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HomeMy WebLinkAboutPEC090009Planning and Environmental Commisson਍ഀ ACTION FORM਍ഀ INN OF VAIL਍ഀ W"ifilrr DEVE Mw47਍ഀ Project Name: Major SDD Amendment਍ഀ Project Description:਍ഀ Participants:਍ഀ PEC Number: PEC090009਍ഀ ADDITION OF 280 SF TO LOBBY, RECONFIGURATION AND INCREASE IN NUMBER OF EXISTING਍ഀ OUTDOOR STORAGE LOCKERS (16 TO 20)਍ഀ OWNER PINOS DEL NORTE APARTAMENTO 03/20/2009਍ഀ C/O DON LARSON਍ഀ BOX 69਍ഀ VAIL਍ഀ CO 81658਍ഀ APPLICANT FRIIZLEN PIERCE ARCHITECTS 03/20/2009 Phone: 970-476-6342਍ഀ 1650 EAST VAIL VALLEY DR, #C-1਍ഀ VAIL਍ഀ CO 81657਍ഀ License: 0000001402਍ഀ ARCHITECT FRIIZLEN PIERCE ARCHITECTS 03/20/2009 Phone: 970-476-6342਍ഀ 1650 EAST VAIL VALLEY DR, #C-1਍ഀ VAIL਍ഀ CO 81657਍ഀ License: 0000001402਍ഀ Project Address: 600 VAIL VALLEY DR VAIL Location: PINOS DEL NORTE਍ഀ Legal Description: Lot: Block: C Subdivision: PINOS DEL NORTE਍ഀ Parcel Number: 2101-081-1000-1਍ഀ Comments: See conditions below਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Action: APPROVED਍ഀ Second By:਍ഀ Vote: Date of Approval: 05/19/2009਍ഀ Conditions:਍ഀ Cond: 8਍ഀ (PLAN): No changes to these plans may be made without the written consent of Town of਍ഀ Vail staff and/or the appropriate review committee(s).਍ഀ Cond: 300਍ഀ (PLAN): PEC approval shall not be not become valid for 20 days following the date of਍ഀ approval.਍ഀ Cond: CON0010728਍ഀ (PLAN): PEC approval does not constitute a permit for building. Please consult with਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel:974.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Town of Vail Building personnel prior to construction activities.਍ഀ Planner: Nicole Peterson PEC Fee Paid: $1,250.00਍ഀ ORDINANCE NO. 10਍ഀ SERIES OF 2009਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991,਍ഀ NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN਍ഀ ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO਍ഀ ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION਍ഀ AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINGS DEL NORTE,਍ഀ BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7;਍ഀ AND SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, Special Development District No. 2 was established June 4, 1974; and਍ഀ WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to਍ഀ previously approved development plans for Special Development Districts; and਍ഀ WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,਍ഀ Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the਍ഀ proposed lobby addition, locker reconfiguration and site improvements; and਍ഀ WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting਍ഀ recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the਍ഀ proposed amendment to Special Development District No. 2.਍ഀ WHEREAS, the proposed major amendment complies with the design criteria set forth in the਍ഀ Zoning Regulations for amendments to a Special Development District; and਍ഀ WHEREAS, the proposed major amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with਍ഀ the development objectives of the Town; and਍ഀ 1਍ഀ Ordinance No. 10, Series of 2009਍ഀ WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses਍ഀ and appropriate for the surrounding areas; and਍ഀ WHEREAS, the proposed major amendment promotes the health, safety, morals, and general਍ഀ welfare of the Town, and promotes the coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and its established character as a਍ഀ resort and residential community of the highest quality.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO THAT:਍ഀ Section 1 -.Purpose਍ഀ A special development district is established to assure comprehensive development and use of an਍ഀ area in a manner that will be harmonious with the general character of the town, provide adequate਍ഀ open space and recreational amenities, and promote the objectives of the zoning ordinance of the਍ഀ town. Ordinarily a special district will be created only when the development density will be lower than਍ഀ allowed by the existing zoning, an environmental impact report indicates that the special development਍ഀ will not have a substantial negative effect on the Town or its inhabitants, the development is regarded਍ഀ as complementary to the Town by the Town Council, Planning and Environmental Commission, and਍ഀ Design Review Board, and there are significant aspects of the special development which cannot be਍ഀ satisfied under the existing zoning.਍ഀ Section 2 Established਍ഀ Special Development District No. 2, Northwoods was established under the provisions of the original਍ഀ Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The਍ഀ development standards for Special Development District No. 2 were established and adopted by the਍ഀ 2਍ഀ Ordinance No. 10, Series of 2009਍ഀ Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments਍ഀ have been adopted through the following ordinances:਍ഀ • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor਍ഀ arcades as accessory uses.਍ഀ • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers,਍ഀ boulder retaining wall, sidewalk and landscaping.਍ഀ • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site਍ഀ improvements at Pinos Del Norte, Building C.਍ഀ Section 3 - Development Plan Adopted਍ഀ The following documents comprise the development plan for Special Development District No. 2,਍ഀ Northwoods:਍ഀ 1. The development plan of Vail Associates, Inc., for its Northwoods development. The਍ഀ development plan includes but is not limited to the following data:਍ഀ a. The environmental impact report, which was submitted to the zoning administrator in਍ഀ accordance with Chapter 18.56;਍ഀ b. Existing and proposed contours after grading and site development having contour਍ഀ intervals of not more than two feet where the average slope on the site is twenty-five਍ഀ percent or less, and contour intervals of not more than five feet where the average਍ഀ slope on the site is greater than twenty-five percent. Supplemental documentation of਍ഀ proposed contours shall be submitted to the zoning administrator with the plans # or਍ഀ each phase of the development;਍ഀ 3਍ഀ Ordinance No. 10, Series of 2009਍ഀ c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations਍ഀ and dimensions of all buildings and structures, uses therein, and ail principal site਍ഀ development features such as landscaped areas, recreational facilities, pedestrian਍ഀ plazas and walkways, service areas, driveways, and off-street parking and loading਍ഀ areas;਍ഀ d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,਍ഀ showing existing landscape features to be retained or removed, and showing਍ഀ proposed landscaping and landscaped site development features such as outdoor਍ഀ recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water਍ഀ features, and other elements;਍ഀ e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch਍ഀ equals one foot or larger, in sufficient detail to determine gross residential floor area,਍ഀ interior circulation, locations of uses within buildings, and the general scale and਍ഀ appearance of the proposed buildings shall be submitted on a phase basis;਍ഀ f. An architectural model of the site and the proposed development, photographs, at a਍ഀ scale of one inch equals thirty feet or larger, portraying the scale and relationship of਍ഀ the development to the site, and illustrating the form and mass of structures in the਍ഀ development;਍ഀ g. Since phased construction is contemplated, a program must be submitted indicating਍ഀ order and timing of construction phases, phasing of recreational amenities, and਍ഀ proposals for Interim development:਍ഀ 4਍ഀ Ordinance No. 10, Series of 2009਍ഀ 2. The amended Development Plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of਍ഀ the proposed lobby addition, locker reconfiguration and site improvements, according to plans਍ഀ prepared by Fritzlen Pierce Architects, dated April 24, 2009.਍ഀ Section 4 - Permitted Uses਍ഀ The following uses shall be permitted in the SDD No. 2 district:਍ഀ A. A maximum of one hundred thirty-nine dwelling units;਍ഀ B. A maximum of six dwelling units to house onsite management personnel.਍ഀ Section 5 -.Conditional Uses਍ഀ The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a਍ഀ conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,਍ഀ Vail Town Code:਍ഀ A. Private clubs and civic, cultural and fraternal organizations;਍ഀ B. Ski lifts and Tows;਍ഀ C. Public buildings, grounds and facilities;਍ഀ D. Public park and recreational facilities.਍ഀ E. Major arcade, so long as it does not have any exterior frontage on any public way, street,਍ഀ walkway, or mall area.਍ഀ Section 6 - Accessory Uses਍ഀ The following accessory uses shall be permitted in the SDD No. 2 district:਍ഀ A. Private underground garages, swimming pools, patios, or recreational facilities customarily਍ഀ incidental to permitted residential uses;਍ഀ 5਍ഀ Ordinance No. 10, Series of 2009਍ഀ B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;਍ഀ C. Home occupations, subject to issuance of a home occupation permit in accordance with the਍ഀ provisions of Section 12-14-12, Home Occupations, Vail Town Code;਍ഀ D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary਍ഀ far the operation thereof.਍ഀ F. Minor arcade.਍ഀ Section 7 -Lot Area and Site Dimensions਍ഀ Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey)਍ഀ Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey)਍ഀ Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet਍ഀ Section 8 -.Setbacks਍ഀ The required setbacks shall be as indicated in the development plan, or a minimum of ten feet.਍ഀ Section 9 - Distance Between Buildings਍ഀ The minimum distances between all structures shall be as indicated in the development plan, being a਍ഀ minimum of thirty feet.਍ഀ Section 10 -Height਍ഀ The maximum height of buildings shall be forty-five feet.਍ഀ Section 11 - Density਍ഀ The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall਍ഀ not exceed one hundred seventy-five thousand square feet.਍ഀ Section 12 - Building Bulk਍ഀ 6਍ഀ Ordinance No. 10, Series of 2009਍ഀ The maximum length of any wall of a building face shall be one hundred seventy-five feet with a਍ഀ minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in਍ഀ the same plane between any two corners of a building shall be two hundred਍ഀ twenty-five feet.਍ഀ Section 13- Site Coverage਍ഀ Not more than twenty-five percent of the total site area may becovered by buildings.਍ഀ Section 14 - Open Space਍ഀ A. Useable open space for dwelling units shall be required as indicated in the development਍ഀ plan, but in no case shall the useable open space requirements be less than as follows:਍ഀ 1. A minimum of one square foot of useable open space for each four feet of gross residential floor਍ഀ area;਍ഀ 2. Not less than one hundred fifty square feet of useable open space shall be provided for each਍ഀ dwelling unit.਍ഀ B. Useable open space may be common space accessible to more than one dwelling unit, or private਍ഀ space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the਍ഀ required useable open space shall be provided at ground level, exclusive of required front setback਍ഀ areas.਍ഀ C. At least seventy-five percent of the required ground-level useable open space shall be common਍ഀ space. The minimum dimension of any area qualifying as ground level useable open space shall be਍ഀ ten feet.਍ഀ 7਍ഀ Ordinance No. 10, Series of 2009਍ഀ D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies਍ഀ or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open਍ഀ space shall be five feet, and any such area shall contain at least fifty square feet.਍ഀ Section 15 - Landscaping and Site Development਍ഀ A. At least sixty percent of the total site area shall be landscaped as provided in the development਍ഀ plan.਍ഀ B. Within any area exempted from onsite parking and/or loading requirements, property owners or਍ഀ applicants shall be required to contribute to the town parking fund, established by this section for the਍ഀ purpose of meeting the demand and requirements for vehicle parking. At such time as any property਍ഀ owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area਍ഀ which would require parking and/or loading areas, the owner or applicant shall pay to the town the਍ഀ parking fee required in this section prior to the issuance of a building permit far said development or਍ഀ redevelopment.਍ഀ 1. The parking fund established in this section shall receive and disburse funds for file purpose of਍ഀ conducting parking studies or evaluations, construction of parking facilities, the maintenance of਍ഀ parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative਍ഀ services relating to parking.਍ഀ 2. The parking tee to be paid by any owner or applicant shall be determined by the town council;਍ഀ provided in the event shall it be less than one thousand dollars per space, and in addition, that਍ഀ owners or applicants similarly situated shall be treated equally in any payer's funds are not used by਍ഀ the town for one of the purposes specified in subdivision within five years from the date of payment,਍ഀ the unused portion of the funds shall be returned to the payer upon his application.਍ഀ 8਍ഀ Ordinance No. 10, Series of 2009਍ഀ 3. In accounting far the funds expended from the parking fund, the finance department shall use a਍ഀ first in/first out rule.਍ഀ 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a਍ഀ special or general improvement district Is formed and assessments levied for the purpose of paying਍ഀ for parking improvements, the payer shall be credited against the assessment with the amount਍ഀ previously paid.਍ഀ Section 16 - Parking and Loading਍ഀ A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section਍ഀ 12-10, Off Street Parking and Loading, Vail Town Code.਍ഀ At least eighty-five percent of the required parking shall be located within the main building or਍ഀ buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and਍ഀ screened from view; and provided, further, that no required parking shall be exposed surface parking਍ഀ unless such is necessary and approval therefore is attained from the planning commission.਍ഀ G. No parking or loading area shall be located in any required front setback area,਍ഀ Section 17 Conditions of Approval਍ഀ The following conditions shall apply to the approval of the proposed lobby addition, locker਍ഀ reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects,਍ഀ dated April 24, 2009, located at Pinos Del Norte, Building C:਍ഀ 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed਍ഀ sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property.਍ഀ 2. DRB approval: The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application of a building permit.਍ഀ Ordinance No. 10, Series of 2009਍ഀ 9਍ഀ 3. ERWS Encroachment: The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water਍ഀ and Sanitation District, prior to issuance of a building permit.਍ഀ 4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan for any਍ഀ proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire਍ഀ Department, prior to issuance of a building permit.਍ഀ 5. Revocable ROW: The applicant shall receive final review and approval of a revocable right-਍ഀ of-way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public਍ഀ Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ Section 18਍ഀ If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to਍ഀ be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and਍ഀ the Town Council hereby declares it would have passed this ordinance, and each part, section,਍ഀ subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,਍ഀ sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 19਍ഀ The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the਍ഀ effective date hereof, any prosecution commenced, nor any other action or proceeding as਍ഀ commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of਍ഀ any provision hereby shall not revive any provision or any ordinance previously repeated or਍ഀ superseded unless expressly stated herein.਍ഀ 10਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 20਍ഀ All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to਍ഀ the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order,਍ഀ resolution or ordinance, or part thereof, theretofore repealed.਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN਍ഀ FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the਍ഀ Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building,਍ഀ Vail, Colorado.਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ Richard Cleveland, Mayor਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of਍ഀ May, 2009.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 11਍ഀ Ordinance No. 10. Series of 2009਍ഀ 1਍ഀ MEMORANDUM਍ഀ TO: Vail Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: May 19, 2009 r਍ഀ SUBJECT: Second Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to਍ഀ Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special਍ഀ Development District, Vail Town Code, to allow for a lobby addition and locker਍ഀ reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of਍ഀ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009)਍ഀ Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce਍ഀ Architects਍ഀ Planner: Nicole Peterson/ Warren Campbell਍ഀ DESCRIPTION OF THE REQUEST਍ഀ This is a proposed major amendment to SDD No. 2, Northwoods, which requires a਍ഀ recommendation by the Planning and Environmental Commission (PEC) and an ordinance਍ഀ review and approval by Town Council under Section 12-9A, Special Development District, Vail਍ഀ Town Code. The applicant is proposing the following improvements to the Pinos Del Norte਍ഀ building and property, which comply with all zoning and land use requirements:਍ഀ Proposed Improvements:਍ഀ • Common lobby addition (280 sf)਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 sf)਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x 19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ II. BACKGROUND਍ഀ On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on first਍ഀ reading, by a vote of 6-0-0, based on criteria and findings in Section VII of Staff's April 13,਍ഀ 2009 memorandum to the PEC,' and evidence and testimony presented.਍ഀ III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION਍ഀ On April 13, 2009 the Planning and Environmental Commission (PEC) forwarded a਍ഀ recommendation of approval, with conditions to the Vail Town Council of Ordinance No. 10,਍ഀ Series of 2009, by a vote of 4-0-1 (Kjesbo recused), based on criteria and findings in Section਍ഀ VII of Staff's April 13, 2009 memorandum to the PEC, and evidence and testimony presented.਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on਍ഀ second reading, the PEC recommends the Vail Town Council pass the following motion:਍ഀ "The Vail Town Council approves, with conditions, on first reading, Ordinance No. 10,਍ഀ Series of 2009, an ordinance to allow a major amendment to Special Development਍ഀ District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District,਍ഀ Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600਍ഀ Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and਍ഀ setting forth details in regard thereto. "਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on਍ഀ second reading, the PEC recommends the Vail Town Council approve with the following਍ഀ conditions:਍ഀ 1. Signs: The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of any਍ഀ signs on the property.਍ഀ 2. DRB approval. The applicant shall receive final review and approval of the਍ഀ proposed development plan, by the Town of Vail Design Review Board, prior to਍ഀ application of a building permit.਍ഀ 3. ERWS Encroachment: The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the਍ഀ Eagle River Water and Sanitation District, prior to issuance of a building permit.਍ഀ 4. Fire Safety. The applicant shall receive final review and approval of a fire safety਍ഀ plan for any proposed changes or alterations to the fire alarm and fire sprinkler਍ഀ systems, by the Town of Vail Fire Department, prior to issuance of a building਍ഀ permit.਍ഀ 5. Revocable ROW.- The applicant shall receive final review and approval of a਍ഀ revocable right-of-way permit for any landscaping or improvements in the right-of-਍ഀ way, by the Town of Vail Public Works Department, prior to issuance of a਍ഀ Certificate of Occupancy.਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on਍ഀ second reading, the PEC recommends the Vail Town Council makes the following findings:਍ഀ 1. That the amendment complies with the design criteria, based upon the review਍ഀ outlined in Section Vll of Staffs April 13, 2009 memorandum to the PEC; and਍ഀ 2. That the amendment is consistent with the applicable elements of the adopted਍ഀ goals, objectives and policies outlined in the Vail Comprehensive Plan and is਍ഀ compatible with the development objectives of the Town, based upon the review਍ഀ outlined in Section Vll of Staffs April 13, 2009 memorandum to the PEC; and਍ഀ 3. That the amendment is compatible with and suitable to adjacent uses and਍ഀ appropriate for the surrounding areas, based upon the review outlined in Section਍ഀ Vll of Staffs April 13, 2009 memorandum to the PEC; and਍ഀ 4. That the amendment does promote the health, safety, morals, and general welfare਍ഀ of the Town, and does promote the coordinated and harmonious development of਍ഀ the Town in a manner that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the highest quality,਍ഀ based upon the review outlined in Section Vll of Staff's April 13, 2009਍ഀ memorandum to the PEC.਍ഀ IV. ATTACHMENTS਍ഀ A. Draft Ordinance No. 10, Series of 2009਍ഀ 2਍ഀ ORDINANCE NO. 10਍ഀ SERIES OF 2009਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991,਍ഀ NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN਍ഀ ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO਍ഀ ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION਍ഀ AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINGS DEL NORTE,਍ഀ BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7;਍ഀ AND SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, Special Development District No. 2 was established June 4, 1974, and਍ഀ WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to਍ഀ previously approved development plans for. Special Development Districts; and਍ഀ WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,਍ഀ Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the਍ഀ proposed lobby addition, locker reconfiguration and site improvements; and਍ഀ WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting਍ഀ recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the਍ഀ proposed amendment to Special Development District No. 2.਍ഀ WHEREAS, the proposed major amendment complies with the design criteria set forth in the਍ഀ Zoning Regulations for amendments to a Special Development District; and਍ഀ WHEREAS, the proposed major amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with਍ഀ the development objectives of the Town; and਍ഀ 1਍ഀ Ordinance No. 10, Series of 2009਍ഀ T਍ഀ WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses਍ഀ and appropriate for the surrounding areas; and਍ഀ WHEREAS, the proposed major amendment promotes the health, safety, morals, and general਍ഀ welfare of the Town, and promotes the coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and its established character as a਍ഀ resort and residential community of the highest quality.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with stFikethFeu9h਍ഀ Sestien 1਍ഀ GhapteF 18.42 of the M61RiGipaI Code of the Town-of Vail be -r pe'Ited aRd Fe enar--te 1 as fellnic.਍ഀ Section 1 ' 9.42.81 ^ - Purpose਍ഀ A special development district is established to assure comprehensive development and use of an਍ഀ area in a manner that will be harmonious with the general character of the town, provide adequate਍ഀ open space and recreational amenities; and promote the objectives of the zoning ordinance of the਍ഀ town. Ordinarily a special district will be created only when the development density will be lower than਍ഀ allowed by the existing zoning, an environmental impact report indicates that the special development਍ഀ will not have a substantial negative effect on the Town or its inhabitants, the development is regarded਍ഀ as complementary to the Town by the Town Council, Planning and Environmental Commission, and਍ഀ Design Review Board, and there are significant aspects of the special development which cannot be਍ഀ satisfied under the existing zoning.਍ഀ 2਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 2 1,-a 42.a2a -Established਍ഀ Special Development District No. 2, Northwoods was established under the provisions of the਍ഀ original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District.਍ഀ The development standards for Special Development District No. 2 were established and਍ഀ adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974.਍ഀ Subsequent amendments have been adopted through the following ordinances:਍ഀ • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor਍ഀ arcades as accessory uses.਍ഀ • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage਍ഀ lockers, boulder retaining wall, sidewalk and landscaping.਍ഀ • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration਍ഀ and site improvements at Pinos Del Norte, Building C.