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HomeMy WebLinkAboutVista Bahn Building Common Area 1lid V plan nin and Environmental Commission d . ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2 web: www.ci.vail.co.us PEC Number: PECO50058 Project Name: PEC Type: VISTA BAHN SANCTUARY CONVERS NIGHT Project Description: OR A CONDITIONAL USE PERMIT TO CONVERT TO A RESIDENTIAL D Prod FNAL APPROVAL F UNIT CLUB TO SKI STORAGE AND THE 4TH FLOOR FORM A NI Participants: OWNER REMONOV & CO INC 07/11/2005 PO BOX 1888 EDWARDS CO 81632 G SERVICES, IN07/I1/2005 Phone: 328-629 APPLICANT KNIGHT PLAN!�IN PO BOX 947 EAGLE CO 81632-09 CONTRACTOR W.E. O'NEIL CONSTRUCTION COM07/11/2005 Phone: (303) 238-790 14062 DENVER WEST PKWY SUITE 240 GOLDEN COLORADO 80401 License: 319-A Location: VISTA BARN LOFT Project Address: 333 BRIDGE ST VAIL Legal Description: Lot: C Block: 2 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101- 082 - 4200 -1 Comments: Withdrawn per letter BOARD /STAFF ACTION Action, WITHDRWN Motion By' Date of Approval: Second By: Meeting Date: Vote: Conditions: Cond: 8 plans may be made without the written consent of Town of (PL No changes to these e review committee(s). o es Vail staff and /or the app p Cond:30 r 20 days following the date of PEC approval shall not be not become valid fo approval. PEC Fee Paid: $650.00 Planner: Warren Campbell MEMO RANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 8, 2005 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12 -713-5, Permitted and Conditional Uses; Above Second Floor, at Vail Town Code, to allow Lot C, Block 2, private Filing 1 and setting 333 Hanson Ranch Road forth detail in regard thereto. (PEC 05 -0058) Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell 1. SUMMARY The applicant, Remonov and Company, Inc., represented by Knight Planning Services, and Inc., is requesting a conditional use permit as outlined in for opera of a Conditional Use; Above Second Floor, Vail Block 2, Vail Village Filing 1. private club, located at 333 Hanson Ranch Road /Lot C, Block operate a private ski The conditional use permit is requested to allow the applicant club on the third floor of the Vista Bahn Building t e in crit current outlined an Sec n Sanctuary of this Night Club. Based upon Staffs review o memorandum and the evidence and testimony prsubjectdtohthe findingstandecolnditions Department recommends denial of this q application is for a noted in Section Vlll and not aepr�atedcl b l within the h regpest as 63.5% of commercial ski club the floor area is devoted to ski lockers properties m zo r ned Commer al I pe or conditional use on t district. Does the Planning and Environment SI co mmercial skestorage?t the proposal is for a private club or is it better defined a II. DESCRIPTION OF THE REQUEST The applicant, Remonov and Company, Inc., represented by Knight Planning Services, and Inc., is requesting a conditional use permit as own Code, to forBhe operation Permitted of a Conditional Use; Above Second Floor, Vail is attached for reference private club which includes ski storage. A vicinity map (Attachment A). The applicant is proposing to convert the existing night club to a private ski club on the third floor which would conuni e area would a clpde to 20 a 8on se c storage of member's ski equipment. The loge light food fare, beverages including alcohol, a large screen TV, and internet access for members. Membership in the club would 3i2a3 lasting a feet full whah The total floor area of the space equ als approximately roximatel 470 square square feet, 63.5 %, is identified as ski lockers and storage. Ap for membership and feet is devoted to providing the amenities identified by the app 703 square feet is devoted to restrooms, hallways, and stairs. A copy of the applicant's application describing the club is attached as well as reduced floor plans (Attachment B). oor Staff believes that although the propooaalland for lockers private causes this that propos fael area of approximately 63.5% to ski storage n of the definition of "Commercial Ski Storage". as a P`leuasi- public'eski club pre votlsty Io commercial ski storage. Although there q on the third and fourth floors all the ski storage h is identifie as within the basement of the Vista Bahn 9 where ski storage permitted use within the Commercial Core I zone district. On September 26, 1989, the Planning and Environmental Commission (PEC) unanimously approved a request to amend the Commercial Core I (CC1) zone district to include commercial ski storage as a permitted sage of Ordinance 26, I Senes of a structure. This approval became effective with the pas storage on floors other than the of 1989. It was the belief that come tal the goal of creating dynamic retail store "basement' or "garden level" was detrim fronts in the Vail Village. Through this approval process it was deemed that floors above the "basement" or "garden level" were not appropriate for commercial ski storage. Currentl the only location within the CC1 zone district which permits commercial ski Y� storage is the "basement or garden level" of a structure. III. BACKGROUND On September 26, 1989, the Planning and Environmental Commission (PEC) unanimously approved a request to amend the Commercial Core I zone district to include commercial ski storage as a permitted use in the "basement" or "garden levels" of a structure. This approval became effective with the passage of Ordinance 26, Series of 1989. Use On October 9, 1995, a worksession was with the PEC intended discuss the club be l a ' �`private' Permit request. At that time, the applicant club. The PEC was not receptive to the idea of a private c explore of leage the In negative precedent that may set and l dtramedded applicant cant t tended operations of the club so response to that direction, the app applicant indicated that the public that the club would now be open to the public. The app would be able to avail themselves of a m the options a basis, a daily, the public could rent ski lock ers weekly or monthly access fee to use all, or a portion of, the club amenities, or pay a full membership fee and accompanying annual dues. The applicant has also pointed out that the liquor license associated with clu will the same as those granted to public restaurants and will not be a private q On November 27, 1995, a conditional use permit was approved by the PEC to operate a of "quasi- public" ski club on the third and fouen f l It was d ned that apriaate ski A l l cl b storage for the club occurred in the basem was similar in use to an eating and drinking establishment which is a conditional use within CC1 on the second floor and above. On March 15, 2001, a letter was written by staff confirming that a new conditional use permit was not need for the conversion of the "quasi- public clubto a bar/night club. pr It oposed was determined that the existing conditional use permit was applicable new use was of the same type. K applicant was approved to convert the fourth floor taff of t it is In Jul y of 2005 the ted approved by dwelling unit from the existing night club. application met all zoning requirements. use within the CC1 zone district and the app IV. REVIEWING BOARD ROLES Order of Review: Generally, conditional use permit applications will be reviewed by the Or accompanying design review Planning and Environmental Commission, Design Review Boardy accomp Y g application will be reviewed by Plannin and Environmental Commission: royal, approval The Planning and Environmental Commission ! userpepmit applionsible on, npaccordance with with modifications, or denial of a conditional Chapter 12 -16, Conditional Use Permits, Vail Town Code. Desian Review Board: review l The Design Review Board has no authority s responsible for the finalsapp , permit roy ov a Th 9 1, application. However, the or igniaRofiew a� i com p anyi g design review application. approval with modifications Town Council: eals from any decision, The Town Council has the authority to hear and decide app n of the Planning determination, or interpretation by the Planning an ca Environmental omm up a decision and /or Design Review Board. The Town Council may also and Environmental Commission and /or Design Review Board. Staff: application review process. Staff reviews the submitted The Town Staff facilitates the app l compliance appropriate application materials for completeness and genera with the app p rovides the Planning and Environmental requirements of the Town Code. Staff also p application; the Town Commission a memorandum containing to description the criteria and background of the findings outlined by an evaluation of the application m regard Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS A. Town of Vail Zoning Regulations Chapter 12 -2: Definitions: snowboards, boots COMMERCIAL SKI STORAGE: Storage for equipment (Skis, which is available to the and poles) and /or clothing used in skiing related sp orts , overnment organization cl public or members, operated by a business, and where a fee is charged four, hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is no charged, is not considered commercial ski storage. PRIVATE CLUB: An association of persons an be t n p rest es to members ad d m paying dues, uses of such premises g their guests. QUASI - PUBLIC: A use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. 3 Article 12 -713: Commercial Core 1 (CC1) District (in part) to provi 12 -78 -1: PURPOSE: The Commerci l Co a VaD�Village comme� al area, with its de sites and to maintain the unique character of th p edestrian mixture of lodges and commercial r e t 1 b District is intended to'ensul repadequatef environment. The Commercial Co ro riate to the permitted types o light, air, open space, and other amenities app p buildings and uses. The n and Design Consider District regulation prescribe be s to develop Urban Design Guide Plathe standards that are intended to ensure the mai on pede�r►panways and pu blic f the tightly clustered arrangements of buildings frontin s, and to ensure continuation of the building scale and architectural gr eenwa Y qualities that distinguish the Village. 12 -7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: °° arden level" shall be defined as that floor of a A. Definition: The "basement or g rade. building that is entirely or substantially below g B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 2. Personal services and repair shops, including the following: Barbershops Beauty shops Commercial ski storage Small appliance repair shops Tailors and dressmakers Travel and ticket agencies 12 -7B -5: PERMITTED AND CONDITIONAL be p ermitted on any floor above the ABOVE SECOND FLOOR: B. Conditional Uses: The following uses sh p ermitted or second floors above grade, subject to the issuan of this Titl d iti Any p e permit in accordance with the provisions of Chapter p ortion thereof, conditional use which eliminates any existing dwelling unit, or any shall require a conditional use permit. Such uses may include: 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars Coffee shops Fountains and sandwich shops IH Restaurants 7. Additional uses determined to be similar to permitted uses described in subsections 81 through 12 85o°ff th title, so long as they n provisions of section encourage vehicular traffic. 12 -7B -8: CONDITIONAL USES; FACTORS APPLICABLE: I a cons erng in accordance with chapter 16 of this title, an application permit within commercial core 1 district, the following development factors shall be applicable: A. Effects of vehicular traffic on commercial core 1 district. B. Reduction of vehicular traffic in commercial core 1 district. C. Reduction of nonessential off street parking. D. Control of delivery, pickup, and service vehicles. E. Development of public spaces for use by pedestrians. in F. Continuance of the various commercial, fain the pub of the commercial core 1 district s o as to area. G. Control quality of al core district so architectura as to design, maintain and he exist design in commerc character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. Chapter 12 -16: CONDITIONAL USE PERMITS essary 12 -16 -1: PURPOSE; LIMITAT Sale, specified use In order to permitted nn to achieve the objectives o districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and ess with respect to their effects intended to surrounding properties. compatibili and harmonious prescribed in this chapter i development between conditional uses 'n� he surrounding var►'o dis tricts may be permitted at large. Uses listed as conditional prescribe to ensure subject to such conditions and limitations as the town may p that the location and operation of the conditional ill not be detrimental to othea development objectives of the town properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -8: PERMIT APPROVAL AND EFFECT. Approval of a conditional use and permit shall lapse and become void if a build toward completion o the use construction not commenced and diligent pu for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. 