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Vista Bahn Building Second Floor Tap Room
TOWN *VAITL w ok C, 2 Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 -479 -2138 FAX 970- 479 -2452 www. vailgovMaty 1, 2007 Mr. Ross Agre Remonov and CO. Inc P.O. Box 1888 Edwards, CO 81632 Re: B05 -0107 Dear Mr. Agre: I am responding to your letter of April 19, 2007 regarding the deck extension for the Tap Room. As I stated in my letter of March 14, 2007 the permit has expired. The actual expiration date was April 8, 2006, which was 180 days from the date of permit issuance, October 10, 2005. According to the International Building Code Section 105.5 Expiration. Every permit shall become invalid unless work on the site authorized by such permit is commenced within 180 days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In your case work was not commenced within the 180 day time period. Nor was a written request for an extension, received by the building official, prior to the permit expiration. My suggestion would be to obtain the field copy of the drawings, from the listed contractor of record WE O'Neil, and submit those with a new building permit application. This could greatly speed up any plan review, not withstanding any changes that may have been made. Sincerely, Greg Denckla Senior Building Inspector/Plans Examiner Town of Vail Building Safety and Inspection Services ^ t RECYCLED PAPER 4. April 19, 2007 Greg Denckla Town of Vail 75 South Frontage Road Vail, CO 81657 Re: B05 -0107 Dear Greg: I am writing in connection with the deck extension to the Tap Room at the Vista Bahn building located at 333 Bridge Street. We have previously communicated with Bill Gibson and George Ruther in the Planning Department regarding extension of the Conditional Use Permit and Building Permit for the deck extension during the continuation of the ongoing litigation brought by owners in the All Seasons Condominiums. We have not been able to commence construction on the deck extension in light of this litigation. We expect a ruling from the Appellate Court some time with the next few weeks that will hopefully allow us to begin work on the deck. We would like to request the Town's cooperation in allowing us to move forward in light of the fact that the delay for this project was due to conditions outside of our control. Please let me know what steps we will need to take to allow us to move forward once we have clearance from the court. In light of the long delay caused by the litigation and the fact that the Spring /Summer building season has already commenced, time will be of the essence. We greatly appreciate your cooperation. Very truly yours, Ross Agre Counsel EWN Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 -479 -2138 FAX 970 -479 -2452 www.vailgov.com March 14, 2007 Remonov & CO INC P.O. Box 1888 Edwards, CO 81632 Re: B05 -0107 Tap Room Deck Extension To Whom It May Concern: This letter is to inform you that the Building Permit B05 -0107, for the deck extension, for the Tap Room expired on April 8, 2006. There has been no construction activity, and an extension has not been requested. If the deck is to be constructed a new building permit, and design review application would be required. Sine rely, reg n kla Senior Building Inspector/Plans Examiner Town of Vail, Building Safety and Inspection Services %0 RECYCLED PAPER TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ADD /ALT COMM BUILD PERMT Permit #: B05 -0107 E ,v�� Job Address: 333 BRIDGE ST VAIL Status ...: 2 Location.......: 333 HANSON RANCH ROAD, VISTA BAHN BLDG Applied ..: 05/18/2005 Parcel No....: 210108242001 Issued ...: 10/10/2005 Project No .: - �, � _4 2g3 Expires ...: 04/08/2006 OWNER REMONOV & CO INC PO BOX 1888 EDWARDS CO 81632 APPLICANT SCHARPF CONSTRUCTION PO BOX 631 VAIL, COLORADO 2300 SADDLERIDGE LOOP AVON, COLORADO 81658 License: 724 -B CONTRACTOR SCHARPF CONSTRUCTION PO BOX 631 VAIL, COLORADO 2300 SADDLERIDGE LOOP AVON, COLORADO 81658 License: 724 -B Desciption: TAP ROOM DECK EXTENSION Occupancy: A -2 Type Construction: II -A Type Occupancy: ?? Valuation: $68,400.00 05/18/2005 05/18/2005 Phone: (970)748 -8655 05/18/2005 Phone: (970)748 -8655 Add Sq Ft: 490 Fireplace Information: Restricted: # of Gas Appliances: 0 # of Gas Logs: 0 # of Wood Pellet: 0 ************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FEE SUMMARY ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Building ------ > $776.75 Restuarant Plan Review - -> $0.00 Total Calculated Fees - -> $1,284.64 Plan Check --- > $504.89 DRB Fee --------------------- > $0.00 Additional Fees ---------- > $0.00 Investigation -> $0.00 Recreation Fee--------- - - - - -> $0.00 Total Permit Fee --------- > $1,284.64 Will Call - - - - -> $3.00 Clean -up Deposit ---------- > $0.00 Payments ------------------- > $1,284.64 TOTAL FEES ------------- > $1,284.64 BALANCE DUE --------- > $0.00 Approvals: Item: 05100 BUILDING DEPARTMENT 06/08/2005 cgunion Action: COND SEE RED LINED NOTES ON PLANS 1) MINIMUM GUARDRAILS HEIGHT IS 42" 2) STAIRWAY HANDRAILS REQUIRED PER ANSI 117.1 3) CONSTRUCTION MAY NOT BLOCK EGRESS FROM EXISTING STAIRWAY ENCLSURE DISCHARGE AT ANY TIME. 4) ACCESSIBLE ROUTE TO BE PROVIDE FROM BAR AREA. MINIMUM 3068 DOOR WITH ACCESSIBLE THRESHOLD. 5) EXIT DOOR REQUIRED FROM SECOND EXIT INTO BUILDING. PANIC HARDWARE WITH DOOR SWING IN DIRECTION OF EXIT TRAVEL. 6) POST MAXIMUM OCCUPANCY 70. 7) SNOWMELT EXTERIOR EXIT STAIRS PER IBC Item: 05400 PLANNING DEPARTMENT 06/09/2005 bgibson Action: CR The walkway facade railings and posts (Sheet A1.2) design, colors, and materials shall match the existing deck rails and posts. 07/21/2005 bgibson Action: AP Item: 05600 FIRE DEPARTMENT 06/27/2005 mcgee Action: AP Item: 05500 PUBLIC WORKS 07/20/2005 gc Action: DN 09/16/2005 gc Action: COND Need to provide a bond for bike path and Public Way permit. See page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design review approved, International Building and Residential Codes and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTION SjiALL BE MADE TWENTY -FOUR HOURS IN ADVANCE BY TELEPHONE AT 479 -2149 OR AT OUR OFFICE FROM 8:00 AM - 4 PM. SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNEF PAGE 2 CONDITIONS OF APPROVAL Permit #: B05 -0107 as of 10 -10 -2005 Status: ISSUED ************************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Permit Type: ADD /ALT COMM BUILD PERMT Applicant: SCHARPF CONSTRUCTION (970)748 -8655 Job Address: 333 BRIDGE ST VAIL Location: 333 HANSON RANCH ROAD, VISTA BAHN BLDG Parcel No: 210108242001 Description: TAP ROOM DECK EXTENSION Conditions: Cond: 1 (FIRE): FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY WORK CAN BE STARTED. Cond: 12 (BLDG.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. Cond: CON0007174 SPECIAL INSPECTION REQURIED FOR STEEL, WELDING, CONCRETE TESTING PER IBC CH 17 Cond: CON0007175 APPROVED WITH CONDITIONS AS NOTED ON PLANS AND IN APPROVAL SCREEN Applied: 05/18/2005 Issued: 10/10/2005 To Expire: 04 /08/2006 TOWN OF VAIL, COLORADO Statement Statement Number: R050001683 Amount: $1,284.64 10/10/200512:21 PM Payment Method: Check Init: DDG Notation: W. E. Oneil 5864 ----------------------------------------------------------------------------- Permit No: B05 -0107 Type: ADD /ALT COMM BUILD PERMT Parcel No: 2101 - 082 - 4200 -1 Site Address: 333 BRIDGE ST VAIL Location: 333 HANSON RANCH ROAD, VISTA BAHN BLDG Total Fees: $1,284.64 This Payment: $1,284.64 Total ALL Pmts: $1,284.64 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - BP 00100003111100 - -- ------------------------ - - - - -- ------ - - - - -- BUILDING PERMIT FEES 776.75 PF 00100003112300 PLAN CHECK FEES 504.89 WC 00100003112800 WILL CALL INSPECTION FEE 3.00 —� APPLICATION WILL NOT BE ACCEPTED IF INCOMPLETE OR UNSI D� 4 ` Project #: f ``I - 4, Building Permit #: 970 - 479 -2149 (Inspections) TOWNdFYAIL it TOWN OF VAIL BUILDING PERMIT APPLICATION Separate Permits are required for electrical, plumbing, mechanical, etc.! 75 S. Frontage Rd. Vail, Colorado 81657 CONTRACTOR INFORMATION General Contracto Town of Vail .Reg. No.: [ Sontact and P one # 's: Email address: Contra gn t re -: �. t O FOR BUIL PERMIT (Labor & Materials) BUILDING: $ Lrrr� EL ECTRICAL: $ OTHER: $ —� PLUMBING: $- MECHANICAL: -IL TOTAL: $ For Parcel # Contact Eagle County Assessors Office at 970- 328 -8640 or visit ww&.ea le -uount .com Parcel # %-' l C� t - L lp-0 0 Job Name: WI14 Job Addres Legal Description Lot: Block: Filing: Subdivision: Own I m Ql f Ad s — IPhonep�, L 7 Ar it IDesi er: �- Address" w V, , O 1''.• Pt�o r: �. Ad ss: � �? L1 �✓1 r3 Detailed `` description o work: E v o rk Cl New () Addition ( )Remodel ( ) Repair ( ) Demo ( ) O Work Type: interior ( ) Exterior Both ( ) Does an EHU exist at this location: Yes ( ) No ( ) Type of Bldg.: Single- family ( ) Two - family ( ) Multi - family ( ) Commercial ( ) Restaurant Other ( ) No. =Existing elling Units in this building: No. of Accommodation Units in this building: f�folT e of Fire laces Existing: Gas Appliances ' s Logs ( ) Wood /Pellet ( Wood Burning ( ) NofType of Fireptaces Proposed: Ga Agpliances s Lo s_ 'VVacdfPeI1et ( ) Wood Burn (NOT ALLOWED Do a Fire Alarm Exist: Yes No ( ) Does a Fire Sprinkler System Exist: Yes ( No ( ) ***** * * * « * * * * * * * « * * * * * * * * * * * * * * * * * ** *FOR OFFICE USE Other Fees: I Type of Construction: Acce pted By: DRB Fee;: Occu anc Grou : I P lanner Sign -off: Public Wav Permit Fee: Date Received,. `'''mf r F f i'! FAUsemsJSutherinewBLDGP RM.DOC; L ,� � 0712812004 APPLICATION FOR TOWN OF VAIL PUBLIC WAY P FVIT 20 \> Job Name PRJ #: - - - _ — _ PW #: _ -__ -- Parcel #:-----_------_— Bldg. Permit #: B 2. /_'Xo sk (2r,, c 4L . ,? &' ..'{,C.E'15D, AC, ' l u 5 TO RW OF VAIL (If unknown call Excavating Contractor Name Mail Address 2 "1T Contractor License Number - REQUIRED City State Zip Phone # 3. -05'" 7- 30�6�' Start Date Completion Date (Permit Expiration Date) 4. Work is for (circle one) Watery Sewer Gas ecl - ii Telephone CATV Landscaping mp. �tA es Ot her 5. Trench -width (in in. 4') Bond Amount $ Length Permit Fee $ Depth Total SF $ Total LF Total Permit Fee $ 6. ALL MATERIAL, EQUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE BEFORE THE JOB 1S STARTED. 7. Rubber out - riggers are required on excavating equipment when working on asphalt. Asphalt surfaces underneath the bucket and lugs shall be protected at all times. S. A signature below indicates a review of the area and utility locations and approval. Once all utility company signatures are obtained , permittee has option of routing application through the Public Works office to obtain the necessary Town of Vail signatures. Please allow up to one week to process. Xcel Energy / Public Service Company (1- 800 - 922 -1987) Xcel Energy High Pressure (1 -800- 922 -1987) Quest (1- 800 - 922 -1987) Comcast Cable (1- 800 - 922 -1987) Eagle River Water & Sanitation District (970- 476 -7480, ext. 1 14) Holy Cross Electric Company (1- 800 - 922 -1987) Town of Vail Electricians (970- 479 -2158) Town of Vail Irrigation (970- 479 -2158) THERE WILL BE NO TOTAL STREET CLOSURES! A construction traffic control plan must be subs nitted and approved by the Public Works Department prior to issuance of the permit. 9. All excavation must be done by hand within 18" of utilities - (Senate Bill 172). 10. Perrnittee must contact the Public Works Department at 476 -2198 24 hours prior to commencirng of %ork Failure to Notify the Town will result in forfeiture of bond money. Scheduled inspections that are not ready may result in the Town charging the contractor a reinspection fee. 11. I certify that I have read all chapters o €Title 8 - Public Ways and Property, of the Vail Municipal Code and all utility Company agreements, signed by me, and will abide by the same, and`that all utilities have been notified as required. I Contractor's Si--:nature of Agreement Print name clearly Date ol'signature ATTACH PLAN OF WORK, INCLUDING CONSTRUCTION TRAFFIC CONTROL PLAN White - Public Works Show street with names, buildings, and location of cuts. USE DASH LINES FOR CUT. Yellow - Contractor F: \Users \JSuther \newBLDGPERM.DOC 07/28/2004 V ;4:e �; 164t -/�/- t Vsfx.r��OdJ Design ReVieW Beard glt ; ACTION FORM IL IN # Department of Community Development TOWK WK VAL ' 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 COMAR web: www.vailgov.com Project Name: TAP ROOM DISPLAY BOX DRB Number: DRB060522 Project Description: Metal display box of six square feet with internal lighting Participants: OWNER REMONOV & CO INC 11/10/2006 PO BOX 1888 EDWARDS CO 81632 APPLICANT REMONOV & CO INC 11/10/2006 STEVE KAUFMAN PO BOX 1888 EDWARDS CO 81632 Project Address: 333 BRIDGE ST VAIL Location: THE TAP ROOM Legal Description: Lot: C Block: 2 Subdivision: VAIL VILLAGE FILING Parcel Number: 2101 - 082 - 4200 -1 Comments: BOARD /STAFF ACTION Motion By: Action: APPROVED Second By: Vote: Date of Approval: 11/15/2006 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: 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: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Planner: Elisabeth Eckel DRB Fee Paid: $56.00 Sign Application for Design Review OV Department of Community Development T04W OF 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com 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 ai building permit is issued and construction commences within one year of the approval. Diescription of the Request: � �� ��� ,,I�� Location of the Proposal: Lot: Block: Subdivision: Physical Address: Parcel No.: o +� C l (Contact Eagle Co. Assessor at 970 -328 -8640 for parcel no.) Zoning: " C- Name(s) of Owner(s) A1A)C + ( G Mailing Address: I mo{ z inff 'fi- �'d �,t.', "� IC) Phone: _ Z Owner(s) Signature(s); . Name of Applicant: i?,'z'o/ /' k C- Mailing Address; ( Q Phone: :' E -mail Address: :P/0 �` / C_A11 & Fax: Y . ' TYPIP of Review and Fee: '�� ❑ Conceptual Review ❑ New Construction ❑ Addition ❑ Minor Alteration (mu Iti- family/commercia l) ❑ 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 Planning Staff or the Design Review Board.. 0 Separation Request No Fee For Office Vse,Only: � Fee Paid: - Cl3eck No.: By: �p`� Meeting Date: DRB No.: - Planner: Protect No.: c 0 o � 1 i JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER I, (print name) :To^-eS P oukZas , a joint owner of property located at (address /legal description) — 0 6 A ' provide this letter as written approval of the plans dated L °7 C- QLK Vo,'k V� `� , XW Cwhich have Co j k rY o v- Co. been submitted tb the Town 6f Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: V, cN, +^ 4 r� � J 7�. a� 1, Y�t v�y t 0: :S V\ &A Tm ` �Ohr NJ�br' � \unn:nV �GL� C elr. I further understand that minor modifications may be made to the plans over the course of the review Acable codes and regulations. ac(, -b�- (Date) F: \cdev \FORMS\ Permits\ Planning\ DRB\ sign_application_12- 05- 2005.doc Page 2 of 4 12/05/2005 SIGN APPLICATION TO fVi SUBMITTAL REQUIREMENTS General Information This application is for any sign that is located within the Town of Vail. Specific requirements are available from the Department of Community Development. I. SUBMITTAL REQUIREMENTS A. Name of Business: B. Building name and physical address_ C. Written approval from condominium association, landlord, and joint owner, if applicable. D. Type of sign (check all that apply): ElFreestanding Sign ❑ Building Identification OWall Sign ❑ Mural OHanging / Projecting Sign ❑ Window Sign ODispiay Box ❑ Sign Program []Daily Special Board ❑ Gas Filled /Fiber Optic OJoint Directory Sign ❑ Temporary Sign OSubdivision Entrance Sign ❑ Other E. Number of signs proposed: Number of signs existing: .t F. Sign message: 4 15') -0 Y ' 60 0 G. Sign and lettering dimensions for each proposed sign (attach a colored scaled schematic drawing @ 1 /4 " = 1'): H. Length of business frontage: I. Height of sign(s) from grade: A J. Sign Location (attach a site plan and an elevation drawing or a photograph clearly indicating the proposed location of sign(s)): f WTrp- ra-Ito K. Materials and colors of sign (attach samples): S1lA %Gl� LlCg� /L'�' L. Sign lighting plan: It-1 Vm i'yk W—di g ❑ Indicate type, location and number of fixtures. ❑ Include height above grade, lumens output, luminous area. ❑ Attach a cut sheet for each proposed fixture. M. Drawings showing how and where the sign or awning will attach to the building and how the awning will be constructed. N. The Administrator and /or DRB may require the submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. F: \cdev \FORMS \Permits\ Planning\ DRB\ sign_application_12- 05- 2005.doc Page 3 of 4 12/05/2005 - TA TA I k o LE =u A t 7� t- II SWINGFRAME 151 South Main Street Freeport, NY 11520 �IqJ F RAMtli TEL: 516 -867 -1770 FAX: 516 -867 -7073 / _ -- WEBSRE:wwwswingfrome.com E -MAIL: info@swingfrome.com Because Change is Inevitable Outdoor Poster Swing Cases 1 2" 1 - I Description Built for the outdoors; this contemporary metal case can withstand the elements while protecting and delivering your message. Only 2 "deep the continuous hinge and the front cam lock provide the support and security you require. Interior cork backing can be used to display a variety of printed materials including: posters, menus, announcements and multiple messages. Features • Lockable door mounted on full - length piano hinge (2 keys included) • Self healing natural Corkboard Interior • Weather Resistant Aluminum backing with silicone sealant • Profile offers 2 "overall off the wall depth • Three popular finishes: - Silver - Black - Bronze • Break Resistant Acrylic: High impact acrylic, perfect for high traffic or public environments • Interior Useable Depth: 5/8" Illuminated Header Sizes The sizes shown refer to the visible area 8 1/2"x 11 " 22"x 28" 11 "x 14" 24 "x 36" 11 "x14" 30 "x40" 13 "x 19" 31 "x 31" 18" x 24" 36"x 36" 19" x 31" 36" x 48" For additional sizes, poster sizes and outside frame dimensions see pricing and specs Custom Options • Custom Sizes Up to 48 "x 96" • Powder coat finishes • Vinyl colors for outdoor corkboards • Header may be added • Case may be illuminated from the top Vinyl Finishes /A /5.0G ' All rf o nfo'dI fans TOWN OF VAIL, COLORADO Statement ##***########*###*****#***##***########**#*#######****####*## * * # * * * * * * * * * * # # * # * # # # # # * # # # # # ## Statement Number: R060001941 Amount: $56.00 11/10/200610:49 AM Payment Method: Cash Init: JS Notation: $ /REMONOV AND CO INC ----------------------------------------------------------------------------- Permit No: DRB060522 Type: DRB - Sign Application Parcel No: 2101- 082 - 4200 -1 Site Address: 333 BRIDGE ST VAIL Location: THE TAP ROOM Total Fees: $56.00 This Payment: $56.00 Total ALL Pmts: $56.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- DR 00100003112200 DESIGN REVIEW FEES 50.00 SP 00100003124000 SIGN FEES 6.00 w RE/71 - `1C�/ & Cam, If'K ly7(� <Y?,'i- F >21E� FAX 970 -9'�Ca -6221 F B , xy 1 888 (-iv ircis H 1632 October 25. 2006 George Ruther Town of Vail Planning Department 75 South Frontage Road Fail. CO 81657 Dear George: As we discussed during one of our recent meetings. Remonox & Compan%. Inc. had applied for and was granted a Conditional Use Permit in connection with its proposed expansion of the deck at the Tap Room on the second floor of the Vista Bahn Building at 333 Bridge Street. The PEC originalIN appro%ed the CUP on September 13. 1-001. IF he approval was appealed to and upheld b� the Town Council on November 17. 2004. On Jule 5 of this Near we made a request. which -vas rev iewed bx Bill Gibson. to extend the design revie�,N approval. as our proposed construction of the deck has been subject to ongoing litigation. This litigation was brought by the W yman family. owners of property in the All Seasons Condominiums, and the All Seasons Condominium Association. The All Seasons Condominiums are located se' eral blocks from the Vista Bahn building. In response to our request. A1r. Gibson noted that our approv al would remain "alid through November 17. 2006. Elowever. the litigation concerning the deck has not vet been resolved. The parties are cun awaiting a ruling" with respect to Rentonov . s l appeal of a Temporar% Injunction granted by the Eagle Countv District Court. yXe expect this ruling some time in the next several months. t We would like to request an extension ofthe CUP for the deck for a period through the resolution of the litigation and a sufficient time thereafter to complete construction. Please let us know it you require am additional documentation in connection with this request. Very truly v ours. Ross Avre cc: R. ?Mueller RUA<D IC N & CO, IFic v4a,Vi, OIoc ' e' - 970- 926 -6226 • FAX 970- 926 -6227 P.O. Box 1888 • Edwards, Colorado 81632 Warren Campbell Town of Vail Building Department 75 South Frontage Road Vail, CO 81657 Dear Warren: July 5, 2006 As you may recall, Remonov & Company had previously applied for and was granted DRB and PEC approval and a building permit for the construction of a deck at the Vista 1.s culil Vu11%411ig. This matter has been the subject of ongoing litigation, which may continue for a number of months. As a result, we would like to request a two year extension of the time period for construction under our approvals and building permit. Please let me know if there are additional steps required to obtain such extension or how we receive confirmation that such extension has been granted. Thank you for your assistance. Ve truly yours, Ross Agre Counsel (tel: 970 390 1945) cc. R. Mueller .. EXTENSION OF PREVIOUS DRB APPROVAL (DRB04 -0368) FOR TAP ROOM DECK v oc X e 7 ' 7 / 1 e/� n Department of Community Development TO 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 COWN TY0EVELOPWNT web: www.vailgov.com Project Name: TAP ROOM DECK DRB Number: DRB060302 Project Description: Participants: OWNER REMONOV & CO INC 07/13/2006 PO BOX 1888 EDWARDS CO 81632 APPLICANT REMONOV & CO IIVC 07/13/2006 PO BOX 1888 EDWARDS CO 81632 Project Address: 333 BRIDGE ST VAIL 333 HANSON RANCH ROAD, VISTA BAHN BLDG Design Review Board ACTION FORM Location: Legal Description: Lot: C Block: 2 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101 - 082 - 4200 -1 Comments: Motion By: Second By: Vote: Conditions: BOARD /STAFF ACTION Action: STAFFAPR Date of Approval: 07/13/2006 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: CON0008267 Approval of this project shall lapse and become void on November 17, 2006, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Bill Gibson DRB Fee Paid: $250.00 Minor Exterior Alterations Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 AKU tel: 970.479.2128 fax; 970.479.2452 TW ff Y web: www. 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: Zoning: f �- C_ 1- C(DA4 Mf,4 ;a 'D P_ C Name(s) of Owner(s): � �IA &I o'j +- (:Owi i r, 01i C, Mailing Address: IV17� , V Phone: ";e 7o, 7Z.6 Gn'(" Owner(s) Signature(s): i Name of Applicant: f_lz jAkZrJ 00 t` Mailing Address.* Phone: Add ress; 4i E-mail Add 0 1 Fax: 7 '1 -7 Type of Review and Fee: El Signs ❑ Conceptual Review ❑ New Construction ❑ Addition For Office Use Only: Fee Paid: VajUr.4 Check No,: By: Meeting Date:-N - 7-1 DRB No P I Kanner: Project No.: ?K'J�Qy- $50 Plus $1.00 per square That 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). $25ib For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. 120 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board, No Fee 0 0 Location of the Proposal: Lot: Block: 2- Subdivision: Vum! Physical Address: > HiAAS&m U4 ( Parcel No.: P<J61 _ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no. Minor Alteration (multi-family/commercial) • Minor Alteration (single-family/duplex) ❑ Changes to Approved Plans • Separation Request For Office Use Only: Fee Paid: VajUr.4 Check No,: By: Meeting Date:-N - 7-1 DRB No P I Kanner: Project No.: ?K'J�Qy- $50 Plus $1.00 per square That 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). $25ib For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. 120 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board, No Fee 0 0 Location of the Proposal: Lot: Block: 2- Subdivision: Vum! Physical Address: > HiAAS&m U4 ( Parcel No.: P<J61 _ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no. Page 1 of 3 Bill Gibson - RE: Remonov & Company - Extension of BRD Approval for DeckonVista Bahn Building From: 'Ross Agre" <ragre @comcast.net> To: "'Bill Gibson "' <BGibson @vailgov.com> Date: 07/13/2006 11:13 AM Subject: RE: Remonov & Company - Extension of BRD Approval for DeckonVista Bahn Building Thank you. Regards, Ross Remonov Capital, Inc. Ross Agre Managing Director & General Counsel (tel) 970 926 6226 (fax) 970 926 6227 (cell) 970 390 1945 ragre @.comcast.net 056 Edwards Village Blvd., Suite 208 P.O. Box 1888 Edwards, CO 81632 From: Bill Gibson [mailto:BGibson @vailgov.com] Sent: Thursday, July 13, 2006 10:58 AM To: ragre @comcast.net Subject: RE: Remonov & Company - Extension of BRD Approval for DeckonVista Bahn Building Hey Ross, The PEC approved the Conditional Use Permit in the fall of 2004; however, the approval was appealed to the Town Council. The Town Council upheld the PEC approval of the CUP on November 17, 2004. Since a conditional use permit approval is valid for 2 years (pursuant to Section 12 -16 -8, Vail Town Code), we will extend the design review approval to November 17, 2006. 91 Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970) 479 -2173 (970) 479 -2452 fax >>> "Ross Agre" <ragre @comcast.net> 07/13/2006 10:48:57 AM >>> Bill, In speaking to Rick Mueller, he thought that the conditional use permit for the project expired in 07 rather than file: / /C:\Documents and Settings \Administrator\Local Settings \Temp \GW10000LHTM 07/13/2006 06. Can you confirm whether the date you reference should instead by September 07? Many thanks. Regards, Ross Remonov Capital, Inc. Ross Agre . Managing Director & General Counsel (tel) 970 926 6226 (fax) 970 926 6227 (cell) 970 390 1945 ragre@comcast.net 056 Edwards Village Blvd., Suite 208 P.O. Box 1888 Edwards, CO 81632 From: Bill Gibson [mailto:BGibson @vailgov.com] Sent: Wednesday, July 12, 2006 2:32 PM To: ragre @comcast.net Subject: Re: Remonov & Company - Extension of BRD Approval for Deck onVista Bahn Building Hey Ross, Page 2 of 3 You submitted the correct application form. The Town Staff will approve an extension of the design review approval (DRB04 -0368) for the Tap Room deck expansion until September 13, 2006. September 13, 2006, is the date that the conditional use permit for this project is scheduled to expire. Since the construction of this project has been delayed by on -going litigation, rather than by choice of the applicant, the Town of Vail will waive the re- application fees for this design review approval extension. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970) 479 -2173 (970) 479 -2452 fax >>> 'Ross Agre" <ragre @comcast.net> 07/12/2006 12:29:29 PM >>> Bill, Following our conversation about extending BRD approval for the deck on the Vista Bahn building, I am trying to make sure that I am preparing the correct cover sheet. I have not been able to find the original application to copy..Attached is a copy of what I have prepared. Can you please confirm that this is the correct sheet. It wasnZt clear to me whether this was an z Addition— or a z Minor Alteration—. I could not find a cover sheet application for an 2 Addition— on the Town2s website. file://CADocuments and Settings \Administrator\Local Settings \Temp \GW}0000l.HTM 07/13/2006 Page 3 of 3 Also, I am trying to determine whether there is a fee payable in connection with our extension request, and if so, what amount. Thanks very much for your guidance. Regards, Ross Remonov Capital, Inc. Ross Agre Managing Director & General Counsel (tel) 970 926 6226 (fax) 970 926 6227 (cell) 970 390 1945 ragre . mcas 056 Edwards Village Blvd., Suite 208 P.O. Box 1888 Edwards, CO 81632 file: / /C:\Documents and Settings\Administrator\Local Settings \Temp \GW }OOOOI.HTM 07/13/2006 �1 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: November 16, 2004 Dec., Stcoj �WA = 1 �t (o" SUBJECT: An appeal of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12- 76-46, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing, and setting forth details in regard thereto. Appellant: Bridge Street Lodge Residential Owners Assoc. and its individual owners Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at 333 Hanson Ranch Road (Vista Bahn Building). II. STANDING OF APPELLANT The appellants, Bridge Street Lodge Residential Owners Association and its individual owners, have standing to file an appeal as adjacent property owners. III. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12- 7B -4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing, and setting forth details in regard thereto. Pursuant to Sub - section 12- 3 -3 -05, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." The appellants' appeal application has been attached for reference (Attachment A). r IV. BACKGROUND On September 13, 2004, the Planning and Environmental Commission held a public hearing to review a conditional use permit application from Remonov and Company to allow for an outdoor dining deck, located at the Vista Bahn Building (i.e. the Tap Room), 333 Hanson Ranch Road. The Planning and Environmental Commission heard testimony and public comment supporting and opposing this proposal. The primary objection to this proposal came from adjacent property owners who are concerned about both the existing levels of noise from the Tap Room and the Sanctuary nightclub and the possible noise which could be generated by the proposed outdoor dining deck. The Planning and Environmental Commission expressed its concern about the current noise issues, but recognized that the existing noise issues are associated with the Sanctuary nightclub and not the proposed outdoor dining deck. The Planning and Environmental Commission voted 7 -0 to approve the conditional use permit for the proposed outdoor dining deck with six conditions intended to mitigate the impacts of the deck on the adjacent property owners: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 2. The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end no later than 10:00 PM daily. 3. Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 4. The use of the outdoor dining deck shall comply with the provisions of Section 5- 1-7 (Noise Prohibited), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 5. Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 6. Any signage associated with or displayed upon the outdoor dining deck shall comply with the provisions of Title 11(Sign Regulations), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. On September 15, 2004, the Town of Vail Design Review Board (DRB) reviewed and approved the design review application associated with this proposal. The DRB approved the application by a vote of 3 -0 with two conditions: K V 9. The applicant shall not alter the existing informal pedestrian /skier path, located between the Vista Bahn Building and Mill Creek, from its present condition. 2. The applicant shall not remove any trees as part of this proposal. On October 1, 2004, the appellants submitted an appeal application to the Town of Vail Community Development Department appealing the Planning and Environmental Commission's approval. The Planning and Environmental Commission memorandum dated September 13, 2004 (see Attachment B) and the September 13, 2004, Planning and Environmental Commission meeting results, in -part, (Attachment C) have been attached for reference. V. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12 -3, Administration and Enforcement (in part) Section 12 -3 -3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 9. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. 3 It Chapter 12 -16 Conditional Use Permits (in part) Section 12 -16 -6: Criteria; Findings 12 -16 -6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title 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 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 use will comply with each of the applicable provisions of this title. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council upholds the Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12- 7B -4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 Filing, and setting forth details in regard thereto. Staff's recommendation is based upon evaluation of the criteria and findings noted in the September 13, 2004, Staff memorandum to the Planning and Environmental Commission. M 1 r' As this site is adjacent to the ski yard, Staff believes the proposed outdoor dining deck is in character with the decks and patios at other eating /drinking businesses in the Village, will add vitality to the Village, and will generally be a positive amenity for Vail's guests. Staff recognizes that this site has a commercial zoning; however, there are adjacent residential uses. Staff believes that the limitations placed on the decks hours of operation and amplified sound by the Planning and Environmental Commission will help mitigate the impacts of the deck on adjacent properties. Staff also agrees with the Planning and Environmental Commission that the applicant and the appellant need to work together to resolve their current disagreements about the existing noise levels from the Sanctuary nightclub; however, these issues are separate from any potential noise generated from the proposed deck. The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. Should the Town Council choose to uphold the Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12- 76-46, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: 1. That the proposed location of the use is in accordance with the purposes of this title 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 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 use will comply with each of the applicable provisions of this title. Should the Town Council choose to overturn the Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12- 76-46, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 51 Filing, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: 1. That the proposed location of the use is not in accordance with the purposes of this title and the purposes of the district in which the site is located. 5 I 2. That the proposed location of the use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will not comply with each of the applicable provisions of this title. VII. ATTACHMENTS A. Appellant's Appeal Application B. September 13, 2004, Planning and Environmental Commission memorandum C. September 13, 2004, Planning and Environmental Commission meeting results (in -part) D. Public Notice Cs3 Attachment: A MURRAY FRANKE GREENHOUSE LIST & LIPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR Thomas M. List 1228 FIFTEENTH STREET Licensed in Colorado DENVER, COLORADO 80202 and Florida Telephone (303)623 -4500 distctmtgll.com Fax (303)623 -0960 303- 623 -0025 September 30, 2004 VIA UPS OVERNIGHT File No. 1290 -1 Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: APPEAL TO TOWN COUNCIL Appeal of Conditional Use Permit granted for Outdoor Deck Vista Bahn Building /333 Hanson Ranch Road granted to Remonov & Company, Inc. To Whom it May Concern: The Bridge Street Lodge Residential Owners Association ( "Association ") and its individual owners hereby submit this appeal, pursuant to Section 12- 3 -3(C) of the Vail Town Code, to the Planning and Environmental Commission's ( "PEC ") September 13, 2004 decision granting a Conditional Use Permit to Remonov & Company, Inc. for an expansion to the outdoor deck on the Vista Bahn Building, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1 ( "Conditional Use Permit "). The Association and its owners will suffer an adverse effect to their interests as adjacent property owners which are furthered by Title 12 of the Vail Town Code. The Association requests that the Town Council reconsider the PEC's decision and deny the requested conditional use permit. A detailed explanation of how the Association and its owners are aggrieved and adversely affected by the PEC's decision is contained in the September 10, 2004 objection filed by the Association and its owners to Remonov & Company, Inc.'s application for the subject conditional use permit, which is attached hereto and incorporated herein by reference. This September 10, 2004 objection also contains the grounds for this Appeal, including reference to specific code sections. Please find enclosed the following: Attachment A , Appeals Form Attachment B A copy of the September 10, 2004 objection filed by the Association and its owners to Remonov & Company, Inc.'s application for the subject conditional use permit. Town of Vail Department of Community Development September 30, 2004 Pa 2 Attachment C A list , of names and addresses of all owners of property who are the subject of the appeal and all adjacent property owners. Attachment D Legal description of Bridge Street Lodge property in Vail, Colorado. Attachment E Stamped, addressed envelopes for each property owner listed. Should you have any questions regarding the Association's position or the materials provided herein, please do not hesitate to call our offices. Y , Je rarer empan U T omas ist array r .. e Greenhouse L st & Lippitt LLP TML /j is Enclosures ATTACHMENT A Sap- 15-04 11:35am From -TOWN OF VAIL COMMUNITY DEVELOPMENT 9704792452 T -961 P.002/002 P-252 Appeals Fora Department of Community Development TOE OVK�A 75 South Frontage Road., Vaii, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action /decision. A complete Form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action /decision. Action /Decision being appealed: Sep 13, 2004. Decision of the Plan and Environmental Commission granting a conditional use permit, pursuant to Section 12 -7B -4 to allow for an outdoor pat located at 333 Hans R anch Road (Vista Bahn Bldg).; granted to Remonov.& Company, Inc. Dateof Action/ Decision: September 13, 2004 Board or Staff person rendering action / decision: Does this appeal involve a specific parcel of land? es') (no) If yes, are you an adjacent property owner? .�(no) Name of Appellant(s): Bridge Street Lodge Residential Owners Assoc, and its indi vidual owners Mailing Address: c/o Thomas M. Li Qt. Murray Franke Greenhouse Li st & Li nni tt T,L,P 1228 15th Street, Suite 200, Denver, C0 8 99srie: 303 623 - 45 00 Physical Address in Vail: 278 HanSnn Ranr RnaH Legal Description of Appellant(s) Pr e in Vail: Lot: Block_ Subdivision See attachmert E Appellant(s) Signature(s): (Attach a fist f sig tures if more space is required). Jennifer L. Stenman, attorney for Appellant Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person ". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. 'Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right -of -way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLFASE SUBMIT THIS FORM AND ALL SUBMITTAL.REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, OC T 0 1 Ll i)rl 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. Planner: - 7 �T, ?Project No. Pff-3 0.3 - Q }.'. F: Wsers %r-devIFORMS\APPL1CtAppaals.aoc ATTACHMENT B MURRAY FRANKE GREENHOUSE .LIST & UPPITT L.L.P ATTORNEYS AND COUNSELORS Thomas M. List Licensed in Colorado and Florida tlist(aWg I.com 303 -623 -0025 GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREET DENVER, COLORADO 80202 Telephone (303)623 -4500 Fax(303)623 -0960 September 10, 2004 Mr. Bill Gibson, Planner Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: OBJECTION TO APPLICATION Application for Conditional Use Permit for Outdoor Deck Vista Bahn Building /333 Hanson Ranch Road Applicant: Remonov & Company, Inc. Dear Mr. Gibson: File No. 1290 -1 This letter shall serve as the written objection of the Bridge Street Lodge Residential Owners Association ( "Association ") and its individual owners to the application for a Conditional Use Permit for an expansion to the outdoor deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. On July 29, 2004, Remonov & Company, Inc. (the "Applicant "), represented by Knight Planning Services, Inc., submitted its application for a Conditional Use Permit to allow for the expansion of an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1 ( "Conditional Use Permit "). On September 13, 2004, at 2 :00 p.m., the Town of Vail Planning and Environmental Commission (the "Commission ") will consider a request for final review and approval of the Conditional Use Permit, submitted pursuant to Section 12 -7B -4, Permitted and Conditional Uses; Second Floor, Vail Town Code. The Association and the property owners which are the members of the Association vehemently object to the Applicant's proposed Conditional Use Permit. On July 10, 2000, a similar conditional use permit proposal by the Applicant for the expansion of the outdoor deck was approved by the Commission, but this approval lapsed and became void. In 2003, the Applicant re- applied for approval to expand the outdoor deck using the same proposal. On May 12, 2003, the Community Development Department (the "Staff") recommended approval of that conditional use permit with conditions, including a condition for compliance with certain noise ordinances. (See May 12, 2003 Memo, attached hereto as Exhibit A). In its May 12, 2003, memo, - the Staff specifically noted that improper use of the proposed outdoor dining deck could have negative effects of noise on the environment of the Commercial Core 1 District and attached complaints to The Memo from the Vail Police Department and Christiana Lodge related to noise. (See Exhibit A) On September 18, 2003, the Association objected to the Applicant's request pending at that time. (See September 18, 2003 Bill Gibson Town of Vail Department of Community Development September 10, 2004 Page 2 letter, attached hereto as Exhibit B) During the year 2003, the Applicant withdrew its application. The July 29, 2004, application scheduled to be reviewed by the Commission on September 13, 2004, is yet a third attempt by the Applicant to gain approval to expand the outdoor deck. As will be discussed further below, however, the concerns related to noise raised in the Staff s May 12, 2003, memo have not been addressed by the Applicant and continue to have a serious negative effect on the surrounding property. Objection to Application The primary basis for the Association's and its individual members' objection is the ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to excessive noise and vibrations from the Tap Room /Sanctuary and documented violations of the applicable noise ordinances of the Town of Vail. An expanded outdoor patio will only serve to continue, and likely increase, the excessive noise, and noise ordinance violations at the Tap Room /Sanctuary. Section 12 -7B -4 of the Vail Town Code (the "Code ") allows outdoor patios on second floors above grade provided that such use is approved pursuant to the issuance of a conditional use permit in accordance with the provisions of Title 12, Chapter 16 of the Code. Section 12 -16- 1 of the Code provides that "[b]ecause 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 with respect to their effects on surrounding properties." (emphasis added) Furthermore, 12 -7B -8 of the Code specifically requires that the "[e]ffects of noise, odor, dust, smoke and other factors on the environment" (emphasis added) be applied when considering an application for a conditional use permit within Commercial Core 1 District. The application must address "measures proposed to make the use compatible with other properties in the vicinity." (Section 12- 16 -2(C) of the Code) The Applicant has completely failed to address the effects of noise which will result from the proposed expansion of the outdoor deck. The Applicant barely acknowledges that noise might be an issue and does not address the numerous problems with noise that have occurred at the property in the past and which still exist today. The Applicant makes no attempt to propose solutions to the existing noise problems and potential increased noise problems caused by the proposed expanded dining deck. In order to grant a conditional use permit, the Commission must make a finding that the "proposed location of the use and the conditions under which it would 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" and that the "proposed use will comply with each of the applicable provisions of [Title 12 of the Code]." (Section 12- 16- 6(B)(2) and (3) of the Code) The Commission cannot make the necessary findings because the noise issues will be materially injurious to the surrounding property and the Applicant has failed to even address the necessary requirements set forth in the Code. Conditions and limitations may be prescribed to ensure that Bill Gibson Town of Vail Department of Community Development September 10, 2004 Page 3 i the conditional use will not be detrimental to other uses or properties. (Section 12 -16 -1 of the Code) The Applicant has failed to propose any conditions to the new and expanded use which would serve to eliminate or reduce the impact of any future noise problems. "Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied." (Section 12 -16 -1 of the Code) Documented Noise Complaints and Noise Ordinance Violations The Association has consistently documented its complaints about the noise from the Tap Room. On September 18, 2003, in addition to its objection to the Applicant's then pending conditional use application, the Association requested that the Town of Vail immediately issue a Cease and Desist. Order against the Sanctuary/Tap Room demanding that the Sanctuary/Tap Room stop any further violations of the subject noise ordinances. (See September 18, 2003 letter, attached hereto as Exhibit C) In response to this request David Rhoades, Town Code Enforcement Officer, sent a letter to the Tap Room stating that they needed to meet with the Town and explain how they would address these problems. (See October 20, 2003 letter, attached hereto as Exhibit D). On March 8, 2004, the Association sent a letter of concern to the Commission requesting that the Commission revoke the conditional use permit which permits the Tap Room /Sanctuary to operate as a restaurant and bar because of the noise issues and because the Tap Room/ Sanctuary was violating Section 12 -14 -14 of the (See March 8, 2004 letter, attached hereto as Exhibit E) Section 12 -14 -14 of the Code provides, in pertinent part: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. The professional ambient noise level testing conducted by the Association, discussed in more detail below, documents this Code violation by the Tap Room. The members of the Association who are the owners of the condominium units at Bridge Street Lodge continue to assert that the excessive noise from the Tap Room impairs their ability to use their property both for personal residential use and for residential rental to guests of Vail. (See affidavits of Association members attached hereto at Exhibit F. Those affidavits which are not yet executed will be forwarded to the Town upon execution). Past efforts by the Applicant to assure the surrounding property owners that the Tap Room was attempting to deal with the noise issues were not sincere. On March 1, 2004, Matt Mire, Town Attorney for the Town of Vail stated in an e -mail that according to Mr. Kaufman, the Tap Room had taken several measures with regard to the noise issues including "rendering all upstairs windows inoperable, so that they can not be opened by bar patrons at night." (See Bill Gibson Town of Vail Department of Community Development September 10, 2004 Page 4 March 1, 2004 e-mail from Matt Mire attached hereto as Exhibit G) On March 10, 2004, at 9:00 a.m. the Tap Room upstairs windows were operable and open. (See photo taken by Christiana at Vail attached hereto as Exhibit H). In a site inspection of the Tap Room by the undersigned in June, 2004 Mr. Kaufman showed the undersigned the proposed lock which would render the windows inoperable. At that time only one window on the second floor had such a lock. Mr. Kaufman stated to the undersigned that he did not want to incur that expense for the other windows "because he was going to be expanding the deck anyway." The Christiana Lodge at Vail has documented numerous complaints related to noise from the Tap Room /Sanctuary dating from 2002. (See Christiana Lodge noise complaints attached hereto at Exhibit I). In addition, the Vail Police Department has records of numerous noise complaints. and noise .violations .related to the subject property. (See Vail Police Department Records attached hereto as Exhibit J). These Complaints show that the noise problems have continuously had a real, significant impact on guests and residents of Vail and surrounding property owners. Professional Ambient Noise Testinp. During the nights of August 16, 22 and 23, 2003, David L. Adams Associates, Inc. measured ambient noise levels from Unit 302 of the Bridge Street Lodge. David L. Adams Associates, Inc.'s September 8, 2003, report of these measurements concludes that ambient noise levels exceeded those levels allowed by the Code. (See David L. Adams Associates, Inc September 8, 2003 report attached hereto as Exhibit K� "The mixed Commercial and HDMF land use noise limits were exceeded in every statistical measurement for at least part of the night." (See Exhibit K� During the night of March 12, 2004, David L. Adams Associates, Inc. again measured ambient noise levels from Unit 202 of the Bridge Street Lodge. During the hours of 9:00 p.m. to about 10:30 p.m., the main no source was music from the Tap Room bar. After 10:30 p.m., noise from the Sanctuary nightclub and the Tap Room bar began to exceed the noise from the creek and by 11: 00 p.m. until 1:30 or 2:00 a.m., the nightclubs were the dominant noise sources. David L. Adams Associates, Inc.'s March 26, 2004 report of these measurements concludes that ambient noise levels exceeded those levels allowed by the Code. (See David L. Adams Associates, Inc. March 26, 2004 report attached hereto as Exhibit L) "[T]he noise level limit set by the Town of Vail zoning regulation for restaurants and bars (50 db), if we assume this level is to have units of dBA (decibels A- weighted), was exceeded from 9:00 P.M. until approximately 1:35 A.M. when the music stopped." (See Exhibit L) Request for Denial of Application The Association and its members request that the Commission deny the Applicant's requested Conditional Use Permit. The application fails to meet the requirements of the Code and the Commission cannot make the necessary findings to approve the use given the serious Bill Gibson Town of Vail Department of Community Development September 10, 2004 Page 5 noise issues. If the Commission does approve the application, which the Association strongly opposes, the Association requests that strict conditions be imposed to ensure that no noise ordinance violations will occur and to reduce the effect of noise on the environment. Any such restrictions or conditions should first meet with the approval of the Association and its members. Should you have any questions regarding the Association's position or the materials provided herein, please do not hesitate to call our offices. Sincerely, Thomas M. List Murray Franke Greenhouse List & Lippitt LLP TML /jls Enclosures EXHIBIT A u�•lIWill rrum wnn yr YAIL .GUM UNITY DEVELOPMENT 970479245'• T-119 P.002 F -T99 MEMORANDUM T0: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2003 SUBJECT: A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 7B-4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village I Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner. Bill Gibson SUMMARY The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit, to allow for an outdoor dining deck at the Vista Bahn Building, located at 333 Hanson Ranch Road_ The same conditional use permit proposal was approved by the Planning and Environmental Commission on July 10, 2000; however, this previous approval has since lapsed and become void. The applicant is now re- applying for a conditional use permit using the same proposal. Based upon staffs review of the criteria in Section VIII of this memorandum, the evidence and testimony presented, and the Town's previous approval of this proposal, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit, subject to the findings and conditions noted in Section 1X of this memorandum. Staff believes that the use of an outdoor dining deck on this site is appropriate; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that design alternatives are available which more closely adhere to the criteria for.review of a conditional use permit proposal. In addition to a condition use permit, Town of Vail design review approval is also required for this proposal. Town of Vail design review of this proposal may require significant alterations to the proposed outdoor dining deck design and configuration. N. DESCRIPTION OF REQUEST Pursuant to Section 12 -7B-4, Vail Town Code, the applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit to allow for an outdoor dining deck at 333 Hanson Ranch Road. This proposal will involve an approximately 510 sq. ft. expansion of the Tap Room's existing, second -floor deck located on the south side of the Vista Bahn Building. A copy of the applicant's request and the associated architectural drawings have been attached for reference (see Attachment 6 and C). 1 ,,,, WJMU i11 vcmumni 9704792452 T -119 P.M. 'F-;T92 Ill, BACKGROUND On July 10, 2000, the Planning and Environmental Commission'approved this same )conditional use permit proposal, pursuant to Section 12 -78-4, Vail Town Code. Since construction of the previously approved outdoor dining deck was not commenced within two years of the conditional use permit approval-, the Planning and Environmental Commission's July 10, 2000, conditional use permit approval has lapsed and become void. The Planning and Environmental Commission reviewed the current application at its April 28, 2003, public hearing. The Commission requested that the applicant further examine design alternatives for the proposed outdoor dining deck. One of those alternatives was to realign the existing pedestrian access between Hanson Ranch Road and the bike path to be completely located to the east of the Vista Bahn Building_ The applicant's evaluation of those design alternatives has been attached for reference (see Attachment D), The applicant is contending that the outdoor dining deck design reviewed by the Planning and Environmental Commission at its April 28, 2003, public hearing is the most appropriate of the design alternatives. The Town of Vail Design Review Board conceptually reviewed the associated design review application for this proposal at Its May 7, 2003, public hearing, The Design Review Board was generally supportive of the concept of an outdoor dining deck located on the south side of the Vista Bahn Building: however, the Board was not supportive of the proposed design on the deck. The following is a brief summary of the Design Review Board's comments from its conceptual review of this proposal: • The proposed deck design hinders and discourages pedestrian access to the. businesses in the Vista Bahn Building and pedestrian access between Hanson Ranch Road and the ski mountain. *. Adequate head - height clearance between the proposed deck and the existing pedestrian access stairs is a concern. • The existing evergreen trees should not be removed. • The deck should be located within the Vista Bahn Building property boundaries. • The proposed deck needs to be redesigned with a more logical configuration. • The finish treatments and lighting for the under -side of the proposed deck are a concern. - A smaller deck expansion with abridged walkway connection to the bike path should be considered- 2 .... -ruin rium — IWin ur YAIL.UUk?rMUNITY.DEVELOPYENT 8704792452 "T-119 P.004 F-799 Relocation of the pedestrian access easement entireiyto the eastside of the Vista Bahn Building should be considered. This may address many of the Design Review Board's concerns and provide an opportunity for an even larger outdoor dining deck, with a more logical configuration, than is currently being proposed_ The Design Review Board is tentatively scheduled to review this application again at its May 21, 2003, public hearing. N. ROLES OF REVIEWING BODIES Planning and Environmental Commission. Action: The Planning and Environmental Commission is responsible for final approvallapproval with conditionsldenial of a conditional use permit. The Planning. and Environmental Commission is responsible for evaluating a proposal for 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facillties, utilities, schools, parks and recreation facilities, and other public facilities and public facillties needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverablllty, and removal of snow from the streets and parking areas. 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. 5_ Such other factors and criteria as the Commission deems applicable to the proposed use. 6_ Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 5tafF. The stafF is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 3 rium-iunn Ur PAIL UUWUN[TY DEVELOP!iERi 9704792452 T-119 P.005/046 F =798 Staff provides a staff memo containing background on the property and provides a staff -evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICASLE PLANNING DrDCUMEN Town of Vail Zoning Re uQ !gt ns Tj_itle 12, Vail Town Cow Article 12 -7B: Commercial Core 1 (CC1) District 12 -7B-1: PURPOSE. The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Valf Village commercial area, with its mixture of lodges and commercial establishments in e predominantly pedestrian environment. The Commercial Core 7 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types ofbulidings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are Intended to ensure the maintenance and preservation of the fightly clustered r ngements of buildings fronting on pedestrianways and public greenways, and to sure continuation of the building scale and architectural qualities that distinguish the Village. 12 -7B-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores_ Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops_ Theaters. Type //I employee housing units (EHU) as provided in Chapter 13 of this Title. 72 -75-8: CONDITIONAL USES; FAC70RS APPLICABLE: In considering, in accordance with chapter 16 of this title, an application for a conditonal use permit within commercial core 7 district, the following development factors shall be applicable: A. Effects of vehicular traf rc on commercial core 1 district. B. Reduction of vehicular tra rfic in commercial core 1 district C. Reduction of nonessential off street parking. D. Control of delivery, pickup, and service vehicles. 4 u .yupm rtmm Vr VAIL COMMUNITY DEVELOPNEV 9704792452 7-119 P.006/046 F E. Development of public spaces for use by pedestrians. 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_ 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. N. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 7 district. Chapter 12 -14: SUPPLEMENTAL REGULATIONS 72- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fiffy (50) decibels outside the enclosing walls or callings of the use. B. Dwelling units in the same structure Orin structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated w/th appropriate covering. Chapter 12 -16: CONDITIONAL USE PERMITS 12 -96-1: PURPOSE; LIMITATIONS: In order to provide the flexibilify necessary to achieve the objectives of this title, specified uses are permitted in certain 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 maybe located properly with respectto the purposes of this title and with respectto their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts maybe permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 72 -76-8: PERMiTAPPROVAL AND EFFECT* Approval of a conditional use permit shall lapse and become void if building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. F — __ _. u& rfum miri YAIL COfrtdUNITY OEVELOPkOT 9704792462 1-119 P.007/046 F -799 Va i! Viifage Master Plan The Vail Village Master Plan includes the following goals and objectives that staff believes are applicable to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities tv better serve the needs of our guests_ 2.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important sb eetscape feature .and shall be encouraged in commercial infill or redevelopment projects. VI. j! ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: \tillage Master Plan Current Land Use: Mixed Use Development Standard Allowe_ d /Re uq_ ired Existing Proposed Lot Area: 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Bullding Front: Per Vail Village 0 ft no change Building Sides: Urban Design 0 ft.12 ft. no change Building Rear_ Guidelines 22.5 ft no change Rear Deck (south): 21 -5 ft, 1 ft_ Stream: . 30 ft. 19 ft. no change Building Height: 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft_ to 43 ft. 40% at 43 ft. or less no change Density: 25 unitsiacre 1 units no change GRFA: 3,716.8 sq. ft. 3,507 sq_ ft, no change Site Coverage: 3,716.8 sq. ft. 3,949 sq. ft. no change Landscape Area: Per the Vail Village 314.6 sq. ft. no change Urban Design Guidelines Parking: 15.7 spaces 0 spaces no change .6 Dui -4e-u4 a2:4Bpm From -TOWN OF VAIL COMMUNITY DEVELOPWNT VO4782452 7-110 P.008/046 F -T88 Vll. SURR North: South East: West_ OUNDING LAND US Land Use Mixed Use Open Space Open Space Mixed Use ES AND ZONING Z o. ninq Commercial Core 1 District Agricultural & Open Space District Outdoor Recreation District SDD #31 (Commercial Core 1 District) VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit; 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this slte is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified In Section V of this memorandum. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes there are other design altematives which more closely adhere to the development objectives of the Town. 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. Staff believes that this proposal, as designed, will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Bahn Building which provides access between Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 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 believes that this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. - uc:40 pm rram -ium OF VAIL COWUNITY'DEVELOPOT 9704792452 1-119 P.009L04E F -7g; -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 relation to surrounding uses. Staff believes that the proposed use of an outdoor dining deck has many positive aspects and that the character of the area will be enhaneed as a result of the proposed improvements. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. Staff recognizes that this site has a commercial zoning, however, there are residential uses adjacent to the proposed outdoor dining deck. The proposed deck has been designed with a nearly eight foot setback from the Bridge Street Lodge Building to address the requirements of Section 12- 14 -14, Vail Town Code, as referenced in Section V of this memorandum. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses_ Pursuant to Section 12 -7B-8, in considering an application for a conditional use permit within Commercial Core 1 district, the following development factors shall be applicable: Consideration of Factors Regarding th Conditional Use Permit in the Commercial Cor 1 (CC1) district A. Effects of vehicular traffic on Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. B. Reduction of vehicular traffic in Commercial Core 1 district Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. C. Reduction of nonessential off street parking. Staff believes that this proposal will have minimal, if any, negative impacts on the above- described criteria. D. Control of delivery, pickup, and service vehicles. Staff believes that this proposal will have minimal, if any, negative impacts on the above- described criteria. 8 -... — uL. :yaplii rrcm -iu 'Nn ur VAIL COMMUNITY DEVELOPMENT 8704781452 T-110 P.010/046 F -TBO E. Development of public spaces for use by pedestrians. Staff believes that the proposed design of the outdoor dining deck will have a negative effect upon the light; air, and pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. Again staff believes that an outdoor dining deck use is an appropriate use on this site. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more appropriately accommodate public pedestrian spaces. 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. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. 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. Staff believes that an outdoor dining deck located on the south side of the Vista Bahn Building is consistent with the character of the Commercial Core 1 district; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that there are other design alternatives which more closely adhere to these criteria. The proposed deck design will cover a significant portion of a pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. The Design Review Board has also noted specific concerns about the applicant's proposal to remove two existing, mature evergreen trees to accommodate the proposed dining deck. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on odor, dust, smoke, and other factors on the environment. However, staff believes that the improper use of the proposed outdoor dining deck may have negative effects of noise on the environment of the Commercial Core 1 district. Copies of complaints from the Vail Police Department Christiania Lodge have been attached for reference (see Attachments E and F). - ��•Ynwu •ri- vm ur YAIL COMM UNITY DEVELOPYENT 8704TME2 T -119 P.O11 /040 F=7N - The proposed outdoor dining deck is located within the Commercial Core 1 (CC1).zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance wlth the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. The Planning and Environmental Commission .shall make the following findings before pranting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation 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. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX, STAFF R The Community Development Department recommends approval with conditions for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 7B-4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Staff's recommendation is based upon the review of the criteria in Section V I I I of this memorandum and the evidence presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 (CC1) 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1- This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 10 WF rni6.6U MU11 11I utvtLur=NI _ 9704792452 7 -119 'P.012/046 F -799 2. The applicant shall receive express written approval for this proposal from all effected utility providers; and the applicant shall submit said documentation to the Town of Vail Department of Comm unity Development prior to final design review approval. 3. The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end' no later than 10:00 PM daily. 4. Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 5. The use of the outdoor dining deck shall comply with the provisions of Section _s- I , -7 (Noise Prohibited), ValI Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permlt 6. Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. 7. Any signage associated with or displayed upon the outdoor dining deck shall comply with, the provisions of Title 11 (Sign Regulations), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. X. ATTACHMENTS A. Vicinity Map B. 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"� _� �!i �•c. � j r ,� .� J 'S �r-d �^•�`,� r r � � • :r� 1 Jla� ,"Y!, - 4 � � .'�'�ii.. �•'' i lT.:• y� i t ✓ 'tr.« ' % •mow •4 } 1 eF T ti� X EML •'Z.�ba. J M,' 1 44.7 1 ., ` T��A� 7 +Y 3 r �� ^.�'P'�rr "..'� a , v :� . 1 -�' •�..tTt �, �at!' ,r✓rjtr't` "�� '• ?. r .: AM M, •` • r ' r t Nr 'r e _ *''�"e'r • - " l t .• �'•_'�t•-, re .+" 1 J - ;�.f� r �, r �� ' � �' - •N „ � �., '+Syr � , �,r •, �� t :J,n- m +�t' '`�t " _ �. '' . ,� r•r'w' Y � �• •t1 t. � .F w .ate t !� ,�. 4 � •�«�.. r' 7. a..Cr � n „• .ter ;, � s `� �• .r�� �,� ,� ,:r.� y r�1l .I.� dry � �.. - �•..., - � ,�. .. .. u4 :33pm rrom- IOWN OF YAIL.COMMUNITY.DEUELOPYENT 9704792452 "T -120 P.014/046 F-T99 Attachment: g Variance Request Deck Addition The Vista Bahia Building has been, and continues'to be, a key element in the fabric of the co center of Vail. It was a commitment by the owners of the Vista Balm Building to upgrade and improve the interior as well as the exterior of the structure upuz putchasc. The first priority was to complete major interior upgrades and quality improvezncrns. The second and already accomplished priority was to improve the appearance ofthe building exterior. The approved deck was to be built last year but was Dot done due to cash flow considerations. Positive benefits to the public were demonstrated with that approved application_ To summarize the discussion of the hearing on the ori ginal application, the following were the main points: 1. The benefits of allowing the addition outweighed any potential negative impacts of the improvements. 2. The proposed use met key Master Plan goals. 3. Irnprovem.Ants to existing structures arc strongly encouraged. 4. Concentration of tourist services should occur in the CCI Zone District 5. .A, hardship clearly exists due to the lack of alternatives for provision of out side dining space. 6. The space below the new deck is, for the most parr, paved so very little new impervious surface will be added. The planned improvements in this new application are identical to the previous one_ Not only are the conditions essentially the same the need has intensified. More services for The guests of the resort are desired. And this is the appropriate location. No negative impacts are anticipated. In this area other restaurants offer outside seating. This is a very popular service. Additionally this is an area where the Master Plan encourages these uses. Jw u4 : oopm rrom OF VAIL COWUNITY DEVELOPOT 970479NE2 F.F1 — ? ' (. J. � _ "O'Y �' - 'a��:'�'LyY�+�^.^�1'y ",T. � r �'ht�ri� a 7i r TV0 N i , T 7 -rp V Z� T -1 P F-799 Attachment . , C s:!, r 7 XM� ot -Z ;7 FA T, IT, • 7, 1 . s: �tjzn i� 7 7! Z., lip: IL 4. -- c LU -T auk -ce — ua ut:bbpin - From - TOWN OF VAIL COMMUNITY DEVELOPOT 9704792452' S -120 P•015/046 F = , 799 , +resw>'.c .mn 11 j loll IJ fd�•J4 '_(�l/� �1�� {S;� �Q I • il I 1 J.CIf .:mot .,' 4. • . F: .1.. - .I^"t"� •... r yi � � ... - �. _,ice` t •_ � 1:' " -. J - �'� ^ T I j' I ' �\ ' X1•'� .X �,� •., �7. .r - 1" 'y' ri te r.. "j'.Cn ",I �_ - Lr. � �� IY' - `.sl'c "v., ` 1` try j' Lys '� _! - � 1 � ,�.f . �' 1: 1. i.•', i 1 " ' _ - v , i • � � • � I Yitta i - 1^'' }} ' �� �� '• � ; r; ; '�'��.���,,-^° •� ,'= ;i....- > v:.��tSj'i I is _ _, ... �' _.�• _- v °,�-al _ •{ f : _ :.D '�' ,C:- I.. „,�.._ ; i 'i - :�, _ y- :.t„;.I.�} � 'f,.``., :•aD YI:. ::1".(. 4 ,�!`.� - _r:,..• ` � '��. • '1; ' ti•... -'� 1.x, '`' _ r , z..• sr: •' �.• •1 _� 1:... � .C.' L i -f.l �.: i•i _ iC � ` i�'..: A.. •�yi . ..1.. •:. i :l � ':l- • L. _ - .• � .r.-` .:'r.: • _ni:•Tl.._t1'i•e.-'.: �- .:..._ _�ti.� our - cy - !u az!55pm From -TOWN OF PAIL COWUNITY DEVELOPMENT 97047BZd5Z - 7 - 120 P.017 /Od6 t F -799 t y lilt I o,l i�iT� i�'.I1 � t - i I,I I i I 1 1 I _• �•� -._.__ ..� •_.__ -___} --_�.� v � —�--- I I I' -• _�- - �,�n I � I i • -'\� � �` : ... • i - • 'fl • � ��! r � _ `119 •t auf%v_ua o?:5Tvm From —TOWN OF VAI L COMMUNITY DEVELOPMENT BT04TV45P i -120 'P.018/04E F —TB8 '�>••.q.,.., om� 39b'T11n "Iran a � 39 �a u � ' . :���'I� :1t2_ i q. i. .'r i�i j .o o i• ,i'- .11,' _ :Ih'. - - .,I'.t •' � I I_`�' I �i �': :vi,a �'..�: it �:�i .;}+ '•��i� r -� .� � _ Y r 1 5 � „ z ��� ! ' ,_:�_.� � • , � 'J. . �� •, . . � F i ? 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Z .,. ._.�. .. r.- _ - -� ✓ -x. �,•. �..�;. _ .. �- _... ^. .. "c, .t'• ?J�i::'_.. _!•v. _.� -:.... ._.: ..`. {.S _iv4+�- ocr1�71�'�] .��y'..•�`Y .-•'� 3'I �ur - c� - u3 UZ From -TOWN OF VAIL COMUNITY DEVELOPMENT 9704792452 T -120 P.019 /046 F -789 Vol anning •Attechmerrt: ,p May 6, 2003 "Via Fax #479 -2452 Mr. Bill Gibson Town of Vail DepaMnew of Cammnuity Devalapm -nt 75 South Frontagc Road Vail, CO 81657 ALE; The Vista Bahr Conditional Use Pcimit Dear Bill: As the P lan and Environmental Cammissi=requestcd, we have researched ism= r--I=d to the suggested option of moving the public stairway at tihc South side of the Vism Baba Building_ Bothphysi -a1 and financial impacts have been. analyzed. On Monday, May 5`', I mct on site with two represrniatives of Holy Cross Electric for a thorough review. There was immediate cancern stated by them, as existing access to the transformer is cxrely dzfn.enh The goal of Holy Cross is to have access by large vehicles when ncc: ssa;y, This includes crones to remove and replace the existing transformer as may be needed. Mill Creek, existing buildings and large trees contribute to the high deg= of difficult access ctuzundy, While thr new deck world not exaaerba3e that condition, there remains v= =m by Holy Cross. The basic response appeared to be that: the deck, as ni:g=tly designed, would not firthcr affect the t=sfaimzr. The design aLco avoids impacts on the large junction box that is located near the transformer. These are major and critical electrical deAi= for a large part of this section of Vail. Holy Cross is very opposed to any change, which may affect these facilities, Based on the underground extensions from this dnvice, there is a very considerable wire complex buried at this site. No precise drawings are available, 'however. The stone faced Concrete retaining wall which is located on Town of Vail property east of the building would p=abably not meet standards of the current stream setback re gulatio ns. 1 location ass=t ally eliminates the possibility of both an access at ground lcval to the steps that lead to the best of the mou ntain and a parallel set of steps le nding to the bike and pedestrian path_ T'b, area is just too narrow unless the stream setback regulations am violated, bcx. 947 - eagle, = 81631 - 970.928.6299 - far, 970.325.6254 lops ®valLnst awl - U.:zIPM from - TOWN OF VAIL COMMUNCTY D6VELOPENT 9704792462 T -120 P.020/O46 F -T99 An important and complex t!I=houa op=n6nn dtvicc is alsa located. h=. It is a 1 sigai5= unk=Wn Matt= of the cx= of haricd cabl=, ctc. lire. The cturentproposed dosign of'thc L�=h avoids all of these issues, TI= was a sigai"ftcaut sfesign'factor in the iztitial dL- cisi.on by both the bivldiag awn= and the Town of Vail. As noted above, th=e H,n same unlmown itmns, patticulady the exact aTT"ugr and location of the und'rgronnd wiring. Vvithout cgdmadug t� cost oi� tb t MI= iL-ms, r=oving the existing stcmc mid concrete walL rcmoviug three trees and replacing the wall f=her To tic East and close: to Mill a=le, adding a now set of stairs, and adding landscaping and trees to replace those Iflst, is in the $Sfl,aoa -$I Oo,000 r3ngr. Thus is considerably more than the cost of the propnscd dxlt. The matter of moving closer to the sueam was not dis=sed in mach detail. At the previous hcaringa, in 2000, this was highly discouraged, •thus resultiag in the previously approved and cu =nt proposed design. T hope his has ben of assi_��r in yam considerations. Please mall me at your =wcaiencc to discuss f toter. Best mg Terrill P n ghi cc; Was= Campbell — Fax #479 - 2452 Rick Mueller — Fax #926 -6227 - .fu yr YMIL V.UMMUIIIIT UCYtLUYNthT 9704792452 T -120 P.021/046 F -799 Attachment::;E c m F m F7 J E. ° R o 6 ^' F � m �� 41 Fp pp ppg mq {y m Hx o� �•. oc m Re H C Y QV �•• � v1 O p ve m - O a m H m pp ac7c7uc7 m n a m o S ccd m�a�4 m M 5 as I" 0.4 0.V U aL, qF • ucMni rt.um — iunn ur YA IL - COMMUNITY DEVELORENI 9104182452 B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2S 0 6 0 0 0 0 0 0 0 0 O O O O O O O O C O ¢ xmgmmwmwcc�caxaa�xaaaaamw ¢oecacttarc m cy w bb ,0�¢¢•G• A0. 