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2004-0628 PEC
.J PLANNING ANQ ENVIRONMENTAL COMMISSION .. PUBLIC MEETING ~~~~'~' . Monday, June 28, 2{}04 PROJECT ORIENTATION - Community Development Dept. PUI~LIC WELCOME 12:80 pm MEMBERS PRESENT David Viele Anne Gunion Bill Jewitt Chas Bernhardt George Lamb Rollie Kjesbo MEMBERS ABSENT Doug Cahill Site Visits 1. Lionshead Core Site - 675 Lionshead Place 2. Gore Creek Place - 730, 724, 714 West Lianshead Circle 3. Eagle River Water and Sanitation - 646 West Forest Road Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break far dinner from 6:00 - 6:30 p. m. Public Hearinq -Town Council Chambers 2:00 pm 1. A recommendation to the Vail Town Council of a major amendment to a Specia# Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow far an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No, 35, Austria Haus, located at 242 East Meadow DrivelPart of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc,, represented by Johannes Faessler Planner: George Rather MOTION: KJESBO SECOND: VIELE VOTE: 5-1 (JEWITT OPPOSED) APPROVED WITH CONDITIONS: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Tawn of Vail pursuant to the applicable devebpment review process. • 3. That all loading and delivery activity far the Austria Haus be conducted on the Austria Haas property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces iin front of the Mountain Haus. 4. The applicant, Johannes Faessler, ar his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk 8 Recorder's office within 3iy days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and befin-een Johannes Faessler, ar his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Ruther made a presentation per the staff memorandum. Mr. Faessler was present and spoke on behalf of the application. He stated that the subject area is currently a bar and is proposed to be a coffee shop, which is a low impact use. Mr. Jim Lamont, Vail Village Homeowners, spoke on behalf of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. Staff stated that. the proposed use will not impact the adjacent neighbors mare than the existing bar. Commissioner Dewitt opposed the proposal because the development needs to respect the land use rights of the adjacent neighbors. 2. A final review of a conditional use permit, pursuant tv Section 12-9B-3, Priva#e Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Black 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabe#h Eckel MOTION: KJESBO SECOND: LAMB VOTE: fi-0 APPROVED WITH CONDITIONS 1. That the applicant, VRDC, submits a revised set of building plans to the Building Department afi the Tawn of Vail Community Development Department prior to August 1, 2004, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission had comments. 3. A request for a flaodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Cade, to allow for snowmaking system improvements within the Gore Creek floodplain, located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, fi46 West Forest Road}, a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant:. Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson MOTION: JEWITT SECOND: VIELE VOTE:6-0 APPROVED WITH CONDITIONS: 1. The applicant shall submit verifieatian of US Army Carp of Engineers approval afi all applicable permits to the Town of Vail Community Development Department prior to the issuance of building and grading permits... 2. The applicant shall submit a stamped lmpravement Location Certificate and "as- built" topographic survey to the Town of Vail Community Development Department fior review and approval, prior to Tawn of Vail final construction inspection. 3. The applicant steal! comply with all requirements of all necessary state and federal permits and approvals. Neither the public nor the Commission had comments. 2 4. A final review of a conditional use permit, pursuant to Section 7 ~-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead CirclelTracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: KJESBO SECOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1. That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen {16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. 2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet {Attachment F}which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheetwill allowfuture development to occur without the need far joint property owners sign off as all future development potential will already have been established. 3. That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site, 5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessary uses shall be permitted useless otherwise specifically prohibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. 7. That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehiclelpublic pedestrian path and from the emergency vehiclelpublic pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pa#hways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian connections through the project. Staff s recommendation far the provision ofi access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by staff, future connections could not be made for other adjacent sites. The applicant stated that the paths will be provided, but was hesitant to make it public access which would require ADA compliance. An amended condit'son would be to have a private pedestrian access easement that will never be obstructed or removed. 3 5. A request for final review of a major amendment to a special development district ~SDD}, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 1p0 East Meadow ILot M, N, O, Block 5d, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Bother MOTION: KJESBO SECOND: VIELE VOTE: S-0 APPROVED WITH AMENDED CONDITIONS 1. That the Developer provides a centralized loadingldelivery facility for the use of all owners and tenants within Special Development District No. fi. Access or use of the facility shall not be unduly restricted far Special Development District No. 6. The loadingldelivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public andJor private loadingldelivery programs, sanctioned by the Town of Vail, to mitigate loadingldelivery impacts upon the Vail Village loadingldelivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail andlor others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.} as identified on the off-site improvements plan to the Town of Vall Public Works !Department for review and approval, prior to application far a building permit. 3. a~ :^o-apffl~to-Ardinar~~,'y!~Series of 20A~~SeFtemb^~~oAT That the Developer shall submif a complete building permit applica#ion fo the Town of Vail Community Development Department for the construction of the Vail Pfaza Hotel by no later fhan 5:00 pm, Friday, 5epternber 3, 2004. The Chief Building Official shat! determine the completeness of the application. The Developer shall diligently pursue the issuance of a budding permit by no later fhan October 15, 2004. Failure to comply with this condition shat! cause this sdd approval to become null and void on September 4, 2004, pursuant fo the time requirements and limitations of Section 72-9A-12,1/ail Town Code, and Ordinance No. 27, Series of 2001, or on October is, 2004, depending on whether a building permit application has been submitted. The phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application far the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Managemen# Plan; d. A Site Dewatering Plan; and e, A Traffic Control Plan, 5. That the Developer records public pedestrian easements befinreen the hotel and the Phase III Condominiums, between the hotel and the Phase V Building, and 4 along the Vail Road frontage. The easements shalt be prepared by the Developer and submitted for review and appror-al of the Town Attorney. The easements shall be recorded with the Eagle County Clerk Il< Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records adeed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7. That the Developer submits a comprehensive sign program proposal #or the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 12S% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase !I, Phase III and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development Disfrict No. 6, Vail Village inn. 11. That the Developer, in cooperation with the Town of Vail Public Works Department, designs and constructs alert-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loadingldelivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 72. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Mali, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12113199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. That the Developer submits revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13} issues identified in the letter from the Public Works Department, dated June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. 14. That the Developer provides 75 on-site parking spaces within the area of Phase IV, Vail Village Inn, and as indicated on the Approved Development Plan, to 5 address the 75 space parking deficit currently existing within Special Development District No. 6, Vail Village Inn. Said parking spaces shall be made available to meet the parking demand of those Uses permitted within the Special Development District. The 75 parking spaces shall not be sold, transferred, traded, or otherwise conveyed for ownership to users located outside of Special Development District No. G, Vail Village lnn. George Ruttier made a presentation per the staff memorandum. Staff addressed PEC comments from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public Works.. The applicant addressed the list of conditions, such as CDOT approval off of Frontage Raad, and requested a time extension of an additional 90 days to obtain a building permit. The Commissioner were not in #avor of a 99 day extension but instead suggested an amended condition which might afford the applicant slightly more time to obtain a building permit. Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold outside of the shareholders in the development. Mr. Losa sta#ed that four spaces have been sold within the SDD. The Commission and the applicant agreed that the ownership of parking spaces would be restricted to parties involved in the SDD. The Commission and staff proposed several revised conditions of approval. fi. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms an the first floor or street level floor of a structure, located at 675 Lionshead Place){a complete legal description is available for inspection at the Town of Vail Community • Development Department upon request). Applicant: Vail Corporation Planner: George Ruttier MOT10N: BERNHARDT SECOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2004 7. A request for a recommendation to the Vai Town Council for the establishment of Special Development District Na. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Tawn Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell MOTION: BERNHARDT SECOND: LAMB VOTE: 8-0 TABLED TO JULY 12, 2404 8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Cade, to allow for the construction of driveways and surface parking in excess of 1Q% of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail dos Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell MOTION: BERIVHARDTSECOND: LAMB VOTE; 6-0 TABLED TO JULY 12, 2004 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses; Generally 6 (On All Levels of a Building ar Outside of a Building}, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lat and Parking Structure Design Standards far All Uses, Vail Town Cade, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road West/unplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Deparkment}. Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SEGOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2044 10. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Baler Vail Condominiums}! Lot $, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizan Wireless, represented by Kelley Harrison, Closer Consulting Planner; Clare Sloan MOTION: BERNHARDT TABI-ED TO JULY 12, 2084 9. Approval of minutes MOTION: VIELE TABLED TO JULY 12, 20U4 10. Information Update 11. Adjournment MOTION: BERNHARDT SEGOND: LAMB VOTE:6-Q SECOND: LAMB VOTE: fi-0 SECOND: LAMB VOTE: B-0 The applications and information about the proposals are available for public inspection during regular office hours at tike Town of Vail Community Development Department, 75 South Frontage Road. The pubic is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone far the Hearing Impaired, for information. Community Development Department Published, June 25, 2004 in the Vail Daily. • • • .. PLANNING AND 1=NVIRONMENTAL COMMISSION ~r~ ~~ * PUBLIC MEETING ~' ~~~~~'~'. ~ Monday, June 2$, 20D4 PROJECT ORIENTATION - Gommunity Development Dep#. PUBLIC WELCOME '12:00 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits 1. Lionshead Core Site - 675 Lionshead Place 2. Gore Creek Place - 73D, 724, 714 West Lionshead Circle 3. Eagle River Water and Sanitation ~ 646 West Forest Road Driver; George NOTE: If the PEG hearing extends until 6:OD p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearing - Tawn Council Chambers 2:t}0 pm A recommendation to the Vail Town Council of a major amendment to a Special Development District {SDD}„ pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Gode, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development district No. 35, Austria Haus, located at 242 East Meadow Drive/Part of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther MOTION: SECOND: VOTE: 2. A fnal review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public 4ff- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gare Creek Driveft_ot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel MOTION: SECOND: VOTE: 3. A request for a floadplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gare Creek floodplain, located at an unplatted parcel {adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Raad}, a complete metes and bounds legal description is available far review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson IVlIOTION: SECOND: VOTE: 4. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally {Qn All Levels of a Building or Outside of a Building), Vail Town Gode,. to allow for eight finro-family residential structures (Gore Greek Place}, located at 730, 724, and 714 West Lionshead CirelelTracts A, B, C, & D, Moreus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: SECOND: VOTE: 5. A request foe final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow ILat M, N, C?, Block SD, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION; SECOND: VOTE: 6. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new Lodge dwelling units and conference facilities and meeting rooms on the first floor ar street level floor of a structure, located at 675 Lionshead Place!(a complete legal description is available for inspection at the Tawn of Vail Community Development Department upon request). Applicant: Vail Corporation Planner. George Ruther MOTION: SECOND; VOTE: 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow forthe construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & G, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell MOTION: SECOND: VOTE: TABLED TO JULY 12, 2004 8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the total site area, located at 238$ Garmisch Drive/Lot 9, Block G, Vail dos Schane Filing 2, and setting forth details in regard thereto. Applicant: Snow Naw, LLG Planner: Warren Campbell TABLED TO JULY 12, 2004 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Tawn Cade, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Cade, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road Westlunplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett TABLED TO JULY 12, 2004 10, A request for a conditional use permit, pursuant to Section 12-6H-3, Canditi©nal Uses; High Density Multiple Family, Vail Town Cade, to allow for a public utility and public services use, located at 501 North Frontage Road (Baler Vail Condominiums)f Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closer Consulting Planner: Clare Sloan TABLED TO JULY 12, 2004 2 9. Approval of minutes MOT1ON: SECOND: VOTE: 10. Information Update 11. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town ofi Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call X970) 479-2138 for additional inf©rmation, Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone for the Hearing Impaired, for information, Community Development Department Published, June 25, 2004 in the Uail Daily, • • 3 ~~ ~ TWIS ITEM MAY AFFECT YOUR PROPERTY ~~ , PUBLIC N©TICE ~~~~~ 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, Vail Town Code, on June 28, 20x4, a# 2:00 PM in the Town of Vail Municipal Building„ in consideration af: A request for a conditional use permit, pursuant to Section 12-71-~, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building}, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards far All Uses, Vail Town Cade, to allow for the construction of an unpaved private parking to#, located at 923 South Frontage Road West/unplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD}, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Cade, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haas, located at 242 East Meadow DrvelPart of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building}, Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead CirclelTracts A, B, C, ~ D, Morcus Subdivision, and Lot 7, Marriott Subdivision., and setting forth details in regard thereto, Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell A final review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek DrivefLot F'-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Cade, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums}I Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closer Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow far snowmaking system improvements within the Gore Creek floodplain located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, (a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road, The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department, Please call (970} 479-2138 for additional -information. sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356„ Telephone for the Hearing Impaired, for information. Published June 11, 2x04, in the Vail Daily.. • • m QO d ~C^-Y.~ ro pm NCy9 J O 7~m~.~~ ~ V~`a~~0 ~.~ i o a b.. ~ g' o epEmc ~y,E-rnmrnLR ~ a U mo ~ ® 0 0 a,~ w c ~We $ n a0 cm a metal }7° m CC1 ~U~~~ m E.-.tL EZ C~ Qpa ~ ° ~ ~ a~ a c ~a~3tl Q~~, m u°~{aU ui ~aaEi m w<aaiaod7, E; °m?s 'mmv .o ui -~ ~u~~ ~ /'~+. O „d a ~C b. 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C^J q J~ 'pp~N ~ O ~.D t c [~2i P O Q'UOy~y++~~IOM.NGF OV @ 9_ L G~CR a~'~ U' N(p D CL"U C r.~~fi .- a~~=FL~N~~~Un {a~Jte tea. o~mtimc~ N N N C J~ N.CC~_ :0 r a'u 4UU E ~z~ ~U 3E °a U o ti~ E :~ C N m m a .~ G O 0 U 7-~ ~~`~ ~~~i~9 ~~• • i J .' -~ ~ r • • ~ ` • ~ : ~ • .J • ~" _ ~ ; ~. U f ~~~•• ~ r wJ •~~ •••J • nnESUIOI~ANounn TO: Planning and Environmental C©mmission FROM: Department of Community Development DATE: June 28, 2{?04 SUBJECT. A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-~©, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded oonditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Johannes Faessler Planner: George Ruttier 1. DESCRIPTION OF THE REQItEST The applicant, Jahnannes Faessler, is requesting a final review of a major amendment to Special Development District #35, Austria Haus. The purpose of the proposed amendment is to remove an existing condition of approval which prohibits the operation of "restaurants Qr 5imi(ar food service operations" within the special development district. The request to remove the condition of approval is intended to facilitate the use of the easternmost tenant space (Platz'I Bar) on the ground floor of the Austria Haus far a Starbuck's coffeehouse. ll. BACKGR~OLIND In ~ 997, the Vail Town Council approved Ordinance No. 12, Series of 1987, establishing Special Development District #3~, Austria Haus. In adopting this ordinance, the Town Council, upon input from the Village Center residential condominium owners expressing concerns about noise, odors, and frequency of loading/delivery to the Austria Haus, placed a limit on the uses allowed in the District and placed a condition restricting the current and future owner s ability to locate a restaurant or similar food service operation on the Austria Haus properky. In 2992, the Vail Town Council approved Ordinance No_ 8, Series of 21702, removing a condition of approval that prohibits the operation of restaurants with the Special Development Distract (SDD #35 Austria Haus). In removing the condition, however, the Council, among other things, placed the following obligations on the applicant, `The applicant, J©hannes FaessEer, or his authorized agent, shall cause this ~, ^,e TOWN ©F VAIL ~ agreement which outlines the Town's conditions of approval to lae recorded ~~ with the Eagle County Clerk c~ Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or .his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become "null and void." ~ The applicant failed to successfully comply with Phis condition, and as such, all approvals granted in 2002, pursuant to Ordinance Na. 5, have since become null and void. A copy of Ordinance No. 5, Series of 2{102, has been attached for reference (attachment A} III. THE SPECIAL DEVELOPMENT DISTRICT ESTABL[SHMENT AND REVIEW _. - ._ , _ PROCESS Chapter 12-9 of the Town Code provides far the amendment of existing Special Developmen# Districts in the Tawn ofi Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibr`lity and creativr`ty in the development of land, r"n order to promote ifs most appropriate use; to improve the design character and quality of the new development within the Town; to facififate the adequafe and economical provision of streets and ufilifies; fo preserve the natural and scenic feafures of open space areas; and fo further the overafl goals of the communify as sfated in the Vail Gomprelaensr`ve Plan. An approved development plan f©r a Specia! Development District, in conjunction with the properties underlying zone elstrict, shall establish the requrremenfs for guiding development and uses of property included in the Special Development Districf." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development. plan shall contain all relevant matera[ and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be [imited to. the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open spaceliandscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessary uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Cade provides nine design cri#eria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the fallowing standards, or demonstrate that one or more of them is not applicable, or that a peactical solution consistent with the • public interest has bean achieved. IV. CRITRRiA FUR REVIEW A. Design c©mpatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application.. 6. Uses, activity and density which provide a compatible, efficient and workable relafsonship with surrounding uses and activity. Special Development District #3b was approved by the Town of Vail in 1997, pursuant to Ordinance No. 12, Series of 1997. According to the Official honing Map of the Town of Vail, the underlying zoning of the Austria Haus development site is Public Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Tawn Code, the purpose of the Public Accommodation Zons District is: to provide sites for lodges and residential accommodafr`ons for visitors, together with such public and semipublic facilities and fimifed professional offices; medical facilities, private recreation, commercial/retail and related visitor-oriented uses as may appropriately be locafed within the same district and compatible with adjacent land uses. The Public Accommodation District is intended to ensure adequate light, air, open space,. and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate sife development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nafure of Vail as a vacation community, and where permitted uses are intended fo function compafibly with the high density lodging characfer of the District. Further, Section 12-7A-2, Permitted Uses, of the Vaii Town Code states, The following uses shall be permifted in the PA Uisfr-cf.~ Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10f) of the total gross residential floor area of the main structure or structures on the site; addifiona! accessory dining areas may be located on an outdoor deck, porch, or terrace. In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the Austria Haus Special Development District. During the public hearing review process the owners at the Village Center Condominiums expressed a concern regarding the correlation between the number of loading and delivery vehic]e trips and • restaurant facilities. Specifically, the neighbors were concerned with the negative impacts noise, odor, aesthetics, etc.) associated with loading and delivery operations outside their windows and believed that one way of mit%gating those impacts was to minimize the number of vehicles trips by reducing trip generating uses (i.e. restaurants}. In responding to the concern,. the applican# agreed to place adeed- restriction or covenant restricting the current and fu#ure owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. A deed- restriction has been recorded with the Eagle County Clerk & Recorder's Office. The Austria Haus has been in operation since November of '1998. In that time the building has operated in accordance with the terms of the Town's approval. Staff contacted Johannes Faessler to acquire information on the loading and delivery trends of the building, According to Mr. Faessler, trash removal is provided 3 times per week during the busy seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as a result of the restaurant operation. Far the purpose of this amendment, staff recommends that the following agreement be made part of the approval and that said agreement be recorded by the applicant and/or his agent with the Eagle County Cierk and Recorder's Office: "The Austria Haus (herein "Properly') may not be used far the operation of a restaurant. The term "resfauranf" as used herein means an eating establishment which is full service, offering one or mare of a complete breakfast menu, lunch menu or dinner menu and which prepares fhe food offered at fhe Property in an on-site kitchen. The ferm `resfauranf as used herein does not include a coffee shop, sandwich shop or similar use which involves any one or more of fhe fallowing; 1) preparation of brewed coffee, tea, and/or espresso drinks of fhe Property, 2) use of a microwave oven at the Property, and 3) the sale of any one or more of fhe following; a) whole ground coffee beans, b) coffee by the cup, c) espresso%offee/tea-based drinks, d) fees and spices, e) espresso%offeettea-related equipment, supplies and accessories, ~ seasonal, promofiana! and branded merchandise, g) assorted food items including, but not limifed to, baked foods, desserts, frozen desserts, salads, sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and i) other non-food related items reasonably associated with fhe operation of a coffee shop. " C. Compliance with parking and leading requirements as outliined in Chapter 12-10 of the Vail Town Code. The Austria Haus development complies with the parking and loading requirements established for the site. The proposed major amendment has no impact on the parking requirement for the property as the parking generation rates outlined in Section 12-10 of the Vail Town Code include restaurant uses under the designation of eating & drinking establishments, The loading and delivery requirements of the Austria Haus have also been met. Like the parking generation rates, the loading and delivery rate requirements far a "lodge" includes all the uses within the building. Therefore, the loading and delivery 4 requirement has already been satisfied per the Land use regulations. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban [3esign Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process far the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. General GrowthlDevelaoment 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreations! uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever passible. 1.1 ~ Vail should accommodate most of the additional growth in existing developed areas ~infill}. 3, Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs- Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. - E, identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is propased, According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus development site is not located in any geologically sensitive areas or within the 100- year floodplain. l=. Site plan, building design and location and open space provisians designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation, Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes. G, A circulation system designed for both vehicles and pedestrians addressing an and off-site traffic circulation. • With the exception of a new sign and a new coat of pain#, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout tl~e development of the special development district, With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. V. STAFF RECOMMENDATIUN The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council of the proposed major amendment to Special Development District #35, Austria Haus. The Staffs recommendation of approval is based upon the review of the criteria outlined in Section IV of this memorandum and the evidence presented on Phis application. Should the Planning & Environmental Commission choose to recommend approval of the proposed major amendment staff recommends that the following finding be incorporated into a motion: "That the proposed major amendmenf to Special Development Dlsfricf #~~, Austria Haus, amending the conditions of approval by removing the condition prohiblfing the operation of a restaurant within the special development district, complies with the nine design criferia outlined in Secflon 12-9A-8 of fhe Town of Val! Municipal Gode. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon fhe tesflmony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the developmenf standards of fhe underlying zoning are outweighed 6y fhe public benefits provided. Lastly, the Commission finds that the request is consistent with the developmenf goals and objecfives of the Town. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the fallowing conditions: 'l. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). s 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front cif the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Cleric & Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. VI. ATTACHMENTS Attachment A - A copy of ordinance fro. 5, Series of X102 ,, • ORDINANCE NO. 5 Series of 2002 AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES Off' 1997, REMOVING A CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT {SDD No. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO, WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes 1=aessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 3~; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its March 25, 2D02, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail OfFicial Zoning Map.. NOW, THEREFORE, BE {T ORDAINED BY THE T®WN COUNCIL OF THE TC3WN QF VAIL, C©LORAD©, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: {deletions are spawn in st-rad~c thrladditians are shown in bald} SECTION 5 J. Uses -The underlying zoning for Special Development District No. 35 steal! be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail . with+ tl~e-e~sa~ivn-a~r::ticvirrntc ~ ci:aa~~ fc::d °^.~e-o~ra#+cnc. \vh+s~r ~hcll r,ot ~~ a!1e3n,~ed- SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. TI-~t I~:c cpp ~,^~Grc w ^~~~~~i~!ie:; ~ ca~-~,nt, c:.:~jest tc *.he Tc~v+~ s ++'(lf-Ff 011iC rL1l l1 CIA! •".n'~ ~~N\~[i~~l l r4C+r1 Y"`+°Tf1 +'~"1~ f^I iY7B'~~'11~~ I Y9~1°rr 1 ~ rc:.t~~; ~n~ yr ~>w:11^ rr. +h~'~u~tri~ ?-!~~°~ ~rc~c~ _ ~ ~~~r_i ~es4 Cr ~~~°~p# ryrMl~ ha corn rr+0 r~ uii+F, #Fio ~an~o ~'niin+ar f ~ar~ ~r:'~ 11~~3ti~Ys' e-pr+er~^ +"~p;:c~rt. _~..`~r~itti::~r s b~:fig-pcrr~i:. 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the Piatz'I. 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review pfOCeSS. 3. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'I Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator, dated February 5, 2002, as may be amended. 4. That all loading and delivery activity for the Austria Haus be conducted an the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus.. 5. The applicant, Johannes Faessler, or his authorized agent, shall cause this agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk $~ Recorder's office within 30 days of approva! on second • reading. Additional€y, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, yr his authorized agent, and any future tenant of the space. Fai€ure tv comply with this condition shall cause this approval to become null and avid. NOTE:, All other conditions of approval shall remain unchanged. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper far the health, safety and welfare of the Tawn of Vail and the inhabitants thereof.. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nar any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resalutians and ordinances, or parts thereof, inconsistent 10 4 herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED QNCE IN FULL ON FIRST READING this 2"d day of April, 2Dfl2 and a public hearing for second reading of this Ordinance set for the T"" day of May, 2fl42, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kure, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of May, 2fl02. __ _ _ __ Ludwig Kurz, Mayor Aftest: Lorelei Donaldson, Town Clerk 11 MEM{?RANQUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 28, 2004 SUBJECT: A final review of a conditional use permit, pursuant to Section 12-9B-3, "Private Or Public Off-Street Vehicle Parking Structures", to allow for an amendment to an existing conditional use permit for private parking, located at 3~64~ Gore Creek DriwelLot P-3, Black 5A, Vail Village 5th Piling.. Applicant: Vail Resorts, represented by Braun and Associates Planner: Elisabeth Eckel SUMMARY The applicant, Vail Resorts Development Company, represented by Braun and Associates, has submitted an application for an amendment to an existing conditiona[ use permit for private parking located at 343 Gore Creek Drivel Lot P-3, Black 5A, Vail Village 5th Filing. The applicant is requesting nine additional parking spaces in the private underground parking structure in Vail Village, which was granted PEC approval and a conditional use permit in August a# 2003. Sta#f is recommending approval of an amendment to the conditional use permit secondary to the condition Listed in Section IX of this memorandum I1. DESCRIPTI9N OF REQUEST The applicant, Vail Resorts Development Company (VRDC}, represented by Braun and Associates, has submitted to the Town of Vail Community Development Department an application for an amendment to a development plan. The applicant's request includes an addition of nine underground parking spaces to the already-approved 108 parking spaces within the private of#-street parking #acility located an Lot P-3, Block 5A, Vail Village 5"' Filing. If approved, the application would require amending the following approval; A conditional use permit to albw fora "private off-street vehicle parking structure" The applicant wishes to provide space far the additional spaces by increasing the depth of the garage, The original application far 108 parking spaces was approved in August of 2003. This figure has been expanded to a request for 117 spaces and has come about due to significant public interest in the parking spaces and the ability to excavate to a lower level af#er the water table was determined to be anon-issue. With the addition of the requested parking spaces, the applicant is proposing to extend the stairwell at the west side of the structure to the laver level of the garage, providing for an additional egress point at that level. The currently-approved plans provide egress far the lower level only at the stairwell located in the center of the garage.} each of the proposed spaces will be within an appropriate walking distance of egress and ingress locations within the garage as dictated by building code (each space less than 400` away from an egresslingress location}. The uppermost plate of the parking structure viii not be affected by the addition of spaces. According to the applicant, "no changes are proposed to the exterior of the structure or to the sur#ace of the site". Pedestrian circulation to and from the below grade portions of the parking structure will remain as proposed previously, occurring through a small on-grade building containing a set of stairs and an elevator. The applicant had a traffic survey completed which reflects that the addition of the proposed nine spaces would result in one additional vehicle trip during the peak hours (Attachment A~. A reduced copy of the proposed plans has been attached for reference (Attachment B}. III. BACKGROUND The applicant is requesting nine additional parking spaces in the private underground parking structure in Vail Village, which was granted I'EC approval and a conditional use permit in August of 2003. The request for additional spaces comes following the applicant's decision to respond to public interestldemand in these for-sale spaces. Additionally, it was verified that the water table was at a level which allowed for further excavation, thus providing additional parking. The structure is located on Lot P-3, which was rezoned from a Public Accommodation (PA} District to a Parking ~P} District at the same time that the conditional use permit was granted. The August approval and conditions are listed below in italics, with the pertinent rezoning and conditional use permit aspects of the I_ot P-3&J request identified in bold italics: A request for a final recommendation to the Vail Tawn Council of a proposed rezoning of Lots P3 & J, Black 5A, Vail Village 5"' Filing from Public Accommodation cane district (PA) to Parking zone district (P); a request for a final recommendation to the Vail Town Council for the proposed zoning of Lots 1 & 2, Mil! Creek Subdivision to Ski Base Recreation !1 zone district; a request for subdivision, pursuant to Title f3, Subdivision Regulations, Vail Town Code, to allow far the relocation of the common property line between Lots P3 & J, Block SA, Vail { Village 5`h l=ding; a request for a canditianal use permit, pursuant #o Chapter 7&, Title 12, of the Vail Town Code, #o allow far a "private off-street vehicle parking facility and public ~rark" #o be cans#ructed and operated an Lofs P3& J, Block 5A, Vail Village 5` Filing; a request for an exterior alteration or modification, pursuant to Section 12-78-7, Exterior Alterations ar Modificafians, Vail Town Code, to allow f©r an additirn to the Lodge at Vail; a request for a variance from Section l2- I 21-10, Development Restricted, Vail Town Code, pursuant tc~ Ghapter 17, Variances, Zoning ,Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 4C1°ro; and a request for the establishment of an approved ~ develapment plan to facilitate the construction of Vail's Front Door, and selting forth ~ details in regard thereto. (A more complete metes and bounds legal description is available at the Town of Vail Community Development Department) APPf~QVAL AND COND1T101VS Amendment to the Officio! Zoning Mao of the Tawn of Vail for Lots P3 & J The Community Development Department recommends that the Planning and F'nvironmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lots P3 & J, Block 5A, Vai! Village 5`h Filing. Conditional Use Permit The Community Development Department recommends approval far a conditional use permit, pursuant to Section 12-98-~, Conditional Uses; Vai! Town Code, to allow far a "public park" and a "private off street vehicle parking structure', located at 367 Hanson Ranch Road/Lots P3 & J, Block 5A, Uail Village 5~'' Filing. Staff's recommendation is based upon the review of the criteria ouflined in Section V1U of this memorandum and the evidence and testimony presented, subject to the following findings.' 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the 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, ar welfare or materially injurious to properties or improvements in fhe vicinity, 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve or forward a recommendation of approval of the applicant's to the Vail Town Council, staff recommends that the Commission makes the following conditions a part of the approval.• That the appr©va! of the condition use permits to allow for a public park and a private off-street vehicle parking structure becomes effective upon second reading of an amending ordinance rezoning Lots P3 & J, Block 5A, Vail Village 5`n Filing from Public Accommodation (PA) District to Parking (P) District. Should an amending ordinance not be approved by the Vai! Town Council, the approval of the conditional use permits shall become null and void upon the passage of a motion denying the amending ordinance.. 2. That the applicant submits a revised set of plans for review and approval by the Director of Public Works to the Town of Vail Community Development Department addressing each of the comments provided by the T©wn of Vail Public Works Department, prior to first reading of an ordinance amending the C)fficial Town of Vail Zoning Map. 3. That the applicant submits an off site improvements plan to the Town of Vail Community Development Department illustrating the limits of construction of all off-site improvements, as required by the Town of Vail Planning and Environmental Commission, prior to first reading of an ordinance amending the official Town of Vaif Zoning Map. 4. That the approval of the condition use permits to allow for a public park and a private off-street vehicle parking structure becomes effective upon the approval of the proposed major subdivision of Lots P3 & J, Block 5A, Vail Village 5"' Filing by the Vaif Town Council. Should the proposed major subdivision not be approved by the Vaif Town Council, the approval of the conditional use permits shelf become null and void upon the passage of a motion denying the major subdivision. 5. That the final approval of the request fo amendment the zone district boundaries of the 4fffciaf Zoning Map of the Town of Vaif to amend the zoning on Lots 1 and 2, Mfll Creek Subdivision shat! become effective upon approval of second reading of an amending ordinance by the Vaif Town Council. IV. ROLES OF THE REV1E'414f1NG BODIES Conditional Use Permit Rlanning and Environmental Commission: Action: The Planning and Environmental Commission is responsible far final approvalldenial/approval with conditions of conditional use permits. The Planning and Environmental Commission is responsible far evaluating a proposal far: 1. Relatiansh`rp 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 pubis 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. 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 ether 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. Design Review Board: Action: The Design Review Board has no review authority on a conditional use permit but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Gommission may be appealed to the Town Council or by the Town Council, Town Council evaluates whether ar not the Planning and Environmental Gommission ar 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 far ensuring that aft submittal requirements are provided and plans conform to the technical requirements of the honing Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation an approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DgCUMENTS Town of Vail Zoning Reauiations (Title 1 ~. Vail Town Cadet 12-98-3: CC}NDITIQNAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Major arcade. Private or public off-street vehicle parking structures. Private or public parks and recreational facilities. Public uses, private office and commercial uses that are transportation, tourist or Town related and that are accessory to a parking structure. Temporary construction staging sites. Far the purposes of this Section., a temporary construction. staging site. shall mean a site on which, for a temporary period of time, construction materials,. heavy construction equipment, vehicles and construction trailers may be stored. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Chapter 12-16: Conditional Use Permits 72- ~ 6- l : PURPOSE: In order fa provide the flexibillfy necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics,. conditional uses require review and evaluation sa that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter fs intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town of urge. Uses fisted 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 locatfan and operation of the conditional uses wilt be in accordance with development objectives of the town and wilt not be detrimental to other uses or properties. Vwhere conditions cannot be devised to achieve these objectives, applications for conditional use permits shaft be denied. VI. ZONING ANALYSIS Legal Description: t_o# P3, Block 5A, Vail Village Fifth Filing Zoning: Parking (P) District Land Use Designation: Vail Village Master Plan Lot Size: 16,858 sq. ft./0.387 acres Development Standard Allowed Proposed Parking: 148 (with previous approval) i 17 spaces Vll. SURRQUNDING LAND USES AND ZONING Land Use Zoning North: Residential High Density Multiple Family South: ResidentialfLodging SDD No. 28 (Christiania Lodge) East: Residential High Density Multiple Family West: Mixed Use Commercial Core 1 VIII. CRITERIA AND FINDINGS Conditional Use Permits The review criteria for a request of this nature are established by the Town Code. The proposed additions to the parking structure will be located within the Parking (P~ District. Therefore, this proposal is subject to the amendment of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Fac#ors Reoardina Conditional Use Permits: 1. Relationship and impact of the use ion the development objectives of the Town. Private Off-street Parking Structure The proposed expansion of the structured parking lot continues to implement the long-term goals of the Town and neighbors as expressed in the Vail Village Master Pfan. Staff believes that the proposal for additional parking spaces within the private parking structure on this site is in compliance with the development objectives of the Town. • 2. The effect of the use on light and air, distribution of population, transportatiion facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Private Off-street Parking Structure The proposed expansion of the structure for parking wild have few, if any, negative impacts on the above-described criteria, The effect of one increased vehicle trip per day is expected to be minimal to surrounding uses. As ail changes are occurring within the underground facility, the increased parking will not impede the availability of light and air to the surrounding areas. Staff believes that the proposal for additional spaces within the private off_street parking structure complies with the above- described criteria. 3. Effect upon traffic with particular reference to congestion, au#omotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Private (7ff-street Parkinn Structure The proposed addition of parking spaces on this site will have minimal impacts on traffic flow, vehicular and pedestrian safety, vehicular maneuverability, and snow removal. Overall, staff believes that the interior addition of parking spaces to the private off-street parking structure complies with the above-described criteria. 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. Private Off-street Parking Structure The underground parking spaces will be concealed below grade and out of sight of the adjacent uses. All at~ove-ground aspects of the parking structure will remain unchanged. Again, staff believes that the proposed structure improvements will not affect the previously approved conditional use permit protecting the existing character of the area. lX. STAFF RECOMMENDATIdNS Conditional Use Permit The Community development Department recommends approval for a conditional use permit, pursuant to Section 12-9&3, Conditional Uses; Vail Town Code, to allow for an amendment to a 'private off-street vehicle parking structure'; located at 360 Hanson Ranch RoadfLot P3, Block bA, Vail Village 5"' Filing. Staff's recommendation is based upon the review of the criteria outlined in Section Vill of this memorandum and the evidence and testimony presented, subject to the following findings: 4. That the proposed location of the use is r"n accordance with the purposes of the canditlonai use permit section of the zoning cede and fhe purposes of the Parking (P) District. 5. That the proposed location of the use and the conditions under which it will be operated or maintained will not be defrimentai to the public health, safety, or welfare or materially injurious to properties or irrlprovements in the vicinity. 6. That the proposed use wil! comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the Commission makes the following condition a part of the approval: 1. That the applicant, Vail Resorts Development Carnpany, submits a revised set of plans to the Building Department of the Town of Vail Community ®evelapment Department prior to August 1, 2004, illustrating the changes in improvements, as required by the Town of Vail Planning and Environmental Commission. r x. ATTACHMENTS A. Traffic Survey B. A reduced copy of the preposed plans I' 8 Attachment A Kfmle, r . H s ti i3P lai 1w.~ P i x~a." I r~ .. ~;w, C. • ~._+1 ~ P1~'L~c 7G1 ~frFEi tIEYJeI. w?.kLdZCS TDtiv11 Ut t'A11 E~Y~ 1.}~~,arhlltllt U~ Ptik?liC ~~'LY11f5~~1•Ii1I1$pUrt"c1tiLlx, 1~1K1 ]Ikhcrrn 1?rivr. ~'~al, ~.{~ iilh5i' Attn: clTe; Hall, I'.1. C} i r~c:lnr Rr: U~z!{2lc c~i Tr~allic Ettl;izltaril~~, Slud~.~ lorF3d;.J ti%~ai], C'alara.cla ~Je~ r '4Tr. l~rtl3: This letter has lx~tn pt~:l->..lrcd to }lrn~ide l~[~u ti4ith an upzlate of the trip ~encratS.arn prc~-iousl~ cal~ul~ltcd for t11L ~~rc~}~~ccl Pa~J p~-kizlg st~•ucture. This upcl~te st as ~~rcY-xtptec~i 1?;: changes tct tL~ plan inyc?lvin~ a sli Jk, t it~crra~. to llta~ l7~rkiat~ stntchile ist~luilitig l:l' laarkin~, sl.~a~i~s, ~'~'hr.>.ri~<ls the priQiru~l ~ludF• ivati cunilttCl~~tl. Fz~r 1.(~r parlrin~; 41ti.liE~¢_ Thar idt_ntifiarct 117 parkinl~, sl~acczs ~vitltin thr~ l,arkin~ structure are still plannc~l to >r+c #t+r s-tle t~~ t11S: ~cibli.c. Per tllc ~'oztrn of ~'~til's r~~u~~t, hip ~enc;.raticm ~a1cuL~l-fans ~+~~re cerniuotec~ to dike:mine the ~~ck.ittme e,~ n~tiv trips f'xprt'tetl lry this recce<<rlol~ms~.nt~ "l-h4a 4~~tne trill ~rnerati<m nlr.thndolovw• k~ravianrtiS apl~ra~~•r:cl was u~:cl zlp,nin st•ithirl this anal-vsi:;. 'l'he 'I. l7 pat~kin~ s~.-aces ~rupased .t'r~r sale at T'3{~~ a.. anticir;~trst tz~ attr~c•t tec:lciikit,r,al 1?:lk`,C.n~Nr t<tr vehicle trills. E3ased til~«rs inil.ial inLrrc~i in the p,•o}~; ra m, i l is e:rj.k~-l.e tl I.ku.t t at least ltalf of tkt:~ 1~ar ~ i n~; :ski ~ti•.4:fi v: i I I kac sn 1 d lc± ]rxul rc.•~sdellls tr-llc, wlre~aafv~ c,~~-tt hi:irics in tku: z~i_it~hl=~urht~a~d. t~s saelr,il is assumed one halt oc the ilc1~ spaces c'<~*_1i r_ot tee.=ake no~~.r trips. Ther~~Ecrre, it i21i'i S,7k' tSS'Lli'f:kvil kllrzt L:f tk:r_ ttlt~tl 1'l; sp:z~es..5~ will rentai.n #or ~il~ I:Cl th.: ;~uk?lla:tr~rtlftvtnpLl.SH. E,)ttlli:~i:'~i~i]rl::Tl4'~}4"slt.'k"ti,ltl.°itl."+511111L'Cll.l'lil~llslllClt V the l?iu•kirtl, sltztz.es tic±ul~i kae. full un aan'~ t;i4t~rll~taa€c dati-, rc~ultitl~, uasl clan}° trip nenirrati.~al t7f ~4 ~~ e h i;.lc s m:ilti Ili ~ li 1:r i ps ftrna~ c~ nta~rine; and ~~ne exitinf;). Based up~~~l t;rc cslilal~aic that :~~ ~~cs-cc:nl art xtll al~rltais,:'tici}artures ra~cur c~.urin~ tT,e cc~lllmnn peak hour, ten (1.f1 j peak hc7u1• trips are ~x~ctecl cu,. ara~ itaell p~alt ~ltat°. Tlzege 7 Q kri~~s ~k•oultl ~ enterilt~ vehic.•l+esit:t tl:ar 1.P~1 ~,~,rk luaus xznr.l exitill~ velsiJ.eS in tr3e I'~ s pN.a'~ 1u31:.r. ~: t ie8 23.9 f"r.y s:J ~ ~:~ • la . s:.cfL ;azu; a'.~'._ rt, ~, {nrc. v:,fy~z I T1ii• pri:yiuus s'iu~ d~ for tl~t 1i)ri park9tii~ sfa£ic'e~ det•~rcttuacd a Ltlt~i crf ~ ~rFaak 1Y/ hotiu' 'rri~~s. T1~er~fnrl~, tizc aciditinna[ nicio (parkins; S~a._cs l~rcl~i~~rd arc I:xFe~te~i tr.a iru:c•c~asi~ t3ir. sx:alC hnu r trisic;~i~ti- "[ tri}~ ;a'cam t13.~ t:lat~ iuus s~rc~lxxal _.au~ sh:cl~•. l•~.~e hvf-,r that this l~:ttcz ~rovidc:s sltffici~nt Yiak~a t€~ ta4iaress kh~ Gris.T sjYrarr~at'icfn c.}f the aciY~.tic+raal }.,~,yr,,52ti p~.rking c~;aces. !t ti't~u hate any c~c,gstic}ros ~~r t-onunezt.ts ie~cu:clir4; the a~es~,z3ts C,rc~awra. this tr~tti.c er•~la;xatiaxL s~lrasc ~ivc~ anr;a e,c(I at (.:~C)3) 2Zt+,-?1C?`~, `~ancereic~, -~~~'~~ :K1i1•iL~,Y-N_C)f2.V r`L`~CL) .~~C~C:1~'1'15, iN~. 