਍ഀ p'trst a t to the nrnii~ v~ _ ^_ta t~~c (i#t spec l development dictrirt 7 is established਍ഀ frip th^oof --l-1NoodS- &,,elopi-nent OR 7.643 ,yes as rxe,paFtisuIaFly des^ribed OR the legal਍ഀ deGGr•jPtiGR -OR file in the e#jGe-o"-+e t਍ഀ Vam! VRIage Seventh Filing, 6aicl PC)Ft*()R tegetheF GE)Rtaining 5.774 aGFes, to be known as developmeRt਍ഀ the਍ഀ 8.42.14,਍ഀ "re" 4t may he icod..fnr )9oh 1਍ഀ spaGe, FeGFeatiORal +਍ഀ the 7.643 2-Gres shall be-Feferfed-to as "SPID-I Ie 2." (QFd 6(1974)਍ഀ 3਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 3 18.42.03Q -Development Plan Adopted਍ഀ The following documents comprise the development plan for Special Development District No. 2,਍ഀ Northwoods:਍ഀ 1. The development plan of Vail Associates, Inc., for its Northwoods development. The਍ഀ development plan includes but is not limited to the following data:਍ഀ a. The environmental impact report, which was submitted to the zoning administrator in਍ഀ accordance with Chapter 18.56;਍ഀ b. Existing and proposed contours after grading and site development having contour਍ഀ intervals of not more than two feet where the average slope on the site is twenty-five਍ഀ percent or less, and contour intervals of not more than five feet where the average਍ഀ slope on the site is greater than twenty-five percent. Supplemental documentation of਍ഀ proposed contours shall be submitted to the zoning administrator with the plans # or਍ഀ each phase of the development,਍ഀ c. A site plan..at a scale of one inch equals thirty feet or larger, showing the locations਍ഀ and dimensions of all buildings and structures, uses therein, and ail principal site਍ഀ development features such as landscaped areas, recreational facilities, pedestrian਍ഀ plazas and walkways, service areas, driveways, and off-street parking and loading਍ഀ areas;਍ഀ d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,਍ഀ showing existing landscape features to be retained or removed, and showing਍ഀ proposed landscaping and landscaped site development features such as outdoor਍ഀ 4਍ഀ Ordinance No. 10, Series of 2009਍ഀ recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water਍ഀ features, and other elements;਍ഀ e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch਍ഀ equals one foot or larger, in sufficient detail to determine gross residential floor area,਍ഀ interior circulation, locations of uses within buildings, and the general scale and਍ഀ appearance of the proposed buildings shall be submitted on a phase basis;਍ഀ f. An architectural model of the site and the proposed development, photographs, at a਍ഀ scale of one inch equals thirty feet or larger, portraying the scale and relationship of਍ഀ the development to the site, and illustrating the form and mass of structures in the਍ഀ development;਍ഀ g. Since phased construction is contemplated, a program must be submitted indicating਍ഀ order and timing of construction phases, phasing of recreational amenities, and਍ഀ proposals for Interim development.਍ഀ 2. The amended Development Plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the਍ഀ construction of the proposed lobby addition, locker reconfiguration and site਍ഀ improvements, according to plans prepared by Fritzlen Pierce Architects, dated April਍ഀ 24, 2009.਍ഀ Section 4X42.858 - Permitted Uses਍ഀ The following uses shall be permitted in the SDD No. 2 district:਍ഀ A. A maximum of one hundred thirty-nine dwelling units;਍ഀ Ordinance No. 10, Series of 2009਍ഀ 5਍ഀ V਍ഀ B. A maximum of six dwelling units to house onsite management personnel.਍ഀ Section 5 18.42.060 - Conditional Uses਍ഀ The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a਍ഀ conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,਍ഀ Vail Town Code. GhapteF .਍ഀ A. Private clubs and civic, cultural and fraternal organizations;਍ഀ B. Ski lifts and Tows;਍ഀ C. Public buildings, grounds and facilities;਍ഀ D. Public park and recreational facilities.਍ഀ E. Major arcade, so long as it does not have any exterior frontage on any public way, street,਍ഀ walkway, or mall area.਍ഀ Section 6 18.42-070 - Accessory Uses਍ഀ The following accessory uses shall be permitted in the SDD No. 2 district:਍ഀ A. Private underground garages, swimming pools, patios, or recreational facilities customarily਍ഀ incidental to permitted residential uses;਍ഀ i਍ഀ B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;਍ഀ C. Home occupations, " subject to issuance of a home occupation permit in accordance with the਍ഀ provisions of Section 12-14-12, Home Occupations, Vail Town Code਍ഀ 6਍ഀ Ordinance No. 10, Series of 2009਍ഀ D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary਍ഀ far the operation thereof.਍ഀ F. Minor arcade.਍ഀ Section 7 18.42.080 - Lot Area and Site Dimensions਍ഀ tang i 643 ac.Fes as 6peGified਍ഀ Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey)਍ഀ Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey)਍ഀ Total Site Area (SDD No. 2): 5.77 acres/ 251, 507.54 square feet਍ഀ Section 8 18.^,o .90 Setbacks਍ഀ The required setbacks shall be as indicated in the development plan, or be 4g a minimum of ten feet.਍ഀ Section 9 18.^~~0- Distance Between Buildings਍ഀ The minimum distances between all structures shall be as indicated in the development plan, being a਍ഀ minimum of thirty feet.਍ഀ Section 10 18.42.1 0- Height਍ഀ The maximum height of buildings shall be forty-five feet.਍ഀ Section 11 18.42.1'` Densit਍ഀ Ordinance No. 10, Series of 2009਍ഀ 7਍ഀ The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall਍ഀ not exceed one hundred seventy-five thousand square feet.਍ഀ Section 12 18.^x- Building Bulk਍ഀ The maximum length of any wall of a building face shall be one hundred seventy-five feet with a਍ഀ minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in਍ഀ the same plane between any two corners of a building shall be two hundred਍ഀ twenty-five feet.਍ഀ Section 13 18.40 Site Coverage਍ഀ Not more than twenty-five percent of the total site area may becovered by buildings.਍ഀ Section 14 1 R.^2- Open Space਍ഀ A. Useable open space for dwelling units shall be required as indicated in the development਍ഀ plan, but in no case shall the useable open space requirements be less than as follows:਍ഀ 1. A minimum of one square foot of useable open space for each four feet of gross residential floor਍ഀ area;਍ഀ 2. Not less than one hundred fifty square feet of useable open space shall be provided for each਍ഀ dwelling unit.਍ഀ B. Useable open space may be common space accessible to more than one dwelling unit, or private਍ഀ space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the਍ഀ 8਍ഀ Ordinance No. 10, Series of 2009਍ഀ required useable open space shall be provided at ground level, exclusive of required front setback਍ഀ areas.਍ഀ C. At least seventy-five percent of the required ground-level useable open space shall be common਍ഀ space. The minimum dimension of any area qualifying as ground level useable open space shall be਍ഀ ten feet.਍ഀ D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies਍ഀ or roof decks. The minimum dimension of any area qualifying as non-ground=level useable open਍ഀ space shall be five feet, and any such area shall contain at least fifty square feet.਍ഀ Section 15 18.460 -Landscaping and Site Development਍ഀ A. At least sixty percent of the total site area shall be landscaped as provided in the development਍ഀ plan.਍ഀ B. Within any area exempted from onsite parking and/or loading requirements, property owners or਍ഀ applicants shall be required to contribute to the town parking fund, established by this section for the਍ഀ purpose of meeting the demand and requirements for vehicle parking. At such time as any property਍ഀ owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area਍ഀ which would require parking and/or loading areas, the owner or applicant shall pay to the town the਍ഀ parking fee required in this section prior to the issuance of a building permit far said development or਍ഀ redevelopment.਍ഀ 1. The parking fund established in this section shall receive and disburse funds for file purpose of਍ഀ conducting parking studies or evaluations, construction of parking facilities, the maintenance of਍ഀ 9਍ഀ Ordinance No. 10, Series of 2009਍ഀ d਍ഀ parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative਍ഀ services relating to parking.਍ഀ 2. The parking tee to be paid by any owner or applicant shall be determined by the town council;਍ഀ provided in the event shall it be less than one thousand dollars per space, and in addition, that਍ഀ owners or applicants similarly situated shall be treated equally in any payer's funds are not used by਍ഀ the town for one of the purposes specified in subdivision within five years from the date of payment,਍ഀ the unused portion of the funds shall be returned to the payer upon his application.਍ഀ 3. In accounting far the funds expended from the parking fund, the finance depailment shall use a਍ഀ first in/first out rule.਍ഀ 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a਍ഀ special or general improvement district Is formed and assessments levied for the purpose of paying਍ഀ for parking improvements, the payer shall be credited against the assessment with the amount਍ഀ previously paid.਍ഀ Section 16'1 R.^- ~n4- Parking and Loading਍ഀ A. The qua ntity of off-street parking and loading facilities shall be provided in accordance with਍ഀ Section 12-10,'Off Street Parking and Loading, Vail Town Code. GhapteF 18. At least eighty-five percent of the required parking shall be located within the main building or਍ഀ buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and਍ഀ screened from view; and provided, further, that no required parking shall be exposed surface parking਍ഀ unless such is necessary and approval therefore is attained from the planning commission.਍ഀ G. No parking or loading area shall be located in any required front setback area,਍ഀ 10਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 17 Conditions of Approval਍ഀ The following conditions shall apply to the approval of the proposed lobby addition, locker਍ഀ reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce਍ഀ Architects, dated April 24, 2009, located at Pinos Del Norte, Building C:਍ഀ 1. Signs: The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on਍ഀ the property.਍ഀ 2. DRB approval: The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application of a building਍ഀ permit.਍ഀ 3. ERWS Encroachment: The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the Eagle River਍ഀ Water and Sanitation District, prior to issuance of a building permit.਍ഀ 4. Fire Safety. The applicant shall receive final review and approval of a fire safety plan਍ഀ for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the਍ഀ Town of Vail Fire Department, prior to issuance of a building permit.਍ഀ 5. Revocable ROW. The applicant shall receive final review and approval of a revocable਍ഀ right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of਍ഀ Vail Public Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ 11਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 18਍ഀ If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to਍ഀ be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and਍ഀ the Town Council hereby declares it would have passed this ordinance, and each part, section,਍ഀ subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,਍ഀ sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 19਍ഀ The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the਍ഀ effective date hereof, any prosecution commenced, nor any other action or proceeding as਍ഀ commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of਍ഀ any provision hereby shall not revive any provision or any ordinance previously repeated or਍ഀ superseded unless expressly stated herein਍ഀ Section 20਍ഀ All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to਍ഀ the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order,਍ഀ resolution or ordinance, or part thereof, theretofore repealed.਍ഀ 12਍ഀ Ordinance No. 10, Series of 2009਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN਍ഀ FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the਍ഀ Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building,਍ഀ Vail, Colorado.਍ഀ Richard Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of਍ഀ May, 2009.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 13਍ഀ Ordinance No. 10, Series of 2009਍ഀ VAIL TOWN COUNCIL਍ഀ EVENING SESSION AGENDA *iv)I'਍ഀ ' VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 6:00 P.M., MAY 5, 2009਍ഀ NOTE: Times of items are approximate, subject to change, and cannot਍ഀ be relied upon to determine at what time Council will consider਍ഀ an item.਍ഀ Public comments on work session item may be solicited by the਍ഀ Town Council਍ഀ ITEM/TOPIC: Citizen Input. (15 min.)਍ഀ 2. ITEM/TOPIC: Vail Youth Recognition Award.਍ഀ Battle Mountain High School - Eleanor Cahill਍ഀ Vail Mountain School - Cynthia Edgerton (5 min.)਍ഀ BACKGROUND: The purpose of the award is to recognize and reinforce਍ഀ outstanding achievement by youth of the Upper Vail Valley, both for their਍ഀ individual achievements and as role models for their peers. The Town਍ഀ Council created this award to acknowledge and reward students from our਍ഀ communtity schools.਍ഀ 3. ITEM/TOPIC: Appoint one member to the Vail Local Housing Authority਍ഀ (VLHA) board. (5 min.)਍ഀ PRESENTER(S): Lorelei Donaldson਍ഀ ACTION REQUESTED OF COUNCIL: Please interview the VLHA਍ഀ applicants at the work session and appoint one applicant to the VLHA (term਍ഀ expires May 31, 2014) at the evening meeting.਍ഀ BACKGROUND: Applicants must be full-time, year-round residents of਍ഀ EagleCounty who either are residents of the Town of Vail or work for a਍ഀ business holding a Town of Vail business license. Authority members must਍ഀ have a proven ability to be an effective advocate for a full range of housing਍ഀ projects and be able to promote a vision for local employee housing that has਍ഀ been approved of by the majority of the Authority. The role of Authority਍ഀ members is to act as Board of Directors for the business of the Vail Local਍ഀ Housing Authority. The duties may include Budget Approval, Adopting਍ഀ Policies, Advocacy, Staff Oversight, Strategic and Long-Term Planning,਍ഀ Setting Development and Acquisition Parameters and potentially managing਍ഀ the existing Town of Vail deed-restricted housing inventories. Technical਍ഀ experience in one of the following areas is also desirable: Financing of Large਍ഀ Projects, Development, Construction/Construction Management, Planning,਍ഀ Design, or Legal. The Town received four (4) applications. The applicants਍ഀ are: Soctt Ashburn, Jason Hartman, Ethan Moore* (*Incumbent board਍ഀ member) Pamela Hopkins.਍ഀ STAFF RECOMMENDATION: Appoint one person to the VLHA for a five਍ഀ year term.਍ഀ 4. ITEMITOPIC: Vail Local Licensing Authority (VLLA) vacancy appointment਍ഀ approvals. (5 min.)਍ഀ PRESENTER(S): Lorelei Donaldson਍ഀ ACTION REQUESTED OF COUNCIL: Appoint two members to the VLLA਍ഀ board for two year terms each.਍ഀ BACKGROUND: All VLLA applicants must be citizens of the United States,਍ഀ qualified electors of the Town of Vail, and have resided in the Town of Vail for਍ഀ not less than two years preceding appointment, and shall have no direct਍ഀ financial interest in any license to sell alcoholic beverages or any location਍ഀ having any such license. Duties of the five-member board include review of਍ഀ all Town of Vail liquor license applications. There are currently three਍ഀ vacancies on the LLA. The Town received two (2) applications for the਍ഀ vacancies. The Council needs to interview the applicants at the work session਍ഀ and then make the appointments to the LLA at the evening meeting.਍ഀ The applicants are:਍ഀ Mark Conlin*਍ഀ Kevin (KJ) Williams*਍ഀ *Incumbent board members. Please note KJ was appointed the LLA at the਍ഀ Nlarch 17th town council meeting for a two (2) month period to replace the਍ഀ vacancy created by Connie Knight.਍ഀ STAFF RECOMMENDATION: Appoint two people to the VLLA. The Town਍ഀ Clerk will re-publish the vacancy notice to fill the one vacancy still to be filled.਍ഀ 5. ITEM/TOPIC: Town Manager's Report. (5 min.)਍ഀ PRESENTER(S): Stan Zemler਍ഀ 6.਍ഀ ITEM/TOPIC: A Request For Proposa ~FP) construct two new਍ഀ employee housing units on the Town ow2657 Arosa Drive਍ഀ (commonly known as the A-Frame) which is legally described as Lot 8, Block਍ഀ C - Vail Ridge. (30 Min.)਍ഀ PRESENTER(S): Nina Timm਍ഀ ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications,਍ഀ or Deny the issuance of the RFP to construct two new employee housing਍ഀ units at 2657 Arosa Drive.਍ഀ BACKGROUND: In 1995, as part of a land exchange with the U.S. Forest਍ഀ Service, the Town of Vail acquired a.418-acre lot zoned primary-secondary.਍ഀ At the time, an A-frame residence, built in 1972 was located on the property਍ഀ and was used as rental housing by the town until it was torn down in 2000 to਍ഀ make way for new employee housing units. At the time, the Town hired an਍ഀ architect to design a new employee housing duplex. However, the town਍ഀ changed its priorities before beginning construction of the new units.਍ഀ STAFF RECOMMENDATION: Approve the issuance of the RFP to਍ഀ construct two new employee housing units at 2657 Arosa Drive. If the Town਍ഀ Council decides not to issue the RFP, Staff recommends Town Council place਍ഀ a deed restriction on the property and sell it.਍ഀ IQ., ~L਍ഀ 7. EM/TOPIC: Timber Ridge Redevelopment. (30 Min.)਍ഀ PRESENTER S : Stan Zemler਍ഀ ACTION REQUESTED OF COUNCIL: Town Council select a group and਍ഀ direct staff to ter into a pre-development agreement in regard to the਍ഀ redevelopment o ber Ridge. Staff should return to the Council within 60਍ഀ days with a draft agre ent for Council consideration.਍ഀ BACKGROUND: The Town o ail issued a FQ/ r the redevelopment਍ഀ for the eastern half of the Timber ' e property. en proposals were਍ഀ received. Of the ten, six teams were i rviewed by the Vail Local Housing਍ഀ Authority (VLHA) and staff. Four of these ups were interviewed by the਍ഀ Vail Town Council and the VLHA on April 21, 2009.਍ഀ ITEM/TOPIC: 2009 Asphalt Overlay Project Award. (5 min.)਍ഀ PRESENTER(S): Tom Kassmel਍ഀ ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter਍ഀ into an agreement with A-1 Chipseal Company, in a form approved by the਍ഀ Town Attorney, to complete the 2009 Asphalt Overlay Project in the amount਍ഀ of $348,848.00.਍ഀ BACKGROUND: The town received four bids for the 2009 Asphalt Overlay਍ഀ Project. A-1 Chipseal Company was the low bidder. All of the submitted bids਍ഀ are within budget and below the engineer's estimate. The project consists of਍ഀ maintenance asphalt overlays on portions of the roads in Main Vail and West਍ഀ Vail, more specifically, Spraddle Creek Rd. and those roads in the Red਍ഀ Sandstone Dr. area. The four bids were as follows:਍ഀ A-1 Chipseal Company਍ഀ $348,848.00਍ഀ Elam Construction਍ഀ $393,831.00਍ഀ B&B Excavating਍ഀ $426,831.83਍ഀ Grand River Construction਍ഀ $439,298.50਍ഀ The project is budgeted within the Capital Street Maintenance Budget.਍ഀ STAFF RECOMMENDATION: Authorize the Town Manager to enter into an਍ഀ agreement with A-1 Chipseal Company to complete the 2009 Asphalt਍ഀ Overlay Project in the amount of $348,848.00.਍ഀ 9. Z , ~4x~ M.c n.,਍ഀ J~ ITEM/TOPIC: First Reading of Ordinance No. 10, Series of 2009 adopting a਍ഀ major amendment to Special Development District No. 2, Northwoods,਍ഀ pursuant to Article 12-9(A), Special Development District, Vail Town Code, to਍ഀ Y਍ഀ allow for a lobby addition and locker reconfiguration; located at 600 Vail਍ഀ Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing਍ഀ 7, and setting forth details in regard thereto. (PEC090009) (20 min.)਍ഀ PRESENTER(S): Nicole Peterson਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,਍ഀ or deny Ordinance No. 10, Series of 2009 on First Reading.਍ഀ BACKGROUND: The proposed lobby addition and locker reconfiguration਍ഀ trigger a major amendment requirement under Section 12-9A-2, Vail Town਍ഀ Code; because the proposed lobby addition expands the existing building਍ഀ footprint more than five feet, and the lockers were originally built under a਍ഀ major amendment (Ordinance No. 33, Series of 1991).਍ഀ STAFF RECOMMENDATION: On April 13, 2009 the the Planning and਍ഀ Environmental Commission forwarded a recommendation of approval,਍ഀ with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009,਍ഀ by a vote of 4-0-1 (Kjesbo recused).਍ഀ 10. ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2009, an਍ഀ ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to਍ഀ Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to਍ഀ establish regulations for temporary building banner signs within the Town of਍ഀ Vail, and setting forth details in regard thereto. (10 min.)਍ഀ PRESENTER(S): Rachel Friede਍ഀ ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town਍ഀ Council approve, approve with modifications, or deny Ordinance No. 11,਍ഀ Series of 2009, upon first reading.਍ഀ BACKGROUND: The applicant, the Vail Valley Foundation, applied for a਍ഀ prescribed regulations amendment to Title 11, Sign Regulations, Vail Town਍ഀ Code, in order to facilitate the use of large banners on buildings under਍ഀ construction to advertise community events. On April 13, 2009, the Town of਍ഀ Vail Planning and Environmental Commission made a final recommendation਍ഀ of denial to the Vail Town Council (3-2 vote, with Tjossem and Viele਍ഀ opposed, Pierce and Palladino absent).਍ഀ STAFF RECOMMENDATION: Based upon Staff's review of the criteria਍ഀ outlined in Section V of the Staff memorandum to the PEC dated April 13,਍ഀ 2009, and the evidence and testimony presented, the Community਍ഀ Development Department recommends denial of Ordinance No. 11, Series of਍ഀ 2009.਍ഀ 11.਍ഀ ITEM/TOPIC: First reading of Ordinance No. 12, Series of 2009, an਍ഀ ordinance establishing Special Development District No. 41, the Vail Row਍ഀ Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail਍ഀ Town Code, and setting forth details in regard thereto. (PEC080074) (60਍ഀ min.)਍ഀ PRESENTER(S): Bill Gibson਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,਍ഀ or deny Ordinance No. 12, Series of 2009, on first reading.਍ഀ BACKGROUND: On April 13, 2009, the Planning and Environmental਍ഀ Commission voted 5-0-0 to forward a recommendation of approval to the਍ഀ Town Council for establishment the proposed special development district.਍ഀ STAFF RECOMMENDATION: The Planning and Environmental਍ഀ Commission recommends that the Town Council approves, on first reading,਍ഀ Ordinance No. 12, Series of 2009, an ordinance establishing Special਍ഀ Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A,਍ഀ Special Development (SDD) District, Vail Town Code, and setting forth਍ഀ details in regard thereto.਍ഀ 12. ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2009, An਍ഀ Ordinance making supplemental appropriations to the Town of Vail General਍ഀ Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax਍ഀ Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service਍ഀ Fund of the 2009 Budget for the Town of Vail, Colorado; and authorizing the਍ഀ expenditures of said appropriations as set forth herein; and setting forth਍ഀ details in regard thereto. (10 min.)਍ഀ PRESENTER(S): Kathleen Halloran਍ഀ ACTION REQUESTED OF COUNCIL: Approve or approve with਍ഀ amendments the second reading of Ordinance No. 8, Series of 2009.਍ഀ BACKGROUND: To be provided in a separate memo.਍ഀ STAFF RECOMMENDATION: Staff recommends that the Town Council਍ഀ approves or approves with amendments Ordinance No. 8, Series of 2009,਍ഀ upon second reading.਍ഀ 13. ITEM/TOPIC: Resolution No. 11, Series 2009, A Resolution Designating਍ഀ Bank Accounts for E-Commerce Transactions for the Town of Vail with Stan਍ഀ Zemler, Pam Brandmeyer, Judy Camp and Jacque Lovato , as the਍ഀ Designated Signers on that Account. Permitted by the Charter of the Town,਍ഀ Ordinances, and the Statutes of the State of Colorado; and Setting Forth਍ഀ Details in Regard Thereto. (5 min. )਍ഀ PRESENTER(S): Judy Camp / Ron Braden਍ഀ ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution਍ഀ No. 11, Series of 2009.਍ഀ BACKGROUND: Town wishes to subscribe to an eCourier transaction਍ഀ system that allows electronic recordation of land records with the Eagle਍ഀ County Clerk and Recorder. The eCourier company requires a bank account਍ഀ for automatic withdraws for the recording fee. The Town anticipates the need਍ഀ for additional designated bank accounts to support e-commerce. The Town਍ഀ has the power to designate banks or financial institutions for funds of the਍ഀ Town. The Town wishes to designate opening an additional bank accounts਍ഀ with Firstbank of Vail with Stan Zemler, Pam Brandmeyer, Judy Camp, and਍ഀ Jacque Lovato as signers on this account.਍ഀ STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 11,਍ഀ Series of 2009.਍ഀ 14. ITEM/TOPIC: Resolution No. 12, Series 2009, A Resolution Approving the਍ഀ Amendments to the Vail Transportation Master Plan; and Setting Forth਍ഀ Details in Regard Thereto. (10 min.)਍ഀ PRESENTER(S): Bill Gibson / Tom Kassmel਍ഀ ACTION REQUESTED OF COUNCIL: Approve the Amendments to the Vail਍ഀ Transportation Master Plan.਍ഀ BACKGROUND: The Planning and Environmental Commission held work਍ഀ sessions to discuss the proposed master plan amendment on March 23 ands਍ഀ April 13, 2009. The Town is proposing to consolidate and update the਍ഀ transportation master planning and design efforts into a single master plan਍ഀ document. The proposed plan is based upon existing conditions, current਍ഀ trends and anticipated growth. The proposed master plan is intended to be a਍ഀ guide for the Town's transportation system for the next 20 years.਍ഀ STAFF RECOMMENDATION: Approve the Amendments to the Vail਍ഀ Transportation Master Plan.਍ഀ 15. ITEM/TOPIC: Resolution No. 13, Series 2009, A Resolution Approving the਍ഀ Skier Drop-Off Easement Agreement Between the Town of Vail, Colorado਍ഀ (the "Town") and the Vail Corporation dba Vail Associates, Inc ("VAI"); and਍ഀ Setting Forth Details in Regard Thereto. (15 min.)਍ഀ PRESENTER(S): Matt Mire / Greg Hall਍ഀ ACTION REQUESTED OF COUNCIL: Approve the Skier Drop-Off਍ഀ Easement Agreement, and authorize the Town Manager to sign and enter਍ഀ into the Agreement with VAI.਍ഀ BACKGROUND: VAI is the owner of certain real property in Vail commonly਍ഀ known as the "North Day Lot". The Town has given requisite development਍ഀ plan approvals for developing the North Day Lot as a multi-family employee਍ഀ housing residential project together with other related improvements. The਍ഀ approved development plans provide for the construction and relocation of a਍ഀ nine (9) space skier drop-off area. The Town and VAI wish to enter into this਍ഀ Skier Drop-Off Easement Agreement in furtherance of implementing the use਍ഀ of the skier drop-off area for its intended purposes and of integrating such਍ഀ use with the future North Day Lot development.਍ഀ STAFF RECOMMENDATION: Approve the Skier Drop-Off Easement਍ഀ Agreement, and authorize the Town Manager to sign and enter into the਍ഀ Agreement with VAI.਍ഀ 16.਍ഀ ITEM/TOPIC: Resolution No. 14, a resolution approving the increased fees਍ഀ in the provision of fire protection services out of town limits; and setting forth਍ഀ details in regard thereto. Increases in other fees as charged by the Fire਍ഀ Department. (5 min.)