5 VI. SITE ANALYSIS Commercial Core 1 District Zoning: eUse ter Plan Land Use Plan Designation: Village Current Land Use: Standard Allowed /Require Existin sq. ft. pro - - no change Development 5,000 sq. ft. 4,646 Lot Area: Setbacks: 0 ft. Per Vail Village no change no change Building Front: 0 ft. /2 ft. Building Sides: Urban Design 22 ft. no change Building Rear: Guidelines 21.5 ft. no change Rear Deck (south): 19 ft. no change Stream: 30 ft. Building Height: 60% at 33 ft. or less 60% at 33 ft. to 43 ft. 40% at 43 ft. or less no change no change 40% at 33 ft. 25 units /acre 1 units no change Density: 3,507 sq. ft. no change ft 3,716.8 sq. . GRFA: . ft 3,949 sq. ft. 3,716.8 sq. no change Site Coverage: 314.6 sq. ft. no change Per the Vail Village Landscape Area: Urban Design Guidelines 32.996 spaces* no change 27.596 spaces Parking: the site has provided funds to cover the 32.996 spaces *Throu h the pay -in -lieu program 9 by this project in 1997. required SURROUNDING LAND USES AND ZONING VII. Lan__ Zonin Commercial Core 1 District Mixed Use North: Agricultural & Open Space District Open Space South: Outdoor Recreation District Open Space Core 1 District East: Mixed Use SDD #31 (Commercial West: VIII. CRITERIA AND FINDINGS d b the Town Code. The this nature are e The review criteria for a request ° within the CommercialbCoreI permit m accordance zone district. Therefore, proposed private club is located with this proposal is subject to the issuance Code conditional use the provisions of Chapter 12 -16, Vail W `^ A. consiae�a��.,�� .... �_ -- 1. Relationship and impact of the use on the development objectives of the Town. Staff is not in su pport of the proposed use of the third floor of the Vista approximately 63.5% (2040 sq. ft.) of Bahn Building as a private club as the entire floor is devoted to ski storage and lockers thereby il request the t land use of commercial ski storage. Per the applicants would equate to up to 280 ski lockers. Staff believes what is being proposed is a commercial ski storage operation with accessory uses such as a lounge, internet service and light food for its members. The 470 square feet devoted to amenities of the membership could potentially accommodate 31 members of the club which is only 11.1% of the maximum number of potential 280 members, potentially more if the proposed lockers are utilized by more than one individual, as the Town of Vail Building Code would allow for one occupant for each 15 gross square feet. Staff believes that this minimal number of club members which could fit into the area with the amenities proposed displays that the subordinate use is the actual functioning area of the private club. This proposal fails to advance the goals of the horizontal zoning found within the Commercial Core I zone district. As was stated previously a commercial ski storage business is only permitted in the "basement" or "garden level' of a structure in the CC1 zone district. As commercial ski storage is not identified as a permitted or conditional use on the second floor or above staff feels that this application must be denied. 2. The effect of the c'il t es n uti tiesn schools, distribution and p retre n transportation fa at on , facilities, and other public facilities needs. The proposed use of acommercial flooski rlocker above, not therefore s staff cannot or conditional use on the second address the proposals impacts on this criterion. 3. Effect upon traffic with particular reference to congestion, flow and automotive and pedestrian neuverab lety, andemoval convenience, traffic of snow from the control, access, ma street and parking areas. The proposed use of a the second commercial flooski rlocker above, therefore s a permitted or conditional use on staff cannot address the proposals impacts on this criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed use of acommercial flooski rlocker above, not therefore s st staff cannot permitted or conditional use on the second address the proposals impacts on this criterion. 7 B. Additional Criteria for consideration of Conditional Use Permit applications in the CCI Zone District In addition to the standard Conditional Use Permit Criteria and Findings listed in paragraphs A and B above, applications for a Conditional Use Permit within the CC1 zone district must address the following additional development factors: 1, Effects of vehicular traffic on Commercial Core I District; The proposed use o on a the second commercia floo l oc k er above, a s therefore e st ff cann or conditional use ol address the proposals impacts on this criterion. 2. Reduction of vehicular traffic in Commercial Core 1 District; The proposed use of a the second commercial flooski rlocker or above, therefore s a permitted or conditional use on staff cannol address the proposals impacts on this criterion. 3. Reduction of nonessential off - street parking; The proposed use o n a the second commercial flooski rlocker above, or conditional use o therefore staff cannot address the proposals impacts on this criterion. 4. Control of delivery, pick -up and service vehicles; The proposed use o n the a secornd loc or efo e listed staff cannot o conditional use o address the proposals impacts on this criterion. 5. Development of public spaces for use by pedestrians; The proposed use of a the second commercial fl floor ski or locker above� therefore s staff cannot or conditional use on address the proposals impacts on this criterion. g. Continuance of t various Co a I Distr ct so as to dmaintain and he existing in Commercia character of the area; a permitted The proposed use on the second a I fl floor ski or locker above, not therefore s tall cannot or conditional use o address the proposals impacts on this criterion. 7. Control quality of construction, architectural design, and landscape design in Commercial Core 1 District so as to maintain the existing character of the area; The proposed use of a commercial floo r or above locker � therefore as staff can not or conditional use on the second address the proposals impacts on this criterion. W g. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core I District. The proposed use of on second commercial ski locker or s permitted staff cannot or conditional u address the proposals impacts on this criterion. IX. X. C. . That the proposed location of the use is not in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would not comply with each of the applicable provisions of the conditional use permit section of the zoning code. The Community Development Department recommends that the Planning and Environmental Commission deny the applicant's request for a conditional use permit, , Vail pursuant to Section, 12 -7B -5, Permitted and Conditional lub, located at 333 Hanson Ranch Town Code, to allow for the operation private is based Road /Lot C, Block 2, Vail Village Filing 1 i . S taff's r Vll mm this and evidence upon the review of the criteria described and testimony presented. Should the Planning and Environmental Commission choose to deny the applicant's request, staff recommends that the following findings be made as part of a motion: The Plan iing and Environmen findings before granting a conditional use permit: 1. That the proposed i conditional use permit of the co section of the zoning code and the purposes of the Commercial Core I Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed e e will om pi o n of the zoning of the applicable provisions of the condition permit STAFF RECOMMENDATION ATTACHMENTS A. Vicinity Map B. The applicant's request dated July 2005 C. Public Notice E 0 ■m r 0 . O 6 IU6 Cr 4! c 3 � o c N 4) O W v. C x �. © Cq O * 1 am j Z U• CO �. .m We ■m s C C b J Attachment: A rid �m- g � E g� n m $ D d � ; 00� x � E m m� j m v 3 Da N C7 > > 3 o F E 0 0 II LL 0 Vlanning se rvices, inc. Vista Bahn Building Conditional Use Permit _91 Planning and Environmental Commission July 2005 Revised Attachment: B box 947 - eagle, co 81631 - veil 28 6299 - fax 970.328.6254 Ma • services, inc. I• I • 0 0 July 11, 2005 Mr. Warren Campbell, Planner Town of Vail Development Department of Community P 75 South Frontage Road Vail, CO 81657 Re: Conditional Use Permit / Vista Bahn Building Dear Warren, we have previously discussed, please find enclosed a Conditional Use Permit for the third floor of the Vista Bahn Building, at 333 Hanson Ranch Road. , cations, on this proposed modification to the uses of the Vista Bahn As wi th the P ast app li further issues that may arise during Building, we intend to work closely utions. with staff ti any the planning process to find appropriate resol oun of $650-00 to cover Knight Planning Services, Inc. has enclosed a c heck ha also encloased envelopes an d appropriate the fees of the Conditional Use Permit. We po for notification of adjacent property wners. forward to working w ith You once again on this Conditional Use P hrmit e do on this I look not hesitate to contact me with any q uestions or concerns that you mig ic�ue. I error WUY III Knight Planning Services, Inc. Enclosures cc: Rick Mueller file box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6 kps ®vail.net Vista Bahn Buidling Conditional Use Permit Use Modifications IV. Introduction: prop osing to modify some of its uses through this is The Vista Bahn Building p p Conditional Use Application. The changes uludsbe internal modifications r only or of the existing building. These changes wo with the exception of access from the s uth d floor from ck. These nightclub back to modifications would include converts , g the th previous use, of ski storage. The fourthsloor residential the build n t u ld bs a use re from the current nightclub into a g cation. This is being b right and is not part f reformat conditional use application. li mentioned as a point therefore submitting this application for a Conditional Use Permit to We are floor and the creation of the Vista Bahn allow for the modification of the third Club that would manage the operation and facility. • I9 1• • Conditional Use Permit Vista Bahn Building July 2005 Town of Vail Conditional Use Permit Vista Bahn Building 333 Hanson Ranch Road V. Submittal Requirements: A. Applicant's Identity Remonov & Company Rick Mueller P.O. Box 1888 Edwards, CO 81632-1888 970 - 926 - 970 -926 -6227 Facsimile Applicant's Representative: Terrill Knight Knight Planning Services, Inc. P.O. Box 947 Eagle, CO 81631 -0947 1• 1• 1• • 970- 328 - 970- 328 -6254 Facsimile kps @vail.net B. Adjacent Property Owners: of the property Stamped, addressed he subject elo s propertytincluding properties owners adjacent to behind and across streets. A list of adjacent property owners as of June 30, 2005 is enclosed as Exhibit , A Also included with this exhibit is an Eagle County Tax Map. Addressed envelopes with postage ge for the adjacent property owners are also accompanying this submittal. 1 Conditional Use Permit Vista Bahn Building July 2005 • C. Title Report, including Schedules A & B. A current title report including Schedules A & B is attached to this submittal as Exhibit "B". D. Written approval from a condominium association, landlord and joint owner, if applicable. A letter of authorization from Rick Mueller of Remonov & Company, Inc. owner of the Vista Bahn Building is attached as Exhibit "C" to this submittal. E. A written statement addressing the following: ), Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. 1• 1• J The Vista Bahn Building is proposing to modify some of its uses through this Conditional Use Application.The changes of use would occur on the third floor of this building. These changes would be internal modifications only. These modifications would include converting the third floor from a nightclub back to the previous use, of ski storage. A maximum he of Vista Bahn Club facility available usage. T y wouldpro vide club ski storage and lounge area. The lounge area would include a concierge service, complementary after ski hor d'ouveres and light snacks with wine and beer. This area is anticipated to be a lounge facility, which could hold small special events such as wine and food tasting, as well as, small classes and lectures for members and some limited public use, as defined by Club regulations. A big screen ell, for small groupsldto be view available the lounge area porting events, etc. The lounge area for the club would also provide private • internet access, facsimile capability and small meeting facilities to encourage both business and recreational opportunities for its members. :7 2 Conditional Use Permit Vista Bahn Building July 2005 • '7 I• I• 0 The Tap Room currently at this location would handle catering facilities. This additional business to the Tap Room would help solidify the "locals favorite" bar to continue operation. ge service would provide and In addition, the concier and facilitate a pick up service for rsonal service I o fpick up repair. They would also pro p and deliveries of other related articles be for members guests. A shower facility would e This proposed change to the third f t o r w o l nose ss the concern voiced at previous h g impacts, based on nightclub ent of this This concern would be with a eliminated by the replacem members club. The Vista Bahn Club is proposing a year around facility, based on down hill and cross - country skier services in the winter. The summer months nterlactivities o of hiking, tennis, that participate in the n o fishing, concerts, etc. The primary market for Club membership would be directed s, Lake Creek, to the down valley residents of, This marketdwould help to Cordillera, Red Sky Ranch, etc.) the Town of bring these residents of the valley back offered by t e Vail to enjoy the many enmities Town and it's businesses. To facilitate and improve access e n h the thi d fourbh rs c lub area, the interior stairs all closer floors would be relocated from he east w .This is to the front access point from Ha demonstrated on the building remodel plans, attached to this application as Exhibit "C" The location of the Vista Bahbuilding he Town the of Vail Zoning Commercial Core 1 (CC1) of Vail. As stated Regulations (Section 12-713-1) character of provide sites and to maintain the unique Vail Village commercial area, aithr dominantly pedestrian d commercial establishments in p goal of environment. The Vista l the Vail Village commercial providing a unique character to area. 3 Conditional Use Permit Vista Bahn Budding July 2005 • The Town is encouraging and promoting the improvement and redevelopment of the core area of a il. T land be ing accomplished, through the upgrading, maintenance of existing commercial facil The tooan po sed modifications of the building are an impro existing structure that fits well willnlott of only the Village core area. These improve the functionality f down valley residents , it will and resort increase the satisfaction guests while helping to bring this market back into the core area of Vail. The fact that the Vista Bahn building and the proposed Vista Bahn Club is in direct proximity to the Pirate Ship Park and Vista Bahn lift will only help to create and reinforce a center of activity and vitality for that area of he mo untain. Front Door is located to the east of the recently app Project that will also e on o mer 9 al and and gue s at the and an expansion of c base of the mountain. �ai� Village s Master Plan Ch ance with Section 2.3 of the states, "Encourage a wide variety of activities, events and street life along pedestrian ways and plazas." 