'r,,;~t~~ C urti5 l). Ilca~•e, i'.F~. , !'1'C.?I: ,~v°''~I~~~°~ . .ti`•1 ' 4 ':~~o~rrt~. ~.~ F~;•TP"Tsry;F.S]1:=1'i.,f1,RF.CCIR>;'.1'~I;. 4Tf a..:".r r"1411-'`I'I I'!i :M1Llar.':f'. • - - -- Attachment B C i l - - ` _~___ a~ ~ a 1 • *_~n _ ,.sw ~ ``, ~~ ~~ ~~ f r - uefffc r.~vc,L PLAN ~ ~, ;~ a a~,~m~.. 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Iw. r-a ~ ~ _-~ I.675P-9&J, GhRACE LEYEL 7 FlAafi PLP4N ~1o<I scat Ua' - r-i' MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 2$, X004 SUBJECT: A request for a fl'aodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Cade, to allow for snowmaking system improvements within the Gare Creek floodplain located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Braun Associates, is requesting approval of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain located on an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road. Based upon Staff s review of the criteria in Section Vl) of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the requested floodplain modification, subject to the findings noted in Section VIII of this memorandum. U. DESCRIPTION OF REQUEST The applicant is proposing to modify the Gore Creek floodplain to allow far the construction of improvements to Vail Resort's snowmaking infrastructure located adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road. A vicinity map has been attached for reference (Attachment A), The proposed improvements involve modifications to an existing intake pipe, replacement of an existing starmwater drain pipe, and the installation of a new intake structure. Amore complete description of the applicant's request has been attached for reference (Attachment B). Additionally, engineering plans, a floodplain study by Hydrosphere Resource Consultants, the US Army Corps of Engineers Nationwide Permit application, the US Army Corps of Engineers preliminary approval, the State of Colorado CDPS General Permit approval, and a review by the Town of Vail FEoodplain Coordinator, have ail been attached for reference (Attachments C, D, E, F, G, and H}. Pursuant to Section 12-12-3, Vail Town Code, staff has determined that an Environmental Impact Report is not required for this proposal since this propose! is an "alteration, repair and maintenance of existing structures and site improvements" and "on the basis of a preliminary environmental assessment covering each of the factors prescribed in Section 12-12-2" this project "is found to have an insignificant impact on the environment." 1 III. BACKGRQUND This proposal is one portion of Vail Resort's proposal to relocate the ski mountain snowcat 1 access route from West Forest Raad to a route across Tract K, Glen Lyon Subdivision. The Design Review Board reviewed the design review application for this overall project, including the flood plain modifications, at its March 17, 2004, public hearing. The Design Review Board directed staff to approve the design review application for the proposed improvements once all necessary Planning and Environmental Commission and Town Council approvals were fnalized. IV. BOLES Qi= REVIEV1fING BODIES Planning and Environmental Commission: The Planning and Environmental Gornmission is responsible for final appravaliapproval with conditions/denial of a flaodplain modification application.. Design Review Board: The Design Review Board has no review authority of a floodplain modification, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Gounci! evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision.. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a memo containing bacEcground 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 DQCUMENTS Town of Vail Zoning Regulations (Title 12. Vail Town Codel Section 12-12-3, ENVIRONMENTAL IMPACT REPORTS, EXEMPT PROJEGTS din part) An environmental impact report shalt not be required far the following projects: • 2 A. Alteration, repair and maintenance of existing structures and site improvements. 13. A phase of a project far which an enviranmenta! Impact report previously was submitted and reviewed covering the entire project, provided that the protect was approved and not subsequently altered. C. A project which, on the basis of a preliminary environmental assessment covering each of the factors prescribed in Section 12-12-2 of this Chapteris fi~und to have an insignificant impact on the environment. The preliminary environmenfal assessment and the frnding an environmental impact shall be made by the Adminr"stratar. Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) ~. The Administratarmay require any applicant ar person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent praperfies, or increase the quantity or velocity of flood waters. Town of Vail DevP[ragment Standards Handbook {Title 14. Vail Town Code? Chapter 14-6, DEVELOPMENT STANDARDS HANDBOOK, GRADING STANDARDS {in part} Floadplain Standards: Na grading is permitted in the 100 yrear floodpfain without Planning and Environmental Commission approval. !fan applicant wishes to grade into the 900-year floodplain, an environmenfal impact report is required. The environmenfal impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in wafer surface profile and velocity, as well as stafing that there will be na adverse impacts to adjacent properties. No perrnanentimprovements shall be constructed within 1' of the flaadplain line. The flaadplain line shall be determined by a registered professional land surveyor by platting the appropriate elevation of the floodplain an a maximum 9" 20'topographic 2' cantourmap using the adopted Town of Vail flood profiles (the Federal Emergency .Management Agency F1aad Insurance Study). The topographic survey shall reveal the method for determining the scarfing paint and the starting elevation far the floadp/ain delineation. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and 1=EMA may be required. 3 Vl. PREt1MINARY ENV1J40NN1ENTAt ASSESSMENT In accordance with Sub-section 'E 2-12-3C, Vail Town Code, Staff has conducted a preliminary environmental assessment covering each of the factors prescribed in Section ~2-12-2, Vail Town Code: A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature. Staff response: This pr©posal will have an insignificant impact on this factor. B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. Staff response: This proposal will have an insignificant impact on this factor. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. Staff response: This proposal will have an insignificant impact on this factor. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. Staff response: This proposal will have an insignificant impact on this factor. E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form change or hazard to health and safety. Staff response: This proposal will have an insignificant impact an this factor. f/. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. Staff response: This factor to not applicable to this proposal. ~. involves any process which results in odor that may be objectionable or damaging. . Staff response: This factor to not applicable to this proposal. H. requires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site. ~ 1 4 Staff response: This factor to not applicable to this proposal. I. Discharges significant volumes of solid or liquid wastes. Staff response: This factor to not applicable to this proposal, J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. Staff response: This factor to not applicable to this proposal. K. Involves any process which generates noise that may be offensive or damaging. Staff response: This fatter to not applicable to this prapasal. ~. Either displaces significant numbers of people or results in a significant increase in population. Staff response: Th[s factor to net applicable to this proposal. M. Preempts a site with potential recreational or open space value. Staff response: This factor to not applicable to this proposal. N. Alters Iacal traffic patterns or causes a significant increase in traffic volume or transit service needs. Staff response: This factor to not applicable to this proposal. U. is a part of a larger project which, at any future stage, may involve any of the impacts lusted fin this Section. Staff response; This factor to net applicable to this proposal. Vll. CRITERIA AND FINDINGS A. The Planning and Environmental Commission shelf consider the fallowing criteria when reviewing an aoalicatian far a modification to the tloadplain: The proposed floodplain modification will not increase the quantity or velocity of flood waters. Staff response: The technical analysis provided 6y Hydrosphere Resources Consultants, dated May 27, 20Q4., states that this proposal will not increase the quantity or velocity of flood waters (see Attachment I~). The Town of Vail Floadplain Coordinator has reviewed and confirmed this opinion (see Attachment H), 5 2. The proposed floodplain modification will not adversely affect adjacent properties. Staff response: The technical analysis provided by Hydrosphere Resources Consultants, dated May 27, 2004, states that this proposal will not adversely affect adjacent properties (see Attachment D). The Tawn of Vail Floodplain Coordinator has reviewed and confirmed this opinion (see Attachment H). B. The Planning and Environmental Commission shalt make the faAowina findings before ar~r~rovina a foodalain modification:: 1, The proposed floodplain modification wi[I not increase the quantity or velocity of flood waters. 2. The proposed floadplain modification will not adversely affect adjacent properties. VIII. STAFF RECOMMENDATION The Community Development Department recommends that. the Planning and Environmental Commission approve, with conditions, the proposed floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow far snowmaking system improvements within the Gore Creek floodplain located an an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road. Staff's recommendation is based upon the review of the criteria in Section V11 of this memorandum and the evidence presented, subject to the following findings: The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the technical analysis provided by Hydrosphere Resources Consultants, dated May 2T, 2004. 2. The proposed floadplain modification will not adversely affect adjacent properties, based upon the technical analysis provided by Hydrosphere Resources Consultants, dated May 27, 2004. 3_ Pursuant to Section 12-32-3, Vail Town Code, submittal of an Environmental Impact Report is not required for this proposal. Should the Planning and Environmental Commission choose to approve this floodplain modification request, the Community Development Department recommends the following conditions; The applicant shall submit verification of US Army Corp of Engineers l approval of a Nafionwide Perrrtit 18 - Minor Discharge to the Town of Vail Community Development Department prior to the issuance of building and grading permits. ~ i i 6 2. The applicant shall submit a stamped improvement Location Certificate and "as-built" topagraphic survey to the Town of Vail Community Development ' Department for review and approval, prior to Town of Vail final construction inspection. 3. The applicant shall comply with all requirements of all necessary state and federal permits and appravals. 1}C. ATTACHMENTS A. Vicinity Map B. Applicant's letter of request C. Engineering Plans D. Hydrosphere Resaurce Consultant's analysis t;. US Army Corps of Engineers preliminary approval F. State of Colorado CDPS General Permit approval G. Town of Vail Flaodplain Caardinator Approval H. Public Notice • • 7 Attachment: B ~ CAI/~BZAI~N ASSOCNATES. pNC. P€,ANNBNG and COf'1MUNITY DEVELC?PMENT June ?, 2{104 IVIr. Russ Forrest, Director Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Modifications within Flood PlainlVR Snowmaking System Dear Russ: As you know, Vail Resort's sno~vcat access/snowmaking improvement project involves a number of components. Three aspects of the project involve activity and/or improvements within the IQO-year flood plain. These include the removal aFan existing snowmaking wato;r intake pipe, the construction of a new tivater intake structure and the replacement of an existing stormwater drain pipe. Chapter 6 of the Town's Development Standards Handbook regulates "grading" within the flood plain. This chapter of the Handbook requires submittal of an environmental impact report and requires Planning Commission approval for any grading within the flood plain. This letter provides a description ofproposed modifications to the flood plain and an environmental report addressing proposed modifications. Description of Proposed Madr'fications Three activitieslmodificatons within the flood plain are proposed: Existine Snawrnakina Intake Pine The snowmaking system's existing intake pipe is located within Gore Creek. This pipe extends above the creek bed from which point it extends underground to the pump vault an the south side of Gare Creek. The exposed portion of pipe will be cut back to the creek bed and covered with river rock.. The remaining portion of pipe will be filled with concrete. Revlacement of Existing Starmwvater Drain Pioe An existing 12" storm drain outfalls into the creek immediately west and south of the ERWSD treatment plant.. This pipe will be replaced {in the same location} by a i2"pipe and an 18"pipe. This improvement will also include a 3,000 gallon sand/oil interceptor, These pipes tivill daylight from a new concrete head~svall. EdwardsVildage Center, Suite C-Z09 Ph. - 970.926.7575 01(35 Edwards Village Boulevard Fax - 970.926.7576 Post ~3ffice Box 265$ wwwbraunassotiates.com Edwards, Colorado 8 1632 New SnowrnakinQ Intake Structure The new intake structure is a concrete box approximately l0' wide and 3' tall (as measured frorn "normal 4vater level". Two 3~5" pipes will extend (underground) frorri this box to the snawrnaking vault. The box is benched into the south side of the Greek bank. Low boulder yvng walls will die located at either side of th.e box, This grading into the creek bank will essentially "lower" the Greek bed and in doing so will allow the water to reach the intake. A temporary Gaffer dam will be installed during Construction in order to divert water away from the constn~ction site. The bridge abutments, the snowmaking vault and other components of the project are Iocated outside of the flood plain. As such, these specific elements of the praj ect are not addressed by the environmental impact report. Environmental Impact Report In lieu of utilizing Chapter 12-Environmental Impact Reports of the Zoning Regulations, Chapter 6 of the Handbook stipulates the environmental considerations to be addressed for any proposed grading within the flood plain. These include the fallowing: Vegetation The creek bank in this area has been impacted over the years. Existing vegetation is sparse, consisting primarily of willows and various weeds. The steep slope of the stream bank, gravellcobble soil conditions and uncontrolled run-off from the adjoining parking lat have limited the ability of vegetation to take hold clang the bank. f The landscape plan (this plan has been approved by the Design Review Board), proposed for this project includes additional plantings in this area. In addition, the curb and drainage improvements to the parking area will route runoff from the parking lot away from the creek bank. Riparian Areas Riparian conditions throughout the area of the entire project have been impacted by stream channelization to accommodate the bike path (to the south),. the bike path bridge, the parking loC and the waste water plant. Riparian habitat imrriediately surrounding the proposed improvements is not adversely impacted. The landscape plan (this plan has been approved by the Design Review'Board~, proposed for this project includes additional plantings in this area. In addition, the curb and drainage improvements to the parking area will route runoff from the parking lot away from the creek bank. Over time these measures will benefit the riparian GarT1I11Unlty. Hydraulic Calculations Tfie proposed improvements within the flood plain will alter the creek bank and i.n doing sa affect the creek and water course. An analysis of this condition has been completed by Hydrosphere Resource Consultants (see attached letter dated lYlay 27, 200. This analysis concludes that neither the intake stnichue ar the storri~ drain, pipe will not result in any increases in the quantity, depth and /or velocity of flood water and that the proposed project will not result in any measurable change in the flood plain and will not adversely affect adjacent properties. Other information provided with this application includes an application form, filing fee, adjacent property owners list and envelopes, and design. drawings. Please da not hesitate to cantaet zne with any questions you may have regarding this application. Sincerely, ~v`"~ Thomas A. Braun Encl. Cc; lack Hunn Jay Peterson • Attachment: G ~. _ ~:~~-, . _~_( ~~ ~~~ ~ ~~ x `.:~J^` `~ _ `~ ~ f Y ~ ~-T n ~ re ~~, 1t'~, ~~. W ~ ~ ~~ Ir~{ $*~ ~ J C ''`~, b a 4 i ~ J o i F +~ } ~ ~~~ E ~~ ' D ~ ~ ~ l LL.t ~~ ~.& ~~ ~ W ~ ~ r e ~ ~ ~ -. U d" ~,~ r Q ~Q 4 r- 4 1J ~ ~ ~ ti ~ W c J ~ ~ ~ ¢ ~ W ~ ~ ~ 1 ~ ~ .~ ~ lf? _ ~4 ~ f ~ ` ~ ' --~~ -Cf3- ~} ~~ ~ ~ t~Q Il Q~S ~ : ~ ~ ~ i ~~ 1 o~ 4 ~ ' }~ ' ~ ~4 1 4 i 1 '. ~ J i~l _.: ~ ~ ~ ~ p ~~ ~ 4 {-~ ~ _~ -" a~. r 4 ~ ~ ~~ a ' Q ~ 1 !! ~ ~ ~ ~ ~ ~O I~ n~1 ~'\ d m i ti 4~1 ~ ~ ~4~` ~ ~ 1 I ~ ~ ~ 1 '~ Il~ ~ 1ti ~ I ti ~ ~ q ~ ~' 7~ ~ ~~ 5 I7 d ~ 4 d. l- p J t ~ ~ O zd ~d'~~. O 3 ~ Ms c ~ ~ ~'~ fL cn 11 ~t~` ~~ ~ ] r k ~ _ _ ~ 2~.8' in I ~ ~~ ~ ~ `~ i u; ISEGTIQN 3 ~I/ f~f ~ 1V 11~ V • •I _ ~ _. o d G m ., --,.- m_,,...., ~._..~,_~t. ._ .^ ... 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II 4 ~'° m ~~ W` ~ 'tK Y ~ ~w ~j m" ny- ~ P `a s l I u:v8 'a~ aa' F- r Vti! ^]]M3kH7 ~ LL 0 ~, ~a ~.,~ czn .- sromu.e ]arn o~ ~ " b.~ri o3oYC7n 1 7 1n ~~ II t May 27, 2004 Mr. Gregg Barrie Town of Vail 1309 Eikllonl 17rive Vail, Colorado S 1657 RE: Vail Resorts Snow Cat Bridge and Snawnlaking Intake Construction 1]earGregg: Vail Resorts is preparing to construct a new bridge across Gore Creek and replace their e~:lstang snowmaking intake located near the Vail 'vVastewater Treatment Plant, just upstream. fraln the confluence of Red Sandstone Creek. This project has been reviewed and approved by the Vall P1a1ll1I11~ alld EI1vlraallllelltal Canllnlsslon alld the l}E51~n Review Board, contingent upon analysis ofpotential flaodplaill impacts and compliance with section 12-21-1011 of the Vail Town Code, The purpose of this letter is to report t$e results of our analysis of floadplain impacts and tp doculxlealt project desi~Il modifications that have been adapted to prevent increases in the quantity, depth and;'or velocity of flood waters. Pursuant to our telephone discussions, our assessment of potential floadplain impacts involved an analysis of the proposed irnpi°ovements using the 1978 HEC-~ hydraulic model that is the basis far tl~e currently effective Fload Insurance Study, dated Novenlbea- 2, 19$2. In addition, we completed asite-specific inspection and survey of strealll channel cross suctions tiu-augh the project area. This inforlnatian was used to evaluate the proposed inlprovenlents and implement design modifications to assure that there will be no net change in channel geonletl-y and therefore no change in flood elevations or velocity. The existing conditions infolnnation for the HFC-2 Hydraulic model was obtained directly franc FEMA and consisted of an undated "green bar" hard copy of the input/output sunlnlary of hydraulic calculations together with a copy of the work neap of the area. bVe reviewed this illfornlation and used it to reconstruct the 1°~EC-2 ]lydraulic lllodel for the area where the propase.d pl-oject is located. The flood hydraulics for this area were based on very silrlple geometrically defused chan.ncl crass sections, regulatory' cross sections 1$.92 and 18.93, located i~llnlediately upstream and downsireanl of the proposed improvements. I "sill '~ .I I:IS°~. ~.I~. . { li~~. .li i~. • I~. ~i:'i~ l' II; ~~ ~.'31i5r•'6>- Mr. Gregg Ban°i May 27, 2404 Page Z • The HEC-2 made] did lint include any stream channel crass sections located in tlae in7mediate vicinity of the proposed bridge and the intake structure. liar the cross sections located upstream and dawnstrea7~~ afthe g~roject area, asub-critical flow assumption was used for the hydraulic calculatiol~;s. Tl1e repeated "critical depth" con•Iputatians diagnostic indicated that the mathematical mode] could not balance in the assumed sub- critical flow regime so the model automatically defaulted to computation of the critical depth for the assumed 140-year flood flow rate at each crass section. The hydraulic grade line water surface elevation) far the 100-year flood through this reach is the result of connecting tl-Ie individual upstream al~d downstream paint calculations of critical depth. The water surface profile through this reach can therefore only be colrsidered approximate. Our site specific survey and inspection of this stream reach revealed the existence of a vely geometric and constrained cha~ulel section with no 100-year overbar~ks and limited opportunity to n~,itigate chal}nel encroaclunents with conveyance inaprovenaents. The approxin~.ate e]evatiol~ of the hydraulic grade line of the 100-flood i.Iadicated by the n~odeI for the area between tl~e proposed bridge and the new intake was 8081.7 feet, wlucll would be about Z to 3 feet below the bike path to the south and about 15 feet below the parking lot to the I]ol~th of the creek. Tlie site plan showing the proposed improvements is attached. to this letter as Exhibit 1. The Shaw Cat Bridge abutments would be located at elevatiol~,s of 8086 and 8087 to the north and south of the creek respectively, which would be well above and outside of the 100-year flaadplain slid vtTill 3iave no impact on the regulatory floodplain. The proposed now intake structure and the new stoni~ sewer outfall, bath aI1 the north side of the creek., would be located at least partially below the 100-year flood elevation and inside the mapped floodplain. The remainder of this letter therefore addresses potential impacts aSSOCiated wIt17 these stI~IGtureS. Exhibit 2 illustrates stream channel cross section geometry at the proposed intake location under existing conditions and future conditions Following coI•tstruction. The new water intake structure was originally proposed with rectangular encroacl-unent into the floodplain, Uegiruling slightly below the norrnal water level as shown an Exhibit 2. Our il~itial qualitative evaluation of this structure, based upon its impact on ehal~IZel geon-Ietly, concluded that it would result in an unacceptable floodplain encl•aaclui~ent. We therefore recon~iz~ended modifications to the design of the intake that involved moving the stz•I.ICture back into the streanibank and changing the design to reduce the height of the structure so that it more closely conforms to the slope of the existing bank. Tlie project engil7eers have accepted these recomn~endatio~~s and modified the design so that tine intake will not cause a significant deviatioa~ i7x the geometric ba~~k lira. The shaded area oI~ Exhibit 2 in fs-ol-It of the intake control gate represents a widening of tl~e bottom of the stream channel by about 4.5 feet and a deepening of the channel edge by about 2.5 feet. `1'he shaded area along the ul3per bank above tiie proposed is7take structure shows some additional flood conveyance capacity due to ~videning a~~d deepening flf tha. ehan.ne] below tl~e 140-year flood level. The additional chaivlel conveyance capacity u.,,a..,,,.,,i. ~...,. ~~.,... ~....... r'..~..•~,t~.,~,~~ t,,.• Iflrl~ l~'nln ni Stex•.f•.I Sufic 2r]0. IIouldcr. C'O 8i]30~ Mr. Gregg Barri May Z7, 2004 Page 3 _. represented by these rnodiftcations 4vill more than offset the impacts associated with the ` upper cot~rer of the structure that extends about 2 feet above the existing bank. This corner of the structure would be similar to the size of existing boulders that are found in the stream and on the banks tYu-ough this stream section. The Exhibit 2 cross section dernot~strates that with the modified intake design, the structure will rrot result in a significant georrretric encroachment. In the absence of a reliable, pT°ecise hydraulic model, approxin-rate conveyance cari~p~ttations wero made to determine the change in the chatuiel's ability to carry water at the intake cross section under existing and proposed conditions. Tl~e results of this analysis are presented on the attached conveyance curve (Exhibit 3). At the nom~al flow level the channel conveyance would >~e increased by approxiT~nately 19%; at tl~e level of the top of the proposed intake structure, conveyance would be increased by about 1%; and at the 104-year flood level, conveyance would increase by about 7%°. Since tl~e channel conveyance is actually increased, at least a small arnouTit at all stream stages, the intake will have no significant impact on the regulatory flood elevation or velocity. Exhibit 4 illustrates the before and after streaTn chanrTel cross section geometry for the proposed location of the new stornl sewer outfall. This cross section demonstrates that i there will be no measurable deviataon in geometric bank line beriveen the before and after ! conditioTs, and therefore no umpact on the regulatory flood elevation or velocity. In conclusion, the results of our analysis of floodplain impacts indicates that, with the project design T~.ZOdifcations descriUed aUove, the proposed bridge, ia~take facility ar~rd ston~r~ sewer outfall structure will not result in any increases in t11e quantity, depth andfor velocity of flood water. Therefore, the proposed project will not result in any measurable change in the floodplain and will not adversely affect adjacent properties. Please feel free to contact me at (303) 443-7539 or dlaiho cr hydrosphere.coni, if you have any questions or need any additional infor-nation, Sincerely, Hydrosphere Resource Consultants, Inc" by: ~~ 1•?ot~las R. Laiho, P.E. EnClOSTlreS cc: Bill Kennedy, Vail Resorts Gary Brooks, Alpine Engineering, h~tc. Thomas A. BratTn, Eraun Associates, lnc. ~( CI1~J L1J LCJ~4 14: 4CJ ~~ ~~ ®~ ~ r l7L~il L.~~a ~ Fax ~'eader Sh~ef U.S, Airmy Corps a~ Engineers, 5acramenta Dis~ric~ Co~c~radolGttnnson Basin Re~uIatary ~Off ce 4S~ Rood Avenue, Room 942 Grand Jun~:ion, Colorado $1~a1.2563 9TQ. 243.1199 Fax 970, 24.9.2355 To: ~ R . ~ F ~ 1 Y'~.