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HomeMy WebLinkAbout2003-0908 PECPLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, September 8, 20fl3 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME 12:OiD pm MEMBERS PRESENT Gary Hartmann Doug Cahill John Schofield Erickson Shirley George Lamb Rollie Kjesbo MEMBERS ABSENT Chas Bernhardt Site Visits 1. Reske Residence 2319 Chamonix Rd 2. Vista Bahn Building 333 Hanson Ranch Road 3. Gerald R. Ford Park 580 South Frontage Road EastlFord Park 4. Gazioglu Residence 3120 Booth Falls Courtl Driver: Matt ~~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing - Torr~n Council Chambers 2:OQ pm A request far a variance from Section 12-6D-10, Landscaping and Site Development, Vail Town Code, to allow for the construction of a new primaryisecondary residence, located at 2319 Chamonix Rd. f Lot 9, Block A, Vail Das Schone Filing 1, Applicant: Brian Reske Planner: Allison Ochs Motion: Gary Hartman Second: Rollie Kjesbo Vote: 5-0-0 Approved with the conditions as provided in the staff memorandum 2. A request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for the modification and enlargement of existing deck columns, located at 3120 Booth Falls CourtlLot 7, Block 2, Vail Village 12~' Filing. Applicant; Halide Gazioglu, represented by Sheppard Resources Planner: Matt Gennett Motion: Rollie Kjesbo Second: Doug Cahill Vote: 5-0-1 (Lamb abstained) ~. Approved with the conditions as provided in the staff memorandum 3. A request for review of a minor subdivision, re-subdividing a part of Lots L and l{, Block ~E, Vail Village First Filing, to create Lots 1 and 2, Block ~E, Vail Village First Filing, 2fl Vail Road, 62 East Meadow Drive, and $2 East Meadow Drive. Applicant: Sonnenalp Properties, represented by Braun Associates Inc. Planner: Warren Campbell Motion: Doug Cahill Second: George Lamb Vote: 5-0-0 Approved with the conditions as provided in the staff memorandum with an additional condition that the Town Attorney approve of plat note number 11, prior to Tawn Council approval of the proposed easement agreements 4. A request for a final review of an exterior alteration or modification, pursuant to Section ~ 2-7B-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 12-21-1 (l, 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 Tawn of Vail Community Development Department} Applicant: Vail Resorts, represented by Jay Peterson Planner: George Rather Motion: Rollie Kjesbo Second: George Lamb Vote: 6-p-Q Tabled until September 22, 2003 5. A request for a recommendation to the Vail Town Council of a proposed amendment to the FQRD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Plan, to allow for the construction of a public parking facility and structure, a request far a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards far All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request. for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 58p South Frontage Road EastlFord Park Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell Variance: Motion: Doug Cahill Second: George Lamb Vote: 4-2-0 (Schofield and Shirley opposed} Variance -Approved with the conditions as provided in the staff memorandum Conditional Use: • Motion: Rollie Kjesbo Second: George Lamb Vote: 5-1-0 {Shirley opposed) Conditional Use Permit -Approved with the conditions as provided in the staff memorandum with the additional conditions that the public parking facility be operated i days per week, as needed for overflow, and a minimum of a 10-car stacking lane far vehicles entering the facility off of the Frontage Raad be provided. 6. A request for a final review of a subdivision of the Katsos Ranch property (unplatted), pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-8B-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located in the southeast quarter of Section 2, Township 5 South, Range 80 West of the 6"' Principal Meridian, and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department). Applicant: Vail Memorial Park, represented by Merv Lapin Planner: Russell Forrest Motion: Doug Cahill Second: George Lamb Vote: 6-0-0 Minor Subdivision -Approved with the conditions as provided in the staff memorandum C7 Motion: Doug Cahill Second: George Lamb Vote: 6-0-0 Conditional Use Permit -Approved with the conditions as provided in the staff memorandum Motion; Rollie Kjesbo Second: Gary Hartman Vote: 6-0-0 Recommendation of approval of the rezoning to the Vail Town Council 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 (GR:FA) regulations in the Hillside Residential {HR}, Single-Family Residential (SFR), Two-Family Residential (R), Two-Family PrimarylSecondary Residential {PS}, Residential Cluster {RC}, Low Density Multiple-Family (LDMF}, Medium Density Multiple-Family {MDMF}, High Densi#y Multiple-Family (I•iDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson Motion: John Schofield Second: Rollie Kjesba Vote: 6-0-0 • Recommending approval of the request, per the staff memorandum, with the following modifications: 1) Page 1 of Attachment A should be amended such that the parking standards are increased to 3.5 spaces for dwelling units with floor area of over 4,000 and less than 5,500 sq. ft., and to 4.5 spaces for dwelling units with more than 5,500 sq. ft. 2) Page 6 of Attachment A should be amended such that vaulted areas with a ceiling plate height greater than 15 ft, should counted on multiple levels. 3} Gross Residential Floor Area (GRFA) regulations for the residential zone districts shall be repealed and be replaced with Floor Area Ratio (FARy regulations. 4} An amnesty clause should be adopted in conjunction with the adoption of the Floor Area Ration (FAR) regulations. The amnesty clause should have no time limit, waive Town of Vail application fees, and prevent the creation of non-conforming properties in regard to Floor Area Ratio (FAR). 5) Any loss of development potential currently allowed by the existing Gross Residential Floor Area (GRFAy regulations that is caused by the adoption of the Floor Area Ratio (FAR) regulations shall be considered justification for a variance from the Floor Area Ration (FAR) regulations. 8. A request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow far a residential addition in the Gare Greek setback, located at 4444 Streamside Circle ! Lat 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisia, represented by John Perkins. Planner: Allison Ochs Motion: Rollie Kjesbo Second: George Lamb Vote: 6-0-0 Tabled until September 22, 2003 9. A request far a variance from Section 12-7B-15, Site Coverage,. Vail Town Cade, to allow for awnings over existing second floor deck, located at the Vista Bahn Building, 333 Hannan Ranch RoadlLot C, Block 2, Vail Village 1St Filing. Applicant: Remonav & Company, lnc., represented by Knight Planning Services Planner: Matt Gennet# Motion: Rollie Kjesbo Second: George Lamb Vote: 6-U-t) Tabled until September 22, 2003 10. A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 1 ~-7B-4B, Conditional Uses, Vai! Town Code, located at the Vista Bahn Building, 333 Hanson Ranch RaadlLot C, Block 2, Vail Village 1$i Filing. Applicant: Remanov & Company, Inc., represented by Knight Planning Services Planner: Bill Gibson Withdrawn 11. A request for a recommendation to the Vail Tawn Council of an amendment to the Town of Vail Streetscape Master Plan,. and setting far details in regards therefore. Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell Motion: Rollie Kjesbo Second: Geor a Lamb g Tabled until September 22, 2003 12. Approval of August 25, 2043 meeting minutes. Motion: Rollie Kjesbo Approved 13. Information Update: Second; George Lamb Vote: 6-0-0 Vote: 6-0-0 Sign Code Ordinance Outdoor Display Text Amendment Rezoning of Lots 1 8~ 2, Mill Greek Subdivision & Lots P3&J, Vail Villagelg`Filing Results of the Economic Impact Study on Guest Accommodations The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Raad, Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone far the Hearing Impaired, for information. Community Development Department Published September 5, 2003,. in the Vail Daily. • sra~E of coLORApo Ct7UNTY ©F EAGLE PROQF OF PUBLICATCQN ~~, ~~Y~~ THIS ITEM MAY AFFECT YOUR PROPERTY PU®LIC NDTiCE :E IS HEREBY GN£fJ Uret lire Plannirrg antl nmental Commission of the Town of Vail will public hearing nt aocordance with Section of the Veit Town Cade on September 8, a1 F:DD PM. in Ih7r Trmrn of Vail Municipal g. in considera.[cn of: less for a variance from Section 12-14-17, :k from Watercourse, Vail Town Gode, fo aI- a rasident4al ar7dikion in 4he Gore Creak set- ocatad at 4444 Streamside Circle f Lot 11, n 4W Addition. tot: Tftomas O'Oorisio, raproser7ted Allison Cchs st for a recommendation to the Va pf a proposers amendment in Iha - 1, Steve Pope, do solemnly swear that I am the Publisher of Tho Vaii Daily, that the same daily newspa- per printed, in whole or in part and published in file County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published conisnuously and uninterruptedly in said County of Eagle for a period of more than fifty-fwo consecutive weeks next prior to the first _ puttticalion of the annexed legal notice or advertisement; that said newspaper has been admitted to the United Slates 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 adveliisemenis within the meaning of the laws of the State of Colorado. That Ehe annexed legal n©tiCe 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 puhlicatian of said notice was in the issue of said nerNSpaper dated ~~ r~, ~ .. .............................. A•a- ~•~~/~•- ~..,. and that the last publication of said notice was in the issue of said newspaper date ~ In witness whereof 1 have hereunto set my hand this ..,~. 1 ... day of ......... .... ~ ~ J '~ r~ t~', .,....~~..~ .....:............................... ! Publisher Subscribed and sworn to baler a notary public it rid for the County of Eagle, State ref Calprado, this ...........t:~. ~.. day of ... / r k vim`/ ~ - ~~ fVvta Public My Gornrnissiarr exprresr,~; (~.~~,1 .... rY' [ne Gerald R, Fan1lDonavan Park Master ?tan, to allow fortha construction of a pub7ir. parking facility and structure, a request for a variance frtrm Title t4, Chagter 5, Parkins, Lot and Parking Struoturr. Design Standards for AYI Usas, to allow tar a devia- tdon imm the minimum landscape ama requirement and to construct an unpaved, gravel par9trng sur- taee, and a request far a C6nditcOnal use permit fo avow the construction of a pubidc parking tflcitiry and structure atop Its athl6uc fields at the Gerald R. Ford Park, located at 5r3D South Frontage Road EasUFOrd Park Applicant Town oR Vafi, represented by (•irag NaN Planner: Warren Campbell A request for a vananca Irom Section 12~D-10, r Landscaping antl Site Development. Vail Town Code, to allow for the ronstructrnn of a new prI- marylsecrxrtlary residence, located at 23t9 Cha- monix Rd, /Lot 9, Biopk A, Vaii"Das Schone Fifing~ ~' t. plitam: Brian Reske P onset: Allison Orhs A request far a variance from Section 1260.6, Setbacks, Vail Town Gado, to allow for Me modiF- caiion antl aniargement of an existing dock, locat- ed at 3t2o Booth Falls GeIIrClLOC 7, Block 2, Vait Village 12th Filing. Applicant: Halide Gezioglu, represented by Sheppard Resources Planner. Matt Gannett A request far review of a minor subdivision, whict+ rasubdiwrdes part vt Lots L and K, @lock 5E, Vain Village First F71n~, to create Lois 1 and 2, Dloek 5E, Vail Village First Filing, resulting in the Sonne- nalp and Swiss Chalet on separate paresis. Applicant: Sonnenalp Properties, represented by Braun and Associates Planner: Warren GarryrLraU Therapplicalions and informatiort about Il+ese pro- poeals era avaNat>la for ptbttc inspection duri regular business hours at tlhe Town of Wail Ga~ muruty Development t3apertnlor7t oifros, 75 South Frontage Road, The pubkc 7s inwftad to attend' fha project orientation held in the Town of Vail Coin. nwnity Dewelolxnent Department orrroa acrd rite site walla that pprrecede the putalrc hearing. Please tail {47ni aig~2139 for arlcftional m4r3rmat;or+. Sags language Lilerpreralron is avaitabfa upon re- quas;t with 24-hour noulrcation, Please call ~4s70) 473-2358, Telephone for the Hearing Impaired, for pubtlsfted in the Va31 Daily on • 0565 STATE OF COLORADO COUNTY OF EAGLE. PROOF OF PUBLICATION $S. f, Steve Pope, do sofemnty 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 mare than fifty-two consecutive 4veeks next prior to the first publication of the annexed legal notice or adve ,:.:.~...~nt; that said newspaper has been admitted to the United Slates mails as a periodical under the provisions of the Aci of March ~, 1879, or any amend- ments tl,,;, ~„1. and that said newspaper is a daily newspaper duly qualified for publishing legal notices and a.: ~ :,.:'cements within the meaning of the laws of the State of Colorado. That the annexed legal notice or adverti~ ~ >nt was published in the regular and entire issue of every number of said daily newspaper for the period of .......l....... consecutivQel' insertio~nsj; and that the first publication of said notice was in the issue of said newspaper dated ..,~,A11.,~L1~r......1~...... A.D......~........ antd that the fastccp~~ub~~l,,,,ication of said notice was in the issue of said newspaper date . `-?. A.D .............fT!fir!Q...~........... In witness whereof t have hereunto set my hand this ...../>D.... day of ... ..... ..........:................2~ 3 ~~~!€ Publisher Subscribed aand swum to before e, a notary public in and for the County of Eagle, State oP Goforado, this ....... --•L••Q.-...... day of~„-~~.~nl......~.~s. • ~ ~~y ~ Notary Public My Commission expires ...... .... ~....G.~1/ ~. Y611111N4NQ ANu c... ~ rnurVMENTpL ' COMMISSION Pt1BLIC MEE71Nfl Monday, Septemtxr 6.2003 PROJECT ORIENTATION ! -Community Devefop- ~manl Dopt. PUBLIC WELCOME 12:D0 pm MEMBERS PRESENT MEMBERS ABSENT Site Ysits Drivel: Matt NOTE.: f1 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 ern 1. A request for a variance from Sechan 12.1417, Setbada Tram Watereourse, Vail Town Code. to allow for a residential addition in the Gore Creak setback, located at 4444 Slreamside Circle! Lot 11, Bighorn 4th Addition. , Applicant: Thomas O'Dor€s€o, rep resented hY John Perkins. Planner; Allison Ochs 2. A request for a recommendation ra the Wail Town Council of a proposed amendment to the FORD PARK NEANAGEMC~tJT Pt_AN • An Amendment to the Gerald R. FordlOanovan Park Ilow for a deviation from the minima. ~© area regwremeni and to construct d, gravel parking surface, and a reque litional use permit 1o allow the conslrr. blic parking Tae~liry and structure atop fields at the Garold R. Ford Park, la South Frontago Road East/Ford Park icant: Town of Vail, represented by Greg Hall tier. Warren Campbell A request for a variants from Section andscaping and Slte Development. de, Io allow for the construction of a Secondary resAdenoe, located at 2319 i. ! Lv[ 9, Block A, Vail Das Schone Brian Reske A1lisnn Ochs A request for a varfance from Section 5, Setbacks, Vail Town Code. to arrow for difiration and enlarggement oP existin4 deck s, located al 3120 Booth Felts CourVLod 7, ~, Vail Village 12th Filing. ~~nk Halide Gaziogtu, represented by Sheppard Resources r: Matt Gannett A request for review of a minor subdi- resubdividirtg apart of Lots L and K. Bkxk I Willaga First Filing, to create Lo[s 1 and 2, iE, Vail Vn agr. First Filing, 20 Vail Rd., 62 eadaw; Dr. =.nd t}2 East Meadow Or. result- ihe So^.,ie^.i:4> and Swiss Chalet on sepa- ant: Sannenalp Properties,. repro; Sun Associates Inc. er: Warren Campbell A request for a requrst for a va Section T2-7.6-t6, Slte Coverage, Vail to allow 4or awnings over existing s jock, loeatacl al the Wista Bahn E3vildm€ an RanOYt RvadfLa[ C. Block 2. Va€1 ti Ren-rwtov 8 Gampany, Inc., represented bY' KnighE Planning Services MaIT Gonnetl A request for a conditional use to allow for an ouklvor dining9 dock, In ac r with Section 12.76~B. Conctitional l Town Corte, located at the Vista Bahn f • PLANNING AND ENVIRONMENTAL COIYiMISSION PUBLIC MEETING Monday, September 8, 2003 PROJECT ORIENTATION 1-Community Development Dept PUBLIC WELCOME '12:00 pm MEMBERS PRESENT Site Visits MEMBERS ABSENT 1. Reske Residence 2319 Chamonix Rd 2. Vista Bahn Buikding 333 Hanson Ranch Road 3. Gerald R. Fard Park 580 South Frontage Road EastlFord Park ~1. Gaziaglu Residence 3120 Booth Falls Court/ Driver: Matt ~~ NOTE: If the PEG hearing extends until 6:~4 p.m., the board rriay break for dinner from 6:a0 - 6:30 Public Hearing -Town Council Chambers 2:00 pm 1. A request for a variance from Section 12-6D-10, Landscaping and Site Development, Vail Town Code, to allow far the construction of a new primaryfsecondary residence, located at 2319 Chamonix Rd. !Lot 9, Block A, Vail Das Schone Filing 1. Applicant: Brian Reske Planner: Allison Ochs 2. A request for a variance from Section 12-6D-6, Setbacks, Vail Town Cade, tc allow far the modification and enlargement of existing deck columns, located at 3320 Booth Falls CourtlLot 7, Block 2, Vail Village 12'h 1=fling. Applicant: Halide Gazioglu, represented by Sheppard Resources Planner: Matt Gennett 3. A request fior review of a miner subdivision, re-subdividing a part of Lots L and K, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Block 5E, Vail Village First Filing, 20 Vail Road, 62 East Meadaw Drive, and 82 East Meadaw Drive. Applicant: Sonnena[p Properties, represented by Braun Associates Inc. Planner: Warren Campbell ~. ~~. ,} TOjt ~1' l3~ Y13IL ~ 4. A request for a final review of an exterior alteration ar modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow far an addition to the Lodge at Vail; a request for a variance from Section 12-21-10, Development Restricted, Vaii Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dweEling units on slopes in excess of 40%; and a request far the establishment of an approved development plan to facilitate fhe construction of Vail's Front Door, and setting forth details in regard thereto. {A mare complete metes and bounds legal descripfion is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Planner: George Rather 5. A request for a recommendation to the Vail Tawn Council of a proposed amendment to the FORD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Ptar~, to allow for the construction of a public parking facility and structure, a request for a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fells at the Gerald R. Ford Park, located at 580 South Frontage Road East/Ford Park Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell 6, A request for a final review of a subdivision of the Katsas Ranch property {unplatted}, pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-85-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located on an unplatted parcel of land located in the sou#heast quarter of Section 2, Township 5 Sou#h, Range $0 West of the 6~' Principal Meridian, and setting forth details in regards thereto. (A complete metes and bounds descrip#ion is on file at the Community Development Department}. Applicant: Vail Memorial Park, represented by Merv Lapin Planner: Russell Forrest 7. A request far a recommendation to the Vail Town Council of proposed text amendments to Title i2, Zoning Regulations, Vail Town Code, to amend fibs Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR}, Single-Family Residential {SFR), Two-Family Residential {R}, Twa-Family PrimarylSecondary 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 $orkh details in regard thereto. • Applicant: Vicki Pearson, et.al. Planner: Bill Gibson 8. A request far a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow far a residential addition in the Gore Creek setback, lacated at 4444 Streamside Circle! Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisia, represented by John Perkins. Planner: Allison Qchs TABLED TD SEPTEMBER 22, 20U3 9. A request for a request far a variance from Section 12-7B-15, Site Coverage, Vail Town. Code, to allow for awnings over existing second floor deck, lacated at the Vista Bahn. Building, 333 Hanson Ranch RaadlLot C, Black 2, Vail Village 1St Filing_ Applicant: Remanov & Company, Inc., represented by Knight Planning Services Planner: Matt Gennett TABI~ED TO SEPTEMBER 22, 2{~U3 10. A request far 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 RoadlLot C, Black 2, Vail Village 1St Filing. Applicant: Remonav & Company, Inc., represented by Knight Planning Services Planner: Bill Gibson • WITHDRAWN 11. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail 5treetscape Master Plan, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner. Warren Campbell TABLI=D 70 SEPTEMBER 22, 2003 12. Approval of~August 2.5, 2003, meeting minutes 13. [nformation Update Sign Code Ordinance Qutdoor Display Text Amendment Rezoning of Lats 1 & 2, Mill Creek Subdivision and Lats P3 & J, Vail Village First Filing Results of the Economic Impact Study on Guest Accommodations 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 September 5, 20p3, in the Vail Daily. ~~~'~~, Planning and Enr-ironmental Commission ACTIQ N F+01 RM ~'`' ~ ~~ Department of Comm~nlty Development ~~~~'~ ~ ~~~~~ ~ ~ 75 South Frontage Road, Vail, Cobradv 81657 te1:970.479.2139 fax:970.479.z452 web: www.cl,~ail.co.us Project Name: REZONING REPLATTING AND COND PEC Number: PEC030037 Project Description: Participants: REZONING FROM NATURAL AREA 'PRESERVATION TO OUT DOOR RECREATION OF LOT 1, KATSOS RANCH MINOR SUBDIVISION ON 11.13 ACRE PORTION OF THE KATSOS RANCH OPEN SPACE. OWNER TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81557 License: APPLICANT TOWN OF VAIL C/O FINANCE DEPT 7'S S FRONTAGE RD VAIL CO 81657 License: CONTRACTOR TOWN OF VAIL 75 S FRONTAGE RD VAIL, CO 81657 License; 463-B Froject Address: 07/29J2003 Phone: 07/29/2003 Phone: 07/29/2003 Phone: Location: Legal Description: Lot: 1 Block: Subdivision: Katsos Ranch Minor Sub Parcel Number: 210103401001 Comments: Motion By: ROLLIE K]ESBO Second By: GEODE LAMB Vote: 6-0 Condi#ions: BOARD/STAFF ACTION Action: APPROVED Date of ApprovaL• 09/08/2003 Cond: 8 (PLAN); No changes to these plans may be made without the written consent of Tgwn of Vail staff and/or the appropriate review committee(s).. Planner: Russell Forrest PEC Fee Paid: $0.00 • °r----~, Planning and Environmental Commission ~ `. ACTION FORM 1~ ~ . ;' Department of Community Development ~} ~ ~} ~~` # 75 South Frontage Road, Vail, Colorado 81657 TV~~1"~ U~ t~ti~~ ~ te1:970.479.2139 Fax.: 970,479.2452 web: www.ci.vail.co.us Project Name: MEMORIAL PARK PEC Number: PEC030038 Project Description: Participants: CONDITIONAL USE PERMIT FOR THE PORPOSED VAIL MEMORIAL PARK ON AN 11.13 ACRE PORTION OF THE KATSOS 'RANCH OPEN SPACE OWNER TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81b57 Lieense: APPLICANT TOWN OF VAIL CIO FINANCE DEPT 75 S FRONTAGE RD VAIL CO Sib57 License: CONTRACTOR TOWN OF VAIL 75 S FR©NTAGE RD VAIL, CO 81657 License: 463-8 Project Address: 07/29/2003 Phone: 07/29/2003 Phone: 07/29/2003 Phone: Legal Description: Lot; 1 Block: Subdivision: Katsos Ranth Minor Sub Parcel Number: 210103401001 Comments: SEE CONDITIONS Motion By: DOUG CAHILL Second By: GEORGE LAMB Vote: 6-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Appror-al: 09/08J2003 Cond: 8 (PLAN): No changes to these plans may be made without the writken consent of Town of Vail stafF and/or the appropriate review committee(s). Cond: CON0006139 1. All future phases (2-4} of the Vail Memorial Park must be reviewed by the US Army Carps of Engineers prior to construction as appropriate. Cond: CON0006140 • 2. The Eagle River Water and Sanitation District has taken responsibility for the review of a raised boardwalk to span the 20-25 foot wide swale into phase 1. The proposed raised boardwalk will require review by the Army Corps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River and Water and Sanitation District Vail Memorial Park Foundation for review and approval of the Design Review Board prior to construction. Coed: CON0006141 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 2-4) prior to the construction of any future phases. Cond: CON0006142 4. The applicant shall require all groups aver 25 people to use a shuttle system to the site. The applicant shall obtain the owners approval for the use of any remote parking used for inurement services. Cond: CON0006143 5. The applicant shall provide signage approved by Town staff during memorial events to clearly indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to Katsos Ranch and 50 feet to the west of the Wail Memorial Park entrance on the Katsos Ranch recreational trail. Cond: CON0006144 6. The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Department.. Cond:: CON0006145 7. The applicant shall receive approval for a staging plan from the Town of Wail prior to construction being initiated on the Wail Memorial Park. Cond; CON0006146 8. The applicant sha[I return to the Planning and Environmental Commission in one years time from the date of approval so that the Conditional Use Permit can he reviewed to evaluate the impacts an circulation along the Frontage Raad and to the use of the recreational trail. Coed: CON0006147 9. The applicant shall submit future phases to the Planning and Environmental Commission for review by the Commission to ensure that environmental impacts are adequately addressed 'rn future phases. Cond: CON0006148 10. There shall be no maintenance, snow plowing, ar inscriptions of memorial signs in the Wail Memorial Park between December 1st and May ist. Cond: CON0006149 11.The operation and maintenance of the Vail Memorial Park shall eat inhibit the public use of Lot i, Katsos Ranch Minor Subdivsion for currently existing passive reCreatlanal uses. Planner. Russell Forrest PEC Fee Paid: $650.00 "~~ ~~~~ Planning an~i Environmental COmmissiOn ~~ :~ ~ ~~ ~ ~~ ACTION FORIi~I ~ ` `}~ ~~ ~~. ~~~ P ~~, , Department of Community Development ~~~1~' ~~ ~,~~~~ , 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax:97a.479.2452 web: www.ci.vaii.co.us Project Name: D'Orisio Stream Setback Vari PEC Number: PEC030039 Project Description: Participants: ADDITION OF 2 MEIN DORMERS (BULK AND MASS) ABOVE EXISITNG GRFA WITHIN THE 50- FOOT GORE CREEK SETBACK. OWNER SEGAL, JOAN - BERGER, BRUCE 08J04/2003 Phone: 10 GREENTREE PITTSFORD NY 14534 License: APPLICANT JOI-iN PERKINS AIA 08J04J2003 Phone: 97©-949-9322 BOX 2007 AVON. $162Q License: Project Address: 4444 STREAMSIDE CR W VAIL 4444 STREAMSIDE CIRCLE Location: Legal Description: Lot: 116 Block: Subdivision: Bighorn Sub. Add. 4 Parse! Number: 210112305009 Comments: See Conditions BQARD f STAFF AC7YON Motion By: Chas Gerhardt Second By: George Lamb Yote: 4-0 Conditions: Action: APPROVED Date of Approval: 09J22/2003 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: CON0006158 That the applicant is not permitted to perform an interior conversion of this space at a later date as the dormer additions would not have been constructed prior to August 5, 1997, as required by Section 12-15-4, Interior Conversion, Vail Town Code. Planner: Warren Campbell PEC Fee Paid: $500.00 i ~~`~-~ Planning and Enwironrnental Commission 4~ ~~~ . ~ ~~' Department of Community Development ~'~~.~;~~+ ~~. ~~~~ ~~~~ 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 Fax: 970.479.2452 web: www.ci.vall.co.us Project Name: Gazioglu Variance PEC Number: PEC636046 Participants: Pra~ect Description: approval of three new stone veneer columns which will replace existing wood column structure supporting an existing wood beck which extends farther into the setback than allowed. 08/11/2003 Phone: • OWNER GAZIOGLU, HALIDE K. 3126 BOOTH FALLS CT VAIL CO 81657 License; APPLICANT Shepherd Resources, Tnc. Savinay Yiese/Dean Koll POB 1b24 Avon, CO Deank~sriarchitect.com 81020 License: Project Address: 3120 BOOTM FALLS CT VAIL 0$/11/2003 Phone: 949-3302 Location: 3120 Booth Falls Court Legal Description: Lot: 7 Block: 1 Subdivision: VAIL VILLAGE FILING 12 Parcel Number: 210102301023 Comments: BOARD JSTAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Doug Cahill Vote: 5-0-1 (Lamb abstained} Date of Approval: 09/08/'2003 Conditions: Cond: 8 (PLAN): Na changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Matt Gennett PEC Fee Paid: $500.00 • . ~ ,. f Planning and Environmental C©mmissiOn ~a~ ~~~ `a ' ~'~~ A~., ~ iON FORM '`~ ~~~~ ~`~ department of Community Development ~'~~~ ~~ ,'~.~~~~.~;~' ~ 75 South Frontage Road, Vail, Colorado 81657 te1:970,479.2139 fax:97i3.479.2452 web: www.ci.vail.co.us Project Name: Sonnenalp/Swiss Chalet 5ubdi PEC Number: PEC030041 Project Description: Participants: OWNER SONNENALP PR©PERTIES INC D8/il/20D3 Phone: 20 VAIL RD VAIL CO 81657 License: APPLICANT Braun Associates, Inc. 08/11/2003 Phone: 970-926-7575 A minor subdivision for the Sonnenalp Hotel and Swiss Chalet property to create a new two lot subdivision. P.O. Box 2658 Edwards, C0 81632 License: 0000001546 Project Address: 20 VAIL RD VAIL Location: Legal Description: Lot: L Block: 5E Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101082D40D1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Doug Cahill Second ey: George Lamb Vote: 6-0 • Action: APPROVED Date of Approval: 09/08/20D3 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). cons: eoNOao6154 That the Town Attorney approve of plat note number 11, prior to Town Council approval of the proposed easement agreement... Cond: CQN0006155 That the applicant receives Vail Town Council approval of the fnal plat and the accompanying easement. agreements for the Sonnenalp Hotel encroachments onto Town of Vail property prior to recording the plat and easements. 0 d' CON0006I56 Conditions: on . That the applicant records a legal description of the Talisman Condominium's access agreement, pedestrian easements, and signage easements associated with the approved r Sonnenalp and Swiss Chalet project prior to receiving a building permit for the Sonnenalp Hotel addition if the recently approved redevelopment occurs establishing a permanent location of the access easement. Cond: C~NOi]05157 The applicant shall record a revised final plat for the Sonnenalp Subdivision depicting the Talisman Condominium's access agreement, pedestrian easements, and signage easements associated with the Sonnenalp and Swiss Chalet project. within 60 days of issuance of the building permit. Planner: Warren Campbell PEC Fee Raid: $65l).OQ MEMORANDUM TO: Planning and Environmental Commission FRDM: Community Development Department DATE: September 8, 2803 SUBJECT: A request for a variance firom Section 12-6D-10, Landscaping and Site Development, Vail Town Gode, to allow for the construction of a new single family residence, located at 2319 Chamonix Rd. 1 Lot 9, Block A, Vail Das Schone Filing 1. Applicant: Brian Reske Planner: Allison C7ehs SUMMARY The applicant, Brian Reske, is requesting a variance from Section 12-6D-10, Landscaping and Site Development, Vail Town Code, to allow for the construction of a new single family residence. The variance request is to allow for a variance of 325 sq. ft. flf landscape area. Sta#f is recommending approval of the variance request, subject to the criteria and findings as outlined in Section VIII of this memorandum, and subject to the conditions as provided in Section IX of this memorandum. II, DESCRIPTION OF REQUEST The applicant, Brian Reske, is requesting a variance from Section ~ 2-6D-10, Landscaping and Site Development, Vail Town Code, to allow for the construction of a new single family residence. Section 12-6D-10 states: At least sixty percent {6(7°J} Qf each site shalt ,be landscaped. The minimum Qf any area qualifying as landscaping sha!! 6e ten feet (10) (width and length} with a minimum area not less than three hundred (3007) square feet. The requested variance would be a deviation of approximately 325 sq. ft. from the minimum landscape area requirement of 5,.142 sq. ft. The variance request is primarily a result of the adjacent lot's driveway encroaching onto Lot 9. The applicant's statement of request has been attached for reference (Attachment A). Reductions of the proposed plans have also been attached for reference (Attachment B). III. BACKGROUND Lot 9, Block A, Vail Das Schone Filing 1, is zoned Two-Family Primary/Secondary Residential. A vicinity map has been attached for reference Attachment C). Vail Das Schone Filing 1 was annexed into the Town of Vail by Ordinance No. 26, Series of 1986. Lot 9 is non-conforming with regards to lot area and site dimensions. In addition to the nonconformities with regards to lot area and site dimension, there is an existing driveway encroachment on Lot 9 frarn Lat 10. Approximately 505 sq. ft. of the adjacent lot's driveway is located on Lot 9. According to the legal file for bath properties, this was due to disagreement about property boundaries in 1989. There is an existing easement for this encroachment.. IV. ROLES OF THE REVIEWING BODIES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity, 2. The degree to which relief from the strict ar literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The Design Review Board has no review authority an a variance, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board proposal for: 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. RernovallPreservation of trees and native vegetation 5. Adequate provision far snow storage on-site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms $. Prevision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting • • I~ U 2 V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions Qf the Vail Town Code are relevant to the review of this proposal: Title 12: Zoning Regulations Section 12-~D: Two Family PrimarvlSecondarv Zane District fin part) y2-~6D-i: Purpose: The two-family primary/secondary residential district is intended fo 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. 1~-fiD-10: Landscaping and Site Development: At (east sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10') (width and length) with a minimum area not Tess than three hundred (300) square feet. ~2-~-2: DeflnltiORS LANDSCAPlN~G: Planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. For the purposes of this title, natural or significant rock outcroppings, trees or native vegetation shat! be deemed landscaping in single-family,. two-family residential, residential cluster; low density multi-family, hillside residential, and primary/secondary residential zone districts. Chapter 12-17: Variances (in part) ~2-17-1: Purpose: A. Reasons For Seeking Variance: !n order to prevenf or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would resulf from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical diffr'culty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Dost or inconvenience to the applicant of strict or literal compliance with a regulation shat! not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dirnensiorrs, setbacks, distances between buifdings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; ar with respect to the previsions Qf chapter 1 i of this tide, governing physical development on a site. VI. ZONING ANALYSIS i Address: 2319 Chamonix Road Legal Description: Lot 9, Block A, Vail Das Schone Filing 1 Zoning: Two-Family PrimarylSecondary Residential Land Use Plan Designation: Medium Density Residential Hazards: Medium Severity Rockfall Lot Area: 8,570 sq. ft./0. i 97 acres Development Standard AllowedlReauired Proposed Setbacks: Front: 20 ft. 21 ft. Sides: 15 ftJ15 ft. 15 ft./20 ft. Rear: 15 ft. 29 ft. Boilding Height: max. 33' (slope)/30' (flat) <33 ft. Density: 1 du 1 du i GRFA: 2,537 sq. ft. 2,5Q5 sq. ft. i Site Coverage: 2d°!° or 1,714 sq. ft. 20% or 1,714 sq. ft. Landscape Area: Min. 60% or 5,142 sq. ft. 56% or 4,817 sq. ft. (deviation of 325 sq. #t.~ Parking Spaces 3 spaces 3 spaces {3 encPosed) ~I I VII. SURROUNDING LAND USES AND ZONING Land Use Zoning )rJorth: Residential Two-Family PrimarylSecondary South: Mixed Use Commercial Core 3 East: Residential Two-Family PrimarylSecondary West: Residential Two-Family PrimaryfSecondary VIII. CRITERIA AND FINDINGS C. Consideration of Factors Reaardina the Landscaping and Site Development Variance: 4 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested landscape area variance is to allow for the construction of a new single-family residence. The proposal includes aside-loaded garage at the rear of the house, creating the need for a long driveway which runs parallel to the property line adjacent to Lot $. Lot ~ also has a long driveway which runs parallel to the property line. This leaves an area appr©ximately $ ft. wide far landscaping between the #wo driveways. There is existing landscaping between the existing and the proposed driveway, which staff believes must be maintained and protected, should the proposal be approved. Title t4, Section 1fl, Design Review Standards and Guidelines, states, in part, the following with regard to site planning and landscaping: The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form line, color, and texture of the local plant communities. Since the major objective of the landscaping is fo help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant maferials is encouraged. On September ~, 20ft3, the application was conceptually reviewed by the Design Review Board. While the Board generally supported the design, they felt that the driveway must be modified to allow for additional areas to screen the length of the driveway. The applicant has since revised the plans to allow for additional planting area between the driveway and the property line, and to allow for same curvature to the driveway. 2. The degree to which relief front tine strict and Literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The driveway for Lot 10 encroaches 7.5 ft. onto Lct 9, covering 5g5 sq. ft, of area. Staff believes that this constitutes a extraordinary circumstance far Lot 9, creating the need far a variance. When first submitted, the variance request was far 581 5 sq. ft. of area. Through working with the staff and the Design Review Board, the applicant has revised the driveway design. As a result, the variance request is now for approximately 325 sq. ft. Staff believes that the variance should be far no more than the area of the driveway encroachment, or 325 sq. ft. The criteria for a variance states that the deviation from the requirements of the code should be the minimum required to achieve compatibility and uniformity among sites. Staff believes that the revisions the applicant has made to the driveway qualify as the minimum required to achieve compatibility and uniformity among sites, and to achieve the design goals of the applicant. Lot S, to the east of Lot 9, was constructed with a similarly designed driveway, but required no variances. Lot 10 was constructed under Eagle County jurisdiction, and the Town files lack information on its construction. A similar variance was granted at 383 Beaver Dam, where a Town of Vail road crossed onto private property. The total area of encroachment was 2,86 sq. ft. or 1 S% of the site area. A landscape area variance was granted far 944 sq. ft. The Planning and Environmental Commission stated that they could support the variance because without the road running across the property, the proposed residence would not have needed a landscape area variance. The situation in this case is similar -there would be no need fora variance if the driveway of the adjacent lot did not encroach upon Lot 9. Staff believes that this would not be a grant of special privilege, as a similar variance was recently granted by the Planning and Environmental Commission. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe that there will be any negative impacts associated with this proposal, if constructed, on the above- referenced criteria. D 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planning and 1nvironmental Commission shall make the following __.__ findings before orantina a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health; safety or welfare, or materially injurious to properties or improvements in the vicinity. f~ 3. That the variance is warranted far one or more of the following reasons: a. The strict literal interpretation ar enforcement of the specified regulation would result in practical difficulty ar unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions ar extraordinary circumstances or conditions applicable to the same site of the variance that da not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX, STAFF RBCaMMENDATIOIV The Community Development Department recommends appr€raal of the request for a variance from Section 12-6D-10, Landscaping and Site Development, Mail Town Cade, to al6ow for the construction of a new primaryJsecandary residence, located at 2319 Chamonix Rd. /Lot 9, Block A, Vail Das Schone Filing 1, Staff's recommendation is based upon the review of the criteria in Section Vl[I of this memorandum. and the evidence and testimony presented, subject to the fallowing findings: 1. That the granting of the variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 4. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to approve the variance request, staff recommends the following conditions: 1. That prior to final Design Review Board approval, the applicant submits a tree preservation plan, indicating that the existing landscaping along the eastern 7 property line of Lot 9 shall be maintained through construction. A landscaping bond shall also be submitted to the Town of Vail prior to the issuance of a Certificate of Occupancy, guaranteeing the survival or replacement of the trees for a period of not less than two years. 2. That prior to submittal of a building permit application, the applicant shall receive final Design Review Board approval of the proposal. This may mean that slight modifications are required for the driveway which may increase the amount of landscape area, but in no case shall the modifications decrease the amount of landscape area. X. ATTACHMEI'~TS A. Reductions of the Proposed Plans B. Applicant's Statement of Request C. Vicinity Map D. 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I II II I J------ I Id II II~ II 11 ~ 191 I dp 11 ~ I! 1I ~ II II II II II II II II II 11 11 II II 11 J II I I II II II I 1 II Id II I Id II I¢ Ip 1~---- I$ II II 14 II II II II li ~I I II I p,f---~ ~~~~~ ~~~ ~ ~~ I ~~i~ ~ ~ ~ L4T 9, BLOGK A, AILING I TOf^W OF V,41L, EA~L~ GUUFtTY, GC7 i I p I I I 1 I I I' I I I I I 1 I i I l I .e I a I n I -------------- II I II II 'A I I ~]' I I II I I I Id I IP FP II I I I I I I -i II !I ~ I I II II o'' II z II I II II II II II E II II I II ~ _ II II - II II I 11 , . 11 ~II II I. 1 rl II II 1 3 I III ~ I I I ~ II(r I~ ~ I - I I' I ~ ~ I Ht I I -----I - II II II 111 I 1 II I II to II I E I I .. I it I II II II 1 1~ ~ i 9 II 8 ~ ~ P II ~ II pl II I I ____ HI III II II II II II I II 1 II II LJ~----- t~rnnrr tlllldlll 1!1114116 lflllhllf ~~~J~~ i~ Y LOT 9, BLOGK A, PILIhEG ~ r7~ TUNW O~ VAIL, F~AbL~ G04~NTY, GC7 • C ~~ 1 ~'~l~lG~ I R - t i ,___J t i 1 ~` ~ 4~ _ e ! h r • ~ . - ~ !j~ !~ ~~ I / ,` y. f _ r~ 0 1 i 1 1 1 f 1 i t 1 I i ' 1 1 1 1 ~ / ~ ~, \ f 4 V A ~~+ V ~~ E e t ~~ j f 1 /~! 4' ~ J V~ 1 ~~~~ ~~~ E ~, '~ ~s ar >; o o :~ ~~r YeS Yp.yy '~° 6 3Se a ~`~' C ~ 5 ~ ~ I E ~ z v m ~ c ~`~ a ~x S fK R I o i° n {' ~ ,~ ~ Attachment: !3 Request for Variance for 2319 Chamonix froru regulation 12-6D-1Q, Landscaping and Site Development DESCRIPTION This request may require a variance from regulation i2-6D-i0 which requires that 60% percent of the site be landscaped. My proposed site coverage for the proposed single family residence is 20°!° and my proposed driveway is 20% of the site, which complies with the regulation, However the driveway far the adjacent property to the west (2329 Chamonix) encroaches on my lotrn an easement. A variance may be required to consider the encroaching driveway in the landscaping percentage. The variance would allow for a side load garage with parking in the rear side of the house. 'T`his will allow more room for landscaping, including several trees, in the front of the house. The strict interpretation of the regulation would require a design for a single family residence with a front load garage. This would put all the parking spaces in front and less room for landscaping and trees in the front of the residence. STATEMENT a. The driveway encroaches 8 feet on my property at the deepest point b, Several residences in the neighborhood including the two residences to the east, have side load garages and 2299 Chamonix in particular was able to plant several trees in the front, because of the side load garage.. c.The variance will have no effect on light and air, distribution of population, transportation, traffic facilities, utilities and public safety. d. The proposed site coverage (20%) and driveway area (20°/'°) for the proposed subject residence complies with the towns policies. The additional space for landscaping including trees in the front of the proposed residence, where they can be enjoyed by all, complies with development objectives. Thank You for considering the request for Variance Sincerely Brian C. Reske Property Owner 2319 Chamonix, Vail CO • THIS ITEM MAY AFFECT YOUR PROPERTY Attachment: D PUBL[C 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 ~~ September 8, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 12-14-17, Setback from Watercourse, VaiP Town Code, io allow for a residential addition in the Gore Creek setback, located at 4444 Streamside Circle /Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisio, represented by,fohn Perkins. Planner: Allison Ochs A request for a recommendation to the Vail Town Council of a proposed amendment to the FORD PARd'~' MANAGEMEI'J'T PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Plan, to allow for the construction of a public parking facility and structure, a request far a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for ACI Uses, to allow for a deviiatian from the minimum landscape area requirement and to construct an unpaved, grave! parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 580 South Frontage Road EastfFord Park Applicant: Town of Vail, represented by Greg Nali Planner: Warren Campbell A request for a variance from Section i 2-6D-10, Landscaping and Site Development, Vail Town .~;.~ Code, to allow for the construction of a new primary/secondary residence, located at 2319 '~~~ Chamonix. Rd. f Lot 9, Slock A, Vail Das Schone Filing 1. Applicant: Brian Reske Planner: Allison Ochs A request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for the modification and enlargement of an existing deck, located at 3120 Booth Falls Court/Lot 7, Block 2, Vail Village 12`h Filing. Applicant: Naiide Gazoglu, represented by Sheppard Resources Planner: Matt Gennett A request for review of a minor subdivision, which resubdivides pail of Lots L and K, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Block 5E, Vail Village First Filing, resulting in the Sonnenalp and Swiss Chalet on separate parcels. Applicant: Sonnenalp Properties, represented by Braun and Associates Planner: Warren Campbell The applications and information about these proposals are available far 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 Tawn 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 infarmatian. This notice published in the Vail Daily on August 22, 2003 _ , i , ~ 1 5 r V ~ r X ~,, ~ ~ ~-3 *~ / ,ti„ T(~1~5':1' (lA t',tIL ~~ Request for variance for 2319 Chamaniz fram regulation 12-6A-~0, Landscaping and Site ,~ s Development Adjacent Property List There are fewe adjacent property owmers listed an the fallowing S pages • Elected officials County ser~ices~ Visitors' Cornrnunity~ 1 wantto.,.~ Eagle County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Basic Building Characteristics ~ Tax Information Sales detail ~ Value Detail ~' Residential/Commercial Improvement Detail 1 Land Detail Tax Area ~~ Account Number ~~ Parcel Number ~~ 5C103 ~~ 8044859 ~~ 210311411020 04nrner Name and Address ~HENDRICKS, LINDA L. 3113 ST LQUIS AVE FT 1hfC}RTH, TX 76110 Legal Description ~~ Mil1 Levy ~~ 45.853 kSUB:VAIL DAS SCh4ONE FIL 2 BLK:G - _ ~LOT:12A BK-0709 PG-0892 MAP f 10-29-96 BK-0709 PG-0893 DEC ~10-29-96 BK-0714 PG-0004 QCD ~12-06-96 8792903 QCD 04-10-02 LOCatIOn Physical Address: ~I2338 GARMISCH DR VAIL Subdivision: I~VAIL DA5 SCHONE f=IL 2 Acres: ~I0.17 Property Tax Valuation informatiian ~~ _ _ Actual Value f ~ Assessed Value Land: I! _ 100,000~~ 7,9601 ~~ ~'~ t~ttp:l/www.eagle-county. comlGoodturns/assessr~rlF'arcel.asp?AccauntNul~-iber=R0~4~ 5 9 s~~~2aa~ Parcel Detail Page 1 of 3 ~~~ ~~ ~~ ~~ horneVJ^ site IndeH ~ county contactsli~ SEARCfi „ft~, ..,. ., ~ ,, ,, .,-.~.-.. Parcel Detail EAGLE +CIJ CITY home ® site finders ~ county contacts lll4 SEARCH Page I of 3 ~® Eagle County Assessor/Treasurer Parcel Detail Inforrreation Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Basic Building Characteristics ~ Tax Information Sales Detail R Vague Detail ~ Residential/Commercial Improvement Detail ~ Land Detail Tax Area ~I Account Number I I Parcel Number II Mill Levy SC103 ~I R031171 ~ ~ 210311401030 II 45.853 Qwner Name and Address IAUGUST, CAREY Z. & BRETT A. -JT 1399 FULLERTOIV PARKWAY 1Cl~iICAGO, IL 00014 Legal Description f ISUB:VAIL DAS SCHdNE FIL i BLK:A I 1LbT: 8 - I L4CatiOR I Physical Address: 112349 CHAMONIX LN VAIL 1 -__ Subdivision. IIVAIL DAS SCHONE FIL 1 I -- - _ 1 Acres: I~0 1 Property Tax Valuation Information ~I Actual Value 11 Assessed Value 1 Land: II 200,00011 15,9201 Improvements:Il _ 558,94011 44,4901 Total: ~I 758,94011 00,4!01 I~ Sale date: 115/3D/2003 II littp;/fwww,eagle-counfy.comlGaodturnslassessorlParcel.asp?AccauntNumbcr=8031171 8/8/2003 Elected ofFicials,* County ser,lices~ Visitors Cammuni#y. I wantto...~ - Parcel Detail EA~G L~ C~U NAY homel® site Inder+l~ county contactsli~ SEARCH Page 1 of 3 ~Q Elected afficiats~ County services• Visi#ors~ Community I wantto.,,• eagle County Assessor/Treasurer Parcel Detail Irtfarmatii]n Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Basic Building Characteristics ~ Tax Information Sales Detail ~ Value Detail ~ Residential/Commercial Improvement Detail ~ Land Detail Tax. Area Account Number Parcel Number Mill Levy SC103 ROi2'1~5c i, 2?.011401009 45.$53 Ov-fner Dame and Address ~~W~JNG, BERT Y.S. $~ GLENDA L. BERTHA CIR LORADO SPRINGS, CO 80906 Legal Description SUB:VAIL DAS SCHONE FIL 1 BLK:A ILGT:10 BK-0313 PG-0882 QCQ i1-24-80 I IBK-0339 PG--0834 QCD 04-29-82 BK-0522 PG-0154 QCD 01-23-90 Latation Physical Address: 2329 CHAMdNIX RD VAIL _ Subdivision: IIVAIL DAS SCHONE FIL I ' Acres: 0 Property Tax. Valuation Information _ Actual Value ~ Assessed Value Land: 200,000 ~ _ Q Improvements: I 351,900~I - ~ ~~ ~I II http:/lw~ww.eagle-count}~.comlG oodturnslassessor/Parcel.asp?AccoulltN umiber=8012962 ~r812003 Parcel Detail ...... ._. ..~ ., .. ,.- .. 9 - ., i, ~..-~ ,...~. homer site inde~tl® Bounty contacts 1~ SEARCH Page 1 of 3 ® V Elected offitials4 Caun#y seraites,r Visitors r Cammun#y s ): v~ant ta,,.~ Eagle Gounty Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Basic Building Characteristics 1 Tax Information Sales Detail ~ Value Detail E Residential/Commercial Improvement Detail ~ Land Detail Tax Area ~~ Account Number ~~ Parcel Number ~~ Mill Levy f SC103 ~~ 8044860 ~~ 210311411021 ~~ 45.853 Qwner Name and Address LGOLDBERG, CARYN 4721 E PINEWOQD CI8 f ~LITTLET~N, CD $0121 Legal Description ~SUB:VAIL DAS SCHONE FIL 2 BLK:G ~LC)T:12B BiC-0709 PG-0$92 MAP '10-29-96 Bif-0709 PG-0893 DEC ~i0-29-95 B'iC-0711 PG-0814 QCD - - -- ---- - -- ~11-12-95 Location Physical Address: ~~2338 GARMISCH DR VAIL Subdivision_~~VATL DAS SCHONE FIi_ 2 Acres: ~I0,18 -- - - Property lax Valuation Information R ~~ Actual Value ~~ Assessed Value Land: ~I 100,000~~ 7,950 ~I 1~ --~ http:/lwti~+w_eagle-count}'.com/Goodturns/assessor/Pareel.asp?AccountNurnber =8044860 ~! 8/812003 Elected officials County ser~ices~ Visitors. Community I wantto...r Qwner Name and Address Location Physical Address: IfVAIL Subdivision: AVAIL DAS SCHONE FIL 1 Acres: 13.6 Property Tax Valuation Information I II Actual Value ~~ Assessed Value f Land: II -- - -6sz,®oo~~ _ 1s9,oso~. If -- CI l' http:lfwr~•~~-.eagl e-county.camU'Gaadturns/assessor/l'arcel.asp?Accouutl~iumbe:r=RQ28416 Eagle County Assessor,Ifireasurer Parcel Detail Yr~fvrimation Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Basic Bui{ding Characteristics ~ Tax Information Sales Detail ~ Value Detail ~ Residential/Commercial Improvement Detail a Land Detail I Tax Area II SCI03 I~ TOWN OF VAIL ~75 S FRONTAGE RD (VAIL, CO 81657 '~SUB:VAIL DAS SCHONE FIL 1 BLK:-_ LOT:- DESC: PARCEL B REStV6 TRACT D IBK-0363 PG-0792 QCD 02-22-83 ~BK-0642 PG-0959 WD b4-29-94 ~BK-0651 PG-0476 WD 09-b9-94 Account Number t~ Parcei Number ~I Mill Levy 8028416 I{ 210311415018 II 45.853 Legal Description 8/8/2003 ' Parcel Detail Page 1 of 2 ~---, ' ~~~] L~ ~V ~ 1 ~ home ^ slte inder~ ~ county contacts ~' SEARCH I I Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 8, 2003 SUBJECT: A request for a variance from Section 12-6G-6 (Setbacks}, Vail Yawn Gade, to allow far the location of three stone veneer deck columns in the required fifteen foot (15'} setback of the Two-Family Residential {R} Zone District, located at 3124 Booth Falls Court I Lot 7, Block 2, Vail Village 12t~' Filing. Applicant: Halide Gazioglu, represented by Shepherd Resources Inc / AlA Planner: Matt Gennett SUMMARY The applicant, Halide Gazioglu, is requesting a variancefrom Section 12-6C-0, I_otArea and Site Dimensions, Two-Family Residential {R} Zane District, to allow for three new stone veneer columns, which will replace three existing wood columns, to be constructed within the required fifteen foot (15'} side yard setback. The applicant is requesting the variance from the setback requirement to allow the new stone veneer columns to be built to support the existing deck and significantly improve the appearance of the overall structure. Staff is recommending approval of the variance request as it meets the criteria and findings contained in Section VI lI of this staff rnemarandum, and does not contribute to a significantly greater level of nonconformity. II. DESCRIPTION OF REQUEST The applicant is requesting relief from the Two-Family Residential (R} zone district's minimum side yard setback of 15' from the property line. Variances to setback requirements are allowed pursuant to Chapter 17, Variances, Val! Tawn Gode. The three stare veneer columns will each project exactly one foot beyond the line of the existing deck, as depicted on the attached, reduced site plan (Attachment C}. Pursuant to Sections 12-14-5 and 12-14-6 of the Vail Town Code, decks may encroach into setbacks: if the deck is less than five feet (5) above grade, it may encroach up to half the setback (7.5); and if it is more than five (5) above grade, the deck can projecf five feet (5) into the setback. Part of the existing, ran conforming deck, which was built in 197, is less than five feet (5'} off the ground, and part of the deck is greater than five (5'} off the ground, as shown on the attached elevations. • Ill. BACKGROUNi} April 29, 1975, the original building permit was approved far the existing single family residence on Lot 7, Block. 2, Vaii Village 12t~ Filing. • April 21, 1995, an application fora 251 sq fit addition and interior remodel was approved lay the Design Review Board (DRB). • May 21, 2003, an application for an exterior modification, involving the deck and landscaping, and an addition was approved by the DRB. July 18, 2003, an application for a change to the approved plans was staff approved. IV. ROLES OF REVIEWING BODIES The PEC is resr~onsible far evaluating a nranasal far: Action: The PEC is responsible for final approval/denial of a varRarrce,. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance #o other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified. regulation is necessary to achieve cornpatibifify and uniformity of treatment among sites in the vicinity, or to attain the ab~ectives of this Title without grant of special privilege. 3. The effect of the requested variance an light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Actian.~ The DRB has ND review authority on a variance, but must review any accompanying DRB application. Town Council: Actions ofDRB orPEC maybe appealed to the Town Council orby the Town Council. Town Council evaluates whether or not the PEC or ©RB erred wifh 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 fhe technics! 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 acrd provides a staff 2 evaluation of the protect 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 Reaulatian$: Chapter 6: Residential Districts, Article B. Two Family Residential (R}, 12-6C-6, Setbacks: fn the R district, the minimum front setback shall be twenty feet (2Q'), the minimum side setback shall be fifteen feet (?5), and the minimum rear setback shall be fifteen feet (15'); Chapter 14: Development Standards HandbQOk, Section 1 d.C: 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground Level may project not more than ten feet (1Q') nor more than one-haff (%) the minimum required dimension info a required setback area (...). 3. Balconies, decks, terraces, and ether similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may protect not more than five feet (5') nor more than one-half (%) the minimum required dimension into a required setback area, or may protect not more than five feet (5') nor more Phan one-fourth (~) the minimum required dimension into a required distance between buildings. (...) Chapter 17: Variances Section 12-17-1 A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or lifers! interprefation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a sits or the location of existing structures thereon; from topographic or physical conditions on the site ar in fhe immediate vicinity; or from other physical limitations., street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Section 12-17-6: A. Factors Enumerated: Before acting on a variance application, the planning and 3 environmental commission shall consider the following factors with respect to the requested variance,- 1. The relationship of the requested variance to other existing orpotential uses and structures in fhe vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary' fa achieve compatibility and uniformity of Treatment among sites in fhe vicinify, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance an light and air, distribution of population, transportation and fraffic facilities, public facilities and ufilities, and public safety. ~. Such other factors and criteria as the commission deems applicable to fhe proposed variance. B. !Necessary Findings,' The planning and environmental commission shall make the following findings before granting a variance: 1. That fhe granting of the variance will not constitute a grant of special privilege inconsistent wifh the limitaflons on other properties classified in the same district- 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties ar . improvements In the vicinity. 3. That fhe variance is warranted for one or more of fhe following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title.. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of fhe variance that do not apply generally to other properties in fhe same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. (Ord. 8(1973) § 19.60f1} Section 12-17-7: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion wifhin Two (2) years from when the approval becomes final. (Ord. 48 (1991) § 2: Ord. 16(1978) § 5(c}} • Section 12-17-$: In addition to fhe conditions which maybe prescribed pursuant fo this chapter, any site or use subject to a variance permit shall also be subject fo all other procedures, permits, and requirements of this and other applicable chapters and regulations of fhe town. In event of any conflict between fhe provisions of a variance permit and other permit ar requirement, fhe more restrictive provision shall prevail. (©rd. 8(9973) § 9 9.900) VI. SITE ANALYSIS 3120 Booth Falls Court /Lot 7, Block 2, Vail Village 12Eh Filing Zoning: Two-Family Residential 4R) District Land Use Plan Designation: Residential Current Land Use: Residentia! Development Standard Requiredl Allowed Existing Propased Lot Area: 15,000 sq ft 16,291.44 sq ft nlc Setbacks: Front: 20' 18' nlc Sides: 15' 15.5' & 13' nlc Rear: 15' 118' nfc Strew m NA NA n/c Building Height: 33' 20,4' nlc Density: Two units per Ic+t. One per 16,291 sq ft nlc G Ri=A: 4,279 sq ft 3,292 sq ft n/c Site Coverage: 3,258 sq ft (20%) 1,995 sq ft (12%) 2,419sgft(15%) Landscape Area: 9,774 sq ft (60%) 9,965 sq ft {61 %) 10,916sgtt(~67°!0) Parking: 3 spaces 4 spaces nlc (n/c = no change, NA =Not Applicable) VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two-Family Residential District(l~) South: Residential General Use District (GU) East: Residential Two-Family Residential District ~R) West: Open Space Natural Area Preservation District (NAPD) 5 VII[. CRITERIA ANC) FINI]INGS A. Consideration of Factors Reaardina the Setback Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The requested variance is not ofi any negative consequence to other existing ar potential uses and structures in the vicinity. Both immediate neighbors, to the north and south of the subject site, have given theirwritten consent to the proposed improvements and the variance required to build those improvements as they believe it will enhance the visual appeal ofi their neighbors residence.. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The encroachments of the proposed stone veneer columns do not cause any visual harm or nuisance to neighboring property owners and, in fact, blend in better than the existing wood columns with the new exterior improvements. As depicted on the attached, reduced site plan and proposed south elevation, the new columns are an aesthetic improvement over the visual appearance of the existing wood columns. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or l to attain the objectives of this title without a grant of special privilege. The granting of the variance wi11 not constitute a grant of special privilege inconsistent with the limitations on ether properties classified in the same district. The applicant's proposal will not increase the level of existing encroachment into the required side setback of the Two-Family Residential Zone District. The level of nonconformity, which is preexisting due to the original construction of the axis#ing deck, will not perceptibly increase with the granting of this variance request. It is apparent to town staff that unique circumstances apply to this lo# and some relief from the strict interpretation of the zoning regulations may be necessary in order to achieve the best possible end result for both the owner and the neighbor to the south of the subject property. 3. The effect of the requested variance an light and air, distribution of population, transportation and tra#Fic facilities, public facilities and utilities, and public safety. Staff does no# believe that there will be any negative impacts associated with this proposal. The deck has existed in its present location for nearly three decades and the neighbor most impacted by its encroachment (on the south) has stated that the new stone veneer columns, in concert with proposed :7 landscaping, will improve their enjoyment of their own home by having a more appealing structure to view when looking in the direction of the south elevation of the Gazioglu residence. The Planning and Environmental Commission shall make the following find'rnas before granting a variance: The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. The variance is warranted for one or mare of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. Exceptions ar extraordinary circumstances or conditions applicable to the same site of the variance exist that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Ix. STAFF RECQMMENDATIQN The Community Development Department recommends approval of the request for a variance from Section 12-6C-6 (Setbacks), Vail Town Cade, to allow forthe location of three stone veneer deck columns in the required fifteen foot {15'} setback of the Two-Family Residential {R) Zone District, located at 3120 Booth Falls Court !Lot 7, Block 2, Vail Village 12th Filing. Staffs 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 Endings: 1. That the granting of the variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. ?. That the granting of the variance will not be detrimental to the public health, safety, ar welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 4. That the strict interpretation ar enforcement of the specified regulation would deprive • 7 the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to approve the variance request, staff recommends the fallowing condition: 1. That an Improvement Location Certificate ~ILC) be submitted and approved upon completion of construction X. ~-ttachments A. Vicinity Map B. Applicant's prapasai and letter to the PEG C, Reduced site plan, architectural elevations and floor plans l]. List of adjacent property owners E. Correspondence between the applicant and neighbors 8 • Attachment: A -~`,__.-_ y'°03 03:41 pm From~Tl3Yt~l ~F VAIt COI,r~IU€VITY DE~IELOPIRENiT 97D47924E2 T~P08 Attachr~en#: B ,_,~;~° ~; ~~ ,r~;~ Appl icatiolr~ for Re~iewr by the ~ fA~ ' ~u ~~~~ ~~,.~-~i,~°'~-.~ '~.~: Manning and ~n~rirvnrnentat Cvmmfssivn YY#Y '0,~ V,` f~ Department of Community Qevelopment 755outh Frontar~e Road, vaiP, Caloradd 81657 ^ tel: 970.79.2139 fax: g7a.479_Z452 weh: www_ci.vaii,co.us General xnfarntatian: Af] projects requiring Planning and Environmental Commission review mum receive appro+rap prior to sz~bmitting a building permit application. ?Pease refer to the subrniitai requirements far the particular apprca.+al that is requested. An application for Planning and environmental Commission review Cannot be accepted until all required Jnforn-ratian is received by ~e Community Develppment Department The ,project may 8i5o need to tie reviewed by the Town Council andJar tine Design Review Board. Type of Application and Fee: O Rezoning $1340 ^ Conditional Lfse Permit ~bSQ ^ Major Subdivision ~150p O Flaodpfain i+"lodification X400 ~1 Minor Subdivision $550 ^ Minor 6cterinr Alteration $650 ^ Exemptinn Plat $650 ^ Major P~teriar Alteration ~SO(l Cl Minor Amendment to an 5DQ $1000 ^ Development PPan X15()0 hEew $peaa! [3evelgpment DlStriCt $6000 ^ Amendment to a DevePapment Plan X250 ^ Major Amendment tc, an SDD $50Qp ^ Zoning Code Amendment . X1300 ^ Major Amendment to an 5DD 512.50 `~ Valance _ $500 ~ (rte exterar rnrdifr~tinrs) G Sign Variance . $20{l o~:scription of the Request: .~~o~ ~ d € -P-r•~n~.~ ,,1~ 5~~ t?r; ; ~. ~• ~~Ll+N^ S Vcl ~-}i ~ ~ vU {l..L., ~'~- Pt~~ ~~n1G 1gi,~p G~iu ~ f~1 ~?r7~~ ~t ~r~_ i 5~~+~o~r~N~- a+.5 ~~Ll'}~INa ~ a~ tL vUk#[4-.t r~.,a~',~ra~ ~~R-si.l~.~.. ~ r~r'a vacation of tiye Proposal: L.at: 7 Block: 2 Subdivision: ~~.T~ ~rC-~'~•~~A~''' ~ous~fl, Physical Add«~~; 312 ~~sr+-t 5 ~-~'u~ l~gr t C_._. ~ Parcel No.: '~~©~ D'~?i~ P 23 (a~antact Eagle Co. A55ESSOr at 970-32$-854{7 for parcel no.) Zoning: ~~ L Val Ps~.'J /~J~C~~ ~ ()' Ps,l~.`~ ~~Ll ~ 17$~t~`~#~~ r , Name(s) of owrner(s): ~ C ~.~e.~S ' Mailin Address.. ~'l2d '~~OT"1~1 L..L.~ C~C~r_1~2'~" ~ V furl L ~ ° ,/~ Owner(s) Signatrare{s}: ~~~~~ I,~..:~j Name of Applicanfi: ~~,~~4"~x~ .,•.C•~.•~ ! ~F ~ .. ... ....... . Mailing Address: ~© 1 rn _ - r~tln ~i f ~ $L~LU E-mail Address: ~-t~'"jj~.1 ~~# [1`~rz'<ol~,Fax ~7D -- ~~ -' ~l 2.:1 Far Office Use only: . Fee Paid: Check Mo.: By: AppPicdtiori Date: _ - - PEA iYa.: ~ fU ~~(~ Planner Project No_~ ~~~~"~ -vlr ~- Pale 1 of 6-(} P 11 ,+0? ~ . SHEPHERD RESOURCES 1NC 1 AIA August I I , 2403 Town of Vail Planning and Environmental Commission 7S South Frontage Road. Vail, Co. 8 i 6S7 RE; GAZIOGLU RESIDENCE, PROJECT # Q223 312 BOOTH FALLS COURT REQUESTED VARIANCE POST OFFICE BOx I b24 AVON CC~LORAL7rJ 9i52D l"97D 949 33fl2 F97D 949 5121 W WW.SR[ARCHITECT,COMI Dear Planning and Environmental Commission The Owner is seeking a variance for three proposed new stone veneer columns which will replace existing wood columns supporting an existing wood deck. The new stone veneer columns will locate on the south side of the residence within the setback. Refer to attached plan A2.OR and elevations A3.OR and A3. I R (item 9 clouded on drawings Per Zoning Regulation # 12 14-5 and 12- 14-b, decks can project into set backs. If the deck is less than 5'-Q" off the ground, the deck can project 10" or half the set back 1?.5'} into the set back. If the deck is greater than 5'-D" off the ground, the deck can project S'-~" into the set back. Part of the existing deck is less than 5'-0" off the ground and part is greater than S'-0" off the ground. The existing deck, which was built in 1975, is in violation of both 12- 14-5 and 12- 146. The existing wood columns do not blend very well with the new columns of the remodel already under construction. The owner is requesting the variance to allow the new stone veneer columns to be built to support the existing deck and improve the appearance of the supporting columns and the deck.. With Best Regards, Dean Koll AIA, Vice President, Managing Architect • a1 ~~ IJ r ,~,~/~ ~ J ~~ g a m" 4m ~ , ~ ~~ ~_ m ~ ~ ~Z ~a ~` ~~~ ~~ ~ ~~ r ~f ~ ~~ ~ ~ ~ ~, ~ ~~~ ~.so \ \ r Q P A~ rR~^ $~ ~- _, ~ ~!~' 354Hd 4 D-~ ~ ~m~ ~`~ r Q -a a l~ °' ,. ~-d • a, ~1 ~I~ ~I~ ~'1~ ~ i~ ~~1 I I ••1 rl ~I s ~ +~ I 1 e ~a v-I D ~ r~ ~ Qf ~r i~ ~ ~ I ~~ ~ ~i~ I gib'. pax m II I~f ;m I~~ i~ n+ I d I s' I I i .-0 II .~ I ~ I I I ~ ! 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I I I f 1 I I ^'~' ' I I I I I I ' I ~~` ~ ~~ E I~ 4 ~r Q • 09/Oa/2003 ~i1:08 FtLY Attachment: D r, ,~ ~~ Bavth Creelc.txtll/ .~ R01~9$2 2101D23{?10C'370 6,4RBOREK FAMILY TRUST , 3265 B KAT505 RANCH RD", "NAIL!', "CO", "~16.J(,1 dy ~ "P00971.3" , "" , "CADMUS , MARK & MARIA" , "2$1 BRIDGE • ST'' ,'"' , "NAIL" , 1'Cfl" , „$15+7 /l41 *' ~~!! urr n~~F~,~~R~~~1.~-rt``nu n~"~--01. 114 ~{~~ICIIl~,11~i1'~~ 71Vn rr~lr-w.~n n75~d'~'r ~~}( RQd82 3 210 2 01.003 , FEENEY, ANIEL AMES , , 3145yA BOOTH FALLSr CT" , "NAIL" , ",CO„ , "81G57°' iii~~~JJJ • ,~-F,.t-r . _... ~ ,~.__ ~ Ham, 1~0~" „" "1,335 5 DOU+INING ST" " ENVER" "CQ" „80ZZQ" ROd8Z7 ", ~r~1010 0102",'~FWE~S,. $AA~AFt~, Ni. , .~ ~.; ~"-~~-1-ux~.rt .~ , IT Il .. ~,~r~~ll illl,.l !1 Il~~~d~ll rU~L ~, 2It)~ 1~U ~' , 'TOWN OF VAIL~ ~"'.,../S 5 FRONTAGE RD W","'VA ","CO",°81657" ~:'R01.594$","2101023011)31","PARLIAMENT, AMY & CASEY","","3121 BELLFLOWER","NAIL°',"COr' "$x,657°, "R0074$4" "21010230102$rr}"ROUSE INVESTMENT [8","10275 Lit~1..E PATUX£NT p ~`„ 1,,, ~ 1,COLUMR rl 1, ,1 r,7.1 lldd„ ~~~~u~ ~' , "11U1t1~a~.©23n , "GA~IOGLU, HALIDE K. ", "3120 800TH FALLS r~„ 'e, ,, ,1,~r~ FI 1l~1,! 11 ~ ~~Ir '~007404]'('~' ~I01U230Z~2~~` ,"BENNETT, JOHN B.","Cf© GdRE CREEK PRDPER'i7E5","p~1 64X ~n "r~~~liTl n nr~ 11 ,! 7n "R ijtS~5"~~°'2Zd10Z~0 d„D,,, CAULKINS FAMILY PTNSHP", °1604 BRQADWAY _ ::r,,,, DENVER C 8a20Z,~~' `"R~Q8071+~,"2~7,(~'~`1~O1L11$'".,,NAIL MOLINT_AIN SICHOC~L,',,'PO BOX 607",°"',"VA_IL","~0",•`$ilF]5$'r ~.U {1 ti :' r.~r3tf4T3..,.,2 Z3UZl1lS..,.''vAIL wrcr ~, ~~ru rsuh r .,.. ,. vra~,L', LU , nio~o-- ~-°ROOBZ57","27.0102301014","STEIMLE, MICHAEL DAVID, CYNTHIA RUTH, -","JC]FiN pAVI'~] & RUT!-f KOHL" "PO BOX 2424" "NAIL" "CO" °81658°'' r"'R010(!44", x'7101{}2301012",,'STORY, RAYS E. , ]R'r, "'r,"~~ LEEDS CT E" , «'DAAtVILLE" , "CA" , „9452.&-4348" --~-"8014675","21d10Z301011","LUBIN, KENNETH A.","3235 fCAT5D5 RANCH RD","","NAIL„,"CO","81657-4635° ~-=8008755" "210102301010","CURRENT, WILLaAM c. & NANCY N.","3235 KAT505 RANCH ,! ,,,, 8 1, „ ,1 „ ROAD , , VATL , CO $1557 ~'R014061`.,"2101023d1.(}o7,,,'rNAVAS, ]ORGE A. - YOUNGQiJI5T, TRUDI -]T","","1$3 GORE. CREEK DR" ,,'NAIL" , "CO11 , ,' 81657" ~'"800$471","210102301005","GRISAFT, REGINA REIMERS, JOHN -JT","",°PO BOX 598","NAIL","CO",,'81658„ ~"8017094", "210Z02301dd4,', "TOwr~ OE NAIL", "Cj0 FINANCE DEPT", "75 S FRQ'NTAGE 11 ,1~,~ „ le~^tl/11 ~"~ ~3„ "RL307475" 2101~}2~{]~ 1 CF#f~L , ,' , " ALLS~"~~.,, ~, 0 9 NAIL MdUNTAIN S 3010 60t]TH F RD , VAIL1, nCOrr ,r 5~rr r-~ "1~y49",'iZ10xU2~~~032","PARLIAMENT, FRANCI~E. R_ & MARVIN A. ",,,3741 KATSOS RANCH fig„ ~ 111, i IIVAILI, ~ IICO11 ~ „81652„ ~~`Rd12981",'12].01012J301029","CADMUS, MARK & MARTA,',117$1 BRIDGE -`R043330~A~Z1.010230204'S]5E7J"WYMgN, TIMOTHY E.","31 S HARRISON ~11' 11 ,!' „C.II C~TIJN'1' I/M~,1 ! „Er ~i]L~„41, ` ,-"R045/1~14", "21d1{?230Id48", "SPECK, ERIC 7.", "'r, "54tH W MOCKINGBIRD LN", , "LJAI_LA~11 ~ ,1-,yrl } "75209°' "Rd43331" , "210102301445" , "LISCHER, MIC>•IAEL E, & MARIE R. -aT" r 111,' u~.226 PINE `'~ En „ pcn ,12~„ n577~7„ n n le J n nn n 3130 BOOTH FALLS. _RO fi ~~ ~Q~d~01.d44 LAMB TRUST DATEd~ OCTOBER 8TH, 2402 c-T vA ~. CO' 1 ~•~S . ~ J . .R~9~~~ , ' ~lU1~3~1~~3', "Gl7ERRY, RI KENNON & ROBIN 5. -~Tl+ ~ /,,, r 1313,0 B BOOTH ALLS Cl"' 1'IVA ~" 11 ~' 1181657° ~~ rcu~ayLt~ , ~'Zl~1QZ3U1041' ;''PIPER, DtIANE & CAROLYN",„PO BOX~- 5560",„"1"AVON",r'CO","8].620" ~ "8406929',"210102301041","JASPER, HARRY 3r & DEBORAH ]. -JT","","Z4738 FOOTHILLS DR N'r,"GOLDEN","CO","$4401" ~.r- 1"ItC}09ry937ry8„ ,'~2y1R0~1D2301040" , "Wt~RTS, ~[7HN S. -1 ~ „11DCEDAR WY'1 ~ Illr r,~CONCORI]" ~ rl~ll ~ I,OZ7'42t, ~ r~J'8009939","210142301039","CdB6, 7AME5 T., JR & RI}TH M.nlnnr/r~~ PARKwAX „ * 11 ~`r~ i~r-E (11'11« ,1{ n 11 ~~~~" ~ Ze+ °8010238'°, "21Q102301 STON, ROY A.",,'"~, "PO BOX ~ . ,r PIEOwA(~ ,. N~nl, ,151~~,r _ ul 1j~ Zl~l~ILj1UJ1.Qjl•` 1`I'~10RDSTRAND, JOHN E. ~ TAMMY -JT", nu+~r3115 Bt1OTW ~ -FALLS CT E,r ~ ,IVATLII r IIC©!1 tl 1,815521. 09JQ5/2003 10:0 F~.Y boos Booth cree~C. txt "R04S113"~"21O1Q23OxO47"1"SCOTT, AL+AiV M. -WALKER KATHLEEN M. -JTI'Nr•93fi DETRQZT ST0/' li rl' nDEMJERI' 1 0~O11 , ~t~Q~~~'r rrR ~} rr rl ~~.i ~il~ 1.. ~,' rsM~~~lr' rl tl 17'~iiffp Alt Ir~gT~ w tl ~..nrr rrpJ.~~V1t p~"yp17.~~1] ~~T ' ~ °2~O1~2p~~~C.,1]~7° 1'/VAIL MOUr1TAIN SCNOfl L'r ~ ri lr ~ 11000 ~~~TH FALLS c3 i~`J} M1L7.i1 s 11~ATLl1' I. ~~^II 1 IIQ~C~Z11 ~ Y f''~.L VV~ ~ U CJ J \~~ \~/ Page z Attachrr~~~ri: E ,~ SHEPHERp RESOURCE5 INC 1 AIA POST O~FiCE BOX 1624 AVDN CO~CRAD~ .81620 T4?0 445 3302 FS70 449 5121 /~UgUy-tZj ~,{~{~3 WW'w.SRIARCN]TECT.CCJM Halide Gaziogtu 3 120 Booth Falls Court Vail, CC) 81557 RE: AUGUST 2t~, 20Q3 LETTER FROM NEIGHBORS Dear Halide, We have reviewed the above-mentioned letter and do not in theory disagree that some landscape upgrades should take place between your decks and the lot 5. property line, The existing and approved Planting Plan dated 5/I 3/fl3, sheet LP-2, already shows two new spruce trees, three new aspens, six native chokecherry trees, seven bailey dogwoods, and three yellow currents between your decks and the property line. See a~~hRr~ pol:i^^ ^¢ r"p~+ P ~ I have spoken to Jim Christie of Colorado PJpines, Inc., • your landscape architect, and he and l believe we can revise the approved plantings if required to meet with you and your neighbors approval. We do not suggest that you sign the August 20, 2aC~3 Agreement because the suggested plan does not work because: I . The proposed location of the desired berm is in disregard of the drainage flow line from under the decks and from .your front yard. 2. The three spruce trees on the proposed plan are only shown approximately 4 feet apart. The girth of a I (7' tall spruce tree is approximately 5' diameter. Therefore, at a minimum, I d' tall spruce trees should be planted 5' apart. This will still not allow far much growth. at the base because the trees will be planted already touching each other, 3, The plan submitted states, "specific location not to block important view from Lot 7 - to screen new deck". The proposed focation of they three new spruce trees is directly between your new Family Room, Lower Deck, and Medium Deck and the hillside and falls across I-70. This is specifically one of the view corridors you instructed us to try to preserve. 11 ea The letter also implies that the access has been a hardship and that the neighbors were given assurances that the property would be restored in lull. I had heard that the access was proceeding fairly well and no one has told me that Evans Chaffee Construction Group will not restore the property in full. Has ~~ ~'~~ ~;.. something happened, ~~rithout my knowledge, to make the neighbors question whether you will fulfill this agreement? Additionally, when you asked us to design the proposed new columns, which violate the setback and require a variance, you advised that the neighbors were in favor of the upgraded stone columns. If you wish, we can withdraw the variance request and go forward without the added three columns. • 1n summary, we believe that a meeting should be held with you, the neighbors, the landscape architect and us to discuss some possible planting revisions that both screen your new decfcs and respect your view corridors. Please also be aware that any landscape revision will need the approval of the Design Review Board, as all landscape changes or additions by anyone need their review and apprava{. With Regards, can . Koll, AIA Vice President, Managing Architect CC: Town of Vail,- Matt Gennett Colorado Alpines, lnc, )im Christie l;vans Chaffee Construction Croup, Bryan Johnson a1 ~N ~~ ~ ~... l~ =lI .~''. ~`'- R :~~., I ,'L.'~I.,~, .u 1 l +~ fF C +( C . C ~.~ ~DRtVE~ -gyp IG~.L G ~~ ~~ ~~ D ~-` ~, .r '~ ~~~~ ~ ~ ~. ~ ,,~, ,. ~; fir: _. 3.~;,`~ + ., f~ ,. r, ,~ ~:... ~~ .-f~ '`' ~L QI~`~U ~~~~~ ~~~~ ~~~~,T,~T~.~ `~l LOT 7 ~fi~ ~ ~' ~~ August 28, 2(~C13 To: Ken and Robin Guerry George and Lizzette Lamb Re: August ~~, 20113 Letter Dear Neighbors, I would like to start by apologizing for the inconvenience that my construction has seemed to cause you. I am troubled that you have been so disturbed due to my construction, as I did not intend for that. Therefore, we are searching for solutions to avoid further inconveniencing you by possibly using the west side of the house for future access. Also, we are very committed to fulfilling our assurances of repairing any damage to your property. I apologize Ken, if you feel I was rude Thursday evening, as our neighbor Lizzette informed me Saturday morning. I didn't intend to sound rude, but [was somewhat taken back by the tone of the letter., At any rate, somehow you took my response as negative and conveyed that to the Lambs, who insinuated that I may not live up to my commitment. 1 have shared the letter with my architect, Dean Koll {Shepherd Resources, Inc.} and Landscape Architect Jim Christie {Colorado Alpines, Inc.) as I indicated that I would during my conversation with , Ken Thursday evening. 1 had never intended not to add landscaping between our properties, which is obvious on the approved planting plan. At this time, it does not appear your proposal works, per my professionais. Please see the attached letter, which states why your proposal would not work. However, I believe that a solution that works for bath you and me can be reached. Thank you for taking the time to read our concerns and I look forward to our meeting with Jim Christie and Dean Koll. Please let me know what date would best work far you. rVe~ry truly yours, . 