਍ഀ PRESENTER(S): Judy Camp / Mike McGee਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with amendments,਍ഀ or deny Resolution No. 14 increasing the fees charged for fire protection਍ഀ services outside of town limits. No formal action is required on other fees,਍ഀ which are presented for Town Council's review before implementation.਍ഀ BACKGROUND: Town Council has asked for a review of fees charged for਍ഀ town services to assure the town's costs are recovered. Fees for fire਍ഀ protection service contracts were last updated in 1991 and clearly do not਍ഀ recover the town's costs. Other fees administered by the Fire Department਍ഀ were last increased in 2003 and also do not recover the town's costs. The਍ഀ proposed fee schedule increases fees to a level appropriate for 2009.਍ഀ STAFF RECOMMENDATION: Approve Resolution No. 14 as presented਍ഀ 17. ITEM/TOPIC: Adjournment. (9:55 p.m.)਍ഀ NOTE UPCOMING MEETING START TIMES BELOW:਍ഀ (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)਍ഀ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL਍ഀ BEGIN AT 6:00 p.m., TUESDAY, MAY 19 IN THE VAIL TOWN COUNCIL਍ഀ CHAMBERS.਍ഀ MEMORANDUM਍ഀ TO: Vail Town Council਍ഀ FROM: Community Development Department਍ഀ DATE: May 5, 2009਍ഀ SUBJECT: First Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to਍ഀ Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special਍ഀ Development District, Vail Town Code, to allow for a lobby addition and locker਍ഀ reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of਍ഀ Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009)਍ഀ Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce਍ഀ Architects਍ഀ Planner: Nicole Peterson਍ഀ 1. DESCRIPTION OF THE REQUEST਍ഀ This is a proposed major amendment to SDD No. 2, Northwoods, which requires a਍ഀ recommendation by the Planning and Environmental Commission (PEC) and an ordinance਍ഀ review and approval by Town Council under Section 12-9A, Special Development District, Vail਍ഀ Town Code. The applicant is proposing the following improvements to the Pinos Del Norte਍ഀ building and property, which comply with all zoning and land use requirements:਍ഀ Proposed Improvements:਍ഀ • Common lobby addition (280 sf)਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 sf)਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x 19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ Staff has attached a copy of the Staff memorandum to the PEC dated April 13, 2009. Since਍ഀ the PEC April 13, 2009, public hearing, the applicant has met the PEC recommended਍ഀ condition #1, which requested a minimum 4.5 foot setback for the proposed lockers. Due to਍ഀ that change, please be aware that the attached PEC memorandum sections and information਍ഀ have changed as follows:਍ഀ PEC Memorandum Changes:਍ഀ • Zoning and Land Use Section:਍ഀ o Existing/ Approved setback on the west side should read 4.5 feet, instead of 5਍ഀ feet, which was clarified in a survey, presented to the PEC.਍ഀ o Proposed setback on the west side should read 4.5 feet, which complies with the਍ഀ existing approved development plan.਍ഀ • Review Criteria and Findings Section:਍ഀ o Design Criteria A, third (last) paragraph, no longer applies because the proposal਍ഀ now meets all zoning and land use requirements.਍ഀ Attachments Section:਍ഀ o `Plans' attachment from the PEC memo is not included because the plans have਍ഀ been revised to reflect the 4.5 foot setback on the west side.਍ഀ o To reduce confusion, only the revised proposed plans are attached for the਍ഀ Council's review.਍ഀ II. BACKGROUND਍ഀ On April 13, 2009 the Planning and Environmental Commission forwarded a recommendation਍ഀ of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009,਍ഀ by a vote of 4-0-1 (Kjesbo recused). The Commission recommended the following conditions:਍ഀ 1. Locker setback: The applicant shall submit revised development plans that illustrate਍ഀ the proposed ski storage lockers setback a minimum of 4.5 feet from the west property਍ഀ line, prior to the final review of the development plans by the Town of Vail Design਍ഀ Review Board.਍ഀ * Condition met: Since the PEC hearing, the applicant has revised the proposed਍ഀ development plan to show the proposed ski storage lockers setback a minimum of 4.5਍ഀ feet.਍ഀ 2. Utility Sign-off. The applicant shall receive final review and approval of the location of਍ഀ the proposed lockers within the utility easement along the west property line, by the਍ഀ utility companies, prior to the final review of the development plans by the Town of Vail਍ഀ Design Review Board.਍ഀ * Condition met: Since the PEC hearing, the applicant has submitted the appropriate਍ഀ utility signatures.਍ഀ 3. Signs: The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of any਍ഀ signs on the property.਍ഀ 4. DRB approval. The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application of a਍ഀ building permit.਍ഀ * On April 15, 2009, the DRB conceptually reviewed the proposed improvements and਍ഀ directed Staff to approve the proposal, pending Council's decision.਍ഀ 5. ERWS Encroachment. The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the Eagle਍ഀ River Water and Sanitation District, prior to issuance of a building permit.਍ഀ 6. Fire Safety. The applicant shall receive final review and approval of a fire safety plan਍ഀ for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by਍ഀ the Town of Vail Fire Department, prior to issuance of a building permit.਍ഀ 7. Revocable ROW. The applicant shall receive final review and approval of a revocable਍ഀ right-of-way permit for any landscaping or improvements in the right-of-way, by the਍ഀ Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ * Since the PEC hearing, the applicant has submitted a revocable right-of-way permit਍ഀ application. However, the permit will not be approved until the improvements are਍ഀ completed and inspected.਍ഀ 2਍ഀ VI. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION਍ഀ The Planning and Environmental Commission forwards a recommendation of approval, with਍ഀ conditions to the Vail Town Council for the proposed amendment to Special Development਍ഀ District No. 2, Northwoods, pursuant to Article 12-9A, Vail Town Code, through Ordinance No.਍ഀ 10, Series of 2009. PEC's recommendation is based upon the review of the criteria found in਍ഀ Section V of this memorandum and the evidence and testimony presented.਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first਍ഀ reading, the Planning and Environmental Commission recommends the Vail Town Council਍ഀ pass the following motion:਍ഀ "The Vail Town Council approves, with conditions, on first reading, Ordinance No. 10,਍ഀ Series of 2009, an ordinance to allow a major amendment to Special Development਍ഀ District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District,਍ഀ Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600਍ഀ Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and਍ഀ setting forth details in regard thereto."਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first਍ഀ reading, the Planning and Environmental Commission recommends the Vail Town Council਍ഀ approve with the following conditions:਍ഀ 1. Signs: The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of any਍ഀ signs on the property.਍ഀ 2. DRB approval: The applicant shall receive final review and approval of the਍ഀ proposed development plan, by the Town of Vail Design Review Board, prior to਍ഀ application of a building permit.਍ഀ 3. ERWS Encroachment: The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the਍ഀ Eagle River Water and Sanitation District, prior to issuance of a building permit.਍ഀ 4. Fire Safety. The applicant shall receive final review and approval of a fire safety਍ഀ plan for any proposed changes or alterations to the fire alarm and fire sprinkler਍ഀ systems, by the Town of Vail Fire Department, prior to issuance of a building਍ഀ permit.਍ഀ 5. Revocable ROW., The applicant shall receive final review and approval of a਍ഀ revocable right-of-way permit for any landscaping or improvements in the right-of-਍ഀ way, by the Town of Vail Public Works Department, prior to issuance of a਍ഀ Certificate of Occupancy.਍ഀ Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on first਍ഀ reading, the Planning and Environmental Commission recommends the Vail Town Council਍ഀ makes the following findings:਍ഀ 1. That the amendment complies with the design criteria, based upon the review਍ഀ outlined in Section V of the Staff's May 5, 2009, memorandum to the Vail Town਍ഀ Council, and਍ഀ 2. That the amendment is consistent with the applicable elements of the adopted਍ഀ goals, objectives and policies outlined in the Vail Comprehensive Plan and is਍ഀ compatible with the development objectives of the Town, based upon the review਍ഀ outlined in Section V of the Staff's May 5, 2009, memorandum to the Vail Town਍ഀ 3਍ഀ Council, and਍ഀ 3. That the amendment is compatible with and suitable to adjacent uses and਍ഀ appropriate for the surrounding areas, based upon the review outlined in Section V਍ഀ of the Staff's May 5, 2009, memorandum to the Vail Town Council, and਍ഀ 4. That the amendment does promote the health, safety, morals, and general welfare਍ഀ of the Town, and does promote the coordinated and harmonious development of਍ഀ the Town in a manner that conserves and enhances its natural environment and its਍ഀ established character as a resort and residential community of the highest quality,਍ഀ based upon the review outlined in Section V of the Staff's May 5, 2009,਍ഀ memorandum to the Vail Town Council.਍ഀ VII. ATTACHMENTS਍ഀ A. PEC Memo, April 13, 2009਍ഀ B. Vicinity Map਍ഀ C. Plans Dated April 24, 2009਍ഀ D. Draft Ordinance No. 10, Series of 2009਍ഀ 4਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: April 13, 2009਍ഀ SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major਍ഀ amendment to Special Development District No. 2, Northwoods, pursuant to਍ഀ Article 12-9(A), Special Development District, Vail Town Code, to allow for a਍ഀ lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos਍ഀ Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth਍ഀ details in regard thereto. (PEC090009)਍ഀ Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen਍ഀ Pierce Architects਍ഀ Planner: Nicole Peterson਍ഀ 1. SUMMARY਍ഀ The Applicant, Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce਍ഀ Architects, has requested a major amendment to Special Development District (SDD)਍ഀ No. 2, Northwoods, to allow for a lobby addition and locker reconfiguration; located at਍ഀ 600 Vail Valley Drive (Pinos Del Norte).਍ഀ Staff is recommending approval, with conditions of the major amendment to SDD No.਍ഀ 2, Northwoods, based upon the criteria and findings found in Section VII of this਍ഀ memorandum.਍ഀ II. DESCRIPTION OF THE REQUEST਍ഀ This is a major amendment to SDD No. 2, Northwoods, which requires a਍ഀ recommendation by the Planning and Environmental Commission and an ordinance਍ഀ review and approval by Town Council. The applicant is proposing the following਍ഀ improvements to the Pinos Del Norte building and property:਍ഀ • Common lobby addition (280 so਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 sf)਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ The proposed lobby addition and locker reconfiguration trigger a major amendment਍ഀ requirement under Section 12-9A-2, Vail Town Code; because the proposed lobby਍ഀ addition expands the existing building footprint more than five feet, and the lockers were਍ഀ originally built under a major amendment (Ordinance No. 33, Series of 1991). No਍ഀ additional GRFA is proposed; as the additions are `common space' as referenced in਍ഀ Section 12-15-3(B)(1)(a) Common Spaces, Vail Town Code.਍ഀ III. BACKGROUND਍ഀ Special Development District (SDD) No. 2, Northwoods, was adopted by Ordinance No.਍ഀ 6, Series of 1974. The Pinos Del Norte (Building C) and property is part of SDD No. 2,਍ഀ however it is managed by a separate homeowner's association from the Northwoods਍ഀ Condominiums (Buildings A, B, D, E, and F). SDD No. 2 has been amended two times਍ഀ since its inception including the following:਍ഀ 1. Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and਍ഀ minor arcades as accessory uses.਍ഀ 2. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage਍ഀ lockers, boulder retaining wall, sidewalk and landscaping.਍ഀ IV. ROLES OF THE REVIEWING BOARDS਍ഀ Planninq and Environmental Commission (PEC):਍ഀ The PEC shall review the Major Amendment to a Special Development District pursuant਍ഀ to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The਍ഀ Planning and Environmental Commission may recommend approval of the਍ഀ amendment, may recommend approval with such conditions as it deems਍ഀ necessary to accomplish the purpose of this title, or may recommend denial of the਍ഀ amendment.਍ഀ Town Council:਍ഀ The Town Council shall consider but shall not be bound by the recommendation of the਍ഀ Planning and Environmental Commission. The Town Council shall approve, approve਍ഀ with conditions or deny the proposed amendment by ordinance, pursuant to criteria set਍ഀ forth in Section 12-9A-8: Design Criteria and Necessary Findings.਍ഀ V. APPLICABLE PLANNING DOCUMENTS਍ഀ Section 12-9A: Special Development (SDD) District਍ഀ 12-9A-1: PURPOSE: The purpose of the special development district is to encourage਍ഀ flexibility and creativity in the development of land in order to promote its most਍ഀ appropriate use; to improve the design character and quality of the new development਍ഀ with the town; to facilitate the adequate and economical provision of streets and਍ഀ utilities; to preserve the natural and scenic features of open space areas, and to਍ഀ further the overall goals of the community as stated in the Vail comprehensive plan.਍ഀ 12-9A-2. DEFINITIONS (in part)਍ഀ Major Amendment: Any proposal to change uses; increase gross residential਍ഀ floor area; change the number of dwelling or accommodation units; modify,਍ഀ enlarge or expand any approved special development district (other than `minor਍ഀ amendments' as defined in this section).਍ഀ Minor Amendment. Modifications to building plans, site or landscape plans that਍ഀ do not alter the basic intent and character of the approved special development਍ഀ district, and are consistent with the design criteria of this article. Minor਍ഀ 2਍ഀ amendments may include, but not be limited to, variations of not more than five਍ഀ feet (5) to approved setbacks and/or building footprints.਍ഀ VI.਍ഀ VII਍ഀ ZONING AND LAND USE਍ഀ Zoning: Special Development District No. 2 and underlying High਍ഀ Density Multiple Family (HDMF) District਍ഀ Land Use Plan Designation: Medium Density Residential਍ഀ Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet਍ഀ Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet਍ഀ (Northwoods 1999 survey & Pinos Del Norte 2005 survey)਍ഀ The following standards are for the entire SDD No. 2:਍ഀ Development Standard਍ഀ Allowed/Reg.*਍ഀ Exist/Approved਍ഀ Proposed਍ഀ Min. Setbacks**:਍ഀ North:਍ഀ 10'਍ഀ 12' (Bldg C)਍ഀ No change਍ഀ South:਍ഀ 10'਍ഀ 23' (Bldg F)਍ഀ No change਍ഀ East:਍ഀ 10'਍ഀ 27' (Bldg F)਍ഀ No change਍ഀ West:਍ഀ 10'਍ഀ 5' (lockers)਍ഀ 2'਍ഀ Max. Building Height:਍ഀ 45 feet਍ഀ 2-5 stories਍ഀ No change਍ഀ Max. Density:਍ഀ 139 DU***਍ഀ 92 DU਍ഀ No change਍ഀ Max. GRFA:਍ഀ 175,000 sf਍ഀ 154,638.8 sf਍ഀ No change਍ഀ Max. Site Coverage:਍ഀ 25%਍ഀ 24.4% (61,506 sf)਍ഀ 24.6% (61,869)਍ഀ (363 sf proposed)਍ഀ Min. Landscape Area:਍ഀ 60%਍ഀ 62.6%਍ഀ 62.4%਍ഀ (545 sf proposed)਍ഀ Min. Open Space:਍ഀ 38,659.7****਍ഀ 157,629਍ഀ 157,084਍ഀ * The allowed or required development standards were gathered from Ordinance No. 33, Series of 1991਍ഀ and are not proposed to change in the draft Ordinance No. 10, Series of 2009.਍ഀ Setbacks are measured from property line to exterior walls at the closest point and are applied to the਍ഀ perimeter of SDD No. 2. Existing setback measurements were gathered from the 1999 topographic site਍ഀ survey of Northwoods and the 2005 topographic site survey of Pinos Del Norte.਍ഀ The original approved development plan for SDD No. 2 included 139 dwelling units, however only 92਍ഀ units were constructed (Additional units were planned for the F building site).਍ഀ The minimum open space required is set forth in Ordinance No. 33, Series of 1991, which states: 1 sq.਍ഀ ft. per 4 sq. ft. of GRFA (Existing = 154,638.8) or 125 sq. ft. per dwelling (Existing = 92). The greater of the਍ഀ two options is the GRFA calculation which resulted in 38,659.7 sq. ft.਍ഀ REVIEW CRITERIA AND FINDINGS਍ഀ Section 12-9A-8, below, outlines the design criteria for Special Development Districts.਍ഀ Staff has responded to each of the criteria as they relate to the proposed improvements਍ഀ at Pinos Del Norte.਍ഀ 3਍ഀ 12-9A-8: DESIGN CRITERIA:਍ഀ The following design criteria shall be used as the principal criteria in evaluating the਍ഀ merits of the proposed special development district. It shall be the burden of the਍ഀ applicant to demonstrate that submittal material and the proposed development plan਍ഀ comply with each of the following standards, or demonstrate that one or more of them is਍ഀ not applicable, or that a practical solution consistent with the public interest has been਍ഀ achieved.਍ഀ A. Design compatibility and sensitivity to the immediate environment,਍ഀ neighborhood and adjacent properties relative to architectural design, scale,਍ഀ bulk, building height, buffer zones, identity, character, visual integrity and਍ഀ orientation.਍ഀ The applicant is proposing to update and remodel the Pinos Del Norte building਍ഀ and site to improve the overall visual character and architectural design of the਍ഀ building and site. The proposed improvements include:਍ഀ • Common lobby addition (280 sf)਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 so਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ Staff believes that the general design and character, of the proposed additions are਍ഀ compatible with the existing building and neighborhood and that the additions਍ഀ further the visual integrity of the development. The proposed lobby addition is in a਍ഀ location that is not visible from the public right-of-way, or surrounding properties਍ഀ and the improvements to the vehicle entry area enhances the aesthetics of the਍ഀ site from Vail Valley Drive.਍ഀ Staff is concerned, however with the lack of a `buffer zone,' as identified in this਍ഀ criterion, or setback along the west property line. The applicant is proposing to਍ഀ construct the reconfigured lockers closer to the west property line (2-2.5 feet) than਍ഀ they exist today (5 feet). Therefore, Staff is recommending, through a draft਍ഀ condition, that the applicant revise development plans, prior to final design਍ഀ approval, that illustrate the lockers setback a minimum of 5 feet from the west਍ഀ property line. The reason for the minimum setback is to maintain a more਍ഀ appropriate distance or `buffer zone' from the adjacent property and not encroach਍ഀ further into the existing 10 foot utility easement, along the west property line.਍ഀ B. Uses, activity and density which provide a compatible, efficient and workable਍ഀ relationship with surrounding uses and activity.਍ഀ Staff believes the proposed uses, activities and density continue to provide a਍ഀ compatible, efficient and workable relationship with surrounding uses and activity.਍ഀ The proposed improvements are meant to increase the usable function of the਍ഀ existing uses and activities and provide an enhanced arrival experience at the਍ഀ vehicular and pedestrian entrances to the site. No additional density (GRFA) is਍ഀ 4਍ഀ proposed because the additions are `common space' as referenced in Section 12-਍ഀ 15-3(B)(1)(a) Common Spaces, Vail Town Code. With no additional GRFA, there਍ഀ is no inclusionary Zoning (employee housing) mitigation requirement.਍ഀ C. Compliance with parking and loading requirements as outlined in Chapter਍ഀ 12-10 of the Vail Town Code.਍ഀ The proposed improvements do not generate the need for additional parking਍ഀ spaces. The current site is in compliance with the requirements set forth in਍ഀ Chapter 12-10, Vail Town Code. The proposed improvements including the new਍ഀ retaining walls, garage fagade and porte cochere are meant to improve the਍ഀ aesthetics and efficiency of the vehicular entrance to the site.਍ഀ D. Conformity with the applicable elements of the Vail Comprehensive Plan.਍ഀ Staff has reviewed the Town of Vail Land Use Plan and believes the Plan goals਍ഀ listed below are upheld by the proposed additions.਍ഀ 1.0 General Growth/Development਍ഀ 1.1 Vail should continue to grow in a controlled environment, maintaining a਍ഀ balance between residential, commercial and recreational uses to serve਍ഀ both the visitor and the permanent resident.਍ഀ 1.3 The quality of development should be maintained and upgraded਍ഀ whenever possible.਍ഀ 1.12 Vail should accommodate most of the additional growth in existing਍ഀ developed areas (infill areas).਍ഀ E. Identification and mitigation of natural and/or geologic hazards that affect the਍ഀ property on which the special development district is proposed.਍ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposed਍ഀ additions are not located in any geologically sensitive areas or within the 100-year਍ഀ floodplain of Gore Creek or its tributaries.਍ഀ F. Site plan, building design and location and open space provisions designed਍ഀ to produce a functional development responsive and sensitive to natural਍ഀ features, vegetation and overall aesthetic quality of the community.਍ഀ The proposed improvements do not further disturb any natural features or਍ഀ vegetation. The proposed improvements are sensitive to existing trees and਍ഀ landscaping and will improve the aesthetics of the building and site.਍ഀ G. A circulation system designed for both vehicles and pedestrians addressing਍ഀ on and off-site traffic circulation.਍ഀ The applicant is proposing improved pedestrian circulation by proposing heated਍ഀ pavers and new sidewalk/ patio area at the pedestrian entrance. The applicant਍ഀ also plans to improve the vehicle entrance and circulation efficiency by installing a਍ഀ new porte cochere, reconfiguring the dumpster enclosure for improved efficiency਍ഀ and generally updating and improving the fagade of the garage entrance area.਍ഀ Staff believes the proposed remodel will improve the pedestrian and vehicle਍ഀ experience on-site and that the proposal has little to no effect on the off-site traffic਍ഀ circulation.਍ഀ H. Functional and aesthetic landscaping and open space in order to optimize਍ഀ and preserve natural features, recreation, views and functions.਍ഀ Landscaping along Vail Valley Drive is being substantially upgraded with the਍ഀ replacement of the existing gabion walls with stone veneer walls, the addition of਍ഀ wrought iron gates and the addition of numerous plants. Staff believes the਍ഀ landscaping plan will preserve and improve the natural appearance of the site.਍ഀ 1. Phasing plan or subdivision plan that will maintain a workable, functional਍ഀ and efficient relationship throughout the development of the special਍ഀ development district.਍ഀ The applicant is proposing to construct the improvements all at once; no phasing is਍ഀ proposed.਍ഀ VIII. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Planning and਍ഀ Environmental Commission forwards a recommendation of approval, with conditions਍ഀ of the proposed amendment to Special Development District No. 2, Northwoods,਍ഀ pursuant to Article 12-9A, Vail Town Code, to the Vail Town Council. Staff's਍ഀ recommendation is based upon the review of the criteria found in Section VII of this਍ഀ memorandum and the evidence and testimony presented.਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of approval to the Vail Town Council of this proposed amendment, the਍ഀ Community Development Department recommends the Commission pass the following਍ഀ motion:਍ഀ "The Planning and Environmental Commission recommends approval, with਍ഀ conditions, of a major amendment to Special Development District No. 2,਍ഀ Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town਍ഀ Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail਍ഀ Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7,਍ഀ and setting forth details in regard thereto. "਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ amendment, the Community Development Department suggests the following਍ഀ conditions:਍ഀ Design Review.਍ഀ 1. The applicant shall submit revised development plans that illustrate the proposed਍ഀ ski storage lockers setback a minimum of 5 feet from the west property line, prior਍ഀ to the final review of the development plans by the Town of Vail Design Review਍ഀ Board.਍ഀ 2. The applicant shall receive final review and approval of the location of the਍ഀ proposed lockers within the utility easement along the west property line, by the਍ഀ 6਍ഀ utility companies, prior to the final review of the development plans by the Town਍ഀ of Vail Design Review Board.਍ഀ 3. The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of਍ഀ any signs on the property.਍ഀ 4. The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application਍ഀ of a building permit.਍ഀ Building Permit:਍ഀ 5. The applicant shall receive final review and approval of an encroachment਍ഀ agreement for the proposed lockers in the utility easement, by the Eagle River਍ഀ Water and Sanitation District, prior to issuance of a building permit.਍ഀ 6. The applicant shall receive final review and approval of a fire safety plan for any਍ഀ proposed changes or alterations to the fire alarm and fire sprinkler systems, by਍ഀ the Town of Vail Fire Department, prior to issuance of a building permit.