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HomeMy WebLinkAbout2003-0512 PEC• N_ 141 PROOF OF PUBLICATION STATE OF COLORADO �w SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of (March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. , That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......... /...... consecuti insertions; and that the first publication of said notice was in the issue of said newspaper dated .. ... ..... =�_5 ......... A.D.,.... ....... and that the last publication of said notice was in the issue of said newspaper .. -- G date ..aS....... A.D........5 �� ......... ^� In witness whereof I have hereunto set my hand this ...,..'/.0. day ., fli'7CJQ. blisher Subscribed and sworn to befoc , a notary public in and for the County of Eagle, State of Colorado, this ............ ...... day of ...,.. .. THIS REM MAY AFFECTYOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a rile hearing in accordance with Section 12 -3.6 of the Vail Town Code on May 12, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request fora final review of a proposed major exteror at on, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a con- ditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a tractional fee club; a recommendation 10 the Vait Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a ra- quest for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a fi- nal review of a modification of the Gore Creek 100 - year floodplain, pursuant to Section 12- 21 -10, (De- velopment Restrictedl, Vail Town Code, located at 20 Vail Road. 62 E. Meadow Drive, and a2 E. Meadow D,wAots K & L. Block 5E, Vail Village let Filing. Applicant: Sonnenalp Properties, Inc.., represented by Braun Associates, Inc. Planner: George Rutherlwanan Campbell A request for an amendment to an approved deval- opment plan in accordance with Section 12 -BD -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski I Tract Club Vail, located at 5'99 Vafl Valley Drive B, Vail Village 7th Filing Applicant Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs A request for a recommendation to the Vag Town Council of proposed tmtt amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA regulations in the Hillside Residential (HR), ingle - Family Residential (SFR), Two - Family Residential ;R), Two - Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Familyy (LDMF), Medium Density Multiple- Family �- (MDMF), High Density Multiple - Family (HDMF), and Housing (H) districts, and setting orth details in regard thereto. Applicant V dd Pearson, et.al. Planner: Bill Gibson The applications and information about these pro- posals are available for public inspection during regular business hours at the Town of Vail Com- munity Develooppment Department office, 75 South Frontage Roed. The public is invited to attend the Project orientation hold in the, Town of Vail Com- munity Development Department office and the site visits thatprecedo the public hearing. Please call (970) 479 -2135 for additional Information. Sign language interpretation is available upon m- quest with 24 -hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for aciddional information. Published in the Vail Dally on April 25, 2003. I� Notary Pu tic My Commission expires.. `... .. /I... �,.. • THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE A, NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on Ma 12, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: x If A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block SE, Vail Village 1 5t Filing. Applicant: Sonnenalp Properties, Inc_, represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell A request for an amendment to an approved development plan in accordance with Section 12- 8D-6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive / Tract B, Vail Village 7 th Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs M A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single- Family Residential (SFR), Two - Family Residential (R), Two- Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple- Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. 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 additional information. This notice published in the Vail Daily on April 25, 2003. ail TOWN OF VAIL • No STATE OF COLORADO COUNTY OF EAGLE 138 PROOF OF PUBLICATION SS. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States snails as a periodical under the provisions of the Act of March 3, 1679, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......... /..... consecu 've insertions, and that the first publication of said notice was in the issue of said newspaper dated .. .....9 ................... A.Q. ........ and that the last ` �blication of said notice was in the issue of said newspaper dated. ............. A.D........... In witness whereof I have hereunto set my hand this ...... ... day ofd .. ... ... .... . .. ..... ......,. :............ /.. ................ r'% i I (• Publisher Subscribed and ssw�� to before m , a notary public in and for the County of Eagle, State of Colorado, this ..............Gl... day of ...::....................C.Q. ............... / Notary Public My Commission expires .....: ,; ' ... .......... (,.. t PLANNING AND ENVIRONMENTAL COMIMSSION PUBLIC MEETING • Monday, May 12, 2403 PROJECT ORIENTATION I - Community Develop' ment Dept. PUBLIC WELCOME 12:04 pm Sedimentation & Erosion problem presented by Bill Carlson, Environmental Health Specialist (The need for controls and regulations) - 15 min. MEMBERS PRESENT MEMBERS ABSENT site visits: 1:00 pm 1. Ski Club Vail - 598 Vail Valley Drive , 2, Vista Bann Building - 333 Hanson Ranch Road 3. Alpenrose - 140 F. Meadow Drivf3 Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00.6:30 Pudic Hearing • Town Council Chambers 2:00 pm 1. - A natii" for a conditional use per mit, to allow for en outdoor dining deck, in accord- ance with Section 12- 78-48, Conditional Uses, Vail Town Code, located at the Vista Bahn Build - ong 333 Hanson Ranch Road/Lot C. Biotic 2. Veit Village 1st (=fling. Applicant: Remonov & Company, Inc., repre- sented by KnitlflI Planning Survk:rm Inc. Planner: III Gibson 2. A request for a final recommendation to the Vail Town Council of proposed text amend- ments td amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Typ es, Vail Town Code, to amend the Type Il EHU require- ments and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 3. A request for an amendment to an ap- proved development plan in accordance with Sec- tion 12 -SD-6, Development Plan Required, Vail Town Code, to allow for driveway and periting modifications at Ski Club Vail, located at 548 Vail Valley Drive I Tract B. Vail Village 7th Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs 4. A request for a final review of a pp posed major exterior alteration, pursuant to sec- tion 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use pemlit, pursuant to Section 12.7A•3, Vail Town Cade, to allow for a fractional fee club: a recommendation to the Vail Town Council of a taxi amendment Section 12.7A- 3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess o! 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area require- ment, and a request for a final review of a modifi- cation of the Gore Creek 100 -year floodplain, pur- suant to Section 12- 21 -10, (Development Restrict- ed). Vail Town Coda, located at 20 Vail Road, 62 E. Meadow Drive, and 82 F- Meadow Drive/Lots K & L. Black 5E, Vail Village 1st Filing, Applicant: Sonnenalp Properties, Inc_ r resent- ed by Braun Associates, Inc. Planner: George Rutherlwarren Campbell 5. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Mead- ow Drivell-ot O, Block 5D, Vail Village 1st Filing. Applicant Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner: Matt Gennefl • B. A request for a warksess +on to dig cues the following applications: a recommendation to the Veil Town Council of a text amendment to Section 12 -7&13, Density Control, Zoning Regula- tions; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A. Vail Village 5th Filing from Public AC- cammodaffon zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the 'trade parcel' and Lots 1 & 2, MITI Creek Subdi- vision to Ski Base Recreation 11 zone district; a re- quest for a minor subdivision,. pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property Ilse be- tween Lots P3 & J. Black 5A, Vail Village 51h Fil- ing; a request for a recommendation to the Vail Town Code of a proposed major subdivision. pur- suant to Section 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the 'trade parcel'; a request fora conditional use permit, Pur- suant to Chapter 16, Title 12, of the Vail Town Core, to allow for a 'private off - street vehicle pal" s- ing. facility and public park' to be constructed and operated on Lau P3& J, Block 5A, Vail Village 5th F iingl a request for an exterior alteration or MC& fication, pursuant to S on 12 -70 -7, Exterior Al- terations or Modifications, Vail Town Code, to al- low for an addition to the Lodge at Vail; a request for a variance Irom Sat:tion 12- 21 -10, Develop- ment Restricted, Vail Town Code, pursuant to Chapter 17. Variarres. Zoning Regulations, to al- low for the construction of mutiiple- famlly dwelling units on slopes in excess of 4D%; and a request for the establishment of an approved devaloprnertt plan to facilitate the Construction of Vail's Front Door, and setting forth details in regard thereto. (A Mora complete metes and bounds legal description is available at the Town of Vail Community Devel- opment Department) Applicant: Vail Resorts, represented by Jay Pe- terson Planner: George Rusher TABLED UNTIL JUNE 9, 2003 7. A request for a recommendation to the Vail Town Council of proposed text amend - "tents t Title 12, Zoning Regulations. Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single - Family Residential (SFR), Two -Fami- iy Resident al (R). Two- Family Pr Cl ste maryJSec en rdary Residential (P ), Residential (mCDry Density MUitfple -Fami (LDMF), Multi le -Famll (MDM�), High Density Multiple- Fa=ly (HDM ), and Housing (H) districts, and set - 3A details in regard thereto. cant: Vicki Pearson, et.al. ier. Bill Gibson .ED UNTIL JUNE 9, 2003 Approval of April 28. 2003 minutes Information Update applications and information about the propas- ,re available for public inspection during regu- ffice hours in the project planner's office local it the Town of Vail Community Development artment, 75 South Frontage Road. Please call 2138 for information. language interpretation available upon re- ;t with 24 hour notification. Please call 479- 5. Telephone for the Hearing Impaired, for in- ietlon. imuniry Development Department IYshed May 9, 2003 in the Vail Daily, 0 0 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, May 12, 2003 PROJECT ORIENTATION 1- Community Development Dept. PUBLIC WELCOME 12:00 pm * Sedimentation & Erosion problem presented by Bill Carlson, Environmental Health Specialist (The need for controls and regulations) -- 15 min. • MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1. Ski Club Vail — 598 Vail Valley Drive 2. Vista Bahn Building — 333 Hanson Ranch Road 3. Alpenrose — 100 E. Meadow Drive Driver_ George 1:00 pm Z*F-D NOTE: If the PEC hearing extends until 5:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 713-413, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov & Company, Inc,, represented by Knight Planning Services, Inc. Planner: Bill Gibson 2. A request for a final recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 3. A request for an amendment to an approved development plan in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive f Tract B, Vail Village 71n Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs • TOWN *VAIL 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1 St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner; George Ruther /Warren Campbell 5. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Meadow Drive /Lot O, Block 5D, Vail Village 1 5 ' Filing. Applicant: Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner: Matt Gennett 6. A request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 713-13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5 th Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel' and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation 11 zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow forthe relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5th Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13 -3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel "; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off- street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5' Filing; a request for an exterior alteration or modification, pursuant to Section 12 -713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12 -21- 10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple- family dwelling units on slopes in excess of 40 %, and a request for the establishment of an approved development plan to facilitate the construction of Vail "s Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruther TABLED UNTIL JUNE 9, 2003 7. A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area 0 1 (GRFA) regulations in the Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple- Family 2 (MDMF), High Density Multiple- Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson TABLED UNTIL JUNE 9, 2003 8. Approval of April 28, 2003 minutes 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 - 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 9, 2003 in the Vail Daily. • 3 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, May 12, 2003 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm * Sedimentation & Erosion problem presented by Bill Carlson, Environmental Health Specialist (The need for controls and regulations) — 15 min. MEMBERS PRESENT John Schofield Chas Bernhardt Gary Hartman Doug Cahill Erikson Shirley Rollie Kjesbo MEMBERS ABSENT George Lamb Site Visits : 1:00 pm 1. Ski Club Vail — 598 Vail Valley Drive 2. Vista Bahn Building — 333 Hanson Ranch Road 3. Alpenrose — 100 E. Meadow Drive Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 713-413, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Bill Gibson MOTION: Rollie Kjesbo SECOND: Gary Hartman VOTE: 6 -0 TABLED UNTIL JUNE 9, 2003 2. A request for a final recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson MOTION: Doug Cahill SECOND: Rollie Kjesbo 0 TABLED UNTIL JUNE 9 VOTE: 6 -0 TO W OF VAIN � 3. A request for an amendment to an approved development plan in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive 1 Tract B, Vail Village 7 Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6 -0 APPROVED WITH 2 CONDITIONS: That the applicant shall submit an easement agreement for all improvements located on Vail Resorts property. This easement shall be recorded with the Eagle County Clerk and Recorders office prior to final inspections for all improvements. 2. That the applicant shall submit a revised landscaping plan for review and approval by the Design Review Board, prior to issuance of a building permit. 3_ That the previously approved variance to allow for loading and parking in the right - of -way has expired. All signage must be removed. No parking shall be allowed on public property. 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition, a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 1 00-year floodplain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village I" Filing_ Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell MOTION: Chas Bernhardt SECOND. Rollie Kjesbo VOTE: 6 -0 APPROVED WITH 6 (amended) CONDITIONS: 1. That the applicant submits to the Community Development Department a signed deed - restriction restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 2. That the applicant records FeGe1yeS nPnrn„nl frnrn the TGWR of Vail G a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of vehicular ingress and egress to and from the Talisman Condominium property to eitheF Gep Greek Drive Vail Road er Will Brid r „ @dI „ r hAth The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The eas ement nnrnmmen n" a t ed by Tpwp Af V@ in waning and shall be appFe e by the PlaRROnn and ERVirnmm�n#nl Qe rvtinni a ce, i , i , vv e i e rr�� and rCr o ceppres v � a ra�J t , h '' �� �� tG gFa . The easement agreement shall be recorded by the applicant at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a 1) • 0 building permit for any construction of this project. That the applicant agrees to construct the recommended Town of Vail streetscape improvements to East Meadow Drive to the flow line on the north side of the street . and/or the appropriate matchline on the north side of the street as generally depicted on Exhibit C, prepared by Resort Design, dated May 12, 2003. The applicant shall be responsible for funding the cost of the construction of the first one -third (113) of the streetscape improvements as measured from the southerly right -of -way line. The Town of Vail will be responsible for funding the cost of the construction of the remaining two- thirds (213) of the streetscape improvements. The applicant agrees to construct the improvements with reimbursements from the Town of Vail. The streetscape improvements shall include a 50 %/50% cost sharing of the required drainage improvements. The applicant shall consult with the Town of Vail Public Works Department regarding the total cost of said improvements and the Town of Vail shall approve said costs, prior to the issuance of a building permit. Compliance with said condition and the utilization of the loading and delivery facility shall offset the applicant's requirement for any financial contribution to the Town of Vail traffic impact fee. 4. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. Full compliance shall be demonstrated prior to the issuance of a temporary certificate of occupancy for the Swiss Chalet. 5. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. Should the proposed text amendment application and /or subsequent conditional use permit not be approved by the Town of Vail, the applicant shall be required to revise the proposed redevelopment plans and reappear before the Town of Vail Planning and Environmental Commission for a final approval of the revised proposal. 6. The applicant agrees to improve the existing stairs at the kayak take out adjacent to the development site. Said improvements shall be initiated by the Town of Vail and the applicant's financial contribution toward said improvements shall not exceed $10,000. Construction of, or reimbursement for, said improvements shall be completed prior to the issuance of a temporary certificate of occupancy for this project. 5.. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Meadow Drive /Lot O, Block 5D, Vail Village 1$ 3 Filing. Applicant: Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner: Matt Gennett is MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6 -0 TABLED UNTIL JUNE 9, 2003 6. A request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 7B -13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5 th Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation I I zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5 th Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13 -3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel "; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off - street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5 th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -78 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12 -21- 10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple- family dwelling units on slopes in excess of 40 %; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Ruther TABLED UNTIL JUNE 9, 2003 A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single - Family Residential (SFR), Two- Family Residential (R), Two- Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple- Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson TABLED UNTIL JUNE 9, 2003, 8. Approval of April 28, 2003 minutesl 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 south Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department 11 X s Planning and Environmental Commission ACTION FO (i�]� k'Y11� i ,{ T Department of Community Development 7 ! OF Y'�A 75 South Frontage Road, Vail, Colorado 81657 tel :970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Ski Club Vail PEC Number: PECO30024 Project Description: Participants: Revised driveway with additional parking OWNER SKI CLUB VAIL 04/24/2003 Phone: PO BOX 518 VAIL CO 81658 License: APPLICANT Snowdon Hopkins Architects 04/24/2003 Phone: 476 -2201 Pam Hopkins Box 3340 Vail, CO Pam @snowdonhopkins.com 81658 License: 40 Project Address: 598 VAIL VALLEY DR VAIL Location 598 Vail Valley Drive /Ski Club Vail Legal Description: Lot: Block: Subdivision: VAIL VILLAGE FIL 7 Parcel Number: 210108109002 Comments: BOARD/ STAFF ACTION Motion By: Cahill Second By: kjesbo Vote: 6 -0 Action: APPROVED Date of Approval: 05/12/2003 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: CON0005869 That the applicant shall submit an easement agreement for all improvements located on Vail REsorts property. This easement shall be recorded with the Eagle County Clerk and Recorders office prior to final inspections for all improvements. Cond: CON0005870 That the applicant shall submit a revised landscaping plan for review and approval by the DRB prior to issuance of a building permit. Cond:CON0005871 That the previously approved variance to allow for fading and parking in the 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2003 SUBJECT: A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 713-413, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village I" Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson I. SUMMARY The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit, to allow for an outdoor dining deck at the Vista Bahn Building, located at 333 Hanson Ranch Road. The same conditional use permit proposal was approved by the Planning and Environmental Commission on July 10, 2000; however, this • previous approval has since lapsed and become void. The applicant is now re- applying for a conditional use permit using the same proposal. Based upon staffs review of the criteria in Section Vlll of this memorandum, the evidence and testimony presented, and the Town's previous approval of this proposal, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit, subject to the findings and conditions noted in Section IX of this memorandum. Staff believes that the use of an outdoor dining deck on this site is appropriate; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that design alternatives are available which more closely adhere to the criteria for review of a conditional use permit proposal_ In addition to a condition use permit, Town of Vail design review approval is also required for this proposal. Town of Vail design review of this proposal may require significant alterations to the proposed outdoor dining deck design and configuration. II. DESCRIPTION OF REQUEST Pursuant to Section 12 -7B-4, Vail Town Code, the applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit to allow for an outdoor dining deck at 333 Hanson Ranch Road. This proposal will involve an approximately 510 sq. ft. expansion of the Tap Room's existing, second -floor deck located on the south side of the Vista Bahn Building. A copy of the applicant's request and the associated architectural drawings have been attached for reference (see Attachment B and C). 1 III. BACKGROUND 0 On July 10, 2000, the Planning and Environmental Commission approved this same conditional use permit proposal, pursuant to Section 12 -7B-4, Vail Town Code. Since construction of the previously approved outdoor dining deck was not commenced within two years of the conditional use permit approval; the Planning and Environmental Commission's July 10, 2000, conditional use permit approval has lapsed and become void. The Planning and Environmental Commission reviewed the current application at its April 28, 2003, public hearing. The Commission requested that the applicant further examine design alternatives for the proposed outdoor dining deck. One of those alternatives was to realign the existing pedestrian access between Hanson Ranch Road and the bike path to be completely located to the east of the Vista Bahn Building. The applicant's evaluation of those design alternatives has been attached for reference (see Attachment D). The applicant is contending that the outdoor dining deck design reviewed by the Planning and Environmental Commission at its April 28, 2003, public hearing is the most appropriate of the design alternatives. The Town of Vail Design Review Board conceptually reviewed the associated design review application for this proposal at its May 7, 2003, public hearing. The Design Review Board was generally supportive of the concept of an outdoor dining deck located on the south side of the Vista Bahn Building; however, the Board was not supportive of the proposed design on the deck. The following is a brief summary of the Design Review Board's comments from its conceptual review of this proposal: 0 • The proposed deck design hinders and discourages pedestrian access to the businesses in the Vista Bahn Building and pedestrian access between Hanson Ranch Road and the ski mountain. • Adequate head - height clearance between the proposed deck and the existing pedestrian access stairs is a concern. • The existing evergreen trees should not be removed. • The deck should be located within the Vista Bahn Building property boundaries. • The proposed deck needs to be redesigned with a more logical configuration. • The finish treatments and lighting for the under -side of the proposed deck are a concern. • A smaller deck expansion with abridged walkway connection to the bike path should be considered. 0 OAI Relocation of the pedestrian access easement entirely to the east side of the Vista Bahn Building should be considered. This may address many of the Design Review Board's concerns and provide an opportunity for an even larger outdoor dining deck, with a more logical configuration, than is currently being proposed. The Design Review Board is tentatively scheduled to reviewthis application again at its May 21, 2003, public hearing. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commissio Action: The Planning and Environmental Commission is responsible for final approval/approval with conditions /denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 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, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code} Article 12 -7B: Commercial Core 1 (CC1) District 12 -7B -1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -7B -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses- The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops. Theaters. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 12 -7B -8: CONDITIONAL USES; FACTORS APPLICABLE: In considering, in accordance with chapter 16 of this title, an application for a conditional use permit within commercial core 1 district, the following development factors shall be applicable: A. ,Effects of vehicular traffic on commercial core 1 district. B. Reduction of vehicular traffic in commercial core 1 district. C. Reduction of nonessential off street parking. D. Control of delivery, pickup, and service vehicles. 4 E. Development of public spaces for use by pedestrians. F. Continuance of the various commercial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. G. Control quality of construction, architectural design, and landscape design in commercial core 1 district so as to maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. Chapter 12 -14: SUPPLEMENTAL REGULATIONS 12- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use_ B. Dwelling units in the same structure orin structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated with appropriate covering. Chapter 12 -16: CONDITIONAL USE PERMITS 12 -16 -1: PURPOSE; LIMITATIONS: in order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -8: PERMITAPPROVAL AND EFFECT: Approval of conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. 5 Vail Village Master Plan The Vail Village Master Plan includes the following goals and objectives that staff believes are applicable to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. VI. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Development Standard Allowed /Required Exi_ sting Pro posed Lot Area: 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Building Front: Per Vail Village 0 ft. no change Building Sides: Urban Design 0 ft./2 ft, no change Building Rear: Guidelines 22.5 ft. no change Rear Deck (south): 21.5 ft. 1 ft. Stream: 30 ft. 19 ft. no change Building Height: 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change Density: 25 units /acre 1 units no change GRFA: 3,716.8 sq. ft. 3,507 sq. ft. no change Site Coverage: 3,716.8 sq. ft. 3,949 sq. ft. no change Landscape Area: Per the Vail Village 314.6 sq. ft. no change Urban Design Guidelines Parking: 15.7 spaces 0 spaces no change 6 0 VII. SURROUNDING LAND USES AND Z VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes there are other design alternatives which more closely adhere to the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this proposal, as designed, will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Balm Building which provides access between Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public.. 7 Land Use Zoning North: Mixed Use Commercial Core 1 District South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 (Commercial Core 1 District) VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes there are other design alternatives which more closely adhere to the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this proposal, as designed, will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Balm Building which provides access between Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public.. 7 4. Effect upon the character of the area in which the proposed use is to be . located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that the proposed use of an outdoor dining deck has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. Staff recognizes that this site has a commercial zoning, however, there are residential uses adjacent to the proposed outdoor dining deck. The proposed deck has been designed with a nearly eight foot setback from the Bridge Street Lodge Building to address the requirements of Section 12- 14 -14, Vail Town Code, as referenced in Section V of this memorandum. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. Pursuant to Section 12 -78 -8, in considering an application for a conditional use permit M within Commercial Core 1 district, the following development factors shall be applicable: Consideration of Factors Regarding the Conditional Use Permit in the Commercial Core 1 (CC1) district A. Effects of vehicular traffic on Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. B. Reduction of vehicular traffic in Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. C. Reduction of nonessential off street parking. Staff believes that this proposal will have minimal, if any, negative impacts on the above- described criteria. D. Control of delivery, pickup, and service vehicles. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. 9 P 0 E. Development of public spaces for use by pedestrians. Staff believes that the proposed design of the outdoor dining deck will have a negative effect upon the light; air; and pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. Again staff believes that an outdoor dining deck use is an appropriate use on this site. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more appropriately accommodate public pedestrian spaces. F. Continuance of the various commercial, residential, and public uses in Commercial Core 1 district so as to maintain the existing character of the area. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria_ However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. is G. Control quality of construction, architectural design, and landscape design in Commercial Core 1 district so as to maintain the existing character of the area. Staff believes that an outdoor dining deck located on the south side of the Vista Bahn Building is consistent with the character of the Commercial Core 1 district; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff 'believes that there are other design alternatives which more closely adhere to these criteria. The proposed deck design will cover a significant portion of a pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. The Design Review Board has also noted specific concerns about the applicant's proposal to remove two existing, mature evergreen trees to accommodate the proposed dining deck. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on odor, dust, smoke, and other factors on the environment. However, staff believes that the improper use of the proposed outdoor dining deck may have negative effects of noise on the environment of the Commercial Core 1 district. Copies of complaints from the Vail Police Department Christiania Lodge have been attached for reference (see Attachments E and F). 17 The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone 40 district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends approval with conditions for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 7B-4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Staff's recommendation is based upon the review of the criteria in Section Vill of this memorandum and the evidence presented, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 (CC1) District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. • 10 2, The applicant shall receive express written approval for this proposal from all effected utility providers; and the applicant shall submit said documentation to the Town of Vail Department of Community Development prior to final design review approval. 3. The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end no later than 10:00 PM daily. 4. Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 5. The use of the outdoor dining deck shall comply with the provisions of Section 5- 1-7 (Noise Prohibited), Vail Town Code. Failure to complywith these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. 6. Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. 7. Any signage associated with or displayed upon the outdoor dining deck shall comply with the provisions of Title 11(Sign Regulations), Vail Town Code. Ol Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. X. ATTACHMENTS A. Vicinity Map B. Applicant's letter of request C. Architectural plans D. Applicant's letter addressing design alternatives E. Vail Police Department noise complaints F. Christiania at Vail guest complaints 0 11 Attachment: B Variance Request Deck Addition The Vista Bahn Building has been, and continues to be, a key element in the fabric of the community center of Vail. It was a commitment by the owners of the Vista Bahn Building to upgrade and improve the interior as well as the exterior of the structure upon purchase. The first priority was to complete major interior upgrades and duality improvements. The second and already accomplished priority was to improve the appearance of the building exterior. The approved deck was to be built last year but was not done due to cash flow considerations. Positive benefits to the public were demonstrated with that approved application. To summarize the discussion of the hearing on the original application, the following were the main points: 1. The benefits of allowing the addition outweighed any potential negative impacts of the improvements. 2. The proposed use met key Master Plan goals. 3. improvements to existing structures are strongly encouraged. 4. Concentration of tourist services should occur in the CC Zone District 5. A hardship clearly exists due to the lack of alternatives for provision of out side dining space. 6. The space below the new deck is, for the most part, paved so very little new impervious surface will be added. The planned improvements in this new application are identical to the previous one. Not only are the conditions essentially the same the need has intensified. More services for the guests of the resort are desired. And this is the appropriate location. No negative impacts are anticipated. In this area other restaurants offer outside seating_ This is a very popular service. Additionally this is an area where the Master Plan encourages these uses. • tr , - .1 ") " ", 6 , rKl (r ?%Mv I'M Attachment: C .4 z g ; W Room nm ' T. 71-0 OU o � ?." S t +, ., fNi'r - {� �' �,`as'�yY`ud, r t ,q - . I �^; \r.. r �rA� s n� ' r a lt a d �� i "'+ M. -? t T i i,�� ":�.� t � - ��e �+•� r y � w- P a< 'k'ti x t �.ti sS rr. Y � .,.t AJO • M-5 . . . . . . . . . . . . . . . -.V 6= M au • 7 ? � . ; _ � fit." •� ' .'. � ` r� 'I . �. l - 1 I __ I- 1 I! ti — 1 - -- TV - I 1 1 I ' .. � +'i — ;' . .,T � I I —r. _ _ '_:+ := 7 t "'—. . rt 7J- _ _ — — r I x Y I � 'tt +! d . � �� t.J = %5 x y ^r(bf .'• 1 I Y I ' • ..p`+k�r d.: �� ° i` � "7'- .l ,- ��_ jam:' UN ` 4 I i A ! ! ! '.., -'.1 1. ' :t•' - ;14� • } i f . n A ? y F } =S9 1. +. !, ♦ya - - �} Y t. t � ef.._, y ��• , S �� ..{n: ~ZR Y SRS x:. r'" >. 's;w , ,'4_i•• L _.-t•:a' + t c ,i 4 +rs• ' •. < -r. .. . iK:'b. R .� .. _ , sw •{ l` .-ia w . .. . - .. _r .,.s•, n.. .r �. ¢s . :a.,. w, a3�w L-1 L a9V 7 - ra n 71dn Y '99ti .ti • 0 � •I en �39V 'TIVA E Ell. E ---- IL Pil Lit Jill It W h it Ile MIR H IN GIN AU- MAY IQ 6.2233 3 :06PM Vlanning services, inn. May 6, 2003 Via Fax #479 -2452 Mr. Bill Gibson Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 RE, The Vista. Bahn Conditional Use Permit Dear Bill: Attachment: E As the Planting and Environmental Commission requested, we have researched issues related to the suggested option of moving the public stairway at the South side of the Vista Babn Building. Both physical and financial impacts have been analyzed. On Monday, May 5h, I met on site with two representatives of Holy Cross Electric for a thorough review. There was immediate concern stated by them, as existing access to the transformer is extremely difficult, The goal of Holy Cross is to have access by large vehicles when necessary. This includes cranes to remove and replace the existing transformer as may be needed. Mill Creels, existing buildings and large trees contribute to the high degree of difficult access currcntly. While the new deck would not exacerbate that condition, there remains concem by Holy Cross. The basic response appeared to be that the deck, as currently designed would not further affect the transformer, The design also avoids impacts on the large junction box that is located near the transformer. These are major and critical electrical devises for a large part of this section of Vail. Holy Cross is very opposed to any change, which may affect these facilities. Based on the underground extensions from this device, there is a very considerable wire complex buried at this site. No precise dxawings are available, however, The stone faced concrete retaining wall which is located on Town of Vail property east of the building would probably not meet standards of the current stream setback regulations, Ins location essentially eliminates the possibility of both an access at ground level to the steps that lead to the base of the mountain and a parallel set of steps leading to the bike and pedestrian path. The area is just too narrow unless the stream setback regulations are violated, box 947 - eagle, co 81531 - 970.328.6299 - fax 970,328.6254 ITS@Vail.net MAY. 6.2003 3 :OGPM NO. 129 P.2 /2 An important and complex telephone operation device is also loc$ted hero. It is a . significant unlmowm matter of the extent of buried cables, etc. here. The current proposed design of the deck avoids all of these issues, That was a significant design factor in the initial derision by both the building owner and the To "Arn of Vail, As noted above, there remain some unknown items, particularly the exact arrangement and location of the underground wiring. Without estimating the cost of the unknown items, removing the existing stone and concrete wall, removing three trees and replacing the wall fvnher to the East and closer to Mill Creels, adding a new set of stairs, and adding landscaping and trees to replace those lost, is in the ;80,000- $100,000 ramie. This is considerably more than the cost of the proposed deck. The matter of moving closer to the stream was not discussed in much detail. At the previous hearings, in 2000, this was highly discouraged, thus resulting in the previously approved and current proposed. design. I hope this has been of assistance in your consideration. Please call me at your convenience to discuss further. 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Do you feel that checking in at the Front desk was easy? N 4. Was the front desk agent helpful? 6� N 5. Vlhat is your unit number? p _ 6. Are you satis-fled with your unit? if no, please explain. � N 7. r leas_ Tate "A"- T" ("A" being the best). 4 & Please rate the hou sekeeping serv 9. Please rate the cverall service of the Lodge. 10. Does any member of our staff stand out? Please sate their narne and why. 11. Would you stay in this particulate unit again? N 12. Would you sta at another unit owned or managed by the Chdstian;229 N 13, Do you 'rave any further comment,, /mplaints or suacesions? 40 INTO WKWOVIST Z OAK f Thank you and enjoy your stay!►! 0 VI/o/ 1 801A-A vow i d4L.- �- Atlu- 4 1f- 14 lev u C4.d ( C 26ol ;A�o /� cm / c z/ 6 - I fio � IVA 4WJI �J- 4 �21 • opl/11 11U4 J y � • I I M PACT Personal - Spiritual Empowerniett September To the Town of Vail 1. Dig Winston, III My name is Dix 'Winston. I have been corning to Vail for business and pleasure for over 15 President years. You have a wonderful town, as well as a world class ski area. The lodgings and restaurants are unsurpassed in excellencies and delicacies. BOARD or DIRECTORS But it is with great regret that I will now have to start considering other mountain venues for Jim Burke both business and pleasure. Pe1ru- Scarce For the past six years my family has spent Labor Day Weekend in Vail. It is a yearly highlight Rand4UClark eagerly anticipated by us all. Also for the past six years I have conducted a men's retreat averaging 30- Cherckm Inn iumenr Wtn% 40 men on the weekend following Labor Day_ It has been our great pleasure to stay at the Christiana • Dr. Jobn lrearrrn Ph-ioan Lodge for both weekends. The Christiana is such a special place, quaint and "non- chaniney ", and up until the last two years it has been quiet and restful. One of the things my wife and I looked forward to Bob Pomeroy Holland g Han each year is opening the window and being lulled to sleep by the soothing sounds of the creek behind Byrne Parley the Christiana. Boner Cammman The past two years have not been as enjoyable or as restful due to the non stop evening noise BOARD of REFERENCE from the Tap Room. Over Labor Day, even with the windows closed, my wife had difficulty finding a,Jlm DLyon. sleep. The booming bass, drunken howlers and crass cacophony went on well past midnight. The Chem HIS CammuniM1 Church Men's weekend of the 7 -4 was no different. It was only with a fan running in the room, windows Hank flanegr"ff closed, and ear plugs firmly in place that I was able to sleep. CW, "eihle Nru•zr SSan - " I was not the only one disturbed by the aforementioned establishment. Many of the men SfPr,W y reported difficulty sleeping due to the dissonant din from the Tap Room. nokRido This situation needs to be addressed. Their freedom to disturb should stop at my freedom to • ,Hike J1cGelrirk Mc6vvickGolfSchuols sleep undisturbed. I would like to continue bringing my family and my business associates to Vail. But not if Dr. ram ffeflnn Grecn%nW CommuNnY Church this noxious noise continues unabated. Sincerely Yours, D. , h I. Dix Winston, III President IMPACT! • 54-4; nTC Pid way • Suite 900 • En;lcwtiod. CO • $01 t I • 303- 7 0 - 2848 • Fae: 303. 7 719270 • E -NUI: eoimpan C- AOL.COM NAT'L EXCELLENCE IN EDUCATION A ,95'N. YY. e (NE Peopl of the Book Cartel r melsways@ juno.coui 167 8. ADAMS DENVER - -- - -- _ .__ _ CO S021D S urvev 1 0 ,� 1. D ou making your reserva ion as�easy? \ 2. Did you have any pr frnding he Christia ia? 1 1-o d � s Yd "( r JJ f )r- 3. D u o you feel that checking in a the Front desk w s easy? J tv"�. 4. Was the front desk agent helpful? 5. What is your unit number? -3 3 Are you satisf I ' C'� 7. Please rate your unit, "A "- °Fn ("A" being the best) 8. Please rate the housek �g service. Y 4. 1 Y N -A4 9. Please rate the overall service of the Lodge. (j + 10. Does any member of our staff t nd out? Pie se state their name and why. f-t i .r, ► wh `i UCH- . LO ..� 11. Would you stay in this particular unit again? rr % '00 a � 12. Would you stay at another unit owned or managed by the Chr €stiania ? 1\ VkL D d or �' fi l v . 4 l `r�l ok 13. Do you have any further comments, complaints or suggestions? ✓1 �'►'} f a f t - dk- GG- ► vu� t/v U . vvz at Thank you and enjoy you st ylll l �;, - ,y wr ' r ✓1 V 66 r V L. V V) 1 '* (94 E/V EM- 54A67-4 1E IAI T 1) lfe�V • • 1 - - //- 0 rI - VL - CrG ✓'Z av to VVL Ft . h Lo - 2- cx----.� 2-- . 102% J uuest Services Survd'v Date. 5R -'7 — r)�1 — 1. Do you feel making your reservation was easy? N 2. Did you have any problems finding the Christiania? Y 3. Do you feel that checking in at the Front desk was easy? Y N 4. Was the front desk agent helpful? N 5. What is your unit number? 6. Are you satisfied with your unit? If no, please explain. Y h — T71 JtiJ r^) f s _ !.� t t. : r' f 7' t - T7 � 4 r✓ r3 c 7. Please rate your unit, °A "- "F" ( tieing the best). __. F 8. Please rate t,ie i ot-ase "eeping service. c Please rote. ine ovprafl service of tine Lodge. M 9 10. Does an • :member of our staff stan=d out? Please state their name a,,nd why. 1l- 's�••� Cr ° ,� !".!• —P,t ! .} F,r! r c. 'y �. °1 [7 /'•' �,• !, , �--e !'1 ¢.'~� : '�r 11. Would you stay in this particular unit again? Y ', 12. Would you stay at another unit owned or managed by the Christiania? N 13. Do you have any further comments, complaints or suggestions? '� J'J e `- ." ±1 C ( k f :�' I) r-'1el :14 0- Me sv=- -. f s .M"Atr t•..�c !�c, r c ? r 4�7i�a,c,or�•,. ,> 1,r /A [.L I ��t, r� -- � .. Thank you and enjoy your stay!!! Zoo 2- 2- o kc, 6-7 4t,.,2 oYn c,, -YZC.t, (z 0 Lco 04 CL ow 'k Tt. AAR� 01 e(!A c(AL 6 ,1 f � y �� �,,Y �i'�r:�d7-? 'I? .e�- �.'l.A- tii L.(/J � �p'N�,e i.. L A 4" CJ?A e- � , P LIP lstuf I F- J ' Sr ,eFCT.; • - T 6 'o js F�O&t - 77/6 LUIL DIME 1)6k Docp- 1rLcP !1S 1*W 'KE rJilL �C/:IvsT 7 /I Dll2{: jp&ir} R r�R�C �'vf- 2urrrTv / A/ Psr - ,�'r ilCli vole (c W f fr`E C' 11IE3 i.S"E l ► 1 lit, 'C W� It l+`la U� f' 1`J L P,� Tr4 f ° f 4- w -To 6ovclQjl i,'P o7'liCM you -rly X I AC (,( 614 -,� PXW"t 'VE yr flilex l'xc ^r:JrC� N. V /i730 6 1 6111, C) c— 1�r� �'� (�1 ��+�? ��� D��,P Tt /E Lc��rt� �1C��S� h'N� Plc'o �u T✓ c,4^l�.'F ' Sr ,eFCT.; • - T 6 'o js F�O&t - 77/6 LUIL DIME 1)6k Docp- 1rLcP !1S 1*W 'KE rJilL �C/:IvsT 7 /I Dll2{: jp&ir} R r�R�C �'vf- 2urrrTv / A/ Psr - ,�'r ilCli vole (c W f fr`E C' 11IE3 i.S"E l ► 1 lit, 'C W� It l+`la U� f' 1`J L P,� Tr4 f ° f 4- w -To 6ovclQjl i,'P o7'liCM you -rly X I AC (,( 614 -,� PXW"t 'VE yr flilex l'xc ^r:JrC� N. V /i730 6 1 6111, C) c— f • Ld c l Z"M Date. H `G7N 1. Do you feel making your reservation was easy? G N Y 0 C N ON 2. Did you have any Problems finding the Christiania? 3. Do you feel that checking in at the Front desk was easy? 4. Was the front desk agent helpful? 5. What is your unit number? fi. Are -o satisfiGU viit� r your u nit? If no, please explain. .ado ON 7. Please rate your unit. "A "- "F" ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. ~, 10. Does any member of our staff stand out? Please state th �r name and why. �./ rt• '' I //r t . .In 11. Would you stay in this Particular unit again? N 12. Would you stay at another unit owned or managed by the ChristianiaN 13. Do you have any further comments, complaints or suggestions? r f r 9 � 61v P P C. 0 � aff 16 -5 65 � ;�;1� � `� ,t ry / - � - ,� r Y ,. �-E' `L- t{' ...��:� cam,--• �- Z•'-� '� � 4 i' f v �' a s (C) • C F 144 IJ r At o- IN 6e-1 0 0 M , slit i n 0 A, /0-f 0 AAA r 1-� W� 1 c+ — rJ f iGue ices Su rvev Date.- 3 4 b ] CO Z- 1. Do you feel making your reservation was easy? N 2. Did you have any problems finding the Christiania? N VY Wi �'iw 3. Do you feel that checking in at the Front desk was easy? N l F. a� •+u . 4. Was the front desk agent helpful? N 5. What is your unit number? 3v% 6. Are you satisfied with your unit? If no, please explain. Y N \*I 4 o %' st. 7. Please rate your unit, u „_ "F” ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. fit 14. Does any member of our staff stand out? Please state their name and why. 11. Would you stay in this particular unit again? Yai>� a� 12. Would you stay at another unit owned or managed by the Christiania N � Cam'' 13. Do you have any further comments, complaints or suggestions? Thank you and enjoy your stayll! I e l l , cl • " 17 zJ Ue-- rz /* A X/ c 7 9 L: �j J ' 7 • Guest Services S urv ey Date: ;� — . -4:52 2-- 1. Do you feel making your reservation was easy? ,D N 2. Did you have any problems finding the Christiania? Y 3. Do you feel that checking in at the Front desk was easy? Y N 4. Was the front desk agent helpful? '5-Y N 5. What is your unit number? e-2— & Are yo satisfi with your unit? If no please explain. N . 7. Please rate your unit, "A "- °F" ( "A" being the best). A 8. Please rate the housekeeping service. 0 K 9. Please rate the overall service of the Lodge. I 10. Does any member of our staff stand out? Please state their name and why. r 11. Would you stay in this particular unit again? Y 12. Would you stay at another unit owned or managed by the Christiania ?o N 13. Do you have any further comments, complaints or suggestions? C,' v fit f A o r2-- / (- IS )-I-- k' P- 7?Y l L //0 J,',2. C�� +Z � ry �.. r ✓ t S Syr �`- ��G+r..x.,��: <Fa.,�, �a ,,� .� -�. ��r .v�,� c..�a s S ?Yae,- r `�,�� Thank you and enjoy your stay!II Maass, Brian Modified: Wed 1/15/03 6.46 PM 1/14/03 John Everly General Manager Christiana at Vail 356 East Hanson Ranch Road Vail, Co. 81657 Dear Mr. Everly - Thanks for taking the time to read my letter. I hope it is of some benefit to you and the Christiana. A couple of winter seasons ago, me and my wife rented a unit at the Bridge Street Lodge through the Christiana. It was very nice and we had a terrific weekend. So when we were headed to Vail again last weekend(January 10th and 11th) we contacted the Christiana. I believe I may have called on Thursday, January 9th. I spoke to two different reservations people during the of Unfortunately I don't remember their names, but I think one may have been Christine. • Whomever I spoke to told us they had one room left at the Christiana, a garden view at a reasonable price. I specifically asked questions about the view and whether it was noisy, as I am a very light sleeper. The reservations person also mentioned a unit available at the Bridge Street Lodge( #304). 0 There were rooms available at other pPcces(Marriott etc.) and for less money. But of ter talking it over with my wife, we called back and got a different reservations person. We took the Bridge Street room due to our previous good experience there. No one mentioned anything about any noise problems in the building. Mr. Everly, #304 was a perfectly lovely studio. However neither one of your reservations people mentioned to us that there was a new disco in the some building- I believe it is called The Top Room. The hideously loud music began both Friday and Saturday evenings continuing until approximately 2a.m. The thumping, vibrations and revelers were unbearable and kept us awake all night, both nights. Saturday night my wife, Erica, actually retreated to the bathroom and slept on the floor , to get away from the noise. Thots how bad it was. I believe unit #304 may be the unit in the building closest to the disco. When we checked out Sunday morning, sleepless and grouchy, the young lady at the Christiana desk was sympathetic and understanding. She told us The Tap Room had opened recently, and that Christiana reservations people are acutely aware of the issue. In fact, she said they are supposed to tell prospective guests about this noise issue. We had been told nothing, and thats not right, nor fair. We're disappointed that your people made no mention of the new disco and the noise. If they had, we would have ei t her stayed at the Christiana, or made other arrangements. Obviously, we won't stay at the Bridge Street Lodge again, and we will advise friends going to Vail of the problems we encountered, and where they should not stay. I hope that as a matter of good business you make it a rule to have your employees disclose this issue to prospective Bridge Street Lodge guests in the future_ Anything less would be misleading and deceptive. 1 TO 970- 476 -0470 FROM 4954.017 18MAR03 1749EST 72737155 PAGE I OF I • & 40&% TRIPS AWAY TRAVEL INC. I3 Jay Str"t a Tcnaffy, NJ 07670 m (201)569-1812 m FAX (201) 569 -8216 • • A T T E N T I O N CHRISTIANIA ATTENT I ON CBRISTI:tTEE PER OUR TELEPHONE CONVERSATION I WOULD LIKE TO FILE TWO COMPLAINTS FOR MY CLIENTS JONATHAN BERNSTEIN MAROBS -12 4 NIGHTS AT BRIDGE STREET LODGE IN A STUDIO SAID IT WAS SO NOISY HE HAD TO MOVE WHICH LUCKILY WAS AVAILABLE STUART SILBERSTEIN MARCH 12 -16 BRIDGE STREET LODGE ALSO A STUDIO HAD MANY COMPLAINTS MOSTLY HOWEVER THE NOISE HE COULD NOT BE MOVED I HAYED BOOKED VARIOUS STUDIOS AND CONDOS WITH YOU OVER THE YEARS AND WE HAVE A VERY GOOD WORKING RELATIONSHIP BUT I WILL NOT BE ABLE TO BOOK THOSE UNITS ANYMORE THANK YOU RCBERTA WEISS TRIPS AWAY TRAVEL 1 05/08/2904 11 :17 2626394431 ROBERT BISSEGGER RAGE 02 corm +. rw & RESTORATZVF DENUSTRY FOR Y011H FAMILY 3801 WASHING SHINGTON AVFNUF, RACINF, H1Iti(:tTN. IN 5.U4)5 - P14ONF 262 - 61."231 April 28, 2003 Re: Proposed Deck Addition to the Tap Room Dcar Mr.Gibson, 1 am an owner of a condominium in the Bridge Street Lodge ( Unit 302). The unit is on the northeast corner directly adjacent to the Vista Bahn Building. 1 have the following concerns regarding the proposed addition to the Tap Room deck. From my balcony I will directly overlook the addition. It is a matter of only a few Ceet from my property and would directly obstruct my view of the adjacent Creek. * The deck would have the effect of turning the residential mountain setting, and the entire Mill Creek Circle Area into a commercial setting. My family and the guests who rent my unit appreciate the sense of serenity that the unit offers. The addition of this deck would severely detract from the environment. Additional noise in a primarily residential environment. This is being billed as a "dining" deck. it is my understanding, from speaking to Mr. Terrill Knight, that only light food will be nerved and the deck will be primarily used for alcohol consumption. I have already, on sevcral occasions, had guests ask to be relocated from my condominium due to excess noise corning from the Vista Bahn Building. Additional noise would only exacerbate the problem. Approving this heck will downgrade the entire residential community surrounding it. 1 strongly oppose approval of the project. My views represent my brother Peter Bissegger, and my father Arnold Bissegger, who collectively own four additional units in the Bridge Strcct bodge, Sincer ABissegger, Robert D. . • • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 12, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc., represented by Greg Amsden Planner: Bill Gibson SUMMARY The applicant, AMS Development, Inc., represented by Greg Amsden is requesting text amendments to Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type 11 EHU requirements. The purpose of this meeting is for the Planning and Environmental Commission to hold a worksession to discuss revisions that the applicant has made to the proposed text amendments to address the comments and concerns expressed by the Planning and Environmental Commission at its April 28, 2003, public hearing. At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, June 9, 2003. II. DESC RIPTIO N OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Section 12 -13- 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. Based upon discussions from the Planning and Environmental Commission's April 14 and April 28, 2003, public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The applicant is now proposing two amendments to the Town's Type II EHU requirements: 1) to allow Type II EHUs to be sold or transferred separately and 2) to amend the maximum gross residential floor area (GRFA) limit from 1,200 sq. ft. to 25% of the total allowable GRFA for the site with a maximum of 1,500 sq. ft. The specific proposed text amendments are as follows: (deletions are shown in s ,fie }� �h Gu gl4 /additions are shown bold) 0 w CL w Z F � V z O w w d IL W m cn z w w w CV :7 • • En t6 w Cco� a) 0 Q (D m C3 p a) 7 C O- 0 0 < O Q 0 up p O S V N V E_�•. (XD m u, O N tu e� � �� E.- G ��N pQ 00 N L E+•� H V/ E d 3- W - C N t0 C E CC m K? M o _ ° E t ii O 7 �s t�n E N C O En a) C ca ca C_ L 'O i m EL cu N w _ L �• � W cn to to In t6 Lo C:) °o N C d) 1' O O N t t C Rf L tJ 7 O] Q t C31 •� @a 43 tm •c m .�_ E (n 7 ft1 dj �c`� �'c o t�n E co _ _ooh CL U w y O 7 (� Q CD O N U O m m QU J � O O W C ll 4 C W w .a LL 'C3 a) 'E T3 to Qi7 ��� E t A y G A .�. ca w G ca fl i 7+'u' N U? 22 m C C lC O G N r (D to d G y L W O E L t`3 h L W Q- Q N O t0 L M t2 O N N O N 0« 0 I- 4 G7 L N G 7 fl. O }- G C O L O. G G O U i C C GS CO m t6 O Q w m u m, w LU F- m m m 10 .� w N 3 0 L to C: C N O to � p � o .T a) {6 ip N ; N L) C '� 7-. C) � � c �E Ec a) O a) " V) N a D O G N co a) .G U) Q U 0 Cr- u_if CL 0 z a) a cu }- :7 • • 0 III. BAC KGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. Type II EHUs are allowed as a conditional use on properties with conforming lots sizes in the Single - Family Residential (SFR), Two - f=amily Residential (R), Two - Family Primary/Secondary Residential (P /S), and Agriculture and Open Space (A) districts, which account for approximately 788 lots within the Town of Vail. Since 1994 the Town of Vail has approved more than 20 Type 11 EHUs on these properties. The Planning and Environmental Commission reviewed and discussed this proposal at its April 14, 2003, and April 28, 2003, public hearings. Based upon discussions from these previous public hearings, the applicant has revised the proposed text amendment application (see Attachment A). The principal issues related to these proposed text amendments remaining to be resolved include: • conformance with the residential density requirements of the zoning regulations and land use plan • architectural design of EHUs • appropriate number of garage spaces • effect on existing EHUs • allowing EHUs as a permitted use or conditional use IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval /approval with conditions /denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve 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; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. 3 Design Review Board: 40 Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. Tnwn ( mril 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approvallapproval with conditions /denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve 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; and I The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Type II EHUs are allowed as conditional uses in the Single - Family Residential, Two - Family Residential, Two - Family Primary /Secondary Residential, and Agriculture and Open Space Districts, L J 4 Town of Vail Zoning Regulations (Tit 12, Vail Town Code) Chapter 12 -1: Title, Purpose and Applicability (in part) 12 -1 -2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Article 12 -613: Single- Family Residential (SFR) district (in part) 12 -68 -1: PURPOSE. The single- family residential district is intended to provide sites for low density single- family residential uses, together with such public facilities as may be appropriately located in the same district. The single - family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family occupancy, and to maintain the desirable residential qualities of such'sites by establishing appropriate site development standards. Article 12 -6C: Two- Family Residential (R) district (in part) 12 -6C -1: PURPOSE: The two- family residential district is intended to provide sites for low density single family or two- family residential uses, together with such public facilities as may be appropriately located in the same district The two - family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards.. Article 12 -6D: Two - Family Primary /Secondary Residential (PIS) district (in part) 12 -6D -1: PURPOSE. The two- family primary/secondary residential district is intended to provide sites for single - family residential uses or two- family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two - family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -8A: Agriculture and Open Space (A) district (in part) 12 -8A -1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural 5 and open space objectives. Parks, schools, and certain types of private 40 recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District Chapter 12 -13: Employee Housing (in part) 12 -13 -1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year -round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12 -2: Definitions (in part) EMPLOYEE HOUSING UNiT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Vail Land Use Plan Chapter// — Land Use Plan Coals/Policies 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing development areas (infill areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Chapter VI — Proposed Land Use LDR Low Density Residential. This category includes single- family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional /public uses permitted would include churches, fire stations, and parks and open space related facilities. OS Open Space: Passive recreation areas such as greenbelts, stream corridors and drainageways are the types of areas in this category. Hillside which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional /public uses_ VI, CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12 -3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideratio of Factors Regardinq the Text Amendment 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, A Type II EHU is an allowed use within the Single- Family Residential (SFR), Two- Family Residential (R), Two - Family Primary /Secondary Residential (P /S), and Agriculture and Open Space (A) zone districts. The purpose of each of these zone districts is noted above in Section V of this memorandum. A purpose of each of these zone districts is to accommodate "low density" residential uses such as single - family and/or two- family residential dwelling units. Currently the provisions of Section 12 -13 -4, Requirements by Employee !