~n erJ~ y - ~~ i } 14ttachmer~t: ~sar#~ ~eve~ ~~rr` ~~~ ~,y FrDR1: , ~ ~N K ~ ~ ~ '~+ ~ f ~ n Cc~loradolG~nnison Base Rec~~tfa~ory ~f~ce Releaser's Signafure: ~ Numb er of pages Including cover, ~ ~ Gvrriments: '+,~a; ~ ~~- ~nvw ~~ C~r;~ye. c~s~`-iruc"~,rv., ~nc~w rng1/ i~~ ~,~~A~e ~CI77S~rut~~I 4~a , r3~11,~ 1 5~3a ~e r,,,1 i~ Gi~T~S 7"v c~a]Je ~ p y ~ihu~ le.f~e~^, cotre~;~,~ ~e ~i~.s~i,1r1`c~' T h~. ~2,~(' 15 ~JJ'7 ~} ,p ~4~Y41Yt~/t7a ]~i C ~/~71oy~ r Ct7 Al''Q C'vm~~i iH~ c?~Q /j7 / ,tar3 ~.~ ~. ~t1t^c~ ~ ~OC~ ~-C.d1Y~liy /~~f ~~'~'+7~vi~ ~c.7~WE"Cyg . ~/G~ t~ ~SSdt rc.~`~ S ~ ./~Eitvl'C~ ~~ $~ f~;~<< er~~, > SO+ Q S ~c -~-ri(c,~ ~~'f~' er )'C (1 C L+.•Q S ~ ~~3Y~?.S O ~7-%C ee, .~ LvG Mark G~ifil#an BlaiogistlP%~ect Manager , Co6oradvlGunnts~n Basin Fiegutatary t5ffice any Coups innrrs PerPto Dissrict ad Avenuq Ftocm 142 (970} 243-1199 eat. 15 unci3on, Cabrada 89501-2663 1=eac (970} 241-2358 ~k.assce,arrrty.mil tr~ar~ftllanfa?tsagep„grrtfv.mi~ ::l:r+; d1i~ P4i.Qdr. n:a ~Pyx:aflc ro:.~c~+.~[:r`Q whala .oUnsviriPp r~a;«-.rraPaf~` ~`::1~.7.w,',P d:;!'::+;:.i? n~.~> ~r, a:..^F~? 3:.~/ ~.;,a5i7.: ~",^..±..1::~ :~?':r,Si z:'., _ r d L{Y ~ ty~.G, ~~Y~ C7 , IrLr missal o,~rrr+~ ~.nn7 X17 .unn • • r: Attachment: F • STATE OF COLORADO Bili Owens, Governor ! Douglas H. Benevento, Executive D7irector Dedicated Ro protecting and improving the health and environment of the people of Colorado 43D0 Cherry Creek. Dr. 5. Denver, Colorado 8024fi-1530 Phone (303) 692-2000 TC)D Line {303) 691-7700 Located in Glendale, Caforada h ttp:l/wwrv.cdphe.state.co,us Apri128, zoaa Laboratory Sen.+ices l7iviss'an 810D Lawry Blvd. Denver, Colorado 8023D•6928 {303) fi92-3090 Bil! Kennedy, Project Manager Vail Resorts Development P.O. Box 9S9 Avon, CC) 81620 ot= - coo H ~ (~ * r87fi ~` Colorado Department of Public Health »`.''':- and ~,nVErfln[neftt RIJ: Certification, Colorado Wastewater Dr`scharge Permit System: Permit Nurraber: COG-070000, Facility Number; COG-071676 Dear Mr. Kennedy: Enclosed please fond a copy of your certification that was issued under the Colorado Water Quality Control Act. You are Iegally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and if you have any questions contact me at {3(13} 692-3599. Sincerely, ~~~:' Darlene Casey, Program Assistant Water Quality Protection Section WATER QUALITY CONTROL DIVISION xc: Bruce Kent, Permit Team Environmental Protection Agency Regional Council of Government Eagle County, Local County Health Department Andy Poirot, District Engineer, WQCD Permit file Permit Fees file PAYMENT IS DUE iJPON RECEIPT OE THE PERMTTICERTI.P'iCATIf7N PLEASE WRITE YOUR PERt~~IIT NUMBER. ON YOUR CHECK TC ENSURE PROPER CREDIT PERIYIIT CQC-071676 INVOICE # 500006262 Your vermit covers twn (21 nuarters ALtiIOUNT DUE ~ 296.00 Make chec4cs savable ta: Colorado Department nFPublic Health 8c Environment »?G'f3 Chem Creek.. Drive Soucb, A5D-Ax2-31 Denver. CQ $Q24~6-1530 IT IS ESSI±,NTIAL THAT THIS FOR11d IS MAILED PIi ' WITH YDU'R PA.YiY~ENT. Permit TIo. CpG-070000 Facility No. Ct7G-0?1674 Page 1 CERTIFICATION AUTIIORI.ZATlON TO DISChTA.RGE UNDER THE CDPS IND USTRIAI GENERAL PERMIT FOR CONSTRUCTION DEWATERINC bPERATIONS' (SIC Na: 1 b29) ' Category 17, Subcategory 3, General Permits, Current fee ,296. DD for 2 quarters per CRS 25-8-SDZ This permit spec~cally authorizes, Pail Resorts Development Company Bill Kennedy, Project Manager P.O.Box 9S9 Avon, CO 81620 with the facility contact of, Bill Kennedy -970.84S.2S35 to discharge from facilities identified as ForestRoad Snowcatl3ypass, located in Section 12, TSS, R81 W, Eagle County, as shown in figure 1, from Discharge Point identified as ODI, as shown in figure 1 of the permit, and further identrfied and described in this table Discharge ~ f Estimated Flarr~ Point Description I Rate 001 Discharge is from a Filler Bag (sediment trap} to Gore Creek AvS• - SO gpm Max = 100 ,Qpm The discharge is to Gore Creep in Segment 8 of the Eagle River Sub-basin, Upper Colorado River Baszn, found in the Classifications and Numeric Standards. for the (Ipaer Colorado River ,basin (S CCR 1 DD2-33}; last update efjrective January l D, 1004. Segment has $een designated Reviewable and is classed for the following uses: Recreation, Class 1 a; Aquatic Lie, Class ! (Cold}; Water Supply; Agriculture. Salinity (TDS) monitoring of the discharge wi11 be required. • Phosphorus monitoring of the discharge will not be requires! Antidegradation review does not apply to this permit Refer to page 4 of the permit for applicable limitations and to page S for monitoring requirements. The perrnittee shall implement and maintain the Best Management Practices (BMP} jot the prevention of erosion and the control ofsolid and liquid pollutants due to the discharge. BMPs can include various options, such as: mod cation of the pipe discharge structure to disperse flows; containmentafwaterbyhaybalesorothercomparablestructures; thetiseofgeocloth,fitterfabric,orplasticsheetingforprotectionofconiavrment structures; rip-rap; and/or any other approved methods which might be used. Ifgroundwater contamination is encountered, then thepermittee is to contact the Division and tfappropriate, the owner afthe collection system receiving the discharge. Since the discharge ofcontaminated groundwater is not covered under this permit thepermitiee shall immediately apply for a groundwater rernediation certification which will include appropriate requirements for additional discharge monitoring and on site environmental response capabilities. The perrnittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division wfthin 48 hours of the receipt of the data by the permittee. A blankDischarge MonitoringReport (DMR} ispravided to accommodate the project's movingdisehargepoints. Thepermitee isautharized to reproduce the enclosed DMR as necessary to complete reporting requirements. This certification to discharge is e,~"eetive far 2 quarters.. All correspondence relative to this facility should reference the specific facility number, COG-071 b76. Andrew.l. Neuhari Apri121, 2D04 ISSUED AI`+ID Ert+~;CTIVE: APRXL 27. ?.Caa4 EXPI~TIUN: OC~'4BER 27.20D4 This facility permit contains l9 pages. ', ~~ ~~ 4 ~- .. ~. UNFT~D S~`ATES ~ ~.'.~;_~ , ,,1 ..~ VA(L`VEST QUADRANGLE ~ .' ~ ~'•~ ~- ' COLORAaO--EAGLE Cc3. . . DEPAR~"~SEN7` GE THE iNTERiC?R !-'•,`, ~.'-..;y;",~'" . ~ GEOE~Q~iCAL SURVEY `-. 1 ••~ : ~~s -~ 7.s ~t«ur~ sE~E~s C~o~c~cRA.pH~c~ `'.. '. -' y (I ,. ~~~) J ~ ~ ~.~• ~~~~ nw ~+ M:~lr:~~ty IS' AUA4RA VW~4 1 , r .rte! 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I I S .jam, i ~ ~ ~1 '~_' '~ ~S) ;~ ~;• 1 ! ..~-. ••1 •y \ CONSTRUCTICTIDE~AT~'2lNGPRO,I~'CT •t~~ ~~~:~~•k- ~'`'.j~'r•y...,\~. ~' 'r I ~s ~d; ~' _' •~ COG-0716 ~ -~' 1 ~~(~ r •. ~~ ~d! i ~~~, t ,1.~ ~~ PAGE 17 r `y~y, I~•ti ~ .,~ }. ~+/, ~i~.~ ~`~..P F)"-~ i~~ ~~~ r~j~/•'~ `.f _ •~~`~t• I~l` i i1,`' ~~' ~~'~• ~ ~•~\ .r~P'.?!~~~ -~Py~ `~~. ~ r,l ~t ~ / ~;~~1~ q ' `/ ,-~,11,+; 1 ' ' 4 ,, ~ _! ~ ~ 1 ~ '• ~:-"~ .. ~:`, ,~`..~ '• : r !r of ; : ,~ .~- , ;4F `~~ .i .-' ,_ ~I~}' Tito 'r :•A ~~ ~~' "i ~ ''; ''y 1~ ~ `' w1+Ya~ ,~" ~. •~ t4~ kf! •~~ ~~ f~~ lPit •t' ~ `y" \~y •~ •~ y °J ~ ./!. {' 1•' Cr~,jv ~~; /~//~ /% i'°•y:j ~`•.l~f.--•,, tl _. t, ',\' ;.,.-~ .S ill }~~ ~ - ~ •~ ,~ ~~ ~~ ~ PI P ! ! l/ ,~1 Jr r ~ ~•~., r ',\ ~~ r l'~• 1`^"'~ ~ }1. _~1 ~ f':' ryJ, ~. ~~, ~~.~'~ y ~~`•~\~~4s~ ~~..~;:~,~' ~y.'~ i+lf °`~ °'1 rri\ 4 j1'•y ~:' ~ • ,;,~ ,_.. _ ~~ ~. lC~~ij//'~~ ~' 11~ ~..\~ ~1~>~, ~ ` of t ,`l,1 ~~ !~~~ y i~ r~,-`~`~.~ ~ ~ .ems _ : -,~ j 1 ``~ . 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" ~ ~ 111 Paperwork Reduction Act Notice Public reporring burden for this collection of information is estimated to vary from a range of 10 hours as an average per response for some minor facilities, to l 10 hours as a average per response for some major facilities, with a weighted average for major and minor facilities of I $ hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Chief, Information Policy, Branch, Plyt- 2?3, U.S. Environmental Protection Agency, 401 lti1 Street, SW, Washington, DC 20460; and to the Office of information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. General Instructions 1. If form has been partially completed by preprinting, disregard instructions directed at entry of that information already preprinted. . 2. Enter "Permittee Name/Mailing Address (and facility name/location, if different)," "Permit Number," and "Discharge Number" where indicated. (A separate form is required for each discharge}. 3. Enter dates beginning and ending "Monitoring Period" covered by farm where indicated. 4. Enter each "Parameter" as specified in ehe monitoring requirements of permit. 5. Enter "Sample Measurement" data For each parameter under "Quantity" and "Qualr"ty" in units specified in permit. "Average" is normally arithmetic average (geometric average for bacterial parameters} of all sample measurements for each parameters obtained during "Monitoring Period"; ",Liazirnum" and "Minimum" are normally extreme high and low measurements obtained during ",Llonitaring Penod." (Note to municipals with secondary treatment requirement: Enter 30-clay average of sample measurements under "Average," and enter maximum '~-day average of sample measurements obtained during monitoring period under "Maximum.") 6. Enter "Permit Requirement" For cash parameter under "Quantity" and "Quality" as specified in permit. 7. Under "No Ex" enter number of sample measurements during monitoring period that exceed maximum (andlor minimum 7-day average as appropriate) permit requirement for each parameter. If none, enter "0." $. Enter "Frequency of Analysis"both as `"Sample Measurement" (actual frequency of sampling and analysis used during monitoring period} and as "Permit ReguiremenP' specified in permit. (e.g., Enter "Cunt," for continuous monitoring, "1/T' for one day per week, "1/30" far one day per month, "1/90" for one day per quarter, etc.) 9. Enter "Sample Type" both as a "Sample rYleasurement" (actual sample type used during monitoring period) and as "Permit Requirement," (e.g., Enter "Grab" for individual sample, " 24HG"' for 24-hour composite, "N/A" for continuous monitoring, etc.) 10. Where violations of permit requirements are reported, attached a brief explanation to describe cause and corrective actions taken, and reference each violation by date. 1 ]. If "no discharge" occurs during monitoring period, enter "No Discharge" across form in place of data entry. 12. Enter "Narne/Title of Principal E.tecretive O~cer" with "Signature of Principal Executive Officer or Authorised Agenr," "Telephone Number," and "Date" at bottom of form. 13. Mail signed Report to Office(s) by dates} specified in permit. Retain copy for your records. 14, Mare detailed instructions for use of this Discharge Monitoring Report (DMR} form maybe obtained from Offices} specified in permit. Legal Notice This report is required by law (33 U.S.C. 131$; 40 C.F.R 125.2'}. Failure to report or failure to report truthfully can result in civil penalties not to exceed $10,000 per day of violation; or in criminal penalties not to exceed X25,000 per day of violation, or by imprisonment not to exceed more than one year, or by both. EPA Form 3320-I (Rev. 9-38} w ~ a }~} ti ~', a 4 F '~° ' ~`'~"' ~ r ~ ~ c, ~ C ~ ~ a m Q ~ ~~ ~ C3:,,` O o x ~ c.r a> a o ~a w .~ 4 2 ~ C7 +~ Cp O f1' c n. I`I ~', 7', It ~ ~ ~ lY ~ 1x11 ~ rla ~~ U ~ t ~ ~"`= ~ ~ .._ ~ C ~ _ 'p F"' L ~ o ~ ~ ~j Z ~2 li ; }- ~ O ~' 2 ~ TM f- ap 2r c~ w ~ ~ c7s4'aC a ~ ~ ~' ~ b ~ ~ M ~ "' Q ~ O © °° r f w ~'~°0.' ~ C3 Q w ~~~ ~~ o ~~ ~ Z ~ a h ~ a ~ ~ :~z r_ _ ~ ~ ~ ~ ~ :z v ~ «' `m` rn ~ ~ ~ d ~'' o - ~:` Q W ~-- _. ~ m ~ -~ 'n ~ w 3 V N ~"` ~~... Z ~ w a w a ~ ` ~ry O ~ ~ ~ ~'-... 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W ~ w x a W w a ",~' : ~ rw: ~ a :" ' sv. ~ w ~, ~~"w` a. w '' N ~ Q ~ 1 `L ~' ~ ~ V9 ~ k i U5 ~r" :~ C/} ~.K ~ r II7 ~ tl. CI7 ~ ~,,. ~ ~ ~~^ W F S i ti fY r ~y 3 ~. ~ '~~'' :1kr F wW ...1 ~ ~, w U1 ~ Q W r a a d w } a w m L CC > O Y C L Q U_ w ~_ F ~ w U F W 2 X ~ IL 0. J ~ C Q 0. U ~ z w a w J N z N ~. f7 •i O v d 0. s!7 Li J M m cn G C b N a 0 I~ r- ~ w 7 x N n M K d 1' Attachmen#: G • MEMORANDUM ' TO: Cammun'rty Development. FRAM: Public WorEcs Department DATE: June 24, X004 SUBJECT: Vail ResortlERWSD Floodplain Modifcations The proposed Floodplain Modifications associated with Vail Resort's snowmaking system improvements within the Gore Creek 100-year floodplain, located adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, comply with the provisions of the Vail Town Code. The proposed floadplain modifications will not increase the quantity or velocity of flood waters and will not adversely affect adjacent properties. ~~~ ~ J -~ Chad Salli, Town of Vail Flaodplain Coordinator • Attachment: H THIS ITEM MAY AFFECT YOUR PROPERTY ~~' ' PUBLIC NOTICE ~~~~~ ~'~.~i NOTICE 1S 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, Vaif Town Code, on June 28, 2004, at 2:00 PM in the Town of Vaii Municipal Building, in consideration of: A request for a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally {On All Levels of a Building or Outside of a Building}, Vail Town Code, and a variance from Title 14, Chapter ~, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road Westlunplat#ed. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriella Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to'allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at 242 East Meadow DrivelPart of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, lnc., represented by Johannes Faessler Planner: George Ruther A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally {On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for • eight two-family residential structures (Gore Creek Place}, located at 730, 724, and 714 West Lionshead CircleCTracts A, B, G, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner. Warren Campbell A final review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow fior a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums}I Lot 8, 81ock 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, {a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department), end setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vaii Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that-precede the public hearing in the Town of Vail Community Development Department. Please call {970} 479-2138 for additional information. Sign language interpretation is available upon eequest.with ~4~F~our notification. Please tail ~97Q} X79-~35fi, `telephone for the Hearing Irnpairecl, for information. ' Pu'blisbed June 1 ~ , 2Qfl4, in the Vai[ Qaily. ' • V~i1 Re~~~ts Snotir~mal~in~ Zmtake/M4dificZti©ns~rvithin Floodplzin Adj~tcenf Property Owners List June 2004 TOWN OF VAIL 75 SC]UTH FRONTAGE ROAD VAIL, CO 81657 j SMITH, NSTINE H. 43 SOUTH SI-IC}RE CT HILTC}N HEAD ISLAND, SC 2992$ +G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO S1b58 j EAGLE RIVER WATER AND SANITATION DISTRICT 846 WEST FOREST ROAD VAIL, CC) 81657 • • • MEMaRANDUM TO: Planning and Environmental Commission +r FROM: Community Develapment Department ~~ DATE: June 28, 2004 SUBJECT:. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Marcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell ,_ - I, SUMMARY The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, Inc., has scheduled a meeting with the Planning and Environmental Commission to present a proposal for a conditional use. permit, pursuant to Section 12-7H-~, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow for the construction of eight new two-family residential structures totaling 16 dwelling units. Staff is recommending that the Planning and Environmental Commission approve with conditiorss the requests for a conditional use permit. II, 13ESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC}, represented by Braun Associates, Inc., is requesting a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow for the construction of eight new two-family (duplex) residential structures on the West Day Lot. A vicinity map is attached for reference (Attachment A). This proposal for eight duplex units, referred to as the Dare Creek Place residences, is a small part of an overall development plan for the West Day Lot herein after titled "The West Day,Lot Develapment Site". The West Day Lot Develapment Site includes the existing Vail Mountain Marriott (Parcel 1), a new hotel to be proposed in the future (Parcel 3), and the proposed nine duplex structures along Gare Creek (Parcel 2). The West Day Lot Development Site is attached for reference (Attachment Bj. This proposal is the second piece in Vail Resorts Development Company's overall Lionshead redevelopment project which is the comprehensive redevelopment of one of three primary portals to Vail Mountain and is intended to create aworld-class arrival paint and transition between Lionshead Village and Vail Mountain. The Lianshead redevelopment project includes four areas of redeve[opment, the Lionshead Core, West Day Lot, North Day Lot, and the Tennis Court Site. The applicant is proposing to construct eight duplex structures for a total of 16 dwelling units. All of the proposed units will be serviced by a below grade parking structure which will have access off of West Forest Road. Within the parking structure each unit will have a private tvva car garage. There will be a total of 1$ additional common parking spaces provided for visitors and guest of the home owners. Also in the garage there will be a bailer ream which will house the mechanical equipment for the snow melt system used to heat the pedestrian/emergency vehicle access path, walkways to the homes, the pedestrian path leading to the Town°s bike path, and the entry ramp to the garage. Trash collection for the 16 dwelling units will be done in smaller trash cans with removal to occur on the ramp leading to the garage. All 16 dwe]ling units will have three floors with the lowest floor being able to walk out on grade along the bike path. There are three floor plans proposed fQr this development. There is an A/B duplex, A/A duplex and a BIB duplex. The A/B duplex measures 7,647 square feet in Grass Residential Floor Area (GRFA), the AlA duplex measures $,522 square #eet in GRFA, and the B/8 duplex measures 6,792 square feet in GRFA. The heights of the structures range from 31 to 41 feet in height. Along Gare Creek. there will be three floors exposed while on the north elevation ~a floors will be above grade. All 16 dwelling units and the parking structure will have fire sprinkler systems installed. A mare complete description of this proposal is included in "Lionshead Redevelar~ment: West Dav Lot", dated November 3, 20Q3, which has been attached for reference (Attachment C). The applicant is tying the existing Vail Mountain Marriott, the proposed Gore Creek Place residences, and the proposed future hotel on the West Day Lot together as a larger overall planned development site, The West Day Lot Development Site, with plat notes tying the three projects together for zoning purposes. A reduced copy of the plans for the proposed residences is attached for reference (Attachment D). ill. BAGKGR~DUND The subject property includes several parcels of land currently used far the Vail Mountain Marriott, the parking structure far the Vail Mountain Marriot, and employee parking for Vail Resorts. The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District IVo. 7 by Ordinance 3, Series of 1977, The project was expanded and modified throughout the 198a's and 1990'x. !n 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lianshead Mixed Use 1 and SDD No. 7 was repealed, The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a restaurant, and other hotel amenities. 2 S The western portion of the site (the Marcus Subdivision), known as the West Day Lot, was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On November 24, 2Qfl3, the Planning and Environmental Commission approved text amendments to Section 1 ~-7H-~, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 1 ~-i 6-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria by which asingle-family and two-family residential dwelling proposal within the Lionshead Mixed Use 1 District should adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 3fl, Series of 20fl3, on December ~ 6, 20fl3. On February 9, 2fl04, the Planning and Environmental Commission approved with conditions a Conditional Use Permit and a Major Exterior Alteration application on this site for nine two family structures for a total of 1$ dwelling units. This current application differs from that which was approved on February 9, 2fl04, in that there is one less two-family structure. 1V. Rl7LES OF THE REV}EVIlING BQARDS i The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and staff on the current applications submitted on behalf of Vail Resorts Development Company. Conditional Use Permit Qrder of Review: Generally, applications will be reviewed first by the PEG far acceptabillfy of use and then by the ©RB far compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approvalldenial of ~Gonditional Use Permit. 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. r • 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. Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts pesian Review Board: Action: The DRB has NG review authority on a CUP, but 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 - RemovaUPresenration of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor [fighting - The design of parks • 4 Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial Staff ' also facilitates the review process. Tawn Councsl: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Title 12. Zoning Regulations. Vail Town Code 12-7H Lionshead Mixed Use1 (LMU-1} District (in part} 12-7I-1-~: PURPDSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial esfabfishments rn a clustered, un~fred development Lionshead Mixed Use 1 Districf, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate fight, air, open space and other amenities appropriate to the permitted Types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site devebpmerrt standards. This District is meant to encourage and provide incenfives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically level©ped to provide incentives for properties to redevelop. The ultimate goal of these incenfives is to create an economically vibrant Lodging, housing, and commercial cure area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in The Lionshead Redevelopment Master Plan study area. The primary goal of The incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additi©nally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incenfives created herein,, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS' OF A BUILDING OR OUTSIDE OFA BUILDING,}. The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Ghapter 16 of this Title: Bed and breakfast as further regulated 6y Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public ar private parking lots. Public park and recreation facilities. Public utility and public service uses. Single-family and two-family reddential dwellings. Ski lifts and taws. Television stations. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-16 Conditional Use Permits {in part 12-1' fi-1: Purpose; Limitations: !n order to provr`de the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a canditiona! use permit. Because of their unusual or 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 conditiana! 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 ar properties. Where conditions cannot be devised to achieve these objectives, applications far conditional use permits shall be denied. f 2-16-7: Use Specific Criteria And Standards: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 11. Single-family and two-family dwellings, in the Lionshead Mixed Use 1 zone district: Single-family or two-family residential dwellings shall be allowed when: r a. Developed as part of a coordinated mixed-use development; 6 b. The low-density residential scale is advantageous to creafe compatibility with or a transition to other low density residential development in the vicinity; c. The single-family and fwo-family residences are designed to fhe general scale and character of residences in other single-family and two-family zone districts; and d. The proposed development is consistent with the infant and objectives of the Lionshead Redevelopment Master Plan, Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The West Day Lot is identified as being a part of the Resort Accommodations and Services land use category. The Resort Accommodations and Services land use category states: This area includes activities aimed of accommodating the overnight and shod term visitor to the area. Primary uses include hotels, lodges, service sfatians, and parking structures (with densities up to 25 dwelling units or 5Q accommodation units per buildable acre). These areas are oriented toward vehicular access from 1-T0, with other support commercial and business services included, Also allowed in this category, would be institutional uses and various municipal uses. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan was adopted on December 15, 1998 by the Vail Town Council. "The master plan was initiated by the Town of Vail to encourage redevelopment initiatives within the Lionshead study area. Both public and privafe interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: Lack of growth in accommodation units ("hat beds'}, poor retail qualify, fhe 7 apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incenfives far redevelopment. " There are several portions of the Lionshead Redevelopment Master Plan which reference the West Day Lot and make recommendations for the site. Below are several sections taken directly from the Master Plan. Chapter 4 Master Plan Rec©mmendations - Overall Study Area (in part} Section 4.1 Underlying Physical Framework of Lionshead 4.1.5 West Lionshead -Residential/Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vai! sanitation plant, the old town shops, and a gas station. Uses proposed by the cr~mmunity on this site in the past include increased parking, employee housing, office space, mountain service access, and an eastbound !