant was willing to valet park in order to meet the on- site parking requirement, therefore negating the need for a parking variance. He stated that staff was recommending approval of this request for a conditional use permit with four conditions which are addressed in the staff memo. Diana Donovan stated that she was concerned that granting a parking variance would set a precedent. She then inquired how clean the smoker was and stated that the smoker at City Market in Avon was quite,"messy". Shirkie Evans, stated that the smoker that they would be using was mainly for effect. He also said that the City Market smoker uses hickory and that they would be using mesquite, which produces less smoke. Diana Donovan asked the PEC board how they felt about the parking. Tim Devlin replied that twelve parking spaces were being removed and replaced by valet parking spaces for this proposal. Prd I\ d5 A tne even I * IPQSea 10 I... . , * Trm twelve spaces open during the day, and that he would make arrangements' to provide the additional two parking spaces necessary through valet parking. irzvraf =-A W.Uld Dave Garton suggested that the conditional use permit be issued on a yearly basis and subject for renewal each spring so that the situation could be evaluated. Greg Amsden inquired of the applicant whether parking could be gated off for a specific use. Nave Garton responded that this was possible with the landlord's permission. Dalton Williams inquired whether it was the PECs responsibilit I y to address the allocation of parking spaces and that it was his understanding that all mixed uses are figured into the parking requirements. He stated that he felt this situation could set a dangerous precedent. Jeff Bowen inquired whether Crossroads designated each business a specific number of parking spaces. • -771P rs April 26, 1993 9 11 Dave Garton stated that the parking spaces were primarily used by the employees, and that most bar patrons that needed parking used the Vail Transportation Center. Jeff Bowen stated that the parking structure was not full most of the summer except for the 4th of July and the bike races. He wondered whether it would be possible for employees to park elsewhere during these times. Dave Garton stated that he would be sensitive to the parking situation at such times and explained that the whole idea of this project was predicated on the summer off - season. Bill Anderson stated that this parking situation would be difficult to enforce.. Diana Donovan stated that the they needed to determine what the total parking requirement was for Crossroads so that the PEC could be sure that they were making consistent decisions. Kathy Langenwalter inquired how informed fellow tenants at Crossroads were of this proposal. Dave Garton stated that most tenants have responded enthusiastically. Bill Anderson stated that this request was for a conditional use permit and that the applicant was requesting the permit for a year and that it could be reevaluated at such time. Kristan Pritz stated that Club Majik's was given the option to valet park when they were at Crossroads but they never used it. Diana Donovan stated that if valet parking is used, that it should be available twenty- four hours per day. Dalton Williams stated that he wondered what would happen if the Christiania wanted to pursue a similar request. Kristan Pritz stated that the circumstances surrounding this proposal are different given Garton's proximity to the parking structure.. She also said that it was staff's feeling that distinctions could be made between the two situations (Garton's and the Christiania). Planning and Environmental Commission April 26, 1993 4 Bill Anderson stated that he disagrees that by granting this request that the PEC would be setting a precedent because a precedent situation to him means a situation with identical circumstances. He thinks this is a positive request that makes