0.0. 0. it•0. W M0.{L pp..W0.py aw 60.ww 60.u•do.0. dp d 1 F N[ FHl •FFFFL F1- 4 I 4 - �l 4 - -•FREE FF6�•FFF[�+h l F�"h �' F vim m oneO N nc Nn bJ rPJ.' 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UL :2dpm Fr=-TOWN OF VAIL COMUNITYlEVELONENT .9T0 22452 'T-120 P.D F -792 Attachment: -F 71 �rlc�� . _l /�-c, -Gf y(t���1,j� - - 7�'f C C.' �% /,'ski r J 4 1 1-le SI.S; _ _ ... �CZ��_.. '_. l �_�� _ _ L '� 7 �.. _ J15 . �/ � P_ ��� UL C ��.� . r�• �C'Ur' �� '����' �. -- - ... _ _ � - - - •— .._ ... .._ ._�.__.�lr � ✓l SSE�� -• j ;f s �Y •/1,�: -lJy -- ��= -' -��/ G T ,�C�_S/ •,� L� -- - -- — —12 fz ZLIZI fZ1 i <� 6 le 4, '_ 5 �8 LZ. L. i/ 7 7— U(:Udpm erom=TOWM OF VAIL COWUNITY DEVELOPOT 9704T92452 7-120 P.424/046 F -T &9 J17 == - rvlct� . 1. Do you feel Waking your reservation was easy? N 2. Did you hava any problems finding tha Christiania? N 3. Do you checking in at the Front desk was easy? N 4. %Vas :he Front desk agent helpful? O N 5. What is your unit number? 2 6. Ar you s, ;s Eed with your unit? fr no, please explain. N ?- Please rate vo_r unit, "A "- "F" being the best). 8: P! =_ase re th_ ,o;.1s =k =eping service. 9. Please ;at: t he overall service of the Lcdce. 1 Does any rn ,:,`Jor C our 5tE Stand out? Pl6?Se Stat - 11 ' - 1 -- ir n, a M P- a Why Would you stay in this particular unit again? � N 12. Wmild y vu stay at another unit cwned or managed by the N I 13. Do you have env furher comment. g mplaints or sucoestions? Thank you and enjoy your stay!!! Z'1 j� � & I . /,%� =�C./ l/ /� A r-,� i�.T - ` � lam/ �L��.. d •; /' Dui -ca-u� �2:58pm From -TOWN OF VAIL COWUNITY DEVELOPMENT 8704792452 , �1/0/ 'k 49W W � Ar-u J� (,�� T -120 P- 025/046 F -T90 Jul -!4r-U4 UZ:58pm From-TOP Or VAIL .COWUNITY DEVELOPENT 9704T92462 - T -120 P_026/046 F-799 411 I -ca -U� U3:DOpm From -TOWN Or VA I L COWAUN I'TY. 6EVE LOPh'!`NT _9704782452 "T- 121 "P.026 /046 F -798 �L. 4t I OU v J"q l f y � l {, ��) � �l� 1� D G6 0 , J �O 7 � -,VJ -/t �v�ry rn.unr -weir ur VAI L ..GUWUN I rI - utvtLUPkFNT 1TW92452 T -121 P.02TA46 F -798 Personal -Spirit anI Empom"ient Sincerely Yours, 1. Dix Winston. Ill President ttIPACT! - 5 i.p UTC Pxt , »r • Suim 900 - .&n,�16nnul, CU - Sin I] - 3o_'7u-T-ls - fa. \: SU i 1.93'0 • F%It�.il; CaimpLl C AOLf.0.11 September To the Town of Vail My name is Dix - Winston. I have been coming to Vail for business and pleasure for over 15 1. Div tI"insror, 111 Pn;%idcni years. You have a wonderful town, as well as a world class ski area. The lodgings and restaurants are unsurpassed in excellencies and delicacies. But it is with great regret that I will now have to start considering other mountain venues for BO,UtD OF UTAELTORs Jtm Lar a e both business and pleasure. P.IN•fivrir For the past six years my family has spent LaborDay Wcckend in Vail. It is a yearly hiehlight eagerly anticipated by us all. Also for the past six years I have conducted a men's retreat averaging 30- G,crokvr Im.numnt i.cvnrt 40 men on the weekend following Labor Day. It has been our great pleasure to stay at the CMsfiana Lrinbn tmonrt rt,+� Lodge for both weekends. The Christiana is such a special place, quaint and "non- chaniney ", and up until the last two years it has been quiet and restful. One of the things my wife and I looked forward to Bob Pm. r W;kanq.`k Hen each year is opening the window and being lulled to sleep by the soothing sounds of the creel: behind ,,,,, the Christiana. Vonrr C�nSn,.:L.� The past two years have not been as enjoyable or as restful duc to the non stop evening noise BOARD oP REFERENCE from the Tap Room. Over Labor Day, cvcn with the windmv-, closed, my wife had difficulty finding sleep, The booming bass, drunken howlers and crass cacophony went on well past midnight. Tbt Chins WIL• Gamma ch,�Ch Men's weekend of the 7 -9 was no different. It was only with a fan running in the room, windows ltawusr.," r"f closed, and ear plugs firmly in place that I was able to sleep. CHL'Bnd. 5W' I was not the only one disturbed by the aforementioned establishment. Many of iht: men reported difficulty sleeping duc to the dissonant din from the Tap Room. Ao.� Bin o This sinlation needs to be addressed. Their freedom to disturb should stop at my freedom to .MVa.urrraick �re•nnrM r :�Ir,cnant: sleep undisturbed. I would like to continue bringing my family and my business associates to Vail. But not if nr r JJrucn G�i: r „mm "inn o, a,cX this noxious noise continues unabated. Sincerely Yours, 1. Dix Winston. Ill President ttIPACT! - 5 i.p UTC Pxt , »r • Suim 900 - .&n,�16nnul, CU - Sin I] - 3o_'7u-T-ls - fa. \: SU i 1.93'0 • F%It�.il; CaimpLl C AOLf.0.11 L COUMNITY DEVELOP MT 8704782452 T - 121 P,022 /046 •F -799 ua.UIHilt riuirlu141 Uh VAI - --.,r. "'j UN CE IN RD UCAT7ON _ASS 'N A (NE I PeoPle.of the $o ak Cartel � ' ^ 1672 S. A.D,AIy18 DENVEP,, CO 80210 I. D ou feel making your reservationNJas easy? 1; 2. Did you have any problems finding he Christia ia? f ` 3. Do you reel that hecking in at the Front desk w s easy? Y 4- Was the front desK agent helpful? Y N a. What is your unit number? -3 L) 3 _ 6. Are you satisfied with your unit? If no, please explain - r �' I `� � � W1 VS--, ll_.:�j 1 /�/'!n S �j�, ` C T" �� p� yl/I U �j � r' tr �T v�. 7. Please rate your unit, "A "- "F" ( "A" being the best), S. Please mte the housakeeping ser vice y 9. Please rate the overall service of the Lodge. 10, Does any member of our staff tf n out? P�ese state their name and why. n L Lfdg 141 AA,, 11,r 1,11AII ►� 11. Would you stay in this particular unit again? `` Y N 5'z)) a 12. Would you stay at another unit owned or managed by the Christiania? (ON, 1 Do you have any further comments, complaints or suggestions? L ` ! 1 -�,`'4 y�J X1.4 G� `�"r yt �� h� J ► � "� f p�i Thank you and enjoy you St ylll V1 S � � � r � U i2— v'� llf ►�. r�_�'1 'ji " J � 6��' -� �"'� } (ro � rJ � C'�'� +`tee V , , y ' l �c i' C �-� 14 A, C t �, 4✓�'U !2 l 1 �' G 70 GL Y�- (� ' W "✓ r �� j U � ✓ l - 1 --IPill ri- - IVTIN Ur YAWL WMdUNITY OEVELOPkE 8704792462 T -121 x.028/046 F -788 �1 . it .. .. _ .�1 -mac% .��iG � .. �_C- .�•�'!?i`�f . L%t -�,. - - 1 ' 1 • - I plill ri,uyry-jv Vr VAIL UUMMUNITY VEY!;LQPkENT 97047924E2 - T - M P-039/D46 77 -75 - - - -- - rium ivnn ur VAIL.GOkh OITY DEVELOPMENT - 9704T92452 7 -121 P.Q�1/046 F -T98 ') ��2 i• YOB G�2 Cf,7!'�� 6!�''�� . . ( f a.VL L cc ��� p k� 1 L% ✓l.. c��iJ �� Iii � �• �� TO L � vv(. �,�V Lc. L C r , r � I _, _... rr.um -runn Ur VAIL.CUMUNITY OEVELOR 97Od792452 "T-121 P.932/O46 F -799 r- 1 - I Sh 8 L U �i eiw(:%'r 'ti Date: 1. Do you feel making your reservation was easy? N 2. Did you have any prob!ems rending the Christiania? Y 3. Do you feel that checking in at the Front desk was easy? � �! 4. Was the front desk agent helpful? l N 5. What is your unit number? ? 6, Are yz�u satistled with your unit? if no, please explain. Y t` ; 7. Please rate youl unit, - P;'- "F° ( "A" tieing the best). 8. Please rare tha ho, �sekeeping service. S. Please s rvice of the Lodge 4 10_ Does any member of our staff stand out? Please slate their narm,a a d why. 11. Would you stay in this particular unit again? Y 12. Would you stay at another unit owned or managed by the Christiania? r7 1 -'. Do you have any further comments, complaints or suggestions? 1,1 Thank you and enjoy your stay!!!- uj .u4pM ram 0- VA I L COMMUN I TY DEVELORYENT 9704792452 T-IZI P-033/046 F.;799 Lk 4' 1 ZZI �w2o .�� �� cz�-,k r.-.;v C� C, Guy /cat all, L7 I ��l C�✓1 e � J � rrum- wnn Ur 9A1L COW UNITY DEVELOREiIT 9704792462 7 -121 P.034/046 F-T99 f i CIA I L. 2 Q� /� — �r� J MOZI C- 17 LD �:fL-01-- THE L/(��� C' o(,JDf of V OdN G ADuL71" 20&t i! UILbfl,'C t V6x; Decd YEPT IIS nG✓AK� Ur�i�� ,¢C��cST �. n. �. �rJ d£l2 �Cr"!E jpWsJ A �f? �O/'If�iuN:T;� /�✓ LP,iifi;F WCW �Uk'l� cyc h�A!'E No,s� D2D tFitfCE„� ��ND !r OP� ��,vr Ark �l� Zt;U� �(TVIIY, i �,.ra�rcv /��lc yarn - /7�/,'J - 4F 60,4 . LA &L � F4R 'o/ f4t1c Alt !��)J,�CLF /�• `� 1330 � ri unr i vni, yr YAV LU M MITT PEVELVPNENT Date: 1. Do you feel making your reservation was easy? Q N 2. Did you have any problems finding the Christiania? Y 3. Do you feel that checking In at the Front desk was easy? CYY N 4. Was the front desk agent helpful? N 5. What is your unit number? B. Ara ro'u satis`ed rAith your unit 7 if no, please explain. Oy N 7. Please rate your unit "A "- "F" ( "A" being the best), 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge.�/�; 1 D. Does any member Your staff stand out_? Please state th it name and why, 11. Would you stay in this particular unit again? N 12_ Would you stay at another unit owned or managed by the Christiania N 13, Do you have any further comments, complaints or suggestions? x —7— i .97047924'x2 i -121 P.0351046 F -799 iwntl Vr Y A I L 6UWUN I [T VhVI:LQPkENT .9704792452 T-121 P.036/046 F-799 ����� X25. ZIL ZLl, p7l� L 7 " 7 f _7D 1 rrcm- Qr VAIL.CO6'MUNI7Y.OEVELOPWMi '97047e2452 '7 P.037/046 F -789 ;14 f , y� J L1 f ! � I I � -t--. - I ai fL ^ %.: /;:..i (; v. a %� .r �. r / '�'�l; , ,:/ �.. �:..... �.. ., .. � ..'. ^ ..•:v�.l:' .i / -- ao uaPn •rrom -iuo OF VAIL COW UNITY DEVELOPMENT 9T04TB2452 T -121 P- 032/046 F -788 I c.� Cx ' z _. .-� f ��' ��f,•�.t �n�,'�� ' � - mil. /�- :' --„1 -- �j J ��,j �.- C.� --"2 �G�."�•"ti' �•�L. �'�'�'•�� (� ^11 +/'1 1�:r`l..' ; �-C_ �; �t,q� �..A.�C.'L.J�.J'r �"� = r /�•'` �"(,��� .�t'L. V 1 ' — •- �� ��r �;, .� �, —�' fir% _� �,7 �� ,; ':.-a n T r � I � I i ._I..' _, I II vcrcwrMil I aruaraMZ T-121 P.039/04E F-79B I 1 V r'n �;, s ,,v. „ rni. wMUII IT,VtvtLurNt 9704792452 'F -121 P.040/046 F -799 G L- )L C oz2��/i�'✓ �e« _ rrum —ivnn ur VAIL UUMA M 'OEVELOPENT i .9704792452 - T -121 P.041/046 F -7.98 1. Do you feel making your reservation was easy? OY N 2. Did you have any problems finding the Christiania? T Y N - 5°> moo 3. Do you feel that checking in at the Front desk was easy? N 4. Was the front desk agent helpful? oY N f y� 5. What is your unit number? 3 6. Are you satisfied with your unit? if no, please explain. Y N ' 7. Please rate your unit, "A"- "F" ( "A" being the best). S. Please rate the housekeeping service. �1 9. Please rate the overall service of the Lodge. 10. Does any member of our staff stand out? Please state their name and why. b�1"C 11. Would you stay in this particular unit again? Y N 12. Would you stay at another unit owned or managed by the Christiania _ N � 13. Do you have any further comments, complaints or suggestions? Thank you and enjoy your stayfff .Date: 3 J b ) oZ I IAJIIT - Ivfvll vr YMu LUMUNI I T. , VtVtLU?WEllT .9704722432 'T-IZI P.042/046 F -Tg; 7:7 2-,5 ZL IL 7:7 2-,5 ri mfr lvrtl yr rniL GUWUn ITT U:V6LUftN 9T04Tfl2462 T -121 P.043/W F -T98 C rvevr Uest,S-ervt es ZS ut Date: % – • 2 1. Do you feel making your reservation was easy? 2. Did you have any problems finding the Christiania? 3. Do you feel that checking in at the Front desk was easy? 4. Was the front desk agent helpful? 5. What is your unit number? S. Are you satisfied with your unit? if no, please explain N Y (S) (` N 5 N 0 N 7. Please rate your unit, "A"- "F" ( "A" being the best). /q B. Please rate the housekeeping service. O K 9. Please rate the overall service of the Lodge. / 10. Does any member of our staff stand out? Please state their name and why_ 11. Would you stay in this particular unit again? Y 12. Would you stay at another unit owned or managed by the Christiania ?o N 13, Do you have any further comments, complaints or suggestions? o" � y W �` J o rz_ /tom �3 � Gt�4 1 l!„l2 //, Sz (�/1i r 1 �- � li� �- ��--�\ �O��F"�'' � ✓/r S ; � � Cb v - z - � D !fix- 'YtrCJG� ,} i�. �U •z A .s l ✓ - S' iv - r'•,.1,e I C..[..s�,�.v..: �....: •; . _,.v.C� :: . G_.2, s E; ' T!� - G d) Thank you and enjoy your stayl!F"' (, ! � ` � �� —1 �" � �� - -- ....... nunrivnil yr rn i� LouWun DEVEIOMNT 9704792452 'T-121 P.044/046 -F-798 Alaass, Brian Modified: Wed 1115103 6:46 PM 1/14/03 John Everly General Manager Christiana at Vail 356 East Hanson Ranch Road Vail, Co. 81657 Dear Mr. Everly - Thanks for taking the time to read my letter, I hope it is of some benefit to you and the Christiona. A couple of winter seasons ago, me and my wife rented a unit at the Bridge Street Lodge Through the Christiana, It was very nice and we had a terrific weekend. 5o when we were headed to Vail again last weekend (January 10th and 11th) we contacted the Christiana. I believe I may have called'on Thursday, January 9th. I spoke to two different reservations people during the ahernoon/evening. Unfortunately I don't remember their names, but I think one may have been Christine, Whomever I spoke to told us they had one room left at the Christiana, a garden view at a reasonable price. I specifically asked questions about the view and whether it was noisy, as I am a very light sleeper - The reservations person also mentioned a unit available at the Bridge Street Lodge( #304). There were rooms available at other places(Marriott etc.) and for less money_ But after talking it over with my wife, we called back and gat a different reservations person. We took the Bridge Street room due to our previous good experience there. No one mentioned anything about any noise problems in the building. Mr. Everly, #304 was a perfectly lovely studio. However neither one of your reservations people mentioned to us that there was a new disco in the same building- I believe it is called The Tap Room. The hideously laud music began both Friday and Saturday evenings continuing until approximately 2a.m. The thumping, vibrations and revelers were unbearable and kept us awake all night, both nights. Saturday night my wife, Erica, actually retreated to the bathroom and slept on the floor , to oet away from the noise. 7 how bad it was. I believe unit #304 may be the unit in the building closest to the disco. When we checked out Sunday morning, sleepless and grouchy, the young lady at the Christiana desk sympathetic and understanding. She told us The Tap Room had opened recently, and that Christiana reservations people are acutely aware of the issue. In fact, she said they are supposed to tell prospective guests about this noise issue. We had been told nothing, and thats not right, nor fair. We're disappointed that your people made no mention of the new disco and the noise_ If they had, we would have either stayed at the Christiana, or made other arrangements. Obviously, we won't stay at the Bridge Street Lodge again, and we will advise friends going to Vail or the problems we encountered, and where they should not stay. I hope that as a matter of good business you make iT a rule To have your employees disclose this issue to prospective Bridge Street Lodgeguests in the future. Anything less would be misleading and deceptive. EX]H[IBIT B MURRAY PRANKE GREENHOUSE LIST & LIPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREET DENVER, COLORADO 80202 TelephonE: (303) 623 -4500 Fax.: (303) 623 -0960 September 18, 2003 File No. 1290 -1 VIA TELE COPY AND RE GLJLAR MAIL Mr. Bill Gibson Town of Vail 75 Frontage Road Vail, Colorado 81657 Charles Greenhouse c greennouseCmtgll.com Direct Dial (303) G23 -8074 Re: OBJECTION TO APPLICATION Application for Conditional Use Permit Applicant Remonov £A. Company, Inc. Vista Bahn Building; 333 Hanson Ranch Road Dear Bill: We represent the Bridge Street Lodge Residential Condominium Association. This letter is specifically directed to the Sanctuary /Tap Room's application to expand its deck. At the same t ime I have sent to you a separate letter which is a request that the Town of Vail issue a Cease and Desist Order against the Sanctuary /Tap Room, regardless of what happens to this application. As you know, my client strongly objects to the application of the Sanctuary /Tap Room to expand its deck As stated in Ron and Terry Hughes' June 19, 2003 letter to you, the Sanctuary /Tap Room has received over 3 8 complaints and one noise violation over the last several years. The noise from the Sanctuary /Tap Room is excessive and there appears to be no effort by the Sanctuary/Tap Room to abate this problem. Enclosed is September 8, 2003 report from D.L. Adams &Associates uThich documents the violations of the applicable noise ordinances bythe Sanctuary/Tap Room on August 16`h, ? ? nd and 23` Based on information from Ron Hughes and others, the noise levels reported on the D.L. Adams repon are typical of the level of noise from this establishment. The Sanctuary /Tap Room is clearly violating the applicable noise ordinances of Vail on a regular basis. The addition of this deck should not be permitted while this situation ej_ists. Unless the Sanctuary /Tap Room can come in compliance with the Town of Vail noise ordinances, it should not even be allowed to continue as a business, much less expand. Further, there is strong reason to believe that this deck addition grill just add to the problem It would just enhance the likelihood of this business exceeding the noise ordinances of Vail during its peak hours of operation. IVh Bill Gibson September 18, 2003 Pave 2 d- Please feel free to call if you have any questions. Very truly yours, ar es Greenhouse MurrayFranke Greenhouse List & Lippitt LLP Enclosure Cc: Ron Hughes, Vice President (-w/enc.) Arthur Cox, Jr., President (-w/enc.) INC. Consultants in ncausucs anti Perrorming .;%m 7ecnnoi0g1ec ��L. T?onaid Fluuhes 301 Tel -.m mpi, Road, Suite - Bingham Farms. Nil 4S0 ='S T =: �'ndC7e Str °i ' C)d?F' ! se (DL A c r °] ^ °] 1CF 1a0. 678 Dear 1-11r. Hughts: We measured the ambient noise levels.at the bridge Street Lodge in Vail, Colorado, on the balcony of Unit 302 during the nights of Au_-ust 16", 22"' and 23". The followin,- report saIr=ar_izes our findings and presents our noise measurement results. Acoustic T=inolo,7 Please ref °r to Appendui: A for a glossaTv of acoustic terrninology. GoverniRg Noise Codes The State of Colorado incolporates rnm.imu= allowable noise levels as part of Title ^ Htalth%Enviro=t:ntal Control in the Colorado Revised Statutes (CF.S). Article 12 addresses noise abatement and states specific noise level limits in A- weighted decibels (dBA for several different land use zones. This document is used to enforce noise lirnits in the State of Colorado. However, this document states that local city and counry noise codes may adopt standards that are no less restrictive the state noise code. For reference,we have included thepertinent noise code information for the State of Colorado and for the Town of Vail. Colorado Reirised Statutes, Title 3:5 Hcath/Enirironmental Control,Ar*_icle 12 Noise Abatement Cr 25 -12 -103. Maximum Permissible Noise Levels. (1) Every activity to which this article is apoiicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shillness. Sound levels of noise radiating frOM a property line at a distance of twenty -five feet or more therefrom in excess of the d3(A) esablished for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7 :00 a.m. to next 7:00 p.m. 7:00 p.m. to neat 7:00 a.m_ residential Commercial Light Industrial _ Industrial 5 5 dBA 60 dBA 70 d5A 80 dBA 50 d° A dEA 65 dBA, 75 dBA ]70] BOULDER 57= • D21tiTVEP COLORr^.DO 80211 5C3j455 -]SOD • F, -'-X 303/ ^55 - -D187 uti+rN.dlaa.ccm denve °�dl�.a.com 1vlr. T;onal� � S °ntemee 2 L�rrf 1 O1 i ail. Colorado Town Code Titl:• Public Health and Safem Chapter i Public t�uisarec�s, Section " Noise Prohibited 5 - 1 - 7: Noise Prohibited: A. Prohibited Act: The mak nc and. creating of an excessive or an unusually loud noise at any location within the Town heard and measured In a manner hereinafter set forth, shall be unlawful, except when made unoer and in compliance with a permit issued pursuant to subsection r of-this Section. E. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: Noise of anv duration which exceeds the allowable noise limit forthe zone in which the noise source is located by fifteen (15) decibels. ?. A noise, one minute or more induration out of :any ten (10) minute period, which e;:ceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A, noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in whifc` i the noise source is located by three (3) decibels_ C. Sound Measurement Standard: For the purpose of determining and classifying any noise as e;ccessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound levei meter of standard design and quality operated on the A weighting scale. 1. If the noise sourca is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; Maximum Number of Zoning Designation Of Property Decibels Permitted From On Which Source Of Noise Is Located 7:00 A.M. to 11:00 P.M. All residential zones excepting HDIvlF 55 decibels Commercial plus HDMF 65 decibels Industrial service zones 80 decibels Maximum Number of Decibels Permitted Frorr 11:00 P.M. to 7:00 A.M. 50 decibels 60 decibels 75 decibels Vail, Colorado Town Code Title 12 Zoninb Re- ulations, Chapter 14 SuT)plementaI Regulations- Section 14 Restaurants, Bars, or Similar _Uses 12- 14 -14: Restaurants, Ears, or Similar Uses: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: ^ Noise generated bV the use may not at any time e>:ceed Tlrty (50) decibels outside the enclosing walls or ceilings for the use. Ronald Eughes 7 o; i Noise Mic:asuremeu: Locatior and ?'roc °cure E.- astinL ambientsound level: were measured al one location, usinL nvo differentsound leVe'. meters. [D=ie sound level meter continuousiy measured Overall A- weighted sound levels. throughout ;:a.cn ti Lht using 10 minute avcmyc times- The second metermeasured spectral noise data approxirrnattly once per hour using a ] 0 minute averaee time. The measurement location was on the balcony o�Unit 302 near the north end arthe balcony ( "closest to tine Sancriar,.? NILhtclub). both sound l evel m eters and microphones were mounted on trinods. Tr,e microphone on each sound level meter was positioned appro..imately S above the baIL:o - ny wa1ing sarfact. The continuous noise measurements were made with a Larson -Davis lvlodel E30 (SIN 1305) Type i sound le17 eJ nneter to,Pther with a Larson- Da - ?is TAode] ''560 (S/N ?b39) ', " random incidence microphone. The spectral noise measurements were made with a Larson -Davis Model 1 - 900 (S /1`4 0.:110) Type 1 sound level meter, together with a Briiel L KjWr Type el 6d (S/1N S - 5062)., =" random incidence microphone. The measurements included statistical sound pressure levels. Calibration was checked before and after each set of measurements with, a Larson -Davis I\ C_kL?UO Acoustic Calibrator (S/N 069?). The. n7eters were set for "slow" response, and a windscreeL coy tired the microphones during all nneasurements. The calibration of the sound level meters and calibrator have been checked and certified by the nnarufacturer within the recornrnended period. Noise se Measurement Results Periods of light rain were noticeable on August 16, 2003 during the evening hours and continued on and off throughout the night. Very brief periods of=stina rain were also noticeable on August ?? ''003 dun=e the ni - h hours. The pnnlary noise sources during the mcasurernents were tivater flowing in the nearby creep, and noise from the Sanctuary nightclub and Taps Ear. Since there vvas more rain on August 16 noise from water )owing down exterior roof drains was also noticeable, During the evening hours of 5:00 P.M. to 10:00 P.M. the nnaun noise source was water fl oe noise in the nearby creek. After 10:00 P.M. noise from the Sanctuary nightclub and the Taps bar bez-an to e�ceed the noise from the creek and by 11:00 P.M. the nightclubs were the doininant noise sources_ The Sanctuary nightclub and Taps bar remained the dominant noises source urttil approx=ately 1:30 to x:00 A.1v1. On the third ni al=t of measurements, Saturday A uguST 23 to Sunday August 24, one of the sound level meters (Larson Davis 220) CXperienced battery pow er failure and shut dovrn around 12 :3? on Sunday A umast Althouzh the continuous mtasurements stopped at 1 4.1',1., all of the data up 10 1-13 A.M. v.as securely stored in non - volatile memory. .ail: RonLiu rlu��he_ IIa'ie I o �SLII!S irUi 11it Cofltl:lUOUS art S17owr 1T) 111t' atLaC11 °L' F!'?urts 1 'LhroLni _,. picas° refs "to the arCaChcC' GIUSSLIT . i' T Q°11111I10T1= ol �`'I'_TLIrt: 1 show; L a;aph O, tl]t rQ,LiIva tint Sound L ° \'Pi (L..) or, ;111 tl7rtt n]CLSLII'CMC11t III FI _ shows tht L FI UT,`_ _ S110 % tot,= all Fi ={ shot/ ✓;'. tl]C L ma.T `' \ the wirluow C) the SaI]CLLIa" \' nIghuC;U') LIT th -2 1]1 -- - - L. \r as; appro,=LiLt:l\ 70 dB. -`: dunn the hours of i 1 :00 P..PvI . a Id 1 : 30 o..ivl. wlleri thy. S_ 2n:IULIT ' w Il]d0 \�'S " clos, C dUT111'`' these Samt hoL1r`_' thL 1TICaSLLI "Gd L. ��'as appro?•_Imatc! \' W' - r)_, The T_ iTOm lhc2 spec171-1117) noise .mcasLlrcmcm:: are' Shown. below. The table shows the ove,': .S- wc1�zhtP6 Sum for each mtasurcmcm, but octave -band noise daia is also available. Au, 16,'_'003 20:65 646 5 5 7 =,8 c)U 6 606 - 9 -9 60 6; AU L 17" 2003 1 00:0? � 723 70 69 72 7,1 01:,2 t)46 64 E.4 6'! 66 0"':11 714 56 _ 2003 I - 1 :iS 603 6 I t3 63 I 71 2):3. 1 771 67 67 69 Auc 23, 2003 00:2) 4 6=:6 68 . 67 69 74 0?: 1- 6U3 '-5 55 = 5 60 A u., 23, `'003 20:35 I 665 �6 56 6S 66 `_'3:04 601 60 69 61 64 AuE 2'4.2003 r 01.:13 610 66 66 67 7 01:D I 431 » 60 Du7r1U all thrceni. easuremerltnlghts" strong low buss beats TSoIL lht Sancruarr,- lli',htcIubv,'ere casIIv audible .in unit 30- with all - indo - ws and doors closed tialhl. ✓ F onuid Huacies Sept °nlb °r S. 20U P L, e 1 of _, Calm liana �. >::� gin: o"I'D ol Cade Specific u, restaurant, bars, or s='lar usos, th T otivn ofVail code sTaies a ma:== noise limn o; 50 decibels. W ]th rtsp"c; 10 17Olse TadiaTlng Iron? 'L properly, not Sp- to rtnauranLS or bars, the Town C) 1 ,' all code stat a naa,�imum allowable niatlttime L of 60 dEA for amt, ed used HDIvIF grid comTnercia] prone s addition to the L the Vail noise c ede also sets limits on shoe t erra noises (See 1 ail noise code _-- I- 1 -E'). This noise code states that th.e ma linurn noise love] for any duration E cannot e;cceed 15 decibels above the noise limit. that noise on-- minute in duration out of aLy 1 rr_inute period (L , cannot e,.ceed 10 decibels above the noise limit, and that noise five minutes in duration out of any lU min.ute period (L cannot exceed f d °cibels above the -noise limit. Therefore, forumi:ted Commercial and IDlvIF land usepropertytht M'zhttimema,=' = allow abl° noise limits are as follows: T = I s = 65 dBA ! ,o =70dBA L m. — I5 dE.z The attached Figure 1 shows a gaph of the L for each of the three rti his. Thep elks in the noise cu: forthe _ ^.0 fast 16 m.easur°ments represent times tivhen the windows of the Sanctuan7 niCT 1LClub - -ere open. L) 2 the August ?? measurements the Sanctuary ni<<htclub windows were open for much of the ='aht_ Ho-u even u-itb the windows closed, noise from the nightclub exceeds the 60 dEA. Similarly, Figures ' through 4 all show that the 1=fd Commercial and HIDA/L land use noise lir_Zits tivere exceeded in. every statistical measurement for at least part of the night. Please call me if you have any questions_ Sincere] }, � .y �� Todd Bcilcr, P.E. Enci: Figures 1 -4 Appendix _-- - Clossar ofAcouslic Tc inoloQy cc: Cha -tie GrP2nliouse, Ivlui ay F_aiaLf Greenhouse List L LippitT LLP C) CD LID (z CD 7�; CD cl) a) CD Z) CD 7 cr, c U) zz 5 LO CD L7J C) L7j LD 9 p) laA@-1 pUnoS 76 7n LO CD L7J C) L7j LD 9 p) laA@-1 pUnoS 7n < m n I L" -D CD 1 Cn S ad CD LO m lu C:) (v Elp) ia-Aa—, ajnsss-' punoS LL C L C is n. 1:1 < C < rD CD UD M CD n G 1 CD r- cc O cri cc (D 7 e-lnssa-l punc)2 L l7 b In ro 0) r CZ) I— ti Lo CD L L-) Z:7) CD co C) CD C — L) CD Cn cu CD 7 5; L. G L7 O i S P) a-MSS13-'d pUnc)S ro 0 O X r 01 1 LO _ - ,. ENDIX .h Glossary of Acoustic Termino]o,y API -- _ 4 A CC) L'STlC 7 ILIKLIN (D L C) C Sound Lr°ssure Level Sotmd_ c�noise, is th term riven to variations in air T) TCSS ir -_hat are capah]c- o "bc' LEI- by Tht hurnan ear. Small fluctuations in airnosphe:ic pressure (sound prtssure conslnu c the Physical p.rope.m' measured with a sound pressure rev ] mete; Because the human ear an dtitzi variations in atmospheric pressure over such a lar «e range of maam.irudes_ sound DreSSLITe is t,lpressed on a ]ocaritnmic: scale in units called decibels (dB ). Noise is dciintd as "un-, anted" sound. Technically, sound pressure level (SPL) is deiined as: SPL = 20 log (P!P dB where P is the sound pressure fluctuation (above or below atmospheric pressure; and P r is the reference pressure, - p.Pa, which is appro -I imattly the lowes sound pressure that can be det°cted by the human ear. The sound pressure (eve] that results from a combination of noise sources is not the arithrnctic sum of the individual sound sources, but rather the l.oaarithmic sum. For e,:anaple, raxo sound levels of 50 dB produce a combined sound level of "3 d1, not 100 d1. Two sound levels of 40. and 50 dB -)roduce a combined level of 50.- dB. Human sensitivity to changes in .)und pressure (eve] is higlaly individualized. Sensitivit" to sound depends on frequency content, time of occurrence, duration, and psychological factors such as emotions and expectations. However, in general, a change of 1 or 2 dB in the le of sound is difficult for most people to detect. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an appro- mate doubling or halving of loudness, respectively. A- Weighted Sound Leve] Studies have shown conc]usive]y that at equal sou- nd.pressure levels_ people are generally- more sensitive to certain higher frequency sounds (such as ruade by speech horns, and wlaistles) than most lower frequency sounds (such as made by motors and engines)' at the same level. To address this preferential response to frequency, the A- weighted scale - a�as developed. Tile A- weighted scale adjusts the sound leve] i_n each frequen.cv band in much the same manner that th.e human auditory system does. Thus the A- weighted sound level (read as "d.BA.") becomes a single nutnber that defines the level of a sound and has some correlation -it7i the sensitivity of the human ear to that sound. DI' nt sounds with the same _5- weight sound level are D.W. Robinson and R.S. Jadson_ "_F_ Rt- JDLita=ation of die Equal- i..ouduess P_eiztions for Prue Tones," 37 - Iris17 Jow-72al oj.gppiied Ph vol. 7 pp. 166 - 1I1, 1956. f _6oprtd by --ht ?. - ==ional Standar .s Organization as R_coir- m=dation R- 2'_'6. cyctn a5 belm cqua]]'•' loud. .Tht wtlghit6 - nols - ..' J- - vtl 1S conln]on]" used loQallr' 11) tl)viI'o=: noise anak anG ir, m i-st- re Juiazior T ': a1LL_r, 0 tilt A -we] _'T111EC 5OLi1n0 Oi ` :ar1OLl5 lOISC 5OLIrceS 'nSE 51101ti'I; 1L t 1?L1rt Eouival --m Sound Level The Eauivalent Sound Lev (L is attipE of averag-- level that. intearaied over a rime period, would produce the same cnergv as the: aqua] signal. The actual i7ZSz6171tuneou, noise levels r\.PicalJV fluctuate above and the measured L dui in« the Mea- Lll=. p eriod. Tile A - l -zhied L ie a corrnnoli index: Ior mcasunng tm noise. Stailstical Sound Level The sound levels c= ion � -term. noise producing activities such as traiilc movement, aircr aft operations, etc., can vary considerably with time. In order to Obtain a Si - number rating of such a noise source, a statistically -based method of = pressin- sound or noise levels has htm doveloped. It is knowD as the Excel Level L.. The L, represents the sound 1 eve] that is e,cceeded for n i , of the measurement time period. For --.:ample l = 60 dBA indicate; tha: for the duration oftne measurement period, the sound level e.:ceeded 60 dEA 10 of the time. Tvn'cally, in noise re-glllations and standards, the specified time period is one hour. Co=- oniv used Exceedence. Levels include L L, L and L which are widely used to assess community and environmental. noise. ^� ti • rryy T Ctirnmon Soulld 1'ressurt common SllO1C , —IIVe Jutduor Sounds Lea c! IC1 ; ,1 lnduor 5nunds =,:- aluation 1 �(� Printing Dian fi > � D-aft. in Jacldiammcr at 51)' Gas iativn mcnvcr at '!' 0 ?' Loud POod blunder at �' 6 Tcicphonc ringing, at °' ConcrEnt miter at 5 0' � — 1et lwover at �OUO' V acuurr, cl caner at S' Large dog barking at 50' Inside auto at f mpb Loud � Electric shaver at 1.5' .��uto (_� � mph) at ] OU' Normal conversation at 3' o Lame transformer at 30' 'Urban ambient Office noise 50 lvloderate Small town residence Soft stereo music 40 in resictcnce �vcr��e residence without stereo playing 30 Faint S o ft whisper at 3' Kustlino leaves . _0 10 Vcry Faint 0 Threshold of hearin (or audibiiiry Common Sounds in Decibels DAVID L. ADAMS A550CLUES, INC. Goosulranu in Acousrirs and Periarming Ana iecenolovi_ 1701 BDU'.E Si M • DEiNVEF., CDLDUD0 BOZ 1 mvw.d :om • de:rvenadlaa.rom Caie -lZ 'c rn %nor O. 200: 3 1GLlre I`I^ Drawn ay -r .T RAN S -A C T:I.O.N -REP O.R T 2003 /SEP /18 /.THU 13 : -49 P.01 /01 FAX (TX) * 1 DATE (START T.1 RECEIVER CON. TIMEjPAGE TYPE /NOTE �FILEI O1 ISE P/18I13:4 8 11206213038 0;00:56 1 4 OF SG312010 EXHIBIT C MURRAY FP,ANKE GREENHOUSE LIST & .LIPP7T LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREET DENVER, COLORADO 80202 Telephone: (303) 623 -4500 Far.: (303) 623 -0960 September 1S, 2003 File No. 1290 -1 '\rIA TELE COPY AND RE GULAR MAIL Mr. Bill Gibson Town of Vail Department of Community Development 75 Frontage Road Vail, Colorado 81657 Re: REQUEST FOR ISSUANCE OF CEASE AND DESIST ORDER Owner. Remonov & Company, Inc.; Sanctuary /Tap Room Vista Bahn Building; 333 Hanson Ranch Road Dear Bill: Charles Greenhouse c g reen house ®mjgll.com Direct Dial: (303) 623 -8074 We represent the Bridge Street Lodge Residential Condominium Association. This letter is a in request that the Town of Vail issue .a Cease and Desist Order against the Sanctuary/Tap Room At the same time I have sent to you a separate letter which is specifically directed to the Sanctuary /Tap Room's application to expand its deck As you know from Ron and Terre Hughes' June 19, 2003 letter to you, the Sanctuary /Tap Room has received over 38 complaints and one noise violation over the last several years. The noise from the Sanctuary/Tap Room is excessive and there appears to be no effort bythe Sanctuary /Tap Room to abate this problem. Enclosed is September 8, 2003 report from D.L. Adarns & Associates which documents the violations Of the applicable noise ordinances by the Sanctuary/Tap Room on August 16` 22 r' d and ?32003. Based on information from Ron Hughes and others, the noise levels reported on the D.L. Adams report are t} , pical of the level of noise from this establishment. The Sanctuary/Tap Room is clearlyviolating the applicable noise ordinances Of Vail on a regular basis. The purpose of this letter is to request that the To - vm of Vail imme diately issue a Cease and Desist order against the Sanctuary /Tap Room demanding that'the Sanctuary /Tap Room stop any funkier violations Of the subject noise ordinances. It is time that the Sanctuary /Tap Room complies by the noise laws. If they cannot do so, then the Town of Vail should issue a cease and desist order requiring the business to stop operation. Nu Bill Gibson September 1S, 2003 Pace 2 I do not know- if I should direct this letter to someone else at the Town of Vail. I would bp- happy to do so if you would tell me to whom it should be sent. � Please feel free to call if you have any questions. Very truly yours, axles Greenhouse Murray Franke Greenhouse List a. Lippitt LLP Enclosure Cc: Ron Hughes ( - w /enc.) Arthur Cox, Jr. (w/ enc.) J.L. ADAA S P,. SOCJAT S. INC. Consulranrs m r cousncs and PerrorminS l+rts lccnnaiogies Sentemher _ iYk.'Ronald HLLLhes 30100 Telegraph Road, Suite -''?0 Bingham Farms. NO =10'0''; f e C of - Lt 1> > 4 L� n P �rP F, I' ). ' ) F'_. Br1d__ _ lre�. Jod__ .. is se (DL _ r cifc nc Dear NIr. Hualles: We measured the ambient noise levels•at the Fridge Street Lod-p- in Vail, Colorado, on the balcony of Unit 3U? during the TlJ rhts of August I b , 22nd, and 2 3r d The following report summarizes our En i7 °_s and presents our noise m. results. Acoustic Te} .nminolo��r Please refor to Q ppendi,' A for a glossary of acoustic terminology. Govex n3Lj Noise Cod- The State of Colorado incorporates maZimurn allowable noise levels as part of Title _ Heahh/Environmental Control in the Colorado Rey Statutes (CRS). Article 12 addresses noise abatement and states specific noise level limits in A- weighted de cibel s f dBA) for several different land use zones. This document is used to enforce noise limits in the State of Colorado. However, this document states that local city and county noise codes may adopt standards that are no less restrictive the state noise code. For reference, we have included thepertinent noise code information for the State of Colorado and for the Town of - \%ail. Colorado Revised Statutes, Title 25 HLath/Environmental Coutrol,.4rticle 12 -Noise Abatement CRS 25 -12 -103. Maximum Permissible Noise Levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shillness. Sound levels cf noise radiating from a property line ai a distance of twenty -five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 a-m. to next 7:00 p.m 7:00 p.m. to next 7:DO .a.m. Residential 5 dEA 50 dEA Commercial 60 dBA 55 dBA Light Indusirial 70 dBA 65 dEA Industrial 80 dBA 75 dBA 1 701 BOL1LDE% STREET i DENS ER. COLOr SDC 80211 3031'453 -1900 • FF_X' 303/453 - -D127 IA�M/`N.�iac.Ci'r� Gzrly °r �C��aa_:.�m jv1. Ronald EuLhzs PaR° 2 o,,5 grail. Colorado Town Code Title _ Public r3calth aiie Safcrn C'himtf r ? Public Nuisances, Sectioji _ Noise Prohibited 5 -1 Noise Prohibited: A. Prohibited .Act The makino and creating of an excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth, shall be unlawful, ex cep; when mane under and in compliance with a permit issued pursuant to subsection F of this erection. B. Definition: An "e;:cessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which e. the allowable noise limit for the ;one in which the noise source is iocated by fifteen (15) decibels. A noise, one minute or more in duration out of any ten (10) minute period, which e::ceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total or five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. C. Sound Measurement Standard: For the purpose of determining and classifying any noise as e ,cessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level me er of .standard desiar, and quality operated on the A- weighting scaie. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. ?. lithe noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; Maximum Number of Zoning Designation Of Property Decibels Permitted From On Which Source Of Noise Is Located 7.00 A.M. to 11:00 P.M. All residential zones excepting HDMF 55 decibe!s Commercial plus HDMF 65 decibels Industrial service zones 8D decibels Ma; imum Number of Decibels Permitted From 11:00 P.M. to 7:D0 A.M. 50 decibels 60 decibels 75 decibels Vail. Colorado Town Code Title 12 Zoning Regulations. Chapter 14 Supplemental Regulations, Section 14 Restaurants, Bars, or Similar Uses 12- 14 -14: Restaurants, Pars, or Similar Uses: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: ^ Noise generated by the use may no, at any A. time exceed fifty (50) decibels outside the enclosing walls or ceilings for the use. ivr_-- Ronan' Hu2i1ef: S epuen� oer L 2 L)0_7 1 3 of _ \) Noisy 1-j ocatior, and . E:xisim' L7 ambient sound levels were measured a one location_ using, nvo different so urld level meters, Dne sound level meter continuously measured overal] _S- wci_chle;] sound levels tiuoughcut each n1LThi us1nL' l.0 minuue ave tim es. The second meterrrleasurtd spectral nols:.' data appro ?,inlatel,., on per hour us1nE a 10 rinute averaL'e 11111C. Tire measurement location ivas on the baicori- of Unit 302 near tile• norttl end of the balcony (clusest to the San:.raary ' i,htclub). Both sound ]eve] meters and microphones - %xcre mounted on t7mods. Thf nM—ophone on each sound level meter was positioned appro. above the balcony wall c surface. Tile continuous noise measurements were made with a Larson -Davis lvlodel 830 (S'N 130 ,; Type ] sound ]eve] meter, together M7ith a Larson -Davis Model 2560 (SIN 2639; 1 random incidence microphone. The spectral noise measurements were made with a Larson -Davis 3�Zod °1 2900 (S,/1`d Q.51 S j Type 1 sound levt] meter, together with a Briiel c-v-- r jwr Type 4165 (S, 8750:52' 1 11 random incidence microphone. The measur mEnts included statistical sound pressure levels. Calibration was cheeped before and after each sei. of measurements Vrith a Larson -Davis Model CA-L200 -acoustic Calibrator (S/N 0697). The. meters were set for "slow" respoiise, and a windscreen :,overed the microphones during all measurements. The calibration of the sound level meters and calibrator have been checlticd and certified by the manufacturer -within the recommended period. Noise Measuremeut Results Periods ofliaht rain were noticeable on August ] 6, 003 during the evening hours and continued on and on throuUnout the 11101t. Very brief periods of misting, rain u7ere also noticeable on August ??, 2003 dul=l the nighttlinc hours. The primary noise sources during the rneasuicments were water flowing in the nearby creek, and noise from the Sanctuary nightclub and Taps Bar. Since there was more raid on August 16, noise from water Bowing down exterior roof drains was also noticeable. D=' u the evening hours of S:00 P.M. to 10:00 P.M. the main noise source was water Dow noise in the nearby creek. Afuer 1 0:00 P.1v1. noise from the Sanctuary ni Qntcl ub and the Taps bar began to cxceed the noise from the creek and by 11:00 P.1\11. tie nightclubs were the dominant noise sources. The Sanctuary nightclub and Taps bar remained the dominant noises source until appro3 1:30 to 2:00 A.M. On the thil nighl of masurements. Saturday k ugust 23 to Sunday August 24, one of the sound ]eve meters (Larson Davis 820 j e; periencedbatle poy erfailure and s lhutdov naTout d oL Sun day _ 11aLmst 24. r thou Eh the conlinLlollS Mtasur tinents .=topp at 1 2: 34 .?11. all of the data unto 12:2.4 A.M. v as securely stored in non - volatile =nor v. !,'II kollaid FILi<<i t. StCLenlner 2. I °SL1lL L`orli t17C :;ominullus P1Caslll :11'E shoN ,-, In the aiLa il ° r1 J 111TC1uR71 4 TCI�Ticy Ll7C atLachtdl i- 11oS5aT`, I03 c1Cil]'11Llon': o; I sllow\ a ` TLLnll o; 1110 r qLil \'al °111 SOL:nd L.e`rel (L cr 1 or, alb tlu r]1CaSL11 °]77C;7? Tll Fl_L a ShoU' - the L_,, FI'_'LITC s t�1'C i an0 FiLur, 4 Ehov," t1 1L' `\ hCr, Lilt %vincicm's o V thF' SLMC1LLaT ni L1 iLC::Llh ;ITC: Opts ti.0 ,-, Tn lsurt; - rna�r - 1Dpr0.':111'I1LC } \' 71) is - ". llrin'! t11E ll(1I11'S o1 1 1 :00 P .M. arid 1 :_0 '�_.lvl. `Y�11C 1 Lh 5 1 r dL- d _ nC'LUL. 11117dmv ;;'Cr° Closcu" C Llr117`_' ditsc same hour 111E .1TIC SLLTcd L, wa.; Lrppro ?:1maLC! 6_: d L- , , ^ 'flit results iTom the spectrum noise 11l -friar21MCM aT-: shown below. The table shows the ove:LLl] _� -u I i�1tlLeci sum for each mcLiSUremfnt, bui ociavc -band noise data is also available. Aug 16, 2003 20:55 646 5S 57 50 6U ?? :36 I 606 759 59 60 I 63 A_u= 17, ?003 1 00:0? 7?3 70 69 7? 74 1, 01: =? 02 646 64 64 F 64 71 =' I 6 - 6 I a= UE , ''003 j -1 :j S I 603 63 63 65 7] , 3:31 71 67 67 69 Au 23, ?003 00:2 6-1 6S 67 69 I 74 0 - :15 603 + ;5 55 I 60 Aug ?3, - OU3 20:55 , 665 I �6 66 66 1,:04 601 60 59 61 4 Aug 2= 2003 01 :13 610 66 65 I 67 01:_,3 I 431 I 5� I 55 56 60 DU17P°_ all tlu otD itas Iii c-nT nl'ahts, sircing low b ass bcais LTon7 Elie Sai)ctu17'y 111 VdCi - E Cas11)' audible in Unii 302) with all v, -s and doors closed tight. v1_. Ronald Pluz-hes Senternber U 20 U3 U =-of Com -DI anLL -its Lh T wwn of ail Code Specific to - °stsurant. bars, or s' Ear uses_ the Ta�tir, of ail ode sLaies a ma: ;imurn noise limit. of 30 decibels. - With resncct io noise radiating iJ a propcnv_ not specific to restaurants or bars_. the Town of��; ail code states a- maximum allowable ni?httimeL,,, of h0 dE a for anvil cd used HltltilF and commercial prope-rv. s; addition to the L tt7e , "ail noise code also sets limits on short teen noises, (tee° ail noise code :- 7 -1 -B). This, noise code staies that the maximttrn noise ]eve] for ariv duration (T j cannot e,.ceed 1- decibels .above the noise limit, that noise one minute in duration out of anv ] U minute p°riod (L,,,) cannot e;;ceed 10 decibels above the noise limit, and that noise >--jve minutes in duration oui of any 10 minute period (L cannot exceed 5 decibels above the noise limit. Therefore. forsmi:ced Co=erma] andEDIvlF ]and usepropert } ni,crhrtimema;;im "an allowLble noise limits are as follows: L ::q = 60 dB--k L5 0 = 65 dBA L, =70 dEA L max = 76 dB_z The attached Fi--ttre ] shows a graph of the L_ for each of the three nights. The peals in the noise cu_ ✓e for the Au nusi 16 measurements represent tim es when the windows ofthe Sanctuary- nightclub sere open. During the Au-ust "? measurements the Sanctuary ni— , htclub windows were open for much of the ni «ht_ However, even rA the windows closed, noise fi the nightclub Exceeds the 60 dBA. Sinnlarh Fizures ? th=21-i 4 all show that the -nixed Commercial and b'DI IF land use noise lirmits were e,:eeeded in -very statistical measurement for at leastpart of the � ✓T t. Please call me if you have any questions. Sincerely, ` Todd Beiler, P.E. Encl` F12,—Ii—es 1 - Appendix .A - Glossary of Acoustic Te='TloloRy cc: Charlie Greenhouse, Franl_t Greenhouse List & Lippitt LLP W, I m - :5 CD : CD CD cu CL) Gi In C Or of I- f C CJy 0 0. N ( jaA a-, ajr,-SSa-l� pLinc)S CD C — L) (2) CL) CD LO CL) - 7 Cl) m (a) 0 I CJ cn ID Ln O LD CZ I—SP) 1GAZ punoS L Cl) I C tn o CD - Orm- CD of Z7, Ln L. Ln I CJ cn ID Ln O LD CZ I—SP) 1GAZ punoS L Cl) I C tn o CD - Orm- CD of CU CD (D CD I M CO) 0 Cu O UD cc Cu 1 71ESaC� P:U"OS o co I 0111. 'Cti� vo C fn O t LO 1 � CO (D CD Cll co M 7; co L) 12 - �:5 d u— I 01 Ln Lr LD CD O pUn.oS J Y � � fir. 11 1 c 7 co I r C-- Lr LD CD O pUn.oS A�PENDLX - Glossan of Acoustic Tcnliinolo�' 2'.PE-,NTDI A Sound Pressure Level Soul]L1. o- nolst is the term ?]vCI] tU vanat]ons In au prressure fiat Lir-a car)abh: oi Let-- by the hunLan ear, Small flucivaiion-s . in am]osphtmc pressur, wound pressure) consinuit the Physical propcm measured with a sound pressure ]eve] meter. Eecausc the human ear can dete-•1 variations, in atmospheric pressure over such a large ran -oc oflt]aRnirudes. sound pressure is v e;,pressed on a lo,217 scale in unlis caI]ed decibels (. dE ). Noise is cieiin°cl as - unt ;•anted' sound. Technical] }, sound pressure level (SPL) is defined as: SPL = 20 lob (P/Prer) dB -, vhert Pis the sound pressure flucivation (above or bel.oul atmospheric pressure, and P Tr' is the reference pressure, 20 l!Pa, which is appro,_imate]y the lowest sound pressure that can be detected by the human ear. Thle'sound pressure ]eve] that results from a combination of noise sources is not the a7.L'thn]et1'c sum .of the individual sound sources, but rather the lonarithn:i1c sum. For ca_ample, Mc sound le cls of 50 dB produce a combined sound level of f'3 dB, P..ot 100 d?-. Two sound levels of 40 and 50 dB produce a combined level of 50.—^, dR. Human sensitivity to changes in _:_)und pressure level is highly individuali Sensitivity td sound depends on frequency content, time ofoccurrence, duration, and psychological factors such as emotions and expectations. However, in general, a change of 1 or 2 dB in the level of sound is difficult forinost people to detect. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an appro - ximate doubling or halving of loudness respectively. A -Wei Qhted Sound Levc] Studies have shown conclusive]y that at equal sound pressure levels, people are generally more sensitive to certain higher frequency sounds (such as made by speech, homy, and whistles) than most lower frequency sounds (such as made by motors and engines)' at the sane level. To address this preferential response to frequency, the A- weighted scale was developed. The A- weighted scale adjusts the sound level in each frequency band in much the sane manner that the human auditory sysiern does. Thusthe.A- weighted sound level (read as "dBA ") becomes a single number that dcfnes the ]eve] of a sound and has some correlation with the sensiti'v] ty of the h=ar ear to that sound. Different sounds with the same A- 7=eiahted sound level are ' L.W. P obinson and F S. Dadson_ `'A Re- Deierminatiou of zue Equal - ouduess F_eLnons for Pure Tones_ "B,zz 1 Jr�urnal �j.) _pDlie� Plztiuic�_ vol. 7, pp. loo 1M, 1930_ (.2aoptedby The 'nte =aziona] Standards Graanization as P =ornrnendarion R -226. t)erce7veC1 a- being' taaall' loud. 111e !- w0i?i1TOG Ibis`- level . S cc)iimi0rliv use d.toda \ 111 flIVIrOM'I'Acntal nolst analvsis and ID 11o1se reaulatloi 7:ralcal values of th _ LVel .111 C sO Lill C1 lcvt., o ;'ariouc i101s` sources art s1 mvr, li; F I aurt A-l. Eau? yulcm Scmiid L t1Te1 The Equlva] --m Sound Level (L, is a Tvpe o7 avcr'agt winch 1'eprescros the s - Ltadv level Thai. inter, al.ed over a rime period. would produce thf sairle tncrm, as. the actual signal. The actui i71.7IC17etu72e0us noise levels nTicalIV fluctuate above and beiaw the: measured L durm the m asu7'erriml TJer10d. The 4- v 1ghted L 1: a common Inr1e :_ for mcasu I11L en "1roI=Ifnl?l noise. Statistical Sound Level Tt1c sound levels e long -tern noise producing activities such as traflic m.ovenient, aircraft operations, etc__ can , , ✓ar✓ considerably with time. In order to obtain a single number rating of suc17 a noise source, a statistically -based method of e, :pissing sound or noise levels has been developed. It is hnoN>m as the Exceedence- Level, L, The L„ represents the sound level that is exceeded for n °/, of the measurement time period. For e,:ample, L,� = 6G dF_� indicates that fir the duration of the measurement period, the sound level e,;ceedtd 60 dE.lk 1 U`%, of the time. Typically, in noise regulations and standards, the specified time period is one hour. Conlrrlon]y nscd Exceedt=c Levels include L L L 501 and L -which art- widely used to assess co=uniry and environmental noise. �Llk.S rii i�t4 n, � S ul 'C�ilt "� Common Snunc3 ?'res;ur Common Suhje••tivt Uutdilur Sound:, Letic! (ciLr�} Indl�or Sounds Z: i]uaiinn {) Printinc pianl scare un Ja,'Lhammcr at 30' Gav in movvcr a? Loud Food blender a: Concrete mi:cer ai 50' Telephone ringin at °' in flvover at 5000' � -Vacuum cleaner at : ^ Lame dr, barb in3 at 3U' Inside auto at 3 mph Loud 7.9 Electric shaver at 1 =auto ('= moh) at 100' Iaorma] conversation at. 3' --- Larac transformer at 3U' Urban ambient Ofnce noise I do Berate Small town residence Soft stereo music 40 in residence -- AveraRe residence - without stereo pla) ink Faint Soh whisper at 3' Rustling leaves 30 1. 0 V enr Faint 0 Threshold of hearing (or audibiiiw) Common Sounds in Decibels DAVID L. ADAMS A- SSOCLUES, INC. Caosultanu inAmustia and PeriormingAru iecnnologi_ i70i BOU- -B57ME7- DENVER. GDLORADDBOZII mm.diaa.com • d'nv =ria dtaz.com Daze -'r awm 3V Figure tic. ��� :� ��_ la ( OYY ! Y O� Y Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970- 479 -2138 FAX 970 - 479 -245? .� Www. C1, val 1. ao. us W'' October 20, 2003 Tan Room/Sanctuary Steve Kaufman 333 Bridge Street Vail CO 81657 CERTIFIED MIIL RECEIPT REQUESTED Re: Noise complaints from adjoining properties Dear Mr. Kaufman: One of the many functions of Code Enforcement is to provide for the enforcement of the Town of Vail Municipal Codes. It has come to our attention that the above- described property may be in violation of the Town of Vail Municipal Codes as follows: Reported Violation(s): Noise generated.at this location is often above the allowed limit. The view from this location is directly into adjoining dwelling units. Section 12 -14 -13 (RESTA U.R4NTS, .BARS OR SIMILAR USES) of the Town Code states, in part, that: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A, Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. ;L. P— 'Mr.Z= & N0, 293 P. 3/3 :B, .Dwelling units in he -same .structure or in .structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such .a way that view from the use is not directly into adjoining dwelling unit or..units. Windows maybe treated with appropriate covering. (Ord. 19(1976) § 15; Ord. 8(1973) 5 17,401) k Please contact me withirV caleztdar days from receipt of this letter to schedule a meeting to discuss these issues. Failure to da so will result in a summons being issued. Your prompt attention regarding this matter will be greatly appreciated and will help assure that Vail continues to be the desirable and pleasant resort community for which we all strive. Please feel free to call me with any questions, commenrs or concerns you may Have. My office phone number is 970- 477 -3417. V,tuly Yours, . 0A 4. David Rhoades, Code Enforcement Officer . Community Development Department EXHIBIT E MURRAY =FRANKE GREENHOUSE LIST & .LIPPITT LLP A T T O R N E Y S AND CO U NS E LO RS GRANITE BUILDING, SECOND FLOOR 1226 FIFTEENTH STREET DENVER,, COLORADO 80202 Telephone (303)623 -4500 Fax (303)623 -0960 March 8, 2004 ILIA FACSIMILE: 970 -476 -4024 John Scofield Planning and Environmental Commission Town of Vail 75 S. Frontage Road Vail, Colorado 81657 RE: Bridge Street Lodge Residential Owner's Association Tap Room and Sanctuary LETTER OF CONCERN Dear Mr. Scofield: Thomas M. List Licensed in Colorado and Florida tlistf�u� 303 -623-0025 Please be advised that we have been retained by the Bridge Street Lodge Residential Owners Association with regard to ongoing noise issues at the Tap Room/Sanctuary. Prior correspondence to Mr. Bill Gibson of the Town of Vail outlines the issues with regard to the Tap .Room and Sanctuary and sets forth that over (48) complaints and one (1) noise violation (as of August, 2003) existed in just the last year. Noise from the Sanctuary /Tap Room is still excessive and there appears to be no effort by the Sanctuary /Tap Room to abate this ongoing problem. We provided Mr. Gibson a September 8, 2003, report from D. L. Adams and Associates documenting the violations of the applicable noise ordinance by the Sanctuary/Tap Room on August 16, ?2 and 23, 2003. Based on information from our client and others, the noise levels reported on the D. L. Adams report are typical .of the level of noise from this establishment. The Sanctuary /Tap Room is clearly violating the applicable noise ordinances of Vail on a regular basis. It is our understanding that the PEC has also in the past been given copies of the many complaints from guests of the Christiana. The purpose of this letter is to request that the PEC revolve the conditional use permit which permits the Tap Room/Sanctuary to operate as a restaurant and bar. Specifically, the Tap Room/Sanctuary is violating Section 12 -14 -14 of the Vail Town Code. We are available to provide any additional documentation that the Commission requests. John Scofield Planning and Environmental Commission Town of Vail March 8, 2004 Page ? If you have any questions, please contact us. V ery tru13 yours, t Thomas M. List of Murray Franke Greenhouse List $ Lippitt LLP TML /rsm Enclosure TRANSMISSION VERIFICATION REPDP.T TIME 03!07!2004 23 :71 NAME MFGLL FAX 303 -623 -0960 TEL 303 - 623 -4500 SER.# BR0L3J941266 DATE,TIME FAX NO. /NAME DURATION PAGE (S) RESULT MODE 03/07 23:20 197047640249999 00:00:42 03 OK STANDARD ECM EXHIBIT F oeP i 0004 14:35 N.UZ AFFIDAVIT OF THE ARTHUR C. COX QPR TRUST STATE OF COUNTY OF ss. eex -5/Z- . Affiant herein, being first duly sworn, depose and state as follows: 1. I, ,9fZ�rN�a"' tz "am the y YzI-is a f for the Arthur C. Co QFR Trust, one of the record owners. of Condominium Unit 309, 287 Hanson Ranch Road, Vail. Colorado and have personal knowledge of the facts stated heroin. I submit this Affidavit in support of the Dbie=on by the Bridge Street Lodge Residential Ov=rs Association ( "Association ") to the Conditional Use Permit for the addition to the deckl on the Vista Bahn Building, located at 333 Hanson Ranch Road, This Afdavit will also serve as the personal objection of the Trust as a property owner. I 2, On July 29, 2004 Remonov &'Company, Inc. (the "Applimnt'j represented by Kni& Pla nning Services, Inc., submit an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building) L& C Block 2, Vail Village Filing 1 ( "Conditional Use Pmn - dt'). Dn September 13, 2004 at 2:00 pm,, the Town of Vail Pl anning and Envimnmeutal Comrnission will consider a rcgwst for final review of the Conditional Use Permit, pursuant to Section 12 -7B-4. Pcrrnitted and Conditional Uses; Second Floor, Vail Town Cods, 1� 3, The Trust is the record owner of r„ al property' adjacent to the property which is the subject of the Conditional Use Permit and the Trust is a member of the Association. The Trust's property is used excI46vely for resid=ntial uses, The Trust strongly objects to the application for Conditicmal Use Permit and requests that the Town of Vail Planning and Emironmental Commission denpthc application. I 4. The Trust's objection is largely based on, but not limited to, o ngmicrg noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hansm Ranch Road. Over the past few y--ars these have beer numerous complaints related to excessive noise from the Tap Room/Sanztuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to co tinue, and; likely increase, the excessive noise and noise ordinance violations at the Tap Roorn/Sanctuary, The excessive noise impairs my ability to use my property both for personal use and for rental to guests of Vii,. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there, any proposed conditions to the use. 5. The proposed deck would have the effect of taming the residential mountain setting into a c0nunCrcial setting. The addition of the deck would severely detract from the sense of serenity that the Bridge Strcut Lodge offers, SIGNATURE AND NOTARIZATION FOLLOW OIN SEPARATE PAGE Affidavit of Arthuz C. Cox QPR Trust page 1 of 2 r 4UU4 14;.70 r. ub /u/F G vx -z ft— , amt hm=in, being first duly swam, stye that I have read the for going Affid I avit and find it true and correct to tim best of my dmrowledge and belief, Damd the f7 day of .EMMA JANE COX QFR TRUST Name: Title: _t- F. E— Subscribed anal swam. to before me tbia y of ? �� , 2004 by e{ , )_Q� ( _ o a My Commission Fires; Notary public Affidavit of Jane Cox QPR Trust page 2 of 2 -1 14 . 0 1 I. u4 +MAVIT OF THB EMMA JANE COX QPR TRUST STATE OF COLITNM OF ss. L' ZP- Aff ant herein, being first duly sworn, depose and state as follows: I L 2ka!Y �ttm the is�FE Jam for the Emma J Coy. QPR Trust (the ` I, �,C' Truk'), one of the record owners of Condominium Unit 309, 287 Hanson Ranch Road Vail, Colorado and haveipersonal knowledge of the facts stared herein. I summit this Affidavit in support of the Objection by tlz Bridge Street Lodge Residential Owners Association ( "Association') to the Conditional Use P ermit for the an to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. This Affidavit mill also se as the personal objection of the Trust as a property owner. 1 2. On July 29 2004 Rcmonov & Company, Inc, (the "Applicant'l represented by Kni& Placiing Services, Inc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, locat�'d at 333 Hanson Ranch Road (Vista Bahn Building)/I o C, Black 2, Vail Villa Filing 1 ( "Conditional Use Perrnit'�, On September 13, 2004 at 2:00 p.m., the Town of Vail P l�� and Envi� Cm=nission will consider a request for final review of the Conditional Use Permit, pursuant to Section 12 -7B-4 Permitted and Conditional Uses; Second Floor, Vail Town Code. 3. The Trust is the record owner of real property adjacm t to the property which is the subject of the C�n& onal Use Permit and the Trust is a member of the Association. The Trust's property is used exch. ively fur rmidenbal uses. The Trust strongly objects to the application for Conditional Use Permit and =qu�sts that the Town of Vail Planning and Environmental Commission deny the application" 4, The Trust's objection is largely based on_ but not Rmiwd to, ongoing noise issues at the Tap Roorp/ Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road.. Over the past ftw years there have been numerous complaints related to excessive noise from the Tap Room/Sanctuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue, and likely increase, the excessive noise and noise ordinance violations at the Tap RoaaVSanctuary. The excessive noise impairs my ability to use my property both for personal use and for rental to guests of Vail. l The Applicant has failed to provide any proof that such excessive noise will not exist after constiruction and use of the proposed deck nor are there any proposed conditions to the use. I 5. The proposed deck would have the effect of turning the resi.durrtial mountain swtiing unto a commercial setting. The addition of the deck would severely detract from the sense of serenity that the BridgI Street Lodge offers. SIGPiAT'URE AND NOTARIZATION FOLLOW ON SEPARATE PAGE i Affidavit of Emma Jane Cox QPR Trust pad 1 & 2 ucld t GUU4 1 4: Jb r. Uo I, A r, 7 !� v r+ ' • �r c: R ; aunt h.-=, bed first duly sworn state t iat I have read the foregoing Affidavit and find. it uuea corrcr-t.to the best of my Imowre* and belief. , Dated the day of , 2004, ARTHUR C 0 - ST Title: Subscribe and sworn to btsfore me ttus� c ay of I 2004 by i My Comn issicm Expires: Notary Public Affidavit of Arthur C, Cox QPR 'TMEt page 2 of 2 rJ4•� MH5 ILN5UN PROP. 402 965 05?9 -L LLP 2 0 5EP US '04 la:; =.Z?pM AFFIDAVIT OF TTTE R013ERT E. M.A•STERSON REAL ESTATE RE?VOCA.BIL TRUST STA-ZE OF 59. COUNT' OF c7 u. /c, s ) I, f n�, f.- - _44,14 herein, being first duly sworn, depose and state as folJowr;: 1. J /; fiE r ok �fiPfithe i r�.sf e er for the kob✓rt E. Masterson Rea, Estate Revocabie Trust (the "Trust" ), the record owner of Ccadomir -aura Unit 303, 287 Hanson Ranch Rea,:, Vai.i, Colorado and have personal knowledge of the facts state] herein. I submit this Af,(idavit in support oi; the objection by the Bridge Street Ladge Residential Owners Association ( "Association ") to the Conditional Use Permit fvrthe addition to the dcck on the Vista Bahn Building, located at 333 Hanson Ranch Read_ This Affidavit will also serve as the persona] objection of the Trust as a property owner. 2. On July 29, 2004 Rrmonov & Company, lnc, (thc "Applicant "), represented by Kniptt Planning Services, Tnc., submimd,an application for a Conditional Use Permit to allow for an outdoor patio, located at 3� Hanson Ranch Road (Vista Bah Building)/L.ot C, Block 2, Vail Village Filing 1 ( "Conditional Use Permit "). On September 13, 2004 ai 2:00 p.m., the Town of Vail Planning and Environmental Commission will ronsider a request for Enal review of the Conditional Use Perruit, pursuant to Section 12 -7B-4. Permitted and Conditional Uses; Szcond Floor, Vail Town Code. 3. The Trust is the record owner of real property adjaccntto the property which is the subject of the Conditional Use Permit and the Trust is a rnerrrber of the Association. i he Trust's property is used exclusiv=Iy for residential uses. The Trust strongly objects to the application for Conditional Use Pt:r mi and requests than tht oven of viii Planning and fittvi nnmc�t,ra1 Couirnissiou deny the application. A. The'T'rust's objection i9 largely basad Oil, but not limitcd to, ongoing noise issues at the Tnp RoarrtlSanetuary, the bar and restaurant located at 333 Hhruion Ranali Road. Over the past few years throe have been numerous complaints relai:ed to ex: essive noise from the Tap RoomlSanctuary and' documented violations of the applicable noise ordinances of Vail. Tlie requested outdoor patio will serve to continue, and likely increase, the excessive noise and noise ordMance violations at the Tap Room/Sanctuary. The excessive noise impairs the Trust's ability to use its property 6orh, for personal use and for rental ro guests of Vail. The Applicant has faiied to provide any proof that such excessive noise will not exist. al;tcr construction and use of the proposed deck nor ar c there any pr oposed condit to the use. S. The proposed deck would have the effect of fuming the residential mountain setting into a commercial scti:in The addition of the deck would 9evercly detract from the sense of seFenity goat the Bridge Street Lodge offers. SIGNATURE AND NOTARIZATION FOLLOTV GN SEPARATE PAGE ATidavit of P.obert E. Masmrson Real Estate Revocable Trust Pap 1 of 22 L-r"wi 1 rrwr 4U -- ytJ GDG7' r f ..3 /3 � - L 5.P �B Ba eiz, • 22PM � %�,+ � P� /" C - �t C 17i.rrn ^- ,.�tant hcrcj�, peiugf�'st duly sworn:srarethatI h9vcread the faregozr►g Affidavit and find it true and cpnrect rho best of my kncwledge.and belief. Dated the ��dayof SQL,- .1,..� 2004. R033ERT E. Ti3ASTERSON REAL ESTATE REVOCAELE. 4f 7, �' >� �. tit Name: 1 n r Title: 7 Subscribed and swum to before me this day of.L, 2004 by c+r`r�G 17�dca -� [Seal] ley Commission Expires: MaL (MARY- Siffie a t $- EL HAr IGAN otary Public Afrr davit cf Robert E. Masterson R--al Estate Revocable Trust Pagc 2 of 2, uZJ U4 11:44a Yelena Hessler 909 - 808 - 41 86 09/09/2005 07:26 2626394431 ROBERT BISSEGGER PAGE 04 U9 {J1' :l._ E '� rVV1 I_L. ._ i AFFIDAVIT DY- PETER A. Ta1SSrLVGER SS. CCUUKTY DF 1, Pctm A. Dimt:MgLrt, affiatn herein, bring first doh- vMm 3cpast %nd Mr - as fullowa: . I . 1, Ptte- A. BiLSer?t %tan the tec.ord L)wncr of Condominium Uni, 304, 727 Hanson Ra_-tc.h Road, Vaal, C -0ionalin and hiv_ prrwrtal knowledge of Oic facts s:atcd herein 1 submit this Affidavit to suppgrt of tht objection by the Bridge Smxt Lodpc Residential O vrc-.t Association ( "Association ") to the CmJirjonal Use Ptrm![ for tht sdditton in the dock nn :he V istr. Balm 8ttildinr., located at 333 Hanson Ranch Road. This Afftda,.it will also ser>,c as :ny panonal nisjecrion is a prcpert}' owner. 2. On July 29, 1004 Rcmonov L Company. Inc, (the "APplleant "), teprmMted 6 Knit3ht Plrtninp Serviw. Inc.. subrttincd w application for a Cov6monal Ut a Permit to Mlpw for an otndotrr patio, located al 333 Henson Ranch Road ('vista Hahn Building) C. $lock 2; Veil Vil*c Ming I. (`•Conditiomd Use Pe.'rrric'), On Sq rnher 13.2004 at 2:00 F.m.,thclonn- tyfVailFivnisgand Errv:rontricntal Commission will cotsider a request for finni review' of the Conditional Use Pemtit, purautn to Scctiun 12 -7B-4, Fermirttrrd and Condi4cmal lJws. 5ewrtd Fkv, "Vail Sown Code. Z. I twit the rtcord owme: of real propcM adjacent tr the property whkh is the subject of tilt C13313it1D1731 Use Permir and! ar a member of tiM Association. My properry iR used exclusively fcT . residential nets 1. sunitgly objext to the appiication for CCmditeor:al ZJsc Pcrrnit and mrlum that t:w Town of 'Vail Plnrminp and Environmental Comnission deity the application. 4. My ubjectiov is largely ti&%mi (xt, bu: not limited %, ongoing uiCm rsttos at llre Tap lt:toar; Sanctuary, the bar wW restaurant htcniod m 333 Ha.nson RanCil }toad. Over The POST few years Brett' hu-c been nurrcrov< compininte rtlweed to excessive noise from the Tap Raoml9enctuarj and doeurrtenit!d violntio-lc of the appiioable noise ordinmt of Vail. The requested outdoor patio will serve tr, continue, and hket3 inrrcisr., tae excessive no4ee and noisr rerdinnnet violattmts at the Tap RoomrSanewary. Tht CXCee :iva nnist impairs my ahility ti use In )' propen3- kth for pmtsonal use tnd for mntal to gu :sts of V361. Tttc , foiled to pravide rmy pr t4►at such ey tc»ivn nni%c mill nut exist atler constneei.an and (1— c-f die proposed deck nor ate there any propoaod rend;iioln try thr use. S. The prLIK,se.d tic :r•k would have :he t-fract of thlminP the rCSidentia! mnuntron setting ima a commercial setting. The rddiilon of the diock would savcreky dorrac : from ih: sense of serenity that the Dridgc Stmet Ladge offers. SIGNATURE AND NOTARIZATION FOLLOW ON SEPAkATE PAC E P•1 \Sldrror, at Tian A. Ps:,t=v page : 012 09/B9/2H05 07: 26 � vivnay aes'S1'er 2626394431 'JD9 -9 ❑8 -•4186 ROBERT EISSEGGER hl�:.�LL LLB PAGE E5 1. ��F< /'1 • �15.5�e he^cin, betnF C�rsrduty swam. stnie thzlt 1 have tr..ad the fvreguing Affidavit and find :r true and cartecr ro thr brat of m y knvwWgcmd bchcf.. Darc6 the f dtp of 5G % `/ E� 20(W. PZTES !.. 9LSSEGGER T- Wncribed and s„vm to befumTm %hi " f mil) My Cu mp,saion Expires' Notary P0 lie 0 CHARLOTTE L KING Comm. 11317692 NOTARY FUBUC- CALIFORNIA Sin 8umrdino Cwmr �' Ewim Auqun 16,7005 AfFidevii of Pctcc A. Di2mccpr p05e 2 or ^_ H. di1)5)=GGEP, M.D 4 1 +41 +8281902 SEITE: t 744,7.E Muz=r' l .tlti�tl2gtl "Wt7� t, ^'2a-'44 d,(`j� AITIDAVI7 OT' TIII: ARNOLD 518:5 UQ.ER LIVING TRUST ` I, rr,�l,t isSE ,, Lffiant i1m6n, txing first dull swcni, dc'posc and stl> vz ;'allows: ft the Arnold IianeuT I.Ivin�; 3rust (the' "I ru�r'''), one of the record Owner;. of C"andorntniurn Units $ 5,3�1,�46 Oml 31o, YV 14anmon Ranh Road, Vat!, Color;ido and ha-,.* pgimoml km wludga of tltm fact atmrrd lsdrbin, T submit thi3 Aff' irir rn suppr-4 n;''i)Ie blyjrrti]t1 by the Sridgc Stmt%Lotl c Re:aiderrtiat Uwne.rs Amaclgtigrl (`'A9s[rcia{ipn'') to t {.r, Cotldiii.Onal L'vt, ?rani;, for the addition to the clack on the ViniaBahn Building, locattid at 331 FTmsot, }2tutc,�, Rr THs Affitiavit wi, i aiec, scrve iu tha prrsarml 06i=tlon Of'ihr, 'r rtinT ay v propw*ry Ownzr. Q1 i July kg, 2M4 RttnonoW & ( ompany, Inc, j'tnc "Appi {eetnt " }, isptmyam IvYiii&}tt Planning krwiccs, kit:,, suhm,tted nn &pphv.Wloo for A C °' I.tId OI`itt! 1 .,'30 PerrlllttC) nl:pte ( All 4UtCkMr patii), kv�aled at 333 RLImAon Rand Roils {Vista. Mahn 13'ailding).'Lot D1,)c:k 2, Mail Vlliagc Ail{ ! ("Cendll.ionsl Use .Permit'') C in Septnmbar 13, 2004 st '2: p.m„ th Town orvall planning, a nd Eiivironmenta.l C omt*liaairm will cant:dm o rdquasi for rmsl rvvicw or the Corditirmal Liao }'enuit. Uursunnl tv Sactinr, 12 ',`R-4, Perminad and l''oneiiti :"v ;anri Floor. Vail Town Cads.. 3, Tits Trust is the record oyvnor of nual prcrpmrty adjacent to rho propert i which it, thzo 1ubjzet of tlic C.csnditir3(irdl Usc Permit and the Trust ii it m ernber o'rrlhw f491 ociation, The Truatt'q property is u!astl cxclit sivziy f�_H res identivl ustixr. T'he 7rvrt strcmg o jo ",ttR t 6a , ,9*1icwrion fir Conditional Use Pctmil and That the '( , wn of wail Plnnning and Environm.entxl Comm+rs deny tht epplicAvitm .4, Ilia Tr-)51'i oLjFC is lArgc,'y bw-rd ojt, Im not limTtrd to, angoing naimc imat At th,c Tap Roum,'Sanctu:try, the hw untl rastnuiwil Iuca►tcd (it 3 ?3 Ihn.%or, Rauch Road, Over the ltaMt fcw vean there liavo hoer, n.urn,rous complaints rmiet:d m measive riciao frown the Tap Rorsmf5anGh, Q-nd d0:- ntmted vi::lnticrna of the applirl,blc noise ordinanc.cs of Va{l. The, rer outdQo' par.iQ will izcrv'z to c.ontimllc and likely irlaransc, tl a caxcosm i Yv noide and noise ordinance violations at t�t4 Tap iR oQn vSanrtuary. The xcr ;yive rOibc ini:palr; Trxmr'� hilit7 to lilac its proFprty both fat parr &cPA> oso an{ forrerrtzil tt1 guests oFV &.i.l, The Appl leant. has failod to providiv 211y proof that sucl cxcca.ti•e naiac will not exist Fdigr construction and u4e of ncc p- opoied desk ror nee there any propwsecl aunditiom to the use, S, The prop;?40d dock wr� tsld hnvo the effvo of lvmilr& the retidentia) mountain ratting into a cc�mme *vial 4af•ttr,S. The wijdition of Lhr dcck would vcvcmly clerrnci €rem the sm of serenity that the DriciV, Strew; Lc47 nftolre, SIG gATUTZI ANM N'UTa.szIZ.A'C oN rou,com c.) S 'EP,&RA'rr P kc 7.F- 4ffiir;avii of Arnold 2iiasrgrcr nq Thipt D4ic 1 of 2 1 b L L.LF' I. ---, afflart harcin, k hrs) d-.3fy wwcm swe tur ilayc "ad the Sbrzg0mr, A Fr�d v — find ' zv". rot I, r. bea q p My krluwlc�tx' und bullvf: Dared bn- dv :, F 2DO4, ARNOILD 815,%�Q 'R LIVING MST Sv 6b(xf wid i-orn v) bt*rr- rw deb of - ,2004b . Y My Cnnmissiin Ev.im-,; lqceery llub)iz Of page! 4. - I._ , aPFiar.t heroii,. bcing rlrsi duly sworn, state t)titl lava rsad the foregoing Atridavit and find it trait and ;.vn•cw:tro tht b ;st (if my knowlcagc Ltd )xlitT; Dated dic 9 da!� ��f —��Q� UN, Te; LIV1NU MUST Nam Titlq, Subscribr,d and sworn hi h tforc me flr.;ti y da }' of —_- 2004 h) _ jSa�lj My C7nn1mi5SIQn Pxpitaa; —. 1ff•d;tvitpi'Arnultl n' nrinpTrunt Pa1[P Z. of 7 AFb'MAVIT OF THE ROBER AIVD NANCY B,A RTELS 1�EVOCAPLE TRUST STATE OF INDIANA CQU qw OF ST. Jng7VV ) ss. Robert T, 'Bartels E. A Eiant herein, being first duly sword, depose and state n follows: Robert E. 1. I, Bartels arathe Trustee irnthe Robe;rt and Nancy Harteis Revocable Trust (thc'7rasf�, the record owner of Condominium Units 201, 202 and 204, 267 Hanson Ranch Road, Vail, Colorado and have personal knowledge of the foots stated herein. I submitthis Aflldavit in support of the objection lTy the Bridge Street Lodge Residential Owners Association ('Assa to tbv Conditional Use Permit for the addition to tho deck on the Vista Bahn Building, located at 333 Hanson P'an�h Road. This Affidavit will also serve as the personal objection of the Trust as a property owner. 2. C+n July 29, 2004 12exnonov & Company, Tne. (the "Applicant % rgmsettted by Knight Planning Services. Inc., submitted an application for a Condtlona) Use Permit to allow for art outdoor patio, localod at 333 Hanson Ranch Road (Visor Bahn Building)I t C, Block 2, Vail Village piling 1 ("Conditional Use Permit?, On Scp'bember 13.2004 at 2:00 p.m., the Town of Vail Planning and Ewrimummrtal Commission will consider a request forfrnai review of the Conditional Use Permit, pursuant to Section 12-713-4, Permitted and Canal lonal Uses; Second Floor, Vail Town Code. ' 3. The Trust is the record raw= of real property adjacent to the property which is the subject of the Conditional Use Permit and the Trust is amemher of the Association. The Trust's property is used exclusivaiy for residential u4czs. The Trust strongly object to the application for Conditional Use Permit and requests that the Town of Vail Planning and Environmental Coraruission decry the application. 