1• 10 • Section 12 -16 -6: The relationship and impact of the use on development objectives of the Town. 2. The proposed use clearly goals and objectives of: meets the Vail Village Master Plan ➢ Recognizing the variety of land uses found throughout the Village and allow for development. ➢ Encouraging the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of guests. ➢ Encouraging a wide variety of activities, events and street life along pedestrian ways and plazas. 4 Conditional Use Permit Vista Bahn Building July 2005 • 3, The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The modifications to the third floor of the building would not have any negative effect on the light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. No exterior changes to the building are proposed. • 4, The effect upon traffic, with particular reference dtc nvenience, congestion, automotive and pedestrian safety traffic flow and control, access, man euverability, and removal ' of snow from the streets and parking There would be no negative effect upon hich fee have m odifications. The demand on parking, previously been paid, will be reduced. Bridge Street is a pedestrian area. The modification and addition of the Vista Bahn Club will only enhance the desired s and local tscape atmosphere by encouraging g dine and residents to remain in the core village to shop, enjoy year activities around. 5, The effect upon the character of the area in which the proposed use is to be located, o surrounding scale and bulk of the proposed use in relation There are many positive aspects of this proposal. The character of the area should be enhanced by the modifications of the Vista Building and the creation of the Vista Bahn Club. This proposal is a natural extension to the Front Door project ° of the Siebert Circle and Bridge Building, Br dgeStgeet well as to the vitality This area clearly meets the Master Plan goals of upgrading, renovating and maintenance of existing commercial facilities the 'resortt better hemodifications mmunity and guests o provide positive amenities to this area. As ease of use, access, convenience and service continue to be the main goals of both the encourage downa ley alike. conveniences would participants to Conditional Use Permit Vista Bahn Building July 2005 • more actively visit and participate in activities within the Town of Vail. LI 1• 1• 1• F. Existing and proposed site and grading plans (Four complete sets of plans). Full size existing site plans are provided under separate cover. 8.5" x 11" copies are provided in Exhibit "D" of this submittal. No proposed changes to the exterior of the building are proposed with these modifications. No grading or drainage will occur with the Conditional Use Permit. G. Existing and proposed architectural elevations (Four complete sets of plans). No exterior modifications to the building are proposed. H. Existing and proposed architectural floor plans (Four complete sets of plans). Full size existing and proposed architectural floor plans are provided under separate cover. 85' x 11" copies are provided in Exhibit "E" of this submittal. 1, All plans must also be submitted in 8.5" X I I" reduced format. All plans are submitted in Exhibits 1" format. & °EThese plans are also found in the submittal 12 -78 -8: Applicable Factors: A. Effects of vehicular traffic on commercial core 1 district. Due to the nature of the requested Conditional Use Permit, for the third floor of the Vista Bahn building, the impact on traffic is expected to be lessened. evening e traffic of nightclub. iElect the daily ski traffic rather t han 9 6 Conditional Use Permit Vista Balm Building July 2005 41 B. Reduction of vehicular traffic in commercial core 1 district. The ski club facility is planned as a service and convenience for skiers who are members of the club. Therefore, there is no anticipated increase in traffic. C. Reduction of nonessential off street parking. As noted in 12- 7B-$CO, conditional use permit would indicate no l rlated vehicular use. Thi nd change in the parking needs. D. Control of delivery, pickup, and service vehicles. The physical supply and delivery needs of the ski locker facility will be greatly reduced, as compared to the existing nightclub. As a result no additional pick up or delivery area is needed. E. Development of public spaces for use by pedestrians. Public space for pedestrians has been well provided for with the existing design of the Vista Bahn building. In fact one of the well used access ways to the Vista Bahn Lift crosses this property. This will not be affected by the proposed Conditional Use Permit activities. F. Continuance of the various commercial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. As no changes to the exterior of the existing building are proposed, the effect on maintenance of the character of the existing building is ensured. The Vista Bahn building is indeed a key visual element both of the traditional village center area and the new "Front Door" improvement project. Recently, major exterior improvements have been made to the building as ntinue to approved by the Town. it is a goal of the applicant to be an important element of the core of the Village. G. Control quality of construction, architectural design and landscape design in commercial core 1 district so as to maintain the existing character of the area. Similarly, the desire to ensure the highest quality building and landscaping presentation will continue. Not only has the site been both well maintained and improved, but public art has been installed on public land adjacent to this site, at the owner's 7 Conditional Use Permit Vista Bahn Building ` July 2005 I� expense. Indeed this structure is an integral part of the existing character of the area. H. Effects of noise, order dust, smoke, and other factors on the environment of commercial core 1 district. Previously, noise has been an issue throughout the Village core, as well as with this building. Indeed the existing nightclub uses, as approved by the Town have been under scrutiny for this reason. Specific conditions were established for the existing nightclub use by means of the Town approval. By the conversion of the third floor of the building from a nightclub use to a members ski club, the noise impact will be greatly reduced. The noise issue will be substantially eliminated; particularly late at night. 8 Conditional Use Permit Vista Bahn Building July 2005 Third Floor - Floor Plan ud ! '- � LL _ _ /�`�--'--- RW, TOWN 4 VAIL 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 August 8, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance, from Section 12 -6F -6, Setbacks, 12 -6F -9, Site Coverage, 12- 6F -10, Landscaping and Site Development, 12- 6F -11, Parking, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a residential addition, located at 4110 Spruce Way /Lot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett A request for a final review of a conditional use permit, pursuant to Section 12 -713-5, 01 ` 7 Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the +�-2 operation of a private club, located at 333 Hanson Ranch Road /Lot C, Block 2, Vail Village Filing 1, and setting forth detail in regard thereto. li Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Hotel, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a reduction in the total number of dwelling units and fractional fee club units in the hotel; a decrease in building height at the northwest corner of the building, and a reduced setback requirement, located at 28 S. Frontage Road and 13 Vail Road /Lots 9A& 9C, Vail Village Filing 2, and setting forth details in regard thereto. Applicant: Vail Development L.L.C., represented by Zehren Associates, Inc. Planner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970 - 479 -2138 for additional information. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published July 22, 2005, in the Vail Daily. Attachment: C .t, Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: Location of the Proposal: Lot: C_ Block: 2 Subdivision: Vail Village, 1st Fi ling Physical Address: 333 Ha nson Ranch Road (Vista Bahn Buildina Parcel No.: 2101 -082-42-0 _ (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.) Zoning: _ Name(s) of Owner(s): Mailing Address: P n Box 1 888 Fc3war-ds_, Co 81 632 -1 888 Ph ne: 970 - 328 -6 226 Owner(s) Signature(s): ° r`' OX r 'A' Name of Applicant: n Mailing Address: p .O. Box 947 Eagle, CO 81 631 -0947 Phone: 9:70 - 322 6299 - O T O N C 14 1 00 presentativ( E-mail Address: kps@vail.net Fax 970 - 328 -625 For Office T,C)gly: �la� Aft-1 �'�" n�irlNlt� �W Fee Paid: �? o.: By: Meeting Date: 8 �$ �d L PEC No.: Planner: r Project Page 1 of 5- 04/01/04 h JUL 1 1 2005 T ®V- COM.D itional Use Permit $650 • Rezoning $1300 ., $400 • Major Subdivision • Minor Subdivision $1500 $650 . rl dpl- 0 Minor Exterior Alteration $650 • Exemption Plat $650 Major Exterior Alteration $800 $1500 • Minor Amendment to an SDD • New Special Development District $1000 $6000 6 Development Plan a Amendment to a Development Plan $250 • Major Amendment to an SDD $6000 a Zoning Code Amendment $1300 $ 500 • Major Amendment to an SDD $1250 0 Variance $ 200 (no exterior modifications) • Sign Variance Description of the Request: Th, s CQndi Usp permit is request i na modifications to the uses of the Vista Bahn Building. Location of the Proposal: Lot: C_ Block: 2 Subdivision: Vail Village, 1st Fi ling Physical Address: 333 Ha nson Ranch Road (Vista Bahn Buildina Parcel No.: 2101 -082-42-0 _ (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.) Zoning: _ Name(s) of Owner(s): Mailing Address: P n Box 1 888 Fc3war-ds_, Co 81 632 -1 888 Ph ne: 970 - 328 -6 226 Owner(s) Signature(s): ° r`' OX r 'A' Name of Applicant: n Mailing Address: p .O. Box 947 Eagle, CO 81 631 -0947 Phone: 9:70 - 322 6299 - O T O N C 14 1 00 presentativ( E-mail Address: kps@vail.net Fax 970 - 328 -625 For Office T,C)gly: �la� Aft-1 �'�" n�irlNlt� �W Fee Paid: �? o.: By: Meeting Date: 8 �$ �d L PEC No.: Planner: r Project Page 1 of 5- 04/01/04 h JUL 1 1 2005 T ®V- COM.D TOWN OF VAIL, COLORADO Statement Statement Number: R050001049 Amount: $650.00 07/11/200504:48 PM Payment Method: Check Init: JS Notation: 9104 /KNIGHT PLANNING SERVICES ----------------------------------------------------------------------------- Permit No: PECO50058 Type: PEC - Conditional Use Parcel No: 2101 - 082 - 4200 -1 Site Address: 333 BRIDGE ST VAIL Location: VISTA BAHN LOFT Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 planning �' services, inc. Vista Bahn Building Conditional Use Permit Planning and Environmental Commission July 2005 Revised box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps @vail.net I Vista Bahn Building Conditional Use Permit Table of Contents I. Cover Letter II, Application III. Vicinity and GIS Maps IV. I& Introduction of Project Submittal Requirements List of Exhibits: Exhibit A: Adjacent Property Owners & Tax Map Exhibit B: Disclosure of Ownership Exhibit C: Letter of Authorization Exhibit D: Site Plan Exhibit E: Architectural Floor Plans Exhibit F: Building Use Chart planning Ncl '�*' services, inc o # 9 July 11, 2005 Mr. Warren Campbell, Planner Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: Conditional Use Permit / Vista Bahn Building Dear Warren, As we have previously discussed, please find enclosed a Conditional Use Permit for the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road. As with the past applications, on this proposed modification to the uses of the Vista Bahn Building, we intend to work closely with staff on any further issues that may arise during the planning process to find appropriate resolutions. Knight Planning Services, Inc. has enclosed a check in the amount of $650.00 to cover the fees of the Conditional Use Permit. We have also enclosed envelopes and appropriate postage for notification of adjacent property owners. I look forward to working with you once again on this Conditional Use Permit. Please do not hesitate to contact me with any questions or concerns that you might have on this issue. F l errW &mgnt Knight Planning Services, Inc. Enclosures cc: Rick Mueller file box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps@vail.net ■ Application for Review by the Planning and Environmental Commission V 1`tt Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: • Rezoning $1300 0 Conditional Use Permit $650 $400 • Major Subdivision $1500 $650 0 Floodplain Modification 0 Minor Exterior Alteration $65 • Minor Subdivision • Exemption Plat $650 0 Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 Development Plan $1500 $250 • New Special Development District $6000 Amendment to a Development Plan • Major Amendment to an SDD $6000 Zoning Code Amendment $1300 $500 • Major Amendment to an SDD $1250 Variance $200 (no exterior modifications) • 5'9 n Variance Description of the Request: Thi G Con ditional Use Permit is requesting modi fications to the uses of the Vista Bahn Building. _ Location of the Proposal: Lot: C Block: 2 Subdivision: Vail Village, 1st Fi ling Physical Address: 333 Hanson Ranch Road (Vista Bahn Building) Parcel No.: 2101 -082-42-0 _ (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning: Name(s) of Owner(s): Mailing Address: P - 0 - Box 1888, Fr3wards r ('0 81 Fi32 -1 888 Ph ne: 970 "128 6226 Owner(s) Signature(s): �' ° "� hex Name of Applicant: K ht Plannin Services Inc . presentativ A licant' s Re Mailing Address: P.O. Box 947 Eagle, CO 81 631 -0947 Phone. 