better use of the space at Crossroads and that it is better to allow an operation like this as opposed • letting the space just sit there unused. Jeff Bowen stated that they were looking at a time of the year when parking was generally not a problem. He also said that since they were only looking at granting th request for a year (June 1 - November 1) that they, were not creating a hardship on #ther parties. Greg Amsden asked the applicant whether there would be live music outside, Dave Garton responded that live music would be inside the establishment and would not start until 9:00 - 9:30 p.m. * , Greg Amsden stated that the PEC board needed confidence that valet parking woul* e used. Dave Garton responded that twenty-four hour valet parking was not feasible but that he would be willing to offer valet parking after 5:00 p.m. Greg Amsden inquired whether the applicant had considered to have the proposed operation going during lunch hours. Shirkie stated that it would not be cost effective to do so. Greg Amsden stated that he had no objection to approving this request for a conditional use permit, Kathy Langenwalter stated that she had no objection to the conditional use permit but parking was a concern to her. She said that valet parking would be a workable solution for the loss of parking spaces during evening hours but wondered whether the storage of equipment would effect, the availability of parking spaces. Allison Lassoe suggested that the applicant be willing to begin valet parking at an a-arlier time during busy times such as the 4th of July. Dalton Williams stated that he would like to be convinced that this proposal will work but it is his feeling that it will still take parking spaces away that are actually used. Dave Garton reiterated out that most of the parking spaces are for Garton's employees. 10 ;-;ctj' ur 111v Omer on inis E Planning and Environmental Commission qW April 26, 1983 5 Kathy Langenwalter pointed out that this was a multi-use situation- liana Donovan stated that the situations do vary but that the underlying concept does not. She said that if they make an exception to the way they vote on this proposal that it will make it more difficult to say "no" next time. Kristan Pritz stated that continuity in decisions is important but that the individual circumstances of each situation deserved to be looked at as well. Jeff Bowen stated that the first issue that the PEC is concerned with is the project and that the second issue is to devise a parking stipulation that will allow the applicant to move forward. Diana Donovan stated that the PEC needed to keep in mind whether this request would be positive for the Town. Kristan Pritz inquired of Diana whether valet parking for two of the parking spaces during the day would be an acceptable solution to this situation. Dave Garton stated that it was not the most appealing solution but that he-would be willing to do this. Diana Donovan stated that it was either valet parking or looking at the original requirement for Crossroads. Kathy Langenwalter made a motion to approve this request for a conditional use permit per the staff memo for the 1993 season (June 1 through November 1) with the condition that ten parking spaces on the upper level remain open during the hours of 8:00 a.m. to 4:00 p.m. with an additional two valet spaces, that the tables and chairs to be used in conjunction with this project be stored elsewhere, that valet parking be available after 4:00 p.m. for twelve additional parking spaces (if necessary) and that no parking variance be required per the staff memo as parking will be provided on-site and that the other conditions in the staff memo be included in the motion. Greg Amsden seconded Kathy's motion and a 7-0 vote approved this request. Planning and Environmental Commission April 26, 1993 6 kv- 131 VT(*) To: Lt. Jeff Layman From: Sgt. Tom Sheely Date: 04/27/94 Re: Garton's Saloon noise complaints In our examination of noise complaints against Garton's Saloon, dated from 06/11/93 to 04/27/94, we found 11 cases documented • police report and six undocumented cases. The police reports are listed in the letter from Tom Moorhead to Rick Richards. The other six cases were retrieved from Vail P i epartment's dispatch computer and are listed below. 