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PEC080049
Planning and Environmental Commissonഀ ACTION FORMഀ TOW ff vAMഀ CONMNMY MVELON ENTഀ 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 TOഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING RESIDENTIAL UNIT.ഀ Project Name: COMMERCIAL CONVERSION TO RES PEC Number: PECO80049ഀ Project Description:ഀ Participants:ഀ OWNER VAIL VILLAGE INN INC 08/11/2008ഀ 100 E MEADOW DR #31ഀ VAILഀ CO 81657ഀ APPLICANT COLORADO COMPANY 08/11/2008ഀ SHERMAN & HOWARD LLCഀ 1000 S FRONTAGE RD W #200ഀ VAILഀ CO 81657ഀ Project Address: 68 E MEADOW DR VAIL Location:ഀ Legal Description: Lot: Block: 5D Subdivision: VILLAGE INN PLAZAഀ Parcel Number: 2101-082-5403-1ഀ 2101-082-5401-0ഀ Comments: SEE CONDITIONS BELOWഀ Motion By: GORDONഀ Second By: DALYഀ Vote: 4-1-0ഀ Conditions:ഀ Department of Community Developmentഀ 75 South Frontage Road, Vail, Colorado 81657ഀ tel: 970.479.2139 fax: 970.479.2452ഀ web: www.vailgov.comഀ BOARD/STAFF ACTIONഀ Action: APPROVEDഀ Date of Approval: 12/16/2008ഀ Cond: 8ഀ (PLAN): No changes to these plans may be made without the written consent of Town ofഀ Vail staff and/or the appropriate review committee(s).ഀ Cond: CON0010516ഀ 1. The applicant shall provide a recorded deed restriction, acceptable to the Townഀ Attorney, for a minimum of 375 square feet, acceptable to the Zoning Administrator,ഀ prior toഀ the issuance of a building permit.ഀ 2. The applicant shall install an accessibility and delivery lift located nearഀ Osaki's, prior to the issuance of a temporary certificate of occupancy orഀ certificate of occupancy. Theഀ applicant shall submit a development plan that reflects the location, installationഀ specifications and documentation for the maintenance and repair of saidഀ accessibility andഀ delivery lift, for review and approval by the Town Attorney and Zoningഀ Administrator, prior to the issuance of a building permit.ഀ Planner: Nicole Peterson PEC Fee Paid: $6,000.00ഀ 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 recommendsഀ denial. Applicant requests tabling to change proposal.ഀ o October 13, 2008 - PEC RECOMMENDS APPROVAL OF MAJORഀ AMENDMENT TO SDD NO. 6, VAIL VILLAGE INN TO CONVERT 1,237 SFഀ OF COMMERCIAL SPACE TO RESIDENTIAL. A portion of the Robinsonഀ Mitchell office is proposed to remain in the new plans. Staff maintainsഀ recommendation of denial.ഀ o October 21, 2008 - TC APPROVES ORD NO 22, SERIES OF 2008 ON FIRSTഀ READINGഀ o November 4, 2008 - TC TABLES ORD NO 22, SERIES OF 2008 ON SECONDഀ READING (CALLS FOR PUBLIC BENEFIT ANALYSIS)ഀ o November 5, 2008 - DRB REVIEWS CONCEPT EXTERIOR ALTERATIONഀ AND ALLOWS STAFF APPROVAL IF TC APPROVESഀ o December 2, 2008 - TC TABLES ORD NO 22, SERIES OF 2008 ON SECONDഀ READINGഀ o December 16, 2008 - TC APPROVES ORD NO 22, SERIES OF 2008 ONഀ SECOND READINGഀ o December 20, 2008 - ORD NO 22, SERIES OF 2008 PUBLISHED IN THEഀ VAIL DAILYഀ o December 31, 2008 - STAFF APPROVAL OF DRB EXTERIOR ALTERATIONഀ APPLICATIONഀ VAIL TOWN COUNCILഀ EVENING SESSION AGENDAഀ VAIL TOWN COUNCIL CHAMBERSഀ 75 S. Frontage Road W.ഀ Vail, CO 81657ഀ 6:00 P.M., TUESDAY, DECEMBER 16, 2008ഀ NOTE: Times of items are approximate, subject to change, andഀ cannot be relied upon to determine at what time Councilഀ will consider an item.ഀ 1. ITEM/TOPIC: Citizen Input. (10 min.)ഀ 2. Pam Brandmeyer ITEM/TOPIC: Appointments to the Commission on Special Eventsഀ (CSE) and Vail Local Marketing District Advisory Committeeഀ (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 theഀ CSE (terms expire December 31, 2010) at the evening meeting;ഀ andഀ 2) Please interview the Vail Local Marketing Board Advisory Councilഀ (VLMDAC) applicants at the work session and appoint fourഀ applicants to the VLMDAC (terms expire December 31, 2010) atഀ the evening meeting.ഀ BACKGROUND RATIONALE:ഀ CSE: Members of the CSE shall serve at the will of the Townഀ Council. The CSE shall support the Town Council's goals andഀ objectives and makes decisions in alignment with the Townഀ Council's marketing direction. The mission of the CSE is toഀ support street entertainment and special events for vitality, year-ഀ round fun, sense of community and increased quality ofഀ experience for guests and residents. The Functions and/or dutiesഀ of CSE shall include, but are not limited to: hiring and overseeingഀ a director and/or staff, as well as event producers and/orഀ promoters; creating, funding and seeking special events for theഀ Town of Vail; evaluating event applications and event success;ഀ submitting an annual budget for operations and events;ഀ coordinating the community calendar for special events; seekingഀ out additional funding for special events through sponsorships andഀ 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 Townഀ received ( 14 ) applications for the vacancies. Three applicantsഀ are incumbent members of the CSE (noted by asterisks below).ഀ The Council shall interview each applicant at the work session andഀ then appoint three applicants to the CSE at the evening meeting.ഀ The applicants are as follows:ഀ Brooks Bock, M.D.ഀ Dave Chapin*ഀ Kyle Dentonഀ Danielle Gibsonഀ Ron Girottiഀ Ben Hohmanഀ Meggen Kirkham*ഀ Dan McNuttഀ Keith Ozdaഀ Michelle Rampeltഀ Heather Trub*ഀ Mia Vlaarഀ Julie Weihauptഀ James Wilkinsഀ I have enclosed an attendance summary for the CSE for yourഀ review.ഀ VLMDAC: The mission of the VLMDAC is to strengthen the areaഀ economy by attracting visitors to Vail in the May to October timeഀ frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) Allഀ applicants must be "owners of property within the boundaries ofഀ the district," which includes by definition corporations or entitiesഀ which own property "within the boundaries of the district." Shouldഀ an entity be appointed to this advisory council, it would then be upഀ to that entity to appoint its designee. Additionally, owners ofഀ "taxable personal property" will be considered for appointment.ഀ The Town received ( 6 ) applications for the vacancies. Fourഀ applicants are incumbent members of the VLMDAC (noted byഀ asterisks below). The Council needs to interview each applicantഀ at the work session and then appoint four applicants to the Vailഀ Local Marketing District Advisory Council at the evening meeting.ഀ The applicants are as follows:ഀ Sarah Frankeഀ Ben Hohmanഀ Bob Llewellyn*ഀ Beth Slifer*ഀ Pam Stenmark*ഀ Adam Sutner * (Vail Resorts representative reappointment)ഀ I have also enclosed an attendance summary for the VLMDAC forഀ your review.ഀ RECOMMENDATION: Appoint three persons to the CSE and fourഀ 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 withഀ amendments the summer calendar for Ford Park paid parkingഀ dates for 2009.ഀ BACKGROUND RATIONALE: The 2009 Managed Parkingഀ Calendar Schedule for Ford Park is attached. This calendar hasഀ been compiled by the Ford Park User Committee. We areഀ requesting your review and approval of the calendar for paidഀ parking dates at Ford Park for the Summer, 2009 schedule.ഀ There are currently 38 days of paid parking requested as well asഀ one managed parking date. This calendar is subject to change asഀ more events are added to the various schedules of the userഀ groups at Ford Park.ഀ RECOMMENDATION: Approve or approve with amendments, theഀ summer calendar for Ford Park paid parking dates for 2009.ഀ 4. Kelli McDonald ITEMITOPIC: Presentation of Same Store Sales reports in bothഀ Ralf Garrison Vail Village and LionsHead during summer 2008 compared toഀ 2007, as well as a preview of market forces affecting travel duringഀ the 2008/2009 ski season. (20 min.)ഀ ACTION REQUESTED OF COUNCIL: None at this time.ഀ BACKGROUND RATIONALE: Town Council has requested aഀ report detailing same store sales for summer 2008 compared toഀ 2007 in the categories of restaurant, retail and lodging. Ralfഀ Garrison of the Advisor Group has compiled the information andഀ will present at this meeting. He will also give a brief overview ofഀ market forces affecting travel during the 2008/2009 ski season.ഀ STAFF RECOMMENDATION: Hear the presentation, askഀ questions, and give direction for follow up reports.ഀ 5. Judy Camp ITEMITOPIC: Ordinance No. 32, Series of 2008, an emergencyഀ ordinance amending Ordinance No. 20, Series of 2008;ഀ prescribing other details in connection therewith; and declaring anഀ emergency. (10 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ deifications, or deny Ordinance No. 32, Series of 2008.ഀ BACKGROUND RATIONALE: The Town of Vail issuedഀ $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bondsഀ in 1998 to refinance certain bonds outstanding at that time. Theഀ bonds were issued with interest rates ranging from 4.25% to 4.5%ഀ and maturities through 2012. On September 16, 2008, Townഀ Council approved Ordinance No. 20, Series of 2008, authorizingഀ the issuance of Sales Tax Revenue Refunding Bonds, Seriesഀ 2008 for the purpose of refinancing the outstanding 1998A bondsഀ at a lower interest rate with the same maturity. Issuance of theഀ new bonds has been delayed due to market conditions.ഀ Conditions have now improved to the point where it is advisable toഀ issue the bonds. Because of the delay in marketing the bonds,ഀ however, the "redemption date" specified in the original ordinanceഀ has passed and it is necessary to amend Ordinance No. 20ഀ redefining the redemption date. An emergency ordinance isഀ requested so the bonds may be marketed immediately followingഀ Council's approval.ഀ STAFF RECOMMENDATION: Approve Ordinance No. 32,ഀ Series of 2008.ഀ 6. Kathleen Halloran ITEM/TOPIC: Second reading of Ordinance No. 29, Series ofഀ 2008, An Ordinance making supplemental appropriations to theഀ Town of Vail General Fund, Capital Projects Fund, Real Estateഀ Transfer Tax Fund, and Debt Service Fund of the 2008 Budgetഀ for the Town of Vail, Colorado; and authorizing the expenditures ofഀ said appropriations as set forth herein; and setting forth details inഀ regard thereto. (10 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve or approve withഀ amendments the second reading of Ordinance No. 29, Series ofഀ 2008.ഀ BACKGROUND RATIONALE: To be provided in a separateഀ memo.ഀ STAFF RECOMMENDATION: Staff recommends that the Townഀ 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 regardഀ 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 Townഀ Council directed the Community Development Department toഀ prepare amendments to the Vail Town Code to establish anഀ Employee Housing Unit (EHU) deed restriction exchangeഀ program.ഀ On October 28 2008, the Vail Local Housing Authority of the Townഀ of Vail held a public hearing and reviewed and forwarded aഀ recommendation of approval to the Vail Town Council for theഀ proposed text amendments to the Zoning Regulations.ഀ On December 8, 2008, the Planning and Environmentalഀ Commission voted 5-0-0 to forward a recommendation ofഀ approval, pursuant to Section 12-3-7, Amendment, Vail Townഀ Code, for prescribed regulations amendments to Section 12-13,ഀ Employee Housing, Vail Town Code, to provide additionalഀ regulations establishing a deed-restriction exchange program, andഀ setting forth details in regard thereto.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 31, Series of 2008, asഀ recommended by the Vail Local Housing Authority and theഀ 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, Openഀ House Signs, Vail Town Code, to allow for amendments to theഀ open house sign regulations, and setting forth details in regardഀ thereto. (25 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve Ordinance No.ഀ 33, Series of 2008, on first reading.ഀ BACKGROUND RATIONALE: At its November 4, 2008, publicഀ hearing, the Town Council directed Staff to prepare textഀ amendments to update the Town's open house sign regulations.ഀ On December 8, 2008, the Planning and Environmentalഀ Commission voted 4-0-1 (Kurz recused) to forward aഀ recommendation of approval, with modifications, for prescribedഀ regulation amendments, pursuant to Section 11-3-3, Prescribedഀ Regulation Amendment, Vail Town Code, to amend Section 11-7-ഀ 10, Open House Signs, Vail Town Code, to allow for changes toഀ the open house signs regulations, and setting forth details inഀ regard thereto.ഀ VP+ഀ STAFF RECOMMENDATION:ഀ Council approves Ordinanceഀ recommended by the Planningഀ on first reading.ഀ Staff recommends the Townഀ No. 33, Series of 2008, asഀ and Environmental Commission,ഀ 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series ofഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,ഀ Vail Village Inn, amending and re-establishing the approvedഀ development plan for Phase III of Special Development Districtഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office andഀ retail space to residential for an addition to an existing dwellingഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Villageഀ Filing 1, and setting forth details in regard thereto. (30 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 22, Series of 2008, onഀ second reading.ഀ BACKGROUND RATIONALE: On December 2, 2008, Townഀ Council tabled the item to the December 16, 2008 hearing.ഀ On November 4, 2008, Town Council tabled the item to theഀ December 2, 2008, hearing and requested examples of publicഀ benefits in other developments.ഀ On October 21, 2008, Town Council voted 5-2-0 to approve, withഀ conditions, Ordinance No. 22, Series of 2008, on first reading.ഀ On October 13, 2008, the Planning and Environmentalഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) toഀ forward a recommendation of approval to the Town Council for theഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council denies Ordinance No. 22, Series of 2008, on secondഀ reading.ഀ 10. Matt Mire ITEMITOPIC: Second Reading of Ordinance No. 30, Series ofഀ 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of theഀ Vail Town Code by the Addition of the Definition of the Wordഀ "Publication"; and Setting Forth Details in Regard Thereto. (15ഀ min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 30, Series of 2008, uponഀ second reading.ഀ BACKGROUND RATIONALE: The 2009 budget was passedഀ second reading on November 18, 2008. The 2009 budgetഀ eliminates funding for publication in the local papers. Section 4.10ഀ of the Town Charter requires publication of ordinances upon theirഀ introduction and adoption. The Charter does not define what isഀ required by "publication". In 2007, the Town spent $19,693 forഀ publication of its ordinances in the Vail Daily, requiring the Townഀ Clerk to increase the office advertising budget during the thirdഀ supplemental appropriation by an additional $12,000. The Townഀ Clerk has currently spent $19,492 of her 2008 budget onഀ publications of ordinances.ഀ STAFF RECOMMENDATION: Approve, approve withഀ modifications, or deny Ordinance No. 30, Series of 2008, uponഀ 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 Economicഀ Advisory Council and Town of Vail, represented by Kelliഀ McDonald, Economic Development Manager are requesting finalഀ review of Resolution No. 27, Series of 2008, for the adoption ofഀ the Vail Economic Development Strategic Plan. Please seeഀ attached Resolution No. 27, Series of 2008.ഀ BACKGROUND RATIONALE: The vision and goals of the Vailഀ Economic Development Strategic Plan were gathered from theഀ Vail 20/20 comprehensive plan document and adopted by Townഀ Council November 6, 2007. In order to facilitate theഀ implementation of the adopted vision and goals, the Town Councilഀ requested a Vail Economic Development Strategic Plan. Vailഀ Town Council approved the vision, mission and goals of theഀ strategic plan on July 15, 2008. The creation of the plan has beenഀ spearheaded by the Economic Development Department and theഀ Vail Economic Advisory Council, with the assistance of the majorഀ contributors listed in the plan. The process to complete theഀ Economic Development Strategic Plan involved the following:ഀ - An inventory of Vail economic, financial, marketing, andഀ closely related studies, reports and plans.ഀ - A SWOT (Strengths, Weaknesses, Opportunities, Threats)ഀ Analysis conducted by the Vail Economic Advisoryഀ Council.ഀ - Research and gathering of similar community economicഀ development studies, plans and tools. (Special thank youഀ to the communities of Breckenridge, Park City andഀ 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 byഀ the community and Council, combined with the inventory,ഀ research and analysis, to create a realistic and achievableഀ Economic Development Strategic Plan for the Town ofഀ Vail.ഀ Vision, mission and goals approved by Vail Town Councilഀ July 15, 2008ഀ - Adopted by Vail Economic Advisory Council November 11,ഀ 2008ഀ Presented to Commission on Special Events Novemberഀ 18, 2008ഀ Presented to Vail Local Marketing District Advisory Councilഀ November 20, 2008ഀ - Presented to Planning and Environmental Commissionഀ November 24, 2008ഀ - Presented to Town of Vail Directors Staff December 4,ഀ 2008ഀ STAFF RECOMMENDATION: The Economic Developmentഀ Department recommends that the Vail Town Council approvesഀ Resolution No. 27, Series of 2008, for the adoption of the Vailഀ 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 SESSIONഀ WILL BEGIN AT TBD, TUESDAY, JANUARY 6, 2009 IN THE VAIL TOWN COUNCILഀ CHAMBERS.ഀ MEDIA ADVISORYഀ December 16, 2008ഀ Contact: Corey Swisher, 479-2106ഀ Town Manager's Officeഀ VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 16, 2008ഀ Work Session Briefsഀ Council members present: Foley, Newbury, Daly, Cleveland, Hitt, Gordon, Rogersഀ --Interviews for the Commission on Special Events (CSE) and Vail Local Marketingഀ District Advisory Committee boardsഀ Please see Evening Session Briefs.ഀ --Planning & Environmental Commission (PEC)/Design Review Board (DRB) Updateഀ During a review of the most recent meetings of the PEC and DRB, Chief of Planningഀ Warren Campbell answered questions regarding the latest proposals to go before theഀ two boards. Council briefly discussed a request for a final recommendation to the Vailഀ Town Council of proposed amendments to the Vail Village Master Plan. Hitt spoke inഀ 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 validateഀ the financial/cost assumptions for the construction of the employee housing componentഀ of the Chamonix Master Plan.ഀ Community Development Director George Ruther reported that on July 17, 2008, theഀ 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 preferredഀ option that best meets the planning goals and design parameters approved by Council.ഀ As well, the committee reviewed information regarding preliminary cost estimates andഀ preliminary grading and engineering plans for each site plan option. Also, the committeeഀ voted to forward a recommendation to Council to pursue Leadership in Energy andഀ Environmental Design (LEED) certification and to investigate the use of "Off-site Factoryഀ Built" (modular) construction for the project. On August 5, 2008, Council voted to moveഀ forward with the master plan option labeled "Neighborhood Block." This option providesഀ 58 two and three-bedroom dwelling units in town home and condominium configurations.ഀ In rejecting a higher density proposal Council expressed concerns about the additionalഀ expenses related to constructing and maintaining a large parking garage. The thirdഀ option was rejected because it did not provide enough density. With the decision toഀ move forward with the "Neighborhood Block" option there was concern expressed byഀ multiple Council Members regarding the costs of the proposed housing units andഀ ensuring they would be affordable to those seeking an opportunity to live there.ഀ Neighborhood representative and former Vail Mayor Bob Armour also encouragedഀ obtaining more accurate pricing estimates. Based on the concern of the committee andഀ Council, staff was directed to validate the financial/cost assumptions prior to finalഀ adoption of the Chamonix Master Plan. Council then discussed the current municipalഀ and consumer financing environment along with various subsidies used to fundഀ comparable affordable housing developements. Daly encouraged significant scientificഀ research being used to determine the most suitable product on the site. Economic andഀ Planning Systems representative Andy Knudtsen said, "We want to make sure whateverഀ gets built gets bought." Knudtsen emphasized a belief that construction costs wouldഀ continue to drop through 2009. Daly commented, "We need to determine how much ofഀ an appetite do we have for subsidizing this project." Council agreed to direct the Townഀ Manager to continue researching the projects dynamics. For more information, contactഀ George Ruther at 479-2145.ഀ --Discussion of the First reading of Ordinance No. 31, Series of 2008, for prescribedഀ regulations amendments to Section 12-13, Employee Housing, Vail Town Code, toഀ establish a deed-restriction exchange programഀ Please see Evening Session Briefs.ഀ --Discussion of the First reading of Ordinance No. 33, Series of 2008, for prescribedഀ regulations amendments to Section 11-10-7, Open House Signs, Vail Town Code, toഀ allow for amendments to the open house sign regulationsഀ 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 newspaperഀ box lottery successfully took place on December 5.ഀ Ruther announced the town had recently received a grant form the Northwest Coloradoഀ Council of Government to pursue a "throw as you go" program.ഀ --Matters from Mayor & Councilഀ Daly questioned the potential value of beginning full bus service around theഀ Thanksgiving time-frame. Council agreed to have staff investigate the potential costs ofഀ such an action. He then questioned the availability of parking in the Middle Creekഀ affordable housing complex. Daly encouraged making any available parking spacesഀ available first to Vail Village merchants.ഀ Hitt said he believed the annual Town Holiday Party was immensely successful. Heഀ then questioned the town's parking requirements for hotels. Hitt then expressedഀ concern that the recreation path behind Cascade Village was not maintained during theഀ winter. Council agreed to hear a presentation in regard to the maintenance issuesഀ involved with clearing the path (of snow) in the winter.ഀ Newbury expressed concern about the safety aspect of allowing people to park on theഀ 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 wereഀ very popular with guests. She then said she would like to make the Timber Ridgeഀ 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 theഀ 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 forഀ the Gore Creek town home development. He then congratulated the Financeഀ Department on hosting a successful town holiday party. Foley questioned the Policeഀ Department targeting persons who appeared to be intoxicated prior to them boardingഀ town buses. Newbury encouraged staff to make parking passes more readily availableഀ to those who are too inebriated to leave the parking structure in their automobiles.ഀ Gordon complemented the Community Development Department for producing anഀ informative article that was published in the Vail Daily. He then expressed concern overഀ DEVO drop-off. Gordon also asked if the Seibert Circle fountain's fire element wasഀ functional. He reported the Wendy's parking lot was being utilized.ഀ Cleveland expressed concern the town was helping to alleviate Vail Resort's problemsഀ without any effort from the ski company (i.e., skier drop-off). He then said it was time toഀ perform evaluations for Council's direct reports (Town Manager, Town Attorney,ഀ Municipal Judge). Council agreed to hear a presentation on the idea of participating withഀ the Eagle-Vail Metropolitan District in the redevelopment of an aquatic facility.ഀ ---Adjournmentഀ Foley moved to adjourn at approximately 5:00 p.m. with Hitt seconding. The motionഀ passed unanimously, 7-0.ഀ EVENING SESSION BRIEFSഀ Newbury was absent.ഀ --Citizen Input.ഀ There was none.ഀ --Appointments to the Commission on Special Events (CSE) and Vail Local Marketingഀ District Advisory Committee (VLMDAC) boardsഀ CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shallഀ support the Town Council's goals and objectives and makes decisions in alignment withഀ the Town Council's marketing direction. The mission of the CSE is to support streetഀ entertainment and special events for vitality, year-round fun, sense of community andഀ increased quality of experience for guests and residents. The functions and/or duties ofഀ CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, asഀ well as event producers and/or promoters; creating, funding and seeking special eventsഀ for the Town of Vail; evaluating event applications and event success; submitting anഀ annual budget for operations and events; coordinating the community calendar forഀ special events; seeking out additional funding for special events through sponsorshipsഀ and donations; evaluating and executing contracts for special events; and all otherഀ functions as directed by the Town Council. There were three vacancies on the CSE.ഀ The town received thirteen applications for the vacancies. Three applicants wereഀ incumbent members of the CSE (noted by asterisks below). The Council interviewedഀ each applicant at the work session.ഀ The applicants are as follows:ഀ Brooks Bock, M.D.ഀ Dave Chapin*ഀ Kyle Dentonഀ Danielle Gibsonഀ Ron Girottiഀ Ben Hohmanഀ Meggen Kirkham*ഀ Dan McNuttഀ Keith Ozdaഀ Michelle Rampeltഀ Heather Trub*ഀ Mia Vlaarഀ Julie Weihauptഀ James Wilkinsഀ Foley moved to appoint Chapin, Kirkham and Trub to the CSE with Daly seconding. Theഀ motion passed unanimously, 6-0.ഀ VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attractingഀ visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powersഀ of district. (1)(g) All applicants must be "owners of property within the boundaries of theഀ district," which includes by definition corporations or entities which own property "withinഀ the boundaries of the district." Should an entity be appointed to this advisory council, itഀ would then be up to that entity to appoint its designee. Additionally, owners of "taxableഀ personal property" will be considered for appointment. The Town received sixഀ applications for the vacancies. Four of the applicants were incumbent members of theഀ VLMDAC (noted by asterisks below). The Council interviewed each applicant at theഀ work session.ഀ The applicants were as follows:ഀ Sarah Frankeഀ Ben Hohmanഀ 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 Rogersഀ seconding. The motion passed unanimously, 6-0. After re-voting Foley moved toഀ approve the appointment of Llewellyn, Slifer, Sutner and Vlaar to the VLMDAC withഀ Rogers seconding. The motion passed unanimously, 6-0. For details, contact Loreleiഀ 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 townഀ projects. "It's my speculation this (program proposal) is going to change and change aഀ lot." Cleveland said, "This list is not an application for anything... This process could startഀ all over again with parameters and guidelines." Zemler said he would assemble aഀ rational list and submit it. Lamont encouraged Council to position themselves to haveഀ 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 Parkingഀ 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 parkingഀ date. This calendar is subject to change as more events are added to the variousഀ schedules of the user groups at Ford Park. Council agreed it was no longer necessary toഀ 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 duringഀ summer 2008 compared to 2007, as well as a preview of market forces affecting travelഀ during the 2008/2009 ski seasonഀ Council requested a report detailing same store sales for summer 2008 compared toഀ 2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisorഀ Group compiled the information and presented it to Council while highlighting theഀ 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 anഀ emergencyഀ Budget and Financial Reporting Manager Kathleen Halloran reported the town issuedഀ $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinanceഀ certain bonds outstanding at that time. The bonds were issued with interest ratesഀ 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 Salesഀ Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing theഀ outstanding 1998A bonds at a lower interest rate with the same maturity. "Issuance ofഀ the new bonds has been delayed due to market conditions... Conditions are presently atഀ a point where it is advisable to issue the bonds. Because of the delay in marketing theഀ bonds, however, the "redemption date" specified in the original ordinance has passedഀ and it is necessary to amend Ordinance No. 20 redefining the redemption date." Anഀ emergency ordinance was requested so the bonds could be marketed immediately.ഀ Rogers moved to approve the ordinance with Gordon seconding. Halloran noted, "Ratesഀ are six to eight basis points from our targeted savings ($188,000)." Cleveland and Dalyഀ asked if the town could save more money by paying the bonds off immediately. Councilഀ agreed to direct staff to examine the benefits of paying the bonds off. Rogers stated, "Iഀ don't feel like I have enough information to make a good decision." The motion passedഀ unanimously, 6-0. For details, contact Judy Camp at 479-2119.ഀ --Second reading of Ordinance No. 29, Series of 2008, An Ordinance makingഀ 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 Townഀ of Vail, Colorado; and authorizing the expenditures of said appropriations as set forthഀ hereinഀ Gordon moved to pass the ordinance with Rogers seconding. The motion passedഀ unanimously, 6-0. For details, contact Kathleen Halloran at 479-2116.ഀ --First reading of Ordinance No. 31, Series of 2008, for prescribed regulationsഀ amendments to Section 12-13, Employee Housing, Vail Town Code, to establish a deed-ഀ restriction exchange programഀ Housing Coordinator Nina Timm stated that on June 3, 2008, Council directed theഀ Community Development Department to prepare amendments to the Vail Town Code toഀ establish an Employee Housing Unit (EHU) deed restriction exchange program. Onഀ October 28 2008, the Vail Local Housing Authority (VLHA) held a public hearing andഀ reviewed and forwarded a recommendation of approval to Council for the proposed textഀ amendments to the Zoning Regulations. On December 8, 2008, the PEC voted 5-0-0 toഀ forward a recommendation of approval, pursuant to Section 12-3-7, Amendment, Vailഀ Town Code, for prescribed regulations amendments to Section 12-13, Employeeഀ Housing, Vail Town Code, to provide additional regulations establishing a deed-ഀ restriction exchange program. Rogers and Daly questioned the actual incentive value ofഀ the ordinance and questioned the role of town financing. Mire clarified, "You could startഀ a new program if you warranted it necessary after you started this program." Rogersഀ clarified, "With this ordinance we are selling square footage back to the owners of theseഀ properties." During a pause for public comment, VLHA member Steve Lindstromഀ commented, "We are looking to further the goal of providing more housing in town, andഀ we feel like this is a step along the way... We can modify it...We are just recommendingഀ this as a first step, this is a living document that can be changed." Rogers moved toഀ approve the ordinance (with conditions no dollars would go to property owners) withഀ Foley seconding. The motion passed unanimously, 6-0. Cleveland said the purpose ofഀ the ordinance was to try to create immediate housing. For more information, contactഀ Nina Timm at 479-2144.ഀ --First reading of Ordinance No. 33, Series of 2008, for prescribed regulationsഀ amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow forഀ amendments to the open house sign regulationsഀ At its November 4, 2008, public hearing, Council directed staff to prepare textഀ 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, withഀ modifications, for prescribed regulation amendments, pursuant to Section 11-3-3,ഀ Prescribed Regulation Amendment, Vail Town Code, to amend Section 11-7-10, Openഀ 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 theഀ Frontage Roads and 1-70 as they were under the purview of the state and federalഀ 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 factഀ advertising an open house event and not creating a defacto `for sale' sign." Daly movedഀ to approve the ordinance with Hitt seconding. During a pause for public comment Vailഀ Board of Realtors representative Matt Fitzgerald spoke in support of the ordinance. Vailഀ Homeowner's Association representative Jim Lamont said too many signs may createഀ an image that the community is losing its value. The motion passed 5-1 with Clevelandഀ opposed. Cleveland commented, "I think this is a solution looking for a problem." Forഀ more information, contact Bill Gibson at 479-2173.ഀ Rogers left the meeting.ഀ --Second reading of Ordinance No. 22, Series of 2008, repealing and re-enactingഀ Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing theഀ 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 theഀ conversion of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1ഀ Planner Nicole Peterson announced that on December 2, 2008, Council tabled the itemഀ to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the itemഀ to the December 2, 2008, hearing and requested examples of public benefits in otherഀ 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 votedഀ 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval toഀ Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Theഀ applicant's legal representative Tim Devlin said his clients had proposed to provide 375ഀ square feet of employee housing as opposed to the required124. A lift to provide accessഀ for the disabled and vendors was also included in the proposal. Gordon moved toഀ approve the ordinance with Daly seconding. Gordon commented, "I now feel there isഀ significant public benefit to this project." The motion passed, 4-1 with Clevelandഀ opposed. Cleveland commented he did not feel like the proposal was consistent withഀ 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 Wordഀ "Publication"ഀ Town Attorney Matt Mire reported the 2009 budget passed on second reading onഀ November 18, 2008. This 2009 budget eliminated funding for publication in the localഀ papers. Section 4.10 of the Town Charter requires publication of ordinances upon theirഀ introduction and adoption. The Town Charter does not define what is required byഀ "publication." In 2007, the Town spent $19,693 for publication of its ordinances in theഀ Vail Daily, requiring the Town Clerk to increase the office advertising budget during theഀ third supplemental appropriation by an additional $12,000. The Town Clerk hasഀ 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 agendasഀ should be published in the newspaper. He then moved to approve the ordinance withഀ Gordon seconding. Hitt and Foley said they thought the ordinance was premature. Theഀ motion failed 3-2, with Hitt and Foley opposed. (Four votes, or a majority of the fullഀ 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. Theഀ 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 Strategicഀ Plan.ഀ The Vail Economic Advisory Council (VEAC)and Town of Vail, represented by Town ofഀ Vail Economic Development Manager Kelli McDonald requested Council perform a finalഀ review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economicഀ Development Strategic Plan. In order to facilitate the implementation of the adoptedഀ 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 Developmentഀ Department and the Vail Economic Advisory Council, with the assistance of the majorഀ contributors listed in the plan. The process to complete the Economic Developmentഀ Strategic Plan involved the following:ഀ • An inventory of Vail economic, financial, marketing, and closely related studies, reportsഀ and plans.ഀ • A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by theഀ Vail Economic Advisory Council.ഀ • Research and gathering of similar community economic development studies, plansഀ and tools. (Special thank you to the communities of Breckenridge, Park City andഀ Steamboat Springs).