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Home My WebLink About100 E Meadow Dr Unit 29, 16, 17, 19 - Meyer Nico Vailffi |,Fl/AILWTOI'IIN Prciect Name: MEYER RESIDENCE Project Descrlfiion: EXTERIOR ALTEMTION & NEW CONDOMINIUM Partlcipants: Prcject Address: 100 E MEADOW DR VAIL VILf-AGE INN PLAZA, UNIT 16, 17 &29 Legal Description: Lot: Block Subdivision: VAIL VILLAGE PLAZA CONDO ParcelNumber: 210108256029 Comments: BOARD/STAFF ACTION Motion By: ROGERS Second By: HANLON Vote: 4-0-1 (Pierce recused) Conditionsr Cond: B (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to aonstruction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion, Planner: Bill Gibson DRB Fee Paid: $3OO.OO l/^r!,V tUT"R",t1 t l/o,^t V;tt"1eu\-r\ OWNER LUC MEYER 02/2512005 Phone: 813 POTATO PATCH DRIVE vArL, co 81657 License: APPLICANT FRTTZUN PIERCE ARCHITECTS 021 25 | 2OOS Phone: 97 0-47 6-6342 1650 EAST VAIL VALLEY DR, #C-1 VAIL, CO 81657 License: Design Review Board ACTION FORM Departnent of Community Development 75 South Frcntage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: www.ci.vail.co,us DRB Number: DR8050065 Location: Action: APPROVED Date of Approval= 0310712005 -f -- A1.r1 rll ilAi!.ri t r:! l'i ri,,ti' ! reg;C g e i l,ir.,, i,r i1ilil', [):par i,ltlenl: c,i LOtrrILtI li].y lrri,.,:lo!,irieiri 75 S,rLrth Fiont-?!1. Flo:icl, Vail, Colofa.l0 il16:;Z tet: 970.179.2Ii9 ta:<: 97A.479.2452 web: tvrryw,ci.vail.co.us ltiu{.:ir,t g,rli..l i:F,il , :. .. T?iI.Cil:;1.DtrV.General Information; All projects re-quiring design review nrust rcceive approval prior to submirring a building pernlt application. pleaserefer to.the submiital requirements for tlre particular approval that is reguesied. An application for Design Revlelvcannot be accepted until all required information is received by the Community Devel'opment Depadment. Theprcject may also need to be reviewed by the Towrr Council ancl/or the planninq and Environmental Commission.Design review approval lapses unless a buitding permit is issued and cdnstruction comnrences vuithinone year of the approval, Description of the Request: - .. ... Loeation of the proposalt Lot; . . Block: srrlrclivisir:n: Physical Address: Parcel No.: Zlei*S"e+ 6o?t (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Name(s) of Owner(s): Mailing Address: j'!-1, Mailing Address: E-mail Address: Type of Review and Fee:tr Signs, Conceptual Review D New Construction Fi Addition D Minor Alteration (mutti-family/commercial) ! Minor Alteration (single-family/duptex) tr Changes to Approved plans $s0 No Fee $6s0 $300 $2so $20 Plus $1.00 per square foot of total siqn area. For construction of a new building or demo/rebuild. For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as,reroofing, painting, window additions, landscaping, funces andretaining walls. etc. For minor changes to buildings and site improvements, such as,reroofing, painting, window additions, landscaping, fences andretaining walls, etc.$20 For revisions to plans already approved by planning Staff or the Design Review Board. No Fee Owner(s) Signature(s):Lvc- Name of Applicant! DRB No.: Separation Request ,+ Slifer Management Company Property Management & Leasing December 8,2004 To Whom It May Concem: Regarding: Vail Village Plaza Home Owners Association This letter is to confirm that the Luc and Liz Meyer, owners of unit 29 at Vail Village Plaza, 100 East Meadow drive, have received the approval of 100% of the owners of Vail Village Plaza to begin the renovation and remodel project to their Vail Village Plaza Condominium unit number 29. This letter is to inform the Town of Vail that the necessary approval process is completed and the required approvals have all been received by the association. The Board of Directors also requires a signed letter of indemnification be submitted to the Board of Directors before this project can proceed. Vail Viilase Plaza Board of Directors: /rl , Vail Village Plaza Homeowners Association ail Villase Plaza Homeowners Association 143 East Meadow Drive, Suite 360, Vail, Colorado 81657 Telephone: (970) 476-1063 Ftx: (970) 476-2523 Building Materials Roof Siding Other Wall Materials Fascia Scffits Windows WindowTrim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: PROPOSED MATERIALS Tvpe of Material Color l4Artn ."1OtfVe:.t"t r ft uZFidle tl cpaa 5/-ny€+ tlkld12 Lu^p /^JbFtntwtP <t-*p W l\/qW' dAtE-@ lzlEr*-' lt Please specifo the manufacturer's name, the color name and number and attach a color chip. Page 6 of L2l0Zl07l02 L I*1&77t- NOTES TO ALL APPLICANTS Pre-aoolication Meetinq A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application meeting is to identify any critical issues pertaining to the applicant's proposal and to determine the appropriate development review process for an application. In many cases, the pre-application meeting helps to expedite the development review process as critical issues are identified and dealt with in the preliminary stages. A pre-application meeting may be scheduled by contacting Judy Rodriguez at 970.479.2128 or irgd-rig.uCz@elvAiLco.Us Time Reouirements The Design Review Board meets on the 1st and 3rd Wednesdays of each month. A complete application form and all accompanying material must be accepted by the Community Development Departrnent prior to application deadlines. A schedule of DRB meetings and associated application deadlines may be found on the World Wide Web at htto://ci.vail.co.us/commdev/blanning/dr:-blmeetingsldefault.htm For a newresidenti6|deve|opment,theapp|icationaeaorineViewEoard Review Criteria The proposal will be reviewed for compliance with the Design Guidelines as set forth in Title 12, (Zoning Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code. Requirements for orooerties located in hazard areas If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rockfall, debris flow, floodplain, wetland, poor soils, etc.), the Community Development Department may require a site-specific geological investigation. If a site-specific Aeological investigation determines that the subject property is located in a geologically sensitive area, the property owner(s) must sign an affidavit recognizing the hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult with Community Development staff prior to submitting a DRB application to determine the relationship of the property to all mapped hazards. Required Plan Sheet Format For all surveys, site plans, landscape plans and other slte improvement plans, all of the following must be shown. 1. Plan sheet size must be 24"x 36". For large p0ects, larger plan size may be allowed.2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale.3. Graphic bar scale.4. Nofth arrow.5. TiUe bloc( project name, project address and legal description.6, Indication of plan preparer, address and phone number,7. Dates of original plan preparation and all revision dates.8. Vicinity map or location map at a scale of 1"=1,000' or larger.9. Sheet labels and numbers. 10. A border with a minimum left side margin of 1.5". 11. Names of all adjacent roadways. 12. Plan legend. Page 9 of I2|OZ|OTl0z t. Desiqn Review Board Meetinq Requirements For new construction and additions, the applicant must stake and tape the project site to indicate property lines, proposed buildings and building corners. All trees to be removed must be taped. The applicant must ensure that staking done during the winter is not buried by snow. All site tapings and staking must be completed prior to the day of the DRB meeting. The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants who fail to appear before the Design Review Board on their scheduled meeting date and who have not asked in advance that discussion on their item be postponed, will have their items removed from the DRB agenda until such time as the item has been republished. If the DRB approves the application with conditions or modifications, all conditions of approval must be resolved prior to the issuance of a building permit. Stafr Aporoval Thc Atiri'rir'risiioi.wi (a rrretiii,e; oi'the pial';iir,g iiafl i;iai ic;ic'i; an,j ;ppiJi.'c Dc;lg;; i1l, ic;; .;ppliuilon:, -. . approve with certain modifications, deny thc applicaticn, or refer the applicaticn to the Design Review .. Board for a decision. All staff approvals are reviewed by the Design Review Board and any staff decision is subject to final approval by the DRB. Additional Review and Fees If this application requires a separate review by any local, state or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees in excess of 50o/o of the application.fee. If, at the applicanfs request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the Community Development Department to have design, land use or other issues, which may have a significant impact on the community, may require review by external consultants in addition to Town staff. Should a determination be made by Town staff that an external consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be fonivarded to the Town by the applicant at the time of filing an application. The applicant shall pay expenses incurred by the Town in e><cess of the amount forwarded by the application to the Town within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review aompletion. Page 10 of 12102107102 - LIJquNsFt! =-Eo- -t rulJIurl EIllolol tuF (0oIt o\) F .$fU Et F d!--0I lrU I; <g; reoi6rl 6fr8 7 a!: 8511Ir +$ ii 1t o _, tl $\ il_J{\)(f) zotr tuJtu IFfoo :Pgh $ilas xi SP !6"d a .H<t:R64CIg OQ uu E* {P $B H* I?II *9 aru6siirlo u9 lo t8 o i i .J,9 lq biE+t6o i I lo,J '9!q{tIT $.$ : :, 'g:u !;-r r. idl.I J18" H:i rB t;#> c=ld il6tiJ olF ti \l+c? : , It; t; ,BiildrlF bli!a- i 1i-rt9 'rl.IjdR nxqso I I IiIt !Hn^ '! 1.1o H{F $$ i ir!Ui>i{ ;\ ni9|nF d5r} r Lro # rflfotd rs9 L8 00vuotol 'lv 6Z ItNn - tAA rrem Lano l lrle L5/J lue l/ Apr ZO04 12:32:19 PM MDT Page 2 of 9 -l =qErv I-tr'd litlb Land'Iitle Guarantee Company Dstc: ll4-27-2fi1n (hs ()rdet Nnnaba: VgHH"s3lXl Pnrpeity Addrrxis: UN-I[ 796, VAILVILTAGEINN C'UNllOrrilNlUnG VAII,, CO E1657 Buyer/Bomrwcn Nrco !Alr4 rN (:, A cu[{)RADD cOnI}ORAnoN Sdier/()wner: iiAYBCU,ii COiiISRA1'iON N.-9., A r\Efiiiiftt-4,iii}S ANfil,i.i)S CORf{rRAt-tOti I44.re Infornrafion: B ank FIRSTBANK (x' L{)L( )RADO 10403 W COr_F.^J( AllltVLrE LAxnw0OD. co E02ls Phone: &13-237-5tXltt Credih LANIr Tmrn CUAR NTD|I CONIP l.{y AIIA No.: I07tXlS04z Acqrunt: 2l6tf52l$Zs Attention: Karen Biggs Nccd.a m?p or dircrtions for your upcomiqg closing? Chcck out Land lith's $cb $ik at www.ltgc.comfor directione to any of our -ii ofiicdlocniioiis. ESTITUATII OF TITI,I] FEI1S Alra ()rEf,s l:rrlicy lll-17-92 Deletion of Exceptiom i-3 itrv'-*rer) ilclction of Gcocral irrtctfiion 4 (Orvncri Tu RcprrtRit5ii6ll5 $29s $30,tu PIJ oo o0 UU co 'I'OTAI,c?qn nh a6!r qoltlcr (8/2003)IN.NI( YOU fi}R YOUR OItDtrR! From Land Title (57)fue 27 Apr 2004 12:32:19 PM MDT Page 3 of 9 + Clic4o 'li0c lcurarrc Comprny ALTA C0IU$ttTIT.IENT Sch€dule A Pnrperty Aaldress: uNIr 796, VAIL VILLAGE INN C(D{D0}[NIUNIS !-Atr , LI] 81657 Our Ordcr No, V51D05300 (hst. Rd'.: 1. Effcciire Date: Aprii 12, 2ii{i.i ai 5:iXi F.Dl 2. Folicy irr ire itsneri, and Froposrxl Insrucd: 'AL'IA" Owrnt's ['oticy 1$-iT-92 Prcprned lr:ssed: l\Ico y.Ex_, INc, A Cor_Orr-AoO cO."$oHAltoN $sG,csc.s0 3. fne estatr or inftr€sa in che lanri dqscribcri or rcf,errcd to iu tfti6 Conrmifiretrt anri clrrc.red herein is: A Frc .Simple 4. Tilic io iiic siial4 ar inlcrcst ctrrc*cti itcrc'in is ai lbc r:ficclivc datc ilcrcrf vcrtrd ir: DAY]TIER C{}P.PORATI{}N N,t.'., A }JETIIEP.L{,ND.5.A"NULLLI; COP.P{}R+T!$T.J 5. Thc laod rd+rrot! ta in ihie f,'rmsitrnenl. ig describcd as follows: C0ND{}DIII{IIJM UNIT 79{t VLLA(;E INN pr-AZ-4" ACfi)RDINc T() TInX L\}i'{D(Nm{IU1\{lltAp TIIEREOF RnCORDrdf, NO!-ItMBrdR 19, 1982 IN BOOK 349 AT pAcII lt. AND AS DrrT,tNfdD N TfilI CONDOI} NTUIVI DBCI,ARA'IION R"ECORDUD NOVDMBER 19, 1982 rN BOOK 349 AT PAG€ 12,coul{Tr or E{GLE, sTalE oF coLoRADO. rron Land t'rt I e (57)Tue 27 Apr 2004 12:32:19 Plt{ ffCT Page 1of 9 Land Title Guarantee Companv CUSTOMSR DLqTRIBUTI0N Title Datu 114-?74il114 (h' (hder Number: VStm0S3tXl Pnryerty Addrcss: trNrl-?96, VAIL VtLLdcElNN (ftNDOF.,tlNil_tMS vA!L. CO 81657 I}AYI\|F.IT OfIRI|IORATI(X{ 12 VAI|, R(iAt) SUIIE 2IM vAtr, cp 816fl A.rnr L\lNNIli DOI{.SIIY/WAII)IR PRADO tuur"; !l&47$5632 Ezx. 97Q476466r licnt Via lra rrjc H. TvtE"rm P.(1, ltox 176 \'1|tl. co 81658 Phon: 9lL{76-3696 It8{'. 971t4763723 Starlta Fg' L,II\ID TTTLE GIJARANTEF- C0}TP]INY rOE S. FRONTAGE RD. 'V9. ITIO3 r.(t tt(!x 35? VAII, (:() alait? ftnr lGren figgs Finncr 9lfF4?G1:51 Du: 910-1764i&l Eblaii: ltlrigls@lgtt- conr ffyrn hre any irquiries or rrErirc iirlirer assirtnrrg pleasc conhct onc of tin mlrirerc bekrw: For fitle .{sistance: Vail Title Dept. Rogcr Avila 1rB.S. FRONTA(;E RD. W. #!tl3 P.O. BOX 357 vAu,, c0 81657 Phone: 97li-476-251 Fax:. 97O.416-4732liMail: ravila @llgc. c.oar For C'ft rsing Asristsnft : Karen Biggs r(lE $ }'RONTAGE RD. W. #203 P.()- B()X 357 vAIr,, co 81657 Phonc: 90.477-4510 F^x1 Y7$-4i16-{132 lllflaih kbggs@ltgc.crm 04.&04 Page 9 of 9 - .IOINT NOTICE 0F PRIVACY FOLICY Fidr:lity Nntional Flsancinl (lrorip c! Crmp:rait"s/Chicsg$ fiilc *i,suraacc C<;npuny aad Larid llilk' {iuarunlr:* Compauy JruI r, /t[rl l4'e rccognizc and rttpoc.l tlrc 6ivac^v clpcclalior$ of lodav's conjurn.rs ad lhc ftqrdruornls of apdicablc fcdcrd andsldr' prir u:y-lurr s.- Wt lr:liuvr'llut iu$dfu J()u u\rarr. ui lirw u'r usc lonr non-pnlffc prn;o*'t idrliuutirrn ('Itcniou{lnlormllloo'J, ard to whom il is disclos+d, wi!! fonn l.t* besis for s mlrlicnshjd of tnit b(.ltveco us snd Ulc o{ldic *Pt wc scrru this ltivr*y Shtmod pnriid$i |hrl tlrTlanttiul llt n:scrtc |hi dgnt ur ctt 'fgc ltis ltivncr-'Stulcnrnt Irum lirlrc b li]L' conjirjlcnL wilh appli('Jltc Fivocy la*$ Io thc couftc of our busiuu;s, wc may collccl Pcrsonal lnformation about you from thc following s$urocs: + .t'mnr al4riicntinrt or r lrcr farrts wc rccciy(. fmm .vuu or .vtrur uuiirorizcti cptc*cnlaiivc;* I-ntnx y11uF hutrqttctioui nr{r, or fom tb:: s+n ics k':ng ;irfurercd by, us, rriu ufliliat^.r, or othcrs;t .['0m our inlcrrrct rrcb silcsii I'ru.m thc Frblic ncrrdr rnainuirrcd_ try gov(:mr.nhl cntilir:; tlurt rrc rrittrcr olrein dirccuy fn[n (h{rsccsiigc$ or fmm our alfirGairs or oltrcb: srd* ! nrm corrrrrncr or (rthr:r n'F )tti ng :ry<:nl'irs. Crur Foiick* Regarding the Trotection of the Confideniiaiiiy and Sccurit.r- of your perlonal Inlormaiion wc mdntlin phrrsicd, r:ltctrmic ard pnrctdunrl safqruarr8 tr Dnrlrct loru l,r$ond ldrrrmditm fnrm urunrthuizcdtrccss or inlnrsion Wc linril accc'ss kt lhc Pcrsoml lilonrulioi orily lir ltursc cmplovccs who nccd such acccss incounocli<n wi& grrviding prxirx.Lr or $-crl,ices- lo yrxr or firr olh'r ligitinult ixrsfacis lmrlrrsclr. Our Policic* and Practicc$ Rcgarding lhe Sharing of I'our penonal Inlormation iilt.g^i .F t ;<rur lkrstud lcfcirrilliin wilt riur-idllliat$. such u; iii;uruncc cuE:.trr irr;, igcnt; md {rtbcr rcstcslalc sclllclrstrl scrvicc polidc6" lvc also rnry disclosc your ltcjonal lnforndiori: ] io'agtnls, ixulcru ur rtprt*nlaiircs tD pnrvidc you ri(h rcrvicrs you bulr $qucsi(d;i gt ttlrd-pr+ stehcttrs +r.sr.nj.:e F,Rriid.-.nr wj*r pntride sen icrls or ptdrrrui lle*;jd.B rr t&r'rfuncfori ori our hrhalfl and* kt othcs with whom wi enh:r ioto joint mrkllilrg qn\ern'mi for pnrduch or scrvicut thtt r,r'c bclicvc you ma-1, find of inhrcsl In dditioq wc will disdosc -vo[r Pcrsonll ldormalion nhcn vou drrct or tivc tn trrmi$siort. wben wc arc ftouircdh^irw itl d<t srt, or ryircn wc srnipcct imudulcni or c.rimirul *'iivitics. i?t aiio lrlrv -rii.rrtrx;c vriur itnrxrullnfonn.alioo whcn olhcreisc pcnni-{rd by apflicablc pdvacy !ar+s surh s, firr cxsingc, whch disclesurrc is s.edcdlrt crfirrcc rrur "iqhLs urisiqi irut of am alrftLrcu, rriniacdon or n't*i<rmhip *ia y?xr f 1tI_ ry iTqTb+ rusgrmililitir-s of srnt cf orr affitiatcd_crnrparirs is ii' ftcord docnm:nts in $u: pnFticdomar]L t*rch doclmtnls moy conbin _vorrr pt:nnml Infonmlior|. - iiJght to Actr"ss Your Pursunai Inlormatiun und Abitity to Corrccl Errors Or Rcqmst Changcs Or Drlction (l'rlaio slalrs alftrd yqq {x' righl l,o lrccss your Pcrsonal lnformadon and, rudcr ccrlain circunsbtr(ri, lo f[rd outlr, w'h(tm your I'cnon:rl lrf,trmralion hrs trcir disdrx<d. ALso, ccriuin $tut(*i dfrrrd vou tlrc rir-Dt tr n ouistcutlt(Uor+ an*ndnrcrri or tluiciion trf .vr-lirr Pcruood lrrfurrnaiiut|. Wc .E.r(.nc lr',c al4rq whcrt pr.rmiifid b.v la*, 1ochargc a nuvrurHc frre lo c.oa.'rr lh_' .jrxils incunr.d in rt*pxrnrfing trr -.luc& nqur:rb. .- All,ncqrcsb sulxnikC.h. t" I'i*lity.l\la_licml lin:raciat Gmup of CompcaicVChicaec l'!flc lrxuramc C.ompr.ys.bdl tG itr wdlinr. ard dclivcrcd lo lhc folowing iddrtrrs: Priviny Cum$iurce OffirerFidrlitv Naliona! Ij!4ncid. lnc.{050 Calle Red. Suih 2m Sanu $arlgra. ()A 9311{f lllulliplc Producls or Scrvic.ts S::t g.r$S' -vou with rn<rtt iiulr grrc ffg,.xiai trnxiuci grscrvig, you ra] rcq:ivc nrorc ailad 04 privacy uolicct*rm ui. lt'c sF rlgicc fitr uny hc+u".":icsr* lds E:sF c:gs..r :i{rL Form PN.fV-POL.CHT From Land Titie (S7)Tue 27 Apr 2004 12:32:19 PM MDT F rom Land lrtle (S7)Tue 27 Apr 2004 12:32:19 PM MDT Page 8 of 9 I,AN D I'IT'LE GUARA N TUE, COI\IPAN Y DISCLOST]RE STATEMNNTS Nots: Ir&Ttrtrnt kr LT.S Lt)-1L-122, rnfic* is hcrrtry givm ftd:A) The subjecl rcal Fropety may be located in a special taxir€ di,itriclIt) A Ccdihcalc of l'axs lluc lisli4 cach iaxirqg.iurisdiclioo rns! bc obtaincd trom lhc County TrEstmrt's anftorized agent C) Tlhe fnfonnation r"gerdil€ special districts ard tfte inwrdaries of such districs may he obtairrd fmm Urc ltoard of Gxmly Cbmmis$iont'rs, thc Couay Lricr{i ord ltcrordci, or ll[' [}]trnty Asscssor. Noie: Iifieciive September 1, 1S?, CRS 3ii.i$-406 requires ttlat all (hcunents receired for recordirg or filirg in ihc c-icrlt ard tr.tortleCs officc sluiii eoniaia a trip rnargin rf at icast otr irieh :in<i a ici! rigiri and boiiorn uurgiu of at lumt trc Mi' of an irrb. Tirt clrrk n'l 16ordar- nral' refrr* t> n:crnri u filc any &rcurutnl ihat do€s rmt co fcnn €xcept liiai tre rc$iiterricrii for t}P top margin shril rrj't apd"v to doclrii,crllj usirg iorrix on which sSan{ b Froridcd for rccoidiq; or Etiog iofornu{ion at ir'rc bF srirgin sl tr't{' doc$ficr*. Notq Coloro&l Eliyisicn of Insuraee Regula$ons 3"5'1, Porageph C cf A*iclc \TI qrrres ilrat "llveryli0c cnti(y s,htll t+ rerpons;!:lr fcr clt ,unlhrs :rhch agxr cf nccrd pricr !c lhc llnc cf ;ec+..rf;q; whencver llp tifl€ errd* cvnritrc*; tbe ckrsing ard is n:spmiHe !'rlr reurrdig or Eliq rf !ega! thctgnents resulting fnrm tre &"!!saction rv- hich r'.'as cl#ed". ht0vi& iha! lend T!!le Guaraqhe(trm{eurl colxltrLq thc ckrsilq of th+ lnrrur-d lanrraclion and ir nsglcit{c for recorrftng lhc bgal dtnnr*ltc lhrnr ahe hansacrion, exceptftrn mrnhr 5 nfll rrrt agqxxr on tlrc (hl-mrts fitle Policy ard 0rc tcnibn Folicy v'hen hswd. Notc: Alfimnlive m,:chanic's lir:n pnrhction lirr the (hryner mal' bc svailalle {fiicatly lry delction of llxception m. 4 of sche&ie B, section 2 of fte coilrmitneot fmm 0rc orrncr's policy b be issrcd) ugrn compliancc u,ilh lhc followir4 coditiorn: .4,) Tlrc lrrd dtscribcd in Scbdie A of this contrnitsnent nmst he r sirgle l'unily residerre which includes a con&minitrn fi townhouse urdL B) No labor or rralcrials havc bccn furnishcd b.v mcchanics or mtt(.rial-rncn for purposcs of crnrtrnction on thc lrd deseribed in Schr&ile A of tbis Ltrrnnihrent within the prst 6 rnrntlri. C) The Comparry rrrst receive an appmpriaE dfi&vit irdemrifyrry the Comparry agai|Et un-ftcd mLr.hanic'r and malcrial-m+n's litns, I)) 'fhe Compmy lftr!$t leceiye paJrnler* of t]rc rypnrfiate prmiunt. L-l ff tfurc has been comtrrtioq improvennfis or nujor rcpainr rf,derhhen on tre pnrperty to be prchared *ilhin slr nnmiin prior lo t!rc ilui{: of iirc C,trrmnitnclq thc rctprircn*ols lD oHain covcrqcfir ulecrrrdrd liem wiil includc: disclrxure oi ceftain corxiruciion inirxnulionl filrnxial in?rnnalirm. a; to ihe sellu' ti* builder and tx ilre runifirior; piprrcnt of ll* aprrrrlxiah ptmiurn iriliy crccrtlcd idcmnitJ. Ag.ccnrtias beiisfactnr.y.- l,o lhc criirparry, rrrl, anJ rriiii0ooai cquirctncriiriia ma:f he rRcctis$it' al'ii:r a;-r eiianrir,atiiln <if tlrc, aiirtsaid fuf,iirnralirm tg Sre C<irupriry. Flo (tvcragc rvil! ttc 6vcn rnxlcr a:ry cireirnr:,rcrcce lor labcr or maicrial lcr *hich lh issred b:+ s;finrchd fi;r cl. rgrueC trr pay. Nol*: Punuan! to Cl{S 10-f1.123, nolice is hcnby givec Ihit rrrdce ep$ies tr owr:t'-s prrlir-'y crrrunihrunh ronlfliung $ n]lneml sevol"mf, irrstruned exeepdon, or e.xceplions, in ,Sfheddc B Section 2- A) nt!1 ltcft is rccrlrdcd cvidt'ncc that a mincral cshtt. h6 trcn scvcrcd lcrcd. or olhcrwisc eirveyed firmr 'he srEface estat4 ard th*t therc is a sulx0nrtial lih'ihrnd that a third Frt"v holde sorne or all inere,* in oil, gas, olller miDerals, or geo0lermal errcrgy in the pmperty; and B) fhd st*b mincnd cslalc may iocludc lh right lo cnlcr axl usc lhc p.{rpcrty *ilhou! lhc srufacr owrrd s prmissirn Nolhitg hcrcio codairxd rtill bc dccmd lo obligalr lhc compooy ln pruvidc any of lhc covcr4{cs rrfentd t) hr:nin ru css tbe atxlvc condlioni are l'ully satir$ied roE r DISgrosUP'I 09,/01.t02 From Land Title (S7)Tue 27 Apr 2004 12:32:19 PM MDT Page 7 of 9 ALTA COMMIl'MEN'f SchetuleR-Section2 (Exccptftns) ()ur ()rder No. V5lxf{153|n l'hc polie y or policics lo bc issued rvill conlsin cxc:cplions to thc following unlr$s Lho samc arc disposed of to tho $an$action of tle Company: 13. I'ASEIVTUNT AND Rlctlr' ()!' yvAt As GRAN1IiD 1'o HOLY CRUSS l]JrLllilC ASSOCIATION, INC., IN lNSff{tIfilH{TRF,C(}RDB, N(}VmIBm. L9, LSTL IN B{X}K222 ATfA(;E Jzt, AND AS SIIOllN ON TH[, CONDOEm]iIti-ltI I\IAF RITCOK]F,D NCrl-It$lBF;R 19. i982 IN BOOK 349 AT PAGT' 1i, i4. llAssjl\[r'].,1T GRANl'!.;l'i0 rtci,t cRs;s s,!-itcTRtc Assocl{TtoN, ti.tc., iF.{ tNsl'Run.rB$it' P.ECORDED .IAI.{'JAPJ 21. 1.t!83 II.J BOOIi 351 A? pAt;E 397. !5. TI!(tsiE PR(}!A\1(}NS, L'{)YEN.{NTS ,AND LI)NDIIIONS, EA.\:SIT,!EI\TS ANI} R]&STRILT!ON-\, WHICT{ ARE A BTJRI-}IIN TO TTIII CONI-}OI'flNTUIJ UNIT DIISCRIRT{|) IN SCIIIIDUII1 A, ITS CDN'TAINED IN INS'I-iTUX.IENT RSCOR"L)ED NOVEN'ItsSR 19. 1982. rN III]OX319 ATPAGE 12. 16. REL'IPR(XIALEA!-BUEI\TACRffiIffNT BETlllEEN VAILV[Ld.(;E INN. A COL{)RA.D0 CORPOR,ITION, JAIV']\{ ',TD., A COLONADO I,IMITED PIIRTNITRSIIIP AT{D VAIT, }TT,I/TGI' rNN ASSOCL .TES, A COLO|{ADO Gfl,NHRAL r}lRlNERSHtrr RIICORr}ED JANUARY 3, 19$ tN Btx)K 351 AT PA{E, 324. 17. TERI\{i, C(}NDIil{}t{S A}[D PRoVtr)*toNS OF ACREEr\ffi{T RECORDED SFrffiArnn 09. 19tt3 TNROOK36? ATPAGE833. I8. ItASF,lfttNTRETWm'N vlr,r,Acll tNj\t pr"lz,A coNTrcr\.flfsltit{/\ssocTAfioN, A cor,(rR rro iioN-PRoFiTcoRpORATrOFi, VAIL VILr,AGfi INN, IN(:, A COLORADOCORI.{}|L{1'ION, AND F & L I'AIL I'ILIATE FARM{ERSIiIF, A COLi}AADO (;EhiERAL PARTNERIjHII' fi nocuNrF,FiT RncoRi)rriD jur;i is, t984 itr BooK 388 AT ?A6n E52. 19. A^'SEI'ff,I{TS, CONl>:.trONS, CCI'til.lANTS, Rr"SIRICTIOI.JS, RISI'RrJ.^.TIONS AI.iD I.lgIrT$ CNIJHE RI:CORDS.D CONLTON{T}IIUNT.I,AIP O}' rJT*^AG+; tNN PIJ.ZA. From Lanct rltle (57)Tue 27 Apr 2004 12:32:l-9 PM MDT Page 6 of 9 A LTA COill$tI1'1t{EN 1' ScbeibleB-Section2 (Exccptions) (hrr ()rder No. VstXlltSSX) Thc policy or policics to bc issuLtl nill cuntain cxccptions to tbc following unlsss Ulc samc arc disposcd <rl to Ore sati.fraction of the Cornpan5i: l. Righls Or clainrs of purties in lx)sscssion ool slr)wn by thc pultic ffr,ords. 2. Ilsermnis. or clairns of eagerentr, rxri simwn -W the pirlic mlorfls. 3' Dhtrtpamiur, turfiictr in lxnnrdarX iims, slxr@r: iu anur. ernnrachnrenLs, and uuy fu:b vriich a torurt sruvqi arrl ilrspeclion of dre fxenri*s n'ouid disciose and nftich are oot slrown by tic pri;Iie recorils, 4. Aay liur, or rjghi t l ii litDr litr seirices, hlxlr i;r mafeiial thcrlrifore cr hcreJbr I'ra-airF.ed, imp>std [g l*w a:rdsrt shorm b.y E* pd*ic rcco$s. 5. Defirts, lisrr, enurrntrrurces. ad."er$e de!n$ +r <{her nratten:" !f arry, crer&d, fint .:pp$riq iu &e prlrtic recqrrds or aEach-i!€ s!ib6eq!en! i0 fire elfe4tive date hereof Lrrt pnor !o lre &te tle Fleposd ilrs"l,'gd *cquilrs of rrcord for valrr lhc c$lalc or mtcrcsl or rllorlgflf,4] llr',nxls cover-rd try this Clommitrrcnl 6' Taxer or special sisessments which art mt shown ag existirE lie'm by tre puhlic records, 7. Liem for ruprid waler md sewer chrugr:.s, if any. & In addilio4 lbc owmds policy will lx subjtcl lo thc rnrtgagri it q, m{rd in Scclion I of Schodltc B bcnnf. 9. R|GHT Ol'pROpRtBTOR Ot'A vtttN oR t oDt: 'ro Ex'r-RAcT ANt' Rtilrovtt Hff; ottu THEREFR(TVI SHOULD TIIE .SA]\M BE FT)UND T{) I'EFIETRATE (}R INTER.SECT TIIE PREMI.SES AS RTJjSERVED IN UNITNf,' STATTTS P.'\TFNT OF RFXORD IN INSTRUIVIENT RNCORDI'I) JUIJlt" 1899 rN $QOK 48 AT PAcfrt 115. lt. iUGFiT Ol' WAY r''OR Dil'Cttii1 OR CANALS CONS"IRUCTII) IiY THii ATJTHORITY Ol'THIi UNTIED iJTAMS, A'S RESERVM N.i UNIIED.$TAi"gs PATEF{T RECORDm.TLY .12. 1ii99. Iht BOOK 48 AT Priffi 475. I:. RI6TRICTF/I' COYITNANIE }YHICH !}O I.JOT CONTA'}I ..t FORFI]ITURE CR R!',/Tfi1RTIIR CI.IUSE, BU'r'Ct {rTnI\G ANy (}DVS,NAN'I' OR t.gSl.pJC,[rOF{ gasu} O}] p.t,Cc, CO!.cp., Rs,LtGrON, SIX, E^-NDIC,a^P, E{MIIIALSTATTJ^S {}RNATI(}|L-AL ORI(;f,u UNL.Es,;^AND {}NI-Y T{) THE EXTFNT TIIAT SAm C'OVENANT (Ai tS r{ili|lrpT UNDRR CtI -I'fli]R 42, SnCTION 3607 OF l'|rE UNITE!} S"TA!'LS LQDE OR {B) RELAII'S rO ELNDTCAP BUT I}OI]S NC|T DTILIRIIITINATEA(;AINST HANDITJ.AII PSB."'"S, AS (]ONTAINED IN INI{TRI_INTENT RI}L-ORDM AUGUST 70, l962,IN ROOK 174 AT PAcn t?9. 12- rttslilunNTs, cor..{DtrloNg cwltNANTsi RrrjsrRrcTrcNs, RnsERvATroNs AND NOTrs oNlIrE RI'CORDED pt-{'r-O}' VA|L vx.L{GE },.[LSl'f-lLING. From Land Title (57)Tue 27 Apr 2004 12:32:19 PM MDT Page 5 of 9 AT,TA COIUMTTMSNT Sch€&leR.Sectionl (Rcquirnncnts)(hr{)rduNn- V5m05JXt Conlioucd: NOTF,: ITIltslS 1-3 OF TIm GnNnR\i, f,XCitPfiONS ARIi ItrinERY I)il,FtTIiD. UF(iN TiiB' AFFR()Y.{L (il'fiiE c(iir'IFANY AitiD Tm RBCEIIIT oF A N(}TAREB fislAL um-I .'lIiFIIlA-v'ii, ITiSri l'[O. { OF Tiiii i}ii.lftR/ti, iiXCEFfi&\S }TIU, Bi] Aiviiii{i}ED,tS l.'!3Ll,Ows: ITEFTI NG. 4 CF Ten GFNER. .I. Ex{CnPfiC$S N DII[J,-IFJ) AS T0 ANY LIr,NS OR F{ITURII LIENS RIISULILNGIRo\r woPJ( olrntATHp.rAL f-uriN.[sHgD AT'r'ng R!rQuF]S!- O]'t]Ay]\,rER LI-TIIF0RA.IION N.V., A NDTIIERL^ANDS ANTIIJ.ES C'(}RP(}RATION, {FIICAGO TTTT,N INSUFNNCII CT)I..!PANY SIIi.T,I, HAYII NO [-,-IARII,ITY FOR AI\[Y T,II'NS A$rSrNGr,R0rll wo|lK oR rlIaTEftrAL luRNrsHuD AT tHE I{UQUEST Or NICO VAtr,,' rNC., A (]0II )RADO C{)RR NATI0N. NOl'Il ITUM 5 Of"fHE GEI.,IERAL EXCEPTIONS W|LL -BC DELLTIiD I1 |,AND lttTt B(;UANANIEE (]OIVIPANY (X}NDTIL-TS TIIE LI,($INC (X'TITE CONTEMPT,ATED TR,ANSALTION(S) AI{D RF,CORDS THDDOCWMNTS IN CONNBCTTON THITREWTilI. N{}TE: III{)N PRfi)F (}F PAYI\,IENT OF ALL TA)IAS, nm,t 6 }1III BE AlVfil'tDm T() RF"A,D: lAxlls ANt ASSIiSSMHN'rS |.