1~ Halsde K. Gazioglu CC: Town ofi Vail, Matt Gennett Colorado Alpines, Inc., Jim Christie Evans Chaffee Construction Group, Bryan Johnson MEMORANl3UM T4: Planning and Environmental Commission FROM: Community Development Department DATE: September 8, 2C1Q3 SUBJECT: A request for review of a minor subdivision, which resubdivides part of Lots L and K, Black ~E, Vail Village First Filing, to create Lats 1 and 2, Sonnenalp Subdivision, located at 20 Vail Road, 62 East Meadow Drive, and $2 East Meadow Drive. Applicant: Sonnenalp Properties, represented by Braun Assaciates Inc. Planner: Warren Campbell 1. SUMMARY The applicant, Sonnenalp Properties represented by Braun Associates Inc., is requesting approval of a minor subdivision, which resubdivides part of Lots L and K, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Sonnenalp Subdivision, located at 2Q Vail Road, ~2 East Meadow Drive, and $2 East Meadow Drive. The minor subdivision if approved would result in the Sonnenalp Hotel and Swiss Chalet. being located on two separate parcels. S#aff is recommending approval of this application subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF REC~UEST Tyre applicant,. Sonnenalp Properties represented by Braun Assaciates lnc., have recently gone through the Town of Vail Planning and Environmental Commission review process for approval of an addition to the Sonnenalp Hotel and the reconstruction of the Swiss Chalet. A vicinity map is attached depicting the Sonnenalp and Swiss Chalet properties (attachment A}. Through that process several issues were found regarding the nature of the recorded plats upon which the Sonnenalp Hotel and the Swiss Chalet are constructed, It became evident that several previously recorded lots, Lats L and K, cut through the larger parcels upon which the Sonnenalp and Swiss Chalet are located and created unnecessary dotter and confusion when reviewing the plats. In addition, it was discovered that parkians of the Sonnenalp Hotel extend into Town of Vail owned Tract I and portions of the Talisman Condominium building extend onto Sonnenalp and Swiss Chalet properties. A statement from the applicant is attached which discusses this minor subdivision proposal in greater detail (attachment B). This application proposes to clean up and re-plat the properties upon which the Sonnenalp and Swiss Chalet are constructed (attachment C). The minor subdivision, if approved, would result in the Sonnenalp Hotel and Swiss Chalet being located on two separate properties and would record multiple easement agreements between the Sonnenalp Hotel and the Town of Vail, Talisman Condominium Association and Sonnenalp Resort Property, and Talisman Condominium Association and Swiss Hotel Property. Copies of the proposed easement agreements are include for your review; however, Tawn Council will have fnat review for approve[ or denial (attachment D). III. BACKGROUND These properties were platted as a part of the anginal Town of Vail under Vail Vi[1age First t=iling, as Lots L and K, Black 6E, which became effective by election on August 23, 1966, and court order of August 26, 1966.. On N1ay 12, 2003, the Town of Vail Planning and Environmental Commission granted final approval of five development review applications for the Sonnenalp Hotel and Swiss Chalet. Each of the five applications were submitted to facilitate the redevelopment of the Swiss Chalet and to allow far the construction of an addition onto the Sonnenalp Hotel. The five applications included requests far a major exterior alteration, text amendment, variance, conditional use permit, and a flood plain rnadification. Upon review of the requests, the Commission voted unanimously to approve the applications with conditions. A total of nine (5) conditions accompanied the approval. N. R©LES ~DF REVIEWING BOARDS Planning and Environmental Cpmmission: Action. The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision. Specifically the the cede states in Section 13-3-4, Commission Review of Application; Criteria: The burden of proof shall rest with the applicant fo show that fhe application is in compliance with the infenf and purposes of fhis Chapter, the Zoning Ordinance and otherperfinent regulations that the Planning and Environmenfa! Commission deems applicable. Due consideration shall be given fo fhe recommendations made by public agencies, utility companies and other agencies consuJfed under subsectir~n 73-3-3C above. The Planning and Environmental Commission shall review the applicafion and consider ifs appropriateness in regard to Town policies relafing to subdivision contrr~l, densities proposed, regulafions, ordinances and resolutions and other applicable documents, environmental integrity and compafibilify with fhe surrounding land uses and other applicable documents, effects on the aesthetics of the Town." Design Review Board: Action_ The Design Review Board has NO review authority on a minor subdivision, but must review any accompanying Design Review Board application. Town Council. The Tawn Council is the final decision making authority for a minor subdivision and adoption of easements between a private property owner and the Tawn. Final actions of Design Review Board or Planning and 'Environmental Commission maybe i ~ appealed to the Town Council or by the Tawn Council. Town Council evaluates whether or not the Planning and Environmen#al Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or ~ overturn the board's decision, Staff: The staff is responsible fior 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 Code: Title 13: Subdivision Regulations (partial) 13-2-2 Definitions Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street ar road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. 13-4 Minor Subdivisions ~3-4-~: EXEMPTIQNS IN PI?UCEDUR~ AND SUBMITTALS: "Minor subdivisions", as defined in Section ~3-2-2 of this Tifle, shall be exempt from requirements related to prefiminary plan procedures and submittals. Minor subdivisions maybe required to submit an environmental impact report if required by Title 92, Chapter 12 of this Code. (Qrd. 2(1983 § 1) Vf. SUROUNDING LAND USES AND ZONING North: East: West: South: VIL SITE ANALYSIS Land Use Mixed Use Mixed Use Mixed Use/Institution Open Space Zoning Public Accommodation SDD #6 Commercial Core 2 Public AccommodationlGenera[ Use Outdoor Recreation Proposed Lot 1 5onnenaip Hotel* Zoning: Public Accommodation District Land Use Plan Designation: Village Master Plan Current Land Use: HotellLodge Development Standard Allowed Proposed Lot Area: 10,000 sq. ft. 85,$08.3 sq.ft. Dimension: 80'X80` min. exceeds 80'X80' Frontage: 30' min. Approximately 360 feet along Vail Road and 380 feet along East Meadow Drive Access: Access to the site will be via Vail Road through the existing curb cuts. An access easement for the Talisman Condominiums is depicted across this lot for Talisman access. An underground parking structure which Grasses the shared property line of proposed Lots 1 and 2 will also provide traffic circulation. I'~roposed Lat 2 Swiss Chalet* honing: Public Accommodation District Land Use Plan Designation: Village Master Plan Current Land Use: HotellLodge Development Standard Allowed Proposed Lot Area: 10,000 sq. ft. 35,080,56 sq. ft. Dimension: 8q'X$0' min. exceeds 80'X80' min. Frontage; 30' min. Approximately 220 feet along East Meadow Drive and 140 feet along Willow Bridge Road Access; Access to the site will be via Willow Bridge Road through the existing curb cu# and eventually if the site is redeveloped as proposed access will be through a driveway leading to the underground. parking structure, An underground parking structure which Grosses the shared property line of proposed Lots 1 and 2 will also provide tragic circulation. * This proposed minor subdivision will not make either lot non-conforming in regards to the zoning code. A zoning analysis was conducted as a part of Sonnenalp Hotel addition and the Swiss Chalet redevelopment. A note on the plat ties the two new proposed Sots together for zoning analysis and remaining dewelopment potential. Note 11 on the plat states: "For the purpose of toning, Lots 1 and'2 created hj. dais suhdivirion are to he treated as one development site. Developrnen! standards shall he hosed upon the improvements and land area of'Lots 1 and 2. 11'lll. APPLICATION CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission far a Minor Subdivision application is: Lot Area: The minimum lot area far the Public Accommodation is 10,000 square feet, Both of the proposed lots, Lot 1 and Lot 2, exceed 1Q,000 square feet with Lot 1 measuring 85,508 square feet and Lot 2 measuring 35, 980 square feet. Frontage: The minimum frontage for the Public Accommodation District is 30 feet. Lot 1 has approximately 360 feet along Vai! Road and 380 feet along East Meadow Drive. Lot 2 has approximately 22p feet along East Meadow Drive and 140 feet along Willow Bridge Road. Qimensian: The Public Accommodation Qistrict requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. 2. The second set of review criteria to be considered wifh a minor subdivision requesf is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall resf with the applicant fo show that the application is in compliance with fhe infenf and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicablea._.The Planning and Environmental Commission shall review the applicafion and consider its appropriateness in regard to Town policies relating to subdivision confrol, densities proposed, regulations, ordinances and resolufions and other applicable documents, environmental integrity and cornpafibility wifh the surrounding land uses and ofher applicable documents, effects on the aesthefics of fhe Town." The purpose section of Title 13„ Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community, The subdivision purpose statements from 13-1-2 (C} are as follows: 1. To inform each subdivider of fhe sfandards and criteria by which development proposals wilf be evaluated and to provide informafion as fo the type and extent of impravemenfs required. „ Staff Response: No parties outside the Town of VaiE were notified of #his application for a minor subdivision as it was determined by staff that the nature of the request posed no impact to outside parties. Section 13-4-2 grants the Zoning Code Administrator the right to waive certain requirements required for a minor subdivision. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land.'" Staff Response: This proposed miner subdivision establishes two separate lots which will not adversely affect adjacent land. The existing Talisman Condominium lot currently does not have direct access to a public right-of- way. However, the Talisman Condominiums has an access easement which was recorded in the 1960's with the original platting of their property which is shown on the proposed Sonnenalp Subdivision past. The Ta[isman does nvt currently gain access to their property through the platted easement area. In addition, on April 18, 1978 the Town Council passed Ordinance No. 14 Series of 1978 establishing Pedestrian Malls" on multiple streets including East Meadow Drive. In Section 9 of the Ordinance the Town granted the Talisman access to their property off of East Meadow Drive with certain. terms and conditions. Staff has discussed the need to record a legal description of the access easement with the applicant, It has been determined by staff and the applicant that the easement will be changing locations if the recently approved redevelopment occurs an the site. Both staff and the applicant fee{ that the appropriate time to record the legal description of the easement will be prior to the granting of a building permit for the Sonnenalp Hatel addition. The easement will need to be reviewed by the Town Attorney. The platting of the easement was a condition of the May 12, 2003 Planning and Environmental Commission approval of the Sonnenalp addition and the Swiss Chalet redevelopment. The condition read as follows: "Thaf the applicant receives approval from the Tawn of Vail of a perpetual easement for ingress and egress of vehicular fraffic to the Talisman Condominium property, located of 62 ,East Meadow Drive. The purpose of the easemenf shall be to provide a free, uninterrupted right of vehicular ingress and egress to and from fhe 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 agreemenf shall be accepted by fhe Town of Vail in writing and shall be approved by fhe Planning and Environmental Commission, prior to granting a fr'nal approve! of this project. The easement agreement shall be recorded by fhe applicant at fhe Office of fhe Eagle County Clerk & Recorder, prior to fhe issuance of a building permit for any construction of this project, " 3. To protect and conserve fhe value of Land throughout fhe Municipality and the value of buildings and improvements on the land. Staff Resp©nse: The proposed minas subdivision will have no detrimental affect on the value of land within the Tawn. 4. To ensure that subdivision of property is in compliance with fhe Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistenf with Town development objectives. Staff Response: The proposed creation of Lots '[ and 2 meets all the criteria Ilsted aboV~, G '~ b. To gur'de public and private policy and action in order to provide adequate and efficient transportation, wafer, sewage, schools, parks, pfaygrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The proposed minor subdivision meets all the requirements listed above. 6. To provide for accurate Legal descriptions of newly subdivided land and fo establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision wi11 clean up the existing plat for the properties while correcting several ,previous surveying errors. This plat will correctly show several encroachments of the Sonnenalp Hotel onto Town of Vail owned Tract I and encroachments of the Talisman building onto the Sonnenalp and Swiss Chalet properties. This plat will also record easement agreements between all the properties fisted above. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources • throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. Findings: The following findings are used for a Minor Subdivision: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter,. the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Tvwn policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. 1X. STAFF RECC]MMENDATIUN The Community Development Departmerst recommends that the Planning and Environmental Commission approves the final plat for the Sonnenalp Subdivision, a resubdivision of parts of Lots L and K, Block 5E, Vail Village First Filing based upon the criteria evaluated in mentioned above in this memorandum. The recommendation of approval includes the findings mentioned above. In addition to the findings above, staff recommends the following conditions: 1. That the applicant receives Vail Town Councik approval of the final plat and the accompanying easement agreements for the Sonnenalp Hotel encroachments onto Town of Mail property prior to recording the plat and easements. 2. That the applicant records a legal description of the Talisman Condominium's access agreement, pedestrian easements, and signage easements associated with the approved Sonnenalp and Swiss Chalet project prior to receiving a building permit far the Sonnenalp Hotel addition if the recently approved redevelopment occurs establishing a permanent location of the access easement. 3. The applicant shall record a revised final plat fior the Sonnenalp Subdivision depicting the Talisman Condominium's access agreement, pedestrian easements, and signage easements associated with the Sonnenalp and Swiss Chalet project within 60 days of issuance of the building permit, K. ATTACHMENTS A. Vicinity Map 13. Let#er from the applicant dated August 11, 2003 C. Copy of the proposed plat d. Copies of the proposed easements E. Public notice • Ionnenalp Rerort of von ~~~~~~~f~~~ ~~~ ~l~~r~~- Slid'dr'vl~i~r~ ~4a~ast 11, 20~1~ Attaci~ment: B Y. Znt;rac3uctian and Summary of Request In June of 2003 die Sonnenalp Redevelopment was approved by the I'lannung and Environzncnra] Cammission. Tl~e project includes a ne~v hotel and retail additiozz to the Sonnenalp Hatel as well as the demalitic~n and xcdevelopment of the Swiss Haus buildizZg as a condominium, fractional fee club, and retail building. I`hc approved project also includes a bclaw grade parking azad loading facility. `I`he development site includes several separate parcels of land. that have little reflection of the ownership patterns of the project. In order to "cleanup" the parcefl descriptiozxs and to aIlo~v a consistent ow°nership pattern, the Sonnenalp is Iaraposing a new tulo-lot subdivision that will contain the Sonnenalp Resort and the Swiss Chalet on separate parcels. Tl~e proposed subdivision does not affect the Talisman's parcel other than providing easements on Sonnenalp land far the existing Talisman building encroachments. The Taliszrzan's access easement is also maiitained. Sonnenalp Hotel . (formerly the Bavaria Haus) So~utcualp - Minor Subdivision --august 2U03 PiP~Ltn ;~sSQC18CCSs InC. Svaiss Haus (zzaw the Swiss Chalet) XI. Detailed Description of Minor Subdivision The current Sonnenalp property consists of three separate parcels of land: • Parcel A (1.13 acres, generally the existing Swiss Haus propertyA. Portion of lot.), • Parcel B (1.553 acres, generally the existnZg Sonnenalp hotel); and • Parcel C (0,105 acres, generallyr the Sannc~ialp parking area). • Tot~~l project area = 2.78$ acres or 121.,445.2$ sq. ft. The property is proposed to be re-subdi~-idcd as twa parcels of land; one parcel cont~~ining the Sonnenalp I Intel and the other lot contauiuig the Swiss Chalet project. 'i"he subdivision will allotiv there to lie separate ownership of the two parcels however, the parcels will be tied together for the purposes of zatung similar to ti~.•hat is done for duplex subdivisions. The: following note has been placed on the plat: "1 !. For the,~~rrposes of ~onin~, Lots 1 assd 2 created G~ y~ this st~Gdz`rrision ~rre to Ge treated as erne enti~1. " The following is the detail on the proposed Sonnenalp parcels: • Lot 1 - 1.963 acres or 85,50$.2$ sel_ ft. (Sonnenalp Hotel parcel) • Lot 2 - 0.$26 acres or 35,9$0.56 sq. ft. (Swiss Chalet parcel) • Total project area - 2.7$9 acres or 121,4$$.$4 sq. ft. (change in land area due to corrected platting error) ~ i I ~ ;" l1 _ ~ a r~ \ Y r c~sz ,~, r~oow c~rvE ~ ... ..._ ,r' rr ~. s 4 i ~ tMy1~JAN V~RCCL ~ ~ T311~LTi3~1 •, .. t y ~ ~,~ :.~.. y......~.~.. j ~, ..,. ~ .a «r a. .,~. ~.___--_-_-__..._. c ~• Q .C. n ,~, ;=~ z ~_ ,. 3 LO t a .~~ ~...__,..,,,~, ,,,,, Lot 1 E j r ,._ I 't 4 k 4 15{ _ '~ ,I I ~,~ h~ ~~ ~ 'r "taw a --rv - .--~ - ` . +. x ~• 4 ha 6 1 ~•\~.n w...ue.vw A t~ ..,ate ~ `` ~•.~P '{J~'w. fit, ~; .4 ~~%U'S5'8?'*' fsuM'.. " WEYM aK.'~~~~ ~ Arw .a i ~ . ... . ~ .... 5oa~nenal~ - l1!Gnor Sulydivisi~r^ - August 2[703 2 Brausi Associates, Inc. III ~ l~ue to previous sun°eying errars that were disco~~c:red in tl~ne Vail Village First Filing subditiisian plat (errors of 3 feet or more), portians of the existing Sonnenalp structure and site ianprovc:ments encroach upon the Town's land to the south of the Sonnenalp prapert~~. `This is an existing condition not created b)' this plat or the recent redevcloprnent appxoval. 1~liese four minor encraacl~ments account for 5? sc~. ft. of Iand area.. '1'l~e proposed plat creates encroachment ease~lleiZts to alla~~T these encr~7~ci~~~i~a~~ tc~ concuiuc to e~st~ 1'rdditionally, the proposed plat also creates encroachment easedrjents for Talisman building encroachments on Sonnenalp property. These r:asemcnts will allow the "Talisman building to continue to exist in its current location. The Talisman encroachments are 525.62 sq, ft, in total area. fr: ~cesa Y ,.n~ rnav .w rumxx e~uveue fs -xa xn w~ .asr +u ~ ~aro+ w. g1>i6> g Mi ~ wreir u ew, h.g ~~ # r N"k .-rra~ t~ Pue; a to7 ~S N M <. YA ~ s~~4 • MO13 .y4' ¢ 4 ~ ,%~ ~- . - ,. ~,, 4,. d ~~ r ` for ~ ~. ~, ::>`'r.~ w~ry y~~wraw ~° . ~ ~.~ Y a rsa/ asps n,~ ,~ r~ ,. ~ / , f^~ -~ Talismans ,- ,. ^ Encroachments r '• ~ - tWLwN ~ "Cale hMARww -.i t4rtf MC'P]'J 7 ~f: ~ ~ w ~ f s~ »z twos ns, '1!a ~{ / ! ~ 4 ~ we ,tai eaenat..w ~ ,. ~.a i, / f'' - ss exi crux ~~'~ r -- Sonnenalp ,' Encroachments ~ti. „~~.'.,., _ v..~ . ,: .u, . f' +` ~ f,. '~ ? Soaate~zalp - ivluior Sub~ii~7sion - .lu~ust 2UU3 ~r;turt .lssociates, Irtc. 3 IIY. Review Factors and Criteria Below is an analysis of eritcria required for the 11~1inor Subdi~-ision Plat: The Subdi~7sion Regulations state that: The burden of proof shall rose with the applicant to show that the application is in compliazace with the intended purpose of Title 1.3, Chapter 4, the 7orung ordinance, and other pertinent regulations that the 1'EC dcetxas applicable. Due consideration shall be given to the recommendations b}> public agencies, ~rilit}~ companies and other agencies consulted under Section 13-3-3-3.C. The PEC shall revieva the application and consider its appropriateness in regard to Totem policies relating to subdi~c-ision control, densities proposed, regulations, ordi~yances and resolutions and other applicable documents, effects on the aesthetics of the Town, environmental integrity and compatibility with surrounding uses. (~rrr ~lnalvsis: The prrpored suladi~rision co~rrplies with Title 13 and Title 12 of the Town ends. The proposed user and densities are consistent with tlae .finning and land use designations,~rof~osed for the site. The p9r~~oral will not have adverse impacts on the developme~at patterns in the area. The proposed lot sues are consistent wither PA done district and compatible with the development patterns in the urea. Development within the proposed subdivi.rio~a will be subject to the Town'.r design guideliner and standards and thus will promote the aesthetics desired b~+ the Town. Defer to the subdivision plat in support of the subdivision application. Sor,r~ena~p - ,\ li~ioz Subdi~~isioai -August 20D3 ~iraun Associates, Inc. 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C s i ~ ~ x .:; i-~:,;(. .. ..i^~~ ; ~r ~'.~tli ,C'7. ~;~vid~>;- 'p`'y T'; +'. f=l'., Z;~: !'~ ~!'i a'r.-it+ar,';.` ~: tr Attachment: C NISI - ~ , ~. ~ I; ~ ? ~ ~ ~ ~, e ~ ~ I y~ ryl _ a ~~ - e e ~ K - ~- e ~ ~~ z a 1 e ~ ~ s.y~ ~Fi~~.?~~ Z 9'(h~ ~~;, ';~ ~ 1 ~ ~=~ro~w~~~ ~ 1 ~ '' r \ J 7 4 _ _ ~ ~' ~ ~.~ a~~n~ nom ~ , j c4 9t x Csa ~ f /~ ` ~I' ~ d ~ g~n 3 r ` 1 y ; °Y v-= S '~ ' S '~ 3 _ tr ~' J' ~°~ ~~`G, ~ ~ Sep 1, .\ ~~ `" ~` I ! ^~ +~ ~ s ~ N~ C~x ~ P,' 41 p3 ~ O ~ t LNl ]i i .z #` ~ ~ r r e ~ ~~fpe 3v t 4 ~ V d~ S 'x 6C i ;p! gj111i9~ ~.Gi \ ` ~. !fig ~ ~.~ ~~~ ~ ~I! 1'f ~ Ul W L g ~~~~ # 1f + t ~~p ;fit. i b ~4~~ ~ !h~" $~4` r ~ ~ ~ ~ t~~ ~~ - ~ W C" fS °x •~ II ~ E! 1 t ~ ~ . ~~";~@ ee 4~` ~ ~1~1 s, i ~~xa ~~ l 11 _ 4 ~E ~ _NOO~TW-~ - ~.~• ~Y~ %~ ~ ~ ~ i -yS- - SaQ']]`Ot![ - :i1d)T M+F n51 (WYS v Yi~G'+) i~S -. -0 YAIL 12Q~ a.....~o ~.E ~ sm-srau'c _ .ssax' t~a.o .~. - .~. ~ ~ ~ y~_. •'r~r. t-L 'tf ~~?;r-/~.~/~- ~ -~^+r~'1~3 --~,r:~,Crr;.~ '~, .r~ ,... '~,;.--I `° ! / + ~ Is ~'j • Grant of Easement (Ta~vn of VaiUSonnenalp Ttesort) This Grant of Easement, dated as of , 2QQ3, is executed by the Town of Vail (the Town) for the benefit of Sannenalp Properties, 1<nc,, a Colorado corporation (Sonnenalp), Backtraund and Purnase A. Sannenalp is the owner in fee simple of the real property in the Tawn of Vail, Eagle County, Colorado, which property is mare fully described on Exhibit A (the Sonnenalp Parcel), developed with a hotel and related improvements currently known (and referred to here) as the Sannenalp Resort. B. Due to a surveying error present in the original plat far the Vail Village First Filing that was not discovered until after the development of the Sonnenalp Resort (and not due to any action or inaction by Sonnenalp), portions of the Sonnenaip Resort {the Encroachments) encroach aver the boundary lines of the Sonnenalp Parcel onto the property owned by the Town {the Vail Property), which Encroachments are more fully described on Exhibit B-1 and depicted on Exhibit B-2. The Vail Property and the Sonnenalp Parcel are collectively referred to as the Property. C. The Town has agreed to grant to Sonnenalp an easement for the Encroachments. Grant of Easement For valuable consideration, the receipt and sufficiency of which are acknowledged, the Town grants this Easement under the following terms and conditions: 1. Sannenaln Easement. The Town grants to Sonnenalp a perpetual, non-exclusive easement {the Easement) for the Encroachments as they exist on the date of this Grant of Easement and for the area immediately adjacent to the Encroachments for their inspection, alteration, repair, maintenance, reconstruction, or other work (the Maintenance). Sonnenalp will leave the right to use as much of the Vail Property (but in all cases no mare than la feet) as may be reasonably necessary in connection ~,vith the Maintenance. Sannenalp has the right of access over and across the Vail Property for itself and its agents to the extent reasonably necessary, in order to exercise Sonnenalp's rights under this Grant of Easement. The exercise by Sonnenalp of its rights under this Grant of Easement will not {i) unreasonably interfere with the use and enjoyment by the Town of the Vail Property or unreasonably disrupt activities on the Vail Property, or {ii) materially, adversely affect the value of the Vail Property. 5onnenalp will conduct any work authorized under the terms of this Section 1 with al] due speed and precautions to avoid damages to the Vai! Property. 2. Notices. Any notice required or permitted to be given under this Grant of Easement will be in writing and will be deemed been given when delivered by U.S. mail registered or certified, return receipt requested, postage prepaid; by overnight delivery service showing receipt of delivery; by personal delivery; or by facsimile transmission. C] AttacFtment: D If to Soruienalp, r~atices will be sent to: SONNENALP PROPERTIES, INC. 20 Vail Road Vail, Colorado 51657 Attn: Johannes Faessler Fax No. 970.476.1639 ~~rith a copy to: Sohn Mills Sonnenalp Properties, Inc. Edwards, Colorado 81632 Fax No. 970.479.5410 If to the Town, notices wiEl be sent to: TOwN OF VAIL 75 South Frontage Road. Vail, Colorado $1657 Attn: Town Attorney ]Fax No. 970.479.2157 Notice will be effective upon actual receipt. 3. Binding Effect. The Easement runs with title to the Property, so that the benefits and burdens created by this Grant of Easement bind and beneft the Town and Sonnenalp and their respective. successors in interest and their permitted assigns. 4, Amendments. This Grant of Easement may be amended only by a written instrument executed by the Town and Sonnenalp (ar their respective successors or assigns). 5. Entire Agreement. This Grant of Easement constitutes the entire understanding of the parties regarding the matters above, and all prior agreements, representations, and understandings between the parties, whether oral or written, are deemed null and void, all of the foregoing having been merged into this Grant of Easement. 6. Enforceability. If for any reason, any provision of this Grant of Easement is held to be unenforceable, it will not affect the validity or enforceability of any other provision of this grant of Easement. 7. Construction and Ir<ternretatior~. The headings and sections of this Grant of Easement are not a part of this Grant of Easement and will have no effect upon the construction or interpretation of any part thereof. This Grant of Easement will not be construed for or against either party by reason of the authorship or alleged authorship of any provision or by reason of the status of the either party as a grantor or a grantee, as the case may be. $. Governing Law. This Grant of Easement will be governed. by and construed in accordance with the laws of the State of Colorado. TOWN OF VAIL By: • • Printed Name: Title; STATE QF C©1.ORA.DO ) 55 COUNTY OF EAGLE ) The foregoing was acknowledged before me this clay of 2003, by as of the TOWN OF VA1L. Witness my hand and official seal. My commission expires: [SEAL] Notary Public 3 1=~ITI3IT A Sansieria-p Ladd Parcel l : APART CF LOT L. BLOCK aE. VAIL VILLAGE FIRST FILING. ACCORDING TO THE RECORDED PLAT. COiINTY OF EAGLE. STATE dF COLORADO. MIORE PARTICULARLY DESCRIBED AS FOLLOWS: Cd~iMENCING AT THE MOST 50UTHWE5TERLY POINT QF SAID LdT L; TI-flENCE N 60 DECREES 35 MINLtTES 00 SECONDS E AND ALONG THE SOUTHERLY LINE OF SAID LOT L. A DISTANCE OF 195.34 FEET: THENCI; N 33 DEGREES 04 MINUTES 00 SECONDS E AND ALONG THE SOUTHERLY LINE dF SAID LOT L 165.00 FEET; THENCE N 55 DEGREES 08 MINUTES Z8 SECONDS W ~, DISTANCE OF 135.66 FEET: TI3E?VCE S 71 DEGREES 56 ~+IINUTES 00 SECONDS W A DISTANCE OF 89.51 FEET: THENCE N 00 DEGREES Z3 MINUTES 00 SECONDS W A DISTANCE OF 107.20 FEET Td A POIivT OF iNTERSEC'CiQi~d WITH THE NORTHERLY LINE OF SAID LdT L; THENCE S 75 DEGREES S3 \~IiNUTES 00 SECONDS 6Y ~IVD ALONG SAID NORTHERLY LINE 84.00 FEET Td A POINT OF CURVE: THENCE ALt~NG A CURVE. TO THE LEFT HAVING A RADIUS OF 20.00 FEET. A CE?~"rRAL A:~iGLE OF 76 DECREES 16 MINtr fI;S ti0 SEC[)NDS. rVti ARC Df5TANCE OF 2a,ii2 FEET Td~ POI`tiT dF TAs~IGENT: THENCE ..LONG SAID T.aNGENT A..'vD ALONG THE WESTERLY LL'~IE OF SAID LOT L S QO I3ECR.EES Z3 i~tINL~I'ES 00 SECONDS E A DIST:~NCE OF 208.89 FEET TO A POINT OF CURVE: THENCE ALONG SAID 4~i`ESTERLY LINE AND .ALONG .a Ci;RVE TO THE LEFT HAViI~IG A RADIUS OF 3#4.59 FEET, A CENTRAL :~.NGLE dF ZO DEGREES 51 1~~iITtiUTES 40 SECOiWDS, .4,~~i ARC DISTANCE OF 125.0 FEET: T'riENCE S?1 DEGREES 14 MINUTES i30 SECONDS E A DISTANCE OF ?1.77 FEET. Td THE Pi7INT OF $I;GINNfNG. Parcel ?: APART OF LOT L. BLOCK 5-E. VAIL VILLAGE FIRST FILIi~G, ACCORDING TO THE RECORDED PL:1T. CC3[};`iTY dF EAGLE. STATE dF COLdRADd. h10RE PARTICULARLY DESCRIBED AS FOLLfl'~'~'S; BEGINNING .~T THE MOST SOUrI°H~'ESTERLY CdRNER OF SAID LdT L. BLOCK 5-E. VAIL ~v~ILLAGE FIRST F1LI~6G; TI•IE~ ICE ALQi~1{; THE FOLLOi~'V`ING TWD COURSES ALOiti G THE SOUTHERLY 5c3UNDAR~' OF LOT L: {I} ~~ S0 DEGREES 35 h~II"~'fs'TES 04 SECd[~DS E A DISTANCE OF 196.34 FEET ; {fi) ,V 33 DECREES 04 w1INU"rES 40 SECONDS E A DISTANCE dF 165.D0 FEET: T1iENC£ N .i5 DEGREES 00 MINUTES 28 SECONDS ~~ A DISTANCE OF 135.66 FEET TO THE TRUE POINT DE BEGINNING; THENCE. S 71 DEGREES 56 MINUTES 04 SECONDS W A DISTANCE OF $9.51 FEET: THENCE N 00 DEGREES 23 iv1I!VUTE5 00 SECONDS W ,~. DISTANCE OF 107.20 FEET TO A POL^IT ON THE SOUTHERLY R1GII7-OF-WAY LINE dF EAST hIE.ADOW DRIVE; THENCE S X17 DEGREES 12 ~11NUTES 27 SECONDS E A DIST~,NCE OF 116.94 FEET TO THE TRi,'E POINT OF BEGINNING. Exhibit $-~ Leg:~l Descrintiobs of Encroachments, • • A PART" OF Lp1' L, El'LOCK 5-E, 4'AIL VILLAGE FIRST F[L[NG, TOWN OF VAIL, COUNTY pF EAGLE, STATE OF COLORADO RECORDED AT REC:'P"f[ON Nv. X16352 IN THIS EAGLE COUNTY CLERK AND RECORDER'S OFFICE Iti40RE FARTICULARLY DESCRigED AS FOLLOWS: COytMENC@NG A`[' TILE NORTHEAST CORNIER OF SECTION H, TOWNSH@P 5 SOUTH, R.~ANGE $fl WEST OF T}ii; 6lh P.tvt. A 3'1, " ALU@'aTINU@'v1 CAF FOUND IN I'L.~CE WHENCE THE NORTH 1J@6'" OF SEGTlC~N 7 AN© 3, A 3'1" r'~LCJhI@NL'Pvt CAF FOUND IN PLACE, TiEARS S G4°2~'UU'" 1~ A DISTANCE OF E 325.27 FEET BEING T}IE BASIS pF I3EARlNG FOR THIS DESCRIPT@ON. TI-[ENCE S 04°Oi'31 "' E A DISTANCI: pF 8?4.50 FEET TO TF[E CO'v[MON CORNER OF THE SOUT}IWEST CORNER OF SAID LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK 5-E, VAIL VILLAGE FlRS1' FILING; THENCE ALONG SAID NORTF[ERLY BOUNDARY OF TRACT I THE FALLOW ING TWO (2} COURSES: l) N b0°35'00" E A DISTANCE OF 196.34 FEET; 2) N 33°44'UO" E A p[STANCE OF 165.40 FEET 7"D A CC3~~Itv10N COR3tiETt t3F LOT L VAIL V@LLAC,E FIRST FILING AND "i'}IE SOUTHWESTERi.Y CORNER OF THE TALESi~4AN PARCEL AS RECORDED IN BOOK 214 AT PAGE 413 AND RECIiF7'ION No. 754725 IN THE EAGLE COUN`T'Y CLERK AND RECORDCR'S OFFICE, SAID POINT BE[NG T@-TE TRUE FO@NT C)F BFCj1,~fN@NG; 'THENCE ALONG THE SOLTH4V)wSTERLI' I~1NE OF SAID TALISMAN PARCEL @~[ 55°45'3" W A DISTANCE OF 9.Sfl FEET; T}IENCE DEFARTiNG SAID TALISMAN FARCE.L THE FOLLOWING THREE (3j COURSES: @} S 24°t31'04" E A DISTANCE OF 8.65 FEET; Z) N 65°53'Sb" E A D@STANCE OF 1.70 FEET; 3) S 24°0 @'04°' E A DISTANCE OF I.56 FEET TO A PO[NT ALONG THE NORTHEItL1' BOUNDARY OF SAID TIWCT l; THENCE N 33°04°Ofl°' E A DISTANCE. OF 3.83 FEET TO THE TRUE PO@NT OF BEGINNING, SAID PARC£I. CON"TIAINING ?4.19 S(~UARE FEET MORE OR LESS. • .~, PART OF LOT L, BLOCK 3-E, V.4IL VILLAGE FIRST FIL1dvG, TOWTI OF VAIL, COUNTY OF EAGLE, STA3'E OF COLORADO RECORDED A'C RECEPTION No. 96382 IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE MORE PARTICULARLY DESCRIBL-D AS FOLLOWS: C02~1MENCING AT THE NORTHEAST CORNER OF SECTION S, TOWNSHCP 5 50UTFi, RANGE SU LWEST OF THE 6t3~ P.h1. A3'/. '" ALUMINUM CAP FOUND ]Iv' PLACE ~VI-IE?vCi=THE NC7R'CI-I Ili6`s' QF SECTION 7 AND 8, A 3 9b" ALUMINUM CAP FOUND !N PLACE, BEARS S DO°23'00" E A DIS"I'AIv~CE OF 1326.27 FEET BEING'I'HE BASIS OF BEARING FbR'CHIS DESCRIPTI(}N. THENCE 5 O~IaOl'31" E A DISTAANCE OF 870.80 FEET TO THE COMMON CORNER OF THE SOU7'FIV1r>rST CORNER OF SAID LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK 5-E, VA1L VILLAGE FIRST FILING; THENCE ALONG SA1D NORTHERI:~' BOUNDARAY OF TR4L'T 1 THE FOLLOWING TV4'O (2) COURSES: I) N b0°35'00" E A DISTANCE bF 19634 FEET; 2) N 33°U4'00" E A DISTANCE OF 165.00 FEET TO ."~ COMMON CORNER C}F LOT L VAIL VILLAGE F1RST FILING AND THE SOUTHWESTERLY CORNER QF THE TALISYIAN PARCEL AS RECORDED 1N BOOK 2.19 AT PAGE 418 AND RECEPTION No. 754726 IN TH£ EAGLE COUNTY CLERK AND RECORDCR'S OFFICE; TIiENCE ALONG THE SOUT'I-IV~'ESTERLY LINE OF SAID TALISMAN PARCEL N 55°08'28" V+' A DISTANCE OF 13.00 FEET TO TI3E TR1JE POIN"t' OF BEGINNING; THENCE CONTINUINING ALONG THE SOUTHWESTERLY LINE OF TI'!I: TALISI~vIAN PARCEL N 55°08'28" 1W A DISTANCE OF l2.93 FEET; THENCE DEPARTING SAID SOUTHWESTERLY LINE S ZA°05'09" E A DISTANCE OF I l.Z9 FEI;l'; THENCIe N 64°07'Ol" E A DISTANCE OF b.b7 FEET TO THE TRUE P0lNT OF BEGINNING, SAID PARCEL CONTIAINING 37.62 SQUARE FEET MORE OR LESS. .a PART OF LOTS L AND K, BLOCK 5-E, VAIL VILLAGE FIRST FILING, TOWN OF VAIL, COUNTY OF EAGLE, S3'.a'CE OF COLORADO RECORDED AT RECEPTION No. 9638? 1N THE EAGLE COUNTY CLERK AMD RECORDER'S OFFICE ]4tORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMINENCENG AT TI{E NORTHEAST CORJVER OF SECTION 8, TOV4'NS1~iIP 5 SOUTH, RANGE 80 WEST QF THE 6th I'.M. A 3 % " ALUM[NUIvt CAP FOL!NU 1N PLACE'vVHENCE THE NORTH 1116"' C?F SECTION 7 AND 8, A 3 %" ALUM9NUM CAP FOUND IN PLACE, SEARS S 00°23°t)0" F. A DISTANCE OF 132b.27 FEET BEING THE BASIS OF BEARING FOR THIS DESCR]PTION. THENCE 5 04°01'31" E A DISTANCE OF 870.8(} FELT TO THE COItith10N CORNER OF THC SOUTI[WEST CORNER OF LOT L, AND THE NORTHtiVEST CORNER OF TRACT I, BLfJCK S-E, VAIL V[I.L.aGE FIRST FILING; THENCE ALC]NG SAID NORTI-IERLY BOUNDARAY OF TRACT I THE FOLL0~4'1NG TWO (2) COURSES: 1} 2V b0°35'00" 5 A D15TANCE OF 19b.34 FEET; 2} N 33°04'00" E A DISTANCE OF 165.00 FEET Tp A COMMON CORNER OF LO'I" L VAIL VILLAGE FIRST FILING AND THE SOUTHWESTERLY COR.'~tER OF THE TALISMAN PARCEL AS RECORDED IN BOOK ? 1'3 AT PAGE 4113 AND RECEPTION No. 754726 tN 7HE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALO;JG THE BOUNDARY OF SAID TALiSAN PARCEL THE FOLLOWING FOUR {4} COLRSES: 1) N 55°08'28" W A DISTANCE OF 120.00 FEET; 2} N 34°5 i' T2" E A DISTANCE OF 97.46 FEET; 3} S 82°35'00" E A DISTANCE OF 142.0] FEET; 4) S 23°54'38" E A DISTANCE OF 25.19 FEET TO THE TRLtE POINT OF BEGINNING, THENCE DEPARTING SAID TALISMAN PARCISL TH1= FOLLOWING FOUR (4} COURSES: 3} N 66°04'44" E A DISTAItiC'E OF 3.64 FEET, 2} S 22°54'29" E :A DISTANCE OF 68,57 FEET; 3} S b5°58'56'° W A DIST.NCE OF 36,55 FEET; 4} N 64° 52' 00" W A DISTANCE OF 7,15 FEET Td A COMMON CORNER OF THE 50UT1-IEASTERi,Y CORNER OF SAID TALIS1ti4AN PARCEL AND THE SOUTHWESTERLY Ct)RNER OF SAID LOT K, BLOCK a-E, VAIL VILLAGE FIRST FILING; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TALISiv1At*3 PARCEL THE FOLLOWING TWQ {2} COURSES: 1} N 6?°30'22" E A DIS'T'ANCE OF 38.67 FEET; 2) N 23°54'38" W A DISTANCE OF 60,81 FEET TO TFIE TRUE POINT OF DEGINNING, SAID PARCEL CONTAINING 4b3.80 SQUARE FEET MARE 1712 LESS. ~ 1 ~~ Exhibit B-~ Ilenietinns of Encraacbments • W J Q ~- W 3 U ~~ 1 'a if ~~= ~.~ T~ v N o N \ .~ ~ fls ~'E R _~~ • c - \ l\ r 1 ~~ ~~ ~ fl \ 1 `~ o C O V 7 ~ ° Q 1 1 ~ ! ~ a st. n ~ , ~ z l ~ y y3 W ~ ~ ~ r ~o ~~ ~I y , ~ G1. 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L1. ~f7 Ck d ~ ~ .-. w Q 'J Z 'O `~ ~ p ~ Z cv ~ ~aw 1` ~rn ~`~'/f av,~o'~ W 1 y - ~U a _ fa_ _ ~ -208.69 L' ~' -.~"-" - _ _5~70w23'C10"E. - 1326.27'_(MEAS;~ ~BA~IS (J~ ~~AR1NC~._.~._ ~j VAyL ROAD J W LJ Vl f.'! .. ~. ~I "1 YV r '~ I i~~'GV '_l.'4'u/ bd./9V ~~~~~_ ~i~v.~^~~..u,.. ,. ..~-"i:.1y„_ \L"N \.. :. .; \L'fJ'~~ -V'JG \'d xa ° ~~ ~ T-' ~~:, w ~ o ~ ~~ ~° ~, = o m Q v F- ~ w U 4 zl } ~ +~ ~,,, ~ U ~~ 4 ` \ ~ a ~`y \ y ~f ~ ~ [:" W W ~ `~ ~~ ~ 0 ~ ~ ~ r-a . ? 4 ~~ WILLti'ti'~ 6RIDGE ROAD ~ 0 ~ ~ ~~ ~ ~ ~ I ~ ~ C4 !~ g E- o ~ ~ ~ E ,a z' ~ o ~ ~ +j ~ - - ~. 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Zg ~~° g~M'~_ emu ~ O ~ v ~~ ~~ `'~°~:~ G ~ ~ ~ d'. ~ 6 ~,9 ! ~ CJ ~ J ~¢ W ~ ~,~ 's' f Zv`Ji tom.. 4 r^. ee ~ r _ - a z wz 1 ~ Sp4 u1~31"~E - g7G.g~ _ ~- ~ 1.'' c 1 - ~ - - - .. ~ v~ ._. u w - - ~' ~J_"_.-.-208.89' v, v~ ~ -A - - - - -500_23'OG"E = 1,.~2~,27'µ(MEAS,~„~BA`/ISr~F ~.~ARI~~JGS~ _ ~rt.- ~' -`- ~ - -- - SOD'23'Cl0"E -- 1323.30' (SLAT} - - - - VAIL R4A~ - - „_„ ~, c5 c ---~ ~-~. _.._..--.- ww v~ in . "Y~: Y9l r; .~ ~;., ~~.IJ .-VVLi ~~..~ t74' ~..., i_ ~. ~~~.-, y..., ~.. ~..)--'e_y: ~s,._ .~.; ••.r \., ;,0 \UUO -UU~J \'d Easement Agreement {Talisman CondominiumlSwiss Hotel Property) This Agreement, dated as of 2043, is executed by the Talisman Condominium Association, a Colorado nonprofit corporation (Talisman), anal Sonnenalp Properties, Inc., a Colorado corporation (Sounenalp). I3ack~round and Purpose A. S onrrenalp i s t lie o caner i n f ee s imple o f t he r cal p roperty i n t he T own o f V ail,Eagle County, Colorado {sometirrres called the To-vn), more fully described on the attached Exl}ibit A (tl~e Swiss Parcel), developed with a hotel and related improvements currently known (and referred to here) as the Swiss Hotel. B. TaIisrnan is the owners' association created to administer the Talisman Condominium project in the Town of Vail, Eagle County, Colorado, located west of the Swiss Parcel on the property more fully described on the attached Exhibit B (the Talisman Parcel}. The Talisman Condominitun project {the Talisman Project) consists of 1G condominium units in a single building {the Talisman Building), more fully described with reference to the D eclaration f or T alisman C ondominium r ecorded i n B ook 219 a t P age 417, E ogle County, Colorado {as amended from time to tune, the Talisman Heclaration), and the map for Talisman Condominium recorded in Book 219 at Page 418, Eagle County, Colorado. {Each of the Swiss Parcel and the Talisman Parcel sometimes maybe generally referred to, together, as the Property.) C. Portions of the Talisman Building encroach over the boundary lines of the Talisman Parcel onto the Swiss Parcel, in areas more fully described in this Agreement below, Among t he i mprovements s Irving t he T alisman Building t hat e ncroach i nto t he S wins. Parcel are the northeasterly wall of the Talisman Building (the Talisman Wall). Pursuant to the Deed dated ~`uly 11, 1973, from Rumford-Nottingham ~ Associates, d/bla the Talisman Lodge, a limited partnership, as grantor, to Talisman, as grantee, recorded in Book Z30 at Page 1 11, Eagle County, Colorado, Talisman was granted an easement for the purposes of repairing, maintaining, cleaning and replacing furnace flues located in the Talisman Wall (the 1973 Easement). Sonnenalp is the successor in interest to the grantor under the 1973 Easement. D. The Talisman Wall fonr~s one side of a common comdor that connects to the southwesterly u7a11 of tl~e Swiss 1;Iotei {the Commom Corridor) and encloses an entry/exit East Fire Exit Stair leading from the basement of the Talisman Building {tl~e East Fire Exit Stair). Sonnenalp intends to demolish the Swiss Hotel and the Common Corridor and construct a new facility refen-eci to in this Agreement as the Swiss Chalet. E. Sonnenalp's current plans call far the Swiss Chalet to be built so that its southeasterly wall will be located approximately 13 feet tv the northeast of the Talisman Wall. F. Talisman, acting for the owners of the Talisman Units {the Talisman OvfFners) with authorization granted. by the Talisman L7eclaration and resolutions adopted by the Talisman t~wners, intends to jour with Sonnenalp in documenting their understanding regarding the 1973 Easement, the Talisman Wall, the demolition of the Common Corridor and other matters relating to the redevelopment of the Swiss Parcel, as set forth in this Agreement. Agreement In consideration of the foregoing recitals and the mutual covenants and undertakings set forth below, Talisman and Sonnenalp agree as follows. Y. Permanent Easement far Talisman Building Encroachment. 1.l Grant by Soiu~enaln. By executing tlkis Agxee~nent, Sonnenalp is granting Talisman a permanent, exclusive easement for the encroachment of the Talisman Building onto that portion of the Swiss Parcel described an the attached Exhibit C-l and depicted on the attacled Exhibit C-2. 1.2 Termination of 1973 Easement. The 1973 Easement is terminated and vacated from title to the Property. 2. Temporary Easement far Sonnenalt7 Work on the Talisman Nall. Talisman acknowledges that, if Sonnenalp proceeds with to redevelop the Swiss Parcel with plans requiring the demolition of the existing Swiss Hotel and Common Corridor, then the Talisman Wall and the East Fire Exit Stair will be exposed during and after the construction of the Swiss Chalet. In accordance with the terms and conditions of a separate contract between Sonnenalp and Talisman (the Development Agreement}, Sonnenalp has agreed, following demolition of the S wiss H otel a nd C on~znon C orridor, f o r efinish t he T alisman W all a nd t he E ast F ire E xit Stair. Accordingly, Sonnenalp grad Talisman make the following covenants: 2.1 Notice of Work on Swiss Parcel Affecting Talisman WaII and East Fire Exit Stair. Sonnenalp will provide Talisman with at least 30 days' prior written notice before commencing any work involving demolition of the Swiss Hotel Wall and Common Corridor. 