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HomeMy WebLinkAbout2014-0811 PEC TOWN OF VAft� PLANNING AND ENVIRONMENTAL COMMISSION August 11, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visit: None 60 minutes 1. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V (structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive/Parts of Lots M and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140014) Applicant: The Village Inn Plaza-Phase V Condominium Owners Association, represented by Steve Cady, Vice President Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: CONDITIONS: 2. A request for the review of a development plan, pursuant to Section 12-8E-6, Development Plan, Vail Town Code and a conditional use permit, pursuant to Section 12-8E-3, Conditional Use, Vail Town Code, to allow for the redevelopment of the Ski and Snowboard Vail Club Vail site with a new private and public club and multi-family residential dwelling units, located at 598 Vail Valley Drive/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140020, PEC140023) Applicant: Ski and Snowboard Club Vail, represented by Braun and Associates Planner: Jonathan Spence ACTION: Table to August 25, 2014 MOTION: SECOND: VOTE: 3. A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the re-subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140021) Applicant: Ski and Snowboard Club Vail and Vail Corporation, represented by Braun and Associates Planner: Jonathan Spence ACTION: Table to August 25, 2014 MOTION: SECOND: VOTE: 4. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Page 1 Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive/Unplatted, (Liftside/Cornerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Table to August 25, 2014 MOTION: SECOND: VOTE: 5. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130018) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: Withdrawn 6. A request for the review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive-up facility, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: Withdrawn 7. Approval of July 28, 2014 minutes MOTION: SECOND: VOTE: 8. Information Update 9. Adjournment MOTION: SECOND: VOTE: 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 Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. 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. Community Development Department Published August 8, 2014 in the Vail Daily. Page 2 TOWN OF VAft� PLANNING AND ENVIRONMENTAL COMMISSION August 11, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Henry Pratt John Rediker Dick Cleveland Pam Hopkins Michael Kurz Luke Cartin Webb Martin (arrived after tabling of items for information update) Site Visit: None 60 minutes 1. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V (structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive/Parts of Lots M and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140014) Applicant: The Village Inn Plaza-Phase V Condominium Owners Association, represented by Steve Cady, Vice President Planner: Jonathan Spence ACTION: Withdrawn Applicant withdrew application on Friday August 8, 2014. There was no discussion on this item. 2. A request for the review of a development plan, pursuant to Section 12-8E-6, Development Plan, Vail Town Code and a conditional use permit, pursuant to Section 12-8E-3, Conditional Use, Vail Town Code, to allow for the redevelopment of the Ski and Snowboard Vail Club Vail site with a new private and public club and multi-family residential dwelling units, located at 598 Vail Valley Drive/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140020, PEC140023) Applicant: Ski and Snowboard Club Vail, represented by Braun and Associates Planner: Jonathan Spence ACTION: Tabled to August 25, 2014 MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 3. A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the re-subdivision of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail, located at 460 and 598 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel, and Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC140021) Applicant: Ski and Snowboard Club Vail and Vail Corporation, represented by Braun and Associates Planner: Jonathan Spence ACTION: Tabled to August 25, 2014 MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 Page 1 4. A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow a revision to the approved development plan for the Cornerstone site to facilitate the construction of a tensioned membrane structure, located at 1300 Westhaven Drive/Unplatted, (Liftside/Cornerstone) and setting forth details in regard thereto. (PEC140019) Applicant: Charter Sports, represented by Braun & Associates Planner: Jonathan Spence ACTION: Tabled to August 25, 2014 MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 5. A request for the review of variances from Section 12-7D-9 Landscaping and Site Development Section 12-7D-10 Parking and Loading, Section 14-5-1, Minimum Standards and Section 14-5-2 Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, for relief from the minimum landscape requirement, the parking space dimensional requirement, the snow storage requirement and to allow parking in the front setback, to facilitate the construction of a freestanding building with associated parking, circulation and landscape improvements, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130018) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: Withdrawn 6. A request for the review of a conditional use permit, pursuant to Section 12-7D-2, Conditional Uses, Vail Town Code, to allow for a drive-up facility, located at 2171 North Frontage Road West (McDonald's)/Lot 2B, Vail Das Schone Filing 3, and setting forth details in regard thereto. (PEC130014) Applicant: McDonald's USA, LLC, represented by Robert Palmer Planner: Jonathan Spence ACTION: Withdrawn 7. Approval of July 28, 2014 minutes MOTION: Cartin SECOND: Cleveland VOTE: 5-0-0 8. Information Update Commissioner Kurz asked what action would occur with regard to the enforcement of occupancy requirements for Phase V of Vail Village Inn. Warren Campbell stated that staff would speak with the Town Attorney regarding follow up steps and actions. 9. Adjournment MOTION: Kurz SECOND: Hopkins VOTE: 6-0-0 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 Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional Page 2 information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 8, 2014 in the Vail Daily. Page 3 TOWN OF VAlt ' Memorandum To: Planning and Environmental Commission From Community Development Department Date: August 11, 2014 Subject: A request for a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V (structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive/Parts of Lots M and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140014) Applicant: The Village Inn Plaza-Phase V Condominium Owners Association, represented by Steve Cady, Vice President Planner: Jonathan Spence I. SUMMARY The applicant, Village Inn Plaza-Phase V Condominium Owners Association, represented by Steve Cady, Vice President, is requesting a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V (structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial, of the major amendment to Special Development District (SDD) No. 6, Vail Village Inn, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting that Ordinance No. 14, Series of 1987, be amended to delete Section 11 (Conditions of Approval), paragraph 6 related to residential occupancy restrictions. Specifically, paragraph 6 reads: Restrictions on any units in Phases IV or V which would be condominiumized shall be outlined in Section 17.26.075 of the Vail Municipal Code and any amendments thereto. An ordinance, generally containing the following, will be provided to the Town Council for first reading: Ordinance No. 14, Series of 1987, is hereby amended to delete Section 11, paragraph 6 related to residential occupancy restrictions, as illustrated: estrinfinno nn PY UP46 in D4aSec W OF V Whinh WGUld be GGPdGminiUMiZe Sh #be GU l Red 44 CSeG419P 47-..� .n`t�07wf Vag h4upiGipal Q9de Pd ani R4eP 4v eP S theFetG Referenced Code Section The code section referenced in the ordinance, Section 17.26.075 Condominium Conversions, (now known as Section 13-7-8. Restriction on Units Converted Prior to February 7, 1995) read as follows: 17.26.075 Condominium Conversion. There shall not be permitted any conversion of a lodge or accommodation unit within the Town to a condominium. Any accommodation unit within the Town which has been converted to a condominium or has received approval for a conversion prior to the effective date hereof shall comply with the require-ments of this Section. The requirements contained in this Section shall not apply to structures or building which contain two (2) units or less. A. The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County Clerk and Recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his unit shall be restrict-ed to twenty eight (28) days during the seasonal periods of December 24 through January 1 and Feb-ruary 1 through March 20. This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit Town of Vail Page 2 unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this Section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common ele-ments of the condominiums. All sums assessed against the owner for violation of the owner's per-sonal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the Clerk and Recorder of Eagle County, Colorado, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real prop-erty. The condominium association's failure to en- force the owner's personal use restriction shall give the Town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the Town enforces the restriction, the Town shall receive the funds collected as a result of such en-forcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fee incurred. 3. The Town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. 4. The converted lodge units shall not be used as per-manent residences. For the purposes of this Section, a person shall be presumed to be a permanent resi-dent if such person has resided in the unit for six (6) consecutive months notwithstanding from time to time during such six (6) month period the person may briefly dwell in other places. B. Any lodge located within the Town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. C. The converted condominium units shall remain available to the general tourist market. If unsold thirty (30) days after recording of Town of Vail Page 3 the condominium map, the unsold converted condominiums shall be required to be furnished and made available to the general tourist market within ninety(90) days after the date of recording of the condo-minium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. D. The common areas of any lodge with converted units shall remain common areas and be maintained in a man-ner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three (3) years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. F. Applicability:All conditions set forth within this Section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus twenty one (2 1) years. Conversion of accommodation units located within a lodge pursuant to this Section, shall be modified only by the written agree-ment of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council. (Ord.15 (1995) § 1: Ord. 1(1995) § 4. Ord. 21(1987) §§ 1-3. Ord. 2(1983) § 1) The applicant has provided a written description of their request, with attachments, dated April 4, 2014 and a response to this staff report, dated July 2, 2014, included as Attachment A. III. BACKGROUND General History of Special Development District No. 6 through 1988 Town of Vail Page 4 In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No.6, Vail Village Inn. The purpose of SDD No.6 is to assure the comprehensive development and use of an area of land in a manner that would be harmonious with the general character of the town, provide adequate open space and recreation amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the development which cannot be satisfied under the existing zoning. The following is a summary of the existing phases and development for the Vail Village Inn Special Development District (SDD No. 6): Phase I- This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. The original development plan for Phase I called for 16,128 square feet of commercial space, and no GRFA. The Alpenrose Restaurant is part of Phase 1. Phase 11- This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase 11 is generally located in the center of the District and includes the Claggett-Rey Gallery. Phase III- This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. Phase IV- This is the original, oldest and most recently redeveloped Phase in the District. This Phase (The Sebastian) consists of two residential dwelling units totaling approximately 6,827 square feet in size, one hundred accommodation units and forty-nine fractional fee units comprising approximately 97,788 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V- This Phase, completed in 1988, consists of eleven residential dwelling units and eight commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. This phase includes the La Botega restaurant. Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs) and 72,400 square feet of GRFA, devoted entirely to AUs in Phase IV. Town of Vail Page 5 Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. The amendment allowed Phase IV to be broken into two distinct and separate phases, which were called Phase IV and Phase V. This ordinance also set the maximum GRFA for the SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and 67,367 square feet of GRFA devoted to AUs in Phases IV and V. Specific Background Related to Request Final approval for what was known at the time as known at that time as Phase IV of Vail Village Inn, was granted by the Town Council in February of 1985. An 18-month extension of this approval was granted in January, 1987 for the plan with no changes to the development plan. In general terms, the approval of Phase IV involved the demolition of the existing hotel, Pancake House, and Food and Deli and to be constructed in its place were 175 accommodation units, approximately 16,000 square feet of retail space, and 324 underground parking spaces. The construction of this final phase was to have completed all development potential, as established by ordinance, for this property. In the spring of 1987, an application to amend the previous approval was made. Proposed amendments included: 1. The further division of this Phase into what is now referred to as Phase IV and Phase V. 2. Minor design changes to the proposed architecture. 3. Minor changes in site layout. 4. Revision to the approved parking plan. 5. Revisions related to the Colorado Ski Museum site/funding 6. Revisions to the number and GRFA of accommodation units (AU's) in Phase IV 7. Revisions to the approved development plan to allow dwelling units (DU's) On April 20, 1987, the Planning and Environmental Commission (PEC) recommended approval of the proposed revisions, with conditions, to the Vail Town Council. These revisions included a reduction in the number of required AU's in this Phase from 175 to 148, a corresponding reduction in GRFA devoted to AU's from 74,400 square feet to 67,367 square feet and the allowance of 14 DU's on the upper floors of the structure to be located at the northeast corner of Meadow and Drive and Vail Road. One of the conditions recommended was that the use of the units be restricted to non- primary residence and be part of a rental pool. On May 5, 1987, the Vail Town Council approved, on second reading, Ordinance No. 14, Series of 1987 that amended SDD No. 6. This Ordinance included the revisions to the project, as recommended by the PEC and also a restriction on the residential use of the DU's to mitigate the effects of reducing AU's and allowing DU's, a use previously not permitted within Phase IV. This restriction borrowed language from the Town Code, specifically Section 17.26.075. Town of Vail Page 6 Although this section of the code applies to the conversion of existing AU's to condominiums, the Council chose to utilize this language, in a different context, to maintain consistency with regard to residential occupancy restrictions within the Town. As required by the Town Code, the occupancy restrictions were written into the condominium declarations for the project and filed with the Eagle County Clerk and Recorder. All DU owners have been subject to this restriction since the building's development. Included for reference as Attachments B through F are the following: B. Ordinance No. 14, Series 1987, Amendments to SDD #6, the ordinance that included the condition related to occupancy C. PEC Memo from 4-20-1987 D. PEC Minutes from 4-20-1987 E. TC Minutes from 5-05-1987 First Reading of Ordinance No. 14, Series 1987 F. TC Minutes from 5-19-2013 Second Reading of Ordinance No. 14, Series 1987 At the applicant's request, this item has been previously tabled before the Planning and Environmental Commission at the June 23, 2014 and July 14, 2014 meetings. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY(in part) Section 12-1-2. Purpose. A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific. These regulations are intended to achieve the following more specific purposes. 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. Town of Vail Page 7 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT(in part) 12-9A-1: Purpose and Applicability: A. Purpose. The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the town, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts. hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-10: AMENDMENT PROCEDURES. B. Major Amendments. Town of Vail Page 8 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12- 9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. V. SURROUNDING LAND USES Land Uses Zoning North: Mixed Use SDD #21 (Gateway) South: Mixed Use Public Accommodation (Sonnenalp) East: Mixed Use SDD #6 West: Residential Public Accommodation VI. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. No physical changes to the structure are proposed as part of this application Staff finds the proposal does comply with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed amendments will result in a change in the allowable uses for the property through the removal of the residential occupancy restrictions. The removal of the occupancy restrictions may result in a decrease in the overall level of occupancy in the building and a corresponding negative effect on levels of activity previously attributed to it. Although the amendment may have negative impacts, it is not anticipated that the Town of Vail Page 9 proposed changes will result in a degradation of the compatible, efficient and workable relationship with surrounding uses and activities. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. No changes to the project's parking and loading requirements are proposed with this amendment. Staff finds the proposal complies with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail comprehensive plan and found the following documents and associated goals, objectives, statements applicable to this proposal. Vail Land Use Plan (in part) 1. General Growth/Development 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. 3. Commercial 3.3. Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 4. Village Core/Lionshead 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. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Town of Vail Page 10 5. Residential 5.1. Quality time share units should be accommodated to help keep occupancy rates up. Vail Village Master Plan (in part) V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.3_ Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1 : The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. VII. VAIL VILLAGE SUB-AREAS A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub-areas are delineated in this Plan. Sub-areas were determined based on a number of different considerations. Foremost among these were: • Design and site characteristics • Geographic or physical boundaries • Land uses and ownership patterns Town of Vail Page 11 Each of the ten sub-areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub-area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub-area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub-areas (which follow), provide detailed descriptions of each sub-area concept and express the relationship between the specific sub-area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub-area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub-area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub-area concepts. MIXED USE SUB-AREA (#1) �,; _ rr ... ROOF PeNNIN VEIL 1;i NfLA – i i 1 spl I.,-1- 1-7.', - 4 TJ 3-7.. 40 r,91 K03IU6:. G i O. .. ........ Af VEIL 4 y �wqa r Town of Vail Page 12 The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. The Vail Comprehensive Plan elements that speak to this site include the Vail Land Use Plan and the Vail Village Master Plan. Staff believes the proposed changes to occupancy restrictions are not supported by these adopted plans. Specifically, Objective 2.3 and Policy 2.3.1 under Goal #2 do not support the proposed removal of the occupancy restriction that could have the effect of decreasing short term housing options within the central core of Vail Village. Staff finds the proposal does not comply with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Special Development District No. 6, Vail Village Inn, is not located within any identified geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. No changes to the project's design features are proposed as part of this amendment. Staff finds the proposal complies with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The proposal does not include any changes to the pedestrian or vehicular circulation on or off site. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Town of Vail Page 13 The proposal does not include any changes to the landscaping or open space on the site as identified on the approved development plan. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The development of this Phase has been completed. Staff finds the proposal complies with this criterion. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. In consideration for the allowance of DU's in a phase of the development which, at that time, only allowed AU's, a restriction on occupancy was recommended by the PEC and ultimately included by the Town Council in the approval of Ordinance No. 14, Series of 1987. This occupancy restriction was intended as mitigation to offset the negative impacts associated with the development of DU's in contrast to the development of AU's. The decision makers at that time recognized the importance of short term housing to the strength and vitality of the Town of Vail. This importance has been carried through to the present and remains a consideration for the PEC and Town Council. Although many additional residential development have been approved and built since that time, the Town remains cognizant of the importance of encouraging, maintaining and requiring, (through zoning), short term housing options. In its proposal to remove the mitigation required for the development of the DU's and not proposing any measures in its place, the applicant is relying, in part, on the development that has occurred in the intervening years as a rationale. Although many AU's (and DU's) have been developed in the years since 1987, the importance of short term housing and indeed the policy of maintaining short term housing has not changed. Short term housing options and their corresponding level of occupancy provide the necessary economic driver to support many of the other uses found today within the Town of Vail and specifically within Vail Village. The policy of supporting short term housing or live beds is evident throughout the Town of Vail's planning and regulatory framework. Examples include: • The Lionshead Master Plan which states: "Applications for new development or redevelopment which maintain, preserve and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not." Town of Vail Page 14 • The requirement of a Conditional Use Permit for the Timeshare or a fractional fee club with a requirement that if it is in the context of a redevelopment of an existing facility, an equivalency of existing accommodation units must be met; and • The lack of regulations pertaining to vacation home rentals, thereby encouraging the use of private homes for short term rentals. Staff has identified no compelling reasons, based on the application and the adopted plans and policies of the Town, to support the proposal that could have the effect of decreasing short term housing options within the central core of Vail Village. Staff has identified no benefits to the town that outweigh the adverse effects of the proposed modification to the terms of the SDD. Staff finds the proposal does not comply with this criterion. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial, to the Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V (structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive (Vail Village Inn Phase V.) /Lot M and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140014) Staff's recommendation is based upon the review of the criteria described in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to amend the condominium use requirements and restrictions for Phase V(structure at the northeast corner of the intersection of Vail Road and East Meadow Drive), located at 100 East Meadow Drive (Vail Village Inn Phase V.)/Lot M and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140014) " Town of Vail Page 15 Should the Planning and Environmental Commission choose to forward a recommendation of denial, for this request, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section Vll this Staff memorandum to the Planning and Environmental Commission dated June 23, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds. 1. That the special development district amendment does not comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has not been achieved. 