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HomeMy WebLinkAboutVAIL VILLAGE FILING 2 LOT D2 1989 VAIL VALLEY MEDICAL CENTER PARKING AGREEMENT LEGAL\oo r989 210 10640800 1 Vail Village Filing 2 Resubdivision, Lot D Lot D-2 U- s | ilr EY scHULTZ-ARCH rft?-. 141 EAST MEADOW DRIVE vArr. coLoRAo 81657 303/476-7BeO Decenber 26, 1989 REQUEST FOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT VAIL NATIONAL BANK BU]LDING VNB Parcel 1n Septernber of this year, the Department of Cornnunity Develop- nent approved the enclosure of 2I3 square feet of corridor on the third floor of the Vail National Bank Building. VNB Building Corp. is now requesting to enclose both decks on the south side of the building as Phase Two of this project. As the building elevations show, overall height of the building will not be increased by these additions. A11 window and wa11 mater j.a1s will match those that currently exist. The following is a breakdown of the ner.r areas that will be created rqhen construction is cornplete and their parking demand:(.etccc\rlG1..rcc5 213 square f eet {:${5 spaces (.t;) ?t''tur(1 r93rt*\ 422 square f eet Southwest Deck 854 square feet TOTAL NEW AREA 1,48g SQUARE FEET 7.445 SPACES so{ n''' !o\'r\}{'w\'\t Town of Vail statistics dated 24 Apri1, 1989 showed a 0.8 parking surplus. With the addition of the space at the condensing unit the building would have a surplus of 1..8. The total net parking demand created with this proposal is 5.6, or six new spaces. In the agreement between VNB Building Corp. and Vail Val1ey Medical Center, the Vail National Bank Building will have exclusive rights to twelv.e parking spaces in the Hospital's new parking structure. After construction of the additions to the Vail National Bank Building are complete in the summer of 1990, and until the Hospitalrs structure is complete in Novernber of 1-990' addltional parking dernand may be acconrnodated in the Lionts Head parking structure. Corridor Southeast Deck #14 spaces ,."*\ €J-s--E-P-e-es-g t '1'5 / MEMBER, IHE W AMERICAN INSTITUIE OF ARCHITECTS ,\? ' la i rJ Date of onnr?"rron 24 December, 1989 I. DISTRICT DE\TELOPMENT PLAN This procedure is required for any project that wouId go throughthe Special Development District proced,ure. The application will not be accepted until all information is submitted. A. NAME OF APPLICANT VNB Building Corp. ADDRESS 3033 E. i-st Ave. Denver, C0 80206 PHONE 388-4331 APPLICA}IT I S REPRESEITTATIVE Sidney Schultz APPLTCATTON FORM FOR SpEcrAL DEVELoPMENT Nt4l?ryvllr 141 East Meadow Drive Vail PHONE 476-7890 c.AUTHORIZATION OF PROPERTY OWNER SIGNATURE VNB Building Corp ADDRESS 3033 E. Lst Ave Denver, C0 PHONE 388-4331 B.NA}TE OF ADDRESS D.LOCATION ADDRESS OF PROPOSAL 108 S. Frontage Road West A List of the name of owners of Subject property and their niling II. Four (4) copies of the foJ-J-owing information:A, Detailed written,/graphic description of Droposal .,B. An environmental impact report shill-.be submitted to the zoningadrn:inistrator in accordance with Chapter 18.56 hereof unless waived,by Section 18.55.030, exempt projects; C. An open sPace and recreational plan sufficient to meet the demandsgenerated by the development without undue burd.en on availableor proposed public facilities; (0vER) LEGAL DESCRIpTION VNB Parcel FEEE. F.a1I property adjacent to the a.ddresses. - | , Application torlpecial- Development Distrf DevelopmeBt Plan D. Existing contours having contour intervals of not more than fivefeet if the average sJ.ope of the site j-s twenty percent or 1ess,or with contour intervals of not rnore than ten feet if the averageslope of the site is greater than troenty percent. E. A proposed site plan, at a scale not srnaller than one inch equal-sfifty feet, showing the approxj-mate l-ocations and dimensions ofall buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entrj.es, driveways, and off-street parking and loading areas with proposed contoursafter grading and site development; F. A preliminary landscape plan, at a scale not srnaller than one inchequals fifty feet, showing existing landscape features to be retainedor removed, and showing proposed landscaping and landscaped sitedevelopment features. such as outdoor recreational facilities,bicycle paths, trails' pedestrian plazas and walkways, water featuresand other elements; G. Preliminary building elevations, sections, and floor plans, ata scale not smaller t,han one-eighth equals one foot, in sufficient' detail to determine floor area, gross residential floor area, interiocirculation, locations of uses within buildings, and the general scale and appearance of the proposed development. III. Time Requirements The-..Pliuning and Environmental Commri'ssion rneets on the 2nd and 4th Mondays of each month. An application with the necessary accompanyingmaterial- must be submitted four weeks prior to the date of the meating NOTE I It is recommended that before a special developrnent district applicationis subnitted, a review and conment neeting should be set up with theDepartnent of Community Developnent. \ oz t =d, uJo. o (t IJJult! ts =t IJJc RN-SN\h* I I I Ol ,O\@t 6Or. O\ ,--{ I F- lk ^.lo(Jt (J -l tx lFlgDl oHr tA H,< & eiFe rd ;o Fr 8:e H t6ri UJF cI F z =o o22 outFoz o2 6I @€(, =z l.] ltJ uJo =I Eot! 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POWER O ROUGH B COMDUIT r-r , tr FINAL tr tr o FINAL MECHANICAL: tr HEATING tr EXHAUST HOODS O SUPPLY AIR tr FINAL yd4eenoved CORRECTIOITIS: O DISAPPROVED tr REINSPECTION REOUIRED * INSPECTION,TOWN OF REOUEST VAIL oor, \flZb Joe NrAN4e READY FOR LOCATION: THUR FRI Turu PERMIT NUMBER OF PROJECT INSPECTION: BUILDING: D FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEE- O FRAMING r-r ROOF & SHEEF" PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB D SHEETROCK NAIL tr FINAL O FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr FINAL D FINAL APPROYED -r'2'tr DISAPPROVED O REINSPECTION REQUIRED CORRECTIONS: INSPECTOR tffisrop t1> v'"- PERMIT NUMBER OF PROJECT oor, 'f JoB NAME '*"?;':)' r.i"'i, READY FOR LOCATION: INSPECTION REQUEST CALLER /3ob li r) h.t ,.-- T yr*4/ TUES WED AM PM otr 1 J'-o o [, / / / TOWNOFVAILtt / / / JV4, ' t'-// fttt,./.(n"(dz_o,) BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH i D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL O FRAMING r-r ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION D POOL / H. TUB tr SHEETROC^ Y* O FINAL MECHANICAL: tr TEMP. 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E E u,lo.ltoEgE3€u{E '95EE ;=E FE E EEE FT E. E FgJ UJ .D'oF EEN CD c! \.J nJt at,!loazo Fo- IJJY IJJo oF E =tuJ oro-P61i-{o.l9Hlol'lHur9Ezo E =E UJo-zoF C)fE 6zoo @ FINAL INSPECTION'S COMPLETED The belor items need togivingapermitafinal Please check off Jn the be compl ete beforeCof0. box provided. FINAL PLUMBING FINAL ELECTRICAL FINAL BUILDING TEMPORARY C of O CERTIFICATE OF OCCUPANCY ./, 1 /t '-,,4 '/ IJ \' lt <-)/| PERMIT NUMBER OF PROJECT - INSPECTION REQUEST TOWN OF VAIL DATE READY FOR LOCATION: JOB NAME CALLER INSPECTION: MON TUES WED ,.THUR2 r c/ '--r-'/ +u ,t/con -,?Ot BUILDING: tr FOOTINGS / STEEL PLUMBING: tr FOUNDATION / STEEL tr UNDERGROUND D ROUGH / D.W.V. E ROUGH / WATERD FRAMING tr tr ROOF & SHEER PLYWOOD NAILING O GAS PIPING INSULATION O POOL / H. TUB D SHEETROCK NAIL tr tr tr tr FINAL tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: tr HEATING [4oro"O EXHAUST HOODS tr CONDUIT tr_ tr SUPPLY AIR E O FINAL tr FINAL APPROVED CORRECTIONS: tr DISAPPROVED N REINSPECTION REQUIRED nlftso,or oo-= /2-/- /7 rNSPEcroR sr tGY scHULz-ARCH rilC,*. Wr,/r Si9r,epre1y, (-JtA 4U Sidney Schultz, AIA Novernber 14, 1989 MR. PETER PATTEN 0ffice of Conmunity Development 75 S. Frontage RoadVail, C0 81657 re: Vail- National- Bank Building North Parking Dear Peter: As per your request, the three large cottonwood trees north of the Vail National Bank Building will remain in their present Location and parking will be located around them. I want to nake sure that you and your staff understand that by preserving these trees the building will have one less parkine space than whqt wqs approved.by thq Town. As I understand it, the original conditlon ffi survival be guaranteed for two years wiLl also be lifted V DRIVE 81657 E.B. Chester MEMEER THE AN4ERICAN INSTITLITE OF ANCHIECTS t APPLICATION DATE:6ltr{ & DATE OF DRB APPLICATION *****THIS APPLICATION I.IILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBI4ITTED***** I. PRE-APPLICATION MEETING: A pre-application meeting with a planning staff member is strongly suggested to determine if any additiona'l information is needed. No application wil'l be accepted unless it is complete (must include all items required by the zoning administrator).It is the applicant's responsibility to make an appointment with the staff to find out about additional submittal requirements. Please note that a C0MPLETE applica- tion wil'l streamljne the approval process for your project by decreasing the number of conditions of approval that the DRB may stipulate. ALL conditions of approval must be resolved before a bui'lding permit is issued. A. PROJECT DESCRIPTION:.v%snNa blUttoo"rS DRB }IEEiiNG: -) 4,. 'u B. LOCATION OF Address muOe%rve Bl ockLotLegal Zoning Descri pti on *r2 Firinq ySr@aAv terephone &t[7Zt tel ephone C. NME OF APPLICANT: Address D. NAME OF Address E. NAME OF OWNERS:NA APPLICANT'S REPRESENTATIVE : f+l v tvlearx.- gRrv'e F. Si gnature Address DRB FEE: The fee will VALUATION L+r be paid at the time a building ':FEE telephone %A-+971 permit is requested. $ o-$ lo,ooo $10,001 -$ 50,000. $50,001 -$ 150,000' $150,001 - $ ,500,000 $500,001 - $1,000,000$ 0ver $1,000,000 $ 10.00 $ 25.00 $ 50.00 $100 . oo' $2oo.oo $300 .00 IMPORTANT NOTICT REGARDING ALL'SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requirements, the applicant must stake the site to indicate property lines and building corners. Trees that will be removed should also be inart<ed. This work must be completed before the DRB visits the si te. 2. The review process for NEW BUILDINGS will normally involve two separate meetings of the Desiln Review Board, so plan on at least two meetings for their approval . 3. people who fai'l to appear before the Design Review Board at their scheduled- meeting and who have'hot asked for a postponement will be required to be republ i shed. : :. -. .-.l:--:r-.1^I:-^ I i( Project Application I ,'t L ,,i !J,, ; Lj, j,-,q/f 7[, lr,1, ir-r -). tL l(Pro,ect Name: -.Q- t! ; 1- Project Description: Contact Person and -,)Y-Owner. Address and Phone: .ic>33 a-- t)i / );, t.1.-2r.,.=, Archilect, Address and Phone: Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAL Summary: '1 ..-\l' /--' f //. , //'-, \ ul i !,*/ \-/ / \v/ J L' !r i! - Town Planner / , .-t, I r- / , 4n^t^. l'/ +7 /A I }t"t Approval 141 EAST MEADOW DRIVE vArL. coLoRAo 81657 3O3/476-78W 0ctober 10, 1989 MR. I.{IKE MOLLICA Town of Va1l Connunlty Developnent Depar tmen t 75 South Frontage RoadVal1, C0 81657 Dear Mlke' '- ".rr,As you may recall r some time ago I indefinitely tabled the Deslgn Revlen Board hearing for the proposed new slgnage for FlrstNatlonal Bank of ValL. At this tine I wlsh to forrnally wlthdrawthat propoeal on behal.f of my cllent. Please tranefer the $20.00 sign appl.ication fee to a new slgnapplicatlon for a "Plus Systen'r slgn on the north slde of theVal1 National Bank. I have discussed this applicatlon uith Betsy and she has alL the pertinent. information regardlng thls slgn. If you have any queetions regarding t,hese natters please give mea call. Sincerely, J ' L/ )' "'/ Pu l',"\n L' lr" 7al4i1u" J()/(n7L rctia,,i'/ ' .''rt-'^"(7v'- t'u tur"'Lt* srfi rv scHULTZ-ARCH llar,,. Sidney Schultz MEt\rBEn. THE AMEQICAJ NSIIUIE OF AI€HI1ECIS TO: FROM: DATEs SU&'ECT3 oo Planning irnd Environmental Connission Comnunity Development Department September 26, 1989 Staff approval of a minor DeveJ.opnent District for23, at 108 South FrontageApplicant: Vail National oo amendnent to the Specialthe Vail Natlonal Bank Building No. Road West. Bank Building Corporation The purpose of this merno is to inforrn the Planning and Environmental Cornrnission of the minor arnendment approval which is requlred by theSpecial Development District OrdLnance. The VaiI National BankBuilding Corporatlon, has requested to add 218 square feet of office space to ttre existing Vall National Bank Building. This space is located on the third floor on the southwest corner of the building. The buil-ding addition is entirely within the interior of the building.Basically, a corridor is being converted to office space. The new office space generates a parking reguirenent of .872 spaces or one ner,r space. In the Planning and Environmental Commission memo concerning the VaiI National Eank Buitding, date April 24' 1989, the vaiL National Bank Building has the following parking requirements: Parking required for existing building Parking requlred for proposed expansionTotal spaces reguiredTotal spaces proposed 87 spaces The applicant proposes to locate a nerr/ space in the location of an existing condensing unit on the southeast corner of the site. The parking space will be established prior to construction of the office space. The existing offlce building has a total square footage of L9,976 square feet. The nel,r expansion under constructlon called for an aaaitionaL L,74o square feet. A ninor amendment nay alJ'ow.99T an increase of up to SU of the total square footage of the building. 52 of 2Lr?16 sguire feet is 1rOg5.08 square feet. The addition falls within the allowable amount for a ninor arnendment. The staff considers this reguest to be a minor anendnent' as it does not change the basic intent and character of the approved Special Developm6nt District. In addition, the srnaLl expansion has no inpact' on the'exterior appearance of the buildtng. The ninor amendment is considered to be L-change to gross floor area of not more than 5t. F-or these reasons, staff has recomnended approval of the minor amendment' "l' 'r"'I D\-' lool ication Number SIGN APPLICATION Dd AoQcf) ee lL*'-t Fee Paid Name of Project Name or person sia*:tt:nW vnone 41b-7&a Location or project VAtt- irltvt$fM- gA K arg Description of Project The fol lowing' to the Design Sign submittal infornation is required for Review Board before a final fee is $20"00. submittal by the applica.nt approva'l can be given. I-I II ,n i rlB. Description of sisn aee NteU+@- c. size or sisn 4t-b X 2t'e2 * 4 6il$N&t- lfu' Length of Frontaoe (Ft. ) 116' U4 -l'Ah tu vt-{_e.a , D. E.Corments Material 2. Drawings sfi6friif-Ex'act'location3. Photogiaphs showing proposed IocaTlon]4. Actual siqn5. Colored sialE?FE-ding- _6. Photograph of sign Approved for DRB Submittal MATERIALS SUBMITTED WITH APPLICATION 1. Site Plan Dibapproved for DRB Submitta'i] SIgn TdmI ni-lrator Ea 0) e e(t _a -Tx E6 I I EEIE}F tsi5!ltr lcg$l Io2 tl, ;"3 lr\"' i ,!i !r';llE5 il lll il liilfilrilll'iliirrrrdr.* iilliiiliiiii.tadd o fl q IE6 fl E E 9 8 6 q 6 ', ',, Q. I u,r,itg I1- "Dlt--t v 0 6IIt i+t ,i I 7L1op23 Azw4tS o 75 south trontage road Yail, colorado 81657 (303) 4792138 (3(B) 4792139 September 19, 1989 olfice ot community development Ms. Gail Wahrlich-Lowenthal Land Title P.O. Box 357Vail, Colorado 8l-558 Re: Vail National Bank office expansion Dear Gail, Sid Schultz has explained to me that you would Iike a letter from thestaff stating our opinion on the possible expansion of the southwestoffice space on the third floor of the Vail National Bank Building. Inorder to add this sguare footage, you would need to amend the existingSpecial Development District. Depending on the amount of squarefootage you wish to add, the expansion would either be a ninor amendment which requires only Planning commission approval, or a rnajor arnendrnent which reguires Planning Commission and Town Council approval .A minor amendment is defined as rr...changes to gross floor area(excluding residential uses), of not nore than 5? of the approvedsquare footage of retail, office, common areas, and other non-residential floor area.rr (Town of Vail Zoning Code L8.40.O2O (B)) The primary area of concern with this expansion hrould probably beparking. There may also be other issues for the expansion such as viewimpacts and inpacts on the bulk of the building. At this time, thestaff does not feel it is appropriate to write a letter stating thatthe expansion is acceptable and would most likely be approved. We feelit is helpful to point out the apparent issues that may be related tothe expansion. However, lre are not comfortable stating that these arethe only concerns that rnay arise during the revielr process. cail l{ahrlich-Lowenthal continued I hope you can understand our caution in glving you any staff positionat this tine. If you have any further questions, please feel free tocall me at 479-2138. Sincerely,r) I nt {ndan Yfit-i"ilt"tr' irrttzSenior Planner KP:IT cc: Peter Patten Sidney Schultz sr D0f scHULTZ-ARCH ro?*. 141 EAST MEADOW DRIVE VAIL, COLORAO 81657 3O3/476-78e0 September 12, 1989 Town of Vail Dept. of Cournunity 75 S. Frontage Rd. Vai-1, C0 81657 Development West re: Vail National Bank Bui 1d i ng -Thi r d Floor 0ffice Addition PHASE ONE APPLICATION The Vail National Bank Building wishes to re-partition and add office lease space to the Southwest corner of the third floor of the buil-ding. Phase 0ne of this proposal would enclose the existing corridor at Suites 306, 308 and 3L0. This construction would take place this Fall. This urodification would have no i-npact to the exterior design of the building as the corri.dor is entirely interior space. According to Town of Vail statistics dated 24 ApriL, 1989, the Vail National Bank Building currently has a parking surplus of 0.8 spaces. Enclosure of the corridor would generate a requirement of 1.06 spaces, a net increase of .98 or one apace. An existing condensing unit that now is nounted by the South stairwell. wilL be removed prior to consLruction. That space can then used to satisfy the parking required by enclosing the corridor. Attached is a floor plan that highlights the corridor to be enclosed i.n Phase One. MEMBER. IHE AMERICAN INSTIIIJI'E OF ARCHITECB ?( I'Y 'ft*rrt?'gue Date or onnrJi "" W gpkrrrtq4Sl AppLrcATroN FoRM FoR spEcrAL DEVELopMEuT fitll0R &v!fg*t{6llff I. DISTRICT DEVEIOPMENT PLAII This proced,ure is required for any project that would go throughthe Special Development District Procedure. The application will- not be accepted until alL information is submitted. A. NAME oF on"r,rcoou VNB BUtLplt|! d€F c0 $072c-1ww Sc+wve- PHoNE 3?-o,96as ,^o*, 47b7810 ooo*rrf, |Jrftr loas B. NAME OF APPIICANTIS REPRESENTATIVE C. AUTHORIZATION SIGNATUR3 ADDRESS LOCATION ADDRESS OF PROPOSAL ADDRE'' l4l E yltBAnh.^J'Dle" pnoxn$lLaXlg_ D. 5, LEGAI, DESCRIPTION .3 2+ E. FEE A List of the name of owners of all property adjacent to the Subject Property and their niling addresses. II. Four (4) copies of the following information: A, Detailed written/graphic description of proposal .,B. An environmentil impact reirort shilt'be submitted to the zoningadministrator in accordance with Chapter 18.56 hereof unless waived by Section 18.56.030, exempt projects; C. An open space and recreational plan sufficient to meet the demandsgenerated by the development without undue burden on availableor proposed public facilities; gloo.oo rnro-1fl$[ " ': , Cffi//{ tt/"/st 6 ..: :1'r ":' ' -, )t.. I F. (0vER) ,, lt, Application tlpecial DeveloPment ois!!} DeveloPment Plan D. Existing contours having contour intervals of not more than five feet if the average slope of the site is twenty percent or less, or with contour intervals of not more than ten feet if the average slope of the site is greater than twenty percent. E. A proposed site plan, at a scale not srnaller than one inch equals fifty feet, showing the aPproximate locations and dimensions of all buildings and structures' usestherei.:n, and all principal site development features, such as landscaped areas, recreational facili- ties, pedestrian plazas and walkways' service entries, driveways, and off-street parking and loading areas with proposed contours after grading and site development; F. A prelj-minary landscape plan, at a scale not smaller than one inch equals fifty feet, showJ-ng existing landscape features to be retained or removed, and showing proPosed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, ped.estrian plazas and walkways, water features, and other elements; c. Prelirninary building elevations' sections, and floor plans, at a scale not smaller than one-eighth eguals one foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. III. Time Requirements The-.Plimning and Environmental Commrlssion meets on the 2nd and 4th Mondays of each month. An application with the necessary accompanying material must be submitted four weeks prior to the date of the meeting. NOTE: It is recornmended that before a special developnent district applicationis subtnitted, a review and comnent neeting should be set up with the Departnent of Cornmunity Development. MINOR AI,TENDUENT TO THE SPECIAL DEVEIPPMENT DISTRICT FOR THE VAII-, NATIONAL BAI{K BUILDINGLocated at 108 South Frontage Road West PUBI.',IC NOTICE TO AN'ACENT PROPERTIES The purpose of this notlfication is to make you arirare of a Community Development Department staff approval of a minor amendment to theSpecial Development District for Vatl Natlonal Bank Building located at 108 South Frontage Road West. The staff approved an increase in offlce square footage for the office building of 218 square feet. Thisnotificatlon would have no irnpact to the exterior appearance of thebuilding, as the corrLdor that is being converted to offlce space, isentirely interior space. one additional parking space will be provided on slte for the office apace. This staff approval was made on September 15, 1989. The Planning and Environrnental Commisslon of the Town of Vall wl]t be lnformed of the staff,s decision at their September 26, 1989 meeting. The Plannlng and Environmental Commlssion meetings are held in the Town Council Charnbers at 75 South Frontage, Vail , Colorado. Please contact the Conmunity Developnent Departrnentoffice to find out the specific time ttre rneeting will begin on Septenber 26. You may reach the Comrnunity Developnent Department at(303) 47e-2L38. Appeal of staff decisions nay be fiLed by adJacent property owners' oritnerg of property within the Special Develppnent District, the applicant, Planning and EnvLronmental Commission members, or menbers of the Town Council, as outllned in Section 18.66.030 A of the Town'ofvail Municipal code. If you have any guestions about the staff approval , please contact Kristan Pritz, Senior Planner, at the Toltn ofVaiI Conmunity Developrnent Departrnent, 479-2L38. fnatie fu Jt-Q"R- 6wwe.E;\) u g, t flr2161 _ sr#v sCHULz-ARCHTTOT,^. 141 EAST MEADOW DRIVE VAIL, COLORAO 81657 303/476-7890 Vail National Bank ADJACENT PROPERTY OWNERS The Alphorn Condoniniun Association c/ o l4r. Ben Boutell Post 0ffice Box 3648Vail, C0 81658 Scorpio Condoninium Association 4919 Hanpden Lane Bethesda, MD 20814 Skaal Hus Phase Lc/o Mr. Ron Anderson 727 Pennay lvania Ave. llolton , KS 66436 Skaal Hus Phase 2c/o Mr. Ross Davis Post Office Box 190Vail-, C0 81658 Vail VaLLey Medical Center 181 lrest Meadow DriveVail., C0 81657 (Doubletree Hotel )Vail HoLdings, Inc.c/o J. Michael HolLoway American Credit Services, Inc. 2Ol E. Broad Street Rochester, NY 74604 Doubletree Condominiun Assoc.c/o Mr. Gene Petracca 602 Park Ave. Manhasset, NY 10030 Town of Vail 75 South Frontage Rd.VaiL, CO 81657 MEMBER, I}€ AMERICAN INSNME OF A'€HMCTS sr{rEd?colo^^Do OEPAETMENT OF HIGHWAYS 714 Grand Av6., P.O. Box 298 Eaglo, Colorado 81 6t!1-0298 (303) 328.638s Septenber 11, 1989 Vail National Bank 108 South Frontage Road WestVai1, C0 81657 Re: Enter and exit signs for Vail National Bank Gentlemen: Aftel review of your request for enter and do not enter signsthe Department of Highways will agree to the enter and do iotenter signs only. These signs should be sized to the enter anddo n-ot enter portion only to prohibit any advertisements. Thishas been agreed to by C, Dunn, District iOw Engineer, and bymyseLf using the Departmentrs signing standards. Very truly yours, J. Bryce Sanburg Hwy. Maint. Supt. III Sanburg,/Drieth Dunn Pierce/Hi11 PatroL 20 ,,firut.;*;;;tBT,*. 141 EAST MEADOW DR1VE VAIL, COLORAO 81657 3A3/476-789A September 6, 1989 MS. KRISTAN PRITZ Town of Vail Dept. of Community Developnent 75 S. Frontage Rd. West Vai1. C0 81657 Vail National Bank Buildine-Third Floor 0ffice Addition Dear Kristan, The Vail National Bank Building wishes to re-partition and add office lease space to the Southwest corner of the third floor of the building. Phase 0ne of this proposal would enclose the existing corridor at Suites 306, 308 and 310. This construction would take place this Fa11, Phase Two involves enclosing the existing deck on that corner the following Spring. This modification would have negligible impact to the West elevation' and wi 11 create a roofline that aligns with the existing roof over the South stairwell. According to Town of Vail statistics dated 24 ApriL' 1989, the Vail National Bank Building currently has a parking surplus of 0.8 spaces. Enclosure of the corridor would generate a requirenent of 1.06 spaces, a net increase of .98 or one space. An existing condensing unit that now is mounted by the South stairwell will be renoved later thi s week. That space can then used to satisfy the parking required by enclosing the corridor. When the deck is enclosed in the Spring of 1990 an additional four parking spaces will be required. As you are aware, the Bank Building has an option to purchase one dozen spaces in the new parki.ng structure at the Vail Va11ey Medical Center. By the tine Phase Two is scheduled to begin, the Bank Building will have either exercised this option or leased spaces elsewhere to satisfy the parking requirement. s1{JL, the s the it if you t tll . ,- t lt I t \-Ltart tl t f - -att, 'lvf I I As it is now so late in the year and we need to expedite start of this construction, we will be rnaking separate applications for Phase One and Phase Two, Because the prospective tenant requires the declc enclosure as well a corridor to make the space feasible, I would appreciate and the other Staff would 1et me know if you foresee any potential problerns with the total proposal. MEMBER, THE AMER CAN INSTITU-IE OF ARCNITECTS Sidney Schultz, AIA r \'';rfliFfi' . i o Fee paid JO.OO 'SIGii APPLICATTOII Narne of Project Vd,hA'on Nanie of Person Subrnitting . Location of Projeci t68 .. S. trron Des cri pti on of_.proj ec{D.ed6 -&n' Vi Nahann (t ' fu " The f ol lorvingto ihe Design Sign subni'r,'ual lnfornaiicn is required for subnittal by the applicant Re'riel EoarC bei-cre a final approva'l can be givel fee is 520.00. A. Sign I'tateri a1 fllonn,:n Fan'ts ,Tvpc E l6e ;Q) tnn'l-'[ sf =.:'=. :!lo lexan {-a.et i (c) fatslad;E - ,o9o qlon)n,m &.ezs. - :" o:,*t g" en*c. ?',er ( al sg, ttbc, B. Description of Sii ! >lF wntt "irn-" Vo;l No-trom"l Botrk', ,1,# A,:i'l.' +{,firg D. Length'of Frentaee fFt. ) E. Comerts I L O. lzil.rcu."la{61 AP?licrtion rtrSer < ' A\\IF F' <ta,J,,1J' ^lo ^Jo+ FNTF(h '3a \ \o Nor EitrcP' ' eqh v *f " \a1. Site Plan A 2. Drar'ti ngs sho';lr ng - exgcf | 0c3-r''l on 5: Fnotoeisphs sho'.rin9 propcsed locs;ton 4. Aciual sign 5. Colored Scale ore';rtng - ...i".,.- .:f;"': , :.'7 a. 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(, lLJz{sl:. luF o lrJta,oo1 2o Fo-l!Y uJo oFt GI! o- t!o o.oo I uJFoz Ad H2 H a G'rQl-iH z oPzeoo =z=t3o-- P =l J il=ri FnFqrtr F4r rF4 r}dJ ts:G|rlLlt E9E<8aEo{P '9'E o.-E: =ulEFodE=,PXEXE6tq €= Hol- -.-. rt4| -'/vE\ 1"1 rl-wt'= - t-1F? rX't+txltxl E =G lrJ o-zo FofE 62oo EfrF[ro}[ h{ItFll(r<{1trlHl*tl(,tzF-:9d F1F] FZz Fl z Hts z FlH 'ii=z (D -r \o.ir I\o c Fl ti g tsza tn vtatIutro t o\ cot\ I\o io- J 6 E E r4 .J. at't.A UJeo : a NH|j ah ts z Htn .c l! @ rn Ir\N co I c\ oz ci UJe, a t!oz BoF 2 Hts H U)z tr{trl att . tr I I I rl ciz (, UJ CE J- ttoz =oF I ;l ;l pl p: G, -rO<F0a(JuJ<ztulF(rz-o tgP E?-G d6o Eh 'rli+EOz i- INSPECTION REQUEST . TOWN OF VAIL DATE READY FOR LOCATION: INSPECTION:ruES (*eo-'-\._.THUR FRI JOB NAME MON CALLER PMAM ' :'{'4 t- ' ",; | )LPffi BUILDING: tr FOOTINGS tr FOUNDATI tr FRAMING / STEEL PLUMBING: O UNDERGROUND D ROUGH / D.W.V, tr ROUGH / WATEB ON / STEEL - BOOF & SHEEBu PLYwooD NATLTNG D GAS PIPING tr INSULATION tr SHEETROCK N POOL / H. TUB NAIL tr tr ofFtruRt-O FINAL ELECTRIGAL: ,MECHANICAL: tr TEMP, POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR D tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED F RETNSPECTTON REQUTRED DATE INSPECTOR e'v \\SS PERMIT NUMBER OF PXOJECT TOWN OF --\F\ t\.i- I \r- oot. i> -|\>-'\\\ JoB NAME CALLER READY FOR LOCATION: INSPECTION:MON TUES @\ THUR FRI @PM BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDEBGROUND tr ROUGH / D.W,V. tr ROUGH / WATER tr FOUNDATION / STEEL ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL ELE trI trF EC tr.- tr HEATING tr EXHAUST HOODS tr SUPPLY AIR tr FINAT tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED a, 39ftr PERMIT NUMBER OF PROJECT DAIE /' /l -93 roB rN#;roNTOWN OF REOUEST VAIL Nnlile 1/4r/ ,ttgf/otrp/ 4lrrt/< CALLER MON TUESREADY FOR LOGATION: INSPECTION:WED r@.d FRI AM BUILDING: N FOOTINGS / STEEL PL o tr tr tr D tr D UMBING: D FOUNDATION / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATERtr tr D FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H, TUB tr SHEETROCK NAIL (r'ruot D FINAL ELECTRIGAL: O TEMP. POWER MECHANICAL: tr tr o tr HEATING tr tr tr ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIREO INSPECTOR tNs I PE CTION REQUEST TOWN OF VAIL READY FOR INSPECTION: PERMIT NUMBER OF PROJECT DArE )\---Y.:r--\\ JoB NAME LOCATION: BUILDING:PLUMBING: tr UNDERGROUND tr ROUGH i D.W.V. tr ROUGH / WATEB tr tr tr tr tr tr tr tr FOOTINGS / STEEL FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr tr tr tr POOL / H. TUB NAIL FINAL FINAL ELECTRICAL: tr TEMP. POWER MECHANlCAL: O HEATING ROUGH tr EXHAUST HOODS CONOUIT tr SUPPLY AIR tr tr FINAL tr FINAL .tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR g#sn I PE / t ,..-, sDA].E 'l | 7; JOB NAME \./ .r,l CTION REOUEST TOWN OF VAIL i' , r,8...-- READY FOR INSPECTION: CALLER TUES WEDMON \4',.-:. ,/ ,1..:'14.,< .^ ,4 PERMIT NUMBER OF PROJECT LOCATION ' |' i'{ BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V.tr F9UNDATTON i STEEL ,/ ,l s/rnnutruc a-\Y-..'tr ROUGH i WATER tr tr tr tr tr ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL o cl trFINAL FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr tr tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR FINAL tr tr FINAL ,GnppnovEo CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR DATE o INSPE '.. '\ ''r READY FOR LOCATION: INSPECTION: CALLER , MON -,] TUES , !\. | \ JoB NAME TOWN OF ;:\- i AM 'r PM INSPECTION REQUEST BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER D FOUNDATION / STEE- tr D tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr tr E tr POOL / H. TUB o tr FINAL FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr tr tr ROUGH E EXHAUST HOODS CONDUIT tr SUPPLY AIR FINAL tr FINAL /"/q,APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REOUIRED rffisre DATE INSPECTOR \:... - .-+o PErNs CTION REOUEST TOWN OF VAIL r, i. PERMIT NUMBER OF PROJECT DATE It:t JOB NAME READY FOR LOCATION: INSPECTION: CALLER MON TUES WED THUR FRI AM' BUILDING: D FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER O FOUNDATION / STEEL n tr FRAMING ROOF & SHEEB PLYWOOD NAILING tr GAS PIPING O INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr tr tr FINAL tr FINAL ELE trT !EF trC tr CTRICAL:MECHANICAL: TEMP. POWER tr HEATING ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED O REINSPECTION REQUIRED DATE INSPECTOR PrSisroP -) ,, I r'/--) / --' '.INSPECTION REOUEST VAILPERMIT NUMBER OF PROJECT DATE JOB NAME TOWN OF , ,'/ CALLER MON TUES wED ,{lyi FRIREADY FOR INSPECTION: LOCATION: &nppaoveo --':'- n tr DtsAppRovED tr RElNSPEcrloN REoUIRED CORRECTIONS: l '.{ ,I { I.l BUILDING: O FOOTINGS / STEEL PLUMBlNG: tr UNDEBGROUND tr FOUNDATION / STEEL B FRAMING tr ROUGH / WATER -ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL / H. TUB tr HEATING O ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR DATE INSPECTOR pffi*rop PERMIT NUMBER OF PROJECT INS o PE CTION REQUEST TOWN OF VAIL t i" t. ,'\ \ ',!lDATE READY FOR LOCATION: INSPECTION: JOB NAME CALLER MON TUES I ''lt .. BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL F tr tr tr tr ,FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr tr tr u POOL / H. TUB NAIL tr FINAL FINAL ELEGTRIGAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr tr ROUGH O EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL -"-'tr APPBOVED /,,CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED '. INSPECTORDATE pffis,e INSPECTION REOUEST ,\ \ 'r \ '-)]-:**,Tuo'' '"J r*. \. ,\.',''. \ ,r....*/ \>t\^tbrDATE READY FOR LOCATION: INSPECTION: JOB NAME MON -------@ tt PERMIT NUMBER OF PROJECT CALLER lt\ ,\(A'.. ruES wED ($) r*' BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr BOUGH / D.W,V.tr FOUNDATION / STEEL tr ROUGH / WATER ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL/ H. TUB ELEGTRICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr SUPPLY AIR tr FINAL TPaoveo "coRREcttoNS, T] DISAPPROVEO tr REINSPECTION REQUIRED -t-rooA fun l*dl, C.,', ,,= t-r -(c0,,.,u ?} . INSPECT I PEtNs j1 1 CTION TOWN, OF REOUEST VAIL DATE READY FOR INSPECTION: LOCATION: CALLER TUES THUR / 4-. 1,, WED Bl tr tr o tr tr tr tr ILDING:PL tr tr tr tr tr tr UMBING: FOOTINGS / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB SHEETROCK NAIL tr FINAL tr FINAL ELE trT F.F 0( tr_ CTRICAL:M tr tr tr tr ECHANICAL: TEMP. POWER HEATING ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL \PPROVEW RRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR #*oc ]'? !r-INSPECTION REQUEST. TOWN OF VAIL lf {1 | ).-:- PERMIT NUMBER OF PROJECT DATE 7 - ' -.''r JOB NAME MON CALLER TUESREADY FOR LOCATION: INSPECTION:THUR GFDWED 6rt BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER- PLYWOOD NAILING E GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr tr tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH .O EXHAUST HOODS tr tr CONDUIT E SUPPLY AIR T] FINAL i. . tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED O REINSPECTION REQUIRED DATE INSPECTOR p#ee - .-1 !' <".1"-. ! -) L. I PEtNs CTION REQUEST TOWN OF VAILPERMIT NUMBER OF PROJECT DATE JOB NAME READY FOR LOCATION: INSPECTION: CALLER TUES WED THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND O ROUGH / D.W.V,tr FOUNDATION / STEEL dfnnutruc tr ROUGH / WATER ,- ROOF & SHEER" yxv'tooD NATL|NG E lNSULATlofrl r' tr GAS PIPING POOL / H. TUB tr SHEETROCK NAIL tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANIGAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr FINAL tr FINAT E DISAPPROVED tr REINSPECTION REQUIRED COBRECTIONS: INSPECTOR'- .-. i I i,^t| ' !,,FEnr'rttrNffi INSPECTION REQUEST Tow| oF vAlL DATE ., 'JOB NAME CALLER MON TUES WEDREADY FOR INSPECTTON: LOCATION:,'( BUILDING: tr FOOTINGS / STEEL PL tr tr tr tr D o UMBING: tr FOUNDATION / STEE- UNDERGROUND ROUGH / D.W.V. ROUGH / WATERtr FRAMING ,_ ROOF & SHEER" PLYWOOD NAILING GAS PIPING tr INSULATION POOL / H. TUB tr SHEETROCK NAIL tr tr FINAL tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: B HEATING $oun"tr tr n EXHAUST HOODS tr CONDUIT r'1 SUPPLY AIR tr FINAL tr FINAL /1APPROVED - 1'tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: DATE INSPECTOR t ,' '1 ,4,- (i -<tr1\ PEBMIT N MBER OF PROJECT DATE READY FOR INSPECTION: LOCATION: / JOB NAME INSPECTION REQUEST TOWN. OF VAIL tr REINSPECTION REQUIREDVED CORRECTIONS: tr DISAPPROVED BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER PLYWOOD NAILING tr GAS PIPING tr INSULATION tr SHEETROCK tr POOL / H. TUB NAIL tr o tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr tr FINAL tr,FOUNDATION i STEEL # r*or,*n -/'L''7;J;:1 l;/:::,i DATE INSPECTOR O PEINS PERMIT NUMBER OF PROJECT CTION REQUEST TOWN OF VAIL i. *_ \ DATE ....... CALLER INSPECTION:MON TUES WED THUR FRI AM PMREADY FOR LOCATION: BUILDING:PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOOTINGS / STEEL tr FOUNDATION / STEFOUNDATION / STEEL tr D tr tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL / H. TUB SHEETROCK NAIL tr trrF \( \\-'.r\ \( \\- 1r\| tr FINAL ELECTRIGAL: tr TEMP. POWER tr ROUGH tr CONDUIT n tr FINALtr FINAL MECHANIGAL: tr HEATING tr EXHAUST HOOOS tr SUPPLY AIR tr FINAL tr FINAL E-APPROVED CORRECTIONS: tr DISAPPBOVED tr REINSPECTION REOUIRED Date 9/'/f'""''- Y lNSPEcroR PERMIT NUMBER OF PROJECT INSPECTION:MON INSPECTION REOUEST TOWN OF VAIL .) CALLER TUES PMAMWEDTHURFRIREADY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL tr FOUNDATION / STEE- PLUMBING: tr UNDERGROUND tr BOUGH / D.W.V tr ROUGH / WATER tr GAS PIPING tr POOL i H. TUB n f-1 O FINAL MECHANICAL: tr HEATING O EXHAUST HOODS tr SUPPLY AIR - f1 O FINAL tr ROUGH / WATER tr GAS PIPING tr POOL / H. TUB tr FRAMING n ROOF & SHEER" PLYWOOD NAILING B INSULATION tr SHEETROCK NAIL tr D tr FINAL ELE trT br trC tr- CTRIGAL: TEMP. POWER ROUGH CONDUIT tr FINAL tr APPROVED ; CORRECTIONS: tr DISAPPROVED tr REINSPECTIOU:.REQUIRED #'- DATE INSPECTOR PERMIT NUMBER OF PROJECT DATE t INSPECTION REQUEST ----4Q'" JOB NAME CALLER INSPECTION:MON TUES WED 'l,Pita READY FOR LOCATION:I u-' 4{C,-' TOWN OF VAIL freenoveo GORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIFED INSPECTION REQUEST TOWN OF VAILPERMIT NUMBER OF PROJECT CALLER READY FOR INSPECTION: MON TUES WED THUR FRI AM PM LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDEBGROUND tr ROUGH / D.W.V. tr ROUGH / WATER O FOUNDATION / STEEL tr FRAMING - ROOF & SHEER " pLYWooD NATLTNG tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr D tr FINAL tr FINAL ELECTRI MECHANICAL: g .t B. i tr tr TEMP. POWER tr HEATING ROUGH tr EXHAUST HOODS CONDUIT O SUPPLY AIR tr FINAL tr FINAL APPROVED .tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: DATE INSPECTOR sfiSs,cp o PEtNs CTION REQUEST TOWN OF VAIL READY FOR LOCATION: INSPECTION: NAME MON CALLER TUES WED THUR FRI AM BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. O ROUGH /WATER tr FOUNDATION / STEEL tr D EI tr o tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL tr tr trFINAL FINAL ELECTRIGAL: tr TEMP. POWER MECHANIGAL: tr HEATING ROUGH D EXHAUST HOODS EI tr tr CONOUIT D SUPPLY AIR FINAL tr tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REOUIRED DATE INSPECTOR ffisrop o PE PERMIT NUMBER OF PROJECT DATE INSPECTION: INS CTION REQUEST TOWN OF VAIL NAME MON CALLER TUES'WED THUR FRI AM PMREADY FOR LOCATION: BUILDING: tr FOOTINGS i STEEL PLUMBING: O UNDERGROUND tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER" PLYWOOD NAILING tr INSULATION tr POOL / H. TUB T] SHEETROCK NAIL tr o tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr FINAL tr FINAL F.APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR ffilrc,r t I\\SS INSPECTION REQUEST TOWN OF VAIL NAME READY FOR INSPECTION:MON TUES @ IHUR FRI LOCATION:b, BUILDING: D FOOTINGS / STEEL PL tr tr tr tr D tr n UMBING: EI FOUNDATION / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATERtr FRAMING n ROOF & SHEER" PLYWOOD NAILING GAS PIPING tr INSULATION POOL / H. TUB tr FINAL tr FINAL MECHANICAL: D HEATING tr D t-l EXHAUST HOODS SUPPLY AIR n tr FINAL O FINAL APPBOVED 7 tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: r.l,' nfihso" oor, /- ?6'/2 rNSpEcroR ,r. iii l4l ,; , r'r .tI 'l\\\ PERMIT NUMBEF OF PROJECT READY FOR LOCATION: JOB NAME INSPECTION REQUEST TOWN OF VAIL rgRl CALLER TUES THURWED /,/t*- -,.{ :C t'1 BUILDING: D FOOTINGS / STEEL PLUMBING: tr FOUNDATION / STEE- tr UNDERGROUND D ROUGH / D.W,V. tr ROUGH / WATERD FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING O INSULATION O POOL / H. TUB tr SHEETROCK NAIL O FINAL tr FINAL ELECTRIGAL:MECHANICAL: tr tr tr tr TEMP. POWER tr HEATING ROUGH o tr f'l EXHAUST HOODS CONDUIT SUPPLY AIR fu,*o'D FINAL 7{aeeaoveo f CORRECTIONS: D DISAPPROVED tr BEINSPECTION REQUIRED INSPECTOR ,t-' \ Lr=cr. .r \.J {) DATE PERMIT NUMBER OF PROJECT JOB NAME CALLER INSPECTION:MON TUES WED THURREADY FOR LOCATION: INSPECTION REQUEST TOWN OF VAIL .,:\ ._)\ Qrl \PM ]AM 6 BUILDING: U FOOTINGS / STEEL PLUMBING: E UNDERGROUND tr ROUGH / D,W.V.B FouNDAto*) rrr=,- FRAMING tr ROUGH / WATER J ROOF & SHEER tr GAS PIPINGPLYWOOD NAILING tr INSULATION D POOL / H. TUB tr tr SHEETRQCK NAIL D tr ..'.' tr FINAL tr FINAL ELE trT trF trC tr_ CTRICAL:MECHANICAL: TEMP. POWER tr HEATING ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL O FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REOUIRED INSPECTOB INSPECTION REQUEST TOWN OF VAIL INSPECTION: i NAME MON TUES @ THUR R PMAMREADY FOR LOCATION: PERMIT NUMBER OF PROJECT oo-E\-A-\.,oe CALLER BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER D FOUNDATION / STEEL tr FRAMING - ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING D POOL / H. TUB tr FINAL tr FINAL ELEGTRICAL:MECHANICAL: tr HEATING tr EXHAUST HOODS tr CONDUIT SUPPLY AIR O FINAL APPROVED CORRECTIONS: EI DISAPPROVED tr REINSPECTION REOUIRED INSPECTOR n -'Jn/z' r l'JD PERMIT NI.ATBER OF PROJECT I NSPECTION TOWN OF , { -V- a,\^V--..-- REQUEST VAIL I ,rt-l c)^oor. lr,\F JoB NAME READY FOR LOCATION: INSPECTION: CALLER TUES WED THUR FRI ( BUIIDING:PLUMBING: FOOTINGS / STEEL tr UNDERGROUND tr ROUGH / D.W.V.tr FOUNDATI tr FRAMING ON / STEEL tr tr B tr ROOF & SHEER PLYWOOD NAILING INSULATION SHEETROCK NAIL tr FINAL tr FINAL ELECTRICAL:MECHANICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT E SUPPLY AIR tr tr FINAL tr FINAL NG trP ;/paaoveo(/conRectrotrs: tr DISAPPROVED tr RETNSPECttOru neQUlneo INSPECTOR t INSPECTIONTOWN OF .,,xi.,.