2.2 Stnictural Integrity of Talisman Wall. In the demolition of the Swiss Hotel and the Common Corridor, Sonnenalp, at Soiinenalp's sole cost and expense, will protect the structural integrity of the Talisman Wall as it exists on the date of this Agreement. 2.3 Talisman's Grano of Temnorarv Construction Easement. (i) Grant. Talisman giants to Sonnenalp, for the period described in this Section below, a temporary non-exclusive easement over and across the area described on the attached Exhibit D (the '~~'all Easement Area). Soiuienalp will be entitled to use the easement granted under this paragraph (the Tetxtporary Wall Easement) for reasonable access to the Talisman Wall by Sonnenalp's contractors and consultants and their respective employees and agents, so that Sonnenalp may carry ottt its obligations under the Development Agreement relating to thy; Talisman WaII and East Fire Exit Stair. 7 (ii) Period of Tem~~ararv Wall Easement. The Ternpaxary Wall Easement will take effect tl~e date when (i} Sorulenalp attains the .first of any required permits for the demolition of the Swiss Hotel and the Common Coi~ridar and the eonstn~ction of the Swiss Chalet and (ii} Sannenalp naves materials and equiprnent an the Svariss Parcel site in preparation far the work. The Temporary Nall Easement will ternzinate on flee date when the Town issues a temporary certificate of occupancy far the Swiss Chalet. No additional writing will be required to confirm the termination of the Temporary Wall Easement, but any time after the termination, upon the request of Talisman, Sonnenalp will execute a document suitable for recording and sufficient to vacate the Temporary Wall Easement from the pudic record. 3. Sonnenaln's Grant of ]Permanent Maintenance Easement. Sonnenalp also grants Talisman anon-exclusive easement aver and across the WaII Easement Area for the maintenance and repair of the Talisman Wall and East Fire Exit Stair after the completion of Sonnenalp's work under the Temporary Wall Easement. The easement Granted under this Section (the Maintenance Easement) will tape effect immediately upon the expiration of the Temporary Wall Easement and will continue on a permanent basis. The exercise by Talisman of its rights under the Maintenance Easement will mat (i) unreasonably interfere with the use and enjoyment by Sonnenalp of the Swiss Parcel or unreasonably disrupt the activities on the Swiss Parcel (including without limitation the Caurtyard/Access described in Section 4 below), ar (ii) materially, adversely affect the value of the Swiss Parcel. Talisman will conduct any work authorized under the terms of this Section with all due speed and precautions to avoid damage to the improvements an the Swiss Parcel or harm to the owners and occupants of the Swiss Parcel ar their property. 4. Courtvard Access Easement. 4.1 Grant of Courtvard Access Easement. Sonnenalp's plans far the construction of the Swiss Chalet contemplate the construction of a courtyard generally covering the Wall Easement Area (the Courtyar[f}, plus additional walkway areas providing access into the Courtyard at bath the north side and the south side of the Courtyard. The area encompassing the Courtyard and related walkways are depicted on the attached Exhibit E-1 and legally described an the attached Exhibit E-2 (all together, tl~ze CourtyardfAccess). Effective upon completion of the improvements eampxising the Courtyard/Access and the issuance of a temporary certificate of occupancy far the Swiss Chalet, Sannenalp hereby grants and conveys to Talisman, far use ty the Talisman Owners and their guests and invitees, anon-exclusive easement on, aver, across and through the CaurtyardlAccess far pedestrian access {the ConrtyardlAccess Easement), subject to the fallowing terms and conditions: (i) Sonnenalra's Central of Courtvard Improvements. Tlie right of Talisman to use the Caurtyard/Access will be subject to the right of Sannenalg to change the size of the Courtyard/Access, to change the design of the Courtyard/Access improvements, reconf~gzire the boundaries of the Courtyard/Access, and to install, maintain, relocate, redesign, and remove entirely utility lines and related improvements, including without limitation gates, planters, landscaping, wall ways anal other similar improvements, in the sale discretion of Sannenalp exercised from dine to tin7e; provided, however, that (A) Soiu~enalp will use reasonable efforts to -, minimize the periods during which Talisman's use of the CourtyardlAccess is Iirnited because of Sonnenalp's work, and (B) in any event, Sonnenalp will adhere to applicable fre and safety codes and other applicable laws in any work affecting the East Fire Exit Stair. {ai) Restrictions on CJse. Sonnenalp may adopt and amend from time to time reasonable restrictions and Hiles govemizag the use of the Cozu•tyard for the purposes including, for example, the abatement of noise and nuisances associated wt11 the Courtyard. Sonnenalp will give Talisman written notice of any such regulations ar-d rules, and will use goad faith efforts to enforce them uniformly. In any event, Sonnenalp will not in7pose any re4ulation or rule in violation of applicable fire and safety codes and other applicable laws pertaining to the East Fire Exit Stair. (iii) Obliffations for Ivlaintenance. A. By Sonnenalp. Sonnenalp, at its expense, will maintain in good and safe eandition the CourtyardlAccess area and any improvements located in it from tune to bane, other than the East Fire Exit Stair and any other improvements within the Wall Easement Area reserved for the exclusive use of Talisman, the Talisman Owners and their guests and invitees.. 13. Bv_ Talisman. Talisman, at its sole cost and expense or at the expense of the Talisman Owners, will be responsible for the maintenance of the East Fire Exit Stair and any other improvements within the V4'all Easement Area reserved for the exclusive use of Talisman; the Talisman Owners and their guests and invitees, including without limitation the cost of insurance, and the costs ofrefizrbishing or replacing the East Fire Exit Stair (and any such other improvements described above) as required by applicable la~v or otherwise. {iv} Termination of CourtvardlAccess. After the initial construction of the Swiss Chalet, Sonnenalp is entitled to eliminate the Courtyard/Aecess improvements at any tame as necessary or desirable, in Sonrzenalp's discretion, to accommodate any future remodeling or reconstruction of the Swiss Chalet ar other improvements existing from time to time on the Swiss Parcel, or any other legal use of the Swiss Parcel. In that event, at the election of Sonnenalp, documented by Sonnenalp's recording of any amendment to the Exhibits E-1 and E-2 executed by Sonnenalp {without any requirement for any joinder by Talisman), the Caurtyard/Access Easement will be reduced in size and scope to eliminate all walkways and Courtyard areas except those required for use of the East Fire Exit Stair in compliance with applicable fire and safety codes and other applicable laws. ~. Transfer Assessments. Talisman and Sonnenalp anticipate that the grants of the License and Easezxzents will be exempt from any real estate transfer assessments payable to the Town of Vail wader the Town Code. In the event that any of the grants do not qualify for any such exemption, Talisman will pay any transfer assessment imposed by the Town. 6. Insurance. 5.1 Property Insurance, 4 'I ~ (i) Talisman's Pronertv Insurance, Talisman or the Talisman Owners, or both, will carry property insurance on the Talisman Project, including the Talisman Wall, the East Fire Exit Stair and any other improvements within the Wall Easement Area reserved for the exclusive use of Talisman, the Talisman Owners and their guests and invitees, in an amount equal to the full replacement cost of the improvements, {ii) Sorutenalra's Pror~ertv Insurance. Sonnenalp will carry property insurance in the amount of the full replacement cast for the improvements within the Courtyard Access area, exch~dina (i) the East Fire Exit Stair and (ii} any other improvement in the Wall Easement Area reserved for the exclusive use of Talisman, the Talisman Owners and their guests and invitees. 6,2 Mutual Waiver for Property Losses. Talisman, the Talisman Owners and Sonnenalp intend for their insurers to be solely responsible for their respective property losses. Accordingly, Talisman, far itself and for each of the Talisman Owners, and Sannenalp each waives and releases all claims against the other, their respective tenants, off cers, directors, shareholders, members, partners, employees, contractors and agents,. with respect to any loss or damage to property arising from any cause, including without limitation theft, act of God, order of a court or governmental authority, fire, explosion, steam, water, leak or flotiv of water, rain or snow into the Property or from the Property, ar from the street, subsurface or any other place, or by dampness or from the breaking, leaking, obstruction or other condition in pipes, HVAC, mechanical, electrical or plumbing systems in any building on the Property, whether caused by the acts or omissions of either Sonnenalp or Talisman or any Talisman Owner or any contractor, consultant, occupant or visitor on the Property. 6.3 Waiver of Subrogation. All property insurance policies carried by Talisman, the Talisman Owners, Sonnenalg or Talisman's or Sonnenalp's contractors with respect to the Property and the personal property owned by any of them and located an the Property will waive any right of the insurer of one party to subrogation against such other parties to the extent permitted by law. If any property insurance policy cannot be obtained with a waiver of subrogation, or is obtainable only by the payment of an additional premium charge above that charged by insurance companies issuing policies without r~vaiver of subrogation, the party undertaking to obtain the insurance will notify the other party of this fact.. The other party will have a period of i O days after receiving the notice either to place the insurance with a company that is reasonably satisfactory to the other party and that will carry the insurance with a waiver of subrogation, or to agree to pay the additional premium if such a policy is obtainable at additional cost. If the insurance cannot be obtained or the party in whose favor a waiver of subrogation is desired refuses to pay the additional premium charged, then Sonnenalp, Talisman and the Talisman Owners will be relieved of the obligation to obtain a waiver of subrogation rights with respect to tl~e particular insurance involved. 6.4 Liability Insurance. Talisman will maintain, at the Talisman Owners, commercial general liability insurance covering damage to property of others occurring within the Courtyard/Access will obtain such insurance with a limit per occurrence of S 1,000,00 cost of Talisman or the bodily injury, death acid area. Initially, Talisman 0 and a general. aggregate limit of and ~2,(7€7(},O~~D. From time to tune, but no more frequently than once every thz°ee yoars, Talisman will increase the limits of coverage to canforzxz to the practice prevailizxg in coznxnercial real estate t ransactions i evolving c omparable p roperties a nd i nterests. Talisman's p olicy w ill Warne Sonnenalp as an additional insured, as confirmed by delivery to Sonrzez~alp of an original i copy of an endorsement to Talisman's policy providing that coverage in form satisfactory to Sannenalp, together with a certificate of insurance on ACORJ~ Form 27 (or an egtuvalent form available from tune to tone) or another form acceptable to Sonnenalp. 7. Indemnafieatinn. 7.1 By Talisman. Subject to the provisions of Section 6.3 above, Talisman, at the expense of Talisman or the Talisrrtan owners, will indemnify, defend and save Sonnenalp and its shareholders, officers, directors, members, partners, agents, contractors, representatives and employees harmless. froze and against any cdaizns, causes of action, demands, suits, judgments, lasses, damages, settlement payments, awards, liabilities, casts and expenses (including, tivithout limitation, reasonable legal,. expert. and consulting fees, and expenses incurred in investigating, defending or prosecuting any proceeding) (all such risks,. and any similar liabilities being called, together, Claims) arising or alleged to arise from bodily injury, personal injury ar property damage resulting froze the use of the Courtyard Access (including the Wall Easement Area) by any Talisman Owner, Talisman, or its merrrbers, representatives, employees, contractors, agents, guests, licensees or invitees. 7.2 By Sonnenaln. Subject to the provisions of Section G.3 above, Sonnenalp, at its expense, will indemnify, defend and save the Talisman Clwners, Talisman, and its officers, directors, members, partners, agents, contractors, representatives and employees from and against any C lairns a rising o r a lleged t o arise from b odily i njury, p ersonal i njury or p ropez-ty damage resulting from the use of the Courtyard Access (including the Wall Easement Area) by Sonnenalp or its representatives, employees, contractors, agents, guests, licensees or invitees. 7.3 Enforcement. The indemnities in this Article 7 will be enforced to the fullest exte~at permitted by applicable law for the benefit of the indemnitee, even if the applicable Claim is caused by the negligence of such indemnitee, and regardless of whether liability without fault or strict liability is imposed upon or alleged against such indemnitee, but will not be enforced to the extent that a court of competent jurisdiction holds in a final judgz>aent that the Claim in question was caused by the willful misconduct nr gross negligence of such indemnitee. $. Costs. In addition to expenses for specific items charged to the parties under other provisions in this Agreement, the parties agree to pay the costs allocated to tlZem below. 8.1 SanE,enalp Oblivations and Costs. Sonnenalp will perfozarz and pay for the costs of the demolition of the Cornrnon Corridor and the canstzlzctiazl of the izl~provements comprising the Courtyard/Access. Those costs include the fallowing: (i) Any fees required by the Town, Eagle County or other goveznmental entities relating to the approval of the plans and perznittizig of such work; {ii) The fees of any surveyor, architect or other consultant engaged by Sonnenalp in connection with such demolition and reconstruction work; {iii) The costs of the demolition and construction work, subject to the reservations regarding asbestos and other hazardous materials set forth in Section S.~ below; {iv) The fees of the architect engaged by Sonnenalp to design the CourtyardfAccess; and {v) The cost of recording this Agreement. 8.2 Talisman C asts. T alisman w ill p ay for t he fallowing c osts, i f a ny, i ncurred i n connection with tlae demolition of the Common Corridor and protection of tine exterior of the Talisman Wall and th.e East Fire Exit Stair: {i) Any casts attributable to the investigation, detection, abatement, removal or disposal of asbestos or any other materials in any part of the Talisman Project which are classified as hazardous wastes or hazardous substances under any federal, state or local law; {ii) All costs charged by any architect ar other consultant engaged by Talisman in connection with the demolition of the Common Corridor and the enclosure, protection, sealing and finishing work on the Talisman Wall and East Fire Exit Stair; {iii) Any charges ar fees imposed by any party holding a security interest or other lien against all or any part of the Talisman Parcel as a condition to such party's approval of the. demolition of the Common Corridor; and {iv) Any c osts r elating t a t he p fanning, d esign, p ermitting, o r r ernodeling o f any p art o f t he T alisman B wilding w hick a re n of i ncluded i n t he c osts p ayable b y S onnenalp under the Development Agreement ar this Agreement, and which maybe required by the Town or Eagle County ar any other governmental or quasi-governmental agency having jurisdiction over the Talisman Parcel, or which maybe desired by Talisman or the Talisman Corners. 9. Construction Covenants. 9.1 Constructing Parv. For the purposes of this Agreement, either Talismaiz or Sot-trienalp is deemed a C©nstructing Party when it undertakes any work contemplated under this Agreement. ~.2 Standards of Work. All installations, constntctian and maintenance undertaken by either Talisman or Sonnenalp pursuant to this Agreement must be conducted in a good and workmanlike m anner, i n a ccordance w ith s ound e ngineering p radices, i n c omplianee w ith a 11 laws and requirements of the appropriate governrnezital entities, and in compliance with all restrictive covenants enctunbering the Property. 9.3 No Liens. Each party agrees not to permit any mechanic's or materialman's lien to be filed with respect to the Property or any interest in it on account of supplies, machinery, tools, equipment, labor or materials fitrnishcd or used in connection with the planning, design, 7 inspection, construction, alteration, repair, surveying or odler iwork conducted by or at the i direction of such Constructing Party, and in the event any stick lien is filed, the Constructing Party must discharge or bond over the Tien within 10 days after receipt of notice of the lien, and if the constructing party fails to do so, the other party may do so and collect from the constntetina party all costs {including without limitation. reasonable attorneys' fees) incurred in removing the lien from the portion of the Property encumbered, including interest at the annual rate of 5% over the prime rate of interest published by the l~~all Street 3ournal on the date the expense was incurred, such interest to accrue from the date the expense was incurred until the date it is reimbursed in foil by the constricting party. The Constructing Party will have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien, on the conditions that (i) the Constricting Party gives the other party such security as may be reasonably requested by the other party to insure tlZe payment of any amounts claimed, including interest and costs, and to prevent any sale, foreclosure or forfeiture of any interest of the other party in the Property on account of any such lien, and {ii) on final determination of the lien or claim for lien, the Constructing Party will immediately pay any judgment rendered, with interest and costs, and will cause the lien to be released and any judgment satisfied. 9.4 Noise, Dust. Sonnenalp acid Talisman, for itself and each Talisman Owner, each acknowledges that throughout the course of the construction contemplated under this Agreement, tl~e o ccupants a nd v isitors a t t he P roperty will e ncounter conditions r egularly associated w ith constriction activities, including r~Tithout limitation construction dust, noise, heavy equipment traffic and detours affecting ~~•ehicles and pedestrians. Each Constructing Party will use commercially reasonable efforts to minimize any disruption arising from the demolition, construction and maintenance activities contemplated under this Agreement. 10. Financing. 14.1 Reauireznents of Proiect Lenders. Each party acknowledges that a Constructing Party may finance some or all of the costs of the work permitted under this Agreement. Accordingly, any lender extending that financing (a Project Lender) may require the Constructing Party to execute and deliver, for the benefit of the Project Lender, {i) a collateral assignment of this Agreement, and {ii) other documents reasonably required to secure the payment of the Loan for the benefit of the Project Lender. Each party agrees to cooperate in good faith with any request by a Constricting Party or Project Lender for the other party's consent to any such collateral assignment and to any amendments to this Agreement reasonably required by the Project Lender as a condition far such financing, provided that, as a result of the consents to such financing and amendixient documents, (A) the rights of the party accommodating the Constructing Party's request must not be materially diminished, {B) the obligatiozzs of that non- constructing party must not be materially increased, and (C) the covenants of the Constructing Party under this Agreement or any other agreement executed in connection with it will not be materially diminished. 10.? Specific Lender Protections. Without limiting the generality of the foregoing, should a Constricting Party pledge, assi~ ~ or otherwise transfer any of its rights, title and interests tuader this Agreement for the benefit of its Project Lender, then the parties expressly agree as follows. (i} Restriction on Amendments. They will not modify or cancel this Agreement without the prior written consent of the Project Lender, which consent will not be unreasonably withheld or delayed. (ii} Lender's Riaht to Ferforxn, Eaclx Project Lender will have the right to do any act or thing required to be performed by the Constructing Party, and any such act or thing performed by a Project Lender will be as effective to prevent a default under this Agreement or to prevent a forfeiture of arty of the Constructing Party's rights under this Agreement as if done by the Constructing Party itself. (iii) Lender's Right to Notice and Cure. No default which requires the giving of notice to the Constructing Party will be effective unless a like notice is given to the Project Lender and a period of at least 30 days to cure the default. Upon the sale or other transfer by a Project Lender of its interest in the Property established by the Constructing Party's collateral assigtunent or otherwise (whether the transfer occurs before or after a foreclosure by the Project Lender or transfer of the encumbered interest by deed in lieu of foreclosure), the Project Lender will have no further duties or obligations under this Agreement. 1. l., Assignment. 11.1 By Sonnenaln. In addition to the rights of assignment granted to Sonnenalp under Article 1 Q above, Sonnenalp has the right to assign any or all of its rights and obligations under this Agreement to (i) any entity in which 7ohannes P. Faessler holds a controlling ownership or management interest, or (iij any entity to whom all or any portion of the Swiss Parcel is transferred. Further, Sonnenalp or any assignee described in clauses (i} and (ii} above is entitled to assign its rights and obligations under this Agreement to an owners association charged with the administration of any common interest community established in connection with the Swiss Chalet. Otherwise, Sonnenalp may not assign its interest under this Agreement without the consent of Talisman, not to be unreasonably withheld or delayed. 11.2 By Talisman. Talisman is not entitled to assign all or any part of its interest under this Agreement except to a Project Lender extending a loan to Talisman as a Constructing Party, or to a successor association or other entity which expressly assumes by written agreement the responsibility for the administration of the Talisman Project. 12. Talisman's Role for tUe Talisman (~}vners, 12.1 Authorization. Talisman represents drat arty individual si~~ing this A~ eement on behalf of Talisman is authorized to do so under the documents governing Talisman's organization and operations, and that Talisman is authorized to act on behalf of the Talisman. Owners. 12.2 Resohations. Talisman will deliver to Sonnenalp, from time to time upon reasonable request, copies of resolutions, certified by the Secretary of Talisman; documenting the minutes of meetings of the Talisman Owners, the Board of Managers of Talisman (the Board}, and any committee formed by that Board, as necessary to confirm the authority of the Board and any other representative of Talisman to act on behalf of the Talisman Owners. q 12.3 Talisman's Representatives and Annrovals. Fred Haynes is designated by i Talisman as authorized representative of the Board of 1Vlanagers and the Talisman Owners, with !~ power and authority to speak for Talisman and the Talisman Owners. Talisman may change the desigx~.ation of its authorized representative by notice to Sonnenalp from time to time. Sonnenalp will be authorized to rely on the statements of any representative designated by Talisrr~an pursuant to this Section. ~3. General Provisions. 13.1 Approval, If e ither S ox~rrenalp o r T alisman d eclines o r fails f o r espond to any written request for comment or approval within seven business days after receipt of the request by the other party, then the submitting party will be entitled to assure that the requested party has no abjection. to the action proposed by the submitting party, and the subini.tting party will be entitled to rely on that assumption in going forward with the action as fully as if the approval had been expressly granted. 13.2 Further Assurances. Sonnenalp and Talisman each will execute (and in the case of Talisman, upon request by Sonnenalp, use reasonable efforts to cause the Talisman Owners and their respective mortgagees to execute) any additional documents required to carry out the purposes of this Agreement, as may be reasonably requested by either party. 13.3 Attorneys' Fees. (i) Each Party's Obligation.. Except as provided in Section I3.3{ii), each party will b e r esponsible f or t he f ees o f i is 1 egal c ounsel a nd o then c ansultants i n a 11 m afters contemplated under this Agreement_ (ii) Prevailing Party Entitled to Fees. 1 n the event of a legal proceeding or arbitration initiated to resolve a dispute under this Agreement or any other contract executed by Talisman or the Talisman Owners and Sonnenalp in connection with this Agreement, the judge or arbitrator in fhe proceeding may award the prevailing party its reasonable attorneys' fees, expert witness fees and costs, 13.4 Notices. Any notice required or permitted to be given under this Agreement will be in writing and will be deemed been given when delivered by U.S. mail registered or certified, return receipt requested, postage prepaid; by overnight delivery service showing receipt of delivery; by personal delivery; or by facsimile transmission, If to Soilxaenalp, notices will be sent to: SONNEN.AI,P PROPERTIES, INC. 20 Vail Road Vail, Colorado 81657 Attn: ,Tohaxuies P. Faessler Fax No. 970.476,1639 with a copy to: John Mills 10 Sonnenalp Properties, Inc. Edwards, Colorado $1632 Fax No. 976.479.5410 If to Talisman, notices will be sent to: TALISMAN CONDOi1~tIN1lJ1VI ASS'OCLATION ATTN: Fax No. with a copy to: L.a~vrence A. Esltwith, Esq. Bailey & Peterson P. ©. Bax 449 0429 Edwards Access Road Edwards CO 81632 Fax Na, {970) 926-9298 Notice will be effective upon actual receipt. 13.5 Binding Effect. The License and Easements run ufith title to the Property, so that the benefits and burdens created by this Agreement bind and benefit Talisman and Sonnenalp and their respective successors in interest and their permitted assigns. 13.6 Amendments. This Agreement may be amended only by a written instrument executed by Talisman and Sonnenalp (or their respective successors or assigns, as permitted under Article 111 and if applicable under Article 10, by any Project Lender. 13.7 Entire A4reernent. This Agreement constitutes the entire understanding of the parties regarding the matters above, and all prior agreements, representations, and understandings between the parties, whether oral or written, are deemed null and void, all of the foregoing having been merged into this Agreement. 13.8 Enforceability. If far any reason, any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of any other provision of this Agreement. 13.9 Construction and Interoretation. The headings and sections of this Agreement are not a part of this Agreement and will have no effect upon the construction or interpretation of any part thereaf: "This Agreement will nat be construed for or against either party by reason of the authorship or alleged authorship of any provision or by reason of the status of the either party as a grantor or a grantee, as the case maybe. 13.10 Cauntert~arts. This Agreement may be executed in counterparts. All executed counterparts will constitute ane agreement, and each counterpart will be deemed an ori,~inal. 11 13.11 l~io Partnership. 1Vathirag in this Agreement will be deemed or constnted by the parties or by any third person to create the relationship of principal aaxd agent, partnerslxip, joint vent~ire or any other association bettiveen Talisman and Sonnenalp, other than the relationships of grantor and gz-antee undertaken by each of the~xx in the various circumstances described in this Agreement. 13.12 Governing Law. This A~~reement will be gavcrned by and construed in accordance with the laws of the State of Colorado. 13.13 Savin¢s Clause. Any property interest created under this Agreement must vest, if at all, within 21 years after the life of the youngest clxild of Jolannes P. Faessler. SONNENALP PROPERTIES, INC. By: Johannes P. Faessler President 1`ALISMAN CONDOMINIUM ASSOCIATION By: Title: 12 STATE OF CDL©RADfl ) ) 55 COLTl~TTY OF EAGLE ) The foregoing was acltnowledged before me this day of 20Q3, by 7ohannes ~'. Faessler as President of SONNENALP PROPERTIES, INC., a Colorado corporation. Witness my hand anal official Seal. My cornrnission eKpireS: • [SEAL Notary Public 13 STATE OF COLORADO } } 5S COUNTY OF EAGLE } The foregoing was aclciiowied~ed before me this day of 20(}3, by as President of TALISMAN CONDOMINIUM ASSOCIATION, a Colorado nonprofit corpozation. Fitness zny hand and official seal. My commission expires: [SEAL] 14 Notary Public ~~ ~. ; i Exhibit C-1 Level Description cif area of Permitted T~li~mau Buildinv Encroachment • 17 Fxl~ibit C-2 Drawing Depicting Area of Pernnitted TaMismar~ Building Encroachme~at • 18 Exhilat D The Wall Easement Area • ~9 ~.x~ibit E--~ Cou~-tvardlAcc~ss Drati~~i~~ • • 20 Fxhil~it E-2 CourtrardlAccess Leal Description • • 2I Easeme~at 4greement (Talismao CandaminiumlSonnenalp Resort Property} This Agreement, dated as of , 2603, is executed by the Talisman Condominium Association, a Colorado nonprofit corporation (Talisman}, and Sonnenalp Properties, Inc., a Colorado corporation (Sonnenalp}. Background and Purr~ose A. Sonnenalp i s t he o caner i n fee s impl e o f t he r eaI p roperty i n t he T own o f V ail,Eagle County, Colorado (sometimes called the Town}, more fully described on Exhibit A (the Sonnenalp Parcel), developed with a hotel and related improvements currently known {and referred to here) as the Sonnenalp Resort. B, Talisman is the owners' association created to administer the Talisman Condominium project in the Town of Vail, Eagle County, Colorado, located east of the Sonnenalp Parcel on the property more fully described on the attached Exhibit B (the Talisman Pareel}. The Talisman Condominium project (the Talisman Project} consists of 16 condominium units in a single building (the Talisman Building}, more fiilly described with reference to the Declaration for Talisman Condominium recorded in Book 219 at Page 417, Eagle County, Colorado (as amended from time to time, the Talisman lQeclaration},and the m ap for T alisman C ondominium recorded i n B ook 2 19 at P age 418, Eagle County, Colorado. {The Sonnenalp Parcel and the Talisman Parcel sometimes maybe generally referred to, together, as the Property.} C. A portion of the Talisman Building encroaches over the boundary lines of the Talisman Parcel onto the Sonnenalp Parcel, in areas more fully described in this Agreement below. D. Talisman, acting for the owners of the Talisman Units (the Talisman Qwners} with authorization granted by the Talisman Declaration and resolutions adapted by the Talisman Owners, intends to join with Sonnenalp in documenting their understanding regarding the encroachment referenced above. Agreement Tn consideration of the foregoing recitals and the mutual covenants and undertakings set forth below, Talisman and Sonnenalp agree as follows. 1. Talisman Easements. 1.1 License for Existing Encroachments. By executing this Agreement, Sonnenalp is granting Talisman a permanent, exclusive easement for the encroachment of tlae Talisman Building onto that portion of the Sonnenalp Pareel described on the attached Exhibit C-I and depicted on the attached Exhibit C-2 {the Talisman Encraaclament). 1.2 Easement for Maintenance. Sonnenalp also grants Talisman anon-exchzsive easement over and across the area ~la~ feet wide anal izxzmediately adjacent to the Talisman Encroacl~znent for the maintenance and repair of the improvements within floe Talisman Encroaclunent. The easement granted under this Section 1.2 (the iVlaintenance Easement) will continue on a permanent basis. The exercise by Talisz~}an of its rights under the Maintenance Easement wi]I not (i) unreasonably interfere with the use and enjoyment by Sazanenalg of the Sozuienalp Parcel or unreasonably disrupt activities on the Sonnenalp Parcel, or (ii) materially, adversely affect the value of the Sonnenalp Parcel. Talisman will conduct any work authorized under the terms of this Section 1.2 with all due speed and precautions to avoid damage to the improvements on the Sonnenalp Parcel. or harm to the owners and occupants of the Sonnenalp Parcel or their property. 2. Transfer Assessments. Talisman and Sonnenalp anticipate that the grants documented by this Ab cement will be exempt from any real estate transfer assessments payable to tlz.e Town of Vail under the Town Code. In the event that any of the grants do not qualify for any such exemption, Talisman will pay any transfer assessment. imposed by the Tawn. 3. Insurance. 3.1 Property Insurance. (i) Talisman's Property Insurance. Talisman or the Talisman Owners, or both,. will carry property insurance an the Talisman Building.. (ii) Sonnenalu's Property lnsurance. Sonnenalp will carry property insurance for any property or irrzprovements owned by Sonnenalp and located within the area of the Maintenance Easement. (iii) Mutual Waiver for Pronertv .Losses. Talisman, the Talisman Owners and Sonnenalp intend for their insurers to be solely responsible for their respective property losses. Accordingly, Talisman, for itself and for each of the Talisman Owners, and Sonnenalp each waives and releases all claims against the other, their respective tenants, officers, directors, shareholders, members, partners, employees, contractors and agents, with respect to any loss or damage to property arising froze any cause, including without limitation theft, act of God,. order of a court or governmental authority, fire, explosion, steam, water, leak or flow of water, rain or snow into the Property or from the Property, ar from the street, subsurface or any other place, or by dampness ar from the breaking, leaking, obstruction or other condition in pipes, HVAC, mechanical, electrical or pluzrzbing systeans in any building on the Property, whether caused by the acts or omissions of either Sonnenalp or Talisman or any Talisman Owner or any contractor, consultant, occupant or visitor on the Property. 3.2 Waiver of Subrogation. All property i:nsz.zrance policies carried by Talisman, the Talisman Owners, Sonnenalp or Talisman's or Sonnenalp's contractors with respect to the Property and the personal property owned by any of them and located on the Property will waive any right of the insurer of one party to subrogation against such other parties to the extent perzuitted by law. if any property insuurance policy cannot be obtained with a waiver of subrogation; or is obtainable only by the payment of an additional premium charge above that claaxged by insurance companies issuing policies without waiver of subrogation, the party undertaking to obtain the insurance will notify the other party of this fact. The other party will have a period of 10 days after receiving the notice either to place the insurance with a company that is reasonably satisfactory to the other party and that will carry the insurance with a waiver of subrogation, or to agree to pay the additional premium if such a policy is obtainable at additional cost. if the ~ insurance cannot be obtained or the party in whose favor a waiver of subrogation is desired ~ refuses to pay the additional premium charged, than Sann.enalp, Talisman and the Talisman Owners will be relieved of tl~e abiigatian to attain a waiver of subragatiat~ rights with respect to tl~e particular insurance involved. 3.3 Liability Insurance. Talisman will maintain, at the cost of Talisman or the Talisman Owners, commercial general liability insurance covering bodily injury, death and damage to property of others occurring within the Maintenance Easement area. initially, Talisman w ill o btain s uch i nsurance w ith a l unit p er o ccurrence o f $1,000,000 and a general aggregate limit of and $2,000,000. From time to time, but no more frequently than once every three years, Talisman will increase the limits of coverage to conform to the practice prevailing in conunercial real estate transactions involving comparable properties and interests. Talisman's policy gill name Sonnenalp as an additional insured, as confirmed by delivery to Sannenalp of an original copy of an endorsement to Talisman's policy providing that coverage in form satisfactory to Sonnenalp, together with a certificate of insurance on A,CORD Form 27 {or an equivalent form available from time to time) or another form acceptable to Sonnenalp. 4. Indemnification. 4.1 By Talisman. Subject tv the provisions of Sections 3.1 and 3.2 above, Talisman, at the expense of Talisman or the Talisman ©wners, will indemnify, defend and save Sonnenalp and its shareholders, officers, directors, members, partners, agents, contractors, representatives and employees harmless from and against any claims, causes of action, demands, suits, judgments, losses, damages, settlement payments, awards, liabilities, casts and expenses {including, without limitation, reasonable legal, expert and consulting fees, and expenses incurred in investigating, defending or prosecuting any proceeding} (all such risks, and any similar liabilities being called, together, Claims) arising or alleged to arise from bodily injury, personal injury or property damage resulting from. the use of the Maintenance Easement area by any Talisman Owner, Talisman, or its members, representatives, emplo}fees, contractors, agents, guests, licensees or invitees. 42 By Sonnenalt~. Subject to the provisions of Sections 3.1 and 32 above, Sannenalp, at its expense, will indemnify, defend and save the Talisman Owners, Talisman, and its officers, directors, members, partners, agents, contractors, representatives and employees from and against any Claims arising ar alleged to arise from bodily injury, personal injury or property damage resulting from the use of the Maintenance Easement area by Sotuaenalp or its representatives, employees, contractors, agents, guests, licensees or invitees. 4,3 Enforcement. Tlae indemnities in dais Article 4 will be enforced to the fullest e:~tent permitted by applicable law for the benefit of the indemnitee, even if the applicable 3 Claim is caused lay the negligence of such indemnitee, and regardless of whether liability without fault or strict liability is imposed upon or alleged against such indemnitee, but will not be enfarced to the extent that a court of competent jurisdiction holds in a final judgment that the Claim is question was caused by the willful misconduct or gross neglibence of such indemnitee. 5. Talisrna~a's Covenants Against Liens. Talisman agrees not to permit any mechanic's or ~naterialman's lien to be filed with respect to the Sonnenalp Parcel or any interest in it an account of supplies, machinery, tools, equipment, labor or materials furnished or used in connection with the planning, design, inspection, construction, alteration, repair, surveying or other work conducted by or at the direction of Talisman, and in the event any such lien is filed, Talisman must discharge or bond over the lien within 10 days after receipt of notice of the lien, and if Talisman fails to do so, Sonnenalp may do so and collect from Talisman all costs (including without limitation reasonable attorneys' fees) incurred in removing the lien from the Sonnenalp Farcel, including interest at the annual rate of 5% over the prime rate of interest published by the WaII Street Journal on the date the expense was incurred, such interest to accrue from the date the expense was incurred until the date it is reimbursed in full by Talisman. Talisman will have the right to contest, in ,good faith and with reasonable diligence, the validity of any such lien or claimed lien, on the conditions that (i) Talisman gives the Sonnenalp such security as may be reasonably requested by Sonnenalp to insure the payment of any amounts claimed, including interest and costs, and to prevent any sale, foreclosure or forfeiture of any interest of Sonnenalp on account of any such lien, and (ii) on final determination of the lien or claim for lien, Talisman will immediately pay any judgment rendered, with interest and casts, and will cause the lien to be released and any judgment satisfied.. 