06/11/93, 1944, noise complaint; Vail P.D. responded to Garton's after Dispatch received an anonymous complaint. 07/18/93, 2200, noise complaint; Vail P.D. received a phone call from someone stating Garton's was too loud. 08/05/93, 2325, noise complaint; Vail P.D. responded to Garton's A91h after receiving a complaint over the phone. The responding officer asked Garton's to close their windows. 09/01/93, 2309, noise complaint; Vail P.D. received anonymous phone call about the noise from Garton's. 09/03/93, 2105, noise complaint; Vail P.D. responded to Garton's in reference to a noise complaint. Responding officers advised the manager to turn the music down. 10/10/93, 2358, noise complaint; Vail P.D. dispatch received a phone call about the speakers outside Garton's. The reporting person asked that the speakers be turned off. When officers responded to each of the undocumented incidents, the managers at Garton's were cooperative and complied with the officers' request to lower the sound levels. However, it should be noted that of the six cases listed above, three of them are after 11:00 P.M. cc: Randy Stouder Tom Moorhead Am& Rick Richards qP Ken Hughey Below you will find a breakdown of 14 noise complaints received by the Vail Police Department about Garton's Saloon between 06/11/93 and 10/03/93: Date Day Time 06/11/93 Friday 7:44 • 07/18/93 Sunday 10:00 • 08/05/93 Thursday 11:25 p 08/28/93 Saturday 6:38 p 09/01/93 Wednesday 11:09 p 09/03/93 Friday 9:05 p 0• /17/93 Friday 9-16 p 09/21/93 Tuesday 10:45 p 09/24/93 Friday 7:55 p Wednesday 11:16 p 10/01/93 Friday 2;01 a 10/01/93 Friday 11:59 p 10/02/93 Saturday 1:46 a, 10/10/93 Sunday 11:58 a Type E noise from bar noise from bar noise from bar noise from bar noise from bar noise from bar noise from bar noise from bar noise from bar noise from bar disturbance in street noise from bar yelling in the street noise from exterior speakers (if available) N/A N/A N/A 80-100 N/A N/A 80 55 72-85 68 N/A 45-50 N/A N/A Note that the calls on 10/01/93 and 10/02/93 were in the early morning hours of the day listed. Seven of the 14 calls occurred after 11:00 pm. of those, five involved noise or music coming from the bar. If you desire further information, please don't hesitate to call. cc: Ken Hughey Tom Moorhead Rick Richards Tom Sheely 0039MERM -41- 11-1;J1 lis MAY T OV - COWN. DEV, T. Reference: 1) Item #8 of Agenda for the Public Hearing scheduled for 5/9/94; Specifically: The request for a conditional use permit for Garton's Saloon. 2) Memo from Holly McCutcheon, dated 4/19/94; Subj: Garton's Saloon As owners of Unit #13 in the Village Center Building "D", and as President of the Village Core Condominium Association (these properties are located at 122 E. Meadow Drive), we specifically object to the issuance of the referenced Use Permit. Thank you for your consideration • these requests and the associated matters. 9 Sincerely, Ann Louthan, President of the Association MM O cc: Vail Police Department Vail Town Council 11 Please see Noise Page 4 E 7 r tz. A.