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HomeMy WebLinkAboutPEC080049Planning and Environmental Commisson਍ഀ ACTION FORM਍ഀ TOW ff vAM਍ഀ CONMNMY MVELON ENT਍ഀ APPROVAL OF A MAJOR AMENDMENT TO SDD NO 6, VAIL VILLAGE INN THRU ORDINANCE NO.਍ഀ 22, SERIES OF 2008, TO CONVERT 1,237 SQUARE FEET OF COMMERCIAL SPACE TO਍ഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING RESIDENTIAL UNIT.਍ഀ Project Name: COMMERCIAL CONVERSION TO RES PEC Number: PECO80049਍ഀ Project Description:਍ഀ Participants:਍ഀ OWNER VAIL VILLAGE INN INC 08/11/2008਍ഀ 100 E MEADOW DR #31਍ഀ VAIL਍ഀ CO 81657਍ഀ APPLICANT COLORADO COMPANY 08/11/2008਍ഀ SHERMAN & HOWARD LLC਍ഀ 1000 S FRONTAGE RD W #200਍ഀ VAIL਍ഀ CO 81657਍ഀ Project Address: 68 E MEADOW DR VAIL Location:਍ഀ Legal Description: Lot: Block: 5D Subdivision: VILLAGE INN PLAZA਍ഀ Parcel Number: 2101-082-5403-1਍ഀ 2101-082-5401-0਍ഀ Comments: SEE CONDITIONS BELOW਍ഀ Motion By: GORDON਍ഀ Second By: DALY਍ഀ Vote: 4-1-0਍ഀ Conditions:਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ BOARD/STAFF ACTION਍ഀ Action: APPROVED਍ഀ Date of Approval: 12/16/2008਍ഀ 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: CON0010516਍ഀ 1. The applicant shall provide a recorded deed restriction, acceptable to the Town਍ഀ Attorney, for a minimum of 375 square feet, acceptable to the Zoning Administrator,਍ഀ prior to਍ഀ the issuance of a building permit.਍ഀ 2. The applicant shall install an accessibility and delivery lift located near਍ഀ Osaki's, prior to the issuance of a temporary certificate of occupancy or਍ഀ certificate of occupancy. The਍ഀ applicant shall submit a development plan that reflects the location, installation਍ഀ specifications and documentation for the maintenance and repair of said਍ഀ accessibility and਍ഀ delivery lift, for review and approval by the Town Attorney and Zoning਍ഀ Administrator, prior to the issuance of a building permit.਍ഀ Planner: Nicole Peterson PEC Fee Paid: $6,000.00਍ഀ Timeline:਍ഀ o August 11, 2008 - Application submitted for major amendment to SDD No. 6,਍ഀ Vail Village Inn to convert 1,483 sf of commercial space to residential.਍ഀ o September 22, 2008 - Application tabled at PEC hearing. Staff recommends਍ഀ denial. Applicant requests tabling to change proposal.਍ഀ o October 13, 2008 - PEC RECOMMENDS APPROVAL OF MAJOR਍ഀ AMENDMENT TO SDD NO. 6, VAIL VILLAGE INN TO CONVERT 1,237 SF਍ഀ OF COMMERCIAL SPACE TO RESIDENTIAL. A portion of the Robinson਍ഀ Mitchell office is proposed to remain in the new plans. Staff maintains਍ഀ recommendation of denial.਍ഀ o October 21, 2008 - TC APPROVES ORD NO 22, SERIES OF 2008 ON FIRST਍ഀ READING਍ഀ o November 4, 2008 - TC TABLES ORD NO 22, SERIES OF 2008 ON SECOND਍ഀ READING (CALLS FOR PUBLIC BENEFIT ANALYSIS)਍ഀ o November 5, 2008 - DRB REVIEWS CONCEPT EXTERIOR ALTERATION਍ഀ AND ALLOWS STAFF APPROVAL IF TC APPROVES਍ഀ o December 2, 2008 - TC TABLES ORD NO 22, SERIES OF 2008 ON SECOND਍ഀ READING਍ഀ o December 16, 2008 - TC APPROVES ORD NO 22, SERIES OF 2008 ON਍ഀ SECOND READING਍ഀ o December 20, 2008 - ORD NO 22, SERIES OF 2008 PUBLISHED IN THE਍ഀ VAIL DAILY਍ഀ o December 31, 2008 - STAFF APPROVAL OF DRB EXTERIOR ALTERATION਍ഀ APPLICATION਍ഀ VAIL TOWN COUNCIL਍ഀ EVENING SESSION AGENDA਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 6:00 P.M., TUESDAY, DECEMBER 16, 2008਍ഀ NOTE: Times of items are approximate, subject to change, and਍ഀ cannot be relied upon to determine at what time Council਍ഀ will consider an item.਍ഀ 1. ITEM/TOPIC: Citizen Input. (10 min.)਍ഀ 2. Pam Brandmeyer ITEM/TOPIC: Appointments to the Commission on Special Events਍ഀ (CSE) and Vail Local Marketing District Advisory Committee਍ഀ (VLMDAC) boards. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL:਍ഀ 1) Please interview the Commission on Special Events (CSE)਍ഀ applicants at the work session and appoint three applicants to the਍ഀ CSE (terms expire December 31, 2010) at the evening meeting;਍ഀ and਍ഀ 2) Please interview the Vail Local Marketing Board Advisory Council਍ഀ (VLMDAC) applicants at the work session and appoint four਍ഀ applicants to the VLMDAC (terms expire December 31, 2010) at਍ഀ the evening meeting.਍ഀ BACKGROUND RATIONALE:਍ഀ CSE: Members of the CSE shall serve at the will of the Town਍ഀ Council. The CSE shall support the Town Council's goals and਍ഀ objectives and makes decisions in alignment with the Town਍ഀ Council's marketing direction. The mission of the CSE is to਍ഀ support street entertainment and special events for vitality, year-਍ഀ round fun, sense of community and increased quality of਍ഀ experience for guests and residents. The Functions and/or duties਍ഀ of CSE shall include, but are not limited to: hiring and overseeing਍ഀ a director and/or staff, as well as event producers and/or਍ഀ promoters; creating, funding and seeking special events for the਍ഀ Town of Vail; evaluating event applications and event success;਍ഀ submitting an annual budget for operations and events;਍ഀ coordinating the community calendar for special events; seeking਍ഀ out additional funding for special events through sponsorships and਍ഀ donations; evaluating and executing contracts for special events;਍ഀ and all other functions as directed by the Town Council.਍ഀ There are currently three vacancies on the CSE. The Town਍ഀ received ( 14 ) applications for the vacancies. Three applicants਍ഀ are incumbent members of the CSE (noted by asterisks below).਍ഀ The Council shall interview each applicant at the work session and਍ഀ then appoint three applicants to the CSE at the evening meeting.਍ഀ The applicants are as follows:਍ഀ Brooks Bock, M.D.਍ഀ Dave Chapin*਍ഀ Kyle Denton਍ഀ Danielle Gibson਍ഀ Ron Girotti਍ഀ Ben Hohman਍ഀ Meggen Kirkham*਍ഀ Dan McNutt਍ഀ Keith Ozda਍ഀ Michelle Rampelt਍ഀ Heather Trub*਍ഀ Mia Vlaar਍ഀ Julie Weihaupt਍ഀ James Wilkins਍ഀ I have enclosed an attendance summary for the CSE for your਍ഀ review.਍ഀ VLMDAC: The mission of the VLMDAC is to strengthen the area਍ഀ economy by attracting visitors to Vail in the May to October time਍ഀ frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All਍ഀ applicants must be "owners of property within the boundaries of਍ഀ the district," which includes by definition corporations or entities਍ഀ which own property "within the boundaries of the district." Should਍ഀ an entity be appointed to this advisory council, it would then be up਍ഀ to that entity to appoint its designee. Additionally, owners of਍ഀ "taxable personal property" will be considered for appointment.਍ഀ The Town received ( 6 ) applications for the vacancies. Four਍ഀ applicants are incumbent members of the VLMDAC (noted by਍ഀ asterisks below). The Council needs to interview each applicant਍ഀ at the work session and then appoint four applicants to the Vail਍ഀ Local Marketing District Advisory Council at the evening meeting.਍ഀ The applicants are as follows:਍ഀ Sarah Franke਍ഀ Ben Hohman਍ഀ Bob Llewellyn*਍ഀ Beth Slifer*਍ഀ Pam Stenmark*਍ഀ Adam Sutner * (Vail Resorts representative reappointment)਍ഀ I have also enclosed an attendance summary for the VLMDAC for਍ഀ your review.਍ഀ RECOMMENDATION: Appoint three persons to the CSE and four਍ഀ persons to the VLMDAC.਍ഀ 3. ITEM/TOPIC: Town Manager's Report. (20 min.)਍ഀ • Economic Stimulus Package Recommendations.਍ഀ • Ford Park Managed Parking '09 Summer Proposal.਍ഀ • ECO Trails Committee Names 2008 Trail Supporters.਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ amendments the summer calendar for Ford Park paid parking਍ഀ dates for 2009.਍ഀ BACKGROUND RATIONALE: The 2009 Managed Parking਍ഀ Calendar Schedule for Ford Park is attached. This calendar has਍ഀ been compiled by the Ford Park User Committee. We are਍ഀ requesting your review and approval of the calendar for paid਍ഀ parking dates at Ford Park for the Summer, 2009 schedule.਍ഀ There are currently 38 days of paid parking requested as well as਍ഀ one managed parking date. This calendar is subject to change as਍ഀ more events are added to the various schedules of the user਍ഀ groups at Ford Park.਍ഀ RECOMMENDATION: Approve or approve with amendments, the਍ഀ summer calendar for Ford Park paid parking dates for 2009.਍ഀ 4. Kelli McDonald ITEMITOPIC: Presentation of Same Store Sales reports in both਍ഀ Ralf Garrison Vail Village and LionsHead during summer 2008 compared to਍ഀ 2007, as well as a preview of market forces affecting travel during਍ഀ the 2008/2009 ski season. (20 min.)਍ഀ ACTION REQUESTED OF COUNCIL: None at this time.਍ഀ BACKGROUND RATIONALE: Town Council has requested a਍ഀ report detailing same store sales for summer 2008 compared to਍ഀ 2007 in the categories of restaurant, retail and lodging. Ralf਍ഀ Garrison of the Advisor Group has compiled the information and਍ഀ will present at this meeting. He will also give a brief overview of਍ഀ market forces affecting travel during the 2008/2009 ski season.਍ഀ STAFF RECOMMENDATION: Hear the presentation, ask਍ഀ questions, and give direction for follow up reports.਍ഀ 5. Judy Camp ITEMITOPIC: Ordinance No. 32, Series of 2008, an emergency਍ഀ ordinance amending Ordinance No. 20, Series of 2008;਍ഀ prescribing other details in connection therewith; and declaring an਍ഀ emergency. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ deifications, or deny Ordinance No. 32, Series of 2008.਍ഀ BACKGROUND RATIONALE: The Town of Vail issued਍ഀ $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds਍ഀ in 1998 to refinance certain bonds outstanding at that time. The਍ഀ bonds were issued with interest rates ranging from 4.25% to 4.5%਍ഀ and maturities through 2012. On September 16, 2008, Town਍ഀ Council approved Ordinance No. 20, Series of 2008, authorizing਍ഀ the issuance of Sales Tax Revenue Refunding Bonds, Series਍ഀ 2008 for the purpose of refinancing the outstanding 1998A bonds਍ഀ at a lower interest rate with the same maturity. Issuance of the਍ഀ new bonds has been delayed due to market conditions.਍ഀ Conditions have now improved to the point where it is advisable to਍ഀ issue the bonds. Because of the delay in marketing the bonds,਍ഀ however, the "redemption date" specified in the original ordinance਍ഀ has passed and it is necessary to amend Ordinance No. 20਍ഀ redefining the redemption date. An emergency ordinance is਍ഀ requested so the bonds may be marketed immediately following਍ഀ Council's approval.਍ഀ STAFF RECOMMENDATION: Approve Ordinance No. 32,਍ഀ Series of 2008.਍ഀ 6. Kathleen Halloran ITEM/TOPIC: Second reading of Ordinance No. 29, Series of਍ഀ 2008, An Ordinance making supplemental appropriations to the਍ഀ Town of Vail General Fund, Capital Projects Fund, Real Estate਍ഀ Transfer Tax Fund, and Debt Service Fund of the 2008 Budget਍ഀ for the Town of Vail, Colorado; and authorizing the expenditures of਍ഀ said appropriations as set forth herein; and setting forth details in਍ഀ regard thereto. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve or approve with਍ഀ amendments the second reading of Ordinance No. 29, Series of਍ഀ 2008.਍ഀ BACKGROUND RATIONALE: To be provided in a separate਍ഀ memo.਍ഀ STAFF RECOMMENDATION: Staff recommends that the Town਍ഀ Council approves or approves with amendments Ordinance No.਍ഀ 29, Series of 2008, upon second reading.਍ഀ 7. Bill Gibson ITEMITOPIC: First reading of Ordinance No. 31, Series of 2008,਍ഀ for prescribed regulations amendments to Section 12-13,਍ഀ Employee Housing, Vail Town Code, to establish a deed-਍ഀ restriction exchange program, and setting forth details in regard਍ഀ thereto. (25 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve Ordinance No.਍ഀ 31, Series of 2008, on first reading.਍ഀ BACKGROUND RATIONALE: On June 3, 2008, the Vail Town਍ഀ Council directed the Community Development Department to਍ഀ prepare amendments to the Vail Town Code to establish an਍ഀ Employee Housing Unit (EHU) deed restriction exchange਍ഀ program.਍ഀ On October 28 2008, the Vail Local Housing Authority of the Town਍ഀ of Vail held a public hearing and reviewed and forwarded a਍ഀ recommendation of approval to the Vail Town Council for the਍ഀ proposed text amendments to the Zoning Regulations.਍ഀ On December 8, 2008, the Planning and Environmental਍ഀ Commission voted 5-0-0 to forward a recommendation of਍ഀ approval, pursuant to Section 12-3-7, Amendment, Vail Town਍ഀ Code, for prescribed regulations amendments to Section 12-13,਍ഀ Employee Housing, Vail Town Code, to provide additional਍ഀ regulations establishing a deed-restriction exchange program, and਍ഀ setting forth details in regard thereto.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 31, Series of 2008, as਍ഀ recommended by the Vail Local Housing Authority and the਍ഀ Planning and Environmental Commission, on first reading.਍ഀ 8. Bill Gibson ITEMITOPIC: First reading of Ordinance No. 33, Series of 2008,਍ഀ for prescribed regulations amendments to Section 11-10-7, Open਍ഀ House Signs, Vail Town Code, to allow for amendments to the਍ഀ open house sign regulations, and setting forth details in regard਍ഀ thereto. (25 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve Ordinance No.਍ഀ 33, Series of 2008, on first reading.਍ഀ BACKGROUND RATIONALE: At its November 4, 2008, public਍ഀ hearing, the Town Council directed Staff to prepare text਍ഀ amendments to update the Town's open house sign regulations.਍ഀ On December 8, 2008, the Planning and Environmental਍ഀ Commission voted 4-0-1 (Kurz recused) to forward a਍ഀ recommendation of approval, with modifications, for prescribed਍ഀ regulation amendments, pursuant to Section 11-3-3, Prescribed਍ഀ Regulation Amendment, Vail Town Code, to amend Section 11-7-਍ഀ 10, Open House Signs, Vail Town Code, to allow for changes to਍ഀ the open house signs regulations, and setting forth details in਍ഀ regard thereto.਍ഀ VP+਍ഀ STAFF RECOMMENDATION:਍ഀ Council approves Ordinance਍ഀ recommended by the Planning਍ഀ on first reading.਍ഀ Staff recommends the Town਍ഀ No. 33, Series of 2008, as਍ഀ and Environmental Commission,਍ഀ 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of਍ഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,਍ഀ Vail Village Inn, amending and re-establishing the approved਍ഀ development plan for Phase III of Special Development District਍ഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and਍ഀ retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village਍ഀ Filing 1, and setting forth details in regard thereto. (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 22, Series of 2008, on਍ഀ second reading.਍ഀ BACKGROUND RATIONALE: On December 2, 2008, Town਍ഀ Council tabled the item to the December 16, 2008 hearing.਍ഀ On November 4, 2008, Town Council tabled the item to the਍ഀ December 2, 2008, hearing and requested examples of public਍ഀ benefits in other developments.਍ഀ On October 21, 2008, Town Council voted 5-2-0 to approve, with਍ഀ conditions, Ordinance No. 22, Series of 2008, on first reading.਍ഀ On October 13, 2008, the Planning and Environmental਍ഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) to਍ഀ forward a recommendation of approval to the Town Council for the਍ഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council denies Ordinance No. 22, Series of 2008, on second਍ഀ reading.਍ഀ 10. Matt Mire ITEMITOPIC: Second Reading of Ordinance No. 30, Series of਍ഀ 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the਍ഀ Vail Town Code by the Addition of the Definition of the Word਍ഀ "Publication"; and Setting Forth Details in Regard Thereto. (15਍ഀ min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 30, Series of 2008, upon਍ഀ second reading.਍ഀ BACKGROUND RATIONALE: The 2009 budget was passed਍ഀ second reading on November 18, 2008. The 2009 budget਍ഀ eliminates funding for publication in the local papers. Section 4.10਍ഀ of the Town Charter requires publication of ordinances upon their਍ഀ introduction and adoption. The Charter does not define what is਍ഀ required by "publication". In 2007, the Town spent $19,693 for਍ഀ publication of its ordinances in the Vail Daily, requiring the Town਍ഀ Clerk to increase the office advertising budget during the third਍ഀ supplemental appropriation by an additional $12,000. The Town਍ഀ Clerk has currently spent $19,492 of her 2008 budget on਍ഀ publications of ordinances.਍ഀ STAFF RECOMMENDATION: Approve, approve with਍ഀ modifications, or deny Ordinance No. 30, Series of 2008, upon਍ഀ second reading.਍ഀ 11. Kelli McDonald ITEMITOPIC: Approval of Resolution No. 27, Series of 2008.਍ഀ Nicole Peterson Vail Economic Development Strategic Plan. (20 min.)਍ഀ ACTION REQUESTED OF COUNCIL: The Vail Economic਍ഀ Advisory Council and Town of Vail, represented by Kelli਍ഀ McDonald, Economic Development Manager are requesting final਍ഀ review of Resolution No. 27, Series of 2008, for the adoption of਍ഀ the Vail Economic Development Strategic Plan. Please see਍ഀ attached Resolution No. 27, Series of 2008.਍ഀ BACKGROUND RATIONALE: The vision and goals of the Vail਍ഀ Economic Development Strategic Plan were gathered from the਍ഀ Vail 20/20 comprehensive plan document and adopted by Town਍ഀ Council November 6, 2007. In order to facilitate the਍ഀ implementation of the adopted vision and goals, the Town Council਍ഀ requested a Vail Economic Development Strategic Plan. Vail਍ഀ Town Council approved the vision, mission and goals of the਍ഀ strategic plan on July 15, 2008. The creation of the plan has been਍ഀ spearheaded by the Economic Development Department and the਍ഀ Vail Economic Advisory Council, with the assistance of the major਍ഀ contributors listed in the plan. The process to complete the਍ഀ Economic Development Strategic Plan involved the following:਍ഀ - An inventory of Vail economic, financial, marketing, and਍ഀ closely related studies, reports and plans.਍ഀ - A SWOT (Strengths, Weaknesses, Opportunities, Threats)਍ഀ Analysis conducted by the Vail Economic Advisory਍ഀ Council.਍ഀ - Research and gathering of similar community economic਍ഀ development studies, plans and tools. (Special thank you਍ഀ to the communities of Breckenridge, Park City and਍ഀ Steamboat Springs)਍ഀ A thorough analysis of the inventory to determine the long-਍ഀ term implications of such data.਍ഀ A creative interpolation of the vision and goals adopted by਍ഀ the community and Council, combined with the inventory,਍ഀ research and analysis, to create a realistic and achievable਍ഀ Economic Development Strategic Plan for the Town of਍ഀ Vail.਍ഀ Vision, mission and goals approved by Vail Town Council਍ഀ July 15, 2008਍ഀ - Adopted by Vail Economic Advisory Council November 11,਍ഀ 2008਍ഀ Presented to Commission on Special Events November਍ഀ 18, 2008਍ഀ Presented to Vail Local Marketing District Advisory Council਍ഀ November 20, 2008਍ഀ - Presented to Planning and Environmental Commission਍ഀ November 24, 2008਍ഀ - Presented to Town of Vail Directors Staff December 4,਍ഀ 2008਍ഀ STAFF RECOMMENDATION: The Economic Development਍ഀ Department recommends that the Vail Town Council approves਍ഀ Resolution No. 27, Series of 2008, for the adoption of the Vail਍ഀ Economic Development Strategic Plan.਍ഀ 12. ITEM/TOPIC: Adjournment. (9:15 p.m.)਍ഀ (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)਍ഀ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION਍ഀ WILL BEGIN AT TBD, TUESDAY, JANUARY 6, 2009 IN THE VAIL TOWN COUNCIL਍ഀ CHAMBERS.਍ഀ MEDIA ADVISORY਍ഀ December 16, 2008਍ഀ Contact: Corey Swisher, 479-2106਍ഀ Town Manager's Office਍ഀ VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 16, 2008਍ഀ Work Session Briefs਍ഀ Council members present: Foley, Newbury, Daly, Cleveland, Hitt, Gordon, Rogers਍ഀ --Interviews for the Commission on Special Events (CSE) and Vail Local Marketing਍ഀ District Advisory Committee boards਍ഀ Please see Evening Session Briefs.਍ഀ --Planning & Environmental Commission (PEC)/Design Review Board (DRB) Update਍ഀ During a review of the most recent meetings of the PEC and DRB, Chief of Planning਍ഀ Warren Campbell answered questions regarding the latest proposals to go before the਍ഀ two boards. Council briefly discussed a request for a final recommendation to the Vail਍ഀ Town Council of proposed amendments to the Vail Village Master Plan. Hitt spoke in਍ഀ support of maintaining the Gore Creek Recreation Path throughout the winter season.਍ഀ For more information, contact Warren Campbell at 479-2148.਍ഀ --An overview of the Economic & Planning System study that was completed to validate਍ഀ the financial/cost assumptions for the construction of the employee housing component਍ഀ of the Chamonix Master Plan.਍ഀ Community Development Director George Ruther reported that on July 17, 2008, the਍ഀ Chamonix Site Master Plan Advisory Committee held a meeting to review "final"਍ഀ revisions to three site plan options and to forward a recommendation for a preferred਍ഀ option that best meets the planning goals and design parameters approved by Council.਍ഀ As well, the committee reviewed information regarding preliminary cost estimates and਍ഀ preliminary grading and engineering plans for each site plan option. Also, the committee਍ഀ voted to forward a recommendation to Council to pursue Leadership in Energy and਍ഀ Environmental Design (LEED) certification and to investigate the use of "Off-site Factory਍ഀ Built" (modular) construction for the project. On August 5, 2008, Council voted to move਍ഀ forward with the master plan option labeled "Neighborhood Block." This option provides਍ഀ 58 two and three-bedroom dwelling units in town home and condominium configurations.਍ഀ In rejecting a higher density proposal Council expressed concerns about the additional਍ഀ expenses related to constructing and maintaining a large parking garage. The third਍ഀ option was rejected because it did not provide enough density. With the decision to਍ഀ move forward with the "Neighborhood Block" option there was concern expressed by਍ഀ multiple Council Members regarding the costs of the proposed housing units and਍ഀ ensuring they would be affordable to those seeking an opportunity to live there.਍ഀ Neighborhood representative and former Vail Mayor Bob Armour also encouraged਍ഀ obtaining more accurate pricing estimates. Based on the concern of the committee and਍ഀ Council, staff was directed to validate the financial/cost assumptions prior to final਍ഀ adoption of the Chamonix Master Plan. Council then discussed the current municipal਍ഀ and consumer financing environment along with various subsidies used to fund਍ഀ comparable affordable housing developements. Daly encouraged significant scientific਍ഀ research being used to determine the most suitable product on the site. Economic and਍ഀ Planning Systems representative Andy Knudtsen said, "We want to make sure whatever਍ഀ gets built gets bought." Knudtsen emphasized a belief that construction costs would਍ഀ continue to drop through 2009. Daly commented, "We need to determine how much of਍ഀ an appetite do we have for subsidizing this project." Council agreed to direct the Town਍ഀ Manager to continue researching the projects dynamics. For more information, contact਍ഀ George Ruther at 479-2145.਍ഀ --Discussion of the First reading of Ordinance No. 31, Series of 2008, for prescribed਍ഀ regulations amendments to Section 12-13, Employee Housing, Vail Town Code, to਍ഀ establish a deed-restriction exchange program਍ഀ Please see Evening Session Briefs.਍ഀ --Discussion of the First reading of Ordinance No. 33, Series of 2008, for prescribed਍ഀ regulations amendments to Section 11-10-7, Open House Signs, Vail Town Code, to਍ഀ allow for amendments to the open house sign regulations਍ഀ Please see Evening Session Briefs.਍ഀ --Discussion of the Vail Economic Development Strategic Plan.਍ഀ Please see Evening Session Briefs.਍ഀ --Information Update.਍ഀ • Newspaper Box Update.਍ഀ Public Information Officer Suzanne Silverthorne reported the most recent newspaper਍ഀ box lottery successfully took place on December 5.਍ഀ Ruther announced the town had recently received a grant form the Northwest Colorado਍ഀ Council of Government to pursue a "throw as you go" program.਍ഀ --Matters from Mayor & Council਍ഀ Daly questioned the potential value of beginning full bus service around the਍ഀ Thanksgiving time-frame. Council agreed to have staff investigate the potential costs of਍ഀ such an action. He then questioned the availability of parking in the Middle Creek਍ഀ affordable housing complex. Daly encouraged making any available parking spaces਍ഀ available first to Vail Village merchants.਍ഀ Hitt said he believed the annual Town Holiday Party was immensely successful. He਍ഀ then questioned the town's parking requirements for hotels. Hitt then expressed਍ഀ concern that the recreation path behind Cascade Village was not maintained during the਍ഀ winter. Council agreed to hear a presentation in regard to the maintenance issues਍ഀ involved with clearing the path (of snow) in the winter.਍ഀ Newbury expressed concern about the safety aspect of allowing people to park on the਍ഀ Frontage Road. "We need to put up some cross walk areas or something around there."਍ഀ Rogers said the "Vail the Love" lip balms being distributed by community hosts were਍ഀ very popular with guests. She then said she would like to make the Timber Ridge਍ഀ redevelopment Request for Proposals (RFP's) a priority for town staff.਍ഀ Foley clarified the town was addressing the matter of skier-drop off in front of the਍ഀ Christiania Lodge. Zemler said he would return to Council with an update on the matter.਍ഀ Foley then asked for an update on the fulfillment of the employee housing obligation for਍ഀ the Gore Creek town home development. He then congratulated the Finance਍ഀ Department on hosting a successful town holiday party. Foley questioned the Police਍ഀ Department targeting persons who appeared to be intoxicated prior to them boarding਍ഀ town buses. Newbury encouraged staff to make parking passes more readily available਍ഀ to those who are too inebriated to leave the parking structure in their automobiles.਍ഀ Gordon complemented the Community Development Department for producing an਍ഀ informative article that was published in the Vail Daily. He then expressed concern over਍ഀ DEVO drop-off. Gordon also asked if the Seibert Circle fountain's fire element was਍ഀ functional. He reported the Wendy's parking lot was being utilized.਍ഀ Cleveland expressed concern the town was helping to alleviate Vail Resort's problems਍ഀ without any effort from the ski company (i.e., skier drop-off). He then said it was time to਍ഀ perform evaluations for Council's direct reports (Town Manager, Town Attorney,਍ഀ Municipal Judge). Council agreed to hear a presentation on the idea of participating with਍ഀ the Eagle-Vail Metropolitan District in the redevelopment of an aquatic facility.਍ഀ ---Adjournment਍ഀ Foley moved to adjourn at approximately 5:00 p.m. with Hitt seconding. The motion਍ഀ passed unanimously, 7-0.਍ഀ EVENING SESSION BRIEFS਍ഀ Newbury was absent.਍ഀ --Citizen Input.਍ഀ There was none.਍ഀ --Appointments to the Commission on Special Events (CSE) and Vail Local Marketing਍ഀ District Advisory Committee (VLMDAC) boards਍ഀ CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall਍ഀ support the Town Council's goals and objectives and makes decisions in alignment with਍ഀ the Town Council's marketing direction. The mission of the CSE is to support street਍ഀ entertainment and special events for vitality, year-round fun, sense of community and਍ഀ increased quality of experience for guests and residents. The functions and/or duties of਍ഀ CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as਍ഀ well as event producers and/or promoters; creating, funding and seeking special events਍ഀ for the Town of Vail; evaluating event applications and event success; submitting an਍ഀ annual budget for operations and events; coordinating the community calendar for਍ഀ special events; seeking out additional funding for special events through sponsorships਍ഀ and donations; evaluating and executing contracts for special events; and all other਍ഀ functions as directed by the Town Council. There were three vacancies on the CSE.਍ഀ The town received thirteen applications for the vacancies. Three applicants were਍ഀ incumbent members of the CSE (noted by asterisks below). The Council interviewed਍ഀ each applicant at the work session.਍ഀ The applicants are as follows:਍ഀ Brooks Bock, M.D.਍ഀ Dave Chapin*਍ഀ Kyle Denton਍ഀ Danielle Gibson਍ഀ Ron Girotti਍ഀ Ben Hohman਍ഀ Meggen Kirkham*਍ഀ Dan McNutt਍ഀ Keith Ozda਍ഀ Michelle Rampelt਍ഀ Heather Trub*਍ഀ Mia Vlaar਍ഀ Julie Weihaupt਍ഀ James Wilkins਍ഀ Foley moved to appoint Chapin, Kirkham and Trub to the CSE with Daly seconding. The਍ഀ motion passed unanimously, 6-0.਍ഀ VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting਍ഀ visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers਍ഀ of district. (1)(g) All applicants must be "owners of property within the boundaries of the਍ഀ district," which includes by definition corporations or entities which own property "within਍ഀ the boundaries of the district." Should an entity be appointed to this advisory council, it਍ഀ would then be up to that entity to appoint its designee. Additionally, owners of "taxable਍ഀ personal property" will be considered for appointment. The Town received six਍ഀ applications for the vacancies. Four of the applicants were incumbent members of the਍ഀ VLMDAC (noted by asterisks below). The Council interviewed each applicant at the਍ഀ work session.਍ഀ The applicants were as follows:਍ഀ Sarah Franke਍ഀ Ben Hohman਍ഀ Bob Llewellyn*਍ഀ Beth Slifer*਍ഀ Pam Stenmark*਍ഀ Adam Sutner * (Vail Resorts representative reappointment)਍ഀ Council's preliminary vote resulted in a tie. Hitt then moved to revote with Rogers਍ഀ seconding. The motion passed unanimously, 6-0. After re-voting Foley moved to਍ഀ approve the appointment of Llewellyn, Slifer, Sutner and Vlaar to the VLMDAC with਍ഀ Rogers seconding. The motion passed unanimously, 6-0. For details, contact Lorelei਍ഀ Donaldson at 479-2136.਍ഀ --Town Manager's Report.਍ഀ • Federal Economic Stimulus Package Recommendations.਍ഀ Zemler said he was skeptical the proposed federal program would directly benefit town਍ഀ projects. "It's my speculation this (program proposal) is going to change and change a਍ഀ lot." Cleveland said, "This list is not an application for anything... This process could start਍ഀ all over again with parameters and guidelines." Zemler said he would assemble a਍ഀ rational list and submit it. Lamont encouraged Council to position themselves to have਍ഀ projects in a form ready to break ground.਍ഀ 0 Ford Park Managed Parking '09 Summer Proposal.਍ഀ Assistant Town Manager Pam Brandmeyer reported The 2009 Managed Parking਍ഀ Calendar Schedule for Ford Park had been compiled by the Ford Park User Committee.਍ഀ There are currently 38 days of paid parking requested as well as one managed parking਍ഀ date. This calendar is subject to change as more events are added to the various਍ഀ schedules of the user groups at Ford Park. Council agreed it was no longer necessary to਍ഀ bring the proposal before Council.਍ഀ • ECO Trails Committee Names 2008 Trail Supporters.਍ഀ Cleveland said the town had been honored for their continued support of ECO Trails.਍ഀ --Presentation of Same Store Sales reports in both Vail Village and LionsHead during਍ഀ summer 2008 compared to 2007, as well as a preview of market forces affecting travel਍ഀ during the 2008/2009 ski season਍ഀ Council requested a report detailing same store sales for summer 2008 compared to਍ഀ 2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisor਍ഀ Group compiled the information and presented it to Council while highlighting the਍ഀ following:਍ഀ --"Same Store" Report Set.਍ഀ --Economic and Travel Indicators.਍ഀ --Market Forces.਍ഀ --Transient Occupancy Study.਍ഀ --Reservation Activity Outlook as of November 30, 2008.਍ഀ For details, contact Kelli McDonald at 479-2454.਍ഀ --Ordinance No. 32, Series of 2008, an emergency ordinance amending Ordinance No.਍ഀ 20, Series of 2008; prescribing other details in connection therewith; and declaring an਍ഀ emergency਍ഀ Budget and Financial Reporting Manager Kathleen Halloran reported the town issued਍ഀ $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance਍ഀ certain bonds outstanding at that time. The bonds were issued with interest rates਍ഀ ranging from 4.25% to 4.5% with maturities through 2012. On September 16, 2008,਍ഀ Council approved Ordinance No. 20, Series of 2008, authorizing the issuance of Sales਍ഀ Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing the਍ഀ outstanding 1998A bonds at a lower interest rate with the same maturity. "Issuance of਍ഀ the new bonds has been delayed due to market conditions... Conditions are presently at਍ഀ a point where it is advisable to issue the bonds. Because of the delay in marketing the਍ഀ bonds, however, the "redemption date" specified in the original ordinance has passed਍ഀ and it is necessary to amend Ordinance No. 20 redefining the redemption date." An਍ഀ emergency ordinance was requested so the bonds could be marketed immediately.਍ഀ Rogers moved to approve the ordinance with Gordon seconding. Halloran noted, "Rates਍ഀ are six to eight basis points from our targeted savings ($188,000)." Cleveland and Daly਍ഀ asked if the town could save more money by paying the bonds off immediately. Council਍ഀ agreed to direct staff to examine the benefits of paying the bonds off. Rogers stated, "I਍ഀ don't feel like I have enough information to make a good decision." The motion passed਍ഀ unanimously, 6-0. For details, contact Judy Camp at 479-2119.਍ഀ --Second reading of Ordinance No. 29, Series of 2008, An Ordinance making਍ഀ supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund,਍ഀ Real Estate Transfer Tax Fund, and Debt Service Fund of the 2008 Budget for the Town਍ഀ of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth਍ഀ herein਍ഀ Gordon moved to pass the ordinance with Rogers seconding. The motion passed਍ഀ unanimously, 6-0. For details, contact Kathleen Halloran at 479-2116.਍ഀ --First reading of Ordinance No. 31, Series of 2008, for prescribed regulations਍ഀ amendments to Section 12-13, Employee Housing, Vail Town Code, to establish a deed-਍ഀ restriction exchange program਍ഀ Housing Coordinator Nina Timm stated that on June 3, 2008, Council directed the਍ഀ Community Development Department to prepare amendments to the Vail Town Code to਍ഀ establish an Employee Housing Unit (EHU) deed restriction exchange program. On਍ഀ October 28 2008, the Vail Local Housing Authority (VLHA) held a public hearing and਍ഀ reviewed and forwarded a recommendation of approval to Council for the proposed text਍ഀ amendments to the Zoning Regulations. On December 8, 2008, the PEC voted 5-0-0 to਍ഀ forward a recommendation of approval, pursuant to Section 12-3-7, Amendment, Vail਍ഀ Town Code, for prescribed regulations amendments to Section 12-13, Employee਍ഀ Housing, Vail Town Code, to provide additional regulations establishing a deed-਍ഀ restriction exchange program. Rogers and Daly questioned the actual incentive value of਍ഀ the ordinance and questioned the role of town financing. Mire clarified, "You could start਍ഀ a new program if you warranted it necessary after you started this program." Rogers਍ഀ clarified, "With this ordinance we are selling square footage back to the owners of these਍ഀ properties." During a pause for public comment, VLHA member Steve Lindstrom਍ഀ commented, "We are looking to further the goal of providing more housing in town, and਍ഀ we feel like this is a step along the way... We can modify it...We are just recommending਍ഀ this as a first step, this is a living document that can be changed." Rogers moved to਍ഀ approve the ordinance (with conditions no dollars would go to property owners) with਍ഀ Foley seconding. The motion passed unanimously, 6-0. Cleveland said the purpose of਍ഀ the ordinance was to try to create immediate housing. For more information, contact਍ഀ Nina Timm at 479-2144.਍ഀ --First reading of Ordinance No. 33, Series of 2008, for prescribed regulations਍ഀ amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow for਍ഀ amendments to the open house sign regulations਍ഀ At its November 4, 2008, public hearing, Council directed staff to prepare text਍ഀ amendments to update the town's open house sign regulations. On December 8, 2008,਍ഀ the PEC voted 4-0-1 (Kurz recused) to forward a recommendation of approval, with਍ഀ modifications, for prescribed regulation amendments, pursuant to Section 11-3-3,਍ഀ Prescribed Regulation Amendment, Vail Town Code, to amend Section 11-7-10, Open਍ഀ House Signs, Vail Town Code, to allow for changes to the open house signs regulations.਍ഀ Planner Bill Gibson clarified open house signs were not allowed to be placed on the਍ഀ Frontage Roads and 1-70 as they were under the purview of the state and federal਍ഀ government. Rogers clarified real estate agents were probably unaware of public right-਍ഀ of-way issues. Gibson emphasized, "We want to ensure they (realtors) are in fact਍ഀ advertising an open house event and not creating a defacto `for sale' sign." Daly moved਍ഀ to approve the ordinance with Hitt seconding. During a pause for public comment Vail਍ഀ Board of Realtors representative Matt Fitzgerald spoke in support of the ordinance. Vail਍ഀ Homeowner's Association representative Jim Lamont said too many signs may create਍ഀ an image that the community is losing its value. The motion passed 5-1 with Cleveland਍ഀ opposed. Cleveland commented, "I think this is a solution looking for a problem." For਍ഀ more information, contact Bill Gibson at 479-2173.਍ഀ Rogers left the meeting.਍ഀ --Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting਍ഀ Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the਍ഀ approved development plan for Phase III of Special Development District No. 6,਍ഀ pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the਍ഀ conversion of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1਍ഀ Planner Nicole Peterson announced that on December 2, 2008, Council tabled the item਍ഀ to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the item਍ഀ to the December 2, 2008, hearing and requested examples of public benefits in other਍ഀ developments. On October 21, 2008, Council voted 5-2-0 to approve, with conditions,਍ഀ Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the PEC voted਍ഀ 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to਍ഀ Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. The਍ഀ applicant's legal representative Tim Devlin said his clients had proposed to provide 375਍ഀ square feet of employee housing as opposed to the required124. A lift to provide access਍ഀ for the disabled and vendors was also included in the proposal. Gordon moved to਍ഀ approve the ordinance with Daly seconding. Gordon commented, "I now feel there is਍ഀ significant public benefit to this project." The motion passed, 4-1 with Cleveland਍ഀ opposed. Cleveland commented he did not feel like the proposal was consistent with਍ഀ the Vail Village Master Plan. For details, contact Nicole Peterson at 479-3452.਍ഀ --Second Reading of Ordinance No. 30, Series of 2008, an Ordinance Amending Title 1,਍ഀ Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word਍ഀ "Publication"਍ഀ Town Attorney Matt Mire reported the 2009 budget passed on second reading on਍ഀ November 18, 2008. This 2009 budget eliminated funding for publication in the local਍ഀ papers. Section 4.10 of the Town Charter requires publication of ordinances upon their਍ഀ introduction and adoption. The Town Charter does not define what is required by਍ഀ "publication." In 2007, the Town spent $19,693 for publication of its ordinances in the਍ഀ Vail Daily, requiring the Town Clerk to increase the office advertising budget during the਍ഀ third supplemental appropriation by an additional $12,000. The Town Clerk has਍ഀ currently spent approximately $19,500 of the 2008 budget on publication of ordinances.਍ഀ Daly said he believed there should be an ordinance mandating that the town's agendas਍ഀ should be published in the newspaper. He then moved to approve the ordinance with਍ഀ Gordon seconding. Hitt and Foley said they thought the ordinance was premature. The਍ഀ motion failed 3-2, with Hitt and Foley opposed. (Four votes, or a majority of the full਍ഀ Council is required to pass an ordinance on seconding reading as per Town Code.)