97 -62 E -mail Address: kps@vail.net Fax 970- 328 -6254 For Office Use Only: Fee Paid: — Check No.: By: Meeting Date: PEC No.: Planner: Project No.: Page 1 of 5- 04/01/04 Vicinity Map Vail Exit Inters 70 Fro a Road 4 Town of Vail 4 Site North No Scale Subject Site Hanson Ranch Road ViciriftyMap , T" Legend Seiected Features Copyright 2004 f/ Streets Eagle County GIS PO Box 8W Ej Parcels Eagle, CO 81631 1998 Aerial Photos DISCLAIMER : This map eras created by the Eagle County GIS Department. Use of this map should be for general purposes only. Eagle County does not warrant the accuracy of the data contained herein. Vista Bahn Buidling Conditional Use Permit Use Modifications IV. Introduction: The Vista Bahn Building is proposing to modify some of its uses through this Conditional Use Application. The changes of use would occur on the third floor of the existing building. These changes would be internal modifications only with the exception of access from the south second floor deck. These modifications would include converting the third floor from a nightclub back to the previous use, of ski storage. The fourth floor of the building would be renovated from the current nightclub into a single residential unit. This is a use by right and is not part of the conditional use application. This is being mentioned as a point of information only. We are therefore submitting this application for a Conditional Use Permit to allow for the modification of the third floor and the creation of the Vista Bahn Club that would manage the operation and facility. Conditional Use Permit Vista Bahn Building July 2005 Town of Vail Conditional Use Permit Vista Bahn Building 333 Hanson Ranch Road V. Submittal Requirements: A. Applicant's Identity Remonov & Company Rick Mueller P.O. Box 1888 Edwards, CO 81632 -1888 970 - 926 -6226 970- 926 -6227 Facsimile Applicant's Representative: Terrill Knight Knight Planning Services, Inc. P.O. Box 947 Eagle, CO 81631 -0947 970- 328 -6299 970 - 328 -6254 Facsimile kps@vail.net B. Adjacent Property Owners: Stamped, addressed envelopes and a lost of the property owners adjacent to the subject property, including properties behind and across streets. A list of adjacent property owners as of June 30, 2005 is enclosed as Exhibit "A ". Also included with this exhibit is an Eagle County Tax Map. Addressed envelopes with postage for the adjacent property owners are also accompanying this submittal. 1 Conditional Use Permit Vista Bahn Building July 2005 C. Title Report, including Schedules A & B. A current title report including Schedules A & B is attached to this submittal as Exhibit "B ". D. Written approval from a condominium association, landlord and joint owner, if applicable. A letter of authorization from Rick Mueller of Remonov & Company, Inc. owner of the Vista Bahn Building is attached as Exhibit "C" to this submittal. E. A written statement addressing the following: 1. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. The Vista Bahn Building is proposing to modify some of its uses through this Conditional Use Application.The changes of use would occur on the third floor of this building. These changes would be internal modifications only. These modifications would include converting the third floor from a nightclub back to the previous use, of ski storage. A maximum of 280 lockers would be available for patron usage. The Vista Bahn Club facility would provide club ski storage and lounge area. The lounge area would include a concierge service, complementary after ski hor d'ouveres and light snacks with wine and beer. This area is anticipated to be a lounge facility, which could hold small special events such as wine and food tasting, as well as, small classes and lectures for members and some limited public use, as defined by Club regulations. A big screen television would be available in the lounge area as well, for small groups to view sporting events, etc. The lounge area for the club would also provide private internet access, facsimile capability and small meeting facilities to encourage both business and recreational opportunities for its members. 2 Conditional Use Permit Vista Bahn Building July 2005 The Tap Room currently at this location would handle full catering facilities. This additional business to the Tap Room would help solidify the "locals favorite" bar to continue operation. In addition, the concierge service would provide and facilitate a pick up service for skis, to include tuning and repair. They would also provide personal service of pick up and deliveries of other related articles for its members and guests. A shower facility would be available for members. This proposed change to the third floor would address the concern voiced at previous hearings involving noise impacts, based on nightclub use. This concern would be eliminated by the replacement of this space with one with a members club. The Vista Bahn Club is proposing a year around facility, based on down hill and cross - country skier services in the winter. The summer months would cater to those clients that participate in the non - winter activities of hiking, tennis, fishing, concerts, etc. The primary market for Club membership would be directed to the down valley residents of, Avon, Edwards, Lake Creek, Cordillera, Red Sky Ranch, etc.) This market would help to bring these residents of the valley back into the Town of Vail to enjoy the many enmities and venues offered by the Town and it's businesses. To facilitate and improve access to the third floor members club area, the interior stairs between the third and fourth floors would be relocated from the east wall closer to the front access point from Hanson Ranch Road. This is demonstrated on the building remodel plans, attached to this application as Exhibit "E ". The location of the Vista Bahn building is in the Commercial Core 1 (CC1) of Vail. As stated in the Town of Vail Zoning Regulations (Section 12 -713-1) the CC1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Vista Bahn Club clearly meets this goal of providing a unique character to the Vail Village commercial area. 3 Conditional Use Permit Vista Bahn Building July 2005 The Town is encouraging and promoting the improvement and redevelopment of the core area of Vail. This is being accomplished, through the upgrading, renovation and maintenance of existing commercial facilities. The proposed modifications of the building are an improvement to an existing structure that fits well within the revitalization of the Village core area. These modifications will not only improve the functionality of the current building, it will increase the satisfaction of down valley residents and resort guests while helping to bring this market back into the core area of Vail. The fact that the Vista Bahn building and the proposed Vista Bahn Club is in direct proximity to the Pirate Ship Park and Vista Bahn lift will only help to create and reinforce a center of activity and vitality for that area of the mountain. It is located to the east of the recently approved Front Door Project that will also encourage and provide revitalization and an expansion of commercial and guest services at the base of the mountain. This proposal is also is accordance with Section 2.3 of the Vail Village Master Plan, which states, "Encourage a wide variety of activities, events and street life along pedestrian ways and plazas." Section 12 -16 -6: 2. The relationship and impact of the use on development objectives of the Town. The proposed use clearly meets the Vail Village Master Plan goals and objectives of: ➢ Recognizing the variety of land uses found throughout the Village and allow for development. ➢ Encouraging the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of guests. ➢ Encouraging awide variety of activities, events and street life along pedestrian ways and plazas. 4 Conditional Use Permit Vista Bahn Building July 2005 3. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The modifications to the third floor of the building would not have any negative effect on the light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. No exterior changes to the building are proposed. 4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. There would be no negative effect upon traffic with these modifications. The demand on parking, which fees have previously been paid, will be reduced. Bridge Street is a pedestrian area. The modification and addition of the Vista Bahn Club will only enhance the desired streetscape atmosphere by encouraging guests and local valley residents to remain in the core village to shop, dine and enjoy year activities around. 5. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are many positive aspects of this proposal. The character of the area should be enhanced by the modifications of the Vista Building and the creation of the Vista Bahn Club. This proposal is a natural extension to the Front Door project to the west of the Vista Bahn Building, as well as to the vitality of the Siebert Circle and Bridge Street. This area clearly meets the Master Plan goals of upgrading, renovating and maintenance of existing commercial facilities that better serve the community and guests of the resort. The modifications provide positive amenities to this area. As ease of use, access, convenience and service continue to be the main goals of both the Town, visitors and locals alike. These conveniences would encourage down valley participants to Conditional Use Permit Vista Bahn Building July 2005 more actively visit and participate in activities within the Town of Vail. i• F. Existing and proposed site and grading plans (Four complete sets of plans). Full size existing site plans are provided under separate cover. 8.5" x 11" copies are provided in Exhibit "D" of this submittal. No proposed changes to the exterior of the building are proposed with these modifications. No grading or drainage will occur with the Conditional Use Permit. G. Existing and proposed architectural elevations (Four complete sets of plans). No exterior modifications to the building are proposed. H. Existing and proposed architectural floor plans (Four complete sets of plans). Full size existing and proposed architectural floor plans are provided under separate cover. 8.5" x 11" copies are provided in Exhibit "E" of this submittal. 1. All plans must also be submitted in 8.5" X 11 " reduced format. All plans are submitted in 8.5" x 11" format. These plans are also found in the submittal as Exhibits "D" & "E ". 12 -78 -8: Applicable Factors: A. Effects of vehicular traffic on commercial core I district. Due to the nature of the requested Conditional Use Permit, for the third floor of the Vista Bahn building, the impact on traffic is expected to be lessened. The traffic pattern will reflect the daily ski traffic rather than evening traffic of a nightclub. 6 Conditional Use Permit Vista Bahn Building July 2005 B. Reduction of vehicular traffic in commercial core 1 district. The ski club facility is planned as a service and convenience for skiers who are members of the club. Therefore, there is no anticipated increase in traffic. C. Reduction of nonessential off street parking. As noted in 12- 7B -8.C, there will be no change in the skier related vehicular use. This conditional use permit would indicate no change in the parking needs. D. Control of delivery, pickup, and service vehicles. The physical supply and delivery needs of the ski locker facility will be greatly reduced, as compared to the existing nightclub. As a result no additional pick up or delivery area is needed. E. Development of public spaces for use by pedestrians. Public space for pedestrians has been well provided for with the existing design of the Vista Bahn building. In fact one of the well used access ways to the Vista Bahn Lift crosses this property. This will not be affected by the proposed Conditional Use Permit activities. F. Continuance of the various commercial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. As no changes to the exterior of the existing building are proposed, the effect on maintenance of the character of the existing building is ensured. The Vista Bahn building is indeed a key visual element both of the traditional village center area and the new "Front Door" improvement project. Recently, major exterior improvements have been made to the building as approved by the Town. It is a goal of the applicant to continue to be an important element of the core of the Village. G. Control quality of construction, architectural design and landscape design in commercial core 1 district so as to maintain the existing character of the area. Similarly, the desire to ensure the highest quality building and landscaping presentation will continue. Not only has the site been both well maintained and improved, but public art has been installed on public land adjacent to this site, at the owner's 7 Conditional Use Permit Vista Bahr Building July 2005 H. expense. Indeed this structure is an intei, character of the area. Effects of noise, order dust, smoke, and o environment of commercial core 1 distric Previously, noise has been an issue throughout the Village core, as well as with this building. Indeed the existing nightclub uses, as approved by the Town have been under scrutiny for this reason. Specific conditions were established for the existing nightclub use by means of the Town approval. By the conversion of the third floor of the building from a nightclub use to a members ski club, the noise impact will be greatly reduced. The noise issue will be substantially eliminated; particularly late at night. 8 Conditional Use Permit Vista Bahn Building July 2005 Exhibit "A" Adjacent Property Owners Tax Map VISTA BAHN ADJACENT PROPERTY OWNERS Revised: June 30, 2005 2101 - 082 -42 -001 Remonov & Co. 298 Hanson Ranch Road P.O. Box 1888 Edwards, CO 81632 2101- 082 -42 -008 Vail Corp. Hanson Ranch Road — VV5 Tract E P.O. Box 7 Vail, CO 81658 2101 - 082 -42 -009 Town of Vail Hanson Ranch Road — VV5 Tract H 75 S. Frontage Road Vail, CO 81657 2101- 082 -39 -004 Town of Vail c/o Finance Dept. 75 S. Frontage Road Vail, CO 81657 Red Lion Inn Condos 304 Bridge Street Vail, CO 81657 2101 - 082 -53 -007 —Unit R -1, Unit R -2 Oscar L. Tang 600 5 Avenue, 8 Floor New York, NY 10020 2101- 082 -53 -009 — Unit R -3 Top of the Bridge Corp. 1101 Brickell Avenue, Suite 800 -S Miami, FL 33131 2101 - 082 -53 -010 —Units C -1 - C -7 Landmark Commercial Dev. Co. 610 W. Lionshead Circle, Suite 100 Vail, CO 81657 Bridge Street Lodge 278 Hanson Ranch Road Vail, CO 81657 2101- 082 -69 -018 —Units S -5, 301, 308, 310 Arnold Bissegger Living Trust 2625 S. Atlantic Avenue 5 NE Daytona Beach Shores, FL 32118 2101 - 082 -69- 020 —Units S -8, S -11, 201, 202, 204 Robert & Nancy Bartels Revocable Trust 3426 S. Twyckenhain Dr. South Bend, IN 46614 2101- 082 -69 -001 —Units 100, 102 -A, 104, 105, 106 Riley -BSL LLC 228 Bridge Street Vail, CO 81657 2101- 082 -69 -002 —Units 101, 101 -A Colorado Ski Service, Inc. P.O. Box 2796 Vail, CO 81658 2 2101 - 082 -69 -004 — Unit 102 Rad Three LLC 228 Bridge Street Vail, CO 81657 2101- 082 -69 -006 —Unit 103 Karl & Ursula Hoevelmann 161 South Golden Drive Silt, CO 81652 2101- 082 -69 -010 —Unit 112 Vail Corp. P.O. Box 7 Vail, CO 81658 2101 - 082 -69 -011 —Units 220, 220 -A John Kaemmer Trustee 291 Bridge Street Vail, CO 81657 2101- 082 -69 -013 — Units 221, 221 -A Bolanovich Trust c/o John Kaemmer 434 Gore Creek Drive Vail, CO 81657 2101 - 082 -69 -015 —Unit S -1 MBW Realty c/o Ron Riley 228 Bridge Street Vail, CO 81657 2101- 082 -69 -016 — Unit S -2 Robert E. Cannon 211 W. Cheery Circle Memphis, TN 38117 2101- 082 -69 -017 — Units S -4, 302 Robert & Natalie Bissegger 5345 Wind Point Road Racine, WI 53402 2101- 082 -69 -019 — Units S -7, 303 Robert E. Masterson Real Estate Revocable Trust P.O. Box 390186 Omaha, NE 68139 3 2101 - 082 -69 -021 —Units S -9, 306 Georgi LLC 30 Madison House, The Village 101 Amies Street London SWl 1 2JW, England 2101 - 082 -69 -022 —Unit S -10, 501 Bridge Street Investments LLC Felix Guzman No. 16 Col El Parque 53390 Naucalpan Mexico 2101- 082 -69 -024 — Unit S -12 Moorwinds LLC 41 Weeburn Lane Darien, CT 06820 2101 - 082 -69 -032 —Unit 304 Peter A. Bissegger P.O. Box 77700 Corona, CA 92877 2101 - 082 -69 -035 — Unit 309 Arthur C. Cox QPR Trust Emma Jane Cox QPR Trust 12001 Guilford Road Annapolis Junction, MD 20701 2101- 082 -69 -037 — Unit 401 Timothy Hall Cannon 59 W. 12 h Street, Apartment PHB New York, NY 10011 2101- 082 -69 -038 —Units 402, 403 R. Howard Cannon 211 W. Cheery Circle Memphis, TN 38117 2 IV U. 