਍ഀ 7. The applicant shall receive final review and approval of a revocable right-of-way਍ഀ permit for any landscaping or improvements in the right-of-way, by the Town of਍ഀ Vail Public Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ amendment, the Community Development recommends the Commission makes the਍ഀ following findings:਍ഀ "The Planning and Environmental Commission finds:਍ഀ 1. That the amendment complies with the design criteria, based upon the review਍ഀ outlined in Section Vll of the Staff's April 13, 2009, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 2. That the amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is compatible with the development objectives of the Town, based਍ഀ upon the review outlined in Section VII of the Staffs April 13, 2009,਍ഀ memorandum to the Planning and Environmental Commission; and਍ഀ 3. That the amendment is compatible with and suitable to adjacent uses and਍ഀ appropriate for the surrounding areas, based upon the review outlined in਍ഀ Section Vll of the Staffs April 13, 2009, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 4. That the amendment does promote the health, safety, morals, and general਍ഀ welfare of the Town, and does promote the coordinated and harmonious਍ഀ development of the Town in a manner that conserves and enhances its਍ഀ natural environment and its established character as a resort and residential਍ഀ community of the highest quality, based upon the review outlined in Section਍ഀ Vll of the Staffs April 13, 2009, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ IX. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Plans਍ഀ C. 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I਍ഀ J਍ഀ Q਍ഀ 0਍ഀ Z o਍ഀ z਍ഀ Q਍ഀ W ~਍ഀ ~pwzm਍ഀ x w 0 d਍ഀ Q F ~ N਍ഀ oz~਍ഀ J_ Z਍ഀ OZ N਍ഀ J w਍ഀ ~X਍ഀ fx਍ഀ v਍ഀ Zwm਍ഀ x~਍ഀ ~Z਍ഀ ry~0਍ഀ Z਍ഀ zZ਍ഀ w਍ഀ zoa਍ഀ a਍ഀ m w p਍ഀ Iam਍ഀ ~~03਍ഀ wo਍ഀ Z~਍ഀ ¢0਍ഀ ~O਍ഀ z਍ഀ O਍ഀ U਍ഀ z਍ഀ O਍ഀ U਍ഀ U [਍ഀ z~਍ഀ u਍ഀ Q iv਍ഀ ~~oF N~oF Nz਍ഀ m mw਍ഀ co਍ഀ a਍ഀ tt਍ഀ a਍ഀ Z LU਍ഀ (A E਍ഀ a਍ഀ LZLO# IDWOo ld਍ഀ LS9l80OVN010J 'IIVn਍ഀ ADO 1~~਍ഀ ri਍ഀ W U਍ഀ I- ffi਍ഀ U਍ഀ p਍ഀ r~਍ഀ o਍ഀ k਍ഀ ELKS 3JOR18 98Z f£-J '8 Z-J 'l-J S11N f1਍ഀ LL y਍ഀ v਍ഀ J਍ഀ :਍ഀ W LL਍ഀ o'P਍ഀ J J਍ഀ Q਍ഀ O਍ഀ W਍ഀ N O਍ഀ W਍ഀ F਍ഀ N਍ഀ o m਍ഀ IINON I3a SONId਍ഀ ਍ഀ b਍ഀ CC਍ഀ 'gig਍ഀ Q਍ഀ oo ~o਍ഀ ਍ഀ W- a਍ഀ cn਍ഀ m਍ഀ w਍ഀ u਍ഀ O਍ഀ z਍ഀ Q਍ഀ w਍ഀ Q਍ഀ C~਍ഀ O਍ഀ O਍ഀ m਍ഀ LO਍ഀ wl:਍ഀ w਍ഀ i਍ഀ W Gj m U਍ഀ z਍ഀ z਍ഀ U਍ഀ z ~਍ഀ N਍ഀ J਍ഀ u~ 0਍ഀ N਍ഀ m਍ഀ m਍ഀ O਍ഀ N~਍ഀ LL਍ഀ I਍ഀ Z Q਍ഀ O਍ഀ I਍ഀ / l਍ഀ u਍ഀ w਍ഀ U)਍ഀ xV z਍ഀ 00਍ഀ V ,J Q਍ഀ m ~਍ഀ ~ O਍ഀ O ~਍ഀ ~d਍ഀ n~਍ഀ p U਍ഀ oi z਍ഀ d਍ഀ W਍ഀ J_਍ഀ m਍ഀ z਍ഀ O਍ഀ I-਍ഀ O਍ഀ w਍ഀ Q਍ഀ o਍ഀ ~ I਍ഀ O u਍ഀ D਍ഀ III਍ഀ Q਍ഀ z਍ഀ O਍ഀ U਍ഀ W਍ഀ Q਍ഀ mo਍ഀ ~I਍ഀ U II਍ഀ mCN਍ഀ I i਍ഀ ORDINANCE NO. 10਍ഀ SERIES OF 2009਍ഀ AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991,਍ഀ NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN਍ഀ ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO਍ഀ ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION਍ഀ AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE,਍ഀ BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7;਍ഀ AND SETTING FORTH DETAILS IN REGARD THERETO.਍ഀ WHEREAS, Special Development District No. 2 was established June 4, 1974; and਍ഀ WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to਍ഀ previously approved development plans for Special Development Districts; and਍ഀ WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,਍ഀ Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the਍ഀ proposed lobby addition, locker reconfiguration and site improvements; and਍ഀ WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting਍ഀ recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the਍ഀ proposed amendment to Special Development District No. 2.਍ഀ WHEREAS, the proposed major amendment complies with the design criteria set forth in the਍ഀ Zoning Regulations for amendments to a Special Development District; and਍ഀ WHEREAS, the proposed major amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with਍ഀ the development objectives of the Town; and਍ഀ 1਍ഀ Ordinance No. 10, Series of 2009਍ഀ WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses਍ഀ and appropriate for the surrounding areas; and਍ഀ WHEREAS, the proposed major amendment promotes the health, safety, morals, and general਍ഀ welfare of the Town, and promotes the coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and its established character as a਍ഀ resort and residential community of the highest quality.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with 6tFMkethF9Ugh਍ഀ Section 14 Q.^, c-42.91-Q - Purpose਍ഀ A special development district is established to assure comprehensive development and use of an਍ഀ area in a manner that will be harmonious with the general character of the town, provide adequate਍ഀ open space and recreational amenities, and promote the objectives of the zoning ordinance of the਍ഀ town. Ordinarily a special district will be created only when the development density will be lower than਍ഀ allowed by the existing zoning, an environmental impact report indicates that the special development਍ഀ will not have a substantial negative effect on the Town or its inhabitants, the development is regarded਍ഀ as complementary to the Town by the Town Council, Planning and Environmental Commission, and਍ഀ Design Review Board, and there are significant aspects of the special development which cannot be਍ഀ satisfied under the existing zoning.਍ഀ 2਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 2 1 a,-2a -Established਍ഀ Special Development District No. 2, Northwoods was established under the provisions of the਍ഀ original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District.਍ഀ The development standards for Special Development District No. 2 were established and਍ഀ adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974.਍ഀ Subsequent amendments have been adopted through the following ordinances:਍ഀ • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor਍ഀ arcades as accessory uses.਍ഀ • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage਍ഀ lockers, boulder retaining wall, sidewalk and landscaping.਍ഀ • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration਍ഀ and site improvements at Pinos Del Norte, Building C.਍ഀ rintieR "n file in the effuse "f਍ഀ d਍ഀ the tGWn nle਍ഀ f Per 7਍ഀ and a਍ഀ or਍ഀ F 4 nn n r,਍ഀ Let਍ഀ tien of Tranf~਍ഀ e66਍ഀ 6aid਍ഀ YeRth Filin਍ഀ il Vill਍ഀ S਍ഀ V਍ഀ et਍ഀ OFt਍ഀ OR te਍ഀ p਍ഀ ~਍ഀ s਍ഀ >਍ഀ heF GGnta*R'R਍ഀ 5਍ഀ 77-4਍ഀ >਍ഀ P਍ഀ g,਍ഀ a਍ഀ age਍ഀ e਍ഀ .਍ഀ g਍ഀ g਍ഀ .਍ഀ e਍ഀ shall be਍ഀ 49F E)਍ഀ eR਍ഀ r਍ഀ e਍ഀ P਍ഀ and਍ഀ spa਍ഀ e, >਍ഀ the 7.643 .+nreG hall he Feferred਍ഀ the਍ഀ fe as °SBD਍ഀ -਍ഀ Pfe. 2." /Ilrr! 6(4-9it\਍ഀ >਍ഀ 3਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 3 18.42.03Q -Development Plan Adopted਍ഀ The following documents comprise the development plan for Special Development District No. 2,਍ഀ Northwoods:਍ഀ 1. The development plan of Vail Associates, Inc., for its Northwoods development. The਍ഀ development plan includes but is not limited to the following data:਍ഀ a. The environmental impact report, which was submitted to the zoning administrator in਍ഀ accordance with Chapter 18.56;਍ഀ b. Existing and proposed contours after grading and site development having contour਍ഀ intervals of not more than two feet where the average slope on the site is twenty-five਍ഀ percent or less, and contour intervals of not more than five feet where the average਍ഀ slope on the site is greater than twenty-five percent. Supplemental documentation of਍ഀ proposed contours shall be submitted to the zoning administrator with the plans # or਍ഀ each phase of the development;਍ഀ c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations਍ഀ and dimensions of all buildings and structures, uses therein, and ail principal site਍ഀ development features such as landscaped areas, recreational facilities, pedestrian਍ഀ plazas and walkways, service areas, driveways, and off-street parking and loading਍ഀ areas;਍ഀ d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,਍ഀ showing existing landscape features to be retained or removed, and showing਍ഀ proposed landscaping and landscaped site development features such as outdoor਍ഀ 4਍ഀ Ordinance No. 10, Series of 2009਍ഀ recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water਍ഀ features, and other elements;਍ഀ e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch਍ഀ equals one foot or larger, in sufficient detail to determine gross residential floor area,਍ഀ interior circulation, locations of uses within buildings, and the general scale and਍ഀ appearance of the proposed buildings shall be submitted on a phase basis;਍ഀ f. An architectural model of the site and the proposed development, photographs, at a਍ഀ scale of one inch equals thirty feet or larger, portraying the scale and relationship of਍ഀ the development to the site, and illustrating the form and mass of structures in the਍ഀ development;਍ഀ g. Since phased construction is contemplated, a program must be submitted indicating਍ഀ order and timing of construction phases, phasing of recreational amenities, and਍ഀ proposals for Interim development:਍ഀ 2. The amended Development Plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the਍ഀ construction of the proposed lobby addition, locker reconfiguration and site਍ഀ improvements, according to plans prepared by Fritzlen Pierce Architects, dated April਍ഀ 24, 2009.਍ഀ Section 41942.059 - Permitted Uses਍ഀ The following uses shall be permitted in the SDD No. 2 district:਍ഀ A. A maximum of one hundred thirty-nine dwelling units;਍ഀ 5਍ഀ Ordinance No. 10, Series of 2009਍ഀ B. A maximum of six dwelling units to house onsite management personnel.਍ഀ Section 5 48.42.069 - Conditional Uses਍ഀ The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a਍ഀ conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,਍ഀ Vail Town Code. ChapteF .਍ഀ A. Private clubs and civic, cultural and fraternal organizations;਍ഀ B. Ski lifts and Tows;਍ഀ C. Public buildings, grounds and facilities;਍ഀ D. Public park and recreational facilities.਍ഀ E. Major arcade, so long as it does not have any exterior frontage on any public way, street,਍ഀ walkway, or mall area.਍ഀ Section 6 1 R~ v42.97-0 - Accessory Uses਍ഀ The following accessory uses shall be permitted in the SDD No. 2 district:਍ഀ A. Private underground garages, swimming pools, patios, or recreational facilities customarily਍ഀ incidental to permitted residential uses;਍ഀ B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;਍ഀ C. Home occupations, subject to issuance of a home occupation permit in accordance with the਍ഀ provisions of Section 12-14-12, Home Occupations, Vail Town Code਍ഀ 46-58.190;਍ഀ 6਍ഀ Ordinance No. 10, Series of 2009਍ഀ D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary਍ഀ far the operation thereof.਍ഀ F. Minor arcade.਍ഀ Section 7 1 R_42.080 - Lot Area and Site Dimensions਍ഀ Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey)਍ഀ Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey)਍ഀ Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet਍ഀ Section 81 9.^~ X90- Setbacks਍ഀ The required setbacks shall be as indicated in the development plan, orbsi~4g a minimum of ten feet.਍ഀ Section 9 19.42.400- Distance Between Buildings਍ഀ The minimum distances between all structures shall be as indicated in the development plan, being a਍ഀ minimum of thirty feet.਍ഀ Section 1011 8.^~ v-42.1 T0- Height਍ഀ The maximum height of buildings shall be forty-five feet.਍ഀ Section 11118.^-rv42.120 Density਍ഀ 7਍ഀ Ordinance No. 10, Series of 2009਍ഀ The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall਍ഀ not exceed one hundred seventy-five thousand square feet.਍ഀ Section 121 8.42.130 Building Bulk਍ഀ The maximum length of any wall of a building face shall be one hundred seventy-five feet with a਍ഀ minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in਍ഀ the same plane between any two corners of a building shall be two hundred਍ഀ twenty-five feet.਍ഀ Section 13 1 8.42.14- Site Coverage਍ഀ Not more than twenty-five percent of the total site area may becovered by buildings.਍ഀ Section 141 8.^~ -~vc- Open Space਍ഀ A. Useable open space for dwelling units shall be required as indicated in the development਍ഀ plan, but in no case shall the useable open space requirements be less than as follows:਍ഀ 1. A minimum of one square foot of useable open space for each four feet of gross residential floor਍ഀ area;਍ഀ 2. Not less than one hundred fifty square feet of useable open space shall be provided for each਍ഀ dwelling unit.਍ഀ B. Useable open space may be common space accessible to more than one dwelling unit, or private਍ഀ space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the਍ഀ 8਍ഀ Ordinance No. 10, Series of 2009਍ഀ required useable open space shall be provided at ground level, exclusive of required front setback਍ഀ areas.਍ഀ C. At least seventy-five percent of the required ground-level useable open space shall be common਍ഀ space. The minimum dimension of any area qualifying as ground level useable open space shall be਍ഀ ten feet.਍ഀ D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies਍ഀ or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open਍ഀ space shall be five feet, and any such area shall contain at least fifty square feet.਍ഀ Section 15118.^,v-42.160 Landscaping and Site Development਍ഀ A. At least sixty percent of the total site area shall be landscaped as provided in the development਍ഀ plan.਍ഀ B. Within any area exempted from onsite parking and/or loading requirements, property owners or਍ഀ applicants shall be required to contribute to the town parking fund, established by this section for the਍ഀ purpose of meeting the demand and requirements for vehicle parking. At such time as any property਍ഀ owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area਍ഀ which would require parking and/or loading areas, the owner or applicant shall pay to the town the਍ഀ parking fee required in this section prior to the issuance of a building permit far said development or਍ഀ redevelopment.਍ഀ 1. The parking fund established in this section shall receive and disburse funds for file purpose of਍ഀ conducting parking studies or evaluations, construction of parking facilities, the maintenance of਍ഀ 9਍ഀ Ordinance No. 10, Series of 2009਍ഀ parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative਍ഀ services relating to parking.਍ഀ 2. The parking tee to be paid by any owner or applicant shall be determined by the town council;਍ഀ provided in the event shall it be less than one thousand dollars per space, and in addition, that਍ഀ owners or applicants similarly situated shall be treated equally in any payer's funds are not used by਍ഀ the town for one of the purposes specified in subdivision within five years from the date of payment,਍ഀ the unused portion of the funds shall be returned to the payer upon his application.਍ഀ 3. In accounting far the funds expended from the parking fund, the finance department shall use a਍ഀ first in/first out rule.਍ഀ 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a਍ഀ special or general improvement district Is formed and assessments levied for the purpose of paying਍ഀ for parking improvements, the payer shall be credited against the assessment with the amount਍ഀ previously paid.਍ഀ Section 1618.", 'Q Parking and Loading਍ഀ A. The quantity of off-street parking and loading facilities shall be provided in accordance with਍ഀ Section 12-10, Off Street Parking and Loading, Vail Town Code. GhapteF 18.~~.਍ഀ At least eighty-five percent of the required parking shall be located within the main building or਍ഀ buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and਍ഀ screened from view; and provided, further, that no required parking shall be exposed surface parking਍ഀ unless such is necessary and approval therefore is attained from the planning commission.਍ഀ G. No parking or loading area shall be located in any required front setback area,਍ഀ 10਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 17 Conditions of Approval਍ഀ The following conditions shall apply to the approval of the proposed lobby addition, locker਍ഀ reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce਍ഀ Architects, dated April 24, 2009, located at Pinos Del Norte, Building C:਍ഀ 1. Signs: The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on਍ഀ the property.਍ഀ 2. DRB approval: The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application of a building਍ഀ permit.਍ഀ 3. ERWS Encroachment: The applicant shall receive final review and approval of an਍ഀ encroachment agreement for the proposed lockers in the utility easement, by the Eagle River਍ഀ Water and Sanitation District, prior to issuance of a building permit.਍ഀ 4. Fire Safety. The applicant shall receive final review and approval of a fire safety plan਍ഀ for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the਍ഀ Town of Vail Fire Department, prior to issuance of a building permit.਍ഀ 5. Revocable ROW. The applicant shall receive final review and approval of a revocable਍ഀ right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of਍ഀ Vail Public Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ 11਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 18਍ഀ If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to਍ഀ be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and਍ഀ the Town Council hereby declares it would have passed this ordinance, and each part, section,਍ഀ subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,਍ഀ sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 19਍ഀ The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the਍ഀ effective date hereof, any prosecution commenced, nor any other action or proceeding as਍ഀ commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of਍ഀ any provision hereby shall not revive any provision or any ordinance previously repeated or਍ഀ superseded unless expressly stated herein.਍ഀ Section 20਍ഀ All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to਍ഀ the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order,਍ഀ resolution or ordinance, or part thereof, theretofore repealed.਍ഀ 12਍ഀ Ordinance No. 10, Series of 2009਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN਍ഀ FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the਍ഀ Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building,਍ഀ Vail, Colorado.਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ Richard Cleveland, Mayor਍ഀ 13਍ഀ Ordinance No. 10, Series of 2009਍ഀ P਍ഀ VAIL TOWN COUNCIL਍ഀ WORK SESSION AGENDA W!਍ഀ FiXi਍ഀ VAIL TOWN COUNCIL CHAMBERS਍ഀ 75 S. Frontage Road W.਍ഀ Vail, CO 81657਍ഀ 9:00 A.M., MAY 5, 2009਍ഀ NOTE: Times of items are approximate, subject to change, and cannot be relied਍ഀ upon to determine at what time Council will consider an item.਍ഀ S'/TLG~ Public comments on work session item may be solicited by the Town਍ഀ f 17' . uncil O਍ഀ J 1 Co਍ഀ 1. ITEM/TOPIC: Interview and appoint one member to the Vail Local Housing਍ഀ Authority (VLHA) board. (20 min.)਍ഀ r~ `Sk਍ഀ PRESENTER(S): Lorelei Donaldson਍ഀ 1 koy, ACTION REQUESTED OF COUNCIL: Please interview the VLHA applicants at਍ഀ STAFF RECOMMENDATION: Interview all applicants for the VLHA vacancy.਍ഀ ITEM/TOPIC: Vail Local Licensing Authority (VLLA) vacancy appointment਍ഀ approvals. (10 min.)਍ഀ PRESENTER(S): Lorelei Donaldson਍ഀ ACTION REQUESTED OF COUNCIL: Interview two applicants for the vacancies਍ഀ on the VLLA board.਍ഀ BACKGROUND: All applicants to the VLLA must be citizens of the United States,਍ഀ qualified electors of the Town of Vail, and have resided in the Town of Vail for not਍ഀ less than two years preceding appointment, and shall have no direct financial਍ഀ the work session and appoint one applicant to the VLHA (term expires May 31,਍ഀ 2014) at the evening meeting.਍ഀ BACKGROUND: Applicants must be full-time, year-round residents of਍ഀ j~ EagleCounty who either are residents of the Town of Vail or work for a business਍ഀ holding a Town of Vail business license. Authority members must have a proven਍ഀ ability to be an effective advocate for a full range of housing projects and be able਍ഀ to promote a vision for local employee housing that has been approved by the਍ഀ majority of the Authority. The role of Authority members is to act as Board of਍ഀ Directors for the business of the Vail Local Housing Authority. The duties may਍ഀ include Budget Approval, Adopting Policies, Advocacy, Staff Oversight, Strategic਍ഀ and Long-Term Planning, Setting Development and Acquisition Parameters and਍ഀ potentially managing the existing Town of Vail deed-restricted housing਍ഀ inventories. Technical experience in one of the following areas is also desirable:਍ഀ Financing of Large Projects, Development, Construction/Construction਍ഀ Management, Planning, Design, or Legal. The Town received four਍ഀ (4) applications. The applicants are: Scott Ashburn, Jason Hartman, Ethan Moore*਍ഀ ("Incumbent board member) Pamela Hopkins.਍ഀ be਍ഀ interest in any license to sell alcoholic beverages or any location having any such਍ഀ license. Duties of the five-member board include review of all Town of Vail liquor਍ഀ license applications. There are currently three vacancies on the VLLA. The Town਍ഀ received two (2) applications for the vacancies. The Council needs to interview the਍ഀ applicants at the work session and then make the appointments to the VLLA at the਍ഀ evening meeting. The applicants are: Mark Conlin,* Kevin (KJ) Williams,*਍ഀ *Incumbent board members. Please note KJ was appointed the LLA at the March਍ഀ 17th town council meeting for a two (2) month period to replace the vacancy਍ഀ created by Connie Knight.਍ഀ STAFF RECOMMENDATION: Interview two people for the VLLA board਍ഀ vacancies. The Town Clerk will re-publish to fill the one vacancy left on the board਍ഀ (Bryant Roth did not renew as he is moving out of town.)਍ഀ 3. ITEM/TOPIC: Site Visit. 2657 Arosa Drive (commonly known as the A-਍ഀ Frame). (30 min.)਍ഀ PRESENTER(S): Nina Timm਍ഀ 4. ITEM/TOPIC: Site Visit. Discussion of the First Reading of Ordinance No. 10,਍ഀ Series of 2009 adopting a major amendment to Special Development District No.਍ഀ 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail਍ഀ Town Code, to allow for a lobby addition and locker reconfiguration; located at 600਍ഀ Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7,਍ഀ and setting forth details in regard thereto. (PEC090009) (20 min.)਍ഀ PRESENTER(S): Nicole Peterson਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or਍ഀ deny Ordinance No. 10, Series of 2009 on First Reading.਍ഀ BACKGROUND: The proposed lobby addition and locker reconfiguration trigger a਍ഀ major amendment requirement under Section 12-9A-2, Vail Town Code; because਍ഀ the proposed lobby addition expands the existing building footprint more than five਍ഀ feet, and the lockers were originally built under a major amendment (Ordinance਍ഀ No. 33, Series of 1991).਍ഀ STAFF RECOMMENDATION: On April 13, 2009 the the Planning and਍ഀ Environmental Commission forwarded a recommendation of approval,਍ഀ with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009, by a਍ഀ vote of 4-0-1 (Kjesbo recused).਍ഀ 5. ITEM/TOPIC: Site Visit. Discussion of First reading of Ordinance No. 12,਍ഀ Series of 2009, an ordinance establishing Special Development District No.਍ഀ 41, the Vail Row Houses, pursuant to Article 12-9A, Special Development਍ഀ (SDD) District, Vail Town Code, and setting forth details in regard thereto.਍ഀ (PEC080074) (30 min.)਍ഀ PRESENTER(S): Bill Gibson਍ഀ N਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or਍ഀ deny Ordinance No. 12, Series of 2009, on first reading.਍ഀ L਍ഀ BACKGROUND: On April 13, 2009, the Planning and Environmental Commission਍ഀ voted 5-0-0 to forward a recommendation of approval to the Town Council for਍ഀ establishment the proposed special development district.਍ഀ STAFF RECOMMENDATION: The Planning and Environmental Commission਍ഀ recommends that the Town Council approves, on first reading, Ordinance No. 12,਍ഀ Series of 2009, an ordinance establishing Special Development District No. 41, the਍ഀ Vail Row Houses, pursuant to Article 12-9A, Special Development (SDD) District,਍ഀ Vail Town Code, and setting forth details in regard thereto.਍ഀ 6. ITEM/TOPIC: PEC/DRB Update. (15 min.)਍ഀ PRESENTER(S): Warren Campbell਍ഀ 7. ITEM/TOPIC: Vail Transportation Master Plan approval and discussion਍ഀ regarding prioritization and implementation schedule. (45 min.)਍ഀ PRESENTER(S): Tom Kassmel/Greg Hall਍ഀ ACTION REQUESTED OF COUNCIL: Listen and provide feedback on the਍ഀ presentation made by staff.਍ഀ BACKGROUND: On April 27, 2009, the Town of Vail Planning and Environmental਍ഀ Commission voted 6-0-0 to forward a recommendation of approval for the਍ഀ proposed amendments. Staff will discuss the changes that have been incorporated਍ഀ in the Master Plan since the draft was submitted to Council on 3/19 and discuss਍ഀ the adoption of the Master Plan by resolution. In addition, staff will present a਍ഀ proposed prelimininary implementation plan of the proposed Master Plan's਍ഀ improvements.਍ഀ STAFF RECOMMENDATION: Listen and provide feedback on the presentation਍ഀ 9made by staff.਍ഀ r /'fir਍ഀ l~V਍ഀ 8. ITEM/TOPIC: A work session to discuss parking requirements in the Housing (H)਍ഀ District. (30 min.)਍ഀ PRESENTER(S): Nina Timm/ Nicole Peterson਍ഀ ACTION REQUESTED OF COUNCIL: Direct Staff to either proceed with the਍ഀ proposed amendments, proceed with changes to the proposed amendments, or਍ഀ withdraw.਍ഀ BACKGROUND: At the direction of the Vail Town Council and the Vail Local਍ഀ Housing Authority the Community Development Department has prepared਍ഀ amendments to the parking requirements in the Housing (H) zone district. The਍ഀ purpose of the amendments is to create predictable, quantifiable and enforceable਍ഀ policies that replace discretionary review with a more predictable process that਍ഀ eliminates confusion and delays in the review process for the Town and the਍ഀ developer.਍ഀ On March 17, 2009, Town Council tabled Ordinance No. 3, Series of 2009, to the਍ഀ April 21, 2009, Town Council meeting and requested further information. Due to਍ഀ schedule conflicts the item was moved to the May 5, 2009, Town Council meeting.਍ഀ STAFF RECOMMENDATION: On February 9, 2009, the Planning and਍ഀ Environmental Commission held a meeting to forward a recommendation to the਍ഀ Vail Town Council for Ordinance No. 3, Series of 2009. No formal਍ഀ recommendation was forwarded, due to the motion to approve, resulting in a tie਍ഀ vote (3-3-OProper, Kjesbo and Tjossem opposed).਍ഀ 9. ITEM/TOPIC: Plat Right of Way (ROW) through town owned lands for਍ഀ existing roads (20 min.)਍ഀ PRESENTER(S): Tom Kassmel਍ഀ ACTION REQUESTED OF COUNCIL: Direct staff to plat ROW for existing roads਍ഀ that cross through town owned lands.਍ഀ BACKGROUND: The Town of Vail owns, operates, and maintains public roads਍ഀ with no legal ROW across town owned land (tracts). These roads, therefore, do਍ഀ not have the same designation as other roads through town and do not legally਍ഀ provide the appropriate accommodation for the road, public users, and utilities. By਍ഀ designating ROW for these roads, there will be an undeniable road corridor that਍ഀ will provide the necessary accommodations for existing uses and provide਍ഀ boundaries for future road and utility construction.