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HomeMy WebLinkAbout2005-0808 PEC• • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ,~ August 8, 24Q5 ~CIWN(~ t~Ali, " PROJECT ORIENTATION _ Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion (until 3;30 p.m.} Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Lodge Tower - 200 Vail Road 2. Conference Center - 395 East Lionshead Circle Driver: George Public Hearing -Town Council Chambers 2:00 pm 1, A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow for Gross Residential Floor Area to be constructed within the front setback, located at 1797 Alpine Drive/Lot 40, Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Dantas Builders, Inc. Planner: Elisabeth Eckel ACTION: Approved MOTIDN: Kjesbo SECOND: Lamb VOTE: 7-0-0 Elisabeth presented the project according to the memorandum. No public comments or Camrnissioner comment was added. 2. A request far a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Cade, to allow far the operation of a private club, located at 333 Hanson Ranch RoadlLot C, Block 2, Vail Village Filing 1, and setting forkh details in regard thereto. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren CampbelllGeorge Ruttier ACTION: Tabled tv August 22, 2005 MOTION: Viele SECOND: Lamb VOTE. 7-0-0 3. A request for a final review of a variance, from Section 12-78-12, Height, Vail Town Code, and Section 12-78-15, Site Coverage, Vail Town Code, pursuant to Chap#er 12-17, Variances, Vail Town Code; and a request for a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for additions and exterior renovations to Page 1 the Lodge Tower, located at 20U Vail RaadlLot 2, Lodge Subdivision, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Lodge South Condominium Association, Inc., represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Approved with conditions MQTI4N: Kjesbo SECQND: Lamb VOTE: 6-1 _Q (Niels opposed) CUNI)ITI~INS: The applicant shall revise the proposal to lower the new elevator #ower's ridge elevation to not exceed the existing ridge elevation of the Lodge Tower's east elevator tower. Bill Gibson presented the project according to the memorandum. Stan Cope, applicant, and Dominic Mauriello, applicant's representative, presented an overview of the proposal. David Viele mentioned that he had some difficulty understanding the hardships that were precipitating the variance requests. He continued that Council had spoken clearly against non, conforming height. Chas Bernhardt commented that needing some leniency from the regulations in order to increase the service level was sufficient need for the variance requests. Bil'I Dewitt commented that he felt that. the Commission should use the legal criteria available in the Vail Town Cade to justify or not justify variance requests such as the ones being presented. Because this is part of the Front Daor project, he felt that an approval would be good, yet also felt that the site coverage variance wasn't necessarily justifiable. Dominic Mauriello responded that "existing site conditions" has often been ample justification for the Planning and Environmental Commission's approval of variances. His sentiment was that the size of the lot was the hardship justifying the variance requests. Rollie Kjesbo stated that he agreed with the approval of all the requests with the exception of the height variance. George Lamb strongly encouraged that the need for a height variance be reconsidered. Doug Cahill mentioned his support of the further development of this property. He agreed that there may not be a need far the height variance. Dominic Mauriello commented that due tv the zoning, a height variance would be necessary as long as any height beyond that allowed by zoning was requested. He suggested that perhaps the applicant try to match" the height of the elevator tower elsewhere an the building. Doug Cahill agreed that the Commission could support the equal height of both elevators, rather than the extension above existing height of the proposed elevator tower. Chas Bernhardt commented that before a condition such as that was discussed, appropriate codes should be accessed to decipher the current height requirements for elevator installations. Bill Dewitt maintained that an actual height restriction be applied to the proposal. • Page 2 4. A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Hotel, pursuant to Section '[ 2-9A-10, Vail Town Code,. to allow for a reduction in the total number of dwelling units and fractional flee club units in the hotel; a decrease in building height at the northwest corner of the building, and a reduced setback requirement, located at 28 South Frontage Road and 13 Vail RoadlLots 9A& 9C, Vail Village Filing 2, and setting forth details in regard thereto. Applicant: Vaii Development L.L.C., represented by Zehren Associates, Inc. Planner: Matt Gannett ACTION: Approved with conditions MOTION: Itjesba SECOND: Jewitt VOTE: 6-0-1 (Lamb recused) CONDITIONS: 1. The Developer shall address the following conditions of approval prior to making application for a building permit for the 'Four Seasons Resort: ® The developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board. o The developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. Thies will be demonstrated on a set of revised plans far Town review and approval. o The developer shall coordinate the relocation of the existing electric transformers an the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. o The deveioper provides a 6 ft. to $ ft. heated paver pedestrian walkway from the Frontage Raad bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board. o The developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report. provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works. o The developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works. o The deweloper shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. o The developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional sunray in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. Page 3 o The developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western mast property fine of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, Fighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan far West Meadow Drive and shall be provided for review and approval by the Design Review Board. o The developer shall incorporate public art into the development, and shelf cvordina#e all art proposals with the Art in Public Places Board, subject to review and approval by the 'Design Review Board. o The developer shall resolve all of the fallowing design-related issues for final Design Review Board review and approval: o Proposed hydrant relocation at the NW carver of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. a The crass-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. o The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. o The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Greek vault. o The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. o All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. a The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the exis#ing inlet. o Fire staging turning movements shall be show on plans. o Retaining walls west of the loading and. delivery access drive shall be curvedfangled in order to "`bench" access drive wall. o Top of wall elevation for the Frontage Rd-Wes# Meadow Drive path reads as 185.5?(Typo} o Railings shall be provided for paths where necessary o Shaw edge of existing pavement far Frontage road on civil plans and Shaw match point. o Erasion control plan shall be updated. 0 Show grading around proposed electric vault. o Show driveway grades, spot elevations an civil plans. o Show additional TOWIBOW elevations on pool walls. o The Developer shall coordinate with the Town to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Town of Vail far review and approval by the Town and the Design Review Board. 2. The Developer shall address the following conditions of approval prior to the issuance of a building permit: o The developer shall submit a rooftop mechanical equipment plan for review and Page 4 approval by the Design Review Board. Ail rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. o The developer shall post a bond' to provide financial security for the ~ 50°l0 of the total cost of the required vfF-site public improvements. a The developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively. o The developer shall receive approval for all required permits (COOT access, AC©E, dewatering, storm water discharge, etc.). 3. The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate of occupancy for the Four Seasons Resort: o The developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder. o The developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attomey. The easement shall be recorded with the Eagle Gounty Clerk & Recorder's Office. o The developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board. o The developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall submit a pedestrian easement for this convection for review and approval by the Town Attorney. a The developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town far review and approval by the Tawn Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office. 4. Others: o The Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 9, Series of 2003. This fulfills approval agreement number 2 of first reading of Ordinance No. 9, Series of 2003. o The required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfier with the deed to the hotel property. e The developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net Page 5 increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-{ 108+7} 40 net peak trips @ $5,000 = $200,000. This fee wilt be offset by the cost of non- adjacent improvements constructed. o The developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 3ti, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Tvwn Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. o The developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease untiC such time as a demolition permit is issued by the Department of Community Development. o The developer shall invoke the Four Seasons Landscaping Requirements when planting the site, which are more rigorous then those of the Town of Vail. Matt Gennett introduced the project according to the memorandum. TJ Brink, Vail Development, and Tim Losa, Zehren and Associates, explained the proposal and the modifications that have been made since the drafting of the staff memorandum. Jim Lamont, Vail Village Homeowners Association, asked whether or not the proposal would be heard by the Town Council, to which Staff replied in the affirmative. Richard Kent, Scorpio Condominium Association, stated their strong concerns about the further below and above grade encroachments toward their building and the structural impacts to their building. He also asked for clarification about the sidewalk. design akong their building- Tim Losa and TJ Brink clarified. AI Meyers, asked if the sidewalks will be heated. TJ Brink answered "yes". Jim Lamont requested clarification about the landscape plan and recommended Scorpio and Four Seasons work together to improve the landscaping between the buildings. Commissioner Jewitt, noted that the improved quality of the landscaping makes up to the reduction in landscaping. Commissioner Kjesbo asked for clarification about 9 Vail Road's parking at the Four Seasons. He requested that the applications landscape planting. more than compensate for the reduction in landscape area. Commissioners Gunion, Viele, and Bernhardt had no comment. Commissioner Cahill complimented Four Seasons for enforcing their own landscaping standards to a higher standard than the Town requirements. Page 6 THE COMMISSION TOOK A 5 MINUTE RECESS 5. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circlet Lot 1, Block 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead F6Gng 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to September 12, 2005 MOTION: Lamb SECOND: Kjesbo VOTE: 5-D-1 (Niels recused and Gunion absent) Rick Pylman, representing the applicant, Kurt Fentress, Fentress Bradburn, and Chase ,Winston and Associates, presented the 3 dimensional computer model of the conference center. Commissioner Jewitt noted his concern that a number of outstanding issues such parking, EHUs, transportation center, relocation of the charter bus lot, and several other issues will not be resolved prior to the September 6 Town Council meeting. Commissioner Cahill noted his concern about the scale of the building as viewed by pedestrians. fi. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recomrtaendations, and setting forth details in regard thereto. Applicant,: Town of Vail, represented by Pylman $~ Associates, inc. Planner, Bill Gibson ACTION: Tabled to September 12, 2005 MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-1 (Niels recused and Gunion absent) This item was reviewed concurrently with item 5. 7. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Ghapter 2, Section 2.8, Lionshead Redevelopment Master Plan, to amend the boundaries of the study area to include Evergreen Lodge, located at 250 South Frontage Road West, Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, represented by HB Development Company Planner: George Ruther ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND: Lamb VOTE: 7-0-0 8. A request for a final review of a variance, from Section 12-6F-6, Setbacks, 12-fiF-9, Site Coverage, 12-6F-10, Landscaping and Site Development, 12-6F-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow far a residential addition, located at 4110 Spruce WayfLot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND: Lamb VOTE: 7-0-0 Page 7 9. A request far a final review of a text amendment to Section 12-7A-7, Height, Vail Town Gode, pursuant to Ghapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Mauriello Planning Group, LLC Planner. George Ruther ACTION: Tabled to August 22, 2005 MOTION: Viele SECOND: Lamb VOTE: 7-0-0 10. Approval of July 25, 2005 minutes Tabled to August 22, 2005 MOTION: Lamb SECOND: Kjesbv VOTE: 5-0-0 {Niels and Gunivn absent 11. Information Update 12. Adjournment MOTION: Lamb SECOND: Kjesba VOTE: 5-0-0 (Niels and Gunion absent) The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Gommunity Development Department. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2358, Telephone for the Hearing Impaired, for information. Gommunity Development Department Published August 5, 2005, in the Vail Daily. 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L N O Q ~7 CSJ Nr [a-c ~ U ~V.~~j~ ~ O c mo~? ~~ ~ ~ ~~ ©Q. cx m LPL ~"~ UZD~ ~d~ ~~LL t C... ~ h~l-U m~` m~.a o,aa~F~O '~~U ova cc e~ aw+'o un ~ Ow C,cL m G.L ~UUw aQw w ev~~m .~~r-~4c~s~cn `onU.~~c~'¢C7a C'~u7 4~~ y N ~~ C- N~ ~~ O O~ y tr~ ~ -7c ~ ~ 2rr Lome c~~ ~~(~dm`~'c QYo~~u~i®~ Cc7L"G~ppFi a0 UJ C7 Dr d7s= OSpO. cis ~£~ O MEMORANDUM T©: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 24t}5 SUBJECT: A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow for Gross Residential Floor Area to be constructed within the front setback, located at 1797 Alpine DrivelLot 40, Vail Village West 1S° Filing, and setting forth details in regard thereto. Applicant: Dantas Builders, Inc. Planner: Elisabeth Eckel I. SUMMARY The applicant, Dantas Builders, Inc., is requesting a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of Gross Residential Floor Area (GRFA} area within the front setback located at 1797 Alpine DrivelLot 40, Vail Village West 15t Filing. The requested variance is the result of a proposal to construct a portion of livable space at the lowest level of a new single-family residence within the front setback on a lot which has an average slope greater than thirty {30%}. Staff is recommending approval of the requested variance because a practical ' difficulty or hardship does exist and approval of the variance would not constitute a granting of special privilege to this property owner. II. DESCRIPTION OF REQUEST The applicant is requesting a variance from the front setback regulations within the Two- Family PrimarylSecondaryzorie district in order to locate a part ©f the master suite of a new single-family residence directly beneath the proposed garage footprint, which has been designed to be located within the front setback, as allowed by Code for Lots with excessive slopes. According to the Hazard Regulations of the Vail Town Code, "there shall be no required front setback for garages, except as maybe required by the Design Review Board" for homes located on Lots which average slope exceeds thirty percent {30°/a) (Section 12-21- 14}. The desired result of this policy is to preserve as much of the existing/natural topography of a lot as possible. The inclusion of Gross Residential Floor Area (GRFA} under the garage but within the proposed footprint will lessen the amount of site coverage and site disturbance which would have resulted from the placement of the same amount of GRFA at a different location on the Lot. The variance request is to allow for the location of approximately 374 square feet of GRFA within the front setback, which will include a master bathroom and claret and a portion of the master bedroom. The only aspect of the building which will be seen from the street is the garage, which location at eye level is dictated by the maximum allowable grade and slope of the driveway and not by the situation of the proposed GRFA beneath the garage. Other aspects of the elevations that will be seen from the exterior include only a small window on the west elevation of the residence. The South and East. elevations are below grade and therefore not visible and .the North elevation is unexposed due to its attachment to the remainder of the lower level. A vicinity map depicting the location of the residence is attached for reference {attachment A). Reduced copies of the proposed site plan and elevations are attached for reference (attachment B) as is the written request from the applicant (attachment C) and the public notice which preceded the request {attachment D). Ip. BACKGROUND On June 15, 2005, the Design Review Board unanimously approved a new single family residence at 1797 Alpine Drive, which is a currently vacant lot. The proposal included the placement of a garage within the front setback. The applicant is requesting a variance to locate Gross Residential Floor Area within the front setback on the Vower IeveE. The lot is zoned PrimarylSecondary Two-Family Residential, in which district a reduction in'allowabie site coverage is placed upon any lot which has an average slope beneath the proposed building footprint exceeding thirty percent (30°f°). The existing bt size is of a nonconforming size, 10,454 square feet, and falls within the criteria designating lots with excessive slopes (over 30%°). The applicant's request stems from bath the excessive slopes on the Lot which result in a stricter site coverage regulation and the desire to keep site disturbance at a minimum by utilizing living space within a building footprint thatwould remain equally-sized at the front of the Lot, regardless of this request. IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a Droaosal for: Action: The PEC is responsible far frnal approvalfdenial of a variance.. The PEC is responsible for evaluating a proposal far: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict ar literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The l7RB has no review authority on a variance, but mustreview any accr~mpanying QRB appficatian. Town Council: Actions of the Design Review Board orthe Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or 2 not the DRB or PI=C erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation an approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DQCUI'~9ENTS Zoning Regulations Secfion 72-2 Definitions SETBACK: The distance from a lot or site line, creek ar stream measured horizontally fo a Line or location within the lnt or site which establishes the permitted location of uses, sfructures, or buildings an the site. Secfion 72-fiD-9 Primary/Secondary District (in parfj 72-6D-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%j of the total site area. (Ord. 4i<(9990j § 5: Ord. 30(9977j § 2j Secfion 72-77 Variances (in part] 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to Lessen such practical di~culfies and unnecessary physical hardshr'ps inconsistent with the objectives of this title as would result from strict arliferal interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty ar unnecessary physical hardship may result Pram the size, shape, or dimensions of a life or the Location of exisfing sfrucfures thereon; tram topographic ar physical candifions on the site or fi the immediate vicinity,• or from other physical Gmifafions, street Iocafions or candifions in fhe immediate vicinity. Cost or inconvenience to the applicant of strict ar literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty {20} days of the closing of a public hearing on a variance application, the plannr`ng and enviranmenfal cammissian shall act an the application. The commission may approve fhe application as submitted ar may approve fhe application subject fa such modifications or conditions as if deems necessary to accomplish the purposes of fhis tiffe, or the cammissian may deny the application. A variance may be revocable, may be granted far a limifed Time period, ormay be granted subject to such other conditions as the cammissian may prescribe. 