2. That the special development district amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is not compatible with the development objectives of the town, and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the special development district amendment does not promote the health, safety, morals, and general welfare of the town and does not promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VIII. ATTACHMENTS A. Applicant's Response to 07-14-2014 Staff Report and Written Statement dated April 4, 2014, with Attachments B. Ordinance No. 14, Series 1987, Amendments to SDD #6, the ordinance that included the condition related to occupancy C. PEC Memo from 4-20-1987 D. PEC Minutes from 4-20-1987 E. TC Minutes from 5-05-1987 First Reading of Ordinance No. 14, Series 1987 F. TC Minutes from 5-19-2013 Second Reading of Ordinance No. 14, Series 1987 G. Email of support for application, Samuel S. Griffin, 111 06-18-2014 H. Email of support for application, Monika Oberlorh, 06-18-2014 I. Email of support for application, Steve Cady, 06-17-2014 J. Email of support for application, Richard Liebhaber, 06-17-2014 Town of Vail Page 16 K. Email of support for application, David Bruckmann , 06-16-2014 L. Vicinity Map Town of Vail Page 17 Attachment A ALDRICH LAW FIRM, LLC ATTORNEYS 601A 281/4 Road Grand Junction, Colorado 81506 (970)245-7950 (970)245-0664 (fax) FREDERICK G.ALDRICH faldrich@aldrich-law.co m July 2, 2014 Planning and Environmental Commission Town of Vail c/o Jonathan Spence Via email: isspence2vailgov.com Re: PEC File 140014 Application of Village Inn Plaza-Phase V Association Amended Ordinance 14, Series of 1987 Dear Members of the Planning and Environmental Commission: Applicant Village Inn Plaza-Phase V Association (Association) is requesting the deletion of paragraph 6, section 11 of Ordinance 14, Series of 1987 (sometimes referred to as the "1987 Ordinance"). The proposed deletion consists of the following: Restrictions on any units in Phases IV or V which would be condominiumized shall be as outlined in Section 17.26.075 [now Section 13-7-8] of the Vail Municipal Code and any amendments thereto. The purpose of this Application, made at the suggestion of the Town's counsel, is to avoid litigation with the Town of Vail over the legal enforceability of 13-7-8 as applied to Phase V. On June 23, 2014, the Community Development Department issued its Staff Report recommending denial of the Application. Staff concluded the Application met every criteria of Section 12-9A-8 except conformity with the Vail Master Plan. Staff's concern was that the Application was not in conformity with Goals 91 and 92 of the Master Plan as applied to the Sub-Area comprising the Village Inn Plaza development. Applicant submits that the Application does conform to the Master Plan for the reasons described herein Goal 91 provides in pertinent part: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Goal 92 provides in pertinent part: GOAL 42 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Goal #1 recites the general need for compliance with Town policies for development. Goal 92 encourages development of accommodation units (AU), which is more specific to the Application before the PEC. The Master Plan analyzes the application of the Goals according to 10 Sub-Areas of the Town. This is what the Master Plan generally states regarding applying the Goals to the various Sub-Areas: A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to the opportunities and constraints that may exist on a site specific basis. To facilitate long range planning unique to each area of the Village, ten different sub-areas are delineated in this Plan. Sub-areas were determined based on a number of different considerations. Foremost among these were: • design and site characteristics • geographic or physical boundaries • land uses and ownership patterns Each of the ten sub-areas have been evaluated relative to the overall goals, objectives, and policies outlined for Vail Village. The potential improvement projects, referred to as sub-area concepts, which have emerged from this evaluation are graphically represented on the Action Plan. These sub-area concepts are physical improvements intended to reinforce the desired physical form of the Village as outlined in the various elements of the Master Plan. The 10 sub-areas (which follow), provide detailed descriptions of each sub-area concept and express the relationship between the specific sub-area concepts and the overall Plan. The applicable goals and objectives are cited for each of the sub area concepts at the end of each description under "special emphasis." The sub-area concepts described in this Section are meant to serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. Compliance with the sub-area concepts does not assure development approval by the Town. It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. The Urban Design Guide Plan includes additional design detail that is to be used in conjunction with the Vail Village Master Plan sub-area concepts. Emphasis added. The Master Plan is explicit that the application of the Goals to the Sub-Areas for future planning purposes is intended to be advisory -not mandatory -requiring the application of common sense to current conditions. Compliance does not mean approval and non-compliance does not necessarily warrant denial. Village Inn Plaza is located within Sub-Area 1 and specifically Sub-Area #1-1. Here is how the Master Plan addresses Village Inn Plaza: A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the sub-area "built out". #1-1 Vail Village Inn Final phase of Vail Village Inn project to be completed as established by development plan for SDD #6. Commercial development at ground level to frame interior plaza with greenspace. Mass of buildings shall "step up" from existing pedestrian-scale along Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive to maintaining view corridor from 4-way stop to Vail Mountain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1,5.1, 6.1. The application of the Goals to Sub-Area 1.1 depended on a "significant increase" in the overnight bed space occurring with the development of the final phase of the Village Inn Plaza project. Stated another way, satisfaction of the AU Goals for Village Inn Plaza was dependent on the future demolition and redevelopment of what is known as Phase IV. In this context, the following development history becomes important: • 1976 - Village Inn Plaza was established as Special development District 6 (SDD 6). It was approved for a density of 100,000 GRFA with over half of the GRFA being devoted to AU. No specific number of GRFA had to be devoted to AU. No occupancy restriction was imposed. When SDD 6 was created, the area comprising SDD 6 contained only one building, the Vail Village Inn Hotel (VVI), located on what became known as Phase IV. • 1985 —The Town amends SDD 6 to allow for the demolition and reconstruction of VVI as a single project known as Phase IV. By this time, Phases I, II and III were built. The 1985 amendment increased total GRFA to 120,600 and required 72,400 GRFA be devoted to AU with at least 175 AU units. At the Town Council meeting approving this amendment, counsel for developer (Jay Peterson) stated the project would consist of "condominiumized hotel rooms." Yet, no occupancy restrictions were imposed. This project was not built. • 1987 — The Town amends SDD 6 to allow construction of Phase IV in several phases instead of a single project. Phases IV and V are now recognized. Total GRFA remains at 120,600. However, total GRFA devoted to AU is reduced to 67,367 and the number of AU units is reduced to 148. The project under review was a much smaller structure at the intersection of East Meadow Drive and Vail Road; nothing of the size or scale of the redevelopment of Phase IV proposed two years before. Apparently concerned with potential loss of AU from Phase IV considering the plans for Phase IV had not yet been prepared; the PEC sought a limitation on use of the proposed new units as "primary residences." The Town Council then approved the 1987 Ordinance including paragraph 6, Section 11 quoted above that applied to all condominium units in both Phases IV and V. This is the first and only time that any occupancy restriction was required within SDD 6. Phase V was built with 8 commercial and 11 residential units. • 2004— SDD 6 was amended for the last time (by Ordinance 16, Series of 2004) to allow for the last phase of development on Phase IV consisting of the demolition of VVI and the construction of the new Vail Plaza Hotel now known as The Sebastian. Density was altered significantly. AU units were decreased to 100 and the project was approved for 50 fractional, 18 employee and I dwelling unit. No residential restriction was required. The approval and physical re-development of Phase IV occurred after the writing of the Master Plan's statement of Goals for Sub-Area 1. The approval and re-development of Phase IV according to Ordinance 16, Series of 2004 rewrote the AU requirements for SDD 6 and satisfied the objectives and policies of Goal 2 as stated in the Master Plan by substantially increasing AU and the short term "overnight bed base." Additionally, it can be concluded that it satisfied previous SDD 6 AU criteria by (a) decreasing the AU requirements from 148 to 100 units and (b) providing a combined 150 short term occupancy units when one includes fractional with AU units. The Association submits that its Application meets all of the criteria of Section 12-9A-8 including compliance with the Town's Master Plan. It is clear from the applicable ordinances and staff comments that the redevelopment of Phase IV was expected to satisfy the requirements for AU in SDD 6. Phase V was developed as an interim project carved out of the then existing Phase IV. The restriction on primary residences referenced in the 1987 Ordinance came from PEC concerns with what might happen to Phase IV. That concern has now been addressed and finalized with the development of the Sebastian on Phase IV in light of the AU Goals of the Master Plan. The Association also asks that you consider the inherent and significant problems with enforcement of paragraph 6, Section 11 and the Condominium Conversion Ordinance. Some of these problems are outlined as follows: • Paragraph 6, Section 11 only refers to restrictions "as outlined" in 17.26.075. No terms of the Condominium Conversion Ordinance are incorporated into the 1987 Ordinance meaning the Town would have to rely on the terms of the Condominium Conversion Ordinance to enforce any restriction. The 1987 Ordinance cannot be enforced on its own. • Section 13-8-7 [formerly 17.26.075] is, by its terms, only applicable to "condominium conversions." The stated intent of the Condominium Conversion Ordinance and the definition of"condominium conversions" in that Ordinance exclude new developments such as Phase V. Phase V is not the type of project intended for the Condominium Conversion Ordinance. • The scheme of enforcement of 13-8-7 is by (a) requiring a covenant to be inserted in a condominium conversion declaration to restrict periods of occupancy and (b) the enforcement of that covenant by penalties equal to three times market rent. Enforcement of a covenant involves the Colorado Recording Act and whether the covenant provides record notice. The inconsistencies between the intent and definitions of the Condominium Conversion Ordinance and the nature of Phase V suggest there can be no record notice. • In 1992, Colorado adopted the Colorado Common Interest Ownership Act (CCIOA) as a comprehensive act governing common interest communities such as condominiums. CCIOA prohibits discriminatory ordinances against condominiums. The 1987 Ordinance unlawfully discriminates against Phase V by the imposition of occupancy restrictions not imposed on physically identical projects. • CCIOA also provides that only an association can make common expense assessments. The Condominium Conversion Ordinance gives the Town the power to assess a penalty equal to three times market rent for violators. Not only are penalties not a common expense assessment, the Town of Vail has no power to assess them under CCIOA. • CCIOA prohibits an association from assessing fines without providing for due process. The Condominium Conversion Ordinance imposes fines without any due process. • The 1987 Ordinance is specific to "any units" that may be condominiumized. No distinction is made between commercial and residential units. The Town is an owner of commercial Unit 2 in Phase V. Read literally, the 1987 Ordinance requires all commercial units in Phase V to be placed in a rental pool no different than residential units, including the Town's Unit 2. • In 2010, the Town's Community Development Department researched and informed a Phase V owner that the Condominium Conversion Ordinance was not intended to apply to Phase V. The goal of the Association is to bypass an unneeded and unproductive dispute with the Town over the application of paragraph 6, Section 11 of the 1987 Ordinance to Phase V taking into account that the AU needs of the Master Plan have been met and the 1987 Ordinance has serous, inherent enforcement problems. The Association believes its Application will achieve mutually beneficial goals with no sacrifice to the Town's policies or the Master Plan. Thank you for your courtesies in considering this letter. Very truly yours, ALDRICH LAW FIRM, LLC TYe�ench G. A*Ich Frederick G. Aldrich FGA:dI,--r I i APPLICANT'S WRITTEN STATEMENT The Village Inn Plaza-Phase V Condominium Owners Association (Association) submits this Statement in support of its Application for Special Development Review by the Planning and Environmental Commission(Application)to amend Vail Ordinance 14, Series 1987 (1987 Ordinance). This Statement describes the requested amendment as simply removing certain language,provides historical information and context supporting the Application and explains how the Application complies with Vail Ordinance Section 12-9A-8. SUMMARY OF REQUESTED AMENDMENT The Association requests that the 1987 Ordinance be amended to delete Section 11,paragraph 6 therefrom. Section 11,paragraph 6 refers to Vail Ordinance Section 17.26.075 (now known as Section 13-7-8) (hereafter"Section 17.26.075")governing the requirements of converting existing lodge and accommodation units to condominiums. Removal of Section 11,paragraph 6 is appropriate to: • Resolve uncertainty for the Town of Vail, the Association and unit owners as to whether Section 17.27.075 applies to Phase V of the Village Inn Plaza complex; • Avoid conflict with Colorado law; and, • Preserve property values without sacrificing the policy behind Section 17.26.075 HISTORICAL INFORMATION AND CONTEXT OF APPLICATION The Town of Vail created Special Development District 6 (SDD 6) on March 16, 1976 in the core of Vail Village' at the northeast corner of the intersection of Vail Road and East Meadow Drive. SDD 6 permitted development of what is now known as Village Inn Plaza in four phases. Phases I, II and III were built within a few years following adoption of SDD 62. The Town amended SDD 6 by Ordinance 1, Series of 1985 in February 1985,permitting changes to Phase IV in contemplation of the demolition of Vail Village Inn and the construction of a new hotel. Vail Village Inn was later demolished in 2005 and replaced with a new and substantially larger structure now known as The Sebastian Hotel. The Town amended SDD 6 a second time on May 19, 1987 by the 1987 Ordinance. This amendment divided Phase IV into two parcels forming a new Phase V. The amendment provided that the Town of Vail receive a 3,986 square foot condominium unit. Included in this amendment is Section 11,paragraph 6, stating: "Restrictions on any units in Phases IV or V 'Lot M and parts of Lots N,O and P,Block 5-D,Vail Village,First Filing,Town of Vail 2 Phase IV was already improved with the Vail Village Inn hotel when SDD 6 was adopted. which would be condominiumized shall be as outlined in Section 17.26.0 75 of the Vail Municipal Code and any amendments thereto." Emphasis added. Section 17.26.075 was intended to preserve the available number of seasonal rental units against loss due to conversion of lodge and accommodation units to condominiums and their sale into private ownership. Thus, Section 17.26.075 requires that existing lodge and accommodation units converted to condominiums participate in seasonal rental pools or face severe penalties3. Phase V was constructed in 1987 and 1988 as a new condominium building. No lodge or accommodation units were converted to condominium units nor was the existing pool of rentals depleted. The Phase V is a 19 unit, mixed-use condominium. Eight units are designated for commercial uses and the remaining eleven units are designated for residential uses. The Phase V Condominium Declaration included a section entitled"Town of Vail Restrictions on Use" (hereafter"Restrictions on Use"). The Restrictions on Use are stated to be "pursuant to"Section 17.26.075 and include verbatim portions of this ordinance. The Restrictions on Use, specifically derived from Section 17.26.075, are vague and ambiguous because Phase V was not a "condominium conversion"as defined by Section 17.26.075 and as that term is commonly understood. Joseph Staufer executed the Declaration for the developer,Vail Village Inn, Inc. (VVI). Mr. Staufer created the Association and served as a Board member and officer through 2009. Mr. Staufer also managed the Phase V property from its construction through September 2011. As the owner of VVI and Staufer Commercial, LLC, Mr. Staufer owned and controlled all of the commercial units except unit 2 owned by the Town of Vail. For 25 years,Mr. Staufer(as well as the other Board members and owners including the Town of Vail)disregarded the Restrictions on Use and Section 17.26.075. However, in April 2013, Mr. Staufer unexpectedly insisted the Town of Vail investigate and enforce the Restrictions on Use pursuant to the SDD 6 ordinances against certain residential owners who opposed a lawsuit brought by his tenant. That demand led to this Application. The fact that Phase V is not a condominium conversion,taken together with actions and statements attributed to Mr. Staufer, a written opinion expressed by a Town of Vail officia14 and 25 years of total disregard of the Restrictions on Use and Section 17.26.075, led residential unit owners to purchase and use their units in the reasonable and justifiable assumption that the Restrictions on Use and Section 17.26.075 did not apply to Phase V or were not enforceable. The threat of enforcement precipitated by Mr. Staufer's demand now creates a cloud on each residential owner's title diminishing the value of their respective units. 3 Three rimes the daily market rental rate,liens and foreclosure. 4 Opinion from Bill Gibson,AlCP,Town Planner,Town of Vail dated September 16,2010 Since the creation of Phase V, Colorado's condominium laws have changed with the adoption of the Colorado Common Interest Ownership Act in 1992 (CCIOA)to establish a"clear, comprehensive and uniform law for common interest communities."5 No penalties of the type contained in the Restrictions on Use and Section 17.26.075 are permitted under CCIOA. And only an"association"can assess a fine under conditions and subject to due process requirements established by CCIOA. The penalty provisions of the Restrictions on Use and Section 17.26.075 directly conflict with CCIOA and are likely invalid. In the past 26 years,the Vail community has experienced a significant growth in the number of available accommodation units because of the construction or expansion of projects such as: Manor Vail(renovated and expanded,vertically) Golden Peak(new construction) Tivoli Lodge(renovated) Mountain Chalets (new construction) Solaris(tear down,new construction and expanded) One Willow(tear-down,new construction and expanded) The Willows(tear-down,new construction) Bishop Park(new construction) Sonnenalp Hotel(tear down,new construction and expanded) The Sebastian(tear down,new construction and expanded) Gateway(new construction) Four Seasons(tear down,new construction and expanded Arabelle (tear down,new construction and expanded) Landmark(renovated) Ritz Carlton(new construction) EverVail (general concept approved) The need for accommodation units that existed in 1987 has clearly changed in favor of the availability of many more such units. Although the increase in accommodation units may not eliminate the policy underlying Section 17.26.075,the policy is not served by the enforcement of Section 17.26.075 against a project that was never a condominium conversion in the first instance. The Association seeks to remove the cloud now on the title of the Phase V residential owners' units because of the potential for enforcement of Section 17.26.075 by the Town of Vail under the 1987 Ordinance notwithstanding the fact that Phase V is not a condominium conversion and notwithstanding the fact that the policy underlying Section 17.26.075 was never subverted. The approval of the Application will avoid a continuing controversy and uncertainly and the potential for legal action to protect property rights and values. 5 Section 38-33.3-102(1)(a),C.R.S. ORDINANCE 12-9A-8 CRITERIA Vail Ordinance Section 12-9A-8 establishes the criteria for an amendment to a special development district. It is the responsibility of the Association to demonstrate that submittal material comply with each of the design standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The Association addresses each criteria as follow: Compatibility:Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. RESPONSE: The Application does not seek a physical change to the architectural design, scale, bulk,building height,buffer zones, identity, character,visual integrity and orientation, size, location, density, set back or appearance of any structure or improvement within SDD 6. The Application is compatible with the established immediate environment,neighborhood and adjacent properties. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. RESPONSE: The Application will benefit the continued compatible,efficient and workable relationship with surrounding uses and activities since the Application(i)does not seek any change in uses,activities and density of SDD 6 or surrounding properties and(ii)will resolve ambiguities in the application and enforcement of the condominium conversion ordinance to residential units within Phase V. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. RESPONSE: Parking and loading are provided for in the SDD 6 development plans and ordinances. The Application does not seek any change to existing parking or loading requirements or uses. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. RESPONSE: To the extent that accommodations units are addressed in the comprehensive plan, the Association submits that the amendment to the 1987 Ordinance sought by the Application will have little or no impact to available accommodation units because of the significant expansion of available accommodation units since construction of Phase V and the very small number of residential units in Phase V. The amendment to the 1987 Ordinance sought by the Application only makes it optional for a residential unit owner to place his or her unit in the rental pool. Natural and/or Geologic Hazard:Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. RESPONSE: There are no natural or geologic hazards involved in the Application. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. RESPONSE: As noted above,the Application does not seek any change to any design feature, or site plan,building design or location or open space provisions of any aspect of SDD 6 or surrounding properties. Traffic:A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. RESPONSE: There are no proposed or intended changes to existing circulation system for vehicles or pedestrians in Phase V, SDD 6 or surrounding properties. Landscaping:Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. RESPONSE: There are no proposed or intended changes to existing landscape features or open space areas in Phase V, SDD 6 or surrounding properties. Workable Plan:Phasing plan or subdivision plan that will maintain a workable,functional and efficient relationship throughout the development of the special development district. RESPONSE: Phase V, SDD 6 and the surrounding properties are all developed and established projects. There is no need or plan for phasing the amendment to the 1987 Ordinance requested by the Application. APPENDICES The Application includes Appendices regarding adjoining property and a sample title insurance policy reflecting typical title information that would apply to each unit in Phase V with the exception of variation in the owner name,unit description and the owner financing. i i CONCLUSIONS Section 12-9A-8 standards are primarily addressed to physical changes or changes to the use of property in order to establish or to modify a special development district. The Application is addressed,however,to changes to the 1987 Ordinance that do not involve physical changes to SDD 6,Phase V or surrounding properties or changes in the physical uses thereof The Application is therefore compatible with existing,established adjacent uses and has no adverse impact to the owners and occupants of SDD 6,Phase V or the surrounding properties. In addition,the Application has the benefit of resolving present uncertainty and controversy over the applicability and enforceability of Section 17.26.075 to Phase V and would therefore promote the health, safety,morals, and general welfare of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. LEGAL QUALIFICATION The submission of the Application and this Statement including the information contained therein is not intended and should not be construed as an admission by or limitation on the Association or any owner in Phase V to contest, oppose or seek a judicial determination as to the application or enforceability of Section 17.26.075, the 1987 Ordinance or the Restrictions on Use to any unit in Phase V. The Association reserves the right to amend, supplement,terminate or withdraw this Application at any time. Y ti .at R ' Ir r. a a LU flf it, o r s ! Mott, e r w I T--7 4 4µ* a n I aN N-;4- 17.26.075 Condominium Conversion i Any applicant seeking to convert any accocettodation unit within the town shall comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. A. 'ilU' Y1'kill il•-'I!:i'•Iltt; C1:•: trAct it,-roia cClI1t:1SM"i 1 1,u iur.111duct .ill Lill: condul:li Ili ttut dl'.c1a!•aL:lon for the project, and Ti.lcd of rc:c:ur<l with Lhe 1:.Lgli: Cuuhty clerk and recorder. The conciomi.ni.uin un.iis crr.;lted :;hs]1 rr1:!;lit1 in the short Lerm rental market to be Ls,mllov;try accol;;--n >dations avai.11►ble to the Ulleral public. 1. An owner's personal use of his unit shall be restricted to fourteen days (wring the seasonal periods of December 15th tttl•ough April 15th and fourteen days during ,June 15th through SeNicrmber 15th. This; seasonal period is hereinafter referred to as "high Season." "Owner's pe'rsolial use" shall be defined as owner oc.ctlpalley of a unit or nonpaying l;ucst of tile owner or tul:iltl; the unit u:tf the rental market during the seasonal periods rc:fr.rrod to herein for any reason other than necessary repairs ll•Ilich r_annot: be postponed or n;hicll ,;tale the unit unrentable. Occul,:utcy of a unit by a :I.odl;e Inanal;er or sLaff ampl.oyod by the lodge., hrnecvai', shall not be r.m-tricted by ttli,; ec:ticn. 2. A vin1at.:iun of the c,lvner's; use restriet.i.on by a knit ca,r.er :31,1111. :;ub;Jc:rt the c,tt'ner to it d;tily a;,:;essmC, rate Ly 1:110 colldamirtiu:n ,",%;r : !1Uon of three time:; it rate coli::idc,rcd i.o bca a rc�asoltah'ic dxi.ly rouLal. tate3 ;•o,• tile unit ;Lt the 1 iutci v.t the. vi.olaLiou, whi c:1, tchc!it paid ::}ta'l'l be Qrpn::i tcd In I'lle ;:vllcra 1 ful)(h; of the culidclrt:init:m n::,<:c>i;.::lt.iuu 161• ts:;c in u;l ;: ::c1:nl; an(j rr°pui.l:ul; t.11c c•omillou olt-vients of, Lhl co ndurni It'i t:al:. Al 7 -35- i the owner for'vi.o:l.aticn, of th(' O}yp(?)'':i I)@)'s(lIinl use: ti on iced unpai c] shall car,st i to l:c :+ 1is�n 1'or the bone- fit of the 'con donri.11 i III,, ,;ssocial.ion on tl' otvnr_•r':i unit, }ehi.ch lien shall I+e (.-Vicicnce:d by ivrittoli notice placed of record in tl.,e of-ficc of tll(. clout and recorder Of Lag]e County*, Colox•nrto, :+nd uh i ch Wray b(' ca]]coed by Iol'evA()sure, on an owner's condo- illill{1310 un:i.t by the ca:;:cuci.ation in like inanpor " a mortgage or dc:c•d oi i.rust on rera.l Property. nin condominium association's taiaur(: to on.forcc: tl:c owner's pur.sonal ur.,e ro;;irict.ion steal] iS:i+'e i.lcs: town the riCht to enforce t.hc: rc:e;triou 1)y i:lae Provided i'or l:crelindcr. If the town c•utu)ce:; 1.lie rr::;s.rict.ion, the town :cl1:01 ruccivo the fluid:; eu.l.lcclocl a rc5u.it or :;uc:!i c:uforcc:nlc:ui.• .'in the cvc•nl, litigation :.nsuJ.t;, :[reni 1.hu c:rr3.o1*crN1u:,)t c,f the restr:ic:tion, as part of JLs reword to Lite prevailing party, the court sha11 a+vaa•d such party its courL costs Lc lm..Icher with reatiaiiable attorney's .tees incurred. 3. The Town shall have the r.i,;ht. to require from tiie coltcio- mitaiun, ,assoc IaLion All annual. report of otvliur's personal use durilig the high seasons i•o)' tl.l cunverl.c:d condominium units. 13. Any lodge located within Lim- To::i, which h.cs con crted accano- daLion units to ucndomi.niuns (;11:111 cCurLinste to pravt(tc: (;Il, mI ]odl;o �aci.l.i.Li.es and •::;c:rvi.ces inal.u(kiIt" % cu::t.omar, program. a a . w _36_ C. Tije, ronverLed cowtorai.nium unila s1la.11 remain available Lo tll(1 g,annral tourtst market. This condition MAY be tnet l,y :inc.lur;ion of I;hc unit::; u! I:he c:)ndntni ni.um Project, at comparable rates, in any lur.:.tl reservation syStCml for the rental ox ludg-e; or condominiu[n units in Lhe Town. U. The common area.:: of any lodge with converted uni-,.3 shall .remain collnnon areas and he nlanintainerl in a. manner consistent with i-Ls previous cbaa•acter. Any changes, alterations or renovations made to comwou areas shall not. diminish 1.110 size or quali.t J, of the cowtnon areas. E. Any sccolmnod;tLiou units Lhat Esc>re ul.