ഀ • A thorough analysis of the inventory to determine the long-term implications of suchഀ 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 andഀ 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 Vailഀ competitive in the global market. During a pause for public comment, Kaye Ferryഀ reminded Council that a recent Northwest Colorado Council of Governments studyഀ showed second homeowners were the largest economic drivers in resort communities.ഀ Daly moved to approve the resolution with Gordon seconding. McDonald reportedഀ Council would receive their first "economic indicator" report before the end of the firstഀ quarter in 2009. The motion passed unanimously, 5-0. For details, contact Kelliഀ McDonald at 479-2454.ഀ --Adjournment.ഀ Foley moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motionഀ passed unanimously, 5-0.ഀ UPCOMING DISCUSSION TOPICSഀ 01-06-09 Work Session, Start time TBDഀ --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 TBDഀ --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 Wordഀ "Publication"; and Setting Forth Details in Regard Thereto.ഀ --Second reading of Ordinance No. 31, Series of 2008, for prescribed regulationsഀ 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 regulationsഀ amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow forഀ amendments to the open house sign regulations, and setting forth details in regardഀ 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.ഀ MEMORANDUMഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: December 16, 2008ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Villageഀ Inn, amending the approved development plan for Phase III of SDD No.ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Townഀ Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto. (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard,ഀ LLCഀ Planner: Nicole Petersonഀ 1. DESCRIPTION OF THE REQUESTഀ This SDD major amendment ordinance request includes the conversion ofഀ existing office and retail space to residential for an approximate 1,237 grossഀ residential square foot addition to existing residential unit #110. The proposedഀ addition is immediately below the existing unit #110 and includes a new exteriorഀ entrance off the pedestrian plaza on the north side of the building, mudroom,ഀ staircase, media room, two bedrooms and three bathrooms. The proposal alsoഀ includes the interior reconfiguration of the existing unit #110 level 105.0' andഀ minor exterior alterations. The proposal does not include any additions outsideഀ the exterior walls of the existing building. The addition area is currently occupiedഀ 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 changedഀ the proposal to include a 964 square foot, deed restricted employee housing unitഀ (EHU) on Bellflower Drive. The applicant is required to provide the equivalent ofഀ 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 squareഀ foot unit, or 375 square feet of the EHU (3x the required square footage), as partഀ of this proposal, which is 251.3 square feet more than the requirement. Theഀ remaining 589 square feet (964 square foot unit - 375 square feet in thisഀ proposal = 589 square feet remaining) of the EHU shall be credited in theഀ applicant's mitigation bank, under Section 12-24-7 Mitigation Bank, Vail Townഀ Code.ഀ 1ഀ II. BACKGROUNDഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,ഀ recommended that the Council approves the request with conditionsഀ The Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierceഀ recused) to forward the recommendation of approval. The two votesഀ recommending approval are summarized below from the meeting minutes ofഀ October 13, 2008:ഀ Commissioner Tjossem, believes that this area is not vibrant andഀ there is a precedence for conversion set. She believes theഀ conversion is appropriate.ഀ Commissioner Kjesbo stated that he agreed with Commissionerഀ Kurz, that it is difficult to predict the Solaris tunnel effect on theഀ amount of pedestrian traffic in the plaza. He also stated that hisഀ vote of support, if a motion where made to forward aഀ recommendation of approval, would be based on the opinion thatഀ the `To Catch a Cook' retail space is a second story retail area,ഀ and thus is comparable to the previous approvals of 2nd and 3rdഀ story commercial conversions to residential.ഀ The one vote (in opposition to the motion) recommending denial is summarizedഀ below from the meeting minutes of October 13, 2008:ഀ Commissioner Kurz, stated that he has not served on previousഀ Commissions and therefore, cannot comment on how theഀ precedence of retail to residential in this area came to be. Heഀ added that he could not predict the amount of pedestrian traffic inഀ the future, as a result of the Solaris tunnel. He stated concern thatഀ this is a permanent change and does not believe the applicationഀ adheres to the Vail Village Master Plan.ഀ The Town Council, at the October 21, 2008 Council meeting, approvedഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions.ഀ Updates regarding the following conditions are stated after each conditionഀ in bold italics:ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegalഀ demolition of the walkway on the east side of the subject property, byഀ submitting a Design Review application, prior to the submittal of a Designഀ Review application for the exterior changes associated with thisഀ conversion. The Design Review Board at their November 19, 2008ഀ meeting approved the demolition of the walkway on the east side ofഀ the subject property, rendering this condition unnecessary.ഀ 2. The applicant shall comply with all Building Code requirements forഀ ingress, egress, and accessibility for Vail Village Inn Phase III which mayഀ include improvements to the public walkway, along the east side of theഀ subject property, from the pedestrian plaza to Meadow drive. Complianceഀ shall be demonstrated in conjunction with Building Permit submittal. Theഀ Building Official, in his October 20, 2008 email to Staff states, inഀ 2ഀ summary, that any addition/ alteration to the site will require 20% ofഀ the construction project cost to be spent towards accessibilityഀ (Section 3409.5 and 3409.6 IBC) because the subject building #2 isഀ not handicap accessible. The monies collected thru thisഀ requirement may be spent anywhere on site, that increasesഀ accessibility to building #2 (not necessarily for the public walkwayഀ along the east side of the subject property). The email renders thisഀ condition unnecessary.ഀ 3. The applicant shall install or cause to be installed, a new loading andഀ delivery connection on the west end of the existing underground parkingഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza'sഀ existing loading and delivery garage door at the east end of theഀ underground parking garage, accessed off the South Frontage Road,ഀ prior to the issuance of a building permit. The applicant has submittedഀ a building permit application (608-0398) to construct a new garageഀ door connection at the location specified in the above condition.ഀ The permit application is in review, awaiting further information fromഀ 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 ofഀ $37,314.11, prior to the issuance of a building permit. The applicant hasഀ stated, at previous meetings, that they are willing to pay the fee-in-ഀ lieu for the Inclusionary Zoning requirement. It was suggested, atഀ the December 2, 2008 Town Council hearing that the applicant shallഀ increase the amount from the required 10% of net new residentialഀ (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 theഀ proposal, prior to submitting a building permit application.ഀ 6. The applicant shall facilitate the dedication and recording of a publicഀ easement over the existing pocket park located directly north of theഀ proposed front door of Unit #110 in a form acceptable to the Townഀ Attorney. A copy of the recorded easement shall be submitted in prior toഀ release of the Building Permit. At the November 4, 2008 meeting,ഀ Town Attorney, Matt Mire, stated that this condition is notഀ 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 theഀ 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 theഀ existing pocket park, was not enforceable by law. This conclusion was a majorഀ concern for the Council, and therefore they requested an analysis of otherഀ 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 theഀ public benefits associated with the proposal.ഀ At the December 2, 2008 Town Council meeting, Staff provided a report of recentഀ 3ഀ development public benefits and minutes of the November 4, 2008 Town Councilഀ meeting for the Council's review. Staff also gave a presentation explaining theഀ applicant's proposed loading and delivery improvements, including aഀ delivery/wheelchair lift and garage door connection on the west end of theഀ existing underground parking garage, which were proposed as public benefits.ഀ The Community Development Department recommends that the Town Councilഀ deny the request based on the review criteria and findings found in Section VII ofഀ Staff's October 13, 2008 memorandum to the Planning and Environmentalഀ Commission.ഀ III. PUBLIC BENEFIT ANALYSISഀ Does the proposed public benefit of providing an accessibility andഀ delivery lift that strengthens the connectivity and pedestrianizationഀ of SDD No. 6, Vail Village Inn and additional EHU area (251.3 squareഀ feet over the requirement) outweigh the adverse effects ofഀ converting 1,237 square feet of commercial space to residential?ഀ According to 12-9A-9 Special Development (SDD) District, Developmentഀ Standards, Vail Town Code, the public benefit of a project shall outweigh theഀ adverse effects of the deviation, as stated below:ഀ 12-9A-9: Special Development District, Development Standardsഀ Development standards including lot area, site dimensions,ഀ setbacks, height, density control, site coverage, landscaping andഀ parking shall be determined by the town council as part of theഀ approved development plan with consideration of theഀ recommendations of the planning and environmental commission.ഀ Before the town council approves development standards thatഀ deviate from the underlying zone district, it should be determinedഀ that such deviation provides benefits to the town that outweigh theഀ adverse effects of such deviation. This determination is to beഀ made based on evaluation of the proposed special developmentഀ 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 theഀ deviation from the approved SDD No. 6, Vail Village Inn development plan. Staffഀ believes the adverse effect of the proposal is the loss of commercial space onഀ the pedestrian plaza.ഀ For comparison purposes, Staff has created a table, below, that includes theഀ previous two conversions within SDD No. 6, Vail Village Inn. The table comparesഀ each of the project's conversion area, linear feet on a pedestrian plaza, deviationഀ request, adverse effects and public benefits with estimated dollar amounts.ഀ 4ഀ ;Projectഀ Convertedഀ Iഀ Linearഀ Deviation (ഀ Adverse 4ഀ Publicഀ Benefitഀ Commercial `ഀ Feet onഀ Requestedഀ Effectsഀ Squareഀ Jഀ Pedestriഀ Footageഀ Plazaഀ anഀ Ordinanceഀ 2,132 (700ഀ ഀ .ഀ 70 feetഀ Additionalഀ Loss ofഀ None ($0)ഀ 32; Seriesഀ sf onഀ GRFAഀ commercialഀ of 2003ഀ pedestrianഀ space on aഀ Conversion,ഀ level)ഀ pedestrianഀ AI enrose)ഀ plazaഀ Ordinanceഀ 1,158 (107ഀ 18 feetഀ Additionalഀ Loss ofഀ -245 sf of heated paverഀ No. 6;ഀ sf onഀ GRFAഀ commercialഀ streetscape on Meadowഀ Series ofഀ pedestrianഀ space on aഀ Drive (245 sf x $110ഀ 2005ഀ level)ഀ pedestrianഀ per sf = $26,950)ഀ Conversionഀ plazaഀ (Phoenixഀ Rising)ഀ Proposedഀ 1,237 (All onഀ 12 feetഀ Additionalഀ Loss ofഀ Accessibility andഀ ,Ordinanceഀ pedestrianഀ GRFAഀ commercialഀ delivery liftഀ No. 22,ഀ level)ഀ space on aഀ (--$41,200) &ഀ Series ofഀ pedestrianഀ Additional EHU area =ഀ -24013ഀ iഀ plazaഀ 251.3 sf overഀ requirement (251.3 xഀ $301.65 per sfഀ $75,804.64)ഀ Total = $117,004.64ഀ Staff believes that if the Council chose to approve the request, then the publicഀ benefit should outweigh the adverse effect of losing commercial space on theഀ pedestrian plaza and that the public benefits should further the goals andഀ objectives of the Vail Village Master Plan, stated below. The proposedഀ accessibility and delivery lift could be considered a public benefit that furthers theഀ goals and objectives of the Vail Village Master Plan, stated below:ഀ Vail Village Master Planഀ 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 isഀ distinguished from the Village core by the larger scale buildings and by theഀ limited auto traffic along East Meadow Drive. Comprised of five majorഀ development projects, this sub-area is characterized by a mixture ofഀ residential/lodging and commercial activity.ഀ It is also a long term goal to strengthen the connection between this area and theഀ Village core area by reinforcing the established pedestrian linkages.ഀ Pedestrianization in this area may; benefit from the development of retail infillഀ with associated pedestrian improvements along East Meadow Drive and theഀ development of public access to Gore Creek.ഀ Mixed Use Sub-Area #1-1 Vail Village Innഀ Final phase of Vail Village Inn project to be completed as established byഀ development plan for SDD #6. Commercial development at ground, level toഀ frame interior plaza with greenspace. Mass of buildings shall "step up" fromഀ existing pedestrian scale along Meadow Drive to 4-5 stories along the Frontageഀ Road.ഀ 5ഀ Parking and Circulation Planഀ The pedestrian plaza that fronts the subject commercial area, is highlighted asഀ part of the Village pedestrian network, illustrated in the Vail Village Master Plan -ഀ 'Parking and Circulation Plan' (below). The proposed accessibility and deliveryഀ lift addresses pedestrianization and connectivity within SDD No. 6, Vail Villageഀ Inn.ഀ The above Parking and Circulation Plan illustrates the 'Village pedestrianഀ network' as designated in the Vail Village Master Plan. The circle is the area ofഀ the proposed conversion from commercial to residential. The shaded lineഀ running east/west thru the circle is a designated 'walking path.' The Vail Villageഀ Master Plan states the following, regarding the Parking and Circulation Plan:ഀ Aesthetic, as well as functional considerations are important to the Village'sഀ circulation system. A long standing goal for the Village has been to improve theഀ pedestrian experience through the development of a continuous network of pathsഀ and walkways. As a result, the irregular street pattern in the Village has beenഀ enhanced with, numerous pedestrian connections linking "plazas withഀ greenspace" and other forms of open space. Located in and along this networkഀ are most of the Village's retail and entertainment activities. While the majority ofഀ the circulation system within the Village is in place, a number of majorഀ improvements are proposed to reinforce and increase existing pedestrianഀ connections, facilitate access to public land along stream tracts, and furtherഀ reduce vehicular activity in the core area.ഀ 6ഀ IV. ACTION REQUESTED OF COUNCILഀ Should the Council choose to approve this amendment to Special Developmentഀ District No. 6, the Council may make the following motion:ഀ "The Town Council approves, with conditions, the second reading ofഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinanceഀ No. 6, Series of 2005, Vail Village Inn, amending the approvedഀ development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A-ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversionഀ of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vailഀ Village Filing 1, and setting forth details in regard thereto."ഀ Should the Council choose to approve this amendment, the Council may makeഀ the following conditions:ഀ 1. The applicant shall provide a recorded deed restriction,ഀ acceptable to the Town Attorney, for an employee housing unit onഀ Bellflower Drive that is a minimum of 964 square feet, acceptableഀ to the Zoning Administrator, prior to the issuance of a buildingഀ permit.ഀ 2. The applicant shall install an accessibility and delivery lift locatedഀ near Osaki's, prior to the issuance of a temporary certificate ofഀ occupancy or certificate of occupancy. The applicant shall submitഀ a development plan that reflects the location, installationഀ specifications and documentation for the maintenance and repairഀ of said accessibility and delivery lift, for review and approval byഀ the Town Attorney and Zoning Administrator, prior to the issuanceഀ of a building permit.ഀ Should the Council choose to approve this amendment, the Council may makeഀ the following findings:ഀ 1. That the amendment is consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is compatible with the developmentഀ objectives of the Town; andഀ 2. That the amendment furthers the general and specific purposes ofഀ the Zoning Regulations; andഀ 3. That the amendment promotes the health, safety, morals, andഀ general welfare of the Town, and promotes the coordinated andഀ harmonious development of the Town in a manner that conservesഀ and enhances its natural environment and its establishedഀ character as a resort and residential community of the highestഀ quality.ഀ IV. ATTACHMENTSഀ Ordinance No. 22, Series of 2008, second readingഀ 7ഀ ORDINANCE NO. 22ഀ Series of 2008ഀ 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, TOഀ ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TOഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68ഀ MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTHഀ DETAILS IN REGARD THERETO.ഀ WHEREAS, amendments to a Special Development District are permitted pursuant toഀ parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; andഀ WHEREAS, the Planning and Environmental Commission of the Town of Vail held a publicഀ hearing on October 13, 2008 to consider the proposed amendment in accordance with theഀ provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval toഀ the Town Council of the Town of Vail based on the criteria and findings presented in the staffഀ memorandum; andഀ WHEREAS, the Vail Town Council finds that the proposed amendment to Specialഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vailഀ Town Code and that the applicant has demonstrated that any adverse effects of the requestedഀ deviations from the development standards of the underlying zoning are outweighed by the publicഀ benefits provided; andഀ 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 entitlementsഀ elsewhere within the Town of Vail; andഀ WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriateഀ parties; andഀ 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. 6ഀ Ordinance No. 22, Series 2008ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OFഀ VAIL, COLORADO, THAT:ഀ *All additions are illustrated with bold italics and deletions are illustrated with StFikethr,,, ,,.hഀ Section 1. Purpose of the Ordinanceഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phaseഀ 111 of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial space toഀ residential for an addition to an existing dwelling unit.ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Reportഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilledഀ 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, Vailഀ Village Inn. Requests for the amendment of a special development district follow the proceduresഀ outlined in Chapter 12-9A of the Vail Town Code.ഀ Section 3. Special Development District No. 6ഀ Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensiveഀ development and use of the area in a manner that would be harmonious with the general characterഀ 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 Vailഀ Town Council and the Planning & Environmental Commission, and has been amended becauseഀ there are significant aspects of the Special Development District that cannot be satisfied through theഀ imposition of the standard Public Accommodation zone district requirements.ഀ Ordinance No. 22, Series 2008 2ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Innഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phaseഀ lll, shall include the following plans and materials prepared by Blue Line Architects, datedഀ September 24, 2008:ഀ a. A1.3. Parking Mapഀ b. A2.1. Level 95.0 Existingഀ C. A2.2. Level 95.0 Proposedഀ d. A2.3. Level 105.0 Existingഀ e. A2.4. Level 105.0 Proposedഀ L A2.5. Level 114.4 Existingഀ g. A3.1 Exterior elevationsഀ h. A3.2 Exterior elevationsഀ i. A5.1. Vicinity Mapഀ 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 Decemberഀ 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005:ഀ a. A200. Level One Floor Planഀ b. A201. Level Two Floor Planഀ C. A202. Level Three Floor Planഀ d. A301. North & South Elevationsഀ e. A302. East & West Elevationsഀ Ordinance No. 22, Series 2008 3ഀ Density-Number of Units Per Acre -ഀ The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shallഀ not exceed the following:ഀ Dwelling Units Per Acre - 13.25ഀ 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 Feetഀ Other Development Standardsഀ No other development standards are amended by this ordinance.ഀ Section 5. Conditions of Approvalഀ The following conditions of approval shall become part of the Town's approval of the establishmentഀ of Special Development District No. 6, Vail Village Inn:ഀ 1. The applicant shall provide a recorded deed restriction, acceptable to the Townഀ Attorney, for an employee housing unit on Bellflower Drive that is a minimum of 964 squareഀ 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, priorഀ to the issuance of a temporary certificate of occupancy or certificate of occupancy. Theഀ applicant shall submit a development plan that reflects the location, installationഀ specifications and documentation for the maintenance and repair of said accessibility andഀ delivery lift, for review and approval by the Town Attorney and Zoning Administrator, prior toഀ the issuance of a building permit.ഀ Ordinance No. 22, Series 2008 4ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is forഀ any reason held to be invalid, such decision shall not effect the validity of the remaining portions ofഀ this ordinance; and the Town Council hereby declares it would have passed this ordinance, andഀ each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that anyഀ 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 ordinanceഀ shall not affect any right which has accrued, any duty imposed, any violation that occurred prior toഀ the effective date hereof, any prosecution commenced, nor any other action or proceeding asഀ commenced under or by virtue of the provision amended. The amendment of any provision herebyഀ shall not revive any provision or any ordinance previously repealed or superseded unless expresslyഀ stated herein.ഀ Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewithഀ are repealed to the extent only of such inconsistency. This repealer shall not be construed to reviseഀ any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.ഀ Ordinance No. 22, Series 2008ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE INഀ FULL ON FIRST READING this 21St day of October, 2008 and a public hearing for second readingഀ of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vailഀ Municipal Building, Vail, Colorado.ഀ Richard Cleveland, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day ofഀ December, 2008.ഀ Richard D. Cleveland, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ Ordinance No. 22, Series 2008 6ഀ PLANNING AND ENVIRONMENTAL COMMISSIONഀ September 22, 2008ഀ 1:OOpmഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOMEഀ 75 S. Frontage Road - Vail, Colorado, 81657ഀ MEMBERS PRESENT MEMBERS ABSENTഀ Site Visits:ഀ 1. Village Inn Plaza, 68 Meadow Driveഀ 20 Minutesഀ 1. A request for a final recommendation to the Vail Town Council on a major amendment to Specialഀ Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Developmentഀ District, Vail Town Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68 Meadow Drive (Village Innഀ Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.ഀ (PEC080049)ഀ Applicant: Colorado Company, represented by Sherman & Howard, LLCഀ Planner: Nicole Petersonഀ ACTION:ഀ MOTION: SECOND: VOTE:ഀ 60 Minutesഀ 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 toഀ 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 Conditionalഀ Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of theഀ Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conferenceഀ 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 Frontageഀ Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033)ഀ Applicant: HCT Development, represented by TJ Brinkഀ Planner: Rachel Friedeഀ ACTION:ഀ MOTION: SECOND: VOTE:ഀ 5 Minutesഀ 3. A request for a final recommendation pursuant to Section 12-22-4, Adoption of View Corridorsഀ and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors andഀ amend one existing view corridor in Lionshead, pursuant to the recommendations outlined inഀ Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionsheadഀ Redevelopment Master Plan, and setting forth details in regard thereto. (PEC080051)ഀ Applicant: Town of Vail/Vail Resorts Inc.ഀ Planner: George Ruther/Gerry Arnoldഀ ACTION: Table to October 13, 2008ഀ MOTION: SECOND: VOTE:ഀ 4. Approval of September 8, 2008 minutesഀ Page 1ഀ MOTION: SECOND: VOTE:ഀ 5. Information Updateഀ Town Council's appeal of the PEC's approval of Vail Resort's temporary business office isഀ scheduled for Tuesday, October 71hഀ 6. Adjournmentഀ MOTION: SECOND: VOTE:ഀ The applications and information about the proposals are available for public inspection during regularഀ office hours at the Town of Vail Community Development Department, 75 South Frontage Road. Theഀ public is invited to attend the project orientation and the site visits that precede the public hearing in theഀ Town of Vail Community Development Department. Please call (970) 479-2138 for additionalഀ 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 Departmentഀ Published September 19, 2008, in the Vail Daily.ഀ Page 2ഀ 1OWNOF VA(L'ഀ Development Review Team & Construction Updateഀ Community Development Large Conference Roomഀ Wednesday at 9:00amഀ August 13, 2008ഀ AGENDAഀ 9:00 Development Review Teamഀ Purpose: Provide coordination and input across Departments on proposed development proposalsഀ Staff Item / Topic Description Timeഀ WC 1. Planning Department Updates 10 minutesഀ BW 2. Code Enforcement Update 5 minutesഀ MH 3. Open House Policy 10 minutesഀ FH 4. TOV's requirement to have the garage floor drains and sumpsഀ connecting into sanitary sewer instead of storm sewer systems 10 minutesഀ FH 5. Private uses of TOV Right of Ways 5 minutesഀ NP 6. VVI Phase II conversion of commercial to GRFA - Projectഀ Introduction - PW and Building 10 minutesഀ 10:30 Construction Updateഀ Purpose: Provide staff coordination on public and private construction projectsഀ 1. Update from Lionshead - LS 10 minutesഀ 2. Update from Village 10 minutesഀ 3. Other ROW/Utility Issues 10 minutesഀ 4. Noise Ordinance - see attached information 15 minutesഀ Other - 5 minutesഀ DRB/PEC Updates 5 minutesഀ 'tഀ U 1n G15~ ks /t;~ncjഀ Jഀ Jഀ (08/19/2008) Nicole Peterson - Village Inn Plaza Page 1ഀ From: Martin Haeberleഀ To: Nicole Petersonഀ Date: 08/15/2008 7:32 AMഀ Subject: Village Inn Plazaഀ 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 aഀ common tenant maintenance structure? Also, would language be required to address possible penetrations for the exhaustഀ 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 clearlyഀ identified on the plans.ഀ Thanksഀ Martinഀ Martin A. Haeberle, C.B.O.ഀ Chief Building Officialഀ Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ 970.479.2142 (o)ഀ 970.479.2452 (f)ഀ 970.376.3672 (c)ഀ 1ഀ MEMORANDUMഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: September 22, 2008ഀ SUBJECT: A request for a final recommendation to the Vail Town Council on a majorഀ 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 toഀ residential for an addition to an existing dwelling unit, located at 68ഀ 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, LLCഀ Planner: Nicole Petersonഀ 1. SUMMARYഀ The Applicant, Colondo Company, represented by Sherman & Howard, LLC, hasഀ requested final review by the Planning and Environmental Commission for aഀ major amendment to Special Development District (SDD) No. 6, Village Innഀ Plaza, Phase III, to allow for the conversion of an existing office and retail spaceഀ to residential for an addition to an existing dwelling unit, located at 68 Meadowഀ Drive.ഀ Based upon Staff's review of the criteria outlined in Section VII of thisഀ memorandum and the evidence and testimony presented, the Communityഀ Development Department recommends the Planning and Environmentalഀ Commission forwards a recommendation of denial of the major amendment toഀ SDD No. 6, Village Inn Plaza.ഀ II. DESCRIPTION OF THE REQUESTഀ This major amendment request includes the conversion of existing office andഀ retail space to residential for an approximate 1,483 square foot addition toഀ existing residential unit #110. The proposed addition is immediately below theഀ existing unit #110 (Plan sheet A2.2 - Level 95.0') and includes a new exteriorഀ entrance off the pedestrian plaza on the north side of the building, mudroom,ഀ staircase, media room, three bedrooms and four bathrooms. The proposal alsoഀ includes the interior reconfiguration of the existing unit #110 level 105.0' andഀ minor exterior alterations. The proposal does not include any additions outsideഀ the exterior walls of the existing building.ഀ 1ഀ cഀ }ഀ The addition area is currently occupied by three lessees: a) Digits Nail Boutiqueഀ (122 square feet of retail); b) Robinson, Mitchell & Associates (343 square feet ofഀ office), and c) the eastern one-third of To Catch a Cook (1,018 square feet ofഀ retail). The definition of a Major Amendment includes any proposal to changeഀ 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. BACKGROUNDഀ Special Development District No. 6, Vail Village Inn, was adopted by Ordinanceഀ No. 7, Series of 1976. The subject site was part of the original Town of Vailഀ created in August of 1966. The subject site is part of Phase III of the Vail Villageഀ Inn Special Development District (SDD). The various phases of the district haveഀ been amended numerous times since their inception. These amendments affectഀ projects ranging in scope from minor remodels to construction of the new Vailഀ Plaza Hotel.ഀ IV. ROLES OF THE REVIEWING BOARDSഀ Order of Review:ഀ Generally, applications will be reviewed first by the PEC for impacts ofഀ use/development, then by the DRB for compliance of proposed buildings and siteഀ 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 setഀ forth in Section 12-9A-8: Design Criteria and Necessary Findings, Vail Townഀ Code.ഀ Design Review Board:ഀ The Design Review Board has no review authority over a Major or Minorഀ Amendment to a Special Development District (SDD), but must review anyഀ accompanying Design Review Board application.ഀ Town Council:ഀ Upon receipt of the report and recommendation of the Planning andഀ Environmental Commission, the Town Council shall set a date for hearing withinഀ the following thirty (30) days. Within twenty (20) days of the closing of a publicഀ hearing on a proposed SDD, the Town Council shall act on the petition orഀ proposal. The Town Council shall consider but shall not be bound by theഀ recommendation of the Planning and Environmental commission. The Townഀ Council may cause an ordinance to be introduced to create or amend a specialഀ development district.ഀ V. APPLICABLE PLANNING DOCUMENTSഀ Vail Town Codeഀ 12-9A: Special Development (SDD) Districtഀ 2ഀ 12-9A-1: PURPOSE: The purpose of the special development district is toഀ encourage flexibility and creativity in the development of land in order toഀ promote its most appropriate use; to improve the design character andഀ quality of the new development with the town; to facilitate the adequateഀ and economical provision of streets and utilities; to preserve the naturalഀ and scenic features of open space areas; and to further the overall goalsഀ of the community as stated in the Vail comprehensive planഀ 12-9A-2: DEFINITIONS (in part)ഀ Major Amendment: Any proposal to change uses; increase grossഀ residential floor area; change the number of dwelling or accommodationഀ units; modify, enlarge or expand any approved special developmentഀ district (other than `minor amendments' as defined in this section).ഀ 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please seeഀ section VII of this memo which states and discusses Section 12-9A-8.ഀ 12-7A: PUBLIC ACCOMODATION (PA) DISTRICTഀ 12-7A-1: PURPOSE: The public accommodation district is intended toഀ provide sites for lodges and residential accommodations for visitors,ഀ together with such public and semipublic facilities and limited professionalഀ offices, medical facilities, private recreation, commercial/retail and relatedഀ visitor oriented uses as may appropriately be located within the sameഀ zone district and compatible with adjacent land uses. The publicഀ accommodation district is intended to ensure adequate light, air, openഀ space, and other amenities commensurate with lodge uses, and toഀ maintain the desirable resort qualities of the zone district by establishingഀ appropriate site development standards. Additional nonresidential usesഀ are permitted as conditional uses which enhance the nature of Vail as aഀ vacation community, and where permitted uses are intended to functionഀ compatibly with the high density lodging character of the zone district.ഀ Town of Vail Land Use Planഀ Chapter I - Introduction - 1. Purpose of Project (in part):ഀ This document is intended to serve as a basis from which future decisions mayഀ be made regarding land use within the Valley. The primary focus of the Landഀ Use Plan has been to address the long-term needs and desires of the Town as itഀ matures.ഀ Chapter II - Land Use Plan Goals and Policies:ഀ Staff has included the relevant Goals and Policies of the Land Use Plan inഀ Section VII, Criteria D, of this memorandum.ഀ Vail Village Master Planഀ Staff has included the relevant Objectives and Policies of the Vail Village Masterഀ Plan in Section VII, Criteria D, of this memorandum. The subject property isഀ 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 isഀ distinguished from the Village core by the larger scale buildings and by the limitedഀ auto traffic along East Meadow Drive. Comprised of five major development projects,ഀ this sub-area is characterized by a mixture of residential/lodging and commercialഀ activity.ഀ There is a great deal of potential for improvements to both public and private facilities inഀ the area. Among these is the opportunity to develop gateway entries to the Village at theഀ 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long termഀ goal to strengthen the connection between this area and the Village core area byഀ reinforcing the established pedestrian linkages. Pedestrianization in this area may;ഀ benefit from the development of retail infill with associated pedestrian improvementsഀ 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 withഀ the development of the final, phase of the Vail village Inn project. In addition, commercialഀ and residential/lodging development potential is identified in sub-area concepts 3, 4, 6ഀ 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 developmentഀ plan for SDD #6. Commercial development at ground, level to frame interior plaza withഀ greenspace. Mass of buildings shall "step up" from existing pedestrian scale alongഀ Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive toഀ 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.ഀ 4ഀ MIXED USE SUB-AREA (#1)ഀ #1-6 Crossroads Infill (Map below)ഀ Commercial infill over new underground parking lot in conjunction with a large publicഀ 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 toഀ replace existing surface parking with pedestrian corridors into a commercial area, as wellഀ 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 Frontageഀ Road is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fireഀ 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.