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BRIDGE STitEEr' LODGE "� 53.00 M 21' ' r V Adjoining 2101 -082 Exhibit "B" Disclosure of Ownership From Land Title CM4) Wed 06 Jul 2005 10:14:21 AM MDT Page 4 of 9 Chicago Title Insurance Company ALTA COMMITMENT Schedule A Property Address: 298 HANSON RANCH ROAD VAIL, CO 81657 1. Effective Date: June 21, 2005 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: REMONOV & COMPANY, INC., A COLORADO CORPORATION Our Order No. V50010543 Cust. Ref.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: REMONOV & COMPANY, INC., A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: 1) LOT C, BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. TOGETHER WITH ALL RIGHT TITLE AND INTEREST IN AND TO THAT CERTAIN EASEMENT AGREEMENT DATE JULY 8, 1996 AND RECORDED JULY 9, 1996 IN BOOK 699 AT PAGE 454. 0 From Land Title (M4) Wed 06 Jul 2005 10:14:21 AM MDT ALTA COMMITMENT Schedule B - Section 1 (Requirements) The following are the requirements to be complied with: Page 5 of 9 Our Order No. V50010543 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall tine company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. From Land Title (M4) Wed 06 Jul 2005 10:14:21 AM MDT Page 6 of 9 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50010543 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by tine public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Convnitment 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to tre mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNI'T'ED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE, FIRST FILING. From Land Title CM4) Wed 06 Jul 2005 10:14:21 AM MDT Page 7of9 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50010543 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JULY 09, 1996 IN BOOK 699 AT PAGE 454. 14. EXCEPTION IS MADE TO THE FOLLOWING MATTER AS SHOWN ON THAT CERTAIN ALTA/ACSM LAND TITLE SURVEY DATED OCTOBER 23, 2001, LAST REVISED NOVEMBER 1, 2001 PREPARED BY LELAND LECHNER: THE EFFECT OF BUILDING AND SECOND LEVEL DECK NOT WITHIN SUBJECT PROPERTY. 15. RIGHTS OF PARTIES IN POSSESSION, AS TENANTS ONLY, UNDER UNRECORDED LEASES. 16. DEED OF TRUST DATED NOVEMBER 29, 2001, FROM REMONOV & COMPANY, INC- COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF INSTITUTIONAL COMMERCIAL MORTGAGE FUND V TO SECURE THE SUM OF $5,000,000.00 RECORDED NOVEMBER 30, 2001, UNDER RECEPTION NO. 777017. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF LEASES AND RENTS RECORDED NOVEMBER 30, 2001, UNDER RECEPTION NO. 777018. 17. FINANCING STATEMENT WITH INSTITUTIONAL COMMERCIAL MORTGAGE FUND V , THE SECURED PARTY, RECORDED NOVEMBER 30, 2001, UNDER RECEPTION NO. 777019. From Land Title (M4) Wed 06 Jul 2005 10:14:21 AM MDT Page 8 of 9 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taring district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the Comity Treasurer's authorized agent C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the Comity Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with tine following conditions: A) The land described in Schedule A of this comrnitrmnt must be a single family residence which includes a condominium or towniliouse rniit B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment wititin the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against mi -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor, payment of the appropriate preinimn fully executed Indemnity Agreements satisfactory to the company, and, any additional regrdrements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate liar been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's pennission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 From Land Title (M4) Wed 06 Jul 2005 10:14:21 AM MDT Page 9 of 9 JOINT NOTICE OF PRIVACY POLICY" Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and ale requirements of applicable federal and state privacy laws. Vie believe that malting you aware of how we use your non - public personal information ('Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transaction with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain dire ctly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other fuictions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you mmav find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise penmtted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, ftam>,saction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circunnsumces, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies /Chicago Title Insurance Company shall be in writing, amid delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PF.IV.POL.CHI Exhibit "C" Letter of Authorization & CCD, 1F1C 970- 926 -6226 • FAX 970- 926 -6227 P.O. Box 1888 • Edwards. Colorado 81632 July 5, 2005 Mr. Matt Mire, Attorney Town of Vail 75 South Frontage Road Vail. CO 81657 RE: Vista Bahn Building Dear Mr. Mire, Remonov & Co. Inc., owners of the Vista Bahn Building located at 333 Bridge Street, hereby authorize Terrill Knight of Knight Planning Services, Inc. to apply for a Conditional Use Application and any other applications required to make modifications to the building. Mr. Knight is authorized to compete all necessary forms and provide adequate information as required. Mr. Knight is further authorized to meet with staff and all appropriate Town Boards and to represent the applicants fully. Sincerely, Richard Mueller President Cc: Terrill Knight Exhibit "D" Site Plan . p161,� a �7A FRIDOF � m �I i rn 1 � ~ 2 t � � � 1 � I � f ` I I > rI A H 9 ) i 3 I I r I 1 � I � � I 1 � t m p — f F{p NSON PANCK ROAD in Z _C f" v z I Exhibit " E " Architectural Floor Plans Third Floor - Floor Plan N '1 l � 1 1 1 11 1 , ' 1 1' 1 . '1 1 I '1 I � I I a z 0 11 !1 I I I j I I I I j I i i i i - C: Exhibit "F" Building Use Chart Vista Bahn Building Conditional Use Permit July 2005 Third Floor Night Club Rental Lockers; 280 Maximum Ski Storage Club Lounge /Bar: Small Social Events Meetings Concierge Service Club Computer Area Club Restrooms Club Showers Year Around Use: Lockers: Day Packs, Rain Gear, etc. �7 I• I• 19 vlanning ,�. sere C August 5, 2005 Mr. George Ruther, Chi Community Developmei Town of Vail 75 South Frontage Roac Vail, CO 81657 RE: Vista Bahn Buik Dear George: On behalf of Mr. Rick Mueller, I hereby request that the Conditional Use Permit application for the Vista Bahn Building be tabled until the next meeting. It is scheduled to be heard on Monday, August 8`", by the Planning and Environmental Commission. After receipt of the staff recommendation, we believe we need to meet with your staff to work out issues. I understand that Warren Campbell, with whom we have been working, will not be able to attend the scheduled hearing date. It is our commitment to follow up as quickly as possible. Thank you for your assistance and consideration. Best regard, / Terrill Knight cc: Warren Campbell Rick Mueller box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps @vail.net SEP.30.2005 7:11AM ,planning services, inc e September 30, 2005 Mr. Warren Campbell, Planner Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 18657 N0.050 P.2 /2 Re: Vista Balm, Conditional Use Permit Application PEC 05 -0058 Dear Mr. Campbell, As representative for Remonov & Company, Inc, applicants for the Conditional Use Permit Application on the Vista Rahn building, PEC 05- 0058,1 have been authorized to withdraw this application„ I thank you for your assistance with this application. Please do not hesitate to contact me with any questions or concerns that you might have on this issue. Best regards Terrill Knight Knight Planning Services, Inc. Cc: Rick Mueller file box 947 eagle, co 81631 - 970.328.6299 - fax 970.328.6254 1<ns ®v4i .net SEP. 8.2005 1 :00PM Vianning services, inc. 0'I September 8, 2005 W. Warren Campbell, Senior Planner Community Development Department Town of Vail 75 South Frontage Road Vail, CO 81657 RE; Vista Bahn Building / PEC 05 -0058 Dear Warren: N0.967 P.2 /2 On behalf of Mr, Rick Mueller of Remonov & Compnay, I hereby request that the Conditional Use Permit application for the Vista. Bahn Building be tabled. This file is scheduled to be heard on Monday, September 12' by the Planning and Environmental Commission. Amer receipt of the staff recommendation and our meeting with staff, we believe we need additional time to review outstanding issues. Thank you for your assistance and consideration into this matter. Please do not hesitate to contact me with any further questions or concerns that you might have on this issue. Best regards T - Knight Knight Planning Services, Inc, cc: Rick Mueller box 947 - eagle, co 81631 - 970.328,6299 - fax 970.328,6254 Jens ®vall,net MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 27, 1995 SUBJECT: A request for a Conditional Use Permit to allow for a "quasi- public club" in the Commercial Core I Zone District to be located on the 3rd and 4th floors of the Serrano's Building located at 298 Hansen Ranch Road /Lot C, Block 2, Vail Village 1 st Filing. Applicant: Margaretta B. Parks, represented by Glen Heelan Planner: Jim Curnutte BACKGROUND AND DESCRIPTION OF THE REQUEST Glen Heelan, on behalf of the building owner, has requested PEC approval of a Conditional Use Permit in order to construct a "quasi- public club" in the Commercial Core I (CCI) Zone District, to be located on the 3rd and 4th floors of the recently approved new Serrano's Building, located at 298 Hansen Ranch Road. The Town of Vail Municipal Code defines a quasi - public use differently from a use that is entirely private or public. For the PEC's information, the code defines these uses as follows: - Private - "Private" means a use, area, property or facility which is not public. (Ord. 21(1994), § 5.) - Public - "Public" means a use, area, property or facility which: A. Is owned and operated by a governmental entity, and functions or is available for use by all persons whether with or without charge; or B. Is owned or operated by a person or entity other than a governmental entity, and functions or is available for use by all persons without charge. (Ord. 21(1994) § 6.) - Quasi - Public -"Quasi-public" means a use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. (Ord. 21(1994) § 1.600.) A "quasi- public club" is not specifically listed as a permitted or conditional use in the CCI Zone District. Near the end of the list of conditional uses, however, is a statement which allows for "additional uses determined to be similar to the permitted and conditional uses described above." Staff has determined that the proposed quasi - public club is "similar" to two of the eating and drinking establishments listed as conditional uses (above the 2nd floor) in the CCI Zone District. These uses are "cocktail lounges and bars" and "restaurants." Since staff has determined that these uses are similar to the proposed quasi - public club, the applicant has proceeded to apply for a Conditional Use Permit. Additionally, staff will use these categories in order to determine the parking requirement for the club. f: \everyone \pec \memos \serranos.n27 As described in more detail in Section II (Background) of this memo, the project developer, Glen Heelan, recently received PEC approval (March 13,1995) to demolish the existing Serrano's Building and replace it with a new structure. The approved uses on the 3rd floor of the new building include two offices and a portion of a residential condominium. The remainder of the condominium would be located on the fourth floor of the building. The new concept is to use the 3rd and 4th floors exclusively for a quasi - public club. The club owners will be offering their members not only the traditional ski storage (in the basement), but also areas of comfort and relaxation together with an array of services. The applicant has indicated that club members would have the ability to ski down to the base of the mountain, give their skiis to the ski valet, and enter the club. Here they would have the luxury of taking off their boots, sitting down by the fireplace in a quiet atmosphere to relax in the comfort of their "mountain living room." They might enjoy the refreshment of their choice, make a couple of phone calls, check the stock market, send a fax, hold a meeting or host a dinner party for their family, friends, or business associates. It is anticipated that the 3rd floor of the building would be used for: A. Personal lockers, steam room and showers (similar to a private golf club where bags are stored elsewhere); B. Office space for building and club operations; C. Lounge area where members could have a drink, make a call, send a fax; and D. Up to three meeting and /or dining rooms. The 4th floor is anticipated to be the "living room on the mountain." This is an area where members could sit by the fire and relax, meet with friends and family, have an appetizer and a drink. This Conditional Use Permit request does not involve any exterior changes to the previously approved building. The original approval of the Serrano's redevelopment included a restaurant and a "private club" on the 2nd floor of the building. The applicant has indicated that that portion of the 2nd floor currently labeled as private club, will be used as additional dining for the 2nd floor