\ Lt".i REQUEST VAILPERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: INSPECTION: UALL tr|.I MON TUES WED BUILDING:PLUMBING: D FOOTINGS / STEEL NDERGROUND FOUNDATION / STEEL tr tr tr E tr tr tr ROUGH / D.W.V. ROUGH / WATERtr o tr tr tr tr FRAMINGr rr^rvrrrY\,I -ROOF & SHEER GAS PIPINGPLYWOOD NAILING INSULATION SHEETROCK POOL / H. TUB NAIL FINAL FINAL ELECTRIGAL:MECHANICAL: tr tr tr D tr TEMP. POWER D HEATING ROUGH D EXHAUST HOODS CONDUIf tr SUPPLY AIR IJ FINAL tr FINAL q tr DISAPPROVED tr REINSPECTION REOUIREDn(h RppRoveo;/\ .CORRECTIONS: oor= ,l/- i -t7 rNSpECroR nffisrrcp t rNsPECr|*O!|, l-^.t Ilr,r,..^( t-c, *K } REQUEST VAIL wED @)tn -------@ PM F ,.^-\t--*{ \x -)t._)a)PERMIT NUMBER OF PROJECT DATE JOB NAME INSPECTION: CALLER MON TUESREADY FOR LOCATION: BUILDING: D FOOTINGS / STEEL PLUMBING: D UNDERGROUND tr FOUNDATION / STEEL l.ftoucn / D.w.v. tr FRAMING "paouca / wArER ,_ ROOF & SHEER" PLYWooD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr trtr O FINAL O FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING o tr tr ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL D FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR .'|' t'\ t- . -a)-< l'-\)<)l\J\J PERMIT NUMBER OF PROJECT DATE IN i". -,c aa, \ \rl REQUEST VAIL t SPECTION TOWN OF INSPEC JOB NAME MON CALLER TUES WEDREADY FOR LOCATION: BUILDING: O FOOTINGS tr FOUNDATI tr FRAMING / STEEL ON / STEEL PLUMBING: tr UNDERGROUND - r l,/_ DKROUGH / D.w.V. 4 't-r: - f-'V_ JXSOUGH/WATER ( { . _ tr GAS PIPING _ tr POOL i H. TUB r-t f-1 _ tr FINAL MECHANICAL: _ O HEATING _ D EXHAUST HOODS _ O SUPPLY AIR - r-.l - ROOF & SHEER " pLYwooD NAtLtNG O INSULATION tr SHEETROCK NAIL tr FINAL ELECTRICAL: O TEMP. POWER D tr tr ROUGH CONDUIT tr FINAL tr FINAL 'pceaoveo gCORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR ,ti,lillir L'., - $rl\ a\i I ; $)El{ ".\*,LNL\CO \i*{Ys\i rd5s! \si5 {! };:9+,\'>\NN- |t\\ fr \t:$9u \\Nlt i$N r$'< g$lie$thak* N-k{'$rsftEvaF fi$sl=N\\7dll+ "'-)$t?rN'..\f N *i\!"' ' il3+\jtj pih[tF ,F$..:sc,:S \sNstscsa\ \,ii tr . E\Sn\J N? E:i:i, E :.-- (J O i \lI sI NJlI N f- '\I \ I tf E. (- u- ( r F------------li i tz.tv " 1 I shlw slgn & Awnlng, lnc" wlll nol ba a€6pon!{Ic lor drmqps lo |Il|na*€d uidorlaoirtd udldaa, spr h trdbrldOluE cabh3 thal may occlr whlh Indanng CEE. All dErr{ca artd lubs€qipnl ropal! shall be the 8de .o$qBlullly ol lho p.ooorty dv|le, tomnl andror aoant. Ouo to lh€ dilliculty in malchhg romr cobr!, varialiorlt nay occlr duhg prodE on. All olsclrbal slgns wfll bc wlrsd 120 rrdl ptimdy sorylco unlo3s dh€ildko rolod. Olh€r volagca ro 6ran$lo at addl. llonrl cost. Prlrnsry 8enho, lln! dockt oi olhgr 0lecflcal dovlcog rro not Includod In lhl! Drolonla on, ThA diasing iir autmitl€d for U3e in a proiocl t €aitg plann€d lo. you by Shavr Slgn & Arvtlng, l'rc. & msy nd bo t€productd. copl€d, i grnbled or nund&tul9d by lny dhe @mplny q pc.!o.F wlthqn wrlttcn ponnbllon lrDm Sha{ Slqn & Awnlng, Ins. Vlohno|r ol lho abqvo cdrttltrito a cornponlltory lo.lo Shatr 3l9n t Awilng, Inc. SH\W SIGN & \wNtNG, lNC 1326 t ,bbstor Ava. R. CollinE. CO 8052,1 (303) 49$6244 cLlENI. VA.1L- nA\-rt2t-lA.L pAN|l) va 4,, rnarfiAa? frn Vt, LOCATION: \./A.lL DArE: 4" . 22.ffi SCALE: t/2//= /-A// ACCEPTED BY:SPECIAL INSTRUSTIONS: RIflHHS ta?rA SALESPERSON:DEStGNER:;2rfpp,_ Oo oo J '\ vr) J\ \J'/- s Uv J-c \ \ l--joo oo oo oo oo oo I s i .r cJ\a{<-\ n J II o +..q Y A /- .t6 t I Iq I I I I I I I I I I I l1 I I I l I I il tl il o.(\| O6 97z b?d =t2 2?"fi qq"E ;=El zI o- L.JFnl I I I .--.. I -l I I -/- I nq ...- d)-q t;, ooh l1| + ,-,A'lll I lat9 ,OI ?&,5 F- F s'/ I N(t, dt(0 -r I t_ I I lt r+ It n-ro. dl I I II I l-J-_) oo oo PETER JAMAR ASSOCIATES, INC. PLANNING. OEVELOPMENT ANALYSIS, RESEARCH itune 20, 1989 KrLetan Pritz Town of Vall 75 S. Frontage Road lfeetVail, CO 81657 Dear KriEtan: The purpose of this letter is to acknowledge that the loading zone indicated upon the attached site plan of the VaiI National Bank is located wlthin tbe area of Vail Holdings, Inc. property whLch will be an easenent granted to the Vail Valley ltedlcalCenter for the pur?oaeE of parking. Vail Holdings, Inc. haE noproblen rith the locatLon of this loading zone within ttriEportion of the eaEenent. Please let ne know lf you have guestions or reguire additionalinformation. Pit: ne Suite 308, Vail National Bank Building 108 South Fronlage Road \A/est . Vail, Colorado 81657 . (303) 476-7154 RESOLUTION ily the Director of \rNB Building corp.: BE IT RESOLVED that Sidney Schuttz retained as Agent for VNB Buil<iing the purpoEe of making applications Town of Vail for the re-zoning and of its Vail National Bank suildinq aEsociated property. is hereby Corp. for to the renovation and E. B. Chester lH No/MPrside, -.ocal Jurisdiction: Dist/Section/Palrol: DOH Permit No.: Permit Fee: Date ol Transmitlal: is. hereby granted permission to construct and use an access lo the state highway at the location noted below.The access shall be constructed, maintained and used in accordance with ihe terms and conditions of this permit,including.the State Highway Access Code and listed .attachments. This permit may be revoked by the issuingauthority it at any time the permitted access an d its use violate any of the terms and conditions of this perm it. The useof advance warning and construction signs, flashers, barricades and flaggers are required at alltimes during accessconstruction within State.right-of-way in conformance with the MAN0AL ON UNTFORM TRAFFIC CoNTROL P:YP^:"1::1Yl:Il"^i.jlils_?!t-holti,.thg oepartment and their duty appoinred asenrs and emptoyees shatr be herd ACCESS TO PROVIDE SERVICE TO: 220 lodge rooms, 7400 sq.ft. of meeting/conference space and 24 condos. OTHER TERMS AND CONDTTIONS: See Attached Sheet. MUNICIPALITY OR COUNTY APPROVAL The person signing as ihe permittee must be the owner or legal representative of the property served by the permittedaccess and have tll[';'oi'EB3'fi i "FS S'; 5'"FriTF Date L - t-t-c'i t[e_pglqrlt and aJl it's tqrrls and conditions. Permltlee (X) This permit is not valid until si ned by a authorized representative of the State Department ol Highways. STATE OF ON OF HWAYS ROBERT IEF Upon the signing of this permit the permitGeigreeltd l::f"'l:ll*.j:LTlilal!:_":lllpJl:9 h :l expeditious.ano sare mannei anJ sharr be rinished wirhin 45 days rrominitiation' The permitted acc€ss- shall be completed in accordance with the t"rrt ino conditions of the permit pnor robeing used. The permlttee shalt no$ty A1 pierce - - --' '- - wlth lhe Colorado Department ol Hlghwayc In at ?"R_rr?Rs ,at least 48 hourc prlor to commenclng conelructon wlthln the state xighwsy rlghl-of-way. of State Highway 70 South Frontage Road, a distancefrom MlIe Post 175. 1. District (Original) 2. Applicant y' 3. Stalt ROW Make copies as necessary for; LocalAuthority Insp€ctor MTCE P8trol Trallic Engineer COLORADO DEPARTA,TEN}r HIGHWAYS STATE HIGHWAY ACCESS PERMIT THE PERMITTEE; On the south sideof 4382 feet east By (x)Date Requrred; . . Vail Holdings .elo J. M. Holloway Amerlcan Gredit Services, Inc.201 East Broad Streec Rochester, NY 14604 harmtessasainstanvaction forpersonh inlurybipro;;;ttil;;;;;.t;i;;il,;;;;;;il';;;;;i;ijfi1;ili#; Previous Edilrons aro Obsotste and will not be use( DOH Fo.m 10' 9/8t r70sF/77s.76/R Town of Vail 30219 389037 $75.00 6- 14-89 District COPY OISTHIBUTION: o -Title { The lottowtng paragraphs are pe.rtn"lhtlghlr of the state Highwey Accerr Coa". L" "," proytded for your conr.nlenco bul do not alleyiale compliance wlth all sections ol the Access Code. A copy ol the Stale Hlghway Accet! Code Ir avallablclrom youa local issulng authorlty (local government) or lhe Slate Depsrtmenl ol HlghwsyB (Oepattment). When thls pcrmlt wrr lttued, the lssuing authorily made lts decision based In part on Inlormation submltted by the appllcant, on lh€ acco$ categoly whlch lr assigned to lhe highway, urhat allernative access to olher public roads and street! ls avallable, and 3ately and d€slgn dandards. Changes in use or de3ign nol approyed by the permil or the issuing aulhorily may causelhe reyocallon orsuspentlon otthe pe?mll. I Appeals 1. Should the permittee or applicant chose lo obiect to any ot the lerms or conditions ot the permit placed therein by ihe Department, an appeal must be f iled with the Colorado Highway Commission within 60 days ol transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Com m ission, 420 1 East Arkansas Aven ue, Denver, Colorad o 80222. The req uest shall include reasons lor the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any ob.lections and requested revisions at the request ol lhe applicant or permittee. lf agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revisethe permit accordingly, or issue a new permit, or require lhe applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless ot any communications, meetings, or negotiations with the Department regarding revisions and obiections to the permit, if the pe.mittee or applicant wishes to appeal the Department's decision to the Commission, theappeal must be brought ro the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee ot action by the local issuing authority when it is the appropriate local authority(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. lf the tinal action is not further appealed, the Department or local authority may record the decision with lhe County Clerk and Recorder. ll Construction slandards and requirements 1. The access must be under conslruction within one year of the permit dale. However, under certain conditions a one vear trme extenston may be granted if requested in writing prior to permit expiration. 2. The a pplicant shall notif y the otf ice s pecif ied on the perm it at least 48 hou rs prior to construclion. A copy ot the permit shall be available lor review at the construction site. lnspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. lt is th e respo nsibility ol ihe permittee to co m plete the con structio n of rhe access accord ing to the terms and conditions of the permit. It the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on lhe permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvemenls 10 the access may be required when the permittee has lailed to meet required specifications ol design or materials. lf any construction element fails within two years due to improper construction or material specitications, the permittee is responsible lor all repairs. 5 In t he eve nt it becomes necessary to re move an y rig ht-of-way fence, the posts on either side of the access shall be securelv braced with an approverd end post before the fence is cut to prevent any slacking of the remaining lence. All posts and wiri removed are Departmeht property and shall be turned over lo a represenlative of the Department. 6. A copy ol the permit shall be avaitable tor review at the construction site. It necessary, mihor changes and additions shalt be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be consl ructed and maintained in a man ner that shall not cause waler to enter onto the roadway, and shall not interfere with the drainage system in the right-ot-way. 8. Where necessary to remove, relocate, or repair a tralfic control device or public or private ulilities tor the construction of a permitted access, the work shall be accom plished by the permittee without cost to the Department or issuing authority, and at the d ireclion of the Department or ulility company. Any damage to the stale highway or other public right-oFway beyond that which is allowed in lhe permit shall be repaired immediately. 9. Adeq uate advance warn ing is req u ired at all times d uring access consl ruclion, in conlormance with the Manual on U niform Tratfic Control Devices Jor Streets and Hig hways. This may include the use of signs, llashers, barricades and flaggers. This is also requiredby section 42-4-501,C.F.S. as amended. The issuing authority, the Department and their duly appointedagents and employees shall be held harmless against any actlon tor personal injury or property damage sustained by reason of the exercise ol the oermit. lll Changes in use and violations 1 . lf there are ch anges in the use of the access, the access permit-issuing authority must be notified of the change. A change inproperty use which makes the existing access design or use in non-conlormance with the Access Code or the termJandconditions of the permit, may require lhe reconstruction or relocation ot the access, Examples of changes in access use are; an increase in vehicular votume by 20 percent, or an increase by 20 percent of a directional characteristic such as a lefl lurn.The issuing authority will review the originat permit; it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions ot the permit are binding upon all assigns, successors-in-interest and heirs. - 3. When a perm itted d riveway is constructed or used in violation of the Access Code, the local government or Department mayobtain a court order lo halt the violation. Such access permits may be revoked by the issuing authority. lV Furlher inlormation 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by tiling acompleted permit application f orm wilh the iss u ing authority. The issuing authority may take action only on the request iorimprovement. Denial does nol revoke the existing access. 2. The permitlee, hisheirs, successors-in-interest, andassigns, ot the property serviced by the access shall be responsible formeeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even thouohdeposiled on lhe access in lhe course ol Department snow removal operations. The Department shall maintain'inunincorporated areas the highway drainage system, including those culverts under the access which are part ol that sysiemwithin the riEht-of-way. 3. The issue date of the permit is the date the Department representalive signs the permit which is alter the permi ee hasreturned the permit signed and paid any required tees. 4. The Department may, when necessary for the improved satety and operation of the roadway, rebuild, modify, remove, orredesrgn the highway including any auxiliary lane. 5 Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with writtenconcurrence of lhe appropriate local authorily, to be reconstrucled or relocated to conform to the Access Code, either atthe properly owner's expense if the reconstruction or relocation is necessitated by a change in the use of the propertywhlch results in a change in the type of driveway operation; or at the expense of the Department it the reconstruction oirelocation is necessitated by changes in road ortraffic conditions. Thg necessity for th€ ;elocation or reconstruction shallt;' t " . tr h\/ rntCtFaaa trr ihr...:lrj,rtrrr; S1'l lJltrl tn tlle AalCeSS COOe. PERIqIT NO. 389037 L0 1i. L2 L3 Local ordinance requires a construction perrnit from Toun ofVail. Driveway shall .be constructed 35 feet wide with 15 footradrJ-. surfacing_for driveway approach is required asfolLows: L2tt of class l_ gravei Lh'z, 6'! lifts;'-e; or class 6gravel in 1., 6rt lifts. - 3 Also 3rr of HBp il Z, L.50il lifts of grade E, EX, orequivalgnt. The asphart cement in the HBp-sharr be AC 10.Approach and lanes Gnatt be constructed per ptins dated3-7-89 last revision 3-9-89. No randscabinq'other thangI1:: p!,gnn5oved fl_owers sharl be praced ii ttre approach :191:.trrangLes. .Upon_completion of the approach iiIexlsErng Iandscapj.ng wiII be reviewed and lny plants foundto interfere with the safe operation of the- lpfiioactr sharlbe removed. Lanes sharl be constructed as per cororado Departnent ofIigh:lf:' specifications, witfi ir,E i;lt;;i;s;5t;;i;i-piiceaEor_,rJ-naJ- grade: r-2rr ABc, class li 6n anc, class 6i ind 3r'9F,HBP, Grading E or Ex piace in the fotto;int-fiftr, 2 _ 6nIiftsr l- - 6"liftr 2 - L'.5" liits . Shoulderi along thespeed change lanes shall be 4 feet and pavJd. in. n",pavement shall slope on the same plane is the presentpavement surface. The entire roadway sharl be'overlaid with1.5r! of HBp. permanent highway striiing ana sitni;;-;h"ii--'be done by the colorado oivisi6n of irigfrw;tJ i6e actuarcost of the work wi]l be billed to the"perilittee. The costwill not exceed an estimated g2ooo. a hncrsrnnnoPRoJ'Ess roryAL ENGTNEER mu s t p rov i de ce rti f-IEEfo-i-that a 1 rwork was done neeting speci-fication. cERTrFrcATroN wirr-lesent to the Colorado Division of Hignw;t;._- NoTE-avementdesign for construction rnay be mooiiiea'up6-submission oran approved design. by 3 professional engiireer. Such designsharl have a structulal fturnber no ress €han s.so. writteiapproval of the roodified design is reguired beforeconstruction. No drai-nage from this site shalr enter onto.rthe surface ofEne hrglway. All existing drainage structures shall beextended to accornmodate 5ll new 6onstruction ana-lafetystandards.contractor sharr forrow the applicabre constructionspecifications set-for by the'b-partment of Highways in thelatest manual stanaara s6ecirications -ior-noia'ani' eria.re::+F+c!ig+ rl," _pr::+t1:l::_11=1rnt"d by the construction of this drivewa| andar! expenses j_ncurred for repair. Any darnage to any:I_i:!ll? Iist-'y.y faciriries Sniir be iepair6o fiior toconErnulng other work.cornpaction of sub-grade, embankments and backfill sharlggnply with section zoa.rr or the Divisio"-"i-Hitnr.y=Standard Specif ications.Compaction of Hot Bituninous pavement (HBp) shall conplywith.section 4or..r-7 of the division or'nigirwiys-stanaaraSpecifications.ff fro-st is present.in the sub-grade, no surfacing materialshall be placed until all frost-is gone or removed. .-sahr or score asphart to assure a stiaight "-g;-t-i patching.The first zo feit beyond trre-crosest nighwit'iu;;, i;.iii;i;;:p::|^:hglse lanes, _sharl slope down and awiy riorir tne *+9"Y1{_1t.? 2E Sra_qg.to ensure proper drainige control.Arr- excavacrons on utiLity Iines, culverts, other trenchesor tunnels shall meet the- requirlments of doloradoDepartment of Highways, osHAf colorado rndustrial commissionand the Colorado Division of Mines whichever applies.The area around the new work shalr be wel} gr"'a'"a-t" drain,top soiled, fertilized, mulched and reseede6..work sha1l BEGrN AFTER 8:30 A.M. and all equipment sha11 beoff the roadway BEFORE 3:30 p.M. each day. - ' L4 L5 PAGE NO. ], STATE HIGHWAY ACCESS PERMIT . Vall Holdings c/o J. H. Hollowav Amer ican Credit Slrvices, Inc. 201 East Broad Street Rochester, NY 14604 ,v '."-"ron oi tn" "i"i6i." J tne perm it,. LOCATION: is hereby granted permission to construct and use an access to the state highway at the location noted below.The access shall be constructed, maintained and used in accordance with t-he terms and conditions of this permit,including the State Highway Access Code and listed attachments. This permit may be revoked by the issuingauthority it at any lime the perm itted access and its use violate a ny ol the terms and coni itions ol th is permit. The useof advance warning and construction signs, flashers, barricades Lnd flaggers are required at alt times during accessconstruction within State.right-oFway in conformance with the MANDAL ON UNTFORM TRAFFTC CONTROLDEVlcEs' Part vl. The issuing authoriiy, the Department and their duly appointed agents and employees shall be held on the south slde of rnterstate 70 south Frontage Road, a distance of4013 feet east from Mile post r75 (250 south Fro-ntage Road west). ACCESS TO PROVIOE SERVICE TO: One hotel plus private condos (24), service on1y. OTHER TERMS AND GONDITTONS: See Attached Sheet. MUNICIPALITY OB COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Bv (x)Not Required Date Title access and have full to accept the permit and all it's terms and conditions.AIL A..Gg4qral _PartnershirPermltlee (X) Er:ti Date t r.r'i'r This permit is not valid until signed by a duly representative of lhe State Department of Highways. STATE OF COLORADO ON OF HI ROBERT ENGIN By (x) No/MP/Side: Local Jurisdiclion: Oisl/Section/Patrol: DOH Permit No.: Permit Fee: Date of Transmittal: r70sFl175.76lR Town of Vai I 30219 389038 $7s.00 6-14-89 Upon th^esigning ol this permit the p€rmittee ag *L:'l:lll-".^T:I*li91a{f "glql9t9d in an expeditious and safe rnann., "nJ shart be finished wirhin 4s days frominitiation. The permitted access shall be complele-d-i! accordance with the terms and conditions of the iermit prior tobeing used. The permlttee shall noilfy ' Al Pierce - '- - - wllh the Colorsdo Depailment of Highways In al least 48 hours prior to commenclng comtrucilon wlthln the state Hlghway -gr,t-ot-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted Requrred: 1. O'strict (Origirai 2. Apglicdnl - 3. Slalf ROW Make copie3 as n€cessary to.: LocalAuthority Insp6ctor MTCE Patrol Traflic Engineer Ptevious Editions ars ObcoHe and wilt not be us6c . *"to-# District COPY DISTFIBUTION: Thefottowlng paragraphra?e p€rlnenfrrrgnr!otthe strte Htgn*"rol""r. "oo".tl"r" orovtded toryourconJ"n,"n""ou, do nol !llevlste compllence wllh all rectlone ol the Acce!! Code. A copy of th. Strto Hlghwey Accaa. Code h rvrllrblc lrom your local ls!ulng authorlty (local goyernment) or the Slste Deparlment ot Hlghway0 (Department). When thlr pormll wrr |rtucd, tho i3sulng aulhorlly made it3 decl3lon barcd In prrt on lntormatlon submlltod by tho appllcant, on lho rccc|' calrgory whlch tt . assigned to the highway, what alletnallye acc633lo other publlc roadt and !lre€t3 li avallable, and lltety rnd derign slsndardr. Changes in u3e or design not approved by lhe permlt or the l!!ulng authorlty may cause lhe revocallon or!ulpenrlon otthe permlt. lAppeals 1 . Should the permittee or applicant chose to obiect to any of the terms or conditions of the permit placed therein by th€ Department, an appeal musl be tiled with the Colorado Highway Commission within 60days of transmittalol the permitfor permitlee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission,4201 East Arkansas Avenue, Denver, Colorad o 80222. Ths r€quesl shall include reasons forthe appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Deparlment may consider any oblections and requested revisions at the request of the applicant or permittee. It ag reement is reached,lhe Department, with the approval of the local issuing authority (il applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new applicalion lor reconsideration. Changes in lhe original application, proposed design or access use will normally require submittal ol a new application. 3. Begardless of any communications, meetings, or negotiations with the Department regarding revisions and obiections to the permit, if the permitlee or applicant wishes to appeal the Departmenl's decision to the Commission, the appeal must bebroughl tolh€ Commission within 60 days ol transmittal of the permit. 4 Any appeal by the applicant or permittee ol action by the local issuing authority when il is the appropriate local authority(under subseclion 2.4), shall be filed wilh the local authority and be consistent with the appeal procedures ol the localauthority. 5. lf the final action is not further appealed, the Department or local authority may record the decision with the County Clerkand Recorder. ll Construction 3landards and requl?em€nls 1. The access must be under construction within one y€ar of the p€rmit date. However, under certain conditions a one year lime extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notity the office specilied on the permit at least 48 hours prior to construction. A copy ol the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access conslruclion within highway right-of-way must be completed within 45 days. 4. lt is the responsibility of ihe permittee to complete the construclion of the access accord ing to the lerms and conditions of the permit. lf the permittee wishes to use the access prior to complelion, arrangements musi be approved by the issuingaulhority and Department and included on the permit. The Department or issuing authority may order i halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permiltee hasfailed to meet required specifications of design or materials. lf any construction element tails within two years due toimproper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary lo remove any right-of-way tence, the posts on either side of lhe access shall be securely braced with an approvep.end post before the tence is cut to prevent any slacking ofthe remaining tence. All posts and wire removed are Departmeht property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the conslruction sile. lf necessary, minor changes and additions shall beordered by the Department or local authority field inspector to meet unanticipated site condilions. 7. The access shallbe constructed and maintained in a manner that shallnot cause waterto enlerontothe roadway, and shallnot intertere with the drainage syslem in the right-ot-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of apetmitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction ol the Department or utility company. Any damage to the state highway or other public right-oFway beyondthat which is allowed in the permit shall be repaired immedialely. 9. Adeq uate advance warn ing is requ ired at all times du ring access construction, in conformance with the Manual on UnilormTraftic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and llaggers. This rs also requrredby section 42-4-501,C.R.S. as amended. The isQuing authority, the Department and their duly appointedagents and employees shall be held harmless against any action tor personal injury or property damage sustained byreason of the exercise ol the oermit. lll Changes in use and violations 1. lf thereare changes in the use of the access, lhe access permit-issuing authority must be notilied olthechange. Achange inproperty use which makes the existing access design or use in non-conformance with the Access Code oi the termJandconditions of the permit, may require lhe reconstruction or relocatlon of the access. Examples of changes in access use are;an increase in vehicu lar volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left lurn.The issu ing authority will review the original permit; it may decide it is adequate or request that you apply lor a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-inlerest and heirs. 3 When a permitted driveway is constructed or used in violation of the Access Code, the local govern ment or Depanment mayobtain a court order to hall the violation. Such access permits may be revoked by the issuing authority.lV Further inlormalion 1. when the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing acompleted permit application f orm with the issuing authority. The issuing aulhority may tate action only oiine request torimprovement. Denial does not revoke the exisling access. 2. The perm ittee, h is heirs, successors-in-interest, and assigns, of the property serviced by the access shall be responsible formeeting lhe lerms and conditions of the permit and the removal or clearance of snow or ice upon the acitss even tnougndeposited on the access in the course of Department snow removal operations. The Department- stralt maintain in u n i ncorporaled areas the hig hway drainage system, including those culverts under the access wh ictt are part or tlrat system _ ,withan the right-of-way. I 3. The issue date ot the permit is the date the Department representative signs the permit which is after the permittee hasreturned the permit signed and paid any required fees. 4. The Department may, when necessary for the im proved safety and operation of the roadway, rebuitd, modify, remove, orredesign the highway including any auxiliary lane. 5 Any driveway, whether constructed belore, on, or. after June 30, 1979, may be required by the Department, with writtenconcurrence of the appropriate local authority, to be reconstructed or relo;ated to contorm ro tne Access Code, either atthe property owner's expense it the reconstruction or relocation is necessitated by a change in the use ot the propertywhich results in a change in the type ot driveway operation; or at the expense of the Departirent il the ieconstruction orrelocalion is necessitated by change-s, in-ro.aq orlla^{jg g^on-djtr^o1^s.^T-hg 1-fqessity forlh€ ielocation or reconsrruction snattlr€ 4--'o'a . " trv referc'tap {., th'a 5a; kdatOS .-.,{ lOlfll In the ACCeSS COde. l- 2 3 4 PERMIT NO. 389038 Contractor shall fo1low the applicable constructionspecif i.cationslatest nanual set for by the Departrnent of Highways ir the *?:t+c!ig{'i rhe-prope:l*rili::_!f -lunted- by- the' c""=ti""[i;;-;i--thir-ail".i'ji,all expenses inLurred- for repair. Any darnage to anyarri ti nar tliahr,rrrr €^^:1:!:-- ^--^;; ' I , a-exist:Il:!_il? Hislyay faciliries ^snarr ue iepiiiEa piio, t"conElnutng other work. Lo99r ordinance requires a construction perrnit from Town ofVail. Driveway shalt.be constructed 24 feet wide with 15 footlaqli. surfacing_for arivewJy-ipproach is iteiiiiEa asfollows: r-2' of 6lass i grivei if,'2, e', ritisi-en-or cr_ass 6gravel in l, Gtt lifts. - No drainase f!9! this site sharl enter onto the surface ofEne hrgheray. All existing drainage structures shalI beextended to accommodate i1t new ionstruction!and-safetystandards 3 AIso 3rr of HBp. in.2, l.S0il,lifts of grade E, EX, oreguivalgnt. The asphalt celneni in the HBp shalr be Ac 10.Approach and lanes stratt be constructed per pfin" dated2-25-89. No landscaping other than grass or approvedflowers shart be praled-in the- appioicrr-iight-iiiingtes. Y??l ::r!1_:!i:l-"1 the approacn iir existiig-rinaicipinswrrJ- be reviehred_ang any ptants found to interfere with-thesafe opgration of the alpioacn sha1l be removed..Lanes shall be construct-ea,as per cororado oepiitnrent orIigh:?I:' rpg:lli"ftions, wiirr i.n" foltowins material pracedl:.,.:ln"l gracte: 12r ABC, Class 1i 5il ABC; Class 6; ind 3r,or HIil., Gradi.nq E or gx prace.in the following lifts: z - 6nliftsr 1 - 6nliftr z - L'.5'r lifts . shoulder; along thespeed change_ larres shall be 4 feet ana pJvJa. itre newpavement shall slope- on the sane plane is the pi-ientpavement surface. The entire roaiway shalr be'overraid with1.5rr of HBP. permanent highwav stiiirind-i"a-"ie"ing shalibe done by the gotorado Diiisian or hi96wit" -if,;-actual cost of the work wilr be birled to the-periittee. The costwill not exceed an estimateA $zooo. e hfefsfnnroPRoI'Essro\IAL ENGTNEER must provide certffiT-that atrworK hras done meeting specification. CERTIFICATION Will besent to the cororado-oiiision of Hignw;EF6T-EJFavementdesign for construction nay ue rnoaiii"a'"pr"ffuitission of 1l_?ppl?yed-design. by ? professional engiireer. sucn designsnarr have a structurar Nurnber no ress ahan 3.36. writteiapproval of the nodified design is reguired beforeconstruction. 9 10 11 L2 L3 cornpaction of sub-grade, enbankments and backfirr sharl99nply with Section zor. rr of the Division ;f-Hi;hwaysStandard Specifications.Conpaction of Hot Bituninous pavernent - (HBp) shall complywitb.section 401. r.7 of the division "r'iiigirr"yl-StanaaraSpecifications.ff frost is presen!.i" !lr" sub-grade, no surfacing naterialshall be ptaied until aII frost-is gone or removed-Sahr or score asohalt to assure a stiaight edge foi patching.The first 20 feat beyona-itrJ-crosest highway tane, i;;iiiei;; :p::9_9h?nse lanes, _-halt slope down and awiy-ii-ir tnenrgnway at a 2t grade to ensure proper drainlqe control.Arr excavattons on Utility lines, culverts, o€.her trenchesor tunnels shall meet the-requir6nents of coloradoDepartment of Highlays, osHA; colorado rnaustriii-cornrnissionand the cotorado-oivision of 'r-ri"".-wrri"h;;;;-;iiii"". The area around the new work shart ue wett-g.ihEd-t" drain,top- soiled, fertilized, ruulched and reseeded..work shall BEGrN AFTER 8:30 A.M. ana ait-tquipnent shatl beoff the roadway BEFORE 3:30 p.M. eacn a-y. L4 15 PAGE NO. ]. ., COLORADO DEP HIGHWAYS No/M P/Side: Jurisdiction: OisUsection/Patrol: 30219 DOH Permit No.: 389036 Permit Fee: $ 75. 00 Dale of Transminal: 6 - 14 - 89 17oSF/ 17s.86/R Tosn of Vail STATE HIGHWAY ACCESS PERMIT VNB. Building Corp.r. 108 South Frontage RoadVail, CO 81657 ACCESS TO PROVIDE SERVICE TO: Existing Vall Natlonal Bank Vatl Valley Medical Center OTHER TERMS AND CONDITIONS: AND west access and 177-space parking structure. VaiI Valley Medical Center 181 West Meadorr Drive /1100Vail, CO 81657 is. hereby granted permis$ion to construct and use an accgss to ths stat6 highway at the location noted below.The access shall be constructed, maintained and used in accordance with ihe terms and conditions of this permit,including.the State Highway Access Code ancl tisted attachments. This permit may be revoked by the issuingauthority if at any time the permitted access and its use violate any of the terms and conaitions of this permit. The useof advance warning and construction signs, flashers, barricades Lnd flaggers are required at alltimes during accessconslruction within State.right-of-way in conformance with the MANUAL ON uilIFORM TRAFFIC coNTRoLDEVlcEs' Part vl. The issuing authoriti,.the Department and their duly appointed agents and employeeJshal be heldharmtessagainsr anyacrion torpersonariniuryorprofertvoi'nig"i;"1;i"A;tr;-";;;;i;;';;#isl;ft;,,ii; LOCATION: on the south slde of rnterstate 70 south Frontage Road, a distanceof 4541 feet east frorn Mlle post 175. See Attached Sheet. COUNTY APPROVAL the appropriate local authority retains issuing authority. Bv (x)Date Upon the signing ot this permit the permiltee agrees to the termJino conoitions and referenced attachrenbi6iiiiiEi Jl",li_il:1ll-?o":I191l9"_.l"l1bo completed in an expeditious and safe manner and shail be finished within 4s crays from rl I MUNICIPALITY OR Required only when initiation. The permitted access. shall be completed in accordance with the terms and conditions of the permit prior tobeing used. The permlttee rhall noilfy AI Plerce wlth the Golorado Deparlment ol Hlghwayr In 328-6385.-.....-.--'at leasl 48 houB prlor to commenclng conslrucllon wlthln the state Hlghway rlght-of-way. The person access and as the permittee b€ the owner or legal ot the- property served by the Permlttee 4+?44t This permit is not valid until signed by a duty authorized representative of the state O€partment of Highways. STATE OF COLORADO,OF HIGHWAYS ROBERT ENGINEER Bv (x)931s 6-?2-89 1ils (Dale of issue) Title Required; l. Di3tricl (Original) 2. APPlicant,-- 3. Slall ROW and all it's Mak€ copies !s nec$sary tor; LocalAulhority In3pector MTCE Palrol Tratfic Engin€er cHl Pt6vio6 Edilions lrc Obaolato and will not bo usa DOH Form 16 ei8 COPY OISTRIEUTIOl{t Th.tollowangplragrapht.rapcrttnenluqnrroirn"a,"**,ii"yl"""rrcoo".rl""r"proytd.dtoryourconrrntcncrbu$'-. do nol !llevirlo complirnca with .ll 3octlonr of lhe Acco$ Code. A copy ol lh. Strtc Hlghway Acccr! Codc lf ayrll.blclrom youl locll l3sulng aulhotlty (loc.l goyornmont) or lho Slate Oepartmonl ol Hlghwryr (Doprrlmcnl). Whon lhlr parmll wm lr|uod, thrlsrulng rulhority made llr decldon bared In part on lntormstlon submltted by thc rppllcrnt, on thc.oc..r c.t gory uhlch la. a3signed to lhe hlghway, what.lternallve acce33 to othe. publlc roadr and rlroel! h ryellsble, !nd tlfol, rnd derlgn ilendrrdr, Chenge3In u3e or deslgn nol approvod by lhe permlt orlhel3rulng authorlty mry caule lhe revocallon orru!p.nllon ol the pcrmlL I Appe.l. 1. Should the permittee or applicant chose lo obiect to any of the terms or conditions of the p€rmii placed therein by th6Oepartment, an appeal must be filed with the Colorado Highway Commission within 60 days ottransmittalof th€ permit forpermittee signature. The request for the hearing shall be liled in writing and submitt€d to th€ Colorado Highway Commission, 4201 East Arkansas Avenue, Oenver, Colorad o 80222. Th€ requost shall include roasons for lhe appelt animay include recommendations by the p€rmittee or applicant that would be acceptabls to him. 2' The Department may consider any obiections and requested revisions at the request of the applicant or pormitt€e. It agreement is reached, the Deparlment, with the approvalof the local issuing authorily (il applicabl€), may revisothe permit accordingly, or issue a new permit, or r€quire the applicant to submit a new application for reconsiderati6n. Changei in ttreoriginal application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, mgelings, or negoiiations with the D€partment rggarding ,€vision3 and objections tothe permit' if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must bebrought to the Commission within 60 days ol transmittal ot the p€rmit. 4. Anyappeal bylheapplicant or p€rmitte€ of aclion bythe local issuing authority when il is the appropriate local authority(under subsection 2.4), shall be liled with the local authority and b€ consistent wilh the appeil'proceoures of the locilauthority. 5. lf the final action is not further appealed, the Department or local authority may record th6 decision with the County Clerkand Recorder. ll Conrlruciion rtandards and requlroment3 1. The access must be under construction within one year ol the permit date. However, under certain conditions a one yoar lime extension may be gtanted it requested in writing prior to permit €xpiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy ot the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway righFof-way must be completed within 45 daF. 4. lt is the responsibility oiihe permittee to com plele the construction of the access according to ihe terms and conditions ofthe permit. It the permittee wishes to use the access prior to completion, arrangements must be approved by th6 issuingaulhority and Department and included on the permit. The Department or issuing authority miy order i nan to an!unauthorized use of the access. Reconslruction or improvements to the access may be required when the permitteg haafailed to meet required specitications of design or materials. lf any construction elemenl fails within two years due toimproper construclion or material specitications, the permittee is responsibl€ for all repairs. 5' In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securslybraced with an approveP€nd post belor€ th€ lenc€ is cut 1o prevent any slacking otthe r€maining fencs. Allpostr and wirCremoved are Departmefit property and shall be turned over to a representative of the D6partme;t. 6' A copy of the permit shall be available for review at the construction site. It necessary, minor changes and addifions shall b6ordered by the Department or local authority field inspector to meet unanticipated site conditio;s. 7. The access shallbe constructed and maintained in a mannerthat shallnot cause water to €nter onto the roadway, and shallnot interlefe with the drainage system in the right-of-way. 8. where necessary to remove, relocate, or repair a tralfic conlrol device or public or private utilities for th€ construction of apermittect access, the work shall be accomplished by the permittee without costto the Department or issuing authority, and at the direclion of the Department or utility company. Any damageto thestate highway or other public rightJof-way beyondthat which is allowed in lhe permit shall be repaired immediately. 9. Adequate advance warning is required at alltimes during access construction, in contormance withthe Manualon UnilormTraffic Control Devices for Streets and Highways. This may include the use ol signs, flashers, barricades and flaggers. Thisis also required by section 42-4-501,c.R.S. as amended. The issuing authority, the Department and th€ir duly-a-ppointedagents and employees shall be held harmless against any action tor personal injury or property damage sustained byreason of the exercise ol the permit. lll Change! in ure and vlolationr I . lf there are changes in the use of the access, the access permit-issuing authority must be notilied of the change. A change inproperty use which mak€s the existing access design or use in non-conformanc€ with tha Access Code oithe termJandconditions ol the permil, may require the reconstruction or relocation oltheaccess. Examples of changes in access useare;an increase in vehicular volume by 20 percent, or an increase by 20 percent ot a directionai characteris-tic such asa tettturn.The issuing authority witl review the original permit; it may decide it is adequat€ or request that you appiitora new permit. 2. All terms and conditions of the petmit are binding upon all assigns, successors-in-interest and heirs, 3. when a permitted driveway i3 constructed or us€d in violalion ofthe Access Code, th€ localgovernment or Oopanm€nt mayobtain a court order lo halt the violation. Such access permits may be r€voked by the issJing authority. lV Furlher lnfo?matlon 1. when the permit holder wishes to make improvements to an existing legal access, he shall make his r€quest by f iling acompleted permit apptication form with the issuing authority. The issuing authority maytake action only oi the request torimprovement. Denial does not revoke the existing access. 