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Home My WebLink AboutPEC080016 withdrawn~ ... '~annng and ~nvironmenta ~+~mm~sson 14C1"It~H Fi3R ~,,,,,,,,-`~~,,,`,;,,~.!' ~ Department ut Community C~velopment ~~" ~~ ~~ ~ 75 5bu~kh ~~'t3fttc~~@ I~C?~t}, Vail, Ct-I0Cs~di7 $1557 t$#:970.479.2139 faX97td.479>2452 ~A~kt~i-as'vt.*.lt'~£t~l' W817: v~t~"~V.YaIgtrv.Cat Project Name: OSAKIS MAJOR AMEND TO SDD PEC Number: PEC080016 Project Description: Participants: FINAL APPROVAL FOR A MAJOR AMENDMENT TO AN SDD FOR THE OSAKI'S ADDITION AND RENOVATION OWNER OSAKIS LLC 03/17/2008 C/0 WATSON & CO INC 10670 E BETHANY DR BLDG 4 AURORA CO 80014 APPLICANT K.H. WEBB ARCHITECTS PC 710 WEST LIONSHEAD CIR, UNIT A VAIL CO 81657 License: 0000001627 ARCHITECT K.H. WEBB ARCHITECTS PC 710 WEST LIONSHEAD CIR, UNIT A VAIL CO 81657 License: 0000001627 03/17/2008 Phone:970-477-2990 03/17/2008 Phone:970-477-2990 Project Address: 100 E MEADOW DR VAIL Location: OSAKIS Legal Description: Lot: Block: Subdivision: VAIL VILLAGE PLAZA CONDO Parcel Number: 2101-082-5601-4 Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Conditions: Planner: Bill Gibson PEC Fee Paid: $6,000.00 Page 1 of 2 Bill Gibson - RE: Osaki's From: "Kyle Webb" To: "Bill Gibson" , "Michael Current" Date: 06/23/2008 10:56 AM Subject: RE:Osaki's CC: "Jr. Arthur A. Abplanalp" , ~ ~ ~ Per the Osaki's... they will not be proceeding with the SDD Amendment at this time. Thanks! Kyle k . h . web b a r c h i t e c t s. p c 710 west lionshead circle suite a vail . Colorado 81657 970.477.2990 (p) www.khwebb.com (w) From: Bill Gibson [mailto:BGibson@vailgov.com] Sent: Thursday, June 19, 2008 4:53 PM To: Kyle Webb; Michael Current Cc: Jr. Arthur A. Abplanalp Subject: Osaki's Hey Kyle and Michael, What is the status on the Osaki's SDD amendment request? If we are still going to Council for a first reading of an ordinance on July 1st, I need to know by Noon on Monday, June 23rd. Thanks, Bill file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\485F81... 06/23/2008 Special Development District (SDD) Application for ~teview by the ~_ - ~° Planning and environmental Commission l* "~ ~~' Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax: 970.479.2452 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 Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ..~_. ((~~ ~~ito/naC~U's P it ~ `~r~ ~ $650 ^ Rezoning ^ Major Subdivision $130 $150 D~ ^ or Floodplain Mod ~ is ,ion $400 ^ Minor Subdivision $650 ~ ^ ! Minor Exterior A{t~~;ation Alte{-~tion E i $650 $800 ^ Exemption Plat ^ Minor Amendment to an SDD $650 $100 i j ^ ~; ^ xter or Major Development Plan '_, $1500 ^ New Special Development District $600 _~ .,.,~ A ~ , Amendment to a Development Plan $250 Major Amendment to an SDD ~ $6004 _ . ^ Zoning Code Amendment $1300 , ^ Major Amendment to an SDD $1250 ^ Variance $500 $200 (no exterior modifications) ^ Sign Variance t ~~17~"r I °~ ~ ~'° `}~~~ ~ DS~~f ~~~~~ : Description of the Reques C_~~Sc,~-~ ~~ ~~ ( S~-E VJ~I ~ bcS~~rie , Location of the Proposal: Lot: Block: Subdivision: ~$I> ~~ Physical Address: lg~ 'G~~ ~~ ~• . ~o! y'~'~' ~ La Parcel No.: 2'~ Ol o~Z 56 D ~ ~ (Contact Eagle Co. Assessor at 970-3Z8-8640 for parcel no.) Zoning: c5~p~ ~ ~, Name(s) of Owner(s): '~~~~~' ~ ~~~ ~~~' Mailing Address: ~D ~9X ~~ `~~ J~C' ~ G° ~16`~ ne~ t ~~~ ~' 7 Owner(s) Signatures Name of Applicant: ~ l,/~~~ f~-~~-rc-~S Mailing Address: ~o l~ t~l~~~~ C't'~"' ~~ ~` Phone: ~,-"~• 2`~9. o E-mail Address: PM~+ ~ ~ ~ Fax `~"~` 2 l~ s For Office//U~se,~nly: 5 ~ c~ ~ ~ - `5 ~ ~ C- Fee Paid: (9 Check No.:~_ BY~ ~~ Meeting Date: / - 6 PEC No ' i !-- ( tl Planner: Project No.: ~ ~._, _ -~ P af3 d 1 F:\cdev\FORMS\Permits\Planning\PEC\SDD.doc Page 1 of 7 1!4/06 TOWN OF VAIL, COLORADO Statement Statement Number: 8080000287 Amount: $6,000.00 03/17/200802:04 PM Payment Method: Check Init: JS Notation: 5709/OSAKI'S LLC ----------------------------------------------------------------------------- Permit No: PEC080016 Type: PEC -Major SDD Amendment Parcel No: 2101-082-5601-4 Site Address: 100 E MEADOW DR VAIL Location: OSAKIS Total Fees: $6,000.00 This Payment: $6,000.00 Total ALL Pmts: $6,000.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 6,000.00 .. FILE COPY MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 3, 2008 SUBJECT: A request for first reading of Ordinance No. 9, Series of 2008, an ordinance amending Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080016) Applicant: Takeshi and Kazue Osaki, represented by KH Webb Architects Planner: Bill Gibson DESCRIPTION OF THE REQUEST First reading of Ordinance No. 9, Series of 2008, an ordinance amending Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. II. BACKGROUND On April 28, 2008, the Planning and Environmental Commission voted 4-0-2 (Kjesbo and Viele recused) to forward a recommendation of approval, with conditions, for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. On May 20, 2008, the Town Council tabled this item to it June 3, 2008, hearing at the applicants' request. The applicants are requesting that the Town Council tables the first reading of Ordinance No. 9, Series of 2008, to its July 1, 2008, public hearing to allow the applicants additional time to resolve issues related to the condominium association's approval of this request. III. STAFF RECOMMENDATION Staff recommends the Town Council tables the first reading of Ordinance No. 9, Series of 2008, to its July 1, 2008, public hearing. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 28, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080016) Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects Planner: Bill Gibson I. SUMMARY The Applicants, Takeshi and Kazue Osaki, represented by K.H. Webb Architects, has requested a final recommendation from the Planning and Environmental Commission to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for the applicant's variance request, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The Applicants, Takeshi and Kazue Osaki, represented by KH Webb Architects are proposing to expand the existing Osaki's Restaurant located in the Vail Village Inn Plaza at 100 East Meadow Drive. The expansion will occur above and adjacent to the existing restaurant. The proposed expansion will extend the existing restaurant to the north by 13'-8" and will create 359 sq. ft. of new restaurant floor area, including a new 43 sq.ft. entry vestibule, on the main level. The proposed expansion will also create an additional 120 sq.ft. of seating area plus two mechanical/storage areas, and a coat room on the new upper floor level above the existing restaurant space. Since this proposal expands the existing building footprint by more than five (5) feet, Section 12-9A-2, Vail Town Code, defines this application as a "Major Exterior Alteration" subject to Planning and Environmental Commission review. This proposal is subject to the Commercial Linkage requirements of Chapter 12- 23, Vail Town Code. Based upon these regulations, the Applicants must mitigate for 0.427 net new