਍ഀ STAFF RECOMMENDATION: Direct staff to plat ROW for existing roads that਍ഀ cross through town owned lands.਍ഀ 10. ITEM/TOPIC: Discussion of First reading of Ordinance No. 11, Series of਍ഀ 2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code,਍ഀ pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town਍ഀ Code, to establish regulations for temporary building banner signs within਍ഀ the Town of Vail, and setting forth details in regard thereto. (10 min.)਍ഀ PRESENTER(S): Rachel Friede਍ഀ ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council਍ഀ approve, approve with modifications, or deny Ordinance No. 11, Series of 2009,਍ഀ upon first reading.਍ഀ BACKGROUND: The applicant, the Vail Valley Foundation, applied for a਍ഀ prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code,਍ഀ in order to facilitate the use of large banners on buildings under construction to਍ഀ advertise community events. On April 13, 2009, the Town of Vail Planning and਍ഀ Environmental Commission made a final recommendation of denial to the Vail਍ഀ Town Council (3-2 vote, with Tjossem and Viele opposed, Pierce and Palladino਍ഀ absent).਍ഀ STAFF RECOMMENDATION: Based upon Staff's review of the criteria outlined in਍ഀ Section V of the Staff memorandum to the PEC dated April 13, 2009, and the਍ഀ evidence and testimony presented, the Community Development Department਍ഀ recommends denial of Ordinance No. 11, Series of 2009.਍ഀ 11. ITEM/TOPIC: Discussion of the Second Reading of Ordinance No.਍ഀ 8, Series of 2009, an ordinance making supplemental appropriations to the਍ഀ Town of Vail General Fund, Capital Projects Fund , Real Estate Transfer਍ഀ Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt਍ഀ Service Fund of the 2009 Budget for the Town of Vail, Colorado; and਍ഀ authorizing the said adjustments as set forth herein; and setting forth details਍ഀ in regard thereto. (30 min.)਍ഀ PRESENTER(S): Kathleen Halloran਍ഀ ACTION REQUESTED OF COUNCIL: Provide input regarding the 2nd਍ഀ supplemental of 2009, Ordinance No. 8, Series of 2009, in preparation for਍ഀ approving the second reading during the evening session.਍ഀ BACKGROUND: To be provided in a separate memo.਍ഀ STAFF RECOMMENDATION: : Staff recommends that the Town Council਍ഀ approves Ordinance No. 8, Series of 2009, upon second reading this evening.਍ഀ 12. ITEM/TOPIC: Discussion of Resolution No. 11, Series 2009, A Resolution਍ഀ Designating Bank Accounts for E-Commerce Transactions for the Town of਍ഀ Vail with Stan Zemler, Pam Brandmeyer, Judy Camp and Jacque Lovato,਍ഀ as the Designated Signers on that Account. Permitted by the Charter of the਍ഀ Town, Ordinances, and the Statutes of the State of Colorado; and Setting਍ഀ Forth Details in Regard Thereto. (5 min.)਍ഀ 13.਍ഀ PRESENTER(S): Judy Camp / Ron Braden਍ഀ ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No.਍ഀ 11, Series of 2009.਍ഀ BACKGROUND: Town wishes to subscribe to an eCourier transaction system਍ഀ that allows electronic recordation of land records with the Eagle County Clerk and਍ഀ Recorder. The eCourier company requires a bank account for automatic withdraws਍ഀ for the recording fee. The Town anticipates the need for additional designated਍ഀ bank accounts to support e-commerce. The Town has the power to designate਍ഀ banks or financial institutions for funds of the Town. The Town wishes to designate਍ഀ opening an additional bank accounts with Firstbank of Vail with Stan Zemler, Pam਍ഀ Brandmeyer, Judy Camp, and Jacque Lovato as signers on this account.਍ഀ STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 11,਍ഀ Series of 2009.਍ഀ ITEM/TOPIC: Discussion of Resolution No. 14, a resolution approving the਍ഀ increased fees in the provision of fire protection services out of town limits;਍ഀ and setting forth details in regard thereto. Increases in other fees as਍ഀ charged by the Fire Department. (5 min.)਍ഀ PRESENTER(S): Judy Camp / Mike McGee਍ഀ ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or਍ഀ deny Resolution No. 14 increasing the fees charged for fire protection services਍ഀ outside of town limits. No formal action is required on other fees, which are਍ഀ presented for Town Council's review before implementation.਍ഀ BACKGROUND: Town Council has asked for a review of fees charged for town਍ഀ services to assure the town's costs are recovered. Fees for fire protection service਍ഀ contracts were last updated in 1991 and clearly do not recover the town's਍ഀ costs. Other fees administered by the Fire Department were last increased in 2003਍ഀ and also do not recover the town's costs. The proposed fee schedule increases਍ഀ fees to a level appropriate for 2009.਍ഀ t~਍ഀ 14਍ഀ STAFF RECOMMENDATION: Approve Resolution No. 14 as presented.਍ഀ ITEM/TOPIC: Information Update.਍ഀ --The Board of County Commissioners is extending a friendly competition to਍ഀ other municipalities in the county to solicit food donation (either cash or਍ഀ canned/dry goods) for the afternoon or early evening on Friday, May 29th,਍ഀ to buoy up the food reserves for the needy in Eagle County. Is the Council਍ഀ interested in participating?਍ഀ Administration.਍ഀ Thursday, August 20 Donovan Park, sponsored by Community਍ഀ Development, Police.਍ഀ --Council will recall the Community Picnics have been reduced this year਍ഀ from three to two. The following have been scheduled for this coming਍ഀ summer:਍ഀ Thursday, July 23 Bighorn Park, sponsored by Public Works, Fire,਍ഀ --H1 N1 (Swine Flu) Update. (15 min.)਍ഀ 15. ITEM/TOPIC: Matters from Mayor & Council. (15 min.)਍ഀ 16. ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)਍ഀ (e) - to discuss the purchase, acquisition, lease, transfer, or sale of property਍ഀ interests; to receive legal advice on specific legal questions; and to਍ഀ determine positions, develop a strategy and instruct negotiators, Re: Timber਍ഀ Ridge Redevelopment; 2) C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the਍ഀ purchase, acquisition, lease, transfer, or sale of property interests; and to਍ഀ receive legal advice on specific legal questions; and to determine positions,਍ഀ develop a strategy and instruct negotiators, Re: Skier Drop-Off Easement਍ഀ Agreement for the North Day Lot. (40 min.)਍ഀ PRESENTER(S): Matt Mire਍ഀ 17. ITEM/TOPIC: Adjournment. (3:20 p.m.)਍ഀ NOTE UPCOMING MEETING START TIMES BELOW:਍ഀ (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)਍ഀ THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL਍ഀ BEGIN AT TBD, TUESDAY, MAY 19 IN THE VAIL TOWN COUNCIL਍ഀ CHAMBERS.਍ഀ PLANNING AND ENVIRONMENTAL COMMISSION਍ഀ April 13, 2009਍ഀ 1:OOpm਍ഀ TOWN tTY's਍ഀ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME਍ഀ 75 S. Frontage Road - Vail, Colorado, 81657਍ഀ MEMBERS PRESENT MEMBERS ABSENT਍ഀ Swearing in by Loreli Donaldson਍ഀ Training - Matt Mire, Town Attorney਍ഀ Site Visits:਍ഀ 1. Brennan Residence - 1838 Sierra Trail਍ഀ 2. Vail Row Houses - 303 Gore Creek Drive਍ഀ 3. Pinos del Norte - 600 Vail Valley Drive਍ഀ 4. Golf Course Pump House - 1980 South Frontage Road East਍ഀ 2਍ഀ 3.਍ഀ 45 minutes਍ഀ 45 minutes਍ഀ A request for a final recommendation to the Vail Town Council for the establishment of a new਍ഀ special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail਍ഀ Town Code, located at 303 Gore Creek Drive, Units 7 through14 (Vail Rowhouses)/Lots 7਍ഀ through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074)਍ഀ Applicant: Christopher Galvin, represented by K.H. Webb Architects਍ഀ Planner: Bill Gibson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 45 minutes਍ഀ A request for a final recommendation to the Vail Town Council for prescribed regulations਍ഀ amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,਍ഀ Prescribed Regulations Amendment, Vail Town Code, to establish regulations for building wrap਍ഀ signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006)਍ഀ Applicant: Vail Valley Foundation਍ഀ Planner: Rachel Friede਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE਍ഀ 20 minutes਍ഀ A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site Coverage,਍ഀ Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the front਍ഀ setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1. (PEC090008)਍ഀ Applicant: John Brennan, represented by LKSM Design, P.C.਍ഀ Planner: Bill Gibson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ Page 1਍ഀ 30 minutes਍ഀ 4. A request for a recommendation to the Vail Town Council on a proposed major amendment to਍ഀ Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special਍ഀ Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration;਍ഀ located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing਍ഀ 7, and setting forth details in regard thereto. (PEC090009)਍ഀ Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects਍ഀ Planner: Nicole Peterson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 20 minutes਍ഀ 5. A request for a final review of a conditional use permit, pursuant to Section 12-813-3, Conditional਍ഀ Uses, Vail Town Code, to allow for the construction of an accessory building (irrigation pump਍ഀ house) at the Vail Golf Course, located at 1980 South Frontage Road East/Unplatted, and਍ഀ setting forth details in regard thereto. (PEC090010).਍ഀ Applicant: Vail Recreation District਍ഀ Planner: Bill Gibson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 60 minutes਍ഀ 6. A request for a work session to discuss the adoption of amendments to the Vail Transportation਍ഀ Master Plan, and setting forth details in regard thereto. (PEC090005)਍ഀ Applicant: Town of Vail, represented by Tom Kassmel਍ഀ Planner: Bill Gibson਍ഀ ACTION:਍ഀ MOTION: SECOND: VOTE:਍ഀ 5 minutes਍ഀ 7. A request for a final review of a preliminary plan for a major subdivision, pursuant to Chapter 13-਍ഀ 3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment਍ഀ of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and਍ഀ 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a਍ഀ complete legal description is available for inspection at the Town of Vail Community਍ഀ Development Department), and setting forth details in regard thereto. (PEC080062)਍ഀ Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC਍ഀ Planner: Warren Campbell਍ഀ ACTION: Table to June 8, 2009਍ഀ MOTION: SECOND: VOTE:਍ഀ 5 minutes਍ഀ 8. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional਍ഀ Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow਍ഀ for the development of a public or private parking lot (parking structure); a vehicle maintenance,਍ഀ service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West਍ഀ Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South਍ഀ Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for਍ഀ inspection at the Town of Vail Community Development Department), and setting forth details in਍ഀ regard thereto. (PEC080063)਍ഀ Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC਍ഀ Planner: Warren Campbell਍ഀ ACTION: Table to June 8, 2009਍ഀ MOTION: SECOND: VOTE:਍ഀ Page 2਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: April 13, 2008਍ഀ SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major਍ഀ amendment to Special Development District No. 2, Northwoods, pursuant to਍ഀ Article 12-9(A), Special Development District, Vail Town Code, to allow for a਍ഀ lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos਍ഀ Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth਍ഀ details in regard thereto. (PEC090009)਍ഀ Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen਍ഀ Pierce Architects਍ഀ Planner: Nicole Peterson਍ഀ 1. SUMMARY਍ഀ The Applicant, Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce਍ഀ Architects, has requested a major amendment to Special Development District (SDD)਍ഀ No. 2, Northwoods, to allow for a lobby addition and locker reconfiguration; located at਍ഀ 600 Vail Valley Drive (Pinos Del Norte).਍ഀ Staff is recommending approval, with conditions of the major amendment to SDD No.਍ഀ 2, Northwoods, based upon the criteria and findings found in Section VII of this਍ഀ memorandum.਍ഀ II. DESCRIPTION OF THE REQUEST਍ഀ This is a major amendment to SDD No. 2, Northwoods, which requires a਍ഀ recommendation by the Planning and Environmental Commission and an ordinance਍ഀ review and approval by Town Council. The applicant is proposing the following਍ഀ improvements to the Pinos Del Norte building and property:਍ഀ • Common lobby addition (280 sf)਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 sf)਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ The proposed lobby addition and locker reconfiguration trigger a major amendment਍ഀ requirement under Section 12-9A-2, Vail Town Code; because the proposed lobby਍ഀ addition expands the existing building footprint more than five feet, and the lockers were਍ഀ originally built under a major amendment (Ordinance No. 33, Series of 1991). No਍ഀ additional GRFA is proposed; as the additions are 'common space' as referenced in਍ഀ Section 12-15-3(B)(1)(a) Common Spaces, Vail Town Code.਍ഀ IV.਍ഀ V.਍ഀ BACKGROUND਍ഀ Special Development District (SDD) No. 2, Northwoods, was adopted by Ordinance No.਍ഀ 6, Series of 1974. The Pinos Del Norte (Building C) and property is part of SDD No. 2,਍ഀ however it is managed by a separate homeowner's association from the Northwoods਍ഀ Condominiums (Buildings A, B, D, E, and F). SDD No. 2 has been amended two times਍ഀ since its inception including the following:਍ഀ 1. Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and਍ഀ minor arcades as accessory uses.਍ഀ 2. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage਍ഀ lockers, boulder retaining wall, sidewalk and landscaping.਍ഀ ROLES OF THE REVIEWING BOARDS਍ഀ Planning and Environmental Commission (PEC):਍ഀ The PEC shall review the Major Amendment to a Special Development District pursuant਍ഀ to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The਍ഀ Planning and Environmental Commission may recommend approval of the਍ഀ amendment, may recommend approval with such conditions as it deems਍ഀ necessary to accomplish the purpose of this title, or may recommend denial of the਍ഀ amendment.਍ഀ Town Council:਍ഀ The Town Council shall consider but shall not be bound by the recommendation of the਍ഀ Planning and Environmental Commission. The Town Council shall approve, approve਍ഀ with conditions or deny the proposed amendment by ordinance, pursuant to criteria set਍ഀ forth in Section 12-9A-8: Design Criteria and Necessary Findings.਍ഀ APPLICABLE PLANNING DOCUMENTS਍ഀ Section 12-9A: Special Development (SDD) District਍ഀ 12-9A-1: PURPOSE. The purpose of the special development district is to encourage਍ഀ flexibility and creativity in the development of land in order to promote its most਍ഀ appropriate use; to improve the design character and quality of the new development਍ഀ with the town; to facilitate the adequate and economical provision of streets and਍ഀ utilities; to preserve the natural and scenic features of open space areas; and to਍ഀ further the overall goals of the community as stated in the Vail comprehensive plan.਍ഀ 12-9A-2: DEFINITIONS (in part)਍ഀ Major Amendment: Any proposal to change uses; increase gross residential਍ഀ floor area; change the number of dwelling or accommodation units; modify,਍ഀ enlarge or expand any approved special development district (other than `minor਍ഀ amendments' as defined in this section).਍ഀ Minor Amendment: Modifications to building plans, site or landscape plans that਍ഀ do not alter the basic intent and character of the approved special development਍ഀ district, and are consistent with the design criteria of this article. Minor਍ഀ 2਍ഀ amendments may include, but not be limited to, variations of not more than five਍ഀ feet (5) to approved setbacks and/or building footprints.਍ഀ VI਍ഀ VII.਍ഀ ZONING AND LAND USE਍ഀ Zoning: Special Development District No. 2 and underlying High਍ഀ Density Multiple Family (HDMF) District਍ഀ Land Use Plan Designation: Medium Density Residential਍ഀ Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet਍ഀ Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet਍ഀ (Northwoods 1999 survey & Pinos Del Norte 2005 survey)਍ഀ The following standards are for the entire SDD No. 2਍ഀ Development Standard਍ഀ Allowed/Reg.*਍ഀ Exist/Approved਍ഀ Proposed਍ഀ Min.਍ഀ Setbacks**:਍ഀ North:਍ഀ 10'਍ഀ 12' (Bldg C)਍ഀ No change਍ഀ South:਍ഀ 10'਍ഀ 23' (Bldg F)਍ഀ No change਍ഀ East:਍ഀ 10'਍ഀ 27' (Bldg F)਍ഀ No change਍ഀ West:਍ഀ 10'਍ഀ 5' (lockers)਍ഀ 2'਍ഀ Max.਍ഀ Building Height:਍ഀ 45 feet਍ഀ 2-5 stories਍ഀ No change਍ഀ Max.਍ഀ Density:਍ഀ 139 DU***਍ഀ 92 DU਍ഀ No change਍ഀ Max.਍ഀ GRFA:਍ഀ 175,000 sf਍ഀ 154,638.8 sf਍ഀ No change਍ഀ Max.਍ഀ Site Coverage:਍ഀ 25%਍ഀ 24.4% (61,506 sf)਍ഀ 24.6% (61,869)਍ഀ (363 sf proposed)਍ഀ Min.਍ഀ Landscape Area:਍ഀ 60%਍ഀ 62.6%਍ഀ 62.4%਍ഀ (545 sf proposed)਍ഀ Min.਍ഀ Open Space:਍ഀ 38,659.7****਍ഀ 157,629਍ഀ 157,084਍ഀ * The allowed or required development standards were gathered from Ordinance No. 33, Series of 1991਍ഀ and are not proposed to change in the draft Ordinance No. 10, Series of 2009.਍ഀ Setbacks are measured from property line to exterior walls at the closest point and are applied to the਍ഀ perimeter of SDD No. 2. Existing setback measurements were gathered from the 1999 topographic site਍ഀ survey of Northwoods and the 2005 topographic site survey of Pinos Del Norte.਍ഀ The original approved development plan for SDD No. 2 included 139 dwelling units, however only 92਍ഀ units were constructed (Additional units were planned for the F building site).਍ഀ The minimum open space required is set forth in Ordinance No. 33, Series of 1991, which states: 1 sq.਍ഀ ft. per 4 sq. ft. of GRFA (Existing = 154,638.8) or 125 sq. ft. per dwelling (Existing = 92). The greater of the਍ഀ two options is the GRFA calculation which resulted in 38,659.7 sq. ft.਍ഀ REVIEW CRITERIA AND FINDINGS਍ഀ Section 12-9A-8, below, outlines the design criteria for Special Development Districts.਍ഀ Staff has responded to each of the criteria as they relate to the proposed improvements਍ഀ at Pinos Del Norte.਍ഀ 3਍ഀ 12-9A-8: DESIGN CRITERIA:਍ഀ The following design criteria shall be used as the principal criteria in evaluating the਍ഀ merits of the proposed special development district. It shall be the burden of the਍ഀ applicant to demonstrate that submittal material and the proposed development plan਍ഀ comply with each of the following standards, or demonstrate that one or more of them is਍ഀ not applicable, or that a practical solution consistent with the public interest has been਍ഀ achieved.਍ഀ A. Design compatibility and sensitivity to the immediate environment,਍ഀ neighborhood and adjacent properties relative to architectural design, scale,਍ഀ bulk, building height, buffer zones, identity, character, visual integrity and਍ഀ orientation.਍ഀ The applicant is proposing to update and remodel the Pinos Del Norte building਍ഀ and site to improve the overall visual character and architectural design of the਍ഀ building and site. The proposed improvements include:਍ഀ • Common lobby addition (280 sf)਍ഀ • Reconfiguration and increase of existing outdoor storage lockers (16 to 20)਍ഀ • Boiler room remodel and addition (14 sf)਍ഀ • Heated pavers and reconfigured sidewalk and patio਍ഀ • Porte cochere (15' x19' roof)਍ഀ • Exterior garage doors, fagade and retaining walls਍ഀ • Landscaping improvements at garage entrance and lobby਍ഀ Staff believes that the general design and character, of the proposed additions are਍ഀ compatible with the existing building and neighborhood and that the additions਍ഀ further the visual integrity of the development. The proposed lobby addition is in a਍ഀ location that is not visible from the public right-of-way, or surrounding properties਍ഀ and the improvements to the vehicle entry area enhances the aesthetics of the਍ഀ site from Vail Valley Drive.਍ഀ Staff is concerned, however with the lack of a `buffer zone,' as identified in this਍ഀ criterion, or setback along the west property line. The applicant is proposing to਍ഀ construct the reconfigured lockers closer to the west property line (2-2.5 feet) than਍ഀ they exist today (5 feet). Therefore, Staff is recommending, through a draft਍ഀ condition, that the applicant revise development plans, prior to final design਍ഀ approval, that illustrate the lockers setback a minimum of 5 feet from the west਍ഀ property line. The reason for the minimum setback is to maintain a more਍ഀ appropriate distance or 'buffer zone' from the adjacent property and not encroach਍ഀ further into the existing 10 foot utility easement, along the west property line.਍ഀ B. Uses, activity and density which provide a compatible, efficient and workable਍ഀ relationship with surrounding uses and activity.਍ഀ Staff believes the proposed uses, activities and density continue to provide a਍ഀ compatible, efficient and workable relationship with surrounding uses and activity.਍ഀ The proposed improvements are meant to increase the usable function of the਍ഀ existing uses and activities and provide an enhanced arrival experience at the਍ഀ vehicular and pedestrian entrances to the site. No additional density (GRFA) is਍ഀ 4਍ഀ proposed because the additions are `common space' as referenced in Section 12-਍ഀ 15-3(B)(1)(a) Common Spaces, Vail Town Code. With no additional GRFA, there਍ഀ is no Inclusionary Zoning (employee housing) mitigation requirement.਍ഀ C. Compliance with parking and loading requirements as outlined in Chapter਍ഀ 12-10 of the Vail Town Code.਍ഀ The proposed improvements do not generate the need for additional parking਍ഀ spaces. The current site is in compliance with the requirements set forth in਍ഀ Chapter 12-10, Vail Town Code. The proposed improvements including the new਍ഀ retaining walls, garage fagade and porte cochere are meant to improve the਍ഀ aesthetics and efficiency of the vehicular entrance to the site.਍ഀ D. Conformity with the applicable elements of the Vail Comprehensive Plan.਍ഀ Staff has reviewed the Town of Vail Land Use Plan and believes the Plan goals਍ഀ listed below are upheld by the proposed additions.਍ഀ 1.0 General Growth/Development਍ഀ 1.1 Vail should continue to grow in a controlled environment, maintaining a਍ഀ balance between residential, commercial and recreational uses to serve਍ഀ both the visitor and the permanent resident.਍ഀ 1.3 The quality of development should be maintained and upgraded਍ഀ whenever possible.਍ഀ 1.12 Vail should accommodate most of the additional growth in existing਍ഀ developed areas (infill areas).਍ഀ E. Identification and mitigation of natural and/or geologic hazards that affect the਍ഀ property on which the special development district is proposed.਍ഀ According to the Official Town of Vail Geologic Hazard Maps, the proposed਍ഀ additions are not located in any geologically sensitive areas or within the 100-year਍ഀ floodplain of Gore Creek or its tributaries.਍ഀ F. Site plan, building design and location and open space provisions designed਍ഀ to produce a functional development responsive and sensitive to natural਍ഀ features, vegetation and overall aesthetic quality of the community.਍ഀ The proposed improvements do not further disturb any natural features or਍ഀ vegetation. The proposed improvements are sensitive to existing trees and਍ഀ landscaping and will improve the aesthetics of the building and site.਍ഀ G. A circulation system designed for both vehicles and pedestrians addressing਍ഀ on and off-site traffic circulation.਍ഀ The applicant is proposing improved pedestrian circulation by proposing heated਍ഀ pavers and new sidewalk/ patio area at the pedestrian entrance. The applicant਍ഀ also plans to improve the vehicle entrance and circulation efficiency by installing a਍ഀ new porte cochere, reconfiguring the dumpster enclosure for improved efficiency਍ഀ 5਍ഀ and generally updating and improving the fagade of the garage entrance area.਍ഀ Staff believes the proposed remodel will improve the pedestrian and vehicle਍ഀ experience on-site and that the proposal has little to no effect on the off-site traffic਍ഀ circulation.਍ഀ H. Functional and aesthetic landscaping and open space in order to optimize਍ഀ and preserve natural features, recreation, views and functions.਍ഀ Landscaping along Vail Valley Drive is being substantially upgraded with the਍ഀ replacement of the existing gabion walls with stone veneer walls, the addition of਍ഀ wrought iron gates and the addition of numerous plants. Staff believes the਍ഀ landscaping plan will preserve and improve the natural appearance of the site.਍ഀ 1. Phasing plan or subdivision plan that will maintain a workable, functional਍ഀ and efficient relationship throughout the development of the special਍ഀ development district.਍ഀ The applicant is proposing to construct the improvements all at once; no phasing is਍ഀ proposed.਍ഀ VIII.਍ഀ STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Planning and਍ഀ Environmental Commission forwards a recommendation of approval, with conditions਍ഀ of the proposed amendment to Special Development District No. 2, Northwoods,਍ഀ pursuant to Article 12-9A, Vail Town Code, to the Vail Town Council. Staff's਍ഀ recommendation is based upon the review of the criteria found in Section VII of this਍ഀ memorandum and the evidence and testimony presented.਍ഀ Should the Planning and Environmental Commission choose to forward a਍ഀ recommendation of approval to the Vail Town Council of this proposed amendment, the਍ഀ Community Development Department recommends the Commission pass the following਍ഀ motion:਍ഀ "The Planning and Environmental Commission recommends approval, with਍ഀ conditions, of a major amendment to Special Development District No. 2,਍ഀ Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town਍ഀ Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail਍ഀ Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7,਍ഀ and setting forth details in regard thereto."਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ amendment, the Community Development Department suggests the following਍ഀ conditions:਍ഀ Design Review.਍ഀ 1. The applicant shall submit revised development plans that illustrate the proposed਍ഀ ski storage lockers setback a minimum of 5 feet from the west property line, prior਍ഀ to the final review of the development plans by the Town of Vail Design Review਍ഀ Board.