-lousing Unit (EHU) Type, Vail Town Code, specifically allow a Type 11 EHUs as a third dwelling unit on a property and exclude a Type II EHUs from counting as density in these zone districts, since Type II EHUs are currently intended to function as a "caretaker" type apartment that is subordinate and accessory to a principle residential dwelling unit. Staff believes that these proposed text amendments 7 may alter the existing subordinate or accessory nature of Type II EHUs and 40 elevate these units to a principle use of a property. Staff does believe that the revised text amendments are more consistent with the goals or objectives of the Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary Residential (PIS), and Agriculture and Open Space (A) zone districts than the applicant's subsequent text amendments proposal. 2. The extent to which the text amendment would better implement and better achieve 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; and, Staff believes that the proposed text amendments specifically conform to the goals 1.1, 1.3, 1.12, 5.1, 5.3, 5.4, and 5.5 of the Vail Land Use Plan, as noted in Section V of this memorandum. However, a Type II EHU is an allowed use within the Single- Family Residential (SFR), Two - Family Residential (R), and Two - Family Primary/Secondary Residential (P /S) zone districts. Properties located within these zone districts are typically designated as Low Density Residential (LDR) by the Land Use Plan. A Type II EHU is also an allowed use within the Agriculture and Open Space (A) zone district, and properties within this district are typically designated as Open Space (OS) by the Land Use Plan. Staff believes that the proposed text amendments may alter the nature, intent, and character of Type II EHUs. Staff believes that these proposed text amendments may alter the existing subordinate or accessory nature of Type II EHUs and elevate these units to a principle use of a property. Staff believes that the proposed text amendments may convert Type II EHUs into a third dwelling unit and density for zoning purposes; which result in a "medium density" residential development rather than the "low density" residential development intended by the Town's current regulations. The Vail Land Use Plan describes the "Low Density Residential" land use designation as residential development "typically not to exceed 3 structures per buildable acre" and the Open Space designation as recreation areas, agricultural uses, and limited residential development "such as one unit per 35 acres." Currently a lot within the Single- Family (SFR) Residential zone district meeting the minimum required lot size of 12,500 sq. ft. is permitted a residential density of approximately 3.5 units per acre. The addition of a Type li EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 7 units per acre. Similarly a lot within the Two - Family Residential (R) or Two - Family Primary/Secondary Residential (PIS) zone districts meeting the minimum required lot size of 15,000 sq. ft. is permitted a residential density of approximately 5.8 units per acre, and the addition of a Type II EHU functioning as a principle dwelling unit on the lot will increase the residential density of this property to approximately 8.7 units per acre. Staff does not 49 believe that these increased residential densities are in conformance with the objectives of the "Low Density Residential" and "Open Space" land use designations. 8 Staff believe that the revised text amendments better implement and better achieve the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, than the applicant's subsequent text amendments proposal. Also, staff believes the revised text amendments are more compatible with the development objectives of the Town than the applicant's subsequent text amendments proposal. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff does not believe that conditions have changed substantially since the adoption of Section 12 -13 -4, Vail Town Code; that Section 12 -13-4, Vail Town Code, is no longer appropriate, nor that Section 12 -13 -4, Vail Town Code, is inapplicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff believes that the proposed text amendments may alter the nature, intent, and character of Type II EHUs in such a manner that does not provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. However, again staff believes that the revised text amendments more closely meet these criteria than the applicant's subsequent text amendments proposal. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings b efore forwarding a recommendation of approval for of a text amendment: That the amendment is consistent with 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; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. • 0 VII. S TAFF RECOMMENDATION At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. Therefore, the Community Development Department does not recommend that the Planning and Environmental Commission make a recommendation to the Town Council at this time for the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, June 0, 2001 Vlll. ATTACHMENTS A. Applicant's revised Letter of Request • Mil MAY -08 -2003 11:12 FRDM:RMSDEN DAUIS &FOWLER 9704768637 70.970479245 Attachment: A A.IV.[S Development, Inc. 500 S. Frontage Road Fa3s[ Sw. 112 Vai], (10. 81657 May 8, 2003 Town or Vail Dept. of Community Dcvelopment 75 South Frontage Road Vail, CO. 81657 F,E: Application for Text Amendment to Chapter 12 -13 -4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Tyne 11 FN[7 • • 1. Ownership/Transference Add the following language: "The EHU may he sold or transferred as a separate unit on the property ,vub ject to approval of a conditional use permit by the Planning and Envirotirnental Commission. The EHU, if approved for resale, shall be both physically and aesthetically integrated into th.e primary- secondary structure under consideration'. Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to construct additionaI EHU's within the Town of Vail. 'Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 14,000 square feet. 2. Garage/Storage Requirement Withdraw text amendment request. 3. Maximum GRFA Amend the maximum GRFA requirement for Type II EHLT's as follows: "25% of the swn of the total GRFA, and credits allowed for the site, but under no circumstance shall the size of the EHU exceed 1,500 sgft . " Vodcc (970 )-479 -43;:7 a?riKCltn+ il.net Fax (970)479-5278 MRS' -08 -2003 11:12 FROM:RMSDEN DRVIS &FOWLER 9704768637 TO:9704792452 P.3'4 Purpose Diversify occupant the type in Vail's employee housing base. Larger unit P yP size lends itself to more permanent occupancy. There is no current local's housing that addresses middle- income professionals (,salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local. economy. Many local professionals desire to live in the Town of Vail, but much of the free - market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The 1,500 sq.ft. maximum would allow for a large 2- bedroom or moderate sized 3- bedroom floor plan. `f hank you for your time and consideration. Sitce*ly, Arnsden, President 0 MAY -08 -2083 11:12 FROM:RMSDEN DRUIS &FOWLER 9704768637 T0:9704792452 P.4/4 x � 44 s CD a go Go VA HQ •- o wl w kn W� C a Pt �. W) oo tn vo tn on kn ors tn vc ° a + + + + + F� Q o ni G ►n to u tn C Q ' tA air u� u7 d1 �'t O 'µr �'� CA G O CA +� Ci • 4F � d, at� • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2003 SUBJECT: A request for an amendment to an approved development plan in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 638 Vail Valley Drive / Tract B, Vail Village 7'" Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs SUMMARY The applicant, Ski Club Vail, represented by Pam Hopkins, is requesting an amendment to an approved development plan in the Ski Base Recreation zone district, in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for modifications to the site plan and landscaping plan. Staff is recommending approval with conditions of the proposed amendment, subject to the findings and criteria as noted in Section VIII of this memorandum. ]I. DESCRIPTION OF THE REQUEST The applicant, Ski Club Vail, represented by Pam Hopkins, is requesting an amendment to an approved development plan in the Ski Base Recreation zone district, to allow for driveway and parking modifications. In the Ski Base Recreation zone district, a development plan is reviewed and approved by the Planning and Environmental Commission. Any subsequent amendments are considered in accordance with Section 12- 9A -10, Amendment Procedures, Vail Town Code. Ski Club Vail is requesting this amendment due, in part, to the Vail Valley Drive streetscape improvements that are scheduled to begin construction on May 19, 2003. The proposed streetscape improvements will eliminate the on- street loading area that Ski Club Vail has been using as part of a previous variance approval. The proposed driveway and parking modification includes the construction of a new driveway and nine parking spaces. Reductions of the plans have been attached for reference (Attachment A). The current paved driveway area of Ski Club Vail is approximately 2,376 sq. ft. As proposed, the paved driveway area is approximately 9,492 sq. ft. III. BACKGROUND On August 26, 1976, the Planning and Environmental Commission approved a conditional use permit for the construction and operation of Ski Club Vail. At that time, the Planning and Environmental Commission did not require any parking and stated "...we feel additional parking in this location is not appropriate." Ski Club served approximately 75 users in 1976; today the facility serves over 300. On March 24, 1986, the Planning and Environmental Commission granted a variance for the use of the front setback area/right-of-way as a loading and unloading zone for a one -year period. The approval was conditioned on Ski Club Vail "s willingness to sign and enforce this "drop -off" zone. At that time, Ski Club Vail leased additional parking spaces from the Ramshorn Condominium Association. This lease agreement is no longer in effect. After the one -year Planning and Environmental Commission approval expired, additional approvals were not requested. In January of 1998, the Town of Vail, Vail Associates and Ski Club Vail drafted a memorandum of understanding regarding parking management for the Golden Peak Ski Base area facilities. Under this memorandum of understanding, the Town Manager agreed to discuss Ski Club Vail's parking situation with the Town Council. At their October 13, 1998 meeting, the Vail Town Council directed Ski Club Vail personnel to bring an application to correct the parking and loading problems on site before the Planning and Environmental Commission for approval. After the Planning and Environmental Commission granted the variance request, the Vail Town Council voted to approve the applicant's use of Town right -of -way for temporary loading and unloading. In November of 1999, both the Planning and Environmental Commission and the Vail Town Council approved an identical variance request (for a two -year period) in anticipation of an approved development plan. In 1999, the Planning and Environmental Commission approved an amendment to the Golden Peak Ski Base development plan and a conditional use permit for a private club to allow for the redevelopment of Ski Club Vail, which included the construction of a new 24,000 sq. ft. facility.. In conjunction with that request, the Town Council approved Ordinance No. 2, Series of 2000, which rezoned Tract B to Ski Base Recreation zone district from Agricultural and Open Space zone district. The Planning and Environmental Commission approved 22 parking spaces, including 7 drop off parking spaces, as part of the redevelopment proposal of Ski Club Vail. No building permit was ever issued for the redevelopment. The Design Review Board approval and the conditional use permit for the private club have lapsed. As a result, Ski Club Vail will need to reapply for a conditional use permit and for Design Review Board approval prior to any construction of the redevelopment proposal. Reductions of the previous approval have been attached for reference (Attachment B). IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission The Planning and Environmental Commission is responsible for final approval or denial of an amendment to an approved development plan in the Ski Base Recreation zone district. The Planning and Environmental Commission is responsible for evaluating a proposal for: - Setbacks - Density - GRFA - Site coverage Landscape area Parking and loading +4 9 - Compliance with the goals and requirements applicable Master Plans In addition, the Planning and Environmental Commission must evaluate a proposal for the following: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. D_ A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. Design Review Board The Design Review Board has no authority on an amendment to an approved development plan in the Ski Base Recreation zone district. However, the Design Review Board is responsible for evaluating the associated design review application for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site, which respects the topography - Removal /Preservation of trees and native vegetation - Adequate provision for snow storage on -site Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site, including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting V. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations, Vail Town Code Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Zoning Regulations, Vail Town). We believe the following code sections are relevant to review of the applicant's request: Section 12 -8D -1: Purpose: 40 The Ski BaselRecreation District is intended to provide for the base facilities necessary to 3 operate the ski mountain and to allow multi - family residential dwellings as a secondary use if Is certain criteria are met. In addition, summer recreational uses and facilities are encouraged to achieve multi - seasonal use of some of the facilities and provide for efficient use of the facilities. Section 12 -8D -6: Development Plan Required: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the ski base /recreation district will meet the intent of the district, a development plan shall be required. Vail Land Use Plan Staff has reviewed the Town of Vail Land Use Plan. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. Staff believes the following goals of the Vail Land Use Plan are applicable to this proposal: Goal 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and permanent resident. Goal 1.3 The quality of development should be maintained and upgraded whenever possible. Goal 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 0 Vail Villaoe Master Plan Staff has reviewed the Vail Village Master Plan. The plan is intended to guide land use decisions in the Vail Village area. Ski Club Vail is addressed in the Vail Village Master Plan under the "Golden Peak Ski Base Sub - Area." The goals for Vail Village are summarized in six major goal statements. Each major goal focuses on a particular aspect of the Village community (promotion of a healthy economy, environmental protection, etc.). Each identified goal is listed below as well as the applicable objectives and policies that are addressed by the Ski Club Vail redevelopment plan. Goal 1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal 2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. • 4 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing facilities to better serve the needs of our guests and permanent residents. Goal To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.4 Objective: Develop additional sidewalks, pedestrian -only walkways and accessible greenspace areas, including pocket parks and stream access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and /or the Recreation Trails Master Plan. Goal 4 To preserve existing open space areas and expand greenspace opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.3 Policy With the exception of ski -base related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Goal Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.4 Objective: Improve the streetscape of circulation corridors throughout the Village_ Goal 6 To ensure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. 5 The specific concepts in the Vail Village Master Plan that address the Golden Peak/Ski Club Vail area serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. The Master Plan recognizes that properties within the sub -area will redevelop and states: "Redevelopment will attract additional traffic and population into this area and may have significant impacts upon portions of Suer -Areas 6 (East Gore Creek) and 7 (East Village)," VI. VII VIII ZONING ANALYSIS The final development plan indicates the following development statistics: Tract F and B, Vail Village Filing 7 Lot Area (Tracts F & B) = 50.095 acres or 2,182,131 Zoning: Ski Base Recreation zone district Allowed /Required Parking Spaces per PEC approval Site Coverage per PEC approval GRFA per PEC approval Height per PEC approval 3 square feet Proposed 9 additional spaces no change no change no change SURROUNDING LAND USES AND ZONING CRITERIA AND FINDINGS_ FOR A DEVELOPMENT PLAN IN SKI BASE RECREATION ZONE DISTRICT Criteria used for development plan evaluation within the Ski Base Recreation zone district are as follows: A. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. It is anticipated the proposed parking and drop -off facilities will positively impact traffic flow along Vail Valley Drive. The addition of the nine parking spaces will eliminate the need for the use of the right -of -way for such purposes. This will be a positive effect to the surrounding residential uses at Manor Vail and Pinos del Norte. In addition, by constructing the driveway modifications at this time, the applicant will also lessen the impact to the Town of Vail streetscape improvements being constructed this summer. Staff believes the site development plan proposed is both functionally and aesthetically responsive to the surrounding neighborhood and uses, and the community as a whole. A Land Use Zoning North Residential High Density Multiple Family South Ski Portal Ski Base Recreation East Residential Special Development District West Ski Portal Ski Base Recreation CRITERIA AND FINDINGS_ FOR A DEVELOPMENT PLAN IN SKI BASE RECREATION ZONE DISTRICT Criteria used for development plan evaluation within the Ski Base Recreation zone district are as follows: A. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. It is anticipated the proposed parking and drop -off facilities will positively impact traffic flow along Vail Valley Drive. The addition of the nine parking spaces will eliminate the need for the use of the right -of -way for such purposes. This will be a positive effect to the surrounding residential uses at Manor Vail and Pinos del Norte. In addition, by constructing the driveway modifications at this time, the applicant will also lessen the impact to the Town of Vail streetscape improvements being constructed this summer. Staff believes the site development plan proposed is both functionally and aesthetically responsive to the surrounding neighborhood and uses, and the community as a whole. A In 1999, the Planning and Environmental Commission and Town Council required that Ski Club Vail be responsible for certain streetscape improvements in conjunction with the redevelopment proposal. At this time, the Town Council has approved the budget for streetscape improvements adjacent to Ski Club Vail. With regards to off -site improvements, Ski Club Vail will be responsible for their improvements from the sidewalk, back to their property line, and all landscaping associated with their improvements. B. Open space and landscaping are both functional and aesthetic, -are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. The proposed site development plan would dramatically increase the amount of landscaping on the property over existing conditions. The Design Review Board has conceptually reviewed the proposal for compliance with the Design Guidelines. The Board stated that additional landscaping should be provided in the benched area between the retaining walls to minimize the appearance of the block walls. The applicant has agreed to this request. Staff believes the functionality and aesthetics of the proposed landscaping and open space are consistent with the objectives outlined in the Town's Streetscape Master Plan and Land Use Plan. C. A pedestrian and vehicular circulation system designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. Ski Club Vail's proposal would not alter the bicycleipedestrian /vehicular circulation system planned and approved as part of the Golden Peak Ski Base redevelopment in 1995. The Golden Peak Management Plan, which includes a component on parking at Ski Club Vail, will continue to be enforced, with no amendments to the plan proposed. The proposed plan is consistent with objectives outlined in the Town's Streetscape Master Plan and Vail Village Master Plan. The construction of the driveway improvements at this time will also minimize the impacts to the sidewalk and street that the Town of Vail will be constructing this summer. As a result, should Ski Club Vail choose to construct their improvements in the future, there will be minimal impacito the existing vehicular and pedestrian circulation along Vail Valley Drive. D. Compliance with the Vail Comprehensive Plan and other applicable plans. Staff believes that the proposed driveway and parking modifications are in compliance with the Vail Comprehensive Plan. Specifically, by providing parking on site, Ski Club Vail will improve the circulation of Vail Valley drive. This summer, the Town of Vail will be completing streetscape improvements to Vail Valley Drive in accordance with the Town of Vail Streetscape Master Plan. The Town of Vail will be completing all aspects of the improvements, including sidewalks, drainage, and roadway improvements. At this time, the Town of Vail is requiring Ski Club Vail to be responsible for all landscaping improvements in conjunction with the driveway construction. • 7 IX. STAFF RECOMMENDATION 0 The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for an amendment to an approved development plan in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive / Tract B, Vail Village 7th Filing. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. 2. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. I Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recreation areas. 4, A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 5. Compliance with the Vail Comprehensive Plan and other applicable plans has been demonstrated by the applicant. The Department of Community Development recommendation is subject to the following conditions: That the applicant shall submit an easement agreement for all improvements located on Vail Resorts property. This easement shall be recorded with the Eagle County Clerk and Recorders office prior to final inspections for all improvements. 2. That the applicant shall submit a revised landscaping plan for review and approval by the Design Review Board, prior to issuance of a building permit. X. ATTACHMENTS A Reductions of Plans B. Reductions of previous approval C. Adjacents • N a TRANSFORMER Attachment: A 1 -23 ® 8203.7 R= 175.00 L =70.45 T =35.71 `\ ^. EDGE OF LC =69.98 8204 ASPHALT C =N 7C 5 l ---/- f / 1 D.5} ( .0) 5) r 1 1 ° 8205.3 0' STONE 04f .4 2 (6) ( (.4 .6 EDGE OF (I'D 5 6 (0.5j ASPHALT (7) (.5 8206.4( PART OF '83 6 STAIR TRACT 6 0.265 AC. 8208.6 0 8219.2 f Sl 82085 J $ . � (0- r (p.7) BUILDING OUTLINE v � prp N 07°3457 8298 90,00 EDGE OF ASPHALT ` ! 218.7 \ 8 8�� ! 8218. + V r s -�- 8219.6 EDGE OF ASPHALT ! � F 9219.4` f � FNO PIN & CAP N 67 W - 155.28 LS {)11204 B230 I.. t IL t a •s r � � �. •� IV X F Lli at—A J t r � ♦ � I � �sf�I+dS 11 � ' ' � �� ,� � �� • 1 r >, r9 tC 1 ` t � \ ' � � I t ,Or.,�,t�xa ��r a. � �� I t � .w - s.J - -,1� - : r �;� o �,.. •+. t ♦ r �,�` '� r �s ! 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Attachment: C �v '�-twc cis( ;Uvin k�� r P4)6d ��Mdo FOX f Fp trx dtM I go • PO Box 3340 • Vail, Colorado 81658 • Phone: 970- 476 -2201 a Fax: 970 -476 -7491 PO Box 3487 Breckenridge, Colorado 80424 • Phone: 970- 547 -0554 • Fax: 970 - 547 -0564 www.snowdonhopkins.com THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on May 12, 2003, at 2 :00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club, a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a fodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code,, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther /Warren Campbell A request for an amendment to an approved development plan in accordance with Section 12- 8D-6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive I Tract B, Vail Village 7th Filing plicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single- Family Residential (SFR), Two - Family Residential (R), Two - Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple- Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road_ The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. 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 additional information. This notice published in the Vail Daily on April 25, 2003. • 1 PLANNING AND ENVIRONMENTAL COMMISSION • Monday, May 12, 2003 PUBLIC MEETING RESULTS PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm Sedimentation & Erosion problem presented by Bill Carlson, Environmental Health Specialist (The need for controls and regulations) — 15 rein. • MEMBERS PRESENT John Schofield Chas Bernhardt Gary Hartman Doug Cahill Erikson Shirley Rollie Kjesbo MEMBERS ABSENT George Lamb Site Visits : 1:00 pm 1. Ski Club Vail — 598 Vail Valley Drive 2. Vista Bahn Building — 333 Hanson Ranch Road 3. Alpenrose — 100 E. Meadow Drive Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Town Council Chambers 2:00 pm 1. A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 713-413, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 5t Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner. Bill Gibson MOTION: Rollie Kjesbo SECOND: Gary Hartman VOTE: 6 -0 TABLED UNTIL, JUNE 9, 2003 2. A request for a final recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6 -0 40 TABLED UNTIL JUNE 9 To Wly OF MIL 3. A request for an amendment to an approved development plan in accordance with Section 12 -8D -6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive 1 Tract B, Vail Village 7th Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6 -0 APPROVED WITH 2 CONDITIONS: 1. That the applicant shall submit an easement agreement for all improvements located on Vail Resorts property. This easement shall be recorded with the Eagle County Clerk and Recorders office prior to final inspections for all improvements. 2. That the applicant shall submit a revised landscaping plan for review and approval by the Design Review Board, prior to issuance of a building permit. 3. That the previously approved variance to allow for loading and parking in the right - of -way has expired. All signage must be removed. No parking shall be allowed on public property. 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell MOTION: Chas Bernhardt SECOND: Rollie Kjesbo VOTE: 6 -0 APPROVED WITH 6 (amended) CONDITIONS: 1. That the applicant submits to the Community Development Department a signed deed - restriction restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 2. That the applicant records re Geiyes approval fro the T ref Vaal of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of vehicular ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) 9F Will Bridge Ro neA car both - The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreeme t shall �GGeptn� by the Tewn 1 V211 in WFitiRg and hall be approved W he PlaRRiR9 _n.l f= P,.4rnrAmeRtaI Gera ic-n enn . . : to-graRtiRq a fi @P Pf - a l of this PFE eGt. The easement agreement shall be recorded by the applicant at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a 2 • 0 building permit for any construction of this project. That the applicant agrees to construct the recommended Town of Vail streetscape improvements to East Meadow Drive to the flow line on the north side of the street and/or the appropriate matchline on the north side of the street as generally depicted on Exhibit C, prepared by Resort Design, dated May 12, 2003. The applicant shall be responsible for funding the cost of the construction of the first one -third (113) of the streetscape improvements as measured from the southerly right -of -way line. The Town of Vail will be responsible for funding the cost of the construction of the remaining two- thirds (2/3) of the streetscape improvements. The applicant agrees to construct the improvements with reimbursements from the Town of Vail. The streetscape improvements shall include a 50 %/50% cost sharing of the required drainage improvements. The applicant shall consult with the Town of Vail Public Works Department regarding the total cost of said improvements and the Town of Vail shall approve said costs, prior to the issuance of a building permit. Compliance with said condition and the utilization of the loading and delivery facility shall offset the applicant's requirement for any financial contribution to the Town of Vail traffic impact fee. 4. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. Full compliance shall be demonstrated prior to the issuance of a temporary certificate of occupancy for the Swiss Chalet, 5. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. Should the proposed text amendment application and /or subsequent conditional use permit not be approved by the Town of Vail, the applicant shall be required to revise the proposed redevelopment plans and reappear before the Town of Vail Planning and Environmental Commission for a final approval of the revised proposal. 6. The applicant agrees to improve the existing stairs at the kayak take out adjacent to the development site. Said improvements shall be initiated by the Town of Vail and the applicant's financial contribution toward said improvements shall not exceed $10,000. Construction of, or reimbursement for, said improvements shall be completed prior to the issuance of a temporary certificate of occupancy for this project. 5. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Meadow Drive /Lot O, Block 5D, Vail Village 1St X Filing. Applicant: Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner_ Matt Genneft 0 MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6 -0 TABLED UNTIL JUNE 9, 2003 6. A request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12- 713-13, Density Control, Zoning regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5 Filing from Public Accommodation zone district (PA) to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation I I zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5 th Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13 -3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel "; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off - street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vail Village 5 th Filing; a request for an exterior alteration or modification, pursuant to Section 12 -78 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12 -21- 10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple - family dwelling 'units on slopes in excess of 40 %; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant; Vail Resorts, represented by Jay Peterson Planner: George Ruther TABLED UNTIL JUNE 9, 2003 7. A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single- Family Residential (SFR), Two - Family Residential (R), Two - Family Primary /Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson TABLED UNTIL JUNE 9, 2003, 8. Approval of April 28, 2003 minutesl 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project pianner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2738 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development. Department 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2003 SUBJECT: A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a request for a final review of a proposed flood plain modification to the Gore Creek flood plain boundary; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1 s " Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther I. SUMMARY At the April 14, 2003, Planning and Environmental Commission public hearing, the Commission approved the SonnenalplSwiss Chalet redevelopment applications with nine (9) conditions. Several of the conditions of approval required that the applicant reappear before the Planning and Environmental Commission for final approval of the applicant's response to the conditions. The purpose of this public hearing is to allow the applicant an opportunity to present their revised plans and responses to the Commission for final approval. The Community Development Department is recommending that the Planning and Environmental Commission approves the applicant's development review applications with five conditions. A more complete description of the five conditions is provided in Section V of this memorandum. The remaining conditions are time sensitive and can not be addressed at this time. IL. DESCRIPTION OF REQUEST At the April 14, 2003, Planning and Environmental Commission public hearing, the Commission approved the SonnenalplSwiss Chalet redevelopment applications with nine (9) conditions. Several of the conditions of approval required that the applicant 40 reappear before the Planning and Environmental Commission for final approval of the applicant's response to the conditions_ The purpose of this public hearing is to allow the applicant an opportunity to present their revised plans and responses to the .I mission for final approval. The Commission is being asked to evaluate the ed plans and the applicant's responses and approve, approve with modifications — the revised application. A copy of a letter outlining the applicant's responses from Braun Associates, Inc. to the Planning and Environmental Commission, entitled Sonnenalp Proiect — Conditions of Approval dated April 26, 2043, has been attached for reference (attachment A). Ill. BACKGROUND On April 14, 2003, the applicant appeared before the Town of Vail Planning and Environmental Commission for a final review of five development review applications. Each of the five applications were submitted to facilitate the redevelopment of the Swiss Chalet and to allow for the construction of an addition onto the Sonnenalp Hotel. The five applications included requests for a major exterior alteration, text amendment, variance, conditional use permit, and a flood plain modification. Upon review of the requests, the Commission voted unanimously to approve the applications with conditions. A total of nine (9) conditions accompanied the approval. The nine conditions are described in more detail in Section IV of this memorandum. IV. DISCUSSION ISSUES Staff has reviewed the applicant's revised plans and responses to the nine conditions of approval. The purpose of this section of the memorandum is to provide a written response to the applicant's proposals. That the applicant submits a revised site plan to the Community Development Department for review and approval of the Planning and Environmental Commission of an amended guest drop -off area along Willow Bridge Road in front of the Swiss Chalet. Staff Response: Revised plans have been submitted to the Town of Vail Community Development Department illustrating a relocated and redesigned guest drop -off area for the Swiss Chalet. The revised plans depict a guest drop -off area located entirely on the applicant's property and out of the Town of Vail right -of -way as required by the Vail Town Code. The guest drop -off area is designed to accommodate up to two cars. One potential flaw in the design however, is that if more than two cars attempt to use the drop -off at the same time, then the cars will begin to stack out onto the Town of Vail right -of -way and block the flow of pedestrian traffic. This will create unintended negative consequences. Staff believes that through creative streetscape paving design the likelihood of this happening can be minimized. Staff, does recommend however, that the Design Review Board review the proposed streetscape paving and landscape design to ensure that design solutions are incorporated into the design that will discourage vehicular • 1�1 t� try 2 use of the Town of Vail right -of -way for guest drop -c applicant has addressed this condition. 2. That the applicant submits a signed deed- restriction to the Community Development Department restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. Staff Response: The applicant will submit the required deed restrictions for said units, prior to the issuance of a building permit for this project. Staff believes that the applicant has addressed this condition. 3. That the applicant receives approval of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) or Willow Bridge Road, or both. The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreement shall be accepted by the Town of Vail in writing and shall be approved by the Planning and Environmental Commission, prior to granting a final approval of this project. The easement agreement shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. Staff Response The applicant has submitted a proposed perpetual easement agreement. The proposed easement agreement has been reviewed by the Town Attorney and is acceptable to the Town of Vail. A mutually acceptable easement agreement could not be successfully reached with the Talisman Condominium property owners at this time_ Therefore, the easement has been crafted to be amendable and transferable to the Talisman Condominium property owners at a future date subject to the terms of the agreement. While the staff was hopeful to work out a mutually agreeable easement by and between the Sonnenalp Properties, Inc., Talisman Condominiums, and the Town of Vail, that agreement could not be reached. Staff believes that this alternative, while not preferred, is our best negotiated position at this time. At a minimum, the Town, through this agreement, will be one significant step closer to meeting it obligations outlined in Ordinance No. 14, Series of 1978, and therefore having the ability to restrict vehicular traffic on East Meadow Drive. Staff believes that the applicant has addressed this condition. 4. That the applicant prepares a memorandum of understanding outlining the responsibilities and obligations of the applicant for all off -site improvements required to mitigate the development impacts associated with the development of this project. The scope of the streetscape improvements shall be as indicated on 3 to approved Off -site Improvements Flan. The memorandum of understanding ;hall be submitted to the Administrator for review and recommendation to the planning and Environmental Commisslon. The Planning and Environmental Commission approval shall be obtained prior to final approval of this project. Staff Response: The applicant has submitted a memorandum of understanding as required by the Planning and Environmental Commission at their April 14, 2003, public meeting. Staff has reviewed the memorandum and determined that revisions are needed to fully clarify the developer's responsibilities in the construction of necessary public improvements and to ensure compliance with the applicable provisions of the Vail Town Code. Pursuant to Section 12- 7A -14, Mitigation of Development Impacts, Vail Town Code, "Property ownersldevelopers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shag 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. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading /delivery, 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. " Staff recommends that the following revisions be made to the memorandum of understanding to ensure compliance with Section 12- 7A -14, Mitigation of Development impacts, Vail Town Code above:. (Recommended changes are shown in bold and sirikethFeugh Memorandum of Understanding Sonnenalp Redevelopment Project 5 -12 -03 This Memorandum of Understanding ( "MOU ") is intended document the responsibilities of the owners of the Sonnenalp /Swiss Chalet (the "Sonnenalp Project ") as approved by the 4 Planning and Environmental Commission on April 14, 2043. This MOU is by and between the Town of Vail and the developer of the project, Sonnenalp Properties, Inc. ( "SPI "). 1. Recitals Whereas the SPI is planning a redevelopment of property (the "Sonnenalp Property") along E. Meadow Drive and Willow Bridge Road; • Whereas, as part of the Sonnenalp Project, SPI has agreed to implement a significant portion of the Town's streetscape plan for the south side of E. Meadow Drive and the west side of Willow Bridge Road to comply with the provisions required by Section 12- 7A -14, of the Vail Town Code; Whereas, the scope of streetscape improvements involve improvements for the benefit of the public on SPI's land as well as to the public right -of -way; • Whereas, the Town and SPI have agreed on SPI's contribution towards the streetscape improvements shall equal one -third of the total streetscape project area adjacent to the Sonnenalp property; • Whereas, the intent of this MOU is to clearly layout the SPI's limits of construction, financial responsibility, and improvement phasing for the proposed streetscape improvements; and • Whereas, the total investment being made in the Town's streetscape improvements for East Meadow Drive and Willow Bridge Road is $416,810.50 as further detailed herein. H. Streetscape Improvements to be constructed by the Sonnenalp A. Limits of Construction The Sonnenalp Project includes, without limitation, the construction of streetscape improvements both on the Sonnenalp Property as well as within the Town's right -of -way (the "Project Improvements "). All of the Project Improvements (mainly curbing, sidewalk paving material, light fixtures, street furnishings, planting beds, and landscaping, and bus stop relocation) will be completed by SPI per Town of Vail specifications in conjunction with the Sonnenalp Project and the limits of those improvements are indicated in Exhibit A (known as the "limits of construction "). The improvements generally include everything from the curb and to the south 1. Snow Melt In addition to the streetscape improvements, SPI will install and operate a snowmelt heat system under portions of the improvements located within the limits of construction. The limits of heating are shown in Exhibit A. The total area to be heated is approximately 14,750 sq. ft. (of which 4,510 sq. ft. is 5 within TOV r /w, excluding boiler). The total cost of snowmelt heating is $221,250. The snowmelt system shall be installed per Town of Trail specifications. 2. Paver Treatment/Curb and Cutter All pedestrian paver treatments and curb and gutter located within the limits of construction as shown in Exhibit A will be constructed by the applicant, per Town of Vail specifications. Once final civil plans and profiles are approved, any drainage improvements required to allow the road to drain are the responsibility of SPI. The total area of these improvements is 14,750 sq. ft. (of which 4,510 sq. ft. is within TOV r /w). The total cost of curb, gutter, and paver treatment is $90,900 (pavers @ $6 /sq. ft., curb /gutter cz $3/L. Ft.). All improvements shall be installed per Town of Nail specifications. 3. Light Fixtures The Sonnenalp will pr-evide supply and install street light fixtures on the south side of E. Meadow Drive and the west side of Willow Bridge Road. Exhibit A indicates the general location and number of light fixtures (13), subject to DRB approval. The light fixture shall conform to the typical TOV light fixture, per Public Works detail. The total cost of the light fixtures is $39,000 - (installed). 4. Landscape Materials The landscape areas along E. Meadow Drive and Willow Bridge Road are indicated in Exhibit B. These landscape areas will contain trees, shrubs, flowers, and other ground covers subject to DRB approval. The minimum landscape materials shall be proposed to the DRB by the applicant and indicated on an approved landscape plan. The applicant has budgeted $$ /sq, ft. for landscape areas resulting in a total budget of $26,200 for the landscape areas (3,275 sq. ft.) shown in Exhibit B. B. AIPP SPI will work closely with AIPP and will put forth a public art proposal aAef within 45 days of the approval of the Sonnenalp Project. The proposed plan will include locations and proposed art improvements as well as a cost estimate for the art improvements. All required art improvements will be installed by SPI. C. Sonnenal) Contribution for Improvements within Limits of Construction The total SPI contribution for streetscape improvements which are within the construction limits of the Sonnenalp Project is $377,350 (not including the additional costs for public art improvements to be incurred by SPI). I1I. Streetscape improvements beyond the limits of Sonnenalp Project A. Meadow Drive Road Improvements G SPI has agreed to pay for streetscape improvements beyond the limits of construction within the Town's night-of-way as depicted in Exhibit C (the "Town Improvements "). This additional funding is proposed to help the Town implement the streetscape plan for this area and is offered as additional mitigation for development impacts associated with the Sonnenalp Project. Streetscape : improvements beyond the limits of construction will be constructed separatQly.by the Town as part of the overall town Streetscape project and could occur in a different timeframe than the Sonnenalp Project, and therefore a ben&cash deposi ettef of rr- in favor of the Town will be established to fund that portion required by the Sonnenalp Project. This cash deposit will be established prior to the issuance of a building permit for the Sonnenalp Project. The amount of funding beyond the limits of construction has been determined on a per -unit cost of Town Improvements for the area shown in Exhibit C. The Town Improvements consist of pedestrian pavers and asphalt paving. The total area of Town Improvements required- of SPI beyond the limits of construction is 0 2,500 sq. ft. SDI's share is $ 1 440 87,500 based on the following breakdown of improvements: • Asphalt paving at $2.00 /sq. ft. (4,144 sq. ft.) • Pavers at $6.O0 /sq. ft. (864 sq. ft.) • $35.00/sq. ft. (2,500 sq. ft. includes total construction costs) During the course of construction there may be portions of E. Meadow Drive and Willow Bridge Road beyond the limits of construction that are impacted by development activities (i.e., paving removed, excavation, etc.). If the Town's Improvements are not underway during the same construction season as the Project Improvements, SPI will provide temporary asphalt patches to the pavement in anticipation of the Town's streetscape effort. B. TOV Master Drainage Plan 1. Willow Bridge Road Drainage Improvements k} The Town's master drainage plan for this area provides for the relocation of drainage pipe and structures between the north side of E. Meadow Drive and Gore Creek. Currently this drainage is carried through a pipe under the Swiss Chalet building. As part of the redevelopment of the Sonnenalp Property, SPI will relocate this drainage pipe within the Town's right -of -way along Willow Bridge Road in an area already to be disturbed by the construction project (the "WBR Drainage Improvements "). Most of the drainage being carried in this pipe is from offsite uses north of E. Meadow Drive, however, the Sonnenalp Project will also tap into this relocated pipe for some of its drainage. Since the WBR P age rmYrv= ° Hafth side of E. Meadew , ea r - 8 of th r � t; 44M Relocation of the V drainage pipe is 7 required as a result of the proposed redevelopment. SPI shall be responsible for the complete cost of relocating said pipe. Should the Town of Vail choose to increase the capacity of the drainage pipe the Town shall be responsible for the incremental increase in cost associated with the increased capacity ( ie, cost differential between a 24 inch pipe and a 36 inch pipe). 8 1 2 1's charl the WB D age r, ants is $14 based o th felle i � ,-.,, © 4A L/F 4kllll.ibLr 1 =Zl 2. East Meadow Drive Road Drainage Improvements There are drainage improvements within E. Meadow Drive (the "EMD Drainage Improvements ") that are contemplated by the Town of Vail as part of the overall streetscape plan for that road. SPI agrees to pat4ieipate i t h e eest e f t impr-evements. SPI's share ef the EMD Drainage Impr-ovements is $11,137.50 based Once final civil plans and profiles are approved by the Town of Vail, any drainage improvements required to allow the road to drain are the responsibility of SPI. Should the Town of Vail choose to increase the capacity of the drainage pipe, such as adding inlets or lateral line from the north side of the street, the Town shall be responsible for the incremental increase in cost associated with these improvements. C. Mitigation Fee The Town of Vail (Publie W a nepai.+fnep has developed an impact fee program (not adopted by ordinance). A traffic report was required for this project the intent of which was to determine the net increase in PM peak traffic. , te - - All ef the existiRg uses that are being dengelished (i.e., 60 hate! , Swiss a= t e t^ ` Based on impact fee program, the fee would W AMMOW& T O T 811-0— . k I AaA ITS 2. East Meadow Drive Road Drainage Improvements There are drainage improvements within E. Meadow Drive (the "EMD Drainage Improvements ") that are contemplated by the Town of Vail as part of the overall streetscape plan for that road. SPI agrees to pat4ieipate i t h e eest e f t impr-evements. SPI's share ef the EMD Drainage Impr-ovements is $11,137.50 based Once final civil plans and profiles are approved by the Town of Vail, any drainage improvements required to allow the road to drain are the responsibility of SPI. Should the Town of Vail choose to increase the capacity of the drainage pipe, such as adding inlets or lateral line from the north side of the street, the Town shall be responsible for the incremental increase in cost associated with these improvements. C. Mitigation Fee The Town of Vail (Publie W a nepai.+fnep has developed an impact fee program (not adopted by ordinance). A traffic report was required for this project the intent of which was to determine the net increase in PM peak traffic. , te - - All ef the existiRg uses that are being dengelished (i.e., 60 hate! , Swiss a= t e t^ ` Based on impact fee program, the fee would The traffic impact fee is intended to offset the cost of construction improvements to the Town of Vail frontage roads. A fee of $5,000 per increase in net pm peak hour trips is assessed to development proposal which incrementally increase traffic in Town. The fee is based on an assumed net total traffic increase in the Town of Vail • of approximately 1,000 net pm peak hour trips. Based upon information and data compiled by the Town of Vail's traffic consultants, the proposed traffic mitigation fee needs to be amended. According to our information the following data applies: Resort hotel rooms net decrease of Retail area net increase of (40 %) Spa net increase of (10 %) Condominium increase of 20 @0.9 trips/peak hour = ( -18) 6.88 @4.2 trips/peak hour = 11.56 0.625 @4.04 trips/peak hour = ( -0.25) 20 @0,47 trips/peak hour = 9.4 TOTAL, 2.71 net pm peak trips 2.71 trips x $5,000 = $13,550 • At the sole discretion of the Town of Vail, this fee may be offset by other improvements provided by SPI. There may be a credit for additional loading berths being provided beyond those required by the Vail Town Code. A credit may be provided to SPI for the elimination of traffic on East Meadow Drive. r r 1 IV. Phasing The construction activities and improvements within the limits of construction shall occur as part of the SPI's construction project. Those improvements will be completed prior to a Certificate of Occupancy being issued for the final phase of construction. A more definitive schedule of streetscape improvements will be coordinated with the Town's Community Development Department. 9 s che du le zoi- redevelo "th re of E. Meadow Drive 0 SPI shall post a bend/cash deposi $3 9,4 (at building permit issuance) to fund the Town Improvements beyond the limits of construction for which SPI is required to contribute funds. If the Town decides to move forward with its streetscape improvements on the same schedule as the SPI's project, then every effort will be made to coordinate the two projects. Improvements beyond the limits of construction will be contracted separately by the Town of Vail. V. Extent of Public Improvements This MOU contains the total extent of public improvements required for the Sonnenalp Project. SPI shall not be required additional public improvements beyond those contained herein. SPI responsibility for improvements beyond the limits of construction of the Sonnenalp Project shall be limited to the dollar amount of $39,460.50 as indicated in Section III of this MOU. SPI shall be responsible for the full cost of those improvements within the limits of construction regardless of the estimated dollar amounts indicated in Section II of this MOU and those incidental costs incurred to complete said improvements as contemplated by this MOU. VI. Termination of MOU If the Sonnenalp Project is not constructed, this MOU shall automatically terminate and be null and void. Executed as of the date Town of Vail Colorado municipality By: Printed Name: Title: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) SONNENALP PROPERTIES, INC. a a Colorado corporation IM Johannes Faessler, President Acknowledged, subscribed and sworn to before me on this day of 2003, by Johannes Faessler, President of Sonnenalp Properties, Inc. Witness my hand and official seal. My Commission expires: 10 STATE OF COLORADO } ) ss. COUNTY OF EAGLE } Notary Public Acknowledged, subscribed and sworn to before me on this day of 2003, by , for the Town of Vail. Witness my hand and official seal. My Commission expires: Notary Public 5. That the applicant submits revised plans to the Community Development Department addressing the comments and conditions of the Town of Vail Public Works Department as outlined in the memorandum to the Community Development Department dated April 9, 2003 (Attachment G). The revised plans shall be reviewed and approved by the Planning and Environmental Commission prior to final approval of this project. 0 Staff Response: The applicant has submitted revised plans as required. Staff has reviewed the revised plans for compliance with the Town's regulations. In response to staff's review of the proposed the revisions, the applicant needs to make further modifications to the proposed plans. The following modifications are needed: • Item #4 Please show the minimum truck turning radii for each of the proposed truck loading bays. • Item #5 The data contained in the required drainage report needs to be coordinated and verified with East Meadow Drive streetscape plan and must be amended to include data for a 25 -year storm event. • Item #27 The boulder retaining walls around the proposed pool deck and underground parking structure have increased in height as a result of the change in first floor elevation of the Swiss Chalet. The retaining walls shall not exceed 5 feet in height. • The proposed site plan indicates that a curb and gutter drainage design is proposed along East Meadow Drive. A drain pan is needed instead. The drain pan must match the streetscape plan elevations. 6. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. • 11 Staff Response: 0 The applicant will submit the required Project Registration documentation for the fractional fee club units, prior to the issuance of a building permit for this project. Staff believes that the applicant has addressed this condition. 7. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. Staff Response: The applicant has submitted the conditional use permit application for the excess accessory eating, drinking, retail establishments to be located in the Sonnenalp Hotel and the Swiss Chalet. The application will be considered by the Planning and Environmental Commission at their public hearing on June 23, 2003. Staff believes that the applicant has addressed this condition. 8. That the applicant considers the construction of the Gore Creek streamwalk as an off site improvement to mitigate the impacts of the development. . Staff Response: In 1994, the Vail Town Council again considered the appropriateness of constructing a streamwalk along Gore Creek. The Council's consideration was a result of the adoption of the Town of Vail Open Lands Plan. In part, the Open Lands Plan identifies points of access to Gore Creek and construction and interconnectivity of the Town's recreation path network. The Open Land Plan, as adopted, does not recommend the construction of the streamwalk. Staff believes that the streamwalk matter was addressed by the community in 1994 and since it was again debated, but not recommended, the construction of the streamwalk should not be a requirement of this application. Staff believes that the applicant has addressed this condition. 9. That the applicant shall limit the use and operation of the existing Vail Road loading /delivery area to trash and grease removal only. All other required loading /delivery activity shall be conducted entirely within the Swiss Chalet loading /delivery area which must be accessed off of Willow Bridge Road. The applicant shall submit a written and signed statement to the Town of Vail acknowledging this condition prior to the issuance of a building permit for this project. Staff Response: The applicant has agreed to limit loading and delivery at the existing Vail Road loading /delivery area to trash and grease removal from the restaurant only. The 12 applicant will submit a written and signed statement to the Town of Vail acknowledging this condition prior to the issuance of a building permit for the project. Further, the applicant has agreed to submit a written and signed statement agreeing to provide at least one of the three truck bays in the loading /delivery area located off of Willow Bridge Road for public use when not in use by the applicant or his successors for loading and delivery purposes. Said bay shall become available for public use upon the issuance of a temporary certificate of occupancy for the Sonnenalp Hotel or Swiss Chalet, whichever comes first, and upon such time as the Town of Vail removes at least one existing loading /delivery space located north of the International Bridge along Willow Bridge Road. The bay that is provided for public use shall be designated as such on the approved development plan and signed on site by the applicant. Staff believes that the applicant has addressed this condition. V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and )environmental Commission approves with conditions the request for a final review of a proposed major exterior alteration to allow for the redevelopment of the Swiss Chalet and an addition to the Sonnenalp Hotel; a request for a final review of a conditional use permit to allow for the operation of a fractional fee club in the Swiss Chalet; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development) to allow for a deviation from the total landscape area requirement; a request for a final review of a proposed flood plain modification to the Gore Creek flood plain boundary; located at 20 Vail Road, 62 E. Meadow Drive, and 82 E, Meadow Drive /Lots K & L, Block 5E, Vail Village 1 51 Filing. Staff's recommendation of approval with conditions of the major exterior alteration, conditional use permit to allow for the operation of a fractional fee club, modification to the flood plain, and a landscape area variance is based upon the review of the criteria outlined in Section Vlll of the April 14, 2003 Planning and Environmental memorandum, and upon the evidence and testimony presented on these applications. Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the following finding be made as part of the motion: "That the applicant has satisfactorily responded to each of the nine (9) conditions of approval for the development applications submitted to the Community Development Department which are intended to facilitate the redevelopment of the Swiss Chalet and Sonnenalp Hotels. As such, the proposal complies with the criteria and findings as outlined in the staff memorandum to the Planning and Environmental Commission, dated, April 14. 2003. „ Should the Planning and Environmental Commission choose to approve with conditions the applicant's request as outlined above, staff recommends that the following five (5) conditions be placed upon the approval: 13 I That the applicant submits to the Community Development Department a signed deed - restriction restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 2. That the applicant receives approval from the Town of Vail of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of vehicular ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) or Willow Bridge Road, or both. The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreement shall be accepted by the Town of Vail in writing and shall be approved by the Planning and Environmental Commission, prior to granting a final approval of this project. The easement agreement shall be recorded by the applicant at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 3. That the applicant submits revised plans to the Community Development Department addressing the comments and conditions of the Town of Vail Public works Department as outlined in the memorandum to the Community Development Department dated April 9, 2003. The revised plans shall be reviewed and approved by the Town of Vail Planning and Environmental Commission prior to final approval of this project. All revised plans shall be reviewed and approved by the Town of Vail, prior to the issuance of a building permit for this project. 4. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. Full compliance shall be demonstrated prior to the issuance of a temporary certificate of occupancy for the Swiss Chalet. 5. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. Should the proposed text amendment application and /or subsequent conditional use permit not be approved by the Town of Vail, the applicant shall be required to revise the proposed redevelopment plans and reappear before the Town of Vail Planning and Environmental Commission for a final approval of the revised proposal. 40 ills 0 VI. ATTACHMENTS A. Sonnenal Project— Conditions of App rova, dated April 26, 2003 • 15 v • 6ABRA N ASSOCIATES, IINC. PLANNING and COMMUNITY DEVELOPMENT April 2C, 2003 Planning and Environmental Commission W George Ruther, Chief of Planning Town of Vail 75 5. Frontage Road Vail, CO 81657 Re: 5onnenalp Project — Condition5 of Approval Dear PEG Members: At your April 14, 2003 hearing the PEC approved the 5onnenalp redevelopment project with nine conditions of approval. Several of the conditions required the applicant to return to the PEC to review how these conditions are being resolved. The purpose of this letter 15 to outline how we have responded to each of these conditions, PEC April 14, 2003 Condition5: That the applicant 5ubmit5 a revised Site plan to the Community Development Department for review and approval of the Planning and Environmental Commission of an amended guest drop -off area along. Willow Bridge Road in front of the Swiss Chalet. Our Response: We have rev1,5ed the plans to provide an adequate guest drop -of area for the . Swiss Chalet bwldng (see attached). The area 15 under a porte cochere and 15 located within the property lines of the _9w5:5 Chalet. The Space does not interfere with pedestrian movement-9 along Willow Bridge Road. We believe the revf5ron fully addre.55e5 all of the ,PEC'5 concern.5 about the prevtou5 plan and staff Supports the proposed revision. Edwards Village Center, Suite C -209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 8 I 632 2. That the applicant submits a signed deed - restriction to the Community Development Department restricting three units for employee housing at the 5olar Vail Condominiums (Units 24, 25, and 2G) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk * Recorder, prior to the issuance of a building permit for any construction of this project. Our Re5pon5e: The applicant will submit the required deed re5triction5 prior to the i55uance of o building permit for this project. 3. That the applicant receives approval of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) or Willow Bridge Road, or both. The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreement shall be accepted by the Town of Vail in writincj and Shall be approved by the Planning and Environmental C o mm 1551 on, p rior to granting a final approval of this project. The easement agreement Shall be recorded at the Office of the Eagle County Clerk * Recorder, prior to the issuance of a building permit for any construction of this project. Our Re�ponse: The applicant has provided an easement agreement to the Town of Vail to allow acce55 through the proposed Subsurface parking area to the Tali5man'5 property from Vail Road flee attached,). The proposed easement fully complies with this condition. 4. That the applicant prepares a memorandum of understanding outlining the responsibilItIes and obligations of the applicant for all off -51te improvements required to mitigate the development impacts associated with the development of this project. The scope of the 5treet5cape improvements shall be as indicated on an approved Off -site Improvements Plan. The memorandum of understanding shall be submitted to the Administrator for review and recommendation to the Planning and Environmental Commission. The Planning and Environmental Commission approval shall be obtained prior to final approval of this project. Our Response: • 2 The apphcant has provided a Memorandum of Understanding outlining the 5treet5cape improvements being constructed or funded by the apphcant (see attached). The memorandum e5ta1Xi517e5 the amount of contributions by the applicant beyond the property boundaries for the benefit of the public. The proposed memorandum complies with this condition of approval. 5. That the applicant submits revised plans to the Community Development Department addressing the comments and conditions of the Town of Vail Public works Department as outlined in the memorandum to the Community Development Department dated April 9, 2003 (Attachment G). The rev5ed plans shall be reviewed and approved by the Planning and Environmental Commission prior to final approval of this project. Our Response. The Public Works memorandum dated April 9, 2003 contains a variety of issues to be addressed. Most of the items are i55ue5 that are typically handled during the DRD or Building Permit review proce55e5 and are not germane the PEC approval (see attached memo). We have broken the list into three categone5 a5 follow5•• DRD and construction Related Issues Non -PEC Issues o Items 7, 8, 9, 10, i I, 14, 15, 16, 17, 10, l 9, 20, 22, 23, 24, and 27 will be addressed pr1or to obtaining a building permit for the project in conjunction with the review of construction documents by the Town a5 5upported by staff. Other Comments in Public Works memorandum: • Item # I - Floodplain - The PEC approved the proposed floodplain modification on April l 4, 2003. The current mapping by J. F Sato reflects the proposed improvements. No further action is nece55ary. • item 92 - Loading and Oeh very - The loading and delivery facility has been redesigned to provide for a 12 x 50 truck. Additionally, turning radii have been Shown on the plans which document that a truck 15 able to back into the proposed facility (see attached drawings). We have addressed the Public Works comments and have provided a facifty that exceeds the Town Code requrrement5 for this project. • Item # 3 - Traffic Mitigation Fee - The Town code does not contain any provision requiring a $5, 000 per trip impact fee. 3 However, the applicant has provided a traffic report prepared by a traffic engineering firm which 5how5 that the net increase in vehicular trips during the peak hour i5 3 additional trips due to the amount of exi5tinq program on the ,site being removed. If you apply the Public Works impact fee the result 15 a "required" payment of $15, Q ©O towards off5ite improvements. The project as proposed provides $416,©00 f in 5treet5cape improvements, well in excess of the amount "required" by Public Works. The project therefore complies with this Public Works demand. • Item # 4 - Traffic 5tudy - The traffic Study Submitted was prepared by a qualified traffic engineering firm based on the 1TE Manual. Our engineer found that the rates bung dictated by the Public Works Department to be exceptionally high. Our consultant 5 analysis o based on sound traffic engineering rates and principles. Since this issue relates to the $5, 000 impact fee and Since the 5onnenalp 15 dramatically exceeding the amount requested by Public Work-5, there is really no need to redraft this traffic report.. • Item #5 - Drainage Report - Although we were told to provide.? drainage report prior to DRS approval, we have provided this report with this re- 5ubmi.5.5ion. Therefore, the appllcant 17.75 complied with this request. • Item #6 - Valet Parking - The proposed plan provides for adequate area to maneuver valet cars within the parking structure, The project is does not generate an exce.55ive amount of traffic at anyone time and therefore there is really no .safety i56ue5 at play. Gars will be .staged in driveway ai5le5 temporarily while accessing parked vehicles. This valet plan will operate adequately for the uses proposed and 15 not dissimilar to valet plans approved an other projects. • Item #12 - AIPP - A /PP planning and improvements are included to the memorandum of understanding included herein. • Item # 13 - 5treet5cape Improvement.5 - 5treet5cape improvements are indicated on the proposed plans and are detailed in the memorandum of understanding included herein. • Item # 21 - Construction Ea5ement with Talisman - If a construction easement 1.5 required with the Talisman one will be provided prior to construction of the project. The • FA I project a5 propo .5ed can be constructed with or without a construction easement. • item # 25 - Gue5t Drop -off Area - This i5.sue has been addressed by PEC condition number I. • Item if 26 - Talisman Access - Thi.S comment addresses a concern about the 7ali5man'5 access from f. Meadow Drive and is addressed more fully at the end of this letter. We are continuing to work with the T.Woman towards the goal of getting Talisman parking underground but we are not there yet. If they are unable to join our construction project the alternative is that they will have to exercise their rights to use Meadow Drive for access. This really becomes more of a Talisman issue at that point. We have also provided future opportunities for Talisman acce55 as not to preclude subsurface access in the future via the easement provided. We are requesting that the PFC approve the project a5 presented with the understanding that means the Talisman will take access from Meadow Drive. If that condition changes the Tali5marV5onnenalp will return with a ORB application to address any revisions (i. e., Subsurface parking). o Item # 27 - Pool Area Wall sleights - Retaining walls or landscape walls do not exceed 6' in height in the pool area. Duilding walls are not restricted to 6' in height. The plan complies with the Town Code with respect to wall heights. • FLNic Works Conditions and A55um1?tion5: o Item # 1 - Floodplain - The PfC approved the proposed floodplain modification on April 14, 2003. The current mapping by J. P 5ato reflects the proposed improvements. No further action 15 necessary. a Item # 2 - Loading and Delivery - As addressed above, the project has been redesigned to accommodate a 12 x 50 truck and fully comphe5 with or exceeds the Tawn's requirements. o Item,? 3 - Talisman Access - As stated above, we are continuing to work with the Talisman towards the goal of getting Talesman parking underground but we are not there yet. If they are unable to join our construction project the alternative 15 that they will have to exerci.5e their rights to use Meadow Drive for access. This really becomes more of 5 a Talisman issue at that point. We have also provided future opportunities for Talisman access as not to preclude subsurface access in the future via the easement provided. We are requesting that the PEC approve the project as presented with the understanding that means the 7alr5man will take access from Meadow Dave. If that condition changes the Talr5mari/5onnenalp will return with a 095 application to addre55 any revisions (i.e., subsurface parking). • Item # 4 - Drainage Study - As indicated above, a drainage report for the project ha-5 been provided. • Item # 5 - Off5ite 5treet5cape Improvements - A5 indicated above, an MOU has been provided detailing the offsyte improvements to be provided by the 5onnenalp project. • Item # 6 - Utility Relocatjons - No utility reloc.7bon5 are anticipated by tht5 project. If utthty Imes require modiftcatjon5 due to the 5onnenalp project, the 5onnenalp will be responsible for those improvements and their jmpacts offsite. • Item # 7 - Construction Impacts - A staging and construction plan 15 required on all projects prior to building permit. This plan will be coordinated with TO staff at the approprote time. • Items # 6 - 10 - Permlt5 and Agreements - The applicant will provide all of the necessary agreements and permits prior to construction. & That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, 13U5ine55 and License Regulations, Chapter 4, Article 13, of the Vail Town Code, as determined by the Town Attorney. Our Response: The applicant will comply with all project registry requirements per Town Code. 7. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council :7 .1 approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 1 2 -7A -3 of the Vail Town Code becomes effective. Our Response: The applicant has submitted a conditional use application to permit retail area in excess of the 1O% allowance for this project. The applicant agrees that he will return to the PfC for approval of that component of the project following Town Council approval of the code amendment. 8. That the applicant considers the construction of the Gore Greek streamwalk as an off site improvement to mitigate the impacts of the development. Our Response: The applicant has considered the installation of a .stream walk along Core Creek. This issue was addressed broadly by the Town Council in / 994 and in the review of the Open Lands Plan. The adopted Comprehensive Open Lands Plan does not recommend a streamwalk in this area. Further it was determined that a streamwalk would not be pursued in this area by the Town Council, thus putting the issue to rest. The applicant is not proposing a streamwalk as part of this project. 9. That the applicant shall limits the use and operation of the exlstmg Vail Road load ingfdelivery area to trash and grease removal only. All other required loading/delivery activity shall be conducted entirely within the Swiss Chalet loading /delivery area which must be accessed off of Willow Bridge Road. The applicant shall submit a written and signed statement to the Town of Vail acknowledge this condition prior to the issuance of a building permit for this project. Our response: The applicant will provide a written statement acknowledginq the reduced activity of the loading area along Vail Road pursuant to this condition. 7 Other Tali5manl5onnenal�? Issues One of the issues 65cU55ed at the April 14 PEC hearing was the p rovis ion of access for the Talisman property. As you are aware the 5onnenalp has been working very closely with the Talisman to provide them incentives to join the project by the Talisman committing to build a subsurface parking area. The primary incentive presented has been the offer by the 5onnenalp to provide the Talisman with $100,000 towards the construction of the Talisman's portion of the parking garage if the Talisman joins the project prior to developing construction drawings this summer. That offer was put forth several weeks ago. We understand that the all of the Talisman owners may not be in agreement on whether to construct a parking garage and it could be weeks, months, or even years before they are able to come to consensus. The 5onnenalp is moving forward with the project under the assumption that the Talisman is not joining the project which means they will likely have to exercise their rights to gam access from East Meadow Drive. We will continue to work with the Talisman and encourage them to move forward as part of our project. The following are a list of Talisman alternatives that we believe exists upon approval of the project by the PEC: I . In the next month or so the Talisman decides to construct its subsurface parking area and take the 5onnenalp on its offer to help fund the parking structure. If this occurs, the 5onnenalp and the Talisman will return to the 'PEG or DRB for approval of a revised parking configuration. This would likely also mean that there would still be the need for some reduced level of access and surface parking on the Talisman property for guest arrival, service vehicles, and Fire Department access. 2. The Talisman decides to not build a parking structure but decides to take the 5onnenalp on its offer to rebuild the Talisman's surface parking, re- landscape the parking area, and move the Talisman's access easement further to the east in exchange for a temporary construction easement. In this alternative the 5onnenalp and Talisman would return to the PEG or DRB for approval of the new Talisman parking layout. 3. The Talisman does not agree to any offers made by the 5onnenalp and decides that it will plan its own parking facilities. In this alternative the Talisman would be responsible for making application to the DRB for approval of its parking layout. In all of these alternatives the 5onnenalp will have established an access easement through the 5onnenalp'5 garage from Vail Road to the Talisman property to allow future sub - surface access. Therefore, the Talisman is not precluded in the future from redeveloping its property and developing a Subsurface parking area accessed from Vail Road rather than East Meadow Drive. • 8 We hope that you will find that we have adequately addressed all of the conditions of the April 14, 2003 FTC approval and look forward to your approval on May 12, 2003. We appreciate all of your comments and Suggestions over the last 9 months which have made this a better project. Sin ely, Dominic . Mauriello, A CP • • G� ' T r� Y. fr s 'r t { 9 w ' - � ry {j 1.1 M " i 'i'. r '�y " {`•' y , sCy.` �'�►•+�frti I f •,. J"F � Y 1 c x T TI, , ;1 41 „IGill[lllf IP it �w n�� ryfeFP +. ,!r � t +h � a f � I � J�if• �"�1�f ! rr�� H 1� yy iIII fi i� � y J i �a !!1 ul Fiat IfiiI Pin L3 IV Z) SSfMS e E E f I I r 0 EASEMENT AGREEMENT This easement agreement (the "agreement ") is entered into this day of May, 2003 by and between Sonnenalp Properties, Inc. ( "Sonnenalp "), a Colorado corporation, whose address is 20 Vail Road, Vail, CO 81657; and the Town of Vail ( "the Town "), a Colorado municipal corporation, whose address is 75 South Frontage Road West, Vail, Colorado 81657. Recitals A. Sonnenalp is the successor to Rumford - Nottingham Associates, a Colorado limited partnership ( "RNA "), as lessee under a ground lease dated June 24, 1970, and recorded August 7, 1970, in Book 218 at Page 409 in the office of the Clerk and Recorder, Eagle County, Colorado (the "Ground Lease "). The Ground Lease incorporates Lots , Block , Vail Village, First Filing, Eagle County, Colorado, as more fully described therein (the "Sonnenalp property "). B. On or about April 18, 1978, the Town adopted Ordinance No. 14, Series of 1978, establishing pedestrian malls on portions of various streets and roads within the boundaries of the Town. Under the terms of Ordinance No. 14, the owners of the Talisman Condominium Association (the "Association ") were granted a perpetual right of ingress and egress to and from the Talisman Condominium parking lot to East Meadow Drive (the "East Meadow Drive Easement "). Section 9 of Ordinance No. 14 provides that if at any future date the Association's members and owners are granted a free and uninterrupted right of ingress and egress to and from the Talisman Condominium parking lot to Gore Creek Drive (nka "Vail Road ") or Willow Bridge Road, the East Meadow Drive Easement "shall terminate and be of no further force and effect." C. Pursuant to subsection 9(a)(ii) of Ordinance No. 14, Series of 1978, the Town is obtaining from the Sonnenalp a perpetual, transferable and nonexclusive easement (the "New Easement ") for ingress and egress across the Sonnenalp property from the Association's property boundary to Vail Road. D. The purpose of the Town acquiring the New Easement is to satisfy the Town's obligation to provide an alternative right of ingress and egress to and from the Talisman Condominium parking lot, other than the East Meadow Drive Easement, and to establish East Meadow Drive as a pedestrian mail, as contemplated by Ordinance 14, Series 1978. ACCORDINGLY, the parties, in consideration of the mutual covenants to be performed hereunder, agree as follows: I . Grant of New Easement 1.1 Sonnenalp grants the New Easement to the Town. The New Easement shall be perpetual, transferable and nonexclusive and shall ripen into effect and become operative at such future time as the New Easement becomes available for use and is capable of being utilized by the Association for ingress and egress purposes. 1.2 The New Easement shall be located through the Sonnenalp property beginning at the Association's property boundary at the location as shown on the map attached hereto as Exhibit A and incorporated herein by reference, This point of beginning is referred to in this agreement as the "Portal," From the point of beginning at the Portal, the New Easement shall be located from an underground parking garage to be constructed on the Talisman property through and upon an underground parking garage to be constructed upon the Sonnenalp property by Sonnenalp and over and across other portions of the Sonnenalp property to a point of ending at Vail Road. 1.3 Because the final plans and specifications for the underground parking garage have not been finalized and approved by the Town as of the date of this agreement, the precise location of the New Easement will be determined by the parties within ninety (90) days of the parking garage on the Sonnenalp property becoming available for use. At that time, this agreement will be supplemented accordingly, and an additional Exhibit B will be prepared and attached to this supplemented agreement depicting the precise location of the New Easement over and across the Sonnenalp property and through and upon the underground parking garage. 1.4 The New Easement shall be twenty (20) feet in width at any location upon the Sonnenalp Property. The portion of the New Easement which is located through and upon the underground parking garage shall be seven (7) feet in height. 1.5 Sonnenalp and the Town shall cooperate in good faith in order to determine the most reasonable and effective location of the New Easement on the Sonnenalp Property by taking into account the needs and existing circumstances of both parties, including the Town's requirement to provide an alternative access to the Association as discussed above. 2. Construction and Maintenance of the New Easement 2.1 Sonnenalp shall bear the entire expense of constructing the New Easement upon the Sonnenalp Property including, without limitation, the is construction of the Portal area. The Town shall be entitled to receive a Sonnenalp040303 . easement. agreement 2 grant of the New Easement under this agreement without incurring any construction or other expense of any nature. 2.2 No construction, other than routine maintenance, will be conducted upon the New Easement by either party without prior consultation with and 30 days prior notice to the other party in writing. The parties agree that any future construction or improvement activities upon the New Easement shall be consistent with the purposes to be served by this agreement and will not interfere with the rights and interests of either party under this agreement. 3. Liability and Insurance The parties agree to maintain general commercial liability and other adequate insurance coverage to protect against liability for personal injury or other claims which might be asserted by or against the parties or any of their guests, agents or invitees resulting from or relating in any fashion to the use of the New Easement. Each party shall provide written proof of adequate insurance coverage upon demand in writing from the other party. 4. Indemnification Each party shall indemnify the other from any and all claims, suits and damages, including, without limitation, attorney's fees, that may be asserted against the parties or either of them arising out of the acts, omissions or negligence of the other party. 6. Reservations Exclusive use of the New Easement is not granted under this agreement. Each of the parties shall have the right to use the New Easement for the purposes set forth herein. Neither party shall use the New Easement or do anything else with respect to the New Easement which will interfere with the use of the New Easement by the other party. 6. Utilities Sonnenalp reserves the right to grant easements or licenses to any utility company or governmental entity to use the New Easement for the purpose of providing utility services to either the Sonnenalp Property or other affected properties or for any other governmental purpose provided that no such grant interferes with the use of the easement by the parties. Each grant of an easement or license to a utility company or governmental entity shall be void and of no force and effect unless and until the responsibility for maintenance of such utility or governmental easement or license shall be accepted by such utility or governmental entity as evidenced by a written instrument and duly recorded. 7. Special Uses Access shall be granted upon and over the New Easement under all circumstances for emergency vehicles, maintenance equipment and governmental officials while on governmental business. 8. Notices Any notices required or permitted herein shall be deemed delivered when deposited in the United States mail, postage prepaid, certified or 10 registered, return receipt requested, addressed to the party intended at the 5onnenalp040303 . ease ment.agreement 3 address set forth below or to such other address as may be furnished from time to time by notice hereunder: To Sonnenalp: Sonnenalp Properties, Inc. 20 Vail Road Vail, CO 81657 Attn: Johannes Faessler To the Town: Town of Vail 75 South Frontage Road West Vail, CO 81657 Attn: Town Manager 9. Amendments It is contemplated by the parties that this agreement will be amended or supplemented in the manner described in this agreement to describe the location of the New Easement, and that this agreement may also be amended or supplemented from time to time for other reasons. No amendment or change to this agreement shall be binding upon the parties unless it is signed by the parties in writing, appended to this agreement and recorded in the office of the Clerk and Recorder, Eagle County, Colorado. 10. Subsequent Owners 10.1 The New Easement granted in this agreement shall be appurtenant to those lands of each of the parties hereto within and upon their properties, and such New Easement may not be transferred, assigned or conveyed apart or separately from such properties. 10.2 The parties shall require any subsequent owner or owners of either of their properties, as a condition precedent to the use of the easement, to execute and duly record a document evidencing the agreement of each such subsequent owner or owners to be bound by the terms, conditions and provisions of this agreement and stating an address to which notices hereunder shall be sent. 10.3 All provisions of this agreement, including all benefits and burdens, shall run with the properties owned by the parties hereto and shall be binding upon and shall inure to the benefit of the permitted assigns, successors and representatives of the parties hereto. is Sonnenalp040303 .easement.agreement 4 0 11. Miscellaneous 11.1 This agreement contains the entire agreement between the parties and may not be modified or revised in any manner except in writing, executed by the parties. 11.2 This agreement shall be governed by and construed under the laws of the State of Colorado. 11.3 Time is of the essence in the performance of all terms and conditions of this agreement. Executed as of the date first set forth above. Town of Vail a Colorado municipality By: Printed Name: Title: STATE OF COLORADO ) 1 0 ) ss. COUNTY OF EAGLE SONNENALP PROPERTIES, INC. a Colorado corporation By: Johannes Faessler, President Acknowledged, subscribed and sworn to before me on this day of 2003, by Johannes Faessler, President of Sonnenalp Properties, Inc. Witness my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Notary Public Acknowledged, subscribed and sworn to before me on this 2003, by , Vail. Witness my hand and official seal. My Commission expires: day of for the Town of Notary Public SonnenMp040303 , easement. agreement 5 Exhibits Exhibit A - Map as of date o~ agreement. tSection 1.2} Exhibit B - Map after finalization and approval by Tawn, pursuant to supplemental agreement (Section 1.3). • • 5onnenalp040303.easement.agreement e7 11~emorandum of Understanding Sonnenalp Redeveiopment Project 5-12-Q3 This Memorandum of Understanding ("MOU") is intended document the responsibilities of the owners of the SonnenalplSwiss Chalet (the "Sonnenalp Froject") as approved by the Planning and Environmental Commission on April 14, 20x3. This M4U is by and between the Town of Vail and the developer of the project, Sonnenalp Properties, Inc. ("SPI"). I. Recitals • Whereas the SPI is planning a redevelopment of property (the "Sonnenalp Praperiy") along. E. Meadow Drive and Willow Bridge Road; • Whereas, as part of the Sonnenalp Project, SPI has agreed to implement a signi#icant portion of the Town's streetscape plan for the south side of);. Meadow Drive and the west. side of Willow Bridge Road; • Whereas, the scope of streetscape improvements involve improvements for the benefit of the public on SPI's land as well as to the public right-of--way; • Whereas, the Town and SFI have agreed on SPI's contribution towards the streetscape improvements shall equal one-third of the total streetscape project area adjacent to the Sonnenalp property; • Whereas, the intent of this MOU is to clearly layout the SPI's limits of construction, financial responsibility, and improvement phasing for the proposed streetscape improvements; and • Whereas, the total investment being made in the Town's streetscape improvements for East Meadow Drive and Willow Bridge Road is $41(,81©.50 as fi~rthcr detailed herein. II. streetscape Improvements to be constructed by the Sonnenalp A. Limits of Construction The Sonnenalp Project includes, without limitation, the construction of streetscape improvements both on the Sonnenalp Property as well as within the Town's right-of way (the "Project Improvements"). Ali of the Project Improvements {mainly curbing, sidewalk paving material, light fixtures, planting beds, and landscaping) will be completed by SPI in conjunction with the Sonnenalp Project and the limits of those improvements are indicated in Exhibit A (known as the "limits of construction"). The improvements generally include everything from the curb and to the south. 1. Snow Melt. In addition to the streetscape improvements, SPI will snowmelt heat portions of the improvements located within the limits of construction. The limits of heating are shown in Exhibit A. The total area to be heated is approximately 14,750 sq. ft. (of which 4,510 sq. ft. is within TOV r/w, excluding boiler). The total cost of snowmelt heating is $221,254. 2. Paver TreatmentlCurb and Gutter All pedestrian paver treatments and curb and gutter located within the limits of construction as shown in Exhibit A will be constructed. by the applicant. The total area of these improvements is 14,754 sq. ft. (of which 4,514 sq. ft. is within TOV r/w). The total cost of curb, gutter, and paver treatment is $90,940 (pavers S6/sq. ft., curb/gutter @ $3IL. Ft.). 