4. The Trust's objection is largc)y based on, but act: limited to, ongoing noise issues at the Tap itnornismacturtty, the bar and restaurant located at 333 Hanson Ranah Road. Dver the past fnw years there have been numerous complaints related to excessive noise from the Tap P oom/Sanetuazy and documented uiolations.ofthe applicable noise Qrdinances of Vail. The requested outdoor patio will serve to contint=, and likely `increase, the excessive noise and noise ordinance violations at the Tap RoomlSanemary. The excessive noise impairs 0ic Trust's ability to use its proparty both for personal use and for rental to guests of Vail. Tire Applicant has failed to provide any proof that such excessive noise will not exist afmr construction and use of the proposed deck nor are there any proposcd conditions to the use. 51 The proposed deck would have the effect of turning tlrc residential mountain scttirq into a commercial sotting. Tha addition of the deck would soverely detract from the sense of serenity that the Bridge Street Lodg~ offers. SIGNATIE AND NOTARIZATION FOLLOW ON SE P.APUA.TE PAGE Affidavit of P abwr and ldamy Bartels Revo =tale Trust pogo 1 ci "2 4 Robert E. Bai7tels�. J& mghftwja, betft *duty,wwmu,stat+fiwIhx" =ad*mitt; ,AfCiarft and ftd it mm ad uwm=m s+a Utz of nv tv wwgt "d10} . Dmibdt�c9tbtkyof September , 7m, xu=T Am NANCY DARTLS R CABIzTAMIT Netna; .Robert E. Baztels ..r« Title-, Trustee 9ub%[it end awnrn to bdata mctht It* of Se,� 111" by Pamela S . Guzman Ccrmx on Fs*m; Mar 19, 7-008 PAMELA S. GUZMAN E � SL Joseph County R; . �.. a F�L �.� My Commission Expires March 19, 2008 A?Qdsvie eFAeb+�s Wr * tivvy acmla ft- Ocablc T= pia 2 cf 2 ATT+'Iia,A,VIT OIr THE ROBERT AND NANCY HARTELS REVOCABLE TRUST STF_TE pF INDIANA ss. COUNTY OF ST. JOSEPR ancy o l Bart , AfEiarn herein, being first duly sworn, depose and &tat✓ as follows: �a r` c H i s ° Trustee 1. I, . am the riot' the RDbert and Nancy Bartel F.evocable Trust (tbe "Trust°, the record owner of Condominium Units 201,202 and 204, Hanson Ranch Road, Vail, Colorado and have personal knowledge of the facts stated herein. I submit this A: idavit in support of tho objection by the Bridge Street Lodge Residential Ovmers Association ("Associatioty") to the Conditional Use Permit for the addition to the deck on the Vista Bahn Building, located at 333 H=ion P.=oh Road. This Affidavit will also serve ns the personal objection of the Trust as a property owner. Z Qn July 29, 2 Remonov & Company, Inc, (the "Applicant' '), rcpzesantnd by Tonight Flanning Services, Inc., subrrutted an applioaiion for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Rahn Building)A t C, Block 2, Vail Village piling 1 C'Conditional Use Pamit`' , Qu September 13, 2004 at 2:00 p.m., the Town. of Vail Planning and Environmental Commission will consider a request for final rnriaw' of the Conditional Use PCT'rnk, pursusnt to Section 12 -7B-4, Permitted and Conditlottal TJ=; Second Floor, W Town Code, 3. The Trust is the record owner of real property adja=nt to the property which is the subject of the Conditional TJse P'crmit and the Trust is a member of the Association. The Trust's property is used exclusively for residential uses. Thy Trust strongly objects to tl a application for Conditional Use Perrair and requibM that the Town ofVail Planning and Environmental Comrnissicn deny the application. 4. The Trust's objection is largely bailed on, but nut limited to, ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson PAnoh Road. Over the past fnw years there have been numcrous complaints reh=cl to excessive noiso from the Tap Room/Sanctuary and documented violation3.pfthe applicable noise 4rdinanecs of Vail, The requested autdoor, patio will serve to continue, and likely increase, the excessive noise and noise ordvnancc violations at the Tap Room/Senctuary. Tho cxaessive noise impairs the Trust's ability to use its property both for personal use and for rental to guests of Vail. The Applicant has :failed to provide any proof that such excessive noise will nAt exist after construction and use of the proposed deck nor are there a.ny proposed conditions to the use, 51 The proposed deck would have the effect of turning the residential =untain satting into a commercial sotting. The addition of the deck would severet detract from the sense of serenity that the Sridgc Street Lodge offers, SIGNATURE, AND NOTARIZATION FOLLOW ON S)ZPARATE PAGE Affidavit bf,Robcrt and Nanoy Bartels Revocable Trust page i of I, Nancy Jo Bartels affiant hero, being first duly sworn, stet-- that I bane read the £arepipg Affidavit and Find it true and correct to the beat of my knowledr. and belief. Dirtcd the 4 Ehd o£ September 2pOd. i ROBERT AND NVgCY B,a RTEU REVOCABLE TRUST F Name, Nancy rtels Trustee Title; Subscribed and swam to before me this g t h dny of September004 try Pamela S. Guzman [Seal] My Commissia t Expires. ��& l C 1' QTY P PAMEU G. GUZMAN St. Joseph Counly My commission Expires Notary iI�IaG u March f 9, 2008 �Y Affidavit of Robert and Nancy Barrels Revocable Trust ,page 2 oft Uzi Uu/ ", CJ t•. 1 k.L. AFFIDAVIT OF ROBERT BISSEGGER STATR OF "e ror ) SV CouYD or �61,�.� i T Robart Bissegger, of iant herein, being first duly sworn, depose and state as follows; 1, 1, Robert Bimegger, am one of the recotd owner of Condominium Units S -4 and 3G2,287 Hanson Ranch Road, Vail. Colorado and have personal knowledge of the facts stated herein. T submit this Affidavit in support of the objection by the BridSc Strcct Lodge Residential Owners Asvoeiazion ( "Associinnn ") to the Conditional Use Permit for the addition to the. deck on the Vista Bahn Building, located at 333 Hanson Ranch Road, This Affidavit will also serve as my Rorsontrl objection as a proper-. owner. 2. On July 29, 2004 kLmonov & Company, Inc. (tlw ",applicant "), mprescrimd by Knight Planning Services, Inc., submitted an application for a Conditional Use Permit to alloy for an ouuloor patio, locate ;i at 333 Hanson 'Ranch Road (Vista Bghn Buildingy)Lot C. Block 2, Vail Village Filing 1 ( "Conditional Use Pernit'�. On September 13, 2004 at 2;00 p.m,., the Town of Vail PIannirg and Environmental Commission will consider a request for final tevicm of the Conditional Use Permit, pursuant to Section 12 - 7B-4, Permitted and Conditional tiles; Second Floor, Vail Town Code. 1 I am the iteord owner of real property adjacent to the property which is the subject of the Condi6cno'. Use Pe;rtnh and I mm a member of the Associntion. My property is used cxcltsiveiy For residential uses. I strongi )' object to the application for Conditional U.sc Permit and request that the Twmi of Vail. Planning arid Enviromnental Commission deny the application. 4, M objection is largely based on, but not lirrihed Z, ongoing noise iaeues at the "tap Room/Sanctuary, &ie bar and restaurant located at 333 Hanson iRnch Road, OVCr the past few years there have been numerous complaints related to excessivc noise from the Tap Roorn/Sanctuan and documented violations of the applicablt noise mdinanccs of Nrai'.. The requested outdoor patio will serve to "rltinuc, and likcl); inorcase, the excessive noise and noise ordinance: viotaiions at the Tap Room/Smnctuary. The exco3sivo noise impairs my ablht� to use my property both for personal use and for rental to raucsts of Vail. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the props sed Back nor ure there any proposed conditions to the use, 5 The proposed deck would have the effect otturninR the residential mountain setting into a commercial setting. The addition of the dcek would severely dotra.er from the sense of serenir.31 that the Brid.gt Street Lodge o rers. SIGNATURF, AND NOTARIZATION FOLLOW ON SEPARATE PAGE Affidavit of Robert Bisse& ter page I oft affittnt hercin, bcinE first duly sWOM. stRto that I have rear! [he foreRoing Af and find ii nd correcr m tin br st of m; knowledge attd beli ®E Dated tar L dad of 7�.2! <�' 2004. RMERT B SEGGE Ssbscribcd and vworn to before me this _ day of X004 b , Notary Public AfFidevlt nrRobert BiSSeggct page 2 of AMDAVIT OF NATALIE BISSF,GGER STATE OF A S' � o N ✓" ss, COUNTY OF 1, Natalie Bisscggct, afftam herein, being first duly swom, tieposc and ate as follows: I T, Natalie Bissrgger, am Ont of the rmc-ord ow„ers of Condaminium Units S-4 and. 342, 2g i i-iarson RancF. Road, Vail, Colorado and have peno:ral knowledge of the facts atamd herein. T s this Affidavit in support of the obiectioti by the Bridge Street Lodge Residential Owners Association ( "Ass�sciatittirl ") to the Conditional Lies Permit for the addition to the deck or. th.e Vista Kahn Bufl.ding, located at 333 Flammn'Ranch Flt>,ad, This Affidavitwill also serve as my personal objection as apruperty Uwner. 2, Ozr July 29, 2001 Remonov & Company, 3nc. (the "Applie=ne'), represented ly Knight Piannntg Services, lac,, submitted an application for a Ccnditional U: c; Permit to n, 1"' for acz outdoor patio, located at 33 3 1 I znson Ranch Road (Vista Bahn Building)Ict C. Block Z, Vail Village Filing 1 ( "Conditional Use Pcrmit' ). On September 13, 2004 at 2 - M p.rn --the Town of Vail Planning, end F,rnvironmenta.l Commission will consider a requsst for filial rW6C4 ' of the Conditional Tjse Permit, Pursuant to Seconn 12- -4, Permitted and ConditiMat U SCS, Second Floor, Vail Town Code, 3, 1 am the record gwncr of rcnl property adjacent to the ptvperty which is the subject or the Condiv'onal Uac Permit and arty a mernbzr of the Association. My property i.5 used exclusively for rosicic_nrial u.yco, I strongly objet* to the application for Conditional Use Permit and request that tine Town of Vail Planning and 'E�nvironntental Commission deny the appiicoon_ 4, My ohject'ion is lwgely based on, but not limited to, ongoing; noise issues at the Tap RoornlSanctuary, the bar and restaut'anT located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to rxcessivc noise from the Tap Room�Sanctuary and docurrrcnted violation& nordinances of the applicable oise ordinan of Vail. The requcstad outdoor patio will serve to continue, and liter incrPa&c, t'he excessive noise end noise ordinance i at tlir Tap Room /Sanctuary; The excessive noisc impairt my a'Gi.liry to use my property both for personal use and for rental ro guests of Vail. I'he Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there any proposed conditions to the use, 5. The proposed deck would havc the effect of turning the residential mountain setting into a comrner, ial setting. The addition of The dcak would severely detract from the Sense of serenity that the .9 4 lge Street Lodge of e, SIGNATURE AND NOT.kRiZATION FOLLOW ON SEPARATE PAGE Affidavit of , =Ile Biswgger page; oft affiiant herein, being first duly sworn, Stare that f havo read tie foregoing A tda.vit and find it true correct to the best of my knowledge and belief, I)atcd the _fday of "T}t: 2(YA, 'ALIT HISSEGGER ,�i Subscribed and Sworn tc, 'ael'ore me this � day .of �� 2004 by 2 J x_a'r a / - -mo --- - ��• My Commission Expirms; TA I PA 'Y Notary 'Public L �w Safi ws8� Affidavit ofNaralia Bigrse9ger ?age 1 of 2 ATTACHMENT D Aug -31 -04 11:37am From-TOWN OF VAIL COMMUNITY DEVELOPMENT 9704792452 T -800 P.022/053 F-037 2101- 082 -69- 017 — Units S-4, 3 02 Robert & NaWie Bissegger 5345 Wind Point Road Racine, VI 53402 2101- 082 -69 -019 —Units S -7, 303 Robert E. Masterson Real Estate Revocable Trust P.O. Box 390186 Omaba, NE 68139 2101 - 082 -69- 021 — Units S-9,306 Georgi LLC 30 Madison House, The Village 101 Amies Street London SW1I 27W, England 2101- 082 -69 -023 —Units S -11, 201 Robert & Nancy Bartels Revocable Trust 3426 South Twyckerib= Drive S. Bend, IN 46614 2101 - 082 -69 -038 —Unit 402 R. Howard Cannon c/o Buckeye Cellulose Corp. 7574 Poplar Avenue Germantown, TN 38138 2101- 082 -69 -032 —Unit 304 Peter A Bissegger 3021 Crarretson Avenue Corona, CA. 92881 4 Aug -31 -04 11:37am From -TOWN OF VAIL COMMUNITY DEVELOPENT . 9704792452 2101- 082 -69 -018 —Units S -5, 301, 308, 310 Arnold Bissegger Living Trust 2625 S. Atlantic Avenue 5 NE Daytona Beach Shoies, FL 32118 2101- 082 -69 -020 — Units S-8,202,204 Robert & Nancy Bartels Revocable Trust 3426 S. Twyakenbam Dr. South Bend, N 46614 2101 - -082 -69 -022 —Unit S -10 Bridge Street Investments LLC Felix Guzman No. 16 Cal El Parque 53390 Nauralpan Mexico 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- 040 —Unit 501 Bridge Street Investments LLC Felix Guzman No. 16 Col El Parque 53390 Naucalpan Mexico 2101- 082 -69 -002 - -Units 101, 102-A, 104,105, 106 Colorado Ski Service, Inc. P.O. Box 2796 Vail, CO 81658 2101- 082 -69- 006 —Unit 103 Karl & Ursula Hoevehmm 161 South Golden. Drive Silt,. CO 81652 2101 - 082 - 69.011 —Unit 220,220-A Sohn Kaemmer Trustee 291 Bridge Street Val, CO 81657 2101- 082 -69 -015 —Units S -1, S -13 MBW Realty c/o Ron Riley 228 Bridge Street Val CO 81657 T-800 P- 021/053 F -037 3 Aus -31 -04 11 :37am From —TOWN OF.VAIL COMMLINITY DEVELOPMENT Red Lion Inn Condos 304 Bridge Street Vail, CO 81657 2101- 082 - 53-007 — Unit R -1 Oscar L. Ta4g 600 5 Avenue, 8'' Floor New York, NY 10020 2101 - 082 -53 -010 — Uni C -1 Landmark Commercial. Dev, Co. 610 'W. Lionshead Circle, Suite 100 Vaal, CO 81657 2101- 082 -53 -009 —Unit R-3 Top of the Bridge Corp. 1101 Brickell Avenue, Suite 800 -S Miami, FL 33131 Bridge Street Lodge 278 hansom Rajnch Read Vail, CO 81657 2101 - 082 -69 -001 —Unit 101, 101 -A R17ey -BSL LLC 228 Bridge Street Vaz7, CO 81657 2101- 082 -69 -004 — Unit 102 Rad Three LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -013 — Unit 221, 221 -A Bolanovich Trust c/o John Kaemmer 434 Gone Creek Drive Vail, CO 81657 2101 - 082 -69- 016 —Units S -2, S -12, 401, 403 Robert E. Cannon P.O. Box 80407 Memphis, TN 38108 9704792452 7-800 P.020/053 F -037 2 ATTACHMENT E LEGAL DESCRIPTION OF BRIDGE STREET LODGE PROPERTY Golden Peak House, a Resubdivision of Tract E, Vail Village Fifth Filing and a Part of Lot C, Block 5 -C, Vail Village, First Filing and Golden Peak House, according to the Plat recorded in Book 665 at Page 983, Town of Vail, Eagle County, Colorado Aug -31 -04 11:37am From -TOWN OF VAIL COMMUNITY DEVELOPMENT 9704792452 VISTA BARN ADJACENT PROPERTY OWNERS Revised: April 19, 2004 2101 -082 -42 -001 Re=nov & Co. 298 Hanson Ranch Road P.Q. Box 1888 Edwards, CO 81632 2101 - 082-42 -008 Vail Corp. Manson Ranch Road — W5 Tract E P.Q. Box 7 Vail, CO .81658 2101 - 082-42 -009 Town of Vail Hanson Ranch Road — V V 5 Tract H 75 S. Frontage Road Vail, CO 81657 2101- 082 -39 -004 Town of Vail c/o Finance Dept. 75 S. Frontage Road Val, CO 81657 2101 - 082 -69 -010 —Unit 112 Vail Corp. P.O. Box 7 Vui, CO 81658 T-800 P.019/053 F -037 1 ATTACHMENT C 09 -05 - 04 16:01 BUCKEYE TECHNOLOGIES INC ID =9013208139 F d7 09/08/26e4 14:35 720- 946 -0887 MFGLL LLF PAGE 63 1, <�4-Y- L a — / , affiant berein, being firsr duly sworn, stsu that T have read the foregoing A ffidavit and find it truc and correct to the best of my knowledge and belief, Dated the ze day of c �TEr>7�� — �z 2004, TMO Tav calvroN Y Subscribed and sworn m before me this day of -P rc 2004 by t M o V q [Seal] 09 - 08 - 04 15:41 My Comyn,*ion Fxpires: C� e �iry hblic ' JONATHAN DALMASI NOTARY PUBLIC, State of New York No. 01DA6048115 Qualified in Bronx County Commission Expires Sept. 18, 20 Affidavit of Timothy FWi Cannon page 2 of 2 RECEIVED FROM:726 946 9887 P.83 09-09 - 04 16:00 BUCKEYE TECHNOLOGIES INC ID= 901320813 P -04 0910812004 14:35 726-945 -0887 MFGLL LLP PAGE 02 AIFFIDAV. T OF TIMOTHY HALL CANNON STATE OF COUNTY OF ss. L Timothy Hall Cannon, Affiant herein, being first duly sworn, depargand state as follows: 1. I, Timothy Hall Cannon, am the record owner of Condominium Unit 40), 287 Hanson Rauch Road, Vail, Colorado and have personal )mow ledge of the facts stared herein. I iubrn;t Utis Affidavit in support of the objection by the Bridge Street Lodge Residential Owners Association ( "?association ") to the Conditional Usz Permit for the addition to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. This Affidavit will also serve as my personal objection as a property owner. 2. On Iuly 29, 2004 Remonov & Company, Inc, (the "Applicant'), Tepresemod by Knight Planning Services, lnc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 14anson Ranch. Road (V ism Bahn Build otg)/Lot C, Block 2, Vail Village Filing.l ( "Conditional Use Permir"). On September 13, 2004 at 2:00 pm., the Town of Vail Planning and Environmental Commission willconsidera request for finatrev;cw of the Conditional Use pursuant to Section 12 -78-4, Permitted and Conditional Uses; Second Floor Vail Town Code. 3, Y am the record owner of real property adjacentto the property which is the subject of the Conditional Use Permit and l am a member of the Association. My property is used exctusivcly for residential uses. I strongiy objecr to the appli"tion for Conditional Use Perrnit and request that the Town of Vail Planning and Envimntnenthl Commission deny the application. 4. My objection is largely based on, butnot limited to, ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complairm related to excessive noise from the Tap RoomlSanetuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue, and likely increase, the excessive no'tst and noise ordinance violations at the Tap RoomlSanentaty. The excessive noise impairs my ability to use my property both for personal use. and for rental to guests of Vail. The Applicant has failed to provide any proof that such excessive rtoise will not exist• afi;eT construction and use of the proposed deck nor are [beret any proposed conditions to the use. 5. The proposed deck would have the effect of taming the residential mountain setting into s eommerciai. setting. The addition of the deck would Severely detract from. the settle of serenity that the Bridge 5treat Lodge offers. SIGNATURE AND NOT.4.RIZATION FOLLOW ON SEPARATE CAGE A ffidevit of Timothy HalI Cannon page I oft 09 -9B -94 15:46 RECEIVED rROM'720 946 9887 P.02 BRIDGE STREET LODGE RESIDENTIAL OWNERS ASSOC. OBJECTION TO APPLICATION ADDITION TO EXHIBIT F Application for Conditional Use Permit for Outdoor Deck Vista Bahn Building/333 Hanson Ranch Road Applicant: Remonov & Company, Inc. '��o.mmon `�ouards ' D.:e e bels Common Sound Pressure Common Subjective Outdoor Sounds Level (dB A) Indoor Sounds Evaluation 100 ; Printing plant Deafening Jackhammer at 50' Gas lawn mower at 4' V ery Loud 90 Food blender at 3' Telephone ringing at 8' Concrete mixer at 50' 80 Jet flyover at 5000' Vacuum cleaner at 5' Large dog barking at 50' Inside auto at 55 mph Loud 70 Electric shaver at 1.5' Auto (55 mph) at 100' Normal conversation at 3' 60 Large transformer at 50' Urban ambient Office noise 50 Moderate Small town residence Soft stereo music 40 in residence Average residence 30 without stereo playing Faint Soft whisper at 3' Rustling leaves 20 10 Very Faint 0 Threshold of hearing (or audibility) DAVID L. ADAMS ASS s and Pe Consultants in Acoustic and Performing Arts Technologes 1701 80l1LDER STREET • DENVER, COLORADO 80211 www.dlaa.com • denver @dlaa.com Date March 26, 2004 Common S ounds in Decibels Bridge Str L odge Noise DLAA Project #6789A Figure No. Drawn By A'1 DMP the human ear to that sound. Different sounds with the same A- weighted sound level are perceived as being equally loud. The A- weighted noise level is commonly used today in environmental noise analysis and in noise regulations. Typical values of the A- weighted sound level of various noise sources are shown in Figure A -1. i Equivalent Sound Level The Equivalent Sound Level (L eq ) is a type. of average which represents the steady level that, integrated over a time period, would produce the same energy as the actual signal. The actual instantaneous noise levels typically fluctuate above and below the measured L. during the measurement period. The A- weighted L eq is a common index for measuring environmental noise. Statistical Sound Level The sound levels of long -term noise producing activities such as traffic movement, aircraft operations, etc., can vary considerably with time. In order to obtain a single number rating of such a noise source, a statistically -based method of expressing sound or noise levels has been developed. It is known as the Exceedence Level, L, The L represents the sound level that is exceeded for n% of the measurement time period. For example, LI, = 60 dBA indicates that for the duration of the measurement period, the sound level exceeded 60 dBA 10% of the time. Typically, in noise regulations and standards, the specified time period is one hour. Commonly used Exceedence Levels include L L, L 501 and L which are widely used to assess community and environmental noise. APPENDIX A ACOUSTIC TERMINOLOGY Sound Pressure Level Sound, or noise, is the term given to variations in air pressure that are capable of being detected by the human ear. Small fluctuations in atmospheric pressure (sound pressure) constitute the physical property measured with a sound pressure level meter. Because the human ear can detect variations in atmospheric pressure over such a large range of magnitudes, sound pressure is expressed on a logarithmic scale in units called decibels (dB). Noise is defined as "unwanted" sound. Technically, sound pressure level (SPL) is defined as: SPL = 20 log (P/P,, f) dB where P is the sound pressure fluctuation (above or below atmospheric pressure) and P re , is the reference pressure, 20 µPa, which is approximately the lowest sound pressure that can be detected by the human ear. The sound pressure level that results from a combination of noise sources is not the arithmetic sum of the individual sound sources, but rather the logarithmic sum. For example, two sound levels of 50 dB produce a combined sound level of 53 dB, not 100 dB. Two sound levels of 40 and 50 dB produce a combined level of 50.4 dB. Human sensitivity to changes in sound pressure level is highly individualized. Sensitivity to sound depends on frequency content, time of occurrence, duration, and psychological factors such as emotions and expectations. However, in general, a change of 1 or 2 dB in the level of sound is difficult for most people to detect. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an approximate doubling or halving of loudness, respectively. A- Weighted Sound Level Studies have shown conclusively that at equal sound pressure levels, people are generally more sensitive to certain higher frequency sounds (such as made by speech, horns, and whistles) than most lower frequency sounds (such as made by motors and engines)' at the same level. To address this preferential response to frequency, the A- weighted scale was developed. The A- weighted scale adjusts the sound level in each frequency band in much the same mariner that the human auditory system does. Thus the A- weighted sound level (read as "dBA ") becomes a single number that defines the level of a sound and has some correlation with the sensitivity of D.W. Robinson and R.S. Dadson, "A Re- Determination of the Equal- Loudness Relations for Pure Tones," British Journal of Applied Physics, vol. 7, pp. 166 - 181, 1956. (Adopted by the international Standards Organization as Recommendation R -226. APPENDIX A Glossary of Acoustic Terminology Q J 0 O N M O cu L O r U C L ) CU > 5 M L. O O J J aD aD i.. C c N m Q • L J m N w Q X N M E J O 0 J O U n � m L � � O r �.r• t 1 j I i � t t � I I • • T 0 L . O E 4- •a � O a) o a) N W O o --� O r 0 0 Cl Cl 0 0 O M 07 I- co Lo r (` ep) Jana a,inssaad punoS i O L 4- ^, Q� a� L) L � ca M ca CU rn 'c ca �" L O CU N V1 U • L O MM Q. M o O LC) Q) 0 00:00 *S 00.004 00.00•£ 00.007 00:004 00:00:0 00.00 •£Z 00 =00 =ZZ 00:00: 2 0 M LL .V O E W 2 4 - O E M W O CD . J E E . ns Q� J x U C) CD Lr) r LB � � I J j i r �.r• t 1 j I i � t t � I I • • T 0 L . O E 4- •a � O a) o a) N W O o --� O r 0 0 Cl Cl 0 0 O M 07 I- co Lo r (` ep) Jana a,inssaad punoS i O L 4- ^, Q� a� L) L � ca M ca CU rn 'c ca �" L O CU N V1 U • L O MM Q. M o O LC) Q) 0 00:00 *S 00.004 00.00•£ 00.007 00:004 00:00:0 00.00 •£Z 00 =00 =ZZ 00:00: 2 0 M LL .V O E W 2 4 - O E Mr. Tom List March 26, 2004 Page 5 of 5 With respect to noise radiating from a property, not specific to restaurants or bars, the Town of Vail code sets a maximum allowable nighttime (11:00 PM to 7:00 AM) noise level of 60 dBA for a mixed HDMF and Commercial use property. Additionally, this code sets a maximum level, L m ..,, limit of 75 dBA for noise of any duration and short-term noise level limits which represent the following statistical noise levels. L 10 = 70 dBA L 50 = 63 dBA The attached Figure 1 shows a graph of the L L L 10 and L as well as the Town of Vail L. limit. Noise from the nightclub exceeded the 60 dBA L,. limit from 11:00 to 11:10 P.M., and froml 1:30 P.M. to 12:00 A.M. The mixed Commercial and HDMF land use noise limits for L 10 and L 50 were not exceeded during the measurement period. The Lm." limit was exceeded once during the night, between 12:40 and 12:50 A.M.. However, we believe that this is not attributable to noise from the Sanctuary nightclub or Tap Room bar as it was caused by accidental contact to the tripod supporting the Larson -Davis 820, which was recording the continuous sound level measurements. Furthermore, the noise level limit set by the Town of Vail zoning regulation for restaurants and bars '(50 dB), if we assume this level is to have units of dBA (decibels A- weighted), was exceeded from 9:00 P.M. until approximately 1:35 A.M. when the music stopped. Please call me if you have any questions. Sin rely, Daniel M. Purdom Encl: Figure 1 Appendix A - Glossary of Acoustic Terminology cc: John Everly, Bridge Street Lodge Residential Owners Assoc. Mr. Tom List March 26, 2004 Page 4 of 5 Noise Measurement Results The primary noise sources during the measurements were water flowing in the nearby creek, mechanical and gas main `hissing' and noise from the Sanctuary nightclub and Tap Room bar as well as from pedestrians walking along the creek or near the bars. During the evening hours of 9:00 P.M. to about 1 0:30 P.M. the main noise source was music from the bar, but water flow noise in the nearby creek was usually still audible. After 10:30 P.M. noise from the Sanctuary nightclub and the Tap Room bar began to exceed the noise from the creek and by 11:00 P.M. the nightclubs were the dominant noise sources. Music from the Sanctuary nightclub and Tap Room bar remained the dominant noises source until approximately 1:30 to 2:00 A.M. Results from the continuous measurements are shown in the attached Figure 1. Please refer to the attached Glossary for definitions of terms. Figure 1 shows a graph of the Equivalent Sound Level (L as well as L L and L SO . The results from the spectrum noise measurements are shown below. The table shows the overall A- weighted sum for each measurement. Octave -band sound pressure levels are also available. Date Time Duration (seconds) Overall Sound Pressure Level (dBA) L eg Z '50 L IO Lmax 9:07 - 9:22 pm 900 56.0 55.5 57.0 71.0 March 12, 2004 10:21 - 10:36 pm 900 59.0 58.5 60.5 64.5 12:03 - 12:18 am 901 59.0 58.5 61.0 63.5 March 13, 2004 12:15 - 1:14 am 941 57.5 57.0 59.0 62.0 1:54 - 2:09 am 910 51.0 50.0 52.5 65.0 4:17 - 4:32 am 901 45.5 745.0 46.5 58.0 From 9:00 P.M. until the music was turned off (approximately 1:35 A.M.) , strong low- frequency bass beats from the Sanctuary nightclub were easily audible in Unit 202 with all windows and doors closed tight. Compliance with the Town of Fail Code Specific to restaurant, bars, or similar uses, the Town of Vail code states the noise level may not exceed 50 decibels outside the enclosing walls or ceilings. Mr. Tom List March 26, 2004 Page 3 of 5 Zoning Designation Of Property On Which Source Of Noise Is Located All residential zones excepting HDMF Commercial plus HDMF Industrial service zones Maximum Number of Decibels Permitted From 7:00 A.M. to 11:00 P.M. 55 decibels 65 decibels SO decibels Maximum Number of Decibels Permitted From 11:00 P.M. to 7:00 A.M. 50 decibels 60 decibels 75 decibels Vail, Colorado Town Code Title 12 Zoning Regulations, Chapter 14 Supplemental Regulations, Section 14 Restaurants, Bars, or Similar Uses 12- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. Noise Measurement Location and Procedure Existing ambient sound levels were measured at one location, using two different sound level meters. One sound level meter continuously measured overall A- weighted sound levels throughout the night using 10 minute average times. The second meter measured spectral noise data approximately once per hour using a 15 minute average time. The measurement location was on the balcony of Unit 202 near the north end of the balcony (closest to the Sanctuary nightclub). Both sound level meters and microphones were mounted on tripods. The microphone on each sound level meter was positioned approximately 5' above the balcony walking surface. The continuous noise measurements were made with a Larson -Davis Model 820 (S/N 0768) Type 1 sound level meter, together with a Larson -Davis Model 2560 (S/N 3158) ''/2" random incidence microphone. The spectral noise measurements were made with a Larson -Davis Model 2900 (S/N 0518) Type 1 sound level meter, together with a Brdel & Kjmr Type 4165 (S/N 875052)'/x" random incidence microphone. The measurements included statistical sound pressure levels. Calibration was checked before and after each set of measurements with a Larson -Davis Model CAL200 Acoustic Calibrator (S/N 0697) for the Larson -Davis Model 820 and a CAL250 (S/N 0118) for the Larson -Davis 2900.. The meters were set for "slow" response, and a windscreen covered each of the microphones during all measurements. The calibration of the sound level meters and calibrator have been checked and certified by the manufacturer within the recommended period. Mr. Tom List March 26, 2004 Page 2 of 5 5 -1 -7: NOISE PROHIBITED: A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth,'shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this Section. B. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels. 2. A noise, one minute or more induration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten_(10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A- weighting scale. 1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. i D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 dBA 50 dBA Commercial 60 dBA 55 dBA Light Industrial 70 dBA 65 dBA Industrial 80 dBA 75 dBA Vail, Colorado Town Code Title S Public Health and Safety, Chapter 1 Public Nuisances, Section 7 Noise Prohibited 5 -1 -7: NOISE PROHIBITED: A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth,'shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this Section. B. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels. 2. A noise, one minute or more induration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten_(10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A- weighting scale. 1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. i D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; ADAMS . Consultants in Acoustics and Performing Arts Technologies March 26, 2004 Mr. Tom List Granite Building, Second Floor 1228 Fifteenth Street Denver, Colorado 80202 RE: Bridge Street Lodge Noise (DLAA Reference No. 6789A) Dear Mr. List: We measured the ambient noise levels at the Bridge Street Lodge in Vail, Colorado, on the balcony of Unit 202 during the night of March 12 2004. This report summarizes our findings and presents our noise measurement results. Acoustic Terminology Please refer to Appendix A for a glossary of acoustic terminology. Governing Noise Codes Colorado Revised Statutes, Title 25 Heath/Environmental Control, Article 12 Noise Abatement The State of Colorado incorporates maximum allowable noise levels as part of Title 25 Health/Environmental Control in the Colorado Revised Statutes (CRS). Article 12 addresses noise abatement and states specific noise level limits in A- weighted decibels (dBA) for several different land use zones. This document is used to enforce noise limits in the State of Colorado. However, this document states that local city and county noise codes may adopt standards that are no less restrictive than the state noise code. For reference, we have included the pertinent noise code information for the State of Colorado and for the Town of Vail. CRS 25 -12 -103. Maximum Permissible Noise Levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty -five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 1701 BOULDER STREET DENVER, COLORADO 80211 303/455 -1900 FAX 303/455 -9187 www.dlaa.com • denver ®dlaa.com EXHIBIT L ommou 'Sounds in Decheis Common Outdoor Sounds Jackhammer at 50' Gas lawn mower at 4' Concrete mixer at 50' Jet flyover at 5000' Large dog barking at 50' Auto (55 mph) at 100' Large transformer at 50' Urban ambient Small town residence Sound Pressure Common Subjective Level (dBA) Indoor Sounds Evaluation 17 Printing plant Deafening S Very Loud Food blender at 3' Telephone ringing at 8' Vacuum cleaner at 5' Inside auto at 55 mph Loud Electric shaver at 1.5' i Normal conversation at 3' — 1 Office noise Moderate. r Soft stereo music in residence Average residence without stereo playing Soft whisper at 3' Faint 4 Rustling leaves 2 1 0 Very Faint Threshold of hearing --� (or audibility) Common Sounds in Decibels DAVID L. ADAMS AS SOCIATES, Pe Figure No. Consultants in Acousti and Performing Arts Technologies 1701 BOULDER STREET - DENVER, COLORADO 80211 /� www.dlaa.com - denver @dlaa.com Date Drawn By A September 8, 2003 trb perceived as being equally loud. The A- weighted noise level is commonly used today in environmental noise analysis and in noise regulations. Typical values of the A- weighted sound level of various noise sources are shown in Figure A -1. Equivalent Sound Level The Equivalent Sound Level (L eq ) is a type of average which represents the steady level that, integrated over, a time period, would produce the same energy as the actual signal. The actual instainarneous noise levels typically fluctuate above and below the measured L eq during the measurement period. The A- weighted L eq is a common index for measuring environmental noise. Statistical Sound Level The sound levels of long -term noise producing activities such as traffic movement, aircraft operations, etc., can vary considerably with time. In order to obtain a single number rating of such a noise source, a statistically -based method of expressing sound or noise levels has been developed. It is Imown as the Exceedence Level, L, The L„ represents the sound level that is exceeded for n% of the measurement time period. For example, L, = 60 dBA indicates that for the duration of the measurement period, the sound level exceeded 60 dBA 10 % of the time. Typically, in noise regulations and standards, the specified time period is one hour. Commonly used Exceedence Levels include L L, L and L which are widely used to assess community and environmental noise. APPENDIX A ACOUSTIC TERMINOLOGY Sound Pressure Level Sound, or noise, is the term given to variations in air pressure that are capable of being detected by the human ear. Small fluctuations in atmospheric pressure (sound pressure) constitute the physical property measured with a sound pressure level meter. Because the human ear can detect variations in atmospheric pressure over such a large range of magnitudes, sound pressure is expressed on a logarithmic scale in units called decibels (dB). Noise is defined as "unwanted" sound. Technically, sound pressure level (SPL) is defined as: SPL = 20 log (PlP dB where P is the sound pressure fluctuation (above or below atmospheric pressure) and P,, is the reference pressure, 20 µPa, which is approximately the lowest sound pressure that can be detected by the human ear. The sound pressure level that results from a combination of noise sources is not the arithmetic sum of the individual sound sources, but rather the logarithmic sum. For example, two sound levels of 50 dB produce a combined sound level of 53 dB, not 100 dB. Two sound levels of 40 and 50 dB produce a combined level of 50.4 dB. Human sensitivity to changes in sound pressure level is highly individualized. Sensitivity to sound depends on frequency content, time of occurrence, duration, and psychological factors such as emotions and expectations. However, in general, a change of 1 or 2 dB in the level of sound is difficult for most people to detect. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an approximate doubling or halving of loudness, respectively. A- Weighted Sound Level Studies have shown conclusively that at equal sound pressure levels, people are generally more sensitive to certain higher frequency sounds (such as made by speech, horns, and whistles) than most lower frequency sounds (such as made by motors and engines)' at the same level. To address this preferential response to frequency, the A- weighted scale was developed. The A- weighted scale adjusts the sound level in each frequency band in much the same manner that the human auditory system does. Thus the A- weighted sound level (read as "dBA ") becomes a single number that defines the level of a sound and has some correlation with the sensitivity of the human ear to that sound. Different sounds with the same A- weighted sound level are D.W. Robinson and R.S. Dadson, "A Re- Determination of the Equal- Loudness Relations for Pure Tones," British Journal of Applied Physics, vol. 7, pp. 166 - 181, 1956. (Adopted by the International Standards Organization as Recommendation R -226. APPENDIX A Glossary of Acoustic Terminology A L z E Q) L U) Co Q) C Q) M L Cu L 0 x m E J CD m 0) ico r N N m m 6 Q Q m m Ln C C C I J a 2 a r I F I o U I = J C0 �� 'D Ln ti I I 1 I a u 0 CD C) U a o Z U 4 a Pp s e o i J LO O LIB LO O LO 0) 67 p c0 t— 1— CD L. C� Co. O� L O CI. 0 00 C� l 0, O '1 0 O . 0C.I 00 0 O L l 0 L 0 C � l O �C 0 Og OCI O Ln 00 � C� L d H d L m d 0 m H ('ygp) Iana ainssaid punoS z Q� C6 O J m L (n Q� IM CD N CO N N m m J O O O T l iJ J J T � 9 d - OO H O� 0 � , dn O Ocn O� O OC. C 0 0. O� 'O o ° o O� C OCI. O �cr' C � l OO C� C 1� o L o LO o LO o co CD CD LCD Ltd d V �C- i ' 4 a m 3 U I O N �p � CCC C m O CO U LL m o m _ CO J � Q J . D Q m O O O I / 1 4 L f ? } 1 g i � C I m m in ra m O d F (yep) Jana alnssaid punoS Q� L a� a� a� L r L, O Lo Q� L M cc N i CD N C7 r N N L7 6) 6) J Q Q 5 1 O O O J B � I I O C o U � y m - 1 � 2 o � � � I J Q QI Lo I:D G J Q m O 1 1 � I I 1 s� A q 4 u O LO O Ln O LO O CO I— I— CD CD Lf) IXD L OO P O� . CP 0 I 0 �� 00 o .4. Y o ff` d OOH N m CC O� C O 0C,0 F 00 0 06 C ', OC C, OO O L oc , C, 0 0. O� 0 1 1 . Y C: Ln O 0 (VSP) Jana ainssa.Id punoS Ap z' r L C � C CD L L O Q N W � `U CD omm CD N C"J N N CD i m � � I Q Q Q C C CT' J J J � 1 I � I ( j j u m o m J� m O 7 T N p O m U) C O F Q J m o m o j in ( 1 r � I r 3 0 1 J � { r C p d V I C p i 4 O Lf) O LO G LO O cc rl- co to LO LO (yap) lana a.inssa.id punoS 1 'T iz 0c � O OA. D, O OO O?� '! O 00 ! 04. O O1 � O 00 0 Q.- 0 �C n C 00. 04_ C � l 0 l�, C 0O. C 0 4. ! C , O ! c' u) O 0 0. 'IT !� d d L in IE C d G D d Mr. Ronald Hughes September 8, 2003 Page 5 of 5 Compliance with the Town or Vail Code Specific to restaurant, bars, or similar uses, the Town of Vaii code states a maximum noise limit of 50 decibels. With respect to noise radiating from aproperty, not specific to restaurants or bars, the Town of Vail code states amaximum allowable nighttime L eq of 60 dBA for amixed used HDMF and commercial property. In addition to the L eq the Vail noise code also sets limits on short term noises (See Vail noise code 5- 7 -1 -B). This noise code states that the maximum noise level for any duration (L,,,.) cannot exceed 15 decibels above the noise limit, that noise one minute in duration out of any 10 minute period (L cannot exceed 10 decibels above the noise limit, and that noise five minutes in duration out of any 10 minute period (L cannot exceed 5 decibels above the noise limit. Therefore, for a mixed Commercial and HDNIF land use property the nighttime maximum allowable noise limits are as follows: Leq = 60 dBA L 50 = 65 dBA L = 70 dBA Lmax = 75 dBA The attached Figure 1 shows a graph of the L eq for each of the three nights. The peaks in the noise curve forthe August 16 measurements represent times when thewindows of the Sanctuary nightclub were open. During the August 22 measurements the Sanctuary nightclub windows were open for much of the night. However, even with the windows closed, noise from the nightclub exceeds the 60 dBA. Similarly, Figures 2 through 4 all shove that the mixed Commercial and HDMF land use noise limits were exceeded in every statistical measurement for at least part of the night. Please call me if you have any questions. Sincerely, ` Todd Beiler, P.E. Encl: Figures 1 -4 Appendix A - Glossary of Acoustic Terminology cc: Charlie Greenhouse, Murray Franke Greenhouse List &, Lippitt LLP Mr. Ronald Hughes September 8, 2003 Page 4 of 5 Results from the continuous measurements are shown in the attached Figures 1 through 4. Please refer to the attached Glossary for definitions of terms. Figure 1 shows a graph of the Equivalent Sound Level (L,., on all three measurement nights, Figure 2 shows the L Figure 3 shows the L, and Figure 4 shows the L n , ax . When the windows of the Sanctuary nightclub are open the measured L eq was approximately 70 dBA during the hours of 11:00 P.M. and 1:30 A.M. When the Sanctuary windows were closed during these same hours the measured L eq was approximately 60 - 65 dBA. The results from the spectrum noise measurements are shown below. The table shows the overall A- weighted sum for each measurement, but octave -band noise data is also available. 1 Aug 16, 2003 20:58 Duration (seconds) 646 Overall Leq 58 Sound Pressure L50 57 Level LIG 58 (dBA) 60 22:36 606 59 59 60 63 Aug 17, 2003 00:02 723 70 69 72 74 01:22 646 64 64 64 66 02:11 --7- 714 56 55 56 65 Aug 22, 2003 21:18 I 603 63 63 65 71 23:31 771 67 67 69 74 Aug 23, 2003 00:24 645 68 67 69 74 02:15 603 55 55 55 60 Aug 23, 2003 20:55 665 56 56 58 66 23:04 601 60 59 61 64 Aug 24, 2003 01:13 610 66 65 67 72 01:53 431 55 55 56 60 During all three measurement nights, strong low bass beats from the Sanctuary nightclub were easily audible in Unit 302 with all windows and doors closed tight. Mr. Ronald Hughes September 8, 2003 Page 3 of 5 Noise Measurement Location and Procedure Existing ambient sound levels were measured at one location, using two different sound level meters. One sound level meter continuously measured overall A- weighted sound levels throughout each night using 10 minute average times. The second meter measured spectral noise data approximately once per hour using a 10 minute average time. The measurement location was on the balcony of Unit 302 near the north end of the balcony (closest to the Sanctuary Nightclub). Both sound level meters and microphones were mounted on tripods. The microphone on each sound level meter was positioned approximately 5' above the balcony walking surface. The continuous noise measurements were made with a Larson -Davis Model 820 (S/N 1303) Type 1 sound level meter, together with a Larson -Davis Model 2560 (S/N 2639) i2" random incidence microphone. The spectral noise measurements were made with a Larson -Davis Model 2900 (S/N 0518) Type 1 sound level meter, together with a Briiel & Kjmr Type 4165 (S/N 875052)'/x" random incidence microphone. The measurements included statistical sound pressure levels. Calibration was checked before and after each set of measurements with a Larson -Davis Model CAL200 Acoustic Calibrator (S/N 0697). The meters were set for "slow" response, and a windscreen covered the microphones during all measurements. The calibration of the sound level meters and calibrator have been checked and certified by the manufacturer within the recommended period. Noise Measurement Results Periods of light rain were noticeable on August 16, 2003 during the evening hours and continued on and off throughout the night. Very brief periods of misting rain were also noticeable on August 22, 2003 during the nighttime hours. The primary noise sources during the measurements were water flowing in the nearby creek, and noise from the Sanctuary nightclub and Taps Bar. Since there was more rain on August 16, noise from water flowing down exterior roof drains was also noticeable. During the evening hours of 8:00 P.M. to 10:00 P.M. the main noise source was water flow noise in the nearby creek. After 10:00 P.M. noise from the Sanctuary nightclub and the Taps bar began to exceed the noise from the creek and by 11:00 P.M. the nightclubs were the dominant noise sources. The Sanctuary nightclub and Taps bar remained the dominant noises source until approximately 1:30 to 2:00 A.M. On the third night of measurements, Saturday August 23 to Sunday August 24, one of the sound level meters (Larson Davis 820) experienced battery power failure and shut down around 12:34 A.M. on Sunday August 24. Although the continuous measurements stopped at 12:34 A.M., all ofthe data up to 12:34 A.M. was securely stored in non - volatile memory. Mr. Ronald Huahes September 8, 2003 Pa-e') of 5 �> Vail, Colorado Town Code Title 5 Public Health and Safet�7, Chapter 1. Public Nuisances, Section 7 Noise Prohibited 5 -1 -7: Noise Prohibited: A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this Section. B. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels. 2. A noise, one minute or more in duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A- weighting scale. 1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on whic@ the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; Vail, Colorado Town Code Title 12 Zoning Regulations, Chapter 14 Supplemental Regulations, Section 14 Restaurants, Bars, or Similar Uses 12- 14 -14: Restaurants, Bars, or Similar Uses: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings for the use. Maximum Number of Maximum Number of Zoning Designation Of Property Decibels Permitted From Decibels Permitted From On Which Source Of Noise Is Located 7:00 A.M. to 11:00 P.M. 11:00 P.M. to 7:00 A.M. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HDMF 65 decibels, 60 decibels Industrial service zones 80 decibels 75 decibels Vail, Colorado Town Code Title 12 Zoning Regulations, Chapter 14 Supplemental Regulations, Section 14 Restaurants, Bars, or Similar Uses 12- 14 -14: Restaurants, Bars, or Similar Uses: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings for the use. D.L. ADAMS ASSOCIATES, INC. Consultants in Acoustics and Performing Arts Technologies September 8, 2003 Mr. Ronald Hughes 30100 Telegraph Road, Suite 220 Bingham Farms, MI 48025 RE: Bridge Street Lod(- Noise (DLAA Reference No. 6789) Dear Mr. Hughes: We measured the ambient noise levels at the Bridge Street Lodge in Vail, Colorado, on the balcony of Unit 302 during the nights of August 16 22 " and 23r The following report summarizes our findings and presents our noise measurement results. Acoustic Terminology Please refer to Appendix A for a glossary of acoustic terminology. Governing Noise Codes The State of Colorado incorporates maximum allowable noise levels as part of Title 25 Health/Environmental Control in the Colorado Revised Statutes (CRS). Article 12 addresses noise abatement and states specific noise level limits in A- weighted decibels (dBA) for several different land use zones. This document is used to enforce noise limits in the State of Colorado. However, this document states that local city and county noise codes may adopt standards that are no less restrictive the state noise code. For reference, we have included the pertinent noise code information for the State of Colorado and for the Town of Vail. Colorado Revised Statutes, Title 25 Heath/Environmental Control, Article 12 Noise Abatement CRS 25 -12 -103. Maximum Permissible Noise Levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shillness. Sound levels of noise radiating from a property line at a distance of twenty -five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. Residential Commercial Light Industrial Industrial 55 dBA 60 dBA 70 dBA 80 dBA 303/455 -1900 • FAX 303/455 -9187 50 dBA 55 dBA 65 dBA 75 dBA 1701 BOULDER STREET • DENVER COLORADO 80211 www.dlaa.com • denver@dlaa.com EXHIBIT K '08/04 HTE CAD PAGE 1 40:14 CAD CALL INFORMATION 040670005 Call Number: 040670005 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/07/04 0:28:03 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:GEORGI First:MARYL Mid: See Caller: N Address.... Apt: City /State: Phone #: 970 - 479 -0959 Source: Call Taker.: 510625075 WENTWORTH MARC QPADEV0014 Dispatcher.: 652102401 DOHERTY -EXELL EVELYN QPADEV0007 N A R R A T I V E THE RP IS NEXT DOOR IN THE BRIDGE ST LODGE STATES THE NOISE LEVEL IS "IMPOSSIBLE" COMING FROM THE SANCTUARY CAN'T GET THE KIDS TO SLEEP PER THE RPS THE NOISE IS COMING THROUGH THE WINDOWS THEY HAVE TAKEN LEGAL STEPS TO MAKE IT QUIET DOWN PER 220 OUTSIDE SPEAKERS ARE OFF PER 220 ALL APPEARS NORMAL HE SPOKE TO THE BAR TENDER WHO IS GOING TO TELL A MANAGER *NONE Unit Status History Information 3/07/04 0:28:04 18 ROUTE CALL TIME RT 220 Unit Status History Information 3/07/04 0:29:34 4 DISPATCHED D 3/07/04 0:29:34 11 ASSIGNED AS PRIMARY PR 3/07/04 0:30:15 26 ENROUTE TO SCENE E 3/07/04 0:37:53 6 ON SCENE 0 3/07/04 0:39:15 9 STARTED SELF - INITIAT SC 137742534 DEMAREST 0:28:34 0:28:47 0:29:12 0:29:35 0:30:18 0:30:33 0:37:49 0:39:04 0:39:09 LEE D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 220 9/08/04 HTE CAD PAGE 1 16:40:01 CAD CALL INFORMATION 031930358 Call Number: 031930358 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/12/03 22:48:29 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.:.....: 001 VAIL P.D. Location...: 333 BRIDGE > ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:HUGHES First:RONALD Address...: BRIDGE STREET LODGE City /State: Phone #: 476 -1547 Call Taker.: 543231136 SCHECK RITA Dispatcher.: 524374254 FARMER SHARON N A R R A T I V E NOISE FROM THE SANCTUARY MUSIC IS REVERBERATING THROUGH THE WALLS PER 201 SHE IS OUT AT THE VPD FOR NOISE METER 201 ASKED TAP ROOM TO TURN BASS DOWN NOISE METER IS WELL UNDER THE LIMIT REFERRED RP TO TOWN COUNCIL TO CHANGE THE LAW Mid: See Caller: Y Apt: Source: QPADEV0008 QPADEV0017 *NONE Unit Status History Information 7/12/03 22:48:30 18 ROUTE CALL TIME RT 201 Unit Status History Information 7/12/03 22:49:42 4 DISPATCHED D 6995 GRAVES 7/12/03 22:49:42 11 ASSIGNED AS PRIMARY PR 7/12/03 22:50:17 9 STARTED SELF- INITIAT SC. 7/12/03 22:53:48 10 ENDED SELF - INITIATED EC 7/12/03 22:54:00 40 OUT AT THE PD OP 7/12/03 22:54:56 26 ENROUTE TO SCENE E 7/12/03 23:00:19 6 ON SCENE O 7/12/03 23:12:58 20 AVAILABLE A A D D I T I O N A L C A L L A D D R E S S E S 1 278 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: Common Name: BRIDGE STREET LODGE D I S P O S I T I O N S 22:48:37 22:49:19 22:54:12 23 :15:50 23:15:56 23:16:14 200 9/08/04 HTE CAD PAGE 1 _6:39:50 CAD CALL INFORMATION 031890373 Call Number: 031890373 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/08/03 22:39:54 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......; VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:HUGHES First:RONALD Mid: See Caller: Y Address...: BRIDGE ST LODGE Apt: City /State: Phone #: 476 -1547 Source: Call Taker.: 559022975 HUMPHREYS CHARLES Dispatcher.: 610329919 BONTA ERIC N A R R A T I V E RP COMPLAINING ABOUT SANCTUARY /TAP ROOM AMPLIED SOUND COMING THRU RP'S WALLS DOES HAVE WINDOWS OPEN NEED EARPLUGS TO SLEEP IT'S THAT BAD NEED THE SOUND TURNED DOWN HAVE OFFICER CALL THE RP BACK CALLED ON THE 6TH THE SOUND DROPPED ONE HALF THE LAST TIME OWNER SINCE 1989 232 HANDLED CALL ON THE 6TH PARTY WAS IMPRESSED BY HIS RESPONSE TERRY HUGHES WAS RP ON LAST NOISE COMPLAINT 07/06 608 FOUND A SMALL BAGGIE OF MARIJUANA BUT COULD NOT FIND THE SUSP PER 217, CALLED RP TO MEET HIM DOWNSTAIRS RP WAS UNCOOPERATIVE AND RUDE ADV 217 OF ACCESS CODE AND ROOM NUMBER OF RP READING WAS STILL UNDER THE LEGAL LIMIT TAP ROOM IS GOING TO TURN DOWN THE BASS *NONE 7/08/03 22:39:55 217 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 7/08/03 22:43:28 4 DISPATCHED D 7/08/03 22:43:28 11 ASSIGNED AS PRIMARY PR 7/08/03 22:43:30 26 ENROUTE TO SCENE E 7/08/03 22:51:36 6 ON SCENE O 7/08/03 23:21:20 20 AVAILABLE A QPADEV0017 QPADEV0003 22:40:03 22:40:31 22:40:31 22:40:40 22:40:46 22 :40:58 22:41 :43 22:41:43 22:42:28 22:43:31 22:43:31 22:44:24 22 :45:20 22 :45:25 23:09:06 23:09:16 23:09 :29 23:21:03 23:21:15 521359482 ZALOUDEK MARK 9/0-8/04 HTE CAD PAGE 2 16:39:38 CAD CALL INFORMATION 031870404 2 75 S FRONTAGE ROAD W Apt: 07/06/03 City: VAIL ST: ZIP: Block #: 1 22:40:17 Common Name: VAIL POLICE DEPARTMENT 3 333 BRIDGE ST Apt: Z3 07/06/03 City: VAIL ST: ZIP: Block # : 300 23:03:58 Common Name: SANCTUARY A D D I T I O N A L C A L L A D D R E S S E S 1 278 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: 200 Common Name: BRIDGE STREET LODGE D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 03- 001876 Unit: 232 /083/04 HTE CAD PAGE 1 :39:38 CAD CALL INFORMATION 031870404 --------------------- - -------------------------- - - - - -- Call Number: 031870404 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/06/03 22:14:42 061 NOISE COMPLAINT Police, CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:HUGHES First:TERRY Mid: See Caller: Y Address...: BRIDGE ST LODGE Apt: City /State: Phone #: 476 -1547 - Source: Call Taker.: 559022975 HUMPHREYS CHARLES Dispatcher,: 3336 BRAGA STEPHANIE N A R R A T I V E INSIDE SPEAKERS TOO LOUD FOR RP 1ST TIME RP CALLED THIS HAS GONE ON FOR 3 NIGHT IN A ROW UNBEARABLE TO THE RP OWN THE UNIT - ONGOING PROBLEM HAVEN'T BEEN THERE SINCE MARCH 17 YEAR OWNERS HAVE OFFICER CONTACT RP 232 AT PD FOR SOUNDMETER BETWEEN CHRISTIANIA AND TAP ROOM TAKING NOISE READING NOW GOING TO THE PIRATE SHIP 232 TAKEN READINGS FROM 3 PLACES NO VIOLATION SPOKE WITH TAP ROOM *NONE 7/06/03 22:14:43 232 7/06/03 22:18:02 7/06/03 22:18:02 7/06/03 22:18:06 7/06/03 22:28:55 7/06/03 22:29:15 7/06/03 22:38:01 7/06/03 22:38:01 7/06/03 22:38:02 7/06/03 23:04:02 7/06/03 23:08:19 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 40 OUT AT THE PD OP 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A U N I T L O C A T I O N S 22:15:03 22:15:36 22:15:36 22:16:40 22:17:00 22:17 :06 22:17:19 22:17:29 22:29:05 22:51:20 22:57:33 23:07:55 23:08:07 572752300 MILLBERN QPADEV0011 QPADEV0003 RYAN 1 75 S FRONTAGE ROAD W Apt: 07/06/03 City: VAIL ST: ZIP: Block #: 1 22:26:13 Common Name: VAIL POLICE DEPARTMENT 9/08/04 HTE CAD PAGE. 1 6:39:24 CAD CALL INFORMATION 030880326 Call Number: 030880326 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/29/03 21:20:14 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency........ Location...: 333 BRIDGE City......: VAIL Block #: 300 Loi Intersectn.: GORE CREEK HANSON Caller Name: Last:SMITH First:LOUANNE Address...: CHRISTIANA City /State: Phone #: 476 -5641 001 VAIL P.D. S ST Apt: Z3 ID: C Mapr: 5VC RANCH Mid: See Caller: Apt: Source: Call Taker.: 521731521 SMITH KIMBERLEY QPADEV0008 Dispatcher.: 543231136 SCHECK RITA QPADEV0013 N A R R A T I V E HAS RELIEVED SEVERAL COMPLAINTS OF YELLING OFF BALCONY 21 :20:52 THERE WAS NO ONE ON THE BALCONY PER 207 21:36:41 THEY CAN HAVE THE SPEAKERS ON UNTIL 10 21:37:11 BUT THEY WILL TURN THEM DOWN 21:37:11 *NONE Unit Status History,Information 3/29/03 21:20 :14 18 ROUTE CALL TIME RT 207 Unit Status History Information 3/29/03 21:36:22 4 DISPATCHED D 118609256 CASEY 3/29/03 21:36:22 11 ASSIGNED AS PRIMARY PR 3/29/03 21:36:45 6 ON SCENE 0 3/29/03 21:37:33 20 AVAILABLE A 232 3/29/03 21:22:28 3/29/03 21:22:28 3/29/03 21:22:30 3/29/03 21:29:00 3/29/03 21:30:07 3/29/03 21:32:18 3/29/03 21:36 :10 Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 9 STARTED SELF - INITIAT SC 10 ENDED SELF - INITIATED EC 6 ON SCENE 0 20 AVAILABLE A 572752300 MILLBERN CHRIS RYAN D. I S P 0 S I T I 0 N S 1 001 Incident Report Case# 1 - 03- 001072 Unit: 207 3/08/04 HTE CAD PAGE 1 5:39:11 CAD CALL INFORMATION 022280387 Call Number: 022280387 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 8/16/02 20:48:37 061 NOISE COMPLAINT Police CmnN: SANCTUARY Location...: 333 BRIDGE City....... VAIL Intersectn.: GORE CREEK Caller Name: Last :SMITH Address.... City /State: Agency........ 001 VAIL P.D. ST Apt: Block #: 300 Loc ID: C Mapr: 5VC HANSON RANCH First:LOUANNE Mid: See Caller: Apt: Phone #: 476 -5641 Source: Call Taker.: 7192 COMROE REBECCA QPADEV0003 Dispatcher.: 521179853 KEMPF JENNIFER QPADEV0010 N A R R A T I V E RP IS CALLING FROM TEH CHRISTIANIA 20:48:51 GETTING COMPLAINTS OF TOO MUCH NOISE FROM THE SANCTUARY 20:48:51 201 EN ROUTE TO PD FOR NOISE METER PER 201 NOISE METER USED AND WELL UNDER NOISE LIMIT EVEN WITH OCCASIONAL CROWD YELLING *NONE Unit Status History Information 8/16/02 20:48:38 18 ROUTE CALL TIME RT 201 Unit Status History Information 8/16/02 20:54:36 4 DISPATCHED D 6995 GRAVES 8/16/02 20:54:36 11 ASSIGNED AS PRIMARY PR 8/16/02 20:54:41 26 ENROUTE TO SCENE E 8/16/02 21:05:54 9 STARTED SELF - INITIAT SC 8/16/02 21:17:30 10 ENDED SELF - INITIATED EC 8/16/02 21:21:09 6 ON SCENE O 8/16/02 21:40:56 9 STARTED SELF- INITIAT SC UNIT L O C A T I O N S 1 75 S FRONTAGE ROAD W Apt: City: VAIL ST: ZIP: Block #: Common Name: VAIL POLICE DEPARTMENT 2 333 BRIDGE ST Apt: .City: VAIL ST: ZIP: Block #: Common Name: SANCTUARY 20:54:51 21:32:33 21:33:09 SAMAN 08/16/02 1 20:54:57 08/16/02 300 21:22:36 D I S P O S I T I O N S 9/08/04 HTE CAD PAGE 1 16:38:59 CAD CALL INFORMATION 022130436 Call Number: 022130436 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 8/01/02 22:09:54 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:CASEY Mid: See Caller: Y Address...: CHRISTIANA FRONT DESK Apt- City/State: Phone #: 476 -5641 Source: Call Taker.: 610329919 BONTA ERIC QPADEV0009 Dispatcher.: 559022975 HUMPHREYS CHARLES QPADEV0012 N A R R A T I V .E BASS, PEOPLE SCREAMING, ALL THE DOORS ARE OPEN 22:10:30, RP WOULD LIKE THE OFFICER TO COME BY THE FRONT DESK 22:10:54 PER 217 - THEY ARE WELL BELOW THE LEGAL LIMIT 22:36:46 *NONE Unit Status History Information 8/01/02 22:09:54 18 ROUTE CALL TIME RT 217 Unit Status History Information 8/01/02 22:11:29 4 DISPATCHED D 8/01/02 22:11:29 11 ASSIGNED AS PRIMARY PR 8/01/02 22:11 :33 26 ENROUTE TO SCENE E 8/01/02 22:32:34 6 ON SCENE 0 8/01/02 22:36:48 20 AVAILABLE A 521359482 ZALOUDEK MARK D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002273 Unit: 217 3/08/04 5:38:48 7/27/02 7/27/02 7/27/02 7/27/02 7/28/02 23:07:03 4 23:07 :03 11 23:07:04 26 23:12:50 9 0:13:41 20 HTE CAD CAD CALL INFOR] DISPATCHED ASSIGNED AS PRIMARY ENROUTE TO SCENE STARTED SELF- INITIAT AVAILABLE PAGE 2 4ATION 022080404 D 522356667 FERRI ROBER PR E SC A D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 205 2 001 Incident Report, Case# 1 - 02- 002235 Unit: 201 9/08/04 HTE CAD PAGE 1 16:38:48 CAD CALL INFORMATION 022080404 ---------------------------------------------------------- - - - - - -- Call Number: 022080404 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/27/02 23:06:15 061 NOISE COMPLAINT Police CmnN: SANCTUARY Location...: 333 BRIDGE City....... VAIL Intersectn.: GORE CREEK Caller Name: Last:MORTON Address.... City /State: Agency........ 001 VAIL P.D. ST > Apt: Block #: 300 Loc ID: C Mapr: 5VC HANSON RANCH First:BILL Mid: See Caller: Y Apt: Phone #: 476 -6264 Source: Call Taker.: 524374254 FARMER SHARON Dispatcher.: 559022975 HUMPHREYS CHARLES N A R R A T I V E 226 GETTING THE NOISE METER TO MEASURE 226 WENT ON A TRAFFIC STOP ENROUTE TO THIS CALL 205 HAS ASKED THE ESTABLISHMENT TO CLOSE ITS WINDOWS 201 TAKING THIS CALL NOW 201 OUT AT THE SANCTUARY BETWEEN 61 AND 64 PER 201 UNK IF PEOPLE ON DECK OR THE CREEK 205 ASKED CLARK TO CLOSE WINDOWS EARLIER PEOPLE ON DECK - ARE NOT YELLING THOUGH TRAFFIC BETWEEN 201 AND 205 *NONE Unit Status History Information 7/27/02 23:06:16 18 ROUTE CALL TIME RT 201 Unit Status History Information 7/27/02 23:40:55 7/27/02 23:40:55 7/27/02 23:40:58 7/27/02 23:41:30 7/27/02 23:57:07 7/27/02 23:57:07 7/27/02 23:57:08 7/28/02 0:05:38 7/28/02 0:13:41 205 QPADEV0007 QPADEV0003 23:08:26 23:2.2:07 23:22:51 23:41:10 0:05:46 0:12:48 0:12:56 0:13:07 0:13:16 0:13:29 4 DISPATCHED D 6995 GRAVES SAMAN 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A Unit Status History Information 7/27/02 23:22:32 4 DISPATCHED D 7/27/02 2.3:22:32 11 ASSIGNED AS PRIMARY PR 7/27/02 23:24:04 20 AVAILABLE A 8867 KNOX MICHA 226 Unit Status History Information /08/04 HTE CAD PAGE 2 :38:29 CAD CALL INFORMATION 022070377 1 304 BRIDGE ST Apt: Z3 07/26/02 City: VAIL ST: ZIP: Block #: 300 23:29:31 Common Name: RED LION A D D I T I O N A L C A L L A D D R E S S E S 1 333 BRIDGE ST Apt: City: VAIL ST: ZIP: Block #: 300 Common Name: SANCTUARY 2 304 BRIDGE ST Apt: Z3 City: VAIL ST: ZIP: Block #: 300 Common Name: RED LION D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002218 Unit: 207 2 001 Incident Report Case# 1 - 02- 002219 Unit: 207 9/08/04 HTE CAD PAGE 1 16:38:29 CAD CALL INFORMATION 022070377 Call Number: 022070377 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/26/02 23:19:38 061 NOISE COMPLAINT Police CMnN: SANCTUARY Agency.......: 001 VAIL P.D. Ldcation...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First :BILL Mid: See Caller: N Address...: HANSON RANCH RD Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 524374254 FARMER SHARON QPADEV0015 Dispatcher.: 559022975 HUMPHREYS CHARLES QPADEV0012 N A R R.A T I V E NOISE LEVEL TOO LOUD, RP WANTS THEM TO SHUT WINDOWS AND 23:20:16 DOORS 23:20:16 207 IS OUT AT RED LION THIS IS WHERE THE NOISE IS COMING FROM RED LION SHUT THEIR DOORS - LOWERED THE MUSIC NOISE WAS FIRST REPORTED AT SANCTUARY - CHANGED TO RED L RP CALLING BACK STATING THE NOISE IS AT THE SANCTUARY AND IS LOUDER THAN BEFORE THE RP IS NOW WILLING TO SIGN RP STATES NEED TO SHUT THE WINDOWS 207 ADVISED - WILL HEAD BACK OUT IN A MINUTE VOLUME HAS BEEN ADJUSTED BELOW 60 HAVE RP STATE WHAT KIND OF NOISE *NONE Unit Status History Information 7/26/02 23:19:39 18 ROUTE CALL TIME RT 7/26/02 23:46:54 18 ROUTE CALL TIME RT 207 Unit Status History Information 7/26/02 23:21:38 7/26/02 23:21:38 7/26/02 23:21:53 7/26/02 23:26:40 7/26/02 23:33:57 7/26/02 23:48:57 7/26/02 23:48:57 7/26/02 23:59:17 7/27/02 0:02:10 7/27/02 0:37:20 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A 118609256 CASEY 23:29:18 23:29:25 23:33:47 23:47:26 23:47:38 23:47:54 23:48:01 23:48:22 23:48:47 0:17:17 0:17:17 CHRIS U N I T L O C A T I O N S )/08/04 HTE CAD PAGE 1 5:38:17 CAD CALL INFORMATION 022020008 Call Number: 022020008 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/21/02 0:19:46 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:WILLIAM Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: Phone #: Source: Call Taker.: 559022975 HUMPHREYS CHARLES Dispatcher.: 539847092 MITCHELL JENNIFER N A R R A T I V E COMPLAINING ABOUT NOISE ORDINANCE TURNED UP ALL THE WAY WILL BE COMPLAINING ALL THE TIME DOORS ARE OPEN DRUMS ARE REALLY LOUD NO CONTACT W /RP ADVISED 226 NOISE UNDER CITABLE LIMIT THEY ARE GOING TO CLOSE THE DOORS *NONE Unit Status History Information 7/21/02 0:19:46 18 ROUTE CALL TIME RT 226 Unit Status History Information 7/21/02 0:21:48 4 DISPATCHED I D 7/21/02 0:21:48 11 ASSIGNED AS PRIMARY PR 7/21/02 0:24:26 6 ON SCENE 0 7/21/02 0:48:53 20 AVAILABLE A QPADEV0011 QPADEV0007 0:20 :10 0:20:16 0:20:22 0:20:27 0 :20:35 0:20:50 0:20:58 0:48:43 0:48:50 522356667 FERRI ROBER D I S P O S I T I O N S 1 001 Incident Report Case# 1 02- 002164 Unit: 226 9/08/04 HTE CAD PAGE 1 16:38:05 CAD CALL INFORMATION 022000402 Call Number: 022000402 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/19/02 23 :25:37 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: > City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersects.: GORE CREEK I HANSON RANCH Caller Name: Last:CALLAIS First:CASEY Mid: See Caller: N Address...: CHRISTIANA Apt: City /State: Phone#: 476 -5641 108 Source: Call Taker.: 610329919 BONTA Dispatcher.: 5080 GREY ERIC MICHELE QPADEV0017 QPADEV0003 N A R R A T I V E SOME PEOPLE OUT ON THE BALCONEY HAD SOME GUEST COMPLAIN THAT THEY THEY PARTIES ON THE BALCONEY ARE BEING VERY LOUD IN THE AREA PER 226 MEETING READINGS/ 3 SIDES/ DID NOT EXCEED LIMITS 23:25:46 23:27:40 23:28:12 23:49 :06 23:53:09 23:58:40 *NONE Unit Status History Information 7/19/02 23:25:38 18 ROUTE CALL TIME RT 226 Unit Status History Information 7/19/02 23:35:49 4 DISPATCHED D 7/19/02 23:35:49 11 ASSIGNED AS PRIMARY PR 7/19/02 23:35:49 26 ENROUTE TO SCENE E 7/19/02 23:49:00 6 ON SCENE O 7/19/02 23:58:49 20 AVAILABLE A 522356667 FERRI ROBER D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002156 Unit: 226 1/08/04 23:10:43 HTE CAD PAGE 1 :37 :52 CAD CALL INFORMATION 021870442 Call Number: 021870442 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: i 7/06/02 23:04:19 061 NOISE COMPLAINT Police j CmnN: SANCTUARY Agency.......: 001 VAIL P.D. f Location...: 333 BRIDGE `� ST Apt: City......: VAIL Block #: 300 Lac ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address.... Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 521179853 KEMPF JENNIFER QPADEV0002 Dispatcher.: 521179853 KEMPF JENNIFER QPADEV0002 N A R R A T I V E KEEPS GETTING LOUDER EVERY HOUR WINDOWS ARE OPEN PER 223 THIS IS CROWD NOISE, HAS ASKED THE BOUNCERS TO CLOSE A COUPLE OF CORNER WINDOWS *NONE Unit Status History Information 7/06/02 23:04:20 18 ROUTE CALL TIME RT 207 Unit Status History Information 7/06/02 23:10:43 4 DISPATCHED D 118609256 CASEY 7/06/02 23:10:43 6 ON SCENE 0 23:05:08 7/06/02 23:13:08 20 AVAILABLE A 6 223 Unit Status History Information 7/06/02 23:04:59 4 DISPATCHED D 7/06/02 23:04:59 11 ASSIGNED AS PRIMARY PR 7/06/02 23:05:08 26 ENROUTE TO SCENE E 7/06/02 23:10:40 6 ON SCENE 0 7/06/02 23:13:08 20 AVAILABLE A 522537529 CALL 23:04:24 23:04 :27 23:13:00 23:13:00 CHRIS JENNI D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 223 9/08/04 HTE CAD PAGE 1 .6:37:41 CAD CALL INFORMATION 021860485 Call Number: 021860485 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/05/02 23:44:23 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:WILLIAM Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 314965002 NIELSEN LISA QPADEV0008 Dispatcher.: 522432408 GRAY AMY QPADEV0010 N A R R A T I V E NOISE IS TOO LOUD AT SANCTUARY 23:45:21 THEY NEED TO CLOSE WINDOWS AND TURN IT DOWN 23:45:34 *NONE Unit Status History Information 7/05/02 23:44:23 205 7/05/02 23:45:59 7/05/02 23:45:59 7/05/02 23:46:00 7/05/02 23:53:25 7/06/02 0:06:23 223 7/05/02 23:46:47 7/05/02 23:46:49 7/06/02 0:01:25 7/06/02 0:06:23 18 4 11 26 6 20 ROUTE CALL Jnit Status DISPATCHED ASSIGNED A; ENROUTE TO ON SCENE AVAILABLE TIME RT History Information D 3 PRIMARY PR SCENE E 0 A Unit Status History Information 4 DISPATCHED D 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A 8867 KNOX 522537529 CALL MICHA JENNI D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 205 /08/04 HTE CAD PAGE 1 :37:29 CAD CALL INFORMATION 021860019 Call Number: 021860019 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/05/02 0:34:40 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: j City......: VAIL Block #: 300 Loc ID: C Mapt: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 559022975 HUMPHREYS CHARLES QPADEV0008 Dispatcher.: 7192 COMROE REBECCA QPADEVOOOF N A R R A T I V E RP BELIEVES - WAY BEYOND THE NOISE LIMIT RP KNOWS THE DECIBEL LEVELS THEY HAVE WINDOWS OPEN GAVE TO EOC THEY WILL AIR TO THE VILLAGE 223 ENROUTE SHE IS TAKEN THE NOISE MEETER *NONE 0:39:31 Unit Status History Information 7/05/02 0:34 :41 18 ROUTE CALL TIME RT 223 0:39:43 Unit Status History Information 7/05/02 0:42:28 4 DISPATCHED D 522537529 CALL 7/05/02 0:42:28 11 ASSIGNED AS PRIMARY PR 7/05/02 0:42:30 6 ON SCENE 0 7/05/02 0:42:33 20 AVAILABLE A 225 Unit Status History Information 7/05/02 0:39:31 4 DISPATCHED D 7/05/02 0:39:31 11 ASSIGNED AS PRIMARY PR 7/05/02 0:39:43 20 AVAILABLE A 3838 RUSSELL 0:35:09 0:35:39 0:35:44 0:39:38 0:42 :26 JENNI JOSEP D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 225 9/08/04 HTE CAD PAGE 1 16:37:18 CAD CALL INFORMATION 021850025 ---------------------------------r---------------------------------- - - - - -- Call Number: 021850025 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/04/02 1:12:16 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: VAIL CO Phone #: 476 -6264 Source: Call Taker.: 521179853 KEMPF JENNIFER QPADEV0009 Dispatcher.: 3258 UHLRICH BETH QPADEV0003 N A R RA. T I V E DO NOT CONTACT RP, JUST WANTS THE NOISE TO STOP 1:12 :35 RP WANTS THE NOISE COMING OUT OF THE SANCTUARY 1:12:49 TO STOP, AND SAYS IF THIS DOESN'T STOP HE IS GOING TO CALL 1:13:07 THE MAYOR 1:13:07 RP SAID THEY NEEDED TO CLOSE THE DOORS AND WINDOWS 1:15:59 AND THAT THE DECIBEL LEVEL WAS WELL ABOVE REGULATION 1:16 :06 208 DISREGARD WITH THE NOISE METER 1:22:49 MUSIC HAS BEEN TURNED OFF PER 216 1:22:49 ALREADY DID LAST CALL PER SGT 1:23:35 UNABLE TO GET A METER READING 1:23:35 *NONE Unit Status History Information 7/04/02 1:12:17 18 ROUTE CALL TIME RT 216 Unit Status History Information 7/04/02 1:15:12 4 DISPATCHED D 8809 DOUGLAS SUSAN 7/04/02 1:15:12 11 ASSIGNED AS PRIMARY PR 7/04/02 1:16:26 6 ON SCENE O 7/04/02 1:23:40 20 AVAILABLE A A D D I T I O N A L CALL A D D R E S S E S 1 308 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: 300 Common Name: D I S P O S I T I O N S 3/08/04 HTE CAD PAGE 2 1:37:05 CAD CALL INFORMATION 021820373 1 308 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: 300 Common Name: D I S P 0 S I T I N S 1 001 Incident Report Case# 1 - 02- 001949 Unit: 208 9/08/04 HTE CAD PAGE 1 16:37 :05 CAD CALL INFORMATION 021820373 Call Number: 021820373 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/01/02 23:15:16 061 NOISE COMPLAINT Police CmnN: SANCTUARY ,' Location...: X33 BRIDGE City....... VAIL Intersectn.: GORE CREEK Agency........ 001 VAIL P.D. ST Apt: Block #: 300 Loc ID: C Mapr: 5VC HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt- City/State: VAIL CO Phone #: 476 -6034 Source: Call Taker.: 522432408 GRAY Dispatcher.: 522432408 GRAY AMY AMY N A R R A T I V E THEY NEED TO CLOSE THE DOORS 216 WILL SWING BY 201 LOCATION AND THEN BE ENROUT 208 , THEY HAVE CLOSED DOORS AND WINDOWS IR TAKEN FOR DOCUMENTATION *NONE Unit Status History Information 7/01/02 23:15:16 18 ROUTE CALL TIME RT 208 23:18:57 Unit Status History Information 7/01/02 23:21:54 4 DISPATCHED D E 7/01/02 23:21:54 11 ASSIGNED AS PRIMARY PR 7/01/02 23:21:57 26 ENROUTE TO SCENE E 7/01/02 23:28:41 6 ON SCENE O 7/01/02 23:33:37 20 AVAILABLE A 216 Unit Status History Information 7/01/02 23:18:57 4 DISPATCHED D 7/01/02 23:18:57 11 ASSIGNED AS PRIMARY PR 7/01/02 23:19:11 26 ENROUTE TO SCENE E 7/01/02 23:19:51 20 AVAILABLE A QPADEV0014 QPADEV0014 23:16:17 23:19:38 23:19:38 23:33:20 23 : 33 :33 6640 BALDWIN BRAD 8809 DOUGLAS SUSAN A D D I T I O N A L CALL A D D R E S S E S 3/08/04 HTE CAD PAGE 1 iM36 N 54 ---------------------- CAD - INFORMATION ------------- - - - - -- 020790337 Call Number: 020790337 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/20/02 23:11:44 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:DEBBIE Mid: See Caller: N Address...: THE CHRISTIANA Apt: City /State: Phone #: Source: Call Taker -: 429556180 MELTON SUZANNE QPADEV0008 Dispatcher.: 479848360 HUXFORD SUSIE QPA.DEV0012 N A R R A T I V E GUESTS COMPLAINING OF BOOMING BASS FROM THERE 23:12:39 METER READINGS TAKEN 23:33:10 SPOKE WITH THE TAP ROOM MANAGEMENT 23:33:33 *NONE Unit Status History Information 3/20/02 23:11:45 18 ROUTE CALL TIME RT 207 Unit Status History Information 3/20/02 23:13:31 4 DISPATCHED D 3/20/02 23:13:31 11 ASSIGNED AS PRIMARY PR 3/20/02 23:13:35 26 ENROUTE TO SCENE E 3/20/02 23:23:57 6 ON SCENE O 3/20/02 23 :34:20 20 AVAILABLE A 118609256 CASEY CHRIS D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 001031 Unit: 207 9/08/04 HTE CAD PAGE 1 16:36:40 CAD CALL INFORMATION 020240366 Call Number: 020240366 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 1/24/02 22:29:14 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID :. C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:CASEY Mid: See Caller: N Address...: MGRS APARTMENT Apt: City /State: Phone #: 477 -0319 Source: Call Taker.: 521179853 KEMPF Dispatcher.: 521179853 KEMPF JENNIFER JENNIFER N A R R A T I V E GUEST FROM CHRISTIANA CALLING TO COMPLAINT ABOUT THE SPEAKERS OUTSIDE BEING ON PER 210 THE SPEAKERS ARE NOW OFF *NONE Unit Status History Information 1/24/02 22:29:14 18 ROUTE CALL TIME RT 210 Unit Status History Information 1/24/02 22 :39:50 1/24/02 22:39:50 1/24/02 22:44:05 1/24/02 22:46:44 1/24/02 22:47:10 1/24/02 22:47 :10 1/24/02 22:47:13 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 6 ON SCENE O 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 20 AVAILABLE A D I S P O S I T I O N S QPADEV0018 QPADEV0018 22:29:30 22:29:30 22:46:56 4318 MULSON KURT 1 009 No Report Case# 1 - 00- 000000 Unit: 210 9/08/04 HTE CAD PAGE 1 5:36:22 CAD CALL INFORMATION 040670005 ---------------------- - - ------------------- - - -- Call Number: 040670005 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/07/04 0:28:03 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency........: 001 VAIL P.D. Location...: 333 BRIDGE ; ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:GEORGI First:MARYL Mid: See Caller: N Address.... Apt: City /State: Phone #: 970 - 479 -0959 Source: Call Taker.: 510625075 WENTWORTH MARC QPADEV0014 Dispatcher.: 652102401 DOHERTY -EXELL EVELYN QPADEV0007 N A R R A T I V E THE RP IS NEXT DOOR IN THE BRIDGE ST LODGE STATES THE NOISE LEVEL IS "IMPOSSIBLE" COMING FROM THE SANCTUARY CAN'T GET THE KIDS TO SLEEP PER THE RPS THE NOISE IS COMING THROUGH THE WINDOWS THEY HAVE TAKEN LEGAL STEPS TO MAKE IT QUIET DOWN . PER 220 OUTSIDE SPEAKERS ARE OFF PER 220 ALL APPEARS NORMAL HE SPOKE TO THE BAR TENDER WHO IS GOING TO TELL A MANAGER *NONE Unit Status History Information 3/07/04 0:28:04 18 ROUTE CALL TIME RT 220 Unit Status History Information 3/07/04 0 :29:34 4 DISPATCHED D 3/07/04 0:29:34 11 ASSIGNED AS PRIMARY PR 3/07/04 0:30:15 26 ENROUTE TO SCENE E 3/07/04 0:37:53 6 ON SCENE O 3/07/04 0:39:15 9 STARTED SELF - INITIAT SC 137742534 DEMAREST 0:28:34 0:28:47 0:29:12 0:29:35 0:30:18 0:30:33 0:37:49 0 :39 :04 0:39:09 LEE D I S P O S IT I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 220 ------------------------------------------------------------------------------- 9/08/04 HTE CAD PAGE 1 16:36:06 CAD CALL INFORMATION 031930358 Call Number: 031930358 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/12/03 22:48:29 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:HUGHES First:RONALD Mid: See Caller: Y Address...: BRIDGE STREET LODGE Apt: City /State: Phone #: 476 -1547 Source: Call Taker.: 543231136 SCHECK RITA QPADEV0008 Dispatcher.: 524374254 FARMER SHARON QPADEV0017 N A R R A T I V E NOISE FROM THE SANCTUARY 22:48:37 MUSIC IS REVERBERATING THROUGH THE WALLS 22:49:19 PER 201 SHE IS OUT AT THE VPD FOR NOISE METER 22:54:12 201 ASKED TAP ROOM TO TURN BASS DOWN 23:15:50 NOISE METER IS WELL UNDER THE LIMIT 23:15:56 REFERRED RP TO TOWN COUNCIL TO CHANGE THE LAW 23:16:14 *NONE Unit Status History Information 7/12/03 22:48:30 18 ROUTE CALL TIME RT 201 Unit Status History Information 7/12/03 22:49:42 7/12/03 22:49:42 7/12/03 22 :50:17 7/12/03 22:53:48 7/12/03 22:54:00 7/12/03 22:54:56 7/12/03 23:00:19 7/12/03 23:12:58 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 9 STARTED SELF - INITIAT SC 10 ENDED SELF - INITIATED EC 40 OUT AT THE PD OP 26 ENROUTE TO SCENE E 6 ON .SCENE O 20 AVAILABLE A 6995 GRAVES ADD I T I O N A L CALL A D D R E S S E S 1 278 HANSON RANCH I RD Apt: City: VAIL ST: ZIP: Block #: Common Name: BRIDGE STREET LODGE 200 SAMAN D I S P O S I T I O N S /08/04 18 ROUTE CALL HTE CAD RT 217 PAGE 1 :35:51 Information CAD CALL INFORMATION PR 031890373 Call Number: 031890373 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/0.8/03 22:39:54 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last :HUGHES First:RONALD Address...: BRIDGE ST LODGE City /State: Phone #: 476 -1547 Call Taker.: 559022975 HUMPHREYS CHARLES Dispatcher.: 610329919 BONTA ERIC N A R R A T I V E RP COMPLAINING ABOUT SANCTUARY /TAP ROOM AMPLIED SOUND COMING THRU RP'S WALLS DOES HAVE WINDOWS OPEN NEED EARPLUGS TO SLEEP IT'S THAT BAD NEED THE SOUND TURNED DOWN HAVE OFFICER CALL THE RP BACK CALLED ON THE 6TH THE SOUND DROPPED ONE HALF THE LAST TIME OWNER SINCE 1989 232 HANDLED CALL ON THE 6TH PARTY WAS IMPRESSED BY HIS RESPONSE TERRY HUGHES WAS RP ON LAST NOISE COMPLAINT 07/06 608 FOUND A SMALL BAGGIE OF MARIJUANA BUT COULD NOT FIND THE SUSP PER 217, CALLED RP TO MEET HIM DOWNSTAIRS RP WAS UNCOOPERATIVE AND RUDE ADV 217 OF ACCESS CODE AND ROOM NUMBER OF RP READING WAS STILL UNDER THE LEGAL LIMIT TAP ROOM IS GOING TO TURN DOWN THE BASS I *NONE Unit Status History Information 7/08/03 22:39:55 i 18 ROUTE CALL TIME RT 217 Unit Status History Information 7/08/03 22:43:28 4 DISPATCHED D 7/08/03 22:43 :28 11 ASSIGNED AS PRIMARY PR 7/08/03 22:43:30 26 ENROUTE TO SCENE E 7/08/03 22:51:36 6 ON SCENE 0 7/08/03 23:21:20 20 AVAILABLE A Mid: See Caller: Y Apt: Source: QPADEV0017 QPADEV0003 22:40:03 22 :40:31 22 :40:31 22:40:40 22:40:46 22:40:58 22:41:43 22:41:43 22:42:28 22:43:31 22:43:31 22:44:24 22:45:20 22:45:25 23:09:06 23:09:16 23:09:29 23:21:03 23:21 :15 521359482 ZALOUDEK MARK 9/08/04 HTE CAD PAGE 2 16:35:40 --------------------------r---_------_---------------------------- CAD CALL INFORMATION 031870404 - - - - -- 2 75 S FRONTAGE ROAD W Apt: 07/06/03 City: VAIL ST: ZIP: Block #: 1 22 :40:17 Common Name: VAIL POLICE DEPARTMENT 3 333 BRIDGE ST Apt: Z3 07/06/03 City: VAIL, ST: ZIP: Block #: 300 23:03 :58 Common Name: SANCTUARY A D D I T I O N A L CALL A D D R E S S E S 1 278 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: 200 Common Name: BRIDGE STREET LODGE D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 03- 001876 Unit: 232 3/08/04 HTE CAD PAGE 1 ):35:40 CAD CALL INFORMATION MM �� N ���031870404 - Call Number: 031870404 Call Type.: 061 NOISE COMPLAINT Police I Entry Day /Tm: 7/06/03 22:14:42 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency........ Location...: 333 BRIDGE City......: VAIL Block #: 300 Lo Intersectn.: GORE CREEK HANSON Caller Name: Last:HUGHES First:TERRY Address...: BRIDGE ST LODGE City /State: Phone #: 476 -1547 Call Taker.: 559022975 HUMPHREYS CHARLES Dispatcher.: 3336 BRAGA STEPHANIE N A R R A T I V E INSIDE SPEAKERS TOO LOUD FOR RP 1ST TIME RP CALLED THIS HAS GONE ON FOR 3 NIGHT IN A ROW UNBEARABLE TO THE RP OWN THE UNIT - ONGOING PROBLEM HAVEN'T BEEN THERE SINCE MARCH 17 YEAR OWNERS HAVE OFFICER CONTACT RP 232 AT PD FOR SOUNDMETER BETWEEN CHRISTIANIA AND TAP ROOM TAKING NOISE READING NOW GOING TO THE PIRATE SHIP 232 TAKEN READINGS FROM 3 PLACES NO VIOLATION SPOKE WITH TAP ROOM *NONE 7/06/03 22:14:43 232 7/06/03 22:18:02 7/06/03 22:18:02 7/06/03 22:18:06 7/06/03 22 :28:55 7/06/03 22:29:15 7/06/03 22:38:01 7/06/03 22:38:01 7/06/03 22:38:02 7/06/03 23:04:02 7/06/03.23:08:19 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 40-OUT AT THE PD OP 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE O 20 AVAILABLE A 22:15:03 22:15:36 22:15:36 22 :16:40 22:17:00 22:17:06 22:17:19 22:17:29 22:29:05 22:51:20 22:57:33 23:07:55 23:08:07 572752300 MILLBERN U N I T L O C A T I O N S 1 75 S FRONTAGE ROAD W Apt: City: VAIL ST: ZIP: Block #: Common Name: VAIL POLICE DEPARTMENT 001 VAIL P.D. ,'ST Apt: Z3 hD: C Mapr: 5VC RANCH Mid: See Caller: Y Apt: Source: QPADEV0011 QPADEV0003 RYAN 07/06/03 1 22:26:13 9/08/04 HTE CAD PAGE 1 16:35:22 CAD CALL INFORMATION 030880326 Call Number: 030880326 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/29/03 21:20:14 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: Z3 City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:SMITH First:LOUANNE Mid: See Caller: Address...: CHRISTIANA Apt- City/State: Phone #: 476 -5641 Source: Call Taker.: 521731521 SMITH Dispatcher.: 543231136 SCHECK KIMBERLEY RITA N A R R A T I V E HAS RECIEVED SEVERAL COMPLAINTS OF YELLING OFF BALCONY THERE WAS NO ONE ON THE BALCONY PER 207 THEY CAN HAVE THE SPEAKERS ON UNTIL 10 BUT THEY WILL TURN THEM DOWN *NONE Unit Status History Information 3/29/03 21:20:14 207 3/29/03 21:36:22 3/29/03 21:36:22 3/29/03 21:36:45 3/29/03 21:37:33 232 3/29/03 21:22:28 3/29/03 21:22:28 3/29/03 21:22:30 3/29/03 21:29:00 3/29/03 21:30:07 3/29/03 21:32:18 3/29/03 21:36:10 QPADEV0008 QPADEV0013 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 118609256 CASEY 11 ASSIGNED AS PRIMARY PR 6 ON SCENE O 20 AVAILABLE A Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 9 STARTED SELF - INITIAT SC 10 ENDED SELF - INITIATED EC 6 ON SCENE O 20 AVAILABLE A 21:20:52 21:36:41 21:37 :11 21:37:11 572752300 MILLBERN CHRIS RYAN D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 03- 001072 Unit: 207 /08/04 HTE CAD PAGE 1 - :35:10 CAD CALL INFORMATION 022280387 ----------------------------------------------------------------------------- Call Number: 022280387 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 8/16/02 20:48:37 061 NOISE COMPLAINT Police CmnN: SANCTUARY Location...: 333 BRIDGE City....... VAIL Intersectn.: GORE CREEK Caller Name: Last:SMITH Address.... City /State: Agency........ 001 VAIL P.D. ST Apt: Block #: 300 Loc ID: C Mapr: 5VC HANSON RANCH First:LOUANNE Mid: See Caller: Apt: Phone #: 476 -5641 Source: Call Taker.: 7192 COMROE REBECCA QPADEV0003 Dispatcher.: 521179853 KEMPF JENNIFER QPADEV0010 N A R R A T I V E RP IS CALLING FROM TEH CHRISTIANIA 20:48:51 GETTING COMPLAINTS OF TOO MUCH NOISE FROM THE SANCTUARY 20:48:51 201 EN ROUTE TO PD FOR NOISE METER PER 201 NOISE METER USED AND WELL UNDER NOISE LIMIT EVEN WITH OCCASIONAL CROWD YELLING ` *NONE 8/16/02 20:48:38 201 8/16/02 20:54:36 8/16/02 20:54:36 8/16/02 20:54:41 y 8/16/02 21:05:54 8/16/02 21:17:30 8/16/02 21:21:09 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 6995 GRAVES 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 9 STARTED SELF - INITIAT SC 10 ENDED SELF- INITIATED EC 6 ON SCENE 0 8/16/02 21:40:56 9 STARTED SELF - INITIAT SC U N I T L O C A T I O N S 1 75 S FRONTAGE ROAD W Apt: City: VAIL ST: ZIP: Block #: Common Name: VAIL POLICE DEPARTMENT 2 333 BRIDGE ST Apt: City: VAIL ST: ZIP: Block #: Common Name: SANCTUARY 20:54:51 21:32:33 21:33:09 SAMAN 08/16/02 1 20:54:57 08/16/02 300 21:22:36 D I S P O S I T I O N S 9/08/04 HTE CAD PAGE 1 16:35:00 CAD CALL INFORMATION 022130436 Call Number: 022130436 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 8/01/02 22:09:54 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:CASEY Mid: See Caller: Y Address...: CHRISTIANA FRONT DESK Apt: City /State: Phone #: 476 -5641 Source: Call Taker.: 610329919 BONTA ERIC QPADEV0009 Dispatcher.: 559022975 HUMPHREYS CHARLES QPADEV0012 N A R R A T I V E BASS, PEOPLE SCREAMING, ALL THE DOORS ARE OPEN 22:10:30 RP WOULD LIKE THE OFFICER TO COME BY THE FRONT DESK 22:10:54 PER 217 - THEY ARE WELL BELOW THE LEGAL LIMIT 22:36:46 *NONE 8/01/02 22:09:54 217 8/01/02 22:11:29 8/01/02 22:11:29 8/01/02 22:11:33 8/01/02 22:32:34 8/01/02 22:36:48 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 521359482 ZALOUDEK 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002273 Unit: 217 /08/04 34:50 7/27/02 7/27/02 7/27/02 7/27/02 7/28/02 23:07:03 4 23 :07:03 11 23 :07:04 26 23:12:50 9 0:13:41 20 HTE CAD CAD CALL INFOR] DISPATCHED ASSIGNED AS PRIMARY ENROUTE TO SCENE STARTED SELF - INITIAT AVAILABLE PAGE 2 4ATION 022080404 D 522356667 FERRI ROGER PR E SC A D I S P O S I T I O N S 1 009 No Report Case# 1 - 00- 000000 Unit: 205 2 001 Incident Report Case# 1 - 02- 002235 Unit: 201 9/08%04 HTE CAD PAGE 1 16:34:50 CAD CALL INFORMATION 022080404 Call Number: 022080404 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/27/02 23:06:15 061 NOISE COMPLAINT Police CmnN: SANCTUARY Location...: 333 BRIDGE City....... VAIL Intersectn.: GORE CREEK Caller Name: Last:MORTON Address.... City /State: Agency........ 001 VAIL P.D. > ST Apt: Block #: 300 Loc ID: C Mapr: 5VC HANSON RANCH First:BILL Mid: See Caller: Y Apt: Phone #: 476 -6264 Source: Call Taker.: 524374254 FARMER SHARON Dispatcher.: 559022975 HUMPHREYS CHARLES N A R R A T I V E 226 GETTING THE NOISE METER TO MEASURE 226 WENT ON A TRAFFIC STOP ENROUTE TO THIS CALL 205 HAS ASKED THE ESTABLISHMENT TO CLOSE ITS WINDOWS 201 TAKING THIS CALL NOW 201 OUT AT THE SANCTUARY BETWEEN 61 AND 64 PER 201 UNK IF PEOPLE ON DECK OR THE CREEK 205 ASKED CLARK TO CLOSE WINDOWS EARLIER PEOPLE ON DECK - ARE NOT YELLING THOUGH TRAFFIC BETWEEN 201 AND 205 23:08:26 23 :22:07 23:22:51 23:41:10 0:05:46 0:12:48 0:12 :56 0:13:07 0:13:16 0:13:29 *NONE Unit Status History Information 7/27/02 23:06:16 18 ROUTE CALL TIME RT 201 Unit Status History Information 7/27/02 23:40:55 4 DISPATCHED D 6995 GRAVES SAMAN 7/27/02 23:40:55 11 ASSIGNED AS PRIMARY PR 7/27/02 23:40:58 26 ENROUTE TO SCENE E 7/27/02 23:41:30 20 AVAILABLE A 7/27/02 23:57:07 4 DISPATCHED D 7/27/02 23:57:07 11 ASSIGNED AS PRIMARY PR 7/27/02 23:57:08 26 ENROUTE TO SCENE E 7/28/02 0:05:38 6 ON SCENE O 7/28/02 0:13:41 20 AVAILABLE A 205 Unit Status History Information 7/27/02 23:22:32 4 DISPATCHED D 7/27/02 23:22:32 11 ASSIGNED AS PRIMARY PR 7/27/02 23:24:04 20 AVAILABLE A QPADEV0007 QPADEV0003 8867 KNOX MICHA 226 Unit Status History Information /08/04 HTE CAD PAGE 2 :34:26 CAD CALL INFORMATION 022070377 ---------------------------------------------_-----------_------------------- 1 304 BRIDGE ST Apt: Z3 07/26/02 E City: VAIL ST: ZIP: Block #: 300 23:29:31 Common Name: RED LION A D D I T I.0 N A L CALL A D D R E S S E S 1 333 BRIDGE ST Apt: City: VAIL ST: ZIP: Block #: 300 Common Name: SANCTUARY 2 304 BRIDGE ST Apt: Z3 City: VAIL ST: ZIP: Block #: 300 Common Name: RED LION D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002218 Unit: 207 2 001 Incident Report Case# 1 - 02- 002219 Unit: 207 9/08/04 HTE CAD PAGE 1 16:34:26 CAD CALL INFORMATION 022070377 Call Number: 022070377 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/26/02 23:19:38 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt- City ...... : VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last-.MORTON First:BILL Mid: See Caller: N Address...: HANSON RANCH RD Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 524374254 FARMER SHARON QPADEV0015 Dispatcher.: 559022975 HUMPHREYS CHARLES QPADEV0012 N A R R A T I V E NOISE LEVEL TOO LOUD, RP WANTS THEM TO SHUT WINDOWS AND 23:20:16 DOORS 23:20:16 207 IS OUT AT RED LION THIS IS WHERE THE NOISE IS COMING FROM RED LION SHUT THEIR DOORS - LOWERED THE MUSIC NOISE WAS FIRST REPORTED AT SANCTUARY - CHANGED TO RED L RP CALLING BACK STATING THE NOISE IS AT THE SANCTUARY AND IS LOUDER THAN BEFORE THE RP IS NOW WILLING TO SIGN RP STATES NEED TO SHUT THE WINDOWS 207 ADVISED - WILL HEAD BACK OUT IN A MINUTE VOLUME HAS BEEN ADJUSTED BELOW 60 HAVE RP STATE WHAT KIND OF NOISE *NONE Unit Status History Information 7/26/02 23:19:39 18 ROUTE CALL TIME RT 7/26/02 23:46:54 18 ROUTE CALL TIME RT 207 Unit Status History Information 7/26/02 23:21:38 7/26/02 23:21:38 7/26/02 23:21:53 7/26/02 23:26 :40 7/26/02 23:33:57 7/26/02 23 :48:57 7/26/02 23:48:57 7/26/02 23:59:17 7/27/02 0:02:10 7/27/02 0:37:20 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE O 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A U I T L O C A T I O N S 118609256 CASEY 23 :29 :18 23:29:25 23:33:47 23:47:26 23:47:38 23:47:54 23:48:01 23:48:22` 23:48:47 0:17:17 0:17:17 CF )/08/04 HTE CAD PAGE 1 x:34:14 CAD CALL INFORMATION 022020008 ----------------------------------------------------------------------------- Call Number: 022020008 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/21/02 0:19:46 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:WILLIAM Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: Phone #: Source: Call Taker.: 559022975 HUMPHREYS CHARLES QPADEV0011 Dispatcher.: 539847092 MITCHELL JENNIFER QPADEV0007 N A R R A T I V E COMPLAINING ABOUT NOISE ORDINANCE TURNED UP ALL THE WAY WILL BE COMPLAINING ALL THE TIME DOORS ARE OPEN DRUMS ARE REALLY LOUD NO CONTACT W /RP ADVISED 226 NOISE UNDER CITABLE LIMIT THEY ARE GOING TO CLOSE THE DOORS *NONE Unit Status History Information 7/21/02 0:19:46 18 ROUTE CALL TIME RT �-1 7/21/02 0:21:48 7/21/02 0:21:48 7/21/02 0:24:26 7/21/02 0:48:53 Unit Status History Information 4 DISPATCHED D 522356667 FERRI 11 ASSIGNED AS PRIMARY PR 6 ON SCENE 0 20 AVAILABLE A 0:20:10 0:20:16 0:20:22 0:20:27 0:20:35 0:20 :50 0 :20:58 0:48:43 0:48:50 D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002164 Unit: 226 9/08/04 HTE CAD PAGE 1 16:33:56 CAD CALL INFORMATION 022000402 Call Number: 022000402 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/19/02 23:25:37 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE > ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:CALLAIS Address...: CHRISTIANA City /State: Call Taker.: 610329919 BONTA Dispatcher.: 5080 GREY First:CASEY Phone #: 476 -5641 ERIC MICHELE N A R R A T I V E SOME PEOPLE OUT ON THE BALCONEY HAD SOME GUEST COMPLAIN THAT THEY THEY PARTIES ON THE BALCONEY ARE BEING VERY LOUD IN THE AREA PER 226 MEETING READINGS/ 3 SIDES/ DID NOT EXCEED LIMITS *NONE Unit Status History Information 7/19/02 23:25:38 18 ROUTE CALL TIME RT 226 Unit Status History Information 7/19/02 23:35:49 4 DISPATCHED D 7/19/02 23:35:49 11 ASSIGNED AS PRIMARY PR 7/19/02 23:35:49 26 ENROUTE TO SCENE E 7/19/02 23:49:00 6 ON SCENE 0 7/19/02 23:58:49 20 AVAILABLE A QPADEV0017 QPADEV0003 522356667 FERRI Mid: See Caller: N Apt: 108 Source: 23:25:46 23:27:40 23:28:12 23:49:06 23:53:09 23:58:40 D I S P O S I T I O N S 1 001 Incident Report Case# 1 - 02- 002156 Unit: 226 1/08/04 23:04:59 HTE CAD PAGE 1 :33:44 ----------------------------------------------------------------------------- CAD CALL INFORMATION 021870442 Call Number: 021870442 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/06/02 23:04:19 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location:..: 333 BRIDGE 4 DISPATCHED ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn. GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address.... Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 521179853 KEMPF JENNIFER QPADEV0002 Dispatcher.: 521179853 KEMPF JENNIFER QPADEV0002 D N A R R A T I V E KEEPS GETTING LOUDER EVERY HOUR WINDOWS ARE OPEN PER 223 THIS IS CROWD NOISE, HAS ASKED THE BOUNCERS-TO CLOSE A COUPLE OF CORNER WINDOWS *NONE 23:04:59 Unit Status History Information 7/06/02 23:04:20 18 ROUTE CALL TIME RT 207 23:10:40 Unit Status History Information 7/06/02 23:10:43 4 DISPATCHED AVAILABLE D 118609256 CASEY 7/06/02 23:10:43 6 ON SCENE O 7/06/02 23:13:08 20 AVAILABLE A 223 Unit Status History Information 7/06/02 23:04:59 4 DISPATCHED D I 522537529 CALL 7/06/02 23:04:59 11 ASSIGNED AS PRIMARY PR 7/06/02 23:05:08 26 ENROUTE TO SCENE E 7/06/02 23:10:40 6 ON SCENE 0 7/06/02 23 :13:08 20 AVAILABLE A D I S P O S I T I O N S 23:04:24 23:04:27 23:13 :00 23:13:00 CHRIS JENNI ' 1 009 No Report Case# 1 - 00- 000000'Unit: 223 3/08/04 23:44:23 HTE CAD PAGE 1 x:33:33 205 CAD CALL INFORMATION 021860485 Call Number: 021860485 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/05/02 23:44:23 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:WILLIAM Address...: 308 HANSON RANCH RD City /State: Phone #: 476 -6264 Call Taker.: 314965002 NIELSEN LISA Dispatcher.: 522432408 GRAY AMY N A R R A T I V E NOISE IS T0O LOUD AT SANCTUARY THEY NEED TO CLOSE WINDOWS AND TURN IT DOWN *NONE Unit Status History Information 7/05/02 23:44:23 18 ROUTE CALL TIME RT 205 20 Unit Status History Information 7/05/02 23:45 :59 4 DISPATCHED D 7/05/02 23:45:59 11 ASSIGNED AS PRIMARY PR 7/05/02 23:46:00 26 ENROUTE TO SCENE E 7/05/02 23:53:25 6 ON SCENE O 7/06/02 0:06:23 20 AVAILABLE A 223 7/05/02 23:46:47 7/05/02 23:46:49 7/06/02 0:01:25 7/06/02 0:06:23 Unit Status History Information 4 DISPATCHED D 26 ENROUTE TO SCENE E 6 ON SCENE 0 20 AVAILABLE A D I S P O S I T I O N S Mid: See Caller: N Apt: Source: QPADEV0008 QPADEV0010 8867 KNOX 522537529 CALL 23:45:21 23:45:34 MICHA JENNI 1 009 No Report Case# 1 - 00- 000000 Unit: 205 )/08/04 HTE CAD PAGE 1 :25:59 CAD CALL INFORMATION 021860019 Call Number: 021860019 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/05/02 0:34:40 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City....... VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: Phone #: 476 -6264 Source: Call Taker.: 559022975 HUMPHREYS CHARLES QPADEV0008 Dispatcher.: 7.192 COMROE REBECCA QPADEVOOOF N A R R A T I V E RP BELIEVES - WAY BEYOND THE NOISE LIMIT RP KNOWS THE DECIBEL LEVELS THEY HAVE WINDOWS OPEN GAVE TO EOC THEY WILL AIR TO THE VILLAGE 223 ENROUTE SHE IS TAKEN THE NOISE MEETER *NONE Unit Status History Information 7/05/02 0:34:41 18 ROUTE CALL TIME RT 223 Unit Status History Information 7/05/02 0:42:28 4 DISPATCHED D 522537529 CALL 7/05/02 0:42:28 11 ASSIGNED AS PRIMARY PR 7/05/02 0:42:30 6 ON SCENE O 7/05/02 0:42:33 20 AVAILABLE A ,1225 Unit Status History Information 7/05/02 0:39:31 4 DISPATCHED D 7/05/02 0:39:31 11 ASSIGNED AS PRIMARY PR 7/05/02 0:39:43 20 AVAILABLE A 3838 RUSSELL 0:35:09 0:35:39 0:35:44 0:39:38 0:42:26 JENNI JOSEP D I S P O S I T I O N S 1 009 'No Report Case# 1 - 00- 000000 Unit: 225 9/08/04 HTE CAD PAGE 1 16:25:46 CAD CALL INFORMATION 021850025 Call Number: 021850025 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/04/02 1:12:16 061 NOISE'COMPLAINT Police CmnN: SANCTUARY Agency...... 001 VAIL P.D. Location...: 333 BRIDGE j ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH AVAILABLE Caller Name: Last :MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: VAIL CO Phone #: 476 -6264 Source: Call Taker.: 521179853 KEMPF JENNIFER QPADEV0009 Dispatcher.: 3258 UHLRICH BETH QPADEV0003 N A R R A T I V E DO NOT CONTACT RP, JUST WANTS THE NOISE TO STOP 1:12:35 RP WANTS THE NOISE COMING OUT OF THE SANCTUARY 1:12:49 TO STOP, AND SAYS IF THIS DOESN'T STOP HE IS GOING TO CALL 1:13:07 THE MAYOR 1:13:07 RP SAID THEY NEEDED TO CLOSE THE DOORS AND WINDOWS 1:15:59 AND THAT THE DECIBEL LEVEL WAS WELL ABOVE REGULATION 1:16:06 208 DISREGARD WITH THE NOISE METER 1:22:49 MUSIC HAS BEEN TURNED OFF PER 216 1:22:49 ALREADY DID LAST CALL PER SGT 1:23:35 UNABLE TO GET A METER READING 1:23:35 *NONE Unit Status History Information 7/04/02 1:12:17 18 ROUTE CALL TIME RT 216 Unit Status History Information 7/04/02 1:15:12 4 DISPATCHED D 8809 DOUGLAS SUSAN 7/04/02 1:15:12 11 ASSIGNED AS PRIMARY PR 7/04/02 1:16:26 6 ON SCENE 0 7/04/02 1:23:40 20 AVAILABLE A A D D I T I O N A L CALL A D D R E S S E S 1 308 HANSON RANCH RD Apt: City: VAIL ST: ZIP: Block #: 300 Common Name: D I S P O S I T I O N S /08/04 HTE CAD PAGE 1 25-34---- M----- NM--- -_ - - -- - CAD - CALL M INFORMATION 021820373 --- -M - - -- --------- -------- Call Number: 021820373 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 7/01/02 23:15:16 061 NOISE COMPLAINT Police CmnN: SANCTUARY , Agency.......: 001 VAIL P.D. Location...: 133 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last:MORTON First:BILL Mid: See Caller: N Address...: 308 HANSON RANCH RD Apt: City /State: VAIL CO Phone #: 476 -6034 Source: Call Taker.: 522432408 GRAY AMY QPADEV0014 Dispatcher.: 522432408 GRAY AMY QPADEV0014 N A R R A T I V E THEY NEED TO CLOSE THE DOORS 216 WILL SWING BY 201 LOCATION AND THEN BE ENROUT 208 , THEY HAVE CLOSED DOORS AND WINDOWS IR TAKEN FOR DOCUMENTATION *NONE 7/01/02 23:15:16 208 7/01/02 23:21:54 7/01/02 23:21:54 7/01/02 23:21:57 7/01/02 23:28:41 7/01/02 23:33:37 i 216 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 26 ENROUTE TO SCENE E 6 ON SCENE O 20 AVAILABLE A Unit Status History Information 7/01/02 23:18:57 4 DISPATCHED D 7/01/02 23:18:57 11 ASSIGNED AS PRIMARY PR 7/01/02 23:19:11 26 ENROUTE TO SCENE E 7/01/02 23:19:51 20 AVAILABLE A 6640 BALDWIN 8809 DOUGLAS 23:16:17 23:19:38 23:19:38 23:33:20 23:33:33 SUSAN A D D I T I O N A L CALL A D D R E S S E S 9/08/04 HTE CAD PAGE 1' 16:25:23 CAD CALL INFORMATION 020790337 Call Number: 020790337 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 3/20/02 23:11:44 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:DEBBIE Mid: See Caller: N Address...: THE CHRISTIANA Apt: City /State: Phone #: Source: Call Taker.: 429556180 MELTON SUZANNE QPADEV0008 Dispatcher.: 479848360 HUXFORD SUSIE QPADEV0012 N A R R A T I V E GUESTS COMPLAINING OF BOOMING BASS FROM THERE 23:12:39 METER READINGS TAKEN _23:33:10 SPOKE WITH THE TAP ROOM MANAGEMENT 23:33:33 *NONE Unit Status History Information 3/20/02 23:11:45 18 ROUTE CALL TIME RT 207 Unit Status History Information 3/20/02 23:13:31 4 DISPATCHED D 3/20/02 23:13:31 11 ASSIGNED AS PRIMARY PR 3/20/02 23:13:35 26 ENROUTE TO SCENE E 3/20/02 23:23:57 6 ON SCENE 0 3/20/02 23:34:20 20 AVAILABLE A 118609256 CASEY CHRIS D I S P O S I T I O N S 1 001 Incident Report Case# 1 02- 001031 Unit: 207 3/08/04 HTE CAD PAGE 1 1:25:05 CAD CALL INFORMATION 020240366 Call Number: 020240366 Call Type.: 061 NOISE COMPLAINT Police Entry Day /Tm: 1/24/02 22:29:14 061 NOISE COMPLAINT Police CmnN: SANCTUARY Agency.......: 001 VAIL P.D. Location...: 333 BRIDGE ST Apt: City......: VAIL Block #: 300 Loc ID: C Mapr: 5VC Intersectn.: GORE CREEK HANSON RANCH Caller Name: Last: First:CASEY Mid: See Caller: N Address...: MGRS APARTMENT Apt: City /State: Phone #: 477 -0319 Source: Call Taker.: 521179853 KEMPF Dispatcher.: 521179853 KEMPF JENNIFER JENNIFER N A R R A T I V E GUEST FROM CHRISTIANA CALLING TO COMPLAINT ABOUT THE SPEAKERS OUTSIDE BEING ON PER 210 THE SPEAKERS ARE NOW OFF *NONE 1/24/02 22:29:14 210 1/24/02 22:39:50 1/24/02 22:39:50 1/24/02 22:44:05 1/24/02 22:46:44 1/24/02 22:47:10 1/24/02 22:47:10 1/24/02 22:47:13 Unit Status History Information 18 ROUTE CALL TIME RT Unit Status History Information 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 6 ON SCENE O 20 AVAILABLE A 4 DISPATCHED D 11 ASSIGNED AS PRIMARY PR 20 AVAILABLE A D I S P O S I T I O N S QPADEV0018 QPADEV0018 22:29:30 22:29:30 22:46:56 4318 MULSON KURT 1 009 No Report Case# 1 - 00- 000000 Unit: 210 m NN�4r r> 4 �K �4 >4 s,N>,N >4 >4 >, �-4 �4 �4 �4N�,�, as aaaaaaaaa aaaa aaa a m aaaad m =1 m aaaa�caaa� ° �oo :3 000❑oF.ocF, 000a�5000000 C uuuu_j8 uuuju_uuuuuuuuuuuuuuu mm mm ,] mmm000 caao mmmm a�w a.m maamo K o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �a�a�a�a��amamamammammaa mmmmmmmwu m w N W RNR Ry" W )amamaava N N N N N N N N N N N N N N N N N N N N N N N N N N N V1 m H N N r r m m m V� m p N N N N N N m m m a tD N E F O m N I11 I(1 T N O O T T N Nm Q v� m m N m v� o ri Il1 w m ri m ri N ri m m m m m o o ,-1 i-1 m N v F O O W O N m m N 0 0 0 m m O m m m O m O N N N N N m m m m O N N N N N N N N N N N N N N N N N 5 N E S, E a N F W W W W W W W W W W W W W W W W W W W W W W W W W W ,Z, O i.7 W N N N V1 N N N N N N N N N N N NNN N N N N N N V1 V1 U a N H Z x Z 2 Z Z Z Z 2 Z 2 Z 2 Z 2 2 Z Z z z Z z z Z 2 Z E O U h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W ao ui vi in 01N in iu �omrrNin inemiu iomNr N W N N O O O O O O N N N N N N N N O N N N N 0 0 0 N O O rZ N m r r r r r r r r r r r r r r m m m m m r r r r m 2 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 yl L 1J L 1J L L 1.1 y.1 L L L L L L L L H N N H 4 W 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 o aaa aaaaaa aaaaaaaaa a za x zzaauz 991% zzu •', 41 1J 1J L L L 1J 1J JJ N L I L w N N 4 L L 41 L 11 W •.+ m o C C C o 0 0 0 C C C C C C O C C C C C C C C. 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M1 6 rl M O a A N N M h n Q1 J b N .y m! N 111 f Fl a R Dt nn 4>t.lwe0let1 nT nv -- -- Fl n wlnOn ne nO m n U 'J -- ---- 0 0 0 G O 0 0 0 P o a O O O O O h YI n N . ID 01 A q M O J T I.I a T m T N n V1 Q• m V �o vl to M b b b .-1 N w1 b t O lil to C F � � O D F U � "Attachment: ;E � c y .aomz m F q8 F J E8 fog u O W U D R n b � +C n m IV ` amp � C rQ F� ,cam m w cx \ d V3 ° w ° a °° z O Ba inn O H m H m o ff H H �7 M CI r'I g b g �mr. m n m O n S ^ 2 a� aoa m — �� m5o�2 F� H as H C Q U mvuor u 6 AF EXHIBIT J 'Maass, Brian Mndffied: Wed 1115103-6:46 PM 1/14/03 John Everly General Manager Christiana at Vail 356 East Hanson Ranch Road Vail, Co. 81657 bear Mr. Everly- Thanks for taking the time to read my letter, I hope it is of some benefit to you and the Christianc. A couple of winter seasons ago, me and my wife rented a unit at the Bridge Street Lodge Through the Christiana, It was very nice and we had a terrific weekend. 6o when we were headed to Vail again last weekend(January 10th and 11th) we contacted the Christiana, I believe I may have called on Thursday, January 9th. I spoke to two different reservations people during the ofternoon/evening. Unfortunately I don't remember their names, but I think one may have been Christine. Whomever I spoke to told us they had one room left at the Christiana, a garden view at a reasonable price. I specifically asked questions about the view and whether it was noisy, as I am a very light sleeper. The reservations person also mentioned a unit available at the Bridge Street Lodge( #301). There were rooms available at other ploces(Marriott etc.) and for less money. But after talking it over with my _wife, we called back and got a different reservations person. We took the Bridge Street room due to our previous good experience there. No one mentioned anything about any noise problems in the building. Mr. Everly, #304 was a perfectly lovely studio. However neither one of your reservations people mentioned to us that (here was a new disco in the same building- I believe it is called The Tap Room. The hideously loud music began both Friday and Saturday evenings. continuing until approximately Ra.m. The thumping. vibrations and revelers were unbearable and kept us awake all night, both nights. Saturday night my wife, Erica, actually retreated to the bathroom and slept on the floor , to oet away from the noise. Thats how bad it war, I believe unit #344 may be.the unit in the building closest to the disco, When we checked out Sunday morning, sleepless and grouchy, the young lady at the Christiana desk was sympathetic and understanding. She told us The Top Room had recently, and that Christiana reservations people ore acutely aware of the issue. In fact, she said they are supposed to tell prospective guests about this noise issue, We had been told nothing, and thats not right, nor fair. We're disappointed that your people made no mention of the new disco and the noise. If they had, we would have either stayed at the Christiana, or made other arrangements. Obviously, we won't stay at the Bridge Street Lodge again, and we will .advise - friends going to Vail o; the problems we encountered, and where they should not stay. I hope that as a matter of good businss you make it a rule To have your employees disclose this issue To prospective Bridge 51reet Lodge gusts in the future. Anything less would be misleading and deceptive. mutes Se S Date: % r • -- 1. Do you feel making your reservation was easy? N 2. Did you have any problems finding the Christiania? Y (3 3. Do you feel that checking in at the Front desk was easy? N 4. Was the front desk agent helpful? '5 N 6, What is your unit number? , 6. Are you satisfied with your unit? if no, please explain, N 7. Please rate your unit, "A"- "F" ( "A" being the best). B. Please rate the housekeeping .service. 0 K 9. Please rate the overall service of the Lodge. 10. Does any member of our staff stand out? Please state their name and why_ 11. Would you stay in this particular unit again? Y 12, Would you stay at another unit owned or managed by the Christiania ?O N 13, Do you have any further comments, complaints or suggestions? c'r A, J a Cn r e �.✓ . y ✓�.� 4 �- - J r OLj •Z A it ✓ J_ S i -•-nit °�` c Ls,4�: .ti. ' i •.x� s L/to s Tl�� w' Thank you and enjoy your stayH! CL 7�f / IL -7 7 4� r 1. Do you feel making your reservation was easy? G N 2. Did you have any problems finding the Christiania? ( � Y N - 3. Do you fee! that checking in at the Front desk was easy? N r. 4. Was the front desk agent helpful? �Y N� i �r.� 5. What is your unit number? 6. Are you satisfied with your unit? if no, please explain. Y N 7. Please rate your unit, "A"- "F" ( "A" being the best). 8. Please rate the housekeeping service. �1 9. Please rate the overall service of the Lodge_ 10. Does any member of our staff stand out? Please state their, name and why. � 11. Would you stay in this particular unit again? Y 12. Would you stay at another unit owned or managed by the Christiania N Cam 13. Do you have any further comments, complaints or suggestions? ?hank you and enjoy your sMylil 0 i _ / s V 1� jcc '6't- /V '3f',�TM V 1� jcc '6't- /V Lc Viz' ��-�,� �j ��u� , -r ��-��� ��,��,�,�� � ,� � t' � �, ; (C-7 7 ^ �� �" 214 7 J� A y r L'�. -G�. .LPL / , - � Cr/ti }'?.L�� Ci�t��•�� G) .L� -�-� -� Cx.- ,TZ�'2. I'j -i,t 4 L1,,cJ•f��= G�, % -�'�z,r � G�4i • _ � . } CAL. --� ` � C� .� %•-� uuest ervices SunLey Date: 1. Do you feel making your reservation was easy? 2. Did you have any problems finding the Ghristiania7 3. Do you feel that checking in at the Front desk was easy? 4. Was the from desk agent helpful? 6. What is your unr number? 6. ;rc "CL,. satis;;ed •-' til your unit% if no, please explain. CY) N Y 'HD C Y N Z N '` J N 7. Please rate your unit, "A "- "F" ( "A" being the best), 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. 1 D. Does any member of our staff stand out? Please state th it Warne and why. U 11. Would you stay in this particular unit again? Y) N 12. Would you stay at another unit owned or managed by the Christiania N 13. Do you have any further comments, complaints or suggestions? J o V #0)1 l fi Hlq v r-p 1jf ') 1)crp, }��Iti�C 1�LyP '77 T �� (lle r(;!) 614 5, ti` Z y lth Cj /ll b) (- 8 6 p D tt LF 71# L O Li,[) r jib - rl 1f D Pf c, t4 �j ; �RUr`'t TtIE. �'u�c.�IF =6 ,V��; Does YEFT LIS t�'�AKE c/��i�� ffC�'IcsT 2 �l �. frJ Cff� 17 rOWAI f? � f -r.ALC �'o�i�.u��:r!� !� uPS%�'� NrW X02(C LOO 1yA�' Na i.t� OF -D l Al AND A OP�1� , " � ti14' , LAUD - 7 - o 6ovrRA/ -- /7f /S TY o,7 CT/P 7 y / l,Ua:rL you FE(//�JJ '�f�.S 4 r �� N 6 � 1 Z���rr 6o1,�p /✓'EET //'JL . Trl yo U S/u- le ! /S L lb� �4"f c App -m ca q-1,« Lv,..6, 6o cl Lcz DL4" 0 L Cv C: L U-2d C L 44t A,' N Date 'R - I Do you feel making your reservation was easy? 0 N 2. Did you hav=- any problems finding the Christiania? Y (I) 3. Do you feel that checking in at the Front desk was easy? C' 1 J 4. Was the front desk agent helpful? N 5. What is your un� number? 6. Are ycuu satisfied �vfth your unit? If no, please explain. Y 7. Please rzte your unit, .A"- T" ("A" being the best). 8. Please rate lt, ho service. 9. PJE;2Se: T%"Le fDvaiaafl service of tine Lodge r 4 1 0. Does an — member of Our Staff stand out.? Please slate their name End why, 1� 1. Would you stay in this particular unit again? Y 12. Would you stay at another unit -owned or managed by the Christiania? 13. Do you have any further comments, complaints or suggestions? Thank you and enjoy your stayfl!. r 1 411 �i. D��q: - i i . __ . _._ _ .._ . _ .�vLc� �� . L� a� ..L!✓�� -. � -mac•-• �''�- - -- . __ ;�;�, ��- %rte 2� ../"��� .�n-Z �• i /y'/ People.oFthe.$ook Cartel I 1 _1572 S. AD-AXS -D +NVEF, C() 80210 1. :D ou feel making your reservation as`8asy? '> Y 2. Did you have any problems finding he Christiania? t r V 4-, I )C- 3. Do you reel that checking in at the Front desk w s easy? 4. Was the front desk agent helpful? Y h S _ V-� 5. What is your unit number? -3 3 7. Please rate your unit, "A "- 7" ( "A" being the best). >� 8. Please mate the hCusakeeplrjg sa vice Ve* 9. Please rate the overall service of the Lodge. 10, Does any member of our staff t n out? P`e�se state their name and why. A- UVV 11. Would you stay in this particular unit. again? Y N 12. Would you stay ai another -unit owned or managed by the Christiania? ON 13. Do you have any further comments, complaints or suggesiions? �r in< �l 1'Y1.J LvVy6; C/i2 -c Y1�Q �-� y11�t.y �, '�l�y� -. 8 ►�L'Cr - T YSr�& 4V 14e-4 p � p �/ lf/ f7 � . �G1 l � Y �� C LL V � � 1'l'lj l �r+ • V "'L � � h�� _''_] �/L Thank you and enjoy your st y!!1 i � ZG�' �, .yr ✓1 c G��c Lr Pte,'` y o 01 1 IT'A Persona)•Spiritual Empor uminit To the Town of Vail \> SeptCffDc; 1. Dix Winston, III My name is Dix Winston, I have been coming to Vail for business and pleasure for over la Fre`tden! years. You have a wonderful town, as well as a world class ski area_ The lodgings and restaurants are unsurpassed in excellencies and delicacies. RD,11tD OF DIRECTORS But it is with greaL regret that I will now leave to start considering other mountain venues for jim Larlr both business and pleasure. r. N4% For the past six years my family has spcntLabor Day Weekend in Vail. IL is a yearly highlight eagerly anticipated by us all. Also for the past six years I have conducted a men's retrMat averaging 30- u ,ow.. tm+.un.m iecunn 40 men on the weekend following Labor Day_ It has been our Great pleasure to sray at the Chrisriaaa Dclobn nvarrm rl,,.M, Lodge for both weekends. The Christiana is such a spcciel place, quaint and "non- chaniney ", and up until the last two years it has been quiet and restful. Dne of the thins my wife and I looked forward to mph ror+nvr Mika" • 4 Han each year is opening th window and being lulled t o sleep by the soothing sounds of the creel. beb,ind A ,,, ri, ffrr the Christiana. Panrr r�nQ..zw ` be past two years have not been as enjoyable or w restful due t o the non stop evening noist nDAU OF REFERE \CP f rom the Tap Room. Over Labor Day, even with the windc,ws closed, my wife had difficulty findine sleep. The booming bass, drunl.en howlers and crass cacophony went on well past midnight_ The Cnerrt IhIL• Commntin CA�,rh Man weekend of the 7 -9 was no different. It was only with a fan running in the room, windows xmkHra.r—a closed, and ear plugs firmly in pla that I was able to sleep, CKL Tnut' I was not the only one .disturbed by the aforementioned establishment. Many of the men Jtc- rrtr reported difFculry sleeping due to the dissonant din from the Tap Room. L0.\ Waal This situation needs to be addressed. Their freedom to disturb should stop at my freed= to x ar.wrrsraklt 3tmmrk Ulf,C44r4+ sleep undisturbed. I would like to continue bring k my family and my business associates io Vail. But not if >r.. Trrrr )(el ioa Gm„,.w�r „mmamn uurr•n tliis noxious n01CG rontinueS unabaEcd. Sincerely YoU375, I. Dix Winston. III president IMRACT! • i iys UTC SL ire 901) • H:nJrnuud, CU • Sol 11 - 303-7 - ,U-MIS - fz: ;iO3:7 1,9z. 0 • h.•? 4 Coimpaut CO) ioLCO11 v 07f 7 ICAL4-rte I OU, �_zo�� �co �7? r U <J -4 WaIr A 'k?j, L41u�� L Z N, Al",�.") �-dp� D C4. �� lz<j� '4� -r� -4 WaIr A 'k?j, L41u�� L Z N, Al",�.") �-dp� D C4. Glues .:: C� i. Do you ;aal �;�aking your reservation was easy? N 2. Did you have- any problems finding tha Christiania? N 3. Do you the checking in st the Front desk. Was aasy? N 4• Was t' e 7rorii d esk agent heip7ul? Y N 7. Wn_t is your unit number? / per 6. Are you sans led with your unit? If - no, please eXpialrt. � N r A - F n (n being the besfi;. B. Please rate "the hc Service. 9. Please rase t ovarall service of the L.odce. 10. DDes any of our stagy stand out? Please sate hreir naRc Sand Why. 1 1. Vvould you stay in this particular unit again? N 12. Would you sta at ano her unit Owned or managed by the Christi_n ;�` N 13, Do you have a 6� / fu, Cher corn � S `V,�� z ou� Thank you and enjoy your st nt��mpiain�.s or SUOa�stior,5? it r}s� i�J•�~ � li.../ � �rO �/� Attacment'F Il i z z ��-----_--_' _ ---_-_---_�--__~--_---_--' ' � ___ � ___ _ EXHIBIT I tf4t I�j{ h r rs• .. III i, 9 , -^='s: �9Y�" N'a^k•�.: wy � n..�a ��'"i' _. - _ ,.t+�ixY'�a �' � ys ` 'i >_ :n .,, :,�LCdf� .. -,... "°.."...f � ` •ss�SWi' _� g :: h �� ��...7�_*"".ew: -'°" �"'� ,. � ..� . Yl -- •- L���` -�+'9s ._ _. r?�` �..+� .. _ �- _.. zr.. _ '.�'ct4�t'x 3�S_:.. ��_ .1�, r 9 , -^='s: �9Y�" N'a^k•�.: wy � n..�a ��'"i' _. - _ ,.t+�ixY'�a �' � ys ` 'i >_ :n .,, :,�LCdf� .. -,... "°.."...f � ` •ss�SWi' _� g :: h �� ��...7�_*"".ew: -'°" �"'� ,. � ..� . Yl -- •- L���` -�+'9s ._ _. r?�` �..+� .. _ �- _.. zr.. _ '.�'ct4�t'x 3�S_:.. ��_ .1�, I, , affiant herein, being first duly sworn, state that I have read the foregoing Affidavit and find it true and correct to the best of my knowledge and belief. Dated the _ day of 2004. TIMOTHY HALL CANNON Subscribed and sworn to before me this _ day of , 2004 by [Seal] My Commission Expires: Notary Public Affidavit of Timothy Hall Cannon page 2 of 2 AFFIDAVIT OF TIMOTHY HALL CANNON STATE OF) COUNTY OF ss. I, Timothy Hall Cannon, Affiant herein, being first duly sworn, depose and state as follows: 1. I, Timothy Hall Cannon, am the record owner of Condominium Unit 401, 287 Hanson Ranch Road, Vail, Colorado and have personal knowledge of the facts stated herein. I submit,this Affidavit in support of the objection by the Bridge Street Lodge Residential Owners Association ( "Association ") to the Conditional Use Permit for the addition to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. This Affidavit will also serve as my personal objection as a property owner. 2. On July 29, 2004 Remonov & Company, Inc. (the "Applicant "), represented by Knight Planning Services, Inc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Balm Building)/Lot C, Block 2, Vail Village Filing 1 ( "Conditional Use Permit "). On September 13, 2004 at 2:00 p.m., the Town of Vail Planning and Environmental Commission will consider a request for final review of the Conditional Use Permit, pursuant to Section 12 -7B -4, Permitted and Conditional Uses; Second Floor, Vail Town Code. 3. I am the record owner of real property adjacent to the property which is the subject of the Conditional Use Permit and I am a member of the Association. My property is used exclusively for residential uses. I strongly object to the application for Conditional Use Permit and request that the Town of Vail Planning and Environmental Commission deny the application. 4. My objection is largely based on, but not Iimited to, ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to excessive noise from the Tap Room/Sanctuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue,. and Iikely increase, the excessive noise and noise ordinance violations at the Tap Room/Sanctuary, The excessive noise impairs my ability to use my property both for personal use and for rental to guests of Vail. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there any proposed conditions to the use. 5. The proposed deck would have the effect of turning the residential mountain setting into a commercial setting. The addition of the deck would severely detract from the sense of serenity that the Bridge Street Lodge offers. SIGNATURE AND NOTARIZATION FOLLOW ON SEPARATE PAGE Affidavit of Timothy Hall Cannon page 1 of 2 EXHIBIT H Tom List From: Matt Mire (MMire @vailgov.com] Sent: Monday, March 01, 2004 9:39 AM To: cgreenhouse @msgll.com Cc: David Rhoades; \ George Ruther; Mary Ann Best; Steve Subject: Noise Charlie, Sorry it took a while to get back with you, but I was out of the country for some time and upon my return things were a little crazy around here. I can confirm that we had a meeting with Mr. Kaufman from the Tap Room with regard to the alleged noise violations. Based upon the complaints of noise, Mr. Kaufman has taken several measures, including but not limited to: 1) moving speakers away from the wall adjacent to residential units; 2) removing the sub - woofer from the ground and away from the wall adjacent to residential areas and placing it on an elevated device which is designed to reduce the reverberating bass tones; 3) rendering all upstairs windows inoperable, so that they can not be opened by bar patrons at night; 4) placing his sound system on a timer, so that outside speakers automatically shut off at a given time; 5) and hiring his own audiomitrist to provide consult. With regard to the PEC meeting, it has not yet been placed on the agenda. Based upon my discussions with the Chief of Planning, George Ruther, I believe it will be placed on a PEC meeting in April. The nature of the agenda item and what will be proposed can be provided to you prior to that meeting. Once that agenda request is made formal. I will you provide you with all of the accompanying material. Finally, if you would Like to discuss further the Town Police Department's response to noise in the village or at the tap room, you can contact Commander Steve Wright, (479- 3433). My understanding is that he has some background on these issues. Thank you for your continued cooperation and I will let you know the details on the PEC once I know them myself. Matt J. Matthew Mire Town Attorney Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Ph. 970. 479 -2107 Fx. 970.479 -2157 TD Lire @ vail oq v com CONFIDENTIALITY NOTICE This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. if you are not the intended recipient of this e -mail, you are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited. If you have received this e -mail in error, please notify me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. 3/3/2004 EXHIBIT G affiant herein, being first duly sworn, state that I have read the foregoing Affidavit and find it true and correct to the best of my knowledge and belief. Dated the �— day of , 2004. R. HOWARD CANNON Subscribed and sworn to before me this _ day of , 2004 by [Sea]] My Commission Expires: Notary Public Affidavit of R. Howard Cannon page 2 of 2 AFFIDAVIT OF R. HOWARD CANNON STATE OF COUNTY OF ss. I, R. Howard Cannon, affiant herein, being first duly sworn,. depose and state as follows: 1. I, R. Howard Cannon, am the record owner of Condominium Unit 402, 287 Hanson Ranch Road, Vail, Colorado and have personal knowledge of the facts stated herein. I submit this Affidavit in support of the objection by the Bridge Street Lodge Residential Owners Association ( "Association ") to the Conditional Use Permit for the addition to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. This Affidavit will also serve as my personal objection as a property owner. 2. On July 29, 2004 Remonov & Company, Inc. (the "Applicant "), represented by Knight Planning Services, Inc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing'1 ( "Conditional Use Permit "). On September 13, 2004 at 2:00 p.m., the Town of Vail Planning and Environmental Commission will consider a request for final review of the Conditional Use Permit, pursuant to Section 12 -7B -4, Permitted and Conditional Uses; Second Floor, Vail Town Code. 3. I am the record owner of real property adjacent to the property which is the subject of the Conditional Use Permit and I am a member of the Association. My property is used exclusively for residential uses. I strongly object to the application for Conditional Use Permit and request that the Town of Vail Planning and Environmental Commission deny the application. _ 4. My objection is largely based on, but not limited to, ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to excessive noise from the Tap Room /Sanctuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue, and likely increase, the excessive noise and noise ordinance violations at the Tap Room/Sanctuary. The excessive noise impairs my ability to use my property both for personal use and for rental to guests of Vail. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there any proposed conditions to the use. 5. The proposed deck would have the effect of turning the residential mountain setting into a commercial setting. The addition of the deck would severely detract from the sense of serenity that the Bridge Street Lodge offers. SIGNATURE AND NOTARIZATION FOLLOW ON SEPARATE PAGE Affidavit of R. Howard Cannon page 1 of 2 I, , affiant herein, being first duly sworn, state that I have read the foregoing Affidavit and find it true and correct to the best of my knowledge and belief. Dated the ____ day of ' 2004, GEORGILLC Name: Title: Subscribed and sworn to before me this , day of , 2004 by [Seal] My Commission Expires: Notary Public Affidavit of Georgi LLC page 2 of 2 AFFIDAVIT OF GEORGI LLC STATE OF ) ss. COUNTY OF 1 I , Affiant herein, being first duly sworn, depose and state as follows: am the of Georgi LLC (the "Company "), the record owner of Condominium Unit 306, 287 Hanson Ranch Road, Vail, Colorado and have personal knowledge of the facts stated herein. I submit this Affidavit in support of the objection by the Bridge Street Lodge Residential Owners Association ( "Association ") to the Conditional Use Permit for the addition to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. This Affidavit will also serve as the personal objection of the Company as a property owner. 2. On July 29, 2004 Remonov & Company, Inc. (the "Applicant "), represented by Knight Planning Services, Inc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building /Lot C, Block 2, Vail Village Filing l ( "Conditional Use Permit "). On September 13, 2004 at 2:00 p.m., the Town of Vail Planning and Environmental Commission will consider a request for final review of the Conditional Use Permit, pursuant to Section 12 -7B -4, Permitted and Conditional Uses; Second Floor, Vail Town Code. 3. The Company is the record owner of real property adjacent to the property which is the subject of the Conditional Use Permit and is a member of the Association. The Company's property is used exclusively for residential uses. The Company strongly objects to the application for Conditional Use_ Permit and requests that the Town of Vail Planning and Environmental Commission deny the application. 4. The Company's objection is largely based on, but not limited to, ongoing noise issues at the Tap Roorr/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to excessive noise from the Tap Room/Sanctuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue, and likely increase, the excessive noise and noise ordinance violations at the Tap Room/Sanctuary. The excessive noise impairs the Company's ability to use its property for guests of the Company, individuals associated with the Company and for rental to guests of Vail. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there any proposed conditions to the use. 5. The proposed deck would have the effect of turning the residential mountain setting into a commercial setting. The addition of the deck would severely detract from the sense of serenity that the Bridge Street Lodge offers. SIGNATURE AND NOTARIZATION FOLLOW ON SEPARATE PAGE Affidavit of Georgi LLC page l of 2 affiant herein, being first duly sworn, state that I have read the foregoing Affidavit and find it true and correct to the best of my knowledge and belief. Dated the _day of 1 2004. BRIDGE STREET INVESTMENTS LLC Name: Title: Subscribed and sworn to before me this _ day of , 2 by [Seal] My Commission Expires: Notary Public Affidavit of Bridge Street Investments LLC page 2 of AFFIDAVIT OF BRIDGE STREET INVESTMENTS LLC STATE OF ) \ i ss. COUNTY OF I, , Affiant herein, being first duly sworn, depose and state as follows: 1. • I, , am the of Bridge Street Investments LLC (the "Company "), the record owner of Condominium Units S -10 and 501, 287 Hanson Ranch Road, Vail, Colorado and have personal knowledge of the facts stated herein. I submit this Affidavit in support of the objection by the Bridge Street Lodge Residential Owners Association ( "Association ") to the Conditional Use Permit for the addition to the deck on the Vista Balm Building, located at 333 Hanson Ranch Road. This Affidavit will also serve as the personal objection of the Company as a property owner. 2. On July 29, 2004 Remonov & Company, Inc. (the "Applicant "), represented by Knight Planning Services, Inc., submitted an application for a Conditional Use Permit to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1 ( "Conditional Use Permit "). On September 13, 2004 at 2:00 p.m., the Town of Vail Planning and Environmental Commission will consider a request for final review of the Conditional Use Permit, pursuant to Section 12 -7B -4, Permitted and Conditional Uses; Second Floor, Vail Town Code. 3. The Company is the record owner of real property adjacent to the property which is the subject of the Conditional Use Permit and is a member of the Association. The Company's property is used exclusively for residential uses. The Company strongly objects to the application for Conditional Use Permit and requests that the Town'of Vail Planning and Environmental Commission deny the application. 4. The Company's objection is largely based on, but not limited to, ongoing noise issues at the Tap Room/Sanctuary, the bar and restaurant located at 333 Hanson Ranch Road. Over the past few years there have been numerous complaints related to excessive noise from the Tap Room/Sanctuary and documented violations of the applicable noise ordinances of Vail. The requested outdoor patio will serve to continue, and likely increase, the excessive noise and noise ordinance violations at the Tap Room/Sanctuary. The excessive noise impairs the Company's ability to use its property for guests of the Company, individuals associated with the Company and for rental to guests of Vail. The Applicant has failed to provide any proof that such excessive noise will not exist after construction and use of the proposed deck nor are there any proposed conditions to the use. 5. The proposed deck would have the effect of turning the residential mountain setting into a commercial setting. The addition of the deck would severely detract from the sense of serenity that the Bridge Street Lodge offers. SIGNATURE AND NOTARIZATION FOLLOW ON SEPARATE PAGE Affidavit of Bridge Street Investments LLC page ] of 2 f J Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 13, 2004 SUBJECT: A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 713-413, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1s' Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson t. SUMMARY The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit, to allow for an outdoor dining deck at the Vista Bahn Building, located at 333 Hanson Ranch Road. A similar conditional use permit proposal was approved by the Planning and Environmental Commission on July 10, 2000; however, this previous approval has since lapsed and become void. The applicant is now re- applying for a conditional use permit. Based upon staffs review of the criteria in Section VIII of this memorandum, the evidence and testimony presented, and the Town's previous approval of this proposal, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit, subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST Pursuant to Section 12 -713-4, Vail Town Code, the applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit to allow for an outdoor dining deck at 333 Hanson Ranch Road. This proposal will involve 655 sq. ft. expansion of the Tap Room's existing, second -floor deck located on the south side of the Vista Bahn Building. Copies of the applicant's request and the associated architectural drawings have been attached for reference (see Attachment B and C). III. BACKGROUND On July 10, 2000, the Planning and Environmental Commission approved a similar conditional use permit proposal, pursuant to Section 12 -713-4, Vail Town Code. Since construction of the previously approved outdoor dining deck was not commenced within two years of the conditional use permit approval; the Planning and Environmental Commission's July 10, 2000, conditional use permit approval has lapsed and become void. 1 This current request was originally reviewed by the Planning and Environmental Commission and the Design Review Board in the spring of 2003. At that time concerns were expressed about the configuration of the proposed deck and its encroachments onto Town of Vail property. The applicant has since revised the design of the deck to a more simple geometric shape and has eliminated all encroachments onto Town of Vail property. Additionally, during the 2003 review of this proposal several adjacent property owners had expressed concerns about noise from the proposed deck and both the existing Tap Room and Sanctuary nightclub. Many of these adjacent property owners still have concerns about the existing level of noise generated from this site and any additional noise which may be created by the proposed outdoor dining deck. The Design Review Board is tentatively scheduled to review this application at its September 15, 2004, public hearing. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /approval with conditions /denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Councilor by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 2 W Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) Article 12 -713: Commercial Core 1 (CC1) District 12 -7B -1: PURPOSE. The Commercial Core 1 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 Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -7B -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops. Theaters. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 12 -7B -8: CONDITIONAL USES; FACTORS APPLICABLE: In considering, in accordance with chapter 16 of this title, an application for a conditional use permit within commercial core 1 district, the following development factors shall be applicable: 3 0 1 . 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. 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. 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. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. Chapter 12 -14: SUPPLEMENTAL REGULATIONS 12- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. B. Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated with appropriate covering. Chapter 12 -16: CONDITIONAL USE PERMITS 12 -16 -1: PURPOSE, LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain 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 with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or 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 permit shall lapse and become void if a building permit is not obtained and construction not 0 4 t y� commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Vail Village Master Plan The Vail Village Master Plan includes the following goals and objectives that staff believes are applicable to this proposal: VI. 2.1 2.5 2.3 3.3.2 SITE ANALYSIS Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. Zoning: Land Use Plan Designation Current Land Use: Development Standard Lot Area: Setbacks: Building Front: Building Sides: Building Rear: Rear Deck (south): Stream: Building Height: Density: GRFA: Site Coverage: Landscape Area Commercial Core 1 District Village Master Plan Mixed Use Allowed /Required Existin Proposed 5,000 sq. ft. 4,646 sq. ft. no change Per Vail Village 0 ft. no change Urban Design 0 ft. 12 ft. no change Guidelines 22.5 ft. no change 21.5 ft. 1 ft. 30 ft. 19 ft. no change 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change 25 units /acre 1 units no change 3,716.8 sq. ft. 3,507 sq. ft. no change 3,716.8 sq. ft. 3,949 sq. ft. Per the Vail Village 314.6 sq. ft. Urban Design Guidelines no change no change 5 a Parking: 15.7 spaces 0 spaces no change VII. SURROUNDING LAND USES AND ZONING VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. 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. Staff does not believe this proposal will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Bahn Building (which provides access between Hanson Ranch Road and the bike path) provided appropriate lighting and design treatments are used to create a well lit and inviting pedestrian corridor. 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 does not believe this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement located along the east and south side of the Vista Bahn Building (which provides access between Hanson Ranch Road and the bike path) provided appropriate lighting and design treatments are used to create a well lit and inviting pedestrian corridor. N Land Use Zonin North: Mixed Use Commercial Core 1 District South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 (Commercial Core 1 District) VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. 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. Staff does not believe this proposal will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Bahn Building (which provides access between Hanson Ranch Road and the bike path) provided appropriate lighting and design treatments are used to create a well lit and inviting pedestrian corridor. 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 does not believe this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement located along the east and south side of the Vista Bahn Building (which provides access between Hanson Ranch Road and the bike path) provided appropriate lighting and design treatments are used to create a well lit and inviting pedestrian corridor. N 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 believes that the proposed use of an outdoor dining deck has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. Staff recognizes that this site has a commercial zoning, however, there are residential uses adjacent to the proposed outdoor dining deck. The proposed deck has been designed with a nearly eight foot setback from the Bridge Street Lodge Building to address the requirements of Section 12- 14 -14, Vail Town Code, as referenced in Section V of this memorandum. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. Pursuant to Section 12 -7B -8, in considering an application for a conditional use permit within Commercial Core 1 district, the following development factors shall be applicable: Consideration of Factors Regarding the Conditi Use Permit in the Commercial Core 1 (CC1) district A. Effects of vehicular traffic on Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. B. Reduction of vehicular traffic in Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. C. Reduction of nonessential off street parking. The Town of Vail zoning regulations do not required any additional parking to accommodate this proposed outdoor dining deck. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. D. Control of delivery, pickup, and service vehicles. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. E. Development of public spaces for use by pedestrians. 7 Staff believes that the proposed design of the outdoor dining deck will have a negative effect upon the light; air; and pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. Again staff believes that an outdoor dining deck use is an appropriate use on this site. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more appropriately accommodate public pedestrian spaces. 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. Staff believes that this similar in nature to other outdoor dining decks in the Commercial Core 1 district and maintains the existing rnixed -use character of the district. 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. Staff believes that an outdoor dining deck located on the south side of the Vista Bahn Building is consistent with the character of the Commercial Core 1 district; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that there are other design alternatives which more closely adhere to these criteria. The proposed deck design will cover a significant portion of a pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. The Design Review Board has also noted specific concerns about the applicant's proposal to remove two existing, mature evergreen trees to accommodate the proposed dining deck. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on odor, dust, smoke, and other factors on the environment. However, staff believes that the improper use of the proposed outdoor dining deck may have negative effects of noise on the environment of the Commercial Core 1 district. The applicant must comply with all Town of Vail noise regulations. W 't { The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 7B-4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 (CC1) 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 9 r 2. The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end no later than 10:00 PM daily. 3. Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 4. The use of the outdoor dining deck shall comply with the provisions of Section 5- 1-7 (Noise Prohibited), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 5. Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 6. Any signage associated with or displayed upon the outdoor dining deck shall comply with the provisions of Title 11(Sign Regulations), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. X. ATTACHMENTS A. Vicinity Map B. Applicant's request and architectural plans C. Public Hearing Notice 10 Manning services, inc. now testa Bahn Building Conditional Use Permit Deck Addition Planning & Environmental Commission t Attachment: B box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps @vail.net Vista Bahn Building Conditional Use Permit Table of Contents Cover Letter II. Application III. Vicinity and GIS Maps IV. Introduction of Project V. Submittal Requirements List of Exhibits: Exhibit A: Adjacent Property Owners & Tax Map Exhibit B: Disclosure of Ownership Exhibit C: Letter of Authorization Exhibit D: Alta Land Survey Exhibit E: Flood Plain & Topographic Maps Exhibit F: Easement Agreement Exhibit G: Photos of Site Exhibit H: Site Plan Exhibit I: Architectural Elevations and Floor Plans Exhibit J:' Site Plans with Modifications Mr. Bill Gibson, Planner Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re: Conditional Use Permit / Vista Bahn Building Dear Bill, Please find enclosed a Conditional Use Permit for the addition to the deck on the Vista Bahn Building, located at 333 Hanson Ranch Road. As you know, we previously withdrew this application until such time that several outstanding issues could be addressed in a cohesive manner. As with the past applications on this proposed improvement to 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 and a $300.00 check to cover the Desi Review Fees. 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. Best rega ,ds, r Z night l K t Planning Services, Inc. Enclosures cc: Rick Mueller file box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 kps @vail.net - Vicinity Map vail m t Intelwate 70 Fronta a Road Town of Vail C Site North No Scale Hanson Ranch Road Subiect Site Vicinit�Map PY U lo ter IAW � R - - ki : N%Rt � i R ou ij r, y Z Eagle County Map Output Page Page 1 of 1 http: / /gisweb.eagl ecounty.us /servl et/com. esri.esrimap.Esrimap? ServiceName =ecgi s&Clien... 5/18/2004 Vista Bahn Building Conditional Use Permit Deck Expansion IV. Introduction: The owners of the Vista Bahn Building received a Conditional Use Permit, for an expansion of its south facing deck, approved on July 10, 2000, by the Planning and Environmental Commission. Positive benefits to the public were demonstrated during that application hearing process. However, due to monetary conditions the applicant was unable to proceed, with the improvements to the building, within the two years time requirements. The Vista Bahn Building has been, and continues to be, a key element to the fabric of the village center of the Town of Vail. The present owners of the Vista Bahn Building made a commitment to upgrade and improve the interior, as well as the exterior of the structure upon purchase. The first priority was to complete major interior upgrades and quality improvements. This phase of the renovation process has been completed. The second priority was to improve the appearance of the building exterior. Many cosmetic improvements, as well as regular maintenance improvements have occurred. Also, the applicant has placed a large public sculpture along the public road on the northeast side of the building. The expansion to the deck was planned to be built prior to 2002 or expiration of the approved application would occur. However, this investment was delayed due to cash flow considerations and priorities of the above mentioned improvements. As a result, the applicant, Remonov & Company, Inc. is submitting this Conditional Use Permit for a deck expansion to allow for an outside dining area on the south side of the Vista Bahn Building. A Conditional Use Permit for the deck addition was applied for in 2003 on this same property. However, the applicant tabled this application in order to address outstanding issues. The Town of Vail staff ultimately removed the item from further review. We therefore are submitting this application for a Conditional Use Permit to allow for the expansion of the existing 160 square foot decks on the south side of the Vista Bahn Building. An additional 655 square feet of usable space is being proposed to this out side seating area. The total square footage of the new deck combined with the existing deck would be 815 square feet. 1 Conditional Use Permit Vista Bahn Building July 2004 To summarize the discussion of the 2000 hearing on the original application, the following were the main points: 1. The benefits of allowing the addition outweighed any potential negative impacts of the improvements. The benefit of increased vitality to the Village Core is paramount. 2. The proposed use met key Master Plan goals. ➢ 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. ➢ Recognizing that outdoor dining is an important streetscape feature and shall be encouraged. 3. Concentration of tourist services should occur in the CC1 Zone District. 4. The space below the new deck is, for the most part, paved so virtually no new impervious surface will be added. As indicated by the Vail Village Master Plan, improvement and redevelopment of the core area of Vail is being encouraged and promoted, through the upgrading, renovation and maintenance of existing commercial facilities. This year key streetscape improvements are being constructed in the Village Core to increase pedestrian usage. More upgraded services for guests of the resort are desired. The proposed improvement to the Vista Bahn Building is a private sector response to this civic minded direction. It was determined in 2000 approval by 2 \ Conditional Use Permit Vista Bahn Building July 2004 the Town that the project was 'a desirable one. Several modifications have been made from the original 2000 approval and the withdrawn 2003 proposal. These modifications were made in response to suggestions received during the review process based on issues discussed by the various boards. The following considerations have been to the new plan: ➢ The present shape and layout of the deck has been modified in order to meet concerns of the Design Review Board, The Design Review Board felt that the angles of the deck were out of character with the existing building. The new design has addressed this concern. ➢ The walkway below the deck area has been designed and modified with arched entrances that provide an inviting and structured entry way. Adequate lighting has been added in order to address the concerns of lighting issues in the walkway. This new lighting plan will create an inviting walkway that will help in directing pedestrians to the south side of the building in order to access the Pirate Ship Park, Vista Bahn Lift and public trails. These changes are in direct response to suggestions and alternatives discussed at by the Design Review Board. ➢ An improvement to the pedestrian pathway area along Mill Creek has been proposed by both the Planning and Environmental Commission and the Design Review Board and will be added in order to create a more formal path to the Pirate Ship Park, Vista Bahn Lift and public trails. The flood plain will not be modified in any way. ➢ Research was conducted as requested by the Planning and Environmental Commission related to the suggested option of moving the public stairway at the South side of the Vista Bahn Building. This will be relocated as shown on the attached site plan. This stairway has been relocated in order to redesign the deck lay out as requested by the Board. The Design Review Board had expressed concern over the shape of the original deck design that had been designed around the present stairway,_ ➢ Meetings have been held with representatives of Holy Cross Energy. The present design and location of the proposed deck meets the concerns of Holy Cross Energy in relation to the location of the transformer and their need for continued maintenance in this location. The design also avoids impacts on the large junction box that is located near the transformer. ➢ The proposed deck design does not interfere with the present location of the large evergreens in that location. 3 Conditional Use Permit Vista Bahn Building July 2004 No negative impacts are anticipated with the expansion of this deck. The Vista Bahn Building is in the CCI Commercial Core Zone. The expanded deck is in an area where other restaurants offer outside seating as an amenity. This is a very popular guest service. Additionally, this is an area where the Master Plan encourages a wide variety of activities, events and street life along the pedestrian ways and plazas. The Vail Village Master Plan clearly states that outdoor dining is an important streetscape feature and shall be encouraged in commercial infill and redevelopment project. This deck addition clearly meets this master plan goal and should integrate smoothly with the new Front Door improvements. We have reviewed plans for the Vail Front Door Project in order assure compatibility. Indeed there appears to be mutual support for these new additions to the Town. 4 Conditional Use Permit Vista Bahn Building July 2004 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 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 April 19, 2004 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. C. Title Report, including Schedules A & B. A title report including Schedules A & B is attached to this submittal as Exhibit "B ". Conditional Use Permit Vista Bahn Building July 2004 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 Tap Room currently maintains a restaurant establishment on the second floor of the Vista Bahn Building, located at 298 Hanson Ranch Road, also known as 333 Bridge Street. The Tap Room currently has a small deck on the mountainside of the building. Existing deck on the south side of the Vista Bahn Building. The current square footage of the existing deck is 164 sq. feet. The square footage of the proposed deck is 655 square feet. The additional square footage on the proposed deck would allow for additional and adequate outdoor restaurant seating. This additional space meets several of the goals of the Vail Village Mater plan. It will further help to foster strong tourist involvement and to promote year - round vitality for the historic core of the village. c 2 Conditional Use Permit Vista Bahn Building July 2004 Proposed ifs Rendering of Deck Elevation 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. As such, there are many restaurant establishments in the area that offer outside deck seating for their patrons. The Christiana offers outside seating just to the east of the Vista Bahn Building as does Los Amingos directly to the west in the Golden Peak Building. In Section 3.3.2 of The Vail Village Master Plan it identifies that outdoor dining is an important streetscape feature and shall be encouraged. The proposed deck addition to the Vista Bahn Building clearly meets both of these goals. The Town is encouraging and promoting the improvement and redevelopment of the core area of Vail is being, through the upgrading, renovation and maintenance of existing commercial facilities. The proposed expansion of the deck area is an improvement to an existing structure that fits well within the revitalization of the Village core area. This expansion will not only improve the appearance of the current building and increase satisfaction of resort guests, but will increase sales tax revenue through increased sales. The fact that the deck will face the south side of the building and is in direct proximity to the Pirate Ship Park and Vista Bahn lift will only help to create 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 3 Conditional Use Permit Vista Bahn Building July 2004 a wide variety of activities, events and street life along pedestrian ways and plazas." The expanded deck is designed to be architecturally compatible with the exterior of the Vista Bahn Building as well as neighboring buildings. Architectural elevations and floor plans for both the existing deck and the proposed deck are attached to this submittal as Exhibit "I ". 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 a wide variety of activities, events and street life along pedestrian ways and plazas. ➢ Recognizing that outdoor dining is an important streetscape feature and shall be encouraged. As permitted by the Town of Vail Zoning Regulations, (Title 12, Vail Town Code) 12 -7B -4: Permitted and Conditional Uses; Second Floor: ➢ Among other uses permitted by Chapter 16 of this title, outdoor patios are permitted. 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 addition 655 square feet of additional space to the existing deck and structure would not have any negative effect on the light and air, distribution of population, 4 Conditional Use Permit Vista Bahn Building July 2004 transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 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 this addition. Bridge Street is a pedestrian area. The addition of square footage for this deck will only enhance the desired streetscape atmosphere by encouraging guests to remain in the core village to shop, dine and enjoy apres ski activities. S. 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 additional outdoor seating capacity of the Tap Room. 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 seems to be meeting the Master plan goals of upgrading, renovating and maintenance of existing commercial facilities that better serve the community and guest of the resort. The deck expansion provides positive amenities to this area. The applicant recognizes that while the Vista Bahn Building is located in the heart of the vibrant commercial core of Vail There are also residential uses in this area. The deck has been designed to minimize its impact on the residential neighbors. Every effort will be made to mitigate any additional noise from outside dining that might occur. F. Existing and proposed site and grading plans (Four complete sets of plans). Full size existing and proposed site plans are provided under separate cover. 8.5" x 1 1" copies are provided in Exhibit "H" of 5 Conditional Use Permit Vista Bahn Building July 2004 this submittal. No grading will occur with the construction of this deck. G. Existing and proposed architectural elevations (Four complete sets of plans). Full size architectural elevations are provided under separate cover. 8.5" x 1 1" copies are provided in Exhibit "I" of this submittal. 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 "I" 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 1 1" format. These plans are also found in the submittal as Exhibits "H ", "I" & "J". 