restaurant. Since this entire area was calculated as a restaurant for parking purposes, there will be no additional impacts associated with the proposed change in use. II. BACKGROUND On March 13, 1995, Glen Heelan, the project developer, received PEC approval to demolish the existing Serrano's Building and replace it with a new structure. (Please see attachment #1, site plan, elevation drawings and floor plans of the approved building). The building program included: • Commercial uses and a potential nightclub in the basement. • Retail uses on the 1 st floor. • Restaurant uses oh the 2nd floor. • Two offices and a portion of a condominium on the 3rd floor. • The remainder of the condominium on the 4th floor. f: \everyone \pec \memos \serranos.n27 2 In addition to these uses, walkway and landscape improvements on the north, east and south sides of the building were approved, as well as a 2nd floor outdoor dining deck over the Hansen Ranch Road right -of -way. To accomplish the above described proposal, a CCI Major Exterior Alteration and the following variances were required: A setback variance for an 11 -foot encroachment into the 30 -foot stream setback for Mill Creek (for the basement floor only); 2. A variance for common area of 78.9% (35% is allowed by zoning). Also, the following two conditional use permits were required: An outdoor dining deck on the second floor; and 2. Office space on the third floor. The project was reviewed and ultimately approved by the Vail Town Council and the Design Review Board in the Spring of 1995. Although the applicant had intended to demolish the existing structure and begin construction of the new building in the spring of 1995, he was not able to adhere to that schedule and demolition /construction has been delayed until the spring of 1996. In the meantime, the applicant has reconsidered the previously approved uses of the 3rd and 4th floors of the building. On October 9, 1995, a worksession was held with the PEC to discuss this Conditional Use Permit request. At that time, the applicant had intended to have the club be a "private" club. The PEC was not receptive to the idea of a private club in the Village and the negative precedent that may set and directed the applicant to explore other options. In response to that direction, the applicant has amended the intended operations of the club so that the club would now be open to the public (see attachment #2 for floor plans of the club). The applicant has indicated that the public would be able to avail themselves of a number of options related to club services. For example, the public could rent ski lockers in the club on a seasonal basis, pay a daily, weekly or monthly access fee to use all, or a portion of, the club amenities, or pay a full membership fee and accompanying annual dues. The applicant has also pointed out that the liquor license associated with this club will be the same as those granted to public restaurants and will not be a private liquor license. On November 13, 1995, the PEC tabled this application and requested that the Town Attorney provide a written opinion on the applicant's right to apply for the requested Conditional Use Permit. See attached copy of the Town Attorney's response to the PEC request. III. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL Upon review of Section 18.60 - Conditional Use Permits, the Community Development Department recommends approval of the conditional use permit based upon the following factors: f:\ everyone \pec \memos \serranos.n 3 A. Consideration of Factors: 1. Relationship and impact of the use on the development objectives of the Town. Staff's Response - Staff is in support of the proposed use of the 3rd and 4th floors of the Serrano's Building as a quasi - public club. It would appear that the club has the potential to provide more activity and interest in the Village than would be provided by one residential dwelling unit and two office spaces. Additionally, staff believes that the proposed Conditional Use Permit request would serve to carry out the following goals, policies and objectives of the Vail Village Master Plan: 2.4 Objective: Encourage the development of a variety of a new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial in -fill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.4.2 Policy: Activity that provides night life and evening entertainment for both the guests and the community shall be encouraged. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. In the CCI Zone District, "meeting rooms" may be approved, as a Conditional Use, only in the basement or garden level and on the 2nd level of a building. They are not allowed, as a permitted or conditional use, on the 1 st floor or street level or any level of a building above the 2nd floor. Since the applicant's request includes the proposed use of a portion of the 3rd floor for meeting and /or dining rooms, staff was concerned with authorizing a use which is specifically prohibited on this level of a building in the CCI Zone District. The applicant has responded to staff's concern by committing that the meeting rooms will be used solely by club members, and therefore, can be considered as accessory to the functions of the quasi - public club. The club members, as a group, will not rent the rooms to the general public. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. f:\ everyone \pec \memos \serranos.n27 4 Staff Response - Staff believes that the proposed change in use from residential and office use to a quasi - public club will have no negative effect on any of the above listed criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff Response - Staff believes that the proposed change in use from residential and office use to a quasi - public club will have no negative effect on any of the above listed criteria. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff Response - As mentioned previously, there will be no external changes made in conjunction with this proposed change in approved uses of the 3rd and 4th floors of the Serrano's Building. Therefore, there will be no changes in the scale and bulk of the building previously reviewed and approved by the PEC, Town Council and Design Review Board. With regard to the change in use and its effect on the character of the area, staff believes that the proposed change from one large residential condominium unit and two small office spaces, to a quasi - public club, could have the effect of providing more activity and therefore a livelier feel to the Village, which is a goal of the Town. B. Findings Th Planning and Environmental Commission shall make the fo llowing findings before granting a conditional use permit: That the proposed location of the use is in accord with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. C. Add itional Criteria for consideration of Conditional Use Pe rmit applica in the CCI Zone District f \everyone \pec \memos \serranos.n 5 In addition to the standard Conditional Use Permit Criteria and Findings listed in paragraphs A and B above, applications for a Conditional Use Permit within the CC I Zone District must address the following additional development factors: Effects of vehicular traffic on Commercial Core I District; Staff Response - The proposed change of approved uses on the 3rd and 4th floors of the Serrano's Building, from a dwelling unit and office space to a quasi - public club, would not appear to have a negative effect on vehicular traffic in the CC I Zone District. The loading and delivery traffic associated with the club will be accommodated by the same loading and delivery vehicles associated with the restaurant already approved on the second level of the building and should not result in additional traffic impacts. 2. Reduction of vehicular traffic in Commercial Core 1 District; Staff Response - The proposed change in use would not appear to cause a reduction, or increase, in vehicular traffic in the CCI Zone District. 3. Reduction of nonessential off - street parking; Staff Response - The proposed change in use would not reduce, or increase non - essential off - street parking. There is currently no off - street parking associated with this property. 4. Control of delivery, pick -up and service vehicles; Staff Response - As mentioned in staff's response to criteria #1 above, staff believes that there will be no increase in the number of delivery, pick- up or service vehicles associated with the proposed club. The food and beverage elements associated with the club appear to be minimal and can be accommodated through the deliveries that would already occur in relation to the restaurant on the 2nd level. 5. Development of public spaces for use by pedestrians; Staff Response - The proposed quasi - public club will have no effect, positive or negative, on public spaces for use by pedestrians. 6. Continuance of the various commercial, residential, and public uses in Commercial Core I District so as to maintain the existing character of the area; Staff Response - Staff believes that the proposed quasi - public club use would continue the various commercial and public uses in the CC I Zone District. Approval of the club would displace the previously approved dwelling unit from the property, however, since the Serrano's Building does not currently have a dwelling unit in it, (only an approval for one large condominium to be built), the proposed club will not change the existin f: \everyone \pec \memos \serranos.n27 6 character of the area. In staff's opinion, the replacement of the approved condominium unit with a club is a positive change, as it would appear to offer the opportunity to provide a more active and lively feel to the Village, and to provide additional services and amenities for the Town's guests. 7. Control quality of construction, architectural design, and landscape design in Commercial Core 1 District so as to maintain the existing character of the area; Staff Response - The applicant has stated that no exterior changes will be made to the building in association with the proposed club. Staff was concerned however, that depending on the scope of the food service element of the private club, it may be necessary to add additional mechanical equipment related to any new or expanded kitchen area. In response to this concern, the applicant has assured staff that all food preparation activities associated with the club will be handled in the kitchen of the restaurant, located on the 2nd floor of the building. 8. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core I District. Staff Response - Staff believes that none of the elements listed above will be a concern related to the proposed club use of the 3rd and 4th floor, with the possible exception of noise. This issue was a concern during the initial discussion of the building's redevelopment, related to the possible bar use in the building. The solution to that discussion was that noise levels will be adequately addressed through the Town's existing noise ordinances, and staff believes those measures are appropriate for the proposed club as well. IV. STAFF RECOMMENDATION Upon review of the Criteria and Findings outlined for review of Conditional Use Permit applications in the CCI Zone District, staff recommends approval of the applicant's request for a quasi - public club on the 3rd and 4th levels of the Serrano's Building. Staff recommends that the following conditions be attached to the conditional use permit approval of the club: As mentioned previously, the original approval of the Serrano's redevelopment application included a Conditional Use Permit for two office spaces on the 3rd floor. With the club's Conditional Use Permit application, the only office use occurring on the 3rd or 4th floors will be offices used by employees and staff for "building and club operations." The applicant has stated that this office space will not be rented to outside parties. The staff recommends that since the office Conditional Use Permit granted in the spring of 1995 is no longer necessary, it shall be considered null and void upon the approval of the new "Club" Conditional Use Permit. 2. Once final floor plan drawings are provided for staff review, a parking analysis will be performed in order to determine if there is an incremental parking demand associated with the proposed quasi - public club, as compared to the previously approved commercial office and residential uses on the 3rd and 4th levels of the f:\ everyone \pec \memos \serranos.n2 7 a building. Upon completion of the parking analysis, a parking pay -in -lieu fee may be determined. This fee must be paid prior to the issuance of a building permit for the project. Please note that, under Section 18.60.080 (Permit Approval and Effect) of the Town of Vail Municipal Code, the approval shall lapse if construction is not commenced within two years of the date of issuance and diligently pursued until completion, or if the use for which the permit is granted is not commenced within two years. f: \everyone \pec \memos \serranos.nl3 8 �!