2. The permitiee, his h€irs, successors-in-interest, and assig ns, of the prop€rty serviced by th€ access shall be rssponsible tormeeling the terms and condilions of the permit and the removal or clearance of snow or ice upon ttre acciss-Jvln tnougndeposited on the access in the course of Department snow removal operations. The Department shail mainrain inunincorporated areas the h ighway drainage system, including those culverts under the access which are part of that syslemwithin the right-of-way. 3. The issue date ot the permit is the date the Department representalive signs the permit which is after the permittee hasreturned the permit signed and paid any required fees. 4. The Deparlment may, when necessary for the improved satety and operation of the roadway, rebuild, modify, remove, orredesagn the highway including any auxiliary lane. 5. Any driveway, whether construct€d betore, on, oratterJune30, 1979, may be required by the Department, wilh writtenconcurrence ot lhe appropriate local authority, to be reconstructed or relocated lo contorm to tho Access Code, e ner atthe property owner's expense if lhe reconstruclion or relocation is necessitated by a change in the use ol the propertywhich results in a change in the type ol driveway operation; or at the expense of the Departirent if the recon"lir"tion o,relocalion is necessitaled by changes in road or traltic conditions. The necessity for the ielocation or reconstr;tion shallbe detefminou hv rFlF.anpo t.r thG ata.rdrrde rqt farth In ih€ Acaaar Cod.. PERIIIIT NO. 389036 1 2 Logql ordinance requires a construction perrnit from Tohrn ofVail. Dri,ygway_shall-be constructed 40 feet wid.e with L5 footradii. surfacing_ for drivehray approach is iEq"ii.a a,folrows: 12'r of "+?9. L gravet in'i]-[;; ilri!l-6;=of ctass 6gravel in 1, 6n lifts. - 3 Also 3rr of HBp- in.2, l.5olr-lifts of grade E, Ex, orequivalent. The asphart 6eneni in the HBp shall be Ac Lo.Approach and lanes Srratr. tre cons€iucc-a- flr-piiis-aatea3-7-89 last revision 3-9-89. No randscaiGg-;tiier thanSTa:: or.approved fl_owers shalt be ptace& fi tfre-ipproachsi.ght-triangles. .Upon.conpletion "i ifre-"ppr"i"n-"ffexisting _laidscapin| will 6E-iE"i"wea ana-iii-pr-ants foundto interfere witl t6e saie "p"i"[i"n of the ipiioactr shallbe removed. _!?n9" shall be constructed as per Colorado Department ofrlieh1?ys_ specificalioni, -wit[ i[e ;;ii;I;s"i5[!ii.r praced I:",ji""I_srade:_i.2n 4Bc , cr.r--r; G,, ABc; cii"=-e i and 3,,or dnri, Gradlnq E or Ex_plgcg.in the folloiring lifts: 2 _ 61.lifts; 1 - 6,'tifl'i z - r-.s" riiCs snouraeii -rong tne 15teed change_Ian9s shall be 4 feet ana pivea.- i[" ""wpavement shall slope on the same plane is tfre pi.""rrtpavenent surface. -The entire roah*Ji-"tirr--te-6iErraid with1.5r' of HBP. permanent highway s{riiring-""a-rig"Ing shallbe done by the cororado piiisi6n-or irigfiways -if,e-actuar .:??l :I-t!g_wo1r wi1l. be billed to trr--pefrittee. rhe costwill not exceed an estimat"a-Szooo. a hrqcisitREDW must.pr6vide certfEETiFthar atl L0 11 L2 - lrr-vy r\.s rvEl. LltI(;ctLIfJn f'naE allldork was done neeting speci-fication. cnnrrrrcairow wiir-uesenttotheCo1orado-piiisionofrrignware;Favernentdesign f or construction nay re -noai iiea' up6n:suu-:rn-ission ofan approved desiqn. by ? pro.fessional engiireer. sucfr aesignshalr have a str[ctuiar irumlei-no- 1"r" than 3.36. writtenapproval of the nodified design is requiiae ;;i;;"construction. l-19 d-rgipage fron this site sharl enter onto rthe surface ofthe higlway. Alr existing drain-ge structur4J--irrirr ueextended to acconmodate ill new 6onstructiori ana safetystandards.Contractor shall follow the applicable constructiongPecif ications set for uv ttre-'oepartrnent of Highways in thelatest nanuat W;e"tri;;tli;;-;#Ffy:ti?Ir:_.Il'" -p:y+tl:l::_ll.T9qi"d by the construction or rhis drivewa| andarr expenses incurred for repair. Any danage to any:Il:!lng Hishway facil_itie" ;h;ii re i.epiii6a piior tocontinuing other work.conpaction of sub-grade, embankments and backfill sharlggnply with section 2o3.rr or the oiviJi";-;i-Hitnr.y,Standard Specif ications.Conpaction of Hot Bituminous pavement-(HBp) shall conplywith-section 4oL.L7 of the division or'nitfrway--StanaaraSpecifications.rf frost is present in the sub-grade, no surfacing nateriarshall be plaied until_ "if-fi"rt'i= gorr" or removed.sar't or score asphart to assure a stiaight-eage-rJi patching.The first 20 fear beyond in"-"r"..st tritnwit'r.;;; includins -spegd change lanes, _snatt slope down and awiy froin tneligt'yly at-a 2r sr;qe.li-ensu-rJ propei -ar;i;as;-;;ntrol. Arr excavations on Utility lines, culverts, ofher trenchesor tunnels shall neet the-requirenents of toloradoDepartment of Highyaysr osHA,- colorado rndustrial commissionand the colorado-oivision of 'uinEs-wrri"[;;;;-;ppii"r. The area around the new work shalr ue weir-gritEd-to drain,top_ soiled, fertilized, mulched and. reseeded.Work shall BEGIN AFTER B:30 A.M, and all equiproent shall beoff the roadway BEFORE 3:30 p.M.'eacn a-y. 13 14 15 PAGE NO. 1 o rtrfs AGREEIIENT is dated as of tiay 22, 1989 by and betweenvl'IB Building corp., a l{evada corporation (vNB) and Vail crinic,Ine. d/b/a VaiI valley Medical center (rlospital). ..: ' ' nnciiars a. tlospital is engaged, in a tax-exempt borrowing tofinanee, in part, the cost of construction of a pirking structure(hereinafter rrParking Structurert) to be located generally at theeast end of Hospital's existing property and on an easenent to begranted to the Hospttal by Vail Holdtngs, a South Carolina generalpartnership. The legal description of the real property which issubject to the eaeenent and ls owned by vall Holdings ii referredto as the 'rVail Holdlngs ProperLyil and is described in Exhibit A.The property oqned by Hospital (the [Hospi_taI propertyrl) isdescri-bed in Exhibit B. b. vNB wishes to purchase an exclusive, irrevocablelicense to use parking spaces in the parking structure, ssject tothe terns and conditions herein. c. The parties wish to cooperate regarding the provisionof access to the Parking structure and the reconfiguration of theaccess to the vNB site from south Frontage Road, Vail, cororado. llOW' TIIEREFORE' in consideratlon of the mutual covenants andpronises contained herein, the parties agree: L. Constructlon of parklnq Structure. Except asprovided below, Hospital wi.Il construct, Et its expense, theParking structure, in substantial accordance with tha prans andspecifications which have been previously delivered to vllB.Nothing in this Agreement is intended to piovide vNB a right tooversee, approve, or veto any aspect of the construction of theParking structure, and wMc nay alter the plans and speci.ficationsas it deems necessary or proper. 2. Relocatlon of Access. a :..'"....,.:-!*.]: :; j: ' -.'1 easternpublic access to a c. VlfB will construct and pay for all work or other.coetE requJ.red to have the inprovements-shown wLthLn the croeelhatched lines on ExhibLt C ionior:m to Exhibtt C.' b. VNB wlll move lts exlstlngpolnt generatly opposlte the easternnost poEt offlce durLng entrance. the 4. Er \'NB naybtddlng or negotiatlon exercise stage of lts optl-on Hospital I s ae fo1lowe cconstructlon b. The |tCoet of thE Adrlitional parking Spacesrr, forpurposes of this Agreenent, shall be based upon the cosC of "addingonrr-twelve parklng spaces to the cost of conJtructLon of HosptiaitsParkrng structure. The coEt of the Adclitlonal parking spacei-"[i[be the difference betrreen the contractorrs estLnate- td uuitd thelarl+nq striucture and the sane contractorrs estiuate to buird theParking stnrcture enlarged to include twelve rpaces for vl[B. suchestinates shatl includg the actual hard consdnrct,ron cosis, pi"=the propo-rtlon of buildlng pr:rmit fees due to the aaalltinarconstructl.on, the proportion -or tne architectrs fee attributabreto additlonat construction (7.5t of hard constructron cosisi-inathe irroportton of the contractorrs perfortnance and palment bondpreniun attrLbutable to the additlonai constructfon Jf -trr?opiion"a parklng spaces, but shalt not include any cojts ior ventllatlon orsprlnklers for the parklng Structure. its contractor delIv ces by Hosp ) an amount equal toreIiJi-oi'""eari of, n deliverl.ng to ttospltll an iirevoialle letier or creart-erawn ,ii;;a- natlonal -bank, ln favor of the ltorpititr- i;;; a8ount equar to shall-be payable upon \tNBrs fairurl or refusar to pay the cost ofthe additional EDaces ult-h{n fhraa /.rr hrrar{raaaa .{a*r c^l 1^..r-- ..L^!!9 alairti-onal epa-i.as wlthl.n three (3) busine"" a"Pa te.l After receivlng notice of tire exerclie of VNBf s .o Parking spases, !1oip"t_t-.*"-.s*q+]]-' be de.prned to havg 7. Use and Locatlon of parklnq Spaces. o optJ-on, Hospitar wl-lI construct the Addttlonar parking spaces butwirl not charge vNB more than the cost of the Additi5nai parking spaces as defined above and presente'i to vNB prl"or to its exercis6of lts option. Fallure to exercise the optlon in strict accord,ancew_ith the provisJ.ons of the paragraph 4 Jhall result in a lapse of VNB| s optlon under -!hls agreenent. i5. PaEnent. Vt{B shall pay to Hospital the Cost of theAdditlonal Parking spacaa upon denind for payment by the llospitalafter completion of the Parking Structure (ttre - npay DaLeil) .Hospltal nay - denand paynent under thls paiagraph -upon tirecompletlon of !!" forlowing: a) conpletion or - tne - parkLngstructure; b) derivery to vNB of a varid certlfLcate of insuranc6coverage pursuant to paragraph 7t and c) delivery to vNB of a finatCertlficate of Occupancy for tlre earkiirg Struct-ure. 6. Grant of License. Upon completionStructure and full payment by VNB of the Cost of of the Parking the Facilities however, to llcense shallHospital anddeternine thetLeve-nise e be e by and between the Hospital and Colorado HealthAuthority. - Such license shall be perpetual , subject,all conditions set forth herein. b. -Ttre parking spacee shall be used only for theparklng of autonolrlles, notolcliclee, Ilght tmcks or ians, andshall not be used for storage.oi for-the parklng of rarge tmcks,busee, lrmousines, boats, tralrers, recreitlonal vehlclSs, "r iniother oversized vehlcle. c. VNB shalL be solely responsible for .the designation or authorizatlon of all pers6ns iniluatng enproyeeJ, o tenants and custoraers of wB who may uae the parklng spaces. underno clrcunstances-shall suclr persons l,e consldlred iiviiees, expressor inplied, of the Hospital. d. VNB shall" pay to Hospital , upon presentation ofa statement therefore, it.s pro rata shar:e of Hospital,rs costs ofcleaning and snow removal roi tne parklng structure. such pro ratashare shall be based upon tlre proportion of twelve parking spacesto the toE,al nunber of spaces in the parking struciure fion-tiue.to. tine- Hospitar shal1 pay arl otlrer costs of operation,maintenance, snow removal and util"itles for the parking siructure.llospital shalr maint,aln app::opriate property casualty and generalliability insurance .coverag:e on the -narking-Structure. Vl{B shallbe naned as an additional insured on such poricy or policies as j_tsinterest nay appear. vltB shall rnaintaln appropiiate property,casualty and general tiability insurance coverage with rlsplct toits property and operations. e. If the parklng structure is destroyed for anyreason to such an extent as to not alrow the usE of the specificparking spaces licensed by urB as provided Ln thls Agriement,Ilospital sharl erect one of the followlng three options: (i) llospital nay conmence rebuilding orrestoration of tbe use of t.he park.ing st,ructure and vl,lBrs sliacetwithin a reasonable tine after: the lols of usei or (ff) Hospi.t.al may relocate vNBrs licenserlparking spaces to another rocat.ion within the parking structure;or to another locatlon on.any other Ilospital property located atl-81. west, Meadow Drive,- vail , cr:lorado vrhich is not iubject to aright of reverter, as describerl in paragraph lOi or (fii) Hospital nay palr to \nIB an amount equal tothe pro rata unused portion of the Recapture period of the l-icense(as defined below in paragraph ro) tined the cost of the Additionalearklng spaces paid by vNB. upon paynent of such anount, vl{BrsLlcense shall te::minate and be -xtingtiisnea. f. Hospltal nay voluntarily denolish or raze theParking structure. rn the event Hospitai chooses to do so, itshalI elect either the.option descri.bla in subparagraph 7(e) (ii)or subparagraph z(e) (tii) , above with respect -to fxgis riclriseirspaces 8. . a. Vt{B shall pursue with alL dellberate speed theapproval of l-ts present proposed rezoning wtttr ,t1e Town of vail .upon signature of this Agreement by vr'lB, -ws shair promptly applyfor an access reperrnit and/or execute al1 other docuurLntg ne-esslryto secure the approvar of the st,ate Hlghway Department, the Towir o of Vail, or any other jurisdiction having authority over theredesign, relocation or construction of the access to SouthFrontage Road by the llosi:ital ft--on the parklng Structure asconternplated in Exhlbit c. b. This Agreement shall be ntrll and voici if thecolorado state HJ-ghway Department or any other 'body withjurisdiction over the access repennit, fails to approve and toi-ssue an access repermit by August I, LgBg, vrithout furtherliablllty to either party. 9. Vail Holdlnqs. a. If regulred by Vail Holdings, llNBts ll-cense shal1not extend to parking spaces located on the vail Holdings property. This Agreenent and any license granted pursuant to this Agreenenl,are subject to and expressly conditioned upon the existence of avalid easenent to be granted by Vail lloldingrs to the Hospital toenable the Hospital to construct the parking Structure and accessranps, and Hospj-tal nakes no representations or lfarranties withrespect to the such easernent. Ilospital shall have no obligationto. perforrn any provision of this Agreement if the easenent frornValI Holdlngs is not granted by Sep{enber 1, 1,989. b. Upon execution of this Agreement by the parties,vlfB r.rilr r.'el-ease the access reperroit application- descfibed inparagraph B (a) . If vail Holdings has not executed an agreementri!!. Hospital by June 10, 1989; which agreement reguit'es Vaillloldings to grant to Hospital an easement on the vail HoldingsProperty, 1 lB may withdraw l-ts accees repermJ-t appllcatlon. 10. Acknowledgenent of Reverter. . a. Vl{B acknowledges that the real property uponwhich ltospital j.s ]ocated and upon which a portion of t]he parkinqstructure is to be located is suuJect to a lorfeiture or reverterclause contained in a deed fron vail Associates, rnc. to vailClinic, Inc., recorded Decenber 2, L977 in Book 263, page 243 inthe records of the clerk and Recorder of Eagle county, colorado.vNBrs llcense to parking spaces is subjeCt to suiti right ofreverter. b. ff the real property upon which the parkingstructure is located reverts uacr to vail assocJ-ates, rnc. or itiassJ.gns durlng the Recapture period as deflned berow, then Hospitalsharr pay to vt{B an,amount eguat to the pro rata unused portion ofthe Recapture Period of the license tiues the coJt of theAddltlonal Parking Spaces paid by VISB. c. For purposes of this paragraph a, theRecapture Periodrt shall be a period of trririy (rol years from thedate of flrst occupancy of the parking st-ructure. After the o expiratl.on of the Recapture Period, no amount sharl be payab].e byHospital ln the event of a ross or extinguishment of vNB-rs-rLcensiby reverter or otherwj.se ,as pr:ovider! above. As an example, aesune (1) Cost of AdditlonalParklng Spaces equals $120,OOO; (2) Recapture period ls 30 years,and (3) due to rerocatlon of Hospltar, Ilospitarrs property rivertsto vail Assosiates 20 years afLer occupan-y or paixtng siructure.Hospital would pay to VNB $4O,oOO. $a/3O x gl2o,O0O = g4o,OOO.) 11 . @. If a pe.Jestrian bridge or walkwayconnecting the Hospitalrs parklng structure with VNBrs site i3required or imposed as a conclit,ion of any necessary approval ofHospitalrs parking structure or Vt{Bfs proposed rezoning by the Townof VaiI , Hospital agreea to pay the cost of such bridge oi wall'.way. L2.. Vail 4ssoclates. Inc. IJaiver or Release. Hospitalwlll obtain from Vail Associat:es, rnc. a docunent, in recordable fotm' -reasonably satisfactory to vNB, which waives, or rereases,i!: right of reverter only as to the easenent conveyed by VaiiClinic, Inc. to Vail professional Building croup, Ltd., dated2/L9/8L:, and described on Exhibit D, attached hereto andincorporated herein by reference. 13.MlscellaneouF. a. This Agreement is bindlng upon the heirs,successors and assigne of the partles. b. Tlne is of tlre essence of this Agreernent. c. This AgreemenL shall be governed by the laws oftbe State of Colorado. ' cl. Any provlsion of thls Agreernent prohibited by thelawe of the state of colorado or the united statLs of A:nerida orheld to be invalid by a court of conpetent Jurlsdlctlon shatL beineffectlve onry to the extent or sucf, provlsion withoutlnvalldatlng the renaining provisions of this Aireenent. e. This Agreement constitutes the conplete agreementof the parties hereto, and may not be changed or riodLfied exceptby another agreenent- ln writlng executed by both partles.f. . This Agreement or docunent signed by the partiesreflecting certain covenants herein or the litense -conteirplated hereby nay be recorded in the offlce of the Eagle county cteitc anaRecorder. 9.. YNB aqlrees not to oppose any fubure expansion ofHospital . Ilospital agrees nor to opp-ose any future expansion of VNB. h. Any notice requirecl to be given hereund,er shallbe deened to have been given when mailed by certlfied nail , returnreceipt requested, postage prepaid, .,ddresied, as follow, or if handdelivered to the person(s) and addresses below: If Hospltal: If to WIR: My cornnission expires : !.1; i::.:;l::l:i e:;!i35 hnu3ry 3' l33C vall valley.Medical CenterlSL West Meadow OrlveVail , coLorado 8:.657' Attn: Adrainistrator VNB Buitding Corporatlonc/o Hanover Realty corporat,ion 650 South Cherry Streetsulte L025 Denver, Colorado 80222 orin to such other address or person(s) as the parties may designatewritlng. /)wr' STATE OF COTpRADO ) ) ss. COUNTY OF Denver ) The foregoing was subscribed and sworn to before me bypaul w. Povters, vice President, vNB Building CorP. vart clrNrc, VAI].. VAIJ.EY rl{c. d/b/a }TEDTC]\L CENTER 7 : co Atteet: (SEAL) SIATE Ol COrroRADo coulrry o" 4&.=-_ l ""' -c#j"&'318:i' My connLeeLon explresI crlbed and swom to betora na byf,or{jglng was eubs Notary rtbll u3IN3o -lV0l03Fl ,l rN3l4l3SV3 3UnJ. lr, @tr,o -otft'r-r |r,.BXBT !sg:; ||||||ll€-'i6 ?,,t-f(,o'"*, {+, t l- -1trtrl io I Itt:ur Ir itlc 'tcr .r{ )lrt)9 (ouu ;ortq oFfi.;:o;ql 3o6r-& ,oo.cOUrta 0att, rar|.l !,oo F{ i{ It UI -h .'.qsi&jIg,q : \r) ""rt& ra.{ tlLr{ ltrtrl a)o ) I't:ur .l{i'c '1 C )9 '(OO,U ;c 9E of o';-ti{J 3i 61 !, I I *)t9r rta at, o r"l I >r lr }J rn(, cnco a !,uco !, oF{ It ..'.q cl (6l(rd| 1,1 t cr'i Ila, _crt>J ,|)€: .'{ lr) rla1o 0s,c /l )r Olrvr 6)rlJNOirn o rtaOoEG, ../ Ctr rcioc lt}{ }l!tr(!lc G' UA OlOlla{ | oa thtrO{ |r:.tt \oo( t'ro:clat t')' a0|tta(ol r|(ttIJ or{oE U rG tc,. it I ta , itr rtD ) f'l oJ.\r rl uo or r.Dutoa-..{ rn€o|!c !<t |Jidt') cng|cl.',< o>qr6.Q3 '.q.aJ I o 'Flttlio(tEli.r ( rg' lol\>.,;!I6r .i oi/ I,sr: o. u(O }rt.1 { |ol, or +,, 6g?6 ,otg, rJ!oo;g9 tl E {rlfr(9 Ot-gl\| B- ,{OO ll,$a t+a 0A erFtO ,'i uN5 tt! :.{ ii 3o *go- =>;;6 c i!,AT Ltj -b tii !l.lt9.rqi I i 3. arl uu' |Jo ^o llo -YO iruie !l +' Ioorog 3B coout $a o o'rTFI ON UEt|l6rrJi.< m'l"| orr(!su t0j Ar..o tsao,t or tr' '.r ir-1 :!lI A'1il-l,q,}J .Or,lo' i'q,u€r.9 n 9l .i e,4-c dioJ+t Jlrr =or'O 61 rtl vIF n| ar igiro '.i DlI>.O'{ c) oottn+rat |ttocoov) oo{J"cc# EO!tJ !6' OD OJ o''o...= adta.-6(6! o\ Fl( a , a.,u,ciI o; |iJ r a r'Jo.l), lo;F. nl { .ld abio po Orochwrr!o ooEE t|.oo u*, oono to '.{ {Jocoo QF!c $Lt|{[)|\lq,cl b.. E8 O,Fort 5uEa"E lrc!Jr'0r. rCitni lF{'d ictr I ,),,1 !i.js, J.o\, t.YN f.,6e :' '.tto.-e3 I \,r5o ottaa:i or>E.{coct oi?00lQN ottE '.1rro v, 9ob"54s .8" E'gc a9l q !,(t! !::.qn E'r !Ftc a 7 0r'c- Or(r. ( >! }.0!llr 3| tO c,s ,o& Ita) tta orE c oi s ooE-r.Jtl orsa) o!nltr+, .lct|. Eo Hs :EEoi;'lgt iiij EEEoot'^ l!sHr ? of +fl9cGlOr.rO3,!.\ r.a Fi +'. [,,.rNE 6(\l l->or!l-'8Eo-.r(Y8cad''t.t.E ^?e9 lgst{ x(tL t- B E rii E e a.g EXHIBIT A t- k h (t t, -..-i.... .... _..-. ._ -.,...,-.._-.--rr5 -.'-r'v- EXHIBIT II C IT 3 r\-- - {'\. -- \ )IJr,\ -'' '/4 .tqt0 6 s-soory ".,1. - -- -.- *-' 'it'Tntt *o*---_ JJ,I{"t{JI l PlRl ol rIXr E, NIENDED xAP or SHEET I oF z oF vArL vrrJ.AGE.EEeoxD rrLrHc, A suDDrvrgro[ RSCORDED rrt TIIE oFFrcE oF iHEEIIGII eoIrNtY' colpRlDo, cIrRX ^ND RECORDER, SAID PARI or rol eEETNC XORE PTRTICI'IARLY DSSCRIEED A5 FOIJ.OI{S: BEGIHNIITC AT TUE flORTHEASTERI.Y CORNER OF S&TD I'! E, THENCEsoum 10 DEGREES 18 !{!NUTES 17 SECOHDS ?'EST 146.00 FEET, AISNGTttg EASTERLY LIHB OP SAID InT E; TllIiNCE, DEPARTfNG SA!D' E.ASTERLY LIIIE, }TORITT 79 DEGREES {] ilIIN'TES 13 SECONDS WEsf 15.00 FEEI' THEHCE NORTTT 4 DEGREES 06 IITNUTES 35 SECONDS EAST a6.27 FEEII THEI{CE NORTII 10 DEGP.Elis 18 I{IlruTES 47 SECONDS EAST100.00 FEE!, TO THE NORTnERLY LIIiE OF SAID LOT E, THENCE SOUTH79 DEGREES '1 HT}TUTES 13 SECOITDS f.\ST 2O.OO FEET, AI.ONG SAID IIoRTIiERLY LINE TO THE POfllT or BECTIINING' i\s FlrRTttER DESCRIEEDIN EASEI.{ENI RECoRDED l('tRcH 13. 19n1 1o BOot( 3I9, AT PAGE 8gB. EXI.IIBIT S o AGREEMENT TRIS AGRAEMENT is made by and between vail Associates, fnc.,a Colorado corporatlo;r ("VA) and VNB Building Corp., a Nevadacorporatlon (uvtlo,tl and Vail CIlnic, Inc., d/b/a vail Valley.. Medical Center, arT€xas non-profit corporation and is dated as ofthe last date executed by the parties below. i PRET.}TBLES 1. By deed dated Novenber 23, Lg77 fron VaiL Assoclates,fnc. to Vail ClinJ.c, fnc., recorded Decenber 2, L977, in Book 263, Page 243, ln the records of the Clerk and Recorder of Eagle County, CoJ.orado, vA retained a right gf forfeiture or reverter, aE tocertain real property conveyed by such deed to VaiI Clinic, Inc. i and ': 2. By conveyance of easenent dated February 19, 1981. recorded on March 13, 1.981 in Book 319, Page 888, Reception No. 2L6258 of the Clerk and F.ecorder of EagJ.e County, Vail Clinic, fnc.granted to Vail Professlonal Building Group, Ltd., a Colorado Limited partnership, an easement to certain real property describedin such easenent as Parcel A; and 3. In order to prornote, facilitate achievenent of the expansion of Vail Clinic,Valley Medical Center, VA wishes to resolve any as to the assertion of any right of reverter with ..A, which eagenent is now owned by VNB. NOW, THEREFORE, in consideration of thecontained in this AgreernenL, the parties agree: and expedite theInc., d/b/a Vail doubts rernainlng respect to Parcel mutual covenants 1. \llf B agrees a certain agreenent dated to execute and perforrn all provisj.ons of llay 22, 1989, by and between VNB and VaiICenter, wh of tage the legal description of whlch Road. 2.ls attached As to Parcel A only, h_ere!9 and. Lncorporated herein as Exhlbit A,to as Exhlbit B, and a map VA hereby or 977ic, e Ytis assfqn ,'. -t 3. Thts document may be recorded at Vl,fBrs expense rN WTTNESSJ{HFF8OF, the partj.es have executed thls Agreenentas of the date above. vArL ASSOCIATES, INC.,a Colorado corlporation By3 Title I STATE OF COLORADO couNry oF €?1/. i "=' /ef oing f^IaS bscrlbe sworn to a ('ar o c-i n|. t , 1989. t19 before rne to before me by by4Jso I'Iy connission expires : (sEAL) STATE OF COIFRADO couNry oFq/apAJ-i t"' The fo s 6tt- day o My conrnlssion expired ing was subscribed and sworn STATE OP COIPRADO My connission expLres: s subscribed and BT{'OTN , 1989. to before na by couNrv oF IFJTIZ- i " Efo s ffit;;;,---t o EXIIIBIT A PARCEL E A part of_.!gt E, Anended ttap of Sheet 1 of 2 of Vailvrrrage, second FIJ-ing, 'a subdlvlsio'n ;";a;e ln the "riic"-6Fthe Eagle County.,. Co].orado, Clerk ana necoiaer-, Jifa-pait-;idiE belng nore partlcularly described as eottows:' -.49-v-i11rng at the northeasterry corner of said Lot E, thances 10o18t47n w 146.00 fgut, arong th"-easterry ltne of sala Lot;;thence,-,departing _sa.ld ^easterlf line, l,l -igtct,fir w 15.o0-i""t,thence N 4o06rr35rt 9 46.27 feetr- thence N rO"1Br [i" A fOO.OO i;a;!o lhe nortlrerly line of said Lot 8; thenee s 7go4lr13n E zo.o6feet, . along said norther.ry r.ine- .f,o the point or - uegin;G,containlng 2805 sguare f,eet-or 0.064 acres, niore or !.ess. H3gs -LJ it1= E9 tdl e "iI zri i 9S P sg!a EI t9 -2 =ax> fi; o ;'sTR[cruRF ESSEME{j' :'Ltr C l( | Lll( SliE AO ..\ t:lLlhr(i ct'13"w r7? !t' rtf on,vt _ IrPttrtlPlnt/t(a tRa:t !rl'E \,I LLA(:E .rL'r l:lLlt{(: POufrot or tu,a ouac to rt -ttEuovEo -'- ?tCtL C€ ttn SuLotHG -- \o .tz .J J t:J t' 15 ! I lr. l,-. i i )tnL \i hl t\i o l1r"--'ri r{ / IIQtlt{t\l\ ,xt.l I ontra '.' j x tgc at' tt' f r,oo t5 L---_.| 20I Utt!rtftr3tttL I t I i s lc r8' .t" trvutnlT , zo' Project Application Date Proiect Name: Proiect Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Block Filing , Zone - Com ments: Design Review Board Motion by: Seconded by: APPROVAL DISAPPROVAL : ---------:; --I .:- Summary: own Stafl Approval FZ .t/a./zAf' &,*-' MINUTES VAIL TOt,tN COUNCIL MEETING MAY 16, 1989 7:30 P.M. A regular meeting of the Vail Town Counci'l was held on Tuesday, May 16, 1989, at 7:30 p.m. in the Counci'l Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Gail t,lahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: Eric Affe'ldt Michael Cacioppo Merv Lapin T0VJN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was 0rdinance No. 9, Series of 1989, second reading, an ordinance requesting a rezoning from High Density Mu'l tiple Family Zone District to Commercial Service Center, with a special development district, to allow for additional parking, loading, and an expansion of the Vail National Bank Buildjng. The full title was read by Mayor Rose. Rick Pylman reviewed the changes made sincefirst reading: 1. VNB Parcel , used in the title and jn the third paragraph of the ordinance was changed to VNB Building.2. Under Section 4,2., the landscape plan drawn by Dennis Anderson Associates, Inc., was revjsed May 12, 1989.3. The entire paragraph under Section 8 was deleted and replaced with "Amendments to the approved development plan may be granted pursuant to Section 18.40.100 of the Vail Munjcipal Code." Rick then discussed the revised landscape plan. Sidney Schultz, representing the Vail Natjonal Bank, explained the request and the problems which would be incurredif the Council denjed the ordinance. Mayor Rose gave addit'i onal informat'ion for Tom Steinberg, who was absent at first reading. Gail Wahrlich-Lowenthal noted she voted against the ordinance at first reading and explained why, but she respected the situation tonight and did not want to stop the project. She felt the project inherited the prob'l em and did not create it, so she would vote for the ordinance. There was then some discussion on alternatives. John Slevin made a motion to approve the ordinance on second reading with the changes noted, and Gail Wahrlich- Lowenthal seconded. A vote was taken and the motion passed unanimously 4-0. The second item was Resolution No. 23, Series of 1989, creating the Town of Vail Transportation and Parking Advisory Commjttee. Stan Eerryman stated the staff was bringing this resolution to Council at Council's request. He gave brief background informatjon on the Task Force's actjvitjes sjnce 1984, and commented the resolution would formally create an Advisory Committee. He then listed some of'the names of those pnesently on the Task Force (other than the Mayor and Town employees): Two Council members - Merv Lapjn, John Slevin Two Planning and Environmental Commission members - Sidney Schultz, Diana Donovan One person from Vajl Associates, Inc. - Joe Macy One person from the Forest Service - Bil'l l,lood One person from the Department of Highways - Rich Perske One person fron Eagle County - Jim Fritze Five citizens from the Town of Vail - George Knox, Dave Gorsuch, Rob Levine, Lee HolIis, Dave Rimel He then asked that they be ratified as the Advisory Committee members. There was some discussion regarding the citizens, and it was decided to delete the words "from the Town of Vail" for any future changes in members. A notion to approve the nesolutjon with the wording change in H. was made by Tom Steinberg and seconded by Gail Wahrlich-Lowenthal . A vote was taken and the motjon passed unanimously 4-0. The next agenda item was the Robert Gunn request for a front setback variance and modjfication of the 100-year Mill Creek floodplain (342 Mill Creek Circle). Mike Mollica explained the applicant's two requests, then reviewed the cri teria used in these requests. He stated staff recommended approval of the variance request because it would create a hardship on the appficant if it was not granted. As far as the floodplain modification, staff recommended approval with three conditions: 1. That a permit from the Army Corps of Engineers, either and Individual or a Natjonwide Permit, be obtajned prior to the issuance of any building permit for the ProPertY.2. That approval from the Federa'l Emergency Management Agency be secured pri or to the issuance of any building permit for the property. 3. That a groundwater analysis be completed, as an addendum to the EIR, prior to the issuance of any building penmit for the property. Said analysis shall conclude that there will be no adverse affect on adjacent properties regarding the issue of groundwater. He then noted the Planning and Environmental Commission recommended unan'imous approval of the stream rnodification and the front setback vari ance. Mike then stated the 250 square foot request was tabled untjl the next PEC meeting at the applicant's request. The PEC was opposed to the applicant's 250 request and was about to motion for denial of the 250 request when the applicant requested tabling; the PEC voted unanimously for tabling. He then read a letter from Mr. Higbie opposing the stream modification and noted he had received letters earlier from two others in favor of the stream modification. Mayor Rose comnented the Council called this issue up to discuss and understand it more. Jim Morter of Morter Architects, representing the applicant, felt the 250 square foot request could be put to rest because nothing could be done until the.applicant went through the Design Review Board. He stated the applicant would be within the allowed GRFA without requesting the additional 250 square feet, but they did want the ability to go through the DRB. Council had some discussion on the 250 GRFA. Tom Steinberg stated he would only agree to approval if the applicant agreed not to app1y. for the additional 250 square feet before the five year limit. Jim Morter stated the applicant did not need the 250 square feet and was within the GRFA allowed. Larry Eskwith explained what the 250 ordinance would allow; there was more discussion. Jim Morter reviewed the problems of building on the lot and how it came about. He remarked why it was a hardship and showed how they would change the stream f1 ow; he then reviewed the relocated creek and how it would be improved. Bill Ruzzo djscussed the technical aspects of moving the creek. He stated they had turned in the report and analysis to Mike Mollica this evening for the first and third conditions required by staff. Regarding the second condition, FEMA approval , they were in the process of making application at this time. They had rnet wjth the Region Director in Denver and had submitted the required forms. Technically, the applicant was not encroaching into the 100-year floodplain, but they will proceed for the map 1ine revision due to the creek relocation. He asked Council to change the condition so as not to depend on approval for a building permit. Mike Mollica agreed; they would change to an occupancy permit instead of a building permit. There was some discussion of a sedjment problem during construction, to which Mike Ruzzo responded. Jim Morter commented Mrs. Gunn wanted it in the record that any trees damaged for a period of up to three years after the construction (as a result of the construction) will be replaced. A motion was made by Gail Wahrlich-Lowenthal to approve the request for a front setback variance and modification of the 100-year floodplain because of staff's findings that this will not grant a specia'l privilege and will not injure the public's health; a1so, the variance is warranted because the strict interpretation of the guide1 ines would produce a hardsh'i p for the applicant; a1so, that approval be granted in accordance with the staff recommendations in their memorandum to the Planning and Environmental Commission dated April 24, 1989, except to modify condition no. 2 to change the wording from a building permit to an occupancy permit. The motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. Tom Steinberg asked staff to bring back the 250 ordinance for evaluation. After some discussion, it was decided to review general GRFA items at the next Council Work Session. Gajl suggested Council needed to do site visits to identify what's right and wrong, and do it when all seven Council members were here. Staff agreed this would be addressed sometime in June. The fourth order of business was the Fritzlen and Pierce appeal of the Planning and Environnental Commissjon decision to deny a sjde setback variance request (2998 -2- South Frontage Road West). now: Mike Moll ica reviewed the chronological events up to 1. A variance request was approved by the PEC on January 23, 1989, to allow this property to be cons'i dered for rezoning by the Town Council. The approved variance was for a 6,620 square foot shortage in the minimum lot size of the Primary/Secondary Residential zone distri ct. 2. The Town Counci1 approved a rezoning request, from RC to P/S on March 7, 1989. This rezoning has allowed for the addition of a secondary, rental unit on the lot. 3. The PEC, on March 27, 1989, unanimously voted (7-0) to deny the applicant's side setback variance request. The PEC found that the request would be a grant of special privilege and that the applicant's stated hardship was self-imposed. M'i ke then reviewed the crjteria and findings staff used in consideration of this request. Staff and the PEC had a problem determining the physical hardship and felt approving the request would be a grant of special privilege. Staff recommended denial , and the PEC voted unanimously 7-0 for denial . He then presented photographs of the residence to Council. Willjam Pierce, the owner and applicant, exp'l ained exactly where the stair would be located and its uses; he also discussed why the other alternatives would not be as acceptable. There was some discussion on the alternatives and why staff felt there was no physical hardship. John Slevin felt this was a special situation not normally shared with others and therefore could be approved on this basis. After some discussion, Mike Mollica stated no other areas were real 1y affected, but the PEC very clear'ly felt there were other options. He discussed what options the PEC felt were available, but the Council generally did not agree with the PEC's decision. John Slevin made a motion to overturn the PEC's denial decision regarding the side setback vari ance request with findings in Sect'i on 4 of the Community Development report, and more specifically, the exceptions/special conditions that apply to this applicant. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimous'ly 4-0. The next item was a Landmark Condominium sign variance request. Betsy Rosolack remarked the Landmark was requesting a third sign (two are permitted) for a total of 24 square feet of signage (20 square feet are permjtted). She stated they wanted the third sign for the east side; they have two a'l ready, and this third sign would result jn a total of four extra square feet. She reviewed the criteria and findings used by staff in studying this request, and noted staff supported the request for the third sign and the 4.3 addition square feet. Betsy also commented the Design Review Board recommended unanimous approval 5-0 for the variance request. Aften a short discussion by Council, Gail Wahrlich-Lowenthal made a motjon to approve the sign variance request in accordance with the findings of the staff memorandum dated May 16, 1989. John S'l evin seconded the motion. A vote was'taken and the motion passed unanimously 4-0. There was no Citizen Participation. There being no further business, the meet'ing was adjourned at 9:35 p.m. Respectful 1y submi tted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MINUTES VAIU T0WN COUNCIL MEETING TUESDAY, MAY 2, 1989 7:30 P.M. A regular meeting of the Vail P.M., in the Council Chambers Members Present: Members Absent: Town Officials Present: Town Council was held on Tuesday, May 2, 1989, at 7:30 of the VaiI Municipa1 Bui1ding. Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Gai I Wahrl ich-Lowenthal Michael Cacioppo Merv Lapin Tom Steinberg Ron PhiIIips, Town Manager Pam Brandrneyer, Town Clerk The first order of business was approval of the minutes from the April 4th and 18th, 1989, meetings. Eric Affeldt moved to approve these minutes. John Slevjn seconded that motion. A vote was taken and the motion passed unanimously 5-0. The second order of bus'i ness was Ordinance No. 9, Series of 1989, a fjrst reading, an ordinance requesting a rezoning from High Density Multiple Fami'ly Zone District to Commercial Service Center, with a special development district, to al'l ow for additjonal parking, loading, and an expansion of the leil Nati !,. Mayor Rose read the title in ful'l . Rick Pylman explained the reason for this zoning request stating that the existing VaiI National Bank Building consjsts of a three-story office building, with two levels of underground parking. The first floor of the building is occupied by the Vail National Bank, wjth the two upper floors leased to various professional offices. The site upon which the building sjts js in the High Density Multiple Family Zone District, and at the time this project was built'i n 1976, the office space was approved as a conditional use. Later, office use was removed entirely as a use from the High Density Multiple Fami1y Zone Distri ct. As a result, any addit'i onal office space would not be allowed today. For this reason, the owners of thjs building wish to rezone the property to Special Development District, with limited under'lying uses listed in the Commercjal Service Center Zone District. The applicant is requesting to restri ct the permitted uses to the folIowing: 1) Professional offices, business offices and studios 2) Banks and financial institutions3) Business and office services4) Travel and ticket agencies5) Additional offices, businesses or services determined to be similar to permitted uses Crjterja to be used in eva1 uating this proposal were those for a request for zone change as well as the nine development standards, as set forth in the Special Deve'l opment District Chapter of the Zoning Code. First to be considered was evaluation of a zone change request from High Density Multiple Family Zone District to Special Development District, with underlying commercia1 service center zoning' 1) 2) 3) 4) Suitability of existing zoning. Is the amendment presenting a convenient, workable relationship within land uses consistent with municipal objectives? Does the rezoning provide for the growth of an orderly, viable community? Criteria relating to the land use plan, i.e., the land use plan designates this area as resort accommodatjons and services, but the land use plan does not specifica] 1y designate this site as an office area. Staff be] ieves that the office use does make sense due to the following:A. The property's proximity to the South Frontage Road and I-70; and B. Other adjacent offices and public uses such as the hospital and Mun'i ci pa1 Bu i 1di ng; andC. The fact that the office use already exists. The second grouping of criteria relates to design standards or c1i teria in evaluating SDD proposa'l s. 1) Design compatibility and sensitivity to the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bu'l k, building height, buffer zones, identity, character, visua'l integrity, and orientation.2) Uses, activity, and density that provide a compatible, efficient, and workable relationship wjth surrounding uses and act'ivity'3) Compliance with parking and loading requirements as outlined jn Section 18.52.4) Conformity with the applicable elements of the Vail Comprehensive P1an, Town po l i ci es, and Urban Des ign p1ans. 5) Identification and mitigation of natural and or geologic hazards that affect the property on whjch the Special Development District is proposed. 6) Site plan, building design and location, and open space provisions designed to produce a functionai development responsive and sensitive to natural features, vegetation and overalI aesthetic quality of the community.7) A circulation system designed for both vehicles and pedestrians on and off site traffic circulation. Rick noted at this point that this area specifjcal 1y was of Planning Commission concern in regard to a pedestri an walkway between the bank and the hospital .8) Functjonal and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views, and function.9) Phasing Plan or Subdivision Plan that wil'l maintain a workable, functional , and efficient relatjonshjp throughout the development of this special development district. The Staff recommendation was for approval of this rezoning and Special Development District, with the following conditions: 1) The owners receive a CD0H approval for their access permit request before a building permit js released for the proposed bank expansion.2) That the uses a'l 'l owed under the Special Development District with the underlying Commercial Service Center Zoning shall be limited to the fo'l I owi ng:a. Professional offices, business offices and stud'iosb. Banks and financial institutionsc. Business and office servicesd. Travel agenciese. Additional offices, busjness or servjces deternined to be similar to permitted uses. Retail uses are specifica1 1y not allowed on this Property.3) Any landscaping that dies within one year of the transplanting sha11 be repiaced wjth a similar size and type material by the owners of the bank. In respect to the cottonwoods, if they die, three new trees having each a diameter of 8" to 12" shal1 replace the existing trees. The height of the new trees shall be a minimum of 25 feet. This later was amended by Planning Commission to include the wording that any landscaping that dies within a two year period of transplanting shall be replaced with a sjmjlar size and type material by the owners of the bank.4) If the loading zone is relocated in the future, the new location shall be approved by the PEC using the major amendment to an SDD review process. Mr. Pylman summarized by saying that the staff felt it was appropriate to rezone th'is property to a district that allowed for office use. He also stated that staff believed the special development d'i strict zoning allows for flexibility and the thorough review of any future development on this particular site. He fjnalized his comments by commending the owners of the bank and the hospital for working together to address both staff and PEC concerns. At this point, several individuals from the audjence spoke on behalf of the applicant. Sid Shultz, acting as architect, spoke to the pedestri an access and landscaping; Paul Powers, working with the Vail National Bank Building, addressed on-site parking; and Jay Peterson, an attorney representing the bank build'i ng, addressed parking as it relates to the travel agency that has been included jn this revised ordinance. Eri c Affeldt then moved to approve Ordinance No. 9, Seri es of 1989, on first reading, with a second from Mike Cacioppo. Gajl I'lahrlich-Lowenthal stated she would vote against this ordinance due to her belief that parking was inadequate. She also requested that the staff should really evaluate what is going on with this particular building as it relates to the rest of the corynunity and potent'i a1 renovations and requests of this sort that the staff and Council will be seeing in the future. Eri c Affeldt, in regard to his motion, also strongly suggested that DRB work with the Vail Va1 1ey Medical Center for the pedestrian bridge between the two properties, those properties being the medical center and the -?