- A A M R 0 Q CD ur v c 0a n C6 =r R Ri 9 C) �a 2 0' °. CD —m-c V) 0 s @ En =-I" 0 o 0 0 0 C- cD gno (.D CAM C:) Cl- CD CD oj:� f5 n 5 CM Ir" CD 0 0 D G D C- 8-5 R 5SO n C� CD 0 L) 5i 0 x• E3 C) C) a 0 2-- = = E 0 0 R Fz- FT n 0 CD P 52. CD " — 5. a ® .0 m n r- — Q� f; C) rn. L� 7- 1< sa =1 �a F; Ee n :1) - a. C�6 >4 0 — CD 0 n 44 0 BCD A V� L� fjz 7, E5 n B 0 0 A a I i 1 19*194 I �G Z The first component of the request is a variance from Section 17.28.330 relating to driveway slope. Per this section, the maximum allowable slope of the heated drivewa may be 12%, provided the Town Engineer's approval is obtained. The driveway approved by the Design Review Board (DRB) to serve the Szpiech residence was 8% i n d a w • r yiv to e asw 8- a I grade. During construction, the excavator located the house approximately 6 feet higher in elevation than what was shown on the approved DRB and building permit plans. The resulting common driveway is 10% from the street to where the driveway splits and 14.5% from the this point to the Szpiech garage. The upper portion , at 14.5%, will be heated. A variance is needed to allow the maximum allowable rade o 12• for Drivate drives • be exceeded by 2.5% and to allow the maximum grade of 9 for common drives to be exceeded • Heiciht L-0 Maximum allowable heated private driveway slope: 0 12% Prrivate • riveway slope: oposed p d 14.5 *Amount private driveway slope exceeds allowable: 2.50 Maximum allowable common driveway slope* 9% Proposed common driveway slope: 0 10% *Amount proposed common driveway slope exceeds allowable: 1% Maximum wall height allowed in the front setback: 3 fe •i• ''f wall height in the front setback: 6 te E N IV. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the Vail Municipal Code, the Community Development Department recommends approval of the requested slope variances and approval of the requested wall height variances based on the following factors: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict and literal interpretation and enforcement • a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives • this title without grant of special privilege. One of the positive aspects of the design under construction is that the driveway serves two different properties. As the Sheridan site is located uphill, behind the Szpiech residence, the access to the Sheridan property would have required slope variances in all likelihood. By working together, the two owners have been able to provide one driveway with a lesser slope than what the Sheridan drive would have required. The vicinity map on the attached page shows the property line locations between the Sheridan and Szpiech residences. Lot 10, the Sheridan property, has a narrow "flag pole" which provides frontage on Garmisch Drive. It a driveway were located within his property lines, the slope would be steeper than what is proposed with the common drive. N %,-�; r � _ e'r��. ors .• 2417 15 16 f71 18 2 1 93 14 407 2397 23A7 3 2613 2603 12 2� 240 7 437 q 2633 11 g_ 445 .8 6 5. 2643 ® 2 37 2 2457 8 6 241 jog 455 G 2368 2388 2487 2 10 37 ° 11 2673 2653 3 2602 2556 O� 2428 7 LPa� q 2612 I 5 6 46 e I$ f3 f5 5 262 j 6 2- {� 5 50 4 475 467 ¢� 3 f6 35 2477 �P 45 1.3 389 37 12 f} 10 2632 2575 2 2 4 497 248 18 2 3 8 26 2642 23 85 256 2517 f4i 409 NIX LANt 2672 22 2605 21 2609 3 2527 f 508 26 27 28 246 20 G� J 20 2615 g�7 11 1 2488 2478 247 6 21 41 + 2635 2 46 6 f0 2 22 a 2454 2645 3 7 g 516 13 24 23 242 TRACT D 449 iR AIL 2 259 1 518 2439 2437 8 1457 (>iAMtN IX RD° 2b 262fi 2616'60fi 572547 7 52 26 1459 2fi 6 10 29567 fi 49 12 2293 - CO CORNERS 12 If 2579 5 558 16 450 $ 9 10 d1 43 WENDY °S 2313 TRACT TRiACT G 10 2617 y If 2607 2597 287 456 566 18 17 2467 7 6 24 434 TRACT A 2399 3 247 2469 56 5 B 2610 2 57.. 19 20 2479 460 _ 4 648 3 2 1 1 2576 2f ?487 \,P' 2608 286 2578 489 ®Cl1X 22 2466 2 66 3 TEXACO PHILLIPS AR 0 497 GNPM 2 47^ 66 23 4 8 5 2499 249 7 i 2657 260 3 VWEST WL 1 EXIT 3 A 1 j'� 2334 1_fz _ UNPLATTED 2354 f 2394 2 c 2264 384 BLDG. 5 �� STREAMSIDE 2414 R9�y0S RO D 3 2374 2284 3 24 2121 2274 25 2 oa � ND 2119 g A 18 e A MEADO 117 2120 2115 2113 A TRACT B 2118 2116 � R�ONT 21! i 10 2114 21I0�21I � ®y O 2219 2217 2212 2218 F, 2214 2216 m 8 - HIGHLAND PARR . TOWNHOMES } UJ TRACT C 1 {. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: A" ! i f 0 11 k t $ ®90 ®�o UNPLAT7<D (LOT FOUND 1 12*RERAR / J / < < l j 1 t WA CNER NO. 2187 --J — _- / ) _ t' / Zs 89 • I / / ans. r' tP r R = $5.00° a / Qk L 28.59° aP . / / � / � / £x / I J 4dt 5. rcev eosz.sa' r'u:•__• wrrA. a +oo L0 0 :A 0+50 (l // / / /�' // //� ) `� O/A. , Wi� np %/ k/ 4 .