6. Authority. 6.1 Talisman's Authority. Talisman represents that any individual signing this Agreement on behalf of Talisman is authorized to do so under the documents governing Talisman's organization and operations, and that Talisman is authorized to act on behalf of the Talisman lJw°ners. 6.2 Sonnenaln's Authority. Sonnenalp represents that nay individual suing this Agreement on behalf of Sonnenalp is authorized to do so under the documents governing Sonnenalp's organization and operations. 7. General Provisions. 7.1 Notices. Any native required or permitted to be given under this As Bement will be in writing and will be deemed been given when delivered by U.S. mail registered or certified, return receipt requested, postage prepaid; by overnight delivery service showing receipt of delivery; by personal delivery; or by facsimile transmission. • ~l If to Sonnenalp, notices will be sent to: SON?v-ENALP PRQPERTTES, INC. 20 Vail Road Vail, Colorado 81657 Attn: Johannes Faessler Fax No. 970.47b.1b39 with a copy to: John Mills Sonnenalp Properties, Inc. Edwards, Colorado 81632 Fax No. 970.479.5410 if to Talisman, notices will be sent to: T.~Llsnrr.~.~ CoNDO~mrttrxu AssocLartoN ATTl~T: Fax No. with a copy to: Lawrence A. Eskwith, Esq. Bailey & Peterson P. O. Box 449 0429 Edwards Access Road Edwards CO 81632 Fax No. (970) 926-9298 Notice will be effective upon actual receipt. 7.2 Binding Effect. The Agreement Wins with title to the Property,. so that the benefats and burdens created by this Agreement bind and benefit Talisman and Sonnenalp and their respective successors in interest and their permitted assigns. 7.3 Amendments This A greement maybe amended only b y a written instrument executed by Talisman and Sonnenalp (or their respective successors or assigns. 7.4 Entire A~reezx~ertt. This Agreement constitutes the entire tuzderstanding of the parties retarding the matters above, and all prior agreements, representations, and understandings between the parties, whether oral or written, are deemed null and void, all of the foregoing having been tzterged into this Agreement. 5 7.5 Enforceability. If for any reason, any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of any other provision of this Agreement. 7.6 Cozlstnsction and Interc~retation. The headings acid sections of This Agreement are not a part of this Agreement and will leave no effect upon the construction or interpretation of any part thereof. This Agreement will not be construed for or against either party by reason of the authorship or alleged authorship of any provision or by reason of the status of the either party as a grantor or a grantee, as the case n~zay be. 7.7 Countexnarts. This Agreement and the attached Consent of Lender may be executed in counterparts. All executed counterparts will constitute one agreement, and each counterpart will be deemed an original. 7.8 No Partnershit~. Nothing in this Agreement will be deemed or construed by the parties or by any third person to create the relationship of principal and agent, partnership, joint venture or any other association between Talisman and Sonnenalp, other than the relationships of grantor and grantee undertaken by each of them in the various circumstances described in this Agreement. 7.9 GpverninQ Law. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. SONNENALP PROPERTIES, II~TC. By: Johannes P. Faessler President TALISMAN CONDOMINIUM ASSO+~IATION By: Title: G STATE 4F C©LOR~DO ) ss '~I CQUNTY ~QF EAGLE } The foregoing was acknowledged before me this day of 20Q~, by Johannes P. Faessler as President of SOI~T~'ENALP PRQPERTIES, INC., a Colorado corporation. Witness my hand and official seal. My coY~xx~ission expires: [SEAL] Notary Public STATE Ol~ COLC}R~A]DO ~ ss COUNTY OF EAGLE The foregoing was acknowledged before me this day of 2043, by '~~ as President of TALISMAN GC7IvD©MINIUM ASSOCIATIC)N, a Colorado nonprofit corporation. ~I Witness my hand and off cial sea]. My commission expires [SEAL) Notary Public • Exhibit A The 5ot~nenalp Parcel I~.Y!ibit A Sonnena{p Land Parcel 1: A FART OF LOT L, BLOCK 5E, VAIL VILLAGE FIRST FILING, ACCORDING TO THE RECORDED PLAT, COUNTY OF EAGLE, STATE OF COLdRADO. h~IORE PARTICULARLY DESCRIBED AS FOLLObVS: CQh1;viENCL'VG AT THE MOST SOUTHWESTERLY PO[NT OF SAID LOT L; THENCE N 60 DEGREES 35 MINUTES 00 SECONDS E AND ALONG THE SOUTHERLY LINE. OF SAID LOT L A DISTANCE OFr 19G.34 FEET; THENCE N 33 DEGREES 04 IviINLfTES 00 SECONDS E AND r~LONG THE SOUTHERLY LINE QF SAID LOT L I65.00 FEET; THENCE N SS DEGREES 08 i41INUTES 28 SECONDS W A DISTANC$ OF 135.66 FEET; THENCE S 7i DEGREES 56 ,`v1INUTES 00 SECONDS W .~ D[STANCE OF 89.51 FEET; THENCE N 00 DEGREES 23 iv[INUTES 00 SECONDS W r1. DIST.~~iCE 4F I07.Z0 FEET TO A POINT OF [;vTERSECTIO~ I tiY°iTH THE ~C}RTHERLY LINE OF SAID LOT L; THENCE S 75 DEGREES 53 i4iINLITES [14 SECONDS G4' ,~~1D ALONG SAID NORTHERLY LINE 51.00 FEET TO .4 POINT OF CURVE; THENCE ALONG A CURVE T(3 THE LEFT HAVING A RADIUS OF 20.00 rEET, A CENTRAL ANGLE OF 76 DEGREES Iti h1IN[.TES 00 SECt~NIJS, .~;ti r1RC DISTANCE OF 2G.GZ FEET T~ A POI;tIT dF TA:vGENT: TFIENCE AL~7NG SAID T,~NGENT ,~'YD ALONG THE WESTIyRLY LIi'VE DF SAID LOT L S 00 DEGRIrES 23 `•IINL'TES 00 SECONDS E A DIST.~tNCE flF 2G$.89 FEET TO A PAINT OF CURVE; THENCE ALONG SAID 6i'ESTERLY LliifE AND ALONG A CURVE TQ THE LEFT HAVLNG A R~.DIUS OF 3~1~f.59 FEET, A CEf~TR=1L ANGLE OF 20 DEGREES 5I h~fll`v[1TES OQ $ECOiVDS, .A,~1 .SRC Df5TANCE OF~I25.~0 FEES'; THEtiCE S 21 DEGREES 1~ 4iINLrI'E5 Ofl SECONDS E A DISTANCE OF 21.77 FEET, T4 THE POINT OF BEGINNING, Parcel ?: A PAfZT CF LOT L, BLOCK 5-E, NAIL VILLAGE FIRST FILING, ACCORDING TD THE RECORDED PL.~T. COli~iiY OF EAGLE, ST:~TE OF COLORADO, h•!O:'tE PARTICUL~+RLY DESCRIBED AS FOLL01~i~'S: BEG[ti~ IING .~T THE ~4DST SDUTHI~~'ESTERLY CORNER OF SAID LOT L. BLOCK 5-E, NAIL VILLAGE FIRST F1L11~IG; THENCE ,ALONG THE FOLLObVING TWO CDL'RSES ALONG THE SO[JTIiI=RLY BUUNDAR"Y' OF LDT L: (1) N Ei~J DEGREES 35 MINUTES iI0 SECONDS E A DISTANCE QF 19fi.3~ FEET; (2J N 33 DECREES 0~ h1INUTES 00 SECONDS E A DESTAIVCE DF IBS.00 FEET; THENCE N 5a DEGREES OD EViiNUTES 28 SECONDS 1V A DISTANCE OF 135.[i6 FEET T~J THE TRUE POINT OF BEGIIdNTNG; THENCE S 71 DEGREES SEi ;"v;lNUTE5 d0 SECONDS W A DISTANCE OF 89.5I FEET; THENCE N 00 DEGREES 23 j+tINUTES 90 SECONDS W A DISTANCE OF I07.2a FEET TO A POINT DN THE SOUTHERLY I2ICHT-OF-WAY LINE OF EAST MEADOW DRNE; THENC$ S X17 DEGREES 12 h[INUTES Z7 SECONDS E A DIST~,NCE OF I16.94 FEET TO THE TRUE POINT OF BEGiNVLVG, • :7 • E~chit~it B The Talisnnan parcel i'.xil~~~ B Legal Description of the Talisman Land Fee simple title in and to the following parcel: ~. part of Lots L and K, Black 5-E, Vail Village First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the mast Southwesterly point of said Lot L; thence N. 60°35'00"E, and along the Southerly Iine of said Lot L a distance of 196.34 feet; thence N. 33°04'00"E. and along the Southerly line of said Lot L 3 distance of 1 b5.00 feet to the true point of beginning; thence N.~S°08'2$"W., a distance of 120.00 feet; thence N.34°5l'32"E. a distance oF97.46 feet; thence S.$2°35'00"E. a distance of 142.01 feet; thence 5.23°54'38"'E. a distance of 86.00 feet; thence 5.66°05'22"W. a distance of 40.1.5 feet to a corner of said Lot L; thence 5.69°50'00"W. and along the boundary of said Lot L a distance of 102.50 feet to the true point of beginning. A non-exclusive easement for access, described as fo]lows: An access easement 30.00 feet in width across a part of Lot L, Block 5-£, Vail Village First Filing, County of Eagle, State of Colorado, the centerline of which is described as follows Commencing at the most Southwesterly point of said Lot L; thence N.60°35'00"E. and along the Southerly line of said Lot L, 195.34 feet; thence N.33°04'00"E. and along said Souther]y line 16x.00 feet; thence 1~1. 55°08'28" W., 120.00 feet; thence N,34°51'32"E., 97.46 feet; thence S.$2°35'00"E, 15.00 feet to the point of beginning; thence on an angle to the left of 90°00'00", 35.04 feet to the point of terminus, said paint being in the right ofway of East Meadow Drive.. • • Exhibit C-1 Leal Desca•intion of Talisman Encroachment LJ 10 EXhibit C-i A PART OF LOT L, BLOCK ~-E, VA1L VILLAGE FIRST F1L1NG, TO~xJN OF VAIL: CO[.'NTY OF EAGLE, STATE OF COLOf2AD0 IECORDED AT RECEPTION Na. 96382 IN THE EAGLE COUNTY CLERIC AND RECORDER'S C?FFICE Ir10RE PARTICULARLY DESCRIBED AS FOLLOVti'S: COMMENCING AT THE NORTfiEAST CORNER OF SECTION.8, TOWNSHIP 5 SOUTH, RANGE SD WEST OF THE 6th P.M. A 3 %_ `° ALC,'MINUM CAP FOUND fN PLACE WHENCE THE NORTH 1116'" OF SECTION 7 AND 8, A 3'l." ALiJMINUM CAP FOUND IN PLACE, BEARS S 00°Z3'00" E A D1S"1"ANCE OF I326.27 FEET BEING THE-I3ASIS OF BEAR]NG FOR THIS DESCRIPTION. THENCE S 04°01`31" E A DISTANCE OF $70.80 FEET TO THE COMMON CORNER OF THE SOLITH1+4rEST CORNER OF SAID LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING; THENCE ALONG SAID NORTHERLY BOUNDARY OF TRACT I THE FOLLOWING TWO (2} COiJRSES: 1) N 6D°35'OD" E A DISTANCE OF 196.34 FEET; 2) N 33°U4'00"' E A DISTANCE OF I65.00 FEET TO A COMMON CORNER OF LOT L 1rAIL VILLAGE FIRST FILING AND THE SOUTHWESTERLY CORNER OF THE TALISMAN PARCEL A5 RECORDED IN B001C 249 AT PAGE 418 AND RECEPTION No. 7j4726 IN TIME EAGLE COUNTY CLEILK AND RECORDF,R'S C7FFICE, SAIC3 POINT BEING THE TRUE POINT OF BEGINNING; Tf-IENCE ALONG TEIE SOUTHWESTERLY LINE OF SAID TAI_[SNiAN PARCEL N 55°08'28'° W A DISTANCE OF 9.50 FEET; TI-IENCE DEPARTING S.~.iD TALISMAN PARCEL Tk3E FOLLOWING THREE (3) COURSES: I) S 24°01'04" E .A DISTANCE OF 8.65 FEET; 2} N 65°~8'S6'" E A DISTANCE OF 1.70 FEET; 3} S 24°01'44" E A DISTANCE OF 1.56 FEET TO A POINT ALONG THE NORTHERLY BOUNDARY OF SAID TRACfi [; THENCE N 33°04`00" E A DISTANCE OF 3.83 FEET TO TIME TRUE POINT OF BEGINNING, SAID PARCEL CONTIAINING 24.19 SQUARE FEET MORE OR LESS. Exhibit C-2 Dra~vin~ Depicting Tatisrnan Eneroachziaez~t 11 ~x~,,~ r ~- _ ~" Z as F D ~ ~ ~ii wi U o~ z o a m ~ 9 w J OJ I~ I.J U a N ~ 'ti ~~ ~ ~ ~ 41 ~ ~ I i v ` ~ NnLLQW BRIDGE ROAD ! ~ ~ -~ "' O z zz pz Ci c? ,~ wm 0 0 I W ~ ~ ti W~ 4i ~ Imo!'`? ~~ f _: x~'~1 yi ~ Ga C7 Q ~zo a~..~ ~~o ~~a~ Qi Q ~ ~i ~ F ~ w 6~~Cj A., E-Q9~ .. ° ~ C4 a ~ ~ ~' ..] ~ ~ P ~~ NFn o JJ G T g y t,~f7C~ ~ ~~ ~ Qm O oo ~ r + o 7 y di ~ / ~ ~ ~ :~ N~ ~°: O ~ Qx QUO Q ~~ ~ ~ p ~ ~ C J Q [V ~ ~ p ~7 I ~ v} "~ O W J U w ¢ ~ i ~ F ~ ~ •'' ~ ~ a . ,~ ~, U U,U V U U f J ~ f`+ ~ ~ ° ~ „~ j ~ ~ a ~. ~ W ~ ~ (.7 Ti L.! Z o. N n ~I 'x N. O h o }i ~' © P 1~7 f N Z , OO ~ t ~ O i~ - ~ d. . a ~r't ~no o;.n < N ~ ~,.~ V CS J ~~' ~~ ~ , ,~ 4~ ua z z u~i ~ z ~ 7 ~ 7 ~ 2- rn ~ N ,~ ~_~ a_ n ~`li . ~ ~~ o ' r °' u~a~ -a ~~ y... Z n +.a a n ry o o 0o t p ~ w p- fS. d ~ V cn ~ U . UJ t" ~"~ ~ J °~ `~ N ~l0 ! 7 N ®'~ f" ~ C.7 ~ (~ s Q h+ow ~ W ~ ~ J 90 •- J .- rs f W a d d ~ L~ ~ N, 3Z O U ~•~p .t U CC a N O p ~ t7 2 ~ Q~n w ~~ t?O/ 1' QL~-+ O ~ = a ¢ o ~ U a1,rji m0 0- 1 ~ ~ of z o iti N ~ N ~ _ //''1 ~ + I / Z jQ Q ~ _O f U1 / O L.1 ~ // ~ ~ ~ ~ ry~© LaJ ~~ O~ } © ~~ ~~ ~ ^ ~~ ~ Z~ J Z 2 4 0 w w ¢ ~ z ¢ a v ,;~ a z ~ 4 ~ l+-1 ~ J U Q~ w W ~ Q w W ~ d 'd O ~ ~ ~ ~ op Q ~ ~ ~ 1 . ~ ~ ~ s u ~~ O ZH ~ U k ~ a J t~ ~~ r ~ O w.1 UFO m d Z X~ ~ ` 4 ~ Z ~' a W p_ ,y , CW Z cad ~ QS v W ~ -~,~ ~rn o Un ~: ~ ~ zN Paz ,~'~ ~ i rn S J ~woZ m ~a w 1 ~ ~ zvf ~. O ~ m - ~ ~ ~~ m _ _ _ - - gp4'p~ 31 E N40'2.~'fl~~}} W w w ~'-' `r _ ~ _ -±~_ _ _ _ _ _ _ _Sd0_23`GG"E -- 132~.27'_(M_=AS.~ ~8A51_0~ E£.~,?IN~.~; _ ~~ 3G' (PLAT] 1323 ' 3' "E C° n . 2 00 - VAiL ROAD Sdd 4.~ w ~~ ... L ., "I .'I iy\ L5 _J . ~ V'V 4/ b:,~ tel.! ~~~~~, ..~l~.u J.r~.. ~sv~.: ~.~-:.~~.~i M.,_ \..~„r. \v. ., :; \L'U"-Vl,'V \'~ • • Consent of Lender DG Bank Deutsche Genossenschaftsbank AG, Augsburg Office, a German corporation (the Bank), is beneficiary under the Deed of Trust, Assignment ofLeases, Rents and Profits, Securifiy Agreement and Fixture Filang dated as of July 10, 2001, executed by SozAnenalp Properties, lnc,, a Colorado corporation (Sonnenalp) as grantor, and recorded July 17, 2001 under Reception loo. 762342, Eagle County, Colorado (the Deed of Trust). By executing this Consent, the Bank consents to the foregoing Easement Agreement (Talisman Condominiun~'Sonnenalp Resort Property) between Sonnenaip and Talisman Condominium Association, a Colorado nonprofit corporation (the Easement). Further, the Bank agrees that if the Bank forecloses against the property encumbered by the Deed of Trust or takes any other action to enforce its rights and remedies under the Deed of Trust, no such foreclosure or other action will affect the Easement or impair the rights and obligations of the parties to the Easement. Dated , 200 DG Bank Deutsche Genossenschaftsbank, AG, Augsburg Office, a German corporation By: Title: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003, by as of DEG Bank Deutsche Genossenschaftsbank AG, Augsburg Off ce, a German corporation. WITNESS my official hand and seal. My commission expires: Notary Public SEAL] 12 THIS ITEM MAY AFFECT YOUR PRQPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town ofi Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on September 8, 2003, at 2;00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow for a residential addition in the Gore Creek setback, located at 4444 Streamside Circle /Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisio, represented by Jahn Perkins. Planner: Allison Ochs A request for a recommendation to the Vail Town Council of a proposed amendment to the FOi?D PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Plan, to a{low for the construction of a public parking facility and structure, a request far a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 580 South Frontage Road East/Ford Park Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell A request far a variance from Section 12-6D-1 fl, Landscaping and Site Development, Vail Town Code, to allow for the construction of a new primary/secondary residence, located at 2319 Chamonix Rd. /Lot 9, Block A, Vail Das Schone Filing 1. Applicant: Brian ~Reske Planner: Allison Ochs A request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for the modification and enlargement of an existing deck, located at 3120 Booth Falls CourtlLot 7, Block 2, Vail Village 12~h Filing. Applicant: Halide Gazioglu, represented by Sheppard Resources Planner: Matt Gennett A request for review of a minor subdivision, which resubdivides part of Lots L and K, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Block 5E, Vail Village First Filing, resulting in the Sonnenalp and Swiss Chalet on separate parcels. Applicant: Sonnenalp Properties, represented by Braun and Associates Planner; Warren Campbell The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development ®epartment 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- 235fi, Telephone for the Hearing Impaired, for additional information. This notice published in the Vail Daily on August 22, 2003. '+ Attachment: E h~~ TD}4'~1' OF 4;•i1L ~i Sonnenalp Minor Subdivision Adjacent Property Owners List August 20Q3 DORE, WILLIAM J. Cf0 DORE' FAMILY OFFICE 5151 SAN FELIPE ST STE 90D HOUSTON, TX 77056-3607 BILLUPS, M. & LA-LEWIS L_B.-MANNIX, FB - BILLUPS, JAMES S. III TRUSTEE 8301 BROADWAY STE 319 SAN ANTONIO, TX 78249 TREVINA LP 640 5TH AVE 8TH FL NEW YORK, NY 14420 VAIL CORP PO BOX 7 VAIL, CO 81658 H[BBERD, FRED, JR 45 SKYLINE JACKSON, WY 83001 FIRST BANK OF VAIL CIO F[RSTBANK HOLDING CO PO 80X 150497 LAKEWOOD, CO 80215 KOVENER, RONALD R. & CAROLYN ©. 2266 E CAPE COD DR BLOOMINGTON, 1N 47401 KNIGHT, MARK E. Cf0 KNIGHT OIL TOOLS FDUET RD LAFAYETTE, LA 70508 REISHER, ROGER L_ 2400 CHERRY CREEK S DR #405 DENVER, CO $0209-3258 333 TRUST MARILENA PIRAS TRUSTEE 415 STEELS ST DENVER, CO 80206-4416 VAIL RELIGIOUS FOUNDATION INC REV. DON SIMONTON 19 VAIL RD VAIL, CO 81857 VAIL VILLAGE INN INC 100 E MEADOW DR #33 VAIL, CO 81657 VAIL VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION PHASE 1 AND 2 CIO SLIFER MANAGEMENT 143 EAST MEADOW DR. VAIL, CO 81657 VAIL VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION PHASE 3 AND 5 Gl0 JOSEPH STAUFER 1Q0 EAST MEADOW DR. VAIL, GO 81657 HOLIDAY HOUSE GONDOMINIUM ASSOCIATION CI© RICHARD SGAPELLO 9 VAIL ROAD VAIL, CO 81657 l CROSSROADS CONDOMINIUM ASSOCIATION 143 EAST MEADOW DRIVE, SUITE 499A VAIL, CO 81657 } 131SHOP PARK CONDOMINIUM ASSOG PHILLIPS & ASSOC INC PO S{3X 1403 VAIL, CO 81658 RIVER HOUSE CONDOMINIUM ASSOCIATION PO BOX 3459 VAIL, CO 81657 B. B. & C. PTNSHP CIO JACK CURTIN 757 S VINE DENVER, GD 80209 VILLAGE CENTER AS50C 124 WILLOW BRIDGE RD VAIL, CO 81857 VILLAGE CENTER CONDOMINIUM ASSOCIATION CIO SIERRA MANAGEMENT PO BOX 3842 VAIL, CO 81658 JACOBS, WILLIAM T., JR 2001 W JEFFERSON ST JOLIET, IL 60435 HAMILTON, DAVID R. & CATHARINE C. j 1500 N LAKE SHORE DR CHICAGO, iL 60610 ZALE, DONALD & BARBARA JEAN 3102 MAPLE AVE STE 100 DALLAS, TX 75201 FREDERICK R. MAYER QUALIFIED PERSONAL RESIDENCE TRUST 1702 WAZEE ST DENVER, CO 80202 RIVER HOUSE CONDOMINIUM ASSOCIATION PO BOX 2015 EDWARDS, Cfl~ 81632 SITZMARK AT VAIL ING 183 GORE CREEK DR VAIL, CO, 81657 EDELWEISS CONDOMINIUM ASSOCIATION 103 W iLLOW PLACE VAIL, GO 81657 TALISMAN CONDOMINIUM ASSOCIATION 62 E MEADOW DR VAIL, CO 81657 Braun Associates, Inc. PO Box 2658 Edwards, CO 81632 • MEMORANDUM TU: Planning and Environmental Commission FRAM: Community Development Department DATE: September 8, 20D3 SUDJECT: A request for a final review of an exterior alteration or rnodifcation, pursuant to Section 72-713-7, 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 4D%; and a request for the establishment of an approved development plan #o 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 !. SUMMARY The applicant, Vail Resorts Development Company, represented by Jay Peterson, has requested a worksession with the Planning & Environmental Commission to discuss Vai['s Front Door project. Specifically, the applicant and staff are asking the Commission to listen to a presentation on the responses to the Commission's request for additional information. Upon completion of the presentation, staff is requesting that the Commission engages in a discussion with the staff and applicant and provide their input and feedback on the proposed project in anticipation of a final review of the proposal at the September22, 2D43, public hearing of the Planning & Environmental Commission. 11. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company ~VRDC), represented by Jay Peterson, is requesting a worksession meeting with the Planning ~ Environmental Commission to continue discussions regarding Vail's Front Door project. The purpose of this meeting is to listen to a presentation an the responses to the Commission's request for additional information and to allow the Commission to engage in a discussion with the staff and applicant and provide their input and feedback an the proposed project. 111. BACKGROUND On January 6, 2DD3, the Community Development Department received the applicant's submittal of 14 development review applications to facilitate the redevelopment of Vail's Front Door project. On February 10 and. 24, 2003,. the Planning and Environmental Commission held worksessions to discuss the applicant's proposal and requests #o amend various planning documents of the Town of Vail. On March 10, 2003, the Planning and Environmental Commission voted unanimously to forward a recommendation of approval of the applicant's request to amend the Vail Land Use Plan, Vail Village Master Plan, and the Town of Vail Zoning Regulations to the Vail Town Council. ©n April 1, 2DD3, the Vail Town Council approved Resolutions No. 2 and 3, Series of 2DD3, amending the Vail Land Use Plan and Vail Village Master Plan, and approved Ordinance No. 4, Series of 2DD3, amending the Town of Vail Zoning Regulation, upon first reading. On April 14, 2DD3, the Planning and Environmental Commission held a worksession #o discussed the proposed plans for improvements to Lots P3 and J, Block 5A, Vail Village Stn Filing tVail Park). Qn April 15, 2003, the Vail Town Council approved ordinance No. 4, Series of 2DD3, amending the Town of Vail Zoning Regulation, upon second reading. On June 9, 2DD3, the Planning and Environmental Gommission held a worksession to continue discussions on the proposed plans for improvements to Lots P3 and J, Block 5A, Vail Village 5th Filing (Vail Park}. The Commission tabled. the final review of the four development review applications directly associated with the Vail Park improvements until the Jufy 14, 2003, public hearing of the Planning and Environmental Gommission. On June 23, 2003, the Planning and Environmental Commission held a worksession to discuss the proposed improvements and development applications associated with the Vista Bahn Ski and Vail`s Front Door project. I.Jpon presentation ofi the proposed plans, the Commission accepted public comment and then provided feedback to the applicant- In providing feedback to the applicant, the Commission raised a number of questions. The applicant and staff agreed to provide answers to those questions at the July 14, 2003 meeting. On July 14, 2DD3 the Planning and Environmental Commission held a worksession to discuss the proposed improvements and development applications associated with the Vista Bahn Ski and Vail's Front Door project. Upon presentation of the proposed plans, the Commission accepted public comment and then provided feedback to the applicant. In providing feedback to the applicant, the Commission raised a number of questions, The applicant and staff agreed to provide answers to those questions at the July 28, 2003 worksession meeting. The more significant issues raised by the Commission and public were questions regarding traffic impacts, loading and delivery operations and management, and the summer and winter programming of the Vista Bahn ski yard. Qn July 28, 2DD3, the Planning and Environmental Commission held a worksession to discuss the proposed improvements and development applications associated with the Vista Bahn Ski and Vail's Front Door project, Specifically, the Commission 2 directed their attention to the operational and management issues associated with the proposed loading and delivery facility and the conclusions of the revised traffic impact report. To help understand the impacts of tike loading and delivery facility the Commission members visited the centralized loading facility in Beaver Creek. The Commission also focused their attention vn the site plan location and design concepts of the skier services building. On August 6, 2003, the Town of Vaii ©esign Review Board held a hearing to discuss the proposed design concepts of the fear major components of Veil's Fron# Door Project. Following a presentation on the proposed Vail Park, the 13 residences, the member's ski club, and skier services building improvements, the Board provided their initial comments and input. A copy of a letter to Tom Braun and Jay Peterson summarizing the Design Review Board's comments has been attached for reference attachment A}_ Jn August 11, 2003, the Planning and Environmental Commission held a public hearing on the proposed improvements to Lots P3 & J and a request to amend the Official Town of Vail Zoning Map. Upon evaluation of the applications, the Commission voted to approve the requests, with conditions, and to forward a recommendation of approval of the zone district amendments to the Vail Town Council, on August 25, 2003, the Planning and Environmental Commission held a worksession to continue discussions regarding the proposed improvements for Veil's Front Door Project The main purposes of the meeting were to present the revised plans for the skier services building and to visit the proposed development site to view the staked locations of the improvements. In discussing the~roposal in light of an anticipated final review of the application on September 22~' ,the Commission provided the applicant and staff with a fist of additional materials and items that would be required for review and consideration by the Commission prior to taking a final vote on the proposed project. The list of additional materials and items are provided in Section VIII of this memorandum. on September 2, 2003, the Vaii Town Council approved Ordinance No. 21, Series of 2003, amending the official Zoning Map of the Town of Vail to zone Lots 1 and 2, Mill Creek Subdivision Ski Base Recreation - 2 District and Lots P3 & J, Block 5A, Vail Village First Filing Parking District, upon first reading of an amending ordinance. IV. ROLES OF THE REVIEWING BODIES V_ APPLICABLE PLANNING ROCUMENTS VI. ZONING ANALYSIS Address: 145 Vail Road Legal Description: Lots 1 and 2, Mill Creek Subdivision, Tract E, Vail Village First Filing, and Unplatted 3 • • Zoning: Commercial Core 1, Ski Base Recreation - 2 (proposed), and Agricultural & Open Space Land Use Plan Designation: Ski Base and Vail Village Master Plan Hazards: Areas ofi 40% Slope Lot Area: 261,685 square fieet16.01 acres Development Standards Lot Area (min.}: Allowed 10,000 sq. ft. of buildable area Setbacks; As indicated on the approved development plan Building Height (max.): Density Control: (du's/ac) (GRFA) Site Coverage: Landscaping and Site Development: ParkinglLoading Plan and Program: (Parking} (Loading} 43' and as indicated on the approved development plan (Compliance with the Vail Village Master Plan is required) 48 du's or 8 du'slac As indicated on the approved development plan As indicated on the approved development plan As indicated on the approved development plan As indicated on the approved development plan VII. SURROUNDING LAND USES AND ZONING Proposed 261, 685 sq. ft. of buildable area As indicated on the approved development plan <43' and as indicated on the approved development plan 13 du's or 2.2 du's/ac Land Use Zoninq North: Mixed Use Commercial Core 1 4 • 1. Additions! Information Required Resource {Eagle County} Twa-Family PrimarylSecondary Two-Family Primary/Secondary Qn August 25th, the Commission requested additional information from the applicant and staff with regard to the review of the development review applications. The expressed purpose of the additional information is to aid the Commission in their review of the applications and their understanding of the impacts of their decisions. The fallowing list summarizes the additional information requested by the Commission: • Please provide information indicating the proposed height of the land mark feature {clock tower} and verifying that it is in the appropriate location? • Please provide a section drawing through ©ne Vail Place extending to the south through the Vista Bahn ski yard and the skier services building. • Please provide a complete loading/delivery management plan for the centralized loading and delivery facility. • Please provide a traffic circulation plan depicting the flow of vehicular traffic, including the anticipated route of delivery truck to and from the central delivery site. • Please provide an illustration verifying that the proposed skier services building will not encroach upon adapted View Corridor #2. Please provide a written summary and plans of the haw the proposal complies with the requirements of Section 12-$E-17, Mitigation of Development Impacts, Ski Base Recreation --- 2 zone district, Vail Town Cade. Please provide a site plan comparing the existing square footage of the Vista Bahn ski yard to the proposed ski footage of the ski yard, upon completion of the project. Please provide an intersection analysis (level of service} along Vail Valley Drive from East Meadow Drive to the entrance to the Gold Peak ski base. Please provide inforrnatian supporting that the appropriate size and number of restraom facilities are being provided for this development in the skier services building. Please provide a lighting plan depicting the proposed lighting of the alleyway between the International Wing of the Lodge at Vail and One Vail Place. Please provide a written summary addressing the instances of criminal activity in the alleyway between. the Intemational Wing of the Lodge at Vail and One Vail Place. Please provide a written summary of the meeting with the Vail Chamber and Business Association regarding the proposed central loading and delivery facility. Please provide a written summary of the meeting with Town of Vail Design Review Board regarding the conceptual review of Vail`s Front agar Project, an September 3, 2003< 5 South: Open Space East: Residential West: Residential VIII. QISCUSSION ISSUES • Please provide a written schedule outlining the tentative schedule for' the review of Vail's Front Door Project. IX. STAFF RECOMMENDATION As this is a warlcsessian, the Community Development Department will not be making a recommenda#ion at this time. Staff will, however, provide a formal recommendation with proposed conditions at the time of final review. Staff is anticipating a request far a final review by the applicant. at the September 22, 2403, meeting of the Planning & Environmental Commission. X. ATTACHMENTS A, Letter from Tom Braun, Braun Associates, Inc., addressing the Commission's request for additional information, dated September 8, 2003 B. A written summary addressing the instances of criminal activity in the alleyway between the International Wing of the Lodge at Vail and One Vail Place, dated September 8, 2403 C. A written summary of the meeting with the Vaif Chamber and Business Association regarding the proposed central loading and delivery facility, dated September 8, 2003 D. A written summary of the meeting with Town of Vail Design Review Board regarding the conceptual review of Vail's Front Door Project, on September 3, 2443 E. A written schedule outlining the tentative schedule for the review of Vail's Front Daar Project, dated September 8, 2003 6 ~, ~ 1~A1 /~I~A ~ I~ A1~~~~I~,~~1f~1E~4 l ~o ~I~,r.~rvir~~ ~~d caMr~,u~~Tr a~vE~o~rErvT September 8, 2003 Mr. George Rutlzer Chiefof Planning Town of Vail Vail, CO 81657 RE: Vail's Pront Door-PEC. 9/8/03 Work Session Dear George:. The purpose of this letter is to respond to PEC questions and requests for information that were raised at the August 25`h PEC 'W'ork Session. Where appropriate, we have attached Gxllibits and supplemental information in response to some of the questions that have been raised. Ili addition to the items discussed below, the PEC also requested information on the Town's loading management plan; police reports regarding the alley between One Vail. Place and the Lodge at Vail, comments from the merchant's meeting, and DRB comments from their conceptual review, It is our understanding that you will be providing this information, We look forward to our upcoming work session with the PEC. Thank you again for your ongoing assistance with this exciting project. Sincerely, e~~ 4 !J _ ~1 Thomas A. Braun, AICP CG: Jack Hann .lay PeterSOn Bob Fitzgerald ATTACHMENT A FdwardsWilla~c Center; Sui!e C-7~9 Pf-,. 970.926757.5 UIC~_i Ldwai°dsVlllage ~'oulevard f ~x - 970.926.7576 "~~st Office Eic~x 2658 ~vww.b~au~~assoclutes.cc~~ri Edv~~ards, Cnlorada 8 1632 VAIL'S FRONT DOOR RESPONSE TO PE(" QUESTIONS FROM 8f25 View Analysis This discussion centered around three separate, yet related issues/yuestians: Taoes the skier service building respect tlae designated view corridor from Seibert Circle? T'he attached photo sirr~nlatic,m demonstrates that the skier service building does not encroach into the designated view corridor, A site plan depicting the view corridor i5 also provided. "fllis plan demonstrates how the building is set back to the w~•est of the view corridor line. Will the tower element of the building, obscure the view of Pepi's face? The attached photo simulations (taken from the proposed skier plaza and the top of Bridge Street between the 1-Lill Building and the Bridge Street Lodge} demonstrates that the tower element of the skier service building does not ad~,-ersely impact the view of Pcpi's face ski n~t~. The tower will have no effect an the view of the face from the. Lt:~s Arnigos de+ek. + Can the tower element serve as a "visual cue" for pedestrians in the Village Care (i.e. can it provide a landmark to "draw" people to the base of the mountain), and if so, is the tower located in the best location to do so? The tower is visible from the top of Bridge Street anti therefore will provide a "visual cue/landmark" for the pedestrian. Due ro the existing buildings at the tap of Bridge Street haw~ever, the tower will only be visible from a relatively limited vantage paint. The tower would be mare visible if moved to the east, but this change is not possible due to the existing view corridor. Site Sections The PEC has requested crass-sections of the project. Attached is across-section through One Vail Place and the skier services building and across-section tlu•ough the Lodge at Vail and the skier services building, Cross-section of the ski yard through the plaza and the base of the Vista Bohn are also provided. The ski yard crass_sections depict existing and proposed grading (summea• time condition) and existing and proposed "snow" grades (winter time condition}. Vehicular Circulation at Tunnel VAIL'S 1~RUNT D(3()R Iiespnn~e to PPC (lvestions I~c~rv H/25 Attaclicd are two diagrams of ho~v vehicular circulation in and out of the proposed tunnel can he managed. Both cars and trucks will enter the tunnr:l from the west on Vail Road. The tunnel and Vail Road intersection has been designed to allow for alternative exiting routes. Cars can either exit to the left on Vail Road or exit to the right on Vail Road to Willow Circle. Trucks can either exit to the left on Vail Roaci or exit. to the right and leave the Village via Willow Circle, Willow Bridge Koac1 or Gore Creek Drive. Ski Yard A site plan depicting, t}tc apprcrxirnate sire of the proposed ski yard Kati been prepared and is ittached. This diagram pren,icles ciinaet•rsions and an approximate area calculation of the ski yard (as roughly defined by the ski pl~iza on the north, the Vista Bahn on the east, 11A1i11 Crcck Road on the south and the skier services building on the west). Alley bet~ti~een One Vail ['lace/i~adge at Vail As requested by the PEC, Vail Resorts will evaluate opportunities for adding lighting to this a11e_y. Any li~Thting tc~ he proposed will be done at the time of 1781=3 review. Vail Valley Drir~'e Analysis As demonstrated by tl~e previously submitted traffic analysis for P3&J, there is expected to be a net reduction of traffic. In response to the PEC's request, however, a traffic analysis of Vail Valley Drive has been prepared and is attached. This analysis utilizes data from traffic counts taken in February of 20{}0. These counts are the most recent wintertime counts for thiti roadway. Skier Service Building Itestrac>'ms The PEC expressed concern about the number of restrooms proposed for the skier services building. The existing bathrooms at the base of the Vista Balm include six stalls for women and three stalls/four urinals for nzeu. In the course of refining the skier services building the number of stalls will be increased from what was presented at the last worksessic~n. Fixtrires ti~-i91 be doubled to tr~,~~c1ve stalls for womt:rl and five stallslsix urin~~l~ fr~r men. Anticipated Affect of Frr~nt Doer Project on Skier Visits to Vail Village P©rtal The Front Door project is not expected to draw new Skier visits to Vail Village_ While the ski plaza, ski yard and Skier services building will provide ;really improved skier VAIL'S FR©NT UO()K Reti~onse to PAC Qu~sgons frond 8125 experience, these improvements will enhance the level of service provided to existing skiers. The enhancements improve quality and arc not an attempt to increase quantity but an attempt to improve qualityy-. The proposed improvements are nc>t of a magnitude that would influealce a guest to use the. Village portal over Golden Peak or Lionshead. IVlitigation of I}evclopment Impacts The Front Door is proposed to be zo~ied Ski BastJRecreation II (final 'I'owa Council approval of coning scheduled for Sept. 22). Phis cone district stipulates that projects include improvements dcsi~wnccl to mitigate the "direct impacts of their develonrnent an public infrastrl~cture." Sections I~~-RF.-17 ~ca~~~s: Property ownersldevelopers shall also be responsible for mitigating direct impacts. c>f their development on public infrastructure and in all cases tr~itigatian shall bear a reasonable relation to the development impacts. lrnpacts rxtay be determined based on repar-ts prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelc7pment and will be determined by the planning and environmental commission in review of development projects and coriclitional use permits. Substantial aff site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvemerts; pedestrian walkway improvements, streetscape improvements, stream tract bank restoration, loading/delivery, public ar•t improvements, anti similar iwi3pravcrnents. The intent of'this section is to aniy require mitigation far large scale redevelopment/development projects which produce substantial ol'f site impacts. Tlic wont Door {and P3&J) includes a wide range of both on and aff-site public improvements that pat aniy r~3itigate the direct impact of the proposed development, but also provide far reaching public benefits well beyond the direct impacts of the proposed development. The public irnprovenrents fear the Front Door project include: • Anew public park at P3~J • Streetscape irnpravemerats (pavers, new sidewalks, heated walkways, drainage, etc.) between P3&J to Seibert Circle • Heating of the Chute Roaci at P3~:J • Streetscape improvements between the Vista Bahn ski plaza and Seiberrt Circle and between the Vista Bahn ski plaza and Eaton Plaza • Ke-graded ski yard and ski plaza at the base of the Vista Bahn • Infrastructure improvements (patver source and conduit.) at the Vista Bahn ski yard that will create a venue for community events • A bike path through the Front Doar project • A Fourteen-ba_v underground central loading facility designed to serve Vail Village south of Gor•c Creek • Streetscape improvements (pavers, Heated walkways, crosswalks, drainage, etc.) along Vail Rcfad including a new Checkpoint Charlie building VAIL'S FRC)NT DOOR EZ~s~anse to PEC Quest~c>ns t'rc~[n 8/?5 + New public: restroams irx tlac new Checkpoint Charlie building • Heating of the road between the Lodge at Vail and Check Paint Charlie • Deed-restricted cmple}yee housing units (to lie provided at the North Uay l..ot) • Off-street parkirxg that greatly exceeds code rcyurerxrcnts for the proposed development + New cnlar~~ed public restraoms within the skier service building. 7'he range Ind extent of public improvements is unprecedented and in rxxany cases go wel! beyond tl~e "direct impacts of the development." Far example, the direct impact. of the project an loading would he determined by the loading requirements of the zoning code. In this cave, the Front I~aor project would require five leading hays. Not only will the fourteen bays be provided at the applicant's expense. (all available fc~r public usej, there will be additional expense incurred by the applicant to provide access ways anci elevators to allow the facility to serve the Village care area. Ct is also important to understand haw the Front Door project will help mitigate Vail's public parking capacity issue. l3ascd an the Town's zoning code, the Front Door is required to prop°ide 79 parking spaces. This nurnher af~ spaces would reflect the "direct impact of the project." A total of 220 spaces are provided at the Front boor. This results in a total of 141 "excess." parking spaces. The majority of these excess spaces are the 95 varlet-served ski club parking spaces. The use of these spaces w°ill be by people who are already skiing in Vail and currently parking. in the Town's structure or an the Frontage Road, The indirect result of the ski club is the rcnxaval of )5 cars from the "Town's structure or the Frontage Road. The same situation occurs with the new parking structure at P3&J. In this arse, 108 new parking spaces arc; created. Based on current reservations, the majority of these spaces will he purchased by property owners in the surrounding neighborhood who currently da not have on-site parking. Presumably many of these people currently park their cars in the Town's parking garage. While difficult to quantify, it can be assumed that this parking garage will also serve to significantly lessen demands on the Town's parking structure. • V.