- bank building. Mike Cac'i oppo a1 so stated strong feelings regarding the potential of the loading zone in its present location and the difficulty that this would create. John Slevin requested that staff revise its policy on office building parking, and with this, a vote was taken and the motion passed, 4-1, with Gail l,lahr'l ich-Lowentha'l voti ng aga'inst that mot ion . Item 3 on the agenda was action on a proposed contract to vacate 66 square feet of Forest Road rjght-of-way in exchange for $30,000.00 (Rnn Rynne, Charles Biederman). Kent Rose supplied background in regard to this proposed contract stating that a new proposition was to be presented to the Council. He described this new proposition as follows: That the $30,000.00 would be assessed for use or purchase of an easement and that this easement would remain encumbered untiI such tjme that the property was renovated or torn down. Jay Peterson, attorney for the applicant, further stated that this should be viewed as a perpetual easement, subject to the terms Kent hadjust described. Clarifications were then made in regard to Resolution No. 17, and pertaining to this easement. Those changes were as follows: Resolution No. 17 changed to Number 22; and The easement should be between the Town of Vajl and Forest Road Associates, rather than Charles Biederman; and A new survey, including the garage overhang, be completed and attached to the easement. To coincide with current Town of Vail Building Code, it was discussed that as far as the garage being destroyed, this means more than 50% of that garage structure being destroyed. Wjth these changes, John Slevjn moved to approve Resolution No. 22, Series of 1989, and Kent Rose seconded thjs motjon. Gordon Erittan spoke at this time to state as a citizen of the Town he felt the only equitable way for the Council to handle this matter was to require the garage to be torn down. John Slevin then amended his motion to jnclude the changes previously discussed, as well as, changing the term "residential" on page 2 of the Resolution to "garage". A vote was taken and the resolution passed 4-1, with Eric Affeldt voting against this resol ut ion . Backtracking to Item 3, Act'i on on Proposed Contract to Vacate 66 Square Feet of Forest Road Right-of-Way in exchange for $30,000 (Ron Byrne and Charles Biederman), no action rvas taken. In regard to ltem 4, Ordinance No. 10, Series of 1989, first reading, an ordinance vacat'ing that portion of the platted Forest Road right-of-way, Vail Village, first filing, and setting forth detajls related thereto, John Slevin made a motion to deny the ordinance, and this was seconded by Kent Rose. A vote was taken and the motion passed unaninously 5-0. The next items of business were Resolution Nos. 6,7,8,9, 10, tt, t2, 13, 14, 15, 16, 17, 18, 1.9,20, and 21, Series of 1989, designating the fo1 lowing as depositories for the funds of the Town of Vail as permitted by the Charter of the Town, its Ordinances and the statutes of the State of Colorado. They are as fol I ows: 1) 2) 3) Resolution No.6 Resolution No.7 Resolution No.8 Resolution No. 9 Resolution No. 10 Resolution No. 11 Resol uti on No. 12 Firststate Financial , 0r1ando, Florida Sterl ing Bank, Burbank, Ca1 ifornia Security Bank of Kansas City, Kansas City' Kansas Farmers State Bank, Denton, Montana Coral Coast Savings Bank, Boynton Beach, Flori da Bank of Horton, Horton, Kansas First Federal of the Carolinas, High Point, North Carol i na San Antonio Federal Savings Bank, San Antonio, Texas Sterling Savings & Loan, Irvine, Cal ifornia First Savings & Loan, Beverly Hills, California Frankl in Bank, San Mateo, Cal ifornia Security Savings & Loan, Chicago, Illinois Hawthorne Savings & Loan, Hawthorne California Midstate Savjngs & Loan Association, Baltimore, Maryl and Exeter Bank, Exeter, New Hampshire F irst Nati onal Bank of G lens Fal I s, Gl ens Fal I s, New York Resolution No. Resolution No. Resol uti on No. Resol uti on No. Resol uti on No. Resol ut'i on No. Reso'l ut ion No. 13 14 19 16 77 18 19 Resolution N0.20 Resol uti on No. 21 -3- GaiI }lahrlich-Lowenthal moved to approve these resolutions, with a second from John Slevin. A vote was taken and the resolution passed 4-1, with Mike Cacioppo voting against these resolutions because he was unfamiliar with Security Bank of Kansas Ci ty. Item 6 on the Agenda was Proclamatjon No. l declaring June, 1989, as Colorado Recycling Month. Eric Affeldt moved to approve this proclamation with Mike Cacioppo seconding that motion. A vote was taken and the motjon passed unanimously 5-0. The next item of business was action to grant permission to the Vail Metropolitan Recreation District for the construction of Vo'l Ieybal l Courts at the east end of the Athletic Field on Vail Va'l 1ey Drive. After a brief discussion regarding the positioning of these fields and some introductory remarks by Pat Dodson, John Slevin moved to grant permission to the VMRD for this construction with the provision that if parking problems occur, the VMRD Board address and cornect them. Eric Affeldt seconded that motion. A vote was taken and the motion passed unanimously 5-0. Under Citizen Participation, there was none. There be'ing no further business, the meeting was adjourned at 9:50 P.M. Respectful ly submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town C1 erk Minutes taken by Pamela A. Brandmeyer -4- ftl\qz,,.lo' ORDINANCE NO. 9 Series of 1989 AN ORDINANCE REZONING A PARCEIJ OF I,AND LEGALLY DESCRTBED AS THE VNB BUILDING, ACCORDING TO A PI,AT TO BE RECORDED WITH THE EAGLE COUNTY CLERK AND RECORDERS OFFICE FROI'{ HIGH DENSITY MULTIPLE FAI'fiLY TO COI{MERCIAL SERVICE CENTER AND ESTABLTSHTNG SPECTAL DEVEIOPMENT DISTRICT NO. 23 FOR A PARCEI.,, OF I.AND LEGALLY DESCRTBED AS THE VNB BUILDING ACCORDING TO A PI,AT TO BE RECORDED WITH THE EAGI,E COUNTY CLERK AND AND RECORDERS OFFICE IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MI'NICIPAL CODE AND SETTING TORTH DETATLS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special Development Districts within the Town in order to encouraqe flexibility in the developnent of landi and WHEREAS, application has been made for Special Developnent District approval for certain parcels of property within the Town known as a parcel of land IegaIIy described as the VNB parcel , according to a plat to be recorded with the Eagle county crerk and Recorders office to be known as special Deveropurent District No. 23, commonly referred to as the Vail National Bank Buil_ding; and WHEREAS, application has further been made to rezone a parcel of land legally described as the VNB Buildj_ng, according to a plat to be recorded with the Eagle county clerk and Recorders office fron High Density Murtiple Family to cornmercial service center in order to allow for the range of uses and activities proposed for Special Developrnent District No. 23t and WHEREAS, in accordance with Section 18.66.L4O, the planning and Environmental commission held a pubJ-ic hearing on the proposed zoning arnendment and the proposed SDD, and has subrnitted its recommendation to the Town Council; and I{HEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail . NOW, THEREFORE, BE IT ORDAINED By THE TOWN COUNCIL OF THE TOWN oF VAIL, COLORADO, THAT: Section l-. The Town Council amendment as set forth finds that the procedures for a zoning in Chapter 18.65 of the Municipal Code of the -t - v-e Town of VaiI have been fully satisfied, and all other requirernents of the Municipal Code of the Torlm relating to zoning amendrnents have been fully satisfied. Sectlon 2. The Town Council hereby rezones the property rnore particularly described in E><lribit A, attached hereto, frorn Higtr Density Multiple Farnily to Comnercial Senrice Center. Section 3. The Town Council finds that all the procedures set forth for Special Development Distrlcts in Chapter 18.40 of the Municipal Code of the Town of VaiI have been fully satisfied. Section 4. The Town Council finds that the developrnent plan for Special Development District No. 23 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or d,emonstrates that either one or rnore of theur is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the developnent plan for Special Developrnent District No. 23 is approved and Special Development District No. 23 is hereby approved for the property described in Exhibit A. The development plan is conprised of those plans submitted by Sidney Schultz - Architect AIA, and consj-sts of the fol.lowing docunents: 1. Architectural Plans designated as Sheet A1 through A5, dated April 10, 1989 2. Landscape Plan drawn by Dennis Anderson Associates, Inc., dated April 10, 1989' revised May 12, 1989. Section 5. The development standards for special Developrnent District No. 23 are approved by the Town Council as part of the approved developnent plan as follows: A. Setbacks setbacks shall be as indicated on the site plan set forth in Section 4 of this ordinance. -2- e B. Heiqht Building heights shall be as indicated on the elevations and roof plans set forth in Section 4 of this Ordinance. C. Coverage Site coverage shall be as indicated on the site plan set forth in Section 4 of this Ordinance. D. Landscapinq The area of the site to be landscaped shall be as generally indicated on the prelLrninary landscape plan set forth in Section 4 of this Ordinance. E. Parkinq Parking dernands of this development shall be net in accordance with the off street parking requirernents for specified uses as stated in Section 18.52 of the vail Municipal Code. Section 6. for Special DevelopmentFollowing are conditions of approval District No. 23: / L./ The owners receive a Colorado Department of Highways approval fbr their access pennit request before a building penoit is released for the proposed bank exgransion. / ?/. The uses allowed under Special Development District No. 23 withv_-the underlying Cornnercial Senrice Center zoning shall be linlted to: A. ProfesEional offices, business offices, and studios. B. Banks and financial institutions. C. Business and office senrices. D. Travel agencies. E. Additional offices, businesses, or services determined to be sinilar to pernitted uses. Retail businesses are specifically not allowed as a use with Special Development District No. 23. (g/-- Any landscaping that dies within 2 years of the transplantingV shatL by replaced with a similar size and type naterial by the owners (e -3- It'I of the bank. In trees having each existing trees. feet. ( respect to the cottonwoods, if they die, three new a dianeter of 8 to L2 inches shall replace the The height of the new trees shall be a urinimum of 25 -V Section 8. Pfts - ad> If the loading zone is relocated in the future, the new location Yshall be approved by the Planning and Environmental Cornrnission and Town Council using the major anendnent to a Special Developnent District review Process. Amendnents to pursuant to Section Section 9. the approved development plan nay be granted 18.40.100 of the Vail Municipal Code- If any part, section, subsection, sentencer clause of phrase of this ordinance is for any reason held to be invalid, srrch decision shall not affect the validity of the renaining portions of this ordinancei and the Toun 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 by declared invalid. Section 10. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and ltelfare of the Town of VaiI and the inhabitants thereof. Section 11. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty irnposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as comnenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -4- .-( (f{f,rlrnooucno, READ AND pAssED oN rrRsr READTNG THrs ?qd *:-t:,^f"-i 1;;; ";" a public hearins shall be beld on this ordinance on the 2nd day of Mav ' Lggg at 7:30 p'm' in the Council chambers of the Vail t'tunicipal Bullding' Vail' Colorado' ordered publlshed ln full g6i5 2nd day of Mav ' 1989' rlr'l)/t INTRODUCED,READ AI.ID APPROVED ON SECOND RE'ADING AND ORDERED PUBLISHED ln fulL this JlL dav 9f Mav t 1989' ATTEST,:; i li Ir ti IJ I I I EEffieYer, Town Kent R. Rose, -2- att=f(DJ.ocl- 5 ctqor>o'Tt- ',f-ottoo,+=ct ,f!,(c! (D -.D (CI 5ar 39,r (tro -nci o5o cr = -E t- a)!,OrOat -eo o-t =oq,rat 9J (oE(D 5.A 'C at @E3oo orr 5o o,ot,rt o5 ool.lg 5 v, oo3 CT 5 5 tct t-oFt l\) tl l\)l\) @so + -{-!,o c+ I tl 5(to ur rrr{trf| o ctr o o.D I,r.D >< 5! -rc+U,:eo. 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(D . 0-J)U'OO . -lr(D5a c?cr -rEoroo,oor-trcL- 5(o o t\, rr t! la,Jct o o la./,O-lC)-bo|,c+ -h Oct()Aooo'n (, OE It O 5 O )-r F.c+5. O -lr(D a g, Q -t I \.1 OCO O 5 J= -'c+ -t aS ul - clcto O. q,Cr-r- f\t Or {F C t, - l, = (+o, o J.o o@ ur (, 5 Jo @ @.(1 o, = {r }Q *O X 6) oJFCL|o O <+ q(1 F (r -r. ...o . o o Jo -fl @oo -h . \eo >J.= < . {t g, Ll o- -tr (,5 O O . r.!. (, .+ ('l'5 J (Jr={i It (D (D q, O9, -tl- O Cl - >eJ .+o-r o --,5- o,Oat. . -ir F:...rl-s|to1(D -,. -r. oo cLo5-(D(D(+ N r\) F F l..r Nt lrnoosct d) 5 l><at g lFl{r + {r -ti t$ lat,r+rtdci -h { l-{dolFl 'l=or o lG,i=. JOHN W. DUNN PETER COSGFI FF ARTHUR A. ABPLANALR JR. ALLEN C. CHRISTENSEN TIMOTHY H. BERRY , ]ERRI S. DIEM Law OFFtcEs Cosenrrp, DuNN & ABpLANALp a PAF NERTXTP |IICLUD|I{O A pFOfC3ltO[^t CoFpAF ttor{ VArL NarroNAL BANK ButLotNG SurrE 3oo P O, Box aa99 VATL,CoLoRADo 8t658 TELEPHoN E: (3O 3, 476-75'52 TELEGOPf ER! (3O 31 476-4765 April 25, 1989 IN LZADVI LL:t CoSGRTFF:, DUNN c BERRY 2 C'. tox tl LEADVTLLE, COTORAOO eOaCl (7r3t rraG-t3al Town of Vail 75 S. Frontage RoadVail, Colorado Re:Vail Inn Inc Gentlemen: We represent Vail Inn, Inc. In connection withthat representation, I would appreciate your putting ourfirm, at the above address, and Bob Kenneyr P. O. Box 1835,Vail, Colorado 81658, on the mailing lisl for projects withrespect to which notice is reguired to be sent to Vail Inn,Inc.r the association of condominiun orirners at the DoubLeTree. Thank you very much. ,;Yours very tru1y, cosGRrFF, DUNNl* JWD: kem Dunn THE PROFESgTONAL CORPORATTON tS OUNN A ABPLANALP, p,C. tN VAIL, Planning and Environnental ConurissionApril 24, L989 STAFT PRESENT Pylnan MollicaMike PRESENT EiGifronovan Peggy osterfossSid Schultz,fin Viele Kathy Warren ABSENTffiF-crist Pan Hopkins The neeting was 1. called to order by the chairnan, Jirn Viele at 3:15. Sid Schultz, architect for the bank, abstained on this application. The staff presentation, given by Rick gzlnan, outlined the criteriafor the rezoning request, and gave the staff reconmendation of approval with conditions 1 through 4 located in the staff memo, rtetEed April 24, 1989. Sid Schultz nade the presentation for the Vail National Bank. Diana Donovan questioned sid schultz regarding property lLnes; the extent of the planter area north of the bank; concern about travel agencies generating hiqh volumes of traffici two year survival requirements of all trees transplanted; and pedestrian access to the adjacent property to the west. Peg(ry Osterfoss stated her belief that the zoning would beappropriate, as the SDD would lirnit the allowable uses. She requested it be spelled out that retail is not a pernitted use. She questioned Sid regarding more landscaping on the site and agreed with Diana concerning a pedestrian connection with the hospital parking structure to the west. Kathy warren questioned the Bank/Hospitat parking agreement forjoint-use spaces in the structure. She basically agreed with Peggy's and Diana's comments. She stated that she would like to see theretaining wall, at the northwest corner of the property, be rebuilt. Jin Viele agreed with the staff on the rezoning. A motion was made by Peggy osterfoss for recomnendation to Councilfor approval of request with conditions 1 through 4 as per the staff meno, but suggested the following changes in those conditions: 2. #2 - Uses allowed: add - retail not_a pernitted use #3 - Iandscaping: two year warranty Peggy also suggested having the DRB consider a pedestrian linkagefron the bank to the hospital site (with lighting). Kathy Warren seconded the notion. The vote was 4-O-1; Sid Schultz abstaining. to vacate a I Va Villaqe 2nd Fil Frontaqe Road.I National Bank Buil Co Rick Plzlnan presented the Minor Subdivision request to vacate a lotline and gave the staff recornmendation for approval . PEC wlll takefinal action. Kathy lilarren notLoned and Peggy Osterfoss seconded the notion for approval . The vote waE 4-O-1; sld Schultz abstaining. est fo ck variance ch includes the for Lot 10, B ock Va Gunn The staff presentation was made by I'tike Mollica. Mike described thesite plan and proposed anendnents to the house and creek. The najor change in this proposal would be the relocation of the creekcorridor. The staff gave a recommendation for approval wlth conditions. The applicant's presentation was nade by Jin Morter. George Caulkins, owner of Iot 6, stated his concern about the creekrelocation. He asked for some assurance that the relocation would not damage his house. Kathy Warren was concerned about the creek relocation and questioned the 250 Equare foot reguest. Peggy Osterfoss noted the precedence offront setback variances in the neighborhood and did not support theadditional 25o sguare foot of GRFA. Sid Schultz found no problenwith either the front setback or the creek relocation. He aLso had no problen with the 250 square foot request. Diana Donovan did not support the 25O square foot request conbined with the varlance and was concerned with noving the creek. Jin Viele supported the front setback, creek relocation and 250 square foot requests. Jin Morter then addressed some of the Connissioner's concerns. Kathy warren notioned to allow encroachnent of the requested setback variances as per the staff memo. The notion nas seconded by sid t porti.on of I1 Creek as it b Villace lst F Schultz. The vote was 5-O Ln favor. Peggy OsterfoEs notioned for approval of the creek nodification asper the staff memo, including the staff's recommended threeconditions, and also recommended that the staff investigates FEMA'srole in the creek relocation. Kathy Warren seconded the motion. The vote sag 5-O in favor. 3. Kathy Warren moved to table the next meeting, at request of theby sid. The vote wag 5-O In favor. Pat Dauphinais said he would regrade reseed in the fall. ,tin viele agreed with the staff memo spacerr landscaping should be left up 250 square foot proposal untLl theapplicant. The notion was seconded this spring/sunner and woul.d and also agreed that the rropen to the DRB. anendment final lat revisi o f Parcel D onsr 22 a:Da The Staff presentation was nade by Rick Pylnan. Rick expLained the evaluation criteria and gave the Staff recomrnendation for approval . The applicant's presentation was nade by Peter Jamar. Peter stressedthe importance of the l.nclusion of Lot 25 into thls project. Hls obJection is with the Staff's suggestion that rra more signlficantll Iandscape plan be subnitted for the open space. Debra Clements, representative for Solar Crest homeownere, stated concerns regarding the proposed Lot 25 access fron Lions Ridge Loop. She clairned that if Lions Ridge Loop was to be used as access to Lot25, Solar Crest homeowners would have no parking. Peter Jamar and ilay Peterson responded to those concerns. Debra Clements requested tabling of the proposed application so Solarcrest could do further legal research. The discussion regarding the Solar Crest parking concerns continued at length. Kathy Warren rras concerned about the rropen spacerr landscaping andalso about soiLs compactJ-on and site grading for the entire project. Peggy osterfoss reconmended the conmon rropen spacen area have relief from formal landscaping, but suggested natural grasses alone nay not be enough. Diana Donovan reconmended that a tine tinit be placed on conpletion of revegetation. to Kathy warren motioned for approval of the requests as per staff netno, including a more significant landscape plan for the open space parcel. Diana Donovan reconded tlre notion. 'lllro votc war 5-0 Ln favor. DLana Dono\tan lotloned to table untll ne:rt neetlng on ltay 8, 1989. llhc notion var seconded by Peggy Oeterfoss.llhe vote ra8 5-O Ln favor. lllre ueeting sa. thcn adJourned. To: Planning and Environnental Connission FROM: Conununity Developnent Department DATE: April 24t L9g9 SURTECT: Request for a Minor Subdivision to Vacate a Lot Line between Lot 2, a Resubdivision of Lot D, Vail ViIIage 2nd Filing and Tract D, VaiI Lionshead 2nd Filing.Applicant: Vail National Bank Building Corporation r.THE REQUEST The applicant is requestingto conbine Lot 2 rrith TractBuilding property. Lot 2 iss.f. The purpose of the lotIots so that the parking instraddLe two properties. to vacate a lot line in order D on the Vail National Bank 22,840 s.f. Tract D is 1-,430 vacation is to combine the twofront of the bank will not IT. CRITERIA FOR APPROVAL The criteria to evaluate a minor subdivision i-s outlined inthe purpose section of the Subdivision Regulations inSections L7.40.0L0 B: rrTo these ends, these regulations are intended toprotect the environment, to ensure efficientcirculation, adequate improvements, sufficient open space and, in general , to assist the orderly,efficient and integrated development of the Town ofVaiI. These regulations also provide for the proper arrangement of streets and ensure proper distributionof population. The regulations also coordinate the need for public services with governmental improvenentprostrams. Standards for design and construction of inprovenents are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light andair. AIso intended is the inprovement of land records and surveys, plans and plats and to safeguard theinterests of the public and subdivider and provide consumer protection for the purchaseri and to regulateother natters as the Town of Vail Planning and Environmental Comrnission and Town Council may deem necessary in order to protect the best interests ofthe public.tr The application complies with the purpose of theSubdivision Regulations. lllre Connunity Developnent Department recomends approval ofthe reguest of the lot line vacatlon. By consolldatlng Lot2 and Tract D, the parking ls provided on one property whlch Ls clearly necessary. TO: FROM: DATE: SURfECT: Planning and Environnental Commission Connunity Developrnent Department April 24, L989 Request to Rezone LoE 2, A Resubdivision of Lot D,Vail Village 2nd Filing and Tract D, Vail/Lionshead2nd Filing from High Density Multiple Farnily toSpecial Development District with Underlying Cornmercial Service Center Zone District to Allow forAdditional Parking and Loading and an Expansion of theVail National Bank Building, 108 South Frontage Road.Applicant: Vail National Bank Building Corporation REASON FOR THE REZONTNG REQUEST The existing Vail National Bank Building consists of athree-story office building with two levels of undergroundparking. The first floor of the building is occupied bythe Vail National Bank with the two upper floors Leased tovarious professional offices. The site upon which thebuilding sits is in the High-Density Multiple Farnily zonedistrict. At the tine when the project was built in 1976,the office space was approved as a conditional use. Later,office use riras removed entirely fron the High-DensityIifultiple Fanily Zone District. As a result, any addition of office space to the buildingwould not be allowed today. For this reason, the owners ofthe building wish to rezone the property to specialdevelopment district with lirnited underlying uses listed inthe Comrnercial Service Center Zone District. The appticantis requesting to restrict the perrnitted uses to: 1. Professional offices, business offices, and studios.2. Banks and financial institutions.3. Business and office services.4. Trave1 and ticket agencies.5. Additional offices, businesses, or services deterninedto be sinilar to perrnitted uses. The combination of the special development district zoningwith the underlying zoning in Commercial Service Centerallows the applicant the opportunity to expand the bank andredesign parking/loading and landscaping for the project.This zoning approach is proposed due to the fact that theVail National Bank property does not easily conply with anyexisting zone district within the Town of Vail. eresentlll I. II. the Town of VaiI Zoning Code does notthat is prinarily office. This lirnitplus the special development district zoning designation that is conpatible development on the property. PROPOSED DEVEIOPMENT have a zone districton the tlpe of useswill allow for awith the existing A. Bank Expansion The Vail National Bank proposes the following changesto the building. All of the expansions occur on thefirst floor of the building. 1.. Interior expansion of the bank: 658 s.f.2. Exterior expansion of the bank,northside of the building: 462 s.f.3. Conference space, southeast corner of the building: 382 s.f.4. New entry vestibulez 238 s.f.5. Total sq[uare footage: 1,740 s.f. * The existing building has a total office squarefootage of l-9,976 s.f . Of this total anount,approxinately 5,544 s.f. is for the bank. These numbers do not include conmon corridors, restrooms, stairs and the elevator. The additions do not encroach any further into theexisting setbacks. The existing parking structurealready encroaches into the north/front and east/sidesetbacks. In respect to height, the additions do notincrease the existing maximun building height. B. Parkinq,/L,oadinq,/Circulation The Bank expansion requires additional parking. Fiveexisting short-tern bank parking spaces to the northof the building are currently entirely within thefront setback. In order to add parking in a way thatcoincides with the traffic circulation plan, th-existing ninety degree spaces will be restriped tosixty degree one-way parking. Two new parking spaceswill be added to the north of the building. Beciuseof the location of the existing building on the site,any additional parking off of the Frontage Road mustalso be within the front setback. The ColoradoDivision of Highways will not allow the applicants tolocate either loading or parking on public right-of- lfay. In addition, a new short-terrn loading zone will beIocated adjacent to the northwest corner of the bankproperty. The land for the loading area is actually c. ostned by the hospital . They have agreed to allow forloading in this area. Please see the attached letterfrom the Vail Valley Hedical Center documenting theirapproval of this plan. Circulatj-on through this site will be changed so thatvehicles must enter from a ne\^r east entry and exit theproperty on the west side. Traffic flow will belimited to one riray movements heading east to west.The eastern access into the site has been relocated sothat it is aligned with the Town of Vail post Office/Municipat euilding entrance. The redesign ofthe traffic circulation in front of the bank is perthe Frontage Road Improvement Plan that is alsoconnected to the Vail Valley Medical Center andDoubletree proposals. The Colorado Division of Highways also requested that an acceleration lane beprovided in front of the bank property. This newacceleration lane is to be used by vehicles exitingthe hospital parking structure and. bank property sothat vehicles will have roorn to merge with South Frontage Road traffic moving east. Landscaping Due to the relocation of the east entry access to thebank and two new parking spaces, a large portion ofthe existing landscaping on the northeast corner ofthe Vail National Bank property and Colorado Divisionof Highways right-of-hray will be removed. Inactuality, a rnajority of the current landscaping infront of the bank is on highway right-of-way.Approxinately 1,800 s.f. of planting is on VailNational Bank Building property. To mitigate this loss of landscaping, the applicantproposes to transplant all of the existing trees andshrubs affected by the access and parking. Irfost ofthe landscaping (except three spruce trees) will bereplanted onto bank property. A nerd landscape rnedianis also proposed between the Frontage Road and theshort-term parking area on the north side of the bank. The median is approxinately eight times the size ofthe existing rnedian. The median is also necessary toreinforce the new circulation pattern and neet the CDOH requirements for separation between access points along the Frontage Road. (Please see attached Landscape Sumnary). III. CRITERIA TO BE USED IN EVALUATTNG THTS PROPOSAL Several criteria are to be used to evaluate this request.First, the three criteria for a request for zone changewill be used. The second set of criteria will be the ninedevelopment standards as set forth in the Special Development District chapter of the Zoning Code. IV. EVALUATION OF ZONE CIIANGE REQUEST FROII! HIGH-DENSITY IIULTI- FAMILY ZONE DISTRICT TO SPECIAL DEVEI,OPMENT DISTRICT I{ITH UNDERLYING COIO{ERCIAL SERVTCE CENTER ZONING A. Suitability of Existinq Zonincr The purpose of the High-Density Multi-Family ZoneDistrict states: Section L8.2O.010 "The High-Density Multiple rarnity District isintended to provide sites for multiple fanilydwellings. . .together with such public and semi-public facilities and lodges, private recreationfacilities and related visitor oriented uses asnay appropriately be located in the samedistrict. . .The High-Density Multiple FanilyDistrict is intended to ensure adequate light,air, open space, and other amenities comnensuratewith high denslty apartrnent, condominium, andlodge uses and to maintain the desirableresidential and resort qualities of the districtby establishing appropriate site developmentstandards. Certain non-residential uses arepennitted as conditional uses which relate to thenature of VaiI as a winter and sunmer recreation and vacation connunity and where pernitted areintended to blend harmoniously with theresidential character of the district.r' Due to the fact that the VaiI National Bank Buildingis exclusively an office use, it is evident that theexisting zoning is inadequate. The Conmercial Service Center zoning purpose states inSection l-8.28.010 of the Zoning Code: rrThe Conmercial Service Center District isintended to.provide sites for general shoppingand connercial facilities serving the town,together with limited nultiple-family dweli.ingand lodge uses as nay be appropriate without - interfering with the basic conmercial functionsof the district. The cornmercial service center district is intended to ensure adequate light,air, open space, and other amenities appropriateto permitted types of buildings and uses, and tomaintain a convenient shopping center environmentfor pennitted comrnercial uses.rl Cornmercial Service Center Zoning with a linit on thepernitted uses to include only professional offj.ces, business offices, banks, and business and officeservices in combination with the Special DevelopmentDistrict Zoning allow for a zoning designation that is cornpatible with the existing project as well as theproposed expansion. The proposal meets the purpose ofSpecial Developrnent District which states: Section 18.40.02O Purpose ItThe purpose of the Special Developnent Districtis to encourage flexibility and creativity in the developnent of land in order to promote j-ts mostappropriate usei to improve the design, character and qualj-ty of the new development within thetowni to facilitate the adeguate and econornicalprovision of streets and utilitiesi to preservethe natural and scenic features of open spaceareasi and to further the overall goals as statedin the Vail Cornprehensive Plan. An inproved development plan for a Special DevelopmentDistrict in conjunction with the properties underlying zone district, shall establish the reguirements for guiding development and uses ofproperty included in the Special DeveloprnentDistrict. rl The differences between IIMDF and CSC are rnarginal dueto the fact that the bank property is alreadydeveloped. The differences that would affect future development are: csc HDMF Density .40 .60 18 units/acre 25 units/acre Site Coverage 17,L30 L2,526752 55* Parking 5Ot covered 758 coveredparking parking Landscaping 2OZ 3ot Please see the attached zoning sunmary which compares HDMF and CSC Zoning to the existing developrnent. Staff supports the rezoning request as it is clearthat the existing zone district is inappropriate dueto the lack of any office use being listed in nigh-Density l.tulti-Farlily. We also beLieve that, although CSC is not an exact zoning match for this project, the CSC/SDD zoning provides for the best means to reviewdeveloprnent on this property. B.Is the enti nvenientRelatiostent w Staff believes that the office use for this site isappropriate. The surrounding parcels have thefollowing zoning: Location le North: West: West: East: South: Proiect Town of Vail Municipal Bldg. Vail valley Medical Center Zoninq Public Use District Public Use District Doubletree Hotel SDD Scorpio Condos IIDUF Skaal Haus HDI'{F The office building is compatible with surroundinguses, particularly the adj-cent public use parceli.Impacts on the Scorpio and Skaal Haus projects due tothe bank addition should be mininal . Traffic thatexits by the Skaal Haus may actually decrease to sonedegree due to the new loading and circulation plan onthe Frontage Road side of the project. The-applicant has also recognized that the presentproject does has problems with loading, parking andcirculation of traffic on and off the sile. fheproposal-addresses these concerns by redesigning thecirculation pattern, adding two additional parking spaces as well as one loading space. Staff believesthat an office use for this site is appropriate andshould be recognized within the zoning for theproperty. Does the Rezoninq Provide for the Gfowth of an The Crossroads, project is the only other parcelwithin the Tonn that is zoned CSC. Atthough the nanyretail uses at Crossroads makes sense for thatproperty, staff believes it is necessary to exclude c. retail uses from the bank project. Traffic that couldbe generated by certain retail uses such asbars/restaurants, clothing stores, ski strops, etc.could have dramatic negative irnpacts on parking andtraffic. The owners wish to maintain the office usesin the buiJ.ding. Hotrever, in the future, if specificretail uses are desired, the request could be reviewedby anending ttre SDD. If a future request to changethe development plan occurs, the najor and minor amendurent to the Special Development Districtprocesses will allow for a reasonable rneans to reviewsuch a request on the site. Land Use PIan The Land Use PIan designates this area as Resort. Accommodations and Services. This area is describedas follows: rrThis area includes activities aimed at accommodating the overnight and short-ter.mvj.sitor to the area. Prinary uses includehotels, lodges, service stations, and parkingstructures (with densities up to 25 dwellingunits or 50 accommodation units per buildableacre). These areas are oriented toward vehicular access fron I-7O, with other support comrnercial and business services included. Also allowed inthis categoryr would be institutional uses andvarious municipat uses. rr The Land Use PIan does not specifically designate thissite as an office area. However, the designation does. state that support conmercial is desirable. Staff beLieves that the office use does make sense due to L)the property,s proximity to the South Frontage Roadand f-70; 2) other adjacent offices and public usessuch as the hospital and municipal building; and 3)the fact that the office use already exists. V. DESIGN STANDARDS IN EVALUATING SDD PROPOSALS D. The followj-ng design criteria shall be usedprincipal criteria in evaluating the meritsSpecial Development District. as theof a proposed the Inmediates1tibilitv and Sensitivitv toEnvironment, Ne rhood and Adiacent rtiesRelative to Architectural Des ScaIe Bulki1dHeight, Buffer Zones, fdent CharacterVisual Inteqritv and Orientati6il. The Bank expansion is compatible with the existingdesign of the VaiI National Bank Building. The A. proposed north inpacts on the facade should nass and bulk have no significantof the building. B.Uses Act t Provide a Eff ent and Workab e Relat Uses and Activ The existing office use has proved to be generally compatible with the surrounding uses which are condominiums and the VaiI Valley Medical Center. Theprimary impacts of this project on adjacent properties have been on parking, traffic circulation, andloading. The proposed plan should rnitigate sorne ofthese existing problems. Compliance with Parkinq and Loadinq Recruirements asOutlined in Section l-8.52. c. Below is a summary of existing and proposed parkingfor the project: PARKING SI'MMARY 1. Existinq Parkinq North side: 5 West side: 13 South side: 5Structurei 7O 93 spaces Parkinq Required for Proposed Expansion 87 spaces 3. Interior expansion of bankExterior expansion of bank sQ. FT. 658 462 SPACES 3.3 2.3 Conference 38 TotaI L t5O2 4.Parking Proposed 95 spaces* 2 new spaces are added infront of the bank; parking is angled to direct traffic floweast to west. The project meets all of its parking requirements. A nelr loading space is proposed on hospital property adjacent to the northwest corner of the bank property. Presently, there is no loading space in front of the ta 'i ces Parkincr Re(5 spaces D. E. F. Vail National Bank Building. Instead, vehicles parkalong the South Frontage Road to service the building.The applicantrs new loading space will allow for off-site loading for the project. Originally, the applicant had proposed a loading spaceon the northeast corner of the property. This loadingspace required extensive retainage as well as theremoval of several large trees. Atthough the proposedloading space is not a perfect solution, staffbelieves that it does provide for a safe andfunctional loading area. The loading will also bescreened by landscaping. The staff has tried tobalance the need to retain existing landscaping andthe loading needs of the project. We believe that theproposed loading space provides a reasonablesolution. Conforrnitv,with the Applicable Elements of the Vail Cgmprehensive Pl-an, Town Policies and Urban Desiqn P1ans. This site is addressed in the Land Use Plan and isdiscussed in the rezoning section of the memo. Identification and Mitiqation of Natural and./orGeolgqic Hazards that Affect the Property on which theSpecial Development District is Proposed. Not Applicable. Site Plan, Buildinq desicrn and location, and open space provisions desiqned to produce a functional development responsive and sensitive to naturalfeatures. yeqetation and overall aesthetic qualitv ofthe community. The proposed building expansion does not encroach anyfurther than the existing parking structure does intorequired setbacks. It is clear that there are impactson the landscaped areas on the northwest corner of theproperty. However, it should be emphasized that thernajority of the existing landscaping in this area ison CDOH right-of-way. The applicant has committed totransplanting the existing vegetation onto the VailNational Bank property. We believe that the proposalwill result in a project having a high aestheticquality. A Circulation Svstem Desicrned for Both Vehicles andPedestrians On and Off-Site Traffic Circulation. The improvements in front of the Vail(excluding the two additional parkingof a larger Frontage Road fmprovement National Bank spaces) are part Plan that G. involves the Doubletree and hospital properties. Regardless of whether or not two additional parking spaces are added in front of the bank, the CDOH requirernents call for the bank property to redesigntheir traffic circulation in order to have a trafficcirculation plan for the bank, hospital , andDoubletree properties that functions well. Landscaping would need to be removed in front of theVaiI National Bank property to allow for the new access drive and median. CDOH has specific requirernents as to the amount of separation that isrequired between access points on the South FrontageRoad. The circulation plan ca1ls for vehicles toenter on the site only on the east end of the property and exit out the west end. This traffic flow was deemed to be the nost compatible circulation pattern.This traffic fl-ow pattern also has its problern. However, it was decided that it was better to enter onthe east end of the site as opposed to having VailNational Bank visitors also enter on the west withvisitors to the hospital. Staff does not have a letter from CDOH on the bankproject. However, Dave Leahy - TDA, Inc., trafficengineer, has subnitted the plan to Rich Perske to keep hirn up to date on the project. Our understandingis that CDOH does not have any major concerns with theproposal . It is evident that circulation for the VaiI National Bank property as well- as hospital and Doubletreeproperties is not perfect. However, the engineers forthis circulation plan were forced to deal with theexisting circumstances on these sites. In general ,the staff believes that the circulation plan is a vast improvement over the existing circulation at the VailNational Bank property. H.Functional and Aesthetic Landsca ln ce inOrder to Preser1e NaturaRecreation. Vi.ews and Function. A balance between landscaping as well as the need forparking and the nelr access drive is not easy toachieve on this site. The owners are willing totransplant every tree and shrub that will be affectedby the new access dr]ve and parking into a plantingarea on the Vail National- Bank property and Hospitalproperty adjacent to the loading area. The proposedplan allows for the retention of the landscaping whilestill meeting the reguirements for circulation,loading and parking. The staff believes that the otrners have done balance by: 1. Increasing 2LO square everything possible to create this the size of the rnedian planter fronfeet to Lt684 square feet. 2. Transplanting all of the affected trees and shrubs onto Vail National Bank property inlocations which will enhance the north elevationof the building. 