ഀ 5ഀ VI.ഀ VII.ഀ ZONING AND LAND USEഀ Zoning: Special Development District No. 6 andഀ Public Accommodation (PA) Districtഀ Land Use Plan Designation: Village Master Planഀ Development Standardഀ Setbacks:ഀ North:ഀ South:ഀ East:ഀ West:ഀ Building Height:ഀ Allowed/Required Existing Proposedഀ Per Dev. Plan*ഀ Per Dev. Planഀ No Changeഀ Per Dev. Plan*ഀ Per Dev. Planഀ No Changeഀ Per Dev. Plan*ഀ Per Dev. Planഀ No Changeഀ Per Dev. Plan*ഀ Per Dev. Planഀ No Changeഀ Per Dev. Plan* Per Dev. Plan No Changeഀ Parking: One additional space is required for unit #110, withഀ the proposed addition/ conversion. The applicant isഀ proposing to deed one additional space to unitഀ #110 as shown on sheet A1.3.ഀ Site Coverage:ഀ Per Dev.ഀ Plan*ഀ Per Dev. Planഀ No Changeഀ Landscape Area:ഀ Per Dev.ഀ Plan*ഀ Per Dev. Planഀ No Changeഀ " The building bulk control standards are allowed as shown on the approved development plans.ഀ Employee Housing: The proposed addition triggers an employee housingഀ mitigation requirement under Section 12-24, Vail Town Code (Attachment C).ഀ REVIEW CRITERIA AND FINDINGSഀ Section 12-9A-8, below, outlines the design criteria for Special Developmentഀ Districts. Staff has responded to each of the criteria as they relate to theഀ proposed conversion of existing office and retail space to residential for anഀ addition to an existing dwelling unit.ഀ 12-9A-8: DESIGN CRITERIA:ഀ The following design criteria shall be used as the principal criteria in evaluatingഀ the merits of the proposed special development district. It shall be the burden ofഀ the applicant to demonstrate that submittal material and the proposedഀ development plan comply with each of the following standards, or demonstrateഀ that one or more of them is not applicable, or that a practical solution consistentഀ 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, visualഀ integrity and orientation.ഀ 6ഀ Staff believes the proposed exterior alterations, including new windowsഀ and a door are compatible with the existing building architecture. Thereഀ are no exterior building additions proposed.ഀ B. Uses, activity and density which provide a compatible, efficient andഀ workable relationship with surrounding uses and activity.ഀ Staff believes the proposed use change of the existing retail (Digits Nailഀ Boutique) and office (Robinson, Mitchell & Associates) fronting on theഀ pedestrian plaza on the north face of the building is inconsistent with theഀ surrounding uses and activity. The proposed addition will privatize theഀ pedestrian-level fagade and create an un-welcoming, in-active, dark plazaഀ frontage that will hinder the existing, adjacent retail (Tezla Lingerie) andഀ showroom (Claggett-Rey Gallery) activity in the pedestrian plaza.ഀ The adjacent property, directly to the east, Solaris, is currently underഀ construction. The proposed plans include a tunnel that will link the Vailഀ Village Inn pedestrian plaza (subject property) with the proposed Solarisഀ plaza and shops. The tunnel, when complete, will provide a pedestrianഀ connection that increases circulation and vibrancy through the retailഀ corridor. The pedestrian connection in the subject property retail area isഀ highlighted as part of the Village pedestrian network, illustrated in the Vailഀ Village Master Plan -'Parking and Circulation Plan' (below).ഀ tഀ qഀ Nl~ P Sys - ~ 4ഀ 3ഀ A~ഀ - -ഀ u / PARKING ANDഀ CIRCULATIONഀ a nഀ PLANഀ IEGENV LLഀ ,r r ~ ~M.aafl aSE55 ~ 'eX13:IfA T18LC IWr'1xUp1G ~ഀ 2 ~ ....~...ax,.g,....,.,.s .___-as rrE rwr ~rtEw ~:~iഀ 3 .y.r M.. ti.ry rua ri rr~rar. wn:ഀ R..vഀ 7ഀ C. Compliance with parking and loading requirements as outlined inഀ Chapter 12-10 of the Vail Town Code.ഀ The proposed addition generates the need for 1 new parking space for Unitഀ #110. The applicant is proposing to deed an additional parking space toഀ unit #110 as shown on sheet A1.3 (attached). The proposed additionഀ meets the required parking.ഀ The provisions of SDD No. 6 (Ordinance No. 16, Series of 2004) state theഀ following with regard to loading and delivery:ഀ Section 5.9. "That the Developer provides a centralized loading/deliveryഀ facility for the use of all owners and tenants within Specialഀ Development District No. 6. Access or use of the facility shall notഀ be unduly restricted for Special Development District No. 6. Theഀ loading/delivery facility, including docks, berths, freight elevators,ഀ service corridors, etc., may be made available for public and/orഀ private loading/delivery programs, sanctioned by the Town of Vail,ഀ to mitigate loading/delivery impacts upon the Vail Villageഀ loading/delivery system.'ഀ It shall be noted that any proposal in Phase III, if approved, would require aഀ link to the loading /delivery system mentioned in the above provision.ഀ Specifically, a condition of approval shall require a new loading and deliveryഀ garage door on the west end of the existing underground parking garageഀ (Under Building No. 1 in Phase III) that aligns with the Plaza's existingഀ loading and delivery garage door at the east end of the undergroundഀ parking garage, accessed off the South Frontage Road. The garage doorഀ addition will provide loading and delivery services to Phase III and would beഀ a condition of approval for any proposal in Phase III.ഀ D. Conformity with the applicable elements of the Vail Comprehensiveഀ Plan.ഀ Staff believes the proposal, to convert existing office and retail space,ഀ fronting on a major pedestrian way in Vail Village, to residential for anഀ addition to an existing dwelling unit is in conflict with the following sectionsഀ of the Town of Vail Land Use Plan and Vail Village Master Plan.ഀ Vail Land Use Planഀ Chapter ll - Land Use Plan Goals and Policies (in part):ഀ The goals articulated here reflect the desires of the citizenry as expressedഀ through the series of public meetings held throughout the project. Theseഀ goal statements should be used in the evaluation of any developmentഀ proposal.ഀ 1. General Growth/Developmentഀ 8ഀ 1.1 Vail should continue to grow in a controlled environment,ഀ maintaining a balance between residential, commercial andഀ recreational uses to serve both the visitor and the permanentഀ resident.ഀ 1.12 Vail should accommodate most of the additional growth in existingഀ developed areas (infill areas).ഀ 3. Commercialഀ 3.4 Commercial growth should be concentrated in existing commercialഀ areas to accommodate both local and visitor needs.ഀ 4. Village Core/ Lionsheadഀ 4.1 Future commercial development should continue to occurഀ primarily in existing commercial areas. Future commercialഀ development in the Core areas needs to be carefully controlled toഀ facilitate access and delivery.ഀ 4.2 Increased density in the Core areas is acceptable so long as theഀ existing character of each area is preserved throughഀ implementation of the Urban Design Guide Plan and the Vailഀ Village Master Plan.ഀ Vail Village Master Planഀ 2.4 Obiective:ഀ Encourage the development of a variety of new commercialഀ activity where compatible with existing land uses.ഀ 2.4.1 Policy:ഀ Commercial infill development consistent with establishedഀ horizontal zoninq regulations shall be encouraged to provideഀ activity generators, accessible greenspaces, public plazas,ഀ and streetscape improvements to the pedestrian networkഀ throughout the Village.ഀ 2.6 Obiective:ഀ Encourage the development of affordable housing units throughഀ the efforts of the private sector.ഀ 3.1 Obiective:ഀ Physically improve the existinq pedestrian ways byഀ landscapinq and other improvements.ഀ 3.1.1 Policy:ഀ Private development projects shall incorporate streetscapeഀ improvements (such as paver treatments, landscaping,ഀ lighting and seating areas), along adjacent pedestrian waysഀ 9ഀ 3.3 Objective:ഀ Encourage a wide variety of activities, events., and street lifeഀ along pedestrian ways and plazas.ഀ 3.3.1 Policy:ഀ The Town encourages a regulated program of outdoorഀ street activity in predetermined locations throughout theഀ Village.ഀ 4.1 Objective:ഀ Improve existing open space areas and create new plazas withഀ greenspace and pocket parks. Recognize the different roles ofഀ each type of open space in forming the overall fabric of theഀ Village.ഀ 4.1.2 Policy:ഀ The development of new public plazas, and improvementsഀ to existing plazas (public art, streetscape features, seatingഀ areas, etc.) shall be strongly encouraged to reinforce theirഀ roles as attractive people places.ഀ E. Identification and mitigation of natural and/or geologic hazards thatഀ affect the property on which the special development district isഀ proposed.ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposedഀ additions are not located in any geologically sensitive areas or within theഀ 100-year floodplain of Gore Creek or its tributaries.ഀ F. Site plan, building design and location and open space provisionsഀ designed to produce a functional development responsive andഀ sensitive to natural features, vegetation and overall aesthetic qualityഀ of the community.ഀ The proposed addition does not disturb any natural features or vegetation.ഀ G. A circulation system designed for both vehicles and pedestriansഀ addressing on and off-site traffic circulation.ഀ The proposed conversion of existing office and retail space to residential forഀ an addition to an existing dwelling unit on the existing pedestrian plaza levelഀ will be detrimental to the pedestrian/ visitor experience by limiting theഀ activity and vibrancy on the pedestrian circulation corridor. As mentioned inഀ Criteria B, above, the subject property pedestrian plaza is part of the Villageഀ Pedestrian Network, designated in the Vail Village Master Plan - `Parkingഀ and Circulation Plan.'ഀ It shall be noted that any proposed changes to Building No. 2 of Phase IIIഀ (subject property), if approved, shall require the improvement of theഀ pedestrian walkway, pursuant to policies in the Vail Village Master Plan, onഀ 10ഀ the east side of Building No. 2, connecting the north pedestrian plaza withഀ the East Meadow Drive walkway. Improvements shall include, but not beഀ limited to, resurfacing, landscaping and ADA (American's with Disabilityഀ Act) compliance.ഀ H. Functional and aesthetic landscaping and open space in order toഀ optimize and preserve natural features, recreation, views andഀ functions.ഀ No changes to landscaping are proposed through this request. However, ifഀ approved, Staff would recommend a condition of approval be added toഀ improve the landscaping on the east side of Building No. 2 along theഀ pedestrian walkway.ഀ 1. Phasing plan or subdivision plan that will maintain a workable,ഀ functional and efficient relationship throughout the development ofഀ the special development district.ഀ The addition is not proposed in phases.ഀ VIII. STAFF RECOMMENDATIONഀ The Community Development Department recommends that the Planning andഀ Environmental Commission forwards a recommendation of denial for a majorഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant toഀ Article 12-9A, Special Development District, Vail Town Code, to the Vail Townഀ Council. Staff's recommendation is based upon the review of the criteria found inഀ Section VII of this memorandum and the evidence and testimony presented.ഀ Should the Planning and Environmental Commission choose to forward aഀ recommendation of denial to the Vail Town Council of this proposed amendmentഀ to a Special Development District, the Department of Community Developmentഀ recommends the Commission pass the following motion:ഀ "The Planning and Environmental. Commission recommends denial of aഀ major amendment to Special Development District No. 6, Village Innഀ Plaza, pursuant to Article 12-9A, Special Development District, Vail Townഀ Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68ഀ 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 aഀ recommendation of denial to the Vail Town Council of this proposed amendmentഀ to a Special Development District, the Department of Community Developmentഀ 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 ofഀ the adopted goals, objectives and policies outlined in the Vailഀ 11ഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Section VIIഀ of the Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does not further the general and specificഀ purposes of the Zoning Regulations, based upon the review outlinedഀ in Section VII of the Staffs September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 3. That the amendment does not promote the health, safety, morals,ഀ and general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in a mannerഀ that conserves and enhances its natural environment and itsഀ established character as a resort and residential community of theഀ highest quality, based upon the review outlined in Section Vll of theഀ Staffs September 22, 2008, memorandum to the Planning andഀ Environmental Commission.ഀ IX. ATTACHMENTSഀ A. Vicinity Mapഀ B. Proposed Architectural Plansഀ C. Inclusionary Zoning (Employee Housing) Requirementഀ D. Neighbor Email - Claggett/Rey Galleryഀ E. Citizen Email - Digit's Salonഀ 12ഀ Attachment A: Vicinity Mapഀ 13ഀ Jഀ 14ഀ Attachment B:ഀ Proposed Architectural Plansഀ 15ഀ rഀ 0ഀ A f 6 ka ww ~ഀ a .ar-iia-;00.=a.Off' t M [ഀ litഀ 3ഀ v A~ഀ 1ഀ a ~ഀ e gee; ¢i ~ ~ FG ;gi' fPt.ഀ dR Kt~ ;►asF ' FFE$i a a s e( & clf x-~ RICHഀ FF+yLഀ ~~F ~p ~y S~5M1g o[ i ~Sഀ i txp ta3ഀ lc=f : F fa~ ~ ? ~ F Eliഀ i ;F 4 t { F z~ E£; , Fly ~x§3S9"~#~ ~i~ yഀ aL ~ + ~si € L t FF~`~ F t EF kF ~;P~$ ~iF =€i ~s~ ~ ~iF ~it ~ 0ഀ S a ~ ~ELi1 x•3 + t a F xit S •S p9 gY~ a ~ t~ 6C i[a7 ii~ ~tx•xxa ~ Sr~ x= fF Fഀ - t fF~ ~ [ P 9 i ~ ~E i6 F,"EF .~T' ~ aFsFL' zt~ ~E ~Y {rഀ ~ ~ g~~ ~ ~ ~ tf~~ ~ Yx CSt~ x~F Lass- ~ gt! 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Net New GRFA for Colondo Company Residenceഀ A. Residential Increase = Inclusionary Zoningഀ Increase in GRFA = 1483 sq ft increaseഀ Inclusionary Zoning requirement = 10 percent of net new residential sq ftഀ 1483 sq ft x 10 % = 148.3 sq ft required deed restricted employeeഀ housingഀ B. Possible Method of Mitigation for Inclusionary Zoningഀ 1. Fee-in-Lieuഀ i. Provide a fee-in-lieu payment to the Town of Vail ofഀ 148.3 sq ft x $301.65 / sq ft = $44,734.70ഀ II. Payment of the Fee-in-Lieuഀ A. Payment of the fee-in-lieu of $44,734.70 must be paid prior to the issuanceഀ of a building permit for the projectഀ 27ഀ Attachment D:ഀ Neighbor Email - Claggett/Rey Galleryഀ "Bill Rey" <bill claggettrey.com> 09/03/2008 1:33 PMഀ Hello Nicole and Warren,ഀ I have received the word that there is interest in changing theഀ commercial spaces next to our gallery to residential. I have someഀ definite concerns regarding this. First those commercial spaces doഀ create traffic at this time and since I have been here in the plaza forഀ almost 20 years and have endured the re-development of the Plaza Hotelഀ and now Solaris which have impacted pedestrian traffic big time forഀ years, and years to come so I am very concerned.ഀ Thank you for considering this request and I will look forward toഀ hearing from you.ഀ Sincerely,ഀ Bill Reyഀ Claggett/Rey Galleryഀ No virus found in this incoming message.ഀ Checked by AVG - http://www.avq.comഀ Version: 8.0.169 / Virus Database: 270.6.16/1650 - Release Date:ഀ 9/3/2008 4:13 PMഀ 28ഀ Attachment E:ഀ Citizen Email - Digit's Salonഀ From: <dten1195co@aol.com>ഀ To: <npeterson@vailgov.com>ഀ Date: 08118/2008 3:16 PMഀ Subject: Rezoningഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plazaഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety ofഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and seeഀ what is happening and that leads to shopping and dining! We need more businesses in Vail Village notഀ more residences.ഀ Sincerely, Deborah Tennant 476-8523ഀ Sent via BlackBerry by AT&Tഀ 29ഀ PLANNING AND ENVIRONMENTAL COMMISSIONഀ October 13, 2008ഀ 1:00pmഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOMEഀ 75 S. Frontage Road - Vail, Colorado, 81657ഀ MEMBERS PRESENT MEMBERS ABSENTഀ Bill Pierce Sarah Robinson-Paladinoഀ Rollie Kjesbo Scott Properഀ Susie Tjossem David Vieleഀ Michael Kurzഀ Site Visits:ഀ 1. Village Inn Plaza, 68 Meadow Driveഀ 2. Lionshead Public View Corridors, Lionshead Villageഀ 45 Minutesഀ 1. A request for a final recommendation to the Vail Town Council on a major amendment to Specialഀ Development District No. 6, Village Inn Plaza, pursuant to Article 12-9A, Special Developmentഀ District, Vail Town Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68 Meadow Drive (Village Innഀ Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.ഀ (PEC080049)ഀ Applicant: Colorado Company, represented by Sherman & Howard, LLCഀ Planner: Nicole Petersonഀ ACTION: Recommendation of approval, with conditionsഀ 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 ofഀ the subject property, by submitting a Design Review application, prior to theഀ submittal of a Design Review application for the exterior changes associated withഀ 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 theഀ public walkway, along the east side of the subject property, from the pedestrian plazaഀ to Meadow drive. Compliance shall be demonstrated in conjunction with Buildingഀ Permit submittal.ഀ 3. The applicant shall install a new loading and delivery connection on the west end ofഀ the existing underground parking garage (Under Building No. 1 in Phase III) thatഀ aligns with the Plaza's existing loading and delivery garage door at the east end ofഀ the underground parking garage, accessed off the South Frontage Road, prior to theഀ issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionaryഀ Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuanceഀ of a building permit.ഀ 5. The applicant shall receive Design Review Board approval for the proposal, prior toഀ submitting a building permit application.ഀ Commissioner Pierce identified he had a conflict of interest on this item and recused himselfഀ from the hearing.ഀ Page 1ഀ Nicole Peterson distributed a Supplemental Staff memorandum and brought attention to theഀ illegal construction that had occurred on site, the week prior. She informed the Commission thatഀ Staff was recommending that this application be tabled until such time as a Design Reviewഀ application could be submitted in regards to the illegal walkway demolition.ഀ Tim Devlin of Sherman and Howard, representing the applicant, stated the circumstances behindഀ the construction that had occurred on site. He stated that Deanne Hall, the president of the Vailഀ Village Inn Phase III, had apparently requested the work be performed without the knowledgeഀ that a Design Review application was necessary. A Design Review application has beenഀ forwarded to the association president for review.ഀ The Commissioners spoke with each other and it was determined that they would hear theഀ application and if necessary they would place a condition on any motion directing Vail Village Innഀ Phase III to correct the situation with regard to the walkway.ഀ Nicole Peterson continued with her presentation per, explaining the Staff memorandum andഀ stated that staff is recommending denial of the application.ഀ Tim Devlin continued with his presentation drawing attention to the table contained in the Staffഀ memorandum which compared the proposed application to those previously approved. Heഀ utilized several boards depicting floor plans to make several points with regard to the frontage ofഀ retail being removed and the amount of square footage on the ground floor. He continued byഀ going through the memorandum's background on previous residential expansion approvals. Heഀ pointed out that his client would propose to utilize the pay-in-lieu option to mitigate the employeeഀ housing mitigation.ഀ Jonathan Stauffer, representing the subject property owner, gave some background on theഀ events leading to the illegal construction. He further stated that the owner of residential unitഀ #110 (subject of addition/ conversion), occupies his unit the entirety of the winter season. Thusഀ 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 Digitsഀ Salon and a portion of the Real Estate office.ഀ Warren Campbell, Chief of Planning, stated that Staff did suggest utilizing only the interiorഀ portion of 'To Catch A Cook.' He stated that planning staff would review the applicationഀ differently, if that was the proposal; however, he did not commit to any recommendation thatഀ would result.ഀ Ken Bridges of Blue Line Architects, representing the applicant, gave a presentation on theഀ reasons behind the layout proposed. He pointed out the traffic flow within the unit and the needഀ 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 anഀ office use in the real estate space since the start of the project and that he believes the subjectഀ area has very little pedestrian traffic.ഀ Rob Robinson of Robinson Mitchell and Associates (subject Real Estate office) stated that heഀ would like to stay in the Village. He added that he has received very little walk-in traffic at hisഀ 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. Heഀ Page 2ഀ added that he could not predict the amount of pedestrian traffic in the future, as a result of theഀ Solaris tunnel. He stated concern that this is a permanent change and does not believe theഀ application adheres to the Vail Village Master Plan.ഀ Commissioner Tjossem, believes that this area is not vibrant and there is a precedence forഀ conversion set. She believes the conversion is appropriate.ഀ Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult to predictഀ the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He also stated that hisഀ vote of support, if a motion where made to forward a recommendation of approval, would beഀ based on the opinion that the 'To Catch a Cook' retail space is a second story retail area, andഀ thus is comparable to the previous approvals of 2nd and 3`d story commercial conversions toഀ residential.ഀ 20 Minutesഀ 2. A request for a final recommendation pursuant to Section 12-22-4, Adoption of View Corridorsഀ and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors andഀ amend one existing view corridor in Lionshead, pursuant to the recommendations outlined inഀ Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionsheadഀ Redevelopment Master Plan, and setting forth details in regard thereto. (PEC080051)ഀ Applicant: Town of Vail/Vail Resorts Inc.ഀ Planner:. George Ruther/Warren Campbellഀ ACTION: Recommendation of approvalഀ MOTION: Kurz SECOND: Tjossem VOTE: 3-0-1 (Pierce recused)ഀ Commissioner Pierce identified he had a conflict of interest on this item and recused himselfഀ from the hearing.ഀ Warren Campbell gave a presentation per the Staff memorandum.ഀ Tyson Dearduff, of Fritzlen Pierce Architects, representing Mark Kobelan, an interested party inഀ 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 metഀ with George Ruther on Friday October 17th. He handed out a letter from Mr. Kobelan containingഀ this request. The concern being that if the View Point No. 10 were adopted the Town may beഀ 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 orഀ not the Town would be reluctant to amended View Point No. 10 in the future if a proposal wereഀ deemed to be appropriate on the property. He stated that the Town Code did contain a processഀ for proposing improvements to Town owned land and if required amendments to any adoptedഀ View Corridor in Town. He concluded by stating that a motion to forward a recommendation ofഀ approval or denial would have no bearing on the success or lack of success that a proposal onഀ Town owned property might have in the future. Furthermore, there was a condition placed uponഀ the Arrabelle requiring the amendment and adoption of these View Corridors prior to achieveഀ final approvals for the project.ഀ 5 Minutesഀ 3. A request for a final review of an amendment to an existing conditional use permit, pursuant toഀ section 12-16-10, Amendment Procedures, Vail Town Code, to amend the condition limiting theഀ 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, LLCഀ Page 3ഀ Planner: George Ruther/Warren Campbellഀ ACTION: Tabled to October 27, 2008ഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0ഀ 5 Minutesഀ 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 toഀ 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 Conditionalഀ Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of theഀ Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conferenceഀ 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 Frontageഀ Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033)ഀ Applicant: HCT Development, represented by TJ Brinkഀ Planner: Rachel Friedeഀ ACTION: Tabled to October 27, 2008ഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0ഀ 5. Approval of September 22, 2008 minutesഀ MOTION: Tjossem SECOND: Kurz VOTE: 3-0-0ഀ 6. Information Updateഀ Possible date for Town Council and PEC joint work session November 18thഀ 7. Adjournmentഀ MOTION: Kurz SECOND: Tjossem VOTE: 3-0-0ഀ The applications and information about the proposals are available for public inspection during regularഀ office hours at the Town of Vail Community Development Department, 75 South Frontage Road. Theഀ public is invited to attend the project orientation and the site visits that precede the public hearing in theഀ Town of Vail Community Development Department. Please call (970) 479-2138 for additionalഀ 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 Departmentഀ Published October 10, 2008, in the Vail Daily.ഀ Page 4ഀ MEMORANDUMഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: October 13, 2008ഀ SUBJECT: A request for a final recommendation to the Vail Town Council on a majorഀ 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 toഀ residential for an addition to an existing dwelling unit, located at 68ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto. (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard, LLCഀ Planner: Nicole Petersonഀ SUMMARYഀ The Applicant, Colondo Company, represented by Sherman & Howard, LLC, hasഀ requested final review by the Planning and Environmental Commission for aഀ 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 toഀ residential for an addition to an existing dwelling unit, located at 68 Meadowഀ Drive.ഀ Based upon Staff's review of the criteria outlined in Section VII of thisഀ memorandum and the evidence and testimony presented, the Communityഀ Development Department recommends the Planning and Environmentalഀ Commission forwards a recommendation of denial of the major amendment toഀ SDD No. 6, Village Inn Plaza.ഀ II. DESCRIPTION OF THE REQUESTഀ Since the September 22, 2008 hearing, the applicant submitted new proposedഀ plans that decrease the conversion area from 1,483 sq. ft. to 1,237 sq. ft. Thisഀ major amendment request includes the conversion of existing office and retailഀ space to residential for an approximate 1,237 gross residential square footഀ addition to existing residential unit #110. The proposed addition is immediatelyഀ below the existing unit #110 (Plan sheet A2.2 - Level 95.0') and includes a newഀ exterior entrance off the pedestrian plaza on the north side of the building,ഀ mudroom, staircase, media room, two bedrooms and three bathrooms. Theഀ proposal also includes the interior reconfiguration of the existing unit #110 levelഀ 105.0' and minor exterior alterations. The proposal does not include anyഀ 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 theഀ 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, isഀ required, pursuant to Section 12-9A-2, Vail Town Code for the conversion ofഀ office and retail uses to residential and the addition of 1,237 square feet of GRFAഀ to SDD No. 6.ഀ III. BACKGROUNDഀ Special Development District (SDD) No. 6, Vail Village Inn, was adopted byഀ Ordinance No. 7, Series of 1976. SDD No. 6 is comprised of 3.45 acres andഀ consists of five phases of development, illustrated below:ഀ 2ഀ The following is a summary of the previously approved ordinances andഀ 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 feetഀ of GRFA to SDD No. 6. This ordinance also required a minimum of 175ഀ accommodation units (AUs) and 72,400 square feet of GRFA, devotedഀ entirely to AUs in Phase IV.ഀ o Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDDഀ No. 6. The amendment allowed Phase IV to be broken into two distinct andഀ separate phases, which were called Phase IV and Phase V. This ordinanceഀ also set the maximum GRFA far the SDD at 120,600 square feet. Further, theഀ ordinance required a minimum of 14 AUs and 67,367 square feet of GRFAഀ devoted to AUs in Phases IV and V.ഀ o Ordinance No. 24, Series of 1989 (November, 1989) amended the densityഀ section of SDD No. 6. This ordinance modified the SDD by increasing theഀ allowable GRFA to a total of 124,527 square feet This allowed Unit No 30ഀ (originally Good's retail) in the Vail Village Plaza Condominiums to beഀ converted from commercial to residential use The space consists of 3,927ഀ square feet of GRFA This ordinance also maintained the approval for aഀ minimum of 148 AUs and 67,367 square feet of GRFA, devoted to AUs, inഀ Phases IV and V of SDD No. 6. (Note: Staff recommended approval with 2ഀ conditions: 1) to decrease the proposed square footage from 5,714 sf toഀ 3,927 sf, which was the size of the one existing residential unit in the buildingഀ and 2) that the unit be use restricted according to Old Code Sectionഀ 17.26.075, which states 'condominium units created shall remain in the shortഀ term rental market to be used as temporary accommodations available to theഀ general public.' PEC recommended denial for the purpose of maintainingഀ retail in the Village core Council overturned PEC and approved with Staffഀ conditions 7-0)ഀ o Ordinances No. 1 and No. 4, Series of 2000, a major amendment to Specialഀ Development District No. 6 was approved to allow for construction of the Vailഀ Plaza Hotel.ഀ o Ordinance No. 15, Series of 2001 adopted a revised Approved Developmentഀ Plan for Phase I, which brought the total allowable GRFA for the entire SDDഀ No. 6 to 182,325 square feet.ഀ o Ordinance No. 21, Series of 2001 adopted a revised Approved Developmentഀ Plan for Phase IV (i.e. Vail Plaza Hotel), and did not specify, in the form of aഀ revised Approved Development Plan, the total allowable GRFA for theഀ entirety of SDD No. 6.ഀ o Ordinance No. 32, Series of 2003, adopted a maior amendment to SDD Noഀ 6 allowing for the conversion of 2,132 square feet of restaurant area toഀ create a new dwelling unit above the Alpenrose Restaurant, which increasedഀ 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 (Phoenixഀ Rising and Steven Reeves Art Gallery) to residential which increased theഀ 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 conversionഀ of commercial and/or office space into residential.ഀ I-Referenceഀ Nameഀ Ordinanceഀ Converted' iഀ Commercialഀ Square`ഀ Footageഀ Linearഀ Feet onഀ Pedestrianഀ Plaza iഀ Resultingഀ Total Retailഀ for SDD #6ഀ Resultingഀ Totalഀ Allowedഀ GRFA forഀ SDD #6ഀ Original SDDഀ No. 7, Seriesഀ Naഀ Naഀ Unknownഀ 100,000ഀ No. 6 Approval'ഀ gggഀ of 1976ഀ No. 24,ഀ 3,927 (Primarilyഀ rdഀ dഀ Unknownഀ Unknownഀ 124,527ഀ Conversionഀ Series ofഀ 2nഀ and 3ഀ (Good's Retailഀ 1989ഀ floor)ഀ old Plazaഀ Building) _ഀ 2003ഀ No. 32,ഀ 2,132 (700 sfഀ Estimatedഀ 44,724ഀ 184,708ഀ .Conversionഀ Series ofഀ on pedestrianഀ 70 feetഀ AI en'roseഀ .:;2005ഀ 2003ഀ No. 6, Seriesഀ levelഀ 1,158 (107 sfഀ 18 feetഀ 43,566ഀ 186,561ഀ Conversionഀ of 2005ഀ on pedestrianഀ z(Phoenixഀ level)ഀ Risin e-eഀ „2008ഀ No. _ഀ 1,237 (All onഀ 12 feetഀ +ഀ 42,329ഀ 187,798ഀ "Proposedഀ Series ofഀ pedestrianഀ (north)ഀ Conversionഀ 2008ഀ level)ഀ 36 feetഀ (east) = 48ഀ feetഀ " The September 26, 1989 Staff memorandum states that the conversion was on the 1St 2nd andഀ 3rd floors and primarily on the 2nd and 3rd floors. Neither the memorandum, nor the floor plansഀ specified square footages. The building has since been redeveloped, therefore Staff could notഀ visit the site to measure the area.ഀ IV. ROLES OF THE REVIEWING BOARDSഀ Order of Review:ഀ Generally, applications will be reviewed first by the PEC for impacts ofഀ use/development, then by the DRB for compliance of proposed buildings and siteഀ 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 setഀ forth in Section 12-9A-8: Design Criteria and Necessary Findings, Vail Townഀ Code.ഀ 4ഀ Design Review Board:ഀ The Design Review Board has no review authority over a Major or Minorഀ Amendment to a Special Development District (SDD), but must review anyഀ accompanying Design Review Board application.ഀ Town Council:ഀ Upon receipt of the report and recommendation of the Planning andഀ Environmental Commission, the Town Council shall set a date for hearing withinഀ the following thirty (30) days. Within twenty (20) days of the closing of a publicഀ hearing on a proposed SDD, the Town Council shall act on the petition orഀ proposal. The Town Council shall consider but shall not be bound by theഀ recommendation of the Planning and Environmental commission. The Townഀ Council may cause an ordinance to be introduced to create or amend a specialഀ development district.ഀ V. APPLICABLE PLANNING DOCUMENTSഀ Vail Town Codeഀ 12-9A: Special Development (SDD) Districtഀ 12-9A-1: PURPOSE: The purpose of the special development district is toഀ encourage flexibility and creativity in the development of land in order toഀ promote its most appropriate use; to improve the design character andഀ quality of the new development with the town; to facilitate the adequateഀ and economical provision of streets and utilities; to preserve the naturalഀ and scenic features of open space areas; and to further the overall goalsഀ of the community as stated in the Vail comprehensive planഀ 12-9A-2: DEFINITIONS (in part)ഀ Major Amendment: Any proposal to change uses; increase grossഀ residential floor area; change the number of dwelling or accommodationഀ units; modify, enlarge or expand any approved special developmentഀ district (other than `minor amendments' as defined in this section).ഀ 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please seeഀ section VII of this memo which states and discusses Section 12-9A-8.ഀ 12-7A: PUBLIC ACCOMODATION (PA) DISTRICTഀ 12-7A-1: PURPOSE: The public accommodation district is intended toഀ provide sites for lodges and residential accommodations for visitorsഀ together with such public and semipublic facilities and limited professionalഀ offices, medical facilities, private recreation commercial/retail and relatedഀ visitor oriented uses as may appropriately be located within the sameഀ zone district and compatible with adjacent land uses The publicഀ accommodation district is intended to ensure adequate light, air, openഀ space, and other amenities commensurate with lodge uses, and toഀ maintain the desirable resort qualities of the zone district by establishingഀ 5ഀ appropriate site development standards. Additional nonresidential usesഀ are permitted as conditional uses which enhance the nature of Vail as aഀ vacation community, and where permitted uses are intended to functionഀ compatibly with the high density lodging character of the zone district.ഀ Town of Vail Land Use Planഀ Chapter I - Introduction - 1. Purpose of Project (in part):ഀ This document is intended to serve as a basis from which future decisions mayഀ be made regarding land use within the Valley. The primary focus of the Landഀ Use Plan has been to address the long-term needs and desires of the Town as itഀ matures.ഀ Chapter ll - Land Use Plan Goals and Policies:ഀ Staff has included the relevant Goals and Policies of the Land Use Plan inഀ Section VII, Criteria D, of this memorandum.ഀ Vail Village Master Planഀ Staff has included the relevant Objectives and Policies of the Vail Village Masterഀ Plan in Section VII, Criteria D, of this memorandum. The subject property isഀ within Vail Village Master Plan `Mixed Use Sub-Area #1,' shown below.ഀ MIXED USE SUB-AREA W)ഀ 6ഀ The Mixed-Use sub-area is a prominent activity center for Vail Village. It isഀ distinguished from the Village core by the larger scale buildings and by the limitedഀ auto traffic along East Meadow Drive. Comprised of five major development projects,ഀ this sub-area is characterized by a mixture of residential/lodging and commercialഀ activity.