employees. The Applicants are proposing to place an Employee Housing deed restriction on an existing two-bedroom, 924 sq. ft. unit at 2958 South Frontage Road, Unit 5D (Interlocken Condominiums) to not only meet, but to exceed, this requirement as a public benefit to off-set the impacts of their proposed development. Deed restricting the Applicants' Interlocken unit would mitigate the equivalent of 2.25 employees; which is 1.823 employees (429%) more than is required by Chapter 12-23, Commercial Linkage, Vail Town Code. The existing restaurant has 162 sq. ft. of customer seating area. The proposed additions will increase the total seating area to 458 sq. ft. This expansion increases the restaurants parking requirement from 0.65 parking spaces to 1.83 spaces. The Applicants are not proposing to construct any additional parking spaces to address this increased parking requirement, since there are no locations available to physically construct new parking spaces at the Vail Village Inn. The Applicants are not proposing to otherwise acquire any additional parking spaces to address this increased parking requirement. The Applicants approached the adjacent Gateway Building about purchasing a parking space from their parking club; however, there are no parking spaces available for sale at this time. There are no existing parking spaces at the Vail Village Inn specifically reserved for the existing Osaki's Restaurant. Therefore, the Applicants are proposing to purchase an existing parking space within the Vail Village Inn parking garage and permanently tie the deed of that space to the deed of the restaurant as part of this Major SDD Amendment request. The Applicants are proposing to construct a loading and delivery service ramp to create access between the Vail Plaza Hotel loading dock and the delivery tunnel located below the proposed restaurant expansion. This ramp is not necessary for the loading and delivery to the Osaki's Restaurant. Instead, the ramp will directly benefit other owners and tenants of the Vail Village Inn Special Development District. The ramp will also benefit the general public by creating an opportunity for delivery trucks to access the entire Vail Village Inn from the Vail Plaza Hotel loading dock, rather than using both the dock and street parking along East Meadow Drive. The Applicants are also proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. III. BACKGROUND The subject site was part of the original Town of Vail created in August of 1966. The subject site is part of Phase II of the Vail Village Inn Special Development District (SDD) which was established by Ordinance No. 7, Series of 1976. The 2 2 various phases of the district have been amended numerous times since their inception. These amendments affect projects ranging in scope from minor remodels to construction of the new Vail Plaza Hotel. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission (PEC), Design Review Board (DRB), Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. 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. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance with the criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoning Code Article 12-9A: Special Development (SDD) District (in part) 72-9A-7: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in fhe development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with fhe town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development districf, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEVI~: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, Town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 4 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 8. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of Phis section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vai! comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances ifs natural environment and its established character as a resort and residential community of the highest quality. 12-9A-10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made fo owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of a!I property within the special development district that maybe affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in Subsection 12-3-6C of this title. VI. ZONING ANALYSIS Legal Description: Part of Lot O, Block 5D, Vail Village Filing ' Parcel No. 210108256014 Address: 100 East Meadow Drive Zoning: Special Development District No. 6 (Public Accommodation underlying district) 1 f VII. VIII. Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Development Standard Setbacks: North: South: East: West: Building Height: Parking: Site Coverage: Landscape Area Allowed/Required Existing Per Dev. Plan'' 16 ft. Per Dev. Plan" Per Dev. Plan Per Dev. Plan'` Per Dev. Plan Per Dev. Plan* Per Dev. Plan Per Dev. Plan* 26 ft. 1.83 spaces (458 sq. ft.) (seating area) 0.65 spaces (162 sq. ft.) (seating area) Per Dev. Plan* Per Dev. Plan Per Dev. Plan* Per Dev. Plan 0.427 employees n/a Proposed 2 ft. No Change No Change No Change 24 ft. No Change +193 sq. ft. No Change 2.25 employees Commercial Linkage "The building bulk control standards are allowed as shown on the 1976 approved development plans and a 1976 building volumetric study (i.e. the existing conditions are the "allowable" development standards). SURROUNDING LAND USES Land Use North: Mixed Use South: Mixed Use East: Mixed Use West: Mixed Use REVIEW CRITERIA Zoning SDD No. 6 Public Accommodation District SDD No. 6 SDD No. 6 Pursuant to Section 12-9A-8, Vail Town Code, the following design criteria shall be used as the principle criteria in evaluating the merits of the proposed amendments: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff believes the proposed restaurant addition is architecturally consistent with the existing Phase II building. The proposed addition is fundamentally an extension of an existing building and roof form, with the proposed exterior materials and colors to match the existing building. 6 Additionally, Staff believes the proposed addition is also compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The Applicants are also proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. 2. Relationships: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the proposed expansion will continue the existing compatible, efficient and workable relationship of the restaurant with the surrounding uses and activities. The Applicants are proposing to construct a loading and delivery service ramp to create access between the Vail Plaza Hotel loading dock and the delivery tunnel located below the proposed restaurant expansion. This ramp is not necessary for the loading and delivery to the Osaki restaurant. Instead, the ramp will directly benefit other owners and tenants of the Vail Village Inn Special Development District. The ramp will also benefit the general public by creating an opportunity for delivery trucks to access the entire Vail Village Inn from the Vail Plaza Hotel loading dock, rather than using both the dock and street parking along East Meadow Drive. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The existing restaurant has 162 sq. ft. of customer seating area. The proposed additions will increase the total seating area to 458 sq. ft. This expansion increases the restaurants parking requirement from 0.65 parking spaces to 1.83 spaces. The Applicants are not proposing to construct any additional parking spaces to address this increased parking requirement, since there are no locations available to physically construct new parking spaces at the Vail Village Inn. The Applicants are not proposing to otherwise acquire any additional parking spaces to address this increased parking requirement. The Applicants approached the adjacent Gateway Building about purchasing a parking space from their parking club; however, there are no parking spaces available for sale at this time. There are no existing parking spaces at the Vail Village Inn specifically reserved for the existing Osaki's Restaurant. Therefore, the Applicants are proposing to purchase an existing parking space within the Vail Village Inn parking garage and permanently tie the deed of that space to the deed of the restaurant as part of this Major SDD Amendment request. The Applicants are proposing to off-set the impacts of this proposed parking deviation by providing a public benefit of employee housing in excess of their Commercial Linkage mitigation requirements. The Applicants are proposing to place an Employee Housing deed restriction on an existing two-bedroom, 924 sq. ft. unit at 2958 South Frontage Road, Unit 5D (Interlocken 7 Condominiums) to not only meet, but to exceed, this requirement as a public benefit to off-set the impacts of their proposed development. The Interlocken unit is located within close proximity to a Town of Vail bus stop. Deed restricting the Applicants' Interlocken unit would mitigate the equivalent of 2.25 employees; which is 1.823 employees (429%) more than the 0.427 employees required by Chapter 12-23, Commercial Linkage, Vail Town Code. The Applicants are proposing to off-set the impacts of this proposed parking deviation by constructing a loading and delivery service ramp to create access between the Vail Plaza Hotel loading dock and the delivery tunnel located below the proposed restaurant expansion. This ramp is not necessary for the loading and delivery to the Osaki restaurant. Instead, the ramp will directly benefit other owners and tenants of the Vail Village Inn Special Development District. The ramp will also benefit the general public by creating an opportunity for delivery trucks to access the entire Vail Village Inn from the Vail Plaza Hotel loading dock, rather than using both the dock and street parking along East Meadow Drive. The Applicants are also proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. 4. Comprehensive Plan: Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Staff believes the proposed restaurant expansion conforms to the applicable elements of the Vail Comprehensive Plan, Town policies, and the Urban Design Plan. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Vail Village Inn Plaza site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff does not believe this proposal will have any negative affect on the natural features, vegetation, or overall aesthetic quality of the community in comparison to existing conditions. The Applicants are proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The existing restaurant has 162 sq. ft. of customer seating area. The proposed additions will increase the total seating area to 458 sq. ft. This expansion increases the restaurants parking requirement from 0.65 parking spaces to 1.83 spaces. The Applicants are not proposing to construct any additional parking spaces to address this increased parking requirement, since there are no locations available to physically construct new parking spaces at the Vail Village Inn. The Applicants are not proposing to otherwise acquire any additional parking spaces to address this increased parking requirement. The Applicants approached the adjacent Gateway Building about purchasing a parking space from their parking club; however, there are no parking spaces available for sale at this time. There are no existing parking spaces at the Vail Village Inn specifically reserved for the existing Osaki's Restaurant. Therefore, the Applicants are proposing to purchase an existing parking space within the Vail Village Inn parking garage and permanently tie the deed of that space to the deed of the restaurant as part of this Major SDD Amendment request. The Applicants are proposing to off-set the impacts of this proposed parking deviation by constructing a loading and delivery service ramp to create access between the Vail Plaza Hotel loading dock and the delivery tunnel located below the proposed restaurant expansion. This ramp is not necessary for the loading and delivery to the Osaki restaurant. Instead, the ramp will directly benefit other owners and tenants of the Vail Village Inn Special Development District. The ramp will also benefit the general public by creating an opportunity for delivery trucks to access the entire Vail Village Inn from the Vail Plaza Hotel loading dock, rather than using both the dock and street parking along East Meadow Drive. The Applicants are also proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff does not believe this proposal will affect any natural features, recreation, views or functions in comparison to existing conditions. The Applicants are also proposing to "clean-up" the rear to the Vail Village Inn building in which their unit is located with landscape plantings, screening of existing utility meters, and re-finishing the existing tunnel retaining walls. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 9 Staff is not aware of any intention on the Applicants' behalf to phase this project; however, should a phasing plan be proposed, this criterion must and wilt be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for the proposed amendment to Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation to the Vail Town Council for approval, with conditions, of the Applicant's request for final review of a proposed major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department recommends the following conditions: "The Applicants must obtain final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. The Applicants shall provide the legally executed and duly recorded deed restriction with the Eagle County Clerk & Recorder's Office for the off-site employee housing unit prior to the issuance of a temporary certificate of occupancy for the construction associated with this amendment. 10 3. The Applicants shall make the off-site employee housing unit ready for occupancy prior to the issuance of a Temporary certificate of occupancy for the construction associated with this amendment, in accordance with Section 12-23-10, Timing, Vail Town Code. 4. The Applicants shall make the loading and delivery ramp ready for use prior to the issuance of a temporary certificate of occupancy for the construction associated with this amendment." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section Vlll of the Staff's April 28, 2008, memorandum fo the Planning and Environmental Commission and the evidence and testimony presented; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staff's April 28, 2008, memorandum to the Planning and Environmental Commission and the evidence and testimony presented; and 3. That the amendment does promote the healfh, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its nafural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vlll of the Staffs April 28, 2008, memorandum fo the Planning and Environmental Commission and the evidence and testimony presented." X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. Photographs E. Public Notice Attachment A 12 Attachment B February 26, 2008 Osaki's Restaurant Renovation Vail Village Plaza Condominiums, Unit 14 100 E. Meadow Dr. Yail, Colorado 81651 DESCRIPTION OF PROPOSED USE: The intention of the design for the renovation and expansion of the Osaki's restaurant is threefold. first and foremost is the improvement and expansion of the existing interior dining environment. This will be achieved by updating the interior finishes, furnishings, and remodeling the layout of the interior dining areas. This includes the secondary intent of the renovation of adding dining space by expanding over sub-grade space to the North. New dining areas will be located in both the expansion area and the area directly above the existing restaurant. The final intention of the renovation is to update the exterior of the building, keeping with the improvements that are currently underway on adjacent properties and giving a quiet identity for Osaki's. ESSENTIAL DATA: Street Frontage: N/A Front Setback: N/A Side Setbacks: N/A Rear Setback: N/A Height: Currently 26' Proposed 24' for addition. Interpolated from survey. Site Coverage: Proposed 150sq. ft. expansion within SDD Proposed ~"d floor footprint expansion: 316 sq. ft. Landscaping: No net change Parking: Osalci's have committed to purchasing and attaching the deed to one parking space within SDD#6 with approval of this application. Employee Housing: The Osaki's currently have one unit in West Vail that is utilized for Employee Housing. They will commit to converting it to Deed Restricted Employee Housing with approval of this application. 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Y ,', ', i' ,7 ,T I ~, ~ ~ ~~ ~ +, - x+ ~ ~ D ,~ ~~r ~ ~ ~1 ~ ~ ~. ~ t a '^'AA ': ~. .. ~ k~.". vy4 X54"~C ` ~~4 ~~F ~~s Z~ ~ ~~^ t~~ , _ ~ __ . u_ ,; . .. _,. ~, ~'aw~v a~ yArL ~~ Attachment E THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 14, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080016) Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects Planner: Bill Gibson A request for a final review of a variance from Section 12-6D-10, Landscaping And Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a decrease in the required minimum landscaping area, located at 1715 Geneva Drive/Parcel 3 of Lot 7, Matterhorn Village, and setting forth details in regard thereto. (PEC080017) Applicant: Dave Hilb, represented by John Martin Architect Planner: Bill Gibson A request for a final recommendation to the Vail Town Council of a proposed amendment to the Vail. Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and Amendments, Vail Village Master Plan, to amend Sub-Area 4, Transportation Center, to facilitate the redevelopment of the site with employee housing, commercial, and office uses, located at 241 South Frontage Road East/Tracts B and C, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080015) Applicant: Town of Vail Planner: George Ruther A request for final review of an amendment to an approved major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Section12-23-8, Commercial Linkage, Section 12-24-8, Inclusionary Zoning, Vail Town Code, to allow for a change in the approved housing mitigation plan, located at 701 and 705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080014) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Staff/Planner: Nina Timm/Warren Campbell 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 ofientation and the site visits that atl¢~ 0~ ~~ Special De~relopment District (SDD) Submittal Requirements ___~ GENERAL INFORMATION This application is required for any proposal involving the establishment of a new special development district or an amendment to an existing special development district. The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. Major Amendment (I?EC and/or Town Council review): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development Districts. Minor Amendment (Staff review): Modifications to building, plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria for special development districts. Minor amendments may include, but not be limited to, variations of not more than five feet to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development District; or changes to gross floor area (excluding residential uses), of not more than five percent (5%) of the approved square footage of retail, office, common areas and other non- residential floor area. I. SUBMITTAL REQUIREMENTS ^ Fee: 6000.QD-New-SDD X6000.00 -_Maior Amendment to an SD $1250.00 -Major Amendment to an SDD with no exterior modifications $1000.00 -Minor Amendment to an SDD Stamped, addressed envelopes and a list of the property owners adjacent to the subject property, including properties behind and across streets. The list of property owners shall include the owners' name(s), corresponding mailing address, and the physical address and legal description of the property owned by each. The applicant is responsible for correct names and mailing addresses. This information is available from the Eagle County Assessor's office. ~ Title Report, including Schedules A & B Written approval from a condominium association, landlord, and joint owner, if applicable. A written statement addressing the following: a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. F:lcdev\FORMS\Permits\Planning\PEC\SDD.doc Page 3 of 7 1/4/06 ~p t T c ~~ 5~~~ ~ ~ S f'fE C o~.~~r~. ~' ~ ~(.~S A complete zoning analysis of existing and proposed development to include a square footage breakdown of all proposed uses, parking provided, and proposed densities. Stamped Topographic Survey (Four complete sets of plans). ~~~~ Existing and Proposed Site and Grading Plans (Four complete sets of plans). A Vicinity Plan at a scale not less than 1"=50' to adequately show the project location in relationship to the surrounding area (Four complete sets of plans). f,,y/p~ ~ A Landscape Plan (Four complete sets of plans). ` ~ A Roof Height Plan (Four complete sets of plans). D~ Existing and Proposed Architectural Elevations (Four complete sets of plans). Existing and Proposed Architectural Floor Plans (Four complete sets of plans). `,~ Sun/shade analysis of the existing and proposed building for the spring/fall equinox and winter solstice at 10:00 am and 2:00 pm (as determined by the Administrator). All plans must also be submitted in 8.5" x li" reduced format. These are required for the Planning and Environmental Commission members' information packets. An Architectural or massing model depicting the proposed development in relationship to development on adjacent parcels. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted public view corridors. ^ Parking needs as essment and vehicular circulation analysis prepared by a qualified professional. W e~~ C ~ n~~~~mn~ RPnr.~+ ~~ ~~~~ P empt according to Section 12-12-3 of the Town Code) ^ Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal II. DETAILED SUBMITTAL REQUIREMENTS Topographic survey: ^ Wet stamp and signature of a licensed surveyor ^ Date of survey ^ North arrow and graphic bar scale ^ Scale of 1"=10' or 1"=20') ^ Legal description and physical address ^ Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40%, and floodplain) ^ Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the survey ^ Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner. ^ Show right of way and property lines; including bearings, distances and curve information. ^ Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions. ^ Spot Elevations at the edge of asphalt, along the street frontage of the property at twenty-five foot intervals (25'), and a minimum of one spot elevations on either side of the lot. ^ Topographic conditions at two foot contour intervals F:\cdev\FORMS\PermitslPlanning\PEC\SDD.doc Page 4 of 7 1/4106 ~~~ 4 `- 2.25.08 Osaki's LLC, Renovation Vail Village Plaza Condos Unit 14 100 E. Meadow Drive ADJACENT PROPERTY OWNERS NAMES 8r ADDRESSES: Right of War Town of Vail Department of Public Works 75 South frontage Rd. Vail, CO 81651 Ifillage Inn Condominiums: SDD#6 Steve Stafford Slifer Management Company, Inc. P.O. Box 2264 Edwards, CO 81632 Yail ~Ilage Plaza Condominiums Phase I & II: SDD#6 Steve Stafford Slifer Management Company, Inc. P.O. Box 2264 Edwards, CO 81632 Yail Plaza Development LLC SDD#6 Connie Dorsey Vail Plaza Hotel Resort and Club I6 Yail Rd. Vail, Co 81657 Sonnenalp Properties INC LOT I, Sonnenalp Subdivision BLK:S-E Sonnenalp Properties 20 Vail Road Vail, Co 81651 Yail Dover Associates LLC LOT 2, Sonnenalp Subdivision BLK: 5-E Vail Dover Associates LLC 4148 N. Arcadia Drive Phoenix, Al 85018 TIO 6VEST LIONSNEAD CIRCLE - UNIT A YAII COLORADO 61651 910.411.2990 9i0.417.2965(F) www.khwebb.com ~ifRRER OF rHF AYERIfAR FNfllTU1E Of QRCNI (FC if Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title (iLIAR.INT EC CUM VANY Date: 11-14-2007 Our Order Number: V50021153 Property Address: 100 E. MEADOW DRIVE VAIL, CO 81657 If you have any inqulrles or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Chris McElvany 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: cmcelvany@Itgc.com WEAR TRAVERS & PERKINS 1000 S FRONTAGE RD #200 VAIL, CO 81657 Attn: PAULINA PROPER Phone: 970-790-1604 Fax: 970-476-7118 EMail: pproper@weartrav.com Linked Commitment Delivery Land Title Guarantee Company Date: 11-14-2007 Land Title Our Order Number: V50021153 (:l1AR.1NTEE COhiF'ANY Property Address: 100 E. MEADOW DRIVE VAIL, CO 81G57 Buyer/Borrower: OSAKI'S, LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: OSAKI'S, LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions for dour upcoming closing? Check out Land Title's web site at www.ltgc.com ror airectoons co anv or our av ounce iocauons. ESTIMATE OF TITLE FEES Information Binder $183.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $183.00 Form CONTACT Ofi/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE Land Title (V l1Ak.4NT EE CUMVANI' Owner: OSAKI'S, LLC, A COLORADO LIMITED LIABILITY COMPANY Property Address: 100 E. MEADOW DRIVE VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50021153 -CHARGES- Information Binder $183.00 --Total-- $183.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50021153 Schedule A Cust. Ref.: Property Address: 100 E. MEADOW DRIVE VAIL, CO 81657 1. Effective Date: November 07, 2007 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: OSAKI'S, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: OSAKI'S, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 14, VAIL VILLAGE PLAZA CONDOMINIUMS, ACCORDING TO THE AMENDED CONDOMINIUM MAP THEREOF RECORDED OCTOBER 3, 1985 IN BOOK 426 AT PAGE 609, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED NOVEMBER 19, 1984 IN BOOK 400 AT PAGE 202, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B -Section 1 (Requirements) Our Order No. V50021153 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50021153 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. G. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 12. RECIPROCAL EASEMENT AGREEMENT BETWEEN VAIL VILLAGE INN, A COLORADO CORPORATION, JAMM LTD., A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INN ASSOCIATES, A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BOOK 351 AT PAGE 324. ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50021153 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. ENCROACHMENT OF STONE WALL ONTO EAST MEADOW DRIVE AS SHOWN ON SURVEY OF MERRICK AND COMPANY DATED NOVEMBER 20, 1981, JOB N0. 322-4219. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 21, 1983, IN BOOK 352 AT PAGE 39G. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, 1983 IN BOOK 367 AT PAGE 833. 16. APPLICATION FOR REVOCABLE PERMIT TO ERECT OR MAINTAIN A STRUCTURE ON A PUBLIC RIGHT OF WAY RECORDED JULY 26, 1984 IN BOOK 390 AT PAGE 746. 17. ENCROACHMENTS AS MORE FULLY DESCRIBED IN LETTER DATED JULY 5, 1984 FROM EAGLE VALLEY ENGINEERING & SURVEYING INC. NOTE: EASEMENT AGREEMENT IN CONNECTION WITH SAID ENCROACHMENT WAS RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 862. 18. TERMS, PROVISIONS AND CONDITIONS OF DECLARATION CONCERNING PARKING BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 856. 19. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICITONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 19, 1984, IN BOOK 400 AT PAGE 202, RATIFICATION THERETO RECORDED MARCH 8, 1990 IN BOOK 524 AT PAGE 113, FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED DECEMBER 27, 1989 IN BOOK 520 AT PAGE 306, SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50021153 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: MARCH 29, 1990 IN BOOK 525 AT PAGE 640, AND THIRD AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JANUARY 15, 1991 IN BOOK 545 AT PAGE 696 AND FOURTH AMDNEMENT RECORDED AUGUST 3, 2005 UNDER RECEPTION N0. 924820. 20. EASEMENT BETWEEN VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE INN PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 861. NOTE: AGREEMENT IN CONNECTION WITH SAID EASEMENT AS RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 861. DECLARATION OF PARTIAL VACATION OF EASEMENT WAS RECORDED JULY 25, 1985 IN BOOK 420 AT PAGE 741. 