਍ഀ Gordon then moved to table the item until January 6, 2009, with Daly seconding. The਍ഀ motion passed 3-2 with Foley and Hitt opposed. For details, contact Matt Mire at 479-਍ഀ 2460.਍ഀ --Approval of Resolution No. 27, Series of 2008Vail Economic Development Strategic਍ഀ Plan.਍ഀ The Vail Economic Advisory Council (VEAC)and Town of Vail, represented by Town of਍ഀ Vail Economic Development Manager Kelli McDonald requested Council perform a final਍ഀ review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economic਍ഀ Development Strategic Plan. In order to facilitate the implementation of the adopted਍ഀ vision and goals, Council requested a Vail Economic Development Strategic Plan.਍ഀ Council approved the vision, mission and goals of the strategic plan on July 15, 2008.਍ഀ The creation of the plan has been spearheaded by the Economic Development਍ഀ Department and the Vail Economic Advisory Council, with the assistance of the major਍ഀ contributors listed in the plan. The process to complete the Economic Development਍ഀ Strategic Plan involved the following:਍ഀ • An inventory of Vail economic, financial, marketing, and closely related studies, reports਍ഀ and plans.਍ഀ • A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by the਍ഀ Vail Economic Advisory Council.਍ഀ • Research and gathering of similar community economic development studies, plans਍ഀ and tools. (Special thank you to the communities of Breckenridge, Park City and਍ഀ Steamboat Springs).਍ഀ • A thorough analysis of the inventory to determine the long-term implications of such਍ഀ data.਍ഀ • A creative interpolation of the vision and goals adopted by the community and Council,਍ഀ combined with the inventory, research and analysis, to create a realistic and਍ഀ achievable Economic Development Strategic Plan for the Town of Vail.਍ഀ • Vision, mission and goals approved by Vail Town Council July 15, 2008.਍ഀ • Adopted by Vail Economic Advisory Council November 11, 2008.਍ഀ • Presented to Commission on Special Events November 18, 2008.਍ഀ • Presented to Vail Local Marketing District Advisory Council November 20, 2008.਍ഀ • Presented to Planning and Environmental Commission November 24, 2008.਍ഀ • Presented to Town of Vail Directors Staff December 4, 2008.਍ഀ Daly said he wanted the VEAC to really become an active component of keeping Vail਍ഀ competitive in the global market. During a pause for public comment, Kaye Ferry਍ഀ reminded Council that a recent Northwest Colorado Council of Governments study਍ഀ showed second homeowners were the largest economic drivers in resort communities.਍ഀ Daly moved to approve the resolution with Gordon seconding. McDonald reported਍ഀ Council would receive their first "economic indicator" report before the end of the first਍ഀ quarter in 2009. The motion passed unanimously, 5-0. For details, contact Kelli਍ഀ McDonald at 479-2454.਍ഀ --Adjournment.਍ഀ Foley moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motion਍ഀ passed unanimously, 5-0.਍ഀ UPCOMING DISCUSSION TOPICS਍ഀ 01-06-09 Work Session, Start time TBD਍ഀ --PEC/DRB Update.਍ഀ --Hanson Ranch Road proposed skier drop-off transition update.਍ഀ --Development Review Fees.਍ഀ --Resolution No. 1, Series of 2009. (Environmental Strategic Plan)਍ഀ --Resolution No. 2, Series of 2009. (Chamonix Master Planning)਍ഀ --Resolution No. 3, Series of 2009. (Public Posting)਍ഀ --Information Update.਍ഀ --Matters from Mayor & Council.਍ഀ --Executive Session / Personnel Evaluations.਍ഀ --Adjournment.਍ഀ 01-06-09 Evening Session, Start time TBD਍ഀ --Citizen Input.਍ഀ --Town Manager's Report.਍ഀ a. Revenue Update.਍ഀ --Consent Agenda.਍ഀ a. Approval of 12.02.08 and 12.16.08 Town Council Minutes.਍ഀ --Second Reading of Ordinance No. 30, Series of 2008, an Ordinance Amending Title 1,਍ഀ Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word਍ഀ "Publication"; and Setting Forth Details in Regard Thereto.਍ഀ --Second reading of Ordinance No. 31, Series of 2008, for prescribed regulations਍ഀ amendments to Section 12-13, Employee Housing, Vail Town Code, to establish a deed-਍ഀ restriction exchange program, and setting forth details in regard thereto.਍ഀ --Second reading of Ordinance No. 33, Series of 2008, for prescribed regulations਍ഀ amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow for਍ഀ amendments to the open house sign regulations, and setting forth details in regard਍ഀ thereto.਍ഀ --Resolution No. 1, Series of 2009. (Environmental Strategic Plan)਍ഀ --Resolution No. 2, Series of 2009. (Chamonix Master Planning)਍ഀ --Resolution No. 3, Series of 2009. (Public Posting)਍ഀ --Resolution determining official posting sites.਍ഀ --Adjournment.਍ഀ MEMORANDUM਍ഀ TO: Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: December 16, 2008਍ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,਍ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village਍ഀ Inn, amending the approved development plan for Phase III of SDD No.਍ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town਍ഀ Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard,਍ഀ LLC਍ഀ Planner: Nicole Peterson਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ This SDD major amendment ordinance request includes the conversion of਍ഀ existing office and retail space to residential for an approximate 1,237 gross਍ഀ residential square foot addition to existing residential unit #110. The proposed਍ഀ addition is immediately below the existing unit #110 and includes a new exterior਍ഀ entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, two bedrooms and three bathrooms. The proposal also਍ഀ includes the interior reconfiguration of the existing unit #110 level 105.0' and਍ഀ minor exterior alterations. The proposal does not include any additions outside਍ഀ the exterior walls of the existing building. The addition area is currently occupied਍ഀ by three commercial lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ Since the December 2, 2008, Town Council hearing, the applicant has changed਍ഀ the proposal to include a 964 square foot, deed restricted employee housing unit਍ഀ (EHU) on Bellflower Drive. The applicant is required to provide the equivalent of਍ഀ 123.7 square feet of EHU floor area under Section 12-24 Inclusionary Zoning,਍ഀ Vail Town Code. The applicant is proposing to offer 38.9% of the 964 square਍ഀ foot unit, or 375 square feet of the EHU (3x the required square footage), as part਍ഀ of this proposal, which is 251.3 square feet more than the requirement. The਍ഀ remaining 589 square feet (964 square foot unit - 375 square feet in this਍ഀ proposal = 589 square feet remaining) of the EHU shall be credited in the਍ഀ applicant's mitigation bank, under Section 12-24-7 Mitigation Bank, Vail Town਍ഀ Code.਍ഀ 1਍ഀ II. BACKGROUND਍ഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,਍ഀ recommended that the Council approves the request with conditions਍ഀ The Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce਍ഀ recused) to forward the recommendation of approval. The two votes਍ഀ recommending approval are summarized below from the meeting minutes of਍ഀ October 13, 2008:਍ഀ Commissioner Tjossem, believes that this area is not vibrant and਍ഀ there is a precedence for conversion set. She believes the਍ഀ conversion is appropriate.਍ഀ Commissioner Kjesbo stated that he agreed with Commissioner਍ഀ Kurz, that it is difficult to predict the Solaris tunnel effect on the਍ഀ amount of pedestrian traffic in the plaza. He also stated that his਍ഀ vote of support, if a motion where made to forward a਍ഀ recommendation of approval, would be based on the opinion that਍ഀ the `To Catch a Cook' retail space is a second story retail area,਍ഀ and thus is comparable to the previous approvals of 2nd and 3rd਍ഀ story commercial conversions to residential.਍ഀ The one vote (in opposition to the motion) recommending denial is summarized਍ഀ below from the meeting minutes of October 13, 2008:਍ഀ Commissioner Kurz, stated that he has not served on previous਍ഀ Commissions and therefore, cannot comment on how the਍ഀ precedence of retail to residential in this area came to be. He਍ഀ added that he could not predict the amount of pedestrian traffic in਍ഀ the future, as a result of the Solaris tunnel. He stated concern that਍ഀ this is a permanent change and does not believe the application਍ഀ adheres to the Vail Village Master Plan.਍ഀ The Town Council, at the October 21, 2008 Council meeting, approved਍ഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions.਍ഀ Updates regarding the following conditions are stated after each condition਍ഀ in bold italics:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal਍ഀ demolition of the walkway on the east side of the subject property, by਍ഀ submitting a Design Review application, prior to the submittal of a Design਍ഀ Review application for the exterior changes associated with this਍ഀ conversion. The Design Review Board at their November 19, 2008਍ഀ meeting approved the demolition of the walkway on the east side of਍ഀ the subject property, rendering this condition unnecessary.਍ഀ 2. The applicant shall comply with all Building Code requirements for਍ഀ ingress, egress, and accessibility for Vail Village Inn Phase III which may਍ഀ include improvements to the public walkway, along the east side of the਍ഀ subject property, from the pedestrian plaza to Meadow drive. Compliance਍ഀ shall be demonstrated in conjunction with Building Permit submittal. The਍ഀ Building Official, in his October 20, 2008 email to Staff states, in਍ഀ 2਍ഀ summary, that any addition/ alteration to the site will require 20% of਍ഀ the construction project cost to be spent towards accessibility਍ഀ (Section 3409.5 and 3409.6 IBC) because the subject building #2 is਍ഀ not handicap accessible. The monies collected thru this਍ഀ requirement may be spent anywhere on site, that increases਍ഀ accessibility to building #2 (not necessarily for the public walkway਍ഀ along the east side of the subject property). The email renders this਍ഀ condition unnecessary.਍ഀ 3. The applicant shall install or cause to be installed, a new loading and਍ഀ delivery connection on the west end of the existing underground parking਍ഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza's਍ഀ existing loading and delivery garage door at the east end of the਍ഀ underground parking garage, accessed off the South Frontage Road,਍ഀ prior to the issuance of a building permit. The applicant has submitted਍ഀ a building permit application (608-0398) to construct a new garage਍ഀ door connection at the location specified in the above condition.਍ഀ The permit application is in review, awaiting further information from਍ഀ the applicant.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24,਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of਍ഀ $37,314.11, prior to the issuance of a building permit. The applicant has਍ഀ stated, at previous meetings, that they are willing to pay the fee-in-਍ഀ lieu for the Inclusionary Zoning requirement. It was suggested, at਍ഀ the December 2, 2008 Town Council hearing that the applicant shall਍ഀ increase the amount from the required 10% of net new residential਍ഀ (123.7sf x $301.65 = $37,314.11) to 50% (618.5 x $301.65 =਍ഀ $186,570.52) as a proposed public benefit.਍ഀ 5. The applicant shall receive Design Review Board approval for the਍ഀ proposal, prior to submitting a building permit application.਍ഀ 6. The applicant shall facilitate the dedication and recording of a public਍ഀ easement over the existing pocket park located directly north of the਍ഀ proposed front door of Unit #110 in a form acceptable to the Town਍ഀ Attorney. A copy of the recorded easement shall be submitted in prior to਍ഀ release of the Building Permit. At the November 4, 2008 meeting,਍ഀ Town Attorney, Matt Mire, stated that this condition is not਍ഀ enforceable by law, rendering this condition unnecessary.਍ഀ The Town Council, at the November 4, 2008 meeting tabled Ordinance No. 22,਍ഀ Series of 2008, on second reading and requested Staff provide an analysis of the਍ഀ public benefits of the project.਍ഀ As stated above, at the November 4, 2008 meeting, Town Attorney, Matt Mire,਍ഀ stated that the condition to facilitate the dedication of an easement over the਍ഀ existing pocket park, was not enforceable by law. This conclusion was a major਍ഀ concern for the Council, and therefore they requested an analysis of other਍ഀ developments and the proposed public benefits.਍ഀ The Town Council at the December 2, 2008 meeting tabled Ordinance No. 22,਍ഀ Series of 2008, on second reading and requested the applicant reconsider the਍ഀ public benefits associated with the proposal.਍ഀ At the December 2, 2008 Town Council meeting, Staff provided a report of recent਍ഀ 3਍ഀ development public benefits and minutes of the November 4, 2008 Town Council਍ഀ meeting for the Council's review. Staff also gave a presentation explaining the਍ഀ applicant's proposed loading and delivery improvements, including a਍ഀ delivery/wheelchair lift and garage door connection on the west end of the਍ഀ existing underground parking garage, which were proposed as public benefits.਍ഀ The Community Development Department recommends that the Town Council਍ഀ deny the request based on the review criteria and findings found in Section VII of਍ഀ Staff's October 13, 2008 memorandum to the Planning and Environmental਍ഀ Commission.਍ഀ III. PUBLIC BENEFIT ANALYSIS਍ഀ Does the proposed public benefit of providing an accessibility and਍ഀ delivery lift that strengthens the connectivity and pedestrianization਍ഀ of SDD No. 6, Vail Village Inn and additional EHU area (251.3 square਍ഀ feet over the requirement) outweigh the adverse effects of਍ഀ converting 1,237 square feet of commercial space to residential?਍ഀ According to 12-9A-9 Special Development (SDD) District, Development਍ഀ Standards, Vail Town Code, the public benefit of a project shall outweigh the਍ഀ adverse effects of the deviation, as stated below:਍ഀ 12-9A-9: Special Development District, Development Standards਍ഀ Development standards including lot area, site dimensions,਍ഀ setbacks, height, density control, site coverage, landscaping and਍ഀ parking shall be determined by the town council as part of the਍ഀ approved development plan with consideration of the਍ഀ recommendations of the planning and environmental commission.਍ഀ Before the town council approves development standards that਍ഀ deviate from the underlying zone district, it should be determined਍ഀ that such deviation provides benefits to the town that outweigh 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 section 12-਍ഀ 9A-8 of this article.਍ഀ The applicant is proposing additional GRFA (1,237 square feet) which is the਍ഀ deviation from the approved SDD No. 6, Vail Village Inn development plan. Staff਍ഀ believes the adverse effect of the proposal is the loss of commercial space on਍ഀ the pedestrian plaza.਍ഀ For comparison purposes, Staff has created a table, below, that includes the਍ഀ previous two conversions within SDD No. 6, Vail Village Inn. The table compares਍ഀ each of the project's conversion area, linear feet on a pedestrian plaza, deviation਍ഀ request, adverse effects and public benefits with estimated dollar amounts.਍ഀ 4਍ഀ ;Project਍ഀ Converted਍ഀ I਍ഀ Linear਍ഀ Deviation (਍ഀ Adverse 4਍ഀ Public਍ഀ Benefit਍ഀ Commercial `਍ഀ Feet on਍ഀ Requested਍ഀ Effects਍ഀ Square਍ഀ J਍ഀ Pedestri਍ഀ Footage਍ഀ Plaza਍ഀ an਍ഀ Ordinance਍ഀ 2,132 (700਍ഀ ਍ഀ .਍ഀ 70 feet਍ഀ Additional਍ഀ Loss of਍ഀ None ($0)਍ഀ 32; Series਍ഀ sf on਍ഀ GRFA਍ഀ commercial਍ഀ of 2003਍ഀ pedestrian਍ഀ space on a਍ഀ Conversion,਍ഀ level)਍ഀ pedestrian਍ഀ AI enrose)਍ഀ plaza਍ഀ Ordinance਍ഀ 1,158 (107਍ഀ 18 feet਍ഀ Additional਍ഀ Loss of਍ഀ -245 sf of heated paver਍ഀ No. 6;਍ഀ sf on਍ഀ GRFA਍ഀ commercial਍ഀ streetscape on Meadow਍ഀ Series of਍ഀ pedestrian਍ഀ space on a਍ഀ Drive (245 sf x $110਍ഀ 2005਍ഀ level)਍ഀ pedestrian਍ഀ per sf = $26,950)਍ഀ Conversion਍ഀ plaza਍ഀ (Phoenix਍ഀ Rising)਍ഀ Proposed਍ഀ 1,237 (All on਍ഀ 12 feet਍ഀ Additional਍ഀ Loss of਍ഀ Accessibility and਍ഀ ,Ordinance਍ഀ pedestrian਍ഀ GRFA਍ഀ commercial਍ഀ delivery lift਍ഀ No. 22,਍ഀ level)਍ഀ space on a਍ഀ (--$41,200) &਍ഀ Series of਍ഀ pedestrian਍ഀ Additional EHU area =਍ഀ -24013਍ഀ i਍ഀ plaza਍ഀ 251.3 sf over਍ഀ requirement (251.3 x਍ഀ $301.65 per sf਍ഀ $75,804.64)਍ഀ Total = $117,004.64਍ഀ Staff believes that if the Council chose to approve the request, then the public਍ഀ benefit should outweigh the adverse effect of losing commercial space on the਍ഀ pedestrian plaza and that the public benefits should further the goals and਍ഀ objectives of the Vail Village Master Plan, stated below. The proposed਍ഀ accessibility and delivery lift could be considered a public benefit that furthers the਍ഀ goals and objectives of the Vail Village Master Plan, stated below:਍ഀ Vail Village Master Plan਍ഀ Mixed Use Sub-Area #1 (Includes SDD No. 6, Vail Village Inn)਍ഀ The Mixed-Use sub-area is a prominent activity center for Vail Village. It is਍ഀ distinguished from the Village core by the larger scale buildings and by the਍ഀ limited auto traffic along East Meadow Drive. Comprised of five major਍ഀ development projects, this sub-area is characterized by a mixture of਍ഀ residential/lodging and commercial activity.਍ഀ It is also a long term goal to strengthen the connection between this area and the਍ഀ Village core area by reinforcing the established pedestrian linkages.਍ഀ Pedestrianization in this area may; benefit from the development of retail infill਍ഀ with associated pedestrian improvements along East Meadow Drive and the਍ഀ development of public access to Gore Creek.਍ഀ Mixed Use Sub-Area #1-1 Vail Village Inn਍ഀ Final phase of Vail Village Inn project to be completed as established by਍ഀ development plan for SDD #6. Commercial development at ground, level to਍ഀ frame interior plaza with greenspace. Mass of buildings shall "step up" from਍ഀ existing pedestrian scale along Meadow Drive to 4-5 stories along the Frontage਍ഀ Road.਍ഀ 5਍ഀ Parking and Circulation Plan਍ഀ The pedestrian plaza that fronts the subject commercial area, is highlighted as਍ഀ part of the Village pedestrian network, illustrated in the Vail Village Master Plan -਍ഀ 'Parking and Circulation Plan' (below). The proposed accessibility and delivery਍ഀ lift addresses pedestrianization and connectivity within SDD No. 6, Vail Village਍ഀ Inn.਍ഀ The above Parking and Circulation Plan illustrates the 'Village pedestrian਍ഀ network' as designated in the Vail Village Master Plan. The circle is the area of਍ഀ the proposed conversion from commercial to residential. The shaded line਍ഀ running east/west thru the circle is a designated 'walking path.' The Vail Village਍ഀ Master Plan states the following, regarding the Parking and Circulation Plan:਍ഀ Aesthetic, as well as functional considerations are important to the Village's਍ഀ circulation system. A long standing goal for the Village has been to improve the਍ഀ pedestrian experience through the development of a continuous network of paths਍ഀ and walkways. As a result, the irregular street pattern in the Village has been਍ഀ enhanced with, numerous pedestrian connections linking "plazas with਍ഀ greenspace" and other forms of open space. Located in and along this network਍ഀ are most of the Village's retail and entertainment activities. While the majority of਍ഀ the circulation system within the Village is in place, a number of major਍ഀ improvements are proposed to reinforce and increase existing pedestrian਍ഀ connections, facilitate access to public land along stream tracts, and further਍ഀ reduce vehicular activity in the core area.਍ഀ 6਍ഀ IV. ACTION REQUESTED OF COUNCIL਍ഀ Should the Council choose to approve this amendment to Special Development਍ഀ District No. 6, the Council may make the following motion:਍ഀ "The Town Council approves, with conditions, the second reading of਍ഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance਍ഀ No. 6, Series of 2005, Vail Village Inn, amending the approved਍ഀ development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A-਍ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversion਍ഀ of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail਍ഀ Village Filing 1, and setting forth details in regard thereto."਍ഀ Should the Council choose to approve this amendment, the Council may make਍ഀ the following conditions:਍ഀ 1. The applicant shall provide a recorded deed restriction,਍ഀ acceptable to the Town Attorney, for an employee housing unit on਍ഀ Bellflower Drive that is a minimum of 964 square feet, acceptable਍ഀ to the Zoning Administrator, prior to the issuance of a building਍ഀ permit.਍ഀ 2. The applicant shall install an accessibility and delivery lift located਍ഀ near Osaki's, prior to the issuance of a temporary certificate of਍ഀ occupancy or certificate of occupancy. The applicant shall submit਍ഀ a development plan that reflects the location, installation਍ഀ specifications and documentation for the maintenance and repair਍ഀ of said accessibility and delivery lift, for review and approval by਍ഀ the Town Attorney and Zoning Administrator, prior to the issuance਍ഀ of a building permit.਍ഀ Should the Council choose to approve this amendment, the Council may make਍ഀ the following findings:਍ഀ 1. 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; and਍ഀ 2. That the amendment furthers the general and specific purposes of਍ഀ the Zoning Regulations; and਍ഀ 3. That the amendment promotes the health, safety, morals, and਍ഀ general welfare of the Town, and promotes the coordinated and਍ഀ harmonious development of the Town in a manner that conserves਍ഀ and enhances its natural environment and its established਍ഀ character as a resort and residential community of the highest਍ഀ quality.਍ഀ IV. ATTACHMENTS਍ഀ Ordinance No. 22, Series of 2008, second reading਍ഀ 7਍ഀ ORDINANCE NO. 22਍ഀ Series of 2008਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2005,਍ഀ AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD NO. 6,਍ഀ PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO਍ഀ ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO਍ഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68਍ഀ MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH਍ഀ DETAILS IN REGARD THERETO.਍ഀ WHEREAS, amendments to a Special Development District are permitted pursuant to਍ഀ parameters set forth for such in Section 12-9A-10 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 October 13, 2008 to consider the proposed amendment in accordance with the਍ഀ provisions of the Town Code of the Town of Vail and forwarded a 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 Special਍ഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail਍ഀ Town Code and that the applicant has demonstrated that any adverse effects of the requested਍ഀ deviations from the development standards of the underlying zoning are outweighed by the public਍ഀ benefits provided; and਍ഀ WHEREAS, the approval of the major amendment to Special Development District No. 6,਍ഀ 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 of the public health,਍ഀ safety, and welfare to adopt the proposed amendments to Special Development District No. 6਍ഀ Ordinance No. 22, Series 2008਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO, THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with StFikethr,,, ,,.h਍ഀ Section 1. Purpose of the Ordinance਍ഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase਍ഀ 111 of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial space to਍ഀ residential for an addition to an existing dwelling unit.਍ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Report਍ഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled਍ഀ and the Vail Town Council has received the recommendation of approval from the Planning &਍ഀ Environmental Commission for the major amendment to Special Development District No. 6, Vail਍ഀ Village Inn. 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, is hereby amended to assure comprehensive਍ഀ development and use of the area in a manner that would be harmonious with the general character਍ഀ of the Town, provide adequate open space and recreation amenities, and promote the goals,਍ഀ objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No.਍ഀ 6, Vail Village Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail਍ഀ Town Council and the Planning & Environmental Commission, and has been amended because਍ഀ there are significant aspects of the Special Development District that cannot be satisfied through the਍ഀ imposition of the standard Public Accommodation zone district requirements.਍ഀ Ordinance No. 22, Series 2008 2਍ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Inn਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase਍ഀ lll, shall include the following plans and materials prepared by Blue Line Architects, dated਍ഀ September 24, 2008:਍ഀ a. A1.3. Parking Map਍ഀ b. A2.1. Level 95.0 Existing਍ഀ C. A2.2. Level 95.0 Proposed਍ഀ d. A2.3. Level 105.0 Existing਍ഀ e. A2.4. Level 105.0 Proposed਍ഀ L A2.5. Level 114.4 Existing਍ഀ g. A3.1 Exterior elevations਍ഀ h. A3.2 Exterior elevations਍ഀ i. A5.1. Vicinity Map਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, 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 March 1, 2005:਍ഀ a. A200. Level One Floor Plan਍ഀ b. A201. Level Two Floor Plan਍ഀ C. A202. Level Three Floor Plan਍ഀ d. A301. North & South Elevations਍ഀ e. A302. East & West Elevations਍ഀ Ordinance No. 22, Series 2008 3਍ഀ Density-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਍ഀ Density - Gross Residential Floor Area -਍ഀ The gross residential floor area (GRFA) in Special Development District No. 6, Vail Village Inn,਍ഀ Phase III, which accounts for residential square footage only, shall not exceed the following:਍ഀ GRFA - 187,798 Square Feet਍ഀ Other Development Standards਍ഀ No other development standards are amended by this ordinance.਍ഀ Section 5. Conditions of Approval਍ഀ The following conditions of approval shall become part of the Town's approval of the establishment਍ഀ of Special Development District No. 6, Vail Village Inn:਍ഀ 1. The applicant shall provide a recorded deed restriction, acceptable to the Town਍ഀ Attorney, for an employee housing unit on Bellflower Drive that is a minimum of 964 square਍ഀ feet, acceptable to the Zoning Administrator, prior to the issuance of a building permit.਍ഀ 2. The applicant shall install an accessibility and delivery lift located near Osaki's, prior਍ഀ to the issuance of a temporary certificate of occupancy or certificate of occupancy. The਍ഀ applicant shall submit a development plan that reflects the location, installation਍ഀ specifications and documentation for the maintenance and repair of said accessibility and਍ഀ delivery lift, for review and approval by the Town Attorney and Zoning Administrator, prior to਍ഀ the issuance of a building permit.਍ഀ Ordinance No. 22, Series 2008 4਍ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for਍ഀ any reason held to be invalid, such decision shall not effect the validity of the remaining portions of਍ഀ this ordinance; and the Town Council hereby declares it would have passed this ordinance, and਍ഀ each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any਍ഀ one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 7. The amendment of any provision of the Town Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to਍ഀ the effective date hereof, any prosecution commenced, 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 8. 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.਍ഀ Ordinance No. 22, Series 2008਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN਍ഀ FULL ON FIRST READING this 21St day of October, 2008 and a public hearing for second reading਍ഀ of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vail਍ഀ Municipal Building, Vail, Colorado.਍ഀ Richard Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of਍ഀ December, 2008.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ Ordinance No. 22, Series 2008 6਍ഀ PLANNING AND ENVIRONMENTAL COMMISSION਍ഀ September 22, 2008਍ഀ 1:OOpm਍ഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME਍ഀ 75 S. Frontage Road - Vail, Colorado, 81657਍ഀ MEMBERS PRESENT MEMBERS ABSENT਍ഀ Site Visits:਍ഀ 1. Village Inn Plaza, 68 Meadow Drive਍ഀ 20 Minutes਍ഀ 1. A request for a final recommendation to the Vail Town Council on a major amendment to Special਍ഀ Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development਍ഀ District, Vail Town Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68 Meadow Drive (Village Inn਍ഀ Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.਍ഀ (PEC080049)਍ഀ Applicant: Colorado Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 60 Minutes਍ഀ 2. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-਍ഀ 7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to਍ഀ Section 12-71-1-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-71-1-3,਍ഀ Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional਍ഀ Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the਍ഀ Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference਍ഀ facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor,਍ഀ and an eating and drinking establishment on the second floor, located at 250 South Frontage਍ഀ Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033)਍ഀ Applicant: HCT Development, represented by TJ Brink਍ഀ Planner: Rachel Friede਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 5 Minutes਍ഀ 3. A request for a final recommendation pursuant to Section 12-22-4, Adoption of View Corridors਍ഀ and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and਍ഀ amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in਍ഀ Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead਍ഀ Redevelopment Master Plan, and setting forth details in regard thereto. (PEC080051)਍ഀ Applicant: Town of Vail/Vail Resorts Inc.਍ഀ Planner: George Ruther/Gerry Arnold਍ഀ ACTION: Table to October 13, 2008਍ഀ MOTION: SECOND: VOTE:਍ഀ 4. Approval of September 8, 2008 minutes਍ഀ Page 1਍ഀ MOTION: SECOND: VOTE:਍ഀ 5. Information Update਍ഀ Town Council's appeal of the PEC's approval of Vail Resort's temporary business office is਍ഀ scheduled for Tuesday, October 71h਍ഀ 6. Adjournment਍ഀ MOTION: SECOND: VOTE:਍ഀ The applications and information about the proposals are available for public inspection during regular਍ഀ office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The਍ഀ public is invited to attend the project orientation and the site visits that precede the public hearing in the਍ഀ Town of Vail Community Development Department. Please call (970) 479-2138 for additional਍ഀ information.਍ഀ Sign language interpretation is available upon request with 24-hour notification. Please call (970)਍ഀ 479-2356, Telephone for the Hearing Impaired, for information.਍ഀ Community Development Department਍ഀ Published September 19, 2008, in the Vail Daily.਍ഀ Page 2਍ഀ 1OWNOF VA(L'਍ഀ Development Review Team & Construction Update਍ഀ Community Development Large Conference Room਍ഀ Wednesday at 9:00am਍ഀ August 13, 2008਍ഀ AGENDA਍ഀ 9:00 Development Review Team਍ഀ Purpose: Provide coordination and input across Departments on proposed development proposals਍ഀ Staff Item / Topic Description Time਍ഀ WC 1. Planning Department Updates 10 minutes਍ഀ BW 2. Code Enforcement Update 5 minutes਍ഀ MH 3. Open House Policy 10 minutes਍ഀ FH 4. TOV's requirement to have the garage floor drains and sumps਍ഀ connecting into sanitary sewer instead of storm sewer systems 10 minutes਍ഀ FH 5. Private uses of TOV Right of Ways 5 minutes਍ഀ NP 6. VVI Phase II conversion of commercial to GRFA - Project਍ഀ Introduction - PW and Building 10 minutes਍ഀ 10:30 Construction Update਍ഀ Purpose: Provide staff coordination on public and private construction projects਍ഀ 1. Update from Lionshead - LS 10 minutes਍ഀ 2. Update from Village 10 minutes਍ഀ 3. Other ROW/Utility Issues 10 minutes਍ഀ 4. Noise Ordinance - see attached information 15 minutes਍ഀ Other - 5 minutes਍ഀ DRB/PEC Updates 5 minutes਍ഀ 't਍ഀ U 1n G15~ ks /t;~ncj਍ഀ J਍ഀ J਍ഀ (08/19/2008) Nicole Peterson - Village Inn Plaza Page 1਍ഀ From: Martin Haeberle਍ഀ To: Nicole Peterson਍ഀ Date: 08/15/2008 7:32 AM਍ഀ Subject: Village Inn Plaza਍ഀ Nicole,਍ഀ I have the following concern in regards to the preliminary submital of this project:਍ഀ Condo Map:਍ഀ 1. Does the new condo unit require a revised plat map? If so, will the new fire walls and details be included in the plat as a਍ഀ common tenant maintenance structure? Also, would language be required to address possible penetrations for the exhaust਍ഀ systems, plumbing, etc?਍ഀ Site Plan:਍ഀ 1. The unit itself does not have to designed as an accessible unit . However, it is required to have an accessible entrance,਍ഀ accessible route from the public way, accessible route from accessible parking per section 3409 IBC This was not clearly਍ഀ identified on the plans.਍ഀ Thanks਍ഀ Martin਍ഀ Martin A. Haeberle, C.B.O.਍ഀ Chief Building Official਍ഀ Town of Vail਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657਍ഀ 970.479.2142 (o)਍ഀ 970.479.2452 (f)਍ഀ 970.376.3672 (c)਍ഀ 1਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: September 22, 2008਍ഀ SUBJECT: A request for a final recommendation to the Vail Town Council on a major਍ഀ amendment to Special Development District No. 6, Village Inn Plaza,਍ഀ pursuant to Article 12-9A, Special Development District, Vail Town Code,਍ഀ to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive (Village Inn Plaza)/Lot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ 1. SUMMARY਍ഀ The Applicant, Colondo Company, represented by Sherman & Howard, LLC, has਍ഀ requested final review by the Planning and Environmental Commission for a਍ഀ major amendment to Special Development District (SDD) No. 6, Village Inn਍ഀ Plaza, Phase III, to allow for the conversion of an existing office and retail space਍ഀ to residential for an addition to an existing dwelling unit, located at 68 Meadow਍ഀ Drive.਍ഀ Based upon Staff's review of the criteria outlined in Section VII of this਍ഀ memorandum and the evidence and testimony presented, the Community਍ഀ Development Department recommends the Planning and Environmental਍ഀ Commission forwards a recommendation of denial of the major amendment to਍ഀ SDD No. 6, Village Inn Plaza.਍ഀ II. DESCRIPTION OF THE REQUEST਍ഀ This major amendment request includes the conversion of existing office and਍ഀ retail space to residential for an approximate 1,483 square foot addition to਍ഀ existing residential unit #110. The proposed addition is immediately below the਍ഀ existing unit #110 (Plan sheet A2.2 - Level 95.0') and includes a new exterior਍ഀ entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, three bedrooms and four bathrooms. The proposal also਍ഀ includes the interior reconfiguration of the existing unit #110 level 105.0' and਍ഀ minor exterior alterations. The proposal does not include any additions outside਍ഀ the exterior walls of the existing building.਍ഀ 1਍ഀ c਍ഀ }਍ഀ The addition area is currently occupied by three lessees: a) Digits Nail Boutique਍ഀ (122 square feet of retail); b) Robinson, Mitchell & Associates (343 square feet of਍ഀ office), and c) the eastern one-third of To Catch a Cook (1,018 square feet of਍ഀ retail). The definition of a Major Amendment includes any proposal to change਍ഀ uses. Therefore, a major amendment to SDD No. 6, Village Inn Plaza, Phase III,਍ഀ is required, pursuant to Section 12-9A-2, Vail Town Code.਍ഀ III. BACKGROUND਍ഀ Special Development District No. 6, Vail Village Inn, was adopted by Ordinance਍ഀ No. 7, Series of 1976. The subject site was part of the original Town of Vail਍ഀ created in August of 1966. The subject site is part of Phase III of the Vail Village਍ഀ Inn Special Development District (SDD). The 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਍ഀ 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 (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਍ഀ Vail Town Code਍ഀ 12-9A: Special Development (SDD) District਍ഀ 2਍ഀ 12-9A-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 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਍ഀ 12-9A-2: DEFINITIONS (in part)਍ഀ Major Amendment: 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).਍ഀ 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please see਍ഀ section VII of this memo which states and discusses Section 12-9A-8.਍ഀ 12-7A: PUBLIC ACCOMODATION (PA) DISTRICT਍ഀ 12-7A-1: PURPOSE: The public accommodation district is intended to਍ഀ provide sites for lodges and residential accommodations for visitors,਍ഀ together with such public and semipublic facilities and limited professional਍ഀ offices, medical facilities, private recreation, commercial/retail and related਍ഀ visitor oriented uses as may appropriately be located within the same਍ഀ zone 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 zone district by establishing਍ഀ appropriate site development standards. Additional nonresidential uses਍ഀ are permitted as conditional uses which enhance the nature of Vail as a਍ഀ vacation community, and where permitted uses are intended to function਍ഀ compatibly with the high density lodging character of the zone district.਍ഀ Town of Vail Land Use Plan਍ഀ Chapter I - Introduction - 1. Purpose of Project (in part):਍ഀ This document is intended to serve as a basis from which future decisions may਍ഀ be made regarding land use within the Valley. The primary focus of the Land਍ഀ Use Plan has been to address the long-term needs and desires of the Town as it਍ഀ matures.਍ഀ Chapter II - Land Use Plan Goals and Policies:਍ഀ Staff has included the relevant Goals and Policies of the Land Use Plan in਍ഀ Section VII, Criteria D, of this memorandum.਍ഀ Vail Village Master Plan਍ഀ Staff has included the relevant Objectives and Policies of the Vail Village Master਍ഀ Plan in Section VII, Criteria D, of this memorandum. The subject property is਍ഀ within Vail Village Master Plan `Mixed Use Sub-Area #1,' shown below.਍ഀ The Mixed-Use sub-area is a prominent activity center for Vail Village. It is਍ഀ distinguished from the Village core by the larger scale buildings and by the limited਍ഀ auto traffic along East Meadow Drive. Comprised of five major development projects,਍ഀ this sub-area is characterized by a mixture of residential/lodging and commercial਍ഀ activity.਍ഀ There is a great deal of potential for improvements to both public and private facilities in਍ഀ the area. Among these is the opportunity to develop gateway entries to the Village at the਍ഀ 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term਍ഀ goal to strengthen the connection between this area and the Village core area by਍ഀ reinforcing the established pedestrian linkages. Pedestrianization in this area may;਍ഀ benefit from the development of retail infill with associated pedestrian improvements਍ഀ along East Meadow Drive and the development of public access to Gore Creek.਍ഀ A significant increase in the Village's overnight bed base will occur in this sub-area with਍ഀ the development of the final, phase of the Vail village Inn project. In addition, commercial਍ഀ and residential/lodging development potential is identified in sub-area concepts 3, 4, 6਍ഀ and 8. The completion of these projects will essentially leave the sub-area "built out".਍ഀ #1-1 Vail Village Inn (Map below)਍ഀ Final phase of Vail Village Inn project to be completed as established by development਍ഀ plan for SDD #6. Commercial development at ground, level to frame interior plaza with਍ഀ greenspace. Mass of buildings shall "step up" from existing pedestrian scale along਍ഀ Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive to਍ഀ maintaining view corridor from 4-way stop to Vail Mountain. Special emphasis on 1.2,਍ഀ 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6. 1.਍ഀ 4਍ഀ MIXED USE SUB-AREA (#1)਍ഀ #1-6 Crossroads Infill (Map below)਍ഀ Commercial infill over new underground parking lot in conjunction with a large public਍ഀ plaza with greenspace area (existing and new parking demand to be provided on site).਍ഀ While configuration of infill may be done a number of ways, it is the overall intention to਍ഀ replace existing surface parking with pedestrian corridors into a commercial area, as well਍ഀ as to provide a strong building edge on Meadow Drive and streetscape improvements.਍ഀ Improvement of the planted buffer adjacent to the Frontage Road is also important.