ഀ There is a great deal of potential for improvements to both public and private facilities inഀ the area. Among these is the opportunity to develop gateway entries to the Village at theഀ 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long termഀ goal to strengthen the connection between this area and the Village core area byഀ reinforcing the established pedestrian linkages. Pedestrianization in this area may;ഀ benefit from the development of retail infill with associated pedestrian improvementsഀ 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 withഀ the development of the final, phase of the Vail village Inn project. In addition, commercialഀ and residential/lodging development potential is identified in sub-area concepts 3, 4, 6ഀ 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 beഀ completed as established by development planഀ for SDD #6. Commercial development at groundഀ level to frame interior plaza with greenspaceഀ Mass of buildings shall "step up" from existingഀ pedestrian scale along Meadow Drive to 4-5ഀ stories along the Frontage Road. Design must beഀ sensitive to maintaining view corridor from 4-wayഀ stop to Vail Mountain.ഀ #1-6 Crossroads Infill (Map right)ഀ Commercial infill over new underground parkingഀ lot in conjunction with a large public plaza withഀ greenspace area (existing and new parkingഀ demand to be provided on site). Whileഀ configuration of infill may be done a number ofഀ ways, it is the overall intention to replace existingഀ surface parking with pedestrian corridors into aഀ commercial area, as well as to provide a strongഀ building edge on Meadow Drive and streetscapeഀ improvements. Improvement of the planted bufferഀ adjacent to the Frontage Road is also important.ഀ Relocation of loading and delivery functions andഀ entry to parking structure from Frontage Road isഀ strongly encouraged to reduce traffic on Meadowഀ Drive. Potential to improve fire access also existsഀ in the redevelopment scheme.ഀ 7ഀ VI. ZONING AND LAND USEഀ Zoning: Special Development District No. 6 andഀ Public Accommodation (PA) Districtഀ Land Use Plan Designation: Village Master Planഀ Lot size: 3.45 acres or 150,282 square feetഀ Development Standard Allowed Existing Proposedഀ GRFA:ഀ Per Staff Memo*ഀ 186,561 sfഀ 187,798 sfഀ (+1,237 sf)ഀ Retail Area:ഀ Per Staff Memo*ഀ 43,566 sfഀ 42,329 sfഀ (-1,237 sf)ഀ Setbacks for Building No 2,ഀ Phase III (subject site):ഀ North:ഀ Per Dev. Plan**ഀ 20' to bldg.ഀ No Changeഀ South:ഀ Per Dev. Plan**ഀ 24' to prop. lineഀ No Changeഀ East:ഀ Per Dev. Plan**ഀ 16' to prop. lineഀ No Changeഀ West:ഀ Per Dev. Plan**ഀ 0' to prop. lineഀ No Changeഀ Building Height for Building No 2, Phase III (subject site):ഀ Per Dev. Plan** -35.5' No Changeഀ Parking: Per Staff Memo* 291 spaces No Physicalഀ Changeഀ *Note: The number of required parking spaces inഀ the Vail Village Core Parking Area, for a dwelling isഀ 1.4 spaces, for office is 2.7 per 1,000 (115 sfഀ decrease - .31 spaces) and for retail is 2.3 perഀ 1,000 sf (1,084 sf decrease - 2.5 spaces).ഀ Therefore, the parking requirement would decreaseഀ by 2.81 spaces, with the loss of 1,237 sf ofഀ commercial. One existing, underground parkingഀ space is proposed to be deeded to residential unitഀ #110 if the proposal is approved.ഀ Site Coverage: Per Staff Memo* 92,036 sf (61 No Changeഀ Landscape Area: Per Staff Memo* 36,433 sf (30%) No Changeഀ Employee Housing: The proposed addition triggers an employeeഀ 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 fromഀ 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 fromഀ the approved development plans dated 4-4-80, revised 2-2-81, drafted by Santangelo-Dahmanഀ Architects.ഀ VII. REVIEW CRITERIA AND FINDINGSഀ Section 12-9A-8, below, outlines the design criteria for Special Developmentഀ Districts. Staff has responded to each of the criteria as they relate to theഀ proposed conversion of existing office and retail space to residential for anഀ addition to an existing dwelling unit.ഀ 12-9A-8: DESIGN CRITERIA:ഀ The following design criteria shall be used as the principal criteria in evaluatingഀ the merits of the proposed special development district. It shall be the burden ofഀ the applicant to demonstrate that submittal material and the proposedഀ development plan comply with each of the following standards, or demonstrateഀ that one or more of them is not applicable, or that a practical solution consistentഀ 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, visualഀ integrity and orientation.ഀ Staff believes the proposed exterior alterations, including new windowsഀ and a door are compatible with the existing building architecture. Thereഀ are no exterior building additions proposed.ഀ B. Uses, activity and density which provide a compatible, efficient andഀ workable relationship with surrounding uses and activity.ഀ Staff believes the proposed use change of the existing commercial serviceഀ (Digits Nail Boutique), office (Robinson, Mitchell & Associates) and retailഀ (To Catch a Cook) on the pedestrian level of the building is inconsistentഀ with the surrounding uses and activity. The proposed addition will privatizeഀ the pedestrian-level fapade and create an un-welcoming, in-active, darkഀ plaza frontage that will hinder the existing, adjacent retail (Tezla Lingerie)ഀ and showroom (Claggett-Rey Gallery) activity in the pedestrian plaza. Theഀ subject site is within the Public Accommodation Zoning District, whichഀ purpose states: permitted uses are intended to function compatibly with theഀ high density lodging character of the zone district. Staff believes theഀ conversion of existing commercial space within Vail Village's core, toഀ residential, would be in conflict with the intent of the Public Accommodationഀ District, in that a private residence, on the pedestrian level, does not serviceഀ guests or function compatibly with the public use of the pedestrian plaza.ഀ The adjacent property, directly to the east, Solaris, is currently underഀ construction. The proposed plans include a pedestrian tunnel that will linkഀ the Vail Village Inn pedestrian plaza (subject property) with the proposedഀ Solaris plaza and shops. The tunnel, when complete, will provide aഀ pedestrian connection that increases circulation and vibrancy through theഀ retail corridor. The pedestrian connection in the subject property retail areaഀ is highlighted as part of the Village pedestrian network, illustrated in the Vailഀ 9ഀ Village Master Plan -'Parking and Circulation Plan' (below).ഀ aഀ t /.a M 5 s a s:ഀ 1ഀ Yl~ഀ iഀ PARKING ANDഀ CIRCULATIONഀ 1 r PLANഀ iഀ LEGEND q _ഀ r rxau crE.cgss ~:a+me auevr.-anayaxcഀ i _ ..T.......,x.......~ rrov Fares ~ഀ g wn .a~~.,_.w Alllxx ~p.NexrltMf rG Zn.F. _ഀ Staff has attached citizen and business owner letters and emailsഀ (Attachment E). Please note, that the letter from Mr. Robinson ofഀ Robinson, Mitchell & Associates LLC, states that he is in support if he canഀ continue his office operations in the same building. An office use is aഀ Conditional Use in the Public Accommodation District, and with theഀ proposed change in office size, Staff would require a Conditional Useഀ Permit (CUP) application to re-evaluate the CUP criteria related to theഀ proposed changes.ഀ C. Compliance with parking and loading requirements as outlined inഀ Chapter 12-10 of the Vail Town Code.ഀ The proposed conversion of 1,237 square feet of commercial to residentialഀ would reduce the parking requirement within SDD No. 6, by 2.81 spaces asഀ calculated in Section VI, Zoning, above. The proposal includes plans toഀ 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 theഀ following with regard to loading and delivery:ഀ Section 5.9. "That the Developer provides a centralized loading/deliveryഀ facility for the use of all owners and tenants within Specialഀ 10ഀ Development District No. 6. Access or use of the facility shall notഀ be unduly restricted for Special Development District No. 6. Theഀ loading/delivery facility, including docks, berths, freight elevators,ഀ service corridors, etc., may be made available for public and/orഀ private loading/delivery programs, sanctioned by the Town of Vail,ഀ to mitigate loading/delivery impacts upon the Vail Villageഀ loading/delivery system.'ഀ It shall be noted that any proposal in Phase III, if approved, would require aഀ link to the loading /delivery system mentioned in the above provision.ഀ Specifically, a condition of approval shall require a new loading and deliveryഀ garage door on the west end of the existing underground parking garageഀ (Under Building No. 1 in Phase III) that aligns with the Plaza's existingഀ loading and delivery garage door at the east end of the undergroundഀ parking garage, accessed off the South Frontage Road. The garage doorഀ addition will provide loading and delivery services to Phase III and would beഀ a condition of approval for any proposal in Phase III. Since this applicationഀ was submitted, a building permit was submitted to comply with the aboveഀ mentioned loading requirement, and is currently being reviewed.ഀ Dഀ Conformity with the applicable elements of the Vail Comprehensiveഀ Plan.ഀ Staff believes the proposal, to convert existing office and retail space,ഀ fronting on a major pedestrian way in Vail Village, to residential for anഀ addition to an existing dwelling unit is in conflict with the following sectionsഀ of the Town of Vail Land Use Plan and Vail Village Master Plan.ഀ Vail Land Use Planഀ Chapter 11 - Land Use Plan Goals and Policies (in part)ഀ The goals articulated here reflect the desires of the citizenry as expressedഀ through the series of public meetings held throughout the project. Theseഀ goal statements should be used in the evaluation of any developmentഀ proposal.ഀ 1. General Growth/Developmentഀ 1.1 Vail should continue to grow in a controlled environment,ഀ maintaining a balance between residential, commercial andഀ recreational uses to serve both the visitor and the permanentഀ resident.ഀ 3. Commercialഀ 3.4 Commercial growth should be concentrated in existing commercialഀ areas to accommodate both local and visitor needs.ഀ Staff believes this goal to concentrate commercial growth in existingഀ commercial areas supports a desire to also keep existing commercial spaceഀ within existing commercial areas.ഀ 11ഀ 4. Village Core/ Lionsheadഀ 4.1 Future commercial development should continue to occurഀ primarily in existing commercial areas. Future commercialഀ development in the Core areas needs to be carefully controlled toഀ facilitate access and delivery.ഀ 4.2 Increased density in the Core areas is acceptable so long as theഀ existing character of each area is preserved throughഀ implementation of the Urban Design Guide Plan and the Vailഀ Village Master Plan.ഀ Vail Village Master Planഀ 2.4 Obiective:ഀ Encourage the development of a variety of new commercialഀ activity where compatible with existing land uses.ഀ 2.4.1 Polic :ഀ Commercial infill development consistent with establishedഀ horizontal zoning regulations shall be encouraged to provideഀ activity generators, accessible greenspaces, public plazas,ഀ and streetscape improvements to the pedestrian networkഀ throughout the Village.ഀ 3.1 Obiective:ഀ Physically improve the existing pedestrian ways byഀ landscaping and other improvements.ഀ 3.1.1 Policy:ഀ Private development projects shall incorporate streetscapeഀ improvements (such as paver treatments, landscaping,ഀ lighting and seating areas), along adjacent pedestrian waysഀ 3.3 Obiective:ഀ Encourage a wide variety of activities, events., and street lifeഀ along pedestrian ways and plazas.ഀ 4.1 Obiective:ഀ Recognize the different roles of each type of open space inഀ forming the overall fabric of the Village.ഀ 4.1.2 Policy:ഀ The development of new public plazas, and improvementsഀ to existing plazas (public art, streetscape features, seatingഀ areas, etc.) shall be strongly encouraged to reinforce theirഀ roles as attractive people places.ഀ E. Identification and mitigation of natural and/or geologic hazards thatഀ affect the property on which the special development district isഀ proposed.ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposedഀ additions are not located in any geologically sensitive areas or within theഀ 100-year floodplain of Gore Creek or its tributaries.ഀ 12ഀ F. Site plan, building design and location and open space provisionsഀ designed to produce a functional development responsive andഀ sensitive to natural features, vegetation and overall aesthetic qualityഀ of the community.ഀ The proposed addition does not disturb any natural features or vegetation.ഀ G. A circulation system designed for both vehicles and pedestriansഀ addressing on and off-site traffic circulation.ഀ The proposed conversion of existing office and retail space to residential forഀ an addition to an existing dwelling unit on the existing pedestrian plaza levelഀ will be detrimental to the pedestrian/ visitor experience by limiting theഀ activity and vibrancy on the pedestrian circulation corridor. As mentioned inഀ Criteria B, above, the subject property pedestrian plaza is part of the Villageഀ Pedestrian Network, designated in the Vail Village Master Plan - `Parkingഀ and Circulation Plan.'ഀ It shall be noted that any proposed changes to Building No. 2 of Phase IIIഀ (subject property), if approved, shall require the improvement of theഀ pedestrian walkway, pursuant to policies in the Vail Village Master Plan, onഀ the east side of Building No. 2, connecting the north pedestrian plaza withഀ the East Meadow Drive walkway. Improvements shall include, but not beഀ limited to, resurfacing, landscaping and ADA (American's with Disabilityഀ Act) compliance.ഀ H. Functional and aesthetic landscaping and open space in order toഀ optimize and preserve natural features, recreation, views andഀ functions.ഀ No changes to landscaping are proposed through this request. However, ifഀ approved, Staff would recommend a condition of approval be added toഀ improve the landscaping on the east side of Building No. 2 along theഀ pedestrian walkway.ഀ I. Phasing plan or subdivision plan that will maintain a workable,ഀ functional and efficient relationship throughout the development ofഀ the special development district.ഀ The addition is not proposed in phases.ഀ Vlll. STAFF RECOMMENDATIONഀ The Community Development Department recommends that the Planning andഀ Environmental Commission forwards a recommendation of denial for a majorഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant toഀ Article 12-9A, Special Development District, Vail Town Code, to the Vail Townഀ Council. Staff's recommendation is based upon the review of the criteria found inഀ Section VII of this memorandum and the evidence and testimony presented.ഀ 13ഀ Should the Planning and Environmental Commission choose to forward aഀ recommendation of denial to the Vail Town Council of this proposed amendmentഀ to a Special Development District, the Department of Community Developmentഀ recommends the Commission pass the following motion:ഀ "The Planning and Environmental Commission recommends denial of aഀ major amendment to Special Development District No. 6, Village Innഀ Plaza, pursuant to Article 12-9A, Special Development District, Vail Townഀ Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68ഀ 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 aഀ recommendation of denial to the Vail Town Council of this proposed amendmentഀ to a Special Development District, the Department of Community Developmentഀ recommends the Commission makes the following findings:ഀ "The Planning and Environmental Commission finds:ഀ That the amendment is in-consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Section VIIഀ of the Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does not further the general and specificഀ purposes of the Zoning Regulations, based upon the review outlinedഀ in Section VII of the Staffs September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 3. That the amendment does not promote the health, safety, morals,ഀ and general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in a mannerഀ that conserves and enhances its natural environment and itsഀ established character as a resort and residential community of theഀ highest quality, based upon the review outlined in Section Vll of theഀ Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission.ഀ IX. ATTACHMENTSഀ A. Vicinity Mapഀ B. Proposed Architectural Plansഀ C. Inclusionary Zoning (Employee Housing) Requirementഀ D. Applicant letterഀ E. 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Net New GRFA for Colondo Company Residenceഀ A. Residential Increase = Inclusionary Zoningഀ Increase in GRFA = 1,237 sq ft increaseഀ Inclusionary Zoning requirement = 10 percent of net new residential sq ftഀ 1237 sq ft x 10 % = 123.7 sq ft required deed restricted employeeഀ housingഀ B. Possible Method of Mitigation for Inclusionary Zoningഀ 1. Fee-in-Lieuഀ i. Provide a fee-in-lieu payment to the Town of Vail ofഀ 123.7 sq ft x $301.65 / sq ft = $37,314.11ഀ II. Payment of the Fee-in-Lieuഀ A. Payment of the fee-in-lieu of $37,314.11 must be paid prior to the issuanceഀ of a building permit for the projectഀ 29ഀ Attachment D:ഀ Applicant letterഀ Sherman & Howard L.L.C.ഀ ATTORNEYS X. CMNS[LORS AT LAWഀ f000 South rroneage R..d West . Sakr 200ഀ VAIL. COLORA©061657ഀ TruriloxE: (470) 475-76"ഀ FAX; (970) 476-i 116ഀ OFFFCCS IN: TXWEit - COLORA00 SFRSNGSഀ PHOENIX RENO - LAS V r;0ASഀ Timothy N. DvAiaഀ Direct Dial N (910) 79-0.1605ഀ £-mail: teierlin(ashermanharyard.cewsഀ Town of Vailഀ Department of Community Developmentഀ 75 South Frontage Roadഀ Vail, CO 81657ഀ Attn: Nicole Peterson, Plannerഀ September 24, 2008ഀ Re: Colondo Company, Unit #602, Village Inn Plazaഀ Request for Approval for a Major Amendment to SDD #6 to Increase the Totalഀ 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 toഀ Applicant Colondo Company's pending application for a. Major Amendment to SDD #6. This letter andഀ 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 residentialഀ floor area (GRFA) within the district from 186,561 sq. ft. to 187,798 sq. fl. The Applicant is proposing toഀ combine Unit #1110 with a portion of Unit #602 located immediately below. Unit #602 currently totalsഀ 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'sഀ Lingerie (979 sq. ft).ഀ The o~rtion of Unit #602 that the Applicant is proposing to convert from retail and office uses toഀ 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 Lineഀ Architects for the Applicant, which have been revised from the original submission. GRFA has beenഀ reduced from 1,483 sq. ft, to 1,237 sq. ft., and 147 of 312 sq, ft. of Robinson Mitchell's space is retainedഀ as office/ retail use. There are two primary components to the proposed project request: (1) conversion ofഀ 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') toഀ 30ഀ Sherman & Howard L.L.C.ഀ become a dining area. Additional minor alterations to existing Unit #110 include the addition of a powderഀ 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 Developmentഀ Standards in the Property's Underlyin; Zone District:ഀ The underlying zoning district is Public Accommodation (PA). The proposed project does notഀ deviate from the Development Standards in the PA District. The Applicant is requesting to increase theഀ 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. isഀ 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 requiredഀ to have a minimum of 1.4 parkin spaces. Therefore, the addition of 1,237 sq. ft. of GRFA to Unit #1110ഀ 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 areaഀ 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., whichഀ results in a reduction of 2.5 parking spaces (based on requirement of 2.3 spaces per 1,000 sq. tt.); andഀ Professionallbusiness office area being eliminated from Unit #602 equals 115 sq. ft., which results in aഀ 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 SPACESഀ IV. Design Criteria for Evaluating the Merits of the Proposed (Changes to) Specialഀ Development District (from Town Code 12-9A-8):ഀ A. Design compatibility and sensitivity to the immediate environment, neighborhood andഀ adjacent properties relative to architectural design, scale, bulk, building height, bufferഀ zones, identity, character, visual integrity and orientation.ഀ 31ഀ Sheer lean & Howard L.L.C.ഀ The proposed exterior alterations, including new windows and an entry door are compatible withഀ the existing building architecture. There are no exterior building additions proposed.ഀ B. Uses, activity and density which provide a compatible, efficient and workable relationshipഀ with surrounding uses and activity.ഀ The proposed conversion and additional GRFA are consistent with the surrounding uses andഀ activities, and would likely result in increased activity in the area since Unit 110 is occupied by theഀ Applicant and its guests, on average, eighty (80) days per ski season. Note that Digits will be relocatedഀ within the same building at a different location, as will the portion of To Catch a Cook being convertedഀ (more below).ഀ Note also that the portion of Robinson Mitchell's space proposed to be converted from office toഀ residential use is 115 sq. ft., and the portion of To Catch a Cook's space to be converted from retail toഀ residential use is 976 sq, ft. Both spaces are interior to the building, and do not front directly onto theഀ pedestrian plaza. Thus, of the 1,199 sq. ft. that is proposed to be converted from retail and office uses toഀ residential use, only 108 sq. ft. (Digits) has direct frontage along the pedestrian plaza; the remaining 1,091ഀ sq. ft. (115 976) is interior to the building. To Catch a Cook will reconfigure its leased space to includeഀ the area currently occupied by Tezla's, which has decided not to renew its lease. The 108 sq. ft. fromഀ Digits' space will be used to accommodate a small entry foyer and new stairway to Unit #110 as shownഀ on the enclosed revised floor plans.ഀ C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vailഀ Town Cade.ഀ 1. Parking:ഀ a. Residential Use. Village Inn Plaza is located within Commercial Core Area Parking Mapഀ 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 1,237ഀ 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 officeഀ and retail area from a portion of Unit #6132 will result in an overall decrease in parking required asഀ follows:ഀ Retail and personal service area being converted from Unit #602 equals 1,084 sq. ft. (108ഀ 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., whichഀ 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 applicableഀ elements of the Vail Comprehensive Plan, Vail Land Use Plan, and the Village Master Plan. It should beഀ 32ഀ Sherman & Howard L.L.C.ഀ noted that similar requested conversions for increased GRFA within SDD #6 have been approved byഀ 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 toഀ convert portions of then Units 17 and 29 (formerly Phoenix Rising and Steven Reeve Art Galleryഀ locations) from retail/commercial use to a new dwelling unit, thereby adding 2,104 sq. ft. ofഀ GRFA to SDD #6 (and increasing density). Entry to this new Unit #29 is directly from of theഀ pedestrian walkway. (See Ordinance No. 6, Series of 2005, and staff memo to PEC datedഀ 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 toഀ convert a portion of the Alpenrose to a new dwelling unit, thereby adding 2,132 sq. ft. of GRFAഀ to SDD #6 (and increasing density). Entry to this new unit is also directly from the pedestrianഀ 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 onഀ which the special development district is proposed.ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposed conversion area isഀ not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or itsഀ tributaries.ഀ F. Site plan, building design and location and open space provisions designed to produce aഀ functional development responsive and sensitive to natural features, vegetation and overallഀ 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-siteഀ traffic circulation.ഀ The proposed conversion of existing office and retail space to residential use for an addition toഀ Applicant's existing dwelling unit will have no detrimental impact on vehicular or pedestrian circulationഀ on or off-site. See Section IV. 13 above.ഀ IL Functional and aesthetic landscaping and open space in order to optimize and preserveഀ 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 efficientഀ relationship throughout the development of the special development district.ഀ The addition is not proposed. in phases.ഀ 33ഀ Sherman & Howard L.L.C.ഀ Thank you again for your assistance in working through the issues that have arisen as a result ofഀ Colondo Company's Application. Please do not hesitate to contact me directly if you have any questionsഀ or would like additional information.ഀ Very Truly "Yours,ഀ SHERMAN & HOWARD L.L.C.ഀ Timothy Devlinഀ 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 Referenceഀ cc: A. Chedrauiഀ I Stauferഀ S. Brummettഀ 34ഀ Attachment E:ഀ Citizen Letters and Emailsഀ From: <dten1195co@aol.com>ഀ To: <npeterson@vailgov.com>ഀ Date: 08118/2008 3:16 PMഀ Subject: Rezoningഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plazaഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety ofഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and seeഀ what is happening and that leads to shopping and diningl We need more businesses in Vail Village notഀ more residences.ഀ Sincerely, Deborah Tennant 476-8523ഀ Sent via BlackBerry by AT&Tഀ 35ഀ 100 E. Meadow Drive. Suite 6ഀ Vail Colorado 81657ഀ UNITED STt117ES OF AMERICAഀ Phone 970 477-215; Fax 470 477-2155ഀ obinson, Mitchel l& Associates LLCഀ Tuesday, September 23, 2008ഀ Town of Vailഀ Planning Boardഀ Vail Co. 81657ഀ Sirs and Madamsഀ I have my office in a portion of the property known as Unit 602 Village Inn Plazaഀ Condominium that is currently in the process of converting a portion into residential that is nowഀ commercial. I will loose a part or all of the sq. footage of my existing Real Estate office in theഀ conversion.ഀ I had agreed from the onset to relinquish the lease interest in my portion for theഀ redevelopment. I am certainly willing to do so and I approve the change if I am able to remainഀ 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 partiesഀ and is strictly a destination space for myself and , I believe, Didgits space as well. I am sure theഀ Didgits space located in a portion of what is now Tezla's will be comparable if not better for theഀ tenant.ഀ I would be glad to answer any questions you might have.ഀ Sincerely,ഀ William (Robby) Robinsonഀ Robinson mitchell & Associatesഀ Quality Service and Detailed .ഀ Attention to all our clients needs alഀ all times.ഀ 36ഀ Plan" and Environmental Commmionഀ Tovrn of Nallഀ Jail Colorado 81657ഀ September 23, ZW8ഀ To whom it may wncern,ഀ The undersigned supports the conversion of the present backഀ part !of the unit owned lay Mr. Chedraui.ഀ Thelspace under consideration is not prime corrsxnercial and 1ഀ public.ഀ Being part of a residential unit is a much better use for theഀ This is in keeping with prior conversions in SDD 6 which allഀ to be used Ivor residential, ( Ralph Lauren Polo Shop, Alperuഀ Your tnily,ഀ of commercial to beഀ no exposure to theഀ d marginal commercialഀ Main' Dressing Salon )ഀ 37ഀ Planning and Environmental Commissionഀ Town of Vailഀ Vail Colorado 81657ഀ September 23, 20018ഀ To whom it may concern,ഀ The undersigned supports the conversion of the present back space of commercial to beഀ part of the unit owned by Mr. Chedraui.ഀ The space under consideration is not prime commercial and has no exposure to theഀ 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 cotwnercialഀ to be used for residential. (Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )ഀ Yours truly, _ഀ ~)14?so _sd.vdFഀ 38ഀ Planning and Environmental Commissionഀ Town of Vailഀ Vail Colorado 81657ഀ September 23, 2008ഀ To whom it may concern,ഀ The undersigned supports the conversion of the present back space of commercial to beഀ part of the unit owned by Mr. Chedraui.ഀ The space under consideration is not prune commercial and has no exposure to theഀ 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 commercialഀ to be used for residential. (Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )ഀ Yours truly,ഀ Cr)o-ഀ 39ഀ SUPPLEMENT MEMORANDUMഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: October 13, 2008ഀ SUBJECT: SUPPLEMENT TO STAFF MEMORANDUM DATED OCTOBER 13, 2008ഀ regarding a request for a final recommendation to the Vail Town Council onഀ a major amendment to Special Development District No. 6, Vail Village Inn,ഀ pursuant to Article 12-9A, Special Development District, Vail Town Code, toഀ allow for the conversion of an existing office and retail space to residentialഀ for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lotഀ O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.ഀ (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard, LLCഀ Planner: Nicole Petersonഀ I. SUMMARYഀ Since the original Staff Memorandum was sent to the Planning and Environmentalഀ Commission, Staff has become aware of illegal construction on the subjectഀ 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 woodഀ retaining walls were installed at either end of said walkway (Attachment A:ഀ Photos). The construction and demolition requires a Design Review applicationഀ under section 12-11-3, Vail Town Code.ഀ I1. STAFF RECOMMENDATIONഀ With new knowledge of the illegal construction on the subject property, theഀ Community Development Department recommends the Planning andഀ Environmental Commission tables indefinitely, the request for major amendmentഀ to SDD No. 6, Village Inn Plaza.ഀ Should the Planning and Environmental Commission choose to table indefinitelyഀ this proposed amendment, the Department of Community Developmentഀ recommends the Commission pass the following motion:ഀ "The Planning and Environmental Commission recommends the requestഀ for major amendment to Special Development District No. 6, Village Innഀ Plaza, number PEC 08-0049, be tabled indefinitely, with the followingഀ finding:ഀ That construction and demolition has commenced on the subject propertyഀ in violation of Section 12-11-3, Vail Town Code and the Planning andഀ Environmental Commission will not hear the request until the illegalഀ construction has been resolved."ഀ Attachment A: Photosഀ Iഀ 10ഀ VAIL TOWN COUNCILഀ WORK SESSION AGENDAഀ VAIL TOWN COUNCIL CHAMBERSഀ 75 S. Frontage Road W.ഀ Vail, CO 81657ഀ 12:10 P.M., TUESDAY, OCTOBER 21, 2008ഀ NOTE: Times of items are approximate, subject to change, andഀ cannot be relied upon to determine at what time Councilഀ will consider an item.ഀ Council will be served lunch.ഀ 1. Nicole Peterson ITEM/TOPIG Site Visit. -First reading of Ordinance No. 22, Seriesഀ of 2008, repealing and re-enacting Ordinance No. 6, Series ofഀ 2005, Vail Village Inn, amending and re-establishing the approvedഀ development plan for Phase III of Special Development Districtഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office andഀ retail space to residential for an addition to an existing dwellingഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Villageഀ Filing 1, and setting forth details in regard thereto. (30 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 22, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 13, 2008, theഀ Planning and Environmental Commission voted 2-1-1 (Kurzഀ opposed, Pierce recused) to forward a recommendation ofഀ approval to the Town Council for the proposed amendments forഀ SDD No. 6, Vail Village Inn, Phase III.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council denies Ordinance No. 22, Series of 2008, on first reading.ഀ 2. George Ruther • ITEM/TOPIC( ,Site Visit,) First reading of Ordinance No. 23, Seriesഀ of 2008, an ordmar~e amending Chapter 12-22, View Corridors,ഀ Vail Town Code, pursuant to Section 12-22-4, Adoption of Viewഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, toഀ adopt two new view corridors and amend one existing viewഀ corridor in LionsHead, and setting forth details in regard thereto.ഀ (30 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 23, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 13, 2008, theഀ Planning and Environmental Commission voted 3-0-1 (Pierceഀ abstained) to forward a recommendation of approval to adopt twoഀ new view corridors and amend one existing view corridor inഀ LionsHead, pursuant to the recommendations outlined in Chapterഀ 4, Recommendations-Overall Study Area, Public View Corridors,ഀ LionsHead Redevelopment Master Plan, and setting forth detailsഀ in regard thereto.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 23, Series of 2008, on firstഀ reading.ഀ 3. Warren Cambell ITEMITOPIC: PEC/DRB Update. (15 min.)ഀ 4.Rachel Friede ITEM/TOPIC: The purpose of this work session is to discuss theഀ Town's policies and adopted land use regulations that bothഀ directly and indirectly affect development on sites with steepഀ slopes. (20 min.)ഀ BACKGROUND RATIONALE: In recent years, the Town hasഀ seen unprecedented growth within its boundaries. Due to theഀ 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 lotsഀ within the Town are mostly located on slopes of 30% or greater.ഀ This has resulted in an increase in development applications forഀ structures on lots with slopes of 30% or greater. While the Townഀ has regulations to provide structure to developing on steep lots,ഀ the question remains as to whether these regulations and theirഀ effects are in line with Town policies.ഀ ACTION REQUESTED OF COUNCIL: Staff requests that the Vailഀ Town Council listen to the presentation, ask any pertinentഀ questions, and provide feedback to Staff. Because this is a workഀ session, Staff does not request that any action be taken at thisഀ time.ഀ 5. Kent Logan ITEM/TOPIC: Local Economy Discussion. (45 min.)ഀ Johannes Faesslerഀ Harry Framptonഀ 6. Greg Hall ITEM/TOPIC: Review a concept sketch plan on the North Day Lotഀ which includes the shuttle drop off, in addition to Vail Resortsഀ Development Company (VRDC) employee housing and skier dropഀ off. Provide staff direction on additional information needed toഀ Cഀ VAIL TOWN COUNCILഀ EVENING SESSION AGENDAഀ VAIL TOWN COUNCIL CHAMBERSഀ 75 S. Frontage Road W.ഀ Vail, CO 81657ഀ 6:00 P.M., TUESDAY, OCTOBER 21, 2008ഀ NOTE: Times of items are approximate, subject to change, andഀ cannot be relied upon to determine at what time Councilഀ 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 andഀ staff have begun a comprehensive initiative called Sustainableഀ Communities 2010. This effort will provide local decision makersഀ quantifiable "quality of life" data and information, along withഀ suggested tools, in order to assist in decision making whenഀ developing public policy toward sustainable communitiesഀ throughout Eagle County. The program is in direct support of ourഀ organizational mission statement, which is "To be the model ofഀ excellence for mountain communities by 2010."ഀ The purpose of Sustainable Communities 2010 is to first quantifyഀ resident's needs and levels of service, then recommend solutionsഀ to ensure impacts associated with growth are mitigated andഀ adequate services provided, to meet the demands of theഀ population. Sustainable Communities 2010 comprehensivelyഀ considers the economic, social and environmental challenges thatഀ arise from growth. Perhaps the most important aspect of theഀ initiative is the sharing of this information with towns and otherഀ community leaders, through ongoing communication andഀ 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 directionഀ on the proposed policies and goals identified in the Draft Vailഀ Environmental Sustainability Plan.ഀ BACKGROUND RATIONALE: The Vail Town Council will beഀ adopting an Environmental Sustainability Plan. The action stepsഀ identified in the Vail Environmental Sustainability Plan are basedഀ on achieving those goals.