- TO: Planning and Environmental Commission r FROM: Community Development Department DATE: September 26, 1989 SUBJECT: A request for an amendment to the Commercial Core I zone district to include commercial ski storage as a permitted use under Section 18.24.020 B -2. I. THE REQUEST There are several ski and boot locker rental facilities within the Commercial Core I Zone District. One facility is located in the basement of the Golden Peak House, one in the basement of the Hill Building, and one in the basement of the Wall Street Building. These uses have been approved and are allowed as an accessory to a ski shop and as a personal service business at basement or garden level. Last year, in November of 1988, the staff denied an application for a commercial ski storage operation on street level on Bridge Street. This decision was appealed to the Planning and Environmental Commission. The Planning and Environmental Commission upheld the staff interpretation that this was not an allowable use on a street level. This year, we have had several similar requests and feel that it would be appropriate to amend the Zoning Code to clarify this situation for the benefit of both the Town of Vail staff and for the public. Commercial ski storage is certainly a guest service and a use that we wish to encourage within the Core areas. At the same time, we feel it is important to recognize the balance of the horizontal zoning controls in Vail Village. Office space and personal service uses do not provide the dynamic retail store fronts that we feel is important to the character of the Village and Lionshead area. It has been the staff opinion that the permitted and conditional uses for first floor or street level of the Commercial Core I do not allow this specific type of use. However, we would propose to add "Commercial Ski Storage" in Section 18.24.020 B2. Adding the specific use of commercial ski storage to the permitted uses of basement and garden level in Commercial Core I and Commercial Core II clarifies the staff's interpretation that this a personal service use and is allowed in basement level and is not permitted as a first floor or street level use. v w II. E VALUATION OF THIS REQUEST A. S of Existin Zoning The staff feels that the existing zoning for Commercial nd Core I and Commercial Core II is suitable, appropriate, is functioning very well as it currently exists. We view this change as a minor clarification to this We feel that by clearly stating that commercial is a personal service use, and an allowable use in Section 18.24.02 B -2 Basement Level, we will eliminate some of the questions that have occured regarding commercial ski storage. We feel this clarification maintains the intent and balance of the horizontal zoning that is in place in Commercial Core I and Commercial Core II. B. Is th e amendment ro osal resentin a convenient r wokable relations among land uses c onsistent with municipal objectives? The staff's opinion is that this amendme is a ial Core I clarification of an issue regarding the and Commercial Core II zone districts and is in harmony with the general intent of the Commercial Core I zone district as well as the objectives of the Town of Vail. Plan C. Applicable Policies from Vail's Com rehensive There are none. IV. STAFF RECOMMENDATION The staff recommendation for this request is for approval. ice We feel that this use fits in with the personal s im ortant and while commercial ski storage is a necessary, p in the Vail Village and in Lionshead area, we feel it is t to clarify that it should be permitted on_basement or seco loon levels only. the erretailrstoresfrontsethat use oes not presen t dynamic s our horizontal zoning strives to accomplish. Item No. 10 A request to amend the Zoning Code to clarify the use Commercial Ski Storage in Commercial Core I and Commercial Core II basement level. Applicant: Town of Vail Rick Pylman gave the staff presentation. He explained that due to requests for commercial ski storage at street level and some confusion regarding the interpretation of the zoning code, the staff feels it necessary to add the specific use of commercial ski storage to the permitted uses of basement and garden level in Commercial Core I and Commercial Core II. Adding this use in Section 18.24.020 B2 would clarify the staff's interpretation that commercial ski storage is a personal service use and is allowed in basement level and is not permitted as a first floor or street level use. Diana motioned for approval per the staff memo. The motion was seconded by Kathy. Vote: 7 -0 Item No. 11 W_orksession - Proposed amendments to SDD No. 14, Doubletree Rick Pylman introduced Peter Jamar. Peter discussed concept with staff and PEC. I (Kathy left the meeting at 12:30). Item No. 7 Vail National Bank - Notification of staff approval; Minor Amendment to SDD No. 23 Staff explained approval to PEC. There were no questions. Item No. 8 A request to amend the Subdivision Regula to c reate a Single Family Subdivision proce Applicant: Town of Vail Rick Pylman explained the staff's request. There were no questions. Diana motioned for approval. Peggy seconded. Vote: 4 -0 Item No. 9 A request to amend the Sign Code to allow for the addition of the Arterial Business District i nto t he Commercial Core III sign cat egory. Applicant: Town of Vail Rick Pylman gave the staff presentation. f C ORDINANCE NO. 26 Series of 19£39 0 AN ORDINANCE AMENDING SECTION 113.24.020 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY ADDING "COMMERCIAL SKI STORAGE" AS A PERMITTED USE IN BASEMENT OR GARDEN LEVELS WITHIN STRUCTURES IN THE COMMERCIAL CORE I ZONE DISTRICT. WHEREAS, the Town Council is of the belief that ski storage is an acceptable use in basement or garden levels within a structure in the Commercial Core I Zone District; and WHEREAS, th.e Town of Vail Planning and Environmental Commission has recommended that commercial ski storage be permitted as a permitted use in basement or garden levels within a structure in the Commercial Core I Zone District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 18.24.020 B(2) is hereby amended by the addition of "Commercial Ski Storage ". Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect 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 3 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provision of the Municipal Code y TOWN 1 75 South Frontage Road Yai4 Colorado 81657 970-479-21381479-2139 FAX 970- 479 -245" September 21, 1995 Mr. Glenn M. Heelan P.O. Box 5770 Avon, CO 81620 Department of Community Development RE: Application for a Conditional Use Permit for the Serrano's Building, Lot C, Block 2, V ail Villag 1st Fil ing - -' - -' Dear Mr. Heelan: I have completed a review of your recently submitted conditional use permit application to operate a private club on the third and fourth floors of the Serrano's Building, Lot C, Block 2, Vail Village 1st filing. Additional information must be provided in order for staff to adequately review your request. Please respond to the following: - As you know, a "Private Club" is not listed as a permitted or conditional use in the Commercial Core I (CCI) zone district. Staff has determined, however, that your proposed use is "similar" to two of the "eating and drinking establishments" listed as conditional uses (above the second floor) in the CCI zone district. These uses are " Cocktail lounges and bars" and "restaurants ". For your information, these will also be the categories used to determine the parking requirement for the club. - In order to assess the parking impacts of your proposed use, and as required in Section III (3) of the Conditional Use Permit application requirements, please provide detailed floor plans which indicate the layout.of all proposed uses on the third and fourth floors of the building. - Your application states that no exterior changes will be made to the building. However, depending on the scope of the food service element of your proposal, it would appear that additional mechanical equipment may be necessary. Please provide a detailed description of how private dinner parties, meeting /dining rooms, additional food prep. areas, bars, kitchens, etc. will be handled. � S • RECYCLED PAPER .F Mr. Glenn M. Heelan Page 2 - In the Commercial Core I Zone District "meeting rooms" may be approved, as a conditional use permit, only in the basement or garden level and on the second level of a building. They are not allowed, as a permitted or conditional use, on the first floor or street level or on any level of a building above the second floor. It would appear from your application description that the meeting /dining rooms will be used solely by club members, and therefore considered as accessory to the functions of the club. However, we must receive a more detailed explanation of their intended use. The club members, as a group, cannot rent the rooms to the general public. - How will the area on the second floor of the building, currently labeled "The Private Club ", be affected by your proposed use? - Please provide a more detailed description of the "office space for building and club operations" as described in your application. As mentioned previously, staff believes that additional information is necessary in order to fully understand all possible impacts associated with your proposed conditional use. In order to stay on schedule for the October 9, 1995, PEC meeting, please provide the above requested information no later than 5:00 p.m., Monday, September 25, 1995. Sincerely, Jim Curnutte Senior Planner cc: Mike Mollica Andy Knudtsen L —file t TOWN OF VAIL October 1, 1997 VIA TELECOPIER 949 -7045 and U.S. MAIL Mr. Glenn Heelan Post Office Box 5770 Avon, Co 81620 Dear Glenn: We have concluded a review of all issues raised by you at the walk - through on the property on Friday, September 19, 1997. Additionally, we have had Art Hoagland, an expert in regard to building code issues, determine the occupancy load for the building. The theory presented by you that there should be four foot corridors on each floor which is deducted from the calculation of the parking requirement was reviewed by Community Development, the Fire Department, and the Building Department. After thorough review, it is clear that there is no reasonable basis for making such a deduction. Under the calculation of occupancy loads there has never been a reduction in occupancy load due to the existence of such "corridors ". A complete recalculation based upon a new review of the as built plans and our recent walk - through of the structure results in the following calculations for the parking requirement: 59.996 spaces - 27.000 grandfathered spaces = 32.996 spaces required Therefore, 32.996 spaces x $16,333.38 results in a total parking fee of $538,936.20. For your information the occupant load for the entire structure has been determined to be 483 persons. This does not include the additional ten percent allowance permitted by Section 25.144(b) of the Uniform Fire Code. . TM I hope that this information is helpful to you. I'm certain that we will have additional discussions before this issue is resolved. Please feel free to contact me with any questions or comments you may have. Very truly yours, TOWN OF VAIL (� ) �� R. Thomas Moorhead Town Attorney N�/M xc: Robert W. McLaurin Mike Mollica Mike McGee Charlie Davis A TOWN OF VAIL Department of Community Development ' 75 South Frontage Road Vail, Colorado 81657 970- 479 -2138 FAX 970 - 479 -2452 www.vailgov.com January 7, 2005 Mr. Rick Mueller Remonov & Company PO Box 1888 Edwards, CO 81632 ista Bahn Building Parking Requirements Re: 81657 533 Hanson Ranch Road, Vail CO of C, Block 5A, Vail Village 1 Filing Dear Mr. Mueller, Thank you for stopping by yesterday to inquire about the status of the parking requirements for the above - referenced building. The Vista Bahn Building is in both a pay -in -lieu zone (which requires a payment per parking space not fulfilled onsite) and in a commercial core area /zone. However, in the commercial core areas, the pay -in -lieu requirements are waived for commercial uses. Therefore, unless a change in use to a residential use occurs within the building (see sub -point 4 below), there would be no parking requirement to fulfill for that change in use. For clarification, I have included sections of the applicable sections of the Vail Town Code below: B. Parking Fund: For projects located within the town's "Parking Pay-in- Lieu" zones (as identified on the town's official "Parking Pay -in -Lieu Zone" maps, incorporated by reference) property owners or applicants shall be required to contribute to the town parking fund, hereby established for the purpose of meeting the demand and requirements for vehicle parking to the extent outlined in applicable master plan documents and the zoning regulations. 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 hereinafter required: 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council. 3. 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 payor shall be credited against the assessment with the amount previously paid. 4. The parking fee to be paid by any owner or applicant is hereby determined to be eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per space for residential uses (including, but not limited to, accommodation units, time shares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjusted annually by the percentage the consumer price index of the city of Denver has increased or decreased over each successive year. 5. For additions or enlargements of any existing building or change of use that would increase the total number cch parking change andnot for the entire building use. No will be paid by the town for to the applicant or enlargement or owner. 6. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five (5) year period. If the latter course is taken, the first payment shall be paid on or before the date the RECYCLED PAPER building permit is issued. Four (4) more annual payments will be due to the town on the anniversary of the building permit. Interest of ten percent (10 %) per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of the department of community development. 