� �° �u. : ' ,�^� a' 0 "� .- ; L° ,? , f ^Y > 7 � ,. 1 � no� r/. •� Q r f , £EV Q d A�A /GJ 41 ! Op �"ti`� I �` O 4 t l \ I ,Q o j R p 19f rA. ?"(,W _ I 3'45.00 ev, ea6o0 ' An ¢y1`a 0� 10 �f /'�N ry? _ J.r FEV r- 5601.95' / //�` i anF T, f L T: / y A request for a variance from Section 17.28.330 for a private driveway slope of 14.5% and a shared driveway of 10% slope; and a variance to allow for walls greater than 3 feet in height to be located in the front setback; for the Szpiech, Sheridan, and Wirth properties located at 2445 Garmisch Drive, 2457 Garmisch Drive and 2447 Garmisch Drive /Lots • 10, and 11, Block H, Vail d• s Schone 2nd Filing. Andy Knudtsen stated that the 4 foot width could be varied somewhat but that the proposed landscaping could not be reduced. Bill Anderson inquired what type of monitoring system the applicant was proposing to use. 4 Andy Knudtsen stated that the 14.5% was based on a 20 foot turning radiul Bill Anderson stated that it appeared to him that if the house was in its correct position that the site disturbance would actually be worse than what has occurred with the house's current location. For this reason, he said that he did not have a problem with the requested variances. Kathy Lan•enwalter stated that Duke should meet with Andy and Greg Hall on this issue. She stated that she was in favor • the requested slope and wall height variances. Bob Armour made a motion to approve the requested wall height and slope variancEs per the staff memo including the four conditions on Page 5 of the staff memo with Dalton Williams seconding the motion. t•0 vote approved this request. I 5. A PEC update on revisions to previously approved setback and site coverage variances, located at 2409 Chamonix Lane/Lot 19, Block A, Vail Das Schone 1st Filing. Applicant: Anneliese Taylor Planner: Mike Mollica Planning and Environmental Commission Minutes May 9, 1994 5 a E E El 161:46101-mg 0 1 T 1=710 M DATE: May 9, 1994 SUBJECT: A request for a wall height variance to allow for a single family residence to bd constructed at 2840 Basingdale/Lot 4, Block 9, Intermountain Subdivision. Applicant: Dan Freclericil Planner: Andy KnudtsE2 The applicant is proposing two separate structures and went to the Design Review Board (DRB) for a separation request. On April 20, 1994, the DRB reviewed the separation request and approved it. The applicant is proposing to plant nine aspen between the garage and the house. In addition, the applicant will transplant one spruce that is currently located within the footprint of the garage. fllmmw���� Lot Size: .64 acre or 28,039 sq. ft. Zoning: Primary/Secondary Residential Height: 33' 32.5' GRFA: 6,753.9 sq. ft. 1,071 sq. ft. Setbacks: Front: 20' 4' for garage, 20' for home Side: 15, 62' Side: 15, 35' Rear: 15, 65' Site Coverage: 4,205 sq. ft. (15%) 815 sq. ft. (3%) Landscaping: 10,823.4 (60%) 27,044 sq, ft. (96.4%) Parking: 2 spaces 2 spaces 0 Y I 0 Ill. ZONING CONSIDERATIONS Upon review of Criteria and Findings, Section 18.62.060 of the Vail Municipal Code, the Community Development Department recommends approval of the requested variance based • the following factors: A. Consideration • Factors: 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity • to attain the objectives • this title without grant • special privilege. 3. The effect • the requested variance on light and air, distribution populat on and ion, transportati traffic facilities, public facilities an utilities, and public safety. I The Town Engineer has reviewed the request and will require that the applicant provide 19 feet between the edge of pavement and the garage door for guest parking. Since the applicant has addressed this concern, staff believes that there will be no negative impacts from the proposal on the above- referenced criteria. B. The Planning and Environmental Commission shall make the following findings before arantinq a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. N 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: C. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners • other properties in the same district. - 0 -MIRMNIIJ The boulder walls and foundation of the garage and house must be designed by a registered professional engineer. 2. The face of garage shall be located a minimum of 19 feet from the edge of asphalt to provide an adequate guest parking space outside the travel lanes of Basingdale Boulevard. 3. The utility service line for the garage and house shall be buried undergrounil cApec\meMosVrederiC.509 K • I � • • • ii 14 I I E I i 1 01,0 -4'0 - Llrl--i 1 I L PA I O 4'ell Sys xa- A Is E C7 0 MEMORANDUM TO: Planning and Environmental Commission I 1z 2-012 21111 • 4, SUBJECT: A request for a minor SDD amendment to allow for a modification to the po cochere at the Westin Resort located at 1300 Westhaven Drive/further described below: I CASCADE LODGE JOINT VENTURE (Westin Hotel) That part of the SW 1/4 NE 1/4, Section 12, Township 5 South, Range 81 West of life Sixth Principal Mardian, Tom of Vail, Eagle County, Colorado, descrilood as follows: Beginning at a point on the southerly boundary of the pamd of land sham on the Condominium Map for the Colorado Mountain Condominiums recorded in Book 367 at Page 620 in the office of the Eagle County, Colorado, Clark and Recorder, whence the most southerly comer of said parcel beans S 52'50'29' W 14.16 feel dislani. thence the following nine courses along the wWh&iy boundary of said parcel: (1) N 52'5029' E 49.16 loot; (2) N 3711245 W 12,34 icol: (3) N 52'4715 E 1.00 feet (4) N 37'12'45'W 1.30 loot; (5) N 52'47'15' 42.60 feel; (6) N 37*12'45* W 8.70 feet; M N 52"4715- E 15,00 loot; (8) S 37'12'45' E 22.40 feet: (9) N 52150'29° E 35.28 lost; thence departing said southerly boundary N 52150'29' feel: thence S 37'09"31' E 45.34 feet thence N 52'50'29' E 48.70 feel; thence S 37°0931' E 9.60 feet; thence N 52'50'20' E 80,00 feel; theme S 37°0931' E 220.02 feet to Gore Crook; thence the following four courses along Gore Crack: (1) S 492939' W 76.45 loot; (2) S 22'3136* W 124.47 fact; (3) S 53'37'36" W 119.34 feel; (4) S 65131'36'W 14.58 feet: thence N 3710931* W 116.45 lool to the point of beginning containing 110,200 square foot or 2.49 acres, more a low Applicant: Chris Hansen, representing the Westin Vail Resort Planner: George Ruther a 2121mgLe- a 1, 0 A new lighting plan is also proposed with this request. The lighting plan includes four surface sconces on the two outer columns • the entry feature and a circular chandelier placed on the under roof of the entryway. The detailed specifications for lighting are to be determined and is will be submitted for approval and will be in compliance with Ordinance No. 9, Series of 1993. PLAZA SUITE Thai part of the SW 1/4 HE 1/4, Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, Tom of Vail, Colorado, described as follows: Beginning at the most northerly comer of Condominium Map of Colorado Mountain Condominiums according 10 the map thorool recorded in Book 387 at Page 620 in the Mice of Eagle County, Colorado, Clark and Recorder, whence an iron pin with plastic W marking the comer of said Section 12 boors S 34'50*58° W 964.37 feel; thence N 66,48'44* E 106.67 feet, thence 79.97 feel Wong the we of a curve to the left having a rafts of 1121.72 loot; a central angle of 04'0504* , and a ohord that bears N 54'46'13' a 79.95 feet; thence N 52'43'41' E 28.82 lost; theme S 37109'31' E 1 05.76 teal; thence S 52'5(Y2V W 25.00 1-1; thence S 37,09,31" W 25.00 lost: thence S 52,50'29* E 80.00 feel; thence S 5250*29'W 15.00 1-1: thence S 37'09'31' E 16.78 foot, thence S 52°5029' W 21.30 feet; then. S 37'0931* E 9.60 feel; thence