਍ഀ Relocation of loading and delivery functions and entry to parking structure from Frontage਍ഀ Road is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire਍ഀ access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5,.2.6, 3. 1,਍ഀ 4.1, 5.1, 6.1, 6.2.਍ഀ 5਍ഀ VI.਍ഀ VII.਍ഀ ZONING AND LAND USE਍ഀ Zoning: Special Development District No. 6 and਍ഀ Public Accommodation (PA) District਍ഀ Land Use Plan Designation: Village Master Plan਍ഀ Development Standard਍ഀ Setbacks:਍ഀ North:਍ഀ South:਍ഀ East:਍ഀ West:਍ഀ Building Height:਍ഀ Allowed/Required Existing Proposed਍ഀ Per Dev. Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ Per Dev. Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ Per Dev. Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ Per Dev. Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ Per Dev. Plan* Per Dev. Plan No Change਍ഀ Parking: One additional space is required for unit #110, with਍ഀ the proposed addition/ conversion. The applicant is਍ഀ proposing to deed one additional space to unit਍ഀ #110 as shown on sheet A1.3.਍ഀ Site Coverage:਍ഀ Per Dev.਍ഀ Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ Landscape Area:਍ഀ Per Dev.਍ഀ Plan*਍ഀ Per Dev. Plan਍ഀ No Change਍ഀ " The building bulk control standards are allowed as shown on the approved development plans.਍ഀ Employee Housing: The proposed addition triggers an employee housing਍ഀ mitigation requirement under Section 12-24, Vail Town Code (Attachment C).਍ഀ REVIEW CRITERIA AND FINDINGS਍ഀ Section 12-9A-8, below, outlines the design criteria for Special Development਍ഀ Districts. Staff has responded to each of the criteria as they relate to the਍ഀ proposed conversion of existing office and retail space to residential for an਍ഀ addition to an existing dwelling unit.਍ഀ 12-9A-8: DESIGN 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.਍ഀ A. Design compatibility and sensitivity to the immediate environment,਍ഀ neighborhood and adjacent properties relative to architectural design,਍ഀ scale, bulk, building height, buffer zones, identity, character, visual਍ഀ integrity and orientation.਍ഀ 6਍ഀ Staff believes the proposed exterior alterations, including new windows਍ഀ and a door are compatible with the existing building architecture. There਍ഀ are no exterior building additions proposed.਍ഀ B. Uses, activity and density which provide a compatible, efficient and਍ഀ workable relationship with surrounding uses and activity.਍ഀ Staff believes the proposed use change of the existing retail (Digits Nail਍ഀ Boutique) and office (Robinson, Mitchell & Associates) fronting on the਍ഀ pedestrian plaza on the north face of the building is inconsistent with the਍ഀ surrounding uses and activity. The proposed addition will privatize the਍ഀ pedestrian-level fagade and create an un-welcoming, in-active, dark plaza਍ഀ frontage that will hinder the existing, adjacent retail (Tezla Lingerie) and਍ഀ showroom (Claggett-Rey Gallery) activity in the pedestrian plaza.਍ഀ The adjacent property, directly to the east, Solaris, is currently under਍ഀ construction. The proposed plans include a tunnel that will link the Vail਍ഀ Village Inn pedestrian plaza (subject property) with the proposed Solaris਍ഀ plaza and shops. The tunnel, when complete, will provide a pedestrian਍ഀ connection that increases circulation and vibrancy through the retail਍ഀ corridor. The pedestrian connection in the subject property retail area is਍ഀ highlighted as part of the Village pedestrian network, illustrated in the Vail਍ഀ Village Master Plan -'Parking and Circulation Plan' (below).਍ഀ t਍ഀ q਍ഀ Nl~ P Sys - ~ 4਍ഀ 3਍ഀ A~਍ഀ - -਍ഀ u / PARKING AND਍ഀ CIRCULATION਍ഀ a n਍ഀ PLAN਍ഀ IEGENV LL਍ഀ ,r r ~ ~M.aafl aSE55 ~ 'eX13:IfA T18LC IWr'1xUp1G ~਍ഀ 2 ~ ....~...ax,.g,....,.,.s .___-as rrE rwr ~rtEw ~:~i਍ഀ 3 .y.r M.. ti.ry rua ri rr~rar. wn:਍ഀ R..v਍ഀ 7਍ഀ C. Compliance with parking and loading requirements as outlined in਍ഀ Chapter 12-10 of the Vail Town Code.਍ഀ The proposed addition generates the need for 1 new parking space for Unit਍ഀ #110. The applicant is proposing to deed an additional parking space to਍ഀ unit #110 as shown on sheet A1.3 (attached). The proposed addition਍ഀ meets the required parking.਍ഀ The provisions of SDD No. 6 (Ordinance No. 16, Series of 2004) state the਍ഀ following with regard to loading and delivery:਍ഀ Section 5.9. "That the Developer provides a centralized loading/delivery਍ഀ facility for the use of all owners and tenants within Special਍ഀ Development District No. 6. Access or use of the facility shall not਍ഀ be unduly restricted for Special Development District No. 6. The਍ഀ loading/delivery facility, including docks, berths, freight elevators,਍ഀ service corridors, etc., may be made available for public and/or਍ഀ private loading/delivery programs, sanctioned by the Town of Vail,਍ഀ to mitigate loading/delivery impacts upon the Vail Village਍ഀ loading/delivery system.'਍ഀ It shall be noted that any proposal in Phase III, if approved, would require a਍ഀ link to the loading /delivery system mentioned in the above provision.਍ഀ Specifically, a condition of approval shall require a new loading and delivery਍ഀ garage door on the west end of the existing underground parking garage਍ഀ (Under Building No. 1 in Phase III) that aligns with the Plaza's existing਍ഀ loading and delivery garage door at the east end of the underground਍ഀ parking garage, accessed off the South Frontage Road. The garage door਍ഀ addition will provide loading and delivery services to Phase III and would be਍ഀ a condition of approval for any proposal in Phase III.਍ഀ D. Conformity with the applicable elements of the Vail Comprehensive਍ഀ Plan.਍ഀ Staff believes the proposal, to convert existing office and retail space,਍ഀ fronting on a major pedestrian way in Vail Village, to residential for an਍ഀ addition to an existing dwelling unit is in conflict with the following sections਍ഀ of the Town of Vail Land Use Plan and Vail Village Master Plan.਍ഀ Vail Land Use Plan਍ഀ Chapter ll - Land Use Plan Goals and Policies (in part):਍ഀ The goals articulated here reflect the desires of the citizenry as expressed਍ഀ through the series of public meetings held throughout the project. These਍ഀ goal statements should be used in the evaluation of any development਍ഀ proposal.਍ഀ 1. General Growth/Development਍ഀ 8਍ഀ 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.਍ഀ 1.12 Vail should accommodate most of the additional growth in existing਍ഀ developed areas (infill areas).਍ഀ 3. Commercial਍ഀ 3.4 Commercial growth should be concentrated in existing commercial਍ഀ areas to accommodate both local and visitor needs.਍ഀ 4. Village Core/ Lionshead਍ഀ 4.1 Future commercial development should continue to occur਍ഀ primarily in existing commercial areas. Future commercial਍ഀ development in the Core areas needs to be carefully controlled to਍ഀ facilitate access and delivery.਍ഀ 4.2 Increased density in the Core areas is acceptable so long as the਍ഀ existing character of each area is preserved through਍ഀ implementation of the Urban Design Guide Plan and the Vail਍ഀ Village Master Plan.਍ഀ Vail Village Master Plan਍ഀ 2.4 Obiective:਍ഀ Encourage the development of a variety of new commercial਍ഀ activity where compatible with existing land uses.਍ഀ 2.4.1 Policy:਍ഀ Commercial infill development consistent with established਍ഀ horizontal zoninq regulations shall be encouraged to provide਍ഀ activity generators, accessible greenspaces, public plazas,਍ഀ and streetscape improvements to the pedestrian network਍ഀ throughout the Village.਍ഀ 2.6 Obiective:਍ഀ Encourage the development of affordable housing units through਍ഀ the efforts of the private sector.਍ഀ 3.1 Obiective:਍ഀ Physically improve the existinq pedestrian ways by਍ഀ landscapinq and other improvements.਍ഀ 3.1.1 Policy:਍ഀ Private development projects shall incorporate streetscape਍ഀ improvements (such as paver treatments, landscaping,਍ഀ lighting and seating areas), along adjacent pedestrian ways਍ഀ 9਍ഀ 3.3 Objective:਍ഀ Encourage a wide variety of activities, events., and street life਍ഀ along pedestrian ways and plazas.਍ഀ 3.3.1 Policy:਍ഀ The Town encourages a regulated program of outdoor਍ഀ street activity in predetermined locations throughout the਍ഀ Village.਍ഀ 4.1 Objective:਍ഀ Improve existing open space areas and create new plazas with਍ഀ greenspace and pocket parks. Recognize the different roles of਍ഀ each type of open space in forming the overall fabric of the਍ഀ Village.਍ഀ 4.1.2 Policy:਍ഀ The development of new public plazas, and improvements਍ഀ to existing plazas (public art, streetscape features, seating਍ഀ areas, etc.) shall be strongly encouraged to reinforce their਍ഀ roles as attractive people places.਍ഀ E. 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 proposed਍ഀ additions are not located in any geologically sensitive areas or within the਍ഀ 100-year floodplain of Gore Creek or its tributaries.਍ഀ F. Site plan, building design and location and open space provisions਍ഀ designed to produce a functional development responsive and਍ഀ sensitive to natural features, vegetation and overall aesthetic quality਍ഀ of the community.਍ഀ The proposed addition does not disturb any natural features or vegetation.਍ഀ G. A circulation system designed for both vehicles and pedestrians਍ഀ addressing on and off-site traffic circulation.਍ഀ The proposed conversion of existing office and retail space to residential for਍ഀ an addition to an existing dwelling unit on the existing pedestrian plaza level਍ഀ will be detrimental to the pedestrian/ visitor experience by limiting the਍ഀ activity and vibrancy on the pedestrian circulation corridor. As mentioned in਍ഀ Criteria B, above, the subject property pedestrian plaza is part of the Village਍ഀ Pedestrian Network, designated in the Vail Village Master Plan - `Parking਍ഀ and Circulation Plan.'਍ഀ It shall be noted that any proposed changes to Building No. 2 of Phase III਍ഀ (subject property), if approved, shall require the improvement of the਍ഀ pedestrian walkway, pursuant to policies in the Vail Village Master Plan, on਍ഀ 10਍ഀ the east side of Building No. 2, connecting the north pedestrian plaza with਍ഀ the East Meadow Drive walkway. Improvements shall include, but not be਍ഀ limited to, resurfacing, landscaping and ADA (American's with Disability਍ഀ Act) compliance.਍ഀ H. Functional and aesthetic landscaping and open space in order to਍ഀ optimize and preserve natural features, recreation, views and਍ഀ functions.਍ഀ No changes to landscaping are proposed through this request. However, if਍ഀ approved, Staff would recommend a condition of approval be added to਍ഀ improve the landscaping on the east side of Building No. 2 along the਍ഀ pedestrian walkway.਍ഀ 1. Phasing plan or subdivision plan that will maintain a workable,਍ഀ functional and efficient relationship throughout the development of਍ഀ the special development district.਍ഀ The addition is not proposed in phases.਍ഀ VIII. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Planning and਍ഀ Environmental Commission forwards a recommendation of denial for a major਍ഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant to਍ഀ Article 12-9A, Special Development District, Vail Town Code, to the Vail Town਍ഀ Council. Staff's recommendation is based upon the review of the criteria found in਍ഀ Section VII of this memorandum and the evidence and testimony presented.਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial to the Vail Town Council of this proposed amendment਍ഀ to a Special Development District, the Department of Community Development਍ഀ recommends the Commission pass the following motion:਍ഀ "The Planning and Environmental. Commission recommends denial of a਍ഀ major amendment to Special Development District No. 6, Village Inn਍ഀ Plaza, pursuant to Article 12-9A, Special Development District, Vail Town਍ഀ Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive (Village Inn Plaza)/Lot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto. "਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial to the Vail Town Council of this proposed amendment਍ഀ to a Special Development District, the Department of Community Development਍ഀ recommends recommends the Commission makes the following findings:਍ഀ "The Planning and Environmental Commission finds:਍ഀ 1. That the amendment is in-consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ 11਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section VII਍ഀ of the Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does not further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review outlined਍ഀ in Section VII of the Staffs September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 3. That the amendment does not promote the health, safety, morals,਍ഀ and general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a manner਍ഀ that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the਍ഀ highest quality, based upon the review outlined in Section Vll of the਍ഀ Staffs September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ IX. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Proposed Architectural Plans਍ഀ C. Inclusionary Zoning (Employee Housing) Requirement਍ഀ D. Neighbor Email - Claggett/Rey Gallery਍ഀ E. Citizen Email - Digit's Salon਍ഀ 12਍ഀ Attachment A: Vicinity Map਍ഀ 13਍ഀ J਍ഀ 14਍ഀ Attachment B:਍ഀ Proposed Architectural Plans਍ഀ 15਍ഀ r਍ഀ 0਍ഀ A f 6 ka ww ~਍ഀ a .ar-iia-;00.=a.Off' t M [਍ഀ lit਍ഀ 3਍ഀ v A~਍ഀ 1਍ഀ a ~਍ഀ e gee; ¢i ~ ~ FG ;gi' fPt.਍ഀ dR Kt~ ;►asF ' FFE$i a a s e( & clf x-~ RICH਍ഀ FF+yL਍ഀ ~~F ~p ~y S~5M1g o[ i ~S਍ഀ i txp ta3਍ഀ lc=f : F fa~ ~ ? ~ F Eli਍ഀ i ;F 4 t { F z~ E£; , Fly ~x§3S9"~#~ ~i~ y਍ഀ aL ~ + ~si € L t FF~`~ F t EF kF ~;P~$ ~iF =€i ~s~ ~ ~iF ~it ~ 0਍ഀ S a ~ ~ELi1 x•3 + t a F xit S •S p9 gY~ a ~ t~ 6C i[a7 ii~ ~tx•xxa ~ Sr~ x= fF F਍ഀ - t fF~ ~ [ P 9 i ~ ~E i6 F,"EF .~T' ~ aFsFL' zt~ ~E ~Y {r਍ഀ ~ ~ g~~ ~ ~ ~ tf~~ ~ Yx CSt~ x~F Lass- ~ gt! 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Net New GRFA for Colondo Company Residence਍ഀ A. Residential Increase = Inclusionary Zoning਍ഀ Increase in GRFA = 1483 sq ft increase਍ഀ Inclusionary Zoning requirement = 10 percent of net new residential sq ft਍ഀ 1483 sq ft x 10 % = 148.3 sq ft required deed restricted employee਍ഀ housing਍ഀ B. Possible Method of Mitigation for Inclusionary Zoning਍ഀ 1. Fee-in-Lieu਍ഀ i. Provide a fee-in-lieu payment to the Town of Vail of਍ഀ 148.3 sq ft x $301.65 / sq ft = $44,734.70਍ഀ II. Payment of the Fee-in-Lieu਍ഀ A. Payment of the fee-in-lieu of $44,734.70 must be paid prior to the issuance਍ഀ of a building permit for the project਍ഀ 27਍ഀ Attachment D:਍ഀ Neighbor Email - Claggett/Rey Gallery਍ഀ "Bill Rey" <bill claggettrey.com> 09/03/2008 1:33 PM਍ഀ Hello Nicole and Warren,਍ഀ I have received the word that there is interest in changing the਍ഀ commercial spaces next to our gallery to residential. I have some਍ഀ definite concerns regarding this. First those commercial spaces do਍ഀ create traffic at this time and since I have been here in the plaza for਍ഀ almost 20 years and have endured the re-development of the Plaza Hotel਍ഀ and now Solaris which have impacted pedestrian traffic big time for਍ഀ years, and years to come so I am very concerned.਍ഀ Thank you for considering this request and I will look forward to਍ഀ hearing from you.਍ഀ Sincerely,਍ഀ Bill Rey਍ഀ Claggett/Rey Gallery਍ഀ No virus found in this incoming message.਍ഀ Checked by AVG - http://www.avq.com਍ഀ Version: 8.0.169 / Virus Database: 270.6.16/1650 - Release Date:਍ഀ 9/3/2008 4:13 PM਍ഀ 28਍ഀ Attachment E:਍ഀ Citizen Email - Digit's Salon਍ഀ From: <dten1195co@aol.com>਍ഀ To: <npeterson@vailgov.com>਍ഀ Date: 08118/2008 3:16 PM਍ഀ Subject: Rezoning਍ഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plaza਍ഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety of਍ഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and see਍ഀ what is happening and that leads to shopping and dining! We need more businesses in Vail Village not਍ഀ more residences.਍ഀ Sincerely, Deborah Tennant 476-8523਍ഀ Sent via BlackBerry by AT&T਍ഀ 29਍ഀ PLANNING AND ENVIRONMENTAL COMMISSION਍ഀ October 13, 2008਍ഀ 1:00pm਍ഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME਍ഀ 75 S. Frontage Road - Vail, Colorado, 81657਍ഀ MEMBERS PRESENT MEMBERS ABSENT਍ഀ Bill Pierce Sarah Robinson-Paladino਍ഀ Rollie Kjesbo Scott Proper਍ഀ Susie Tjossem David Viele਍ഀ Michael Kurz਍ഀ Site Visits:਍ഀ 1. Village Inn Plaza, 68 Meadow Drive਍ഀ 2. Lionshead Public View Corridors, Lionshead Village਍ഀ 45 Minutes਍ഀ 1. A request for a final recommendation to the Vail Town Council on a major amendment to Special਍ഀ Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Development਍ഀ District, Vail Town Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68 Meadow Drive (Village Inn਍ഀ Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.਍ഀ (PEC080049)਍ഀ Applicant: Colorado Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ ACTION: Recommendation of approval, with conditions਍ഀ MOTION: Tjossem SECOND: Kjesbo VOTE: 2-1-1 (Kurz opposed, Pierce recused)਍ഀ CONDITION(S):਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the east side of਍ഀ the subject property, by submitting a Design Review application, prior to the਍ഀ submittal of a Design Review application for the exterior changes associated with਍ഀ this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress, egress,਍ഀ and accessibility for Vail Village Inn Phase III which may include improvements to the਍ഀ public walkway, along the east side of the subject property, from the pedestrian plaza਍ഀ to Meadow drive. Compliance shall be demonstrated in conjunction with Building਍ഀ Permit submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on the west end of਍ഀ the existing underground parking garage (Under Building No. 1 in Phase III) that਍ഀ aligns with the Plaza's existing loading and delivery garage door at the east end of਍ഀ the underground parking garage, accessed off the South Frontage Road, prior to the਍ഀ issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionary਍ഀ Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance਍ഀ of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal, prior to਍ഀ submitting a building permit application.਍ഀ Commissioner Pierce identified he had a conflict of interest on this item and recused himself਍ഀ from the hearing.਍ഀ Page 1਍ഀ Nicole Peterson distributed a Supplemental Staff memorandum and brought attention to the਍ഀ illegal construction that had occurred on site, the week prior. She informed the Commission that਍ഀ Staff was recommending that this application be tabled until such time as a Design Review਍ഀ application could be submitted in regards to the illegal walkway demolition.਍ഀ Tim Devlin of Sherman and Howard, representing the applicant, stated the circumstances behind਍ഀ the construction that had occurred on site. He stated that Deanne Hall, the president of the Vail਍ഀ Village Inn Phase III, had apparently requested the work be performed without the knowledge਍ഀ that a Design Review application was necessary. A Design Review application has been਍ഀ forwarded to the association president for review.਍ഀ The Commissioners spoke with each other and it was determined that they would hear the਍ഀ application and if necessary they would place a condition on any motion directing Vail Village Inn਍ഀ Phase III to correct the situation with regard to the walkway.਍ഀ Nicole Peterson continued with her presentation per, explaining the Staff memorandum and਍ഀ stated that staff is recommending denial of the application.਍ഀ Tim Devlin continued with his presentation drawing attention to the table contained in the Staff਍ഀ memorandum which compared the proposed application to those previously approved. He਍ഀ utilized several boards depicting floor plans to make several points with regard to the frontage of਍ഀ retail being removed and the amount of square footage on the ground floor. He continued by਍ഀ going through the memorandum's background on previous residential expansion approvals. He਍ഀ pointed out that his client would propose to utilize the pay-in-lieu option to mitigate the employee਍ഀ housing mitigation.਍ഀ Jonathan Stauffer, representing the subject property owner, gave some background on the਍ഀ events leading to the illegal construction. He further stated that the owner of residential unit਍ഀ #110 (subject of addition/ conversion), occupies his unit the entirety of the winter season. Thus਍ഀ the unit is a hot/warm bed during the ski season.਍ഀ Commissioner Kjesbo, asked what Staff would think if the application did not include the Digits਍ഀ Salon and a portion of the Real Estate office.਍ഀ Warren Campbell, Chief of Planning, stated that Staff did suggest utilizing only the interior਍ഀ portion of 'To Catch A Cook.' He stated that planning staff would review the application਍ഀ differently, if that was the proposal; however, he did not commit to any recommendation that਍ഀ would result.਍ഀ Ken Bridges of Blue Line Architects, representing the applicant, gave a presentation on the਍ഀ reasons behind the layout proposed. He pointed out the traffic flow within the unit and the need਍ഀ for the stairs to be located in the space proposed.਍ഀ Joe Stauffer, owner of the commercial space to be converted, stated that there had been an਍ഀ office use in the real estate space since the start of the project and that he believes the subject਍ഀ area has very little pedestrian traffic.਍ഀ Rob Robinson of Robinson Mitchell and Associates (subject Real Estate office) stated that he਍ഀ would like to stay in the Village. He added that he has received very little walk-in traffic at his਍ഀ office in the years he's been there.਍ഀ Commissioner Kurz, stated that he has not served on previous Commissions and therefore,਍ഀ cannot comment on how the precedence of retail to residential in this area came to be. He਍ഀ Page 2਍ഀ added that he could not predict the amount of pedestrian traffic in the future, as a result of the਍ഀ Solaris tunnel. He stated concern that this is a permanent change and does not believe the਍ഀ application adheres to the Vail Village Master Plan.਍ഀ Commissioner Tjossem, believes that this area is not vibrant and there is a precedence for਍ഀ conversion set. She believes the conversion is appropriate.਍ഀ Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult to predict਍ഀ the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He also stated that his਍ഀ vote of support, if a motion where made to forward a recommendation of approval, would be਍ഀ based on the opinion that the 'To Catch a Cook' retail space is a second story retail area, and਍ഀ thus is comparable to the previous approvals of 2nd and 3`d story commercial conversions to਍ഀ residential.਍ഀ 20 Minutes਍ഀ 2. A request for a final recommendation pursuant to Section 12-22-4, Adoption of View Corridors਍ഀ and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and਍ഀ amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in਍ഀ Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead਍ഀ Redevelopment Master Plan, and setting forth details in regard thereto. (PEC080051)਍ഀ Applicant: Town of Vail/Vail Resorts Inc.਍ഀ Planner:. George Ruther/Warren Campbell਍ഀ ACTION: Recommendation of approval਍ഀ MOTION: Kurz SECOND: Tjossem VOTE: 3-0-1 (Pierce recused)਍ഀ Commissioner Pierce identified he had a conflict of interest on this item and recused himself਍ഀ from the hearing.਍ഀ Warren Campbell gave a presentation per the Staff memorandum.਍ഀ Tyson Dearduff, of Fritzlen Pierce Architects, representing Mark Kobelan, an interested party in਍ഀ proposing a development on the Town owned tract of land where View Point No. 10 is located,਍ഀ stated that they would like to request that the item be tabled until such time as Mr. Kobelan met਍ഀ with George Ruther on Friday October 17th. He handed out a letter from Mr. Kobelan containing਍ഀ this request. The concern being that if the View Point No. 10 were adopted the Town may be਍ഀ reluctant to make amendments to the View Corridor established by View Point No. 10.਍ഀ Warren Campbell stated that he understood the request and would not speculate on whether or਍ഀ not the Town would be reluctant to amended View Point No. 10 in the future if a proposal were਍ഀ deemed to be appropriate on the property. He stated that the Town Code did contain a process਍ഀ for proposing improvements to Town owned land and if required amendments to any adopted਍ഀ View Corridor in Town. He concluded by stating that a motion to forward a recommendation of਍ഀ approval or denial would have no bearing on the success or lack of success that a proposal on਍ഀ Town owned property might have in the future. Furthermore, there was a condition placed upon਍ഀ the Arrabelle requiring the amendment and adoption of these View Corridors prior to achieve਍ഀ final approvals for the project.਍ഀ 5 Minutes਍ഀ 3. A request for a final review of an amendment to an existing conditional use permit, pursuant to਍ഀ section 12-16-10, Amendment Procedures, Vail Town Code, to amend the condition limiting the਍ഀ number of private ski club members, located at 675 Lionshead Place (Arrabelle at Vail Square)/਍ഀ Lots 1 & 2, Lionshead Filing 6, and setting forth details in regard thereto (PEC080052).਍ഀ Applicant: Arrabelle at Vail Square, LLC਍ഀ Page 3਍ഀ Planner: George Ruther/Warren Campbell਍ഀ ACTION: Tabled to October 27, 2008਍ഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0਍ഀ 5 Minutes਍ഀ 4. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-਍ഀ 7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to਍ഀ Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-71-1-3,਍ഀ Permitted and Conditional Uses, First Floor or Street Level; 12-71-1-4, Permitted and Conditional਍ഀ Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the਍ഀ Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference਍ഀ facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor,਍ഀ and an eating and drinking establishment on the second floor, located at 250 South Frontage਍ഀ Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033)਍ഀ Applicant: HCT Development, represented by TJ Brink਍ഀ Planner: Rachel Friede਍ഀ ACTION: Tabled to October 27, 2008਍ഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0਍ഀ 5. Approval of September 22, 2008 minutes਍ഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0਍ഀ 6. Information Update਍ഀ Possible date for Town Council and PEC joint work session November 18th਍ഀ 7. Adjournment਍ഀ MOTION: Kurz SECOND: Tjossem VOTE: 3-0-0਍ഀ The applications and information about the proposals are available for public inspection during regular਍ഀ office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The਍ഀ public is invited to attend the project orientation and the site visits that precede the public hearing in the਍ഀ Town of Vail Community Development Department. Please call (970) 479-2138 for additional਍ഀ information.਍ഀ Sign language interpretation is available upon request with 24-hour notification. Please call (970)਍ഀ 479-2356, Telephone for the Hearing impaired, for information.਍ഀ Community Development Department਍ഀ Published October 10, 2008, in the Vail Daily.਍ഀ Page 4਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: October 13, 2008਍ഀ SUBJECT: A request for a final recommendation to the Vail Town Council on 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 the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ SUMMARY਍ഀ The Applicant, Colondo Company, represented by Sherman & Howard, LLC, has਍ഀ requested final review by the Planning and Environmental Commission for a਍ഀ major amendment to Special Development District (SDD) No. 6, Vail Village Inn,਍ഀ Phase III, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68 Meadow਍ഀ Drive.਍ഀ Based upon Staff's review of the criteria outlined in Section VII of this਍ഀ memorandum and the evidence and testimony presented, the Community਍ഀ Development Department recommends the Planning and Environmental਍ഀ Commission forwards a recommendation of denial of the major amendment to਍ഀ SDD No. 6, Village Inn Plaza.਍ഀ II. DESCRIPTION OF THE REQUEST਍ഀ Since the September 22, 2008 hearing, the applicant submitted new proposed਍ഀ plans that decrease the conversion area from 1,483 sq. ft. to 1,237 sq. ft. This਍ഀ major amendment request includes the conversion of existing office and retail਍ഀ space to residential for an approximate 1,237 gross residential square foot਍ഀ addition to existing residential unit #110. The proposed addition is immediately਍ഀ below the existing unit #110 (Plan sheet A2.2 - Level 95.0') and includes a new਍ഀ exterior entrance off the pedestrian plaza on the north side of the building,਍ഀ mudroom, staircase, media room, two bedrooms and three bathrooms. The਍ഀ proposal also includes the interior reconfiguration of the existing unit #110 level਍ഀ 105.0' and minor exterior alterations. The proposal does not include any਍ഀ additions outside the exterior walls of the existing building.਍ഀ The addition area is currently occupied by three lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ The definition of a `Major Amendment' to a Special Development District, in the਍ഀ Vail Town Code, includes any proposal to change uses and/or add GRFA.਍ഀ Therefore, a major. amendment to SDD No. 6, Village Inn Plaza, Phase III, is਍ഀ required, pursuant to Section 12-9A-2, Vail Town Code for the conversion of਍ഀ office and retail uses to residential and the addition of 1,237 square feet of GRFA਍ഀ to SDD No. 6.਍ഀ III. BACKGROUND਍ഀ Special Development District (SDD) No. 6, Vail Village Inn, was adopted by਍ഀ Ordinance No. 7, Series of 1976. SDD No. 6 is comprised of 3.45 acres and਍ഀ consists of five phases of development, illustrated below:਍ഀ 2਍ഀ The following is a summary of the previously approved ordinances and਍ഀ amendments within SDD No. 6:਍ഀ o Ordinance No. 7, Series of 1976 adopted SDD No. 6, Vail Village Inn.਍ഀ o Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet਍ഀ of GRFA to SDD No. 6. This ordinance also required a minimum of 175਍ഀ accommodation units (AUs) and 72,400 square feet of GRFA, devoted਍ഀ entirely to AUs in Phase IV.਍ഀ o Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD਍ഀ No. 6. The amendment allowed Phase IV to be broken into two distinct and਍ഀ separate phases, which were called Phase IV and Phase V. This ordinance਍ഀ also set the maximum GRFA far the SDD at 120,600 square feet. Further, the਍ഀ ordinance required a minimum of 14 AUs and 67,367 square feet of GRFA਍ഀ devoted to AUs in Phases IV and V.਍ഀ o 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 of 3,927਍ഀ square feet of GRFA This ordinance also maintained the approval for a਍ഀ minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, in਍ഀ Phases IV and V of SDD No. 6. (Note: Staff recommended approval with 2਍ഀ conditions: 1) to decrease the proposed square footage from 5,714 sf to਍ഀ 3,927 sf, which was the size of the one existing residential unit in the building਍ഀ and 2) that the unit be use restricted according to Old Code Section਍ഀ 17.26.075, which states 'condominium units created shall remain in the short਍ഀ term rental market to be used as temporary accommodations available to the਍ഀ general public.' PEC recommended denial for the purpose of maintaining਍ഀ retail in the Village core Council overturned PEC and approved with Staff਍ഀ conditions 7-0)਍ഀ o Ordinances 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.਍ഀ o Ordinance No. 15, Series of 2001 adopted a revised Approved Development਍ഀ Plan for Phase I, which brought the total allowable GRFA for the entire SDD਍ഀ No. 6 to 182,325 square feet.਍ഀ o Ordinance No. 21, Series of 2001 adopted a revised Approved Development਍ഀ Plan for Phase IV (i.e. Vail Plaza Hotel), and did not specify, in the form of a਍ഀ revised Approved Development Plan, the total allowable GRFA for the਍ഀ entirety of SDD No. 6.਍ഀ o Ordinance No. 32, Series of 2003, adopted a maior amendment to SDD No਍ഀ 6 allowing for the conversion of 2,132 square feet of restaurant area to਍ഀ create a new dwelling unit above the Alpenrose Restaurant, which increased਍ഀ the amount of allowable GRFA for SDD No. 6 to 184,708 sq. ft.਍ഀ o Ordinance No 6 Series of 2005, adopted a major amendment to SDD No. 6,਍ഀ Phase I to allow the conversion of 1 158 square feet of retail space (Phoenix਍ഀ Rising and Steven Reeves Art Gallery) to residential which increased the਍ഀ amount of allowable GRFA for SDD No. 6 to 186,561.਍ഀ Commercial to Residential Conversions in SDD #6 Comparison Table:਍ഀ The following table includes all amendments within SDD #6 that included the conversion਍ഀ of commercial and/or office space into residential.਍ഀ I-Reference਍ഀ Name਍ഀ Ordinance਍ഀ Converted' i਍ഀ Commercial਍ഀ Square`਍ഀ Footage਍ഀ Linear਍ഀ Feet on਍ഀ Pedestrian਍ഀ Plaza i਍ഀ Resulting਍ഀ Total Retail਍ഀ for SDD #6਍ഀ Resulting਍ഀ Total਍ഀ Allowed਍ഀ GRFA for਍ഀ SDD #6਍ഀ Original SDD਍ഀ No. 7, Series਍ഀ Na਍ഀ Na਍ഀ Unknown਍ഀ 100,000਍ഀ No. 6 Approval'਍ഀ ggg਍ഀ of 1976਍ഀ No. 24,਍ഀ 3,927 (Primarily਍ഀ rd਍ഀ d਍ഀ Unknown਍ഀ Unknown਍ഀ 124,527਍ഀ Conversion਍ഀ Series of਍ഀ 2n਍ഀ and 3਍ഀ (Good's Retail਍ഀ 1989਍ഀ floor)਍ഀ old Plaza਍ഀ Building) _਍ഀ 2003਍ഀ No. 32,਍ഀ 2,132 (700 sf਍ഀ Estimated਍ഀ 44,724਍ഀ 184,708਍ഀ .Conversion਍ഀ Series of਍ഀ on pedestrian਍ഀ 70 feet਍ഀ AI en'rose਍ഀ .:;2005਍ഀ 2003਍ഀ No. 6, Series਍ഀ level਍ഀ 1,158 (107 sf਍ഀ 18 feet਍ഀ 43,566਍ഀ 186,561਍ഀ Conversion਍ഀ of 2005਍ഀ on pedestrian਍ഀ z(Phoenix਍ഀ level)਍ഀ Risin e-e਍ഀ „2008਍ഀ No. _਍ഀ 1,237 (All on਍ഀ 12 feet਍ഀ +਍ഀ 42,329਍ഀ 187,798਍ഀ "Proposed਍ഀ Series of਍ഀ pedestrian਍ഀ (north)਍ഀ Conversion਍ഀ 2008਍ഀ level)਍ഀ 36 feet਍ഀ (east) = 48਍ഀ feet਍ഀ " The September 26, 1989 Staff memorandum states that the conversion was on the 1St 2nd and਍ഀ 3rd floors and primarily on the 2nd and 3rd floors. Neither the memorandum, nor the floor plans਍ഀ specified square footages. The building has since been redeveloped, therefore Staff could not਍ഀ visit the site to measure the area.਍ഀ IV. ROLES OF THE REVIEWING 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.਍ഀ 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.਍ഀ 4਍ഀ 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਍ഀ Vail Town Code਍ഀ 12-9A: Special Development (SDD) District਍ഀ 12-9A-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 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਍ഀ 12-9A-2: DEFINITIONS (in part)਍ഀ Major Amendment: 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).਍ഀ 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please see਍ഀ section VII of this memo which states and discusses Section 12-9A-8.਍ഀ 12-7A: PUBLIC ACCOMODATION (PA) DISTRICT਍ഀ 12-7A-1: PURPOSE: The public accommodation district is intended to਍ഀ provide sites for lodges and residential accommodations for visitors਍ഀ together with such public and semipublic facilities and limited professional਍ഀ offices, medical facilities, private recreation commercial/retail and related਍ഀ visitor oriented uses as may appropriately be located within the same਍ഀ zone 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 zone district by establishing਍ഀ 5਍ഀ appropriate site development standards. Additional nonresidential uses਍ഀ are permitted as conditional uses which enhance the nature of Vail as a਍ഀ vacation community, and where permitted uses are intended to function਍ഀ compatibly with the high density lodging character of the zone district.਍ഀ Town of Vail Land Use Plan਍ഀ Chapter I - Introduction - 1. Purpose of Project (in part):਍ഀ This document is intended to serve as a basis from which future decisions may਍ഀ be made regarding land use within the Valley. The primary focus of the Land਍ഀ Use Plan has been to address the long-term needs and desires of the Town as it਍ഀ matures.਍ഀ Chapter ll - Land Use Plan Goals and Policies:਍ഀ Staff has included the relevant Goals and Policies of the Land Use Plan in਍ഀ Section VII, Criteria D, of this memorandum.਍ഀ Vail Village Master Plan਍ഀ Staff has included the relevant Objectives and Policies of the Vail Village Master਍ഀ Plan in Section VII, Criteria D, of this memorandum. The subject property is਍ഀ within Vail Village Master Plan `Mixed Use Sub-Area #1,' shown below.਍ഀ MIXED USE SUB-AREA W)਍ഀ 6਍ഀ The Mixed-Use sub-area is a prominent activity center for Vail Village. It is਍ഀ distinguished from the Village core by the larger scale buildings and by the limited਍ഀ auto traffic along East Meadow Drive. Comprised of five major development projects,਍ഀ this sub-area is characterized by a mixture of residential/lodging and commercial਍ഀ activity.਍ഀ There is a great deal of potential for improvements to both public and private facilities in਍ഀ the area. Among these is the opportunity to develop gateway entries to the Village at the਍ഀ 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term਍ഀ goal to strengthen the connection between this area and the Village core area by਍ഀ reinforcing the established pedestrian linkages. Pedestrianization in this area may;਍ഀ benefit from the development of retail infill with associated pedestrian improvements਍ഀ along East Meadow Drive and the development of public access to Gore Creek.਍ഀ A significant increase in the Village's overnight bed base will occur in this sub-area with਍ഀ the development of the final, phase of the Vail village Inn project. In addition, commercial਍ഀ and residential/lodging development potential is identified in sub-area concepts 3, 4, 6਍ഀ and 8. The completion of these projects will essentially leave the sub-area "built out"਍ഀ #1-1 Vail Village Inn (Map right)਍ഀ Final phase of Vail Village Inn project to be਍ഀ completed as established by development plan਍ഀ for SDD #6. Commercial development at ground਍ഀ level to frame interior plaza with greenspace਍ഀ Mass of buildings shall "step up" from existing਍ഀ pedestrian scale along Meadow Drive to 4-5਍ഀ stories along the Frontage Road. Design must be਍ഀ sensitive to maintaining view corridor from 4-way਍ഀ stop to Vail Mountain.਍ഀ #1-6 Crossroads Infill (Map right)਍ഀ Commercial infill over new underground parking਍ഀ lot in conjunction with a large public plaza with਍ഀ greenspace area (existing and new parking਍ഀ demand to be provided on site). While਍ഀ configuration of infill may be done a number of਍ഀ ways, it is the overall intention to replace existing਍ഀ surface parking with pedestrian corridors into a਍ഀ commercial area, as well as to provide a strong਍ഀ building edge on Meadow Drive and streetscape਍ഀ improvements. Improvement of the planted buffer਍ഀ adjacent to the Frontage Road is also important.਍ഀ Relocation of loading and delivery functions and਍ഀ entry to parking structure from Frontage Road is਍ഀ strongly encouraged to reduce traffic on Meadow਍ഀ Drive. Potential to improve fire access also exists਍ഀ in the redevelopment scheme.਍ഀ 7਍ഀ VI. ZONING AND LAND USE਍ഀ Zoning: Special Development District No. 6 and਍ഀ Public Accommodation (PA) District਍ഀ Land Use Plan Designation: Village Master Plan਍ഀ Lot size: 3.45 acres or 150,282 square feet਍ഀ Development Standard Allowed Existing Proposed਍ഀ GRFA:਍ഀ Per Staff Memo*਍ഀ 186,561 sf਍ഀ 187,798 sf਍ഀ (+1,237 sf)਍ഀ Retail Area:਍ഀ Per Staff Memo*਍ഀ 43,566 sf਍ഀ 42,329 sf਍ഀ (-1,237 sf)਍ഀ Setbacks for Building No 2,਍ഀ Phase III (subject site):਍ഀ North:਍ഀ Per Dev. Plan**਍ഀ 20' to bldg.਍ഀ No Change਍ഀ South:਍ഀ Per Dev. Plan**਍ഀ 24' to prop. line਍ഀ No Change਍ഀ East:਍ഀ Per Dev. Plan**਍ഀ 16' to prop. line਍ഀ No Change਍ഀ West:਍ഀ Per Dev. Plan**਍ഀ 0' to prop. line਍ഀ No Change਍ഀ Building Height for Building No 2, Phase III (subject site):਍ഀ Per Dev. Plan** -35.5' No Change਍ഀ Parking: Per Staff Memo* 291 spaces No Physical਍ഀ Change਍ഀ *Note: The number of required parking spaces in਍ഀ the Vail Village Core Parking Area, for a dwelling is਍ഀ 1.4 spaces, for office is 2.7 per 1,000 (115 sf਍ഀ decrease - .31 spaces) and for retail is 2.3 per਍ഀ 1,000 sf (1,084 sf decrease - 2.5 spaces).਍ഀ Therefore, the parking requirement would decrease਍ഀ by 2.81 spaces, with the loss of 1,237 sf of਍ഀ commercial. One existing, underground parking਍ഀ space is proposed to be deeded to residential unit਍ഀ #110 if the proposal is approved.