-7D on- and off-ramp. The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs of the local community. Appropriate uses could include high density real estate development, lodging, community based office and retail space, employee housing and parking. The opportunity exists for a significant locals or seasonal housing development in this area. Ta the extent possible development patfems in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. !n addition there is the opportunity for an underground public parking facility.. All service and delivery demands created by development in this area shall be accommodated an-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard will be reduced in size, as some functions Carr be moved to less central locations. However the area develops it is critical that new uses be connecfed to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. Section 4.8 Parking ~4.8. t.2 West Day Lot The west day lot is also owned by Vail Associates and is utilized primarily by mountain based Vail Associates employees. This site offers the possibility of ahigher-return development opportunity that may make other less profitable west end developments feasible, and its existing use '. far parking is virtually certain to change. It is not anticipated that the employee base utilizing this surface lot will decrease; therefore, all the ~ ; current parking (approximately 160 spaces) will have to be replaced. S 4'.8.3.3 Potential New Parking Sites b. West Lionshead The construction a second public parking structure at the west end of Lionshead has been a planning consideration since the completion of the Vail ?`ransportatian Master plan in 199 ~. This site is currently undeveloped (except for the Vail Associates maintenance yards and is large enough to meet projected parking demand. !t is well located in relation to the potential new eastbound 1-~'p access ramps. Potential logistical hurdles to the use of this site are as follows: Land ©wnership. The entire potential parking structure sife (see figure 4-14,~ is located on Vail Associates and CDaT property. Property acquisition from bath entities wil! be required. • South Frontage Raad Realignment. South Frontage Road must be realigned to free up a parcel forge enough for a motor parking facility. Competing Land Use Priorities. The west end of Lionshead has also been identified as a priority employee housing facation by the Town of Vail and Vail Associates, Although housing could be constructed on top of a parking structure, a below-grade facility would significantly increase construction costs and bring up several important timing issues. Cost. Timing. The Lionshead master plan ground rules stipulate that there will be no net Loss of existing employee housing through redevelopment. Redevelopment of the core site by Vail Associates means that the existing employee housing in the Sunbird Lodge will have to be replaced, most likely on the existing Vail Associates service yard or Holy Cross site. This scenario puts a west Lionshead employee housing project at or near the top of the Lionshead redevelopment timefine. Depending on the size requirements of a new west Lionshead parking structure, it is possible that the realignment of the frontage road and the construction of the parking facility would both have to occur prior to the construction of the housing project. !f the employee housing project occurs first, which is more probable, the opportunity for a west end parking structure could be Lost, as the remaining available land may be too small for a structure of significant size. The second timing issue is the potential 1-7Q interchange at this location. Planning decisions regarding a future parking 9 structure, housing, or an 1-70 interchange will have to be made at the same time, ar important opportunities may be lost. Convenience. This location far a rrmajar parking structure must have regular transit ar shuttle service because of its distance from the retail care area and the ski yard (greater than a 1200-foot walking radius). Cpapter 5 Detailed Plan Recommendations (in part) 5.1T West Day Lott Vail Associates Service Yard/Holy Cross Site Planning for the western end of Lionshead must consider two different scenarios the realignment of South 1=rontage Road and its retention in the existing alignment. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee pausing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the VafY Spa. As depicted in figures 5-21 and 5-22, realignment of Soutp Frontage Road will allow these properties to be consolidated far development while maintaining a transit connection through the property. Vuithin the consolidated parcel, there are four distinct sub-areas separated by location and land use. The first is the existing west day lot. This site pas Gore Creek frontage, is removed from the frontage road, and is the most appropriate for chipper-end fee simple or fracfional fee development. The second, immediately adjacent fo South Frontage Road, should pave a strong relationship with the first (potenfially by a connecting ""greenbelt" as spawn in figure 5-24), but its less desirable location suggests a different and potentially higher density product. Affordable housing should also be considered here to accommodate stew employee generation. The third, west of the realigned South Frontage Road, has been identified as an appropriate location for higp density employee housing. Tpe fourth has the longest road frontage and is .the recommended location for a smaller Vail Associates service yard. From thr's location, a snow cat access route to the mountain could be developed through the old town shops site and across the river to the Cascade Ho ski trail. If South Frontage Road is not realigned prior to buildout on this site, there would be a sligpt reduction in the amount of developable land north of the frontage road (see figure 5-23), and access points to the properties might be different. Traffic flow patterns and transit vehicle access would be different. The removal of the central transit/ pedestrian corridor will necessitate either an additional west Lionshead transit stop ar the undesirable situation of people crossing the frontage road to access a single transit stop. 10 • Chapter 6 Site Design Guidelines (in part) 6.Q Secondary Pedestrian Walk Secondary pedestrian walks (see figure &-3J are similar to primary pedestrian walks except that they are not located on primary pedestrian corridors and thus carry a lower volume of pedestrian traffic. The suggested minimum width for these secondary walks is six feet, although wider walkways maybe required where anticipated pedestrian traffic volumes are greater. Poured concrete maybe used as a paving material, All other design parameters that apply to primary pedestrian walks also apply here. 6.6 Pedestrian Path Pedestrian paths are located outside of the primary Lionshead pedestrian environment (see figure 6-4). They include stand-alone circulation corridors, such as the Gare Creek recreation path, that are most often built with asphalt surfaces. These pathways generally carry a lower volume of traffic, buf their width should reflect both anticipated volume and anticipated type of traffic, as bicycles, rollerblades, and skateboards also utilize these pathways. Lighting, signage, sife furnishings and landscaping will be a function of a pathway's Intended use, location, and traffic volume. • Town of Vail Comprehensive Open Lands Plan In 1994, the Vail Tawn Council adopted the Comprehensive ©pen Lands Plan. The purpose of the plan is to identify priorities far open space and recreation needs communicated by the citizens of Vail. The Comprehensive Gpen Lands Plan -Action Plan map identifies a portion of the West Day Lot site as "Undeveloped Parcel (Zoning Varies) Action Not Recommended". The Plan did not reference or recommend any action with the existing site. Vl. ZONlNG ANALYSIS POTENTIAL Address/Legal Description: Parcel Size: ,Zoning: Land Use ©esignatian: 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Marcus Subdivision and Lot 7, Marriott Subdivision 7.74 acre (337,197 sq. ft.) Lionshead Mixed Use 1 Resort Accommodations and Services Below is a summary and analysis of Town of Vail development standards and regulations. The analysis includes the existing Vail Mountain Marriott and the 18 Gore Creeks Place residences. This analysis will became a part of the Approved Development Plan for the three`parcels included within the West Day Lat Development Site... 11 Development Standard Allowed Lot Area: 10,000 sq. ft. Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: 10 ft. 71 ft. avg. 82.5 ft. max 2.70 DUs (351ac.} Unlimited AUs 842,992 sq. ft, Existing 337,197 sq. ft. 10 ft. 70 ft. avg. 80.5 ft. max 36DU (4.71ac.} 276 AU 149,669 sq. ft. Proposed 337,197 sq, ft. 10 ft. 70 ft. avg. 80.5 ft. max 52 DU (6.7Iac.) 276 AU 213,239 sq. ft. 236,037 sq. ft. (70%} 86,240 Sq. ft. (25.6%} 146,446 sq, ft. (43%) 67,439 sq. ft. 420%} 169,G05 sq. ft. (50°!°) 139,473 sq. ft. (41 °/v} 76 (1,4IDU} 270 spaces 320 spaces 193 (0.71AU} VII. SURRGIUNDING LAND USES AND ZONING Land Use Zoninca North: Residential Lionshead Mixed Use 1 District South: C3pen Space Natural Area Preservation District East: Residential Lionshead Mixed Use 1 District West: Public Utility General Use District VIII. CRITERIA AND FINDINGS Conditional Use Permit: Before acting on the requested conditional use permit application for eight proposed duplex structures, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: (1 } Relationship and impact of the use nn development objectives of the town. Vail Land Use Plan As identified in Section V of this memorandum the West Day Lot is a part of the Resort Accommodations and Services land use category. This land use designation identifies activities aimed at accommodating the overnight and short term visitor with the primary uses being hotels and lodges. While the proposal to construct nine duplex units is not one of the primary uses identified for the Band use category the existing Vail Mountain Marriott and the future hotel proposal which are pieces of the overall development plan for this site are hotels and lodges which are aimed at serving the short term visitor. Incorporating the smaller scale duplex structures along the creek will allow the overall development to increase in scale as it moves north away from the creek. • 12 Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan contains several sections which speak to the future use of the West Day Lot and are found in Section V of this memorandum. The first reference made regarding this site can be found in Section 4.1.5 which identifies the site as a "residential/mixed use area" with the opportunity existing for "significant locals or seasonal housing". The Plan provides more detailed recommendations in Section 5.17 wh'-ch states that this site is "most appropriate for ahigher-end fee simple or fractional fee development". Staff believes that the proposed duplexes meet the goals and .objectives of the Lionshead Redevelopment Master Plan. There is also potential for adding to the pedestrian network with .the establishment of easements on the emergency vehiclelpedestrian access pathway, the sidewalk from West Lionshead Circle to the emergency vehicle/pedestrian pathway, and the pathway from the emergency vehicle/pedestrian pathway to the existing Town bike path. (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. Staff believes that the proposed eight duplex structures will not have any negative effect on the items listed above. The incorporation of the duplexes into the overall development plan far the site allows for smaller scale residential structures along the Gore Creek and the bike path which will allow an open feeling to remain along the Town owned stream tract with larger structures on the north end of the property adjacent to existing larger structures. Section 12-7H-12, Density (Dwelling Units Per Acre), Vail Town Code, in the Lionshead Mixed Use 1 Zone District permits a maximum of 35 dwelling units per acre on this site. The applicant is proposing 16 dwelling units on this approximate 2.2 acre portion of the °`West Day Lot Development Site" which is 7.3 dwelling units per acre. t3) Effect upon traffic, with particular reference to congestion, autorr~otive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. The eight new duplex structures will bring additional cars down the South Frontage Raad and onto West Forest Raad. Staff has determined that there will be 12 additional trips generated by the new residences. Furthermore Section 12-7H-18, Mitigation of Development impacts, Va`rl Town Code, requires property ownersldevelopers t© mitigate direct impacts of deveiopment proposals on public infrastructure. Staff has determined that a fee of $5,040 per additional trip generated by a development bears "a reasonable relation to the development impacts". Staff attached a condition to the February 9, 2004, approval of a Major Exterior Alteration requiring a fee of $6x,000 for mitigation of development impacts. 13 The proposed. devel©pment includes a connection from the proposed pedestrianlemergency access pathway down to the existing bike path along Gore Creek. Staff is requesting that a pedestrian bath be installed front the turn-around at the end of the pedestrianlernerger-~cy access pathway to ; L.ic~nshead Rlace. This installation of the requested pedestrian path will complete the circulation loop for pedestrians In this area. The applicant is also proposing to leave the portion of the existing bike path on their property. Staff is recommending that the applicant give the Town public access easements for the portion of existing bike path on the applicant's property, on the sidewalk leading from West Lionshead Circle, the pathway leading foram the emergency vehicle access to the existing bike path, and the new pedestrian/emergency access pathway. Staff does not believe there are any negative effects on the remaining items listed above. (4) effect upon the character of the area in which the proposed use is to be located, including the scale and buck of the proposed use in relation to surrounding uses. Staff believes that the proposed residences will haws a positive effect on the area. The scale of the structures is comparable to the residential structures on the south side of Gore Creek. The incorporation of the duplexes in the overall development plan for the site allows for smaller residential scale structures to be located along the Gore Creek which will allow for the stream tract to retain a more "open" feeling with the taller structures located on the north portion of the West Day Lot site. (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. Staff has revietived the environmental impact report which is required as a part of this application and found no cause for concern. The applicant shall be required to comply with the recommendations of the report. In addition to the standard criteria far a conditional use permit, the Use Specific Criteria and Standards, Section t 2-16-7A(i 1), Vail Town Code, for Single-family and Two-family dwellings, in the Lionshead Mixed Use t zone district must be reviewed prior to acting on this proposal. Single-family ortwo-family residential dwellings shall be allowed when: (1) Developed as part of a coordinated mixed-use development; The proposed duplex structures are one part of the 7.74 acre West Day Lot Development Site which will include the existing Vail Mountain l4 Marriott hotel, the proposed eight duplex units, and a future proposed hotel. The entire site will be treated as one large development site with zoning requirements applied. to all three existing and proposed developments. The applicant does intend to subdivide the individual projects onto separate lots in the future with plat notes found on each plat which would tie all three developments together in perpetuity for zoning purposes. The current proposal for eight duplex structures is located on Parcel ~ of the West Day Lot Development Site. (2} The low-density residential scale is advantageous to create compatibility with or a transition to other low density residential development in the vicinity; The incorporation of the eight residentially scaled duplex structures along the Gore Creek will allow for a transition from structures compatible with the residential structures on the south side of Gore Greek to the taller more massive buildings on the northern portion of the West Day Lot. The advantages of incorporating the duplexes into the overall development of the site are numerous. The scale of the structures will allow for the Gore Creek stream tract to retain. its "open" feeling, the residences on the south side of Gore Creek will not have the views from their north facing windows totally obstructed by a more massive structure, and they will allow the scale of the buildings on the West Day Lot to transition to taller more massive structures which currently existing in Lionshead. The Vail Land Use Plan has designated the residences along West Forest Road as Low Density Residential and the West Day Lot Development Site as Resort Accommodations and Services, The incorporation of the eight duplex structures on the southern portion of the West Day Lot Development Site will allow for a better transition between these two different ]and use designations which are significantly different in terms of the scale of buildings which could be potentially constructed. t;3) The single-family and two-family residences are designed to the general scale and character of residences in other single-family and two-family lane districts; and The proposed duplexes have three standard footprints. There is an AIB duplex, an A/A duplex, and a BfB duplex. The A/B duplex measures 7,647 square feet in Gross Residential Floor Area (GRFA}, the AlA duplex measures 8,522 square feet in GRFA, and the B1B duplex measures 6,792 square feet in GRFA. Four of the eight structures are an Alb duplex, two structures are an AlA duplex, and two structures are a BlB duplex. An AlB duplex would require a lot size of 60,940 square feet (1.4 acres) to construct, an A/A duplex would require a lot size of 78,440 square feet (1.8 acres}, and a BIB duplex would require a lot size of 43,$40 square feet (1.01 acres} to construct. The total area of a lot needed to construct four AfB, two AIA, and two B/B duplex structures would require 11.2 cores. The approximate size of Parcel 2 of this proposed development site is 2.28 acres. The proposed duplexes have 15 a maximum height of 41 feet at the tallest location which is southeast eave of unit. one which is located on east end of the site. Staff believes that the proposed structures are designed in the general character of residences in other single-family and two-family zone districts. Staff has referred to the plat for the homes located clang West Forest Road just south of this site across Gore Creek, Vail Village 6'h Filing. Lots included on this plat range in size from 15,115 square feet (0.34 acre) to 56,550 square feet X1.3 acre). The sizes of home which would be permitted to be built under the residential zoning districts range from 4,611.5 to 7,427.5 square feet of GRFA. The height in its worst case is only eight feet above the maximum height permit in other residential zone districts. This increase in height is caused by the steep grades leading to the Gore Creek which were historically present, The height of the proposed residences is needed for a better transition from the maximum height of 33 feet for the residences along West Forest Road to the maximum 82.5 feet of height with an average of 71 feet in height for the uses an the West Day Lot Development Site. The proposal shows that the south walls of the parking structure are exposed in some instances at a height of eight feet between the duplex structures. While these walls are not retaining walls staff requests that the height pf the walls be mitigated by either the placement of retaining walls in front which w©uld create planting beds or by artificially increase grade in those locations between homes sa that in no case more than six feet of parking structure wall is exposed. j The materials and scale of architectural features on the proposed duplexes are comparable to those seen on proposals for new single- €amily and two-family residential structures. Staff's believes that the proposed residences are consistent in terms of size, bulk, and mass as those located on the south side of the Gore Creek which are the closest residential structures to the proposed development. 44) The proposed development is consistent with the intent and ot~jectives of the Lianshead Redevelopment Master Plan. Lianshead Redevelopment Master Plan The Lianshead Redevelopment Master Plan contains several sections which speak to the future of the West Day Lot and are found in Section V of this memorandum. The first reference made regarding this site can be found in Section 4.1,5 which identifies the site as a "residentiallmixed use area" with the opportunity existing for "significant locals ar seasonal housing". The Plan provides more detailed recommendations in Section 5.17 which states that this site is "most appropriate far ahigher-end fee simple or fractional fee development". Staff believes that the proposed duplexes meet the goals and objectives of the Lianshead Redevelopment Master Plan. tG The Planning and Environmental Commission shall make the following findings before granting a conditiona[ use permit: (1) 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 each of the applicable provisions of this title. X. STAFF RECQI'4lIMENDATION Conditional Use Permit: The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the applicant's request for a conditional use permit, pursuant to Section i 2-7H-5, Conditional Uses, Generally (on all levels of a building or outside a building), Vail Town Cade, to allow far the construction of eight (8) two-family residential structures, located at 730, 724, and 714 West Lionshead CirclelTracts A, 6, C, & D, Morcus Subdivision and Lot 7, Marriott SubdivisionfWest Day Lot Development Site Parcel 2. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and upon the evidence and testimony presented. Should the Planning and Environmen#al Commission choose to approve the conditional use permit request, staff recommends that the follow conditions be placed upon the approval: 1. That the Developer sha11 not sell, rent, lease, or otherwise transfer any of the sixteen (16} additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, ar accessory uses allowed on the UVest Day Lot Development Site. 2. That the applicant shall complete the West day Lot Approved 'Development Plan spreadsheet (Attachment F} which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting far building permits. The completion of the spreadsheet wi[l allow future development to occur without the need for joint property owners sign off as all future development potential will already have been established. 3. That the approval of this conditional use permit constitutes approval of a development plan for Parcel 2 of the West Day Lot Development Site and any change to the development plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. ~. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development l7 Site. Accessary eyes shall be permitted useless athenvise specifically prohibited.. 6. The applicant shall record the new West Day Lot Development Site plat. and easements prior to requesting either a Temporary Certificate of occupancy ar a Certificate of Occupancy inspection. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit:. (t) 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. i;2) That the proposed location of the use and the conditions under which it would be operated ar maintained will not be detrimental to the public health, safety, or welfare, ar materially injurious to properties or improvements in the vicinity. (3) That the proposed use will comply with each of the applicable provisions of this title. XI. ATTACHMENTS A. Vicinity Map G B. West Day Lot Development Site I C. "Lionshead R_edevelvnrnent: West Dav Lvt", dated November 3, 20x3 D, West Day Lat residences reduced plans dated June 21, 2004 E. Public Notice 1=. West Day Lat Approved Development Plan dated June 28, 2004. 1~ .-. 0 N T V 0 o o [> ~__ ~' 'JtJ~,~ r i fj~~Og o `,5 ~_ ~J 1 1 i 6 11 `,1 It 11 p, W fl 11 1 ~ 1 I.l O t ~ C7 i, ~~ , i 1 1 ~ ~ 1 1 1 4 5 1 `5 ~ \ Y ll \ 1 l 1 Ir ~1 ` 1 1 ~ ~r , , 4 1 x I+ ~1 W `~ II I i w 1 1 ~" 6 1 ~ 4 l .1 ~ '`~ , , ,,. ~ ', '1 ~~ r , , 7 1 i 1 1 1 1 1 1 4 l l 15 1 1 1 I ~1 1 0 41 I I 1 I I I f I I I ~1 ' ' I I 1 f 1 ~~ 1 f ~1 a r I 1 ~^-- ,'~ ~1 .~ i ; 4 1 1 S .`~ 1y ~ `~\ 11 `11 ~` ~i ~`~ ,~ ` `4 `\\ tl `,, ' 1 1\ I f I/ 1 5 1 1 15 I I I } t I I 1 1 } 15 I 1 ~ l I 1 L 1 I 1 I 1 F !~ 1 1 I ~ G ~_ Q ~ J o y 1 t ~ ,1 ,, ~ , 1 C ~ 11 11 5 ~ 1 I 1` t I I I r~ ~- I 1 I 1 1 I ~, r I I i 1 I 1 I _i ~ , I 1, ~ I 5 I 1 I ~ 1 1 I 1 I 1 4 4 1 1 1 h l , 1 ` l 4 , f r-_~ 11 ,__~ I _~~ 1 l s~Y_+ ! t~v}~+ 1 ~ l_ 1 / ,~ 1 . 1 I `r ~f I ~~ .. ~m ~ VINO a z 1.~~VU Aa' a k~~x j oo-~~ ^xu ~~~u'~ m 1:. ~3~V ~ - ~ ~ ~ wi .. c y >i' a z ~'' ^op ~~~ ~~~ F o~ 5 a ~ f • • ~'~ LIQN~HEAD R~D~~'~L[]i'M~',N'T 4~''est Dad Lot Submittal to the Town of Vail S~.~bmitted by: VAZL RF:SC~R.TS D~vEZ1op~E?~~r CatvrnAZV~ Revised Submittal 11.3-03 Attachment: C ~ ~~ Lionshead Redevelopment ~'ART~E~I; CONTEI~I'I'~ I. Introduction II. Detailed Proiect Overti~ew III. 1Wo Net Loss of Parking I'4~. Proiect Pl~asin V. Proiect Reylew Criteria VI. Master Plan Considerations Page 1 Z 11 7.2 13 17 •I IN'TR(~I~iIC'TIC)N This report is an updated excerpt from the overcall Lionshead Redevelopment submittal document provided to the Totivn in 3uly of 2043. The information contained in this document is the information necessary for evaluating the proposed t4vo-family residential development an a portion of the Nest Day LatlMarriott property. The document discusses the entire Nest Day Lot project as the entire site is being proposed as one overall coordinated plan with all development standards applied to the entire parcel. The project for which approval is currently being sought is the low-density residential development an the souti7 t;dge of the property; the Crore Creek Residences. This plan includes up to 2U dwelling units in duplex structures. The duplex units can be developed in several formats as there are two floor plans proposed; one layout of approximately 2,6~a sq .ft. and the other of approximately 3,400 sq. ft. Depertding an marl~et conditions the site could be developed with a rnaxixnum of 20 units {all smaller units} or a minimum of 14 units {all larger units) ar anywhere between {some big and some small). Plans have been submitted showing 20 dwelling units and 16 dwelling units (the likely development scenario). All. parking is located in a sub- surfaceparking structttre accessed directly Pram Forest Road. • Vai] Resorts - Tne Redeveioprnent of` L.iQnshe:~d • II. .DETAILED PRQJE~T OVERVIEW {©verall Development Site) The West Day Lot is located within an area identif ed by the Lionshead Redevelopment Master Plan for resort lodging and residentiallmixed use development. This site is being r~;deveToped as a logical extension of the existing Marriott Hotel with. lodging and residential uses at a scale that mirrors that of the existin3 neighborhaad. This development project includes both the West Day Lot and Marriott properties as one overall project site. The Master Plan identified this neighborhood as a more quiet residential area providing the greatest apportuunity to expand the Town's bed base. Below are the north and south elevations of the new hotel facility. ~~ .'