S 52-5029' W 80.00 loot: thence N 37-0931' W 9.60 feet; thence S 52°5()`29'W 48.70 loot; them. N 37'09131* IN 45.34 foot; thence S 52150'29'W 56.96 feel to the northeasterly Ine of said Condondrium Map of Colorado Mountain Condominiums; theme the following Ithroo courses along said northoaslorty fine: (1) N 37109131* W 55.00 foot; (Z N 07150'29' E 45.00 feel; (3) N 3710931' W 80.40 1-1 to the point of beginning, comaining 1.000 acres, more or to". Applicant: Chris Hansen, representing the Westin Vail Resort Planner: George Ruther a 2121mgLe- a 1, 0 A new lighting plan is also proposed with this request. The lighting plan includes four surface sconces on the two outer columns • the entry feature and a circular chandelier placed on the under roof of the entryway. The detailed specifications for lighting are to be determined and is will be submitted for approval and will be in compliance with Ordinance No. 9, Series of 1993. � A a Is — Section 18,40.100 (Amendment Procedures) of the Municipal Code stipulates the following for minor amendments to Special Development Districts: "Minor Amendments: Minor modifications consistent with the design criteria outlined in Section 18.40.020B may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development." In addition, the Municipal Code also stipulates that the Community Development staff shall inform the Planning and Environmental Commission (PEC) • the staff action on the reque for a minor SDD amendment. I c:\pec\memos%westin.509 E K _ _ _ ___ • • • R 1 4 _. 1 __...__ _.. i'. 1 Jj% -- :; --- a_ ..... ... ... ... � , I '6� Iia �__�.m____ 8 _ ^� 1 t i t � �____ I �' i 9 i; ___ __ _ __ _ .__ ___ 1 -- S� v 9 Vail Planning & Environmental Commission Date: May 2, 1994 Re: "April 261,1994 - SUGGESTED POINTS FOR PRIVATE-PUBLIC AGREEMENT FOR VAIL COMMONS LAND" by Mery Lapin. 1. Town of Vail +ill always own the land. I Agree. 2. The land will not be subordinated during construction. 3. TO V will not finance a construction loan but may provide permanent financing either directly or, rom the Vail Housing Authority depending on the interest rate and term. I Agree. 4. lVeither TOO nor Vail Housing Authority will manage the completed project. I Strongly Disagree: I served on the Employee Housing Task Force which was the recommending body for the establishment of the Vail Housing Authority. Our group worked with the TOV consultants zl� in studying the need for Affordable Housing and researching the best method of establishing Affordable Housing in Vail. The Vail Housing Authority should own and actively manage any and all housing that is created as part of this project. The Vail Housing Authority should establish policies which require any residents to be employed by a business operating in the TOV. The Vail Housinc, Authority should establish policies which require residents to be year round residents of the TOV. The Vail Housing Authority should establish income levels for which preference will be given in leasing Affordable Housing Units and study the possibility of rental subsidies for lower income workers who are permanent residents of the TOV where appropriate. 5. All housing units will bepermanently restricted with enforcement oJ'these restrictions for I the exclusive use of long-term employees. All residents must be registered voters in the TOO if legal to require. I Agree. See ##4 above. 6. The project may be a mixture of commercial, municipal services, and residential. -ATo variances will be given for additional density over what is allowed on the property= at the time ofsale. Mixed Use: I Agree. No Variances for density: This should be reviewed and determined byte P.E.C. 7. No additional personnel will he added to the Pail Housing Authority of the To V due to this project I Disagree: See #4 above. The Vail Housing Authority should actively manage any and all housing and a small staff should be allowed to accomplish this.