-ilized to Provide housing; Tor emj,auyea at a„y L.inte during; the: I.111'c:�. yciu.'s Prc:vi_OlIs to tho dais• of the apPl i.catJon shall remain as uuit::a for such durstiou as clay be required by I:hr. Planning; and Environmental Cnmtnission or the 'Town Counci.l.. F. ApP:lic:abil.jty: All conditions sal. forth VALIAn this section sltal•1 be mado hi.uding, on the a.ppl.].cant, the ;alecessors, -ha:iru, personal rc:presr,ul:ativc,; alrcl s :i.flns :c;:u .;L propul-Lv which is Lhe: SLLIJ.jC:et 01 t•itt! 'Lj,I,Lie.ILi(,n 1'v: tho life) of Lac Survivor, of the j�ru�sual. '1,,f"In Cnunr,il Vlus 1A.Ca11-y-c,nct years. C„uvrtr- Sion Of u10.1-:; ioC:r.LC•(i vli.Lllin a icj;l;;c ifur:-;uant to tati.a :;c:cti.un, hall be m:�cli.1'irx] C))ljy I)y t.hc v;r.i cLcn u.;.;rvatrcllt of the `Pu1vn Council iwul tho owlien• or owners of (.11c: u11.iLs which lave l,oull couverEod illto condomi.niumn. •Th^ de;r.umelnt.:; c:rcaY.inl; and g;•ow-l"ling ally datiun u1[i t; Which lut:•; been convc:rttrrl i.ul•o a aanclomi.rli.um modi.•fi.rrl by Ow wwners of s:uch nniLti nnlY v;iL11 I.hc; Prior wri.Lt.oll approval ol- Lbr: 'Town Couuc.i.a . -31- r G. hrUC(iCIU)'l: 1'hc conversion of an aCeoM :odaLl.un unit in an c .isti.n.- beige r>lta.l.l be ac:co:npli.s..!:ed pu.rivant to the subdivision rovic:v i,roeess. Tho applicant slu01 provide the fo:Llowinl docunu-ntation to the Town at: the time of the: application to convert accoeunodation units l.orated Lit a :Loch e to con(lomi.nium uni.Ls: 1 . Proor of u,:ncrship; 2. Si.Lc i)Iventor}' for 'the property indicating in detail Lhc: act:axl 1 ocat.i-on of any anteniti.es ::ex�ing the 1 odge; :3. A:ff:iclavit of sol-Vir.cs pro%•idcad ns is called for in sub- parngra:ph 2 a.bcwo, d. Des.it nat:i[ui an4 dc,!�:cription c)f al7 ee un its , ;,. h1 an u f LS to be made: t o t;hc:• propc�rt.y along jai th cst:i�a^t.('ci rust t.hr.rcf.ai• (Ord 28, 1982) 17.26.080 Action on preliminary map A. At the hearing on the preliminary :nap, the planning commission shall consider whether the proposed conversion is consistent with the following housing goais of the town: 1 . To encourage continuation of social and economic diversity in tlIe town through a variety of housing types; 2. To expand the supply of decent housing for low and moderate income families, 3. To achieve greater economic balance for the town by increasing the nuiiber of jobs and the supply of housing for people ciho will hold them. 13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO FEBRUARY 7, 1995: 1. Image Not Available "TYPE=PICT;ALT=link" YPE=PICT;ALT=link" A. Compliance: Any accommodation unit within the town which has been converted to a condominium or has received approval for a conversion prior to the effective date of February 7, 1995, shall comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two (2)units or less. B. Use By Owner/Renter: The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County clerk and recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his or her unit shall be restricted to twen . eight(28) days during the seasonal periods of December 24 through January 1 and February 1 through March 20. This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Eagle County, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney fees incurred. 3. The town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. 4. The converted lodge units shall not be used as permanent residences. For the purposes of this section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six (6) consecutive months notwithstanding from time to time during such six (6) month period the person may briefly dwell in other places. C. Converted Lodge Retains Customary Facilities: Any lodge located within the town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. D. Unsold Condominiums Rented: The converted condominium units shall remain available to the general tourist market. If unsold thirty(30) days after recording of the condominium map, the unsold converted condominiums shall be required to be furnished and made available to the general tourist market within ninety(90) days after the date of recording of the condominium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates in any local reservation system for the rental of lodge or condominium units in the town. E. Common Areas Remain: The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. F. Employee Housing: Any accommodation units that were utilized to provide housing; for employees at any time during the three (3)years previous to the date of the application shall remain as employee units for such duration as may be required by the planning and environmental commission or the town council. G. Applicability: All conditions set forth within this section shall be made binding on n the applicant, the applicant's successors, heirs,personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present town council plus twenty one (2 1)years. Conversion of accommodation units located within a lodge pursuant to this section, shall be modified only by the written agreement of the town council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the town council. (Ord. 29(2005) § 62: Ord. 5(2000) § 1: Ord. 15(1995) § 1: Ord. 1(1995) § 4: Ord. 21(1987) §§ 1 3: Ord. 2(1983) § 1) Amanda Bradley ripe 1)-It-cr � From: Bill Gibson Sent: Thursday, September 16, 2010 8:18 PM To: 'DPKB' Subject: RE: Village Inn Plaza Phase V Condominiums Hey David, The language in your HOA documents appear to reference regulations found in Section 13-7-8; Restrictions on Units Converted Prior to February 7, 1995; Vail Town Code. These provisions of the Town Code address previous accommodation units (i.e. hotel rooms) that were converted into condominium units. There is historical documentation in the Town's archives of a previous redevelopment proposal for"phase V' at the Vail Village Inn. This unbuilt "phase v" redevelopment was not the existing Village Inn Plaza Phase V Condominiums. Instead,this historic phase v proposal involved the redevelopment of the former hotel on the existing Sebastian Hotel (formerly Vail Plaza Hotel)site. The construction of the existing Village Inn Plaza Phase V Condominiums did not involve the conversion of accommodation units to condominium units. Therefore, the provisions of Section 13-7-8,Vail Town Code, do not apply to the existing Village Inn Plaza Phase V Condominiums properties. Sincerely, Bill EXHIBIT t From: DPKB [mailto:dpkb @msn.comj Sent: Thursday, September 02, 2010 3:05 AM To: Bill Gibson Subject: Fw: Village Inn Plaza Phase V Condominiums Bill, This issue seemed to get shelved by me and I am not sure but perhaps you as well , but I was wondering if it would be possible for us to get to the bottom of this issue as I told our Association I would look into it. I know I had a chat with you over the phone in which you were agreeing with me to some level and I was hoping you could send me an email to clarify the towns position on this issue so we can determine our next step to remove this restriction from our declaration which we feel is restricting our right to enjoy our property . Many thanks for your help with this and I trust you have had a nice summer. David Bruckmann From: D. Bruckmann Sent: Thursday, January 07, 2010 3S1 PM To: Bill Gibson Subject: Fw: Village Inn Plaza Phase V Condominiums Dear Bill, Just want to make sure you got my email over the busy holidays. Could you please be good enough to confirm that you received the below email and that you are looking into the issues raised. Many thanks, David Bruckmann From: D. Bruckmann Sent: Saturday, December 26, 2009 5:39 PM To: Bill Gibson Subject: Re: Village Inn Plaza Phase V Condominiums Dear Bill, I trust you had a nice Christmas. I have now obtained a copy of the original Code §17.26.075 and have the Code §13-7-8 that you referenced for me. Having studied both, I am still of the opinion that the restriction on personal use is not enforceable against owners of condos in Phase V for the following two reasons: First, both sections 17.26.075 and 13-7-8 relate to accommodation units and lodging units that have been converted to condominiums. As Phase V was built on vacant land as a condominium development, I think it would be hard to argue that it was a conversion of anything and therefore this code section has no relevance to Phase V and is not enforceable against owners of Phase V condominiums. 2 Second, even if the provisions are applicable, I am convinced that sec 13-7-8 of the Town of Vail code would not be considered by a court of law as a reasonable restriction that could be enforced against an owner of a condominium. After searching both Colorado and Federal judicial decisions I have been unable to find any court rulings that would support the ability of the Town to enforce any personal use restriction against an owner of a condominium. One can find many rulings that support the ability to limit owners from renting or leasing their units but none that support the ability of anyone restricting the personal use of one's own condominium. My findings are in accordance with a conversation I had with the town attorney in 1999. At that time, I was told that the town of Vail would not seek to enforce §13-7-8 as it would likely be ruled invalid. Perhaps you would be kind enough to enquire with Mr. Mire as to whether the town's position remains the same and whether my findings are accurate. For example, has the town ever successfully enforced Code §13-7-8, and if so, in what court were they held enforceable? Thank you very much for your further attention to this matter and I look forward to your reply. Best regards, David Bruckmann From: Bill Gibson Sent: Thursday, December 10, 2009 8:09 AM To: DPKB Subject: Re; Village Inn Plaza Phase V Condominiums Hey David, The language that matches your declaration is found in Section 13-7-8, not 6. Sorry about that. Bill Bill Gibson, AICP Town Planner Town of Vail p: 970-479-2173 f; 970-479-2452 baibson(a vailgov.com >>> "DPKB° <dpkb@msn.com> 12/10/2009 3:24 AM >>> Bill, I checked the code you referenced and the title of it is : "13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS:" Perhaps the section number or something is wrong as I am not sure what this Section has to do with my question? In your reply to the above could you please attach a copy of the original code Section 17.26,075 so that I could read it. Thank you, David Bruckmann From: Bill Gibson Sent: Wednesday, December 09, 2009 9.40 PM To• DPKB 3 Subject: Re: Village Inn Plaza Phase V Condominiums Hey David, Several years ago the Vail Town Code was re-formatted and the title, chapter, and section numbers of the code changed. The provisions of Section 17.26.075 referenced in your declarations are now found in Section 13-7-6 of the Vail Town Code. Since these regulations still exist in the Town Code, it does not appear that the restrictions in your declarations have automatically expired. http://www.sterlincicodifiers.com/codebook/index.php?book id-560 Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail p, 970-479-2173 f: 970-479-2452 b4ibson@vailgov.com >>> "DPKB" <dokb @msn.com> 12/1/2009 9,24 AM >>> Bill, Just checking to see how you are corning an the answer to my question. It would seem to me that as the ordinance no longer exists the restriction would automatically drop as it says in the Declaration. Look forward to your reply. David Bruckmann From: Bill Gibson Sent: Thursday, November 12, 2009 5:18 PM To: DPKB Subject: Re: Village Inn Plaza Phase V Condominiums Dear Mr. Bruckmann, We have received your voicemail and email. We will research our files to determine if this deed restriction can be repealed; and if it can, determine what process is necessary to do so. Which specific unit in Phase V do you own? Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail p; 970-479-2173 f; 970-479-2452 bgibsonPvailoov.com >>> "DPKB° <dykb@msn.com> 11/12/2009 9;37 AM >>> Dear Mr. Gibson, 4 I have left you a message to call but to give you a heads up this is my question. Our condominium has a restriction of use in it's Dclaration which you can see in paragraph 21 (i) page 24 of the attached Declaration, on two occasions, the first was when I bought my condo in 1999 I spoke with the Town attorney who told me that the Town would not enforce the restriction. The second time was less than a year ago when I spoke to a lady in your department who told me that the ordinance cited in the Declaration no longer existed and that we should remove that restriction from the Declaration at our next Association meeting , Paragraph 21(i) (vi) seems to give this right . Would you please confirm that this is the case and let me know if there is anything that our Association needs to do as far as modifying the old Declaration that is filed with the Town. I look forward to hearing from you on this matter. David Bruckmann 44-1883712945 5 §38-33.3-102. Legislative declaration, CO ST§38-33.3-102 West's Colorado Revised Statutes Annotated Title 38.Property--Real and Personal(Refs&Annos) Real Property Interests in Land Article 33.3• Colorado Common Interest Ownership Act(Refs&Annos) Part 1.General Provisions C.R.S.A. § 38-33.3-102 § 38-33.3-102. Legislative declaration Currentness (1)The general assembly hereby finds,determines,and declares,as follows: (a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities; (b) That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments,late charges,fines,and enforcement costs; (c)That it is the policy of this state to give developers flexible development rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control; (d) That it is the policy of this state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such homeowner associations; (e) That it is the policy of this state to promote the availability of funds for financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer,more predictable basis because of standardized practices and prudent insurance and risk management obligations. Credits Added by Laws 1991,H.B.91-1292, § 1, eff.July 1, 1992. WestlawNext O 2014 Thomson Reuters. No claim to original U.S. Government Works. 1 §38-33.3-102. Legislative declaration, CO ST§38-33.3-102 Notes of Decisions containing your search terms(0) View all 2 C.R. S.A. § 38-33.3-102,CO ST §38-33.3-102 Current through laws effective May 17,2014,see scope for further details End of Document ©2014 Thomson Reuters.No claim to original U.S.Government Works. WestlawNext ©2014 Thomson Reuters. No claim to original U.S. Government Works. 2 §38-33.3-106.Applicability of local ordinances, regulations,..., CO ST§38-33.3-106 West's Colorado Revised Statutes Annotated Title 38.Property--Real and Personal(Refs&Annos) Real Property Interests in Land Article 33.3• Colorado Common Interest Ownership Act(Refs&Annos) Part 1.General Provisions C.R.S.A.§38-33.3-io6 § 38-33.3-1o6.Applicability of local ordinances,regulations,and building codes Currentness (1)A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units. (2) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership. Credits Added by Laws 1991,H.B.91-1292, § 1, eff.July 1, 1992. C.R. S.A. § 38-33.3-106, CO ST §38-33.3-106 Current through laws effective May 17,2014, see scope for further details End of Document ©2014 Thomson Reuters.No claim to original U.S.Government Works. WestlawNext O 2014 Thomson Reuters. No claim to original U.S. Government Works. 1 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: 1. Image Not Available "TYPE=PICT;ALT=link" YPE=PICT;ALT=link" A. Criteria: The following; design criteria shall be used as the principal criteria in evaluating;the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility : Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions desigied to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscapin a�; nd open space in order to optimize and preserve natural features, recreation, views and function. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or rg anting an apl2roval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) ORDINANCE NO. 14 Series of 1987 AN ORDINANCE AMENDING ORDINANCE NO. 1, SERIES OF 1985 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6; ADOPTING AN AMENDED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, ELIMINATING CERTAIN REQUIREMENTS RELATING TO THE DISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; CHANGING THE HEIGHT REQUIREMENTS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; CHANGING THE ALLOWABLE DENSITY AND MODIFYING THE BUILDING BULK STANDARDS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PHASE IV AND V OF SPECIAL DEVELOPMENT DISTRICT NO. 6; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, RE IT ORDAINED BY THE TOWN COUNCIL of the Town of Vail as follows: Section 1, Legislative Intent is hereby repealed and reenacted with amendments to read as follows: Section 1. Legislative Intent A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No.6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance #1, Series of 1985, providing certain amendments to the development plan for SDD N0, 6. D. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. E. The Planning and Environmental Commission of` the Town of Vail has reviewed the changes submitted by the applicant and has recommended that Special Development District No. 6 be so amended. F. The Town Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Town and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail. • Section 2. Section 18.50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Ordinarily, a special development district will be created only when the development -is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 18.50.040 Development Plan -- Contents is hereby amended to read as follows; The proposed development plan shall include, but is not limited to, the following data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, I1, I11, and as supplemented by the exhibits of the development plan and the environmental impact report as prepared by Gordon R. Pierce, Architect, (plans dated February 19, 1987, revised April 14 and April 22, 1987), and as given final approval through passage of second reading of this ordinance by the Town Council on May 19, 1987 ror Phase IV and Phase V. This approval recognizes that Phase IV may be constructed in two phases with the first phase to be referred to as Phase IV and the final phase to be referred to as Phase V. Section 3. Section 18.50.040 E is hereby amended to read as follows: E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 of the site and proposed development documented by photographs at a scale of 1 inch equals 16 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phases IV and V, a volumetric model as amended by Gordon Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phases IV and V, to the site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in Special Development No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.050 Permitted Uses The permitted uses in Phases I, I1, III, IV and V of Special Development District 6 shall be in accordance with the approved development plans on file in 1 1 0 the Town of Vail Community Development Department. Section 5. Section 18.50.060 Conditional Uses 'in Special Development District No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.060 Conditional Uses Conditional Uses for Phases I, II, III, IV and V of Special Development District No. 6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. Except, no office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV and V. Section 6. Section 18.50.110 Distance Between Buildings is hereby amended to read as follows: 18.50.110 Distance Between Buildings For Phases I, II and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan, but in no case shall be less than 50 feet. For Phase IV AND V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (dated February 19, 1987, revised April 14 and April 17, 1987). Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Gordon Pierce, Architect (dated February 19, 1987, revised April 14 and April 17, 1987). Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential Floor Area (GRFA) of all districts in the Special I Development District shall not exceed 120,600 square feet. There shall be a minimum of 148 accommodation units and 67,367 square feet of GRFA devoted to accommodation units in Phase IV and V of Special Develoment District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants Royston, lianamoto, Beck and Abey on February 12, 1975. For Phases IV and V, building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). Section 10. Section 18.50.180 Parking and Loading is hereby repealed and reenacted with amendments as follows: 18,50.180 Parking and Loading Following the completion of Phases IV and V, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect (dated February 19, 1987). The proposed site plan dated February 19, 1987 reflects the interim parking plans between the development of Phases IV and V. Section 11 is hereby repealed and reenacted with amendments to read as follows: Section 11. Conditions of approval for the development plan of Phases IV and V of SDD6 as submitted by Gordon Pierce (dated February 9, 1985, revised April 14 and April 22, 1987), shall be as follows: 1. That the developers and/or owners of Phases IV and V participate in and do not remonstrate against an improvement district for improvements to the intersection of Vail Road and Meadow Drive if and when one is formed. 2. That the developers and/or owners of Phases IV and V participate in and do not remonstrate against establishing a pedestrian linkage from Phases IV and V to a future commercial expansion at the Sonnenalp Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for reconfiguration of the pull-off area from the Frontage Road to the Entrance to the hotel prior to the issuance of a building permit for Phase V. 4. The developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances, such condominium unit of approximately 3,986 sq. ft. in size and to be located as indicated on the plans and specifications submitted with the application. There shall be no provisions placed on the condominium unit restricting the Town of Vail 's use of the unit or the subsequent subdivision and/or sale of the unit. -4- 0 5. No grading permit, building permit or demolition permit relating to Phases IV or V of Special Development District No. 6 shall be issued until such time that reasonable evidence is provided the Town of Vail staff that construction financing for the improvements to be constructed as part of Phases IV or V has been obtained. 6. Restrictions on any units in Phases IV or V which would be condominiumized shall be as outlined in Section 17.26.075 of the Vail Municipal Code and any amendments thereto. 7. Upon the issuance of a building permit for the construction of any phase of SDDil6 subsequent to Phase IV, the developer and/or owner of said phase shall reimburse the Town of Vail for expenses incurred in facilitating the relocation of the ski museum (into Phase IV) of an amount not to exceed $75,000. S. Any remodel or redevelopment of the remaining portion of SDD6 commonly referred to as Phase V shall include parking as required by Ordinance 1, Series of 1985. Section 12. 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 valildity 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 13. The repeal or the repeal and reenaction 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. 0 INTRODUCED, READ AND PASSED ON FIRST READING THIS 5th day of May, 1987 , and a public hearing shall be held on this ordinance on the 19th day of May 1987 at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Order d i'she - i.n ,u]1 this 8th day of May 1987. Paul R. Jo. ton, Mayor ATT1-ST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 19th day of May 1987. Paul R. & ston, Mayor Al-T ST: Pamela A. Brandmeyer, 'Town Clerk J < 1 Public Note - TOIiDIfJr1NCE'1!149:7� ' Swbs o7 sgET AN ORDINANCE AMENDING ORDINANCE r.,NO.I SERIES OF 1qq�10 PROVIDE F =- AMENDMENT-OF HE ,�SpppROyED� UE4E L 0P67ENTnl6fRIAICTrNOtl!'�AooPiiro AN AMENDED.DEVEI:OPAIfAJx PLAN FOR PHASE IV OF.SPECIAL'ID VELOPMENT D13TRICT NO.e,EUMINATHIG CERTAIN PROOF OF PUBLICATION AEOUIREh7 ELATE RELATING TO THE OISFANCfi.BETWEECIJAK ILDIC7�1OE FOR PHASE NN OF:OHAN L DEVELOPMENT SfATE OF COLORADO DISTRICT E NO.8:CHANOI EI:OE HEIGHT. -REQUIREMENTS FOR PHASE IVOF SPEGAL 55. CEVE LO Pn1E U. DISTRICT NO. 8', COUNTY OF EAGLE MODIF1YI THEAI.yOW'UILDENSITButK MODIFYING THE.EUlk.00F EUAL STANDARD$FOR PHASE,IV OF 9PECIAI, . DEVELOPMENT OISTRIC7 NO. B; ALLEN KNOA PROVIDING DIFFERENT PARKING AND da$OlOmnly Swear thOt I aril LOADING REQUIREMENTS FOR PHASE IV AND V-OF SPECIAL'DEVELOPMENT the talib Lf.ST1 ET _ of THE VAIL TRAIL;that the some is a weekly newspaper DISTRICT FIL 8:Alub SETTING FORTH pooled,In whale of in part and pULN shed Irl If-County of Fag[D,State of CO1OSddO. DEiA11 THEREFORE,REGARD THERETO. CII'1d has a(jonomf clrCLllall0i1 Ihnfalrl,tll(it sold r,owsporor has boon published THE TUWIN COPLONGL OF IT E, TOWN OF continuously arid unlnlamlplodfy In sold(:aunty of Eagle or a p hod of more than VAIL.COLORADOAS FOLLGW9' fifty-two consecutive weeks next 131ar to hie first publication of the annexed legal aeenoN';L' 'labnl notice or ndvertlsnronnt;ihol said newspaper has boon admitted to the United v n oa 1111L.hahnncs No.]118erles°of 1'A]A! States moils as second class mailer under tho pyov-sions of f he Act of Match 3,1,879, I'll b'eeyrlg speaml D11Bdovmd LblmoelNO a era amendments thereof,and that sold newspaper is a weekly newspaper duly deYel�p rent ot.atlad an.eeawnnleendina quad Tod far publishing legal nnfices and advertisements within the mooning of the elp,eiea'Y110NB 1oi°'x e'a°In whIeh I,was laws of the State of Colorado. s. svadal Omab mom pNVI[t No.8 That the annexed legal notice or advertl5ement was published in the regular and :prmid.d b sec en t•�1en Ina Town coon°n oa 1.pmor°,i.inner rr»°1O6°tro°dlyspodd entire Issue of every number of sold weekly newspaper for the period of 1 lhreugh the enadnrem 81 en aQOng a°m lomnilywlln FaaanlMcptle o the Town of Vail. consocufive Insertions;and that thoflrst publication of sold notice Was In the SSUOof ll Int M°TownCaundla+the Town of Vail send ed Ominance a..n.In th, vrovlaing canon e.endmome to mo said newspaper dated _.__.....M� _-______A.U.19�_and That the lost eere"o"nlplan br Soo Na.B. D.Applicaibn heabaxn made to there-ai publication of sold notice was in the Issue of sold newspaper dated avuei lDswal.pmdm u°uiiCiwoB1ew­11- 1- bPneselventl hlcn mektlaedein chengea In - . .- A.D.19 Ina aevlOPmeM yylm brspaalm Davelppmenl ----- ----- -----' --""-"" Dldurk ND.Szo fheymlMetapneselV. ��T- Commi.lon oiin io and Yell°nlm°.°mmmmva In witness whereof I have hereunto set my hand this day of m..nanab.aubmmea b Ina.pho mend has n reCamm tled tool Special. Development D1FIrITIhe Tarn°CD-mell conila-that the __._h^!t f _AD.19_. amendments Itle en evanmore pnlfled one .riper°al'" rhln/lsie eTownoenldpelal taucl°t hdOmxnla pre d baneih Id thelsaHh.salary welfare 01 The bhabhenu.of IN Town a1 SECTION g.Secagn-1B,1A.Op0 Purpoea I°A Sp°e�clel Ueveo N ref Oletrlcf la eelebllshed Subscrihod and sworn to bgnjf me,a rgatory pubs In an e County of Engle, vm•n 144 +e an am4mnan.made.airii"q¢ie°ee state o tColorado,this__ral_5_`_dayof___fu' f _A.D.19. _ nnmnlaouawlinlneee�e>!IOnara�le:9llhe Towgn, prwbe edequeN open space 0 bn. Hies. d n.,al.me bj.eIi as orin:zgd.q°prabertea or ma BuBIES norOuPLyeria'dad krued as Carl 1, SBVeII Pmenit ie°nre9erdedee emovrlmy Ie'Ilia -. _._..._... 18.60.1308ulltlin TSUlk. : Iho T¢wn by Iho 70wn-ri.dn.q,Plennlnpp Pulleing buR, paum all IBnBlha, Canaht an antl D..Ign Rwl•w Board,antl i I rq. ..J(1 Imum tllmanalo+re for Dulkllnc alamanla, Then ra elg 11keA,aepee1:of the Peclel <<ff L] I ieQiMremenla uo NI tleele erM venlcal My CI]IT1m15510l1 ex¢Ir @6._ -_ levvm oNa¢n:naamry°naaaakH.gd uLnal mgelpom.nI MOkn anon b..akn.e anaar on l e,�retxYYd on ra IxvDIOFer x^I v-n^ I h9ectbn B1060°R40 on .-i-f�len- Bocdkn1 nntl bAbo°on Fob uayB H For C ntanbpia he W dads de I lk+wr P.