3. Connitting to transplant the three 35 to 40' cottonwood trees lnto a planter approximately 2O'to the east of their existing location. It isdifficult to transplant trees of this size. Holrever, the owners have also agreed to replacethe three cottonwood trees with three large cottonwood trees having sinilar diameters of 8rlto L ft. if the original trees die. (Please seeletter from Dennis Anderson on transplanting trees. ) Staff supports strongly the owners efforts to addressour original concerns about removing so muchlandscaping. The landscape plan is very positive andwill be a benefit to the project and surroundingproperties. IN Plan or ubdivision Plan that will Maintain a Workable Funct onal and Eff cient Relatout the develonment of this Spec al Develoct. Construction will be phased as follows: 1. Bank interior and exterior construction SPringr/Sumner 1989. Landscaping and Parkingr/Circulation ImprovementsFall 1989. This scheduling makes sense as it will be better to transplant the trees this fall as opposed to this sunmer. VI. STAFF RECOI'{MENDATION staff recommends approval of the rezoning and Special Development District with the following conditions: L. The owners receive a CDOH approval for their accesspennit request before a building permit is releasedfor the proposed bank expansion. I. 2. 2. The uses allowed under the Special DevelopnentDistrict with the underlying Connercial Service Centerzoning shall be linited to: a. Professional offices, business offices, andstudios.b. Banks and financial institutions.c. Business and office services.d. Travel and ticket agencies.e. Additional offices, businesses, or services determined to be similar to perrnitted uses. 3. Any landscaping that dies within one year of thetransplanting shall be replaced with a sinilar sizeand type material by the ordners of the bank. Inrespect to the cottonwoods, if they die, three netttrees having each a diameter of Itr to l-2rr shallreplace the the existing trees. The height of the newtrees shal1 be a ninimum of 25 ft. 4. If the loadinq zone is relocated in the future, thenew location shall be approved by the pEC using themajor amendment to an SDD review process. I{e feel that it is appropriate to rezone the property to adistrict that allows for office use. We also believi thatthe Special Developnent District zoning allows for theflexibility and the thorough review of any future development on this site. We would like to commend theowner,s of the Bank and Hospital for working together toaddress the staff and PEC concerns. LANDSCAPE SI,M}T,ARY A. I,ANDSCAPING ON VNB PROPERTY ONLY: EXTSTING S.F. I LandEqgpe Tvpe * of Site Landscaped Planting 3,100 489 Total 6,399 PROPOSED s. F. 2,949 I Landscape Type * of Site Landscaped Planting 6s8 Sidew TotaI 6,399 (Existing) 2 35 4r560 19t - 4,55O (Proposed) : 2,34L s.f.. (net decrease) B. I,ANDSCAPING ON \INB PROPERTY PLUS CDOH RTGHT-OF-I{AY EXISTING s. F. 5,286 I Landscape Sype PlantingrDeck,/Sidewa1k 3,299 62* 38tTotal PROPOSED 8, 585 s. r. 4 ,632 t Landscape Tvpe Planting Sidewalk 6L2TotaI6 r244 742 262 8,585 (Existing) - 6,24'4 (Proposed) : 2,34L s.f . (net decrease) Apri1 21, 1989 Planning Commission TOWN OF VAIL 75 South Frontage RoadVail, C0 81657 RE: Proposed Remodel of Vail National Bank Building Commi ss'i oners: I ncl osi ng, I review of the pt Gt*no),'' rotar.",\9r-. :.--' you for your consideration of these issues in sed expansion of the Vail National Bank Building. As a consultant to the Scorpio Condominium Assocjation, I have briefly reviewed the site plan for the proposed remodel/expansion of the Vail Nationa'l Bank Building and offer the folloling comments: * Trash Dumpster The Bank Buiiding, Scorpio Condominiums and Alphorn Condominiums currently share a trash dumpster, and have done so for a number ofyears. For most of that time the dumpster has been located on the vlestern portion of the Scorpio property; its location providing an unattractive feature for persons arriving at Scorpio Condominiums by automobile. It seems that with a simple relocation of the fire department connection and possibly a few other minor modifications, a trash enclosure cou'ld be constructed at the southeast corner of the Bank Building. Perhaps the representatives of the Bank have anothersolution. I'lithout resolution of this jssue, Scorpio Condominiums cannot support any further building expansion. * Mutual Drainage Problems The Bank and Scorpio share an access easement between Alphorn and the Skal Haus Condomniums. Scorpio has experienced drainage problems with run-off from the Bank's property, particularly in the area near the west parking gate. Scorpio vrould like to receive confirmation of mutual effort toward resolution of th'is common problem. * Pedestrian Access Limited pedestrian access exists between the Bank and Scorpio at thistime. Scorpio would like assurance that modifications to grading and,/or retaining wa1 ls do not jnhibit access through th'is easement. thank iliam Pierce, Archi tect Its i .P O.U Jgq, LO+, '- bq L E t\' tL .!o t! o' O O. rF. 3trt L Lur +J v, . o . o o E(o rts tt cD r! lF . > E.F< 0,!\. . rf O!@ LLO)- O V, . u.-: IL(vt d ull+) Ul olt Jru (9 x .r ole be q- c .6 9^U'c, o'-q (Y) ar| @o o.Fo(!p s CL - |! 5 F{F tON .Y'- EtE .! O ()+rP - U'l i€ I PF EF <f o Od, f\ L .! O O ! qrF - Ur . sPFl F{ O <f O g1 AO Ul rF.ooo .!OPo h Ptioq-()l aov\ o o o-c)l N i-{ (\t .E El J=' J!lt'Ltcto6FL,- ll+,. 15!Ora- . c,OU,.IFLo . o .Pv, >x =(\t iQ |e o L O(o lrt $,t o u |E Lro |<) lrlc) cl rF-@-€(\I s .J- [r| O qF{ O rO O r\ E.F q) LI.|! P\lF ah.+Jlrl+)<f rF c5'o@t<f to.!(\t-Ut a,+rccL.!.Eo oF EF (l,(FO. ,-.ooo Eoo .P +tolrl o rF rFc =lCfOO--l i-r d) (\l .U oo.ult . od ctJ c')Vrt,ci otJ srO Q) .n- 6'(J C, -Cl '{t! CtEFi+Joo.c, o llooo+ortsrf-oo lrlIr)F UrPo o ot ctr u q, E +)>a >e EIJO L, Nt io oar . . o |! L 16 C) (a t<) Fr CLE OrF Lco rr) O ttlQ u' F-L .! L q,<f C@ O rf O O-dFt\.F + o<t @^ sl(\l tl (\I +'oJ E)C g ll Eou oL =C,(,o go +t attu I|6 q)g .l-to o c)E' =oo 6otJ +). dgu, cLo.JJan,oo $-o tl'rt(J cLo c3A O O'FrF I'F o o|/|Fe|4'vt o @ u oJbe B€ c4 E|J|JNt r.o (h ro cD . o a6 |!o (o dr (\r E cl4l@ (.,') . ct be u, +r.L .!. X(Dlr) o)@ O tO O lldr\l.t U, .c(F .,l iszlrrl O +,Fl r\ rF +r+r+r+)Vrl (\l lF lF lF la->rl - u1r<l <t ro o<toolrJl N r{ FIFINN PQ|o)Lclt JO O.F.F (l'tanut,(F H3 o) oqEr |! E)ri()g,oo!tJ>cLo.6r!(JJo. c, EDlo.x +tEladooorL-y!l!lJ .A+jg+,O.Fo,J=V, c,+,c! oO.F C.e Ul'+)o.+).TOOED rts =t +, ort .! E.c !- U' tfl|!.r -O.P E . F{. +t c 5+, .rts o u} 5 . o E(F.u o. tr o)-O X E rF (JOl O =.E aDE XFI glrjl . (D U-Y (, |!(\lsl c,arrl o +, * !.6 ott r! E -t !ol F rF oo.t'oo >.r oo-l (\, o,tr Ll} o,I o LlrtsOl ^ u'r EC(,+)3Jc| E+Jctrdl <t ro |!oE(l,xq |!960o.l (\t U'(J o U, o o U} o-ct u = &. E ==an (9z zo t\.1 >Z = co J =o F z. J = .p ]Acq,o PF Olrr) x6E +J E) o- I,ANDSCAPE ST'M!,IARY A. I,ANDSCAPING ON VNB PROPERTY ONLY: EXISTING S.F. * Landscape Tvpe t of Site Landscaped Planting 3r1OO 488Deck/sidewalk 3,299 52tTotal 61399 26t PROPOSED S.F. ! Landscape Tvpe t of Site Iandscaped Planting 2,948 65tDeck,/Sidewalk 1,6L2 35tTotal 4,560 19* 6,399 (Existing) - 4,560 (Proposed) = 2t34L s.f. (net decrease) B. I,ANDSCAPING ON VNB PROPERTY PLUS CDOH RIGHT-OF-WAY EXISTING s.!. I Landscape Type Planting 5,286 62*Deck,/Sidewalk 3,299 38* Total PROPOSED 8r585 s. F. 4,632 t Landscape Tvpe Planting 74* Deck/sidewalk 1,612 26* TotaI 6,244 8,585 (Exlsting) - 6,244 (Proposed) = 2,34L s.f. (net decrease) oo voilvollev medicolcenter April 14, 1989 M As on an he 181 West Meadow Drive. Suite 100 Vail. Coloraclo 81657 i 303) 476-245.1 Kristan Pritz Senior Planner Town of Vai'l 75 S. Frontage Rd.Vail, C0 81657 Dear Kristan: l,le have reviewed the vail llational Bank's proposed loading zone at the north-east corner of our proposed parking structure, as uLtaiteo by sidney schul tz'. drawi ng _ dated 7 Apri I 1989. - l.le have no objecti on to. tlii s pl an,provided- the Bank pays for the construction costs, ind that the plairnin! staff-helps convince the PEc and DRB that this is a justifiable trade-off oiasphalt pavement for the landscaping we previously proposed for this loca-tion. 9 Point of clarification, the proposed loading zone is Doubletree_ property, aithough it is within the parcel to easement for the parking structure. I have talked wjth says he has no objections to Sidney's plan. /1s cc: Ray McMahan Sidney Schultz Peter Jamar actual ly si tuated be designated as Peter Jamar, and Ray McMahan Adminislrator APPLICATION DATE: DATE OF DRB IIEE1iNG: ';' ':" 19 t vo9 DRB APPLICATION *****THIS APPLICATION I.'ILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBI4ITTED***** I. PRE-APPLICATION MEETING: A pre-app'lication meeting wlth a planning staff member is strongly suggested to determine if any additional information is needed. No application will be accepted un1ess it is complete (must inc'lude all items reguired by the zoning administrator).It is the applicant's respons'ibi'lity to make an appointment with the staff to find out about additional submittal requirements. Please note that a COMPLETE applica- tion will streamline the approval process for your project by decreasing the numberof conditions of approva'l that the DRB may stipulate. ALL conditions of approval must be resolved before a building permit is issued. A. PROJECT DESCRIPTION: Address D. NAME OF -lt t\Nat W.rqi^rd B. LOCATION OF PROPOSAL: Blockf&jJbof L^fP Filing Zoning c{c C. NME OF APPLICANT: I/AT NAA'T.II' SNUK tob 3fratr*FA telephone h.nL7 --APPLICANT'S REPRESENTATIVE: €A164 *,++TI'+Z Address l4l E.lnWr, ? telephone 6.16?, E. NAME OF Si gnature The fee wil'l be paid at the $ o-$ 1o,ooo $1o,oo1 -$ 5o,ooo $50,001 -$ 150,000 $150,001 - $ .500,000 $500,001 - $1,000,000$ Over $1,000,000 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS 1. In addition to meeting submittal requirements, the applicant must stake the siteto indicate property lines and building corners. Trees that will be removed should also be marked. This work must be completed before the DRB visits the site. 2. The review process for NE}J BUILDINGS will normally involve two separate meetings of the Design Review Board, so p'lan on at least two meetings for their approval. 3. People who fail to appear before the Design Review Board at their scheduled meeting and who have not asked for a postponement will be required to be republ i shed. ihbftier Qor'P .terephone l'nb? time a building permit is requested. FEE Address F. DRB FEE: VALUATIO $ 10.00 $ 2s.00 $ 50.00 $1oo.oo $200.00 $300.00 TO THE DRB: The following information is_required for submittal by the applicant to Board before a final approval can be fiven: A. EUILDING I'IATERIALS: TYPE OF MATERIAL MME OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: DESCRIPTION OF P Fascia Soffits }lindows lillndow Trim Doors Door Trim Hand or Deck Rails Fl ues Flashings . Chimneys Trash Enclosures Greenhouses Other LIST OF I'IATERIALS ONAV '1,{tr the Design Review COLOR Roof Sl di n9 other uall Materials +[tJ<zo FAIJ? | ',. + F.'v. 9+r lt+tt- rlkw 6aeF B. LANDSCAPING: Name of Designer: Phone: PLANT I'IATERIALS: Botanical Name Size*WaEarAlb+PROPOSED TREES.ftwW\#?|,,,ffi'*.Tb" aqn 0- l5l Quani ty ?, a EXISTING TREES TO 8E REI4OVEO for conifers. (over) Common Name *Indicate caliper for deciducious trees.Indicate height " PLANT IIATERIALS: (con't) SHRUBS Botanical Name Quanity Slze' lhub0 PuJ, .,+wtO 'tfrt6?tz b61 6 r.+v+ lffitxP. qr_ f3 S OfrU + toAvnvtu flN? Type GROUND COVERS ltNiJ Ukt/5 Square Footaqe s00 SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. OTHER LANDSCAPE FEATURES (retaining wa]1s, fences, swimmlng pools, etc.) please speclfy. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environnental Commission of the Town of Vail will hold a public hearing in accordance with Section 18.66.050 of the rnunicipal code of the Town of VaiI on April 24, 1989 at 3:00 PM in the Town of Vail Municipal Building. Consideration of: L. A request for an arnendment and final plat revisions to SDD f22, Resubdivision of Lots L through 19, Block 2, Lionsridge Filing 3 in order to incorporate and rezone a portion of Parcel D, Lionsridge #2, fron Residential and Prinary/Secondary to SDD *22, repLat lot lines and amend the grading plan. Applicant: Dauphinais-Mose1ey Construction 2. A request for exterior alteration in order to construct addition at the Up The Creek Restaruant, core Creek nuilding, Vail Village. Applicant: Up The Creek Bar & Grill Inc. 3.A request for relocation of the property, FiIing. Applicant: a front setback variance, which includes the that portion of Mill Creek as it transects for Lot LO, Block 1-, Vail Village 1st Robert Gunn 4. A request for a rezoning from High Density Multiple Family zone district to Couunercial Service District with a request for a Special Development District to allow for additional parking and loading and an expansion of the Vail National Bank Building as well as a Minor Subdivision request to vacate a lot line for the Vail National Bank Building property on Lot 2, a Resubdivision of Lot D, VaiI Village 2nd Filing and Tract D, YaiL/Lionshead 2nd Filing, 108 South Frontage Road. Applicant: Vail National Bank Building Corporation. lDlre applJ.cations and information about the proposals are avallable ln the zonlng adnlnlstrator,s office durLng offlce houra for publlc lnepectLon. TOI{I{ OF VAIIJ COIIIINTITY DEVEIOPITENT DEPAR$ENT Publl'ehed in the VaLl Trail on Aprll 7, 1989. April 10, 1989 r. PETITION FORI4 FOR A.}IEND}IENT TO THE OR R.EQUEST FORA CI{ANGE IN DTSTRICT This procedure i,". i"i-i-I.-ii5"i"'::n:t5i3.:i:.T:"il::$":il:"1: .n" zonins ordinance A. NAjqE oF pETrrroNER vail Nationat Bank Building ADDRTSS 108 Soutir Frontage Rd. B. c. D. NAI'18 OF PETITIONER'S REPRESNUIETTVdidNCY SChUI-IZ ADDRESS 141 _East Meadow Drive rty VNB Building Corp. 366 Forest rg$ ADDRESS LOCATION OF PROPOSAI ADDRESS log sourh Frontage Road of Lot DTract D .\sloo. o0 . PATDXIL.U- "I_!l: names of owners ofProperty, and their ,nJri'g P}iONE 6-s063 PIiONE 6-7890 -..-.-.- PEONE 6-s063 gi.li'l?g;"fr:gr--_qH ilingo,.""" A. A list. subjegt all property adjacent addresses.to the n..i.;.il"." ZONTNG OR.DINANCE BOLiNDARIES (0vER) ' elition form for *t" zonins ord or n"qr..fr change i" b"li5:riz"* II. Four (4) copies of the follorving infornation: A' The petition sharr include a sruninary of-.!r? progosed revisionof the regularior",-o-- a_complet" arscripfigl 0i the proposea. chanses ii di"a;i;r ii"r,aa.il"-J"a-l-iip_ inaicatirs_tf,l. existinsfri n l"'?i? :"',1, : :.:: il.. .3: T.* :i" il.^:: jji:l : *'. sub ni t wri t t en a n d / o i .Iff. Tirne Requirements llie:i3::*, i::rl-iiii i":{;:i i.::r*i :,i"rn3":-.:- :: - :1" 2nd anc -d,hnateriar mu sr be ="urittla';;;;'";":i l-:?:_necessary a"comp.r,-o in ji's. - -FJr i "':',s th;;i;;i"f":! g. !ii'H"H$I"i1r"ffi , :: iil"f .:ri"d;".-. iil.'l:";l'$: ;:*'E;ffill;r:J;+l#ffiil11 ",,,". boun<iary chanie srtv scHULTZ-ARCH t0 141 EAST MEADOW DRVE VAIL, COLORADO 81657 303/a76-789O Revised April 7, 1989 ZONING CONSIDERATIONS The applicants wish to all-or.' the f o1l-owing pernitted new SDD: A. Professional offices, business offices, and B. Banks and financial institutions: C. Business and office services: D. Travel and ticket agencies;E. Additional offices, businesses, or services be similar to permitted uses in accordanceprovisions of Section 18.28.020 of the SCS REQUEST FOR REZONING & SPECIAL DEVELOPMENT DISTRICTVAIL NATIONAL BANK BUILDING LoL 2, a resubdivision of Lot D, Vail Village Second Filing, andTract D, Vail/LionsHead, Second Filing uses in thi-s studios; determined to with the chapter. BACKGROUT{D The existing building consists of a three story concrete and st ee1 frane structure with two 1eve1s of underground parking .The first floor of the building is occupied by the Vail National Bank with the two upper floors leased to various professional offices. The site on which the building sits is in the HighDensity Mul-tip1e-Family zone district. At the time when theproject was built in 1976, office space was pernitted as a condi-tional use. Since that time office space in the HDMF zonedistrict hras removed as a conditional use. As a result anyaddition of office space to the building would not be allowedtoday. For this reason the owners of the buil-ding wish to rezone the site to Conmercial Service Center (CSC) District. Since the existing building does not strictly conform to some of the zoning as far as height and setbacks, and since some of the pernitted uses in CSC are perhaps not appropriate on this site, Staff feels that a Special- Developurent District is warranted. Allowed in CSCLot Size: hlb-O-Gffi min 2,806 sq Existing 275 sq. ft. . f t. l-eased p1-us from VVMC Setbacks: Height: min. 20' front, side, and rear 38t max. for sloping roof 25t front, I4.7 r east, 25 .3' west, 29' rear 40r to first floor l-eve1nax. 57 t at SouthEast corner MEMBEA, ,HE AMEA CAN IJSTITUIE OI ArcHITECTS Density Contr o l- :not applicabl-e; no GRFA in existing buil-ding Coveragez 752 max, 377. Landscaping: 2O7. nin. 4.610 sq. ft. pl-anted plus waLks and terraces Parking & Loading z (7 /24/84 TOV stats) 87 spaces required, 89 spaces, 65 spaces nust be covered 70 spaces coveredExisting 0ffice Areas:First Floor-Bank 6,608 sq. ft. p1-us 640-corridor, 455-stairs & elevator, 260-toil-ets Second Floor-Office 6,894 sq. ft. plus corridor, stairs, elevator, toi 1et s Third FLoor-Office 6,952 sq. ft. plus corridor , stairs , elevator , toilets PROPOSEI' DBVELOPME}IT The Vail National- Bank wishes to add to the first fl-oor 314 sq. ft.. of additional public lobby/reception area and 358 sq. ft. of new airl-ock and vestibul-e to the north side of the building plus 478 sq. ft. to the east side. These additions wil-1 not encroach further into existing setbacks nor increase the existing building height. The additions will- require additional parking spaces which are created when the entry access fron the Frontage Road is relocated to the east to align with the Town of Vail entrance across the street. The relocation of the entry access to the east wil-1 renove a large portion of the existing landscaping on the northeast corner of the site. To mitigate this loss of l"andscaping r 6 n€w Landscape buffer will be added between the Frontage Road and the short-term parking. In actual-ity, a majority of the current Landscaping is on Highway Right of Way; onLy about 1,180 sq. ft. of p1-anting is on Vail National Bank Building property north of the building. That amount wiLl be increased when aLL of the existing trees on CD0H land are transplanted to new planting areas north of the buil-ding. REQUEST FOR SIDE SETBACK VARIANCE & VARIANCE TO PARTIN FRONT SETBACK The proposed east addition wilL encroach approxinately 2.75 feet lnto the eide setback. The addition wiLl sit on top of the exlsting parklng deck uhich currently encroaches 5.3 feet into the setback, ot 2.55 feet further than this proposal. The five exietiag short-tern bank parking spaces to the north of the buiLding are currently entirely within the front setback. Banking le a service lndustry and its custoners demand convenient parktng. To ease parktng, the existing 90 degree spacea will be restriped as 60 degree one-way parking. Two new parklng spacea w111 be added to the north of the building. Because of the location of the existing building structure on the site' any additional parking off of the Frontage Road nust also be vlthin the front eetback. The proposed relocation of the two acceeses to the eite v111 have a positive effect on public safety and traffic flons once the existing crossover turning pattern betrreen this property and the Town of Vail j.s elininated. In adpltlon' the new short tern parklng and designated loading zone oF the property w111 help remove the parking vhich now occurs oF the- shoulder of the Frontage Road. This proposal wilL have no effect on 1lght and air, dlstrlbution of population, or utllttt'es. It)-lrr Dafe of g"through all information is submitted. ADDRESS B. NAME oF ApprrcA^r* s RE'RE'E Nr^rwE 9fr18'l *lr+Ul{Z aoonnss l4l 6nbaanflD4 pHoNE/WEgL C. AUTHORIZATION SIGNATURE ADDRESS PHONE LOCATION ADDRESS OF PROPOSAL FEE A List subject APPIICATION FORM FOR SPECIAL DEVEI.OPI{ENT DISTRICT DE]TETOPMENT PLA}I I. This procedure is reguired for any project that wouldthe Special Development District Procedure. The application will not II. Four (4) coPies of the following information: A. Detailed written/graphic description of proposal ..8. An environmental impact report shdlf.be submitted to the zoningadministrator in accordance with Chapter 18.56 hereof unless waivedby Section 18.56.030, exempt projects; C. An open space and. recreational plan sufficient to meet the demandsgenerated by the deveJ-opment without undue burden on available or proposed public facilities; be accepted until NknarrolA. NAIIE OF APPLICANT D. E. F. , \\,$(.,of the name of owners bf $100.00 PAID Property and their rniling n,.,,.1('U{ 6 - }::'a - )... tv,\\Dlb I lr'\\ r al1 property adjacent to the a-ddres ses . LEGAL DESCRIPTION i-tqW (0vER) ,, .t,Application tlpecial Development oi"Q Development Plan" D. Existing contours having contour j-ntervals of not rnore than five feet if the average slope of the site is twenty percent or less, or with contour intervals of not more than ten feet if the average slope of the site is greater than twenty percent. A proposed site plan, at a scale not snaller than one inch eguals' fiity feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas' recreational facili- ties, pedestrian plazas and walkways, service entriesr driveways' and off-street parking and loading areas with proposed contours after grading and site develoPment; A preliminary landscape p1an, at a scale not smaller than one inch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkwaysr lvater features, and other elements; Prelirninary building elevations, sections, and floor Plans' at a scale not smaller than one-eighth equals one foot, in sufficient detail to determine floor area, gross residential fl-oor areaf interiot circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. III. Time Requirements The--P1:tnning and Environmental Conuuilssion meets on the 2nd and 4th Mondays of each month. An application with the necessary accompanying material must be submitted four weeks prior to the date of the meeting. N0TE: It is recorunended that before a special development, district application is subnitted, a review and coment neeting should be set up with the Department of Comnunity Developnent. E. F. G. APPLICATION FOR MINOR SUBDIVISION REVIEl.,(4 or fewer lots) A. B. c. D. F. NAME OF MAILING nppuciNr S4 Nnsflilou EaNk hlupt$E paouehatbs NAME -oF AppLrcAN.s RE'RESENT o'''re €WWI %lW MATLTNG noon*s l4l E tlkaarnr D( pnonzl.frgo NAME tvpe) ADDRESS OhJNER'S SIGNATU MAILING ADDRESS LocATroN oF pRoposAL (noonEss) lo l enone (.J-069 a r^<e/l* E. FEE $100 PAID G. H. I. TP da MATERIAL TO BE SUBMI"'O \OJ The subdivider shall submit three (3) copies, two of which must bemylars, o! th9 proposal-follow'ing ttri requirements for a final piit asfound in section 17.16.130 of th; subdivi'sion Regulations. certain ofthese requirements may be waived by the zoning administrator and,/or thePlanning and Environmental commission if deteimined not applicabie to theproj ect. An environmental -report may be required if so st.i pulated under chapter18.56 of the zoning code. The Department of conmunity Development wi't 'l be responsible for seeingthat_the approved plat is promptly recorded w'ith thi Eagle county cleikand Recorder. Include a list of all adjacent property owners (including those behindand across the street) with thejr majljnq addresses. Bank The Alphoin -don d-onffi-le s oc ia t i onc/o Hr. Ben Boutell Vail National ADJACENT PROPBRTY OUNERS Poet Offlce Box 3648Vail., C0 81658 Scorpio Condoniniun Association4919 Hampden Lane Betheeda, MD 20814 Skaal Hus Phase 1c/o llr. Ron Anderson 727 Pennsylvanla Ave.Holton, KS 66436 Skaal Hus ?hase 2 c/ o I'ft. Ross DavisPost Office Bor 190Vai1, C0 81658 Vail Va11ey Medical Center 181 West Meadow DriveVail, C0 81657 (Doubletree Hotel)Yail Holdinge, Inc.c/o J. Michael Holloway AnerLcan Credit Services, Inc.201 E. Broad StreerRocheeter, l{Y L4604 Doubletree CondoninLum Assoc.c/o llr. Gene Petracca 602 Park Ave.llanhaseet, NY 1.0030 Tonn of Vail 75 South Frontage Rd.Vail, C0 81657 $, W 4q,- \) ot l : i :' /1jr eil (, !1tq i, r\.- - tll r - J' , Y=-.-- -t ll -.1 t.: I CF4,+\ 't- Y (ry\ I.i , I PU.^ *+t fl* u,rtt*q,f,. 1i tr|;:; li lill DENNIS ANDERSON ASSOCIATES. INC. Landscape Architecture . Planning . Visual Communication April 1, 1989 Sidney Schultz SIDNEY SCHULTZ - ARCHITECT 141 East Meadow Drive Vail, Colorado 81657 re: Vail National Bank Building / Landscaping Dear Sid: This letter is in response to the feasibility of transplanting plant materials existing in front of the Vail National Bank Building. It is my opinion that all of the existing plant materials could and should be transplanted to the locations shown on the Landscape Plan dated April 4, 1989. The exception to this would be the three 12" caliper Cottenwoods which would have a questionable rate of surviveability because of their size. I usually recommended to transplant materials such as 3'to g" Aspen and 6'to 20' Spruce whenever possible because it is generally 112 the cost to transplant the tree as planting a new tree of the same size. The surviveability is greatly increased if the tree is transplanted once from its existing location to its new location and not heeled in a holding location. I would recommend contacting a company e4cerienced with transplanting large plant materials such as Rocky Mountain Tree Experts of Denver. They will provide their recommendations and a cost estimate for the services. Please don't hesitate to call if you have any questions or comments. Sincerely,&zrroM D'ennis Anderson A.S.L.A. ..' Suite 310, Vail Natronal Bank Building 108 Soulh Fronlage Foad West . Vail, Colorado 81657 . (303) 476-6405 LIST OF MATER NAME OF PROJECT: LEGAL DESCRIPTI0N:- STREET ADDRESS: DESCRIPTION OF P oNAv IAL F The following information is_required for submittal by the applicantBoard before a final approval can be fiven: A. BUILDING MTERIALS: TYPE OF MATERIAL to the Design Review COLOR Roof Si di ng 0ther Wa'l'l Materials Fasci a Soffi ts l,l'indows l,lindow Trim Doors Door Trim Hand or Deck Rails Fl ues Fl ashi ngs .. Ch i mn eys Trash Enclosures Greenhouses 0the r \ B. LANDSCAPING I Name of Designer: phone: PLANT MTERIALS: Botanical Name Common Name EXISTING TREES TO BE REMOVED 4-t " Aotpgp Quani ty L4 (? Si ze* 0- til for coni fers. (over) *lndjcate caliper for decjducjous trees,Indicate heiqht " PLANT MTERIALS: (con't) SHRUBS GROUND COVERS Botani cal Name Common Name ftrt1uL txhetEw lffiree rnuaa flw Quani tv Size Tvpe ftNil uktt Square Footage s0D SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL c. 0THER LANDSCAPE FEATURES (retaining wal1s, fences, swimming poo]s, etc.) please specify. vtv a %ffi4Q*tnlqz pnone |a'lE9o Appl lcation l{urber Fee Paid SIGN APPLICATION of ProJect Arto$ail- Name of Person Submi tti ng Descriptlon of ProJect The fo1lowing infonnation ls requlred forto the Design Revlew Board before a flnal Slgn submlttal fee is $20.00. submittal by the appllcant approva'l can be glven. A. Slsn llaterlur 9C B. Descriptlon of Sign C. Size of Slgn | 1t-?,.8 D. Conments l. Site Plan2. Drawlngs shofr:ii6-Ei'act Iocatton3. Photographs shoring proposed 'locEli6i 4. Actual slqn4. Actual slqn5. Colored-scalEiffifi!- - --5. Colored- scalE t/,llrruJ tr<+-s \xa€ 6. Photograph of slgn Approved for DRB Submittal Disapproved for DRB SubmittdT- 6A)}ar- &93t^-tsFa't) 5o Sign Adminlstrator Sign Administrator luwn 75 louth tronleg€ roed Yrll, color.do 81657 (30:t) a76-70m ofllcc of communlty dcyclopmcnt March 28, 1989 Mr. Sidney Schultz 1-4L E. Meadow DriveVail, CO 81658 RE: Vail National Bank BuildingVariance and Rezoning Dear Sid: The staff has reviewed your apprications for the vail NationalBank project. Below is a surmnlry of our conments and additionalinforrnation that is needed in orler to review the proposal: COMMENTS 1. The staff prefers that the property be rezoned toCommerciaL service Center with a special deveLopmentdistrict- A special development district would be designedto allow for offices and banks as permitted uses. Theadditionat retail that is in cornrneicial service centerwould not be listed as allowable uses within the specialdevelopnent district. we are not comfortable with alrowinoall the retail under Cornmercial Service Center as a.pernitted use. This process also allows for flexibilityfor the location of parking and loading so variances woildnot be necessary. 2. The-triangular parcel of 1and that is also owned by VailNational Bank should be added to the large bank palcel .This should be accomplished by a vacation of a fot tine.This process is a minor subdivision and would be reviewedby the Planning Commission. 3. The staff does not support the design and location of theloading ?pace on the northeast corner of the property. Weare particularly concerned about the retainage that wouldbe necessary_on the property line to allow for this loadingspace. we also do not believe that the toading functions - well. Trucks would either have to back up to the entry inorder to exit or back into the loading spice in the area ofthe entry. 4.I{e understand ttrat the owner wourd like to provide as muchshort-tern parking in front of the bank as iossible.Horrrever, the staff and planning and Environientalcommission have indicated that tandscaping in rront of thebank is very inportant. A batqnce beti.reefr pi"=--irrg a; - uruch - landscaping as is possElE-afd in addrlssinq tneparking_and loading requirements is necessary. fi"rrysuggestions lrere nade by the planning cornrnis3ion and staffat the PEC arork session on March 27. These commentsincluded: a. Utilize some of the spaces along the western portionof the property for short-term parking. b.Look at providing a parallel loading space in front ofthe bank. This would allow you to ieep several of theevergreens and the tbree large cottonwoods adjacent tothe front of the bank. fnvestigate participation in the hospital parkingstructure. perhaps the spaces could Ue stiiped {oallow for cornpact cars. This approach could possiblygain_several spaces. The possilirity of addiirg alevel of-parking below the proposed lrospital s€ructureshould also be analvzed. Look at pulling the eastern curb of the entry to thewest. This nay allow you to maintain additi6nallandscaping. e. Look at re-striping the existing bank parkingstructure and surface parking on ttre west to-see ifadditional spaces could be giined by allowing forconpact parking. f. Develop a parking management plan which would addressthe Planning.Conunissionrs conlern about the apparentlac! of parling on site for the uses within the VailNational Bank Building. Please look at locating several large planters on the topof-the parking deck. The pEc and stafi berieve that asp-ensand shrubs could be added in this area which would have apositive inpact on the appearance of the building. Staff would l-ike to know if the Colorado Division ofHighways would allow you to relocate existing trees inhighway right-of-way. We understand that yori iniena to lelocate--many of the trees that wilr be afiected by the newclrr-ve. However, we are uncertain whether of not cDoH witlreally allow you to do this. d. 5. 6. ADDITIONAL INFORMATION l-. A cross-section showing the Frontage Road new rnedian/planter, parking area, and bank building. 2. A stamped survey indicating existing trees and grades onthe property. 3. A letter fron CDOH indicating their position on the newdirection for traffic flow in and out of the bank as wellas landscaping. 4. The owner's position on providing for any parking spaceswithin the hospital structure. This could be accomptisneathrough re-striping or perhaps building new spaces at alower level. Dan Feeney, project manager for the VailValley Medical Center, has indicated to staff that there isa willingness to work on this idea. 5. A revised site plan indicating loading and parking whichmaintains as much landscaping as possible. This site planshould also show the proposed Frontage Road improvenentsand ingress/egress points on Toqrn of Vail property. Atpresent, the site plan is difficult to use when trying torelate the project to the surrounding uses. Basically, theplan should indicate how the Vail National Bank proposalfits into the overall scheme for the Frontage noad lndsurrounding properties. 6. A landscape plan that indicates sizes and types of newmaterial as well as trees and shrubs that will be removedand/or relocated. Staff would also recommend that the durnpster be screened. As mentioned before, staff isstrongly encouraging you to discuss your landscape planwith CDOH so that we may know if it is even feas;-Ufe. 7. A letter that gives you power of attorney to sign off forvail National Bank Building Corporation/8.B. Chester mustbe subnitted. Basically, the letter nust indicate that you may sign off for Vail National Bank Building Corporation-and that E.B. Chester represents Vail National BankBuilding Corporation. 8. Please subrnit a revised application for Commercial ServiceCenter for rezoning and a special development district. Anew application for a vacation of the 1ot 1ine between thetwo bank parcels should also be submitted. The appropriateform is a minor subdivision application. Please subnit the applications as soon as possible to allow forre-publishing. The remainder of the infonnation should besubmitted no later than March 3tst. As staff stated in the neeting yesterday, we understand that theproject necessitates sone loss of landscaping to alloer for the I new.access and parking. However, we do believe that asatisfactory sorution may be reached which wirr benefit vailNationar Bank and the. coinnunity at rarge. we unaerstana tnit uyasking you to change the reque3t srign€ty you riii u" incr-asiniyour review tine on the project by an aadilional two to fourweeks. we believe that it 'rfilr b6 an inportant two weeks whichwill atlow for suitabre parking and loading, trafiic flow,landscaping, and an appropriat6 zone distrilt. w- rrop" you wilrconsider our comments and-work with the staff to deveiop-asolution to these issues. ff you have any further queslionsabout our conments, prease feei. free to contact me at 47g-zL3g. Sincerely,L,l 0A-It!)Tan lfrtfKristan PritzSenior Planner KP: kccc: l.lr. E.B. Chesterlrlr. A. Peter patten srGv scHULTZ-ARCHTTO 14,1 EAST IVEADOW DR VE VAIL, COLORADO 8165/ 3A3/476-7890 Revised l(arct' 22, 1989 REQUEST FOR REZOIiING VAIL NATIONAL BANK BUILDING Lot 2, a resubdivision of Lot D Tract D, Vail/LionsHead, Second , Vail Village Second Filing, and Filing BACKGROUND The existing building consists of a three story concrete and steel frame structure with two leve1s of underground parking. The first floor of the buil-ding is occupied by the Vail National Bank with the two upper floors leased to various professional offices. The site on which the building sits is in the High Density Multiple-Family zone district. At the time when the project was built in 1976, office space was permitted as a condi- tional use. Since that time office space in the HDMF zone district was removed as a conditional use. As a result any addition of office space to the building would not be al-l'owed today. For this reason the or,rners of the building wish to rezone the site to Comnercial- Service Center (CSC) District. ZONING CONSIDERATIONS Permitted Uses: A. Professional- offices, business offices, and studios; B. Banks and financial i n s t i t u t i o n s i . . . Allowed in CSC Lot Size: 20,000 sq. ft man. side, ')t 2,806 sq Existing 275 sq. ft. plus . ft. leased from VVMC front, L4.7 ' east, 3t west, 29t rearSetbacks: Height r min. 20' front and rear 38 t max. for sloping roof 25', 25. Density ControL: not applicable; no GRFA Coverage z 757d max. Landscaping: 2O7. ni-n, paces requlreo, Loading z (7 /24/84 T0V stats) es must be covered 40' to first floor 1eve1-, max. 57' at SouthEast corner in existing building 11q 4,610 sq. ft. planted p1-us walks and terraces 8 o \ '-\s ) ,.r- ). / 8)l6paces, L--n spaces covered Par k E MEMBER. TI.]E AI\4ERICAN NSTITUTE OF ARCI.]ITECTS -- Existing 0ffice Areas: FirsL Floor-Bank 6,608 sq. ft. plus 640-corridor, 455-stairs & elevator, 260-toilets 6,894 sq. ft. plus corridor, stairs, elevator, toilets 6,952 sq. ft. plus corridor , stairs, elevator, toilets Second Floor-0ffice Third Floor-0ffice PROPOSED DEVELOPI.IENT The Vail- National Bank wishes to add to the first floor 314 sq. ft. of additional public lobby/reception area and 358 sq. ft of new airl-ock and vestibul-e to the north side of the building p1-us 478 sq. ft. to the east side. These additions will not encroach further into existj-ng setbacks nor increase the existing buildi-ng height. The additions wil-1 require additional parking spaces which are created when the entry access fron the Frontage Road is relocated to the east to align with the Town of Vail entrance across the street. The relocation of the entry access to the east will- remove a 1"arge portion of the existing landscaping on the northeast corner of the site. To mitigate this loss of 1-andscaping, a new landscape buffer will be added between the Frontage Road and the short-term parking. In actuality, a majority of the current landscaping is on Highway Right of Way; only about 1,180 sq. ft. of planting is on Vail National Bank Building property north of t.he building. That amount will be increased when rnost of the existing trees on CD0H land are transplanted to other areas around this or adjacent sites. REQUEST FOR VARIANCE TO PARK IN FRONT SETBACK The five existing short-term bank parking spaces to the north of the buil-ding are currently entirel-y within the front setback. Banking is a service industry and its custoners demand convenient parking . To ease parking, the existing 90 degree spaces wil-1 be restriped as 60 degree one-way parking. Two new parking spaces wil-1 be added to the north of the building. Because of the location of the existing building structure on the site, any additionaL parking off of the Frontage Road must also be within the front setback. The proposed relocation of the two accesses to the site will have a positive effect on public safety and traffic f l-ows once the existing crossover turning pattern between this property and the Town of Vail is eliminated. In addition, the new short term parking and designated loading zone on the property wil-1 reurove the parking which now takes place on the shoulder of the Frontage Road. This proposal- will have no effect on light and air , disLribution of population , or utilities. C*rr. 11es,, l{t!ruTEs VAIL TO}IN COUNCIL MEETING AUGUST 7, 1990 7:30 P.ltl. MEMBERS ABSENT: TOI{N OFFICIALS PRESENT: A regular meetlng of the Vail Town7:30 p.m., ln the Council Chambers MEMBERS PRESENT: i,t a Council was held on Tuesday, August 7, 1990, atof the Vail Municipal Bujlding. Kent Rose, Mayor Tom Steinberg, Mayor pro Tem Lynn Frltzlen Jlm Glbson Merv Lapin Robert LeVlne Peggy 0sterfoss None Ron Phillips, Town lrlanager Larry Eskwith, Town Attonney Pam Brandmeyer, Town Clerk There was no cltlzen partlcrpailon, the flrst ltem on the agenda. Next was l public hearing on the 1990-91_par\ing policies, stan Berryman gave anintroductlon to the hearing.stattng the pinring"and'rninsportation ndi,iso.i-'-'corunittee had niet severa'l ilmes to-dlscuss recommendation! tor ilrese-piiiii.s.Arnold Ullevig then gave an. in-depth presentation reJiraing ttre propoieu'poiiii."and the reasoning for the changes'froir ttre iurrert piiiiiljE.. He then held aquestion and answer.session wj[h council_and ttre pubii..'-ir"uor Bradway felt thepolicies were discrimlnatory agatnsi virrage worr<!;; il those who had pald lnto theparklng fund for parklng gnacei in the vitiage rrintpori.i{on center. Josef Staufercommented that making employees (who get off-work ii'z:oo a.m.i-;;;i'in-Fiia pii.r.was unfair. TherE was some-discuss'ioi regarding ernpfovees-getiihg otf "t-iitl-'hours,.and why coupons worked we'l'l before-and s6me b.o-pi" r,it"d i6 get ria-oi-g,.r.l'luch discussion by the pubric and councit eniuea rd;;di;g';.os and cons. RobLevine made a motion to table the item and send it 6ic[ i6 irre-niuirotv-io*iite.for further revjew. Tom Steinberg seconded the motion. -Jim gtuson stated he wantedto pass the program $!! ttre following conditlons: iitt restrictlons Jn itr"-viitag"parking structure parking;_parking frie at Ford ianf; ana'oitrer modifications to bemade as the prognam.went a'long. He felt this was a itJp-in the right aireilion.Mayor Rose explalned why he falt it should go uiit to-ifie'lormlttei. n voie wastaken and the motlon.passed 5-2,-with Lynn Fritzlen and ulm etbson oppor.a.