਍ഀ Site Coverage: Per Staff Memo* 92,036 sf (61 No Change਍ഀ Landscape Area: Per Staff Memo* 36,433 sf (30%) No Change਍ഀ Employee Housing: The proposed addition triggers an employee਍ഀ housing mitigation requirement under Section 12-਍ഀ 24, Vail Town Code (Calculation in Attachment C).਍ഀ The allowed standards are the existing conditions, stated under'Existing' in the table, taken from਍ഀ PEC Staff Memorandum regarding the last amendment to SDD #6, dated January 24, 2005.਍ഀ The allowed standards are the existing conditions, stated under'Existing' in the table, taken from਍ഀ the approved development plans dated 4-4-80, revised 2-2-81, drafted by Santangelo-Dahman਍ഀ Architects.਍ഀ VII. REVIEW CRITERIA AND FINDINGS਍ഀ Section 12-9A-8, below, outlines the design criteria for Special Development਍ഀ Districts. Staff has responded to each of the criteria as they relate to the਍ഀ proposed conversion of existing office and retail space to residential for an਍ഀ addition to an existing dwelling unit.਍ഀ 12-9A-8: DESIGN 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:਍ഀ A. Design compatibility and sensitivity to the immediate environment,਍ഀ neighborhood and adjacent properties relative to architectural design,਍ഀ scale, bulk, building height, buffer zones, identity, character, visual਍ഀ integrity and orientation.਍ഀ Staff believes the proposed exterior alterations, including new windows਍ഀ and a door are compatible with the existing building architecture. There਍ഀ are no exterior building additions proposed.਍ഀ B. Uses, activity and density which provide a compatible, efficient and਍ഀ workable relationship with surrounding uses and activity.਍ഀ Staff believes the proposed use change of the existing commercial service਍ഀ (Digits Nail Boutique), office (Robinson, Mitchell & Associates) and retail਍ഀ (To Catch a Cook) on the pedestrian level of the building is inconsistent਍ഀ with the surrounding uses and activity. The proposed addition will privatize਍ഀ the pedestrian-level fapade and create an un-welcoming, in-active, dark਍ഀ plaza frontage that will hinder the existing, adjacent retail (Tezla Lingerie)਍ഀ and showroom (Claggett-Rey Gallery) activity in the pedestrian plaza. The਍ഀ subject site is within the Public Accommodation Zoning District, which਍ഀ purpose states: permitted uses are intended to function compatibly with the਍ഀ high density lodging character of the zone district. Staff believes the਍ഀ conversion of existing commercial space within Vail Village's core, to਍ഀ residential, would be in conflict with the intent of the Public Accommodation਍ഀ District, in that a private residence, on the pedestrian level, does not service਍ഀ guests or function compatibly with the public use of the pedestrian plaza.਍ഀ The adjacent property, directly to the east, Solaris, is currently under਍ഀ construction. The proposed plans include a pedestrian tunnel that will link਍ഀ the Vail Village Inn pedestrian plaza (subject property) with the proposed਍ഀ Solaris plaza and shops. The tunnel, when complete, will provide a਍ഀ pedestrian connection that increases circulation and vibrancy through the਍ഀ retail corridor. The pedestrian connection in the subject property retail area਍ഀ is highlighted as part of the Village pedestrian network, illustrated in the Vail਍ഀ 9਍ഀ Village Master Plan -'Parking and Circulation Plan' (below).਍ഀ a਍ഀ t /.a M 5 s a s:਍ഀ 1਍ഀ Yl~਍ഀ i਍ഀ PARKING AND਍ഀ CIRCULATION਍ഀ 1 r PLAN਍ഀ i਍ഀ LEGEND q _਍ഀ r rxau crE.cgss ~:a+me auevr.-anayaxc਍ഀ i _ ..T.......,x.......~ rrov Fares ~਍ഀ g wn .a~~.,_.w Alllxx ~p.NexrltMf rG Zn.F. _਍ഀ Staff has attached citizen and business owner letters and emails਍ഀ (Attachment E). Please note, that the letter from Mr. Robinson of਍ഀ Robinson, Mitchell & Associates LLC, states that he is in support if he can਍ഀ continue his office operations in the same building. An office use is a਍ഀ Conditional Use in the Public Accommodation District, and with the਍ഀ proposed change in office size, Staff would require a Conditional Use਍ഀ Permit (CUP) application to re-evaluate the CUP criteria related to the਍ഀ proposed changes.਍ഀ C. Compliance with parking and loading requirements as outlined in਍ഀ Chapter 12-10 of the Vail Town Code.਍ഀ The proposed conversion of 1,237 square feet of commercial to residential਍ഀ would reduce the parking requirement within SDD No. 6, by 2.81 spaces as਍ഀ calculated in Section VI, Zoning, above. The proposal includes plans to਍ഀ deed 1 additional parking space to unit #110, bringing the total to 3 spaces.਍ഀ The provisions of SDD No. 6 (Ordinance No. 16, Series of 2004) state the਍ഀ following with regard to loading and delivery:਍ഀ Section 5.9. "That the Developer provides a centralized loading/delivery਍ഀ facility for the use of all owners and tenants within Special਍ഀ 10਍ഀ Development District No. 6. Access or use of the facility shall not਍ഀ be unduly restricted for Special Development District No. 6. The਍ഀ loading/delivery facility, including docks, berths, freight elevators,਍ഀ service corridors, etc., may be made available for public and/or਍ഀ private loading/delivery programs, sanctioned by the Town of Vail,਍ഀ to mitigate loading/delivery impacts upon the Vail Village਍ഀ loading/delivery system.'਍ഀ It shall be noted that any proposal in Phase III, if approved, would require a਍ഀ link to the loading /delivery system mentioned in the above provision.਍ഀ Specifically, a condition of approval shall require a new loading and delivery਍ഀ garage door on the west end of the existing underground parking garage਍ഀ (Under Building No. 1 in Phase III) that aligns with the Plaza's existing਍ഀ loading and delivery garage door at the east end of the underground਍ഀ parking garage, accessed off the South Frontage Road. The garage door਍ഀ addition will provide loading and delivery services to Phase III and would be਍ഀ a condition of approval for any proposal in Phase III. Since this application਍ഀ was submitted, a building permit was submitted to comply with the above਍ഀ mentioned loading requirement, and is currently being reviewed.਍ഀ D਍ഀ Conformity with the applicable elements of the Vail Comprehensive਍ഀ Plan.਍ഀ Staff believes the proposal, to convert existing office and retail space,਍ഀ fronting on a major pedestrian way in Vail Village, to residential for an਍ഀ addition to an existing dwelling unit is in conflict with the following sections਍ഀ of the Town of Vail Land Use Plan and Vail Village Master Plan.਍ഀ Vail Land Use Plan਍ഀ Chapter 11 - Land Use Plan Goals and Policies (in part)਍ഀ The goals articulated here reflect the desires of the citizenry as expressed਍ഀ through the series of public meetings held throughout the project. These਍ഀ goal statements should be used in the evaluation of any development਍ഀ proposal.਍ഀ 1. General Growth/Development਍ഀ 1.1 Vail should continue to grow in a controlled environment,਍ഀ maintaining a balance between residential, commercial and਍ഀ recreational uses to serve both the visitor and the permanent਍ഀ resident.਍ഀ 3. Commercial਍ഀ 3.4 Commercial growth should be concentrated in existing commercial਍ഀ areas to accommodate both local and visitor needs.਍ഀ Staff believes this goal to concentrate commercial growth in existing਍ഀ commercial areas supports a desire to also keep existing commercial space਍ഀ within existing commercial areas.਍ഀ 11਍ഀ 4. Village Core/ Lionshead਍ഀ 4.1 Future commercial development should continue to occur਍ഀ primarily in existing commercial areas. Future commercial਍ഀ development in the Core areas needs to be carefully controlled to਍ഀ facilitate access and delivery.਍ഀ 4.2 Increased density in the Core areas is acceptable so long as the਍ഀ existing character of each area is preserved through਍ഀ implementation of the Urban Design Guide Plan and the Vail਍ഀ Village Master Plan.਍ഀ Vail Village Master Plan਍ഀ 2.4 Obiective:਍ഀ Encourage the development of a variety of new commercial਍ഀ activity where compatible with existing land uses.਍ഀ 2.4.1 Polic :਍ഀ Commercial infill development consistent with established਍ഀ horizontal zoning regulations shall be encouraged to provide਍ഀ activity generators, accessible greenspaces, public plazas,਍ഀ and streetscape improvements to the pedestrian network਍ഀ throughout the Village.਍ഀ 3.1 Obiective:਍ഀ Physically improve the existing pedestrian ways by਍ഀ landscaping and other improvements.਍ഀ 3.1.1 Policy:਍ഀ Private development projects shall incorporate streetscape਍ഀ improvements (such as paver treatments, landscaping,਍ഀ lighting and seating areas), along adjacent pedestrian ways਍ഀ 3.3 Obiective:਍ഀ Encourage a wide variety of activities, events., and street life਍ഀ along pedestrian ways and plazas.਍ഀ 4.1 Obiective:਍ഀ Recognize the different roles of each type of open space in਍ഀ forming the overall fabric of the Village.਍ഀ 4.1.2 Policy:਍ഀ The development of new public plazas, and improvements਍ഀ to existing plazas (public art, streetscape features, seating਍ഀ areas, etc.) shall be strongly encouraged to reinforce their਍ഀ roles as attractive people places.਍ഀ E. 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 proposed਍ഀ additions are not located in any geologically sensitive areas or within the਍ഀ 100-year floodplain of Gore Creek or its tributaries.਍ഀ 12਍ഀ F. Site plan, building design and location and open space provisions਍ഀ designed to produce a functional development responsive and਍ഀ sensitive to natural features, vegetation and overall aesthetic quality਍ഀ of the community.਍ഀ The proposed addition does not disturb any natural features or vegetation.਍ഀ G. A circulation system designed for both vehicles and pedestrians਍ഀ addressing on and off-site traffic circulation.਍ഀ The proposed conversion of existing office and retail space to residential for਍ഀ an addition to an existing dwelling unit on the existing pedestrian plaza level਍ഀ will be detrimental to the pedestrian/ visitor experience by limiting the਍ഀ activity and vibrancy on the pedestrian circulation corridor. As mentioned in਍ഀ Criteria B, above, the subject property pedestrian plaza is part of the Village਍ഀ Pedestrian Network, designated in the Vail Village Master Plan - `Parking਍ഀ and Circulation Plan.'਍ഀ It shall be noted that any proposed changes to Building No. 2 of Phase III਍ഀ (subject property), if approved, shall require the improvement of the਍ഀ pedestrian walkway, pursuant to policies in the Vail Village Master Plan, on਍ഀ the east side of Building No. 2, connecting the north pedestrian plaza with਍ഀ the East Meadow Drive walkway. Improvements shall include, but not be਍ഀ limited to, resurfacing, landscaping and ADA (American's with Disability਍ഀ Act) compliance.਍ഀ H. Functional and aesthetic landscaping and open space in order to਍ഀ optimize and preserve natural features, recreation, views and਍ഀ functions.਍ഀ No changes to landscaping are proposed through this request. However, if਍ഀ approved, Staff would recommend a condition of approval be added to਍ഀ improve the landscaping on the east side of Building No. 2 along the਍ഀ pedestrian walkway.਍ഀ I. Phasing plan or subdivision plan that will maintain a workable,਍ഀ functional and efficient relationship throughout the development of਍ഀ the special development district.਍ഀ The addition is not proposed in phases.਍ഀ Vlll. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Planning and਍ഀ Environmental Commission forwards a recommendation of denial for a major਍ഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant to਍ഀ Article 12-9A, Special Development District, Vail Town Code, to the Vail Town਍ഀ Council. Staff's recommendation is based upon the review of the criteria found in਍ഀ Section VII of this memorandum and the evidence and testimony presented.਍ഀ 13਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial to the Vail Town Council of this proposed amendment਍ഀ to a Special Development District, the Department of Community Development਍ഀ recommends the Commission pass the following motion:਍ഀ "The Planning and Environmental Commission recommends denial of a਍ഀ major amendment to Special Development District No. 6, Village Inn਍ഀ Plaza, pursuant to Article 12-9A, Special Development District, Vail Town਍ഀ Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive (Village Inn Plaza)lLot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto."਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of denial to the Vail Town Council of this proposed amendment਍ഀ to a Special Development District, the Department of Community Development਍ഀ recommends the Commission makes the following findings:਍ഀ "The Planning and Environmental Commission finds:਍ഀ That the amendment is in-consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section VII਍ഀ of the Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does not further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review outlined਍ഀ in Section VII of the Staffs September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 3. That the amendment does not promote the health, safety, morals,਍ഀ and general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a manner਍ഀ that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the਍ഀ highest quality, based upon the review outlined in Section Vll of the਍ഀ Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ IX. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Proposed Architectural Plans਍ഀ C. Inclusionary Zoning (Employee Housing) Requirement਍ഀ D. Applicant letter਍ഀ E. 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COLORn~O਍ഀ 28਍ഀ Attachment C:਍ഀ Inclusionary Zoning Requirement਍ഀ Section 12-24, Vail Town Code਍ഀ Colondo Company Addition਍ഀ Legal Description: Lot O, Block 51), Vail Village Filing 1਍ഀ PEC 08-0049਍ഀ 1. Net New GRFA for Colondo Company Residence਍ഀ A. Residential Increase = Inclusionary Zoning਍ഀ Increase in GRFA = 1,237 sq ft increase਍ഀ Inclusionary Zoning requirement = 10 percent of net new residential sq ft਍ഀ 1237 sq ft x 10 % = 123.7 sq ft required deed restricted employee਍ഀ housing਍ഀ B. Possible Method of Mitigation for Inclusionary Zoning਍ഀ 1. Fee-in-Lieu਍ഀ i. Provide a fee-in-lieu payment to the Town of Vail of਍ഀ 123.7 sq ft x $301.65 / sq ft = $37,314.11਍ഀ II. Payment of the Fee-in-Lieu਍ഀ A. Payment of the fee-in-lieu of $37,314.11 must be paid prior to the issuance਍ഀ of a building permit for the project਍ഀ 29਍ഀ Attachment D:਍ഀ Applicant letter਍ഀ Sherman & Howard L.L.C.਍ഀ ATTORNEYS X. CMNS[LORS AT LAW਍ഀ f000 South rroneage R..d West . Sakr 200਍ഀ VAIL. COLORA©061657਍ഀ TruriloxE: (470) 475-76"਍ഀ FAX; (970) 476-i 116਍ഀ OFFFCCS IN: TXWEit - COLORA00 SFRSNGS਍ഀ PHOENIX RENO - LAS V r;0AS਍ഀ Timothy N. DvAia਍ഀ Direct Dial N (910) 79-0.1605਍ഀ £-mail: teierlin(ashermanharyard.cews਍ഀ Town of Vail਍ഀ Department of Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, CO 81657਍ഀ Attn: Nicole Peterson, Planner਍ഀ September 24, 2008਍ഀ Re: Colondo Company, Unit #602, Village Inn Plaza਍ഀ Request for Approval for a Major Amendment to SDD #6 to Increase the Total਍ഀ Allowable GRF'A within the District from 186,561 sq. ft. to 187,798 sq. ft.਍ഀ Dear Nicole:਍ഀ Thank you for the opportunity to submit revised information and design drawings related to਍ഀ Applicant Colondo Company's pending application for a. Major Amendment to SDD #6. This letter and਍ഀ accompanying materials are intended to modify the application as described herein.਍ഀ Description of the Nature of the (Revised) Project:਍ഀ The Applicant, Colondo Company, current owner of Village Inn Plaza Condominium Unit #110,਍ഀ is requesting approval for a major amendment to SDD #6 to increase the total allowable gross residential਍ഀ floor area (GRFA) within the district from 186,561 sq. ft. to 187,798 sq. fl. The Applicant is proposing to਍ഀ combine Unit #1110 with a portion of Unit #602 located immediately below. Unit #602 currently totals਍ഀ approximately 3,229 sq. ft., and is now leased by four tenants: (i) Digits Nail Boutique (108 sq. ft), (ii)਍ഀ Robinson, Mitchell & Associates (312 sq. ft.), (iii) To Catch a Cook (1,830 sq. ft.), and (iv) Tezla's਍ഀ Lingerie (979 sq. ft).਍ഀ The o~rtion of Unit #602 that the Applicant is proposing to convert from retail and office uses to਍ഀ residential use (the "Premises") is as follows:਍ഀ (i) all of Digits Nail Boutique (which will be relocated elsewhere within #602): 108 sq. ft.਍ഀ (ii) portion of Robinson, Mitchell (which will likely remain in reconfigured space): 115 sq. ft.਍ഀ (iii) portion of To Catch a Cook (which will be relocated into Tezla's vacated space): 976 sq. ft.਍ഀ (iv) miscellaneous (e.g. interior partition walls removed) 38 sq. ft.਍ഀ TOTAL: 1,237 sq. ft,਍ഀ Enclosed herewith are existing and proposed architectural design drawings prepared by Blue Line਍ഀ Architects for the Applicant, which have been revised from the original submission. GRFA has been਍ഀ reduced from 1,483 sq. ft, to 1,237 sq. ft., and 147 of 312 sq, ft. of Robinson Mitchell's space is retained਍ഀ as office/ retail use. There are two primary components to the proposed project request: (1) conversion of਍ഀ the Premises (1,237 SF) from retail and office uses to residential use (connecting to Unit #110 above -਍ഀ level 105.0'); and (2) conversion of one existing bedroom and bathroom in Unit ##110 (level 105.0') to਍ഀ 30਍ഀ Sherman & Howard L.L.C.਍ഀ become a dining area. Additional minor alterations to existing Unit #110 include the addition of a powder਍ഀ bath, a pantry, and an interior stair connecting Unit ##110 to the Premises below.਍ഀ II, Statement of How and K'here the Proposed Development Deviates from the Development਍ഀ Standards in the Property's Underlyin; Zone District:਍ഀ The underlying zoning district is Public Accommodation (PA). The proposed project does not਍ഀ deviate from the Development Standards in the PA District. The Applicant is requesting to increase the਍ഀ total allowable GRFA within SDD #6 from 186,561 sq. ft. to 187,798 sq. ft. by the addition of 1,237 sq.਍ഀ ft. of GRFA.਍ഀ III. Zoning and Parking Analvsis:਍ഀ Unit #602:਍ഀ Existing office & retail area, Unit #602: 3,229 sq, ft.਍ഀ Area of portion of Unit #602 converted from office & retail uses to residential use: 1 208 sq. ft.਍ഀ Remaining office and retail area, Unit #602: 2,021 sq. ft.਍ഀ Note that of the 1,208 sq. ft. proposed to be converted from retail &office uses to residential use,਍ഀ only 108 sq. ft. (Digits) has frontage along the pedestrian plaza, the remaining 1,100 sq. ft. is਍ഀ interior to the building.਍ഀ Unit #110:਍ഀ Existing GRFA, Unit 4110: 2,310 sq. ft_਍ഀ Additional GRFA, Premises (converted portion of Unit #602): 1,237 sq. ft.਍ഀ Total GRFA of Unit ##110 (after combination w/Premises): 3,547 sq. ft.਍ഀ Parking:਍ഀ Residential Use: Village hin Plaza is located within Commercial Core Area Parking Map 1, Vail Village.਍ഀ Per Town Code § 12-10-10, all dwelling units in Core Area Parking Map 1, regardless of size, are required਍ഀ to have a minimum of 1.4 parkin spaces. Therefore, the addition of 1,237 sq. ft. of GRFA to Unit #1110਍ഀ will not result in any additional parking spaces being required.਍ഀ Retail Office Uses: The decrease of approximately 1,208 net sq. ft. of professional office and retail area਍ഀ from a portion of Unit #602 will result in an overall decrease in parking required as follows:਍ഀ Retail and personal service area being eliminated from. Unit #602 (108 f 976) equals 1,084 sq. ft., which਍ഀ results in a reduction of 2.5 parking spaces (based on requirement of 2.3 spaces per 1,000 sq. tt.); and਍ഀ Professionallbusiness office area being eliminated from Unit #602 equals 115 sq. ft., which results in a਍ഀ reduction of 0.3 parking spaces (based on requirement of 2.7 spaces per 1,000 sq. f3.).਍ഀ TOTAL REDUCTION IN PARKING DEMAND: 2.8 PARKING SPACES਍ഀ IV. Design Criteria for Evaluating the Merits of the Proposed (Changes to) Special਍ഀ Development District (from Town Code 12-9A-8):਍ഀ A. Design compatibility and sensitivity to the immediate environment, neighborhood and਍ഀ adjacent properties relative to architectural design, scale, bulk, building height, buffer਍ഀ zones, identity, character, visual integrity and orientation.਍ഀ 31਍ഀ Sheer lean & Howard L.L.C.਍ഀ The proposed exterior alterations, including new windows and an entry door are compatible with਍ഀ the existing building architecture. There are no exterior building additions proposed.਍ഀ B. Uses, activity and density which provide a compatible, efficient and workable relationship਍ഀ with surrounding uses and activity.਍ഀ The proposed conversion and additional GRFA are consistent with the surrounding uses and਍ഀ activities, and would likely result in increased activity in the area since Unit 110 is occupied by the਍ഀ Applicant and its guests, on average, eighty (80) days per ski season. Note that Digits will be relocated਍ഀ within the same building at a different location, as will the portion of To Catch a Cook being converted਍ഀ (more below).਍ഀ Note also that the portion of Robinson Mitchell's space proposed to be converted from office to਍ഀ residential use is 115 sq. ft., and the portion of To Catch a Cook's space to be converted from retail to਍ഀ residential use is 976 sq, ft. Both spaces are interior to the building, and do not front directly onto the਍ഀ pedestrian plaza. Thus, of the 1,199 sq. ft. that is proposed to be converted from retail and office uses to਍ഀ residential use, only 108 sq. ft. (Digits) has direct frontage along the pedestrian plaza; the remaining 1,091਍ഀ sq. ft. (115 976) is interior to the building. To Catch a Cook will reconfigure its leased space to include਍ഀ the area currently occupied by Tezla's, which has decided not to renew its lease. The 108 sq. ft. from਍ഀ Digits' space will be used to accommodate a small entry foyer and new stairway to Unit #110 as shown਍ഀ on the enclosed revised floor plans.਍ഀ C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail਍ഀ Town Cade.਍ഀ 1. Parking:਍ഀ a. Residential Use. Village Inn Plaza is located within Commercial Core Area Parking Map਍ഀ 1, Vail Village. Per Town Code §12-10-10, all dwelling units in Core Area Parking heap 1,਍ഀ regardless of size, are required to have a minimum of 1.4 parking spaces. The addition of 1,237਍ഀ sq. ft. of GRFA to Unit #110 will not result in any additional parking spaces being required.਍ഀ b. Retail & Office Uses: The decrease of approximately 1,208 sq, ft. of professional office਍ഀ and retail area from a portion of Unit #6132 will result in an overall decrease in parking required as਍ഀ follows:਍ഀ Retail and personal service area being converted from Unit #602 equals 1,084 sq. ft. (108਍ഀ 9766), which results in a reduction of 2.5 parking spaces (based on 2.3 spaces/1,000 sq. ft.);਍ഀ Professional/business office area being eliminated from Unit #602 equals 115 sq. ft., which਍ഀ results in a reduction of 0.3 parking spaces (based on 2.7 spaces/1,000 sq. ft.਍ഀ TOTAL RE DUCTION IN PARKING DEMAND: 2.8 PARKING SPACES.਍ഀ 2. Loadin : The proposed conversion will have no impact on loading within SDD #6.਍ഀ D. Conformity with the applicable elements of the Vail Comprehensive Plan.਍ഀ The proposed addition of 1,237 sq. f3. of GRFA to SDD 96 is in conformance with the applicable਍ഀ elements of the Vail Comprehensive Plan, Vail Land Use Plan, and the Village Master Plan. It should be਍ഀ 32਍ഀ Sherman & Howard L.L.C.਍ഀ noted that similar requested conversions for increased GRFA within SDD #6 have been approved by਍ഀ Town Council (after recommendations of approval from both staff and PEC) for the following:਍ഀ 1. Units 17 & 29, Vail Village Plaza Condominiums Phase I (2005).਍ഀ The applicant under- this request for a major amendment to SDD #6 received approval to਍ഀ convert portions of then Units 17 and 29 (formerly Phoenix Rising and Steven Reeve Art Gallery਍ഀ locations) from retail/commercial use to a new dwelling unit, thereby adding 2,104 sq. ft. of਍ഀ GRFA to SDD #6 (and increasing density). Entry to this new Unit #29 is directly from of the਍ഀ pedestrian walkway. (See Ordinance No. 6, Series of 2005, and staff memo to PEC dated਍ഀ January 24, 2005.)਍ഀ 2. Portion of Alpenrose Restaurant. Vail Village aza Condominiums Phase I (2003).਍ഀ The applicant under this request for a major amendment to SDD #6 received approval to਍ഀ convert a portion of the Alpenrose to a new dwelling unit, thereby adding 2,132 sq. ft. of GRFA਍ഀ to SDD #6 (and increasing density). Entry to this new unit is also directly from the pedestrian਍ഀ walkway. (See Ordinance No. 32, Series of 2003, and staff memo to P1C dated June 9,਍ഀ 2003.)਍ഀ E. 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 proposed conversion area is਍ഀ not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its਍ഀ tributaries.਍ഀ F. Site plan, building design and location and open space provisions designed to produce a਍ഀ functional development responsive and sensitive to natural features, vegetation and overall਍ഀ aesthetic quality of the community.਍ഀ The proposed addition does not disturb any natural features or vegetation.਍ഀ G. A circulation system designed for both vehicles and pedestrians addressing on and off-site਍ഀ traffic circulation.਍ഀ The proposed conversion of existing office and retail space to residential use for an addition to਍ഀ Applicant's existing dwelling unit will have no detrimental impact on vehicular or pedestrian circulation਍ഀ on or off-site. See Section IV. 13 above.਍ഀ IL Functional and aesthetic landscaping and open space in order to optimize and preserve਍ഀ natural features, recreation, views and functions.਍ഀ No changes to landscaping are proposed through this request.਍ഀ Phasing plan or subdivision plan that will maintain a workable, functional and efficient਍ഀ relationship throughout the development of the special development district.਍ഀ The addition is not proposed. in phases.਍ഀ 33਍ഀ Sherman & Howard L.L.C.਍ഀ Thank you again for your assistance in working through the issues that have arisen as a result of਍ഀ Colondo Company's Application. Please do not hesitate to contact me directly if you have any questions਍ഀ or would like additional information.਍ഀ Very Truly "Yours,਍ഀ SHERMAN & HOWARD L.L.C.਍ഀ Timothy Devlin਍ഀ Enclosures - Revised Architecturai I rawin :਍ഀ A2.1 -Level 95.0' ExistingfDemolition Plan;਍ഀ A2.2 - Level 95.0' Proposed Floor Plan;਍ഀ A2.3 - Level 105.0' ExistingfDemolition Plan;਍ഀ A2.4 - Level 105.0' Proposed Floor Plan;਍ഀ A2.5 -Level 114.4' Floor Plan (No Modifications);਍ഀ A3.1 Existing and Proposed East Elevations;਍ഀ A3.2 - Existing and Proposed North Elevations;਍ഀ A5.1 - Vicinity Map and Photo Reference਍ഀ cc: A. Chedraui਍ഀ I Staufer਍ഀ S. Brummett਍ഀ 34਍ഀ Attachment E:਍ഀ Citizen Letters and Emails਍ഀ From: <dten1195co@aol.com>਍ഀ To: <npeterson@vailgov.com>਍ഀ Date: 08118/2008 3:16 PM਍ഀ Subject: Rezoning਍ഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plaza਍ഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety of਍ഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and see਍ഀ what is happening and that leads to shopping and diningl We need more businesses in Vail Village not਍ഀ more residences.਍ഀ Sincerely, Deborah Tennant 476-8523਍ഀ Sent via BlackBerry by AT&T਍ഀ 35਍ഀ 100 E. Meadow Drive. Suite 6਍ഀ Vail Colorado 81657਍ഀ UNITED STt117ES OF AMERICA਍ഀ Phone 970 477-215; Fax 470 477-2155਍ഀ obinson, Mitchel l& Associates LLC਍ഀ Tuesday, September 23, 2008਍ഀ Town of Vail਍ഀ Planning Board਍ഀ Vail Co. 81657਍ഀ Sirs and Madams਍ഀ I have my office in a portion of the property known as Unit 602 Village Inn Plaza਍ഀ Condominium that is currently in the process of converting a portion into residential that is now਍ഀ commercial. I will loose a part or all of the sq. footage of my existing Real Estate office in the਍ഀ conversion.਍ഀ I had agreed from the onset to relinquish the lease interest in my portion for the਍ഀ redevelopment. I am certainly willing to do so and I approve the change if I am able to remain਍ഀ in a down sized portion if that is the approved plan.਍ഀ In my nine year tenure in this area it has never been a traffic area for shopper or other parties਍ഀ and is strictly a destination space for myself and , I believe, Didgits space as well. I am sure the਍ഀ Didgits space located in a portion of what is now Tezla's will be comparable if not better for the਍ഀ tenant.਍ഀ I would be glad to answer any questions you might have.਍ഀ Sincerely,਍ഀ William (Robby) Robinson਍ഀ Robinson mitchell & Associates਍ഀ Quality Service and Detailed .਍ഀ Attention to all our clients needs al਍ഀ all times.਍ഀ 36਍ഀ Plan" and Environmental Commmion਍ഀ Tovrn of Nall਍ഀ Jail Colorado 81657਍ഀ September 23, ZW8਍ഀ To whom it may wncern,਍ഀ The undersigned supports the conversion of the present back਍ഀ part !of the unit owned lay Mr. Chedraui.਍ഀ Thelspace under consideration is not prime corrsxnercial and 1਍ഀ public.਍ഀ Being part of a residential unit is a much better use for the਍ഀ This is in keeping with prior conversions in SDD 6 which all਍ഀ to be used Ivor residential, ( Ralph Lauren Polo Shop, Alperu਍ഀ Your tnily,਍ഀ of commercial to be਍ഀ no exposure to the਍ഀ d marginal commercial਍ഀ Main' Dressing Salon )਍ഀ 37਍ഀ Planning and Environmental Commission਍ഀ Town of Vail਍ഀ Vail Colorado 81657਍ഀ September 23, 20018਍ഀ To whom it may concern,਍ഀ The undersigned supports the conversion of the present back space of commercial to be਍ഀ part of the unit owned by Mr. Chedraui.਍ഀ The space under consideration is not prime commercial and has no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a. much better use for the space.਍ഀ This is in keeping with prior conversions in SDD 6 which allowed marginal cotwnercial਍ഀ to be used for residential. (Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )਍ഀ Yours truly, _਍ഀ ~)14?so _sd.vdF਍ഀ 38਍ഀ Planning and Environmental Commission਍ഀ Town of Vail਍ഀ Vail Colorado 81657਍ഀ September 23, 2008਍ഀ To whom it may concern,਍ഀ The undersigned supports the conversion of the present back space of commercial to be਍ഀ part of the unit owned by Mr. Chedraui.਍ഀ The space under consideration is not prune commercial and has no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a much better use far the space.਍ഀ This is in keeping with prior conversions in SDD 6 which allowed marginal commercial਍ഀ to be used for residential. (Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )਍ഀ Yours truly,਍ഀ Cr)o-਍ഀ 39਍ഀ SUPPLEMENT MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: October 13, 2008਍ഀ SUBJECT: SUPPLEMENT TO STAFF MEMORANDUM DATED OCTOBER 13, 2008਍ഀ regarding a request for a final recommendation to the Vail Town Council on਍ഀ 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 the conversion of an existing office and retail space to residential਍ഀ for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot਍ഀ O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.਍ഀ (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ I. SUMMARY਍ഀ Since the original Staff Memorandum was sent to the Planning and Environmental਍ഀ Commission, Staff has become aware of illegal construction on the subject਍ഀ property. Specifically, the asphalt walkway along the east side of building 2,਍ഀ Phase 111, SDD #6 located at 68 Meadow Drive, was removed and two wood਍ഀ retaining walls were installed at either end of said walkway (Attachment A:਍ഀ Photos). The construction and demolition requires a Design Review application਍ഀ under section 12-11-3, Vail Town Code.਍ഀ I1. STAFF RECOMMENDATION਍ഀ With new knowledge of the illegal construction on the subject property, the਍ഀ Community Development Department recommends the Planning and਍ഀ Environmental Commission tables indefinitely, the request for major amendment਍ഀ to SDD No. 6, Village Inn Plaza.਍ഀ Should the Planning and Environmental Commission choose to table indefinitely਍ഀ this proposed amendment, the Department of Community Development਍ഀ recommends the Commission pass the following motion:਍ഀ "The Planning and Environmental Commission recommends the request਍ഀ for major amendment to Special Development District No. 6, Village Inn਍ഀ Plaza, number PEC 08-0049, be tabled indefinitely, with the following਍ഀ finding:਍ഀ That construction and demolition has commenced on the subject property਍ഀ in violation of Section 12-11-3, Vail Town Code and the Planning and਍ഀ Environmental Commission will not hear the request until the illegal਍ഀ construction has been resolved."਍ഀ Attachment A: Photos਍ഀ I਍ഀ 10਍ഀ VAIL TOWN COUNCIL਍ഀ WORK SESSION AGENDA਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 12:10 P.M., TUESDAY, OCTOBER 21, 2008਍ഀ NOTE: Times of items are approximate, subject to change, and਍ഀ cannot be relied upon to determine at what time Council਍ഀ will consider an item.਍ഀ Council will be served lunch.਍ഀ 1. Nicole Peterson ITEM/TOPIG Site Visit. -First reading of Ordinance No. 22, Series਍ഀ of 2008, repealing and re-enacting Ordinance No. 6, Series of਍ഀ 2005, Vail Village Inn, amending and re-establishing the approved਍ഀ development plan for Phase III of Special Development District਍ഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and਍ഀ retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village਍ഀ Filing 1, and setting forth details in regard thereto. (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 22, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 13, 2008, the਍ഀ Planning and Environmental Commission voted 2-1-1 (Kurz਍ഀ opposed, Pierce recused) to forward a recommendation of਍ഀ approval to the Town Council for the proposed amendments for਍ഀ SDD No. 6, Vail Village Inn, Phase III.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council denies Ordinance No. 22, Series of 2008, on first reading.਍ഀ 2. George Ruther • ITEM/TOPIC( ,Site Visit,) First reading of Ordinance No. 23, Series਍ഀ of 2008, an ordmar~e amending Chapter 12-22, View Corridors,਍ഀ Vail Town Code, pursuant to Section 12-22-4, Adoption of View਍ഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, to਍ഀ adopt two new view corridors and amend one existing view਍ഀ corridor in LionsHead, and setting forth details in regard thereto.਍ഀ (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 23, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 13, 2008, the਍ഀ Planning and Environmental Commission voted 3-0-1 (Pierce਍ഀ abstained) to forward a recommendation of approval to adopt two਍ഀ new view corridors and amend one existing view corridor in਍ഀ LionsHead, pursuant to the recommendations outlined in Chapter਍ഀ 4, Recommendations-Overall Study Area, Public View Corridors,਍ഀ LionsHead Redevelopment Master Plan, and setting forth details਍ഀ in regard thereto.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 23, Series of 2008, on first਍ഀ reading.਍ഀ 3. Warren Cambell ITEMITOPIC: PEC/DRB Update. (15 min.)਍ഀ 4.Rachel Friede ITEM/TOPIC: The purpose of this work session is to discuss the਍ഀ Town's policies and adopted land use regulations that both਍ഀ directly and indirectly affect development on sites with steep਍ഀ slopes. (20 min.)਍ഀ BACKGROUND RATIONALE: In recent years, the Town has਍ഀ seen unprecedented growth within its boundaries. Due to the਍ഀ topography of the Town, many lots are located on slopes of 30%਍ഀ or greater, some even exceeding 40% slope. More specifically,਍ഀ the remaining approximately 100 vacant privately owned lots਍ഀ within the Town are mostly located on slopes of 30% or greater.਍ഀ This has resulted in an increase in development applications for਍ഀ structures on lots with slopes of 30% or greater. While the Town਍ഀ has regulations to provide structure to developing on steep lots,਍ഀ the question remains as to whether these regulations and their਍ഀ effects are in line with Town policies.਍ഀ ACTION REQUESTED OF COUNCIL: Staff requests that the Vail਍ഀ Town Council listen to the presentation, ask any pertinent਍ഀ questions, and provide feedback to Staff. Because this is a work਍ഀ session, Staff does not request that any action be taken at this਍ഀ time.਍ഀ 5. Kent Logan ITEM/TOPIC: Local Economy Discussion. (45 min.)਍ഀ Johannes Faessler਍ഀ Harry Frampton਍ഀ 6. Greg Hall ITEM/TOPIC: Review a concept sketch plan on the North Day Lot਍ഀ which includes the shuttle drop off, in addition to Vail Resorts਍ഀ Development Company (VRDC) employee housing and skier drop਍ഀ off. Provide staff direction on additional information needed to਍ഀ C਍ഀ VAIL TOWN COUNCIL਍ഀ EVENING SESSION AGENDA਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 6:00 P.M., TUESDAY, OCTOBER 21, 2008਍ഀ NOTE: Times of items are approximate, subject to change, and਍ഀ cannot be relied upon to determine at what time Council਍ഀ will consider an item.਍ഀ 1. ITEM/TOPIC: Citizen Input. (10 min.)਍ഀ 2. Eagle County BOCC ITEMITOPIC: Sustainable Communities 2010. (50 min.)਍ഀ BACKGROUND RATIONALE: Eagle County Commissioners and਍ഀ staff have begun a comprehensive initiative called Sustainable਍ഀ Communities 2010. This effort will provide local decision makers਍ഀ quantifiable "quality of life" data and information, along with਍ഀ suggested tools, in order to assist in decision making when਍ഀ developing public policy toward sustainable communities਍ഀ throughout Eagle County. The program is in direct support of our਍ഀ organizational mission statement, which is "To be the model of਍ഀ excellence for mountain communities by 2010."਍ഀ The purpose of Sustainable Communities 2010 is to first quantify਍ഀ resident's needs and levels of service, then recommend solutions਍ഀ to ensure impacts associated with growth are mitigated and਍ഀ adequate services provided, to meet the demands of the਍ഀ population. Sustainable Communities 2010 comprehensively਍ഀ considers the economic, social and environmental challenges that਍ഀ arise from growth. Perhaps the most important aspect of the਍ഀ initiative is the sharing of this information with towns and other਍ഀ community leaders, through ongoing communication and਍ഀ collaboration.਍ഀ 3. Stan Zemler ITEMITOPIC: Town Manager's Report. (15 min.)਍ഀ ➢ Fire Station RFP.਍ഀ ➢ ADA Compliance Update.਍ഀ ➢ Chamonix Master Plan Update.਍ഀ 4. Kristen Bertgulia ITEM/TOPIC: Vail Environmental Sustainability Plan. (20 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Provide staff with direction਍ഀ on the proposed policies and goals identified in the Draft Vail਍ഀ Environmental Sustainability Plan.਍ഀ BACKGROUND RATIONALE: The Vail Town Council will be਍ഀ adopting an Environmental Sustainability Plan. The action steps਍ഀ identified in the Vail Environmental Sustainability Plan are based਍ഀ on achieving those goals.਍ഀ ACTION REQUESTED BY TOWN COUNCIL: Provide staff with਍ഀ direction with respect to identification and prioritization of਍ഀ environmental sustainability policies and goals. This will allow staff਍ഀ to continue developing the Environmental Sustainability Plan਍ഀ consistent with Town Council's expectations. It is the intention of਍ഀ the Town of Vail Environmental Team to work with the Town਍ഀ Council on the development of action steps in the next 60 days਍ഀ that leads to the adoption of this plan. The adopted Vail਍ഀ Environmental Sustainability Plan will lead the actions of staff and਍ഀ the Community Development Department.਍ഀ 5. George Ruther ITEMITOPIC: Presentation to the Vail Town Council on the current਍ഀ status of the Ever Vail redevelopment, which will include the਍ഀ application submittals, the process, and roles and responsibilities਍ഀ of the Town moving forward. (20 min.)਍ഀ ACTION REQUESTED OF COUNCIL: There is no action requested਍ഀ of Council at this time.਍ഀ BACKGROUND RATIONALE: The redevelopment of the area known਍ഀ as Ever Vail is an intricate project with many applications and steps਍ഀ within the development review process. Staff and Vail Resorts਍ഀ Development Company have scheduled a presentation with the Vail਍ഀ Town Council in an effort to communicate the applications and review਍ഀ process for Ever Vail. A presentation to the Vail Town Council will਍ഀ include the review steps that are completed and the anticipated future਍ഀ steps in the review of the Ever Vail redevelopment. Furthermore it will਍ഀ include the roles and responsibilities of the Town Council, Planning਍ഀ and Environmental Commission, and Design Review Board.