-IV a ad%Y.bulldrn OmbIIX.2.12'.".t �well Ina tle.but ie lwtllmltedd io.lnei.11olw bge t atom outs,°raqukamenle for well°h.em an� 3 es eup�lemeMOd by'ACICIIe prg'atled by-i 11cn1 al°pp,.0 of reel Ilnoa obeli b°ea Uukk b Aoynt n Hana- LP Beek I a Indlag(ea as per the nP,ewur development Ab Feb tk+y 14 10M t pose e 1 IIe-I�II pp + hmlrtntl by GddOnA Perce,Archnoet 3 End° `S PFs^le fedA I aSrk6lo{01 Me;. (dated February 11,1987 1.1ind April 14and 17 dovel°pm pie d IM I Bola - Fpd 2y 18671 -Imped,report p aappaaretl O d R-Pierce Y Weltlleel plml'etftad"febnuly`t&.1®; SECTION 10.Becllon IB.50.180 rerhing ::IorlBetl Aprl l4iid ApR[21;iB67f entlbglVtlh•1 end LoeOingg N nerabY repeslpe end repn.Eted IIn�AI'^approeel'lhreugh"p ggpp of aemad wlm amantlmema es l°Ilowa: pp I'r al gel tole OltllnenceE the TO nOauncl! FolsowlnGl oalgm°salon 0lPho 'a lV end V, I On Mey 1R 126]hat PA and hitB 4eryYmbB IV Ines shanim oar ls9s11ynpplxsurbcn Mrk nor - Pp lmcled in Wn yy°haeq p-MOrel PRSae 9>°Ce°e 2m�n E°fekr°drklnklnp.Pace.and �I.t D t rretltgn PhaM iY and[haft alphna - I pe CC avacea ee era to beideRee la ea PheN.Y} ' x.elrbg end ae pravedee on Ilre tlevelOpmenl BECTIOWB�Secllrin i6A0016 Elahereby it dauu!Fabruery 18 1987°R M propoeetllelle -f emended la fMd yfollews ppIs.dared Fe bruer//19,12ar let the EFOr Phaseel.7 land 111 avdwairk model inrerlmp.klnp danebBlwaentneaavalopmanl "'0s amandBd'by CaneU1lan1e Royston, - al PINN IV at,a V. "Henemol0.Beck antl Ab°ppY on Fobruery 12. SECTION Ii.Cdrtll[lone al e.Prw°I for /dppullaan110tlby"he ruin eecaladl�l°hl evalapmanl pa.n of Phase Iv and 4 0l :,avueli us.°1 yr YrYer,pork.Inp Ot.seal. S�Oe as fupmlHatl M GONOn Piarp Itlalatl d fin!n Hp 1 those pheese 1 the February 9.1805.rawsed Aprlr 14 and Ayrll22. .��,QayelOpmerd to thadteand Illuelrstinglh.lmIn 1957),aF:11 Ce ea INI0w9: and lops of elruc!uroa in oald Mess of Me t.Total the tlevelcmra antl/.,¢wnam 01 ..aevalopmenl.FOrPhaeelV•nd�swabmNlla'- Phasv.N and V pmt ,Aa In and d°nor otld . INatl by l2oMM Plerta a+rele aljslnalan lmpr..grid.auktfat Arenlleal, I Vle site eM fM OropOSed - - Improvamenla b In.into reeellan d Va.Read dwelaDmenteta aralaaltlnch•qua 201..L' and Meadow D..H end when one if 1°rmad, podreying the acek ana rdatlonsh4 of Me - 2 That the developers end/or own-of lev loom to PA sOS1V dV iq the siieand _ PI eyes IV and V parrlclpaN I se J on ro1 said[r Ins Ina f 1 m q 1 1 ushuot In onatrM aT Per rl.bll log p°d°etrlan ptree - r1-g.Ira.Phaaoe IV and V to a Tutore Loder lel er pin.i.. 1 the Svnn.nNOp BEC11ON/9ticgans 18 SD 050 Permll[e0-' ge ells H end when II re deraIII �'Uaw In tape IY Dv°loom !No.0 b hereby s Th.aeyela.ar recetre approyel IrOm foe :.repeelea sod reenadap won amelMmente b.. slate l enwey Dep.rlmeM tar reconlla�ration 'Uses a lcnowl: Ii1.`e pull orl aaa ha o fl,Faa Mg°Road to , fB.Bg.050 F.""'hed Ike haenlrenoe to iha hotelpdar[o ihaieeuencaol The permltied uses lit Phases i.........VSlntlV- ebull0ingpermNtarPhaseV. -al8pac'a10auYOpmanlONhklNaBahallbaln J 4. In,eay.r.rars an0.1-er.at Phase IV vpM�ncI In in°app rx�l dnelopmerd grw to tnnahr by gon.ral wnfanly da°d to pp41a 111°In Iho Yawn d II Cam ydly IDs TOwnol yalr tree end clearof eglyma and -Dswiluemanl OOPsNnraM- :- unbrencea h c dml,lum II 1 BEt:TlON0.8odidt l6 fiB OSO CAntlHlonal O��BtlmelaMl abe608.On Ihei°lens to and Usw In SWIG DBNa rm Dlddet Ne B le P hereby i pea letl=and de d with The,.l.1all°be nom,011anel pI.I, lent trre '16.s2.oeo 0mdilipnel Ueee candominlum rmNrealnhlHugme Townoi Veils n'Conditional Uses W PUX.I ll.Nl IVandY etl.ur�ele.line unlL ULa°rn'Brt1ulMlrblon of BpoolM beyelopmBdttll kid NO.Aenap be' °5.No gradln Ir 4.110W bona msedlan la,xs.o36Dpdnphceovmaao�vmrtg tlemoil Iran varrmVf eleilnp bPheceelh°l'orvaoi a�ndinOnWSOOnbine eailarmd In YOopeer°1n Spacial Oovla monI DlIt 111 No.6.Hall ba -"w1[n Inca 1 a I Caitlin ref Core l eml- reeu¢dumlreucbnmebetromo.11 xIf thin Go,...id CO°II - ..".. Ise epra.lded the Town r vat Mai M1et EAaopt oHl u lln¢ao do.�y� bH^tl..'A...,a for llreimprnvnmeMe to .....wry la eprihupel aaewlEibedbwed e tmcled as part of Phea.s W or V he. Bse Plaza LavN pf PMaea IV aM Y. h 6.F skldl...On any unite in Phase IV orV SECTION-0.BeCllOI 1850.110 Oa.. ' 1-d wo rd be condominlumlzed shall bon -B rwxgrr 6upolxps 1.bergby reandetl l°reW> If nod Fn Secllon 1726.75 of Ore Vail to 8owa: MunkrpN Catle. - 18.60.110 Ow1erl0a Nalwwn Bresion°. - IUpalp�absaancaolabuildlnapp miller for Phww 1,11 and 111 themlhlmum Ehbnea the oanetru0lrun of w+ phwe of uDD Na.8 betwash buriall onadJaeent sllN Nallbaas• eWeoquenl m Pnee 1�the developer enNUr Indicated I°the d°vel°pp eta ylan,Dut aay1 ° leeIpnm antl r•knburre the Town mall ba leriArn501eel.Fa,Pheea Stem rIV.4 for axp•mac Incurred en fevllllellrrqq he 'V the minimum dlen...Dehreanbu8dinge on dacatiwaf the.kl a. in limo Pha.ely l or dl,,1.61 epee shell b. I dl pad In Ik °mows not to exceed BTSAttt. -d IapmeM plan IN e.6mintm by Gold.. a SECTION Ig. II any Dert e¢flop PI Archlreot, tlared Feb 1g,h1BB7. sutlescllvn,eamanco,xl.uae yr Dhreae al Ihle rnleed ApNI 14 B�ApHI t}1887 ordP.nm s tar en,I.e.-held to ba rnvNla SECT ON J.Raalipn B 50 tap 11d9ht IS such decNl.n ghgll qol allect iha vNltlllyol the nerebyy am tled to raetle follows melNnp p¢dlane of thlr ordlnenca.end the - A.FOr Ph eeea 1,11 and IN the Al.-b6 Town C-aell naraby dealer°°It would hove nelynts eltall ib as band an the development ae ea lDle oMlnencei end aeon pert,.tellan. plsq,ap II1j,.IIV the sire plan and might plan u Eeectlon,ea Jxnae levee 0rphreN enerael, dated B/IV 6, regpralaaa f the feel IN,any one dr mate B.FOr Phu.Nand V,b xinumb�surHHlrp0dvvlr0r0ppll ol.usn o ha e ied vsYpBnP° .a. il 0ermrelNlxt r prua bdel. Inll I.-MPe bd- A SECTION I3 T'' oval trekp 1'ntl '.IdaledF bV N19.1961; Ned Apf_N14aho:... 1 faehedlDtt di Y P to VPI April 1T,16117) M Iclpel C0 A pr hod to Id1 n 8 GyT.ON a Secllbn 1850160 Domity le h ll not aRkt y light wH h hit a Ae hereby ended bread.tell Ony tiv111116 Bed ny viclall n bet na0ubed Tha D Realtl tlul Fld A ae hGRFA7 t prior to IRI eIbdtl,, halt.here.!, ny {-el aliTifcTiNiFidSpe�aT�orglopfa FDTiErip{ orosocullon commaMad.nor anyothar ecdnn P(Nilill po!a ea Q 120.6W eq Ja[(IJeal"Fh placeeding as m n n5 teed uncle-or by ehe1F he mIAI TIM 148 ace m da I - virtueofln•Dr Idi.nn,eeded of rc W done 1yy IICZ$T 0E29 D"`;[tIdolp,ISF1, letl xMnedea.TM1p rcpval of yprov abn hereby t.'.10a[6mm tl'lloh IIf6.ln Cl tla lYeRdV P}f llnm raylya any proVabn or any ordnance special DArebp- 1'D;.tret No.B esrDmeMly PNlad r eW.ravtlm un l.aa SECTION 9.Sedan 18.86.i30�bu1Hhn yet&ed narehT. Bulk 1�hereby amandad t°reed as talioxa:9 INTRODUCED,READ AND PASSED ON 10riIt" Eu.dlr--p BUlk FIRST READING AND ORDEREOPUBLISHEO Dul101ng bulk, 1s Irnurn'well 1u 11x, ONCE IN FULL Ihl$Glh dayaf Mey,1967 and a mG""`hdimenalona for building alamenlA ou141c neantq.nail be%",In lnls.rdn6nae requinngnent°to,wall.fleas and wrlbal Cau11n.II Chamber.°oflBhep1vp�AWnllclpel be pjnylcalod lrI iha hdevdopmentll plan) Buedba,Vah.Co lulu!.. eub.I ay .sulrerds j,y1,1 n,Hana op, TOWN OF VAIL Beck end AMy on Februavyy 12.1976.For Pe u1 R.Vphhalen Ph...IV antl V.builtllnp balk,maAlmum Wdll Mayor erne.maAmum d1 mprg1. for art, h ATTEST: a Is r qulrson Ier wal!°I°ele and Pat el°A amrtdm°yer" ye Filter slapping d a-I Ilnee shell be w TOYat Cblk I dieated as per the dp,no m dewelopmant Publbhed l°The V•Il Troll DI Mrbmlltgtlby0drdgnR Peree.Arcnllact on May 6.1987 [tlated FaMq'Iry 10.180r.rnleed April 14 and b 0 so�o 0 Q-q 4 v a oNpp�s �a@ c m °crDiQ3o°o°n b� O Yn U Q 7 Cl @_ ID 0, 0 Omc�D7�O H tom'' m C7 u _7 a ti as c)5— 3 ° r O . ci ° 3 om(D046(o2Q z zT o aNT vtCo m o (D o @ °�Q�rt�ID c aQm�odYQa a� 7 cr aas8➢oo� m O i1 (D O �.Q 7 _ s"OID 1fD❑°- H Z o a s :-7 7 ?£m aw a � ms.,Qa�ms f _ m c o �p7�xD3o()r� o ° J m tQ w C a m m _ Q tea°°-. �°Q o m fl a a (D a n. a-I o_o>�roow�nm�avo�ovDOOn zn NmZ tiNGD Vmn°➢GO U'iDNC y�ZG<S 02 '�O ➢y OC�ZOZm�n�'DC31roy�mZ'O pg� m���.°-zoo_�o^9'�Imczim`-�iLZ�nq sc �ZS Z Op7=0Zfi)rom ZCnaL ���fn D a v'Om m�y�om -zi ,p Z,OTo yz�oA NC 1 cT m�T 4n n I� O(]rot p'n➢�➢ rOm V21�i�itO2 mOODh(]Znr 7rttl-W➢ro�m�n m SOrZL-yW�_=L_ �'OC� -i OZ �- =i m�C'u Dmrm]J in�D�-DID rm Zmm�2 mZ On p�Gp nh��o��G am'3�Z Om:,z �47 s. G fQ 0�DS-1���-1Oz��i,z pz IL]Z�V�Z�z 9m Om°➢Om�p� \• D� �2 z >;z➢�y�zo�?zoz yp n F, T.U..r-1�]ImZ�94]rU SECTION 1. Legislative Intern is nareoy SECTION B.Secbon 15.50.080 Conditional 4.The develapere and/or owners of Phn repeated and monocled with amendments Io Uses In Special Develapmeal DI.Irl.t W. a e agree to bliniller by general warranty deeu(, as i new,: hereby repealed end reenacted with the Town al Volt free and clear cl ell Ilona rION 1.Lagisfaflve Irtlenl. - a 0ndmeal.to read as ellows: encumbrances, such condominium unit of 'i 1976,[h.Town Council pl the Town of 16,50.060 Conditional Uses. upproxlmsielyy 3,966 equate foothill size and to ,•eased be No.7.Series of 1976. Condifinnal Uses far Phases I.II,III,IV and V be located s diealed on te plans and shing Sppecial Development Distrlcl No.e of Spaclal Development District No 6 shall be specifications submitted with the apphcatlon. .,a le Ih. unilietl and coordinated as found In Sectlon 18.22.030 ofthe Vell ZOning there shalt be no provlsiona placed on the O-JOpment diacritical site as-whoo-dr, Code and et below:A.A popcorn outside condominlumuni(realrlclln.the Tow but Vall'I mannur suitable for the area In which it roes vending wagon that Conforms Ins pearance use el the unh or the subsequent subdivlaien sllual+ed. Ilh those exlsbnq In Comin ec.01 Core 1 and and/or solo of the unit. B. Special Develop enl pislrict Np. 6 Commercial Core 11. 5. No grading permb, bulldhtg permit or prnvMad in Section 14 that the Town Council Ekcepl,no efrice uses,except those clearly tlemolltlon permit relating to Phases IV or V of etl Ina rlBht to ehragale or modify Spacial eces_'y to a principal use will be allowed on Special Development District No.6 shall be Davefopmenl Distrlcl No.8 Icr good cause the Plaza Level al Phase IV and V. Issued until such time Ihet re.sonnble evdanra Through Iho nctiTe of an rdlnance In - Is provided the Town of Vall staff Thal conform itywlththe zoningc.de Olthe Town of SiOT10N tD.Section 16.60.110 Distance consbucbon llnancingfor the lmprovemenlslo Veil. Between Buildings k hereby emended to read be constructed as pArl of Pheaas IV nr V has C.in 1985,the Town C-nall of the Town of as followe: been obtained. Vail pesand Ordinance No,1,Series of 1985, 18fi0 f 10 blelan.8 Between Bufldinaas 0,Restrictions on any"1118 In Phases IV or V providing certain am.ndmonls to the For Phases 1,hand 111 thaminimum Alslonce whir 11 would be cundominhtmizad shall bo as development plan for SDD No.6. between bulldinge on adjacent sitar ahallbe n outlmad In Sectlon 1728.075 01 Ilia Veil 0.Application has be an ma de to the Town of Ind in the developp ant plan,but In no Municipal Code end any amond,,nl thereto. case shalt be loss than 50 feet,For PheeeNand 7.U an Ina issuance of a bulling permit for Veil I mod+ly and amend cor'.Ir seallure of V.the minimum distance between buildingsan [he cenatrucliun "f ofy phew of 9006' Spaclal Deroippment ❑ietrict No. a which ad ACenl Altos Shell be es Indicated In Iho y an related to Phase Wand which make certain I subsequent 10 Phose IV,the developer and/or eben9ea In the development plan I_Spacial developmenl plan ae submitted by Gordon owner of said phase rekmburse Iho'Town Development D,.Idie,No.0 as they relate 10 pierce, Architect Itleled Februaryy 19, 1967, of Vail for expenses Incurred in Iacllitatln9g the Phase PV. revised April 14 and April 17,1987F• relocation Of Iho ski museum{into Phase IV)of E. The Planning and Environmonlsl SECTION 7.Section 18.60.120 Height Is -'amount not to exceed$75.000: Gommnitian of the Town of Veil has reviewed hereby amended to read as follows: 5.Any remodel or redevelopment of trio the changes subrnilteJ blithe appacenl and has A. For Phes,s I,II ntl 111 Iho allowable remaining portion of SODS commonly referred recommended that Spaclal Development - hekghis ahall be es found on Iho tlevalapmenl to ae Phase V shell include parking as required District No.6 be so emended. plan,a eclllcally the alto plan end helght plan by Ordinance Nu.1,Series of 1985. F.The Town Council considers That the i'del is HECT[ON 14. II any pert, eecllon, amendments provide en even more unified and B For Pheaas IV and V, the maximum subitectlon,sentence,clause or phrase Oil mare eeamalicel ly pleasing development of a building height shall be o8 sot long In the ordinance Is for any reason held Ie be Invalid, !, critical sbe within the lawn.ntl that such approved davalopment plan by Gordon Plercv, -- such decision shell not allect the validity of the amendments are of benefit to the health.safely Archlmcl Idalad February 19, 1987, revleed mmaining porlione of this Ordinance;end the and_.,are of the I.an.',I ul of the Town of April 14 and AprH 17,1987). Town Council hereby declares it would have Vail. - SECTION B. Sertlon 18.50.130 Density Is passed Ibis ordinance and each pert,section, SECTION P.Sectlon IS 50.020 Purpose Is harsh y amended to read as follows: lubaectron,sentence,Clause orphraa.thereof, hereby amended to read ea follows: The Oros.Residential Floor Area IGRFA)of regardless of the fact that any one or morn A. 6Peels I Development District Is all districts In lire Sppec�a�D.velapme nl Dletrlet sections, subee.]ions, Sentanaea, established to assure Compre iron slue shell hm exceed 120,600 square teat.There clauses or phrases be declared Invalid. devezInnont end use of an area in a manner- shall be a minimum of 146 acpammpd.bon SECTION 13.The fopaAl or the repeal and that would be harmonf"'a with the Osneral imlls and 87.387 equere feet o1 ORFA devoted reSECTIO of any provision of Phe Vail character of tiro Town,provide edequme Open to accommodation units in Phase IV and V of - Municipal Cade as provided In this ordinance space and recremlun flmrnitlos,and promote Epaulet Development District No.6. shall not affect euy right which hoe ecciuetl, the objectives of the Zoning prdl nonce of the SECTION 6. Sectlon 10.50.130 Building any duly Imppwed,any A lallon that Occurred Town Oiill b ly, a pedal development gblN is hsreb prior to Iha 0I1ncllve date hereof, any district will na created only when the 16.50hero Bu anoundetl to read ea fdllaws: prosecution commenced,nor en ether ecllan development Is regarded as complementary to g Bulk P y Me Town by the Town Council. Planning Bu1lJing 'bulk, minimum Wnli lengths, or proceeding as commenced under or by Commission end Design Review Board.and maximum dimensions for building stamen(:, vlYlue Ol Mop rep�al�d pr topealed and there are algnifluam spec is oI the special requirements Inr wall oflsela and vortical r acted.ilia repeat of any reayl=a Hereby developmem which cannot be.atla'ietl under 'tapping of rem hnesbr Whales 1,11 and ill shall shall not revive any provision or any ordinance the existing zor."9 be ntlicatad an ins development Alan .s Preulrnrsly r pealed or superseded unless Section 18.:10 pip Development Plan - submillad byy consul!anl'Rnyslon,Hsnamotu, expr,,,,Iy elalsd herein. Conlenla is hw.by amended to read as follows: Beek e tl Abey an February 12. 1975. For INTRODUCED, READ AND PASSED ON The pro 1 dovolppmon! plan shall Phase,IV end V,building hulk,maximum wall FIRST READING AND ORDERED PUBLISHED Include,but is not Welled to,Iho l.11owing clefs lengths, maximum dimensions for building ONCE IN FULL this 51h dey of May,1667 end s as wppplemanted by exhibits provided by elemartta,requlromenls for wall pifeal9 and public hearing shell be held on Ihie 957 a d conaultanl9 Royston, Hanamolo, Back and- yet lieel elepping of root Imes shall be as on the l9lhdnyof May.1987M7'30p.m.Inthe Ahoy on February 12,1976 IOr Phases 1,Il,III - Indicated as per Iho approved development Counclf C'Jam bore of the Vail Municipal and n5 supPlementetl by the exhibits of the plan,su Imllted by Gard0h R.Pin,-.Arehllecl Building,Vell,Colorado. development plan and the environmental 101.11 Fehr"cry 19,1987,revised April 14 nod Impact repo'.as prepared by Cordon R.Pierce, April 22,19871. TOWN OF VAIL Arahilanr, tplPna dated F.br ua', 19, 1987, Paul R.Johnston revised Aprill4antl Apr 1122,1987Lendnsgiven antl�o dllo NI.her.C�"a,,,Suction 16.80.16P Parking Mayor Final a .l this:h 9 aled and reenacted pprnv g pa5'A{Ie of Second with amend maple Ae follows: ATTEST: reading of this ordinance by the Town Council 18.50.IAO Parking and Loetling Pamela A.Bmndmeyer on May 59,JUST 1orphsae IV and phase V.This F0""'ng tiro completion of Phases IV and V, Town Clark approval recognize.that Phase IV a be thorn shell bs not lea'than 12 surface perkhig INTRODUCED,READ AND APPROVED ON cabeIinso in two phases with tiro tlrel phase spaces.324 underground parking space s,end SECOND READING AND ORDERED ro he referred to as Pheea IV and Iho llnnl phase 37 underground valet parking spaces as arq PUBLISHED ONCE IN FULL Ihla 19th day p1 Id b"re lr;rred to as Phase V. e,BGng and as provided on the paeans as are May,199E i SECTION 3.Soclmn 18.60.040 E(3 hereby plan submltled by Gordon R.Plerea,Arohtlacl TOWN OF VAIL amended to read ae follows: (doled February 19.1987).The proposed site PTO R.Johnston VAIL E.Far Phases I,II end III,Avulunretrlc model plan dated February 19, 1987 rellects the mayor es �mendeU Uy consults"', Ruy,lan, Pterlm parking plans between the development y Hanamolo.Beck end Abey on Fehrusry 12, of phases IV end V. ATTEST: j 1976 of the site and pr.p1rosed tlevalnpmsril Pamela A.Brandmoyet' .dowmented hyphorngrpphe nlescaloofl inch BECTON 11.Cantlltlons of approvaNpr the Town Clerk - equals 16 feet or Inrgcr,porlrayfn the'cal" tlevalopmanl plan of Phase.IV and V of SDUfI nd rclalionahi of thwn h g eseubmltled bypordon Plarae{dated Februarryy Published in Tae Vail Troll development to thesile end lllaelraling lhelorm 9,1995,mvisetl Api'i.t Oa"J Aprll22,i98T)ehflll on May 22,1967 and mass of structure,In sold phases of the be ea follows: davelopmem For Phases IV and V,evolumetric I. Thal the developers and/or owners of modal as nmendod by 6.1don Pierce, PheSea IV and V particlPat.In and do i of - Arehilecl, of the sit. and the proposed remonstrate to I in el animproyememdlstrlcllor diant opmem al a scaleo11 Inch equals 20 feet, Improvomonls 1"the Intersxllon of Veil Head pOnmyl ng the scale and relationship 1 the find Meadow Drive If and when one U formed. deda'Opmem an Phases lV and V,to theslleand 2. Thal the developers and/or owners'of Iliuslmting the form of mass of structures in Phases IV end V participate In and do not said phase, remonatrete against astabllshlngg s pedeatdan linkage font Phases IV and V to a Iurul. SECTION 4.Section 19.50.050 Permitted Commercial expansion attire Sonnsnalp Lodge Uans In Spec Development CIa1fICt Na.6 IS alto tl end when it Is do'aopatl. hereby rep e0l.d and reenacted with 3.Th9 developp.!receive approval from the amendments to read as to Owe: Stale HI hwap De arlmenl for mconli rallon 19.50.050 PermRlad Use'. - of the pull-off area from the Fro ntage RoaJ Ill mire of Sped Develo uses In menlbetriict 1.11. shall be In abu dlnneetoth For Phpoor to lhelsauenee of p g permh For Phase V. accordance With the approved tlev unit"l glane an file in the Town c1 V. Community eyelopment Depertmarl - Porterfield & AssociateS LLC. Attorneys at Law Wendell,B.Porterfield,Jr. 101 Eagle Road,Bldg.8 wporterfieldgopa-law.coni P.O.Box 3149 Eagle-Vail,CO 81620 Vail,Colorado 81658-3149 Tel:(970)949-5380 of Counsel: Gerald W.Oliver Fax:(970)845-9135 Frederick S.Otto joliver@ol2a-law.com fso@012a-Iaw.com April 19, 2013 George Ruther Director of Community Development Town of Vail 75 South Frontage Road Vail,Colorado 81657 Re: Village Inn Plaza-Phase V Condominiums Dear Mr. Ruther: We represent Staufer Commercial, LLC. ("Staufer Commercial") and Vail Village Inn, Inc. ("VVF'), who are the owners of commercial condominiums in Village Inn Plaza-Phase V Condominiums (the "Project"). The Project was created by the recording of a condominium declaration on February 4, 1988, in Book 478 at Page 378 (the "Declaration"). VVI was the declarant in the Declaration. Article 21(i) of the Declaration contained a restriction on use of residential units 8 through 18. A copy of the restriction is attached. We understand that the restriction may have been required to be placed in the Declaration by virtue of the terms of SDD 6, Town of Vail Ordinance No: 7, Series of 1976. The restriction references Section 17.26.075 of the Municipal Code of the Town of Vail, which we believe has been renumbered. The association has recently adopted a rule that it will not enforce the restriction and we are advised that one or more of the residential unit owners routinely violate the restriction. We request that the Town investigate the restriction to determine if it is still enforceable, and if it is, whether it is being violated by one or more residential unit owners. If additional information is requested,please let me know. Very trul"ours, Wendell B. Porterfield, Jr. WBP:aI cc: Stan Zemler,Town Manager Town Council (t) Town of.-Vail Restrictions on jal. Pursuant to Section 17.26 .075 of the Riih c pal Code of the T dwn of Vail, the use of units 8 through 18, inclusive, is hereby restricted and made subject to the followings M Art owner' s personal use of his or her condominium shall be restricted to '28 days durint the seasonal period of December 24th to January 1st and February Ist to March 20th. This seasonal period is hereinafter referred to as "high season". ,Owner's personal use" shall be defined as owner's occupancy of a condominium unit or non-;paying uest of the owner or taking the condominium unit oft of the rental market during the seasonal 4riods referred to herein for any reason other than for necessary repairs which cannot be postponed or which may make the condominium unit unrentable'.- ' 9ccupancy of a condominium unit by an Association manager or staff emgloyed by the As*oci4tion, however, shall not a restricted by this subparagraph. (ii) A violation of the owner's use restriction by an owner shall subject the owner to a daily assessment rate by the Association of three times a rate considered to be a reasonable daily rental rote for ,the condominium unit at the time of the violation, which assessment when paid shall be a special assessment belonging to the Association. All sums assessed against the owner for violation of the owner,a personal use restriction and unpaid shall constitute a lien for the benefit of the Association on that owner's condominium unit, which lien shall be evidenced by written notice placed. ol record in the Office of the Clerk and Recorder of Cagle County, Colorado, and which may be collected by foreclosure, on an owner's condominium unit by the Association in like manner as a mortgage or deed of trust on real property. The Association's failure to enforce the owner's personal use restriction shall give the Town of Vail the right to enforce the restriction by the assessment and the lien provided for hereunder. If the Town of Vail enforces the restriction, the Town of Vail shall receive the funds collected as a result of such enforcement. In the event liti ation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred, (iii) The Town of Vail shall have the right'to require from the Association an annual report of 1W f Owners personal use during the high seasons for all condominium units. (iv) The condominium units shall not be used as permanent residences. ror the purposes of this subparagraph, a person shall be presumed to be a permanent resident if such person has resided in the condominium unit for six consecutive months notwithstanding from time to time during such six month period the person may briefly dw4ll in other places. (v) The condominium units shall remain available to the general tourist market, If unsold by Declarant 30 days after recording f the Map, tle unsold condominium units shall to required to be furnished and made available to the, general. tourist market within 90 days after the date of recording of the Map. This requirement may be met by inclusion of the units, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town of Vail. (vi) The restrictions in this subparagraph 21(1) shall be modified or terminated, to bwof no further force and effect, at such time as the ordinances of the Town of Vail that require the inclusion of such restrictions- in this Declaration have expired, been repealed, finally determined to be invalid by a court of competent jurisdiction or amended in such a manner as to permit removal or modification of -such restrictions. Declarant reserves to itself and grants to the Association the right to modify or terminate the restrictions in this subparagraph 21(1) when permitted to do so under the circumstances described in the preceding sentence, and hereby alrees to so modify or terminate the restrict one in this subparagraph 21(c) when permitted to do so by the T<*m of Vail. Determination with .Tespect to whether or not a particular activity or occurrence shall constitute a violation of this paragraph 21 shall be made by the Board and shall be fInalj provided, however, that a decision whether or not a tioular activity or occurrence occurring on, in or around Matra I through 7, inclusive, or on, in or around unit 19 shall constitute a violation of this Paragraph all be made only upoii a reasonable determination 9'ase'd"upoll the requirements limiting action of the Board as set forth in subparagraph 6(b) herein. ! 7 =T 5 6 " CONDOMINIUM DECLARATION oc�n...., FOR INHUTE I'NIl.-Ur", 'VILLAGE INN PLAZA-PHASE V CONDOMINIUMS 1.!: :;1'Y. tIr-(1,C R(Ir . 54 P,i X68 RECITALS VAIL VILLAGE INN, INC. , a Colorado corporation ("Declarant") , is the owner of the real property interests situate } in the County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof. Declarant desires to establish a condominium project under the Condominium Ownership Act of Colorado ("the Act") and to define the character, duration, rights, obligations and limitations of condominium ownership . A building and related improvements have been constructed on the real property interest described in Exhibit A, which building and improvements shall consist of separately designated condominium units , A condominium map shall be filed showing the location of said building and improvements on the real property interests, which is hereby made subject to this Declaration. Declarant does hereby establish a plan for the ownership of real property estates in fee simple consisting of the air space contained in each of the units in the building and the co- ownership , by the individual and separate owners thereof, as tenants in common, of all of the remaining real property interests , DECLARATION Declarant does hereby subject the real property interests described in Exhibit A to this Declaration and publish and declare that the following terms , covenants, conditions , easements , restrictions , uses, reservations , limitations and obligations shall be deemed to run with such land, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning are interest in the real property interests which are or become subject to this Declaration and improvements built thereon, their grantees , successors , heirs , personal representatives, devisees or assigns . 1 . Definitions . As used in this Declaration, unless otherwise expressly provided; (a) "Unit" means an individual air space unit contained within the perimeter walls , floors , ceilings , windows and doors of a unit in a building constructed on real property i..r. LAB00026 (g) Parking Areas . No vehicle of any type may be parked on the general common e fements except in parking spaces designated on the Map. No commercial type of vehicle and no recreational vehicles shall be stored or parked on the general common elements except in areas designated on the Map. A recreational vehicle shall include for purposes of this neelaration, motor homes , motor coaches, buses, pickup trucks with camper tops or similar accessories , boats , camping trailers or trailers of any type, Parking spaces shall be used only for parking automobiles and motorcycles and not for any other storage purposes. Motorcycles shall not be stored on patios, balconies or porches . (h) No Violation of Rules . No owner and no owner's family, guests, emp ogees, icensees, lessees, agents or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of units, the use of general common elements , or otherwise. ( i) Town of Vail Restrictions on Use . Pursuant to Section 17 .26 . 