3. Light Fixtures The Sonnenalp will provide street light fixtures on the south side of E. Meadow Drive and the west side of Willow Bridge Road. Exhibit A indicates the general location and number of light fixtures (13), subject. to DRB approval. The light fixture shall conform to the typical TOV light #ixture, per Public Works detail. The total cast of the light fixtures is $'39,004 (installed). 4. Landscape Materials The landscape areas along E. Meadow Drive and Willow Bridge Road are indicated in Exhibit B. These landscape areas will contain trees, shrubs, flowers, and other ground covers subject to DRB approval. The minimum landscape materials shall be proposed to the DRB by the applicant. The applicant has budgeted $$lsq. ft. for landscape areas resulting in a total budget of $26,200 for the landscape areas (3,275 sq. ft.) shown in Exhibit B. B. AIPP SPI will work closely with AIPP and will put forth a public art proposal after approval of the Sonnenalp Project. The proposed plan will include locations and proposed arl improvements as well as a cost estimate far the art improvements. C. Sonnenalp Contribution far Improvements within Limits afConstructi~n The total SPI contribution fvr streetscape improvements which are within the construction limits of the Sonnenalp Project is $377,3.50 (not including the additional casts far public art improvements to he incurred h}- SPI). 2 III. streetscape irnprvvements beyond the limits of Sonnenalp Project A. 1Vleadow Drive Road Improvements SPI has agreed to pay for streetscape improvements beyond the limits of construction within the Town's right-of way as depicted in Exhibit C (the "Yawn Improvements"). This additional funding is proposed to help the Town implement the streetscape plan far this area and is offered as additional mitigation for development impacts associated with the Sonnenalp Protect. streetscape improvements beyond the limits of construction will be constructed separately by the Town as part of the overall town streetscape praject and could occur in a different timeframe than the Sonnenalp Project, and therefore a bondJcash deposit/letter of credit in favor of the Town will be established to fund that portion required by the Sonnenalp Project. This bondfcash deposit will be established prior to the issuance of a building permit for the Sonnenalp Project. The amount of funding beyond the limits of construction has been determined on a per-unit cost of Town improvements for the area Shawn in Exhibit C. The Town Improvements consist of pedestrian pavers and asphalt paving. The total area of `Town Improvements required of SPI beyond the limits of construction is 5,000 sq. ft. SPPs share is $13,440 based on the follawing breakdown of impravements: • Asphalt paving at $2.OOfsq. ft. {4,140 sq. ft.) • Pavers at $6.00/sq. ft. (860 sq. ft.) During the course of construction there may be portions of E. Meadow Drive and Willow Bridge Road beyond the limits of construction that are impacted by development activities {i.e,, paving removed, excavation, etc.). If the Town's Improvements are not underway during the same construction season as the Project Improvements, SPI will provide temporary asphalt patches to the pavement in anticipation of the Town's streetscape effort. B. TOV Master Drainage Plan 1. Willow Bride Road Drain,a,~e Improvements The Town's master drainage plan for this area provides for the relocation of drainage pipe and structures between the north side of E. Meadow Drive and Gore Creek. Currently this drainage is carried through a pipe under the Swiss Chalet building. As part of the redevelopment of the Sonnenalp Property, SPI will relocate this drainage pipe within the Town's right-of--way clang Willow Bridge Road in an area already to be disturbed by the construction project (the "WBR Drainage Improvements"j. Most of the drainage being carried in this pipe is from offsite uses north of E. Meadow Drive, however, the Sonnenalp Project will also tap into this relocated pipe far some of its drainage. Since the WBR Drainage Improvements are more of a benefit to the Town and other properties on the north side of E. Meadow Drive, the costs. related to the WBR Drainage Improvements shall be shared with the Town and other projects. Therefore, SPI pays one-third of the cost of the WBR Drainage improvements, with the Town and others taking 3 care of the remaining two-thirds. SPI's share of the WBR Drainage Improvements is $14,$83 based on the following estimate: • Storm Drainage Pipe - 6641inear feet @ $35/LF = $23,100 • Inlets and Manholes - 7 @ $3,400 each = $21,000 • Pavement. Patch (beyond project scope} _ $1.000 Total Improvement = $45,100 Sonnenalp Share = $14,883 SPI will construct these improvements and either receive a credit towards ether streetscape improvements committed to herein (credit estimated at $29,766} or receive funds from the Town for two-thirds of the cost of these drainage improvements. 2. East Meadow Drive Raad Drainage Improvements There are drainage improvements within E. Meadow Drive (the "EMD Drainage Improvements"} that are contemplated by the Town of Vail as part of the overall streetscape plan for that road. SPI agrees to participate in the cost of these improvements, paying one-third of the cost associated with the EMD Drainage Improvements.. SPI's share of the EMD Drainage Improvements is $11,1.37.50 based upon the following cost estimate: • Storm drainage piping - 450 linear feet @ $35/LF = $15,754 • Inlets and manholes - 6 G~ $3000 each = $1$.000 Total Improvement $33,750 Sonnenalp Share $11,137.50 C. Mitigation Fee The Town of Vail (Public Works) has developed an impact fee program (not adopted by ordinance}. A traffic report was required. far this project the intent afwhich was to determine the net increase in PM peak traffic. Fox Higgins Transportation Group prepared a report based the net change in project improvements using the IT9E Manual. That report indicates that only 3 new vehicular trips are being generated by the project due to all of the existing uses that are being. demolished (i.e., 60 hotel rooms, Swiss Chalet Restaurant, conference rooms, etc.}. Based on the impact fee program, the fee would be $15,400. Regardless of the fee amount, the Sonnenalp Project is implementing a substantial portion of the Town's streetscape redevelopment plan of which a significant portion of the Town's plan uses Sonnenalp Property. Uur fatal contribution to the Town's streetscape plan is over $404,400 in actual construction improvements and cash to the Town. Since SPI's contribution is far in excess of the proposed fee, SPI is therefore not required to provide additional funds for mitigation. • 4 D_ SPI's Total Contribution {or Improveme~ats Beyond Limits afConstruction The total SPI contribution far offsite irrrprovements (as detailed above) which are aastside of the corastructian limits of the Sonnenalp Project is $39,46().50. IV. Phasing T'he construction activities and improvements within the limits afconstruction shall occur as part ofthe SPI's construction project. Those improvements will be completed prior to a Certificate of Occupancy being issued for the final phase of construction. A rr~ore definitive schedule of streetscape improvements will be coordinated with the Town's Community Development Department. It is uncertain as to the Town's schedule for redeveloping the remainder of E. Meadow Drive and Willow Bridge Road. Therefore, SPI shall post a bondlcash deposi.U`letter of credit for 539,464.5 (at building permit issuance} to fund the Town Improvements beyond the limits of construction for which SPI is required to contribute funds. If the Town decides to move forward with its streetscape improvements on the same schedule as the SPI's project, then every effort will be made to coordinate the two projects. Improvements beyond the limits of construction will be contracted separately by the Town of Vail. V. Extent of Public improvements This MOU contains the total extent of public improvements required far the Sonnenalp Project. SPI shall not be required additional public improvements beyond those contained herein. SPI responsibility for improvements beyond the limits of construction of the Sonnenalp Project shall be limited to the dollar amounts indicated in Section III of this MUU. Vi. Termination of M[3iJ If the Sonnenalp Project is not constructed, this MQU shall automatically terminate and be null and Ovoid. s 5 • • Executed as of the date Town of Vail Colorado municipality By: Printed Name: Title: SONNENALP PROPERTIES, INC. a a Colorado corporation By: Johannes Faessler, President STATE OF COLORADO } ss. COUNTY OF EAGLE ) Acknowledged, subscribed and sworn to before me on this _ day of 2QQ3, by Johannes Faessler, President of Sonnenalp Properties, Inc. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Acknowledged, subscribed and sworn to before me on this day of ~OQ3, by , for the Town of Vail. Witness my hand and official seal, My Cammissiatt expires: Notary Public • 6 ~t n 'I ~ 4 ' ~ I~I ~ ~ { '~ ~~~pvwkJ ~ ~ Y T I ~ ~~~ ..,,.... ~ 8 ~..~ @I ~. M~75 r~tM[N1~49M ~~~~~ ~T `1 ~ ~ ~ '~ a:x ~1a~~' Ali E J~~' - -==~=',~ J ~ a I r,., ~ ~~~. ~ 1 ~ ~ ~ < r ~ .r ,~ } f, f ~ ~ l ~~ ,~ ~ ~ ', r ' ~~ ~ ~~ ~~ ii r ~ ,: %' ~ ,_ ° j t ~ 7 ~; ~ t ~ t 1 -- -r i ,.s Jt~~=~ r ~j 1 ~1 i, ~ 1 ~ ~~~ ~ y~ ~~~~. ~__. 'E. ~~ '~ ~ I~ ~_~ • '~~ `.. t `~ ~ ;~ l7~___- ~~ ~y ~ ~~ °~ ~ ,, ~ 'C~ S` '`~`,'_ I ' ,'` ~,~ , ~ f' ~ r ti ~ , \ lam. ~ I . ~^• ~v~ iY' ~~ L ~ 7(~ ~ ~ Y ~., ~ i ,° ~~.--rte '+ t~ ~~ '.-~ 4 + ti ~~ ;~ ~ ~ ., ~ +~ f r-~ ~ , ~ , f tr - . _.-- _..~-- ~~ '1 _ ____--~_-.`_ ~+ a~ _ _ s -~" f ~ Igp g: j I g~ ~IY4i ~!£££ ~~a£i ~ 3hYfSln tiYn / ~ ilw i{ y~ ~~s) ~~7r ~j~7! ~~ x3Mvt'7/S'ti-va5 M3~N£ls/fNU6749r~7'3-t7Oli dAtlr'n3Wr~(105 ~ ~ ~ ~1 ~ ~F e ~~. 3 ~ ~,d t ;~71 ~~1,<l~~O ~~d3Y3NYVoJ fl __ '~,G ~~ -~ 9 ~ ~1 ;' ~ , ~' V ~~ r 9 I bl ~ f I 1 i • • 4~3Q ~ 't P o '/ - ~ Y ~! !~~ f ;L f : ~ ~ ~ ,~ r ~ , i r !i ~ V / / i ~, ~ r'' - ~ r ~~ * / r ~ , I ~ ~. .. rl 1~ 4 1 ! ;~ ~ ;: ~' £~~ ~ ~ -~~~~ ~1 a ,,-~ ~~~_ I ~- ~__. ~, ~--- `~ ~ ~ ~, ~~ ~ ~~ t ~ I^ u F- ~l /~ o , y, ^% ~ ~ ; ~ ~ 3 z,_ , J ! ~ ~ ~R ~ ~!r is ~ ~ ~ . ~~', I ~ ! ~~, ,.. f I ~ (~ r ~ ' ~I "~ i ~' p ,I ` 'j` F ~, I ~~ 1 ~' ~ ~ ~.G ! \\_ ~ ~, ~ ~ ._ ~ r ~ ~r : \ ~ '` . , ~ - " ~. _ ~ \ -. ~,-..~ r ~ ~~ ~ ~ ~ , r, {, E ~ g ' ~ ~ ~ .~ ~ ~~ ~ ~ 1~~ ~ `` ~ .~~ ` \ ~* `~ ~ J~'~~ ~I' 1," 1VIE?~'~ORANDUM TO: Community Development Department FROM: Public Works Department DATE: April 4, 2003 RE: Sonnenalp Resort Comments ]. ]'F Sata Flaodplain study should be updated to reflect new changes in Poal area gradingfwalls etc.. Z. Loading and Delivery: a. Must be provided within property b. Not in front. setback c. All turning movements must be accommodated within the property. (i.e. backup & turn- around) d. The minimum bay size. is 12x25, for this facility we will require 1-12x54, 2-12x35, plus trash.. Existing Loading delivery only provides 1-12'x44', 2-12'x30'. After accommodating the 12'x 50' spat two way drive aisle is narrowed to 16', thus inadequate. Please provide turning movements for trucks. Loading. dock ramp •is at 30°/n r 3. PA Zane disuict requires a traffic mitigation of $54001 each net Pm peak trip. May be offset by improvements. Credit for additional loading. 4. Please provide an updated traffic study that c~,~~.~~onds to the numbers the Town of Vail uses far development projects. 5. Please provide a drainage study. 6. Please note that all valet spaces need to be accessible. Valet spaces must be a min. of 8x18' {parallel should be 9'x20'), tandem parking is allowed. Without a staging area for moving cars around, no snare then tandem parking will be allowed. Currently the valet spaces only function when 6 cars are moved to get one. Currently there i5 no place to stage these 6 moved cars safely. 7. Show all grades, drainage and connections for parking structure drainage, A sandlai3 separator will be required for the structure. S. Show all existing storm sewer and where they daylight. Information on plan is incatnplete. 9. Provide a utility relaeatian plan 10. Stag drain under building needs to be relocated and tied to system on Vai] Rd. Shading of roadway will regtrire drainage system to collect water quicker off the surface and be put into storm sti~stem. I I. Provide pedestrian easement along East Meadow Dove, within property. 1Z. Developer to incorporate Public Art needs to coordinate with A1PP. 13. Developer to incorporate streetscape improvements along entire frontage plus tie in beyond. Streetscape to match Town of Vail plan, improvements to include all work, drainage improvements, planter wails, lighting, street furniture, walls, pavements and heat if required etc... 14, Provide 30" sign easement. Final site plan to be consistent with and coordinated with the East Meadow Drive Streetscape design. 15. Lighting plan: Number of architectural light fixtures is excessive and inconsistent with the streetscape plans. Fixtures have exposed light source this will cause considerable glare. Applicant should consider having a professional lighting design and washing walls with concealed light source. Lighting of the street can be accoml}fished through the streetscape design. 1G. Please show all proposed drainage, grading including landscape drains, roof drains eic...and ~vherc they are piped and dayliglste:d to. Shaw Proposed inlet elevations as well as inverts. A pan shall be required along t3ze west side of Willow 13r'sdge Rd. to carry water to the budge, an inlet may also be rcgtsired. See drainage srtaster plan. Attachment: G 17. A pan/curb profile wil3 be regained from the intersection of Vail Rd. to the limit afconstsuction near tNillow Bridge. This profile shall be consistent with the Eas# Meadow Drive Streetscape plans. 18. Please show additional finished eleva#ion shots and grades(x-slope and longitudinal} on sidewalks to confirm grading. 1~1. Show limits of disturbance line and provide construction fencing, 20. -A PE designed Erosion and sediment control plan will be required along with a Storm water discharge permit filed with the CDPI-i)~. 21. Provide a Construction a~reemenE with the Talisman. 22. Baw will the deep excavations be supported as to not to impact Tou~~a or private property? 23. All two-way drive aisles in the parking structure shall have a min. 24' width. The western most parking spaces in the south aisle below the Swiss house will need adequate turnaround area, this dove aisle scales at 23.5', needs to be 24' in width. 24. Light Pole directly in front of octagon should be relocated to relate architecture. 25. The relocated drop off area narrows two way drive aisle to 15', thus inadequate. Needs to be 24' drive aisle. 26. Talisman surface parking shall be accessed from the structure below, Only Eire access shall corns off of East Meadow Drive_ 27_ Wall heights in Pool area exceed rruaxmum height of b'. Please redesign. The following is a summary of Public works conditions and assumptions: 1. if solo and Associates will need to update the ~laodplain study and verify that their study dated Oct_ 2$a' , 202 is still app1ieable to the new updated plans. PI;C approval for grading in the flaodplain and a post construction survey will be required_ Public works recommends that the floodlilain line not encroach any further on the streammct than the existing adapted #]oodplain Sine.. 2. The Sonnenalp has not met the Public Works Loading and delivery requirements nor have the}~ shown tz~ming movements an the plans. This may result in a future rec,.,a.u,.,endation of denial. 3. Public Works recommends that all Talisman vehicular access is made from the underground parking structure and NQT from lvleadaw Drive. This may result in a furuse recommendation of denial. 4. The Sorunenalp has not submitted a preliminary drainage study that addresses location. and size of an engineered drainage system to accommodate site drainage and East Meadow Drive drainage that currently crosses the site in an existing pipe. Failure to complete this study and shave the resulting impacts results in a recomrrtertdatian of a denial. 5. T)te Sotu-tenalp will be required to construct all public improvements within the southern and western one third of Town of Vail ROW an )vast Meadow Drive and Willow Bride Rd. and ii will be coordinated and approved along with the Towns sireetscape plans. 6. According to the plans the Sonnenalp will not have to relocate any utility lines that will impact off site improvements beyond the above mentioned construction limits. 7. All construction ternporary(i.e. shoring) and permanent will be required to remain within the above mentioned construction limits. 8. All necessary permits Wilk be acquired by the Sannenalp prior to eanstruetion (i.e. ALOE, CDPI-lE Stormwater discharge permit, ROV,i permit, revocable ROW permit, etc...j 9_ All necessary agreements and easements will be in place prior to construction. 30. 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Kira^aati~+~vN~wr~a ~~~~ FF .J..31b'H~ SSIM5 '~~ ~ • ~~ • ~: i i a ~ • • • 5i ~;5~~ ~SdiE ~~~a WYy670J"MVA 4~'°"}Ol :~ ~ z dean v~°~~ ~ ~ro~wa~~~a+~~rM~v~e~ ~ ~ , ~ ~1~,i ~~~„ ~~~~v, i 13~b~H~ SSIMS ~~ pp =~~a ~~ ~: r • • • jj n .p , i ~ 8 . _ V `~ e Y 1WPOna Mf ~N F'~ i~ ~ ~ } ~~~~ /. .~-, .rf. .Y A 1 ~9~A 1 ~ .., .~ MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May ~ 2, 2003 SUBJECT: A work session to discuss the question of whether it is acceptable to convert retail space to Gross Residential Floor Area (GRFA} in Special Development District #6 (SDD No. fi) zone district, specifically, within the Alpenrose Restaurant, 100 E. Meadow Drive, Lot 0, Block 5E, Vail Village 1ST Filing. Applicant: Ted Leach, represented by David Baum of Fritzlen Pierce Planner: Matt Gennett SUMMARY Staff has requested a work session with the PEC to ask whether it is supportive of the concept behind the applicant's proposal, which is to turn 700 square feet of commercial, restaurant space into GRFA, and add an additional 1,432 of GRFA and gross square footage to SDD No. fi to create a residential dwelling unit above the Alpenrose restaurant space (totaling 2,132 sq ft of GRFA}. II. DESCRIPTION OF THE REQUEST The applicant, Ted Leach, represented by David Baum of Fritzlen Pierce, is requesting a major amendment to SDD No. 6, Vail Village Inn, Phase !, to allow far 2,132 sq ft of GRFA for a new residence to be located above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located on the second floor of the restaurant, and making it part of the new proposed residence, which will encompass a modified third floor as well. The applicant is proposing an increase in dwelling units (DU) per acre for SDD Na. 6 from an existing 12.75 DU per acre to 13 DU per acre. if approved, the total GRFA of SDD Na. fi would increase 2,132 sq ft, from 182,325 square feet to 184,457 square feet, in the form of Unit 5, the proposed new residence. All other zoning standards, such as setbacks, site coverage, and parking, are proposed to remain the same as existing. With the reduction of approximately 700 sq ft of proposed restaurant space, the overall requirement for parking spaces may be reduced as well. The major amendment application is not ready for final approval and has not yet been reviewed by the Design Review Board. The purpose of the work session is to ask the PEC for its collective opinion on the merits of this proposal. Staff is asking the PEC whether it is supportive of the concept of the applicant's proposal, which is to convert 700 square feet of commereial space presently within the Alpenrose Restaurant into GRFA, and to create an additional 1,432 square feet of new GRFA. The proposed new residence is to comprise a total of 2,132 square feet of presently nonexistent GRFA in SDD No. 6 and would be the second dwelling unit in ,~ Phase I, Vail Village Inn. The applicant has stated that the 706 square feet of commercial space to be converted to GRFA has never been functional ar profitable as retail square footage. The restaurant owners have likewise stated that the Alpenrose wiCl function better in its proposed, smaller- capacity form. 111. BACKGROUND In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development district Na. 6, Vail Village Inn. Project History The following is a summary of fhe exlsfing phases and development far the Vai! Village !nn Special Development District {SDD No. 6~: Phase I -This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine comrnerciallretail spaces. The original development plan for Phase l called for 16,928 square feet of commercial space, and no GRFA. The Alpenrose Restaurant is part of Phase i. • Phase II -This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercialfretailspoces. Phase 11 is generally located in the center of the District- Phase lil -This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six camrnerciallretaiCspoces. Phase IIC is located at the northeast corner of the District. Phase IV -This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,006 square feet in size and seventy- two accommodation units comprising approximately 16,585 square feet of floor area, Phase IV is generally located in the northwest corner of the District. Phase V -This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commerciallretail spaces- Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. Ordinance No. 1, Series of 1985 (March, 1985) granted 120,606 square feet of GRFA to SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs) and 72,400 square feet of GRFA, devoted entirely to AUs in. Phase IV_ Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The amendment allowed Phase iV to be broken into two distinct and separate phases, which were called Phase CV and Phase V, This ordinance aCso set the maximum GRFA for the SDD at 120,660 square feet. Further, the ordinance required a minimum of 148 AUs and 2 i 67,367 square feet of GRFA devoted to AUs in Phases IV and V. Ordinance Nv. 24, Series of 1989 {November, 1989} amended the density section of SDD No_ 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of 124,527 square feet. This allowed Unit No. 30 {originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The space consists of 3,927 square feet of GRFA, and the conversion to residential use has been completed. This ordinance also maintained the approval far a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases IV and V of SDD No. 6. In 2600, a major amendment to Special Development District No. 6 was approved to aAaw for the redevelopment of the Vail Village lnn. Ordinance Na. 15, Series of 2001 adopted a revised Approved Development Plan for Phase II, which brought the total allowable GRFA far the entire SDD #6 to 121 %, or 182,325 square feet. Ordinance No. 21, Series of 2001 adapted a revised Approved Development Plan far Phase 1V, and did not specify, in the form of a revised Approved Development Plan, the total allowable GRFA for the entirety of SDD No. 6. IV. DISCUSSION ITEM Ordinance No. 24, Series of 1089, enabled the conversion of commercial space to retail and created the one dwelling unit that exists in Phase I, Vail Village Inn, as detailed in Section III of this memorandum, and is the most pertinent example of a similar amendment being previously granted. V. ROLES (~F REVIEWING UODIES Special Development District and Major Amendment Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission far impacts of useldevelapment, then by the Design Review Board for compliance of proposed buildings and site planning, and final approval by the Town Council, Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission sha{1 review the proposal for and make a recommendation to the Town Council on the following: • Permitted, aCCe55ary, and conditional uses • Development standards including, lat. area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking • Evaluation of design criteria as follows {as applicable}: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, charac#er, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter ,Vail Town Code. D. Comprehensive Pian: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural andlor Geologic Hazard; Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and. overall aesthetic quality of the camrnunity. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing an and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that wiCl maintain a workable, functional and efficient relationship throughout the development of the special development district. Design Review Board: The Design Review Board has no review authority on a Special Developmen# District proposal, but must review any accompanying Design Review Board application. The Design Review Board review of a Special Development District prior to Town Council approval is purely advisory in nature. The Design Review Board is responsible for evaluating the Design Review Board proposal: • Architectural compatibility with other structures, the land and surroundings • Fitting buildings into landscape • Configuration of building and grading of a site which respects the topography • RemovallPreservation of trees and native vegetation • Adequate provision far snow storage on-site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • Circulation and access to a site including parking, and site distances • Location and design of satellite dishes • Prevision of outdoor lighting • Compliance with the architectural design guidelines of the Lianshead Redevelopment Master Plan Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans oonform to the technical requirements of the Zoning Regulations. The staff also advises the 4 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, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible far final approvalldenial of an amendment to a Special Development District. The Town Council shall review the proposal for the following: Permitted, accessory, and conditional uses Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking Evaluation of design criteria as follows (as applicable}: A, Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship; Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity, C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter ~ 0, Vail Town Code. D. Comprehensive Plan: Conformity with applicable elements of the Vail E. Comprehensive Plan, Town policies and urban design plans. Natural andlor Geologic Hazard: Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. VI. APPLlCAl3L)= PLANNING D(3CUME~ITS According to Chapter 12-9A, a major amendment to a special development. district is defined as: IVIAJDR AMENDM,EIUT (PEC AN,C/(7R COUIv'CIL REVIEW): Any proposal to change uses; increase grass residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special developmenf district (other than "miner amendments" as defined in this Section), except as provided under Sections 12-15-4, "Inferior Conversi©ns° or 12-15-5, "Gross Residential Floor Area {25© Ordinance)" of this Title. Chapter 12-9, Vail Town Code, provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, Vail Town Code, the purpose of a Special Development District is as follows' "To encourage flexibility and creativity in the development of land, in order to promote its mast appropriate use; to improve the design characterand qualityofthe new development within the T©wn; to facilifate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Levelopment District, r'n conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. " An approved development plan is the principa! document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations; vicinity plan; parking plan; preliminary open spacellandscape plan; densities; and permitted, conditional, and accessory uses. The Town Code provides nine design criteria that shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant #o demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved.. Vil. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character,. visual integrity and orientation. 8. Uses, activity and densi#y which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. D, Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6 F. Site plan, building design and location and vpen space provisions designed to produce a functional development responsive and sensitive to natura! features, vegetation and overall aesthetic quality of the community. G. A circulation system. designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special. development district. VIII, STAFF RECOMIVIENC1ATIaN Staff recommends that the PEC considers the information in this memorandum to answer the question of the concept of the applicant's proposal, which is to convert 700 square feet of commercial space into GRFA, and to create an additional 1,432 square feet of new GRFA, is acceptable. The proposed amendment would allow a total of 2,132 square feet of new GRFA, and 1,432 square feet of t©tal gr©ss square footage, in SDD No. 6. IX. ATTACHMENTS A. Ordinance No. 21, Series of 2001 B. Ordinance No. 15, Series of 2000 {& Exhibit A) C. Sectian 9.D. of Ordinance No. 44, Series of 1083 D. Vail Village Inn, Chapter 18.50, Special Development District 6 {SDD6) E. Public Notice F. Applicant's Letter of Request G, Reduced Floor Plan ~ Elevations • Attachment: A ORDINANCE. N0.21 SERIES OF 2DD1 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT t)1STRICT NO. fi, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH DETAILS IN REGARD THERETO, WHI=REAS, In 1J76, the Vail Town Council adopted Ordinanve No. 7, Series of 1975, establishing Special Development District Nv. 6, Vai! ViClage Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to . , previously Approved Development Plans for Special Development Districts; and WHEREAS, Daymer Corporation, as owner of the Phase RV property, has submitted an application for a revised major amendment to Special Development District No. 6, Vail Village Inn, Phase IV; and WHEREAS, Daymer Corporation has submitted this new application for a major amendment to Specie! Development a=listrict No. 6 in response tv an alleged error in the public notification of a previously he6d public hearing, and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan far the Vail Village inn Special Development District, Phase IV to alViaw for the construe#ion of the Vail Plaza Hotel; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing an the major amendment application; and WHERI=AS, the Planning & Environmental Commission has reviewed the prescr"abed criteria for a major amendment. and has submitted its recommendation of appraval and findings to the Vail Town Council; and WHEREAS, a!I public notices as required by the Town of Vail Gode have been published and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best Interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 5, Vail Village Inn, Phase IV, Vail Plaza Hotel; and • 1 Ordinance No. 25, Series of 2001 WHEREAS, the approval of tfie major amendment to Special Development District No. 6, Vail Village Inn, Phase iV, Vail Plaza Hotel and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY TFiE TOWN COCiNCIL t~F THE TOWN OF VAI'L, COLORADO, THAT: Section 1. Pumose of the Ordinance The purpose of Ordinance Na. 21, Series of 2001, is to adopt a revised Approved Development Plan for Special Development District Na. 6, Vail Village lnn, Phase N, Vail Plaza Hotel. The Approved Development Plans for Phases I, 611 & V remain approved and unchanged for the deveioprnent of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan far Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures Fulfilled. Planning Commission Resort The approval procedures described in 5sction 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Tawn Council has received the recommendation of the Planning & Environmental Commission for a major amendment to the Approved pevelopment Plan for Special Development District Na. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel Requests for amendments to the Approved Development Plan shall faAaw the procedures outlined in Section 12-9A of the Vail Municipal Code.. Section 3. Special Development District No, fi The Special Development bistriat and the major amendment io the Approved Development Plan for Phase 1V are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of khe Town, provide adequate open space and recreation amenities, and promote the goals, objectives and pofrcies of the Town of Vail Comprehensive Plan. Special Development District Na. B is regarded as being complementary t4 the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspecks of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards - 5peciai Development District No. 6, Vail Village lnn, Phase IY, Yail Plaza HoteE • ardinanne No. 27, Series of 2001 Development Pian- The Approved Development Plan for Special Development District No. 6, Vail Village Inn., Phase IV, Vail Plaza Hotel shall include the fiollowing plans and materials prepared by Zehren and Associates. Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated April 18, 2000: (as may be #urther revised by the Town of Vail Design Review Boardj A. Site Illustrative Pian 8. Site 4rrgnettes Key Plan (noted "for illustra#ion purposes orrly"j C. Site Vignettes D, Site Plan (revised} E. Level Minus Two F. Level Minus CJn® G. Level Zero H. Level One 1. Level One 8.112 J. Level Two K. Level Three L Level Four • M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment} Q. Street Sections (Vail Road ElevationlNorth Frontage Raad Elevation] R. Plaza Sections {South Plaza ElevationlEast Plaza J=levationj S. Building A Elevations T. Building A Sections U. Building S Elevations V. Building B Sections IN. Building Heighk Plan 1 (Absolute Heightsllnterpolated Contours] X. Building Height Plan 2 (Maximum Height Above Grade/lnterpplated Contours) Y. Pool Study (Pool Sections) Z. Veil Road Setback Study AA. Loading and Delivery plan Ortlinance No. 21, Series of 2001 3 BB. Street Entry Studies (Vail Roadl5outh Frontage Road) CC. Sun Study DD. Landscape Improvements Plan EE. Off-site Improvements Plan Permitted Uses- The permitted uses in Phase IV of Special Development District No. fi shall be as set forth in Section 12-7 of the Vaii Town Code. Conditional Uses- Conditional uses 'for Phase N shall be set forth in 'Section 12-7A-3 of the Town of Vail Zoning Regulations. A[I conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of . the Town of Vail Zoning Regulations. Density-- Units per Acre -Dwelling Unitsr Accommodation Units, & Fractional Fee Club Units • The nu€nber of units permitted in Phase IV shall not exceed the following: Dwelling Units -1 Accommodation Units - 99 Fractional Fee Club Units - S4 Type III Employee t-lousing Units -18 (38 employee beds totaling '9,618 square feet of floor area] density- Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks- Required setbacks for Phase 1V shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Val Road shall be a minimum of 16'. Height-- The maximum building height for Phase 1V shalt be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (vrhichever is more restrictive), at any given paint to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. r Site Coverage- Ordinance No. 2i, Series at 2DD4 4 The maximum allowable site coverage for Phase IV shall be as set forth in the Approved Revelopment Plans referenced in Section 4 of this ordinance. Landscaping- The minimum landscape area requirement far Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths tar Phase IV shall be provided as set forth in the Approved Ievelopment Plans referenced in Section 4 of this ordinance. In no instance shall Vait Road or the South Frontage Road be used for loadingJdelivr:ry or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant., occupant or user of the but{ding for which the space, spaces or area are required to tae provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not prohibi4 the temporary use of the parking spaces for euents or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Aooroval Aoreements for 5oecial Deveiooment District No. 6. Phase IV, Vail Plaza hotel '!. That the Developer submits detailed civil engineering drawings of the required off-site improvements street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 2. That the Developer submits a detailed final landscape plan and final architectural elevations for review and approval of the Town of Vail Design Review Board, prior to application for a building permit. 3. The SDD approval time requirements and limitations of Section 12-9A-12 shall apply to Ordinance hlo. 21, Series of 2afl1. In addition, the phasing of the construction of the hoteE shall not be permitted. 4. Thal the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application far the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; 5 Drdinance No. 21, Series at FDD1 c_ A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Gontral Ptan_ 5. That the Developer receives a conditional use permit to allow for the construction of 1$, Type III Employee Housing Units in Phase IV of the District, in accordance with Chapter 12-16, prior to the issuance of a building permit, for the housing of 38 employees iotaling 9,518 square fleet of fioor area.. fi. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access. permit, prior to application for a building permit, 7. That the Developer meets with the Town staff to prepare a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of an ordinance approving the major amendment. 8. That the Developee submits a complete sek of plans responding ko the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to iGeorge Bother, dated 12113!99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to final Design Review Board approval, 9. That the developer records a public pedestrian easement between the hole( and the Phase 111 Condominiums and between the Phase V Building property Eines. The easement shall be prepared by the developer and submitted for review and approval of the Tawn Attorney. The easement shall be recorded with the Eagie County Clerk ~ Recorder's Office prior to the issuance of a Temporary Certificate of Uccupancy. 1t7. That the Developer record adeed-restriction, which the Town 9s a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Tawn that adequate provisions - far vehicle parking have been made to accommodate the public use of the spa. The restriction shalC be recorded prior to the issuance of a building permit. 11. That the Developer submits a final exterior building. materials list, a typical wall-section and complete color rendering for review and approval of the Design Review Board, prior to making an application for a building permit. • B C7rdinance r3o. 21. Series of 2401 12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel far review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 13. That the Developer submits a roofatap mechanical equipment plan for review and approval of the Design Review Board prior to the issuance of a building permit. All roof-tap mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from public view. 14. That the Developer posts a bond with. the Town of Vail to provide financial security for the 125% of the total cast of the required off-site public improvements. The bond shall be in place with fhe Town prior to the issuance of a building permit. 15. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 16. That the Developer studies and redesigns the entrance an the north side of the 'hostel across tram the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. The final design shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. 17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Motel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval', prior to the issuance of a building permit. 18. That the Lteveloper revises the proposed floor plans for the Vail Plaza !Hotel to provide freight elevator access to the lowest level of the parking structure. The revised plans shall be submitted to the Town of Vail Community Development Department for review and approval prier to the issuanoe of a building permit. 19. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct cleft-turn lane on Vail Raad and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the laadingldelivery. The construction shall be completed prior to the issuance ai a Temporary Certificate of Qccupancy. 20. That the Developer provides a centralized load'sngfdelivery facility fior the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be 7 Ordinance tea. 21. SenES of 200i unduly restricted for Special Development District Na. 6. The loadingldelivery facility, including blic andfor il bl f r d b a e a pu e ava e ma decks, berths., freight elevators, service corridors, a#c., may private loadingldelivery programs, sanctioned by the Town of Vail, to mitigate loadingldelivery impacts upan the Vail Village loadingldelivery system. The use of the facility shall only be permitted upan a finding by the Tawn of Vail and the 6eveloper that excess capacity exists. The Developer will be compensated by the Town of Vail andlor others far the common use ofi the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Tawn of Vail. 21. That the Developer submits a written letter of approval from adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the ho#el, prier to the issuance of a building permit. 22. Tha# the Developer executes a Developer Improvement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building permit. 23. That the Developer record Type Ill deed-restrictions of each of the required employee housing units,.with the Eagle County Clerk S~ Recorder's Office, prior to the issuance of a Temporary Certificate of e7ccupancy. 24. That the required Type III deed restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with the deed to the hotel property. Section ti. Aooroval Expiration: Time Limitations The Developer must begin initial construction of the special development district by no later than May 1, 20Q3, and continue diligently toward the completion of the project. If the Developer does not begin initial construction and diligently work toward the completion of the special development district within the time omit imposed above, the approval of said special development district shall became null and - :. VOId. $~Ction 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares ii would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. C: 8 Osdinance No. 21, genes of 2Q01 - Section $. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not. revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances,. or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRO[}UCED, READ ON FIRST READING, APPRQVED, AND ORDERED PUBLISHED ONCE 1N FULL flN 'FIRST READING this 21~ day of August, 2D01, and a pubic hearing for second reading of this Ordinance set for the 4"' day of September, 2(301, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPRI~VED ON SECOND READING AND ORDERED PUBLISHED this 4t" day of September, 2t7D1. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk • 9 ordinance Na. 2t, Series of 2001 Attachment: B ORDWANCE NO. i5 SERIES OF 20t1t AN ORDINANCE ADOPTING A REVISED APPROVED D~EVELQPlWI1=NT FLAN FOR SPECIAL DEVELOPMENT DISTRICT N0. 6, VAIL VILLAGE INN, PHASE II, TO ALLOW FOR TF{E CONSOLIDATION OF TWO EXISTING RESIDENTIAL bWELLING UN[TS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development Ristrict Nv. 6, Vail Village Inn; and WI-IEREAS, Section 1 Z-9A-1t3 of the Zoning Regul.alions permits major amendments to previously Approved Development Plans for Speoial Development Districts; and WHEREAS, Patricia and Gerardo Schroeder, as owners of the subject Phase II property, have submitted an application for a major amendment to Special Developmen# District No. 6, Vail Village Inn, Phase II; and WI~EREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village Inn Special Development District, Phase Il to allow for the consolidation of two existing residential dweAing units; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vaii Comprehensive Plan; and Wt1EREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application; and WHEREAS, the Planning ~ Environmental Gommissivn has reviewed the prescribed criferia for a major arnendment and has submitted its recommendation of approval to the Vail Town Council; and' . WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town CauneA considers it in the best interest of the public health, .. safety, and welfare to adapt the revised Approved Development Plan for Special Development District No. 6, Vail Village Inn,. Phase II; and • Whereas, the approval of the major amendment to Special Development District No. fi, Vail Village inn, Phase 11 and the development standards. in regard thereto shall not establish preeedence or entitlements elsewhere w'sthin the Town of Vail; and Whereas, the Vail lawn Council finds that the proposed major amendment to Special Development District #6, Vail ViPlage Inn, complies with the nine design criteria outlined in Section 12-9A_g of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfiaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outvueighed by the public benefits provided or has demonstrated that fine ar more of the development standards is not applicable, ar that a practical solution consistent with the public interest has been achieved- NOW, THEREFORE, 13E IT ORDAIN]=D SY THE TOWN COU>UCtL OF THE TOWN OF VAIL, COLORADO, T}iAT: Section 9. Purpose of the Ordinance The purpose of Ordinance Na. 4, Series of 20L1Cl, is to adopt a revised Approved Development PSan far Special Development District No. 6, Vail ViAage lnn, Phase II. The Approved Development Plans far Phases 1, lll, IV & V remain approved and unchanged for the development of Special Deveiapment District Na. fi vuithin the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan far Phase I l is hereby amended and adapted. Section 2. Amendment Procedures Fulfilled. Planning Commission Resort The approval procedures described in 5eetion 12-9A a# the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning 8~ Environmental Commission of approval for a major amendment to the Approved Development Plan far Special Development District No. 6, Vail Village Inn, Phase ll. Requests for amendments to the Approved Development Plan shal6 fallow the procedures outlined in Section 12-9A of the Vail Municipal Code. . Section 3. 5oecia9 Develo~ament Qistrict No. 6 The Special Development District and the Major Amendment to the Approved Development Plan for Phase Il are established to assure comprehensive development and use of the area in a manner that would be harmonious wikh fhe genera9 character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District Nv. 6 is regarded as being complementary tv the Town of Vail by the Vail Tawn Gaun~l and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Sectifln ~. Develanment Standards -Special Development District No. 6, Vail Village Inn, Phase 11 Development Plan- . The Approved Development Plan far Special Development District Na. B, Vail Village Inn, Phase II, prepared by Royston, Hanamvty, Back and Abey on February 12, 197f>, shall be hereby amended to include the following plan amendments prepared by Fritzlen Pierce Architects, 6nc., dated May 25, 2011 and stamped approved by the Tvwn of Vail, dated August 7, 2fl01: A. Proposed Entry Plan; 4 S. Proposed Second Leve9 Plan; G. Proposed Third 'Level Plan; D. Proposed Rvof Plan; E. Proposed South Elevation; F. Proposed North Elevation; C. Proposed West Elevation, Permitted Uses -- The permitted uses in Phase II of Special Development District No. 6 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses -- Cvnditianal uses far Phase II shall be set forth in Section 12-7A-3 of the Tawn of Vail Zoning Regulations. Ali conditional uses shall be reviewed per the procedures as outlined in Chapter t2- 16 of the Town of Vail honing Regulations.. Density-- Units per Acre -Dwelling Units The number of units permitted in Phase I I shall not exceed the following: Dwelling Units -Two 3 Density- Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase li shall be as set forth in the Approved Development Pions referenced in Section 4 of this ordinance. Specifically: dross Residential FEoor Area: 4,098 square feet +/ommercial Floor Area: 6,473 square feet Setbacks-- Required setbacks for Phase IE shall be as set forth in the Approued Development Plans referenced in Section 4 of this ordinance. Height-- . The maximum building height for Phase 11 shalt be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance- For the purposes of SDD Na. 6, Phase li, calculations of height shall mean the distance measured vertically from the existing grade or finished grade whichever is more restrictive), at any given paint to the top of a fiiat roof, or mansard roof, or iv the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage- - The maximum allowable site coverage for Phase 11 shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping-- The minimum landscape area requirement for Phase II shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The reauired number of off-street parking spaces and loadingldelivery berths for Phase I{ shall. be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. [n no instance shall Vail Road or the South Frontage Road be used far loadingldelivery or guest drop-offlpick-up without the prier written approval of the Tawn of Vail, The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant ar user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances 4 of the Town. `f'the foregoing language shall not prohibit the temporary use of the parking spaces far events or uses outside of the building, subject to the approval of the Town of Vail `• Section 5. Anoroval Aoreements for Special 'Development District No. 6. Phase II , 1. The applicant shall submit a revised condominium map to reflect the approved amendment for reuiew and approval by town staff 6y no later than June 25, 2dfl2. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Tawn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardkess of the fact that any one or more-parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. ' The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the of{ective date hereof. any prosecution cvmmenced, nor any other action or proceedng as commenced under or by wirtue of the provision repeaied or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shaA not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ Ott FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this 1Q'" day of July, 20D1, and a public hearing for second reading of this Ordinance set far the 7" day of August, 2DD1, in the Council Charrabers of the Vail Municipal Building, Vail, Cofarada. k ~~ ~~ _ ~E~L ~~ ~ Ludwig 6Curz, Mayor €~" ATTEST: '`~~~;,~'~' [~Rr~~'dtis~ •"'~ruuu,i;~w,o°r Lorelei Donaldson, Town Clerk - READ AND APPROVED ON SECOND READING AND ORDER)=D PUBLISHED this 7'" day ©f - - August. 2DD1. ~r~ ,.„o,~-,. w ~ ~' ~ ~ y ^V - a E A L .+f Ludwig Kurz. Mayor F ATTEST: ,~ .h~~ ' ~~elei Donaldson, Town Clerk ~ ~i •i • 6 i` EXHIBIT A ZONING /DEVELOPMENT STATISTICS - SCMROEDER MAJOR 5DD #6 AMENDMENT Lot size: 3.45 acres or 150,282 sq. ft. (All Phases) Deaelopment 20QQ 5DD Major 2QQ1 Schroeder Standard Amendment Approval Maior Amendment Lot Area: 150,282 sq. ft. no change Total SDDfi GRFA: 121% or 181,719 sq.fit. 121% or 182,325 sq. ft. Phase I! GRFA: 3,927 sq. ft. 4,533 sq. ft. Unit 335/337 GRFA: 1,647 sq. ft. 2,253 sq, fit. Dwelling units per acre: 13.0 dulacre 12.75 dulacre Site coverage: 61 % or 92,03fi sq, ft. no change Setbacks: front: 16' no change sides: 5', 2', & 0' no change rear. 5' no change Height: 77.25' sRoping no change Parking: 291 parking spaces no change Loading: fie berths no change Commercial sq. footage: 25% of GRFA or 45,228 sq. fit. no change • 1 ~'"~ ,~j~ subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 1S.GO of the z<{unicipal Code of the Town of Vail. _ 5ectivn ft. Accessox~v uses in L-he special district. All accessory uses as defined in the public accommodation district, Chapter 1.8,22 of the Municipal Code of the Town of Vail. Section 9. Aevelapment standards. The following development standards are minimum development standards in special districts: _~ A. Lot area and site dimension. The special distract shall consist of an area totaling 4,005 acres. .. II. Setbacks The required setbacks shall vary as indicated in the ti development plan providing. space for planting and an aceeptalale relationship to adjacent property oieners. Portions of commercial space may abutt the south property line. C. Itci~;l~t It is the intesrt oI the Town Council that the height limits and ranges of the buildings constructed within special development district f6 shoulc] be a. low as possible and as outlined on development plan and model of Gordon 1?. Fierce, Architect. In no event shaTi the average height of the bt~~.ldings canstructed in special development ~G exceed 45 Teet. At tlzc level of detail presently available to the Tatirn Council, it is not realistic to tie down a precise maximum elevation. The final deigns with regard to elevation will depend upon further detailed study ant] projection of the Uuilding mass on to photos aT the actual site condita.4n. It is the intent of this ~ardinance that the height massing of the building develaped in special development district #IG maintain the €]uality and feeling of Vail Village along I:a.st D~eaclo~~~ Drive and that t~'.o scary elevations are the predominant height. T1~is to^o story C'leVatlOn lieiE,l7t can var}! ul~w~rd or dos~antivard by h:~lf a level. D. Density Control, The gross residential floor area deg>oted ' to accommodation units sl~sall exceed the gross residential flour area devoted to dwelling units, I'car a.ll phases of the development, the follv~ving st:~nclards shall :iP1~3y: 17 ~~ ' - Attachment; C -G- Dtivelling or , Phase Accommoda.ti.an Units GR~'A Ii 4 3,315 II1 29 dwelling 44,830 IV 155 accommodation 74,470 ' 3 employee units 2,700 V 10 dwelling 3.Fi, 585 3 employee units -1,000 Pha.~e Commercial sPacelscruare feet I 1~G , 328 square feet 1z ~ fi,473 ~~ ~, lII ~ 10,G00 ~~ ~~ lV 14 , 5flD ~' '~ 6 , 550 " " Total commercial space 54,$53, " Convention space = Total 1G,G11 square feet. ~. Building Dullc Control. Building bu]1t control maximum wall length, maximum dimensions for building elements requirements for wall offsets and vertical stepping o:f roof lines shall 'be indicated on the model of tl~e approved development plan, by Gordon R. Pierce, Architect. 1'. Site Caverage. The site area to be covered by.the buildings shall Ue as generally indicated on the development plan, but in nv case shall it exceed 55 percent of tltie total site area. G. UsaUle apen space. Usable open space shall be provided as required in public accomrnodation district Chapter 18.22 of t-he Vail k}unicipal Code. }l. Landscaping and site development. At least thirty }percent of the total site area shall tie landscaped a.nd plaza area. Landscaping and other site developments shall observe the landscaping concept a.s indicated in the approved development plan. I0. Parking and loading. 1. Panting and loading shall tae provided as set i'orth on the ap}proved development plan. There shall be no lass .than 350 spaces within the main building yr buildings. Attachment: D VAIL VILLAGE INN Chapter J.8.50 SPECIAL DEVELOPMENT DISTRICT 6 (SDD6} Sections: 18.50.D10 Established 7.8,50.020 Purpose 38.50.030 Development Plan---Approval Procedure 18.50..040 Development Plan--Contents 1$.50.050 Permitted Uses 7.8.50.060 Conditional Uses 1.8.50.070 Accessary Uses 18.50.080 Development Standards ?8.50.090 Lot Area and Site Dimensions 18.54.100 Setbacks 18.50.7.10 Distance Between Buildings 18.50.7.20 Height 18.50.130 Density 18.50.140 Building Bulk 18.50.150 Coverage 18.50.160 Cpen Space 18.50.170 Landscaping and Site Development 18.50.380 Parking and Loading 18.50.190 Fireplaces 1.8.50.200 Conservation Controls 7.8.50,210 Recreational Amenities Tax 38.50.220 Limitation on Existence 38.50.230 Amenities. 38.50.010 Established Pursuant to the provisions of Chapters 18.02, 18.40 and 38.66, as amended, Special Development District 6 (SDD6}, a Special Development zone district, is established far the development on a certain parcel of land comprising 3.455 acres in the Vail Village area of the town, and the zoning ordinance and the official zoning map are amended by the addition of this chapter, which shall become Chapter 18.50, the caption of which shall be "Special Development District 6" and a map which shall become an addition to the official zoning map. {Ord 7, 1976; Qrd 8, 1973} 18.50.020 Purpose • • A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and SDDS promote the objectives of the zoning ordinance of the town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the development which cannot be satisfied under the existing zoning. (Ord 14, 1987; ord 7, 1976; Ord 8, 1973) 18.50.030 Development Plan--Approval Procedure A. The development plan f©r the Vail Village lnn, which is part of its application, shall be incorporated by reference, and made a part of Special Development District 6 and constitutes a general plan and guide for development within the special development district. B. Amendments to the approved development plan which da not change its substance and which are fully recommended in a report of the Planning Commission may be approved by the Town Council by resolution. C. The environmental impact report and a supplemental report for each phase of construction which shall be submitted to the zoning administrator in accordance with Chapter 18.56, prior to the commencement of site preparation, building construction, or other improvements of open space. Each phase of the development shall require review and recommendations of the Planning Commission and approval by the Town Counci3. D. Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Chapter 18.54. Each phase shall be reviewed by an outside consultant at the expense of the developer, who shall give their recommendations to the Design Review Board. The development plan shall be amended to reflect architectural detail of each. phase, (Ord 7, 1976; ord 8, 1973) 18.50.040 Development Plan--Contents I t The proposed development plan shall include, but is not limited to, the following data as amended by exhibits provided by consultants Roystson, Hanamoto, Beck and Abey, on February 12, 1976: A. Existing and proposed contours after grading and site development having contour intervals of not more than two feet and preliminary drainage plan. Supplemental documentation of proposed contours and drainage shall be submitted to the zoning administrator with the plans far each phase of the development. SDD6 B. A site plan, at a scale of one inch equals forty feet or larger, shawing the locations and dimensions of all buildings and structures, uses in the buildings, and all principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas, C. A preliminary landscape plan, at a Scale of one inch equals forty feet ar larger, showing existing landscape features to be retained or removed, and shawing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and ether elements. D. schematic building elevations, sections and floor plans,. at appropriate scales, in sufficient detail to determine floor area, general circulation and use location, and general scale and bulk of the proposed development, .Specific detail for these items and the appearance shall be submitted an a phase basis. _ E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey an February Z2, 1976 of the site and proposed development documented by photographs at a scale of 1 inch equals J.6 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phases xV and V, a volumetric model as amended by Gordon Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development of Phases IV and V, to the site and illustrating the form of mass of structures in said phase. F. A phasing plan of the proposed development indicating order and general timing of construction phases, amenities and proposed interim development. (Ord 14, 1587; Ord 7, 1976; Ord 8, 1973) 18.50,054 Permitted Uses The permitted uses in Phases I, XI, III, IV and V of Special Development District 6 shall be in accordance with the approved development plans an file in the Town of Vail Community Development Department. (Ord 14, 1987, Ord 7, 1975, and 8, 1973 spas 1a,50.Q6Q Conditional Uses Conditional uses for Phases I, II, III, IV Development District 6 shall be as found in of the Vail Zoning Cade and as below: and V of Special Section 18.22.030 A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial. Core I and Commercial Cote IT. Except, na office uses except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV and V. (Ord 14, 1987; Ord 22, 1983; Ord 7, 1976, Ord 8, 1973} 18.50.070 Accessory Uses All accessary uses as defined in the Public Accommodation zone district, Section 18.22.040, shall be permitted in SDD6. (Ord 7, 1976; Ord 8, 1973} 18.50.080 Development Standards ~' The development standards set out in Sections 18.50.090 through 18.50.230 are minimum development standards in Special Development District 6. {Ord 7, 1976; Ord 8, 3973} ?8.50.090 Lot Area and Site Dimensions The special district shall consist of an area totalling 3.455 acres as specified in Section 18.50.010. (Ord 7, 1976; Ord 8, 2973} 18.50.100 Setbacks The required setbacks shall vary as indicated in the development plan, providing space fflx punting and an acceptable relationship to adjacent properties. Portions of the commercial space may abut the south property sine. (Ord 7, 1976; and 8, 1973} 18.50..110 bistance Between Buildings For Phases I, II, and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan, but in no case shall be less than 50 feet. For Phases IV and V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (dated February 19, 1987, revised April 14 and April 17, 1987}. (Ord 14, 1987; Ozd 7, 1976; Ord 8, 1973} SDDS 18.50.120 Height A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/75. S. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Cordon Pierce, Architect {dated February 19, 1987, revised April 14, and April 17, 2987}. (Ord 14, 1987; Ord 7, 1976; Ord 8, 1973} 18.50.13 C] Density The Grass Residential Floor Area (CJ;~F.A} of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 148 accommodation units and 67,367 square feet of CRFA devoted to accommodation units in Phases TV and V of Special Development Distract 5. 