਍ഀ 2. The applicant shall receive final review and approval of the location of the਍ഀ proposed lockers within the utility easement along the west property line, by the਍ഀ 6਍ഀ utility companies, prior to the final review of the development plans by the Town਍ഀ of Vail Design Review Board.਍ഀ 3. The applicant shall receive final review and approval of a sign permit for any਍ഀ proposed sign, by the Town of Vail Design Review Board, prior to installation of਍ഀ any signs on the property.਍ഀ 4. The applicant shall receive final review and approval of the proposed਍ഀ development plan, by the Town of Vail Design Review Board, prior to application਍ഀ of a building permit.਍ഀ Building Permit:਍ഀ 5. The applicant shall receive final review and approval of an encroachment਍ഀ agreement for the proposed lockers in the utility easement, by the Eagle River਍ഀ Water and Sanitation District, prior to issuance of a building permit.਍ഀ 6. The applicant shall receive final review and approval of a fire safety plan for any਍ഀ proposed changes or alterations to the fire alarm and fire sprinkler systems, by਍ഀ the Town of Vail Fire Department, prior to issuance of a building permit.਍ഀ 7. The applicant shall receive final review and approval of a revocable right-of-way਍ഀ permit for any landscaping or improvements in the right-of-way, by the Town of਍ഀ Vail Public Works Department, prior to issuance of a Certificate of Occupancy.਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ amendment, the Community Development recommends the Commission makes the਍ഀ following findings:਍ഀ "The Planning and Environmental Commission finds:਍ഀ 1. That the amendment complies with the design criteria, based upon the review਍ഀ outlined in Section VII of the Staffs April 13, 2009, memorandum to the਍ഀ Planning and Environmental Commission; and਍ഀ 2. That the amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive਍ഀ Plan and is compatible with the development objectives of the Town, based਍ഀ upon the review outlined in Section VII of the Staffs April 13, 2009,਍ഀ memorandum to the Planning and Environmental Commission; and਍ഀ 3. That the amendment is compatible with and suitable to adjacent uses and਍ഀ appropriate for the surrounding areas, based upon the review outlined in਍ഀ Section Vll of the Staff's April 13, 2009, memorandum to the Planning and਍ഀ Environmental Commission; and਍ഀ 4. That the amendment does promote the health, safety, morals, and general਍ഀ welfare of the Town, and does promote the coordinated and harmonious਍ഀ development of the Town in a manner that conserves and enhances its਍ഀ natural environment and its established character as a resort and residential਍ഀ community of the highest quality, based upon the review outlined in Section਍ഀ Vll of the Staffs April 13, 2009, memorandum to the Planning and਍ഀ Environmental Commission.਍ഀ IX.਍ഀ ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Plans਍ഀ C. 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and਍ഀ WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to਍ഀ previously approved development plans for Special Development Districts; and਍ഀ WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33,਍ഀ Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the਍ഀ proposed lobby addition, locker reconfiguration and site improvements; and਍ഀ WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting਍ഀ recommended to Town Council by a vote of to (approve, approve with conditions਍ഀ or deny) the proposed amendment to Special Development District No. 2.਍ഀ WHEREAS, the proposed major amendment complies with the design criteria set forth in the਍ഀ Zoning Regulations for amendments to a Special Development District; and਍ഀ WHEREAS, the proposed major amendment is consistent with the applicable elements of the਍ഀ adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with਍ഀ the development objectives of the Town; and਍ഀ 1਍ഀ Ordinance No. 10, Series of 2009਍ഀ WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses਍ഀ and appropriate for the surrounding areas; and਍ഀ WHEREAS, the proposed major amendment promotes the health, safety, morals, and general਍ഀ welfare of the Town, and promotes the coordinated and harmonious development of the Town in a਍ഀ manner that conserves and enhances its natural environment and its established character as a਍ഀ resort and residential community of the highest quality.਍ഀ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF਍ഀ VAIL, COLORADO THAT:਍ഀ *All additions are illustrated with bold italics and deletions are illustrated with st#ikethreugh.਍ഀ SeGtiGR 1਍ഀ Ghapter 18.4-2 ^f +h° I\AUnininal Code of the T-Gwn of Vail be repealed and re enaGted as follows:਍ഀ Section 1 18.42.81 - Purpose਍ഀ A special development district is established to assure comprehensive development and use of an਍ഀ area in a manner that will be harmonious with the general character of the town, provide adequate਍ഀ open space and recreational amenities, and promote the objectives of the zoning ordinance of the਍ഀ town. Ordinarily a special district will be created only when the development density will be lower than਍ഀ allowed by the existing zoning, an environmental impact report indicates that the special development਍ഀ will not have a substantial negative effect on the Town or its inhabitants, the development is regarded਍ഀ as complementary to the Town by the Town Council, Planning and Environmental Commission, and਍ഀ Design Review Board, and there are significant aspects of the special development which cannot be਍ഀ satisfied under the existing zoning.਍ഀ 2਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 2 1 ^ 2a -Established਍ഀ Special Development District No. 2, Northwoods was established under the provisions of the਍ഀ original Vail Zoning Code, specifically Chapters 18.02 and 18.6, special development district.਍ഀ The development standards for Special Development District No. 2 were established and਍ഀ adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974.਍ഀ Subsequent amendments have been adopted through the following ordinances:਍ഀ • Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor਍ഀ arcades as accessory uses.਍ഀ • Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage਍ഀ lockers, boulder retaining wall, sidewalk and landscaping.਍ഀ • Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration਍ഀ and site improvements at Pinos Del Norte, Building C.਍ഀ Di irai 1°n} to the pmyisiens of-Cheap਍ഀ «s^18.o2਍ഀ and 18.6fspeG 4 deyelnnmen} d,striGt 2 is cc}ahlished਍ഀ 6aid਍ഀ or਍ഀ S਍ഀ v਍ഀ th Filin਍ഀ V਍ഀ g! Vill਍ഀ t਍ഀ en to਍ഀ eth਍ഀ Fnent਍ഀ te be known as devela਍ഀ eF GGRtainiR਍ഀ 5਍ഀ 774 aGpes਍ഀ p਍ഀ age਍ഀ e਍ഀ en਍ഀ g,਍ഀ a਍ഀ devele਍ഀ F਍ഀ A਍ഀ b਍ഀ ed f਍ഀ .਍ഀ g਍ഀ nent in aG਍ഀ p਍ഀ g਍ഀ .਍ഀ ,਍ഀ 14਍ഀ the਍ഀ QQQ throu਍ഀ h 18਍ഀ 42਍ഀ GGrdaRGe w4h SeGtions 18਍ഀ 4਍ഀ eF਍ഀ p਍ഀ , may਍ഀ e us਍ഀ area਍ഀ ,਍ഀ g਍ഀ .਍ഀ .਍ഀ .਍ഀ .਍ഀ en਍ഀ shall be FeGeFVed fer o਍ഀ p਍ഀ e਍ഀ }thee. 7.643 acres shall be-refeFFed to਍ഀ a6 "SDD਍ഀ Ne. 2." (Ord. 6(197-44਍ഀ 3਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 3 18.42.03Q -Development Plan Adopted਍ഀ The following documents comprise the development plan for Special Development District No. 2,਍ഀ Northwoods:਍ഀ 1. The development plan of Vail Associates, Inc., for its Northwoods development. The਍ഀ development plan includes but is not limited to the following data:਍ഀ a. The environmental impact report, which was submitted to the zoning administrator in਍ഀ accordance with Chapter 18.56;਍ഀ b. Existing and proposed contours after grading and site development having contour਍ഀ intervals of not more than two feet where the average slope on the site is twenty-five਍ഀ percent or less, and contour intervals of not more than five feet where the average਍ഀ slope on the site is greater than twenty-five percent. Supplemental documentation of਍ഀ proposed contours shall be submitted to the zoning administrator with the plans # or਍ഀ each phase of the development;਍ഀ c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations਍ഀ and dimensions of all buildings and structures, uses therein, and ail principal site਍ഀ development features such as landscaped areas, recreational facilities, pedestrian਍ഀ plazas and walkways, service areas, driveways, and off-street parking and loading਍ഀ areas;਍ഀ d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger,਍ഀ showing existing landscape features to be retained or removed, and showing਍ഀ proposed landscaping and landscaped site development features such as outdoor਍ഀ 4਍ഀ Ordinance No. 10, Series of 2009਍ഀ recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water਍ഀ features, and other elements;਍ഀ e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch਍ഀ equals one foot or larger, in sufficient detail to determine gross residential floor area,਍ഀ interior circulation, locations of uses within buildings, and the general scale and਍ഀ appearance of the proposed buildings shall be submitted on a phase basis;਍ഀ f. An architectural model of the site and the proposed development, photographs, at a਍ഀ scale of one inch equals thirty feet or larger, portraying the scale and relationship of਍ഀ the development to the site, and illustrating the form and mass of structures in the਍ഀ development;਍ഀ g. Since phased construction is contemplated, a program must be submitted indicating਍ഀ order and timing of construction 'phases, phasing of recreational amenities, and਍ഀ proposals for Interim development:਍ഀ 2. The amended Development Plan for Special Development District No. 2, Northwoods,਍ഀ specifically the Pinos Del Norte Condominiums (Building C), to allow for the਍ഀ construction of the proposed lobby addition, locker reconfiguration and site਍ഀ improvements, according to plans prepared by Fritzlen Pierce Architects, dated March਍ഀ 2009.਍ഀ Section 4 18.42.950 - Permitted Uses਍ഀ The following uses shall be permitted in the SDD No. 2 district:਍ഀ A. A maximum of one Hundred thiry-nine dwelling units;਍ഀ 5਍ഀ Ordinance No. 10, Series of 2009਍ഀ B. A maximum of six dwelling units to house onsite management personnel.਍ഀ Section 5 19.42.060 - Conditional Uses਍ഀ The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a਍ഀ conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits,਍ഀ Vail Town Code. Chapter 18.60:਍ഀ A. Private clubs and civic, cultural and fraternal organizations;਍ഀ B. Ski lifts and Tows;਍ഀ C. Public buildings, grounds and facilities:਍ഀ D. Public park and recreational facilities.਍ഀ E. Major arcade, so long as it does not have any exterior frontage on any public way, street,਍ഀ walkway, or mall area.਍ഀ Section 6 18.40 - Accessory Uses਍ഀ The following accessory uses shall be permitted in the SDD No. 2 district:਍ഀ A. Private underground garages, swimming pools, patios, or recreational facilities customarily਍ഀ incidental to permitted residential uses;਍ഀ B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area;਍ഀ C. Home occupations, subject to issuance of a home occupation permit in accordance with the਍ഀ provisions of Section 12-14-12, Home Occupations, Vail Town Code਍ഀ 6਍ഀ Ordinance No. 10, Series of 2009਍ഀ D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary਍ഀ far the operation thereof.਍ഀ F. Minor arcade.਍ഀ Section 718.42.90 Setbacks਍ഀ The required setbacks shall be as indicated in the development plan, being a minimum of ten feet.਍ഀ Section 8 18.40 Distance Between Buildings਍ഀ The minimum distances between all structures shall be as indicated in the development plan, being a਍ഀ minimum of thirty feet.਍ഀ Section 9 18.420 Height਍ഀ The maximum height of buildings shall be forty-five feet.਍ഀ Section 1018.^~ 18.42.120 Density਍ഀ The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall਍ഀ not exceed one hundred seventy-five thousand square feet.਍ഀ 7਍ഀ Ordinance No. 10, Series of 2009਍ഀ Section 11 x.42.130 Building Bulk਍ഀ The maximum length of any wall of a building face shall be one hundred seventy-five feet with a਍ഀ minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in਍ഀ the same plane between any two corners of a building shall be two hundred਍ഀ twenty-five feet.਍ഀ Section 12 18.42.140 Site Coverage਍ഀ Not more than twenty-five percent of the total site area may becovered by buildings.਍ഀ Section 13 18.40 Open Space਍ഀ A. Useable open space for dwelling units shall be required as indicated in the development਍ഀ plan, but in no case shall the useable open space requirements be less than as follows:਍ഀ 1. A minimum of one square foot of useable open space for each four feet of gross residential floor਍ഀ area;਍ഀ 2. Not less than one hundred fifty square feet of useable open space shall be provided for each਍ഀ dwelling unit.਍ഀ B. Useable open space may be common space accessible to more than one dwelling unit, or private਍ഀ space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the਍ഀ required useable open space shall be provided at ground level, exclusive of required front setback਍ഀ areas.਍ഀ 8਍ഀ Ordinance No. 10, Series of 2009਍ഀ C. At least seventy-five percent of the required ground-level useable open space shall be common਍ഀ space. The minimum dimension of any area qualifying as ground level useable open space shall be਍ഀ ten feet.਍ഀ D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies਍ഀ or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open਍ഀ space shall be five feet, and any such area shall contain at least fifty square feet.਍ഀ Section 14' 8.^~v- 2.160 Landscaping and Site Development਍ഀ A. At least sixty percent of the total site area shall be landscaped as provided in the development਍ഀ plan.਍ഀ B. Within any area exempted from onsite parking and/or loading requirements, property owners or਍ഀ applicants shall be required to contribute to the town parking fund, established by this section for the਍ഀ purpose of meeting the demand and requirements for vehicle parking. At such time as any property਍ഀ owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area਍ഀ which would require parking and/or loading areas, the owner or applicant shall pay to the town the਍ഀ parking fee required in this section prior to the issuance of a building permit far said development or਍ഀ redevelopment.਍ഀ 1. The parking fund established in this section shall receive and disburse funds for file purpose of਍ഀ conducting parking studies or evaluations, construction of parking facilities, the maintenance of਍ഀ parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative਍ഀ services relating to parking.਍ഀ 9਍ഀ Ordinance No. 10, Series of 2009਍ഀ 2. The parking tee to be paid by any owner or applicant shall be determined by the town council;਍ഀ provided in the event shall it be less than one thousand dollars per space, and in addition, that਍ഀ owners or applicants similarly situated shall be treated equally in any payer's funds are not used by਍ഀ the town for one of the purposes specified in subdivision within five years from the date of payment,਍ഀ the unused portion of the funds shall be returned to the payer upon his application.਍ഀ 3. In accounting far the funds expended from the parking fund, the finance department shall use a਍ഀ first in/first out rule.਍ഀ 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a਍ഀ special or general improvement district Is formed and assessments levied for the purpose of paying਍ഀ for parking improvements, the payer shall be credited against the assessment with the amount਍ഀ previously paid.਍ഀ Section 15 18.42.17Q .17Q Parking and Loading਍ഀ A. The quantity of off-street parking and loading facilities shall be provided in accordance with਍ഀ Section 12-10 Off Street Parking and Loading, Vail Town Code. Chapter 1 8.5'.਍ഀ At least eighty-five percent of the required parking shall be located within the main building or਍ഀ buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and਍ഀ screened from view; and provided, further, that no required parking shall be exposed surface parking਍ഀ unless such is necessary and approval therefore is attained from the planning commission.਍ഀ G. No parking or loading area shall be located in any required front setback area,਍ഀ Section 16਍ഀ 10਍ഀ Ordinance No. 10, Series of 2009਍ഀ If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to਍ഀ be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and਍ഀ the Town Council hereby declares it would have passed this ordinance, and each part, section,਍ഀ subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,਍ഀ sections, subsections, sentences, clauses or phrases be declared invalid.਍ഀ Section 17਍ഀ The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance਍ഀ shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the਍ഀ effective date hereof, any prosecution commenced, nor any other action or proceeding as਍ഀ commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of਍ഀ any provision hereby shall not revive any provision or any ordinance previously repeated or਍ഀ superseded unless expressly stated herein.਍ഀ Section 18਍ഀ All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to਍ഀ the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order,਍ഀ resolution or ordinance, or part thereof, theretofore repealed.਍ഀ 11਍ഀ Ordinance No. 10, Series of 2009਍ഀ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN਍ഀ FULL ON FIRST READING this day of , 2009 and a public hearing for second reading of਍ഀ the Ordinance set for the day of 2009, in the Council Chambers of the Vail Municipal਍ഀ Building, Vail, Colorado.਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ Richard Cleveland, Mayor਍ഀ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of਍ഀ , 2009.਍ഀ Richard D. Cleveland, Mayor਍ഀ Attest:਍ഀ Lorelei Donaldson, Town Clerk਍ഀ 12਍ഀ Ordinance No. 10, Series of 2009਍ഀ TOWN OF PAIL਍ഀ THIS ITEM MAY AFFECT YOUR PROPERTY਍ഀ PUBLIC NOTICE਍ഀ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the਍ഀ Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town਍ഀ Code, on April 13, 2009, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of:਍ഀ A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site਍ഀ Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an਍ഀ addition within the front setback located at 1838 Sierra Trail/Lot 15, Vail Village West਍ഀ Filing 1. (PEC090008)਍ഀ Applicant: John Brennan, represented by LKSM Design, P.C.਍ഀ Planner: Bill Gibson਍ഀ A request for a recommendation to the Vail Town Council on a proposed major਍ഀ amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-਍ഀ 9(A), Special Development District, Vail Town Code, to allow for a lobby addition and਍ഀ locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Lot਍ഀ P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.਍ഀ Lx~6`1 (PEC090009)਍ഀ Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects਍ഀ Planner: Nicole Peterson਍ഀ A request for a final review of a conditional use permit, pursuant to Section 12-813-3,਍ഀ Conditional Uses, Vail Town Code, to allow for the construction of an accessory building਍ഀ (irrigation pump house) at the Vail Golf Course, located at 1980 South Frontage Road਍ഀ East/Unplatted, and setting forth details in regard thereto. (PEC090010).਍ഀ Applicant: Vail Recreation District਍ഀ Planner: Bill Gibson਍ഀ The applications and information about the proposals are available for public inspection਍ഀ during office hours at the Town of Vail Community Development Department, 75 South਍ഀ Frontage Road. The public is invited to attend project orientation and the site visits that਍ഀ precede the public hearing in the Town of Vail Community Development Department.਍ഀ Please call 970-479-2138 for additional information.਍ഀ Sign language interpretation is available upon request, with 24-hour notification. Please਍ഀ call 970-479-2356, Telephone for the Hearing Impaired, for information.਍ഀ Published March 27, 2009, in the Vail Daily਍ഀ Special Development District 7-7਍ഀ ~or਍ഀ Application for Review by the਍ഀ Planning and Environmental Commissi "਍ഀ General Information: This application is required for any proposal involving the establishment of a new special devel-਍ഀ opment district or an amendment to an existing special development district. The purpose of the Special Development਍ഀ District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use;਍ഀ W improve the design character and quality of the new development with the Town; to facilitate the adequate and eco-਍ഀ nomical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further਍ഀ the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Spe-਍ഀ dal Development District, in conjunction with the property's underlying zone district, shall establish the requirements for਍ഀ guiding development and uses of property included in the Special Development District. The Special Development Dis-਍ഀ trict does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex,਍ഀ Primary/Secondary. The Vail Town Code can a found on the Town's website at www.vailgov.com. The proposed pro-਍ഀ ject may also require other permits or applications and/or review by the Design Review Board and/or the Town Council.਍ഀ Fee: _$6000-New SDD਍ഀ $6000-Major Amendment to an SDD਍ഀ _X$1250- Major Amendment to an SDD with no exterior modifications਍ഀ $1000-Minor Amendment to an SDD਍ഀ Description of the Request: -b~ A, 5 -I71 'X1 * ~~'i1 Q I~਍ഀ ilf਍ഀ Physical Address:਍ഀ Parcel Number:਍ഀ Property owner:਍ഀ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Zlvi ve, t+Q _ 001 -਍ഀ Mailing Address: '?0 VOX LveLWk-a t C-D cal1F'g਍ഀ "਍ഀ Phone: 19 7-W y [ y - 7਍ഀ Owner's Signature:਍ഀ Primary Contact/ Owner Representative: 1਍ഀ lTt~ L`~- ~fkn~ld{1"਍ഀ Mailing Address: 0520਍ഀ Phone:਍ഀ E-Mail:਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # A th # edc # l5 X75( P਍ഀ 11 , co Received From: t Z4-u--਍ഀ Fee Paid:਍ഀ Meeting Date: f? PEC No.: tvo-q਍ഀ 2~ Ch਍ഀ Planner:਍ഀ Zoning:਍ഀ - Project No: L& IQ~l -UL-'2਍ഀ Land Use:਍ഀ q-v `b d l਍ഀ Location of the Proposal: Lot: Blodc: Subdivisio਍ഀ ~A਍ഀ JOINT PROPERTY OWNER -਍ഀ WRITTEN APPROVAL LETTER r਍ഀ This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub-਍ഀ ject property. For example, the subject property where construction is occurring is a duplex, condominium or਍ഀ multi-tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the਍ഀ case of a multiple-family dwelling or multi-tenant building, the authority of the association shall complete this਍ഀ form and mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax bD਍ഀ 970.479.2452.਍ഀ I, (print name) _ C~UaP~-- , a joint owner, or authority of the association, of property਍ഀ located at !mil L V kt~ Z7~=~ VJ1 Ln GO 1'ai tp a'3"" ,provide this letter as਍ഀ written approval of the plans dated਍ഀ which have been submitted to the਍ഀ Town of Vail Community Development Departrrient for the proposed improvements to be completed at the ad-਍ഀ dram nntrwi ahnup T tntipmtand that the Dronosed improvements include:਍ഀ Additionally, please check the statement below which is most applicable to you:਍ഀ o I understand that minor modifications may be made to the plans over the course of the review process to en-਍ഀ sure compliance with the Town s applimble codes and reguladons਍ഀ (Initial here)਍ഀ U a I request that all modifications, minor or othermse, which are made to the plans over the course of the re-਍ഀ view process, be brought to my attention by the applccant for additional approval before undergoing further re-਍ഀ view by the Town.਍ഀ (.Triibal here)਍ഀ t5gnaa਍ഀ i਍ഀ YnWiVOFV~਍ഀ JOINT PROPERTY OWNER਍ഀ WRITTEN APPROVAL LETTER਍ഀ This form is applicable to all Design Review applicants that share ownership of the subject property. For exam-਍ഀ ple, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. This਍ഀ form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwell-਍ഀ ing or multi-tenant building, the authority of the association shall complete this form and mail to: Community਍ഀ Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452.਍ഀ I, (print name) ajoint-ewner, or au orityof the association, d property tope.਍ഀ located at (gM VALle . VA1L , LD 8 fiSd- . provide this letter as I਍ഀ written approval of the plans dated Mz1 :EtzD!I which have been submitted to the਍ഀ Town of Vail Community Development Department for the proposed Improvements to be completed at the ad-਍ഀ . ate਍ഀ (Date)਍ഀ Additionally, please check the statement below which is most applicable to you:਍ഀ o I understand that minor modifications may be made to the plans over the course of the review process to en-਍ഀ sure compliance with the Town's applicable codes and regulations.਍ഀ (Initial here)਍ഀ o I request that all modifications, minor or otherwise, which are made to the plans over the course of the re-਍ഀ view process, be brought to my attention by the applicant for additional approval before undergoing further re-਍ഀ view by the Town.਍ഀ L I U, 0,਍ഀ (Initial here)਍ഀ dress noted above. I understand that the proposed improvements include:਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ March, 18, 2009਍ഀ Nicole Peterson, Planner਍ഀ Department of Community Development e਍ഀ Town of Vail i"਍ഀ 75 S. Frontage Road -਍ഀ Vail, CO. 81657਍ഀ Major Amendment to SDD #2 for lobby expansion at Pinos Del Norte.਍ഀ Description of Project:਍ഀ Addition of 282 square feet to existing Common Element Lobby at the south entry to the਍ഀ Pinos Del Norte Condominium and reconstruction and expansion of existing ski lockers that are਍ഀ detached from the Building.਍ഀ Responses to 12-9A-8 Design Criteria: (Responses are in Italics)਍ഀ 1. Compatibility: Design compatibility and sensitivity to the immediate environment,਍ഀ neighborhood and adjacent properties relative to architectural design, scale, bulk, building਍ഀ height, buffer zones, identity, character, visual integrity and orientation. (The proposed਍ഀ addition is a one story high enclosure of a space adjacent to a 4 story facade that is concealed਍ഀ from view in almost all directions)਍ഀ 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable਍ഀ relationship with surrounding uses and activity. (The proposal provides an enhanced pedestrian਍ഀ arrival sequences in all seasons to this existing structure)਍ഀ 3. Parking and Loading: Compliance with parking and loading requirements as outlined in਍ഀ Chapter 10 of this Title. (there is no increase in parking or loading requirements)਍ഀ 4. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan,਍ഀ town policies and urban design plans. (The proposal complies with the following goals of the਍ഀ Comprehensive Plan: 1.3, 1.12, 3.1, 5.1)਍ഀ 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic਍ഀ hazards that affect the property on which the Special Development District is proposed. (The਍ഀ proposal is not in a natural or geographic hazard area)਍ഀ 6. Design Features: Site plan, building design and location and open space provisions designed਍ഀ to produce a functional development responsive and sensitive to natural features, vegetation਍ഀ and overall aesthetic quality of the community. (The proposal complies with this provision)਍ഀ 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off਍ഀ site traffic circulation. (The proposal has no impact on circulation)਍ഀ 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and਍ഀ preserve natural features, recreation, views, and function. (Landscaping along Vail Valley Drive਍ഀ is being substantially upgraded with the replacement of the existing gabion walls with matching਍ഀ stone veneer walls and the addition of numerous plants. Proposed hard landscape area is the਍ഀ same as currently exists)਍ഀ 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional, and਍ഀ efficient relationship throughout the development of the Special development District. (The਍ഀ proposal complies with this provision)਍ഀ FRITZLEN਍ഀ PIERCE਍ഀ PROPOSED MATERIALS਍ഀ iidina Materials਍ഀ Roof਍ഀ Siding਍ഀ Other Wall Materials਍ഀ Fascia਍ഀ soffits਍ഀ S ~ G11} s-਍ഀ Window Trim਍ഀ Doors਍ഀ Door Trim਍ഀ Hand or Deck Rails਍ഀ Flues਍ഀ Flashing਍ഀ Chimneys਍ഀ rr'6*ijvPvirrK sctzc~c-r-l਍ഀ Greenhouses਍ഀ Retaining Walls਍ഀ Exterior Lighting਍ഀ -ether- vmt /i਍ഀ Notes:਍ഀ Type of Material color਍ഀ 5EI~' IF"TV 6਍ഀ vA v1 N/ -I C HA-A,--e __V-tt, ROOF P~--r4 1)਍ഀ 5T-~'HD 1N LT' Sf-Alta Nth t~! Kt• )f- - for- Nfw L.Dto +l.tx 4„r 'CAA ? K਍ഀ P~eoN਍ഀ crop t\,wiz- f t tll਍ഀ N IL~•-਍ഀ Y}"a_਍ഀ W Oc7~਍ഀ -rP') A A A'C'T..-, #-E- l ~.T) LQ-T਍ഀ VPO t- (TQ To MPIZ t Ir:aQl T,਍ഀ Spars. 5705vr਍ഀ 5ff, hFf7_. s hr-VT਍ഀ 771 Im AIGt. art 1 t'<਍ഀ ~T਍ഀ IA-਍ഀ ZtvwC f wiwwrmle 60~A-L'Vo0 T਍ഀ tw-FTA- t ~ p ct"਍ഀ H IFIAT5-1 p ~ 2਍ഀ r•਍ഀ u vfAZ'਍ഀ SGt- PHvrc~਍ഀ Si~ FtAVTD਍ഀ Please specify the manufacturer's name, the color name and number and attach a color chip.਍ഀ PROPOSED LANDSCAPING਍ഀ Botanical Name਍ഀ Common Name਍ഀ Ouantitv਍ഀ RN਍ഀ PROPOSED TREES਍ഀ V70tF~471਍ഀ L-L A-਍ഀ AYN,਍ഀ AND SHRUBS਍ഀ ~t tks, 11J }fVt਍ഀ AL-910 E 60il ~਍ഀ AVM.਍ഀ CoyNUo StlYzl Dr਍ഀ 1234C I, D0Gj L%਍ഀ Dc 1਍ഀ :਍ഀ IXISTING TREES਍ഀ 14਍ഀ TO BE REMOVED਍ഀ Minimum Requirements for Landscaping:਍ഀ Deciduous Trees - 2" Caliper਍ഀ Coniferous Trees - 6' in height਍ഀ Shrubs - 5 Gal.਍ഀ Type਍ഀ GROUND COVER਍ഀ SOD਍ഀ SEED਍ഀ IRRIGATION਍ഀ TYPE OF EROSIC਍ഀ ti /Ar਍ഀ t4 IA.਍ഀ /A-਍ഀ Square Footage਍ഀ A਍ഀ t਍ഀ K਍ഀ Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)਍ഀ NNvmt-s6f -eo tx -vg 12k v -1n t---ZT New vAn+਍ഀ Of- Y V WUiE.`s V ~ -W Azr;r A-,r--, 1'Z.t-1-A, i N I f1J N ; yv I F't਍ഀ K' ! M I79DVV12 ie'-~'C~Art N i i-~ CT' WA14,12 ~਍ഀ EAGLE COUNTY. CO 200902313਍ഀ TEAK J SIMONTON਍ഀ Pga: 10 0420:54PM 0211112009਍ഀ REC= 361.00 OOC: $਍ഀ 11111111111111111111111111111111111111111111਍ഀ LICENSE AND ENCROACHMENTAGREEMENT਍ഀ THIS LICENSE AND ENCROACHMENT AGREEMENT (this "Agreement") is made as of਍ഀ the I±h day of January, 2009, by and between THE VAIL CORPORATION, d/b/a VAIL਍ഀ ASSOCIATES, INC., a Colorado corporation (")A") and PINOS DEL NORTE CONDOMINIUM਍ഀ ASSOCIATION, a Colorado nonprofit corporation (the "Association").਍ഀ RECITALS:਍ഀ A. The Association is comprised of and represent owners of certain real property located਍ഀ south of Vail Valley Drive and east of the VA Land (defined below) in the Town of Vail, County of਍ഀ Eagle, State of Colorado, according to the Condominium Map for Pinos del Norte Condominiums਍ഀ recorded on February 13, 1976 at Reception No. 140852 in Book 244 at Page 690, as amended from਍ഀ time to time (the "Association Property").਍ഀ B. VA is the owner of certain real property located westerly of and adjacent to the਍ഀ Association Property, described as Parcel 1, Golden Peak Ski Base and Recreation District Parcel,਍ഀ according to the plat recorded on January 15, 1987 at Reception No. 352168 in Book 455 at Page਍ഀ 934 (the "VA Land").਍ഀ C. The Association has previously installed, or is the beneficiary of, certain improvements਍ഀ on the VA Land as generally depicted on Exhibit A attached hereto ("Exhibit A") which਍ഀ improvements are located in the hatched area on Exhibit A and consist of the following: a portion਍ഀ of an asphalt walkway used to access the Association Property (the "Asphalt Path"), existing wood਍ഀ fences, trees and other vegetative landscaping (including sod) and a stone stacked wall planter਍ഀ partially on the VA Land and partially on the Association Property (collectively, the "Existing਍ഀ Improvements"). The trees and other vegetative landscaping (including sod) are referred to਍ഀ collectively as the "Landscape Improvements". The hatched area on Exhibit A is hereinafter called਍ഀ the "License Area".਍ഀ D. The Association desires to install a new 6' wide concrete heated walkway [and਍ഀ appurtenances thereto] (the "New Walkway"), to change the grade of the VA Land within a portion਍ഀ of the License Area to accommodate the New Walkway, to remove a portion of the existing wooden਍ഀ fences and install a new wooden fence, to relocate a portion of the Asphalt Path to connect to the਍ഀ New Walkway and to install a new retaining wall with stone veneer, new signage for Pinos del਍ഀ Norte, new stone columns and a new gate (the "New Improvements"), all being on portions of the਍ഀ License Area and all as generally depicted on Exhibit A.਍ഀ E. The Existing Improvements and the New Improvements are hereinafter together called the਍ഀ "Improvements ff.਍ഀ After Recording, return to:਍ഀ Banks & Imatani, P.C.਍ഀ 225 Union Blvd. Suite 310਍ഀ Lakewood, CO 80228਍ഀ F. VA is willing to permit the Improvements on the License Area subject to the terms਍ഀ and conditions of this Agreement.਍ഀ NOW, THEREFORE, in consideration of the Recitals, the mutual promises contained herein਍ഀ and other good and valuable consideration, the receipt and sufficiency of which are hereby਍ഀ acknowledged, the parties agree as follows:਍ഀ 1. VA hereby grants an exclusive license over the License Area (the "License") as਍ഀ necessary for the encroachment of and the installation, existence, use (including without limitation਍ഀ for access, ingress and egress to and from the Association Property), replacement, maintenance and਍ഀ repair of the Improvements (the "Improvements Activities"), all in accordance with and subject to਍ഀ the provisions of this Agreement. VA and the Association hereby acknowledge and agree that VA਍ഀ has no obligation to monitor, and will not monitor, the Improvements on the License Area with਍ഀ respect to the exclusive use by the Association and the Association Permittees (defined below). The਍ഀ Association will be solely responsible for such monitoring and enforcement thereof, if any.਍ഀ 2. The encroachment rights and License granted by this Agreement shall be strictly਍ഀ limited to and solely for (i) Improvements Activities in relation to the Improvements within the਍ഀ License Area, all in accordance with and subject to the terms hereof, (ii) the benefit of the਍ഀ Association and its owners, members, employees, guests, contractors and agents, and other licensees਍ഀ and invitees, and the employees, contractors and agents of any of them (the "Association਍ഀ Permittees"), and (iii) those activities reasonably necessary for the performance of the obligations਍ഀ undertaken by the Association under this Agreement.਍ഀ 3. The License shall be coupled with an interest in the License Area unless terminated਍ഀ for a default of the Association in accordance with the provisions of Section 12 below. However, the਍ഀ License shall not in any way constitute an easement or other possessory interest in real property, and਍ഀ the Association and Association Permittees shall have no right to hold over in the License Area after਍ഀ any termination of the License and this Agreement (provided, however, the foregoing shall not be਍ഀ construed to relieve the Association of any of its obligations that remain undischarged as of the਍ഀ termination of the License and this Agreement).਍ഀ 4. The Association shall be solely responsible for the maintenance, repair, replacement਍ഀ and removal of the Improvements as provided in this Agreement.਍ഀ 5. The term of this Agreement and the License shall commence as of the date hereof,਍ഀ and shall continue in force and effect for a period of twenty (20) years and will automatically renew਍ഀ for fifteen (15) subsequent one (1) year terms unless either party elects not to renew by providing਍ഀ written notice at least sixty days prior to the expiration of the then-current term (the "Renewal਍ഀ Terms") or until (i) VA terminates this Agreement and the License for an uncured default of the਍ഀ Association pursuant to Section 12 below, or (ii) the Association abandons the use and enjoyment of਍ഀ the Improvements and License, whichever is first to occur. Upon the occurrence of either or both of਍ഀ those events, the term of this Agreement and the License shall expire, and this Agreement and the਍ഀ License shall be terminated and of no further force or effect (provided that any obligations or duties਍ഀ 2਍ഀ of the Association hereunder that have not been fully discharged as of such expiration and਍ഀ termination shall remain in full force and effect and owing from the Association thereafter). Upon਍ഀ any such termination of this Agreement and the License, the Association shall forthwith proceed to਍ഀ remove the Improvements from the License Area, other than the Landscape Improvements which਍ഀ may be left in place, (subject to the following provisions) and restore the affected areas in the਍ഀ License Area to substantially the same condition in which those areas existed before the undertaking਍ഀ of the Improvements, or alternatively in such other condition as may be required by VA (including਍ഀ the leaving in place of designated elements of the Improvements) that is not more costly to the਍ഀ Association. VA will succeed to the ownership of any elements of the Improvements so left in place,਍ഀ and the Association shall execute and deliver or cause the execution and delivery of such quitclaim਍ഀ deeds, bills of sale and other instruments as VA may require to effectuate or evidence such਍ഀ succession. At VA's election restoration plans will be subject to VA's written approval, and਍ഀ restoration will be undertaken in material conformity with any approved plans. Notwithstanding the਍ഀ provisions of the Renewal Terms set forth in this Section 5, VA hereby agrees to and will renew the਍ഀ License each year of the Renewal Terms unless VA has specific ski mountain or real estate਍ഀ development plans which require the License Area and unless VA notifies the Association of such਍ഀ plans and provides to the Association with such notice, a copy of a site plan of such plans approved਍ഀ by the Town of Vail.਍ഀ 6. At all times during the term of this Agreement, the Association shall carry and਍ഀ maintain, in full force and effect, at its sole cost and expense, a policy of comprehensive general਍ഀ liability insurance in an occurrence format in an amount of $2,000,000 per occurrence, including਍ഀ coverages for contractual liability, personal injury, broad form property damage, independent਍ഀ contractors and premises operations with insurance companies reasonably satisfactory to VA (the਍ഀ "Insurance"). The Association shall also carry Worker's Compensation insurance in accordance with਍ഀ the provisions of the relevant or applicable Worker's Compensation Act (the "Act") of the State of਍ഀ Colorado for all of the Association and its contractors and subcontractor's employees engaged in the਍ഀ Improvements Activities. The Association understands that VA requires sole proprietors who are਍ഀ excluded under the Act to carry Workers' Compensation insurance. The Association's insurance਍ഀ policies shall provide that no cancellation, reduction in amount or material change in coverage shall਍ഀ be effective except upon thirty (30) days prior written notice to VA. VA shall be named as an਍ഀ additional insured on the Association's general liability policies, and the Association agrees to਍ഀ provide VA with certificates of insurance, and upon request the full policy, evidencing the Insurance਍ഀ upon execution of this Agreement and thereafter upon request by VA.਍ഀ 7. The Association agrees to indemnify, defend and hold harmless VA, its parent਍ഀ corporations, subsidiaries, affiliates, insurance companies, and their respective agents, officers,਍ഀ directors, shareholders, servants and employees of and from any and all liability, claims, liens,਍ഀ demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage਍ഀ or injury, including death, of any person or damage to property of any kind resulting in connection਍ഀ with the construction, operation or continued maintenance of the Improvements, the Improvements਍ഀ Activities or those caused by the operations of the Association or the Association Permittees or the਍ഀ misconduct or negligent acts, errors or omissions of the Association or the Association Permittees਍ഀ while engaged in any activity on the VA Land.਍ഀ 8. The Association shall not cause, suffer or permit any mechanics', materialmen's or਍ഀ other liens to attach to or be recorded against the VA Land in connection with the Association's਍ഀ operations and/or the Improvements Activities pursuant to this Agreement. The Association shall਍ഀ indemnify and hold VA harmless from any loss, cost or liability arising out of or incurred in਍ഀ connection with any such liens.਍ഀ 9. VA reserves the right to enter the License Area for reasonable inspections and in਍ഀ order to comply with any requirement of law. The Association specifically acknowledges and agrees਍ഀ that VA shall not be liable or responsible for any damage or loss whatsoever to the Improvements਍ഀ caused by or arising from VA's permitted use of the VA Land or from the permitted use of any entity਍ഀ allowed by VA to use the VA Land, provided, however, that neither VA nor any such other entity is਍ഀ grossly negligent in connection with such use. Any such loss shall be borne by the Association at the਍ഀ Association's sole cost and expense.਍ഀ 10. The Improvements Activities shall be accomplished in a manner reasonably਍ഀ calculated to minimize interference with the activities of the Vail Mountain ski area. All of the਍ഀ Association's activities hereunder shall be in compliance with the laws, rules, regulations and਍ഀ restrictions governing the affected land.਍ഀ 11. Subject to the terms and provisions of this Agreement, VA specifically retains all its਍ഀ right, title and interest in and to the VA Land.਍ഀ 12. In the event the Association is ever in breach or default of any provision of this਍ഀ Agreement and such breach or default continues without cure ten (10) days following delivery of a਍ഀ notice of default from VA to the Association (or if such default cannot be cured within ten days, then਍ഀ such longer period of time as may be necessary to cure so long as the Association commences to cure਍ഀ within ten days and continues diligently to complete such cure), then VA at its election may exercise਍ഀ any or all of the following remedies:਍ഀ (a) VA, at its election and without obligation to do so, may take such action as਍ഀ VA deems appropriate to cure the breach, in whole or part as determined by VA, or to਍ഀ otherwise protect VA's interests, and all costs and expenses, including attorneys' fees,਍ഀ incurred by VA in any exercise of this remedy shall be due and payable from the Association਍ഀ within ten (10) days after demand from time to time;਍ഀ (b) VA may suspend the rights of the Association and the Association Permittees਍ഀ to use and enjoy the License, to conduct Improvements Activities, and to enter upon the਍ഀ License Area for those purposes;਍ഀ (c) VA may remove all or any part of the Improvements, and provide such਍ഀ restorations to the affected areas as VA may deem appropriate, and within ten (10) days after਍ഀ demand from time to time, the Association shall reimburse VA for all costs and expenses,਍ഀ 4਍ഀ including attorneys' fees, that VA may incur in connection with any exercise of this remedy;਍ഀ and/or਍ഀ (d) VA may terminate this Agreement and the License by giving the Association਍ഀ written notice thereof as set forth in Section 13 hereof.਍ഀ Any such breach of this Agreement that is not cured within any applicable cure period established਍ഀ above may be enforced by any or all of the foregoing remedies in favor of VA, and any other਍ഀ remedies available to VA at law or equity or by statute (including an action for dispossession in the਍ഀ case of a termination of this Agreement and the License), and all such rights and remedies shall be਍ഀ cumulative with and non-exclusive of one another, and may be exercised concurrently or਍ഀ successively as VA may elect. No exercise of any one remedy shall constitute or be construed as an਍ഀ election to the bar of any other remedy. In connection with any exercise or pursuit of its remedies਍ഀ under this Agreement, whether or not legal proceedings be actually commenced, VA shall be entitled਍ഀ to recover from the Association any and all attorneys' fees and court costs that VA may incur in਍ഀ connection therewith.਍ഀ 13. In VA's sole and absolute discretion, VA may permit the Association to use,਍ഀ on a case by case basis, that certain paved bike path on a portion of the VA Land commonly known਍ഀ as the Golden Peak Bike Path as a summer vehicular access to gain entry to the Association Property਍ഀ for maintenance purposes (the "Access Use"), provided, however that the Association shall notify the਍ഀ Director of Base Mountain Operations in advance of each and every requested Access Use.਍ഀ Notwithstanding any permission VA grants for an Access Use, the Access Use is not included in the਍ഀ License or the License Area. However, the provisions of Sections 6 and 7 hereof shall apply to each਍ഀ occasion of a permitted Access Use.਍ഀ 14. In consideration for the License and other rights and privileges created by this਍ഀ Agreement, the Association hereby covenants and warrants that the Association will, and hereby਍ഀ does, waive and release any and all claims and documents which assert possessory rights, including਍ഀ but not limited to adverse possession, against all or any part of the VA Land ("Claims', filed in any਍ഀ judicial court and/or in the real property records of Eagle County, Colorado (the "Records , such਍ഀ that any and all Claims will be removed from title to the VA Land (the "Releases"). VA will record਍ഀ this Agreement in the Records, and the Association will file the Releases in the appropriate judicial਍ഀ court and/or record in the Records, all being filed and/or recorded contemporaneously. Moreover,਍ഀ the Association further covenants and warrants that the Association will not make Claims against all਍ഀ or on any part of title to the VA Land after the recording of this Agreement. As a condition to the਍ഀ effectiveness of the licenses, rights and privileges granted by VA herein, the Association will dismiss਍ഀ with prejudice all lawsuits filed against VA with respect to the VA Land, including the proceeding਍ഀ filed in Eagle County District Court as Civil Action 2008CV239.਍ഀ 15. Any notice, demand or communication which either party may desire or be required to਍ഀ give to the other party shall be in writing and shall be deemed sufficiently given or rendered if਍ഀ delivered personally or sent by first class United States mail, postage prepaid, addressed as follows:਍ഀ If to VA: Vail Associates Inc.਍ഀ P.O. Box 7਍ഀ Vail, Colorado 81658਍ഀ Attention: Director of Base Area Operations਍ഀ With a copy to: VRDC Legal Department, Internal Box 87਍ഀ PO Box 959਍ഀ Avon, CO 81620਍ഀ If to the Association: Pinos del Norte Condominium Association਍ഀ P.O. Box 69਍ഀ Vail, CO 81658਍ഀ Attention: Property Manager਍ഀ With a copy to: Banks & Imatani, P.C.਍ഀ 225 Union Blvd, Suite 310਍ഀ Lakewood, CO 80228਍ഀ The parties shall have the right to designate in writing, served as provided above, a different address਍ഀ to which any notice, demand or communication is to be mailed.਍ഀ 16. (a) This Agreement (and any attached exhibit) contains the entire agreement and਍ഀ understanding of the parties with respect to the entire subject matter hereof, and there are no਍ഀ representations, inducements, promises or agreements, oral or otherwise, not embodied herein. Any਍ഀ and all prior discussions, agreements, proposals, negotiations and representations relating hereto are਍ഀ merged herein. This Agreement may be executed in multiple counterparts, each of which shall be਍ഀ deemed an original, but all of which taken together shall constitute one and the same instrument.਍ഀ (b) If any clause or provision of this Agreement shall be held to be invalid in਍ഀ whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be਍ഀ and remain in full force and effect.਍ഀ (c) No amendment, alteration, modification of or in addition to this Agreement਍ഀ shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby.਍ഀ (d) If any party hereto shall bring any suit or action against another for relief,਍ഀ declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and recover਍ഀ against the other party, in addition to all court costs and disbursements, such sum as the Court may਍ഀ adjudge to be reasonable attorneys' fees.਍ഀ (e) The Association shall be liable for its obligations hereunder, and any action,਍ഀ omission, conduct or circumstance attributable to less than all the Association will be imputed to all਍ഀ the Association.਍ഀ 6਍ഀ (f) This Agreement shall be governed by and interpreted in accordance with the਍ഀ laws of the State of Colorado.਍ഀ (g) Any and all warranties, provisions, rights and obligations of the parties herein਍ഀ described and agreed to be performed subsequent to the termination of this Agreement shall survive਍ഀ the termination of this Agreement.਍ഀ (h) Time is of the essence with respect to the performance of each of the਍ഀ covenants and agreements herein set forth.਍ഀ IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become਍ഀ effective as of the date first written above.਍ഀ ApprevW ae to Fwm:਍ഀ Lend 0"W"W"t਍ഀ Nam: C V ARNO)JI਍ഀ Sipntrrs: Ail [AdMdL.L.਍ഀ Date:਍ഀ STATE OF COLORADO )਍ഀ ) SS.਍ഀ COUNTY OF EAGLE )਍ഀ THE VAIL CORPORATION, a Colorado corporation,਍ഀ d/b/a VAIL ASSO IATES,਍ഀ By:਍ഀ Name: Chris Jamot਍ഀ Title: Sr. Vice President਍ഀ The foregoing instrument was acknowledged before me this L d -A day of ,਍ഀ 2009, by Chris Jamot as Sr. Vice President, Mountain Division, of THE VAIL CORP RATIO , a਍ഀ Colorado corporation, d/b/a VAIL ASSOCIATES, INC.਍ഀ My commission expires: W . ~ I to਍ഀ [SEAL]਍ഀ Vow Qk਍ഀ Notary Pu is਍ഀ QJ oTa I਍ഀ * 0001D1WM E*=1 t10ci=਍ഀ 7਍ഀ PINOS DEL NORTE CONDOMINIUM ASSOCIATION,਍ഀ a Colorado Ztft co tion਍ഀ By:਍ഀ Name: Ro rt Lees਍ഀ Title: Vice-President਍ഀ STATE OF AQ % bOe- )਍ഀ SS:਍ഀ COUNTY OF )਍ഀ The foregoing instrument was acknowledged before me this .e day of 2009, by਍ഀ Robert Lees as vice-president of PINOS DEL NORTE CONDOMINIUM ASSOCIATIO , a Colorado਍ഀ nonprofit corporation.਍ഀ My commission expires: neDEj0LVZ 14, 2,010਍ഀ [SEAL] Sq,਍ഀ MARCIOFFICIAL 'DONNOGNUE Notary Public਍ഀ NOTARY PUBLIC - state of Aritom਍ഀ PINAL COUNTY਍ഀ My Comm. WDS Sept. 14, 2010਍ഀ OVinos del Nortc\VAF.ncroachment\PiaosEmmachd2008 Sidewalk and ExistingFinal011209.doc਍ഀ EXHIBIT A਍ഀ (Attached)਍ഀ ~E >਍ഀ p = m'-4 PINGS DEL NORTEg਍ഀ O ~ ~ - 600 VNl V~LIEY ORM਍ഀ ]f11 NNG਍ഀ P m ~r TRhCT 1, M਍ഀ VAIOMII,C COLOPA OGM7਍ഀ l1 R51਍ഀ PROD 0਍ഀ D DI]0਍ഀ ( -1 m Z਍ഀ rnau-cry-eei✓Xf 11:01f' DE਍ഀ A:0019708459979 P.1਍ഀ r`਍ഀ TOWN OF VAIL ~Z11C,਍ഀ OI਍ഀ OFU I~I~LIATc FOR REVOCABLE PEM,•T TO ERECT OR਍ഀ A਍ഀ -਍ഀ MAINTAIN IMPROVEMENTS ON A PUBLIC RIGHT-Of-਍ഀ WAY਍ഀ "TFfIS FORf~I t~~tl~'IitE~T SE REI € CED਍ഀ (Pt.EASE TYPE) TYPES OF IMPROVEMENTS਍ഀ Fence਍ഀ wall਍ഀ Landscaping਍ഀ Other਍ഀ own of PROPERTY _'Pl►-JnS Pe,_ 140R4`E C- A SS~I਍ഀ ADDRESS P.D. f7lbV TT`d~,~਍ഀ LEGAL DESCRIPTION OF PROPERTY TO BE SERVED:਍ഀ LOT BLOCK' ' SUBDIVISION _ Pi-.Jo S਍ഀ (If necessary, attach description on separate sheet). 614r਍ഀ Corner lot inside lot਍ഀ DETAILED DESCRIPTION OF STRUCTURE OR ITEM(S) INTO RIGHT-OF-WAY;਍ഀ ~2~f ~4fi~l~i.+Qt/ Oh( ~n1tZT sift਍ഀ Does structure presently exist?਍ഀ Proposed date for commencement of construction t5"-ol - fl਍ഀ In consideration of the issuance of a revocable permit for the structure abova-indicated, applicant਍ഀ agrees as follows:਍ഀ t.. That the structure herein authorized on a revocable permit basis is restricted exclusively to the land above਍ഀ described.਍ഀ 2. That the permit is limited specifically to the type of structure described in this application.