075 of t1e Municipa Code o t e Town of Vail, the use of units 8 through 18, inclusive, is hereby restricted and made subject to the following: M An owner ' s personal use of his or her condominium shall be restricted to 28 days during the seasonal period of December 24th to January lst and February lst to March 20th. This seasonal eriod is hereinafter referred to as "high season". 'Owner's personal use" shall, be defined as owner's occupancy of a condominium unit or non-paying guest of the owner or taking the condominium unit off of the rental market during the seasonal periods referred to herein for any reason other than for necessary repairs which cannot be postponed or which may make the condominium unit unrentable. Qccupancy of a condominium unit by an Association manager or staff employed by the Association, however, shall not be restricted by this subparagraph, ( ii) A violation of the owner ' s use restriction by an owner shall subject the owner to a daily assessment rate by the Association of three times a rate considered to be a reasonable daily rental rate for the condominium unit at the time of the violation, which assessment when paid shall be a special assessment belonging, to the Association. All sums assessed against the owner for violation of the owner' s personal use restriction and unpaid shall constitute a lien for the benefit of the 24 LAB00050 Association on that owner 's condominium unit, which lien shall be evidenced by written notice placed of record in the Office of the Clerk and Recorder of Eagle County, Colorado, and which may be collected by foreclosure, on an owner' s condominium unit by the Association in like manner as a mortgage or deed of trust on real property. The Association's failure to enforce the owner' s personal use restriction shall give the Town of Vail the right to enforce the restriction by the assessment and the *lien provided for hereunder. If the Town of Vail enforces the restriction, the Town of Vail shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney' s fees incurred. N (iii) The Town of Vail shall have the right to require from the Association an annual report of owners ' personal, use during the high seasons for all condominium units . (iv) The condominium units shall not be used as permanent residences . For the purposes of this subparagraph, a person shall be presumed to be a permanent resident if such person has resided in the condominium unit for six consecutive months notwithstanding from time to time during such six month period the person may briefly dwell in other places . (v) The condominium units shall remain available to the general tourist market. If unsold by Declarant 30 days after recording of the Map, the unsold condominium units shall be required to be furnished and made available to the general, tourist market within 90 days after the date of recording of the Map. This requirement may be met by inclusion of the units , at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town of Vail.. (vi) The restrictions in this subparagraph 21 ( i) shall be modified or terminated, to be of no further force and effect, at such time as the ordinances of the Town of Vail that require, the inclusion of such restrictions in this Declaration have expired, been repealed, finally determined to be invalid by a count of competent jurisdiction or 25 LAB00051 amended in such a manner as to permit removal or modification of such restrictions . Declarant reserves to itself and grants to the Association the right to modify or terminate the restrictions in this subparagraph 21(i) when permitted to do so under the circumstances described in the preceding sentence, and hereby agrees ;to so modify or terminate the restrictions in this subparagraph 21 (c) when permitted to do so by the Town of Vail. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this paragraph 21 shall be made by the Board and shall be final ; provided, however, that a decision whether or not a particular activity or occurrence occurring on, in or around units 1 through 7, inclusive, or on, in or around unit 19 shall constitute a V violation of this Paragraph 21 , shall be made only upon a reasonable determination based upon the requirements limiting action of the Board as set forth in subparagraph 6(b) herein. 22. .; . -ect of Provisions of Declaration. Each provision of this Dec arataon, atn agreement , promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration; (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any condominium unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any condominium unit by an owner, be deemed accepted, ratified, adopted and declared as a .personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives , successors and assigns ; and, shall be deemed a personal covenant to, with and for the benefit of the Association and of each owner of any condominium unit; and, (iii) shall'be deemed a real covenant by Declarant, for itself, its successors and assigns , and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every condominium unit . 23 , Enforcement and Remedies . Each provision of this Declaration shall be en ofcea le y the Association or by any owner by a proceeding for a prohibitive or mandatory injunction and/or by a suit or action to recover damages . If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys ' .. fees. Failure by the Associaki,on or by any owner to enforce any 26 LAB00052 7Y•,,fn IN WITNIsSS WHEREOF, Declarant has duly executed this Declaration this 2nd day of February, 1988 , VAIL VILLAGE INN IN C. 0 a y Colorado o p xwa ion Jose t •e res ent STATIC".OF COLORADO ) COUNTY OF EAGLE The foregoing; instrument was acknowledged before tse this ei 2nd day of February, 1988 , by Josef Staufex, as President of Vail 4'�'kgae inn, Inc . , a Colorado corporation. Witness my hand and official. seal.. •'t Y'1 '' MY Y expires ; •,! j • otary Pub is My Commission expires August 24, 1988 R 0, Box 743,Vail, CO 81668 The undersigned holder of certain deeds cif trust upon the property covered by this Declaration, recorded in Book 463 at Page 49X and at Book 463 at Page 882 of the records in the Office of the Eagle County, Colorado, Clerk and Recorder, hereby consents to the foregoing Declaration and subordinates its interest in the property described therein to the rights and obligations created thereby. Notwithstanding such consent and subordination, all the rights of Declarant in and to such property shall remain encumbered by such deeds of trust, :t'SEP,,La. FIRSTBANK OF VAIL BY Ke i.n P. McDonald, Vice President 28 LAB00054 ORDINANCE NO. 1 (Series of 1985) AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1976 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6; AMENDING THE PURPOSE SECTION OF SPECIAL DEVELOPMENT DISTRICT 6; ADOPTING AN AMENDED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; ELIMINATING CERTAIN REQUIREMENTS RELATING TO THE DISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; CHANGING THE HEIGHT REQUIREMENTS AND ALLOWABLE USES FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; INCREASING THE ALLOWABLE DENSITY AND MODIFYING THE BUILDING BULK STANDARDS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT 6; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COIIPICI!_ of the Town of Vail as follows: Section 1. Legislative Intent. A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 28, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No. 6 providea in Section 14 that Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in confornity with the ::^Wing Code of the Town of Vail . C. Application has been made to the Town of Vail to modify and.amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. D.. The Planning and Environmental Commission of the Town of Vail has reviewed the changes submitted by the applicant and has unanimously recommended that Special Development District No. 6 be so amended. E. The Town Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Town and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail . Section 2. Section 18.50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Ordinarily, a Special Development District will be created only when the development is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zonir°l. Section 18.50.040 Developmert Plan --- Contents is hereby amended to read as follows: The proposed development: plan shall include, but is not limited to, the following data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, II and III, and as supplemented by the exhibits of the development plan and the enviromental impact report as prepared by Gordon R. Pierce, Architect, and as given finaa approval through passage of second reading of this ordinance by the Town Council on February 19, 1985 for Phase IV. Section 3. Section 18.50.040 E is hereby amended to read as follows: E. For Phases I, II, and 1II, a volumetric model as amended by consultants Royston, Hanarnoto, Beck and Abey on February 12, 1976 of the site and proposed development: documented by photographs at a scale of I inch equals 16 fee" larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phase IV, a volumetric module as amended by Gordon R. Pierce, Architect of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phase IV to Che site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in SDD6 is hereby repealed and re-enacted with amendments to read as foil-ows-: 18.50.050 Permitted Uses. The Permitted Uses in Phases I, II, III and IV of Special Development District 6 shall be in accordance with the approved development plans on rile in the Town of Vail Cuff-munity Develoomen.t. nr,nartment, Section 5. Section 18.50.060 Conditional Uses in SDD6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.060 Conditional Uses Conditional uses for Phases I, IT, TII and IV of SDD6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. Except, no office uses, except those clearly accessory to a principal use will be allowed on the Plaza Level of Phase IV. Section 6. Section 18.50.110 Distance Between Buildings is hereby amended to read as follows: 18.50.100 Distance Between Buildings For Phases I, 1I, and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan but in no case shall be less that 50 feet. For Phase IV, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted Oy Gordon R. Pierce, Architect. Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phase IV, the maximum building height shall be as set forth i :.e approved development plan by Gordon R. Pierce, Architect. Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential door Area (GRFA) of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 175 accommodation unites and 72,400 square feet of GRFA devoted to accommodation units in Phase IV of Special Development District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lenghts, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants Royston, Hanamoto, Beck and Abey on February 12, 1975. For Phase IV, building bulk, maximum wall lenghts, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect. -4- ill Section 10. Section 18.50.180 Parking and Loading is hereby repealed and re- enacted with amendments to read as follows: 18.50.180 Parking and Loading There shall be no less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect. Section 11 . Conditions of approval for the development plan or Phase IV of SD06 as submitted by Gordon R. Pierce, shall be as follows: 1. That the developers and/or owners of Phase IV participate in and do not remonstrate against an improvement district for improvements to the inter- section of Vail Road and Meadow Drive if and when one is formed. 2. That the developers and/or owners of Phase IV participate in and do not remonstrate against establishing a pedestrian linkage from Phase IV to a future commercial expansion at the Kiandra Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for re- configuration of the pull-off area from the frontage road to the entrance to the hotel . 4. The board of directors of the Colorado Ski Museum and the developers come to agreement on terms for the relocation of the museum in Phase IV of the Vail Village Inn prior to the issuance of a building permit. In the event that the Ski Museum would vacate its space in Phase IV of the Vail Village Inn, the Town of Vail shall be given exclusive rights to assure the Ski Museum's lease of this space. It shall be understood that in the event the Town of Vail does assume the use of this space, all uses in the some be public purpose in nature. 5. The dev toper fund the demolition and landscaping of the museum site through one of two options: a) deposit to the Town a check for $15,000 to be used by the Town to complete the work, or b) the developer submit a landscape plan to the Town for approval to be completed as an element of the overall plan for Phase IV. 6. No grading permit, building permit or demolition permit relating to Phase IV of SDD 6 shall be issued until such time that reasonable evidence is provided the Town of Vail staff that construction financing for the improvements to be constructed as a part of Phase IV has been obtained. Section 12. If any part, section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such decision shall Yr 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, subsectionj, 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 13. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section_14. The repeal or the repeal and reenactment 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 cr re- pealed and reenacted. The repeal of any provision hereby shall not revive any provision or- any ordinance previously repealed or superseded unless ex- pressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 5th day of February, 1985, and a public hearing shall be held on this ordinance on the 19th day of February, 1985, at 7:30 p. m. in the Council Chambers of the Vail Municipal Building, Vail , Colorado. Ordered published in full this 5th day of February, 1985. %r' �•�._____. Ken R. Rose, Mayor Pro Tem ATTEST: Pamela A. Clrandmeyer, Town Cl k INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL This 19th day of Febraury, 1985. Paul R. Joh o Mayor ' AT* ST: Pamela A:ir andmeyer, Ton Clerk 0 0 m m 3� 0 o Q[s °• m 7 � A;,C°� o � - o 079n ° CD Q�t?�Qma C [mten O O a 3 J 7 N CC Qi Q 7 c)�. C vo :31.cm� u 11 �_.QO � _ m o o o�Q3°�m0Qy o�m g _ p• 9'1 �` b O ° Q°>>o mN� rn °�� J ° _ a m a nomoaTQa !� �ie 4 7' U @ Q a-r7 7'Cam?D Q 'D-,a I` Q m �. � -O NT3 -Q�O a p-+ Q Urn.v)C a p D o U 13DO���S�ggm2o :`��mCl o _ C- �. 4mQm(D V .. O. O n. a 19D m ID 0 o (D Q 7 n �4n=(DLj Ipv Q a 3 45, fl m�cCm6oH o Els n n m - a a mc�a0�aa., rOa92O;b in m - .. mA o rnC-.p",<�°��) ;g"• m °° ' w�3=3� ,g`W S) v-o'o+m sggo v u.im d KW DOrro�m Ap 9DApvDb-i m0 <mQ<mrjm� �•Eie:� wD�°N -. O?:aro°m=n_°v omc'=W :DN Dxz mzAOAVCn�Orn x, -x 3mxmmizz CYmO '�m- 'c d n3 n °'mc `' -c 111 m y w0`." ° 'Im fJ rm p DCmr2 AU n n ':mGCm Z D _ ' .. 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WHEREAS, Article 1, Section 1 .201, of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, established thirteen zoning districts for the municipality, one of which is the Special Development District; WHEREAS, Vail Village Inn, Inc. , a Colorado Corporation, submitted an application requesting that the Town establish Special Development District 6, hereinafter referred to as "SD6", for the development on its parcel of land comprising 3.455 acres in the Vail Village area, County of Eagle, State of Colorado, more completely described on attached Exhibit "A". WHEREAS, the establishment of the requested SR6, will ensure unified and coordinated development and use of a critical site as a whole and in a manner suitable for the area in which it is situated. WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish said SD6. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section T. Title This ordinance shall be known as the "Ordinance Establishing Special Development District 6". Section 2. Amendment procedures Fulfilled; Planning Commission Report. The amendment procedures prescribed in Section 21.500 of the Zoning Ordinance have been fulfilled, with the report of the Planning Commission re- commending the enactment of this ordinance. Section 3. Special Development District 6 Established; Amendments to Zoning Ordinance and Official Zoning Map. Pursuant to the provisions of Articles 1, 13, and 21 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as Town Glqrk amended, Special Development District 6 (SD6), a special development zoning district, is hereby established for the development on a certain parcel of land comprising 3.455 acres in the Vail Village area of the Town of Vail, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall become the seventh Chapter of Article 13, the caption of which shall be "Special Development District 6" and a map which shall become an addition to the Official Zoning flap. Section 4. Purpose of Special Development District. A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail , Colorado, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance of the Town; ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, and the development is regarded as complementary to the Town by the Town Council, Planning Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 5. Approval of Development Plan. A. The Development Plan for the Vail Village Inn which is part of its said application shall be incorporated by reference, and made a part of Special Development District 6 and constitutes a general plan and guide for development within the Special District. B. Amendments to the Approved Development Plan which do not change its substance and which are fully recommended in a report of the Planning Commission may be approved by the Town Council by resolution. C. The Environmental Impact Report and a supplemental report for each phase of construction which shall be submitted to the Zoning Administrator in accordance with Article 16 hereof, prior to the commencement of site preparation, building construction, or other improvements of open space. (1) Each phase of the development shall require review and recom- mendations of the Planning Commission and approval by the Town Council. D. Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Article 15 hereof. Each phase shall be reviewed by an outside consultant at the Town rk - 2 - expense of the developer, who shall give their recommendations 'to the Design Review Board. (1) The Development Plan shall be amended to reflect Architectural detail of each phase. Section 6. Content of Proposed Development Plan. The proposed development plan shall include but is not limited to the following data as amended by Exhibits provided by consultants, Royston, Hanamoto, Beck and Abey, on February 12, 1976. A. Existing and proposed contours after grading and site development having contour intervals of not more than 2 feet and preliminary drainage plan. Supplemental documentation of proposed contours and drainage shall be submitted to the Zoning Administrator with the plans for each phase of the development. B. A site plan, at a scale of 1 inch equals 40 feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off- street parking and loading areas. C. A preliminary landscape plan, at a scale of 1 inch equals 40 feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. D. Schematic building elevations, sections and floor plans, at appropriate scales, in sufficient detail to determine floor area, general circulation and use location, and general scale and bulk of the proposed development. Specific detail for these items and the appearance shall be submitted on a phase basis, E. A volumetric model as amended by Consultants, Royston, Hanamoto, Beck, and Abey on February 12, 1976, of the site and the proposed development documented by photographs, at a scale of 1 inch equals 16 feet or larger, portraying the scale and relationship of the development to the site, and il- lustrating the form and mass of structures in development. Supplementary volumetric models shall be submitted prior to construction of each phase to reflect existing and proposed development. kv Town C1 e - 3 - F. A phasing plan of the proposed development indicating order and general timing of construction phases, amenities, and proposed interim develop- ment. Section 7. Permitted Uses in the Special Districts. A. All permitted uses as defined in the Public Accommodation District, Section 7.200 of the Zoning Ordinance. Section 8. Conditional Uses in the Special District. A. All conditional uses as defined in the Public Accommodation District, Section 7.300 of the Zoning Ordinance, and subject to the issuance of a Conditional Use Permit in accord with the provisions of Article 18 of the Zoning Ordinance. Section 9. Accessory Uses in the Special Districts. A. All accessory uses as defined in the Public Accommodation District, Section 7.400 of the Zoning Ordinance. Section 10. Development Standards. The following development standards are minimum development standards in the Special District: A. Lot area and site dimensions. The Special District shall consist of an area totalling 3.455 acres as specified in Section 3 hereof. B. Setbacks. The required setbacks shall vary as indicated in the Development Plan, providing space for planting and an acceptable relationship to adjacent properties. Portions of the commercial space may abut the south property line. C. Distances between buildings. The minimum distance between buildings on adjacent sites shall be as indicated in the Development Plan but in no case shall be less than 50 feet. D. Height. (Story shall be as defined by the Uniform Building Code.) Of the allowable site coverage for the development, the following are allowable heights in stories for the structure as outlined on the Development Plan. Maximum height Area A - 5 stories: (Maximum elevation range of 155 feet Cto 158 feet from a base elevation of 95 feet); maximum height Area B - 3 stories, Town Elerk -4- (maximum elevation range of 135 feet to 140 feet from a base elevation of 95 feet); maximum height Area C - 4 stories (maximum elevation range of 139 feet to 144 feet from a base elevation of 95 feet); maximum height Area R - stepdown areas shall be lower than the areas which they adjoin and descending in height to the end of the building mass in an acceptable relationship to the remainder of the site and shall not exceed the following maximum: west step-down area - 3 stories to 2 stories with maximum elevation range of 117 feet to 126 feet from a base elevation of 86 feet; north step- down area - 3 stories with maximum elevation range of 135 feet to 140 feet from base elevation of 95 feet; east step-down area - 4 stories down to one story with maximum elevation range of 100 feet to 140 feet from a base elevation of 86 feet; end line of east step-down area not to exceed Crossroads at Vail setback. In no event shall the total average height of the project exceed 45 feet; maximum height for Area E - (commercial space) the dominant height shall be 2 stories allowing accent elements to form an acceptable relation- ship to the project. The intent of the height limits and ranges is that the building complex should be as low as possible. At this level of detail it is not realistic to tie down a precise maximum elevation. Final designs with regard to elevation will depend upon further detail study and pro- jection of the building-mass onto photos of the actual site conditions. The massing respects the spirit of what is desired and final heights will be established based on final decision. The shopping intent is to maintain the village quality and to maintain the two story elevations as the pre- dominant height. This height can vary upward or downward by half a level. Town C erk -4a- E. Density Control. The gross residential floor area (GRFA) of all buildings constructed in the Special District shall not exceed 100,000.00 square feet. The gross residential floor area devoted to accommodation units shall exceed the gross residential floor area devoted to dwelling units. If total gross residential floor area is devoted to accommodation units the number of accommodation units i shall not exceed 300. F. Building Bulk Control , Building Bulk, maximum wall lengths, maximum dimensions for building elements, requriements for wall offsets and vertical stepping of roof lines shall be indicated on the Bulk Diagram of the approved Development Plan. G. Site Coverage. The site area to be covered by buildings shall be as generally indicated on the Development Plan, but in no case shall exceed 554- of the total site area. H. Useable Open Space. Useable open space shall be provided as required in the Public Accommodation District, Section 7.508 of the Zoning Ordinance. I. Landscaping and Site Development. At least 30%of the total site area shall be landscape and plaza area. Landscaping and other site development shall observe the landscaping concept as indicated in the approved Development Plan. J. Parking and Loading. (1) Parking and loading shall be provided as required in the Public Accommodation District, Section 7.510 and consistent with the provisions of Article 14 of the Zoning Ordinance. All required parking shall be within the main building or buildings or beneath accessory decks, plaza and patios except the minimum necessary for registration and temporary loading and unloading. (2) Parking shall .be provided for Charter Buses.. (3) Loading, delivery, and garbage facilities shall be off- street and within the structure as indicated on the Development Plant. Section 11. Limitation on Fireplaces. Fireplaces shall not be permitted in individual accommodation units. Section 12. Conservation Controls. A. Developer shall include in the building construction energy and water conservation controls as general technology exists at the time of construction. Town C1 k - 5 - Section 13. Recreational Amenities Tax. The recreational amenities tax due for the development within SD6 under Ordinance No. 2, Series of 1974 of the Town of Vail , Colorado, shall be assessed at a rate not to exceed $0,75 per square foot of floor area and shall be paid in conjunction with construction phases and prior to the issuance of a building permit. Section 14. Limitation on Existence of Special Development District 6 Prior to the adoption of the Approved Development Plan, the Town Council reserves to the Town the right to abrogate or modify Special Development District 6 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD6, the procedures shall be in accord with Article 21 hereof. Section 15. Amenities. A. Developer shall provide in its approved Development Plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. B. Swimming pool of adequate size to reasonably serve the needs of the development. l Section 16. Effective Date This ordinance shall take effect five days after publication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 2nd day of March, 1976, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado on the 16th day of March, 1976, at 7:30 P.M. in the Municipal Building of the Town of Vail. TOWN OF VAIL BY: Chn A. Dobson, Mayor ATTEST: Town c erk Towh C erk - 6 - "EXHIBIT A" LEGAL DESCRIPTION - VAIL VILLAGE INN All of Lot M and Parts of Lots N, 0, and P, Block 5-D, Vail Village First Filing, Town of Vail, Eagle County, Colorado, more particularly described as follows: Commencing at the Northwesterly corner of Lot N, said Block 5-D; thence S79046'00"E and along the Northerly line of said Lots N and 0, 175.00 feet to the true point of beginning; thence continuing along the aforesaid course 327.61 feet to the Northwesterly corner of said Lot P; thence continuing along the aforesaid course and along the Northerly line of said Lot P 44,90 feet; thence 308017'43"W, 65.12 feet; thence S50011 '32"W, 44.41 feet to a point of intersection with the Westerly line of said Lot P; thence S00023'00"C and along said Westerly line 216.28 feet to the Southwesterly corner of said Lot P; thence N82035'00"W and along the Southerly line of said Lot 0 and said Lot M and along a curve to the left having a radius of 545.87 feet, and a central angle of 21032'00", an arc distance of 205.15 feet to a point of tangent; thence along the Southerly line of said Lot M and along said tangent S75053'00"W 77.39 feet to a point of curve; thence along said Southerly line and along a curve to the right having a radius of 20.00 feet, a central angle of 103044'00", an arc distance of 36.20 feet to a point of tangent; thence along said tangent and along the Westerly line of said Lots M and N, N00023'00"W, 243.21 feet; thence S79046'00"E 147.36 feet; thence N10014'00"E 147.43 feet to the true point of beginning, containing 3.455 acres, more or less, together will all improvements located thereon and subject to a 10 foot utility easement along the Northerly boundary thereof. f� i` Town Cl rk J INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED BY Titlo this 16th day of March, 1976, TOWN OF VAIL �A //W r By: f n A. D on, Mayor ATTEST: TOWN ICLERK � �` Attachment B ORDINANCE NO. 14 Series of 1987 AN ORDINANCE AMENDING ORDINANCE NO. 1, SERIES OF 1985 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6; ADOPTING AN AMENDED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, ELIMINATING CERTAIN REQUIREMENTS RELATING TO THE DISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; CHANGING THE HEIGHT REQUIREMENTS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; CHANGING THE ALLOWABLE DENSITY AND MODIFYING THE BUILDING BULK STANDARDS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PHASE IV AND V OF SPECIAL DEVELOPMENT DISTRICT NO. 6; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, RE IT ORDAINED BY THE TOWN COUNCIL of the Town of Vail as follows: Section 1, Legislative Intent is hereby repealed and reenacted with amendments to read as follows: Section 1. Legislative Intent A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No.6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance #1, Series of 1985, providing certain amendments to the development plan for SDD N0, 6. D. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. E. The Planning and Environmental Commission of` the Town of Vail has reviewed the changes submitted by the applicant and has recommended that Special Development District No. 6 be so amended. F. The Town Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Town and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail. • Section 2. Section 18.50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Ordinarily, a special development district will be created only when the development -is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 18.50.040 Development Plan -- Contents is hereby amended to read as follows; The proposed development plan shall include, but is not limited to, the following data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, I1, I11, and as supplemented by the exhibits of the development plan and the environmental impact report as prepared by Gordon R. Pierce, Architect, (plans dated February 19, 1987, revised April 14 and April 22, 1987), and as given final approval through passage of second reading of this ordinance by the Town Council on May 19, 1987 ror Phase IV and Phase V. This approval recognizes that Phase IV may be constructed in two phases with the first phase to be referred to as Phase IV and the final phase to be referred to as Phase V. Section 3. Section 18.50.040 E is hereby amended to read as follows: E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 of the site and proposed development documented by photographs at a scale of 1 inch equals 16 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phases IV and V, a volumetric model as amended by Gordon Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phases IV and V, to the site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in Special Development No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.050 Permitted Uses The permitted uses in Phases I, I1, III, IV and V of Special Development District 6 shall be in accordance with the approved development plans on file in 1 1 0 the Town of Vail Community Development Department. Section 5. Section 18.50.060 Conditional Uses 'in Special Development District No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.060 Conditional Uses Conditional Uses for Phases I, II, III, IV and V of Special Development District No. 6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. Except, no office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV and V. Section 6. Section 18.50.110 Distance Between Buildings is hereby amended to read as follows: 18.50.110 Distance Between Buildings For Phases I, II and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan, but in no case shall be less than 50 feet. For Phase IV AND V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (dated February 19, 1987, revised April 14 and April 17, 1987). Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Gordon Pierce, Architect (dated February 19, 1987, revised April 14 and April 17, 1987). Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential Floor Area (GRFA) of all districts in the Special I Development District shall not exceed 120,600 square feet. There shall be a minimum of 148 accommodation units and 67,367 square feet of GRFA devoted to accommodation units in Phase IV and V of Special Develoment District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants Royston, lianamoto, Beck and Abey on February 12, 1975. For Phases IV and V, building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). Section 10. Section 18.50.180 Parking and Loading is hereby repealed and reenacted with amendments as follows: 18,50.180 Parking and Loading Following the completion of Phases IV and V, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect (dated February 19, 1987). The proposed site plan dated February 19, 1987 reflects the interim parking plans between the development of Phases IV and V. Section 11 is hereby repealed and reenacted with amendments to read as follows: Section 11. Conditions of approval for the development plan of Phases IV and V of SDD6 as submitted by Gordon Pierce (dated February 9, 1985, revised April 14 and April 22, 1987), shall be as follows: 1. That the developers and/or owners of Phases IV and V participate in and do not remonstrate against an improvement district for improvements to the intersection of Vail Road and Meadow Drive if and when one is formed. 2. That the developers and/or owners of Phases IV and V participate in and do not remonstrate against establishing a pedestrian linkage from Phases IV and V to a future commercial expansion at the Sonnenalp Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for reconfiguration of the pull-off area from the Frontage Road to the Entrance to the hotel prior to the issuance of a building permit for Phase V. 4. The developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances, such condominium unit of approximately 3,986 sq. ft. in size and to be located as indicated on the plans and specifications submitted with the application. There shall be no provisions placed on the condominium unit restricting the Town of Vail 's use of the unit or the subsequent subdivision and/or sale of the unit. -4- 0 5. No grading permit, building permit or demolition permit relating to Phases IV or V of Special Development District No. 6 shall be issued until such time that reasonable evidence is provided the Town of Vail staff that construction financing for the improvements to be constructed as part of Phases IV or V has been obtained. 6. Restrictions on any units in Phases IV or V which would be condominiumized shall be as outlined in Section 17.26.075 of the Vail Municipal Code and any amendments thereto. 7. Upon the issuance of a building permit for the construction of any phase of SDDil6 subsequent to Phase IV, the developer and/or owner of said phase shall reimburse the Town of Vail for expenses incurred in facilitating the relocation of the ski museum (into Phase IV) of an amount not to exceed $75,000. S. Any remodel or redevelopment of the remaining portion of SDD6 commonly referred to as Phase V shall include parking as required by Ordinance 1, Series of 1985. Section 12. 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 valildity 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 13. The repeal or the repeal and reenaction 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. 0 INTRODUCED, READ AND PASSED ON FIRST READING THIS 5th day of May, 1987 , and a public hearing shall be held on this ordinance on the 19th day of May 1987 at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Order d i'she - i.n ,u]1 this 8th day of May 1987. Paul R. Jo. ton, Mayor ATT1-ST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 19th day of May 1987. Paul R. & ston, Mayor Al-T ST: Pamela A. Brandmeyer, 'Town Clerk lAttachment TO: Planning and Environmental commission FROM.* Community Development Department DATE: April 20,1987 SUBJECT: A request to amend Special Development District 6, Vail Village Inn, Phase 4. Applicant: Mr. Josef Staufer Final approval for the last phase of Vail Village Inn (Phase 4 of SDD6) was granted by the Town Council in February of 1985. An 18 month extension of this approval was granted in January, 1987 for the exact plan that was previously'approved. In general terms, the approval of Phase 4 involved the demolition of the existing hotel, Pancake House, and Food and Deli. To be constructed were 175 accommodation units, approximately 16,000 square feet of retail space, and 324 underground parking spaces. The construction of this final phase was to have completed all development potential as established by ordinance, for this property. Application has been made for a number of amendments to the existing ordinance governing the development of this property, as well as approval for the phased development of the project. Planning Commission action on this request involves making recommendations to be passed on to the Town Council for their final review. The following memo outlines the issues related to these requests for both the proposed amendments and the proposal to phase the development of the project. DESCRIPTION OF THE PROPOSED PHASING PLAN The existing approval for Phase 4 was presented and approved to be constructed in one phase. The applicant has stated that it is his desire to complete this final phase in three separate phases as oppposed to one. However, at this time information is provided for only one of the three phases that are being contemplated. The first phase proposed involves the construction of a building located at the corner of Vail Road and East Meadow Drive. This structure would be connected to the existing Food and Deli portion of V with a second and third floor skyway. The building closely resembles the previous approval in terms of design and how it would be connected to the main portion of the hotel. There are a number of issues that will need to be addressed relative to this phasing plan. They include the following: 1. De�s�n A great deal of time and effort went into reviewing the massing and siting of this structure during the previous approval in 1985. The goal of these efforts was to ensure a design that was consistent with the original development plan adopted for this site in 1976. Generally, it was the intention of this plan for the property to be developed with greater densities and mass along the Frontage Road and a gradual "stepping down" of structures toward Meadow Drive. While this structure along Meadow Drive has been modified from the original approval, staff feels these design changes are minor and still in keeping with the intent of the original plan for SDD6. 2. Interim Chances to the site in the area of the proposed Meadow Drive structure include a slight relocation of the access off of Vail Road, the introduction of a loading zone, and the removal of approximately 1,000 square feet of landscaped area to provide additional surface parking. The proposed location for the loading zone is directly adjacent to Vail Road. From a design standpoint, this location is unacceptable to the staff. Concerns over this location center around the high visibility of the loading zone in relation to vehicular and pedestrian ways. There is also a strong concern over the removal of landscaped area to provide for surface parking. The introduction of additional surface parking is inconsistent with the desired goals for Vail Village as well as the previously approved plan for this project. The significance of this additional parking is magnified by the fact that mature evergreen trees would be removed to accommodate it. 3. Parking The staff has a number of concerns with the parking solution as proposed with this phasing plan. These concerns center around the project's overall deficiency in providing parking on site, the utilization of a tremendous number of valet spaces during the interim plan, and the notion of adding additional development to this project with no appreciable gain in on-site parking. To date, this project has developed in three phases and over the course of this development has fallen short of its required on-site parking. Phases 1 and 2 (predominantly the commercial areas along Meadow Drive) were developed without on-site parking. The 2 development of Phase 3 involved a total of 106 structured spaces. These 106 spaces were over and above what was required for Phase 3 development (condominiums along the Frontage Road) . it was intended that the development of the additional spaces would go toward making up some of the short fall that existed from Phases I and 2. As the Planning Commission is probably aware, existing restrictions on access to this structure has limited the utilization of these spaces and, as a result, done little to make up for the existing short fall on the site. We are now asked to review additional development on the property, again with little actual new parking being provided. The following table outlines in greater detail the parking situation for the Vail Village Inn. EXISTING CONDITIONS (PARKING) Phase Use Sq Ft Spaces Req_, Spaces Exist. 1 Comm. 16,128 53 0 2 Comm. 6,473 21 0 Resid. 4 condos 8 0 3 Comm. 10,600 34 106 (structure) Resid. 29 condos. 47 VVI Hotel, Deli, etc. Com/rest 5,610 23 65 (surface) Hotel 52 units 37 223 171 lst phase of Phase 4 Comm. 4,765 16 0 Resi. 14 units 28 44 0 267 171 (multi-use credit) 13 254 The information for this table was derived from data compiled during the last review of Phase 4. The number of spaces provided do not reflect the valet spaces as proposed with this application. 3 The following table outlines in greater detail the proposed valet parking. The parking section of the zoning code requires clear and unobsructed access to on-site parking provided within a development. An exception to this can be granted when valet service is provided. There are no other standards related to the utilization of valet parking outlined in the code. As an interim solution to parking, the applicant has proposed the introduction of valet parking throughout the project. When considekinq these valet spaces, the following charYges are 'made to the parking provided on site: PARKING PROPOSED WITH THIS PHASE Phase Total Clear Access Valet # Spaces Spaces Spaces Valet 1 0 0 0 0 2 0 0 0 0 3 135 51 84 62% Surface 60 40 20 33% Spaces 195 91 104 53% As demonstrated by this table, over one half of the parking spaces provided on site will require valet service to be utilized. This percentage is unacceptable to the staff. While a portion of valet parking for a lodge is acceptable, it is infeasible to think that valet parking is workable or appropriate for meeting the demands for commercial space for this development. The realities of the existing situation on this property are that a maximum of 64 surface spaces are accessible for all the commercial uses on the site. This is assuming that the 106 spaces within Phase 3 are unaccessible to the general public. In addition, of the 64 surface spaces on site, a good percentage of those are restricted to specific tenants. For all practical purposes, there is no additional parking being provided for these commercial uses. Another aspect of the valet parking proposed on the surface lot is the amount of trip generation that will occur between the properties. Assuming that the valet service will be based out of the front desk of the hotel, the utilization of valet spaces adjacent to the Food and Deli would require a doubling of necessary trips through the 4-way stop. This trip generation is serving to congest an intersection that is already at capacity many times of the year. 4 REQUESTED AMENDMENTS TO THE APPROVED DEVELOPMENT PLAN A number of amendments have been requested to Ordinance #1, 1985. This ordinance established the development plan, statistics, and conditions of approval relative to the initial review of this project. While many of these amendments are minor, a number of them have implications relative to the development of Phase 4. The original ordinance and a copy of the applicant's amendments requested have been attached to this memorandum. The following is the staff's response to each of these amendments. Amendments 1, 2, 3, 5 and 6 are merely housekeeping amendments to recognize the amended plans as submitted for this first phase of the competion of the project. In many cases the ordinance makes reference to the approved plans as previously submitted. These references address issues such as distances between buildings, proposed locations and design of structures, parking provisions, etc. The staff feels there are no pertinent issues relative to the above amendments. Amendment 4. This amendment refers to the density permitted within Phase 4 of the Vail Village Inn project. The existing ordinance reads as follows: The gross residence floor area (GRFA) of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 175 accommodation units and 72,400 square feet devoted to accommodation units in Phase 4 of SDD6. With respect to this particular section of the ordinance, the GRFA numbers were previously established with the 72,400 square feet available in Phase 4 being the difference between what is existing in other phases and the overall allowable. A minimum of 175 accommodation units were specified in the ordinance to insure that accomodation units be provided in the development of Phase 4. The amendment requested by the applicant would allow for the development of dwelling units in this phase of Phase 4. As proposed, the second, third and fourth floors of this structure would accommodate 14 units, each with at least one lock-off unit. staff concern with this approach centers around the utilization and ownership of these units. As per the written application we have received, the units could be condominiumized with no restrictions on owners' use or any requirements to manage these units in some type of short term rental pool. While it is true that accommodation units could be condominiumized, the condo conversion ordinance establishes restrictions on owners' use as well as requiring the units to participate in a rental pool. As proposed, there are no assurances that these units would not be developed, sold to individual owners, and not participate in a rental pool. Under this scenario, this proposal is a dramatic departure from the intent of ordinance #1, 1985 as it is presently written. Amendment #7 This amendment addresses the seven conditions of approval that were established during the last review of this proposal. of concern to the staff are amendments proposed to conditions No. 5 and 6. These conditions address the relocation of the ski museum as part of the development of Phase 4. The existing conditions are worded as follows; 4. "The board of directors of the Colorado Ski Museum and the developers come to an agreement on terms for the relocation of the Museum in Phase 4 of the Vail Village Inn prior to the issuance of a building permit. In the event that the ski museum would vacate its space in Phase 4 of the Vail Village Inn, the Town of Vail shall be given exclusive rights to assume the Ski Museum's lease of the space. It shall be understood that in the event the Town of Vail does assume the use of this space, all uses in this space shall be of public purpose in nature." 5. The developer fund the demolition and landscaping of the museum site through one of two options: a. Deposit to the Town a check for $15,000 to be used by the Town to complete the work, or, b. The developer submit a landscape plan to the Town for approval as an element of the overall plan for Phase 4. The relocation of the Ski Museum became an essential element of the redevelopment plan during the last review of this proposal. This was the result of trying to find a balance between the needs of the developer and the original design plat for this property. Generally speaking, the design plan adopted for this site emphasized the massing of structures to step down from the Frontage Road to East Meadow Drive resulting in a pedestrian scale of buildings along the Meadow Drive pedestrian corridor. In addition, this plan called for a substantial amount of landscaped open space at the southwest corner of the property. The developer's program for the building necessitated placing a structure in this portion of this property and the solution 6 proposed was to relocate the Ski Museum to free up that site to be developed as a park. After much discussion, this was agreed to as a reasonable compromise maintaining the integrity of the design plan as well as meeting the needs of the developers. The two conditions of approval were designed to ensure that the Ski Museum would be relocated and that the site be landscaped in conjunction with the development of this project. These assurances came in the form of requiring the Ski Museum to agree to the move before construction was initiated and through the funding of improvements to the Ski Museum site. The commitment by the developer to provide these-conditions was seen as a trade off for the opportunity to develop what was intended to be a landscape portion of the site. The applicant has proposed the following amendment to these conditions: "The developers and/or owners of Phase 4 agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances. Such condominium unit shall be approximately 3986 square feet in size and shall be located as indicated on the plans and specifications submitted with the application." The applicant has also requested that Condition #5 (that the developer fund or provide the landscaping of the Ski Museum site) be completely deleted. While the developer is still proposing to provide the space for the Ski Museum, the Town has lost all assurances that the Ski Museum will in fact occupy that space and vacate its existing building. In addition, the burden of removing the existing Ski Museum structure and landscaping the site has now fallen on the shoulders of the Town or some other entity. Both of these conditions were established to accommodate the desires of the developer to construct Phase 4 in locations that were designated as open space. Two years ago during the final review of this project, it was agreed upon by all parties that the relocation of the Museum become the developer's responsibility. These conditions will effectively absolve the developer of that responsibility. STAFF RECOMMENDATION During the last review of this project in 1985, the staff strongly supported the approval of the project. That proposal involved predominantly structured parking to accommodate all phases of Vail Village Inn, a commitment to develop accommodation units, and strong assurances that the relocation of the Ski Museum woubd be provided in conjunction with this development. The phasing proposal submitted at this time falls short on each of these considerations. While it may be feasible to mitigate the issue over the units by instituting use restrictions, and the Ski Museum may be resolved through further negotiation between the developer and the Ski Museum, staff feels strongly that the issue of parking is not being solved through the implementation of valet service. We are bound to view this proposal as what possibly could be built out of the project. As a whole, the project has been deficient in parking for a number of years. To allow additional development on the site without additional parking would be nothing short of irresponsible. For years the parking that is not provided on this site has been made up somewhere within. the Town. one can assume that adjacent properties and the Town parking structure have absorbed this burden. With the ever increasing utilization of the Town structure, it is simply infeasible that any additional burden be placed on this facility by allowing private development to proceed without carrying its fair share of 'the parking requirements. Although the staff remains positive regarding the quality of the overall previously approved project and we recognize that our concerns could be mitigated in the future by immediate follow- through with the next phase, it is our responsibiity to fairly evaluate this proposal as if this is the final product. With this in mind and to be consistent with our position on similar proposals, we cannot support the present proposal. Staff recommendation for this phasing program and the proposed amendments is denial. e ago la ADDS UM TO-AU&NMQU a AME MEN .M .M .M E A ELOP The following changes need to be made to Ordinance No. I Series of 1985 in order to proceed with the proposed structure to be located on Meadow Drive. 1. In Section 2 additional reference should be made to the current set of plans as submitted for the proposed structure located on Meadow Drive. I would assume that this could be called the new Phase IV and the remaining portion of the project would be referred to as Phase V. 2. In Section 6 the paragraph makes reference to Phase IV regarding the minimum distance between building, the only thing that should be added should be possibly a date of the current plans as submitted. 3, In Section 7 Subparagraph B, once again Phase IV would be the current Phase IV with the plans dated accordingly. 4. In Section 8 the 120r600 sq.ft. of GRFA should remain the same, 175 accommodation units should also remain the same, however, the 72,400 sq.ft. should be reduced by the sum of 5,378 sq.ft. which represents one-half of the total square footage of GRFA in the current Phase IV, This amount of square footage has been devoted to units with a kitchen. The 72,400 sq.ft. should therefore be amended to read 67r022 sq.ft. 5. In Section 9 the language pertaining to Phase IV should once again make reference to the plans submitted by Gordon R. Pierce with the current date on such plans. 6. Section 10 should be amended to reflect the current parking plan on the set of plans submitted with our application. 7 . In Section 11 regarding conditions of approval the following changes should be made: a* Once again Phase IV should be reflected ected by the current set of plans submitted by Gordon R. Pierce** b. Subparagraph one should remain the same. C. Subparagraph two should remain the same. d . Subparagraph three remains the same, however, we are not in need of such approval during this phase and that approval would only be necessary upon the development of the next phase. e. Subparagraph four should be deleted. The following language should replace the existing Subparagraph four: The developers and/or owners of Phase IV agree to transfer by General Warranty Deed to the Town of Vail free and clear of all liens and encumbrances. Such Condominium unit shall be approximately 3#986 sq.ft. in size and shall be located as indicated on the plans and specifications submitted with the application. There would be no restriction on the Deed for the use by the Ski Museum# howeverr the space should be used for some public purpose by the Town of Vail. f. Subparagraph five would be deleted. g. Subparagraph six can stay the same. Attachment D PLANNING AND ENVIRONMENTAL COMMISSION April 20, 1987 1: 30 P.M. SITE VISITS 3 : 00 P.M. PUBLIC HEARING 1. Approval of minutes of March 9 and March 23 . 2 . a. A request to adopt rules of procedure for home occupancy revocation hearings. b. Consideration of a request for a stay of execution of the order of the zoning administrator revoking Vail East Rentals, Inc. home occupation permit and establishment of a date to hear the appeal of the revocation of the East Vail Rentals, Inc. home occupation permit. 