਍ഀ 6. Greg Hall ITEM/TOPIC: Update on 1-70 noise issues including noise reading਍ഀ Dwight Henninger results of 1-70 noise in a before and after comparison of the 1-70਍ഀ overlay project. (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Listen to the presentation਍ഀ and ask questions and provide direction.਍ഀ BACKGROUND RATIONALE: 1-70 noise mitigation has been a਍ഀ priority of numerous Town Councils. Various studies have been਍ഀ performed in determining the best strategies on mitigating noise in਍ഀ Vail. In 2005 the council adopted a multi-prong approach to਍ഀ mitigating noise. The four major components were:਍ഀ Enforcement.਍ഀ • Education.਍ഀ • Engineering.਍ഀ • Legislation.਍ഀ This is an update on the progress on the various programs. The਍ഀ full report can be viewed at http://www.vailgov.com look at current਍ഀ project and issues box 1 70 noise mitigation.਍ഀ ~•i. 7. Nicole Peterson ITEM/TOPIC: First reading of Ordinance No. 22, Series of 2008,਍ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail਍ഀ Village Inn, amending and re-establishing the approved਍ഀ development plan for Phase III of Special Development District਍ഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and਍ഀ retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village਍ഀ Filing 1, and setting forth details in regard thereto. (20 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 22, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 13, 2008, the਍ഀ Planning and Environmental Commission voted 2-1-1 (Kurz਍ഀ opposed, Pierce recused) to forward a recommendation of਍ഀ approval to the Town Council for the proposed amendments for਍ഀ SDD No. 6, Vail Village Inn, Phase III.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council denies Ordinance No. 22, Series of 2008, on first reading.਍ഀ 8. George Ruther ITEMITOPIC: Site Visit. First reading of Ordinance No. 23, Series਍ഀ of 2008, an ordinance amending Chapter 12-22, View Corridors,਍ഀ Vail Town Code, pursuant to Section 12-22-4, Adoption of View਍ഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, to਍ഀ adopt two new view corridors and amend one existing view਍ഀ corridor in LionsHead, and setting forth details in regard thereto.਍ഀ (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 23, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 13, 2008, the਍ഀ Planning and Environmental Commission voted 3-0-1 (Pierce਍ഀ abstained) to forward a recommendation of approval to adopt two਍ഀ new view corridors and amend one existing view corridor in਍ഀ LionsHead, pursuant to the recommendations outlined in Chapter਍ഀ 4, Recommendations-Overall Study Area, Public View Corridors,਍ഀ LionsHead Redevelopment Master Plan, and setting forth details਍ഀ in regard thereto.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 23, Series of 2008, on first਍ഀ reading.਍ഀ 9. Tom Kassmel ITEM/TOPIC: An Ordinance Approving A Holy Cross Energy Utility਍ഀ Easement within the Town of Vail Open Space between਍ഀ Matterhorn Circle and Upper Matterhorn Circle. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ amendments, or deny Ordinance No. 24, Series of 2008.਍ഀ BACKGROUND RATIONALE: An existing overhead electric line਍ഀ used to cross the middle bench open space without an easement.਍ഀ This year Holy Cross Energy lowered this stretch of overhead line਍ഀ at the request and cost of a private homeowner. Neither the਍ഀ existing nor the current electric lines have had a dedicated਍ഀ easement. Holy Cross and Town staff would like to have an਍ഀ easement granted to accommodate the new buried line.਍ഀ STAFF RECOMMENDATION: Approve, approve with਍ഀ amendments, or deny Ordinance No. 24, Series of 2008.਍ഀ 10. Warren Cambell ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 16,਍ഀ Series of 2008, an ordinance requesting a zone district boundary਍ഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Town਍ഀ Code, to allow for the rezoning of a 430 square foot parcel of land਍ഀ from High Density Multiple-Family (HDMF) District to General Use਍ഀ (GU) District, and setting forth details in regard thereto. (5 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 16, Series of 2008, on਍ഀ second reading.਍ഀ BACKGROUND RATIONALE: On August 11, 2008, the Planning਍ഀ and Environmental Commission voted 5-0-0 to forward a਍ഀ recommendation of approval for a zone district boundary਍ഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Town਍ഀ Code, and setting forth details in regard thereto.਍ഀ On October 7, 2008, the Town Council unanimously approved the਍ഀ first reading of Ordinance No. 16, Series of 2008.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 16, Series of 2008, on second਍ഀ reading.਍ഀ 11. ITEM/TOPIC: Second reading of Ordinance No. 21, Series of਍ഀ 2008, for prescribed regulations amendments to Section 14-10-7,਍ഀ Outdoor Lighting, Vail Town Code, to allow for amendments to the਍ഀ MEMORANDUM਍ഀ TO: Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: October 21, 2008਍ഀ SUBJECT: A request for first reading of Ordinance No. 22, Series of 2008, repealing਍ഀ and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn,਍ഀ amending the approved development plan for Phase III of SDD No. 6,਍ഀ pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code,਍ഀ to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard,਍ഀ LLC਍ഀ Planner: Nicole Peterson਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ This SDD major amendment ordinance request includes the conversion of਍ഀ existing office and retail space to residential for an approximate 1,237 gross਍ഀ residential square foot addition to existing residential unit #110. The proposed਍ഀ addition is immediately below the existing unit #110 and includes a new exterior਍ഀ entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, two bedrooms and three bathrooms. The proposal also਍ഀ includes the interior reconfiguration of the existing unit #110 level 105.0' and਍ഀ minor exterior alterations. The proposal does not include any additions outside਍ഀ the exterior walls of the existing building. The addition area is currently occupied਍ഀ by three commercial lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ Please see Staff's October 13, 2008, memorandum to the Planning and਍ഀ Environmental Commission (Attachment A) for plans and additional information.਍ഀ Since the PEC hearing, Staff received a voice mail from Bob McNichols, who਍ഀ expressed his opposition to the request. Mr. McNichols stated he would forward਍ഀ a letter, which Staff will distribute at the Council hearing on October 21, 2008.਍ഀ II. BACKGROUND਍ഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,਍ഀ recommended that the Council approve the request with the following conditions:਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the east਍ഀ side of the subject property, by submitting a Design Review application, prior਍ഀ to the submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress,਍ഀ egress, and accessibility for Vail Village Inn Phase III which may include਍ഀ improvements to the public walkway, along the east side of the subject਍ഀ property, from the pedestrian plaza to Meadow drive. Compliance shall be਍ഀ demonstrated in conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on the west਍ഀ end of the existing underground parking garage (Under Building No. 1 in਍ഀ Phase III) that aligns with the Plaza's existing loading and delivery garage਍ഀ door at the east end of the underground parking garage, accessed off the਍ഀ South Frontage Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11,਍ഀ prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal,਍ഀ prior to submitting a building permit application.਍ഀ Ill. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Town Council਍ഀ deny the request based on the review criteria and findings found in Section VII of਍ഀ Staff Memorandum dated October 13, 2008 (Attachment A).਍ഀ Motion to Deny:਍ഀ Should the Council choose to deny this amendment to a Special Development਍ഀ District No. 6, the Department of Community Development recommends the਍ഀ Council make the following motion:਍ഀ "The Town Council deny's, the first reading of Ordinance No. 22, Series਍ഀ of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail਍ഀ Village Inn, amending the approved development plan for Phase 111 of਍ഀ SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and retail਍ഀ space to residential for an addition to an existing dwelling unit, located at਍ഀ 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto."਍ഀ Should the Council choose to deny this amendment to a Special Development਍ഀ District No. 6, the Department of Community Development recommends the਍ഀ Council make the following findings:਍ഀ That the amendment is in-consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section Vll਍ഀ of the Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does not further the general and specific਍ഀ 2਍ഀ purposes of the Zoning Regulations, based upon the review outlined਍ഀ in Section Vll of the Staff's September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 3. That the amendment does not promote the health, safety, morals,਍ഀ and general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a manner਍ഀ that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the਍ഀ highest quality, based upon the review outlined in Section VIl of the਍ഀ Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ Motion to Approve:਍ഀ Should the Council choose to approve this amendment to a Special਍ഀ Development District No. 6, the Department of Community Development਍ഀ recommends the Council make the following motion:਍ഀ "The Town Council approves, with conditions, the first reading of਍ഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance਍ഀ No. 6, Series of 2005, Vail Village Inn, amending the approved਍ഀ development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A-਍ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversion਍ഀ of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail਍ഀ Village Filing 1, and setting forth details in regard thereto."਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ Development Department, consistent with the Planning and Environmental਍ഀ Commission recommendation, suggests the following conditions:਍ഀ 1. The applicant shall address the illegal demolition of the walkway on਍ഀ the east side of the subject property, by submitting a Design Review਍ഀ application, prior to the submittal of a Design Review application for਍ഀ the exterior changes associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for਍ഀ ingress, egress, and accessibility for Vail Village Inn Phase Ill which਍ഀ may include improvements to the public walkway, along the east side਍ഀ of the subject property, from the pedestrian plaza to Meadow drive.਍ഀ Compliance shall be demonstrated in conjunction with Building Permit਍ഀ submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on਍ഀ the west end of the existing underground parking garage (Under਍ഀ Building No. 1 in Phase //I) that aligns with the Plaza's existing loading਍ഀ and delivery garage door at the east end of the underground parking਍ഀ garage, accessed off the South Frontage Road, prior to the issuance਍ഀ of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of਍ഀ $37,314.11, prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the਍ഀ proposal, prior to submitting a building permit application.਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ Development recommends the Council makes the following findings:਍ഀ That the amendment is consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section VII਍ഀ of the Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does further the general and specific purposes਍ഀ of the Zoning Regulations, based upon the review outlined in Section਍ഀ Vll of the Staff's September 22, 2008, memorandum to the Planning਍ഀ and Environmental Commission; and਍ഀ 3. That the amendment does promote the health, safety, morals, and਍ഀ general welfare of the Town, and does not promote the coordinated਍ഀ and harmonious development of the Town in a manner that conserves਍ഀ and enhances its natural environment and its established character as਍ഀ a resort and residential community of the highest quality, based upon਍ഀ the review outlined in Section Vll of the Staff's September 22, 2008,਍ഀ memorandum to the Planning and Environmental Commission.਍ഀ IV. ATTACHMENTS਍ഀ A. Staff memorandum to PEC dated October 13, 2008, including plans਍ഀ B. Staff Supplement memorandum to PEC dated October 13, 2008,਍ഀ including applicant response and additional citizen letter.਍ഀ C. Ordinance No. 22, Series of 2008਍ഀ D. PEC October 13, 2008 minutes਍ഀ 4਍ഀ Attachment C਍ഀ ORDINANCE NO. 22਍ഀ Series of 2008਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2005,਍ഀ AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD NO. 6,਍ഀ PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO਍ഀ ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO਍ഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68਍ഀ MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS਍ഀ IN REGARD THERETO.਍ഀ WHEREAS, amendments to a Special Development District are permitted pursuant to਍ഀ parameters set forth for such in Section 12-9A-10 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 October 13, 2008 to consider the proposed amendment in accordance with the਍ഀ provisions of the Town Code of the Town of Vail and forwarded a 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 Special਍ഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the਍ഀ Vail Town Code and that the applicant has demonstrated that any adverse effects of the਍ഀ requested deviations from the development standards of the underlying zoning are outweighed਍ഀ by the public benefits provided; and਍ഀ WHEREAS, the approval of the major amendment to Special Development District No. 6,਍ഀ 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 of the public health,਍ഀ safety, and welfare to adopt the proposed amendments to Special Development District No. 6਍ഀ Ordinance No. 6, Series 2005਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO, THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with s ethrough਍ഀ Section 1. Purpose of the Ordinance਍ഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase I I I of਍ഀ SDD No. 6, to allow for the conversion of an existing office and retail space to residential for an਍ഀ addition to an existing dwelling unit.਍ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Report਍ഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have been਍ഀ fulfilled and the Vail Town Council has received the recommendation of approval from the਍ഀ Planning & Environmental Commission for the major amendment to Special Development਍ഀ District No. 6, Vail Village Inn. 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, is hereby amended to assure਍ഀ comprehensive development and use of the area in a manner that would be harmonious with the਍ഀ general character of the Town, provide adequate open space and recreation amenities, and਍ഀ promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special਍ഀ Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the਍ഀ Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has਍ഀ been amended because there are significant aspects of the Special Development District that਍ഀ cannot be satisfied through the imposition of the standard Public Accommodation zone district਍ഀ Ordinance No. 6, Series 2005 2਍ഀ requirements.਍ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Inn਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase਍ഀ III, shall include the following plans and materials prepared by Blue Line Architects, dated਍ഀ September 24, 2008:਍ഀ a. A1.3. Parking Map਍ഀ b. A2.1. Level 95.0 Existing਍ഀ C. A2.2. Level 95.0 Proposed਍ഀ d. A2.3. Level 105.0 Existing਍ഀ e. A2.4. Level 105.0 Proposed਍ഀ f. A2.5. Level 114.4 Existing਍ഀ g. A3.1 Exterior elevations਍ഀ h. A3.2 Exterior elevations਍ഀ i. A5.1. Vicinity Map਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, 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 March 1, 2005:਍ഀ a. A200. Level One Floor Plan਍ഀ b. A201. Level Two Floor Plan਍ഀ C. A202. Level Three Floor Plan਍ഀ Ordinance No. 6, Series 2005 3਍ഀ d. A301. North & South Elevations਍ഀ e. A302. East & West Elevations਍ഀ Density-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਍ഀ Density - 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 - 187,798 Square Feet਍ഀ Other Development Standards਍ഀ No other development standards are amended by this ordinance.਍ഀ Section 5. Conditions of Approval਍ഀ The following conditions of approval shall become part of the Town's approval of the establishment਍ഀ of Special Development District No. 6, Vail Village Inn:਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the east side of the਍ഀ subject property, by submitting a Design Review application, prior to the submittal of a Design਍ഀ Review application for the exterior changes associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress, egress, and਍ഀ accessibility for Vail Village Inn Phase III which may include improvements to the public walkway,਍ഀ along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance਍ഀ shall be demonstrated in conjunction with Building Permit submittal.਍ഀ Ordinance No. 6, Series 2005 4਍ഀ 3. The applicant shall install a new loading and delivery connection on the west end of the਍ഀ existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza's਍ഀ existing loading and delivery garage door at the east end of the underground parking garage,਍ഀ accessed off the South Frontage Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionary Zoning, by਍ഀ payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal, prior to਍ഀ submitting a building permit application.਍ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for਍ഀ any reason held to be invalid, such decision shall not effect the validity of the remaining portions of਍ഀ this ordinance; and the Town Council hereby declares it would have passed this ordinance, and਍ഀ each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any਍ഀ one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 7. The amendment of any provision of the Town Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to਍ഀ the effective date hereof, any prosecution commenced, 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 8. 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.਍ഀ Ordinance No. 6, Series 2005 5਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED਍ഀ PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2008 and a public਍ഀ hearing for second reading of the Ordinance set for the 4th day of November, 2008, in the਍ഀ Council Chambers of the Vail Municipal Building, Vail, Colorado.਍ഀ Richard Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ Ordinance No. 6, Series 2005 6਍ഀ Attachment D:਍ഀ DRAFT MINUTES਍ഀ PLANNING AND ENVIRONMENTAL COMMISSION਍ഀ October 13, 2008਍ഀ 1:OOpm਍ഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME਍ഀ 75 S. Frontage Road - Vail, Colorado, 81657਍ഀ MEMBERS PRESENT਍ഀ Bill Pierce਍ഀ Rollie Kjesbo਍ഀ Susie Tjossem਍ഀ Michael Kurz਍ഀ MEMBERS ABSENT਍ഀ Sarah Robinson-Paladino਍ഀ Scott Proper਍ഀ David Viele਍ഀ Site Visits:਍ഀ 1. Village Inn Plaza, 68 Meadow Drive਍ഀ 2. Lionshead Public View Corridors, Lionshead Village਍ഀ 45 Minutes਍ഀ 1. A request for a final recommendation to the Vail Town Council on a major਍ഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Article਍ഀ 12-9A, Special Development District, Vail Town Code, to allow for the conversion of an਍ഀ existing office and retail space to residential for an addition to an existing dwelling unit,਍ഀ located at 68 Meadow Drive (Village Inn Plaza)/Lot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto. (PEC080049)਍ഀ Applicant: Colorado Company, represented by Sherman & Howard, LLC਍ഀ Planner: Nicole Peterson਍ഀ ACTION: Recommendation of approval, with conditions਍ഀ MOTION: Tjossem SECOND: Kjesbo VOTE: 2-1-1 (Kurz opposed,਍ഀ Pierce recused)਍ഀ CONDITION(S):਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the਍ഀ east side of the subject property, by submitting a Design Review application, prior਍ഀ to the submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress,਍ഀ egress, and accessibility for Vail Village Inn Phase 111 which may include਍ഀ improvements to the public walkway, along the east side of the subject property,਍ഀ from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in਍ഀ conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on the਍ഀ west end of the existing underground parking garage (Under Building No. 1 in਍ഀ Phase III) that aligns with the Plaza's existing loading and delivery garage door at਍ഀ the east end of the underground parking garage, accessed off the South Frontage਍ഀ Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior਍ഀ to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal,਍ഀ prior to submitting a building permit application.਍ഀ Commissioner Pierce identified he had a conflict of interest on this item and recused਍ഀ himself from the hearing.਍ഀ Nicole Peterson distributed a Supplemental Staff memorandum and brought attention to਍ഀ the illegal construction that had occurred on site, the week prior. She informed the਍ഀ Commission that Staff was recommending that this application be tabled until such time਍ഀ as a Design Review application could be submitted in regards to the illegal walkway਍ഀ demolition.਍ഀ Tim Devlin of Sherman and Howard, representing the applicant, stated the਍ഀ circumstances behind the construction that had occurred on site. He stated that Deanne਍ഀ Hall, the president of the Vail Village Inn Phase III, had apparently requested the work਍ഀ be performed without the knowledge that a Design Review application was necessary.਍ഀ A Design Review application has been forwarded to the association president for review.਍ഀ The Commissioners spoke with each other and it was determined that they would hear਍ഀ the application and if necessary they would place a condition on any motion directing਍ഀ Vail Village Inn Phase III to correct the situation with regard to the walkway.਍ഀ Nicole Peterson continued with her presentation per, explaining the Staff memorandum਍ഀ and stated that staff is recommending denial of the application.਍ഀ Tim Devlin continued with his presentation drawing attention to the table contained in the਍ഀ Staff memorandum which compared the proposed application to those previously਍ഀ approved. He utilized several boards depicting floor plans to make several points with਍ഀ regard to the frontage of retail being removed and the amount of square footage on the਍ഀ ground floor. He continued by going through the memorandum's background on਍ഀ previous residential expansion approvals. He pointed out that his client would propose਍ഀ to utilize the pay-in-lieu option to mitigate the employee housing mitigation.਍ഀ Jonathan Stauffer, representing the subject property owner, gave some background on਍ഀ the events leading to the illegal construction. He further stated that the owner of਍ഀ residential unit #110 (subject of addition/ conversion), occupies his unit the entirety of਍ഀ the winter season. Thus the unit is a hot/warm bed during the ski season.਍ഀ Commissioner Kjesbo, asked what Staff would think if the application did not include the਍ഀ Digits Salon and a portion of the Real Estate office.਍ഀ Warren Campbell, Chief of Planning, stated that Staff did suggest utilizing only the਍ഀ interior portion of `To Catch A Cook.' He stated that planning staff would review the਍ഀ application differently, if that was the proposal; however, he did not commit to any਍ഀ recommendation that would result.਍ഀ Ken Bridges of Blue Line Architects, representing the applicant, gave a presentation on਍ഀ the reasons behind the layout proposed. He pointed out the traffic flow within the unit਍ഀ and the need for the stairs to be located in the space proposed.਍ഀ Joe Stauffer, owner of the commercial space to be converted, stated that there had been਍ഀ an office use in the real estate space since the start of the project and that he believes਍ഀ the subject area has very little pedestrian traffic.਍ഀ Rob Robinson of Robinson Mitchell and Associates (subject Real Estate office) stated਍ഀ that he would like to stay in the Village. He added that he has received very little walk-in਍ഀ traffic at his office in the years he's been there.਍ഀ Commissioner Kurz, stated that he has not served on previous Commissions and਍ഀ therefore, cannot comment on how the precedence of retail to residential in this area਍ഀ came to be. He added that he could not predict the amount of pedestrian traffic in the਍ഀ future, as a result of the Solaris tunnel. He stated concern that this is a permanent਍ഀ change and does not believe the application adheres to the Vail Village Master Plan.਍ഀ Commissioner Tjossem, believes that this area is not vibrant and there is a precedence਍ഀ for conversion set. She believes the conversion is appropriate.਍ഀ Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult to਍ഀ predict the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He also਍ഀ stated that his vote of support, if a motion where made to forward a recommendation of਍ഀ approval, would be based on the opinion that the 'To Catch a Cook' retail space is a਍ഀ second story retail area, and thus is comparable to the previous approvals of 2nd and਍ഀ 3rd story commercial conversions to residential.਍ഀ 7਍ഀ 7਍ഀ October 15, 2008਍ഀ Vail Town Council਍ഀ C/O Nicole Peterson਍ഀ 75 South Frontage Road਍ഀ Vail, CO 81657਍ഀ FX: 970.479.2452਍ഀ Dear Council Members:਍ഀ I am in opposition to the proposed Ordinance No. 22, Series of 2008 amending Phase III਍ഀ of SDD No. 6, Vail Village Inn, to allow for the conversion of an existing office and retail਍ഀ space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive਍ഀ (PEC08-0049) for the following reasons:਍ഀ 1. The existing retail and office space should stay in Vail Village to maintain a critical਍ഀ mass of successful businesses. The retail and office spaces are important to the਍ഀ other businesses in the area.਍ഀ 2. The existing businesses, affected by the proposal, are successful and want to stay਍ഀ there, but have been incited, or strongly encouraged, by the landlord, to give their਍ഀ support of this conversion.਍ഀ 3. Disagree with the statement, "The space under consideration is not prime਍ഀ commercial and has no exposure to the public," (round in the form le ers that are਍ഀ signed by business owners in the area, included in staff memora duet, dated਍ഀ October 13, 2008). The existing businesses, including Digit's salon, Robinson office਍ഀ and To Catch a Cook are all long-time, successful businesses. Furthermore, Osaki's਍ഀ and Grappa are examples of other successful businesses on the pedestrian plaza.਍ഀ 4. Solaris was required to build a tunnel that leads to the existing businesses, and now਍ഀ the tunnel will lead to a residential area.਍ഀ Thank you for your time and consideration.਍ഀ Bob McNichols r਍ഀ Vail 13usiness caner਍ഀ T'A +7GZ6Z00:d : 3a HIS:60 $003-9Z-1D0਍ഀ VAIL TOWN COUNCIL਍ഀ EVENING SESSION AGENDA਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 6:00 P.M., TUESDAY, NOVEMBER 4, 2008਍ഀ NOTE: Times of items are approximate, subject to change, and਍ഀ cannot be relied upon to determine at what time Council਍ഀ will consider an item.਍ഀ 1. 1 ITEM/TOPIC: Citizen Input. (10 min.)਍ഀ 2. ITEMITOPIC: Consent Agenda. (5 min.)਍ഀ a. Approval of 10.07.08 and 10.21.08 Vail Town Council Minutes.਍ഀ 3. Stan Zemler ITEMITOPIC: Town Manager's Report. (10 min.)਍ഀ a. Revenue Update.਍ഀ b. Conference Center Funds.਍ഀ 4. Pam Brandmeyer ITEMITOPIC: Building & Fire Code Appeals Board (B&FCAB)਍ഀ vacancy appointments. (5 min.)਍ഀ ACTION REQUESTED OF COUNCIL: 1) Appoint three applicants਍ഀ to the B&FCAB (one regular member and 2 alternates) for a term਍ഀ from November 8, 2008 through March 31, 2012.਍ഀ BACKGROUND RATIONALE: There are currently three਍ഀ vacancies on the B&FCAB. It is requested that the Town Council਍ഀ interview each applicant at the work session and then appoint one਍ഀ regular member to the B&FCAB and two alternates to the਍ഀ B&FCAB at the evening meeting.਍ഀ The applicants are as follows:਍ഀ Lynn Fritzlen਍ഀ Rollie Kjesbo਍ഀ Kyle Webb਍ഀ I have attached possible questions to ask the applicants at the਍ഀ work session.਍ഀ RECOMMENDATION: Appoint a total of three members to the਍ഀ B&FCAB for terms running from November 8, 2008 through March਍ഀ 31, 2012਍ഀ 5. Tom Kassmel ITEM/TOPIC: First reading of Ordinance No. 24, Series 2008. An਍ഀ Ordinance Approving A Holy Cross Energy Utility Easement within਍ഀ the Town of Vail Open Space between Matterhorn Circle and਍ഀ Upper Matterhorn Circle. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ amendments, or deny Ordinance No. 24, Series of 2008.਍ഀ BACKGROUND RATIONALE: An existing overhead electric line਍ഀ used to cross the middle bench open space without an easement.਍ഀ This year Holy Cross Energy lowered this stretch of overhead line਍ഀ at the request and cost of a private homeowner. Neither the਍ഀ existing nor the current electric lines have had a dedicated਍ഀ easement. Holy Cross and Town staff would like to have an਍ഀ easement granted to accommodate the new buried line.਍ഀ STAFF RECOMMENDATION: Approve Ordinance No. 24, Series਍ഀ of 2008.਍ഀ 6. Kathleen Halloran ITEMITOPIC: First reading of the 2009 Budget Ordinance No. 25,਍ഀ Series 2008. (30 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Discuss the first reading਍ഀ of the 2009 Budget Ordinance No. 25, Series 2008, in preparation਍ഀ for approval during the evening session.਍ഀ BACKGROUND RATIONALE: To be provided in separate memo਍ഀ STAFF RECOMMENDATION: Staff recommends that the Town਍ഀ Council approves Ordinance No. 25, Series of 2008, upon first਍ഀ reading this evening.਍ഀ 7. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 26, Series of 2008,਍ഀ an ordinance rezoning a Town owned property, pursuant to਍ഀ Section 12-3-7, Amendment, Vail Town Code, to allow for the਍ഀ rezoning of Parcel A, a re-subdivision of Tract D, Vail Das਍ഀ Schone, from Commercial Core 3(CC3) District to General Use਍ഀ (GU) District, and setting forth details in regard thereto. (5 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 26, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 27, 2008, the਍ഀ Planning and Environmental Commission voted 7-0-0 to forward a਍ഀ recommendation of approval for a zone district boundary਍ഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Town਍ഀ Code, and setting forth details in regard thereto.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 26, Series of 2008, on first਍ഀ reading.਍ഀ 8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 27, Series of 2008,਍ഀ an ordinance rezoning a Town owned property, pursuant to਍ഀ Section 12-3-7, Amendment, Vail Town Code, to allow for the਍ഀ rezoning of Parcel B, a re-subdivision of Tract D, Vail Das਍ഀ Schone, from Two Family Primary/Secondary(P/S) District to਍ഀ Housing (H) District, and setting forth details in regard thereto. (5਍ഀ min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 27, Series of 2008, on first਍ഀ reading.਍ഀ BACKGROUND RATIONALE: On October 27, 2008, the਍ഀ Planning and Environmental Commission voted 6-1-0 (Proper਍ഀ opposed) to forward a recommendation of approval for a zone਍ഀ district boundary amendment, pursuant to Section 12-3-7,਍ഀ Amendment, Vail Town Code, and setting forth details in regard਍ഀ thereto.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council approves Ordinance No. 27, Series of 2008, on first਍ഀ reading.਍ഀ 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of਍ഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,਍ഀ Vail Village Inn, amending and re-establishing the approved਍ഀ development plan for Phase III of Special Development District਍ഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and਍ഀ retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village਍ഀ Filing 1, and setting forth details in regard thereto. (15 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 22, Series of 2008, on਍ഀ second reading.਍ഀ BACKGROUND RATIONALE: On October 21, 2008, Town਍ഀ Council voted 5-2-0 to approve, with conditions, Ordinance No.਍ഀ 22, Series of 2008, on first reading.਍ഀ On October 13, 2008, the Planning and Environmental਍ഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) to਍ഀ forward a recommendation of approval to the Town Council for the਍ഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council denies Ordinance No. 22, Series of 2008, on second਍ഀ reading.਍ഀ 10. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 21, Series of਍ഀ 2008, for prescribed regulations amendments to Section 14-10-7,਍ഀ Outdoor Lighting, Vail Town Code, to allow for amendments to the਍ഀ outdoor lighting standards, and setting forth details in regard਍ഀ thereto. (5 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Table the second reading਍ഀ of Ordinance No. 21, Series of 2008, to the Council's November਍ഀ 18, 2008, public hearing.਍ഀ BACKGROUND RATIONALE: On October 7, 2008, the Town਍ഀ Council voted to approve, with conditions, Ordinance No. 21,਍ഀ Series of 2008, on first reading. Since the Council's October 7th਍ഀ hearing, Staff has discovered a 1991 District Court decision਍ഀ related to the Town's previous outdoor lighting regulations. The਍ഀ Staff has reviewed that court decision and is revising the proposed਍ഀ Ordinance No. 21, Series of 2008, to address the issues ensure਍ഀ compliance with that decision.਍ഀ STAFF RECOMMENDATION: Staff recommends that the Town਍ഀ Council tables the second reading of Ordinance No. 21, Series of਍ഀ 2008, to the Council's November 18, 2008, public hearing; to allow਍ഀ Staff an opportunity to revise the proposed ordinance to address a਍ഀ recently discovered court decision related the Town's previous਍ഀ outdoor lighting standards.਍ഀ 11. George Ruther ITEMITOPIC: Second reading of Ordinance No. 23, Series of਍ഀ 2008, an ordinance amending Chapter 12-22, View Corridors, Vail਍ഀ Town Code, pursuant to Section 12-22-4, Adoption of View਍ഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, to਍ഀ adopt two new view corridors and amend one existing view਍ഀ corridor in LionsHead, and setting forth details in regard thereto.਍ഀ (5 min.)਍ഀ STAFF RECOMMENDATION: Table Ordinance No. 23, Series of਍ഀ 2008 until November 18, 2008.਍ഀ 12. ITEM/TOPIC: Adjournment. (7:45 p.m.)਍ഀ (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)਍ഀ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION਍ഀ MEMORANDUM਍ഀ TO: Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: November 4, 2008਍ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,਍ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village਍ഀ Inn, amending the approved development plan for Phase III of SDD No.਍ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town਍ഀ Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard,਍ഀ LLC਍ഀ Planner: Nicole Peterson਍ഀ DESCRIPTION OF THE REQUEST਍ഀ This SDD major amendment ordinance request includes the conversion of਍ഀ existing office and retail space to residential for an approximate 1,237 gross਍ഀ residential square foot addition to existing residential unit #110. The proposed਍ഀ addition is immediately below the existing unit #110 and includes a new exterior਍ഀ entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, two bedrooms and three bathrooms. The proposal also਍ഀ includes the interior reconfiguration of the existing unit #110 level 105.0' and਍ഀ minor exterior alterations. The proposal does not include any additions outside਍ഀ the exterior walls of the existing building. The addition area is currently occupied਍ഀ by three commercial lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ II. BACKGROUND਍ഀ The Town Council, at the October 21, 2008 Council meeting, approved਍ഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal਍ഀ demolition of the walkway on the east side of the subject property, by਍ഀ submitting a Design Review application, prior to the submittal of a Design਍ഀ Review application for the exterior changes associated with this਍ഀ conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for਍ഀ ingress, egress, and accessibility for Vail Village Inn Phase III which may਍ഀ 1਍ഀ include improvements to the public walkway, along the east side of the਍ഀ subject property, from the pedestrian plaza to Meadow drive. Compliance਍ഀ shall be demonstrated in conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install or cause to be installed, a new loading and਍ഀ delivery connection on the west end of the existing underground parking਍ഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza's਍ഀ existing loading and delivery garage door at the east end of the਍ഀ underground parking garage, accessed off the South Frontage Road,਍ഀ prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24,਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of਍ഀ $37,314.11, prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the਍ഀ proposal, prior to submitting a building permit application.਍ഀ 6. The applicant shall facilitate the dedication and recording of the of a਍ഀ public easement over the existing pocket park located directly north of the਍ഀ proposed front door of Unit #110 in a form acceptable to the Town਍ഀ Attorney. A copy of the recorded easement shall be submitted in prior to਍ഀ release of the Building Permit.਍ഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,਍ഀ recommended that the Council approve the request with the following਍ഀ conditions:਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the east਍ഀ side of the subject property, by submitting a Design Review application, prior਍ഀ to the submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress,਍ഀ egress, and accessibility for Vail Village Inn Phase III which may include਍ഀ improvements to the public walkway, along the east side of the subject਍ഀ property, from the pedestrian plaza to Meadow drive. Compliance shall be਍ഀ demonstrated in conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on the west਍ഀ end of the existing underground parking garage (Under Building No. 1 in਍ഀ Phase III) that aligns with the Plaza's existing loading and delivery garage਍ഀ door at the east end of the underground parking garage, accessed off the਍ഀ South Frontage Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11,਍ഀ prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal,਍ഀ prior to submitting a building permit application.਍ഀ III. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Town Council਍ഀ deny the request based on the review criteria and findings found in Section VII of਍ഀ Staff Memorandum to the PEC dated October 13, 2008.਍ഀ Motion to Deny:਍ഀ Should the Council choose to deny this amendment to a Special Development਍ഀ 2਍ഀ District No. 6, the Department of Community Development recommends the਍ഀ Council make the following motion:਍ഀ "The Town Council deny's, the second reading of Ordinance No. 22,਍ഀ Series of 2008, repealing and re-enacting Ordinance No. 6, Series of਍ഀ 2005, Vail Village Inn, amending the approved development plan for਍ഀ Phase 111 of SDD No. 6, pursuant to Article 12-9A-10, Amendment਍ഀ Procedures, Vail Town Code, to allow for the conversion of an existing਍ഀ office and retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto."਍ഀ Should the Council choose to deny this amendment to a Special Development਍ഀ District No. 6, the Department of Community Development recommends the਍ഀ Council make the following findings:਍ഀ That the amendment is in-consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section Vll਍ഀ of the Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does not further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review outlined਍ഀ in Section Vll of the Staff's September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 3. That the amendment does not promote the health, safety, morals,਍ഀ and general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a manner਍ഀ that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the਍ഀ highest quality, based upon the review outlined in Section Vll of the਍ഀ Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ Motion to Approve:਍ഀ Should the Council choose to approve this amendment to a Special਍ഀ Development District No. 6, the Department of Community Development਍ഀ recommends the Council make the following motion:਍ഀ "The Town Council approves, with conditions, the second reading of਍ഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance਍ഀ No. 6, Series of 2005, Vail Village Inn, amending the approved਍ഀ development plan for Phase 111 of SDD No. 6, pursuant to Article 12-9A-਍ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversion਍ഀ of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail਍ഀ Village Filing 1, and setting forth details in regard thereto."਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ 3਍ഀ Development Department, consistent with the Planning and Environmental਍ഀ Commission recommendation, suggests the following conditions:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the਍ഀ illegal demolition of the walkway on the east side of the subject਍ഀ property, by submitting a Design Review application, prior to the਍ഀ submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for਍ഀ ingress, egress, and accessibility for Vail Village Inn Phase 111਍ഀ which may include improvements to the public walkway, along the਍ഀ east side of the subject property, from the pedestrian plaza to਍ഀ Meadow drive. Compliance shall be demonstrated in conjunction਍ഀ with Building Permit submittal.਍ഀ 3. The applicant shall install or cause to be installed, a new loading਍ഀ and delivery connection on the west end of the existing਍ഀ underground parking garage (Under Building No. 1 in Phase Ill)਍ഀ that aligns with the Plaza's existing loading and delivery garage਍ഀ door at the east end of the underground parking garage, accessed਍ഀ off the South Frontage Road, prior to the issuance of a building਍ഀ permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-਍ഀ 24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount਍ഀ of $37,314.11, prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the਍ഀ proposal, prior to submitting a building permit application.਍ഀ 6. The applicant shall facilitate the dedication and recording of the of਍ഀ a public easement over the existing pocket park located directly਍ഀ north of the proposed front door of Unit #110 in a form acceptable਍ഀ to the Town Attorney. A copy of the recorded easement shall be਍ഀ submitted in prior to release of the Building Permit.਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ Development Department recommends the Council makes the following਍ഀ findings:਍ഀ 1. That the amendment is consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section਍ഀ VII of the Staffs September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 2. That the amendment does further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review਍ഀ outlined in Section Vll of the Staff's September 22, 2008,਍ഀ memorandum to the Planning and Environmental Commission;਍ഀ and਍ഀ 3. That the amendment does promote the health, safety, morals, and਍ഀ general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and਍ഀ its established character as a resort and residential community of਍ഀ 4਍ഀ the highest quality, based upon the review outlined in Section Vll਍ഀ of the Staff's September 22, 2008, memorandum to the Planning਍ഀ and Environmental Commission.਍ഀ IV. ATTACHMENTS਍ഀ A. Ordinance No. 22, Series of 2008, second reading਍ഀ 5਍ഀ ATTACHMENT A:਍ഀ ORDINANCE NO. 22਍ഀ Series of 2008਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF਍ഀ 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD਍ഀ NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL਍ഀ TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND਍ഀ RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING਍ഀ UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING਍ഀ 1, AND SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, amendments to a Special Development District are permitted਍ഀ pursuant to parameters set forth for such in Section 12-9A-10 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 October 13, 2008 to consider the proposed amendment in਍ഀ accordance with the provisions of the Town Code of the Town of Vail and forwarded a਍ഀ 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 Special਍ഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8਍ഀ of the Vail Town Code and that the applicant has demonstrated that any adverse effects਍ഀ of the requested deviations from the development standards of the underlying zoning are਍ഀ outweighed by the public benefits provided; and਍ഀ WHEREAS, the approval of the major amendment to Special Development਍ഀ District No. 6, 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 of the public਍ഀ 6਍ഀ health, safety, and welfare to adopt the proposed amendments to Special Development਍ഀ District No. 6਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE਍ഀ TOWN OF VAIL, COLORADO, THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with਍ഀ stpikethro gh਍ഀ Section 1. Purpose of the Ordinance਍ഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for਍ഀ Phase III of SDD No. 6, to allow for the conversion of an existing office and retail space਍ഀ to residential for an addition to an existing dwelling unit.਍ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Report਍ഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have਍ഀ been fulfilled and the Vail Town Council has received the recommendation of approval਍ഀ from the Planning & Environmental Commission for the major amendment to Special਍ഀ Development District No. 6, Vail Village Inn. 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, is hereby amended to assure਍ഀ comprehensive development and use of the area in a manner that would be harmonious਍ഀ with the general character of the Town, provide adequate open space and recreation਍ഀ amenities, and promote the goals, objectives and policies of the Town of Vail਍ഀ Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, is਍ഀ regarded as being complementary to the Town of Vail by the Vail Town Council and the਍ഀ 7਍ഀ Planning & Environmental Commission, and has been amended because there are਍ഀ significant aspects of the Special Development District that cannot be satisfied through਍ഀ the imposition of the standard Public Accommodation zone district requirements.਍ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Inn਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village਍ഀ Inn, Phase Hi, shall include the following plans and materials prepared by Blue Line਍ഀ Architects, dated September 24, 2008:਍ഀ a. Al. 3. Parking Map਍ഀ b. A2.1. Level 95.0 Existing਍ഀ C. A2.2. Level 95.0 Proposed਍ഀ d. A2.3. Level 105.0 Existing਍ഀ e. A2.4. Level 105.0 Proposed਍ഀ f. A2.5. Level 114.4 Existing਍ഀ 9. A3.1 Exterior elevations਍ഀ h. A3.2 Exterior elevations਍ഀ i. A5.1. Vicinity Map਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn,਍ഀ 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਍ഀ March 1, 2005:਍ഀ a. A200. Level One Floor Plan਍ഀ b. A201. Level Two Floor Plan਍ഀ 8਍ഀ C. A202. Level Three Floor Plan਍ഀ d. A301. North & South Elevations਍ഀ e. A302. East & West Elevations਍ഀ Density-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 - 187,798 Square Feet਍ഀ Other Development Standards਍ഀ No other development standards are amended by this ordinance.਍ഀ Section 5. Conditions of Approval਍ഀ The following conditions of approval shall become part of the Town's approval of the਍ഀ establishment of Special Development District No. 6, Vail Village Inn:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition਍ഀ of the walkway on the east side of the subject property, by submitting a Design Review਍ഀ application, prior to the submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress,਍ഀ egress, and accessibility for Vail Village Inn Phase III which may include improvements਍ഀ to the public walkway, along the east side of the subject property, from the pedestrian਍ഀ 9਍ഀ plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building਍ഀ Permit submittal.਍ഀ 3. The applicant shall install or cause to be installed, a new loading and delivery਍ഀ connection on the west end of the existing underground parking garage (Under Building਍ഀ No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door਍ഀ at the east end of the underground parking garage, accessed off the South Frontage਍ഀ Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionary਍ഀ Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of਍ഀ a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal, prior਍ഀ to submitting a building permit application.਍ഀ 6. The applicant shall facilitate the dedication and recording of the of a public਍ഀ easement over the existing pocket park located directly north of the proposed front door਍ഀ of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded਍ഀ easement shall be submitted in prior to release of the Building Permit.਍ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this਍ഀ ordinance is for any reason held to be invalid, such decision shall not effect the validity਍ഀ of the remaining portions of this ordinance; and the Town Council hereby declares it਍ഀ would have passed this ordinance, and each part, section, subsection, sentence, clause਍ഀ or phrase thereof, regardless of the fact that any one or more parts, sections,਍ഀ subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 7. 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਍ഀ 10਍ഀ 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 8. 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 IN FULL ON FIRST READING this 21St day of October, 2008 and a਍ഀ public hearing for second reading of the Ordinance set for the 4th day of November,਍ഀ 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.਍ഀ Richard Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th਍ഀ day of November, 2008.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 11਍ഀ VAIL TOWN COUNCIL਍ഀ EVENING SESSION AGENDA਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 6:00 P.M., TUESDAY, DECEMBER 2, 2008਍ഀ NOTE: Times of items are approximate, subject to change, and਍ഀ cannot be relied upon to determine at what time Council਍ഀ will consider an item.਍ഀ 1. ITEM/TOPIC: Citizen Input. (10 min.)਍ഀ 2. ITEM/TOPIC: A joint work session with the Town Council, Planning &਍ഀ Environmental Commission, and Design Review Board to listen to a਍ഀ presentation on the Ever Vail project proposal from Vail Resorts਍ഀ Development Company. The purpose of this presentation is to unveil਍ഀ the specifics of the project proposal to the decision-makers and਍ഀ community. As this is a joint work session, each of the three਍ഀ decision-making boards will have the opportunity to hear the਍ഀ applicant's presentation and any ensuing questions about the project਍ഀ proposal at the same time. (90 min.)਍ഀ ACTION REQUESTED OF COUNCIL: No formal action is requested਍ഀ at this time.਍ഀ BACKGROUND RATIONALE: Over the last two months, Town਍ഀ Staff has given presentations to the Town Council, Planning &਍ഀ Environmental Commission, and Design Review Board regarding਍ഀ roles and responsibilities, development review process, required਍ഀ criteria and findings, and recommendations of the LionsHead਍ഀ Redevelopment Master Plan in order to set the groundwork for਍ഀ this joint work session meeting and the upcoming development਍ഀ review process.਍ഀ STAFF RECOMMENDATION: As this is only a work session, the਍ഀ Town Staff will not be providing a recommendation at this time.਍ഀ 3. ITEM/TOPIC: Town Manager's Report. (30 min.)਍ഀ • Parking Update.਍ഀ • Chamonix Planning Update.਍ഀ • Revenue Update.਍ഀ • Timber Ridge RFQ Update.਍ഀ 4. ITEM/TOPIC: Consent Agenda. (5 min.)਍ഀ a. Approval of 11.04.08 and 11. 18.08 Town Council Minutes.਍ഀ 5. Kathleen Halloran ITEM/TOPIC: First reading of Ordinance No. 29, Series of 2008,਍ഀ An Ordinance making supplemental appropriations to the Town of਍ഀ Vail General Fund, Capital Projects Fund, Real Estate Transfer਍ഀ Tax Fund, and Debt Service Fund of the 2008 Budget for the਍ഀ Town of Vail, Colorado; and authorizing the expenditures of said਍ഀ appropriations as set forth herein; and setting forth details in਍ഀ regard thereto. (10 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve or approve with਍ഀ amendments the first reading of Ordinance No. 29, Series of਍ഀ 2008.਍ഀ BACKGROUND RATIONALE: To be provided in a separate਍ഀ memo.਍ഀ STAFF RECOMMENDATION: Staff recommends that the Town਍ഀ Council approves or approves with amendments Ordinance No.਍ഀ 29, Series of 2008, upon first reading.਍ഀ 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 30, Series of 2008,਍ഀ an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail਍ഀ Town Code by the Addition of the Definition of the Word਍ഀ "Publication"; and Setting Forth Details in Regard Thereto. (30਍ഀ min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 30, Series of 2008, upon਍ഀ first reading.਍ഀ BACKGROUND RATIONALE: The 2009 budget was passed਍ഀ second reading on November 18, 2008. The 2009 budget਍ഀ eliminates funding for publication in the local papers. Section 4.10਍ഀ of the Town Charter requires publication of ordinances upon their਍ഀ introduction and adoption. The Charter does not define what is਍ഀ required by "publication". In 2007, the Town spent $19,693 for਍ഀ publication of its ordinances in the Vail Daily, requiring the Town਍ഀ Clerk to increase the office advertising budget during the third਍ഀ supplemental appropriation by an additional $12,000. The Town਍ഀ Clerk has currently spent $19,492 of her 2008 budget on਍ഀ publications of ordinances.਍ഀ STAFF RECOMMENDATION: Approve, approve with਍ഀ modifications, or deny Ordinance No. 30, Series of 2008, upon਍ഀ first reading.਍ഀ 7. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of਍ഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,਍ഀ Vail Village Inn, amending and re-establishing the approved਍ഀ development plan for Phase III of Special Development District਍ഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail਍ഀ Town Code, to allow for the conversion of an existing office and਍ഀ retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village਍ഀ Filing 1, and setting forth details in regard thereto. (40 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with਍ഀ modifications, or deny Ordinance No. 22, Series of 2008, on਍ഀ second reading.਍ഀ BACKGROUND RATIONALE: On November 4, 2008, Town਍ഀ Council tabled the item to the December 2, 2008 hearing and਍ഀ requested examples of public benefits in other developments.਍ഀ On October 21, 2008, Town Council voted 5-2-0 to approve, with਍ഀ conditions, Ordinance No. 22, Series of 2008, on first reading.਍ഀ On October 13, 2008, the Planning and Environmental਍ഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) to਍ഀ forward a recommendation of approval to the Town Council for the਍ഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.਍ഀ STAFF RECOMMENDATION: Staff recommends the Town਍ഀ Council denies Ordinance No. 22, Series of 2008, on second਍ഀ reading.਍ഀ 8. Kathleen Halloran ITEM/TOPIC: Second Reading of Mill Levy Certification,਍ഀ Ordinance No. 28, Series 2008. (5 min.)਍ഀ ACTION REQUESTED OF COUNCIL: Approve Ordinance No.਍ഀ 28, Series 2008, on second reading.਍ഀ BACKGROUND RATIONALE: Mill Levy Assessments must be਍ഀ certified to the County for collection annually; this ordinance਍ഀ authorizes certification.਍ഀ STAFF RECOMMENDATION: Approve Ordinance No. 28, Series਍ഀ 2008, on second reading.਍ഀ 9. ITEM/TOPIC: Adjournment. (9:40 P.M.)਍ഀ (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)਍ഀ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION਍ഀ WILL BEGIN AT TBD, TUESDAY, DECEMBER 16, 2008 IN THE VAIL TOWN਍ഀ COUNCIL CHAMBERS.਍ഀ MEMORANDUM਍ഀ TO: Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: December 2, 2008਍ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,਍ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village਍ഀ Inn, amending the approved development plan for Phase III of SDD No.਍ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town਍ഀ Code, to allow for the conversion of an existing office and retail space to਍ഀ residential for an addition to an existing dwelling unit, located at 68਍ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth਍ഀ details in regard thereto. (PEC080049)਍ഀ Applicant: Colondo Company, represented by Sherman & Howard,਍ഀ LLC਍ഀ Planner: Nicole Peterson਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ This SDD major amendment ordinance request includes the conversion of਍ഀ existing office and retail space to residential for an approximate 1,237 gross਍ഀ residential square foot addition to existing residential unit #110. The proposed਍ഀ addition is immediately below the existing unit #110 and includes a new exterior਍ഀ entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, two bedrooms and three bathrooms. The proposal also਍ഀ includes the interior reconfiguration of the existing unit #110 level 105.0' and਍ഀ minor exterior alterations. The proposal does not include any additions outside਍ഀ the exterior walls of the existing building. The addition area is currently occupied਍ഀ by three commercial lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ II. BACKGROUND਍ഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,਍ഀ recommended that the Council approves the request with the following਍ഀ conditions:਍ഀ 1. The applicant shall address the illegal demolition of the walkway on the east਍ഀ side of the subject property, by submitting a Design Review application, prior਍ഀ to the submittal of a Design Review application for the exterior changes਍ഀ associated with this conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for ingress,਍ഀ egress, and accessibility for Vail Village Inn Phase III which may include਍ഀ 1਍ഀ improvements to the public walkway, along the east side of the subject਍ഀ property, from the pedestrian plaza to Meadow drive. Compliance shall be਍ഀ demonstrated in conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install a new loading and delivery connection on the west਍ഀ end of the existing underground parking garage (Under Building No. 1 in਍ഀ Phase III) that aligns with the Plaza's existing loading and delivery garage਍ഀ door at the east end of the underground parking garage, accessed off the਍ഀ South Frontage Road, prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11,਍ഀ prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the proposal,਍ഀ prior to submitting a building permit application.਍ഀ The Town Council, at the October 21, 2008 Council meeting, approved਍ഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal਍ഀ demolition of the walkway on the east side of the subject property, by਍ഀ submitting a Design Review application, prior to the submittal of a Design਍ഀ Review application for the exterior changes associated with this਍ഀ conversion.਍ഀ 2. The applicant shall comply with all Building Code requirements for਍ഀ ingress, egress, and accessibility for Vail Village Inn Phase III which may਍ഀ include improvements to the public walkway, along the east side of the਍ഀ subject property, from the pedestrian plaza to Meadow drive. Compliance਍ഀ shall be demonstrated in conjunction with Building Permit submittal.਍ഀ 3. The applicant shall install or cause to be installed, a new loading and਍ഀ delivery connection on the west end of the existing underground parking਍ഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza's਍ഀ existing loading and delivery garage door at the east end of the਍ഀ underground parking garage, accessed off the South Frontage Road,਍ഀ prior to the issuance of a building permit.਍ഀ 4. The applicant shall comply with the requirements of Chapter 12-24,਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of਍ഀ $37,314.11, prior to the issuance of a building permit.਍ഀ 5. The applicant shall receive Design Review Board approval for the਍ഀ proposal, prior to submitting a building permit application.਍ഀ 6. The applicant shall facilitate the dedication and recording of the of a਍ഀ public easement over the existing pocket park located directly north of the਍ഀ proposed front door of Unit #110 in a form acceptable to the Town਍ഀ Attorney. A copy of the recorded easement shall be submitted in prior to਍ഀ release of the Building Permit.਍ഀ The Town Council, at the November 4, 2008 meeting tabled Ordinance No. 22,਍ഀ Series of 2008, on second reading and requested Staff provide an analysis of the਍ഀ public benefits of the project. Staff has attached a report of recent development਍ഀ public benefits provided (Attachment B) and minutes of the November 4, 2008਍ഀ Town Council meeting (Attachment C) for the Council's review.਍ഀ 2਍ഀ III. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Town Council਍ഀ deny the request based on the review criteria and findings found in Section VII of਍ഀ Staff Memorandum to the PEC dated October 13, 2008.਍ഀ Motion to Deny:਍ഀ Should the Council choose to deny this amendment to Special Development਍ഀ District No. 6, the Community Development Department recommends the਍ഀ Council make the following motion:਍ഀ "The Town Council deny's, the second reading of Ordinance No. 22,਍ഀ Series of 2008, repealing and re-enacting Ordinance No. 6, Series of਍ഀ 2005, Vail Village Inn, amending the approved development plan for਍ഀ Phase IIl of SDD No. 6, pursuant to Article 12-9A-10, Amendment਍ഀ Procedures, Vail Town Code, to allow for the conversion of an existing਍ഀ office and retail space to residential for an addition to an existing dwelling਍ഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1,਍ഀ and setting forth details in regard thereto."਍ഀ Should the Council choose to deny this amendment to Special Development਍ഀ District No. 6, the Community Development Department recommends the਍ഀ Council make the following findings:਍ഀ That the amendment is inconsistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is incompatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section VIl਍ഀ of the Staffs September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 2. That the amendment does not further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review outlined਍ഀ in Section Vll of the Staffs September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 3. That the amendment does not promote the health, safety, morals,਍ഀ and general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a manner਍ഀ that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the਍ഀ highest quality, based upon the review outlined in Section Vll of the਍ഀ Staff's September 22, 2008, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ Motion to Approve:਍ഀ Should the Council choose to approve this amendment to Special Development਍ഀ District No. 6, the Community Development Department recommends the਍ഀ Council make the following motion:਍ഀ "The Town Council approves, with conditions, the second reading of਍ഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance਍ഀ 3਍ഀ No. 6, Series of 2005, Vail Village Inn, amending the approved਍ഀ development plan for Phase 111 of SDD No. 6, pursuant to Article 12-9A-਍ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversion਍ഀ of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail਍ഀ Village Filing 1, and setting forth details in regard thereto."਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ Development Department suggests the following conditions:਍ഀ 1. The applicant shall install or cause to be installed, a new loading਍ഀ and delivery connection on the west end of the existing਍ഀ underground parking garage (Under Building No. 1 in Phase lll)਍ഀ that aligns with the Plaza's existing loading and delivery garage਍ഀ door at the east end of the underground parking garage, accessed਍ഀ off the South Frontage Road, prior to the issuance of a temporary਍ഀ certificate of occupancy, or ^,extif+eate oTb-c-c-opwT.਍ഀ 2. The applicant shall comply with the requirements of Chapter 12-਍ഀ 24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount਍ഀ of $37,314.11, prior to the issuance of a building permit.਍ഀ 3. The applicant shall install a wheelchair and delivery lift located਍ഀ near Osaki's, as reflected on the building permit plans, in order to਍ഀ facilitate efficient loading and delivery within SDD No. 6, prior to਍ഀ the issuance of a temporary certificate of occupancyaor~਍ഀ 4. The applicant shall record, or cue (o be recorder . n easement਍ഀ for deliveries to pis thru the F-nase IN existing parkitV garage, in਍ഀ a, form approved by the Towh Attorney, prior to the issuQnce~ V a਍ഀ bailding;permit.਍ഀ Should the Council choose to approve this amendment, the Community਍ഀ Development Department recommends that the Council makes the following਍ഀ findings:਍ഀ 1. That the amendment is consistent with the applicable elements of਍ഀ the adopted goals, objectives and policies outlined in the Vail਍ഀ Comprehensive Plan and is in-compatible with the development਍ഀ objectives of the Town, based upon the review outlined in Section਍ഀ Vll of the Staff's September 22, 2008, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 2. That the amendment does further the general and specific਍ഀ purposes of the Zoning Regulations, based upon the review਍ഀ outlined in Section VII of the Staffs September 22, 2008,਍ഀ memorandum to the Planning and Environmental Commission;਍ഀ and਍ഀ 3. That the amendment does promote the health, safety, morals, and਍ഀ general welfare of the Town, and does not promote the਍ഀ coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and਍ഀ its established character as a resort and residential community of਍ഀ the highest quality, based upon the review outlined in Section VII਍ഀ of the Staff's September 22, 2008, memorandum to the Planning਍ഀ 4਍ഀ and Environmental Commission.਍ഀ IV. ATTACHMENTS਍ഀ A. Ordinance No. 22, Series of 2008, second reading਍ഀ B. Comparable public benefits in private development report਍ഀ C. Council Minutes of November 4, 2008 meeting਍ഀ 5਍ഀ ATTACHMENT A:਍ഀ ORDINANCE NO. 22਍ഀ Series of 2008਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF਍ഀ 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE 111 OF SDD਍ഀ NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL਍ഀ TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND਍ഀ RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING਍ഀ UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING਍ഀ 1, AND SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, amendments to a Special Development District are permitted਍ഀ pursuant to parameters set forth for such in Section 12-9A-10 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 October 13, 2008 to consider the proposed amendment in਍ഀ accordance with the provisions of the Town Code of the Town of Vail and forwarded a਍ഀ 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 Special਍ഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8਍ഀ of the Vail Town Code and that the applicant has demonstrated that any adverse effects਍ഀ of the requested deviations from the development standards of the underlying zoning are਍ഀ outweighed by the public benefits provided; and਍ഀ WHEREAS, the approval of the major amendment to Special Development਍ഀ District No. 6, 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 of the public਍ഀ 6਍ഀ health, safety, and welfare to adopt the proposed amendments to Special Development਍ഀ District No. 6਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE਍ഀ TOWN OF VAIL, COLORADO, THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with਍ഀ s#iket#Feug#਍ഀ Section 1. Purpose of the Ordinance਍ഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for਍ഀ Phase III of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial਍ഀ space to residential for an addition to an existing dwelling unit.਍ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Report਍ഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have਍ഀ been fulfilled and the Vail Town Council has received the recommendation of approval਍ഀ from the Planning & Environmental Commission for the major amendment to Special਍ഀ Development District No. 6, Vail Village Inn. 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, is hereby amended to assure਍ഀ comprehensive development and use of the area in a manner that would be harmonious਍ഀ with the general character of the Town, provide adequate open space and recreation਍ഀ amenities, and promote the goals, objectives and policies of the Town of Vail਍ഀ Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase III, is਍ഀ regarded as being complementary to the Town of Vail by the Vail Town Council and the਍ഀ 7਍ഀ Planning & Environmental Commission, and has been amended because there are਍ഀ significant aspects of the Special Development District that cannot be satisfied through਍ഀ the imposition of the standard Public Accommodation zone district requirements.਍ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Inn਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village਍ഀ Inn, Phase ►Il, shall include the following plans and materials prepared by Blue Line਍ഀ Architects, dated September 24, 2008:਍ഀ a. A1.3. Parking Map਍ഀ b. A2.1. Level 95.0 Existing਍ഀ C. A2.2. Level 95.0 Proposed਍ഀ d. A2.3. Level 105.0 Existing਍ഀ e. A2.4. Level 105.0 Proposed਍ഀ f. A2.5. Level 114.4 Existing਍ഀ g. A3.1 Exterior elevations਍ഀ h. A3.2 Exterior elevations਍ഀ L A5.1. Vicinity Map਍ഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn,਍ഀ 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਍ഀ March 1, 2005:਍ഀ a. A200. Level One Floor Plan਍ഀ b. A201. Level Two Floor Plan਍ഀ 8਍ഀ G. A202. Level Three Floor Plan਍ഀ d. A301. North & South Elevations਍ഀ e. A302. East & West Elevations਍ഀ Density-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਍ഀ Density - Gross Residential Floor Area -਍ഀ The gross residential floor area (GRFA) permitted in Special Development District No. 6,਍ഀ Vail Village Inn, which accounts for residential square footage only, shall not exceed the਍ഀ following:਍ഀ GRFA - 187,798 Square Feet਍ഀ Other Development Standards਍ഀ No other development standards are amended by this ordinance.਍ഀ Section 5. Conditions of Approval਍ഀ The following conditions of approval shall become part of the Town's approval of਍ഀ the amendment of Special Development District No. 6, Vail Village Inn:਍ഀ 1. The applicant shall install or cause to be installed, a new loading and਍ഀ delivery connection on the west end of the existing underground parking਍ഀ garage (Under Building No. 1 in Phase Ill) that aligns -m idh the Plaza's਍ഀ existing loadng and delivery garage door at tbw east end of the਍ഀ underground parking garage, accessed off the Sduth Frontage Road, prior਍ഀ to the issuance of a uu'Iding permit.਍ഀ 2. The applicant shall comply with the , equirements of Chapter 12-24,਍ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of਍ഀ $37,314.11, prior to the issuanc -ot~a. building permit.਍ഀ 1 The applicant shall receive Design Reviic-w Board approval for the proposal,਍ഀ prior to submitting a building permit applicadep.਍ഀ 4,: The applicant shall ~Itstall a wheelchair anal slivery lift located near਍ഀ Osaki's in order to facilitate efficient loading and deuvvu within SDD No. 6.਍ഀ 5. The Home Owner's Association shall grant an easement for deliveries to਍ഀ 9਍ഀ pass thru the Phase M existing parking garage, as approved by the Town਍ഀ Attorney.਍ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this਍ഀ ordinance is for any reason held to be invalid, such decision shall not effect the validity਍ഀ of the remaining portions of this ordinance; and the Town Council hereby declares it਍ഀ would have passed this ordinance, and each part, section, subsection, sentence, clause਍ഀ or phrase thereof, regardless of the fact that any one or more parts, sections,਍ഀ subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 7. The amendment of any provision of the Town Code as provided in this਍ഀ ordinance shall not affect any right which has accrued, any duty imposed, any violation਍ഀ that occurred prior to the effective date hereof, any prosecution commenced, 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 8. 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.਍ഀ 10਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED਍ഀ PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of October, 2008 and a਍ഀ public hearing for second reading of the Ordinance set for the 4th day of November,਍ഀ 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.਍ഀ Richard Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd਍ഀ day of December, 2008.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 11਍ഀ Attachment B:਍ഀ Comparable public benefits in private development report਍ഀ Please find below, recently approved development examples including the development਍ഀ deviations from the requirements and provided public benefits as compared to the਍ഀ current development proposal.਍ഀ VAIL VILLAGE INN (SDD No. 6)਍ഀ Deviations/ Development Plan changes:਍ഀ o Convert 1,237 square feet of commercial space to residential਍ഀ Public Benefits:਍ഀ o Applicant has agreed to install a new loading and delivery connection on the west਍ഀ end of the existing underground parking garage to facilitate efficient loading and਍ഀ delivery services within SDD No. 6, Phase III (In compliance with proposed਍ഀ condition #1)਍ഀ o Applicant has agreed to install a wheelchair and delivery lift located near Osaki's਍ഀ to facilitate efficient loading, delivery and access (in compliance with proposed਍ഀ condition #4).਍ഀ o HOA has agreed to grant an easement for deliveries to pass thru the Phase III਍ഀ existing underground parking garage, 2 levels (In compliance with proposed਍ഀ condition #5).਍ഀ FOUR SEASONS (SDD No. 36)਍ഀ Deviations:਍ഀ o Increase in site coverage from 77,199 s.f. to 84„ 402 s.f਍ഀ o Increase in building height from 48 feet to 89 feet਍ഀ Public Benefits:਍ഀ o Streetscape improvements contribution to Meadow Drive design and installation਍ഀ along their property to intersection with Vail Road.਍ഀ o Installation of north south walkway from Frontage road to Meadow Drive along਍ഀ western property line.਍ഀ o Improvements to Mayor's Park including heating.਍ഀ o Inclusion of 34 employee housing units on-site.਍ഀ o Provision of a heated pedestrian walk from Four Seasons to bus stop in front of਍ഀ the U.S. Bank Building.਍ഀ o Incorporation of public art. No amount mentioned.਍ഀ MANOR VAIL (SDD No. 38)਍ഀ Deviations:਍ഀ o Increase in building height from 48 feet to 57.4 feet.਍ഀ o Increase in dwelling units from 133 to 141 units.਍ഀ o Increase in GRFA from 139,630 s.f. to 164,321 s.f.਍ഀ Public benefits:਍ഀ o Improved public access to Ford Park by upgrading the existing path to pavers਍ഀ and providing a better landscaping.਍ഀ o Improvements to Mill Creek to naturalize the creek and stop erosion in areas.਍ഀ 12਍ഀ o Transfer of 430 square feet of property.਍ഀ o Provision of one on-site employee housing unit.਍ഀ o Installation of two raised pedestrian walks on Vail Valley Drive਍ഀ o Contribution of $100,000 to streetscape study and improvements to Gore Creek਍ഀ Drive and Chalet Road.਍ഀ o Installation of a sidewalk extension to the Ford Park Bus Stop on Vail Valley਍ഀ Drive.਍ഀ SOLARIS (SDD No. 39)਍ഀ Deviations:਍ഀ o A reduction in all required setbacks some as low as zero਍ഀ o Increase in building height from 38 feet to 99.9 feet਍ഀ o Increase in the number of Dwelling units from 47 to 77਍ഀ o Increase in the amount of GRFA from 46,051 s.f. to 198,859 s.f.਍ഀ o Increase in site coverage from 86,346 s.f. to 107,772 s.f.਍ഀ Public Benefits:਍ഀ o Heated paver improvements to Village Center, portion of Meadow Drive, and਍ഀ portion of Willow Drive connected to Town boilers. Portions to be placed on਍ഀ Solaris boilers.਍ഀ o Provision of public easements over the approximate half acre plaza.਍ഀ o Provision for the operation of an ice skating rink and public access free of charge਍ഀ if you have skates.਍ഀ o Provision of 1.1 million in public art.਍ഀ o Provision of public access to a five bay loading and delivery facility.਍ഀ o Provision of a bus waiting area.਍ഀ o Provision of public restrooms off the plaza.਍ഀ o Provision of a bowling alley and movie theater which must be operated.਍ഀ o Provision of employee housing for 22 occupants.਍ഀ THE WILLOWS (SDD No. 40)਍ഀ Deviations:਍ഀ o Allowed encroachments into all setbacks਍ഀ o Increase in GRFA from 16,069 s.f to 32,240 s.f.਍ഀ o Increase in site coverage from 11,629 s.f. to 14,110 s.f.਍ഀ Public Benefits:਍ഀ o Provision of one on-site EHU਍ഀ o Provision of 11 employee beds off-site.਍ഀ o Improvements to Willow Road including a paver sidewalk.਍ഀ o Provison of $70,00 for public art.਍ഀ o *Not a public benefit, however this project did reduce the number of DU.s from 28਍ഀ to 9 (12 are permitted). This eliminated a non conformity.਍ഀ 13਍ഀ Attachment C:਍ഀ Town Council Minutes਍ഀ November 4, 2008਍ഀ --Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting਍ഀ Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the਍ഀ approved development plan for Phase III of Special Development District (SDD) No. 6,਍ഀ pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the਍ഀ conversion of an existing office and retail space to residential for an addition to an਍ഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1਍ഀ Planner Nicole Peterson explained the SDD major amendment ordinance request਍ഀ includes the conversion of existing office and retail space to residential for an਍ഀ approximate 1,237 gross residential square foot addition to existing residential unit #110.਍ഀ The proposed addition is immediately below the existing unit #110 and includes a new਍ഀ exterior entrance off the pedestrian plaza on the north side of the building, mudroom,਍ഀ staircase, media room, two bedrooms and three bathrooms. The proposal also includes਍ഀ the interior reconfiguration of the existing unit #110 level 105.0' and minor exterior਍ഀ alterations. The proposal does not include any additions outside the exterior walls of the਍ഀ existing building. The addition area is currently occupied by three commercial lessees:਍ഀ 1) Digits Nail Boutique (108 net square feet of retail)਍ഀ 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office)਍ഀ 3) Portion of To Catch a Cook (976 net square feet of retail)਍ഀ 4) Miscellaneous - Interior walls to be removed (38 net square feet)਍ഀ Mire stated that Council's proposed condition #6, page 4 of the Staff memorandum, is਍ഀ not enforceable by law. The item could be modified so that the applicant is not਍ഀ responsible for the easement requested. Campbell explained the HOA is a joint਍ഀ applicant. The applicant's legal representative Tim Devlin explained the progress of the਍ഀ proposal and stated that the Homeowner's Association is not interested in the proposal਍ഀ for a public easement over the pocket park. Foley clarified the Solaris development was਍ഀ responsible for making improvements to the pocket park. Daly moved to approve the਍ഀ ordinance with Foley seconding. Newbury did not agree with converting retail to਍ഀ residential. Gordon stated findings against the proposal and agreed with condition #6,਍ഀ page 4 of the Staff memorandum. During public comment, Joe Staufer, subject property਍ഀ owner, said he had adequately contributed to the town and the ordinance deserved to be਍ഀ passed. Local homeowner association representative Anne Bishop spoke in support of਍ഀ the application and ordinance. "In our neighborhood we think this is a good thing...)਍ഀ think it is a very private lovely space and no one is being disrupted." Vail Homeowner's਍ഀ Association representative Jim Lamont expressed concern that Council demands for਍ഀ "public access to a private pocket park" were "heavy-handed." Daly then withdrew his਍ഀ motion. Hitt moved to table the item until December 2, Series of 2008 with Gordon਍ഀ seconding (In order to provide a comparable public benefit analysis). Devlin said his਍ഀ client had no control over whether the pocket park was public or not. The motion passed਍ഀ unanimously, 6-0.