~IL'S FRONT DOOR 4 Rc~pontie to FEC Qu~;stic~ns frntn x/25 I Il l ~- i i !1{~~,; ,~,,~ ~, •, a f 9515 ~ 1 \ ~+ _... ~l. - .._ 4 • • i ~ ~ r- Cl 2 m (4 I~ 7 CI ~ O i ,/ `" ,~ '~'~'~ ~ ~ r C7 ~,1~ ~~ ~ ~1,, a a ~ , r~" _--- _'-~_ 6-- 4 ~-~~~~ ~_ -t. ~ `~`~~ S ~' 1~ N .-. ~` 1~ ~~ .~ ~~ /f ~~~- J ~ ~ r ` ~ ^' ~ !+ M ~ ~! T f V S-"' W ~ ~ ' ~ V} ,;f" 1 ". _:, ~ +, . ~._ ~ ,f ``~~. I~ 0 m C m~ a 0 3 a D W tC! CG f17 N N rt f C ~' j • • 0 c~ G c~' c r~. 0 3 0 0 ea ~' v su N n~ G ~~ • • ^1 z ~3 r f Hy - ~ v r r~hy /' `' 1.11 J' J fT'I v /` ~V ~~ r -~Z -_~ -~a ~c c s U C5 f5 f */' :1 T P. Y .v ~ f f: r, r, '1 ^ T r :/: ~ /; ~c r, n N = f r ~ a; ~ -. '-N •n ~~~~ 1 ^1 ~ ~_~ ~. ~--~ ~I% -* f~ i f: fi J 1'; _T ! ~ ^~. 7G ~~ n .~'. r ~~\. ~~ ~1}`+'~.y.. ~~_ ~~`., ~y i~~ .t ~~ 1L 4 ~\S~~ g ~ r~ ~ ~ / r -~ ~~ n ; 1i ~~ , ,~ r 'j~ ~. ~~ :~ (~ F r~ / ~~ ~ ~~ r ~ '~/ 7 y~~ `V' ~ V ~; ~~ :, 1 J ~~ r 1. J' 3 !h :~ ~: 'l~ r "z ,.. i q ~, t 1""'~ f (~ s v~ +~~~ ~~ . ~, .~ '~ ~. ~. , ~ , .k ~ >; _' f' /'~' { O / :fem. .F-r; r f l~f,.. t ~~/! !I~ y rr f R f~ i ~fj~~ '/J ~ .r{tf 6.r 1.41 ~~. ~,~ '~.~~J~ ~`.. ,_.,- .i j f ~~ ffi ~± 'd r. 7 f `" 0 ~~ a Q~ f l ~~ 4 D c~ f~ ~'~ ~. ~..,,. o ~ ~ ~ ~ x~ ~ ~Q ~=~ ~ ~ rt rt ~ ,~ ~ ~ ~ ~ ~ ~/ , ~ ~ O CA • i u `~ ~ ~° ~ `~ C.% ~, 0 ..t~ 1.: ~ r V ~' I 1~ ~: ~ ~~ fit ~f ~e f ~._~~ i1 ~ ` ~ ~1 ~ ~ ~ ~,I. 1 ~ T ~ ~+ ro - - __ - -- 5EP-0~1-~0~~ 17 ~ 17 P. ~~.~1~ ~~~ Kimley-Horn ~ and Associates, Inc. September 4, 2003 Planning and Ezlvir„~,...~ental Ct~rnrxtissic~n Town of Vail 13{}9 Elkhorn Drive Vail, CO 81657 Re: Vail Resor!-s' Frant Daor Redevelopment 1~HA Job #; 067867001 Deax PEC Member: This letter has been prepared to provide the results of an analysis requested as a result of the Planning and Environmental ContmissiQn Public iVieeting held can Monday, July 2.8, 2Qi13. An additional analysis has l.~~aL c©mpleted by Kimley-Horn to address the eornmerets received from the Planning and Environmental ~Conunission to include level of service analysis of two segments of roadway, one along Vail Valley Drive and or-e along Hanson Ranch Load. Peak season, peak hour directional counts and daily traffic counts were obtained at the key segments along Vail Va11~ey Drive and Hanson Ranch Road, from the Town of Vail for the President`s lay Holiday weekend iri 2Q00 (count sheets attached}. These taunts were conducted an several days during the AM and PM peak hours. The highest traffic volume day was fnund to be Saturday, February 19 along Vail 'Valley Drive and Sunday, February 20 along Hanson Ranch Road. These volumes were therefore used in this analysis to provide a cor~ervative ewaiuakion. These volumes aze shown in Figtue 1, attached, Level-of-service (I.,OS} analysis was conducted along these two segments as requested from the Planning and Environmental Commission comments. Vail Valley Drive is curxently operating with level of service D during the peak season and Hanson Ranch Road is +~txrrently operating at level of service A during the peak season. ^ ra ~ ~ x~a FF1X 3Q3 446 8578 ^ su~~e,rr.~ 950 Se~tesnth Street penv~r, Cgi~nda 8024T2 SEP°04-2®03 17:17 ~~ Kimley-Hare ~ .~.. antl As;aocates, Inc. Vail Retorts' FrcDnt 1?aor 4tedevelopment, S~Y.W..ber 4.2fl03, page z Based upon a capacity of 74,9©~ vehicles per day for roadways carrying one lane of travel in each direction and 7,~5p vehicles per day fox none-way single lane roadway, Vail Valley Drive is currently operating at 57% of capacity and Hanson Ranch Raad is currently operating at 22'~ capacity, Hopefully this letter pxovides the requested infoxmation to obtain approval for the project. If you have any questions relating to this response letter ox traffic study pxoject analysis, please call me at (3D3} 2.28-2304. Sincerely, TCIMLEY-H(7RN AND ASSOCIATES, INC. ~.~ Curt1S D. I~oWe, P.E., FT{~1; Associate Attachments Cc: N~. dreg Hail, P.E. Director of Public Works Mx. George 12uther Chief of Planning G.1 tp#a1061857001 Vail ResortslVa9k ViflagelVail Val9cy Drive lxiterVcttcr.]]fJC: P.03r1® •i •i SEP-B4-~0~~ 1 "~ ~ 18 P.~4~10 NoAT r~ss on, , , , .. . f,y, ~~ ; _~ ~ , , ~ -~ ,.~.~ _~ _~~~a la 1 1 ,~ 1 '" .~~ ~ ti{ ~l C ~, Study Area Key 5egrn ent %kX1(I Avaroge bgily 5egrner,t Volume 1i1~M~r Va~~'s FRONT DOQR TRAFFIC C+UUNTS CaN VAIL VALLEY DRIVE ANQ HANBDN RANCH F{DAC FEBRUARY 2tlQ~ ~~~ , FIGURE ~ ~ ~i>d ~.~:~~~tt~, ux, 1,6401 110,030 ~~~ .~. ,_..> c~ ~.- y ..~ ¢ '~ tfS f ~ Y li '~, ti ~ ~ ~ "l'~ 3 !' .Y~+ y 1EQ ~^^ ~.Y fig (~ J ~ ~ SFP-~4-~~1~3 17:18 HCS2000: Two-lane Highways Kerease ~-. ~ c Shone: Fax; .-Mail: Two-Way Two-lane Highway Segment Analysis. #nafyst SAG ~gencylGo. Kimley-Hom ]ate Performed 7/15/2003 ~aiysis Time Period Exisfing -iighway 1+ai1 Valley Drive =romrTo North of Hanson Ranch Road Jurisdiction Tawn of Vail Anaiysls Year 2000 description Ofi7867001 -Van's Front 4oar input Data Nigtrway class Glens 1 Shoulder width 6.0 ft Peak-hour factor, PHF 0.88 Lane width 12..0 ft % Trucks and buses 2 Segment lengkh 4.5 mi % Recreational vehicles 4 °/o Terrain type Level % Na-passing zones 0 Grade: Length mi Access pointsJmi 4 /mi Uplcfown % Two-wey ttc~ur{y volume, V 1145 veh/h Cirli~i Split 60 l 40 Avers a Travel S eed 9 P Grade adjustmen# factor, fG 1.00 PCE for trucks, El' 1.1 PGI~ for RVs, Ei~ 1.0 Heavy-vehicle adjustment factor, 0.088 Two-way flow rate,(note-1 } vp 1258 pcfi Highest directionai split proport;on ~noie-2) 755 pclh f=ree-Flow Speer! Pram Field Measurement: Field measured speed, 8FM - milh pbserved volume, Vf - veh/h Estimated Fres-Flow Speed: rase free-tilow speed, SFFS 65.ta rnim Adj, for lane and shoulder width, fLS 0.0 milh Adj. for access paints, fA 1.0 milh Free-flow speed, FFS 64,0 milli Adjustment for no-passing zones, fip 0.0 milli Average travel speed, ATS 54.2 milli Percent Time-Spent-FollowirMp Grade adjustment factor, fG 1.00 PCE for trucks, ET 1 A PCE for RVs, ER 1.0 vehicle adjustment factor, fHV 1.040 way flow rate,(note-1 } vp 1255 pc/h Highest directional split proportion (note-2) 754 Base percent time-spent-following, $t~TSF 66.8 °!° P. E'7~1@ ~~P-~~1-~®~~ 17 ~ 18 '~rcant ii; ne-spent-fvlEowing, PYS~ nts.€s ro P. e~10 level of Service and Other Performance Measures revel of SeNiCG', t.OS D e to capacity retie, v/c U.39 15-min vehicle-rrriles df travel, VMT95 #57 veh-mi Peak-hour vehicle-miles of travel, VM76t3 5a3 veh-mi Peak 15-min total travel time, TT15 2.9 veh-h dotes: ~ . if vp ~= 3200 pc/h, #erminate analysis-the I.dS is 1=. 2. If highest directional splkt vp ~- 'f 7~1 pclti, terminate analysis-the LOS ks F. • • 5EP-~4-2aC~~ 17.18 4 HG52UUU: Iwo-pane n~~~ awayn ~,~~~~~- , • . Y 'h'one: Fax: .-Mail: Two-Way Two-Lane Highway Segment Analysis ~-nalyst EAG ~ancylCo. }fimley-Horn date Performed 711512003 ~rtalysis Time F'eriatt 1=xisting -lighway Hannan Ranch Road na~mlTa t-Vest of Vail Valley Drive Jurisdiction Town of Vail 4r,aiysis Year 2000 aescriptivn 087$07007 - Vai1'S Front Dovr Input Data Highway Class Class 1 Shoulder width B.0 fk Peak-hour factor, PHF 0.88 Lane width 12.0 ft °Jo Trucks and buses 2 °!o Segment length 0.5 mi % Recreational vehides 4 °Ya Terrain type Level % Ma-passing zones 0 °~ Grade: length mi Ar^~GS pointslmi 4 !mi ugld~wn °~° Two-way hourly vvlume,~V 328 vshlh Directional split t30 1 40 °,~ Average Trove! Speed Grade adjustment factor, fG 7.00 PCE far trucks, ~T 1-7 QCE fvr RVs,1=R 7.D Heavy-vehicle adjustment factor, 0.986 ~'wa-way flow rate,(note-1 } vp 378 pClh Highest directional spilt praparGon (note-2) 227 pclh Free-Flow Speed from Field Measurement: , Field measured speed, SI=M - mllh Qbserved volume, Vf - vehm ~stlmaked Free-Flow Speed: Basefree-flow speed, BFFS 85.0 mUh Adj. for lane and shoulder width, fLS 0.0 milk Adj. for access pdinb, fA 7.0 milh Free-flaw speed, FFS 84.0 milk Adjustment fvr na-passing zones, fnp 0.0 mi/kl Average travel speed, A7S 61.1 mi/h Percent Time-Spent-Foiiowina Grade adjustment factor, fG RCE for trucks. ET 1 ~ ~ 9~Cir far RVs, liR 1.0 vehicle adjustment factor, fHV way flaw rate,(ncte-1) vp Highest directional split proportiatl (note-2) Base percent time-spent-fallowing, BPTS>" 1.00 O.~B 373 gcfh 224 28..0 96 P.89.'10 5EP-8~3-2883 1719 ~~........+ ...._..... P.18r18 >ercent tame-spent-i`ollowing, PTSI= Z~J.b ro Level of Service and Other Performance Measures _ el of service, t_C~S A s to capacity ratio, ~!c Q.12 15-min vehicle-miles of travel, VM~15 4T veh-mi 'eak-hour vehicle-miles of travel, VMTtiO 164 veh-mi beak 1 ~-min total travel Time, TT15 Q.8 veh-h Notes: 1. Pf vp >= 32t}Q pclh, terminate analysis-the t.~S is F, 2. if highest directional split up ~= 17(}t1 pclh. terminate enalysis-the IOS is l=. • TOTAL P, 18 • ATTACHMEt\1T B Memorandum To: Town of Vail Planning and Environmental Commission From: Community Development Department Date: September 8, 20p3 Sulaject. Instances of Crirnina] Activity Report The Community Development Department has investigated the instances of criminal activity, as reported to the Town of Vail Police Department Dispatch Center, for the alleyway between the Lodge at Vail International Wing and One Vaii Place. The purpose of the investigation was to determine the total number and nature of incidents to which the Town of Vail Police Department responded to at ar near the alleyway. According to records provided by the Police Department, from January 1, 2Q01 to present, a total of 21 police response were made to the location in question. The nature of the calls ranged from gas and water line leaks to vandalism and suspicious occurrence. A summary ofthe calls is provided below: • lncident# ]Date Nature Location 10100921 1!10101 THEFT ONE VAIL PLACE TI~E~~ 10$20083 3!23101 VAND ONE VAIL PLACE UHI~DEL1SlI~7 10850226 3126!01 PARK ONE VAIL Pl_ACE _ PACLK-~PR7?F"l 10970143 417101 FOLU ONE VAIL PLACE ~Dl,i'~u7 11 P 91860451 7!5101 ARKS ONE VAIL PLACE~Sr 12390166 8119/01 GAS ~fL-~~ONE VAIL 'LACE ~ HS ~F31G 12590363 9/16f01 Ci~ST ONE. VAIL PLACE ~,~-1zE,fl ~~ISr 13210332 11117101 ~ST ONE VAIL PLACE (pc77~Q1ST 1~S~,t~r 13570015 12/23/01 A F ~~~~f~+ONE VAIL PLACE 1r iQZE ~L,~g p,~ry 20150082 1!15102 THFTIu~'ONE VAIL PLACE ~'"~}~~ pY ,~~li!UICES 20160232 1/16102 SUS ONE VAIL PLACE ~itSQ~ Clp~l,r~ (~GCuf? R~ti]C~ 20370149 216102 PARK ONE VAIL PLACE FA'~r~,aG +~2vE~~-~ .20630167 3!4!02 FOLU ONE VAIL PLACE ~~,,~ ~~Q 21540255 613!02 BURG ONE VAIL PLACE ~~RG1.AiZ 74t~Lo'1 21550319 , 6!4102 WAT~~' ONE VAIL PLACE i~)A"i ~I~UtiE ~1`~QEAIL 21850455 714102 AST[. ONE VAIL PLACE (~u 1S-r f7rur ~,$~F.uc'-S + AaorrlE~ +~'~ 30490994 2118103 DEC~~J ONE VAIL PLACE ~~flt-ti~F Lam. p~, S~~4Ciz1 ry ~UISP+`~ PASS 30790938 3!20!03 ALF ONE VAIL PLACE F1~~ A~ SKt 31520205 611103 PARK ONE VAIL PLACE PflQk1,~C ~~~~~ 31740017 6123103 FND ONE VAIL PLACE ,, '~o~,ab ~pp~y 32180125 816103 ALF ONE VAIL PLACE F~IiZ.E~ ~4uae,~r. • ATTACHMENT C Memorandum To: Town of Vail Planning and Environmental Commission From: Community Development Department Date: September 8, 2003 Subject: A summary ofthe meeting with the Vail Chamber & Business Association regarding loading and delivery On August 12, 2003, Vail Resorts Development Company and the 'Town of Vail Staff were invited to a regular meeting of the Vail Chamber & Business Association to discuss the proposed centralized loading and delivery facility at Veil's Front Door Projec#. The purpose of this memorandum is to summarize the discussion and comments of the persons in attendance. • The loading and delivery facility is for the delivery of goods only. It is not intended, nor is it designed to be a distribution center where the storage of gaols and merchandise will occur, • The proposed facility was modeled after the facility already in operation in Seaver Creek. • Be mindful of potential conflicts with the pedestrian flow along Bridge Street. • Deliveries should be able to "scatter" to various points in Vail Village upon exiting the facility. • is the "Wildflower Chute" a possible route to Gore Creek Drive? • Consider the use of electric delivery carts that are provided by the delivery companies, to help cut down on the number of trips to and from the loading and delivery facility. • The idea of a centralized facility is good as it will remove a large number of trucks from the Village Core and reduce the conflicts between delivery trucks, pedestrians, and residential uses, • The preliminary management plan for the operation of the facility should be presented to the Association upon its completion. • Revenue sources for the operation and maintenance of the facility should he considered and evaluated by the Town. The merchants and restaurant owners are NOT the only beneficiaries of the facilities. Through the removal of trucks from the streets of Vail, residential vw-ners in the Village will benefit as well and should share in the costs of operation and management- s Sales tax, business license fees, and a license foe for the vendors delivering to the facility could be possible sources of revenue. • Think ahead to avoid or minimize conflicts between pedestrians and handtrucks; don't simply create a new problem. • Was the vacated ticketed office in One Vail Place considered as an option for a delivery exiting point? ATTACHMENT D Memorandum Ta: Town of Vail Planning and Environmental Commission Frain: Community Development Department Date: September 8, 2003 Subject: A summary of the meeting with the Town of Vail Design Review Board on September 3, 2003 On September 3, 2003, Vail Resorts Development Company appeared before the Town of Vai! Design Review Board for a conceptual review of Vail's Front Doar Project. As part of fire conceptual review, the Board visited the propased development to view the staking provided by the applicant. The purpose of dais memorandum is to summarize the discussion and comments of the Board from the Design Review Board meeting on the September 3rd. The north elevation of the skier services building must be designed to be aesthetically pleasing as viewed from the adjacent uses. The north elevation should be nicely done and not left as the `backside" to the building. • The long, unintemapted ridgeline atop the skier services building should be broken up vertically. • Evaluate the proportions of the tower. Perhaps it should be taller in height. • `The window fenestration on tlae south elevation of the skier services building should be evaluated tv determine if fewer windows panes in the glass wa11 would improve or enhance the view out of the great room. • Evaluate the mixture and types of exterior building materials. Perhaps less wood and more stucce would allow the building to blend into the theme of the Village. • Carefully consider the rvof design and the rvvfing materials. The roof of eth buildings will be very visible from the ski mountain and therefore should not be neglected. • A mare grand front entry into the skier club building should be considered to create a better sense of arrival. • The north elevation of the skier club building needs to bs evaluated and possibly redesigaaed to improve the appearance of the north facade of the building. • The new design is far better than the old sod-roofed structure that was built into the hillside. • The landscape design is wonderful • The residential buildings blend very well into the hillside. • Avoid creating a "mirror-image" design to the duplexes and triplexes.. C ATTACHMENT E Memorandum Ta: Town of Vail Planning and Environmental Commission From: Conununity Development Department Date: September 8, 2003 Subject; A tentative schedule for the review of Vail's Front Door Project At the Planning and Environmental Commission meeting on August 25~`, questions regarding the tentative schedule for the continued review of Vai['s Front Door Project arose. The purpose of this memorandum is to provide a written schedule for the continued review of Vail's Front Door ~'roject. it is important to note that this schedule is tentative and subject to change. Interested parties are encouraged to stay apprised of the review process to ensure that they remain aware of the status of the development review process. The Town of Vail will make every reasonable effort to publicize the project's status through articles in the newspaper and pasts an the Town of Vail website. Date Meeting Action Requested September 8th P1;C Worksession to discuss the proposed development plan for the ski yard improvements Septembcr 16'~ Town Council Second Readvng of Ordinance No. 21, Series of 2063, to rezone Lots 1 and 2, Mill Creek Subdivision and Lots P3 & J, Vail Village First Filing September 17~' DRf3 Conceptual Review of Van's Front Door Project September 22ne PEC 'Final review afthe proposed development plan for the ski yard improvements October 7`~ Town Council Report to the Council on the status of the project TBD DRB Final review of Vail's Front Door Project. TBD Town Council Annexation Petition Hearing TBD PEC Annexation and Subdivision Plat review and recommendation to Town Council TBD Tawn Council Annexation Plat and Subdivision Plat Approval TBD PEC Zoning of Annexed area recommendation to Town Council TBD Town Councit Zoning of Annexed area review ~1 L MEMORANf3UM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 8, 2003 SUBJECT: A request for a recommendation to the Vail Town Council of a proposed amendment to the FORD PARK MANAGEMENT PLAN -Art Amendment tQ the Geradd ,-~. FordfDonavarr Park Master Plan, to allow for the construction of a public parking facility and structure, a request for a variance from Title 14, Chapter 8, Parking Lat and Parking Structure Design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request far a conditional use permit to a11ow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 880 South Frontage Road EastlFard Park. Applicant: Town of Vail Parking Task Force, represented by Greg Hall Planner: Warren Campbell I. SUMMARY The applicant, Town of Vail Parking Task Force, represented by Greg Hall, has submitted two development review applications to the Town of Vail Community Development Department. The applications include a request for a variance from Title 14, Chapter 8, Parking Lot and Parking Structure Design Standards far All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request far a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 880 South Frontage Road EastlFord Park. If the above applications are approved construction of a temporary parking facility would begin immediately in order far it to be used this winter. Staff is recommending approval of these requests subject to the findings and conditions outlined in Section [X of this memorandum. II. DESCRIPTIQN OF REQUEST The applicant, Town of Vail Parking Task Force, represented by Greg Hall, is requesting a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a pubiic parking facility and structure atop the athletic fields at the +Gerald R. Ford Park, located at 880 South Frontage Road East/Ford Park. A vicinity map depicting the site and surrounding area is attached for reference (attachment A~. For several years the Town has seen an increasing number of days and an increasing number of visitors sparking on the Frontage Road when both parking strut#ures become full. As a result a Town. of Vail Parking Task Force was created to explore solutions to the problem of a lack of parking for visitors. After a great deal of study and review by the Town of Vail Parking Task Force, it was determined that the best immediate solution to vehicles parking on the Frontage Road, creates an unsafe situation, was to propose the construction of a temporary graveE parking facility an the eastern most softball field on the upper bench of the Ford Park. The proposal would locate an approximate 203 vehicle parking facility, which includes two portable toilets, trash receptacles, signage, and a snow removal area. The Tawn would provide staffing for parking the cars in the lot in order to assure parking in appropriate areas. A fee will be charged for vehicles parking in the lot which will open at 7:30 on days it is open. It has not been finalized if the facility will be open everyday or just Fridays through Sundays, the week between Christmas and New Years, Martin Luther King Day, and Presidents Day. The Town will clear the lot of snow as needed and store it on the western edge of the proposed parking area. As a part of the proposal individuals who park in the lot can get to the ski lifts by either bus or a pedestrian walkway which will be kept clear nn the south end of the athletic fields to the point where it intersects the existing sidewalk which leads dawn to the lower bench of Ford Park and eventually to the pedestrian easement through the Manor Vail property. A letter from the applicant is attached which discusses in greater detail the operation of the parking facility (attachment B). Snow stored on site will be directed to an existing grass lined swafe nn the southern end of the athletic fields where it will run towards the Gare Creek for a distance of approximately 500 feet. At three locations along the swale hay bales will hold flows behind the bales to allow far any sediments to drop out prior to entering the stream. There are a total of four new directional signs proposed with this application. Two signs are located on the Frontage Road. Une would state "Parking Entrance 500 Feet" and the other states "Parking Entrance". A third sign would be located at the entrance to the new lot and would inform visitors of rates and regulations. The fourth and final sign is located at the head of the pedestrian way leading from the lot to Golden Peak which would state "To Golden Peak 1500 Feet {0.3 mile)". A reduced copy of the proposed site and grading plan is attached (attachment C}. The construction of the proposed temporary parking facility requires the review of two development applications. The applications include a variance request to construct the parking facility with gravel surface and no landscaping, and a conditional use permit to construct the parking facility on the athletic field under the General Use zone district requirements. The praposed parking lot would gain access off of the west end of the existing parking lot serving the tennis courts located off of the frontage road. The initial notice published in the newspaper and mailed to adjacent property owners included a statement identifying the need to approve a text amendment to the FURD PARK MANAGEMENT Pt.AN - An Amerrriment to the Gerald R. FordlDanovan Park Master Plan in order for the parks%ng facility to be placed within Ford Park. After extensive research an the history ofi the approval of the FQRL? PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/£~onovan Park Master Plan it was found that there was great controversy regarding statements and maps in the draft document which made reference to parking facilities being located in Ford Park such as an underground parking structure. To eliminate the controversy at the April 1, 1997 Council work session members of the Council struck Policy Statement 13 from the document and modified Policy Statement 12. Policy Statement 13 listed Ford Park as a potential location for a future community parking structure should the need arise. Policy Statement 12 was re-written to state, "Adequate parking for the needs of the park are to be provided in the park and at the Village structure." By eliminating Policy Statement 13 and altering Policy Statement 12 the goal of the Council was to require public review of all parking proposals without prohibiting them entirely as is evident of Diana Donovan's request to add parking as an allowable use in Ford Park. Staff believes the conditional use permit review required under the General Use zone district satisfies the intent of the Council approval of the FORD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donavan Park Master Plan. Staff has determined that the proposed text amendment was not necessary and therefore the applicant has withdrawn the text amendment portion of their proposal. ill. BACKGRQUND The property which is today Gerald R. Ford Park was acquired by the Town in 1973 by ©rdinance no. 6 series of 1973 in response to public reaction against a nigh density residential development proposal. It was a 39 acre trac# known as the Antholz Ranch which the residents and Town headers recognized as the last remaining parcel ofi hand central to use by all residents and vishtors. The Gerald R. Ford/Danavan Park Master Plan was adopted in 1985 and helped direct the development of the lower portion of the park. Strong public participation led to the establishment of guidelines for the implementation of future improvements. The first major structure to be constructed in the park, the Gerald R. Ford Amphitheater, was completed in July of 1987. The FORD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/DonQVan Park Master Plan was adopted in 1997 and. serves as an amendment to the original plan which would guide the outcome of future development and improvement proposals. The 1997 amendment provides greater detail on how the park should be developed and designed and fists permitted use and conditional uses which are slightEy more restrictive than those found in the General Use zone district. IV. ROLES OF THE REVIEWING h3C7ARDS Conditional Use Order of Review: Generally, applicafions will be reviewed first by the PEC far acceptability of Use and Then by the DR8 for compliance of proposed buildings and site planning. • Planning and Environmental Commission: Action: The PEC is responsible for final approval/deniaE of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities; schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flaw and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. E=ffect upon the character of the area in which the proposed use is to be {orated, including the scale and bulk of the proposed use in relation to surrounding uses. ~. Such other factors and criteria as the Commission deems applicable to the proposed use, 6. The environmental impact report concerning the proposed use, if an environmental irnpact report is required by Chapter 12 of this Title. Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - CRFA - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Design Review Board: Action: The DRB has NO review authority on a CUP, bu# must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal 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 - Accep#ability of roof elements, eaves, overhangs, and other building forms 4 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 - The design of parks 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 advisees 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. Town Council: Actions of DRB or PEC maybe appealed to the Tawn Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Variance Order of Review: Generalfy, applications wilt be reviewed first by fhe PEC for impacts of fhe proposed variance and then by the DRB far compliance of proposed buildings and site planning. Pianninea and Environmental Commission: Action.' The PEC is responsible for final approvaUdenial of a variance. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable fo the proposed variance.. Design Review Board: Action: The DRB has NO review authority on a variance„ buf musf review any accompanying DRB appGcafion. The DRB is responsible for evaluating the DRB proposal 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 - RemovallPreservation of trees and native vegetation - Adequate provision far snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eavesi overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessary structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technics[ 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 proparky 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: Actions of DRB or PEC may be appealed to the Tawn Council ar by the Town Council, Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE P>ANNIN~G DC3CUMENTS Town of Vail Zaninc~ Reaulatians '12-9 General Use district. (in part) 92-9G-7: PURPOSE,' The genera! use district is intended to provide sites for public and quasi-public uses which, because of (heir specie! characteristics, cannot be appropriately regulated by the development standards prescribed for otlaer zoning districts, and for which development standards especially prescribed for each particular development propose! car protect are necessary to achieve the purposes prescribed in section 12- 9-2 of Phis tiffs and fo provide far the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi- public uses permitted in the district are appropriately lracated and designed to meet the needs of residents and visitors fo Uail, to harmonize with surrounding uses, and, . in the case of buildings and other structures, to ensure adeguafe light, air, open b spaces, and other amenities appropriate to the permitted types of uses. {Ord. 21(1994) § 10) 12-9C-2: PERMITTED USES: The fallowing uses shall be permitted in the GU district: Passive outdoor recreation areas, and open space. Pedestrian and bike pafhs. (Ord, 21(1994) § 1Q) 12-9G3: COND1T10NAL USES: A. Generally: The following conditional uses shall be permitted in fhe GU district, subject fv issuance of a conditional use permit in accordance with the provisions of chapter 1 ~ of this title: Child daycare center. Churches. Equestrian trails. Golf courses. Helipad for emergency and/vr community use. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plant and free nurseries, and assaciafed structures, excluding fhe sale of trees or other nursery products; grown; produced or made on fhe premises. Public and private parks and active aufdoorrecreation areas, facilities and uses. Public and private schools and educational insfifufions. Public and quasi-public indoor community facility. Public buildings and grounds. Public parking facilities and strucfures. Public theaters, meeting rooms and convention facilities. Public taurisf/guest service related facilities. Public transportation terminals. Public utilities installations including transmission lines and appurtenanf equipment. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type 111 employee housing units (EHU) as provided in chapter 73 of this Title. Water and sewage treatment giants. 12-9C-5: DEVELOPMENT STAN,f7ARDS: A. Prescribed By Planning And Environmental Commission: In the general use district; development standards in each of fhe following cafegories shall be as prescribed by fhe planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. ©ensity control. 5. Sife coverage. ~. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Envirc~nmenfal Commission: Developrnenf standards shall be proposed by fhe applicant as a part of a conditional use permit application. 7 Site specific development standards shall then be determined by the planning and environmental commr'ssion during the review of the conditional use request in accordance with the provisions of chapter 18 of this title. (Card. 21 {1994) § 1 C1) 12-9C-fi: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining fo site development standards and the development of land in fhe general use district are found in chapter 14 of this title. (Ord. 21(1994) § 10) 72-78 Conditional lice Permit {in part} 1218-1: PURPOSE; LlM1TATIONS: In order fo provide the flexibility necessary fo achieve the objectives of this title,. specified uses are permitted in certain districts subjecf fo 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 locafed properly with respeef to the purposes of this title and with respeef to their effecfs on surrounding properties. The review process prescribed in this chapter is intended fo assure compatibility and harmonious developmenf between conditional uses and surrounding properties and the town at large, Uses listed as conditional uses in fhe various districts may be permitted subject to such conditions and limitations as the town may prescribe fo ensure that the location and operation of fhe conditional uses will be in accordance wifh development objectives of the town and will not be detrimental to other uses ar properties, Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shah be denied. (Ord. 8(7973) § 18.1 t?0) 72-77 Variances {in part} 12-1 T-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevenf ar to lessen such pracfical diff`r"culties and unnecessary physical hardships inconsistent with fhe objectives of this title as would result from strict or literal interpretation and enforcemenf, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic ar physical conditions on the site or in the immediate vicinity; or from other physical limitations, streef locations or conditions in the immediate vicinity. Cosf or inconvenience to the applicant of strict orlr'teral compliance with a regulation shah not be a reason for granting a variance. 12-17-7: PERMIT APPROVAL AND EFFECT' Approval of the variance shall lapse and become void if a building permit is not obtained and construcfion not commenced and diligently pursued toward completion within two (,~) years from when the approval becomes final. (Ord. 48 (1991) § ~: Ord. 16(1978, § 5(c)J 7 2-17~ 8: RELATED PERMITS AND REQ UlREMEN TS: !n addition fo the conditions which maybe prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subjecf to a!1 other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. !n event of any conflict between fhe provisions of a variance permit and 8 other permit or requirement, the more restrictive provision shall prevail. (Ord. 8,9973) § 9 9.900) Title 14 Development Standards Handbook Chapter 5 Parking Lot and Parking Structure Design Standards For A91 Uses (in part) Surfacing.' All parking areas shall be an improved paved surface Landscaping: Nof less than 90% of the interior surface area of unenclosed off-street parking areas containing 95 or more parking spaces shall be devoted to landscaping. In addition, landscape borders not less than 10 feet in depth shall be provided at all edges of parking lots containing 30 or more parking spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of the same architectural style as the building, in combination with landscaping may be substituted for the landscape border. In developments with cross-access or shared parking facilities, the landscape border between the development shall not be required. FQRD PARK MANAGEMENT PLAN - An Amendment fo the Gerald R. FordlDonovan Park Master Plan (in part) The FORD PARK MANAGEMENT PLAN - An Amendment to the Gerald R. Ford/Donovan Park Master Plan was adopted in 1997 and is intended to serve as an amendment to the original pawn which would guide the outcome of future development and improvement proposals through the implementation of six rna~or goals. 1. Preservation and protection Policy Statement 1: The following uses that are allowed and prohibifed far Ford Park shall fake precedence over Section 12-9 of the Municipal Cade concerning the Genera! Use Zone Districf. Allowed Uses • Park and greenbelt • Bicycle and hiking trails • Children's playground • Outdoor amphitheater • Botanical Gardens • ,Environmental, educational, and historical centers • Picnic areas • Recreation and athletic facilities • Transportation systems and other public utility easements • Parking • Administrative offices Policy Statement 2: New or changed facilities or uses will not be permitted to curtail existing public uses of facilities in the Park unless there is either a compelling public interest or adequate alternative facilities are available to its users. All functions in the Park steal! be maintained and function at a high quality level. 9 Policy Statement 4: Al! proposed development projects shall be reviewed for compliance with Design Criteria and Site Guidelines, as wet! as other Town regulations, and shalt be addi#ionally judged according to the recreational, educational or social benefit they bring fo the community. 2. Reduction of vehicular intrusions 3. Reduction of conflicts between venues 4. Resolution of parking and Frontage Road access problems Objectives: 4.1: Develop and implement a parking management plan for Ford Park. Action Step 4.9.1: Locate a variable message sign between the main roundabout and entrance fo Village Structure for the purpose of Informing drivers that close-in parking at Fard Park Is restricted, at a fee, or full, and parking in the VTC is free and shuttle bus service is available. Acfion Sfep 4.1.2: Schedule shuttle bus service from top deck of the Village Sfructure to Ford Park Frontage Road step for special eventfhigh demand days. Extend in-town shuttle bus service to Ford Park Vail Valley Drive stop. Acfian Step 4.1.3: Designate drop-off parking from Frontage Road using 15 spaces north of bus stop. Enforce 5 minute time limit. Drap-off lane functions as a turn around once !at is filled. Schedule attendants on-site fa manage drop-off spaces and assist users in loading and unloading. Acfion Step ~. ?'. 4: Allocate close-in parking on Frontage Road and Vail Valley Drive through reserve ticket purchases or an a fee basis. Parking attendants on-site to manage entrances and exits. Esfablish a ticket surcharge or parkr`ng fee price schedule which will generate sufficient funds to cover attendant and shuttle bus service costs. Fee parking is to be in effect for high-parking demand days only. Acfion Sfep 4.1.5: Construct Frontage Road sidewalk from the Village Sfructure and improve sign system as necessary to accommodate pedestrian Traffic to Ford Park. Policy Statement 72: Adequate parking for the needs of the park are to be pravlded in the park and of the Village Sfructure.. 4. ~~ Improve vehicular access from the South Frontage Road and improve parking lot design to maximize the number of parking spaces, aesthetics, and safety while mitigating environmental impacts. Action Sfep 4.2.1: Design and construct improvements to the South Frontage Road to meet CDDT requirements for obtaining a state highway access permit. 10 Action Step 4.2. ~: Design and construct improvements to all existing parking areas that maximize the number of parking spaces, provide landscape buffering and treatment of storm water run-off. 5. lmprovernent of pedestrian circulation 6. Delineation of financial responsibilities VI. VII. Section S of the Plan includes 7 illustrative conceptual plans for the design of Ford Park. Illustrative plan Sheet 2: Balifield and Circulation Route Improvements depicts the area of the proposed temporary parking facility. Sheet 2 is attached for reference (attachment D). Vail Village Master Plan The Vail Village Master Pian, adopted January 16, 199Q, addressed Fard Park as a specific study area. The study acknowledged the use of the park in past years to accommodate overflow skier and local parking needs. It recommends that the park be studied further as a site fiar additional skier parking to serve expansion of the eastern side of Vail Mountain. Action Step #~ under Goal #5 states "study the feasibility of an underground (recreation fiields would remain) parking structure in Ford Park." SURRC3UNDING LAND USES AND ZQNING Land Use North: Roadway South: Residential C}pen Space !Residential East Open Space West: Condominiums zoning no zoning High Density Multiple Family and SDD#2 Qutdoar Recreation Primary Secondary ©utdoar Recreation High Density Multiple Family ZONING ANALYSIS Legal Description: Ford Park Zoning: General Use (GU) District Lot Size: 39 acres [n the General Use zone district the Planning and Environmental Commission is granted the authority to determine the appropriate development standards far the following categories. • lot area and site dimensions setbacks • building height • density control 11 site coverage landscaping and site development parking and loading VIII. CRITERIA AND FIIVQINGS FOR REVIEW Conditional Use Permit In order to provide the fiexibility necessary to achieve the objectives of the Zoning Regulations, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual ar special characteristics, conditional uses require review and evaluation sa that they may be located properly with respect to the purposes of this title and with respect to their effects an 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 cond'itionaC use permits shall be denied. • Refute acting on a conditional use permit appiicatian, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use; 1. Relationship and impact of the use an development objectives of the fawn. Staff believes that the proposed temporary parking facility wi11 have a positive impact on the development objectives of the Town. The construction of a temporary parking facility at Ford Park will provide time to work on better solutions to the existing parking problem in the winter while providing a safer aEternatiwe to parking on the Frontage Road. The site is proposed to be restored to full use as a softball field no Later than June 7~', 2004. 