.--.. j.~_~-' .,,..,...w. ~.. ..xt, ~ ~ `. ~- -. Hazel Buildins ~-North and Saath Elevations Vast Resorts -~ 7'~~e Redeveip~ment ~f Lionshead 2 • 1. Existing Conditions The project site is currently develaped with the Marriott Hotel, an open air parking structure which serves the Marriott Hotel, and an unpaved surface employee parking lot with a capacity of 16(1 parking spaces. The site has been re-graded over the years creating man-made berxrts and slopes. The Marriott Hotel currently contains 276 newly renovated hotel rooms, 35 dwelling units, a 4,500 sq. ft. restaurant, and meeting rooms.. Site improvements include tennis courts and a swimming pool. 2. C}verview of Project -Entire WDL • Design Concept The redevelopment of the West Day Lot builds upon the success of the newly redeveloped Marriott LIotel (276 hotel rooms and 35 dwelling units) by proposing a new hotel and residential development on the remainder of the site. The project provides a transition from the high density lodging facilities along West Lionshead Circle to a low- rise and low density duplex style development along Gare Creek, as suggested in the Lionshead Redeveloprnen# Master Plan. This transition is important. due to the low density residential uses that exist on the south side of Gore Creek. The project includes attention to the design guidelines including the provision of stepbacks and the transition of wall planes and materials as directed by the Lionshead design guidelines. The proposed plan implements many other goals of the Master Plan including concealing parking in subsuuface str<icttires, developing residential and lodging uses in this area ofLionshead, developing pedestrian connections to the core of Lionshead, and meeting all of the design standards and guidelines. Project Components The new hotel building includes 90 hotels rooms (44 are hotel lock-offs), 113 dwelling units, meeting rooms, a restaurant, hotel fitness areas, and subsurface parkin; to serve both the new development and a portion of the Marriott's parking requirements. Additionally, there is aloes-density residential development orx the south side of the site containing up to 20 dwelling uzuts in up to 10 two-family structures. These homes are accessed via a subsurface parking area connecting to 1~'est Forest Road. Zoning Text Amendment The Lionshead Mixed Use i zone district does not list single-fazxrily ar two-family residential structures as a permitted or conditional use. At the time this zone district was ' drafted, there was not much thought given to these lo~v density use as there did not seem to be a logical location in the Lionshead area to allow such low-density residential uses. Through careful planni3ag of the West Day Lot '4'ai] Resorts discovered that lo~v-densrty Vail R.~SURS -Tk~e Rede~e]oQmcs~t of Lianshead • residential uses would be advantageous to'create a transition from more intensive lodging uses to the low-density residential neighborhoods adjacent to the site. Therefore, Vail Resort's is proposing a text amendment to the Lionshead Mixed Use 1 zone district to allow single-family and two~fanaily residential structures as a ce~nditional use. This amendment will allow the proposed Gore Creek Residences to be approved by the Planning and Environxr~.ental Commission subject to the conditional use criteria found in the Zoning 1Zegulations. The approval criteria would allow the PEC to distinguish between appropriate and inappropriate locations for single-family and two-family uses within I.ionshead. • `Jail Resorts -- The Redevelc,pm~.i}t gPLionshead ~I rill ~ ik ~`~~ ire ~ `~~ l ~e i ~-~ / ~.: r~ i ~~ _- 4 ~ l ~. r ,~r ~fi } ~ ~ , . -~ ~ ,1 X ~ {-~rC it I S~• 1 ~,~~~ ~~i ,k i ~ l ~~' F ~G t ~ i~~ L 5 ~J~ ~• ~r~.~r }l'.. ~` ~,,>~ k~~ ~' #' ~~ ~. rte, 5 ~ ~ -~' ~ ~ r~, 1 ;~ {. I ~: v ,/'' + I-- ~... ` ~l ~h ~ it ~S If ~ ~~ I K l ~~ x~ ~ i "~] s i4 ~ ~ t~ ~~ f ~~tt~~ ,~ s i~ r`n~ i ~4'. ii + ~~ ~., `{ j4 t s ~ ~ i 4 ~+ ? .,,. ~. r ~f ! _ i ~ .~ ~ ~i ! ~ ~ .: y ' . ~`a+ !i r 1. '~... '~ f~~ ~, ~ ~ ~.'I ~!. h~ ~t ?~ I ~ ~.. -- ~~ ,K,,:~. ~ -F ~~~~ ~} ., ~~z ~ ~ _ ~~ ~,. _ t~ r' ~ j + ~. a '' ..y,Yt r~J ~~. -r it ,~ ~ _ ~~' Ja ~ rye{ ~Y' ~ ;ice ~Y~ f ~~ ~Q ~ 4 . S k jp i~t~ ,~ ~ 1: i ~ ~€ ~ . ~ ~,,: ~;` y ~ ~ o a~ ,, 'Ts ~ ~ ~ ~ o a ~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ c~ cis -~ ~ ~ ~ a~ o Aa ~ ., ~ ~ ~ ~~ ~ t~.y ~ O .~•~ a~ ~ C3 ~ N ~ O •~+ •CJ '~ ?ti ~ ¢T s~ ~ ~+ ai w Q ~ r' ' ~ ~ H S~ ~ ~ ~' p, ~`.' Q r.,, ,rte, ~"' © d ~ ~ ~ c' r a c~~+ CJ'ti Tom' ~ ~G 'r~ .-~~ N 47 r ,~. Cl~ ~ r` ~/ © '-~ r} O~ O ~~" C~ ~" ~ ~~** Q rn ~ taA ' n ccl '~, ~ ~ "c3 ~,'>, rG M ~ tom] ~ ~ G 6' ~~' ~ ~" ~n ~ w L, N e~ ... r,A ~ ~ r ~ CJ 3-~ ~ ~ ~ ~ ~ ~ ~ Cam" ~ ~ ~ ~ ~ ~ ~' .-~ r.~ c3 C.7 'd ',~ ' r G n ~ ~ t~1 ~ O ~+ ~_ ~{+ ~' cad ,~ ~+ t3 .:, v: r+ q O ~ ~ ~' cxs N U~ ~ ~ ~ ,G v Q Cam-'-, ~ N ~ ate-' ~ ~ .~ ~ ~ ~ ~ ~ ~ (,.~ ~ ~ ~ ~ ~ ~ ~ ~~y ~ ~U ~ t~ ~ ~ G ,~ ~ ~ O C.s .~ ~ T ~ ~ ~ Ln c~ o o ~ ~ ~, b ~ ~ Parking Detail: Below is a detailed analysis of the parking requirell"aent far the West Day LotlMarriott Site, Please note that net areas were used where applicable to calculate the appropria#e parking requirement. Below are Naar plans of the three levels of parking provided on the site. Uses Unit Counts 1'arkin¢ Ratios Parlcin~ Required ~C~'DT_ Hotel Condominium Urxits 84 1.4 sp./Unit t 17.G0 - -- Pentl3ouse Utvts - - ... - 29---- I<4 so./unit 40.G0{ ~1-lotel Rooms ~ ~-" ~ ~ 4G 0.7 sp_/anir 32.2u~ {Hotel Nleetin~ Rooms 3.0$0 1 sp./330 sf. 9.33 _ _ _ ~~-fotel Rescaumnt/$ar 2.5U0 1 sp./250 sf. 10.00 ~fiotel Recoil (1-iotel lobhy_shopl 3Ot7 ...3 sp./i000 se. 0.G9 Sub total 21U.42 less Nlixed Use Credit. -12.50% 2G.30 -- ~ l~G'DL~'otul ~ .,., .w-~,I$4'I2 ~M;trriott ~Candominiurn Units 35 1.4 sq./unit 49.00 {Hotel Koarns 27G U.? su./unit 193.20 Hate] ?wiectin liocams ~85 13 1 so./330 sE. 40.26 urant/Bar -- ~ ~ 00 I sp_/250 sE. 15.20 Hotel R.eta l 80 2.3 sp./1000 sF. 10.07 _ Sub total 307.73 Less lbli:ced lise Credit -1?.50°la _ 38 47 Marrrarr Toral~ _ _ ' ` 2~9 2:r; .Gore Creek Residences . { ellins; Lituts --- ~0 t.4 sp./unit 28.00 { Sub total 28.40 { Less i:vlixed Use Credit -12.50% 3 50 _ Grirc Creel.-ReslcfenCCS Fora! E ---- "' `''~`~ ~i~~ 24-aD;, .. r. .. ~';::. Qvbrall;Patkux"~:RegtYUement j - ~' ..~.'~ ,,.; ...f . ,_ n:,x "~~'~ ~ .~~ ,: ; ~ ~~, ,n~;~ ' ~:,;~7..$,~, ~ . The proposed development plans include a total of 520 parkin; spaces. There are 4? parking spaces in excess of the Town's requirement f©r the uses an skis site. However, 37 of these excess spaces are located in the Gore Greek Residences -and are not fungible with the other WDL development. Parking is provided on the site as indicated below: West Day Lat Hotel Structure: 405 spaces Gore Creek Residences: 54 spaces Marriott Hotel: b 1 spaces Vail Resorts - "E'he Rt:devt:lapment of Liot~shead • .~'- .-~~ ~r^-r ane.wm --- ...._ ...w.. ~x ~~ ~T~~~Mv.~ ~~w -~-~ -. I ~~ ~ nAnr'etOw[N'tetn Y_ '.. p...,a,'a.., {~ ~ j iftD ELU)rltF::'k7 YLrltwl - + tt I rel. g f~~~\,,.`~'S~11i~~ ~wagzru~~ }Jtl i.Ql ~Y cal Uuy Lul a .... t. ). ~ ~ ~ .. .. .. -:. ^- _.. ~_1- .._ .._ ..._ _ rr +~ J~ 1 . ~ .j -.. ~ .~ /,. ~~ L ~ ~ ~ ~ _- ~'~ ~ •~ c 4 ~ ~.' * ` / L____. _ ~ ~, ~', ~~~ v --- o ~~}~' /ys ..~ ~` ~~ •~ ~` • .. __ ]r7i r-. ~ .___ I r .. f ... ... ... _ _.. _ -- ~Yr..Y ~ ~ - .. ~~ .... .~..__.- -,~"'~() f_ !MNIN]R c;~ ~Z ~_•~ ~ .,, ~_ __ • •` '•~ I aM ''~ ~; ~ .pr F I T ~ r,'"~r ~ . J 'J; ~ . "* ~ ~~_: 0.Av '~1'^. 1. ~~n~r;i+~lw'[r'EUn ~~~'~~ ~!I)[S:15I"~1,~~TJ'I1~ ~hRilb.O 7... w,sw.i 'Ja.e.~4 •Irt•f~~ -Fiiler~'3iu 7JA l.tJ?. ti4'c+i V.~y i.ni Vvest Day Lat -Parking Levels Vail 1~esorts - T1ie Redevelopment of Lianshead $ 11 h X'f' M UV~ t MT 07~ __! rny1 +`~ `~ Loading and Delivery Detail -t ,I ,,~°,/ 4'rP ivn.ii Wwy tVlr ~tt.F aM~r. +~U'w~ ?}'-'y ~ Lub 6 + maYl4w44 LJbM r ^~r l ~sr~:~sFU~~T:~tw~~ . +sr ~.~ The Town of Vail regulations provide a series of formulas to determine the overall loading berth requirement for a redevelopment project. The regulations also contain a series of reduction credits for mixed use projects such as the West Day LatNiarrioti Site. The ma~cimum number of loading bays required of any mixed-use project in the Town of Vail is five Loading berths. Vail Resorts Development Company is providing a total of b loading berths at various locations on tl~e site. Two new loading berths are located below the new hotel building in addition to the 4 berths located at the 1~Iarriott hotel. Vail Resorts -The Redevelopment pt I,ionshead \t'eal rl ~~r I.nr West Day Lot -Upper Level Parking and Loading Etnnlovee Flousinlr: Below is a detailed analysis of the net increase in employee housing impacts of the proposed West Day Lot redevelopment. The calculation is based on the Town's gezieral methodology for deterrliining employee impacts. The forxrzula uses the l5% multiplier since the project is being developed within the density requirements of the Lionshead 1Vlixed Use l zone district as consistently used by the Town. Employee housing requirements of all redevelopment sites (including the Front Door} are being met within the building proposed on the North Day Lot. West nay tot j ` t i ~ GROSS dIT ~~ ~ , ter- U. S ~QRNtiULA EMPLQYEES 15 %MULTIALIER SPA + ~ 6,5Qt] T - -- O,i?0&3 _ 8 1.22 IRestauranULoungelKitchen 2,[G~G ~ ~~= 4A051] 13 1.88 ~ ~Ivieeting Rpoms i 4.OO14 3 fl.46 ~ ~ Lodg!ing ~~lul[i-Family Units ?" _~ I 96 ~~,',~'~ ;~_q 133 0.254fl 0.4Qt]0 23 53 3.38 ~ 7.98 Environmental Impact Report: An environmental impact report (EIR) was provided to the Town with the original Lionshead Redevelopment submittal. The changes to the West Day Lot only minimally chanbe the development irz~pacts to the site. The changes include an increase in the number of'potential low-density dwelling units from 1? units to 20 units. The number of potential building footprints has been reduced from I2 to I0. The EIR as currently submitted sufficiently evaluates the proposed development and no update is necessary, ether than an update to the overall traffic report for Lionshead. This update to the traffic report will be provided. • Vail Resorts -The Redzvelupment of Lionshead 10 ' III. NO NET LOSS OF PARKING A. Master Plan Policy A ground-vile was established during the master planning process for Lionshead that states that there will be no net Ioss of parking (public or private) in the Lionshead redevelopment area. That means that as properties are redeveloped ar vacant properties are developed parking must be provided to serve the proposed uses and that employee parking located in Lionshead (the West Day Lot and the North Day I-,ot) must be replaced if displaced by new development. Section .~.9 "Parking" of the Master Plan provides an "assessment. of existing parking conditions." That section goes on to identify the North Day Lot and the West Day Lot as existing employee parking areas containixtg 105 and 150 parking spaces, respectively. 13. Vail Resorts Parking Plant The parking plans far all of the proposed redevelopment sites address two issues: parking required for the new or redeveloped use and parking displaced from the North Day Lot and the VIr'est Day Lat. All proposed development projects (i.e., the North Day Lot, the Care Site, the West Day `~ Lot, and the Tennis Court Site) provide all of the parking required for the uses proposed. Displaced employee parking rrlay be accommodated in the fallowing ways and on the follorvi.ng sites: as surface parkin; lacated on the Maintenance CertterlHoly Cross Site or in co~~junction with a parking program utilizing Vail Resorts property lacated near the Minturn exit of I~70. A specific employee parking replacement plan and program will be pravided by Vail Resorts prior to approval of the proposed Lionshead redevelopment projects. • Vai] Resorts -'I~he l2ettevelopmenc ofLionshead • IV. PRd.7-ECT PHt1~1~1G Below is a timeline for the phasinglsequencing afthe proposed redevelopment prajects. The sequencing of these projects is key to the overall success afthe projects. Issues such as funding/cash flow, staging, and commercial disruption are all interrelated and inter-dependant and can have significac~t impact upon the ability to constnsct the overall redevelopment proj~:cts. TiinelinelSequencing: Tennis Courts Site: West Day Lot ~I Iames): Core Site: forth I7ay Lat: West Day Lat (Hotel) Anticipated Praiect Start Spring of 2004 Fall of 2004 Spring of 2005 Fall of 2003 Spring. of 2006 Anticipated Praiect Corraoletian Pall of 2004 Winter 2003 or Sprint 2006 Winter 2000 ar Spring 2007 Fall. of 2006 Winter 2007 or Spring 2008 • Vail Resorts-Thc Redeveloprncnt ofLior~sfieati 12 OQ~IO'IQ~ "1T"1i.'0 ~~.J V ~Cl. /I : A.:.1 Q~ ~l Q.V i.J .~. i. ~ i I Wit- 5`1~.~r!e5 ;ti. `' .. ~# b; 4 r ~ ~ a` ~.' ~ ~\ ~ ~.~,~yri ~ :~ttawy~se~,~ ~ ~M ,~' X11 ~, ~ ~, ~w ~\~,' S~11k1.~a^, Cep ~. ~,. ~ ~ ~ ~ t fit. ~~ ~fP~ /~J,' y c + ~ ~~ ~ ~ ~ ~ ~ l 1, X11 ~~ ,tit ~ ~ ~~ _ ~, I t Ey ' w a~ t' ~ ~% ` ~° ~ ~-t #~. 9 .v #M~ ~ Y~ s f 5'` e ~ f ~" t. ~" i 11.1 ~!pa ~-' ~ .~ °` . ~~=,-~~ ~~ .-~ ~ `-^, ~ ~I ~ ~ SI y, tly k,,~~,,, ~~\~ \ 11 Ll ~I S~ da`1\`~q " • ell k+ ~ l'- El f„~ ~_ 4 \1 aV ' ~ 1• M'' 3 i \.l 1 _. ~' ti's. ~~z a; ~ ua ~+~y "' c~. ~ t`Fao 'vlw ~' °~ b W V y-:: " ~~ -ir ,,. s ~ ~.; 5. ~ ~ r ~ ~ Sias g ~ ~~ - kk,[[ ~~z 5yppggyy cg ~ al~"~ a oq0 a9'3 a~8r&Ya ~. ..lup ~ ~ I I ~ ~~' ~~n ro P~ ktill Ic ~ ~'d~~ e ~'! 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N ~ ~ -~ 0 a ~, 4~ ~~ ~~ m J 2 ,1 2 ~ 2 W IL W IL W SL ~~ Q ,~y N 3 a ~~~ ~~ .4 a y,, V D ~ 9~.1 '~- 1 I, ~~L F w' i i '~~ } ~1 p 1 ~3 t,{IUfi~ `~ n~ll p ~1 m~ ~' o nQy~~~C3~ °ll`dl~ tlfl 1S~N0 'a'~~H~~~1"t ~r~'I h e d I, j 1 t 1 1 11 1 ~~ ~ ~ _-~ G` I' a z ~1 ~~------- ~ ~ e `~ _----- °~~~n ~ ~ pQ'~ ~CVIrJ~ 'd~HShIQ~~ x ,~~_ ~~y-~ d ~~~~~ ~~~~ ~- a ~x r THIS ITEM MAY AFFECT Y©LtR PROPERTY ~ 'y PUBLIC NOTICE ~~~~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Tawn of . Vail will hold a public. hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2004, at 2:00 PM in the Tawn of Vail Municipal Building, in consideration of: A request for a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally {On All Levels of a Building or Outside of a Building}, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Cade, to allow far the construction of an unpaved private parking lot, located at 923 South Frontage Road Westfunplatted_ ~A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District tSDD), pursuant to Section 12-9A-10, Amendmen# Procedures, Vail Town Code, to allow far an amendment to the retarded conditions of approval prohibiting the operation of restauranfs within Special Development District No. 35, Austria Haus, located at 242 East Meadow DrivelPart of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruttier A final review of a conditional use permit,~pursuant to Section 12-7H-5, Conditional Uses; Generally (©n All Levels of a Building or ©utside of a Building}, Vail Town Cade, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lianshead Circle/Trac#s A, B, C, & D, Marcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 3G4 Gore Creek DrivelLot P-3, Black 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel A request far a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow far a public utility and public services use, located at 601 North Frontage Road (Solar Vail Condominiums}/ Lat 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by KeNey Harrison, Classer Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tawn Code, to allow for snowmaking system improvements within the Gore Creek floodplain located at an unplatted parcel adjacent to the Eagle River 1lVater and Sanitation facilities, 646 Wes# Forest Road, (a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road, The public is invited to attend project orir•_a_"- ' " ~' isits that precede the public hearing in the Town of Vail Community Developm~ se call X970) 479-2138 for additional Attachment: E Attachment: ~F • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Deparkment DATE: June 28, 2004 SUBJECT: A request for final review of a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 8, Vail Plaza Hotel East, located at 100 East Meadow ILot M, N, O, Block 5D, Vail Village Filing 1, and se#ting forth details in regard thereto. Applicant: Daymer Corporation, represented by zehren and Associates, Inc.. Planner: George Bother SUMMARY • The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and Associates, inc., is requesting a final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development Distriot No. 6, Vail Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of Phase IV of the existing Vaif Village Inn and allow far the construction of the Vail Plaza Hotel. The current proposal amends only Phase IV of the Vail Village Inn Plaza. No amendments are proposed to Phases I-III or V of the Vail Village Inn. Staff believes that the proposal is in general compliance with the nine design criteria, as identified in Section VI of this memorandum. II. DESCRII'TI©N 01= THE REQUEST The applicant, Daymer Corporation, represented by Zehren and Associates, Inc., has submitted a development review application to the Tnwn of Vail Community Development. The application is a request for a final review and recommendation of a proposed a major amendment, pursuant to Chapter 9 of the Town of Vail Zoning Regulation, to Special Development District No. fi, Vail Village Inn. The purpose of the major amendment is to amend the approved development plan for the site that was approved by the Vail Town Council on September 4, 2001, pursuant to Ordinance No. 21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase IV of the District. Ordinance No. 21, Series of 2001, prescribes the development standards and adopted an approved development plan for the life, as required by Section 12-9A-6, Development Plan, Vail Town Code. According to the applicant's proposal; the development standards and approved development plan remain largely unchanged with this major amendment application. With the excep#ion of minor revisions and refinements to the architecture of the building, the overall bulk, mass, height, scale, character and layout of the hotel above grade are unchanged. The more significant 1 changes to the proposal are the reduction in the total number of parking spaces that will be provided and the realignment of the proposed vehicular access points to the hotel vff of Vail Road and the South Frontage Road. The approximate total gross square footage of the new hotel is 319,237 square feet. The following is an approximate square footage breakdown of the various uses within the hotel: •.• 62,601 sq. ft. - #ractianal fee club units :• 5,150 sq. ft. -condominium •:• 36,173 sq. ft. -accommodation units •+• 6,733 sq. ft. - employee hausing units •:• 5,965 sq. ft. ~ restaurantlretail •:• 7,227 sq. ft. -kitchen •.- 12,821 sq. fk. -- con#erencelmeeting rooms • 4,559 sq. ft. - spalhealth club •:• x78,008 sq. ft. -- common area (mechanical, maid clcasets, stairslhallways, parking, office, lobby, etc.y 319,237 sg. ft. gross building square #ootage The applicant has identified what are believed to be public benefits which will be realized by the Town as a result ofi the Vail Plaza Motel redevelopment. The public benefits associated with the hotel proposal are: • An increase in the annual occupancy rate thraugh the redevelopment ofi an alder, existing hotel. • The creation of approximately 12,821 square feet of new conference and meeting room facilities. • The implementation of the recommended Town of Vasl Streetscape Master Plan improvements along Vail Road, the South Frontage Road and a partian of East Meadow drive. + The re-investment and redevelopment of resort property in the Town of Vail. • The implementation of the development goals, objectives and policies adopted by the Town for the Vaii Village Inn property. • A significant increase in the Tawn's supply of short-term, overnight accommodation to serve our guests and visitors. • The construction of a world-class "anchor' hotel providing ahigh-level of guest services and amenities. • A potentially sizeable annual contribution to the Town's declining sales tax revenue. A vicinity map illustrating the location of the proposed SQD amendment has been attached for refierence (attachment A), A summary of the proposed amendments to the plans is outlined in a letter from Tim l_osa, Zehren and Associates, Inc., dated May 6, 2004 (attachment B). • A complete set of reduced plans has been attached far reference (attachment C). For comparative purposes„ the Community Development Department has also completed an analysis comparing the 2004 proposal and the 2401 approval. The purpose of the analysis is to provide a direct comparison of the 2044 proposal and the 2041 approval. A copy of the Vail Piaza Hotel Proposal Comparison has been attached for reference (attachment D}. III. BACKER©UND The following is a brief summary of the amendments to Special Development District No. 6 since the original adoption: • In 1976, the Vail Town Council passed Ordinance Na, 7, Series 1976, establishing Special Development Districts Na. 6, Vai@ Village Inn, to ensure the unified and coordinated development of a critical site to the Town of Vail, as a whole, and in a manner suitable far the area in which it is situated. • In 1985, the Vail Town Council passed Ordinance No. 1, Series 1988, providing certain amendments to the approved development plan for Special Development District Na. 6. The amendments included a requirement for a minimum of 175 accommodation units and 72,440 square feet of GRFA devoted entirely to accommodation units in Phase IV. • In 1987, the Vail Town Council passed Ordinance No_14, Series 1987, which amended and modified Section 8 relating to the allowed density of the development plan far Special Development District No. 6. This amendment broke Phase IV into two distinct phases; Phase IV and Phase V. This amendment established the maximum allowable GRFA for the entire District at approximately 124,0(}0 square feet. Furthermore, the amendment reduced the minimum accommodation unit requirement to 148 units and 67,367 square feet of GRFA_ In 19$9, the Vail Town Council passed Ordinance No. 24, Series ofi 1989, amending the density controls of the District. This amendment increased the allowable GRFA to 124,527 square feet and allowed Unit #34 #o be created in a commercial space. The amendment maintained the previous approval requiring a minimum 148 accommodation units and 67,367 square feet of GRFA devoted to units in Phases [V and V. • In 1991, the Vail Town Council passed Ordinance No. 9, Series 1991, providing for certain amendments to the approved development plan for Special Development District No. 6, which relates specifically to Phase ]V. • ~ln 1992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for modifications and amendments to various sections of Special Development District No. 6 which related directly to Phase IV, and which made certain changes to the approved development plan for Special Development District No. 6 as they relate to Phase IV. • In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use development including residential, commercial and recreational uses. According to the approved development plan, the applicant is allowed to construct 99 new accommodation units (hotel roams) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units X38 beds} and 1free-market condominium. The fractional fee club units are considered part-time units, since during the summer months the hotel wilt retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year} the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an ordinance repealing Ordinance No. 1, Series of 2000, and enacting Ordinance No. 4, Series of 2000, adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase lV, to allow the construction of the Vail Plaza Hotel. The purpose of Ordinance No. 4 was to allow for one foot of additional building height to permit the construction of housing for 38 employees on the site. in 2flfl1, the Vaif Town Council passed Ordinance No. 21, Series of 2fl01, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village lnn, phase lV, to allow for the construction of the Vail Plaza Hotel. Daymer Corporation submitted a new application for a ma}or amendment to Special Development District No. 6 in response to an alleged error in the public notification of a previously held public hearing, The adoption of Ordinance No. 21 resolved the alleged errors in public notification. Ordinance No. 21 and Ordinance No_ 4 were virtually identical in terms of the entitlements granted by each. In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2403, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, at~proval expiration: time [imitations, Special Development District No. 6, Vail Village Inn, to allow for athree-year time limitation on the expiration of the approval of Ordinance No. 21, Series of 2001_ In passing Ordinance No. 7, Series of 2.003, the Vail Town Council extended the expiration date of the approved development plan for the Vail Plaza.. Hotel to September 4, 2004. Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the existing hotel and restaurant are proposed to be demolished to allow for the new construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use development including residential, commercial and recreational uses. The applicant is approved to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 1$ employee housing units (3$ beds} and 1free-market condominium. The • fractional fee club units are considered part-time units, since during the summer months the hotel will retain. ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. The approximate total gross square footage of the new hotel is 379,857 square feet. • The following is an approximate square footage breakdown of the various uses approved within the hotel: •:• 62,816 sq. ft. -fractional fee club units •;• 5,499 sq. ft. -condominium • 35,818 sq. ft. -accommodation units •:• 6,332 sq. ft_ -employee housing units •:• 8,875 sq. ft. - restaurantlretail •:• 15,130 sq. ft. - conferencelmeeting rooms 24,817 sq. ft. - spalhealth club 4 221,070 sq. ft. -common area (mechanical, maid closets, stairs,'ttallways, parking, office, lobby, etc.) 379,857 sq. ft. gross building square footage On June 14, 2004, the Town of Vail Planning & Environmental Commission held a public hearing to consider an application for a major amendment to 5pecial Development District #6, Vail Plaza Hotel.. Lt~pon consideration of the application, the Commission voted unanimously to table the final review of a recommendation to the Town Council until June 28, 2004. In considering the application, the Commission raised the following questions: 1) How many parking spaces are required for all of Special Development District No. 6? (75 space deficit plus existing spaces) 2} How many parking spaces are required for the Vail Plaza Hotel only? (250 spaces) 3} Can the Developer verify ownership of the parking spaces located within the 5pecial Development District but not within the development area of Phase IV? 4} Demonstrate how the loading delivery facility located in the Vail Plaza Hotel can be physically connected to provide loading and delivery capabilities for the entire Special Development District.. The following is a summary of the existing phases and' development within the Vail Village Inn Special Development District: Phase l -This phase consists of the buildings located at the southeast corner of the District_ Phase I includes two residential dwelling unit approximately 6,059 square feet in size and nine commercial/retail spaces. Phase I[ -This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commerciallretail spaces. Phase I I is generally located in the center of the District. Phase Ill -This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercialfretail spaces. Phase III is located at the northeast comer of the District.. Phase IV -- This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,085 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest comer of the District at the intersection of Vail Road and East Meadow Drive. IV. APP~IGAS~E PANNING DC?CUMENTS Zoning Regulations According to the Offioial Town of Vail Zoning Map, the applicants property is zoned Public Accommodation. Pursuant to the Town of Vail Municipal Code, the Public Accommodation Zone district is intended, " to provide sites for lodges and residential accommodations forvisifors, fogefher with s~rch public and semi-public facilities and limited professional offices, medico! facilities, private recreation, and related visitor oriented uses as may appropriately be locafed fi the same dr`stricf. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to mar'ntairr the desirable resort qualifies of the Districf by establishing appropriate sife development standards. Additional nonresidential uses are permiffed as conditional uses which enhance the nature of Vail as a winfer and summer recreation and vacation communify, and where permiffed are intended to function compatibly with the high density lodging' character of the f7isfricf." The Public Accommodation Zone District is intended to provide sites for lodging units with densities not to exceed 25 dwelling units per acre, The Public Accommodation Zone District, prior to January 21, 1997, did not permit interval ownership. On January 21, 1997, the Town Council adopted regulations allowing interval ownership subject to the issuance of a conditional use permit, Previously, interval ownership was only allowed as a conditional use in the High Density Multi-family Zone District. On October 5, 1999, the Vail Town Council approved Ordinance No, 23, Series of 1999, amending the development standards prescribed in the Public Accommodation Zone • District. The amendments included an increase in allowable GRFA up to 150%, an increase in site coverage, the elimination of AU's and FFU's in the calculation of density, revised setback requirements, and other various aspects in the development of properties zoned Public Accommodation. The allowable building height, landscape area and limitation on commercial square footage remained unchanged. V. ZONING ANALYSIS The development standards for a Special Developmen# District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking and loading shall be determined by the Town Council as part of the approved development plan, with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Tawn that outweigh the effects of such deviations. This determination is to be made based upon the evaluation of the proposed Special Development District's compliance with the Review Criteria outlined in the following section of this memorandum. The Community Development Department staff has prepared a zaning analysis for tl~e proposed major amendment. The Vail Plaza Motel Zoning Analysis compares the development standards permitted in the Public Accommodation Zone District and the 2001 approved amendment to the 2004 major amendment proposal. It is important to note that the comparison is based on the entire area of the Special Development District. A copy of the Vail Plaza Hotel Zoninc Analysis, dated June 14, 2004, has been attached for reference {attachment E). VI. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-OA-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote ifs most appropriate use; to improve the design character and qualify of the new development within the Town; fo facilitafe fhe adequate and economical provision of streets and utilities; fc~ preserve fhe natural and scenic features of open space areas; and fo further the overall goals of the community as stated in the Uail Comprehensive Pfan. An approved development plan fora Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of properly included in the Special Development District." According to Section 12-9A-2, a major amendment to a Special Development District is defined as, "Any prapesal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-15-4, "Interior Conversions", or 72-15-5, "Gross Residential Floor Area (254 Urdiinance)" of this Title." The Town Code provides a framework for the amendment of a Special Development District. According to the Town Code, prior to site preparation, building construc#ion, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan. establishes requirements regulating development, uses and activity within the Special Development District. Upon Tina! review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 12-16-6 of the Town Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Town Cade and approved by two readings of an ordinance. An approved development plan. ]s the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall , contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist ~ of, but not be limited to: the approved site plan; floor plans, building sections, and elevations; vicinity plan; parking plan; preliminary open spaceliandscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The nine SDD review criteria are listed below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The architectural design, scale, bulk, building height, buffer zones, identify, character, visual integrity and orientation of the hotel remain largely unchanged as a result of the proposed major amendment. The greatest impact to the building's bulk and mass is a net reduction of over 59,000 square feet of building area. The reduction in square footage is a result of the eliminafion of surplus parking spaces an the lowest level csf the hotel and reductions in the restaurant and retail spaces, conference facilities and spa & health club areas. The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and wood. The roof material is proposed to be a terra cotta colored concrete file with copper flashing. The applicant has proposed to incorporate irrigated flower boxes and copper chimney caps into the design of the hotel to serve as attractive accent elements. A grayish-brown granite stone will be used around the base of the building. The use of non-reflective glazed windows all around the building reduces the potential of unwanted glare. The applicant has proposed that the exterior stucco color be an off-white or cream color to blend in with the exteriors of the buildings an the adjoining properties. Staff believes that the combination of building materials proposed has been well incorporated into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board conceptually reviewed the building's exterior design at a public hearing on June 2nd ,and with the exception of a few minor recommendations regarding window trim, transitions between buildings, and roof top mechanical equipment screening, was supportive of the revised propose[. B. Uses, activity and density which provide a cnmpatible, eff~cienfi and workable relationship with surrounding uses and activity. The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of uses includes commercial, lodging, recreational and residential Staff believes the proposed mixture of uses and its proximity to bath Vail Village and Lionshead remains consistent with the intended purpose of the underlying zoning of Public Accommodation and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe that the proposed uses within the Vail Plaza Hotel will compliment these existing uses and activities on surrounding and adjacent properties. The proposed density of the hotel and the presence of the conference facilities will improve and enhance the viability and success of the existing restaurant and retail businesses in the immediate area. The applicant is continuing to provide housing for 38 employees on the hotel site. Overall, staff believes that the density and uses proposed by fibs applicant for the Vail Plaza Hotel do not conflict with the compatibility, efficiency or workability of the surrounding uses and activities on adjacent properties. In fact, staff continues to feel that the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses and activities in the communi#y. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code, The Vail Plaza Hotel major amendmen# proposal has been reviewed for compliance with the parking and loading requirements, as amended and prescribed in Chapter 1~-1©, of the Vail Town Gode. The applicant is proposing to provide a total of 2b0 parking spaces. Included in the number of spaces that the applicant is proposing to provide is 75 parking spaces which are currently in deficit within the Specie! Development District. The Vail Plaza. Hots! has proposed a centralized loading facility for the hotel and surrounding uses within the special development district. Pursuant to the prescribed loading regulations, five loading berths are required to be provided. To insure compliance with the applicable regulation the applicant is proposing to provide frve , loading berths within an enclosed facility. Vehicular access to the facility is taken from the South F'rantage Road. The design of the access creates forward-in and forward-out traffic flow and provides adequate maneuvering and turning space within the lot lines of the development site. The flow of traffic on the South Frontage Road will not be impeded by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed 9 regulations, the loading facility will not be located in the required setback, nor will it block access to the parking spaces within the Phase III Condominium Building- Las#ly, the five laading berths more #han adequately meet the size requirements (12' x 24' x 94') outlined in the regulations. Upon review of the proposed parking and Ioadingldelivery plan for the Vail Plaza Hotel, the staff finds. that the proposal may meet the intent of the Town's parking requirements and exceeds the laading and delivery requirements. A final determination of the proposed parking and loadingldelivery adequacy can be made by the staff once the applicant has addressed the issues outlined in the memorandum from the Public -JVorks Department, dated June 7, 2004. We believe in the end that given the propased and existing uses within the district, the proximity of the development site to the Vail Transportation Center, the immediate availability of public transportation and recent trends in destination resort travel,. the proposed parking spaces will adequately pravide for the needs of pistrict. Additionally, in a recent parking study undertaken by the Town of Vail, the consultant working with the Tawn recommended a signitbcant reduction in the required number of parking spaces far fractional fee club units. The reduction has been recommended as the use of the club unit is mare similar to the use of an accommodation unit. The maximum parking space requirement for an accommodation units is one space, regardless of size. ~. Conformity with the applicable elements Qf the Dail Comprehensive Plan, Town policies and Urban Design Plan. Vail Land Use Plan (in part) The Vail Land Use Plan map and the goal statements are intended to serve as the primary focus for the review of development proposals, along with Town ordinances and regulations. Any project should be reviewed within the context of the intent of the overall Plan Document. The Land Use Plan is intended to pravide a general framework to guide decision making but is not intended to be regu[atary in nature. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for a major amendment to an existing special development district. According to the Vail Land Use Plan,. the proposed hotel redevelopment site is located within the Vail Village Area- According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area, in part, Commercial growth should be concentrated primarily in existing commercial areas to accommodate both local and visitor needs, and New hotels should continue to be located primarily in the Village and Lionshead areas, and - Increased density for commercial, residential and lodging uses in the Core areas would be acceptable so long as the existing character of each area is being preserved. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 10 • 1. General GrowthlDe~elonment 1.1 Vail should continue to grow in a co~trolied environment, maintaining a balance between residential, commercial and recreational uses to serve Loth the visitor and the permanent resident,. 1.2 The quality of the environment including air, water, and ether natural resources should be protec#ed as the Town grows. 1.3 The quality of development should be maintained and upgrade whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infll). 3. Commercial 3,1 The hotel bed base should be preserved and used more efFciently. • 3.2 Ti he Village and Lionshead are the best location for hotels to serve the future needs of the destination shier. 3.3 Hotels are important to the continued success of the Tawn of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village CorelLionshead 4.1 1suture commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. §. Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. • 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 11 The Vail Land Use Plan projects a need for additional lodging units in the Tawn of Vail While the statistical information used to project need is most likely outdated, staff believes there continues to be a need for additional lodging units in the Town of Vail. The Plan projected a need for a total of 395 additional lodging units by the year 2000. Staff believes the proposed major amendment of Special Development District No. 6 meets the intent, goals, and policies of the VaiC Land Use Plan as outlined above. Encourage 'high quality redevelopment whiEe preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Objective: Implement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policy: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan. and Urban Design Guide Plan. 12 Vail Village IVlaster Plan According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the staff, review boards and the Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted an page 35 of the Master Plan, "It is important to nofe fhaf the likelihood of projecf approval will foe greafesf for Chase proposals fhaf can fully comply wifh the Vail Village Master Plan." Staff believes this statement reemphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that 100% compliance is not required in order for a project to be approved. The staff has identified the following goals, objectives and policies as being relevant to this proposal: • • • renal #~ 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Poficv: Public improvements shelf be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found 'rn the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.3 Objective: Increase the number of residential units available for shvrt- term, overnight accommodations. 2.3.1 Palicv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available far short-term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activities where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policy: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector- 2.6.1 Policy: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a tap priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 13 3.1.9 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas}, along adjacent pedestrian ways. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village_ 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas anti expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.4 Policv: Open space improvements, including the addition of accessible green space as described or graphically shown in the Vai[ Village Master Plan and/or Urban design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the trartspvrtation and circula#ion system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1,1 Policv: For new development that is located outside of the Cammercjal`Core 1 done District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking 14 demand as required by the Zoning Code. b.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. URBAN DESIGN CQNSIDERATIONS Iin nartl These considerations relate to general, large-scale land use planning issues, as well as farm considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. B. VEHICLE PENETRATION To minimize congestion to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Villagell_ionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive • will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative aocess points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. • Staff Resoanse: The redevelaprnent of the .Vail Plaza Hotel wr"ll increase vehicular Traffic in the Main Vai! Roundabout and on Vail Road. ,4s a condition of approval pursuant fo Ordinance No. 21, Series of 2001, the applicanf is obligated fa construct improvements fo the South Frontage Road and Vail Road. Due fo the net reduction in fhe various uses an the development staff anticipates a minimal reduction in vehicle (rips. The minimal reduction in trips does not alfer the fraffic improvements required of the developer. Staff feels the applicant has addressed fraffic issues to the exfenf passible. F. BUILQING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. Staff Response.° 15 No changes to the aNawable building height are proposed, nor should any be approved. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alterna#ives are not provided. In all new anal remodeled construction, delivery which avoids or reduces impacts an pedestrian ways should be explored; and adopfed whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village {Sitzmarlc/Gore Creek Plaza, Village Center, Vail Village Inn7. Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. • Staff Response: Through the course of sfaft's original review of the Vail Plaza Hotel redevelopment proposal, several loading and delivery options were explored. The applicant had originally proposed to pr©vide far fewer berths than whaf the cun-ent approval requires. The current approval requires five berths. The five berths will be able to be utilized by the entire Vail Village Inn Plaza and are connected via a series of elevators and below grade service areas. The service areas are located away from areas of major pedesfrian acfivity. The main service area is adjacenf to fhe South Frontage Road in an enclosed facility. The centralized approach to this facility is unprecedented in Vail. The applicant has redesigned and reconfigured the enfry fo the loading and delivery area of the building, Whr'fe there appears to be several advantages to the new design, staff recommends that fhe developer addresses fhe ~3 issues identified in fhe memorandum from The Town of Vai! Public Works Department, dated June ?, ~OD4, prior to receiving a final recommendation from the Planning and E'nvironmenfal Commission for this major amendment application. E. Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. According #a the Official Town of Vail Hazard maps the Vail Plaza Hotel development site is not located in any geologically sensitive areas ar the 100-year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive trr natural features, vegetation and overall aesthetic quality of the community. The site plan, building design and location, and the open space previsions designed to produce a functional development responsive and sensitive to natural features, 16 vegetation and overall aesthetic quality of the community remain largely unchanged with this major amendment. The most significant changes to the site plan includes the following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design and layout of the outdoor pool area. Vehicular access is now limited to one point of ingresslegress with the resulting necessary vehicular circulation occurring within the ,property fines. As approved, two curb cut were to be provided on Vail; one for ingress to the ports cochere and underground parking structure and a second for exiting the property. ©veral[, staff believes that the proposed major amendment complies with the criteria as outlined above. +G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The redesigned on-siteloff-site vehicular and pedestrian circulation system design has been discussed in great detail. The Board and Commission centered their discussions on providing adequate pedestrian and vehicular access tv & from and within the development site. In response to the concerns, the applicant has redesigned many areas of the plan. The pedestrian areas include the pedestrian connection through the hotel to the Gateway Building, the alleyway spaces between the hotel and Phases 1[I & V, the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the new bus stop on East Meadow Drive, The vehicular areas included providing adequate turning and maneuvering area at the ports cachere, the entrance only and exit only driveway locations on Vail Road and the entering and exiting design of the loading3 delivery facility. Pursuant to the submittal requirements for the previous major amendment request, the applicant was required to submit a Traffic Report, A Traffic Report was prepared by the traffic consulting I:Irm of Felsburg, Holt 8~ Ullevig. The purpose of the report was to evaluate the impacts of the ho#el development and the proposed traffic pattern circulation. on the Town's street system. This report was used by staff to analyze traffic impacts of this project. In summary the transports#ion engineers found that the proposed vehicular circulation system is reasonable and appropriate. It is believed that through minor mitigation measures such as signage and an "enter onlylexit only" design the traffic impacts and safety concerns of the Town can be resolved_ {overall, staff believes that with several minor changes and revisions to the plans, the proposal meets the criteria of providing adequate on-site and off-site vehicular and pedestrian circulation systems. Again, however, staff recommends that the developer addresses the 13 issues identified in the memorandum from The Town of Vail Public Works Department, dated June 7, 2004, prier to receiving a final recommendation from the Planning and Environmental Cammissivn for this major amendment application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Since the adoption of the approved development plan the applicant has submitted a final r landscape plan to the Town of Vail Community Development Department for review and approval of the plan by the Design Review Board. 1~ Staff believes that the landscape improvements proposed will be beneficial to the quality of the landscaping in both the public and private spaces in the vicinity of the hotel. Through the implementation of the Town of Vaii Streetscape Master Plan, a portion of East Meadow Drive will be enhanced aesthetically. The improvements will include new heated brick paver walkways, the completion of the bus stop, updated streetscape lighting, and wider pedestrian walkways and stairs. The landscape elements of the proposal have been reviewed on a conceptual basis by the Town of Vail Design Review Board. Upon review of the proposal the Board has voiced a favorable response to the applicant. A final landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. The design of the plaza area south of the hotel is consistent the previous direction and intent of the overall development of the District. The creation of the plaza, with the associated goal area, landscaping, outdoor cafrr, pedestrian walkways and retail store fronts complies with the guidelines of the Open Space Plan, an element of the Vail Village Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior to the development is intended to be a public plaza with greenspace opportunities. Staff believes that based upon the sun/shade analysis prepared by the applicant, the plaza area will receive adequate amounts of sun light throughout the year. The access to sun light will insure a pleasant, useable plaza area in the Town. The proposed pool and hat tub deck area is intended to address the recreational needs of the District. The use of these recreational amenities will be made available to the owners of property within the District. The new pool will replace the existing pool on the Phase IV development site and will insure consistency with the general direction of the Open space Plan. Overall, staff believes that the proposal complies with this criteria. I. Phasing plan or subdivision plan that will maintain a vvorkalale, functional and efficient relationship throughout the development of the special development district, In accordance with Ordinance lVo. 21, Series of 2001, Section 5, in part, "...the phasing of the construction of the hotel shall not bE permitted. ", the applicant is not requesting approval to phase the construction project. A construction staging plan wiA be required at the time of building permit issuance. The plan will be reviewed to maximize the workable and functional relationship between the redevelopment of the hotel and the existing uses, structures and traffic systems in the vicinity of the development site. The goal of the plan will be maximize the efficiency of the construction process and to minimize the negative impacts inherent to major construction projects. VII. OUTSTANDING ISSUES On June 14, 20x4, staff identified a number of outstanding issues that needed to be addressed by the applicant. Staff was recommending That each of the issues identifed in this section of the memorandum be addressed by the applicant prior to the Planning and Environmental Commission forwarding a recommendation to the Vail Town Council on the proposed major amendment. Included in the list of issues were several of the existing conditions of approval, as outlined in Section 5, Ordinance No. 21, Series of 18 2d{?1. Since June 14'h the applicant has addressed a number of the outstanding issues to the satisfaction of the staff. Those issues are identified in italics below, • That the Developer submits a detailed final landscape plan and fine! architecture! elevations far review and appr©va! of fhe Town ©f 1Ia11 Design Review Board; prior to applicafion for a building permit. • Thaf the Developer submits a complete set of plans to fhe Colorado Department of Transportafion for review and approval of an access permit. • Thaf the Developer submits a final exterior building materials list, a typical wall sections, architecfura! details and a complete color rendering for review and approval of the Design Review Board. • That the Developer submits a roof--fop mechanical equipmenf plan for review and approval of fhe Design Review Board. All roof-top mechanical equipment shall be incorporafed info the overall design of the hotel and enclosed and screened from public view. • That the Developer studies and redesigns the enfrance on the north side of the hotel across from the enfrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians fo another entrance, The final design shall be reviewed and approved by fhe Design Review Board. • That fhe Developer revises the proposed floor plans for fhe Vai! Plaza Note! to provide freight elevafor access to the lowest level of the parking structure. The revised plans shall be submifted fo the Town of Vail Community Development Department for review and approval prior to fhe issuance of a building permit. • Thaf fhe Developer redesigns the proposed elevafor tower to create an architectural feature atop the tower and revises the proposed building elevations and roofplarl, prior to final review of the proposal by the Design Review Board. The Board shall review and approve the revised design. • That the Developer submits a written letter of approval from adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the hotel, prior to the issuance of a building permit. • That fhe Developer addresses the issues identified by fhe Community Development Department as red-lined revisions on fhe proposed major amendment application submittal plans. VIII. STAFF RECOMMENDATION The Community ®evelopment Department is recommending #hat the Planning and Environmental Commission forwards a recommendation of approval of the request for a major amendment to Special Development District #fi to allow for redevelopment of Phase IV of the Vail Village Inn to the Vail Town Counci. Staffs recommendation is based upon the review of the criteria outlined in Sections V & VI of this memorandum and the completed list of outstanding issues outlined in Section VI[ of this memorandum. 19 Staff believes that the proposal is in general compliance with the nine design criteria, as identified in this memorandum. In reviewing the proposal, staff identified a number of pros and cons that we believe are associated with the amended hotel proposal. The list includes, but is not limited to, the following: PROS • The presence of economic redevelopment in Vail. • An increase to the Town's supply of hotel beds and an increased level of quality.. • The implementation of the Town's development goals, objectives, and policies. • The creation of new, deed restricted employee housing to offset the housing impacts associated with the hotel. • The elimination of an unsightly surface parking lot. • The completion of the final phase of the Vail Village Inn Special Development District. • The construction of new conference and meeting room facilities within the Town. • The construction of public improvements funded with private dollars. • The potential increases in sales tax revenue. • An increased amount of public open space. • An improved and updated loadingldeliveryfocility which is relocated from Vaii Road. • The provision of 18 on-site employee housing units. CONS • Increased vehicular traffic on Vail Road. • Deviations from the underlying zoning development standards are required. • The bulk and mass of the new hotel is significantly greater than the sizes of buildings presently on the development site. • There are increased impacts of shading on public areas. • The conference and meeting room facilities are potentially under-sized. • Additional views of Vail Mountain from pubtic areas will be negatively impacted. • Only a portion of the dilapidated plaza paver surface is being replaced and improved. • Increased loading/delivery truck traffic an Town streets. • There is only a marginal net increase of true accommodation units over what exists today. • An eighteen to twenty-four month construction process (noise, construction traffic, etc). Should the Planning & Environmental Commission choose to forward a recommendation of approval of the requested major amendment to the Vail Town Councif, staff would recommend that the Commission make the following finding: "That fhe proposed major amendmenf fo 5pecia! Development Disfrief #6, Vail Village Jnn, complies with fhe nine design criteria outlined in Section 92-9A-8 of fhe Tavvn of Vail Municipal Gade. The applicant, as required, has demonsfrafed fo the satisfacfion of the Commission that any adverse effecfs of fhe requested deviations from fhe development standards of the underlying zoning are outweighed by fhe public benefifs provided or has demonsfrated that one or more of fhe developmenf standards is not applicable, or that a pracfical solution 20 consister7t with the public interest has been achieved. Further, fhe Commission finds that the requested conditional use permit to allow for the operation of a fractional fee club complies with fhe applicable criteria and is consisfenf wifh the development goals and objectives of the Town. Lastly, public notice of this public hearing has been serf to adjacent property owners and published in a looaf newspaper of record in accordance wr'th Section 92-3-fiC of fhe Town Code." Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: That the Developer provides a centralized loadingldelivery facility for the use of afl owners and tenants within Special Development Dfstric# No. 6. Access or use of the facility shall not be unduly restricted far Special Development District No. 6. The loadingldelivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loadingldelivery programs, sanctioned by the Town of Vail, to mitigate loadingldelivery impacts upon the Vail Village loadingldelivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail andlor others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to applica#ion far a building permit. 3. The sdd approval time requirements and limitations of Section 12-9A-12 shall continue to apply to Ordinance No. 7, Series of 2043 September 4, 2004). In addition, the phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel. a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 5. That the Developer records public pedestrian easements befinreen the hotel and the Phase ill Condominiums, between the hotel and the Phase V Building, and along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records adeed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said 21 restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions far vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7, That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. S. That the Developer posts a bond with the Town of Vail to provide financial security for the 125°l0 of the tots! cost of the required ofF-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase 11, Phase III and Phase V to create a below ground access for loading and delivery to the Gateway from the VaiC Plaza Hotel to resolve po#ential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 11. That the Developer, in cooperation with the Town of Vai! Public Works Department design and construct a heft-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loadingldelivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruttier, dated 12113199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior tofiirst reading of an amending ordinance by the Vail Town Council. 13. Submit revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. IX. ATTACHMENTS Attachment A -Vicinity map illustrating the location of the proposed amendment. Attachment 13 -Summary of the proposed amendments to the plans from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004. Attachment C _ A complete set of reduced plans. Attachment D - A copy of the Vail Plaza Hotel ProposalComparison. da#ed June 14, 2004. Attachment E - A copy of the Wail Plaza Hotel Zonino Analysis, dated June 14, 2004. 22 Attachmen#: B Z E H R E N AIVD ASSE3CIATES, IIVC. lvlay 5, 2004 Mr. George Ruttier Senior Special Projects .Planner 't'own of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81557 Re: Vail Plaza Hotel Minor Amendment to Special Deve[opment District George: Below is a summary of the proposed amendments to the Vail Plaza Hotel Special Development District as adopted in Ordinance 2l, Series of 2001 dated September 4, 2001. In summary, through design anal engineering of specific below grade and back of house areas of the project, we have reduced the overall area of the project by approximately 59,000 square feet while maintaining the exterior, above grade, residential portions of the project essentially as they were approved in 2001. We have accomplished this through the design and coordination of the required service, mechanical, and "back of house spaces" as well as reducing the size of the spa, health club, pool, the bar and restaurant outlets, the size of the conference facilities. The overall number of parking spaces required has also been reduced through a reduction in the areas that require parking as well as througl} the application of Schedule A of section 12.10.10 of the town's zoning ordinance. In addition, with further eng,ineerin ;, the alignment of roadways and access points has been re- aligned to reduce the number of access points and keeping the access points and required easements as they exist today. A floor-by-floor analysis is as follows: Survey The survey has been updated indicating adjacent areas impacted by the redevelopment of the project. The datum has increased by approximately ~'-0" from the previous survey to match the East Meadow Streetscape improvements. Site Vignettes These sheets have been replaced with a landscape plan. Level 127 (Level -3) This level has been relocated to level 138. Level 138 (Level -2) This level has been eliminated in its entirety. Level -3 (parking} has been relocated to this level. Level l49 (Level -~1) The ballroom size has been decreased in size. The breakout space has been decreased in size and relocated from level-2. All spa and health club functions have been removed from this level. At~CHITECTURE • PLANNING • {NTEhiO~S • tANE15CAPE AI2CFilTEGTUhE Vail Plaza Hatel 20041590.00 Parking spaces have no change. Zehren and Assaeiates, lac. 516/2004 Level 160 {Leve10) Spa and health club areas have been reduced in area or relocated from this level. Laundry, housekeeping and personnel areas have been relocated to this floor. Retail has been slightly increased an this level. The guest. entry has been re-aligned to the center of the porte-cochere. Level 170 (Level 1} The Lounge was reduced by 315 square feet, The Specialty Restaurant was reduced by 880 square feet. The Main Restaurant vas reduced by 172 square feet. The outdoor pool deck was relocated to the plaza level from two levels below. A reduced exercise (health club) area was relacated to the retaiilstair area. The main conference stair was relocated to the restaurant lobby area. The service entry has been re-aligned to its existing entry point. Level 180 (Level 1.5) The addition of one accommodation unit. Level 190 (Level 2} No significant change. Leve1200 (Level 3) No significant change. The loss of one key or lock-off from a fractional fee unit. Level 210 {Leve14} No signifcant change. Level 220 {Level 5) No significant change. The lass of two keys or lock-offs from fractional fee units. Level 230 (Level 6} No significant change, The upper level dwelling unit has been slightly reduced in area. Roof Plan No significant change. Street Sections No significant change. Plaza Sections No significant change. Building A Elevations No significant change. The Pool Area is relocated up t4vo levels. Building A Sections No sig~rsilicant change. Building B Elevations No significant change. The Poo] Area is relocated up two levels. Building B Sections No significant change. $ulding Height Ylan 1 No sigrnificant change. Datum increased by 5'-(~" to nx<~tch survey, 2 • Vail Plaza Hotel Zehzen and Associates, Inc. 2fl0~ 1590.0 Sf612tIt3~ • Building I-ieight Plan 2 1Vo significant change. Poo] Study Sheet dele€ed. Vai] Road Setback Study No significant change. Loading; and f}elivery No significant change in bay location. Plan Entry point has beer, revised. Sheet deleted. Street Entry Study Entry points have been revised. Sheet deleted. Sun Study No significant change. Landscape These sheets have been replaced with a landscape plazr. Improvements Plan C7ff--Site Improvements No significant change. Plan Updated East I'vleadow Streetscape. Crossroads sidewalk delegated to Crossroads redevelopment. A]so enclosed is a program summary for comparison to the 2001 approved summary. Please do not hesitate to contact zne with ~u-ry questions or concenjs concerning the subnuttal. Slllcerely, T - J- Tim Losa Project Manager Zehren and Associates, Inc. r • • U .~ U RS ~J 9 1 I Ie Y 4 I I~ ~ r°_---.. t-- i i e I ,I ~ __ Y I VI I I ~' ~--- - ~~' y~y' p~~"'~ \\ I °'1~ ` ____~I ' L ~ .~~ . ~ ~ \~ ~ K ~; ~ ~ e~ i ~ ~ q o [fin A I ~ ~ '~ ~ ~ ~2~~ _ .:. 3 ~ p 'q ~• ._ 1 f l l 3 E `___ i ~!1__ .~ r .. ~~ _ 1 1 J ' 11 i -_ ~ ~ o ~ _ 0~~ ~I _ J ~ `~ ` (f6Y ~ ` `1 l- * n ~ r ~ ~ I ~ ~. , , 1 ~ r t ~~ f~ C ~~ ~ s r' r I ~ ri P~ ~ r ''. G i ~ o ffl t r ~\ f ~ i -~ ti 1 ~ '~ ~; 1 ® I ---- ~ ~ , ~ ~ _ ~ ~ I~ ~ r III ~ m I ~ ~ tr -.I _` ~. ~ a'~ m I ~ ~~ ~`+ 1 ~ _~ ; ~. ~ ~ ~ ~ jay \ t 'F> 1 O~ C. 1.. •w y~Yaz-~.t ~ i. 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D ~ = C i ~ _" ~ ~ a6 1 s ti m ~ :~ "' u ~ _ U M d N ~ ~ ~ ~ m~ cc c 4. ~ csCi Y dl ~ ~ .Q O C n C w '~ y on v ~~ ~ CAM' t r..rn ap~n]~ S I f~ W N N ~ ~ Y 91 ~ M ~ f3 ~ L a ~ _C 7 Q V V O, ~ L m ~ ~ ~ op h N t so v ~ C C O C u is Q1 6 VS (!; m a a a U U - > ~ o O O y F- F iY7 N C V ^ ., C d1 sy S ~ J LPL S ~ ~ (~ L c O ~ ~ e C s ~ iv < ¢` ~ u K C7 ~ O ~ d 4 N ~ {a C V o 9 M C L¢L N a s W o '" N w ~ iCJ O ~y o N 0 0 ,~ 41 ~? ro ~ o o n U 1' 1 i 0 E L ~'1 ~' m V C Cr H p p C O p C C M p ~ O p N C q a ~, ~ E C gp ~~ N CS ~ -a ~ C N (p L ~ 3 o ~ c ~ N d O 4 ~ O ~ m z m ~ L N ] ~ C r y Y' w L ~O ~ ti m o. Q m fC o ~ ~ ~ ~ CI U ~ ~ N ~ O C ~ 2 Attachment: F •~`O~N OF VAIN I~eRartment of Community L7evelopment 75 South Frontage Road Y'ail, Colarado 81657 970-479-2138 FAX 970-479-2452 wwx? vailgov.com From: Chad Salli Date: ]une 7, 2QQ34 Subject: Vail Flaza HateI After reviewing the submitted plans far the Vail Plaza I-IoteE site, Fublic 1Vorks comments are as follows: 1. Double check survey information to make sure they are all on the same datum 2. Provide centerline profile of all access points 3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident history) exists in maintaining this access as full movement with the close proximately to the main Vai] roundabout, right in/right out only movement may be required, landscaped median required, 6' heated brick paver walls with curb & gutter required from Vail Rd to east side of building to the cast (Village Inn Flaza), b' concrete walk with curb & gutter from Village Inn Plaza ko Village Center intersection. Plan and profiles will be required 4. Vail Rd: left turn is only to serve the Vail Plaza Hotel access, no median on Vail Rd required, b' heated brick paver walk required from S. Frontage Rd to Meadow Dr. flan and profiles wiI1 be required 5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans b. Is access to building to the east still going to be provided tltru the loading/delivery area? If not, how is access going to be maintained and is access easement going to be vacated? 7. LoadingJdelivery area is t© serve the buildings to the south via a tunnel, please show how this is to Function. $. Loadingldelivery area is to serve the building to the west, please show how this is to function. 9. Please show circulation and turning movements for the loadingfdelivery area, al] turning movements must be done entirely on site. ©. Grading and. drainage plan needed. 1 I . Sediment and erosion control plan needed. 12. vehicular circulation in the pone-cochere should be counter-clockwise for driver expectancy 13. Incorporate public art into development work with AIPP $oard and Coordinator Should you have any questions, fee] free to give me a call 92b-21 b9. • RECYCLED PAPER Memorandum To: George Ruther, Senior Special Projects Planner From: Greg HaII, Director of Public Works and Transportation Subject: Vail Plaza Hotel -Review of the November 23, 1999 Plans Date: December 13, 1999 I have completed my review of the Vail Playa Hotel and have the following comments and concerns. Some of these are truly comments, which should be corrected as the project progresses through the development process, and others are Concerns or conditions, which shall be taken care of at tine appropriate times in the process. The following corrections to the plans are required: ^ The scale stated on the site illustrative plan is incorrect, please label Correctly. ^ Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 % grade at the lowest level is not 145' as indicated. ^ Provide the slope (°/©) of the parking area in the lowest valet area and the location where the grades chance from l28' to 130'. ^ Please show all access points and doanvays to elevators and hallways. Specifically, access to the elevators in the Level Minus Two, this may cause valet spaces to be eliminated. Access. to the small elevator lobby from the loading berth., and access from the loading berth to the freight elevators, The exact location of the garage door into the Phase III parking. structure. Show the staging area in front of the freight elevator and how this may impact access to Phase III and the safety of those using the elevator. Shaw the location of the trash pickup. ^ The eastside curb alignment of Vail Road is shown per the survey. However, there appears to be one shat out of line, this causes a jog right at the hotel entry, which doesn't exist. The curb moves one foot f at this location. o ^ The widths of Vail Road, the South Fronr<~ge Road and );ast Meadow Drive along with the exact locations of the curbs of the roundabout and median islands and opposite side of the street will need to be shown accurately prior to first reading before the Town Council Issues for Discussion There leas been significant discussion with regards to whether a lef}-turn lane is required on Vail road. The hotel location as it is presently designed would not have to mows if the desire fora ]eft-turn is there. A pedestrian easement would be required to push the walk east to make room for the additional l 2' lane. Virtually all of the landscaping on the east side of the road would be last. A space of 3' toll' wide as you go north would exist on the south building and the space would be 8' to 15' along the north building. The need far aloft-turn lane was specifically reviewed and evaluated by the traffic consulting firm of Felsburg, Holt & Llllevig. In the Traffic Report prepared by the consulting engineer, the engineer has stated that based upon traffic projections, vehicles "backing up" into the roundabout traffic would nat. aGCUr. A review of the roundabout design with regards to Vail Road traffic determined that at Current volumes, there is a flaw of 321 vehicles in the AM peak hour with a capacity to take 15Q I vehicles and a maximum queue of 1 vehicle,. in the PM peak flow was 484 vehicles with a capacity to take T423 vehicles and a maximum queue of 2 vehicles. The roundabout desib allows fora 50% increase in peak flows with the AM having a peak hour flow of , 48l vehicles with capacity of 1172 vehicles with a maximum queue of 2 vehicles, The PM peak flow would be 73S vehicles with a capacity of 1455 vehicles and a maximum queue of 7 vehicles. This queue does not impact the entry into this site. The Vail Plaza Hotel Traffic Report states the current nortlabaund traffic volume of Vail Road is 695 vehicles. The added trips to Vail Road will be approximately S7 trips in and 4D trips out, during the peak PM period. They also analyzed that the trips were turning in against 9D0 vehicles verses the 735 trips. As estimated in the future roundabout calculations. The. second issue is that the loading bay requirements for the site were to accommodate the turning maneuvers of a 30' single axle truck, a 45' over the road coach and a SD-fact semi tractor trailer on-site, and to additionally to allow a GS' semi tractor trailer to maneuver without impeding the flaw of traffic on the South Frontage Road_ The applicant has provided an access and maneuverability plan, which illustrates that the maneuvering of the vehicles takes place partially off-site, in the right-of-way. However, no backing motions occur across any sidewalks and the traffic slow on the South Frontage Road is not impeded. Extending the proposed South. Frontage Road median through this access point could salve the question of the left turn out far the frontage road access. It would be desirable to at least provide a left tum pocket east bound. somewhere in the frontage road to altaw U-turns of passenger cars at a point that is determined appropriate. This is mast likely at Village Center Chute. The landscape median would need to be extended the entire length to ensure this takes place where determined. This entire access. plan on the frontage road will require a Colorado Department of Transportation revised access permit. The transportation engineers at CDQT have the authority to decide how the access functions, Improvements and Conditions The required improvements for this development are a G' heated paver walkway from the east property line of the SDD to the Gateway Building. In addition any revisions to the curb will require new curb and gutter and modifications ar additions to the storm sewer system. The extension of Village-style street lights is also required. Any necessary modifications to utilities, Iandscaping, irrigation systems and required retaining walls shall be the responsibility of the developer. The walkway will be delineated in pavers across the driveways behind the cross pans. • Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons, any masonary rock walls; plant material, bedding mix to TDV specifications, and irrigation system and water connections and sleeves. • Improvements to Vail Road include a heated 8' paver walkway from the Gateway Building property to East Meadow Drive. ,r'1I1 additional improvements to allow for this to take place as similarly as stated above for the frontage road are also the responsibility of the developer. • In addition, adding curb, gutter and a 6' concrete walk from the east propez-ry line of the SSD to and around the curb return of Village Center Chute on the South Frontage Road. Any modifications to the drainage system to accomplish this work are considered the requirement of the curb. Work such as retaining walls and utility modifications are the responsibility of the Town of Vail. ^ Ds:tails of the improvements from Fail Road to the west edge of the Phase I building (Base Mountain Sports) along with the improverents of the bus stop along East Meadow Drive are as follows a heated paver walkway attached to the street and bus slap along with all modifications to drainage, utilities, retaining walls, drainage systems, irrigation, landscape modifications street lighting and any adjacent property improvements impacted. • The orange street li~* is existing along. the entice length of East Meadow Drive shall be charged to the Village-style street light fixture. This insta{Iation shall be completed by the developer. • A final grading and drainage plan be prepared and ail drainage systems carrying runoff'fram public right of ways require drainage easements. The final grading plan will have all grades to the tenth of a foot . • A final landscape plan showing sight distances, snow storage areas, and all existing vegetation impacted. • The entire building will require a guttering system ,heat tape and piping to the storm sewer to be provided.. • That snow shedding is addressed for the entire building. • The pedestrian walks slang Vail Road and the other pedestrian mews are established as public pedestrian easements. • Cornplete civil-engineered plans are approved prior to submitting for the building permit. • Piannin~ and Environmental Commission ~.:. ~ Ak, t ION i=oRM T k s~~ ~ Department of Community Development ~'~~'~ ;' ~~ ~'~1~. 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax:97fl.479.2452 web: www.ci.vail.ca.us Project Name: Lat P3 CUP amendment PEC Number: PEC040033 Project Description: Participants: Amendment to existing Conditional Use Permit to add up to nine tg~ new parking spaces on the lower level of the parking garage under construction at Lot P3 OWNER VAIL CORP PO BOX 7 VAIL CO 81658 License: ,4pPLICANT VAIL CORD' Po BOx 7 VAIL CO 81658 License: Project Address: 384 GORE CREEK DR VAIL 364 GORE CREEK DRIVE 06/01/2004 Phone: 06/O1/20a4 Phone: Location: Legal Description: Lot: P-3 Block: 5A Subdivision: VAIL VILLAGE FILING 5 Parcel Number: 210108239003 21{)108239002 Comments: See conditions BOARD/STAFF ACTION Motion By: Kjesba Second By: Lamb Vote: 6-0-0 Action: APPROVED Date of Approval: 06/28/2004 Conditions: Cand: 8 (PLAN): Na changes to these plans may be made without the written consent of Town of Vail staff and/ar the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid far 20 days fallowing the date of approval. Cond: CON0006528 The applicant, VRDC, must submit a revised set of plans to the Building Department of the TOV Comm Dev Dept print to August 1, 2004, illustrating the changes in improvements, as required by the TOV PEC