ഀ ACTION REQUESTED BY TOWN COUNCIL: Provide staff withഀ direction with respect to identification and prioritization ofഀ environmental sustainability policies and goals. This will allow staffഀ to continue developing the Environmental Sustainability Planഀ consistent with Town Council's expectations. It is the intention ofഀ the Town of Vail Environmental Team to work with the Townഀ Council on the development of action steps in the next 60 daysഀ that leads to the adoption of this plan. The adopted Vailഀ Environmental Sustainability Plan will lead the actions of staff andഀ the Community Development Department.ഀ 5. George Ruther ITEMITOPIC: Presentation to the Vail Town Council on the currentഀ status of the Ever Vail redevelopment, which will include theഀ application submittals, the process, and roles and responsibilitiesഀ of the Town moving forward. (20 min.)ഀ ACTION REQUESTED OF COUNCIL: There is no action requestedഀ of Council at this time.ഀ BACKGROUND RATIONALE: The redevelopment of the area knownഀ as Ever Vail is an intricate project with many applications and stepsഀ within the development review process. Staff and Vail Resortsഀ Development Company have scheduled a presentation with the Vailഀ Town Council in an effort to communicate the applications and reviewഀ process for Ever Vail. A presentation to the Vail Town Council willഀ include the review steps that are completed and the anticipated futureഀ steps in the review of the Ever Vail redevelopment. Furthermore it willഀ include the roles and responsibilities of the Town Council, Planningഀ and Environmental Commission, and Design Review Board.ഀ 6. Greg Hall ITEM/TOPIC: Update on 1-70 noise issues including noise readingഀ Dwight Henninger results of 1-70 noise in a before and after comparison of the 1-70ഀ overlay project. (30 min.)ഀ ACTION REQUESTED OF COUNCIL: Listen to the presentationഀ and ask questions and provide direction.ഀ BACKGROUND RATIONALE: 1-70 noise mitigation has been aഀ priority of numerous Town Councils. Various studies have beenഀ performed in determining the best strategies on mitigating noise inഀ Vail. In 2005 the council adopted a multi-prong approach toഀ mitigating noise. The four major components were:ഀ Enforcement.ഀ • Education.ഀ • Engineering.ഀ • Legislation.ഀ This is an update on the progress on the various programs. Theഀ full report can be viewed at http://www.vailgov.com look at currentഀ 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, Vailഀ Village Inn, amending and re-establishing the approvedഀ development plan for Phase III of Special Development Districtഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office andഀ retail space to residential for an addition to an existing dwellingഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Villageഀ Filing 1, and setting forth details in regard thereto. (20 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 22, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 13, 2008, theഀ Planning and Environmental Commission voted 2-1-1 (Kurzഀ opposed, Pierce recused) to forward a recommendation ofഀ approval to the Town Council for the proposed amendments forഀ SDD No. 6, Vail Village Inn, Phase III.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council denies Ordinance No. 22, Series of 2008, on first reading.ഀ 8. George Ruther ITEMITOPIC: Site Visit. First reading of Ordinance No. 23, Seriesഀ of 2008, an ordinance amending Chapter 12-22, View Corridors,ഀ Vail Town Code, pursuant to Section 12-22-4, Adoption of Viewഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, toഀ adopt two new view corridors and amend one existing viewഀ corridor in LionsHead, and setting forth details in regard thereto.ഀ (30 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 23, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 13, 2008, theഀ Planning and Environmental Commission voted 3-0-1 (Pierceഀ abstained) to forward a recommendation of approval to adopt twoഀ new view corridors and amend one existing view corridor inഀ LionsHead, pursuant to the recommendations outlined in Chapterഀ 4, Recommendations-Overall Study Area, Public View Corridors,ഀ LionsHead Redevelopment Master Plan, and setting forth detailsഀ in regard thereto.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 23, Series of 2008, on firstഀ reading.ഀ 9. Tom Kassmel ITEM/TOPIC: An Ordinance Approving A Holy Cross Energy Utilityഀ Easement within the Town of Vail Open Space betweenഀ Matterhorn Circle and Upper Matterhorn Circle. (10 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ amendments, or deny Ordinance No. 24, Series of 2008.ഀ BACKGROUND RATIONALE: An existing overhead electric lineഀ used to cross the middle bench open space without an easement.ഀ This year Holy Cross Energy lowered this stretch of overhead lineഀ at the request and cost of a private homeowner. Neither theഀ existing nor the current electric lines have had a dedicatedഀ easement. Holy Cross and Town staff would like to have anഀ easement granted to accommodate the new buried line.ഀ STAFF RECOMMENDATION: Approve, approve withഀ 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 boundaryഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Townഀ Code, to allow for the rezoning of a 430 square foot parcel of landഀ from High Density Multiple-Family (HDMF) District to General Useഀ (GU) District, and setting forth details in regard thereto. (5 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 16, Series of 2008, onഀ second reading.ഀ BACKGROUND RATIONALE: On August 11, 2008, the Planningഀ and Environmental Commission voted 5-0-0 to forward aഀ recommendation of approval for a zone district boundaryഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Townഀ Code, and setting forth details in regard thereto.ഀ On October 7, 2008, the Town Council unanimously approved theഀ first reading of Ordinance No. 16, Series of 2008.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 16, Series of 2008, on secondഀ reading.ഀ 11. ITEM/TOPIC: Second reading of Ordinance No. 21, Series ofഀ 2008, for prescribed regulations amendments to Section 14-10-7,ഀ Outdoor Lighting, Vail Town Code, to allow for amendments to theഀ MEMORANDUMഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: October 21, 2008ഀ SUBJECT: A request for first reading of Ordinance No. 22, Series of 2008, repealingഀ 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 toഀ residential for an addition to an existing dwelling unit, located at 68ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto. (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard,ഀ LLCഀ Planner: Nicole Petersonഀ 1. DESCRIPTION OF THE REQUESTഀ This SDD major amendment ordinance request includes the conversion ofഀ existing office and retail space to residential for an approximate 1,237 grossഀ residential square foot addition to existing residential unit #110. The proposedഀ addition is immediately below the existing unit #110 and includes a new exteriorഀ entrance off the pedestrian plaza on the north side of the building, mudroom,ഀ staircase, media room, two bedrooms and three bathrooms. The proposal alsoഀ includes the interior reconfiguration of the existing unit #110 level 105.0' andഀ minor exterior alterations. The proposal does not include any additions outsideഀ the exterior walls of the existing building. The addition area is currently occupiedഀ 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 andഀ Environmental Commission (Attachment A) for plans and additional information.ഀ Since the PEC hearing, Staff received a voice mail from Bob McNichols, whoഀ expressed his opposition to the request. Mr. McNichols stated he would forwardഀ a letter, which Staff will distribute at the Council hearing on October 21, 2008.ഀ II. BACKGROUNDഀ 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 eastഀ side of the subject property, by submitting a Design Review application, priorഀ to the submittal of a Design Review application for the exterior changesഀ 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 includeഀ improvements to the public walkway, along the east side of the subjectഀ property, from the pedestrian plaza to Meadow drive. Compliance shall beഀ demonstrated in conjunction with Building Permit submittal.ഀ 3. The applicant shall install a new loading and delivery connection on the westഀ end of the existing underground parking garage (Under Building No. 1 inഀ Phase III) that aligns with the Plaza's existing loading and delivery garageഀ door at the east end of the underground parking garage, accessed off theഀ South Frontage Road, prior to the issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24ഀ 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 RECOMMENDATIONഀ The Community Development Department recommends that the Town Councilഀ deny the request based on the review criteria and findings found in Section VII ofഀ Staff Memorandum dated October 13, 2008 (Attachment A).ഀ Motion to Deny:ഀ Should the Council choose to deny this amendment to a Special Developmentഀ District No. 6, the Department of Community Development recommends theഀ Council make the following motion:ഀ "The Town Council deny's, the first reading of Ordinance No. 22, Seriesഀ of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vailഀ Village Inn, amending the approved development plan for Phase 111 ofഀ SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office and retailഀ space to residential for an addition to an existing dwelling unit, located atഀ 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto."ഀ Should the Council choose to deny this amendment to a Special Developmentഀ District No. 6, the Department of Community Development recommends theഀ Council make the following findings:ഀ That the amendment is in-consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Section Vllഀ of the Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does not further the general and specificഀ 2ഀ purposes of the Zoning Regulations, based upon the review outlinedഀ in Section Vll of the Staff's September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 3. That the amendment does not promote the health, safety, morals,ഀ and general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in a mannerഀ that conserves and enhances its natural environment and itsഀ established character as a resort and residential community of theഀ highest quality, based upon the review outlined in Section VIl of theഀ Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission.ഀ Motion to Approve:ഀ Should the Council choose to approve this amendment to a Specialഀ Development District No. 6, the Department of Community Developmentഀ recommends the Council make the following motion:ഀ "The Town Council approves, with conditions, the first reading ofഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinanceഀ No. 6, Series of 2005, Vail Village Inn, amending the approvedഀ development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A-ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversionഀ of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vailഀ Village Filing 1, and setting forth details in regard thereto."ഀ Should the Council choose to approve this amendment, the Communityഀ Development Department, consistent with the Planning and Environmentalഀ Commission recommendation, suggests the following conditions:ഀ 1. The applicant shall address the illegal demolition of the walkway onഀ the east side of the subject property, by submitting a Design Reviewഀ application, prior to the submittal of a Design Review application forഀ the exterior changes associated with this conversion.ഀ 2. The applicant shall comply with all Building Code requirements forഀ ingress, egress, and accessibility for Vail Village Inn Phase Ill whichഀ may include improvements to the public walkway, along the east sideഀ of the subject property, from the pedestrian plaza to Meadow drive.ഀ Compliance shall be demonstrated in conjunction with Building Permitഀ submittal.ഀ 3. The applicant shall install a new loading and delivery connection onഀ the west end of the existing underground parking garage (Underഀ Building No. 1 in Phase //I) that aligns with the Plaza's existing loadingഀ and delivery garage door at the east end of the underground parkingഀ garage, accessed off the South Frontage Road, prior to the issuanceഀ of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount ofഀ $37,314.11, prior to the issuance of a building permit.ഀ 5. The applicant shall receive Design Review Board approval for theഀ proposal, prior to submitting a building permit application.ഀ Should the Council choose to approve this amendment, the Communityഀ Development recommends the Council makes the following findings:ഀ That the amendment is consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Section VIIഀ of the Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does further the general and specific purposesഀ of the Zoning Regulations, based upon the review outlined in Sectionഀ Vll of the Staff's September 22, 2008, memorandum to the Planningഀ and Environmental Commission; andഀ 3. That the amendment does promote the health, safety, morals, andഀ general welfare of the Town, and does not promote the coordinatedഀ and harmonious development of the Town in a manner that conservesഀ and enhances its natural environment and its established character asഀ a resort and residential community of the highest quality, based uponഀ the review outlined in Section Vll of the Staff's September 22, 2008,ഀ memorandum to the Planning and Environmental Commission.ഀ IV. ATTACHMENTSഀ A. Staff memorandum to PEC dated October 13, 2008, including plansഀ B. Staff Supplement memorandum to PEC dated October 13, 2008,ഀ including applicant response and additional citizen letter.ഀ C. Ordinance No. 22, Series of 2008ഀ D. PEC October 13, 2008 minutesഀ 4ഀ Attachment Cഀ ORDINANCE NO. 22ഀ Series of 2008ഀ 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, TOഀ ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TOഀ RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68ഀ MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILSഀ IN REGARD THERETO.ഀ WHEREAS, amendments to a Special Development District are permitted pursuant toഀ parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; andഀ WHEREAS, the Planning and Environmental Commission of the Town of Vail held aഀ public hearing on October 13, 2008 to consider the proposed amendment in accordance with theഀ provisions of the Town Code of the Town of Vail and forwarded a recommendation of approvalഀ to the Town Council of the Town of Vail based on the criteria and findings presented in the staffഀ memorandum; andഀ WHEREAS, the Vail Town Council finds that the proposed amendment to Specialഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of theഀ Vail Town Code and that the applicant has demonstrated that any adverse effects of theഀ requested deviations from the development standards of the underlying zoning are outweighedഀ by the public benefits provided; andഀ 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 entitlementsഀ elsewhere within the Town of Vail; andഀ WHEREAS, all notices as required by the Vail Town Code have been sent to theഀ appropriate parties; andഀ 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. 6ഀ Ordinance No. 6, Series 2005ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OFഀ VAIL, COLORADO, THAT:ഀ *All additions are illustrated with bold italics and deletions are illustrated with s ethroughഀ Section 1. Purpose of the Ordinanceഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase I I I ofഀ SDD No. 6, to allow for the conversion of an existing office and retail space to residential for anഀ addition to an existing dwelling unit.ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Reportഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code have beenഀ fulfilled and the Vail Town Council has received the recommendation of approval from theഀ Planning & Environmental Commission for the major amendment to Special Developmentഀ District No. 6, Vail Village Inn. Requests for the amendment of a special development districtഀ follow the procedures outlined in Chapter 12-9A of the Vail Town Code.ഀ Section 3. Special Development District No. 6ഀ Special Development District No. 6, Vail Village Inn, is hereby amended to assureഀ comprehensive development and use of the area in a manner that would be harmonious with theഀ general character of the Town, provide adequate open space and recreation amenities, andഀ promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Specialഀ Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to theഀ Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and hasഀ been amended because there are significant aspects of the Special Development District thatഀ cannot be satisfied through the imposition of the standard Public Accommodation zone districtഀ Ordinance No. 6, Series 2005 2ഀ requirements.ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Innഀ The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phaseഀ III, shall include the following plans and materials prepared by Blue Line Architects, datedഀ September 24, 2008:ഀ a. A1.3. Parking Mapഀ b. A2.1. Level 95.0 Existingഀ C. A2.2. Level 95.0 Proposedഀ d. A2.3. Level 105.0 Existingഀ e. A2.4. Level 105.0 Proposedഀ f. A2.5. Level 114.4 Existingഀ g. A3.1 Exterior elevationsഀ h. A3.2 Exterior elevationsഀ i. A5.1. Vicinity Mapഀ 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 Decemberഀ 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005:ഀ a. A200. Level One Floor Planഀ b. A201. Level Two Floor Planഀ C. A202. Level Three Floor Planഀ Ordinance No. 6, Series 2005 3ഀ d. A301. North & South Elevationsഀ e. A302. East & West Elevationsഀ Density-Number of Units Per Acre -ഀ The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shallഀ not exceed the following:ഀ Dwelling Units Per Acre -13.25ഀ Density - Gross Residential Floor Area -ഀ The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vailഀ Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed theഀ following:ഀ GRFA - 187,798 Square Feetഀ Other Development Standardsഀ No other development standards are amended by this ordinance.ഀ Section 5. Conditions of Approvalഀ The following conditions of approval shall become part of the Town's approval of the establishmentഀ 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 theഀ subject property, by submitting a Design Review application, prior to the submittal of a Designഀ Review application for the exterior changes associated with this conversion.ഀ 2. The applicant shall comply with all Building Code requirements for ingress, egress, andഀ 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. Complianceഀ shall be demonstrated in conjunction with Building Permit submittal.ഀ Ordinance No. 6, Series 2005 4ഀ 3. The applicant shall install a new loading and delivery connection on the west end of theഀ existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza'sഀ 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, byഀ 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 toഀ submitting a building permit application.ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is forഀ any reason held to be invalid, such decision shall not effect the validity of the remaining portions ofഀ this ordinance; and the Town Council hereby declares it would have passed this ordinance, andഀ each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that anyഀ 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 ordinanceഀ shall not affect any right which has accrued, any duty imposed, any violation that occurred prior toഀ the effective date hereof, any prosecution commenced, nor any other action or proceeding asഀ commenced under or by virtue of the provision amended. The amendment of any provision herebyഀ shall not revive any provision or any ordinance previously repealed or superseded unless expresslyഀ stated herein.ഀ Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewithഀ are repealed to the extent only of such inconsistency. This repealer shall not be construed to reviseഀ any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.ഀ Ordinance No. 6, Series 2005 5ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDEREDഀ PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2008 and a publicഀ hearing for second reading of the Ordinance set for the 4th day of November, 2008, in theഀ Council Chambers of the Vail Municipal Building, Vail, Colorado.ഀ Richard Cleveland, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ Ordinance No. 6, Series 2005 6ഀ Attachment D:ഀ DRAFT MINUTESഀ PLANNING AND ENVIRONMENTAL COMMISSIONഀ October 13, 2008ഀ 1:OOpmഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOMEഀ 75 S. Frontage Road - Vail, Colorado, 81657ഀ MEMBERS PRESENTഀ Bill Pierceഀ Rollie Kjesboഀ Susie Tjossemഀ Michael Kurzഀ MEMBERS ABSENTഀ Sarah Robinson-Paladinoഀ Scott Properഀ David Vieleഀ Site Visits:ഀ 1. Village Inn Plaza, 68 Meadow Driveഀ 2. Lionshead Public View Corridors, Lionshead Villageഀ 45 Minutesഀ 1. A request for a final recommendation to the Vail Town Council on a majorഀ amendment to Special Development District No. 6, Village Inn Plaza, pursuant to Articleഀ 12-9A, Special Development District, Vail Town Code, to allow for the conversion of anഀ 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, LLCഀ Planner: Nicole Petersonഀ ACTION: Recommendation of approval, with conditionsഀ 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 theഀ east side of the subject property, by submitting a Design Review application, priorഀ to the submittal of a Design Review application for the exterior changesഀ 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 includeഀ improvements to the public walkway, along the east side of the subject property,ഀ from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated inഀ conjunction with Building Permit submittal.ഀ 3. The applicant shall install a new loading and delivery connection on theഀ west end of the existing underground parking garage (Under Building No. 1 inഀ Phase III) that aligns with the Plaza's existing loading and delivery garage door atഀ the east end of the underground parking garage, accessed off the South Frontageഀ Road, prior to the issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24ഀ Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, priorഀ 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 recusedഀ himself from the hearing.ഀ Nicole Peterson distributed a Supplemental Staff memorandum and brought attention toഀ the illegal construction that had occurred on site, the week prior. She informed theഀ Commission that Staff was recommending that this application be tabled until such timeഀ as a Design Review application could be submitted in regards to the illegal walkwayഀ demolition.ഀ Tim Devlin of Sherman and Howard, representing the applicant, stated theഀ circumstances behind the construction that had occurred on site. He stated that Deanneഀ Hall, the president of the Vail Village Inn Phase III, had apparently requested the workഀ 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 hearഀ the application and if necessary they would place a condition on any motion directingഀ Vail Village Inn Phase III to correct the situation with regard to the walkway.ഀ Nicole Peterson continued with her presentation per, explaining the Staff memorandumഀ and stated that staff is recommending denial of the application.ഀ Tim Devlin continued with his presentation drawing attention to the table contained in theഀ Staff memorandum which compared the proposed application to those previouslyഀ approved. He utilized several boards depicting floor plans to make several points withഀ regard to the frontage of retail being removed and the amount of square footage on theഀ ground floor. He continued by going through the memorandum's background onഀ previous residential expansion approvals. He pointed out that his client would proposeഀ to utilize the pay-in-lieu option to mitigate the employee housing mitigation.ഀ Jonathan Stauffer, representing the subject property owner, gave some background onഀ the events leading to the illegal construction. He further stated that the owner ofഀ residential unit #110 (subject of addition/ conversion), occupies his unit the entirety ofഀ 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 theഀ Digits Salon and a portion of the Real Estate office.ഀ Warren Campbell, Chief of Planning, stated that Staff did suggest utilizing only theഀ interior portion of `To Catch A Cook.' He stated that planning staff would review theഀ application differently, if that was the proposal; however, he did not commit to anyഀ recommendation that would result.ഀ Ken Bridges of Blue Line Architects, representing the applicant, gave a presentation onഀ the reasons behind the layout proposed. He pointed out the traffic flow within the unitഀ 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 beenഀ an office use in the real estate space since the start of the project and that he believesഀ the subject area has very little pedestrian traffic.ഀ Rob Robinson of Robinson Mitchell and Associates (subject Real Estate office) statedഀ that he would like to stay in the Village. He added that he has received very little walk-inഀ traffic at his office in the years he's been there.ഀ Commissioner Kurz, stated that he has not served on previous Commissions andഀ therefore, cannot comment on how the precedence of retail to residential in this areaഀ came to be. He added that he could not predict the amount of pedestrian traffic in theഀ future, as a result of the Solaris tunnel. He stated concern that this is a permanentഀ 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 precedenceഀ for conversion set. She believes the conversion is appropriate.ഀ Commissioner Kjesbo stated that he agreed with Commissioner Kurz, that it is difficult toഀ predict the Solaris tunnel effect on the amount of pedestrian traffic in the plaza. He alsoഀ stated that his vote of support, if a motion where made to forward a recommendation ofഀ approval, would be based on the opinion that the 'To Catch a Cook' retail space is aഀ second story retail area, and thus is comparable to the previous approvals of 2nd andഀ 3rd story commercial conversions to residential.ഀ 7ഀ 7ഀ October 15, 2008ഀ Vail Town Councilഀ C/O Nicole Petersonഀ 75 South Frontage Roadഀ Vail, CO 81657ഀ FX: 970.479.2452ഀ Dear Council Members:ഀ I am in opposition to the proposed Ordinance No. 22, Series of 2008 amending Phase IIIഀ of SDD No. 6, Vail Village Inn, to allow for the conversion of an existing office and retailഀ space to residential for an addition to an existing dwelling unit, located at 68 Meadow Driveഀ (PEC08-0049) for the following reasons:ഀ 1. The existing retail and office space should stay in Vail Village to maintain a criticalഀ mass of successful businesses. The retail and office spaces are important to theഀ other businesses in the area.ഀ 2. The existing businesses, affected by the proposal, are successful and want to stayഀ there, but have been incited, or strongly encouraged, by the landlord, to give theirഀ support of this conversion.ഀ 3. Disagree with the statement, "The space under consideration is not primeഀ commercial and has no exposure to the public," (round in the form le ers that areഀ signed by business owners in the area, included in staff memora duet, datedഀ October 13, 2008). The existing businesses, including Digit's salon, Robinson officeഀ and To Catch a Cook are all long-time, successful businesses. Furthermore, Osaki'sഀ 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 nowഀ the tunnel will lead to a residential area.ഀ Thank you for your time and consideration.ഀ Bob McNichols rഀ Vail 13usiness canerഀ T'A +7GZ6Z00:d : 3a HIS:60 $003-9Z-1D0ഀ VAIL TOWN COUNCILഀ EVENING SESSION AGENDAഀ VAIL TOWN COUNCIL CHAMBERSഀ 75 S. Frontage Road W.ഀ Vail, CO 81657ഀ 6:00 P.M., TUESDAY, NOVEMBER 4, 2008ഀ NOTE: Times of items are approximate, subject to change, andഀ cannot be relied upon to determine at what time Councilഀ 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 applicantsഀ to the B&FCAB (one regular member and 2 alternates) for a termഀ from November 8, 2008 through March 31, 2012.ഀ BACKGROUND RATIONALE: There are currently threeഀ vacancies on the B&FCAB. It is requested that the Town Councilഀ interview each applicant at the work session and then appoint oneഀ regular member to the B&FCAB and two alternates to theഀ B&FCAB at the evening meeting.ഀ The applicants are as follows:ഀ Lynn Fritzlenഀ Rollie Kjesboഀ Kyle Webbഀ I have attached possible questions to ask the applicants at theഀ work session.ഀ RECOMMENDATION: Appoint a total of three members to theഀ B&FCAB for terms running from November 8, 2008 through Marchഀ 31, 2012ഀ 5. Tom Kassmel ITEM/TOPIC: First reading of Ordinance No. 24, Series 2008. Anഀ Ordinance Approving A Holy Cross Energy Utility Easement withinഀ the Town of Vail Open Space between Matterhorn Circle andഀ Upper Matterhorn Circle. (10 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ amendments, or deny Ordinance No. 24, Series of 2008.ഀ BACKGROUND RATIONALE: An existing overhead electric lineഀ used to cross the middle bench open space without an easement.ഀ This year Holy Cross Energy lowered this stretch of overhead lineഀ at the request and cost of a private homeowner. Neither theഀ existing nor the current electric lines have had a dedicatedഀ easement. Holy Cross and Town staff would like to have anഀ easement granted to accommodate the new buried line.ഀ STAFF RECOMMENDATION: Approve Ordinance No. 24, Seriesഀ 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 readingഀ of the 2009 Budget Ordinance No. 25, Series 2008, in preparationഀ for approval during the evening session.ഀ BACKGROUND RATIONALE: To be provided in separate memoഀ STAFF RECOMMENDATION: Staff recommends that the Townഀ Council approves Ordinance No. 25, Series of 2008, upon firstഀ 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 toഀ Section 12-3-7, Amendment, Vail Town Code, to allow for theഀ rezoning of Parcel A, a re-subdivision of Tract D, Vail Dasഀ Schone, from Commercial Core 3(CC3) District to General Useഀ (GU) District, and setting forth details in regard thereto. (5 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 26, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 27, 2008, theഀ Planning and Environmental Commission voted 7-0-0 to forward aഀ recommendation of approval for a zone district boundaryഀ amendment, pursuant to Section 12-3-7, Amendment, Vail Townഀ Code, and setting forth details in regard thereto.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 26, Series of 2008, on firstഀ reading.ഀ 8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 27, Series of 2008,ഀ an ordinance rezoning a Town owned property, pursuant toഀ Section 12-3-7, Amendment, Vail Town Code, to allow for theഀ rezoning of Parcel B, a re-subdivision of Tract D, Vail Dasഀ Schone, from Two Family Primary/Secondary(P/S) District toഀ Housing (H) District, and setting forth details in regard thereto. (5ഀ min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 27, Series of 2008, on firstഀ reading.ഀ BACKGROUND RATIONALE: On October 27, 2008, theഀ Planning and Environmental Commission voted 6-1-0 (Properഀ opposed) to forward a recommendation of approval for a zoneഀ district boundary amendment, pursuant to Section 12-3-7,ഀ Amendment, Vail Town Code, and setting forth details in regardഀ thereto.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council approves Ordinance No. 27, Series of 2008, on firstഀ reading.ഀ 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series ofഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,ഀ Vail Village Inn, amending and re-establishing the approvedഀ development plan for Phase III of Special Development Districtഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office andഀ retail space to residential for an addition to an existing dwellingഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Villageഀ Filing 1, and setting forth details in regard thereto. (15 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 22, Series of 2008, onഀ second reading.ഀ BACKGROUND RATIONALE: On October 21, 2008, Townഀ 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 Environmentalഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) toഀ forward a recommendation of approval to the Town Council for theഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council denies Ordinance No. 22, Series of 2008, on secondഀ reading.ഀ 10. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 21, Series ofഀ 2008, for prescribed regulations amendments to Section 14-10-7,ഀ Outdoor Lighting, Vail Town Code, to allow for amendments to theഀ outdoor lighting standards, and setting forth details in regardഀ thereto. (5 min.)ഀ ACTION REQUESTED OF COUNCIL: Table the second readingഀ of Ordinance No. 21, Series of 2008, to the Council's Novemberഀ 18, 2008, public hearing.ഀ BACKGROUND RATIONALE: On October 7, 2008, the Townഀ Council voted to approve, with conditions, Ordinance No. 21,ഀ Series of 2008, on first reading. Since the Council's October 7thഀ hearing, Staff has discovered a 1991 District Court decisionഀ related to the Town's previous outdoor lighting regulations. Theഀ Staff has reviewed that court decision and is revising the proposedഀ Ordinance No. 21, Series of 2008, to address the issues ensureഀ compliance with that decision.ഀ STAFF RECOMMENDATION: Staff recommends that the Townഀ Council tables the second reading of Ordinance No. 21, Series ofഀ 2008, to the Council's November 18, 2008, public hearing; to allowഀ Staff an opportunity to revise the proposed ordinance to address aഀ recently discovered court decision related the Town's previousഀ outdoor lighting standards.ഀ 11. George Ruther ITEMITOPIC: Second reading of Ordinance No. 23, Series ofഀ 2008, an ordinance amending Chapter 12-22, View Corridors, Vailഀ Town Code, pursuant to Section 12-22-4, Adoption of Viewഀ Corridors and Section 12-22-5, Amendments, Vail Town Code, toഀ adopt two new view corridors and amend one existing viewഀ corridor in LionsHead, and setting forth details in regard thereto.ഀ (5 min.)ഀ STAFF RECOMMENDATION: Table Ordinance No. 23, Series ofഀ 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 SESSIONഀ MEMORANDUMഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: November 4, 2008ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Villageഀ Inn, amending the approved development plan for Phase III of SDD No.ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Townഀ Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto. (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard,ഀ LLCഀ Planner: Nicole Petersonഀ DESCRIPTION OF THE REQUESTഀ This SDD major amendment ordinance request includes the conversion ofഀ existing office and retail space to residential for an approximate 1,237 grossഀ residential square foot addition to existing residential unit #110. The proposedഀ addition is immediately below the existing unit #110 and includes a new exteriorഀ entrance off the pedestrian plaza on the north side of the building, mudroom,ഀ staircase, media room, two bedrooms and three bathrooms. The proposal alsoഀ includes the interior reconfiguration of the existing unit #110 level 105.0' andഀ minor exterior alterations. The proposal does not include any additions outsideഀ the exterior walls of the existing building. The addition area is currently occupiedഀ 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. BACKGROUNDഀ The Town Council, at the October 21, 2008 Council meeting, approvedഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions:ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegalഀ demolition of the walkway on the east side of the subject property, byഀ submitting a Design Review application, prior to the submittal of a Designഀ Review application for the exterior changes associated with thisഀ conversion.