-OR l'trE YEAR 2{'04 ANt} SUBSBQUXNI. YEARS. ITII,FT ? UI{DF,R SCHET'UIJIB.2 }lfIJ, RE DTil,TdTED UF(}I PROOr' TIIAT TIIII W\TI}R ANI) SHWSR CIIAftG{iS AfiTJ P.A,ID UP'rO DAIIi +++***+*++ fiOll'EE (X' f-I!E, CIIANGE, EFf,'EgnVH, SItf'IEtvlSilR l, 2$fl! +*+*+++*t'a Frrsuurt tD Cui,utab Rcrisql Stah$t 3S.10.421, 'Tt* r:ounty clerh ard rttonbr shill colklct a $rrfdraryr $f $1,$0 foy cscil <tocunrcnl reocivcd for rccordir4 or lilirg in his or frer oificc. iit suruiarBc afdl bc io rd&lior & arrJ oCbcr ftes permithd try $tatofie-" rr9rr Lalnq I rLte ()/J tue tl Apr lUU4 1l: Jl I l-9 Ptril MU I Page 4 ot 9 A LTA CO}TMIT['T$N T Schedile B . ,Section 1 (R€quinjncnts) Our ()rdcr No, V500t)53U) thc followiog arc thc rcquircmcnts 1o bc complicd riilh: llcm (a) tsbymcnt lo or lbr thc {ocount o[ l]rc granlors or nxrrtgqioci oI lhc lull c.omidcraEon lbr lIrc cslalc orintsrst hr l)s insurd. llcm (b) Fiolrcr furhnrn(si crtaiirg (irc. cslat( or inic(.st lo bc i(uftd must bc crccuic<i an(i tiuiy iricci ior recorrd,t>vii: lhrrr (c) ittficiit of aii iaxcg tio'-gci; trr ass,css"^-nts lcvicd ood assesscd against 'fii} :;ribjc.ci p=mirres r+i'ich an duc ^-l *--,-t r..a r lmta.ac- llr.m (d) AdCilicna! mquirunmls, if a;ry discloscd klow: l. CEI{11!.-!!,x} f-t}PY Ol- Rl.,lsOLU:nON OI.' THE ffJVIiRNtNcBOA$J) OI. THE DAyllt}iR(lt)Rnt)RATI()N N.V., ,{ NETTfERLANDS ANTrr.l,BS (:()RH)RAT!()N (ArrTrr()Rr7,rNG THE SALE OII TFII SUruT,cT PNOHIRTY AND fiM EXFf,UTION OII NECITSSART D(fi'TI,fFNTS} AND RECI'I'ING1TIATl'H-E}IOARD HAS tlEEN DULY AU:THORIZED IN I'IIE PREII{ISTFJ tsY THE C()R}()R{TI()N. SAID RES0LUTION IVIUSTBI] PROPERLY CERTIFIED BY,4,N 0F'F'ICER OF Ttrn coRPoR/trToN wrrETrnt coRPoRATrrsF L ArFrxF]D. SAID REsoLfIfioN Drusr BD SUBI}.TIIITD IO,{N1} APPROVTI,D BY T"ANI} l'Il'LE GUARAN1TE COTilE,NY BUT NEEI} NOrt BE RECT}RDED. 2. PARTIAL RELEASE OF Dm OF TRIJST D.q,TrID FICBRU-{RY 25, 201t4, FR()I'T DAr]!ffR CORPOR'\TION N.Y., r\ NETIITfiLAII{DS ANTIIJLS CORPrORATION TO TFIB PUBLIC TRUSTF;Iiol' EAGr}j COUN'l'y r.Ofi rH[ usE or wf;,sTs'rAR BANK 10 $U,CUR.U 't.HU ftult{ Ot' $3,ttto,ooo.tn RDc()RDrtD I\{ARCH 1s. 2tx}4. UNDER RECIil'rr( )N Nt). t7t}6!}s_ 3. Ef iDEi\iCE S'ATfriFACTORY Ti) TIIE U( )R.iFAi.iY Th:AT TiiE TERM,1 C( )Nllifi{}Ns^ AND PRovisroNs oF firn rollTi oF vAs, TR,rti{sFRR TA:t liAvii iiilnlq srrrisFiiri}. 4. r.YARlL.tJTY Dtll-a,\ FROF;! DAyl\.ttrlt SRI*R{TION fJ.\'., .,1 NnTgERl-r.hiDS ANTtIJ,fiS CORI"OP.ATfON 10 NICO VAlr' tNC., A COLC,T'.A!)C COPJTOP-AI'ION COllr./gYlNC SUIUF:CI- I'Rt)Pl]pgy. NOTE: -{NY BUYER D(X_:l_IIv!EN'f {lAN REFXF_f,:UIED By TI{i pltE'StIrEt{T, VIG-PB_ESIDENT OR CIT\IRIUAN OF TI{N ROARD (CfrOI OF THII CORPORAfiON. IF ANY OTTilTR OT,TTICTR OF r.HE CORI'ORA'I]ON Ott AG[,N'I'EXECUTIqS SAID DOCUI\IENT ON SSTT{Lr OI- 'l}iU L'{}RFOR4TI()N' A P(}}}]R OF ATTORNEC/RES(}LUTION IVIUSTBE PROVIDD T,O I*AND TTTLE GRANTING SIt ID AUTTIORIZT TION. T}ID FOT,T,OTVING DN,DTIONS/I}TODIFICATIONS ANN rOR THII OI{NIIR'S POUCY', November 5,2OO4 Unit16,17,29 Vail Mllage Plaza Condominiums Parcel #21010A256029 Descriotion of Reqgest This Proposal involves exterior improvements to street level commercial spaces in Units 'l6 and 1 7 and conversion of upper level spaces (primarily Unit 29) to a residential Dwelling Unit. Approxim ately 74 square feet of Unit17, in the northeast corner of the north plaza level will be converted to an Entry for the Dwelling Unit. Approximately 161 square feet of Unit 17 will remain commercial on the north plaza. Unit17 currently contains a "Loft" of approximately 153 square feet. This,,Loft,will be removed. Unit 29 will be converted to a two story residential Dwelling Unit that contains approximately 2104 square feet of CRFA (74 atentry,853 on level 2,1177 on level 3) . Unit29 currently, is approximately 939 square feet (714 on level 2, 225 on level 3). The Proposal does not deviate from the development standards of the underlying zone district. NEEDS TO BE COMPLETED Zonine Analysis (based on SDD #6, and Ordinance No. 15, Series of 2O01 (Unib 16.1 2,29)) i,;i:: i i:j!;j;"i1, \1.i. .{1:i i:,1|Lrl !1".;il.r;rr t. ili..,,:. r,i ii,:1:: i l.;iitii\.r Ila.r;:r1i,-- {ir i1i: i:'', 11,i,::i..r:i Lot Area Total CRFA Unit 17, 29 CRFA DU per acre Site Coverage Setbacks: Front .8'Sides 5'Rear 5' Existing 150,282 sq. fL '184,457s9. ft. None 12.75 61% or 92,O36 sq. ft. Aftachment: FRITZLEN PIERCE ARCHITECI - VAIL, COLOMDO ProLosed No change 186,561 sq. ft 2104 sq. ft. "t3.2s No change No change No change No change l{r:1.: ij,;:ir \r!ii\.r:lL'.. l-,r',., ir.:ii ,, i:,r' t..1 i.';rii, {-, i,;, r ;, , :i it; ..' i,i ij.'r) ,i. i, , :: ' t, t:\lt t.4:t, ,jtttf: i: it:lL.:1i;'. 1i!r11; rs.1 r',., 1,rr .,r,,i!!.!trj,a:il I tt::. il r.1 . ,,;)r FRITZLEN PI ERCE ARCHITECTS VAIL, COLORADO Unit 5 Vail Village Condominium Zoning Analvsis Continued Height 77.25' (site max) 33.5' (existing Unit 29) No change Loading 5 berths Parking 291 spaces No change in number of spaces but conversion of retail space should reduce parking requirement (2.4 spaces required for retail, personal services, 1.4 spaces required for DU) No change Commercial Area 25% of CRFA' or 43,096 sq. ft. 42,74O sq. ft. (43,096 - 1,1 66) 165C !,:st "..4;! !.rih! Driu, i:.-ill:',ti!::: L.. I . Vaii. {jll.,.a,r.; ii ir,';;/ ?: ')lt).47i..,:i2 i : {li(r.4:6.,ii:}i}'l lir iit ii.riljlr,a ilr r t'iil lr,:i:t i. L.r.r iri BUILDINC MATERIALS T}IIS IS A P}IOTO OF TI IE EXISTINC BUILDINC USED TO S]..IOW TI.IE ,\TATERIALS TIIAT WILL B[ CARRITD OVIR INTO TTII PROPOSED EXTERIOR INIPROVEN{ENTS WEATHER SHIELD WINDOW COLOR. ARCADIAN (WSP.35) (SHOWN IN THE RENDERINC OF THE SOUTH ELEVATION) re - - A,"::li^ 3x12 CEDAR DECK RAILS (TO MATCI-I IXISTINC) STUCCO COLOR - ' 1x CEDAR SIDINC (TO MATCH EXISTINC) STONE (TO N,IATC} I IXISTINC CONTEXT) FRITZLENPIERCE $ I Ilili I ALPEN ROSE REDEVELOPMENT v^ll. vtU.ACt INN V^|t RT)AD & €ASI MIADOII' Dfi|Vt vAtL, co 8 l65 7 PRottL-r #or05 fE m -'lrcN 2z 6F a I toI -Iag 3 3 t e o 2 E fi Attachment: C (a'o o) -Ito it- .0 7.O b fi o r'l' t3 o ao .l-tJo 3 3 )rr , e fro J 7J. 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'6dida$a r 9oRixxlIta lF Jrl I l l lI ) 1 : l tt H s $t6F f : li:l' VAIL VILLACE PLMA CONDOMINIUMS UNITS 16, 17,29 PARCEL #210108256029 vAtL, co 81657 PROJECT #041 4 SOUTH ELEVATION . PROPOSED SCALE: 'l18" *1'-0" VAIL VI LLAGE PLAZA CONDOMI NI UMS UNITS 16, 17,29 PARCEL #210108256029 vAtL, co 81557 PROJECT #0414 EAST ELEVATION - PROPOSED SCALE: 1/8"=1'-0" VAIL VILLACE PI.AZA CONDOMINIUMS UNITS 16, 17,29 PARCEL #2'tO'tOB256029 vAtL, co 81657 PROJECT #0414 WEST ELEVATION . PROPOSED SCALE: 1lB":1'-O" = l-f-sx4ch.iEiHZ=Yt-+d!ba:-N-!t oo|\ z+co:- arq$FS9 s..r Ei p fiR'o X zC U) c =- Iul Job ?e-Il$ zlr5ti EtHrl!Fl fnh'1sni.: >o6nrnc --r =01c -Z k)! u frrrn f;t- V)rrto-t z tl - thmo 'g 'n rnfFN mZ (rl..)l>t HI-l il 'l I I ,\ -'--'./r"' {olte m $>tu) zt$$lq 4lqEl Fl{<hF6sT|l z -.1 $ FTl ry @ IG + ntrnt >{6z ALPEN ROSE REDEVELOPMENT vrl co.167mo)rcl.orot 8 Attachment: D Nd I LL O- I o o o TOI4'NM Design Review Board ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: wwwci.vail.co.us PrcjectName: MEYERCONCEPTUAL DRBNumber: DR8050003 Project llescription: EXTERIOR ALTEMTION & NEW CONDOMINIUM Participants: OWNER LUC MEYER 01/022005 Phone: 813 POTATO PATCH DRIVE VAIL co 816s7 License: APPUCANT FriElen Pierce Architects 0ll07 12005 Phone: 970-476-6342 1650 East Vail Valley Dr, #C-1 Vail, Co 81657 License: ProjectAddress: 100 E MEADOW DRVAIL Location: VII-IAGE INN PI-AZA, UNIT 17 & 29 Legal Description: Lot: Block Subdivision: VAIL VILLAGE PI-AZA CONDO Parcel Number: 210108256029 Comments: BOARD/STAFF ACTION Action: CONCTPT CondlUons: Cond:200 A conceptual review is NOT a Design Review Board approval. Planner: Bill Gibson T0l{hr Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 tax: 970'479.2452 web: www'ci.vail.co.us General Information: All projects requiring design review must receive approval prior to submitting a building permit application' ^Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department' The project may also need to be reviewed by the Town council and/or the Planning and Environmenbl commission' bdign ,e"iew approval lapses unless a building permit is issued and construction commences within one year of the approval. REEtvro JAN 0 7 2005 Tov-coM:qEv. Loeatlon of the Froposal" Lot:-.:B!ock:- Sllbdivision: Physical Address: loo E uea{>rrl T>e" Parcel No.: z\o\o8zsGo (Contact Eagle Co. Assessor at 970-32B-8540 for parcel no') Zoningr 3U> t'lo C" Name(s) of Owner(s): LUL l"'t-Yze Mailing Address: Owner(s) Signature(s):Lvc- Name of Applicant: Mailing Address: E-mail Address:Fax: 4-lt" . '11o I Type of Review and Fee: tr Signs E Conceptual Review ! New Constructiontr Addition n Minor Alteration (multi-family/com mercia l) fl Minor Alteration (single-family/du Plex) fl Changes to APProved Plans I Separation Request $50 Plus $1.00 per square foot of total slgn area' No Fee $650 For construction of a new building or demo/rebuild' $300 For an addition where square footug-". ls added.to any residential or commerciaIbuiIding(includes250additions&interiorconversions)' $250 For minor changeslo buildings and site improvements, such as' reroofing, painting, window additions, landscaping' fences and retaining walls, etc. $20 For minor changes to buildings and site improvements' such as'- reroofing, painting, window additions, landscaping' fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee phone:41v.{-34L \/aitVfla7"frhn7 t Voi/ Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 97Q.479.2139 fax: 97 0.479.2452 web: www.ci.vail.co.us sDD AMENDMENT (CONVERSION OF PORIONS OF UNITS 17 &29INTO A RESIDENTIAL DWELIING UNIT) Participants: OWNER LUC MEYER 1212112004 Phone: 813 POTATO PATCH DRIVE VA]L co 81657 License: APPUCANT Fritzlen Pierce Architects tz/ZLlZlO4 Phone: 970-476-6342 1650 East Vail Valley Dr, #C-1 W//7c lnn Project Namet MEYER RESIDENCE Project Description: Vail, CO 81557 License: Project Addressl 100 E MEADOW DR VAIL VILLAGE lNN PLAZA, UNITS 16, 17 &29 PEC Number: PEC0400BI Location: Legal Description: Lot: Block: Subdivision: VAIL VILLAGE PLAZA CONDO Parcel Number: 210108256029 Comments: TOWN COUNCIL BOARD/STAFF ACTION Motion By: Second By: Vote: Conditions: MOFFET RUOTOLO 7-0 Action: APPROVED Date of Approval: 03/01/2005 Cond: B (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0006950 Approval of this major amendment to Speclal Development District (SDD) No, 6, Vail Village Plaza, shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. Cond: CON0006951 Prior to the issuance of a building permit for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Depaftrnent for review and approvar. Cond: CON0006952 Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map For the Vail Village Plaza Condominiums, pursuant to Chapter 13-6, Condominium and Townhouse Plats, Vail Town Code. A note shall be placed on the plat identifying one parking space dedicated to Unit 29, Vail Village Plaza Condominiums. Additionally, the applicant shall construct and/or fund that portion of the East Meadow Drive Streetscape improvements to be constructed in accordance with the Town of Vail Streetscape Master Plan (see Attachment E of the January 24,2005, Staff memorandum to the Planning and Environmental Commission). Planner: Bill Gibson PEC Fee Paid: $5,000.00 tr,,rffi of the Request: Localion of the Proposal:_Block:Subdivision: Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te| 97 0.47 9.2139 | ax: 97 0.47 9 -2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Developmenl Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: Application for Review by the Planning and Environmental Gommission .6 Rezoning $1300 Major Subdivision $1500 Minor Subdivision $650 Exemption Plat $650 Minor Amendment to an SDD $1000 l'lew Spoial Development District $6000 MajorAmendment to an SDD $6000 MajorAmendment to anSDD $1250 @o e rte rior mod ifications) . Conditional Use Fermit. FloodplainModification. Minor Exterior Alteration. Major Exterior Alteration. Dwelopment Plan. Amendment to a Develooment Plan. Zoning Code Anendment. Variance. Sign Variance RECIffiIVHD utc 2 1 2004 TOV-COM.DEV. $650 $400 $650 $800 $1500 $2s0 $1300 $500 $200 /v, 7AL F"-4"7a", ParcelNo.: ZIAW!5L2Ga (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) zonins: *m:; &.t- Name(s) of owner(s): /-UAMerce- Mailing Address: Phone: Owner(s) Signature(s): Name of Applicant:'4rt'l Mailing Address: E.mail Address: "! t-'- .-t' ,.iJ'o(}" o Page 1 of7-04/01/04 Slifer Management Company Property Management & Leasing December 8, 2004 To Whom It May Concem: Regarding: Vail Village Plaza Home Owners Association This letter is to confirm that the Luc and LizMeyer, owners of unit 29 at Vail Village Plaza, 100 East Meadow drive, have received the approval of 100% of the owners of Vail Village Plazato begin the renovation and remodel project to their Vail Village Plaza Condominium unit number 29. This letter is to inform the Town of Vail that the necessary approval process is completed and the required approvals have all been received by the association. The Board of Directors also requires a signed letter of indemnification be submitted to the Board of Directors before this project can proceed. Vail Village Plaza Board of Directors: Pres., Vail Village Plaza Homeowners Association Date Vail Village Plaza Homeowners Association ail Village Plaza Homeowners Association 143 East Meadow Drive, Suite 360. Vail, Colorado 81657 Telephone: (970) 4'1 6-1063 Fax: (970) 47 6-2523 ****X.i.**'*****{.,t {r*!N*'F**{.** * * {. * * * * * t ** * * * * * * * * * * * * !N. * * ** * * * * * * !r * * * * * r. * ri * * ** * * * * * * * * !i. * * * * * 't + +:F '{. tr TOWNOFVAIL, COLORADO Statement*t **,F{.t}t}t(*******,i*r********{.,*t *********,f*******f*****t***{.*+*****{r*****x{.*******r(*'t ********** Statement Number: R040007283 Amount: $6,000.OO L2/2t/2OA4O4;22 pt't! Pal.ment MeEhod: Check Init : ,JS Notation: #fO29/I'UC MEYER Permit No: P8C040081 T)4)e: PEC -Major SDD AmendmentParcel No: 210T0A256029 Site Address: l-00 E MEADOII DR VAII-, Locatsion: VfLL.AGE fNN PLAZA, ITNIT 17 & 29 Total Fees: $5,000.00This Palment: 95,000.00 Total AIJIJ pmts: 95,000.00Balance: S0.00**** **'f* ** *** f!t * * 't* * **+* * * *t** **+*** * ** * * * ** 't 'lr* * ** *,* t! ** **,lr * ** * {r * *,} *,r * ** * * * ++ * + + +* {. 't * *:t*'} ** * * ACCOT]NT ITEM LIST: Account Code DescriDtion Cur"rent Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 6, 000 . 00 o l.!:lri tii::ii::ir, .i::i, ,1:1, jii:rr. i 'i'viili.rr:' l-. t1';.... :., ..iii.i):1(i { lh,,rl.r: 1i. lir ii'::.,:ur:i:rt,'i, 5i,,:!)tri1:rir ii r'al J,.};!i,ir i.rt :1,i.: : f).:r.r<: i).Lrrr. rr, i:,r1., Ktll r,,, I lt'riit-:. i: .j, ir'"j.i i,'tr1i r.:,r': November 5,2004 Units 15,17,29 Vail Village Plaza Condominiums Adjacent Property Owners: Waldir Prado 950 Red Sandstone Road Vail, CO 816s2 Johanas Faessler do Sonnenalp Hotel 82 E. Meadow Dr. Vail, CO 81657 Vail, CO 81657 Talisman Condominium Association 62 E. Meadow Dr. Vail, CO 8.1657 Vail Village Plaza Condominiums do Slifer Management 143 E. Meadow Dr. Vail CO 816s7 tirI r ir-r ri .,',)i: ',,.r;li:! t.r.i!,.. lrrll;,:::.: ii i.\.!:1i | \1i.:t:tj. t :iii) ;, i': ri-': I .i-rir i: j :;: i: Ir.i::.,:: i-, Li) irr :ri,, r.r',:,t;r,:i i: ioi i! ,,, il ',.f".:r"'|, | ,i:t'! lr !,,r' i , ,,j.r FRITZLEN PIERCE 5w$! 4*ht l..lac,e: 'ft1noco Fo-r E'rrfu 6rrr.leu.r*{ N;{a rlra"'t Rcl A$,oo/.s Vilfage lnn Pfaza Condominium Association Of,ta v-rJ tlOr,tr Elf.;;Jqe Pd. 1r%i:::1fiffffip, suite 34 coorr ARCH ITECTS VAIL, COLOMDO 'I 1 :/i,t - 580195 E- 684Sara J, Fisher: P-190 !2/2ti95 02:05P FG L fiF ? EagIe Countr.. l:l€rk & Recorder it.L- ].!, . r0 DOc lVflllESSU fH, rtrlt 0u grat:ror(l).lbr a,1d an considcr{ri0),t 0f thc rrl1l , : I,tN DOi.L,r RS A]J Or rililt cr,)Ot) AttO v,qfu4rr, CONSiDERATiON d]e'ecejptnnd.(ufici:ncyof1vhlc|.ishcfblrchtowlcdgqd,ltasg'al)t:c.barg|i':cd.s!'ida1dco)'(ycj.'lxjb!,t}esop$&ht5do('je'8It,adn,5el! gilccsnvtvaJdcc'l|irmutodro8'in|cc(5].j6')ccc5so|53|tJr'$ig!l5lb.(\qr,:1ithcrcalpra|cr..ytog(]hc|wid1in.lo.'tll:cl'E' al1a bcing in tty Cou^ly of E4gic s!{d Strtc af Cok,rdr, dctcrtbod er! ibltrr{,! . WARII.A.\TY DEI.'ti\1il!s DEED. ;ladc rrs li! day c,r \:tQSSsSbq\ , lgej borwL.,,r LUC }I, MSY$R ^4C?A LUC M$YE}I AND SJ-IZABETH A. MPYNR of drd Cou{$'cf F$glc sqd Sste ofC(ior0dir, grnnfor(s), End n*lCQ V,r.lL, lhc.. a Colofado .Crporrllor! \rl!),s ifA$ sddrrss c,/o Slijir l'laug!;trcnt, ]t3 ERst M.idow Dr,. g,Jn, !6t, \'ail CO tIO; ' of {trc Co6dy cl Eagi& Starc o{ Cbloirdq. granbcs: R}:CORJ)eR's STAS{P SEE EXHIBIT 'A' AllACAr':l) H'rj,Rfil() ANi) MAOI, .{ PART Hjilll.:OF By 'illtS R})Ff_Ri:\CE aisa tm1ylr by sv€er nnd n!nr\:cr sJ: 100 l:asr ^lcqdow l)r.. Vii, C1. 3l0J? Tocl]iHLR*i.h!i|antIsiagu|udrehcrcd|uli)q!tsilida'!urt.;ll\'iE'iI('ls.]r|(rbdlol)g.]g,oIina|l)'wi5cs.peIral&nge.!v:.:i}[a$djtv$|o]ls' $'nai{&ri:f.d:9m'itdcfs,Kni',i5't|c'nncp|o'iBth.rcoi'lnddi'icc9l1:.'''i!l)i.ti|lc.i1lcf:t,claiF'nddc!nrndt!h'6oc'.1ro lar 916q61y, cq in a|le ic drc iboyc balgohgd Fr€,tiisc\, .vili thc f.rt;dri rr)culs ard lFpunenr'l€c5. TO HAVE ANi) 11} HCLO the sdd p(lm;scl abovc batgdrel atrrl 'i?!a(ibed. NiS |]re xppu: 4ntutcts, \rDr6 $c gr.rt:€c(s), i.i su-iessorj a;1d agsigriJfofcvcf--Anglhegr4!|o'('i'io'.*c[iscIvc6lh.i'bci's!l:tipC'5o|t8lt:p'i]c't{ivca.Joio!'cndt,:rlaqb!Igrif3'd€r6etosd!vill!ittc8rd1rcs.l,its su;ccsscn ani assigos. fiilr dt th; tirnc or':it coJeli:'nE acd itlivcry of th6:c l!?r€r!ti rre .Jldii jcizrd I't thr 'ttraises arove con ,aj ci, t)ave good- ti[r,pcrfut sbsglulE rnd itdcacasigtc esbte of inheliisrqe, in i8!v it {cc simih so.i hlve lcod !i_elt. fli p!'!l'ir lnd lavf-.tl auhority to lr3nl bargriA sali and convny $o 5iunc irl fiann€f atd fogD ihfcsrid, t0d tlt.l ihc saDrc arc rScc rtd ck:ar ftotrl oll fcnnir crrd qthcl grlrrE, bargsfur, lalci, lic19, q1e1 a-\5{$ncnt.t'B|cq'tbflrqJaIdici'icrionio(wllrBvc!k:ndorn^iu'csa(/tr.9r;cp!gCnc''iI3xc'and€q.55ner:irjor.droycrr|}9rluicjr'.bscgtrtFg rnd subjcct to orscrnonli, rcser'redot8- I.siricliot'tg, c{veltnb artd righlr cf Nrv of recod. llre Ita.[oi(t) shdl ar{i wil! WAARA}I l A}iD }'Ol.SVnR DPFENI] fi.. :rbc v r..bargrhrc"tl pfenlses in t'tc quilt afld pcrc.abk Fossc:jbn qfrla g:arrcr{s}, ig iuii(caors hoiB t|rd sssjglt, asililst all ond cvrq [,c,'(\n er !€rian5 ]r'.|vfi.riiy rlsi:]rlrg thc $ h,"'le or al)' ta.t theieoi Il; WTTNESS WIIEREOF *rc granlo(s) havc *eculed thir d:od orr r,hc ilrtr .ct fo! 1 lbovc. ^h, iicl- O.l t '.. $ tAfE oF cotoRADo ) ) s3, Co$ory of ErBl€ , ) Jhr. foNgoi;rg i$j,',?u|1rcrt wls ac!$o1tl(Cged bafcrs nrE tbiJ by Luc H. [.4c9cr.tli ].uc Mc]tr lnd Eiizabcth A. Mcycr, \{ da,or ,,0\s- $..,q* \!'.o6snr),h&drn,Jol &'d t?segLv OI f,cl 'SdStUdl ! UU$] r'iO!.J 1.Hts8;12 956T-SI-IA : i,: !g 'd ]UroI EXIIIBfT A Cortdomhlora Unltr 4 64 7,\ rl. 14. i5, l?, f8, 19. ?2,2i,34 and 29 Vall viilagc Phza L'ondonlidon$. accordilg to tbe.4rnsdcd C.ondonrioiuln Map thcrcof ftooldcd Ocbb€.3, I9S5 itl Booh 4?6 at Page 600, anri $o Secotrrl A'ldnd'n.d( to Ul€ Arndtulcd C'ondominiurn flBp for Vril Villagcthrr Cotdot inftBi ccoid.d Mrtch 29" l99O in Eook 5?5 al Pagc 64i, and I dr6lrd rrrd d$crib?d ia lhc C.aordomiaiura D:olanrioa ccordod Notrdlcr 19, l98r Xl Fool 400 !t Prgc :02, th. Fi!5t Amcrdftc,ti $.rcto rgoordsd D{..'ltb 21, 1989 b Eook 510 at l|g$ 305. Th6 Sca4nd Ainexl!6n! $rr€to t*ordrd Mrcl| 29, 1990 h looli S2J at Pec 6{0 i'ti rl|g thinl Andnd$eat thaFlo rccsr&d Jrirar}, 15, lttl in B6k j45 n P.$ 696, eosnry of l:dc, $rdr 0f coldrado- 580196 8-684 P-190 t2/2t/95 02:05P PG 2 oF' a0 {r &'e xzgEg/.v oJ_3d 'stEllu8l ? I*ft'l l,€ui btd?B:& 966r-gt-Ia -t'-'I PART OF LOT O Plotled: R = 545.88' A : 16000:30"L = 152-51' PROPERTY LIIIE IS II. FACE OF so 4y PIN A CAP L.S, r6827 "g PtN a caP L. s. t4827 soe50bo"w 12.64'a cAP L.S. r68e7Fzlrl =!J |ll =Ff N 9" \ VILLAGE INN PLAZA CONDOMINIUMS PIN A CAPL.S.t682? G BEG|I{ING PrN I CApL.S.r68e? PIN ACAP L.S, | 682?N eee356fr R = 545.88' L :154.15 A= l60lo'59 " T 2 ?7.58' Ch :S g9cl9'40"w t53.62 CHISELEO X IN CONCRETEL : l5z.5l Ch =N 89o24.7'Et5? -o2 THIS AREA $'BJECT TO R.O.IT. PERIIIT RECORDED EAST MEADOW DRtvE (40,) [t 8(X)K 39O AT PA€E 749 TWO STORY F'IAMt AND sTucco BUILDIIIG G.C.E- OUTLIrIE OF BUILOING Ar GRADE (rrp.) SEE S}IEET 5 FOR PLAZAAREA OETAILS ee\r'!"?\ \-;j ,ra , @^"1\ij G.C. E,r| 6{ '!lluJu'. u". s \o' rwo sroRy FRAME W: lbtlrE.r..!rt!E CJT.JNTY, COLORADO SURVEYOR,' S CERTIFICATE I do hereby certify thaL I arn a registered Land Surveyor licensed under che laws of the State of Colorado; that this condominium map is true, correct, and compl-ete; that such condominiurn map was nade from an aceurate survey of sald property by me and under my supervi.sion and correcEly shows the horizontal and vertlcal location and dlrnensions of the condorninium unlts, parcel-s, and easements of sald condomlnlum map as the same are staked upon Lhe ground in compli.ance with applicable regulations governing rhe subdivision of Land. i:":'iiil """""$$$,{i..ffi#;nd=and seal rhis .*{rL dav of i;i1",:;!is#teffri,,i$,.ffi1,i:,:::: ': s eazz Land Tltl-e Guarantee Company does hereby certify that TicLe to all lands shown upon this Map and that euch Tiall lJ.ens,J(ry and encumbrances exceDt as follows: l-t has examined theis free and clear of Land TltLe GuaranEee Coupany ZONING ADUINISTRATOR Thlg condominium map is hereby approv mlnlsEraEor this .30? aay or ^:;,t# Zoning Ad- I Town of Vail Town of Vail PIN 8 CAP L.S.r6827 o) PART OF LOT O EASEMENT WALL gaooaa,ae,,e NPROPERTY l'\lE l$ O N. FACE Oq iEMEN WAL u r.o &) sQ l.2osg' "fl PrN B CAP L. S. t6827 sogo30'oo"w 12.54' tN a cAP L.S. t6827 106.29, VILLAGE INN PLAZA CONDOMINIUMS PIN 8 CAP L.S. 16827 INT OF BEE}HHING sSzo PIN 8 CAP L.S. r6827 PIN A CAP L.S. r6827 F =lrl =tda<tlrl F J Fl b$l $" lits toIq t,Hlrl3| (\, -o,o ogq PIN A CAP L-S. t6827 Colcu loted.545.89' l6ooo13o" t52.5t' =N89o24.7'Et52 .02' R = 54$.8F' L = 154.13' A = l60 lo'39 " T =77.58'ch =sggolg'40"wt53.62' Plottedl fl ; [=L= ch tt e$v qo\,/or /eF OVERHANG 'o TWO STORY FRAME ..- AND STUCCO !'rO BUILDING a. .f /; s' i-o #iuu.no*nI2.9' $f=ovennand (o' G.C.E. G,C. E. PATIO L.C.E. UNIT 5 OVERHANG OUTLINE OF BUILDING AT GRADE (Typ. ) SEE SHEET 3 FOR PLAZAAREA DETAILS 6 2\E ?"?\ @^oz\(A\?ft\ ?^o*' \ej rZ\ )?\fa ''" -f :> 2.9' fr.IJ\.o. G.C.E. t t.ei G.C.E. o- ls. a' \..-1q.5 T\10 STORY FRAME AND BT sruccoI BU tLorNG i--\./ ;"arto \' L.c.E. f IJNrT 51 UTILITY ENCLOSURE G.C.E. TWO STORY FRAME AND STUCCO 8U ILDING ({ffi ORY FRAME /a$ F(t \-ro- %W*W TWO STORY FRAME AND STUCCO BU ILDING EAST MEADOW DRIVE (40'} MEMORANDUM Town Council Community Development Department 6rri {rr',t lc\ zd 'l-oTO: FROM: DATE: SUBJECT: il. March '1, 2005 Ordinance No. 6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase l, to allow for modifications to Units 16, 17, and 29, Vail Village Plaza Condominiums, pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village lnn), Lots M and O, Block 5D, Vail Village 1st Filing, and setting forth details in regard thereto. Applicant Luc Meyer, represented by Fritzlen Pierce ArchitectsPlanner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant's proposal is to convert portions of the existing Units 17 and 29 of the Vail Village Plaza Condominiums, Phase l, (generally located at the former Phoenix Rising location) from retail uses to a residential dwelling unit. The fascade of Unit 16 will also be upgraded as part of this proposal. This proposal will add 2,104 sq.ft. of gross residential floor area (GRFA) to SDD No. 6, Vail Village Inn. SDD No. 6 is comprised of 3.45 acres and consists of five phases of development in the form of the Vail Village lnn. Staff is recommending approval, with conditions, of the applicant's proposal, based on the criteria established in Section lX of the Staff memorandum to the Planning and Environmental Commission dated January 24,2005. BAGKGRot,ND $T: At its January 24, 2005, public hearing, the Planning and Environmental Commission voted 7-0 to foruard a recommendation of approval, with conditions, to the Town Council of the proposed major amendment to SDD No. 6. The Commission's recommendation was based upon the review of the criteria noted in Section lX of the January 24, 2005, staff memorandum and the evidence and testimony presented, with the findings noted in Section X of the January 24, 2005, staff memorandum. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal and noted its support of the proposed design. This proposal is scheduled for final review by the Design Review Board at its March 2, 2005, public hearing. On February 15, 2005, the Town Council approved the first reading of Ordinance No. 6, Series of 2005, by a vote of 6-1 (Donovan opposed). llt.STAFF REGOMMENDATION The Department of Community Development recommends that the Town Council approves the second reading of Ordinance No. 6, Series of 2005, with conditions. Should the Town Council choose to approve the second reading of Ordinance No. 6, Series of 2005, with conditions, the Department of Community Development recommends the Council pass the following motion: "The Town Council approves the second reading of Ordinance No. 6, Sen'es of 2005, an ordinance adopting a revised approved development plan for Special Development Distict No. 6, Vail Village lnn, Phase l, to allow for modifications to Units 16, 17, and 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village lnn), Lots M and O, Btock 5D, VailVittage 1"t Filing, and setting forth details in regard thereto, subject to the following conditions: 1. Approval of this major amendment to Speciat Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit for this major amendment to Specia/ Development District (SDD) No. 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Department for review and approval. 