18.50.140 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants, Royston, Hanamoto, Beck and Abey on February 12, 1975. For Phases IV and V, building bul}c, maximum wall lengths, maximum dimensions for building elements,.requirements far wall. offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordan R. Pierce, architect (dated February 19, 1987, revised april 14 and April 22, 1987}. (Ord 14, ,1987; Ord 7, 1976; Ord 8, ].973} 18.50.150 Covex-age The site area to be covered by buildings shall be as generally indicated on the development plan, but an no case shall exceed fifty-five percent of the total sate area. (Ord 7, 1976; Ord 8, 1973) 18.50.150 Open Space Useable open space shall be provided as required in the public accommodation district, Section 1.8.22.12©. (Ord 7, 1976; Ord 8, 1973) • • SDD6 18.50.170 Landscaping and site develapment At least thirty percent of the total site area. shall be landscape and plaza area. Landscaping and other site development shall observe the landscaping concept as indicated in the approved development plan. (Ord 7, 1576; Ord $, 1973) 18.50.180 Parking and Loading Following the completion of Phases IV and V, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan subs~itted by Gordon R, Pierce, Architect (dated February 19, 1987). The proposed site plan dated February 15, 1987 reflects the interim parking plans between the development of Phases Z:V and V. (Ord 14, 1987; Ord 7, 1976; Ord 8, 1973) 18.50.180 Fireplaces Fireplaces shall not be permitted in individual accommodation units, (Ord 7, 1976; Ord 8, 1973} 18.5(7,200 Conservation Controls Developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. (Ord 7, 1976; Ord 8, 1.973) 18.50.210 Recreational Amenities Tax The recreational amenities tax due for the development within SDD6 under Chapter 3.2o shall be assessed at a rate not to exceed seventy-five cents per square foot of floor area and shall be paid in canaunction with construction phases and prior to the issuance of a building permit. {Ord 7, 1976; Ord 8, 1973) 18.50,220 Limitation on existence Prior to the adoption of the approved development plan, the Town Council reserves to the °I'own the right to abrogate ox modify Special Development District 6 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SDD6, the procedures shall be in accordance with Chapter 18.56. (Ord 7, 1976; Ord 8, 1978) S~~ 6 I8.50.23~ Amenities A. The developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to the developer and the Town Council,. The shelter to serve the axes. generally. • Attachment: E Ltinrr Fritzlen, ALA, Arcl7ilerl llfilli~rn F, Piert;e, Archite<7 1h~anas R.. Du Buis, .arcf~i(r:ct $te~pha+~ie Lorc"-Inhnst!n, Ar~..hike~:.t rJ~.b~irl L'aur1, Arcl7it~cs ICalh~~ Hesiinga, BuainGS's Maiaager March 7 $, 2003 Unit 5 Vail Village Plaxa Condominium (Alpenrose Restaurant] Adjacent Property' Owners: Josef Staufer 7a2 Sandy Lane Vail, CQ 81b57 Luke Meyer 873 PoFato Patch Dr. Vail, CC7 87 657 FRITZLEN PIERCE ARCHITECTS VAkL, COLORADO Hanlon Family Partnership 3$5 Gore Creek ®rive Vail, CC- $7657' Bill Rey do Clagett Rey Gallery 100 E. Meadow Dr. Vail CO 81657 Waldir Prado 950 Red Sandstone Road Vail, CC? 816.57 Johanas Faessler coo Sonnenalp Hotel $2 E. Meadow dr. Vail, CO $1657 Village Enn Plaza Condominium Association do Peak Properties 100 Lionsrid~e Loop, Suite 3A Vail, CQ 81657 Talisman Condominium Association 62 E. Meadow Dr. Vail, CO 87 657 Red Sands Corporation Clo Vail Home Rent~nls, lnc. 143 East Meadow Drive. Suite 397 Vail, CO 81557 • ~rRITZLEN~ '1650 E~sf L'a~l b'a11~V Dri~.c, Fallnci}c: L-Z. ~~P I E R C El \'Bil. Cuiculdr: i'S{;= 7 i I{~ I E~ ir~i~~~,.~a,illirC~lit^_Ct~.G7rl~ THIS 17EM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Enwironrnental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Vail Town Code on April 28, 2D03, at 2:CJ~ P.M. in the Town of Vail Municipal Building. In consideration o#: A request for a variance from Section 12-78-15, Site Coverage, Vail Town Dade, to allow for a covered pedestrian entrance, located at the Vista Kahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 15z Filing. Applicant: Remonow ~ Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 3, Vail Village Inn, pursuant to Section 12-gA-10, Vail Town Cads, to allow fora change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vai] Village lnn, 100 E. Meadow Drive/Lot D, Block 5D, Vail ViClags 151 Filing. w,~_-_ ~~~~? ~ Applicant: Edna & Claus Fricke, represented by Friizlen Pierce Architects Planner: Matt Gennett A request for a recommendation #o the Vail Tawn Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Mat; Gennett A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential {HR}, Single-Family Residential (SFR), Two-Family Residential (R}, Two-Family PrimaryCSecondary Residential (PS], Residential Cluster (RG), Low Density Multiple-Family (COME), Medium Density Multiple-Family (NOME}, High Density Multiple- Family (HOME), and Housing (H) districts, and setting forth details in regard thereto, Applicant: Vicki Pearson, et.al, Planner: Bill Gibson A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12-7B-~B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch RoadlLot C, Block .2, Vail Village 151 Filing.. Applicant: Remonow & Company, Inc., represented by Knight Planning Services, Ino. Planner: Bill Gibson An appeal, pursuant to Section 11-2-1 B (Administration; Appeal), of an administrative determination that a business identification sign does not meet the technical requirements of Section 11-4E3-12B5 (Projecting and Hanging Signs), Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch RoadlLot C, Black 2, Vail Village 151 Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, inc. Planner: Warren Campbell GrF~ ~?~ L7 • rrX'~~ ~~ '! ; ~~ `t~~ rya ralv~~ oi~ uailJ ~'' The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South k=rontage Road, Tire public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. Please call {970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please coq (970) 479-2556, Telephone for the Hearing Impaired, for additional information. This notice published in the Vaii Daily on April 11, 2003. ~k • ~".~ • • Attachment: F ~it,~ Ertl,;. R. C°u ~:~s, :r, l:;-~=~:; ~:~;~tr:~t L~ ~rrl-).,{lnc-fin, ?U~ Fsir=~1 FRITZLEI'~l PIERCE ARCHITECTS VAIL, ca~o~,aoo C7 April 21, 2003 Unit 5 Vail Village Plaza Condominium {Alpenrose Restaurant} CJescrintion of Reauest This Proposal involves an addition arul alteration to the existing Alpenrose Restaurant in the Vail Village Plaza Condominium. The north and south decks will be maintained for outdoor dining. The south elevation of the restaurant'rvill be modified to increase efficiency to circulation and will retain maintain the primarily glass facade, providing a strong street presence on a year round basis. The upper level dining space {above the bar and pastry counter) will be converted to a two story residential dowelling unit containing 2132 sq. ft. of GRFA. This space has never been successful as a restaurarn space (or retail space far that matter) due to the fact it is tvvo stories above the kitchen, access is difficult for customers and staff, and the space feels isolated Pram the restaurant artid the street. The Apenrose currently seats 71 customers. A redesign and expansion of the restaurant will provide the same number of seats on the lower levels as exists now within the restaurant's three levels. The Proposal does nat deviate from the development standards of the underlying zone district. Zoning Analysis (based on SDD #6. and Ordinance Ivo. 15. Series of 2001 {Units 335, 337)1 Existing Proposed Lot Area 150,282 sq. ft. na change Total GRFA 1$2,325 sq. ft. 1$4,457 sq. ft Unit 5 GRFA none 2132 sq. ft, DU per acre 12.75 13 Site Coverage 61 "/ or x32,036 sq, ft no change Setbacks: Front ,4' no change Sides 5' no Change Rear 5" na change FRITZLEN z..L ~:.. ,-.ii's'-~ilt~~ I...-, allr'J^` ~~-~, _ :~ ,; : r-' PIERCE _ . c: t:. ~.~i ~''~'.'CIF,': ..: I'3': ... i~.~ _ off"r..; _-,''~i'C ..f • FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Unit 5 Vail Village Condominium Zoning Analysis Continued F-keight 77.25' (site max) 30.$ ` (existing Unit 5) no change Parking 291 spaces no change in number of spaces but conversion of restaurant space should reduce parking requirement Loading 5 berths no change Cornmerciaf Area 25% of GRFA, or 45,22$ sq. ft. 43,096 sq, ft (45,228 - 2132) • • FRITZLE3~4 ii~';i...... ,<.~~'val i-.~r:!', Fjllriti>,'£`-1- PI ERGS ~: ~ ~ -- ~ ~ - .-.l_ ... ..~~..... ~."r4~..'cl: i.i E':. ... .s. ~Ge Attaci~ment. G r~ ~~ - ~ ~ .._ ..~__- _ _ I~ ._. ~I ~.~ !~ ~~. ~~ ~~I j • ~~~ ::.~ • • C~ l ~ i 1 •i ~_ ......... _LFV~1.«2~~?-ESIS?~Fi'1'ti}4~__r..~..,A.'~ • fi---- I ~ I ! I 1 I 1 I ~ 'r ~----- -- 4 { __ f ~_. l ~ _. ~_.__ ~~ 1 t i '~ ~~I i ~'~~ ~~ ~ ..~~ .. ~ r ; I _~ I '' ! _ .p !I j'_ ~ ~~ ~~ f al E' In • ~. ~. .~ ~ ~ ~ ~,: -. _ -,. ,. . ~~ 1 ~ • _ ~• . ~.. ~.~ ,'4 '. . _..,. I.I.- '~ .• ~~ ~; ,. _- i• / ''~ _ J ~ ~_ _ 1~ qtr .~ ~~ ~,f ' -i i 1'' f ~~,° .~t 1'f 1, j ~ '' 1 ~ f , I ',f I f.«1'., f 'f ~" ~. ~~~-~ .~ ~"' •~4 --~' ~~ :F ~~ , ~ 1~ ~ , 1 ~ c :: ~ ~ +~ Approved 619!03 PLANNING AND ENVIRONMENTAL COMM15510N PUBLIC MEETING MINUTES Monday, May 12, 2443 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME 12:00 pm ~ Sedimentation & Erasion problem presented by Bill Carlson, Environmental Health Specialist (The need for controls and regulations - 1 ~ min. MEMBERS PRESENT John Schofield Chas Bernhardt Gary Hartman Doug Cahill Erickson Shirley Rollie Kjesbo MEMBERS ABSENT George Lamb Site Visits ; 1;00 pm 1. Ski Ciub Vail - 598 Vail Valley Drive 2. Vista Bahn Building - 333 Hanson Ranch Road 3. Alpenrose - 100 E. Meadow Drive Driver: George ~~ NOTE: Cf the PEC hearing extends antic 6:44 p.m., the board may break. for dinner from 6:04 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12-7B-4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch RoadfLot C, Black 2, Vail Village 1St l=fling. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner; Bill Gibson Bill Gibson gave a presentation per the staff memorandum. Terrill Knight gave a presentation. He stated that they had done a lot of work since the last PEC meeting and that they would probably be requesting a tabling at the end of this meeting after getting some input. He handed out a plan which showed a new design. John Schofield suggests converting the hearing to a work session to decipher specifics, etc. Paul Johnston of Christiania voiced concerns over noise ordinances and multiple complaints from their lodging guests, and strongly suggested that crowds be brought in from the deck after dark and that air conditioning be apre-requisite to the deck being built. ,~~, ,~ ~owNa~YArL ~,ppro~ed 6!9!03 Jim Lamont asked about the specifics of Tract H and Tract E where the stairs would ascend. He suggests not putting a stairway in on the east side, but instead placing a path where the earth is currently disturbed from pedestrian traflac. He suggests a concern and annoyance over the strobe light and the need to cater to "destination guests" and therefore, one hour after sunset is suggested as the approximate time at which the outdoor deck should be emptied. Doug Cahill asked about the future of the retail space on the lower level, as it is currently a "fairly inviting space" and the deck will make it darker and less inviting.. Chas Bernhardt seconded Gary's concern over lower level vitality, but acknowledged approval of moving off the property. Gary Hartman commented on the appropriate use of the property, and said that noise and light mitigation should be strictly enforced less revocation occur. Rollie Kjesbo said he approved of the deck and the use, but also expresses concern over the noise, and asked about noise from nearby "Los Amigosn which does not seem to be a concern due to earlier closing times. He also asked about a conditional use of decks, etc. Erickson Shirley expressed concern over the fact that violations have, in fact, occurred after it was stated there were none and voiced that speakers should be shut off by at least 14 p.m. He stated that the path on the east side is a great idea and the applicant should be concerned about the vitality of the lower level, since he is the owner of the entire building. He stated that all ordinances regarding noise should apply to the entire building. A female member of the public verbalized support of the ten o'clock "noise curfew." She, however, mentioned that noise continues after that. time, because the crowds head outside, bringing their noise with them and asked if the police would continue to patrol even after that time. John Schofield summed up with an encouragement to remain a "good neighbor" in regard to noise and said the overall design is good, with the exception of stairlpath issues. The applicant stated equal concern over noise levels. MOTION; Rollie Kjesbo SECOND: Gary Hartman VOTE: 6-4 TABLED UNTIL JUNE 9, 2003 2. A request for a final recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner; BiII Gibson Bill Gibson introduced the work session with regards to the proposed text amendments an page 3 of the memorandum. Greg Amsden, with AMS development, stated that he removed modifications to the one car garage and mentioned the architectural integrity of the previous thirteen EHU's. He said there would be a maximum GRFA of 1544 sq. ft. fora 25,044 sq. ft. lot and requested the Commission look specifically at the proposed text specifics. 2 Approved 6191D3 There was no public input. Rollie Kjesbo expressed hesitations, due to the interpretation of a Type I1 EHU and doesn't think it will work well on a small lot. Erickson Shirley suggested making a new category conditional that limits lot size and allows for a one car garage, albeit with perhaps a little more space. Gary Hartman approved of the overall project and feels it is necessary to address the buildable area and see how it affects existing EHU's. He said that anything deed restricted is a permitted use and anything else a conditional use. Doug Cahill suggested sending the amendments to Town Council and separating it as a conditional use. Chas Bernhardt agreed with. the conditional use and said this shaulal be a case-by-case study for the lot size. He suggested "tweaking" it in the direction of an RC-III. John Schofield stressed that the architectural design aspect needs to be integrated and He wanted specific information from the DRB. He said the garage space could be one large space. He requested specifc language an June 9, 2003, that reflects comments made during this meeting and said that square footage should be a guideline in the future. MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 0-0 TABLED UNTIL JUNE 9, 2003 3. A request for an amendment to an approved development plan in accordance with Section 12-8D-6, Development Plan Required, Vail Town Code, to allow for driveway and parking modifications at Ski Club Vail, located at 598 Vail Valley Drive l Tract B, Vail Village 7`n Filing Applicant: Ski Club Vail, represented by Pam Hopkins Planner: Allison Ochs Allison Ochs introduced this application that would increase driveway area and add nine parking spaces to the current Ski Club Vail site. She said the variance was for the loading and parking in the R-O-W that has expired, The applicant stated the necessity to keep the Magic Carpet in place and will provide landscaping. There was no public input. Gary Hartman approved of the improvements, but questioned the height of the boulder wall. Doug Cahill expressed approval of the streetscape but was worried about the design plan of the walls. Tom Kassmel, the Town Engineer, confirms that a keystone wall will be installed, ensuring consistency. He asked about the bike path, which will be realigned and the bottom portion flattened. • Chas Bemhardt said he was concerned only about snow storage. Rollie Kjesbo said he approved of the project. Approved s191o3 I Erickson Shirley also expressed approval of the project. John Schofield said he wants to make sure that parking is designated appropriately far each of the many weekend events that occur in the area, all of which make it very hectic. MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 6-D APPROVED WITH 3 CONDITIONS: That the applicant shall submit an easement agreement for all improvements located on Vail Resorts property. This easement. shall be recorded with the Eagle County Glerk and Recorders office prior to final inspections for all improvements. 2. That the applicant shall submit a revised landscaping plan for review and approval by the Design Review Baard, prior to issuance of a building permit. 3. That the previously approved variance to allow for loading and parking in the right- of-way has expired. All signage must be removed. No parking shat! be allowed on public property. 4, A request far a final review of a proposed major exterior alteration, pursuant to Section 12-7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow far a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12-7A-3 {Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12-7A-1 d {Landscaping ~ Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request fora final review of a modification of the Gore Greek 1 QQ-year floodplain, pursuant to Section 12-21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, fit E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1~t Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell George Ruther introduced a request for final review of conditional uses to allow far Sonnenalp Redevelopment, which were approved in the April meeting. He said staff is recommending approval' with the conditions listed on page 13, 14, and 15 of the staff memorandum. He said the conditions include the site review plan, deed restrictions, easement agreement, a memo of unders#anding (that can be ignored), the fractional fee condition, the retail condition (excess of 10%}, the construction of the Gore Greek streamwalk, and the limited use and operation of the Vail Road loading area to the Willow Bridge Road access for operational activities, Questions and answers, regarding easement ordinances, ensued between George Ruther and Erickson Shirley. Dominic Mauriello expressed agreement about replacing item III and stated his opinion that the fee will be offset by the improvements being made (estimated to be worth about $45Qk). Greg Hall answered Doug's question regarding the traffic fees and increased delivery problems, etc. 4 Approved 619103 ~ Larry Eskwith mentioned that the garage would result 'rn very limited access to their property and that he would Gke to have access from Willow Bridge Rd., with money being the prevailing issue. He said he is willing to pay a certain part, but would like financial assistance. Jim Lamont, Vail Village Homeowners Association, said he was confused about the process and asked if the conditions change, would they be able to be appealed, He asked about comments on the new conditions and asked if parking negotiations were one for one and there was confusion about text amendment, public input, etc. Bill Amass, of Talisman, stated that some owners don't want to make any changes, put up any money, and doubts that underground parking is realistic. He said they don't want to destroy the pedestrian area, and are trying to raise money for the underground parking area. He said the resistan# owners cannot be forced to put money into a parking structure and raised a question abou# an improvement distriict. George Ruther stated that this is not the final project approval. Attorney (female) representing Bishop Park and Village Center expressed vehement opposition to any streamwalk. Erickson Shirley expressed frustration over not knowing enough about streetscape plan and basically guaranteed that there might be some changes. C7ominic Mauriello stated his vehement understanding that the plan WAS NOT FiNALIZE~I Erickson Shirley worried about the "walkability~ of the community and town core and stated that the easement should be interpreted in the strictest way possible. He concluded that the project is a goad one. Rollie Kjesbo questioned the design implementation of the parking structure and asked if it will provide clear access for the Talisman property? He said the Talisman parking structure would be least expensive, if done with the Sonnenalp and there was some question as to whether a 00% approval is needed for the structure to be built. Gary Hartman agreed with the direction in which the project is moving. He said the mitigation fee could be waived, due to the improvements being made by the Sonnenalp. He said continued collaboration was endorsed. aoug Dahill expressed hope that the Talisman can salve their problem. Chas Bernhardt said he is confident that the problems can and will be resolved and said collaboration was needed on the necessity of stairs to relieve the problem of estranged kayakers on private property. John Schofield concurred that basic agreement had been obtained and hoped that the number of issues was lessening. He stated that Talisman cooperation would be helpful and expressed desire to grant an individual variance for the 10% aspect of the text amendment. He expressed agreement about easy access to the road from the river for kayakers. George Ruther stated again that staff was recommending approval with the conditions listed and with a change in condition number 2. He said condition number 3 was to be stricken in its entirety and replaced with new condition about SI'I and exhibit G, dated May 12, 2003 and a new condition number 6 would be added regarding an addition of a stairway southeast of the Swiss Haus with the funding to be decided by the TOV only if such a project is begun. Approved 619fD3 Dominic Mauriello stated an understanding of the conditions. Doug Cahill requested to add on a variance, which George Ruther explained cannot be granted from use regulations. MOTION: Chas Bernhardt SECOND: Rollie Kjesbo Vote: 6-0 APPROVED V4fITH 6 (amended) CONDITIONS:. 1, That the applicant submits to the Community Development Department a signed deed- restriction restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North 1=rontage Road. The signed deed-restriction shall be recorded at the Office of the Eagle County Clerk ~ Recorder, prior to the issuance of a building permit for any construction of this project. 2. That the applicant records .,~;~cc errrc~fel sreKn~f~e~:;r. cf `~"ril ~# a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condaminiurn property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of vehicular ingress and egress to and from the Talisman Condominium property to Vai'1 Road , The easement shall be of sufficient dimensions to allow far free and uninterrupted passage of vehicular traffic. ~e-ease~e~ccrcn`. cF.oll ~c o^ ~'~il i~-ritinA III "~o ~~p~ ~yP~:.nin~ cr~'~~~~arlsl ~i~ss~e~ te-grat~ti: ~ w ~~i::cl op^r^.,°' ^++~,i° ^r^i°^+ The easement agreement sha[I be recorded by the applicant at the Office of the Eagle County Clerk ~ Recorder, prior to the issuance of a building permit for any construction of this project. ?. Thr1 tl~c cYrJ+:~n', s~~rii.~a-,-e-;~;s~~ r~ns~+a-~#~c C wnt ^~t ^.,,~~~jj~~~~~r,~.°~.~i„n +~,,, =a~nri.. - ,,. ~.~~~+~~..r,~~~,cf the T ~~b ,-} Ds~:,.rir,:ant ~r~ ~'K1'Pf~~ ~.. ~ #I'tir'~.~J-tttL~l4lr~~}J ny.~."C`I~~~~~t ~?,iCl \r1~~nt ~~+°r~ ®nri~ ©' ~9U'. Th4 .r^~ev-~!ers-s#ell~c Y~~' cf \~a+l-Rlat~-i~-a€~# ~n~~er^nmc~r,+-,1 i(~`r.mminninn r,rinr+c-fns aeval Cf tF:;~ rYr^i^r+_ Atlsntiic~ Fl~,.r~~ cha~ll Ire reviei+u~ed-a~a~l c ail, p#~ `h~ i~~c:~Ya-sf Y ~-ifdin5 ~erfe~ +h;c nrnir~^4 ~~' That the applicant agrees to construct the recommended Town of Vail streetscape improvements to East INeadow Drive to the flow line on the north side of the street andlor the appropriate matchline on the north side of the street as generally depicted on Exhibit C, prepared by Resort Design, dated May 12, 21103, The applicant shall be responsible far funding the cast of the construction of the first one-third (113) of the streetscape improvements as measured from the southerly right-o#-way tine. The Town of Vail will be responsible far funding the cost of the construction of the remaining two-thirds {213) of the streetscape improvements. The applicant agrees to construct the improvements with reimbursements from the Town of Vail.. The streetscape improvements shall include a 5Q%15U% cyst sharing of the required drainage improvements. The applicant shall consult with the Town of Vail Public Works Department regarding the total cost of said improvements and the Town of Vail shall approve said costs, prior to the issuance of a building permit. Compliance wi#h said condition and the utilization of the loading and delivery facility shall offset the applicant's requirement for any financial contribution to the Town of Vail traffic impact fee. 4. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. Full compliance shall be demonstrated prior to the issuance of a temporary certificate of occupancy for the 6 Approved 619103 ~ Swiss Chalet. 5. That the applicant submits an application for a Conditional Use Permit to allow for accessary eating, drinking, or retail establishments located with a lodge in excess of 10% of the total grass residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12-7A-3, Vail Town Cade. Said application shall not be made to the Community Development Department until any amending ordinance apprauing the text amendment to Section 12-7A-3 of the Vail Town Code becomes effective. Should the proposed text amendment application andlor subsequent conditional use permit not be approved by the Town of Vail, the applicant shall be required to revise the proposed redevelopment plans and reappear before the Town of Vail Planning and Environmental Commission for a final approval of the revised proposal. 6. The applicant agrees to improve the existing stairs at the kayak take out adjacent to the development site, Said improvements shall be initiated by the Town of Vail and the applicants financial contribution toward said improvements shall not exceed $'10,000. Construction of, or reimbursement for, said improvements shall be completed prior to the issuance of a temporary certificate of occupancy for this project. 5. A request for a recommendation to the Vai! Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-1 Q, Vail Town Code, to allow far a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Meadow Drive/Lot O, Block 5D, Vail Village 15c Filing. Applicant: Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner: Matt Gennett Matt Gennett introduced the work session to discuss conversion of retail space to GRFA in the Alpenrose restaurant and explained that the additional GRFA is proposed to create an additional dwelling unit above the restaurant. He said that Ordinance number 24, passed in '9g, allows GRFA up to 124,527 sq. ft. for the entirety of SCC. He said that unit 30 was converted to resides#ial from commercial space and that Staff recommended approval far the proposal. Ted Leech, the Closer on fhe property, mentioned that the intention is to develop the upper levels and he said that the space that is going to be redone is the fourth level of the restaurant and that is really not effective. He said the number of seats in the restaurant will be maintained in only two levels, He said parking will not be of a concern because the square footage needs offset each other, such that one less space is needed. He mentioned that no building will be done in the common area space and there will be no impact on any of the neighboring buildings. Discussion ensued on the preliminary plans. David B, the Architect, showed a proposed sketch of the fnal building and that there would be no change in the final building footprint. Erickson Shirley asked about the current ownership and Peter's approval and confirmed tha# nothing was proceeding as far as the variance level. Rollie Kjesba approved the preliminary plans and commented on the benefit for retail, etc. Approved 619/D3 Gary Hartman found that the transition of spaces was appropriate, especially to bring more vitality to the streetscape. Doug Cahill questioned the access and was answered with the fact that there was a proposed stairway and elevator for the resident. He then expressed concern over losing the seating area initially, which was superceded by the concern aver the parking requirements. Chas Bernhardt favored the proposed changes. John Schofield expressed similar sentiments. MOTION: Doug Gahill SECOND: Rollie Kjesbo VOTE: S-0 TABLED F©R JUNE 9, 2003 6. A request for a worksession to discuss the following applications: a recommendation to the Vail Town Council of a text amendment to Section 12-78-13, Density Control, Zoning Regulations; a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 & J, Block 5A, Vail Village 5`~ Filing from Public Accommodation zone district (PA} to Parking zone district (P}; a request for a recommendation to the Vail Tvwn Council for the proposed zoning of an unplatted parcel of land commonly referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdivision to Ski Base Recreation I! zone district; a request for a minor subdivision, pursuant to Title 13, Subdivision Regulations, Vai! Town Code, to allow for the relocation of the common property line between Lots P3 & J, Block 5A, Vail Village 5~' Filing; a request for a recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the "trade parcel"; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow fora "private off-street vehicle parking facility and public park" to be constructed and operated on Lats P3& J, Block 5A, Vail Village 5~h Filing;. a request for an exterior alteration or modification, :pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12-21- 10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction ofmultiple-family dwelling units on slopes in excess of 4Q%; and a request for the establishment of an approved development plan to facilitate the construction. of Veil's Front Daor, and setting forth details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Petersen Planner: George Ruther TABLED UNTIL JUNE 9, 2003 7. A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code,. to amend the Gross Residential Floor Area {GRFA} regulations in the Hillside Residential (HR}, Single-Family Residential {SFR}, Two- Family Residential (R}, Twa-Family PrirnarylSecondary Residential (PS}, Residential Cluster (RC}, Law Density Multiple-Family {COME}, Medium Density Multiple-Family (NOME}, High Density Multiple-Family (HOME}, and Housing (H} districts, and setting forth details in regard thereto. Applicant; Vicki Pearson, et.al. Planner: Bill Gibson TABLED UNTIL JUNE 9, 2003 $. Approval of April 28, 20D3 minutes, approved by all 8 Approved 6/9103 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community De~elapment Department, 75 South Frontage Raad. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please tail 479- 2356, "Telephone for the Hearing Impaired, for information. Community Development Department • 9