3 . A request for a conditional use permit in order to construct a parking lot on top of the west half of the Upper Eagle Valley Water and Sanitation water plant located at 846 Forest Road. Applicant: Upper Eagle Valley Consolidated San Dist. 4 . A request for a side setback variance in order to construct a residence on Parcel B, a resubdivision of Lots 14 and 17, Block 7 , Vail Village lst Filing Applicant: Mr. and Mrs. Michael Tennebaum 5. A request for front, side, rear and stream setback variances, a site coverage variance, a gross residential floor area variance and a variance from required landscaping in order to construct additions on Parcels A and B, Lot 3 , Block 1, Vail Village lst Filing. Applicant: Jerome A. Lewis, Downing Street Foundation 6. A request to amend Special Development District No. 6, Vail Village Inn, located at 100 East Meadow Drive. Applicant: Josef Stauffer 7 . A request for setback variances in order to construct additions to the property at Lot 2 , Block 1, Vail Village lst Filing. Applicant: Howard, Judy and Steven Berkowitz 8. A request for a side setback variance in order to construct a garage at 325 Forest Road. Applicant: Tim Drisko 9 . A request to amend the zoning code in order to add a new zone district to be entitled "Hillside Residential" . Applicant: Town of Vail • PLANNING AND ENVIRONMENTAL COMMISSION April 20, 1987 PRESENT STAFF PRESENT J.J. Collins Peter Patten Diana Donovan Tom Braun Pam Hopkins Rick Pylman Peggy Osterfoss Kristan Pritz Sid Schultz Betsy Rosolack Jim Viele ABSENT Bryan Hobbs The meeting was called to order by the chairman, Jim Viele. 1. Approval of minutes of March 9 and March 23 . Diana Donovan moved and J.J. Collins seconded to approve the minutes of the meeting of March 9. The vote was 6-0 in favor. Diana Donovan moved and Peggy Osterfoss seconded to approve the meeting of March 23 . The vote was 6-0 in favor. 2 . a. A request to adopt rules of procedure for home occupancy revocation hearings. Larry Eskwith, Town Attorney, explained that for the first time, a home occupancy permit revocation was being appealed. He explained that this would be a quasi-judicial hearing and the PEC would act like a judge and would decide whether or not to uphold or overturn the revocation of the license. Larry gave the Planning Commission a list of rules of procedure. Diana Donovan moved to adopt the "Commission Regulations Setting Forth Procedures Applicable to Appeals of the Revocation of Home Occupancy Permits by the Zoning Administrator. " The motion was seconded by Pam Hopkins and the vote to adopt was 6-0 in favor. 2 . b. Consideration of a request for a stay of execution of the order of the zoning administrator revoking Vail East Rentals, Inc. home occupation permit and establishment of a date to hear the appeal of the revocation of the East Vail Rentals, Inc. home occupation permit. Larry Eskwith, Town Attorney, explained that he felt there was no harm done by granting a stay of execution, since there would probably not be very much business until. June. Diana Donovan moved and Pam Hopkins seconded to hold the hearing of this license on May 27 at 3 : 00 PM. The vote was 6- 0 in favor of this date. . 3 . A request for a conditional use permit In order to construct a arkin lot on top of the west half of the Upper Eagle Valley Water and Sanitation water plant located at 846 Forest Road. Applicant: Upper Eagle Valley Consolidated Sanitation District Peter Patten explained that this building was located in the PUD zone district and the Planning Commission sets the standards for this zone district as applicable. UEVCSD wished to relocate their parking facility from Town of Vail land and Vail Associates property to their own property. He showed site plans and explained that the staff was concerned that there be some type of screening to the west as well as to the north. Dave Mott, applicant, stated that he had no problem with landscaping to buffer the view to the north, but it was difficult to do now until the width of the road is known. He felt that UEVCSD should not be asked to submit a bond to the Town of Vail since he felt this was inappropriate between two government entities, but was willing to submit a letter of credit. He added that he would be willing to raise to 42" the rail on the parapet wall to the west, but felt that no amount of screening would be adequate to hide the parking from the building to the west. Peter stated that a bond was standard procedure with everybody, but that a letter of credit would be fine. He added that some buffer to the west was important for future development on the adjacent property. Peter presented the parking proposal to the Town Council, and they had no problems with the proposal. Pam Hopkins was concerned about having enough landscaping to the north and having it done well. She felt that with the new road so close to the existing road, enough landscaping was very important. Sid Schultz and Diana Donovan agreed. Peggy Osterfoss stated that she did not feel comfortable approving the request until she had more information on the final design of the new ramp and whether or not there would be enough room to landscape the area for adequate screening. J.J. Collins ' main concern was with making certain that there would be enough landscaping provided when the Highway Department's design was completed. He felt that there really was no way to plan the landscaping without State Highway Department input. J.J. 's second concern was with screening the lot to the west. He felt that with the present conditions, the proposed parapet wall was adequate, but was concerned that future use of the property to the west would change the • • required screening. Peter's concern was that in the future the Town could not go back and ask for more or different screening. J.J. moved to approved the request for the conditional use permit conditional upon Design Review Board review and in light of requirements for landscaping on the north property line, especially as it would be related to the new exit. Also required would be a letter of credit from the applicant. The motion was seconded by Pam Hopkins and the vote for approval was 5-0. 4 . A request for a side setback variance in order to construct a residence on Parcel B, a resubdivision of Lots 14 and 17, Block 7, Vail Village First Filing. Applicants: Mr. and Mrs. Michael Tennenbaum Rick Pylman showed site plans and explained that the applicant was requesting a 10 foot variance from the 15 foot side setback requirement for a lot which had recently been created by the applicant. Rick stated that the applicants also owned the property to the east (Parcel A) and were willing to restrict development on Parcel A to a distance of 25 feet from the property line by use of a deed restriction or covenants. Rick explained that the staff requested that this area be left as . undisturbed open space, but the applicants declined to leave this buffer undisturbed. Rick also stated that the side setback area requested for encroachment contained several fairly significant natural features, including two large spruce trees. The staff recommendation was for denial of the side setback variance because they felt there was no physical hardship driving the side setback encroachment and felt it would be a grant of special privilege. Jay Peterson, representing the applicants, stated that the applicants could have achieved the requested setbacks if they had requested a special development district, but had preferred to go through a subdivision process instead. They felt that any problems could be achieved through the variance procedure. He felt the integrity of the setbacks was being maintained. J.J. Collins stated that he did not see why a building could not be designed in such a way that it remained within the setbacks and did not destroy large trees. Jay replied that this was the area in which to place the house to take advantage of the views. J.J. pointed out that the applicant had a clear lot on which to build and plenty of room. Jay replied that when the trade-offs became too great, they decided to ask for a variance. He added . that hundreds of hours were spent on various schemes on all three sites. L Peggy asked if there was any interest in protecting the two evergreen trees that would be lost. Jay replied that they were already spending a lot of money on landscaping. Peggy said J.J. did a good job of expressing her views. She felt that she would work with the proposal if the lost landscaping would be replaced. Jay stated that a landscaped buffer could be a condition of approval. Kurt Cegerberg stated that they were trying to bring landscaping into the building area and attention would be paid to bring landscaping into the buffer area. Diana felt it was too bad that the applicant first created the lot and then could not design a house to fit the lot. Jay replied that he could have asked for a special development distict and gotten rid of the property line and kept within the interity of the zone code and received approval. He added that he would rather use the variance procedure as long as he could keep the integrity of the zone code. Sid shared a lot of the feelings the other members stated. He wished it hadn't gotten to this state, but felt if there was a 30 ' buffer between the houses, it would preserve the distance factor. He added that he did not feel driven to preserve the . rock outcropping. Pam felt that there was no hardship on which to base the granting of a variance. Jay replied that any time the PEC is given a variance, they look at it on a site by site basis, that each project stands alone. Jim Viele agreed with Jay with respect to the proces. He added that if there is no objective judgement involved, there would be no variance procedure. He stated that in the overall view, the purpose of the setbacks is to maintain the distance of separation between dwellings. He wondered if the project would be a better one if it conformed to the setback regulations and added that he would rather see the house where is was proposed to be rather than take out additional trees. J.J. asked why the house was sited where it was on Parcel A to the west, and Kurt replied that they were trying to pick up views of Gore Range and down valley and that the dwelling was broken up to help to reduce the massiveness of the project. J.J. stated that on Parcel B he saw plenty of room within the required setbacks. . Curt said he could not argue with the fact that one can fit something on the lot, but the trees were a major concern. Jay added that on any given site one can build without going into setback areas, but it may make an uninteresting town. J.J. pointed out that each time he had seen the PEC challenge an architect, the architect had been able to come up with a plan within the setbacks. He repeated the fact that the architect in this case had a clean piece of property. Jay answered that they had voluntarily torn down the existing structure and should be given latitude to build, that they were being penalized for making a clean site. Viele spoke in favor of the proposal as long as the buffer would remain. Jay answered that there would be a deed restriction that only the Town of Vail could remove the buffer. Pam Hopkins pointed out that another owner could hire Jay to ask to remove the buffer. She added that the PEC was going through this process because Parcel A had to be a minimum site. Jay said the purpose of the subdivision was to stop from having two old homes being added onto. He added that they knew they might have to ask for variances when they planned the subdivision. Peter Patten felt that the natural features should be preserved within the 15 foot setback area and added that this was a self created hardship. Jim Viele moved to approve the variance with the findings that the strict or literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zone code. He specified that particular attention be paid by the DRB of landscaping planned to be in the 30 foot buffer. Sid seconded the motion and the vote was 4 in favor and 2 (JJ and Pam) against. 5. A request for front, side, rear and stream setback variances, a site coverage variance, a gross residential floor area variance and a variance from required landscaping in order to construct additions on Parcels A and B, Lot 3 , Block 1, Vail Village First Filing Applicant: Jerome A. Lewis, Downing Street Foundation Betsy Rosolack presented the proposal, stating that the applicants wanted to build two 2-car garages and additional square footage allowed under Ordinance 4 of 1985. The staff recommendation was for denial as it was felt the additions could be constructed within the setback areas. Tom Briner, one of the architects on the project, spoke in favor of the project and Dan Rickli, another architect, explained that there seemed to be a discrepancy in the amount • of square footage that they were adding. Jerry Lewis and John Kennerly, applicants, also spoke in favor of the project. Rickli felt that garages should not be counted as site coverage if they were not counted as GRFA. He also proposed eliminating 4 parking spaces and decreasing the curb cuts from 4 to 3 . Jim Viele asked Betsy if the staff had had time to review the new proposal, and she replied that they had not. Craig Snowdon, architect representing the adjacent neighbors to the west, Steve Berkowitz, read a letter from Berkowitz objecting to the encroachments, stating that views would be negatively impacted. J.J. felt it was difficult to consider the proposal with a discrepancy in statistics. Peggy Osterfoss agreed and also felt concern for Berkowitz 's views. Rickli disagreed that the additions would impact the views from the Berkowitz property. Peggy added that the burying of the garage was a step in the right direction, but she stated that she would like to see fewer than 3 road cuts with more landscaping instead of asphalt. Diana agreed and added that her main concern was the stream setback. Sid' s biggest concern was site coverage. He also felt there was too much asphalt. Briner mentioned that this was a DRB issue. Pam Hopkins abstained from comment because her firm was . working on the Berkowitz proposal. Jim Viele stated that when a proposal contains so many variance requests, it is a good indication that too much is being placed on the site. Jerry Lewis asked if he could table and Peter answered that the item could be tabled until 4/27 if the applicant could get revised figures and drawings into the Community Development Departmant by Wednesday morning, the 22nd. Lewis requested to table to 4/27. Diana moved and Sid seconded to table the request until April 27. The vote was 5-0-1 (Pam abstained from voting. ) 6. A request to amend Special Development District No. 6, Vail Village Inn. Tom Braun presented the amendment request and stated the staff recommended denial, citing the need for additional parking, assurances the Ski Museum would be relocated, and the need for accommodation units. Jay Peterson, representing the applicant, reminded the board that twice the Vail Village Inn complex had submitted phased projects, but the potential developers could not fund the . projects. Now Joe Staufer will develop the new phases himself. Jay explained the valet parking and stated that it was a temporary measure until the next phase could be constructed. He stated that it was not economically feasible for Mr. Staufer to construct additional parking with this phase. • Jay stated that the applicant was willing to restrict the dwelling units per the staff recommendation. Regarding the Ski Museum, Jay stated that 4, 000 square feet of building could be given to the Town to use free of charge for any use the Town would want. Pam asked if valet parking was planned for the commercial area, and Jay replied that it was not. Joe Staufer stated that he had 30 - 50 parking spaces that are always empty. He added that the Sonnenalp, Plaza, and Bell Tower had all expanded and none had added any parking. Jay then pointed out that there were no large projects being constructed at this time which were not phased. Pam agreed with the parking, and felt that perhaps more locals would be using this parking lot. Sid also did not have any problem with the parking and felt that to receive the 4, 000 square feet of space in the building was better for the Town than for the Town to receive $15, 000 to relocate the Ski Museum. He did feel that the new residential units should be controlled for public use. Diana felt the units needed to be available for rental. She felt that the Museum relocation must be worked out and must be a part of this amendment. Joe Staufer felt that the Town did not gain anything by "kicking the owner out" especially if the owner wanted to be in Vail for two months in the summer. Mr. Staufer suggested that the unit be available for rental and not be the primary residence of the owner. Diana stated that she did not patronize many of the stores in the Vail Village Inn complex because she did not have any place to park. Diana asked for a commitment to finish the building as proposed. However, she still felt that there would be a parking problem. Jay said that for the parking to work, all the phases must be done. Peggy Osterfoss felt that the proposal should include assurance that the developer will relocate the Ski Museum and relandscape because a landscaped area was being removed in the proposal. Jay replied that with the new proposal, the Town of Vail would end up with a large chunk of real estate. He added that the applicant was willing to participate in redoing the intersection. Peggy stated that she did not want to see the landscaping issue lost in the shuffle, and felt the responsibility rested with the developer. More discussion followed concerning parking. Peter pointed out that parking spaces under the condos were controlled by a gate and were under utilized. Tom felt that it was the responsibil- ity of the developer to provide parking on the site. J.J. referred to the memo which indicated a shortfall of 100 spaces. He was told 18% of the spaces were required to be valet and he I wondered how the decision was made to have 18% of the spaces be valet. Tom replied that it varied with use. He added that phases I and II contained 22, 000 square feet and phase III contained 10, 000 square feet with no parking provided. He added that he felt it was the repsponsibility of the developer to provide parking on the site. Joe Stauffer said he would like to be able to pay into the parking fund as did businesses in commercial Core I and II. J.J. suggested that perhaps Staufer could pay the Town for parking at building permit time and the Town could repay Staufer when his parking was complete. The Ski Museum was discussed. Tom stated that at present the amended SDD did not address the needs of the Ski Museum. Jay pointed out that the space offered to the Town was worth $1 Million. J.J. said it seemed like an opportunity for the Town, the space could be sold for a substantial amount of cash. Tom pointed out that one condition was that it be used for the public. Jay stated that they were willing to remove that stipulation. J.J. felt the key issue of the owner/rental question was occu- pancy and this issue was discussed. Also discussed was the deletion of landscaping for parking. Saundra Smith stated that they were willing to remove two parking spaces and place landscaping in place of the spaces. Peter felt to approve the proposed shortfall of parking would be inconsistent. He pointed out that the Westin was not able to do any more construction until the parking structure was finished. He stated that the Plaza and Bell Tower were different, in that they were in a pedestrian area and paid into the parking fund. He pointed out that the proposal under construction was adjacent to the 4-way stop with vehicle access and must have on-site parking. J.J. discussed the parking figures. Joe Staufer proposed to make the dwelling units be available for rental when they were unoccupied. Sid Schultz moved and J.J. Collins seconded to approve the j amendments to SDD 6 as submitted with the following conditioins: i 1. The use of the units be restricted to non-primary residence and be part of a rental pool. 2 . The applicant shall participate in and not remonstrate against a special improvement district for the intersection of Vail Road and Meadow Drive. . 3 . The vote was 5-1 in favor. Attachment E MINUTES VAIL TOWN COUNCIL MEETING MAY 5, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 5, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Sievin Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first order of business was a consent agenda for the following items: A. Approval of April 7 and 21, 1987 meetings minutes B. Ordinance No. 11, Series of 1987, second reading, establishing a Town of Vail health insurance trust fund. C. Resolution No. 19, Series of 1987, authorizing the filing of applications with the Dept. of Transportation for financial assistance. Mayor Johnston listed the items in the consent agenda, including reading of the full title of the ordinance. There was no discussion by Council or the public. Hermann Staufer made a motion to approve the items, which was seconded by Kent Rose. A vote was taken and the motion passed unanimously 7-0. The second item was Ordinance No. 13, Series of 1987, first reading, authorizing the issuance of Town of Vail, West Vail Local Improvement District No. 1, special assessment bonds. The full title was read by Mayor Johnston. Charlie Wick gave brief background information on the issue. Mayor Johnston stated that there had been a discussion that afternoon at the Work Session with a representative from Kirchner- Moore regarding the state of the market. There was no discussion by the public or Council. A motion to approve the ordinance on first reading was made by Gordon Pierce and seconded by Kent Rose. A vote was taken and the motion passed unanimously 7-0. Gordon Pierce had to leave the meeting at this time. The third item for discussion was Ordinance No. 14, Series of 1987, first reading, amending SOD No. 6 (Vail Village Inn) and requesting approval to phase the construction of the remaining phases of the project. Mayor Johnston read the full title. Tom Braun explained the history of SOD No. 6, what was requested of the Council that evening, and reasons why the staff recommended denial . Jay Peterson, representing the applicant, Vail Village Inn, addressed the issues in question and gave reasons why the ordinance should be approved. After some discussion by Council, Ron Phillips made comments on some of Jay's remarks, to which Jay responded. Jim Viele, Rod Slifer and Pep! Gramshammer stated they were in favor of the project and explained why. After more discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the ordinance with the following conditions: 1. Include language to the effect the Town be able to subdivide the 4,000 square feet portion of this phase given to the Town. 2. Joe Staufer reimburse the Town of Vail for improvements/move of the Ski Museum, up to $75,000 with the completion of Phase V. 3. Change required number of units from 175 to 148 after this phase. 4. In the event there is any future renovation or building, Joe Staufer would have to provide on-site parking compatible with the Town of Vail code requirements. r •' 5. The use restrictions of any condominium units would be as per the restrictions in effect at the time. Lric Affeldt seconded the motion. A vote was taken and the motion passed unanimously 6-0. Next on the agenda was an appeal of the Planning and Environmental Commission's decision to approve a side setback variance for the Tennenbaum residence. Kent Rose had questions concerning the appeal, which Rick Pylman answered. Rick gave background information on the issue, discussed the criteria used to review the variance request and why the staff recommended denial . There was some discussion by Council, and Kurt Segerberg answered questions. After more discussion, Kent Rose made a motion to uphold the PEC decision to approve the variance request, and John Slevin seconded. A vote was taken and the motion passed unanimously 6-0. The fifth item was the Vail Transportation and Parking Task Force interim report. Ron Phillips stated the report had been discussed in detail at the afternoon Work Session and briefly explained what the report covered. Kent Rose then made a motion to support the recommendations of the Task Force as stated in the April 28, 1987 memorandum, which Hermann Staufer seconded. A vote was taken and the motion passed unanimously 6-0. Under Citizen Participation, Rod Slifer asked that the construction fences in the Village be moved back as soon as possible. Ron Phillips stated he had only one item for the Town Manager's report. He noted . there was an article in the magazine Bus Ride which was very positive about the Town transportation system. There being no further business, the meeting was adjourned at 9:15 p.m. Respectf submitted, Pa R. o r�.s n, Mayor 77 1 ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman i -2- s Attachment F MINUTES VAIL TOWN COUNCIL MEETING MAY 19, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 19, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS ABSENT: Eric Affeldt TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 12, Series of 1987, first reading, adopting the 1987 Edition of the Uniform Electric Code by reference. The entire . title of the ordinance was read by Mayor Johnston. Gary Murrain explained the regulatory changes involved through this ordinance, and Larry Eskwith explained that second reading on this ordinance would occur June 16, 1987, in order to comply with publication notice of a public hearing and timely notice to the public. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, and Gordon Pierce seconded. A vote was taken and the motion passed unanimously 6-0. The next item Ordinance No. 13, Series of 1987, second reading, an ordinance authorizing the issuance of Town of Vail, Colorado, West Vail Local Improvement District No. 1, special assessments bonds, dated June 1, 1987, in the aggregate principal amount of $525,000, for the purpose of paying a portion of the cost of constructing and installing improvements therein; prescribing the form of the bonds; providing for the payment of the bonds and the interest thereon; and making provision for other matters relating thereto. Mayor Johnston read the full title of the ordinance. Charlie Wick pointed out that the Per Annum Interest Rates and the Maximum Net Effective Interest Rate, of 8.25% had been set, as well as a re- numbering of numerical sections throughout the ordinance. Kent Rose made a motion to approve this ordinance, and John Slevin seconded. A vote was taken and the motion passed unanimously 6-0. The third item was Ordinance No. 14, Series of 1987, second reading, an ordinance amending Ordinance No. 1, Series of 1985, to provide for the amendment of the approved development plan for a Special Development District No. 6; adopting an amended development plan for Phase IV of Special Development District No. 6; eliminating certain requirements relating to the distance between buildings for Phase IV of Special District No. 6; changing height requirement for Phase IV of Special District No. 6; changing the allowable density and modifying the building bulk standards for Phase IV of Special District No. 6; and setting forth details in regard thereto. The full title of the ordinance was read by Mayor Johnston. Jay Peterson represented the applicant, and along with Peter Patten, explained changes from the first reading of this ordinance. John Slevin made a motion to approve the ordinance, with the outlined changes, and this motion was seconded by Kent Rose. A vote was taken and the motion passed 5-0, with Gordon Pierce abstaining from the vote. The next item of business, an appeal of variances for the Jerome Lewis residence, was withdrawn. There was no Citizen Participation. Ron Phillips included the following information in the Town Manager's report: Economic Research Associates have been appointed to conduct the Congress Hall Study; B&B Excavating had been awarded the West Vail Improvement District street contract; the sign lights at the four-way will be replaced through Jim Morter at no additional Attachment G From: Samuel S Griffin III To: Jonathan Spence Subject: For Inclusion in PEC Application PEC140014 Date: Wednesday,June 18,2014 4:26:01 PM To Whom It May Concern, My name is Samuel S. Griffin, III. My wife Judy and I purchased our unit in Village Inn Plaza Phase V in 2013. Since that time we have become familiar with the issues before the Town Council related to PEC140014 submitted by the Village Inn Plaza Phase V Condominium Association. We are strongly in favor and respectfully ask that the ordinance be amended as requested. Specifically, amending the ordinance will add clarity where there is none; obviate issues of wrongful enforcement; and, eliminate the possible cloud on title resulting in lower values. Based on historical review of the policy behind the ordinance, presupposing the ordinance's applicability to Phase V (redevelopment) in the first place, there is no longer the need for the ten (10) hotel accommodations Phase V could provide. The ordinance is obsolete. In light of the above, it is our hope the Town Council recognizes the efficacy in approving the amendment as requested, allowing all of us to avoid the cost of further disagreement. Please do not hesitate to contact me if you should have any questions or comments as to our position. Thank you for your consideration. Best regards, Sam Griffin Samuel S.Griffin 111 Griffin&Matthews 1155 Dairy Ashford,Suite 300 Houston,Texas 77019 281-810-1124—phone 281-810-1641—fox sariffin(a)arifmatlaw.com Please take a moment to visit our website at www.erifmatlaw.com To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used,and cannot be used by you(i)to avoid penalties imposed under the Internal Revenue Code or(ii)to promote,market or recommend to another party any transaction or matter addressed herein. This communication maybe protected by the attorney/client privilege and may contain confidential information intended only for the person to whom it is addressed.Any views or opinions expressed are solely those of the author and do not necessarily represent those of Griffin&Matthews. Any use,dissemination,forwarding,printing or copying of this e-mail without consent of the originator is strictly prohibited.If you have received this e-mail in error,please notify Melissa Niles by telephone at 281.810.1124. If you are not one of the addressees on this e-mail,the information contained in this e-mail is not intended for you,and please delete this e-mail immediately. Attachment H From: Monika Oberlohr To: Jonathan Spence Subject: PEC 140014 Date: Wednesday,June 18,2014 8:26:04 AM Dear Mr. Spence: We are writing to endorse the application (docket number PEC140014) submitted by the Village Inn Plaza Phase V Condominium Association and are strongly in favor of amending the Ordinance. As the current owners of unit 308/309 at the Vail Village Inn Phase V, we would like to express our concern regarding the enforcement of any occupancy restriction on our property. In addition to the limitations this will impose on our personal use of this unit, we strongly urge you to consider the potential widespread implications this action could have on Vail's general real estate market. We want to convey our most urgent consent to and support for the letters written by Messrs. Bruckmann, Liebhaber and Cady on behalf of the above application. We hope that the Town will amend the ordinance as requested. Thank you, Monika and Konrad Oberlohr Attachment I From: Steve Cady To: Jonathan Spence Cc: Sara Cady Subject: SDD-6 Supporting Documents Date: Tuesday,June 17,2014 10:31:46 PM Jonathan- Please find the following information for your and the PEC staff's review with regards to docket number(PEC140014). We are writing in support of the application to remove the code 17.26.075 13-7-8 ) language from the SDD6 Ordinance relating to Vail Village Inn Phase V. My wife, and I own unit number 305, held under an LLC by the name of Potamus Bean. We have owned our unit since May 2, 2011 and we had a seven (7) month escrow to allow us to do due diligence in regards to the property, the people, and the Rules/Declarations. There were a few points in regards to the Declarations (one mainly was the Residential Occupancy Restriction) that we had questions on so we raised them with the HOA(our discussions specifically with Richard Liebhaber and Jonathan Stauffer). We were told by Jonathan that "we've never enforced it"....and "we have no intention of doing so". We own certain real estate investments as "investments" and prefer to enjoy them during periods that accommodate our family(such as summervacation, spring break, and Christmas/New Year's time). We would never have bought our unit had we not been insured by Jonathan Stauffer that this restriction would never be enforced. Furthermore, during a recent Annual Meeting for the building in December 2012, Stauffer voted in favor of removing the Residential Occupancy Restriction. Over the course of time, and in meeting more owners in the building, we came to find out that perhaps the "Occupancy Restriction"only applied to units (in buildings) that were converted from hotel unit (or accommodation or lodge unit) to condominiums. In fact, approximately one week after closing on our unit, we were served with a lawsuit from a tenant in the building (La Bottega) and the Town of Vail was actually joined as a party to that case (although they chose not to participate and agreed to be bound by the outcome). The Town did not raise any question about compliance with the "Residential Restriction" despite allegations in the complaint that a numbers of owners were not in compliance. Since we have been owners, and since we have had a number of issues arise with regards to our ownership rights,we have engaged counsel to assist us with matters that have arisen, and may arise in the future. They have mentioned to us that the Colorado Common Interest Ownership Act was adopted in 1992 as a comprehensive framework for common interest communities. Due to the breadth and specificity of this act, we have been advised that it arguably preempts Vail Ordinances imposing penalties for any violation of the "condominium conversion ordinance" as only the HOA may impose fines and then only upon compliance with due process rules adopted by the Association. There has been some discussion that this "Occupancy Restriction" really doesn't affect ownership of real estate property. In fact, this restriction is a definite cloud on our title, affecting value and the ability to sell should we be so inclined. In addition, from the time that this "restriction" was put into place, the need to have this building's units in a rental pool, to accommodate visitors to Vail, has become inconsequential with the addition of the wealth of hotel rooms provided by the Ritz Carlton, the Four Seasons, and the Sebastian to name a few. I hope that you,the PEC, and the TOV will consider amending SDD-6 to eliminate the Residential Occupancy Restriction so that we can free our title, own our units in a fee simple fashion, and make moot a point of contention within the building. Thank you, Sara & Steve Cady Attachment J From: Richard Liebhaber To: Jonathan Spence Subject: For Inclusion in PEC Application PEC140014 Date: Tuesday,June 17,2014 9:06:05 AM To Whom It May Concern, I am writing in support of application PEC140014 submitted by the Village Inn Plaza Phase V Condominium Association and in support of amending the Ordinance as requested. My name is Richard Liebhaber, and I am the current owner of Unit 11 at Village Inn Plaza Phase V. I have owned it since 2003, but my family originally purchased it in 1989 from Josef Staufer, the developer. My family and I are the first and only owners of the unit. In 1989, when my family determined that we were interested in the unit, before purchasing we were provided with an unexecuted, draft version of the Declarations by Mr. Staufer, wherein we learned of the so-called "occupancy restriction". My Father then met with Staufer, telling him that the unit was of interest to us, but my family would not purchase it if the restrictions were valid or enforceable. Staufer told us they were not, that they were just something the town forced him to include in the Declarations, and not to worry about them. Based on those representations and assurances by Staufer, my family purchased the unit and has used it according to that understanding. Now, after 25 years have passed (and after having never required the administration or enforcement despite itself being an owner),the Town threatens enforcement of an Ordinance (notably, neither the Declarations nor the Code) against the owners, prompted by a complaint filed by Staufer's attorney. Staufer's (as well as the Town's) actions are more so confusing because both voted, as owners (the Town owns Unit 2 in Phase V), to remove the occupancy restrictions from the Declarations at the Association's 2012 Annual Meeting. >From its' creation in 1988 to 2011 (with an exclusion of a short gap after he sold the Village Inn Plaza to Waldir Prado), Staufer Commercial continuously served as the Association's property manager and had full knowledge of how the Units were being used during that period without raising a complaint. In addition, for almost the entire 25 years of the Association's existence, a Staufer has served as a Director of the Association. When a Staufer Commercial member was not on the Board, a Town representative was. However, until 2012 (which was after Staufer's tenant sued the Association and the residential owners and many of us defended ourselves) no one even once ever mentioned a violation of the occupancy restrictions, let alone made complaints to the Association that any owners were in violation. To make this even more convoluted, the Town itself provided a letter in 2010 indicating the Code section referred to in the Declarations (17-26-075, now re-codified as 13-7-8) does not apply to Phase V, because Phase V is not a condominium conversion. In the recent litigation, the matter of the occupancy restrictions was raised by Staufer's tenant, and the Town, with full knowledge, opted out of the litigation, agreeing to be bound by the results. Both the Association and the residential owners argued that the occupancy restrictions were not valid, enforceable or even legal. Therefore, the matter was considered settled when the Town remained silent and agreed to be bound. After much legal research has been conducted on this subject by Association and personal counsel (during the litigation and since), it is also evident to me that the Town's Ordinance is in conflict with the Colorado Common Interest Ownership Act(CCIOA), an over-arching, uniform legislation that supersedes local Ordinances. In this instance, the Town's penalty not only does not follow the required due process for fines or fining structure, but the Ordinance itself is also discriminatory on its face. It is also likely that this Ordinance is in violation of Federal anti-discrimination laws, and, now that the Town has clouded the titles of all our properties (arguably calling into question the permissible use of Staufer's and the Town's units, too), it has become necessary to seek the removal of that cloud. Hence,the Association has submitted an Ordinance amendment application to amicably achieve that goal. In addition, given the number of residential units (10 in total) at Phase V,the history of no enforcement and the changed circumstances within the Town, it is in the best interests of(and the easiest course for)the Town to amend the Ordinance. Based on the history and periodic re-writing of the Ordinance itself,there is a track record of altering the requirements imposed within the SDD, and it is not unwarranted to once again change them now at the Association's request. And, due to the increased number of units now in the marketplace as a result of construction within the Town's borders over the past 25 years, the purpose of and need for the Ordinance is entirely obviated and mooted. It is, therefore, time for the Town to do away with this anachronistic Ordinance altogether. I am hopeful that the Town will resolve this matter now, before it must go any further. Sincerely, Richard Liebhaber Attachment K From: DPKB To: Jonathan Spence Subject: PEC 140014 Date: Monday,June 16,2014 3:16:19 PM Dear Mr Spence , I am writing in support of the above application to remove the code 17.26.075 ( 13-7-8 ) language from the SDD6 Ordinance relating to Phase V of the Development. In 1999 after many years of renting property in Vail, I decided to purchase a property in Vail. I began the purchase process of a condominium in the Village Inn Plaza Phase V. I came across the 17.26.075 code wording included in the Declaration for the condominium association. These restrictions worried me as they put many restrictions on my personal use of the property. Because of this worry I contacted the Town Attorney, Tom Morehead, and was told by him over the phone that I did not need to worry about this code as the Town had never enforced this code and would not do so for fear that it might be ruled invalid if it was put before a court of law. Minutes after hanging up I called him back to ask if he would mind putting that information in writing and he said he could not do that, but he assured me that I would not need to worry about that code being enforced against me. For ten years I relied on the verbal reply from the Town Attorney and did not hear anything about the use restriction contained in our Declaration. In 2009 I asked our Association to enforce the midnight closing rule, contained in our Declaration, against La Bottega who had become a very popular late night spot which created disturbances in the early morning . The then Landlord of La Bottega and Property Manager of our building, Joe Staufer, told me that if I was going to ask that the midnight closing rule be followed then all the owners would have to follow the other rules in the Declaration including the use restriction . As one might expect, this caused me concern as I had nothing in writing from my conversations with Mr Morehead. I began a lengthy correspondence relating to the enforceability of this code in relation to our building. After much research by Bill Gibson of the Town, he wrote to me and gave me the history of why this code was included in our Declaration. Basically he said that in 1987 or so Joe Staufer made an application to the planning department to develop Phase V which at that time included some of Phase IV. As Phase IV was the Village Inn Plaza Hotel it contained hotel units and therefore it was required to include code 17.26.075 in the Declaration of such a development. In the end Mr Staufer decided to develop Phase V and not include any of Phase IV with this development. Having done this it removed the requirement of the Town for this code to be included in the Declaration. All of this information was conveyed to me by an email from Bill Gibson with his statement that this code did not apply to our building. Having received this information from the Town I felt that it was not an issue once again. For 21 years Joe Staufer had told owners, both as an Association Board Member and Property Manager, that the use restriction would not be enforced and there was no need to worry about it. A law suit against the Association and owners was started by Joe Staufer's tenant in 2010 and went on until 2014. Four years after his 2009 threat, in April of 2013, Joe Staufer had his attorney write to the Town and ask them to enforce code 17.26.075 against those in violation in Phase V. At the time it was said around town that Joe Staufer had made this complaint in an effort to have the Association and owners come to a settlement on the law suit his tenant had filed. Months later the court ruling came out in favour of the Association . Unfortunately now there is a cloud over the title of all owners in Phase V , including the Town's unit ,which needs to be resolved one way or the other due to the Towns change of position on the use restriction. Shortly after Joe Staufer's attorney wrote the letter to the Town I was informed by the Town that all the information I received from the Town previously was incorrect and that the use restrictions applied to our building . I have been told that the Town of Vail has never enforced this use restriction against any owner in the Town before. Although not all of my information from the Town was in writing I relied on the information to purchase my units and make use of them. It seems very unjust to me, now after 15 years, for the Town to attempt to restrict my personal use of my property after giving me their word and assurances on several occasions that I could use my property as I wished to do so without personal use restrictions. In the 1980s with the emergence of condominiums many municipalities in the state of Colorado became nervous about what this emergence might do to the character of their towns and in an effort to prevent their towns form changing they introduced laws specific to condominiums . In 1992 the State of Colorado stepped in and made state wide laws in an attempt to protect condominiums from laws that were specific to condominiums and were discriminatory. Within these laws one finds rules that state the following: "In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership." I am sorry that the above is so lengthy but to give you a full picture of the events I feel it was necessary. I would kindly ask you to pass this amendment as it would remove much uncertainty about the code 17.26.075 restrictions which have been said to pertain to Phase V within SDD6 and not all similar buildings within SDD6 or similar buildings within the Town of Vail . I am sure at the time of development the Town was right to be concerned about condominiums changing the character of the Town but as time has shown the use restrictions are not necessary as the inventory of accommodation units has increased in the Town and is adequate for the Town's requirement without the inclusion of the small number of units in the Village Inn Plaza Phase V . Thank you very much for your time and I hope you find it appropriate to amend this ordinance to remove the code 17.26.075 or (13-7-8) use restrictions. David Bruckmann for Meadow Drive Ventures ( units 17 & 18) Village Inn Plaza Phase V •. "F"JC o . ^ a" i � 1 o • LU , ' ------------- 'Aft - •. a Aivn ah 1 r } f Ad Name: 10405567A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Customer: TOWN OF VAIL/PLAN DEPT/COMM NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will Your account number is- 1 OP2P 33 hold a public hearing in accordance with section 12-3-6,Vail Town Code,on August 11,2014 at Vail Daily 1:00 pm in the Town of Vail Municipal Building. A request for the review of a development plan, pursuant to Section 12-8E-6,Development Plan, PROOF OF PUBLICATION Vail Tow Vail Code and a conditional use permit, suant to Section 12-5E-3,Conditional Use,Vail Town Code,to allow for the redevelopment of the Ski and Snowboard Vail Club Vail site with a new private and public club and multi-family residential STATE OF COLORADO } dwelling units,located at 598 Vail Valley Drive/Part of Tract B,Vail Village Filing 7,and setting forth lss details in regard thereto. (PEC140020, II P EC 140023) COUNTY OF EAGLE } Applicant:Ski and Snowboard Club Vail,repre- sented by Braun and Associates Planner:Jonathan Spence A request for the review of a final plat,pursuant to 1, Don Rogers, do solemnly swear that I am a qualified Chapter 13-4,Minor Subdivision,Vail Town Code, to allow for the re-subdivision of Parcel 1 of the representative ofthe Vail Daily.That the same Daily newspaper Golden Peak Ski Base And Recreation District Parcel and Part of Tract B,Vail Village Filing 7,in printed, in whole or in part and published in the County order to establish Parcel a Golden Peak Ski Base And Recreation District Parcel,the redevelopment of Eagle, State of Colorado, and has a general circulation site for Ski and Snowboard Club Vail,located at g g 460 and 598 Vail Valley Drive/Parcel 1,Golden Peak Ski Base and Recreation District Parcel,and therein; that said newspaper has been published continuously Part of Tract B,Vail Village Filing 7,and setting forth details in regard thereto.(PEC140021) and uninterruptedly in said County of Eagle for a period of Applicant:Ski and Snowboard Club Vail and Vail Corporation,represented by Braun and Associates more than fifty-two consecutive weeks next prior to the first Planner: Jonathan Spence publication of the annexed legal notice or advertisement and The applications and information about the propos- als are available for public inspection during office that said newspaper has published the requested legal notice hours at the Town of Vail Community Develop- er r h h p q g ment Department,75 South Frontage Road. The public is invited to attend site visits. Please call and advertisement as requested. 970-479-2138 for additional information. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call The Vail Daily is an accepted legal advertising medium, 970-479-2356,Telephone for the Hearing Im- paired,for information. only for jurisdictions operating under Colorado's Home Published July 27, 2014 in the Vail Daily. Rule provision. (10405567) That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/25/2014 and that the last publication of said notice was dated 7/25/2014 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 09/24/2014. General Man ager/Publisher/Editor Vail Daily Subscribed and sworn to before me,a notary public in and for the County of Eagle, State of Colorado this day 09/24/2014. Pamela J. Schultz,Notary Public My Commission expires: November 1,2015 �pRY PUe/ ' PAMELA J. SCHULTZ 9��COt-ARP$ My Commismn Expires 111012015 Ad Name: 10444780A PLANNING AND ENVIRONMENTAL COMMISSION August 11, 1:0 Customer: TOWN OF VAIL/PLAN DEPT/COMM TOWN COUNNCIL CIL CHAMBERS /PUBLIC WELCOME Your account number is- 1 OP2P 33 75S.Frontage Road-Vail,Colorado,81657 Vail ��� MEMBERS PRESENT MEMBERS ABSENT Site Visit:None 60 minutes 1.A request for a recommendation to the Vail Town Council on a major amendment to Special Devel- opment District No.6,Vail Village Inn,pursuant to Section 12-9A-10,Amendment Procedures,Vail Town Code,to amend the condominium use re- quirements and restrictions for Phase V(structure at the northeast corner of the intersection of Vail STATE OF COLORADO } Road and East Meadow Drive),located at 100 East Meadow Drive/Parts of Lots M and Q Block 5D, Vail Village Filing 1,and setting forth details in re- }SS. gard thereto.(PEC140014) Applicant: The Village Inn Plaza-Phase V Condo- COUNTYOF EAGLE } minium Owners Association,represented by Steve Cady,Vice President Planner: Jonathan Spence ACTION: MOTION: SECOND: VOTE: I, Don Rogers, do solemnly swear that I am a qualified CONDITIONS: 2.A request for the review of a development plan, representative ofthe Vail Daily.That the same Daily newspaper pursuant to Section 12-8E-6,Development Plan, Vail Town Code and a conditional use permit,pur- printed in whole or in part and published in the County suant to Section 12-8E-3,Conditional Use,Vail Town Code,to allow for the redevelopment of the Ski and Snowboard Vail Club Vail site with a new of Eagle, State of Colorado, and has a general circulation private and public club and multi-family residential dwelling units,located at 598 Vail Valley Drive/Part therein; that said newspaper has been published continuous) of Tract B,Vail Village Filing 7,and setting forth p Y details in regard thereto. (PEC140020, PEC140023) and uninterruptedly in said County of Eagle for a period of Applicant:Ski and Snowboard Club Vail,repre- sented by Braun and Associates more than fifty-two consecutive weeks next pni or to the first Planner:Jonathan Spence Y ACTION:Table to August 25,2014 publication of the annexed legal notice or advertisement and MOTION: SECOND: VOTE: 3.A request for the review of a final plat,pursuant that said newspaper has published the requested legal notice to Chapter 13-4,Minor Subdivision,Vail Town Y Y Y q t7 Code,to allow for the re-subdivision of Parcel 1 of den and advertisement as requested. the etl and Peak Ski Base And Recreation strict Parcel and Part of Tract B,Vail Village Filing 7,in order to establish Parcel 3,Golden Peak Ski Base And Recreation District Parcel,the redevelopment site for Ski and Snowboard Club Vail,located at 460 and 598 Vail Valley Drive/Parcel 1,Golden The Vail Daily is an accepted legal advertising medium, Peak Ski Base and Recreation District Parcel,and Part of Tract B,Vail Village Filing 7,and setting only or jurisdictions operating under Colorado's Home forth details in regard thereto.(PEC140021) Y J p g Applicant:Ski and Snowboard Club Vail and Vail Corporation,represented by Braun and Associates Rule provision. Planner: Jonathan Spence ACTION:Table to August 25,2014 MOTION: SECOND: VOTE: 4.A request for a recommendation to the Vail Town That the annexed legal notice or advertisement was Council on a major amendment to Special Devel- opment District No.4,Cascade Village,pursuant to every published in the regular and entire issue of Section 12-9A-10 Amendment Procedures,Vail Y g "J Town Code,to allow a revision to the approved development plan for the Cornerstone site to number of said daily newspaper for the period of I facilitate the construction of a tensioned membrane structure, located at 1300 We haven consecutive insertions; and that the first publication of said Drive/Unplatted,(Liftside/Cornerstone)and setting Y forth details in regard thereto.(PEC140019) notice was in the issue of said newspaper dated 8/8/2014 and Applicant:Charter Sports,represented by Braun& Associates Planner:Jonathan Spence that the last publication of said notice was dated 8/8/2014 in ACTION:Table to August 25,2014 p MOTION: SECOND: VOTE: the issue of said newspaper. 5.A request for the review of variances from Section 12-7D-9 Landscaping and Site Devel- opment Section 12-7D-10 Parking and Loading, Section 14-5-1,Minimum Standards and Section 14-5-2 Other Requirements,Vail T o Code, In witness whereof, I have here unto set my hand this day, pursuant to Chapter 12-17,Variances,Vail Town O Code,for relief from the minimum landscape 08/17p/2014. requirement,the parking space dimensional requirement,the snow storage requirement and to allow parking in the front setback,to facilitate the construction of a freestanding building with associated parking,circulation and landscape improvements,located at 2171 North Frontage Road West(McDonald's)/Lot 2B,Vail Das Schone Filing 3,and setting forth details in regard thereto. (PEC130018) Applicant:McDonald's USA,LLC,represented by General Man a er/Publisher/Editor Robert Palmer g Planner:Jonathan Spence Vail Daily ACTION:Withdrawn 6.A request for the review of a conditional use Subscribed and sworn to before me,a public ublic in and for permit,pursuant to Section 12-7D-2,Conditional "� Uses,Vail Town Code,to allow for a drive-up the Coun of Ea le State of Colorado this da 08/17/2014. facility,located t 2171,V North Frontage Road West ty g , y (McDonald's)/Lo 2B,Vail Das Schone Filing 3,and setting forth details in regard thereto.(PEC130014) Applicant:McDonal d's USA,LLC,represented by Robert Palmer Planner: Jonathan Spence ACTION:Withdrawn 7.Approval of July 28,2014 minutes MOTION: SECOND: VOTE: 8.Information Update Pamela J. Schultz,Notary Public 9.Adjoumment /+ 1 1 MOTION: SECOND: VOTE: My Commission expires. November ,2015 G The applications and information aboutthe propos- als are available for public inspection during regular office hours at the Town of Vail Community Devel- opment Department,75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of pRY PU items are approximate,subject to change,and .•••••••.B� cannot be relied upon to determine at what time the Planning and Environmental Commission will PAMELA,I. consider an item. Please call(970)479-2138 for additional information.Sign language interpretation SCHULTZ is available upon request with 24-hour notification. tP�:• Please call(970)479-2356,Telephone for the y .• RQ8 Hearing Impaired,for information. Community Development Department Published August 8, 2014 in the Vail My Commission Expires 11101Q015 Daily.(l0444780)