2. Effect of the use an light and air, distribution of population, transports#ion facilities, utilities, schools, parks and recreation facilities,. and other public facilities ar~d public facilities needs. Staff believes the proposed temporary parking facility will have a positive impact an the above described criteria. The proposed temporary parking facility will provide a safe opportunity for visitors who parked on the Frontage Road when they arrived to find the parking structures filled. Visitors who park in the lot will have the option of walking across the south end of the fields on a path to be maintained by the Public Works Department or utilize the Town of Vail bus system. 3. Effect upars traffic, with particular reference to congestion, automotive and pedestrian safety anal convenience, traffic flaw and control, access, 12 maneuverability, and removal of snow from the streets and parking areas. Staff believes that the proposed temporary parking facility will have a positive impact on the above criteria. Curren#1y, visitors park on the Frontage Road and in order to park many perform u-turns ar multiple-point turns to find a parking space. This creates a hazardous situation as it is not expected for a vehicle to perform such a maneuver in the middle of the Frontage Road which is a U.S. Highway. Getting the vehicles into a parking lot with one point of ingress and egress provides a much safer solution. 4. Effeet upon the character of the area in which the proposed use is tc~ be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes the proposed project could potentially have some minor negative impacts on the surrounding uses. The proposed temporary parking facility will not have any permanent improvements. However; the site has been solely snow covered in the winter for many years and if approved there would be approximately 2~D3 oars parked in the area. In addition, there are several portable toilets and trash receptacles which will be placed on the site to address the needs of individuals parking in the lot. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: '{. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained 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 eaoh of the applicable provisions of this Title. Variance In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the 6ocation of existing structures thereon; from topographic or physics! conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. The applicant has requested a variance from Title ~4 Chapter 5 of the Qevelapment Standards Handbook, Parking Lot and Parking Structure design Standards For Ali Uses. According to Title 'l4 Chapter 5 13 ~I ~Al1 parking areas shall be an improved surface." Furthermore, it states; "Nat less than 9Q% of the interior surface area of unenclosed off sfreef parking areas containing 15 ar more parking spaces shall 6e devofed to landscaping. !n aridifr`on, landscape barriers not less than 1 Q feet in depth shall be provided at all edges of parking lots containing 30 or mare parking spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of the same architectural style as the building, in combination with landscaping may be subsfituted for the landscape border. fn developmenfs with cross- access ar shared parking facilities, the landscape border between fhe developmenf shall not be required. n The applicant is requesting a variance to allow for up the construction of a gravel surfaced parking facility with no interior landscaping. Section 12-17-6, Criteria and Findings, of the Vail Town Code, prescribes the criteria to be used by the Planning and Environmental Commission when considering a request for a variance. According to Section 12-17-6, Criteria and Findings, • Before acting an a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: 'I. The relationship of the requested variance to other existing or potential uses and str~sc#ures in the vicinity.. Generally speaking, the proposed temporary parking facility will have little to no negative affect on uses and structures in the vicinity. The closest development which can see the site are the Wren Condominiums. Although the surfaced is not an improved paved surface it will be obstructed from view a majority of the time as snow will become packed onto the surface. The lack of landscaping would ga relatively unnoticed in the winter as once again snow coverage will be present a majority of the time period the temporary parking facility is functioning. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation. is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives. of this title without grant of special privilege. Staff believes that the proposed temporary parking facility will be a major benefit to the community in providing a safer experience for visitors. As the site must be returned to a softball field in order to handle the Vail Recreation District programming the parking facility will only be in effect for a maximum ' of 1 Q months with full restoration to occur no latter than June 7, 20Q4. A requirement to install an improved paved surface would be a hardship which would not permit this proposal to work in the short time frame. In addition, ~ i and landscaping required would be hidden from view as the snow will i i 14 accumulate for most of the 10 month period hiding the landscaping. This proposal is unique in that there is a greater public purpose being addressed with this project and staff believes it would not be a grant of special privilege. 3. The effect of the requested variance an light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes the variance request will, have little, if any, negative impacts on the criteria described above. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations an other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or liters! interpretation and enforcement of the specified regulation wauid result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions{ or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. lK. STAFF RECt~MMENDATI©N The Community Development Departmen# recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a variance from Title 14, Chapter ~, Parking Lot and Parking Structure Design. Standards for AU Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at ~8g South Frontage Road East/Ford Park; 1, The applicant shall receive the appropriate CDDT approvals prior to beginning construction of the proposed temporary gravel parking facility. 1~ 2. The condition use permit shall expire on June 7, 2004 at which point the softball field should be restored to full function and usage. In addition, all portable toilets, trash receptacles, and signage shall be removed. 3. The applicant. shall maintain and operate the proposed temparary parking facility at an appropriate level of cleanliness and safety by ensuring snow removal in the lot and on the pedestrian pathway and by regularly cleaning the portable toilets and removing trash. Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the following findings be made as part of the motion: Conditional lJse Permit The planning and environmental commission shall make the fallowing findings before granting a conditional use permit: 9. That the proposed location of fhe temporary parking facility is in accordance with the purposes of the Town of Vail Zoning Regulations and the purposes of the General Use zone district. 2. That the proposed location of the temporary parking facility and the conditions under which it will be operafed and maintained will not be detrimenfal to fhe public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. ~. That fhe temparary parking facility will comply with each of the applicable provisions of the Tawn of Vail Zoning Regulations Variance The planning and environmental commission shall make the following findings before granting a variance: That fhe granting of the parking lot surface and landscape variance will not constitute a granf of special privilege inconsistent with the limitations on other properties in the General Use zone district as the applicant 1s proposing compliance with fhe applicable elements of the Town's planning documents. 2. That the granting of fhe parking lot surface and landscape variance will not be defrimental to the public health, safety, or welfare, or materially injurious to properties or improvemerlfs in fhe vicinity. 3. That the variance is warranted for the following reason: The strict or literal interpretation and enforcement of the parking lot surface and fandscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the General 16 Use zone district given fhe amount of hardscape area required an the development site fc comply with fhe applicable planning documents of the Town of Vail. VM. ATTACH14i'IENTS A. Vicinity Map B. August 29, 2x03, lever from the applicant C. Reduced copy of proposed plans Q. Map from FdRD PARK MANAGEMENT PLAN - An Amendment fo the Gerald R. Ford/Donavan Park Master Plan: Sheet 2: BaElfield and Circulation Route Improvements E. Public notice • 17 ~~WN OF PAIL Department of Pu61ic Works & Transportation 1309 Efkharn Drive Yail, Colorado 81 ~S7 970-479-158 Fax: 970-479-21 G6 ww~w, ci. vail. co, us Mr, Warren Campbell Planner li Town of Vail 95 S Frontage 1Zoad Vail CO 81657 August 29, 2QQ3 Re: Ford Park Temporary Parking Plan Ijear Warren This letter is to address the issues outlined in your feller of August 2D, 2003. The ToGVn is irr the process of obtaining a survey of the area in question from Peak Land Consultants. This survey should be delivered hopefully the week of September 1, ?003. r1 revised grading. plan has been submitted. The Snow management plan was for the Town to haul snow to the Town's Snow Dump when the snow storage area tills beyond its capacity- The water quality pond has been moved to correspond to an existing depression near the outfall pipC for Fork Park. This is spawn an the revised grading plan. This allows any runoff to flaw in a drainage Swale far a considerahle length which alsa acts as a best management practice water quality conri•al feature. At the autfall hay bales will be placed as well a low flow diversion system. 'Phis will halal flows behind the pipe to allow sediments to drop out prior to entering the stream. The lot is planned to be used on the peak days of the ski season, Friday, Saturday and Sundays, the week between Xmas and New Years along with Martin [.usher King Day and Presidents Day. The lot will be a slight discount over the rates char4ed in the structure. The exact price has yet to be set by the Vail Town CaunciC. T}ais is a total of GG days. The current situation over the last three years the Frontage Road was used far parking 66 to this last year 3~ times during these GG days. The lot an overflow days will be taking cars currently parking on the frontage road across from Ford Park and have they parked in the new temporary lot, The hours of operation will begin at 7:30 AM. It is anticipated the lot will be over half full by the peak hour of traffic aperatian of 9:30-1 Q:30 AM, The direction of flow vviil be 80°fo from the west and 20 °r'o from the east. This results in a peak flow of 75 cars 1;13 and 20 cars W$ during the peak hour, Currently these vehicles are performing a l1-Turn/mufti point turn oft the frontage road to reach the spaces on the north stde. The new turrt will be a right hand turn which is much sa#er. We have contacted CDOT and they agree removing vehicles from the Frontage Road is a safer situation. Operation of the lot will occur at the end of the west end of the west end of the fat this allows up to 20Q' of two lanes of stack o1T of the roadway. The time of a transaction is 30 seconds on average. We will have the capacity to process 24© cars in one hour. During the peak of the peak days; the 1 ~ busiest days, the Town has parking personnel to direct traffic if issues arise. Attaehrnent: B ~~ R,~'~YCLE6PAPER The current Ford Park bus service will remain in effect during. operation of the lot. This service can be supplemented by the East Vail Route if the need arises. The distance to the Gold Feak lifts or the Town Transportation Center are served by sidewalks and a short walk.. The extent of the traffic management study is stated above, The Town standard for traffic impacts is for designing a system for the 15th busiest day, last Years I5'h busiest day had 390 cars on the frontage road, This volume of cars parked from the east end of Ford Park to t11e Vai] Resorts Maintenance shop. 'T'he cars are already on the roadway system, We are just redirecting them from the Frontage Road to Ford Park. We anticipate beyond the 35 days the lot will be full, there will be another 10-15 days we wi11 take traffic currently parked in the Village structure and park at the 13a1] Held lot, the remaining days will sec less than S0 % occupancy. C)peration of the intersection of Biue Cow Chute will operate the same as the volume currently passes through this, The local road of Vai] Valley ]give has the right of way and will see no impact. The operation of the entrance of Ford Park will operated and lOS B in the morning for vehicles entering and LpS C in the afternoon for vehicles exiting. The Frontage Road operation will improve with the removing the U Tum/multi point turns. if you should have any questions please don`t hesitate to contact me at 479-2164 Sincerely, g Hall, P Director o ublic Works.lTransportation • ~~ ~JNlab'~J ~[~~` ~flOAb''1 = o P T` o=~ i i .Q Novial~o~srraal s~ao.~ ~I~~nd ~0 1N3w1dad~c ~ - - I ~~ - _ --- --- ' - E`•, i f r, = - I ! 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I CC+ t ~n ~ b_ C LL] C w V i i i ~ ~ i i ~ r°--__'_ i i , i i ~ ~ ~ i ~ ~ i ~ ~ r ~ r ~ "-----' "'~"°"---1°"' -""'1°"-"" ,~ o o~ C ~ C ~~ i N w y G' R ~ ~ _ ~ ;~ h s ~ ~ K o a iii a ~ QZ~ ~ aw ^~ r ~ ~ ~' '~ Q4 a #~ ~ Q 4 ~, ~ I C +lF~ .~ .c c ~ ~- ~ v a Gl V a 4 ~ Z ~ v t <' i^~,. ti? i i _~_ a ~~ ~ ~ - -L~ ~~ ~ a a ~ boa a E ~Sa a ~ ~ ~ - ~ z~~ ~ ~~ ~~ ~ ~ ~~ v j ~ ~, ~ ~c i w~ [' I .~.~ ~, ~~ ~ ~, ~~ `x - 1 Attachment: D y~v- ~i / , ~- i ~,, t, t J ~ o~ J ~"' ~~ aQ w~ ~a O z'.' Up • • 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 September 8, 2fl03, at 2:00 P.M. in the Town of Vail Municipal Building. Inconsideration of: A request for a variance from Section 12-14-t 7, Setback from Watercourse, Vail Town Code, to allow for a residential addition in the Gore Creek setback, located at 4444 Streamside Circle /Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisio, represented by Jahn Perkins. Planner: Allison Ochs A request for a recommendation to the Vail Town Council of a proposed amendment to the FQRD PARK MANAGFMENTPLAN - An Amendment to the Gerald R. Ford/Qanovan Park Master Pfan, to allow for the construction of a public parking facility and structure, a request for a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, to allow far a deviation from the minimum landscape area requirement and fo construct an unpaved, gravel parking surface, and a request for a conditional use permit to allow the construction of a public parking facility and structure atop the athletic fields at the Gerald R. Ford Park, located at 5$0 South Frontage Road 1=astlFord Park Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell A request for a variance from Section 12-6D-10, Landscaping and Site Development, Vail Town Code, to allow far the construction of a new primaryJsecondary residence, located at 2319 Chamonix Rd. l Lot 9, Block A, Vai] Das Schone Filing 1. Applicant: Brian Reske Planner: Allison Ochs A request for a variance from Section 12-6D-6, Setbacks, Vaii Town Code, to allow for the modification and enlargement of an existing deck, located at 3120 Booth Falls Court/Lot 7, Block 2, Vail Village 12`h Filing. Applicant: Halide Gazioglu, represented by Sheppard Resources Planner: Matt Gennett A request for review of a minor subdivision, which resubdivides part of Lats L and I<, Block 5E, Vail Village First Filing, to create Lots 1 and 2, Block 5E, Vail Village First Filing, resulting in the Sonnenalp and Swiss Chalet on separate parcels. Applicant: Sonnenalp Properties,. represented by Braun and Associates Planner: Warren Campbell The applications and information about these proposals are available far 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 Deparkment office and the site visits that precede the public hearing. Please call (970) 479-2198 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 Vai9 Daily on August 22, 2003. Attachrne~~t: E 1 ~. ~_. , ,. T0~,1' OF 4~1fL ~' OGILBY, T. CHARLES -NEWTON, PETER M., MARTIN J. & DINAH-ETAL WREN AS50C Ci0 APPOLLO PARK Sfl4 S FRONTAGE RD E 8547 E ARAPAHOS RD 1542 VAIL, CO $1657 GREENWOOD VILLAGE, CO r ' '~J 80l lZ-136 `'7 I~-~~~~ TOG~'N OF VAIL C?O Fl~NANCb DEPT 75 S FRONTAGE RD VAIL, CO 81657 PINOS DEL NORTE APARTAMENTO ~t~, C., L, e, r, r, r, ~- ~~ ~~~N BOX 69 vAIL, CO s165s ~~f ~~~ THAIN, JOHN A. ~ CARMEN M. 350 PURCHASE 5T RYE, NY 10580 U1110~' ~ ~.i Q~GIa ~S~ t ~i~/t cla ~~©~~ -~ ~C~.C~~` try ~G~~, Ca ~~~~~ ~` ~~ - ~~L~ ~1 ~~ QCrC'~~ion ~,Sfci~-~' G,~D ~ t r~ f.'~D ~ y ~i- ~fml ACKERM.4N, DON E. 2311 WALDEN CENTER DR EONITA SPRINGS, FL 34134 VNORTHWOODS CONDQMINIUM ASSOC PO 13OX 1231 VAIL, CO 8165& • ~1: MEIVIORANDUM TO: Planning and Environmental Gornmission FRAM: Community Devebpment Department DATE: September 8, 2Q03 SUBJECT: A request far a final review of a subdivision of the Katsos Ranch property (unplatted}, pursuant to Title 13, Subdivision Regulations, Vail Town Code; a conditional use permit, pursuant to Section 12-88-3: Conditional Uses, Vail Town Code, to allow for the construction of a cemetery; and a final recommendation to the Vail Town Council of a proposed rezoning of the property from Natural Area Preservation District to Outdoor Recreation District, located an an unplatted parcel of land located on in the southeast quarter of Section 2, Township 5 South, Range 8{} West of the 5~h' Principal Meridian (proposed as Lot 1, Katsos Ranch Subdivision), and setting forth details in regards thereto. (A complete metes and bounds description is on file at the Community Development Department}. Applicant: Vail Memorial Park Foundation, represented by Sherry Darward Planner: Russell Forrest I. SUMMARY The Vail Memorial Park Foundation has submitted three applications to create a memorial park on an 11.13 acre portion of the Katsos Ranch Park identified in the proposed minor subdivision as Lot 1, Katsos Ranch Minor Subdivision. This 156 acre parcel was purchased as open space by the Town of Vail in 1977 and is located just south of the East Vail exit from Interstate 70. The applicant is requesting apprvva9 on a minor subdivision, rezoning to Outdoor Recreation, and a conditional use permit far a cemetery. The purpose statement of the Vail Memorial Park is: "7he Vail Memorial Park wrli serve to celebrate, remember and honor the !rues of the marry people who have helped to define Vail fhrough their experiences and contributions. By paying tribute to These diverse individuals, we will strengthen our sense of community, build upon our hrsfory and connect with others who share a spiritual passion and love for Vail." This park involves the creation of a crusher fine walking path, rock memorial walls, arched entry gate, memorial rocks, and stone benches. No structures or lighting are proposed as part. of this application. Staff is recommending approval of these three applications in that this application is consistent with the criteria and findings identified in section IX of this memorandum. The applicant has provided responses to the Planning and Environmental Commission's issues identified at the August 25th meeting (Attachment F). II. DESCRIPTIQN OF RE4lJEST The Vail Memorial Park Foundation is requesting the following: 1. Approval of a minor subdivision to plat and subdivide the unplatted 156 acre Katsos Ranch property. This subdivision would result in an 11.13 acre property for the Vail Memorial Park or Lat 1, Katsos Ranch Minor Subdivision. It would also create Tract A, Katsos Ranch Subdivision which would total 145.6 acres 2. Recommendation of approval to the Town Council for a rezoning of Lot 1, Katsos Ranch Minor Subdivision (the 11.13 acre Vail Memorial Park) from Natural Area Preservation to the Outdoor Recreation zone district 3. Approval of a conditional use permit for a cemetery which is a conditional use in the Outdoor Recreation zone district. The specific components of the proposal include: • A double track access gravel path (approximately 4Q0 feet long in phase I) that connects the existing Katsos Ranch recreational trail to the memorial park. This path would also provide access far the park and Eagle River Water and Sanitation District maintenance vehicles. • A 3 foot wide (250 feet long in phase 1) trail around Phase 1 (All paths are a crusher fine trail). • Six memorial boulder walls benched into the natural topography at the toe of the slopes on the south side of the site far all 3 phases. Phase 1 will include two 50 foat long walls. All walls are less than 4 feet tall. • Natural stones for memorial engravings. • Memorial trees (Lodgepole and Blue Spruce} if irrigation can be provided to the site with the cooperation of the Eagle River Water and Sanitation district.. Arched entrance sign to the memorial off of the existing Katsos Ranch Trail south of the pedestrian bridge. • Burial and scattering of cremated human ashes. Casket burials will not be allowed on this site. • The memorial park is proposed to be constructed in four phases as shown on the attached site plan (Attachment E). Phase 1 is intended to last for 10-20 years depending on demand. III. BACKGROUND In 1993, an exhaustive study was done to identify a site for a cemetery in the Town of Vail. Over 10 alternative sites were evaluated for land use, ownership, and environmental considerations. After a detailed study of the alternatives, the upper bench of Donovan Park was chosen as a preferred alternative. A design was developed and approved by the Tawn of Vail which included casket burials. This project was taken to the Vail voters in 1994 and was defeated. In X001, a renewed effort in memorializing deceased Vail locals again became an interest. A committee was established to identify a preferred location and develop a plan fore a memorial park. The committee established three major criteria for site selection: • Minimum 5 acres in size • Pedestrian and vehicular access • blot located directly adjacent to residential areas, After screening far those criteria, the fallowing alternative sites were further reviewed. 1. Katsos Ranch 2. Spraddle Creek Trail Head 3. Streamwall< between the Covered Bridge and Fard Park Given the criteria mentioned above the preferred alternative was Katsos Ranch in that it was the furthest location from any residential area, had the appropriate size, and had good access. It also was the quietest reflective space of the three alternatives. The Vail Town Council has reviewed the proposed design for the park and has voted to allow the Vail Memorial Park Foundation to apply for this use on Town land. On August 20, 2003 the Qesign Review Board reviewed the project and voted 3-0 to direct staff to "staff" approve the project after all applicable Planning and Environmental Commission approvals have occurred. IV. Plannina and 9En~iranmental Commission DISCUSIGN ITEhAS FROM THE AUGUST 25, 2003 MEETING The following are discussion items far this topic: A. Intensity of Use: The Planning and Environmental Commission was concerned about the intensity of use on the site. The primary concerns related to this issue were conflicts on the recreational trail and parking. The Planning and Environmental Commission was also concerned about the conflicts in the Environmental Impact Report (EIR) on phasing capacity and comments made by 3 the applicant on capacity. The EIR has been updated with the latest information on phasing, wetlands, and floodplain information. The applicant has provided responses to these issues in the attached letter (Attachment F). B. Parking: Parking for memorial services can be accommodated to a limited extent at the trail-head parking area for the Katsos Ranch Trail. Eighteen parking spaces are provided at this location. However, staff believes that there is inadequate parking for groups larger than 3d people. Staff believes that the applicant should require larger services to park at remote locations and to provide a shuttle service to the site. The applicant is proposing to require a shuttle service for groups over 25 people. Furthermore, additional no parking signs may be needed along the Frontage Road. C. Recreation Path: Staff believes there could be some limited conflicts on the recreation path when a large memorial service is occurring, To avoid conflicts with bicycles on the path, staff would suggest that a temporary sign on the existing recreation trail be placed to the west of the memorial park and at the bridge to indicate when memorial service is occurring and far bicyclis# to dismount during memorial services. The sign would be placed on the trail during memorial events. D. Wetlands: The Vail Memorial Foundation has been working with the Eagle River Water and Sanitation District (ERUVSD) to enhance the existing wetlands on the site. Wetlands have been mapped and are identified in the wetlands study in the Environmental Impact Report {Attachment D}. As part of its approved 1993 plan to enlarge Black Lakes, ERWSD identified the Katsos Ranch property as a wetland mitigation site and committed to restoring 6 acres of wetlands on the site of which 3.5 acres are within the proposed boundaries of the Memorial Park. Although ERWSD has not yet been fully successful in re-establishing wetlands an the property, the designated mitigation sites fall under Army Corps of Engineers jurisdiction and Vail Memorial Park is obligated to avoid impacts in those areas as well {or apply fora 404 permit). Although the mitigation areas have not been surveyed and mapped, ERWSD consultants have flagged the edges of the mitigation site adjacent to Vai! Memorial Park's first phase. The only potential conflict is the swale directly north of the primary development areas in phases 1-4, which is included in the mitigation area. The Army Corps of Engineers has informed the Town of Vail, the Vail Memorial Park Foundation, and ERWSD that spanning this swale with bridges or boardwalks would not impact the District's mitigation plan and would not require a permit. {Attachment F) Development of paths in phases 2-4 may require wetland permits, depending upon the long-term success of wetland restoration in the eastern portion of the Vail Memorial Park site.. E. Floodplain: Staff acknowledged the need to verify the floodplain location at the last Planning and Environmental Commission meeting. Since the Planning and Environmental Commission reviewed the floodplain delineation on the site survey, Town staff has investigated further and has found that the 100~year floodplain savers a greater area than was previously identified (Attachment E). Section 12- 21-10 of the Tawn Code establishes relevant guidelines: • A. No structure shall be built in any flood hazard zone or red avalanche hazard area. Na structure shall be built an a slope of forty percent (4t?/,I or greater except in Single-Family Residential, Two-Family Residential, ar Two- Family Primary/Secondary Residential Zone Districts. The term "structure" as used in this Section does not include recreational structures that are intended far seasonal use, not including residential use. E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, fa submit for review an environments! impact statement in accordance with Chaoter 12 of this Title, to establish that the work wil! not adversely affect adjacenf properties, ar increase the quantify or velocity of flood wafers. (Ord. 7&(9983 § 1; Qrd. 12(1978) § 4) After reviewing the floodplain maps, the proposed concept plan, and the above mentioned regulations, an Engineer with Peak Land Surveying has concluded that the proposed project complies with the Town's hazard regulations (see letter in attachment F). No structures are proposed anywhere on the VMP site as part of this application, and no grading is proposed that would increase the "quantity ar velocity of flood waters." LE F THE REVIE WING BOARDS A, Minor Subdivision As per section 13-4-2 C of the Town Code the Planning and Environmental Commission is the final decision making body on a Minor Subdivision. Any final decision of the Planning and Environmental Commission can be appealed to the Town Council. B. Rezoning Town Council: The Town Council is the final decision making authority for a rezoning or a text amendment. Final actions of Design Review Board or Planning and Environmental Gommission maybe appealed to the Town Council or by the Tawn Council Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town council must utilize the criteria and findings identified in section VI of this memorandum. Plannina and Environmental Gommission: The Planning and Environmental Commission is responsible for applying the criteria in section VI of this memorandum and making a recommendation to the Town Council on a rezoning. C. Conditional Use Permit. fCUP~ Planning and Environmental Gommission: Action: The Planning and Environmental Commission is responsible for final approvaUdenial ofi CUP. The Planning and Environmental Commission will make recommendations to the Town Council on rezoning land, text amendments, and modification ofi hazard designations. The Planning and Environmental Commission is responsible for evaluating a proposal for: Relationship and impact of the use on development objectives of the Town. 2. Effect of the use an light and air, distribution of population, transportation. facilities, utilities, schools, parks and recreation facilities, and other public facilities and public #acilities 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. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title, Desion Review Board: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board proposal far; • 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 farms • 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 • The design of partcs • VI. APPPLICABLE PLANNING DGCUMENTS A. Town of Vail Zoning Regulations Section 12-8C Natural Preservation {NAP) District The current zoning of the proposed Memorial Parr site is Natural Area Preservation. The purpose statement for the Natural Area Preservation District is: Section 12-SC-1: The Natural Area Preservation Ilistrict is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be profecfed from encroachment by any building or other improvement, other than those listed in Section 1 ~-8C-2 of this Article. The Natural Area Preservation Districf is intended to ensure That designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development acrd preserving open space. The Natural Area Preservation District includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the Town's tourist economy. The intent sha11 not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. (Ord. 29 (1994) § 1 a) Section 12-8B Outdoor Recreation {pR) District The applicant is proposing to rezone Lot 1, Katsos Ranch Minor Subdivision to Outdoor Recreation. The purpose Statement for the Outdoor Recreation Zone District is: Section 12-86-1: °The outdoor recreation district is intended to preserve undeveloped or open space Sands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. (Ord. 21(1994} § 9}" B. Town of Vail Comprehensive Land Use Plan The Gamprehensive Land Use Plan designation for Katsos Ranch Park is Open Space. This Land use category is defined as: "Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides 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 pem~itted 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. " Specific goals in the Comprehensive Land Use Plan that relate to this use include: 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 6.1 Services should keep pace with increased growth. The plan also specifically discusses Katsos Ranch and states the following: "This parcel of land has been fhe subject of much community -wide discussions since its purchase by the Town of Vail in 1977. The tract contains 146 acres (current survey shows area at 156 acres) and lies immediately easf of the Vail Golf course and south of Gore Creek. A Study was prepared in 7978 to examine the impacts of alternative development scenarios for the property. The alternatives ranged from a "do nothing" or "no development" scenario to the construction of an executive style golf course. The sfudy concluded that a moderate level of development !s the most desirable for the life. This Ieve! of development would include a bike trail, running frail, cross country skiing trails, and picnic areas. Many o these improvements have been constructed and are used by area residents and tourists alike. Based on this expression it is assumed that passive open space is the acceptable and appropriate use for the parcel. " C. Tov~rn of Vail Comprehensive (?pen Lands Flan The Comprehensive {Jpen Lands Plan does identify Katsos Ranch Park as a sensitive natural area as defined by the Natural Heritage Program. No specific actions or management recommendations are made for this specific parcel other than the creation of a south trail to the south of this parcel and on US Forest Service Land. After a US Forest Service review of a specific trail alignment, the Forest Service concluded that there would be significant challenges to approving this trail with Lynx habit in close proximity to this proposed trail. Vli. ZONING ANALYSIS Legal Description: Lot 1, Katsos Ranch Minor Subdivision Zoning: {current} Na#ural Area Preservation District Zoning: {proposed} Outdoor Recreation District {QR} Land Use Designation: open Space Lot Size: 11.13 acres development Standard lOR) Allowed Proposed Parking: As per Chapter 10 18 Available Lot Area: Not applicable Setbacks: 20' from all property lines 440' from nearest • Height: Density Site Coverage 21' flatl24' sloped property line No buildings Not applicable 5°/a ©% {no buildings} VIII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: I-70 ROW & Residential Right of Way & Primary Secondary South: US Forest Service No Zoning East: Residential Primary Secondary West: Golf Course Outdoor Recreation IX. REVIEW DRITERIA AND FINDINGS A. Minor Sugdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. • 1. The first set of criteria to be considered by the Punning and Enviranmenta[ Commission for a Minor Subdivision application is; Lot Area: There is na minimum lot area for the Outdoor Recreation District. The proposed lot size is 11.13 acres. Frantaae: There is na minimum frontage area for the Outdoor Recreation District. Dimension: There are no minimum dimensions far the Outdoor Recreation District. The proposed lot size for the Memorial Park is 11.13 acres. The remaining area identified as Trac# A, Katsos Ranch Minor Subdivision is 145.6 acres. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: r. "The burden of proof shall rest with fhe applicant to show that the application rs in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and otherpertinent regulations that the Planning and Environmental Commission deems applicable.... The Planning and ~nvironmenta! Commission shall review the application grad consider its appropriateness in regard to Town policies relating to subdivision control, densities prvpr~sed, regulations, ordinances and resolutions and other applicable documents, environmerata! integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the lawn. „ The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the heal#h, safety and welfare of the community. The subdivision purpose statements from 13-1-2 {C) are as follows: 1. "To inform each subdivider of the standards and criteria by which development proposals will be evaluated and #o provide information as to the type and extent of improvements required." Staff believes that this proposal meets the standards and criteria for a minor subdisvision in the Town of Vail and that the plans provide clear information on the extent of the development. Furthermore no new commercial or residential development will result from this subdivision and the proposed used is consistent with the natural setting of Katsos Ranch. 2. "To provide for the subdivision of property in the future without conflict with development on adjacent land." No land use conflicts are anticipated. The proposed site design is intended to blend into the natural landscape of Katsos Ranch Park and is over 1000 feet from adjacent residential property. The eastern portion of the site will be maintained and even enhanced as wetlands. 3. "To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land." This proposal preserves the natural integrity of the land. No buildings are proposed for this project. No significant environmental impacts are anticipated. The applicant is working with the Eagle River and Water District to enhance the wetlands area on the site. The first phase of the Vail Memorial Park has no impacts on either existing wetlands or the proposed creation of wetlands by the ERWSD (See Attachment A for letter from ERWSD in applicant response to Planning and Environmental Commission issues}. Future phases may require Corps of Engineers approval based on whether new wetlands are created an the site as planned. In evaluating the design of the Vail Memorial Park, no negative impacts are anticipated in terms of the value of adjacent properties. 4. "To ensure that subdivision of property is in compliance with the Town's coning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives." Staff believes that this project is designed in harmony with the natural setting of Katsos Ranch and does not create any environmental impacts or impediments to the recreational uses of Katsos Ranch. The applicant ~o will need to provide notice on the recreational trail to trail users during . memorial events to avoid conflicts. However, staff believes that trail conflicts can be mitigated with sgnage considering the anticipated number of memaria! events per year. 5. "To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision." The creation of the Vail Memorial Park will be a critical community asset. It will not have any significant impact on public infrastructure. 6. "To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures."' A proposed plat has been provided with the application that is consistent with the requirements identified in Title 13, Chapter 4 of the Vail Town Code. i. "To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land." An Environmental Impact Report has been prepared for this project. No significant impacts are anticipated. The major mitigation of impacts involves the strict regulation of parking at the site far groups over 25 people. Working cooperatively with the ERWSD it is possible to expand wetlands on the site beyond what currently exists. Phase 1 of the project will not conflict with any proposed wetland creation on the site. Also future phases should be reviewed by the Corps of Engineers to avoid conflicts once the precise boundaries of new wetlands are delineated as the result of this partnership. B. Rezoning '1 ~ The extent to which the zone distric# amendment is consistent with all the applicable elements of the adopted goals, objectives anal policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. The Comprehensive Land Use Plan identified Katsas Ranch as Open Space. The Open Lands Plan also identifies KatSas Ranch as sensitive natural area. The proposed rezoning to Outdoor Recreation with the proposed Vail Memorial Park Plan is still consistent with the Town's comprehensive plans and • development objectives. The proposed plan protects the natural integrity of the Katsos Ranch Park. 2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. The proposed land use will not impact adjacent property owners. The closest home is over 1000 feet away from the Vail Memorial Park and is screened by vegetation. The proposed design of the Vail Memorial Park compliments the natural landscape and avoids impacts to existing wetlands. In fact, there is now the opportunity to enhance the existing wetland area on Katsos Ranch through a partnership with the ERWSD. 