਍ഀ 3. That the applicant shalt notify the Project Planner.and Public Works Department, or their duty suthorized਍ഀ agent, twenty-four hours in advance of the time for commencement of construction, in order that proper਍ഀ Inspection may be made by the Town:਍ഀ 4. The applicant agrees to indemnify and hold harmless the Town of Vail, its officers, employees and agents਍ഀ against all liability, claims and demands on account of injury, loss or damage, including without limitation਍ഀ claims arising from bodily Injury, personal injury, sickness. disease, death, property loss or damage, or any਍ഀ other loss of any kind whatsoever, which arise out of or are in any manner connected with applicant's਍ഀ activities pursuant to this permit, If such injury, Joss, or damage is caused in whole or in part by, or is claimed਍ഀ to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence or other਍ഀ fault of the applicant, his contractor or subcontractor or any officer, employee or representative of the਍ഀ applicant, his contractor or his subcontractor. The applicant agrees to investigate, handle respond to, and to਍ഀ provide defense for and defend against, any such liability, claims, -or demands at the sole expense of the਍ഀ applicant. The applicant also agrees to bear all expenses relating thereto, including court costs and਍ഀ Revised 008103਍ഀ F:UaandovalTonm%03 Revooahle ROW Permit Form .doe਍ഀ ti਍ഀ A:OOi9708459979 P,2਍ഀ attorney's fees, whether ar not any such liability, Claims, or demands a((਍ഀ fraudulent. eged are groundless, false, or਍ഀ Applicant agrees to procure and maintain, at it, owm cost, a policy or poll cies Of insurance sufficient to ensure਍ഀ against alt liability claims, demands and other obligations assumed by the applicant pursuant to this਍ഀ Paragraph 4,਍ഀ Applicants further agree to release the Town of Vaif, its officers, agents and employees from any and all਍ഀ liability, claims, demands or acfbne or causes of actions whatsoever arising out of any damn lost. r injury਍ഀ to the applicant or to the appOcant's property caused b < h Town of ` , gde m o,play2 es,਍ഀ while engaged in nmaintenanre or snow removal actiV esor anyotheralctiMieofficers, s Swhatsoever on nTown of Vail਍ഀ property, streets, sidewalks, or rights-of-way,਍ഀ 5. That the permit may be revoked whenever it is determined that the encroachment, obstruction, or other਍ഀ structure constitutes a nuisance, destroys or impairs the use of the right-of-way by the public, constitutes a਍ഀ traffic hazard, or the property upon which the encroachment, Obstruction, or structure exists is required for਍ഀ use by the public; or it may be revoked at any time for any reason deemed sufficiept by the Town of Vail,਍ഀ 6• That the applicant will remove, at his expense, the encroachment, obstruction, or structure within ten days਍ഀ after receiving nodoe. of any revocation of said permit.਍ഀ 7. That the applicant agrees to maintain any landscaping associated with the encroachment on the right-of-way.਍ഀ 8. That in the event said removal of the encroachment, obstruction,਍ഀ days, the Town is hereby authorized to remove same and have the or'structure is not accomished within ten਍ഀ right to make an asssessment against the਍ഀ property and collect the costa or removal in the same manner as general taxes are collected.਍ഀ 9• That the applicant has read and understands all of the terms and conditions set forth in this applieafion.਍ഀ 10. The Revocable Right-of way permit fee is $35.00; $1 f.00 of the fee pays for Eagle County Clerk and਍ഀ Recorder recording. Make checks payable to Town of Vail.਍ഀ 11, Special conditions:਍ഀ 1 ~਍ഀ 111.1 ft. :਍ഀ aign.V7ure oy"Loperty Owner਍ഀ (ifjol~it o nershu ip, both signatures)਍ഀ I਍ഀ Signature of Property Owner Date਍ഀ (if joint ownership, both signatures)਍ഀ APPROVED;਍ഀ Project Planner਍ഀ Department: of Publi WWorks਍ഀ Revised 44108/03਍ഀ F:ItsandovaAForm.i03 Revocable ROW Permit Farm.doc਍ഀ A tlTIi.m AppgOVAL & VE.q-TF=CA'r--ON ` . wu਍ഀ p posed improvements well not impact any e4sting or prcposed~fi -਍ഀ 7 {is f8rrn serves' to vent that L a• ho l~'ty services, and Iso to਍ഀ verily service availabilln/ and location for new constnrct on and should be used in conjunction with preparing your uti7lty plan and਍ഀ scheduling Installations. A site plan, including grading plan, floor plan, and elevations, strati be submitted to the following atilt**.ies਍ഀ for approval and verification. Pt EASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR Cf3MMENTI S RON i H U-JI 're਍ഀ CCWIPA3 121. If you are unable to obtain comments within that timeframe please contact The T own of Val1.਍ഀ DeVMAl aerto P, 0! 'ea LotAcVr°--s,- WorrnlaNw.਍ഀ Lot Address: SL,bd ision: 1~ t &,SOS L0,Z)*.-F- 'Lot,:਍ഀ ALthorind Sianai+Jra਍ഀ ®WESj_਍ഀ 970.463.S8oDi`d) .਍ഀ 970.468.0672(fax)਍ഀ Contacts: Sam 'Cooley਍ഀ samuet. fev~ com਍ഀ I=& HIGH PRESSURE GAS਍ഀ .970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact:,Rich Srsneros਍ഀ ricira ,.~srrerosfr~ccelenerov.wm਍ഀ -HOLY CROSS ENERGY਍ഀ 970.9475425 (tel)਍ഀ 970.945.408 (fax)਍ഀ Contact Jeff Vroom਍ഀ ' m Iholy~.cam਍ഀ XCEL ENERGY਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (tel)਍ഀ Contacts:'਍ഀ Kt Bogert਍ഀ KathrY,Boaelt(a XMENERGY.mrn਍ഀ EAGLE RIPER WATER &਍ഀ SANITAMN DISTRICT਍ഀ 970.476.7480 (tel)਍ഀ .970.475.4089 (fax)਍ഀ Contact: Fred liastee਍ഀ fhasleeaerwsd orn਍ഀ COMCASf CABLE਍ഀ 970.418.8248 (tel)਍ഀ 970.949.9138 (fax)਍ഀ Contact: David Evans਍ഀ david evansQcabia.gZ3g s =਍ഀ Cornments Late਍ഀ NOTES:਍ഀ . I. If the utilit7i approval & verification form has signatures from each of the utT ,y companies, and no comments are made direcdy਍ഀ on the form, or no action is taken ultthin 2 weeks of the Ut~ti y's receipt of the form without explairation the Town will presume਍ഀ that there are no problems and the development can proceed.਍ഀ 2. If .a utility company has'concerns whiz the proposed axmtru on, the uiiW representative shall note directly on the utility਍ഀ verification form that there is a problem which needs t D be resolved. Tice issue should then be detsdleci in an attached letter to the਍ഀ Tovm of, Vail. However, please keep in mind that it is tihe responsibHity of the utility company and the applicant to resolve਍ഀ identified problems.਍ഀ 3. These verifications do not refleve the contractor of the rasponsibitrty to obtain a Public Way Permit from the Department of਍ഀ Public Woft at the Town of Vall. L"dlity locations must be obtained before diaginc in any public right-of-way or easement਍ഀ Wthin the Town of Vail. A buiWdina oern~9t is not a Rublic Way vermit and must be obtained separat e.਍ഀ 4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verifcation if the਍ഀ submitted plans.,ere altered in any way after the authorized signature date (unless otherwise speclfically noted Wthin the comment਍ഀ area of this fbrpi).਍ഀ Devel6per's Signature Date਍ഀ t-25-2007 •਍ഀ Im Am਍ഀ UTILITY APPROVAL & VERIFICATION '਍ഀ This form serves to verify that the. proposed improvements will not Impact any existing or proposed utility services, and also to਍ഀ verify se'vice avallabilltyy and location for new'construction and should be used in conjunction with preparing your utility plan and਍ഀ scheduling fnst6allations. A site plan, including grading plan, floor plan, and elevattons, shall be submitted to the following utilities਍ഀ for approval and verification. PLEASE ALLOW UP TO2 WEEKS FOR APPROVAL OR COMMEfd1•S FROM THE UTILITY਍ഀ =MPAXIES. If you are unable to obtain commentsvdthin thattlmeframe please contact The Town of Vail.਍ഀ Deus!?.par toPro Oda tofAddrem:m`ormafion:਍ഀ Lai Address, ~60 ' At L_ IAULO T f- . - S: lylslof:s~~ N bS t~ L 004-6 l ot,'= r਍ഀ Authorized Signature 01mertts਍ഀ QWEST਍ഀ 970.458.6850(teij .਍ഀ 970.468A672(fax)਍ഀ Contacts: Sam Tooley਍ഀ samVe~,l•y~0~westcom _਍ഀ XCEL HIGH PRESSURE GAS਍ഀ .970.262.4076 (tel)਍ഀ 970.468.1401(fa)o਍ഀ Contact; Rich Ssneros਍ഀ richardsisnerosoxceienerav.oom਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tel)਍ഀ 970.945.1081 (fox)਍ഀ Corrfact. 3e)T Vroom਍ഀ ivrndrnft6lvrrnsq. corn਍ഀ XCEL ENERGY਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (teo਍ഀ CantacLs:'਍ഀ Pt Bogert਍ഀ o O਍ഀ Kathryn.8ooert=CEtENE਍ഀ RGY.m਍ഀ EAGLE P"ER WATER &਍ഀ SANITA17ON DISTRICT' + L_....਍ഀ 970.476.7480 (ter)਍ഀ 970.476.4089 (fax)਍ഀ Contact Fred Haslet਍ഀ fhasleeCcaernrsd.ara •਍ഀ COMCAST CABLE਍ഀ 970.418.8248਍ഀ 970.949.9138 (fax)਍ഀ Contact David Evans਍ഀ david evans@2Vt,e.comcaeL.com਍ഀ NQ਍ഀ I. If the utility approval & verification form has slgnatures from each of the utfiity companies, and no comments are made directly਍ഀ on the form, or no ac#bon Is taken within 2 weeks of the LRrlWs recelpt of the form without explaination the Town wig presume਍ഀ that there are no problems and the development can primed.਍ഀ 2. If a t> 1ty company has'concems with the proposed construction, the utility representative shall note directly on the utility਍ഀ verification form that there Is a problem which needs to be resolved. The Issue should then be detailed In an attached letter to the਍ഀ Town of Vail. however, please keep In mind that It Is the responsibility of the utility company and the applicant to resolve਍ഀ Identified problems. '਍ഀ 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of਍ഀ Public Works at the Town•of Vall. Utility locatl ns must be obtained before diaaina In any public right-of-way or easement਍ഀ v+ithin theTown of Vall. A bulfdindpermit is note Public ix omit ancil- mull be obtained aeearaIA਍ഀ 4. The Developer is required and agrees to submit any revised drawings to the utilftles for r e-appmvai & re-verification I~ the਍ഀ submitted plans are altered In my way after the authorized signature date (unless otherwLse specifically noted wIt In the comment਍ഀ area of this form).਍ഀ Developer's Signature Date f਍ഀ 1.23.2007 '਍ഀ \IJ~਍ഀ Ur!? 3TY APPROVAL & V ?UFICAT Oyj਍ഀ T his form Serves to varity what t ,e. Proposed improvements v:-i!J not im~ct any e.~i; ing or proposeC utility services, and aim to਍ഀ vely service =eIi'ability and location for new construction and should be used in corriundion with preparing your utility plan and਍ഀ scheduling installations. A. site plan, Including grading plan, floor plan, and elevations, shall be sub^nit ed to the following utiliiies਍ഀ for approval and verification.. P EASE' AT I OW UP TO 2 WEEKS FOR APPROVAL Ole CO?b MEMTS r?rJ?•1'e ilE UTIL-L y਍ഀ C.OMPANZES. If you are unable to obtain comr•>ents within t, at timef.Yame please contau The Town of Vail.਍ഀ .Devefnoerto ~,~~id~ 13i.R1~*Idras3 T~:ama@iAr:਍ഀ LotAdd,ess: ~`#~lt_1 i'•.~਍ഀ 1 pa-4 ~JJ~i~>'151GiF:਍ഀ _ to?:#:਍ഀ Authorized Stun atuna਍ഀ QW ST਍ഀ 970,468.M(W)਍ഀ 970.468.0672(rax)਍ഀ Contacts: Sam Tooley਍ഀ samue(; cievt~nurpcr n,m਍ഀ XCEL HIGH PRESSURE GAS਍ഀ 970.262.4026 (tei)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich 5isneros਍ഀ rir:ha rd. almeros-ftzelenmy. mm਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5475 (tel)਍ഀ 970.945.4082 (fax)਍ഀ Contact: Jed Vroom਍ഀ ivnxknkl~ha(vdns_c rnm਍ഀ XCEL ENERGY਍ഀ 970.262.4038 (fax)਍ഀ 970.262.402} (tel)਍ഀ Contacs.਍ഀ lit Bogert਍ഀ M_athrvn.mert xt i EN com਍ഀ EAGLE RL4r'M WATER &਍ഀ SAMATION DISTRICT'਍ഀ 970.476.7480 (tel)਍ഀ 970.475.4089 (fax)਍ഀ Contact: Fred Haste;਍ഀ tha*.efd,erwsd oro਍ഀ carUJ-xcsr਍ഀ orrkar,'s ft਍ഀ GABLE਍ഀ 970.418.8248 (tel) q7a-614-07 h`Z਍ഀ 970.949.9138 (hx)਍ഀ LuiLL Ao-r fty-E ANi4AIe5਍ഀ AOD 5T(LL- uec-0 Act&! ,5਍ഀ Contact: Cof T" irc-1(aN 5W, `rp ?S r~►tCnt7' ~~~0਍ഀ davdd Eyans(lnhi-.mmca„st.con਍ഀ Haas:਍ഀ 1. Tf the utlaty approval & verification form has signatures from each of the utirity companies, and no comments are made directly਍ഀ on the form, or no action is taken within 2 weeks of the Utiillty's receipt of the form without explaination the Town will presume਍ഀ that there are no problems and the dev&opment can proceed.਍ഀ 2. It a utility company has concerns with the proposed coast; ar tlon, the utility representative shall note directly on the utility਍ഀ verification form that there is a problem which needs to be resolved. Tice issue should then be detailed in an attached letter to the਍ഀ Town of Vail, However, please keep in mind that it is the responsibility of the udlltp company and the applicant to resolve਍ഀ identified problems.਍ഀ 3. These verifications do not relieve the contractor of tike responsibility to obtain a Public Way Permit from the Department of਍ഀ Public Works at the Town of Valet. 4ftift locations must be obtaijMd before dWina to any public right of-way or easement਍ഀ wbhi the Town of Vail. A-buMno oermrt is nett Pubj95yy(gy nee zL and must be obtained awgMtely.਍ഀ 4. The Developer is required and agrees to submit any revised drawings to the uditties for re-approval & re verification if the਍ഀ submitted plans are altered in any way after the authorized signature date (unfess otherwise specifically noted within, the comment਍ഀ area 0f this' form).਍ഀ Devebper's Signature Date਍ഀ 5-25-2067਍ഀ SILVERTHORNE HP਍ഀ &.4-਍ഀ 711A. Cr" tar਍ഀ Fax:19704681401 Apr 2 2009 6:32 P.02਍ഀ UTILITY Ar PROVA.L & V;~ r""I?'ATF3 '਍ഀ This loco serves to verify that the proposed improvements wi71 not impac any existing or proposed utility serviceoursuti "਍ഀ vice a~QilabiGP/ and location for new canstructian and should be used in conjunction with pre grin ' °fnd also to਍ഀ verify secheduling inszliatons. A site plan, including grading plan, flocr plan, and elevations, shall be submitted co i਍ഀ for approval and verification. PLEASE .4LLO~d U .D p. 9 Yi~ y pla n and਍ഀ TO 2 WEE h fallau ing uiiCties਍ഀ Li'MPA,INIES. if you are unaNe to obtain c0mmeantswithin" Jmef2~ep°zse contact TheETown of ~Vail.਍ഀ ~ TAE r~ ~਍ഀ 37es~°io e~#®?.~v~'delot.4cfdr2.~.ar~3~a~ion:਍ഀ SubdeiyWort' ji਍ഀ Lat#:਍ഀ D1NES਍ഀ 970.468.58oi (i f)਍ഀ 970.458.0672(x)਍ഀ Contacts: Sam T ooley਍ഀ samildLtooley0owestcom਍ഀ XCEL HICK PRESSURE GAS਍ഀ .970.262.4076 (tei)਍ഀ 970.468.1401 (fax)਍ഀ Contact :,Rich Sisneros਍ഀ . hard_srsn_ eros(~ct 1 np c m਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ LroomCg~holvcras~ rnm਍ഀ XCEL ENERGY਍ഀ 970262.4038 (fax)਍ഀ 970.262.4024 (tei)਍ഀ Contacts:਍ഀ Kit Bogert਍ഀ KathrYr~ BDaerKo7X FA?FRf Y rnm਍ഀ EAGLE RIVER WATER &਍ഀ SANITATION DIsmCT਍ഀ 970.476.7480 (t-l)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Hasiee਍ഀ fig rwsd oro਍ഀ CONICAST CABLE਍ഀ 970.418.8248 (tef)਍ഀ 970.949.9138 (fax)਍ഀ Contact: David Evans਍ഀ david evansCn]cabia mmcast m਍ഀ 0220਍ഀ l਍ഀ is਍ഀ i਍ഀ i਍ഀ L a the utllrty approval & verification farm has signatures from each of the utility companies, and no comments are m<਍ഀ or the form, or no action Is taken within 2 weeks of the Utility's receipt of the form without explainabon the Town w਍ഀ that here are no problems and the development can proceed.਍ഀ 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on਍ഀ verification form that there -;s a problem which needs to be resolved- The issue should then be detalied in an attached le਍ഀ Town of Vail, H..owever, please keep in mind that it is the responsibility of the utility company and the applicant਍ഀ identified problems.਍ഀ 3. These verifications do not relieve the contractor of the responsibility to obtain a public Way Remit from the Departmer਍ഀ Public Works at the Town of Vail. Utility loeatlon9 nnustbe ofstal ed before dfggjW in any public right-of way or ea਍ഀ within the Town of Vail. A building oerrnit Is net a Public Wav aerfnit and mnsfi be obt~tned s rat°ly_਍ഀ 4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approvai & re-YErdkzbon if 1਍ഀ submitted pions are aftered In any way after the authofted signature date (unless otherwise specifically noted within the +਍ഀ area of this form).਍ഀ Developer's Signature਍ഀ f vfhorixad Si~.t&t. -਍ഀ Oor~,;,sr`s਍ഀ !vD CI1~lPA-Crr~ .^f1~਍ഀ oo~' 0.਍ഀ .਍ഀ Date਍ഀ 1.2.-2007਍ഀ E਍ഀ e directly਍ഀ presume਍ഀ e utility਍ഀ r to the਍ഀ resolve਍ഀ of -਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ T~iVNOF YAl~਍ഀ This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to਍ഀ / verify service availability and location for new construction and should be used in conjunction with preparing your utili਍ഀ and scheduling installations. A site plan, iincluding ty plan਍ഀ utilities for approval and verificatiograding plan, floor plan, and elevations, shall be submitted to the following਍ഀ QWEST਍ഀ 970.513.7189 (tel)਍ഀ 970.384.0257(fax)਍ഀ 970.687.0722 (cell)਍ഀ Contacts: Steve Waters਍ഀ swaters owest com਍ഀ Authorized Signature਍ഀ EXCEL HIGH PRESSURE GAS਍ഀ 970.262.4076-(tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneros਍ഀ HOLY CROSS ELECTRIC਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ ivroom(cDholycmg com਍ഀ EXCEL ENERGY਍ഀ 970.262.4038 (fax)਍ഀ Contacts:਍ഀ Kit Bogart 970.262:4024਍ഀ Katherine Bogert਍ഀ EAGLE RIVER WATER &਍ഀ SANITATION DISTRICT਍ഀ 970.476.7480 (tel)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Haslee਍ഀ fhasiee(alerwsd,org਍ഀ COMCAST CABLE਍ഀ 970.468.2669 ext. 1100.(tei)਍ഀ 970.468.2672 (fax)਍ഀ Contact: Brad Dorcas਍ഀ bradely dOrcaS((1~cable omcast com .਍ഀ Comments਍ഀ Date਍ഀ NOTES:਍ഀ 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made਍ഀ directly on the form, the Town will presume that there are no problems and the development can proceed.਍ഀ 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility਍ഀ verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter਍ഀ to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to਍ഀ resolve identified prphlems.਍ഀ 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of਍ഀ Public Works at the Town of Vail. till locations must be obtained before digging in any public right-of-way or਍ഀ easement within the Town of Vail. A building hermit is not a Public Way permit and must be obtained sew rately.਍ഀ The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the਍ഀ submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the਍ഀ comment area of this form).਍ഀ Developer's Signature਍ഀ F:1cde0FORlvI'.:iGRM. U11lity Approval_12-2-05.doc਍ഀ Date਍ഀ 92-5-2005਍ഀ l,,'YC Y.r7✓਍ഀ "his vrm selves to verify tliat iiie Proposed improve,-rjent5 K411 not impa7 arty e~is my ar.Prop- sed utility serdi~5, and also to਍ഀ e'er fy 52rv?Ce d1 oifer_+iiity and Focat-On for new construct;an and should be used in Conjunction with preparing +਍ഀ s~hedUiing installations, fi site plan, including r Your u,itrty alzn and਍ഀ far approlral and verification. p E 9 ariing plan, floor p1atiors shall be਍ഀ b,~ l SAS-- A__C~W ! p TO 2 VAEF V FOR APPROVAL h_ foU37-71 uti(t~Es਍ഀ CC7hEsubrnf ed to t p g਍ഀ CO:A.S:25. if you are unable to obtain co7ments within that time p se Contact- The la own ~Oi~਍ഀ Town of Vaii.਍ഀ ~es'efop~r to Ph.-Wde Lot A dry Znjo 4'.fcnr਍ഀ LO't fAddr°Ss: F y n 1.` h ,਍ഀ L FwL਍ഀ G W.z_਍ഀ 970.463.6860(ti਍ഀ 970.468.0672(f2x)਍ഀ Contacts: Sam Tooley਍ഀ saMU. tnOfayfnlrry;਍ഀ XCEL HIGH PRESSURE 'GAS਍ഀ .970.262.4o76 (tei)਍ഀ 970.468.1461 (fax)਍ഀ Contact: Rich Sisnenos਍ഀ n r.i c nr .਍ഀ HOLY CROSS ENERGY਍ഀ 970, (let)਍ഀ 970. (fax)਍ഀ Contact 3 , Vroom਍ഀ Lyroom(a~hnh,~o~ ~m਍ഀ XCEL ENERGY'਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (tel)਍ഀ ContaCLs: -਍ഀ fKlt Bogert਍ഀ ~`atilryn $ooertealX r=rtr~1?r'y.਍ഀ EAGLE MER WATER &਍ഀ SANI'rATrON D&rRicr਍ഀ 971475.7480 (tel)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Hasiee਍ഀ COMCAST CABLE਍ഀ 970.418.8248 (tel)਍ഀ 970.949.9138 (fax)਍ഀ Cflntar L. Davfd Evans਍ഀ vld v- lal~ i~.rom .st.corn਍ഀ AttChor'xsG SiuC,_ ,v਍ഀ 2vr73M02a਍ഀ iJLh:਍ഀ Attu iC਍ഀ _ AT਍ഀ 0271_ES਍ഀ 1. If the rrn". approval & s ver take Wi hill 2 has signatures Tram each of the uility companies, and no comments are made di~਍ഀ on the form, or no aeon is taken within 2 weeks of the Utr7i~ s receipt a the form without that there are no problems and the development can proceed. Y਍ഀ 2. If a u~aiity company has concerns Wit the expiaination the Town will presume਍ഀ proposed construction, the utility representative shall note directly on the utility਍ഀ verification form that there is a problem --which needs to be resolved. The issue should the਍ഀ Town of Vail, 11owever, please keep in ;mind that ~ is the responsibilrty of the utility compannyli~ and in an the applicant to letter r to the਍ഀ identitied problems.਍ഀ 3. ibese verifications do not relieve the contractor of the responsibility to obtain a Public way Permit from Ore esoive਍ഀ Public Works at the Town of Valf. Uti it locatlons mr a ob਍ഀ within the Town of Vail, bv' d' -~fned @p ra dicoinu ' ~~1ent of਍ഀ no oe it is a Publi Wa a o any Public right-of-way or easement਍ഀ 4. The Developer is reQufred and agrees to submit any revised drawings to the clh7raest for rzbapprovat & re-verification if the਍ഀ area of this nm).਍ഀ area plans are ai( re in anY way aRer authorized signature date (unless othervrise specifoliy noted within the comment਍ഀ F' r਍ഀ Developer's Signature q - zo , o਍ഀ Date਍ഀ 7.25-2007਍ഀ Z d 00V00000'^L •ok/S0:4L .dS"SO:SL aOG1Z EL Lidw CNOK>਍ഀ z4aoe9404B 34Y2lOFi.L~.3A"2 LSMMO MOM_਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ Statement Number: R090000259 Amount: $1,250.00 03/20/200901:11 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 15580 FRITZLEN਍ഀ PIERCE ARCHITECTS਍ഀ ਍ഀ Permit No: PEC090009 Type: PEC -Maj SDD No Ext Chg਍ഀ Parcel No: 2101-081-1000-1਍ഀ Site Address: 600 VAIL VALLEY DR VAIL਍ഀ Location: PINGS DEL NORTE਍ഀ Total Fees: $1,250.00਍ഀ This Payment: $1,250.00 Total ALL Pmts: $1,250.00਍ഀ Balance: $0.00਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ PV 00100003112500 PEC APPLICATION FEES 1,250.00਍ഀ E-1.਍ഀ 10਍ഀ ■਍ഀ F਍ഀ t਍ഀ w _਍ഀ w਍ഀ ii਍ഀ f `i ~਍ഀ ਍ഀ ? t '਍ഀ t਍ഀ 4਍ഀ i਍ഀ ਍ഀ ,਍ഀ ~r਍ഀ { ^~r਍ഀ L.~ ! 1਍ഀ 4਍ഀ i z਍ഀ - " 7/7r਍ഀ W ~਍ഀ I਍ഀ NY"਍ഀ ~I਍ഀ $ o਍ഀ o ooo_਍ഀ m਍ഀ I t਍ഀ 1਍ഀ 1 ~ \ A U N_ yN਍ഀ ਍ഀ In lh'WT-T1 f(~nD O NU WU਍ഀ I ~7~-~ tIIIa1111I111 ,DT,~I N In W Y~'^~7, T G~ T lUi {I਍ഀ "(i Dp y yf(~~W D k5 a yx "`Q W_਍ഀ ~i12 ~ T Ay''~^ ~ NS x A TN f~i਍ഀ ~ IT m u ~ ~ ~~~>ppp I਍ഀ f~ m~ Pu ~ ~ ~ ~ m rn i d~਍ഀ iyR T m਍ഀ "N W O O਍ഀ uu O਍ഀ N rn / ' 1਍ഀ U~ NIT Z਍ഀ m I r਍ഀ Wil,਍ഀ moffiffiffiffiN਍ഀ o ,V~ o t਍ഀ 0਍ഀ b I 1 ,਍ഀ 1. .਍ഀ FT-1਍ഀ 1਍ഀ D \ \ \ \ a i s਍ഀ I \ \ A਍ഀ \ 1 F਍ഀ ~ ~ 1{ ~ ~ ~ . e ~ ~ \ VA VA \ VA VA I I i C)਍ഀ {j 44 \ V A A \ I I I ~I਍ഀ I ! ? <y AAA VAA VAA VAA VAA VAA tI 11 i m਍ഀ ~ ~ I \ ~ ~ VA VAA VA VAA VA ,I ,I਍ഀ A VA8 V A V A I I i਍ഀ n ~ \ ~ ~A VA \ VAA A VA VAA VA Ii 'i਍ഀ i਍ഀ D 7g9ii €਍ഀ Z z 3g 9£ 3਍ഀ o਍ഀ ~ ~ 1 1 1਍ഀ z --ra. I 4਍ഀ IIZA਍ഀ Z u° ~ ~ T wp w0਍ഀ PINOS DEL NORTE u; °a,਍ഀ A a o i N i 600 VAIL VALLEY DRIVE D਍ഀ rnN m r਍ഀ - Q, VAIL, CO 81657਍ഀ T PROJECT #0430਍ഀ D n rn Z਍ഀ N3਍ഀ WOF,i_਍ഀ Rm~4਍ഀ t f~-਍ഀ . acctD t਍ഀ ~rom OoclI U਍ഀ Development Review Team & Construction Update਍ഀ Community Development Large Conference Room਍ഀ Wednesday at 9:30AM਍ഀ March 4, 2009਍ഀ AGENDA਍ഀ q%P਍ഀ 9:30 Development Review Team P Q d਍ഀ Purpose: Provide coordination and input across Departments on proposed development proposals CAVA 011A਍ഀ Staff Item / Topic Description Time਍ഀ WC 1. Planning Department Updates 10 minutes਍ഀ BW 2. Code Enforcement Update 5 minutes਍ഀ NP਍ഀ 3.਍ഀ Pinos Del Norte - lobby addition & ski lockers - intro. & routing਍ഀ 10 minutes਍ഀ MH਍ഀ 4.਍ഀ Construction Kick-Off Meeting, discussion for all departments਍ഀ 10 minutes਍ഀ MH਍ഀ 5.਍ഀ Cert. of Occ. for Vail's Fron oor, iscussion for all departments਍ഀ 10 minutes਍ഀ f਍ഀ Fire Door at WI, discussion with Fire਍ഀ Other -਍ഀ DRB/PEC Updates਍ഀ 5 minutes਍ഀ 5 minutes਍ഀ -ro 30਍ഀ ~0 i n g YJ਍ഀ TOWN OVAIJ਍ഀ Development Review Team & Construction Update਍ഀ Community Development Large Conference Room਍ഀ Wednesday at 9:30AM਍ഀ March 18, 2009਍ഀ AGENDA਍ഀ 9:30 Development Review Team਍ഀ Purpose: Provide coordination and input across Departments on proposed development proposals਍ഀ Staff Item / Topic Description Time਍ഀ WC 1. Planning Department Updates 10 minutes਍ഀ BW 2. Code Enforcement Update 5 minutes਍ഀ NP 3. Busch Residence, Introduction & routing 10 minutes਍ഀ NP 4. Pinos Del Norte, Review revised plans (Public Works, Fire) 10 minutes਍ഀ Other - 5 minutes਍ഀ DRB/PEC Updates 5 minutes਍ഀ Page 1 of 1਍ഀ Nicole Peterson - DRB09-0039 (Pinos Del Norte) is approved with the following਍ഀ notes:਍ഀ From: David Rhoades਍ഀ To: Nicole Peterson਍ഀ Date: 03/11/2009 8:43 AM਍ഀ Subject: DRB09-0039 (Pinos Del Norte) is approved with the following notes:਍ഀ Separate permits/shop drawings required for changes/alterations to the fire alarm and fire sprinkler systems.਍ഀ David Rhoades਍ഀ Fire Inspector਍ഀ Vail Fire & Emergency Services਍ഀ Vail CO 81657਍ഀ 970-477-3454 Office਍ഀ 970-688-1714 Cell਍ഀ file://CADocuments and Settings\AdministratorTocal Settings\Temp\XPgrpwise\49B779... 03/13/2009਍ഀ COMMUNITY DEVELOPMENT ROUTING FORM਍ഀ Routed To:਍ഀ PW/ Fire਍ഀ Date Routed:਍ഀ 03/04/09਍ഀ Routed B :਍ഀ Nicole Peterson਍ഀ Date Due:਍ഀ 03/11/09਍ഀ Project Name: Pinos Del Norte਍ഀ Project DRB 09-0039਍ഀ Activity਍ഀ Description of work: Entryway addition and rebuild ski lockers਍ഀ Address:਍ഀ 600 Vail Valle Drive਍ഀ Legal:਍ഀ Lot: Subdivision: Pinos Del Norte਍ഀ Status:਍ഀ ❑ Approved ❑ Approved with conditions x❑ Denied਍ഀ Comments:਍ഀ i f-l Firs ninnartmant Icsi iac਍ഀ v਍ഀ Date Reviewed: 3/1009਍ഀ Provide Vail Resort approval letter, for proposed new walkway to bike ath/Vail Valle Drive਍ഀ W is requesting new proposed sidewalk tie into bike path, instead of at the intersection of bike਍ഀ path and sidewalk along Vail Valle Drive. -਍ഀ D- fevn = %oi.਍ഀ A PW Permit and Bond will be required if any use of path is needed during construction of new਍ഀ walk way.਍ഀ Driveway entrance: No additional 4 ft concrete pans will be required on Driveway, however if਍ഀ driveway is scheduled to be heated, a section of area between the sidewalk and driveway will਍ഀ riot be allowed to be heated. (Width of unheated section is determined based on material used)਍ഀ Please show on site plan.਍ഀ ny heated portion of driveway within TOV ROW will require it to be on a separate zone and਍ഀ marked at control box, lease show on site plan.਍ഀ A revocable Right of Way permit will be required for an improvements within ROW.਍ഀ RWS District is going to be working in this area, around a week worth of work. Coordination਍ഀ nd communication is required between the two contractors and TOV at all times.਍ഀ Isandoval਍ഀ 4਍ഀ ~਍ഀ aaa਍ഀ Nicole Peterson - Re: FW: Pinos del Norte਍ഀ From:਍ഀ Nicole Peterson਍ഀ To:਍ഀ Jennifer Mckelvie਍ഀ Subject:਍ഀ Re: FW: Pinos del Norte਍ഀ Page 1 of 2਍ഀ "Jennifer Mckelvie" <jmckelvie@vailarchitects.com> 03/19/2009 7:43 AM਍ഀ Jen McKelvie, LEED AP਍ഀ Fritzlen Pierce Architects਍ഀ Celehaating 30 Yeam of Transfomiaxi vau਍ഀ 1650 Fallridg• flood, Suite C-1਍ഀ Vail, CO 81657਍ഀ 970 476 8343਍ഀ www vadarchaaoclx com ~r.r, r r K r ,਍ഀ From: Rollie Kjesbo [mailto:rollie@nedbo.com]਍ഀ Sent: Thursday, March 19, 2009 7:38 AM਍ഀ To: Jennifer Mckelvie; William F. Pierce਍ഀ Subject: FW: Pinos del Norte਍ഀ From: Gerry Arnold [mailto:GERRYA@vailresorts.com]਍ഀ Sent: Tuesday, March 17, 2009 3:57 PM਍ഀ To: Rollie Kjesbo; Steve Walker਍ഀ Subject: Pinos del Norte਍ഀ Attached is the recorded License and Encroachment Agreement permitting the existing improvement and the਍ഀ new sidewalk and related improvements. I gave Steve three hard copies of the agreement. I believe this is਍ഀ what you need for Town of Vail processing.਍ഀ Gerry Arnold਍ഀ Director of Land Assets - Real Estate਍ഀ Vail Resorts Management Company਍ഀ P.O. Box 959਍ഀ 137 Benchmark Road਍ഀ Avon, Colorado 81620਍ഀ Direct Line: 970-754-2658਍ഀ Cell: 970-331-1898਍ഀ www.vailresorts.com਍ഀ www.snow.com਍ഀ VAIL"SORTSO਍ഀ EXTRAORDINARY RESORTS usBgo(a EXCEPTIONAL EXPERIENCESTM਍ഀ CONFIDENTIALITY NOTICE - This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information਍ഀ that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are਍ഀ hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained਍ഀ in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by਍ഀ about:blank 03/19/2009਍ഀ