7 When a fractional number of spaces results from the application of the requirements schedule (section 12 -10- 10 of this chapter) the parking fee will be calculated using that fraction. This applies only to the calculation of the parking fee and not for on site requirements (Section 12- 10 -16 -B, Vail Town Code). Please let me know if I can be of further assistance as future plans are made for this building. Meanwhile, enjoy th7p ic,.snowfall! - /. Best Rig Elisabeth Eckel 970.479.2454 W K Design Review Board ACTION FORM Department of Community Development TOWN OF IL 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: VISTA BAHN BUILDING DRB Number: DRB040368 Project Description: Participants: MINOR ALTERATION OWNER REMONOV & CO INC 07/30/2004 Phone: PO BOX 1888 EDWARDS CO 81632 License: APPLICANT KNIGHT PLANNING SERVICES TERRILL KNIGHT PO BOX 947 EAGLE CO 81631 -0947 License: Project Address: 333 BRIDGE ST VAIL 07/30/2004 Phone: 328 -6299 Location: VISTA BAHN BLDG Legal Description: Lot: C Block: 2 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 210108242001 Comments: BOARD /STAFF ACTION Motion By: MATHIAS Action: APPROVED Second By: DUNNING Vote: 3 -0 -0 Date of Approval: 09/15/2004 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: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0006699 The applicant shall not alter the existing informal pedestrian /skier path, located a between teh Vista Bahn Building and Mill Creek, from its present condition. Cond: CON0006700 The applicant shall not remove any trees as part of this proposal. Planner: Bill Gibson DRB Fee Paid: $300.00 Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: To permit a deck ext ension Location of the Proposal: Lot: C Block: 2 Subdivision . Vail Village, 1st Filing Physical Address: 333 Hanson Ranch Road (Vista Bahn Building) Parcel No.: 2101 -082-42-00 (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.) Zoning: CCI Commercial Core Name(s) of Owner(s): R emonov & Com any, Inc. Mailing Address: P.O. Box 1888 Owner(s) Signature(s): Name of Applicant: Mailing Address: P• O• Box 947 Phone: ( 970 328 -6299 E -mail Address: kps@vail -new__ _Fax: (9 128 - 6254 Type of Review and Fee: • Signs • Conceptual Review • New Construction • :Addition Minor Alteration (multi - family /commercial • Minor Alteration (single - family /duplex) • Changes to Approved Plans $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo /rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, — - reroofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Plannipg�6 ikggttherr* Design Review Board. ll��++�� For Office Use Only; ��/ Fee Paid: Check No.: f l .7 9 By: �. Application Date: DRB No.: Planner: Project No..: Edwards, CO 8 1632 -1888 Eacfle(, CO 81 631 -0947 • Separation Request No Fee J ' ************ *********************** **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Statement * TOWN OF VAIL, COLORADO ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: 8030003728 Amount: $250.00 03/21/200304:35 PM Init: JAR Payment Method: Check Notation: 1178 Knight Planning Service --------------- - -- ----------------------------- ______ ----------------- Permit No: DRB030071 Type: DRB -Minor A1t,Comm /Multi Parcel No: 210108242 Site Address: 333 BRIDGE ST VAIL Location: 278 HANSEN RANCH ROAD Total Fees: $250.00 Total ALL Pmts: $250.00 This Payment: $250.00 $0.00 Balance: ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Description Current Pmts ------------------------ - - - - -- Account Code ------ - - - --- _____________ DESIGN REVIEW FEES 250.00 DR 00100003112200 ----- --- --- ------ ------ - - - - -- FI LE S TOWN OF VAIL 13/ Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 -479 -2138 FAX 970 - 479 -2452 www. ci.vail.co.us Remonov & Company c/o Rick Mueller P. O. Box 1888 Edwards, CO 81632 January 13, 2003 Re: Proposed Awning at the Vista Bahn Building, 298 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 Filing Mr. Mueller: This letter is to provide you with information I discovered while performing research regarding the Vista Bahn Building and your proposed awning at the Aalta Sports location. The property is zoned Commercial Core I under the Town of Vail Zoning Code which permits a site to have a maximum of 80% site coverage. On March 13, 1995 the Planning and Environmental commission granted a variance to allow for a major exterior renovation at this location with a site coverage of 83.9 %. Under the Code definition of site coverage an awning would be calculated toward site coverage as it extends more than four (4) feet from the exterior face of the perimeter building walls, therefore your proposal would increase the site coverage and would need to have a variance application and approval prior to erection of the awning. The approval of a variance is difficult as multiple criteria must be met in order to receive approval. Those criteria include but are not limited to demonstration of a hardship and whether or not the approval of a variance would be a granting of special privilege given to no other property. To summarize the statements above and to be clear regarding the process the next step if you choose to proceed would be to submit a variance application along with your DRB application. The current fee is $500 for a variance request. Having read through the file it is my anticipation that staff would recommend denial of a variance request. Staff did recommend denial in March 13, 1995 and the Board found support for a variance to site coverage and approved the ��� RLrycLEDPAPER variance. I am attaching the definition of site coverage and the variance chapter of the Code to this letter which may help in clarifying any questions. I attempted to call you on January 13, 2003 at 9:00 am and was unable to reach you or an answering machine. Please review these comments and if you have any questions regarding this letter please contact me at 479 -2148. With regards, Warren Campbell Planner II Cc: File Attachments: Chapter 17 of the Town Code (Variances) Definition of site coverage from Chapter 2 of the Town Code 12 -2 -2 location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: The setback line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SHORT TERM RENTAL: Shall be deemed to be a rental for a period of time not ex- ceeding thirty one (31) days. SITE COVERAGE: The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "build- ing area" shall mean the total horizontal area of any building, carport, porte cochere, arcade, and covered or. roofed walkway as measured from the exterior face of perime- ter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this defi- nition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or cov- ered stair, covered deck, covered porch, covered terrace or covered patio that ex- tends more thanr four feet (4') from the exterior face of the perimeter building walls or supporting columns. 12 -2 -2 SLOPE: The gradient or configuration of the undisturbed land surface prior to site im- provement of a lot, site, or parcel which shall be established by measuring the maxi- mum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direc- tion between opposing lot lines; the rela- tionship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope ". In determina- tion of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determi- nation established by the defined method for each one hundred (100) square feet grid portion of the tract, lot or portion thereof. STORAGE AREA: An area within a dwelling unit which is designed and used specifically for the purpose of storage and is not re- quired by the latest edition of the adopted building codes to provide either light, venti- lation, or to comply with any code require- ment for its function or existence. STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fix- tures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition. STUDIO: A building or portion of a building used as a place of work by an artist, pho- tographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment em- ployed which is objectionable or injurious to February 2002 Town of Vail 12 -17 -1 CHAPTER 17 VARIANCES SECTION: 12 -17 -1: Purpose 12 -17 -2: Application Information Required 12 -17 -3: Fee 12 -17 -4: Hearing 12 -17 -5: Planning And Environmental Commission Action 12 -17 -6: Criteria And Findings 12 -17 -7: Permit Approval And Effect 12 -17 -8: Related Permits And Requirements 12 -17 -2 B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, set- backs, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site develop- ment, and parking and loading re- quirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. 12 -17 -1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpreta- tion and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the imme- diate vicinity; or from other physical limitations, street locations or condi- tions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations pre- scribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Condi- tional Use Permits ", and by section 12 -3 -7, "Amendment' of this title. (Ord. 8(1973) § 19.100) 12 -17 -2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provid- ed by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: A. Name and address of the owner and /or applicant and a statement that the applicant, if not the owner, has the December 2001 Town of Vail 12 -17 -2 X C Is E F. permission of the owner to make ap- plication and act as agent for the owner. Legal description, street address, and other identifying data concerning the site. A statement of the precise nature of the variance requested, the regulation involved, and the practical difficulty or unnecessary physical hardship incon- sistent with the objectives of this title that would result from strict or literal interpretation and enforcement of the specified regulation. A site plan showing all existing and proposed features on the site, and on adjoining sites if necessary, pertinent to the variance requested, including site boundaries, required setbacks, building locations and heights, topog- raphy and physical features, and simi- lar data. Such additional material as the admin- istrator may prescribe or the applicant may submit pertinent to the applica- tion and to the findings prerequisite to the issuance of a variance as pre- scribed in section 12 -17 -6 of this chapter. A list of the owner or owners of record of the properties adjacent to the sub- ject property which is subject of the hearing. Provided, however, notifica- tion of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent, registered agent or members of the board of 12 -17 -4 directors, as appropriate, shall include the names of the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed enve- lopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide this information and stamped, ad- dressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. G. if the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or C parcels in duplex subdivision, by way of example and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signa- ture on the application. (Ord. 24(2000) § 2: Ord. 49(l 991) § 2: Ord. 50(1978) § 15: Ord. 30(1978) § 2: Ord. 8(1973) § 19.200) 12 -17 -3: FEE: The town council shall set a variance fee schedule suffi- cient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable. (Ord. 8(1973) § 19.300) 12 -17 -4: HEARING: Upon receipt of a variance application, the plan- ning and environmental commission shall set a date for hearing in accordance with subsection 12 -3 -613 of this title. Notice shall be given, and the hearing shall be conduct- December 2001 Town of Vail 12 -17 -2 permission of the owner to make ap- plication and act as agent for the owner. B. Legal description, street address, and other identifying data concerning the site. C. A statement of the precise nature of the variance requested, the regulation involved, and the practical difficulty or unnecessary physical hardship incon- sistent with the objectives of this title that would result from strict or literal interpretation and enforcement of the specified regulation. D. A site plan showing all existing and proposed features on the site, and on adjoining sites if necessary, pertinent to the variance requested, including site boundaries, required setbacks, building locations and heights, topog- raphy and physical features, and simi- lar data. E. Such additional material as the admin- istrator may prescribe or the applicant may submit pertinent to the applica- tion and to the findings prerequisite to the issuance of a variance as pre- scribed in section 12 -17 -6 of this chapter. F. A list of the owner or owners of record of the properties adjacent to the sub- ject property which is subject of the hearing. Provided, however, notifica- tion of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent, registered agent or members of the board of 12 -17 -4 directors, as appropriate, shall include the names of the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed enve- lopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. it will be the applicant's responsibility to provide this information and stamped, ad- dressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. G. If the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B parcels or C parcels in duplex subdivision, by way of example and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signa- ture on the application. (Ord. 24(2000) § 2: Ord. 49(1991) § 2: Ord. 50(1978) § 15: Ord. 30(1978) § 2: Ord. 8(1973) § 19.200) 12 -17 -3: FEE: The town council shall set a variance fee schedule suffi- cient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable. (Ord. 8(1973) § 19.300) 12 -17 -4: HEARING: Upon receipt of a variance application, the plan- ning and environmental commission shall set a date for hearing in accordance with subsection 12 -3 -68 of this title. Notice shall be given, and the hearing shall be conduct- December 2001 Town of Vail 12 -17 -4 ed in accordance with subsections 12 -3 -6C and D of this title. (Ord. 8(1973) § 19.400) 12 -17 -5: PLANNING AND ENVIRON- MENTAL COMMISSION AC- TION: Within twenty (20) days of the clos- ing of a public hearing on a variance appli- cation, the planning and environmental commission shall act on the application. The commission may approve the applica- tion as submitted or may approve the appli- cation subject to such modifications or conditions as it deems necessary to accom- plish the purposes of this title, or the com- mission may deny the application. A vari- ance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. (Ord. 8(1973) § 19.500) 12 -17 -6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and en- forcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested vari- ance on light and air, distribution of 12 -17 -6 population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limita- tions on other properties classified in the same district. Town of Vail 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improve- ments in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified reg- ulation would result in practical diffi- culty or unnecessary physical hard- ship inconsistent with the objectives of this title. b. There are exceptional or extraor- dinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified reg- ulation would deprive the applicant of privileges enjoyed by the owners of December 2001 12 -17 -6 other properties in the same district. (Ord. 8(1973) § 19.600) 12 -17 -7: PERMIT APPROVAL AND EF- FECT: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. (Ord. 48 (1991) § 2: Ord. 16(1978) § 5(c)) 12 -17 -8: RELATED PERMITS AND RE- QUIREMENTS: In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and requirements of this and other applica- ble chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. (Ord. 8(1973) § 19.900) 12 -17 -8 December 2001 Town of Vail