3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed design is intended tv blend into to the natural landscape.. There should be no significant interference to the existing recreational path on Katsos Ranch given the number of times memorial events are anticipated within a calendar year. Staff has provided recommended conditions of approval for the Conditional Use Permit in section X of this memorandum to reduce conflicts on the recreational path. Furthermore, staff would recommend that the conditional use permit for the Vail Memorial Park be reviewed within 1 year of approval to evaluate any unanticipated impacts. 4) The extent to which the zone district. amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. A memorial park, as proposed, is an important component to the life cycle of a community. The park. is intended to celebrate and memorialise individuals that have contributed to the Vail community. The proposed zoning of Outdoor Recreation is one of the three Open Space Zone Districts. The Comprehensive Land Use Plan identifies this site as Open Space and states that Katsos Ranch is "appropriate for passive outdoor recreation.° The uses in the OR zone District are controlled through a conditional use permit. 5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. 12 No building or structures are proposed as part of the Vail Memorial Park, No significant site disturbance is anticipated other than the creation of paths to the proposed memorial areas. The proposed park avoids impacting existing wetlands. Infect, there is the opportunity to expand wetland area on the eastern portion of the site through a partnership with the ERINSD, An Environmental Impact Report has been prepared and no other significant impacts are anticipated. 6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Cemeteries are a conditional use in the outdoor Recreation Zone Qistrict. The proposed natural design of the Vail Memorial Park is consistent wi#h the purpose statement within the Natural Area Preservation Zone District. The presence of a memorial park on the site will help ensure the site remains as open space in perpetuity. 7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. fibs community has the need for a memorial park. This has been well documented since the last effort in 1993. Conditions on Katsos Ranch have not changed. It is still a beautiful meadow bordered by lodgepole pine to the south and Gore Creek on the North. The proposed design of the Vail Memorial Park is intended to blend in with the natural environment of the site. S) Such other factors and criteria as the Commission andlor Council deem applicable to the proposed rezoning. C. Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. The proposed design of the Vail Merorial Park is consistent with the natural setting of Katsos Ranch. It will maintain the environmental integrity of the site and potentially even enhance the wetland areas with Katsos Ranch. The Town Council has stated that the creation of a memorial park is a valid objective of the Town of Vail. The proposed design achieves that objective in a way that compliments the natural character of Katsos Ranch Park. 2. The effect of the use on light and air, distribution of population, transportation #acilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 13 No buildings are proposed as part of this project which will impact light and air. A memorial park is a needed community facility. The only detrimenta8 impact is potentially parking for large memorial services. Staff believes this impact can be mitigated by requiring all memorial groups over 25 to utilize buses or shuttles to the park from either from the Vail Chapel or the Tawn's parking structure (in the summer and shoulder seasons}. Staff recommends reviewing the conditional use permit after 1 year to ensure that circulation on Bigham Road and the Katsos Ranch recreational trail are not adversely impacted. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flaw and control, access, maneuverability, and removal of snow from the street and parking areas. Staff has analyzed the project intensity of use of the Vail Memorial Park. The 1993 Donovan Park cemetery study anticipated 24 memorial services {which included casket burials} within a year. Staff contacted the County Coroner and Eagle Gounty on average has 60-70 deaths per year. Nationally approximately 50% of all deaths result in cremation. With the proposed conditions of approval to prevent Frontage Road parking and the Foundations interest in limiting large memorial services an the site, staff does not believe there will be any significant circulation impacts. However, it is difficult to anticipate the nature of impacts with this type of use and staff would recommend that the conditional use permit be reviewed in 1 year's time. 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. No buildings are proposed as part of this application. X. STAFF R~ECUMMENDA,TION A, Minor Subdiivision The Community Development Department recommends that the Planning and Environmental Commission approves a minor subdivision, pursuant to Chapter 4, Title 13, Subdivision Regulations, Vail Town Gode, to allow for the platting of Katsos Ranch Minor Subdivison, A part of Section 2 and 3, Township b South Range 80 West of the Sixth Principal meridian into Tract A {Area of Katsos Ranch Park excluding the Vail Memorial Park} and Lot 1 (Vail Memorial Park Site) Katsos Ranch Minor Subdivision, Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "The Planning and Environmental Commission approves of the proposed minor subdivision and finds that the minor subdivision application is appropriate in regard fo Town policies relating fo subdivision control, densities proposed, regulations, ordinances and resolutions and ofher applicable documents, environmental integrity and compatibilify with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. Specifically, the Commission finds that the minor subdivision resolves allows the proper 14 identification and platting of fhe Town of Vails largest property and the ability to delineate the Vail Memorial Park. B. Amendment to the Official Zoning Map of the Town of Vail The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Ufficial Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Z©ning Regulations, Vail Town Code, to rezone Lot 1 of Katsos Ranch Minor Subdivision. Staff's recommendations are based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 7. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vai! Comprehensive Plan and compatible with the development objectives of the Town; and 2. That fhe amendment is compatible with and suitable to adjacent uses and appropriate for the sun'ounding areas; 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 residentr'al community of the highest quality. " C. Conditional Use hermit The Community Development ©epartment recommends approval for a conditions! use permit, pursuant to Section 12-9B~3, Conditional Uses; Vail Town Code, to allow for a Cemetery and memorial park on Lot 7, Katsos Ranch Subdivision. Staff s recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented, subject to the following findings: 7. That the proposed location of the use is in accordance with the purposes of fhe conditional use permit section of the zoning code and the purposes of fhe Parking (P) 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 wii! comply with each of the applicable provisions of the conditional use permit section of the zoning code. 15 Should the Planning and Environmental Commission choose to approve or forward a recommendation of approval of the applicant's to the Vail Town Council, staff recommends that the Commission makes the fallowing conditions a part of the approval: 1. All future phases {2-4} of the Vail Memorial Park must be reviewed by the US Army Corps of Engineers prior to construction as appropriate. 2. The Eagle River Water and Sanitation District has taken responsibility for the review ofi a raised boardwalk. to span the 24-25 foot wide Swale into phase 1. The proposed raised boardwalk will require review by the Army Carps of Engineers and the Town of Vail Design review Board. A Design Review application shall be submitted by Eagle River Water and Sanitation District far review and approval of the Design Review Board prior to construction.. 3. The applicant shall submit a Design Review application for review and approval by the Design Review Board for all site disturbance and any future phases (phases 2-4} prior to the construction of any future phases. 4. The appiicant shall require a!I groups over 25 people to use a shuttle system to the site. The appiicant shall obtain the owners approval for the use of any remote parking used for inurnment services. 5. The appiicant shall provide signage during memorial events to clearly indicate that a memorial service is in progress and that cyclists should use caution. These signs should be located at the east trail head to Katsos Ranch and 54 feet to the west of the Vail Memorial Park entrance an the Katsos Ranch recreational trail. fi. The applicant shall pay for additional no parking signs along the Frontage Road at the Katsos Ranch Trailhead at specific locations approved by the Public Works Department. 7. The applicant shall receive approval far a staging plan from the Town of Vail prior to construction being initiated on the Vail Memorial Park. 8. The applicant shall return to the Planning and Environmental Commission in one years time from the date of appraval so that the Conditional Use Permit can be reviewed to evaluate the impacts on circulation along the Frontage Road and to the use of the recreational trail. 9. The applicant shall notify the Planning and Environmental Commission of any Design Review Board application for future phases so that the Commission can have the opportunity to review the existing conditions of Conditional Use Permit approval in light of a specific plan far a future phase. 14_ There shall be no maintenance, snow plowing, or inscriptions of memorial signs in the Vail Memorial Park between December 1St and May 1St 11. The operation and maintenance of the Vail Memorial Park shall not inhibit the public use of Lot 1, Katsos Ranch Minor Subdivision far currently existing passive recreational uses. 16 XI. Attachmen#s: A. Public Notice B. Vicinity Map C. Application Letter D. EIR E. Design Plans F. Metter from Applicant responding to comments from the August 25~' meeting • 17 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 8, 2D03 SUBJECT: A request far a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Tawn 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 PrimarylSecondary Residential {PS), Residential Cluster (RC}, Low Density Multiple-Family (COME}, Medium Density Multiple-Family (NOME), High Density Multiple-Family (HOME), and Housing {H} zone districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et,al. Planner: Bill Gibson SUMMARY The applicants, Vicki Pearson, et.al., are requesting text amendments to Title 12, Zaning Regulations, Vail Town Code, to amend the existing Gross Residential Floor Area {GRFA} regulations within Vail's residential zone districts. Based upon staff's review of the criteria in Section VI of this memorandum, the Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council of the proposed text amendments, subject to the findings Hated in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Vicki Pearson, et.al., are proposing 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 PrimarylSecondary Residential (PS}, Residential Cluster (RC}, Low Density Multiple-Family (LONE), Medium Density Multiple-Family {NOME), High Density Multiple-Family {HOME), and Housing {H} districts. Per the Planning and Environmental Commission's direction, staff has drafted proposed text amendments (Attachment A} to modify the GRFA regulations for the above listed zone districts as follows: '°Interior Conversion" bonus repealed "250 Ordinance" bonus repealed GRFA renamed to FAR {Floor Area Ratio} FAR measured from the outside of the exterior walls All areas of a structure are calculated as floor area except for specific deductions (i.e. basements, attics, garages, etc.} • Vaulted spaces included as floor area +,~ • Airlocks included as floor area • Stairs included as floor area on every level in multiple-family structures • GRFA formulas converted to FAR type formulas • Definition of "Site Coverage" clarified • Parking requirements increased Staff has provided a GRFA analysis of sample existing homes in the Town of Vail {Attachment B}. This research includes information regarding the allowed and constructed GRFA of existing homes located in various zone districts. In addition, the research provides information regarding t©taf basement area, vaulted space, and exterior wall area. Based on this analysis, staff developed a proposed alternative FAR formula for the zone districts listed above (Attachments C and D), lll. BACKGROUND The Planning and Environmental Commission reviewed this request at its October 14, 2002, January 27, March 24, June 9, June 23, July 14, and August 11, 2003, public hearings, Additionally, staff facilitated focus group discussions addressing these proposed text amendments on May 22 and June 5, 2003. lV. DISCUSSION TOP[CS What has the P1=C identified as p©sitives and negatives of the current GRFA regulations' Positives: • Current GRFA regulations are an effective tool in regulating the density and intensity of residential uses. • Current GRFA regulations are an effective tool in regulating the physical bulk and mass of residential buildings. • Current GRFA regulations area known and accepted quantifier for development potential in Vail. • Current GRFA regulations encourage creative architectural design. Ne4atives: • Current GRFA regulations are complex and cumbersome. • Current GRFA regulations have loop hales that allow unnecessary bulk and mass resulting in buildings that appear larger than the floor area numbers reflect- s Current GRFA regulations create inequalities between neighbors in the same zone district. • Current GRFA regulations have inadvertently encouraged illegal construction. • Current GRFA regulations have inadvertently encouraged the illegal elimination of employee housing units. • Current GRFA regulations create additional time and financial costs for homeowners and builders, and are time consuming far the Town to administer. • Current GRFA regulations do not encourage the construction of below grade spaces. 2 What GRFA reform principles has the PEG accepted? + GRFA reforms shauld be simpler to understand, implement, and enfaroe. • GRFA reforms should be equitable. • GRFA refarrns should address related Town zoning regulations. • GRFA reforms should not negatively impact property sales or values. • Government shauld not regulate the interior use of homes. • GRFA reforms should improve compliance with building and frre codes. • GRFA reforms should not dramatically increase development potential. Which other Town regulations may be affected by amendments to the current GRFA regulations? • Title 12, Zoning Regulations, Vail Town Cade Chapter 2: Definitions Chapter 6: Residential Districts Chapter 7: Commercial and Business Districts Chapter 8: C3pen Space and Recreation Districts Chapter 9: Special and Miscellaneous Districts Chapter 1 Q: ~Off~Street Parking and Loading Chapter 11: Design Review Chapter 13: Employee Housing Chapter 14: Chapter 15: Supplemen#al Regulations Gross Residential Floor Area (GRFA} Chapter 16: Conditional Use Permits Chapter 18: Nonconforming Sites, Uses, Structures and Site Improvements • Title 14, Development Standards Handbaok, Vaif Tawn Cade • Special Development Districts • Subdivision plats containing notes and restrictions related to GRFA What GRFA reform alternatives has the PEC considered? No changes to the current GRFA regulations Given the negatives of the existing GRFA regulations, the PEC has determined that the current GRFA regulations are in need of reform. Eliminate GRFA in whale The PEC has determined that repealing all current GRFA regulations is not a viable alternative to address the negatives of the Town's current zoning regulations. The PEC has determined that maintaining some form of floor area regulation serves a positive public purpose. Replace GRFA with a volume#ric measurement. system The PEG has determined that theoretically a volumetric measurement system more effectively regulates bulk and mass than a floor area measurement system, however, in practice a volumetric measurement system will be too complex and impractical to administer. 3 Replace GRFA with a Hoar area ratio IFARI svstem The PEC has determined that modifying the current GRFA regulations to be a simpler floor area ratio (FAR) type system is the most apprapriate means of addressing the negatives of the can-ent regulations. Should GRFA be renamed? While renaming the amended GRFA regulations to FAR, or some other name, may convey a message to the public that these regulations have changed and are different than today's GRFA, stafF is apprehensive about eliminating the term GRFA. The term GRFA is cross-referenced in numerous chapters of the Town's zoning regulations, Town's development standards handbook, numerous Special development ®istrict provisions, and various subdivision plats. While it is passible to re-codify these other Town regulations, it may be a complex and time consuming process. How should GRFA be defined? ®eductians • The PEC has determined that all horizontal areas of a structure shall be counted as GRFA, and then certain areas shall be deducted from the GRFA calculation. Basements The PEC has determined that below grade portions of basements should be deducted from GRFA calculations. Language addressing this issue has been incorporated into the proposed text amendments (Attachment A), Vaulted spaces The PEC has determined that vaulted ar open to below spaces should be counted as GRFA to mare accurately measure hulk and mass.. Language addressing this issue has been incorporated into the proposed text amendments (Attachment A). Crawlspaces The PEC has determined that crawlspaces should also be deducted from the GRFA calculations, Language addressing this issue has been incorporated into the proposed text amendments (Attachment A). ©ther deductions The PEC has determined that other areas previaus1y deducted from GRFA calculations such as garages, attics, etc., with the exception of vaulted spaces, should continue to be deducted in a similar manner. 4 Inside ar outside of exterior walls The PEC has determined that the current method of measuring GRFA of the inside face of the exterior walls should be revised to measure GRFA from the outside face or the exterior walls to more accurately calculate building bulk and mass.. How much GRFA should be allowed? 250 ©rdinance and ]nterior Conversions The PEC has determined that the "250 Ordinance" and the °Interior Conversion° GRFA bonuses should be repealed in their entirety due to the inequalities of property rights that are created by these regulations. In an effort to afford these bonuses to all properties and to not create non- conformities, the proposed GRFA calculation formulas have been increased over the current calculations to compensate for the elimination of these bonuses. Formulas The PEC has determined the allowable GRFA calculations and bonuses should be consolidated into one formula. The proposed GRFA formulas (Attachments C and D) have be calibrated in the following manner: • Gurrent allowable GRFA square footage, plus • "425" ar °`225" GRFA bonuses, plus • 250 sq. ft. per allowable dwelling unit to compensate for the repeal of the "250 Ordinance", plus • 15% square footage increase to compensate for the counting of vaulted spaces as GRFA and to address past "Interior Conversions" of vaulted space GRFA bonuses, plus • 10% square footage increase to compensate for exterior walls counting as GRFA The proposed GRFA formulas have not been calibrated to compensate for past "interior Conversions„ of crawlspaces, as the proposed text amendments allow for the deduction of below grade basement areas from the GRFA calculations. What if the GRFA amendments create non-conforming properties? The PEC has determined that any amendment to the GRFA regulations should create as little non-conformity as possible. However, should any property became non-conforming as a result of these text amendments, the provisions of Chapter 12-18, N©NCONFQRMING SITES, USES, STRUCTURES AND SITE IMPROVEMENTS, Vail Town Code, shall apply. The provisions of Chapter allow a property owner to continue and maintain the non-conforming use of their property: 5 12-18-2: GONTlNUANCF: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the ' limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. 12-fib-G: MAINTENANGEANQ REPAIRS: NonGOnfonning uses, stru~#ures, and sate improvements may be maintained and repaired as necessary for conuenient, safe, or effrcient operafion or use; provided, that no such maintenance or repair shat! increase the discrepancy between the use, structure, or site improvement and the development standards prescribed by this title. What other Town regulations should lac amended in association with amendments to the current GRFA regulations? €mplovee Housing The proposed text amendments increase the GRFA bonus for Type I and Type I1 EHUs from 500 sq. ft. to 550 sq. ft. to compensate for exterior walls being counted as GRFA. The Vail t_acal Housing Authority (VLHA} has indicated that the proposed amendments to the GRFA regulations will not have a significant impact on employee housing. The Housing Authority is currently reviewing the Town's employee housing policies an a more global scale, beyond the scope of GRFA. Design Guidelines The Town of Vail Design Review Board (DRB} has expressed its concerns about the reform alternative of eliminating GRFA in its entirety. The DRB has indicated #hat if some form of floor area measurement regulation is maintained, they do not perceive a need for additional design guidelines and standards. Parking The PEC has determined that the current off-street parking requirements need to be increased for larger residential dwellings. language addressing this issue has been incorporated into the propased text amendments Attachment A}. Amnestv Provisions Staff is currently working with the Town Attorney to draft amnesty provisions to accompany the proposed amendments to the GRFA regulations. These provisions will allow property owners with illegally constructed GRFA to apply, without retribution, for design review and building permit approval in accordance with the amended GRFA regulations, 6 V. APPLICABLE 'PLANNING DOCUMENTS Section 12-3-7-C: ADMINISTRATION AND ENFQRCEMENT, AMENDMENT 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town councdf shall consider the following factors with respect to the requested texf amendment (7) The extent to which the text amendment furthers the genera! and specific purposes of the zoning regulations; and (2) The extent to which the text amendment woufd better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vaif 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; end (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among farad 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. b. !Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental comrrrissfon and the town council shall make the foNowing findings with respect to the requested amendment• (1) That the amendment is consistent with the applicable elements of the adopted goats, 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 generaf and specifrc purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and genera! welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its nature! environment and its established character as a resort and residential community of the highest quality. • 7 VI. CRITERIA AND FINQINGS 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. A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff believes that the propased text amendments further the general and specific purposes of the zoning regulations. 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 will better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 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 believes that the Town's existing GRFA regulations are na longer appropriate given the complexities, inequalities, and inefficiencies of the regulations that now exist due to the significant number of text amendments that have occurred over the past several years. Q. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments provide a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. The following is a brief summary of staff's evaluation of the alignment of the propased amendments with the Planning and Environmental Commission's accepted GRFA reform principles: • GRFA reforms should be simpler to understand, implement, and enforce: YES • GRFA reforms should be equitable: YES • GRFA reforms should address related Town zoning regulations: YES 8 S • GRFA reforms should not negatively impact property sales or values: YES • Government should not regulate the interior use of homes: YES • GRFA reforms should improve compliance with ,building and fire codes: YES • GRF,4 reforms should not dramatically increase development potential: YES 8. The Planning and Environmental Commission shall make the following findings before 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 ~. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the healfh, 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. VI1. STAFF RECOMMENDATI+DN The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the 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 (COME}, Medium Density Multiple-Family (NOME}, High Density Multiple-Family (HOME}, and Housing (H}districts. Staff`s recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: ~ . 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 ~. 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. 9 VIII. ATTAGHNIENTS A. Prapased text amendments B. Sample GRFA Analysis data C. Estimated Current F'IQOr Area vs. Prapased Flc~c~r Area data D. Estimated Current Floar Area vs. Prapased Flaar Area charts n 10 Attachment: A PROPOSED TEXT AMENDMENTS Chapter 12-2: DEFINITION 12-2-2; DEFINITION AREA'JVAY: A sunken area affording exterior access, air, and light to a basement door or window. FLOOR AREA (for the purpose of calculating Floor Area Ratio). The total square footage of all residential horizontal areas on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes}. Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawlspaces; and roofed or covered decks, porches, terraces, or patios shall be included as floor area, except as deducted elsewhere in this Title. FLOOR AREA RATIO AFAR}: The total square footage of a!1 residential horizontal areas on all levels of a structure as a ratio of site area. SITE CC}VERAGE; The ratio of the total building area of a site to the total area of a site, expressed as a percentage. Far the purposes of this definition, "building area of a site" shall mean that portion of a site occupied by any building, carport, pone cachere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the perimeter walls or supporting columns. Far the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof ar covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet {4'}from the exterior face of the perimeter building walls or supporting columns. Chapter 12-10: OFF STREET PARKING AND LOADING 12-10-10-13. PARKING AND LOADING REQUIREMENTS (outside commercial cores) Use Parking Reouirement (in part) n~•relling unit If floor area or gross residential floor area is over 2,000 square feet up to 4,000 square feet: 2.5 spaces per dwelling unit. 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LL 2 fY ~ i1"1 ~ a H H f • • Chapter 12-23: FLOOR AREA RATIO (FAR) CHAPTER 23 FL©OR AREA RATIO (FAR) Section: 12-23-1: Purpose 12-23-2: Definitions 12-23-3: Calculation of Floor Area 12-23-4: Floor Area Ratio (FAR} requirements by zone district 12-23-1: PURPOSE: This chapter is intended to control and limit the size, bulk, and mass of residential structures and the intensity of residential uses within the Town. Floor Area Ratio {FAR} regulation is an effective tool far limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts. 12-23-2: DEFINITI©N A. FLOOR AREA (far the purpose of calculating Floor Area Ratio): The total square footage of all residential horizontal areas on all levels of a structure, as measured to the outside face ofi the sheathing of the exterior walls {i.e., not including exterior wall finishes). Floor area shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical spaces, vents and chases, storage areas, and other similar areas. Garages; attics; vaulted or open to below spaces; basements; crawlspaces; and roofed or covered decks, porches, terraces, or pa#ios shall be included as floor area, except as deducted elsewhere in this Title. i3. FLOOR AREA RATI© (FAR); The total square footage of all residential horizontal areas on all levels of a structure as a ratio of site area. 12-23-3: CALCULATION OF FLOOR AREA A. Floor Area Calculations and Deductions: 1. In the Hillside Residential, Single-Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Districts, floor area Shall be calculated by measuring the total square footage of a structure as set forth in the definition above. Areas as set forth herein shall then be deducted from the Iota! square footage: a. Enclosed garage areas of up to three hundred (300} square feet per vehicle space not exceeding a maximum of two {2} vehicle parking spaces for each allowable dwelling unit permitted by this title. Garage area deducted from floor area is awarded on a "per space basis" and shall be contiguous to a vehicular parking space. Each vehicular parking space shall be designed with direct and unobstructed vehicular access. Alcoves,. storage areas, and mechanical areas which are located in a garage and which are twenty five percent (25°J°) or more 2 open to the garage area may be included in the garage area deduction. Interior walls separating the garage from other areas of a structure may be included in the garage area deduction. b. Attic areas with a ceiling height of five feet (5'} or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. o. Attic areas created by construction of a roof with structural truss-type members, provided the trusses are spaced no greater than thirty inches (30"}apart. d. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet (5'} in height, if all of the following criteria are met: (1 } The area cannot be accessed directly from a habitable area within the same building level; and (2} The area shall have the minimum access required by the building code from the level below (~ square foot opening maximum); and (3} The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space shall not be improved with decking; and (4) It must be demonstrated by the architect that a "truss-type" or similar structural system cannot be utilized as defined in the definition of floor area; and (5) It will be necessary that a structural element (i.e., collar-tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. e. Crawlspaces accessible through an opening not greater than twelve (12} square feet in area, with five feet (5"} ar less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floorlceiling assembly above. f. Basement areas of a structure as follows: (1) For the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the floor area. calculation. (2) Portions of the exterior walls that are exposed to accommodate areaways necessary to meet the minimum egress requirements of the adopted building cede may be considered below grade at the discretion of the Administrator. 3 g. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no mare than three (3) exterior walls and a minimum opening of not less than twenky five percent {25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44"} in height and support posts with a diameter of eighteen inches {18") or less which are spaced no closer than ten feet {10') apart. The space between the posts shall be measured from the outer surface of the post. 2. In the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, and Housing Districts, FAR shall be calculated by measuring the total square footage of a structure as set forth in the definition above- Areas as set forth herein shall then be deducted from the total square footage: a. Enclosed garage areas to accommodate on-site parking requirements. Alcoves, storage areas, and mechanical areas which are located in a garage and which are twventy five percent {25%) or more open to the garage area may be included in the garage area deduction. Interior walls separating the garage from other areas of a structure may be included in the garage area deduction. b. All or part of the following areas, provided such areas are common spaces: {1}Common hallways, stairways, elevator shafts and air locks. {2) Common lobby areas. (3} Common enclosed recreation facilities.. {4) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. (5} Common closet and storage areas, providing access to such areas is from common hallways only. {6) Meeting and convention facilities- {7) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (8) Floor area to be used in a Type III Employee Housing Unit (EHU) as defined and restricted by Chapter 13 of this Title.. c. Attic areas with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. d. Attic areas created by construction of a roof with truss-type members, provided the trusses are spaced no greater than khirty inches {3ly") apart. 4 e. Attic areas created by construction of a roof structure utilizing a nontruss system, with spaces greater than five feet (5') in height, if all of the following criteria are met: (1} The area cannot be accessed directly from a habitable area within the same building level; and (2) The area shall have the minimum access required by the building code from the level below (~ square foot opening maximum}; and {3} The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (4(}) pounds per square foot, and the °floor" of the attic space cannot not be improved with decking; and (4} It must be demonstrated by the architect that a "truss-type" or similar structural system cannot be utilized as defined in the definition of floor area; and (5} It will be necessary that a structural element {i.e., collar-tie) be utilized when. rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space far compliance with this policy. f. Crawlspaces accessible through an opening not greater than twelve (12} square feet in area, with five feet (5'} or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floorlceiling assembly above. g. Basement areas of a structure as follows; (1) Far the lowest level of a structure, the tokal percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the floor area calculation. (2} Portions of the exterior walls that are exposed to accommodate areaways necessary to meet the minimum egress requirements of the adopted building code may be considered below grade at the discretion of the Administrator. h. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%} of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four inches (44") in height and support pasts with a diameter of eighteen inches (1$") or less which are spaced no closer than ten feet (10'} apart. The space between the posts shall be measured from the outer surface of the post, C. Additional Calculation Provisions: 1. Two-Family Residential (R) and Two-Family Primary/Secondary Residential {PIS) Districts: 5 In the Two-Family Residential (R} and Two-Family PrimaryfSecondary Residential (Pl5) Districts, allowable floor area shah be calculated based on the enkire site area. 2. Mixed Use, Two-Family, and Multiple Family Structures: For dwelling units in mixed use, two-family, and multiple family structures, floor area shall be measured for each unit from the center of cowman interior walls to the outside face of the sheathing of the exterior walls. 3, Vaulted or open to below areas: Vaul#ed or open to below areas that have a ceiling plate height greater than fourteen feet {14') in height shall be calculated as floor area on multiple levels of the structure. 4. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as floor area. "Greenhouse windows" are defined according to the following criteria: a. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36"} must be provided between the bottom of the window and the floor surface„ as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet building code egress requirements.) The thirty six inch (36") minimum was chosen because it 6ocates the window too high to be comfortably used as a window seat and because it allows for a typical four fook (4'} high greenhouse window to be used in a roam with an eight foot (8'} ceiling height. b. Projection: No greenhouse window may protrude more than eighteen inches (1$") from the exterior surface of the building, This distance allows for adequate relief for appearance purposes, without substantially adding to the mass and bulk of the building. c. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a forty fiive degree (~~°} angle. A small roof over the window may also be allowed provided the overhang is limited to four inches {4") beyond the window plane, d. Dimensional Requirement: No greenhouse window shall have a total window surface area greater than forty four {44} square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet {4'} and the maximum 6 width far a four foot (4') high self-supporting window is between Six feet ~6') and eight feet i;8') 4approximately ~2 square feet). Since the window would protrude no mare than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four X44) square feet. e. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot sine limitation will apply to the combined area of the two (2) windows. f. Site Coverage: Greenhouse windows do not count as site coverage. 12-23-4: FAR REQUIREMENTS BY ZONE DISTRICT: Zone District Hillside Residential {HR} Floor Area Ratio {FAR) .43 of site area 510,000, plus .25 of site area >10,000 and x22,000 sq. ft., plus .07 of site area 722,D00 sq. ft. Single-Family Residential {SFR} Two-Family Residential (R) Two_Family PrimarylSeeondary {PIS) Residential Residential Cluster (RC} Law Density Multiple Farrmily (LIaMF) Medium Density Multiple-Family (MDMF) High Density Multiple-Family (MDMF) .40 of site area<10,OD0 sq. ft., plus .13 of site area ?10,000 sq. ft. .46 of site area 510,000 sq. ft., p{us .38 of site area >10,000 and x15,000 sq. ft., plus .13 of site area >15,000 and x30,000 sq. ft., plus .D6 of site area ~30,D00 sq. ft. .46 of site area 510,000 sq. ft., plus 38 of site area ?10,000 and 515,000 sq. ft., plus 13 of site area ,15,000 and <_3g0oD sq. ft., plus .06 of site area >3D,OOD sq. ft. .40 .50 .70 .95 Housing (H} ~ Per Planning and Environmental Commission 7 • r~ L_.~ • Attachment; B C • ~ K 5' V p ~~ w 3 - 8< _~ x ~ x~ x x a x n xl x s ~ ~f ~, ~ ~ x x ~ x x x s xi f III :_ ~ ~ a, ' S ` ~ 0f ~ ~f E 6 U ~ x:. x x; Xi 'e! ~ x ~ x Y~ V q n°~ =~ ~ ~~ 6 d ~ N O C LL ~ X .T m A` Ee~ x # „~~ x9„ R Y ~ ~ 9,1 _ ~ Eg 2or u N 2~ U w ~ m n ~ ~ 9 ~ u X c< ++a UI ~ ~ 10 G ~ E= ~LL~ V ~ t5 ~ ~ ~~~ ~" a2 J w . yt N a ~ x x x ~ x x I x x x - Ni 0 1 S ~'. x i ~ ~! ~' x ~1 x ~ 8 M, a !m _ ~ µ ~ '~ I R' i ~ o n "I ~ o ~ ~i ~ x ~ 5. 6 ~ ~ z y a° ~~ 6I .n a a` ~ ~~ n ~~ F,~~~ n ~~ ~rll ~ Ni ~~'~ ~I ~ ~I n .F'} _~ E' v ~ ~ i p ~ 2 ~ a ~ $ u [~ ' 9 n ~ i , , I a e. a € ~. ~ c - ~ - ~ sl _'s~ in J - ~ 5 r: ~ ~ }~ ~ G ~ g ~ o ~ a Is ~`* ! ~ s ~ - r ~S e` I Yioi~ o ~ aeo P g n Yi R x x x x ~ x S x ~ x R M '' Po x x a x M ~ ~ ~ ei ~~~I O !1 a ~ 7 St E ~ a ~ ~ ~ ~ „Ir ~ ~ q~ ~I a y a~ ? ? a ~ ~ 5 ~ 5 ~ I ~ V a ~ t ~I x x x m ~ n ~ A x x ~i ~ _~ ,.~ ~ m~ ~I ~ ~'; x x x ~I i x m R ~ xJ ~ g o .. 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