਍ഀ 14਍ഀ . nsaaa Ha਍ഀ d਍ഀ -I g਍ഀ 7W x R~~, r਍ഀ V 3 gg ~ Q!6਍ഀ Rig਍ഀ Hill਍ഀ II਍ഀ r n I਍ഀ e਍ഀ IIlVtl03HO { ~ li.L LI਍ഀ ~ ~V II i e਍ഀ 1 54 f:; ` g~zg ~਍ഀ ,y਍ഀ e਍ഀ I਍ഀ L o਍ഀ e e e e਍ഀ 1਍ഀ 1਍ഀ 1਍ഀ < r਍ഀ ਍ഀ = p਍ഀ ~m਍ഀ CL਍ഀ y਍ഀ CD਍ഀ 0਍ഀ M਍ഀ Q਍ഀ 7਍ഀ y਍ഀ Ord. No.਍ഀ Village Inn Plaza, Phase III, Condominium Association, Condominium਍ഀ Association,਍ഀ 100 East Meadow Drive, Vail, Colorado 81657਍ഀ Protection of Trees along VIP, Phase III, Property Line with Solaris:਍ഀ During the development of the plans for the Solaris project, the Town of Vail (the਍ഀ Town planning personnel and the Town Council) assisted VIP, Phase III, in਍ഀ giving some degree of protection to the large trees adjacent to Solaris on the਍ഀ southeastern part of the VIP property line with Solaris from destruction or਍ഀ removal during Solaris construction. The Town did not give protection to the਍ഀ trees on VIP property along the northeast part of its property line - these trees਍ഀ were removed early in the Solaris construction.਍ഀ During the Solaris planning process, VIP, in working with Solaris and the Town,਍ഀ made it clear that the by-then-degraded asphalt-on-soil (no foundation) pathway਍ഀ beside the southern line of trees would be removed, and that the new path਍ഀ system to be constructed by Solaris (the connecting steps to VIP, Phase III, and਍ഀ the walkway from the exit for the Solaris movie theaters to East Meadow Drive-਍ഀ parallel to and but a very short distance from the old VIP asphalt path) would be਍ഀ a sufficient pedestrian linkage of VIP upper level commercial areas to Solaris਍ഀ commercial areas and to East Meadow Drive. There was at that time no interest਍ഀ expressed by the Town in the retention of the degraded old asphalt path. VIP's਍ഀ main interest in the removal of the old asphalt walkway (made dangerous by the਍ഀ upward growth of the tree roots, making a number of three to four inch high਍ഀ raising and cracking areas in the asphalt path) was to provide a less impaired਍ഀ growing situation for the trees. Due to work by Solaris during its early਍ഀ construction, much more of the tree roots near Solaris have been cut than was਍ഀ originally envisioned, at least by those at VIP, making the provision of a better਍ഀ growing situation on the trees' western side by the asphalt path a very important਍ഀ priority. At the time of the Solaris planning process when removal of the old਍ഀ asphalt path was discussed, VIP was not informed by the Town that any਍ഀ permission for its removal to help to save the large trees would be needed. There਍ഀ was also not any concern expressed by the Town at the prospect of removing the਍ഀ old asphalt path as an access to East Meadow Drive since the new paths to be਍ഀ provided by Solaris (only a very short distance away) would give sufficient East਍ഀ Meadow Drive access.਍ഀ Handicapped Accessibility to East Meadow Drive:਍ഀ The Town of Vail said nothing about and took no action on any handicapped਍ഀ accessibility matters having any relationship to VIP, Phase III, during the Solaris਍ഀ planning process. As a matter of fact, it was VIP people who requested, with full਍ഀ knowledge of Town planning people, that a possible handicapped accessible਍ഀ connection between VIP and Solaris be examined to replace a series of steps਍ഀ which had been planned by Solaris as the connecting element. The Solaris਍ഀ architects looked at this possibility and concluded with VIP and Town planning਍ഀ people that there was insufficient space (using primarily VIP property) for a਍ഀ handicapped access connection.਍ഀ Should the Town have been interested in some outdoors handicapped access਍ഀ from the upper level VIP commercial spaces to East Meadow Drive, such a਍ഀ connection could more readily have been planned during the approval process਍ഀ for the new Vail Plaza Hotel. Handicapped access between the upper਍ഀ commercial level of VIP (also the south terrace or outdoor plaza level of the Vail਍ഀ Plaza Hotel) and East Meadow drive is currently available by entering the hotel਍ഀ on its plaza and pool level, taking the interior elevator down one floor, and਍ഀ exiting at the hotel's entry level and taking the path between VIP, Phase V (by਍ഀ the Mountain Dog store) and the liquor store on the property of yet another VIP਍ഀ condominium association. Please note that Village Inn Plaza is several pieces of਍ഀ property, all different legal entities, and not a single one.਍ഀ The So-Called "Pocket Park" between VIP, Phase III, and Solaris:਍ഀ 2਍ഀ The sole purpose of the so-called "pocket park" to be constructed by Solaris,਍ഀ practically all on VIP, Phase 111, property, is to provide a place for a water feature਍ഀ (to run in the warmer months only) designed to maximize the sound of falling or਍ഀ splashing water to try to mitigate the traffic sounds from I-70 and the South਍ഀ Frontage Road, which may well increase in audibility due to the possible "echo਍ഀ chamber" like very close space between VIP and the new Solaris building. The਍ഀ agreement to build this is one entirely between VIP, Phase III, and Solaris, and is਍ഀ not in any way a part of the public "benefits" which Solaris was required to਍ഀ provide in exchange for its having been granted Town of Vail permission to਍ഀ exceed various height, set back, and other requirements on its property. The਍ഀ water feature area is not an area designed for general public use and਍ഀ accessibility, and VIP, Phase III, does not plan to grant "public access" rights to਍ഀ the water feature area on its private property adjacent to its residential units. In਍ഀ summary, the "pocket park", is a "private green space" with a water feature, the਍ഀ purpose of which is to absorb and mitigate sound and screen one building from਍ഀ another.਍ഀ D. Deane Hall, Jr.਍ഀ President, Board of Managers਍ഀ November 4, 2008਍ഀ 3਍ഀ ਍ഀ ON਍ഀ _141n -਍ഀ 'tq { Jo - 9਍ഀ ~1/p ~vrl. 1 J d-~a sS ~`oVt਍ഀ Nicole Peterson - Colondo Company SDD Amendment Application - Conditions of਍ഀ Approval਍ഀ From: "Devlin, Timothy N."਍ഀ To: "Nicole Peterson"਍ഀ Date: 11/04/2008 4:48 PM਍ഀ Subject: Colondo Company SDD Amendment Application - Conditions of Approval਍ഀ CC: "Matt Mire" , "Warren Campbell" , , "Josef Staufer" , "Jonathan Staufer" , "George Ruther"਍ഀ Attachments: "Matt Mire" , "Warren Campbell" , , "Josef Staufer" , "Jonathan Staufer" , "George Ruther"਍ഀ Hi Nicole,਍ഀ Please see the attached Crossroads [Solaris] Development Agreement, Section 2.i., Improvements to Vail Vi//age਍ഀ Inn Phase 3 Property (pgs 7-8), regarding the obligations of "Crossroads to fund, install and construct: (ii) a਍ഀ private pocket park partially located on the property of the Vail Village Inn Phase 3 Condominium Association,਍ഀ and (iii) [t]he stairs indicated on the site plan will be converted to an ADA accessible ramp that extends onto the਍ഀ property of the Association. Crossroads will fund the construction of these improvements..."਍ഀ With respect to both of these items (pocket park and ADA ramp), I've also attached a copy of the letter that the਍ഀ Association submitted to the Town yesterday in connection with the Association's DRB application for the removal਍ഀ of the crumpling asphalt walkway on the east side of the Vail Village Inn Phase 3 building. Note that the pocket਍ഀ park was specifically intended to be private in order to mitigate the impact of the new Solaris development,਍ഀ including loitering that was common during the operation of old Crossroads development by young movie theater਍ഀ patrons. As stated in the attached letter, the Association desires that the pocket park remain private as intended਍ഀ in order to have control over its use.਍ഀ Please print, copy and distribute this cover email and the attached documents to town council in advance of the਍ഀ second reading of the ordinance this evening. Let me know if you have any questions. Thank you.਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ 970-790-1605 Direct Dial਍ഀ 970-476-7646 Main Line਍ഀ 303-358-0742 Cell਍ഀ 970-476-7118 Fax Line਍ഀ tdevlin@shermanhoward.com਍ഀ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS਍ഀ ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT਍ഀ FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or਍ഀ the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified਍ഀ that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If you਍ഀ have received this communication in error, please notify the sender immediately by e-mail or telephone at (970)਍ഀ 476-7646 and delete the original message immediately. Thank you.਍ഀ From: Nicole Peterson [mailto:NPeterson@vailgov.com]਍ഀ EAGLE COUNTY. CO Sys J`਍ഀ TEAK J SIMONTON 2000 34299਍ഀ Pgs is 91 89:48: 72Att਍ഀ REC:਍ഀ 591.86 00C: 12/ 18/2006਍ഀ CROSSROADS DEVELOPMENT AGREEMENT਍ഀ THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement") is made਍ഀ effective as of the 25 h day of July, 2005, by and between the TOWN OF VAIL, a municipal਍ഀ corporation duly organized and existing under and by virtue of the laws of the State of Colorado਍ഀ (the "Town"), and CROSSROADS EAST ONE, LLC, a Colorado limited liability company਍ഀ ("Crossroads'). 1~9/਍ഀ RECITALS:਍ഀ A. Crossroads intends to redevelop certain real property in the Town of Vail, commonly known਍ഀ as Crossroads at Vail, which is located in Special Development District No. 39, legally਍ഀ described on Exhibit A attached hereto and incorporated herein by reference (the਍ഀ "Property").਍ഀ B. The Town, through its appropriate boards and reviewing agencies, including its Planning and਍ഀ Environmental Commission, has approved plans to allow for the redevelopment of the਍ഀ Property pursuant to utact਍ഀ ,.~Y~ •(the "Crossroads Project").਍ഀ C. Pursuant to the Crossroads Approvals, hereinafter defined, and to further mitigate the impact਍ഀ of the Crossroads Project, Crossroads has agreed to provide certain public benefits and਍ഀ improvements as more specifically described and defined herein.਍ഀ NOW, THERFORE, in consideration of the above premises and the mutual covenants਍ഀ and agreements set forth herein, the parties agree as follows:਍ഀ 1, References to the Crossroads Approvals. The "Crossroads Approvals" shall refer to those਍ഀ plans, specifications and agreements approved by the Town for the Crossroads Project The਍ഀ "Final Plans" include the plans approved as part of Town of Vail Ordinance No.5, Series਍ഀ 2006, plans approved by the Town's Design Review Board (the "DRB'~, and construction਍ഀ plans approved in connection with any building permit.਍ഀ 2. Required Improvements-Allocation of Responsibility. The parties hereby agree that if਍ഀ Crossroads obtains a building permit and commences construction of the Crossroads Project,਍ഀ Crossroads shall be responsible for the following improvements as more specifically set forth਍ഀ below (the "Required improvements"):਍ഀ a. Public Improvements: Pursuant to the Crossroads Approvals, Crossroads is responsible਍ഀ for designing, installing and constructing (as applicable) the following improvements, as਍ഀ depicted on the Final Plans (the "Public Improvements"):਍ഀ i. New heated paver sidewalks along the south side of South Frontage Road, the਍ഀ north side of East Meadow Drive, and the west side of Village Center Road.਍ഀ ii. New curbs and gutters along South Frontage Road, East Meadow Drive, Willow਍ഀ Bridge Road and Village Center Road.਍ഀ 200634299 1 OF 18਍ഀ Jt i 2;.::1 3 r਍ഀ A new raised median in South Frontage Road with new landscape materials and਍ഀ irrigation facilities.਍ഀ iv. Street lighting, as approved by the DRB, on South Frontage Road, East Meadow਍ഀ Drive, Willow Bridge Road and Village Center Road.਍ഀ V. Storm drainage improvements adjacent to the Property and along South Frontage਍ഀ Road, East Meadow Drive, Willow Bridge Road and Village Center Road to਍ഀ adequately convey storm-water runoff.਍ഀ vi. Reconstruction of Village Center Road, including the installation of heat tubing਍ഀ for connection by the Town to a Town heat source, the connection to the heat਍ഀ source, all costs of providing the heat source, the maintenance of the heat source਍ഀ and heat tubing, costs allocated for heating Village Center Road, landscape਍ഀ materials, construction of a utility conduit trench system, street lighting, concrete਍ഀ unit pavers and the required subsurface support system. Crossroads shall be਍ഀ responsible for heating Village Center Road for the life of Special Development਍ഀ District No. 39, Crossroads (the "SDD").਍ഀ vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including the਍ഀ installation of heat tubing to be made available to the Town for future connection਍ഀ by the Town to a Town funded heat source (not yet determined), landscape਍ഀ materials and planters, construction of utility conduit trench system, street਍ഀ lighting, concrete unit pavers and the required subsurface support system.਍ഀ viii. Crossroads shall be responsible for the heat and snowmelt facilities, including the਍ഀ heat plant and heat distribution system, required for the sidewalks along the south਍ഀ side of South Frontage Road, the north side of East Meadow Drive and the west਍ഀ side of Village Center Road, the Plaza (as hereinafter defined), other walkways਍ഀ within the Property boundaries, and the ongoing operation and maintenance of਍ഀ such facilities. Notwithstanding the foregoing, Crossroads may install and਍ഀ operate the heat plant and heat distribution system in locations satisfactory to਍ഀ Crossroads, in its ordinary business judgment, in such area(s) as are specified on਍ഀ the Final Plans.਍ഀ ix. Crossroads shall be responsible for irrigating and maintaining all landscape areas਍ഀ and plant materials within the public right-of-way located directly adjacent to the਍ഀ eastern-most portion of the Property, as depicted on the Final Plans.਍ഀ b. Other Required Improvements: Pursuant to and in accordance with the Crossroads਍ഀ Approvals, Crossroads is also responsible for providing, constructing, operating and਍ഀ maintaining (as applicable) the following improvements:਍ഀ i. Public Plaza: The Crossroads Project includes a plaza of approximately 24,130਍ഀ sq. ft. (the "Plaza'). Once construction of the Crossroads Project is complete, as਍ഀ evidenced by the issuance of a temporary certificate of occupancy, and subject to਍ഀ the additional terms and conditions contained herein, Crossroads or its designee਍ഀ shall transfer, assign or otherwise convey to the Town (or a Town-controlled਍ഀ 1270943਍ഀ 200634299 2 OF 18਍ഀ limitation, the Movie Theater and Bowling Alley, to be owned and operated as a਍ഀ unified commercial enterprise ("Unified Commercial Enterprise') for the life of਍ഀ the SDD,਍ഀ g. Condominium Covenants, Conditions and Restrictions: Prior to the approval of the final਍ഀ plat and condominium map for the Crossroads Project, the Town shall review and਍ഀ approve the Condominium Covenants, Conditions and Restrictions (the "CC&R's") for਍ഀ the Crossroads Project. Crossroads shall be required to include in CC&R's, or other਍ഀ appropriate condominium document(s), provisions allowing public activities and events਍ഀ on or about the Plaza in conforniance with provisions of this Agreement.਍ഀ h. Parking Management. Before applying for a building permit for the Crossroads Project,਍ഀ Crossroads must submit and the Town Council must approve a parking management plan਍ഀ (the "Parking Management Plan") which sets forth, in sufficient detail, the proposed use,਍ഀ operation and management of the parking facility planned in connection with the਍ഀ Crossroads Project (the "Parking Facility"). The Town Council shall approve the਍ഀ Parking Management Plan so long as it is reasonably calculated to (i) maximize the use਍ഀ and occupancy of the Parking Facility and (ii) ensure that spaces not used by owners of਍ഀ residential condominium units or by commercial tenants or owners are available to the਍ഀ general public to the greatest extent possible. Such approval shall not be unreasonably਍ഀ withheld or delayed.਍ഀ i. Improvements to Vail Village Inn Phase 3 Property: Pursuant to the Site Plan,਍ഀ Crossroads shall provide the following improvements to the Vail Village Inn Phase 3਍ഀ property, if, and only if, allowed by the Vail Village Inn Phase 3 Condominium਍ഀ Association (the "Association"). If the Association does not agree to the improvements਍ഀ as proposed by Crossroads and the easement documentation required by Crossroads to਍ഀ evidence same, then Crossroads is hereby relieved of any requirement to provide said਍ഀ improvements. Crossroads proposes to fund, install, and construct (as applicable) the਍ഀ following improvements:਍ഀ i. Four (4) large evergreen trees (20' in height) will either be relocated or planted਍ഀ new in the area indicated on the Final Plans, subject to direction on the exact਍ഀ location provided by the Association. Continued maintenance of these trees shall਍ഀ be the responsibility of the Association;਍ഀ ii. A private pocket park is to be created in the area shown on the site plan partially਍ഀ located on the property of the Association and partially on the Crossroads਍ഀ property. The park will contain landscape area, walkways, benches, and plant਍ഀ materials including trees as proposed by Crossroads. Crossroads will fund the਍ഀ construction of these improvements. The individual property owners will be਍ഀ responsible for continued maintenance of the improvements. Each property਍ഀ owner will maintain the improvements within his/her property; and਍ഀ iii. The stairs indicated on the site plan will be converted to an ADA accessible ramp਍ഀ that extends onto the property of the Association. Crossroads will fund the਍ഀ construction of these improvements, but continued maintenance of the਍ഀ 1270943਍ഀ 200634299 7 OF 18਍ഀ improvements will be the responsibility of the individual properly owners. Each਍ഀ property owner will maintain the improvements within his/her property.਍ഀ j. Crossroads shall dedicate a non-exclusive public access easement on the west side of the਍ഀ Crossroads Project connecting the Vail Village Inn Phase 3 to East Meadow Drive and਍ഀ the Plaza, as depicted on the Final Plans.਍ഀ 3. Special Taxing Districts and Public Finance. The parties intend that the construction, use,਍ഀ operation and maintenance of the Public Improvements and certain other Required਍ഀ Improvements will be governed by and financed through the creation of one or more਍ഀ metropolitan districts, established pursuant to C.R.S. § 32-1-101 et seq. (the "Special District਍ഀ Act'), and a single general-improvement district, established pursuant to C.R.S. § 31-25-101਍ഀ et seq., as more specifically described and defined below (collectively, the "Special Taxing਍ഀ Districts') . The parties believe that this structure will: (a) properly allocate the various਍ഀ rights and responsibilities associated with the construction, use, operation and maintenance਍ഀ of the Required Improvements; (b) reinforce the public character of the Plaza by placing its਍ഀ management in the hands of public, quasi-governmental entities; (c) grant the Town authority਍ഀ to control the use of the Plaza and the operation and maintenance of certain other Required਍ഀ Improvements; and (d) provide a reliable, enduring financing mechanism to ensure the long-਍ഀ term vitality of the Required Improvements. For purposes of this Section 3, references to the਍ഀ "Required Improvements" shall mean only those Required Improvements that qualify for਍ഀ public financing under Colorado law. In consideration of the foregoing, the parties agree as਍ഀ follows:਍ഀ a. The Town will permit and provide requisite approvals for the formation of not more than਍ഀ two metropolitan districts proposed by Crossroads, whose boundaries will be coextensive਍ഀ with the Property limits (the "Metropolitan Districts"). The service plan for the਍ഀ Metropolitan Districts (the "Service Plan") will authorize the Metropolitan Districts to਍ഀ undertake the construction, financing, operation and maintenance of the Required਍ഀ Improvements, or applicable portions thereof, In addition, the Service Plan will limit the਍ഀ Metropolitan Districts' powers to: (i) constructing the Required Improvements; (ii)਍ഀ operating and maintaining all Required Improvements not operated and maintained by਍ഀ the GID (hereinafter defined), as more specifically set forth below; (iii) securing਍ഀ financing necessary to perform such functions through the imposition of property taxes਍ഀ and development fees; and (iv) taking such other actions and exercising such other਍ഀ powers, consistent with the Special District Act, as are necessary for or incidental to the਍ഀ performance of the Metropolitan Districts' duties as outlined in the Service Plan.਍ഀ b. Concurrent with and subject to the formation of the Metropolitan Districts for the਍ഀ purposes contemplated hereunder, Crossroads will execute a petition for the formation of਍ഀ a single general-improvement district, whose boundaries will be coextensive with the਍ഀ Property limits (the "GID"}. The GID will be authorized to undertake, pursuant to an਍ഀ intergovernmental agreement with the Metropolitan Districts (the "IGA"), the਍ഀ management, operation and maintenance of certain Required Improvements and the਍ഀ financing required in connection therewith. The IGA will expressly limit the GID's਍ഀ powers to: (i) controlling the use of the Plaza; (ii) operating and maintaining certain਍ഀ 1270943਍ഀ 200634299 8 OF 18਍ഀ 4਍ഀ Staff memo for Units 17 & 29, Vail Village Plaza Condominiums Phase I (Ordinance No. 6,਍ഀ Series of 2005);਍ഀ Vote 7-0-0 to approve, with conditions including:਍ഀ 4. Prior to the issuance of a temporary or final Certificate of Occupancy for this਍ഀ manor amendment to Special Development District (SDD) No. 6, Vail Village਍ഀ Plaza, the applicant shall construct andlor 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)."਍ഀ r c ~,a `n ~਍ഀ UJ a CD਍ഀ ? °a਍ഀ o Attachment: E਍ഀ CL਍ഀ r1 a਍ഀ a~.1 ! 1 a w 6r W਍ഀ >਍ഀ J਍ഀ Lij਍ഀ C) r~਍ഀ n ,1 S 5,+'O. 0 N N਍ഀ 00- --0 O਍ഀ \ c0 1l co L'io -CON਍ഀ %0 ix 0 IT (0 Z਍ഀ t਍ഀ o ti U 0਍ഀ r_ } Y-- Q i I. S Q਍ഀ CL [r < J W਍ഀ O L;਍ഀ a .c i m਍ഀ o X. O਍ഀ la 3 H a. (J਍ഀ Y਍ഀ 7਍ഀ P.14 Li਍ഀ tU਍ഀ - Coll਍ഀ 1-tis - _in n7਍ഀ 4. d- ~U-~ ioti਍ഀ .~,.N u u u L਍ഀ A਍ഀ W a l I Q਍ഀ x x 0਍ഀ n ~ `L V਍ഀ _J N c n~, U਍ഀ p J U,਍ഀ W N Z ~~1਍ഀ 0਍ഀ 0.1਍ഀ N d ~਍ഀ 2.3਍ഀ r- v਍ഀ 20 01 L~਍ഀ z਍ഀ C਍ഀ V -਍ഀ Portion of Alpeenrose Restaurant Vail Village Plaza Condominiums Phase I (Ordinance No. 32,਍ഀ Series of 2003)਍ഀ - No public improvements required.਍ഀ t-14L- I:;-਍ഀ 1, 0 1,਍ഀ -7 x਍ഀ bLle਍ഀ J --I਍ഀ `AL਍ഀ L-7 7-0਍ഀ III਍ഀ Y ;~J1Gv _ n / 1~.s l 1. l,1਍ഀ 7,,਍ഀ Hi Dick,਍ഀ Just a few thoughts that came to mind after the last meeting.਍ഀ I guess I have talked enough about my contribution to the Town as a਍ഀ developer. I think I have given a higher percentage of my projects to the਍ഀ Town than any other developer.਍ഀ I think it is a shame to arbitrarily apply the Master Plan and Zoning਍ഀ Ordinance one way to me and another to Luc Meyer and the Alpenrose.਍ഀ We have tried very hard over the years to generate some income out of the਍ഀ spaces we like to convert. Most of the time not very successfully. That's਍ഀ why we donated the space to the Farmer's Market for several years. That is a਍ഀ good use as far as Mark is concerned, but it does not pay for taxes or਍ഀ common area assessments.਍ഀ Most of the potential tenants turned us down ( including office use) because਍ഀ of the lack of public parking. I assume that lawyers hairdressers etc. think਍ഀ they have to be able to provide on site parking for their customers.਍ഀ When people walk away from a 25.00 a square foot rent I think we can all਍ഀ agree that this is NOT Prime Commercial.਍ഀ I think the Town would receive more benefits from the proposed change of਍ഀ use, since the Chedrauis are always around and they do not dine at਍ഀ McDonalds.਍ഀ We have already hired a contractor to connect the parking garages and as it਍ഀ stands with the hotels bankruptcy this is another $ 75,000 to $ 80,000 dollar਍ഀ expense we have to absorb.਍ഀ Hope you have a chance to give the proposal another thought.਍ഀ Thanks,਍ഀ + U਍ഀ Special Development District (SDD)਍ഀ Application for Review by the਍ഀ Planning and Environmental Commission਍ഀ 'i1lirf Yi 1 Department of Community Development਍ഀ 'Al 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 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:਍ഀ ❑ Rezoning $1300਍ഀ ❑ Conditional Use Permit਍ഀ $650਍ഀ ❑ Major Subdivision $1500਍ഀ ❑ Floodplain Modification਍ഀ $400਍ഀ ❑ Minor Subdivision $650਍ഀ ❑ Minor Exterior Alteration਍ഀ $650਍ഀ ❑ Exemption Plat $650਍ഀ ❑ Major Exterior Alteration਍ഀ $800਍ഀ ❑ Minor Amendment to an SDD $1000਍ഀ ❑ Development Plan਍ഀ $1500਍ഀ ❑ New Special Development District $6000਍ഀ ❑ Amendment to a Development Plan਍ഀ $250਍ഀ N Major Amendment to an SDD $6000਍ഀ ❑ Zoning Code Amendment਍ഀ $1300਍ഀ ❑ Major Amendment to an SDD $1250਍ഀ ❑ Variance਍ഀ $500਍ഀ (no exterior modifications)਍ഀ ❑ Sign Variance਍ഀ $200਍ഀ Description of the Request: conversion nfa Potio਍ഀ n of Existing I Init 602 fro n Crrmmerrial tQKesidentiaL਍ഀ llse (arn~rox.~ 1 s to combine with existing iLtSid-Qa a Upit_1_l0 above਍ഀ Location of the Proposal: Lot: Block:਍ഀ Subdivision: Condominitun Unit 110 and a਍ഀ Village nn a7a਍ഀ portion of Unit 602,਍ഀ Physical Address: 1QQ~dor las1]QR602 Vail, C9 _਍ഀ #I 10:P5 rce 08਍ഀ Parcel No.: 4602: Parce19210108254031 (Contact਍ഀ Eagle Co. Assessor at 970-328-8640 for p਍ഀ arcel no.)਍ഀ Zoning: SCD No. 6 [Public Accomodation - Underlying਍ഀ ਍ഀ Name(s) of Owner(s): Unit 9110: Colondo Compan਍ഀ y: nit 4602: Vat Ville Inn. Inc.਍ഀ _਍ഀ Mailing Address: cZQ_Rhf-y-man y tfmvard, f I c , A1'਍ഀ T1VSia T&ev1i__i OOD S Frontage Rd. We,t 9਍ഀ ?00 _਍ഀ Vail CO 81657਍ഀ Phone: 970- X0.1605਍ഀ Owner(s) Signature(s):਍ഀ Name of Applicant: Colondo Co an਍ഀ Z, _਍ഀ Mailing Address: _ Sherman & H. rd L. C. see above਍ഀ Phone:਍ഀ E-mail Address: tdevlin cashennanhoward.com __Fax 303-2.98-0940 _਍ഀ For Office Use Only:਍ഀ Fee Paid: Check Nci.: ° By:਍ഀ PEC No.:~਍ഀ Meeting D t ~਍ഀ Planner: Project;No਍ഀ F:\cdev\FORMS\Permiis\Planning\PEC\SDD10-18-2006.doc Page 1 of 7 D t,- 1 /A6 L~ U V਍ഀ -PF. 1 A G 1 12008਍ഀ I~ TOWN OF VAI਍ഀ -4. Special Development District (SDD)਍ഀ Application for Review by the਍ഀ Planning and Environmental Commission਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tei: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:਍ഀ ❑ Rezoning $1300 ❑ Conditional Use Permit $650਍ഀ ❑ Major Subdivision $1500 ❑ Floodplain Modification $400਍ഀ ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650਍ഀ ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800਍ഀ ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500਍ഀ ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250਍ഀ N Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300਍ഀ ❑ Major Amendment to an SDD $1250 ❑ Variance $500਍ഀ (r7o exterior modifications,) ❑ Sign Variance $200਍ഀ Description of the Request: Conversinn of a Potion of Fxisting I Init 60? from Commercial tp,ResidentiaL਍ഀ 12L(5nnr~ ox 1 00 co. ft ) to combine with existing Residential Unif 1 10 above.਍ഀ tndge ominium Unit 110 and a portion of Unit 602,਍ഀ Location of the Proposal: Lot: Block: Subdivision: Co਍ഀ . za਍ഀ Physical Address: . eANM A,0 Units I 10 & 601 Vaal CO -਍ഀ # 110: Pat~c਍ഀ Parcel No.. #602: Parcel#210108254031 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Zoning: SDD No. 6 [Public Accomodation - Underlying] _਍ഀ Name(s) of Owner(s): Unit #1107 Colondo Company: Unit #602: Vail Village Inn. Inc.਍ഀ Mailing Address: r/nShe,.rmqn&TJn-rd,l1 C' Tim ])&Ulin- 100 ntap Rr1 Wtst te20n਍ഀ Vail CO 81657 hone: 970-790-1605਍ഀ Owner(s) Signature(s):਍ഀ Name of Applicant: Colondo an਍ഀ Malliing Address: Sherman & Howard, L.L.C. (see above)਍ഀ Phone: 970-790-1605਍ഀ E-mail Address: t4levliti Ahermanhoward.com Fax 303-298-094਍ഀ F:`a:dev\FORMS\Permiis\Ptanning\PEC\SDD10-18-2006.doc Page i of 7 114106਍ഀ I਍ഀ JUL-d8-dUUd d.5:140 From: Io:5HtK1"IHN HUWHKU f'.d'Cf਍ഀ Village Inn Plaza, Phase III, Condominium Association਍ഀ 100 East Meadow Drive, Vail, Colorado 87657਍ഀ July 26, 2008਍ഀ Town of Vail਍ഀ 74 South rr.olitage Road਍ഀ Vail, Colorado 81567਍ഀ Re: Remodel and Addition Plan਍ഀ Blue Line Architects P.C.਍ഀ Chedrui Residence Project # 0814਍ഀ Sheets A2.01 tbroogb A2.04 and A3.01 through A3.04਍ഀ inclusive.਍ഀ near Sirs:਍ഀ This letter is to i.rl.form you that the Soard of Matiagere of Vail਍ഀ village tnn Plaza, Phase 111, Condominium Association has਍ഀ approved the conversion of approximately 1500 sq, ft. of comme.r-਍ഀ ci.al. space currently owned by Joe Staufer r_o resideintial use to਍ഀ be incl iA.ed in and be a part of the Chedraui Un.tt 110 Vail਍ഀ Village Inn Plaza, base III Condominiums as set folr. th in the਍ഀ plan identified. above as well as any subsequent modlfi.Cationg,਍ഀ thereto rewired by the Town of Vail not to exceed 1500 sq. ft਍ഀ Sincerely yours,਍ഀ 0, Deane Hall Jr,਍ഀ President, Board of managers਍ഀ 'A਍ഀ 7~d},~ PpTI~'t~WNER਍ഀ t T- ~~ll WRITTEN APPROVAL LETTER਍ഀ I, (print name) Josef Staufer, Vail Village Inn, Inc. a joint owner of property located at਍ഀ unit 602 Village Inn Plaza,100 E. Meadow Drive, Vail CO 81657 provide਍ഀ this letter as written approval of the plans dated _07-23-08which have been਍ഀ submitted to the Town of Vail Community Development Department for the proposed improvements to਍ഀ be completed at the address noted above. I understand that the proposed improvements include:਍ഀ All im royements and modifications as described in (1) Letter dated JuLI~L24 from Sherman & Howard LLC to਍ഀ Village Inn Plaza Condominium Association (attached); and 2 Letter dated July 26 2008, from Village Inn Plaza,਍ഀ Phase III Condominium Association. to The Town of Vail (attached). (Date)਍ഀ Additionally, lease check the statement below which is most applicable to you:਍ഀ I understand that minor modifications may be made to the plans over the course of the review਍ഀ process to ensure compliance with the Town's applicable codes and regulations.਍ഀ (1,71iial 1&!/ e)਍ഀ O I request that all modifications, minor or otherwise, which are made to the plans over the course of਍ഀ the review process, be brought to my attention by the applicant for additional approval before਍ഀ undergoing further review by the Town.਍ഀ jlrrrira//Tere%਍ഀ joinrpmpelo, ou 17e' /ellei- Irmised /2'7&20v2l 5'r਍ഀ F lcdev\FORMS\Permits\Planning\PEC\SDD10-18-2006.doc Page 2 of 7 1/4106਍ഀ ~ N O਍ഀ O I o਍ഀ u r਍ഀ an਍ഀ C'_'C~ ~r"'bC਍ഀ ~C਍ഀ rri਍ഀ Y, o,C਍ഀ 00਍ഀ ~p਍ഀ p਍ഀ o਍ഀ CD਍ഀ - o਍ഀ o਍ഀ C -ri਍ഀ ~਍ഀ ~ UQ਍ഀ ਍ഀ I-rI਍ഀ W਍ഀ ਍ഀ ~਍ഀ .ly਍ഀ '਍ഀ td਍ഀ o਍ഀ n਍ഀ ~ n਍ഀ b਍ഀ to਍ഀ ~ ~O ~ C਍ഀ O ~਍ഀ CD CA਍ഀ b਍ഀ d n਍ഀ C O.਍ഀ ~ o਍ഀ W਍ഀ a਍ഀ 0਍ഀ o'਍ഀ ~ms~਍ഀ n D਍ഀ O CD਍ഀ o ~਍ഀ N਍ഀ n਍ഀ C਍ഀ O਍ഀ b n਍ഀ O O F?਍ഀ 00 o 11) CD਍ഀ 01 O 'CS '17਍ഀ 0 N਍ഀ Oa਍ഀ O਍ഀ a਍ഀ 0਍ഀ o'਍ഀ °O W਍ഀ o~C਍ഀ N਍ഀ D਍ഀ CD਍ഀ d ~਍ഀ n਍ഀ O਍ഀ a਍ഀ O਍ഀ W਍ഀ O ~਍ഀ 00਍ഀ ~d਍ഀ N਍ഀ w C਍ഀ 0਍ഀ a.਍ഀ 0਍ഀ a਍ഀ 0਍ഀ o'਍ഀ ~C O C਍ഀ O ~਍ഀ a. •ti਍ഀ 0਍ഀ ~ N਍ഀ d ~਍ഀ W਍ഀ (D਍ഀ C਍ഀ C7਍ഀ 0਍ഀ Or਍ഀ 0਍ഀ N਍ഀ CD਍ഀ W~a~ ~਍ഀ O਍ഀ ° ~10 ¢਍ഀ ° n਍ഀ 00਍ഀ CD s O਍ഀ "3਍ഀ O਍ഀ ON਍ഀ a਍ഀ ."S n C)਍ഀ o਍ഀ N਍ഀ a.਍ഀ a .਍ഀ a਍ഀ C o਍ഀ o਍ഀ .਍ഀ ~N਍ഀ O 6'਍ഀ C N n C਍ഀ P O਍ഀ do਍ഀ Z਍ഀ 00਍ഀ Vi O p '"d਍ഀ P) N਍ഀ O਍ഀ N n਍ഀ aP a਍ഀ ~ o਍ഀ Cn ('D਍ഀ (D c'਍ഀ (D਍ഀ W a਍ഀ O°਍ഀ o'਍ഀ N ~਍ഀ C਍ഀ CD਍ഀ o g਍ഀ b਍ഀ N਍ഀ pi਍ഀ O0਍ഀ N਍ഀ C~਍ഀ O਍ഀ 00਍ഀ 01਍ഀ Nycn਍ഀ O ~਍ഀ Co~~਍ഀ ~ N O਍ഀ C7਍ഀ ~਍ഀ )~Cz7~ O਍ഀ ~ N ~ O਍ഀ p CD਍ഀ _ C77਍ഀ O਍ഀ C਍ഀ CD਍ഀ a਍ഀ O਍ഀ ਍ഀ Op਍ഀ N C਍ഀ O਍ഀ C7~਍ഀ ~਍ഀ ~ b਍ഀ n਍ഀ o0਍ഀ O਍ഀ O਍ഀ O~ ~C Q..਍ഀ 0i਍ഀ 00਍ഀ (Op਍ഀ Y਍ഀ 77CD਍ഀ 0 d~.o਍ഀ 0਍ഀ CD਍ഀ o਍ഀ nO-਍ഀ CL Qq਍ഀ CD਍ഀ (D਍ഀ C਍ഀ O਍ഀ N਍ഀ N CD਍ഀ CD਍ഀ CD਍ഀ O਍ഀ .fl O਍ഀ O਍ഀ q .਍ഀ CL਍ഀ "t C਍ഀ o ~਍ഀ 0਍ഀ Y਍ഀ 0਍ഀ o'਍ഀ ਍ഀ ਍ഀ to਍ഀ ਍ഀ ~~'•CD਍ഀ ~o਍ഀ 00 Q..਍ഀ o o਍ഀ cn਍ഀ C਍ഀ a਍ഀ C਍ഀ C} o਍ഀ (D Cl,਍ഀ ~1 Qq਍ഀ ~਍ഀ cn਍ഀ ਍ഀ ~਍ഀ O਍ഀ .m਍ഀ Ca.਍ഀ O਍ഀ O਍ഀ FA਍ഀ Sherman & Howard L.L.C.਍ഀ ATTORNEYS x COUNSELORS AT LAW਍ഀ 1000 South Frontage Road West . Suite 200਍ഀ VAIL, COLORADO 81657਍ഀ TELEPHONE: (970) 476-7646਍ഀ FAX. (970) 476-7118਍ഀ OFFICES IN. DENVER COLORADO SPRINGS਍ഀ PHOENIX RENO LAS VEGAS਍ഀ Timothy N. Devlin਍ഀ Direct Dial # (970) 790-1605਍ഀ E-mail: tdevlinC`shermanhoward.com਍ഀ July 24, 2008਍ഀ Village Inn Plaza Condominium Association਍ഀ 100 E Meadow Dr., #31਍ഀ Vail, Colorado 81657਍ഀ Re: Request for Association Approval of Combination of Unit 110 with a Portion of Unit 602਍ഀ Dear Village Inn Plaza Condominium Association:਍ഀ On behalf of our client Alfredo Chedraui, the current owner of Village Inn Plaza਍ഀ Condominium Unit #110, the purpose of this letter is to request approval from the Association਍ഀ for Mr. Chedraui's proposed combination of Unit #110 with a portion of Unit #602 located਍ഀ immediately below Unit #110. Unit #602 is currently owned by Josef Staufer, who has a਍ഀ purchase contract with Mr. Chedraui for a portion of Unit #602 that is presently occupied by਍ഀ three lessees: (i) Digits Nail Boutique, (ii) Robinson, Mitchell & Associates, and (iii) the eastern਍ഀ one-third of To Catch a Cook's space (collectively, the "Premises" - level 95.0). The Premises਍ഀ consist of approximately 1,483 sq. ft. of floor area.਍ഀ Enclosed are proposed floor plans and elevations drawings prepared by Blue Line਍ഀ Architects for Mr. Chedraui. Note that there are two primary components to the proposed਍ഀ project request:਍ഀ Conversion of the Premises from commercial to residential use (connecting to the਍ഀ above Unit #110 - level 105.0'); and਍ഀ 2. Conversion of one existing bedroom and bathroom in Unit #110 (level 105.0') to਍ഀ become a dining area. Additional minor alterations to existing Unit #110 include the਍ഀ addition of a powder bath, a pantry, and an interior stair connecting Unit #110 to the਍ഀ Premises.਍ഀ The proposed interior modifications to the Premises include the addition of a mudroom,਍ഀ media room, three bedrooms, and four bathrooms, in addition to a stair linking the Premises to਍ഀ the existing Unit #110.਍ഀ Exterior modifications to the north elevation include the removal of the aluminum਍ഀ storefront windows and doors at Robinson, Mitchell & Associates' existing real estate office and਍ഀ the existing Digits Nail Boutique. These storefront windows and doors would be replaced with਍ഀ aluminum clad bronze windows (per enclosed sheet A3.02), and trimmed below the windows਍ഀ Sherman & Howard L.L.C.਍ഀ with wood to match similar treatment of other windows in the building. The existing doorway to਍ഀ Robinson, Mitchell & Associates' office will be removed and patched with stucco to match the਍ഀ adjacent finish and color. Three additional windows will be added to the north elevation at Unit਍ഀ #110 above the new proposed entry door to the converted Premises. The new entry door would਍ഀ be designed to match the doors entering the adjacent Claggett Rey Gallery. A new timber frame਍ഀ awning with copper shingles (brown patina) is proposed to be added above the new entry door,਍ഀ provided that the Town of Vail does not require replacement of all of the building's existing਍ഀ wood roofing shingles with non-combustible roofing materials. Alternatively, a canvas awning਍ഀ (instead of the timber and copper shingle porch awning) would be proposed.਍ഀ Exterior modifications to the east elevation include the removal of a portion of the unused਍ഀ void space below the existing Unit #110 balcony. This would result in the addition of two new਍ഀ pairs of windows for bedrooms in the Premises, which will be sized, colored, and trimmed to਍ഀ match the adjacent windows at Unit #111. Heavy timber wood brackets, stained to match other਍ഀ trim on the building, will be added to accent the "bump-out" below the Unit #110 bump-out as਍ഀ indicated on enclosed sheet A3.04. Additional windows on the east elevation include a new਍ഀ window at the east wall of the Premises, and the addition of new transom windows above the਍ഀ existing balcony doors of Unit #110. Any exterior materials damaged during demolition for the਍ഀ addition of the features described above will be repaired to match existing materials.਍ഀ Please do not hesitate to contact me directly with any questions or comments that the਍ഀ Association may have related to this request. Thank you in advance for your consideration of Mr.਍ഀ Chedraui's proposed improvements.਍ഀ Very Truly Yours,਍ഀ SHERRM~ AN & HOWARD L.L.C.਍ഀ •਍ഀ Timothy "N. Devlin਍ഀ Enclosures - Chedraui Residence Remodel and Addition Drawings (8 Sheets)਍ഀ cc: Ann Reilly Bishop, Esq.਍ഀ Josef Staufer਍ഀ Alfredo Chedraui਍ഀ Robbie Robinson਍ഀ 2਍ഀ Chedraui. Alfredo LTR-to Village Inn Plaza Assn re request for approval of unit combinatior.doc਍ഀ Colondo Company਍ഀ Request to Convert a Portion of Unit #602, Village Inn Plaza, from Retail and਍ഀ Professional Office Uses to Residential Use਍ഀ Written Statements (from Submittal Requirements):਍ഀ a. Description of the Nature of the Proiect:਍ഀ The Applicant, Colondo Company, is the current owner of Village Inn Plaza਍ഀ Condominium Unit #110, and is requesting approval from the Town of Vail for the proposed਍ഀ combination of Unit #110 with a portion of Unit #602 located immediately below Unit #110.਍ഀ Unit #602 is currently owned by Vail Village Inn, Inc., which has a purchase contract with਍ഀ Colondo Company for a portion of Unit #602 that is presently occupied by three lessees: (i)਍ഀ Digits Nail Boutique, (ii) Robinson, Mitchell & Associates, and (iii) the eastern one-third of To਍ഀ Catch a Cook's space (collectively, the "Premises" - level 95.0). The Premises consist of਍ഀ approximately 1,483 sq. ft. of floor area. Both Colondo Company and Vail Village Inn, Inc., have਍ഀ signed the application for Major Amendment to SDD No. 6.਍ഀ Enclosed with the Application for Major Amendment to SDD No. 6 are existing and਍ഀ proposed architectural drawings prepared by Blue Line Architects for the Applicant. Note that਍ഀ there are two primary components to the proposed project request:਍ഀ 1. Conversion of the Premises (1,483 SF) from retail and office uses to residential use਍ഀ (connecting to the above Unit #110 - level 105.0'); and਍ഀ 2. Conversion of one existing bedroom and bathroom in Unit #110 (level 105.0') to਍ഀ become a dining area. Additional minor alterations to existing Unit #110 include the਍ഀ addition of a powder bath, a pantry, and an interior stair connecting Unit #110 to the਍ഀ Premises.਍ഀ The proposed interior modifications to the Premises include the addition of a mudroom,਍ഀ media room, three bedrooms, and four bathrooms, in addition to a stair linking the Premises to the਍ഀ existing Unit #110.਍ഀ Exterior modifications to the north elevation include the removal of the aluminum਍ഀ storefront windows and doors at Robinson, Mitchell & Associates' existing real estate office and਍ഀ the existing Digits Nail Boutique. These storefront windows and doors would be replaced with਍ഀ aluminum clad bronze windows (per enclosed sheet A3.02), and trimmed below the windows਍ഀ with wood to match similar treatment of other windows in the building. The existing doorway to਍ഀ Robinson, Mitchell & Associates' office will be removed and patched with stucco to match the਍ഀ adjacent finish and color. Three additional windows will be added to the north elevation at Unit਍ഀ #110 above the new proposed entry door to the converted Premises. The new entry door would਍ഀ be designed to match the doors entering the adjacent Claggett Rey Gallery. A new timber frame਍ഀ awning with copper shingles (brown patina) is proposed to be added above the new entry door,਍ഀ provided that the Town of Vail does not require replacement of all of the building's existing਍ഀ wood roofing shingles with non-combustible roofing materials. Alternatively, a canvas awning਍ഀ (instead of the timber and copper shingle porch awning) would be proposed.਍ഀ Exterior modifications to the east elevation include the removal of a portion of the unused਍ഀ void space below the existing Unit #110 balcony. This would result in the addition of two new਍ഀ pairs of windows for bedrooms in the Premises, which will be sized, colored, and trimmed to਍ഀ match the adjacent windows at Unit #111. Heavy timber wood brackets, stained to match other਍ഀ trim on the building, will be added to accent the "bump-out" below the Unit #110 bump-out as਍ഀ indicated on enclosed sheet A3.04. Additional windows on the east elevation include a new਍ഀ window at the east wall of the Premises, and the addition of new transom windows above the਍ഀ existing balcony doors of Unit #110. Any exterior materials damaged during demolition for the਍ഀ addition of the features described above will be repaired to match existing materials.