- nonPhillips asked Council to specifical]v narne the items they rett itre-ftuiioiv "-' Connittee should review. Lynn Fritzlin felt the added Jiiess on employees [ecarseof the parkins and housrng iituafions was bad, ana irre pi"n-ioura-ilip"it-p;;uiaing 3 pass speclflcally targeted. to Vlllage employees. Rob'LeVine thoughl t[e-viiiigeTransportatlon Center could be shared-by a'fiisi-comJ,-tirit served'basls by aciessor price; include the coupons at a reas6nable rate; ana tir"re Ue one-pisi witfi-norestrictions for. $750,.that the person_could come inU so-"i'rre pteaiel.--mivor ho..remarked slnce the aud'lence felt'the blue parklng paisii wourU bromoiJ ro."-iars inthe Vtll.age than the coupons, he felt a coinbined-winaow-sticrer-anu'-ioupin-proil}"twas good and would work. He added he dtd not thtnk itrere-stroutd be ilt-aliffi;;"charges for the Village parking structure, and was not sure dlfrerenliit-raf"s oneverythlng ln the Vil'lage struiture was pioper. Jjm Gibson ttrougtri i Uiu!-piss'should have I'a number of tlnres used" and'nol-i'nuruer oi-Jiyt i; -FJggv oitIrFillcommented the audlence wanted to have the ability to ao wnii ttrevriiitea-ina-pirringwhere they wanted, and paylng more was not an isiue. The third item was a Consent Agenda of the followlng items: A. Approval of Minutes of Ju'ly 3 and 17, 1990 l4eetings B. OrdiJr.anSe llo.-l9,..Serles of 199^-' lii,t#fi*iia'.rre:oeo(f)Fj;qriL5=m,"i;iiiifiHlqftlflJii8ieH:llfi;vl3ll{l}qfficontror for the prlmafy/sicondarj-'ioni"iat strt itr'(lript I caili - ro*n-oi' vir r I c. 0rdinance No. 24, series of 1990, second reading, an ordlnance makingsupplemental approprlatlons from'the Town oi Viii generit iuna, iipilar ' proJects fuld,.Conmunltles for Drug-Free Eagle Va1 ley fund, special parkingassessment-fund, Vall marketlng fuid and thi reii esiate traniier-iai fund,of the 1990 budget and the finincial plan for the Town ot viii,-ioii.aao;and authorjzing the expend'ltures of siid appropriationt "s-i.i'f;;ih'herei n. Ordinance No. 28, series of-1990, second reading,-an ordinance amending theplan document of the Town. of vaii employees. p.iiioli pi.,ii-lro ,eilinl" -"- forth details in regard thereto. Ordinance-No. 29, Series of.1990, second reading, an ordrnance amending theTown's Pollce and Fire-pension pian aoiument suSj"ii io-approvar uvsixtv-f ive. percent (65%) of the' Town i s -pol r ce-ini-ii"ir"n!"ini-i.liingforth details In regard thereto. F' Ordinance No. 30, Series of 1990, second readlng, an ordlnance amending thetrust agreement pursuant to the fown of vaii emiiov;.;i-il;;i;n-pian; andsetting forth details ln regard thereto. G' Resolutlon il9. l9r Serles of 1990, a resolutlon authorizlng certaln Town\. employees and offlcers to slgn ch6cls ariwing on an operating aiiount to be', :!:|!l bv the Town at the FtistBank of vait inu furttrir iu*ritiiiis certain'? employees of the Town to make deposits in said account. ' %,^iiii]il'ii*il, i3i,Tilit,i"lii3,.i ff:"ltl:tffi[.:?'l:lTn.ll."ltilt,il,.n, F::::ili-:rlrcers to sign a lease therefor, to termjnate the lease, to7 surrender.the box' return the keys, and release the Bank from any'liabiljtyin connection therewith. l4erv Lapin made a motion to approve the consent Agenda as presented. Tom gqinberg ffli:;lfl:ifi"Tilit;,*::: ffi:,1;"1til';:l:" ly"i;llill,:i ;:a iliilF:;''rrs;cl D. E. $S!.$t..9llit119:^Hg,25,-series of 1ee0,b6E6frlfit{{,!ns-f:jn,.erdtnalce amendtng :*:1"1.?.Y:19?T?n! Distrlct:ilol'f3;'the.vailrrltafionaTrsifiRrBiiirirncttind iliiiigrortn tne detaits ln_regard thereto. Mayor Rose read the full tit'le-of theordinance. lllke l4olllcaitated the only-change made sinie flrst reiding-wis underSection 4.E. A new paragraph had been idded.- t;rrt E.[*i$r then dlscussed vailAssociates' waiver of right of reverter clause wnic[ .lim eibson had questioned at!!:-IiI:! Ieadins.. Jav. peterson, representing itre-appji..inl, gave backsrouni-lnrormaElon regardtng-the parking situation, and did not feel the ordlnince's newparagraph 4.E. was fair. After iome discusiion uv couniii-and Jay, a motion-to-approve the ordinance on second reading.with the iddttional tingriie wai-riJe-uvlvlerv Lapln. A second came from Rob Le[ine. A vote was taken aia itre motiJn-pilsea5-2, with Tom Steinberg and Lynn Fritzlen opposed, iiiti,iitl!!ei6lir6ii'3.4l$ffi'll;,'3;,!illi",:'":'lfurii*tihtsffl*tnthrur..oEne oevelopment plan ln accordance wlth Chapter 18.40 of the Vail t'lunlclpal Coie;and-setting forth details. in.regard thereto' (714 we;t Lionstreio clrlie,-lit.-c, z,c, D, Block--2, vatl-Lionshead 3id Filins) (Appiid;i; u-ti corporatton'--riiserftlorcus and lrlarriott corporation). rne iutt'tilte wis reia'-uv miyor noie. Jim-Glbson made a motlon to table''thls lten unttt itre'3Jpl!ru"r-i'lri"irii;riiitrnc;:p"r r' -lf:.!!11:lnt's"request.' Rob Levlne seconded ttri moiion.-'xrritin'iirti-Jiiiirh"a'what rezoning the applicant_was trylng to change to and why. A vote wii til,en anutne notton passed unanimously 7-0. t{ext. was-p;dln4"]jll# z7-$gf6 s;:rof-,199p I f I rst read I n9, an ordi nance amend I nE SlliB.::,t9:91,:I-.!: van r'tuntctpal codt'6y ure aaaiiioi'oi sillio;:i6.0,i':ijiil"tia*:Pub;l-and.amending Section 18.28.030 of the t'lun'lcipal Code to add:Brei'puU'iii'i-permltted use in the Cormerclal Service Center zoire dis[riit; amending Ct"pibt18.28.040 of the Vall Municlpal Code by the addition of Brew'pubs thal se'li beerwholesale and Brew Pubs which sell flfieen percent of thl manufactured beer or alefor.off-slte consumptlon as conditlonal usei to the comerilal Servlce iinter zon"dlstrlct; amending Chapter 18.28 of the Vall Municipal Code to provlde certalnrestrlctions ln the opgration of a Brew Pub; and se[iing iorth ietals in rtgardthereto. The full tit]e was read by mayor ioie. -nnav lnuuisen gave brlefbackground jnformation on. the requeit. He stated thrie itringes [o the code whlchhad to_happen regardlng thrs request for a brew prui ii it-lria to be defineaj z)council had to make a brew pub a use by right; ana-it-itiv ili i; siaie ii"iitii -2- --,'Iteps-for condltional use. After some discusslon, AndyCouncil.. Merv Lapln then made a motion to approve the-oseconded. Larry Eskwlth suggested combining'the two con ordinance into only one. Menv then amended-hls motion tto combine both conditlonal uses .l nto one, and Jim amend taken and the motjon passed unanlmously Z-0. It then answered questions of rdinance, which Jim Gibsonditlona] uses shown in the o approve the ordinance and ed his second. A vote was Seventh on_the agenda was aniip'peal-bflthe PEC; decislonlto approve requests for anexterlor. alteration. and landscape varlance ln -order to construct an additlon to theLancelot Restaurant at the Bell Touer Butldlngilocated at 201 Gore Creek Drive (partof rract A, Block 58, vail village 1st Filing) (Applicant: Hermann Staufer, ' Lancelot Restaurant). Kr'lstan Pritz gave baikgrou;i information on the exterioralteration request and explained why staff recommended approval wlth two conditions: l. - The.appllcant must remove railings surrounding the patio from November l to May 1 of each year. .2: _The.app'llcant. must participate in a proJect involving the property ownersand the Town's Publlc $lorks Department ln an iffort to reso'lvI draliragi pr6blems adjacent to the Be] 'l Tower Sutidlng. These drainage problems are a result of the undirected drainage off of the buiidlng. Staff dois irot fee'l that the appllcant shou'ld be required to provide the solutlon individually. However, staff ieels it isfair-to require him, as a property owner ln the building, to participate and pay forhis fair share as deemed by the building association. Any driinage improvemeirti necessitated by the deck enclosure shal'l be addressed by the applicant-ln the Design Review Board submitta'l and building permit p1ans. Krlstan then revlewed the landscape varlance request and explalned the re.isoning forthe request. She stated the staff recommended approval of the variance, and reviewed the Planning and Envlronmenta'l commisslon's vote for approval ;f 5-2.Kristan answered questions of Council. Peggy Osterfoss felt these were good ideasfor the area. Tom Steinberg commented there should be an agreement with-theapplicant that he pay a parking fee, and lf council amends the ordinance and increases stated fees sometime during the next year, he would be lncreased as we'l l. Peggy Osterfoss made a motion to uphold the PEC's decislon to approve an exterioradditlon to the Be1l Tower Building, finding that the granting of thls var'lance wou'l d not constitute a grant of special privilege, and was substantiated by the Vai'lvillage Master P'lan which encourages a wide varlety of activities, events, andstreet'l lfe along pedestrian ways and plazas, and lncluding the conditions requiredln the staff memorandum dated JuIy 23, 1990. The motion was seconded by MervLapjn. A vote was taken aid the motion passed unanimously 7-0. Peggy Osterfoss then made a motlon to uphold the PEC's decision to approve a varJance request to reduce the landscaping to increase the Lancelot's deck. She stated the grantlng ofthis variance would not constitute a grant of speclal privilege, and was ln compliance with the Vail Village Master Plan, and lncluding the conditlons that the landscaping be added between the two build'lngs, and bench/possible boulder/Aspentree be added to the Gore Creek Promenade greenspace as mitlgation for the reductionof the landscaped area. Tom Stelnberg seconded the motion. A vote was taken and the motion passed unanimously 7-0. Next was an fdtCfil'foff Ong'ra$iiivll lof the proposed resi dence th Creek luiiiF:fDrivg (Lot 4, Block 9, Vall Village l1th Flling) (0wner: ceoi6'trpF,Ca'ulkliSlfilr.)!t lShe'l'ly Mello gave background lnformatlon regarding the request. Ellot Goss, an architect representing the Caulkins, presented the Councll with drawings of thebuildtng in question. Kristan and Shelly then answered questlons of Counci'l . l{erner Kaplan presented to Council for their revlew photographs of resldences ln the nelghborhood, statlng reasons why he was opposed to the bulldlng of the new home next door. Harry Frampton, a neighbor, requested Councll overturn the DRB decislon because he felt the Swiss style chalet ln a contemporary neighborhood was totally out of p'lace, plus the house needed a garage. August Grassls and Byron Rose, neighbors, supported lrlr. Frampton's statements. Pepl Gramshammer fe]t the house wasfine and shou1d be approved, that €veryone should have the rlght to build hls/her own home. George Caulkins read aloud aletter he received fron Rod Slifer ln support of the cha'let style as far as rea'l estate prlce was concerned. After much dlscussion by Councll, staff, and the pub'lic, Merv Lapin made a rnotion to upho'ld the DRB decislon wlth the condltions the shutters be done in a solld color, a landscaplng plan be 'lncorporated on the open area, and a two car garage be put on the property. Rob LeVine seconded the notlon. Ned Gwathmey stated how the DRB had come to lts declsion. A vote was taken and the motion passed 4-3, w'lth Mayor Rose, Tom Steinberg, and Lynn Fritz'len opposed. tilike Cacloppo gave reasons why he was against the Council's decision. -3- I At.this time, Councll declded to take the last two ltens out of order to expedltethe last item a member of the publlc was waitlng to address. Therefore, aclion onproposed 1ease between the TOV and the Eagle County School District for a playgroundat the Red Sandstone Elementary Schoo'l site at 551 Nonth Frontage Road was'nei[. There was no discussion by council or the public, except to de] ite the staff recommendation that the 'l ease be conditloned on the School District renewing the Town's lease on the_el ementary school gyrn. Merv Lap'ln made a motion to appiove thelease agreement, which was seconded by Jim Gibson. A vote was taken anU Lhe motion i passed unanimously 7-0. Discussion regarding an appealiof a DRB declslonionithe;illlttemy€n;lrssldence whlchincluded a new detached garage and gondola bulldlng and'a'reviied''front"eritry (338 Rockledge Road; Lot-1, Block 1, vail valley 3rd Filing) (Applicant: Mr. wiiteiryer) was next. ltllke ltlolllca remarked this item, which had-been iirproved by the DRB, [ad- been. cal.led up .by the Council. He presented drawings of the'blans and a sca'l e'modelof the detached garage and house. Mike added it had been a unanimous decislon to appnove the plans by the DR0. l'led Gwathmey, Chalrman of the DRB, gave additionallnformation-regarding the plans and DRB's ieasoning for the dec'iiion made. Johnl{ittemyer also added background lnformation. Ned ihen answered questions ofcouncil. Lynn Fritzlen made a motlon to uphold the DRB decision, which peggy 0sterfoss seconded. A vote was taken and the motlon passed 6-1, with Merv-Lipin opposed. There being no further buslness, this neetlng was adJourned at 12:15 a.m. Respectful ly submitted, ATTEST: ilinutes taken by Bnenda Chesman Respectful ly Pamela A. BiandmeyeF, TofinTTerl -4- - '"; ''l tlo z& "331s:':r*l;,3u hfnth ^oI ORDINANCE ^*TENDING SPECIAL DEVEIFPUENT DISTRIET NO. 23, W,THE VAIL NATIONAL BAI{K BUILDING' AND SETTING - a-.)FORTH TIIE DETAII,S IN REGARD TIIERETO. J A \/ra'+'Ltt' WHEREAS, chapter 18.40 of the Vall l,lunicipal Code authorizes \Sc''r,kty Speclal Deve).opment Districts within the Town in order to encourage flexibility in the developnent of land; and I{IIEREAS, an application has been made to amend Special Developnent District No. 23, conmonly referred to as The Vail National Eank Building; and VIIIEREAS, in accordance with section 18.66.140 the Planning and Environmental Connission held a public hearlng on the proposed anendments and has submitted a recornrnendation to approve said amendnents to the Tonn council; and rEEREIS, tbe Tosn Councl.l flndg that the VaLl Nattolal EaDLrs requeat to provlde llulted (6 spao€sl ott-glte partlng ln tbc adJacent Vall Yalloy l{eCLcal centerra parklng gtructure ls a ualque and practlcal solutl,on, rbiah Lg oonsigtent ritb the publlc lntaregt; aad Tf,ERE.lS, tbie aolutlon lg a direct result of tbe conprebengl.ve naster plannlng process for tbe tollovLng, adJacent propertLee: -vall lfatl.onal BaDlr Buildlng property -vall velley tiedlaal cslter property -Doubletrea lotel propcrty lbrougb a Jolnt cffort to nagter plan tcaess, Parkl'ag, and other gito dcvclopnent, a congolldated partlng struoture aad vchlcular tlcceaa off of Soutb lrontage Road bat beea createll, thoreDy reducl.ag vabl.cular traffic on r€st trleadov Drive. NOW, THEREFOFE, BE IT ORDAINED BY THE TOWN COUNCII, OF THA TOr{N OF VAIL, COTOR,ADO, THAT: Section 1. The Town Council- finds that the procedures for a zoning anendnent as set forth in Chapter 18.66 of the Municipal Code of the Town of Vall have been fully satisfied, and all other reguirements of the Municipal Code of the Town relating to zoning arnendnents have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to special Developnent DiEtricts in chapter 18.40 of the Municipal Code of the Tonn of Vail have been fully satisfied. ,I Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: The developnent plan is conprised of those plans subnitted by sidney Schultz-Architect AIA, and consists of the following documents: 3. Architectural Plans designated as Sheets A1 and A2, dated Decernber 26, 1989. Section 4. Section 5, Paragraph E. of ordinance No. 9, Series of 1989 is hereby amended to read as follows: E. Parking Parking dernands of thLs development shall be net in accordance with the off-street parking requirenents for specified uses as stated in Section 18.52 of the vail. Uunicipal Code. Six parking spaces requl-red by this development shall be provided in the adjacent Vail Valley Medical Center parking structure. Section 5. Section 5 of Ordinance No. 9, Series of 1989 is hereby anended by the addition of subparagraphs 5-6 to read as follows: 5.The vail National Bank Building shall not occupy the expanded premises as shown on architecturaL plans A-1 and A-2 unless Vail Valley Medical Center has received a Temporary certificate of occupancy for the parking structure. Ttre Vail National Bank Building agrees that if for sone unforseen reason the Vail vaLley ltedical Centerrs parking structure is not conpleted, the newly constructed deck enclosure shall only be allowed to be used for common storage. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinancei and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6. thall any addltlonal parklng erpansl.ons or redeveloPnent, provided on-site tt th€ VaiI be regul.rsdl for future saLd parking Bhall be National Bart buildllg I e / section 7. The Town Councll hereby finds, deternines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 8. The repeal or the repeal and reenactnent of any provisions of the Vail Munlclpal Code as provided in this ordinance shall not affect any right which has accrued, any duty inposed, any violation that occurred prior to the effective date hereof, any prosecution comnenced, nor any other actlon or proceeding ae comnenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby ehaLl not revive any provision or any ordinance previously repealed or superseded unless exlrressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be conEtrued to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS =h1- dAY Of JuLv , 1990, and a publlc hearing shall be held on this Ordinance on the 3rd day of Julv , L99O at 7s3O p.n. in the Council Chambers of the Vail l,tunicipal Building, VaiI , colorado. Ordered published in full this 3rd day of Julv , 1990. Kent R. Rose, lfayor ATTEST: Pamela A. Brandneyer, Town Clerk INBRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , x990. ATTEST: Pamela A. Brandmeyer, Tolrn clerk Kent R. Rose, l,layor MINUTES VAIL TOUN COUNCIL MEETII{G JULY 17, 1990 7:30 P.M. A regul ar 7:30 p.m. meeting of the , in the Council Vail Town Chambers MEMBERS PRESENT: MEMBERS ABSENT: TOI{N OFFICIALS PRESENT: Counc'll was held on Tuesday, July 17, 1990' at of the Vail Municipa] Building. Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fri tz'len Jim Gibson Merv Lapin Robert LeVine Peggy 0sterfoss None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Cl erk The first item was a ten year emp'l oyment anniversary award to Linda Barca. Ron Phi'l'lips gave brief backgiound information on Ljnda who is a Bus Driver with the Pub'lic'Woiks/Transportation Departnrent. Skjp Gordon made some additional comments, and Mayor Rose thanked Linda for her hard work and her years of service. The next order of business was Citizen Participation. There being none, Counci'l moved on to the third item of business. Item three on the agenda was a Consent Agenda. Based on Council request, Mayor-Rose stated a'll items wou'ld be handled separaiely. Item A was Ordinance l{o. 20, Series of 1990, second reading, an ordinance amending 0rdinance No. 10, Series-of 1990' Specia'l-Development Dii[rict l'lo. 4, Section 16.46.100 C, Density Floor Area, Area C Gien Lyon dup'lix'lots to provide f6r gross residential f'loor area to be ca'lcu'lated per ttt6 requlrement of thl primary/seiondary zone district_Section 18.13.080 Density bontro'l; and setting forth ietail! in regard thereto -(fqOlicant: 75% of Glen Lyon subdiviiion properti owners). The tit'le was read in fu'|1 by Mayor Rose. Kristan pritz and Sh;]]y Meilo made'a brief presentation. Jim Gibson stated concerns t.giraing additional GRFA requests, with Shel'ly responding that this change was ln tola1 coiformity with current zoning and'lot size. She'l'ly Me1'lo stated there had Ueen no tpecifii reason for the 4,260 square foot restriction on GRFA in regards to negotiatibn issue, and that the d6veloper had vo'l untarily agreed to thls provision in-order to ensure the qua'l ity of the subdivision. Tom Steinberg moved to approve this ord'inance on second reading, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimous'ly 7-0. Item B under the Consent Agenda was 0rdinance No. 23, Series of 1990' second -ieiaing; in ordinance ameniing Section..18.26.04O of the Municipal Code to inc'lude as "-ionAiiiJna] use "Te'levision-Statlons" ln the Comercial Core II zone district inppiiii"i, vii'l/geaver Creek Televis'ion Network). Ih" full title was read bv fialbr noie. l'like Mollica stated there had been one change on1y,-and that was toitii.tion I. Definition of TV Stations.u Bill Perkins, representing the appllcant, stated he did have a question in regard to the term "satellite dish," and.further questlons on the two ioot diameter iequirement and exemptions. Further discussion prorpt"A a"]eting the verbiage for saiellite dishes from the end of Section I. F.ss! O.t".foss ilso-requestEd c'larification of the production studio and what vlews would be available to in'e pub'lic. Bil'l Perkins stated the publjc wou'ld be able to view inside ttre proiuciion'equipment with seating provided within the studio,. and another studio tor iiping iniervlews would be on-the walkway immediate'ly-to the exterior of that studio ip".". Rob LeVine moved to pass Qrdinance No. 23 on second reading, with a ""cJna "o.ing from Tom Steinberg. A vote was taken and the motion pariel-in"nimousty Z-0. Mik6 Cacioppg spoke agiinst the approval of this ordinance i.aiiatins that hi naa a ierious prbblem'with lhe location of television studjos on tne first-t'loor 'level , in that this has previously been reserved for restaurant. or riiail ipace and shouid be the continued use in C6nmercial Core I and II, and that if the Council were-io-apptoui itrls orainince, it would "smack of special privilege and election payoffs." I 1 {8,,Item C under the Consent Agenda was 0rdinance No. 25, Series oFrfgo/3af4a reading, an ordinance amending SDD No. 23, Vail Natlonal Bank, PartW(1fl| Block 2, Vail Vi'l'lage 2nd Filing, 108 South Frontage Road }Jest (App'licant: -VaifNational Bank Bul'lding Corp.). Mayor Rose read the title of the ordinance ln fu'l'1.- Mike Mol'l ica lndicated numerous changes to the "l,lhereas" section at the beginning of the ordinance had been included based on a request by Merv Lapin. These changes were to acknowledge the singular and unique situation in which the Bank finds itself. Jim Gibson had questions in regard to future use of this parking faci'ljty and the right-of-reverter clause. Specifically, he asked whether the reverter clause had been lifted, stating the reverter clause was of some issue because if in the future the medical fac'i lity were not located on this site or if the structure were destroyed and not to be rebuilt, Vail Associates cou'l d once again obtain exclusive use of-this portion of land which wou'l d then negate any parking arrangement the Vall I'lational Bank Bui'lding had with the Medica'l Center. Lamy Lichliter with Vai'l Associates acknowledged the reverter c'lause situation and stated the clause had not been lifted. However, the situation u,as one with which they had dea'lt. Fo1 lowing discussion, Rob LeVine moved to approve Ordinance No. 25, with a second coming from Kent Rose. At this point, Jay Peterson asked to tab1 e this ordinance in order to c'l arify the reverter clause question. Rob LeVine withdrew his motion, and Kent Rose his second. Peggy 0sterfoss then moved to tab'le this 0rdinance No. 25 to the August 7 meeting, with-i second coming from Jim Gibson. A vote was taken and the motion passed 5-2, with Tom Steinbeng and Merv Lapin opposing. The fourth item of business was 0rdinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone distrlct of high density multi-family to Special Deve'lopment District No. 7, connonly referred to as the Marriott Mark Rbsort; and setting forth details in regard thereto (714 West Lionshead Circle, Lots 4, 7, C, D, Biock 2, Uai'l-Lionshead 3rd Filing) (App'licant: M-K Corporation' ;'1ark L6d9; C6ndominiums, and Mark Resort & Tennis Club). Mayor Rose read the-full tit'le. Kristan Pritz presented a brief history relating to the applicatlon of HDI'IF zoning to the Special bevelopment District. Because this item had been presented injts entirety at the June 19 evening meeting, Kristan focused on changes that had occurred since that meeting. the GRfR had-been reduced to 58,800 square feet, which was a reflection of 56 timesharing units at approximately 1,050 square feet per unit. Ned Gwathmey, architect for the project, explained that a computer analysis presented a refinement of the plan and had a'l tered the original_figures_and reduced the total GRFA by approximately 8,400 square feet. Kristan explained the consideration of'both the 0rdinance No. 21, as previously stated, as well as Ordinance No. 22, relating to amending the SDD No. 7 to allow timeshare, cou'l d. be discussed in the same arena, but she asked specifica'l ly that indlvidual votes be taken on each of those ordinances. From research staff had put together' it appeared the SDD actual'ly had two underlying zone districts. The eastern Lot 7 had pubtic accormodation zoning. However, that-was in conflict with John Ryan,-who.had prepared the original EIR in 1977 and-referenced Lot 7 as being zoned.HDMF in his hIn. Lots 4 and-S, which are to the west of Lot 7, appeared to have been zoned HDMF. Staff recommendation for using the HDMF zone district as an underlying zone district to the SDD No. 7 was then presented. Kristan noted severa'l areas regarding HDMF zoning that made this zoning appear appropriate and applicable to the ltlarriott site. I'lerv Lapin then raised thi issue about the appropriateness of the HDMF underlying zoning for al'l three 'lots at the Marriott site. A discussion ensued and it was-pointed oit by the Town Attorney that the underlying zoning would affect the uies spicifica1ly to-r tne SDD and that the Council should consider the criterja from the Vail Land Usi P'lan and whether this was a furtherance of that Land Use P'lan. At itris pojnt, Peter Jamar, Jay Peterson, Kaiser Morcus, Ned Gwathmey, lteff :J-acquard' and Jbhn Sieeney were introduced, all'as representatives of the ltlarriott Mark ippflciiion. p6ter Jamar respolied to sugglstions made by members of the Counci'l at tiri.lune 19 meetlng and indicqpfJhat four revisions, comitments, and _ -c'farifications were Aens or6Qi;.rT* from the applicant dated July 10, 1990. 1. GRFA \ t-ft'. The previous GRFA total propoYJffdi,,7l,z00 square feet, excluding 4,000 for the ten employet-unltt. Aftei" flrthei {uay-and ana'lysis of the floor plan' the applicant proposei to reduce the total to eZ-,gO-O square feet. Both figures include the 4,000 square feet for employee units. ?. Architectural features of existing hote'l exterior Peter sald it had been suggested that in addition to their pt'evi.ous comnitment to repaint the exterior-of ttre existing hotel , they would study alterations of tire balconies in order to improve [tre Uuiidingis appearance. Feeling this was an exce'l lent suggestion on the Counci'l 's part, the applicant-was investigating various design solutions and agreed to include a new balcony deslgn 'ln the project. -2- a t : ,3. Time sharing Due to severa'l questions regarding the timeshare nature of the expansion, the app'l icant had prepared an informationa'l memorandum addressing specific questions and this was inc'luded in the Council packet. 4. Left turn 'lane As a point of clarifjcation, the app'licant fu'l1y undenstood that if for some reason the overal 1 funding strategy for Frontage Road improvements js not estab'l ished prior to issuance of the applicant's certificate of occupancy, the applicant may be responsible for 100% of the cost of the'left turn lane off the Frontage Road to llest Lionshead Circle with a right of reimbursement for costs exceeding their fair share at some future date should an overa'l I funding mechanism be put into p1ace. Kaiser Morcus stated that a $4.5 million upgrade had been p'lanned for the Marniottfacility, and this wou'ld jnclude a tota'l refurbishment of the interior as wel'l as the exterior. As far as ma'intenance of the new buildjng, Kaiser explained there was a reserve fund that had been estab] ished which represented ten percent of the tota'l operating fund to upgrade and maintain the new faci] ity. At this point, Jay Peterson reminded Counci'l that the applicant was estab'l ishing underlying zoning and not changing it; that the original zoning had been placed back in 1973. Cindy Jacobson presented corments negative to the granting to the approval of this ordinance. Jim Lamont also spoke about the SOD specia'l 'laws and whether this was being handled in a procedural'ly correct manner, he noted that with the two zoning districts invo'lved in this property and the most restrictive use shou'ld app'ly. He stated hjs concern about fractionalization of accommodation units and protecting the bed base and convention business for the L'ionshead area, as we] I as the Town of Vai'l . Kaiser Morcus reiterated h'i s desire to cater to convention business. Eric Affeldt spoke in regard to clarification of the underlying zoning being HDMF, and restated the actua'l locations of the parcels in question. Jim Gibson expressed his concern with 0rdinance No. 22, the ordinance allowing timeshare development at the Marriott, and stated the report received from the applicant seemed very subJective. He felt that maintenance of privately owned properties was certainly more desirable than the timeshare scenario. f,lerv Lapin then made a motion to approve 0rdinance No. 21, based on his scrutiny of the surrounding neighborhood and noting that the Vail Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CCII. Tom Steinberg seconded this motion. Tom Steinberg then wjthdrew his second explaining he be1 ieved the eastern 1ot, i.e., the actual Marriott physical faci'l jty' was to remain public accommodation, and when he understood this was not so' withdrew his second of that motion. Kent Rose then seconded Merv Lapin's motion to approve 0rdinance No. 21. Rob LeVine stated that even if the Council approved both 0rdinance Nos. 21 and 22 on this evening, if the app'l icant wanted to do something outside the current SDD, he would have to come in again for a major amendment to the SD0. Merv Lapin ca'l]ed the motion. A vote was taken and the motion failed 2-5, with Rob LeVine and Kent Rose voting for approval of 0rdinance No. 21, and the remaining five members of Counci'l voting against. Based on this vote, Jay Peterson requested 0rdinance No. 22, Series of 1990' be tabled to the next'regular meeting of the Vail Town Council, August 7' 1990. Peggy 0sterfoss moved to tab]e Ordinance No. 22 to the August 7 meeting, with a second coming from Rob LeVine. A vote was taken and the motion passed unanimously 7-0- Eric AtfelOt then requested a synopsis of the vote, with reasons from each of the Councilmembers to explain their votes. Rob LeVine stated in order to protect_ the Town of Vail zoning, the entire parcel , i.e., all lots, HltrlF seemed to make the most sense and was a cl6iner SDD. There was a process already set up for further review and change and he felt that the Town had explicit protection. Lynn Fritzlen.fe'lt it was lmpoitant to estab'lish under'lying zoning, but felt that any increase in-bu1k and mass sirould not be addressed on a singular basis. Tom Steinberg felt that having split zoning on the property was inappropriate. Kent Rose felt much the same as Rob LeVlne, staling that'thi HDMF already existed on this pqrcel, and he felt that.HDMF for th6 westeri parcel was more appropriate and so should be acknowledged. as the overall ioning.'Merv Lapin statei'ttrlt tre was against timeshare, a'lthough he.did feel that HDt'lF was the abpropriate zoning for this particular parcel.. He stated he was against tinresharing blcairse of the numerous foreclosure notices he sees for tlmesflare oh,ners in Eag'le County. Peggy Osterfoss stated she voted against this ordinance because she 6bjected io changing density independent of the approval of the ordinance amending the SOD. Jim Gibson stated he was against the ordinance because of the uncertiin qua'l ity of timeshare projects, and that HDMF would alIow the timeshare use. The time being 10:30 p.m., Mayor Rose called for a five minute break. -3- )I I The next item of business was 0rdinance No. 19, Serles of 1990, first reading, an ordinance modifying Section 18.13.080(A) of the l'lunicipal Code of the TOV regarding density contro'l for the prinary/secondary zone district (Applicant: Town of Vai.'l). i4ayor Rose read the fu'l'l tit'le of the ondinance. Andy Knudtsen stated this amending ordinance was to correct a typographica1 error. Mike Cacioppo asked questions in negard to the affect this ordinance wou'ld have on his personal property and was satisfied with the lnput from staff. Tom Steinberg made a motion to approve Ordinance No. 19 on first reading. Lynn Fritz'len seconded that motion. A vote was taken and the motion passed unanimously 7-0. l'lext was 0rdinance No. 24, Series of 1990, first neadlng, an ordJnance making supplemental appropriations from the Town of Vail genera1 fund, capital proJects fund, Conmunities for Drug-Free Eagle Val'ley fund, special parking assessment fund, Vail marketing fund and the rea'l estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Mayor Rose read the ful'l tit'l e. Merv Lapin suggested he ord'inarily was not ln favor of supplenental appropriatlon ordinances, but in this case, the majority of iterns were rollovers from 1989 and passage was appropriate. Jim Gibson moved to approve Ordinance No. 24, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 28, Senies of 1990, first reading, an ordinance amending the plan document of the Town of Vail employees' penslon plan; and setting forth details in regard thereto. The fu]l tit]e was read by l4ayor Rose. Charlie Wick stated that the next three items,0rdinance No.28,0rdinance No. 29, and Ordinance No. 30 were nearly identical documents, that state law requires separate documents fon police and fire as opposed to Town of Vail employees' pension plan, and they must be reviewed independent'ly of each. Merv Lapin moved to approve 0rdinance No. 28 on first reading. Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanimously 7-0. Qrdinance No. 29, Series of 1990, first reading, an ordinance amending the Town's Po1 ice and Fire pension plan document subject to approval by sixty-five percent (55%) of the Town's Po1ice and Firemen; and setting forth details in regard thereto, was next on the agenda. Mayor Rose read the title in ful'l . Char'l ie Hick stated that an e'lection had been held on July 2 and 3, 1990 at the Vail Municipa'l Building for the Town of Vail and the results were as follows. The Town of Vail has 15 sworn fire personnel with 13 votes cast for amendment six; one vote against amendment six; and one fire personne'l not voting; therefore, 93 percent voted for amendment six. In regard to the po'l ice election, the Town of Vail has 27 sworn po1 ice personnel;2? votes cast were for amendment six; none voted against anendment six; and five police personne'l did not vote; therefore, 92 percent of the sworn police personne'l voted for amendment sjx. In order to pass, 65 percent sworn personnel must vote on an issue. Merv Lapin moved to approve 0rdjnance No. 29 on first reading, and Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanlmous'ly 7-0. Item ten on the agenda was 0rdinance No. 30, Series of 1990, first readlng' al ordlnance amending the trust agreement pursuant to the Town of Vail employees' pension p'lan; and-setting forth details in regard thereto. The full title was read by ilayor'Rose. This amendment allowed VMRO to have a voting member on the Eoard of Trustees for the Town of Vail Emp'l oyeesr Pension Plan. Merv Lapln moved to approve this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the motion passed unanimously 7-0. Item e'leven was an appeal of a Planning and Environmental Conmission declslon regarding the PEC's denia'l of a request for a height variance for an additlon to Coidominium Unit E-6, Lot P, Block 50, Val1 Vi'llage 1st Fi'ling (141_East t!"f9gl Drive - Crossroads C6ndominiums) (App'llcant: Sid Schu'ltz for H. t{i'lllam Smtth). Mike t'lo'l'lica requested that Couicii irphold or overturn the decision of the PEC. The PEC at their June 25, 1990, public heaning had unanimously denied the requested height variance, that vote being 6-0. Merv Lapin stated that he owned 50 percent interest in Uni[ C-l of Crossroids, which disqualified him from voting on this issue, so he stepped down from the hearing. Tom Steinberg divulged !ha! ltg had a 3 percent interest in a mortgage in a unit it Crossroads, but did not feel that was a slgnificant conflict, so he opted to vote on the ltem. Jay Peterson stated he was an attorney rep"esenfing the ipplicant, and Sid Schultz was the architect on beha'lf of the appiicairt. Some discussion ensued in regard to whether other condominium oh,ners hiit Ueen notified of this request for the use of their co] lective GRFA, and Mer'le Sachnoff, who is secretary of the association, stated letters had been sent out to 22 condominium owners wiitr ZO responding they were in favor of this addition -4- t t and two voting against. Rod Sl'lfer spoke on beha'lf of the applicant, stating jt was important to encourage upgrading of o'lder facilities within the Town of Vai'|. LynnFritzlen voiced her discontent with the procedures stating that she would prefer hav'ing a po1 icy statement rather than treating this as a singular iten. l'like t4ollica stated no additional parking requirement wou'l d be neiessary since the total square feet of the unit, inc'l uding the addition, would noh, come to 1,695 squarefeet. Peggy 0stenfoss noted that this was not like other in-fil1 in the Village, and was more an extension of an existing architectura'l e'lement. Peggy Osterfoss moved to upho'l d the Planning Conmission's decision for denial of this.request, with a second coming from Kent Rose. Her findings included that this would be a grant of special privilege because the building itself is not a physical hardship. A vote was taken and the motion passed unanimously 6-0. At this point, Susie Bruce, who was not represented by counsel , requested an audience with the Tonrn Council to discuss the lease for space currently held by the Town of Vai'l in the Village Inn project. Her questions related to the term of the'lease as we1 'l as the CPI or adJustment over time. Steve Barwickrs recommendation was to compromise, with the market value adjustment after five years. He suggestedthat an appraiser shou'l d eva'luate the property. This would guarantee after a fiveyear period of time, the Town of Vail wou'ld be getting its equitable 'leaseho'ld space amount. The Council unanimously agreed and gave djrection to staff to proceed with signing of the lease with !4s. Bruce. There being no further buslness, the meeting was adjourned at 11:45 p.m. Respectfu'lly subnitted, ATTEST; Minutes taken by Pam Brandmeyer ,l.6nt a,ruuu*-, Brandmeyer, Town Clerk -5- MINUTES VAIL TO}IN COUNCIL IiIEETING JULY 3, 1990 7:30 P.ltl. A regu'l ar meeting of the Vai'l Town 7:30 p.m., in the Council Chambers MEMBERS PRESENT: MEIIBERS ABSENT: TOI{N OFFICIALS PRESENT: Wfr au-:1 5,,99;., Counci'l was held on Tuesday, July 3, 1990, of the Vail I'lunicipal Building. Kent Rose, lilayor Tom Steinberg, lvlayor Pro Tem Lynn Fritzlen l4erv Lapi n Robert LeVine Peggy Osterfoss Jim Gibson Ron Phil'l ips, Town ltlanager Larry Eskwith, Town AttorneY Pam Brandmeyer, Town Clerk The first item on the agenda was Citizen Participation. James Johnson discussed the present outlying bus schedu'le and reviewed a proposed new schedule he developed. Mayor Rose stated Counci'l appreciated the time and effort Janes had spent on this item, and it had been discussed at the t{ork Session that afternoon. He added that the pnoposed schedu'le may not be feasib1 e because of the Town's budget, but staff woul d'l ook into changes and be ready to discuss with Council next week. Next was a Consent Agenda of the fo'l lowing items: A. Approval of Minutes of the June 5 and 19, 1990 l4eetings B. Ordinance No. 18, Series of 1990, second reading, an ordinance amending Section 18.12 of the Vail Munjcipal Code to provide for bed and breakfast operations under certaln provlsions and circumstances and setting forth detai'ls in regard thereto. (Applicant: Town of Vail) C. Tab'l inq to Ju'ly 17 Evening Meetins of 0rdinance No, 21, Series of.1990, ng an underlYlng zone district of high density mu'l ti-fami'ly to Special Development District No. 7, conmonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. D. Tab'l inq to Ju'ly 17 Evenins Meetins of 0rdinance I'lo. 22, Series of 1990, Pecial DeveloPment District No' 7, commonly refiired to as the Marriott Mark Resort, and the development_plan in accoidance wlth Chapter 18.40 of the Vail Municipal Codel and setting forth details 'ln regard thereto. E. Tab'ling to Jul.v U Evgning M?elinq of an appea'l of a Plannilg and rdinb'the PEC's denial-of a request for a height var'lance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail 0tltage lst Fi'ling (141 East Meadow Drjve - Crossroads Condominlums) (Applicant: Sid Schultz for H. lJilllam Smith) F. Resolutlon No. 16, Series of 1990, a reso'l utlon authorlzing the acquisition by the Town of Vail, Colorado (thi "Town") of certaln real property located iir ttre Town from Robert l'1. Glake and Fern F. Glake ("Seller") for a purchase price of $tog,ooo; such real property to be devoted to public- purposes; authorizing ihe issuance by the Town of its promissory note in the'amount of $87,200 payable in thrle annual insta'l'lments, and secured by a deed of trusi uion the-subject real property; and prescribing other details in connection with such acquisition and purchase. G. Resolution No. 17, Series of 1990, a resolution authorizilg the acqulsltion by the Town of Vai'|, Co'lonado (th6 "Torm") of certain real.property located iir ttre Town from Diion Keyser and Luci'l 1e'Keyser ("Se1 1er") for a purchase price of 9109,000; such rla'l property to be devoted to publig purposes; iuthorizing the iisuance by the iown-of its promissory note in the amount at n r, : t of $87,200 payable in three annual insta'llments, and secured by a deed of trust upon the subJect real property; and prescribing other detai'l s- in connection with such acquisition and purchase. Mayor Rose read the ful'l tit'les of a'l 'l ltems. After a short discusslon, I'lerv Lapin maie a motion to approve the consent agenda as presented. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 6-0. Third on the agenda was 0rdinance No. 20, Series of 1990, first reading, an ordinance anend'ing 0rdinance No. 10, Series of 1990, Special Deve'lopment District l,lo. 4, Section 18.46.100 C, Density Floor Area, Area C G'len Lyon dup'lex lots to- proviile for gross residentia'l floor area to be calcu'l ated per the requirement of the primary/secondary zone district Section 18.13.080 Density Contro'l; and setting forth detai'ls in regard thereto. (Applicant: 75% of Glen Lyon subdivision property owners) The full title was read by lilayor Rose. Shel'ly Mello explained the amendment and exactly what the changes would do. She reviewed the SDD criteria and deve'lopment standards used ln evaluating the request, noting the Planning and Environmenta'l Cormission approved the request by a vote of 4-1, with Diana Donovan opposing. She'l'ly and Kristan Prjtz then answered questions of Council. 4ndy Norris gave some background information to he'l p clean up some misunderstanding of reasons ior the changes. Tom Steinberg then made a motion to approve the ordinance on first reading, which Peggy 0stenfoss seconded. A vote was taken and the motion passed unanimously 6-0. Next was 0rdinance No. 23, Senies of 1990, first reading, an ordinance amending Section 18.26.040 of the Municipa'l Code of the Town of Vail to include as a conditional use "Television Stations" in the Comnercia'l Core Il zone district and setting forth the details ln regard thereto. (App'licant: Vai1/Beaver Creek Televiiion Network) Mayor Rose read the ful1 title. tlike t'lol'lica gave background informat'ion and reviewed the zoning criteria used in evaluating the request to add "TV stations" as a first f'loor level , condjtiona'l use in the Commercia'l Core II zone district. Mike noted staff recommended denial because the request was not consistent with the review criteria and was inappropriate for first floor 'leve'l space. He reviewed the Planning and Environmental Commission's vote of 4-2 for dlnial, with Chuck Christ and Di'lton blil'liams opposing. Mike also referred to the staff nemo dated July 3, 1990 showing PEC members' comments. Bill Perkins' representing the Vai'l/Beaver Creek Tilevision Network, gave reasons why he fe'lt the request fon conditiona'l use shou'ld be approved. After much more discuss'l on, Merv Lapin made a motion to approve the ordinance on first reading. Seconding_the.motion was Peggy 0sterfoss. Lynn Fritzlen suggested two additional items be included 'i n the criliria for conditiona'l use: 1) i-studio or production room be visible from the street, and 2) only cable casting with no broadcast antennas [gipg plrmitted. Merv amended his rirotion to include the additional criteria. A vof l#.F.tffnfiU the motion passed unanimously 6-0. I f L L t Ul- I Fifth on the agenda was Qrdinance N0.25, Series of 1990, first readjng'_a! ordinance amending Special Development Distrlct No. 23, the Vail Natlonal Bank Building, and set[inb forth the detalls in regard thereto. (ApPlicant: .-Vai] Nationai Bank Building Corp.) ltlayor Rose read the full title of the ordinance. t{ike Mo]lica mentioned the Viit ttitional Bank had been before Council a few months earlier to request an amendment to SDD No. 23. The request noh, ulas almost identica'l in ttrat it ini1uOeA the enclosure of two thind floor decks. Mike gave brief bickground information, noting the problems with the prior request, and-how-the requ6st has changed. ie then-detaiied the SDD criteria used in the evaluation, adding staff recormended approval of the request, with two conditions: 1. The Town of Vail wi] I not lssue a temporary certificate of occupancy to the Vail National Bank (for the enclosure of the two ba'lconies), until.such time as the Medica'l Center receives a temporary certificate of occupancy for the parking structure. Z. If for some unforeseen reason the Medica] Center's parking structure is not compieted, the new'li ionstructed deck enc'losure sha'l'l on'ly be a'l'lowed to be used for cormon st6rage. ThL owner shall be required to submit a written agreement iAareising ifiis condition on the use of the space for the_Town Attorney's review' and this itratt Ue recorded on the land recordi at the Eag'le County C1erk and Recorder's 0ffice. Mike reported the Planning and Environmental Cormission voted 6-0 for a reiottmenAation of app"ouai. At this time, Rob LeVine made a motion to approve the ordinance on first i"eading, with the conditions as recormended in the staff memo dated June 25, 1990. Meni'Lapin seconded the motion. After some discussion, Tom -2- .t Steinberg explained why he would have to voterepresenting the applicant, responded to Tom's against the reguest. Jay Peterson, concerns. Respectful ly submitted, There was discussion-by Council to add language in the "lfhereas', section to indjcatethis was a special circumstance to solve intricate parking problens. noU amenaeAhis motion to include the added language, and Merv imenael iils second. A ;;a;;",taken and the motion passed 4-2, with iom Steinberg and Lynn Fritzlin oppo.ins.' Sixth on the agenda was 0rdinance No. 26, Series of 1990, an emergency. ordinance forthe purpose of allowing parklng as a temporary permitted'use in ai aria souttr oi tneVista Bahn termlnal from Vail Road to Chiir 1i,'and setting tortn aetiiti-in regarUthereto- The full title of the ordinance-was read by ttayoi Rose. non ptritttpi- comtented the ordinance was written to a'l'levjate the-teniorary parking proUiefil anawas discussed with Vall Assoclates (owner of the property), t[e'Foreil ierviiei anasurrounding business o$,ners - all approved. non tneir reii6weO drawings of the'property where the proposed parking would take place. He added the PTanntnt andEnvironmental Cormission, at the Council t'lork Sission today, was informed ;f 1h;p'lan, and there were no objections voiced. There was some-discusslon itrit it-wourdbe a good idea to notify the property owners around Mill Creek Circle Uy tetier-ofthe plan. A motion to approve the oidinance as an emergency ordinance ias miae uyTom Steinberg and seconded by Peggy Osterfoss. A vote ias iaken and the rotionpassed unanimously 6-0. There being no further business, this meeting was adjourned at 9:40 p.m. ATTEST: Minutes taken by Brenda Chesman -3- i' 7:30 7:35 Kristan Pritz Kristan Pritz Kristan Pritz Mike Mollica 1. 2. VAIL TOI.IN COUNCIL REGULAR IIEETING TUESDAY, JULY 3, 1990 7:30 p.m. EXPANDED AGENDA CITIZEN PARTICIPATION Consent Agenda A. Approval of Minutes of the June 5 and 19, 1990 Meetings B. 0rdinance No. 18, Series of 1990, second reading, an ordinance amending Section 18.12 of the Vail Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and setting forth details in regard thereto. (Applicant: Town of Vail) Action Requested of Council: Approve/deny 0rdinance @econdreading. Eackground Rationale: In December of 1989, the Counci'l ffi 31 to allow bed and breakfast operations in the Town. The two family residentia'l (R) zone district was inadvertent'ly omitted. This amendment is to correct that omission. The PEC voted 5-0 to recormend the amendment. Slcff Leclnlleldatio!.: Approve Ordinance No. 18, Series @ading. The omission of the two family residential zone district from 0rd'inance No. 31 was unintentional , and persons in this zone district shou'l d be permitted to apply for a bed and breakfast conditional use perm'i t to operate such businesses. C. Tabling to Ju'ly 17 EveninE Meetins of 0rdinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-family to Specia1 0evelopment District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. D. Tablins to July 17 Evenins Meetins of 0rdinance N9. 22, Series of 1990, first reading, an ord'l nance amending Special Development District No. 7, conmonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. Background Rationa'l e: Jay Peterson has written affiquesting Ordinances No. 21 and 22 be tab'led unti'l the Ju'ly 17 Evening Meeting so he can further prepare for a presentation. E. Tablinq to Ju'ly 17 Eveninq Meetins of an appeal of a Planning and Environmental Cormission decision regarding the PEC's denia'l of a request for a height variance for an addition to Condominium Unit E-6' Lot P, Block 5D, Vai'l Village lst Fi'ling (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schul tz for H. trli 'l I i am Smi th ) Background Rationale: Sid Schultz has written a letter to Council requesting th'is appeal be tabled unti'l the July 17 Evening Meeting. ,i F.Larry Eskwith Larry Eskwith 7:50 Kristan Pritz She'l 'ly Mel I o 8:20 Mike Mollica Resolution No. 16, Series of 1990, a resolution authorizing the acquisition by the Town of the Vail das Schone property owned by Robert ll. Glake and Fern F. Glake for a purchase price of $109,000; such real property to be devoted to public purposes; authorjzlng the jssuance by the Town of its promissory note jn the amount of $87,200 payable ln three annua1 installments, and secured by a deed of trust upon the subject real property Action Requested of Council: Approve/deny Resolution No. 16, Series of 1990. Background Rationale: This resolution provides forma'l approval of the purchase contract, the promissory note, and deed of trust for the purchase of 2lots in the VaiI das Schone subdivision. Staff Eeqometde$q: Approve Resolution No. 16,ffi Reso'l ution No. 17, Series of 1990, a resolutlon authorizing the acquisition by the Town of the Vail das Schone property owned by Dixon Keyser and Luc'i l'l e Keyser for a purchase price of $109,000; such rea'l property to be devoted to public purposes; authoriz'ing the issuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subJect real property Action Requested of Council: Approve/deny Reso'l ution No. 17, Series of 1990. Eackground Rationale: This resolution provides formal approval of the purchase contract, the promissory note, and deed of trust for the purchase of 2lots in the Vail das Schone subdivision. Staff Recommendation: Approve Resolution No. 17, Series of 1990. 3. 0rdjnance No. 20, Series of 1990, first reading, an ordinance amending 0rdinance No. 10, Series of 1990, Special Development District No. 4, Sectjon 18.46.100 C, Density F'l oor Area, Area C Glen Lyon duplex lots to provide for gross residentia'l floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. (App'ljcant: 75% of Glen Lyon subdivision property owners) Action Requested of Council: Approve/deny Ordinance No. 20, Series of 1990, on first reading. Background Rationale: The applicant is requesting a major amendment to SDD No. 4, Cascade Village. The amendment concerns the G'l en Lyon subdivision dup'l ex lots' method of ca1 cul ati ng a1 'lowab'le GRFA. 0n June 11, 1990, the PEC recormended approva'l of the request 4 to 1. Diana Donovan voted against the amendment as she did not believe it was appropriate to al'low the additional GRFA on the duplex lots. Staff Reconmendation: Approve 0rdinance No. 20, Series offfi9. 4. 0rdinance No. 23, Series of 1990, first reading, an ordinance amending Section 18.25.040 of the lvlunicipal Code to include as a conditiona'l use "Te'l evision Stations" in the Conmercial Core II zone distri ct (App'l icant: Vail/Beaver Creek Television Network) G. -2- {23'Action Requested of Council: Approve/deny Ordlnance No. Senles of 1990, on flrst reading. BackEround Ratlonale: The PEC, at their June 25, 1990 ffiencieo qeniai (oy a vote ot- 4-21 of request. 9: 10 Ron Phllltps 9:30 Actlon Requested of Counci'l: Approve/deny 0rdlnance llo. 25, Serles of 1990, on flrst readlng. Backsround Ratlonale: The PEC revlewed thts request at ffiublic hearlng and has unanlmously recormended approval (the vote was 6-0). Staff Reconmendatlon: Approve 0rdinance l{o. 25, Series of 1990, on first reading. 6. 0rdlnance No. 26, Series of 1990, an emergeney ordlnance for the purpose of a'llowing parklng as a temporary permltted use ln an area south of the Vista Bahn termlna] from Va'l l Road to Chair 12, and setting forth details ln rcgard thereto. Action Requested of Councj'l: Approve/deny Ordlnance No. 26,ffireiiing. BackEround Rationa'le: This emergency ordinance wl'l I a'l low parklng as a temporary use from Chalr l east to Chair 12. VA and the Holy Cross Ranger District have glven pre'llnlnary approval and the detai'l s are being worked out. The ondlnance wording wi'l'l be shared wlth the Councl1 and PEC Staff Recormendation: Staff recomends denlal. Please seeffindum. dur'lng the Joint work session Tuesday. Staff Recomendation: Approve 0rdlnance No. 26, Ssries of 1990, on emergency reading. AdJournment1. -3- t Present Chuck Criet Diana Donovan Ludwig KurzJln shearer Kathy Warren Dalton Willians PIANNING A}{D ENVIRONI.TENTAL COI{I.IISSION JttNE 25, 1990 StaffKristan Pritzl{ike llollicashelly uello Andy Knudtsen Penny Perry Menbers Absent Connie Knight In the interest of tJ.ne, work sessions were held prior to thepublic hearing beglnnlng at 12:40 p.m. A recruest for a work sessl-on on the Sonnenalp redevelopnent andproposed Special Develonrnent District at 20 Vail road, Part ofIpt L. Bl-ock 5-8, Vail Vlllage 1st Filina.fuIp Propertles, Inc. Kristan Pritz explained that the reguest was for the redevelopnent of the Sonnenalp property and a proposed Speclal Developrnent District. She gave a brief sumtnary of the request and reviewed the zoning analysis. She reviewed those itemsrelated to the project found within the Vail Village ltaster Planincluding sub-Area #1-3, enphasizing coals & Policies, andIllustrative Plans. She also provided corresponding prelininarystaff conments. Kristan then relayed connents nade by the Fire Departnent and Public Works. This was a work session, so no reconnendation was made. Jay Peterson, representing the applicant, explained that they were before the board on a prelininary basis and siutply wanted cornnents and suggestions so they could nove ahead with the design process. Irene tlestby, manager of the Talisrnan, explained that the olrners had discussed the proposal , though not in depttr, regarding coordinatlon with the sonnenalp on landscape and parking. As the manaqter, she would encourage the board to nove faster. They do have concerns with parklng, landscape and fire access. Jay expLained that he had rnet with the president of the association and the Sonnenatp had offered access through the Sonnenal.p structure. ttarllyn F1etcher, a Talisnan condoniniun o!ilner, felt the proposal was very nlce looking. she was concerned about the Eetbacks and Lngress/egress. Kent Rose, speaklng for himself as a Council Menber, felt thatthe zoning analysle found wlthin the nemo waE well prepared. fnthe future, he would like to see a conparison of the SDD with the VlllaEe llaster Plan as welL. He euggested to KrLstan to add thls comparlson to the present chart. He stated that the additlonal comparJ-son could help hin lean nore favorable toward the proJect. As it sas currently depicted, the proJect looked too large. Larry Eskwith explained that he would prefer that the Council nernbers not particlpate in ttre PEC neeting. The councll is aquasi-Judlcial board and he felt their partlclpation could causelegal problems. Diana aEked if they could speak in a general sense or at a nininum ask questions, and Larry Baid tryea.rl l{enr Lapin felt that page 2 of the meno waB the key. lirtren an sDDis proposed, there should be trade-offs. He wanted to know what these trade-offs were. He felt that staff presented the trade-offs in respect to the Marriott proJect well. Regarding thellarriott project, he felt that too nuch tine was spent conparingthe original appllcation to the current proposal . llery agreedwith Iarry Eskwith, that the Councilrs conments should be llnitedat this point. The Council was in a quasi-Judicial role. Kristan explained that the Planning Connission sinply wantedgeneral comnents and lssues that the councll felt needed to be addressed. Lynn Fritzlen asked if staff could restate the PurPose of applying underlylng zoning and Kristan explained that tlrere werebasically two reasons. The first was to identify the uses possible on the site and the Eecond was used to conpare the proposal with the underlying zoning requirenents which PEC and Council always request staff to do. Jay Peterson addressed the trade-off issue. He stated that the Sonnenalp building could neet the PA criteria, however, thebuildlng design would become a terrible bulky mass Ln the niddleof the lot. He also felt that the proposed use of 99t hotel rooma was a trade-off. Also, the proposal sas not far over GRFA. The current proposal was at 32 unitE per acre conpared to the 25units per acre called for under PA zoning. Peggy osterfoss etated that lt would be helpful if all parties concerned had a copy of the Vall Village Master Plan. Jin Shearer felt Lt was extrenely inportant for the sonnenalp to work vith the Tallsman regarding parking and landscaping. He was concerned about the lJudwlg deck and its inpact on the creek area. He also wanted to Eee the employee housing Lssue addressed. He was very concerned about the height creating a crowded feeling on l{eadow Drlve. He understood Jayrs couments regarding the bulk lnthe niddle of the lot, but felt that the mass could be pulled offof l{eador Drl.ve and a nore attractlve walk created. He felt the approach sould create uore Lnterest for the retail area. iIIn also felt a phasing plan was needed. Jln liked the increase in lodglng units, underground parklng, and felt that the Faesslers were good Danagera. He had Eone concern about the amount ofretail apace and density. He prefered the tower aB an archLtectural feature as oppos-d to a trbul.ldingr provldlng llvlng area in the tower. Kathy t{arren asked lf the staff could total all the eq. f,ootage calculatlons (GRFA, Accessory etc..) on the charts in the future. Fron uhat Ehe could quickly calculate, the proposal was over PA zoning by 25t. Kathy felt she could not eupport eetback varl,ances for vail Road, Meadow Drive or the Stream and she feltthat the heights called for by the Master PIan should be adheredto. Though slightly under on site coverage and over on Landscaping, the landscaped area is private and ehould be opened up and nore inviting to the public. creek access Ls lnportant. Kathy felt enptoyee housing was necessary and would like to see it on site. The Talisnan parking should also be addressed. No variances on parking should be glven. Lodge use is very good. she lB looking for the public good in respect to the proJect. Kathy felt that, because it was a hotel , she was not ag concerned with units per acre as she was uith GRFA. She did not Eee nuch in the way of benefits for the Town. Jay, in response to the employee housing issue, stated that the FaeEslers oin 24 units in solar Vail as well as soue unitg in Bighorn. Chuck Crist stated that he had alwayE wanted to see the slte developed. He had concerns about the tower. He stated that he was not as concerned with setbacks wlth the exception of Meadow drive. The mass on Meadow Drl-ve needs to be broken up. The loEs of landscaping is a problen. He also would llke to see enployee housing incorporated into the proJect on site. He felt that the Town Itould be losing green space and the stream would be blocked fron the pubtic and he liked the amount of retail space proposed. He liked the underground parking. Dalton was very concerned wlth the setbacks as ttrey related to the transfer of open Epace from publlc area€i to private areas- The 20 foot setbaLf nust be naLntalned. The bem, per the Vail Village l.taster Plan, should be kept. He felt that the building, along-lrleadow Drive, should be stepped back in order to avoid a trcanyontr affect. He did not feel he could approve the reguested setbick variances. The parklng for the entire proJect including Tallsman and Swiss House must be addressed' Dalton continued by quotlng the vall Vlllage l{aster Plan sub-Area *1-5 willow Bridge Road Wallflay aB etating: trA decoratlve paver pedestrlan saltcway, Beparated frorn the street and accented by a strong landscaped area to encourage pedestrian clrculatlon along ueadow Drive. Loss of parking will need to be relocated on eite.i Dalton felt that the lngress/egress ehould be on the eagt side of the Sonnenalp by Village Center (Swlss House) and the planter along ueadow Drive must stay. Dalton also felt that the bullding should be pulled back to buffer nolse from bus trafflc. He feltthat the gate should be noved east and felt that the naea and bulk was not compatible wlth Eaet l{eadow Drlve. Dalton felt that the 48 foot height requirement should be etrlctly adhered to, a 101 | tower was out of the questlon and the King Ludwig deck should be stepped down towards the creek. The deck creates too much of a wall. Dalton felt that the enployee houalng should be on-site and that the proposal was taking open tpace and landscaping away fron the public. The applicant should put inpublic spaces, like a stream walk. He conmended the FaesElersfor being excellent hotellers. Ludwig complimented the Faesslere for nrnning a xclass operation.n IJudwig Kurz felt the proposal needed a conprehensive parking plan as well as an accesa study. He felt he could give sone leeway with the height and mass, however, the building still needed work. Ludnig felt that the wall$tay and loading area uere Ln conflict and need a better interface. Jay stated that the loading area was located by default. Ludwig also felt that theinternal open space was naxinized at the sacrifice of areas along Meadow Dr. and Vail Road. Diana stated that the proposal disregarded the ValI Village Master Plan. She questioned whether parklng for conmerclal would be accessible and reserrred for conmerclal . Jay saLd space would be made available to cuEtoners. She felt that the building was beautiful but would be nore appropriate on large acreage. Dianafelt that a streanwalk should be proposed and the parking situation concerned her. Jay explained that he felt the parklng regrulatlons pertal-ned to snrattei hotel rooms. The proposed parking would work sinilar to Crossroads and the gate would be relocated. Diana felt that the IoadJ-ng needed to be either moved away from the creek or improved. Parking for Swlss House and Talisnan needs to be figured out. The role of the Talisnan also needs to be defined. nnployee housing nust be addresEed - perhaps permanently restrict what sonnenalp already has for employee units. she felt it was Luportant to know what the Tallsmanrs intentiont were soon and what would be done. Dl.ana also had concerns regardlng the setbacks along Meadow Drive and Vall Road. She didnrt have a problen with a varlance for an architectural statenent, however,the helght in general must be reduced. DLana was concernedwlrether an SDD was realy necessary. She questioned the benefltof the proJect to the pubIlc and stated rnore general publlc inprovenents were needed. Kathy Warren felt that the trash sltuation needed to be addressed and that the appllcant needed to eoften the approach at thepedestrian level . She aleo felt that new employee houslng units needed to be addreesed ln addltlon to thoee already owned. Shefelt the cornnercial equare footage also contributed to enployee housing denand. Jay felt tlrat an addltional enployee unit reguLrement would bepenalizing the applicant for having the foresight to purchase theunits. The appllcant purchased the Solar Crest units wlth theintention of conpleting the redevelopment currently proposed. Ton Steinberg coqrnented that he felt the proposal was going lnthe correct directlon. He also agreed with Dlana that he sas not sure an SDD would be needed. A recmest for a work sessLon for an exterior alteration, a site coveracre varlance. a heiqht variance. a landscape varlance and a floodplain nodification for the Covered Brldqe Building, located on Lot C and Lot D, and the southwesterlv 4 feet of l,ot B, all in Block 5-8, Vail Villacre 1st Filinq. 227 Bridqe Street. ltike Dtollica explained that the applicants were proposing a najor redevelopnent of the Covered Bridge Buildlngt. The proposal called for naJor nodlflcatlons to the front entrance of theexisting conrnercial spaces, the creatlon of lower level connercial spaces, infill on the north and northwest sections of the existing structure, the additlon of an elevator, and theaddition of two upper floors. The request involved 5 separateapplications, an exterior alteration request, a site coveragevariance request, a helght variance request, a landscape variance request, and a floodplain nodification request. Mike reviewedthe applicable zoning considerations and gave prelininary staff conments. Since this was a work session, no staff reconnendations were made. Kathy Warren aeked what the allowed GRFA rtas and l,like explainedthat the Euriley was not flnished and therefore calculations were not made with regard to GRFA. Ned Gwathney, project architect'felt that they would be within what was allowed. Ned explained the changes that were made since the staff memo waswritten. The only issue he felt that the PEC night be concerned about was the height of the new roof line. The new proposal did' however, elLninate the flat roof design. He explained that the adjacent propertieB were bullt prior to the enactnent of the he-ight reitrictione and noEt were above the height of the preeent covered Brldge Bulldlng. Ned etated that the proposal would be in line with the surroundl.ng proPerties, and that ttre deeign dld not negatively affect adJacent properties. In fact the proposal could enhance the adJacent propertles, for exanple, the new roof would Bcreen rrPeplrs wall.rl fon steinberg, sLtting in the audience, said he felt he vould have no obJections to the height variance due to the fact that the roof would screen PePirs wall. Dalton Willians encouraged working with the pocket park and extendlng the strean walk down to the end of.the property line, lf at all possible, so that lt could be contlnued in the future. Chuck Crist asked if they would be increasing connon space and Ned answered [no.rr However, there would be no decrease in connon space either. Chuck asked how the heignt related to the grade found on Bridge Street and Ned answered that Bridge street iE 6l higher than the grade used to calculate height. Ned also wanted Chuck to bear in nind that the building was stepped back, hence the highest point would be 5or off of the street. Chuck explained that he liked the proposal. He would like to see rnore flower boxes and perhaps a more Tyrolean look. Ludwlg Kurz felt the project looked-good. He-guestioned whether there was any oppositlon to the proJect and Mike explaJ.ned that the proposal had not forrnally been published since this vas sinply I work session. Mike explained that he did have one Iettei at that time from Rod Sllfer in favor of the proposal . Kathy warren asked, if they renoved the building-area by the park, highlighted in yetlow on the plans, includ-ing.the rear ltaii, ii ttri project would be in conpliance with Eite correrage. She also stated that she was not confortable with the height variance but lf the Town could end up with a nore usable public park she could consider the height variance. She was not Lonfortable with the site coverage variance. Kathy felt she could not object to the exterior aLteration, it was a much needed inprovement. Xathy guestioned shether the pocket park was ldentified in the vail-village ltaster Plan and Mike e:cplalned that lt was not addressed. - Kathy was concerned about the Bridge Street acceEs to the park and wanted to see rnore detail. Jirn Shearer felt the proJect was good looklng. He llked the roof lines and would like to see nore planter boxes. He stated that the reason behind a variance is to lmprove the property. He would tike to see inprovements to the streamsalk and to see all evergreens saved or 4 put ln for the 2 taken out. He felt there night be a problen slth the floodplain nodification. He sas concerned with the elevator shaft and water seepage. tle had noproblen vith the helght. He sould rather have an attractlve roofllne. He waB eatisfled with the looks of the propoeal. He feltthe gtaff and board needed to look at the vl.ew corrldor. Hetlked the way the proposal tLered back frou the street nlth thehelght. Diana Donovan felt lt would be wonderful to get a wallcray to core Creek Plaza. She felt it would be nice to have Jogs, and bay windoss on the north side of the building. She felt the accessto the park needed to be more entlclng. She was not sur€ aboutthe height. Trade-offE and other consideratlons such aE screening Pepi's buitding would be a help. She would have a hardtlne supporting the proposal lf the evergreen treea uere renoved. l{lke exptained that the Town Landacape Architect felt tbe treesuere.very healttry and would laet nany years. Diana suggested the use of pavers rather than asphalt in front ofthe building. Chuck Crist asked about the aluminum siding that was originally proposed and Ned explained that the siding had been changed to wood. The Rrblic Hearlng was called to order at 3:10 p.n. by Dlana Donovan, Chairperson. Connie Knight was abEent. In the lnterestof tlne, the board sklpped to Iten No. 4. The applicante for ftems No. 2 & 3 were not present. Item No. 4: A reouest for a condLtional use rennit for a Shelly llello explained that Vail Associates was reguesting a conditlonal use pernit for a sunner seasonal staging area at the Golden Peak base area for the construction of the Far EastRestaurant. llhe area was located ln the Skl Base Recreation zonedistrict. fn this zone district, rrsunmer outdoor Storage for l{ountain Eguipnentrr is an allowed conditional use. The propoeed use would be for an office trailer, 12 enployee parking apaceEfor the summer of 1990 and 25 parking spaces for x991. A llnlted auount of constrrrction rnaterLals would also be located at the stagl-ng area. The construction tral-ler and the building rnateriale would be removed by Novenber 15th of each year. Shelly e4)lalned that staff wae concerned about parklng belng located onthe Elte and suggested the poasiblllty of located the parklng uphlll on eounty land or an alternate area euch as the West DayI€t. The staff recornnendation ras for approval wLth sondltlons aE found within the neno. Joe l,lacy explained that the reguest was nade Ln order toconstruct a 5oo aeat restaurant at the Far East. He stated thatVail Associates had received at leagt 2 other condLtl,onal ueepernlts and had no complainte. They did not want to take parklng away from the pr:bllc by parking thelr employeee ln public parkLngareas. The new Vlllage Parklng Stnrcture had created a parklnE shortage. Jack Hunn explained that part of the goal was to have vtelbllltyfor dellvery trucks. The other reason sas to have a collectingplace for enployees Ln order to linlt the nunber of vetricles onthe nountain. The applicant had orlglnally looked at ueing the l{est Day Lot. However, when the Town of Vail decided to go forthwlth the parking structure expansion, it was felt that thie lot would be needed for public parking. Joe Macy clarLfled that the staging area was actually downhill ofthe punphouse. Kristan Prltz noted that the proposal had statedspecifically that the staglng would be uphill. Ludwig Kurz aaked lf any of the area uould be fenced or screened and Jack Hunn explained that the storage area would not be screened. Ludwig saw no problems with having both the storage area andparking on the slte. He understood the hardshlp of staging fron two areas. Diana Donovan asked why VaiI AEsociateE did not slsh to use the Eag1e county area uphill since it was already graveled and graded. Da1ton l{illians had no problen with delivery and staging but wanted the parking hidden. He alEo wanted to know why the staff conditions of approval lncluded revegetating after the firEtyear. He felt it would be a waste of time and noney, for the area would be used for skiing in the winter and reused for staging the next year. He felt lt would be suff,Lcl.ent to revegetate in the fall of 1991. ilin Shearer asked why the reguest sas for 12 cara Ln 1990 and 25ln 1991 and Joe l.tacy explained that the flnlsh construction whlch would be done in the second year reguired more enployees. Jin conmented that the biggest problern would be how the eite vould look fron T-7o. Diana Donovan fel.t that lf the area was screened Ehe could eupport ttre parkLng of 1.2 vehlcles. she was still unsure about 25 vehicleE. DLana also felt that the [dust preventionn statenent ehould state fron the iVista-Bahntr. She comented that she would rather see approval for the staglng site cone throughthe Val.l board than to deny the reguest and be propoeed to Eagle County and have no control. seconded bv Chuck CriEt. ConditLons: 1. Itrat the etaqinq elte be used for construction fron June 1. 1990-Noverober 15. 1990 and the end of the skl seaaon to Noveriber 15. 1991; and 2. All areas l-mpacted bv the construction staqinq have etraw laid at the bv Novenber 30, 1990 and be conpletely reveqetated bv Novenber 30. 1991t and 3. No more than 12 vehicles at anv one tine, screened In road. VOTE: 6-0 IN FAVOR ften No. 5:A recruest for a sl.de and front setback variance in order to construct a oaraoe on Lot 7. Block 3, Shelly litello orplained that the request was for a garage andentry addltion to the north and west sides of the existingresidence. The proposed garage had a total area of 526 sg. ft. and would encroach a maxirnurn of 3 ft. into the 15 foot 81de setback reguirement and 2 ft. into the 20 foot front setback regulrement. ltith the exceptlon of the reguested variance, all other development standards would be net. The staff reconnendation was for approval of the request wlttr the conditl-onthat the easternmost 1or of the existing paved parking area be renoved and landscaped. The variance would not be a grant of epeclal privilege and dld not lnpact adJacent properties in a nanner approved bv staff Ln 1990 and no rnore than 5 vehicles at anv 1 tLme be parked on site in 1991; and A 30r setback be naintained from MiII Creek; and4. 5. negatlve Danner. The etaff felt that the addition of enclosedparklng would improve the general appearance of the neighborhood. Galen stated that he had elgnlficantly reduced the garage per theboardts request at the last ueeting. They were sinply askl.ng to keep the asphalt. The propoaal dld add a signlficant anount oflandscaplng. llhey wlshed to leave the asphalt as a place for the kl.ds to play. Galen aleo asked to have a llttle leeway wlth thesetback (inches) ln order to avold havlng extensive suwey uork. Kathy llarren asked why the additional 1Or of asphalt ras needed and Mrs. Iestwuide explalned that without the additional asphalt they would have no guest parklng. Guests would not rrant to parkin front of the garagte, therefore blocking the garage. Jin Shearer questloned the landecaplng as it was portrayed on theplan. He felt if the 10r area was left, lt would look strange.llrs. Testwuide e:<plained the exLsting rock sall which franed theportion being spoken of and how the landscape features were planned around the asphalt. Kathy warren stated that ehe understood the staffrs concerns. However, she could also slmpathlze with Mrs. Testwuiders concerns. Chuck Crist, Dalton Willlarns, and Ludwig Kurz had no concerns. Diana Donovan suggested the appllcant reduce the asphalt on the west side of the driveway. A motion to approve the requested 3r slde setback and 2r front setback variances with conditlon as follows was nade 1--topoqraphy, C-2 and C-3. Conditions: VOTES 6-0 IN FAVOR Item No. 6: A recruest for a front setback variance and a creek setback variance for Iot 6, Vail Villaqe Ytest, Fitl-ns No. 2, 1755 West Gore Creek Drive.Anplicant: Dan and Karen Forey l{ike uotlica explained that the applicants were requestl.ng variances fron the front setback and the stream setback. They were proposing a maJor renodel of the existing two-famlly hone llhe Desiqn Revlew Board be asked to look at elinLnating asphalt on the West side of the drivewav and landscapLng. 1. 10 0 which included an attached tro-car garage yith a secondary,rental unit located above the garage whlch ls required to bereetricted per the Tosn's zoning code. ltike also explained thatthe lot ras Beverely constralned by the linltations of the setbac*E and the renaining bulldable area waa llnited. The lotvas also conetrained by the exletlng topography; the averageslope beneath the parklng area and the proposed garage sLte was approxirnatety 31t. The slope dld atloy the owners to construct agarage ln the front.eetback wlthout a variance. The varl.anse was reguired due to the-proposed secondary unit located above thegarage. Tbe Etaff iecontrlendation was for approval . Staff bell,eved the lot to be encunbered with a physlcal hardshlp andbelleved the sitlng of the garage had been deeigned in the mostsensl.tive nanner possible. John Perkins, representing the appl.lcant, explalned that the hone was purchased with the lntent of remodellng. The plan uas toconvert the duplex Lnto one unit and add the garage and caretakerunit. He felt the key points were that the applicant sas proposing to upgrade a property and add a rnuch needed enployeeunit. Kathy Warren felt that the parking asphalt should be decreased to 4Or coupared to the proposed sOt width. Chuck Crist cornmented that he liked tbe plan as presented. Ludwig Kurz aleo llked the proposal . Jl"u Shearer agreed wlth Kathy that the driveway could be decreased in width and John Perkins felt he could adJust the width but felt 4Or may be too srna}l. Jin connented that it was part of the job as a Planning Conmissioner to encourage upgradlng, enployee housing and coveredparking. He could not see any negative irnpacts and therefore could support the proposal.. Diana Donovan concurred wlth the board. In general , she feltthat the PEc was beglnning to be too easy with lotE that tradphysical constralnts. The zonlng regulations were wrltten to address the matters and should be adhered to. A motion to approve the recnrests per the staff nemo, with the conditlon that the DRB review the width of the drivewayto maintaln as close to a 40r as possible. was nade bv Jin Shearer and seconded bv Kathv Warren. W 11 Iten No. 7: Road.Anpllcant: Town of Vail Police Departrnent Andy Knudtsen explained that the Pollce Departnent proposed tobuild a tower for a new antenna and Dicrouav€ dieh ae part of an Lmprovenent to the Energency Serrtices Conlnunication Systen. The tower would be 40 feet tall wlth a 10 foot antenna on top for atotal of 50 feet in height. The staff felt that the propoaal would have mininal negative lnpactE and that the overall proJect would improve the character of the area. The staff reconmendatl.on was for approval vith condltlons as etated ln the meno. Kathy glarren felt that the nechanical equiprnent referred to lntbe reconmended conditions of approval was already supposed to have been renoved. Ken Hughy agreed and apologlzed that Lt had not already been done. He assured Xathy that it would be done. Dalton Willians was concerned about the proposed height of the tower and Ken e:<plained that he had looked lnto alternativesi however, cost and the lack of cooperation fron the U.S. lfest building attributed to the proposed location. Ken coDnented that the long range plans were to relocate thepolice station and hopefully the move would include novlng all the equipnent. Kristan wanted the board to understand that the reagon staff vas reconmending approval of the reguest was because the bullding was Iocated in the Public Use district, not because the applicant sas the Town of Vail. Ludsig stated that he had concerns, however, in flght of the safety issues he felt he could support the proJect. Jim Shearer asked if there would be any guide wires and Ken responded rrns.rr Jin then asked what the chances were of the Police Departnent adding other dishes in the future and Ken explained that there itere no plans for additions l-n the nearfuture. Jin pointed out that the paint color was an inportant issue for the Design Revlew Board to consider. Kathy Warren had no conments. Diana felt that the big trees salvaged fron the parklng structure renovation would be too big and would attract attention rather than dlvert attention to the tower. She would prefer to see aspens but fett it was a rnatter better left for the Design Review Board to review. L2 o A notlon to aplrrove the condLtional use oerml-t per the etaff neno and staff conditLohs as follows was made by Ludwicr Kurz and eeconded by JLn Shearer. CondLtlons: 1. Renove unnecessar? nechanical eguinment on the roof; lnc 2. 3. 