21. EASEMENT BETWEEN VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION, VAIL VILLAGE INN, INC., A COLORADO CORPORATION, AND F & L VAIL VILLAGE PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN BOOK 388 AT PAGE 862. 22. EASEMENTS, ENCROACHEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE PLAZA CONDOMINIUMS RECORDED OCTOBER 3, 1985 IN BOOK 426 AT PAGE 609. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible far recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Fonn DISCLOSURE 09/01/02 NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies /Chicago Title Insurance Company Security Union Title Insurance Company July 1, 2001 We recognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information' ), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our intereet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or ggive us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We arso may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Fo~n PRIV.POL.CHI NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company -Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 (03/31%2008) Bill Gibson -Major SDD Amendment for Osaki's ~ ~~ ~ Page.1 From: Bill Gibson To: michael@khwebb.com Date: 03/31/2008 2:56 PM Subject: Major SDD Amendment for Osaki's Hey Michael, Before the application for a Major Amendment to SDD No. 6 for the Osaki's Restaurant can be processed and scheduled for a hearing before the Planning and Environmental Commission, written approval from the HOA and a new check for the $6,000.00 application fee (payment was stopped on the submitted check) must be submitted. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970)479-2173 (970)479-2452 fax `~ ~ r ~ ~ Ic h w e b b f' ,- D C~C~f~~Mf~ D APR 0 2 2008 TOWN OF VAIL TRANSMITTAL To: Town of Vail Date: 04.02.08 from: Michael Current Re: CC: ENCLOSED: I. $6,000 cashier's check for PEC application `Z2C' C ~-- ~ ~~ ~ Q U Z. Vail Village Condominium Association approval letter 710 WEST LIONSNEAD CIRCLE, SUITE A VAIL COLORADO 81651 910.417.2990 910.411.2965 (F) www.khwebb.com !; Slifer Management Company Property Management & Leasing ~~~,~~~ March 6, 2008 ~ APR 0 2 2008 Takeshi &Kazue Osaki ~ 70WN OF VAIL Osaki's LLC a; P.O. Box 4104 Vail, CO 81658 Re: Unit 14, Vail Village Plaza Condominiums Dear Takeshi and Kazue: Please be advised that the Board of Directors of the Vail Village Plaza Condominium Association has given initial conceptual approval for your proposed expansion project however their approval is conditional upon subsequent approval by the general membership of the Association, the mortgagees of all units within the Association and upon determination of the selling price. Furthermore, this initial conceptual approval is also conditional upon your agreement to assume all responsibility for legal and other costs incun•ed by the Association in relation to this project. A specific condition of the Association's continued support for and cooperation with this project will be your prompt reimbursement to the Association of all amounts which the Association is required to pay in connection with your project, including but not limited to any matlagement, engineering, surveying, legal and other professional costs incurred by the Association in connection with the project. It will also he your responsibility to work with the Association's attorney, Art Abplanalp, in the preparation of all documents and sending of the necessary mailings or other correspondence necessary for you to gain approvals from the general membership of the Association and from the mortgagees of all units. We will supply you with a current owner directory and mailing list however it will be your responsibility to do the mailings and gain the necessary approvals. Based upon this initial conceptual approval, you may proceed with your preliminary work on this expansion project, including preliminary consultations with the Town of Vail. However, this initial conceptual approval may not be construed as any kind of guarantee that the project will be approved by the general membership of the Association nor by the mortgagees of the units within the Association. Sincerely. Steve Stafford Managing Broker P.O. Box 2264, Edwards, CO 81632 0105 Edwards Village Boulevard. Suite G-206, Edwards, CO 81632 Telephone: (970) 926-7911 Telefax: (970) 926-7914 osakis I cd+.doc __, -- --- (03/3~1/2008) Bill Gibson - Osaki's Page 1 r From: Bill Gibson To: michael@khwebb.com Date: 03/31/2008 11:28 AM Subject: Osaki's Attachments: Osaki's commercial linkage requirement.pdf Hey Michael, Please find attached the commercial linkage housing requirement for the proposed Osaki's expansion. If you have any questions about the calculations, please feel free to contact me or Nina Timm, Housing Coordinator, at 479-2144. Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970)479-2173 (970)479-2452 fax ~, Osaki's Expansion Net New Commercial of 316 Sq Ft A. Commercial Increase =Commercial Linkage Increase in commercial sq ft = 316 sq ft increase Commercial Linkage requirement = 20% of net new employees generated 316 sq ft / 1,000 x 6.75 employees (eating & drinking establishment) x 20% mitigation = .43 (.4266) employees to be provided deed restricted employee housing B. Mitigation for Commercial Linkage Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of .43 employees x $131,385 = $56,495.55 The fee-in-lieu payment must be received prior to or at the time of building permit issuance. Page 1 of 1 Bill Gibson - Osaki expansion From: Bill Gibson To: Kyle Webb; michael@khwebb.com Date: 04/15/2008 1:32 PM Subject: Osaki expansion Hey Michael, Here are the preliminary review comments for the proposed Osaki's expansion: • The survey must be updated to show all easements. . A loading/delivery ramp or elevator must be provided to the west side of the building (liquor store, Mt. Dog, etc.). • Submit details about the proposed employee housing unit (address, sq. ft., # of bedrooms, etc.) • Kitchen and food preparation upgrades may be required as part of this project. Please contact Bifl Carlson, Environmental Health Officer, at 479-2333. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970)479-2173 (970) 479-2452 fax file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4804AE... 04/15/2008 *, Page 1 of 2 Bill Gibson - RE: Osaki expansion ~F.! _ - r•+ . -ase aae.-..~,. :,.,. _,, ~.; a+s < .