6 Conditional Use Permit Vista Bahn Building July 2004 Exhibit "A" Adjacent Property Owners VISTA BARN ADJACENT PROPERTY OWNERS Revised: April 19, 2004 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 2101 - 082 -69 -010 —Unit 112 Vail Corp. P.O. Box 7 Vail, CO 81658 1 Red Lion Inn Condos 304 Bridge Street Vail, CO 81657 2101 - 082 -53 -007 — Unit R -1 Oscar L. Tang 600 5th Avenue, 8` Floor New York, NY 10020 2101 - 082 -53 -010 —Unit C -1 Landmark Commercial Dev. Co. 610 W. Lionshead Circle, Suite 100 Vail, CO 81657 2101 - 082 -53 -009 — Unit R -3 Top of the Bridge Corp, 1101 Brickell Avenue, Suite 800 -S Miami, FL 33131 Bridge Street Lodge 278 Hanson Ranch Road Vail, CO 81657 2101 - 082 -69 -001 —Unit 101, 101 -A Riley -BSL LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -004 —Unit 102 Rad Three LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -013 —Unit 221, 221 -A Bolanovich Trust c/o John Kaemmer 434 Gore Creek Drive Vail, CO 81657 2101 - 082 -69 -016 — Units S -2, S -12, 401, 403 Robert E. Cannon P.O. Box 80407 Memphis, TN 38108 4 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, 202, 204 Robert & Nancy Bartels Revocable Trust 3426 S. Twyckenham Dr. South Bend, IN 46614 2101 - 082 -69 -022 — Unit 5 -10 Bridge Street Investments LLC Felix Guzman No. 16 Col El Parque 53390 Naucalpan Mexico 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 -040 — Unit 501 Bridge Street Investments LLC Felix Guzman No. 16 Col El Parque 53390 Naucalpan Mexico 2101 - 082 -69 -002 — Units 101, 102 -A, 104, 105, 106 Colorado Ski Service, Inc. P.O. Box 2796 Vail, CO 81658 2101- 082 -69 -006 — Unit 103 Karl & Ursula Hoevelmann 161 South Golden Drive Silt, CO 81652 2101 - 082 -69 -011 —Unit 220, 220 -A John Kaemmer Trustee 291 Bridge Street Vail, CO 81657 2101 - 082 -69 -015 —Units S -1, 5 -13 MBW Realty c/o Ron Riley 228 Bridge Street Vail, CO 81657 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 2101 - 082 -69 -021 — Units S -9, 306 Georgi LLC 30 Madison House, The Village 101 Amies Street London SWl l 2JW, England 2101- 08269 -023 —Units 5 -11, 201 Robert & Nancy Bartels Revocable Trust 3426 South Twyckenham Drive S. Bend, IN 46614 2101 - 082 -69 -038 — Unit 402 R. Howard Cannon c/o Buckeye Cellulose Corp. 7574 Poplar Avenue Germantown, TN 38138 2101 - 082 -69 -032 — Unit 304 Peter A. Bissegger 3021 Garretson Avenue Corona, CA 92881 M )V U. ;,, TRACT C (E X E M P T) 0 TRACT 200,00 1 0 MOUNTAIN MAUS CONDOMINIUMS ? 77. • 0.0.1 LID DGE i -06.00* t - 0 Q - 045 61 2 , . TRACT 8 001-006 J DO POO V 41t 3Q13 sq* 2 4 ZO • /t VAIL TR :S ,W In 0. T R t4 k z FILINC , zZos 25, 3 0, 0. toaz P 74 C 4/4 T w N Use 10 )1 ` I - 13 12 0 07 0 S 4 0 ooI F IFTH FI I., TV 4 0 R ING Y BID ARY 39 r 1-0 MILL CREEK lk ti IT 0 We o (ExEMPT) COURT I 1 , • 384 65- (95A CONDOMINIUM P•3 & (9 GAFCCN OF THE GODS VILLA CLUO AT VAIL C VALHALLA .,.00 I K CONDOMINIUMS OC1.012 • 0,66. 9 D < CHRISTIAN A o o N16 A ". 1 - 10 4� - 1.5� 16. 10 0 C OOOOO, IS 7• 366 tam N 90 .07 , LODG H T I VOLI y WI CHATEAU 1 CHRISTIAN 'D I i,- (06D E 001- 00 BRIDGE STREET LOD 2V,Zi • b W . E 5 T A d j o i n i n g 2101-062 Exhibit - "B" Disclosure of Ownership From Land Title Guarantee Fri 21 Mar 2003 04:31:22 PM MST Page 4 of 9 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50000116 Schedule A Cost. Ref.: Property Address: LOT C, BLOCK 2, VAIL VILLAGE 1ST FLG I. Effective Date: March 04, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: REMONOV & COMPANY, INC., A COLORADO CORPORATION 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: LOT C, BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED FLAT 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 BOOK699—ALP -A -GE -454. From Land Title Guarantee Fri 21 Mar 2003 04:31:22 PM MST ALTA COMMITMENT Schedule B - Section 1 (Requirements) The following are the requireinents to be complied with: Page 5 of 9 Our Order No. V50000116 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 insftmnent(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payrnent 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 COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. From Land Title Guarantee Fri 21 Mar 2003 04:31:22 PM MST Page 6 of 9 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50000116 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 patties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or materiall theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment 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.. S. In addition, the owner's policy will be subject to the mortgage, if any, no ted 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 UNITED 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 DISCg MaKkTE AGAINST 14- ANDICAP PERSONS. AS CON I I1 qED IN D ,'STRLTi:IENT RECORnEn AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF VAIL VILLAGE FIRS TFMING._____._.______ — _ From Land Title Guarantee Fri 21 Mar 2003 04:31:22 PM MST Page 7 of 9 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VS0000116 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 ALTAIACSM 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 AS LISTED ON EXHIBIT A ATTACHED HERETO. 16. DEED OF TRUST DATED NOVEMBER 29, 2001, FROM REMONOV & COMPANY, INC., A 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 NOVEMBER30, 2001, UNDERRECEPTION 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 WTTH INSTITUTIONAL COMMERCIAL MORTGAGE FUND V, THE SECURED PARTY, RECORDED NOVEMBER 30, 2001, UNDER RECEPTION NO. 777019. Exhibit "C" Letter of Authorization C O, l l- July 5, 2004 Mr. Matt Mire, Attorney Town of Vail 75 S. Frontage Road Vail, CO 81657 Re; Vista Balm Building OW N= 970- 926 -6226 FAX 970- 926 -6227 P.O. Box 1888 Edwards, Colorado 81632 Remonov & Company, Inc., owners of the Vista Bahn Building located at 333 'Bridge Street, hereby authorize Terrill Knight of Knigbt Planning Services, Inc. to apply for a Conditional Use Application and any other required to make modifications to the building. Mr. Knight is authorized to complete all necessary foams and provide udequate inf rax tioa as required. W Kuigbt is fiutlier autborizei io meet with staff and all appropriate Town Boards and to represent the applicants fully. � Since y, "17 Richard Mueller President cc: Terrill Knight Exhibit "D" Alta Land Survey Legend lot line o lot corner perimeter of pavered walk QJ storm drain 1� pin and cap Scale Y =20' 0' 10' 20' pa=rCd W2& the southerly edge of Hansom Ranks Road pavement follows along the northerly edge of the pavered walk water lute / / ? r � 10.4' ° d gz (Tovm of Vail) mcasuitmrnts to .S rock fads ,' b ti s a i \ 30' ;Mill Creek setback line to main public sewer line 1 Lot C \ (S> 0.1069 Ac. (calculated) 3 ti8 •` m. multi -level building building outline at main level QO site coverage of the building at grade is 809'0 Address. 298 Hanson Ranch Road F \ also known as 333 Bridge Street a rya e=erirr walls of the 2 bu8dags below grade arc 0.3' apart l 5 Lemma Lot I C( hei de: din unl set ove she I& is t Jo]Z AC: 11. dat coal Dat Rev I I t r 4 E 2nd level d corne 1 ? % � 18'53' $ 4.90' Bridge Street Lodge Condominiums �? / CC ° JJ Pm and mPimcss r• 1-S. 26598 ( formerly Lot b) T O�/ t (electric, phone, cable TV ) y a` 1 apprnrdrnate location of utility tines to btuldir. r per approved site plan to above ground boxm i firing in Tract E ( Town of Vail public properl 6 •' ��� r paver walk v ( apparent public pedestrian access easement J c p5 � gas line Tract E building outline at main level gas meter /source yia and crp' witness comer LS. 26598 building outline at grade S 30 E, 4.00' from property corner ( 1 Note: According to Colorado law, you must commence any legal action based upon any defect on this certificate within three years after you first discover such defect. In no event may any action based upon any defect in this certificate be commenced more than ten years from the date of certification shoran hereon. Leland Lechner PLS 30946 County Rd. 356, Buena Vista, Co. 81211 ( 719 ) 395-9160 Scale Y =20' 0' 10' 20' pa=rCd W2& the southerly edge of Hansom Ranks Road pavement follows along the northerly edge of the pavered walk water lute / / ? r � 10.4' ° d gz (Tovm of Vail) mcasuitmrnts to .S rock fads ,' b ti s a i \ 30' ;Mill Creek setback line to main public sewer line 1 Lot C \ (S> 0.1069 Ac. (calculated) 3 ti8 •` m. multi -level building building outline at main level QO site coverage of the building at grade is 809'0 Address. 298 Hanson Ranch Road F \ also known as 333 Bridge Street a rya e=erirr walls of the 2 bu8dags below grade arc 0.3' apart l 5 Lemma Lot I C( hei de: din unl set ove she I& is t Jo]Z AC: 11. dat coal Dat Rev I I t r 4 E 2nd level d corne 1 ? % � 18'53' $ 4.90' Bridge Street Lodge Condominiums �? / CC ° JJ Pm and mPimcss r• 1-S. 26598 ( formerly Lot b) T O�/ t (electric, phone, cable TV ) y a` 1 apprnrdrnate location of utility tines to btuldir. r per approved site plan to above ground boxm i firing in Tract E ( Town of Vail public properl 6 •' ��� r paver walk v ( apparent public pedestrian access easement J c p5 � gas line Tract E building outline at main level gas meter /source yia and crp' witness comer LS. 26598 building outline at grade S 30 E, 4.00' from property corner ( 1 Note: According to Colorado law, you must commence any legal action based upon any defect on this certificate within three years after you first discover such defect. In no event may any action based upon any defect in this certificate be commenced more than ten years from the date of certification shoran hereon. Leland Lechner PLS 30946 County Rd. 356, Buena Vista, Co. 81211 ( 719 ) 395-9160 :nt Agency, such determination having been made from a personal review of flood map number 080054 0002, which .t available flood snap for the property. The property shown contains 0.1069 acres and no on site padding spaces. T has been made in accordance with " Minimum Standard Detail Requirements for ALTA /ACSM land Title Surveys; iblished and adopted by American Land Title Association (ALTA ), American Congress on Surveying and Mapping ( d the National Society of Proffessional Surveyors, Inc. ( NSPS ) in 1999 and includes Items 1, 2, 3, 4, 6, 7(a), 8, 9, 10, of Table A thereof..: ;.Pursuant to the Accuracy Standards as adopted by ALTA, NSPS, and ACSM and in effect on the certification; undrsigned further certifies that the Positional Uncertainties resulting from tb,3carvqZ=sur ie survey do not exceed the allowable Positional Tolerance. 1 1 p REG! ` day of October, 2001 Leland Lechner PLS yr ~ 2. 3 5 0 L ment recorded in Book 699 at Page 454, (No. 15 of Schedule B, Section 2 of Land Title Guaranfee Commitnent No. V ) allows for construction encroachments that that relate to the structure and support of the building walls that follow :erly line of Lot c. This easement also is for a trash easement. ( the locations being non specific) rded information and the legal description was provided by Land Title Guarantee Co. by Commitment No. V27340. rding to FIRM Community -Panel No. 080054 0002 C Dated May 1, 1985, this parcel lies in Zone C. nearest intersecting street is Bridge Street which lies 50` west of the Northwest comer of Lot c. are no means for nor visible evidence of vehicular ingress /egress over the property. ,torn drains shown on the drawing are connected. Surface drainage enters these drains and flows from the most .y drain to the east and north to a public storm drain system lieing within Hanson Ranch Road. d upon Eagle River Water & Sanitation sewer and water as built maps, sewer and water service to this property is i from lines located in the Hanson Ranch Road right -of -way. ( see drawing ) Service to this property is from Tract E (Town of Vail property ) . - ( see drawing ) V ail Mt Town of Vail o m p. C North No Scale Subject Site -� Road C Hanson Ranch Road w a Vicinity Map Exhibit "E" Flood Plain & Topographic Maps mN ` cn r Co E `\\ \ \ 0 7- - C 0 �D 09 0 W a CU v T _ - v \ ® - i Z -� r \ CL D co Eli :A CL v • o y �i � n � 13 ` \ 01 G '., V n a z = < D rm (D 00 o00 7 �G rn F9 0 i \NE \ 1 ® n L � > x ��OpO W O A l m �° m r° z r m r m > FLOOD PLAIN LINE °° co n z m a O / I U W O �'+ n MILL CREEK O 0 � Z f rn co n °0 00 41 I Q� ! • O , - J OOQ Fo rn o 81 S �P�� m / f m 'U m / m \ f J p Z !�00,0 / ° +/ . -8186 m N / 881.8 J Ul ++ / + I / W/ / ( m v z . � m 8190 �+ IV 0 Oa rV� 313 Sm F 0 > RI N ;D o 6 9�ltYY� - 0 lit 0 0 A-1 • 0 0 0 gig 0 Ai o V" co ho 2�v 4 R IV 0 Oa rV� 313 Sm F 0 > RI N ;D o Exhibit "F" Easement Agreement EASEMENT AGREEMENT �t THIS EASEMENT AGREEMENT, effective the day of M aL4 2000, is by and between THE VAIL CORPORATION, a Colorado Corporation doing business as VAIL ASSOCIATES, INC. ( ".Vail "), and RQMQNG* AND COMPANY, INC., a Colorado corporation ( "Owner"). 'Rer or)oV RECITALS A. Vail is the owner of Tract E, Vail Village Fifth Filing, Town. of Vail, Eagle County, Colorado, according to the plat recorded on April 25, 1995 in Book 665 at page 983 in the records of the Eagle County, Colorado, Clerk and Recorder ( "Tract E") . B. Owner is the owner of that certain project known as The Vista Bahn Building located on lot c, Block 2, Vail Village First Filing, Town of Vail, Eagle County, Colorado, according to the recorded plat thereof ( "The Vista Bahn Building "). C. The Vista Bahn Building is adjacent and contiguous to Tract E. D. Vail has previously permitted certain improvements to be constructed for the benefit of The Vista Bahn Building on a portion of Tract E as more particularly described on Exhibit A attached hereto and by this reference made a part hereof (the "Easement Parcel"). E. Owner has requested that Vail grant to Owner an easement upon the Easement Parcel for the purpose of the construction, reconstruction, repair, replacement., existence and use of such improvements benefiting The Vista Bahn Building, and Vail is willing to comply with such request, subject to the terms and conditions set forth herein. GRANT OF EASEMENT , NOW, THEREFORE, in consideration of the premises and the covenants contained herein, Vail hereby grants and conveys unto Owner a perpetual, non - exclusive easement on, upon, over, under, through and across the Easement Parcel for the benefit of the Vista Bahn Building subject to the terms and conditions set forth below (the "Easement ") , the Easement Parcel and the Easement sometimes hereinafter collectively called the "Easement ". 1. Use The Easement shall be used solely for the purpose of the construction, reconstruction, repair, replacement, existence and use of stairway and sidewalk, patios, decks, retaining walls, signs related to the businesses, residences (if any) and activities on said Lot c, utilities (and associated Wl b�"bldg....do 05/01/00 9:46 AM 1 111111111111111111111111111111111111111 III 111111111 IN 729915 05/16/2000 02:36P 173 Sara Fisher 1 of 6 R 30.00 D 0.00 N 0.00 Eagle CO r meters), and pedestrian ingress and egress by the general public, Owner and the Permittes (defined below) between Lot c and Tract E. Subject to the above restrictions, Owner shall be entitled to make the Easement available for use by the owners, residents (if any) and tenants of The Vista Bahn Building and their respective agents, tenants, employees, licensees, guests and invitees, (collectively, the "Permittees "). 2. Easement Appurtenant The Easement shall run with the land and shall be appurtenant to lot c and Tract E so that a transfer of title to lot c and /or Tract E shall automatically transfer the burdens and benefits of the Easement under this Easement Agreement. 3. Liability for Injury Vail shall not be liable to Owner, the Permittees onto any other person whomsoever or entity whatsoever for or on account of any injury or damage to persons or property occasioned by reason of Owner's or the Permittees' use of the Easement. 4. Indemnification (a) Owner agrees to indemnify, defend and hold harmless Vail, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and against any claims, demands, liabilities, damages, liens, actions or causes of actions whatsoever, including reasonable attorney's fees, (i) arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind occurring in connection with or arising out of Owners's or the Permittees' use of the Easement or (ii) arising out of or caused by the willful misconduct or negligent acts, errors or omissions of Owner-or the Permittees. (b) Vail agrees to indemnify, defend and hold harmless Owner, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and.against any claims,. demands, liabilities, damages, liens, actions or causes of'act ons whatsoever, including reasonable attorney's fees, arisngout of or related to any loss, cost, or damage to Owner's improvements located on the Easement Parcel occurring in conrriection with or arising out of Vail's use of the Easement. 5. Retention of Rights Subject to the terms and provisions of this Easement Agreement, Vail specifically retains all its right, title and interest in and to the Easement Parcel. 6. Entire Agreement This Easement Agreement contains the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein. This Easement Agreement specifically supersedes any and all prior discussions, agreements, proposals, negotiations and representations relating v1.ueaTMlag..m.dx 05/01/00 9:46 AM 2 111111111111 111111111{ 11'11111 IIII� Illil 111 III 1111 111 729915 08/16/2000 02:36P 173 Sara Fi 2 of 6 R 30.00 D 0.00 N 0.00'Eagis CO hereto. 7. Counterparts; Facsimile Transmission. This Easement Agreement may be executed by facsimile and/or in any number of counterparts, any or all of which may contain the signatures. of less than all the Parties, and all of which shall be construed together as but a single instrument and shall be binding on the Parties as though originally executed on one originally executed document. All facsimile counterparts shall be promptly followed with delivery of original executed counterparts. 8. Successors and Assigns The terms, covenants and conditions of this Agreement shall be binding on the successors and assigns of all parties hereto. 9. Miscellaneous (a) If any clause or.provision of this Easement Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) No amendment, alteration, modification of or addition to this Easement Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. (c) The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Easement Agreement. (d) If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this Easement Agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge to be reasonable attorneys' fees. (e) This Easement Agreement .shall be governed by and interpreted in accordance with the laws of the State of Colorado. 1 729915 05/16/2000 02:36P 173 Sara Fiahar 3 of 6 R 30.00 D 0.00 N 0.00 Eag14 CO rl•t•b•hnbl \ d9e•..doc 05/01/00 9:46 AM 3 IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement to become effective as of the date first written above. THE VAIL CORPORATION a Colorado corporation d /b /a Va tes, Inc. By: Name: Title: Y• V j• e ,PWNER: �Kemono d R MO1107 AND COMPANY a Colorado corporation By: C '{ Name: eicN A tle tuei — T i t l e : c & l lt- STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) {- The foregoing instrument was acknowledged before me this S/ day of 2000, by Ma ilh(. k A. Rtkpyl as k t i f THE VAIL CORPORATION, a Colorado corporation doing business as VAIL ASSOCIATES, INC. itness my hand and official seal. My commission expires fati� A �NO , " ' 1) TA ;c `n AG L it Notary Public v 1 1111111111111111111111111111111 11111111111111111111111 729915 05/15/2000 02:36P 173 Sara Fish 4 of 5 R 30.00 D 0.00 N 0.00 Eagle CO ie[•b.hnbldgeem.dx 05/01/00 9:46 AM 4 STATE OF COLORADO ) } ss. COUNTY OF EAGLE ) The fore oing instrument was acknowledged before me this "re'nql o r, � day of , 2000, by - Ric<vs r rA . MuRlle r as U of RQ9QN9V AND COMPANY, a Colorado corporation. t"2�monoJ witness my hand and official seal. My commission expires : 1- Notary Public J I IIIIII11!!! 1111111 I�I1�1lIlI IIIII Illl! N! �IIII IIII III 729915 05/16/2000 02:36P 173 Sara Fisher 5 of 5 R 30.00 D 0.00 M 0.00 Eagle CO vl.'.b.h.bld9.—d- 05/01/00 9:46 AM 5 Exhibit I`G" Site Photos IN w A 11 - a --A Cl) f6 w N L O O O J .�C U N 0 �L O Z Exhibit "H" Site Plan s Qy01i Sena v 3Ni} AVM'itr��ltl 71 r N I \ \ Z C C MM d Wd 7 Z o CL = E Qv N Q o CL o CL 1 � I I I I I I � f 1 / I I 1 \ I I i I i a J y ~ � I Y I o U 1 � � 3 I I I \ I \ I w \r I o r 1 N 1 N I = O W � I I 1 / / J 1 U O LL 4 Q Z O E- Y 6 U 3NIl AVM'aP1N01tl'JrlBna / 5 'A13pjS�Y4)", / W 6 IyiS3p�d T Exhibit "I" Architectural Elevations & Floor Plans 1 � <C �0 m n U) i 7 OU w m � n pr N Y1.dKE An TKL AL .i�8A:1URE fYLL ALIGd n m m D •aaAwm.ab a a^ Z n c� m (� ]> r T- r m X • � ° r § 3 AA _ N - - - -- X O 4 ® Obdd ONOO / Al v { n m n L1 A x T n 9 AL dJ / � I �N r N m / r XD m A n r <C �0 m n U) i OU w m 3�Z D� pr N Y1.dKE An TKL AL .i�8A:1URE fYLL ALIGd n m m D •aaAwm.ab a a^ Z n c� m (� ]> r T- r m X • � ° r § 3 AA _ � E B { n m n L1 A x T n -i � I NN m . r ➢i 4+ �IDz m x o =° D m X 3I I m � w � rn f" Y O n r XD m A n r I o P130JECT HE VAIL VILLAGE CLUB � 'I car - r��D L aVEL DECK P1.,LN <C �0 m n U) OU m 3�Z D� pr Y1.dKE An TKL AL .i�8A:1URE fYLL ALIGd v D •aaAwm.ab a a^ Z n c� m (� ]> r T- r m X • � �cn m 7C m 1 AA _ � E I N D � pam .. e �IDz I o P130JECT HE VAIL VILLAGE CLUB � 'I car - r��D L aVEL DECK P1.,LN m A nmm ~Oa D T - �O O m0 p m m S ARCMTECTS IN �-- NFi.O¢4DN£O¢ �0 m n m 3�Z D� O � m � m X • � A m 1 AA _ � I m A nmm ~Oa D T - �O O m0 p m m S ARCMTECTS IN �-- NFi.O¢4DN£O¢ MATCH - EX15TiNG WALL MATERIAL PUBLIC ACCESS VISTA BAHN LIFT 0 0 0 0 0 O O O 0 O EO Z ca .. X OPEN 0 OL ca UNDER DECK, WAL<W,4)' PACADE SCALE: 1/2 11-011 Exhibit "J" Site Plan with Modifications Proposed Deck Improvements Vista Bahn Building Bridge Streetsdge Y h r 1 ' a i u r i t'' ' ° ` ; '� `i( s to th Vista ���, Bahn C 1� y l ' t OpOmd Dec Vista Bahn Building ' Existing Deck yoly Try &" uilding Footpri Property Line .a MA" WA w E ) Path to avoid lrr~ee aax Attachment: C THIS ITEM MAY AFFECT YOUR PROPERTY 3OOFYAfI 1 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 September 13, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for final review of a sign variance, pursuant to Section 11 -10 -1, Variances, Vail Town Code, to allow for a variance from Section 11- 6 -3(1a) for a new business identification sign, located at 100 East Meadow Drive /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Robert Aikens and Barbara Ruh (Verbatim Booksellers) Planner: Matt Gennett A request for final review of a conditional use permit, pursuant to Section 12 -713-4, Permitted and Conditional Uses; Second Floor, Vail Town Code, to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village Filing 1,.and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson A request for final review of a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for a variance from Section 12- 7B -12, Height, Vail Town Code, and a request for a major exterior alteration, pursuant to Section 12 -713-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a new residential addition, located at 183 Gore Creek Drive (Sitzmark Building) /Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for final review of a major exterior alteration, pursuant to Section 12- 7A -12, Exterior Alterations or Modifications, and a request for a conditional use permit, pursuant to Section 12- 7A-3, Conditional Use Permits, Vail Town Code, to allow for a lodge, including accessory eating, drinking or retail establishments located within the principal use and occupying between ten percent (10 %) and fifteen percent (15 %) of the total gross residential floor are of the main structure or structures on the site, located at 20 Vail Road (Sonnenalp Resort of Vail) /Lots K and L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Resort of Vail, represented by Resort Design Associates Planner: Elisabeth Eckel A request for a work session to discuss a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Vail Town Code, to allow an amended approved development plan, located at 1325 Westhaven Drive /Development Area A, Cascade Village, and setting forth details in regard thereto. Applicant: Wright & Company /PIA Land Planning Planner: Russ Forrest A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12 -2 -2, Definitions, Vail Town Code, pursuant to Section 12 -3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12 -7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12 -7E -5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple - family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12 -7E -4, Vail Town Code, located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for a variance from Section 12 -6H -6, Setbacks , Vail Town Code, to allow for a residential addition to encroach into the side setback, located at 303 Gore Creek Drive /Lot 8, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Erickson S. Shirley Planner: Bill Gibson A request for final review of a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for a variance from Section 12 -6D -6, Setbacks, Section 12D -9, Site Coverage, and Section 12- 6D -10, Landscaping and Site Development, Vail Town Code, to allow for a residential addition, located at 2714 Larkspur Lane /Lot 4, Block 3, Vail Intermountain, setting forth details in regard thereto. Applicant: Andrew and Margaret Forstl Planner: Bill Gibson An appeal of staff interpretation, pursuant to Section 12 -3 -3, Administration and Enforcement, Vail Town Code, of an administrative interpretation of Section 12 -11 -4, Materials to be Submitted, Procedures, located at 1448A Vail Valley Drive /Lot 18, Vail Valley Filing 1, and setting forth details in regard thereto. Applicant: Robert Kossman Planner: Russ Forrest The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend 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, August 27, 2004, in the Vail Daily. Attachment: C PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING TOWN OF Monday, September 13, 2004 PROJECT ORIENTATION - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits : 1. Vista Bahn Building — 333 Hanson Ranch Road 2. Sitzmark Building — 183 Gore Creek Drive 3. Sonnenalp Resort of Vail — 20 Vail Road 4. Cascade Village — 1325 Westhaven Drive 5. Crossroads East — 141 and 143 Meadow Drive 6. Forstl Residence — 2714 Larkspur Lane 7. Manor Vail Lodge — 595 Vail Valley Drive 8. Briar Patch — 1390 Buffehr Creek Road Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearing - Town Council Chambers 2:00 pm 1. A request for final review of a major exterior alteration, pursuant to Section 12- 7A -12, Exterior Alterations or Modifications, and a request for a conditional use permit, pursuant to Section 12- 7A-3, Conditional Use Permits, Vail Town Code, to allow for a lodge, including accessory eating, drinking or retail establishments located within the principal use and occupying between ten percent (10 %) and fifteen percent (15 %) of the total gross residential floor are of the main structure or structures on the site, located at 20 Vail Road (Sonnenalp Resort of Vail) /Lots K and L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Resort of Vail, represented by Resort Design Associates Planner: Elisabeth Eckel ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7 -0 -0 CONDITION(S): 1) The applicant shall agree to proceed with construction of this phase of the project concurrently with the proposals which were approved by the Planning and Environmental Commission in 2003 and the applicant shall submit such a phasing plan to the Community Development Department prior to applying for a building permit for this aspect of the proposal. 2) The applicant shall submit a final parking plan designating the type and lay -out of all parking spaces required on site as a result of this proposal to the Community Development Department for review and approval prior to applying for a building permit for this phase of the project. Elisabeth Eckel introduced the project according to the memorandum. Mike Foster further explained the project and the purpose of the proposed enclosure. Doug Cahill asked about the design of the enclosure and Mr. Foster described its flexibility to be used both during good and bad weather. Mr. Cahill also asked the applicant of his confidence that the project approved in 2003 would be finished, making the parking requirement related to this proposal valid. Mr. Foster replied affirmatively, that the first condition would not be problematic. The Commissioners had no further comment. 2. A request for final review of a conditional use permit, pursuant to Section 12 -713-4, Permitted and Conditional Uses; Second Floor, Vail Town Code, to allow for an outdoor patio, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Bernhardt VOTE: 7 -0 -0 CONDITION(S): 1) This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 2) The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end no later than 10:00 PM daily. 3) Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 4) The use of the outdoor dining deck shall comply with the provisions of Section 5 -1 -7 (Noise Prohibited), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 5) Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. 6) Any signage associated with or displayed upon the outdoor dining deck shall comply with the provisions of Title 11 (Sign Regulations), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. A violation of these provisions may allow the Planning and Environmental Commission to revoke this conditional use permit approval. Bill Gibson introduced the project according to the memorandum. Terrill Knight, applicant's representative, gave a presentation of the proposal and made himself available for questions. Charles Greenhouse, an attorney representing Bridge Street Lodge residential owners 2 association, noted their associations objection to the proposal. He explained the main issue of the homeowners was one of excessive noise and they are concerned that the proposal will only exacerbate the existing noise problem. He stated that the applicant had already failed to comply to ordinances that the Town has instituted. Professional tests had been done to show that the use was in violation of the noise ordinance on several occasions. Paul Johnson, of Christiania Lodge, stated that he failed to understand the conditions that were a part of the memorandum; so Bill Gibson restated the conditions as they were listed in the memorandum. Paul Johnson noted the Christiania's objection to the proposal. Tom List, a partner of Charlie Greenhouse, representing Oscar Tang, noted his clients objection to the proposal. Ron Riley, the owner of Los Amigos, a nearby restaurant, spoke in favor of the proposal, stating that the club /bar aspect of Vail Village was nearly non - existent and this type of facility was integral to the Vail experience. He continued to say that the outdoor dining deck did not have to be attached to the problem of the noise coming from the nightclub. Jim Lamont, Vail Village Homeowner's Association, commented that the proposed use was in a transitional zone, and some problems existed around keeping the area vibrant but not a nuisance. He suggested that if an approval was given, an annual review be required, a compendium of complaints be kept, and hours of operation be imposed upon the use. Rick Mueller, Vista Bahn Building owner, stated that the nightlife in the Village was not what it should be for a resort of its stature and this proposal was meant to help the Town, both for visual and economical reasons. He stated that the Town had done its own noise level readings during which even the Creek was over the Town's noise level regulation. Steve Kaufman, owner of the Tap Room and Sanctuary, stated that the Tap Room does its best to add to the Town and to address problems as they arise. He stated that no complaints had been addressed to him directly, aside from one instance. Further, windows and doors are dead - bolted during the evening to keep noise from adversely affecting the neighbors. He stated that their only request was for a deck, which "polices itself' due to weather constraints. The Commissioners clarified that the Tap Room was a permitted use, the Sanctuary (i.e. the nightclub) was a separate conditional use, and the proposed deck was also a separate conditional use. The Commission noted that vitality within the Village remains an important issue, and stated that dining decks are a positive amenity. The Commission stated their concerns about the noise issues related to the nightclub, but separated those issues from the deck proposal. The Commission expressed that with the appropriate conditions, the deck would be an appropriate use on the site. The Commissioner's strongly recommended that both the applicant and the neighbors work together to resolve the existing noise issues, and noted to the applicant that the Commission would "call -up" this approval if noise issues arise from the use of the deck. 3. A request for final review of a variance, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for a variance from Section 12- 7B -12, Height, Vail Town Code, and a request for a major exterior alteration, pursuant to Section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code, to allow for a new residential addition, located at 183 Gore Creek Drive (Sitzmark Building) /Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Bob Fritch, represented by Fritzlen Pierce Architects Planner: Bill Gibson 3 Attachment: D TOWN OF V& THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -3, Vail Town Code, on Tuesday, November 2, 2004, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEM/TOPIC: An appeal of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12- 713-413, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 15t Filing, and setting forth details in regard thereto. Appellant: Bridge Street Lodge Residential Owners Assoc. and its individual owners Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call (970) 479 -2114 voice or (970) 479 -2356 TDD for information. TOWN ot�u�n,' THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -3, Vail Town Code, on Tuesday, November 16, 2004, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEM /TOPIC: An appeal of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12- 713-413, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1S Filing, and setting forth details in regard thereto. Appellant: Bridge Street Lodge Residential Owners Assoc. and its individual owners Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call (970) 479 -2114 voice or (970) 479 -2356 TDD for information. i 10/28/2004 11:00 720- 946 -0887 MFGLL LLP auff-91-04 11 ;378m Froo -TOWN OF W L COMMUNITY 05VELOPYINT 9704792451 VISTA EAEN ADJACENT PROPERTY OWPMRS Revised: AprjU 19, 200x1 2101 -0RZ42 -001 Remnnov & Co. 298 E son Ranch Road P.O. Box 1888 Edwards, CO 81632 2101- 082 -42 -008 Vail Corp. R=onRw=h Road. — W5 Trait E P.O. Box 7 Mail, CO 81658 2101 - 082-42 -009 Tom dVan Hanson Rash Road — VV6 Tract H 75 S. Frontage Road Val. CO 91657 2101- 082-39 -004• Town of Val c!o Fdaa= Dept. 76 S. Floatage Road Val, CO 81657 2101- 082 -69 -010 —Unit 112 Vail Corp. P.O. Box 7 'Yak, CO 91658 PAGE 02 T -800 P.019l063 F -037 Ll 10128/2004 11 :00 720- 946 -0887 MFGLL LLP A49 -d 1 - u4 11; 3?Rm From -TOWN OF, VA I L COMMUN DEVELOPMENT 0704782452 Red Lion Inn Condos 304 Bridge Street Vail, CO 81657 2101 - 052 -53- 007 —UrdR 1 Osonr L.'Tapg 600 5 Av=e, S' Floor New York NY 10020 2101- 082 -53- 010 -- TJn# C -I Landmark Commercial Dav, Cc, 610 W. Lionshead' Circle, Suite 100 Vast, CO 81657 2101- 082 -53 -009 — Unit R-3 Top of the Bridgge Corp. 1101 Briakell Avemc1 Suite 800 - S 11 a# FL 33131 Bridge Street Lodge 278 Uari Ranch Road VafI, CO 81657 2101- 08t -69 -001 _'U3± 1011 101 -A Rs7cy BSL LLC 228'Bsicige Street V24 CO 81657 2101- 082 -69 -004 — U31h 102 Rad Three LLC 228 Street Vail, CO 81657 2101- 082-69 -013 — Unit 221, 221 -A Bohnovirh Thin c/o Jolla K2� 434 Gore Creek Dave Vail, CO 81657 2101- 082 -69 -016 — Units S=2, S -12, 401, 403 Robert E. Cannon, F.O. Box 50407 Memphis, TN 3 510 8 PAGE 03 'T -800 P.020/063 F -087 2 ' 10/28/2004 11:00 720 - 946 -0887 MFGLL LLP PAGE 04 11 1 -1 '114 1 1 -alum rrcm- - IOB'n of VAIL COMMUNITY DEVELOPOT 0704782462 T -900 P. 021/093 2101 - 082 -69 -018 —Ui is S-5,301,308, 310 Arnold Biasegger Lh&g Trust 2625 S. Aibmtic Avenue 5 NE AaptQna Beach S,bnics, FL 32118 2101- 082 -69- 020. —Units S -8, 202,204 Robert & Nancy Benels Revocable Truest 3426 S. Twyrkenbam Dr. South Bend, TAT 46614 2101 - 082 -69 -022 — Unit 5 -10 Bridge Street Investments LLC Febx 4u=nsmNo.16 Col El Pardue 53390 Nm=)pan.l+ =iro 2101- 082 - 69-035 —Unit 309 Arthur C. Cox QFR Trust Emma Jam Cox QPR Tiust 12001 GRUlfmd Road Annapolis Junction, IiM 20701 2101 -OSZ 69 -040 —Unit 501 Bridge Street Investments LLC FeRz Guzman 7-To. 16 Col E1 Parque 53390 NaucalpenMexico 2101 -082- 69-002 -- Units 10X,102 A, 104,105. 106 Colorado Sari. Service, lac. P_0, Box 2796 VA CO 81658 2701- 082 -69 -006 —Quit 103 Karl & UEsala Roevchnavn 161 South GokL -u Drive Sift, CO 81652 2101 - 082 - 69.011 -- Unit 220, 220-A xohn Kaemmner Tsustcc 291 Bridge Street VaiL CO 81657 2101- 052-69 -015 —Units S -1, S -13 1BW ple y e% Ran Fd1ey M Bridge Strck VaE, CO 81657 ig 10/28/2004 11:00 720- 946 -0887 MFGLL LLP PAGE 05 ' Auo 3i -04' 11:3Tam. Frame -TOWN OF VA I L COUNITY RVILOWNT 9704702452 T -800 P.022A53 F -037 2101 - 082 -69 -017 — Umzts S-4, 302 Robert & Natalie Bisscgg= 5345 V ind Point Road Racine, Vitt 53402 2101 - 082 -69 -019 —Units S-7,303 Robert E. Masterson PC4 Estate Revocable Trust P.a_ DOX390186 Dmaba, NE .65139 2101 - 082 -69 -021 —Units S -9, 306 4eoxgi LLC 30 Madison Hause, The Village 101,Amies Street London SWI 12JW, I�pnglaud 2101 - 082 --Unks 5-11 201 Robert & Nemcy Bwtels Revocable Tnist M26 South Twyckctba. Drive S. B=c, IN 46614 2101 - 082 - 69-036 —Unit 402 R Howard - Cannon c% Bucker Cellulose Corp. 7574 Poplar Avcaue Germantown, TN 38138 21 01 - 082.69- 032 — Unit 3 04 Peter A. Bissegger 3021 Gar moan Avemm Corona, CA 92991 4 10/2012004 02:29 303- 623 -0960 MFGLL PAGE 02 MURRAY FRANKS GREENHOUSE LIST & UPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREET DENVER, COLORADO 90202 Telephone (303)823 -4500 Fax (303)e23 -0980 Mr. Rick Mueller Remonov & Co. Inc. P.O. Box 1888 Edwards, Colorado 81632 Fax: 970-926-6227 October 20, 2004 RE: Bridge Street Lodge Residential Owner's Association Tap Room; Noise Concerns Dear Mr. Mueller: Thomas M. List Licensed in Colorado and Florida gist mf Il.com 303. 623 -0025 This letter is in response to your letter dated October 18, 2004. I am disappointed that you have chosen to personally attack me regarding this matter. My law firm has been retained to represent the interests of the Bridge. Street Lodge Residential Owner's ,Association (the "Association ") and, therefore, personal attacks on me are unwarranted. Furthermore, I do not agree that the Association's decision to exercise its legal rights pursuant to the Vail Town Code is disrespectful to anyone involved. It has been and remains the Association's intent to work with your company, the Tap Room and the Sanctuary to find a solution to its concerns: The sound. engineer hired by the Association, Jeff Kwolkoski of D.L. Adams Associates, Inc., has been in contact with Todd Howe to schedule the additional testing necessary to determine the best solution. It is our understanding that they were planning on accomplishing this testing on Monday, October 25, 2004. It appears now that you are unwilling to allow them to move forward with gathering the information necessary to assist the parties with finding a mutually beneficial solution. Unfortunately, if we cannot cooperate to accomplish the testing before the hearing scheduled for November 2, 2004 we will have no choice but to inform the Town Council that we are not receiving the cooperation necessary to come to an agreement. We request that you reconsider and allow the sound engineers to move forward with their testing on Monday, October 25, 2004. Please contact me as soon as possible with your position regarding the testing. Very truly yours, omas M. Las of Murray FvaZnke Green r e�biitt LLP TMQjls 1012012004 02:29 303- 623 -0960 MFGLL PAGE 03 Mr. Rick Mueller October 20, 2004 Page 2 CC , . Arthur Cox (via facsimile) Matt Mire (via facsimile) Russell Forrest (via facsimile) Steve Kauffman (via facsimile) 10/18/2004 04:02 303 - 623 -0960 MFGLL PAGE 02 MURRAY FRANKE GREENHOUSE LIST & LIPPITT L LP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREET DENVER, COLORADO 80202 Telephone (303)623.4500 Fax (303)623 -0980 VZA FACSIMILE: 9711- 477 -1393 Mr. Steven E. Kaufman 333 Bridge Street Vail, Colorado 81657 October 18, 2004 RE: Bridge Street Lodge Residential Owner's Association, Tap Room; Noise Concerns Dear Mr. Kaufman: Thomas M. List Licensed in Colorado and Florida t s t a,mgll.com 303 - 623.0025 This letter is in response to your letter dated October. 15, 2004. As we discussed last week, the Bridge Street Lodge Residential Owner's Association (the "Association ") felt it was necessary to file an appeal of the PEC's decision allowing the outdoor deck expansion in order to preserve its rights and keep the issues alive in the Town of Vail's regulatory process. The position of the Association is that the conditions outlined in the conditional use permit approved by the PEC do not adequately remedy the noise issues. Notwithstanding the appeal, the Association remains willing to work with you, the Tap Room and the Sanctuary to find a solution to its concerns. ,Accordingly, the sound engineer hired by the Association, Jeff Kwalkoski of D.L. Adams .Associates, Inc., contacted Todd IIowe, your sound engineer, last week to schedule the additional testing necessary to determine the best solution. It is also our understanding that the sound engineers are working together to determine the best time to schedule the additional testing in order to obtain the most complete and accurate results. We appreciate your cooperation in the matter. We look forward to working with you on a mutually beneficial solution after the sound engineers have completed the necessary testing and we receive their .recommendations. If you have any questions in the meantime, please contact us. Ve ruly ours, maiMist of Murray Franke Greenhouse List ippitt LLP TML /jls cc: Arthur Cox (via facsimile) Mart Mire (via facsimile) Russell Forrest (via facsimile) 10/18/2004 04:02 303- 623 -0960 MFGLL PAGE 01 MURRAY FRANKS GREENHOUSE LISA' & LIPPITT LLP Granite Building, Second Floor 1228 .Fifteenth Street Denver, Colorado 80202 PHONE: 303 - 623 -4500 FAX. • 303 - 623 -0960 To: Russell W. Forrest From: Ronda Morehead for Thomas M. List Company: Town of Vail pate; October 18, 2004 Fax: 970 - 479 -2452 Pages: 2 Phone: 970.479 -2146 Client Matter Number. 1290 -1 F Urgent r For Revlaw rl Please Comment r Please Reply I- Please Recycle Comments 970- 926 -6226 • FAX 970- 926 -6227 P.O. Box 1888 • Edwards, Colorado 81632 Monday, October 18, 2004 Russel Forrest Town of Vail Department of Community Development 75 West Frontage Road Vail, CO 81657 Re: Vista Bahn Deck Dear Russel: Steve Kaufman has been contacted by Mr. List to have a sound engineer perform tests regarding noise levels at the Vista Bahn Building. We have agreed to allow the testing. However as described in the enclosed letter from the sound engineers (DL Adams), the tests would probably be invalid due to excessive daily construction and background noises as suggested by DL Adams. In the spirit of cooperation we have agreed to the testing but feel the results would be of no significance. I have also been informed today that Mr. List has filed an appeal on the decision regarding the Vista Bahn Building Deck. With no notice to us, this clearly violates the agreement between parties to cooperate in an appropriate manner in order to resolve issues. Clearly Mr. List has set the tone of disrespect against the Community Development, PEZ, DRB and ourselves to work together to mitigate any perceived noise violations. Mr. List has clearly taken an aggressive and antagonistic approach to this issue. This becomes more disconcerting due to the fact that The Tap Room and Sanctuary have never been cited a violation by the Town of Vail of any noise violations. The property is zoned and located in the commercial core (CC 1) of the Town of Vail. We have chosen to work together. Mr. List and his clients have chosen not to work together. With regards to this issue, I feel it would be prudent for the Community Development and Town of Vail to undertake immediate appropriate action to reverse any antiquated rules and regulations that may or may not apply regarding the 50 decibel level as applied to restaurant and Bars. As you understand by this, any restaurant/bar would be a no smoking, no talking, no laughing, no having fun establishment according to Mr. List. All rules at this point would be applied to every Restaurant/bar — not just The Tap Room/ Sanctuary. Is this the image the town wants for its Tourists? Please let me know what else I might do to help. Sincerely, & A M — ueller President THE TAP O ON BRIDGE STREET ANCTUARY 10/15/2004 Mr. Tom List Granite Building, Second Floor 1228 Fifteenth Street Denver CO 80202 RE: Bridge Street Lodge Noise Dear Mr. List, I am disappointed in the stance that you and your clients have taken regarding the noise issues. I thought we agreed to work together to help resolve any open matters. The call I received from you today shows the adversarial stance that has been taken from day one. You told me that you put an appeal in to the town regarding the approval of the deck off the back of the Tap Room, and that you wanted your sound engineer to show his findings to the town at your appeal hearing. It was made clear to me that the approval of the deck was subject to its own conditional use permit and that it had nothing to do with the Sanctuary's permit. If the conditions of the use of the deck were not made clear I am sure a letter to the PEC would suffice for an explanation, but an appeal because something is unclear is unjustified. My sound engineer has been in contact with your expert. They are working together to find the best time to do additional testing. They made a point to do the testing when street construction is at a minimum, but also wanted to test during the day for convenience. I can't control the construction noise during the day but have offered to have the tests done in the evening. It is important that when these tests are done that good information is taken. As stated before my door is always open and it is very important to us that we try to work things out in a very professional ongoing manner. I have made my facility open for testing at any time, under any condition. Tom, in the future I hope you feel comfortable enough to contact me should any concerns arise from my day to day operations so that we can work together to resolve the problems. It seems senseless and a drain on towns resources when most likely we can work these things out on our own. Si rely/ufinan Steven E Cc: Matt Mire Russell Forrest Rick Mueller Brian O'Reilly 333 Bridge Street • Vail, Colorado 81657 • (970) 479 -0500 • Fax: (970) 477 -1393 El MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2003 SUBJECT: A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 76-46, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson SUMMARY The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit, to allow for an outdoor dining deck at the Vista Bahn Building, located at 333 Hanson Ranch Road. The same conditional use permit proposal was approved by the Planning and Environmental Commission on July 10, 2000; however, this previous approval has since lapsed and become void. The applicant is now re- applying for a conditional use permit using the same proposal. Based upon staff's review of the criteria in Section VIII of this memorandum, the evidence and testimony presented, and the Town's previous approval of this proposal, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit, subject to the findings and conditions noted in Section IX of this memorandum. Staff believes that the use of an outdoor dining deck on ,this site is appropriate; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that design alternatives are available which more closely adhere to the criteria for review of a conditional use permit proposal. In addition to a condition use permit, Town of Vail design review approval is also required for this proposal. Town of Vail design review of this proposal may require significant alterations to the proposed outdoor dining deck design and configuration. II. DESCRIPTION OF REQUEST Pursuant to Section 12 -713-4, Vail Town Code, the applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit to allow for an outdoor dining deck at 333 Hanson Ranch Road. This proposal will involve an approximately 510 sq. ft. expansion of the Tap Room's existing, second -floor deck located on the south side of the Vista Bahn Building. A copy of the applicant's request and the associated architectural drawings have been attached for reference (see Attachment B and C). 1 i III. BACKGROUND On July 10, 2000, the Planning and Environmental Commission approved this same conditional use permit proposal, pursuant to Section 12 -7B -4, Vail Town Code. Since construction of the previously approved outdoor dining deck was not commenced within two years of the conditional use permit approval; the Planning and Environmental Commission's July 10, 2000, conditional use permit approval has lapsed and become void. The Planning and Environmental Commission reviewed the current application at its April 28, 2003, public hearing. The Commission requested that the applicant further examine design alternatives for the proposed outdoor dining deck. One of those alternatives was to realign the existing pedestrian access between Hanson Ranch Road and the bike path to be completely located to the east of the Vista Bahn Building. The applicant's evaluation of those design alternatives has been attached for reference (see Attachment D). The applicant is contending that the outdoor dining deck design reviewed by the Planning and Environmental Commission at its April 28, 2003, public hearing is the most appropriate of the design alternatives. The Town of Vail Design Review Board conceptually reviewed the associated design review application for this proposal at its May 7, 2003, public hearing. The Design Review Board was generally supportive of the concept of an outdoor dining deck located on the south side of the Vista Bahn Building; however, the Board was not supportive of the proposed design on the deck. The following is a brief surnmary of the Design Review Board's comments from its conceptual review of this proposal: • The proposed deck design hinders and discourages pedestrian access to the businesses in the Vista Bahn Building and pedestrian access between Hanson Ranch Road and the ski mountain. • Adequate head - height clearance between the proposed deck and the existing pedestrian access stairs is a concern. • The existing evergreen trees should not be removed. • The deck should be located within the Vista Bahn Building property boundaries. • The proposed deck needs to be redesigned with a more logical configuration. • The finish treatments and lighting for the under -side of the proposed deck are a concern. • A smaller deck expansion with abridged walkway connection to the bike path should be considered. 2 • Relocation of the pedestrian access easement entirely to the east side of the Vista Bahn Building should be considered. This may address many of the Design Review Board's concerns and provide an opportunity for an even larger outdoor dining deck, with a more logical configuration, than is currently being proposed. IV. The Design Review Board is tentatively scheduled to review this application again at its May 21, 2003, public hearing. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /approval with conditions /denial of a conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 3 Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the rev►ew process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) Article 12 -713: Commercial Core 1 (CC1) District 12 -7B -1: PURPOSE: The Commercial Core 1 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 Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -7B -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops. Theaters. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 12 -7B -8: CONDITIONAL USES; FACTORS APPLICABLE: In considering, in accordance with chapter 16 of this title, an application for a conditional use 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. 4 E. Development of public spaces for use by pedestrians. 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. 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. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. Chapter 12 -14: SUPPLEMENTAL REGULATIONS 12- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. B. Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated with appropriate covering. Chapter 12 -16: CONDITIONAL USE PERMITS 12 -16 -1: PURPOSE, LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain 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 with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or 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 permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. 5 f Y Vail Village Master Plan The Vail Village Master Plan includes the following goals and objectives that staff believes are applicable to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. VI. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Development Standard Allowed /Required Existing Proposed Lot Area: 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Building Front: Per Vail Village 0 ft. no change Building Sides: Urban Design 0 ft. /2 ft. no change Building Rear: Guidelines 22.5 ft. no change Rear Deck (south): 21.5 ft. 1 ft. Stream: 30 ft. 19 ft. no change Building Height: 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change Density: 25 units /acre 1 units no change GRFA: 3,716.8 sq. ft. 3,507 sq. ft. no change Site Coverage: 3,716.8 sq. ft. 3,949 sq. ft. no change Landscape Area: Per the Vail Village 314.6 sq. ft. no change Urban Design Guidelines Parking: 15.7 spaces 0 spaces no change 6 VII. SURROUNDING LAND USES AND ZONING VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes there are other design alternatives which more closely adhere to the development objectives of the Town. 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. Staff believes that this proposal, as designed, will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Bahn Building which provides access between Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 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 believes that this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 7 Land Use Zoning North: Mixed Use Commercial Core 1 District South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 (Commercial Core 1 District) VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. Consideration of Factors Regarding the Conditional Use Permit Relationship and impact of the use on the development objectives of the Town. Staff believes the use of an outdoor dining deck at this site is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes there are other design alternatives which more closely adhere to the development objectives of the Town. 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. Staff believes that this proposal, as designed, will have a negative effect on the light and air for the pedestrian easement located along the east and south side of the Vista Bahn Building which provides access between Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 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 believes that this proposal, as designed, will have a negative effect upon the pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. 7 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 believes that the proposed use of an outdoor dining deck has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. Staff recognizes that this site has a commercial zoning, however, there are residential uses adjacent to the proposed outdoor dining deck. The proposed deck has been designed with a nearly eight foot setback from the Bridge Street Lodge Building to address the requirements of Section 12- 14 -14, Vail Town Code, as referenced in Section V of this memorandum. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. Pursuant to Section 12 -7B -8, in considering an application for a conditional use permit within Commercial Core 1 district, the following development factors shall be applicable: Consideration of Factors Regarding the Conditional Use Permit in the Commercial Core 1 (CC1) district A. Effects of vehicular traffic on Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. B. Reduction of vehicular traffic in Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. C. Reduction of nonessential off street parking. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. D. Control of delivery, pickup, and service vehicles. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. K! E. Development of public spaces for use by pedestrians. Staff believes that the proposed design of the outdoor dining deck will have a negative effect upon the light; air; and pedestrian safety, convenience, and access of the pedestrian easement connecting Hanson Ranch Road and the bike path. The proposed deck design will cover a significant portion of a public pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. Again staff believes that an outdoor dining deck use is an appropriate use on this site. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more appropriately accommodate public pedestrian spaces. 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. Staff believes that this proposal will have minimal, if any, negative impacts on the above - described criteria. However, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that other design alternatives are available which more closely adhere to these criteria. 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. Staff believes that an outdoor dining deck located on the south side of the Vista Bahn Building is consistent with the character of the Commercial Core 1 district; however, based upon the Planning and Environmental Commission and Design Review Board's review of this proposal to date, staff believes that there are other design alternatives which more closely adhere to these criteria. The proposed deck design will cover a significant portion of a pedestrian walkway and will result in a dark, uninviting walkway that will not appear to be for use by the general public. The Design Review Board has also noted specific concerns about the applicant's proposal to remove two existing, mature evergreen trees to accommodate the proposed dining deck. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 district. Staff believes that this proposal will have minimal, if any, negative impacts on odor, dust, smoke, and other factors on the environment. However, staff believes that the improper use of the proposed outdoor dining deck may have negative effects of noise on the environment of the Commercial Core 1 district. Copies of complaints from the Vail Police Department Christiania Lodge have been attached for reference (see Attachments E and F). E The proposed outdoor dining deck is located within the Commercial Core 1 (CC1) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. The Planning and Environmental Commission shall make the following_ findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. IX. STAFF RECOMMENDATION The Community Development Department recommends approval with conditions for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 76-46, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1" Filing. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence presented, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 (CC1) 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 10 2. The applicant shall receive express written approval for this proposal from all effected utility providers; and the applicant shall submit said documentation to the Town of Vail Department of Community Development prior to final design review approval. 3. The use of the outdoor dining deck shall begin no earlier than 7:00 AM and end no later than 10:00 PM daily. 4. Amplified sound shall not be permitted in association with the use of the outdoor dining deck. 5. The use of the outdoor dining deck shall comply with the provisions of Section 5- 1-7 (Noise Prohibited), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. 6. Any outdoor lighting associated with the outdoor dining deck shall comply with the provisions of Title 14 (Development Standards), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. 7. Any signage associated with or displayed upon the outdoor dining deck shall comply with the provisions of Title 11 (Sign Regulations), Vail Town Code. Failure to comply with these provisions shall constitute both a violation of the Vail Town Code and a violation of the conditions of approval for this conditional use permit. X. ATTACHMENTS A. Vicinity Map B. Applicant's letter of request C. Architectural plans D. Applicant's letter addressing design alternatives E. Vail Police Department noise complaints F. Christiania at Vail guest complaints 11 [i ;fig y � „• .^']' ♦� d k �• 4 M Vi �+t • tt � �� .. 'rte P� �� f .�§�: ! ` ~ T 3. �' � s' � � ��•�. W n, :�dJ ? U y " W ,q •�:�;'R :�'r W � ` � w �" , F Ej' t ' �• ' Hr' li x . ��t Q3 � � , y k 1 y Y � � - 7N v jai +' p` z �" " �v� f� - a ':1. �}�7 � ; ,.5r `-" -r I s yq wx Will P�`�' a '�` t �^ ']� .x �, ��� �'`+, �' ���• 3 `1� •• � t t``. f &- �M,.bnr Y `5 4y y . '>� Y �''° _. + w - � A �•xty'F�al}S`< _�. " �} w Z .« •�� •e+ .�s' ", � '�r .�,y.: ..� ..T � h' JI � {.- � ��� f � " . N :• y't�.. qtr sia4 '91� Fy vn s a ' r ' } fir its '' ^{� ^'k,q a � , .ur<,,-•a s. g 1.1 �+Fr , "'' �, .+! ;:+:. �". +y` S �" ^ts'i`".•fs*i7ty y w ` 'I+� + FY' r '�, F �` a � .r. S 'R s+ � t ro..t•m �' ^ s < 'v "�' a ', ��,��, , t �' � as " v1i+` 4 ' . • +fir �� a .a a ,f�,�'+.. �1 ' � h,'7t�] C' � - �S ': � w+. � '" r � � �. ...A'• ��� 'a�°��i � r y =,^] ��•c: "s ] ,I`. �. i. a •. .��,« a f , _ N�'>r�•� � Vi r x `t ti, ,� ���f t, �'�� t' `. ��� k�= e� •�wi ' Aar`' ' � - `,+� "� i j�s�k u N A, ,� 4 �"` t ?- ��`�'�?� } l , '� T Mr A' �ir'£;jih ,J\ "' �;i, ay r 1 � q '�? / ��p•u'�y',�� i ,� f �. y o } 11 leg IV E L' ?4+ �n^•V � a� ' " Attachment A 4jn s , 777 w t Attachment: B Variance Request Deck Addition The Vista Bahn Building has been, and continues to be, a key element in the fabric of the community center of Vail. It was a commitment by the owners of the Vista Bahn Building to upgrade and improve the interior as well as the exterior of the structure upon purchase. The first priority was to complete major interior upgrades and quality improvements. The second and already accomplished priority was to improve the appearance of the building exterior. The approved deck was to be built last year but was not done due to cash flow considerations. Positive benefits to the public were demonstrated with that approved application. To summarize the discussion of the hearing on the original application, the following were the main points: 1. The benefits of allowing the addition outweighed any potential negative impacts of the improvements. 2. The proposed use met key Master Plan goals. 3. Improvements to existing structures are strongly encouraged. 4. Concentration of tourist services should occur in the CC 1 Zone District 5. A hardship clearly exists due to the lack of alternatives for provision of out side dining space. 6. The space below the new deck is, for the most part, paved so very little new impervious surface will be added. The planned improvements in this new application are identical to the previous one. Not only are the conditions essentially the same the need has intensified. 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KR, - "W - ,SIX . if - ir T Eo E =7 �i 11, :7 - v; . I X �� � � �� �� i MAY. 6.2003 3:06PM Vlanning semces, inc. May 6, 2003 Via Fax #479 -2452 Mr. Bill Gibson Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 RE: The Vista Baba Conditional Use Permit Dear Bill: Attachment: E As the Planning and Environmental Commission requested, we have researched issues related to the suggested option of moving the public stairway at the South side of the Vista Bahn Building. Both physical and financial impacts have been analyzed. On Monday, May 5` I met on site with two representatives of Holy Cross Electric for a thorough review. There was immediate concern stated by them, as existing access to the transformer is extremely difficult, The goal of Holy Cross is to have access by large vehicles when necessary. This includes cranes to remove and replace the existing transformer as may be needed. Mill Creek, existing buildings and large trees contribute to the high degree of difficult access currently. While the new deck would not exacerbate that condition, there remains concern by Holy Cross. The basic response appeared to be that the deck, as currently designed, would not Rather affect the transformer, The design also avoids impacts on the large junction box that is located near the transformer. 'These are major and critics] electrical devises for a large part of this section of Vail. Holy Cross is very opposed to any change, which may affect these facilities. Based on the underground extensions from this device, there is a very considerable wire complex buried at this site. No precise drawings are available, however. The stone faced concrete retaining wall which is located on Town of Vail property east of the building would probably not meet standards of the current stream setback regulations. Its location essentially eliminates the possibility of both an access at ground level to the steps that lead to the base of the mountain and a parallel set of steps leading to the bike and pedestrian path. The area is just too narrow unless the stream setback regulations are violated, box 947 - eagle, cc 81631 - 970.32S.6299 - fax 970.328.6254 lops ®vail.net MAY. 6.2003 3 :06PM N0.129 P.2/2 An important and complex telephone operation device is also located here. It is a significant unknown matter of the extent of buried cables, etc. here. The current proposed design of the deck avoids all of these issues. That was a significant design factor in the initial decision by both the building owner and the Town of Vail, As noted above, there remain some unknown items, particularly the exact arrangement and location of the underground wiring. Without estimating the cost of the unknown items, removing the existing stone and concrete wall, removing three trees and replacing the wall further to the East and closer to Mill Creek, adding a new set of stairs, and adding landscaping and trees to replace those lost, is in the $80,000- $100,000 range. This is considerably more than the cost of the proposed deck. . The matter of moving closer to the stream was not discussed in much detaiI. At the previous hearings, in 2000, this was highly discouraged, thus resulting in the previously approved and current proposed design. I hope this has been of assistance in your considerations. Please call me at your convenience to discuss fiu'Yher. Be Terrill Knight cc; Warren Campbell -- Fax #479 -2452 Rick Mueller — Fax #926 -6227 Attachment: E O z a R F F m 0 F � Ro y O N m F m 0a O o 7 \ W o y N ° z W O Ol z U .W W r�z zN a r a 0 [-H4O W a aaaca Q 10 rW 06 U U M W r 0a p a o H C G U(] Ch o ov N u7 p N N Ck W 94 r. a0aa .4aWO N F 99.8 AE a U H x c� N z w O 0 a w H R CO z O F I O 7 W y M N O1 0 0 S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0000000000000000000000 0000000000000 a ° a ° 0101 ° a ° a 00 a ° 0101 ° a ° a ° a ° 0101 ° a ° aaa ° a ° °° 0101 ° °° 0101 ° a ° ° ° a$a ° a ° a ° ° ° a ° 0101 ° a ° ° ° a ° 0101 °° ° 0101 ° ° ° a m aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F W NH. -1.-1 N1nOm.- 1. -1rt 1�1N 1�1 Omb 1n ON�rn v mN O.- 1 1O $ 1n O 1f1 1f1 n1 '•I N 1'1 v v O r•1 rl N v 111 N 1n v .-1 1'1 H N r•1 O N 1�1 rl O v O ^1 O 111 O 1t1 rn v H F ln ammo NNOin O OOH ov N a 1 LOOO v v vn v in w in r r r v NO 1'1 Nr•1 ON NN v v r•1 111 rnrl O N 1nOOrn v v v 111. -1 r•1 N.-1N NO OH 1�f N O N N N n1 n1 N to O N to O rl rl N 1'1 N N N N N H N N N N N N N 1n .-1 N N N N Al to N O N O N N O N N N N NNNN N N N N N N N .-1 N N N wWWWWWwwwwwwwwwwwwWwwWWwwwwwwwwwWwwwww r] w H W W W W W W H W H W W W W W W H H W H H W W W W H W W H H W W H H W W H H a H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N H H H H H H H H 5H z z z zz z z z z zz O zz 00 zz zzzz zzzzzz z zz zzz zzzz z zz zzzzz z O O O O O O N H N N N .•i N H N N N N N N N N N N N N N N N N N N N N N N Al n1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O bv.••IN OOmOr r Nr mr m0 v mP1 r<f r•f bO min In l�f r•f n1 v v vm0.•iN Nv a NNrn rn 111m r•f n1 mm -1N N.••1 .•1 N r•f n1 n1 n1b r r mm mm mmmm m N v v E. 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W a a O a z W Attachment F -�- - --- -------------------- — She ' / -/ � 2. Did you have any problems finding the Christiania? 0 N 3. Do you +eel that checking in at the Front desk was easy? N 4. Was the front desk agent helpful? 0 N 5. What is your unit number? / p22L— 6. Are you satis ied with your unit? If no, please explain. N 7. Please rate yo_r :. "A "F" ('�„ being the best;. 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge e 41 10. Does any member of our staff stand out? Please state their name and why. 11. Would you stay in t;nis particular unit again? � N 12. World you stay at another unit owned or managed by the ChristiamatY N 13. Do you have any further comments,0omplaints or suggestions? Thank you and enjoy your stay!!! VI/o/ P tIA � A,�. ku,- "4 "t- 7 - 4r J�- 4,ZW XX 4-�' 1 7k-k",j ct� P— ,t�- �A ICJ �.►� �� W13 5. &4,lr-OLd D Co. 8a t i . p G����i `G7i J�✓r1�� 2-ool tt %�2Pl� /tel'2G�f U� VaLP lf/z UC.� ivrad af Cf SGT; ri, n,�oi. ir�✓�^ �2Gw'7Ji!� ow.a1f�,��hnu• �21 ' �� i Orly,( ^cent �'✓Xvi 1� "t�"7sF�✓^ a %� ��?.vn�� C �u,eJ U PersonaleSpirituaI Empozvermellt September To the Town of Vail L Dix Winston, III My name is Dix Winston. I have been coming to Vail for business and pleasure for over 15 President years. You have a wonderful town, as well as a world class ski area. The lodgings and restaurants are unsurpassed in excellencies and delicacies. BOARD OF DIRECTORS But it is with great regret that I will now have to start considering other mountain venues for Ji. Burke both business and pleasure. Petro- Source For the past six years my family has spent Labor Day Weekend in Vail. It is a yearly highlight Randall Clark eagerly anticipated by us all. Also for the past six years I have conducted a men's retreat averaging 30- Cherokee Inwsiment Securin 40 men on the weekend following Labor Day. It has been our great pleasure to stay at the Christiana Dr Job. Hearrin Physician Lodge for both weekends. The Christiana is such a special place, quaint and "non- chaniney ", and up until the last two years it has been quiet and restful. One of the things my wife and I looked forward to Bob Pomeroy HoRand &Hart each year is opening the window and being lulled to sleep by the soothing sounds of the creek behind Bruce Porter the Christiana. Porter Construcuon The past two years have not been as enjoyable or as restful due to the non stop evening noise BOARD OF REFERENCE from the Tap Room. Over Labor Day, even with the windows closed, my wife had difficulty finding Dr.JIm DLron sleep. The booming bass, drunken howlers and crass cacophony went on well past midnight. The Chern Hills CommuninChurch Men's weekend of the 7 -9 was no different. It was only with a fan running in the room, windows Hank Hangrm_(j closed, and ear plugs firmly in place that I was able to sleep. CRI. Tihle Am er )I of I was not the only one disturbed by the aforementioned establishment. Many of the men Stow Xelrp reported difficulty sleeping due to the dissonant din from the Tap Room. K0A Radio This situation needs to be addressed. Their freedom to disturb should stop at my freedom to 31tke JkCetrlrk McGetrick Goff Schools sleep undisturbed. I would like to continue bringing my family and my business associates to Vail. But not if Dr. Tam.flelton Gmenood Communin Church this noxious noise continues unabated. Sincerely Yours, Q I. Dix Winston, III President INIP:1CT! • 5415 DTC Padavac • Suite 900 • uigle% %ood, Co • 50111 • 303.770?8 i8 • Fax: 303'71,9170 • F. -Mail: cointpact @ AOL.CON1 - -_• uvv- 1 0'1 -4718 N"L EXCELLENCE IN EDUCATION ASSN. 2 A) NE People of the Book Cartel '4 melsways@juno.com U S 1672 S. ADAMS DENVER CO 802 to 1. D ou feel making your reservations — as sy. 2. Did you have any proble s finding he Christtia? ire/ J , rO d d I �� ; o r (/ J/ I � 3. Do you feel that checking in a the Front desk w s easy? Y- !: 4. Was the front desk agent helpful? Y N 5. ' What is your unit number ? -3 6. Are you sa with your unit? If no, J pleas 1 e explain. y p� �! �t r I t- �° GIB (�P U �i1 S 1�t1 U r / I ► y f `/ J V Y'1 1M U✓ �' i /!lam �i �i - I o�/1it O( VU112 U 7" r b S: VC. 7. Please rate your unit, "A "- "F" ( "A" being the best). A B. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. 10. Does any member of our staff st ?nd Pie se state their name and why. �,,� wk S VGA y �i. S w� s ►� a uJ 1�� J� �' 11. Would you stay in this particular unit again? Y K 12. Would you stay at another unit owned or managed by the Christiania? 0\ 13. Do you have any further comments, complaint: Tv' • C' V'r - A-S G\ lam._ " V `l P W6,; � A ro'Otd VkL o yJ or suggestions? rr > f ✓' it �� w q & 4 G1 VV O -Y• 11 SS � � 1 r kv �; ( (A h 5 : cC4 t C `' n i L. y 117 ( s,11, , .... . G ,,,�•ti L 1 �° � C � '}�d�- (r it�G�4 y ►� � ,.� vw w_o w �. wt ac� Thank you and enjoy you stay!!! i ��" �✓ '''' r '� Gay S i 4 U Zi vt J G YW W 1111V On irU ' u P.v� �r r � e er� 4 wwy f Imo. -P r e at e s e Tl:fA i n� i �► lrr,✓ 1-� AYE -/Y6 `/� r✓LYL, lairl�i+. 1 (/ � - ---------'---------- -----'-----------'-------- ^ --------------- _._,__... - - - - -- . a--, -- -- --- N2 C,t,Ce� zj J ? VvL V/L 4�zl U r r' I Date: R- 'z —02 � Y \/ 1. Do you feel making your reservation was easy? Y N 2. Did you have any problems finding the Christiania? Y 3. Do you feel that checking in at the Front desk was easy? (Y ) N 4. Was the front desk agent helpful? (YD N 5. What is your unit number? 6. Are ycw satisfied with your unit? If no, please explain. Y 1� 7. Please rate your unit, "A "- "F" ( "A" being the best). 8. Please ra e t;ie hoi sekeeping service. -- A -- E-'. Please rate is �c- overall service of tine Lodge. _ f1 10. Does an • member of our staff star:d out? Please slate their name and why. 11. Would you stay in this particular unit again? Y h' 12. Would you stay at another unit owned or managed by the Christiania? T�N 13. Do you have any further comments, complaints or suggestions? ? L / 1- 41 ' 1 7?