਍ഀ b. Statement of How and Where the Proposed Development Deviates from the਍ഀ Development Standards in the Property's Underlying Zone District:਍ഀ The underlying zoning district is Public Accommodation (PA). The proposed project਍ഀ does not deviate from the Development Standards in the PA District. The Applicant is requesting਍ഀ to add 1,483 GRFA to Phase III of SDD No. 6.਍ഀ Colondo Company਍ഀ Request to Convert a Portion of Unit #602, Village Inn Plaza, from Retail and਍ഀ Professional Office Uses to Residential Use਍ഀ Zoning Analysis (from Submittal Requirements):਍ഀ Unit #602:਍ഀ Existing office & retail area, Unit #602: 3,416 SF਍ഀ Area of portion of Unit #602 converted from office/retail uses to residential Use: 1,483 SF਍ഀ Remaining retail area, Unit #602: 1,933 SF਍ഀ Unit #110:਍ഀ Existing GRFA, Unit #110: 2,310 GRFA਍ഀ Additional area, Unit #110, from converted portion of Unit #602: 1,483 GRFA਍ഀ Total area of Unit #I 10 (after combination w/portion of Unit #602): 3,793 GRFA਍ഀ Parking:਍ഀ Residential Use: Village Inn Plaza is located within Commercial Core Area Parking Map 1, Vail Village.਍ഀ Per Town Code § 12-10-10, all dwelling units in Core Area Parking Map 1, regardless of size, are required਍ഀ to have a minimum of 1.4 parking spaces. Therefore, the addition of 1,483 of GRFA to Unit #110 will not਍ഀ result in any additional parking spaces being required. Note that under the terms of the purchase contract਍ഀ between Colondo Company and Vail Village Inn, Inc., one additional parking space will be sold to਍ഀ Colondo Company by Vail Village Inn.਍ഀ Retail & Office Uses: The decrease of 1,483 SF of professional office and retail area from a portion of Unit਍ഀ #602 will result in an overall decrease in parking required as follows:਍ഀ Existing retail store area being eliminated from Unit #602: 1,140 SF਍ഀ Results in a reduction of 2.6 (3) parking spaces being required (based on requirement of 2.3 spaces per਍ഀ 1,000 SF of net floor area for retail stores and personal services);਍ഀ Existing professional/business office area being eliminated from Unit #602: 343 SF਍ഀ Results in a reduction of 0.93 (1) parking space being required (based on requirement of 2.7 spaces per਍ഀ 1,000 SF of net floor area਍ഀ TOTAL REDUCTION IN PARKING DEMAND: 3.53 (4) PARKING SPACES਍ഀ ' :E :2. .H _H Jb = ~E Fp •._s 9' E3:; - 3 k 3~ ""d / I਍ഀ t E Y8 Y° .ice ° 'e:e:F. 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ANTONIO CHEDRAUI CARAM S/N਍ഀ COL. ENCINAL 91180਍ഀ XALAP,VERACRUZ਍ഀ Entail: alfredo@chedraui.com.mx਍ഀ Linked Commitment Delivery਍ഀ SHERMAN & HOWARD LLC *TMX*਍ഀ 1000 S FRONTAGE RD #200਍ഀ VAIL, CO 81657਍ഀ Attn: TIMOTHY N DEVLIN਍ഀ Phone: 970-476-7646਍ഀ Fax: 970-476-7118਍ഀ Copies: 1਍ഀ Entail: tdevlin@shermanhoward.com਍ഀ Linked Commitment Delivery਍ഀ VAIL VILLAGE INN, INC.਍ഀ 100 E. MEADOW DRIVE਍ഀ SUITE 31਍ഀ VAIL, CO 81657਍ഀ Attn: JOESEF STAUFER਍ഀ Sent Via US Postal Service਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ 108 S FRONTAGE RD W #203਍ഀ VAIL, CO 81657਍ഀ Attn: Jennifer Nolan਍ഀ Phone: 970-476-2251਍ഀ Fax: 970-476-4534਍ഀ EMail: jnolan@Itgc.com਍ഀ Land Title Guarantee Company਍ഀ Date: 08-11-2008਍ഀ Land Title Our Order Number: V50023072-2਍ഀ GUARANTEE COMPANY਍ഀ Property Address:਍ഀ A PORTION OF CONDOMINIUM UNIT 602, VILLAGE INN PLAZA, AS DEPICTED ON EXHIBIT TO਍ഀ CONTRACT VAIL, CO 81657਍ഀ Buyer/Borrower:਍ഀ COLANDO COMPANY, A CAYMAN ISLANDS CORP਍ഀ Seller/Owner:਍ഀ VAIL VILLAGE INN, INC., A COLORADO CORPORATION਍ഀ Wire Information:਍ഀ Bank: FIRSTBANK OF COLORADO਍ഀ 10403 W COLFAX AVENUE਍ഀ LAKEWOOD, CO 80215਍ഀ Phone: 303-237-5000਍ഀ Credit: LAND TITLE GUARANTEE COMPANY਍ഀ ABA No.: 107005047਍ഀ Account: 2160521825਍ഀ Attention: Jennifer No/an਍ഀ Note: Once an original commitment has been issued, any subsequent਍ഀ modifications will be emphasized by underlining.਍ഀ Need .a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com਍ഀ for mI"eCUWl3 W d11V vi vur J% U111Ce 1ULd UU11N.਍ഀ ESTIMATE OF TITLE FEES਍ഀ ALTA Owners Policy 06-17-06 $2,857.00਍ഀ Deletion of Exceptions 1-3 (Owner) $40.00਍ഀ Deletion of General Exception 4 (Owner) $10.00਍ഀ Tax Report 8009888 $25.00਍ഀ If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.਍ഀ TOTAL਍ഀ $2,932.00਍ഀ Form CONTACT 06/04਍ഀ THANK YOU FOR YOUR ORDER!਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ Statement Number: R080001373 Amount: $6,000.00 08/12/200801:38 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 2863 SHERMAN &਍ഀ HOWARD਍ഀ ਍ഀ Permit No: PEC080049 Type: PEC -Major SDD Amendment਍ഀ Parcel No: 2101-082-5403-1਍ഀ 2101-082-5401-0਍ഀ Site Address: 68 E MEADOW DR VAIL਍ഀ Location:਍ഀ 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਍ഀ Sherman & Howard L.L.C.਍ഀ ATTORNEYS & COUNSELORS AT LAW਍ഀ 1000 South Frontage Road West . Suite 200਍ഀ VAIL. COLORADO 8165 7਍ഀ TELEPHONE: (970) 476-7646਍ഀ FAX_ (970)476-7118਍ഀ OFFICES IN DENVER COLORADO SPRINGS਍ഀ PHOENIX RENO LAS VEGAS਍ഀ Timothy N. Devlin਍ഀ Direct Dial # (970) 790-1605਍ഀ E-mail: tdeNlin(aishermanhocvard.com਍ഀ Town of Vail਍ഀ Department of Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, CO 81657਍ഀ Attn: Nicole Peterson, Planner਍ഀ September 24, 2008਍ഀ Re: Colondo Company, Unit #602, Village Inn Plaza਍ഀ Request for Approval for a Major Amendment to SDD #6 to Increase the Total਍ഀ Allowable GRFA within the District from 186,561 sq. ft. to 187,798 sq. ft.਍ഀ Dear Nicole:਍ഀ Thank you for the opportunity to submit revised information and design drawings related to਍ഀ Applicant Colondo Company's pending application for a Major Amendment to SDD #6. This letter and਍ഀ accompanying materials are intended to modify the application as described herein.਍ഀ L Description of the Nature of the (Revised) Proiect:਍ഀ The Applicant, Colondo Company, current owner of Village Inn Plaza Condominium Unit #110,਍ഀ is requesting approval for a major amendment to SDD #6 to increase the total allowable gross residential਍ഀ floor area (GRFA) within the district from 186,561 sq. ft. to 187,798 sq. ft. The Applicant is proposing to਍ഀ combine Unit #110 with a op rtion of Unit #602 located immediately below. Unit #602 currently totals਍ഀ approximately 3,229 sq. ft., and is now leased by four tenants: (i) Digits Nail Boutique (108 sq. ft.), (ii)਍ഀ Robinson, Mitchell & Associates (312 sq. ft.), (iii) To Catch a Cook (1,830 sq. ft.), and (iv) Tezla's਍ഀ Lingerie (979 sq. ft).਍ഀ The portion of Unit #602 that the Applicant is proposing to convert from retail and office uses to਍ഀ residential use (the "Premises") is as follows:਍ഀ (i) all of Digits Nail Boutique (which will be relocated elsewhere within #602): 108 sq. ft.਍ഀ (ii) portion of Robinson, Mitchell (which will likely remain in reconfigured space): 115 sq. ft.਍ഀ (iii) portion of To Catch a Cook (which will be relocated into Tezla's vacated space): 976 sq. ft.਍ഀ (iv) miscellaneous (e.g. interior partition walls removed) 38 sq ft਍ഀ "TOTAL: 1,237 sq. ft.਍ഀ Enclosed herewith are existing and proposed architectural design drawings prepared by Blue Line਍ഀ Architects for the Applicant, which have been revised from the original submission. GRFA has been਍ഀ reduced from 1,483 sq. ft. to 1,237 sq. ft., and 197 of 312 sq. ft. of Robinson Mitchell's space is retained਍ഀ as office/ retail use. There are two primary components to the proposed project request: (1) conversion of਍ഀ the Premises (1,237 SF) from retail and office uses to residential use (connecting to Unit #110 above -਍ഀ level 105.0'); and (2) conversion of one existing bedroom and bathroom in Unit #110 (level 105.0') to਍ഀ Sherman & Howard L.L.C.਍ഀ become a dining area. Additional minor alterations to existing Unit #110 include the addition of a powder਍ഀ bath, a pantry, and an interior stair connecting Unit #110 to the Premises below.਍ഀ II. Statement of How and Where the Proposed Development Deviates from the Development਍ഀ Standards in the Property's Underlying 'Lone District:਍ഀ The underlying zoning district is Public Accommodation (PA). The proposed project does not਍ഀ deviate from the Development Standards in the PA District. The Applicant is requesting to increase the਍ഀ total allowable GRFA within SDD #6 from 186,561 sq. ft. to 187,798 sq. ft. by the addition of 1,237 sq.਍ഀ ft. of GRFA.਍ഀ III. Zoning and ParkinL- Analvsis:਍ഀ Unit #602:਍ഀ Existing office & retail area, Unit #602: 3,229 sq. ft.਍ഀ Area of portion of Unit #602 converted from office & retail uses to residential use: 1,208 sq. ft.਍ഀ Remaining office and retail area, Unit #602: 2,021 sq. ft.਍ഀ Note that of the 1,208 sq. ft. proposed to be converted from retail &office uses to residential use,਍ഀ only 108 sq. ft. (Digits) has frontage along the pedestrian plaza, the remaining 1,100 sq. ft. is਍ഀ interior to the building.਍ഀ Unit #110:਍ഀ Existing GRFA, Unit #110: 2,310 sq. ft.਍ഀ Additional GRFA, Premises (converted portion of Unit #602): 1,237 sq. ft.਍ഀ Total GRFA of Unit #110 (after combination w/Premises): 3,547 sq. ft.਍ഀ Parkin :਍ഀ Residential Use: Village Inn Plaza is located within Commercial Core Area Parking Map 1, Vail Village.਍ഀ Per Town Code § 12-10-10, all dwelling units in Core Area Parking Map 1, regardless of size, are required਍ഀ to have a minimum of 1.4 parkin spaces. Therefore, the addition of 1,237 sq. ft. of GRFA to Unit #110਍ഀ will not result in any additional parking spaces being required.਍ഀ Retail & Office Uses: The decrease of approximately 1,208 net sq. ft. of professional office and retail area਍ഀ from a portion of Unit #602 will result in an overall decrease in parking required as follows:਍ഀ Retail and personal service area being eliminated from Unit #602 (108 + 976) equals 1,084 sq. ft., which਍ഀ results in a reduction of 2.5 parking spaces (based on requirement of 2.3 spaces per 1,000 sq. ft.); and਍ഀ Professional/business office area being eliminated from Unit #602 equals 115 sq. ft., which results in a਍ഀ reduction of 0.3 parking spaces (based on requirement of 2.7 spaces per 1,000 sq. ft.).਍ഀ TOTAL REDUCTION IN PARKING DEMAND: 2.8 PARKING SPACES਍ഀ IV. Design Criteria for Evaluating the Merits of the Proposed (Changes to) Special਍ഀ . Development District (from Town Code 12-9A-8):਍ഀ A. Design compatibility and sensitivity to the immediate environment, neighborhood and਍ഀ adjacent properties relative to architectural design, scale, bulk, building height, buffer਍ഀ zones, identity, character, visual integrity and orientation.਍ഀ 2਍ഀ Sherman & Howard L.L.C.਍ഀ The proposed exterior alterations, including new windows and an entry door are compatible with਍ഀ the existing building architecture. There are no exterior building additions proposed.਍ഀ B. Uses, activity and density which provide a compatible, efficient and workable relationship਍ഀ with surrounding uses and activity.਍ഀ The proposed conversion and additional GRFA are consistent with the surrounding uses and਍ഀ activities, and would likely result in increased activity in the area since Unit 110 is occupied by the਍ഀ Applicant and its guests, on average, eighty (80) days per ski season. Note that Digits will be relocated਍ഀ within the same building at a different location, as will the portion of To Catch a Cook being converted਍ഀ (more below).਍ഀ Note also that the portion of Robinson Mitchell's space proposed to be converted from office to਍ഀ residential use is 115 sq. ft., and the portion of To Catch a Cook's space to be converted from retail to਍ഀ residential use is 976 sq. ft. Both spaces are interior to the building, and do not front directly onto the਍ഀ pedestrian plaza. Thus, of the 1,199 sq. ft. that is proposed to be converted from retail and office uses to਍ഀ residential use, only 108 sq. ft. (Digits) has direct frontage along the pedestrian plaza; the remaining 1,091਍ഀ sq. ft. (115 + 976) is interior to the building. To Catch a Cook will reconfigure its leased space to include਍ഀ the area currently occupied by Tezla's, which has decided not to renew its lease. The 108 sq. ft. from਍ഀ Digits' space will be used to accommodate a small entry foyer and new stairway to Unit #110 as shown਍ഀ on the enclosed revised floor plans.਍ഀ C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail਍ഀ Town Code.਍ഀ Parkin:਍ഀ a. Residential Use: Village Inn Plaza is located within Commercial Core Area Parking Map਍ഀ 1, Vail Village. Per Town Code § 12-10-10, all dwelling units in Core Area Parking Map 1,਍ഀ regardless of size, are required to have a minimum of 1.4 parking spaces. The addition of 1,237਍ഀ sq. ft. of GRFA to Unit #110 will not result in any additional parking spaces being required.਍ഀ b. Retail & Office Uses: The decrease of approximately 1,208 sq. ft. of professional office਍ഀ and retail area from a portion of Unit #602 will result in an overall decrease in parking required as਍ഀ follows:਍ഀ Retail and personal service area being converted from Unit #602 equals 1,084 sq. ft. (108 +਍ഀ 976), which results in a reduction of 2.5 parking spaces (based on 2.3 spaces/1,000 sq. ft.);਍ഀ Professional/business office area being eliminated from Unit #602 equals 115 sq. ft., which਍ഀ results in a reduction of 0.3 parking spaces (based on 2.7 spaces/1,000 sq. ft.਍ഀ TOTAL REDUCTION IN PARKING DEMAND: 2.8 PARKING SPACES.਍ഀ 2. Loading: The proposed conversion will have no impact on loading within SDD #6.਍ഀ D. Conformity with the applicable elements of the Vail Comprehensive Plan.਍ഀ The proposed addition of 1,237 sq. ft. of GRFA to SDD #6 is in conformance with the applicable਍ഀ elements of the Vail Comprehensive Plan, Vail Land Use Plan, and the Village Master Plan. It should be਍ഀ Sherman & Howard L.L.C.਍ഀ noted that similar requested conversions for increased GRFA within SDD #6 have been approved by਍ഀ Town Council (after recommendations of approval from both staff and PEC) for the following:਍ഀ Units 17 & 29, Vail Village Plaza Condominiums, Phase I (2005).਍ഀ The applicant under this request for a major amendment to SDD #6 received approval to਍ഀ convert portions of then Units 17 and 29 (formerly Phoenix Rising and Steven Reeve Art Gallery਍ഀ locations) from retail/commercial use to a new dwelling unit, thereby adding 2,104 sq. ft. of਍ഀ GRFA to SDD #6 (and increasing density). Entry to this new Unit #29 is directly from of the਍ഀ pedestrian walkway. (See Ordinance No. 6, Series of 2005, and staff memo to PEC dated਍ഀ January 24, 2005.)਍ഀ 2. Portion of Alpenrose Restaurant, Vail Villagg Plaza Condominiums, Phase I (2003).਍ഀ The applicant under this request for a major amendment to SDD #6 received approval to਍ഀ convert a portion of the Alpenrose to a new dwelling unit, thereby adding 2,132 sq. ft. of GRFA਍ഀ to SDD #6 (and increasing density). Entry to this new unit is also directly from the pedestrian਍ഀ walkway. (See Ordinance No. 32, Series of 2003, and staff memo to PEC dated June 9,਍ഀ 2003.)਍ഀ E. 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 proposed conversion area is਍ഀ not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its਍ഀ tributaries.਍ഀ F. Site plan, building design and location and open space provisions designed to produce a਍ഀ functional development responsive and sensitive to natural features, vegetation and overall਍ഀ aesthetic quality of the community.਍ഀ The proposed addition does not disturb any natural features or vegetation.਍ഀ G. A circulation system designed for both vehicles and pedestrians addressing on and off-site਍ഀ traffic circulation.਍ഀ The proposed conversion of existing office and retail space to residential use for an addition to਍ഀ Applicant's existing dwelling unit will have no detrimental impact on vehicular or pedestrian circulation਍ഀ on or off-site. See Section IV. B above.਍ഀ H. Functional and aesthetic landscaping and open space in order to optimize and preserve਍ഀ natural features, recreation, views and functions.਍ഀ No changes to landscaping are proposed through this request.਍ഀ I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient਍ഀ relationship throughout the development of the special development district.਍ഀ The addition is not proposed in phases.਍ഀ 4਍ഀ Sherman & Howard L.L.C.਍ഀ Thank you again for your assistance in working through the issues that have arisen as a result of਍ഀ Colondo Company's Application. Please do not hesitate to contact me directly if you have any questions਍ഀ or would like additional information.਍ഀ Very Truly Yours,਍ഀ SHERMAN & HOWARD L.L. .਍ഀ Timothy A. Devlin਍ഀ Enclosures - Revised਍ഀ A2.1਍ഀ A2.2਍ഀ A2.3਍ഀ A2.4਍ഀ A2.5਍ഀ A3.1਍ഀ A3.2਍ഀ A5.1਍ഀ cc: A. Chedraui਍ഀ J. Staufer਍ഀ S. Brummett਍ഀ Architectural Drawings:਍ഀ - Level 95.0' Existing/Demolition Plan;਍ഀ - Level 95.0' Proposed Floor Plan;਍ഀ - Level 105.0' Existing/Demolition Plan;਍ഀ - Level 105.0' Proposed Floor Plan;਍ഀ -Level 114.4' Floor Plan (No Modifications);਍ഀ - Existing and Proposed East Elevations;਍ഀ - Existing and Proposed North Elevations;਍ഀ - Vicinity Map and Photo Reference਍ഀ 5਍ഀ Page 1 of 2਍ഀ Nicole Peterson - Colondo Company SDD Amendment Application - Request Not to Table਍ഀ From: "Devlin, Timothy N."਍ഀ To: "George Ruther"਍ഀ Date: 10/13/2008 11:43 AM਍ഀ Subject: Colondo Company SDD Amendment Application - Request Not to Table਍ഀ CC: "Nicole Peterson" , "Warren Campbell" , "Josef Staufer"਍ഀ Attachments: "Nicole Peterson" , "Warren Campbell" , "Josef Staufer"਍ഀ Hi George,਍ഀ You are probably aware that staff is recommending that PEC table Colondo Company's SDD਍ഀ Amendment application hearing scheduled for later today due to "illegal construction activity"਍ഀ on the east side of Village Inn Plaza Phase III. 1 brought this activity to Nicole's attention last਍ഀ week - I called her on Tuesday after I had visited the site, inquiring as to what was going on on਍ഀ the east side of the building. I had assumed (incorrectly) that it was Solaris related, and being਍ഀ done at that developer's direction with Town approval.਍ഀ I subsequently had a meeting late Friday afternoon with Joe and Jonathan Staufer, and they਍ഀ were both adamant that they had nothing to do with and had no prior knowledge of the਍ഀ removal/ covering of the cracked asphalt path along the east side of the building, or with the਍ഀ construction of two railroad tie knee-walls at the north and south ends of the old walkway. Both਍ഀ Joe and Jonathan will be at the PEC hearing today to explain their non-involvement. We'll be਍ഀ requesting that PEC move forward with its hearing on our application given that neither the਍ഀ applicant (Colondo) nor the owner (Staufer) were involved in the illegal construction activity.਍ഀ Evidently, Jonathan picked up a DRB application this morning that he is forwarding to the਍ഀ association president. Given these circumstances, I do not see any reason why Colondo's਍ഀ SDD Amendment application and the Association's DRB application can not proceed਍ഀ independently on parallel tracks with one another.਍ഀ Nicole - please distribute a hard copy of this email to PEC. Attached is an additional letter of਍ഀ support from Karen Jacobson, owner of Digits Nail Salon, to go along with those already਍ഀ included in the PEC packet. As you know, if Colondo's request is approved, Joe Staufer plans਍ഀ to relocate Digits to another location in the same building.਍ഀ Please let me know if you have any questions. Thank you.਍ഀ Tim਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ 970-790-1605 Direct Dial਍ഀ 970-476-7646 Main Line਍ഀ 303-358-0742 Cell਍ഀ Page 1 of 1਍ഀ Nicole Peterson - Colondo Company - PEC 08-0049 (Colorado Company SDD Amendment਍ഀ Application)਍ഀ From: "Devlin, Timothy N."਍ഀ To: "Nicole Peterson"਍ഀ Date: 08/27/2008 5:58 PM਍ഀ Subject: Colondo Company - PEC 08-0049 (Colondo Company SDD Amendment Application)਍ഀ CC: "Matt Mire" , "Stuart Brummett" , "Alfredo Chedraui Obeso" , "Patricia Medina Mendizabal"਍ഀ Hi Nicole,਍ഀ Pursuant to our telephone call this morning, please TABLE the PEC hearing on Colondo Company's SDD਍ഀ Amendment application (PEC #08-0049) from September 8 to September 22, 2008. Thank you਍ഀ Tim਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ (970) 790-1605 Direct Dial਍ഀ (970) 476-7646 Main Line਍ഀ (303) 358-0742 Cell਍ഀ (303) 298-0940 Fax Line਍ഀ tdevlin@shermanhoward. c om਍ഀ This e-mail and any attached documents may contain provisions concerning a federal tax਍ഀ issue or issues. This e-mail and any attached documents are not intended or written to be਍ഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be਍ഀ imposed on any taxpayer by the Internal Revenue Service. For information about this਍ഀ statement, contact Sherman & Howard L.L.C. or visit our website at਍ഀ http://www.sherrnanhoward.com/PrivacyPolicy/Circular230/.਍ഀ 61਍ഀ Nicole Peterson - RE: COLONDO COMPANY SDD APPLICATION - TABLE਍ഀ Page 1 of 2਍ഀ From:਍ഀ Nicole Peterson਍ഀ To:਍ഀ Timothy N. Devlin਍ഀ Date:਍ഀ 09/19/2008 4:16 PM਍ഀ Subject:਍ഀ RE: COLONDO COMPANY SDD APPLICATION - TABLE਍ഀ TC 10/21਍ഀ "Devlin, Timothy N." <tdevlin@shermanhoward.com> 09/19/2008 12:41 PM਍ഀ Thanks Nicole,਍ഀ I'll be in touch with Stuart to coordinate preparation and delivery of this material to you by 9/24.਍ഀ If we get through PEC on 10/13, what is the earliest date we can go to Town Council and DRB?਍ഀ (We currently have until 10/31 to get town approvals under our contract with the Seller.)਍ഀ Tim਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ (970) 790-1605 Direct Dial਍ഀ (970) 476-7646 Main Line਍ഀ (303) 358-0742 Cell਍ഀ (303) 298-0940 Fax Line਍ഀ tdevlin@shermanhoward.com਍ഀ This e-mail and any attached documents may contain provisions concerning a federal tax਍ഀ issue or issues. This e-mail and any attached documents are not intended or written to be਍ഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be਍ഀ imposed on any taxpayer by the Internal Revenue Service. For information about this਍ഀ statement, contact Sherman & Howard L.L.C. or visit our website at਍ഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.਍ഀ From: Nicole Peterson [mailto:NPeterson @vailgov.com]਍ഀ Sent: Friday, September 19, 2008 12:20 PM਍ഀ To: Devlin, Timothy N.਍ഀ Cc: Stuart Brummett; Alfredo Chedraui Obeso; Jonathan Staufer; Robby; Keller-Green, Sharman ; George਍ഀ Ruther; Warren Campbell਍ഀ Subject: Re: COLONDO COMPANY SDD APPLICATION - TABLE਍ഀ Tim,਍ഀ Thank you for your email. I will request that the item be tabled to PEC October 13, 2008 hearing. Please਍ഀ submit the following for'Option 2' by Wednesday, September 24, 2008:਍ഀ • Two (2) copies of the full size plan packet਍ഀ • On sheet A2.1, please identify the exact square footage of 'Catch a Cook' space to be converted to਍ഀ residential਍ഀ • A description of the request with complete square footages of existing and proposed retail, office and਍ഀ residential਍ഀ • A narrative responding to the 9 criteria for a major amendment to an SDD (Outlined in the attached Staff਍ഀ memorandum, Section VII)਍ഀ file://CADocuments and Settin2s\Administrator\Local Settinizs\TemD\XP2rawise\48D3D... 09/22/2008਍ഀ Page 2 of 2਍ഀ . Revised parking calculations਍ഀ . Allowed, existing and proposed GRFA for SDD 6 (I will work with you on this, to review previous਍ഀ ordinances, memos etc., but I'd like to come to consensus on the actual numbers - Thanks in advance for਍ഀ your help!)਍ഀ Thank you for your time and consideration. I look forward to working with you on the new 'Option 2' proposal.਍ഀ Best Regards,਍ഀ Nicole਍ഀ Nicole M. Peterson, AICP਍ഀ Planner II਍ഀ Town of Vail, Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657਍ഀ PH: 970.477.3452਍ഀ FX: 970.479.2452਍ഀ availgov.com਍ഀ ppeterson(a਍ഀ "Devlin, Timothy N." <tdevlin@shermanhoward.com> 09/19/2008 11:52 AM਍ഀ Nicole,਍ഀ In light of the new information and precedents that have come to our attention in the past 24 hours, PLEASE਍ഀ TABLE Colondo Company's SDD Amendment application from September 22 to the next PEC meeting date਍ഀ (October 13, 2008 - confirm date).਍ഀ Also, as we discussed, we would like to formally amend the application by seeking approval of "Option਍ഀ 2" (1,266 SF) instead of "Option 1" (1,483 SF) as originally submitted. In addition to the drawings for Option਍ഀ 2 that you already have, please let me or Stuart know ASAP if there is any additional information that should be਍ഀ submitted for this modified request.਍ഀ Thanks again for all of your assistance (and patience) with this one.਍ഀ Tim਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ (970) 790-1605 Direct Dial਍ഀ (970) 476-7646 Main Line਍ഀ (303) 358-0742 Cell਍ഀ (303) 298-0940 Fax Line਍ഀ tdevlin@shermanhoward.com਍ഀ This e-mail and any attached documents may contain provisions concerning a federal tax਍ഀ issue or issues. This e-mail and any attached documents are not intended or written to be਍ഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be਍ഀ imposed on any taxpayer by the Internal Revenue Service. For information about this਍ഀ statement, contact Sherman & Howard L.L.C. or visit our website at਍ഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.਍ഀ Page 1 of 2਍ഀ Nicole Peterson - RE: FW: Rezoning਍ഀ From: "Devlin, Timothy N."਍ഀ To:਍ഀ Date: 08/19/2008 4:25 PM਍ഀ Subject: RE: FW: Rezoning਍ഀ CC: ,਍ഀ Nicole,਍ഀ Please see below response from Joe Staufer and Robbie Robinson regarding relocation of of Digits and To Catch਍ഀ a Cook (Evidently Tezlas will not be renewing its lease.)਍ഀ Tim਍ഀ From: Josef Staufer [mailto:joestaufer@earthlink.net]਍ഀ Sent: Tue 8/19/2008 4:11 PM਍ഀ To: Devlin, Timothy N.਍ഀ Subject: Re: FW: Rezoning਍ഀ Digits will be relocated in part of the Tezla space. The rest of Tezla space will be part of Catch a Cook. Joe.਍ഀ From: Robby [mailto:robby@robinsonmitchell.com]਍ഀ Sent: Tue 8/19/2008 5:09 PM਍ഀ To: Devlin, Timothy N.਍ഀ Cc: joestaufer@earthlink.net; stuart@bluelinearchitects.com਍ഀ Subject: RE: Rezoning਍ഀ Tim I believe that Joe will try to keep a space for Didgets in the remaining space that is now Tezla's. For me, if there is enough਍ഀ after To Catch A Cook moves into the balance I would stay here but I am very flexible to move if it is what is necessary. Right਍ഀ now I am not sure what each tenant plans other than to remain open for the winter season until construction time in the਍ഀ spring. All must be confirmed by Mr. Staufer, although I am positive he will be fair with Didgets.਍ഀ -----Original Message-----਍ഀ From: "Devlin, Timothy N."਍ഀ Sent: Aug 19, 2008 5:05 PM਍ഀ To: robby@robinsonmitchell.com਍ഀ Cc: joestaufer@earthlink.net, stuart@bluelinearchitects.com਍ഀ Subject: FW: Rezoning਍ഀ Robbie,਍ഀ Please read below from a concerned resident. Remind me please - is Mr. Staufer planning to relocate Digits and਍ഀ Robinson Mitchell within the building? What about the 1/3 of To Catch a Cook - will that space be relocated in part of਍ഀ Tezlas vacated space?਍ഀ Please respond back to me as to the plans for each of the 3 tenants so that I can respond to the town.਍ഀ Thank you.਍ഀ Tim਍ഀ Timothy N. Devlin, Esq.਍ഀ Sherman & Howard L.L.C.਍ഀ 1000 S. Frontage Rd. W., Suite 200਍ഀ Vail, CO 81657਍ഀ (970) 790-1605 Direct Dial਍ഀ (970) 476-7646 Main Line਍ഀ (303) 358-0742 Cell਍ഀ Page 2 of 2਍ഀ (303) 298-0940 Fax Line਍ഀ tdevlin@shermanhoward.com਍ഀ This e-mail and any attached documents may contain provisions concerning a federal tax਍ഀ issue or issues. This e-mail and any attached documents are not intended or written to be਍ഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be਍ഀ imposed on any taxpayer by the Internal Revenue Service. For information about this਍ഀ statement, contact Sherman & Howard L.L.C. or visit our website at਍ഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.਍ഀ From: Nicole Peterson [mailto:NPeterson @vailgov.com]਍ഀ Sent: Tue 8/19/2008 8:32 AM਍ഀ To: Devlin, Timothy N.਍ഀ Subject: Fwd: Rezoning਍ഀ Tim,਍ഀ Please see below, an email from a resident. Thank you,਍ഀ Nicole਍ഀ Nicole M. Peterson, AICP਍ഀ Planner II਍ഀ Town of Vail, Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657਍ഀ PH: 970.477.3452਍ഀ FX: 970.479.2452਍ഀ nneterson@vailgov.com਍ഀ <dten 1 195co@aol.com> 08/18/2008 3:17 PM਍ഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plaza condo. I am਍ഀ urging you to keep Digits in business to fill the needs of locals, and to offer a variety of businesses not just lodging in਍ഀ the Plaza area. Digits gives locals an excuse to come into Vail and see what is happening and that leads to shopping਍ഀ and dining! We need more businesses in Vail Village not more residences.਍ഀ Sincerely, Deborah Tennant 476-8523਍ഀ Sent via BlackBerry by AT&T਍ഀ (08/18/2008) Nicole Peterson - Rezoning Page਍ഀ From: <dten1195co@aol.com>਍ഀ To: <npeterson@vailgov.com>਍ഀ Date: 08/18/2008 3:16 PM਍ഀ Subject: Rezoning਍ഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plaza਍ഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety of਍ഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and see਍ഀ what is happening and that leads to shopping and dining! We need more businesses in Vail Village not਍ഀ more residences.਍ഀ Sincerely, Deborah Tennant 476-8523਍ഀ Sent via BlackBerry by AT&T਍ഀ 1001 E. Meadow Drive. Suite 6਍ഀ Vail Colorado 81657਍ഀ UNLTED STATES OF AMERICA਍ഀ Phone 970 477-2153 Fax 970 477-2 1 55਍ഀ ~binson,਍ഀ Tuesday, September 23, 2008਍ഀ Town of Vail਍ഀ Planning Board਍ഀ Vail Co. 81657਍ഀ Sirs and Madams਍ഀ Mitchell & Associates LLC਍ഀ I have my office in a portion of the property known as Unit 602 Village Inn Plaza਍ഀ Condominium that is currently in the process of converting a portion into residential that is now਍ഀ commercial. I will loose a part or all of the sq. footage of my existing Real Estate office in the਍ഀ conversion.਍ഀ I had agreed from the onset to relinquish the lease interest in my portion for the਍ഀ redevelopment. I am certainly willing to do so and I approve the change if I am able to remain਍ഀ in a down sized portion if that is the approved plan.਍ഀ In my nine year tenure in this area it has never been a traffic area for shopper or other parties਍ഀ and is strictly a destination space for myself and , I believe, Didgits space as well. I am sure the਍ഀ Didgits space located in a portion of what is now Tezla's will be comparable if not better for the਍ഀ tenant.਍ഀ I would be glad to answer any questions you might have.਍ഀ Sincerely,਍ഀ ~y਍ഀ William (Robby) Robinson਍ഀ Robinson Mitchell & Associates਍ഀ Quality Service and Detailed਍ഀ Attention to all our clients needs at਍ഀ all fillies.਍ഀ (10/15/2008) Nicole Peterson - Re: Phase I I I walkway Page 1਍ഀ From:਍ഀ Todd Oppenheimer਍ഀ To:਍ഀ Jonathan Staufer਍ഀ Date:਍ഀ 10/15/2008 8:45 AM਍ഀ Subject:਍ഀ Re: Phase III walkway਍ഀ CC: Nicole Peterson਍ഀ Jonathon,਍ഀ Sorry I didn't respond earlier. We've been burning the midnight oil on the Seibert project. I am familiar਍ഀ with the walkway you are referring to but I do not have any notes or correspondence. I met Joe out on-਍ഀ site one time to look at it. I can provide you with a the grading plan from the streetscape documents਍ഀ which shows the elevations at the bottom of the walkway. You will probably have to have a surveyor਍ഀ give you the rest of the grades and an engineer or landscape architect look at them and demonstrate਍ഀ there is insufficient run to accommodate the rise in accordance with the ADA Guidelines. Peak Land਍ഀ Consultants was the surveyor/engineer for the streetscape project. Their contact information is on the਍ഀ cover sheet. I am leaving on vacation tomorrow so I will leave the information at the PW office front਍ഀ desk for you to pick up.਍ഀ Todd਍ഀ Jonathan Staufer <jstaufer(@earthlink.net> 10/13/2008 4:00 PM਍ഀ Todd -਍ഀ Thanks for the call back. Sorry to have missed you.਍ഀ Unbeknowest to me, the president of the Phase III Condo Assoc. had two retaining walls built and some਍ഀ top soil brought in at the location of the infamous path at the East side of that property. As he's on the਍ഀ board of the Alpine Garden and the Denver Botanical Garden, I would say that he likes trees as much as਍ഀ you and I and was working to save those spruce.਍ഀ We've since removed the top wall and when he or the association's lawyer gets back, will be submitting a਍ഀ DRB app. to do something there.਍ഀ However, in the meantime, Nichole in the planning department has said what the Town would very much਍ഀ like to see is an ADA ramp there.਍ഀ I explained to her that we had investigated this with you during the street scape planning stages and that਍ഀ the engineers had said that a. a disturbance of this magnatude would kill the trees (the only buffer਍ഀ between VIPCA III and Solaris) and that b. to be compliant, the ramp would run half way out into਍ഀ Meadow Drive.਍ഀ I was hoping I might be able to get your notes and correspondence regarding this as we would like to਍ഀ proceed with our DRB application.਍ഀ Thanks again!਍ഀ Best,਍ഀ Jonathan਍ഀ July 29, 2008਍ഀ Dear Town of Vail Council Members,਍ഀ Dedicated to਍ഀ encouraging the਍ഀ growth and expansion਍ഀ of recreation programs਍ഀ and services for people਍ഀ with disabilities਍ഀ axsvail.org`਍ഀ 1202 Crary Horse Circle਍ഀ Edwards, Colorado 81632਍ഀ 970-926-3222 office਍ഀ Sarah Will਍ഀ Executive Director਍ഀ I am writing regarding the path just west of the਍ഀ Solaris project, which accesses the art galleries਍ഀ and shops just above the main street. This path਍ഀ is the only public right of way which accesses਍ഀ the galleries and shops behind the shoe store.਍ഀ Due the tree's roots, the pathway has become਍ഀ difficult for delivery drivers and has become਍ഀ unusable to people with limited mobility.਍ഀ Currently, this path has been blocked off with਍ഀ caution tape for safety reasons? We would like਍ഀ to know what the plan is for finding a timely਍ഀ solution to reinstating this path. If this is private਍ഀ property, we hope that the Town of Vail can do਍ഀ something themselves or encourage the਍ഀ property owner to find a solution to this issue.਍ഀ During the winter, this path is not kept clear਍ഀ which limits the public's art & shopping਍ഀ experience in this area of Vail Village. We਍ഀ would like to see this completed by winter.਍ഀ I assume that once Solaris is built, that a heated path will be਍ഀ available but to wait until the project is done is unreasonable. We਍ഀ hope that the town can take some responsibility regardless of who਍ഀ owns this property.਍ഀ This is a difficult area to access because no signage exists indicating਍ഀ an accessible route that has stairs in every direction. I would be਍ഀ happy to assist in making that happen. Thank you for your time and਍ഀ commitment to our community.਍ഀ Sincerely,਍ഀ Sarah Will਍ഀ Director਍ഀ sarah@axsvail.org਍ഀ 970-390-2096 c਍ഀ ONE਍ഀ TOWN Department of Community Development਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657 October 31, 2008਍ഀ 970-479-2138਍ഀ FAX 970-479-2452਍ഀ www.v,ailgov.com਍ഀ Vail Village Inn Phase III਍ഀ c/o Atty. Ann Bishop਍ഀ P.O. Box 820਍ഀ Vail, CO 81658਍ഀ Re: Process to correct the unapproved removal of an asphalt path / located at 100 East਍ഀ Meadow Drive/Part of Lot O, Block 5D, Vail Village Filing 1਍ഀ Dear Ms. Bishop,਍ഀ This letter is being sent to define the process by which you must proceed to rectify the਍ഀ unapproved removal of the asphalt path located within Vail Village Inn Phase III. As we਍ഀ discussed the process we would like to follow is as contained in Condition 1 of the਍ഀ Ordinance No. 22, Series of 2008, on First Reading which states the following:਍ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal਍ഀ demolition of the walkway on the east side of the subject property, by਍ഀ submitting a Design Review application, prior to the submittal of a Design਍ഀ Review application for the exterior changes associated with this conversion.਍ഀ On Thursday October 30, 2008, 1 provided the Design Review application necessary to਍ഀ complete and submit to get the process started. Furthermore, we discussed the਍ഀ materials necessary to submit with the application. This application, once complete, will਍ഀ go to the soonest Design Review Board meeting to be reviewed by the Board for a final਍ഀ action. The Board will determine the appropriate solution based upon the Code and the਍ഀ Town's comprehensive plan.਍ഀ If you have any questions please feel free to contact me at 970-479-2148.਍ഀ Sincerely,਍ഀ 6 ~ a~~q਍ഀ Warren Campbell਍ഀ Chief of Planning਍ഀ Town of Vail਍ഀ ~olk਍ഀ 4 RECYCLED PAPER਍ഀ (10/21/2008) Nicole Peterson - Path at the Village Inn Page 1਍ഀ J਍ഀ From:਍ഀ Martin Haeberle਍ഀ To:਍ഀ Nicole Peterson਍ഀ Date:਍ഀ 10/20/2008 2:14 PM਍ഀ Subject:਍ഀ Path at the Village Inn਍ഀ Nicole,਍ഀ In that the path is required to be constructed it becomes an addition/ alteration to the site. This will require 20% of the਍ഀ construction project cost to be spent towards accessibility. Reference section 3409.5 and 3409.6 IBC.਍ഀ As part of the required documents an analysis is to be submitted showing how the 20% is to be applied to accessibility.਍ഀ Note: It appears, at this time, that an accessible route does not exist to Meadow Drive from Building #2. The intent of the਍ഀ 20% requirement is to begin at the public way and work towards the building elements that would require accessibility. If਍ഀ the path itself cannot serve this purpose the monies may be spent elsewhere on the site.਍ഀ If I can be of further help please let me know,਍ഀ Martin਍ഀ Martin A. Haeberle, C.B.O.਍ഀ Chief Building Official਍ഀ Town of Vail਍ഀ 75 South Frontage Road਍ഀ Vail, Colorado 81657਍ഀ 970.479.2142 (o)਍ഀ 970.479.2452 (f)਍ഀ 970.376.3672 (c)਍ഀ NOO-15-2004 23:41 Frorr: To:SHERMAN HOWARD਍ഀ Planning and Envuvnmcntal Commission਍ഀ Town of Vail਍ഀ Vail'Colorado 81657਍ഀ September 23, 2008਍ഀ To whim it may concern.਍ഀ Theundersigned supports the conversion of the present backs ace of commercial to be਍ഀ partlof the unit owned by Mr. Chedraui.਍ഀ Thelspace under consideration is not prime commercial and ha no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a much better use for the space.਍ഀ This is in keeping with prior conversions in SDD 6 which alto ed marginal commercial਍ഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenros, Hair Dressing Salon )਍ഀ Your tnily,਍ഀ P. 1'1਍ഀ Planning and Environmental Commission਍ഀ Town of Vail਍ഀ Vail Colorado 81657਍ഀ September 23, 2008਍ഀ To whom it may concern,਍ഀ The undersigned supports the conversion of the present back space of commercial to be਍ഀ part of the unit owned by Mr. Cbedraui.਍ഀ The space under consideration is not prime commercial and has no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a much better use for the space.਍ഀ This is in keeping with prior conversions in SDD 6 which allowed marginal commercial਍ഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )਍ഀ Yours truly,਍ഀ v/2sv~ f1 NrsoNd~~"਍ഀ (-r, l~" V 4 C" e)਍ഀ Planning and Environmental Conunission਍ഀ Town of Vail਍ഀ Vail. Colorado 81657਍ഀ September 23, 2008਍ഀ To whom it may concern,਍ഀ The undersigned supports the conversion of the present back space of commercial to be਍ഀ part of the unit owned by Mr. Chedraui.਍ഀ The space under consideration is not prime commercial and has no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a much better use for the space.਍ഀ This is in keeping with prior conversions in SDD 6 which allowed marginal commercial਍ഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )਍ഀ Yours truly,਍ഀ Planning and Environmental Commission `਍ഀ Town of Vail਍ഀ Vail Colorado 81657਍ഀ September 23, 2008਍ഀ To whom it may concern,਍ഀ The undersigned 'supports the conversion of the present back space of commercial to be਍ഀ part of the unit owned by Mr. Chedraui.਍ഀ The space under consideration is not prime commercial and has no exposure to the਍ഀ public.਍ഀ Being part of a residential unit is a much better use for the space.਍ഀ ,P 6 which allowed marginal commercial਍ഀ This is in keeping with prior conversions in SID਍ഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )਍ഀ Yours truly,਍ഀ -ILIA Q-4਍ഀ Gort K ~ To਍ഀ X;਍ഀ CL਍ഀ r~TN਍ഀ Q਍ഀ v &ft,~ ^ AWr _ Vri 1,਍ഀ U~ Lw " -r-O਍ഀ t4wu OF਍ഀ ~qg-O '਍ഀ r਍ഀ N਍ഀ -.1 : ,V c1a•਍ഀ D਍ഀ project਍ഀ drown਍ഀ cbeckad਍ഀ approve਍ഀ date਍ഀ raised਍ഀ V)਍ഀ C~਍ഀ M਍ഀ W਍ഀ Q਍ഀ (f S z-਍ഀ 'V਍ഀ 1y ,਍ഀ C1~--. ~ ~ tl vs਍ഀ I s ~ Ii Jjl਍ഀ . 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