ഀ 2. The applicant shall comply with all Building Code requirements forഀ ingress, egress, and accessibility for Vail Village Inn Phase III which mayഀ 1ഀ include improvements to the public walkway, along the east side of theഀ subject property, from the pedestrian plaza to Meadow drive. Complianceഀ shall be demonstrated in conjunction with Building Permit submittal.ഀ 3. The applicant shall install or cause to be installed, a new loading andഀ delivery connection on the west end of the existing underground parkingഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza'sഀ existing loading and delivery garage door at the east end of theഀ 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 ofഀ $37,314.11, prior to the issuance of a building permit.ഀ 5. The applicant shall receive Design Review Board approval for theഀ proposal, prior to submitting a building permit application.ഀ 6. The applicant shall facilitate the dedication and recording of the of aഀ public easement over the existing pocket park located directly north of theഀ proposed front door of Unit #110 in a form acceptable to the Townഀ Attorney. A copy of the recorded easement shall be submitted in prior toഀ 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 followingഀ conditions:ഀ 1. The applicant shall address the illegal demolition of the walkway on the eastഀ side of the subject property, by submitting a Design Review application, priorഀ to the submittal of a Design Review application for the exterior changesഀ 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 includeഀ improvements to the public walkway, along the east side of the subjectഀ property, from the pedestrian plaza to Meadow drive. Compliance shall beഀ demonstrated in conjunction with Building Permit submittal.ഀ 3. The applicant shall install a new loading and delivery connection on the westഀ end of the existing underground parking garage (Under Building No. 1 inഀ Phase III) that aligns with the Plaza's existing loading and delivery garageഀ door at the east end of the underground parking garage, accessed off theഀ South Frontage Road, prior to the issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24ഀ 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 RECOMMENDATIONഀ The Community Development Department recommends that the Town Councilഀ deny the request based on the review criteria and findings found in Section VII ofഀ Staff Memorandum to the PEC dated October 13, 2008.ഀ Motion to Deny:ഀ Should the Council choose to deny this amendment to a Special Developmentഀ 2ഀ District No. 6, the Department of Community Development recommends theഀ 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 ofഀ 2005, Vail Village Inn, amending the approved development plan forഀ Phase 111 of SDD No. 6, pursuant to Article 12-9A-10, Amendmentഀ Procedures, Vail Town Code, to allow for the conversion of an existingഀ office and retail space to residential for an addition to an existing dwellingഀ 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 Developmentഀ District No. 6, the Department of Community Development recommends theഀ Council make the following findings:ഀ That the amendment is in-consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Section Vllഀ of the Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does not further the general and specificഀ purposes of the Zoning Regulations, based upon the review outlinedഀ in Section Vll of the Staff's September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 3. That the amendment does not promote the health, safety, morals,ഀ and general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in a mannerഀ that conserves and enhances its natural environment and itsഀ established character as a resort and residential community of theഀ highest quality, based upon the review outlined in Section Vll of theഀ Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission.ഀ Motion to Approve:ഀ Should the Council choose to approve this amendment to a Specialഀ Development District No. 6, the Department of Community Developmentഀ recommends the Council make the following motion:ഀ "The Town Council approves, with conditions, the second reading ofഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinanceഀ No. 6, Series of 2005, Vail Village Inn, amending the approvedഀ development plan for Phase 111 of SDD No. 6, pursuant to Article 12-9A-ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversionഀ of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vailഀ Village Filing 1, and setting forth details in regard thereto."ഀ Should the Council choose to approve this amendment, the Communityഀ 3ഀ Development Department, consistent with the Planning and Environmentalഀ Commission recommendation, suggests the following conditions:ഀ 1. The Vail Village Inn Homeowner's Association shall address theഀ illegal demolition of the walkway on the east side of the subjectഀ property, by submitting a Design Review application, prior to theഀ submittal of a Design Review application for the exterior changesഀ associated with this conversion.ഀ 2. The applicant shall comply with all Building Code requirements forഀ ingress, egress, and accessibility for Vail Village Inn Phase 111ഀ which may include improvements to the public walkway, along theഀ east side of the subject property, from the pedestrian plaza toഀ Meadow drive. Compliance shall be demonstrated in conjunctionഀ with Building Permit submittal.ഀ 3. The applicant shall install or cause to be installed, a new loadingഀ and delivery connection on the west end of the existingഀ underground parking garage (Under Building No. 1 in Phase Ill)ഀ that aligns with the Plaza's existing loading and delivery garageഀ door at the east end of the underground parking garage, accessedഀ off the South Frontage Road, prior to the issuance of a buildingഀ permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-ഀ 24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amountഀ of $37,314.11, prior to the issuance of a building permit.ഀ 5. The applicant shall receive Design Review Board approval for theഀ proposal, prior to submitting a building permit application.ഀ 6. The applicant shall facilitate the dedication and recording of the ofഀ a public easement over the existing pocket park located directlyഀ north of the proposed front door of Unit #110 in a form acceptableഀ to the Town Attorney. A copy of the recorded easement shall beഀ submitted in prior to release of the Building Permit.ഀ Should the Council choose to approve this amendment, the Communityഀ Development Department recommends the Council makes the followingഀ findings:ഀ 1. That the amendment is consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Sectionഀ VII of the Staffs September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 2. That the amendment does further the general and specificഀ purposes of the Zoning Regulations, based upon the reviewഀ outlined in Section Vll of the Staff's September 22, 2008,ഀ memorandum to the Planning and Environmental Commission;ഀ andഀ 3. That the amendment does promote the health, safety, morals, andഀ general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in aഀ manner that conserves and enhances its natural environment andഀ its established character as a resort and residential community ofഀ 4ഀ the highest quality, based upon the review outlined in Section Vllഀ of the Staff's September 22, 2008, memorandum to the Planningഀ and Environmental Commission.ഀ IV. ATTACHMENTSഀ A. Ordinance No. 22, Series of 2008, second readingഀ 5ഀ ATTACHMENT A:ഀ ORDINANCE NO. 22ഀ Series of 2008ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OFഀ 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDDഀ NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAILഀ TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE ANDഀ RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLINGഀ UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILINGഀ 1, AND SETTING FORTH DETAILS IN REGARD THERETO.ഀ WHEREAS, amendments to a Special Development District are permittedഀ pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of theഀ Town of Vail; andഀ WHEREAS, the Planning and Environmental Commission of the Town of Vailഀ held a public hearing on October 13, 2008 to consider the proposed amendment inഀ accordance with the provisions of the Town Code of the Town of Vail and forwarded aഀ recommendation of approval to the Town Council of the Town of Vail based on theഀ criteria and findings presented in the staff memorandum; andഀ WHEREAS, the Vail Town Council finds that the proposed amendment to Specialഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8ഀ of the Vail Town Code and that the applicant has demonstrated that any adverse effectsഀ of the requested deviations from the development standards of the underlying zoning areഀ outweighed by the public benefits provided; andഀ WHEREAS, the approval of the major amendment to Special Developmentഀ District No. 6, and the development standards in regard thereto shall not establishഀ precedence or entitlements elsewhere within the Town of Vail; andഀ WHEREAS, all notices as required by the Vail Town Code have been sent to theഀ appropriate parties; andഀ WHEREAS, the Vail Town Council considers it in the best interest of the publicഀ 6ഀ health, safety, and welfare to adopt the proposed amendments to Special Developmentഀ District No. 6ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THEഀ TOWN OF VAIL, COLORADO, THAT:ഀ *All additions are illustrated with bold italics and deletions are illustrated withഀ stpikethro ghഀ Section 1. Purpose of the Ordinanceഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan forഀ Phase III of SDD No. 6, to allow for the conversion of an existing office and retail spaceഀ to residential for an addition to an existing dwelling unit.ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Reportഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code haveഀ been fulfilled and the Vail Town Council has received the recommendation of approvalഀ from the Planning & Environmental Commission for the major amendment to Specialഀ Development District No. 6, Vail Village Inn. Requests for the amendment of a specialഀ development district follow the procedures outlined in Chapter 12-9A of the Vail Townഀ Code.ഀ Section 3. Special Development District No. 6ഀ Special Development District No. 6, Vail Village Inn, is hereby amended to assureഀ comprehensive development and use of the area in a manner that would be harmoniousഀ with the general character of the Town, provide adequate open space and recreationഀ amenities, and promote the goals, objectives and policies of the Town of Vailഀ Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, isഀ regarded as being complementary to the Town of Vail by the Vail Town Council and theഀ 7ഀ Planning & Environmental Commission, and has been amended because there areഀ significant aspects of the Special Development District that cannot be satisfied throughഀ the imposition of the standard Public Accommodation zone district requirements.ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Innഀ The amended Development Plan for Special Development District No. 6, Vail Villageഀ Inn, Phase Hi, shall include the following plans and materials prepared by Blue Lineഀ Architects, dated September 24, 2008:ഀ a. Al. 3. Parking Mapഀ b. A2.1. Level 95.0 Existingഀ C. A2.2. Level 95.0 Proposedഀ d. A2.3. Level 105.0 Existingഀ e. A2.4. Level 105.0 Proposedഀ f. A2.5. Level 114.4 Existingഀ 9. A3.1 Exterior elevationsഀ h. A3.2 Exterior elevationsഀ i. A5.1. Vicinity Mapഀ 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 Pierceഀ Architects, dated December 13, 2004, and stamped approved by the Town of Vail, datedഀ March 1, 2005:ഀ a. A200. Level One Floor Planഀ b. A201. Level Two Floor Planഀ 8ഀ C. A202. Level Three Floor Planഀ d. A301. North & South Elevationsഀ e. A302. East & West Elevationsഀ Density-Number of Units Per Acre -ഀ The number of dwelling units permitted in Special Development District No. 6, Vail Villageഀ Inn shall not exceed the following:ഀ Dwelling Units Per Acre -13.25ഀ Densitv - Gross Residential Floor Area -ഀ The gross residential floor area (GRFA) units permitted in Special Development Districtഀ No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shallഀ not exceed the following:ഀ GRFA - 187,798 Square Feetഀ Other Development Standardsഀ No other development standards are amended by this ordinance.ഀ Section 5. Conditions of Approvalഀ The following conditions of approval shall become part of the Town's approval of theഀ establishment of Special Development District No. 6, Vail Village Inn:ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegal demolitionഀ of the walkway on the east side of the subject property, by submitting a Design Reviewഀ application, prior to the submittal of a Design Review application for the exterior changesഀ 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 improvementsഀ to the public walkway, along the east side of the subject property, from the pedestrianഀ 9ഀ plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Buildingഀ Permit submittal.ഀ 3. The applicant shall install or cause to be installed, a new loading and deliveryഀ connection on the west end of the existing underground parking garage (Under Buildingഀ No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage doorഀ at the east end of the underground parking garage, accessed off the South Frontageഀ Road, prior to the issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionaryഀ Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance ofഀ a building permit.ഀ 5. The applicant shall receive Design Review Board approval for the proposal, priorഀ to submitting a building permit application.ഀ 6. The applicant shall facilitate the dedication and recording of the of a publicഀ easement over the existing pocket park located directly north of the proposed front doorഀ of Unit #110 in a form acceptable to the Town Attorney. A copy of the recordedഀ easement shall be submitted in prior to release of the Building Permit.ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of thisഀ ordinance is for any reason held to be invalid, such decision shall not effect the validityഀ of the remaining portions of this ordinance; and the Town Council hereby declares itഀ would have passed this ordinance, and each part, section, subsection, sentence, clauseഀ 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 thisഀ ordinance shall not affect any right which has accrued, any duty imposed, any violationഀ 10ഀ that occurred prior to the effective date hereof, any prosecution commenced, nor anyഀ 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 ordinanceഀ 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. Thisഀ repealer shall not be construed to revise any bylaw, order, resolution or ordinance, orഀ part thereof, theretofore repealed.ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDEREDഀ PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of October, 2008 and aഀ 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, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4thഀ day of November, 2008.ഀ Richard D. Cleveland, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ 11ഀ VAIL TOWN COUNCILഀ EVENING SESSION AGENDAഀ VAIL TOWN COUNCIL CHAMBERSഀ 75 S. Frontage Road W.ഀ Vail, CO 81657ഀ 6:00 P.M., TUESDAY, DECEMBER 2, 2008ഀ NOTE: Times of items are approximate, subject to change, andഀ cannot be relied upon to determine at what time Councilഀ 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 aഀ presentation on the Ever Vail project proposal from Vail Resortsഀ Development Company. The purpose of this presentation is to unveilഀ the specifics of the project proposal to the decision-makers andഀ community. As this is a joint work session, each of the threeഀ decision-making boards will have the opportunity to hear theഀ applicant's presentation and any ensuing questions about the projectഀ proposal at the same time. (90 min.)ഀ ACTION REQUESTED OF COUNCIL: No formal action is requestedഀ at this time.ഀ BACKGROUND RATIONALE: Over the last two months, Townഀ Staff has given presentations to the Town Council, Planning &ഀ Environmental Commission, and Design Review Board regardingഀ roles and responsibilities, development review process, requiredഀ criteria and findings, and recommendations of the LionsHeadഀ Redevelopment Master Plan in order to set the groundwork forഀ this joint work session meeting and the upcoming developmentഀ review process.ഀ STAFF RECOMMENDATION: As this is only a work session, theഀ 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 ofഀ Vail General Fund, Capital Projects Fund, Real Estate Transferഀ Tax Fund, and Debt Service Fund of the 2008 Budget for theഀ Town of Vail, Colorado; and authorizing the expenditures of saidഀ appropriations as set forth herein; and setting forth details inഀ regard thereto. (10 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve or approve withഀ amendments the first reading of Ordinance No. 29, Series ofഀ 2008.ഀ BACKGROUND RATIONALE: To be provided in a separateഀ memo.ഀ STAFF RECOMMENDATION: Staff recommends that the Townഀ 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 Vailഀ Town Code by the Addition of the Definition of the Wordഀ "Publication"; and Setting Forth Details in Regard Thereto. (30ഀ min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 30, Series of 2008, uponഀ first reading.ഀ BACKGROUND RATIONALE: The 2009 budget was passedഀ second reading on November 18, 2008. The 2009 budgetഀ eliminates funding for publication in the local papers. Section 4.10ഀ of the Town Charter requires publication of ordinances upon theirഀ introduction and adoption. The Charter does not define what isഀ required by "publication". In 2007, the Town spent $19,693 forഀ publication of its ordinances in the Vail Daily, requiring the Townഀ Clerk to increase the office advertising budget during the thirdഀ supplemental appropriation by an additional $12,000. The Townഀ Clerk has currently spent $19,492 of her 2008 budget onഀ publications of ordinances.ഀ STAFF RECOMMENDATION: Approve, approve withഀ modifications, or deny Ordinance No. 30, Series of 2008, uponഀ first reading.ഀ 7. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series ofഀ 2008, repealing and re-enacting Ordinance No. 6, Series of 2005,ഀ Vail Village Inn, amending and re-establishing the approvedഀ development plan for Phase III of Special Development Districtഀ No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vailഀ Town Code, to allow for the conversion of an existing office andഀ retail space to residential for an addition to an existing dwellingഀ unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Villageഀ Filing 1, and setting forth details in regard thereto. (40 min.)ഀ ACTION REQUESTED OF COUNCIL: Approve, approve withഀ modifications, or deny Ordinance No. 22, Series of 2008, onഀ second reading.ഀ BACKGROUND RATIONALE: On November 4, 2008, Townഀ Council tabled the item to the December 2, 2008 hearing andഀ requested examples of public benefits in other developments.ഀ On October 21, 2008, Town Council voted 5-2-0 to approve, withഀ conditions, Ordinance No. 22, Series of 2008, on first reading.ഀ On October 13, 2008, the Planning and Environmentalഀ Commission voted 2-1-1 (Kurz opposed, Pierce recused) toഀ forward a recommendation of approval to the Town Council for theഀ proposed amendments for SDD No. 6, Vail Village Inn, Phase III.ഀ STAFF RECOMMENDATION: Staff recommends the Townഀ Council denies Ordinance No. 22, Series of 2008, on secondഀ 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 beഀ certified to the County for collection annually; this ordinanceഀ authorizes certification.ഀ STAFF RECOMMENDATION: Approve Ordinance No. 28, Seriesഀ 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 SESSIONഀ WILL BEGIN AT TBD, TUESDAY, DECEMBER 16, 2008 IN THE VAIL TOWNഀ COUNCIL CHAMBERS.ഀ MEMORANDUMഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: December 2, 2008ഀ SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008,ഀ repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Villageഀ Inn, amending the approved development plan for Phase III of SDD No.ഀ 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Townഀ Code, to allow for the conversion of an existing office and retail space toഀ residential for an addition to an existing dwelling unit, located at 68ഀ Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forthഀ details in regard thereto. (PEC080049)ഀ Applicant: Colondo Company, represented by Sherman & Howard,ഀ LLCഀ Planner: Nicole Petersonഀ 1. DESCRIPTION OF THE REQUESTഀ This SDD major amendment ordinance request includes the conversion ofഀ existing office and retail space to residential for an approximate 1,237 grossഀ residential square foot addition to existing residential unit #110. The proposedഀ addition is immediately below the existing unit #110 and includes a new exteriorഀ entrance off the pedestrian plaza on the north side of the building, mudroom,ഀ staircase, media room, two bedrooms and three bathrooms. The proposal alsoഀ includes the interior reconfiguration of the existing unit #110 level 105.0' andഀ minor exterior alterations. The proposal does not include any additions outsideഀ the exterior walls of the existing building. The addition area is currently occupiedഀ 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. BACKGROUNDഀ The Planning and Environmental Commission, at their October 13, 2008 hearing,ഀ recommended that the Council approves the request with the followingഀ conditions:ഀ 1. The applicant shall address the illegal demolition of the walkway on the eastഀ side of the subject property, by submitting a Design Review application, priorഀ to the submittal of a Design Review application for the exterior changesഀ 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 includeഀ 1ഀ improvements to the public walkway, along the east side of the subjectഀ property, from the pedestrian plaza to Meadow drive. Compliance shall beഀ demonstrated in conjunction with Building Permit submittal.ഀ 3. The applicant shall install a new loading and delivery connection on the westഀ end of the existing underground parking garage (Under Building No. 1 inഀ Phase III) that aligns with the Plaza's existing loading and delivery garageഀ door at the east end of the underground parking garage, accessed off theഀ South Frontage Road, prior to the issuance of a building permit.ഀ 4. The applicant shall comply with the requirements of Chapter 12-24ഀ 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, approvedഀ Ordinance No. 22, Series of 2008, on first reading with the following conditions:ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegalഀ demolition of the walkway on the east side of the subject property, byഀ submitting a Design Review application, prior to the submittal of a Designഀ Review application for the exterior changes associated with thisഀ conversion.ഀ 2. The applicant shall comply with all Building Code requirements forഀ ingress, egress, and accessibility for Vail Village Inn Phase III which mayഀ include improvements to the public walkway, along the east side of theഀ subject property, from the pedestrian plaza to Meadow drive. Complianceഀ shall be demonstrated in conjunction with Building Permit submittal.ഀ 3. The applicant shall install or cause to be installed, a new loading andഀ delivery connection on the west end of the existing underground parkingഀ garage (Under Building No. 1 in Phase III) that aligns with the Plaza'sഀ existing loading and delivery garage door at the east end of theഀ 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 ofഀ $37,314.11, prior to the issuance of a building permit.ഀ 5. The applicant shall receive Design Review Board approval for theഀ proposal, prior to submitting a building permit application.ഀ 6. The applicant shall facilitate the dedication and recording of the of aഀ public easement over the existing pocket park located directly north of theഀ proposed front door of Unit #110 in a form acceptable to the Townഀ Attorney. A copy of the recorded easement shall be submitted in prior toഀ 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 theഀ public benefits of the project. Staff has attached a report of recent developmentഀ public benefits provided (Attachment B) and minutes of the November 4, 2008ഀ Town Council meeting (Attachment C) for the Council's review.ഀ 2ഀ III. STAFF RECOMMENDATIONഀ The Community Development Department recommends that the Town Councilഀ deny the request based on the review criteria and findings found in Section VII ofഀ Staff Memorandum to the PEC dated October 13, 2008.ഀ Motion to Deny:ഀ Should the Council choose to deny this amendment to Special Developmentഀ District No. 6, the Community Development Department recommends theഀ 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 ofഀ 2005, Vail Village Inn, amending the approved development plan forഀ Phase IIl of SDD No. 6, pursuant to Article 12-9A-10, Amendmentഀ Procedures, Vail Town Code, to allow for the conversion of an existingഀ office and retail space to residential for an addition to an existing dwellingഀ 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 Developmentഀ District No. 6, the Community Development Department recommends theഀ Council make the following findings:ഀ That the amendment is inconsistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is incompatible with the developmentഀ objectives of the Town, based upon the review outlined in Section VIlഀ of the Staffs September 22, 2008, memorandum to the Planning andഀ Environmental Commission; andഀ 2. That the amendment does not further the general and specificഀ purposes of the Zoning Regulations, based upon the review outlinedഀ in Section Vll of the Staffs September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 3. That the amendment does not promote the health, safety, morals,ഀ and general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in a mannerഀ that conserves and enhances its natural environment and itsഀ established character as a resort and residential community of theഀ highest quality, based upon the review outlined in Section Vll of theഀ Staff's September 22, 2008, memorandum to the Planning andഀ Environmental Commission.ഀ Motion to Approve:ഀ Should the Council choose to approve this amendment to Special Developmentഀ District No. 6, the Community Development Department recommends theഀ Council make the following motion:ഀ "The Town Council approves, with conditions, the second reading ofഀ Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinanceഀ 3ഀ No. 6, Series of 2005, Vail Village Inn, amending the approvedഀ development plan for Phase 111 of SDD No. 6, pursuant to Article 12-9A-ഀ 10, Amendment Procedures, Vail Town Code, to allow for the conversionഀ of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vailഀ Village Filing 1, and setting forth details in regard thereto."ഀ Should the Council choose to approve this amendment, the Communityഀ Development Department suggests the following conditions:ഀ 1. The applicant shall install or cause to be installed, a new loadingഀ and delivery connection on the west end of the existingഀ underground parking garage (Under Building No. 1 in Phase lll)ഀ that aligns with the Plaza's existing loading and delivery garageഀ door at the east end of the underground parking garage, accessedഀ off the South Frontage Road, prior to the issuance of a temporaryഀ 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 amountഀ of $37,314.11, prior to the issuance of a building permit.ഀ 3. The applicant shall install a wheelchair and delivery lift locatedഀ near Osaki's, as reflected on the building permit plans, in order toഀ facilitate efficient loading and delivery within SDD No. 6, prior toഀ the issuance of a temporary certificate of occupancyaor~ഀ 4. The applicant shall record, or cue (o be recorder . n easementഀ for deliveries to pis thru the F-nase IN existing parkitV garage, inഀ a, form approved by the Towh Attorney, prior to the issuQnce~ V aഀ bailding;permit.ഀ Should the Council choose to approve this amendment, the Communityഀ Development Department recommends that the Council makes the followingഀ findings:ഀ 1. That the amendment is consistent with the applicable elements ofഀ the adopted goals, objectives and policies outlined in the Vailഀ Comprehensive Plan and is in-compatible with the developmentഀ objectives of the Town, based upon the review outlined in Sectionഀ Vll of the Staff's September 22, 2008, memorandum to theഀ Planning and Environmental Commission; andഀ 2. That the amendment does further the general and specificഀ purposes of the Zoning Regulations, based upon the reviewഀ outlined in Section VII of the Staffs September 22, 2008,ഀ memorandum to the Planning and Environmental Commission;ഀ andഀ 3. That the amendment does promote the health, safety, morals, andഀ general welfare of the Town, and does not promote theഀ coordinated and harmonious development of the Town in aഀ manner that conserves and enhances its natural environment andഀ its established character as a resort and residential community ofഀ the highest quality, based upon the review outlined in Section VIIഀ of the Staff's September 22, 2008, memorandum to the Planningഀ 4ഀ and Environmental Commission.ഀ IV. ATTACHMENTSഀ A. Ordinance No. 22, Series of 2008, second readingഀ B. Comparable public benefits in private development reportഀ C. Council Minutes of November 4, 2008 meetingഀ 5ഀ ATTACHMENT A:ഀ ORDINANCE NO. 22ഀ Series of 2008ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OFഀ 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE 111 OF SDDഀ NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAILഀ TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE ANDഀ RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLINGഀ UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILINGഀ 1, AND SETTING FORTH DETAILS IN REGARD THERETO.ഀ WHEREAS, amendments to a Special Development District are permittedഀ pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of theഀ Town of Vail; andഀ WHEREAS, the Planning and Environmental Commission of the Town of Vailഀ held a public hearing on October 13, 2008 to consider the proposed amendment inഀ accordance with the provisions of the Town Code of the Town of Vail and forwarded aഀ recommendation of approval to the Town Council of the Town of Vail based on theഀ criteria and findings presented in the staff memorandum; andഀ WHEREAS, the Vail Town Council finds that the proposed amendment to Specialഀ Development District No. 6, complies with the review criteria outlined in Section 12-9A-8ഀ of the Vail Town Code and that the applicant has demonstrated that any adverse effectsഀ of the requested deviations from the development standards of the underlying zoning areഀ outweighed by the public benefits provided; andഀ WHEREAS, the approval of the major amendment to Special Developmentഀ District No. 6, and the development standards in regard thereto shall not establishഀ precedence or entitlements elsewhere within the Town of Vail; andഀ WHEREAS, all notices as required by the Vail Town Code have been sent to theഀ appropriate parties; andഀ WHEREAS, the Vail Town Council considers it in the best interest of the publicഀ 6ഀ health, safety, and welfare to adopt the proposed amendments to Special Developmentഀ District No. 6ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THEഀ TOWN OF VAIL, COLORADO, THAT:ഀ *All additions are illustrated with bold italics and deletions are illustrated withഀ s#iket#Feug#ഀ Section 1. Purpose of the Ordinanceഀ The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan forഀ Phase III of SDD No. 6, to allow for the conversion of 1,237 square feet of commercialഀ space to residential for an addition to an existing dwelling unit.ഀ Section 2. Establishment Procedures Fulfilled, Planning Commission Reportഀ The procedural requirements described in Chapter 12-9A of the Vail Town Code haveഀ been fulfilled and the Vail Town Council has received the recommendation of approvalഀ from the Planning & Environmental Commission for the major amendment to Specialഀ Development District No. 6, Vail Village Inn. Requests for the amendment of a specialഀ development district follow the procedures outlined in Chapter 12-9A of the Vail Townഀ Code.ഀ Section 3. Special Development District No. 6ഀ Special Development District No. 6, Vail Village Inn, is hereby amended to assureഀ comprehensive development and use of the area in a manner that would be harmoniousഀ with the general character of the Town, provide adequate open space and recreationഀ amenities, and promote the goals, objectives and policies of the Town of Vailഀ Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase III, isഀ regarded as being complementary to the Town of Vail by the Vail Town Council and theഀ 7ഀ Planning & Environmental Commission, and has been amended because there areഀ significant aspects of the Special Development District that cannot be satisfied throughഀ the imposition of the standard Public Accommodation zone district requirements.ഀ Section 4. Development Standards, Special Development No. 6, Vail Village Innഀ The amended Development Plan for Special Development District No. 6, Vail Villageഀ Inn, Phase ►Il, shall include the following plans and materials prepared by Blue Lineഀ Architects, dated September 24, 2008:ഀ a. A1.3. Parking Mapഀ b. A2.1. Level 95.0 Existingഀ C. A2.2. Level 95.0 Proposedഀ d. A2.3. Level 105.0 Existingഀ e. A2.4. Level 105.0 Proposedഀ f. A2.5. Level 114.4 Existingഀ g. A3.1 Exterior elevationsഀ h. A3.2 Exterior elevationsഀ L A5.1. Vicinity Mapഀ 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 Pierceഀ Architects, dated December 13, 2004, and stamped approved by the Town of Vail, datedഀ March 1, 2005:ഀ a. A200. Level One Floor Planഀ b. A201. Level Two Floor Planഀ 8ഀ G. A202. Level Three Floor Planഀ d. A301. North & South Elevationsഀ e. A302. East & West Elevationsഀ Density-Number of Units Per Acre -ഀ The number of dwelling units permitted in Special Development District No. 6, Vail Villageഀ Inn shall not exceed the following:ഀ Dwelling Units Per Acre -13.25ഀ 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 theഀ following:ഀ GRFA - 187,798 Square Feetഀ Other Development Standardsഀ No other development standards are amended by this ordinance.ഀ Section 5. Conditions of Approvalഀ The following conditions of approval shall become part of the Town's approval ofഀ the amendment of Special Development District No. 6, Vail Village Inn:ഀ 1. The applicant shall install or cause to be installed, a new loading andഀ delivery connection on the west end of the existing underground parkingഀ garage (Under Building No. 1 in Phase Ill) that aligns -m idh the Plaza'sഀ existing loadng and delivery garage door at tbw east end of theഀ underground parking garage, accessed off the Sduth Frontage Road, priorഀ 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 ofഀ $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 nearഀ 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 toഀ 9ഀ pass thru the Phase M existing parking garage, as approved by the Townഀ Attorney.ഀ Section 6. If any part, section, subsection, sentence, clause or phrase of thisഀ ordinance is for any reason held to be invalid, such decision shall not effect the validityഀ of the remaining portions of this ordinance; and the Town Council hereby declares itഀ would have passed this ordinance, and each part, section, subsection, sentence, clauseഀ 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 thisഀ ordinance shall not affect any right which has accrued, any duty imposed, any violationഀ that occurred prior to the effective date hereof, any prosecution commenced, nor anyഀ 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 ordinanceഀ 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. Thisഀ repealer shall not be construed to revise any bylaw, order, resolution or ordinance, orഀ part thereof, theretofore repealed.ഀ 10ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDEREDഀ PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of October, 2008 and aഀ 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, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2ndഀ day of December, 2008.ഀ Richard D. Cleveland, Mayorഀ Attest:ഀ Lorelei Donaldson, Town Clerkഀ 11ഀ Attachment B:ഀ Comparable public benefits in private development reportഀ Please find below, recently approved development examples including the developmentഀ deviations from the requirements and provided public benefits as compared to theഀ current development proposal.ഀ VAIL VILLAGE INN (SDD No. 6)ഀ Deviations/ Development Plan changes:ഀ o Convert 1,237 square feet of commercial space to residentialഀ Public Benefits:ഀ o Applicant has agreed to install a new loading and delivery connection on the westഀ end of the existing underground parking garage to facilitate efficient loading andഀ delivery services within SDD No. 6, Phase III (In compliance with proposedഀ condition #1)ഀ o Applicant has agreed to install a wheelchair and delivery lift located near Osaki'sഀ to facilitate efficient loading, delivery and access (in compliance with proposedഀ condition #4).ഀ o HOA has agreed to grant an easement for deliveries to pass thru the Phase IIIഀ existing underground parking garage, 2 levels (In compliance with proposedഀ condition #5).ഀ FOUR SEASONS (SDD No. 36)ഀ Deviations:ഀ o Increase in site coverage from 77,199 s.f. to 84„ 402 s.fഀ o Increase in building height from 48 feet to 89 feetഀ Public Benefits:ഀ o Streetscape improvements contribution to Meadow Drive design and installationഀ along their property to intersection with Vail Road.ഀ o Installation of north south walkway from Frontage road to Meadow Drive alongഀ 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 ofഀ 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 paversഀ and providing a better landscaping.ഀ o Improvements to Mill Creek to naturalize the creek and stop erosion in areas.ഀ 12ഀ 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 Driveഀ o Contribution of $100,000 to streetscape study and improvements to Gore Creekഀ Drive and Chalet Road.ഀ o Installation of a sidewalk extension to the Ford Park Bus Stop on Vail Valleyഀ Drive.ഀ SOLARIS (SDD No. 39)ഀ Deviations:ഀ o A reduction in all required setbacks some as low as zeroഀ o Increase in building height from 38 feet to 99.9 feetഀ o Increase in the number of Dwelling units from 47 to 77ഀ 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, andഀ portion of Willow Drive connected to Town boilers. Portions to be placed onഀ 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 chargeഀ 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 setbacksഀ 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 EHUഀ 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 28ഀ to 9 (12 are permitted). This eliminated a non conformity.ഀ 13ഀ Attachment C:ഀ Town Council Minutesഀ November 4, 2008ഀ --Second reading of Ordinance No. 22, Series of 2008, repealing and re-enactingഀ Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing theഀ 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 theഀ conversion of an existing office and retail space to residential for an addition to anഀ existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1ഀ Planner Nicole Peterson explained the SDD major amendment ordinance requestഀ includes the conversion of existing office and retail space to residential for anഀ 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 newഀ 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 includesഀ the interior reconfiguration of the existing unit #110 level 105.0' and minor exteriorഀ alterations. The proposal does not include any additions outside the exterior walls of theഀ 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, isഀ not enforceable by law. The item could be modified so that the applicant is notഀ responsible for the easement requested. Campbell explained the HOA is a jointഀ applicant. The applicant's legal representative Tim Devlin explained the progress of theഀ proposal and stated that the Homeowner's Association is not interested in the proposalഀ for a public easement over the pocket park. Foley clarified the Solaris development wasഀ responsible for making improvements to the pocket park. Daly moved to approve theഀ ordinance with Foley seconding. Newbury did not agree with converting retail toഀ residential. Gordon stated findings against the proposal and agreed with condition #6,ഀ page 4 of the Staff memorandum. During public comment, Joe Staufer, subject propertyഀ owner, said he had adequately contributed to the town and the ordinance deserved to beഀ passed. Local homeowner association representative Anne Bishop spoke in support ofഀ 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'sഀ Association representative Jim Lamont expressed concern that Council demands forഀ "public access to a private pocket park" were "heavy-handed." Daly then withdrew hisഀ motion. Hitt moved to table the item until December 2, Series of 2008 with Gordonഀ seconding (In order to provide a comparable public benefit analysis). Devlin said hisഀ client had no control over whether the pocket park was public or not. The motion passedഀ unanimously, 6-0.ഀ 14ഀ . nsaaa Haഀ dഀ -I gഀ 7W x R~~, rഀ V 3 gg ~ Q!6ഀ Rigഀ Hillഀ IIഀ r n Iഀ eഀ IIlVtl03HO { ~ li.L LIഀ ~ ~V II i eഀ 1 54 f:; ` g~zg ~ഀ ,yഀ eഀ Iഀ L oഀ e e e eഀ 1ഀ 1ഀ 1ഀ < rഀ ഀ = pഀ ~mഀ CLഀ yഀ CDഀ 0ഀ Mഀ Qഀ 7ഀ yഀ Ord. No.ഀ Village Inn Plaza, Phase III, Condominium Association, Condominiumഀ Association,ഀ 100 East Meadow Drive, Vail, Colorado 81657ഀ 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 (theഀ Town planning personnel and the Town Council) assisted VIP, Phase III, inഀ giving some degree of protection to the large trees adjacent to Solaris on theഀ southeastern part of the VIP property line with Solaris from destruction orഀ removal during Solaris construction. The Town did not give protection to theഀ trees on VIP property along the northeast part of its property line - these treesഀ 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) pathwayഀ beside the southern line of trees would be removed, and that the new pathഀ system to be constructed by Solaris (the connecting steps to VIP, Phase III, andഀ 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 beഀ a sufficient pedestrian linkage of VIP upper level commercial areas to Solarisഀ commercial areas and to East Meadow Drive. There was at that time no interestഀ expressed by the Town in the retention of the degraded old asphalt path. VIP'sഀ main interest in the removal of the old asphalt walkway (made dangerous by theഀ upward growth of the tree roots, making a number of three to four inch highഀ raising and cracking areas in the asphalt path) was to provide a less impairedഀ growing situation for the trees. Due to work by Solaris during its earlyഀ construction, much more of the tree roots near Solaris have been cut than wasഀ originally envisioned, at least by those at VIP, making the provision of a betterഀ growing situation on the trees' western side by the asphalt path a very importantഀ priority. At the time of the Solaris planning process when removal of the oldഀ asphalt path was discussed, VIP was not informed by the Town that anyഀ permission for its removal to help to save the large trees would be needed. Thereഀ was also not any concern expressed by the Town at the prospect of removing theഀ old asphalt path as an access to East Meadow Drive since the new paths to beഀ provided by Solaris (only a very short distance away) would give sufficient Eastഀ Meadow Drive access.ഀ Handicapped Accessibility to East Meadow Drive:ഀ The Town of Vail said nothing about and took no action on any handicappedഀ accessibility matters having any relationship to VIP, Phase III, during the Solarisഀ planning process. As a matter of fact, it was VIP people who requested, with fullഀ knowledge of Town planning people, that a possible handicapped accessibleഀ connection between VIP and Solaris be examined to replace a series of stepsഀ which had been planned by Solaris as the connecting element. The Solarisഀ architects looked at this possibility and concluded with VIP and Town planningഀ people that there was insufficient space (using primarily VIP property) for aഀ handicapped access connection.ഀ Should the Town have been interested in some outdoors handicapped accessഀ from the upper level VIP commercial spaces to East Meadow Drive, such aഀ connection could more readily have been planned during the approval processഀ for the new Vail Plaza Hotel. Handicapped access between the upperഀ commercial level of VIP (also the south terrace or outdoor plaza level of the Vailഀ Plaza Hotel) and East Meadow drive is currently available by entering the hotelഀ on its plaza and pool level, taking the interior elevator down one floor, andഀ exiting at the hotel's entry level and taking the path between VIP, Phase V (byഀ the Mountain Dog store) and the liquor store on the property of yet another VIPഀ condominium association. Please note that Village Inn Plaza is several pieces ofഀ property, all different legal entities, and not a single one.ഀ The So-Called "Pocket Park" between VIP, Phase III, and Solaris:ഀ 2ഀ 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 featureഀ (to run in the warmer months only) designed to maximize the sound of falling orഀ splashing water to try to mitigate the traffic sounds from I-70 and the Southഀ Frontage Road, which may well increase in audibility due to the possible "echoഀ chamber" like very close space between VIP and the new Solaris building. Theഀ agreement to build this is one entirely between VIP, Phase III, and Solaris, and isഀ not in any way a part of the public "benefits" which Solaris was required toഀ provide in exchange for its having been granted Town of Vail permission toഀ exceed various height, set back, and other requirements on its property. Theഀ water feature area is not an area designed for general public use andഀ accessibility, and VIP, Phase III, does not plan to grant "public access" rights toഀ the water feature area on its private property adjacent to its residential units. Inഀ summary, the "pocket park", is a "private green space" with a water feature, theഀ purpose of which is to absorb and mitigate sound and screen one building fromഀ another.ഀ D. Deane Hall, Jr.ഀ President, Board of Managersഀ November 4, 2008ഀ 3ഀ ഀ ONഀ _141n -ഀ 'tq { Jo - 9ഀ ~1/p ~vrl. 1 J d-~a sS ~`oVtഀ Nicole Peterson - Colondo Company SDD Amendment Application - Conditions ofഀ Approvalഀ From: "Devlin, Timothy N."ഀ To: "Nicole Peterson"ഀ Date: 11/04/2008 4:48 PMഀ Subject: Colondo Company SDD Amendment Application - Conditions of Approvalഀ 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//ageഀ Inn Phase 3 Property (pgs 7-8), regarding the obligations of "Crossroads to fund, install and construct: (ii) aഀ 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 theഀ 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 theഀ Association submitted to the Town yesterday in connection with the Association's DRB application for the removalഀ of the crumpling asphalt walkway on the east side of the Vail Village Inn Phase 3 building. Note that the pocketഀ 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 theaterഀ patrons. As stated in the attached letter, the Association desires that the pocket park remain private as intendedഀ 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 theഀ 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 200ഀ Vail, CO 81657ഀ 970-790-1605 Direct Dialഀ 970-476-7646 Main Lineഀ 303-358-0742 Cellഀ 970-476-7118 Fax Lineഀ tdevlin@shermanhoward.comഀ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT ISഀ ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPTഀ FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, orഀ the employee or agent responsible for delivering the message to the intended recipient, you are hereby notifiedഀ that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If youഀ 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 34299ഀ Pgs is 91 89:48: 72Attഀ REC:ഀ 591.86 00C: 12/ 18/2006ഀ CROSSROADS DEVELOPMENT AGREEMENTഀ THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement") is madeഀ effective as of the 25 h day of July, 2005, by and between the TOWN OF VAIL, a municipalഀ corporation duly organized and existing under and by virtue of the laws of the State of Coloradoഀ (the "Town"), and CROSSROADS EAST ONE, LLC, a Colorado limited liability companyഀ ("Crossroads'). 1~9/ഀ RECITALS:ഀ A. Crossroads intends to redevelop certain real property in the Town of Vail, commonly knownഀ as Crossroads at Vail, which is located in Special Development District No. 39, legallyഀ described on Exhibit A attached hereto and incorporated herein by reference (theഀ "Property").ഀ B. The Town, through its appropriate boards and reviewing agencies, including its Planning andഀ Environmental Commission, has approved plans to allow for the redevelopment of theഀ Property pursuant to utactഀ ,.~Y~ •(the "Crossroads Project").ഀ C. Pursuant to the Crossroads Approvals, hereinafter defined, and to further mitigate the impactഀ of the Crossroads Project, Crossroads has agreed to provide certain public benefits andഀ improvements as more specifically described and defined herein.ഀ NOW, THERFORE, in consideration of the above premises and the mutual covenantsഀ and agreements set forth herein, the parties agree as follows:ഀ 1, References to the Crossroads Approvals. The "Crossroads Approvals" shall refer to thoseഀ plans, specifications and agreements approved by the Town for the Crossroads Project Theഀ "Final Plans" include the plans approved as part of Town of Vail Ordinance No.5, Seriesഀ 2006, plans approved by the Town's Design Review Board (the "DRB'~, and constructionഀ plans approved in connection with any building permit.ഀ 2. Required Improvements-Allocation of Responsibility. The parties hereby agree that ifഀ Crossroads obtains a building permit and commences construction of the Crossroads Project,ഀ Crossroads shall be responsible for the following improvements as more specifically set forthഀ below (the "Required improvements"):ഀ a. Public Improvements: Pursuant to the Crossroads Approvals, Crossroads is responsibleഀ for designing, installing and constructing (as applicable) the following improvements, asഀ depicted on the Final Plans (the "Public Improvements"):ഀ i. New heated paver sidewalks along the south side of South Frontage Road, theഀ 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, Willowഀ Bridge Road and Village Center Road.ഀ 200634299 1 OF 18ഀ Jt i 2;.::1 3 rഀ A new raised median in South Frontage Road with new landscape materials andഀ irrigation facilities.ഀ iv. Street lighting, as approved by the DRB, on South Frontage Road, East Meadowഀ Drive, Willow Bridge Road and Village Center Road.ഀ V. Storm drainage improvements adjacent to the Property and along South Frontageഀ Road, East Meadow Drive, Willow Bridge Road and Village Center Road toഀ adequately convey storm-water runoff.ഀ vi. Reconstruction of Village Center Road, including the installation of heat tubingഀ for connection by the Town to a Town heat source, the connection to the heatഀ source, all costs of providing the heat source, the maintenance of the heat sourceഀ and heat tubing, costs allocated for heating Village Center Road, landscapeഀ materials, construction of a utility conduit trench system, street lighting, concreteഀ unit pavers and the required subsurface support system. Crossroads shall beഀ responsible for heating Village Center Road for the life of Special Developmentഀ District No. 39, Crossroads (the "SDD").ഀ vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including theഀ installation of heat tubing to be made available to the Town for future connectionഀ by the Town to a Town funded heat source (not yet determined), landscapeഀ materials and planters, construction of utility conduit trench system, streetഀ lighting, concrete unit pavers and the required subsurface support system.ഀ viii. Crossroads shall be responsible for the heat and snowmelt facilities, including theഀ heat plant and heat distribution system, required for the sidewalks along the southഀ side of South Frontage Road, the north side of East Meadow Drive and the westഀ side of Village Center Road, the Plaza (as hereinafter defined), other walkwaysഀ within the Property boundaries, and the ongoing operation and maintenance ofഀ such facilities. Notwithstanding the foregoing, Crossroads may install andഀ operate the heat plant and heat distribution system in locations satisfactory toഀ Crossroads, in its ordinary business judgment, in such area(s) as are specified onഀ the Final Plans.ഀ ix. Crossroads shall be responsible for irrigating and maintaining all landscape areasഀ and plant materials within the public right-of-way located directly adjacent to theഀ eastern-most portion of the Property, as depicted on the Final Plans.ഀ b. Other Required Improvements: Pursuant to and in accordance with the Crossroadsഀ Approvals, Crossroads is also responsible for providing, constructing, operating andഀ maintaining (as applicable) the following improvements:ഀ i. Public Plaza: The Crossroads Project includes a plaza of approximately 24,130ഀ sq. ft. (the "Plaza'). Once construction of the Crossroads Project is complete, asഀ evidenced by the issuance of a temporary certificate of occupancy, and subject toഀ the additional terms and conditions contained herein, Crossroads or its designeeഀ shall transfer, assign or otherwise convey to the Town (or a Town-controlledഀ 1270943ഀ 200634299 2 OF 18ഀ limitation, the Movie Theater and Bowling Alley, to be owned and operated as aഀ unified commercial enterprise ("Unified Commercial Enterprise') for the life ofഀ the SDD,ഀ g. Condominium Covenants, Conditions and Restrictions: Prior to the approval of the finalഀ plat and condominium map for the Crossroads Project, the Town shall review andഀ approve the Condominium Covenants, Conditions and Restrictions (the "CC&R's") forഀ the Crossroads Project. Crossroads shall be required to include in CC&R's, or otherഀ appropriate condominium document(s), provisions allowing public activities and eventsഀ 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 planഀ (the "Parking Management Plan") which sets forth, in sufficient detail, the proposed use,ഀ operation and management of the parking facility planned in connection with theഀ Crossroads Project (the "Parking Facility"). The Town Council shall approve theഀ Parking Management Plan so long as it is reasonably calculated to (i) maximize the useഀ and occupancy of the Parking Facility and (ii) ensure that spaces not used by owners ofഀ residential condominium units or by commercial tenants or owners are available to theഀ general public to the greatest extent possible. Such approval shall not be unreasonablyഀ 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 3ഀ property, if, and only if, allowed by the Vail Village Inn Phase 3 Condominiumഀ Association (the "Association"). If the Association does not agree to the improvementsഀ as proposed by Crossroads and the easement documentation required by Crossroads toഀ evidence same, then Crossroads is hereby relieved of any requirement to provide saidഀ improvements. Crossroads proposes to fund, install, and construct (as applicable) theഀ following improvements:ഀ i. Four (4) large evergreen trees (20' in height) will either be relocated or plantedഀ new in the area indicated on the Final Plans, subject to direction on the exactഀ location provided by the Association. Continued maintenance of these trees shallഀ be the responsibility of the Association;ഀ ii. A private pocket park is to be created in the area shown on the site plan partiallyഀ located on the property of the Association and partially on the Crossroadsഀ property. The park will contain landscape area, walkways, benches, and plantഀ materials including trees as proposed by Crossroads. Crossroads will fund theഀ construction of these improvements. The individual property owners will beഀ responsible for continued maintenance of the improvements. Each propertyഀ owner will maintain the improvements within his/her property; andഀ iii. The stairs indicated on the site plan will be converted to an ADA accessible rampഀ that extends onto the property of the Association. Crossroads will fund theഀ construction of these improvements, but continued maintenance of theഀ 1270943ഀ 200634299 7 OF 18ഀ improvements will be the responsibility of the individual properly owners. Eachഀ 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 theഀ Crossroads Project connecting the Vail Village Inn Phase 3 to East Meadow Drive andഀ 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 Requiredഀ Improvements will be governed by and financed through the creation of one or moreഀ metropolitan districts, established pursuant to C.R.S. § 32-1-101 et seq. (the "Special Districtഀ Act'), and a single general-improvement district, established pursuant to C.R.S. § 31-25-101ഀ et seq., as more specifically described and defined below (collectively, the "Special Taxingഀ Districts') . The parties believe that this structure will: (a) properly allocate the variousഀ rights and responsibilities associated with the construction, use, operation and maintenanceഀ of the Required Improvements; (b) reinforce the public character of the Plaza by placing itsഀ management in the hands of public, quasi-governmental entities; (c) grant the Town authorityഀ to control the use of the Plaza and the operation and maintenance of certain other Requiredഀ 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 theഀ "Required Improvements" shall mean only those Required Improvements that qualify forഀ public financing under Colorado law. In consideration of the foregoing, the parties agree asഀ follows:ഀ a. The Town will permit and provide requisite approvals for the formation of not more thanഀ two metropolitan districts proposed by Crossroads, whose boundaries will be coextensiveഀ with the Property limits (the "Metropolitan Districts"). The service plan for theഀ Metropolitan Districts (the "Service Plan") will authorize the Metropolitan Districts toഀ undertake the construction, financing, operation and maintenance of the Requiredഀ Improvements, or applicable portions thereof, In addition, the Service Plan will limit theഀ Metropolitan Districts' powers to: (i) constructing the Required Improvements; (ii)ഀ operating and maintaining all Required Improvements not operated and maintained byഀ the GID (hereinafter defined), as more specifically set forth below; (iii) securingഀ financing necessary to perform such functions through the imposition of property taxesഀ and development fees; and (iv) taking such other actions and exercising such otherഀ powers, consistent with the Special District Act, as are necessary for or incidental to theഀ 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 theഀ purposes contemplated hereunder, Crossroads will execute a petition for the formation ofഀ a single general-improvement district, whose boundaries will be coextensive with theഀ Property limits (the "GID"}. The GID will be authorized to undertake, pursuant to anഀ intergovernmental agreement with the Metropolitan Districts (the "IGA"), theഀ management, operation and maintenance of certain Required Improvements and theഀ financing required in connection therewith. The IGA will expressly limit the GID'sഀ powers to: (i) controlling the use of the Plaza; (ii) operating and maintaining certainഀ 1270943ഀ 200634299 8 OF 18ഀ 4ഀ 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 thisഀ manor amendment to Special Development District (SDD) No. 6, Vail Villageഀ Plaza, the applicant shall construct andlor fund that portion of the Eastഀ Meadow Drive Streetscape improvements to be constructed in accordanceഀ with the Town of Vail Streetscape Master Plan (see Attachment E)."ഀ r c ~,a `n ~ഀ UJ a CDഀ ? °aഀ o Attachment: Eഀ CLഀ r1 aഀ a~.1 ! 1 a w 6r Wഀ >ഀ Jഀ Lijഀ C) r~ഀ n ,1 S 5,+'O. 0 N Nഀ 00- --0 Oഀ \ c0 1l co L'io -CONഀ %0 ix 0 IT (0 Zഀ tഀ o ti U 0ഀ r_ } Y-- Q i I. S Qഀ CL [r < J Wഀ O L;ഀ a .c i mഀ o X. Oഀ la 3 H a. (Jഀ Yഀ 7ഀ P.14 Liഀ tUഀ - Collഀ 1-tis - _in n7ഀ 4. d- ~U-~ iotiഀ .~,.N u u u Lഀ Aഀ W a l I Qഀ x x 0ഀ n ~ `L Vഀ _J N c n~, Uഀ p J U,ഀ W N Z ~~1ഀ 0ഀ 0.1ഀ N d ~ഀ 2.3ഀ r- vഀ 20 01 L~ഀ zഀ Cഀ 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 xഀ bLleഀ J --Iഀ `ALഀ L-7 7-0ഀ IIIഀ Y ;~J1Gv _ n / 1~.s l 1. l,1ഀ 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 aഀ developer. I think I have given a higher percentage of my projects to theഀ Town than any other developer.ഀ I think it is a shame to arbitrarily apply the Master Plan and Zoningഀ 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 theഀ spaces we like to convert. Most of the time not very successfully. That'sഀ why we donated the space to the Farmer's Market for several years. That is aഀ good use as far as Mark is concerned, but it does not pay for taxes orഀ common area assessments.ഀ Most of the potential tenants turned us down ( including office use) becauseഀ of the lack of public parking. I assume that lawyers hairdressers etc. thinkഀ 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 allഀ agree that this is NOT Prime Commercial.ഀ I think the Town would receive more benefits from the proposed change ofഀ use, since the Chedrauis are always around and they do not dine atഀ McDonalds.ഀ We have already hired a contractor to connect the parking garages and as itഀ stands with the hotels bankruptcy this is another $ 75,000 to $ 80,000 dollarഀ expense we have to absorb.ഀ Hope you have a chance to give the proposal another thought.ഀ Thanks,ഀ + Uഀ Special Development District (SDD)ഀ Application for Review by theഀ Planning and Environmental Commissionഀ 'i1lirf Yi 1 Department of Community Developmentഀ 'Al 75 South Frontage Road, Vail, Colorado 81657ഀ tel: 970,479.2128 fax: 970.479.2452ഀ web: www.vailgov.comഀ General Information:ഀ All projects requiring Planning and Environmental Commission review must receive approval prior to submitting aഀ 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 informationഀ is received by the Community Development Department. The project may also need to be reviewed by the Townഀ Council and/or the Design Review Board.ഀ Type of Application and Fee:ഀ ❑ Rezoning $1300ഀ ❑ Conditional Use Permitഀ $650ഀ ❑ Major Subdivision $1500ഀ ❑ Floodplain Modificationഀ $400ഀ ❑ Minor Subdivision $650ഀ ❑ Minor Exterior Alterationഀ $650ഀ ❑ Exemption Plat $650ഀ ❑ Major Exterior Alterationഀ $800ഀ ❑ Minor Amendment to an SDD $1000ഀ ❑ Development Planഀ $1500ഀ ❑ New Special Development District $6000ഀ ❑ Amendment to a Development Planഀ $250ഀ N Major Amendment to an SDD $6000ഀ ❑ Zoning Code Amendmentഀ $1300ഀ ❑ Major Amendment to an SDD $1250ഀ ❑ Varianceഀ $500ഀ (no exterior modifications)ഀ ❑ Sign Varianceഀ $200ഀ Description of the Request: conversion nfa Potioഀ n of Existing I Init 602 fro n Crrmmerrial tQKesidentiaLഀ llse (arn~rox.~ 1 s to combine with existing iLtSid-Qa a Upit_1_l0 aboveഀ Location of the Proposal: Lot: Block:ഀ Subdivision: Condominitun Unit 110 and aഀ Village nn a7aഀ portion of Unit 602,ഀ Physical Address: 1QQ~dor las1]QR602 Vail, C9 _ഀ #I 10:P5 rce 08ഀ Parcel No.: 4602: Parce19210108254031 (Contactഀ Eagle Co. Assessor at 970-328-8640 for pഀ arcel no.)ഀ Zoning: SCD No. 6 [Public Accomodation - Underlyingഀ ഀ Name(s) of Owner(s): Unit 9110: Colondo Companഀ 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 9ഀ ?00 _ഀ Vail CO 81657ഀ Phone: 970- X0.1605ഀ Owner(s) Signature(s):ഀ Name of Applicant: Colondo Co anഀ Z, _ഀ Mailing Address: _ Sherman & H. rd L. C. see aboveഀ 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;Noഀ F:\cdev\FORMS\Permiis\Planning\PEC\SDD10-18-2006.doc Page 1 of 7 D t,- 1 /A6 L~ U Vഀ -PF. 1 A G 1 12008ഀ I~ TOWN OF VAIഀ -4. Special Development District (SDD)ഀ Application for Review by theഀ Planning and Environmental Commissionഀ Department of Community Developmentഀ 75 South Frontage Road, Vail, Colorado 81657ഀ tei:970.479.2128 fax: 970.479.2452ഀ web, www.vailgov.comഀ General Information:ഀ All projects requiring Planning and Environmental Commission review must receive approval prior to submitting aഀ 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 informationഀ is received by the Community Development Department. The project may also need to be reviewed by the Townഀ Council and/or the Design Review Board.ഀ Type: of Application and Fee:ഀ ❑ Rezoning $1300 ❑ Conditional Use Permit $650ഀ ❑ Major Subdivision $1500 ❑ Floodplain Modification $400ഀ ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650ഀ ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800ഀ ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500ഀ ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250ഀ N Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300ഀ ❑ Major Amendment to an SDD $1250 ❑ Variance $500ഀ (r7o exterior modifications,) ❑ Sign Variance $200ഀ Description of the Request: Conversinn of a Potion of Fxisting I Init 60? from Commercial tp,ResidentiaLഀ 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: Coഀ . zaഀ Physical Address: . eANM A,0 Units I 10 & 601 Vaal CO -ഀ # 110: Pat~cഀ 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 te20nഀ Vail CO 81657 hone: 970-790-1605ഀ Owner(s) Signature(s):ഀ Name of Applicant: Colondo anഀ Malliing Address: Sherman & Howard, L.L.C. (see above)ഀ Phone: 970-790-1605ഀ E-mail Address: t4levliti Ahermanhoward.com Fax 303-298-094ഀ F:`a:dev\FORMS\Permiis\Ptanning\PEC\SDD10-18-2006.doc Page i of 7 114106ഀ Iഀ JUL-d8-dUUd d.5:140 From: Io:5HtK1"IHN HUWHKU f'.d'Cfഀ Village Inn Plaza, Phase III, Condominium Associationഀ 100 East Meadow Drive, Vail, Colorado 87657ഀ July 26, 2008ഀ Town of Vailഀ 74 South rr.olitage Roadഀ Vail, Colorado 81567ഀ Re: Remodel and Addition Planഀ Blue Line Architects P.C.ഀ Chedrui Residence Project # 0814ഀ Sheets A2.01 tbroogb A2.04 and A3.01 through A3.04ഀ inclusive.ഀ near Sirs:ഀ This letter is to i.rl.form you that the Soard of Matiagere of Vailഀ village tnn Plaza, Phase 111, Condominium Association hasഀ approved the conversion of approximately 1500 sq, ft. of comme.r-ഀ ci.al. space currently owned by Joe Staufer r_o resideintial use toഀ be incl iA.ed in and be a part of the Chedraui Un.tt 110 Vailഀ Village Inn Plaza, base III Condominiums as set folr. th in theഀ plan identified. above as well as any subsequent modlfi.Cationg,ഀ thereto rewired by the Town of Vail not to exceed 1500 sq. ftഀ Sincerely yours,ഀ 0, Deane Hall Jr,ഀ President, Board of managersഀ 'Aഀ 7~d},~ PpTI~'t~WNERഀ t T- ~~ll WRITTEN APPROVAL LETTERഀ I, (print name) Josef Staufer, Vail Village Inn, Inc. a joint owner of property located atഀ unit 602 Village Inn Plaza,100 E. Meadow Drive, Vail CO 81657 provideഀ this letter as written approval of the plans dated _07-23-08which have beenഀ submitted to the Town of Vail Community Development Department for the proposed improvements toഀ 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 toഀ 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 reviewഀ 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 ofഀ the review process, be brought to my attention by the applicant for additional approval beforeഀ undergoing further review by the Town.ഀ jlrrrira//Tere%ഀ joinrpmpelo, ou 17e' /ellei- Irmised /2'7&20v2l 5'rഀ F lcdev\FORMS\Permits\Planning\PEC\SDD10-18-2006.doc Page 2 of 7 1/4106ഀ ~ N Oഀ O I oഀ u rഀ anഀ C'_'C~ ~r"'bCഀ ~Cഀ rriഀ Y, o,Cഀ 00ഀ ~pഀ pഀ oഀ CDഀ - oഀ oഀ C -riഀ ~ഀ ~ UQഀ ഀ I-rIഀ Wഀ ഀ ~ഀ .lyഀ 'ഀ tdഀ oഀ nഀ ~ nഀ bഀ toഀ ~ ~O ~ Cഀ O ~ഀ CD CAഀ bഀ d nഀ C O.ഀ ~ oഀ Wഀ aഀ 0ഀ o'ഀ ~ms~ഀ n Dഀ O CDഀ o ~ഀ Nഀ nഀ Cഀ Oഀ b nഀ O O F?ഀ 00 o 11) CDഀ 01 O 'CS '17ഀ 0 Nഀ Oaഀ Oഀ aഀ 0ഀ o'ഀ °O Wഀ o~Cഀ Nഀ Dഀ CDഀ d ~ഀ nഀ Oഀ aഀ Oഀ Wഀ O ~ഀ 00ഀ ~dഀ Nഀ w Cഀ 0ഀ a.ഀ 0ഀ aഀ 0ഀ o'ഀ ~C O Cഀ O ~ഀ a. •tiഀ 0ഀ ~ Nഀ d ~ഀ Wഀ (Dഀ Cഀ C7ഀ 0ഀ Orഀ 0ഀ Nഀ CDഀ W~a~ ~ഀ Oഀ ° ~10 ¢ഀ ° nഀ 00ഀ CD s Oഀ "3ഀ Oഀ ONഀ aഀ ."S n C)ഀ oഀ Nഀ a.ഀ a .ഀ aഀ C oഀ oഀ .ഀ ~Nഀ O 6'ഀ C N n Cഀ P Oഀ doഀ Zഀ 00ഀ Vi O p '"dഀ P) Nഀ Oഀ N nഀ aP aഀ ~ oഀ Cn ('Dഀ (D c'ഀ (Dഀ W aഀ O°ഀ o'ഀ N ~ഀ Cഀ CDഀ o gഀ bഀ Nഀ piഀ O0ഀ Nഀ C~ഀ Oഀ 00ഀ 01ഀ Nycnഀ O ~ഀ Co~~ഀ ~ N Oഀ C7ഀ ~ഀ )~Cz7~ Oഀ ~ N ~ Oഀ p CDഀ _ C77ഀ Oഀ Cഀ CDഀ aഀ Oഀ ഀ Opഀ N Cഀ Oഀ C7~ഀ ~ഀ ~ bഀ nഀ o0ഀ Oഀ Oഀ O~ ~C Q..ഀ 0iഀ 00ഀ (Opഀ Yഀ 77CDഀ 0 d~.oഀ 0ഀ CDഀ oഀ nO-ഀ CL Qqഀ CDഀ (Dഀ Cഀ Oഀ Nഀ N CDഀ CDഀ CDഀ Oഀ .fl Oഀ Oഀ q .ഀ CLഀ "t Cഀ o ~ഀ 0ഀ Yഀ 0ഀ o'ഀ ഀ ഀ toഀ ഀ ~~'•CDഀ ~oഀ 00 Q..ഀ o oഀ cnഀ Cഀ aഀ Cഀ C} oഀ (D Cl,ഀ ~1 Qqഀ ~ഀ cnഀ ഀ ~ഀ Oഀ .mഀ Ca.ഀ Oഀ Oഀ FAഀ Sherman & Howard L.L.C.ഀ ATTORNEYS x COUNSELORS AT LAWഀ 1000 South Frontage Road West . Suite 200ഀ VAIL, COLORADO 81657ഀ TELEPHONE: (970) 476-7646ഀ FAX. (970) 476-7118ഀ OFFICES IN. DENVER COLORADO SPRINGSഀ PHOENIX RENO LAS VEGASഀ Timothy N. Devlinഀ Direct Dial # (970) 790-1605ഀ E-mail: tdevlinC`shermanhoward.comഀ July 24, 2008ഀ Village Inn Plaza Condominium Associationഀ 100 E Meadow Dr., #31ഀ Vail, Colorado 81657ഀ Re: Request for Association Approval of Combination of Unit 110 with a Portion of Unit 602ഀ Dear Village Inn Plaza Condominium Association:ഀ On behalf of our client Alfredo Chedraui, the current owner of Village Inn Plazaഀ Condominium Unit #110, the purpose of this letter is to request approval from the Associationഀ for Mr. Chedraui's proposed combination of Unit #110 with a portion of Unit #602 locatedഀ immediately below Unit #110. Unit #602 is currently owned by Josef Staufer, who has aഀ purchase contract with Mr. Chedraui for a portion of Unit #602 that is presently occupied byഀ three lessees: (i) Digits Nail Boutique, (ii) Robinson, Mitchell & Associates, and (iii) the easternഀ one-third of To Catch a Cook's space (collectively, the "Premises" - level 95.0). The Premisesഀ consist of approximately 1,483 sq. ft. of floor area.ഀ Enclosed are proposed floor plans and elevations drawings prepared by Blue Lineഀ Architects for Mr. Chedraui. Note that there are two primary components to the proposedഀ project request:ഀ Conversion of the Premises from commercial to residential use (connecting to theഀ above Unit #110 - level 105.0'); andഀ 2. Conversion of one existing bedroom and bathroom in Unit #110 (level 105.0') toഀ become a dining area. Additional minor alterations to existing Unit #110 include theഀ addition of a powder bath, a pantry, and an interior stair connecting Unit #110 to theഀ 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 toഀ the existing Unit #110.ഀ Exterior modifications to the north elevation include the removal of the aluminumഀ storefront windows and doors at Robinson, Mitchell & Associates' existing real estate office andഀ the existing Digits Nail Boutique. These storefront windows and doors would be replaced withഀ aluminum clad bronze windows (per enclosed sheet A3.02), and trimmed below the windowsഀ Sherman & Howard L.L.C.ഀ with wood to match similar treatment of other windows in the building. The existing doorway toഀ Robinson, Mitchell & Associates' office will be removed and patched with stucco to match theഀ adjacent finish and color. Three additional windows will be added to the north elevation at Unitഀ #110 above the new proposed entry door to the converted Premises. The new entry door wouldഀ be designed to match the doors entering the adjacent Claggett Rey Gallery. A new timber frameഀ 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 existingഀ wood roofing shingles with non-combustible roofing materials. Alternatively, a canvas awningഀ (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 unusedഀ void space below the existing Unit #110 balcony. This would result in the addition of two newഀ pairs of windows for bedrooms in the Premises, which will be sized, colored, and trimmed toഀ match the adjacent windows at Unit #111. Heavy timber wood brackets, stained to match otherഀ trim on the building, will be added to accent the "bump-out" below the Unit #110 bump-out asഀ indicated on enclosed sheet A3.04. Additional windows on the east elevation include a newഀ window at the east wall of the Premises, and the addition of new transom windows above theഀ existing balcony doors of Unit #110. Any exterior materials damaged during demolition for theഀ 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 theഀ 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. Devlinഀ Enclosures - Chedraui Residence Remodel and Addition Drawings (8 Sheets)ഀ cc: Ann Reilly Bishop, Esq.ഀ Josef Stauferഀ Alfredo Chedrauiഀ Robbie Robinsonഀ 2ഀ Chedraui. Alfredo LTR-to Village Inn Plaza Assn re request for approval of unit combinatior.docഀ Colondo Companyഀ Request to Convert a Portion of Unit #602, Village Inn Plaza, from Retail andഀ Professional Office Uses to Residential Useഀ Written Statements (from Submittal Requirements):ഀ a. Description of the Nature of the Proiect:ഀ The Applicant, Colondo Company, is the current owner of Village Inn Plazaഀ Condominium Unit #110, and is requesting approval from the Town of Vail for the proposedഀ 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 withഀ 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 Toഀ Catch a Cook's space (collectively, the "Premises" - level 95.0). The Premises consist ofഀ approximately 1,483 sq. ft. of floor area. Both Colondo Company and Vail Village Inn, Inc., haveഀ signed the application for Major Amendment to SDD No. 6.ഀ Enclosed with the Application for Major Amendment to SDD No. 6 are existing andഀ proposed architectural drawings prepared by Blue Line Architects for the Applicant. Note thatഀ 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 useഀ (connecting to the above Unit #110 - level 105.0'); andഀ 2. Conversion of one existing bedroom and bathroom in Unit #110 (level 105.0') toഀ become a dining area. Additional minor alterations to existing Unit #110 include theഀ addition of a powder bath, a pantry, and an interior stair connecting Unit #110 to theഀ 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 theഀ existing Unit #110.ഀ Exterior modifications to the north elevation include the removal of the aluminumഀ storefront windows and doors at Robinson, Mitchell & Associates' existing real estate office andഀ the existing Digits Nail Boutique. These storefront windows and doors would be replaced withഀ aluminum clad bronze windows (per enclosed sheet A3.02), and trimmed below the windowsഀ with wood to match similar treatment of other windows in the building. The existing doorway toഀ Robinson, Mitchell & Associates' office will be removed and patched with stucco to match theഀ adjacent finish and color. Three additional windows will be added to the north elevation at Unitഀ #110 above the new proposed entry door to the converted Premises. The new entry door wouldഀ be designed to match the doors entering the adjacent Claggett Rey Gallery. A new timber frameഀ 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 existingഀ wood roofing shingles with non-combustible roofing materials. Alternatively, a canvas awningഀ (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 unusedഀ void space below the existing Unit #110 balcony. This would result in the addition of two newഀ pairs of windows for bedrooms in the Premises, which will be sized, colored, and trimmed toഀ match the adjacent windows at Unit #111. Heavy timber wood brackets, stained to match otherഀ trim on the building, will be added to accent the "bump-out" below the Unit #110 bump-out asഀ indicated on enclosed sheet A3.04. Additional windows on the east elevation include a newഀ window at the east wall of the Premises, and the addition of new transom windows above theഀ existing balcony doors of Unit #110. Any exterior materials damaged during demolition for theഀ addition of the features described above will be repaired to match existing materials.ഀ b. Statement of How and Where the Proposed Development Deviates from theഀ Development Standards in the Property's Underlying Zone District:ഀ The underlying zoning district is Public Accommodation (PA). The proposed projectഀ does not deviate from the Development Standards in the PA District. The Applicant is requestingഀ to add 1,483 GRFA to Phase III of SDD No. 6.ഀ Colondo Companyഀ Request to Convert a Portion of Unit #602, Village Inn Plaza, from Retail andഀ Professional Office Uses to Residential Useഀ Zoning Analysis (from Submittal Requirements):ഀ Unit #602:ഀ Existing office & retail area, Unit #602: 3,416 SFഀ Area of portion of Unit #602 converted from office/retail uses to residential Use: 1,483 SFഀ Remaining retail area, Unit #602: 1,933 SFഀ Unit #110:ഀ Existing GRFA, Unit #110: 2,310 GRFAഀ Additional area, Unit #110, from converted portion of Unit #602: 1,483 GRFAഀ Total area of Unit #I 10 (after combination w/portion of Unit #602): 3,793 GRFAഀ 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 requiredഀ to have a minimum of 1.4 parking spaces. Therefore, the addition of 1,483 of GRFA to Unit #110 will notഀ result in any additional parking spaces being required. Note that under the terms of the purchase contractഀ between Colondo Company and Vail Village Inn, Inc., one additional parking space will be sold toഀ 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 Unitഀ #602 will result in an overall decrease in parking required as follows:ഀ Existing retail store area being eliminated from Unit #602: 1,140 SFഀ Results in a reduction of 2.6 (3) parking spaces being required (based on requirement of 2.3 spaces perഀ 1,000 SF of net floor area for retail stores and personal services);ഀ Existing professional/business office area being eliminated from Unit #602: 343 SFഀ Results in a reduction of 0.93 (1) parking space being required (based on requirement of 2.7 spaces perഀ 1,000 SF of net floor areaഀ TOTAL REDUCTION IN PARKING DEMAND: 3.53 (4) PARKING SPACESഀ ' :E :2. .H _H Jb = ~E Fp •._s 9' E3:; - 3 k 3~ ""d / Iഀ t E Y8 Y° .ice ° 'e:e:F. 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ANTONIO CHEDRAUI CARAM S/Nഀ COL. ENCINAL 91180ഀ XALAP,VERACRUZഀ Entail: alfredo@chedraui.com.mxഀ Linked Commitment Deliveryഀ SHERMAN & HOWARD LLC *TMX*ഀ 1000 S FRONTAGE RD #200ഀ VAIL, CO 81657ഀ Attn: TIMOTHY N DEVLINഀ Phone: 970-476-7646ഀ Fax: 970-476-7118ഀ Copies: 1ഀ Entail: tdevlin@shermanhoward.comഀ Linked Commitment Deliveryഀ VAIL VILLAGE INN, INC.ഀ 100 E. MEADOW DRIVEഀ SUITE 31ഀ VAIL, CO 81657ഀ Attn: JOESEF STAUFERഀ Sent Via US Postal Serviceഀ LAND TITLE GUARANTEE COMPANYഀ 108 S FRONTAGE RD W #203ഀ VAIL, CO 81657ഀ Attn: Jennifer Nolanഀ Phone: 970-476-2251ഀ Fax: 970-476-4534ഀ EMail: jnolan@Itgc.comഀ Land Title Guarantee Companyഀ Date: 08-11-2008ഀ Land Title Our Order Number: V50023072-2ഀ GUARANTEE COMPANYഀ Property Address:ഀ A PORTION OF CONDOMINIUM UNIT 602, VILLAGE INN PLAZA, AS DEPICTED ON EXHIBIT TOഀ CONTRACT VAIL, CO 81657ഀ Buyer/Borrower:ഀ COLANDO COMPANY, A CAYMAN ISLANDS CORPഀ Seller/Owner:ഀ VAIL VILLAGE INN, INC., A COLORADO CORPORATIONഀ Wire Information:ഀ Bank: FIRSTBANK OF COLORADOഀ 10403 W COLFAX AVENUEഀ LAKEWOOD, CO 80215ഀ Phone: 303-237-5000ഀ Credit: LAND TITLE GUARANTEE COMPANYഀ ABA No.: 107005047ഀ Account: 2160521825ഀ Attention: Jennifer No/anഀ Note: Once an original commitment has been issued, any subsequentഀ 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.comഀ for mI"eCUWl3 W d11V vi vur J% U111Ce 1ULd UU11N.ഀ ESTIMATE OF TITLE FEESഀ ALTA Owners Policy 06-17-06 $2,857.00ഀ Deletion of Exceptions 1-3 (Owner) $40.00ഀ Deletion of General Exception 4 (Owner) $10.00ഀ Tax Report 8009888 $25.00ഀ If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.ഀ TOTALഀ $2,932.00ഀ Form CONTACT 06/04ഀ THANK YOU FOR YOUR ORDER!ഀ TOWN OF VAIL, COLORADO Statementഀ Statement Number: R080001373 Amount: $6,000.00 08/12/200801:38 PMഀ Payment Method: Check Init: JLEഀ Notation: 2863 SHERMAN &ഀ HOWARDഀ ഀ Permit No: PEC080049 Type: PEC -Major SDD Amendmentഀ Parcel No: 2101-082-5403-1ഀ 2101-082-5401-0ഀ Site Address: 68 E MEADOW DR VAILഀ Location:ഀ Total Fees: $6,000.00ഀ This Payment: $6,000.00 Total ALL Pmts: $6,000.00ഀ Balance: $0.00ഀ ACCOUNT ITEM LIST:ഀ Account Code Description Current Pmtsഀ ഀ PV 00100003112500 PEC APPLICATION FEES 6,000.00ഀ Sherman & Howard L.L.C.ഀ ATTORNEYS & COUNSELORS AT LAWഀ 1000 South Frontage Road West . Suite 200ഀ VAIL. COLORADO 8165 7ഀ TELEPHONE: (970) 476-7646ഀ FAX_ (970)476-7118ഀ OFFICES IN DENVER COLORADO SPRINGSഀ PHOENIX RENO LAS VEGASഀ Timothy N. Devlinഀ Direct Dial # (970) 790-1605ഀ E-mail: tdeNlin(aishermanhocvard.comഀ Town of Vailഀ Department of Community Developmentഀ 75 South Frontage Roadഀ Vail, CO 81657ഀ Attn: Nicole Peterson, Plannerഀ September 24, 2008ഀ Re: Colondo Company, Unit #602, Village Inn Plazaഀ Request for Approval for a Major Amendment to SDD #6 to Increase the Totalഀ 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 toഀ Applicant Colondo Company's pending application for a Major Amendment to SDD #6. This letter andഀ 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 residentialഀ floor area (GRFA) within the district from 186,561 sq. ft. to 187,798 sq. ft. The Applicant is proposing toഀ combine Unit #110 with a op rtion of Unit #602 located immediately below. Unit #602 currently totalsഀ 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'sഀ Lingerie (979 sq. ft).ഀ The portion of Unit #602 that the Applicant is proposing to convert from retail and office uses toഀ 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 ftഀ "TOTAL: 1,237 sq. ft.ഀ Enclosed herewith are existing and proposed architectural design drawings prepared by Blue Lineഀ Architects for the Applicant, which have been revised from the original submission. GRFA has beenഀ reduced from 1,483 sq. ft. to 1,237 sq. ft., and 197 of 312 sq. ft. of Robinson Mitchell's space is retainedഀ as office/ retail use. There are two primary components to the proposed project request: (1) conversion ofഀ 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') toഀ Sherman & Howard L.L.C.ഀ become a dining area. Additional minor alterations to existing Unit #110 include the addition of a powderഀ 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 Developmentഀ Standards in the Property's Underlying 'Lone District:ഀ The underlying zoning district is Public Accommodation (PA). The proposed project does notഀ deviate from the Development Standards in the PA District. The Applicant is requesting to increase theഀ 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. isഀ 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 requiredഀ to have a minimum of 1.4 parkin spaces. Therefore, the addition of 1,237 sq. ft. of GRFA to Unit #110ഀ 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 areaഀ 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., whichഀ results in a reduction of 2.5 parking spaces (based on requirement of 2.3 spaces per 1,000 sq. ft.); andഀ Professional/business office area being eliminated from Unit #602 equals 115 sq. ft., which results in aഀ 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 SPACESഀ IV. Design Criteria for Evaluating the Merits of the Proposed (Changes to) Specialഀ . Development District (from Town Code 12-9A-8):ഀ A. Design compatibility and sensitivity to the immediate environment, neighborhood andഀ adjacent properties relative to architectural design, scale, bulk, building height, bufferഀ zones, identity, character, visual integrity and orientation.ഀ 2ഀ Sherman & Howard L.L.C.ഀ The proposed exterior alterations, including new windows and an entry door are compatible withഀ the existing building architecture. There are no exterior building additions proposed.ഀ B. Uses, activity and density which provide a compatible, efficient and workable relationshipഀ with surrounding uses and activity.ഀ The proposed conversion and additional GRFA are consistent with the surrounding uses andഀ activities, and would likely result in increased activity in the area since Unit 110 is occupied by theഀ Applicant and its guests, on average, eighty (80) days per ski season. Note that Digits will be relocatedഀ within the same building at a different location, as will the portion of To Catch a Cook being convertedഀ (more below).ഀ Note also that the portion of Robinson Mitchell's space proposed to be converted from office toഀ residential use is 115 sq. ft., and the portion of To Catch a Cook's space to be converted from retail toഀ residential use is 976 sq. ft. Both spaces are interior to the building, and do not front directly onto theഀ pedestrian plaza. Thus, of the 1,199 sq. ft. that is proposed to be converted from retail and office uses toഀ residential use, only 108 sq. ft. (Digits) has direct frontage along the pedestrian plaza; the remaining 1,091ഀ sq. ft. (115 + 976) is interior to the building. To Catch a Cook will reconfigure its leased space to includeഀ the area currently occupied by Tezla's, which has decided not to renew its lease. The 108 sq. ft. fromഀ Digits' space will be used to accommodate a small entry foyer and new stairway to Unit #110 as shownഀ on the enclosed revised floor plans.ഀ C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vailഀ Town Code.ഀ Parkin:ഀ a. Residential Use: Village Inn Plaza is located within Commercial Core Area Parking Mapഀ 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 1,237ഀ 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 officeഀ and retail area from a portion of Unit #602 will result in an overall decrease in parking required asഀ 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., whichഀ 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 applicableഀ elements of the Vail Comprehensive Plan, Vail Land Use Plan, and the Village Master Plan. It should beഀ Sherman & Howard L.L.C.ഀ noted that similar requested conversions for increased GRFA within SDD #6 have been approved byഀ 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 toഀ convert portions of then Units 17 and 29 (formerly Phoenix Rising and Steven Reeve Art Galleryഀ locations) from retail/commercial use to a new dwelling unit, thereby adding 2,104 sq. ft. ofഀ GRFA to SDD #6 (and increasing density). Entry to this new Unit #29 is directly from of theഀ pedestrian walkway. (See Ordinance No. 6, Series of 2005, and staff memo to PEC datedഀ 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 toഀ convert a portion of the Alpenrose to a new dwelling unit, thereby adding 2,132 sq. ft. of GRFAഀ to SDD #6 (and increasing density). Entry to this new unit is also directly from the pedestrianഀ 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 onഀ which the special development district is proposed.ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposed conversion area isഀ not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or itsഀ tributaries.ഀ F. Site plan, building design and location and open space provisions designed to produce aഀ functional development responsive and sensitive to natural features, vegetation and overallഀ 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-siteഀ traffic circulation.ഀ The proposed conversion of existing office and retail space to residential use for an addition toഀ Applicant's existing dwelling unit will have no detrimental impact on vehicular or pedestrian circulationഀ on or off-site. See Section IV. B above.ഀ H. Functional and aesthetic landscaping and open space in order to optimize and preserveഀ 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 efficientഀ relationship throughout the development of the special development district.ഀ The addition is not proposed in phases.ഀ 4ഀ Sherman & Howard L.L.C.ഀ Thank you again for your assistance in working through the issues that have arisen as a result ofഀ Colondo Company's Application. Please do not hesitate to contact me directly if you have any questionsഀ or would like additional information.ഀ Very Truly Yours,ഀ SHERMAN & HOWARD L.L. .ഀ Timothy A. Devlinഀ Enclosures - Revisedഀ A2.1ഀ A2.2ഀ A2.3ഀ A2.4ഀ A2.5ഀ A3.1ഀ A3.2ഀ A5.1ഀ cc: A. Chedrauiഀ J. Stauferഀ S. Brummettഀ 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 Referenceഀ 5ഀ Page 1 of 2ഀ Nicole Peterson - Colondo Company SDD Amendment Application - Request Not to Tableഀ From: "Devlin, Timothy N."ഀ To: "George Ruther"ഀ Date: 10/13/2008 11:43 AMഀ Subject: Colondo Company SDD Amendment Application - Request Not to Tableഀ 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 SDDഀ 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 lastഀ week - I called her on Tuesday after I had visited the site, inquiring as to what was going on onഀ the east side of the building. I had assumed (incorrectly) that it was Solaris related, and beingഀ done at that developer's direction with Town approval.ഀ I subsequently had a meeting late Friday afternoon with Joe and Jonathan Staufer, and theyഀ were both adamant that they had nothing to do with and had no prior knowledge of theഀ removal/ covering of the cracked asphalt path along the east side of the building, or with theഀ construction of two railroad tie knee-walls at the north and south ends of the old walkway. Bothഀ Joe and Jonathan will be at the PEC hearing today to explain their non-involvement. We'll beഀ requesting that PEC move forward with its hearing on our application given that neither theഀ 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 theഀ association president. Given these circumstances, I do not see any reason why Colondo'sഀ SDD Amendment application and the Association's DRB application can not proceedഀ independently on parallel tracks with one another.ഀ Nicole - please distribute a hard copy of this email to PEC. Attached is an additional letter ofഀ support from Karen Jacobson, owner of Digits Nail Salon, to go along with those alreadyഀ included in the PEC packet. As you know, if Colondo's request is approved, Joe Staufer plansഀ to relocate Digits to another location in the same building.ഀ Please let me know if you have any questions. Thank you.ഀ Timഀ Timothy N. Devlin, Esq.ഀ Sherman & Howard L.L.C.ഀ 1000 S. Frontage Rd. W., Suite 200ഀ Vail, CO 81657ഀ 970-790-1605 Direct Dialഀ 970-476-7646 Main Lineഀ 303-358-0742 Cellഀ Page 1 of 1ഀ Nicole Peterson - Colondo Company - PEC 08-0049 (Colorado Company SDD Amendmentഀ Application)ഀ From: "Devlin, Timothy N."ഀ To: "Nicole Peterson"ഀ Date: 08/27/2008 5:58 PMഀ 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 SDDഀ Amendment application (PEC #08-0049) from September 8 to September 22, 2008. Thank youഀ Timഀ Timothy N. Devlin, Esq.ഀ Sherman & Howard L.L.C.ഀ 1000 S. Frontage Rd. W., Suite 200ഀ Vail, CO 81657ഀ (970) 790-1605 Direct Dialഀ (970) 476-7646 Main Lineഀ (303) 358-0742 Cellഀ (303) 298-0940 Fax Lineഀ tdevlin@shermanhoward. c omഀ This e-mail and any attached documents may contain provisions concerning a federal taxഀ issue or issues. This e-mail and any attached documents are not intended or written to beഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may beഀ imposed on any taxpayer by the Internal Revenue Service. For information about thisഀ statement, contact Sherman & Howard L.L.C. or visit our website atഀ http://www.sherrnanhoward.com/PrivacyPolicy/Circular230/.ഀ 61ഀ Nicole Peterson - RE: COLONDO COMPANY SDD APPLICATION - TABLEഀ Page 1 of 2ഀ From:ഀ Nicole Petersonഀ To:ഀ Timothy N. Devlinഀ Date:ഀ 09/19/2008 4:16 PMഀ Subject:ഀ RE: COLONDO COMPANY SDD APPLICATION - TABLEഀ TC 10/21ഀ "Devlin, Timothy N." <tdevlin@shermanhoward.com> 09/19/2008 12:41 PMഀ 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.)ഀ Timഀ Timothy N. Devlin, Esq.ഀ Sherman & Howard L.L.C.ഀ 1000 S. Frontage Rd. W., Suite 200ഀ Vail, CO 81657ഀ (970) 790-1605 Direct Dialഀ (970) 476-7646 Main Lineഀ (303) 358-0742 Cellഀ (303) 298-0940 Fax Lineഀ tdevlin@shermanhoward.comഀ This e-mail and any attached documents may contain provisions concerning a federal taxഀ issue or issues. This e-mail and any attached documents are not intended or written to beഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may beഀ imposed on any taxpayer by the Internal Revenue Service. For information about thisഀ statement, contact Sherman & Howard L.L.C. or visit our website atഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.ഀ From: Nicole Peterson [mailto:NPeterson @vailgov.com]ഀ Sent: Friday, September 19, 2008 12:20 PMഀ To: Devlin, Timothy N.ഀ Cc: Stuart Brummett; Alfredo Chedraui Obeso; Jonathan Staufer; Robby; Keller-Green, Sharman ; Georgeഀ Ruther; Warren Campbellഀ Subject: Re: COLONDO COMPANY SDD APPLICATION - TABLEഀ Tim,ഀ Thank you for your email. I will request that the item be tabled to PEC October 13, 2008 hearing. Pleaseഀ submit the following for'Option 2' by Wednesday, September 24, 2008:ഀ • Two (2) copies of the full size plan packetഀ • On sheet A2.1, please identify the exact square footage of 'Catch a Cook' space to be converted toഀ residentialഀ • A description of the request with complete square footages of existing and proposed retail, office andഀ residentialഀ • A narrative responding to the 9 criteria for a major amendment to an SDD (Outlined in the attached Staffഀ memorandum, Section VII)ഀ file://CADocuments and Settin2s\Administrator\Local Settinizs\TemD\XP2rawise\48D3D... 09/22/2008ഀ Page 2 of 2ഀ . Revised parking calculationsഀ . Allowed, existing and proposed GRFA for SDD 6 (I will work with you on this, to review previousഀ ordinances, memos etc., but I'd like to come to consensus on the actual numbers - Thanks in advance forഀ your help!)ഀ Thank you for your time and consideration. I look forward to working with you on the new 'Option 2' proposal.ഀ Best Regards,ഀ Nicoleഀ Nicole M. Peterson, AICPഀ Planner IIഀ Town of Vail, Community Developmentഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ PH: 970.477.3452ഀ FX: 970.479.2452ഀ availgov.comഀ ppeterson(aഀ "Devlin, Timothy N." <tdevlin@shermanhoward.com> 09/19/2008 11:52 AMഀ Nicole,ഀ In light of the new information and precedents that have come to our attention in the past 24 hours, PLEASEഀ TABLE Colondo Company's SDD Amendment application from September 22 to the next PEC meeting dateഀ (October 13, 2008 - confirm date).ഀ Also, as we discussed, we would like to formally amend the application by seeking approval of "Optionഀ 2" (1,266 SF) instead of "Option 1" (1,483 SF) as originally submitted. In addition to the drawings for Optionഀ 2 that you already have, please let me or Stuart know ASAP if there is any additional information that should beഀ submitted for this modified request.ഀ Thanks again for all of your assistance (and patience) with this one.ഀ Timഀ Timothy N. Devlin, Esq.ഀ Sherman & Howard L.L.C.ഀ 1000 S. Frontage Rd. W., Suite 200ഀ Vail, CO 81657ഀ (970) 790-1605 Direct Dialഀ (970) 476-7646 Main Lineഀ (303) 358-0742 Cellഀ (303) 298-0940 Fax Lineഀ tdevlin@shermanhoward.comഀ This e-mail and any attached documents may contain provisions concerning a federal taxഀ issue or issues. This e-mail and any attached documents are not intended or written to beഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may beഀ imposed on any taxpayer by the Internal Revenue Service. For information about thisഀ statement, contact Sherman & Howard L.L.C. or visit our website atഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.ഀ Page 1 of 2ഀ Nicole Peterson - RE: FW: Rezoningഀ From: "Devlin, Timothy N."ഀ To:ഀ Date: 08/19/2008 4:25 PMഀ Subject: RE: FW: Rezoningഀ CC: ,ഀ Nicole,ഀ Please see below response from Joe Staufer and Robbie Robinson regarding relocation of of Digits and To Catchഀ a Cook (Evidently Tezlas will not be renewing its lease.)ഀ Timഀ From: Josef Staufer [mailto:joestaufer@earthlink.net]ഀ Sent: Tue 8/19/2008 4:11 PMഀ To: Devlin, Timothy N.ഀ Subject: Re: FW: Rezoningഀ 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 PMഀ To: Devlin, Timothy N.ഀ Cc: joestaufer@earthlink.net; stuart@bluelinearchitects.comഀ Subject: RE: Rezoningഀ 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 enoughഀ 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. Rightഀ now I am not sure what each tenant plans other than to remain open for the winter season until construction time in theഀ 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 PMഀ To: robby@robinsonmitchell.comഀ Cc: joestaufer@earthlink.net, stuart@bluelinearchitects.comഀ Subject: FW: Rezoningഀ Robbie,ഀ Please read below from a concerned resident. Remind me please - is Mr. Staufer planning to relocate Digits andഀ Robinson Mitchell within the building? What about the 1/3 of To Catch a Cook - will that space be relocated in part ofഀ 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.ഀ Timഀ Timothy N. Devlin, Esq.ഀ Sherman & Howard L.L.C.ഀ 1000 S. Frontage Rd. W., Suite 200ഀ Vail, CO 81657ഀ (970) 790-1605 Direct Dialഀ (970) 476-7646 Main Lineഀ (303) 358-0742 Cellഀ Page 2 of 2ഀ (303) 298-0940 Fax Lineഀ tdevlin@shermanhoward.comഀ This e-mail and any attached documents may contain provisions concerning a federal taxഀ issue or issues. This e-mail and any attached documents are not intended or written to beഀ used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may beഀ imposed on any taxpayer by the Internal Revenue Service. For information about thisഀ statement, contact Sherman & Howard L.L.C. or visit our website atഀ http://www.shermanhoward.com/PrivacyPolicy/Circular230/.ഀ From: Nicole Peterson [mailto:NPeterson @vailgov.com]ഀ Sent: Tue 8/19/2008 8:32 AMഀ To: Devlin, Timothy N.ഀ Subject: Fwd: Rezoningഀ Tim,ഀ Please see below, an email from a resident. Thank you,ഀ Nicoleഀ Nicole M. Peterson, AICPഀ Planner IIഀ Town of Vail, Community Developmentഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ PH: 970.477.3452ഀ FX: 970.479.2452ഀ nneterson@vailgov.comഀ <dten 1 195co@aol.com> 08/18/2008 3:17 PMഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plaza condo. I amഀ urging you to keep Digits in business to fill the needs of locals, and to offer a variety of businesses not just lodging inഀ the Plaza area. Digits gives locals an excuse to come into Vail and see what is happening and that leads to shoppingഀ and dining! We need more businesses in Vail Village not more residences.ഀ Sincerely, Deborah Tennant 476-8523ഀ Sent via BlackBerry by AT&Tഀ (08/18/2008) Nicole Peterson - Rezoning Pageഀ From: <dten1195co@aol.com>ഀ To: <npeterson@vailgov.com>ഀ Date: 08/18/2008 3:16 PMഀ Subject: Rezoningഀ As a long time Vail resident I am writing to voice my concern over the rezoning of Digits to a Vail Plazaഀ condo. I am urging you to keep Digits in business to fill the needs of locals, and to offer a variety ofഀ businesses not just lodging in the Plaza area. Digits gives locals an excuse to come into Vail and seeഀ what is happening and that leads to shopping and dining! We need more businesses in Vail Village notഀ more residences.ഀ Sincerely, Deborah Tennant 476-8523ഀ Sent via BlackBerry by AT&Tഀ 1001 E. Meadow Drive. Suite 6ഀ Vail Colorado 81657ഀ UNLTED STATES OF AMERICAഀ Phone 970 477-2153 Fax 970 477-2 1 55ഀ ~binson,ഀ Tuesday, September 23, 2008ഀ Town of Vailഀ Planning Boardഀ Vail Co. 81657ഀ Sirs and Madamsഀ Mitchell & Associates LLCഀ I have my office in a portion of the property known as Unit 602 Village Inn Plazaഀ Condominium that is currently in the process of converting a portion into residential that is nowഀ commercial. I will loose a part or all of the sq. footage of my existing Real Estate office in theഀ conversion.ഀ I had agreed from the onset to relinquish the lease interest in my portion for theഀ redevelopment. I am certainly willing to do so and I approve the change if I am able to remainഀ 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 partiesഀ and is strictly a destination space for myself and , I believe, Didgits space as well. I am sure theഀ Didgits space located in a portion of what is now Tezla's will be comparable if not better for theഀ tenant.ഀ I would be glad to answer any questions you might have.ഀ Sincerely,ഀ ~yഀ William (Robby) Robinsonഀ Robinson Mitchell & Associatesഀ Quality Service and Detailedഀ Attention to all our clients needs atഀ all fillies.ഀ (10/15/2008) Nicole Peterson - Re: Phase I I I walkway Page 1ഀ From:ഀ Todd Oppenheimerഀ To:ഀ Jonathan Stauferഀ Date:ഀ 10/15/2008 8:45 AMഀ Subject:ഀ Re: Phase III walkwayഀ CC: Nicole Petersonഀ Jonathon,ഀ Sorry I didn't respond earlier. We've been burning the midnight oil on the Seibert project. I am familiarഀ 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 documentsഀ which shows the elevations at the bottom of the walkway. You will probably have to have a surveyorഀ give you the rest of the grades and an engineer or landscape architect look at them and demonstrateഀ there is insufficient run to accommodate the rise in accordance with the ADA Guidelines. Peak Landഀ Consultants was the surveyor/engineer for the streetscape project. Their contact information is on theഀ cover sheet. I am leaving on vacation tomorrow so I will leave the information at the PW office frontഀ desk for you to pick up.ഀ Toddഀ Jonathan Staufer <jstaufer(@earthlink.net> 10/13/2008 4:00 PMഀ 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 someഀ top soil brought in at the location of the infamous path at the East side of that property. As he's on theഀ board of the Alpine Garden and the Denver Botanical Garden, I would say that he likes trees as much asഀ 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 aഀ DRB app. to do something there.ഀ However, in the meantime, Nichole in the planning department has said what the Town would very muchഀ 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 thatഀ the engineers had said that a. a disturbance of this magnatude would kill the trees (the only bufferഀ between VIPCA III and Solaris) and that b. to be compliant, the ramp would run half way out intoഀ Meadow Drive.ഀ I was hoping I might be able to get your notes and correspondence regarding this as we would like toഀ proceed with our DRB application.ഀ Thanks again!ഀ Best,ഀ Jonathanഀ July 29, 2008ഀ Dear Town of Vail Council Members,ഀ Dedicated toഀ encouraging theഀ growth and expansionഀ of recreation programsഀ and services for peopleഀ with disabilitiesഀ axsvail.org`ഀ 1202 Crary Horse Circleഀ Edwards, Colorado 81632ഀ 970-926-3222 officeഀ Sarah Willഀ Executive Directorഀ I am writing regarding the path just west of theഀ Solaris project, which accesses the art galleriesഀ and shops just above the main street. This pathഀ is the only public right of way which accessesഀ the galleries and shops behind the shoe store.ഀ Due the tree's roots, the pathway has becomeഀ difficult for delivery drivers and has becomeഀ unusable to people with limited mobility.ഀ Currently, this path has been blocked off withഀ caution tape for safety reasons? We would likeഀ to know what the plan is for finding a timelyഀ solution to reinstating this path. If this is privateഀ property, we hope that the Town of Vail can doഀ something themselves or encourage theഀ property owner to find a solution to this issue.ഀ During the winter, this path is not kept clearഀ which limits the public's art & shoppingഀ experience in this area of Vail Village. Weഀ would like to see this completed by winter.ഀ I assume that once Solaris is built, that a heated path will beഀ available but to wait until the project is done is unreasonable. Weഀ hope that the town can take some responsibility regardless of whoഀ owns this property.ഀ This is a difficult area to access because no signage exists indicatingഀ an accessible route that has stairs in every direction. I would beഀ happy to assist in making that happen. Thank you for your time andഀ commitment to our community.ഀ Sincerely,ഀ Sarah Willഀ Directorഀ sarah@axsvail.orgഀ 970-390-2096 cഀ ONEഀ TOWN Department of Community Developmentഀ 75 South Frontage Roadഀ Vail, Colorado 81657 October 31, 2008ഀ 970-479-2138ഀ FAX 970-479-2452ഀ www.v,ailgov.comഀ Vail Village Inn Phase IIIഀ c/o Atty. Ann Bishopഀ P.O. Box 820ഀ Vail, CO 81658ഀ Re: Process to correct the unapproved removal of an asphalt path / located at 100 Eastഀ Meadow Drive/Part of Lot O, Block 5D, Vail Village Filing 1ഀ Dear Ms. Bishop,ഀ This letter is being sent to define the process by which you must proceed to rectify theഀ unapproved removal of the asphalt path located within Vail Village Inn Phase III. As weഀ discussed the process we would like to follow is as contained in Condition 1 of theഀ Ordinance No. 22, Series of 2008, on First Reading which states the following:ഀ 1. The Vail Village Inn Homeowner's Association shall address the illegalഀ demolition of the walkway on the east side of the subject property, byഀ submitting a Design Review application, prior to the submittal of a Designഀ Review application for the exterior changes associated with this conversion.ഀ On Thursday October 30, 2008, 1 provided the Design Review application necessary toഀ complete and submit to get the process started. Furthermore, we discussed theഀ materials necessary to submit with the application. This application, once complete, willഀ go to the soonest Design Review Board meeting to be reviewed by the Board for a finalഀ action. The Board will determine the appropriate solution based upon the Code and theഀ Town's comprehensive plan.ഀ If you have any questions please feel free to contact me at 970-479-2148.ഀ Sincerely,ഀ 6 ~ a~~qഀ Warren Campbellഀ Chief of Planningഀ Town of Vailഀ ~olkഀ 4 RECYCLED PAPERഀ (10/21/2008) Nicole Peterson - Path at the Village Inn Page 1ഀ Jഀ From:ഀ Martin Haeberleഀ To:ഀ Nicole Petersonഀ Date:ഀ 10/20/2008 2:14 PMഀ Subject:ഀ Path at the Village Innഀ Nicole,ഀ In that the path is required to be constructed it becomes an addition/ alteration to the site. This will require 20% of theഀ 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 theഀ 20% requirement is to begin at the public way and work towards the building elements that would require accessibility. Ifഀ 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,ഀ Martinഀ Martin A. Haeberle, C.B.O.ഀ Chief Building Officialഀ Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ 970.479.2142 (o)ഀ 970.479.2452 (f)ഀ 970.376.3672 (c)ഀ NOO-15-2004 23:41 Frorr: To:SHERMAN HOWARDഀ Planning and Envuvnmcntal Commissionഀ Town of Vailഀ Vail'Colorado 81657ഀ September 23, 2008ഀ To whim it may concern.ഀ Theundersigned supports the conversion of the present backs ace of commercial to beഀ partlof the unit owned by Mr. Chedraui.ഀ Thelspace under consideration is not prime commercial and ha no exposure to theഀ 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 commercialഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenros, Hair Dressing Salon )ഀ Your tnily,ഀ P. 1'1ഀ Planning and Environmental Commissionഀ Town of Vailഀ Vail Colorado 81657ഀ September 23, 2008ഀ To whom it may concern,ഀ The undersigned supports the conversion of the present back space of commercial to beഀ part of the unit owned by Mr. Cbedraui.ഀ The space under consideration is not prime commercial and has no exposure to theഀ 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 commercialഀ 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 Conunissionഀ Town of Vailഀ Vail. Colorado 81657ഀ September 23, 2008ഀ To whom it may concern,ഀ The undersigned supports the conversion of the present back space of commercial to beഀ part of the unit owned by Mr. Chedraui.ഀ The space under consideration is not prime commercial and has no exposure to theഀ 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 commercialഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )ഀ Yours truly,ഀ Planning and Environmental Commission `ഀ Town of Vailഀ Vail Colorado 81657ഀ September 23, 2008ഀ To whom it may concern,ഀ The undersigned 'supports the conversion of the present back space of commercial to beഀ part of the unit owned by Mr. Chedraui.ഀ The space under consideration is not prime commercial and has no exposure to theഀ public.ഀ Being part of a residential unit is a much better use for the space.ഀ ,P 6 which allowed marginal commercialഀ This is in keeping with prior conversions in SIDഀ to be used for residential. ( Ralph Lauren Polo Shop, Alpenrose, Hair Dressing Salon )ഀ Yours truly,ഀ -ILIA Q-4ഀ Gort K ~ Toഀ X;ഀ CLഀ r~TNഀ Qഀ v &ft,~ ^ AWr _ Vri 1,ഀ U~ Lw " -r-Oഀ t4wu OFഀ ~qg-O 'ഀ rഀ Nഀ -.1 : ,V c1a•ഀ Dഀ projectഀ drownഀ cbeckadഀ approveഀ dateഀ raisedഀ V)ഀ C~ഀ Mഀ Wഀ Qഀ (f S z-ഀ 'Vഀ 1y ,ഀ C1~--. ~ ~ tl vsഀ I s ~ Ii Jjlഀ . 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