3. Prtor b fhe rssuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, pursuant to Chapter 13-6, Condominium and Townhouse P/afs, Vail Town Code. A note shall be placed on the plat identifying*efta*ing spaceldedicated to Un'tts .1+47frn429, Vail Village Plaza Condominiums. Additionally, the applicant shall construct and/or fund that portion of the East Meadow Dnve Streetscape improvements to be constructed in accordance with the Town of Vail Streetscape Master Plan (see Aftachment E of the January 24, 2005, Staff memorandum to the Planning and Env i ro n me nta I Co mm i ssio n ).' Should the Town Council choose to approve Ordinance No. 6, Series of 2005, on second reading, the Community Development Department recommends the Council makes the following finding: "Based upon the review of the cr'rteria outlined in Section tX the Staff memorandum to the Planning and Environmental Commission dated January 24, 2005, and the evidence and,testimony presented, the Town Council finds: tv. That the proposed major amendmenf fo Spec/al Development District No. 6, Village lnn Plaza complies with the nine design criteria outlined in Section 12-9A-8, Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Council, based upon the testimony and evidence presented, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Council finds that the request r's consrstent with the development goals and objectives of the Town." ATTACHMENTS Attachment A: Ordinance No. 6. Series of 2005 ORDINANCE NO.6 Series of 2005 AN ORDINANGE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR MODIFICATIONS TO UNITS 16,17, AND 29, VAIL VILLAGE PLAZA CONDOMINIUMS, AND SEfiING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Devrelopment District are permitted pursuant to parameters set forth for such in Section 12-9A-1 0 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on January 24,2005, to consider the proposed amendment in accordance vrith ihe orovisions of the Town Code of the Town of Vail and foruvarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Spcial Development District No. 6, Vail Village Inn, Phase 1, complies with the review criteria outlined in Section 12-94-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deMations from the development standards of the underllng zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Der,elopment District No. 6, 'Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest ofthe public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. Ordinance No. 6, Series 2005 NOW, THEREFORE, BE IT ORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Section 1 . Purpose of the Ordinance The purpose of Ordinance No. 6, Series of 2005, is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Section '12-94-10 of the Vail Town Code. The "underlfng" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) zone district. Section 2. Establishment Procedures Fulfilled, Planninq Commission Report The procedural requirements described in Article 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development district follow the procedures outlined in Article 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that r,rould be harmonious Wth the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectir,es and policies of the Town of Vail Comprehensive Plan. Special Developmeni District No.6, Vail Village Inn, Phase 'l , is regarded as being complementaryto the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are signifcant aspects of the Special Development District that Ordinance No. 6, Series 2005 cannot be satisfied through the imposition of the standard PublicAccommodation zone district requirements. Section 4. Development Stan4ards. Special Development No. 6. Vail Village lnn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 'l , shall include the following plans and materials prepared by Fritden PierceArchitects, dated December 13, 2004, and stamped approved by the Town of Vail, dated March '1 , 2005: a. 4200. Level One Floor Plan b. 4201 . Level Two Floor Plan c. 4202. Level Three Floor Plan d. 4301. North & South Elevations e. 4302. East & West Elevations Densitv-Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre - 13.25 Densitv - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA- 186,561 Square Feet (. ordinance No. 6, Series 2005 Other Development Standards No other development standards are amended bythis ordinance. Section 5. lf any part, section, subsection, sentence, clause or phrase ofthis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereol regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared inralid. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred priorto the effective date hereof, any prosecution commenced, nor any other action or proceeding as commencedunderorbyvirtueoftheprovisionamended. Theamendmentofanyprovisionhereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolulions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof theretofore repealed. Ordinance No. 6, Series 2005 INTRODUCED, READ ON FIRSTREADING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 15h day of February 2005, and a public hearing for second reading of this Ordinance set for the 1"t day of March, 2005, in the Council Chambers of the Vail Municipal Buibing, Vail, Colorado. ATTEST: Rodney E. Slifer, Mapr Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED thislstday of March,2005. Rodney E. Slifer, Mapr ATTEST: Lorelei Donaldson, To'ivn Clerk Ordinance No. 6. Series 2005 TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Community Development Department February 15,2005 Ordinance'No. 6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase l, to allow for modifications to Units 16, 17, and 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1" Filing, and setting forth details in regard thereto. Applicant: Planner: Jer'rrrtfvalF L-c lbycc BillGibson il. DESCRIPTION OF THE REQUEST The applicant's proposal is to convert portions of the existing Units 17 and 29 of the Vail Village Plaza Condominiums, Phase l, (generally located at the former Phoenix Rising and Steven Reeve Art Gallery locations) from retail uses to a residential dwelling unit. The fascade of Unit 16 will also be upgraded as part of this proposal. This proposal will add 2,104 sq.ft. of gross residential floor area (GRFA) to SDD No. 6, Vail Village Inn. SDD No. 6 is comprised of 3.45 acres and consists of five phases of development in the form of the Vail Village Inn. Staff is recommending approval, with conditions, of the applicant's proposal, based on the criteria established in Section lX of the Staff memorandum to the Planning and Environmental Commission dated January 24,2005. BACKGROUND At its January 24, 2O05, public hearing, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval, with conditions, to the Town Council of the proposed major amendment to SDD No. 6. The Commission's recommendation was based upon the review of the criteria noted in Section lX of the January 24,2005, staff rnemorandum and the evidence and testimony presented, with the findings noted in Section X of the January 24, 2005, staff memorandum. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal and noted its support of the proposed design. This proposal is scheduled for final review by the Design Review Board at its February 15, 2005, public hearing ilt.STAFF RECOMMENDATION The Department of Community Development recommends that the Town Council apprpves Ordinance No. 6, Series of 2005, with conditions, on first reading. Should the Town Council choose to approve the first reading of Ordinance No. 6, Series of 2005, with conditions, the Department of Community Development recommends the Council pass the following motion: "The Town Council approves the first reading of Ordinance No. fl Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village lnn, Phase l, to allow for' modifications to Units 16, 17, and 29, Vail Village Plaza Condominiums, pursuant to Secfion 12-gA-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Dive (VailVillage lnn), Lots M and O, Block 5D, Vail Village 1" Filing, and setting forth details in regard thereto, subject to the following conditions: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon Town of Vail approval of the related design review application. 2. Prior to the issuance of a building permit for this major amendment to Specla/ Development District (SDD) No. 6, Vail Village Plaza, the applicant shall submit a construction staging plan to the Town of Vail Public Works Depaftment for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall anend the Condominium Map for the Vail Village Plaza Condominiums, pursuant to Chapter 13-6, Condominium and Townhouse P/afs, Vail Town Code. A note shall be placed on the plat identifying the parking spaces dedicated to lJnits 16, 17, and 29, Vail Village Plaza Condominiums. 4. Pior to the issuance of a temporary or final Ceftificate of Occupancy for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the East Meadow Dnye Sfreetscape improvemenfs fo be constructed in accordance with the Town of Vail Sfreefscape Master Plan (see Attachment E of the January 24, 2005, Staff memorandum to the Planning and Environmental Commission)." Should the Town Council choose to approve Ordinance No. 6, Series of 2005, on first reading, the Community Development Department recommends the Council makes the following finding: "Based upon the review of the criteria outlined in Section lX the Staff memorandum to the Planning and Environmental Commission dated January 24, 2005, and the evidence and testimony presented, the Town Council finds: tv. That the proposed major amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allowable gross resldential floor area (GRFA) within the district, and setting forth details in regard thereto, complies with the nine design criteria outlined in Section 12-94-8, Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Council, based upon the testimony and evidence presented, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Council finds that the request is consisfenf with the development goals and objectives of the Town." ATTAGHMENTS Attachment A: Ordinance No. 6. Series of 2005 Attachment B: January 24,2005, Staff memorandum to the PEC Attachment: A ORDINANCE NO.6 Series of 2005 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR MODIFICATIONS TO UNITS 16, 17, AND 29, VAIL VILLAGE PLAZA CONDOMINIUMS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendmenls to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-94-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commisslon of the Town of Vail held a public hearing on January 24,2005, to consider the proposed amendment in accordance v,ith the provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Spdal Development District No.6, Vail Village Inn, Phase 1, complies with the review criteria outlined in Section 12-94-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underllng zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Derelopment District No. 6, Vail Village Inn, Phase '1, and the development standards in regard thereto shall not establish precedence or entitlements elsewtrere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest ofthe public health, safety, and welfare to adopt ihe proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. ( Ordinance No. 6, Series 2005 NOW, THEREFORE, BE IT ORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No, 6, Series of 2005, is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Chapter 12-9A-1 0 of the Vail Town Code. The "underlfng" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) zone district. Section 2. Establishment Procedures Fulfilled. Planninq Gommission Report The procedural requirements described in Chapter 1?9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that r,rould be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectiles and policies of the Town of Vail Comprehensive Plan. Special Development District No.6, Vail Village Inn, Phase 1, is regarded as being complementaryto the Town of Vail by the Vail Town Council and the Planning & EnMronmental Commission, and has been amended because there are signif cant aspects of the Special Development District that Ordinance No. 6, Series 2005 cannot be satisfed through the imposition of the standard PublicAccommodation zone district req uirements. Section 4. The amended Development Plan for Special Development District No. 6, Vail Village lnn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated January 24, 2005: a. 4200. Level One Floor Plan b. ,4201. Levet Two Floor Plan c. 4202. Level Three Floor Plan d. 4301. North & South Elevations e. 4302. East & West Elevations Densitv-Number of Units Per Acre - The numberof dwelling units permitted in Special Development District No.6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre * 13.25 Densitv - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not'exceed the following: GRFA - 186,561 Square Feet (' Other DeveloDment Standards Ordinance No. 6. Series 2005 No other development standards are amended bvthis ordinance. Section 5. lf any part, section, subsection, sentence, clause or phrase ofthis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereol regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared inralid. Section 6. The amendrnent of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1"'day of February 2005, and a public hearing for second reading of this Ordinance set for the 15h day of February, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Ordinance No. 6, Series 2005 4 Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk READ AND APPROVED oN SECOND READING AND ORDERED PUBLISHED this 15h dav of February, 2005. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2005 5 TO: FROM: DATE: SUBJECT: Attachment: B MEMORANDUM Planning and Environmental Commission Comm unity Development Department January 24,2005 A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursumt to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Vail Village Inn, to increase the total allouable gross residential floor area (GRFA) within the district, located at 100 East lvbadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1d Filing, and setting forth details in regard thereto. Applicant: Luc Meyer, represented by Fritzlen Pierce ArchitectsPlanner: Bill Gibson il. SUMMARY The applicant's proposal is lo convert portions of the existing Units 17 and 29 of the Vail Village Plaza Condominiums, Phase l, (generally located at the former Phoenix Rising and Steven Reeve Art Gallery locations) from retail uses to a residential dwelling unit. This proposal will add 2,104 sq.ft. of gross residential floor area (GRFA) to SDD No. 6, Vail Village Inn. SDD No. 6 is comprised of 3.45 acres and consists of five phases of development in the form of the Vail Village Inn. Staff is recommending approval, with conditions, of the applicant's proposal, based on the criteria established in Section lX of this memorandum. DESCRIPTION OF fiE REQUEST The applicant, Luc Meyer, represented by Fritzlen Pierce Architects, is requesting a major amendment to SDD No. 6, Vail Village lnn, Phase l, to allow for a 2,104 sq ft increase in GRFA for a new residence located in the existing Units 17 and 29. The proposal calls for converting a portion of existing retail space on the northeast corner of Unit '17 on the first- floor, the second floor of Units 17 and 29, and the existing third-floor of Unit 29, and making it part of the new proposed residence. The applicant is proposing an increase in duelling units (DU) per acre for SDD No. 6 from the existing 13 DU per acre to 13.25 DU per acre. lf approved, the total GRFA of SDD No. 6 would increase 2,104 sq ft, from 184,457 sq. ft. to 186,561 sq. ft. The total GRFA for Phase l, with the approval of this proposal, would increase from 6,059 sq ft to 8,163 sq ft. All otherzoning standards, such as setbacks and site coverage, are proposed to remain the same as existing. With the reduction of approximately 1 ,1 58 sq ft of retail space and adding a new residence, the minimum required parking demand will decrea$e by 1.2 parking spaces. t. ilt.BACKGROUND In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, VailVillage Inn. The purpose of SDD No. 6 is to assurg 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 complefientarytotheTown bytheTown 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. Project History The following is a summary of the existing phases and development for the Vail Village Inn Special Development District (SDD No. 6): Phase l-This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately3,92T 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 l. Phase ll - This phase consists of three residential dwelling units totaling . approximately 3,492 square feet in size and three commercial/retailspaces. Phase ll is generally located in the center of the District Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast corner of the District. Phase lV- This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy- two accommodation units comprising approximately 16,585 square feet of floor area. Phase lV is generally located in the northu,est corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floorarea and four commercial/retail spaces. Phase V is located in the southwest cornerof the District at the intersection of Vail Road and East lr4eadow Drive. Ordinance No. 1 , Series of 1 985 (March, 1 985) 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, deucted entirely to AUs in Phase lV. Ordinance No. 14, Series of 1987 (May, 1987), amended Phase lV of SDD No. 6. The amendment allowed Phase lV to be broken into two distinct and separate phases, which were called Phase lV and Phase V. This ordinance also set the maximum GRFA for the SDD at 1 20,600 square feet. Further, the ordinance required a minimum of 148 AUs and 67,367 square feet of GRFA devoted to AUs in Phases lV and V. lv. Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of 124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The space consists o'f 3,927 square feet of GRFA, and the conversion to residential use has been completed. This ordinance also maintained the approval for a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases lV and V of SDD No. 6. Ordinance No. 1 and No. 4, Series of 2000, a major amendment to Special Development District No.6 was approved to allowfor construction of the Vail Plaza Hotel. Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase f l, which brought the total allowable GRFA for the entire SDD No. 6 to 121%, or 182,325 square feet. Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase lV (i.e. Vail Plaza Hotel), and did not specify, in the form of a revised Approved Development Plan, the total allowable GRFA for the entiretyof SDD No. 6. Ordinance No. 32, Series of 2003, adopted a major amendment to SDD No. 6, allowing for the construction of a new dwelling unit above the Alpenrose Restaurant location, which increase the amount of allowable GRFA for the entire SDD to 184,708 sq. ft. and increase the density to 13 DU's per acre. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal. The Board was generally supportive of the design and commented that they believed the proposed architecture was in keeping with the character of the neighborhood and adjacent buildings. ROLES OF REVIEWNG BOARDS Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council on the final approval, approval with modifications, or denial of major amendment to a special development district, pursuant to Article 12-9A, Special Development Districts, Vail Town Code. Desiqn Review Board: The DRB has no review authority on a major amendment to a special development district, but is responsible for the review any accompanlng DRB application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conformtothetechnicalrequirementsoftheZoningRegulations. Thestaffalsoadvisesthe v. applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and flndings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council responsible for final approval, approval with modifications, or denial of major amendment to a specialdevelopment district, pursuant to Article 12-9A, Special Development Districts, Vail Town Code. Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or ovrerturn the board's decision. APPLICABLE PLANNING DOCUMENTS A. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primaryfocus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski.resortfounded in 1962 with approximately 1 90,000 annual skier visits and virtually no permanent residents to a communitywiflr 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preseMng the importantqualities that have made Vail successful. This is a considerable challenge, given the fact that land within the valley is a well-deflned finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of communitv facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant lo the review of this proposal: 1.0 GeneralGrowth/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. 1.2 The quality of the environment including air, water and other natural. resources should be protected as the Town grows. '1.3 The quality of development should be maintained and upgraded whenever possible. 1 .4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/TouristConcerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers.2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently.2.3 The ski area owner, the business community and the Town leaders should work together to improrc facilities for day skiers.2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be presened and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and r,isitor needs. 4.O 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 Increased density in the Core areas is acceptable so long as the' existing character of each area iq preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a. Installation of a new tlpe of people mover b. lmproMng the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c. New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential grovdh should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time.share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided bythe Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. . 5.5 The existing employee housing base should be preserved and upgraded. Additional emplope housing needs should be accommodated at wried sites throughout the community B. Town of Vail Streetscape ltbster Plan . The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical development for the Village. In addition to providing broad design guidelines, the Guide Plan suggested specific physical improvements for the Village. lmprovements such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete numerous private sector improvements. lmprorcments such as building additions outdoordeck expansions, and fagade improvements. The Streetscape MasterPlan was written in part to provide clear design direction for coordinated public/private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements that: f . is supported bythe community 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an ercellent pedestrian experience. The Town of Vail Streetscape Master Plan also includes provisions for implementation of the plan. These implementation provisions address the construction of streetscape improuements located on priwte property As private prcperty in Vail is being redeveloped and/or upgraded, an opportunity exists for many of the proposed Master PIan improvements to be done in conjunction with or entirely by private property owners. For example, the improvements in the Gore Creek Promenade were funded in this manner. There is no way to predictwhich propertywill be redeveloped, therefore, each application fo redevelopment will need to be reviewed to determine what streefscape improvements can be completed as part of the piivate construction." C. Title 12,Yail Zoning Regulationg Vail Town Gode Chapter 12-1,Title, Purpose And Applicability (in part) Sectbn 1 2-1 -2: Purpose: A. General: These regulations are enacted forthe purpose of promotingthe health, safety, morals, and general welfare of the Town, and to pomote the coordinated and harmonious development of the Town in a mannerthatwill conserue and enhance ifs natural environment and its estab/rshed character as a resorf and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specifrc purposes; 1 . To provide for adequate light, air, sanitation, drainage, and public facilities. 2. Io secure s afety from fi re, p an ic, fl ood, aval an ch e, accu mu I ation of snow, and other dangerous conditions. 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 conserue and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consrsfent with Municipal development objectives. 7. To prevent excesslye population densrtles and overcrovvding of the land with structures. 8. To safeguard and enhance the appearance of the Tovm. 9. To conserve and protect wildlife, streamg woods, hillsides, and other d esi rable n atu ral fe atu re s. 10. To assure adequate open space, recreation opportunities, and other amehities and facilities conducive to desired living quarters. ( 1 I . To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-7H:. PUBLIC ACCOMODATION (PA) DISTRICT (in part) 12-74-1: PURPOSE: The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitororienfed uses as may appropiately be located within the same district and compatible with adjacent land uses. The Public Accommodation District is intended toensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desinble resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation conrnunity, and vvhere permitted uses are intended to function compatibly with the high density lodging character of the District. ARTICLE 12-9A: SPEGIAL DEVELOPMENT (SDD) DISTRICT (in part) 12-9A-1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the developmentof land in orderto promote its mostappropriate 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 furtherthe 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, sha// esfab/ish the requirements for guiding development and uses of property included in the Special Development District The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The elements of the development plan shall be as outlined in Section 12-9A-6 of this Article. 1 2-9A-9 : D Ev ELO P MENT SIANDARDS; Developmentstandards including lotarea, site dimensions, sefbacks, height, density control, site coverages, landscaping and parking shall be detenrined by the Tovn Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development sfandards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is b bb made based on evaluation of the proposed special developmentdistrict'scompliance with the design citeia outlined in Section 1?94-8 of this Article. 1 2-94-1 0: AMENDMENT PROCEDURES: A. Minor Amendments: t. Minor modifications consisfenf with the design criteria outlined in subsecflon 12-94-2 (definition of 'minor amendment') of this Article, n\ay be approved by the Department of Community Development. All minor vt. modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated andfiled bythe Depaftment . of Community Development. 2. Notification of a proposed minor amendment, and a reportof staff acfon of 'said request, shall be provided to all property owners within or adjacentto the special development district that may be affected by the amendment. Affected properties shall be as determined by the Depaftmentof Community Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. ln all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the stafifs decision on the requested anendment. 