� C n: Thank you and enjoy your stay!!! 'OC v -C2 4t , ( - , r L qv-4� e � v Lk/t-4 C' , wt 13 t 4 Chu r Lu 04 � M. �I,C•'Yr� T-L L k7 041, ou, L) Ad ., Cj C241-,-� - ,6, ; v C( J-C- /c/I cz, jpzt 'k, 60 4a� a.�, eoA O-A c: ce'l e, -T-Zd 5 Loo LI-If e-I ca,b-' /V I 4"a art C' RIS - tMW i Al I/A!C_ S6 A.5; ?gin z- d orA DaMWC-7 0M ST4� // T ' 'M4 L6E> 2 �� A)E N6f- ' I/M Dl -rUI F66D DV67/e Tt /E ZQ�ID 1JolSF FND 0�� ,UZ7;✓ �c ° ^: «'6 2C?1"� _Tf LARCH C �U v��S of )1ouNG t4 LTS ORllll( M)6 / N i tlC AFTER err1.et1.1c fo,? fih�F L- fftVin/G - 7 - NF I1o.l sf UK — 77 /E P;U/L bIM6 tVExT C) P— ` ; C/S /&41<E u� ✓iii /fC���;T c AN. P/ OUR /lO."1E joUJ , oJ ,q 5t9/atwL COMI- ttip !rT; -' 1n✓ t �,PTTIYTF A160 vorc (c W6- 144lc' 01 t�Np A (jf�l'/ Gor ✓TAiC�EI LAUj 7o 6ovcR) — IIYI s 7YI o,�X CTWI rY / Woa p you kE yl ctJ C 4 i - yoaR- ,v nc r c76✓rl 60/iRb 1 1,66 r /N( . You �iCC Pal f'Itr / /y/ tWex AMt r � �rC�E P ', 13'30 9 flfc�/►>' >0 Date: ce ,,F9 Q/-3 1. Do you feel making your reservation was easy? 2. Did you have any problems finding the Christiania? 3. Do you feel that checking in at the Front desk was easy? 4. Was the front desk agent helpful? 5. What is your unit number? 6. i y ou sa1.1 H U f' /ILI I your U111t if no, please explain ON Y - LJ N Y@ -N �dtD OY N 7. Please rate your unit, "A "- "F" ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. 10. Does any member of our staff stand out? Please state th Ir name and why. 0s �. U-411 01 1 /I+ �, QP 11. Would you stay in this particular unit again? V Y N 12. Would you stay at another unit owned or managed by the Christiania�nN 13. Do you have any further comments, complaints or suggestions? I 9 ,,00000006 I N� v - 7 4 Z.4 ex aJ G" rc, 7 tie - �� �� ��'' ������ : ����� - � -rte /�.1 - C C,�,, �� -� . ....... .... �, CC I J 714, 2 4, L7- L `-' �"'C .�LJ - L . '�r "C �"�, r ",� ✓ �l.G �L'W'vl "S/ - ��'� -" •l I ✓ �� � J � ✓ - C. CC 4'f 62 1 7 t Guest rvices Surve 6. Are you satisfied with your unit? If no, please explain. Y N �•�t�oM r�21 -�C �pA %Z-noaM .�'t -T tJ t��c'r . %.A-; E, ,l.T 7. Please rate your unit, "A "- "F" ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. U a 10. Does any member of our staff stand out? Please state their name and why. 11. Would you stay in this particular unit again? Y b�K ole- 12. Would you stay at another unit owned or managed by the Christiania N �♦ 13. Do you have any further comments, complaints or suggestions? Thank you and enjoy your stayM Date: 3) b ° Z 1. Do you feel making your reservation was easy? N 2. Did you have any problems finding the Christiania? OY N 3. Do you feel that checking in at the Front desk was easy? N �� ►�� . 4. Was the front desk agent helpful? O N f �� 5. What is your unit number? 30%J 6. Are you satisfied with your unit? If no, please explain. Y N �•�t�oM r�21 -�C �pA %Z-noaM .�'t -T tJ t��c'r . %.A-; E, ,l.T 7. Please rate your unit, "A "- "F" ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. U a 10. Does any member of our staff stand out? Please state their name and why. 11. Would you stay in this particular unit again? Y b�K ole- 12. Would you stay at another unit owned or managed by the Christiania N �♦ 13. Do you have any further comments, complaints or suggestions? Thank you and enjoy your stayM /NIL '7 7 4 t 1 71' 77 ' 0 Z i o 9. L Guest Services Surve Date: 7 — / ' — ev 2---' 1. Do you feel making your reservation was easy? 2. Did you have any problems finding the Christiania? 3. Do you feel that checking in at the Front desk was easy? 4. Was the front desk agent helpful? 5. What is your unit number? 6. Are you satisfied with your unit? If no, please explain .D N YQ OY N O N .3a2 0 N 7. Please rate your unit, "A "- "F" ( "A" being the best). 8. Please rate the housekeeping service. 9. Please rate the overall service of the Lodge. DK 10. Does any member of our staff stand out? Please state their name and why. 11. Would you stay in thus particular unit again? Y 12. Would you stay at another unit owned or managed by the Christiania o N 1 � 1 13. Do you have any further comments, complaints or suggestions? /, j� L7 Cf l/ /- �/bQ •} O 2 ,v /'4� (,S If- Lu l u4 1W 7af J,2 OU Z A i✓ r ✓t S Thank you and enjoy your stayM r 0 y P ' �p' "`� e-r— n.✓ T/'!r r`� Maass, Brian Modified: Wed 1/15/03 6:46 PM \ 1/14/03 John Everly General Manager Christiana at Vail 356 East Hanson Ranch Road Vail, Co. 81657 Dear Mr. Everly- Thanks for taking the time to read my letter. I hope it is of some benefit to you and the Christiana. A couple of winter seasons ago, me and my wife rented a unit at the Bridge Street Lodge through the Christiana. It was very nice and we had a terrific weekend. So when we were headed to Vail again last weekend(January 10th and 11th) we contacted the Christiana. I believe I may have called on Thursday, January 9th. I spoke to two different reservations people during the afternoon /evening. Unfortunately I don't remember their names, but I think one may have been Christine. Whomever I spoke to told us they had one room left at the Christiana, a garden view at a reasonable price. I specifically asked questions about the view and whether it was noisy, as I am a very light sleeper. The reservations person also mentioned a unit available at the Bridge Street Lodge( #304). There were rooms available at other places(Marriott etc.) and for less money. But after talking it over with my wife, we called back and got a different reservations person. We took the Bridge Street room due to our previous good experience there. No one mentioned anything about any noise problems in the building. Mr. Everly, #304 was a perfectly lovely studio. However neither one of your reservations people mentioned to us that there was a new disco in the same building- I believe it is called The Tap Room. The hideously loud music began both Friday and Saturday evenings continuing until approximately 2a.m. The thumping, vibrations and revelers were unbearable and kept us awake all night, both nights. Saturday night my wife, Erica, actually retreated to the bathroom and slept on the floor , to get away from the noise. Thats how bad it was. I believe unit #304 may be the unit in the building closest to the disco. When we checked out Sunday morning, sleepless and grouchy, the young lady at the Christiana desk was sympathetic and understanding. She told us The Tap Room had opened recently, and that Christiana reservations people are acutely aware of the issue. In fact, she said they are supposed to tell prospective guests about this noise issue. We had been told nothing, and thats not right, nor fair. We're disappointed that your people made no mention of the new disco and the noise. If they had, we would have either stayed at the Christiana, or made other arrangements. Obviously, we won't stay at the Bridge Street Lodge again, and we will advise friends going to Vail of the problems we encountered, and where they should not stay. I hope that as a matter of good business you make it a rule to have your employees disclose this issue to prospective Bridge Street Lodge guests in the future. Anything less would be misleading and deceptive. TO 970- 476-0470 FROM 4954017 18MAR03 1749EST 72737165 PAGE I OF I 4ok' TRIPS AWAY TRAVEL INC. 13 Jay Street • Tenafly, NJ 07670 , (201) 569.1812 -FAX (201) 569.8226 A T T E N T I O N CHRISTIANIA A T T E N T I O N CHRISTINE PER OUR TELEPHONE COYVF,RSATION I WOULD LIKE TO FILE TWO COMPLAINTS FOR MY CLIENTS JONATHAN BERNSTEIN MAR ©B -12 4 NIGHTS AT BRIDGE STREET LODGE IN A STUDIO SAID IT WAS SO NOISY HE HAD TO MOVE WHICH LUCKILY WAS AVAILABLE STUART SILBERSTEIN MARCH 12 -16 BRIDGE STREET LODGE ALSO A STUDIO HAD MANY COMPLAINTS MOSTLY HOWEVER THE NOISE HE COULD NOT BE MOVED I RAVED BOOKED VARIOUS STUDIOS AND CONDOS WITH YOU OVER THE YEARS AND WE HAVE A VERY GOOD WORKING RELATIONSHIP BUT I WILL NOT BE ABLE TO BOOK THOSE UNITS ANYMORE THANK YOU ROBERTA WEISS TRIPS AWAY TRAVEL 05/08/2004 11:17 2626394431 ROBERT BISSEGGER PAGE 02 COSME'ric" & RESTQRATiVE 'DENTISTRY FOR YOUR FAMILY 3801 WASHINGTON AVFNL)F, RACINE.14'ISCONSIN S,WIIS • 1 1 HONE 262-633-8231 April 28, 2003 Re- Proposed Deck Addition to the Tap Room Dear Mr.Gibson, 1 am an owner of a condominium in the Bridge Street Lodge ( Unit 302). The unit is on the northeast corner directly adjacent to the Vista Bahn Building. .I have the following concerns regarding the proposed addition to the Tap Room deck. • From my balcony l will directly overlook the addition. It is a matter ol'only a few feet from my property and would directly obstruct my view of the adjacent Creek. • The deck would have the effect of turning the residential mountain setting and the entire Mill Creek Circle Area into a commercial setting. My family and the guests who rent my unit appreciate the sense of serenity that the unit offers. The addition of this deck would severely detract from the environment. Additional noise in a primarily residential environment. This is being billed as a "dining" deck. It is my understanding, from speaking to Mr, Terrill Knight, that only light food will be served and the deck will be primarily used for alcohol consumption. I have already, on several occasions, had guests ask to be relocated from my condominium due to excess noise coming from the Vista Bahn Building. Additional noise would only exacerbate the problem. Approving this deck will downgrade the entire residential community surrounding it. 1 strongly oppose approval of the project. My views represent my brother Peter Bissegger, and my father Arnold Bissegger, who collectively own four additional units in the Bridge Strcct Lodge, Sincerely, Roberti , Bissegger,D.D. . MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 17, 2003 SUBJECT: A request to proceed through the Town of Vail development review process for the proposed construction of improvements on Town of Vail property, located at 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1St Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is the Vista Bahn Building, located at 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1S Filing. The property is zoned Commercial Core 1 (CC1). III. BACKGROUND AND DESCRIPTION OF THE REQUEST Remonov & Company, owners of the Vista Bahn Building, are proposing to construct a new outdoor dining deck at the Tap Room, located at 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1S Filing. Remonov & Company is proposing to construct a portion of their new deck on Town of Vail property located directly south of the Vista Bahn Building property boundary. Remonov & Company must receive permission from the Town Council, acting as the property owner of Tract H and Tract E, Vail Village 1 st Filing, to proceed through the Town of Vail development review process. Therefore, the applicant has submitted a request to proceed through the Town of Vail development review process. For your reference, please find attached a vicinity map and a conceptual, architectural drawing of the proposed outdoor dining deck at the Tap Room. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve this request to proceed through the development review process. Please note that an approval of this request does not constitute an approval of the proposed entry renovation; it simply allows the applicant to proceed through the development review process. The Town Council will be informed of the status of the proposal through periodic updates of the DRB and PEC meetings. V. ATTACHMENTS A. Vicinity Map B. Conceptual architectural drawing MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 28, 2003 SUBJECT: A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 76-46, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 5 ' Filing. Applicant: Remonov & Company, Inc., represented by Terrill Knight Planner: Bill Gibson SUMMARY The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit, to allow for an outdoor dining deck at the Vista Bahn Building, located at 333 Hanson Ranch Road. The same conditional use permit proposal was approved by the Planning and Environmental Commission on July 10, 2000; however, this previous approval has since lapsed and become void. The applicant is now re- applying for a conditional use permit using the same proposal. Based upon staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve the requested conditional use permit, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Remonov & Company, Inc., represented by Terrill Knight, is requesting a conditional use permit to allow for an outdoor dining deck at 333 Hanson Ranch Road. This proposal will involve an approximately 510 sq. ft. expansion of the Tap Room's existing, second -floor deck located on the south side of the Vista Bahn Building. A copy of the applicant's request and the associated architectural drawings have been attached for reference (see Attachment C and D). III. BACKGROUND On July 10, 2000, the Planning and Environmental Commission approved this same conditional use permit proposal by a vote of 4 -0. Since construction of the previously approved outdoor dining deck was not commenced within two years of the conditional use permit approval; the Planning and Environmental Commission's July 10, 2000, conditional use permit approval has lapsed and become void. 1 il t The Town of Vail Design Review Board will be reviewing the associated design review application for this proposal at its upcoming May 7, 2003, public hearing. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /approval with conditions /denial of a' conditional use permit. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. Conformance with development standards of zone district. Design Review Board: Action: The Design Review Board has no review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 2 it, V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) Article 12 -713: Commercial Core 1 (CC1) District 12 -7B -1: PURPOSE: The Commercial Core 1 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 Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -7B -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops. Theaters. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Chapter 12 -14: SUPPLEMENTAL REGULATIONS 12- 14 -14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed fifty (50) decibels outside the enclosing walls or ceilings of the use. B. Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated with appropriate covering. 3 ,r r Chapter 12 -16: CONDITIONAL USE PERMITS 12 -16 -1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain 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 with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12 -16 -8: PERMITAPPROVAL AND EFFECT: Approval of conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Vail Village Master Plan The Vail Village Master Plan includes the following goals and objectives that staff believes are applicable to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 2.5 Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. VI. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use 4 'A a Development Standard Allowed /Required Existing Proposed Lot Area: 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Front: Per Vail Village 0 ft. no change Sides: Urban Design 0 ft. /2 ft. no change Rear: Guidelines 22.5 ft. no change Stream: 30 ft. 19 ft. no change Building Height: 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change Density: 25 units /acre 1 units no change GRFA: 3,716.8 sq. ft. 3,507 sq. ft. no change Site Coverage: 3,716.8 sq. ft. 3,949 sq. ft. no change Landscape Area: Per the Vail Village 314.6 sq. ft. no change Urban Design Guide Plan Parking: 15.7 spaces 0 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Commercial Core 1 District South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 Commercial Core 1 District VIII. CRITERIA AND FINDINGS The review criteria for a request of a conditional use permit are established by the Town Code. The proposed public utility and public service use is located within the Outdoor Recreation zone district. Therefore, contingent upon adoption of the aforementioned proposed text amendments, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12 -16 (Conditional Uses), Vail Town Code. A. Consideration of Factors Regarding the Conditional Use Permit 1. Relationship and impact of the use on the development objectives of the Town. 5 Staff believes the applicant's proposal is in concert with the Town's general development objectives and more specifically those objectives of the Vail Village Master Plan as identified in Section V of this memorandum. Staff also believes that this proposal will have minimal negative impacts on existing or potential uses in the surrounding area. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Outdoor Recreation 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. D 0 IX. STAFF RECOMMENDATION The Community Development Department recommends approval with conditions for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 76-46, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1' Filing. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence presented, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Core 1 (CC1) 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 use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 1. This conditional use permit approval is contingent upon the applicant receiving Town of Vail design review approval for this proposal. 2. The noise output from the use of the outdoor dining deck shall comply with the provisions of Section 5 -1 -7 (NOISE PROHIBITED), Vail Town Code; and amplified sound shall not be permitted in association with the use of the outdoor dining deck. X. ATTACHMENTS A. Vicinity Map B. Public Notice C. Applicant's letter of request D. Architectural plans 7 ir `�` e 4',ktkn W ar.. _ s� r +- - .i4t� tt ►ilAj�£tN. ' ` ! r Y �� "O'T" � ^ • t..+rT''Er?����'t 44. � 4 .-'ii $1 y �j�� �, ��.1, Ft Y,„ 'may, 'iy ��y{'��i_• t' S Y+".`.'{ ?� S ;apa• 'py ,, �% f .'i fr! '�`,+..' -s.ro$ �{A K '� °'�' .;' °�* ,r .u'�� 1i F ° .FWv b \tv,. !� qq 1� � �p � ° � �A� ! r� sue. ,,.ywk „- 1NWW1' +n, t 'rtF * j� .X. "i^`ycx.M 'ar •♦ �a + F ',',i� r y k l �, Jr s sa ir 1�lM* A JA W. Attachment A K,� -+ A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: B 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 of the Vail Town Code on April 28, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for a covered pedestrian entrance, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1St Filing. 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. 6, Vail Village Inn, pursuant to Section 12- 9A -10, Vail Town Code, to allow for a change in use, to increase the GRFA and to increase the number of dwelling units, located at the Vail Village Inn, 100 E. Meadow Drive /Lot O, Block 5D, Vail Village 1St Filing. Applicant: Edna & Claus Fricke, represented by Fritzlen Pierce Architects Planner: Matt Gennett A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett A request for a recommendation to the Vail Town Council of proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple - Family (LDNIF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Bill Gibson A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with Section 12- 76 -4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 St Filing. pplicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Bill Gibson An appeal, pursuant to Section 11 -2 -1 B (Administration; Appeal), of an administrative determination that a business identification sign does not meet the technical requirements of Section 11 - 4B -12135 (Projecting and Hanging Signs), Vail Town Code, located at the Vista Bahn Building, 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 Filing. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. ° Planner: Warren Campbell A � Y .. Cr 1 TOWN OFVAIL �' r The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department office, 75 South Frontage Road. The public is invited to attend the project orientation held in the Town of Vail Community Development Department office and the site visits that precede the public hearing. 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 additional information. This notice published in the Vail Daily on April 11, 2003. K s VISTA BAHN ADJACENT PROPERTY OWNERS March 18, 2003 21 U 1- 082 -42 -OU 1 Remonov & Co. 298 Hanson Ranch Road P.O. Box 1888 Edwards, CO 81632 2101 - 082- 42 -O08 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 2101 - 082 -69 -010 — Unit 112 Vail Corp. ' P.O. Box 7 Vail, CO 81658 2101 - 082 -42 -009 Town of Vail 75 S. Frontage Road Vail, CO 81657 Red Lion Inn Condos 304 Bridge Street Vail, CO 81657 2101- 082 -53 -007 — Unit R -1 Oscar L. Tang 600 5` Avenue, 8 Floor New York, NY 10020 2101 - 082 -53 -010 —Unit C -1 Landmark Commercial Dev. Co. 610 W. Lionshead Circle, Suite 100 Vail, CO 81657 2101- 082 -53 -009 — Unit R -3 Top of the Bridge Corp. 1101 Brickell Avenue, Suite 800 -5 Miami, FL 33131 Bridge Street Lodge 278 Hanson Ranch Road Vail, CO 81657 2101 - 082 -69- 001 —Unit 101, 101 -A .Riley -BSL LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -004 —Unit 102 Rad Three LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -013 — Unit 221, 221 -A Bolanovich Trust c/o John Kaemmer 434 Gore Creek Drive Vail, CO 81657 2101- 082 -69 -016 —Units S -2, 5 -12, 401, 403 Robert E. Cannon P.O. Box 80407 Memphis, TN 38108 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, 202, 204 Bridge Street Assoc. LLC 30100 Telegraph Road, Suite 20 Bingham Farms, MI 48025 2101- 082 -69 -022 — Unit S -10 Bridge Street Investments LLC Felix Guzman No. 16 Col El Parque 53390 Naucalpan Mexico 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 -040 — Unit 501 Bridge Street Investments LLC Felix Guzman No, 16 Col El Parque 53390 Naucalpan Mexico 2101- 082 -69 -002 — Units 100, 102 -A, 104, 105, 106 Colorado Ski Service, Inc. P.O. Box 2796 Vail, CO 81658 2101 - 082 -69 -006 — Unit 103 Karl & Ursula Hoevelmann 161 South Golden Drive Silt, CO 81652 2101- 082 -69 -011 — Unit 220, 220 -A John Kaemmer Trustee 291 Bridge Street Vail, CO 81657 2101 - 082 -69 -015 —Units S -1, 5 -13 MBW Realty c/o Ron Riley 228 Bridge Street Vail, CO 81657 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 2101 - 082 -69 -021 —Units S -9, 306 Georgi LLC 30 Madison House, The Village 101 Amies Street London SW11 2JW, England 2101 - 082 -69 -023 — Units 5 -11, 201 Robert & Nancy Bartels Revocable Trust 3426 South Twyckenhazn Drive S. Bend, IN 46614 2101- 082 -69 -038 —Unit 402 R. Howard Cannon c/o Buckeye Cellulose Corp. 7574 Poplar Avenue Germantown, TN 38138 2101 - 082 -69 -032 — Unit 304 Peter A. Bissegger 3021 Garretson Avenue Corona, CA 92881 Attachment: C Variance Request Deck Addition The Vista Bahn Building has been, and continues to be, a key element in the fabric of the community center of Vail. It was a commitment by the owners of the Vista Bahn Building to upgrade and improve the interior as well as the exterior of the structure upon purchase. The first priority was to complete major interior upgrades and quality improvements. The second and already accomplished priority was to improve the appearance of the building exterior. The approved deck was to be built last year but was not done due to cash flow considerations. Positive benefits to the public were demonstrated with that approved application. To summarize the discussion of the hearing on the original application, the following were the main points: I . The benefits of allowing the addition outweighed any potential negative impacts of the improvements. 2. The proposed use met key Master Plan goals. 3. Improvements to existing structures are strongly encouraged. 4. Concentration of tourist services should occur in the CC Zone District 5. A hardship clearly exists due to the lack of alternatives for provision of out side dining space. 6. The space below the new deck is, for the most part, paved so very little new impervious surface will be added. The planned improvements in this new application are identical to the previous one. Not only are the conditions essentially the same the need has intensified. More services for the guests of the resort are desired. And this is the appropriate location. No negative impacts are anticipated. In this area other restaurants offer outside seating. This is a very popular service. Additionally this is an area where the Master Plan encourages these uses. Ar, '• -4" Ol " ILI -zP* 7 W —7 KTbni ` 43 Attachment: D 17 !.. �., t per � L:' 44, wv yn P MOM f ' w 99 , V (2�,r Ap uVO 4-7 ................ . . . . . . . . . . . . . . . . . V N ILL A .x j ., W. so N.t MS, 71 . . r Lug q. GnI'D - 11VA • Ail»11949 dff9 '� Al lip .................... -------- -- — - — - — - — - — .......... -------- ' is i.. j j- I 7. � i. , .� ' `_S cf . - - - --------- 1 z ... ......... ......... ------- ------- 4 ..... ... . . --------- ----- F. v 77, 771 ...... —71Z A I SO I OF— r , �J- 3 • fey oeff qc 7 yi Fl -al LU LLJ.[Id Lj I z a : ■ a o : . ee ae .a 3 all .:J - - -- F ............... .. r I I � I I � I 1 1a .• ,?i AV l+ i.5 f -,. GmD �9 - 11VA Z_jb I Ll II I- E.1 I L4 IR q gj r 1,4-� IWO �t , 6 A.::;y,4 S ��t.:` .Y + < $ w, �, €�,�� _ i :�,�, ����• + �.r #���� '. °` ip I " S�� � s r8 � ' � c� F c�� � if tip �II .� �. � IR q gj r 1,4-� IWO �t , 6 A.::;y,4 S ��t.:` .Y + < $ w, �, €�,�� _ i :�,�, ����• + �.r #���� '. °` ip I " S�� � s r8 � ' � c� F c�� � if tip SEP - 18 -2003 THU 10:40 AM MFGLL LLP FAX N0. 303 623 0960 P. 01 MURRAY PRANKE GREENHOUSE LIST & LIPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTH STREBT DENVER, COLORADO 80202 Telephone; (303) 623 -4500 Fax: (303) 67.3 -0880 I 7 AX TRANSMISSION Client Matter Number. 1299: Date /Tune: 09118/M3 10:31 AM Total number of pages, including cover sheet: TO: B,ijl Gibson Tekcopy Number: Telephone Number. Cc: ALCM Jr., President Telecopy Number. Cc: jinn Hughes, Vice„ Pa ' em Telecopy Number. Telephone Number. Re: Sanctuary/Tap Room Vista Bahn Building; 333 Hans . en Ranch Road Pleage see tym September 18, 2003 letter to Bid ibson. c Charles Greenhouse cgmenhouse@mtgli.com Dimd Dial: (303) 623-8074 97,0,479.2452 970.479.215$ 3,01.953.0384 248.647.13.30 24 .647.2600 • A .a V If you do not receive all of the pages in this transmission, please call (343) 623 -4500 immediately. Thank you. CONFIDENTIALITY NOTICE 7h&s faaPnk trwmrwsiwz arA= a form lxlo►m to the senaler, ubub nuy be CONF'IDEN71AL AND LEGALLYPRIVILEGED. This 4%maim is bwa*d wary far tlae person tIo ubcm it wxs sera as ice' ahm If yw are rxlt dx pvrdd nqvM PV dudesram appg dismhmiar; or we cf dx wfaamsum antwned lxrei+z is strictly pnn ixbzW If fuze n=W this trwsmr wn in mm, please aW us ua ka at (303) 623 -3205 to anwW fw• m;m cf floe dwm" tow at ow cepleme. SWP - 18 -2003 THU 10;40 AM MFGLL LLP FAX ISO, 303 623 0960 P. 02 MURRAY FRANKE GREENHOUSE LIST & LIPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTE5NTH STREET DENVER, COLORADO 84202 Telephone: (903) 6234500 Fax: (303) 623-0980 September 18, 2003 File No. 1290 -1 VIA TELECOPY AND REGULAR MAIL Mr. Bill Gibson Town of Vail Departrnent of Community Development 75 Frontage Road Vail, Colorado 81657 Res REQUEST FOR ISSUANCE OF CEASE AND DESIST ORDER: Owner. Remonov & Compariy Sanctuary /Tap Room Vista Bahn Building; 333 Hanson Rauch Road Dear Bilh Charles Greenhouse egreenhou"O tglLmn Direct Dlal: (303) 623 -6174 We represent the Bridge Street Lodge Residential Condominium Association. This letter is a request that the Town of Vail issue a Cease and Desist Omer against the Sanctuary /Tap Room. At the same time I have sent to you a separate letter which is specifically directed to the Sanctuary /Tap Room's application to expand its deck, As you know from Ron and "ferry Hughes' June 19, 2003 letter to you, the Sanctuary/Tap Room has received over 38 complaints and one noise violation over the last several years. The noise from the Sanctuary /Tap Room is excessive and there appears to be no effort by the Sanctuary/'Xap Room to abate this problem Enclosed is September 8, 2003 report from D.L. Adams & Associates which documents the violations of the applicable noise ordinances by the Sanctuary /Tap Room on August 16"', 22' and 23" 2003. Based on information from ion Hughes and others, the noise levels reported on the D.L. Adams report are typical of the level of noise from this establishment. The Sanctuary/Tap Room is clearly violating the applicable noise ordinances of Vail on a regular basis. The purpose of this letter is to " request that the 'Town of Vail inunediately issue a Cease and Desist order against the Sanctuary/Talc Room demanding that the Spy /Tap Room stop any further violations of the subject noise ordinances. It is tune that the Sanctuary /Tap Room complies by the noise laws. If they cannot do so, then the Town of Vail should issue a cease and desist order requiring the business to stop operation. SIP - 18 -2003 THU 10:40 AM MFGLL LLP FAX N0. 303 623 0960 Mr. Bill Gibson September 18, 2003 Page 2 I do not know if I should direct this letter to someone else at the Town of Vail. I would be happy to do so if you would tell nre to whgm it should be sent. Please feel free to call if you have any questions. Very truly yours, K/4� Al� InuvIes Greenhouse Murray Franke Greenhouse Last & Uppitt LLLP P. 03 Enclosure Cr,- Ron Hughes (w /enc.) Arthur Cox, Jr. (w /enc.) SEP - 18 -2003 THU 10 :40 AM MFGLL LLP FAX N0. 303 623 0960 _ D. L. AD AMS A I N_C._ A CamLi(ianes lfi nrmusrks an Performing Agts Tnchnulogies September 8, 2003 Mr. Ronald Hughes 30100 Telegraph Road, Suite 220 Binsham Farms, MI 48025 RE: Bridge Street. -odee Noise QLAA No. 678)) Dear Mr. Hugbes: We measured the ambient .noise levels at tlae Bride Street Lod.ae in Vail, Colorado, orl the balcony of Unit 302 during the nights of August 16' 22° , and 23''. The following report summarizes our findings and presents our noise measurement results. Acoustic Terminology Pease refer to Appendix A for a glossary of acoustic terminology. Governing Noise Codes The State of Colorado incorporates maximum allowable noise levels as part of Title 25 Health/Environmental Control in the Colorado Revised Statutes (CRS). Article 12 addresses noise abatement and states specific noise level limits in A- weighted decibels (dBA.) for several. different land use zones. This document is used to enforce noise limits in the State of Colorado. However, this document states that local city and county noise codes may adopt standards that are no less restrictive the state noise code. Forrefer=ce, we have included the pertinent noise code information for the State of Colorado and for the Town of Vail. Colorado Revised Statutes, Title 251( �eathlfnvironmental Control, Article 12 Noise Abatement CRS 25 -12 -103. Maximum Permissible Noise Levels. (1) 5very activity to which this article is apphoeble shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shillness. Sound levels of noise radiating from a property line at a distance of twenty -five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 a.m. next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. Residential 55 dBA 50 dBA Commercial 60 dBA 56 dBA Light Industrial 70 dBA 65 d6A Industrial 80 dBA 75 d8A 170 BOL.IL • D ENVER, COL DO 802 303/45:$ -1900 • FAX_303 /4SS 91S7�_ ��www.dl'aa.com # denver®d)aa.com SEP - 16 -2003 THU 10;40 AM MFGLL LLP Mr. Ronald Hughes September S, 2003 Page 2 of 5 FAX N0, 303 623 0960 Vail, Colorado 'T'own Code Title . 5 Publip. lflealth and Safety, Chapter 1 Public Nuisances, Section 7 Noise Prohibited 5 -1 -7: Noise Prohibited: A. Prohibited Act: The making and creating of aFi excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this Section. B. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source Is located by frfteen (15) decibels. 2. A noise, one minute or more in duration out of any tan (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (1 D) minute period, which exceeds the a(lowable noise limit for the zone in which the noise source is located by three (3) decibels, C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A- weighting scale. 1. If the noise source is locatedpn private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located -on public property, the noise shall be measured no closer than ten feet (10') from the noise Oource. D. Allowable Limits: The following shall be thf allowable noise limits for the time periods and zones specified; Maximum Number of Maximum Number of Zoning Designation Of Property Decibels Permitted From Decibels Permitted From On Which Source Of Noise Is Located 7:00 A.M. to 11:00 P.M. 11:00 P.M. to 7:00 A.M. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HOMF 65 decibels tat) decibels industrial service zones 80 decibels 75 decibels Vail, Colorado Town Code Title 12 Zoning Regulations, Chapter 14 Supplemental Regulations, Section 14 Restaurants, Bars, or Similar Uses 12- 14 --14: , Restaurants, Bars, or Similar uses: In districts where restaurants, bars, or sirnftr uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at -any time exceed fifty (50) decibels outside the enclosing walls or ceilings for the use. P. 05 SEP - 18 -2003 THU 10:41 AH HFGLL LLP FAX N0. 303 623 0960 P. 06 M.T. Ronald Hughes September 8, 2003 Page 3 of 5 Noise Measurement Locadop and Procedure Existing ambient sound levels were measured at one location, using two different sound level meters. One sound level meter continuously measured overall A- weighted sound levels throughout each night using 10 minute average times. The se.cond meter measured spectral noise data approximately once per hour using a 10 minute average time. The measurement location was on the balcony ofUnit 302 near the north end of the balcony (closest to the Sanctuary Nightclub). Both sound l�vcl meters and microphones were mounted can tripods_ The microphone on each sound level meter was positioned approximately 5' above the balcony walking surface. The continuous noise measurements were'inade with a Larson -Davis Model 820 (S/N 1303) Type 1 sound level meter, together with a Larson -Davis Model 2560 (SIN 2639) %" random incidence microphone. The spectral noise measurements were made with a Larson -Davis Model 2900 (S/N 0518) Type 1 sound level meter, together with a Brilel & Kja;r Type 4165 (S/N 875052) t /z" random incidence microphone. The measurements included statistical sound pressure levels. Calibration was checked before and after each set of measurements with a Larson -Davis Model C:AL200 Acoustic Calibrator (SIN 0697). The meters were set for "slow" responso, and a windscreen covered the microphones during all measurements. The calibration of the sound level meters and calibrator have been cheoked and certified by the manufacturer within the recommended period. Noise Measurement Results Periods of light .rain were noticeable on August 16, 2003 during the evening hours and continued on and off thzroughout the night. Very brief periods of misting rain were also noticeable on August 2- 2003 during the nighttime hours. The primary noise sources during the measurements were water flowing in the nearby creek, and noise from the Sanctuary nightclub and Taps Bar. Since there was inure rain on August 16, noise from water flowing down exterior roof drains was also noticeable. During the evening hours of 8.00 P.M. tp 10:00 P.M. the main noise source was water flow noise in the nearby creels. After 10:00 P.M. noise from the Sanctuary nightclub and the Taps bar began to exceed the noise from the creek arul by 11:00 P.M, the nightclubs were the dominant noise sources. The Sanctuary nightclub art Taps bar remained the dominant noises source until approximately 1:30 to 2:00 A.M. On the third night of measurements, 94turday August 23 to Sunday August 24, one of the sound level meters (Larson .Davis 820) experieNed battery power failure and shut down around 12:34 A.M. on Sunday August 24. ,Altbough the continuous measurements stopped at 12:34 A.M., all ofthe data up to 12:34 A.M. was securely stored u1 non - volatile memory. SEP - 18 -2003 THU 10:41 AM MFGLL LLP FAX N0. 303 623 0960 P. 07 Mr. Ronald Hughes September 8, 200: Page 4 of 5 Results from the continuous measurements =lire shown in the attached Figures l through 4. Please refer to the attached Glossary for definitions of terms. Figure 1 shows a graph of the Equivalent Sound Level (L.,) on all three me:asuremen' ;nights, Figure 2 shows the L Figure 3 shows the L, and Figure 4 shows the I, = . Whcn the winnows of the Sanctuary nightclub are open the measured L_ was approximately 70 dBA during the hours of 11 :00 P.M. and 1:30 A.M. When the Sanctuary windows were closed during these same hd.prs the measured L., was approximately 60 - 65 d13A. I'hc results from the spectrum noise measurements are shown below. The table shows the overall A- weighted sum for each measurement, but octave -band noise data is also available. During all three measurement nights, stroiag low bass beats from the Sanctuary nightclub were easily audible in Unit 302 with all windows a.'d doors closed. tight. Aug 16, 2003 20:58 646 58 57 58 60 2 236 606 ' 59 59 60 63 Aug 17, 2003 00:02 723 .. 70 69 72 74 01:22 646 64 64 64 66 02:11 714 .. 56 55 56 65 Aug 22, 2003 21:18 603 ` 63 63 65 71 23:31 771: 67 67 69 74 Aug 23, 2003 00 :24 645 68 67 69 74 02:15 603 55 55 55 60 Aug 23, 2003 20:55 665 :.. 56 56 58 66 23:04 601" 60 59 61 64 Aug 24, 2003 01:13 610 66 65 67 72 01:53 .431' 55 55 56 60 During all three measurement nights, stroiag low bass beats from the Sanctuary nightclub were easily audible in Unit 302 with all windows a.'d doors closed. tight. SEP - 18 -2003 THU 10:41 AM MFGLL LLP FAX H0, 303 623 0960 P. 08 Mr. Ronald Hugbes September 3, 2003 Page 5 of 5 Compliance with the Town of Vail; Code Specific to restaurant, bars, or similar uses, the Town of Vail code states a maximum noise lint of 50 decibels. With respect to noise radiating from a property, not specific to restaurants or bars, the Town of Vail code states a maximum allowable nibhttim?, l,,. of60 dBA for amixed used 1HD.MT and commercial property, in addition to the LCq, the Vail r6ise code also sets limits ou short term noises (See Vail noise code 5- 7 -1 -B). This noise cods stato's that the maximuln noise level for any duration (L m ,.) cannot exceed 15 decibels above the noisy limit, that noise one minute in duration out of any 10 minute period (L,,) cannot exceed 10 decibels above the noise limit, and that noise five minutes in duration out of any 10 minute period (I, cannot exceed 5 decibels above the noise limit_ Therefore, for a mixed Commercial and fM F land use property the nighttime maximum allowable noise limits are as follows: L e , r _ 60 dBA Lyn _ 65 dBA L, = 70 d8A L,,. _ 75 dRA The attached Figure 1 shows a graph of the L. for each the three nights. The peaks in the noise curve forthe August 16 measurements represent times when the windows ofthe Sanctuary nightclub were open_ Inuring the August 22 meas4rements the Sanctuary nightclub windows were open for much of the night. However, even with t$e windows closed, noise from the nightclub exceeds the 60 dBA. Similarly, Figures 2 through 4 all shove that the mixed Commercial and HDM.F land use noise limits were exceeded in cvery statistical meas4rement for at least part of the night. Please call me if you have any questions'. Sincerely, Todd Beiler, P.E. EncI: Figures 1-4 Appendix A - Glossary of Acoustic Tern cc_ Charlic; Greenhouse, Murray Frrnke Greenhouse List & Lippitt LLP S P !8- OO] THU 10:41 A MFGLL [L/ FAX . ]OJ 623 096 E O§ / q q / � « « . }4) CD f � � r � LL / ( � � 0 � E A G @AiB ] amosaid puncS | 7 � . E _ m o : $ , � ! $ k � • $ f � | \ 0 K � LC) ! _ � o 2 � . 0. . � | d_ O ¢ . OA . . CD / 00� QA. & ~ � | ■ 6 0 1 - \ { O. 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C Op 0 �s- D O O ob b gs. ,n 0 c' O eel O �7� OA !� c CD E m 0 SEP -18 -2003 THU 10:42 AM MFGLL LLP FAX NO. 303 623 0960 P. 13 SEP - 18 -2003 THU 10:42 AM MFGLL LLP mmnw� FAX Hp, 303 623 0960 P. 14 A -'PIE+ NDIX A ACOUSTiIi2 TEWMINOL OGY Sound Pre sure Lev Sound, or noise, is the term given to variations in air pressure that are capable of being detected by the hun= ear. Small fluctuations in atmospheric pressure (sound pressure) constitute the physical property measured with a sound Pressure level meter. Because: the human ear can delect variations in atmospheric pressure over such a large range of magnitudes, sound pressure; is expressed on a logarithmic scale in units c4lled decibels (dB). :Noise is defined as "unwanted" sound. Technically, sound pressure level (SPL) is-defined as; ;i SPL = 20 log (P/P dB where P is the sound pressure fluctuation (.above or below atmospheric pressure) and P,., is the reference pressure, 20 µPa, which is appropc.imately the lowest sound pressure that can be detected by the human ear. The sound pressure level that results fr=4; a combinatio:c of noise sources is not the arithmetic sum of the individual sound sources, but Wither the logarithmic sum. For exrunple, two sound levels of 50 dB produce a combined sound level of 53 dB, not 100 dB. Two sound levels of 40 and 50 dB produce: a combined level of 50.4 dB. Human, sensitivity to changes in sound pressure level is highly individualized. Sensitivity W sound depends on frequency content, tirilc of occurrence, duration, and psychological factors such as emotions and expectations. Howpvtx, in general, a change of 1 or 2 dB in the level of sound is difficult for most people to det't. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an approximate doubling or halving of loudness, respectively. A - Vei&hted Sid Level Studies have shown conclusively that at -equal sound pressure levels, people are generally more sensitive to certain higher frequency sods (such as made by speech, horns, and whistles) than most lower frequency sounds (such as r:ade by uxotors and engines) at the same level. To address this preferential response to frequency, the A- weighted scale was developed. The A- weighted scaly: adjusts the sound level ih each frequency band in much the same manner that the human auditory system does. Thus the: A- weighted sound level (read as "dBA ") becomes a single number that defines the level of a sound and has some correlation 'with the sensitivity of the human ear to that sound. Different -sounds with the same A- weighted sound level are D.W. Robinson and A,& DaAson, °`A Re- Detennination of the Equal- Laadness Relations for Pure Tones," British .1ournal of .4pplied Physics, vol. 7, pp. 166 - 191, 1956. (Adopted by the lntcruational Standards Org4jiization as Recommeadauon R -226. SEP - 18 -2003 THU 10:42 AM MFGLL LLP FAX NQ, 303 623 0960 P. 15 perct:ived as being equally loud. The A- weighted noise level is commonly used today in enviromnental noise analysis and in noise r�Pla,tions. Typical values of the A- weighted sound level of various noise sources are shown iri,;Figure A -1. Eq uivalent Sound Level The Equivalent Sound Level (L� is a rypd average which represents the steady level that, integrated over a time period, would prod 1 �e the same energy as the actual signal. The actual irisiantuneous noise levels typically fluctuate above and below the measured Y. during the measurement period. The A- weighted L }s a common index for measuring environmental noise, .Statistical Sound Level The sound levels oz long -term noise prod i. ing activities such as traffic movement, aircraft operations, etc_, can vary considerably wij� time. 1n order to obtain a single number rating of such a noise source, a statistically -based rAethod of expressing sound or noise levels bas been developed. It is known as the Exceedencd; Level, L, The L„ represents the sound level that is exceeded for n% of the measurement timo period. For example, L, — 60 dBA indicates that for the duration of the measurement period, the sound level exceeded 60 dBA 10% of the time. Typically, in noise regulations and standards, the specified time period is one hour.. Commonly used Exceedence Levels include L L, L and L., which are widely used to assess community and enviromnental noise. SEP THU 10:42 AM MFGLL LLP t FAX NO, 303 623 0960 Common Outdoor Sound Common So,., nds in Ded ib eh Sound Prcssut'e Common Level (4BA) Indoor Sounds 100 Printing plant Jacldmmmer at 50' Gas lawn mower at 4 1 90 Food blender at 3' Telephone ringing at 8' Concrete mixer at 50' Jet flyover at 5000 Vacuum CIO= T at 5' Inside auto at 55 mpb Large clo barkin at 50' 70 Electric shaver at 1.5' Auto (5 5 mph) at 100 Normal coavcrsation at 3' 60 Large transformer at 50' Urban ambient office noise 50 Small town residence Rustling leaves Soft stereo music 40 in residence Average residence without stereo playing 30 Soft whispa at 3' U At DAVID L ADM ASSOCIATES, INC. C&Kub= J0 AW011CS and hdarmhqArG bchwhmya - 1701 BOULDER S7 # DENVER, C OLORADO WZJ I www.& - de&v@d1uram Threshold of hearing (or audibility) Subjective Evaluation Deafening Very Loud Laud Moderate Faint Vdry Faint cornm*n Sounds in Decibels 8, 2003 Drawn 5y trb ME. Figure No. A-1 SEP 'FHU 10:42 AM MFGLL LLP FAX NO. 303 623 0960 P. 17 MURRAY FRANKE GREENHOUSE LIST & LIPPITT LLP ATTORNEYS AND COUNSELORS GRANITE BUILDING, SECOND FLOOR 1228 FIFTEENTI-I STREF-T DENVER, COLORADO 80202 Charles GreftftuW Telephone: (303) 623 cgreenhotisaQW91I.Corn Fax. (303) 623-0960 Direct Dial: (303) 623-8074 40pternber 18, 2003 File No. 1290-1 'J VIA TELECOPY AND REGULAR M N& Bill Gibson Town of Vail. 75 Frontage Road Vail, Colorado 81657 Re QDJE CIIQN :1 APPLICATE Application for Conditional We Permit: Applicant Remonov & Company, Inc. Vista Bahn Building; 333 Han4 Ranch Road Dear Bill: We represent the Bridge Street Lodge Residential Condominium Association. This letter is specifically directed to the Sanctuary/Tap'' Room's application to expand its deck At the sum time I have sent to you a separate letter which" ., 1 is a request that the Town of Vail issue a Cease and Desist Order against the Sanctuary/Tap Roorn,.: of what happens to this application. As you know, W client strongly objects to the application of the Sanctuary /Tap Room to expand its deck As stated in Ron and Wry Hughes' June 19, 2003 letter to you, the Sanctuary/Tap Room has received over 38 com a one noise violation over the list several years. The noise from the Sanctuary/Tap Room is excess ve and there appears to be no effort by the Sanctuary/Tap Room to abate this problem Enclosed is September 8, 2003 .port from D.L. Adams & Associates which documents the violations of the applicable noise ordin , . W by the Sanctuary/Tap Room on August 1 e, 22' and 23'2003- Based on information from Rpn Hughes and others, the noise levels reported on the D.L. Adams report are typical of the level ofi from this establishment. The Sanctuary/Tap Room is clearly violating the applicable noise or�nances of Vail on a regular basis. The addition of this deck should.' not be permitted while this situation exists. Unless the Sanctuary/Tap Room can come in conV fiance with the Town of Vail noise ordinances, it should not even be allowed to continue as a b4i=s, much less expand. Further, there is strong reason to believe that this deck addition will just uld to the problem. It would just enhance the Skelihood. of this business exceeding the noise ordinipces of Vail during its peak hours of operation. SEP-18-2003 THU 10:42 AM MFGLL LLP FAX NO, 303 623 0960 P. 18 Mr, Bill Gibson September 18, 2003 Page 2 Please feel free to call if )vu have my qu estions. Very truly yours, 4ds Greenhouse � Murray Franke Greenhouse List & Lippitt LLP Enclosure Cr.- Ron Hughes, Vice President (w/eoc) A,rh,. Cox, Jr., President (w/euc) SEP -18 -2003 THU 10:42 AM MFGLL LLP FAX N0. 303 623 0960 i D. L. A DA A 4 5ASS O C IATES, INC. _ -- —� ~ Consultantz in Acou$P and PeffommMg Ar fb Technologi ` — /r — — -- — _ September 8, 2003 Ndl . Ronald Hughes 30100 Telegraph Road, Suite 220 Bingham Farms, MI 48025 R.E.: Bridge Street ,odge Noise QLAA'eferrence N o. b7 9) Dear Mr. Hughes: We, measured the ambient noise levels at 144 Bridge Street Lodge in Vail, Colorado, on the balcony of TJnit 302 during the nights of August 16th, 22,pd, and 23' The following report summarzes our findings and presents our noise measuremOnt results. Acoustic TerMinology Please refer to Appendix A for a glossary of acoustic terminology. •+ 5 Governing Noise Codes The State of Colorado incorporates rrj.,aximarn allowable noise levels as part of Title 25 Health/Environmental Control in the Colo�sdo Revised Statutes (CRS). Article 12 addresses noise abatement and states specific noise level (emits in A- weighted decibels (dBA) for several different land use zones. This document is used t ' enforce noise limits in the State of Colorado. However, this document states that local city and 66unty noise codes may adopt standards that are no less restrictive the state noise code. For reference, we have inc: luded the pertinent noise code information for the State of Colorado and for the Tow' of Vail. Colorado Revised Statutes, Title 25 fle4t;.h/Environmental Control, A.rdele 12 Noise Abatement CRS 2S -12 -103. Maximum Permissible Npise Levels. (1) Every activity to which this article is applic.*ble shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, Belt frequency, or chillness. Sound levels of noise radiating from a property line at a distance of twenty -five fit or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prime facie evidence that such noise is a public nuisance: 7:00 a,m. to 7:00 P.M. to Zane next 7:00 0'.m. next 7:00 a.m. Residential 56 dBA 50 d8A Commercial 60 dBA 55 d8A Light Industrial 70 d13,4 6, 66 d8A Industrial 80 d8A 75 d13A 170 B3UL 5 EK � R if _ 6r. El" OL 80 217 303/4 - FA 303/ -9187 www.dl4.com • denvetr @dlaa.corn P. 19 SEP - 18 -2003 THU 10:43 AM MFGLL LLP _,. FAX N0, 303 623 0960 P. 20 Mr. Ronald Hughes Sepl.ember S, 2003 :..i Paje 2 of 5 �i Vail, Colorado Town Code Title 5 Puba� Health and Safety, Chapter 1. Public Nuisances, Section 7 Noise Prohibited 5 -1 -7: Noise Prohibited; A. Prohibited Act: The making and creating of att excessive or an unusually loud noise at any location within the Town heard and measured in a manner herginafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursua.0t to subsection F of this Section. 13. Definition: An "excessive" or "unusually Iouq noise" shall be defined as follows; 1 _ Noise of any duration which e;� , eeds the allowable noise limit for the zone in which the noise source is located by fifteen (1 p) decibels. 2. A noise, one minute or more in' duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zolle in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the a4Qwable noise limit for the zone in which the noise source is located by three (3) decibels. l C. Sound Measurement Standard: For the pyrpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful amd prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard de #ign and quality operated on the A- weighting scale. 1. If the noise source is located ! n private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise pburce. D. Allowable Urnits: The following shall be the;:011owable noise limits for the time periods and zones specified; ..' Maximum Number of Maximum Number of Zoning Designation Of Property Decibels Permitted From Decibels Permitted From On Which Source Of Noise Is Located 7:00 A.M. to 11:00 P.M. 11:00 P.M, to 7 ;00 A.M. All residential zones excepting HDMF ! 55 decibels 50 decibels Commercial plus HDMF 55 decibels 60 decibels Industrial service zones ° 80 decibels 75 decibels 'fail, Colorado Town Code Title . � Zoning Regulations, Chapter 14 Supplemeutal Regulations, Section 14 Restaurants, 4'ars, or Similar Uses "`i 12- 14 -14: Restaurants, Bars, or Similar URes; In districts where restaurants, bars, or sirtWar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at ahy time exceed frtt (50) decibels outside the enclosing walls or ceilings for the use. i, SEP - 18 -2003 THU 10:43 AM MFGLL LLP FAX N0, 303 623 0960 Mr. Ronald Hughes September 8, 2003 Page 3 of 5 Noise Measurement Location and rrocedure Existing ambient sound levels were measuro at one location, using two different sound level meters. One sound level meter continuously mea,sj red overall A- weighted sound levels throughout each night using 10 minute average times. The second meterrnew;ured spectral noise data approximately once per hour using al 0 nyinute average ti}�e:. The measurement location was on the bale4y of 302 near the north end of the balcony (closest to the Sanctuary Nightclub). Both sound live]. meters and microphones were mounted on tripods_ The microphone on each sound level meter was positioned approximately 5' above the balcony waWiig surface. The continuous noise measurements were made with a Lanr;on -Davis Model 820 (S/N' 1303) Type 1 sound level meter, together with a Larson -Davis Model 2 .560 (S!N 2639) '/_" random incidence microphone. The spectral noise measurements were made with a Larson -Davis Model 2900 (S/N 0518) Type 1 sound level meter, together v� th a BrdeI & Kj; Type 4165 (S/N 875052) 1 /2 ' random incidence microphone. The measurementi included statistical sound pressure levels_ Calibration was checked before and after each set t} ' measurements with a Larson -Davis Model CAL200 Acoustic Calibrator (SIN 0697). The meters were set for "slow" response,; and a windserean covered the microphones during all measurements. The calibration of the so"d level meters and calibrator have been checked and certified by the manufacturer within the rocornmended period. Noise .Measurement Results Periods of light rain were noticeable on August 16,2003 during the evening hours and continued on and off throughout the night. Very briefp of misting rain were also noticeable on August 22, 2003 during the nighttime hours. The primary noise sources during the measurements were water flowing in the nearby creek, and noise from the Sanctuary nightclub and Taps Bar. Since there was more rain on August 16, noise from water` flowing down exterior roof drains was also noticeable. During the evening hours of 8:00 P.M_ t6;10 :00 P.M. the main noise source was water flow noise in the nearby creek. After 10:00 P.M. nQIse from the Sanctuary nightclub and the Taps bar began to exceed the noise from the creek and::-by 11:00 P.M. The nightclubs were the dominant noise sources. The Sanctuary nightclub anc�� Taps bar remained the dominant noises source until approximately 1:30 to 2:00 A.M. On the third night of. measurements, Saturday August 23 to Sunday August 24, one of the sound level meters (Larson Davis 820) experienced battery power failure and shut down around 12:34 A.M. on Sunday August 24. Although the continuous measurements stopped at 12:34 A.M., all ofthe data up to 12:34 A.M. was securely stored in non- volatile memory. P. 21 I SEP - 18 -2003 THU 10:43 AM MFGLL LLP Mr, Ronald Hughes Septemher 8, 2003 Page 4 of 5 FAX N0. 303 623 0960 Results from the continuous measuremenks'are shown in the attached Figw•es 1. through 4. Please refer to the attached Glossary for definition of terms. Figure 1 shows a graph of the Equivalent Sound Level (L on all three measuremen Figure 2 shows the L Figure 3 shows the L, and Figure 4 shows the L., When the windows of the Sanctuary nightclub are open the measured L CD was approximately 70 dBA during the 4hurs of 11:00 P.M. and 1:30 A.M. When the Sanctuary windows were closed during these; same hpurs the ineasu.red L 09 was approximately 60 - 65 dHA. The results from the spectrum noise meas4e:ments are shown below. The table shows the overall A- weighted sum for each measurement, bij octave -band noise data is also available. Date ,Aug 16, 2003 Aug 17, 2003 Aug 22, 2003 Time 20:58 (Second'I 646 ? Overall 58 Sound PreNsure 57 Level 58 (dBA,) 60 22:36 00:02 606 723 `: 59 70 59 69 60 ^, 2 63 74 01:22 646' 64 64 64 66 02:11 21:18 714 603 '' 56 63 55 63 56 ti5 65 71 23:31 771 0 67 67 69 74 Aug 23, 2003 00:24 645 '. 68 67 69 74 02:15 603 ' 55 55 55 60 Aug 23, 2003 20:55 r: 665 56 56 58 66 23:04 601 60 59 61 64 Aug 24, 2003 01:13 610 66 65 67 72 01:53 43 ] 55 55 56 60 During all three measurement nights, stro*:g low bass beats from the Sanctuary nightclub were easily audible in Unit 302 with all windows and, doors closed tight. P. 22 SE? THU 10:43 AM MFGLL LLP FAX NO, 303 623 0960 P. 23 Mr. Ronald Hughes September S. 2503 Page 5 of 5 Compliance with the Town of Vafl,; .C Specific to restaurwt, bars, or similar uses, Tic Town of Vail code states a maximum noise limit of � 50 decibels. With respect to noise radiating from a propqhy, not specific to restaurants or bars, the Town of Vail code states a maximum allowable nighttimo-L cq of 60 dBA for a mixed used HDMF and commercial a , property. In addition to the L dq2 the Vail noise code also sets limits on short term noises (See Vail noise code 5-7-1-B). This noise code statg that the maxiinurn noise level for any duration (L.,,. cannot exceed 15 decibels above the noisol limit, that noise one minute in duration out of any 10 minute period (L, cannot exceed 10 decibels above the noise limit, and that noise frve minutes in duration out of any 10 minute period ( 50 ) cannot exceed 5 decibels above the noise limit. Therefore, for amixed Commercial and hDKF land use property the nighttime maximum allowable noise limits are as follows L, = 60 d8A 1150 � 63 dBA L, D = 70 dBA L., = 75 dBA The attached Figure 1 shows a graph of t* L,,, for each the three nights. The peaks in the noise curve for the Aug ,ust 16 measurements repi< sent times when the windows of the Sanctuary nightclub were open. During the August 22 rncasu meats the Sanctuary nightclub windows were open for much of the night. However, even with th windows closed, noise from the nightclub exceeds the 60 dBA. Similarly, Figures 2 through 4 all show th4� the mixed Commercial and HDW land use iioise limits were exceeded in every statistical measurement for at least part of the night. Please call me if you have any questions.: Sincerely, Todd Beiler, P.E. Encl: Figures 1-4 %! Appendix A - Glossary of Acoustic Terminology cc: Charlie Greenhouse, Murray Franke Greenhouse List & Lippitt LLP j SFP THU 10:43 AM MFGLL LLP a) E m N cz O cr m Lo CD Lo GD co (vap) 1 OA8'1 aingsa4d PunOS FAX NO, 303 623 ogpn D OA MR 0 0b oe� OA '0 1? . o all OA - O Lo 00. ler v Vel E CD C3. u- 0 g 0 ti MR 0 0b oe� OA '0 1? . o all OA - O Lo 00. ler v Vel E SEP - 18 -2003 THU 10;43 AM MFGLL LLP N r C N (D H Cu O p ►[J .-J co a) FAX N0, 303 623 0960 ;1 N N 73 i 4 < ar ,s L Q�. O 0 0� 04 2 D pi Dp i OA OD D � D OA ee t� O c m 0 (dgp) J8Aa BJnS58Jd puno$ SEP THU 10:44 AM MFGLL LLP I Z7 E O cu 0 P� FAX NO, 303 623 0960 ED C � CD v C:D C3 LP LO 140 Ln ovep) , )GAW sinssaid punos Lo LL oi�4 0 k r- 0 %- , oe. : 5. OA - 0 0 , Lo ok Y cT LE SEP THU 10:44 AM MFGLL LLP FAX NO, 303 623 0960 . ......... P. 27 C14 m C � r: E E N , all Ga E . co W ZE 0 F- cu ro U) cc CP OC obb 0 - -PC ' In c, 'In ok � o e . . 0 0. (ViRP) jaAS BJn!SSQJd PLInOS SEP-18-2003 THU 10:44 AM MFGLL LLP FAX NO. 303 623 0960 P. 28 AIRPENDIX A Glossary 0 Acoustic Tcrmill()Ic)gY SE-P -2003 THU 10;44 AM MFGLL LLP FAX N0. 303 623 0960 P. 29 . 4PENDIX A ACOUSTIF" TERMINOLOGY to-an • ressu Level Sound, or noise, is the term given to variatlans Ln air pressure that are capable ofbeing detected by the human ear_ Small fluctuations in atmospheric pressure (sound pressure) constitute the physical. property measured with a sound p' essure level meter, Because the human ear can detect v ariations in aimospheric pressure over suo a large range of magnitudes, sound pressure is j expressed on a logarithmic scale in units cz' led decibels (dB). Noise is defined as "unwanted" sound_ Tedmically, sound pressure level (SPL) is defined as. SPL = 20 log (P/1],.,) dD i where P is the sound pressure fluctuation (�bove or below atmospheric pressure) and P, is the rei 7 grence pressure, 20 µPa, which is apprQ�imately the lowest sound pressure that can be detected by the human ear. The sound pressure level that results from.a combination of noise sources is not the arithmetic sum of the individual sound sources, but r} then the logarithmic sum. For example, two sound levels of 50 dB produce a combined sound level of 53 dB, not 100 M. Two sound levels of 40 and 50 dB produce a combined level of 56.4 dB. Human sensitivity to changes in sound pressure level is highly individualized. Sensitivity to sound depends on frequency content, timo of occurrence, duration, and psychological factors such as emotions and expectations. I-low 'ver, in general, a change of 7 or 2 dB in the level of sound is di.�cul.t for most people to detect. A 3 dB change is commonly taken as the smallest perceptible change and a 6 dB change corresponds to a noticeable change in loudness. A 10 dB increase or decrease in sound level corresponds to an approximate doubling or halving of loudness, respectively. A- Weighted Sound Level Studies have shown conclusively that at equal sound pressure levels, people are generally more sensitive to certain higher frequency sounds (such as made by speech, borns, and whistles) than most lower frequency sounds (such as n-de by motors and engines)' at the same level. To address this preferential response to frequency, the A- weighted scale was developed. The A- weighted scale adjusts the sound level m each frequency band in mucb the same manner that the human auditory system does. Thus the *- weighted sound level (read as "dBA ") becomes a single number that defines the level of a 4mwd and has some correlation with the sensitivity of the human ear to that sound. Different srb nds with the same A- weighted sound level are ' D.W. Robinson and R..S..Daoon, "A Re- Deteinnination of the Equal - Loudness Relations for Pure Tones," British Journal of'Rpplied Physics, vol. 7, pp. 166 - 181, 1956. (Adopted by the International Standards orgauization as Recorwmendation R - 226. RP -18 -2003 THU_10:44 AM MFGLL LLP ., FAX H0, 303 623 0960 P. 30 a I perceived as being equally loud. The A- woighted noise level is commonly used today in environmental noise analysis and in noise rleguladons_ Typical values of the A- weighted sound level of various noise sources are shown inli.Figure A -1. Equivalent SouTW Level The Equivalent Sound Level (L, is a typ integrated over a rime period, would prods Instantaneous noise .levels typically fluctu measurement period_ The A- weighted L., noise. Statistical_ Sound Level The sound levels a= long -term noise produ operations, etc., can vary considerably wit such a noise source, a statistically -based n developed. It is known as the Exceedence exceeded for n% of the measurement time the duration of the measurement period, th Typically, in noise regulations and standa> used Exceedence Levels include LQ,, L, o , community and environmental noise. of average which represents the steady level that, ,e the same energy as the actual sipal. The actual to above and below the measured L., durin- the s a conYmon indox for measuring environmental ng activities such as traffic movement, aircraft Circe. In order to obtaua a single number rating of thod of expressing sound or noise levels has been .evel, L,,. The L. represents the sound level that is eriod. For example, L,, = 60 dBA indicates that for sound level exceeded 60 dBA 10% of the time. a, the specified time period is one hour. Commonly and L .., which are widely used to assess -r- S7 - 18-2003 THU 10:44 AM MFGLL LLP FAX NO, 303 623 0960 Common So' nds in Decibels Common Outdoor Sound. Sound - P 'ressut e Common Subjective Le I Level WEA) Indoor Sounds Ev2luafion 1001 j Printing plant Deafening Jackhammer at 50' Gas lawn mower at 4' Concrete mixer at 50' Ica flyover at 5000' Large dog barking at 50' Auto (55 mph) at 100' Large transformer at 50' Urban ambient Small town residence i Rustling leaves 0 Common Sounds in Decibels DAVID 1, ADAMS ASSOCIATES, INC. CawakaW in Awaift aW Fffbimn Am UdumbSks 1701 BOULDER MET - DENVER, COLOMPO 80211 www.d.mcom - demerWaaam 8, 2003 Drawn By trb P. 31 Figure No. A-1 Very Loud Food blender at Telephone ringing at S' --L Vacuum cleaner at 5' Inside auto at 55 mph Loud Electric shaver at 1,5' Normal conversation at 3' Office noise Moderate Soft stereo music in residence Average residence without stereo playing Faint Soft whisper at 3' Very Faint '17hreshold of hearing; (or audibility) Common Sounds in Decibels DAVID 1, ADAMS ASSOCIATES, INC. CawakaW in Awaift aW Fffbimn Am UdumbSks 1701 BOULDER MET - DENVER, COLOMPO 80211 www.d.mcom - demerWaaam 8, 2003 Drawn By trb P. 31 Figure No. A-1 MEMORANDUM t TO: Town Council FROM: Community Development Department DATE: September 19, 2000 F11 SUBJECT: A Town Council call -up of the Design Review Board's denial of a deck expansion, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs This item was tabled by the Town Council at the September 12, 2000 worksession. Council requested a revised plan. This plan will be presented at the September 19, 2000 worksession. Please refer to the attached memo from the September 12, 2000 meeting for additional information. MEMORANDUM TO: FROM: DATE: Town Council Community Development Department September 12, 2000 L"!� SUBJECT: A Town Council call -up of the Design Review Board's denial of a deck expansion, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1' Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs BACKGROUND AND DESCRIPTION OF THE REQUEST According to the Town of Vail Development Standards Handbook the Design Review Board is: The body responsible for reviewing development proposals in the Town of Vail. The Design Review Board focuses on evaluating projects based on the Town Code, Master Plans and the Design Standards as set forth in the Town Code, including architectural design, site planning, landscaping, site disturbance, etc. On May 15, 2000, an application was received for a conditional use permit to allow for the addition of a deck to the Tap Room, located at 333 Hanson Ranch Rd. An outdoor dining deck is a conditional use in the CC1 Zone District. The deck extended beyond the property line of the Vista Bahn Building, onto Vail Associates property zoned Agriculture and Open Space. Vail Associates allowed the encroachment through an easement. The deck also extended onto the Town of Vail stream tract. On June 12, the Planning and Environmental Commission reviewed the ' Conditional Use Permit. The Planning and Environmental Commission had concerns about the effect of the use on adjacent residential uses and its proximity to an adjacent private deck. The request was tabled, with direction from the Planning and Environmental Commission to investigate providing more of a buffer to adjacent properties and to go to the Design Review Board for a conceptual review on the design of the deck. On June 21, 2000, the Design Review Board conceptually reviewed the deck expansion. The following were their major concerns: The deck will create a dark and uninviting space for the pedestrian flow that was intended with the original building design. 2. The board generally felt that the angles of the deck were out of character with the existing building. Instead, the board felt that they would be more TOw* VAIL 0 0 supportive of expanding the existing decks and opening up the restaurant more to the outside. 3. The board felt that the deck would create a dark, wet entrance to the ski lockers. They also felt that the proposed head height created would not be conducive to people carrying skis. 4. The board felt that using up all of the available space was not an elegant solution. The proposed deck introduced a vocabulary unfamiliar to the existing building. 5. The board also expressed concerns about the proximity of the deck to the adjacent residential use. These concerns were forwarded to the Planning and Environmental Commission at the July 10, 2000 meeting. At the July 10, 2000, Planning and Environmental Commission hearing, the Planning and Environmental Commission approved the Conditional Use Permit for the outdoor dining deck with the condition that the deck would go no further than the western portion of the stucco pilaster (see attached plan). The Planning and Environmental Commission also noted that the Design Review Board would review the architectural elements of the application, as the Planning and Environmental Commission's role was to focus on the use. The staff memorandum and minutes of the Planning and Environmental Commission meeting have been attached for reference. When the applicant returned to the Design Review Board meeting on August 2, 2000, the applicant had not addressed any of the concerns of the Design Review Board that had been discussed at the conceptual review. A motion was made to approve the deck addition, and a tie vote resulted. A tie vote is equivalent to a denial. The denial was then called -up by the Town Council. Though the call -up was originally scheduled for September 5 the item was tabled to the September 12 Town Council meeting. Following the Town Council call -up, the applicant submitted an appeal of - the Design Review Board decision. Their statement of appeal is attached for reference. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council uphold the Design Review Board's denial of the proposed deck expansion subject to the following findings: 1. That the addition does not meet the intent of the guidelines as established by Section 12 -11 -5 (Design Guidelines) of the Town Code and outlined in Section III of this memorandum. 2. That the deck addition does not meet the intent of the guidelines as established by the Vail Village Urban Design Guide Plan and as outlined in Section III of this memorandum. 2 O 4 III. APPLICABLE DESIGN GUIDELINES Design Guidelines: 1. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. Staff Response: The Design Review Board and staff believe that the proposed deck is out of context with the existing structure. The deck is out of scale with the existing decks and balconies. The Design Review Board specifically felt that the angles of the deck were out of character with the existing building. The proposal does not meet the intent of the Design Guidelines. Urban Design Guide Plan: 1. Pedestrianization - A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant, pedestrian ways. Staff Response: The Design Review Board and staff believe that the deck creates an uninviting pedestrian space. The deck creates a very dark entrance to the ski lockers, and fails to maintain the openness of the pedestrian path around the east side of the building. The proposal does not meet the intent of the Urban Design Guide Plan with regards to pedestrianization. 2. Decks and Patios - Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street — making a richer pedestrian experience than if those streets were empty. Decks and patios should be sited and designed with due consideration to: sun, wind, views, pedestrian activities. Staff Response: The Design Review Board and staff believe that while this is an appropriate location for a deck, the deck must also be properly designed and sited. The current proposal is out ofcontext with the architecture of the existing building, creates an uninviting pedestrian experience, and severely darkens and spoils the entrance to the ski lockers. The head height created by the deck makes it difficult for pedestrians carrying skis to pass through. The proposal does not meet the intent of the Urban Design Guide Plan with regards to decks and patios. Vail Village Master Plan Goal 1: Encourage high quality redevelopment while preserving the unique architectural scale of the village in order to sustain its sense of community and identity. Staff Response: The Design Review Board and staff believe that the deck is out of character with the existing architecture of the Vista Bahn Building. The proposal does not meet the intent of Goal 1 of the Vail Village Master Plan. Goal 2: To foster a strong tourist industry and promote year- around economic health and viability for the Village and for the community as a whole. O o 2.4 Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the village. 2.4.2 Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Staff Response: While staff believes that the use of the deck meets the above objectives and policies of Goal 2, staff does not believe that these over -ride the importance of the architectural considerations of the Vail Village Master Plan as stated in the Vail Village Urban Design Guide Plan. Goal 3: To recognize as a top priority the enhancement of the walking experience throughout the Village 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Develop additional sidewalks, pedestrian -only walkways, and accessible green space areas, including pocket parks and stream access. 3.4.1 Physical improvements to property adjacent to stream tracts shall not further restrict public access. Staff Response: While staff believes that the above objectives and priorities are applicable to the proposed deck addition, staff believes that proper siting and design are integral to any development. The Design Review Board and staff feel that the current proposal does not meet the intent of Goal 3 of the Vail Village Master Plan. Intent of original design (from the original application to the Town of Vail) "The creation and enhancement of the Mill Creek area as an important connector link will alleviate skier congestion at peak hours on the west side of the Golden Peak House. The opportunities to direct pedestrians along the Mill Creek improvements will assist in improving the aesthetics in these strategic areas." Staff Response: As part of the original design concept of the Vista Bahn Building, the architect described the importance of the pedestrian link from the ski yard, around the eastern portion of the building along Mill Creek. The Design Review Board and staff believe that the deck is in direct contrast to the original design concept as specified by the original architects of the building. The proposal does not meet the intent of the original design, as specified by the architects. L, 11 Rl mx o I rrl rn Rl mx o I rrl MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2000 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1S Filing. Applicant: Remonov and Company Planner: Allison Ochs DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 1S The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. II. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: 1. That the proposed location of the use is 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 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. TOWN OF VAIL ky Should the Planning and Environmental Commission choose to approve this conditional use permit, staff recommends the following condition: That the proposed deck encroachment is entirely removed from the Town of Vail Stream Tract or resolved with the Town Attorney prior to Design Review Board approval. III. ROLES OF THE REVIEWING BOARDS Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for evaluating this conditional use permit application for: 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board The Design Review Board is responsible for evaluating the Design Review application fora 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal /Preservation of trees and native vegetation 5. Adequate provision for snow storage on -site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks IV. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: E 0 0 A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Planning and Environmental Commission shall make the following findings before .granting a conditional use permit: That the proposed location of the use is 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 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. 51 Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is contacting owners to resolve any issues. Positive impacts. are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. ;P. �-A 1 i � l9 THE VAIL VILLAGE CLUB ARCMECTS �� ..,a ' °'°°"' i x _ i SECOND LEVEL DECK PLAN i�ma,�ocw mmunaermcn - J 14 rn WO wommi I I I I Nil 1111 ai IFA I • ® 0 Approved June 26, 2000 PLANNING AND ENVIRONMENTAL COMMISSION June 12, 2000 Minutes MEMBERS PRESENT Galen Aasland Ruther Chas Bernhardt Brian Doyon Doug Cahill Tom Weber Public Hearing MEMBERS ABSENT: John Schofield Diane Golden Galen Aasland called the meeting to order at 2:00 p.m. 2:00 p.m. Swearing in of PEC member Tom Weber - Lorelei Donaldson, Town Clerk. Galen Aasland mentioned that item #5 had been withdrawn. 2. A request for a conditional use permit to construct a Type II Employee Housing Unit, located at 2490 Bald Mountain Road /Lot 17, Block 2, Vail Village 13 Filing. Applicants: Mary & Sonny Caster, represented by Ben Aguilar Planner: Ann Kjerulf Ann Kjerulf gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. The applicant had nothing to add. Galen Aasland asked if the public had any comments. There were no public comments. Doug Cahill asked if there was an exit door from the garage to the EHU. Ben Aguilar said you would have to exit the garage and go outside to get to the EHU. Doug Cahill suggested an access door from the garage to the EHU. Tom Weber had no comments. Brian Doyon said he was concerned with Condition #2, reducing the curbcut. Ben Aguilar explained that the cut was reduced by 20'. Ann Kjerulf said the DRB made the condition part of their approval . Chas Bernhardt had no further comments. Galen Aasland asked if rents would be removed from the deed restriction. STAFF PRESENT: George Brent Wilson Allison Ochs Ann Kjerulf Judy Rodriguez Todd Oppenheimer Planning and Environmental Commission Minutes June 12, 2000 Approved June 26, 2000 Brent Wilson said the Town of Vail has no cap on rents. Brian Doyon made a motion for approval, in accordance with the staff memo. Doug Cahill seconded the motion. The motion passed by a vote of 5 -0. 3. A request for a conditional use permit, to allow for the installation of wireless telecommunications rooftop antennas & a public service use within the Brandess Building, located at 2077 N. Frontage Road (Brandess Building) /Lot 39, Buffehr Creek. Applicant: Jayne Brandess Revocable Trust Planner: Brent Wilson Brent Wilson gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. The applicant was not present. He then asked if there were any public comments. Charlie Clark, a resident of 29 Zermatt Lane, Unit H, stated that he didn't want the antennas to be huge. Brent Wilson explained the antennas and said they were 4' tall and quite small. He said the Design Review Board would address the aesthetics. Tom Weber said his only concern was that they should be concealed behind a louver and it should be part of the PEC approval. Galen Aasland asked how past applications were required to screen. Brent Wilson said we would have to be consistent with the Design Guidelines and we could forward that as a suggestion or condition. Brian Doyon agreed with enclosing the dumpster and the cupola, but said he was not in favor of bumping out and suggested re- angling with brackets painted to match. Chas Bernhardt asked staff who the applicant was. Brent Wilson said the applicant was the Brandess Building. Doug Cahill said he agreed on the screening and dumpster enclosure. Galen Aasland said the application was appropriate and complies with Town Zoning. Brian Doyon made a motion for approval, in accordance with the staff memo. Doug Cahill seconded the motion. The motion passed by a vote of 5 -0. Chas Bernhardt asked if we shouldn't recommend the wingwall change to the DRB. Brian Doyon said we don't need more bulk and mass. Planning and Environmental Commission 2 Minutes June 12, 2000 Approved June 26, 2000 Brent Wilson said the PEC should suggest the bulk and mass be minimal and we should leave the screening to the DRB. 4. A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company Planner: Allison Ochs Galen Aasland mentioned receiving a letter from Mr. Hughes that had been fedexed to the Town. He the disclosed, for the record, that while on a site visit, the applicant just showed him directions without influencing him. Allison Ochs gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. Tom Bonnie, from Knight Planning Services, said he became aware of the encroachment of the deck on some land and wanted to work out with the Town Attorney on an easement agreement. He then explained a rendering of the deck and the importance of the deck expansion. He said he was pleased with the interaction with the Town of Vail staff. Galen Aasland asked if there was any public comment. There were no public comments. Tom Moorhead said he was prepared to answer any questions about stream tract land. He said that the land was given to the Town of Vail within the last 3 -4 years and was very restrictive. He said there was a provision for any improvements saying that Vail Resorts had to be a party to those improvements or they would take back the land and so Vail Resorts would decide the appropriateness . He said dining decks were an appropriate amenity and there were dining decks adjacent to private residences, but there were sound ordinances in place if it became disruptive. He then said anyone who owns residential property in CC1 should anticipate this activity. George Ruther gave the list of planning documents that encouraged the mix of lodges, commercial uses, etc. Tom Moorhead said various dining decks in the Town do have residential in the building or adjacent to them. Brian Doyon asked if a decision on the conditional use would affect the agreement with Vail Resorts. Tom Moorhead said the applicant was willing to work with Vail Resorts. Doug Cahill said that there was an issue with a neighbor, having a private deck next to this adjoining deck. He said he would like the deck to be pulled back and suggested a solid screen. Tom Bonnie said he would like to put up a screen between the decks. Doug Cahill asked about the Tap Room bar activities. Planning and Environmental Commission Minutes June 12, 2000 E Approved June 26, 2000 Tom Bonnie said the Tap Room was moving into lunches everyday outside and hor's deurves into the evening until it was too cold outside. Doug Cahill said he could see the adjacent's concern with an overflow of a noisy bar, but not with dining. He said the stairs could be moved to the door on the west end. Tom Bonnie said they had tried to maximize the deck and still be within code and said they would love to move to the east closer to the residential unit on that side. Doug Cahill said to move the stair to line up with the door to the west making the existing deck come out to - the property line. Tom Bonnie said there were main gas lines coming through and mentioned that the rise to run gets steeper and there would not be enough horizontal distance for the rise. Tom Weber said it was an appropriate spot for a deck. He said he was concerned with covering up the entrance and said, from an architectural standpoint, that he would rather see that deck move over than have a screen there. He said if there could be an agreement with the Town on Tract H, given that that tract was for recreational purposes, there would be an argument that this was the best place for the deck. He then suggested that the deck be pulled in a couple of feet from the neighboring deck. Brian Doyon said this was an appropriate use. He would like the pine trees to the east cut down for more sun. Chas Bernhardt said it was appropriate for the zone district. He said - the adjacents were stuck with the use and he liked the idea of moving the deck away, but since it would cut the size of the deck down, he liked the idea of moving the staircase, which would give more usable space on the deck. He suggested set hours of 7a.m. to 7p.m., so there would not be late -night drinking hours. Tom Bonnie asked if it would be possible to extend the hours until 9:30 p.m. Chas Bernhardt said the applicant would need something to appease the neighbors and would like to see the deck moved with the stairway investigated. Tom Bonnie said he would like to figure out how to be good neighbors: Galen Aasland said this met the intent of the Town, but he recognized the conflict between the adjacent neighbor. He said he would like to see a reasonable buffer and as part of the condition of approval, there should be a reasonable separation. He stated that residential properties in the CC1 should recognize that a conditional use deck might go in. Brian Doyon made a motion for approval, in accordance with the staff memo. The motion failed for lack of a second. Tom Weber said he would like to set a minimum distance between decks. Discussion ensued between Brian Doyon and Tom Weber. Galen Aasland said we needed to set some kind of reasonable separation and the PEC was entitled to ask for a reasonable buffer. Planning and Environmental Commission Minutes June 12, 2000 E 9 Approved June 26, 2000 Tom Bonnie asked if there were any guidelines for this separation, rather than being arbitrary. Galen Aasland said this was a conditional use permit, with conflicting interests. Tom Moorhead said Galen correctly defined it. Allison Ochs said the PEC could table this and propose a separation distance, or the PEC could set a separation distance. Brian Doyon said the DRB should take care of this and that the applicant should provide this to the DRB. Tom Weber said that one of the criteria for the PEC to address was light and air. Chas Bernhardt said - the width of the staircase might be an adequate buffer. Doug Cahill agreed that it would be a substantial buffer. Rick Mueller said tabling this would not be advantageous to the applicant, as they wanted to catch some of the summer traffic. Tom Weber said it was the responsibility of the applicant to come up with a buffer. He said he would be more comfortable with tabling this, to let the applicant come up with a separation suggestion. George Ruther suggested tabling this and have the applicant propose some sound and visual design alternatives. He said the applicant could then go to the DRB meeting for a conceptual review and then come back to the PEC. Galen Aasland suggested tabling this and coming back in two weeks. Tom Bonnie explained the site with the gas lines, power lines, etc. He said he didn't want a $30,000 deck to become a $100,000deck. Chas Bernhardt said tabling would only set the process back one week. Galen Aasland said the use was appropriate, but the buffer was important. George Ruther summarized the PEC's comments. He said the PEC was agreeable to the use, but the PEC needed some alternatives to the buffering. Tom Weber said there were other ways to do this with a screen, rather than pulling the deck back. Brian Doyon said he supported this the way it was. Doug Cahill said he supported it with conditions of numbers and operating hours. Tom Moorhead said it was within the PEC's authority to require operation times, when considering adjacent properties and said this was not unusual for operational -type issues. Galen Aasland asked for this to be tabled, so staff could research other properties to Planning and Environmental Commission 5 Minutes June 12, 2000 `n 0 Approved June 26, 2000 treat everyone fairly. Doug Cahill made a motion to table this to the June 26, 2000 meeting. Chas Bernhardt seconded the motion. The motion passed by a vote of 4 -1, with Brian Doyon opposed. 5. A request for a building height variance from Section 12 -6D -7 Vail Town Code, located at 1755 West Gore Creek Drive /Lot 6, Vail Village West 2 nd Filing. Applicant: Daniel and Karen B. Forey Planner: Allison Ochs WITHDRAWN 6. A request for a conditional use permit, to add a Type II Employee Housing Unit to an existing primary unit, located at 375 Forest Road /Lot 3, Block 2, Vail Village 3` Filing. Applicant: Greg Vickers, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTIL JUNE 26, 2000 7. A worksession to discuss a proposed zoning code amendment to Section 12 -7B- 18 (Location of Business Activity), which would allow for mobile information dissemination within the CCI Zone District on public property. Applicant: VVTCB Planner: Allison Ochs WITHDRAWN 8. SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill Chas Bernhardt Galen Aasland Brian Doyon Tom Weber Diane Golden John Schofield Jan -Apr. 5, '00 Apr 19, '00 May 3, '00 May 17, '00 Jun 7, '00 June 21, 00 Jul -Sep '00 Oct -Dec '00 George Ruther suggested reducing the impact by scheduling PEC reps for two months at a time and that he had tried to get Council to do away with this altogether. Brian Doyon said it was not up to the PEC to make quorum. Tom Weber said he was in favor of 1 month intervals. 9. Information Update Planning and Environmental Commission Minutes June 12, 2000 E Approved June 26, 2000 Russ Forrest mentioned the Wednesday night ComFac meeting at Red Sandstone at 5p.m. He mentioned the next step would be reviewing the 4 alternative concepts and on the 18 they would be asking Council to narrow down the alternatives. He then gave a Donovan Park update and said the VRD would operate, but not pay for recreational updates. Galen Aasland said he felt that PEC worksessions should be in a public forum and thought the pre- meeting should be held in the Council Chambers. 10. Approval of May 8, 2000 minutes. Chas Bernhardt made a motion to approve the amended minutes. Doug Cahill seconded the motion. The motion passed by a vote of 4 -0 with Tom Weber abstaining. Chas Bernhardt made a motion to adjourn. Doug Cahill seconded the motion. The motion passed by a vote of 5 -0. The meeting adjourned at 3:40 p.m. Planning and Environmental Commission Minutes June 12, 2000 H. After reviewing the goals of the Town of Vail and after discussions with the Community Development staff an application was made to increase the size of the deck at the Vista Bahn Building located at 333 Bridge Street. The purpose was to increase the size of the exterior deck to provide outside seating space to compliment and expand the Tap Room Restaurant service area. It was made clear that this was a desirable addition for the Town. Applications for a Conditional Use Permit and design approval were properly submitted and processed. We met with the Planning and Environmental Commission and the Design Review Board on two occasions each. While the PEC approved and highly supported the deck use, its direction to us was counter to that of the Design Review Board. Plans were amended several times in order to accommodate conflicting direction given by the two Boards. We have attempted to resolve the stated desires of Board members in an open manner. It is our goal to be cooperative in meeting public goals as well as providing a practical design. Application was originally made to construct a deck to extend southward from the existing restaurant in the configuration as described on Exhibit A. Subsequent to and in response to suggestions by various Design Review Board members, the plan was modified as shown on Exhibit B. Principally, the deck area was reduced above the stairwell to improve headroom and to increase natural light to the area below. Additionally, a planter was proposed at the northwest corner of the deck to increase noise protection for the neighbor to the west and was stepped -down to assure maintenance of their existing views. One of the suggestions of the Design Review Board was to reduce the deck to a parallel line with the building, north of the bottom of the stairwell. This made the addition impractical from a cost and use point of view. However, a revised design was submitted for review by the Planning and Environmental Commission as shown on Exhibit C. This was the minimum area for a useful deck. The Planning and Environmental Commission approved the "use of the deck, but restricted it's westward extent to a specific point on the building in order to lessen potential impacts to adjacent properties. The Board further stated that greater extension eastward to make the addition practical was preferred. Upon revising the plan and again meeting with the Design Review Board, the plan was formally not approved. The plan as revised and review by the Design Review Board is included as Exhibit D. E TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970- 479 -2138 FAX 970-479-2452 www ci. vail. co. us June 22. 2000 Terrill Knight Knight Planning Services, Inc. P.O. Box 974 Eagle, CO 81631 RE: Addition of the Vista Bahn Building deck for outdoor dining at the Tap Room Dear Terrill, The Design Review Board conceptually reviewed the deck addition at the Vista Bahn Building at their June 21, 2000 meeting. The following were their comments and concerns: The deck will create a dark and uninviting space for the pedestrian flow that was intended with the original building design. 2. The board generally felt that the angles of the deck were out of character with the existing building. Instead, the board felt that they would be more supportive of expanding the existing decks and opening up the restaurant more to the outside. 3. The board felt that the deck would create a dark, wet entrance to the ski lockers. The also felt that the head height created would not be conducive to people carrying skis. 4. The board felt that using up all of the available space was not an elegant solution. The proposed deck introduced a vocabulary unfamiliar to the existing building. 5. The board also expressed concerns about the proximity of the deck to the adjacent residential use. The Planning and Environmental Commission hearing on the conditional use permit for the outdoor dining deck has been tabled to the July 10, 2000, meeting to allow you adequate time to integrate the Design Review Board's comments into the proposal. Please submit new plans to me no later than July 3` Once plans are submitted, I will schedule the deck for final design approval. Should you have additional questions, please do not hesitate to contact me at 479 -2369. Sincerely, Allison Ochs Planner II Town of Vail CC: Planning and Environmental Commission ��� RECYCLED PAPER 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 10, 2000 C * 1 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1s` Filing. Applicant: Remonov and Company Planner: Allison Ochs DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 1s'. The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. It. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: That the proposed location of the use is 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 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. 4VAIIL At TOW E E Should the Planning and Environmental Commission choose, to approve this conditional use permit, staff recommends the following condition: 1. That the deck is shortened in compliance with the Design Review Board's conceptual review of June 21, 2000 (see plan). III. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: The Planning and Environmental Commission is responsible for evaluating this conditional use permit application for: 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board The Design Review Board is responsible for evaluating the Design Review application for: 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal /Preservation of trees and native vegetation 5. Adequate provision for snow storage on -site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks IV. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: 6 A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with, these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to l:he proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Plannina and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is 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 would be operated or maintained health, safety, or welfare or improvements in the vicinity. use and the conditions under which it would not be detrimental to the public materially injurious to properties or 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 4 I r Il ii L La_ o', �! a 1 111 '"°."' -- -- - - -- - - -- - - - -- - -- 1 1� m � 1 G Vd JMOO � �= e� a pw O _ w low- } ! I r Il ii L La_ o', �! a 1 111 '"°."' -- -- - - -- - - -- - - - -- - -- C APPROVED 7/24/00 PLANNING AND ENVIRONMENTAL COMMISSION July 10, 2000 Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Galen Aasland John Schofield George Ruther Chas Bernhardt Tom Weber Brent Wilson Diane Golden Doug Cahill Allison Ochs Brian Doyon Judy Rodriguez Public Hearing 2:00 p.m. Galen Aasland called the meeting to order at 2:00 p.m. 1. A request for a sign variance, from Section 11 -46 -19 (13)(4), to allow for a third business identification sign, located at 458 Vail Valley Drive (Larkspur Restaurant)/Tract F, Vail Village 5 th Filing. Applicant: Larkspur Restaurant & Bar Planner: Brent Wilson Briar) Doyon made a motion to table this item until the next meeting. Chas Bernhardt seconded the motion. The motion passed by a vote of 4 -0. 2. A request for a major CC exterior alteration and a variance from Section 12 -713-12 (height), to allow for a dormer addition, located at 183 Gore Creek Drive (Sitzmark Lodge) /Lot A, Block 5B, Vail Village 1" Filing. Applicant: Sitzmark Condominium Association Planner: Brent Wilson Brent Wilson gave an overview of the staff memo. Galen Aasland said that Slifers, Pepi's, Lodge at Vail, Vista Bahn Building and the Bridge Street Lodge had requested height variances in the past. He said he wanted to know their outcomes, in order to be fair to the applicant. George Ruther explained the height variances that had been requested and granted in the past. Galen Aasland asked if there was any applicant comment. Bob Fritch said his proposal was consistent with the master plan and said that the dormer would break up the roofline making it more interesting. He said that they were consistent with the building next door with relation to height and that no view would be blocked. Galen Aasland asked if there was any public comment. Galen Aasland stated that the PEC would now take a minute to review the Slifer and Gasthof Gramshammer prior variance requests. Planning and Environmental Commission Minutes July 10, 2000 APPROVED 7/24/00 Brian Doyon asked if the applicant had any GRFA left. Brent Wilson said they had 1100 sq. ft. of GRFA left. Brian Doyon stated that the existing building was the hardship. He said if the applicant wanted to use up the allowable GRFA, he would have to go up, since he was surrounded by buildings. I can see granting this using the existing building as the hardship. Bob Fritch said there were 35 lodge rooms and 1 residential unit. Brian Doyon explained since they couldn't go out the sides, he could see giving a height variance. Galen Aasland clarified the different uses in the building. He said the hotel units were seen differently than the condo units. Chas Bernhardt said the Sitzmark was built prior to the current zoning, and so it was not a grant of special privilege. Diane Golden agreed with Chas. Galen Aasland said the Slifers were approved in 1989 and denied in 1998 because they were asking for density. He said it appeared that the Slifers were given an approval in '89 because they weren't asking for density. He said the building was built before zoning and the height would not be affecting anyone. He said however, that if this was in the front row like Cyrano's, he wouldn't vote for it. Brent Wilson suggested making two separate motions with this request. Brian Doyon said he would like the DRB or staff to make sure it did not exceed 8'. Bob Fritch said the gable was up to 9' from the slab and less than a foot and a half on the sides. Galen Aasland said they were comfortable with 52 1 /2 '. Brian Doyon made a motion to approve the major CC1 Alteration, subject to the finding on page 2. Diane Golden seconded the motion. The motion passed by a vote of 4 -0. Brian Doyon made a motion to approve the variance with required findings on page 7 & 8. Chas Bernhardt seconded the motion. The motion passed by a vote of 4 -0. 3. A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1' Filing. Applicant: Remonov and Company Planner: Allison Ochs Allison Ochs gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. Planning and Environmental Commission Minutes July 10, 2000 vo ® APPROVED 7/24/00 Terrill Knight explained his renderinglo the PEC and said he still had to go back to the DRB and address the access below. Galen Aasland asked if there was any public comment. He said, for the record, that Tom Moorhead said residents in the CC1 Zone District could expect a restaurant use. He said the PEC would weigh the impacts of this proposal to protect the adjacent's property. He mentioned that the neighbor was providing some of the 4' separation from the neighbor's deck. Diane Golden said a server station in that location would be worse than a table there. Galen Aasland asked if the planter was 1' wide. Allison Ochs said it would come out 9 sq. ft. from the wall and there would be 707 sq. ft. of deck area. Diane Golden stated that they were close to the neighbor, but mentioned that nobody had heard from the neighbor either way and also outdoor dining decks were encouraged. Brian Doyon said he was in favor of this. He said he disagreed with the DRB and still thinks it should go out from the eastern side and should pull back and said he encouraged an irregular deck. Chas Bernhardt agreed with Brian, specifically with regards to pulling away from the other deck some more. He said if the deck started just east of the copper roof, then it would have adequate separation from the unit next door and wouldn't infringe on the light and air below. He said he also liked an irregular deck. Terrill Knight said the DRB was thinking smaller. Diane Golden said she read a letter of opposition from the Bridge Street Lodge. Allison Ochs said staff would recommend approval if the deck was made smaller. Brian Doyon said if the two squares were taken off that run perpendicular to the building than it would provide the buffer that was needed. Allison Ochs said the PEC needed to focus on the use and impacts and let the DRB review the architectural details. Galen Aasland said tables would look into the adjacent property owner's living room and so what the PEC was asking for was a reasonable buffer. He said if more space was added to the east he would be fine with that space, but a 1' landscape buffer was not sufficient. He said his choice would be to have the juncture be stucco. George Ruther clarified that the point east of the door was the approximate location where the deck would terminate and summarized that the PEC wanted nothing further west of the stucco pillar. Brian Doyon made a motion for approval, in accordance with the staff memo, with the condition that the deck be shortened to the west end of the stucco pilaster. Chas Bernhardt seconded the motion. The motion passed by a vote of 4 -0. 3 Planning and Environmental Commission Minutes July 10, 2000 E 0 APPROVED 7/24/00 4. A request for a variance from Section 12 -6F -6, to allow for a garage addition, located at 4718 Meadow Drive/Tract B, Bighorn Townhomes Subdivision. Applicant: Bill Bernardo, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTIL JULY 24, 2000 Chas Bernhardt made a motion to table the above item. Diane Golden seconded the motion. The motion passed by a vote of 4 -0. 5. Information Update Russ Forrest gave an update on the Community Facilities, in terms of the three developed uses on the site and encouraged the PEC to participate. Russ gave an update on an administrative change to DRB applications. He said effective May 1st, both signatures would be required on an application for Parcel C lots. He said he would like to discuss with the PEC having the same requirement for parcels just A and B lots. Tom Moorhead said property rights would be a concern with A and B parcels, as far as GRFA and it was not within our rights to determine property rights and available GRFA. Brian Doyon said a lot of work won't get done since a lot of neighbors don't like each other. He said the PEC was not here to pass judgement and until they resolve their problems, he didn't want to see them. Tom Moorhead said since it was a tremendous time allocation on our resources, he would like to come up with a procedure to bring the parties together. Brent Wilson said, for the record, that he had received 144 emails from the Ferry /Repetti situation. Brian Doyon suggested getting the signature of the neighbor before coming in, as it was wasting staff and the PEC's time. Chas Bernhardt agreed that it had to be settled before coming in. Galen Aasland summarized that it was very appropriate on an ABC property, however AB properties may have individual property rights, so it may be overstepping the Town's right to do this. However if it was to be adopted, it should be a fair due process with written notice. 6. SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill - Jan -Apr. 5, '00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, '00 Brian Doyon - May 17,'00 No Rep - Jun T'00 Tom Weber - Jun 21, '00 John Schofield - Jul 5, '00 - Jul 19, '00 Planning and Environmental Commission Minutes July 10, 2000 4 Aug 2, '00 - Aug 16, '00 Sep 6, '00 Sep 20, '00 John Schofield - Oct -Dec '00 APPROVED 7/24/00 Chas Bernhardt volunteered to be the PEC rep for DRB for July 19 7. Approval of June 26, 2000 minutes. Brian Doyon made a motion to approve the amended minutes. Chas Bernhardt seconded the motion. The motion passed by a vote of 4 -0. Diane Golden made a motion to adjourn. Brian Doyon seconded the motion. The motion passed by a vote of 4 -0. The meeting adjourned at 3:35 p.m. 5 Planning and Environmental Commission Minutes July 10, 2000 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 10, 2000 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1s Filing. Applicant: Remonov and Company Planner: Allison Ochs I. DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 1s'. The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. II. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: That the proposed location of 'the use is 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 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. TOWN *YAIL vr/ Should the Planning and Environmental Commission choose,to approve this conditional use permit, staff recommends the following condition: That the deck is shortened in compliance with the Design Review Board's conceptual review of June 21, 2000 (see plan). IV. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission. The Planning and Environmental Commission is responsible for evaluating this conditional use permit application for. 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board The Design Review Board is responsible for evaluating the Design Review application for. 1. Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal/Preservation of trees and native vegetation 5. Adequate provision for snow storage on -site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: �1 2 A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with. these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Planning and Environmental Commission shall make_ the following findings before granting a conditional use permit: 1. That the proposed location of the use is 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 would be operated or maintained health, safety, or welfare or improvements in the vicinity. use and the conditions under which it would not be detrimental to the public materially injurious to properties or 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 4 .f A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with. these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 p evm 7, �77777- I ail o c p evm 7, �77777- I ail �,i Val PLANNING AND ENVIRONMENTAL COMMISSION June 26, 2000 Minutes MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden John Schofield Doug Cahill Tom Weber Public Hearing MEMBERS ABSENT: Brian Doyon Galen Aasland called the meeting to order at 2:00 p.m. 2:00 p.m. 1. A request for a front setback variance from Section 12 -6C -6, Vail Town Code and a side setback variance from Section 12 -6C -6, Vail Town Code, to allow for a new single- family residence, located at 5133 Black Bear Lane /Lot 14, Block 2, Gore Creek Subdivision. Applicant: Kurt Davis Planner: Brent Wilson Brent Wilson gave an overview of the staff memo. Galen Aasland asked if the applicant had anything to add. Kurt Davis said he would be available to answer questions. Galen Aasland asked if there was any public comment. There was no public comment. Doug Cahill asked how large the structure was. Kurt Davis said the total was 3,229 sq. ft. and said he had gone to the Army Corp of Engineers twice throughout the process of designing the house. He said the Army Corp of Engineers was pleased that the house was designed around the wetlands. John Schofield said clearly that the lot, under today's regulations, wouldn't be allowed, but the fact that it was non - conforming was a hardship. He said similar variances were granted for wetlands and setback problems, so the applicant had overcome the special privilege. Diane Golden agreed with John and Doug. Tom Weber asked if the applicant could stay out of the side setback. Kurt Davis said that various ways were attempted to try to move the garage, but they found themselves entering into the drainage area. He said they took GRFA out of the second level, but trying to move the garage created more problems and they were maxed out on the height right now. Chas Bernhardt had no comments. Planning and Environmental Commission Minutes June 26, 2000 STAFF PRESENT: George Ruther Brent Wilson Judy Rodriguez 1 D 0 Galen Aasland asked if the adjacent neighbors had been notified. Kurt Davis said he talked to - the neighbors on the west side and they said they wanted to see a quality product. Galen Aasland said this met the criteria for granting a variance and mentioned the 24' setback from the road. John Schofield made a motion for approval, in accordance with the staff memo. Doug Cahill seconded the motion. The motion passed by a vote of 6 -0. 2. A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1 St Filing. Applicant: Remonov and Company Planner: Allison Ochs TABLED UNTIL JULY 10, 2000 3. A request for a variance from Section 12 -6F -6, to allow for a garage addition, located at 4718 Meadow Drive/Tract B, Bighorn Townhomes Subdivision. Applicant: Bill Bernardo, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTIL JULY 10, 2000 John Schofield made a motion to table items #2 and 3 until July 10, 2000. Diane Golden seconded the motion. The motion passed by a vote of 6 -0. 4. A request for a worksession to discuss a proposed setback variance from Section 12 -6G- 6 of the Town Code, located at 4255 Columbine Way. #16 /Lot 16, Bighorn Terrace. Applicant: Bob Gross Planner: Allison Ochs WITHDRAWN 5. A request for a conditional use permit, to add a Type II Employee Housing Unit to an existing primary unit, located at 375 Forest Road /Lot 3, Block 2, Vail Village 3` Filing. Applicant: Greg Vickers, represented by Gwathmey Pratt Schultz Planner: Allison Ochs WITHDRAWN Planning and Environmental Commission Minutes June 26, 2000 M • 6. SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2000 - Doug Cahill - Jan -Apr. 5, '00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, '00 Brian Doyon - May 17,'00 No Rep - Jun 7, '00 Tom Weber - Jun 21, '00 John Schofield - Jul 5, '00 July 19? John Schofield - Oct -Dec '00 Diane volunteered to be the backup for John Schofield for July 5, 2000. 7. Information Update John Schofield said, for the record, that the staff was doing a great job in giving information. He again said appointing a PEC member on the DRB was redundant. George Ruther said they were taking the PEC rep on the DRB issue to Council with an Ordinance to take away the PEC rep on the DRB and instead have a 5 th DRB member. Doug Cahill asked if the PEC could have the DRB minutes or memos from the DRB. ✓ Discuss moving meeting to Council Chambers Galen Aasland said he was concerned about how the pre- meetings were done in the conference room and said Jim Lamont stated that the pre- meeting was not open to the public. George Ruther suggested moving the pre- meeting to the Council Chambers with box lunches being provided. He said if the worksessions were held in the Council Chambers, the PEC may want to consider not having input during the pre- meeting. He then offered the alternative of putting a "Public welcome" on the published notice for the pre- meeting. John Schofield asked if the PEC would allow public input at a pre- meeting and if the PEC would take the public on the site visits. Galen Aasland said the Council doesn't haul the public around. John Schofield said we were doing everything legally and that it was just a public perception. George Ruther said the public is welcome to attend the site visits. Simply moving the meeting might change the perception, since the Chamber is a civic place. John Schofield said we have the public input here and asked if we would have to have it on record over there. Doug Cahill said he was in favor of keeping it status quo and that separation was a good thing, since by having it separated, our questions were not geared to the public. He thought the public might feel more rejected in the other room by standing there and not being able to give input. Diane Golden said after the public knows they are welcome by publishing it for a little while, we can make a decision. Planning and Environmental Commission Minutes June 26, 2000 Tom Weber suggested posting signs on the applicant's property noting Ytat a meeting was taking place. He said after increasing our advertising, if it gets too cumbersome in terms of size, we can move over to the Council Chambers. Chas Bernhardt agreed with Tom and said that publishing "Public Welcome" might be the only step we need to do. Tom Weber said he was not sure if the public got the notice. George Ruther said a notice of the meeting was not required to be posted on site. Tom Weber said it was typically - the applicant who posted the sign on their property. George Ruther said the Planners were doing an update on notification in the code and would like signs on the property to be added. Doug Cahill suggested advising the applicants at the time of application. Diane Golden said the Town doesn't have money to put up signs. Tom Weber said it would be the applicant's responsibility. Chas Bernhardt stated that the PEC just approved square footage in the front setback, but just denied inches a couple of months ago and asked how this was being consistent. Galen Aasland said the Code supports this application, since the other hardship was entirely created. He said this application was severely encumbered by a small lot and wetlands, which demonstrated a lot of hardship. John Schofield said the other one was a lousy design and from my point of view, that was the major difference; in other words, one was self- imposed with a poor design. He said in 1969 homeowners would have filled in the wetlands, but the Corp came into existence in the '80's. Diane Golden said we did the right thing. She said it was the common sense thing that bothered her. Tom Weber said Kurt could have designed his house to conform to the wetlands without a variance and the gray area in his mind was what was reasonable. George Ruther suggested doing some training in our pre- meetings for discussion on the variance procedures by going through those sections of the code and why a variance procedure exists in a regularity document. John Schofield suggested that staff keep a record of variances. George Ruther said that variance data could be managed in the GIS system, but mentioned that rarely are two variance requests the same. John Schofield said since staff turns over and the PEC Commissioners turn over, in the long run a history of variances might keep the Town out of litigation. 8. Approval of June 12, 2000 minutes Chas Bernhardt made a motion to approve the amended minutes. 4 Planning and Environmental Commission Minutes June 26, 2000 Tom Weber seconded the motion. n The motion passed by a vote of 5 -0, with Diane Golden abstaining. Tom Weber made a motion to adjourn. John Schofield seconded the motion. The motion passed by a vote of 6 -0. The meeting adjourned at 3:05 p.m. 5 Planning and Environmental Commission Minutes June 26, 2000 TOWN OF VAIL June 7, 2000 Terrell Knight PO Box 947 Eagle, CO 81631 Fax: 328 -6254 RE: Vista Bahn Building Deck Addition Dear Terrell: The Community Development Department has reviewed your plans for the Vista Bahn Building Deck addition. The following comments and concerns must be addressed prior to final approval: 1. Staff recommends that the proposed deck encroachment into Tract H, Town of Vail owned property, be removed. As Tract H is the stream tract, improvements and encroachments are highly discouraged. 2. Please indicate the 30' Mill Creek Stream setback on the plans. If you are encroaching into this setback, a variance will be required, in addition to the Conditional Use Permit you have requested. If this variance is necessary, it will have to be advertised according to Town Code. Please do not hesitate to contact me at 479 -2369, should you have any questions. Sincerely, /g/"- Allison Ochs Planner II Town of Vail RECYCLED PAPER Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 - 479 -2138 FAX 970 - 479 -2452 P MEMORANDUM TO: Planning and Environmental Commission I FROM: Community Development Department DATE: June 12, 2000 SUBJECT: A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1S Filing. Applicant: Remonov and Company Planner: Allison Ochs DESCRIPTION OF THE REQUEST The Vistsa Bahn Building is proposing an outdoor dining deck to be located at 333 Hanson Ranch Rd. / Lot C, Block 2, Vail Village 1S The establishment of outdoor patio dining is a conditional use in the CCI Zone District. The deck addition will allow for outdoor seating for the Tap Room Restaurant. The deck addition will be reviewed by the Design Review Board for compliance with the Vail Village Urban Design Considerations. II. STAFF RECOMMENDATION Staff is recommending approval of the conditional use permit to allow for the establishment of an outdoor patio dining deck, based on the following findings and the criteria outlined in this memo: 1. That the proposed location of the use is 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 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. TOWN OF PAIL{ Should the Planning and Environmental Commission choose to approve this conditional use permit, staff recommends the following condition: That the proposed deck encroachment is entirely removed from the Town of Vail Stream Tract or resolved with the Town Attorney prior to Design Review Board approval. a. III. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: The Planning and Environmental Commission is responsible for evaluating this conditional use permit application for 1. Relationship and impact of the use on development objectives of the Town. 2. 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. 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 streets and parking areas. 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. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. 7. Conformance with development standards of zone district Design Review Board. The Design Review Board is responsible for evaluating the Design Review application for 1 . Architectural compatibility with other structures, the land and surroundings 2. Fitting buildings into landscape 3. Configuration of building and grading of a site which respects the topography 4. Removal /Preservation of trees and native vegetation 5. Adequate provision for snow storage on -site 6. Acceptability of building materials and colors 7. Acceptability of roof elements, eaves, overhangs, and other building forms 8. Provision of landscape and drainage 9. Provision of fencing, walls, and accessory structures 10. Circulation and access to a site including parking, and site distances 11. Location and design of satellite dishes 12. Provision of outdoor lighting 13. The design of parks IV. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, 'the Community Development Department recommends approval of the conditional use permit request to allow for the establishment of the outdoor dining deck at the Vista Bahn Building based on the following factors: 2 A. CONSIDERATION OF FACTORS: Relationship and impact of the use on the development objectives of the Town. Staff believes the applicant's proposal is in concert with the Town's development objectives and will have minimal impacts on existing or potential uses in the surrounding area. The following development objectives of the Town are listed in the Vail Village Master Plan and staff believes are relevant to this proposal: 2.1 Recognize the variety of land uses found throughout the Village and allow for development that is compatible with these established land use patterns. 3.3 Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas 3.3.2 Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 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. Staff believes that the proposal will have minimal, if any, negative impacts on the above - described 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 believes there will be minimal, if any, negative impacts on the above - described 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 believes that the proposal has many positive aspects and that the character of the area will be enhanced as a result of the proposed improvements. Los Amigos has an outdoor dining deck similar to the proposed Tap Room deck. As this site is adjacent to the ski yard, staff believes this will be an amenity to the public. However, staff recognizes that there are residential uses adjacent to the proposed outdoor dining deck. All Town of Vail noise ordinances are applicable to this site. As a conditional use permit, the Planning and Environmental Commission has the ability to revisit the conditions imposed upon it, should any conflicts arise between adjacent uses. 3 B. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is 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 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. 4 Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is contacting owners to resolve any issues. Positive impacts are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. f� lw l i I !I 61 � � A�� ='� THE VA.IL VI CLUB � ARCHI�CTS B SECOND LEVEL S � .� DECK PLAN ax fro r. i V. - k oil 6q, my 0 0 � �XI ue�: l0by cvw#a,� Wy wvot ��rn` C�ncUrnul w(,�i,�k� �O dui Novi/ omml 6 s Wren J46 Au,-08 -2000 02:21pm From -Too OF VAIL 0704722157 T -083 P.001/002 F -12o r�� OF VAIL REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANMNG AND ENVIRONMENTAL CONI MISSION ACTION A ACTION/DECISION BEING APPEALED. _ Denial of the application for a deck addi tion for restaurant use by the Design Review Board approval of a conditional use permit by the Plannina and Environmental Commission. August 2nd B. DATE OF ACTION/DECISION: Vote to approve- defeated on a 2 to 2 vote. C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Design Review Board D. NAME OF APPELLANT(S): Remonov and Company MAILING ADDRESS: P.O. Box 1888 Edwards, CO 8 333 Ha Ra Rd. 926 -6226 PHYSICAL ADDRESS IN VAIL: PHONE: Lot C Block 2 Vail LEGAL DESCRIPTION OF APPELLANT'S PROPERTY P.� VAIL: '_ _ Village 1st. E. SIGNATURE(S): Post -h' Fax Note . 7671 as �.. . 00 +► .� CodOeDe. Co. -r0 V Phone s Phone r Fax 2 F..(,zS 1 -f Faye !T/9�L�S7 Page I of 2 ------ - - - - -- Aus -08 -2000 02:ilpm From -TOM OF VAIL 9704792157 T -083 P 002/002 F- 129 F. Does this appeal involve a specific parcel of land? 4 X If yes, please provide the following information. are you an adjacent property owner? Yes no X If no, give a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. This appeal of the Design Review Boar and Planning and Environme Commission decisions is for the purpose of establishing an outdoor restaurant and bar area in accordance with the goals of - the Town of Vail. G. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of properry which are the subject of the appeal and all adjacent property owners (including properties separated by a right -of -way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the Iist_ K On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: 50.00 Page 2 of 2 J 2101- 08242 -001 Remonov & Co. 298 Hanson Ranch Rd. P.O. Box 1888 Edwards, CO 81632 2101- 082-42 -008 Vail Corp. Hanson Ranch Rd. - VV5 Tract E P.O. Box 7 Vail, CO 81658 2101- 082 -42 -009 Town of Vail Hanson Ranch Rd. - VV5 Tract H 75 S. Frontage Rd. Vail, CO 81657 2101 - 082 -39 -004 Town of Vail 384 Gore Creek Dr. 75 S. Frontage Rd. Vail, CO 81657 2101- 082 -69 -010 - Unit 112 Vail Corp. Hanson Ranch Rd. - VV5 - Tract E P.O. Box 7 Vail, CO 81658 2101- 082 -42 -009 Town of Vail Hanson Ranch Rd. - VV5 Tract H 75 S. Frontage Rd. Vail, CO 81657 Adjacent Property Owners Red Lion Inn Condos 304 Bridge St. Vail, CO 81657 2101 - 092 -53 -007 - Unit R -1 Oscar L. Tang 600 5th Ave. 8th Fir. New York, NY 10020 2101 - 082 -53 -010 - Unit C -1 Landmark Commercial Dev. Co. W. Lionshead Cir #10 Vail, CO 81657 2101 - 082 -53 -009 - Unit R -3 Mary Hart Sugarman c/o The Giant Corp. 9000 Sunset Blvd. 16th Flr. Los Angeles, CA 90069 Bridge Street Lodge 278 Hanson Ranch Rd. Vail, CO 81657 2101- 082 -69 -001 - Unit 101, 101 -A Colorado Ski Service P.O. Box 2796 Vail, CO 81658 2101- 082 -69 -004 - Unit 102 Rad Three LLC 228 Bridge St. Vail, CO 81657 2101- 082 -69 -013 - Unit 221, 221 -A Bolanovich Trust C/O John Kaemmer 434 Gore Creek Dr. Vail, CO 81657 w J 2101 - 082 -69 -016 - Units S -2, 5 -12, 401, 403 Robert E. Cannon P.O. Box 80407 Memphis, TN 38108 2101 - 082 -69 -018 - Units S -5, 301, 308, 310 Arnold Bissegger Living Trust 2625 S. Atlantic Ave. 5 NE Daytona Beach Shores, FL 32118 2101- 082 -69 -020 - Units S -8, 202, 204 Bridge Street Assoc LLC 30100 Telegraph Rd. Ste. 20 Bingham Farms, MI 48025 2101 - 082 -69 -022 - Unit S -10 Rosslyn M. Valentine 278 E. Hanson Ranch Rd. 501 Vail, CO 81657 2101 - 082 -69 -035 - Unit 309 Arthur C. & Emma Jane Qualpers Residence Trust 10 Laurel Parkway Chevy Chase, MD 20815 2101 - 082 -69 -040 - Unit 501 278 Hanson Ranch Road LLC 21 Sears Rd. Brookline, MA 02445 2101 - 082 -69 -002 - Units 100, 102 -A, 104, 105, 106 Riley - BSL LLC 228 Bridge Street Vail, CO 81657 2101 - 082 -69 -006 - Unit 103 Karl & Ursula Hoevelmann 4207 E. Columbine Dr. 5 Vail, CO 81657 2101- 082 -69 -011 - Unit 220, 220 -A John Kaemmer Trustee 291 Bridge St. Vail, CO 81657 2101 - 082 -69 -015 - Units S -1, 5 -13 MBW Realty c/o Clark Willingham 3878 Oak Lawn Ave. 606 One Turtle Ck Vg Dallas, TX 75219 -4471 2101 - 082 -69 -017 - Units S -4, 302 Robert & Natalie Bissegger 5345 Wind Point Rd. Racine, WI 53402 2101 - 082 -69 -019 - Units S -7, 303 Robert Masterson P.O. Box 390186 Omaha, NE 68139 -0186 2101 - 082 -69 -021 - Units S -9, 306 Georgi LLC 30 Madison House, The Village 101 Amies St. London SW11 2JW, England 2101 - 082 -69 -023 - Units 5 -11, 201 Robert & Nancy Bartels Revocable Trust 3426 S. Twyckenham Dr. S. Bend, IN 46614 2101 - 082 -69 -038 - Unit 402 R. Howard Cannon c/o Buckeye Cellulose Corp. 7574 Poplar Ave. Germantown, TN 38138 2101 - 082 -69 -032 Unit - 304 Peter A. Bissegger 3021 Garretson Ave. Corona, CA 92881 H. After reviewing the goals of the Town of Vail and after discussions with the Community Development staff an application was made to increase the size of the deck at the Vista Bahn Building located at 333 Bridge Street. The purpose was to increase the size of the exterior deck to provide outside seating space to compliment and expand the Tap Room Restaurant service area. It was made clear that this was a desirable addition for the Town. Applications for a Conditional Use Permit and design approval were properly submitted and processed. We met with the Planning and Environmental Commission and the Design Review Board on two occasions each. While the PEC approved and highly supported the deck use, its direction to us was counter to that of the Design Review Board. Plans were amended several times in order to accommodate conflicting direction given by the two Boards. We have attempted to resolve the stated desires of Board members in an open manner. It is our goal to be cooperative in meeting public goals as well as providing a practical design. Application was originally made to construct a deck to extend southward from the existing restaurant in the configuration as described on Exhibit A. Subsequent to and in response to suggestions by various Design Review Board members, the plan was modified as shown on Exhibit B. Principally, the deck area was reduced above the stairwell to improve headroom and to increase natural light to the area below. Additionally, a planter was proposed at the northwest corner of the deck to increase noise protection for the neighbor to the west and was stepped -down to assure maintenance of their existing views. One of the suggestions of the Design Review Board was to reduce the deck to a parallel line with the building, north of the bottom of the stairwell. This made the addition impractical from a cost and use point of view. However, a revised design was submitted for review by the Planning and Environmental Commission as shown on Exhibit C. This was the minimum area for a useful deck. The Planning and Environmental Commission approved the "use of the deck, but restricted it's westward extent to a specific point on the building in order to lessen potential impacts to adjacent properties. The Board further stated that greater extension eastward to make the addition practical was preferred. Upon revising the plan and again meeting with the Design Review Board, the plan was formally not approved. The plan as revised and review by the Design Review Board is included as Exhibit D. VAIL TOWN COUNCIL WORK SESSION TUESDAY, September 19, 2000 12:00 P.M. AT TOV COUNCIL CHAMBERS NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Lunch meeting with the Planning and Environmental Russell Forrest Commission and the Design Review Board. (1:30 mins.) ACTION REQUESTED OF COUNCIL: Staff would suggest having a discussion regarding the following items. SUGGESTED ITEMS FOR DISCUSION: • Council Vision and Mission statement • Communication during a complex development review process (Chateau Redevelopment) • Expectations for applications, applicants, review boards, and staff (What do you want applicants and the public to say after an application is acted upon) • Other 2. Site Visit to Lot 15/16, Bighorn, 1552 Matterhorn and Vail Tom Moorhead Ridge. (45 mins.) Russell Forrest 3. Open Space Acquisition. (15 mins.) Russell Forrest ACTION REQUESTED OF COUNCIL: There are currently 3 open space acquisition actions for the Town Councils consideration. Staff would request direction on these three potential open space acquisition opportunities BACKGROUND RATIONALE: There are three separate and unrelated open space acquisition actions for the Town Councils consideration. They include: • Lots 15 & 16 in the Bighorn Subdivision, Second Addition. This was a high priority open space action in the Open Lands Plan. 1552 Matterhorn Circle to connect the lower bench and the middle bench of Donovan Park. • Unplatted parcel north of Vail Ridge. This was a high priority open space action in the Open Lands Plan. 4. Executive Session to Consider Land Acquisition. (30 mins.) Tom Moorhead Russell Forrest 5. Interview for DRB Appointment - One Position. (5 mins.) JI F N approval. This has been deemed complete as a valid development application by the Eagle County Community Development Department. The purpose of this presentation is to update the Town Council on the current status of the development plan. ACTION REQUESTED OF COUNCIL: None at this time. 7. Discussion of first reading of Ordinance No. 24, Series of 2000, George Ruther an ordinance amending Section 12 -11 -4 (Design Review, Materials To Be Submitted; Procedures), Section 12 -15 -4 (Interior Conversions, Process), Section 12 -15 -5 (Additional Gross Residential Floor Area; 250), Section 12 -16 -2 (Conditional Use Permit, Application, Contents), Section 12 -17 -2 (Application Information Required), adding the requirement for co -owner signatures on development review applications or written letters of approval to be submitted to the Town of Vail Community Development Department; and setting forth details in regard thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 24, Series of 2000, on first reading. BACKGROUND RATIONALE: On September 5, 2000, the Community Development Department presented a memorandum to the Vail Town Council outlining the many issues and conflicts associated with development review applications for jointly owned property. Specifically, staff addressed the issue of development on A,B,C and A/B parcels in the Town of Vail. Due to the joint ownership nature of much of the land in the Town and the need to insure fairness and consistency in the implementation of the Town's land use regulations, the Council directed staff to prepare an ordinance that would require all owners of a property being considered for development to sign the development review application. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 24, Series of 2000, on first reading. 8. Tap Room - Presentation of Revised Plans. (15 mins.) Allison Ochs 9. Review Evening Town Council Meeting Agenda of September 19, 2000. (5 mins.) 10. Information Update. (10 mins.) 11. Council Reports. (10 mins.) 1 ') n +her 110 mine o e THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 1013/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 10 /3 100, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 -hour notification. Please call 479 -2332 voice or 479 -2356 TDD for information. June 8, 2000 Planning and Environmental Commission of the Town of Vail 111 S. Frontage Rd. W Vail, CO 81657 El Re: Request for Conditional Use Permit at 333 Hanson Ranch Road (Vista Bahn Building) Ladies and Gentlemen: The Bridge Street Lodge Residential Condominium Association (the "Association ") as the duly authorized representative of the owners of residential units in the Bridge Street Lodge Condominium, is adamantly opposed and wishes to convey its most strenuous opposition and objection to the pending request by the Vista Bahn Building for a conditional use permit to permit outdoor dining (the "Permit Request ") scheduled for public hearing on June 12, 2000 before the Vail Planning and Environmental Commission ( "Commission "). As the Commission is aware, the Vista Bahn Building is situated immediately adjacent to Bridge Street Lodge. The Vista Bahn Building was originally permitted and approved by all applicable authorities without outside dining. If the current Permit Request had been part of Vista Bahn's original approval request, we most certainly would have opposed it at that time and feel confident such a request would never have been approved. It cannot be disputed that the introduction of outdoor dining and service of alcoholic beverages would necessarily adversely impact the harmony and serenity of our property and our experience here. Each of our owners now enjoys a degree of tranquility which would be destroyed be permitting outside dining as requested. Outdoor dining and liquor service would bring noise and commotion to the immediate residential area where none existed before. The adverse effect of the service and consumption of alcoholic beverages in an outdoor setting needs no further documentation. To the extent of music, dancing or other forms of entertainment are now being sought or would be requested and permitted in the future, an irrevocably poor decision made now would be made far worse. We urge the Commission to establish a clear, firm and unequivocal priority placing the peace and tranquility of residents and citizens first. Clearly, this is - first and foremost a quality -of -life issue. Not only would granting the Permit Request result in a direct and immediate deterioration of that quality of life, it would most certainly result in an ongoing adverse impact on property values of our members. As mentioned above, we urge the Commission not to permit now a request which we believe would never u have been approved if originally requested — to do so would encourage further political gamesmanship and further erode the basis on which our owners decided to invest and live here in the first place. Again, we wish the Commission to understand our full and complete opposition to this request on the strongest possible terms. We would not and do not accept or approve of outdoor dining at the Vista Bahn Building in any form or fashion or with limitations or otherwise. The best interests of our citizens and of the public at large require the Permit Request be denied. Thank you for your attention to our concerns. Respectfully Submitted, THE BRIDGE STREET LODGE RESIDENTIAL CONDOMINIUM ASSOCIATION By 2, Ronald L. Hughe Its: President W d - NAM ms's d Qkf t�*q « *m W4 qN EMORANDLIM A" aw.$5 TO: Town Council FROM: Community Development Department DATE: September 12, 2000 SUBJECT: A Town Council call -up of the Design Review Board's denial of a deck expansion, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1" Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs I. BACKGROUND AND DESCRIPTION'OF THE REQUEST According to the Town of Vail Development Standards Handbook the Design Review Board is: The body responsible for reviewing development proposals in the Town of Vail. The Design Review Board focuses on evaluating projects based on the Town Code, Master Plans and the Design Standards as set forth in the Town Code, including architectural design, site planning, landscaping, site disturbance, etc. On May 15, 2000, an application was received for a conditional use permit to allow for the addition of a deck to the Tap Room, located at 333 Hanson Ranch Rd. An outdoor dining deck is a conditional use in the CC1 Zone District. The deck extended beyond the property line of the Vista Bahn Building, onto Vail Associates property zoned Agriculture and Open Space. Vail Associates allowed the encroachment through an easement. The deck also extended onto the Town of Vail stream tract. On June 12, the Planning and Environmental Commission reviewed the Conditional Use Permit. The Planning and Environmental Commission had concerns about the effect of the use on adjacent residential uses and its proximity to an adjacent private deck. The request was tabled, with direction from the Planning and Environmental Commission to investigate providing more of a buffer to adjacent properties and to go to the Design Review Board for a conceptual review on the design of the deck. On June 21, 2000, the Design Review Board conceptually reviewed the deck expansion. The following were their major concerns: The deck will create a dark and uninviting space for the pedestrian flow that was intended with the original building design. 2. The board generally felt that the angles of the deck were out of character with the existing building. Instead, the board felt that they would be more i. TOWN OF YAIL �y DESIGN REVIEW BOARD AGENDA Wednesday, August 2, 2000 3:00 P.M. MEETING RESULTS PROJECT ORIENTATION / LUNCH - Community Development Department MEMBERS PRESENT Bill Pierce Hans Woldrich Melissa Greenauer Doug Cahill (PEC) MEMBERS ABSENT Clark Brittain SITE VISITS 1. Pitkin Creek Park Condos — 3971 Bighorn Rd. 2. Logan residence — 770 Potato Patch 3. Camelot Townhomes — 2801 Basingdale 4. Vestlandet Condos — 1746, 1756 W. Gore Creek Drive 5. Gore Creek Whitewater Park — Gore Creek Promenade 6. Vista Bahn Building — 333 Hanson Ranch Road Driver: Brent 12:00 pm 1:30 pm PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm Gore Creek Whitewater Park — Final review of the placement of boulders and plant Brent materials within the Gore Creek Stream Tract. Gore Creek Promenade /Tracts I & A, Block 5B, Vail Village 1 Filing. Applicant: Vail Valley Tourism and Convention Bureau & Town of Vail MOTION: Hans Woldrich SECOND: Doug Cahill VOTE: 3 -0 -1 (Bill recused) APPROVED WITH 4 CONDITIONS: All areas disturbed during construction must be revegetated in accordance with the approved plan. This is necessary for erosion control as well as aesthetics. 2. The concrete pad undemeath the pedestrian bridge will be covered in stone to the maximum extent feasible. A revised hydrology study will be conducted if it is necessary to ensure the rocks will not wash off of the concrete pad. 3. Boulder sizes will be staggered and erratic in order to avoid a uniform "man- made" appearance. 4. The beach area on the south side of the creek should be made as easily accessible as possible. A4 e l d 4.. ,. TOWN OF Y& 1 r 0 2. Raether residence — Final review of existing metal roll -up blinds. George 278 Rockledge Road /Lot 15, Block 7, Vail Village 3r Applicant: Paul Raether, represented by Segerburg, Mayhew Architects MOTION: Hans Woldrich SECOND: Melissa Greenauer VOTE: 4 -0 TABLED UNTIL AUGUST 16, 2000 3. Vista Bahn Building — Final review of proposed deck addition. George 333Hanson Ranch Road /Lot C, Block 2, Vail Village 15t Filing. Applicant: Remonov and Company MOTION: Doug Cahill SECOND: Melissa Greenauer VOTE: 2 -2 DENIED 4. Vestlandet Condos - Final review of proposed exterior modifications. Ann 174611756 W. Gore Creek Drive /Lots 1 &2, Vail Village West Filing #1. Applicant: Vestlandet Condominium Association, represented by Richard Stampp MOTION: Hans Woldrich SECOND: Melissa Greenauer VOTE: 3 -0 (Bill absent) APPROVED WITH 1 CONDITION: That the belly -band be applied only to the easternmost unit of Building B and the westernmost unit of Building A and that the remaining unit be painted solid colors. 5. Logan residence — Conceptual review of a proposed single - family residence. George 770 Potato Patch /Lot 3, Block 1, Vail Potato Patch. Applicant: Kent & Vicki Logan, represented by Segerberg Mayhew Architects CONCEPTUAL — NO VOTE 6. Camelot Townhomes — Reside and re -roof. Ann 2801 Basingdale /Lot 2, Block 8, Vail Intermountain. MOTION: Melissa Greenauer SECOND: Hans Woldrich VOTE: 3 -0 APPROVED WITH 4 CONDITIONS: That the colors to be used are to be Pewter for the siding and Monterey Gray for the trim. 2. That the shingle be a 30 -year shingle to match those used in Innsbruck Meadows. 3. That 2X4 wood trim be used for the windows and doors. 4. That lighting and chimneys be further reviewed by staff 7. Pitkin Creek Park Condos — Repaint Buildings 5 & 7. George 3971 Bighorn Road /Bighorn Subdivision Addition 1. MOTION: Bill Pierce SECOND: Doug Cahill VOTE: 3 -0 -1 (Hans recused) CONSENT APPROVED 8. Dauskurdas residence — Interior remodel and dormer addition. Brent 1455A Ridge Lane, Aspen Grove Townhomes /Resub Lot 2, Ridge at Vail. Applicant: Joe & Karen Dauskurdas MOTION: Hans Woldrich SECOND: Melissa GreenauerVOTE: 2 -1 (Cahill opposed) 2 F APPROVED WITH 1 CONDITION: The issue of the required parking will be resolved at the staff level. Staff Approvals W &B Development — Revisions to approved plans. Ann 381 Beaver Dam Circle (east &west units) /Lot 1, Block 4, Vail Village 3` Filing. Applicant: W &B Development LLC American Ski Exchange — Outdoor display. Judy 225 Wall Street /Lot B, Block 5C, Vail Village 1S Filing. Applicant: Tom Higgins /Joe Tanahill Garvie residence — Boiler addition. Brent 1675 Aspen Ridge Road /Lot 6, Block 4, Lionsridge 3` Applicant: Carolyn Garvie Painter residence — Window addition. Allison 4460 Timber Falls Court, Unit 1605 Phase 7 /Timber Falls. Applicant: Tom and Barbara Painter Pal residence — New window /balcony flooring. Brent 74 Willow Road, Riva Ridge South #170 /Lot 7, Block 6, Vail Village 1S Filing. Applicant: Joe Pal Kauffman residence — Install snowmelt. Allison 636 West Forest Road /Lot 6, Block 1 Vail Village 6 th Applicant: Julia Kauffman Telemark Townhouses — Deck rail replacement. Ann 1081 Vail View Drive /Telemark Townhouses. Applicant: Telemark Townhouses Condo Assoc. Cogswell residence — Door replacement. Ann 1081 Vail View Drive #6 /Telemark Townhouses. Applicant: John Cogswell Garvie residence — Gate addition. Allison 1675 Aspen Ridge Road /Lot 6, Block 4, Lionsridge 3` Applicant: Carolyn Garvie Skaal House — Re -roof. Juliet 141 W. Meadow Dr., #1 =6 /Lot D -2, Vail Village 2 nd Filing. Applicant: Skaal House Association Knobel residence — Revised chimney proposal. George 392 Mill Creek Circle /Lot 8, Block 1, Vail Village 1St Applicant: Rich Acemo Axelrod residence — Revised driveway. Brent 1977 Circle Drive /Lot 25, Resub of Buffehr Creek. Applicant: Judith and Arthur Axelrod 91 LaTour Restaurant — Daily special board sign. Brent 122 E. Meadow Drive /Village Center Commercial. Applicant: Paul Ferzacca Ludwig residence — Stucco and siding addition. Allison 792 Potato Patch /Lot 11, Block 1, Vail Potato Patch Applicant: Allen Ludwig The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2135 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 - 2356,Telephone for the Hearing Impaired, for information. 4 Aus-08 -2000 02:21 pm From -TM OF VAIL 9704792157 A 1 C 0 E. C 7-083 P.001 /002 F -129 REQUIRED FOR FELING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION ACTION/DECISION BEING APPEALED. Denial of the application for a deck additi for restaurant use by the Design Review Board a tPr approval of a conditional use _permit by the Planning and Environmental Commission. August 2nd DATE OF ACTION/DECISION Vote to app rove- defea on a 2 to 2 v ote. NAME OF BOARD OR PERSON RENDERING TIE DECISIONI TAKING ACTION: Design Review Board NAME OF APPELLANT(S): Remonov and Company MAILING ADDRESS: P.O. Box 1888 Edwards, CO 81632 PHYSICAL ADDRESS IN VAIL: 333 Hanson Ra nch Rd. PHONE: 9 26 -6226 LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: Village 1st. SIGNATURE(S): Lot C, Block 2, Vail Post -IC Fax Note 7671 Da' .00 w$esW A To Fm" _:;v_ m 00r4kya.s( Co �0ep�. Co. —r O V Phone N Mono 0 Fax �vy 2 G Z S Fax �/ �y e e 479 -L /S7 Page I of 2 Aug -08 -2000 02:21 am From -TOWN OF VA I 9704792157 T -083 P.002/002 F -129 1 F. Does this appeal involve a specific parcel of land? X If yes, please provide the following information: are you an adjacent property owner? Yes no X If no, give a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. This appeal of the Design Review Board and Planning and Environmental Commi ssion decisions is for the purpose of establishing an outdoor restaurant and bar area in accordance with the goals of the Town of Vail. G. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right -of -way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. I- On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: 50.00 Page 2 of 2 QucStlGn" 11 the P fa nning Staff at •.79.21 3 L �' API'LICA "1IU \' FOR P1,,INNING AM) E;NVIRONMEN'TAL l\ CONEMISSION APPROVAL TOWN OF V21 IL c ^ .% L 1'yE%tAT1nN This application is for any project requiring approval by the Planning and Environmental Commission. For specific information, sec the submitm] requirements for the particular approval that is requested. The application can not be a,:ccptcd until all required information is submitted. The project may also need to be reviewed by the Town Council nd.'er the Design Review Board. TYPE OF APPLICATION: ❑ Additional GRFA (250) ❑ Bed and Breakfast ❑ Conditional Use Permit ❑ Major or ❑ Minor Subdivision ❑ Rezoning ❑ Sign Variance ❑ Variance ❑ Zoning Code Amendment • Amendment to an Approved Development Plan • Employee Housing Unit (Type: ) • Major or ❑ Minor CCI Exterior Alteration (Vail Village) ❑ Major or ❑ Minor CCII Exterior Alteration (Lionshcad) • Special Development District • Major or ❑ Minor Amendment to an SDD 13. DESCRIPTION OF THE REQUEST: This request is to exte an existing small deck to the south approximately 23 feet. C. LOCATION OF PROPOSAL: LOT C BLOCS; 2 FILING ADDRESS: 333 Hanson Ra n c h Rd. BUILDING NAME. 1). ZONING: CC 1 1: NAME OF OWNER(S): Rem onov and Company MAILING ADDRESS: P.O. Bo x 1 888 Edwards, CO 81632 ONE: 970-926-6226 I.. O�VNER(S) SIGNATURE(S): G. NAME OF REPRESENTATIVE: Knight Pla ing Services, Inc. NIAILINGADDRESS: P.O. Box 47 Eagle, CO 81631 PHONE: 970- 328 -6299 I1. FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMMENTS AND THE FEE TO THE DEPARTMENT OF CO`INIUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only: Fee Paid: Ck#: By: Application Date: PEC Mccting Date: V ail Village Vista Bahn Revixd 6196 ,r , Questions? Call the Planning Staff at 479 -2138 'OWN Of APPLICATION FOR DESIGN REVIEW APPROVAL - GENERAL INFORMATION This application is for any project requiring Design Review approval. Any project requiring design review must receive Design Review approval prior to submitting for a building permit For specific information, see the submftal requirements for the particular approval that is requested. The application cannot be accepted until all the required information is submitted. The project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission. Design Review Board approval expires one year after final approval unless a building permit is Issued and construction is started. A. DESCRIPTION OF THE REQUEST: This request is to extend an existing small deck to the south approximately 23 feet. B. LOCATION OF PROPOSAL: LOT: C BLOCK: 2 F1'LING: Vail Village PHYSICAL ADDRESS: 333 Hanson Ranch Rd. C. PARCEL #: (Contact Eagle Co. Assessors Office at 970 - 328 -8640 for parcel #) D. ZONING: CC 1 E. NAME OF OWNER(S): Remonov and Company MAILING ADDRESS: P.O. Box 1888 Edwards, CO 81632 . 970- 926 -6226 F. OWNER(S) SIGNATURE(S): G. NAME OF APPLICANT: Knight P anning Sery ces, Inc. MAI ING ADDRESS: P . O Box 947 Eagle, CO 81631 PHONE: 970- 328 -6299 H. TYPE OF REVIEW AND FEE: ❑ New Construction - $200 Construction of a new building. ❑ Addition - $50 Includes any addition where square footage is added to any residential or commercial building. ❑ Minor Alteration - $20 Includes minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and - retaining walls, etc. DRB fees are to be paid at the time of submittal. Later, when applying for a building permit, please identify the accurate valuation of the project The Town of Vail will adjust the fee according to the project valuation. PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. Far. Office Use On*: < . Fee Paxi ' K 8y �. ;:. flRB Meetrng date Pce- I�ZpIO M+�eeEing €3ate. Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is contacting owners to resolve any issues. Positive impacts are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. *Mininium'r for Iands-caping: dcciduous trees - 2 inch caliper coniferous trees - 6 feet in hcight shnibs - 5 gallons Typc Square Footage GROUND COVER SOD SEED IRRIGATION TYPE OR METHOD OF EROSION CONTROL OTHER LANDSCAPE FEATURES - (retaining •aiis, fences, swimming pools, - etc.) Please specify. Indicate top and bottom elevations of retaining walls. 'Maximum hcight'of walls within the front setback ic'% feet. Maximum hcight of walls elsewhere on the property is () t * CCE. 3 UjiLtcd 6197 THIS EASEMENT AGREEMENT, effective the 2000, is by and between THE VAIL Colorado Corporation doing business as VAIL ( °Vail") , and RGMGNe;; AND COMPANY, INC., a ( "Owner ") . RemonoV RECITALS day of Ma LJ -CORPORATION, a ASSOCIATES, INC. Colorado corporation A. Vail is the owner of Tract E, Vail Village Fifth Filing, Town.of Vail, Eagle County, Colorado, according to the plat recorded on April 25, 1995 in Book 665 at Page 983 in the records of the Eagle County, Colorado, Clerk and Recorder ( "Tract E") . B. Owner is the owner of that certain project known as The Vista Bahn Building located on lot c, Block 2, Vail Village First Filing, Town of Vail, Eagle County, Colorado, according to the recorded plat thereof ( "The Vista Bahn Building "). C. The Vista Bahn Building is adjacent and contiguous to Tract E. D. Vail has previously permitted certain improvements to be constructed for the benefit of The Vista Bahn Building on a portion of Tract E as more particularly described on Exhibit A attached hereto and by this reference made apart hereof (the "Easement Parcel"). E. Owner has requested that Vail grant to Owner an easement upon the Easement Parcel for the purpose of the construction, reconstruction, repair, replacement, existence and use of such improvements benefiting The Vista Bahn Building, and Vail is willing to comply with such request, subject to the terms and conditions set forth herein. GRANT OF EASEMENT NOW, THEREFORE, in consideration of the premises and the covenants contained herein, Vail hereby grants and conveys unto Owner a perpetual, non - exclusive easement on, upon, over, under, through and across the Easement Parcel for the benefit of the Vista Bahn Building subject to the terms and conditions set forth below (the "Easement "), the Easement Parcel and the Easement sometimes hereinafter collectively called the "Easement ". 1. Use The Easement shall be used solely for the purpose of the construction, reconstruction, repair, replacement, existence and use of stairway and sidewalk, patios, decks, retaining walls, signs related to the businesses, residences (if any) and activities on said Lot c, utilities (and associated K. OS /01 /00 9:46 AM 1 I., . meters), and pedestrian ingress and egress by the general public, Owner and the Permittes (defined below) between Lot c and Tract E. Subject to the above restrictions, Owner shall be entitled to make the Easement available for use by the owners, residents (if any) and tenants of The Vista Bahn Building and their respective agents, tenants, employees, licensees, guests and invitees, (collectively, the "Permittees "). 2. Easement Appurtenant The Easement shall run with the land and shall be appurtenant to lot c and Tract E so that a transfer of title to lot c and /or Tract E shall automatically transfer the burdens and benefits of the Easement under this Easement Agreement. 3. Liability for Injury Vail shall not be liable to Owner, the Permittees or to any other person whomsoever or entity whatsoever for or,on account of any injury or damage to persons or property occasioned by reason of Owner's or the Permittees' use of the Easement. 4. Indemnification (a) Owner agrees to indemnify, defend and hold harmless Vail, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and against any claims, demands, liabilities, damages, liens, actions or causes of actions whatsoever, including reasonable attorney's fees, (i) arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind occurring in connection with or arising out of owners's or the Permittees' use of the Easement or (ii) arising out of or caused by the willful misconduct or negligent acts, errors or omissions of Owner or the Permittees. (b) Vail agrees to indemnify, defend and hold harmless Owner, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and against any claims, demands, liabilities, damages, liens, actions or causes of actions whatsoever, including reasonable attorney's fees, arising out of or related to any loss, cost, or damage to Owner's improvements located on the Easement Parcel occurring in connection with dY arising out of Vail's use of the Easement. 5. Retention of Rights Subject to the terms and provisions of this Easement'Agreement, Vail specifically retains all its right, title and interest in and to the Easement Parcel. 6. Entire Agreement This Easement Agreement contains the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein. This Easement Agreement specifically supersedes any and all prior discussions, agreements, proposals, negotiations and representations relating via - . Iftea.&C 05/01/00 9:46 AM 2 hereto. 7. Counterparts; Facsimile Transmission. This Easement Agreement may be executed by facsimile and/or in any number of counterparts, any or all of which may contain the signatures of less than all the Parties, and all of which shall be construed together as but a single instrument and shall be binding on the Parties as though originally executed on one originally executed document. All facsimile counterparts shall be promptly followed with delivery of original executed counterparts. B. Successors and Assigns The terms, covenants and conditions of this Agreement shall be binding on the successors and assigns of all parties hereto. 9. Miscellaneous (a) If any clause or provision of this Easement Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) No amendment, alteration, modification of or addition to this Easement Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. (c) The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Easement Agreement. (d) If any party against another for relief, of this Easement Agreement, recover against the other p� and.disbursements, such sum reasonable attorneys fees. hereto shall bring any suit or action declaratory or otherwise, arising out the prevailing party shall have and irty, in addition to all court costs as the Court may adjudge to be (e) This Easement Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. OS /01 /00 9:46 AM 3 E El IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement to become effective as of the date first written above. THE VAIL CORPORATION a Colorado corporation d /b /a Va tes, Inc. By: Name: Title: ; t _Q WNER: Kemono V R@MONOT' AND COMPANY a Colorado corporation By: Name: P-x A , c Title STATE : •�p(v,,�- STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Sj The foregoing instrument was acknowledged before me this day of A , 2 0 0 0 , by 11'lc yfAck P. R e h m as ` i t -%r f THE VAIL CORPORATION, a Colorado corporation doing business as VAIL ASSOCIATES, INC. Witness my hand and official seal. My c �RR AR� NOTg9y :< `nJ`'' AU IC expires: I " ')o 0° Notary Public OS /01 /00 9:46 AM 4 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this da of 2000, by l'nucllGt' as k1 of RGMQNQV AND COMPANY, a Colorado corporation. "Remono J Witness my hand and official seal. My commission expires: �'. Notary Public 01� 05/01/00 9:46 AM 5 E7cW tv-f A PROPERTY DESCRIPN That part of Tract E, A Resubdivision Of Tract E, Vail Village, Fifth Filing, And A Part Of Lot c, Block 5 -C, Vail Village, First Fling And Golden Peak House, according to the reap thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the Most southerly corner of Lot c, Block 2, Vail Village, First Filing, according to the reap thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence, along the southeasterly line of said Lot c, N59'45'00'E 50.00 feet to the most easterly corner of said Lot c; thence, along the westerly line of Tract H, said Resubdivision Of Tract E, S17 32.30 feet to the southwesterly corner of said Tact H; thence, departing said westerly line of Tract H, S60'10'35'W 25.90 feet; thence N30'15'00'W 21.32 feet to the Point Of Beginning, containing 813.9 square feet, more or less. Date: _00a--- Stan Hogf Colorado P.L.S. 26598 40 0 40 80 120 Feet J \ \ \ TRACT \ H LOT c \\ N 59°45'00" E \"Ci 50.00' BRIDGE STREET LODGE TO C ER 4' NER TO S 30° 15'00" E 21.32' / I� CHRISTIANIA AT VAIL CONDOMINIUMS I N 17°59'49 E 32.30 lf �O. 1 0. 0 i SET 2' WITNESS CORNER 4' WITNESS CORNER N 60°10'35" E 25.90 EASEMENT UNES TO BE AREA CREATED TRACT E 5' UTIUTY EASEMENT )F DESCRIPTION 813.9 SQ. FT. � � 1 L A N D T I T L E G U A R A N T E E REMONOV & COMPANY, BOX 1888 EDWARDS, CO 81632 Dear Customer: C O M P A N Y INC., A COLORADO CORPORATION Land Title Guarantee Company is pleased to provide you with your Owner's Title Insurance Policy. This valuable document insures good and marketable title to your property. Please review the policy in its entirety. We at Land Title Guarantee Company believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find any discrepancy, or if you have any questions or comments regarding your final policy, please contact the following department and we will gladly handle any request you may have as efficiently and quickly as possible. TITLE DEPARTMENT TELEPHONE # (970)476 -2251 FAX #(970)476 -4534 PLEASE REFER TO ORDER NO. V261623 Should you decide to sell the property described in Schedule A, or if you are required to furnish a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance expenses. Land Title Guarantee Company will retain a copy of the enclosed title policy, and in the event you do need future services, we will be in a position to again serve you promptly and efficiently. Thank you very much for giving Land Title Guarantee Company the opportunity to serve you. Form C AO HI Policy N /_ y CTEU261623 Drder No. V261623 Amount $1,500,000.00 SCHEDULE A Address LOT C BK 2 VAIL VILLAGE FLG 1 1. Policy Date: May 13, 1998 at 5:00 P.M. 2. Name of Insured: REMONOV & COMPANY, INC., A COLORADO CORPORATION 3. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: REMONOV & COMPANY, INC., A COLORADO CORPORATION 5. The land referred to in this policy is situated in EAGLE County, Colorado, and is described as follows: LOT C, BLOCK 2, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. LAND TITLE GUARANTEE COMPANY Page 1 This Policy valid only if Schedule B is attached. Form AO /CHI Or er No. V261623 folicy No. CTEU261623 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 1998 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THE TREASURERS OFFICE. 6. 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 13, 1899, IN BOOK 48 AT PAGE 475. 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED July 13, 1899, IN BOOK 48 AT PAGE 475. 8. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED August 10, 1962, IN BOOK 174 AT PAGE 179. 9. EXISTING LEASES AND TENANCIES. 10. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE, FIRST FILING. 11. TERMS, CONDITIONS AND PROVISIONS OF LEASE BETWEEN MARGRETTA B. PARKS AND RIVA RIDGE PARTNERS LLC RECORDED February 13, 1996 IN BOOK 687 AT PAGE 953. Page 2 Form AO /CHI At No. V261623 Policy No. CTEU261623 SCHEDULE B SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED June 27, 1996, IN BOOK 698 AT PAGE 434. 12.. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED July 09, 1996 IN BOOK 699 AT PAGE 454. 13. ANY LOSS OR DAMAGE THE INSURED SHALL SUSTAIN DUE TO ORDER RE: MOTION TO STAY JUDGMENT PENDING APPEAL AND FOR APPROVAL OF THE SUPERSEDEAS BOND, CIVIL ACTION NO. 96 CV 120,.DIVISION J, DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO, RECORDED JUNE 30, 1997 IN BOOK 730 AT PAGE 807. 14. A DEED OF TRUST DATED May 03, 1996 FROM RIVA RIDGE PARTNERS LLC AND MARGRETTA B. PARKS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF AVON TO SECURE THE SUM OF $4,256,539.51, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED May 22, 1996, IN BOOK 695 AT PAGE 195. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED May 22; 1996, IN BOOK 695 AT PAGE 196. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED June 27, 1996, IN BOOK 698 AT PAGE 434. EXTENSION AND MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED July 17, 1997, IN BOOK 732 AT PAGE 276. EXTENSION AND MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED December 26, 1997, IN BOOK 747 AT PAGE 388 RECEPTION NO. 643331. 15. A DEED OF TRUST DATED May 02, 1997 FROM RIVA RIDGE PARTNERS, LLC AND MARGRETTA B. PARKS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF AVON TO SECURE THE SUM OF $2,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED May 29, 1997, IN BOOK 727 AT PAGE 907. 16. FINANCING STATEMENT FROM RIVA RIDGE PARTNERS, LLC AND MARGRETTA B. PARKS, WITH FIRSTBANK OF AVON, THE SECURED PARTY, RECORDED JUNE 2, 1997 IN BOOK 728 AT PAGE 150. 17. LIEN AS EVIDENCED BY THE STATEMENT OF SEMPLE BROWN ROBERTS, P.C. IN THE AMOUNT OF $101,575.74 RECORDED JANUARY 16, 1998 RECEPTION NO. 644857. 18. LIEN AS EVIDENCED BY THE STATEMENT OF J.L. VIELE CONSTRUCTION, INC, A COLORADO CORPORATION IN THE AMOUNT OF $49,932.97 RECORDED FEBRUARY 25, 1998 RECEPTION NO. 648107. Page 3 Form AO /CHI Or er No. V261623 Policy No. CTEU261623 SCHEDULE B AMENDED STATEMENT OF LIEN RECORDED MARCH 26, 1998 RECEPTION NO. 650689. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF MARGRETTA B. PARKS. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF REMONOV & COMPANY, INC., A COLORADO CORPORATION. Page 4 1 i i i . ? . . - .. U--1 , _ • u4ril'l 2101 -082 -42 -001 Rerionov & Co. P.G. Box 1888 Edwards, CO 81632 2101- 082 -42 -008 Vail Corp. P.Q. Box 7 V", CO 81658 R1KI Lion Inn Condos 2101- 082 - 53-007 Oscar L. Tang 600 5th Ave. 8th Mr. New York, NY 10020 2101- 082 - 53.010 Landmark Commercial Uev. Co. W. Lionshead Cir #100 Vait CO 81657 Bridge Condos 2101 -08 -69 -001 Colorad Ski Service, Inc. P.O. Bo 2796 Vail, CC 81658 21011-08 -69 -004 Rod LLC 228 Bri a St. Vail, C 81657 21Q1 -08 -69 -010 Vail Co . P.O. Bo 7 Vail, C 81658 A.. Ube- Adjacent Property Owners 2101 - 082 -42 -009 Town of Vail 75 S. Frontage Rd. Vail, CO 81657 2101 - 082 -39 -004 Town of Vail 75 S. Frontage Rd. Vail, CO 81657 2101 - 082 -53 -009 Mary Hart Sugarman c% The Giant Corp. 9000 Sunset Blvd. 16th Flr Los Angeles, CA 90069 2101- 082 -69 -002 Riley - BSL LLC 228 Bridge Street Vail, CO 81657 2101- 082-69 -006 Karl & Ursula Hoevel warm 4207 E. Columbine Dr. 5 Vail, CO 81657 2101 -082- 69-011 John Kaemmer Thmtee 291 Bridge St. Vail, CO 91657 N MNY .15.2[ 00 11.05RM N0..0 2101 182 -09 -013 2101- 082 -69 -015 "arlovieh Trust MBW Realty C/O John KAemmer C/O Clark Willingham 4341 ore Creek Dr. 3878 Oak Lawn Ave. 606 One Vail, FO 81657 Turtle Creek Vg Dallas, TX 75219 -4471 2101 182 -69 -016 2101- 082 - 69-017 Robert E_ Cannon Robert & Natalie Bissegger P.O. Box 80407 5345 Wind Point Rd. Memphis, TN 38108 Racine, WI 53402 2101- 082-69 -018 2101 - 082 -69 -019 Arnold Bissegger Living Trust Robert Masterson 2625 S. Atlantic Ave. 5 NE P.O. Box 390186 Daytona Beach Shores, FL 32118 Omaha, NE 68139 -0186 21 Q1 -082 -69 -020 2101 -082 -69 -021 Bridge Street Assoc LLC Georgi LLC 301100 Telegraph Rd. Ste. 20 30 Madison House, The Village Bingham Farms, MI 48025 101 Amies St London S W 1 12JW, Englan 2101- 082 -69 -022 2101- 082 -69 -023 Rodslyn M. Valentine Robert & Nancy Bartels 2781 E. Hanson Ranch Rd. 501 Revocable Trust T ail, CO 81657 3426 S. Twyclwnham Dr. S. Bend, IN 46614 2101- 082 -69 -035 2101- 082 -69 -038 Artkur C. & Ernma Jane Qualpers R. Toward Cannon Residence Trust c/o Buckeye Cellulose Corp. 10 Laurel Parkway 7574 Poplar Ave. Chevy Chase., MD 20815 Germantown, TN 38138 2101-082-69-040 278 Hanson Ranch Road LLC 21 dears Rd. Brookline, MA 02445 P. 3/ n IS O ITEM MAY AFFECT YOUR PROPY 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 of the Municipal Code of the Town of Vail on June 12, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit, to allow for the installation of wireless telecommunications rooftop antennas & a public service use within the Brandess Building, located at 2077 N. Frontage Road (Brandess Building) /Lot 39, Buffehr Creek. Applicant: Jayne Brandess Revocable Trust Planner: Brent Wilson A request for a conditional use permit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1st iling. Applicant: Remonov and Company Planner: Allison Ochs A worksession to discuss a proposed zoning code amendment to Section 12 -7B -18 (Location of Business Activity), which would allow for mobile information dissemination within the CCI Zone District on public property. Applicant: VVTCB Planner: Allison Ochs A request to add a Type II Employee Housing Unit to an existing primary unit, located at 375 Forest Road /Lot 3, Block 2, Vail Village 3` Filing. Applicant: Gary Vickers, represented by Gwathmey Pratt Schultz Planner: Allison Ochs A request for a building height variance from Section 12 -6D -7, located at 1755 West Gore Creek Drive /Lot 6, Vail Village West 2 nd Filing. Applicant: Daniel and Karen B. Forey Planner: Allison Ochs A request for a conditional use permit for the construction of a Type II Employee Housing Unit, located at 2490 Bald Mountain Road /Lot 17, Block 2, Vail Village 13 Filing. Applicants: Mary & Sonny Caster, represented by Ben Aguilar Planner: Ann Kjerulf The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- �� S 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published May 26, 2000 in the Vail Trail. TOWN OF SAIL 01 .0 „ THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -3 of the Municipal Code of the Town of Vail on September 5, 2000, at 2:00 PM in the Town of Vail Municipal Building. In consideration of: A Town Council call -up of the Design Review Board's denial of a request for proposed deck addition at the Tap Room, located at 333 Hanson Ranch Road /Lot C, Block 2, Vail Village 1 s ' Filing. Applicant: Remonov and Company, represented by Knight Planning Services Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2114 voice or 479 -2356 TDD for information. Community Development Department l' 0 Design Review Action Form TOwNOFYAM TOWN OF VAIL Project Name: Vista Bahn Building Project Number: PRJOO -0130 Project Description: Request to extend a deck on the south of the building Owner, Address and Phone: Architect/Contact, Address and Phone: Knight Planning Services, Inc., P.O. Box 947, Eagle, Colorado, 81631 328 -6299 Project Street Address: 333 Hanson Ranch Road Legal Description: Lot C, Block 2, Vail Village First Filing Parcel Number: 210108242001 Comments: Project#: Building Name: Vista Bahn Building ** *PLEASE CONSULT THE T.O.V. BUILDING DEPARTMENT REGARDING POTENTIAL ASBESTOS ABATEMENT ISSUES — 479 - 2325 * * ** Board / Staff Action Motion by: Cahill Seconded by: Greenauer Vote: 2 -2 motion fails on a tie vote. Conditions: Town Planner: George Ruther Date: 8/2/00 Action: Denied DRB Fee Pre -Paid: $20.00 F:\EVERYONE\DRB\APPROVAL\97\IDRBAPPR.FRM it X Questions? Cail ' Planning Staff at 479 -2138 APPLICATION FOR [DESIGN REVIEW APPROVAL G ENERAL INFORMATION This application is for any project requiring Design Review approval. Any project requiring design review must °eceive Design Review approval prior to submitting for a building permit. For specific information, see the submittal requirements for the particular approval that is requested. Tlie application cannot be accented until all the rKuired information is submitted. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design Review Board approval expires one year after final approval unless a building permit is issued and construction is started, A. DESCRIPTION OF THEREQUES: This request is to extend an existing small deck to the south approximately 23 feet. LOCATION OF PRO POSAL: LOT: - C PHC.CC ESS: - ` 3 3 Ha �u PA 71 ZO 1 BLOCK: 2 FILING. Vail Village Ranch Rd. Eagle Co.. Assessors Office at 970- 328 -8640 for parcel #) E. NAME OF OWNER(S): Remonov and Company MAILING ADDRESS: P. O, Box 1888 E dwards, CO 81632 - : 970- 926 -6226 F. OWNER(S) SIGNATURE(S): G. NAME OF APPLICANT: Knight P anning Serer ces , Inc. MAILING ADDRESS: P.0A Box 947 Eagle, CO 81631 PHONE: 970 -32+8 -6299 H. TYPE OF REVIEW AND FEE: ❑ New Construction - $200 Construction of a new building. ❑ Addition - $50 Includes any addition where square footage is added to any residential or commercial building. ? Minor Alteration $20 Includes minor changes to buildings and site improvements, :uch as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. DR6 fees are to be paid at the time of submittal. Later, when applytng for a building permit, please identify the accurate valuation of the project. The Town of Vail will adjust the fee according to the project valuation. PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81557. For Office Use Only; - Fee Paid: z - 1 f,— CK #: By: - Application Date: DRB Meetin ate: _- Pre-Application Meeting Date: � Questions? C ` he Planning Staff at 479 -2138 APPLICATION FOIZ PLANNING AND I?NVIRONtMENTA[ \_ COMNIISSION APPROVAL TO WN OF VA IL GENERAL INFORMATION This application is for any project requiring approval by the Plimning and Environmental Commission. For specific information, sec the submittal requirements for the particular approval that is requested. The application can not be accepted until all required information is submitted. The project may also need to be reviewed by the Town Council and/or the Design Review Board. A. TYPE OF APPLICATION: ❑ Additional GRFA (250) V ❑ Bed and Breakfast �" Conditional Use Permit ❑ Major or ❑ Minor Subdivision ❑ Rezoning • Sign Variance • Variance • Zoning Code Amendment ❑ Amcndmcnt to an Approved Development Plan ❑ Employee Housing Unit (Type: ) ❑ Major or ❑ Minor CC] Exterior Alteration (Vail Village) ❑ Major or ❑ Minor CCII Exterior Alteration (Lionsheod) ❑ Special Development District ❑ Major or ❑ Minor Amendment to an SDD B. DESCRIPTION OF THE REQUEST: This request is to extend an existing small deck to the south approximately 23 feet. -2• (A-1.2. C. LOCATION OF PROPOSAL: LOT C BLOCK 2 FILING Va il Village ADDRESS: 333 H anson Ranch .Rd. BUILDING NAME: Vista Ba hn D. ZONING: CC 1 E. NAME OF OWNER(S): Remo and Company MAILING ADDRESS: P.O. B ox 1 888 Edwards, CO 81632 PHONE: 9 70-926 – r 7' fi ONVNER(S) SIGNATURE(S): Fq H NAME OP REPRESENTATIVE / Knight Plar)6ing Services, Inc. MAILING ADDRESS: P.O. Box 0 f47 .Eagle, CO 81 631 PHONE: 970 - 328 -6299 FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF C011IMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only; Fcc Paid: i Ck#: By: '' Application Date: PEC Meeting Date: (0 l z' . Qa kv Rcvixd 6196 PROPOSED TREES AND SHRUBS: EXISTING TREES TO BE REMOVED: uantity aizc_* o` V:� ice - .z�-oz.et.f *Minimum - requirements for landscaping: deciduous trees - 2 inch caliper coniferous trees - 6 feet in height - shnibs - 5 gallons Tvnc ,Square Footage GROUND COVER - SOD SEED IRRIGATION TYPE OR METHOD OF EROSION CONTROL OTHER LANDSCAPE FEATURES (retaining waiis, fences, swimming pools, - etc.) Please specify. Indicate top and bottom elevations of retaining wal Is.' Maximum height'of wallswithin the front setback ic z f ?et. Maxitnurn height of walls elsewhere on the property is b tcet. 3 Uii atcd 6/97 PROPOSED LANDSCAPING Botanical Namc Common Namc 0 Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is contacting owners to resolve any issues. Positive impacts are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, effective the 2000, is by and between THE VAIL Colorado Corporation doing business as VAIL ("Vail"), and R9N4@NE)* AND COMPANY, INC., a ( "Owner ") . ') emonov RRCTTAT.S ! �f day of Aa t,J CORPORATION, a ASSOCIATES, INC. Colorado corporation A. Vail is the owner of Tract E, Vail Village Fifth Filing, Town.of Vail, Eagle County, Colorado, according to the plat recorded on April 25, 1995 in Book 665 at Page 983 in the records of the Eagle County, Colorado, Clerk and Recorder ( "Tract E") . B. Owner is the owner of that certain project known as The Vista Bahn Building located on lot c, Block 2, Vail Village First Filing, Town of Vail, Eagle County, Colorado, according to the recorded plat thereof ( "The Vista Bahn Building "). C. The Vista Bahn Building is adjacent and contiguous to Tract E. D. Vail has previously permitted certain improvements to be constructed for the benefit of The Vista Bahn Building on a portion of Tract E as more particularly described on Exhibit A attached hereto and by this reference made a part hereof (the "Easement Parcel lf) . E. Owner has requested that Vail grant to Owner an easement upon the Easement Parcel for the purpose of the construction, reconstruction, repair, replacement, existence and use of such improvements benefiting The Vista Bahn Building, and Vail is willing to comply with such request, subject to the terms and conditions set forth herein. GRANT OF EASEMENT NOW, THEREFORE, in consideration of the premises and the covenants contained herein, Vail hereby grants and conveys unto Owner a perpetual, non - exclusive easement on, upon, over, under, through and across the Easement Parcel for the benefit of the Vista Bahn Building subject to the terms and conditions set forth below (the "Easement "), the Easement Parcel and the Easement sometimes hereinafter collectively called the "Easement ". 1. Use The Easement shall be used solely for the purpose of the construction, reconstruction, repair, replacement, existence and use of stairway and sidewalk, patios, decks, retaining walls, signs related to the businesses, residences (if any) and activities on said Lot c, utilities (and associated vietab4.Wldge doc 05/01/00 9:46 AM 1 P meters), and pedestrian ingress and egress by the general public, Owner and the Permittes (defined below) between Lot c and Tract E. Subject to the above restrictions, Owner shall be entitled to make the Easement available for use by the owners, residents (if any) and tenants of The Vista Bahn Building and their respective agents, tenants, employees, licensees, guests and invitees, (collectively, the "Permittees "). 2. Easement Appurtenant The Easement shall run with the land and shall be appurtenant to lot c and Tract E so that a transfer of title to lot c and /or Tract E shall automatically transfer the burdens and benefits of the Easement under this Easement Agreement. 3. Liability for Injury Vail shall not be liable to Owner, the Permittees or to any other person whomsoever or entity whatsoever for or on of any injury or damage to persons or property occasioned by reason of Owner's or the Permittees' use of the Easement. 4. Indemnification (a) Owner agrees to indemnify, defend and hold harmless Vail, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and against any claims, demands, liabilities, damages, liens, actions or causes of actions whatsoever, including reasonable attorney's fees, (i) arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind occurring in connection with or arising out of owners's or the Permittees' use of the Easement or (ii) arising out of or caused by the willful misconduct or negligent acts, errors or omissions of Owner or the Permittees. (b) Vail agrees to indemnify, defend and hold harmless Owner, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees from and against any claims, demands, liabilities, damages, liens, actions or causes of actions whatsoever, including reasonable attorney's fees, arising out of or related to any loss, cost, or damage to Owner's improvements located on the Easement Parcel occurring in connection with or arising out of Vail's use of the Easement. 5. Retention of Rights Subject to the terms and provisions of this Easement'Agreement, Vail specifically retains all its right, title and interest in and to the Easement Parcel. 6. Entire Agreement This Easement Agreement contains the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein. This Easement Agreement specifically supersedes any and all prior discussions, agreements, proposals, negotiations and representations relating vietebahnbldga .doc 05/01/00 9:46 AM 2 c-: hereto. El- 7. Counterparts; Facsimile Transmission This Easement Agreement may be executed by facsimile and /or in any number of counterparts, any or all of which may contain the signatures of less than all the Parties, and all of which shall be construed together as but a single instrument and shall be binding on the Parties as though originally executed on one originally executed document. All facsimile counterparts shall be promptly followed with delivery of original executed counterparts. B. Successors and Assigns The terms, covenants and conditions of this Agreement shall be binding on the successors and assigns of all parties hereto. 9. Miscellaneous (a) If any clause or provision of this Easement Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) No amendment, alteration, modification of or addition to this Easement Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. (c) The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Easement Agreement. (d) If any party against another for relief, of this Easement Agreement, recover against the other p� and.disbursements, such sum reasonable attorneys fees. hereto shall bring any suit or action declaratory or otherwise, arising out the prevailing party shall have and 3Lrty, in addition to all court costs as the Court may adjudge to be (e) This Easement Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. vi.tabahnbld,e.m.doc 05/01/00 9:46 AM 3 IN WITNESS WHEREOF, the Easement Agreement to become written above. STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) El parties hereto have executed this effective as of the date first THE VAIL CORPORATION a Colorado corporation d /b /a Va= tes, Inc. By: Name: Title. Y. i WNER : emonoV R9MOT107 AND COMPANY a Colorado corporation By Name: MveLc.zr- Title Sj The foregoing instrument was acknowledged before me this day of 0. • , 2000, by th tfAa- P. Re h M as i t ; e•, r f THE VAIL CORPORATION, a Colorado corporation doing business as VAIL ASSOCIATES, INC. Witness my hand and official seal. My commission RY ARN0� NOTggy•.o ��F CU1 -D expires: � �� 0 d 0 Notary Public vistabshnbldges•.do 05/01/00 9:46 AM 4 STATE OF COLORADO ) ) ss . COUNTY OF EAGLE ) The fore oing instrument was acknowledged before me this day of 2000, by « r Met as ZQ A -L o RG;4QN9V AND COMPANY, a Colorado corporation. RQM0n0v Witness my hand and official seal. My commission expires: �- �- C r � .co Notary Public viatabahnbldgeam.doc 05/01/00 9:46 AM 5 1 PROPERTY DESCRIPTI Fxti +b� T:rat part of Tract E, A Resubd i v I s I on Of Tract E, Vail Village, Fifth Filing, And A Part Of Lot c, Block 5 -C, Vail Village, First F ling And Golden Peak House, according to the reap thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most southerly corner of Lot c, Block 2, Vail V i llage, First F ling, according to the reap thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence, along the southeasterly line of said Lot c, IN59 °45'00'E 50.00 feet to the most easterly corner of said Lot c; thence, along the westerly line of Tract H, said Resubdivision Of Tract E, S17 °59'49'W 32.30 feet to the southwesterly corner of said Tract H; thence, departing said westerly line of Tract H, S60'10'35'W 25,90 feet; thence N30'15'00'W 21.32 feet to the Point Of Beginning, containing 813.9 square feet, more or less, Date: 00f, - -- 40 0 40 80 120 Feet J \ \ \ <"� \ TRACT \ H \\ LOT C \\ \ N 59 °45'00" E \ \ 50.00' O BRIDGE STREET LODGE T r 4' TO SE T S 30° 15'00" E 21.32' / f Ho �PL � t S26598 ado tp O ff: CHRISTIANIA AT VAIL CONDOMINIUMS I N 17°59'49" E 32.30 SET 2' WITNESS CORNER 4' WITNESS CORNER N 60°10'35" E 25.90 EASEMENT LINES TO BE AREA CREATED TRACT E 5' UTILITY EASEMENT )F DESCRIPTION 813.9 SQ. FT. 0 0 PLANNING AND ENVIRONMENTAL COMMISSIONFIL E COPY MEETING RESULTS PROJECT ORIENTATION / - Community Development Dept Monday, July 10, 2000 AO Training Session — Variances :30 min. MEMBERS PRESENT Galen Aasland Chas Bernhardt Diane Golden Brian Doyon Site Visits : 1. Larkspur Restaurant — 458 Vail Valley Drive 2. Vista Bahn Building — 333 Hanscn Ranch Road 3. Sitzmark Lodge — 183 Gore Creek Drive Driver: Brent u ' NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. 1:00 pm Public Hearing - Town Council Charr tors 2:00 p.m. 1. A request fcr a sign variance, from Section 11 -4B -19 (13)(4), to allow for a third business identification sign, located at 458 Vail Valley Drive (Larkspur Restaurant) /Tract F, Vail Village 5tn Filing. Apl.licLnt: Larkspur Restaurant & Bar Planner: Brent Wilson TABLED UNTIL JULY 24, 2000 2. A request for a major CC1 exter; or alteration and a variance from Section 12 - 713 - 12 (height), to allow fcr a dormer addition, located at 183 Gore Creek Drive (Sitzmark Lodge) /Lot A, Block 56, Vail Village 1S F-iiing. Applicant: Sitzmark Condominium Association Planner : Brent Wilson MOTION: Briar Doyon SECOND: Diane Golden VOTE: 4 -0 APPROVED — M f ,_ OR CC1 EXTERIOR ALTERATION MOTICNi Briar Doyon SECONID: Chas Bernhardt VOTE: 4 -0 A["'ROVED - V,!'k!-':IANCE J. �Y 1 TOWN OF VA& MEMBERS ABSENT Johr Schofield Doug Cahill Tom Weber PUBLIC WELCOME 12:00 pm D p 3. A request `or 2 corditionai use , :v - mit, to allow for the establishment of outdoor patio dining and seating, located at 333 Hanson Ranch Road (Vista Bahn Building) /Lot C, Block 2, Vail Village 1s Filing. Applicant: Re.monov and Company Planner: A;I:son Ochs MOTION: Brian Doyon S -COND: Chas Bernhardt VOTE: 4 -0 APPROVED 1 & °1 CONDITION: Thai the o sc,r is snorter( -.0 to the west end of the stucco pilaster. 4. A request for a variance from Section 12 -6F -6, to allow for a garage addition, located at 4718 Meadow Drive /Tract B, Bighorn Townhomes Subdivision. Applicant: B Bernardo, represented by Gwathmey Pratt Schultz Planner: Allison Ochs TABLED UNTI _ JULY 24, 2000 5. Information Upd 6. SELECTION O'= PEC REPRESENTATIVE AT DRB FOR 2000- Doug Cahill - Jan -Apr. 5, '00 Chas Eernhard� - Apr 19, '00 Galen Aasland - May 3, `00 Brian Doyon - May 17, '00 ft ,yep - Jon 7, '00 Tom Weber - ,Jur 21, '00 Jchn Schoiield - j u! 5, '00 Chas Bernhardt - Jul 19, '00 - Aug 16, '00 - Seo 6, '00 - '�F ap 20, '00 ,John S ^hofield - Cct -Dec '00 7. Approval of June 26, 2000 minutes. The applicaticns and information about the proposals are available for public inspection during regular office hours in the projec, planner's office ! ocated at the Town of Vail Community Development Department, 75 South ,=rjntage Road. !=iease call 479 -2138 for information. Sign language interpretation avaiiable upor, reqj st with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. Community Development DepaIrr:ent OA 1 N 0 0 JUN 08 1 00 02 :25PM HUGHES PROPERTIES P.2/3 June 8, 2000 Planning and Environmental Commission of the Town of Vail 111 S. Frontage Rd. W Vail, CO 81857 Re: Request for Conditional Use Permit at 333 Manson Ranch Road (testa Bahn Building) I Ladies and Gentlemen: The Bridge Street Lodge Residential Condominium Association (the "Association") as the duly authorized representative of the owners of residential units in the Bridge Street Lodge Condominium, is adamantly opposed and wishes to convey its most strenuous opposition and objection to the pending request by the Vista Bahn Building for a conditional use permit to permit outdoor dining (the "Permit Request") scheduled for public hearing on June 12, 2000 before the Vail Planning and Environmental Commission ( "Commission"). As the Commission Is aware, the Vista Bahn Building is situated immedia" adjacent to Bridge Street Lodge. The Vista Bahn Building was originally permitted and approved by all applicable authorities without outside dining. If the current Permit Request had been part of Vista Bahn's original approval request, we most certainly would have opposed it at that time and feel confident such a request would never have been approved. 4 cannot be disputed that the introduction of outdoor dining and service of alcoholic beverages would necessarily adversely impact the harmony and serenity of our property and our experience here. Each of our owners now enjoys a degree of tranquility which would be destroyed be permitting outside dining as requested. Outdoor dining and liquor service would bring noise and commotion to the immediate residential 1 area where none existed before. The adverse effect of the service and consumption of alcoholic beverages in an outdoor setting needs no further documentation. To the extent of music, dancing or other forms of entertainment are now being sought or would be requested and permitted in the future, an irrevocably poor decision made now would be made far worse. We urge the Commission to establish a dear, firm and unequivocal priority placing the peace and tranquility of residents and citizens first. Clearly. this is first and foremost a quality -of -fife issue. Not only would granting the Permit Request result in a direct and immediate deterioration of that quality of life, it would most certainly result in an ongoing adverse impact on property values of our members. As mentioned abom we urge the Commission not to permit now a request which we believe would now JUN 08 '00 02 :25PM HUGHES PROPERTIES P.3/3 have been approved if originally requested — to do so would encourage further political gamesmanship and further erode the basis on which our owners decided to invest and live here in the first place. Again, we wish the Commission to understand our full and complete opposition to this request on the strongest possible terms. Vile would:aot and do not accept or approve of outdoor dining at the Vista Bahn Building in any form or fashion or with limitations or otherwise. The best interests of our citizens and of the public at large require the Permit Request be denied. Thank you for your attention to our concerns. Respectfully Submitted. THE BRIDGE STREET LODGE RESIDENTIAL CONDOMINIUM ASSOCIATION 2-r Ronald L. Its: President -1000100- 0 b Description & Compatibility The proposed project consists of an exterior deck extension on the south side of the second floor of the Vista Bahn Building. The purpose is to provide outside seating for the Tap Room Restaurant. This addition meets development objectives of the Town of Vail by providing outside restaurant and bar area thereby increasing existing commercial use in properly zoned areas. The design of the deck has been carefully done to be compatible with features of the existing building. For example the deck rail will be identical to that which currently exists on the building. Also the deck is designed to respect the existing stairways, walkways and first floor patio. Landscape materials consisting of two trees and some small shrubs will be relocated on site. In addition to the physical compatibility efforts, the compatibility of the proposed use will be assured. There are some residential uses adjacent to and above the proposed deck. Our team is contacting owners to resolve any issues. Positive impacts are anticipated. An increase in food and beverage service at the base of the ski mountain will be a public benefit. As this is limited to outside space, increase in the times of use will be limited. No additional parking will be needed. Also pedestrian and vehicular traffic will not be impacted. -02 -1998 6 : 03PM FROM® P.2 A� & cc:). IrK 970- 926 -6226. FAX 970- 926 -6227 P.O. Box 1688. Edwards, Colorado 81632 Wednesday, February 02, 2000 Allison Ochs Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Ms. Ochs: We have reviewed the drawing for the new oval/copper sign for the Tap Room at 333 Bridge Street. As owners of the property, we approve this proposed sign. Sinc 1 Richard Mueller President PROPOSED S16N, . 7-'m-i A w Popp-, Fnont, gzt; v449 109 rL) 150A 2, 74 9 399 V0,3g, Sld �5, 163- I E rIL I rnp v TOWN OF VAIL (y Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 - 479 -2138 FAX 970 - 479 -2452 January 20, 2000 Steve Kaufman 333 Bridge St. Vail, CO 81657 Angelo Veraldi PO Box 2574 Edwards, CO 81632 RE: The Tap Room Sign, located at 333 Bridge Street./ Lot C, Block 5A, Vail Village 1st Dear Steve and Angelo, I would like to personally thank you on behalf of the Community Development Department for your quick and courteous response on the sign at the Tap Room. Your cooperation is greatly appreciated. Staff feels that the proposed sign meets the Design Guidelines specified in the Town Code, therefore your proposed sign has been approved at the staff level. Should you have any questions, please do not hesitate to contact me at 479 -2369. Sincerely, Awr 92& Allison Ochs Planner II Town of Vail Low RECYCLEDPAPER Design Review Action Form TO OF VUL TOWN OF VAIL nw Project Name: Tap Room Sign Project Number: Project Description: New sign at the Tap Room Owner, Address, and Phone: Steve Kaufman 333 Bridge St. Vail, CO 81657 479 -0500 Architect/Contact, Address, and Phone: Angelo Veraldi PO Box 2574 Edwards, CO 81632 926 -9449 Project Street Address: 333 Bridge Street Legal Description: Lot c, Block 5A, Vail Village 1st Parcel Number: Comments: Building Name: Vista Bahn Building Board /Staff Action Motion by: Action: Staff Approved with condition Seconded by: Vote: Conditions: 1. please provide letter of approval from the Vista Bahn Building Town Planner: Allison Ochs Date: 01/20/00 Project Name: DocumcnQ Tap Room Sign DRB Fee Paid: $23 JAN -10 -00 17:03 PROM :TOV— COM— DEV s ID:9704792452 PAGE 2/2 Oucstions? Call t Planning-Desk ® at 4 ?5 -2128 SIGNIAWNING APPLICATION TONY OF Y 'ibis application is for any sign that is located within the Town of Ve. Specific requirements are available from the Dqxftmt of Community Development. A.. Name of Business:- B. Building name mid address C. Name of owacr. �! — Pbone: Mailin D. Signature of E. Name of persa (If di fforalt W F. Typo of sign (sec back for d6vitions): ❑ Free: onding ❑ Hanging sign wan sign ❑ ,ALw11i * l? Other, specify: G. Sign memp. T`Z hp \ ON Wh ki sr H. Size of sign and size of lettoring for each sign proposed: � X � - L Length of bus7ime w ftontage: VA Y. Height of sip above gmde: 1Z ' K Nunn r of signs proposed:—)— Number and size of ezfsting siggns: A A -- - - L, Location of each sign (attach a site plan and an elevation drawing or a photogtsph clearly indicating the proposed lomt m): Sot FtV�1{Ptt M. Material` and colors of sign (atftch s=V1cs): I g16N Q11L , .ds �j�Q�l{� N. Describe lighting of sign (existing or proposed): W-M -i 0. Business license and/or sales tax license verificarion is REQUIRED prior to pl;aling reviev.': Sales Tax Administrator's siSnature (Sally Lorton 479 - 2125): 1 g IWO -0000 _ P. FEE: 520.00, E= $I.04 PER SQUARE FOOT OF SIGN AREAL. PROPOSED SIGN s �Am - q �.� N , WAS 111;. )Jill Phone: 926.9449 I B - 109 I PO Box 2574 Fax : 916.9399 0210 Edwards Village Blvd. Edwards, CO 81631 IMJT Jus� The Tap Room/ Scaled Drawing - 3" =1' TOWN OF VAIL DESIGN REVIEW STAFF APPROVAL DATE: 14 STAFF: LL ak Ana 1 BRI STR 7 25` — All concepts and designs are the property of Impact Graphics & Signs and cannot be used without written consent — THE P23qq • ON4 TOWN OF VAILGONSTRUCTION PERMIT AP CATION FORM INFORMATION MUST BE COMPLETE OR THE APPLICATION WILL BE REJECTED Contact th agle Count Ass ors D►c at 970- 328 -8640 for Parcel # Parcel 4-M � - — Date: Permit # Job Name: VAl L VXLAG� L' wg Job Address: 333 R jm7E gfRfffr Building( ) Plumbing (,{ Electrical( ) Mechanical( ) Other( ) r Legal Description: Lot Block_ Filing a Subdivision Owners Name: kEMOW (I f 1 �0 1 NC Address: Pj &2O IM EQGIAPDS CD hone# Architect: 61 AQG}{ J9 '� Address: Phone# Description of Job: PEMAM, - PEPLAC� k1-tC PRAY 3 Pf IM. Work Class: New( ) Alteration VC) Additional ( ) Number of Dwelling Repair ( ) Other ( ) Number of Accommodation Units: Number and Type of Fireplaces: Gas Appliances Gas Logs VALUATIONS BUILDING: $ PLUMBING $ QOQ ELECTRICAL: $ MECHANICAL $ CONTRACTOR INFORMATION OTHER: $ TOTAL $ Wood/Pellet , General Contractor Pillip L Address: PO ROx 2,540 tDWARX �y (�V n� 25 n � 3 Town of Vail Registration No. Phone # 426 - 787 /390 - Z3 Gl5 y Electrical Contractor Address: Town of Vail Registration No. A, I =1 Phone # Plumbin-. Contractor PlAk f Address: PO &x 963 FD WAPX <!�4 97432 Town of Vail Registration No. P 6 g - P _ Phone # g2lQ- $� Mechanical Contractor Town of Vail Registration No. Address: Phone FOR OFFICE USE TYPE GROUP SQ. FT. VALUATION I BUILDING:_ SIGNATURE: ZONING: SIGNATURE: CLEAN UP DEPOSIT REFUND TO: Date Receive, OCT 2 7 1999 VV 000 i Gun APT) X I TGuvp zr F ?� eceived DIN►NC. 0 C 12 19 ^/ 99 Printed by Joan Nolen 15/00 4 :29pm -------------------------- - - - - -- -- From: Joan Nolen To: BLDGDIV GROUP, PLANNERS GROUP subject: fwd: I also have another project --------------------------------------- === NOTE========= = = = = == 3/14/:0= 10:39am == for B99 -0225 at the Tap Room who has an issue with an illegal sign, has it been resolved yet? Everything else has been finaled. Fwd =by:= Brent = Wilson == 3/15/:0== 4:08pm == Fwd to: Joan Nolen ........ ............................... They are now in compliance with the sign code and I approved the C.O. in Sierra. Thanks for the reminder loan. Page: 1 I TOWN E Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970 - 479 -2138 FAX 970 - 479 -2452 January 10, 2000 Steve Kaufman, Tap Room Fax: 477 -1393 Angelo Veraldo, Impact Graphics and Signs Fax: 926 -9399 RE: Signage at the Tap Room, Lot C, Block 2, Vail Vilaage 1 st Dear Steve, It has been brought to my attention of that a sign has been erected at the Tap Room without the required sign permit. According to Chapter 2, Title 11 of the Town Code, a Sign Application must be submitted to the Community Development Department, to allow staff the opportunity to review the sign for compliance to the sign regulations. Generally, signs that are located in the Village are also required to go to the Design Review Board because of their high visibility. The following is a summary of the sign allowances for the Tap Room: Size: maximum of 3 sq. ft. Location: parallel to the exterior wall Number: 1 sign (would also be allowed to participate in a joint directory, menu board, and daily special board.) Height: No part shall extend 25 ft. above grade A sign application (enclosed) will need to be completed, along with specifications of the sign size and location. I am available to meet with you to discuss any questions you might have regarding the process, but this must be dealt with immediately. Please contact me at 479 -2369 to set up a meeting time. Sin erely, w A lison Ochs Planner II Town of Vail o w � RECYCLEDPAPER Printed by Joan Nolen 15/00 4:29pm AML --------------------------- - - - - -� - -- From: Joan Nolen To: BLDGDIV GROUP, PLANNERS GROUP subject: fwd: Has the parking issue for --------------------------------------- === NOTE========= = = = = == 3/14/ 10:36am == Pazzo's been resolved yet. I am still waiting to final the project for permit 899 -0178. Fwd =by:= Kathy = Warren == 3/14/:0= 11:21am == Fwd to: Joan Nolen ........ ............................... This one is Brent's project and the last time I spoke to him about it, it was still in debate as to what they were going to make them do. what they had been told was that they were going to have to pay that parking space bond because they had gone over the total allowable customers or something. Hope this helps! k . V Page: 1 Printed by Joan Nolen 2`9/00 11:38am M From: Joan Nolen TO: Dominic Mauriello, Leonard Sandoval, Mike Mcgee, Mike Vaughan subject: fwd: I am trying to final out a --------------------------------------- === NOTE========= = = = = == 2/08/:0== 3:43ppm == project & I need all of you to check up on your end of things & final it in Sierra if you have no problems. 333 Bridge Street - remodel PLANNING: B99 -0225 FIRE DEPT.: A99 -0010 PUBLIC WORKS: PW99 -0187 THANK YOU. Fwd =by:= Dominic = Mauri= 2/08/:0== 3:57pm == Fwd to: Brent Wilson ........ ............................... Who was looking at the Vail Village club /Vista Bahn building? Fwd =by:= Brent = Wilson == 2/08/:0== 4:00pm == Fwd to: Dominic Mauriello cc: Joan Nolen ........ ............................... That was me. I called the contractor and informed him we would not issue a co until they clean up the illegal sign issues. They received a permit for the Tap Room sign, but have not yet received a permit for the building identification sign. The contractor informed me they'd be in for the sign permit. It meets code, they just need a permit. --------------------------------- - - - - -- Paqe: 1 Enter Line Number: F1= Summary Screen, F2 =Next 15, F3 =First 15, ESC =Exit List _"'r a 'f'60 a TOWN OF VAIL Id: ACTP185 Keyword: UACT User: JNOLEN 02/08/00 Activities Associated to PROJECT: PRJ99 -0244 ADD /ALT COMM BUILD PERM Permit No: B99 -0225 Applicant: REMONOV & COMPANY Status: ISSUED Address: 333 BRIDGE ST Notice: Limited to sitting in CUP approval - parking limitation;(more) Line Activity Type Seq Status Location 1 B99 -0214 A -COMM FINAL 333 BRIDGE ST 2 B99 -0225 A -COMM ISSUED 333 Bridge St,Vail Village Club 3 E99 -0168 B -ELEC FINAL 333 Bridge St,Vail Village Club 4 E99 -0173 B -ELEC FINAL 333 BRIDGE STREET 5 A99 -0010 F- ALARM ISSUED 1r1 vail village club basement 6 F99 -0014 F -SPRNK FINAL VAIL VILLAGE CLUB BASEMENT 7 PW99 -0187 PUBWAY ISSUED VAIL VILLAGE CLUB BRIDGE ST. 8 P99 -0137 B -PLMB FINAL 333 Bridge St, Vail Village Club Enter Line Number: F1= Summary Screen, F2 =Next 15, F3 =First 15, ESC =Exit List _"'r a 'f'60 0 0 REPT131 TOWN OP' VAIL.. COLORADO PAGE 10 1@ /09 /lVV% 0Sa3& REQUE8T9 - INSPECTN WORK SHEET6 FRORa1.8/ 9/1999 AREA& 043 Activity• P99- -0137 18/ 9/19 Typs■ IS-PL-MIS Status■ ZSSUEO Constry ACOM Acidrarss■ 333 SRIDMIM ST L- C 333 Sridg• @t Vail Viliags Club Pate -s11 @i01- 08 @ -4@ -001 Ocesa Ussa DMscriptiona PiuMbing to rMinstaii systsM Tor rest /bar Appiicaant■ FPKnK I PI..UMSILV® & H6ATIN® L-L.0 PMOns■ 970- 9 9R6 -a131 Ownsra RQMOMOV 6 COMPANY PMOna■ ContraQtora PEAK I PLUMSIN® & HEATINM L_L_C 92-hones 970 -9 9t6 -5131 L_awks. Holds. and NOticMal.... ACTIVITY IVOtica■ Work don• withocct permit ------------- ----- ------------- - - - - -- Inspaotion Rsgcasst In TO Rsqusstora SRraNT PM Ong■ 390 -a @a9 Raq Timms 01&00 Commar+ts■ WILL CALL Itsss racgcasstmd to b• Ins • •d... Action Cosewsnts Tiso Exp 00890 PL-MS -Final 11 c- M FC 1 L 1,- - Mme.._... � - -- ------------ - - - _ - -- -- - - - - -- - -- -_ -------- - - - - -- Insp�ction History..... Itwm■ 00810 PLMS- Urndurgrocand Ztss■ 008 @0 PL_Ms- Ra%AQ" /D.W.V. 10/@&/99 Ir+spscbora ART Action■ AP Approved as r+otad■ Notes■ PLUMSER IS TO FLOW TEST ALL- PORTIONS OW OYSTEM AFTER R&MOVAL_ Op CONSTRUCTION DESRIS Ita►w■ 00830 PL_MS-Rough /Water 10/8 & /99 In spmctora ART Action■ APPR W ate r s •ry pr• s s urs -OK Itsoa 00840 PL_MM- Piping Itama 00830 PL_MS -Pool /Hot Tub Itsma 00860 FPL- M3S -Misc. Itsma MOMOM ML_MS- Prima& � I U REPT131 TOWN OF VAIL, COLORADO PAGE 5 01/13/2000 11:36 REQUESTS - INSPECTN WORK SHEETS FOR: 1/13/20 AREA: GG Activity: B99 -0214 1/13/20 Type: A -COMM Status: ISSUED Constr: ACOM Address: 333 BRIDGE ST Location: 333 BRIDGE ST Parcel: 2101 - 082 -42 -001 Occ: Use: II FR- Description: INTERIOR LOCKER ROOM REMODEL Applicant: RITTER CONSTRUCTION, INC. Phone: Owner: REMONOV & COMPANY Phone: Contractor: RITTER CONSTRUCTION, INC. Phone: 970 - 926 -7887 -------------------------------------------------------------------------- - - - - -- Locks, Holds, and Notices.... ACTIVITY Notice: SEE COMMENTS Inspection Request Information..... Requestor: Bn Phone: 926 -7887 b Req T,� -%-L 01:00 (�o'"ents: Meet Fire Dept at 1pm y ;1 l ltema,x� quested to a Inspected... Action Comments C,(J II Time Exp 000 0 BLDG -Final I; I - , /-f /A L% 4 --------------------------------- -----_ �. - - = - -- Inspection History..... Item: 00226 FIRE DEPT. NOTIFICA Item: 00030 BLDG - Framing 09/29/99 Inspector: CD Acti APCR APPROVED /CORRECTION READ 09/29/99 Inspector: CD Action: APPR see note Notes: framing is approved No further inspections occur until elec. rough inspection is approved and fire alarm and suppression permits are pulled and rough inspection occurs fire suppression and alarm permits have been issued 4PM waiting for fire dept inspections to occur Item: 00050 BLDG- Insulation Item: 00060 BLDG - Sheetrock Nail 10/04/99 Inspector: CD Action: APPR APPROVED Notes: fire dept has given verbal approval of alarm /sprinkler rough Item: 00070 BLDG -Misc. Item: 00090 BLDG -Final 11/22/99 Inspector: GRG Action: APCR NOT OK FOR C.O. YET... Notes: LOCKERS AREA FINISHED & OK, BUT AUTHORIZATION FOR USE & RELEASE OF CERTIFICATE OF OCCUPANCY WILL NOT OCCUR UNTIL ALL CONSTRUCTION MATERIALS HAVE BEEN CLEANED UP AHD /OR REMOVED AND 2ND EXIT (REQUIRED) FROM BASEMENT IS IN A CONDITION FOR SAFE & UNOBSTRUCTED USE. PLEASE CALL FOR REINSPECTION WHEN CLEANED UP & 2ND EXIT CLEAR. 12/16/99 Inspector: GRG Action: APCR CLEAN UP 2ND EXIT... Notes: LOCKER ROOM AREA IS O.K. FOR USE & OCCUPANCY, BUT 2ND EXI HALL & STAIR MUST BE CLEANED UP IMMEDIATELY. ONGOING CONSTRUCTION FOR FRONYT ENTRY & COMPLETION OF 2ND STORY RESTAURANT REMODEL HAS RESULTED IN CONSTRUCTION EQUIPMENT & DEBRIS PARTIALLY OBSTRUCTING THE 2ND REQUIRED EXIT FROM THE BASEMENT. THIS MUST BE CLEARED IMMEDIATELY. a 0 A� �A c ' obi � o �U 0 � y � �U Fw o� MIS i t o a d 0 U O U � H a E' �3 a a� A �¢ o a o U � o w L1 µG, � o U U o'er ro � Ir a� � � u '� y O U a 0 � y � �U Fw o� MIS i t o a d 0 U O U � H -m. i a b, �¢ Ci3 00 P-1 -m. i 94 w. 0 0 U 0 H y U a� b �A oc b 0 �. Q. c� as N as C14 a °� ON R7 o 4 rA b C6 0 0 O a �A Y 4) ij V �•l U "Cl h-� i•� r+ V V cw e= C 3 0 �a 3 DD a Ic Q o � C � o cil LL as a � a b z a C a a r-� x d; O Cd U on +� b a v O o � Cd �o a :b a a Cd 41 ul Q ..G a v V O O 3 � O o Cd Q V ca u w a v a C x b a a u 0 cc X O a a v.. O a 0 C X as a► a O as a 0 u O a Cd w 3 cis •-d a i u a� a Cd a O a a .n Cd ..0 v 0 0 C Cd v C a E O a a Cd ..0 CL 0 C Cl a v E H W a a w w a a o a TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ADD /ALT COMM BUILD PERMT Job Address: 333 BRIDGE ST Location...: 333 Bridge St,Vail Parcel No..: 2101 - 082 -42 -001 Project No.: PRJ99 -0244 Permit #: B99 -0225 Status...: ISSUED VillagApplied..: 0.8/27/1999 Issued...: 10/14/1999 Expires..: 04/11/2000 APPLICANT REMONOV & COMPANY Phone: 970 - 926 -6226 P.O. Box 1888, Edwards, Co 81632 OWNER REMONOV & COMPANY Phone: 970- 926 -6226 P.O. Box 1888, Edwards, Co 81632 CONTRACTOR RITTER CONSTRUCTION, INC. Phone: 970 - 926 -7887 P.O. BOX 2540, EDWARDS, CO 81632 TOV /Comm. Dev. Description: Clean -up D sit Refund VV Club Remodel Second Floor /new entry approved TI Occupancy: B2 B2 ta,%ount Type Construction: II FR Type II Fire Resis Type Occupancy: date Valuation: 20,000 Add Sq Ft: Fireplace Information: Restricted: #Of Gas Appliances: #Of Gas Loge: #Of Wood /Pallet: aaaaaraaaaaaaaarara+ era +araaaaaaaaarraaaaaaarararar• +r +ease FEE SUMMARY rrara+ a+ araaaaaaaaaaaaaaaaaaaarrrrrrrrrrr arrrararrrrrrraar Building - - - - - > 245.00 Restuarant Plan Review - -> .00 Total Calculated Fees - - -> 557.25 Plan Check - - - > 159.25 DRB Fee ------------ - - - - - > 50.00 Additional Fees ---- - - - - - > .00 Investigation> ,00 Recreation Fee ----- - - - - - > .00 Total Permit Fee --- - - - - - > 557.25 Will Call - - - -> 3.00 Clean -Up Deposit--- - - - - -> 100.00 Payments ---------------- > 557.25 TOTAL FEES --------- - - - - - > 557.25 BALANCE DOE ------------- > .00 raaararararara+++ ra++ a+ aaaaaaaaaatararararrrara+ araaaaaaaaaaraaaarra +a +arraaaaaaaaaaaraaarararrra+ +serer + +araaarrraaaraaaaraaa +era Item: 05100 BUILDING DEPARTMENT 08/30/1999 KATHY Action: NOTE 09/14/1999 KATHY Action: NOTE 10/13/1999 GGOODELL Action: APPR 10/13/1999 GGOODELL Action: APPR Item: 05400 PLANNING DEPARTMENT 09/14/1999 KATHY Action: NOTE 10/14/1999 DOMINIC Action: APPR Item: 05600 FIRE DEPARTMENT Item: 05500 PUBLIC WORKS 09/14/1999 KATHY Action: NOTE 09/14/1999 KATHY Action: NOTE 09/14/1999 KATHY Action: NOTE Dept: BUILDING Division: Routed to CD Complete set to GG FRONT ENTRY ONLY Dept: PLANNING Division: Routed to Ann Dept: FIRE Division: Dept: PUB WORK Division: Site plan to Leonard 9/3 Cancel above entry Site plan to Leonard9 /10 aaaaaarr++ rarrarrrrrrrrara+ araaatarraatataarar+ rrrrraraar+ raaaraaarrrrrarrrarrrara++ aararrataaatarrraarr +rrrarrrrrara+a +ear +assets See Page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTIONS SHALL HE MADE TWFOUR HOURS IN ADVANCE Send Clean-Up Deposit To: Ritter Construction Inc. BY TELEPHONE T 479- OR AT OUR OFFICE FROM 8:00 AM 5:00 PM SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNER ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CONDITIONS Permit #: B99 -0225 as of 10/14/99 Status: ISSUED ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Permit Type: ADD /ALT COMM BUILD PERMT Applied: 08/27/1999 Applicant: REMONOV & COMPANY Issued: 10/14/1999 970 - 926 -6226 To Expire: 04/11/2000 Job Address: Location: 333 Bridge St,Vail Village Club Parcel No: 2101 - 082 -42 -001 VV Filing 1, Lot C, Blk 2 -Vai Village Club Description: VV Club Remodel Second Floor /new entry Conditions: 1. FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY WORK CAN BE STARTED IF THERE IS A FIRE OR SPRINKLER SYSTEM EXISTING. THIS WILL PREVENT FALSE ALARMS. 2. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. 3. ALL WORK IS TO BE AS PER THE 1997 UBC, 1996 NEC, 1998 IMC OR 1997 UMC, 1994 UPC OR 1997 IPC, & OTHER APPLICABLE CONDITIONS OF APPROVAL OR ORDINANCES & REGULATIONS OF THE TOWN OF VAIL. 4. IMPORTANT NOTE: THIS IS A PARTIAL, LIMITED PERMIT, AS PER SEC. 106.4.1, 3RD PARAGRAPH, 1997 UBC, & AUTHORIZES CONSTRUCTION OF THE REMODELED FRONT ENTRY ONLY AT THIS TIME. 5. LIMITS ON COMBUSTIBLE MATERIALS ON EXTERIOR, SEC. 601.5.4, UBC. 1 NOM. WOOD SIDING MAY BE USED UP TO 15' IN HT. ONLY IF BACKED BY NONCOMBUSTIBLE BACKING, I.E., GYPSUM SHEATHING. ABOVE 15' IN HT., ANY WOOD MUST ALSO BE APPROVED FIRE - RETARDANT- TREATED WOOD. EXTERIOR WALL MATERIALS MUST OTHER- WISE MEET THE REQUIREMENTS OF SEC. 601.5.4, UBC. 6. NEW DOORS AT ENTRY MUST SWING OUT, IN THE DIRECTION OF EXIT TRAVEL (SEC. 1003.3.1.5, 1997 UBC). 7. NEW ROOFS MUST BE AT LEAST APPROVED CLASS "B" ASSEMBLIES. 8. EXIT DOOR HARDWARE MUST MEET SEC. 1003.3.1.8, 1997 UBC. 9. THRESHOLDS AT DOORS MUST MEET ACCESSIBILITY REQUIREMENTS, WITH VERTICAL CHANGES NOT TO EXCEED 1/4" OR UP TO 1/2 IF BEVELED WITH A SLOPE NOT STEEPER THAN 1:2. 10. ADDRESS NUMBERS MUST BE POSTED ON BUILDING, SEC. 502, UBC. iiriwririiiriirtrwrrriiriitrwrrrriri lwrrrrr ♦wrwraaraaaaaawaa . TOWN OF VAIL, COLORADO Statemnt rrrrrrrrrrtrwrrrrrrrrrrwrrrrrrarrrwrrraraaataaarararaarrarraarra Statemnt Number: REC -0575 Amount: 557.25 10/14/99 15:20 Payment Method: CK Notation: 1058 /RITTER Init: TN ---------------------------------------------------------------- Permit No: B99 -0225 Type: A -COMM ADD /ALT COMM BUILD P Parcel No: 2101- 082 -42 -001 Site Address: 333 BRIDGE ST Location: 333 Bridge St,Vail Village Club Total Fees: 557.25 This Payment 557.25 Total ALL Pmts: 557.25 Balance: .00 rrrrrrwrarrrrrrrrtrrrrrrrrwrrrrrrrrrrrrrrrrrraarrrrrrrrrawarrrrr Account Code Description Amount BP 00100003111100 BUILDING PERMIT FEES 245.00 DR 00100003112200 DESIGN REVIEW FEES 50.00 PF 00100003112300 PLAN CHECK FEES 159.25 AD D2 -DEP08 CLEANUP DEPOSITS 100.00 WC 00100003112800 WILL CALL INSPECTION FEE 3.00 o a 1, w a P 4 a a N O a w a a a E- H N A OI a 0 14 0 0 \ N N 1fl ' 9 0 Ral A aaH 0 0 I 1 O 0 1 I 1 O 1 0 1 I 11 0 1 w 0 1 0 1 1 0 Ix I 1 1 1 I 1 1 I 1 1 I 1 I 1 I I I 1 1 1 I 1 1 i I 1 1 1 11 �.1 5 i O i 0 i 1 o Z 1 1 010 0 0 Io 1 0 P 1 0 1 0 R i o 1 I ri I N 1 l ey 1 I lo` 1 I 1 t o 1 I 1 1 0 1 1 1 I 1 1 1 1 r1 f I O 1 O 1 O 1 I 1 D 1 0 I 1 1 0 11 E 010 0 1-1 1 0 1 0 1 1 0 Ol 1 Q 1 N 1 ri 1 I 1 ri 1 1 a 1 m 1 1 I r1 I I 1 I 1 [y N o 1 0 0 1 ol 0 O O O 1 0 0 a E 1 0 0 I I o U w C o 0 0 (� rl 1 rl I r1 I 1 1 a 1 x 1 wl o q 1 N I I I N \ 1 fn w Wi F � m a L a O N a 1 N w y A E i P 1 i N 1 O 1 z \ Q 0 1 N H O O 1 1 U N a E O 1 I N to 1 N 0 O H 1 I [7 O N 1 W N $ 1 x w aw a 1 a w C7w 1 N OG 00 FF pa p PON7 Ci p 1 1 1� a M � � a F U W W VFl 1 O a a � H C7 A C9 +�3Qq • Oa ��. i TOWN OF VA110ONSTRUCTION PERMIT APOICATION FORM INFORMATION MUST BE COMPLETE OR THE APPLICATION WILL BE REJECTED Contact the Eagle County Assessors Office at 970 -328 -8640 for Parcel # Parcel # 2 t D I 0 g 2¢ OQ Date: f 125199 Permit # - X225 Job Name: V I RA14M Rm IN6 Job Address: ,3,?,q 921X,6 &-f lcif Building (}C) Plumbing ( ) Electrical( ) Mechanical( ) Other ( ) Legal Description: Lot Block__ Filing VAI L VI 1 Subdivision Owners Name: Rgmom D y a - GO Address: P 30 K } gf FD WARDS GO 9169 ZPhone# 97,0 -926 - O Archi G1E Aiz t e, �rEe� INC, Address: PO ROx f07 9Qla/AQDS W x'1632. Phone# 970- 926.92gD Description of Job: RaVDEL ,SECOND F O_ D� UC(k] WaY Work Class: New (X') Alteration (X) Additional ( ) Number of Dwelling Units A-C MIX Repair( ) Other ( ) Number of Accommodation U Number and Type of Fireplaces: Gas Appliances w �A Gas Logs Wood/Pellet VALUATIONS BUILDING: $ 20,00 PLUMBING $ ELECTRICAL: $_ MECHANICAL $ CONTRACTOR INFORMATION OTHER: $ TOTAL $ General Contractor �1TfF_R G0,1U$T �C1�IG Address: PQ BOX P94-0 ]✓DUTA DS GO Town of Vail Registration No. 9 9 B / q]632 Phone - - 926 • 7 Electrical Contractor TQA Address: Town of Vail Registration No. Phone # Plumbing Contractor -fRA Address: Town of Vail Registration No. Phone # Mechanical Contractor -TRA Address: Town of Vail Registration No. Phone # FOR OFFICE USE TYPE GROUP SQ. FT. VALUATION BUILDING: SIGNATURE: ZONING: SIGNATURE: A 49M14z -4 Ff CLEAN UP DEPOSIT REFUND TO: Date Received zshd� SEP 13 1999 Date Receivet AUG 2f 1999 ,-III TO: ALL CONTRACTORS CURRENTLY REGISTERED WITH THE TOWN OF VAIL FROM: TOWN OF VAIL PUBLIC WORKS AND COMMUNIT'' DEVELOPEMENT DATE: JANUARY 1, 1999 SUBJECT: CONSTRUCTION PARKING AND MATERIAL STORAGE CODE 5 -2 -10; DEPOSITS ON PUBLIC WAYS PROHIBITED A. Unlawful deposits: Subject to subsection C thereof, it is unlawful for any person to litter, track or deposit, or cause to be littered, tracked or deposited, sand, gravel, rocks, mud, dirt, snow, ice, or any other debris or material upon any street, sidewalk, alley or public place, or any portion thereof. B. Notice; Abatement: The Director of Public Works may notify and require any person who violates or causes another to violate the provision of subsection A hereof, or who has in the Director's employment a person who violates or causes another to violate the same, top remove such sand, gravel, rocks, mud, dirt, snow, ice or any other debris or material within twenty four (24) hours after receipt of said notice by the Director of Public Works. In the event the person so notified does not comply with the notice within the period of time herein specified, the Director of Public Works, or other authorized agent, may cause any such sand, gravel, rocks, mud, dirt, snow, ice, debris or any other material to be removed from any street or alley at the expense of the notified. C. Exceptions: The provisions of subsection A hereof shall not be applicable: 1. Within the immediate area of any construction, maintenance or repair project of any street or alley or of any water main, sewer main, electricity line, gas line, telephone line or any appurtenance thereto; 2. To deposits of sand, dirt or materials necessary for the protection of the public safety; and 3. To public areas designated for the dumping or depositing of said materials. D. Summons; Penalty: As an alternative to the notice for removal provided in subsection B above, any person who violates or causes another to violate the same, may be issued a summons to appear before the Municipal Court of the Town for said violations, and upon being found guilty of a violation hereunder be punished as provided in Section 14-1 of this code. E. Notice; Penalty: It is unlawful for any person to fail or refuse to comply with the notice of the Director of Public Works as provided in subsection B hereof, and any such person shall, in addition to payment of the expense of removal incurred by the Director of Public Works, as provided in subsection B hereof, upon being found guilty of a violation hereunder, be punishable as provided in Section 1 -4 -1 of this Code. (1997 Code: Ordinance 6 (1979) Read and acknowledged by: eftyvt &G Position or Relationship to Project: (i.e. contractor or owner) Date: A/2¢ / 99 TOWN OF VAIL FAX 970 - 479 -2452 BUILDING PERMIT ISSUANCE TIME FRAME If this permit requires a Town of Vail Fire Department Approval, Engineer's (Public Works) review and approval, a Planning Department review of Health Department review, and a review by the Building Department, the estimated time for a total review may take as long as three (3) weeks. All commercial (large or small) and all multi- family permits will have to follow the above mentioned maximum requirements. Residential and small projects should take a lesser amount of time. However, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may also take the three (3) week period. Every attempt will be made by this department to expedite this permit as soon as possible. I, the undersigned, understand the Plan Check procedure and time frame. I also understand that if the permit is not picked up by the expiration date, that I must still pay the Plan Check Fee and that if I fail to do so it may affect future permits that I apply for. Agreed to by: Project Name: VN I L V 1 LL AG9 01 Date: �< / e- 4- l 99 Work Sheet was turned into the Community Development Dept. to 4), RECYCLED PAPER TM s MEMORANDUM TO: ALL CONTRACTORS FROM: TOWN OF VAIL PUBLIC WORKS DATE: JANUARY 1, 1999 RE: WHEN A "PUBLIC WAY PERMIT: IS REQUIRED JOB NAME: VA 1 L V I C L A G E G L U B DATE: ��24- PLEASE ANSWER THE FOLLOWING QUESTIONNAIRE REGARDING THE NEED FOR A "PUBLIC WAY PERMIT ": 1. Is this a new residence? YES NO_ X_ 2. Is demolition work being performed that requires the use of the Right -of - -Way, easements or public property? YES X NO 3. Is any utility work needed? YES NO 4. Is the driveway being repaved7 YES NO _ X 5. Is a different access needed to the site other than the existing driveway? YES NO_) 6. Is any drainage work being done that affects the Right -of -Way, easements, or public property? YES NO _X 7. Is a "Revocable Right -of -Way Permit" required? YES NO 8. A. Is the Right -of -Way, easements or public property to be used for staging, parking or fencing? YES / NO B. If NO to 8A, is a parking, staging or fencing plan required by Community Development? YES NO If you answered YES to any of these questions, a "Public Way Permit" must be obtained. "Public Way Permit" applications may be obtained at the Public Work's office or at Community Development. If you have any questions please call Leonard Sandoval from Public Works at 479 -2198. I HAVE READ AND ANSWERED ALL THE ABOVE QUESTIONS. � t RK-fik Ga NS-f zNe, Contractor Signature Company Name J TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ELECTRICAL PERMIT Job Address: 333 BRIDGE ST Location...: 333 Bridge St,Vail Parcel No..: 2101 - 082 -42 -001 Project No.: PRJ99 -0244 APPLICANT WIRE NUT ELECTRIC PO BOX 1112, AVON, CO 81620 CONTRACTOR WIRE NUT ELECTRIC PO BOX 1112, AVON, CO 81620 Permit #: E99 -0168 Status...: ISSUED VillagApplied..: 09/17/1999 Issued...: 09/23/1999 Expires..: 03/21/2000 Phone: 970 - 926 -8855 Phone: 970 - 926 -8855 OWNER REMONOV & COMPANY Phone: 970- 926 -6226 P.O. Box 1888, Edwards, Co 81632 Description: Electrical for 2nd story office remodelValuation: 10,000.00 aaraaaaraaaaaraaaaraaaaarraaaaaaaaraaaaraaraaaaaaaraaaaraaa FEE SUMMARY aaaaaraaaaaaaaaraaaaaaaaaaaaaaaraaaaraa +raaaaaaaaaaaraaa ++ Electrical --- > 180.00 Total Calculated Fees --- > 183.00 DRB Fee - - -> .00 Additional Fees ---- - - - - - > .00 Investigation> .00 Total Permit Fee--- - - - - -> 183.00 Will Call - - - - > 3.00 Payments ---------------- > 183.00 TOTAL FEES - - - > 183.00 BALANCE DUE -------- - - - - - > .00 aararaaaaaaaaraaaaraaraaaaaaaaaaaaraaarraaaaaaaaaaraaaarraaaaaaaaaaaaaara+ aa+ aaaaaaaaaaraar++ aaaaaaaaaaaaaaaraaaa +aaaaaaaaaar +agar Item: 06000 ELECTRICAL DEPARTMENT Dept: BUILDING Division: 09/22/1999 KATHY Action: APPR Approver per Ernst Item: 05600 FIRE DEPARTMENT Dept: FIRE Division: 09/22/1999 KATHY Action: APPR N/ aaaaaaa raaaaraaaaaaaaaaaaraaraaaa+ aaaaaaaarataaaaraaaaaaaaaaaaaaaraaaaaaaaaarraaaraaaaraaaaaaaraaaaaaaraaaaraaaraaaaaataaaaraaaa +r CONDITION OF APPROVAL 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. rraaaaaaaaaaaaaararaaaaaaaaaaaaaraa++ raaaaaaaaaaaaaarraaaaaaaaaaaaaaarraaaraaaaaaaaaaaaraaraaaaaaaaaaaaaarraaaaraaaaaaaaaaraaaaraa DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTIONS SHALL BE MADE TWENTY -FOUR HOURS IN ADVANCE BY TELEPHONE AT 479 -2138 OR AT OUR OFFICE FROM 8:A0 AM S:00 PM ,SIGNATURE OWNER OR CONTRACTOR FOR HIMSELF AND OWNER (// araarraaraaaaar• a+♦ araaaaaraa• wraa aaaaaaaa • aaaaaaaa +aaaaaaaaaaaa TOWN OF VAIL, COLORADO Statemnt rrawrararwrrrrrrraaarrrrrrrrrarararrrrrarrarrraararararwrrararaa Statemnt Number: REC -0564 Amount: 183.00 09/23/99 09:24 Payment Method: CK Notation: 5030 /WIRE NUT ---------------------------------------------------------------- Init: JN Permit No: E99 -0168 Type: B -ELEC ELECTRICAL PERMIT Parcel No: 2101- 082 -42 -001 Site Address: 333 BRIDGE ST Location: 333 Bridge St,Vail Village Club Total Fees: 183.00 This Payment 183.00 Total ALL Pmts: 183.00 Balance: .00 rrwrrrarwaraaarrrrraarrrrrraarrwaaaraarraarrrrarwraaaawrrarrarrr Account Code Description Amount EP 00100003111400 ELECTRICAL PERMIT FEES 180.00 WC 00100003112800 WILL CALL INSPECTION FEE --------------------------------- ---- -------- ---- --------- 3.00 - - - --- i�P_544 -OZU� TOWN OF VAILOONSTRUCTION PERMIT APOCATION FORM INFORMATION MUST BE COMPLETE OR THE APPLICATION WILL BE REJECTED Contact the Eagle County Assessors Office at 970 - 328 -8640 for Parcel # Parcel # Date: 1 2 — /7 - ( 1 -" 9 / , Permit # C Tell - U a,;tS Job Name: / / / C � � Job Address: _ r ,2 C s i _ Building ( ) Plumbing ( ) Electrical (/� Mechanical( ) Other ( ) Legal Description: Lot Block Filing Subdivision Owners Name: /f'Q�y ono Address: __ T 7- 3 �`�L Phone #_ Architect: Address: Phone# Description of Job: Work Class: New ( ) Alteration (,,)( Additional( ) Repair ( ) Other ( ) Number of Dwelling Units: Number of Accommodation Units: Number and Type of Fireplaces: Gas Appliances Gas Logs Wood/Pellet VALUATIONS BUILDING: $ ELECTRICAL: $ /0 OTHER: $ PLUMBING $ MECHANICAL $ TOTAL $ CONTRACTOR INFORMATION General Contractor Address: Town of Vail Registration No. "I Phone # Electrical Contractor 6 , rye �(� �/ r� "G 1✓ac Address: 111,52 X1 1o17 Ce, �l Cc2 0 Town of Vail Registration No. Phone # �a G Plumbing Contractor Address: Town of Vail Registration No. Phone # Mechanical Contractor Address: Town of Vail Registration No. Phone # FOR OFFICE USE TYPE GROUP SQ. FT. VALUATION BUILDING: SIGNATURE: ZONING: SIGNATURE: CLEAN UP DEPOSIT REFUND TO: Date Receive( SEP 17 1999 o a TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ELECTRICAL PERMIT Job Address: 333 BRIDGE ST Location...: 333 BRIDGE STREET Parcel No..: 2101 - 082 -42 -001 Project No.: PRJ99 -0244 APPLICANT DOUBLE DIAMOND SERVICES P. 0. BOX 1452, EDWARDS, CO 81632 CONTRACTOR DOUBLE DIAMOND SERVICES P. 0. BOX 1452, EDWARDS, CO 81632 OWNER REMONOV & COMPANY P.O. Box 1888, Edwards, Co 81632 Description: ELECTRICAL FOR REMODEL Permit #: E99 -0173 Status...: ISSUED Applied..: 09/27/1999 Issued...: 09/28/1999 Expires..: 03/26/2000 Phone: 970 - 926 -6202 Phone: 970 - 926 -6202 Phone: 970 - 926 -6226 Valuation: 6,000.00 rr+ rrrrrrr+ rrrrrr+++ r+ rrrrrrrrrrrr +rr + +rrrra +rrrrrrrr +rrrr+ FEE SUMMARY ++++ rrrrrr+ r+ rrrr+++ rrrrrrrrrrr +r +rrrr + + +r +rarrrrrrrrrrrrr Electrical - - - > 108.00 Total Calculated Fees --- > 111.00 DRB Fee - - -> .00 Additional Fees ---- - - - - - > .00 Investigation> .00 Total Permit Fee - -- - - - - - > 111.00 Will Call - - - - > 3.00 Payments ---------------- > 111.00 TOTAL FEES --- > 111.00 BALANCE DUE -------- - - - - - > .00 araaaar+ aaar+ r+ raaar+ + + +aaaaaaaaaaaaa + +r +aa +a +aaaaa+ aaa++ aaaaraaaaaaaaraa+ aaaaaaa +aaaaaaar +aaaaa +aaaaaaa +ra + +ra+ +aaaa +a +aarrrraa +a Item: 06000 ELECTRICAL DEPARTMENT Dept: BUILDING Division: 09/27/1999 JRM Action: APPR APPROVED JRM Item: 05600 FIRE DEPARTMENT Dept: FIRE Division: 09/27/1999 JRM Action: APPR N/A +aa + +a +a ++ aaa +r+ aaaaaa+ raar+ aaaaraaa+ aa+ aaaraaaa +aa +aa +aa + +araaa + + +a +r + + ++ aaa +♦aaraa ++ +raa +aaaraaaaaa +aaaaaaaaaaaaaa +aaa +aaaaaa +aa CONDITION OF APPROVAL 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. + aaaa +aa + ++ aaa ♦aaaa +aaaa + +aaaarr +aaarr +ra ++ aaaa+ raa+ +aaa +aaaaaaa +aaa + + +r♦ ++ aaaa +a ++ aaa+ aaa +a +ar +a ++ +aaaa +aaa +a +araaaraaa + +ra+ +aaa+ DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTIONS SHALL BE MADE TWENTY -FOUR HOURS IN ADVANCE BY TELEPHONE AT 479 -2138 OR AT OUR OFFICE FROM 8:00 AM 5:00 PM S NAT 11 OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNER raaaaraarrarrrraarrrraarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrar TOWN OF VAIL, COLORADO Statemnt rrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrraaaaaaaaraaraaaraa Statemnt Number: REC -0566 Amount: 111.00 09/28/99 11:33 Payment Method: CK Notation: 09970/DBL DIAMON Init: JN ---------------------------------------------------------------- Permit No: E99 -0173 Type: B -ELEC ELECTRICAL PERMIT Parcel No: 2101 - 082 -42 -001 Site Address: 333 BRIDGE ST Location: 333 BRIDGE STREET Total Fees: 111.00 This Payment 111.00 Total ALL Pmts: 111.00 Balance: .00 rrrrrrararaarrrrrrrrrrrraaarrrrrrrraarraarrrarrrarrarrrrrrrrarrr Account Code Description Amount EP 00100003111400 ELECTRICAL PERMIT FEES 108.00 WC 00100003112800 WILL CALL INSPECTION FEE 3.00 --------------------------------- -------- ------ --- -- ------ - - ---- Sep -27 -99 09:53A Double Diamond Service 970 925 5203 _P.02 'OWN OF VAIL CONSTRUCTION PERMIT APPLICATION FORK! INFORMATION MUST BE COMPLlPYL OR THE APPLICATION WILL BL RFf�D Contact the Eagk County Assessors Office at 970.328 -8640 for Parcel 8 Parcel #_i 101- QR a - q o Q) Date- q 1A rD ) q_ `•'I Pmnil # � L ' LJ 1 Lj Job Name Job Address: Building () Plumbing ( ) Electrical Mec- baoiea) ( ) Other ( ) Lgal Dcscription: Lot Block Filin Subdivision Owners Name - 2o mf,n f)I) rt- � X A dd=: rc Phau* Ahitect: _ Address: Phone# Description of Job: Work Class: Alkwation (� AddkiotW () Repair () Other ( ) Number of cuing Units: Number of Accommodation Units: Number and Type of Fircplac es: Gas Appliances Gas Logs Wood/Pellet VALUATIONS BUILDING: S WCTRI,CAL' S C �Q p OTHER: $ PLUMBING S MECHANICAL $ TOTAL S CONTRACTOR INFORMATION n General Corrtrrcctor Address ; L"axxrds. Town of Vail Registration No. Phone #_ . Mectrieal tractor 4 I 17Y)fY� �l a Address: �• l�71t � ,�� t (lUjQ/1d�, l Q rS�I d Town of Vail �egistra<ion Na. 9 15 - Phone # L a0 G: Qq — 01 Plumbine Co tractor. Address: Town of Vail giretrAtioa No. Phone #_ M hanial tr t r: Addren: Town of Vail fegiSt rAiam No. Phone # FOR OFFICE USE BUILDING: SIGNATURE: - ZONING SIGNATURE: