HomeMy WebLinkAboutPEC060061 PEC060062 PEC060076IRREVOCABLE LETTER OF CREDIT FORMAT
Legal Description: Lot F 'BlockJ2--Subdivision: rz4zr- / .
Address:
-'t
I uvtut a utz iLD
Developer ' t1-l u44 P&t .-."t t'
''A
ht' ?LL
Project Number:
Permit Number:
lmprovement Completion Date:
Letter of Gredit Expiration Date:
THIS AGREEMENT, made and entered into this
-
day of
byandamong TtLtu4(ol r',ttt-ootts cce (the
Vail (the "Town") and
WHEREAS, the
eeeuPaneY.{e1 Ei.c
(address,project
Agreement;
20eL
Town of
j"ds".Hf :fi il?;H".T:Hil.{tf''"1*"flru*ffiilillfi 'ff ilF'TT":#[:gi'iort-n in the aftached estimated bid(s) in aciordafiitn the qqlfifftns and specifications
;,-H;*;,^t"#effiff *"il@,*
The Devetoper agreesro estabtish an irrevocable letter.of credit#Jl3l6@.lqq1.3!3
in the amount of $_as@letion of all itnprovements refened to in this
Agree1nlnt, in ihe event thers is a default under this Agreement by the Developer.
NOW THEREFORE, in consideration of the following mutual covenants and agreements,
the Developer and the Town agree as follows:
j. The Developer agrees, at its sole cost and expense, to furnish all equipment and
materials necessary to pe*orm lnd complete all improvements referred io in this Agreement. The
-Devetnner aqrees to complete all improvements referred to in this Agreement on or before the
f5t_ -Uay6i- M. ,-20.o'L. The Developer shall .complete, in a ..good.- -workrnanri[e m-anner, Jlf-improvements referred to in this Agreement, in accordance with all
approved plans and specifications filed in the office of the Gommunily Development Department
oi inu fown of Vail, and to do all work incidental thereto according to and in compliance with the
following:
with
F:\cdev\FoRMS\Pc.mitsltlannlng\Admhistrative-Actions\lDlA credit btmet-5-16-2O07.doc Page 2 of 6
6. lf the Town detennines, at its sole discretion, that any of the improvements
referred to in this ngt""rn"niir; not constructed in compliancgwith the ?pprov€d
pla-ns and
speciflcations filed in the ofR""qf tft" Communig Developm'ent Departme.nt.of -the Town of Vail or
not accepted oy tne rown
-a-s;"tpl"G ;; or'before the date set forth in Paragraphl of this
Agreement, the Town r"y, Urt shali not be. required to, draw upol th.e se.curily refened to in this
6;;;r";;i';O completeiir- uncompleled impiovements refened to in this Agreement' Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate. of .Ogc'ryn_cy referred to in this
Agreemenl may be revoked uniil all improvemenis referred to heiein are completed by the
DEveloper or thl Town in acrordance with this Agreement'
lf the costs of cornpleting the uncompleted improvements referred to in this Agreement
exceed the dollar amount o:f tne"s"iurity provided to the Town, lhe excess' together with interest
;ftu;G p; ent (12o/o) p"i ,nnrr, snltf ne a tien.againsr the property ?q Try be collected by
;i"i6ii;;;t o,i certtrieo to the tieasurer of Eagle County tobe collected in the same manner
as delinquent ad varorem 1axl.'i"ui"O against sujh property.. ttttrg Dgyelongr fails or refuses to
complete the improvements-reterreO t6 in tnis nfiieemghi.such failure'or refusal shall be
considered a violation of Titie 12 (Zoning RegulationJ), of the Vail Town Code' and the Developer
shall be subject to p"narties-putir"ntli sJition rz-g-to (viot"tions: Penalties) and Ghapter 14
(General PenaltY), Vail Town Code.
7. The Developer shall warrantf the work and materials of all improveihents refened
to in this Agreementl6c"tdO on town propdrty or within a Town right-oFway, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements
8. The parties hereto mutually agree that this Agreemqlt m1y be.amended from time
to tirne, provided tnat such ahendments Ue i-n writing and executed by all parties hereto+
Dated the day and year first above written.
srATE oF C\o.,-c'Jo
coUNfiOr 8r1l<-
)
) ss.
)
Thqforegoing D#1 Day of _
veloper lmprovemenl Agreemen
^^-
Wttness my hand and official seal.
My commission expires
F:\cdev\FORMS\Permits\Flanning\Adminlstlstive-Actions\OlAcleditformatjn&20o7doc Page 4 of 6
STATEOFCOLORADO )
couNw oF EAGLE itt'
The foregoing
,'H Day of
odi*l;' I' p'ou"' "nltgffi "H#tszfg[e m e th is
Witness my hand and official seal.
My commission expires:\i, t
F:\cdev\FoRMS\permits\pranning\Administrative-Ac{ions\DrA credit format_F16-2oo7.doc Page 5 of 6
R.A.NrtsoN
{ine huilders
Developer lmprovements Agreement
The Willows at Vail
Scope of work: import fill material (from the Mountain View prolect), place, compact, and revegetate using
hydro-seed (Vail Mountain Mix)
lmport
Placa & Compact
Revegetate
Demobilize
Tolal
125%
7500 cY
7500 cY
22500 SF
1LS
5.00 37,500.00 From Mountain View
6.00 45,000.00 Diamond A
0.'10 2,25O.OO Rocky Mountain Custom Vail Mouniain Mix
10,000.00 10,000,00 RA Nelson
94,750.00
118.437.s0
n Alpinc Bank
Voil
I 2 Voil Rood, Suite 200
Voil. Colorodo 8l 657
97 0- 47 6-87 00
Fox 97O-47 6-2366
Date of Issue:
Amount:
|Iumber:
Expiration Date:
APPLICANT:
BENEFICIARY:
PURPOSE:
IRREVOCABLE STANDBY LETTER OF CREDIT
MAY 29,200',1
$l 18,437.50
4460088933
ocToBER 1,2007
TRIUMPH WILLOWS, LLC
TOWN OF VAIL, COLORADO
www,olpinebonk.com
€ h."'"'-k'"*dP.F,
coFy
DEMO, SHORING, EXCAVATION AND DEWATERING PERMIT
FORTi{E WILLOWS AT VAIL PROJECT LOCATED AT 74
WILLOW ROAD, VAIL, COLORADO
To Whom It May Concern:
we hereby establish in Beneficiary's favor, at the request and for the benefit of Applicant, our
Irrevocable Standby Letter of Credit in an amount not to exceed $l18,437'50 (U'S' $1 l8'437'50)'
Th" pu.po." of this letter is to secure the performance of and the compliance with the
Agreement, by and between, Applicant and Beneficiary'
Beneficiary shall promptly notifu Bank when a default or event of default of said agreement
occurs. your notification shall include any notice or order required to be sent to Applicant
pursuant to the agreement. Notice shall be by telephone and in writing to:
ALPINEBANKVAIL
ATTENTION: MICHAEL GLASS
12 VAIL ROAD, SUITE 2OO
vAlL, coLoRADO 81657
970-476-8'700
we hereby agree to honor drafts drawn under ar,d in compliance with the 19113 of this Letter of
Credit if iuly presented to a loan ofiicer at 12 VAIL ROAD, SUITE 200' VAIL' COLORADO'
during normal^business hours on or before the expiration date. Partial drawings are permitted'
This Letter of Credit is not transferable.
The conditions for payment of any draft drawn against this Letter of Credit are as follows:
1. Receipt by Bank ofBeneficiary's rnanually signed statement by an authorized signatory
certifyinithat Applicant has taitea to perform with, or comply in accordance with' the
n Alpine Bank
provisions of said agreement by and
dollar amount of the default.
between Applicant and Beneficiary, and statirrg the
2. Presentation ofthe original Letter of Credit to Bank, endorsed on the reverse side with the
words: ',TowN or vntl, coLoRADO" in the amount requested, then rnanually signed by
an authorized signatory.
This Letter of credit shall be governed by Article v of the Uniform cornnrercial code as in
effectintheStateof Coloradoonthedateof issue. ThisLetterofCreditsetsforth infull the
terms ofour undertaking, and such undertaking shall not in any way be modified' amended'
amplified or limited by any document, instrument or agreement refened to herein, or in whiclr
this credit is referred to, or to which this credit relatesfand no such reference shall be deemed to
incorporate herein by reference any such document, instrument or agreement'
www.oloinebonk.com
mffj{0f yAIt
Community DeveloPment
75 South Frontage Road
Vail, CO E1657
970.479.2139
LETTER OF CREDIT DEVELOPER IMPROVEMENT AGREEMENT
lnstructions: This page should be given to your lender/bank and returned
with Your letter of credit'
ProiectName: AH-e Ytuoaq/9 *a v*tL
Project Number:
Letter of Credit Nu
lssuing Bank:
F:\cdcv\FoRMsPemGlPlenning\Admlnistraltuejctions\DlA credit formal-S1S2007'doc Pagc 1 ot 6
Dqtartmcnt of Commaniry Dnelopmmt
75 South Fronugc Road
Vail, Colorado 81657
970-479-2138
FAX 970479-2452
zttuw.uailgou. com
September 25,2OO7
Alpine Bank Vail
Attn: MichaelGlass
12Yail Road, Suite 200
Vail, CO 81657
Re: Letter of Credit Number 4460088933
Applicant Triumph Willows, LLC (The Willows)
Dear Mr. Glass.
The above mentioned letter of credit has been released. Please find the original letter
enclosed. lf you have any questions please call George Ruther, planner on the project
for the Town of Vail at 970479-2145.
Sincerely,
V1 ^,,^-C rr,.7 b"-"-"--
Lynne Campbell V
Office Manager
Enclosure
a RECTCIED PAPER
r|Lt c0PY
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-21i8
tutx 970-479-2452
www.vailgov.com
July 18,2007
Re: Willows Employee llousing
Steve Virostek, Triumph Development
C/O Reed Weily
143 East Meadow Drive, St 400
Vail, Colorado 81657
Dear Steve,
Pursuant to Ordinance No. 30, Series of 2006 (tlre "Ordinance"), the Town of Vail (the "IgY[")
required the Willows Condominium Association and Triumph Development, LLC (collectively,
"Willows"), to provide deed restricted employee housing for a total of eleven (l l) employees.
On February 13,2007, Willows provided the Town, and the Town accepted from Willows, deed
restricted employee housing for four (4) employees. Willows has since placed Town-approved
deed restrictions on the following "Units":
1) A three (3) bedroom condominium unit located at 2111 North Frontage Road, Unit A-3,
Vail, Colorado 81657; and
2) A three (3) bedroom condominium unit located at 1524 Buffehr Creek Road, Unit 426,
Vail, Colorado 81657.
The purpose of this letter is to confirm that, by deed restricting the Units, Willows has provided
the Town with employee housing for seven (7) additional employees (or eleven (l l) total
employees) and that said Units comply with the Town of Vail Zoning Regulations for the
purposes of the Ordinance. Accordingly, Willows has fully satisfied its offsite employee housing
obligations under the Ordinance.
Very truly yours,
U-8,-*t-,
George Ruther, AICP
Director of Community Development
Town of Vail
{-19"t"*"''"""
l,Aay Q2 07 07:51a,p.2
+.PYLN{AN
Y e. ASSocIATES
Mardr 30,2007
Steve Kirchner
44 Willow Place
Vail CO 81657
RE: TheWillows
Dear Steve:
As you !oow, the vait Town council graoted apnroval for the redeveloPment of tbe willows
properry in Decembercf 2006. The nJw buildine will include a fully enclosedparking garage
located below ttre uulain-glii" "*"tt ative wili be located in essentiallv the same location as
existing and is design"J"-, u 14 foot wide heated brick paver ramP-supported by a rctaining wall
tbat is located **pf"tai o-o Wilil;pt"Perty but immediately adjacent to the 44 Willow Place
properry line.
The reraining wall along the 44 willow Place property line will be con:truct€d as a micro-pile
watt system that will
""? fi;" fiffi;Ci;6' oi q:*T* lTi**i onto 44 willow
place property. There will be sosre necessary level of iisturbance required on 44 '$/illow Place
property to install tuis o,u1. rir" area or oisturtance n* t""n identifiLd on both the site plan and
drivewayprofiledrawingsandwilllor.extendbeyondthesma|l*.:T'"oi"i"gwallthatisin
place between u," prop"ii"r. env r""ascaping that is damaged will be replaced with the same
size and typ" ot pf*t Jaild. -Ait".
ourdis"ossiou at our Jn sie rneeting last Thursday I have,
gone back to o* "nffi-*a it
""rtuioty
is po*gUf" to remove the surali stone wall and smooth
the grade across. to tf," ".* -i"to-pif" w1!' f aSr. 3c ytiltJ::^9::this would allow some
additional room for landscaping and woula proiae for a better overall appearance: T*'^tt.^6"
desire of the owneni we would be happy to accommodate that imgovement' I have attached a
site plan, tr"o pot"nti* aii;;;v;;;h;;s and driveway profilc lor your review' one of the
sections shows the ,*or *af iJ*aining in place *A tilJt""ona teiti*t shows the stone wall
removed.
Irt me know whictr wall qrtion is prefcrable- to the 44 willow Placeowners' If the small rock
wall is removea ."" ,"iilu-Ji"ppy io work *ith y;; i. develop a landscape planting plan for this
area.
As tbe micro-pile wall is adjacent to-the p19ryy line the Town of Vail has asked that we
provide them an acknowledgerneni_ftom 44 w;ii; Phce of tlre proximity of tbis wall' The
iimplest format for this is to-sig' off on a "opyof
tni. btter md return it to rne' As there is no
fficez 137 Main Suecr, Suirc CIOTV Edwalds' Colomd,o 81632
Phoac: (9?0) 926'6065 Far (970) 926'6064
8r
Mail: P,O- Box 23J8, Edwards' Colorado 81632
Email: t ick@P1'lman'com
May 02 07O7:51a .
p.3
o encfoachment ovel Urc ProPffty line no fuural cas€ment or ofrrer documentation wilt be
necessary.
As always, we are available to answer any questiqns you may havc' Thank you'
'"ru6.*")
RickPyhan
Copy: = Steve Virootek, Ttiumph Devel"nt:t I.J.C'
' BY;--
'44 Willow Place
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C{
Department of Public llrorks & Transportation
1309 Elkhorn Drive
Vail, CO 81657
970-479-2158
Fax: 970-479-2166
vwvw.vailgov.com
MEMO
To:
From:
Rel
Date:
CC:
Steve Virostek, Triumph Developmant
Tom Kassmel, Town Engineer
Willows Redevelopment Civil Improvement Plan Review
4nt/07
Charlie Davis, George Ruther, Mike McGee, Jason Cowles
The flow calculations for the 4' pan with a l" invert is acceptable, please add a statement within the final
drainage report that 'x' amount offlow with over top and flow dbwn the driveway and be contained
within the driveway trenchdrain.
The Drainage report provided has a few inconsistencies that will need to be corrected during the final
drainage report submittal. Please call to discuss.
All public storm sewer that is located under heated surfaces must be RCP as shown, but public storm
sewer under non heated surfaces may be HDPE or RCP.
The south wall between the access stair and the west property line should extend at least 18" above
finish grade on the back side to help protect the patios and building from snowplow "slobber", unless it
is deemed that an adequate vegetative barrier has been created. The landscaping plan that was recently
submitted is not approvable as shown in this area. The drip line of hees shall be maintained at a
minimum of 5' from edge of asphalt and the tree trunks shall be a minimum of l0' olf the edge of
asphalt.
Please widen the driveway at station +43 by about I' to allow for 10' ofclearance for bypass traffic
when a vehicle is stopped at station 40. Also the location ofthe access pad does not allow vehicles to
pass ifa vehicle gets stuck. (Please call to discuss both issues).
What type of flow is entering inlet'C'. It is understood that dewatering is entering inlet'B'.
Provide a letter of intent from the owners of 44 Willow place to enter into an agreement to allow the
west property line wall be located directly on property line and to allow all necessary grading needed on
their property to accommodate construction of the wall and the storm sewer cormection in the SW
comer.
All tiebacks into the Town of Vail ROW must be temporary. No permanent tieback or vertical shoring
elements will be allowed to remain in the ROW.
Add a manhole at the bend in the storm sewer at east end of Willow Rd.
The Town of Vail Public Works Department has received the revised Civil Improvement plan set dated 4i05/07 for
the Willows Redevelopment. Based on our review w the civil plans are substantially complete and the developer
may submit for Building Permit. The following comments will be required to be resolved prior to approval of a
Building Permit. Please submit a response letter w'ith the next submittal responding to each comment.
Comments (To be resolved during BP Process)
J.
4.
l.
5.
6.
1
9.
George Ruther - \
10. How will the dumpster be emptied, is the removal company willing to drive down this driveway and
back out? Please get confrrmation from vender.
1 l. The port cochere column can not be located within the ROW nor can any roofoverhang, please adjust to
conform.
12. The concentrated drainage flows at the end of the curb and gutter on Vail Rd, must be conveyed to the
storm sewer in an adequate ntanner.
13. The pedestrian walk added to Vail Rd. will be required to be maintained by the property owner, per
Town code.
14. The addition of the walk will remove a snow stomge area that the Town currently uses, let us discuss a
possible solution with some regarding in that area.
15. Prior to construction verifu whether the electic manholes and sanitary manholes in the streetscape need
to be adjusted in elevation and if the manholes can be rotated out of flowlines. Please also verify
location ofthe 12" connection to the existing 36" with the assistance of the Town.
16. All construction staging issues shall be resolved prior to construction including staging, phasing,
access, schedules, traffic control, emergency access, etc...
17. A RoWrutility permit shall be obtained and approved by the Town of Vail prior to commencing any
construction within public Right of Way.
18. A Town of Vail Revocable ROW permit shall be recorded for all private property improvernents
located within public ways.
19. Prior to approval ofa Building permit all necessary permanent and temporary easements are recorded
with Eagle County.
20. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including;
excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections
and plans shall include all existing conflicts (i.e. utilities).
21. Any excavation shoring methods used that encroach upon adjacent public or private property shall
have approval by the appropriate owner and have a recorded easement prior to construction.
22. A CDPHE Permit and all appticable ACOE permits (i.e. Dewatering) shall be submitted prior to
construction.
23. Provide a soils report.
24. If temporary or permanent dewatering is expected an analysis from a qualified professional engineer
shall be required, addressing potential impacts to all adjacent properties (i.e. building settlement).
t'-.
I
I
iorurvnF
Departnent of Public Works & Tlansportation
Ii09 ElkhomDrive
YaiL CO.81657
970479-21s8
Fd:970479-2166
wvmv,vailgott.com
MEMO
To: Stwe r/irostelc, TriumphDevelop'meut
Tom Kassmet 1o1arr Fngineer
'Willows Redwelotrment Civil tnprovemcnt Plan Rerdewyta07
Charlie Davis, George Ruther, Mke MaGeg Jason Cowles
The Town of Vail Public Works Departuent has received the Civil Improvment plan set datd2J26l07 for tlie'Willows Redevelopm.ent. Based on our review the following comments will be required to be resolved prior to
Civil aBproval and Building Permit submittal. Please submit a response lette'r with the next zubmittal rcsponding 1o
eaoh cment. Also, please call to setup a meetingto receive ard discuss fte redlin:plans.
fF@
1. Please pnovide the drainage calculation showing a 4' pan with a 1" invcrt has adequate drainage capacity.
2. Please provide drainage calculations showing that ttre new drainage connected to the existing storm will
not exceed tlc existing storm sewers capacity.
3. .The minimrim publio stomr sewerpipe size shall be 18", unless extenuating design circumstances exist
md it is approved by the fowD F.ngineer
4. The south wall betwe€n the access stair and ihe west property line should e;cteld at least 18" above finish
grade on the back sirte to help protect the patios and buildiag from snovplow "slobbe,f'.5- The entauce to the dtive should have the first 4.0' at 22' with enough mom to allow two vehicles to staok
offof the edge ofroad and st.i[ allow a ve,hicle coning out of lhe gange to pass thru the acccse key
psd system should bo placed in a location to facilitate this. (It will thereforc need to be moved back).
Please shw on the plan the stacking ofthe two vehioles and their relation to the access pad.
6. Provide a leJtetr of intent ft,om the ov"ners of 44 Willow place to enter irito an easeinent agre€ment to
allow the west propeny line wall bc located directly on proputy line and to allow all necessary grading
needcd on ttreir propqty to accommodatE constuction of the wall and the storm se.lrler cotrtrection in the
. SW cmner. A recorded easment shall be submitted to the Town prior to any building permit releaee.
7. Show rmdqdrains for west and south retaining walls. If they fall on adjacent property then approval
must be granted-
8. Show w[ere tbe foundation underdrains comect into storm sewer system. This flow shall be included in
tbe drainage caloulations.
9. All tiebacks into the Town of Vail ROW must be temporary. No perrrauent tieback will be allowed.
Thcrefore the wall along the sonth property line must bp fioe slanding and not tied back into the ROW.10. Please provide a profila for Wiltow Rd. showing positive drainage can be maintained- Those arcas noted
as possiblc location for inlets, should be regraded or inleb shown as necersary.
Willow road *rould be regraded to bo crowned.
Add storm sewcr at east end of 'Willow Rd. to connect into existing inlet
X'rom:
Re:
I)ate:
CC:
11.
72.
13.
L4,
15.
Rerdsc west end alignment of Willow Rd as rodlined on drawing.
The alignment of Willow Rd. at the Willows driveway may be able to be puehed fiuther north to help
with providing stacking room on tho driveway. See redlincs.
Inhopes ofproviding the beot design solution for the east intersection of Vail Rd. and Willow Rd. b'y
Riva Ridgg th: Town would like to send the cuneirt desip for that area to our sbeetscape architects.
This can be worked thnu during the Building Permit review process.
Generel Conditions of Aroroval
1. Please add the Town of Vail Gsreral Notes to construction plans. (Notes can be e-mailed upon request)
2. Please add Utility Signafue block and have all utilities sign acknowledging acceptance of utility desip.
3. All constuction staging iszues shall be.rosolved prior to construction including staging phasing access,
schedules, tafrc contof emffg€ncy access, etc...
4. A Rowrutility permit shafi be obtainoil and approved by the Town of Vail prior to commencing any
oonstruction udrhin pubJic Right ofWay.
5. A Town ofVail Revocable ROW permit shall be recorded for all private properry improvements located
within public ways.
6. Prior to appoval sf s luilding pcmit all necessary permanent and tmporary eas€ments are recorded
with Eagle County.
7. Prior to approval of a Buildiag perrrit a shoring and orcavation plan shall be submitted including;
eircavation pltasing engins€red shoring plans with plan, profile and cross sestio1s. Cross Seotions and
plans shall include all o<isting confliels (i.e. utilities).
8. Aay orcavation slroting methods us€d that eircroach upon adjaceirt public or private properly shall have
approval by the appropriate ouder and have a recorded easement prior to constuction
9. A CDPHE Pernit and all applicable ACOE permits (i.e. Dewatering) sha[ be submitted prior to
consttrction.
10. Provide a ioits report.
11. If temporary or permanent dewatering is expected an analysis from a qualified professional engir.reer
shall be re4uired, addressing potential impacts to alt adjacent properties (i.e. building settlernent).
I
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TneWrLLows
REDEVELOPMENT
August 2006-Decembe r 7006
I
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George Ruther - Willows Ordinance
From:
To:
Date:
Subject:
George:
"Arthur A. Abplanalp, Jr." <Art.Abplanalp@earthlink.net>
George Ruther <G Ruther@vailgov.com>
12lO4l2OOO 3:53:54 PM
Willows Ordinance
Thank you very much for the opportunity to review the proposed ordinance
on behalf of the Riva Ridge South Condominium Association. I have the
following comments, which I hope may be helpful.
" Section 2 - The proposed ordinance refers to plans "dated December 1,
2006" but the plans which I have are actually dated "Nov. 06, 2006" with
a most recent revision date of "Town Council 12-0'l-2006."
/ Section 3. The following sheets are not part of my package -
Topographic Survey, A.2.2,2.3,2.4. and 2.5 (building sections), 3.0.1
(garage level selbacks), 3.1.1 (first level setbacks), 3.2.1 (second
level setbacks), 3.3.1 (hird level setbacks), 3.4.1. (fourth level
setbacks), 5.1.1. (north elevation). Also, I understand that 5.2 has
been corrected on this date. with reference to the elevations of the
east end of the south (Vail Road) wing, and I hope that you have
received those. I have seen earlier versions of most of these, but none
based upon the current proposal. Those identified as 3.0.1 and 3.1.1.
are of particular concern, because they identifo the setbacks of the
garage and main building from the east property line. I understand that
lhese have not been develgped but that you have directed the developer
to provide you with those.vl have also been provided corrected versions
of 3.2 and 3.3, with more restricted versions of the second and third
floor balconies than were depicted on the plans which I received last
Friday, generally consistent with the plans agreed upon by the developer
and approved by Council. The one variation which I see from the plans
given to Council is the fact that the balconies are at right angles to
the chimneys on the east side of the building, while the plans which
were agreed upon by the developer and Riva Ridge South had those at a 45
degree angle, consistent with the other balconies - slill ending at the
chimney, but probably a bit more attractive with the angular feature.
,,2 Section 4.1.C. Although the ordinance refers to the Approved' Development Plan for the setbacks, the plans don't actually identify any
setbacks. I believe that the Council amended the ordinance on first
draft to provide something to the effect that the setbacks were to be
"the boundaries of the building as set forth on the Approved Development
Plan." Without anything on the ADP identified as "setback", I believe
that this language is still necessary.
In order lhat both the developer and the President of the Riva Ridge
South Condominium Association may be in the loop, copies of this e-mail
are being provided to them.
lf you have any questions, you may contact me. Thank you, once again,
for the opportuni$ to review this proposal.
Art Abplanalp
George Ruther wrote:
Ruther - Willows Ordinance Page 2
O lon-
>Please take a look at the attached ordinance and call wilh questions.
>Thanks,
>George Ruther, AICP
>Chief of Planning
>Town of Vail
>(9701479-2145 office
>(970) 376-2675 cell
>(97Q) 479-2452tax
>gruther@vailgov.com
GC:Steve Virostek <steve@triumphdev.com>, lvan Popkin <whalei@aol.com>
o
nfSORT DESIGN
-atata-
ASSOCIATES
FROM:
DATE:
JOBNAME:
JOBNTJMBER:
T RAN SM ITTAL
'E'
Lol
r:lil"j. AU e l;..'vs:,jiiV
Mike Foster
0U24/07
The Willows
23270
?
Llz
(.J
TO: George Ruther
COMPAIIIY: TOV DRB
ADDRDSS: 75 S Frontage Road West
Vail, CO 81657
RE: DRB FINAL SUBMITTAL SET
CC:
We are sending via
E Attached
E Under separate cover
E Originals
I Prints
E Copy of letter
D Shop drawings
E Specifications
E Change Order
E Other
tr
DESCRIPTION
DRB Submittal Set-Full Size
Cut Sheet Packet (9 sheets)
I 0y24t07
I For your useI For review and comment I For approval ! For your information
NOTE:
Please add the penthouse clerestory window detail to the detail manual.
-t0 \\'cst llcnchm,rrk R,red Suitc 221t. .\von
P () Bor 613-36 .\ton (. () 1t162(l
DATE
ov24/07
ol/24/07
! As requested
D
iI VE
! ',"'t !
F VAIL
lln) EcE
l11l
rAN r
-IOWN O
p h,, n ( :, ? rr.9 { 9.0 8I I
(. ()816 2 (r
s8 Bysted
lards
weblink
bolo
Prole.t pagc
286.296, 312
0esiq n
Peier Bysted
aIn(cplIsted provides downward illumination. The louver shades are painled whrle on the instde, to optrmize
-?ire relle(led liqht and (reales a dislin(l car(ular patlern ol light on the ground. Byslcd ha5 a ruqqedness
thal make5 at surlable Ior u5e in publi( arens. The tor lcn slecl .rnd c.5l aron wrll oxrdire with,r lhrn layer
ol unilorm rusl.
frnrin
Cor len sleel, raw
Malerial
tuminarre hedd, Oie cast iron Posli (or'len steel. Ba5e plale: (or len stcel
Mounlrnq
Base plate dimension, 12' diameter. Base plale: Mounted lo a (onctele base wrlh 4 an(hor bolt5.
We rqh t
Max.94 lbs.
tabel
cUL, wel lo(alaon. lBtw
Produ(t (ode tiqht tour(c
l
IBY5 1/100W,/MH./rD-17 medrum
Spe(ficalron noler:
. MH vaft.nli provrded with one 120//277V t.can rlylc ballast.
Voll dge ifrnr5n
l
l(0R.TtN120/277V
lnJo nol0r:
| (or len 5tcelconlnins (oppet nnd (.lrbofi (eel Altcr wealherrng, n thln, unlfotm layel ol Iu91 np-
pe.r!.!nd n(ls l0 5el1 prole(t the 5url,rre Iom lurlher (orrollon thu5 ellmlnatlng lhe need for lulure
m.lnlenar!(e lI( pfo(r'ss ol oxld.non c.tutet tht !u'la(t lo b eed (.re rnu!l be Llkerl lo In!l.lll !he
Byned lirtLre in a dr,r nige ptt or In gnllslo prtvenl 5!1l,lce !l,lrnrnq
ll Ihe boilard r! 5upp|rd wrlhoul b.l5e(ovc,
lll. lhe (ompar.rblo tU ver5ron h:5lht lollowrn! (lns5rl(,!lron: trrgres! Prolc(lro0 (odt: lPl4
louis
poulsen
r10 -
':--sfrtttttltltltl
't;*
t-t-^t:I
II4
15'
firlnr 0elcrl Vrsrlor (1]nlar
P.lm 0eserl, C.lrlornia U 5l\
ArchrlILt
InteTi!ctrve De9rqn (otporalrorr
[fl!rncfr
l\4 RC tncrneeflnq nc
l'lrotn
Franl 0om In
Io's
Diamond h c@ refector system reduces light po lutlon ar|d allows inc€ased pole spac ngs.
see ntro sect on for ful d€ta s
Diamond ODtic@
Suggested pole/bracket options
See poles and brackets section fo. full range
tt":'
-r_"t-'!utL
--
A
30
26
23
2A
13
1C
6.5
3
rrii;iElllEt;
Robust copper cgnstruct on to( enhanc€d coftosron resistance and longellry
OT:J"J:.:,:""1 ::J,"J: [": iilfiH#iliH;: ff:',":H 5]ff :"'*,
Frog and cast base have enernal connector blocks for ease of Installation
t;
-u,-
Olnensims (lnch) li{aght (b) ER
Va.ianlAACD
Steet 33 17 3 7.5 23 3 01 ft'
Avenue 29 15 3 5 18 2 36 ft'
Windsor c,.irt::
q
Y
Ootona cast base
TtE, Nillar,,,s ef Vai I Nal( t 6lunn lltoan Y rudclF TRZS soil tac
SPECIFICATIONS
pEscHPr-tQt!
AcT 4Rl Bo
A^rD6 &Ace,
lhe troditionolly squore shoped luminoire
sholl consist of o lumlnqire bme wlth on
integrol bollost hor"sing, o four slded lens
frome, fot,|l lens pone]s. o roof, ond o fniol.
DTMENSIqE
Fixfure dlmenslons sholt be os d€lolled on
mcK poge.
MAIE$Al5
The lurninoire bos€, bollosl housing, frome
ossembly. roof, cnd finiol sholl be heovy
woll copper free, cost oluminum
produced forn cerfifi€d ASIM 356.1 ingot
per ASIM Fl79-954 ot ASTM 82695,
formed true to lhe pottern wlth complele
deidl. Lens poneb stroll be srnooth,
texfured or prismolic. Lenses ore c$/oll-
oble ln cleor polycorlronote or cleor ocryl-
ic. lntemol refoctors strdl be boro$llcote
gloss ond reflectors sholl be pollshed
olumlnum, All hqdwore sholl be sloinles
ste€|. All exterlor hcrdwcre shdl be
tornpel resistont.
INSTA]IANON
Itte lumlnolre sholl mount on o 3' O.D.
x 3" fenon wilh slx 114f dlc. socket set
screw$ Ihe botost ond socket osembly
sholl be furnbhed with o quick dlsconnect
dug ond mount on o lemovobl€ bollost
Dlote.
fliltsH
For finbh specincofiors ond color oplions
see 'Ft'rhh' s€ction iri catolog.
UGHTSOURCE
Lumincires shdl be fumbhed wlth on H.l.D.
bollost artd sockel ossembV. Lurnlnolre
shcil b€ UL listed ond lobeled os suftoble
for wet locotiors. Srckets sholl be glcEed
porceloln m€dlum bose, wifh o copper
olloy nickel ploted screw shell ond center
contoct. Bollosl strcdl be core ond colL
hlgh power focfor, r€guloting typ€,
CERNF|CAIION
Upon r6quest, mortJfocfurej sholl cernfy
the use of 356,1 Ingof olloy. Upon requesi,
morufocfurer sholl srrpply UL flle# ond
listing Informstlon.
ANTIQUEStreet Lamps
2Ol l8W. tdrft€.O ln.nrsh TrZe75S
Ph (512) 97€a4a. For (5t4Cnq6n
TR25 Luminaires
IRz5 IR23 GC Iru$R5
Cost Aunfr, rn Fnbl---_-->-
CostAmtrrn, 12,5'Sq-
Remowbb. Gosketeo
hrcgl'h l,teditn
Bosg Socket
Fot' LerB PorEb
Cost Arni1rn
Squo.e Lsr6 Rom€
Cosf Amill'n
Lrmltoto Bos€ ord
BobstHorBhO
(6) I /4" Sock€t Soi Screwr
OollcrElDecoIolV€
tfoslrd Gbss Clfnray wlh
CDtiomlR6firoclor
Cosf Alnturn Qemovobb SqtEta Bolost Plcrfe
H.l.D. Bolosl Conponenb
(Foclory ft€wteo
optbrd ftDto Electb C€l &ricn Typ€ (Ptl)
auck Dbcornoct PL€
Opbnol Low
&iltrnes6
Rsfsctor ([*5)
3'O.D.Postlenon---------------- i
I
_lg.osg-*l
ORDERING INFORMATION
Ct|odo tho bd&a cotdog noryEndqirag lhot b€d $iits yo.n nes<16 cnd \^rfi6 li on l|E oppreddg lr|o.
00H
7sHlmH
SOll7(llrl(xlrl
35tt
5G;
7G;
r{xts4Zm
1El5
H-t-D.
i,ED
i,lED
IIED
fiED
I|ED
llEDIltD
l,ED
IUED
MED
Exomple: TR25 75H MED ACI GRs lm ANI|( PEll
tuItt & so<*et
Cowon,erqryl@o.
75 wqlt iJbrcury lrqro.
lm r.rott M6rc|1y Vcpor
S) $,/dt i,bld Flddo
7! r,,oit i/bld l-ba.b
ld'l,ott Motd Hd(b
36ld HOh Fr6.i.6 So.t-rn
d)v df Hgh hnr&drn
ll) u,(ri tloh tulrB Scdrfi
f@rNlcJllqoh B€s-F Sodrn
42 rr.Cft cqnpocll fuoa€sc€art
GRS GlcEs Ref.qcfo{' Type v
GR3 Gl6 Renocb. TyrF tl
1lR5 tou, &bhr. Hl- Iypo V
ACI Acrylb. Cloo.I tus! O('rlcr:t
rcJ P.ayc.rbonqlg, Cleo. Iel(tr€d
APM Adyt, ftls{nolb
PPM Pdvcqbordc, Btsrndb
ACS Acrt, clc69noo?t
PCS Poq/corbondt6, cb<r gnodtl
LORi lzo N-DE- CIANB
f Drdill6uflon -
I tvb.bsE: f--Entb --l @
@qrh llpe V | 20 ANll( eock GC Decotdlivs closs or .nn6v
ffi ffiffi3F nif ffiHrbv'on,aov
?lz fitH ffirffi PEl2 Prdcsirctb cdtbltncrtd.2toz7r
947^, -drh ij;;-";C sF *€brus!'o
# -ci Sg1,* DF Doube klshs
a'rolEs.
L ,At t @ P('to!' (lnM.2427ru) 6rd @. Ft' wdtcgas .'dol
706, Tdvl ot l&l cctll€t ^ltor
ovo/,(f,,tilv
2, Fq fttfi dn co,'r qnoE 9e Ftu158c,tlo,1h cddq.
ANTIOLIE Street Lamps
2oD{ ra( AfiDqt h'A.a||l u t',iacFl
L44
*l
orhfitd,bn
3' O.D. x 3' lCgh
Terlon (lyplco0
C Series
Crossarms & WalI Bracket
SPECIFICATIONS
col'tsrRjcrloN
The crossorms ond woll brockets
sholl be one-piece construclion.
For wcll brockets, the orm sholl be
welded to o flot woll plote.
All wcldlng sholl be per ANSI/AWS
D] ,2-9O. All welders sholl be
cerlified per ANSUAWS D] .2-90
Seclion 5.
MAIERIAts
The orm ossemblles sholl be
heovy-woll, copper f ree, cost
oluminum produced f rom certi-
tied ASTM 356. 1 ingol per ASIM
B-l79-950 or ASTM 92&95. The
center luminoire extension plece
ond woll brockel mounfing plole
sholl be olumlnum, ASTM 6061
olloy, heol treoled to o T6
temper. All hordwore sholl be
stolnless steel. All exterlor hord-
wore sholl be lomper reslstont.
IMiTAITATION
The crossorms sholl slip-fit o 3" O.D.
x 3' posl lop lenon ond oltoch
wfih sockel sel screws. There sholl
be o removoble lop plote. The
woll brocket sholl hove four 9i I 6'
dio. holes for mounting io the
woll. (Brockef rnounting hord-
wore furnished by others.) Bolh
cross-orms ond woll brockel sholl
hove 3" O.D. tenons for luminoire
mounling.
ORDERING INFORMATION
Crc lhe Ed.pe cdofcg rErneocfctu€ tfbl be5?
si6 va\r ioeds ond *4lle lt an thg opi'oprcte lr€.
Exomple: CCA3O/ZI ANIK
r*ii{l+t{tEloYo--
: OlnerElr/s
fot a, C s€tbs).
24'---------1
_T
IccA30
(lwo ot lW)
Vodes vtllh
ccA30/zr
(two ot | 80 Vorp ot cettut )
ccA24
(tuo ol | 8)
ccA24tn
(lwo ot lM VotB otcen'6.r)
AfitpB_
I--F'nll.r-_-'
?H I
otbnl<tb1
CCA\{B ono
CGA3{I two
CCA24 two
CCA30/ZI tnteeCCM4ltI tnoo
CCA!O/4 ro'rCCAx'ill totx
CCAS0/{I tLve
CCA2il/rSI lw
, otlun|)cbdl€q,c<l
AN BK
AIIDBAIre
ANVG
ANPP
CMcs
Bbcf
Dotk Bronze
Dolk Gree l
vefdo Gree,l
Ptrrlg Rirtsd
O.dom L4crch
OdccnSgbctfaAtcG
,JOlEi l. 60r tlttr s€cttcdlo.ro qd c&. 6a.ElpeFlsl''€,ctlc'l'|cffi.
ccA30//'I(lov ot tr dors ot center )
f.Ul"' V,
ohrrrotbfi
3r---,--,,--------*|
20l lt W PundlE Q Ln .A-tn, 7 78ri8.Pl' (512) 9t;€44,i(fott atw cante( )
{{3r --'&
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All fionts feature standard safery mesh.
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5
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Black, Bronze & Pewter
FinishesI
B lack
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Bronze Polished Brass
P
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COPV
Qttry
Department of Community Deretopmcnt
75 South Frontage Road
Vail, Cohrado 81657
970-479-2138
FAX 970-479-2452
wwuaailgou.com
February 13,2007
Re: Willows Employee Housing
Steve Virostek, Triumph Development
C/O Reed Weily
143 East Meadow Driv€, St 400
Vail. Colorado
Dear Steve,
Pursuant to Ordinance No. 30, Series of 2006 (the "Q!d!!4$9"), the Town of Vail (the
"Town") required the Willows Condominium Association and Triumph Development,
I.t C l"otteciively, "Willows"), to provide deed restricted ernployee housing for a total of
eleven (11) empioyees. In partial satisfaction of such employee housing obligations,
Willows has placed a Type IV deed restriction on a three (3) bedroom condominium unit
located at2lll North Frontage Road, Unit A-15, Vail, Colorado 81657 (the "Unit").
The purpose of this letter is to confirm that, by deed restricting the Unit, Willows has
provided the Town with employee housing for four (4) employees in accordance with the
brdinance and that said Unii complies with the Town of Vail ZoningRegulations for the
purposes of the Ordinance. When Willows provides the Town with deed restricted
i-ptoy". housing for seven additional employees, Willows shall be deerned to have
fulfilled its offsite employee housing obligations under the Ordinance'
Very truly yours,
i*t-?*-l,'n
George Ruther, AICP
Chief of Planning
Town of Vail
{S ron"tto r o*
TYPE IV EMPLOYEE HOUSING-UNIT
WHEREAS,
certain property legally described as:
commonlY known as:
WHEREAS,theownerw|shegtop|ac€certajnrestrictionsonlhegseof.lunit|ocatedonthe
Prop€rty for the oenenr ot ille=6wn'e;;t6i;; of Vail' colorado ('tho Town'')
NoW,THEREFoRE,th€ownerdoesherebyimpose,estab||sh,acknoa/edge,anddec|ar€fortho
beneflt of a1 persons *no t]ynitiin"ttitiiuitn.t", oiiS.tq'Jnob the sublect land the fo1owlng
restrictions, cov€nants, ""J;ffijil;;; "ri
5r *ni"n inaffi ;;;"rrJ!91*"1-tf tand and inure to the
beneflt and be bonding ,p"" t-h;o*l;r, its respealve grantees' succ€ssors' and assigns'
1. rhe Emproyee Horsine unit (EHU),.conl?1flItdt#jt'i,1F,l?'lii*fi"t?#il'f+"#'"
Type lV'EhiU which must comply with
Code of Vail as am€nded'
2.TheType|VEHUsha||notbesubdividedordividedintoanyformoftimeshares,interval
ownership, or fractional fee'
3. The Type lV EHU shall be occupied by a full'time gmpfgVee!'s)f4o works in Eagle Gounty'
The Type tV EHU shan not be teased ir; a.oeffi b;i th,an.tlft.{{30.) consecutive davs' For
,n" prrpo.""-Jittit JJtgi"pn' a tutriime implovee is 9P-y,lro)Prks an averase or a
minimum of thirty (30) hours each *""[ on "
yeai' rounO basis' .The Type lV EHU shall be.
continuously occupied and snal not remii'n vicant for a period to exceed five (5) consecuuve
months'
Occupancy of the Type lV EHU shall be limited to a maximum of two persons per bedroom'
The Trce lV EHU shall have its own entrance' T.h"tP shall be no interior access from the
i'iiJ 6-*y d'*lling unit to which it may be attached'
The Type lV EHU must contain a kitchen or kitchenetto and a bathroom'
The Type lV EHU may be sold, transfened' or corly,gvqd separately from other dwelllng units
or EHUs rhat may u" ro""t"i'in ii" Jtit":rbt oi *itniir the s'ame building, if one of the
following conditions ar€t met:
a.|tmustb€uti|izedaccordingtothecriteriasetforthinparagraphs2and3ofthis
documenl, or
b. Thirty (30) davs prior to the transfer of deed for the Type lV EHU' the prospeclive
purchaser shai 5uffiit ;; tppiit"u- obtained from the community
Development ffiffi;i'l6ine communiw Development DePartment
documenungthattheprospectivepurchaseimeetsthecriteriasetforthherein
andshat|inc|udeanaffidavitaffirmingttratheorsheunderstandsandin|endsto
meet th€s€ criteria'
8. No later than February 15 of each year, the owner of the Type lV EHU shall submit a sworn
affidavit on a form d'6"'J#ii'Jir"r ihe community Development.Department, to the
community De""'oiniJniif,oJiiiJ"i Jittirg i"rth euio"nco
"'saolishing
that the emplovee
housingunithasbeenrentedororrneroccupiedthroughouttheyear,th€renta|rate'the
employer, and that il" o"irpr.t *no ieslOei winin tniemptoyeb housing unit is a full-time
employee in Eagle CountY'
4.
5.
6.
7.
is/are the owner(s) ('the Owne/) of
and
Type fV Revised J anuary 10,20OT of3
Page 1
L The Tvpe lV EHU shall be operated and maintained.,f,.**td"n* with Chapter 13' Title 12
of the Town code of Vair. i5irrii t" o" * may resutt riiit"i""t""t proceedings in a court
of competenr jurtsdicrion "niii """til"-.ie
*iin cnapt"ii,iitr" ii "i
ttte Town code of
Vail.
Theconditions,restrictions,stipulations,andagreementscontainedhereinshallnotbe
waived, abandoned, t"'tinliitloi i-ttjno"i "it"pt
uviire writt€n consent of both the Town
ofVaff inO the Omer of the Property'
Whenever possible, each provision of this A-greement and any other related docu-ment shall
be interpreted in such a #;;;6 il;!"H ,no"r "ppii.liibllw
u.u1 q anvprovlslon of
anv of the foregoing sha[ # tffi;;"d t"1'011"0 "iJ;;;id ;pttiaute ta"'r' sucn provisions
snin be inefiective to ttre eieni J suctr invaliOity ot ptoniOition *ithout invalidating lhe
iit"rning provlslons of such docum€nts'
lfanvoftheterms,covenantg,conditiong're8trictions,uses.l|mitat|ons,ob|igatiorcor
options craat€d bv this AsrJ;;nli'riiii;q" y1g"tgor vou ?or viotatlon of: (a) the rule
aoalnst p€rpetuities o"oti-"n-"fogi's statutory, p.ro1'r"ro;t' iol the rule r€stricting restraint on
al-lenation, or (c) anv otn"' Jtatuto'ioI cPqfol l?y-:11"i'im'p6sinS
like or similar-tlme limits'
then such provision
"n"rr
tiniiiu" i'nrv io1qr9 p-eriod ;f;;'iG; oifie current €lsct€d and
seated Town council "f
tdil;;;i Vai[ vaii'cororaib'' iieii noil tprng descendents' if anv'
lJ trt]t t"tl"or of them, plus twentrone (21 ) years'
10.
'11.
12.
By:
STATE OF COLORADO
COUNTYOF EAGLE IL
The foregoing instrument was acknowledged before me tnisl I dav ot 2o--0_J
uy 5{^^ Z.t'.' ler , Town Manager'
NotaryPublic:
My commlssion expires:
VAIL, a Colorado municipal corporation
Type lV Revf sed J anuary 10,2Co1 of3
Page 2
A-t5
By: 'lPropsrty Own€r
STATE OF [t,lo.
couNrYoF ta gl. I $
The foregoing inEtrument utas acknodedged before me thb l0
'day
of ntJ
Noiary Public:
Mycommisslon 6xpir€s:f,r*rlP;f +r'' '..,o'i
; r(AftrLEEN Io.i HUGHES i'oF*" .':€rfl;;a,$
Type lV Revbod January 10, 2007
ot3
Peg6 3
o
Design Review Boa
ACTION FORM
rd
COl|itJf rll-r G !ELOF\IEf r'r
Department of Community Development
75 South Frontbge Road, Vail, Colorado 81657
tef : 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Proiect Name: THE WILLOWS NEW CONSTRUSnON
Prcject Description:
DRB Number: DR8070053
Action: APPROVED
Dat€ of Approvalt O4l IUZOO7
Pafticipants:
OWNER
74 WILLOW RD
VAIL
co 81557. APPLICANT TRIUMPH DEVELOPMENI LLC 021L612007 Phone:301-657-1112
8120 WOODMONTAVE
sTE 800
BETHESDA
MD 20814
Project Address: 74 WILLOW RD VAIL Location: THE WILLOWS CONDOS
Legal Description: Lot: 8 Block 6 Subdivision: WILLOWS (THE)
Parcel Number: 2101-082-1900-2
Comments: See Conditions in the file
BOARD/STAFF ACTION
FINAL APPROVAL FOR NEW CONSTRUCTTON OF THE WILLOWS REDEVELOPMENT
wrllows coNDoMrNruM Assoc 02/16/2007
Motion By:
Second By:
Vote:
Conditions:
Dantas
Dunning
5-0
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,
@nd:202
Approval of this p@ect 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 2005 shall be subject to the pending employee housing
' ^ 4'
regulations ,th"r"*, form they are finally adopted, orlt*, houerer, that if
the Town fails to adopt the pending employee housiltg regulations by April 15,2W7,
this Ordinance shall not apply to such development applications.
Planner: George Ruther DRB Fee Paid: $650.00
New constructn
Application for Design Review
Department of Community Development
75 South FronLage Road, Vail, Colorado 81657
tel: 970.479.2128 fax: 970.479,2452
web: www.vailgov.com
General Informatlon:
All poects requlring design review must receive approva/ prior to submitting a building permit application, please
refer to.the submittal requircments for tfte partlcular approval tlnt is requested. Rn application ior Design Revior,r
cannot be accepted until all required informauon is received by the Communlty Development Department. Theproject may also need to be revlewed by the Town council and/or the Planning and Envlronmental Commission.
Deslgn rcvlew approval lapse unlese a building permlt is issuod and constructlon commences withln
one year of tlre approval.
Descrlption of the Request:Final Revlew of The Willows
Locatlon of the Proposah Lot: s .. Block:__e_ subdivision: Vail Villaee lst ._
Physical Addrecst 74 t'/illow Road
ParcelNo.t -'totoeZtqOOl (ContactEagleCo.Assessorat9T0-32g-g640forparcelno,)
Zoning:
Name(s) of Owner(s):The Willows Condominium Association, Inc.
74 lJillow Road Vail, CO 81657Mailing Addressl
Phone:
Owner{s) Slgnature(s): scc eLranhprt .l errar .
Name of Applicant:
Maillng Addressl 8120 Woodmont Avenue Suite 800
Bethesda, f2-
E-mailAddress: steveGtr.iumphdev.com, Fax:
Type of Review and Fee:tr Signs
tr Conceptual Revlew
p. ruew Consmctiontr Addiuon
F Minor Alteration
(mu ltl-fam ily/commercial)
tr N4inorAlteration
(sin gle.family/du plex)
tr Changes to Approved plans
tr Separation Request
For Offce jrse9ory:
FeePaid: QJe ctrect lvo,: /55^f sv:
30r -657 -5948
$50 il$ $1.00 per square fmt of total sign area.
No Fee
$650 For construction of a new bullding or demo/rebuild.
$300 For an addition where square footage ls added to any resldenual or
commercial bullding (includes 250 addlflons & interior conversions).$250 For minor changes to buildings and site improvements, such as,
re-roofrn9, painting, window additions, landscaping, fences and
retaining walls, etc.$20 For minor changes to buildings and site jmprovements, such as,
re.roofing, painting, window additions, landscaping, fences and
retaining walls, etc.$20 For revtsions to plans ah.eady approved by pfanning Staff or the
Deslgn Review Board.
No Fee
Meansovlat --2, ,-71- 07
^DRB No,:
Pfanne^ L L
Bo? 60 s3
**:f*i*'i{t********'f***********++**********'}*****t******+ft***++++t+ll+at*+***tt*f***+*+*****f+
TOWNOFVAIL, COLORADO Statement
Statement Nunber: R0?0000180 Amount: $550.00 02/L6/200?10:01 AM
Palment Method: Check Init: iIS
Notation: 1sss/PYLlvtAN
A}iTD ASSOCIATES
Permit No: DRB070053 TIG)e: DRB - New Construction
Parcel No: 2101-082-1900-2
Sitse Address: ?4 WrIJ,oW RD \rAIL
I-.ocation: THE WIL,IJOWS CONDOS
Total Fees: $550 . 00
This Payment: $650.00 Tota1 ALIr Pmts: $650.00BaIaIce: S0.00*+*++**a**+*************'****'t*****************lf******+ll$+***+**++****+**+************t*+**
ACCOTJNT ITEM LIST:
Accou.nt Code Deacription Current Pmts
DR OO1OOOO3LL22OO DESIGN REVIE!{ FEES 6s0.00
Survey/Site Plan Review Checklist
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2L28 taxi 970.479.2452
web: www.vailgov.com
*This checklist must be submitted prior to Public Works review of a proposed development
Owners/Project Name:ftV ,J,*.-;.,
Project Address:?.t w,r\r..^- L..J
-a' Landscape plan
p' Title Report (Section B)
,Surveyor's wet stamp and signature'- Date of survey
Proper scale (1"=10'or 1"=20')
Legal description
Basis of bearings / Benchmark
Spot Elevations
Labeled right of way and property lines;
including bearings, distances and curve
Topography
Utility locations
Adjacent roadways labeled and edge of
asphalt for both sides of the roadway shown
for a minimum of 250' in either direction
from property.
nppticant: -ftt.-,i,^?t\ {L-:lr:r-"V,rrc-r'>-i- Phone Number k'l - G51 - ll l-}-'
Submittal
l- Stamped survey of property
a- civilTsfte plans
Survev Reouirements:
Environmental Hazards (ie. rockfall, debris
flow, avalanche, wetlands, floodplain, soils)
orth arrow Watercourse setbacks (if applicable)
Trees
Labeled easements (i.e. drainage, utility,
n, etc... )
information.
t Size
Build able Area (excludes red hazard
avalanche, slopes greater than 40olo, and
floodplain)
Site Plan Resuirements:
I. Access (check all)
EI Driveway type and finishedo Unheated
surface are shown on the site plan.
ct. Snow storage areas are shown on the site plan within
Heated (poftion in ROW in a separate zone)
property boundaries (30olo of driveway area if
unheated; 10% of driveway area if heated)
o/"All driveway grades, dimensionsf radii are clearly noted on the site plan and conform to Development
. Standards, p. 11. Steepest Section Driveway Grade (not the average grade):-
6- Parking spaces and turning radii are noted on site plan and conform to Development Standards,
pp,12&14
II. Construction Site (check all)
rr- Location of all utilities and meter Dits are shown on the site plan.
f Limits of disturbance construction fencing is shown on the site plan,
Er' I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of
Uniform Traffic Control Devices, will be necessary prior to construction.s I am aware that a Revocable Right of Way Permit will be required prior to construction.
F:\cdev\FoRMs\Permits\Planning\DRB\drb_new_construction_1-25-2007.doc Page 12 of 14 tL/23/200s
NEW CONSTRUCTION
SUBMITTAL REQUIREMENTS
General Information:
The review process for new construction normally requires two separate meetings of the Design Review
Board: a conceptual review and a final review. Applicants should plan on presenting their development
proposal at a minimum of two meetings before obtaining final approval.
I. SUBMITTAL REOUIREMENTS**
z- All pages of Application is completey' Checklist is completed and signed
a-- Stamped Topographic Survey*d Site and Gradinq Plan*
a'-Landscape Plan;
a- Architectural Elevations*4 Exterior color and material samples and specifications.s' Architectural Floor Plans*
a---Lighting Plan* and Cut-sheet(s) for proposed fixtures
E"' Title report, including Schedules A & B to veriff ownership and easements*
ef" Photos of the existing site and adjacent structures, where applicable..d Written approval from a condominium association, landlord, and joint owner, if applicable
a- Site-specific Geological Hazard Report, if applicable*q'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.
Please submit three (3) copies of the materials noted with an osterisk (*).
**For interior conversions with no exterior chanoes, the submittal requirements include a complete set of
existing and proposed floor plans, a title report, and written approval from a condominium association,
landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:tJ,u--'
Contractor Signature
Date
F:\cdev\FORMS\Permits\Planning\DRB\drb_new_mnstruction_1-25-2007.doc Page 3 of 14 7Ll23l2O0s
Iil. Drainage (check all that apply)B The required Valley Pan is shown on the site plan as per Development Standards, p. 12.
F (Note: Valley pan must not be heated)D 4 Foot Concrete Pan o 8 Foot Concrete Pan
^o- Positive and adequate drainage is maintained at all times within the proposed site.
.'o- Culverts have been provided and are labeled and dimensioned on the site plan.
d A Hydraulic report has been provided. (As requested by Town Engineer)
ry, Erosion Control (Check all that apply)g_W Disturbance area is greater than one half acre.
,d - Aseparate Erosion Control Plan has been professionally engineered and PE stamped.-i Less than one half acre has been disturbed, and proper erosion control devices are shown on the site
pran.
V. Floodplain (check all that apply)o The project lies within or adjacent to a 100 year Floodplain.o 100 year Floodplain is shown on the site plan.
o A Floodplain study has been provided, (Required if floodplain is within construction limits or as
requested by Town Engineer)
-.q/tne project does not lie within or adjacent to a 100 year Floodplain
VI. Geological/Environmental Hazards (check all that apply)o The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)o A Hazard Report has been provided
.gttne project does not lie within a Geologic/Environmental Hazard area.
VII-. Grading (check all that apply),z' Existing and proposed grades/contours are provided on the site plan,
s' All disturbed areas have been returned to a 2:1 grade.
.z- All disturbed areas not returned to 2: I grade have been Professionally Engineered with slope
protection and/or stable soils. PE stamped details are provided within plans.
o Only existing contours are shown on the site plan, there is no proposed grading.
VIII. Parking (check all)
.a All residential and commercial parking spaces conform to the Development Standards, pp. 12&15.
IX. Retaining Walls (check all that apply)
E- All retaining walls conform to the standards in the Development Standards, p. 19.
-a- All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE
stamped detail has been provided within the plans.
-zl All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type
of wall construction.o No retaining walls are required for this project,
X._ Sight Distance (check all that apply)
-d Proper sightdistance has beenattained and shown on site plan as per DevelopmentStandards,p,I2.o Proper sight distance has not been attained. Explanation why:_
Additional Comments
Please provide any additional comments that pertain to Public Works Review.
Applicants Signature
F:\cdev\FoRMs\Permits\Planning\DRB\drb_new_construction_1-25-2007.doc Page 13 of 14 lU23l200s
WILLOWS DEVELOPMENT AGREEMENT
THIS WILLOWS DEVELOPMENT AGREEMENT (this "Agreement") is made
effective as of the day of 2007, by and between the TOWN OF VAIL, a
municipal corporation duly organized and existing under and by virtue of the laws of the State of
Colorado (the "Townl), and Triumph Development, LLC, a Maryland limited liability company
("Triumph"). The Town and Triumph are collectively refened to herein as the "parties".
RECITALS:
A. Triumph intends to redevelop certain real property in the Town of Vail, commonly known
as The Willows, which is located in Special Development District No. 40, legally
described on EXhlbj!_A attached hereto and incorporated herein by reference (the
"Property").
B. The Town, through its appropriate boards and reviewing agencies, including its Town
Council,-and Planning and Environmental Commission, and Desien Review Board.-has
approved redevelopment plans for The Willows that consist of the "Approved
Development Plan set" described and defined in the Town of Vail Ordinance No. 30,
Series 2006 (the "Willows Approvals") to allow for the redevelopment of the Property (the
"Willows Redevelopment").
ef reviewing final plans fer the Willews Redevelepment' and upen approval shall beeeme
C. Pursuant to the Willows Approvals and to further mitigate the impact of the Willows
Redevelopment, Triumph has agreed to provide certain public benefits and
improvements (the "Public Benefits") as set out in the Willows Approvals and as further
provided in the Town of Vail Ordinance No. 30, Series 2006, and as more specifically
described and defined herein.
NOW, THERFORE, in consideration of the above premises and the mutual covenants and
agreements set forth herein the parties agree as follows:
1. Responsibilities Of The Parties Reqardino Public Benefits Reouired by Triumph As Part of
The Willows Redevelooment. The parties hereby agree that if Triumph moves forward with
construction of the Willows Redevelopment, Triumph shall be responsible for providing the
following Public Benefits subject to the terms below:
(a) Slreetscape lmprovements Along Willow Road: Triumph shall be responsible for
constructing the streetscape improvements along Willow Road set forth in the
Willows Approvals, including an eight foot (8') wide paver sidewalk for
pedestrians and a twelve foot (12') wide right-of-way lane (collectively, the
"Willow Road Streetscape lmprovements"). The Willow Road Streetscape
lmprovements shall be subject to the bonding requirements detailed in
Paragraph 2 below. Triumph hereby agrees that it shall be responsible for all
legal requirements and costs associated with construction of the Willow Road
Streetscape lmprovements.
(Ut SrAelvatlr lton-o Yai Road
friumpn snatl Oe res le for constructing
fne Wittows anO a oe
Triumph\Willows Dev€lopment Agreernentv3RED (2-22-07).doc
deoicted on the lates
IrnBrovementslllhe Vait noaO SiOewatf
me OonOino reouireq
agrees that it shall
witn construction
(3jld-Public Arf. Triumph will provide public art at a cost of not less than $70,000,
which design and location shall be determined by Triumph and reviewed for
comment by the Town of Vail Art in Public Places Board. This improvement will
not be subject to the bonding requirements of Paragraph 2 below.
(dldl-Employee Housing: Triumph shall provide or otherwise secure and deliver to
the Town:
i. one (1) Type lll Employee Housing Unit onsite that complies with
the Town of Vail Employee Housing requirements (Chapter 12-13
of the Zoning Regulations, Town of Vail Code), and is allocated for
sole use by The Willows Condominium Association for employee
housing. This employee housing unit shall be provided as
indicated In the Willows Approvals. Upon completion of this
employee housing unit, Triumph shall execute and record a deed
restriction, in a form approved by the Town of Vail Community
Development Department, to permanently restrict this unit as an
employee housing unit. This employee housing unit must be
substantially completed (meaning a temporary certificate of
occupancy has been issued for it) prior to the issuance of a
certificate of occupancy for any new unit developed as part of the
Willows Redevelopment; and
ii. deed restricted employee housing for a total of eleven (11)
employees, as further defined in Section 12-2-2 ot the Vail Town
Code. Said housing shall be provided in Type I, Type lll, or Type
lV Employee Housing Units, or any combinalion thereof, and shall
be located within the Town of Vail. Notwithstanding the minimum
gross residential floor area (lGRFAl) requirements for employee
housing units prescribed in Chapter 12-13 of the Zoning
Regulations, Town of Vail Code, Triumph shall provide or
otherwise secure and deliver to the Town deed restricted
employee housing that conforms to the following floor area and
occupancv req"il:#:in'
emptoyee housing unit ("EHU") shatl
contain at least 550 square feet of GRFA and shall
accommodate no more than two (2) employees;
a two bedroom EHU shall contain at least 850 square feet
of GRFA and shall accommodate no more than three (3)
employees; and
a three bedroom EHU shall contain at least 1,350 square
feet of GRFA and shall accommodate no more than four
(4) employees.
tlotwmstanOino tne
Triumph\Willows Dev€lopment Agreementv3RED (2-22-07).doc
the contrarv, the Town
an EHU of a slightlv
anO tnree neOroom eHU
zaning administrator d
the EHU at issue is a
fne zoning adminis
Aqrcenenl._This employee housing requirements set forth herein will not be
subject to the bonding requirements of Paragraph 2 below.
@ld-Public Safety Radio Communications; Triumph shall install a public safety
radio communications system within the subterranean parking structure that
meets the specifications of the Town of Vail Communications Center. The
specifications and details of this system shall be depicted on the building permit
set of plans submitted to Town staff for review and approval. This improvement
will not be subject to the bonding requirements of Paragraph 2 below.
2. Bondinq For Willow Road Streetscaoe lmorovements. The parties hereby acknowledge
and agree that prior to issuance of ary certificate of occupancy for any new dulellng-unit
developed as part of the Willows Redevelopment, a bond or lefter of credit must be posted for
125Yo of the total estimated amount of the Willow Road Streetscape lmprovements that have
not already been completed when such certificate of occupancy is requested. The tetal
estimated eest fer suehWillew Read Streetseape lmprevements is $267;932'50,
3. References To The Willows Aoorovals. Any and all references to the Willows Approvals,
as set forth herein, shall mean references to those plans approved by the Town of Vail for
construction of the Willows Redevelopment project and as further provided in Town of Vail
Ordinance No. 30, Series 2006, and-Whie h may only-be modified ent*as appreve+by the Townthroughthe..itrbui|dingpermitprocessor@.|faconflict
arises between any construction plans previously submitted and those approved as part of the
building permit for this project, the parties agree that the latest_approvedbuilding permit plans
shall control.
4. Certificate Of Comoliance. lt is agreed that upon completion of any of the Public Benefits
contemplated by this Agreement and upon the expiration of the applicable warran$ period
defined herein, the Town shall, upon the request of Triumph, execute a certificate stating that all
improvements have been constructed in compliance with this Agreement. Said certificate shall
not be unreasonably withheld if Triumph has completed the Public Benefit in a good and
workmanlike manner, and consistent with the Willows Approvals and any other plans approved
by the Town.
5. Wanantv. Triumph shall warrant the Willow Road Streetscape lmprovements for which it
is responsible under the Willows Approvals for a period of two (2) years from the date of
completion and acceptance by the Town. Specifically, Triumph shall warrant that the Willow
Road Streetscape lmprovements that are conveyed or otherwise dedicated to the Town of Vail
shall be free from any defects in materials and workmanship, and free from any security
interest, monetary lien or other encumbrance.
6. LiabiliV of Successors. The provisions hereof touch, concern and run with the ownership
of the Property.
Triumph\Willows Developm€nt Agrcementv3RED (2-22-07).doc
7. Notices: Business Davs. Any notice required or permitted under the terms of this
Agreement shall be in writing, may be given by the parties hereto or such parties' respective
legal counsel, and shall be deemed given and received (i) when hand delivered to the intended
recipient, by whatever means; (ii) three (3) business days after the same is deposited in the
United States mail, with adequate postage prepaid, and sent by registered or certified mail, with
return receipt requested; (iii) one (1) business day after the same is deposited with an overnight
courier service of national or international reputation having a delivery area encompassing the
address of the intended recipient, with the delivery charges prepaid; or (iv) when received via
facsimile on the intended recipienl's facsimile facilities accessed by the applicable telephone
number set forth below (provided such facsimile delivery and receipt is confirmed on the
facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be
delivered or mailed, as the case may be, to the appropriate address set forth below:
lf to Triumph:
Triumph Development, LLC
8120 Woodmont Avenue. Suite 800
Bethesda, Maryland 20814
Attention: Steven J. Virostek, Principal
Telephone: (301 ) 657-1 1 12
Facsimile: (301 ) 657-5%8
with a copy to:
Wear, Travers & Perkins, P.G.
1000 South Frontage Road West, Suite 200
Vail, Colorado 81657
Aftention: Gregory W. Perkins, Esq.
Telephone: (970) 476-7e6
Facsimile: (97 0) 47 6-7 1 1 8
lf to the Town of Vail:
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Attention: Town Manager
Facsimile: (9701 479-2157
with a copy to:
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Attention: Town Aftomey
Facsimile: (97 0) 47 9-21 57
Each party may change its addresses and/or fax numbers for notices pursuant to a written
notice which is given in accordance with the terms hereof. As used herein, the term "business
day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail
Triumph\WillowsDevelopmentAgrcerpntv3RED(2-22-07).doc 4
service is not provided. Whenever any date or the expiration of any period specified under this
Agreement falls on a day other than a business day, then such date or period shall be deemed
extended to the next succeeding business day thereafter.
8. Conditions To Triumoh's Oblioations. Notwithstanding any contrary provision herein or in
the Willows Approvals:
a) The Town acknowledges that Triumph does not currently hold any property
interest in The Willows, and Triumph's obligations under this Agreement are expressly
contingent upon the acquisition by Triumph (or its permitted assigns under Section 8(b) of
this Agreement) from The Willows Condominium Association, a Colorado non-profit
corporation (the "Willows Association") of the development rights necessary for Triumph to
satisfy its obligations hereunder. lf for any reason Triumph does not acquire such
development rights and so notifies in writing the Town prior to the issuance of a building
permit and commencement of construction of the Willows Redevelopment, the parties
hereto agree that all obligations of Triumph and the Willows Association arising under this
Agreement and/or the related Willows Approvals shall terminate and be of no further force
or effect, and neither Triumph nor the Willows Association shall have any further
obligations whatsoever hereunder or under the Willows Approvals.
(b) Triumph may assign its rights and obligations under this Agreement to an entity
or entities formed for the purpose of developing the Willows Redevelopment, which is
managed by an affiliate of Triumph and comprised of affiliates of Triumph and other
investment members. Upon such assignment, the assignee shall be substituted in all
respects instead of, and to the exclusion of, Triumph under this Agreement, and Triumph
shall be released of any further obligations hereunder.
9. Severability. In the event any provision of this Agreement is held to be illegal, invalid or
unenforceable under any present or future laws, the legality, validity and enforceability of the
remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected
provision there shall be deemed added to this Agreement a substitute provision that is legal,
valid and enforceable and that is as similar as possible in content to the affected provision. lt is
generally intended by the parties that this Agreement and its separate provisions be enforceable
to the fullest extent permitted by law.
10. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as
being attached hereto are deemed incorporated herein by this reference and made a part
hereof.
'11. Entire Agreement. This Agreement and the other contracts or agreements specifically
referred to herein represent the entire agreement between the parties hereto with respect to the
subject mafter hereof, and all prior or extrinsic agreements, understandings or negotialions shall
be deemed merged herein.
12. Rules of Construction. The headings which appear in this Agreement are for purposes of
convenience and reference and are not in any sense to be construed as modifying the
paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair
opportunity to review, make comment upon, and negotiate the terms and provisions of this
Agreement, and if there arise any ambiguities in the provisions hereof or any other
circumstances which necessitate judicial interpretation of such provisions, the parties mutually
agree that the provisions shall not be construed against the drafting party, and waive any rule of
Triumph\Willows Development Agreementv3RED (2-22-07).doc
law which would othenrrrise require interpretation or mnstruction against the interests of the
drafting party. References herein to the singular shall include the plural, and to the plural shall
include the singular, and any reference to any one gender shall be deemed to include and be
applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of
reference only and are not intended in any way to define, limit or prescribe the scope or intent of
this Agreement.
13. Effective Date. The effective date of this Agreement shall be the date upon which this
Agreement has been executed and delivered by Triumph and so executed by the Town
Manager.
'14. Waivers and Amendments. No provision of this Agreement may be waived to any extent
unless and except to the extent the waiver is specifically set forth in a written instrument
executed by the party to be bound thereby. No modification or amendment to this Agreement
shall have any force or effect unless embodied in an amendatory or other agreement executed
by all parties hereto.
15. Governino Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado, and Eagle County, Colorado shall be the
venue for any dispute arising under this Agreement.
16. Additional Assurances. The parties agree to reasonably cooperate to execute any
additional documents and to take any additional action as may be reasonably necessary to
carry out the purposes of this Agreement.
17. No Third Party Beneficiary. No third party is intended to or shall be a beneficiary of this
Agreement, nor shall any such third party have any rights to enforce this Agreement in any
respect.
18. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original, and which together shall constitute one and the same agreement.
19. Recording. This Agreement shall be recorded in the real property records for Eagle
County, Colorado.
20. No Joint Venture or Partnershio. No form of joint venture or partnership exists between
the parties hereto, and nothing contained in this Agreement shall be construed as making the
parties to this Agreement joint venturers or partners.
21. Aftorneys' Fees. In the event any legal proceeding arises out of the subject matter of this
Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover
from the other all of the prevailing party's costs and expenses incurred in connection therewith,
including without limitation reasonable attorneys' fees (and the presiding court will be bound to
make this award).
[Balance of Page Intentionally Left Blank - Signature Pages Follow]
Triumph\Willows D€velopment Agreementv3RED (2-22-07).doc
lN WITNESS WHEREOF, the Town and Triumph have made this Agreement as of the
day, month and year first above wriften.
TOWN:
TOWN OF VAIL, a municipal corporation duly
organized and existing by virtue of the laws of the
State of Golorado
By:
Name:
Title: Town Manager
ATTEST:
Lorelei Donaldson, Town Clerk
STATE OF COLORADO
COUNry OF
ss:
The foregoing instrument was acknowledged before me this
-
day of
20Q7,by as Town Managerofthe
Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the
State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
[Signature Blocks Continue on Following Page]
Triumph\WillowsDevelopmentAg€emenw3RED(2-22-07).doc j
TRIUIIPH:
TRIUMPH DEVELOPMENT, LLC, a Maryland
limited liability oompany
By:
Name:
Title:
STATEOF_ )
) ss:couNTYoF_ )
The foregoing instument was acknowledged before me this
-
day of
2oO7,by
of Triumph Development, LLC, a Maryland limited liability company.
Witness my hand and ofiicial seal.
My commission expires:
Notarv Public
Triumph\WillowsDevelopmentAgrcematv3RED(2-22-07).doc 8
EXHIBIT A
LEGAL DESCRIPTION
INSERTI
Triumph\WillowsDevelopmentAgrcementv3RED(2-22-07).doc 9
tr,,S,.l',UTILITY APPROVAL & VERIFICATION 52-68
This form serves to verify that the proposed improvements will not ampact any existing or proposed utility services, and also to
verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and
scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submifted to the followtng utilities
for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMEI{TS FROt,l THE UIILITY
COI'IPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail.
tEvelowr to P,ovide Lot Addrcss Information:
Lot Address: 74 WILLOW ROAD PToject: THE WILLOWS Lot#:
Authorized Siqnature Commenls Date
QWEST
970.a68.6860(tel)
970.468.0672(fax)
Contacis: Sam Tooley
",lr,lili
l I : r{ ) 1(J' U- 1:l)1 {-!,: ( ,.ii: l
XCEL HIGH PRESSURE GAS
970.262.4076 (tet)
970.468.1401 (fax)
Contact: Rich Sisneros
U l t!.1!1.:.rr,: t!,:1, ) ! rr rl1,r', 1;' 1,-, r l
HOLY CROSS ETIERGY
970.947.5425 (tel)
970.945.4081 (fax)
Contact: leff Vroom
.r!:,-:-qIll ll...rjillll !! :1
XCEL EI{ERGY
970.262.4038 (fax)
970.262.4024 (tel)
Contacts:
Kit Eogert
f.aiu-1rtr rllgl:t! .r ia i iIll .(r,\
EAGLE RIVER WATER &
SA]IITATION DISTRICT
970.476.7480 (tel)
970.a76.a089 (fax)
Contact: Fred Haslee
il ,1111:1-11 i: ,'11 9,-.;
COMCAST CABLE
970.418.8248 (tel)
970.949.9138 (fax)
Contact: David Evans
rlc,rril lt!rrlilr. a:lli-i Ui t.r..l arl r
NOTES:
i//y't /',;-^-'2t1to7
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly
on the form, or no action is taken within 2 weeks of the Utility's receipt of the form without explaination the Town will presume
that there are no problems and the development can proceed.
2. lf a utility company has concerns with the proposed construction, the utility representative shall note dtrectly on the utihty
verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the
Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve
identified problems.
3. These verifacations do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of
Public Works at the Town of Vail. Utiliw locauons must be obtained befo.e diqaino in any public right-of-way or easement
within the Town of Vail. A buildino p€rmit is not a Public Wav permit and must be obtained seoaratelv,
4. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-verification if the
submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment
area of this form).
Developer's Signature
C:\Documents and Setlings\ivroom\Desklop\PDFS\TOV Ullly Approval 01-25.0i doc
Date
1.25.2001
Ji jll jl 'U',' l:r:.1:. tP 'j'll .lr,,r J0ib :att?l f-.rt1 ,11fl"Uo-t, 4 tq/rl/c,r
*r1^..,
TS I /.J UTILITY APPROVAL & VERITICATIONn*?Tll
This form serves :o ver,fy that the groDcsed rmgrovenents ,!ill not ,mpac( any ertsl ng ar progose4 {Jtrtrly se.vlces, and atsc [overJv 5e^/rce ova'labrl,W an.1 oaatlon ior new construcl On and shoutd be used io con){lnciron , ,th pfepar'.lg you. rtillty pla.r ands(hedJi,.g rnstaflatronr A srtc !tan, n\Uding qGdt^) pdn, oor ptan, and elevatroils, shall be subm,tted tj the fq ow ng r..,t,lrtrest'.:r aii?rCvCr dnd ve"rfi(ahor
Authonz.d Si-qna tr€
QW€ST
970 513 7189 (rel)
97() 784 A?57(la\)
9?A 687 A7 22 (ce:i)
Cqnrdcjr Slcve waters
) .; :');r. il .i ( s,lll
EXCEL HIGH PRESSURE GAS
97C 262 4076 (tel)
970..168. i.101 (fax)
Cont3ct: Q.rch Sisreros
HOIY CRO55 ELECTRIC
97O 947 5125 (rPt)
970.945.4081 (fax)
Conr :|cl: Jclf vrooril
i\'( ^ :, al !(1.,)..> r_(-
EXC€I EIIERGY
970 162 -1018 {fax)
ccntacts:
l('t Sotan 970 ?62 402.r
Katheine Aoget
EAGLF RIVER WATER &
SA'iIITANON DISIRICI
97C.4 /6.7480 (ret)
970 q76 q089 (tar)
Conti( Fred ddsltt
fltar -eia p.\...'1 -_r.'
COMCAST CABLE
9jO.a68 ?669 en. 1 100 (ter)
9/0 463 16 /2 (far)
Ccn',act Brad Dorc.ls
L, :.,, " i.)r:wr,-t,!{:ir-1 !a:_.
la]}sj
)€'J€l:Jper s Srgnatr:e
F , cat.v\ FCc MS\ t.r.1ri5\.lrn.lrrl' )48\df5 ncv,/ .r^gtn cti.ra t 0 ) 8. ?C06 doa
Commonts Oa!e
fiteltr loetlt'o' o.l .
As 3L-- ot ./tl o7
AtvrscJ t-tL.o1 /'3/'o7
I It the utrl,ty aDproval & verrficatrof form hJs srgnaturec tro|h @ch of the utrlrtv compin€s, 8nd 10 com.nenE are made dr.ecllr
cn th.r form, th€ Town wtll prelume that there art no problems and thc davelopn€nl (an pto(o€d
2 !f d ulrlrfy co{rpdrv has concerns ,.v(h tlre prolx)r€d ronstructrcn, (hi, utrl!ry represcnldlrve sh;J,l nok, d,,eally oo thp u|l|,r)/
verrfrcat,on for.n lhBt the:e rs a groblern v./hrch ne€d! to be resolved. Ihergsu€ should ihen b€ deta'ed,r an attached letter to the
fo!,vr ol vail. Hcweve(, OleAse keep in nind $ai it j thc rCsgOnJ b|ir* oi mc utrlrty comp.rny and tie Jppl,cdnt to fesohe
'de4t'fredorobLtrrr5
J Thr-se veriticaions rlo not reieve iie mntractor ot the responsrbrlity to abbrn a Plbllc Way permrt frrm thc []€panmenl of pubr,c
fy'crk: at the iown of Varl. lftil;tv locrtions murt be abbined b€fore d,qqing n eny p'rbl,c r'ght-of-way cr eJJcmcrt wrthr.
the Tovvn of Va,l. A buildin{ ocrrrit is,rot o Publll_Wrv oermat a"d ntust be o
f1f -'.-reloC(r rs r(\l,r.ed and agrees fo submrt dny revrseal drawings fo the Llt oes,Or re-approval & re.ver:fia3tron ri tf.e
;ubr,-ined Dlans :re eltered 'r any l.Jay atter the autho.rzec srgnature da!4 (unless ctnery,rse steciially not€d ,a;:hrn lhe corjment
lrea Jf :h J tcrml
Date
Fage , of 14 1l/2,-,.1{ri5
TiiTiL PAa,f . Cl . i
J an-?!- ? lll ld:09 E r on-ERllSD 810476{!80 I-989 P 00 r/09? F-r8a
DATE:
TO:
FAX NO.
PHON€ NO.
FROT{:
PAGE5:
COPI6:
-
-
ErolE RrvER
AEf wArEB & saHr'rto' Drsr'tcr
tLt Foraal,lo.d . Yd. Colora(b ll6t7
|'to! .l}tao . frt rltol .tGaoa9
,.r w..d @ vail.nct . *|\r.yad.nasrmd
t .1 -cJ f., -i
| - /'t I ' \) t Fax
(*o-uCL"
(l
.jf._
?ac:- .)'3 /3 ,L!l
COMHENTS:
rEflNlft'T't
tt7'7- 516 i
97o/arHg.For ronfrrmrtion and/or problems wilh this transmlssion, Dleate call
W^1r p f'J 1s'wr^:€' Opi s/.ttox: t M^lJAl,t I lt'i: St n',,Ct-'
at
t\
t*-,1r'o:--'t o' tul'T]jLO
,.;\
SDA urrLtrY APPR.'AL & vERrrIcArIoN
mgf,HK* to venfy tlat th€ ptopos€d lmDrpvemen6 wrll not tmpad any exlst.,ng of 9'opo$€d ublitv scrvKeE' and also to
vcnfy s€ry(e avarlablrry ano rocarin*iol-io annat-ation ano srrouri'ue u*r tn con;.rnctton wlth preparlno yout utilltv an dnd
{tredutrng instaltat/onr, o ,,t" p,ui,',n.l,rc*g !oo,ng ptan. noor prai,-anJ ereuationi, situtt o" submitted to the following uhhle5
for approval and vettficat on.
Aulhortzod Slottrlq|l
T-088 P 002/002 F-tB4
Commonl.{ Dalc
gl04?64088
QwEst
970.s1J.7r89 (t€l)
970.38a 0257(fax)
970.87 .0722 (cett)
Contacti: StEve Wdte.s
swaters@owe5-T-colIl
EXCEL }IIG'I PRISSURE GAs
970.262.,1076 (tel)
970.468.140r (fax)
Contact: Rich sisnctos
HoLY CnOSS ELECIRTC
970.947.542S (tel)
970.945.4081 (far)
Crnbct: Jerf vroorn
rv.eoro.@-bqlt!0.t!sso
gCEL €TIERGY
970 262..l0tg {ter)
contads:
K* Bogart 970 262 4021
Ka$rerine Sogert
EAGLC 8N'EN WATER &
SAIIITATTO iI DI TRIC'
970.476.7480 (rcl)
970.475.{089 (rdx)
C-onEcl: Red haslee
f haiieEOqrwjif-Qlg
CO CAST CAELE
970.468.2569 ext. 1100 (tel)
970.a68.2672 (hx)
conbd: Erad Dotas
blal('lv dor.n:@cOble.comcdst (0m
?^ful^LAa,_Ol
ftOIEli ^r-h ^. ih- ,,r,r,iw .Amn^nrps and no commenB are .nade directly
1, lt the uulrty approvat & vcrrtKdtion form has slgnatures from each of lhe uultty
'ompanl€s'
a^d no c
on thc form, U\€ lou/n witl p..ru,*-irtJ tftot are no groblerns and the develogment can proc€€d
2. lf a utihtt compiny has g911gg1n5 with th€ proposerl @nstruclon' the uiihty regresentiltrve shall nole drrectly 0n tie utrlty
verificatron ftfi m that thete u o proor"* *rriat nceds b be resor'eo
'ne
rrsue :nou6 trren b' dctalled In an aftached iette' to the
lown of varl. However? ppas€ -.fril;;; t " 6e ,espomro,r,ty iiin" ,t,r,ay.utp"nv and the apptrcant to r€5olve rden!fled
proDl0ms.
f . Thes€ verlticanons do not tetteve the contr,lcio( ol the-responslDllrty lo obE|r] a Pubrc WaV.Perm:lt19t t* Ocoarlment of Publlr
wcr*s dt the ro,rn or varr. u6tiw iorjt]ilfu-traFtiolr+&A-^{tggla, n.".nl e'?rf .'-?l:ot-wav o' oa.'ement wrtr''n
the 'o.,^ cr vl'|. A buttding |ra"t t ir not a Fublk wrv orrmtt iiG-baotrrined <eoaretelv'
Thc Oev€bper is required and agfeeS to submlt ,rny ror'rs€d drau?lngs to the utrlities for re approval & re'veriticahon tf the
submined prans ore altered ,n onv ilv-in"'. tne uutt,n treo ,,gnatur" dote iurtle5s o(herwtse spectf[ally notcd wilhrn the comme
drea ot thrs form).
DeveloDct's Slgnature
F \dcv\FORMs\PrI m'E\Plannrng\DR9\(l't-
DAte
P.l4c q of l4nq'r-clnsru(rlo^..1s l8'loobJq ruz7l20C5
George Ruther - Re: Willows
From:
To:
Date:
Subject:
Done.
Pam Brandmeyer
George Ruther
0312912007 10:20:53 AM
Re: Willows contribution to Seibert Circle
>>> George Ruther 3/2812007 7'.22 PM >>>
Kathleen-
That is correct....the $20K will be deducted from his $70K obligation.
Pam....can you ask Leslie Fordham (AIPP) to send a "thank you'note to Steve? While I understand that
this was a condition of approval....a little thank you from the Town goes a long way. Plus, it's free!
Thanks.
>>> Kathleen Halloran O3l28l2OO7 4:20 PM >>>
Hi George - Steven Virostek just stopped by with a $20,000 check for Seibert Circle. He just wanted to
ensure that this payment would go against his "conditions'of approx. $70K for the Willows build.
I told him lwould send him an email confirming this - Can you please let me know if this is correct?
Thanks!
Kathleen Halloran
Manager, Budgets & Financial Reporting
970479-21't6
George Ruther, AICP
Chief of Planning
Town of Vail
(970) 479-2145 office
(970) 376-2675 cell
(9701479-2452 fax
qruther@vailqov.com
o
Pla nning and Environmental Commisson
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, ColorAdo 81657
tel: 97O.479,2Lt9 fax| 976.479.2452
web: www,vailgov.com
Proiect Name: THE WILLOWS CUP
Project Description:
Pafticipantsr
Project Address:
Legal Description:
Parcel Number:
Comments:
PEC l{umber: PEC060062
FINAL APPROVAL FOR THE WILLOWS REDEVELOPMENT FOR A CONDMONAL USE PERMIT
OWNER WILLOWS CONDOMINIUM ASSOC 08/2812006
74 WILLOW RD
VAIL
co 81657
APPUCANT TRIUMPH DEVELOPMENT, LLC 0e12812006 Phone: 301-657-1112
8120 WOODMONT AVE
STE BOO
BETHESDA
MD 20814
74 WILLOW RD VAIL Loca6on: THE WILLOWS CONDOS
Lot: 8 Block: 6 Subdivision: WILLOWS $HE)
2101-082-1900-2
See conditions in the file
BOARD/STAFF ACTION
Motion By: Jewitt
Second By: Pierce
Vote: 7-0-0
Conditions:
Action: APPROVED
Date of Approvalz A912512406
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).
@nd:300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner: George Ruther PEC Fee Paad: $650.00
Co\trultfY E{EL@VE\I
o
P lanning and Environmental Commisson
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tef:970.479.2139 fax;97O.479.2452
web: www,vailgov.com
Project Name: THE MLLOWS CUP/EHU
Project Description:
THE WILLOWS REDEVELOPMENT-FINAL APPROVAL FOR A CONDMONAL USE PERMIT FOR
TYPE III EHU
Partacipants:
owNER WTLLOWS CONDOMTNIUM ASSOC 10/122006
74 MLLOW RD
VAIL
co 81657
APPLICANT TRIUMPH DEVELOPMENT, LLC LOlt712006 Phone: 301-657-1112
8120 WOODMONTAVE
sTE 800
BETHESDA
MD 20814
ProjectAddress: 74 WILLOW RD VAIL Location: THE MLLOWS CONDOS
Legal Description: Lot: 8 Block: 5 Subdivision: WILLOWS (THE)
Parcel Number: 2101-082-1900-2
Comments: See conditions in the file
BOARD/STAFF ACTION
PEC Number: PEC060076
Action: APPROVED
Date of Approval: 11/13/2006
Motion By:
Second By:
Vote:
Conditions:
Jewitt
Cleveland
7-0-0
Gond:8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate revieur committee(s).
Cond:300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner:PEC Fee Paid: $650.00
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Community Development Department
November 21.2006
First Reading of Ordinance No. 30, Series of 2006, an ordinance establishing Special
Development District No. 40, The Willows, and setting forth details in regard thereto.
Applicant:
Planner:
The Willows Condominium Association, represented by Triumph
Development, LLC
Elisabeth Reed
il.
DESCRIPTION OF THE REQUEST
The applicant, The Willows Condominium Association, represented by Triumph
Development, LLC, is requesting a first reading of Ordinance No. 30, Series of 2006, an
ordinance establishing Special Development District No. 40, The Willows, and setting
forth details in regard thereto. The purpose of Ordinance No. 30, Series of 2006, is to
facilitate the redevelopment of The Willows Condominiums, located at 74 Willow Road.
The staff and applicant are requesting that the Town Council listen to a presentation on
the proposed ordinance and approve Ordinance No. 30, Series of 2006, upon first
reading.
BACKGROUND
On November 13, 2006, the Town of Vail Planning and Environmental Commission held
a public hearing on a request to establish Special Development District No. 40, The
Willows.
The applicant received approval for the establishment of a new special development
district with the following deviations:
o A deviation from the density requirements including:o 18 dwelling units (not including EHU) proposed vs. 12 dwelling units
allowed by underlying zoning;o 32,240 square feet of Gross Residential Floor Area (GRFA) proposed vs.
16,069 square feet of GRFA allowed by underlying zoning.
o 14,110 square feet (66.770) of site coverage proposed vs. 1 1,629 square feet
(55% of site) of site coverage allowed by underlying zoning; and
r Deviations from the front, side and rear setbacks.
Upon consideration of the request, the Commission voted 4-1-0 (Pierce opposed) to
foruard a recommendation of approval of the request to the Vail Town Council.
The Commission's recommendation of approval includes five (5) conditions, as outlined
in Section 4 of Ordinance No. 5. Series of 2006. The Commission's recommendation of
approval includes the following findings:
"That the proposal to establish Special Development District No. 40, The Willows,
complies with the nine design criteria outlined in Section 12-94-8 of the Vail Town
Code. Furthermore, the applicant has demonstrated to the satisfaction of the
Commission, based upon the testimony and evidence presented during the public
hearing, that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public
benefits provided. Lastly, the Commission finds that the request is consistent with
the development goals and objectives of the Town.
With regard to proposed building setbacks, that:
a. Proposed building sefbacks provide necessary separation between buildings
and riparian areas, geologically sensitive areas and other environmentally
sensitive areas.
b. Proposed building setbacks comply with applicable elements of the Vail
Village Urban Desrgn Guide Plan and Design Considerations.c. Proposed building sefbacks will provide adequate availability of light, air and
open space.
d. Proposed building sefbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed building sefbacks will result in creative design so/uflons or other
public benefits that could not otherwise be achieved by conformance with
prescribed setback standards.
With regard to proposed Gross Resrdential Floor Area, that:
a. The proposed gross revdential floor area of 200% of the allowable, and the
additional six dwelling units over the allowable, or 150% of the allowable
number of units in the High Density Multiple Family zone district, are in
conformance with applicable elements of the Vail Comprehensive Plan.
With regard to proposed site coverage, that:
a. Though the proposed site coverage of 67% of the site exceeds that which is
allowed within the High Density Multiple Family zone district, the proposed
above grade, or perceived, site coverage of 50% of the site area is in
conformance with the 55% site coverage allowance within the High Density
Multiple Family zone district and is in conformance with the applicable
elements of the Vail Comprehensive Plan.
That the development is in compliance with the purposes of the High Denstty Multiple
Family zone district, that the proposal ls conslsfenf with applicable elements of the
Vail Village Master Plan, the Vail Land Use Plan, the VailSfreefscape Master Plan,
and the Vail Village Urban Design Guide Plan and that the proposal does nof
otherwise have a significant negative effect on the character of the neighborhood, and
that the proposal substantially complies with other applicable elements of the Vail
Comprehensive Plan."
III. ZONING ANALYSIS
Staff has performed a zoning analysis of The Willows redevelopment proposal which can
be used for comparison purposes.
The following is the zoning analysis of the proposal the PEC recommended approval of
with conditions on November 13, 2006. The deviations to the prescribed development
standards are shown in bold text in the table below.
Develooment Standard
Allowed Existinq Proposed
Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21,144 sq. ft.) no change
Setbacks:Front: 20 feet 8 feet 11' (above grd.)
Side: 20 feet 4 feet 7.5' (above grd.)
Rear: 20 feet 5.5 feet 6.2' (above grd.)
Bldg. Height: 45 ft. flat/mansard 48 feet 48 feet
48 ft. sloping
Density: 12 dwelling units 28 dwelling units 9 Dwelling Units
(+5 Lock offs)
9 Timeshare Units
l EHU
GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq.ft. *
(76% ot site area) (1 15% of allowable GRFA) (200% of allowable GRFA)
Site Gvge: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%) 14,110 sq. ft. (-670/0l
Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. (-13%) 8,540 sq. ft. (4}o/o)
Parking: FFU = 0.7 sp/unit 42 spaces 29 spaces
DU = 1.4 sp/unit
EHU = 1.4 sp/unit
20.3 total spaces req'd
tv. DlscussroN tTEMs
Staff believes there are several items regarding the adoption of Ordinance 30, Series of
2006, which require a discussion with the Town Council in order to gain feedback. Those
items are as follows:
V.
vt.
Does the Town Gouncil believe the employee housing requirement asked
of the developer by the Planning and Environmental Commission is
appropriate considering recently assessed employee housing
requirements of other proposals to the Town of Vail?
The applicant originally proposed to provide six Employee Housing beds, one
in the form of an onsite Employee Housing Unit, and five (5) others via a buy
down or eventual pay-in-lieu program. Because four fewer employees will be
generated by the proposed development than the existing Willows, this
proposal was not the result of an employee housing requirement, but was a
part of the developer's public benefit program.
Based on employee generation rates historically used by the Town, which are
based on net new employees generated, the developer would be under no
obligation to provide any employee housing units or beds. However, the
Planning and Environmental Commission generally believed that the
applicant's proposal for a public benefit of six employee beds was not
sufficient.
Does the Town Council have any comments and feedback regarding the
remaining public benefits proposed to the Town, including streetscape
work and the provision of public art?
As a part of the public benefit proposal, the applicant is proposing to complete
the streetscape along Willow Road from Vail Road to the intersection adjacent
to Checkpoint Charlie with an eight foot (8') pedestrian paver treatment and a
new twelve foot (12') asphalt automobile lane. The applicant is also proposing
to allocate $70K to the provision of public art, whether on or off site, which
specifics will be determined together with the applicant and the Art in Public
Places Board.
r Any other comments or suggestions on Ordinance 30, Series of 2006?
STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Ordinance No. 30, Series of 2006.
ATTACHMENTS
A. Ordinance 30, Series of 2006B. Copy of the Staff Memorandum to the Planning and Environmental Commission
dated November 13,2006 and the proposed plans for redevelopment dated
November 6, 2006.C. Comparison of recently approved developments/EHU requirements
TOTIN COIINCIL
Attachment A
ORDINANCE NO.30
Series of 2006
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.40, THE WILLOWS,
puRsuANT TO ARTICLE A, SPEC|AL DEVELOPMENT (SDD) D|STR|CT, CHAPTER 9, TITLE
12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Title 12, Zoning Title, Chapter9, Article A, Special Development(SDD)District,
Town Code of Vail establishes a procedure for establishing special development districts; and
WHEREAS, The Willows Condominium Association and Triumph Development, LLC, have
submitted an application to the Town of Vail Community Development Department to establish
Special Development District No. 40, The Willows, to facilitate the redevelopment of an existing
residential development; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on November 13, 2006, on the application to establish Special Development District No. 40,
The Willows, in accordance with the provisions of the Town Code of Vail; and
WHEREAS, upon due consideration, the Planning and EnvironmentalCommission of the
Town of Vail found that the request complies with the design criteria prescribed in the Title 12,
Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail;
and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approvalwith conditions by a vote of 4-1-0 of this request to establish Special
Development District No. 40, The Willows, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the request to establish Special Development
District No. 40, The Willows, complies with the design criteria prescribed in the Title 12, Zoning Title,
Town Code of Vail;and provides a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
WHEREAS, the Vail Town Council considers it in the interestof the public health, safety, and
welfare to adopt Ordinance No. 30, Series of 2006, and establish a newspecial developmentdistrict
in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 40, The Willows, is established for development on a
parcel of land, legally described as Lot 8, Block 6, Vail Village 1" Filing, which comprises a
total of 21,144 square feet (.4854 acres) in the Vail Village area of the Town of Vail. Said
parcel may be referred to as "SDD No. 40". Special Development District No. 40 shall be
Ordinance No. 30, Series 2006
reflected as such on the OfficialZoning Map of the Town of Vail. The underlying zoning for
Special Development District No. 40, The Willows, shall be High Density Multiple Family
(HDMF) District.
Section 2.Special Development District No. 40, The Willows, Approved
Development Plan
An approved development plan is the principal document in guiding the development, uses
and activities of a special development district. The Vail Town Council finds that the
Approved Development Plan for Special Development District No. 40, The Willows, complies
with each of the requirements setforth in Sections 12-9A-5 and 12-9AS of the Town Code
of Vail. The Approved Development Plan for Special Development District No. 40, The
Willows, shall be comprised of materials submifted in accordance with Section 12-9A-5 of
the Town Code of Vail and those plans prepared by Resort Design Associates, entitled "lhq(
Willows", dated November 6, 2006, and stamped approved November 13, 2006.
^ , j}y''
Section 3. Development Standards , ,f,qJ
In conjunction with the Approved Development Plan described in Section 2 h'6rein, the
following development standards are hereby approved by the Vail Town Council. These
standards are incorporated in the Approved Development Plan to protect the integrity of the
development of Special Development District No. 40, The Willows. The development
standards for Special Development District No. 40, The Willows, are described below:
1. A. Permifted, Conditional, and Accessory Uses: The permitted, conditional,
and accessory uses allowed in Special Development District No. 40, The
Willows, shall be those uses listed in Title 12, Chapter 6, Article H, High
Density Multiple Family zone district, Town Code of Vail, as may be amended
from time to time.
B. Lot Area: The minimum lot area for Special Development District No. 40, the
Willows, shall be 21,144 square feet (.4854 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 40,
The Willows, shall be as indicated on The Willows Apprgvefl Development
ptan, described in Section 2 herein.
,ir/ ; ,J l*rlryffD, Height: The maximum allowable building height fof'Spe6ial Development
District No. 40, The Willows shall be forV eight feet (48') and as indicated on
The Willows Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 40, The Willows, shall be
32,240 square feet and the maximum allowable density shall be nine (9)
dwelling units, nine (9) timeshare units, one (1) onsite Employee Housing
Unit, with potential for five (5) lock-off units, as indicated on The Willows
Approved Development Plan, described in Section 2 herein
F. Site Coverage: The maximum allowable site coverage shall be six$ six and
seven tenths percent (66.7%) or 14,110 square feet of the total lot area, and
as indicated on The Willows Approved Development Plan, described in
Ordinance No. 30, Series 2006
Section 2 herein.
G. Landscaping and Site Development At least forty and three tenths percent
(40.3%) of the totalsite shall be landscaped. The minimum width and length
of any area qualiffing as landscaping shall be fifieen (15) feet with a
minimum area of not less than three hundred (300) square feet. The
landscaping and site development shall be as indicated on The Willows
Approved Development Plan, described in Section 2 herein.
H. Parking and Loading: Off street parking and loading shall be provided in
accordance with title 12-10 o'f the Vail Town Code. At least seventy five
percent (75o/o) of the required parking shall be located within the main
building or buildings and hidden from public view or shall be completely
hidden from public view from adjoining properties within a landscaped berm.
The minimum number of loading and delivery bays shall be one (1) as
indicated on The Willows Approved Development Plan, described in Section
2 herein.
Section 4. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of the
, ./ establishment of Special Development District No. 40, The Willows:
\ . A TheDevelopershall addressthefollowingconditionsof approval priortoappearingbefore
\W' M, / the Vail Town Council for second reading of an adopting ordinance forthe establishment of
n ' , \7u | ^,Special Development District No. 40, The Willows:tl ,I wn\r-^ $'', ,/ \ 1. The Developer shall prepare a written agreement, for Town Council review and
,, .^rfiv" \l' ' approval, outlining the responsibilities and requirements of the stated public benefits, as
"11*
t' t &: ^ indicated within this memorandum. This agreement shall include, but not be limited to, the
[t t, tfJ,lt". t ,ll provision of one Employee Housing lJnit onsite, which shall be allocated for sole use by The
Willows Condominium Association; the provision of eleven (11) employee beds offsite,
provided through the "buy down program" and averaging five hundred (500) square feet per
bed in units with at least two bedrooms; all streetscape improvements along Willow Road,
including an eight foot (8') paver sidewalk for pedestrians and a tvvelve foot (12) wide right-
of-way lane; and details for $70K of public art, which location shall be determined by the
applicant and reviewed with the Art in Public Ptaces Board.
The Developer shall address the following conditions of approval prior to submifting a
building permit application (a grading permit/excavation permit shall constitute a building
permit):
1 . The Developer shall comply with all outstanding final comments of the Town of Vail
Public Works Department outlined in the attached memorandum dated October 20, 2006.
2. The Developer shall ensure that the proposed redevelopment plans comply with all
requirements of the Town of Vail Fire Department.
The Developer shall address the following conditions of approval prior to requesting a
temporary certificate of occupancy or a final certificate of occupancy:
Ordinance No. 30, Series 2006 3
1. The Developer shall commence initial construction of the Willows improvements
within three years from the time of its final approval at second reading of the ordinance
establishing Specra/ Development District No. 40, and continue diligently toward the
completion of the project. lf the developer does not begin and diligently work toward the
completion of the special development district or any stage of the special development
districtwithin the time limits imposed, the approvalof said special development district shall
be void. The Planning and Environmental Commission and Town Council shall reviewthe
special development district upon submittal of an application to reestablish the special
development district following the procedures outlined in Secflon 1 2-gA-4, Vail Town Code.
The Developer shall provide one deed-resticted unit onsite that complies
with the Town of Vail Employee Housing i13), and is allocated for
sole use by The Willows Condominium (11) additional beds
within the Town of Vail through the buy down hundred (500) square
feet per bed in units with at least two bedrooms,
drafted for the passage of Special Development
agreement to be
Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and properforthe health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Section 7. Theamendmentof anyprovisionof theTownCodeof Vail asprovidedinthis
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the eldent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 21"' day of November, 2006 and a
public hearing for second reading of this Ordinance set for the Sth day of December, 2006, at
and secure
, averaging
Ordinance No. 30, Series 2006
6:00 p.m. in fie Council Chambers of he Vail Municipal BuiHing, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
fuinance No. 30, S€ri'3 20Oo
TO:
FROM:
DATE:
SUBJECT:
O^ corr'cr,.
Attachment B
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
November 13,2006
A request for recommendation to the Vail Town Council of a proposal to establish
Special Development District No. 40, pursuant to Article 12-9(A), Special
Development Districts, Vail Town Code, to allow for the redevelopment of The
Willows Condominiums located at 74 Willow Road/Lot 8 Block 6, Vail Village
Filing 1't Filing, and setting forth details in regard thereto (PEC06-0061).
Applicant: The Willows Condominium Association, Inc., represented by
Triumph Development, LLCPlanner: Elisabeth Reed
il.
SUMMARY
The applicant, The Willows Condominium Association, Inc., represented by Triumph
Development, LLC, is requesting a recommendation from the Planning and
Environmental Commission to the Vail Town Council regarding a proposal to establish
Special Development District No. 40, The Willows, pursuant to Article 12-9(A), Special
Development Districts, Vail Town Code, to allow for the redevelopment of The Willows
Condominiums, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1"t Filing.
Upon review of the applicable elements of the Town's planning documents and, adopted
criteria for review, the Community Development Department recommends that the
Planning and Environmental Commission fonrrards a recommendation of approval, with
conditions of the applicant's request to establish Special Development District (SDD)
No. 40, The Willows, to the Vail Town Council. A complete summary of the Staff's
review is provided in Section Vll of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, The Willows Condominium Association, represented by Triumph
Development, LLC, met with the Planning and Environmental Commission on
September 25,2006 for a worksession to present a proposed redevelopment application
and two requests: one for the establishment of a new special development district
intended to facilitate the redevelopment of The Willows Condominiums, and the second
for review of a conditional use permit, to allow for the "construction of timeshare estate
units and timeshare license units", located at 74 Willow Road/Lot 8, Block 6, Vail Village
1st Filing. Since that time, the applicant has submitted an additional application for
review by the PEC of a request to construct a Type lll Employee Housing Unit as a
Conditional Use upon the property.
ilt.
The key elements of the proposal to create Special Development District No. 40 are as
follows:
r Demolition of existing structure and construction of a new structure;o Nine (9) new 2-bedroom Timeshare Units;r Nine (9) new Whole Ownership Units with five (5) lock-off unit options;o One (1) new onsite Employee Housing Unit;o Front desk, lobby, porte cochere, library, pool, courtyard, spa, guesUowner ski
storage, below grade parking structure, and other amenities.
As part of the Special Development District request, the applicant is proposing the
following deviationsfrom the underlying High-Density Multiple-Family (HDMF) zoning
district:
o A deviation from the density requirements including:
1. Number of dwelling units;
2. Amount of Gross Residential Floor Area (GRFA).e Deviations from the front, side and rear setbacks; and,o A deviation from the allowable site coverage.
A complete zoning analysis of the site has been provided in Section lV of this
memorandum. A vicinity map has been attached for reference (Attachment A) as has
the applicant's request and a reduced copy of the floor plans and elevations
(Attachments B and C).
BAGKGROUND
The existing building of the Willows Condominiums was built in 1971 and is in need of
many repairs and upgrades, including but not limited to the following:
r Demolition or extensive repair of the parking decks;r Installation of a fire sprinkler system;r Upgrades to the mechanical systems within the building;r Renovation of all units and common spaces; and,r Renovation to the exterior of the building.
Because the building was constructed using a concrete "T" system, any renovations or
upgrades would compromise the already low (7', 6") head height. Considering the type
of existing construction and the non-conformities of the existing building and site, the
applicant and The Willows homeowners have chosen a proposal to demolish and rebuild
the building instead.
The Willows Condominium building currently houses twenty eight (28) units; twenty
seven (27) one bedroom, 596 square foot units and one (1) studio unit that is 446 square
feet in size. The units are owned by 26 different owners, with each owner allotted thirty
days of summer use and thirty days of winter use per year. When units are unoccupied,
they are placed into an active rental pool.
The applicant has undergone one worksession with the Planning and Environmental
Commission on September 25, 2006. A comprehensive list of the Commission's primary
concerns follows:
Regarding deviations and public benefits:
o The Commission asked that more thought be paid to the provision of puhlic
benefib to offset the requested deviations.
o Several of the Commission members suggested that more Employee Housing
Units be provided, but in another location. This would include the Unit proposed
within the building itself. However, other members disagreed with that
suggestion, stating that the vitality of the Village was befter preserued through
onsite Employee Housing Units.
c The Commission strongly urged further consideration of the setback deviations
being requested. Egress issues become more of a problem with less of a
setback as do safefy separation, snow sforage, review and constructability of
future development proposals, and other issues. One member felt that such
encroachments of the building would be befter allowed below grade only. Others
felt that some height deviations may be considered if the sefbacks were to be
i m p roved si m u lta n e o u sly.
Regarding architecture/site design :
o The Commission requested renderings of all facades to be provided for study by
the next meeting.
c One member of the Commission encouraged the natural transition of grades
across property lines in order to make property lines indecipherable.
c Better integration of the exit staircases into the building's design was
mentioned by several members.
o Sorne concern was expresse d regarding the possible eventua! widening of Vait
Road.
o There was sfrong support of maintaining some architectural continuity with the
rest of the neighborhood.
o One member asked that all trees to be removed be tagged prior to the next
meeting.
Regarding the proposal in general:
t The Commission was quite interested that incentives to rent continue to be
proposed and that the number of hot beds be maintained, if not increased, within
the core of the Village.
. One member of the Commission commented that the proposed provision of a
front desk should be portrayed as more of a benefit than was cunently being
poftrayed.
. Many of the Commission members requesfed that Staff analyze the build-out
potential of all the sunounding propefties on Willow Circle to better decipher
the effect which cunenUproposed deviations may have on the neighborhood.
Furthermore, the applicant met with the Town of Vail Design ReMew Board for a
conceptual review on Wednesday, November 1, 2006. The Board commented on the
following items at the time of that review:
c Much aftention will be paid by the Board to the pr*eruation of existing
Iandscaping, the promised arborisfs report, and the final landscaping plan to
ensure proper screening and appropriate site treatment.
c The Board expressed concern regarding the sifc deslgn. lt was thought that
/ess slte coverage may be possrb/e if the "U" shape of the building was defined
differenUy.
The development proposal is scheduled for review by the Board on December 6, 2006,
provided that a recommendation of approval is forward to the Town Council by the
Planning and Environmental Commission.
IV. ZONING ANALYSIS
The proposed deviations to the prescribed development standards outlined by the
underlying zone district, High Density Multiple Family, are listed in bold font.
Zoning: High Density Multiple Family (HDMF)
Land Use Plan Designation: Village Master Plan
Current Land Use: Village Master PlanAddress: 74 Willow Road/Lot 8, Block 6, Vail Village 1" Filing
Develooment Standard
Allowed Existinq Prooosed
Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (2'1,144 sq. ft.) no change
Setbacks:Front: 20 feet 8 feet ll'(above grd.)
Side: 20 feet 4 feet 7.5' (above grd.)
Rear: 20 feet 5.5 feet 6.2' (above grd.)
Bldg. Height 45 ft. flaUmansard 48 feet 48 feet
48 ft. sloping
Density: 12 dwelling units 28 dwelling units 9 Dwelling Units
(+5 Lock offs)
9 Timeshare Unitsl EHU
GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft. *
(76% of site area) (115% of allorvable GRFA) (200% of allowable GRFA)
v.
Site Cvge: 11,629 sq. ft, (55%)
Land. Area: 6,343 sq. fi. (30%)
Parking: FFU = 0.7 sp/unit
DU = 1.4 sp/unit
EHU = 1.4 so/unit
12,638 sq. ft. (-60%)
2,848 sq. ft. (-13%)
42 spaces
Zonino
High Density Multiple Family
Two-Family Primary/Secondary
High Density Multiple Family
Two-Family Primary/Secondary
14,110 sq. ft. (-67%)
8,540 sq. ft. (400/0)
29 spaces
20.3 total spaces req'd
SURROUNDING LAND USES AND ZONING*
North:
South:
East:
West:
Land Use
Residential
Residential
Residential
Residential
(*See Attachment D for specific development standards of surrounding properties)
ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB for compliance of proposed buildings and site
planning, and final approval by the Town Council.
Planninq and EnvironmentalCommission: The PEC shall review the proposal for and
make a recommendation to the Town Council based upon the findings made on the
criteria located in Chapter 12-9A, Special Development District, Vail Town Gode.
Desiqn Review Board: The DRB has no review authority on a SDD proposal, but must
review any accompanying DRB application. The DRB review of an SDD prior to Town
Council approval is purely advisory in nature.
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.
Town Council: The Town Council takes into consideration the PEC's recommendation
when reviewing an application for a special development district and is responsible for
final approval/denial of an SDD. The Town Council shall review the proposal and
approve/approve with conditions/deny the application based upon the findings made on
the criteria located in Chapter 12-9A, Special Development District, Vail Town Code.
THE SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA
Chapter 12-9 of the Town Code provides for the establishment of special development
vil.
districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special
development district is,
"To encourage flexibility and creativity in the development of land, in order to
promote ifs most appropriate use; to improve the design character and quality of
the new development within the Town; to facilitate the adequate and economical
provision of sfreefs and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as sfated rn
the Vail Comprehensive Plan. An approved development plan for a Special
Development District, in conjunction with the property's underlying zone district,
shall establish the requirements for guiding development and uses of property
included in the Special Development District."
An approved development plan is the principal document in guiding the development,
uses, activities and public benefits of the Special Development District (SDD). The
development plan shall contain all relevant material and information necessary to
establish the parameters to which the special development district shall adhere. The
development plan may consist of, but not be limited to: the approved site plan; floor
plans, building sections, and elevations: vicinity plan; parking plan; preliminary open
space/landscape plan; densities; and permitted, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed SDD, permitted, conditional and accessory uses shall be limited to those
permifted, conditional and accessory uses in the property's underlying zone district.
The Town Code provides nine design criteria which shall be used as the principal criteria
in evaluating the merits of the proposed SDD. lt is the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with
each of the following standards, or demonstrate that one or more of them is not
applicable, or that a practical solution consistent with the public interest has been
achieved. Following, is a staff analysis of the compliance with the nine SDD review
criteria of the Willows Condominium Association's request:
A. Gompatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The Willows site is located within a neighborhood of three to four story residential
buildings which have been developed or redeveloped over the years with minimal buffer
zones, but which have each maintained a unique intimate neighborhood identity, an
alpine character, similar visual integrity, and orientation to either the mountain at the
south or the creek to the north. A description of the specific development statistics of
the surrounding properties has been attached for reference (Attachment D).
The design of The Willows redevelopment proposal is quite compatible with that of its
neighbors, in part due to the fact that Bishop Park and 44 Willow Place are products of
the same architectural entity responsible for the design of The Willows proposal. The
scale of the proposed building is sensitive to and similar to that of surrounding buildings,
which range from occupying one half a city block (The Edelweiss) to appearing as single
family dwellings (Bishop Park). The height of the proposed building (48') is very similar
to that of surrounding buildings, which range from three to four stories. Regarding
compatibility, the proposed building is similar to its surroundings partially because it
includes some encroachment into the setbacks, similar to that of each of its neighbors,
and less of a buffer zone than the underlying zone district requires. Many of the
surrounding buildings are located within mere feet of the property lines. However, the
neighborhood has been able to maintain its intimate residential feel as a result. Buffer
zones have instead been provided through mature landscaping and variation of the
building facades.
The applicant has paid specific attention to the portions of the structure which overhang
the setbacks and also approach neighboring buildings, particularly along the eastern
(Riva Ridge South) and western (44 Willow Place) property lines and has designed a
large courtyard and swimming pool along the eastern property line, partially to provide a
"buffer zone" of sorts between the new building and its nearest neighbor (see
Attachment E for illustration of the transformation of the site plan entitled "Different
Design Outlines").
The subterranean improvements along the northern property line remain the greatest
encroachment of the proposal, seconded by the encroachment into the setbacks along
Vail Road at the southern property line. However, this area is less sensitive to design
compatibility since no structures exist along the south of the property. At this time, the
amount of Gross Residential Floor Area located within the setbacks is 10,097 square
feet, or 31% of the amount of proposed GRFA (32,240 square feet).
The architectural design of The Willows redevelopment is governed by the Design
Guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and by the
recommendations Vail Village Master Plan. The proposed architectural design of the
development is intended to be compatible with the unique European alpine village
character prescribed for Vail Village. The exterior design of the development is a
mixture of stone, stucco, wood, and copper which will be much better integrated into the
surroundings than the existing brick and stucco building. Many of the design details are
yet to be determined, as the Design Review Board has only reviewed the project
conceptually. However, Staff believes that additional work with the Design Review
Board will ensure optimal synchronicity with the surrounding architectural themes.
Staff believes that the proposed project is compatible with and sensitive to the
immediate environment and neighborhood relative to design, scale, bulk, building height,
buffer zones, identity, character, visual integrity and orientation because of the similarity
of the design and placement of the building on its site to the design and placement of
surrounding buildings on their sites.
B. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposed uses, activities, and density for The Willows development site provide a
compatible, efficient and workable relationship with surrounding uses and activity. The
uses proposed within the new building are similar to what exists today and include
multiple family dwelling units, which are a permitted use; timeshare units, which are a
conditional use; and an Employee Housing Unit, which is also a conditional use (see
table below for employee housing requirements). Sunounding properties include
multiple family dwellings and short term rental units as well. Therefore, similar activity
levels will result from the proposal as result today from the existing Willows building and
its neighbors.
The High Density Multiple Family (HDMF) district is intended to provide sites for multiple
family dwellings at densities of twenty five (25) units per acre. The proposal to construct
a multiple-family residential dwelling building with eighteen units per half acre exceeds
that which is allowed. However, the overall density upon the site will be reduced; from
28 units to 18 dwelling and timeshare units and 1 Employee Housing Unit. Regardless,
per Attachment D and the following section of the Urban Design Guide Plan, higher
densities than are allowed by the underlying zone district are quite common, and even
expected, in the Willows neighborhood.
Although immediately adjacent to the mixed use developments found in the
Commercial Core and Mixed Use sub-areas, the willow circle sub-area has
retained an exclusively residential character. Condominium developments
have occuned on all but one of the sub-area's parcels and many of these
properties are actively "short-termed" to overnighf guesfs. /n mosf cases,
parking has been provided in underground structures. Ihls design feature,
coupled with the Town-owned open space (Wllow Circle Park), contributes to
the pleasing appearance of this area.
In most cases, fhe levels of development throughout this sub-area greatly
exceed what is allowed under existing zoning (High Density Multi-Family).
Gross residential floor area ratios (GRFAR) range from .6 to 1.3, with an
average of 1.01 . With the exception of one parcel, all properties within this sub-
area are, developed at, or over, their permifted levels of devetopment. As such,
there is litfle development potential left in this sub-area.
Residential uses dominate this sub-area and are proposed to continue with the
exception of one potential commercial space at the east end of the sub-area
facing Willow Bridge Road. This concept ls discussed fufther under Sub-Area
2.2.
Staff believes the uses (including the Employee Housing Unit, details below) and activity
level resulting from the proposed Willows redevelopment are clearly compatible with
those of surrounding uses and activity levels.. Though the amount of GRFA exceeds
what is allowed, Staff believes that the proposed density (1.5 FAR) is relatively
compatible to the density levels expected in the Urban Design Guide Plan within this
area. Employee Housing as a use is addressed further below.
Emplovee Housinq Assessment
As indicated in a number of the goals and objectives of the Town's Master Plans,
providing affordable housing for employees is a critical issue which is appropriately
addressed through the review process of SDD proposals. In reviewing the proposal for
employee housing needs, staff relies on the Town of Vail Employee Housing Report.
The Employee Housing Report was prepared for the Town by the consulting firm Rosall,
Remmen and Cares and provides the recommended ranges of employee housing units
needed based on the type of use and the amount of floor area dedicated to each use.
The guidelines contained within the report were used most recently in the reviews of the
Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, SDD No. 6A/ail Village Inn,
and the SDD No. 39/Crossroads development proposals.
The figures identified in the report are based on surveys of the commercial-use
employment needs of the Town of Vail and other mountain resort communities. As of
the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment
generation" ordinances requiring developers to provide affordable housing for a
percenlage of the new employees resulting from commercial development. "New"
employees are defined as the incremental increase in employment needs resulting from
commercial redevelopment. Every community uses a different percentage to determine
the amount of housing a developer must provide for its employees. Vail has
conservatively determined that if a project is proposed at, or below, the density allowed
by the underlying zone district, the 15% (0.15) figure is used. When a project is
proposed to exceed the density allowed by the underlying zone district, the 300/o (0.30)
figure is used in the calculation.
However, because the number of dwelling units upon the Willows site will be reduced by
ten, there was actually a reduction in the number of employees generated. Four (4)
fewer employees than are currently generated will fulfill the proposed needs and uses of
the site.
Proposed Willovvs Project
Emplovee Generation Calculations - Middle of Ranqea) Multi-Family (Dwelling Units)
18 new units proposed @ (O.4/unit) = 7.2 employees
Existing Willows Project
Emplovee Generation Galculations - Middle of Ranqea) Mutti-Family (Dwelling Units)
28 units existinq @ (0.4/unit) = 1 1.2 emplovees
Total net new = - 4 employees
The applicant has no obligation to provide any employee housing units or beds because
the housing requirement is only applied to developments for which an employee
generation will occur. However, the applicant is proposing that one of the public benefits
of the project include the addition of one new onsite Employee Housing Unit and five
new employee beds elsewhere in the Town. This number was generated by the
applicant's desire to house 100o/o of the employees required for the scope of the new
project. Using the Town's calculation that the average employee within the Town holds
1.3 jobs, the site creates a need for 5.5 employee beds (7.2 employees divided by 1.3
jobs each).
The applicant will deed restrict the units appropriately, depending upon the zone distdcts
in which the purchased properties are located. The off site employee housing beds will
be provided through the purchase of units throughout Town (the "buy down" program) or
through a pay-in-lieu program, if established by the Town prior to requesting a
Temporary Certificate of Occupancy (TCO).
Staff believes that the proposal for additional employee beds will be of substantial
benefit to the Town.
C. Parking and Loading: Gompliance with parking and loading requirements as
outlined in Chapter 12-10 of the Vail Town Code.
The proposed redevelopment plan complies with the parking and loading requirements
outlined in Chapter 12-10. As indicated in the Zoning Analysis outlined in Section Vl of
this memorandum, the total number of required parking spaces for The Willows
redevelopment project is 21 spaces (rounded up from 20.3 spaces). The applicants are
proposing to provide a total of 29 below grade parking spaces.
The applicant is proposing to fulfill its loading and delivery requirement through the
provision of one loading "bay', which is to be located at the porte cochere entrance to
the north of the building. The proposed area will be accessed from Willow Road.
ln a memorandum to the applicant dated October 20, 2006 (Attachment F), the Public
Works Department outlined several outstanding items to be resolved. The applicant has
since verified compliance with most of these issues, with the exception of the width of
the driveway entrance and related signaling for ingress/egress and automobile safety
reasons. Attachment G includes a reduced copy of the applicant's possible solution to
this issue pending Public Works approval. Staff has addressed remaining Public Works
issues as a condition of approval, to be resolved to the satisfaction of the Public Works
Department prior as part of the request to establish a new SDD.
Staff believes that the application sufficiently complies with this criterion.
D. Comprehensive Plan: Conformity with the applicable elements of the Vail
Comprehensive Plan, Town policies and Urban Design Plan.
The goals contained in several of the Town's comprehensive, guiding documents are
applicable during the review process for the establishment of a Special Development
District. Staff has reviewed the Comprehensive Plans and outlined the applicable plan
sections below as relevant to the review of this proposal.
Vail Land Use Plan (in part)
1.0 GeneralGrov,rth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses fo serue both the visitor and the permanent
resident.
1.3 The quality of development should be maintained and upgraded'
whenever possible
1.12 Vail should accorftmodate most of the additional growth in existing
d evelo ped area sl,1 i nfi lt are as).
10
3.0 Commercial
3.1 ,1The hotel bed base should be preserved and used more
| , efficiently.\ ......''-
3.2 The Village and Lionshead areas are the best location for hotels to
serue the future needs of the destinafion skiers.
3.3 Hotels are important tqthe continued success of the Town of Vail,
therefore conversion t\condoniniums shou/d be discouraged.
3.4 Commercia! growth strouh Oe con66,ntrated in existing commercia!
areas to accommodate both local and visitor needs.
Village Core / Lionshead
4.2 lncreasQd densilyin the Core areas ls acceptable so long as the
existing Ytalfacter of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of VailVillage is important to the identity of Vail and
should be preserued. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
e nv i ron m e ntal q u al tU. )
Residential
/."5.1 \Aaitional residentiat growth shoutd continue to occur primarily in
e\isting,'platted areas and as appropriate in new areas where
high hazards do not exist.
4.0
5.0
5.2 atlqfty time share units.Ahould be accommodated to help keep
occq'pancy ratep gp. ''
5.3 Affordabte employge housing shoutd be made available through
plivqtg_ efforts,. assr'sfed by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace
demands for a full range of housing types.
5.5 ,, The existing employee housing base should be preserved and
\ upgraded. Additional employee housing needs should be
-Ed-commodated at varied sites throughout the community.
Staff Response:
Staff believes that the outlined sections of the Vail Land Use Plan are
being met, as the proposed development includes a balanced mix of
residential uses, high quality redevelopment of the existing site, infill
11
development within the Village arca, a better use of the bed base,
increased density, maintenance of Vail's ambiance, the provision of
quality time share units, and provisions (via public benefit) for six new
affordable beds.
Vail Vilfaqe Master Plan (in part)
The appficant's proposed redevelopment site is located within the "Vail Village
Master PIan" land use category. Staff believes that the following stated goals of
the Vail Mllage Master Plan are applicable to this application:
Goal #1: Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to susfarn lfs sense of community and identity.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Objective 1.3: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the Town.
Policy 1.3.1: Public improvements shall be developed with the working
participation of the private sector working with the Town.
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.
Objective 2.3: lncrease the number of residential units available for short term
ov er n ig ht acco m m o d ati on s.
Policy 2.3.1 The development of short term accommodation unils is
strongly encouraged. Residential units that are developed above existing
denstty levels are required to be designed or managed in a manner that
makes them available for short term overnight rental.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serve the needs of our
guesfs.
Policy 2.5.1: Recreation amenities, common areas, meeting facilities and
other amenities sha// be preserued and enhanced as a part of any
redevelopment of lodging properties.
Policy 2.5.2: The Town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate building
renovations without compromising life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing units through
the efforts of the private secfor.
Poticy 2.6.1: Emptoyee housing units may be required as part of any new
or redeveloped project requesting densrty over that allowed by existing
L2
zonrng.
Policy 2.6.2: Employee housing shall be developed with appropriate
restrictions so as fo insure their availability and affordability to the local
workforce.
Policy 2.6.3: The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance.
Goal l*3: To recognize as a top priority the enhancement of the walking experience
throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by landscaping
and other improvements.
Policy 3.1.1: Private development projects shall incorporafe streefscape
improvements (such as paver treatments, landscaping, lighting and
seating areas), along adjacent pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate locations
throughout Town.
Policy 3.1.3: Flowers, trees, water features, and other landscaping shall
be encouraged throughout the Town in locations adjacent to, or visible
ftom, public areas.
Objective 3.4: Develop additional sldewa/ks, pedestrian-only wallways and
accessib/e green space areas, including pocket parks and stream access.
Policy 3.4.2: Private development proiects shall be required to
incorporate new sidewalks along streets adiacent to the proiect as
designated in the Vail Village Master Plan and/or Recreation Trails
Master Plan.
Goal #5: lncrease and improve the capaciU, efficiency, and aesthetics of the
transpwtation and circulation sysfern throughout the Village.
Objective 5.1: Meet parking demands with public and private parking facilities.
Policy 5.1.1: For new development that is located outside the
Commercial Core I Zone District, on-site parking shall be provided (rather
than paying into the parking fund) to meet any additional parking demand
as required by the zoning code.
Policy 5.1.3: Seek locations for additional structured public and private
parking.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to
provide underground or visually concealed parking.
13
Goal #6: To ensure the continued improvement of the vital operational elements of the
Village.
Objective 6.1: Provide service and delivery facilities for existing and new
development.
Objective 6.2: Provide for the safe and efficient functions of fire, police and
public utilities within the context of an aesthetically pleasing resort setting.
Policy 6.2.1: Development projects and other improvements in Vail
Village shall be reviewed by respective Town Departmenfs fo identify both
the impacts of the proposal and potential mitigating measures.
Staff Response:
Staff believes that the goals, objectives and policies of the Vail Village
Master Plan are being met through the upgrading and redevelopment of
the Willows facilities; through the provision of public improvements via
private developers; an increase in the number of residential uses within
the Village which are above allowable density, but which are avaibbb for
short term rental; the development of an affordable housing unit and the
provision of five more affordable beds; physical improvements to the
pedestrian experience; the provision of public art; on-site concealed
required parking; and service and delivery facilities that will improve
automobile and pedestrian circulation and interaction along Willow Road.
L4
WILLOW CIRCLE SUB-AREA (#2)
Although immediately adjacent to the mixed use developments found in the Commercial Core
and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential
character. Condominium developments have occurred on all but one of the sub-area's parcels
and many of these properties are actively "short-termed" to overnight guesfs. /n most cases,
parking has been provided in underground structures. This design feature, coupled with the
Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this
area.
ln most cases, lhe levels of development throughout this sub-area greatly exceed what is
allowed under existing zoning (High Density Multi-Fanily). Gross resrdential floor area ratios
(GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all
properties within this sub-area are, developed at, or over, their permitted levels of development.
As such, there is liftle development potential left in this sub-area.
Residential uses dominate this sub-area and are proposed to continue with the exception of one
potential commercial space at the east end of the sub-area facing Willow Bridge Road.
Staff Response:
Staff believes that the residential character specified for this area, the
15
proposed short term rental opportunities, underground parking, and high
density residential uses are each congruent with the goals of the Master
Plan as they were stated for the Willows Circle Sub Area.
VailVillaoe Urban Desiqn Guide Plan and Desiqn Considerations (in part)
Certain aspects of the Vail Village Urban Design Guide Plan and Design Considerations apply
to The Willows redevelopment site. Only those sections which Staff found applicable to The
Willows redevelopment proposal are outlined below.
1. URBANDES/GNCONS'DERAT/ONS
These considerations relate to general, large-scale land use planning rssues, as
well as form considerations which affect more than one property or even whole
areas. These considerations are primarily the purview of the Planning and
Environ me ntal Commission.
A. PEDESTRIANIZATION
A major objective for Vail Village is to encourage pedestrian circulation
through an interconnected network of safe, pleasant pedestrian ways.
Many of the improvements recognized in the Urban Design Guide Plans,
and accompanying Design Considerations, are to reinforce and expand
the quality of pedestrian walkways throughout the Village.
Since vehicular traffic cannot be removed from certain sfreefs (bus
routes, delivery access), a totally care-ftee pedestrian sysfem is nof
achievable throughout the entire Village. Therefore, several levels of
pedestrianization have been identified (illustration outlined in Plan and not
included in this memorandum).
Staff Response:
An aspect of The Willows redevelopment public benefit involves providing
an improved pedestrian experience through the construction of a paver
walk and new asphalt drive lane. Additionally, the applicant is proposing
to remove loading and delivery from Willow Road by constructing a porte
cochere at the entry to the site. Staff believes that the "Pedestrianization"
goal of the Urban Design Considerations is being upheld in this
redevelopment proposal and its associated public benefits (see
Attachment H for streetscape details).
C. STREETSCAPEFRAMEWORK
To improve the quality of the walking experience and give continuity to
the pedestrian ways, as a continuous sysfem, two general types of
improvements adjacent to the walkways are considered:
1. Open space and landscaping, berms, grass, flowers and tree
planting as a sott, colorful framework linkage along pedestrian routes; and
plazas and park greenspaces as open nodes and focal points along those
roufes.
IO
E.
It is not intended to enclose all Village sfreefs with buildings as in the core
areas. Nor ls fi desirable to leave pedestrian slreefs in the open in
somewhat undefined condition evident in many other areas of Vail.
Rather, it is desired to have a variety of open and enclosed spaces, both
built and landscaped, which create a strong framework for pedestrian
walks, as well as visual interest and activity.
Staff Response:
Staff believes that the "Streetscape Framework" along Willow Road will
be improved, through the architectural variation of the north edge of the
building and roof ridges, the increased setback from Willow Road (from
15'to 23'at the main entrance to the building) and the proposed
slreetscape improvements.
STREET EDGE
Buildings in the Village core should form a strong but inegular edge to the
sfreef.
Unlike many American towns, there are no standard setback
requirements for buildings in Vail Village. Consisfenf with the desire for
intimate pedestrian scale, placement of portions of a building at or near
the property line is allowed and encouraged to give strong definition to the
pedestrian streefs.
Ihis ls not to imply continuous building frontage along the property line.
A strong street edge is impoftant for continuity, but perfectly aligned
facades over too long a distance fends to be monotonous. With only a
few exceptions in the Village, slightly irregular facade lines, building iogs,
and landscaped areas, give the life to the street and visual interest for
pedestrian travel.
Where buildings /bg to ueate activity pockets, other elements can be
used to continue the street edge: low planter walls, tree planting, raised
sidewalks, brture changes in ground surface, arcades, raised decks.
Plazas, patios, and green areas are important focal points for gathering,
resting, orienting and should be distributed throughout the Village with
due consideration to spacing, sun access, oppoftunities for views and
pedestrian activity.
Staff Response:
Staff believes that the "Street Edge" as specified in the Urban Design
Considerations will be preserved through "irregular fagade lines, building
jogs, landscaped areas", low walls, front-facing patios, and other
architectural aspects of the proposed plan. Additionally, the porte
cochere will further vary the street edge, which Staff believes is congruent
with this aspect of the Design Considerations.
L7
2.
SUN / SHADE
Due to Vail's alpine climate, sun is an important comfort factor, especially
in winter, fall and spring. Shade areas have ambient temperatures
substantially below those of adjacent direct sunlight areas. On all but the
warmest of summer days, shade can easily lower temperatures below
comfortable levels and thereby, negatively impact use of those areas.
All new or expanded buildings should not substantially increase the spring
and fall shadow line (March 21 - September 23) on adjacent properties or
the public right-of-way.
In all building construction, shade shall be considered in massing and
overall height consideration. Notwithstanding, sun/shade considerations
are not intended to restrict building height allowances, but rather to
influence the massing of buildings. Limited height exceptions may be
granted to meet this criterion.
Staff Response:
The applicant has submitted a sun/shade analysis which reflects the
shadow of the proposed Willows building at three separate times of the
year; March, September, and December (Attachment l). lt appears that
the most notable areas of new shading will occur along the 44 Willow
Road building and property during the winter months. This increased
shading is likely a result of the increased mass of the building at the
southern half of the property, replacing the area that is cunently
designated to the above grade parking structure.
Staff believes that the uses'underneath" the newly shaded uses will not
be negatively affected, because the shadows primarily occur over the
driveway aisle entrance to the new Willows building (which drive is
heated) and along the property line of 44 Willow Road, which does not
appear to be a common pedestrian or use conidor. Regarding the spring
and fall shadow lines, Staff believes that since the height of the proposed
building is essentially the same as the height of the existing building, the
shadows cast during those seasons will primarily occur upon the Willows
property, with some shadow overlap onto the 44 Willow Road property.
Overall, Staff believes that the sun/shade analysis will not negatively
impact the use of the affected areas.
ARCH ITECT U RqIAN D S CAPE CO NS I DERAT I O N S
ROOFS
Where visible, roofs are often one of the most dominant architectural
elements in any built environment. In the Village roof form, color and
texture are visibly dominant, and generally conslsfeni which tends to
unify the building diversity to a great degree. The current expression, and
objective, for roofs in the Village is fo form a consistently unifying
backdrop for the architecture and pedestrian sfreefscape, and to avoid
roofs, which tend to stand out individually or distract visually from the
18
overall character.
Roof Forms
Roofs within the Village are typically gable in form and of moderate-to-low
pitch. Shed roofs are ftequently used for small additions to larger
buildings. Freestanding shed roofs, butterfly roofs and flat roofs can be
found in the Village but they are-generally considered to be out of
character and inappropriate. Hip roofs likewise are rare and generally
inconsistent with the character of the Core Area. Towers are exceptions,
in both form and pitch, to the general, crrteria, but do have an established
local vernacular style, which should be respected.
Pitch
Roof s/opes in the Village typically range from 3/12 to 6/12, with slightly
steeper pitches in limited applications Again, for vlsual conslstency this
general 3/12-6/12 range should be preserved. (See Consfruction below)
Overhangs
Generous roof overhangs are also an established architectural feature in
the Village - a traditional expresslon of shelter in alpine environments.
Roof overhangs typically range ftom 3 to 6 feet on all edges. Speciflc
deslgn consideration should be given to protection of pedestrian ways
adjacent to buildings. Tee falls, snow sfdes, and runoff hazards can be
reduced by roof orientation, gutters, arcades, etc.
Overhang details are treated with varying degrees of ornamentation.
Etructural elements such as roof beams are expressed beneath the
overhangs, simply or decoratively carved. The roof fascia is thick and
wide, giving a substantial edge to the roof.
Compositions
The intricate roofscape of the Village as a whole is the result of many
individual simple roof configurations. For any single building, a varied but
simple composition of roof planes is preferred to either a single or a
complex arrangement of many roofs. As individual roofs become more
complex, the roof aftracts visual attention away from the streetscape and
the total roofscape tend toward 'busyness" rather than a backdrop
composition.
SfeppedRoofs
As buildings are stepped to reflect existing grade changes, resulting roof
sfeps shou/d be made where the height change will be visually significant.
Variations which are too subtle appear to be more sfy/isflc than functional,
and out of character with the more straightforward roof design typical in
the Village.
Materials
Wood-shakes, wood shingles, and built-up tow and gravel are almod.
exclusively used as roof materials in the Village. (See Construction
below.) For visual consistency, any other materials should have the
appearance of the above.
L9
Staff Response:
The applicant is primarily proposing gabled roof forms, with the exception
of several secondary shed roof forms and one tower element above the
entryway to the site. Overhangs occur at every roof edge, with an
average overhang of three and a half feet (3 %'). Ihe pitches of the
proposed roof range from 2:12 in one area lo 12:12 at the tower element,
with the majority of forms portraying a 4:12 - 6:12 pitch. The applicant is
proposing to locate most of the mechanical equipment within the lower
parking structure level. However, all additional mechanical equipment
designated for rooftop use will be placed along the single flat portion of
the roof and screened by a parapet wall. The screening and design will be
discussed further by the Design Review Board.
Staff believes that the proposed plans adequately comply with the Roof
guidelines specified within the Design Considerations.
FACADES
Materials
Sfucco, brick, wood (and glass) are the primary building materials found
in the Village. While not wishing to restrict design fteedom over-much,
existing conditions show that within this small range of materials-much
variation and individuality are possible while preserving a basic harmony.
Too many diverse materials weaken the continuity and repetition, which
u n ifies the sfreefscape.
Of the above materials, sfucco ls fhe mosf consistently used material.
Most of the buildings in the Village exhibit some stucco, and there are
viftually no areas where stucco is .entirely absent. lt is intended to
preserve the dominance of stucco-by ifs-use in portions, at least, of all
new facades, and by assuring that other materials are not used to the
exclusion of stucco in any sub-area within the Village.
Color
The intent of fhese regulations regarding color shall be to provide greater
latitude in the use of color in Vail Village in order to create visual interest
and to enliven the area. Colors used should retain a discernible
consisfency within a general range of colors relating well to the colors
found in the sunounding mountain backdrop of Vail, but need not be
specifically found in that environment.
All colors used sha// relate to the colors of the natural materials found on
the buildings like wood fones, s/afe roof colors, sfone colors and the like.
Additionally all building colors shall work with the colors of the buildings in
proximity as well as with all natural landscape materials found nearby.
While there is no restriction per se on specific hues, primary colors of high
chroma shall not be used on building surfaces but can be used in a
limited fashion for accents. Body colors, both siding and stucco, shall be
rich and lively but must be less chromatic sfiades, which relate to natural
20
colors and can be either light or dark. All stucco shall have a flat finish.
Generally, to avoid both'busyness", and weak visual interest, the variety
of major wall colors (and materials - excluding g/ass) shou/d not exceed
four nor be less than two.
A color/material change between the ground floor and the upper f/oors is
a common and effective reinforcement of the pedestrian scale of the
sfreef.
High chroma colors can be used for signage, accents, doors, canopies,
wall graphics and other streetscape (see E Accent Elements).similar
elements as long as they do not dominate either the building they are
used on, the adjacent buildings, or the
The color schemes for all properties sha// be considered on a case-by-
case basis.
Transparency
Pedestrian sca/e is created in many ways, but a maior factor is the
openness, attractiveness, and generally public character of the ground
floor facade of adjacent buildings. Transparent store fronts are 'people
attractors", opaque or solid walls are more private, imply "do not
approach'.
On pedestrian-oriented streefs such as in the Village, ground floor
commercial facades are proportionately more transparent than upper
floors. Upper floors are typically more residential, private and fhus /ess
open.
As a measure of transparency, the most characteristic and successfu/
ground floor facades range from 55% to 70% of the total length of the
commercial facade. Upper floors are often the converse 30%-45%
transparent.
Staff Response:
The proposed building is composed of a variety of wood, stucco, and
stone, all of which are specified as preferable for use within Village areas.
Natural colors will be used, though the specifics of number and location of
colors will be discussed between the Design Review Board and the
applicant in subsequent meetings. A material change is specified
between floors and the amount of transparency at the lower floor is
greater than that of above floors, in spite of the lack of any commercial
space.
Staff believes that the applicant is fully compliant with the "Facades"
section of the Urban Design Considerations.
WNDOWS
ln addition to the general degree of transparency, window details are an
important source of pedestrian scale-giving elements.
2t
The size and shape of windows are often a reqponse to the function of
the street adjacent. For close-up, casual pedestrian viewing windows are
typically sized to human-sized dimensions and characteristics of human
vision. (Large glass-wall storefronfs suggesf uninterrupted viewing, as
ftom a moving car. The sense of intimate pedestrian scale is diminished.)
Ground floor display windows are typically raised slightly (sic) and do not
extend much over I feet above the wall<way level. Ground floors which
are noticeably above or below grade are exceptions.
The articulation of the window ltse/f is still another element in giving
pedestrian scale (human-related dimensions). G/ass areas are usually
subdivided fo express individual window elements - and are further
subdivided by mullions into small panes - which is responsrb/e for much of
the old-world charm of the Village.
Similarly, windows are most often clustered in banks, juxtaposed with
plain wall surfaces to give a pleasing rhythm. Horizontal repetition of
single window elements, especially over long disfances, should be
avoided.
Large single pane windows occur in the Village, and provide some
contrast, as long as they are generally consisfenl in form with other
windows. Long continuous g/ass is out of character.
Bay, bow and box windows are common window details, which further
variety and masslng fo facades - and are encouraged.
Reflective g/asg p/asflc panes, and aluminum or other metal frames are
nof conssfent in the Village and should be avoided. Metahclad or plastic
clad wood frames, having the appearance of painted wood have been
used successfully and are acceptable.
Staff Response:
The architecture of the building includes provision of subdivided glass,
which the Considerations point out as integral for Village applications.
There is some horizontal replication of glass at the lowest level, an item
which Staff will address before the Design Review Board at the
appropriate time. Overall, Staff believes that the architecture meets the
intent of the "Windows" specifications of the Urban Design
Considerations.
DOORS
Like windows, doors are impoftant to character and scale-giving
architectural elements. They should also be somewhat transparent (on
retail commercial facades) and consistent in detailing with windows and
other facade elements.
Doors with glass contribute to overall facade transparency. Due to the
visibility of people and merchandise inside, windowed doors are
somewhat mue effective in drawing people inside to retail commercial
22
facades. Although great variations exls{ 25-30% 1 transparency is felt to
be a minimum transparency objective. Private restdences, lodges,
restaurants, and other non-retail establishments have different visibility
and character needs, and doors should be designed accordingly.
Sidelight windows are also a means of introducing door transparency as a
complement or substitute for door'windows.
Articulated doors have the decorative quality desired for Vail. Flush
doors, Iight aluminum frames, plastic applique elements all are
considered inappropriate.
NOTE: Security is an important design consideration in Vail. Deadbolt
locks are encouraged. Locks, dou handles and g/ass should all be
designed to discourage break-ins.
Security-design dlscussions with the Town police staff are encouraged.
As an expression of entry, and sheltered welcome, protected entyways
are encouraged. Doorways may be recesse4 extended, or covered.
Staff Response:
The applicant is proposing to construct doors with glass and a porte
cochere (i.e. "protected overhang") at the entrance to the building, thus
satisfying the "Doors' specifications of the Urban Design Considerations.
TRIM
Prominent wood trim is a/so a unifying feature in the Village. Particularly
at ground floor levels, doors and windows have strop, contrasting
(see Color-Facades) framing elements, which tie the various elements
together in one composition. Windows and doors are treated as sfrong
visual features. G/ass-wa// detailing for either is typically avoided.
Staff Response:
The applicant is proposing to add wood trim to the fenestration at all
levels of the building. Staff believes that the applicant thus satisfies the
"Trim" specifications of the Urban Design Considerations
DECKS AND PATIOS
Dining decks and patios, when properly designed and sited, bring people
to the streets, oppoftunities to look and be looked at, and generaily
contribute to the liveliness of a busy street, making a richer pedestrian
experience than if those sfreefs were empty.
A review of successfu/ decks/natios in Vail reveals several common
characteristics:
- direct sunlight from 11:00 - 3:00 increases use by many days/year and
protects from wind
- elevated feet to give views into the pedestrian walk (and not the reverse)
23
- physical separation from pedestrian walk of to (planter better than a
wall) overhang gives pedestrian scale/ shelter.
Decks and pafios shou/d be sited and designed with due consideration to:
- sun - views
- wind - pedestrian activity
Staff Response:
According to the submitted elevation drawings, the applicant is proposing
to add approximately eighteen (18) decks and two (2) patios to the north
side of the building alone. Similar numbers of decks, balconies, and
patios are located upon other elevations of the building. Staff believes
that the decks proposed upon the building will offer views upon the
pedestrian walk at Willow Road at the north elevation, direct sunlight
during many days of the year at the south elevation, and physical
separation from adjoining residential uses at the east and west
elevations. Staff believes that through these provisions, the applicant
thus satisfies the "Decks and Patios' specifications of the Urban Design
Considerations.
BALCONIES
Balconies occur on almost all buildings in the Village which have af /easl
a second level facade wall. As strong repetitive features they:
- give scale to buildings
- give life to the street (when used)
- add variety to building forms
- provide shelter to pathways below.
The prominence of balcony forms ls due to several fairly common
characteristics:
Color
They contrast in color (darQ wfth the building, typically matching the trim
colors (see Facade-Color)
Size
They extend far enough from the building fo casf .a prominent shadow
paftern. Balconies in Vail are functional as well as decorative. As such,
they should be of useable size and located to encourage use. Balconies
/ess fhan six feef deep are seldom used, nor are those always in shade,
not oriented to views or street life.
lllass
They are commonly massive yet semi-transparent, distinctive from the
building, yet allowing the building to be somewhat visible behind. So/rd
balconies are found occasionally, and tend to be too dominant obscuring
the building architecture. Light balconies lack the visual impact which ties
the Village together.
24
Materials
Wood balconies are by far fhe most common. Vertical stuctural
members are the most dominant visually, often decoratively sculpted.
Decorative wrought iron balconies are also consisfent visually where the
vertical members are close enough to create semi-transparency. Pipe
rails, and plastic, canvas or glass panels should be avoided.
Construction
Cantilevered beams, beams extended to support the balcony, are most
often visibly exposed on the underside of balconies. As such they are an
expresslon of structure and tie the balconies to the building visually.
Staff Response:
According to the submitted elevation and plan drawings, the proposed
balconies range from three feet (3') to eleven feet (11') in depth, likely of a
significant enough depth to cast a shadow. The proposed decks will be
constructed of wood, and most will include vertical structural members.
Specific aspects of color will be discussed by the Design Review Board.
Staff believes that the applicant has satisfied the "Balconies"
specifications of the Urban Design Considerations.
ACCENT ELEMENTS
The life and festive quality of the Village is given by judicious use oi
accent elements which give color, movement and contrast to the Village.
Colorful accent elements conslsfenf existing character are
encouraged, such as;
Awnings and canopies - canvas, bright color or sfnpes of two colors.
Flags, banners - hanging from buildings, poles, and even across sfreefs
for special occasions.
Umbrellas - over tables on outdoor patios.
Annual color flowers - in beds or in planters.
Accent lighting - buildings, plazas, windows, trees (even Christmas lights
all winte).
Painted wall graphics - coafs of arms, symbols, accent compositions, etc.
Fountains - sculptural, with both winter and summer character.
Staff Response:
Specific aspects of accent elements will be discussed by the Design
Review Board. Staff believes that'Accent Elements" specified within the
Urban Design Considerations will be well addressed at that time.
LANDSCAPE ELEMENTS
Landscape considerations include, but go beyond, the placement of
appropriate plant materials. Landscape considerations include:
- plant materials
- paving
- retaining walls
z3
Irees
Nanow-leaf
coftonwood
Balsam poplar
Aspen
Lodgepole pine
Colorado spruce
Subalpine fir
- sfreef furniture (benches, kioskg trash, etc.)
- lighting
- signage
Plant Materials
Opportunities for planting are not extensive in the Village, which places a
premium on the plant selection and design of fhe sifes that do exist.
Framework planting of trees and shrubs should include both deciduous
and evergreen specles for year round continuity and interest.
Native plants are somewhat limited in variety, but are clearly best able to
withstand the harsh winter climate, and to tie the Village visually with its
mountain setting.
Some typical local plant materials include:
Sfrubs
Willow
Dogwood
Serviceberry
Alpine currant
Chokecherry
Mugho pine
Potentilla
Buffaloberry
Pavine
The freeze/thaw cycle at this altitude virtually eliminates common site-
cast concrete as a paving surface (concrete spall). High-strength
concrete may work in selected conditions. Asphalt brick (on concrete or
on sand), and concrete block appear fo be besf suifed to the area.
ln general, paving treatments should be coordinated with that of the
public R.O.W: adjacent. The Town uses fhe following materials for all
new construction:
- asphalt - general use pedestrian sfreets
- brick on concrete - feature areas (plazas, intersections, fountains, etc.)
Retaininq Walls
Retaining walls to raise planting area often protects the landscape from
pedestrians and snowplows, and should provide seating opporlunities.
Two types of material are already well established in the Village and
should be utilized for continuity.
- split-face moss rock veneer - Village Core pedestrian sfreefs (typical)
- rounded cobble hidden moftar - in open space areas if above type not
already established nearby. (example: Town of Vail entry wall)
26
Wood retaining walls are strongly discouraged due to deterioration
caused by the harsh climate. They may be effectively used with
appropriate detailing to resist rot and express crafted joint conditions.
Liqhtinq
Light standards should be coordinated with those used by the Town in the
public R.O.W.
Slbnaqe
Refer to Town of Vail Signage Ordinance.
Colorful annuals are used in key locations throughout the Village to
accent pedestrian areas, highlight building entries, and as plaza focii.
These color accenfs can be provided in:
- retained planting beds
- flower boxes
- hanging pots, baskefs
- ground beds
Staff Response:
Currently, the applicant has submitted a general landscape plan signifying
landscaping between structures at the east and west sides of the property
and landscaping along the entire southern property line. Specific
landscaping materials have yet to be specified. However, Staff is
confident that "Landscape Elements" will be well addressed to the
satisfaction of the Design Review Board at the appropriate time.
E. Natural and/or Geologic Hazards: ldentification and mitigation of natural
and/or geologic hazards that affect the propefi on which the special
development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, The Willows development
site is not located in any geologically sensitive areas. Therefore, Staff believes that the
application complies with this criterion.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the communityr.
The proposed site plan shows the building encroaching into each of the required
setbacks upon the property. However, the site design reflects areas of less
encroachment into the sensitive areas between buildings. Additionally, less
encroachment now occurs at the above grade portions of the north side of the building
than has occurred previously. The areas of greatest encroachment occur at the south
side of the property, adjacent to Vail Road. Staff believes that the site plan signifies a
functional development that is responsive to natural features and the overall aesthetic
quality of the community.
27
The building design is quite similar to that of recently renovated or rebuilt structures in
the vicinity. The applicant has stated that each of the notable existing trees upon the
site will be able to be maintained throughout construction, though submittal of an
arborist's report stating the same is pending, per the Design Review Board's request.
The south side of the property is the only area in which some grade change naturally
occurs upon the property. However, due to the similar locations of the existing parking
structure and the proposed new building, extensive site changes and reconfiguration will
be unnecessary. Therefore, Staff has found that the design is responsive and sensitive
to natural features, vegetation and the aesthetic quality of the neighborhood.
The proposed location of the building upon the site is the result of consideration for both
the interest of the existing and future Willows owners as well as the interests of
surrounding neighbors to the east and west. The open space areas proposed upon the
redeveloped property pay respect to the adjacent property owners and the future owners
of the proposed units, particularly the areas of lower height at the west side of the
building, and the courtyard area at the east side of the building.
Staff believes that the applicant has proposed a responsive and sensitive design upon
the subject site.
G. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The Town of Vail Public Works Department has reviewed the proposed plans for
circulation to ensure that the site design and vehicular and pedestrian interaction are
satisfactory. Following the review of the plans, the Public Works Department forwarded
their written final comments in a memorandum dated October 20, 2006 (Attachment F).
Subsequently, an additional site plan and a revised driveway proposal have been
submitted by the applicant, both of which address the comments within that
memorandum. Staff has requested that as a condition of approval of this SDD request
all remaining items be addressed to the satisfaction of the Public Works Department
prior to building permit submittal. Staff is confident that outstanding items will not be of
primary importance to the PEC.
A trafiic report has been submitted by the applicant which addresses weekday peak trip
generation rates (Attachment J). An overall decrease in the number of AM and PM peak
hour trips will occur with the construction of eighteen (18) dwelling units, ten fewer
dwelling units than exist today. The interaction between pedestrians and vehicles along
Willow Road is expected to improve due to the applicant's proposal for streetscape
improvements, including an eight foot paver pedestrian sidewalk, and a twelve foot
newly-paved righfof-way lane. Currently, no curb and gutter or sidewalk exists along
Willow Road. Additionally, the proposed porte cochere will lessen the amount of
temporary parking which occurs along Willow Road currently.
Staff believes that the applicant has designed a circulation system that will result in
improved functionality for both vehicles and pedestrians and which addresses well lhe
issues of on and off site traffic circulation.
28
H. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and functions.
The proposed building is shaped as a "U", providing a large open plaza area at the east
side of the property which includes heavy landscaping, the recreational amenity of a pool
for owners and guests, and views to and from the mountain. Additional landscaping is
being proposed along the northern (front), western, and southern property lines to allow
for screening to and from the proposed Willows building. Staff believes that additional
meetings with the Design Review Board will allow for even more improvement to the
landscaping proposal.
However, Staff finds that the landscaping proposal, as submitted today, has achieved
optimization and preservation of natural features, such as the grade to the rear of the
property; recreation, in the provision of an onsite pool and spa; views, both for
homeowners towards the mountain and towards the park; and functions for owners and
guests of the Condominiums.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The applicant is proposing to construct the project in one phase. No subdivision of the
property will be necessary to facilitate the development of the project. Staff believes that
the proposal complies with this criterion.
VIII. STAFFRECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission fonivards a recommendation of approval, with conditions
to the Vail Town Council of the development application to establish Special
Development District No. 40, The Willows, located at 74 Willow Road/Lot 8, Block 6, Vail
Village 1"t Filing. Staffls recommendation is based upon a review of the criteria and
findings as outlined in this memorandum and from the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, with conditions, of the applicant's request, staff
recommends that the following findings be made as part of the motion:
Soecial Develooment District No.40, The Willows
'That the proposa/ fo esfablish Special Development District No. 40, The Willows,
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction of
the Commission, based upon the testimony and evidence presented during the
public hearing, that any adverse effects of the requested deviations from the
development sfandards of the underlying zoning are outweighed by the public
benefits provided. Lastly, the Commission finds that the request is consistenf
with the development goals and objectives of the Town.
29
With regard to proposed building setbacks, that:
a. Proposed building setbacks provide necessary separation between buildings
and riparian areas, geologically sensdiye areas and other environmentally
sensifive areas.b. Proposed building selbacks comply with applicable elements of the Vail
Village Urban Design Guide PIan and Design Considerations.c. Proposed building setbacks will provide adequate availability of light, air and
open space.d. Proposed building sefbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed building sefbacks will result in creative deslgn so/ufions or other
public benefits that could not otherwise be achieved by conformance with
p re scri bed setb ack sta nd ard s.
With regard to proposed Gross Resldential Floor Area, that:
a. The proposed gross resldential floor area of 200% of the allowable, and the
additional six dwelling units over the allowable, or 150% of the allowable
number of unrts in the High Density Multiple Family zone district, are in
conformance with applicable elements of the Vail Comprehensive Plan.
With regard to proposed site coverage, that:
a. Though the proposed site coverage of 67% of the site exceeds that which is
allowed within the High Density Multiple Family zone district, the proposed
above grade, or perceived, site coverage of 50% of the site area is in
conformance with the 55% site coverage allowance within the High Density
Multiple Family zone district and is in conformance with the applicable
elements of the Vail Comprehensive Plan.
That the development is in compliance with the purposes of the High Density Multiple
Family zone district, that the proposal is congstenf with applicable elements of the
Vail Village Master PIan, the Vail Land Use Plan, the Vail Sfreefscape Master Plan,
and the Vail Village Urban Design Guide Plan and that the proposal does not
otherwise have a significant negative effect on the character of the neighborhood,
and that the proposal substantially complies with other applicable elements of the
Vail Comprehensive Plan."
Should the Planning and Environmental Commission choose to recommend approval
the applicant's requests, staff recommends the following conditions:
The Developer shall address the following conditions of approval prior to appearing
before the Vail Town Council for second reading of an adopting ordinance for the
establishment of Special Development District No. 40, The Willows:
1. The Developer shall prepare a written agreement, for Town Council review and
approval, outlining the responsibilities and requirements of the stated public
30
benefits, as indicated within this memorandum. This agreement shall include,
but not be limited to, the provision of one Employee Housing Unit onsite; the
provision of five employee beds offsite, provided through contribution to a pay-in-
lieu system or purchased through the "buy down program"; all streelscape
improvements along Willow Road, including an eight foot (8') paver sidewalk for
pedestrians and a twelve foot (12') wide right-of-way lane; and details for a
specific provision of public art, which amount and location shall be determined by
the applicant and reviewed with the Art in Public Places Board.
The Developer shall address the following conditions of approval prior to submitting a
buibing permit application (a grading permiVexcavation permit shall constitute a building
permit);
1. The Developer shall complywith all outstanding final comments of the Town of
Vail Public Works Department outlined in the attached memorandum dated
October 20,2006.
2. The Developer shall ensure that the proposed redevelopment plans comply with
all requirements of the Town of Vail Fire Department.
The Developer shall address the following conditions of approval prior to requesting a
temporary certificate of occupancy or a final certificate of occupancy;
1. The Developer shall commence initial construction of the Willows improvements
within three years from the time of its final approval at second reading of the
ordinance establishing Special Development District No. 40, and continue
diligently toward the completion of the project. lf the developer does not begin
and diligently work toward the completion of the special development district or
any stage of the special development district within the time limits imposed, the
approval of said special development district shall be void. The Planning and
Environmental Commission and Town Council shall review the special
development district upon submittal of an application to reestablish the special
development district following the procedures outlined in Section 12-94-4, Yat
Town Code.
2. The Developer shall provide one deed-restricted housing unit onsite that
complies with the Town of Vail Employee Housing requirements (Chapter 12-13)
and secure five (5) additional beds within the Town of Vail, as stated in the
written agreement to be drafted for the passage of Special Development District
No.40.
ATTACHMENTS
A.
B.
c.
D.
E.
F.
G.
H.
Vicinity Map
Applicant's Request and Application Forms
Reduced plans of the proposal dated November 6, 2006
Adjacent properties development summary
Different Design Outlines diagram
Public Works memo dated October 20,2006.
Driveway option plan dated November 6, 2006.
Proposed Streetscape drawings dated November 8, 2006.
31
l. Sun/Shade Analysis dated November 7, 2006.J. Traffic report and site distance diagram from Alpine Engineering dated October
't2,2006.K. Gross Square Footage of Units by Floor, dated October 13, 2006.L. Public NoticeM. Adjacent owners mailing listN. Letters from Public
32
o
THEWILLOWS
A NEW TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT
I
l
o
Attachment B
o
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October 17,2006
a
o
1.
1.
2.
3.
aJ.
1.0
l.l
1.2
2.0
2.1
3.0
3.1
3.2
J.J
3.4
3.5
3.6
3.7
4.0
7.0
Attachments:
Introduction
Summary of Request
Purpose ofReport
Existing Conditions
The Willows History
Proposed Plan
Project Description
Architecnral Design
Utilities
Detailed Zonng Analysis
Employee Housing
Rental Opportunities
Public Benefits
f,.
5.
7.
7.
8.
12.
t4.
15
5.0
6.0
Special Development District Review Cr'iteria 17.
Conditional IJse Permit Review Criteria
Town of Vail Comprehensive Plan
and Master Design
Key Features 27.
Town of Vail application form
Letter of authorization
Architectural plans and topographic site survey
21.
23.
7.2 Purpose of RePort
The purpose of ttris report is to provide information relative to an application for a
Town of Vail Special Dwelopment District (SDD) zoning designation and for a
Town of Vail ionditional Use Pernit (CUP). Submital requirements for the
.formal establishmcnt of an SDD and for the review of a Conditional Use Permit
are set forth in the Town ofVail devclopme,ntrcgulations. This application
complies with all of the zubmittal requireimenb as outlined in the Tou,n of Vail
SDD Apphcsltion Form and CIJP AprplicationForm packets.
2
o
conformance and the building exceeds the allowable GRFA limitation. The only
HDMF development standard that is met by the current building is the 48'
building height.
The Willows Condominiurns has always been governed by a very interesting and
unique set of condominium association documents and covenants.
The twenty-eight units are each owned in fee simple. There are currently twenty-
six ownen, with two owners each holding title to two units. The condominium
declarations restrict the owner of each unit to thirty days of suulmer use and thirty
days of winter use. All of the other time the units are placed in an actively
managed rental pool. Each unit owner is a partner in the Willows Management
company, which provides the management, marketing and rental operations.
Each of the twenty-seven one-bedroom units is identical in floor plan and in
d6cor. Since the completion of the building in l97l all of the units have been
maintained and fumished in an identical manner. Owners have not, and are not
allowed to, make any individual upgrades or to conduct remodels of their own
unit. In fact, while uiing the property, owners often stay in tlre most desirable unit
available and notnecessarily in the unit to which they actually hold title. Since all
of the units are finished and furnished in an identical manner the upper floor
mountainside units tend to be favored.
This type ofcondominium declaration is fairly unique and appears to be a
predecessor to the fractional fee concept.
unit building with a new building that will include nine two-bedroom fractional
fee units and nine whole ownership units.
The nine fractional units will be divided as l/4 shares, resulting in thirty-six
available shares. Each of the existing Willows twenty seven 596 square foot,
thirty-six year old one-bedroom units,and the 446 square foot studio unit will be
exchanged for one l/4 share fractional fee ownership of a brand new beautifully
finished twq-bedroom unit of approximately 1200 square feet in size- The
existing Mllows Condominium Association will receive title to the remaining
fwo units (eight U4 shares). Although these shares may eventually be sold to
individual buyers the initial concept is that the Willows Condominium
Association will hold these shares for several years and place them in the active.
rental pool. All nine of the fractional unib will be subject to a similar use
restriction as the existing Willows units. The owner of each l/4 share will be
allowed four weeks of summer use and four weeks of winter use. The remaining
four weeks of each l/4 share will be placed in the rental pool. The willows
Association will continue to operate an active rental and management Program.
The nine whole ownership units will be marketed for sale. Five of the whole
ownership units have been designed to include a bedroom with lock-off
capability. Each of the five lock-offs may be accessed and rented separately from
the primary unit.
The redeveloped Mllows building also includes an on-site Employee Housing
Unit. This unit, located in a very desirable ground floor corner of the building, is
designed as a 670 square foot one-bedroom unit. This EHU will be subject to the
standard Town of Vail.EHU deed restriction and will be made available for sale.
The new building will also includd a full front desk operation, a commoo lobby
area and a separate library room. The design includes an extensively landscaped
courtyard with a swimming. pool and spa faciliry. This pool garden will be a
tremendous amenity to the site and will be a focal point for both guesS and
owners.
The new willows will consist of three and four story building forms and will not
exceed the building height allowance of the existing HDMF Zone Dstrict. The
building will actually be lower than the existing building in some areas. The
redesign will also pull the building back further from the street, increasing the
front sitback area. Existing landscape wall improvements will be removed from
the street right-of-way. The area available for landscaping treatment is
significantly increased and all required parking will be located in a completely
enclosed parking garage directly below the building.
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3.4 Detailed Zoning Analysis
A. Proposed Uses
The HDMF Zone District allows for multiple family residential units and lodges
incluciing accessory eating, drinking, recreational orretail uses not occupying
more than 10% of the total GRFA. The HDMF district also allows a fairly
lengthy list of Conditioual Uses, including fractional fee units-
The historic use of the Willows propefiy has been residential with a unique form
. of covenant controlled usage.
The Willows redevelopment proposal maintains the residential use of the
property. There will'be no commercial comPonent to the Willows redevelopment
proposal. The redesigned building includes
_a
total of nineteen dwelling units.
Nine of these units will be designed as two-bedroom units of approximately 1200
square feet in size. These nine units will be deeded as 1/4-share fractional fee
units and will be operated in a very similar manner to the existing Willows
Condominiums. Each of the current Willows properfy owners will assume
ownership of one l/4 share of a unit. Each owner will be allowed four weeks of
summer season and four weeks of winter season use. Any unscheduled owner
time and the remaining four weeks of time allocated to each l/4 share will be
required to be placed in the Willows rental Program.
Fractional fee use is listed as a Conditional Use in the underlying HDMF zone
district. This application has been written to include a request for Conditional
Use permit to allow the fractional fee use. A specific resPonse to the Conditional
Use review criteria is included in a later section of this report. The current Town
of Vail definition of a Fractional Fee Club defines a fractional fee unit as "a
coudominium unit, pursuant to recorded documenlation as approved by the town
of Vail, has no fewer than six (O and uo more than (12) owners per unit".'' The
planned program fOr the Willows will result in four owDers per unit so the
Conditional Use Permit may not actually be a strict legal requirement of this
request.
There will also be nine whole ownership condominiums and one deed restricted
Employee Housing Unit. The whole ownership use is allowed as a use by right in
the HDMF Zone Diskict. A Conditional Use Permit has been submitted for
review of the Type III EHU request.
All otheraspects ofthe project, such as the parking garage' the front desk
operation and the pool garden courtyard are allowed as accessory uses to the
HDMFZone District.o
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The redevelopment proposal consists of three and four story building elements
and will maintain conformance with the 48' height allowance. In fact, the three
story elements of the proposed building are lower than the existing building.
E. Site Coverage
The HDMF Zone District includes a site coverage allowance of 55Vo of the total
site area. This equates to an allowable site coverage of I I ,595 square feet for the
Willows property. The existing building and parking structure have a site
coverage calculation of 12,638 feet, thus exceeding the allowance.
The actual building footprint of the proposed new building at grade, i. e. the
perceptible site coverage of the building, measures 10,820 square feet. This
perceptible site coverage of the actual building. footprint equates to 507o of the
site aiea und would be in conformance with he 55Vo site coverage development
standard.
The definition for measuring site coverage, howeter, includes all portions of a
building, including below grade portions. The parking garage below the new
Willowi building extends beyond the building footprint. There are extensive areas
of landscaping and courtyard on top of the parking garage, at grade level, that will
not appear as site coverage and will qualify as landscaPe area. The design team
believes this meets the intent, if not the definition, of the site coverage
development standard.
The proposed building, due to the extent of the underground parking garage, and
as siie cbverage is formally defined, has a site coverage measurement of 14,110
square feet.
F. Landscape Area
The proposed redevelopment plan include "
8&s"*e feet of landscaPe and
courtyard area and brings the site into confgfnance with this development
standard. This represents a substantial in6rease in the amount oflandscape area
on the site. Ttre primary means of accomplishing this is by moving the existing at
grade parking to'an enclosed garage underneath the building.
The HDMF Zone District requires 30Vo of asite to consist of landscape
improvements such as lawn areas, flower beds, courtyards, patios, walks or water
features. For the Willows site this equates to a requirement of 6343 square feet
oflandscape area. The existing site has been calculated to have only 2,848 square
feet of landscape area, which is well below the development standard of the zone
district.
l0
o
The building setbacks as proposed in the redevelopment plan vary greatly over the
site. The proposed building increases conformance with the front setback as the
building has been pulled back from Willow Road to allow for a loading and drop
off/pick up area. A porte-cochere roof extends out over the pick up/drop off area
to the property line to provide a sheltered entry.
Setbacks on the east, west and rear sides of the building vary considerably. This
design allows for a creative articulation of the architectural forms and building
mass and avoids long continuous walls and flat elevation planes along the
property lines- Along the east propefly line, where the adjacent building
encroaches to within inches ofthe property line the building design steps deeply
back into the site, creating a significant space and separation between the
buildings.
In the underground partriing garage the walls have been designed close to the
property line iu order to design efficient parkingand circulation sp4ces. These
subsurface portions of the building will be imperceptible from the exterior.
3.5 Employee Housing
1) Town of Vail existing policy
The Town of Vail has traditionally required the owners of new and redeveloped
projects to provide employee housing for tbe incremental increase in the number
of employees generated by a project. The Town has never formally codified this
requirement buthas consistently applied a housing generation fornula developed
by the firm of RRC Associates, Inc.
For development projects that comply with underlying zoning the policy has been
to provide housing for l57o of the incremental increase in employees. For
development projects that exceed underlying zoning standards the policy has been
to provide housing f.or30To of the incremental increase in employees.
The RRC employee generation formula lists a 0.4 employee demand per
residential dwelling unit.
The existing Willows project includes 28 condominium units. This equates to an
existing employee generation of ll.2 employees. (?3x0.4 = 11.2)
The proposed Willows redevelopment includes 18 condominium units. This
equates to an employee generation of ?.2 employees. ( 18 x O-4 ='7 .2)
The Willows redevelopment proposal would result in an overall reduction of 4
employees. Housing mitigation is required for the incremental increase. in
employee generation. In this case there is no incremental increase and therefore,
1',)
3.6 RentalOpoortunities
A primary goal of the Vail Village Master Plan is to maintain and to encourage an
active bed base in the Vail Village area. The Willows owners intend to continue
to operate the existing homeowner orvned management compatry and to establish
a use and rental program for the fractional units that.is very similar to the curent
Willows use pattern.
The{Drenty-eight fractional shares that are exchanged for the current Willows
units will be slbject to a condominium association covenrnt that will allow each .
owner four weeks of summer use and four weeks of winter use. All other weeks
and all weeks not actually utilized by the owners will be placed in the active
rental pool. The eight additional fractional shares will be owned by the Willows
Condominium Associati0n. Although these shares may eventually be sold'
subject to the same use covenants as described above, the intent of the association
is to hold these units in the active rental pool for at least afew years. In addition,
five ofthe wholly owned units have been designed to include alock-offstudio
unit.
This results in eighteen brand new high quality beds that will be fully utilized for
short term occupancy and the potential for five more rental beds within the lock
off units. This is a total of five beds less than currently available in the existing
Willows building. And these new beds will be a significant improvement over the
existing Willows beds. The existing one-bedroom units are 596 square feet in
size wiih ?'6" floor to ceiling heights. The size and configuration of these units
is not consistent with the marketplace and no longer meets tbe expectations of
many of the guests looking for Vail Village based accommodations.
3.7 Public Benefits
As an integral part of the Town of Vail SDD review and approval process there
has been a standard of public benefit that must be met. In general the appropriate
level of public benefit to be provided by a project has been directly relative to the
level of variation requested from the standards of the underlying zone district.
As has been stated above, the existing Willows Condominiums, as well as most of
the other properties of the Willow Circle neighborhood, exceed most of the
development standards of the existing zone district, including the density and the
GRFA. A redevelopment of the Willows Condominiums that would meet the
strict and literal standards of the HDMF Zone District, including density and
GRFA would include 12 or less units and 16,069 square feet of GRFA. In order
to meet these standards the redevelopment would most likely consist of 4 to 6
Iarge townhome units of 250O to 4000 square feet in size. This type of
redevelopment scenario, while meeting the standards of the underlying zone
t4
Door improvements on the east end. This streetscape improvement will
provide a significant public benefit to all pedesrian traffic that flows through
Willow Road from the west. This streetscape will provide an enlanced
pedestrian alternative to Meadow Drive and will allow direct pedestrian
access to Vail Village from Beaver Dam Road, the First Bank area and
Meadow Drive properties such as Villa Cortina. This improvement rePresents
a significant contribution to the goal of pedestrian connectivity from Vail
Village towards the west.
. The redevelopment of the Willows will result in a very desirable, high quality
fractional bwnership and rental Progftrm that will meet a key Town of Vail
goal of providing and maintaining active beds in the Vail Village core area.
These beautiful new two bedroom units will provide a much superior rental
ploduct over the existing one bedroom units. The larger unit size will open
the Willows to a family friendly market that the property has not been able to
serve over the years. The ownership and rental requirement covenant
structure will ensure that these beds remain actively occupied'
All of these public benefits can be accomplished with a building design that
increases conformance ofmany ofthe underlying zone district standards and
maintains the charm, character and integrity of the Willow Circle neighborhood.
The applicant believes this level ofpubiic benefitis appropriate to the level of
variation requested from the underlying zone district.
o
16
The alpine style of Vail Village architecture and the quality of building materials
have evolved and improved a great deal since the 1970 construction of the Willows.
The monolithic fagade and the brick and stucco exterior are not up to Par with the
surrounding neighborhood or with recent Vail Village improvements.
The design team has put a great effort into eusuring the proposed design is compatible
and sensitive to the immediate neighborhood. An overriding goal of the design team
bas been to achieve theprogram goals ofthe building without increasing the building
heigbt. We believe tbat the character, identity and visual character of the proposal are
in complete harmony with the objectives of this SDD criteria.
B. Usis, activity and density which provide a compatible, efficient and
workable relationship with surroundilg uses and activity.
Applicant response:
The existing neighborhood is singularly residential in use, with a mix of bighly
active rental programs and quiet exclusive second homes.
The proposed program strives to strike a compatible balance with this mix of
neighborhood activity levels while simultaneously meeting the goals of the
existing Willows owners, the goals of the development partDer and the overall
goals of the Town of Vail.
We believe the proposed density and use structure is the optimal Program to
balance these goals and objectives and provide an appropriate balance to the level
of residential activity of the immediate neighborhood.
C. Compliance with parking and loading requirements as outlined in
Title 12, Chapter 10, of the Town of Vail Municipal Code.
Applicant response:
The proposed Willows redevelopment meets or exceeds all requirements of the
parking regulations. The new building Presents an improved loading and drop
off/pick up area that witl reduce congestion on Willow Road.
The existing parking deck is in dire need of replacement and does not meet the
screening and visibiliry requirements of the.zone district.
All of the required parking for the proposed building will be located in a fully
enclosed parking garage below the buildiog.
D. Conformity with the applicable elements of tbe Vail Comprehensive
18
o
Applicant response:
The on site vehicular circulation system is designed to allow for simple and
convenient access to a single level of underground parking. An off street
loading/pick up area with a covered porte-cochere will eliminate existing
congestion on Willows Road.
E. Functional and esthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Applicant response:
The site plan includes a functional and esthetic landscape design that is
appropriate to the site. This landscape plan is only designed to a concePtual level
at this point in the review process. A fully detailed landscape plan will be
prepared for review by the Design Review Board.
I. Phasing plan or subdivision plan that will maintain a workable'
functional and efficient relationship throughout the development of the
special developm ent ilistrict.
Apolicant response:
All construction will take place in a single phase. The applicant will work with
both the Town ofVail and the neighborhood to develop an appropriate
construction management plan.
20
C. Effect upon the character of the area in which the proposed use is to be
located, includiry the scale and bulk ofthe proposed use in relation to
, surrounding uses.
Applicant Response:
The architecture of the proposed redevelopment of the Willows is a significant upgrade
from the existing building in style, form and materials. The architecture is very
compatible with the character of the area and with the established vernacular of Vail
Village and the surro'lding residential environs.
The ownenhip format does not have an effect upon the architectural design of the
building. The usage pattern of the proposed building will remain very similar to the
curreDt use of the curreRt building,
The inclusion of a Type III EHU does not negatively impact the character of the area or
the bulk and scale of the proposed building.
The redevelopment proposal is in full compliance wi0r the height allowance of the
HDMF Zone District and the bulk and mass of the building is in cbaracter with the. surrounding.uses. The Willows owners, Triumph Development and the design team have
made protecting the cbaracter of the neighborhood a high priori$ of the proposed
redevelopment plan.
22
Affordable employeie housing should be accommodated through private
efforts, assisted by limited incentives, and provided by the Town of Vail'
with appropriate restrictious.
Residential growth should keep pace wittr the market place demands for a
full range ofhousing tYPes.
The existing employee housing base should be preser-ved and upgraded'
Additionat employee housing needs should be accommodated at varied
sites throughout the communitY.
& Yail Village Urban Design Guide Plan
The Vail Village Master Ptan includes a maP that details the area subject to the Vail
Village Urban besign Guide Plan. The Wiliows Road - Willow Circle neighborhood
does iot technically fall within the guide plan area of influence. The design team has,
however, incorporated many of the ielevant architectural design elements of the plin into
fte building design.
In particular, the roof compositions and overhangs, the building materials, the style and
placement of windows and the balcony railing treatments are all in complete compliance
with the Vail Village Urban Design Guide Plan'
q Vail VillageMaster Plan
The Vail Village Master Plan does cover the general area from (and including) Ford Park
to Vail Road. this does include the Willow Road - Willow Circle neighborhood. The
following is a list of goals and objectives tbat support the Willows redevelopment plan'
GoaI I - Encourage high qualiry redevelopment while preserving unique
architectural scali of ttw iittog" in ortler to sustain its sense of community atrd
identity.
Obiective I .2 - Encourage the upgrading an'd redevelopment of
. residential and'comrnercialfacilities.
Objective 1.3 -Enhance new development and redevelopment through
pobli. i*ptouements done by private developers working in cooperation
with the town.
Goal 2 - To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole'
Objective 2.3 - lncrease the number of residential units available for short
term overni ght accommodations'
s?
5.4
24
o
o5' Buitding HeiSht Plan
The building height plan dcsignates the Willow Circle neigbborhood as appropriate for .
three and four story buildings. The proposcd'Willows building includes both three and
four story elements and is in complele cotrformance with this plan.
26
Attachment A
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Attachment B
THE WILLOWS
A NEW TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT
October 17,2006
o
THEWILLOWS
A NEW TOWN OF VAIL SPECIAL DEVELOPMENT DISTR]CT
App!icat
Triuurph Development, LLC
in parfirership with The Willows CondominiunAssociation Inc.
Architect
Resort Design Associates International
Civil Enginser
Alpine Engineering Inc.
LmdPlmine
ryhao & Assoqiates,Inc.
t
O
1.0
1.1
t.2
TABLE OF CONTENTS
Introduction
Summary of Request
Purpose ofReport
Existing Conditions
The Willows History
Proposed Plan
Project Description
Architectural Design
utilities
Detail ed Zonrng Analysis
Employee Housing
Rental Opportunities
Public Benefits
Special Development District Review Criteria 17.
Conditional Use Permit Review Criteria 2t.
Town of Vail Comprehensive Plan
and Master Design
Key Features
Town of Vail application form
Letter of authorization
Architectural plans and topographic site survey
1.
L
2.
2.0
2.1
3.
a.t
3.0
3.1
3.2
aaJ.J
3.4
3.5
3.6
3.7
4.0
5.0
6.0
23.
27.7.0
Attachments:
1.0 INTRODUCTION
1.1 Summary of Request
The Willows Condominiums is tuly one of Vail's early residential buildings.
Originally developed by Bob Lazier over the span of two years, from 1970 to
1971, the four story brick and stucco clad building has been well maintained but
has changed very little over the past 36 years. There is very little ownership
turnover in the Willows and most of the owners have been involved in the
building, and in the community, for many years.
Due to several factors, including.the age of the building the original construction
methods and updated life safety code requirements, the owners are facing a
sigrificant capital investment requirement. The Willows Condominium
Association has spent considerable time investigating various options and
opportunities. This application represents a request for the establishment of a new
Special Development District in t}te Town of Vail to allow the owners and a
development partner, Triumph Development, LLC, to pursue an opportunity to
redevelop the Willows building in a manner that addresses the goals of the owners
and also addresses many of the goals of the Town of Vail that are articulated in
various master planning documents. The existing Willows Condominiums
building, like most of the buildings in the Willow Circle neighborhood, is non-
conforming to almost every development standard of the High Density Multiple
Family Zone District (IIDNff). The applicants believe that this application
represents the type of 'flexibility and creativity in the development of land in
order to promote its most appropriate zse" that the Special Development Zone
District was desigaed to encourage.
The owners at The Willows understand that change for the Willows building is
necessary yet they also have a deep affinity for their neighborhood and feel very
stongly about protecting the existing character of Willow Circle. The owners
have worked very carefully with Triumph Development to create a thoughtful
solution that will not impact the character of the neighborhood in a negative
manner. The redevelopment proposal will not increase the building height and
will maintain conformance with the height allowance of the I{DMF Zone District.
In fact, the new building height will be lower than the existing building in some
areas. The proposal results in a net decrease in the number ofunits on site,
increases the amount of landscape area, creates a greater setback from Willow
Road and maintains a similar nunber of actively rented beds. The redeveloped
active beds will be a ffemendous improvement from the existing
accommodations.
1.2 Purpose of Report
The purpose ofthis report is to provide inforrnation relative to an application for a
Town of Vail Special Development District (SDD) zoning designation and for a
Town of Vail Conditional Use Permit (CUP). Submittal requirements for the
formal establishment of an SDD and for the review of a Conditional Use Permit
are set forth in the Town of Vail development regulations. This application
complies with all of the submittal requirements as outlined in the Town of Vail
SDD Application Form and CIJP ApplicationForm packets.
2.0 EXISTING CONDITIONS
2.1 The Willows Historv
The Willows Condominiums are located at 74 Willow Road on [.ot 8 Block 6,
Vail Village li Filing. The lot size is 0.4831 of an acre (21,144 square feet). The
site is bounded on the west by 44 Willow Place, on the east by the Riva Ridge
South Condominiums, on the north by Willow Road and on the south by Vail
Road. The Bishop Park Special Development District is located just across
Willow Road.
The four story building consists of twenty-seven identical 596 square foot ane-
bedroom units and one studio unit of 446 square feet. The upper three floors each
have eight of the one-bedroom units located off of a central corridor with an exit
stair located at each end of the building. The ground level consists of three of the
identical 5!)6 square foot one-bedroom units, a one-bedroom managers apargnent,
a management office, a small hot tub and sauna room and a front desk and
common lobby area. An elevator in the lobby adjacent to the west stair tower also
provides access to the upper floors.
The building construction technique utilized a pre-stress concrete "T" beam
system for the building floors/ceilings. This type of concrete structural system
limits the ability to make any kind of significant remodel or upgrade to the
existing building. The existing floor to ceiling clear height to the bottom of the
concrete "T's " is seven foot six inches. The building does not have a fire
suppression sprinkler system. The concrete structural system will make the
installation of a fire sprinkler system very difficult and will be both expensive and
unsightly. The seven foot six inch clearance height would most likely be further
compromised. The exterior brick and stucco skin of the building has been well
maintained but it no longer meets the level of quality of building materials of the
immediate nei ghborhood.
The rear yard of the lot is occupied by a two.story open air concrete parking
structure that has approximately forty-two spaces. This thirty-six year old parking
deck has significant structural issues and is a candidate for complete removal and
reconstruction in the near future.
The existing building is non-conforming to almost every development standard of
the High Density Multiple Family Zone District (HDMF). The HDMF Zone
District allows a density of twenty-five units per acre. This equates to an
allowable density of twelve units on the 0.4831-acre site. The existing building
consists of twenty-eight units. The building or the parking structure encroach
well into every required setback, the site coverage exceeds the 55To maximum,
the minimum landscape requirement of 3OVo of the site area is not even close to
conforrnance and the building exceeds the allowable GpFA limitation. The only
HDMF development srandard that is met by the current building is the 48'
building height.
The Willows Condominiums has always been governed by a very interesting and
unique set of condominium association documents and covenants.
The twenty-eight units are each owned in fee simple. There are currently twenty-
six owtrers, with two owners each holding title to two units. The condominium
declarations restrict the owner of each unit to thirty days of summer use and thirty
days of winter use. All of the other time the units are placed in an actively
managed rental pool. Each unit owner is a partner in the Willows Management
Company, which provides the management, marketing and rental operations.
Each of the twenty-seven one-bedroom units is identical in floor plan and in
d6cor. since the completion of the building in 19.71all of the units have been
maintained and furnished in an identical m.mner. Owners have not, and are not
allowed to, make any individual upgrades or to conduct remodels of their own
unit. In fact, while using the property, owners often stay in the most desirable unit
available and not necessarily in the unit to which they actually hold title' Since all
of the units are finished and furnished in an identical manner the upper floor
mountainside units tend to be favored.
This type of condominium declaration is fairly unique and appears to be a
predecessor to the fractional fee concept.
3.0 PROPOSED PLAN
3.1 Project Description
The Willows Condominium Association and Triumph Development have spent
the better part of the past year carefully studying remodel and redevelopment
opportunities that would address the needs of the building, and the various goals
and objectives of tbe homeowners, Triumph Development, the neighbors and the
Town of Vail.
The relatively near term building needs include:
. a complete demolition and reconstruction of the parking decks'
. installation of a fire sprinkler system to meet current building codes and
Town of Vail Fire Department requirements.
. a significant upgrade or complete replacement of the electrical, heating
and ventilation system.
. a complete renovation of the interior of all trrenty-eight units and all
common sPaces.
' an upgrade/replacement of tle original brick and stucco exterior building
facades.
The overwhelming majority of existing owners wish to retain some ownership
and use of the building. However, the scope of improvements required, the
capital investment required and the difficulties of working with the existing
concrete structural "T" system to upgrade units and co[lmon areas create an
overwhelming task for a homeowners association to address. This coupled with
the realization that after all that capital investment and construction effort, the
owners would still each have a 596 square foot unit with a seven foot six inch
ceiling height has led to a conclusion that the best course of action for the owners
is to redevelop the site to a standard appropriate to the neighborhood and the
community. The fact that no individual owner has invested significant sums of
money in specific remodel projects or is emotionally vested in a particular unit
location lends itselfwell to this type ofgroup consensus. There are probably very
few if any other condominium buildings in Vail that have a similar set of
circumstances,
The Triumph Development, LLC and Willows Condominium Association
partnership proposes to completely remove and replace the existing twenty-eight
unit building with a new building that will include nine two-bedroom fractional
fee units and nine whole ownership units.
The nine fractional units will be divided as l/4 shares, resulting in thirty-six
available shares. Each of the existing Willows twenty seven 596 square foot,
tlrirry-six year old one-bedroom units.and the 446 square foot studio unit will be
exchanged for one 1/4 share fractional fee ownership of a brand new beautifully
frnished two-bedroom unit of approximately 1200 square feet in size. The
existing Willows Condominium Association will receive title to the remaining
two units (eight U4 shares). Although these shares may eventually be sold to
individual buyers the initial concept is that the Willows Condominium
Association will hold these shares for several years and place them in the active
rental pool. AII nine of the fractional units will be subject to a similar use
restriction as the existing Willows units. The owner of each ll4 share will be
allowed four weeks of summer use and four weeks of winter use. The remaining
four weeks of each 1/4 share will be placed in the rental pool. The Mllows
Association will continue to operate an active rental and management program.
The nine whole ownership units will be marketed for sale. Hve of the whole
ownership units have been designed to include a bedroom with lock-off
capability. Each of the five lock-offs may be accessed and rented separately from
the primary unit.
The redeveloped Willows building also includes an on-site Employee Housing
Unit. This unit, located in a very desirable ground floor comer of the building, is
designed as a 670 square foot one-bedroom unit. This EHU will be subject to the
standard Town of Vail EHU deed restriction and will be made available for sale.
The new building will also include a full front desk operation, a common lobby
area and a separate library room. The design includes an extensively landscaped
courtyard with a swimming pool and spa facility. This pool garden will be a
tremendous amenity to the site and will be a focal point for both guests and
owners.
The new Mllows will consist of three and four story building forms and will not
exceed the building height allowance of the existing HDMF Zone District' The
building will actually be lower than the existing building in some areas. The
redesign will also pull the building backfurtherfrom the street, increasing the
front setback area. Existing landscape wall improvements will be removed from
the street right-of-way. The area available for landscaping treatment is
significantly increased and all required parking will be located in a completely
enclosed parking garage directly below the building.
3.2 Architectural Design
Resort Designs Associates Intemational is the project architect for the
redeveloped Willows building. Gordon Pierce, Principal of RDAI, is the lead
design architect for the project. Gordon has designed many of the most notable
buildings in Vail Village and is well vened in the design style that forms the
fabric of the Vail Village urban design pattern. Gordon also designed two of the
adjacent buildings to the Willows, 44 Willow Place and the Bishop Park Special
Development Disfict.
The architectural design of the proposed building will be a dramatic upgrade from
the original Willows building in style, form and materials. The intent of the
design is to establish a high level of quality and character that is sensitive to the
neighborhood and pays tribute to the alpine design style of Vail Village.
The three and four story building heights create a simple but varied fomr that is
very compatible with adjacent buildings. The building is designed with a strong
stone base, stuccoand wood materials on the main massing forms and a steep
well articulated roofline with gable dormers and hip roof forms at the building
ends. The building forms provide articulation across the fagade and the well-
developed window patterns and the wood railings of the numerous balconies
provide for interesting and welcoming elevations.
The stone, stucco and wood siding materials, the generous roof overhangs, the
wood balcony railings and the small pane, true divided light window elements are
all consistent with the Vail Village Urban Design Plan and with the established
character of Vail Village.
A covered porte-cochere creates a focal point for the front door and provides a
weather protected entrance. This creates a significantly improved check-in and
loading function and will reduce congestion caused by cars temporarily parking
on Willow Road during the check-in procedure.
3.3 Utilities
Water and sanitary sewer mains are located within Willow Road and should be
adequate to serve the redeveloped building. Alpine Engineering, Inc. is the
project engineer and will work closely with town staffand the utility service
providers to ensure appropriate utility connections are designed and implernented.
Natural gas, cable television and telephone services are all available at the site.
3.4 Detailed Zonrng Analysis
A. Proposed Uses
The HDMF Zone District allows for multiple family residential units and lodges
including accessory eating, drinking, recreational or retail uses not occupying
more than TOVo of the total GRFA. The HDMF district also allows a lairly
lengthy list of Conditional Uses, including fractional fee units.
The historic use of the Willows property has been residential with a unique form
of covenant controlled usage.
The Willows redevelopment proposal maintains the residential use of the
property. There will'be no commercial component to the Willows redevelopment
proposal. The redesigned building includes a total of nineteen dwelling units.
Nine of these units will be designed as two-bedroom units of approximately 1200
square feet in size. These nine units will be deeded as l/4-share fractional fee
units and will be operated in a very similar manner to the existing Willows
Condominiums. Each of the current Willows property owners will assume
ownenhip of one 1/4 share of a unit. Each owner will be allowed four weeks of
summer season and four weeks of winter season use. Any unscheduled owner
time and the remaining four weeks of time allocated to each l/4 share will be
required to be placed in the Willows rental progr:rm.
Fractional fee use is listed as a Conditional Use in the underlying HDMF zone
district. This application has been written to include a request for Conditional
Use permit to allow the fractional fee use. A specific response to the Conditional
Use review criteria is included in a later section of this report. The current Town
of Vail definition of a Fractional Fee Club defines a fractional fee unit as "a
condominium unit, pursuant to recorded documentation as approved by the town
of Vail, has no fewer than six (6) and no more than (12) owners per unit..." The
planned program for the Willows will result in four owners per unit so the
Conditional Use Permit may not actually be a strict legal requirement of this
request.
There will also be nine whole ownership condominiums and one deed restricted
Employee Housing Unit. The whole ownership use is allowed as a use by right in
the HDMF Zone District. A Conditional Use Permit has been submitted for
review of the Type III EHU request.
All other aspects of the project, such as the parking garage, the front desk
operation and the pool garden courtyard are allowed as accessory uses to the
HDMFZone District.
B. Densit5t
The Town of Vail lamd Use Code defines density as the number of dwelling units
allowed per lot or per acre. The HDMF Zone Dstrict allows for twenty-five units
per acre. The lot size of 0.4831 equates to a permitted density of twelve dwelling
units. Like most of the Willow Road/Willow Circle properties, the original
development of the Willows Condominium greatly exceeds this permitted density.
The existing building includes a total of twenty-eight dwelling units.
The proposed redevelopment of the Willows will reduce the overall density to
eighteen units plus one deed restricted Employee Housing Unit.
C. Residential Floor Area
The HDMF Zone Dstrict permits a total of 76Loof the site area as Gross
Residential Floor Area (GRFA). The permitted GRFA equates to 16,069 square
feet. The existing Willows building exceeds the allowable GRFA and measures
at 18,607 square feet of GRFA. The re-development proposes a total of 32,?-4O
square feet of GRFA.
The Vail Village Master Plan includes the following description of the Willow
Circle sub-area:
"In most cases the levels ol development throughout lhis
sub-atea greatly exceed what is allowed under existing
zoning (High Density Multiple family). Gross residential
floor arearatios (GRFAR) range trorn .6 to L3 with an
average of L01 . With tlw exception of one parcel, all of
the properties within this sub-area ue, developed at, or
over, their permitted levels of devebpment."
At the time of the adoption of the Vail Village Master Plan 44 Willow Place had
not yet been redeveloped. The original building on ttre 44 Willow Place lot
represented the low end of the GRFA range stated in the above description of the
neighborhood. 44 Willow Place has now been redeveloped to the full extent of
the allowable GRFA so the neighborhood range and average has increased. The
redeveloped Willows GRFA is not inconsistent with other buildings in the
neighborhood.
D. Buildins Height
The HDMF Zone Disbict Allows for a 48' building height for a sloped roof
building. The existing Willows building is approximately 48' in height and is one
of the few aspects of conformance with the existing zoning.
The redevelopment proposal consists of three and four story building elements
and will maintain conformance with the 48' height allowance. In fact, the three
story elements of the proposed building are lower than the existing building.
E. Site Coverarc
The HDMF Zone District includes a site coverage allowance of 55Vo of the total
site area. This equates to an allowable site coverage of I 1,595 square feet for the
Mllows property. The existing building and parking structure have a site
coverage calculation of 12,638 feet, thus exceeding the allowance.
The actual building footprint of the proposed new building at grade, i. e. the
perceptible site coverage of the building, measures 10,820 square feet' This
perceptible site coverage of the actual building. footprint equates to 50% of the
site area and would be in conformance with the 55Vo site coverage development
standard.
The definition for measuring site coverage, ho*"u"r, includes all portions of a
building, including below grade portions. The parking garage below the new
Willows building extends beyond the building footprint. There are extensive areas
oflandscaping and courtyard on top of the parking garage, at grade level, that will
not appear as site coverage and will qualify as landscape area. The design team
believes this meets the intent, if not the definition, of the site coverage
development standard.
The proposed building, due to the extent of the underground parking garage, and
as site coverage is formally defined, has a site coverage measurement of 14,110
square feet.
F.Landscaoe Area
The proposed redevelopment plan include
"
f&**e feet of landscape and
courtyard area and brings the site into confp(mance with this development
standard. This represents a substantial in6rease in the amount oflandscape area
on the site. The primary means of accomplishing this is by moving the existing at
grade parking to''an enclosed garage underneath ttre building.
The HDMF Zone District requires 3OVo of. a site to consist of landscape
improvements such as lawn areas, flower beds, courtyards, patios, walks or water
features. For the Willows site this equates to a requirement of 6343 square feet
oflandscape area. The existing site has been calculated to have only 2,848 square
feet of landscape area, which is well below the development standard of the zone
district.
l0
o
G-Parking
The Willows falls within the area described as the commercial core area on the
official Town of Vail parking maps. The parking requirements for the
commercial core areas are listed in Schedule A of the Town of Vail Land Use
Regulations.
Schedule A details a requirement of 0.7 parking spaces for fractional fee units and
1.4 parking spaces per dwelling unit.
9 fractional fee units aQ.'l = 63
9 dwelling units x 1.4 = 12.6
I EHU x 1.4= 1.4
Total parking required = 20.3 parking spaces
The proposed parking gar^ge as designed includes 27 parktn'g spaces.
In addition to the quantitative parking requirements, the HDMF Zone Dstrict
requires thaITSVo of all parking spaces "sftall be located in the main buiAing ard
hiddenfrom public view or shall be completely hiddenfrom public viewfrom
adjoining properties within a landscape berm".
The existing Willows parking deck is clearly not in conformance with this
criterion and is generally considered to be a highly visible eyesore to the
neighborhood.
The redevelopment proposal will resolve the existing non-conformance of the
visible parking by locating all ofthe parking spaces in the building and hidden
from public view. Wth the development of the Front Door project and tle
increase of traffic on this portion of Vail Road the removal of this parking deck
becomes a significant beuefit.
IL Setbacks
The HDMF Zone District requires a uniform 20' setback on all sides. The
existing buildings encroach into the setback to various degrees on all sides. The
building encroaches up to seven feet from the property line in the front and some
landscape wall improyements currently extend over the property line and into the
road right of way. The building and/or the parking garage encroach up to sixteen
feet from the west lot line, six feet from the rear lot line and four feet from the
east lot line. The driveway and a related retaining wall encroach onto the adjacent
44 Willows Place property.
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The building setbacks as proposed in the redevelopment plan vary greatly over the
site. The proposed building increases conformance with the front setback as the
building has been pulled back from Willow Road to allow for a loading and drop
off/pick up area. A porte-cochere roof extends out over the pick up/drop off area
to the property line to provide a sheltered entry.
Setbacks on the east, west and rearsides ofthe building vary considerably. This
design allows for a creative articulation of the architectural forms and buildiug
mass and avoids long continuous walls and flat elevation planes along the
property lines- Along the east property line, where the adjacent building
encroaches to within inches of the property line the building design steps deeply
back into the site, creating a significant space and separation between the
buildings.
In the underground parking garage the walls have been designed close to the
property line in order to design efficient parking and circulation spaces' These
subsurface portions of the building will be imperceptible from the exterior.
3.5 Employee Housing
l) Town of Vail existing policy
The Town of Vail has traditionally required the owners of new and redeveloped
projects to provide employee housing for the i.ncremental increase in the number
of employees generated by a project. The Town has never formally codified this
requirement but has consistently applied a housing generation formula developed
by the firm of RRC Associates, Inc.
For development projects that comply with underlying zoning the policy has been
to provide housing for l5%o of the incremental increase in employees. For
development projects that exceed underlying zoning standards the policy has been
to provide housing for 30Vo of the incremental increase in employees.
The RRC employee generation formula lists a 0.4 employee demand per
residential dwelling unit.
The existing Willows project includes 28 condominium units. This equates to an
existing employee generation of Il.2 employees. QAxO.4- ll.2)
The proposed Willows redevelopment includes 18 condominium units. This
equates to an employee generation of 7.2 employees. ( 18 x OA -- 7 .2)
The Willows redevelopment proposal would result in an overall reduction of 4
employees. Housing mitigation is required for the incremental increase in
employee generation. In this case there is no incremental increase and therefore,
t2
consistent with past application of this housing formula, no mitigation
requirement.
2)Actual conditions
The Willows Condominium Association owns and operates the Willows
Management Company. The Willows Management Company manages a total of
45 units in the Willows, Riva Ridge South and other Vail Village properties. The
management company has a total of 15 full time equivalent employees. This
avenages to 0.33 employees per unit under management. The redevelopment of
the Willows would result in a total of lO less units under Willows management.
Tbe revised average, assuming no decrease in employees, is 0.42 employees per
unit. This actual conditions experience at Willows Management is remarkably
consistent with the RRC employee generation figure of 0.4 employees per unil
An actual conditions calculation results in a full time employee demand of 6 to
7.5 employees generated by the proposed Willows redevelopment.
3) Willows housing/public benefit proposal
Although the application of the traditional employee housing requirements
indicates that the Willows proposal does not create a net incremental increase in
employee housing the applicant recognizes that employee housing is an important
issue to the town and, as a public benefit of the project, believes it appropriate to
provide a reasonable measure of employee housing within the community.
Without taking credit for the employee demand already generated by the existing
building, the new Willows building would generate 7.2 employees under the
existing town employee generation formula. This 7.2 employee generation
number is also very consistent with the actual employee levels experienced by the
Willows Management Company. Utilizing the town's housing demand
methodology 7.2 employees, divided by the 13 jobs per employee figure equates
to a demand for 5.5 employee beds.
The Willows redevelopment proposal will commit to providing 1007o of this
employee housing demand. The curent proposal includes one 570 square foot
one bedroom apartmetrt on site and the applicant will commit to providing five
additional beds off site. These off-site beds will be provided via a buy down
program or through a direct payment-in-lieu to the Town of Vail or the Vail
Housing Authority. This housing commitrnent of one on-site one-bedroom unit
and five off-site beds addresses lO0Vo of the actual employee housing demand of
the proposed Willows building.
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3.6 Rental Opportunities
A primary goal of the Vail Village Master Plau is to maintain and to encourage an
active bed base in the Vail Village area. The Willows owners intend to continue
to operate the existing homeowner owned management company and to establish
a use and rental program for the fractional units that is very similar to the current
Willows use pattern.
Thelrenty-eight fractional shares that are exchanged for the current Willows
units will be subject to a condominium association covenant that will allow each
owner four weeks of summer use and four weeks of winter use. All other weeks
and all weeks not actually utilized by the owners will be placed in the active
rental pool. The eight additional fractional shares will be owned by the Willows
Condominium Association. Although these shares may eventually be sold,
subject to the same use covenants as described above, the intent of the association
is to hold these units in the active rental pool for at least a few years. In addition,
five of the wholly owned units have been designed to include a lock-off studio
unit.
This results in eighteen brand new high quality beds that will be fully utilized for
short term occupancy and the potential for five more rental beds within the lock
off units. This is a total of five beds less than currently available in the existing
Willows building. And these new beds will be a significant improvement over the
existing Willows beds. The existing one-bedroom uni ts are 596 square feet in
size with 7'6" floor to ceiling heights. The size and configuration of these units
is not consistent with the marketplace and no longer meets the expectations of
many of the guests looking for Vail Village based accommodations.
3.7 Public Benefits
As an integral part of the Town of Vail SDD review and approval process there
has been a standard of public benefit that must be met. In general the appropriate
level of public benefit to be provided by a project has been directly relative to the
level of variation requested from the standards of the underlying zone district.
As has been stated above, t}re existing Willows Condominiums, as well as most of
the other properties of the Willow Circle neighborhood, exceed most of the
development standards of the existing zone district, including the density and the
GRFA. A redevelopment of the Wllows Condominiums that would meet the
strict and literal standards of the FIDMF Zone District, including deusity and
GRFA would include 12 or less units and 16,069 square feet of GRFA. In order
to meet these standards the redevelopment would most likely consist of 4 tro 6
large townhome units of 2500 to 4000 square feet in size. This type of
redevelopment scenario, while meeting the standards of the underlying zone
l4
district, would result in a very exclusive, low density project that would likely
have the following consequences:
. The loss of Vail Village based short-term rental inventory.. The probability of an exclusive yet seldom used bed base.. The loss of the existing, long term Willows owners from the community.. No on-site Employee Housing Unit or provision of other housing.. No inclusion of public benefits.
This type of redevelopment, while meeting tle zoning code, would go rlainst
many of the principles, goals and objectives expressed in Town of Vail master
plan documents. In tbe case of the Willows Road neighborhood the underlying
HDMF Zone District is not necessarily fully harmonious with the goals and
objectives of the Vail Village Master Plan. The Willows Condominium
Association and the principals of Triumph Development believe that the SDD
process allows for a redevelopment of the Willows property in a manner that can
more successfully address many of the overall goals of the community than a
redevelopment under the parameters of the existing zone district would allow.
The proposed Willows redevelopment plan is able to address many of the Town
of Vail master plan document objectives and also provide a public benefit in a fair
relation to the deviation from the undertying zoning. Specifically the
redevelopment proposal represented by this request for SDD Zone District
designation will:
Allow the existing Mllows owners, many of whom have owned there for
many years, to maintain property ownership and to remain a vital part of the
Vail community.
Provide employee housing for 1007o of tle employee housing demand of the
proposed building, without deducting any credits for the existing level of
development.
Provide a 670 square foot one-bedrcom on-site Employee Housing Unit. 'fhis
is an extremely rare opportunity to create a new Vail Village based EHU.
An upgraded pedestrian/automobile streetscape along the entire length of
Willow Road. Willow Road currently exists as a one-way street with a
twenty-two foot wide asphalt section and no curb, gutter or sidewalk.
This section of Willow Road will be reconstructed to a design that includes a
twelve-foot wide asphalt automobile travel lane and an eight-foot wide stone
paver pedestrian walkway. This streetscape design will match that of other
recent Vail Village streetscape improvements. The pedestrian walkway will
connect to the sidewalk along Vail Road on the west end and to the
streetscape improvements currently under construction as part of the Front
15
O
Door improvements on the east end. This streetscape improvement will
provide a significant public benefit to all pedestrian traffic that flows through
Willow Road from the west. This streetscape will provide an enhanced
pedestrian alternative to Meadow Drive and will allow direct pedestrian
access to Vail Village from Beaver Dam Road, the First Bank area and
Meadow Drive properties such as Villa Cortina. This improvement rePresents
a significant contribution to the goal of pedestrian connectivity from Vail
Village towards the west.
. The redevelopment of the Willows will result in a very desirable, high quality
fractional ownership and rental program that will meet a key Town of Vail
goal of providing and maintaining active beds in the Vail Village core area.
These beautiful new two bedroom units will provide a much superior rental
p.roduct over the existing one bedroom units. The larger unit size will open
the Willows to a family friendly market that the property has not been able to
serye over the years. The ownership and rental requirement covenant
stmcture will ensure that these beds remain actively occupied.
All of these public benefits can be accomplished with a building design that
increases conformance of many of the underlying zone district standards and
maintains the charm, character and integrity of the Willow Circle neighborhood.
The applicant believes this level of public benefit is appropriate to the level of
variation requested from the underlying zone district.
O
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4.0 SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA
Title 12, Chapter 9 of the Town of Vail Municipal Code provides for the
establishment of Special DevelopmentDistricts in the Town of Vail. According
to Section 12-9A-1, the purpose of a Special DevelopmentDistrict is,
"To encourageJlexibility and ueativity in the development
of land, in order lo promote its most appropriate use: to
improve the design character and quality of the new
development within the Town; tofacilitate the adequate
and economical provision of streets and utilities; to
preserve tlze natural and scenic features of open space
areas; and tofurther the overall goals of the community as
stated in the Vail Comprehensive Plan. An approved
development planfor a Special Development District, in
conjunction with the property's underlying zone district,
shall establish the requirements for guiding development
and uses of property included in the Special Development
District. "
The Vail Municipal Code provides nine design criteria which shall be used as the
principal criteria in evaluating the merits of the proposed Special Development
District. It shall be the bwden of the applicant to demonstate that submittal
material and the proposed development plan comply with each of the following
standards, or demonstrate that one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved. The
applicant has addressed each of the nine SDD review criteria below:
A. Design compatibility and sensitivity to the immediate environment'
neighborhood and adjacent properties relative to architectural design'
scale, bulk, building height, buffer zones, identity' character, visual
integrity and orientation.
ADplicant response:
The proposed Willows redevelopment plan creates a high level of compliance with
this criteria. In fact, the applicants believe that the quality ofthe architectural design,
the proposed building materials, the elimination of surface parking and the sensitivity
of the design to the neighborhood result in a signifrcant improvement over the
existing conditions.
t7
t
The alpine style of Vail Village architecture and the quality of building materials
have evolved and improved a great deal since the 1970 construction of the Willows.
The monolithic fagade and the brick and stucco exterior are not up to par with the
sunounding neighborhood or with recent Vail Village improvements.
The design team has put a great effort into ensuring the proposed design is compatible
and sensitive to the immediate neighborhood. An overriding goal of the design team
has been to achieve the program goals of the building without increasing the building
height. We believe that the character, identity and visual character of the proposal are
in complete harmony with the objectives of this SDD criteria.
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Applicant response:
The existing neighborhood is singularly residential in use, with a mix of highly
active rental programs and quiet exclusive second homes.
The proposed program strives to strike a compatible balance with this mix of
neighborhood activity levels while simultaneously meeting the goals of the
existing Willows owners, the goals of the development partner and the overall
goals of theTown of Vail.
We believe the proposed density and use structure is the optimal program to
balance these goals and objectives and provide an appropriate balance to the level
of residential activity of the immediate neighborhood.
C. Compliance with parking and loading requirements as outlined in
Title 12, Chapter 1.0, of the Town of Vail Municipal Code.
Applicant response:
The proposed Willows redevelopment meets or exceeds all requirements of the
parking regulations. The new building presents an improved loading and drop
off/pick up area that will reduce congestion on Willow Road.
The existing parking deck is in dire need of replacement and does not meet the
screening and visibility requirements of the zone district.
Atl of the required parking for the proposed building will be located in a fully
enclosed parking garage below the building.
D. Conformity with the applicable elements of the Vail Comprehensive
18
PIan, Town policies and Urban Design Plan.
Apnlicant response:
The proposed redevelopment of the Willows is in compliance with all relevant
Town of Vail master plaa documents, goals and policies. A separate chapter of
this application details the many specific areas of compliance.
E. Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special dwelopment district is proposed.
Applicant response:
There are no known natural and/or geologic hazards, including the Gore Creek
floodplain, that affect the property.
F. Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to
natural features, vegetation and overall aesthetic quality ofthe
communit5t
Applicant response:
The proposed sirc plan and building design have been carefully designed to
respond to adjacent properties and to the overall aestheticquality ofthe
community.
The front fagade of the building had been pulled back from the street to allow for
a more functional loading and drop off area and to enhance the pedestrian
streetscape experience.
The pool garden has been sited to create an open light and air region in an area
where the adjacent building encroaches to within inches of the property line. This
courtyard design will minimize sun/shade noise and visual impacts to the adjacent
Riva Ridge South building.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site trallic circulation.
l9
O
Applicant response:
The on site vehicular circulation system is designed to allow for simple and
convenient access to a single level of underground parking. An off street
loading/pick up iuea with a covered porte-cochere will eliminate existing
congestion on Willows Road.
H. Functional and esthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Apolicant response:
The site plan includes a functional and esthetic landscape design that is
appropriate to the site. This landscape plan is only designed to a conceptual level
at this point in the review process. A fully detailed landscape plan will be
prepared for review by the Design Review Board.
I. Phasing plan or subdivision plan that will maintain a workablg
functional and efficient relationship throughout the development of the
special developm ent district.
Apolicant response:
All construction will take place in a single phase. The applicant will work with
both the Town of Vail and the neighborhood to develop an appropriate
construction management plan.
20
5.0 CONDITIONAL USE PERMIT REVIEW CRITERIA
The proposal to redevelop the existing Willows property includes a request for two
separate Conditional Use Perrnits. One is to allow a fractional fee ownership structure
for nine of the proposed units and the second is to allow an on-site Type III Frnployee
Housing Unit. The uses are described in detail in the above project narrative. The
Planning and Environmental Commission uses the following criteria in the evaluation of
a Conditional Use Permit request. The applicant response to each criteria is included,
A. The effect of the use on light and air' distribution of population'
hansportation facilities, utilities, schools, parks and recreation facilitiesr and
other public facilities needs.
.
Applicant Response:
The use of a portion of the site as fractional fee ownership will have no discemable effect
upon the above referenced facilities and issues beyond what the permitted uses would
generate.
There will be no impact upon schools and the usage of transportation, utility, park and
recreation facilities will be very similar to that of a lodge or actively managed rental
property that is allowed as a use by right.
The proposed 670 square foot EHU will have no discernable negative effect upon the
facilities listed in the criteria.
.Becu X&ttryndraflic with particular reference to congestion, automotive and
edestpdrnf,iarsrfet5r and convenience, traffic llow and conhol, acoesst
--- - -tnaneuveitrability, and removal of snow ftom the sheet and parking areas.
Aoolicant Resoonse:
The fractional fee ownership pattern of nine of the proposed dwelling units will result in
a usage pattern of the Willows site that is very similar to the existing use pattern. We do
not believe there will be an effect upon congestion, safety, traffic flow, access or
umtvtrtgbilitp flbrnewite design, irrespective of the ownership pattern, will
ilrryluibdiltilldncRead:ooqestion, access to the Willows site and maneuverability of
iehicleS on'the Sfte. There will be no impact on snow operations due to the ownership
pattern.
The inclusion of one 670 square foot Type III EHU in the building should not have a
measurable impact upon congestion, safety, traffic flow or snow removal.
2l
C. 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.
Applicant Response:
The architecture of the proposed redevelopment of tle Willows is a significant upgrade
from the existing building in style, form and materials. The architecture is very
compatible with the character of the area and with the established vernacular of Vail
Village and the sunounding residential environs.
The ownership format does not have an effect upon the architectural design of the
building. The usage pattern of the proposed building will remain very similar to the
current use of the current building,
The inclusion of a Type III EHU does not negatively impact the character of the area or
the bulk and scale of the proposed building.
The redevelopment proposal is in full compliance with the height allowance of the
HDMF Zone District and the bulk and mass of the building is in character with the
surrounding uses. The Willows owners, Triumph Development and the design team have
made protecting the character of the neighborhood a high priority of the proposed
redevelopment plan.
22
6.0 TOWN OF VAIL COMPREIIENSIYE PLAN AND MASTER PLANMNG
DOCI.JMENTS
The design team and the applicant have carefully analyzed the Town's master planning
documents in order to address and incorporate as many of the relevant goals and policies
as possible into the proposed redevelopment plan. The list below is a summary of the
goals and policies of various planning documents that are consistent with the proposed
Willows redevelopment plan. Items listed in italics are particularly relevant to the
proposed plan.
A. Vail Land Use Plan
l. GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the Visitor and the permanent resident.
I .3 The quality of development should be rnaintained and. upgraded whenever
possible.
L4 The origirnl theme of the oldVill.age core shouU be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
I.I2 Vait should accornmodate most of the additional growth in existing
developed areas (infill areas ).
4. Village Core/Lionshead
4.2 Increased density in thz core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide PIan and the Vail Village Master PIan.
5. Residential
5.1 Additional residential growth should continue to occur primarily in
existing platted areas and as appropriate in new areas where high hazards
do not exist.
5.2 Quality time share units should be accommodated to helP keep occupancy
rarcs up.
23
Affordable employde housing should be accommodated through private
efforts, assisted by limited incentives, and provided by the Town of Vail'
with appropriate restrictions.
Residential growth should keep pace with the market place demands for a
full range ofhousing types.
The existing employee housing base should be preserved and upgraded-
Additionat employee housing needs should be accommodated at varied
sites throughout the community.
B. Yail Village Urban Design Guide Plan
The Vail Village Master Plan includes a map that details the area subject to the Vail
Village Urban Design Guide Plan. The Willows Road - Willow Circle neighborhood
does not technically fall within the guide plan area of influence. The design team has,
however, incorporated many of the relevant architectural design elements of the pldn into
the building design.
In particular, the roof compositions and overhangs, the building materials, the style and
placement of windows and the balcony railing treatments are all in complete compliance
with the Vail Village Urban Design Guide Plan.
q VailVillageMasterPlan
The Vail Village Master Plan does cover the general area from (and including) Ford Park
to Vail Road. This does include the Willow Road - Willow Circle neighborhood. The
following is a list of goals and objectives that support the Willows redevelopment plan.
Goal I - Encourage high quality redevelopment while preserving unique
architectural scale of the Village in ortler to sustain its sense of community and
identity.
Obiective l -2 - Encourage the upgrading and redevelopment of
residential and commercial facilities -
Objective 1.3 - Enhance new development and redevelopment through
public improvements done by private developers working in cooperation
with the town.
Goal 2 - To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole-
Objective 2.3 - Increase the number of residential units available for short
term overni ght accommodations.
5.3
5.4
5.5
24
Objective 2.5 - Encourage the continued upgrading, renovation and
mainterwnce of existing lodging and commercial facilities to better serve
the needs ofour guests,
Goal 3 - To recognize as a top priority the enhancement of the walking
experience throughout the Vill.age.
Objective 3.1 - Physically improve the existing pedestrian ways by
Iandscaping and other improvements.
Goal 4 - To preserve existing open space areas and expand greenspace
opportunities.
There are no objectives of this goal that are relevant to the Willows
redevelopment proposal.
Goal 5 - Increase and improve the capacity, efficiency, and aesthetics of tle
transportation and circulation system throughout the Village.
Objective 5.1 - Meet parking demands with public and private parking
facilities.
Goal 6 - To ensure the continued improvement of the vital operational elements
of the Village.
Objective 6.1 - Provide service and delivery facilities for existing and new
development.
L Land Use Plan
The VVMP designates the Willow Circle neighborhood as Medium/High Density
Residential. The proposed plan is in conformance with this designation.
3. Open SoacePlan
The VWIP designated areas to be protected as open space. The Willows redevelopment
is in complete conformance with this portion of the Vail Village Master Plan.
4. Parking and Circulation Plan
The Willows redevelopment proposal is in conformance with all aspects of this element
of the Vail Village Master Plan.
2s
tra I
5. Buildins Heisht Plan
The building height plan desiguates the Willow Circle neighborhood as appropriate for
three and four story buildings. The proposed Willows building includes both three and
four story elements and is in complete conformance with this plan.
O
26
,'
7.0 Key Features
In summary, the following are key elements and features of the proposed Willows
redevelopment plan:
. The existing Willows building is in need of significant capital investrnent. The
two level exterior parking deck is in extremely poor condition and will require a
complete demolition and reconstruction. The main building structure was built
with pre-cast concrete "T" beams. This form of construction makes any type of
significant upgrade or renovation, including installation of fire sprinkler systems,
extremely difficult.
. The floor to ceiling clear height in the existing units is 7'6".
. The existing owners, through careful and thorough analysis conducted by their
condominium association, have determined that an attempt to upgrade the existing
building does not make economic sense,
. The proposed plan allows existing Willows owners to maintain ownership in the
property and maintain the exact usage pattern they are accustomed to.
The proposed plan maintains an active rental management program with a similar
number of beds. The existing Willows has twenty-seven l-bedroom units and
one studio unit The proposed redevelopment plan proposes nine Z-bedroom
fractional fee units and includes opportunities to rent five additional lock off units
for a total of twenty-three actively rented beds.
The redevelopment proposal includes a commitrnent to provide deed restricted
affordable housing in an amount equivalent to 1007o of the employee generation
demand of the building.
The proposed plan places all parking underneath the building. All parking will be
completely screened from public view in accordance with the zone district
standards.
. The proposed plan meets the allowable height limit for the HDMF Zone District.
. The proposed plan incorporates public benefits that are appropriate to the level of
deviation requested from standard of the underlying HDMF Zone distict.
The Willows owners, the principals of Triumph Development and the members of the
design team believe that this proposal is in keeping with the spirit and intent ofthe
Special Development District and maintains the character and integrity of the Willow
Circle neighborhood.
27
lt,"
rc(
August 16,2006
Mr. George Ruther
Town of Vail Community Development Department
75 South Frontage Road
Vail, CO 81657
Re: WillowsCondominiurns
Dear Mr. Ruther:
The purpose of this letter is to provide authorization for Triumph Development LLC to represent
The Willows Condominium Homeowners Association with regard to Town of Vail review of the
attached application for a new Special Development District. By the signature below such
arthorization is granted.
O Sincerely,#T
President
Willows Condominium Association
\ilLLO\rS
i.,r:, I, r! Ir I h t(.\l i
?4 Willorv l1,.rrr,l, Vril, Cirl,rra.l r lilir5T ' li{tlt-Wl l.l.( )WS (9.1s-560?)' 970-4?6-2231' 970-+?6-571{ tt'x
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Application for Review bY the
Planning and Environmental Commission
Dopartmant of Communlly Dovelopment
TSSouth FronlageRosd, Vdl, Cohrado E1657
rel: 970.470.2130 fax: 970.479.2452
$rob: www.vallgor.com
General lntormatlon:
All pmFcts requldng Plannlng and Elwlronrngntsl Csnmblbn rsvl€w mult r€cahro appo\ral prior to submltllng a
bulldtng pcrmlt appmamn. Phss r6tsr lo tho rubmlttal mqulmrnntr br lho Partlcuhr appmval that is requ6bd.
en apiiliation foi ittannlng and Envinnrnanlal Commkalon t€vlerA, canoot b€ aaoapted untll a rsqulred infomatlon
ie roiiived by the Communlty Dwslopm€nt Oepqrtment. tho prl€ct may dbo neod to bo r€view€d by the Town
Councll and/or the Deshn Rodew Board.
Typs of Appllcallon and Fee:
DefCflptlon of the Requoat. Pleas<: see attached narratlve descrllt{nn
Locat|onofthoPropotal:t"ot:-3--8|ock:6SuM|vie|on:@
Phyalcal Addree.:74 l{lllow Road
Parcel No":(Contacl EaSle Co. Assoosor at 970€28.8840 for parcel no.)
Tranlna: HnMI'Rr|||.E|.U'-'t..
Name(s) of Owner(t):The lJlllows Condoml-nluur Assoclatlon, Inc.
Malllng Addrea8: .74 Wll-low Road- Va{'l n Co 8l 6q7
Phone:
-
Ownor(a) Slgnature(s):see attached letter
Namo of Appllcant:Triunph Develo t. LLC
Malllng Addres!r 8120 Woodmont Avenue Sulte 800
-nEttresaa,m 2o8t+Phona: lqL:!ll:!l!!
E-mall Addre.s:steveGtrlumphdev. com Fax 301-657-5948
R€aoning $1300
Major $ubdlvltlon S1500
Mlnor SubdlvlBion 0650
EGmPtion Plat $850
Mhorfunendnent to ansm $lo(x)
New SpEdal Do\rolopmant Dbttld $6000
Malor Amerdment o an sDD $6000
Maior Amendmont to an SDD $1250
60 artodor modific€,tions)
Mlnor Exterior Aitoraflon
liblor Exlarior Altorauon
De\relopmonl Plan
Arngr|dnEnl b a Do\r€lopmem Plan
Zonlng Coda Anerdrnent
Vadanca
SlNgn Vaf lanca
s650
$800
s1600
$250
$1300
$500
s200
d
G\ooC
fi
cnaxv., lQ?? av,
Meodng D4e: ?. -o+-6L trQNt'
Page I of 7-04'/01/04
t
^l1,
o_ry
TOI,I/NOT I/AII,P
o DeeCrlptlon Of tho RegUOEt. Pleasil see attached na,rrstlve descrlFfJ6n..
Locatlon of the Proposal:
Phyelcal Addreoc:74 hlillow Road
Parsel No.: 2101082190-01 , (ContactEagleCo.Aseeseorat970-328-8840forparc€l no.)
Zonlng: HDMF .. _- ..
,/
Name(r) of-Orrner(r)l The Wlllows Condonrlnlum Assoclatlon, Inc.
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oroooAI
Malllng Addreae:-.7.* Wi1low Rqad, V4{1. co 816(7
Phone:
Owner(s) Slgnature(r!:see attached le t ter
Namo of Appllcant:Tr lumph Development, LLC
ftlalllng Addresa:
-
81?0 l{ogdmont Avenye SulFg 800.... , ,. .
Bethesda,MD 20814 p6666; 301-657-10$S '
E.mall Addrees. s r eve@ t.r iumphdev. con Fax 30r-657-s948
Application for Review bY the
Planning and Environmental Commission
Dop€rtmant of Communlty Dev€lopmsnt
75 South Frontage Road, Vsll, Cobredo 81657
tol: 970.479.2139 fax: 970-479.2452
web: www.vallgov.com
Oenoral lnformatlonl
All projech mqulrlne Phnnlng And Erylronmontal Commhabn aevletl' mult recelta appfov€l pflor to submltthg a
buiklln! permlt apptlcatton. Fbaee rabr to tho submittat rEqulr€menF fDr th€ Panhular appmt/al that is roquostod'
en apiitiatton mi i"tanntng and Envlronmontal CommlBelon ltvlew cannot be acc€pled until all requlred informauon
is reillved by the Commrinlty Devotopment Oepartment. Th6 proiect may alao n€ed to bo revlowed by ths Town
Councll and/or tho Dedgn F[:visw Boad.
Typs of Appllcallon and Fee:
. Rmning. Malor Subdlvlslon. Mlnor SubdlvlElon. Ercrnpuon Plat. Mlnor Anendrnent to an SDD. New Spadal De'rolopmanl Obttlcl. Malor Amsndment 10 an sDD. Malor Amendment to FnSDD
(b axle do r mod iflnaiona)
$1300
$1500
$850
$650
s1000
s,6000
$6000
$1260
. Mlnor Exterlor Allaraflon. Malor Enodor Altoratlon. Dovelopment Plan. Arnendmont b a Davebpment Plan. Zonlng Codo Amendment. vaflancs. SEn Vatlancs
$650
$400
$660
$800
$1500
$250
$ 1300
$500
$2C0
--------------..t. Condllional Use P€.mll-
n
For Offlor Uae Onlv: ',. ' 'FeePald: .L-SO| Ctroottu.: / YY / ay:
Maedng0ate:
'u
-J--OL PECNo.:Planner. ' ProlclNo.:
Page I of7"0#01/04
l-r t
Application for Review bY the
Planning and Environmen lal Commission
Departmenl of Communily Devr'lopmenl
75 Soulh Frontage Hoad, Vail, Colorldo 81657
tel: 970.479.2139 lax: 97O.4 /9.2452
web: www.vailgov.com
General I nformation:
All pro.lecls requiring Planning and Environmental Commission review musl receive appoval prior to submitting a
building pennit application. Please reler to the submittal requiremenls lor the particular appmval that is requested.
An application tor Planning and Environmenlal Commission review cann,,l l.e accepled until all required information
is received by lhe Community Developmenl Department. The project r' ,, also need to be reviewed by lhe Town
Oouncil and/or lhe Design Review Board.
Type of Application and Fee:
,/v Condiiionrl Use Permil
Floo@lair ; l.lodilication
Minor Frlerior Alteration
lVlajor Exte r : :r Alteration
Developmnnt Plan
Amendme'rt to a Developmenl Plan
Zoning Cc 'r n mendment
Varianoe
S(;n Varia :e
Rezoning '
Major Subdivision
Minor Subdivision
&emption P_lat
Minor Amendmenl to an SDO
New Special Development Dlstrict
lviaior Amendmenl to an SOO
Maior Amendment to an SDD
@o erterior modifications)
$1300
$1500
$q50
$6s0
$1000
$6000
$6000
$12s0
$650
$400
$650
$800
$1soo
$2s0
$13@'$500
@0
4
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The Willows Condominiun Association, IncName(s) of Owner(s):
Malling Address: 74 willow Road vail' c0 81657
rnone:
Owner(s) Signature(s):see attached letter
Name ol Appllcant:Triunph DevelopnenE. LLC
8l2O Woodnoll ..+y". Suite 800 .,,.. ...- _,rp,.Malllng Address:
Be thesda MD 20814
E-mall Address:
Phone: 301:657-1112
SteveGTriumphdev. com Fax 30r -657-5948
Page Iol 5-{)-ll01/(}l
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Cunent Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Curent Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Allowed/Reouired
9,767 sq.ft.
20 ft.
48',
20ft.
48'
The lYillows Re development C omparison Properties
Bishop Park, 43 and tXl Willow Place
Lots 1 and 2, Block 6, Vail Village 1o Filing
High Density Multiple Family
Village Master Plan
High Density Multi-Family
30,848 square feet (0.71 acres)
Allowed/Reouired Existino
18,493 sq.ft. 21,482sq.fr,.
16,966 sq. ft. (55%) 10,766 sq. ft. (34.9%)
20ft. 5'48' 55'
Riverhouse Gondominiums, 83 Willow Place
Lot 3, Block 6, Vail Village 1s Filing
High Density Multiple Family
Village Master Plan
High Density Multi-Family
16,523 square feet (0.38 acres)
Existino
16,190 sq.ft.
0'
NA
1',
43.5'
Attachment D
Difference
116%
< 20o/o
> 15'
>7',
Difference
165%
<12o/o
> 19.8'
NA
Difference
221o/o
< 11o/o
> 20'
NA
Difference
't32to
> 37o*
> t9'
<4.5'
o
9,087 sq. ft. (550/o) 7,148 sq. ft. (43%)
20ft.48' NA
Edelweiss, 103 Willow Place
Lot 4, Block 6, Vail Village 1d Filing
High Density Multiple Family
Village Master Plan
High Density Multi-Family
15,825 square feet (0.36 acres)
Allowed/Required Existinq
9,487 sq,ft.20,970 sq. ft.
8,703 sq. ft. (55%) 6,963 sq. ft (44o/o)
Summefs Lodge, 123 Wllorv Place
Lot 5, Block 6, Vail Village 1" Filing
High Density Multiple Family
Mllage Master Plan
High Density Multi-Family
14,063 square feet (0.32 acres)
Allowed/Reouired Existinq
8,438 sq.ft.1'l,202sq.tl.
7,031 sq. ft. (50%) 7,420 sq. ft. (53%)
'facts in file regarding site coverage were conflicting
Riva Ridge North, 133 Willow Place
Lot 6, Block 6, Vail Village 1" Filing
High Density Multiple Family
Village Master Plan
Current Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Curent Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
Name and Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Site Size:
Total Site Standards
Density, GRFA (max):
Site Coverage (max):
Building Setbacks:
Height:
High Density Multi-Family
11,935 square feet (0..274 acres)
Riva Ridge South, 114 Willow Road
Lot 7, Block 6, Vail Village 1" Filing
High Density Multiple Family
Village Master Plan
High Density Multi-Family
15,333 square feet (0.352 acres)
Allowed/Required Existino
Allowed/Required
7,161 sq.ft.
? sq. ft. (ss%)
20 ft.
48'
9,199 sq.ft.
NA
20'
48'
20 tr.
48'
20 ft.
48'
Existinq
13,126 sq. ft.
?sq.ft
1'
45'
19,824 sq. ft.
NA
1',
45',
4',
48'
10'
44',
Difference
183%
> 19'
<3'
Difference
215%
NA
>19,
<3'
Difference
116%
>5%
>16'
NA
Difference
1 o/o
< 18%
>10'
<4'
The Willows Condominiums, 74 Willow Road (existing)
Lot 8, Block 6, Vail Village 1" Filing
High Density Multiple Family
Village Master Plan
High Density Multi-family
21,1M square feet (0.49 acres)
Allowed/Reouired Existino
16,069 sq.ft.18,607 sq.ft.
11,595 sq. ft. (55%) 12,638 sq. ft. (60%)
44Willow Road
Lot 9, Block 6, Vail Village 1d Filing
High Density Multiple Family
Village Master Plan
High Density Multi-family
12,630 square feet (0.29 acres)
Allowed/Required Existino
7,579 sq.ft.7,531 sq.ft.
6,947 sq. ft. (550/o) 4,678 sq. ft. (37olo)
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Attachment:,F
Department of Public Worl<s & Transportation
1309 Elkhorn Dnve
Yail, CO 81657
970-479-21 58
Fax: 970-479-2166
www.vailgov.com
MEMO
To:
From:
Re:
Date:
Elisabeth Reed
Tom Kassmel, Town Engineer
Willows Redevelopment PEC Review
t0t20/06
The Town of Vail Public Works Deparhnent has received the Plaruring and Environmental Commission submittal
plan set dated 10/17106 for the Willows Redevelopment. Based on our review the following comments will be
required to be resolved prior to approval.'
Comments
L The Porte Cochere area does not meet curent town standards. TOV standards requires a minimum
entrance angle of 70 degrees for 30'. However due to its location on a one way street and the uaffic
flows in and out ofthe Porte Cochere area PW can support this variance.
2. Show driveway slopes on Porte Cochere.
3. Show sight distance triangle on Landscape/Site plan. Sight distance must comply to code or meet
AASHTO guidelines for intersection sight distance for a 15 mph road. Existing trees may be limbed to
accomplish this.
4. Provide an 8' concrete pan at drive entrances. A 4' pan with a l" invert may be used if it has adequate
drainage capacity. Please provide drainage analysis. These pans shall not be heated.
5. Show top and bottom of all wall elevations. The walls at sections 3,4,5 should be higher in order to
protect patio and building from showplow "slobber", as discussed with the applicant.
6. All retaining walls must be a minimum of 2' offadjacent property lines.
7. Minimum two way drive access into parking garage is 22'. As discussed with applicant, if a traffrc
control device is provided (signal inside garage) to dictate directional flow and a minimum of 40' of two
way drive width (22') is provided at the driveway entrancs, then the drive can be narrowed to l4'.
8. Minimum two way garage door access width is 20'. If an appropriate traffrc flow device is installed the
entrance may be narrowed to the l8' shown.
9. Show snow storage on site, it must be on private property not in the ROW. Please show area in square
footage.
10. The mininrum width of the porte cochere is 12' for one-way access at all points, the center scales at
I 1.5'.
I l. The developer has proposed to reconstruct Willow Rd to provide an 8' paver walk and a 12' travel lane
with curb and gutter, similar to Hansen Ranch Rd. and East Gore Creek Drive. Preliminary desip plans
should be provided prior to approval. This improvement is consistent with the intent of future
Streetscape improvements and is supported by Public Works.
Coordinate with AIPP for Public Art contribution.
The Developer complies with Public Works Ceneral Conditions of Approval. (See attached)
t2.
13.
o
Town of Vail
Public Works
General Conditions of Approval
l. Please add the Town of Vail General Notes to construction plans. (Notes can be e-mailed upon request)
2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility design.
3. All construction staging issues shall be resolved prior to construction including staging, phasing, access,
schedules, traffic control, emergency access, etc...
4. A Rowrutility permit shall be obtained and approved by the Town of Vail prior to commencing any
construction withinpublic Right of Way
5. A Town of Vail Revocable ROW permit shall be recorded for all private property improvements located
within public ways.
6. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded
with Eagle County.
7. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including;
excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and
plans shall include all existing conflicts (i.e. utilities).
8. Any excavation shoring methods used that encroach upon adjacent public or privat€ property shall have
_ approval by the appropriate owner and have a recorded easement prior to construction.
a S. e bOpHE permii and all applicable ACOE permits (i.e. Dewatering) shall be submittedprior to
- construction.
10. Provide full civil construction drawings meeting Town of Vail standards prior to building permit
submittal.
I
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Attachment:
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The Willows
VAIL, COLORADO
Revision:Job No: 23270 Sheet No:
Drawn By:
RESORT DESIGN ASSOCIATES INTERNATIONAL
1434 Spruce Sreet Suite'110 Fa)( 303-449-3366
Boulder, Colorado 80302 T€l: 30!4494433
Date:
Scale:
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The Willows
VAIL. COLORADO
Revision:Job No; 23210 Sheet No:
Drar,rn By:
RESORT DESIGN ASSOCIATES INTERNATIONAL
1434 Sp{.€r Slrcst Slib 110 FrI: 309493386
Souldor, Colorado 80302 Tsl 30:!-449-4433
Date:
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VAIL. COLORADO
Revision:JobNo: 23270 Sheet No:
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RESORT DESIGN ASSOCIATES INTERNATIONAL
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Bolider, Cobrado 80302 Tel: 3O|}.44H433
Date:
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The Willows
VAIL, COLORADO
Revision:Job No: 23270 Sheet No:
Drawn By:
RESORT DESIGN ASSOCIATES INTERNATIONAL
143 Sprrl(r suoer Suits 110 Fsrs 3m-44$3366
Bcr*r€r, Colordo 80302 Tel: 303-4494,,133
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THE WILLOWS
74 Willow Road
Vail, CO
Project #:23270
October 13, 2006
Gross Square Footage: (Measured to the center of corridor walls and the
outside face of stucture of exterior walls)
First Floor:
3;[Jriit#:l O1::(EiF,, #tr):r,1i260 sq;"f i:'f '
it#iljtl 0#' ffi i9l#s U#L4o sqr,lt.
lunit #105 (Employee): 670 sq. ft. ./ . /
i1ffi?Toa:1trtr.p,+,q):;2, r I 0 ss, ft; ibr'd'r /a J "rr)
Second Floor:
Third Floor:
Fourth Floor:
Gross Total: 32,910 sq. ft.
First Floor Total: 8,01 5 sq. ft. - 1r7o z 7 , 45
Uifif-#205,(W: O. i#7).:"9,0 55 Sqj. ft . I
Second Floor Total: 9,235 sq. ft.
Third Floor Total: 9,235 sq. ft.
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Attachment: L
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS 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 25,2006, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a recommendation to the Vail Town Council of a proposal to establish
Special Development District No.40, pursuant to Article 12-9(A), Special Development
Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums,
located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1".Filing, and setting forth
details in regard thereto. (PEC06-0061)
Applicant The Willows Condominium Association, lnc., represented by Triumph
Development, LLCPlanner: Elisabeth Reed
A request for final review of a conditional ,use permit pursuant to Section 12-6H-3,
Conditional Uses, allow for the construction of timeshare estate units, fractional fee units
and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1't
Filing, and setting forth details in regard thereto. (PEC06-0062)
Applicant: The Willows Condominium Association, Inc., represented by Triumph
Development, LLC
Planner: Elisabeth Reed
A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption
Plat Review Procedures, Vail Town Code, for a modification to a shared property
boundary between Lots 3 and 4, Block 5, Bighom Fifth Addition, located at 4916 and 4920
' Juniper Lane, and setting forth details in regard thereto. (PEC06-0063)
Applicant Slick Asset Management Trust, represented by William and Sally Slick, Co-
TrusteesPlanner: Matt Gennett
A request for a recommendation to the Vail Town Council of an amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and
Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the
Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to
include the study "West Lionshead" area, generally located at 646, 862, 890' 923' 934,
953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon
Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more
complete legal description is available at the Community Development Department), and
setting forth details in regard thereto. (PEC06-0008)
Applicant Vail Resorts Development Company, Town of Vail, and Glen Lyon Office
Building General PartnershiP
Planner: Wanen Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site Msits that
precede the public hearing in the Town of Vail Community Development Department.
Pfease call 970-47$2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Published September 8, 2006, in the Vail Daily.
o Attachment: M
O WiilowsSDD application
Adjacent owners mailing list
100 Vail Road
William J. Dore
C/O Dore Family Office
PO Box 67
Sulphur LA
7offi
10 Forest Road
Ronald J. Byrne
10 Forest Road
Vail CO
81657
. 44 Willow Place
Patricia L. McMunn Unit 1
1741 Galleon Drive
Naples FL
34109
Helen Miller Kurtz Unit 2
6 Eaton Road
Scarsdale NY
10583
Alford, Theodore Bruce & Barbara Lawrence
One Chestnut
Weston MA Unit3
u2193
Bishon Park
Bishop Park Condominium Association
C/O Phillips & Associates, Inc.
PO Box 1403
Vail CO 81657
Edetweiss
Edelweiss HOA
103 Willow Place
Vail CO
81657
Riva Ridge South
Riva Ridge South Condominium Association
C/O Willows Management
T4Willow Road
Vail CO 81657
Willow Road Public Park
Town Of Vail
75 S. Frontage Road
Vail CO
81657
It TelePhone:
970.476.0300
970.476.6s00
Telecopier:
970.476.4765
Bmail: Art.Abplanalp
@earthlink.net
Law 0ffice of
Arthur A. Abplanalp, Jr.
L.L.C.
Post Office Box 2800
Vail, Colorado
81658-2800
l4 September 2006
Attachment: N
Physical Address:
Suiie 301
Vail 21 Building
472 East Lionshead Circle
Vail, Colorado
81657
Planning and Environmental Commission
of the Town of Vail
75 South Frontage Road West
Vail CO
Re; Vy'iliows Condominium Redeveiopment
Members of the Commission:
This office represents Riva Ridge South Condominium Association in connection with an
application for the demolition and redevelopment of the Willows Condominium, which is
adjacent to Riva Ridge South. The application for the redevelopment of the Willows
Condominium is scheduled for a work session with the PEC on the 25th of September, and this
letter is being directed to the PEC in connection with that work Session.
It should first be emphasized that Riva Ridge South supports the redevelopment of the
Willows Condominium. On its face, the current Willows redevelopment plan appears to be
aftractive. Although there is at least one violation of the common properly line by a proposed
roof line, that arrangement may be acceptable to Riva Ridge South, recognizing that a similar
condition may exist with reference to the roof of Riva Ridge South. There are, however, several
considerations which compel Riva Ridge South to point out that the application is not ready for
formal consideration by the Town of Vail, although the work session review which is scheduled
is a logical and necessary first step toward redevelopment of the Willows project.
First, the application filed. .,vith the Town of Vail does not indicate rrhether or not tle
current proposal can proceed without the use of the lot to the east, which is the Riva Ridge South
Condominium properfy. By overlaying the Garage Level Floor Plan (which doesn't establish the
location of the property lien or Riva Ridge South) on the First Level Floor Plan (which does
establish the location of the property line and Riva Ridge South) (see attached), it appears that
the garage/foundation wall will be only approximately thirteen feet from Riva Ridge South
(without consideration of the actual area of excavation, although Mr. Pyleman has indicated that
the Willows actually is to be moved eighteen inches to the west). Excavation and construction in
such close proximity to Riva Ridge South may affect the structural stability of its building.
Information regarding the nature and effect of this proximity, which has a direct relationship to
the question of whether the Willows project can proceed without the use of Riva Ridge South
land, should be provided and available to the Town before formal consideration of the
application by the PEC.
Recent discussions between the Willows developer and Riva Ridge South indicated that it
may be impossible to construct the east wall of the proposed parking garage/foundation wall
without the use of soil nails or similar devices which would extend across the properly line onto
Riva Ridge South property. If this is the case, the use of soil nails or other construction
technique may affect the structural integrity of the improvements on the property. Alttrough
representatives ofRiva Ridge South have discussed the project and hope to cooperate with the
Willows developers, at this point in time no information regarding construction techniques have
been provided. To the best of the knowledge of the representatives of Riva Ridge South, plans
have not been developed by the Wiilows developers which identiS the requirement for
construction of that garage/foundation wall or the nature, scope, or impact of such construction
on Riva Ridge South property. The developer should be required to confirm the type of
construction technique which will be employed so close to an existing building.
The questions of whether Riva Ridge South property must be used or penetrated in
association with the Willows project and whether fuva Ridge South can or will permit the use of
its property in association with the Willows project must be resolved prior to formal
consideration of the Willows application. Otherwise, the Town may find that it's staff time and
effort will have been devoted to a project which cannot proceed because the project is premised
on an assumption (use of Riva Ridge South property) which cannot be realized.
Riva Ridge South has several other concerns which should be considered early in the
consideration of the Willows project.
One central concem is the preservation of existing large trees which are located in whole
. or in part on Riva Ridge property. One of these trees appears to be within ten feet of the
proposed Willows garage wall (again without consideration of the actual area of excavation).
These trees may be killed by adjacent excavation and construction activity.
Riva Ridge South is also concemed regarding the demolition of the current Willows
structures. While it is, perhaps, to early to expect definite answers to this concern, it is a concem
which will arise during the planning process.
Another issue relates to the possible redevelopment of the Riva Ridge South project.
Riva Ridge South must obtain assurance, to the extent possible, that the development of the
Willows project will not affect or limit the redevelopment of its own property.
Further, the effect of the Willows redevelopment project should not affect the enjoyment
of the Riva Ridge South property by its owners. Although a commitment has been made to
provide visual depictions of the appearance of the Willows project from the Riva Ridge South
condominiums, that has not yet occurred.
While the fundamental and preliminary questions of (a) whether Riva Ridge South
property must be used in association with the Willows development property and (b) whether the
Willows redevelopment plan may affect the structural integdty of the Riva Ridge South property
should be determined before formal consideration of the Willows project occurs, each of these
concerns noted above should be dealt with and resolved during the early review ofthe project
proposal.
For each of the reasons noted above, Riva Ridge South Condominium Association
cannot, at this time, provide any assurance whatsoever that the Wiliows redevelopment project
will be able to use Riva Ridge South property or that support can be given to what generally
appears to be an attractive project. In order to determine whether the Willows project can
proceed without the use of Riva Ridge South property, the effect of the proposed construction in
close proximity to that property must be determined and evaluated, and a decision should be
made regarding the terms upon which Riva Ridge South property may be used, if such use is
necessary, before the Willows application receives formal consideration'
If the PEC and the Town of Vail proceed with formal consideration of the Willows
redevelopment project, that decision must be premised upon the understanding that no agreement
may ever be reached permitting the use of Riva Ridge properly in the redevelopment of the
Willows. Approval of a project premise d on an erroneous assumption would be an unfortunate
and expensive experience for all concemed, and the Riva Ridge South Condominium
Association hopes that, to the extent possible, these issues will be resolved before action is taken
by the Town on the pending application.
If you have any questions regarding the foregoing, you may contact me.
On behalf of the Riva Ridge Condominium Association, I thank you for your
consideration of the Association's concerns relating to this matter.
Enclosure
xc: Riva Ridge South Condominium Association
Town of Vail Department of Community Development
Attention: George Ruther and Elizabeth Reed
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Telephone:
970.476.0300
970.476.6500
Telecopier:
970.476.4765
Dmail: Art.Abplanalp
@earthlink.net
Law Office of
Arthur A. Abplanalp, Jr.
L.L.C.
Post Office Box 2800
Vail, Colorado
81658-2800
09 November 2006
Physical Address:
Suite 301
Vail 21 Building
472 East Lionshead Circle
Vail, Colorado
81657
Planning and Environmental Commission
of the Town of Vail
75 South Frontage Road West
Vail CO
Re: Willows Condominium Redevelopment
Members of the Commission:
This office represents Riva Ridge South Condominium Association in connection with an
application for the demolition and redevelopment of the Willows Condominium, which is
adjacent to Riva Ridge South. The application for the redevelopment of the Willows
Condominium is scheduled for final consideration by the PEC on the 13th of November, and this
letter is being directed to the PEC in connection with that hearing.
As was noted in the letter sent to the Town in *ro"iutiorr-*ith the work session
consideration of the Willows proposal in September, it should first be emphasized that Riva
Ridge South supports the redevelopment of the Willows Condominium. The current Willows
redevelopment plan appears to be attractive and to have been developed in a manner consistent
with the concems of the neighboring property owners. Consistent with the position of Riva
Ridge South during the work session, this letter is being provided to the Town in part to confirm
the conditional and qualifred support of the proposed Willows project. The second purpose of
this letter is to confirm that there remain several concen$ with the project which, though not yet
resolved, appear to be on track toward resolution in a manner which should permit the proposal
to advance to the Town Council for consideration on the question ofthe creation ofa Special
Development District consistent with and based upon the plans delivered and representations
made to Riva Ridge South. Critical to this qualified support is the assumption that, if granted,
the set-backs from Riva Ridge South and the courtyard established west of Riva Ridge South
will be integral elements of the Willows redevelopment plan.
The concerns which have been expressed by the Riva Ridge South Condominium
Association were reviewed in my letter to the Town of the l4th of September but should be
reiterated and up-dated in connection with the forthcoming formal hearing.
The foremost concern of the Association is the proximity of the proposed Willows
project to Riva Ridge South. This concern is associated (a) with the possible effect of
construction and (b) with the interrelationship, with reference to set-backs, between the two
structures. The developer of the Willows project has provided a preliminary report from an
engineer indicating that the construction techniques to be employed in the project will not affect
3
the Riva Ridge South structure. The building configuration has been changed somewhat to
increase the separation of the two structures at their closest point. Although additional
information related to the construction technique analysis may be necessary, that report and the
change in the location of the proposed Willows structure have given the Association some
assurance regarding its principal concems.
A second central concern remains the presewation of existing large trees which are
located in whole or in part on Riva Ridge property. The Willows developer has provided a
preliminary report regarding the probability and techniques required to preserve those trees, to
the extent possible. Again, the developer seems to be on track to satisfy the concems of the
Association with respect to this matter, although additional information is to be provided.
Riva Ridge South is also concemed regarding the immediate effect of demolition of the
current Willows structures and construction of the new Willows project. The Willows developer
has indicated that the company is willing to enter into an agreement to establish a construction
pro$am mitigating those impacts and dealing with other concems, and the Association is willing
to work toward creating such an agreement in the near future.
While conditioned upon and qualihed by the understanding that there will be progress
and resolution regarding the concerns of Riva Ridge South as the Willows project progresses,
Riva Ridge South Condominium Association is able, at this time, to indicate that it supports the
Willows redevelopment project as it is presently configured and upon the condition that the
issues with which it is concemed will be resolvedprior to final approval of the proposed SDD.
If the PEC and the Town of Vail proceed with formal consideration of the Willows
redevelopment project, that decision must be premised upon the understanding that the
commitment of Riva Ridge South to support the project before the Town Council will be
affected by the anticipated progress toward resolution of identified issues. Riva fudge South has
no reason to believe that resolution ofthose issues cannot be achieved.
If you have any questions regarding the foregoing, you may contact me. On behalf of the
Riva Ridge Condominium Association, I thank you for yow consideration of the Association's
concems relating to this matter.
Arthur A. Abo
xc: Riva Ridge South Condominium Association
' -"vArr vrrroarGoMEowNERS etSaIATIoN, INC.
President - Alan Kosloff Secretary - Ellie Caulkins Treasurer - Patrick Gramm Executive Director - Jim Lamont
Directors: Judith Berkowitz - Dolph Bridgewater - Richard Conn - Gail Ellis - Ron Langley
Eugene Mercy - Bill Morton - Trygve Myhren - Gretta Parks - Emeritus: Bob Galvin
To: Mayor and Vail Town Council
From: Jim Lamont
Date: November 20,2006
RE: Willows Lodge Special Development District Application - Public Benefit Determination
and Funding Allocation Request
It is requested that the following public benefits and funding allocation be included in the consideration
of approval for the Willow Lodge Special Development District. These additional public benefits have
immediate or direct relationship (nexus) to the proposed redevelopment site and address traflic safety
and congestion issues.
1. Vail Road Streetscape Plan: The applicant will proportionally participate in funding of a
streetscape plan and recommended improvements for the section of Vail Road between Chapel
Bridge and the entrance to the Vail Front Door Project. The streetscape plan is to include
provision for a separated pedestrian and bike path, street lighting, retaining walls, landscaping,
curb and gutter.
2. Vail Road Chute: The applicant will proportionally participate in funding an expansion of the
snow melt system and roadway in order to provide for two way traffic on the Vail Road Chute.
j Summarv:
The Planning and Environmental Commission gave inadequate consideration to the foregoing
public benefits because of the lack of a streetscape plan for Vail Road with an accompanying
detailed cost/benefit analysis and their over emphasis upon another competing priority, off-site
affordable housing. The funding allocation far exceeds the off-site affordable housing standard
being considered for all properties in the same or similar circumstances.
If there is not a contravening agreement between private property owners and the Town of Vail,
when weighing safety against aesthetics and costs, in both instances cited below, public safety
needs to be given priority. It is urged, in the determination of public benefits and funding
allocations, that the highest priority be given to those public improvements which have direct
connection (nexus) and solution in the immediate neighborhood and surrounding Vail Village.
Discussion:
l. Yail Road Streetscape Plan: The segment of Vail road between Chapel Bridge and the Vail
Front Door is the last remaining section of roadway in Vail Village for which a streetscape plan
remains to be prepared. It is also, the last remaining section of Vail Road that does not have a
sidewalk. Once the Vail Front Door project is completed there will be a considerable increase in
two way vehicular traffic on Vail Road. The applicant's plan to route pedestrian and bike traffic
onto Willow Road is in response to a priority set out by the Town Staff.
The merit and justification for this priority cannot be adequately determined because there are no
streetscape improvements planned for the adjacent section of Vail Road. The determination, as
a priority, of the proposed Willow Road pedestrian/bike route is not overly compelling. The
intent of the route is not readily apparent to passers-by and its grades do not give ease of access
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e willow n""a.frhere is the need to provide ato the Vail Front Doofihway. Even with thr
safe pathway alongside Vail Road so that pedestrians and bike riders, which at times are
considerable, will have a safe refuge from the expected increase in two way traffic of large
trucks and passenger vehicles.
Reasons given for not making sidewalk improvements along Vail Road are because the required
roadway realignment will require retaining walls to be constructed. Secondly, the sidewalk will
require the removal ofprivately installed aesthetically pleasing landscape, located on public
right-of-way, which separates the parking area of a private residence from the roadway.
Furthermore, the sidewalk's construction will require the driveway and parking for the private
residence to be reconfieured.
2. Ya;il Road Chute: Improvement planned as part of the Vail Front Door will reconstruct the Vail
Road Chute into a heated one-way configuration. Expanding the road into a two way
configuration would allow "lost traffic" arriving at Check Point Charlie to be routed back on to
Vail Road rather than directed on Willow Road through Bishop Park which is the current
situation. It is the long standing desire ofthe Bishop Park neighborhood to reduce through-traffic
on Willow Road. It is reported that both the Town of Vail and VRI boiler systems have capacity
to serve the expanded roadway surface.
The Vail Road Chute, via International Bridge and the to be completed Cross Roads Chute,
which will also be heated, is planned to be a secondary truck circulation route from the Vail
Front Door and One Willow Road dispersed loading and delivery facilities. Consideration
should be given to insure that there is adequate separation ofpedestrian and bicycles from
vehicular traffrc in the Vail Road Chute .
Reasons given for not expanding the Vail Road Chute is that its realignment would interfere with
the location and grade of the access driveway for the Riva Ridge South building. The driveway
would need to be relocated. Commitments have been made by VRI to improve the landscaping
on Vail Road, in the vicinity of the Chute, to screen the Riva Ridge South Building from the
entrance to the Vail Front Door vehicular entrv.
Post Olfice Box 238 Vail. Colorado 81658
Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856
e.mail:g!E@j!49! website:www,vailhomeowners.com
Crossroads SDD #39 Employee Housing Requirement
Excerpt from DIA dated July 25, 2006
"d. Employee Housing: Crossroads shall provide the Town deed restricted employee
housing sufficient to accommodate 12 occupants by executing appropriate restrictive
covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall
conform to the following floor area reguirements: a one-bedroom unit shall contain at
/easf 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two-
bedroom unit shall contain at least 850 sg. ft. of floor area and accommodate no more
than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area
and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at
least 1,500 sq. ft. of floor area and accommodate no more than 5 occupants. The Town
may approved minor variation in floor area when the overall intent of the floor area
requirements is being meL Any deed restriction shall be for property located within the
Town. Such deed restriction(s) shall be executed and provided to the Town for
recording and restricted unit(s) shall be available for occupancy prior to the issuance of a
temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any
deed restricted employee housing unit shall comply with the standards and procedures
established by the Town Zoning Regulations."
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WILLOWS DEVELOPMENT AGREEMENT
THIS WILLOWS DEVELOPMENT AGREEMENT (this 'Agreemenf) is made
effectiveasofthg..---3ayof-,2007,byandbetweentheToWNoFVA|L'a
municipal corpordgfrOuly 6rganizeO anO existing under ind by virtue of the laws of the State of
Colorado (the "T{wd),/nd Triumph Development, LLC, a Maryland limited liability company
("Triumph"). The Tbnnfand Triumph are collectively referred to herein as the'parties".
RECITALS:
A. Triumph intends to redevelop certain real property in the T , commonly known
as The Willows, which is located in Special Develo District No. 40, legally
described on Exhibit A attached hereto and
"Propertf).
by reference (the
B.The Town, through its appropriate boards and reviewing its Town
Council and Planning and Environmental Commission, has
plans for The Willows that consist of the "Approved Development
and defined in the Town of Vail Ordinance No. 30, Series 2006 (the
to allow for the redevelopment of the Property (the "Willows
Town's Design Review Board is currently in the process of reviewing final plans for the
Willows Redevelopment, and u
Willows Approvals.
shall become part of the above-referenced
C. Pursuant to the Willows Approvals mitigate the impact of the Willows
Redevelopment, Triumph has n public benefits and
Approvals and as furtherimprovements (the "Public Benefits")out in
provided in the Town of Vail Ordi
described and defined herein.
30,2006, and as more speciflcally
NOW, THERFORE, in consideration of the affie premises and the mutual covenants and
agreemelMstdfQ|1h herein thg parties agree as follows:
Vilta,"re E
The parties hereby agree that if Triumph moves forward with
responsible for providing theTriumph shall be
following to the terms below:
5 lr?ffi .. G tvir?eovane,*t+
; Triumph shall bg responsible for
:H',J -J,.lmprovements shall be subject to the bonding requirements detailed in
t1-lff{..j) ft>t",V.iY"Paragraph 2 below. Triumph hereby agrees that it shall be responsible for all
;rii; *7 e,l legal requirements and costs associated with construction of the Willow Road-;,; . eA,'TlUil Streetscape lmprovements'
-
hal bee^ - alhte4 ,$) Public Ad: Triumph will provide public art at a cost of not less than $70,000,
which design and location shall be determined by Triumph and reviewed for
comment by the Town of Vail Art in Public Places Board. This improvement will
. (a) : Triumph shall be responslble tor* c"rb - qy 1: , ' conffi1ffie streetscape im'provements along wiilow Roadhet forth in theffi F,[i:ffi"g:f :#:iT,?:.,"i,:1']i, j" j$ffiufi3li*,iJ:,",ffi f ,lTua*flF"{1'$$*"}frI lwitlor,rl Ro6d streetscape tmprovements'). tne willow ftoad streetscape
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Triumph\Willows D€velopment Agreenent (l-3-07).doc
not be subject to the bonding requirements of Paragraph 2 below.
(c) Employee Housing: Triumph shall provide or othenrrise secure and deliver to the
Town:
i. one (1) Type lll Employee Housing Unit onsite that complies with
the Town of Vail Employee Housing requirements (Chapter 12-13
of the Zoning Regulations, Town of Vail Code), and is allocated for
sole use by The Willows Condominium Association for employee
housing. This employee housing shall be provided as
indicated ln the Willows Approvals completion of this
and record a deedemployee housing unit, Triumph
restriction, in a form approved own of Vail Community
Development Department, to this unit as an
unit must be
certificate of
occupancy has been issued for it) prior to ofa
of thecertificate of occupancy for any new unit
Willows Redevelopment; and
ii. deed restricted employee housing for a total of eleven (11)
further defined in Section 12-2-2 of the Vail Town
employee housing unit. This
substantially mmpleted (meaning a
Code.
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be located
gross
housing orms to
shall be provided in Type l, Type lll, or Type
or any combination thereof, and shall
Vail. Notwithstanding the minimum
) requirements for employee
12-13 of the Zoning
Triumph shall provide or
the Town deed restricted
the following floor area and
utrem
employee housing unit ("EHU") shall
550 square feet of GRFA and shall
no more than two (2) employees;
- BffidUeCroom EHU shall contain at least 850 square feet
Gnm anO shall accommodate no more than three (3)
"employees; and- a three bedroom EHU shall contain at least 1,350 square
feet of GRFA and shall accommodate no more than four
(4) employees.
This employee housing requirements set forth herein will not be subject to the
bonding requirements of Paragraph 2 below.
(d) Public Safety Radio Communications: Triumph shall install a public safety radio
communications system within the subterranean parking struclure that meets the
specifications of the Town of Vail Communications Center. The specifications
and details of this system shall be depicted on the building permit set of plans
submitted to Town staff for review and approval. This improvement will not be
subject to the bonding requirements of Paragraph 2 below.
'oom
least
units
, ToWh of Vail *Code,
Triumph\Willows Development Agreement (l-3-07).doc )
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^A -^+ t^-+|. r.^,^i^ ^r.^tt a^^- ,^{^,^^^^- +^ +lr^.^ F.l,t|.ra ahhr.rrrar{ hrr fho Tnurn nf Vail fOf ".rassetf@tothbsep|ansapprovedbytheTownofvgi||o.1;'";t
construction of the Willows Redevelopment project and as further provided in Town of Vail Lrw
Ordinance No. 30, Series 2006, and may be modified only as approved by the Town through the r,+.a
building permit process or otherwise. lf a conflict arises between any construction plans co
previously submitted and those approved as part of the building permit for this project, the
parties agree that the building permit plans shall control.
4. Certificate Of Compliance. lt is agreed that u of any of the Public Benefits
contemplated by this Agreement and upon the of the applicable warrantY Period
defined herein, the Town shall, upon the req a certificate stating that all
improvements have been constructed in com Said certificate shall
not be unreasonably withheld if Triumph has Benefit in a good and
ls and any other plans aPProvedworkmanlike manner, and consistent with the Willows
by the Town.
5.
is
.d ^tt P-blic
Wananty. Triumph shall warrant the Willow Road provements for which it
responsible under the Willows Approvals for a period of ) years from the date of
completion and acceptance by the Town. Specifically, Triumph shall warrant that the Willow
Road Streetscape lm1 that are conveyed or othenrise dedicated to the Town of Vail
shall be free from materials and workmanship, and free from any security
interest, monetary brance.
6.touch. concem and run with the ownership
of the Propefi.
7. Notices: Business Davs.
Agreement shall be in writing,
ce required or permitted under the terms of this
legal counsel, and shall be deemed
recipient, by whatever means; (ii)(3) business days after the same is deposited in the
United States mail, with adequate postage prepaid, and sent by registered or certified mail, with
return receipt requested; (iii) one (1) business day after the same is deposited with an overnight
courier service of national or international reputation having a delivery area encompassing the
address of the intended recipient, with the delivery charges prepaid; or (iv) when received via
facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone
number set forth below (provided such facsimile delivery and receipt is confirmed on the
facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be
delivered or mailed, as the case may be, to the appropriate address set forth below:
Triumph\Willows Development Agreement (l-3{7).doc
o
lf to Triumph:
Triumph Development, LLC
8120 WoodmontAvenue, Suite 800
Bethesda, Maryland 2081 4
Attention: Steven J. Virostek, Principal
Telephone: (301 ) 657-1 1 12
Facsimile: (301 ) 657-59/A
with a copy to:
Wear, Travers & Perkins, P.C.
1000 South Frontage Road West, Suite 200
Vail, Colorado 81657
Attention: Gregory W. Perkins,
Tef ephone: (97 O\ 47 6-7 646
Facsimile: (97 0) 476-7 1 18
Esq.
o
lf to the Town of Vail:
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Attention: Town Manager
Facsimile: (97O) 479-2157
T
75S.F
Vail,
Attention: T
Facsimile: (970)
Each party may change its and/or fax numbers for notices pursuant to a written
notice which is given in accordance the terms hereof. As used herein, the term "business
day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail
service is not provided. Whenever any date or the expiration of any period specified under this
Agreement falls on a day other than a business day, then such date or period shall be deemed
extended to the next succeeding business day thereafter.
8. Conditions To Triumph's Oblioations. Notwithstanding any contrary provision herein or in
the Willows Approvals:
a) The Town acknowledges that Triumph does not cunently hold any property
interest in The Willows, and Triumph's obligations under this Agreement are expressly
contingent upon the acquisition by Triumph (or its permitted assigns under Section 8(b) of
this Agreement) from The Willows Condominium Association, a Colorado non-profit
corporation (the "\ffillows Association') of the development rights necessary for Triumph to
satisfy its obligations hereunder. lf for any reason Triumph does not acquire such
Triumph\Willows Dcvelopment Agr€ement (l-3{7).doc 4
development rights and so notifies in writing the Town prior to the issuance of a building
permit and commencement of construction of the Willows Redevelopment, the parties
hereto agree that all obligations of Triumph and the Willows Association arising under this
Agreement and/or the related Willows Approvals shall terminate and be of no further force
or effect, and neither Triumph nor the Willows Association shall have any further
obligations whatsoever hereunder or under the Willows Approvals.
(b) Triumph may assign its rights and obligations under this Agreement to an entity
or entities formed for the purpose of developing the Willows Redevelopment, which is
managed by an affiliate of Triumph and comprised of affiliates of Triumph and other
investment members. Upon such assignment, the assignee shall be substituted in all
respects instead of, and to the exclusion of, Triumph under this Agreement, and Triumph
shall be released of any further obligations hereunder.
9. Severabilitv. In the event any provision of this is held to be illegal, invalid or
unenforceable under any present or future laws, the validity and enforceability of the
remaining provisions in this Agreement shall not
provision there shall be deemed added to this
thereby, and in lieu of the affected
provision that is legal,
valid and enforceable and that is as similar as the affected provision. lt is
generally intended by the parties that this Agreement
to the fullest extent permitted by law.
orovisions be enforceable
10. Exhibits. All Exhibits to this by*the provisions hereof as
being attached hereto are deemed
hereof.
and made a part
11. Entire Aqreement. This Agreement or agreements specificallY
referred to herein represent the entire ag between lffe parties hereto with respect to the
subject matter hereol and all prior or extrinsic
be deemed merged herein.
nts, understandings or negotiations shall
and are not in any sense to be construed as modifying the
parag Each party hereto acknowledges that it has had full and fair
comment upon, and negotiate the terms and provisions of this
circumsta
agree that
law which uire interpretation or construction against the interests of the
drafting party.n to the singular shall include the plural, and to the plural shall
include the singular,reference to any one gender shall be deemed to include and be
applicable to all I The titles of the paragraphs in this Agreement are for convenience of
reference only and
this Agreement.
not intended in any way to define, limit or prescribe the scope or intent of
13. Effective Date. The effective date of this Agreement shall be the date upon which this
Agreement has been executed and delivered by Triumph and so executed by the Town
Manager.
14. Waivers and Amendments. No provision of this Agreement may be waived to any extent
unless and except to the e)dent the waiver is specifically set forth in a written instrument
12.
any ambiguities in the provisions hereof or any other
judicial interpretation of such provisions, the parties mutually
be construed against the drafting party, and waive any rule of
to review,
Triumph\Willows Development Agreement (l-3-07).doc
executed by the party to be bound thereby. No modification or amendment to this Agreement
shall have any force or effect unless embodied in an amendatory or other agreement executed
by all parties hereto.
15. Govemino Law and Venue. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Colorado, and Eagle County, Colorado shall be the
venue for any dispute arising under this Agreement.
16. Additional Assurances. The parties agree
additional documents and to take any additional
carry out the purposes of this Agreement.
to reasonably cooperate to
17. No Third Partv Beneficiarv.
Agreement, nor shall any such
respect.
No third party is intended
third party have any
18. Counteroarts. This Agreement may be executed in counterparts.
constitute an original, and which together shall constitute one and the same
19. Recordinq. This Agreement shall be recorded in the real property
County, Colorado.
execute any
necessary to
be a beneficiary of this
Agreement in any
of which shall
Eaglerds for
20. No Joint Venture or Partnership.of joint venture or partnership exists between
the parties hereto, and nothing contai shall be construed as making the
parties to this Agreement joint venturers or
o 21. Attomevs' Fees. In the event any legal out of the subject matter of this
Agreement and is prosecuted to finalj prevail*[g party shall be entitled to recover
from the other all of the prevailing party's costs expenses incurred in connection therewith,
including without limitation reasonable attorneys'
make this award).
and the presiding court will be bound to
Page Intentionally Left Blank - Signature Pages Followl
Triumph\Willows Development Agreement (l-3{?).doc 6
lN WITNESS WHEREOF, the Town and Triumph have made this Agreement as of the
day, month and year first above written.
TOWN:
TOWN OF VAIL, a municipal corporation duly
organized and existing by virtue of the laws of the
State of Colorado
ATTEST:
Lorelei Donaldson, Town Clerk
STATE OF COLORADO
COUNTY OF
The foregoing instrument was me this day of
2007, by asTown Managerofthe
Town of Vail, a municipal corporation duly
State of Colorado.
by virtue of the laws of the
Witness my hand and official seal.
My commission expires:
Notary Public
[Signature Blocks Continue on Following Page]
4Triumpb\Willows Dev€lopned Agrecment (l-3-07).doc
TRIUMPH:
TRIUMPH DEVLOPMENT, LLC, a Maryland limited
liability company
STATE OF
COUNTYOF
)
) ss:
\
The foregoing instrument was
2007,by
of Triumph Development, LLC, a limited liability company.
Witness my hand and official seal.
My commission expires:
Notarv Public
8Triumph\Willows Developmat Agreemeut (l-3-07).doc
EXHIBITA
LEGAL DESCRIPTION
lrNsERTl
9Triunph\Willows Dcveloprncnt Agtcmax (l-347).doc
Ruther - Willows
From:
To:
Date:
Subiect:
Dear George:
ryee f
"Arthur A. Abplanalp, Jr." <Art.Abplanalp@earthlink.net>
George Ruther <gruther@vailgov.com>
0'l l25l2OO7 12:47:38 PM
Willows
ls you may know, the revised plans for the Willows were delivered to me
yesterday afternoon. While the plans may be great for the DRB and/or
the project (and l'm uncertain of that, because there are some changes
which we can discuss this afternoon), the package which I received don't
seem to relate accurately to the plans which were to have been attached
to the ordinance.
Specifically -
1 . The ordinance refers to a Topographic Survey - there is none in
the package delivered to me.
2. The ordinance refers to a sheet identified as 2.0.1., which was to
have been Building Height Calculations on Existing Grades - there is
none in the package delivered to me.
3. The ordinance refers to a sheet identified as 5.1.1 ., which was to
have been a version of the north elevation - there is none in the
package delivered to me.
4. The ordinance does not refer to a sheet identified as 5.3 among .^z
the elevations, but that is a sheet which is included in the package and .- y'rr
is entiiled courtyard etevations.
,- L,9o+o'
There are some details on the plans which seeml6 be in conflict within
other plans, such as (a) the wall and gate boundary between
4;,f;-<ft',ro
J0{
.,rgt'*
,^i4
Riva Ridge South (Sheet A- 2.1 vs. Sheet A-3.lfand the proposed Willows ^/4 "' _/a .
and(b)theindicationthattherewill beacascadingwaterfeatureat ^t-- 6'--X -.9'
eachend of the spa (Sheet L-1 and A-3.1) vs. the-depiction that there^ - (-r*fu<tuf I vttu ut ufit JP<r lcrlturtr L-t alltu ra-o. t, vD. U|lt urtPtur[I I urcrl urr;rE .:( ,L/t
will be such a feature only at the west end of the feature (Sheet 2.1). -/\ i{t
Also, the cross section dita for the spa which was on a different sheet
and apparently was intended to establish where the cross-sections were
(though without directional data) was removed from this set of plans. .&
n ngf,
Therea|soseemtobemu|tip|eerrorsinthedimensionsbetweenthe
proposed structure and the iroperty line (which are lo be the setbacks) ., O'
whichmuslbecorrected. l'llplanonbeingatyourofficeby4pm. lf ,.. \}' \
there's a delay, l'll tryto give you a call. - \2 tA '
ArrAbplanarp /f( N/
GC:Steve Virostek <steve@triumphdev.com>
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
November 13,2006
A request for recommendation to the Vail Town Council of a proposal to establish
Special Development District No. 40, pursuant to Article 12-9(A), Special
Development Districts, Vail Town Code, to allow for the redevelopment of The
Willows Condominiums located at 74 Willow Road/Lot 8 Block 6, Vail Village
Filing 1't Filing, and setting forth details in regard thereto (PEC06-0061).
Applicant: The Willows Condominium Association, Inc., represented by
Triumph Development, LLC
Planner: Elisabeth Reed
il.
SUMMARY
The applicant, The Willows Condominium Association, Inc., represented by Triumph
Development, LLC, is requesting a recommendation from the Planning and
Environmental Commission to the Vail Town Council regarding a proposal to establish
Special Development District No. 40, The Willows, pursuant to Article 12-9(A), Special
Development Districts, Vail Town Code, to allow for the redevelopment of The Willows
Condominiums, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1"t Filing.
Upon review of the applicable elements of the Town's planning documents and adopted
criteria for review, the Community Development Department recommends that the
Planning and Environmental Commission fonrrards a recommendation of approval, with
conditions of the applicant's request to establish Special Development District (SDD)
No. 40, The Willows, to the Vail Town Council. A complete summary of the Staffs
review is provided in Section Vll of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, The Willows Condominium Association, represented by Triumph
Development, LLC, met with the Planning and Environmental Commission on
September 25, 2006 for a worksession to present a proposed redevelopment application
and two requests: one for the establishment of a new special development district
intended to facilitate the redevelopment of The Willows Condominiums, and the second
for review of a conditional use permit, to allow for the "construction of timeshare estate
units and timeshare license units", located at 74 Willow Road/Lot 8, Block 6, Vail Village
1st Filing. Since that time, the applicant has submitted an additional application for
review by the PEC of a request to construct a Type lll Employee Housing Unit as a
Conditional Use upon the property.
ilt.
The key elements of the proposal to create Special Development District No. 40 are as
follows:
r Demolition of eisting dtructure and construction of a new structure;o Nine (9) new 2-bedroom Timeshare Units;. Nine (9) new Whole Ownership Units with five (5) lock-off unit options;. One (1) new onsite Employee Housing Unit;r Front desk, lobby, porte cochere, library, pool, courtyard, spa, guesUowner ski
storage, below grade parking structure, and other amenities.
As part of the Special Development District request, the applicant is proposing the
following deviationstrom the underlying High-Density Multiple-Family (HDMF) zoning
district:
. * including:
1. Number of dwelling units;
2. Amount of Gross Residential Floor Area (GRFA).
.Wffi
r AilrfllftfifriiiiHrffi
A complete zoning analysis of the site has been provided in Section lV of this
memorandum. A vicinity map has been attached for reference (Aftachment A) as has
the applicant's request and a reduced copy of the floor plans and elevations
(Aftachments B and C).
BACKGROUND
The existing building of the Willows Condominiums was built in 1971 and is in need of
many repairs and upgrades, including but not limited to the following:
. Demolition or extensive repair of the parking decks;. Installation of a fire sprinkler system;r Upgrades to the mechanical systems within the building;. Renovation of all units and common spaces; and,. Renovation to the exterior of the building.
Because the building was constructed using a concrete "T" system, any renovations or
upgrades would compromise the already low (7', 6") head height. Considering the type
of existing construction and the non-conformities of the existing building and site, the
applicant and The Willows homeowners have chosen a proposal to demolish and rebuild
the building instead.
The Willows Condominium building currently houses twenty eight (28) units; twenty
seven (27) one bedroom, 596 square foot units and one (1) studio unit that is 446 square
feet in size. The units are owned by 26 different owners, with each owner allotted thirty
days of summer use and thirty days of winter use per year. When units are unoccupied,
they are placed into an active rental pool.
The applicant has undergone one worksession with the Planning and Environmental
Commission on September 25,2006. A comprehensive list of the Commission's primary
concerns follows:
Regarding deviations and public benefits:
,8%t* 4 . The Commission asked that more thought be paid to the provision of publtc(ZdttltY+c Denefifs to offset the requested deviaions./t) *Jl't rr
V VaAo/ 0/u2. t Several of the Commission memberssuggesfed that more Emptoyee Housing
Units be provided, but in another location. This would include the Unit proposed
within the building itself. However, other members disagreed with that
suggesfion, stating that the vitality of the Village was better preserved through
onsite Employee Housing Units.
o0
6rer#:c The Commission strongly urged further consideration of the seback deviations
being requesfed. Egress issues become more of a problem with less of a
setback as do safefy separation, snow storage, review and constructability of
future development proposals, and olher issues. One member felt that such
encroachmenfs of fhe building would be better allowed below grade only. Others
felt that some height deviations may be considered if the setbacks were to be
improved simultaneously.
Regarding architecture/site design :
The Commission requested renderings of all facades to be provided for study by
the next meeting.
One member of the Commission encouraged the natural transition of gndes
across property lines in order to make property lines indecipherable.
Better intqntion of the exit staircases into the building's design was
mentioned by several members.
Some concern was expresse d regarding the possible eventual widening of Vall
Road.
There was strong support of maintaining some architectural continuity with the
rest of the neighborhood.'rsc:j.:l\-,.'.r
One membeiileked fliefafl frees lo be removd betaggd prior to the next
meeting. , :ii.ij1)*^;
Regarding the proposal in general:
The Commission was quite interested that lncentiv* to rent continue to be
proposed and that the number of hot beds be maintained, if not increased, within
the core of the Village.
One member of the Commission commented that the proposed provision of a
front desk should be portrayed aE more of a benefit than was cunently being
portrayed.
,r/ kr,r,
otffik
0rtrTt'oa'l
O at/nns fn '
t"r
Oo yn"
. Many of the Commission members requesled that Staff analyze the build-out
potential of all the sunounding properties on Willow Circle to better decipher
the effect which currenUproposed deviations may have on the neighborhood. ,r. ; . .;,.. .
Furthermore, the applicant met with the Town of Vail Design Review Board for'"a.'i.:,r',. '.
conceptual review on Wednesday, November 1, 2006. The Board commented Qrf lhgi;irr'l.l r
following items at the time of that review:!,r A t
. Much attention will be paid by the Board to the preservation of existing
landscaping, the promised arborist's report, and the final landscaping plan to
ensure proper screening and appropriate site treatment.
The development proposal is scheduled for review by the Board on December 6, 2006,
provided that a recommendation of approval is fonvard to the Town Council by the
Planning and Environmental Commission.
IV. ZONING ANALYSIS
The proposed deviations to the prescribed development standards outlined by the
underlying zone district, High Density Multiple Family, are listed in bold font.
Zoning:High Density Multiple Family (HDMF)
Land Use Plan Designation: Village Master Plan
Current Land Use: Village Master Plan
Address: 74 Willow Road/Lot 8, Block 6, Vail Village 1't Filing f ..,, , r,.l,i ,.
Development Standard '
"*:t.\' '
Allowed Existino Prooosed "' t'i'1' ' .'"
LotArea: 10,000 sq. ft.(min.) 0.4854 acres(21,144 sq. ft.) no change
Setbacks:Front: 20 feet
Side: 20 feet
Rear: 20 feet
lftl Z,rcf l;,lfn'J.t|
5.sfeet ,rt eF+1rry 6.2'iabovesnt+: '..i.', ji
lafrl72+t
()
)
Bldg. Height: 45 ft. flaVmansard 48 feet
48 ft. sloping
Density: 12 dwelling units 28 dwelling units t hrelling Units
GRFA: 16,069 sq. ft. 18,607 sq. ft.
(+5 Lock offs)
9 Timeshare Units
1 EHU
: \, i
32,24o4q.ft. "
(76% of site area) (115% of allowable GRFA) (2O0% ot allowable GRFA
48 feet
(++,r+il Av,D
/afi.uy' (s"/ //-rfl
14,110 cq. ft' (-67%)
8,540 sq. ft. (40%)
29 spaces
Zonino
High Density Multiple Family
Two-Family Primary/Secondary
High Density Multiple Family
Two-Fam ily Primary/Secondary
(*See Aftachment D for specific development standards of surrounding properties)
ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB for compliance of proposed buildings and site
planning, and final approval by the Town Council.
Planninq and Environmental Commission: The PEC shall review the proposal for and
make a recommendation to the Town Council based upon the findings made on the
criteria located in Chapter 12-9A, Special Development District, Vail Town Code.
Desiqn Review Board: The DRB has no review authority on a SDD proposal, but must
review any accompanying DRB application. The DRB review of an SDD prior to Town
Council approval is purely advisory in nature.
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.
Town Council: The Town Council takes into consideration the PEC's recommendation
when reviewing an application for a special development district and is responsible for
final approval/denial of an SDD. The Town Council shall review the proposal and
approve/approve with conditions/deny the application based upon the findings made on
the criteria located in Chapter 12-9A, Special Development District, Vail Town Code.
THE SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA
Chapter 12-9 of the Town Code provides for the establishment of special development
v.
Site Cvge: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%)
Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. (-13%)
Parking: FFU = 0.7 sp/unit 42 spaces
DU = 1.4 sp/unit
EHU = 1.4 sp/unit
20.3 total spaces req'd
SURROUNDING LAND USES AND ZONING*
North:
South:
East:
West:
Land Use
Residential
Residential
Residential
Residential
vt.
o vlt.
".',,di5friits.'iii the Town of Vail. According to Section 12-9A-1, the purpose of a special' development district is,
"To encourage flexibilig and creativity in the development of land, in order to
promote its mosf appropriate use; to improve the design character and quality of
the new development within the Town; to facilitate the adequate and economical
provision of sfreefs and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stafed ln
the Vail Comprehensive Plan. An approved development plan for a Special
Development District, in conjunction with the property's underlying zone district,
shall establish the requirements for guiding development and uses of propefi
included in the Special Development District."
An approved development plan is the principal document in guiding the development,
uses, activities and public benefits of the Special Development District (SDD). The
development plan shall contain all relevant material and information necessary to
establish the parameters to which the special development district shall adhere. The
development plan may consist of, but not be limited to: the approved site plan; floor
plans, building sections, and elevations: vicinity plan; parking pldn; preliminary open
space/landscape plan; densities; and permitted, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed SDD, permitted, conditional and accessory uses shall be limited to those
permitted, conditional and accessory uses in the property's underlying zone district.
The Town Code provides nine design criteria which shall be used as the principal criteria
in evaluating the merits of the proposed SDD. lt is the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with
each of the following standards, or demonstrate that one or more of them is not
applicable, or that a practical solution consistent with the public interest has been
achieved. Following, is a staff analysis of the compliance with the nine SDD review
criteria of the Willows Condominium Association's request:
A. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The Willows site is located within a neighborhood of three to four story residential
buildings which have been developed or redeveloped over the years with minimal buffer
zones, but which have each maintained a unique intimate neighborhood identity, an
alpine character, similar visual integrity, and orientation to either the mountain at the
south or the creek to the north. A description of the specific development statistics of
the surrounding properties has been attached for reference tAttre$mr*O)n
The design of The Willows redevelopment proposal is quite compatible with that of its
neighbors, in part due to the fact that Bishop Park and 44 Willow Place are products of
the same architectural entity responsible for the design of The Willows proposal. The
scale of the proposed building is sensitive to and simibr to that of sunounding buildings,
which range from occupying one half a city block (The Edelweiss) to appearing as single
family dwellings (Bishop Park). The height of the proposed building (48') is very similar
to that of surrounding buildings, which range from three to four stories. Regarding
compatibility, the proposed building is similar to its surroundings partially because it
includes some encroachment into the setbacks, similar to that of each of its neighbors,
and less of a buffer zone lhan the underlying zone district requires. Many of the
surrounding buildings are located within mere feet of the property lines. However, lhe
neighborhood has been able to maintain its intimate residential feel as a result. Buffer
zones have instead been provided through mature landscaping and variation of the
building facades.
The applicant has paid specific attention to the portions of the structure which overhang
the setbacks and also approach neighboring buildings, particularly along the eastern
(Riva Ridge South) and western (44 Willow Place) property lines and has designed a
large courtyard and swimming pool along the eastern properV line, partially to provide a
"buffer zone" of sorts between the new building and its nearest neighbor (see
ettactrment E for illustration of the transformation of the site plan entitled "Different
Design Outlines').
The subterranean improvements along the northern property line remain the greatest
encroachment of the proposal, seconded by the encroachment into the setbacks along
Vail Road at the southern property line. However, this area is less sensitive to design
compatibility since no structures exist along the south of the property. At this time, the
amount of Gross Residential Floor Area located within the setbacks b 10,097 squaro
feet, or 31 7o of the amount of proposed GRFA (32,240 square feet).
The architectural design of The Willows redevelopment is governed by the Design
Guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and bythe
recommendations Vail Village Master Plan. The proposed architectural design of the
development is intended to be compatible with the unique European alpine village
character prescribed for Vail Village. The exterior design of the development is a
mixture of stone, stucco, wood, and copper which will be much better integrated into the
surroundings than the existing brick and stucco building. Many of the design details are
yet to be determined, as the Design Review Board has only reviewed the project
conceptually. However, Slaff believes that additional work with the Design Review
Board will ensure optimal synchronicity with the surrounding architectural themes.
Staff believes that the proposed project is compatible with and sensitive to the
immediate environment and neighborhood relative to design, scale, bulk, building height,
buffer zones, identity, character, visual integrity and orientation because of the similarity
of the design and placement of the building on its site to the design and placement of
sr{tounding buildings on their sites.
'' B. )Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposed uses, activities, and density for The Willows development site provide a
compatible, efficient and workable relationship with surrounding uses and activity. The
uses proposed within the new building are similar to what exists today and include
multiple family dwelling units, which are a permitted use; timeshare units, which are a
conditional use; and an Employee Housing Unit, which is also a conditional use (see
table below for employee housing requirements). Sunounding properties include
multiple family dwellings and short term rental units as well. Therefore, similar activity
levels will result from the proposal as result today from the existing Willows building and
its neighbors.
The High Density Multiple Family (HDMF) district is intended to provide sites for multiple
family dwellings at densities of twenty five (25) units per acre. The proposal to construct
a multiple-family residential dwelling building with eighteen units per half acre exceeds
that which is allowed. However, the overall density upon the site will be reduced; from
28 units to 18 dwelling and timeshare units and 1 Employee Housing Unit. Regardless,
per Attachment D and the following section of the Urban Design Guide Plan, higher
densities than are allowed by the underlying zone district are quite common, and even
expected, in the Willows neighborhood.
Although immediately adjacent to the mixed use developments found in the
Commercial Core and Mixed Use sub-areas, the willow circle sub-area has
retained an exclusively residential character. Condominium developments
have occurred on all but one of the sub-area's parcels and many of these
propefties are actively 'short-termed' to ovemight guesfs. /n rnosf cases,
parking has been provided in underground structures. This design feature,
coupled with the Town-owned open space (Willow Circle Park), contributes to
the pleaging appearance of this area.
ln most cases, lhe levels of development throughout this sub-area greatly
exceed what is allowed under existing zoning (High Density Multi-Family).
Gross resldential floor area ratios (GRFAR) range ftom .6 to 1.3, with an
average of 1.01. With the exception of one parcel, all properties within this sub-
area are, developed at, or over, their permitted levels of developmenf. As such,
there is liftle development potentialleft in this sub-area.
Residential uses dominate this sub-area and are proposed to continue with the
exception of one potential commercial space at the east end of the suharea
facing Willow Bridge Road. This concept is discussed further under Sub-Area
2.2.
Staff believes the uses (including the Employee Housing Unit, details below) and activity
level resulting from the proposed Willows redevelopment are clearly compatible with
those of sunounding uses and activity levels. Though the amount of GRFA exceeds
what is allowed, Staff believes that the proposed densitya&hlilR$l is relatively
compatible to the density levels expected in the Urban Design Guide Plan within this
area. Employee Housing as a use is addressed further below.d
"ttf itc
Emnloveg Housinq Assessment
As indicated in a number of the goals and objectives of the Town's Master Plans,
providing affordable housing for employees is a critical issue which is appropriately
addressed through the review process of SDD proposals. In reviewing the proposal for
employee housing needs, staff relies on the Town of Vail Employee Housing Report.
The Employee Housing Report was prepared for the Town by the consulting firm Rosall,
Remmen and Cares and provides the recommended ranges of employee housing units
needed based on the type of use and the amount of floor area dedicated to each use.
The guidelines contained within the report were used most recently in the reviews of the
Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, SDD No. 6A/ail Village Inn,
and the SDD No. 39/Crossroads development proposals.
The figures identified in the report are based on surveys of the commercial-use
employment needs of the Town of Vail and other mountain resort communities. As of
the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment
generation" ordinances requiring developers to provide affordable housing for a
percentage of the new employees resulting from commercial development. "New"
employees are defined as the incremental increase in employment needs resulting from
commercial redevelopment. Every community uses a different percentage to determine
the amount of housing a developer must provide for its employees. Vail has
conservatively determined that if a project is proposed at, or below, the density allowed
by the underlying zone district, the 15% (0.15) figure is used. When a project is
proposed to exceed the density allowed by the underlying zone district, the 30% (0.30)
figure is used in the calculation
However, because the number of dwelling units upon the Willows site will be reduced by
ten, there was actually a reduction in the number of employees generated' Four (4)
fewer employees than are currently generated will fulfill the proposed needs and uses of
the site.
Proposed Willows Project
Emplovee Generation Calculations - Middle of Ranqea) Multi-Family (Dwelling Units)
18 new units proposed @ (0.4/unit) = 7.2 employees
Existing Willows Proiect
Emplovee Generation Calculations - Middle of Ranqea) Multi-Family (Dwelling Units)
28 units existinq @ (O.4/unit) = 1'1.2 emplovees
Total net new = -4employees
The applicant has no obligation to provide any employee housing units or beds because
the housing requirement is only applied to developments for which an employee
generation will occur. However, the applicant is proposing that one of the public benefits
of the project include the addition of one new onsite Employee Housing Unit and five
new employee beds elsewhere in the Town. This number was generated by the
applicant's desire to house 100% of the employees required for the scope of the new
project. Using the Town's calculation that the average employee within the Town holds
1.3 jobs, the site creates a need for 5.5 employee beds (7.2 employees divided by 1.3
jobs each).
The applicant will deed restrict the units appropriately, depending upon the zone districts
in which the purchased properties are located. The off site employee housing beds will
be provided through the purchase of units throughout Town (the "buy down" program) or
through a pay-in-lieu program, if established by the Town prior to requesting a
Temporary Certificate of Occupancy (TCO).
Ir
Staff believes that the proposal for additional employee beds will be of substantial
benefit to the Town.
C. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 12-10 of the Vail Town Code.
The proposed redevelopment plan complies with the parking and loading requirements
outlined in Chapter 12-10. As indicated in the Zoning Analysis outlined in Section Vl of
this memorandum, the total number of required parking spaces for The Willows
redevelopment project is 21 spaces (rounded up from 20.3 spaces). The applicants are
proposing to provide a total of 29 belor grade parking spaces.
The applicant is proposing to fulfill its loading and delivery requirement through the
provision of one loadinS "bay', which is to be located at the porte cochere entrance to
the north of the building. The proposed area will be accessed from Willow Road.
In a memorandum to the applicant dated October 20, 2006 (Attactunant F), the Public
Works Department outlined several outstanding items to be resolved. The applicant has
since verified compliance with most of these issues, with the exception of the width of
the driveway entrance and related signaling for ingress/egress and automobile safety
reasons. Atffitm.nt,Glnchldee a rsducsd copy of the apdicant's possible solution to
this issue pending Public Works approval. Staff has addressed remaining Public Works
issues as a condition of approval, to be resolved to the satisfaction of the Public Works
Department prior as part of the request to establish a new SDD.
Staff believes that the application sufficiently complies with this criterion.
D. Comprehensive Plan: Conformity with the applicable elements of the Vail
Comprehensive Plan, Town policies and Urban Design Plan'
The goals contained in several of the Town's comprehensive, guiding documents are
applicable during the review process for the establishment of a Special Development
District. Staff has reviewed the Comprehensive Plans and outlined the applicable plan
sections below as relevant to the review of this proposal.
Vail Land Use Plan (in Part)
1.0 GeneralGrowth/DeveloPment
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses fo serue both the visitor and the permanent
resident.
1.3 The quatity of development should be maintained and upgraded
whenever Possible.
1.12 Vail should accommodate most of the additional growth in existing
develoPed areas (infill areas).
10
3.0 Commercial
3.1 The hotel bed base should be preserued and used more
efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serue the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercialgrovtth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
Village Qore / Lionshead
4.2 lncreased density in the Core areas ls acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserued. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
e nv iro n m e nta I q ua I ity. )
Residential
5.1 Additional residential grov'tth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.2 Quality time share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace
demands for a full range of housing types.
5.5 The existing employee housing base should be presered and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Staff Response:
Staff believes that the outlined sections of the Vail Land Use Plan are
being met, as the proposed development includes a balanced mix of
residential uses, high quality redevelopment of the existing site, infill
4.0
o
5.0
11
development within the Village arca, a better use of the bed base,
increased density, maintenance of Vail's ambiance, the provision of
quality time share units, and provisions (via public benefit) for six new
affordable beds.
Vail Villaqe Master Plan (in part)
The appficant's proposed redevelopment site is located within the 'Vail Village
Master Plan" land use category. Staff believes that the following stated goals of
the Vail Village Master Plan are applicable to this application:
Goal #1: Encourage high quality redevelopment while preseruing the unique
architectural scale of the Village in order to sustalh its sense of community and identity.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
com m e rc i a ! f ac i I iti e s.
Objective 1.3: Enhance new development and redevelopment through pubtic
improvements done by private developers working in cooperation with the Town.
Policy 1.3.1: Public improvements shall be developed with the wo*ing
participation of the private sector working with the Town.
Goal #2: To foster a strontg tourist industry and promote year-around economic health
and viability for the Village and for the community as a whole.
Objective 2.3: lncrease the number of residential units available for short term
overn ig ht acco m m od atio n s.
Policy 2.3.1 The development of short term accommodation unls ls
strongly encouraged. Residential units that are developed above existing
denstty levels are required to be designed or managed in a manner that
makes them available for short term overnight rental.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance
of existing lodging and commercial facilities to better serue the needs of our
guesfs.
Policy 2.5.1: Recreation amenities, common areas, meeting facilities and
other amenities sha// be preserved and enhanced as a part of any
redevelopment of lodging properties.
Policy 2.5.2: The Town will use the maximum flexibility posslb/e in fhe
interpretation of building and fire codes rh order to facilitate building
renovations without compromising life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing units through
the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as part of any new
or redeveloped project requesting density over that allowed by existing
L2
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zorung.
Policy 2.6.2: Employee housing shall be developed with appropriate
restrictions so as fo insure their availability and affordability to the local
work force.
Policy 2.6.3: The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance.
Goal lB: To recognize as a fop priority the enhancement of the walking experience
throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by landscaping
and other improvements.
Policy 3.1.1: Private development projects shall incorporafe slreefscape
improvements (such as paver treatments, landscaping, lighting and
seating areas), along adjacent pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate locations
throughout Town.
Policy 3.1 .3: Flowers, trees, water features, and other landscaping shall
be encouraged throughout the Town in locations adiacent to, or visible
ftom, public areas.
Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and
accesslb/e green space areas, including pocket parks and stream access.
Policy 3.4.2: Private development proiects shall be required to
incorporate new sidewalks a/ong streefs adiacent to the proiect as
designated in the Vail Village Master Plan and/or Recreation Trails
Master Plan.
Goal #5: lncrease and improve the capacity, efficiency, and aesthetics of fhe
transportation and circulation sysfern throughout the Village.
Objective 5.1: Meet parking demands with public and private parking facilities.
Policy 5.1.1: For new development that is located outside the
Commercial Core I Zone District, on-sife parking shall be provided (rather
than paying into the parking fund) to meet any additional parking demand
as required by the zoning code.
Policy 5.1.3: Seek locations for additional structured public and private
Parking.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to
provide underground w visually concealed parking.
IJ
Goal #6: To ensure the continued improvement of the vital operational elements of the
Village.
Objective 6.1: Provide serylce and delivery facilities for existing and new
development.
Objective 6.2: Provide for the safe and efficient functions of fire, police and
public utilities within the context of an aesthetically pleasing resorf sefflng.
Policy 6.2.1: Development projects and other improvements in Vail
Village shall be reviewed by respective Town Departments fo identify both
the impacts of the proposal and potential mitigating rneasures.
Staff Response:
Staff believes that the goals, objectives and policies of the Vail Village
Master Plan are being met through the upgrading and redevelopment of
the Willows facilities; through the provision of public improvements via
private developers; an increase in the number of residential uses within
the Village which are above allowable density, but which are available for
short term rental; the development of an affordable housing unit and the
provision of five more affordable beds; physical improvements to the
pedestrian experience; the provision of public art; on-site concealed
required parking; and service and delivery facilities that will improve
automobile and pedestrian circulation and interaction along Willow Road.
L4
WILLOW CIRCLE SUB-AREA (#2)
Although immediately adjacent to the mixed use developments found in the Commercial Core
and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential
character. Condominium developments have occurred on all but one of the sub-area's parcels
and many of these properties are actively 'short-termed' to overnight guesfs. /n mosf cases,
parking has been provided in underground structures. This design feature, coupled with the
Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this
area.
In most caseg lhe levels of development throughout fhls sub-area greatly exceed what is
allowed under existing zoning (High Density Multi-Family). Gross resldential floor area ratios
(GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all
properties within this sub-area are, developed at, or over, their permitted levels of development.
As such, there is liftle development potential left in this sub-area.
Residential uses dominate this sub-area and are'proposed to continue with the exception of one
potential commercial space at the easf end of the sub-area facing Willow Bridge Road.
Staff Response:
Staff believes that the residential character specified for this area, the
15
proposed drort term rental opportunitiee,'underground parking, and high
density residential uses are each congruent with the goals of the Master
Plan as they were stated for the Willows Circle Sub Area.
VailVillaqe Urban Desiqn Guide Plan and Desiqn Considerations (in part)
Certain aspects of the Vail Village Urban Design Guide Plan and Design Considerations apply
to The Willows redevelopment site. Only those sections which Staff found applicable to The
Willows redevelopment proposal are outlined below.
1. URBANDES/GNCONS'DFRAI/ONS
Ihese congderations relate to general, large-scale land use planning lssueg as
well as form considerations which affect more than one property or even whole
areas. These considerations are primarily the purview of the Planning and
Environmental Commission.
A. PEDESTRIANIZATION
A major objective for Vail Village is to encourage pedestrian circulation
through an interconnected network of safe, pleasant pedestrian ways.
Many of the improvements recognized in the Urban Design Guide Plans,
and accompanying Design Considerations, are to reinforce and expand
the quality of pedestrian wall<urays throughout the Village.
Since vehicular traffic cannot be removed from certain streets (bus
routes, delivery access), a totally care-free pedestrian sysfem is nof
achievable throughout the entire Viilage. Therefore, several levels of
pedestrianization have been identified (illustration outlined in Plan and not
included in this memorandum).
Staff Response:
An aspect of The Willows redevelopment public benefit involves providing
an improved pedestrian experience through the construction of a paver
walk and new asphalt drive lane. Additionally, the applicant is proposing
to remove loading and delivery from Willow Road by constructing a porte
cochere at the entry to the site. Staff believes that the 'Pedestrianization'
goal of the Urban Design Considerations is being upheld in this
redevelopment proposal and its associated public benefits (see
Attachment H for streetscape details).
C. STREETSCAPEFRAMEWORK
To improve the quality of the walking experience and give continuity to
the pedestrian ways, as a continuous system, two general types of
improvements adjacent to the wall<ways are considered:
1. Open space and landscaping, berms, grasg /?owers and tree
planting as a soft, cobrtul framework linkage along pedestrian routes; and
plazas and park greenspaces as open nodes and focal points along those
routes.
15
It is not intended to enclose all Village sfreefs with buildings as in the core
areas. Nor ls ff desirable to leave pedestrian streefs in the open in
somewhat undefined condition evident in many other areas of Vail.
Rather, ff is desrTed to have a variety of open and enclosed spaces, both
built and landscaped, which create a strong ftamework for pedestrian
walks, as well as visual interest and activity.
Staff Response:
Staff believes that the "Streetscape Framework" along Willow Road will
be improved, through the architectural variation of the no(h edge of the
building and roof ridges, the increased setback from Willow Road (from
15'to 23'at the main entrance to the building) and the proposed
streetscape improvements.
STREET EDGE
Buildings in the Village core should form a strong but irregular edge to the
sfreeL
Unlike many American towns, there are no standard setback
requirements for buildings in Vail Village. Consisfenf with the desire for
intimate pedestrian scale, placement of portions of a building at or near
the property line is allowed and encouraged to give strong definition to the
pedestrian sfreefs.
Ihls ls nof to imply continuous building frontage along the property line.
A strong street edge is important for continuity, but perfectly aligned
facades over too long a distance tends to be monotonous. With only a
few exceptions in the Village, slightly irregular facade lines, building jogs,
and landscaped areas, give the life to the street and visual interest for
pedestrian travel.
Where buildings 1bg to create activity pockets, other elements can be
used to continue the street edge: low planter walls, tree planting, raised
sidewalks, texture changes in ground surface, arcades, raised decks.
Plazas, patios, and green areas are important focal points for gathering,
resting, orienting and should be distributed throughout the Village with
due consideration to spacing, sun access, opportunities for views and
pedestrian activity.
Staff Resoonse:
Staff believes that the "Street Edge" as specified in the Urban Design
Considerations will be preserved through "inegular fagade lines, building
jogs, landscaped areas", low walls, fronffacing patios, and other
architectural aspects of the proposed plan. Additionally, the porte
cochere will further vary the street edge, which Staff believes is congruent
with this aspect of the Design Considerations.
17
2.
SUN / SHADE
Oue to Vait's alpine climate, sun ls an important comfort factor, especially
in winter, fall and spring. Shade areas have ambient temperatures
substantially below those of adjacent direct sunlighl areas. On all but the
warmest of summer days, shade can easily lower temperatures below
comfortable levels and thereby, negatively impact use of fhose areas.
All new or expanded buildings should not substantially increase the spring
and fall shadow line (March 21 - September 23) on adjacent properties or
th e p u bl ic rig ht-of -w ay.
ln all building construction, shade shall be considered in massing and
overall height consideration. Nofwithstanding, sun/shade considerations
are not intended to restrict building height allowances, but rather to
influence fhe massing of buildings. Limited height exceptions may be
granted to meet this criterion.
Staff Resoonse:
The applicant has submitted a sun/shade analysis which reflects the
shadow of the proposed Willows building at three separate times of the
year; March, September, and December (Attachment l). lt appears that
the most notable areas of new shading will occur along the 44 Willow
Road building and property during the winter months. This increased
shading is likely a result of the increased mass of the building at the
southern half of the property, replacing the area that is cunently
designated to the above grade parking structure.
Staff believes that the uses "underneath" the newly shaded uses will not
be negatively affected, because the shadows primarily occur over the
driveway aisle entrance to the new Willows building (which drive is
heated) and along the property line of 44 Willow Road, which does not
appear to be a common pedestrian or use cpnidor. Regarding the spring
and fall shadow lines, Staff believes that since the height of the proposed
buibing is essentially the same as the height of the existing building, the
shadows cast during those seasons will primarily occur upon the Willows
property, with some shadow overlap onto the 44 Willow Road property.
Overall, Staff believes that the sun/shade analysis will not negatively
impact the use of the affected areas.
ARCH IT ECTURHIAN D SCAP E CO NS I D ERATI O NS
ROOFS
Where visible, roofs are often one of the most dominant architectural
elements in any built environment. ln the Village roof form, color and
brture are visibly dominant, and generally consistent, which tends to
unify the building diversity to a great degree. The cunent expression, and
objective, for roofs in the Village ls fo form a consistently unifing
backdrop for the architecture and pedestrian sfreefscape, and to avoid
roofs, which tend to stand out individually or distract visually ftom the
l_8
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overall character.
Roof Forms
Roofs within the Village are typically gable in form and of moderate-to-low
pitch. Shed roofs are frequently used for small additions to larger
buildings. Freestanding $hed roofs, butterfly roofs and flat roofs can be
found in the Village but they are-generally considered to be out ot
character and inappropriate. Hip roofs likewise are rare and generally
inconsistent with the character of the Core Area. Towers are exceptions,
in both form and pitch, to the general, criteria, but do have an established
local vernacular style, which should be respected.
Pitch
Roof s/opes in the Village typically range from 3/12 to 6/12, with slightly
sfeeper pitches in limited applications Again, for vtsua/ conslstency this
general 3/12-6/12 range should be preserued. (See Consfruction below)
Overhangs
Generous roof overhangs are also an established architectural feature in
the Village - a traditional expression of shelter in alpine environments.
Roof overhangs typically range from 3 to 6 feet on all edges. Specific
design consideration should be given to protection of pedestrian ways
adjacent to buildings. Tee falls, snow sfdes, and runoff hazards can be
reduced by roof orientation, gufters, arcades, etc.
Overhang details are treated with varying degrees of ornamentation.
Structural elements such as roof beams are expressed beneath the
overhangs, simply or decoratively carved. The roof fascia is thick and
wide, giving a substantial edge to the roof.
Compositions
The intricate roofscape of the Village as a whole is the result of many
individual simple roof configurations. For any single building, a varied but
simple composition of roof planes is prefened to either a single or a
complex arrangement of many roofs. As individual roofs become more
complex, the roof attracts visual attention away from the streetscape and
the total roofscape tend toward 'busyness" rather than a backdrop
composition.
SteppedRoofs
As buildings are stepped to reflect exr'sflng grade changes, resulting roof
sfeps shou/d be made where the height change will be visually significant.
Variations which are too subtle appear to be more sfy/lsfic than functional,
and out of character with the more straightforward roof design typical in
the Village.
Materials
Wood-shakes, wood shingles, and builbup tow and gravel are almost
exclusively used as roof materials in the Village. (See Construction
below.) For visual consistency, any other materials should have the
appearance of the above.
19
Staff Response:
The applicant is primarily proposing gabled roof forms, with the exception
of several secondary shed roof forms and one tower element above the
entryway to the site. Overhangs occur at every roof edge, with an
average overhang of three and a half feet (3 %'). The pitches of the
proposed roof range irom 2:12 in one area to 12:12 at the tower element,
with the majority of forms portraying a 4:12 - 6: 12 pitch. The applicant is
proposing to locate most of the mechanical equipment within the lower
parking structure level. However, all additional mechanical equipment
designated for rooftop use will be placed along the single flat portion of
the roof and screened by a parapet wall. The screening and design will be
discussed further by the Design Review Board.
Staff believes that the proposed plans adequately comply with the Roof
guidelines specified within the Design Considerations.
FACADES
Materials
Sfucco, brick, wood (and glass) are the primary building materials found
in the Village. While not wishing to restrict desrgn freedom over-much,
existing conditions show that within this small range of materials-much
variation and individuality are possrb/e while preseruing a basic harmony.
Too mgny diverse materials weaken the continuity and repetition, which
un ifi es the sfreefscape.
Of the above materials, stucco rs the most consistently used material.
Most of the buildings in the Village exhibit some sfucco, and there are
virtually no areas where stucco is .entirely absenf. lt is intended to
preserve the dominance of stuccoby rfs-use in portions, at least, of all
new facades, and by assurr'hg that other materials are not used to the
exclusion of stucco in any sub-area within the Village.
Color
The intent of these regulations regarding color shall be to provide greater
latitude in the use of color in Vail Village in order to create visual interest
and to enliven the area. Colors used should retain a discernible
consistency within a general range of colors relating well to the colors
found in the surrounding mountain backdrop of Vail, but need not bespecifically found in that environment.
All colors used sha// relate to the colors of the natural materials found on
the buildings like wood fones, s/afe roof colors, sfone colors and the like.
Additionally all building colors shall work with the colors of the buildings in
proximity as well as with all natural landscape mateials found nearby.
While there is no restriction per se on specific hues, primary colors of high
chroma shall not be used on building surfaces but can be used in a
limited fashion for accents. Body colors, both siding and stucco, shall be
rich and lively but must be less chromatic shades, which relate to natural
20
I
colors and can be either light or dark. All stucco shall have a flat finish.
Generally, to avoid both "busyness", and weak visual interest, the variety
of major wall colors (and materials - excluding g/ass) shou/d not exceed
four nor be less than two
A color/material change between the ground floor and the upper floors is
a common and effective reinforcement of the pedestrian scale of the
street.
High chroma colors can be used for signage, accents, doors, canopies,
wall graphics and other sfreefscape (see E Accent Elements).similar
elements as /ong as they do not dominate either the building they are
used ofr,the adjacent buildings, or the
The color schemes for all properties sfia// be considered on a case'by-
case basis.
Transparency
Pedestrian sca/e l's created in many ways, but a maior factor is the
openness, attractiveness, and generally public character of the ground
floor facade of adjacent buildings. Transparent store fronts are "people
aftractors', opaque or solid walls are more private, imply 'do not
approach".
On pedestrian-oriented sfreets such as in the Village, ground floor
commercial facades are proportionately more transparent than upper
floors. lJpper tloors are typically more residential, private and fhus /ess
open.
As a measure of transparency, the most characteristic and successfu/
ground floor facades range from 55% to 70% of the total length of the
commercial facade. lJpper floors are often the converse 30%-45%
transparent.
Staff Response:
The proposed building is composed of a variety of wood, stucco, and
stone, all of which are specified as preferable for use within Village areas.
Natural colors will be used, though the specifics of number and location of
colors will be discussed between the Design Review Board and the
applicant in subsequent meetings. A material change is specified
between floors and the amount of transparency at the lower floor is
greater than that of above floors, in spite of the lack of any commercial
space.
Staff believes that the applicant is fully compliant with the "Facades"
section of the Urban Design Considerations.
wtNDows
ln addition to the general degree of tansparency, window details are an
important source of pedestrian scale-giving elements.
2a
The size and shape of windows are often a response to the function ot
fhe sfreef adjacent. For close-up, casual pedestrian viewing windows are
typicalty sized to human-sized dimensions and characteristics of human
yision. (Large glass-wall storefronfs suggest uninterrupted viewing, as
from a moving car. The sense of intimate pedestrian scale is diminished.)
Ground floor display windows are typically raised slightly (sic) and do not
ertend much over 8 feet above the walkway level. Ground floors which
are noticeably above or below grade are exceptions.
The articulation of the window [se/f ls still another element in giving
pedestrian scale (human-related dimensions). G/ass areas are usually
subdivided to express individual window elements - and are further
subdivided by mullions into small panes - which rb responsible for much of
the old-world charm' of the Village.
Similarly, windows are most often clustered in banks, iuxtaposed with
plain wall surfaces to give a pleasing rhythm. Horizontal repetition of
single window elements, especially over long disfances, should be
avoided.
Large single pane windows occur in the Village, and provide some
contrast, as long as they are generally consisfenf in form with other
windows. Long continuous g/ass is out of character.
Bay, bow and box windows are common window details, which further
variety and massrng fo facades - and are encouraged.
Reflective g/ass, p/asfib panes, and aluminum or other metal ftames are
not conslsfent in the Village and should be avoided. Metal-clad or plastic
clad wood ftames, having the appearance of painted wood have been
used successfully and are acceptable.
Staff Response:
The architecture of the building includes provision of subdivided glass,
which the Considerations point out as integral for Village applications.
There is some horizontal replication of glass at the lowest level, an item
which Staff will address before the Design Review Board at the
appropriate time. Overall, Staff believes that the architecture meets the
intent of the "Windows" specifications of the Urban Design
Considerations.
DOORS
Like windows, doors are impoftant to character and scalegiving
architectural elements. They should also be somewhat transparent (on
retail commercial facades) and consistent in detailing with windows and
other facade elements.
Doors with glass contribute to overall facade tansparency. Due to the
visibility of people and merchandise inside, windowed doors are
somewhat more effective in drawing people inside to retail commercial
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facades. Although great variations exlsf, 25-30% 1 transparency is felt to
be a minimum transparency objective. Private residences, lodges,
restaurants, and other non-retail establishments have different visibility
and character needs, and doors should be designed accordingly.
Sidelight windows are also a means of introducing door transparency as a
complement or substifufe for door'windows.
Articulated doors have the decorative quality desired for Vail. Flush
doors, light aluminum frames, plastic applique elements all are
considered inappropriate.
NOTE: Security is an important design consideration in Vail. Deadbolt
locks are encouraged. Locks, door handles and g/ass should all be
designed to discourage break-ins.
Security-design discussions with the Town police staff are encouraged.
As an expression of entry, and sheltered welcome, protected entryways
are encouraged. Doorways may be recesse4 extended, or covered.
Staff Response:
The applicant is proposing to construct doors with glass and a porte
cochere (i.e. "protected overhang") at the entrance to the building, thus
satisfying the "Doors" specifications of the Urban Design Considerations.
TR'M
Prominent wood trim r's a/so a unifying feature in the Village. Particularly
at ground floor levels, doors and windows have strop, contrasting
(see Color-Facades) framing elements, which tie the various elements
together in one composition. Windows and doors are treated as sfrong
visual features. G/ass-wa// detailing for either is typically avoided.
Staff Response:
The applicant is proposing to add wood trim to the fenestration at all
levels of the building. Staff believes that the applicant thus satisfies the
"Trim" specifications of the Urban Design Considerations
DECKSAA'D PATIOS
Dining decks and patios, when properly designed and sited, bring people
fo fhe sfreefs, oppoftunities to look and be looked at, and generally
contribute to the liveliness of a busy sfreet, making a richer pedestrian
experience than if those sfreets were empty.
A review of successful deckdpatios in Vail reveals several common
characteristics:
- direct sunlight from 11:00 - 3:00 increases use by many day{year and
protects from wind
- elevated feet to give views into the pedestrian walk (and not the reverse)
- physical separation from pedestrian walk of to (planter better than a
wall) overhang gives pedestrian scale/ shelter.
Decks and patios should be sited and designed with due consideration to:
- sun - views
- wind - pedestrian activity
Staff Response:
According to the submitted elevation drawings, the applicant is proposing
to add approximately eighteen (18) decks and two (2) patios to the north
side of the building alone. Similar numbers of decks, balconies, and
patios are located upon other elevations of the building. Staff believes
that the decks proposed upon the building will offer views upon the
pedestrian walk at Willow Road at the north elevation, direct sunlight
during many days of the year at the south elevation, and physical
separation from adjoining residential uses at the east and west
elevations. Staff believes that through these provisions, the applicant
thus satisfies the "Decks and Patios" specifications of the Urban Design
Considerations.
BALCONIES
Balconies occur on almost all buildings in the Village which have af /easl
a second level facade wall. As strong repetitive features they:
- give scale to buildings
- give life to the street (when used)
- add variety to building forms
- provide shelter to pathways below.
The prominence of balcony forms ls due to several fairly common
characteristics:
Color
They contrast in color (dark) with the building, typically matching the trim
colors fsee Facade-Color).
Size
They ertend far enough from the building fo cast .a prominent shadow
paftern. Balconies in Vail are functional as well as decorative. As such
they should be of useable size and located to encourage use. Balconies
/ess than six feet deep are seldom used, nor are those always in shade,
not oriented to views or street life.
Mass
They are commonly massrVe yet semi-transparent, distinctive from the
building, yet allowing the building to be somewhat visible behind. Solid
balconies are found occasionally, and tend to be too dominant obscuring
the building architecture. Light balconies lack the visual impact which ties
the Village together.
24
Materials
Wood balconles are by far the most common. Vertical structural
members are the most dominant visually, often decoratively sculpted.
Decorative wrought iron balconies are also consistenf visually where the
vertical members are close enough to create semi-transparency. Pipe
rails, and plastic, canvas or glass panels should be avoided.
Construction
Cantilevered beams, beams extended to support the balcony, are most
often visibly exposed on the underside of balconies. As such they are an
expression of structure and tie the balconies to the building visually.
Staff Response:
According to the submitted elevation and plan drawings, the proposed
balconies range from three feet (3') to eleven feet (11') in depth, likely of a
significant enough depth to cast a shadow. The proposed decks will be
constructed of wood, and most will include vertical structural members.
Specific aspects of color will be discussed by the Design Review Board.
Staff believes that the applicant has satisfied the "Balconies"
specifications of the Urban Design Considerations.
ACCENT ELEMENTS
The life and festive qualtty of the Village is given by iudicious use of
accent elements which give color, movement and contrast to the Village.
Cobrtil accent elements consistenf with existing character are
encouraged, such as.'
Awnings and canopies - canvas, bright color or stripes of two colors.
Flags, banners - hanging from buildings, poles, and even across sfreets
for special occasions.
Umbrellas - over tables on outdoor patios.
Annual color flowers - in beds or in planters.
Accent lighting - buildings, plazas, windows, trees (even Christmas lights
all winter).
Painted wall graphics - coafs of arms, symbols, accent compositions, etc.
Fountains - sculptural, with both winter and summer character.
Staff Response:
Specific aspects of accent elements will be discussed by the Design
Review Board. Staff believes that "Accent Elements" specified within the
Urban Design Considerations will be well addressed at that time.
LANDSCAPE ELEMENTS
Landscape considerations include, but go beyond, the placement of
appropriate plant materials. Landscape considerations include:
- plant materials
- paving
- retaining walls
25
Trees
Nanow-leaf
coftonwood
Balsam poplar
Aspen
Lodgepole pine
Colorado spruce
Subalpine fir
- street furniture (benches, kioskg trash, etc.)
- lighting
- signage
Plant Materials
Opportunities for planting are not ertensive in the Village, which places a
premium on the plant selection and design of fhe srtes that do exist.
Framework planting of trees and shrubs should include both deciduous
and evergreen specles for year round continuity and interest.
Native plants are somewhat limited in variety, but are clearly best able to
withstand the harsh winter climate, and to tie the Village visually with its
mountain setting.
Some typical local plant materials include:
Shrubs
Willow
Dogttrood
Serviceberry
Alpine currant
Chokecherry
Mugho pine
Potentilla
Buffaloberry
Pavinq
The freeze/thaw cycle at this aftitude virtually eliminates common site-
cast concrete as a paving surtace (concrete spall). High-strength
concrete may work in selected conditions. Asphaft brick (on concrete or
on sand), and concrete block appear to be besf sulted to the area.
In general, paving teatments should be coordinated with that of the
public R.O.W: adjacent. The Town uses fhe following materials for all
new construction:
- asphalt - general use pedestrian sfreets
- brick on concrete - feature areas (plazas, lnfersecfions, fountains, etc.)
Retainino Walls
Retaining walls to raise planting area often protects the landscape from
pedestrians and snowplows, and should provide seating opportunities.
Two types of material are already well established in the Village and
should be utilized for continuity.
- split-face moss rock veneer - Village Core pedestrian slreefs (typical)
- rounded cobble hidden mortar - in open space areas if above type not
already established nearby. (example: Town of Vail entry wall)
26
Wood retaining walls are strongly discouraged due to deterioration
caused by the harsh climate. They may be effectively used with
appropriate detailing fo reslsf rot and express crafted ioint conditions.
Liqhtinq
Light standards should be coordinated with those used by the Town in the
public R.O.W.
Srqnaqe
Refer to Town of VailSignage Ordinance.
Colorful annuals are used in key locations throughout the Village to
accent pedestrian areas, highlight building entries, and as plaza focii.
These color accents can be provided in:
- retained planting beds
- flower boxes
- hanging pofg baskefs
- ground beds
Staff Response:
Currently, the applicant has submitted a general landscape plan signifying
landscaping between structures at the east and west sides of the property
and landscaping along the entire southern property line. Specific
landscaping materials have yet to be specified. However, Staff is
confident that "Landscape Elements" will be well addressed to the
satisfaction of the Design Review Board at the appropriate time.
E. Natural and/or Geologic Hazards: ldentification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed,
According to the Official Town of Vail Geologic Hazard Maps, The Willows development
site is not located in any geologically sensitive areas. Therefore, Staff believes that the
application complies with this criterion.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The proposed site plan shows the building encroaching into each of the required
setbacks upon the property. However, the site design reflects areas of less
encroachment into the sensitive areas between buildings. Additionally, less
encroachment now occurs at the above grade portions of the north side of the building
than has occuned previously. The areas of greatest encroachment occur at the south
side of the propefi, adjacent to Vail Road. Staff believes that the site plan signifies a
functional development that is responsive to natural features and the overall aesthetic
quality of the community.
27
The building design is quite similar to that of recently renovated or rebuilt structures in
the vicinity. The applicant has stated that each of the notable existing trees upon the
site will be able to be maintained throughout construction, though submittal of an
arborist's report stating the same is pending, per the Design Review Board's request.
The south side of the property is the only area in which some grade change naturally
occurs upon the property. However, due to the similar locations of the existing parking
structure and the proposed new building, extensive site changes and reconfiguration will
be unnecessary. Therefore, Staff has found that the design is responsive and sensitive
to natural features, vegetation and the aesthetic quality of the neighborhood.
The proposed location of the building upon the site is the result of consideration for both
the interest of the existing and future Willows owners as well as the interests of
surrounding neighbors to the east and west. The open space areas proposed upon the
redeveloped property pay respect to the adjacent property owners and the future owners
of the proposed units, particularly the areas of lower height at the west side of the
building, and the courtyard area at the east side of the building.
Staff believes that the applicant has proposed a responsive and sensitive design upon
the subject site.
G. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The Town of Vail Public Works Department has reviewed the proposed plans for
circulation to ensure that the site design and vehicular and pedestrian interaction are
satisfactory. Following the review of the plans, the Public Works Department forwarded
their written final comments in a memorandum dated October 20, 2006 (Attachment F).
Subsequently, an additional site plan and a revised driveway proposal have been
submitted by the applicant, both of which address the comments within that
memorandum. Staff has requested that as a condition of approval of this SDD request
all remaining items be addressed to the satisfaction of the Public Works Department
prior to building permit submittal. Staff is confident that outstanding items will not be of
primary importance to the PEC.
A traffic report has been submitted by the applicant which addresses weekday peak trip
generation rates (Attachment J). An ovarall decreesa in the number of AM and PM peaR
hour trips will occur with the construction of eighteen (18) dwelling units, ten feurer
dwelling units than exist today. The interaction between pedestrians and vehicles along
Willow Road is expected to improve due to the applicant's proposal for streetscape
improvements, including an eight foot paver pedestrian sidewalk, and a twelve foot
newly-paved right-of-way lane. Currently, no curb and gutter or sidewalk exists along
Willow Road. Additionally, the proposed porte cochere will lessen the amount of
temporary parking which occurs along Willow Road currently.
Staff believes that the applicant has designed a circulation system that will result in
improved functionality for both vehicles and pedestrians and which addresses well the
issues of on and off site traffic circulation.
o
28
H. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and functions.
The proposed building is shaped as a "U", providing a large open plaza area at the east
side of the property which includes heavy landscaping, the recreational amenity of a pool
for owners and guests, and views to and from the mountain. Additional landscaping is
being proposed along the northern (front), western, and southern property lines to allow
for screening to and from the proposed Willows building. Staff believes that additional
meetings with the Design Review Board will allow for even more improvement to the
landscaping proposal.
However, Staff finds that the landscaping proposal, as submitted today, has achieved
optimization and preservation of natural features, such as the grade to the rear of the
property; recreation, in the provision of an onsite pool and spa; views, both for
homeowners towards the mountain and towards the park; and functions for owners and
guests of the Condominiums.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The applicant is proposing to construct the project in one phase. No subdivision of the
property will be necessary to facilitate the development of the project. Staff believes that
the proposal complies with this criterion.
VIII. STAFFRECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission fonruards a recommendation of approval, with conditions
to the Vail Town Council of the development application to establish Special
Development District No. 40, The Willows, located at 74 Willow Road/Lot 8, Block 6, Vail
Village 1"t Filing. Staffs recommendation is based upon a review of the criteria and
findings as outlined in this memorandum and from the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to foruvard a
recommendation of approval, with conditions, of the applicant's request, staff
recommends that the following findings be made as part of the motion:
Special Development District No.40. The Willows
"That the proposalto estab/ish Special Development District No. 40, The Willows,
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail
Town Code. Furthermore, the applicant has demonstrated to the satisfaction of
the Commission, based upon the testimony and evidence presented during the
public hearing, that any adverse effects of the requested deviations from the
development sfandards of the underlying zoning are outweighed by the public
benefits provided. Lastly, the Commission finds that the request ts conslsfenf
with the development goals and objectives of the Town.
29
o
With regard to proposed building setbacks, that:
a. Proposed building sefbacks provide necessary separation between buildings
and riparian areas, geologically sensitive areas and other environmentally
sensltive areas.
b. Proposed building sefbacks comply with applicable elements of the Vail
Village Urban Design Guide Plan and Design Considerations.
c. Proposed building sefbacks will provide adequate availability of light, air and
open space.
d. Proposed building sefbacks will provide a compatible relationship with
buildings and uses on adjacent properties.
e. Proposed building sefbacks will result in creative design so/ufions or other
public benefits that could not otherwise be achieved by conformance with
pre scribed setback sta ndards.
With regard to proposed Gross Regdential Floor Area, that:
a. The proposed gross resdential floor area of 200% of the allowable, and the
additional six dwelling units over the allowable, or 1507o of the allowable
number of units in the High Denv$ Multiple Family zone district, are in
conformance with applicable elements of the Vail Comprehensive Plan.
With regard to proposed site coverage, that:
a. Though the proposed site coverage of 67% of the site exceeds that which is
allowed within the High Density Multiple Family zone district, the proposed
above grade, or perceive4 srte coverage of 50% of the site area is in
conformance with the 55% site coverage allowance within the High Density
Multiple Family zone district and is in conformance with the applicable
elements of the Vail Comprehensive Plan.
That the development is in compliance with the purposes of the High Density Multiple
Family zone district, that the proposal rc conslsfenf with applicable elements of the
Vail Village Master Plan, the Vail Land Use Plan, the VailSfreefscape Master Plan,
and the Vail Village Urban Design Guide PIan and that the proposal does nof
otherwise have a significant negative effxt on the character of the neighborhood,
and that the proposal substantially complies with other applicable elements of the
Vail Comprehensive Plan."
Should the Planning and Environmental Commission choose to recommend approval
the applicant's requests, staff recommends the following conditions:
The Developer shall address the following conditions of approval prior to appearing
before the Vail Town Council for second reading of an adopting ordinance for the
establishment of Special Development District No. 40, The Willows:
1. The Developer shall prepare a written agreement, for Town Council review and
approval, outlining the responsibilities and requirements of the stated public
30
x.
benefits, as indicated within this memorandum. This agreement shall include,
but not be limited to, the provision of one Employee Housing Unit onsite; the
provision of five employee beds offsite, provided through contribution to a pay-in-
lieu system or purchased through the "buy down program"; all streetscape
improvements along Willow Road, including an eight foot (8') paver sidewalk for
pedestrians and a twelve foot (12') wide right-of-way lane; and details for a
specific provision of public art, which amount and location shall be determined by
the applicant and reviewed with the Art in Public Places Board.
The Developer shall address the following conditions of approval prior to submitting a
building permit application (a grading permiVexcavation permit shall constitute a building
permit);
1. The Developer shall comply with all outstanding final comments of the Town of
Vail Public Works Department outlined in the attached memorandum dated
October 20, 2006.
2. The Developer shall ensure that the proposed redevelopment plans comply with
all requirements of the Town of Vail Fire Department.
The Developer shall address the following conditions of approval prior to requesting a
temporary certificate of occupancy or a final certificate of occupancy;
1. The Developer shall commence initial construction of the Willows improvements
within three years from the time of its final approval at second reading of the
ordinance establishing Special Development District No. 40, and continue
diligently toward the completion of the project. lf the developer does not begin
and diligently work toward the completion of the special development district or
any stage of the special development district within the time limits imposed, the
approval of said special development district shall be void. The Planning and
Environmental Commission and Town Council shall review the special
development district upon submittal of an application to reestablish the special
development district following the procedures outlined in Section 12-944, Varl
Town Code.
2. The Developer shall provide one deed-restricted housing unit onsite that
complies with the Town of Vail Employee Housing requirements (Chapter 12-13)
and secure five (5) additional beds within the Town of Vail, as stated in the
written agreement to be drafted for the passage of Special Development District
No.40.
AfiACHMENTS
A.
B.
c.
D.
E.
F.
G.
H.
Vicinity Map
Applicant's Request and Application Forms
Reduced plans ofthe proposaldated November6, 2006
Adjacent properties development summary
Different Design Outlines diagram
Public Works memo dated October 20, 2006.
Driveway option plan dated November 6, 2006.
Proposed Streetscape drawings dated November 8, 2006.
3L
L Sun/Shade Analysis dated November 7, 2006.J. Traffic report and site distance diagram from Alpine Engineering dated October
12,2006.K. Gross Square Footage of Units by Floor, dated October 13, 2006.L. Public NoticeM. Adjacent owners mailing listN. Lefters from Public
32
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
November 13,2006
A request for final review of a request for a Conditional Use Permit pursuant to Section
12-6H-3, Conditional Uses, to allow for the construction of timeshare units, located at
T4Willow Road/Lot I Block 6, Vail Village Filing 1't Filing, and setting forth details in
regard thereto ( PEC06-0062).
Applicant: The Willows Condominium Association, Inc., represented by Triumph
Development, LLCPlanner: Elisabeth Reed
il.
SUMMARY
The applicant, The Willows Condominium Association, Inc., represented by Triumph
Development, LLC, is requesting final review of a Conditional Use Permit, pursuant to Section
12-6H-3, Conditional Uses, to allow for the construction of timeshare units within the High
Density Multiple Family zone district at The Willows Condominiums, located at 74 Willow
Road/Lot 8, Block 6, Vail Village Filing 1"' Filing.
Upon review of the applicable elements of the Town's planning documents and adopted criteria
for review, the Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions, the applicant's request for a
Conditional Use Permit to allow for the construction of timeshare units in conjunction with The
Willows redevelopment. A complete summary of the Staff's review is provided in Section Vlll
of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, The Willows Condominium Association, Inc., represented by Triumph
Development, LLC, is requesting final review of a Conditional Use Permit, to allow for the
construction of nine (9) timeshare units at the referenced address. These timeshare units
would be additional to nine (9) whole ownership units and one (1) Employee Housing Unit to be
constructed in association with the redevelopment of The Willows Condominiums. Timeshare
units are listed as a Conditional Use within the High Density Multiple Family zone district, which
is the underlying zoning of the subject site. Though the applicant is jointly requesting a
recommendation of approval for the creation of Special Development District (SDD) fI40, the
underlying zoning still dictates the allowed uses upon the site.
A vicinity map, floor plans and elevations, the applicant's request and other applicable items
have been attached to the associated SDD request for reference.
BACKGROUND
The applicant met with the Planning and Environmental Commission on September 25,2006,
ilt.
tv.
to present a proposed development application and two requests: one for the establishment of
a new special development district intended to facilitate the redevelopment of The Willows
Condominiums, and the second for review of a conditional use permit, to allow for the
construction of timeshare units. Since that time, a third application has been submitted for
review by the Planning and Environmental Commission to request a Conditional Use Permit of
an Employee Housing Unit, which request is also under consideration today.
The Zoning Regulations currently permit various types of interval ownership in four different
zone districts. Those districts include the High Density Multiple Family (HDMF) District, Public
Accommodation (PA) District, Lionshead Mixed Use 1 (LMU-1) District and the Lionshead
Mixed Use 2 (LMU-2) District.
The applicant is proposing to replace the twenty eight (28) existing one bedroom whole
ownership units which exist today with nine (9) whole ownership units, or multiple family
residential dwellings, which are a permitted use within the HDMF District, nine (9) timeshare
units, a conditional use, and one Type lll Employee Housing Unit, also a conditional use. The
declarations and covenants currently in place by The Willows Management Company are
structured similafly to a fractional ownership use, in that they allow thirty days of summer use
and thirty days of winter use per owner. The applicant has chosen to form a similar situation by
forming nine new la share two bedroom timeshare units, resulting in eighteen new short term
rental beds. The applicant is further increasing the number of short term rental beds to twenty
three (23) short term beds by designing five "lock-off units" which will be accessed from the
whole ownership units. The applicant plans to strongly encourage the rental of the lock off
units.
REVIEWING BOARD ROLES
Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of
use and then by the DRB for compliance of proposed buildings and site planning.
Planning and Environmental Gommission:
Action: The PEC ls responslb/e for final approval, approval with modifications, or denial of
CUP.
Desiqn Review Board:
Action: The DRB has IVO review authority on a CUP, but must review any accompanying
DRB application.
Town Gouncil:
Actions of DRB or PEC may be appealed to the Town Council or by the Town Council. Town
Council evaluates whether or not the DRB or PEC 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
V.
revrew process.
APPLICABLE PLANNING DOCUMENTS
A. Titfe 12,Zoning Regulations, Vail Town Gode
Secfion 1 2-2-2 Definitions:
Time-share Unit: A dwelling unit which includes a fractional fee, time-share estate, or time-
share license as approved by the Town of Vail. No offer of a fractional fee, time-share estate,
or time-share license in a time-share unit shall be made except pursuant to an Application for
Registration and Certification as a Subdivision Developer of a time-share program or an
exemption from registration approved by the Sfafe of Colorado Real Estate Commission
pursuant fo C.R.S. 12-61-401 ef. Seg. and the Rules and Regulations promulgated pursuant
thereto.
Chapter 12-6H: High Density Multiple Family District
Purpose: The high density muftiple-family district is intended to provide sites for multiple-family
dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with
such public and semipublic facilities and lodges, private recreation facilities and related visitor
oriented uses as may appropriately be located in the same zone district. The high density
muftiple-family district is intended to ensure adequate light, air, open space, and other
amenities commensurate with high density apartment, condominium and lodge uses, and to
maintain the desirable residential and resort qualities of the zone district by establishing
appropriate site development standards. Certain nonresidential uses are permifted as
conditional uses, which relate to the nature of Vail as a winter and summer recreation and
vacation community and, where permitted, are intended to blend harmoniously with the
residential character of the zone district.
Chapter 12-6H-3: Conditional Uses (in part):
The following conditionaluses sha// be permitted in the HDMF district, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Timeshare units
Chapter 12-16: Conditional Use Permits (in part):
Section 1 2-1 6-1 : Purpose; Limitations
ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses
are permifted in certain disfrlcfs subject to the granting of a conditional use permit. Because of
their unusual or special characteristics, conditional uses require review so that they may be
located properly with respect to the purposes of fhis title and with respect to their effects on
sunounding properties. The review process prescribed in this chapter is intended fo assure
compatibility and harmonious development between conditional uses and sunounding
propefties in the Town at large. Uses /isfed as conditional uses ,''n the various districts may be
permifted subject to such conditions and limitations as fhe Town may prescribe to insure that
the location and operation of the conditional uses will be in accordance with the 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.
B. Vail Village Master Plan
2.3 Obiective:
Increase the number of residential units available for short term overnight
accommodations.
2.3.1 Policv:
The development of short term accommodation unlfs ls strongly encouraged.
Residential units that are developed above existing density levels are required
to be designed or managed in a manner that makes them available for short
term overnight rental.
2.5 Obiective:
Encourage the continued upgrading, renovation and maintenance of existing lMging
and commercial facilities to befter serue the needs of our guests.
2.5.1 Policv:
Recreation amenities, common areas, meeting facilities and other amenities shall
be preserued and enhanced as a part of any redevelopment of lodging
properties.
o
WILLOW CIRCLE SUB-AREA ff2)
Although immediately adjacent to the mixed use developments found in the Commercial Core
and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential
character. Condominium developments have occurred on all but one of the sub-area's parcels
and many of these properties are actively "short-termed" to overnight guesfs. /n mosf cases,
parking has been provided in underground structures. This design feature, coupled with the
Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this
area.
ln most cases, fhe levels of development throughout this sub-area greatly exceed what is
allowed under existing zoning (High Density Multi-Family). Gross resrdential floor area ratios
(GRFAR) range from .6to 1.3, with an average of 1.01. With the exception of one parcel, all
properties within this sub-area are, developed at, or over, their permifted levels of
development. As such, there is liftle development potential left in this sub-area.
SITE ANALYSIS
Zoning:
Land Use Plan Designation:
Current Land Use:
High Density Multiple Family (HDMF)
Village Master Plan
Village Master Plan
vt.
Address:74 Willow Road/Lot 8, Block 6, Vail Village 1" Filing
Develooment Standard
(development standard requiring a conditional use listed in bold)
Allowed Existinq Proposed
Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21 ,144 sq. ft.) no change
Setbacks:Front 20 feet 8 feet 11' (above grd.)
Side: 20 feet 4 feet 7.5' (above grd.)
Rear: 20 feet 5.5 feet 6.2' (above grd.)
Bldg. Height 45 ft. flaVmansard 48 feet 48 feet
48 ft. sloping
Density: 12 dwelling units 28 dwelling units 9 Dwelling units
(+5 Lock offs)
9 Timeshare units
1 EHU
GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft.
(760/o of site area) (115oh of allowable GRFA) (200o/o of allowable GRFA)
Site Cvge: 1'1,629 sq. ft. (55olo) 12,638 sq. ft. (-600/o) 14,110 sq. ft. (-670lo)
Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. (-13%) 8,540 sq. ft. (4lo/o)
Parking: FFU = 0.7 sp/unit 42 spaces 29 spaces
DU = 1.4 sp/unit
EHU = 1.4 sp/unit
20.3 total spaces req'd
VII. SURROUNDING LAND USES AND ZONING
Land Use ZoninqNorth: Residential High Density Multiple FamilySouth: Residential Two-Family Primary/SecondaryEast: Residential High Density Multiple FamilyWest Residential Two-Family Primary/Secondary
VIII. REVIEW CRITERIA AND 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 (section 12-16-6):
1. Relationship and impact of the use on the development objectives of the
Town.
3.
The proposal to construct nine (9) new timeshare units comprising eighteen (18)
brand new short term rental beds satisfies the development objectives of the Town
as stated in Objectives 2.3 and 2.5 of the Vail Village Master Plan in Section V of
this memorandum. Staff believes that a positive impact will result from the new
timeshare units proposed by the applicant, as the proposal involves upgrading and
renovation of short term rental uses.
The effect of the use on light and air, distribution of population, transportation
facilities, utllities, schools, parks and recreation facilities, and other public
facilities needs.
Staff believes that the proposed request for a conditional use permit to locate
timeshare units within the new Willows building will have no effect on the various
aspects of the referenced criterion.
Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flor and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff believes that the proposed timeshare units will not negatively impact the above
criterion as the number of timeshare units proposed is fewer than currently exists.
Additionally, the proposed architectural plans of the building include the provision of
a porte cochere entrance, which should substantially improve automotive and
pedestrian safety, convenience, and traffic flow along Willow Road as guests arrive
and depart from The Willows.
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 the proposed conditional use permit will have no effect upon the
character of the area in which the timeshare units are to be located. The proposed
redevelopment will be one of many sites within the adjacent area that has been
recently improved. The scale and bulk of the building housing the proposed use are
to be reviewed in conjunction with the application for creation of a new Special
Development District.
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.
The presence of the existing building and parking garage led Staff to the conclusion
that an environmental impact report would not be required for any of the three
applications associated with The Willows Redevelopment.
Necessary Findings: The planning and environmental commission shall make the
following findings before granting a conditional use permit:
B.
1. That the proposed location of the use is in accordance with the purposes of
this title and the purposes of the zone district in which the site is located.
Staff believes that the location of the proposed timeshare units is in accordance with the
purposes of Title 12: Zoning Regulations and the purposes of the High Density Multiple
Family zone district. Such purpose states that "desirable residential and resort
qualities" shall be maintained within the district, which Staff has deemed to include the
allowance of new timeshare units as a use upon the site.
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.
It is Staffs belief that the proposed location and conditions of use under which the
timeshare units will be operated will not be detrimental to public health or welfare,
particularly since the applicant is proposing to rebuild a failing structure and construct
substantial streetscape improvements along Willow Road as part of the associated
SDD request.
3. That the proposed use will comply with each of the applicable provisions of
this title.
Staff believes that the proposed use complies with each of the applicable provisions of
Title 12: Zoning Regulations.
C. The following criteria and standards shall be applicable to the uses listed below
consideration of a conditional use permit. These criteria and standards shall be
addition to the criteria and findings required by section 12-16-6 (above).
8. Timeshare unit or fractional fee club proposal: Prior to the approval of a
conditional use permit for a timeshare estate, fractional fee, fractional fee club, or
timeshare license proposal, the following shall be considered:
a. lf the proposal for a fractional fee club is a redevelopment of an existing
facility, the fractional fee club shall maintain an equivalency of
*contmodation units as are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. lf the
proposal is a new development, it shall provide at least as much
accommodation unit gross residential floor area (GRFA) as fractional fee
club unit gross residential floor area (GRFA).
Because the existing Willows building contains no accommodation units, the
maintenance of such, either through number of units or by square footage, is not
required of this redevelopment proposal. Staff believes that the applicant is
exempt from this criterion.
b. Lock off units and lock off unit square footage shall not be included in
the calculation when determining the equivalency of existing
accommodation units or equivalency of existing square footage.
The square footage of the proposed lock off units has been added to
Analysis in Section Vl of this memorandum. However, Staff believes
in
in
the Site
that the
inclusion of this number into the amount of requested GRFA is irrelevant to this
proposal since no accommodation units exist today.
c. The ability of the proposed project to create and maintain a high level of
occupancy.
Staff believes that the redevelopment proposal will maintain a high level of
occupancy because it will result in a new building with new beds and substantial
site improvements.
d. Employee housing units may be required as part of any new or
redevelopment frastional fee club project requesting density over that
allowed by zoning. The number of employee housing units required will be
consistent with employee impacts that are expected as a result of the
project.
Due to the overall decrease in number of units upon the site, the applicant is not
required to provide employee housing. However, the applicant is proposing to
provide six (6) new employee housing beds within the Town of Vail as part of
the public benefit associated with the SDD request. Regardless, Staff believes
that the applicant will fulfill a pressing need for additional employee beds within
the Town and complies with the above criterion.
e. The applicant shall submit to the town a list of all owners of existing
units within the project or building; and written statements from one
hundred percent (100%) of the owners of existing units indicating their
approval, without condition, of the proposed fractional fee club. No written
approval shall be valid if it was signed by the owner more than sixty (60)
days prior to the date of filing the application for a conditional use.
The ownership structure of the redevelopment proposal will result in the
combination of all existing unit owners into one common partnership at the time
of (proposed) passage of the SDD. Therefore, Staff has requested that the
applicant provide Staff with written approval, without condition, by the
Partnership as a whole, instead of the individual unit owners, of the proposal to
construct timeshare units upon the site. This will be a condition of approval to
be fulfilled within thirty (30) days of the passage of the SDD.
f. Each of the fractional fee club units shall be made available for short
term rental in a managed program when not in use by the club members.
The project shall include or be proximate to transportation, retail shops,
eating and drinking establishments, and recreation facilities.
The applicant has verified that each of the timeshare units shall be made
available for short term rental when not in use by the club members. The
location of the redevelopment site is proximate to transportation (parking
structure and bus route along Meadow Drive), retail shops (the Village), eating
and drinking establishments (the Mllage), and recreation facilities (Vail
Mountain).
tx.STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental
Commission approves, with conditions, the applicant's request for a conditional use permit,
pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of timeshare units in
conjunction with the redevelopment of The Willows Condominiums located at 74 Willow
Road/Lot 8, Block 6, Vail Village 1't Filing. Staff's recommendation is based upon the review of
the criteria described in Section Vlll of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this conditional use
permit request, the Department of Community Development recommends the Commission
pass the following motion:
"The Planning and Environmental Commission approves a conditional use permit,
pursuant to Chapter 12-16, Vail Town Code, to allow for construction of timeshare units,
located at 74 Willow Road/Lot I Block 6, Vail Village Filing 1"' Filing, and sefting forth
details in regard thereto, subject to the following conditions:
1. The approval of this conditional use permit shall be contingent upon passage of the
assoclafed Special Development Didrict request by the Vail Town Council.
2. The approval of this conditions use permit shall be contingent upon approval of the
assoclafed design review request by the Design Review Board.
3. Written approval by the future Willows Partnership, without condition, of the
proposal to construct nine (9) timeshare units upon the site shall be submifted to the
Community Development Department within thifi (30) days of the passage of the
SDD."
Should the Planning and Environmental Commission choose to approve, with conditions, this
conditional use permit request, the Department of Community Development recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vlll of this Staff memorandum
to the Planning and Environmental Commission dated November 13, 2006, and the
evidence and testimony presented, the Planning and Environmental Commission finds:
1. The proposed conditional use, located at 74 Willow Roa4 is in accordance with the
purposes of the Zoning Regulations and the proposed Special Development District
No.40.
2. The proposed conditional use, located at 74 Willow Road, and the conditions under
which the timeshare units will be operated or maintained are not detrimental to the
public health, safety, or welfare or materially injurious to properties or improvements
in the vicinity.
3. The proposed conditional use, located at 74 Willow Road complies with each of the
applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as
l_0
o
referenced by Section V of this Staff memorandum to the Planning and
Environmental Commission dated November 1 3. 2006."
X. ATTACHMENTS
A. Public Notice
11
Attachment A
-ffi THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS 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 25, 2006, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a recommendation to the Vail Town Council of a proposal to establish
Special Development District No. 40, pursuant to Article 12-9(A), Special Development
Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums,
located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1"'Filing, and setting forth
details in regard thereto. (PEC06-0061)
Applicant: The Willows Condominium Association, Inc., represented by Triumph
Development, LLCPlanner: Elisabeth Reed
A request for final review of a conditional use permit pursuant to Section 12-6H-3,
Conditional Uses, allow for the construction of timeshare estate units, fractional fee units
and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1st
Filing, and setting forth details in regard thereto. (PEC06-0062)
Applicant: The Willows Condominium Association, Inc., represented by Triumph
Development, LLCPlanner: Elisabeth Reed
A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption
Plat Review Procedures, Vail Town Code, for a modification to a shared property
boundary between Lots 3 and 4, Block 5, Bighorn Fifth Addition, located at 4916 and 4920
Juniper Lane, and setting forth details in regard thereto. (PEC06-0063)
Applicant: Slick Asset Management Trust, represented by William and Sally Slick, Co-
TrusteesPlanner: Matt Gennett
A request for a recommendation to the Vail Town Council of an amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and
Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the
Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to
include the study "West Lionshead" area, generally located at 646, 862, 890, 923,934,
953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon
Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more
complete legal description is available at the Community Development Department), and
setting forth details in regard thereto. (PEC06-0008)
Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office
Building General PartnershipPlanner: Wanen Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970479-2356, Telephone for the Hearing lmpaired, for information.
Published September 8, 2006, in the Vail Daily.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 13, 2006
A request for final review of a Conditional Use Permit, pursuant to Section 12-6H-
3, Conditional Uses, Vail Town Code, to allow for a Type lll Employee Housing
Unit, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting
forth details in regard thereto (PEC06-0076).
Applicant The Willows Condominium Association, represented by Triumph
Development, LLCPlanner: Elisabeth Reed
lt,
SUMMARY
The applicant, The Willows Condominium Association, represented by Triumph
Development, LLC, is requesting a conditional use permit pursuant to Section 12-6H-3,
Conditional Uses, Vail Town Code, as a part of the proposed redevelopment of The
Willows Condominiums, located at 74 Willow Road. lf approved, the construction of the
Type lll Employee Housing Unit (EHU) would provide one new 670 square foot housing
unit for one employee within the redeveloped building. Based upon Staff's review of the
criteria in Seclion Vlll of this memorandum and the evidence and testimony presented,
the Community Development Department recommends approval, with conditions of
this request subject to the findings and conditions noted in Section lX of this
memorandum.
DESCRIPTION OF REQUEST
The provisions of Section 12-6H-3, Vail Town Code, identify a Type lll EHU as a
conditional use within the High Density Multiple Family District. This request is being
made in conjunction with the proposal for a new Special Development District (SDD #40)
upon the property, the underlying zoning of which is High Density Multiple Family. The
proposed EHU will be 670 square feet in size and will include one bedroom, kitchen/living
room, bathroom, and closet at the southwest corner of the first floor of the redeveloped
building. The EHU has been designed with its own entrance to the main hallway of the
building. The applicant has provided 1.4 subsurface parking spaces for the EHU per the
parking requirements for a dwelling unit, which are outlined in Section 12-10 oI the Vail
Town Code. The provisions of Section 12-16-A and 12-16-7, Conditional Use Permit, Vail
Town Code, determine the review criteria and procedure for a conditional use permit.
Architectural plans detailing the floor plans of the proposed unit have been attached for
reference (Attachment A).
ilt.BAGKGROUND
On September 25, 2006, the Planning and Environmental Commission reviewed the
proposal for the establishment of a new Special Development District to facilitate the
redevelopment of The Willows Condominiums. As a part of the SDD redevelopment
request, the applicant is proposing that the primary benefit to the Town be to add to
contribute to one of its greatest needs: employee housing. The applicant is proposing to
provide one EHU on site, for which this conditional use permit is being requested, and to
either buy down or utilize a pay-in-lieu program to provide an additional five employee
beds elsewhere in the Town of Vail.
fn September and December of 1992, the Town Council passed Ordinances 9 and 27,
Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition
of Employee Housing Units (EHU's) as permitted or conditional uses within certain zone
districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to
repeal and reenact this chapter and provide additional incentives for the creation of
employee housing in Vai,.
On November 1,2006, the Design Review Board conceptually reviewed the design
review application associated with the proposal for the redevelopment of the entire
property. The Board expressed no concenr over the incorporation of an employee
housing unit on the site as the exterior ramifications of such a request are negligible.
ROLES OF REVIEWING BODIES
Order of Review: Generally, applications will be reviewed first by the Planning and
EnMronmental Commission for acceptability of use and then by the Design Review Board
for compliance of proposed buildings and site planning.
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for final
approval/denial/approval with conditions of Conditional Use Permits.
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
located, including the scale
surrounding uses.
which the proposed use is to
the proposed use in relation
tv.
be
to
of the area in
and bulk of
5. Such other factors and criteria as the Commission deems applicable to the
proposed use.
6. The environmental impact report conceming the proposed use, if an
environmental impact report is required by Chapter 12 of this Title.
Conformance with development standards of zone district, including;o Lot arear Setbacksr Building Height. Densityo GRFAo Site coverager Landscape arear Parking and loadingr Mitigation of development impacts
Design Review Board:
Action: The Design Review Board has does not have review authority on a Conditional
Use Permit, but must review any accompanying Design Review Board 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 Planning and Environmental Commission or Design Review Board 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.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
Ghapter 12-2: Definitions
12-2-2: Definitions
Employee Housing Unit (EHU): A dwelling unit which shall not be leased or rented
for any perlod /ess than thirty (30) consecutive days, and shall be rented only to
tenants who are full-time employees of Eagle County. EHUs shall be allowed in
certain zone districts as sef forth in this Title (Section 12-13). Development
standards for EHUs shall be as provided in Chapter 13, "Employee Housing" of
this Title. For the purposes of this definition, a'full-time" employee shall mean a
person who works a minimum of an average of thirty (30) hours per week. There
shall be five (5) categories of EHUs: Type l, Type ll, Type lll, Type lV, and Type
V. Provisions relating to each type of EHU are sef forth in Chapter 13, "Employee
Housing" of this Title.
Ghapter 12-6H: High Density Multiple.Family (HDMF) District
12-6H-1: Purpose
The high-density multiple-family district is intended to provide dwelling site for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units per acre,
together with such public facilities and lodges, private recreation facilities and related
visitor oriented uses as may appropriately be located in the same district. The high
density multiple-family district is intended to ensure adequate light, air, open space, and
other amenities commensurate with high density apartment, condominium and lodge
uses, and to maintain the desirable residential and resort qualities of the district by
establishing appropriate site development standards. Certain nonresidential uses are
permitted as conditional uses, which relate to the nature of Vail as a winter and summer
recreation and vacation community and, where permifted, are intended to blend
harmoniously with the residential character of the district.
12-6H-3: Conditional Uses (in part)
The following conditionaluses sha// be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Type lll employee housing units as provided in chapter 13 of this title.
Chapter 12-13: Employee Housing
12-13-1: Purpose
The Town's economy is largely tourist based and the health of this economy is
premised on exemplary seruice for Vail's guesfs. Vail's ability to provide such
seruice is dependent upon a strong, high quality and consistently available work
force. To achieve such a work force, the community must work to provide quality
living and working conditions. Availability and aftordability of houstng plays a
critical role in creating quality living and working conditions for the community's
work force. The Town recognizes a permanent, year-round population plays an
important role in sustaining a healthy, viable community. Further, the Town
recognizes its role in conjunction with the private sector in ensuring houslng is
available. The Town Council may pursue additional incentives administratively to
encourage the development of employee housing units. These incentives may
include, but are not limited to, cash vouchers, fee waivers, tax abatement and in
kind services to owners and creators of employee housing units. The Town of
Vail or the Town's deslgnee may maintain a registry and create /ists of all deed
restricted housing units created in the Town fo asgsf employers and those
seeklng housing.
Ghapter 12-16: Conditional Use (in part)
1 2- 1 6-1 : Purpose; Limitations:
vt.
ln order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permifted in certain disfrlcfs subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of fhts title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended fo assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses /lsfed as
conditional uses rn the various dlsfricfs may be permifted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the 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.
SITE ANALYSIS
Zoning:High Density Multiple Family (HDMF)
Land Use Plan Designation: Village Master Plan
Current Land Use: Village Master PlanAddress: 74 Willow Road/Lot 8, Block 6, VailVillage 1"t Filing
Development Standard
(Effected development slandards are notated in bold font)
(*This number aheady included in the 670 square feet proposed unit size)
Allowed Existinq Prooosed
Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21,144 sq. ft.) no change
Setbacks:Front 20 feetSide: 20 feet
Rear: 20 feet
8 feet
4 feet
5.5 feet
11' (above grd.)
7.5'(above grd.)
6.2'(above grd.)
48 feet
9 Dwelling Units
(+5 Lock offs)
9 Timeshare Units
1 Type lllEHU
14,110 sq. ft. (-67%)
8,540 sq. ft. (40o/o)
29 spaces
Bldg. Height: 45 ft. flaUmansard 48 feet
48 ft. sloping
Density: 12 dwelling units 28 dwelling units
GRFA:
Site Cvge:
16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft.
(76Vo of site area) (115o/o o'f allowable GRFA) (200% of allowable GRFA)
11,629 sq. ft. (55%) 12,638 sq. ft. (-600/o)
Land. Area: 6,343 sq. ft. (300/o) 2,848 sq. ft. (-130lo)
Parking: FFU = 0.7 spiunit 42 spaces
DU = 1.4 sp/unit
EHU = 1.4 sp/unit
20.3 total spaces req'd
EHU Storage Area:not stated
VII. SURROUNDING LAND USES AND ZONING
- 9 sq. ft.*
Zoninq
High Density Multiple Family
Two-Family Primary/Secondary
High Density Multiple Family
Two-Fam ily PrimaryiSecondary
North:
South:
East:
West:
Land Use
Residential
Residential
Residential
Residential
VIII. CRITERIAANDFINDINGS
The review criteria for a request of this nature are established by the Town Code. The
proposed Type lll EHU is located within the High Density Multiple Family District.
Therefore, this proposal is subject to the issuance of a conditional use permit in
accordance with the provisions of Chapter 12-16,Yat Town Code.
A. Consideration of Factors Reoardinq Conditional Use Permits:
1. Relationship and impact of the use on the development objectives of the
Town.
When the Town Council adopted the Town of Vail Affordable Housing Study
on November 20, 1990, it recognized a need to increase the supply of
locals/employee housing units. As recently as October 10, 2006, the Council
discussed in length possible options for solving the affordable housing
shortage. The Town encourages EHUs, particularly within the Village areas,
when possible, as a means of providing quality living conditions and
expanding the supply of employee housing for both year-round and seasonal
local residents. Staff believes that the incorporation of the proposed unit into
The Willows redevelopment project will have a positive impact on the Town's
rental housing needs.
The effec{ 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 there will be an insignificant impact from the proposed Type
lll EHU on light, air, population, transportation, utilities, schools or parks, and
other public facilities needs.
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.
Two additional vehicles (1.4 spaces rounded up) are anticipated in association
with this EHU. The applicant is proposing to accommodate this anticipated
parking demand within the below-grade structure. Additionally, because the
EHU will be located within the Village area and will be pedestrian friendly for
3.
its user, Staff believes that this proposal will have an insignificant impact on
the remainder of the referenced 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 does not feel that the proposed EHU will significantly impact the scale
and bulk of this project in relation to sunounding uses. The proposed EHU
will be consistent with the development standards applicable to this property.
5. The proposed EHU meets the Town's requirements for zoning,
ownership/transference, GRFA, garage crediUstorage, and density.
a. Zoninq districts permitted bv riqht or by conditional use
A Type lll EHU is a conditional use in the Residential Cluster, Low Density
Multiple Family, Medium Density Multiple Family, High Density Multiple
Family, Public Accommodation, Commercial Core 1, 2, and 3 districts,
Commercial Service Center, Arterial Business District, Parking District,
General Use District, and the Ski Base/Recreation District. The subject
property is zoned High Density Multiple Family.
b. Ownership/Transference
A Type lll EHU may be sold or transferred separately from the units with which
it is associated. The applicant is proposing to sell or transfer the EHU
separately from the proposed dwelling units and fractional fee units to be
constructed upon the property.
c. AdditionalGRFA
Not applicable for a Type lll EHU.
d. Garaqe CrediUStoraqe Reouirement
Not applicable for a Type lll EHU.
e. Parkinq
Per Chapter 12-10, Vail Town Code, which regulates the parking requirements
for dwelling units (including EHUs) within the Commercial Areas, 1.4 parking
spaces are required for this unit. The applicant is currently proposing to
provide eight spaces more than the Chapter 12-10 requirement for the various
proposed uses (including the proposed EHU) upon The Willows
redevelopment site.
f. Minimum/Maximum GRFA of an EHU
Type lll EHUs are allowed with a Gross Residential Floor Area (GRFA) range
of 300 - 1,200 sq.ft. The proposed EHU will be 670 sq. ft. in size.
g. Densitv
A Type lll EHU will not count as density in this instance.
The Planninq and Environmental Commission shall make the followino findinqs
before qrantinq a conditional use pennit:
B.
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 High Density Multi-Family (HDMF) district.
That the proposed location of the use and the conditions under which it wih
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 regulations.
STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions of a
Conditional Use Permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code,
to allow for a Type lll Employee Housing Unit, located at 74 Willow Road/Lot 8, Block 6,
Vail Village 1"' Filing. Staff's recommendation is based upon the review of the criteria in
Section Vlll of this memorandum and the evidence and testimony 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
High Density Multiple Family 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 propefties 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 regulations.
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 shall be contingent upon Town
Council approval of the request for the formation of Special Development
District#40.
2. This conditbnal use permit approval shall be contingent upon the applicant
receiving Town of Vail approval of the related design review application.
3. Prior to fhe issuance of a building permit, the applicant shall execute a
Type lll EHU deed re$riction with the Town of Vail Department of
Community Development to permanently restrict the use of the EHU for
employee housing.
1.
2.
3.
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X. ATTAGHiIENTS
A. Architectural Plans/Floor Plans
B. Public Notice
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o Attachment B
-.m THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS 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 November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a worksession to discuss a conditional use permit, pursuant to Section 12-
7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate),
located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details
in regard thereto. (PEC06-0066)
Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
A request for a final review of a conditional use permit, pursuant to section 12-78-5'
Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the
operation of a "quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2,
VailVillage Filing 1, and setting forth details in regard thereto. (PEC06-0067)
Applicant: Remonov & Company, lnc.Planner: Warren Campbell
A request for a worksession to discuss a conditional use permit, pursuant to Section 12-
9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395
East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in
regard thereto. (PEC06-0068)
Applicant Town of Vail, on behalf of All Mountain Sports, LLC
Planner: Bill Gibson
A request for a final review of a variance, from Section 12-6D-9, Site Coverage' Vail
Town Code, pursuant to Chapter 12-7, Yariances, Vail Town Code, to allow for a
residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC06-0069)
Applicant Robert Stephanoff, represented by Jack Snow, RKD Architects
Planner: Bill Gibson
A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck,
located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and
setting forth details in regard thereto. (PEC06-0070)
Applicant Lewis and Patricia Lewis, represented by Michael Suman Architect
Planner: Elisabeth Reed
A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12-
6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12'17,Variances, to allow
for the enclosure of a deck, located at 400 East Meadow Drive, Unit S,/Block 5' Vail
Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071 )
Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect
Planner: Elisabeth Reed
Piige 1
A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck,
located at 400 East Meadow Drive, Unit 8/Block 5, Vail Village Filing 1, and setting and
setting forth details in regard thereto. (PEC06-0072)
Applicant Sue Thurow, represented by Michael Suman ArchitectPlanner: Elisabeth Reed
A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and
the renovation ol the Landmark Condomtniums; and a request for a final review of
variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H-15,
Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for an underground parking structure and a staircase within the
setbacks and deviations from the maximum site coverage and minimum landscape area
requirements, located at 610 West Lionshead Circle/Lot 1 , Block 1 , Vail Lionshead Filing
3, and setting forth details in regard thereto. (PEC06-0074)
Applicant Landmark condominium Association, Inc., represented by Geoff Wright
Planner: Bill Gibson
A request for final review of an appeal of an administrative action, pursuant to Section
12-3-3, Appeals, Vail Town Code, appealing a staff determination that Chapter 7,
Development Standards, Lionshead Redevelopment Master Plan, does not supersede
the setback requirements prescribed by Section 12-7H-14, Setbacks, Vail Town Code,
located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting
forth details in regard thereto.
Applicant: Landmark condominium Association, Inc., represented by Geoff Wright
Planner: Bill Gibson
Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to
Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for modifications
to the approved building Plans for the Vail Cascade Residences (Cascade movie
theaters and Colorado Mountain College), located at 1310 Weslhaven Drive/Cascade
Village, and setting forth details in regard thereto. (PEC06-0075)
Applicant: Vail Cascade Residences, LLC, represenled by Mauriello Planning Group
Planner: Warren Campbell
A request for a final review of a conditional use permit, pursuant to Section 12-6H-3,
Conditional Uses, Vail Town Code, to allow for the construction of a Type lll Employee
Housing Unit, in association with The Willows redevelopment, located at 74 Willow
Roadilot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC06-0076)
Applicant The Willows Condominium Association, represented by Triumph
Development, LLCPlanner: Elisabeth Reed
f,#,
Page 2
A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck,
located at 400 East Meadow Drive, Unit 8/Block 5, Vail Village Filing 1, and setting and
setting forth details in regard thereto. (PEC06-0072)
Applicant: Sue Thurow, represented by Michael Suman Architect
Planner: Elisabeth Reed
A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and
the renovation of, the Landmark Condominiums; and a request for a final review of
variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H-15,
Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for an underground parking structure and a staircase within the
setbacks and deviations from the maximum site coverage and minimum landscape area
requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing
3, and setting forth details in regard thereto. (PEC06-0074)
Applicant: Landmark condominium Association, Inc., represented by Geoff Wright
Planner: Bill Gibson
A request for final review of an appeal of an administrative action, pursuant to Section
12-3-3, Appeals, Vail Town Code, appealing a staff determination that Chapter 7,
Development Standards, Lionshead Redevelopment Master Plan, does not supersede
the setback requirements prescribed by Section 12-7H-14, Setbacks, Vail Town Code,
located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting
forth details in regard thereto.
Applicant Landmark condominium Association, Inc., represented by Geoff Wright
Planner: Bill Gibson
Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to
Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for modifications
to the approved building Plans for the Vail Cascade Residences (Cascade movie
theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade
Village, and setting forth details in regard thereto. (PEC06-0075)
Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
A request for a final review of a conditional use permit, pursuant to Section 12-6H-3,
conditional Uses, Vail Town Code, to allow for the construction of " fyp"'iif 'Ern'pfoy.-d
"^ItHousing Unit, in association with The Willows redevelopment, located at 74 Willow Fti.,nlfu
Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. t0l' J(PEC06-0076)
Applicant The Willows Condominium Association, represented by Triumph
Development, LLCPlanner: Elisabeth Reed
Page 2
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 97 0-47 9-21 38 for add itional information.
Sign language interpretation is available upon request, with 24.hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Published October 27,2006, in the Vail Daily.
Page 3
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
September 25, 2006
A request for a worksession with the Planning and Environmental
Commission regarding a proposal to establish Special Development District
No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town
Code, to allow for the redevelopment of The Willows Condominiums and a
request for a worksession regarding review of a conditional use permit
pursuant to Section 126H-3, Conditional Uses, allow for the construction of
timeshare estate units, fractional fee units and timeshare license units,
located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1"' Filing, and
setting forth details in regard thereto. (PEC06-0061 and PEC06-0062)
Applicant The Willows Condominium Association, Inc., represented by
Triumph Development, LLCPlanner: Elisabeth Reed
lt.
SUMMARY
The purpose of this meeting is to allow the applicant an opportunity to present the
proposed redevelopment plans for The Willows Condominiums to the Planning and
Environmental Commission. it is hoped that the following items are outcomes of
today's worksession:
. Clear direction to the applicant regarding all aspects of the proposal,
particularly the proposed deviations and mitigating factors;r Information for the public regarding the application;. An opportunity for the Commission to identify issues for review at future
meetings.
The Commission is not being asked to take any formal positions on this application
at this time. As such, staff will not be providing a formal recommendation at this
time. The next step in the review process of this development application includes a
final review by the Planning and Environmental Commission tentatively scheduled for
October 9, 2006.
DESCRIPTION OF THE REQUEST
t* Wominium Association, represented by Triumph
Development, LLC, has requested a worksession meeting with the Planning and
Environmental Commission to present a proposed development application and two
requests: one for the establishment of a new special development district intended to
facilitate the redevelopment of The Willows Condominiums, and the second for
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review of a conditional use permit, to allow for the construction of timeshare estate
units and timeshare license units, located at 74 Willow Road/Lot 8, Block 6, Vail
Village 1st Filing. A vicinity map has been attached for reference (Attachment A) as
has a reduced copy of the floor plans and elevations (Attachment E).
The key elements of the proposal include:
r Demolition of the existing, thirty-six (36) year old Willows Condominiums and
rebuild according to following memorandum;r A net decrease from 28 existing dwelling units to 19 new dwelling units on
site;r An increase in the amount of landscaped area upon the site;o Increased conformance with the front setback along Willow Road;o Demolition of the existing above-grade parking structure located adjacent to
Vail Road and creation of a new underground parking structure;e An increase in the number of live-beds added to the existing lodging
inventory;o Construction of recommended streetscape improvements to Willow Road;
and,o Provision of one new employee housing unit within the Town of Vail.
The applicant is proposing the following deviations from the underlying zone district
in this area, the High-Density Multiple-Family (HDMF) District:
o A deviaticln from the density requirements of the HDMF district, including:
1. A reduction number of dwelling unds (from 28 to 19), but still an
overage of seven dwelling units on site;
2. An increase in the amount of Gross Residential Floor Area (GRFA) to
nearly double the amount allotted to a lot of this size. / 5; f7Wo Deviations of between 7.5 and 16 feet from the front, side and rear EdfrHr0-
and.r A deviation from the amount of allowable sftrr&Bi@e..
III. BAGKGROUND
The existing building of the Willows Condominiums is thirty six years old and in need
of many repairs and upgrades, including but not limited to the following:
r Demolition and/or repair of the parking decks;r lnstallation of a fire sprinkler system;r Upgrades to the mechanical systems within the building;o Renovation of all the units and common spaces; and,. Renovation to the exterior of the building.
Because the building was constructed using a concrete "T system, any renovations
or upgrades would mmpromise the already low (7', 6") head height. Between the
type of existing construction and the non-conformities of the existing building, the
applicant and The Willows homeowners have chosen a proposal to demolish and
rebuild the building instead. The applicant has not yet met with the Town of Vail
Design Review Board for conceptual review discussions. However, the Board is
scheduled to conceptually review the proposal at its next regularly scheduled
meeting on October 18, 2006.
SITE ANALYSIS
Staff anticipates that there may be changes to the proposal that will affect the
development standards data. According to the application information provided by
the applicant, the deviations to the prescribed development standards are listed
below in bold font.
Zoning:High Density Multiple Family (HDMF)
Land Use Plan Designation: Village Master Plan
Cunent Land Use:
Address:
Development Standard
Allowed
Lot Area: 10,000 sq. ft.
Setbacks:Front 20 feetSide: 20 feetRear: 20 feet
8 feet
4 feet
5.5 feet
48 feet , u
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28 dwelling units
18,607 sq. ft.
12,638 sq. ft. (-60%)
2,848 sq. ft. (-13olo)
42 spaces
12.5 feet
4 feet
7 feet
no change
tb
Bldg. Height 45 ff. flaUmansard
48 ft. sloping
Density: 12 dwelling units
Village Master Plan
74 Willow Road/Lot 8, Block 6, VailVillage 1"'Filing
Existinq Proposed
4854 acres (21,1214 sq. ft.) no change
o
GRFA:16,069 sq. ft.
Site Goverage:
11,629 sq. ft. (55%)
Land. Area: 6,343 sq. ft. (30o/o)
Parking: FFU = .7 spaces
DU = 1.4 spaces
* Reguesled deviations notated in bold
VII. SURROUNDING LAND USES AND ZONING
Land Use
Residential
Residential
Residential
Residential
Zonino
High Density Multiple Fami$
Two-Family Primary/Secondary
High Density Multiple Family
Two-Family Primary/Secondary
fidu's+ 1 EHU
32,053 sq. ft. )
l' n,\ft
14,073sq. ft. (-677o! W
8,761 sq. ft.qt%)
30 spaces
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North:
South:
East:
West:
vilr. DtscussroN rssuEs
The purpose of this worksession meeting is to allow the applicant an opportunity to
present the revised proposed plans to the Planning and Environmental Commission
and to provide the applicant, public, staff, and the Commission an opportunity to
identify issues for discussion at future meetings. The Commission is not being asked
to take any formal positions on this application at this time. However, the Town of
Vail has reviewed the development application submitted by the applicant's
representative for completion and compliance with the prescribed submittal
requirements.
Completeness of the application
Upon completion of review by the Community Development, Public Works, and Fire
Departments, it has been determined that additional information is required to be
submitted and reviewed before any final decisions may be made by the reviewing
boards. These issues have already been communicated to the applicant. For
reference purposes, the following information is needed:
o The proposed loading bay location must be identified on the site plan. One
loading bay will be required pursuant to the section of the Vail Town Code which
states that "One loading berth for uses up to 100,000 square feet gross
residential floor area" will be required for "Multiple-family dwellings with over
20,000 square feet gross residential floor area' (Section 12-10-13, Vail Town
Code).
r A set of plans designating areas and amount of square footage located within all
setbacks, both total numbers and "per floor" numbers must be providgd for $tqff-
and Planning and Environmental 6mmission review. / ( cn! ha"e utz
A massing model must be provided, either digitally or othemise-as part of the
complete Special Development District application. The applicant is already in
the process of constructing a model, which Staff is hoping will help identify areas
of significant proximity or encroachment onto neighboring properties.
A sun/shade study is being required by Staff for review to help better understand
the impacts of the new and expanded buildings proposed by the applicant.
Though the applicant is not proposing to increase the height of the building, Staff
believe that the impacts of sun/shade may be affected significantly by the
encroachment of building bulk and mass into the setbacks.
Elevation drawings which reflect the approximate height and massing of
surrounding buildings must be provided.
A parking levelfloor plan which includes the property lines must be provided to
identify constructability issues, total below grade site coverage, and setback
distances.
A complete and accurate roof plan must be provided with existing and proposed
grades shown underneath to be used in the determination of building height.
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. An egress plan must be provided in order for the Town of Vail Fire Department to
begin its review of the proposed construction.
An application for a conditional use permit to allow for a Type lll Employee ^^[n ,]il
Housing to be constructed on the development site must be submitted to and lfltrlff ii,If
reviewed by the Planning and Environmental Commission. r 0v- lw
o Additionally, pursuant to Section 12-7A-'12 (AX2Xi) of the Vail Town Code, "Any
additional information or material as deemed necessary by the Administrator or
the Town Planning and Environmental Commission may be requested".
. For specific Public Works Department requests regarding the proposal, please
see the attached letter from Tom Kassmel, Town Engineer, dated September 14,
2006 (Attachment B).
Is there any additional information or materials that the Planning and
Environmental Commission finds is necessary to be submitted for review and
consideration prior to acting upon the applicant's requests?
Proposed Deviations
Staff has completed a preliminary review of the proposed site plan. The proposed
deviations from the requirements of the High Density Multiple-Family (HDMF) District
are as follows:
r A deviation from the density requirements of the HDMF district, including:
1 . A reduction number ot dwelling unifs (from 28 to 19), but still an
overage of seven dwelling units on site;
2. An increase in the amount of Gross Residential Floor Area (GRFA) to
nearly double the amount allotted to a lot of this size.o Deviations of between 7.5 and 16 feet from the front, side and
and,
A deviation from the amount of allowable site coverage by 13o/o.
Based upon staffs review of the proposed plans, we believe that the Planning and
Environmental should consider the proposed deviations from the density regulations
based on the following objective and policy stated within the Vail Village Master Plan:
2.3 Obiective: lncrease the number of reisidential units available for shoft term
overnight accommodations. zb wru
2.3.1 Po!!SSt: The development of shoft term accommodation unifs is strongly
encouraged. Residential units that are developed above existing density levels are
required to be designed or managed in a mannerthat makes them available for short
term overnight rental.
Regarding the proposed deviations, Staff believes that changes may be needed to
the proposed setbacks in ordei to ensure compliance with the prescribed
regulations. For example, the proposed firct level at the east side encroaches
rearsetbacks; b,\fld
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considerably (16') into the existing setback. The building's proximity to Riva Ridge
South Condominiums may necessitate redesign or a change in the proposed location
of the building upon the site. The eventual redesign of the Riva Ridge South
Condominiums should also receive consideration as the setback deviations are
deciphered. Any design changes directed by the Planning and Environmental
Commission should take into consideration the prescribed setback criteria, the
revised sun/shade study, and adjacent land uses.
Regarding site coverage, Staff believes that the Planning and Environmental
Commission must weigh the intent of the following definition for site coverage as
specified in Title 12: Zoning Regulations, VailTown Code:
"The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. For the purposes of this definition,
"building area of a site' shall mean that portion of a site occupied by
any building, carport, porte cochere, arcade, and covered or roofed
walkway constructed at, below, or above grade as measured from the
exterior face of the sheathing of the perimeter walls or supporting
columns" (Section I 2-2-2: Definitions).
The applicant's proposal will nearly comply with the above-grade site coverage
regulation by using 567o (11,890 sq.ft.) of the 55% allowable site coverage.
However, the parking structure beneath will extend beyond the building footprint and
site coverage regulation and is proposed to cover approximately 670/o (14,073 square
feet) of the site area, exceeding the allowable by 'l3o/o.
Does the Planning and Environmental Commission believe that changes
should be considered to the proposed density, setback, or site coverage
deviations from the regulations specified within the High Density Muftiple
Family zone district" the need for compliance with the various master plan
documents, and the physical parameters of the site? If so, what changes are
suggested?
Sun/Shade Analvsis and Massino Model
The presence of sun and shade contributes significantly to the quality of the
environment for the pedestrian, the driver, and others enjoying the outdoors. The
importance of sun/shade is well documented in the Vail Village Master Plan.
According to a portion of Section I of the Vail Village Urban design Considerations,
"all new or expanded buildings should not substantially increase the spring and fall
shadow paftern (March 21 through September 23) on adjacent propefties of the
public right of way".
Given the criteria established for the review of projecb and evaluating their
impacts on sunlshade and the criteria estaDlished for building massing, are
there any steps that the Planning and Environmental Commission might
suggest at this time for the applicant to pursue in r*ponding to building mass
concerns?
Proposed Public Benefits
Pursuant to Section 12-9A-1, Purpose, in part, of the Vail Town Code,
"The purpose of the Special Development District is to encourage flexibility and
creativity in the development of land in order to promote rfs most appropriate use; to
improve the design character and quality of the new development with the Town; to
facilitate the adequate and economical provision of sfreefs and utilities; to preserye
the natural and scenic features of open space areas,' and to further the overall goals
of the community as staled in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with the
propefty's underlying zone district, shall establish the requirements for guiding
development and uses of propefty included in the Special Development District. The
Specla/ Development District does not apply to and is not available in the following
zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The
elements of the development plan shall be as outlined in Section 12-9A-6 of this
Article."
Furthermore, Sections 12-9A-8, Design Criteria, and 12-9A-9, Development
Standards, of the Vail Town Code, states, in part:
"lt shall be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with the development standards and design
criteia, or demonstrate that one or more of them is not applicable, or that a practical
solution consrsfenf with the public interest has been achieved.
Development standards including lot area, site dimensions, sefbacks, height, denstty
control, site covercge, landscaping and pa*ing shall be determined by the Town
Council as paft of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse er7ecls of such deviation. This determination is to be made
based on evaluation of the proposed special development dlsfnbf's compliance with
the design criteria outlined in Section 12-9A-B of this Article."
The applicant has proposed deviations to the number of dwelling units and GRFA
upon the site, the required setbacks of twenty feet (20') on all sides of the building,
and the required site coverage maximum of 55o/o of the total site area. Prior to the
request for deviations from the development standards, the Commission and Council
must make a finding that the said deviations provide benefits to the Town which
outweigh the adverce effects of such deviations. Staff recommends that the
applicant and Commission discuss the magnitude of the requested deMations and
the public benefits that the applicant is proposing. Historically, the Town has
recognized such benefits as off-site streetscape improvements, heated surfaces,
landscaping, employee housing, public art donations, and other similar items.
Currently, the applicant is proposing the following items as public benefits of the
project:
1. Allowing the existing Willows Condominiums owners to maintain ownership of a
revitalized Vail propefty.
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2. The provision of one 600 square foot Type lll Employee Housing Unit within the
Village.
3. Upgraded slreefscape improvements extending the length of Wllow Road, which
includes a secfion of asphalt for automobile traffic and an eight foot wide
pedestrian walkway with paver treatments.
4. The provision of a new high quatity fractional ownership opportunity within the
Village, contributing to the Town's goal of providing increased numbers of "hot
beds".
Vilhat additional information may the Commission need to respond to the
guesfions of adverse effects yensus public benefib?
IX. APPLICABLE MASTER PLAN SECTIONS
VAIL VILLAGE MASTER PLAN
GOAL#1 ENCOURAGE HIGH QUALITY, REDWELOPMENT WHILE PRESERWNG
UN'QUE ARCHITECTURAT SCALE OF THE WLLAGE IN ORDER TO
SUSIA"V'TS SE'VSE OF COMMUNITY AND IDENTITY.
1.2 Obiective:
Encourage the upgrading and redevelopment of residential and
com m erci al faci I itie s.
1.2.1 Policv:
Additional development may be allowed as identffied by the Action
Plan and as rc consstent with the Vail Village Master Plan and Urban
Design Guide Plan.
1.3 Obiective:
Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the
town.
1.3.1 Policv:
Public improvements shall be developed with the pafticipation of
the private sector working with the Town.
2.3 Obiective:
lncrease the number of residential units available for shoft term
ove rn ig ht accom m od ati o n s.
2.3.1 Policv:
The development of short term accommodation units is strongly
encouraged. Residential units that are developed above existing
density levels are required to be designed or managed in a manner
that makes them available for short term overnight rental.
2.5 Obiective:
Encourage the continued. upgrading, renovation and maintenance of
existing lodging and commercial facilities to befter serue the needs of our
guesfs.
2.5.1 Policv:
Recreation amenities, common areas, meeting facilities and other
amenities shall be preserued and enhanced as a paft of any
redevelopment of lodging properties.
2.6 Obi*'tive:
Encourcge the development of affordable housing units thtough the
efforts of the pivate secfor.
2.6.1 Policv:
Employee housing; units may be required as part of any new or
redevelopment project requesting density over that allowed by
existing zoning.
2.6.2 Policv:
Employee housing, shall be developed with appropriate restrictions so
as fo r'hsure their availability and affordability to the local work force.
2.6.3 Policv:
The Town of Vail may facilitate in the development of atrordable
housing by providing limited assrsfance.
WILLOW CIRCLE SUB.AREA (#2)
Although immediately adjacent to the mixed use developments found in the Commercial
Core and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively
residential character. Condominium developments have occurred on all but one of the sub-
area's parcels and many of these properties are actively "short-termed" to overnight guesfs.
ln most cases, parking has been provided in underground structures. This design feature,
coupled with the Town-owned open space (Willow Circle Park), contibutes to the pleasing
appearance of this area.
ln most cases, fhe levels of development throughout this sub-area greatly exceed what is
allowed under existing zoning (High Density Multi-Fanily). Gross resrdential floor area
ratios (GRFAR) range from .6to 1.3, with an average of 1.01. With the exception of one
parcel, all properties within this sub-area are, developed at, or over, their permifted levels of
development. As such there is liftle development potential Ieft in this sub-area.
Residential uses dominate this sub-area and are proposed to continue with the exception of
one potential commercial space at the east end of the sub-area facing Willow Bridge Road.
This concept is drscussed fufther under SuEArea 2.2.
URBAN DESIGN GUIDE PLAN
E. STREET EDGE
Buildings in the Village Core should form a drong but inegular edge to the street.
Unlike many Ameican towns, there are no standard setback requirements for buildings in Vail
Village. Consisfenf with the desire for intimate pedestrian scale, placement of portions of a
building at or near the propefty line is allowed and encouraged to give strong definition to the
pedestian sfieets.
Ihis is nof to imply continuous building frontage along the propefty line. A strong sfreef edge ls
important for continuity, but peffectly aligned facades over too long a distance tends to be
monotonous. With only a few exceptions in the Village, slightly inegular facade lines, building
jogs, and landscape areas, give life to the street and visual interest for pedestian travel.
Where buildings jog to create activity pockets, other elements can be used to continue the street
edge:
- low planterwalls
- arcades
- tree planting
- raised decks
- raised sidewalks
- texturc changes
in ground surtace
I. SUN/S'IADE
Due to Vail's alpine climate, sun is an impoftant comfort factor, especially in winter, fall and
spring. Shade areas have ambient temperatures substantially below those of adjacent direct
sunlit areas. On all but the warmest of summer days shade can easily lower temperatures
below comfoftable levels and thereby negatively impact uses of fhose areas.
All new or expanded buildings should not substantially increase the spring and fall shadow
pattem (March 2l through September 23) on adjacent propefties or the public R.O.W.
ln all building construction, shade shall be considered in massing and overcll height
consideration. Notwithstanding, sunlshade considerations are not intended to restrict building
height allowances, but rather to lnfluence the massing of buildings. limited height exceptions
may be granted to meet this criteria.
Additions to existing buildings may be created ln several ways to avoid extending shadow
pattems.
ARCH ITECru RHLAN D SCAP E CO N SIDERA7IO'VS
ROOFS
Where visible, roofs are often one of the most dominant architectural elements in any buift
environment. ln the Village roof form, color and brture are visibly dominant, and generally
consrsfenf, which tends to unify the building diversity to a great degree. The curent expression,
and objective, for roofs in the Village is to form a consistently unifying backdrop for the
architecture and pedestrian streetscape, and to avoid roofs, which tend to stand out individually
or distrac't visually from the overall character.
Roof Forms
Roofs within the Village are typically gable in form and of moderate-to-low pitch. Shed roofs are
frequently used for small additions to larger buildings. Freestanding shed roofs, bufterfly roofs
and flat roofs can be found in the Village but they are-generally considered to be out of
character and inappropiate. Hip roofs likewise are rare and generally inconsistent with the
character of the Core Area. Towers are exceptions, in both fonn and pitch, to the general,
criteria, but do have an established localvemacular style, which should be respected.
Pitch
Roof s/opes in the Village typically range from 3/12 to il12, with slightly steeper pitches in
fimrted applications Again, for yisual consrstency this general 3/12-6/12 range should be
preserued. (See Consfruction below)
Overhangs
Generous roof overhangs are also an established architedural feature in the Village - a
traditional expression of shelter in alpine environments. Roof overhangs typically range from 3
to 6 feet on all edges. Specrfc desrgn consideration should be given to protection of pedestrian
ways adjacent to buildings. Tee falls, snow s/rdes, and runoff hazards can be reduced by roof
orientation, gufters, arcades, etc.
Overhang details are treated with varying degrees of omamentation. Structural elements such
as roof beams are expressed beneath the overhangs, simply or decoratively carued. The roof
fascia is thick and wide, giving a substantial edge to the roof.
Compositions
The intricate roofscape of the Village as a whole is the result of many individual simple roof
configurations. For any single building, a varied but simple composition of roof p/anes rs
preferred to either a single or a complex anangement of many roofs. As individual roofs
become more complex, the roof attracts visual attention away from the sfreefscape and the total
roofscape tend toward "busyness" rather than a backdrop composition.
SfeppedRoofs
As buildings are stepped to reflect existing grade changes, resulting roof sfeps should be made
where the height change will be visually significant. Variations which are too subtle appear to be
more stylistic than functional, and out of character with the more straightforuard roof design
typical in the Village.
Materials
Wood-shakes, wood shingles, and built-up tow and gravel are almost exclusively used as roof
materials in the Village. (See Construction below.) For visual consistency, any other materials
should have the appearance of the above.
Construction
Common roof problems and design con-siderations in fhis climate include:
- snows/rdes onto pedestrian walks - gufters freezing
- roof dams and water infiltration - heavy snow loads
Careful attention to these functional details is recommended, as well as familiarity with the local
building code, proven construction details, and town ordinances.
For built-up roofs, pitches of 4/12 or steeper do not hold gravel well. For shingle roofs, pitches
of 4/12 or shallower often result in ice dams and backflow leakage underthe shrng/es.
Cold-roof construction is strongly prefened, unless warm-roof benefits for a speciftc application
can be demonstrated.
Cold-roofs are double roofs, which insulate and prevent snowmelt ftom intemal building heat.
By retaining snow on the raf, many of the problems listed can be reduced. Peiodic snow
removal will be required and should be anticipated in the design.
Roof gutters tend to ice-in completely and become ineffective in the Vail climate, especially in
shaded north side locations. Heating the interior circumference with heat-tape elements or
other devices is generally necessary to assure adequate runoff control in colder months.
FACADES
Matertals
Stucco, bick, wood (and glass) are the primary building materials found in the Village. While
not wishing to restrict design freedom over-much, existing conditions show that within this small
range of materials-much variation and individualiU are possible while preseruing a basic
harmony. Too many diverse materials weaken the continuity and repetition, which unifies the
sfreefscape.
Of the above materials, stucco ls the most consistently used material. Most of the buildings in
the Village exhibit sorne sfucco, and there are virtually no areas where stucco is .entirely
absent. lt is intended to preserue the dominance of stucco-by rfs-use in portions, at least, of all
new facades, and by assuring that other materials are not used to the exclusion of stucco in any
sub-area within the Village.
Color
The intent of these regulations regarding color shall be to provide greater latitude in the use of
color in Vail Village in order to create visual interest and to enliven the arca. Colors used should
retain a discernible consistency within a general range of colors relating well to the colors found
in the sunounding mountain backdrop of Vail, but need not be specifically found in that
environment.
All colors used shall relate to the colors of the natural materials found on the buildings like wood
fones, s/afe roof colors, stone colors and the like. Additionally all building colors shallworkwith
the colors of the buildings in proximity as wel/ as with all natural landscape materials found
nearby.
While there is no resticlion per se on specific hues, primary colors of high chroma shall not be
used on building sudaces but can be used in a limited fashion for accents. Body colors, both
siding and stucco, shall be ich and lively but must be /ess chromatic shadeg which relate to
natural colors and can be either light or dart. Ail stucco shall have a flat finish.
Generally, to avoid both "busyness', and weak visual interest, the variety of major wall colors
(and materials - excluding g/ass) shou/d not exceed four nor be less than two.
A color/material change between the ground floor and the upper floors ls a common and
effective reinforcement of the pedestrian sca/e of the sfreef.
High chroma colors can be used for signage, accentq doors, canopies, wall graphics and other
similar elements as long as they do not dominate either the building they are used on, the
adjacent buildings, or the slreelscape (see E. Accent Elements).
The color schemes for all propefties shall be considered on a case-by-case basr.s.
Transparency
Pedestrian sca/e is created in many ways, but a major factor is the openness, attractiveness,
and generally public character of the grpund floor facade of adjacent buildings. Transparent
store fronts are 'people attractors', opague or solid walls are more private, imply "do not
approach'.
On pedestrianoiented sfreefs such as in the Village, ground floor commercial facades are
proportionately more transparent than upper floors. Upper floors are Upically more residential,
private and thus /ess open.
As a measure of transparency, the most characterislic and successful ground floor facades
range from 55% to 70% of the total length of the commercial facade. Upper floors are often the
co nverse 30%- 4 5% trans pa rent.
WINDOWS
ln addition to the genenl degree of transparency, window details are an impoftant source of
pedestrian scalegiving elements.
The size and shape ofwindows are often a response tothe function ofthe street adjacent. For
close-up, casual pedestrian viewing windows are typically sized to human-sized dimensions and
characteristics of human vision. (Large glass-wall storefronts suggesf unintemtpted viewing, as
from a moving car. The sense of intimate pedestian scale is diminished.) Ground floor display
windows are typically raised slightly 18 feet f and do not ertend much over I feet above the
wall<way level. Ground floors which are noticeably above or below grade are exceptions.
The articulation of the window [se/f is still another element in giving pedestrian scale (human-
related dimensions). G/ass areas are usually subdivided fo express individual window elements
- and are fufther subdivided by mullions into small panes - which is responsible for much of the
old-world charm of the Village.
Similarly, windows are most often clustered in banks, juxtaposed with plain wall suffaces to give
a pleasing rhythm. Horizontal repetition of single window elements, especially over long
disfances, should be avoided.
Large single pane windows occur in the Village, and provide some contrast, as long as they are
generally consisfenf rn form with other windows. Long continuous g/ass is out of character.
Bay, bow and box windows are common window details, which further variety and massing to
facades - and are encouraged.
Reflective g/asg p/astic panes, and aluminum or other metal frames are not consistent in the
Village and should be avoided. Metal-clad or plastic clad wood frames,. having the appearance
of painted wood have been used successfully and are acceptable.
DOORS
Like windows, doors are impoftant to character and scale-giving architectural elements. They
should a/so be somewhat transparent (on retail commercial facades) and consistent in detailing
with windows and otherfacade elements.
Doors with glass contribute to overall facade transparency. Due to the visibility of people and
merchandise inside, windowed doors are somewhat more effective in drawing people inside to
retail commercial facades. Although great variations exisf, 25-30% 1 transparency is feft to be a
minimum tnnsparency objective. Private resldences, lodges, restaurants, and other non-retail
establishments have different visibility and character needs, and doors should be designed
accordingly. Sidelight windows are also a means of introducing door transparency as a
complement or substitute for dool windows.
Articulated doors have the decorative quality desired for Vail. Flush doors, light aluminum
frames, plastic appliqu6 elements all are considered inappropriate.
NOTE: Security is an important design consideration in Vail. Deadboft locks are encouraged.
Locks, door handles and glass should all be designed to discourage break-ins.
Security-design drbcussions with the Town police staff are encouraged.
As an expressrbn of entry, and sheltered welcome, protected entryways are encouraged.
Doorways may be recesse4 extended, or covered.
TRIM
Prominent wood trim rc a/so a unifying feature in the Village. Pafticularly at ground floor levels,
doors and windows have strop , contrasting
(see Color-Facades) framing elements, which tie the various elements together in one
composition. Windows and doors are treated as sfrong visual features. G/ass-wa// detailing for
either is typically avoided.
.DECKS AND PATIOS
Dining decks and patios, when properly designed and sited, bring people fo fhe slreefg
opportunities to look and be looked at, and generally contribute to the liveliness of a busy street,
making a richer pedestian experience than ff those sfreefs were empty.
A review of successfu/ decks/patios in Vail reveals several common characteristics:
- direct sunlight from 1 1:00 - 3:00 increases use by many daydyear and proteds from wind
- elevated feet to give views into the pedestrian walk (and not the reverse)
- physical separation from pedestrian walk of to (planter better than a wall) overhang gives
pedestian scale/ shelter.
Decks and patios should be sited and designed with due consideration to:
- sun - views
- wind - pedestrian activity
BALCONIES
Balconies occur on almost all buildings in the Village which have at least a second levelfacade
wall. As strong repetitive features they:
- give scale to buildings
- give life to the street (when used)
- add variety to building forms
- provide shelter to pathways below.
The prominence of balcony forms is due to sevenl fairly common charaderistics:
Color
They contrast in color (dark) with the building, typically matching the trim colors (see Facade-
Color).
Size
They ertend far enough from the building fo casl .a prominent shadow paftern. Balconies in
Vail are functional as well as decorative. As such, they should be of useable size and located to
encourE ge use. Balconies /ess than six feet deep are seldom used, nor are those always in
shade, not oriented to views or street life.
ftfass
They are commonly massive yet semi-transparent, distinctive from the building, yet allowing the
building to be somewhat visible behind. Solid balconies are found occasbnally, and tend to be
too dominant obscuing the building architecture. Light balconies lack the visual impact which
ties the Village together.
Materials
Wood balconies are by far the most common. Veftical structural members are the most
dominant visually, often decoratively sculpted. Decorative wrought iron balconies are a/so
consisfenf visually where the vertical members are close enough to create semi-transparency.
Pipe rails, and plastic, canvas or g/ass panels should be avoided.
Construction
Cantilevered beams, beams extended to suppori the balcony, are most often visibly exposed on
the underside of balconies. As such they are an expression of structure and tie the balconies to
the building visually.
ACCENT ELEMENTS
The life and festive quality of the Village is given by judicious use of accent elements which give
color, movement and contrasl fo fhe Village.
O Colorful accent elementsconsisfent with existing character are encouraged,such as;
Awnings and canopies - canvas, bright color or sfnipes of two colors.
Flags, bannerc - hanging from buildings, poles, and even across sfreels for special occasions.
Umbrellas - over tables on outdoor patios.
Annual color flowers - in beds or in planters.
Accent lighting - buildings, plazas, windows, trees (even Christmas lights allwinter).
Painted wall graphics - coafs of arms, symbols, accent compositions, etc.
Fountains - sculptural, with both winter and summer character.
LANDSCAPE ELEMENTS
Landscape considerations include, but go beyond, the placement of appropriate plant materials.
Land scape considerations include :
- plant materials
- Paving
- retaining walls
- street furniture (benches, kiosks, trash, etc.)
- lighting
- signage
Plant Materials
Oppoftunities for planting are not extensive in the Village, which places a premium on the plant
selection and design of the s/es that do exist. Fmmework planting of trees and shrubs should
include both deciduous and evergreen species for year round continuity and intered.
Native plants are somewhat limited in variety, but are clearly best able to withsland the harsh
winter climate, and to tie the Village visually with its mountain setting.
Some typical local plant materials include:
Irees
WillowNanowJeafcoftonwood Dogwood
Balsam poplar SeruiceberryAspen Alpine currant
Lodgepole pine Chokecherry
Colorado spruce Mugho pine
Subalpine fir Potentilla
Buffaloberry
Shrubs
Pavino
The freeze/thaw cycle at this altitude viftually eliminates common srfe-casf concrete as a paving
surtace (concrete spall). High-strength concrete may wo* in selected conditions. Asphaft brick
. (on concrete or on sand), and concrete block appear fo be besf surfed to the area.
ln general, paving trcatments should be coordinated with that of the public R.O.W: adjacent.
The Town uses fhe following materials for all new anstruction:
- asphalt - general use pedestnbn streels
- brick on concrete - feature areas (plazas, intersections, fountains, etc)
Retaininq Walls
Retaining walls to raise planting area ofren protects the landscape from pedestrians and
snowplows, and should provide seating opportunities.
Two types of material are already well established in the Village and should be utilized for
continuity.
- split-face moss rock veneer - Village Core pedestrian sfreets (typical)
- rounded cobble hidden moftar - in open space areas if above type not already established
nearby. (example: Town of Vail entrywall)
Wood retaining walls'arc strongly discouraged due to deterioration caused by the harsh climate.
They may be effectively used with appropriate detailing lo resisf rot and express crafted joint
conditions.
Liqhtinq
Light standards should be coordinated with those used by the Town in the public R.O.W.
Sionaoe
Refer to Town of Vail Signage Ordinance.
Cobrtd annuals are used in key locations throughout the Village to accent pedestrian areas,
highlight building entries, and as plaza focii. These color accents can be provided in:
- retained planting beds
- flower boxes
- hanging pots, baskefs
- ground beds
X. CRITERIA AND FINDINGS
The following section of this memorandum is included to provide the applicant,
community, staff, and Commission with an advanced understanding of the criteria and
findings that will be used by the reviewing boards in making a final decision on the
proposed applications.
Gonditional Use Permit Griteria and Findings (for timeshare estate units, fractional
fee units, and timeshare license units)
A. Consideration of Factors Reqardino Conditional Use Permits:
1. Relationship and impact of the use on 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.
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.
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 sunounding uses.
B. The Planninq and Environmental Commission shall make the followinq
findinqs before orantino a conditional use oermit:
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 Public Accommodation 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.
Special Development District Design Griteria
1 2-9A-8: DES/GN CRITERIA:
The following design criteria shall be used as the principal citeria in evaluating
the merits of the proposed special development district. lt shall be the burden of
the applicant to demonstrate that submittal material and the poposed
development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution constsfenf
with the public interest has been achieved:
A. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent propefties relative to
architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and oientation.B. Relationship: Useg activity and density which provide a
compatible, etricient and workable relationship with sunounding
uses and activity.C. Parking And Loading: Compliance with parking and loading
requirements as outlined in Chapter 10 of this Title.D. Compehensive Plan: Conformity with applicable elements of the
Vail Comprehensive Plan, Town policies and urban design plans.
E. Natural And/Or Geologic Hazard: ldentification and mitigation of
natural and/or geologic hazards that affect the propefty on which
the special development district is proposed.
F. Design Features: Site plan, building design and location and open
space provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.G. Traffic: A circulation syslem designed for both vehicles and
pedestrians addresslhg on and off-site traffic circulation.H. Landscaping: Functional and aesthetic landscaping and open
space in order to optimize and preserue natural features,
recreation, views and function.L Wo*able Plan: Phasing plan or subdivision plan that will maintain
a workable, functional and efficient relationship throughout the
development of the special development district.
XI. STAFF RECOMMENDATION
As this is a worksession, stafi will not be providing a stiaff recommendation at this time.
Staff will provide a staff recommendation at the time of a final review of this application.
Staff is simply recommending the following as outcomes from today's discussion, as
previously stated in Section l, Summary:
. Clear direction to the applicant regarding all aspects of the proposal, particularly
the proposed deviations and mitigating factors;r Information for the public regarding the application;. Overall direction for Staff as review of the proposal continues;. An opportunity for the Commission to identify issues for review at future
meetings.
Staff proposes the following next steps as review of the proposal progresses:
r Completion by applicant of requested elements of the application, as outlined in
Section Vlll of the memorandumr Continued review by Staff. \Ur Conceptual and final reviews by the Design Review Board on October l, 2006
and November 1,2006.o Return to the Planning and Environmental Commission for final review and
recommendation to Town Council on October 9, 2006 or November 6, 2006.r First reading by Town Council on November 21,2006.r Second reading by Town Council on December 5, 2006.
XI. ATTACHMENTS
A. Vicinity Map
B. Public Works letterfrom Tom Kassmel dated September 12,2006
C. Letter of Concern from Art Abplanalp dated September 14, 2006
D. Adjacent Property Owner Mailing List.
E. Proposed Elevations and Floor Plans
Attachment: A
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Attachment: B
Department of Public llorks & Transportation
1309 Elkhorn Drive
Vail, CO 81657
970-479-21 58
Fax: 970-479-2166
www.vailgov.com
MEMO
To:
From:
Re:
Date:
Elisabeth Reed
Tom Kassmel, Town Engineer
Willows Redevelopment PEC Review
09/12/06
o'
The Town of Vail Public Works Departrnent has received the Planning and Environmental Commissron
submittal plan set datd8l28l06 for the Willows Redevelopment. Based on our review the following
comments will be required to be resolved prior to approval.
Comments
The Porte Cochere area does not meet current town standards. TOV standards requires a minimum
entrance angle of 70 degrees for 30'. However due to its location on a one way street and the traffic
flows in and out ofthe Porte Cochere area PW can support this variance.
2. Show driveway slopes on Porte Cochere.
3. The first 30'ofthe driveway elrtrance shall not exceed 4Vo. Please show slope.
4. All driveways greater than9%o must be heated. All heat within ROW must be on a seirarate zone and
no heat shall be in the required concrete pan.
5. Show sight distance triangle on Landscape/Site plan.
6. Provide an 8' concrete pan at drive entrances. A 4' pan with a l" invert may be used if it has
adequate drainage capacity.
7. Show top and bottom of all walls.
8. All retaining walls must be a minimum of 2' offadjacent property lines.
9. Minimum two way drive access into parking garage is 22' .
10. Minimum two way garage door access width is 20'.
11. Show snow storage on site.
12. The minimum width of the porte cochere is 12' for one-way access.
13. The developer shall provide a traffic impact study showing any change to PM peak hour tips.
14. The developer has proposed to reconshuct Willow Rd to provide an 8' paver walk and a 12' travel
lane with curb and gutter, similar to Hansen Ranch Rd. and East Gore Creek Drive. Preliminary
design plans should be provided prior to approval. This improvement is in consistent with the intent
of future Streetscape improvernents and is supported by Public Works.
15. Coordinate with AIPP for Public Art contribution.
16. The Developer complies with Public Works General Conditions of Approval. (See attached)
Town of Vail
Public Works
General Conditions of Approval
l. Please add the Town of Vail General Notes to construction plans. (Notes can be e-mailed upon request)
2. Please add Utility Sigrrature block and have all utilities sign acknowledging acceptance of utility design.
3. All construction staging issues shall be resolved prior to construction including staging, phasing, access,
schedules, traffic control, emergency access, etc...
4, A ROWrutiHty permit shall be obtained and approved by the Town of Vail prior to commancing any
construction within public Right of Way.
5. A Town of Vail Revocable'ROW permit shall be recorded for all private propedy improvements located
within public ways.
6. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded
with Eagle County.
7. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including;
excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and
plans shall include all existing conflicts (i.e. utilities).
8. Any excavation shoring methods used that encroach upon adjacent public or private property shall have
approval by the appropriate owner and have a recorded easement prior to construction.
9. A CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to
-.
constuction.
-
10. Provide firll civil construction drawings meeting Town of Vail standards prior to building permit
submittal.