12-17-7: PERMIT APPR©VAL AND EFFECT: Approval of fhe variance shall (apse and become void if a building permit is not obfained and construction not commenced and diligently pursued toward completr'on within two (2} years from when the approval becomes ~rnal. Section 12-29: Hazard Regulations din part) 92-2i-1: PURPOSE: The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relating fo development of flood plains, avalanche paths, steep slopes and geologicaNy sensitive areas; fo regulate the use of land areas which may be subject fo flooding and avalanche or which maybe geologically sensitive; and further to regulate development on steep slopes; fo protect the economic and property values of the Town, fo profecf the aesthetic and recreational values and natural resources of the. Town, which are sometimes associated with flood plains, avalanche areas and areas ofgeological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need forreliefin cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensifivity exist; and to promote the general public health, safety and welfare. 12-29-94: RESTRICTIONS 1N SPECIFIC ZONES ON EXCESSIVE SLOPE'S: The following additional special resfrictions or requirements shall apply to development on any lot r'n a hillside residential; single-familyresidential, two-family residential or two-family primary/secondary residential zone district where the average slope ofthe site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, ?2-613-9, 12-6C-9 and 12-BD-3 of this title, is amended as folbws: 1. Not more than flffeen percent (7 5°0} of the site area maybe covered by buildings, except in conjunctr`on with a Type 1 employee housing unit in accordance with chapter 13 of this fifle, in whr'ch case not more than twenty percent (2D/} of the site area may be covered by bur`Idings; and VI. ZONING ANALYSIS Address: 1797 Alpine Drive Legal Description: Lot 4Q, Vail Village West 1$t Filing Zoning: Two-Family Primary/Secondary Residential Development Standard Lot Area: Setbacks: Front; Sides: Rear: AflowedlRec~uired 15,(}00 sq. ft, ZU ft. 15 ft. 15 ft. Proposed 10,454 sq. ft. fi ft. 16.5 ft. (west}, 43 ft, (east} 25 ft. • • Building Height: 33' 32' GRFA: 4,772.5 sq. ft. 3,590 sq. ft. Site Coverage: Landscape Area: Parking: 1,56$ sq. ft. (15%) 1,564 sq. ft. (14.96%) 6,272 sq. ft. (60%) 7,499 sq. ft. (72%) 3 spaces 3 spaces Vll. SURROUNDING LAND USES AND ZONING Land Use Zanin4 North: Residential PrimarylSecondary South: Residential PrimarylSecondary East: Residential PrimarylSecondary West: Residential PrimarylSecondary VIIL. CRITERIA AMD FINDINGS A. Consideration of Factors Reaardinn the Setback and Parkino Location 1/ariances: 1. The relationship of the requested variances to other existing or potential uses and structures in the vicinity. This lot is located in a neighborhood of Ivts which sizes generally fall below 10,000 square feet. Additionally, many of the lets within the neighborhood • include areas of excessive slope (greater than 30%). Several lots within the general vicinity of Lat 40 have been granted similar variances due to their location on steep slopes. Recently, the Scolnick residence, located nearby on a lot with excessive slopes at 2935 Basingdale received approval from the Planning and Environmental Commission in May 2005 to locate GRFA within 1.5 feet of the front setback line. In instances when variances have not been applied for andlorgranted, many residences on lots such as this have been designed using spier-type support system far the areas located within the front setback or located atop the steepest slopes. However, the location of usable square footage in the areas where piers would generally be utilized. is a sensible alternative when available site coverage is a concern. Should the proposed variance request be approved, the house could be built on a solid foundation rather than using a pier system and thereby utilize a space within the already approved building footprint, which would otherwise be unusable. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Because the garage would be constructed within the front setback regardless of this variance request, the visual aspects of locating GRFA beneath the garage are minimal, since the proposed square footage is mostly below grade. By building part of the house below the garage, the site disturbance 5 elsewhere on the lot will be minimized, whether that site disturbance would result from a more complex form of construction (as in a pier-type support system) or from the actual relocation of 374 square feet of floor area resulting in additional site coverage elsewhere. In sum, Staff believes that the granting of this variance will not be a grant of special privilege. It should be noted that the applicant's proposal to locate GI31'A within the front setbacks includes no encroachment into the western side setback near the master bedroom. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposal will have little, if any, effect on these issues. The proposal will, however, allow the bulk and mass of the structure on Site to remain unchanged. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 13. The Planning and Environmental Commission shall make the following findings ___ . before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the Limitations on other properties classified in the same district.. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 1X. STAFF RE[;011AMENDATION The Community Development Department recommends approval of the request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the front setback located at 1797 Alpine Drive/Lot 40, Vaii Village West 15` Filing, and setting forth details in 6 regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the fallowing motion: "'The Planning and Environmental Commission approves the applicant's request for a variance, pursuant to Chapter 92-17, Variances, Vaif Town Code, from Section 9~- fiD-6, Sefbacksf, Vail Town Code, fo allow for the construction of grass residential floor area within the front setback located at 9797 Alpine Drive/Lot 40, Vail Village VI/est 9sr Filing,. and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the fallowing fndings: 9. The granting of this variance wi11 not constifute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. 2. The granting of this variance wi11 not be detrimental to the public health, safety, or welfare, or materially injurious fo properties or improvements in the vicinity. 3. This variance is warranted for the following reasons.• a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physics! hardship inconsistent wifh the objectives of Title 12, Zoning Regulations, Vail Town Cade. b. There are exceptions or extraordinary circumsfances or conditions applicable to the same site of the variance that do not apply generally to other properties r`n the same district. c. The strict inferpretafion or enforcemenf of the specified regulation would deprive the applicant of privileges enjoyed by fhe owners of other properties in the same districf. " X. 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'~ i I ~~ ~; 1 ~.r_ I r i- ,_ -~- -._--- ~..- - ~ I .:. r, t m., ' ` ~ ~ ~`~-~ i .~r~+ (~ ~ I ~1 ~ "- - 1r ~ a i~7~rr ~ - r- ii. ~ tV .~-_-___-.-_-._ r / rte I Ij I I~! ~~ I 4r, '~~ ~'~~~ _. ~'- -~ --_____ . I off ~~~'i1! ..i.;.~ ~'. ~ ~,`;~I, fll~~nl"l~r~ ~'~. `.' .--~ ~~ i C~.. r I_+~. - ~ E~ _ o ~ ,. - /; ' ~Il~ ~ ~= v . _ A , ~ i f -fir- ~ a ~•; ~- " iy~ :~ ;. ~ f C I E ~ I ~ L'"'~ +~r } / 3 ~ a r ]it r. ;,yY i~3 i < 1 L a ~` ~~ -- i! ~' I I i - -....~ _ i -------._.. 1 • • '~ u Attachment C LETCER rt'1pp d~SiQn 5h4f~ PC} Box 4227 O1 13 Mill Loft Street, Unit 6207 Edwards, CO 81632 c 97fl-390-4931 f 970-926-0682 michael@mrat~desionshoo.com July 26, 2005 Town of Vail Community Development 75 South Frontage Road Vail, CO 81657 TeL 9701-479-2139 Fax: 970-479-2452 Regarding: Variance Application Lot 40, Vaii Village West, Fling No. 1 Parcel no: 210312301701 1 1797 Alpine Drive Vail, CU 81657 For: Dantas Builders, Inc. PO Box 4015 Avon, CG 8162D Mike Dantas - 970-376-5444 Dave Dantas - 970-376-61 11 Dear sirs; Due to the steep nature of the lots involved, it is felt that this variance request supports the best development options for the lot. The DRB has granted final design approval and supports the design for the singular driveway access and the variance requested. This application is for the following proposed variance from the Tawn of Vail standards; 1, To allow GRFA in the front setback underneath fibs garage. The garage is permitted to be within the front setback, since the lot is steeper than 30%. Since the current guidelines allow for a garage to be within the front setback. and at least 20' from the edge of pavement, there will be a foundation under the garage as currently designed. The only building elevation where this foundation will be exposed to view is an the West Elevation. The South and East Elevations are below grade, and the foundation is not exposed to view, The proposed variance requests that GRFA be allowed underneath the garage, w'sthin the foundation area that will be built regardless. No GRFA will be built above the garage, therefore there will be no additional visual or height impact. The only addition to the design due to the inclusion at GRFA underneath the garage, that would not be there otherwise, is a small window on the west elevation that is roughly 2'-0" x 2'-0". This letter serves as the required statement to address to Town's list of concerns as outlined in the PEC Application. 0408 lir p7-26.05 foi--00 vorionce.doc Page } ~f 2 Li=TTER maa design shag PO Box 4227 Ot i3 Mill Loft Street, Un'rt 8207 Edwards, CO $] 632 c 970-390-4931 f 970-926-0682 rnichaelCa?rnogdesianshoo_rom a. The variance requested will not have any negative impact on any adjacent properties or strucfiures. The only difference in allowing GRFA undemeath the garage will tae the aforementioned window. Otherwise the proposed GRFA will have no additional impacts on the site or building design. b. bue to the steepness of Lot 40 and the diffcul#y of access, a design was achieved that allows access via a common driveway from Lot 39. The , steepness of the lot also dictates that site coverage be limited to t 5~Q, rather than 24%, In order to develop a design that conforms fo the heigh# limit within the Town of Vail, it was necessary to utilize the exception of placing the garage within the front setback. I# is deemed necessary to have GRFA underneath the garage to achieve a house with a desirable square footage and amenities (specifically the Master Bedroom SuiteM suitable for the lot and level of construction and finishes being planned, for #his and other houses being designed and built in the neighborhood. c. The variance will not have any more signitECant impact on light and air, population, traff<c, facili#ies, etc. than if the variance were not being requested. d, The variance requested is keeping with the Town"s objectives in that no additional impact on any level, particularly visual and height impact, will come from the GRFA underneath the garage, The house will have the aforementioned desirable square footage and amenities similar to other projects within Town of Vail. Please contact me with any further questions or comments. Thank you. SIGNED: Michael Pukas Cc: • 0406_IIr_p7-2fi-OS_b9-4D_vonancg,dcrt Page 2 of 2 Attachment D ~. ,t ~1~ 4~ PAIL TH1S ITEM MAY AFFECT YOUR PROPERTY PUBLIC N(7TICE NGTICE IS HEREBY GIVEN that the Planning and Enviranmenta! Commission of. the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, an August 8, 20115, at 2:Qp prn in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance, from Section 12-6F-6, Setbacks, 12-6F-9, Site Coverage, 12-6F-10, Landscaping and Site Development, 12-6F-11, Parking, pursuant to Chapter 12-17; Variances, Vail Town Code, to allow for a residential addition, located at 4110 Spruce WaylLot 24, Block 8, Bighorn Addition 8, and setting forth details in regard thereto. ~ Applicant: IlAichael and Elizabeth Taggart Planner: Matt Gennett A request for a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Tawn Code, to allow for the operation of a private club, located at 333 Hanson Ranch RoadlLot C, Black 2, Vail Village Filing 1, and setting forth detail in regard thereto. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner. Warren Campbell A request for a recommendation to the Vail Tawn Council of a major amendment to Special Development District No. 36, Faur Seasons Hertel, pursuant to Section 12-9A-10, Vail Town Gode, to allow for a reduction in the total number of dwelling units and fractional fee club units in the hotel; a decrease in building height at the northwest corner of the building, and a reduced setback requirement, located at 28 S. Frontage Road and 13 Vail RoadlLots 9A& 9C, Vail Village Filing 2, and setting forth details in regard thereto. Applicant: Vail Development L.L.C., represented by Zehren Associates, Inc. Planner: Matt Gennett A request for a final review of a variance from Section 12-6D-6, Wetbacks, Vail Town ~ ~ Code, pursuant to Section 12-17, Variances, Vail Tawn Code, to allow far Gross ~~~v~ Residential Floor Area to be constructed within the front setback, located at 1797 Alpine '~ ~ ~'-~ DrivelLot 40, Vail Village West 15~ Filing, and setting forth details in regard thereto. Applicant: Dantas Builders, Inc. Planner: Elisabeth Eckel The applications and information about the proposals are available for public inspection during 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 July 22, 2Q05, in the Vail Daily. Item number 2 has been requested to be tabled by the applicant's representative. • MEMORANDUM Tp: Planning and Environmental Commission FROM: Community Development Department ^ATE: August 8, 20(75 SUBJECT: A request for a final review of a variance, from Section 12-7B-12, Height, Vail Town Code, and Section 12-7B-15, Sife Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vai! Town Code; and a request for a major exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for additions and exterior renovations to the Lodge Tower, located at 20Q Vail Raad/Lot 2, Lodge Subdivision, and setting faith details in regard thereto. (PEC05-t]©54) Applicant: Lodge South Condominium Association, lnc., represented by Mauriello Planning Group Planner: Bil[ Gibson SUMMARY The applicant, Lodge South Condominium Association, represented by Mauriello Planning Group, is requesting a variance from Section 12-7B-12, Height, Vail Town Code, and Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12- 17, Variances, Vail Town Code; and a request far a major exterior alteration, pursuant to Section 12-7B-7, Ex#erior Alterations or Modifications, Vail Tawn Cade, to allow far additions and exterior renovations to the Lodge Tower, laaated at 217[7 Vail Road. Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, alteration requests subject to the findings memorandum. II. DESCRIPTION OF REQUEST of bath variances and the major exterior and conditions Hated in Section IX of this The Lodge South Condominiums is located within the Commercial Core 1 District and is currently legally non-conforming in regard to several zoning regulations such as building height. The applicant is requesting approval of an exterior alteration and variances to allow far renovations to the Lodge Tower property. The proposed renovations include expansion of the existing lobby, a new lobby entry, new office spaces, a new elevator, new owner lockers within the garage, new loading and delivery facilities, and exterior facade changes. These proposed additions will add approximately 1,925 sq. ft, to the existing building footprint. The proposed interior spaces are not defined as gross residential floor area (GRFA). Within the Commercial Core 1 District, there are no limits on the amount of non-GRFA floor areas, nor do these floor areas count toward a building's aarkinq requirement. A more detailed description of the applicant's request and the proposed architectural plans have been attached for reference (see Attachments 8 and C). Ill. aaeKGROUr~D The Lodge Tower building was originally constructed in 1973, prior to the adoption of zoning regulations by the Town of Vail, and only minor exterior changes have been made to the Lodge Tower since its original construction. The Lodge Tower is currently non-conforming in regard to several provisions of the Town of Vaii zoning regulations. On April 14, 1997, the Town of Vail Planning and Environmental Commission approved a final plat for the Lodge Tower Parcel. The purpose of the minor subdivision was to formalize the ownership and historic development pattern of the Lodge Tower Parcel since it was divided pursuant to a condominium plat recorded in October of 1973. In 2004, the Planning and Environmental Commission approved a final plat to create Lots 1 (i.e. Lodge at Vail) and 2 ~i.e. Lodge South Condominiums), Lodge Tower Subdivisian_ Many facets of this proposal have been designed in association with Vail Resort's "Front Door Project" located adjacent to the Lodge Tower on the south and east. In September of 2003, the Planning and Environmental Commission approved multiple applications to allow for the construction of Vail Resort's "Front Door" project. The "'Front Door" project received final Town of Vail design review approval on July 20, 2005. The design review application associated with this proposal was conceptually reviewed by the Town of Vail Design Review Board at its July 20, 2005, public hearing. The Board made some detailed recommendations about the stone work on the west side of the building and the proposed roofing materials, but in general the Board responded very favorably to the applicant's proposal. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, variance applications and exterior alteration or modification applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible far final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code; and a major exterior alteration ar modification application, in accordance with Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, Design Review Board: The Design Review Board has no review authority over a variance application or major exterior alteration ar modification application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. z Town Council: The Tawn Caunci! has the authority to hear and decide appeals from any decision, determination, ar interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environments! Commission andlor Design Review Board_ Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, ar denial. W. APPLICABLE PLANNING I]OCUMENTS Staff believes that the following previsions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZQNING REGULATIC?NS Article 12-7B; Commercial Core 1 ~CC1 }District (in part) 12-78-1: Purpose: The Commercial Core 1 District is intended fo provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 9 District is intended to ensure adequate light, err, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and laesign Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting Qn pedesfrianways and public greenways, and fo ensure continuation of the building scale and architectural qualifies fhat distinguish the Village. 12-~B-~: ExteriorAlferations and Modifications: (in part) A-6. Compliance With Comprehensive Applicable Plans: !t shall be the burden of the applicant to prove by a preponderance of the evidence before fhe planning and environmental commission that fhe proposed exterior alteration is in compliance with fhe purposes of the CG9 district as specified in section 92-78-1 of this article; that the proposal is consistent with applicable elements of the Vail village master plan, the town of Vail sfreetscape master plan, and the Vail comprehensive plan; and fhaf fhe proposal does not otherwise negatively alter the character of the neighborhood. Further, fhaf fhe proposal substantially complies with the Vail village urban design guide plan and the Vail village design considerations, to include, .but not lee limited fo, the following urban design considerations pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge,. building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan 1,2-TB-~2: Height: Height shall be as regulated in the Vail Village Urban Design Guide Plan and Design Considerations. ~2-TB-95; SITE CQVERAGE: Site coverage shall not exceed eighty percent (8g%) of the focal site area, unless otherwise specified in the Vail village urban design guide plan and design consr`deratlons. !n Commercial Core 1 District, ground level patios and decks shall be included in site coverage calculations. Chapter 12-17: Variances (in part) 12-17-?: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical dl~culties and unnecessary physical hardships inconsistent with the objectives of fhis title as would result from strict ar fiteral interpretation and enforcement, variances from certain regulations may be granted. A practical di~'culty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cast or Inconvenience to the applicant of strict ar literal compliance with a regulation shall not be a reason for granting a variance. 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: 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 adapted policy guidelines in the review process for new developrent 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 Pian 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 Vail Land Use Plan contains the following goals; 1.0 Genera! Growth/Development 4 9.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, wafer and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded 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. 1,5 Commercial strip development of the Valley should be avoided. 1.6 Development proposals on the hillsides should be evafuated an a case by case basis. Limited development maybe permitted for some low intensify uses in areas fhaf are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity fo fhe environmenf. 9.7 blew subdivr`sions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facdlify development on National Forest lands may be permitted where no high hazards exist if.' a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent fo the Town boundaries, with good access. c) The affected neighborhood can be involved in the decr'sion-making process. 1.9 National Forest land which is exchanged, sold or otherwise fa11s Into private ownership should remain as open space and not be zoned for private development. 9.1a Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where na high hazards exist, if such development is for public use. 1. ~ 9 Town owned lands shall not be sold to a private entity, Lang term leased to a pn`vate entity ar converted to a prlvafe use without a public hearing process. 9.92 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.93 Vai! recognizes its stream tract as being a desirable land feature as well as its potential for public use. 5 2.Q Skier/Tourist Concerns 2.9 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational arrd cultural opportunities fo encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf Course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) increased busing from out of town. b) Expanded points of access fo the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and t_ionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town 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. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime ~, businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.4 Village Core / Lionshead 4.9 Future 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 thorough implemenfation of the Urban Design Guide Plan. 4.3 The ambiance of flail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains,. natural setting, intimate size, cosmopolitan feeling, environrnenfa! duality-) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.0 f2esidential 5. t Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5,3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions, 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types, b.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated of varied sites throughout the community. • VAIL VILLAGE MASTER PLAN lin Dart} V. Goals, Objectives, Policies and Action Steps (in part) Goal #9 Encourage high qualify redevelopment while preserving the unique architectural scale of fhe Village in order to sustain its sense of community and identity. Objective 7.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Goa! #2 To faster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whale. Objective 2.7: Recognize the variety of ]and uses found in fhe 11 sub- areas throughout the Village and allow development That is compatible with these established land use patterns. Objective 2.3: Increase the number of residential unifs available for short term overnight accommodations. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Objective 2. ~: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guesfs. Objective 2. b: Encourage the development of affordable housing units fhrough the efforts of the private sector. Goal #3 To recognize as a fop priority the enhancement of the walking experience throughout the Village. Objective 3. is Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 3.3: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. ~_ t~ Goal #4 To preserve existing open space areas- and expand green space opportunities. C)bjecfive 4.1: Improve existing span space areas and creafe new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Objective 4.2 Improve and expand the opportunity for active and passive recreational activity throughout the Village. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the fransporfation and circulation system throughout fhe Village. Objective 5.1: Meet parking demands with public and private parking facilities. Objective 5.2.• Encourage the use of public transportation fo minimize the use of private automobiles throughout Vail. Goal #6 To insure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. • Objective 6.2: Provide far the safe and ef~cienf functions of fire, police and public utr'lities within the context of an aesthetically pleasing resort setting. Vlli. Vail Village Sub-Areas (in part) Sub Area #11: Vail's Front Door Thee following is language describes the Fronf Door Sub-Area: The Front Door sub-area plays a critical role in the interface between fhe ski mountain and the fabric of Vail Village. As fhe premier guest portal to Vail Mountain, the Front Door area should reflect in both use and design the world- class stature of the Vail resort and community. The goals far development in this sub-area are as follows: • To provide far ayear-round, world-class guest experience at the interface between Vail VNlage and the ski mountain. To provide new and improved guest service facilities at the top of Bridge Street that wil! not only improve the quality of the entire guest experience, but will increase evening guest retention in Vail Village_ Provide for new below-grade loading and delivery facilities to better serve the Front Door and upper Bridge Street areas, consistent with the overall "dispersed quadrant" approach of the Vail loading and delivery master plan. 9 • To provide a venue for outdoor cultural/art and sporting events and other similar special community events. • Provide for fhe removal of surface vehicular traffic and parking that currently occurs within the sub-area, • 7o provide for limited (&-10 dweflr`ng units/acre) medium density residential development. • With the exception of developmenf that maybe approved within Sub-Area Concepts ~ ~-1 and 7 ~-2, the balance of the Front Door Sub-Area should remain in a predominantly undeveloped, open space condition. The Front Door Sub-area includes two Sub-Area Concepts. Please refer to the Dail Village Master Plan Action Plan for a graphic depiction of these concepts. # 7 7-~ Lodge Exchange Parcel Limited development of this site provides an opportunity to consolidate andlor remove existing uses and in doing so improve the visual quality of fhis area. Medium density residential development and associated uses respecting and complimenting the adjacent Lodge at Vail, Lodge Tower, and Vista Bahn ski yard are appropriate. Most parking except temporary guest arrival spaces should be located below grade. Existing mountain and USFS access should be maintained and if feasible placed below grade throughout the parcel. To the exfenf feasible, service and delivery facilities, including existing service and delivery facr`lifies for the Lodge Tower, the Lodge at Vail, and surrounding commercial uses should be located below grade. A pedestrian/bicycle connection between Willow Circle/Vail Road and the Vista Bahn ski yard should be retained. Development of fhis sub- area wiN attract additions! traffic and population to this area and may have significant impacts on sub area 7-12 (Willow Circlej. Vail Village Design Considerations The Vail Village Design Considerations are divided into two categories (urban design considerations and architectural/landscape considerations): URBAN DESIGN CONSIDERATIt)NS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affec# more than one property or even whole areas. These considerations are primarily the purview of the Planning and En~iranmentaP Commission. A. PEDESTRIA11l1ZATlOIV A major objective for Vail Village Is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestr`an ways Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Vrllage_ Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not 10 achievable throughout the entire Village. Therefore, several levels of pedestrianization have been identified. 8. VEHICLE PENETf2AT10N To maximize to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail VillagelLionshead Parking Structures. !n 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, traffr'c circles, signage, and. other measures are indicated in the Guide Plans to visually and physically discourage al! but essential vehicle penetration upon the Frontage Road. Alternative access points and pn`vate parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. C. STREETSCAPE FRAMEWURI< To improve the quality of the walking experience and give continuity to fhe pedestrian ways, as a continuous system, two general types of improvements adjacenf to the walkways are considered: 1. Open space and Landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and fora! points along those routes. 2 ln~ll commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to gr've streetlife and visual interest, as attractions at key locations along pedestrian routes. !t is not intended to enclose all Village streets with buildings as in the care areas. N'ar is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. D. STREET EI~ICLUSlJ'RE While building facade heights should not be uniform from building tv building, they should provide a "comfortable"enclosure for the street. Pedestrian streets are outdoor rooms, whose walls are formed by the buildings. The shape and feel of these "rooms"are created by fhe variety of heights and massing (3-dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very genera! rules, about the perception of exterior spaces have been developed by 11 designers, based an the characteristics of human vision.. They suggest That: "an external enclosure is most comfortable when its walls are approximately 1/2 as high as the width of the space enclosed; if the ratio falls to 9/4 or less, the space seems unenclosed; and if fhe height is greater fhan the width it comes to resemble a canyon". In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this 1/2 to 1 ratio. Using fhe average facade height on both sides will generally still be a guide fo the comfortabfeness of the encbsure being created. In some instances, the "canyon" effect is acceptable and even desirable.. For example, as a shoe` connecting linkage between larger spaces,. to give variety to the walking experience. For sun/shade reasons it is often advantageous to orient any longer segments in a north/south direction. bong canyon streets in an east/west direction should generally be discouraged. When exceptions tv the general height criteria occur, special consideration should be given to create a well-defined ground freer pedestrian emphasis to overcame the "canyon" effect. Canopies, awnings, arcades and building extensions can aft create a pedestrian focus and divert attention from fhe upper building heighfs and "canyon" effect: E. STREET EDCE ` Buildings fn fhe Village core should farm a strong but irregular edge to the street. Unlike many American towns, there are nv standard setback requirements far buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portr'ons of a building at or near fhe property line is allowed and encouraged to give strong definition tv the pedestrian streefis. This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give the life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, other elements can be used to cantinas fhe street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. 12 Plazas, patios, and green areas are important focal points far gathering, resting, orienting and should be distributed throughout the Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. F, BUILDING HEIGHT Vail Village is perceived as a mix of fwo and three story facades, although (here are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are infended to encourage height in massing variety and to discourage unrform bulldrng heights along the Street, G. VIEWS AND FOCAL POINTS Vail's mountain/valley sefting is a fundamental part of ifs identity. Vr"ews of the mountains, ski slopes, creeks and other natural features are reminders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 98.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluafing a development proposal, priority should be given to an analysis of the Impacted project on public views. Views that should be preserved originate from either major pedestrian areas ar public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference por'nts for pedestrians. Development in Vail Village shall not encroach info any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 98.73 of the Vail Municipal Code. Whether affecting adapted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considered where appropriate. 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, Chase alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adapted 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 (5ifzmark/Gore Greek Plaza, Village Cenfer, Vail Village Inn). 13 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. SUN/SHADE Due fo Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days, shade can easily lower temperatures below comfortable levels and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow line (March 21 -September 23) on adjacent properties or the public right-of way. In all building construcfion, shade shall be considered in massing and overall height consideration. Notwithstanding, sunlshade considerations are not intended to restrict buildr`ng height allowances, but rather to influence the massing of ,buildings. Limited height exceptions may be granted to meet this criteria. VI. SITE AMAI_YSIS Address: Legal Description: Zoning: Land Use Plan Designation: Current Land Use: Standard Lot Area: Setbacks: Front: Sides Rear: Height: Density (max}: GRFA (max): Site Coverage (max) Parking 200 Vail Road (Lodge Tower Building) Lot 2, Lodge Subdivision Commercial Core 1 (CC1) Village Master Plan Mixed Use Allowed/Required 5,000 sq. ft. Per Vail Village Urban Design Guide Plan and Design Considerations Per Vail Village Urban Design Guide Plan and Design Considerations (max. 43'} 9 units 13,869 sq. ft. 13,869 sq. ft. (80%} 59 Spaces Existing Proposed 17,337 sq. ft. no change 0 ft. no change 0 ft.I 1 ft. no change 5.~6 ft. Q ft. 94 ft. 97 ft. 42 unit no change no change 12,865 sq. ft. (74°l0) 14,790 sq. ft. ($5%} 49 spaces no change* • *AIl parking spaces displaced by this proposal are to be reconstructed within Vaii Resort's "Front Door Project" 14 VII. SURROUNDING LAND USI Land Use North: Mixed Use South: Undeveloped East: Mixed Use West: Residential VI11. CRITERIA AND FINDINGS .S AND ZONING Zaninq Commercial Core 1 Ski Base Recreation 2 Commercial Core 1 High Density Multiple-Family Residential The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Regarding Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Height The existing Lodge Tower building is non-conforming in regard to the building height provisions of the Town's zoning regulations. The applicant is requesting a building height variance to accommodate the construction of a new elevator tower on the west side of the Lodge Tower building. In order t© access ail levels of the existing building, this new elevator tower will be approximately 97 feet in height, which exceeds the Commercial Core 1 building height limit of 43 feet. Although the existing Lodge Tower building is non-conforming with regard to building height, it is located within a neighborhood of buildings with a similar scale. Staff does not believe the proposed building height variance will have a significant negative affect upon other existing or potential uses and structures in the vicinity in comparison to existing conditions. Site Coverage The proposed site coverage variance will accommodate the construction of elements of Vail Resort°s "Front Door Project". Staff believes the site coverage variance to accommodate the proposed improvements to the Lodge Tower property not only have a positive impact on the potential uses and structures in the vicinity, but are necessary for their construction- 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. • 15 Height The proposed building height variance will accommodate the construction of a new elevator tower accessing all levels of the already nonconforming building. Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the building height regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Commercial Core 1 district. Site Coverace The proposed site coverage variance will accommodate the construction of a new lobby, elevator tower, loading dock, etc. for the Lodge Tower and will facilitate the constructions of elements of Vail Resort's "Front Door I'raject~. Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the site coverage regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Commercial Core 1 district. The Planning and Environmental Commission has consistently held that construction of a structure prior to the adoption of the current zoning regulations may be a basis far granting a variance from the Town's current zoning regulations. Therefore, Staff does not believe this proposal will constitute a grant of special privilege,. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and pubtic safety. Height Staff does not believe this proposa! will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions of the site. Site Coverace Staff does not believe this proposal will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions of the site. ~. Such other factors and criteria as the commission deems applicable to the proposed variance. The design review application associated with this proposal was conceptually reviewed by the Town of Vail ®esign Review Board at its July 20, 2Ci0b, public hearing. The Board made some detailed recommendations relating to the stone work on the west side of the building and the proposed roofing materials, but in general the Board responded very favorably to the applicant's proposal. lb The loadingfdelivery, landscaping, and site development elements of this proposal are significant components of the Vail Resort's "Front Door Project". These improvements to the Lodge Tower were evaluated during the review and approval of the "Front Door Project" by the Town of Vail. Staff believes this proposal furthers the goals, objectives, and recommendations of the various elements of the Vail Comprehensive Plan, Additionally, Staff believes the proposed variances facilitate the construction of improvements to the Lodge Tower that bring this building more into conformance with Vail Village Master Plan and more specifically the Vail Village Design Considerations. B. The Planning and Environmental Commissian shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted far one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty ar unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions ar extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. C. Consideration of Factors Regarding Maior Exterior Alteration or Modification: The review criteria for a request of this nature are established by the Vail Town Code. The emphasis of this review is on the proposal's compatibility with the zoning code, the Town of Vail Streetscape Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Design Considerations and the Vail Comprehensive Plan. Compliance with the Town of Vail Zoning Code. Staff believes this proposal is consistent with the purpose of the Commerdal Core 1 district as outlined in Section 72-7B-t, Vail Town Code, as follows: "7°o provide sites and maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial 17 establishments in a predominantly pedestrian environment. The Commercial Care 7 done District is intended fo ensure adequate light, air, open space, and other amenities appropriate fo the permitted types of buildings and uses. The district regulations in accordance with the Vai! Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities thaf distinguish the Village." 2, Compliance with the Vail Comprehensive Plan.. LAND USE PLAN Upon review of the Vail Land Use Plan, Staff believes this proposal complies with the fallowing goals and objectives of the Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Gore should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.1 Future 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 thorough implementation of the Urban Design Guide Plan. 1 i~ 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpinE character., small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. VAIL VILLAGE MASTER PLAN The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Most importantly, the Vail Village Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Upon review of the Vail Village Master Plan, Staff believes this proposal complies with the following goals and objectives: Goa! #7: Encourage high quality redevelopment while preserving the unique archifectural scale of the Village in order to sustain its sense of community and Identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2.' To foster a strong tourist Industry and promote year-round economic health and viability for the Village and for the community as a whole. Objective 2.5. ?': Encourage the continued upgrading, renovation and maintenance of .existing lodging and commercial facilities to better serve the needs of our guests. Goal #6.' 7o ensure the continued Improvement of the vital operational elements of the Village. Objective G. 9: Provide service and delivery facilities for existing and new development. Additionally, Staff believes this proposal is consistent with, and facilitates the construction of, the elements of the Master Plan's "Sub-Area #11, Vail"s Front Door' recommendations. • 1 ~) 3. Compliance with the 'own of Vail Streetscape Master Plan. Upon review of the Town of Vail Streetscape Master Plan, staff has determsned that no recommended improvements or opportunities are directly applicable to this proposal. This proposal does facilitate nearby streetscape improvements such as relocating "Check Point Charlie" and the improvements associated with the "Front Door Project". 4. Neighborhood Character. Staff believes this proposal brings the Lodge Tower building more into conformance with the Vail Village Master Plan and will not negatively alter the character of the neighborhood. 2. Compliance with the Vail Village Urban Design Guide Plan. This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. There are no "Sub-area Concepts" that are applicable to the Lodge Tower property; however, the elements of the Vail Village Urban Design and ArchitecturallLandscape Considerations are applicable. 3. Compliance with the Vail Village Urban 13esign Considerations and Architectural/Landscape Cansicterations. a. Pedestrianization: Staff believes this proposal complies with this consideration as it relocates vehicular traffic below grade at the rear of the building and facilitates the construction of landscaping, sidewalks, etc. associated with the "Front Door Project". b. Vehicle penetration: Staff believes this proposal complies with this consideration as it relocates vehicular traffic below grade at the rear of the building and further reduces the penetration of vehicles toward the Village core. c. Streetscape framework: While the Lodge Tower does not have a significant streetscape presence, Staff Relieves this proposal does comply with this consideration. The proposal adds landscaping to the Lodge Tower site, facilitates the construction of pedestrian improvements associated with the "Front Door Project", and renovates the facade of the building thus creating more visual interest. d. Street enclosure: While the Lodge Tower is not located on a pedestrian street, Staff does believe this proposal complies with this consideration. The new lobby addition and facade improvements provide an improved pedestrian scale to the front of this existing bolding. Additionally, this proposal facilitates elements of the "Front Door Project". ~~ e. Street edge: Staff believes this proposal complies with this consideration. The proposal improves the pedestrian scale of the building, adds landscape areas, adds irregular facades lines and building jogs, and patios with access to views and sun. f. Building heighk: Staff believes this proposal complies with this consideration as this proposal by creating a new, mare pedestrian scale entrance to the existing building and mare variety in building heights as viewed from the street. Staff believes the proposed elevator tower addition, and its associated variance request, are also consistent with the intent of this consideration. g. Views: No adopted view corridors are. affected by this proposal; therefore, Staff believes this proposal complies with this consideration. h. Serviceldelivery: Staff believes this proposal complies with this consideration as the proposed loading and delivery will be located below grade at the rear of the building. i. Sun/shade analysis: The sunlshade analysis shows the proposed additions will not east shadows significantly further off the site than the existing Lodge Tower building. j. ArchitecturallLandscape Considerations: Staff believes this proposal complies with the architectural considerations for roofs, facades, decks/patios, balconies, accent elements and landscape elements. The Design Review Board has conceptually reviewed this proposal and is generally supportive of the proposed architecture and landscaping. The Design Review Board will be responsible for ensuring this proposal fully complies with this consideration, D. The Planning and Envieonmental Commission shall make the following findings before granting approval of an exterior alteration or modification: That the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 12-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master flan, and the Vaii ,Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not. be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, serviceldelivery and sunlshade analysis; and that the proposal substantially complies with all other elements of the Vail Comprehensive Pian. • 2t IX. STAFF RECUMMEIVDATIC)N Heiaht Variance The Community Development Department recommends approval, with conditions, of a variance, pursuant to Chapter 12-17, Variances, Vaii Town Code, from Sec#ion 12-7B- 12, Height, Vail Town Code, to allow for additions and exterior renovations to the Lodge Tower, located a# 200 Vail Road/Lot 2, Lodge Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: °`The Planning and Environmental Commission approves, with conditions, the applicant's request for a variance from Section ~2-7B-92, Height, Vail Town Code, pursuant to Chapter 92- 17, Variances, Vail Town Code, to allow for additions and exterior renovafions to the Lodge Tower, located at 200 Vail Road/C.ot 2, Lodge Subdivision, and sefti,~g forth details in regard thereto, subject to the following condition: 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmenta! Commission finds: ~. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title ~12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district.. • ~~ c. The strict interpretation ar enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district." 4. The construction of this proposal is contingent upon construction of the adjacent Vail Resort's "Front floor Project." Site Caveraae Variance The Community Development Department recommends approval, with conditions, of a variance from Seetian 1 ~-78-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow far additions .and exterior renovations to the Lodge Tower, located at 200 Vail RoadlLot ~, Lodge Subdivision, and setting forth details in regard thereto- This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the fallowing rrootion: "The Planning acrd Fnvironmental Commission approves, with conditions, the applicant's request for a variance from Section 12-7r3-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-97, Variances, Vail Town Code, to allow for additions and exterior renovafions to the Lodge Tower, located at 20f1 Vail Road/Lot 2, Lodge Subdivision, and setting forth details in regard thereto, subject to the following condition: 7. This approva! shag be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request." Should the Planning and Environmental Commission choose to approve tYtis variance request, the Community Development Department reearnmends the Commission makes the fallowing findings: The Planning and Environmental Commission finds: 7. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitatians on other properties classified in the same districf_ 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or maferially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical dif~culfy or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. 23 b. There are exceptions or extraordinary circumstances or condifions applicable to the same site of fhe variance that do not apply generally to other properties in the same district. c. The strict interpretation or enforcement of fhe specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 4. The construction of this proposal is contingent upon construction of fhe adjacent Vail Resort's "Front Door Project. Exterior Alteration or Modification The Community Development Department recommends apprawal, with conditions, of a major exterior alteration or modification, pursuant to Section 12-78-7, • Exterior Alterations or Modifications, Vail Town Code, to allow for additions and exterior renovations to the Lodge Tower, located at 240 Vail RoadlLot 2, Lodge Subdivision, and setting forth details in regard thereto. This recommendation is based upon review of the criteria in Section Vili of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this major exterior alteration or modification request, the Community Development Department recommends the Commission pass the following mo#ion: "The Planning and Environmental Commission approves, with a condition, the applicant's request for a major exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Afterations or Modifications, Vail Town Cade, to allow for additions and exterior renovations to the Lodge Tower, located at 200 Vail Road/Lot 2, Lodge Subdivision, and setting f©rth details in regard thereto, subject to the following condition: 9. This approval shall be contingent upon the applicant receiving Town of Vail approva! of the design review application associated with this major exterior alteration or modification request." Should the Planning and Environmental Commission choose to approve this major exterior alteration or modification request, the Community Development Department recommends the Commission makes the following findings: 7. The Planning and Environmental Commission finds that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in Section 72-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Qesign Considerations, to include, but not be limited to, the following urban design considerations: pedestrianizafion, vehicular penetration, sfreetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysr`s; and that the proposal substantially complies with all other elements of the Vail Comprehensive Plan. 7~ 2. The construction of this proposal is contingent upon construcfion of the adjacent Vail Resorf's "Front Boor Project. " iC. ATTACHMENTS A. Vicinity Map 8. Applicant's Request C. Architectural Plans d. Public Hearing Notice • 25 i=o o~ ~~ d a 0 Attachment B C] Lodge I ower .7 Lc~d cue I mpr~vement ~'ro~ect 1/ar~ance and Ma~~r exterior Alt~ratic~n Appl~cat~c~ns f~evised August 2UC~5 • MaurTello Planning Group I. Introduction and Summary of Rec~ue~t The Lodge Tower was constructed In I J73. The building has undergone rn,nor renovations over the last 30 years to Improve the Safety of the bullding, the aesthetics of the bullding, and the customer experience. The proposed plans will allow the Lodge Tower to respond to the renovation of the Vall Village with Its own renovation. The mayor activity that Is prompting this Investment Is the new Front Door project which Is occurring literally m the front yard of the Lodge Tower. The proposed Improvements Include; • ExpanSian of the lobby area to Improve the guest experience; • The. addition of new office spaces for the management of the property; • New lobby entry to Improve the arrcval of guests; • New owners lockers within the garage; • FxtenSlve exterior facade Impraver?~ents including stonework, new deck rally, nevi wmdow5 an the first floor, and a revised color scheme for the building; • Jew hotel elevator on the west Side of the building to Improve guest accessibility and Safety; • Coordination with Vail F~eSartS on improvements being completed as part of the Front Doar project. Since the Lodge Tawer was constructed upon a very Small parcel of land and do to its existing helc~ht, variances from site coverage, setbacks, and bullding height restrictions are required to allow these necessary Improvements. Lodge at Vail Area of Front Door Redevelopment ~ Aerial Photn Ledge Tvwer Maur~ell~ Planning Group, LLC • Existing Building _- , ~ - V!jl+i s.e . 5 s v .a .u.,. t- ~ y k~~ ' iui ~ /~ 4 tai y ! Lt `U ~ 8 -" - ~ 1 Nftorol45'E. ~''~,x~ P ~~ 1 1 ~ w Ke.,~_y._ l 1 ~w ~ s ~r. 1 ~ ~1 1 . s . ~w,.~ ~ir 1 lbrr~w-o.e~rx., ~ rmxcn,~ K o'~onl, rc~ tar_ ~' (uxn '~ 1 SEE MOIE (~ s I$," LO7 1 L =~ x1 W o t S .~ ~,~ ,s :.r ~ v y i I ~ oatr PS+. >A4. bl)) , l ~ ` _ iu: ' l` - ~ O ` r W L ~` Ci L G ~ I^ 1 u ~ ~ . ° `.1 -1 ~' R °~ _ ~_.. -~ ? ~ I i 1 1 ~~ 1 ~~ S S' ~ , ~ '"`s nu 'fig u oo,sbn„ ~~ aw.ear. „ ~ ~ ~ "..;: a ^ SEE 4 r.~is . _'~ ~9 NOtF ~Q 1 f- S^sEE7 ~ _ ~ ~ r 1 ~ ~ u,.~v, .. ,. 1 . . ,;,. : ~ ~ .. -• ~ ~ ~ ~ ~ _ ~!~ ~ 1 , ~ SEE MOTE ~ ~ C ~ mNu m,c ! s 1' n .~~4 LO7 2 '~ 1 ~ v e ~ ~ ~ 1 ^~` .v (LOWg SOU7N LOW~ONJ.O"IUMS~ " 2. bW .,$, ~4 5 ~ '~ ~ ~ 's.-, ~ $! 11 ~~ ~':~,:,.,., ~ 4 ~ - '~ „q _ -~ nft9 a3 so'w -'90.84' ,a T - E*, ~_ Approved 2Q04 Flat Lodge To~.ver 2 Mavriello P1~nnmc~ Group, LLC • II. Background on Lodge Property The Lodge Tower was constructed in I X73 as a condom~n~um building. The bu~ld~ng exter~ar has remained mostly unchanged for the last 30 years except for minor changes made to the buelding over the years. The bu7ld~ng ~s fully fare spr,nklered and compliant with the requirements of the Fire Department, In 2004 a pleat was approved by the PFC and recorded which mod,fied slightly the parcel of ground that the Lodge Tower was constructed an. The parcel's shape was changed spec~f~cally to accommodate the ant~c~pated rmpravements contained :n this appl~cat~on and the parcel was increased ~n size from 14:554.05 sq. ft. to 17,336.88 sq. ft. (2,782.83 5q. ft. increase}, thereby reducing the nonconformance of certain development regulations such as site coverage. I1{. Proposed Variance As stated above, the size of the Lodge Tower parcel vuas increased last year to make room for the proposed additions included ~n this application. There ~s na residential floor area being added to the building. The nevv floor area ~s used to expand the bobby and front entry to the bu~ldrng, to increase locker space within the garage level and partially with an easement wRth Lodge Propertjes Inc. ~Frant Qoor F'ro~ect}, accommodate the foot pant of a new elevator tower on the west skde of the budding. The tatad area of expansion beyond the current bueld~ng foot print es apprax~mately I ,326 sq. ft. (while the overall renovation i5 apprax~mately 2,425 sq. ft.). The new elevator (~nclud~ng c~rculat~on and lobby areas) occupies approximately 262 sq. ft. an the west side of the building at grade level {as well as all levels above). This sq. ft. ,s included ~n the I ,326 sq. ft, total faatpr~nt expansion. The CCI a_one district allows site coverage for a building at 80°10 of lot area. Prior to the replat of the property that occurred an 2004 the sate coverage of the bu~ld~ng was at 88.4%. Since the 2004 appravecl plat created a larger parcel of land, even with the new add~f~~ons tc the building, the structure v~rill have a site coverage reduction to 85.3`~a. • Lodge Teawer 3 Maura~IlG Planning Group, LLC r1 LJ PLANi<tNG ANC E'tVIk4lNM cr:i AL CUI.SIAISSION d DESIGN C{.EViL11" EIOARU 5U5atl'~ii4L A PpRTEQN OF BLC~CH S~C, VAIL VILLAGE FIRST FILING SECTIDN 6, TOWNSHIP S SOUTH, RANGE IIO WEST OF THE 6TN P.M., TOWN OF VTJL, COUNTY OF EAGLE, STATE OF COLORADO Pro osed Eiewator - ~ . ~ . ~ - -- '"I Proposed Additions p __~`` `~` - _~_:~`_ I Addition ~ _ ~ ~r I~ 1 .~. } ~~ Lobb /Frost Ent ~~ ~ ~ - _.. _ , ~-- --- i ~' fig ~ #, T '~ ~ ~. o,. nom.." . _ - ~ , ~ '., ' ~ z ,~ _ r~ ........ .....~_ ..m,... - _, ~._ _ . ~i _ r _ ,:. ., .._. t, ~ ....., ,... .,.... ~ ~~. ,, „~ ~, _ t I Y; ~ ~ ~ I ~ I ~ ~~ w r s ., ..~... .I ._. ~._..... _ .. ,... . - - - ° - ~ ~~ , ?~.....~ ~ -,,:a,~ tl - .~L: ~ t~ gz°.,~.-C~ ~"~ .cj- .fit s7. a~ ~ .~-e ~ 'f~ A,-,~-r -~ :_ ~~ -.~,~:~.~r,., .. ~r~ ~° ~-~ oaTE: u6-za-as - ~ SNC-ET: 12{iFl9 PROPOS@D FLOOR PLANS PLALFNING ANCI ENVIROkMENTAi COMrr1LS5lUN 8 DESIGN REVIEW 60ARC1 SUBMITTAL • L~Odg?. T(JW~r MaurleUo I'IF~nrYing Groin, LLC • 111. Prorosed Improvements South of Bulld~ng by Vall Resorts As shown on the site plan below there are irrepravements being completed by Vast Resorts to the south, east, and west of the Lodge Tower that connect to directly to the building and some of the improvements being proposed to the Lodge Tower. Vail Resorts will be encias~ng the parking lot to the south and east of the Lodge Tower and therefore pr©vid~ng parking and storage areas for use by Lodge Tower. The Lodge Tower has easements and agreements that allow the use of these off-site areas. The work bung completed by Vail Resorts was approved as part of the Front Door project, The current proposal only includes the area located w~th~n Lodge Tower's property. • Lacige I ovder Mauriella Plannrn~j Gra~~p, LLG 5 V. Archi~ec~urallmprovement5 Below are the exrstrng and proposed elevatrons far the north elevation of the bu~ld~ng. 7'nr~ cor-npar9son clearly demonstrates the overall aesthetic improvements oe~ng made to the building. vF i~ r~QC~ -rn~r~•~~ na~rtyxb ANa E. ..„ - ouN~Ne~n.aafsmNlr~wew wun aue.einAA AraRnaN a~~ awcxAo-c, vwu rrt.uaE r~lur r;~N.c ~ecs.w ~, TnY.%AHiV S :6NM. HAM W. K wL~VT M' iNF f 1 N4AA, TOWM qF yu4;,GAIF'tt 4T FAF,Y~,. =iATf Pd GM,bAAgo New Entryr Nc~i• Stone Base • Lodge Tower Maur~edlp F lannsr:c~ Group, LLC 6ATf' ~ Ba]'idS IS.:EL [ W 1f EYffiTd6 1lUL'Yk<Y EtEYA'TI WY6 PSANMLtiG AXII CMYEICMMFNTAL....,,~.....pt>r3~GtiYV J.tia1"YIAAdt45c4IIMlTTAt i '_°'~ ' ' ~", ~s ; ~;~.. ~.~.. a .F __.. ~ e ... _. _. Proposed North Elcr~ation ;- ,.... A,f srECr io to aN~vo3 kti~~ eLfH/~TANf- Ii AHtiIY!"~Ah.^.Lp~d'IOhNlNiAf C6NiG351ON 8LE}~.efi d-l°I.`F EON}:}4ilR19rdA1. New Windows anC~ deck R~ii15 HuNwINC AHOxNViwNNCnY.AT wNMlsyroh E bes,cN xcricwet~Ann EuewrtTu A+aamrA~N ev niutN 5x. wArt nausaE ~resr n~x¢cafcreoN E, rnwwailr yncenv~ gAUtc na pL9T Or rNC 6rN Fx., TOwx b+ YAA- GbUNT'r f1I EAG6[, ETA1i OT COLOHADC • VI. Zor~lnq Analyses Zoning: Commercial Core I (CC I } Lot Size: 1 7,336.88 sq. ft. or 0.398 acres {2004 plat) (I 4,554.05 sa. ft. prior) Standard Allowed/Reau~red ~xi5tma Prono~ed Density: 9.95 DU'S 42 LlJ'S No Change GR~A: No Change Flo Change No Change Bua{ding ~ieight: 43' 94.04' 96.7' (main ridge} (top of elevator} Site Coverage Landscape Area: Setbacks: North: Wept: East: South Parking 1.3,869,5 sf (80%) 1 2,865 sf (74.2%a) 14,790 sf (85.3%} I f ,643.24 s# (error to 2OQ4J (8F).~% prior to ~0~~4) No P.eduction No Change Nc~ Ghange a° 0' 0' 0' 0' 0' ©, 0' O' 0' 5.6' No Change 58.8 Spaces 49 spaces No Change • Lodge Tower 7 Mauriello Planning Group, LLC Vli. Approva~ Crl~er~a The relat~ansh~p of the requested variance to other existing or patent~al uses and structures in the ~ncin~ty. Dur Anal~rs: The proposed variance will allow for improvements necessary to improve the operation and safety of the Lodge Tower. These expansions were ant,cipated in 20D4 when the property was replotted to enlarge the site to accommodate the improvements. The proposed variance will allow the Lodge Tower to expand while maintaining a better relationship to the [3D% site coverage standard than prior to the repfat in 20D4. The proposed variance well have little if any negative empact on the existing and potentra/ uses and structures in the vrc,nrty. 2. The degree to which relie# from the strict or I~tera~ interpretation and enforcement of a speafied regulation Fs necessary to achieve compat~bil~ty and un~form~ty of treatment among saes in the vicinity, or to attain the db~ect~ves of this tale w,thaut grant of spec:al privilege. tour Analysis: The Lodge Tower has existed fcr 3© years or more on a small parcel of Jand and has always been nonconforming with respect to the Sete coverage regulation rn the CCI zone district. The replat rn 2CJD4 allows the proposed additions to occur while at the same time fessenrng the devratiran from the 8D/o limitateon that .has existed on the site for more than 3D years. The proposed uarranc_e will achieve compatibility and uniformity of treatment among setes in the area and will affow the Lodge Tower to attain the ob~eetives of this title without a grant of special privilege. 3. The effect of the requested variance on ljght and air, distribut~an of population, transportation and traffic fae~lit~es, putal~c facifot~es and ut~lit~es, and public Safety. Dui An,-~IV515: The proposed variance will allow the Lodge Tower to improve veh,cular crrculatron for guests and improve the safety and accessibility of tfie building. The proposed addrtir~n will have little if any effect on Iryht and air, di.stribr~tion of population, public facllitre5, and utilrtre5. ., Lodge 7o~n~er 8 Mauriello Plannmq Gr©up, LLB • VIII. Viii Village Urban Design Guide Plan and Design Cons~deration5 Below is the list of Urban Design Canstderatians ftaund ~n the Varl Village Urban Design Guide Plan.. I . Pedestr~arnzat~onlVehycle Penetration The Design Gons~derat~ans recommend differing levels of pedestrianizatian within the Vail V~Ilage. The proposed improvements w~dl have little impact upan the pedestr~an~zat~on of the Vrllage due to the lacat~on of Lodge Tawer, The proposed new entry feature wrll rmprave the arrival experience far guests of the Lodge Tower. 2. Streetscape Framework The proposed Improvements are not located along any pedestrran street and therefore this cons~derattion ~s not applicable. 3. Street Enclosure The proposed improvements are nit located along any pedestrian street and therefore this consoderat~on is npt appl~cabie. 4, Street Edge The proposed improvements are not located along any pedestrian street and therefore this cons~deratran rs not applicable. 5. Vrews No adopted voew corridors exist ~n the area on or adtacent to the Lodge Tower property, 6. Service and Delivery The proposed improvements will have no ,mpact an service and deliver to the V~Ilage. The Front Laor protect will be prov~d~ng underground delivery bays to be utilFZed by other buildings within the Village. ill deliveries for Lodge Tower will therefore be concealed within this loading and del,very fac~l~ty, ~. SunlSlnade The proposed ,mprovements will have I~ttle ar no effect an Sun/shade. Lodge Tower ~ Maur~erlo Planning Grain, LLC • ,luly 15, 2005 The dodge Tower Schematic Qesign Narrative Prepared by Ntatt.lohnson of klrpp ARCHITECTURE ~ PLANNING ~ INiERIOFS The Lodge Tower is undergoing a renovation, which will include a change exterior cladding materials, a redesigned lobby, a new elevator fewer on the West end of the building, and an overall updated feeling. All of this work is being carried out in conjunction with the Vail Front (Door project to the immediate South of the building. The lower floors of the exterior of the building will be clad in Cabinet Gore Ledge, a natural stave. This stone provides a full array of colors, ranging from deep blues, grays, and hints of brown. The blues from the stone will be pulled up the building in various locations. The majority of the existing stucco will be kept unpainted. I-Cowever, key features of the building will be accentuated with strips of a light blue color. The center elevator core will be painted to give a strong central vertical element to the building. The West elevator tower will receive this same color in order to accentuate the height of the building. The base of the building at the Northwest corner will have new deep planter boxes, the backs of which will be recessed into the stone wall, The backs will be stucco, painted to match the vertical elements. The existing balconies will remain, but will receive new guardrails that will be painted in a dark blue-gray color. The design of the guardrails provides a much more open quality, allowing residents mare visibility through the balusters. New windows in the central elevator lobby will be centered on the exterior recess, as well as the new lobby roof form, These windows will be trimmed by a radiused header piece and shutters. The radiused header theme will be carried around the entire building. All of the window trim will be painted in a medium blue-gray, bringing the stone color upward once again. In order to provide more space For residents and staff, a lobby expansion toward the North is being proposed. The design of the front facade takes its cue from the existing entry by utilizing a large archway, as well as reusing the entry doors. A stucco coat, painted in the same light blue, will be used to clad the majority of the expansion. bxposed glu-lam beams will bear the weight of the roof, which wiEl be finished with standing seam zinc panels. Lslipp a professional carporalron evrl9er S~~are, 1512 laremer Scree+, bridge Le+rel nenver, Colarodo &0202 ~ 3D3.893. 199D ~ 303-893-22Da wsrw.klipparch.com Principals Bean R. Klipp, AIA Alan c. ~elussy, ALi Cornelius P,. {Kin] Qu6ois. ALG }phn C- tJackj 6rokprr, AIA, CEFPI Gregory ~. Cromer, AIA, CEFPI Assaclcte Principals Qarid ISaml Miller.:.IA, CFFVI Kaot fan, AIFs GUARDRAIL nxoNOME • .~ • ~ O GUARDRAIL PNN Q • ~uA~DRAII~ ELEVATIC~I~ =~ k ^~~ ;~- ARCHITECTURE ~ PLANNING ~ INTERIORS • • ~ O GUARDRAIL SECTION .~ f ATTACHMENT C d _ ~. ... ... U . .- . . ._ : ~ .. . ~• . . . .: } f _ 1~ a... 4~ v ."~ ... . . ~~,~''~ .. a l? N h ;~ L l7 G • • • a m p m 4 ~ CJ Z d C1 ~ ~ ~ N SYl C'1 ~ Q r~ 7 ~ G. ~: w ~ ~ o a:.;,, z r m U nc9 N u~ u ~,,,r uNl u. F- O N , G ~ ~ y~ W ,d 0 ~ LL ~~U U~p ~ ~ ~. }}- ~~~ U Sz ~ Qa0 ~~ ~ ~ ~ U Q~ ~ ~ J_ ~d z ~xy ,.u t- z a °o ~ ~~ z z z a G. 9 j ,.~ S k~' c ~- v~ €' ~. ~ ,c - 5 ~ J I`}I 1~~ ' ~` 4 ~ r. ~ `~ 19q'~~ G ~ f'- Q Z ~ ~~f. ~' ~Q~ ~ ~ ~ f, .°~ O 1 Z -t s 5 Q~ 4 w ~~ ~ .~ ~ ~l w ~ ~ - ~ ~ ~ x z c? W £' ., - u7 -~ •o a dS _. 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N J ~ i ~ ~ ~ ~ aaa 3 4 ' ; ~ r t k3 I Y { ti } i - ~ -~ ~ f 4.: ~ - k G. . ~ ~ r.; . ~ f F<; ';~: ,' j , .. ~~ ;,. ~~~ G N z Gf LL Q Ndd. 1 ~:_ - °~4 a - Q 1 ~_ 4 a a Z an a 1 - y ~` r ~ r ''~ ` ~ ....5 ~,i .i {yi z ~.~ { y~l~,, E ., , -.. ,y ~~IS 5 ` ~~ ~S~ i I ~ ~5l 1 f -~ ``w.: ~- ILLY O a C9 z z Z a a a Attactament D ~x ~'ONN ~~ VAIL THIS ITEM MAY AFFECT YOUR PRC3PERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on ,July 25, 2005,. at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council of proposed text amendments to 11-2-1, Definitions, Sign Regulations; 12-2-2, Definitions, 12-3-fiC, Native, Hearings, Administration and Enforcement, 12-7A-3, Conditional Uses, PA District, 12-7C-4, Conditional Uses, Generally, Commercial Care 2 District, 12-7D-2, Conditional Uses, Commercial Core 3 District, 12-7E-4, Conditional Uses, CSC District, 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building}, Lionshead Mixes Use 1 District, 12-71-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building}, Lionshead Mixed Use 2 District, 12-8D-2, Permitted Uses, Ski BaselRecreatian 1 District, 12-$D-3, Conditional Uses, Ski BaselRecreation 1 District, 12-9A-2, Definitions, Special Development District, 12-9A-16, Private Parking Space Leasing, Conditional Use Permit, Special Development District, 12-9C-3, Conditional Uses, GU District, 12-1©-17B-1, Leasing of Parking Spaces, 12-15-5E-3, Additional Gross Residential Floor Area (250 Ordinance) Procedure, 12-17-6B-3, Criteria and Findings, Variances, 12-21-2, Definitions, Hazard Regulations, and 12-22-2, Definitions, View Corridors, of Title 12, Zoning Regulations; 13-2-2, Definitions, 13-66- 1 B, Plat Approval Procedure, Condominium and Townhouse Plats, 13-7-2, Definitions, Condominium and Condominium Conversions 13-11-2, Certificate of Dedication and Ownership, Sample Certificates, 13--11-3, Certificate of Dedication for Mortgage Holder or Deed of Trust Holder, Sample Certificates, 13-11-4, Surveyor's Certificate, Sample Certificates, 13-11-5, Title Certificate, Sample Certificates, 13-11-6, Clerk and 'Recorder Certificate, Sample Certificates, 13-11-7, Town Counci[ Certificate, Sample Certificates, 13-11-8, Planning and Environmental Certificate, Sample Certificates, 13-11-9, Administrator Certificate, Sample Certificates, 13-11-10, Certificate of Taxes Paid, Sample Certificate, and 13-11-11„ Certificate of C?r,vnership, Sample Certificate, of Title 13, Subdivision Regulations; and 14-2 Definitions and 14-10-l, Accessary Structures; Utilities; .Service Areas, Design Review Standards and Guidelines of Title 14, Development Standards Handbook, Vail Tawn Cade, for proposed corrections and/or clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Tawn of Vail Planner: Rachel Friede A request far a final review of a variance, from Section 12-7B-12, Height, Vail Town Code, and Section 12-7B-15, Site Coverage, Vail Town Cade, pursuant to Chapter 12- 17, Variances, Vail Town Cade; and a request for a major exterior alteration, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for additions and exterior renovations to the Lodge Tower, located at 200 Vail RoadlLot 2, Lodge Subdivision, Vail Village First Filing, and setting forth details in regard thereto. Applicant: Lodge South Condominium Association, Inc„ represented by Mauriella Planning Group Planner. Bill Gibson MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2005 SUBJECT: A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Faur Seasons Hotel, pursuant to Section 12- 9A-10, Vail Tawn Code, to allow for a reduction in the total number of dwelling units and fractional fee club units in the hotel; a decrease in building height at the northwest corner of the building, and a reduced setback requirement, located at 28 S. Frontage Raad and 13 Vail RoadlLots 9A& 9C, Vail Village Filing 2,and setting forth details in regard thereto. Applicant: Vail Development, LLC, represented by Zehren & Associates. Planner: Matt Cennett SUMMARY The applicant, Vail Development LLC, is proposing to amend Special Development District No. 3f , Four Seasons Resort to better facilitate the construction of the Four Seasons Resort, located at 28 South Frontage Road and 13 Vail Road Lots 9A& 9C, Vai! Village Filing 2 (Attachment A). Staff is recommending approval with conditions of the proposed development plan with the findings and conditions outlined in Section Vlll of this memorandum. II. DESCRIPTION dF TIDE REQUEST The applicant, Vail Development, LLC, represented by Zehren & Associates, has submitted a revised development plan to the Tawn of Vail Community Development Department. The requested modifications to the approved development plan include the following changes: a reduction in the total number of dwelling units and fractions[ fee club units in the hotel; a slight modification to building height at the northwest corner of the building; and a reduced setback requirement. The details of the proposed changes to the approved development plan far Special Development District No. 36 are contained in Attachment B, a draft copy of the amended ordinance. Text to be deleted is indicated by~tr-+k~thrcu~h:, and added text is highlighted in taold. Maior Amendment The applicant is requesting approval of a major amendment to Special Development District No. 36, the Four Seasons Resort. The review criteria for a major amendment to a Special Development District are contained in Section VII of this memorandum. Maior Amendment to Special Development District No. 36 The Four Seasons Resort is requesting a majoramendmentto Special Development District No. 36, pursuant to Section 12-9A-10, Vail Town Code. According to Section 12-9A-1, Purpose, Vail Town Code, the purpose of a Special Development District is, in part: The purpose of fhe Special Development Districf is to encourage tlexibilify and creativity in fhe development of land in order fo promote its most appropriate use; to improve fhe design characterand qualify of fhe new developmenf with the Town; to facilitate the adequate and economical provision of sfreefs and utilifies; to preserve fhe natural and scenic features of open space areas; and to further fhe overall goals of the community as stated in the Vail Corr~rehensive Plan. (III. BACKGROUNa The Town of Vail legal files contain limited information regarding the existing Chateau at Vaii_ The files do not contain information regarding the original construction of the hotel. According to the files, the existing hotel contains 120 accommodation units, each one approximately 280 square feet in size for a total of 33,660 square feet of gross floor area. According to the file, development activity an the site to date has been limited to minor al#erations and remodels. On ,luly 10, 2001, the Vail Town Council approved Ordinance No 14, Series of 2flp1. Ordinance Na. 14, Series of 2001, adopted a development plan for the establishment of Special Development District No. 36, Vail Plaza Hotel Vilest, on the existing Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a development plan far the special development district which included 15 dwelling units, 116 accommodation units, 40 fractional fee club units, and 14 Type II I employee housing units. The approved deviations from development standards of the underlying zoning included an increase from both the maximum allowable height and maximum allowable site coverage standards. On October 7, 2003, the Vail Tawn Council approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances Na. 9 and 1 fl adopted an amended development plan far Special Development District No. 36, Four Seasons Resort and rezoned a portion of the development site to the Public Accommodation zone district. The amended development plan allows for the construction of a mixed use hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee housing units. 7V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Tawn Council an November 18, 1986. The plan is intended to serve as a basis from which future decisions ~,ay be made regarding land use within the valley. The primary focus of the Vail Land Llse Plan is to address the long-term needs and desires of the Tawn as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a camrnunitywith 4,600 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made the Town of Vail successful. This is a considerable challenge, given the fact that land within the Valley is awell-defined finite resource,. with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. The goals articulated in the plan reflect the desires of Vail's citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land ~Jse Plan are to be used as the Town's adopted policy guidelines in the review process far new development proposals. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: i.Q General GrowthlDevelopment 7.1 Vail should continue fo growin a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bath the visitor and the permanent resident. 9,2 The quality of the environmenf including air, waterand othernafural resources should be protected as the Tovrrt~ grows. ~.3 The quality of development should be maintained and upgraded whenever possible. 9.4 The original theme of the old Village Core should be carried into new devefopmentin the Village Core through continued implenaentatian of the Urban Design Guide Plan. 7.72 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize ifs role as a destination resort while accommodating day skiers. 2, 2 The ski area owner, the business community and the Town leaders should wank togethercJosely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to irnprave facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage surrxxaer tourism. 3. Q Commercial 3.1 The hate! bed base should be preserved and used rrnre ef~cienfly. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hafels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged, 3.4 Commercial growth should be concentrated in existing commercial 3 areas to accommodate both local and visitor needs.. 4. g Village Core / Lionshead 4.9 Future commercial developmentshoufd continue to occurprimarilyin existing commercial areas. Future commercial development in the Gore 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 characterof each area is preserved thorough implementai~'on of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, Intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced thraugh.~ a. Installation of a new type of people mover 6. Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c. IVew development should be controlled to Iirrrt commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 C~uality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail wifh appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of pausing types. b.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the com-nunity. According to the Vail Land Use Plan map, the proposed development site is located with the "Resort Accommodations and Service (RAS}"end "Transition (T)"land use designations. The assigned land use designations are defined as follows, 4 Resort Accammodations and Service This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, Judges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Transition The transition designation applies to the area between Lionshead and the Vail Village. The activities and site design of this area is aimed at encouraging pedestrian flow through the area and strengthening the connection between the two commercial cores. Appropriate activitr'es include hotels, lodging, and other tourist oriented residential units, ancillary retail and restaurant uses, museums, areas of public art, nature exhibits, gardens, pedestrian plazas, and other types of civic and culturally on"ented uses, and the adjacent properties to the north. This designation would include the right-af-way of West Meadow Drive and the adjacent properties to the north. Town of Vail 5treetscabe Master Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Streetscape Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Urban Design Guide Plan was created in 1982 to provide guidance to the overall physical development for the Village. In addition to providing broad design guidelines, the Guide Plan suggested specific physical improvements for the Village such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete numerous private sector improvements. Improvements such as building additions, outdoor deck expansions, and facade improvements. The Streetscape Master Plan was written in part to provide clear design direction for coordinated public/private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for Streetscape improvements that: 1. is supported by the community, 2. enriches the aesthetic appearance of the Town; and 3, emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. The Town of Vail Streetscape Master Plan states, in part, the following with regards to West Meadow Drive: "West Meadow Drive is heavily used by pedestrians. It is the primary pedestrian route between Vail Village and L.ionshead Mall. Currenfly, mostpedestrians walk in the street; however, a small number use the narrow (5 ft. wider concrete sidewalk on the north side bordering the hospital. There appears to be nu preference by the pedestrians for one side of the street over fhe other, except at the east end, where most of the pedestrians cross Vail Road on the north side of the intersections. The preliminary concepts for West Meadow Drive focused on defining the existing pedestrian circulation patterns. This need to dune the pedestrian circulation system led to the development of the following preliminary concepts: Use different paving treatments to create in-street pedestrian paths of the roadway level. This concept builds on the idea that partof the charm and fun of 1/ail is the ability to walk in the street. A street-level walk system is easier to maintain, but it was felt that the high volume of cars, buses and trucks using West Meadow Drive would create street level pedestrian paths that would appear to create an even wider road without providing pedestrian safety. To construct sidewalks of equal width on both sides of the street. Since this is the pattern that most people are familiar with, it would be user friendly, but would result in relatively narrow walkways and increased pedestrians walking behfid parked cars, In addifion, it was felt that this system would do little to break up the monotony of the street. PREFERRED STREETSGAPE PLAN The concept that received the broadest public support was to create a primary pedestrian pafh (1 Q'-- 72' wide) an one side of the street and a smaller sidewalk (6' wide) on the other. The primary pedestrian path crosses from the north fo the south side and then back again, to avoid the head-in parking. Curb and gaffer v~vuld be used to define the street which has been narrowed fo the minimum width of 26; curb-ta-curb. Town of Vail Zoning Reaulatians Staff has reviewed the Tawn of Vail Zoning Regulations (Title 12, Vail Town Code). Upon review of the regulations, staff believes the following code sections are relevant to tt~e review of the applicant's requests: NIGH DENSITY MULTIPLE FAMILY ZONE DISTRICT 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites far multiple-family dwellings at densities to a maximum of twenty frve (25) dwelling units peracre, fogefher with such public and semipublic facilities and lodges, prr`vate recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenr'ties commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. ? 2-6H-2: PERMITTED USES: The fallowing uses shall be permitted in the NDMF disfrict: • Lodges, including accessory eating, drinking,. recreational or retail establishments, located within the principal use and not occupying more than ten percent (70%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional • • VI. accessory dining areas maybe located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached orrowdwellings and condominium dwellings. PUBLIC ACCOMMOflAT101V ZONE DISTRICT 92-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commerciatlretailond related visitor oriented uses as may appropriately be lacated within the same district and compatible with adjacentland uses. The public accommodation disfricfis intended fo 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 site development standards. Additional nonresidential uses are permitted as conditional uses which.enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the disfrict. 72-7A-2: PERMITTEfl USES: The fallowing uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent I`1 g%) of fhe total gross residential floor area of the main structure or structures on the site; additional accessory dining areas maybe Located on an outdoor deck, porch, or terrace. SURROUNDING LAND USES ANQ ZUMNG Land Use North: Government South: Residential East: Mixed Use Commercial West: Residential SITE ANALYSIS Zoning General Use Two-Family Residential High Density Multiple-Family Residential Special Development District No. 21 Public Accommodation High Density Muitiple Family Residential The development standards for a Special Development District shall are those 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 shop be determined that such deviations provide benefits to the Town that outweigh the effects of such deviations. Such determination is to be made based upon the evaluation of the proposed Special Development District's compliance with the Review Criteria outlined in Section VII of this memorandum. An amended version of Ordinance No. 9, Series of 2003 (Attachment B) has been attached for reference and contains the pertinent development standards to be considered for review as the site and zoning analysis for the Four Seasons Resort development site. VII. CRITERIA FOR REVIEW AND FINDfNGS MAJOR AMENDMENT TO A SPECIAL DEVELOPMENT DISTRICT Article 12-9, Vail Town Code, provides for the major amendment to existing Special Development Districts in the Town of hail. According to Section 12-9A-1, Vail Town Code, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its mostappropriate use; to improve the design characterand qualityofthe new d@velopment within the Town; to facilitate the adequate and economical provision ofstreets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Var`I Comprehensive Plan, An approved development plan fora Special Development District, in conjunction with the property°s underlying zone district, shall establish the requirements forguiding development and uses of property included in the Special Development District." 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 material and information necessary in the establishment of the parameters to which the Special Development Clistrict 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 space/landscape 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 the permitted, conditional and accessory uses in the propert~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 Special Development District. ft shall be the burden of the applicant to demonstrate the submit#al materiaB 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. Reductions of the plans have been attached for reference (Attachment C). The following is a staff analysis of the project's compliance with the nine Special Development District review criteria: A. Design compatibility and sensitivity tc~ the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In the High Density Multiple Family {HDMF} zone district, the minimum setback requirements are 20 feet on all sides of the development site. The applicant is proposing to deviate slightly from the 20-foot setbacks of the HDMF zone districtfor above grade improvements to the following extents: along the South Frontage Road the proposed front setback is 19.75' from the property fine at the farthest point of that facade. Along Vail Road to the east, the proposed side setback is 17.76'. as two points of the building along that side protrude 2.3' into the 20-foot side setback. Along West Meadow Drive to the south, the proposed setback for above grade improvements on that side 6s 19.25'. The applicant is proposing a 19.60' setback from fhe westerly property line adjoining the 9 Vail Road Condominium Association property. In addition to the deviations from the above grade setbacks,. the applicant is also proposing a deviation to encroach into the setbacks below grade. These encroachments accommodate storage areas and required parking. The development site for the proposed Four Season Resort is immediately adjacent to the 9 Vail Road, Scorpio, and Alphorn Condominiums. Throughout the development review process for the approved Special Development District, the sensitivity to adjacent uses has been considered by the Design Review Board, Planning and Environmental Commission, and staff. The proposed building was significantly re-designed to provide a smooth transition from the Faur Seasons Resort to the Scorpio: B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses, activities and densities far the Four Seasons Resort development site are prescribed bythe underlying zoning, The High Density Multiple Familyzvne ~HDMF) district provides sites for development of lodges accommodation units} with accessory eating and drinking establishments and multiple family residential dwellings a# a density of twenty-five dwelling units per acre. The uses and zoning designations surrounding the proposed development site include Public Accommodation (PA) to the south, east and west ~Sonnenalp, Nine Vail Road & Special Development District No. 6 -Vail Village Inn), HDMP to the west and northwest (Alphorn and Scorpio), and Commercial Service Center (CSC}ISpecial Development District No. 21 (Gateway} to the northeast. The same development standards thak would apply to the Four Seasons Resort development site also apply to the Alphorn and Scorpio Condominium properties. The Commercial Service Center (CSC) underlying zoning of the Vail Gateway building is intended to provide sites for a mixture of commercial and residential development. The Faur Seasons Resort is proposed to be amxed-use development. The mixture of uses includes commercial, lodging, recreational, and residential. Staff believes the proposed mixture of uses and the development site's proximity to both Vail Village and Lionshead is consistent with the intended purpose of the proposed underlying zoning of HDMF. Further, staff believes that the proposed uses within the Four Seasons Resort will compliment those existing uses and activities on surrounding and adjacent properties. The proposed density of the hotel and the multiple family residences with 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. EmQlavee Housing Reauiremenfs As indicated %n a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used. by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used mast recently in the review of the Austria Haus, Marriott and Special t]evebpment District No. 6 -Vail Village Inn development . proposals. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing uni#s needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees {square footage per use}, that results from the redevelopment. The figures identified in the report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, E.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New"' employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. Fvr example, Telluride requires developers to provide housing for 40a/° (0.40) of the new employees, Aspen requires that fi0% (O.fiO) vfthe new employees are provided housing and Whistler requires that 100% (1.00} of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.95} or 30°/`0 {0.30} of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30°J° (0.30) figure is used in the calculation. If a project is proposed at, or below,. the density allowed by the underlying zone district, the 15% (0.15} figure pis used. The Four Seasons Resort special development district does not exceed the density permitted by the underlying zone district. However, the Planning and Environmental Commission and Vail Town Council have indicated the 30% figure steal! be used given the substantial scope and impact of this project. The applicant is proposing tv provide employee housing for a percentage of the "new" employees resulting from the hotel construction. The new hotel is expected to generate 228 "new" employees. The "new" employees are in addition to the 85 "full time equivalent" employees already working at the Chateau at Vail and Vail Amoco. The applicant is proposing to provide deed-restricted employee pausing for 30% (56 beds in 28 units} of the "new" employees. In order to ma~amize the benefit of the pausing to the Town of Vail, the applicant has suggested that the housing will be available only to Four Seasons Resort employees_ C, Compliance with parking and loading requirements as outlined in Chapter't2-10 of the Vail Town Code. As currently proposed and with all uses considered, the total parking requirement for the Four Seasons Resort is 210.26 parking spaces. The applicant has proposed a total 212 spaces. Additionally, in accordance with the existing conditions of approval far the special development district, the applicant has agreed to provide up to six {6) parking spaces within the Four Seasons Resort parking garage for use by the owner of the 9 Vail Road Condominiums. The applicant has provided loading facilities which exceed the requirements of Chapter 12- 10, Vail Town Code and all delivery truck maneuverability is accommodated on-site and i0 within the building. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. A summary of the applicable elements of the Vail Comprehensive Plan has been provided in Section IV of this memorandum. Upon review of the development review applications, staff believes that the proposals conform to the applicable elements of the Vail Comprehensive Plan.. The Vail Land Use Plan encourages the upgrading and preservation of hotel beds and designates this site as an appropriate location for hotels, lodging, and other residential uses, ancillary retail and restaurant uses. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Comprehensive Plan. E. Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Four Seasons Resort development site is not located in any geologically sensitive areas or within the 100-year floodplain. 1=. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site lacks many natural features today. However, staff believes that the design of the building, including generally maintaining setbacks, has created a development which is responsive to the aesthetic quaGtyof the community. Where retaining wails are necessary, generally boulder walls are used in the more visible locations to minimize the visual impact of the walls. Staff believes that the increase in site coverage percentage is an acceptable deviation to the site coverage requirement of the High Density Multiple Family zone district, as it is generally a result of providing underground parking. The visual. absence of surface parking and its associated negative impacts outweighs the any potential impact resulting from the site coverage increase. Staff believes the overall plan for landscaping and courtyard area (adjacent to the pool] is a functional and aesthetic improvement overwhat exists on the site today along West Meadow Drive and is in compliance with the general provisions of the Streetscape Master Plan. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Pursuant to Section 12-7A-14, Mitigation of Development Impacts, Vail Town Cade, property owners/developers shall be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the developrrient impacts. The intent is to provide appropriate mitigation to an extent that is proportional to the anticipated impactsof new development. The applicant and staff have agreed on the following off-site improvements: 1y Widening of the south side of the South Frontage Raad and installation of a left turn lane to the Four Seasons Resort and the Vail Police Station, with final design to be approved by the `Yawn of Vail and Colorado Department of Transportation. • Installation of landscaped medians on South Frontage Road from the raundaboutto the western lot line of the Scorpio. • Installation of a detached 6 ft. wide heated paver sidewalk adjacent to South Frontage Road and the Four Seasons Resort frontage. • Installation of an attached 6 ft. wide heated sidewalk and all related necessary improvements {i.e. retaining wall, railing, curb and gutter) adjacent to South Frontage Raad, slang the Scorpio frontage. • Relocation of the fire hydrant adjacent to South Frontage F?oad. • Relocation of Spraddle Greek piping and installation of new box culverts, • Installation of heated paver sidewalk on Vail Road along Four Seasons Resort frontage. • Installation of heated paver sidewalk from the west side of Mayors Park to the west property line of the Four Seasons Resort frontage an West Meadow drive, in accordance with the Town of Vail Streetscape Master Plan. Installation of decorative lighting adjacent to public walkways along Faur Seasons Resort frontage, with final design and location to be approved by the Town of Vail staff and Design Review Board. • Uverlay of South Frontage Road from the western end of the Scorpio to the roundabout, • Road improvements to the north half of West Meadow Drive adjacent to the Four Seasons Resort frontage, including curb, gutter, asphalt reconstruction, and drainage improvements. Final design to be approved by the Town of Vail. • Raad improvements to Vail Road from the roundabout to the driveway of 9 Vail Raad, including curb, gutter, asphalt, and drainage improvements. Staff believes that the proposed improvements have successfully addresses bath pedestrian and vehicular circulation on and off-site. All elements of a successful circulation system have been considered and addressed to staff's satisfaction. Overall circulation of the si#e has improved with the elimination of all access off of West Meadow give, the elimination of driveways from Vail Road, the realignment of Vail Road, alignment of the access with the Vail Police Department access, Frontage Road improvements including landscaped medians, curb and gutter, sidewalk, and mulfiple lanes, and completion of West Meadow Drive improvements. H. Func#ionaJ and aesthetic landscaping and open space in order to optimize and preserve na#ural features, recreation, views and funs#ions. There are no established public view corridors in the immediate vicinity of this proposal. The applicant has submitted a landscape plan which indicates that they are providing mare landscape area than required in the High Density Multiple Family zone district. Staff believes that the landscaping and open space has been designed to optimize recreation, views, and functions. I. Phasing plan or subdivision plan #hat will maintain a workable, functional and efficient relationship throughout the development ofthe special development district. ~z The applicant is proposing to construct the project in one phase. A subdivision of the property is not necessary to facilitate this proposal (with the exception of a condominium map). Construction staging is reviewed as part of a building permit submittal for any project. Vlll. STAFF RECOIVlIVI1=NDATIUN The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council for the proposed major amendment to Special Development District No. 36, to allow for amixed-use hotel, located at 28 South Frontage Road and 13 Vail Road 1 Lots 9A and 9C, Vail Village ~~ Filing. Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions of the applicant's request, staff recommends that the following Endings be made as part of the motion: That the proposed major amendment to Special Development District No. 36 complies with the nine design criteria outlined in Section 12-9A-$ of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to proposed building setbacks, that: a. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b, Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed building setbacks will provide adequate availability of light, air and open space. d. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 3. That proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 4. That proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 5. That the development is incompliance with the purposes of the Public Accommodation zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail village Urban Design Guide Plan and the Vail Streetscape Master Plan., and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other 13 applicable elements of the Vail Comprehensive Plan. i Staff's recommendations include the following conditions (carried over from the previous approval by the Planning and Environmental Commission): 1. The Developer shall address the following conditions of approval prior to making application for a building permit for the Four Seasons Resort: o The developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board. a The developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval. o The developer shall coordinate the relocation of the existing electric transformers an the propertywith local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. o The developer provides a 6 ft. to $ ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board. o The developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town far civil approval by the Department of Public Works. o The developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works. o The developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd: medians. A detailed landscape plan of the medians shall be provided for review anal approval by the Design Review Board. o The developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades far the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. o The developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line ~a from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. o The developer shall incorporate public art into the development, and shall coordinate ail art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. o The developer shall resolve all of the following design-related issues forfinal Design Review Board review and approval: o Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. o The cross-slope on the West Meadow Drive walk shall maintain a max. 2.©% crass slope that is sloped towards the road. a The boulder walls and grading at the sE corner of the property shall be modified as to not impact the e~asting 2-36" CMP's. o The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddte Greek vault. o The proposed spraddle Greek vault and concrete box culvert. shall be c~ modified to work with the e~asting phone vault. A11 known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts, o The proposed walk. that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. o Fire staging turning movements shall be show on plans. o Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "`bench" access drive wal!• o Top of wall elevation for the Frontage Rd-West`Meadow Drive path reads as 185.8?(Typo} o Railings shall be provided for paths where necessary o Shaw edge of existing pavement for Frontage road an civil plans and show match point. o Erosion control plan shall be updated. o Show grading around proposed e@ectric vault. o Show driveway grades, spot elevations on civil plans. o Show additional TOW/BOW elevations on pool walls. o The Developer shall coordinate with the Town to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Town of Vail for review and approval by the Town and the Design Review Board. 2. The Developer shall address the following conditions of approval prior to the issuance of a building permit: o The developer shall submit a rooftop mechanical equipment plan for review and 15 approval by the Design Review Board. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. o The developer shall post a bond to provide financial securityforthe 15D% of the total cast of the required off-site public improvements, o The developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alpharn Condominium Association granting access to allow for the canstruc#ian of sidewalk, drainage, Spraddle Creek relocation„ and landscaping improvements, respectively. a The developer shall receive approval for all required permits ~CDOT access, ALOE, dewatering, storm water discharge, etc.). 3. The Developer shall address the fallowing conditions of approval prior to the issuance of a temporary certificate of occupancy far the 1^aur Seasons Resort: o The developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-93) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available far occupancy, and that. the deed restrictions shall be recorded with the Eagle County Clerk & Recorder. o The developer shall record a drainage easement far Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office, o The developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board. o The developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall submit a pedestrian easement for this connection for review and approval by the Tawn Attorney. o The developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town far review and approval by the Tawn Attorney. All easements shall be recorded with the Eagle County Glerk and Recorder's Office. 4. Others: o The Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 9, Series of 2DD3, This fulfills approval agreement number 2 of first reading of Ordinance No. 9, Series of 2D03. o The required Type I I Ideed-restricted employee housing units shall not be eligible far resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 16 o The developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, X003, Traffic Study. The net increase shall be cakculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(908+7)= 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non- adjacent improvements constructed. o The developer shall begin initial construction of the Four Seasons Resort within three years from the time at its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently w©rk toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12 9A-4, Vail Town Code. o The developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. IX. ATTACH1311ENTS A. Vicinity Map B. Draft copy of amended Ordinance No. 9, Series of 2003 C. Reduced set of architectural plans 17 O O i- e • A~BNE~-N~~q-9 t7,L f'~IGC l~~~tlJ ORDINANCE ND. SERIES OE 2005 AN ORDINANCE REPEALING AND RE-ENACTING C, 14 ORDINANCE NO. 9, SERIES OF 2003, ,SE~i;E~-^~ "^-"-'~, PROVIDING FAIR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APRROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER '12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Nicollet island Development Company, inc., has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 36, Four Seasons Resort, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and Attachment B WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it irm the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Plan for Speclal Development District No. 36, Four Seasons Resort. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL. OF THE TOWN 4!' VAIL, COLORADO, THAT: Section 1. ~ Purpose of the Ordinance The purpose of 9: wi~n~:~sc ~~. ~, ve~ie~:}. ~39~ Ordinance No._, Series of 2Ua5, is to adapt an Approved Development Plan for Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate development standards for Speclal Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vai! Town Code, The °'underlying" zone district for Special Development District No. 36 shall remain Public Accornmodafron zone district. ction 2. Establishment Procedures Fulfilled. Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-gA of the Vail Town Code. coon 3. Special t7evelopment District No. 36 The Special Development District is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Tawn of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended 'because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the s#andard Public Accommodation zone district requirements. Section 4. Development Standards -Special Devei'otament District No. 36, Four Seasons, Resort Development Plan - The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following- plans and materials prepared by Zehren and Associates, Inc., and Hill . Glazier Architects, and Alpine Engineering, dated ~`rrril '°, '_' and stamped approved by the Town of Vail, dated "~.a~=~t~ August ~4, 2U05: (Revised sheet titles and alphanumeric codes will replace most of those listed below.) `' ~- gt•~G l~r c. ~1. ;.+st+n - .,. G4: ~ ~:~di; nd End--B°~i: ~~+ ~I. ~~. Gi~a~ia-, u; ~~.~i~rdc-nt ~cntrcl i'~a~r~ c. D~. Eh:.~ea~~ 1J#ili:~-R1~ f. ,`1 ~.J.1 l ,,, ~ da.,.., r a g. A~-~.~ L~el ~ f lz,i; ~~-4L',11~'i ~, r'r al ~ Dl~~., I4 ~L'] i. ," ''t-~-~:~ ;~,~~a 1 Pica a. .~ ~.c.~ ~-e~,n~~: ~1~~ It. .'1 ~.n ~ i r.i ~ o~.,., ~1 ~lr"7'~ I. ,'1 ~.0.' Lc tol ? P1a~-t1 "~,') ' ~. . ` ~. J...+L-~'G~ILT~JT~IL.~ ~cJ I ~ I a. .'1 2:4.10 L~r~l 10 -L~'~~>} ;,. /~ 2.4.11 P~~f i'~~n A ~ fl 1 ~ln +'..., t: - ,^t-€?.4.1 wit : f~c~ I~l~ rrh, to ~Ik~4~tcrr~:o;viY--~~+ )\ /~ "nv-o-~-t~~~~Q~~~T y I-IC~'I~#t ~CIU.:IGtl9n~ ~."rci'3[i....,~~.,, ~ ~,+ri +nr,,.,i~+~~r r^,,.~~.UI'~ ~. n 14.4.0. ~+4ding I-I~i~l-t ~ie~ ~+r-Rep aa. A-11.Q.1 Existing Circulation bb. A-11.Q2 Proposed Circulations et. .~ 12.J.1 2f~-s+te I~r,~rv.w,~ric-rr:~ rlw;t ff. .h 1r.0.~ ,'1wti'.~c Crcurc ~'~r•cra~e hh. A-16.11.1 Streetscape Elevations' rrraitted Uses-- The permitted uses in 'Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses-- The conditional uses for Special Development ©istrict ~o. 36, Pour Seasons Resort, shall be set • forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as ou#lined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units per Acre -Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units -- The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units - -1-16 Accommodation Units - X122 Fractional Fee Club Units - X19 Type III Fmpioyee Housing Units - X28 Density-- Floor Area -- The gross residential floor area {GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. SQecificaNv; GRFA - ~ 177,609 square feet Retai] ~,1~ 2386 square feet Restaurantlt_ounge 1 ~,1 GG 5,946 square feet Conference Faciiities - ~'1~6 11,139 square feet Health Glub and Spa 11,E 18,577 square feet Setbacks-- Required setbacks far Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height-- The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance X89 feet maximum}. Site Coverage-- The maximum allowable site coverage for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (~ 70,150 square feet above grade or 0 59°f°; and 8~4;4~8-2 85,097 square feet below grade or ~ 72%°). ring-- The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shah be as set forth in the Approved Development Flan referenced in Section 4 of this ordinance (~ 35,268 square feet or ~ 30°/°}. Parking and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (2'l1 spaces reauired, 211 spaces provided). In no instance shall Vail Road, 1Nest Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-offlpick-up without the prior written approval of the Town of Vail. The reauired parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the reauired spaces may be utilized by the Holiday House Condominium Association, dlbla Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. ~ection 5. Approval Aareements for Special Development District Na. 36. Four Seasons Resort The approval of Special Development District No, 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the foClowing approval agreements: That the developer shall provide deed restricted housing that complies with the Town of nail 'Employee Housing requirements (Chapter 12-13) for a minimum of C8 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for fhe Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 9, Series of 2x03. This fulfills approval agreement number 2 of first reading of Ordinance hJo. 9, Series of 2003. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy far the Faur Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be~ incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond. to provide financial security for the 150% 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. S. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Cade. This will be demonstrated. on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type Ill deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel proper#y. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted far review and approval by the Design Review Board. 11, That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent #o the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted far review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement. for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements far dedication to the Town for review and approval by the Town Attorney. A!I easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003„ Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips ~ $5,000 = $20{},000. This fee will be offset by the cost of non-adjacent improvements constructed. 16. That the developer shall receive approval far all required permits (CDOT access, ACRE, dewatering, stormwater discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professiana6 Engineer, include all drainage, roof drains, landscape drains etc., and haw they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town. for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, prafiies, details, limits of disturbance and construction fence for review and civil approval by the Department of Publ%c Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. ~20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio build`ang in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible far 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park #a western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. - That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board, 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross-slope on the West Meadow Drive walk shall maintain a max. ~.0°/o crass slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36°' CMP's. d. The foundation wall at the SE corner of the parking structure shall be modfed to accommodate the existing Spraddle Creek vain#. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curvedlangled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?{Typo) k. Railings shall be provided for paths where necessary I. Show edge of existing pavement for Frontage road on civi6 plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. a. Show driveway grades, spot elevations on civil plans. p. Show additional T©W/BQW elevations on pool walls. 2~. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the Developer shall coordinate with the Town to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Town of Vail for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 26. That the Developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development, Section 6. Effective Date of the Ordinance 9~c'inec;cc t~Jc. ~, Ezr;e;, :,f ~gg~, :~ia4l-#-a4~c cf`c;l c~ ~a-~ 1, ~~94. {Replace with appropriate date.) Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All iaylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shai'I not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of September, 2005, and a public hearing far second reading of this Ordinance set for the _ day of October, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of September _, 2005. Ludwig Kurz, Mayor ATTEST: Exhibit A TQ'vVN OF MFMO~~ANDL~M OF UNDERSTANDING VAIL This Memorandum of Understanding is made and entered into on the 16`x' day of September 2043 by and betti~~een 1\ICOLLET ISLAND DEVELOFtI~IENT CO., a Minnesota corporation and the TO~'4'N OF VAIL a iVlunicipal corporation, situated in the County of Eagle, State of Colorado. WHEREAS, Nicallet Island Development Ca. is planning the development and construction of a mixed use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities at 2~ South Frontage Road and 13 Vail Road, Vail Colorado {Lots 9A and 9C, Vail Village ~°a Filing) currently and commonly known as the Chateau at Vail hotel and the Alpine Standard~'Amoco gasoline station; WHEREAS, in connection with its proposed mixed use development Nicollet Island Development Co. is requesting from the Town of Vail certain entitlements pursuant to its applications for a major amendment to Special Development District No. 36, a conditional use permit for Type lII Etnployec Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot 9A, Vail Village 2"~ Filing; WHEREAS, in connection with the applications and requested en#itlements, Nicollet Island Development Ca. is required by the Town of `'Jail to make certain off=sitefpublic improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town of VaiE Streetscape Master flan, as amended; Wl-IEREAS, as a condition to the second reading of Ordinance No. 9, Series of 20Q3, the parties are required to enter into this Memorandum of Understanding setting forth the • responsibilities, obligations and requirements of the parties in connection with said offsiterpublic improvements to be performed by Nicollet Island Development Co., NOW, TH~.REFOREy in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: I. D)CFINITIOl~iS 1. When used in this Memorandum of Understanding, the following terrrzs shall have the following meanings unless otherwise specifically defined. The singular shall include the plural and the masculine gender shall include the feminine and the neuter unless otherwise required by the context. "Improvements" shall mean those off-site/public improvements as specifically defined in Section III below. "MOU" shall mean this Memorandum of Understanding agreement and all exhibits annexed hereto. "Nicollet" shall mean Nicollet Island Develapn~ent Co., a Minnesota corporation, whose address is G00 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 554D2~ Attention: Thomas J, Brink "Parties" shall mean both Nicollet and Town of Wail. "Project" shall mean the mixed use project being planned by Nicollet and consisting primarily of a five star hotel, a fractianal fee club, condominiums, retail, employee housing units and related facilities to be located at the Property, which mixed use project is the subject of ordinance Nos. 4 and 10, Series 203. "Property" shall mean: chose properties commonly known as tl~e Alpine Standard,'Anloco gasoline station and the Chateau at Vail hotel, located respectively at 2$ South Frontage Road and 13 Vail Road, Vail Colorado -hots 9A and '9C, Vail Village 2' Filing. "Yawn of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Load, Vail Colorado 81657; Attention: I1, PXJItP[lSE 2. The express purpose of this 1V1Q1J is to establish the mutual responsibilities, obligations and requirezxrents of the Parties hereto regarding the Improvements to be perfornred by Nicollet in connection with Nicallet's entitlerrrents and. Project. These Improvements are required to be made by Nicollet based upon the design and functicanality of the Project or as specifically required by the Town of Ya 11 in connection with Nicollet's entitlements. III. NICC)LLET'S ~BLIGATI~NS 3. Nicollet slarzll be responsible, at its sole cost and expense, except as speciftcally provided herein, to complete and perform the following {collectively, the "Improvements") in connection with the Project: (u) ,Soisth Frontcz~e Road. N%callet shall perfol-m the following improvements along the South Frontage Raad, using new and first class materials, as approved by the Town of Vail and the Yawn of Vail. Design Review Board and in accardancs: with all applicable federal, state and local laws, statutes, ordinances and regulations: {i) widen the south side of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; {ii) install medians in South Frontage Load from the main roundabout to the wester°n !ot line of the Scorpio Condominium property; {iii) provide all landscaping and lighting within the • proposed South. Frontage Raad median to be eanstrucicd by Nicollet; (iv) install an attached heated paver sidewalk/walkway (6 to $ feet wide) adjacent to the South Frontage Raad from the bus stop adjacent to the Weststar Bank east along the Scorpio Condominium pr©perty and the Property to Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (v) relocate the fire hydrant adjacent to South Frontage Road; and (vi) pavement overlay from the centerline of South Frontage Road to the property line of the Property from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject. to timing and coordination of the CDaT averlay project that will be at CDC}T's sole cast and expense). (b} Yail Road l~Ticollet shall pcrforrn the following improvements along the Vail Raad, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewallcJwalkway (6 to 8 feet wide] adjacent to Vail Raad from the South Frontage Road south along the Property to 9 Vail Raad property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box culverts; and (iii) pavement averlay from the centerline of Vail Raad to the property line of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road. along West Meador~r Drive, using new and first class materials, as approved by the Town of Vail and the Tawn of Vail Design Review Board and in accordance with all applicable federal, (c) West .~Vlerzrlow Drive. Nicollet shall perform the fallowing improvements state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver s~valkfwalkway (6 to 14 feet wide, or as required by the final approved Town of Vail Streetscape Master Plan for West Meadow Drivel adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Property to the western most property line of the Property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary and to match. and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all design improvements slang West Meadow Drive from the centerline of the right-af--way to the property line of the Property and the 9 Vail Road property from the western most side of Mayors` park west to the western most property line of the Property {specifically including any drainage and grade tie-ins necessary beyond the western most property line of the Property), including all drainage, lighting, art, Streetscape enhancements, utility relocation, edge treatments, curb and gutter a~landscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive. {d) Pedestrian Wulkwny. Nicallet shall perforn's the following improvements along the western property line of the Property from the South Frontage Road to West Meadow Drive, using now and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Hoard and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) design and install an attached heated pedestrian sidewalkfwalkway along the western property line of the Property from the South Frontage Road south to blest Meadow Drive, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e} Straddle Greek. Nicollet shall perform the fallowing improvements in connection with Spraddle Greek, using new and first class materials, as approved by the `F'awn of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local la.~s, statutes, ordinances and regulations. {i) relocate the Spraddle c~•eek piping and install new box culverts, as necessary. IV. EASEMENTS 4. Nicallet shall be responsible, at its sole cost and expense, to prepare and submit all applicable roadway, drainage, and pedestrian easements far dedication in connection with the Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property. V. TOWN OF VAIL'S OBLIGATIONS 5.Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, sno~~r removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Nicollet shall have no continuing or further obligations or responsibilities in connection therewith. VT. FINANCIAL GUARANTEE REQUIREMENTS 6. Nicollet shall provide and post with the Town of Vail a Bond in the total ar~~ount of One Hundred Fifty Percent { 150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Nicollet and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improv~;ments by Nicallet. The Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. vr>:.1v~isCl~t~t,Alvl:aus I>»~v><s~~olvs 7.1 Amendments. This MOU and all documea~ts and instruments executed in connection herewith may be amended, anodified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. ' 7.2 Binding Effect. This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to he covenants which run with the land under applicable law. Nicollet agrees to make any transfer of any interest in the Property subject to the obligations contained in Chas MOU. ?.3 Colorado Law. This MOU shall be construed and enforced In accordance with the laws of the State of Colorado, 7.~1 'l'ime of Essence. Time is of the essence of this MOU. In the event the provisions of this ~v10U require any act to be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7-S Counterparts. This Agreement may be executed in counterparts, each of which sha11 constitute a separate document but. all of which together shall constitute one and the same agrcement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.b Attorneys' Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MC}U, the Court as part of its judgment shall award reasonable attorneys" fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions. Every provision of this MC)U is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 7.$ Entire Aere~;rnent. This MOU and the documents referenced herein set forth all the covenants, promises, agreements, conditions and understandings among the Parties concerning the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, either oral ar written, between them ether than as are herein set forth. Al] negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MDU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall be used to interpret or construe this MOU. 7.4 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Nicollet hereunder shall be sufficiently given and shall be deemed given when delivered, ^r when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: • If to the Town of Vail; Town of Vail e/o 75 South Frontage Read Vail,. Colorado 81657 If to Nicollet: Nicollet Island Development Co. c/o Thomas J. Brink 6[70 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 No Third Party Beneficiary- This MC)U and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 lnde~nnificaton. Nicollet agrees to indemnify and bold the Town of Vail harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents, officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out. of the construction or the installation oi' the Improvements which Nicollet is required to perform under the terms of this 1VIDU- 7.12 Termination- So long as the Town of Vail approval for the Special Development District No. 36 -Four Seasons Resort remains valid and has not terminated by passage of time or othervvise, this MC3U may not be terminated, in whole or in part., without the mutual written consent of the Parties hereto fL ~ above.. ti~'IIEREFORE, the Parties hereto have executed this MQU as cif the date first set forth 1~YCOLLET ISLAItifD DEVELpPMEIV~T CO. By: Thomas J. Brink Its; Vice President ~. C`xeneral Counsel TOWN OF VA~L By= s ss ACKNOWLEDGMENT BY I'~ICQLLBT STATE QP' MII~TNESOT~ Ct~UNT`~` (7F HEI~NPPIN This instrument was aclfrrowled~ed on the day of , 20Q3, before me a notary within and for said County by Thomas 3. Brinl€, the Vice President and General Counsel of Nicollet Island Development Co., a Minnesota corporation, on behalf of the corporation. I~~otary Public STATE C}F CC:~I.:C~FADC) ) ss ACKNQWLEDQMEI~TT BY TC}WN f)F VAIL C)n the day of , 20fl3, before me a notary CC)UNTY QF EAGLE public within and for said County, personally appeared to me p known and by me duly sworn, the of the Tawas of Vail, a municipality named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its acknowledged said instrument to be the free act and deed of said municipality. 1 f• __ __ ' , ~/ l ~ ~ ! -_~ ,~~" ,-~; ~-. `~- , ; ~ , ~, __ ,, a + ~ ~~ ~~' ~ f ~ {~ 4 ~ 1a_ ~i ~ [~ ~ r` .` ~ ~ ~~ ~ ~ 1 r ,,`I ~ `~,,~ ~ ~ ~ ~ i ~ ~( 1 ~~ S ~"` 1 ~ ~ ~ ,j, ;: ~~ }y ~~~ ~ ~i ~. ~ - _ c - - t --i _~"~ ~~~ Q ~o s o ^ ~~ I o `' ~~ _ ~ ~ k3 o ._ a f l ~ ~ 7~~ ~ 4~*° ,, { ,. 4 ~ ~~ ~ I[y ~,J ~ _ 1 t .~ ~ ~ ~ ~ ._. ~ ~ ~ ~. o - : ~ ._..- -- t- .. ~ ~~-~ ~ _ -. ,. ~ ~ ~ ~ ° - - o r '• ~ . ~' - ~= -~ _- --- iI ~ ' 1 _---- - ~~ ~= ~~1~ _ -T S~ ~+, ~.~ ~_- +f d 1~ 1 .~ _._,. ~ ,~ ;~ '~ o a I,~ 1 I G ~ a ]~~ ]~~:~~ wy' lr~f.j, ~ rr ~ ~ ~~ ~'~ `1 1 '` ~' ~' ~, '; I ,~ ~ ;~ .~ r , ~ t ~ 1 ~= ~ ' ~~ ~j ~ l~ ~ ~:~ ~ ~ ~ ~ I y fl _4-~-~~'_~_'_ -~` -` :~ s 1 1 L t. ~ 7. `s`, G t, <'_, ~rx~ I ~~~~~i ~$. ~i 1. !, ~~ . 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'~~1 ~ ~ r ~ II ~ t d ~ ~ ~ • • • i~ z~ ~~ e N: { %,' ., ~` 1 ~~ ~ ~~ 4~ %~ .~ -~ -~ -- ~ _..-.~~'~ ~-.i ~" .~, ~ ~ ~ ~ ~M-`' 1 r~ e ~ ~ A~ n I' ~` ~~ 1j~ ~~~ # i ~.-yt- ~ F + 11y i ~ i ' ~ ~ `1 y S1 ~ ~ °,~ W~ ~ ~+ TIL1I~ _---~1 ~ ~ s . . ~~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 5, 2005 SUBJECT: A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto; and, a request for a final review of a conditional use permit, pursuant to Section 1 ~-9G-3, Conditional Uses, Vail Tawn Code, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead circlelLot 1, Black 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson I, SUMIIAARY The applicant, Town of Vail, represented by Pylman & Associates, Inc., has submitted applications to allow far the construction of a Conference center located at the "charter 13us Lot" site adjacent to the Lionshead Parking Structure. Today's discussion will be a work session to allow the applicant and Winston Associates an opportunity to introduce the commission to the Conference Center 3D computer model. The Commission is not being asked to take any formal actions at this time. Staff is requesting that the Commission listen to the applicant's presentation, provide preliminary direction to the applicant and Staff, and then table these items to the commission's September 12, 2Q05, public hearing. II. BACKER©UND On June 13 and June 20, 2005, the Planning and Environmental Commission held a work session to discuss the proposed Conference Center project. Staff and the applicant provided an introduction to the project at these work sessions. On July 6, 2005, the Design Review Board conceptually reviewed the proposed Conference Center project. The applicant presented an overview of the Conference Center design. The Design Review Board was general favorable toward the proposed design. The Baard did note their concerns about the connection of the proposed Conference Center to the Lionshead Parking Structure, the need to upgrade the existing parking structure, the scale of the Conference Center's south elevation, the form and color of the proposed roof, the architectural treatment of the conference Center's west elevation, and the colors of the proposed wood and stone building materials. On July 11, 2005, the Planning and Environmental Commission held another work session to further discus the proposed Conference Center project. Staff and the applicant presented the Commission With additional information about the project. The following is a brief summary of the Commissioner comments about the proposal: • The perceived building heights of the building from the South Frontage Road and East Lionshead Circle are a concern. • The impact of the Conference Center's east driveway on the future redevelopment of the Vail International Condominiums is a concern. • The buffer on the east side of the Conference Center needs to be enhanced. • A 3D compy#er model of the project and surrounding buildings must be provided. • Parking is a significant problem in the Town of Vail today, and this project should not make conditions worse. The HVS parking analysis is not an unbiased report. • The proposed 125 Conference Center parking spaces are not adequate. • Additional parking information is needed. • The proposed Conference Center must be reviewed as a stand-alone project and should be reviewed in the same manner as a private development. • The funds provided by Vail Resorts should be used to create new public parking, not to off-set the costs of the Conference Center project. Traffic circulation and turning movements are still a concern. • The employee housing requirement should be met through spay-in-lieu program. • The applicant must provide employee generation projections. • The proposed Conference Center shouEd be designed and reviewed as an urban infll type projec#. ©n July 25, 2005, the Planning and Environmental Commission held another Work session to further discuss parking for the proposed Conference Center project. The applicant and representatives from HVS and FHU presented an ovellJlEW of the Conference Center parking analysis, In conclusion, the Commission determined that 125 parking spaces were not adequate for the proposed Conference Center and the Commission directed the applicant to comply With the parking standards prescribed by the Town of Vail zoning regulations. III. APPLICABLE PLANNING pOCUMENTS Staff has emphasized the parking related code excerpts with bald text. TITLE 12, Z©NING REGULATIONS, VAIL TOWN CODE Article 12-9C.• General Use (GU) Districf (irr part) 72-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-7-2 of this title and to provide for the public welfare. The genera! use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located acrd designed fo meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9G-5: DEVELOPMENT STANDARDS: A. Prescribed by Planning and Environmental Commission: In the genera) use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: • 1. Lof area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and sir`s development. 7. Parking and loading. 8. Reviewed by Planning and Environmental Cornrnission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 7fi of this title. 92-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining fo site development standards and the development of land in the genera! use district are found in chapter 94 of this title.. IV. DISCUSSION The purpose of today's discussion is to allow the applicant and Winston Associates an opportunity to introduce the Conference Center 3Q computer model to the Commission. Staff encourages the Commission to ask questions and provide the applicant and Staff with any preliminary direction concerning the bulk, mass, and exterior appearance of the proposed Conference Center, or any requests for additional information that will be necessary far the future final review of this proposal. • Staff and the applicant intend for today's discussion to be the East "work session" for the Conference Center proposal. Staff and the application anticipate the Commission will begin final review dfSCUSSIOns about the Conference Center proposal at its September 12, 20Q5, public hearing. V. STAFF REGOMMENGAT~ON As this is a work session, the Commission is not being asked to take any formal action at this time. Staff is requesting that the Commission listen to the applicant's presentation, provide preiirninary direction to the applicant and Staff, and then tab{e these items to the Commission's September 12, 2gQ5, public hearing. • 4