<.,y: ~ ;':YC , ~ , : bey ~ !:..: : _ _ ~ From: "Michael Current" To: "Bill Gibson" , "Kyle Webb" Date: 04/16/2008 10:52 AM Subject: RE: Osaki expansion Good Morning Bill, Here are our responses and questions (in red) that we have in regard to your email from yesterday. If you could give me a call at your convenience to discuss the outstanding issues (the survey and ramp), that would be great. Thanks, Michael Current k h w e b architects p c 710 west lionshead circle suite a vail, Colorado 81657 970.477.2990 (p) www.lchwebb.com From: Bill Gibson [mailto:BGibson@vailgov.com] Sent: Tuesday, April 15, 2008 1:33 PM To: Kyle Webb; Michael Current Subject: Osaki expansion Hey Michael, Here are the preliminary review comments for the proposed Osaki's expansion: • The survey must be updated to show all easements. I have spoken with Mike Post at Eagle Valley Surveying; they performed the topographic survey and have revised the plat for the Vail Village Plaza Condominiums. He is unaware of any additional easements through the property other than the ones they are already showing. There seems to be a roof overhang easement and a 20' wide utility easement, both to the west of the WPC buildings. Are there any other easements that you are aware of? Do we file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4805D... 05/15/2008 Page 2 of 2 need to perform a title search to see if there are any additional easements on the property? A loading/delivery ramp or elevator must be provided to the west side of the building (liquor store, Mt. Dog, etc.). The Osaki's currently receive deliveries from the north of their property through a Vail Plaza loading dock. There are no stairs along this path. Is there a reason why the current loading/delivery path is inadequate and needs to be re-routed? We are uncertain how we would be able to accommodate a new ramp or elevator to the west side of the building. Please give me a call so we can discuss what we need to do. Submit details about the proposed employee housing unit (address, sq. ft., # of bedrooms, etc.). It is a 2 bedroom, 1.5 bath condo that is 924sq. ft. o Interlochen Condominiums, Unit D-5 0 2958 S. Frontage Rd. o Vail, CO 81657 Kitchen and food preparation upgrades may be required as part of this project. Please contact Bill Carlson, Environmental Health Officer, at 479-2333. I have called Bill to try to set up a meeting. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970) 479-2173 (970) 479-2452 fax No virus found in this incoming message. Checked by AVG. Version: 7.5.519 /Virus Database: 269.22.13/1378 -Release Date: 4/15/2008 9:12 AM No virus found in this outgoing message. Checked by AVG. Version: 7.5.519 /Virus Database: 269.23.0/1381 -Release Date: 4/16/2008 9:34 AM file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4805D... 05/15/2008 FILE COPY Bill Gibson - RE: Osaki's Page 1 of 2 From: "Michael Current" To: "Bill Gibson" Date: 05/07/2008 3:51 PM Subject: RE:Osaki's CC: "Kyle Webb" Bill, I am sorry for the confusion about DRB this afternoon. I was unaware that we were still on the DRB agenda. We are unsure of the future of the project at this time. We are certain that the Osaki's still want to seek the approval from PEC, but are unsure about DRB. As I'm sure you understand, things have gotten a little complicated with some of the site restraints and who will be responsible for the additional requirements. We certainly want to complete the PEC approval process with the two Town Council readings, but beyond that everything is on hold until further notice. Again, sorry for the confusion but hopefully this is understandable. I will submit three copies of the revised site plans to you for the requested changes below regarding the ramp for PEC. Please let me know if you have any questions or if you need anything else. Thanks, Michael Current k h .web b architects p c 710 west lionshead circle suite a vail, Colorado 81657 970.477.2990 (p) www.khwebb.com From: Bill Gibson [mailto:BGibson@vailgov.com] Sent: Wednesday, May 07, 2008 9:59 AM To: Kyle Webb; Tom Kassmel Cc: Michael Current Subject: Re: Osaki's Hey Kyle, I speaking with Tom this morning, the ramp must be revised to address the following: . the ramp must be a minimum of 3 feet wide . the ramp must be snowmelt heated . a drain must be installed at the base of the ramp Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4821 DO... 05/08/2008 ~•~ ~ a, (970)479-2173 (970)479-2452 fax »> "Kyle Webb" <kyle@khwebb.com> 05/02/2008 6:25 AM »> Tom/Bill, We are trying to continue forward with Osaki's.what is the drainage ramp status? Thanks! Kyle k . h . web b architects . p c 710 west lionshead circle suite a vail .Colorado 8]657 970.477.2990 (p) www.khwebb.com (w) No virus found in this incoming message. Checked by AVG. Version: 7.5.524 /Virus Database: 269.23.9/1419 -Release Date: 5/7/2008 7:46 AM No virus found in this outgoing message. Checked by AVG. Version: 7.5.524 /Virus Database: 269.23.9/1419 -Release Date: 5/7/2008 7:46 AM Page 2 of 2 • , e file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4821D0... 05/08/2008 05/19/2008 16:42 FAA l,aw Office of Arthur A. Abplanalp, Jr. L.L.C. Telephone: 970.476.o3on 970.476.6500 Telecopier: 970.476.4765 Email: Art.Abplanalp (~earthlink.net Post Office Box ZS00 Vail, Colorado 81658-2800 ~ 002 Physical Address: Suite 30] Vail 21 Building 472 East Lionahead Circle Vail, Colorado 81657 19 May 20os Mr. Bill Gibson Department of Community Development Town of Vail - ~ ~- .,,rs ~~, i~ 111 South Frontage Road West ~ (_~~_- ~ J" ~~~'~ ~ ` ~~ Vail Colorado ~ I l~ ~ 9 By 'Telecopier to 970.479.2452 ~;~; h , MAY 1 ~ 21j0$ ~ ~~~,~ Re: Osaki Application ~L ~OW~ ~~ ~Al~ Dear Bill: This communication will confirm our conversation this afternoon related to the Osaki application. As you are aware, this Office represents the Vail Village Plaza Condominium Association. As I advised you, I leave been informed that the members of the Board of Directors of the Vail Village Plaza Condominium Association have determined that the Board's approval of the application of Osald LLC for an amendment to the Special Development District including Vail Village Plaza Condominium must be terminated and withdrawn. I have been advised by the President of the VVPCA that the principal reason for the Board's current position (a reversal of its prior position) is the fact that the Board's approval for the Osaki application was based upon the representation, understanding and premise that construction of the proposed project was to occur during 2008. Fundamental to the Osakis' activity was to be a development agreement with the Association which, if finalized, would have permitted the Osalcis to acquire certain parts of the common elements and to engage in certain activities necessary for the project on other common elements. Several weeks ago, I was advised by Greg Perkins, counsel for the Osalcis, that the Osakis had advised him that his firm was to cease work on the project, and that he was uncertain of the Osakis' plans. The Association was surprised tv learn that the project was continuing through the Town process. Discussions with Kyle Webb, the architect for the Osakis, suggest that the Osakis hope to engage in the program during 2009, but that apparently was inconsistent with the premise of the Board's approval which was communicated by the Association's manager, Steve Stafford, which communication was then used as the evidence of 1ssociation approval. Based upon the foregoing, I have been directed to advise the Town of Vai] that the consent of the Vail Valley Plaza Condominium Association to the proposed Osaki project has 05/19Y2008 16:4a FAX ~ ooa I been withdrawn, and to request the Town to take no further action on the project until and unless approval is granted by the Board of Directors of the Association. It should be noted that this is more than the withdrawal of the consent of a governing association. Because the Osaki project relies upon the development of property currently owned by the Association, this constitutes withdrawal of the application by a co-owner of the property which is the subject of the application. If you have any questions, you may, of course, contact me. Arthur A. Abplanalp, J xc: Vail Village Plaza Condominium Association c/o Mr. Steve Stafford 05/19'/2008 16:42 FAX Law Office of .ARTHUR A. A$PLANALP, JR., L.L.C;. Suite 301 Vaal 21 Building 472 East Laonshead Circle Post Office Box 28UU Vail, Colorndo ~1G58-2800 Telephone: 970.476.6500 TeleFopi,er: 970.476.4765 Direct email to Sender: ArtAbplanalp@eartblink.net TELECOPI.F,R TRANSMI'I'1'AL TO: TOWN OF VAIL DEPAR'TMEN'T OF COMMUNITY DEVELOPMENT ATTENTION: BILL GIBBON FROM: AR 1'HUR A. ABPLANAIP, JR TO T'IaLECUl'IER NO.: 479.2452 FROM'1'ELECOPIER NO.: 476.4765 DATE: 19 May 2008 ~J Excluding this cover sheet, the number of pagc9 transmitted is ~'`~ Please call 476.6500 itt the event of difficulty with this transmissa~n. [~ 001 Tz IIS MESSAGE IS INTENDED ONLY FOR THE USE OF ~."HE INDIVIDUAL OR ENTITY TU 17ilHICH I'1' IS DIRECTED AND MAY CONTAIN INFORMATION WHICH IS PRiVILEC=ED, CONFIDENTIAL .A.Nll/UR E.X~,MI'T l~'ROM DISCLOSURE UNDTR APPLICABLI1 LAW. If the reader of this message is not the intended recipient or the employee or agent respox-sablc; for deliveang the message to the intended tecipieAt, you are hereby notified that any dissemination, distribution or copying of this communication is strictly pzohibitc:d. If you have received this communication in error, please notify this Office immedaatelp by collect telephone call and destroy the transmittal. Page 2 of 2 suite a vail.colorado 81657 970.477.2990 (p) www.khwebb.com (w) From: Bill Gibson [mailto:BGibson@vailgov.com] Sent: Monday, May 19, 2008 4:57 PM To: Kyle Webb; Michael Current Cc: Jr. Arthur A. Abplanalp Subject: Fwd: Osaki Application Hey Michael and Kyle, It has come to my attention that the HOA has rescinded their approval of the major amendment to SDD No. 6, Vail Village Inn, to allow for the expansion of the Osaki's Sushi Restaurant (PEC08-0016). This application is therefore null and void, and will not be reviewed by the Vail Town Council at its May 20, 2008, public hearing. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970)479-2173 (970) 479-2452 fax file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4832B7... 05/20/2008 Page 1 of 2 i ~ Bill Gibson - RE: Osaki Application n . ...:... F.. From: Bill Gibson To: Kyle Webb; Michael Current Date: 05/20/2008 11:35 AM Subject: RE: Osaki Application CC: Gregory W. Perkins; hanaosaki@gwest.net; Jr. Arthur A. Abplanalp Attachments: Gregory W. Perkins; hanaosaki@gwest.net; Jr. Arthur A. Abplanalp Hey Kyle, Without HOA approval this application is void and can not move forward. Therefore, this item will not be discussed at today's Town Council hearing. Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970)479-2173 (970) 479-2452 fax »> "Kyle Webb" <kyle@khwebb.com> 05/19/2008 5:09 PM »> Bill, On behalf of the Osakii~$B!G[Jl(Bs, I would like to request that we table until we can have further discussion with the Board. Due to the complexity of the legal work and its duration taking several more months from now to complete, the Osakin$B!G~~(Bs have elected to postpone construction for one year to avoid the risk of not being able to be open again for the upcoming winter, which now is the only realistic solution. They would like to complete the SDD approval in lieu of having to repeat it once more next year, and have wasted the time and efforts of everyone involved. The condition ou_tlined_bb~r Mr. Abplanalp was not disclosed to the OsakiC7$B!GC7(Bs until today, and based on that fact; we request to be tabled until we can resolve this issue with the Board of the Village Inn Plaza. Please confirm if this is acceptable. Thanks! Kyle k. h w e b b _ architects . p c 710 west lionshead circle file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4832B7... 05/20/2008 (5/20/2008) Matt Mire - Osaki Application Pagel • r' i + From: "Arthur A. Abplanalp, Jr." <Art.Abplanalp@earthlink.net> To: Matt Mire <MMire@vailgov.com> Date: 5/20/2008 12:58 PM Subject: Osaki Application CC: Kyle Webb <kyle@khwebb.com>, "Gregory W. Perkins" <gperkins@weartrav.com> Matt: As you may be aware, there seems to be some uncertainty regarding the status of the Osaki application for an amendment to the Vail Village Plaza Condominium SDD which was scheduled for consideration today. I have left a message and sent an a-mail to Bill Gibson, but I have been unable to speak with him today, which I know is a busy day. I'm hoping that you may check your a-mail before the work session begins. In any event, I was directed yesterday to advise the Town that the Association's consent to the project was withdrawn, because that consent was given based upon the representation that construction would occur this year, and that isn't the case. Additionally, work toward an agreement permitting the development has ceased, leaving the status and nature of any development in an uncertain status. I have received direction from the president of the Vail Village Plaza Condominium Association to agree, on behalf of the Association, to tabling the matter until the next Council meeting, as requested by Kyle Webb, the architect for the Osakis. If the matter is to be tabled (or continued), it's my understanding that it should be tabled (or continued) to a date certain, because of public notice issues, but there's nothing to prevent a further tabling at the next meeting, if Osakis, the Association an the Council agree to do so. No one wishes a great deal of work to be wasted if that can be avoided, but the Board cannot permit an amendment to the SDD zoning to go forward when there is uncertainty regarding whether any agreement can be reached regarding the project, regarding when the timing would be, and regarding the effect of both the construction and the timing. I'll try to contact you by telephone, but this a-mail will give you, as well as Bill, something in writing regarding the Association's position. Regards, Art Abplanalp r :' r w Osaki's Expansion Net New Commercial of 316 Sq Ft A. Commercial Increase =Commercial Linkage Increase in commercial sq ft = 316 sq ft increase Commercial Linkage requirement = 20% of net new employees generated 316 sq ft / 1,000 x 6.75 employees (eating & drinking establishment) x 20% mitigation = .43 (.4266) employees to be provided deed restricted employee housing B. Mitigation for Commercial Linkage Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of .43 employees x $131,385 = $56,495.55 The fee-in-lieu payment must be received prior to or at the time of building permit issuance.