3. Appeals of staff decrsions may be filed by adjacent propedy owners, owners of property within the special development district, the applicant, P I a n n i n g a n d E n v i ro n me nta I Co mm i ssi o n m e mbe rs o r me m be rs of the Tovn Council as outlined in Seclion 12-3-3 of this Title. B. Major Amendments: 7. Reguesfs for major amendments to an approved special development district shall be reviewed in accordance with the procedures descibed in Sectrbn 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 prcperly adjacentto the propefty requesting the proposed amendment, owners of all property adjacentto the special development district, and owners of all prcperly within the special development district that may be affected by the proposed a m e n d me nt ( a s d ete rmi n ed by the De pa rtme nt of Co m m u n ity Devel o p me nt). Notification procedures shall be as outlined in subsection 12-3-6C of this Title. THE SPECIAL DEVELOPMENT DTSTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the developnent of land, in order to promote its most appropriate use; to inprove the design character and quality of the new development within the Town; to facilitate the adequate and econonical provision of'streefs any' utilities; to preserve the natural and scenic features of open space areas; and.to further the overall goals of the conmunity as stated in the Vail Comprehensive Plan. An approved developrnnt plan for a Special Development District, in conjunction with the propefties underlying nne district, shall establish the requirements for guiding developnrent and uses of property included in the Special Developnent District." An approved development plan is the principal document in guiding the derelopment, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessaryto establish the parameters rnith which the Special Development District shall adhere. The development plan may consist ol but not be limited to: the approrcd site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminaryopen space/landscape plan; densities; and permitted, conditional, and accessoryuses. The determination of permitted, conditional and accessoryuses shall be made bythe Planning and Environmental Commission and Town Council as part of the formal reMew of the proposed development plan. Unless further restricted through the reVew of the proposed Special Development District, permitted, conditional and accessoryuses shall be limited to those permitted, conditional and accessoryuses in the property's underlying zone district. The Town Code provides nine design crileria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to aSpecial Development District. lt shall be the burden ofthe applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more ofthem is not applicable, or thata practical solution consistent with the public interest has been achier,ed. VII. SURROUNDING LAND USES AND ZONING Land Use ZoninqNorth: Mixed Use Special Development District No. 6South: Mixed Use Public Accommodation (PA)East Mixed Use Special Development District No. 6West: Mixed Use Special Development District No. 6 vilt. ZQNTNG ANALY$S Legal Description: Lots M & 0, Block 5E, Vail Village 1"' FilingZoning: SDD No. 6, Public Accommodation (PA) District Lot Size: 3.45 acres / 150,282 sq. ft. Development Standard Allowed Proposed Net Chanqe +/- Density(dwellingunits/acre): 13DUs/acre 13.25DUs/acre +0.25DUs/acre Gross Residential Floor Area:182,325 sq. ft. 186,561 sq. fi. + 4,236 sq.ft. f. Retail Area (25"h of GRFA): 45,228 sq. ft. (25%) 43,566 sq. ft. (23%) - 1,662 sq. ft. Site Coverage (max.): 92,036 sq. ft. (61%) no change no change 10 Landscape Area (min.): Setbacks: Front - Side - Rear - Parking: Loading: Height: IX. REVIEW CRITERIA 36,433 sq. ft. (30%) no change no change no change no change no change + 1.2 spaces no change no change 0.4' 5' 5' 291 spaces 5 berths 77.25' no change no change no change no change no change no change Design compatibilityand sensitivity to the immediate environment, neighborhood and adjacent properties relatire to architectural design, scale, bulk, building height, buffer zones, identity character, visual integrityand orientation. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal. The Board was generally supportive of the design and commented that they believed the proposed architecture raas in ke.eping with the character of the neighborhood and adjacent buildings. Uses, activity and density which provide a compatible, efficient and rrprkable relationship with surrounding uses and activitlr. Special Development District No. 6 was approved by the Town of Vail in 1976, pursuant to Ordinance No. 7, Series of 1976. According to the Official Zoning Map of the Town of Vail, the underlying zoning of the Vail Village lnn development site is Public Accommodation. Pursuant to lltle 12, Chapter 7 of the Vail Town Code, the purpose of the Public Accommodation Zone District is: "...to provide sites for lodges and residential acconmodations for visfforg together with such public and semipublic facilities and limited professlrenal offices, medical facilities, private recreation, conmercial/retail and related visitororiented uses as nny appropriately be located within the sanre district and compatible with adjacent /and uses. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge useg and fo maintain the desirable resort qualities of the District by establishing appropriate site developnent standards. Additiona| nonresidential uses are permitted as conditional uses vvhich enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the Distric( Further, Seition 12-7A-2, Permitted Uses, of the Vail Town Code states, the following uses shall be permitted in the PA District: A. B. tt c. "Lodges, including accessory eating, drinking, or retail esfab/ishnenfs located within the principal use and not occupying nore than ten percent (10%) of the fotal gross residential floor area of the nain structure or structures on the site; additional accessory dining areas my be located on an outdoor deck, porch, or terrace." The applicant is not proposing any changes of use that deviate from the intentions of the Special Development District or the PA zone district. The slight increase in density with this proposal will not have a significant negative impact on the functions of the surrounding uses and activities. While this site is not located within the Commercial Core | (CC1 ) zone district (i.e. the Vail Village) it is commonly perceived as part of the Village. The preservation/increase in dwelling units is encouraged by the Vail Village Master Plan and the CC1 requirement that any elimination of dwelling units requires Planning and Environmental Commission appro\al of a conditional use permit. Gompliance with parking and loading requirements as outlined in Chapter 1? 10, Vail Town Code. The construction of this dwelling unit will require 1.4 parking spaces; however, the elimination of approximately 1,158 sq. ft. of existing retail space will reduce the parking requirement by 2.6 parking spaces. Thus adeguate parking exists to accommodate this proposal. The applicant has submitted verification that the sufficient numbers of parking spaces are being allocated to this proposal. According to Institute of Transportration Engineer's standards, this proposal will result in a reduction in the "trip generation" numbers for Special Development District No.6, Vail Village Inn. Conformitywith the appticable elements of the Vail Comprehensire Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special deveJopment district. Staf has reviewed the Vail Land Use Plan and beliews the following policies are relerant to the review of this proposal: 1. General Growth/Development 1.1 Vail should continue to growin a controlled environment, maintaining a balance between residential, commercial and recreational uses to sene both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12VaIl should accommodate most of the additional orowth in existino developed areas (infill). 3. Commeriial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. D. 't2 Pursuant to the Town of Vail Streetscape ltilaster Plan, the applicant is should be responsible for construction and/or funding a portion of the improvements to the East Meadow Drive streetscape. The Town of Vail Public Works Department recommends that the applicant construct and/or irnd the construction of the streetscape improvements generally located behreen this building and the north edge of the street right-of-way and the stairs located to the vr.est of this building. A visual depiction of this area has been attached br reference (see Attachment E) Staff believes the uses and activities proposed are in compliance Wth the policies, goals, and objectives identified in the Vail Land Use Plan. E. ldentification and mitigation of natural and/or geologic hazards th{ affect the property on which the special development district is proposed. According to the Ofiicial Town of Vail Geologic Hazard Maps, the Vail Village Inn development site is not located in anygeologically sensitive areas or within the 100-year floodplain. F. Site plan, building design and location and open space prorisions designed to produce a functional derelopment responsive and sensitirre to natural. features, vegetation and overall aesthetic qualityof the community. The proposal does not call br any modifications that vrould impact natural features or vegetation. Stafi believes that the overall aesthetic quality of the community would be enhanced bythe proposed exterior changes. G. A circulation system designed for both rrehicles and pedestrians adchessing on and off-site traffic circulation. Staff believes this proposal improws the existing vehicular and pedestrian on and off-site circulation, as this proposal reduces the parking demandfor Special Development District No. 6 by 1.2 parking spaces. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, riews and functions. Staff does not believe that this criterion is relevant to this application since no changes to the site itself or the building's footprint are proposed. L Phasing plan or subdivision plan that will maintain a workabte, functional and efficient relationship throughout the derclopment of the special der,elopment district. Staff does not believe that this criterion is relevant to this application as the proposal will only affect a portion of Phase I of the Vail Village Inn dewlopment plan and does not require anyfurther phasing or subdividing. 13 X.STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission fonryard a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request of a major amendment to a special development district (SDD), pursuant to Section 12-gA-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village Inn Plaa, to increase the total allowable gross residential floor area (GRFA) within the district located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1"t Filing, and setting forth details in regard thereto Staff's recommendation is based upon the reVew of the criteria described in Section lX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation for approval, with conditions, for this major amendment to a special development district, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request of a major amendmentto a special development district(SDD), pursuantto Section 12- 94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village Inn Plaza, to increase the total allowable gross resrdential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village lnn), Lots M and O, Block 5D, VaitVillage lst Filing, and setting fofth details in regard theretq subject to the following conditions: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaa, shall be contingent upon Tovtt of Vail approval of the re I ated de sig n review a ppl icatio n. 2. Pior to the issuance of a building pemit for this major amendment to Special Development District (SDD) No. 6, Vail Village Plaa, the applicant shall submit a construction staging planto the Town of Vail Public Works Department for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancyforthis major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, pursuantto Chapter 1?6, Condominium and Townhouse Plats, Vail Town Code. A note shall be placed on the plat identifying thq parking spaces dedicated to Unts 16, 17, and 29, VailVillage Plaza Condominiums. 4. Prior to fhe issuance of a temporary or final Certificate of Occupancyfor this major amendmentto Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the Eastt, Meadow Drive Streetscape inprovements to be constructed in accordance with the Tovn of Vail Streetscape Master Plan (see Attachment E)." 14 Should the Planning and Environmental Commission fonrard a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request for a major amendment to a special derelopment district (SDD), the Department of Community Development recommends the Commission makes the bllowing findings: "Based upon the review of the criteria outlined in Section lX this Staff memorandum to the Planning and Environmental Commission dated January 24, 2005, and the evidence and testimony presented, the Planning and Environmental Commission finds: That theprcposed major amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allovable gross residential floor area (GRFA) within the district, and setting forth details in regard thereto, conplies with the nine design criteria outlined in Secfion 12-9A-8, Vail Town Code. Fufthermore, the applicant has denpnstrated to the satisfaction of the Commission, based upon the testinnny and evidence presented, that any adverse effects of the requested deviations fromthe development standards of. the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent uith the development goals and objectives of the Towt." XI. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans D. Photographs E. Required Streetscape Master Plan lmprorement Area F. Preliminary East Meadow Drive Streetscape Design G. Public Notice 15 Attachment: A 9EE a9hi=9 e o*eE9 .!3 r! 33 ;: :P t t E! E ? aO tl Attachment: FRITZLEN PIERCE ARCHITECI - VAIT, COLORADO Proposed No change 186,561 sq. ft 2104 sq. ft. 13.25 No change No change No change No change I B November 5, 2OO4 Unit 16, 17, 29 Vail Village Plaza Condominiums Parcef #210108256029 Descriptiorr of Request This Pro;:osal involves exterior improvemenb to street level commercial spaces in Units i 6 and 17 and conversion ofupper level spaces (primarily Unit29) to a residential Dwelling Unit. Approximately 74 square feet of Unit 17, in the northeast corner of the north plaza level will be converted to an Entry for the Dwelling Unit Approximately 161 square feet of Unit 17 will remain commercial on the north plaza. Unit 1 7 currently contains a "Loft" of approximately 153 square feet This ,,Loft,, rvill be removed. Unit 29 will be converted to a two story residential Dwelling Unit that contains approximately 2104 square feetof CRFA (74 atentry,853 on level 2,1177 orr level 3). unit29 currently, is approximately 939 square f eet (7'l4 on level 2,225 on level 3). The Proposal does not deviate from the development standards of the underlying zone district. NEEDS TO BE COMPLETED Zonin8 Analvsis (based on SDD #6, and Ordinance No. 15, Series of 2001 (Units 1 6,1 7,29)) :..ii\!t ;:,|'! ,i ,l: , ,\'i i:1i 1i lirrili.,r:r i l.'i.t.:.,. rr'iir:!i i i !.,:rlir'., i ].rli!.,.,1.'. i:iii.i! 1.,r: :.r.r :.tt:il Lot Area TOTAI CRFA Unitl7,29 CRFA DU per acre Site Coverage Setbacks: Fro nt Sides Rear Existing 150,282 sq. ft. 184,457sq. ft. None '12.75 61% or 92,O36 sq. ft. .o 5', Iir::'.1 l ,i:'.'::,i .,'.,,liir! l'?:."i', :.:,lr:,:i:r :-.-': \.t :.i:. i,,1,,. :,.: i. r :1 l i )':. :' ifi l- i1,i. !:.r:, j.rl; i !i-:it..:-:.-, .:: ,! il i :r!:i,i::!, :l:,jt|i:l:j-i:: r., r.: :,:',i:t1 ,,, rii.r,L::: iatl t: 1t, .jt l FRITZLEN PIERCE ARCHITECTS VAIL, COLOMDO Unit 5 Vail Village Condominium Zoning Analvsis Continued Height 77.25' (site max) 33.5' (existing Unit 29)No change Parking 291 spaces No change in number of spaces but convenion of retail soace should reduce parking requirement (2.4 spaces required for retail, personal services, 1.4 spaces required for DU) No change 42,74Osq. ft" (43,096 -1,166) Loading Commercial Area 5 berths 25% of CRFA, or 43,096 sq. ft. 'l65{i i,1ii \ili; i'nllcr a.)r;...c. irl;f:.ii.if {:-1. \.'aii. Cri,..;rxir; ii'lirij j' ?: t] j.).47 4.t -\.i,i.f: 1)i(t 47il.4rj,{}'i li: i*k.'lj!'.aril;ueiiiiqtrr-i-L.rr; !t1,y",i, -\, J il Jrci: ::i{tiS. (",!:,r}i t0I -Dag 3o"i fttffz Attachment G t-4 3t 'lt *fisl g -o -l $3 -0 3 3 JI|g e $ll J 7 -b fr I9l'lI IJi-I-'..II+t4lil II E ul,rttlr rtr € .0 2 -r fi o a h .g lL d J{ 2a ?42 ullj a n € 2ta b rf; t/-)q,-4 2 /0.r T.O.9 FLOOR LEVEL OF VNIT 2q NORTH ENTRANCE TO UNIT 11 ALPENROSE FAR LEVEL/ UNIT I? FLOOR LEVEL OF UNIT 11 ENTRY LEVEL OF UNIT i6 VAIL VILLACE PLMA CONDOMINIUMS UNITS 16,17,29 PARCEL #2101082s6029 vAtL, co 816s7 PRO.IECT #0414 Ent'rtrtb SECTION AA. EXISTING SCALE: 1lB":1'-O" VAIL VILLAGE ?1'\ZA CONDOMINIUMS UN|TS 16, 17,29 PARCEL #210108256029 vAtL, co 816s7 PROJICT #0414 Ttltl UNIT #16 UNIT #17 UNIT #29 1ST FLOOR PLAN SCALE 1i8"=1'-0" VAIL VILLACE PIAZA CONDOMINIUMS uNtTs 16, 17,29 PARCEL #2'to1082s6029 vAtL, co 815s7 PROIECT #0414 Ttrtr UNIT #15 UNIT #17 UNIT #29 2ND FLOOR PLAN SCAIE 1/8"=1'-0" ll J U Z 5 e. - -Jll- o ca \n fz zXo'89c.rf,x*z- \:; tr.l rO)PPgU -=co+<@=Qf:N NtrYq P x --','nd zi=Yl!lvYSI = \ONOIr(\t+++h =FFZZZ_f _l :) t-t t-t frrrtlit Ex|5nne Ltm Le./EL bt662' f.o.9Eot< 42'-6 h:cCAP}4 LEVEL B ' . . . b1'"I.'.to@td |"EYEL 2' Ctt1r.1 LEVEL I VAIL VILLACE PI.AZA CONDOMINIUMS UNITS 16,17,29 PARCEL #210108256029 vAtL, co 81657 PROjECT #0414 NORTH ELEVATION - PROPOSED SCALE:1/8"=1'-O" VAIL VILLACE PLAZA CONDOMINIUMS UNITS 16, 17,29 PARCEL #2101082s6029 vAtL, co 81657 PROJECT #041 4 SOUTH ELEVATION . PROPOSED SCALE: 1/8":1'-O" VAIL VILLACE PI.AZA CONDOMINI UMS UNITS 16,17,29 PARCEL #2101082s6029 vAll. co 81657 PROJECT #0414 EAST ELEVATION - PROPOSED SCALE: 118"=1'-O" VAI L VI LLAGE PLMA CONDOMI NI UMS UNITS 16,17,29 PARCEL #210108256029 vAil-, co 816s7 PROJECT #0414 WEST ELEVATION - PROPOSED FRrrzriNl i'''-"j =JSCALE: 1/8":1'-O" /, to1,-3 t/2"- T.O.R 2ND FLOOR OF UNIT 2q OF UNIT 2q ro uNtT 2q BAR LEVEL VAIL VI LLACE PLAZA CONDOMI NI UMS UNITS 16,17,29 PARCEL #210108256029 vAtL, co 816s7 PROJECT #0414 SECTION M : PROPOSED SCALE: 1/8":1'-O E t <60* lxaorJ ldro do€!3F rsL! r @or rN IN]WdOI]A]C]U ]SOUNIdIV zotr{ uJtu FfI : ii;f__l [--lvllil li IF d.-l I i I;Lil ll Io l:al | | |: tllt || I Hrffi FHIffiElr,ftt ffiffi Attachment: D zw Ndlur , [" \ \ \ lJEl4 dlx f I6'. f I\E I\9 1fl !lf '!lf* ?t_()JIfoioi---z b-u.E-. qA,.4 ENCLOSURE G.C E' T VJO STORY FR AlYl E AND STUCCO BU ILDING Co lcu loted - PATIO L.L.L. UNIT 5 -q )J' TWO STORY FRAI'IL AND STUCCO BU ILDING I ( PATIO \ratr UNIT 5 T)0)\ .P o, \6" $'t q\,"-s ?\ \ 'pzJ\'o_ \ \ 2._ '6 Z-'oS :.f tb ou, K IN & CAP L.S.l5BZ7 n = 545.8F' I = lSzi.lJ(.A = 16" lO'.39 " i-zzqR'l-r'.vv Ch=S89"19 153.6 Z' 545.88' l6"o o"30"rc2 6l' -\ rs.zl CHISE rN CO THIS AR R.o, \tv. Pr IN BOOK (lczz4 se<1r--f ^ qiolr- ^ c,.it Ptottec:f{- [: L= ch I = \| B9o "4.1 ' E t5?.o?''4.o" w o,o IoJ!'! m L- /\ \ |MEADOW DRtV[ (40' Attachment: F 'i.:. iLi ':r.:i.ili,:.:: W E,tA *tvvl \.rt \F \,a 9A 3aE J € vld\) }\!'i +.q)9* x#:i # Attachment: G THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 24, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1't Filing, and setting forth details in regard thereto.Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner:Bill Gibson A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance from Section 12-21-14, Hazard Regulations, Vail Town Code, to allow for site coverage in excess of 15% of the total site area on a lot with excessive slopes, located a|2672 Cortina Lane, Lot 8, Block B, Vail Ridge Subdivision and setting forth details in regard thereto.Applicant Helmut Reiss, represented by lsom and Associates Planner:Elisabeth Eckel A request for a final review of an amendment to an approved development plan, pursuant to Section 12-7H-7 , Exterior Alterations or Modification, Vail Town Code, for the Lionshead Core Site Hotel, located at 616 Lionshead Circle/Lot 4, Block 1, Tracts D, H, and C, Lionshead Filing 1 and Lot 2, Block 1, Tracts H, G, and C, Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Plan ner:George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto.Applicant: Vail Resorts, represented by Braun Associates, Inc. Pla nner:Elisabeth Eckel A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditienal Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto.Applicant: Vail resorts, represented by Braun Associates, lnc. Planner:Bill Gibson A request for a final review of a minor amendment to an approved development plan, pursuant to section 12-9c-5, Development Standards, Vail rown code, for the Vail Mountain school, located at 3000 Booth Falls court, Lot 1, Vail Mountain school Subdivision, and setting forth details in regard thereto.Applicant Vail Mountain School, represented by Maudello planning Group, LLCPlanner: Matt Gennett A request for a work session to discuss the proposed Chamonix Parcel Master Land Use Plan pursuant to chapter Vlll, section 3, Town of Vail Land Use plan, for the chamonix Parcel located at Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant Town of VailPlanner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail community Development Department, 75 south Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published January 7,2005, in the Vail Daily. Vail Village Plaza Cond..miniumsc,/o Sl-ifer Management143 E. Meadov Di.Vail, CO 81657 Tailsman Condomi ni umbZ E. Meadow Dr.Vail, CO 81657 Association Waldir Prado 950 Red Sandstone RoadVai1, CO 81657 Jonanaa Faesslerc/o Sonnenalp Hotel B? E. Meadov Dr. v4i1, Co 81657 fillage Inn plaza Condominiurri Associationcrlo Peak Propert i es100 Lionsridge Loop, Suite 3AVail-, CO 8165" I y0!r Friuiefi, AlA, Afdt;tc{ i Williafi) f. Pi(.,f(if, Ardlile{t (aUlt Hcsiii.l9,1, Drr-.inc,ss l,1rrr,:gi:r FRITZLEN PIERCE ARCH ITECTS VAIL, COLOMDO \ltf - u* ue{se\Ac Onrr*-e tNr)Town of Vail Requests Addresses of the following: 9 Vail Road 9 Vail Rd Vail, CO 81657 Attn: Front Desk MI\4CO- Lon Moellentine 46i Fifth Avenue NewYork, NY 10017 1 " Bank of Vail 17 Vail Rd Vail, CO 81657 Colorado Department of Transportation 4201 E. Arkansas Avenue Denver, CO 80222 303-757-9011 Crossroads - Cratq Cohn Crogsroads Manaqefient | 43 tast Meadow Drve,5lfte 3OO Varl, CO 61657 Cateway - Kevin Deighan 12 Vail Rd. Suite 600 Vail, CO 81657 Swiss Chalet - Johanas Faessler B2 E. Meadow Dr. Vail, CO 81657 'l{r5l} Earl !.ril Valbv Drir"c, Friiliil,;t' L I \i.til, Grl rr,x!: iii 6il Pr 9i{}.47i,..}.14i l: !)ltl.i lt,..1ll{)1 f; inloQ-r,;til.;rt'hitctts. r r iirr w$rv-r,ailni { l ti k,i tis.|i)t} i ---ffi $PP TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department January 24,2005 A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allowfor an amendment to Special Development District No. 6, Vail Village Inn, to increase the total allouable gross residential floor area (GRFA) within the district, located at 100 East lvbadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1d Filing, and setting forth details in regard thereto. Applicant Luc Meyer, represented by Fritzlen Pierce ArchitectsPlanner: Bill Gibson t.SUMMARY The applicant's proposal is to convert portions of the existing Units 17 and 29 of the Vail Village Plaza Condominiums, Phase l, (generally located at the former Phoenix Rising and Steven Reeve Art Gallery locations) from retail uses to a residential dwelling unit. This proposal will add 2,104 sq.ft. of gross residential floor area (GRFA) to SDD No. 6, Vail Village Inn. SDD No. 6 is comprised of 3.45 acres and consists of five phases of development in the form of the Vail Village Inn. Staff is recommending approval, with conditions, of the applicant's proposal, based on the criteria established in Section lX of this memorandum. DESCRIPTION OF THE REQUEST The applicant, Luc Meyer, represented by Fdt/en Pierce Architects, is requesting a major amendment to SDD No. 6, Vail Village Inn, Phase l, to allow for a2,1O4 sq ft increase in GRFA for a new residence located in the efsting Units 17 and 29. The proposal calls for converting a portion of existing retail space on the northeast corner of Unit 17 on the first- floor, the second floor of Units 17 and 29, and the existing third-floor of Unit 29, and making it part of the new proposed residence. The applicant is proposing an increase in draelling units (DU) per acre for SDD No. 6 from the existing 1 3 DU per acre to 13.25 DU per acre. lf approved, the total GRFA of SDD No. 6 would increase 2,104 sq ft, from 184,457 sq. ft. to 186,561 sq. ft. The total GRFA for Phase l, with the approval of this proposal, would increase from 6,059 sq ft to 8,163 sq ft. All otherzoning standards, such as setbacks and site coverage, are proposed to remain the same as existing, With the reduction of approximately 1 ,1 58 sq ft of retail space and adding a new residence, the minimum required parking demand will decrease by 1.2 parking spaces. il. il1.BACKGROUND 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 anrenities, 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 complementaryto 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. Project History The following is a summary of the existing phases and development for the Vail Village Inn Special Development District (SDD No. 6): Phase l- This phase consists of the buildings located at the southeast cornerof the District. Phase I includes one residential dwelling unit approxim alely 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 l. Phase ll - This phase consists of three residential dwelling units totaling . approximately 3,492 square feet in size and three commercial/retailspaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately44,S30squarefeetinsizeandsixcommercial/retail spaces. Phaselll is located at the northeast corner ofthe District. Phase lV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy- two accommodation units comprising approximately 16,585 square feet of floorarea. Phase lV is generally located.in the northrl'rest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retpil spaces. Phase V is located in the southwest cornerof the District at the intersection of Vail Road and East ltileadow Drive. Ordinance No. 1 , Series of 1 985 (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 enlirely to AUs in Phase lV. Ordinance No. 14, Series of 1987 (May, 1987), amended Phase lV of SDD No. 6. The amendment allowed Phase lV to be broken into two distinct and separate phases, which were called Phase lV 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 lV and V. tv. Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified ihe SDD by increasing the allowable GRFA to a total of 124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial to residential use. The soace consists of 3,927 square feet of GRFA, and the conversion to residential use has been completed. This ordinance also maintained the approval for a minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases lV and V of SDD No. 6. Ordinance No. 1 and No. 4, Series of 2000, a major amendment to Special Development District No. 6 was approved to allow for construction of the Vail Plaza Hotel. Ordinance No. 1 5, Series of 2001 adopted a revised Approved Development Plan for Phase f l, which brought the total allowable GRFA for the entire SDD No. 6 to 121Yo, or 182,325 square feet. Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase lV (i.e. Vail Plaza Hotel), and did not specify, in the form of a revised Approved Development Plan, the total allor,rable GRFA for the entirety of SDD No. 6. Ordinance No. 32, Series of 2003, adopted a major amendmenl to SDD No. 6, allowing for the construction of a new dwelling unit above the Alpenrose Restaurant location, which increase the amount of allowable GRFA for the entire SDD to 184,708 sq. ft. and increase the density to '13 DU's per acre. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal. The Board was generally supportive of the design and commented that they believed the proposed architecture was in keeping with the character of the neighborhood and adjacent buildings. ROLES OF REVIEWNG BOARDS Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Plannino and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council on the final approval, approval with modifications, or denial of major amendment to a special development district, pursuant to Article 12-9A, Special Development Districts, Vail Town Code. Desiqn Review Board: The DRB has no review authority on a major amendment to a special development district, but is responsible for the review any accompanying DRB application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the V. applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council responsible for final approval, approval with modifications, or denial of major amendment to a specialdevelopment district, pursuant to Article '12-9A, Special Development Districts, Vail Town Code. Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or orerturn the board's decision. APPLICABLE PLANNING DOCUMENTS A. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primaryfocus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approimately 190,000 annual skiervisits and virtuallyno permanent residents to a communitywith 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge, given the fact that land within the valley is a well-defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 GeneralGrowth/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 Msitor and the permanent resjdent. 1 .2 The quality of the environment including air, water and other natural. resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1 .4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.O Skier/TouristConcerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers.2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently.2.3 The ski area owner, the business community and the Town leaders should work together to improre facilities for day skiers.2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be presened and used moreefficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and Vsitor needs. 4.0 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 Increased density in the Core areas is acceptable so long as the existing characterof each area is preserved thorough implementation , of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced throuoh: a. Installation or-" n"* type of people mover b. lmproMng the pedestrian slatem with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c. New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided bythe Town of Vail with appropriate restrictions. 5-4 Residential growth should keep pace with the marketplace demands for a full range of housing types. . 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at wried sites throughout the community B. Town of Vail Streetscape lJhster Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical development for the Village. In addition to providing broad design guidelines, the Guide Plan suggested specific physical improvements for the Village. lmprovements such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete numerous private sector improvements. lmprorements such as building additions outdoordeck expansions, and fagade improvements. The Streetscape MasterPlan was written in part to provide clear design direction for coordinated public/private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements that: f . is supported bythe communigq 2. enriches the aesthetic appearance ofthe Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian e4cerience. The Town of Vail Streetscape Master Plan also includes provisions for implementation of the plan. These implementation provisions address the construction of streetscape improvements located on priwte property "As pivate property in Vail is being redeveloped and/or upgraded, an opporfunity exists for many of the proposed Master Plan improvements to be done in conjunction with or entirely by pivate property owners. For example, the improvements in the Gore Creei Promenade weie funded in this manner. There is no way to predictwhich propedy will be redeveloped, therefore, each application fo redevelopment will need to be reviewed to determine what sfreefscape imprcvements can be completed as part of the pivate construction." C- Title 12, Vail Zoning Regulationq Vail Town Code Chapter 12-1, Title, Purpose And Applicability(in part) Section 1 2-1 -2: Purpose: A. General: These regulations are enacted forthe purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious developmentof the Town in a mannerthatwill conserve and enhance its nafural environment and its established character as a resod and residential community of high quality. B. Specifrc: These regulations are intended to achieve the following more specific purposes; 1 . To provide for adequate light, air, sanitation, drainage, and publicfacilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 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 conserue and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, coasrsfenf with Municipal development objectives. 7. To prevent excessiye population denslfies and overcro@ing of the land with structures. 8. To safeguard and enhance the appearance of the Tovn. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desi ra bl e n atu ral fe atu re s. 10. To assure adequate open space, recreation opportunities, and other , amenities and facilities conducive to desired living quarters. 1 1. To otherwise provide for the grovvth of an orderly and viable community. ARTfCLE 12-7H: PUBLIC ACCOMODATION (PA) DISTRICT (in part) 12-74-1: PURPOSEi The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor-orienfed uses as may appropriately be located within the same district and compatible with adjacenf /and uses. The Public Accommodation District is intended toensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nafure of Vail as a vacation community, and vvhere permifred uses are intended to function compatibly with the high density lodging character of the District. ARTICLE 12-9A: SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12-94-1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its rnost appropiafe use,' fo improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of sfreets and utilities; to preserue the nafural and scenic features of open.space areas; and to furtherthe overall goals of the community as stated in the Vail Comprehensive Plan. An approved developnent 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 propefi included in the Special Development Distict The Special Development District does not apply to and is not available in the following zo ne d i stri cts : H i ll side Re side nti al, Si ngl e-F a mi ly, Du pl ex, P ri ma ry/Second a ry. The elements of the development plan shall be as outlined in Section 12-94-6 of this Afticle. 1 2-9 A-9 : DEV E LOPMENT SIANDARDS; Development standards including lot area, site dimensions, sefbacks, height" densiU control, site coverages, landscaping and parking shall be detemined by the Town Council as paft of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town thatoutweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Secfion 12-gA-8 of this Article. 1 2-94-1 0: AMENDMENT PROCEDU RES: A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsectlon 12-94-2 (definition of "minor amendment") of this Article, may be approved by the Department of Community Development. All minor vt. modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated andfiled bythe Departnent . of Community DevelopmenL 2. Notification of a praposed minor amendment, and a repoft of staff acfion of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendmenL Affected properties shall be as determined by the Department of hmmunity Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief. statement descibing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. ln all cases the report to the Planning and Environmental Commission shall be made within tweng (20) days from the date of the staffs decrbion on the requested anendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of properly within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Secfrbn 12-3-3 of this Title. B. Major Amendments: 7. Reguests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Secfircn 12-9A4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representativeg sha/l sign the application. Notification of the proposed amendment shall be made to owners of all properly adjacentto the property requesting the proposed amendment, owners of all property adjacentto the special development district, and owners of all prcperty within the special development district that may be affected by the proposed amendment (as determined by the Depatunent of Community Development). Notification procedures shall be as outlined in subsection 12-3-6C of this I IilE. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 1 2-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-gA-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the developnent of land, in order to promote lts rnosf appropriate use; to inprove the design character and quality of the new development within the Town; to facilitate the adequate and econonical provision of sfreefs and utilities; to preserue the nafural and scenic features of open space areas; and to further the overall goals of the cormunity as sfafed in the Vail Comprehensive PIan. An approved developnnnt plan for a Special Development Distict, in conjunction with the properties underlying ane district, sha// esfab/ish the requirements for guiding development and uses of property included in the Special Development District.' An approved development plan is the principal document in guiding the derelopment, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters ldth which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approwd site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminaryopen space/landscape plan; densities; and permitted, conditional, and accessoryuses. The determination of permitted, conditional and accessoryuses shall be made bythe Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the reVew of the proposed Special Development District, permitted, conditional and accessoryuses shall be limited to those permitted, conditional and accessoryuses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. lt shall be the burden ofthe applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more ofthem is not applicable, or thata practical solution consistent with the public interest has been achiered. VII. SURROUNDING LAND USES AND ZONING North: South: East: West: Land Use Mixed Use Mixed Use Mixed Use Mixed Use Zoninq Special Development District No. 6 Public Accommodation (PA) Special Development District No. 6 Special Development District No. 6 Lots M & 0, Block 5E, VailVillage 1"'Filing SDD No. 6, Public Accommodation (PA) District 3.45 acres / 150,282 sq. ft. Prooosed 13.25 DUs/acre +0.25DUs/acre 186,561 sq. ft.+ 4,236 sq.ft. 43,566 sq. ft. (23%) t.1,662 sq. ft. VIII. ZONING ANALYSIS Legal Description: Zoning: Lot Size: Develooment Standard Allowed Density (dwelling units/acre): 13 DUs/acre Gross Residential Floor Area:182,325 sq. ft. Retaif Area (25% of GRFA): 45,228 sq. ft. (25%) Net Chanqe +/- 92,036 sq. ft. (61ol") no changeSite Coverage (max.): 10 no cnange tx. Landscape Area (min.): 36,433 sq. ft. (30%) no change no change no change no change no change + 1.2 spaces no change no change Setbacks: Front - Side - Rear - Parking: Loading: Height: 0.4' 5' 291 spaces 5 berths 77.25', no change no change no change no change no change no change REVIEW CRITERIA A. Design compatibilityand sensitivity to the immediate environment, neighborhood and adjacent properties relatire to architectural design, scale, bulk, building height, bufferzones, identity character, visual integrityand orientation. On January 19, 2005, the Town of Vail Design Review Board conceptually reviewed this proposal. The Board was generally supportive of the design and commented that they believed the proposed architecture raas in keeping with the character of the neighborhood and adjacent buildings. B. Uses, activity and density which provide a compatible, efficient and rrvorkable relationship with surrounding uses and activity. Special Development District No. 6 was approved by the Town of Vail in 1976, pursuant to Ordinance No. Z Series of 1976. According to the Ofrcial Zoning Map of the Town of Vail, the underlying zoning of the Vail Village lnn development site is Public Accommodation. Pursuant to Title '12, Chapter 7 of the Vail Town Code, the purpose of the Public Accommodation Zone District is: " ...to provide sites for lodges and residential acconmodations for visrtors,- together with such public and semipublic facilities and limited professrbnal offices, medical facilities, private recreation, conmerciahretail and related visitor-oriented uses as nwy apprcpriately be located within the same district and compatible with adjacent land uses. The Public Accommodation District is intended to ensure adequate light, air, open space, and other anenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropri ate site development standard s. Ad ditional nonrxi dential u ses are permifted as conditional uses vvhich enhance the nature of Vail as a vacation community, and where permifted uses are intended to function compatibly with the high density lodging character of the District! Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states, the following uses shall be permitted in the PA District: 11 c. "Lodges, including accessory eating, drinking, or retail estab/ishrenfs located within the principal use and not occupying npre than ten percent (10%) of the fotal gross residential floor area of the min structure or sfrucfures on the site; additional accessory dining areas my be located on an outdoor deck, porch, or terrace." The applicant is not proposing any changes of use that deviate from the intentions of the Special Development District or the PA zone district. The slight increase in density with this proposal will not have a significant negative impact on the functions of the surrounding uses and activities. While this site is not located within the Commercial Core | (CCl ) zone district (i.e. the Vail Village) it is commonly perceived as part of the Village. The preservation/increase in dwelling units is encouraged by the Vail Village Master Plan and the CCI requirement that any elimination of dwelling units requires Planning and Environmental Commission approral of a conditional use permit. Gompliance with parking and loading requirements as outlined in Chapter 12 10, Vail Town Code. The construction of this dwelling unit will require 1.4 parking spaces; however, the elimination of approximately 1 ,158 sq. ft. of existing retail space will reduce the parking requirement by 2.6 parking spaces. Thus adequate parking exists to accommodate this proposal. The applicant has submitted verification that the sufficient numbers of parking spaces are being allocated to this proposal. According to lnstitute of Transportation Engineer's slandards, this proposal will result in a reduction in the 'hip generation" numbers for Special Development District No.6, Vail Village lnn. Conformity with the applicable elements of the Vail Comprehensire Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staf has reviewed the Vail Land Use Plan and belieles the following policies are relerant to the review of this proposal: 1. General Growth/Develooment 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to sene both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12Vail should accommodate most of the additional orowth in existino developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. D. E- F. G. H. Pursuant to the Town of Vail Streetscape Master Plan, the applicant is should be responsible for construction and/or funding a portion of the improvements to the East Meadow Drive streetscape. The Town of Vail Public Works Department recommends that the applicant construct and/or fund the construction of the streetscape improvements generally located betuueen this building and the north edge of the street right-of-way and the stairs located to the r,rest of this building. A visual depiction of this area has been attached br reference (see Attachment E) Staff believes the uses and actiMties proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. ldentification and mitigation of natural and/or geologic hazards th{ affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Haard Maps, the Vail Village Inn development site is not located in anygeologically sensitive areas or within the 10O-year floodplain. Site plan, building design and location and open space prorisions designed to produce a functional derrelopment responsive and sensitive to natural features, vegetation and overall aesthetic qualityof the community. The proposal does not call for any modifications that vrould impact natural features or vegetation. Staff believes that the orerall aesthetic quality of the community would be enhanced bythe proposed exterior changes. A circulation system designed for both vehicles and pedestrians adclessing on and off-site traffic circulation. Staff believes this proposal improres the existing vehicular and pedestrian on and off-site circulation, as this proposal reduces the parking demandfor Special Development District No. 6 by 1.2 parking spaces. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, riews and functions. Staff does not believe that this criterion is relevant to this application since no changes to the site itself or the building's footprint are proposed. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the derelopment of the special derelopment district. Staff does not believe that this criterion is relevant to this application as the proposal will only affect a portion of Phase I of the Vail Village Inn development plan and does not require anyfurther phasing or subdividing. t2 X.STAFF RECOMMENDATION Staff recommends the Planning and Environmental Commission fonryard a recommendation of approval, with conditions, to the Vail Town Council for the applicant's request of a major amendment to a special development district (SDD), pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village lnn Plaa, to increase the total allowable gross residential floor area (GRFA) within the districl located at 100 East Meadow Drive (Vail Village lnn), Lots M and O, Block 5D, Vail Village 1"t Filing, and setting forth details in regard thereto. Staff's recommendation is based upon the reVew of the criteria described in Section lX of this memorandum and the eVdence and testimony presented. Should the Planning and Environmental Commission choose to fonryard a recommendation for approval, with conditions, for this major amendment to a special development district, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of' approval, with conditians, to the Vail Town Council for the applicant's request of a major amendment to a special development district (SDD), pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allowable gross residential floor area (GRFA) within the district" located at 100 East Meadow Drive (Vail Village lnn), Lots M and O, Block 5D, Vail Village 1"' Filing, and setting forth details in regard theretq subject to the following conditions: 1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, shall be contingent upon Tovvn of Vail approval of the re lated d e si g n review a pplic ation. 2. Prior to the issuance of a building penrit for this major arnendment to Special Development District (SDD) No. 6, Vail Village Plaa, the applicant shall submit a construction staging planto the Town of Vail Public Works Depaftment for review and approval. 3. Prior to the issuance of a temporary or final Certificate of Occupancyfor this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums, pursuantto Chapter 1?6, Condominium and Townhouse Plats, Vail Town Code. A note shall be placed on the plat identifying the parking spaces dedicated to UnIs 16, 17, and 29, VailVillage Plaza Condominiums. 4. Pior to fhe issuance of a temporary or final Certificate of Occupancyfor this major amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the applicant shall construct and/or fund that portion of the East Meadow Drive Streefscape inprovements to be constructed in accordahce with the Town of Vail Streetscape Master Plan (see Attachment E)." 14 Should the Planning and Environmental Commission forward a recommendation of approval, with conditions, lo the Vail Town Council for the applicant's request for a major amendment to a special dewlopment district (SDD), the Department of Community Development recommends the Commission makes the bllowing findings: "Based upon the review of the criteria outlined in Section lX this Staff memorandum to the Planning and Environmental Commission dated January 24, 2005, and the evidence and testirnony presented, the Planning and Environmental Commission finds: That the prcposed major amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allovnble gross resrUential floor area (GRFA) within the district, and sefting fotth details in regard thereto, corplies with the nine design criteria outlined in Section 12-9A-8, Vail Town Code. Fufthermore, the applicant has dennnstrated to the satisfaction of the Commission, based upon the testirany and evidence presented, that any adverse effecfs of the requested deviations fromthe development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consr'stenf uith the development goals and objectives of the Town." XI. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans D. Photographs E. Required Streetscape Master Plan lmprowment Area F. Preliminary East Meadow Drive Streetscape Design G. Public Notice 15 Attachmcnt: A :.-! I 9iF 9FF ee 3 s3 !;'64 ! 33 I E t- tl $ 'll November 5,2004 Unit 16, 17 , 29 Vail Village Plaza Condominiums Parcel #210108256029 Description of Reouest 'This Proposal involves exterior improvements to street level commercial spaces in Units 16 and 17 and convenion of upper level spaces (primarily Unit 29) to a residential Dwelling Unit Approxim ately 74 square feet of Unit 17, in the northeast corner of the north plaza level will be converted to an Entry for the Dwelling Unit. Approximately 161 square feet of Unit 17 will remain commercial on the north plaza. Unit 17 currently contains a "Loft" of approximately 153 square feet. This "Loft" will be removed. Unit 29 will be converted to a two story residential Dwelling Unit that contains approximately 21o4 square feet of CRFA (74 atentry,853 on level 2,1177 on level 3) . Unit29 currentfy, is approximaGly 939 square feet (714 on ievel 2,225 on level :). The Proposal does not deviate from the development standards of the underlying zone district. NEEDS TO BE COMPLETED Zoning Analysis (based on SDD #6, and ordinance No. 15, series of 2001 (Units 16,1 7,29)) l'rr ! i ir! il"i:: r. ,{i,\. 1(:ri:crl l'lillirrrr I: iria:.i, i. .!,.i.it;t.tr:1 l'i.i:hv lJi..:!i rri.: l?-:i; i i.:ji |"i,'it;i.l.rr Lot Area Total CRFA Unit 17, 29 CRFA DU per acre Site Coverage Setbacks: Front Sides Rear Existine 150,282 sq. fL 184,457sq. ft. None 12.75 61% or 92,036 sq. ft. Attachment: FRITZLEN PIERCE ARCHITECI - VAIT, COLOMDO Proposed No change 186,561 sq. ft 2104 sq. ft. 13.25 No change No change No change No change .o J 5', 1o:i.; i..isi ...,:i; tnil.t I;u:.1. ;liillr:.:iiii' {1.. l \..;;i' i, l-:ajirrrr:irtr, ii'i ir:i ;: iit ti:.j.:l:1..1,:1; i t)7 { 1.4 :: j,. t.:t,:i j t i..: rn !: rl).' nii;trt c I tii,,,::r:', r .r 'IiI i.,j "11 i',, il;; rr i; it 1,1ir, 1 r ,;1 : Height Loading Commercial Area 77.25' (site max) 33.5' (existing Unit 29) 5 berths 25% of CRFA, or 43,096 sq. fr FRITZLEN PI ERCE ARCH ITECTS VAIL, COLOMDO No change Parking 291 spaces No change in number of spaces but conversion of retail space should reduce parking requirement (2.4 spaces required for retail, personal services, 1 .4 spaces required for DU) No change 42,740 sq. ft (43,096 - 1,166) '! i.rl(l [:,:st: i.iril V;lkrv l)rivr:. \iirli. Ci li:radr..r il l{rjij i': .,t:11.1.4:th t.42 irr 1)i(r 4it).t1|{r': Lr inii:;?'vaj!arli:itlr..*.cr.rr i: w'],:,v.v J i l:{rci iti!ai!. t t 4 u trrrzL ENI H irrilr:' 15: iJ-'! . to .l -$ag 3 r1rtz Attachment: C t- 3l n?t nfitl s \11 E 3 'o { nts 3 3 Jrtg e s0 J 7 - E 'T lolll>l'l IJl-l.ilrtt1lil I Bq ril, E€ s 7r fi ?ol h >f fl 7 J{ ao tr4 ?lrl Fr 1 fi s 2O b rfi lou'-5 3/a' FLOOR LEVEL OF UNIT 2q ALPENROSE EAR TO UNIT I-T LEV=-L/ UNIT I'7 OF UNIT I-T OF UNIT 16 VAI L VI LLACE PLAZA CONDOM]NI UMS uNlTs 16,17,29 PARCEL #2"t01082s6029 vAtL, co 81657 PROJECT #0414 Enssrtr SECTION AA. EXISTING 1'-4 EXEI t:-erAEAAl -----'?4 A &.R.1-tEI Tf . lo'r 6'-5' EaIA$NT.1TAIEEAE24't.1)t'.15'4'2tn . lo'.ld'-+'llNPl|{r t'-,1" - 9',-.f't---'|.-------fql SCALE: 118":1'-O" lFRrrzLtNll l'''*"1f, VAIL VI LLACE PLAZA CONDOMINI UMS UNITS 16, 17 , 29 PARCEL #2101082s6029 vAil., co 81657 PROJECT #0414 Ttru UNIT #16 UNIT #17 UNIT #29 F-'IJLFtlt'-^-'l: I I 1ST FLOOR PLAN d SCALE 1/E"=1'-0" VAIL VILLACE PLAZA CONDOMINIUMS UNITS 16,17,29 PARCEL #210108256029 vAtL, co 81657 PROJECT #0414 Ttrtr UNIT #16 UNIT #17 UNIT #29 2ND FLOOR PLAN SCALE 1/8":1'-0" Ttrr VAIL VILLACE PLAZA CONDOMINIUMS UNITS 16,17,29 PARCEL #2101082s6029 vAlL, co 816s7 PROJECT #04'14 UNIT #16 UNIT #12 UNIT #29 l;RrrtLENl l'''-.'1t_13RD FLOOR PLAN SCALE 1/8"= 1 '-0" w?ool4 EXIS'II€ 3RD LEVEL ... . 72'_6 E^. COMM LEYE! A- @PM IE\r'EL 2' 3i1b VAIL VILLACE PLAZA CONDOMINIUMS UNITS 16,17,29 PARCEL #210108256029 vAil_, co 81657 PROjECT #0414 NORTH ELEVATION . PROPOSED SCALE: 1f 8":1'-0" VAIL VILLACE PI.AZA CONDOMINIUMS UNITS 16, 17,29 PARCEL #2101082s6029 vAtL. co 816s7 PROJECT #0414 SOUTH ELEVATION - PROPOSED SCALE; 1/8":1'-0" VAIL VILIACE PIAZA CONDOMINIUMS uNlTs 16,17,29 PARCFL #2101082s6029 vAil-, co 81657 PROJECT #0414 EAST ELEVATION . PROPOSED SCALE: 1/8":1'-O" VAI L VI LLACE PLAZA CONDOMI NI UMS UNITS 16,17,29 PARCEL #210'1o82s6029 vAtL, co 816s7 PROJECT #0414 WEST ELEVATION . PROPOSED SCALE:118"-1'-9" ffi#len1 i"''*"J -l uNlT 2q TO UNIT 2q uNtT t-7 VAI L VI LLACE PLAZA CON DOMI NI UMS UNITS 16, 17,29 I,ARCEL #210108256029 vAtL, co 816s7 PROJECT #041 4 SECTION M = PROPOSED SCALE: 1/8 :1'-0" - o fi T-----l r-----rfigl | |::t,l ll Iiiiil ll Ii:iir | | INlWdOlln:lC:lU ISOU NldlV ! zotr{ tuJtu IFfI ffiffi Attachment: D Nd &.-Lt o- lzu I IluJr! I IlJ" I IN!/ I IlFr,.r I I Itr. I l zu NdI r.-r d.-!- o- lzl'r I IlEl,, | |JJ" I IiN.. I IlFr,.t I I Eo- I I -__t._-- l \ I TU ,flf I4fl ''rf Iflflflf tll,-t rrri l,-o I;, I If o I60 |I; I 'z^ '4 ENCLOSURE G.C.E, TWO STORY FRAIdE AND STUCCO BU ILDING Colculofed. PATIO L.u.tr. UNIT 5 -s.9)J TWO STORY FRA.IIE AND STUCCO BU ILDIN G / ----- ,\i PATIO \\ UNIT 5 F) 6 o.\$ e q\.'fl ?\ % "z\\ r6' \2 O. -RJ.:u\\'o.\-1 1.6 1.r.L.tr. lY. t IN & CAP L. S. 16827 lF 'rl R = 545'89' L = 154.15,' ''.n = l6o lo 39If-77nR| - | t.!/v I tl ch=S89'19'4O V{ 153.6 Z' Ptottec.545,88' 1600 0"30" r52.51 = N 89" 2,4.7 t52.oz L R_ rl- L- ch arllqF. rN CO \ AIo 3o =:? m Req, rtJ {lc.olieap+ I^1.ova^e^tr r- n t\'rF /\ \ I MEADOW DRIVE l,n1l Attachment: F .ty 3A ItvYT \ .rt \6 r,a(-A 3 ,rJ €_ vls\) \!c'i r)t,P Attachment: G THIS ITEM MAY AFFECTYOUR PROPERW PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 24,2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council for a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 6, Village lnn Plaza, to increase the total allowable gross residential floor area (GRFA)within the district, located at 100 East Meadow Drive (VailVillage Inn), Lots M and O, Block 5D, Vail Village l"tFiling, and setting forth details in regard thereto.Applicant: Luc Meyer, represented by Fritzlen Pierce Architects Planner:BillGibson A request for a site coverage variance, pursuant to Chapter 12-17,Yariances, Vail Town Code, to allow for a variance from Section 12-21-14, Hazard Regulations, Vail Town Code, to allow for site coverage in excess of 150/o of the total site area on a lot with excessive slopes, located at2672 Cortina Lane, Lot 8, Block B, Vail Ridge Subdivision and setting forth details in regard thereto.Applicant: Helmut Reiss, represented by lsom and Associates Planner:Elisabeth Eckel A request for a final review of an amendment to an approved development plan, pursuant to Section 12-7H-7, Exterior Alterations or Modification, Vail Town Code, for the Lionshead Core Site Hotel, located at 616 Lionshead Circle/Lot 4, Block 1, Tracts D, H, and C, Lionshead Filing 1 and Lot 2, Block 1, Tracts H, G, and C, Lionshead Filing 3, and setting forth details in regard thereto.Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner:George Ruther A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto.Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner:Elisabeth Eckel A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Vail resorts, represented by Braun Associates, Inc. Planner:Bill Gibson A request for a final review of a minor amendment to an approved development plan, pursuant to section 12-9c-5, Development standards, Vail rown code, for the Vail Mountain school, located at 3000 Booth Falls court. Lot 1. Vail Mountain school Subdivision, and setting forth details in regard thereto. Applicant: Planner: Vail Mountain School, represented by Mauriello Planning Group, LLC Matt Gennett A request for a work session to discuss the proposed Chamonix Parcel Master Land Use Plan pursuant to chapter Vlll, section 3, Town of vail Land Use Plan, for the chamonix Parcel located at rract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant Town of VailPlanner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at ihe Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 97A-479-21 38 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published January 7, 2005, in the Vail Daily. Vail ViLlage Plaza Cond^miniumsc,/o Slifer Managemen!143 E. Meadow Dl .Vai1, CO 81657 lt Tai lsman Condomini r.rm92.y. Meadow Dr.va11, co 81657 Associ at i on Waldi.r Prado 950 Red Sandstone RoadVail-, CO 81657 ,tonana s Faesslerc/o Sonnenalp Hotel82 E. l"Ieadow Dr.vai1, co 81657 Uil1ag-e fnn plaza Condominiurri Associationc,/o Peak Propert ies 100 Lionsridge Loopr Suite 3AVai1, C0 81657 lyrl'r Fr it,rir,:rr, Al , Ar{ltit({:l \{illianr t- Piefie, A!iiitr'l:t Kalli! Hcslirl$ir. []usirxrs: Mrr r.r3r,r FRITZLEN PI ERCE ARCH ]TECTS VAIL, COLORADO Vt|I - u,r ME{EL\AtL 'Jrurc.€. tr.rC 9 Vail Road 9 Vail Rd Vail, CO 816s7 Attn: Front Desk AAMCO - Lon Moellentine 461 Fifth Avenue New York, NY 1001 7 1e Bank of Vail 17 Vail Rd Vail, CO 81657 Colorado Department of Tansportation 420-l E. Arkansas Avenue Denver, CO 80222 303-757-9011 Crossroads - Crarq Cohn Crossroads Manaqement | 43 East Meadow Drwe, Sufte 3OO Varl, CO 81657 Cateway - Kevin Deighan 12 Vail Rd. Suite 600 Vail, CO 81 657 Swiss Chalet - Johanas Faessler 82 E. Meadow Dr. Vail, CO 8'l 657 16i! j Fdsl \',r{l Y,illc; Drire . i ,rlhiiirt. t-'1. Vail, Coi(r!n(11, llI lr;f P; !r i i 1.4 :, r. (r.i 4ll F: i);0.4 i6.Jlil) l E: ir 1ir) (gi\;1rl,r f{ hit,\t!.col) ntttv.v.til"rr.:lIiter:|:.r',.rIr ffi *|-,oP 1 Project Name: MEYER RESIDENCE ProJect Description: Participants: Vail, CO 81657 License: C000001402 Project Address: 100 E MEADOW DR VAIL VITIAGE INN PLAZA, UNIT 17 & 29. I Va*e Wl a4.u CHANGE TO THE APPROVED PLANS (WINDOW COLOR) Design Review Board ACTION FORM Departrnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 lel: 970.479.2t39 fax: 91 0.479.2452 web: www,ci.vail.co.us DRB Number: DR8050359 Location: OWNER LUC MEYER 813 POTATO PATCh 07/221200s VAIL co 8i657 APPUCANT Fritzlen Pierce Architects 07/2212005 Phone: 970-476{342 1650 East Vail Valley Dr, #C-1 )t Legal Description: Lot: Block: Subdivision: VAIL ULLAGE PLAZA CONDO Parcel Number: 2101-082-5602-9 Comments: Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Actionl STAFFAPR Date of Approval: 08/03/2005 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. @nd: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Bill Gibson DRB Fee Paid: $2O.OO o 1Gt4ry f'\p,agalifr a:;ats&sa'f'ee' Des6g m RevB Depatnteni of Cornntunity Developnreni 75 Souttr Froniage Road, Vail, Colorado 8165& tel: 970.479.2L39 tax: 970.479.2452 web: www.ci.leil.co.us General Informatiom: All prqects requiring design review must rer:eive approval prior to submitting a building permit application. pleaserefer to the submittal requirements for the particul'ar approval that is requeied. nn alptication ior Design Reviewcannot be accepted until all required informaiion is reieived by the Comrnunity Development Department. Theproiect may also need to be reviewed by the Town Council and/or tne ainninl and Environmenbl Commission.Design review apFroval lapses unless a building permit is issued and cJnsbuction commences withinone year of the approval, Description ofthe Request: ; -.- . ,. ....Locafron of the Froposal: LoL. . . . Block: . ,srrbctivjsion: 'illU-C:"ol'l.DEV. Physical Address: Zoning: 6bD i,lt fn Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s):Lvc- Name of Applicant: Mailing Address: l{"5r: VrrrL lglLT-v Dar,n lntL , (",5 S\,',61 Phone: E-mail Address: Plus $1.00 per square foot of total sign area. For construction of a new building or demo/rebuild. For an addition where square footage is added to any residential or@mmercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvemenE, such as,reroofing, painting, window additions, landscaping, fences andretaining wallt etc. For minor changes to buildings and site improvements, zuch as,reroofing, painting, window additions, landscaping, fences andretaining walls, etc. For revisions to plans already approved by Blanning Staff or theDesign Review Board. g t1 ow3 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) o Type of Review and Fee:tr Signs' Conceptual Review .tr New C-onstruction . Addition tr Minor Alteration (multFfamily/commercial) tr Minor Alteration (sin gle-family/duplex) fl Chang"s to Approved Plans tr Separation Request $s0 No Fee $6s0 $300 $2s0 $20 $20 No Fee Phone: AYt" . 3tom DRB No.: For Officql,fqe;pn Fee Paid. t-'v tu' .n..* no.,l7lTz ,,Q .flLBtflIiltlii ' li ' [' ['i'i'i'i' !: 1l E E E E E E E E E F F F E E o .ur g de<(9aGo o.uB Jut=avtw oo.ur @JOEN<zU,Otro /'qB o-< -'ia6 IIJo <sZ6b(l) =t<; -E-E = Oot,2t o4 0rl: 43p 7052{''7673 p.2 r0}lru JOIT{T PR,OFERnr OWTTER,WRfiEI APPRO/ALET,ER .JJ,' \ '2 sE"( :T'h v88wr o'Uyner orp'p.tv fo.,bd at (addcsvresar afuun(U*nn (}ela cousins tMluu thts hu€r at.i vrritten apprwal of th€ plans dahd ffiffiffHtr:ha atra^t^r^-r ^- -, 2t l:t t i. I further understan, that minor nrodtflceuons rnoy be madc b rhe prans o,"r the ours€ of thc ,qdelvpocess b ensure compliance w[,fr he Totnt appllobh @des and regulations. 1- lr - al1 - RECEIv rit] Ptgn 3 of 5.ll l.t0l0J I ),,-ffi Y'a^zV1/q,6h,,1 | /4a,b/,(tgp Planning and Environmental Commission PEC Number: PEC0,10054 PECType: NICOVAIL LocaUon: ACTION FORM Depaftmert of Community Development 75 Sotith Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 tax: 970.479.2452 web: www,ci.vail.co.us Prciect Name: Prcject Description: CONDMONAL USE PERMIT FOR A BUSINESS OFRCE Pafticipants: OWNER NICO VAIL INc 07/2612004 Phone: C/O SUFER MGlvlT 143 E MEADOW DR STE 360 VAIL co 81657 License: APPUCANT SLEVIN,IOHN 0126/2004 Phone:476-2482XL25ll UONSHEAD MAII VAIL co 81657 License: Project Mdress: 100 E MEADOW DR VAIL VAIL VILI.AGE INN, #16 & 17 05p LegEl Description: LoE Block SuMivision: VAIL VITIAGE PLAZA CONDC Parcel Numben 210108256017 Gommenb: Motion to approve failed by Ue vote Vit vilrrT,Xt-,, , BOARD/STAFF ACTION Motion By: Viele Seond By: Gunion Vote: 3-3-1 Gonditions: Planner: Bill Gibson Action: DENIED Date of Approval: Meeting Date: 08/2312004 PEC Fee Paid: $650.00 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development August 23,2004 A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Inn/Lot,O, Block 5D, Vail Village Filing 1, and sefting forth details in regard thereto. Applicant Nico Vail, Inc., represented by John SlevinPlanner: Bill Gibson il. SUMMARY The applicant, Nico Vail, Inc., represented by John Slevin, is requesting a conditional use permit pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office at 100 East Meadow Drive, Units 16 and 17 (Vail Village Inn). This conditional use permit will allow the applicant to establish a real estate office within an existing Vail Village Inn tenant space. Based upon Staffs review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings noted in Section Vlll of this memorandum. DESCRIPTION OF THE REQUEST Nico Vail, Inc. is requesting a conditional use permit to allow for a business office at 100 East Meadow Drive, Units 16 and 1 7. This conditional use permit will allow the applicantto establish a real estate office within Phase ll of the Vail Village Inn Special Development District (i.e. SDD #6). The proposed real estate office will be located within an existing 839 square foot tenant space along East Meadow Drive which was previously occupied the Steve Reaves Gallery. The applicant is not proposing any exterior changes to the tenant space at this time. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for reference. REVIEWING BOARD ROLES Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action:The PEC is responsible for approval, approval with conditions, or denial of a conditional use permit. The PEC is responsible for eLluating a proposal fon 1. Relationship and impact of lhe use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. I ll. tv. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. ,t Conformance with development standards of zone district ! Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Desiqn Review Board: Action: The DRB has NO review authority on a conditional use permit, but musl review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. APPLICABLE PLANNING DOCUMENTS Special Development District #6, Vail Village Inn Conditional Uses Conditional Uses for Phases l, Il, lll, lV, lV-A and V of Special Development Distict No. 6 shallbe $9f forth in Secflon 18.22.030 of the Town of Vail Municipal Code with the addition of the following conditional uses: A. An outside popcorn vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core ll. B. No office use, except those clearly accessory to a principle use will be allowed on the Plaza level of Phases lV, lV-A and V. Title 12, Zoning Regulations Chapter 12-2: Definitions (in part) OFFICE, BUS/NESS; An office for the conduct of general business and service activities, sucf as offices of real esfate or insurance agenfs, brokers, secretarial or stenographic seruiceg or offices for general busrness activities and transactions, where storage, sale, or display of merchandise on the prernrses occufiies /ess fhan ten percent (10%) of the floor area. . Article 12-7A: Public Accommodation District (in part) 12-74-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor ortented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permifted uses are intended to function compatibly with the high density lodging character of the district. 1 2-7A-3: CONDITIONAL USES: The following conditional uses sha// be permitted in the PA distict, subjectto issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tifle: Bed and breakfast, as further regulated by section 12-14-1 I of this titte. Churches. Fractional fee club units as further regulated by subsecfibn 12-1 6-748 of this tifle. Hospitals, medical and dental clinics, and medical centers. Lodgeg including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10To) and fifteen percent (1 5%) of the total gross resrdential floor area of the main structure or structures on fhe slfe. Major arcade, so long as rT does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. Profe ssio n a I and business offices. Public buildings, grounds and facilities. Public or commercial pa*ing facilities or structures. Public or privafe schools. Public park and recreational facilities. P u bl ic tran spoftation te rm i n al s. Public utility and public serylce uses. Ski lifts and tows. Theaters and convention facilities. Type lll employee housing units as provided in chapter 13 of this title. Chapter 12-16: Conditional Uses Permits (in part) Secflon 1 2-1 &1 : Purpose; Limitations ln orderto provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain dlstricfs subject to he granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located property with respect to the purposes of fhrs title and with respect to their effects on surrounding propefties. The review process prescribed in this chapter is intended fo assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses /isfed as conditional uses ln the vaious disfnbfs may be permitted subjebt to such conditions and limitations as the Town may prescibe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detimental to other uses or propefties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Vail Village Master Plan Goals, Objectives, Policies. and Action Steps (in part) Goal#2 To foster a strong touist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for the development that is compatible with fhese esfablshed land use paftems. Objective 2.4 Encourage the development of a variety of new commercial activity where compatible with the existing /and uses. Land Use Plan (in part) Land Use categoies in the Vail Village include the following: Mixed Use: This category includes the "historic" village core and properties near the pedestrianized streefs of the Village. Lodging, retail and a limited amount of office use are found in this category. Within nearly 270,000 square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major facto in the appeal of the Vail Village. Vail Villaqe Sub-Areas (in part) Mixed Use Sub-Area (#1) The Mixed Use sub-area is a prominent activity center for the Vail Village. lt is distinguished from the Village core by larger scale buildings and by the limited auto traffic along East Meadow Drive. Compised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. V.ZONING ANALYSIS Zoning: Underlying Zoning: SDD #6 (VailVillage Inn, Phases ll) Public Accommodation Zoninq SDD #6 Public Accommodation SDD #6 SDD #6 vl. Land Use Plan Designation: Village Master Plan, Mixed Use Sub-Area Current Land Use: Mixed Use Development Standard Allowed/Required Existinq , ProposedParking 3 spaces 2 spaces 3 spaces (1 off-site) SURROUNDING LAND USES AND ZONING ,i North: South: East: West: Land Use Mixed Use Mixed Use Mixed Use Mixed Use vlt.CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed real estate office is located within Special Development District #6, with an underlying zoning of Public Accommodation (PA). Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12- 16, Vail Town Code. A. Consideration of Factors Reqardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Pursuant to Special Development District #6, Vail Village Inn, conditional uses within the Vail Village Inn are allowed in accordance with the provisions of the Public Accommodation district. Business offices, which include real estate offices, are allowed as conditional uses within the Public Accommodation district. However, the provisions of Special Development District #6 specifically prohibit business offices on the Plaza level of Phases lV, lV-A, and V. The Nico Vail proposed real estate office is located at street level within Phase ll of the Vail Village Inn, and therefore not specifically prohibited by the Special Development District #6. There is currently another real estate office located in Phase lll of the Vail Village Inn. Additionally, there are also real estate offices located at other Public Accommodation zoned properties such as the Austria Haus, Mountain Haus, and Christiania. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses in this district may lead to an eventual departure from the purpose of the district. However, given the small number of real estate .offices currently located within the Public Accommodation district and the unique land use mix of the Vail Village lnn, Staff does not believe this is an issue of concern at this time. B. The provisions of Special Development District #6, the Public Accommodation district, and the Vail Village Master Plan each allow for limited amounts of office uses at the Vail Village Inn. Therefore, Staff believes the proposed real estate office is consistent with the development objectives of Special Development District #6, the Public Accommodation district, and the Vail Village Master Plan. 2. The effect of the use on light and air, disgibution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. ,i Staff believes the proposed real estate ofiice will have no significant negative effects on the above-mentioned criteria in comparison to the existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control,,access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed real estate office will have no significant negative effects on the above-mentioned criteria. Pursuanl to the provisions of Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, the proposed real estate offlce will require one additional parking space compared to the previous retail use of this tenant spape. Since there is no additional parking available at the Vail Village Inn, the applicant is proposing to purchase at least one parking space at the adjacent Vail Gateway Building's parking club to improve the parking availability for their business. Pursuant to Section 12-10-6, Parking: Off Site and Joint Facilities, Vail Town Code, with Town Council approval, the purchase of this parking space may be used to meet the parking requirements of the Town Code. The Town Council is scheduled to review this request to allow one off'site parking space for the real estate office at its September 7, 2004, public hearing. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact on the above-mentioned criteria. New signage for this business will require Town of Vail design review approval, thus ensuring the compatibility of any new signage with the surrounding uses. The Planning and Environmental Commission shall make the followino findinos before qrantinq a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. VIII. STAFFRECOMMENDATION The Community Development Department recommends .that the Planning and Environmental Commission approves the applicant's request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Inn)/Lot O, Block 5D, Vail Village Filing 1. Staffs recommendation is based upon the review of the criteria described in Section Vll of this memorandum and the evidence and testimonypresented. Should the Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 1. That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Commission choose to approve this conditional use permit request, the Communily Development Department recommends the following condition of approval: 1. This approval shall be contingent upon the applicant receiving Vail Town Council approval for one off-site parking space, prior to the applicant's submittal for tenant-finish building permits and/or occupancy of the tenant space. IX. ATTAGHMENTS A. Vicinity MapB. Applicant's requestC. Public Notice Attachment: A 58ff* F,{ *-E I6,E tl i€E i5eT;FF eE;e 5i.EE'ax 8€ 6S al Il p IitB t F 2 oor tl r p Attachment B II. Iil. Addendum to Anplication Ior Conditional Use Application Apolication fnis is an application for a conditional use permit to lotate a professional real estate office in Phases I and II of SDD #6. Underlying Zone District "" The underlying zone district for SDD #6 is Public Accommodation ("PA"). Conditional Uses Among other conditional uses, professional and business offices are permitted as a conditional use in the PA zone district, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of Title 12. Description of Pronosed Use The specific use is for a professional real estate office in the amount of 839 square feet. The hours of operation would be similar to other retail establishments in the area except for restaurants, which stay open later at night. No measures need to be taken to assume compatibility with other properties or uses in the vicinity. Chaoter 16 A. Purpose of conditional use.1. In order to provide the flexibility of title 12, specified uses are permitted subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and cvaluation so that they may be located properly with respect to the purposes of Title 12 and with respect to their effect on surrounding properties. The review process is intended to asswe compatibility with surounding properties and the Town at large. Only where conditions camot be devised to achieve these objectives should conditional use oermits be denied. Factors to be considered A. Relationship and impact of the use on development objectives of the Town. l. The PA zone district is intended to provide sites for lodges and residential accommodations for visitors, together with such .public and scmi-public facilities and limited nrofessional offices irmong other uses that are compatible with adiacent land uses and which enhance the nature of Vail IV. VI. B. C. as a vacation community. Real estate sales are a significant part of Vail's economy and real estate offices provide a necessary part in the mixture ofretail shops, restaurants, bars and other business offices in the Town.2. In SDD #6, Phases I, II, III, and V there is approximately 40,000 square feet of retail, restaurant, bar and office space. Currently a real estate office is located in Phase III in the amount of 1,275 square feet. A travel agency was located in Phases I and lI but such space is cdrrently occupied by a retail shop. Ourproposal is for 839 square feet.3. The PA zone district is intended to provide more of a mixed- use environment than either CCI or CCII where offices are not allowed on the first floor. Because real estate is part of Vail's economy and does enhance Vail as a vacation community, the PA zone district is an appropriate location for first floor real estate offices. Effect ofthe use on light and air, distribution ofpopulation, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs.1. This application has not effect on the above. Effect upon traffic and particular reference to congestion, automotive ano pedeslrian safety emd convenience, traffic flow and control, acaess, maneuverability and removal of snow from the streets and parking areas.1. This application has no effect on the above as the location is on a pedestrian street. Ihe applicant is required to provide one (l) parking space because ofthe change ofuse and will do so by purchasing at least one (1) space in the adjacent Gateway building. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surounding uses.1. This application has no surrounding area as the existing space.2. As stated above, the PA zone district is a mixed-use type of district with offices situated conveniently next to retail stores.3. Real estate offices are located on other sites with PA zoning including the Austria Haus and the Christiania Lodge. Conditional uses were granted to allow for such use. E. Other factors1, In a vacation community, locals and visitors alike enjoy and use real estale offices. They have co-existed with retail shops and restaurants in CCI, CCII and the PA zone district since the beginning of Vail. D. effect on the scale and bulk of the proposed use will be located in an v[. 2. The only possible detriment is the possible loss of sales tax revenue from retail shops. Two things mitigate this possible detriment. a. The shop is currently vacant and produces no revenue for the Town of Vail and previous to that the shop was an art galleryo which produces less sales tax revenue because many purchases are shipped out of town. Assuming, however, a normal retail shop would occupy tlle space, the sales tax revenue to the Town would be approximately $20,000 per year. b. Based upon a long history of sales, the proposed real estate office will generate approximately $80,000 in transfer tax revenue for the Town of Vail per year. Proposed findines A. The proposed location of the conditional use is in accordance with the puposes of this title and the purposes of the district in which the site is located. B. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public heaith, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisions of this title. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: C *ffi NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Gode, on August. 23,2OO4, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for a final review of a minor exterior alteration, pursuant to Section 12-7 A-12, Exterior Alterations or Modifications, Vail Town Code, to construct an enclosurq for King Ludwig's patio, located at 20 Vail Road (Sonnenalp Resort of Vail)/Lot L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Resort of Vail, represented by Reso( Design AssociatesPlanner: Elisabeth Eckel A request for a conditional use permit, pursuant to Sections 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a conversion of existing lodge space to conference facilities and meeting rooms/Lots 4 & 7, Marriott Subdivision and Lots C and D, Morcus Subdivision, and setting forth details in regard thereto.Applicant: Vail Corporation, represented by Mauriello Planning Group, LLCPlanner: Warren Campbell A request for a conditional use permit, pursuant to Section '12-7B,-5B., Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the consolidation of two dwelling units, 126 Willow Bridge Road, Units 3A and 38 (Village Center Building A)/Lot K, Block 5, VailVillage Filing 1, and setting forth details in regard thereto.Applicant James L. Vincent, represented by K. H. Webb ArchitectsPlanner: Matt Gennett ^ A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail -.ftJown Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 R,Y:J:yJllage Plaza)/Lot o, Block 5D, Vail Villase Filins 1, and settins forth details in resard Applicant: Nico Vail, lnc., represented by John SlevinPlanner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Published, August 6, 2004, in the Vail Daily. TOl,fNffi Location of the Proposal: Lot: Physical Address: Department of C.ommunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.21 39 fax: 970.479.2452 web: www.vailgov.mm General I nformation: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approvat that is requested. An application for Planning and Environmental Commission review cannot be acoepted until all required information is received by the Community Development Department. The project may also need to be revie\ €d by the Town Council and/or the Design Review Board. Type of Application and Fee: Application for Review by the . F,F^,Ptanninj and Environmental commission I REcEIVED Q5<qzq C a-dd t Rezoning $1300 lvlajor Subdivision $1500 Minor Subdivision $650 Exemption Plat $650 Minor Amendment to anSDD $1000 New Special Development District $6000 M4or Amendment to an SDD $6000 Maior Amendrnent to an SDD $1250 (no exte ri o r m od if i cati ons) Conditional Use Permit Major Exterior Alteration Develooment Plan Amendment to a Develooment Plan Zoning Code Amendment Variance Sign Variance $650 $400 $650 $800 $1500 $250 $1300 $500 $200 Description.of the Request: Parcef No.: ll Ola{SS{O[? {"on,".t Eagte Co. Assessor at 920-328-8640 for parcet no.) Name(s) of Owner(s): Mailing Address; i(sign"tr."1"y' Name of Applicant: E.mailAddres",{i-EyhJ-4--yAA.l6-r.,--13-0-:-M:-/1-t1----- -Tr"a- Mailing :g8ffi"2FtnF' "n* "o, 3/ $b trleeting Date: I - -z-3' OtPlanner:----- (bISL- Project No.: Page I of 5-04/01/04 ,,-ffi JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER description) r, a joint owner of property located at (address/legal provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be comploted at the address noted above. I understand that the proposed improvements include: I further understand that minor modifications may be made to the plans over the course of the review proc€ss to ensure compliance with the Town's applicable codes and regulatiorE. ,#z/{ - Page2 of 5-04/01/04 JOINT PROPERTY OWNER WR ITTEN APPROVAL LETTER h;1 /;,'4 ,P6?4-- l, (print name) description) , a joint owner of property located at (address/legal provide which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be comphted at the address noted above. I understand that the propoeed improvements include: I further understand that minor modifications may be rnade to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. ,4?agV this letter as written approval of the plans dated Prge2 of 5-O4/01/04 Page I of4 Jay Peterson From: <jslevin@vail. net>To: <jkp@vail.net>; <jslevin @vail. net>Sent: Wednesday, August'18, 2004 5:33 PM Subjech Wl Photos Jay, Attached are interior and exterior photos of the subject space. See you on Monday. Thanks John 8/2012004 Page 2 of 4 8t20/2004 Page3 of 4 8/20t2004 l6ddrHasv$hnr*' i 1r:.! 3l :, Orga0ize, print and sharc ycl r ':jiqiifil ph0t{}s. e!!4_beIelg Set.the softwargj How to save a picture Simply right cllck on it ar':d selerl "sa're image as." MAC users, cJick a*d drag th€ innge to ycur desktop. Page 4 of 4 ffi Share blonenlc" Shar* Li{el Copyriglrt G, -astman Kodak Comp6ny, ?003 8t20/2004 Sep Q2 O4 O9:rS3p Jag K. Petsngon 9?O -926 -31i+O p." Appeals Form Department of Community Dwelopment --75 Sotith Frontage Road., Vail, Colorado 8t657- tel: g7}.47g2l3g faxi 970'479'2452 web: www'valloor'com ffi?:?l1yruffi$'fi firins an appear or.a staff, Desisn Review e9ur4 lfrlnnine and.Envirop"ilal Cornmission action/decision. A complete torm anO ass-ociated requiremer]ts l1ust be submitted to the communty Devetopment ildil;;fi;*;*;t liol calendar davs of the disputed adion/decision' .fi* Board orStaff Person rendering action/decision: fr f\ Does this appeal involve a specific parcel of land? @ tn"l If yes, are you an adiacentproperty owner? tV3sl @p Name of APPellant(s): Addrcss: Physical Address in Vail: Legal DescriPtion of s) Properf,y i4 ; [ot: Appetlant(s) Signature(s): (signatures if more sPace required). Submittal Requirements: 1. On a separate sheet o-r separate sheets of paper, provide a detailed explanadon of horu you are an "aggrieved or adversely affected peJsoll". oT'J'!li!'iiJ:ff;3;:;;;;;tJ'ii""t' or paper, specitu tFg:!'::i'ture or the appear' Prease 2. 5. .iil ipdin. code secti o ns havi ns rdora ncq ! ur 9.aaio1i9ll9-.:-tP:il*;i5"'.j#'lilTi..##'il"uoJ*i-"lii":tn riiiing-ina phy:i-i addresses in Vail) or all owners or .-- /:-'|r r,l:-^ ,\r.IAancffi ffi/" ;il; Jffi ill.t; -til lpe-*i ""0 "tl :9,::"":. ryp:Y. :::"i $g:*"n".":ffi5|jiiLll'l,,|iiJ.6l-;,i"' ;;;ffii'r.i"r-[ri. *uie.t prop"rtv bv a 6eht-or'wav, stream, or other intervening barrier). 4. Provide stimped, iddressed envelopes for each property owner listed in (3')' PLEA5E SUBMIT THIS FORM AND ALL SUBMFTAL REQUIREMENT5 TO:-1owrl oF vAlL, DEPARTMENT oF @MMUNITY DEVELoPMENT' 75 SOUTH'FRoNTAGE ROAD, vAlL, coLoMDQ 81657' UVE Action/Decision being aPPealed: Dateof Action/ Decision : f ill^-**- \ Za.r,\ MEMORANDUM Vail Town Council Department of Community Development September 21 ,2004 TO: FROM: DATE: SUBJECT: ,,.ilh 4.oU/t An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a conditional use permit appfication, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village lnn/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto Appellant Nico Vail, Inc., represented by John Slevin and Jay PetersonPlanner: Bill Gibson |il. SUBJECT PROPERTY The subject property is located at 100 East Meadow Drive, Units 16 and 17 (VailVillage Inn). STANDING OF APPELLANT The appellant, John Slevin, Nico Vail, Inc,, has standing to file an appeal as the conditional use permit applicant. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmenlal Commission's denial of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village lnn/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of ftris title (Zoning Regulations, Title 12) have or have not been met." The appellant's appeal application has been attached for reference (Attachment A). .: IV.. EA+qB9+D ' trgp AugtFl,23,2OO4,the Planning and Environmental Commission held a public hearing to: revigw a conditional use permit application by Nico Vail, Inc. to allowfora business office at .the former Steven Reeves Gallery tenant spaces, located at 100 East Meadow Drive, Units 16"and 17 (Vail Village Inn). The Planning and Environmental Commission expressed concerns about allowing office uses on the first floor/street level of the Town's commercial areas such as Vail Village, Lionshead, and Meadow Drive. Based upon the evidence and testimony presented, the Planning and Environmental Commission determined that the proposed conditional use permit does not meet the "development objectives of the town"; and 'that the prcposed location of the use is not in accordance with the purposes of fhis fifle and the purposes of the district in which the site is located." On September 2,2004, the appellant submitted an appeal application to the Town of Vail Community Development Department appealing the Planning and Environmental Commission's denial. The Planning and Environmental Commission memorandum dated August 23, 2004 (see Attachment B) and the August 23, 2004, Planning and Environmental Commission meeting results (Attachment C) have been attached for reference. V. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3. Administration and Enforcement (in part) Section 12-3-3: Appeals (in part)C. Appeal Of Planning And Environmental Commission DecisionsAnd Design Review Board Decisions: 1. Authoity: The Town Council shall have the authoity to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the sfandarrds and procedures hereinafter set forth. 2. lnitiation: An appeal may be initiated by an applicant, adjacentprcpe,tyowner, or any aggrieved or adversely affected person from any order, decision, determination or interprctation by the Planning and Environmental Commission or the Design Review Board with respect to this Tifle. "Aggieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or fufthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by a/lpersons. The Administrator shall determine the standing of an appellant. lf the appellant objects to the Administratols determination of standing, the Town Council shall, ata meeting priorto hearing evidence on the appeal, make a determination asto the standing of the appellant. lf the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination sfands. The Town Council may also call up a decision of the Planning and Environmenta! Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support concluslons that the standards and conditions imposed by the requirements of this Title have or have not been met. Chapter 12-16 Conditional Use Permits (in part) Section 1 2-1 6-6: Criteria; Findings 1 2-1 &.6: CRITERIA; F/ND/NGS; A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commisslbn sha// consider the following factors with, ''' respecf to the proposed use.' 1. Relationship and impact of the use t'..',., ':'. .,,1r.,* on development objectives of the , vt. town. .,f"-... 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schoo/s, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon tnffic, with pafticular refercnce to congestion, automotive and pedestian safety and convenience, traffic flow and contrcl, accesg maneuverability, and rcmoval of snow from fhe sfreefs and parking areas. 4. Effect upon the character of the area in which the proposed use rs fo be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteia as the commission deems applicable to the proposed use. 6. The environmental impact repoft concerning the proposed use, if an environmental impact repoft is required by chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit 1. Thatthe proposed location of the use is in accordance with the purposes of this tifle and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. Thatthe proposed use will comply with each of the applicable proyislons of this tifle. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council overturns the Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vaij:.l n Village Inn)/Lot O, Block 5D, Vail Village Filing 1. sp,tr Staffs recommendation is based upon the finding that pursuant to Special Development District *6, Vail Village Inn, conditional uses within the Vail Village Inn are allowed in accordance with the provisions of the Public Accommodation district. "Business offices", which include real estate offices, are allowed as conditional uses within the Public Accommodation district. The provisions of Special Development District #6 specifically prohibit business offices on the Plaza level of Phases lV, lV-A, and V. The Nico Vail proposed real estate office is located at street level within Phase ll of the Vail Village Inn, and therefore not specifically prohibited by the Special Development District #6. Additionally, there are real estate offices located at other Public Accommodation zoned properties such as the Austria Haus, Mountain Haus, and Christiania. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses in this district may lead to an eventual departure from the purpose of the district. However, given the small number of real estate offices currently located within the Public Accommodation district and the unique land use mix of the Vail Village Inn, Staff does not believe this is an issue of concern at this time. The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. Should the Town Council choose to overturn the Planning and Environmental Commission's denial of a denial of a conditional use permit application, pursuant to Section '12-7 A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 1 00 East Meadow Drive, Units 16 and 1 7 (Vail Village Inn/Lot O, Block 5D, Vail Village Filing 1; the Community Development Department recommends the Town Council make the following findings: 1 . That the proposed location of the use is in accordance with the purposes of this title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinitv. 3. That the proposed use will comply with each of the applicable provisions of this title. Should the Town Council choose to uphold the Planning and Environmential Commission's deniaf of a conditional use permit ffifion, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (VailVillage Inn/Lot O, Block 5D, VailVillage Filing 1;the Community Development Department recommends the Town Council make the following findings: B b^€, a4eN p 1. That the proposed jsatiaJt of the use is not in accordance with the purposes of this title arid-tne purposes of the district in which the site is located. tA,A ML vl-isiot) uf,'elA alz,lo4 2. That the proposed location of lbggse and the conditions under which it would be operated or maintaine@iffibe detrimental to the publicheallh, safety, or welfare, or materially injuriou-s to properties or improvements in the vicinity. 3. That the proposed use will not comply with each of the applicabte provisions of this tiile. VII. ATTACHMENTS A. Appellanfs Appeal Application B. August 23,2004, Planning and Environmental Commission memorandum C. August 23,2004, Planning and Environmental Commission meeting results D. Public Notice 5 Sep 02 O4 09:43p Jac K. Pet erson thppeals Form Deoartment of Community Development- -- Zs iorltn irontage Road', Vail, Colorado 81557 tel: 970.47g12139 fax: 970'479'2452 web: www,vallgov'coJn General Information: This form is required forfiling an appeal of a staff, Design Review Board' orPlanning and Environmental commission acuon/decision. A complete to't unoJ-ii-J:i"4 *:{l-tlllT *:*,"t'" j*':}H'f"it" ::Hffiil'"t":tlffiHl;oiH;fi:u'i'' tr""rv ci-oi carendar davs or the dispured action/decision. Dateof Action/ Decision: 970 -9e6 -3140 Attachment A Board or staff person rendering action/decision: {r' - \ Does this appeal involve a specific parcel of landa 6) (no) Ifyes, are You an adjacent owner? (Y"") @ Name of APPellant(s): Phonel Physical Address in Vait: Legal Description of APPe nt(s) ProPertY in Vait Lot:-Subdivisionl Appellant(s) Signature(s) : signatures if more sPace required). Submittal Requirements: -1. On a separate sheet or separate sheets of paper, provide a detailed explanatiOn of ho| you are an z. 3. "aggrieved or adversely affected person". -On a sepante sheet or separate sheets of paper, Specity the precise nature of the appeal' Please cite specific code sections having relevanceto the.action being appealed' Provide a list of names and addresses (both matling anO pf'Vsicai addresses in Vail) of all owners of propeiry who are tne suOiJ J-[n" upp"af and ]tl aajacent Property owners (including owners rvhose properti"s a* ,"piruted from ihe subiect propirty by a right-of-way, stream, or other. intervening barrier). provide stimped, addressed envelopes for each property owner listed in (3')' PLEASESUBI"IITTt|IsF0RMANDALLSUBMITTALREQU]REMENTSTo: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPI"'IEMT, 75 SOUTI-I FRoNTAGE ROAD' vAtL, coLoRADq 81557' Action/Decision being aPPealed: Malling Address: Sep Q2 04 O9:43p Jas K. Petenson 970 -S26 - 3140 Addendurn to APP1icatio n tor Conditional Use APPeal Appeal This appeai is the result of a denial for a conditional use permit to locate a professional real estate office in Phases I and II of SDD #6. Facts Presented at the. PEC Hearinq. A. Underlyine Zone District The underlying znrre disnict for sDD #6 is Public Accommodation f"A'). B. Conditional Uses Among other conditional uses professional and business offices al'e permitied as a conditionat use in the PA zone district, zubject to the issuatt"* of a conditional use permit in accordance with the provisions of Chapter 16 of Title 12. C. DescripJion of Proposed Use The specific use is for a professional real estate office in the amount of 839 square feet. The hours of opsr;ation would be similal to other retail establishments in the area except for restaurants, which stay open later at night. No meafltres need to be taken to assume compatibility with other properties or uses in the vicinity. D. Chapter 16 1. Purpose ofconditional use. a. [n ordet to piovide the flexibility of Title 12, specified uses are permitted subject to the granting of a conditional use permil Because of their unusual or special characteristics, couditional uses i:3lffi ffi:,ilff,r ::i:l 'i"'H: T:l,xl l; Title 12 and with respect to their effect on surrounding properties. The review process is intended to assure compatibility with surrounding properties and tlre Town at large. Only where conditions cannot be devised to achieve these objectives should conditional use permits be denied- E. Factors to be considered1. Relationship and impact of the use on development obiectives of the Town. p.3 I. u. OZ 04 09:43p Jay K.P eLerson s?o-s26-3140 p.4seP I 2. J. a The PA zone district is intended to provide sites for- Iodges and residenrial accommodations for visitors' toglther with such public and semi-public facilities anl limited professional offices anong other uses that are compatible with adjacent land uses and which enhance the nature of Vail as a vacation community' Real estate sales are a significant part of Vail's economy and real estate offices provide a necessary pafl in the mixture of retail shops' restaurants,-bars and other business offtces in the Toum. b- In SDD #6, Phases I, II, UL and V there is approximately 40,000 sqwre feet of retail' ristaurant, bar and office space' Currently a real estate offtce is located in Phase III in the amount of 1,275 square feet- A travel agency was located in P'hases f and II but such space is cunently occupied by a retail shop. Our proposai is for 839 square feet.c. The PA zone district is intended to provide more of a mixed-use environment than either CCI or CCtr where offces are not allowed on the frst floor' Because real estate is part of Vail's economy and does enbance Vail as a vacation community, the PA zone district is an appropriate location for first floor real estate offices. Effect of the use on light and air, distribution of populatiorl transportation frcilities, utilities, t"!o91": parks and ,""r"-utioo facilities, and other public facilities and public frcilities needs. a- This application has not effect on the above' Effect upon traffic and particular reference to congestion" automotive and pedestrian safety and convenience, traffic flow and controi access' maneuverability and removal of snow from the streets and parking areas' a- This application has no effect on the above as the location is on a pedestrian street' The applicant is required to provide one (1) parking space because of-the change of use and will do so by purchasing at least one (1) space in the adjacent Gateway building. seP ge ,o4 I O9: 43p Jay K. Petenson F. Proposed findings Effect upon the character of thc area in which the proposed use is tb be iocated, inciuding the scale and bulk of the proposed use inrelation to surrounding uses. a. This application bas no effect on the scale and bulk of the surrounding area as the proposed use will be located in an existing sPace. b. As stated above, the PA zone district is a mixed-use tlpe of district with ofEces situated conveniently next to retail stores. c. Real estate offrces are located on other sites with PA zoning including the Austria Haus site and the Christienia site. Conditional uses were granted to allow for such use. Other factors a- In a vacation community, locals and visitors alike enjoy and use real estate offices. They have co- existed with retail shops and restaurants in CCI, CCII and the PA zone district since the beginning of Vaii. b. The only possible detriment is the possible loss of sales tan revenue fiom retail slrops- Two things mitigate this possible detriment. i. The shop is curently vacant aud produces no revenue for the Town of Vail and previous to that tlre shop was an art gallery, which produces less salcs tax revenue because many purchases are shipped out of town. Assuming, however, a normai retail slrop the sales tax revenue to the Toum would be apProximatelY $20,000- ii. Based upoD a long history of sales, the proposed real estate offrce will generale approximately $40,000 itr transfer tax revenue for the Town of Vail. s70-926 -3140 p.5 4. I i 5. Il. ) The proposed location of, the conditional use is in accordance witl the puq)oses of this title and the pulposes ofthe district in which the site is located- The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfale, or materially injurious to properties or improvements in the vicinitY. Sep O2 IO4 09: itrtp Jav K. Petenson s?0 -926 -3140 3. Tbe proposed use will comply with eaph of tlre applicable provisions of this title. Rulinq ofPBC The PEC ruled that a real estate office should not be located in a vacant space in the PA zone district conbary to all the evidence preserrted ar:d contrary to tbe frctors to be considered rmder Chapter 16 of Title 12. p.B m. { I t I { Attachment B TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development August 23,2004 A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Inn/Lot O, Block 5D, Vait Viilage Filing 1, and setting forth details in regard thereto. Applicant Nico Vail, Inc., represented by John SlevinPlanner: Bill Gibson lt. SUMMARY The applicant, Nico Vail, Inc., represented by John Slevin, is requesting a conditional use permit pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office at 100 East Meadow Drive, Units 16 and 17 (Yan Village Inn). This conditional use permit will allow the applicant to establish a real estate office within an existing Vail Village Inn tenant space. Based upon Staffs review of the criteria outlinedin Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings noted in Section Vlll of this memorandum. DESCRIPTION OF THE REQUEST Nico Vail, Inc. is requesting a conditional use permit to allow for a business office at 100 East Meadow Drive, Units 16 and 17. This conditional use permit will allow the applicantto establish a real estate office within Phase ll of the Vail Village Inn Special Development District (i.e. SDD #6). The proposed real estate office will be located within an existing 839 square foot tenant space along East Meadow Drive which was previously occupied the Steve Reaves Gallery. The applicant is not proposing any exterior changes to the tenant space at this time. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for reference. REVIEWING BOARD ROLES Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planninq and Environmental Commission: Action: The PEC is responsible for approval, approval with conditions, or denial of a conditional use permit. The PEC is responsible for evaluating a proposal fon 1 . Relationship and impaci of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 1il. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow fiom the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to sunounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed' use. 6. The environmental impact repoft concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The DRB has NO review authority on a conditional use permit, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. IV. APPLICABLE PLANNING DOCUMENTS Special Development District #6, Vail Village Inn Conditional Uses , Conditional lJse1 for Phases | { ltt, tV, tV-A and V of Special Developrnent District No. 6 shallbe sef forth in Secfion 18.22.030 of the Town of Vail Municipal Code with the addition of the following conditional uses: A. An outside popcorn vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core ll. B. No office use, except those cleady accesso4t/ to a principle use will be allowed on the Plaza level of Phases lV, lV-A and V. , Title 12,Zoning Regulations Chaoter 12-2: Definitions (in part) ( OFFICE, BUS/NESS; An office for the conduct of general busrness and seruice ) activities, such as offices of real estate or insurance agents, brokers, secretaial or ) stenographic seruices, or offices for general bus,hess activities and transactions, wherc I storage, sale, or display of merchandise on the premises occupies /ess fhan ten percent | (10%) of the floor area. Article 't2-7A: Public Accommodation District (in part) 12-74-1: PURPOSE' The pubtic accommodation district is intended to provide sites for lodges and residentiat accommodations for visrtors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent /and uses. The public accommodation distict is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge useg and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permifted uses are intended to function compatibly with the high density lodging character of the district. 1 2-7 A-3 : CO ND lT I ONAL USESi The following conditional uses sha// be permifted in the PA district subjectto issuance of a conditional use petmit in accordance with the provisions of chapter 16 of this tifle: Bed and breakfasd as further regulated by section 12-14-1 I of this title. Churches. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Hospitals, medical and dental clinics, and medical centers. Lodges, including eccessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (1 5%) of the total gross resrdential floor area of the main structure or strucfures on the site. Major arcade, so long as rt does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. P rofessio n al and busrness office s. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or privafe schoo/s. Public park and recreational facilities. P u b I ic tra n sportation te rmi n al s. Public utility and public seryice uses. Ski /rfts and tows. The ate rs a n d co n ve ntion faci I iti e s. Type lll employee housing unifs as provided in chapter 13 of this title. Chapter 12-16: Conditional Uses Permits (in oart) Section 1 2-1 6-1 : Purpose; Limitations ln order to provide the flexibility necessa4y fo achieve the objectives of this title, specified uses are permifted in ceftain dlsfnbfs subject to the granting of a conditional use permit. Eecause of their unusual or special characteristics, conditional uses regurre review so that they may be located propeily with respect to the purposes of fhis title and with respect to their effects on surrounding propefties. The review process prescnbed in this chapter is intended fo assure compatibility and harmonious development hetween conditional uses and surrounding properties in the Town at large. Uses llsted as conditional uses rn the various dlstnbfs may be permited subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental fo ofher uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Vail Village Master Plan Goals, Obieqtives, Policies. and Action Steos (in part) Goal#2 To foster a strong tourist industry and promote yeer-around economic healh and viability for the Village and for the community as a whole. Objective 2.1 Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for the development that is compatible with f/rese establ'sh ed land use patterns. Objective 2.4 Encourage the development of a vaiety of new commercial activity where compatible with the exlsfing land uses. Land Use Plan (in part) Land Use categories in the Vail Village include the following: Mixed Use: This category includes the "historic" village core and prcperties near the pedestrianized sfreefs of the Village. Lodging, retail and a limited amount of office use are found in this category. Wtthin nearly 270,000 square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major facto in the appeal of the Vail Viltage. VailVillaqe Sub-Areas (in part) Mixed Use Sub-Area (#1) The Mixed Use sub-arca is a prominent activity center for the Vail Village. lt is distinguished from the Village core by 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. V.ZONING ANALYSIS Zoning:SDD #6 (VailVillage Inn, Phases ll) Underlying Zoning: Public Accommodation Land Use Plan D-signation: Village Master Plan, Mixed Use Sub-Area l Curent Land Use: Mixed Use Development Standard Allowed/RequiredParking 3 spaces SURROUNDING LAND USES AND ZONING Existinq Proposed 2 spaces 3 spaces (1 off-site) vt. vlr. North: South: East: West: Land Use Mixed Use Mixed Use Mixed Use Mixed Use Zoninq SDD #6 Public Accommodation SDD #6 SDD #6 CRITERIAAND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed real estate office is located within Special Development District #6, with an underlying zoning of Public Accommodation (PA). Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12- 16, Vail Town Code. A. Consideration of Factors Regardino Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town- Pursuant to Special Development Disfict #6, Vail Village lnn, mnditional uses within the Vail Vllage Inn are allowed in accordance with the provisions of the Public Accommodation district. Business offices, which include real estate offices, are allowed as conditional uses within the Public Accommodation district. However, the provisions of Special Development District #6 specifically prohibit business offices on the Plaza level of Phases lV, lV-A, and V. The Nico Vail proposed real estate office is located at street level within Phase ll of the Vail Village Inn, and therefore not specifically prohibited by the Special Development District #6. There is currently another real estate office located in Phase lll of the Vail Village Inn. Additionally, there are also real estate offices located at other Public Accommodation zoned properties such as the Austria Haus, Mountain Haus, and Christiania. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses in this district may lead to an eventual departure from the purpose of the district. However, given ihe small number of real estate offices currently located within the Public Accommodation district and the unique land use mix of the Vail Village Inn, Staff does not believe this is an issue of concern at this time. 2. The provisions of Special Development District #6, the Public Accommodation district, and the Vail Village Master Plan each allow for limited amounts of office uses at the Vail Village Inn. Therefore, Staff believes the proposed real estate office is consistent with the development objectives of Special Development District *6, the Public Accommodation district, and the Vail Village Master Plan. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed real estate o{fice will have no significant negative effects on the above-mentioned criteria in comparison to the existing conditions. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed real estate office will have no significant negative effects on the above-mentioned criteria, Pursuant to the provisions of Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, the proposed real estate office will require one additional parking space compared to the previous retail use of this tenant spage. Since there is no additional parking available at the Vail Village Inn, the applicant is proposing to purchase at least one parking space at the adjacent Vail Gateway Building's parking club to improve the parking availability for their business. Pursuant to Section 12-10-6, Parking: Off Site and Joint Facilities, Vail Town Code, with Town Council approval, the purchase of this parking space may be used to meet the parking requirements of the Town Code. The Town Council is scheduled to review this request to allow one off-site parking space for the real estate office at its September 7,20O4, public hearing. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact on the above-mentioned criteria. New signage for this business will require Town of Vail design review approval, thus ensuring the compatibility of any new signage with the surrounding uses. The Planninq and Environmental Commission shall make the followinq findinos before qrantinq a conditional use permit: 1, That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 3. B. vlil. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the applicant's request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Inn)/Lot O, Block 5D, Vail Village Filing 1. Staffs recommendation is based upon the review of the criteria described in Section Vll of this memorandum and the evidence and testimonypresented. Should the Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 1. That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintrained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Commission choose to approve this conditional use permit request, the Community Development Department recommends the following condition of approval: 1. Thls approval shall be contingent upon the applicant receiving Vail Town Council approval for one off-site parking space, prior to the applicant's submittal for tenant-finish building permits andlor occupancy of the tenant space. ATTACHMENTS A. Vicinity MapB. Applicant's requestC. Public Notice tx. Attachment: A g:. eEgatE *!E;6.g 9 159 &li =t6;p;:qF 5tA{ 6d s:il It 5 E g dt I ll A,ttachment: B , II. ilI. Addendum to Application Ior. Conditional Use Application Application This is an application for a conditional use permit to locate a professional real estate office in Phases I and II of SDD #6. Underlyins Zone District The underlying zone district for SDD #6 is Public Accommodation ("PA"). Conditional Uses Among other conditional uses, professional and business offices are permitted as a conditional use in the PA zone district, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of Title 12. Description of Proposed Use The specific use is for a professional real estate office in the amount of 839 square feet. The hours of operation would be similar to other retail establishments in the area except for restaurants, which stay open later at night. No measures need to be taken to assume compatibility with other properties or uses in the vicinity. Chapter 16 A. Purpose of conditional use.l. In order to provide the flexibility of title 12, specified uses are permitted subject to the granting of a conditional use permit. Because of their unusual oi special characteristics, conditionai uses require review and evaluation so that they may be'located properly with respect to the purposes of Title 12 and with respect to their effect on surrounding properties. The review process is intended to assure compatibility with surror,rnding properties and the Town at large. Only where conditions cannot be devised to achieve these objectives should conditional use permits be denied. Factors to be considered A. Relationship and impact of tire use on development objectives of the Town.l. The PA zone district is intended to provide sites for lodgest and residential accommodations for visitors, together with such public and semi-public facilities and limited' professionai offices among other uses that are compatible with adiacent land uses and which enhance the nature of Vail ry. V. VI. B. C. as a vacation conmunity. Real estate sales are a significant part of Vail's economy and real estate offices provide a necessary part in the mixture ofretail shops, restaurants, bars and other business offlces in the Town.2. In SDD #6, Phases I, II, III, and V there is approximately 40,000 square feet of retail, restawant, bar and office space. Cunently a real estate office is located in Phase III in the amount of 1,275 square feet. A travel agency was located in Phases I and II but such space is currentiy occupied by a retail shop. Our proposal is for 839 square feet.3. The PA zone district is intended to provide more of a mixed- use environment than either CCI or CCII where offices are not allowed on the first floor. Because real estate is part of Vail's . economy and does enhance Vail as a vacation community, the PA zone district is an appropriate location for first floor real estate offices. Effect ofthe use on light and air, distribution ofpopulation, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs.l. This application has not effect on the above. Effect upon traffic and particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking areas.1. This application has no effect on the above as the location is on a pedestrian street. The applicant is required to provide one (1) parking space because ofthe change ofuse and will do so by purchasing at least one (1) space in the adjacent Gateway building. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses.1. This application has no surrounding area as the existing space.2. As stated above, the PA zone district is a mixed-use type of district with offrces situated conveniently next to retail stores.3. Real estate offices are located on other sites with PA zoning including the Austria Haus and tire Christiania Lodge. Conditional uses were eranted to allow for such use. E. Other factors1. In a vacation community, locals and visitors alike enjoy and use real estate offices. They have co-existed with retail shops and restaurants in CCI, CCII and the PA zone district since the beeinnins of Vail. D. effect on the scale and bulk of the proposed use will be located in an 2. The only possible detriment is the possible loss of sales tax. revenue from retail shops. Two things mitigate this possible ' detriment. a. The shop is currently vacant and produces no revenue for the Town of Vail and previous to that the shop was an art gallery, which produces less sales 'tax revenue because many purchases are shipped out of town. Assuming, however, a normal retail shop would occupy the space, the sales tax revenue to the Town would be approximately $20,000 per year. b. Based upon a long history of sales, the proposed real estate office will generate approximately $80,000 in transfer tax revenue for the Town of Vail per year. VII. Proposed findinss A. The proposed iocation of the conditional use is in accordance with the purposes of this title and the purposes of the dishict in which the site is located. B. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisions of this title. Attachment C ,4A^ \{\\IYI THIS ITEM MAY AFFECT YOUR PROPERry "*-,HKi'PUBLTC NOTICE lun/i.\a yilLV NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on August 23, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for a final review of a minor exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to construct an enclosure for King Ludwig's patio, located at 20 Vail Road (Sonnenalp Resort of Vail)/Lot L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto.Applicant Sonnenalp Resort of Vail, represented by Resort Design AssociatesPlanner: Elisabeth Eckel A request for a conditional use permit, pursuant to Sections 12-7H-2, Permitted a4d Conditional Uses; Basement or Garden Level, and Section 12-7H-3, Permitted and Conditional Uses: First Floor or Street Level, Vail Town Code, to allow for a conversion of existing lodge space to conference facilities and meeting rooms/Lots 4 & 7, Marriott Subdivision and Lots C and D, Morcus Subdivision, and setting forth details in regard thereto.Applicant: Vail Corporation, represented by Mauriello Planning Group, LLCPlanner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-7B.-5B, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the consolidation of two dwelling units, 126 \Mllow Bridge Road, Units 3A and 38 (Village Center Building A)/Lot K, Block 5, Vail Village Filing 1, and setting forth details in regard thereto.Applicant: James L. Vincent, represented by K. H. Webb ArchitectsPlanner: Matt Gennett ^ A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail --..6ftown Code, to allow for a business office, located at 100 East Meadow Drive, Units 1 6 and 17 K,HJ:yJllage Plaza)/Lot O, Block 5D, VailVillage Filing 1, and settins forth details in resard Applicant: Nico Vail, Inc., represented by John SlevinPlanner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the. Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in tf-re Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Published, August 6,2004, in the Vail Daily. Attachment C PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, August 23,2004 PROJECT ORIENTATION - Gommunity Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Ann Gunion David Viele Chas Bernhardt Doug Gahill George Lamb Rollie Kjesbo BillJewitt MEMBERS ABSENT Site Visits: 1. Lionshead Core Site Hotel - 675 Lionshead Place 2. Marriott Hotel -790 West Lionshead Circle 3. Verizon Wireless - 501 North Frontage Road 4. Nico Vail - 100 East Meadow Drive Driver: George Note: lf the PEC hearing extends until 6:00 p.m., the Commission may break for dinnerfrom 6:00 - 6:30 p.m. Public Hearinq - Town Gouncil Chambers 2:00 pm 1. A request for a conditional use permit, pursuant to Section 12-7B'-5B, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the elimination of an existing dwelling unit, 126 Wllow Bridge Road, Units 3A and 38 (Village Center Building A)/Lot K, Block 5, VailVillage Filing 1, and setting forth details in regard thereto. Applicant James L. Vincent, represented by K. H. Webb Architests Planner: Matt Gennett ACTION: Approved MOTION: Bernhardt SECOND: Lamb VOTE: 6-0 (Kjesbo recused) Matt Gennett gave a presentation per the staff memorandum. Bill Jewitt echoed staffs concern with the loss of units.within the Town of Vail. Doug Cahill agrees with Bill Jewitt but he feels the combination will more in keeping with the Town of Vail's development objectives, including parking capacity, as stated in the staff memorandum. 2. A request for a conditional use permit, pursuant to Sections 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and Section 12-7H-3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a conversion of existing lodge space to conference facilities and meeting rooms/Lots 4 & 7, Marriott Subdivision and Lots C and D, Morcus Subdivision, and setting forth details in regard thereto. Applicant Vail Corporation, represented by Mauriello Planning Group, LLC Planner: WarrenCamobell ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE:7-0-0 4. Wanen Campbell gave a presentation per the staff memorandum. Dominic Mauriello gave a brief presentation on behalf of the applicant. Bill Jewift stated he is glad the tent will be gone. George Lamb agreed with BillJewitt. A request for a conditional use permit, pursuant to section 12-6H-3, conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums/Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to.Applicant Verizon Wireless, represented by Kelley Harison, Closser ConsultingPlanner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Lamb VOTE:7-0-0 CONDITIONS: 1) The applicantshall use only non-combustible materials in the construction of the screen wall and ladder enclosure. Revised plans for review by the Design Review Board shatl be submifted no later than September 31, 2004. Bill Gibson made a presentation per the staff memorandum. The Commission inquired of the applicant as to the future expansion needs of cellular equipment. Mr. Klosser, the applicant, stated that he could not speak to future needs, bul this application would allow for the addition of greater caprying capacity for Verizon. A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 1 6 and 17 (Vail Village Plaza/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant Nico Vail, Inc., represented by John Slevin Planner: Bill Gibson AGTION: MOTION: ,;,.*::lt **d Denied (motion to approve failed due to tie vote)Viele SECOND: Gunion VOTE: 3-3-1 (Lamb abstained) Bill Gibson gave a presentation per the staff memorandum. Jay Peterson gave a presentiation on behalf of the applicant. He noted that the Public Accommodation zone district purpose statement anticipated real estate sales offices and that these uses are an essential part of Vail's economy. Kaye Ferry, representing the Vail Business Chamber, spoke to the fact that a real estate office off ' of a first floor/pedesirian level space is not the direction this Town should take as firct floor offices have been a detriment in other resort communities and this would be a detrimental precedent to set. Jim Lamont referred to a study which was done in Aspen regarding the impacts of unrestricted real estates offices in a community. He asked Russ Fonest to provide a copy of this study to the Planning and Environmental Commission. Jim Lamont suggested placing a condition on the application which would allow the office until the development objects had occurred. Once redevelopment had occurred this would become a major retail area along East Meadow Drive. Several Commissioners expressed the appropriateness of the use at this time and the need to fill vacant store fronts. However, some Commissioners expressed concerns that long term this may a 5. not be appropriate given the retail nature of the Sonneanalp redevelopment along Meadow Drive . Bill Jewitt and Rollie Kjesbo stated that they opposed the application as it does not meet the development objectives of the Town. George Lamb expressed concerns over the "tying" of the one necessary parking space to the tenant space in question. John Slevin, the applicant, stated that real estate sales are a form of retail sale and noted that this is only an 850 square feet tenant space. He stated that a condition allowing the use for 10 years may be acceptable, but a limit of 5 years will not be a financially viable option. A request for a final review of a major exterior alteration or modification, pursuant to Section 12-7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Place (a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant Vail Corporation Planner: George Ruther ACTION: Tabled to September 13, 2004MOTION: SEGOND: VOTE: CONDITIONS: George Ruther gave a presentation per the staff memorandum dated August 23,2Q04. lihe Commission then reviewed a 3-D model presentation of the proposed development process. A request for a final review of a major amendment to a special development district (SDD), pu.rsuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an arhep$ment.tp lDD fi, Vail Village lnn, to allow. for^the conversion of existing common area toameo$menup Suu #tt, varl vlllage Inn, to allow for the conversron ol existing common are{ new grciSa'r-esiUential floor area (GRFA), located at 68 East Meadow Drive/Lot O, Block 5D, Vait Viltagelpng.! #d spfting iorth Oetaits in regard thereto. Applicant Carlosf;nps Plannen Matt Gennitt " AGTION: Tabled to September 13,20O4 A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type lll Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, and a request for a conditional use permit, pursuant to Chapter 12€H-3, Public or Commercial Parking Facilities or Structures, Vail Town Code, to allow for the sale of 30 parking spaces, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant Manor Vail, represented by Zehren and AssociatesPlannen Wanen Campbell ACTfON: Tabled to September 13,2004 A request for a final review of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the locations of the existing building envelopes; and a final review of a variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for construction on slopes of 40% or greater, located at 1390 Buffehr Creek Road/Lots A, B, C, and D, Residences at Briar Patch, and setting forth details in regard thereto. Applicant: Residences of Briar Patch Homeowner Association, represented by Zehren and Associates o. 7. 8. Planner: Bill Gibson ACTION: Tabled to September 13,2004 . 9. A request for a final review of a minor exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code, to construct an enclosure for King Ludwig's patio, located at 20 Vail Road (Sonnenalp Resort of Vail/Lot L, Block 5-E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Resort of Vail, represented by Resort Design Associates Planner: Elisabeth Eckel ACTION: Withdrawn 10. Approval of Minutes 11. Information Update Chamonix Master Planning Process Suzanne Silverthorn The applications and information about the proposals are avaibble 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. 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 lmpaired, for information. Community Development Department Pubf ished August 18,2004 in the Vail Daily, Attachment D THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, September 21, 2004, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (VailVillage PlazalLot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.Appellant Nico Vail, Inc., represented by John Slevin and Jay PetersonPlanner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for ' additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. a:t Prudemial Gore Bange Properties, Inc. 511 Lionshead Mall Vail, C0 81657 Bus 970 476.2482 Fax 970 476-6499 vwvw PrudentialGoreBan ge.com September 21,2004 Town of Vail Vail Town Council Members Ladies and Gentlemen, As you are all aware, we a appealing the Town of Vail Planning Commission's decision of our request for a conditional use permit for a real estate office in the Vail Village Inn Plaza. On August 27 ,2004, a motion for approval of the use failed to pass on a 3 to 3 vote. I would like to give you a little background on our request. Prudential Gore Range Properties has been in business in the Town of Vail since 1971. We moved to our cunent location in LionsHead in 1972. In addition to our LionsHead sales office, we have a rental and property management office in West Vail and five additional sales offices in Beaver Creek, Edwards, Eagle and Gypsum. We currently employ over 100 people in our sales and property management offices Eagle County and feel we make a substantial contribution to the local and tourist economy. It has always been a goal of ours to have a sales office in Vail Village. While searching for a space, we have respected the Town's rules disallowing ground floor real estate offices in Commercial Core 1 and Commercial Core 2. Recently, with the planning of substantial new developments in Vail Village and LionsHead, we renewed our interest in locating an office in Vail Village. Aware of the Town zoning, we began a search for a location that would comply within the parameters the Town has implemented. While searching for a location that made sense for us, we iooked for both 2no floor space in Commercial Core I and ground floor locations outside of Commercial Core l. In N{ay of this year we located the empty space in the Vail Village h:r;rPlaza complex. While on the small size, we felt it would make a good location for a real estate office to serve both the tourists and locals in Vail and the Village specifically. Fitting within the guidelines outlined by the fown, we are therefore requesting a conditional use approval for our office. We make this request based on the understanding that what we are proposing is allowed by the Town and is in compliance with every current zoning regulation. The recommendation of approval by the Town's staff confirms what we have been researching for some time, that the space lies outside of Commercial Core 1 and there are no zoning or regulation issues that prevent us from opening a sales center in the Vail Villaee Inn. @ fruOential 6An Independenlly owned ard 0p€raed member ofThe PrudenttalHea Estate Aff liirtes.lnc Recently, ground floor'real estate space has been allowed outside of commercial core I and we ask that you consider our space with the same objective reasoning as your consideration ofothers in the recent past. While we realize there is a fear of real estate offices taking over the ground floor retail spaces in Commercial Core l, we feel that fear if without merit. Please consider lhe following: t.You have addressed the issue in the past and protected Commercial Core I and 2 ground floor space with your zoning restrictions. The only retail spaces outside of Commercial Core I arrd2 appears to be The Sonnenalp Hotel and Club properties, Village Center, Crossroads and the Vail Village Inn. While there is a precedent set for the approval of real estate offices on the ground floor in these locations, I do not believe there has been a flood of requests for new ofhces. the history of ground floor real estate offices in Vail Village and LionsHead is as follows: currently, there are only 3 ground floor offices located in commercial core I and 2. Slifer Smith and Frampton has two offices and Brandess Cadmus has one. All three offices have been in existence for over 25 years. During this 25 year period, 3 other real estate offices on the ground floor in Commercial Core I and 2 have acfually closed their doors and converted to retail. Byron Brown Real Estate at the corner of Bridge Street and Gore Creek Drive, Timberline Real Estate in Montaneros and Vail Associates Real Estate in the Gondola Building in LionsHead. 4. In addition I believe that over the past 25 years one additional office in Crossroads, Jo Ellen Nash and Company, closed and moved to Edwards and Sonnenalp added an office in the Austria Haus Building. The history of ground floor real estate offices in Vail Village and LionsHead reads as follows: Previously 8 real estate offices on the ground floor, currently only 4. We are aware of the struggles some retailers have had in Vail Village. Many have closed and relocated, added locations down valley, or unfortunately gone out ofbusiness. At a minimum there are currently no less that 5 empty store-fronts in Commercial Core 1 and 2 and one liquidating their inventory and fixtures. Real Estate offices are not the cause ofthese businesses closing or relocating to other areas in the Valley. Real Estate does not contribute to this problem. If anything, real estate and real estate offices in the Village bring people to the storefronts. There is an inherent curiosity about real estate in resort towns and an inviting storefront filted with great ambassadors for Vail and the Village can certainly bring a positive experience to those choosing to spcnd their time in the Village. 2. J. Buyers or sellers coming to do real estate business, brokers and managers all become part of the Village experience. This means there are more people in the Village and more people certainly means a greater chance ofdollars spent in the area. Each ofthese groups brings with them buying power to support retailers and restaurants. In addition to the goodwill our brokers will bring, real estate is becoming more important in the economic health of the Town. The real estate transfer tax is now directly responsible for a large percentage ofthe Town's budget. Dollars generated by the tax ensure park and recreation maintenance, beautification of the Town, etc., which is why Vail continues to see repeat visitors spending money and investing in the place they love. Finally, the Town outlined what was allowed and what was not allowed on the ground floor in Commercial Core I and 2. We are honoring those zoning decisions and requesting something that is currently allowed by the Town. For years we have brought good will, patronage and support to the Town and are asking for you, the Town, to support us in an endeavor which is supported by your Staff, good for the Town and allowed under zoning regulations. 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