4. Reoalr the danaoed fence on the northern nroperty line; and Buffer the tower bv plantinq 3-5 trees; and VOTE: 5-O IN FAVOR ften No. 8: A recruest for a slde vard setback variance at 4247 colunbine Drlve. Unit #20, Biqhorn Terrace.Anplicant: John Nllsson Shelly t{ello explained that the applicant was requesting a'variance from the 20 ft. sl.de and rear setback requLrenent to allow for the construction of a 101.25 sq. ft. addltlon on the north side of the building. The variance regueEt nas for an 11ft. encroachment into the 20 ft. rear setback and a 15 ft. encroachnent into the 20 ft. side yard setback. Bighorn Terraceis a nonconforming subdivision becauEe it was annexed into the Toun and zoned MDMF after lt was established. The inposed setbacks greatly linit the locations of possible additions which would not requlre setback variances. The staff recournendation was for denl-al of the request. Staff acknowledged that otherproperties in the Bigtrorn Terrace subdivision had received setback variances and therefore the variance reguest was not agrant of specl-al privilege and that although there ltere exceptions or extraordinary conditions applicable to the lot which did not generally apply to their properties in the same zone diEtrlct, a minLmum setback should be naintained in orderto guarantee a nLnimum dietance between buildings to Lnsurepubllc treatth , safety, and welfare as well as the fair treatmentof all property owners wlthin Blghorn Terrace. If the PEc were to approve the variance requ€st, staff 3gs6nnended the applicant be required to underground the electrical setrrice from the senrrice po1e. the Design Review Board approval . 13 John Nileson explaLned that he needed the space to nake tlre home nore habltable. He felt the odlstance between buildl.ngsi rule was unfair 6lnce there were nany homes much closer together. Hefelt the additlon would improve the area by riddlng the Junk onhis porch. Ludwig Kurz didnrt feel the addltlon Lupacted neighboringpropertles ln a negative way. He could not see denylng the requeet wlth the anendment of the code still outstandlng. Dalton Wllllarns was also concerned about denylnE the reguestvithout fomal pollcies being Ln force. He asked where the pole and lines were. lle felt it was unreasonable to ask the applicantto underground the slres when lt had not been asked Ln the past. Kristan and Shelly enphaslzed that when a variance Ls Eranted,nany tfunes there is a trade-off. In thiE case, the undergroundlng of vires rnust begin sonewhere. Dalton waE not in favor of requiring the applicant to underground the wlres. He felt he could support a conditl-on that required the appllcant to underground the wires at the tlme that 50t ofthe residents whose lines were located on the sane Pole undergrounded their wires. Chuck crist had no problen supporting the variance requests. He was not in favor of requiring the applicant to underground thewires. He would rather see increased landscaping. Kathy lfarren clarified that the addltlon would be where theexisting deck was located. Because the deck was already there, she would be comfortable with the additlon. She would also ll-keto see the undergrounding of utilities. Jln Shearer asked how close the house was to the west and Shel1y explained that the distance traE 17 I staggered but the deck enclosure would not increase the dlEtance. Jim shared Daltonrs feeling regarding tlre undergrounding of utilities though he did agree that the Town should get sone tlpe of trade-off ln returnfor a variance. Diana agreed wlth Kathy lfarren in that the utilitles needed to be undergrounded. John Nilsson felt Lt was unfair to require hin to underground theutilities until done by all. He explained that, within the last 6 rnonthE, there was a conrrlttee fotmed to try and have the llnes undergrounded. The connittee was unsuccessful . Durl.ng hlsactivity on the coromLttee, the lnfotmation he received waecontrary. He understood one line at a time could not be L4 ao undergrounded. It would have to be a nass proJect. He stated he would be happy to get blds on the cost, reopen conversatlon wlththe association regardlng the undergrounding of the utilLties, and be willlng to spend up to $COO.OO to underground theindivldual utility llnes to hie unlt. A notLon to approve the requeEted setback varl.ancee wlth conditLons aE follows per fl-ndl-nqs A. B, C-l . and C-3 was. nade bv Chuck Crist and eeconded bv Jim Shearer. ConditLons: VOTE: 6-0 IN FAVOR Item No. 9: A request for an amendroent to SDD No. 23. Vlal !.tike uollica ocplalned that the application involved two elements, an amendnent to the approved developrnent plan to allowfor the enclosure of two decks on the third floor of the structure and an Fnendment to the parking standards of SDD No. 23in order to provLde parking for this proposed addltion within the parking structure at the Vail Valley Medical Center. The proposal constitutes a uaJor anendment to an existing sDD. The Planning Connissions actlon is advlsory, and final decieions are nade by the Town Councll. The staff was supportive of the Vail NatLonal Bankrs request. Staff was corufortable wlth the tlningof the request and the Modlflcation Agreenent and Irrevocable r,etter of credit. staff felt that the Joint-use parking arrangement was very reasonable. The staff recommendation carried conditions as found withln the memo. Jay Peteraon, representing the applicant, explained that the applicant had waited for the Medlcal Center to get approval for the addltionat Bpaces and begln constructlon before they returnedto the PEC. He felt the tining was now right. o The anolLcant obtaLn 3 bl-ds and aqrees to undergroundutilitieE Lf the cost of undergrounding sas S4oo.oo or less. If the cost is over S4OO.OO, the applicant agrees to underqround the utilities when the rest of the association does. The applicant aqrees to head a cornmittee for BuildingsA. B. and C Ln order to aporoach Holv CroEs Electric and the Town to address the undercrroundinq of theutilities for the prolect as a whole. 1. 2. 3. 15 oo oo Kathy lfarren agreed the tlning was rlght and illn Shearer agreed. Dalton Wlllians questloned, slnce the applicant waE purchasl.ng extra apacea, lf the board could require then to delete a apacethat he felt tras unsafe located on the front lot. DLscusslon centered around the issue and lt was decided that the board dld not have the authority to reguire the renoval of the space. A motion to aonrove the recnrests per staff neno and Conditions: If for some unforeseen reaEon the lledical Centerrsparkincr structure is not conPleted, the nevlv constructed deck enclosure shall only be allowed to be used for comnon storage. The owner sha1l be recruiredto subnit a written agreenent addressincr thls condl-tion Ea<rle Countv Clerk and Recorderrs office. VOTE: 6-0 IN FAVOR Iten No. 10: 1. 2. Mike Dtollica explained that the applicant waE requesting to amend Section L8.26.040 of the Sown of Vail Zoning Code ln order to addtrTelevision StatLons'r as a first floor level , conditional use in the Comrnercial core II zone district. The current zoning code did not speciflcally address television stations, honever the position ot tne plannlng staff had been that televlElon etations fall under the category of professional offlceE. Profeseional officeE are currently not allowed as petnitted or conditional uses on flrst floor or Etreet level . The Etaff reconmended denl-al of the applicantrs request to nodify the Tosnrs Zonlng Code. staff did not support the proposed change in the zoning the MedLcal Center receives a Tenporarv Certifl.cate of 16 i: ..lo code aE they felt that the appllcantrs request nas not consl.stentwlth the purpose sectl.on of the Cornnerclal Core II zone dlstrlct. Although gtaff belLeved that televislon etatLons should beallowable usee Ln Connerclal Core II at basenent or second floorlevels, staff strongly felt that the proposed use on the flrstfloor was inapproprlate. Blll Perklns, Presldant of Vail,/Beaver Creek T.V., disagreed siththe staffre aasumptlon that a Televislon Station ehould fall intothe sane category ae a profesel.onal offlce. Firet, a televieionstatlon needed hlgh celllngs. The nature of the buelnese sas tocater to and attract the gruests of the valley. An open frontagels also very Lrnportant. He etated that the Derchanta Ln the area were very eupportive. Bill elaborated that the area they were consldering was an area that had been unsuccessful for retail usein the past. Chuck stated that due to the nature of Vail and this proposed T.V. station, he would tend to eupport the proposal . However, he sas afraid oi creatlng a precedenl- for othel pioresslonaloffices. Kathy Warren aeked staff how the proposal would be handled slnceT.V. stations were not directly dealt with in the code and I(rl.stan explalned that the staff nade the assumption T.v. Statl.ons would fall lnto the same category as professional offices due to Einilar uses and lnpacts. Kathy felt she could not support the proposal . illn Shearer felt he could be supportlve of anything that wouldbuild clientele ln the ar€a but dldn't feel a T.V. Statlon wouldbring sales tax revenue to the Town. Bill Perkins stated that he understood the boardrB concerns. However, he needed a tenporary solutlon until the sunblrd wasrebullt. He asked if the board sould be supportive if he could nake the station first floor without frontage on the naII. It would be difficult for hin to operate but felt it could be nanaged. Kristan felt that it would still be considered first floor level even without the frontage on the nall. Diana cornnented that lt waE not approprlate to change zonlng for a sl.ngle appllcant. Ludwig Kurz felt that the board was hung up on the definltion ofstreet level and stated that the proposed site was, without a doubt, firet floor and a T.V. Statlon should be considered a professional offlce. He felt the board could not afford to set a precedent. Oo t7 oo oo Da1ton tfillians comented that he had the chance ln the past to operate a T.V. Statlon. He felt ttre board wae uLssLng the poLnt of trafflc. If done correctly, a T.V. Station could LncreaEe sales tax ln exceas of what could be generated by a retall atore located ln the aane space. He felt thLs sae the exact klnd ofconditional use that should be pernltted Chuck Crlst asked etaff lf a petnanent condltion could be put on a condltional uge and Dlana stated an example fron pg 346 of the code, Barber and Beauty Shops, whLch stated the use vould be allosed as long ae there was no exterlor frontage. Dl.scussion tlren centered around the posslbtfity of addl.ng T.v. Statlons under the eaue conditLons as the Beauty ShopE and shether it would be feasible for the applicant. Krlstan ccinnented that lf the use was allowed under the Beauty shop conditLons, the space would be taken away frorn other vl.ableretall shops. A motion to denv the recruest to amend the zoning code per the staff neno was nade bv Kathy Warren and Eeconded by Ludwiq Kurz. It was requested by the board that the vote be passed on to the Town council wlth coroments fron the board as follows: Chuck Crist - questions wlrether the proposed uee wlll really draw pedestrians to the area. However, he feelsthat due to the general resort nature of the Townof Vail and the proposed T.V. station he tends to support the request. - questions whether a conditional use pemit process would be nore appropriate lf the proposal had absolutely no frontage on a pedestrian nall orstreet. -.generally fett tha!_the proposed use uas a viabte use on first floor in CCII. Kattry warren - generally not confortable with the reguest. - ehe believes that the requested use would bebetter suited to a basenent or Eecond floor level and suggested that the appllcant pursue an anendment to the zoning code regardlng Section L8.24.030(c-6) regarding petmltted usea on firstfloor or street tevel within a structure, subJectto the Lesuance of a conditl-onal use pemLt, ghele 18 lo oo Jin Shearer - IE In favor of building up the connerclal areasin LLonshead, but belleves that linited sales tax would be generated by this proposal . - believes that an upper floor location would be more appropriate and feelE that an upper floor would provide a better backdrop of the Ekl. areafor the T.V. Btudio. - believes that the proposed use does have uarketable value for the Town of Vail but feelsthat we must guard against setting a precedentwlth this proposed use. - altrees with Kathy Warren regarding Sectlon L8.24.030(C-6) and stressed the need to protect against setting a precedent and feels that he wasvoting strictly as a Planning ConmLsslon nenber and not with his emotions. Diana Donovan -believes that once this use is listed as aconditional use it would be very difficult to denya reguest for such a conditional use. - agrees with Kathy warren and Chuck Crist regarding Section L8.24.030 (C-6) . Ludwig Kurz - agrees with the staff that we cannot afford toset a precedent with the proposed change and lsnot in favor of the request. Dalton Willlans- believes that thls proposed use would produce very heavy pedestrlan traffic in Llonshead, whictr sould generate sales and sales tax. - beLieves that this is exactly what the Town ofVaiI wants. -believes that people will show up for this proposed use. Feels that this is a lrdynanitetr idea. -believes that this is a proper conditional use. VOTE: 4-2 WTTA DALTON WILLUIMS AND CHUCK CRIST OPPOSED TO THE DENIAL 19 Iten No. 11: This iten was ftem No. 12: oo oa East Gore Creek DrLve.Appllcant: Kevln Clair/Chuck Rosencrul-st wl-thdrawn, no actl.on vas taken. SchedulLnq for exterlor alterations ln ComrercLal A. Bridqe Street.Applicant: Hillis of Snowrnass. fnc. and Bruce Ann & Associates. Mike t{ollica explained that the request was to schedule a reviewperiod. Staff recornnended a 9O day review period for the Covered Bridge Building and a 60 day review period for the llontaneros. A.notion to Eet the review periods as reconnended by staff was made bv Kathv warreil and seconded bv,fin Shearer. VOTE: 6-0 IN FAVOR Iten No. 13: Item No. 14: 805 Potato Patch Drive.Applicant: Patsv and Pedro Cerisola A resuest for an exterior alteration and a landscape variance in order to constnrct an Applicant: Hermann Staufer - Iancelot Reetaurant A notlon to table ften No.s 13 and 14 to July 9. 1990 ras nade bv Kathv Warren and seconded bv Dalton Willlans. vofE: 6-0 fN FAVOR B. Applicant: Montaneros Condo. Assoc. 20 lo oo Item No. 1: Aoproval of ninutes fron June 4. 1990 and June 11. 1990 ne€tinoe. A notion to arorove the ninutes from the June 4. 199o ninutes as written was nade by Jim Shearer and seconded by Ludwiq Kurz. VOTE: 6-0 rN FAVoR Chuck Crist stated that on page 13 of the 6/LL/9o ninutee thevote should be adJusted to ehow that he had abstained. Kathy warren also had changes to be nade on th,e 6/lL/90 ninutes and asked lf she could make then later and have the minutes resubroitted for approval at the next neeting. Item No. 2:A recruest for a conditional use pernit to allowfor a Bed and Breakfast at Lots 6 and 1^/2 of 5, Btock 5. vail Villaqe seventh Filino. 1119 E. Ptarniqan Road.Aoolicant: Itlonie S. Beal. There were no public conments and the applicant was not present A motion to approve the recruest ner the staff rnerno was made bv Dalton Williarns and seconded by Chuck Crist. VOTE: 6-0 IN FAVOR Item No. 3: Applicant: John and Paula Canning There rf,ere no public cornments and the applicant was not present A notion to anprove the request ner the staff rnemo was made by Chuck Crist and seconded bv Ludwig Kurz. VOTE: 5-O IN FAVOR llhe neeting rfas adJourned at approxinately 7:OO p.n. A recruest for a conditionaL use pennit to al.lowfor a Bed and Breakfast at Lot 8, Block 3, Bidhorn Subdivision, 5th Addition, 5198 Gore Circle. 2L 1,".s3/s7/es s7a 2C Js; J:? 3S72 OtsHPc TJ(HIBIT B (Dlagram of Shor'lng System) 'l tl ,jr'i1fis1: I e xr:-Tf{. tlAf.C' r 1ffir..+-rlitl tt / Ulv{ ff fwrnro kttffitna- uffi. VrB Wrg, zt(&X6, l:t:=*_ L,Sf I I I I o& ?e afturwr7l 2a FeT Krco EatsnrV OWr frwxE: mfl t--- I I L - -- l rlrril LJ -t! / I I l/ I lltY.,,L , . _/__- --rra--r--i 4*i I i']]iI lt tl;t tIi'rrqa...*] I F^,e -rE_-.!l''l LOltEli.0vr. EEeEL,nCL JI F :TO: FROM: DATE: RE: Planning and Environmental Comrnission Conmunity Developnent Department June 25, 1990 A request for an anendnent Bank, Part of Lot D, Block lOB S. Frontage Road WeEt.Applicant: Vail National to sDD No. 23, Vail National2, Vail Vlllage 2nd Filinq, Bank Building Corp. r. DESCRTPTTON OF PROPOSED REOUEST The current application before the Planning Commission involves two elenents: 1. An amendnent to the approved developnent plan to allowfor the enclosure of two decks on the third floor ofthe structure. This will add 11276 square feet ofoffice space to the building, resulting in a total amount ot 23,205 square feet. This request ls similarto the plan reviewed by the Planning and Environmental Conmission in February of 1990. 2. An amendnent to the parking standards of sDD No. 23 in order to provide parking for this proposed additionwithin the parking structure at the vail Valley MedicalCenter. If approved, this office expansion would be conpleted at approxiurately the same tine as the hospitalrs parking structure. The applicants have agreed that no occupancy of the new office apace would occur prior to Vail National Bankrs use of its parking spaces Located in the Medical Centerrs parkingstructure. The anticipated completion date of the Medical center's parking structure is Decenbet 20, 1990. The arnount of required parking for the proposed addition is six spaces. The VaiI National Bank is purchasing 8 spaces, and has optioned 4 additional spaces, in the Medical Centerrs parking structure. The Medical Center has a surplus of L2 parking spaces. II. BACKGROUND AND HTSTORY 1. This property was rezoned to a special DevelopmentDistrict in May of 1989. This rezoning pernitted an addition to the existing building of approxinately 1,800 square feet, which has been completed. AtI parking was provided on-site. a I -i' : 2. In Septenber of 1989, a ninor amendment to the SDD was approved to allow for an addition of 218 sguare feet to the third floor. This space is to be created by converting an existing connon corridor into officespace. This new office space will generate the need,for one additional parking Epace and the vail National Bank proposes to relocate an existing condensing unit, on the southeast corner of the site, and convert the space into a parking stall. To date, this construction has not been done. 3. February 26, L99O--A request was presented to the PECto expand office space by enclosing two third floor decks, as with the current proposal . However, the applicant wlshed to utilize the office 6pace before the parking was available ln the Medical Centerrs parking structure. An option to lease parking spaces fron the Hotiday rnn was proposed as an interin parking solution. By a vote of 4-2-L the PEC recommended approval of the request with conditions as follows: a. 5 parking spaces be designated, rather than 4. b. The Town Attorney shall review the purchase or lease agreement between the Vail National Bank and the Vail ValleY Dtedical Center. 4. March 20, 1990--The Council voted 5-1 to deny ordinance No. 9, Series of 1990 on first reading. The Councilrs concerns were limited to the tining of the constructionat the bank before the parking spaces would be avai.lable at the Medical Center. 5. April 9, 1990--The PEC' by a unanimous vote of 7-O, approved a Conditional Use Pernit to add two new half Ievels of parking and a Learning Lab to the Vail valley Medical centerrs parking structure. This approval provided a surplus of L2 parking spaces at the Medical Center. III. REVIEW CRITERIA FOR THIS PROPOSAL This proposal constitutes a major anendnent to the existing sDD. In this case, the Planning Connissionrs action is advisory, and final decisions are made by the Town Council. The criteria to be used in evaluating this proposal are the nine design crJ.teria of the SDD section of the zoning code. These design criterla address a variety of lssues, including design cornpatibitity, uses, parking, compliance with the Vail Cornprehensive Plan' site planning, etc. As with all sDDrs, the specific developnent standards on this property are establiebed by the approved development plan and the ordinance approved by the Council. It is the burden of theapplicant to demonstrate that their proposed developmentplan conplles with each of the nine design criteria, or denonstrate that they are not applicable, or that apractical solution consistent with the public interest has been achieved. IV. SPECIAL DEVEIOPUENI DISITRIC! CRITERTA A. Desiqn conoatibility and sensltivitv to the innediate heiqht. buffer zones. identitv. character. visual Lntecrrity and orientatLon. The staff believes this proposed addition of Lt276 sq.ft. of office space to be consistent with all of the above narned criteria. The design is cornpatible nlththe existing structure, the scale and bulk of thebuilding is not appreciably lncreased, and the visualintegrity of the existing structure wiII be naintalned. UEes. activity and densitv which provide a compatible,efficient and workable relationship with surrounding uses and activitv. The proposed office use of this new space will be consistent with the existing office uEes in thestructure, and we believe the request to enclose the two decks and convert then to office space will have no irnpact on surrounding uses and activities. fn the event that the parking structure is not conpleted for sone unusual reason, the space could be used for conmon storage instead of a use that has a parking demand. Staff prefere this alternative to requiring a letter of credit to remove the space. Conpliance with parking and loadincr recruirements as outlined in Chaoter 18.52. B. c. This criteria referencea the parking section of the zoning code as a basis for evaluatinq developnentproposals. The parking section of the code states that aII required parking should be located on-site. The Town Council can grant exceptlons and all.ow off site parking if certain criteria are met. In addition, it should be understood that the design criteria can be waived if rra practical solution consistent wlth thepublic interest has been achieved.n l D. There is a specific process outlined in the code for leasing parking spaces. This proposal ls consistentwith this process, and because this property is an sDD,the proponent can establish its own standards forparking. This means that the appllcants are withintheir rights to reguest approval of the parking solution as proposed. The staff is supportive of the request to locate sl.x spaces within the litedical Centerrs parking structure. This appears to be a workable situation considering the close proxfunity of these two sites and the relatively snall nunber of parking spaces involved. The Medical Centerts parking structure is currently under constructLon and according to Dan Feeney, project nanager for the parking structure, the construction is currently on schedule for a Decenber 20, L99O cornpletion. According to Mr. Feeney, this date could move up to the end of November if the weather cooperates. Attached is a Modification Agreeraent, as well as an Irrevocable L,etter of Credit fron Vail National Bank, which indicates the exercise of the Bankrs option to purchase parking spaces in the Medical Centerrs parking structure. Although the Bank's additional parking reguirement is 6 parking spaces, the Bank j.s purchasing 8 spaces and has optioned 4 additional spaces in the Medical. Centerrs parking structure. In addition, ne believe it is positive that the bank purchases two additional spaces beyond what is reguLred by the Town of Vail parking code. The proJect seems to generate an usually high parking demand even though technicatly the project neets the code. conforrnity with applicable eleurents of the Vail Comprehensive Plan. Town policies and Urban Desiqn Plans. The staff believes that the proposal is in confortnance with the existing Town of Vail Iand Use Plan and we believe the following sections of the Land Use Plan to be applicabl.e to this ProPosal: 1. 1:Vail should continue to grow Ln a controlled environment, naintaining a balance between residential , conmercial and recreational usesto Eerve both the visitor and the permanent resident. ( Site plan, buildinq desLqn and locatl.on and open space provl-sl-ons designed to produce a functional developnent responsive and sensitive to natural features, F. 1.3: The quality of developrnent should rnaintained and upgraded whenever possible. 1.12: Vail should accommodate noEt of theadditional growth in exlstLng developed areas(inflll areas). E. Identification and nitiqation of natural and/or creoloqic hazards that affect the propertv on which thespecial development district is proposed. There are no natural and,/or geologic hazards thataffect the Vail National Bank property. vecretation and overall aesthetic crualitv of the communitv. This proposal constitutes no change to the existingbuilding design, site plan, and open space provisions. c. A circulation svstem desiqned for both vehicles andpedetrians addressing on and off-site trafficcirculation. Not applicable. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features.recreation, views and functions. Not appticable. f. Phasinq plan or subdivision plan that will maintain a workable, functional and efficient relationship throuqhout the development of the special. developmentdistrict. Not applicable. v.STAFF RECOMMENDATION The staff is supportive of the Vail National Bank's requestfor an anendnent to sDD No. 23. we are now comfortable with the tining of the request and the l{odl-flcatLon Agreenent and Irrevocable Letter of Credit. we feel that the Joint-useparking arrangement is very reasonable, given the closeproxinity of the neighboring parking structure and the factthat thls area has been planned in a manner that integrates the Doubletree, Hospital and Eank sites. The Doubletree has also received approval to locate parking in the hospital structure. The staff reconmendation for approval carries the following conditions: - The Town of vail uill not issue a Tenporary Certificateof Occupancy to the VaiI NatLonal Bank (for the enclosure of the two balconies), until such tine as the Medical Center receives a Tenporary Certlficate of occupancy for the parking structure. - If for some unforeseen reason the Medical Centerrs parking structure is not conpleted, the newly constructed deck enclosure shall only be allowed to be used for comnon storage. The owner shall be reguiredto subrnl.t a written agreement addressing this condition on the use of the space for the Town AttorneyrE review and this Ehall be recorded, on the land records, at the Eagle County Clerk and Recorderrs Office. 5 ll. VAIL NATIONAL BANK IRREVOCABLE LETTER OT of Credit CREDIT May 9, 1990Irrevocable Letter Nurnber : L04 Vail CIinic, fnc. 181 West Meadohr DriveVail, Colorado 8L657 Gentlemen: We hereby open our Irrevocable Letter of Credit in your favoravailable by draft or drafts at sight drawn on VaiI National Bank and any sum or surns not exceeding in total the sum of Ninety Three Thousand Seven Hundred Forty Four and noll-O0. This Letter of Credit is for the account of VNB Building Corporation. This Letter of Credit may be drawn upon by VaiI Clinie, Inc. ifVaiI Clinic, Inc. has provided VNB Building Corporation with thefollowing: A. Evidence that its parking structure is conpleted. B. Delivery of a valid certifj-cate of insurance covering suchparking structure C. A final Certificate of Occupancy for the parking structure. Upon receipt of the a !s, VNB euilding Corporationrnc. withinfail,ed to pay the sum of o the vail clinic,three ( 3 ) business days of -fece:ip of the documents. The draft drawn on VaiI National Bank sight shall be endorsed onthe reverse side of this Letter of Credit and bear upon its faceilDrawrr under Letter of Credit Number 1O4, dated l,tay 9, 1990, ofvail National Bank-!r Partial drawings are not perrnitted. This Letter of Credit shall expire on May 9, L99i-. \/.li|N.rtilrrra||}.rrrL|}ui|.|irrgl0ttSr,lrt|l|:rrrrrt.r6c|lrlttlW.|1L).Ullx2o3t]V.ri|,Ctt o Irrevocable Letter of Credit #L04Vail clinic, Inc. May 9, I99O Page 2 Vail Nationar Bank agrees with the drawers, endorsers and bonafideholders of draft drawn and negotiated in compriance with the ternsof this Letter of credit that such draft wirr be duly honored upondue presentation at the counter of this Bank. Vair National Bank represents and warrants to Vait crinic, rnc.that it has the fulr authority and power to issue this Letter ofcredit to Vail clinic, rnc., in the total anount and for the periodof tirne stated herein; said authority being pursuant to the lawsof the United States, or the state or territory which governs theestablishment and regulation of Vail National Bank, and VaitNational Bank's charter, by-Iaws, and other applicable rules andregulations adopted pursuant thereto. Should it be necessary forVail CIinic, Inc. to file suit in an effort to enforce thisIrrevocable Letter of Credit, Vail National Bank hereby waives aII venue rights and submits to the jurisdiction of the District Courtin and for the County of Eagle, State of Colorado. AII drafts hereunder shalI above. Sincerely, VAIL NATIONAL BANK be honored during the tern as set forth i,!- ].- g _ :J Lt T.I E I: 05/11ii.9 0 {iZ, I I "= : ti = f:' Fr t-t L F r;' r.t t::- fi' '=;o r:: t..l E g'2 I Stl: 51a ,tta r 5 fl H FC !lI 3H3e rnqB Buj,tding :inc., d/b/a {rtltcepitslr; i{oDrr:celXo:t i"cR5&,:cm !loDf!Iq{T:C$ aG-a..iE€t:T ia enterer corp. r .r ]i*r,r,d,n * i j-ntc by nnd betueel crrporatl.cn (rr';lisil) r anqi vall ctlnJ.c,Va11 Vallay .yEdical centei, a ?elras cort)oratlon FEC??4Sg Hoapital. and vlig ente:eC Jn{:c a co::ttaet Ceted, as ol }tay 22,'gag (the '4o"oenanLni reietl.rg to the !ioep1_._el.rs consl:j'":ctlcn ofa Parkrng g:ructuf. on 1ts prope:.r::, ln vail . c6: .^r-'e^;;;;.""':::;:,ffi(12) narkJt.ft a---, - rslatlng to VSgrs exe:c1se c! the Op.tlon. rn considerat3oD cf the fcregcing anc r-ng nutua! ec?enqntsand pronls*E contalned he=e.n, the psrt'€s 3€iree io the forl'.fr.ngnodLf,lcatjone to sactj.oh 4 of t5d rlEreenent: A, :;,ll3 ,e cpa:.c:l iD pr:rci:estLr.reveeabira.r.j.ca:rqa..-.\ . . '''ti;;'l'as8 an exeluslva,rJlsa tc uEt ,tiv.eLve {!z) parJ.llng cpr:es ie thePerk.i::qi .:':r,:x:::r" (,,:h. i.C.iti_:3111 ?er*in; Speces,,r nay beex.srcl,ged ln tir,o staget: tle f:s3': fcr s:.ghf, (3) sbaces ai:C +_heEecond for fcu: i4) slraces. t.i E :fr i::;1r:r Ff!uL F f--1 lr E F: ::;o t:: i-{ E!s3= @5th?t21 971 17 q. sheli be g1:.,7i.e Spaceg. ;. I 3it; s?: 5l1i3 ,i 5 g H FD The Cogt, of the A<ldl-uLcnal Per Fpacar a total of g:.40,615 parklng gpacos fo: twelve (X2) :C. vNg las no:lfled l{cepi-tat rhae tt lntends to ffi;::"J;t" ctr;a cr :+;a opticn ro p'J:c::ase -uha excl.rar.vs,rana€ eo ':se e:.ght {8} payjrlng apr.cea in ths parklnc"st'ructure. tr*g nay exerclse ihi.e ...-_*= ::""-" ':'n Ens Pail(1t ,thls f:tst eta :: ":J:".=:::::e nat'onal' !*nk' r'n 3e"'c= c: t:-:3 l{oe;:Ltal , i-n an aaornt egual te99?t744 cnd 6::bjaot .,o al.i cio tle ie:-:.s and conij.tlons for thelettar cf c:edit staied in sactlt :n 4 (e) cf the Ag:serlsnt,. XalLureto doll''er tc t5e ilcE-oitar the e:tec,:tad i.ro,tr.flca.tie:.: A€rreanent onor befora:'!ay ?' 1g9c E::d.';;xe &f"rer.ent,.onac:.e:t*3 0f cred.i.t on orbafore iiay g, i890 sl:ail :Eeul_t l_n the.arnLnat:_on cf ll(Bre opt.lonto purc!:ago en exclugr-'rs, lSrevocebrs ilcs::sg to .ny oi ihg trerve(:.2) parl{l.nE spasea. D. riro, arc cn:.y if, _v-NB exgrci.=as L<:s optlon toFUfchasa tliE first sight (s) of 'che Addlti.orei.:rrk,nq spacespursucnt tc Fasegr.'Dh C cf this ;,.:cdi-'Lcat.10n -r-gr:enei:t, -r'1i3 nayexercj.se it.e Cpt.i.cn 1a purc):ese e:: exc.11g1.,..g, 1lrevocal:is f .t censeec ugs the renaln-tng fc,;r ia) ;\i'jlt:crel Fer-:<J.::g s:-receg ai a ccstof $cg '872t by isilve:1ng r-e iiospltei, l-:jtl:lrr ten i:3) buslneesdaya fclioeri::g: t;.\o dnte cn iih:cj: the Laeu.ance c: " -";-^:"]- *',* i:'J3-,'::al gir-ea noiLce to fi{3 o!teti)9le:i, ctr:t-fl:a.;e of f;c3:lhanei, fcr Lha use of -. --_. - :l 1,1 :-4. F l-r t-l L-I-r Lr t.t t:. r:: ::. o tha parl<lng Sbructula,tha fc.t lowing; t. $irltten ].,otic€ cf t::s ezerci.sa of theEecond, et:gs of tjra O;rtJ-cn, end li,. An Lrrsvorabls Letr.sr ot c:edit drawnupon a netlcnal bank' rn f,ar,'or':f tha Hcspltai, 'n an emcunt €quar.to g*c,B?Z and subjsct tc aLi:erxs and ccr,:Ci.ti.one for the ietterof credj"t sE se: jcr|_h j-n Sectlon 4(c) cf th* Agraenent. Fn'll';re tc ..:xerci.se the aeccr:d, stage of tha opt,Lon lnsr-rlo+- acccrdance rj.tb the plcvlcj.*rs ,_:f +*hls iai:egre.ph D ehallrssuit L::'chE expiraf;ro:r c3 y:{:'a opf,i.on to pu:chasa an sxcfusiv€, lr:evocgbLe Llcanee f;c tha ra:nai.nlng fcur (4) p:r.klnq spacos. F the ccs! of additi.r:;:aI llu,:Jri.:g spscos iscgl.cuic,tad bageC L.,pon e ccnstr,:;!j:n Ft+cess fc:,ihs parklng structurs uti11zlng a 'ti'a-bach'f shorh; syste:r 30 retain theexcevatj-on acjacent tc Els?E prcporty (tbE *propsrtyt, aa ls descrlbed, 1n the attac}tsC Exhibr! A). ?he shoring systen ccneletgof eteel plroe d:iven .,'erg1calr-y into the grounc, ic bs r.ocated onthe tiaeprtal'e prci:erf,y, but gr.:ppcr.;ed by a se-rlas of eteei rcds and anchorg le+-erriijr drrrrEc ;n tha earth, ths cr.e-r pcr::cn uhlchw1l'l erctend un{er tha p:cpari?, ?s sho,,rn 1n tle attaci:od Exhlblt B,1"llB he36b.y glves . !g csnse:rt foi- ii:spicel. to ltstej.i the !.i E Ir .i ;:. - ':, tfl l.l E L.+::1L l-:. 1__r t_ I L rr. r.:r l..f ?: f. :.:r:. ':' f-{ -f: syste:i c;: th,c Frcperti, anci to loava the eLael piacs after ths Hcspj.i:*i,s parking gtruct're is ccnpLoted, er:bject t,o the fcllolrlng tetzne underground shcrj::g rsde ahd anchors -ln c,onstructlon project and requlrenentel (.1)If ln *-ha f..::ure i!:e t1+_L.acit aygtsn,cr &ny FEr: og lt, nged.s tc bs ra*c';ei to arr.c..,: f..:I-tler d,:vel.opnent of the Fropert'1r cr !o cs=;r'y w3.th prics ee,5e:n€ntg on t::" Frcp€rty, HospLt&t wlil be reepcrs:bls fcr an]- ccs:c raqr:,Lred, fsr anc sperc'Slcally :eiate{ to lhe goncv*l ci ths tie-bocr,.t'. aoceugs Df thg lnccnrenr'enca to the uee of tbs prcperiy aner, -.-he ccgts rnvolvod ln thc rgaovar c!';5e steer rscs a:id anchose, i!:-s e3re'd:llct the removaL of ani. pe:.,i: *!, th:s tla-ts:cli sizeten wili bo dgne 1n conJtnctl.n 'i;1ib. llturs er:cs..ra..::r.cn i: n-ra 9re?cv?:, either 30r vNSf sfurttrsr davaiep:renf, cf the pt:.;rergy cr f cr rr,ork on other undorgrorrnc f,ecL!.iEles. .vx3 lrlll q:i.,,.e Hcspltal. hsE, Jes,s than thirty (30) dayar written rot j.ca cf ar.llf 3.rlc_rJr:eaant f,or such rsno'ral . (1f) HoepLtal agr€es tc hoLd VNB ha:mtEs6 and !':ldorru:1fy i.t fc" eny den:ge to e:rj-str.ng unierg:o,ind fac{rrtleg on *'!:o FrcpartT, hciuding bu+- not ir-iriltecl to r:ebi-.!-nr end, pLpsa f,or any undorground uti'ri-tics, :aa:itJ.n? frcn lhe :::stelr.atr.cn cf the stee! ;oC.s and anch"rs on !l:s pr:ps33i,. 6 . Fhsr F,-'\rr r ,i_.E, l_.__.-alois oj --.\is l,iu_d1flcullcn Agroanant irl ,frl ii 'r' * :l =--?rJ t..t E rl !-:r : l. = f- fi t_l L l:r r:r:,.t :i Fl:=t::o r: l.l F ehall ba deerned to aaend thsp6cj,frca]11:- or .*^_^:::"' Ens .lgreo::rent onr ef,fociuat" th" : expreosiy etated hgreln and to ths axtsnt ;;eclf,lc tenns of thl. *^:::. """ a's nac.E'ary to o';her terfis end candr.ti.ons of thls ecciilcatlon Agreeil.ht. A1r pro,,rlalons af sec:r""-l--l_- or the agreeilen:, hcludlng those the tanng o, a.r,r"tlea 4' not spaclflcall.y :nod..lt'j and effecr. r xocirlc'rrlcn rigre*nenb shail ";;1; ,::..r:":l $, Hrnrs .rlod { * cat r on agr "Eesr,,"ff la " the .uartlas hr datag 8e.,.. rorrh ;::".:."""**u thla \It{B BUrLDive coRp., A l{evada ccrporatioe AT3EST.. ittf. I -- :J }f l..r E l' '3 rJ l.t rf t{ srATS 03 cotox.\Do "l=FAj_ti_ -: ::-- F' {l 'r.l t:: :. '-. l> r-! ;': a ;'::...- f cr.rr r:: L: l.l E:-.f,-i |qgF.- tt ) aa. COLT:ITY OF Fho loregolng {661:3:0n* o:tbta 6ay of vNB Aulldlng Corp. Hy connlael.cn expl;rs 08-06-90 'lAI3 Cr.I!{IC, ?eilr \TAZaEEE :*as Exbserlbed and s'ws:r to bofa:re --t l99g-, &E l/ice President 7rh arr 1 ' l-! ae by i'la:rold'!{. ;.icanca 6 DENVER :{otary nlc. dr^va 3[BDIfSIJ sel[E]tR, I ta:o 1"+ FFlTJL FT|:}UIEteS t:o/ l li'r'--.:l .-S-f:rg HED STTFE Or COIORADO r'fy cohnlEalon explrea (8EAr.l r= l.J E EA ATTEST: Secretary ) gg. counry ar/<,g/: -l Bhe foraEolng docurnent uae subecrLbed and Eworn to bef,orethte fl* day or trlA* _nh.-- U-Lssga,?.Ko""*, me by . (A;t ,*Z ryt</;".e C<**tr eg ?AXIJ CLrt\IC, vttrJ vllias IXe. d/br/a HSDTCAI.I CBNggR lfotary r -'t. , r_ r_. , r i:o F_. _ r-:r .] ,)5 t O7 t'1t1 st, t t,( H PC t8 (sEAL) r' i ':r - 'fi ,;t !..t E .$:::1.iI \11/q7/ 9C, 0ir ti S -l::: S: i J i-i ?:! & u i.t E;fi{iEIA A LCf 2, A IRESUBS:'/:SISI{ 03 ii)T D, ,,rA.i! irIT,iAcE F:L::ic .1.,\I TF.ACT D, \'AiL / L,'-Cl{sFti.LD, s5ccliD ?O'{li CF '.,rAIlr EAcr.E C'-.,j:i3y, CC:,C:IADO .''1 {, sEc0$D 3'IiiNG ffiffi#bd# t Wsr|.-r-ffiff0MAY29byrl SENT VIA FA:< ro t-eZg-Onff I'Iay 23, l99O Mr. Jay K. petersonOtto, peterson & post _109-s. Frontage Road W.vatJ_, co 81658 Dear Jayi PLease proceed to schedule us wrth. appropriate Town of vailauthorities so that ,"-c*n olt"in-; UurfefnE-pernit by,fu1y 1, l99O/ for the scuthrLst aec* e:rpi;;;;:, Attached is a copy of the i,fcciification Agreenent. pleasecontact Lisa Dillon to obt.ain a -o-p.y of the Letter of creditfron vNB Buildins corp. to vaii ifi.l]ic, -i;:---:- Cal1 rne if you have any questions, ere1y, I O PUBLTc NorrcE NOTICE IS HEREBY GIVEN that the Planning and Environnental Counission of the Town of VaiI will hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on June 25, 1990 at 2:OO p.n. in the Town of VaiI llunicipal Building. Consideration of: 1. A request for an exterior alteration and a landscape variance in order to construct an addition to the BeII Tower Building at 201 Gore Creek Drive, Part of Tract A, Block 58Vail Village lst FiIing.Applicant: Hermann staufer - Lancelot Restaurant 2. A reguest for a conditional use permit toallow for a Bed and Breakfast at Lots 6 and L/2 of 5, Block5, Vail village Seventh Filing, 1119 E. Ptanoigan Road.Applicant: Monie S. Beal 3. A request for a conditional use pennit toallow for a Bed and Breakfast at Lot 8, Block 3, Bighorn Subdivision, 5th Addition, 5198 Gore Circle.Applicant: John and Paula Canning 4. A request for a conditional use perrnit for a constructionstaging area, located just uphill of the Golden Peak snownaking purnphouse, Tract 8, Vail Village 7th Filing.Applicant: Vail Associates, Inc. 5. Prelirninary review for an exterior alteration in Comnercial Core I, for the following property (60 to 90 day studyperiod): Covered Bridge Building - Lot C and Lot D, and the southwesterty 4 feet of Lot B, aII in Block 5-B' VaiIVillage lst Filing, 227 Bridge Street.Applicant: Hillis of Snowuass, Inc. 6. A request for a variance fron the wall height requirenent on Lct- 29, Block 1, VaiI Potato Patcht 805 Potato Patch Drive.Applicant: Patsy and Pedro Cerisola 7. A request for an amendment to the Townrs zoning code to addrrTelevision Stationrr as a conditional use in the Conmercial Core II zone district, Section 18.26.O1OApplicant: Vailr/Beaver Creek Televisj.on Netsork. 8. A reguest for a conditional use perrnit for a deck expansionat the Sweet Basil restaurant, located on Tract A' Block 58'Vail Village 1st Filing, 193 East Gore Creek Drive.Applicant: Kevin claire,/chuclc Rosenqutst /ha.rtaal ctfQal (ri.r.t^r,,) c.t^ %/, X 9. A request for an arnendrnent Bank, Part of Lot D, Block S. Frontage Road West. Appll.cant! vail National Bank Building corp. 10. A request for a side yard setback variance at Drive, Unit #20' Bighorn Terrace. Appticant: John Nilsson 11. A request for a front setback varj-ance and a variance for Lot 6, vail Village l{est, Filing West Gore Creek Drive.Applicant: Dan and Karen Forey oto sDD No. 23,- VaiI National2, Vail Village 2nd Filing, 108 4247 Colunbine creek setback No. 2, L755 L2. A request for a conditional use permit and a height variancein order to construct an antenna at the vail Municipal building, 75 South Frontage Road.Applicant: Town of Vail Police Departnent 13. A request for a major subdivision, a request to approve the preliminary plan, a request for a variance to the maxinum height for retaining walls, and a request for a variance to the naxirnun percent grade for a road, on a parcel cornnonly referred to as Spraddle Creek, an approxinate 40 acre parcel located north and east of ttre Main Vail I-70 interchange and east of the SPraddle Creek liverY.Applicant: George Gillett, Jr. L4. A request for a work session on the Sonnenalp renodel and proposed Special Development District at 20 Vail Road, Partof f,ot L, Block 5-8, Vail Village lst Filing. Applicant: Sonnenalp Properties, Inc. The applications and inforrnation about the proposals are available for public inspection in the Conmunity Developnent Department office. Town of Vail Community Developrnent Department Published in the Vail Trail on June I' L990. s C\ rv scHULrz-ARCH rlkT,,r.: 141 EAST MEADOW DRIVE vArL coLoRAo 81657 303/476-7890 Vail National Bank ADJACENT PROPERTY OWNERS The Alphorn Condoniniun Associatlonc/o |lr. Ben Boutell Post 0ffice Box 3648Vai1, C0 81658 Scorpio Condoniniun Associatlon 4919 Hanpden Lane Bethesda, MD 20814 Skaal Hus Phase 1c/o Mr. Ron Anderson 727 Peansy lvania Ave. IIoLton, KS 66436 Skaal Hus Phase 2 c/o l4r. Ross Davis Post Office Box 190 Vai1, C0 81658 Yail Valley Medical Center 181 Uest Meadow Drive Vail , CO 81.657 (DoubLetree IIotel )Yail Holdings, Inc.c/o J. Michael llolloway Anerican Credit Services, Inc. 201 E. Broad Street Rochester, NY 14604 Doubletree Condoniniun Assoc.c/o Mr. Gene Petracca 602 Park Ave. Manhasset, NY 10030 Town of Vail 75 South Frontage Rd.VaiL, C0 81657 tvfMEER. Il€ AM8?ICAN INSIIIJIE OF Af€HftCTS i, A. c. D. SDMAY2!i'Jir0 APPLICATION FOR A!.TENDMENT TO SPECIAL DEVEIOPMENT DISTRICT DEVEI.,OPMENT PI,AN FOR VATL NATIONAL BANK NA},IE OF APPI.,ICANT: VNB BUILDING CORP. ADDRESS: c/o Hanover Rea1ty 550 S. Cherry Street, Suite 1025 Denver, CO 80222 PHONE: 320-5800 B. NAUE OF APPLICANTTS REPRESENTATIVE: JAY K. PETERSON ADDRESS: Suite 307, Vail National Bank Building 108 S. Frontage Road Wes PHONE: vail, co 81657 476-0092 ADDRESS:Suite 307, vail Nati Log S. Frontage RoadVail , CO 81557 47 6-0092 Iding PHONE: IOCATION OF PROPOSAL: 1.08 South Frontage Road WestVail, Colorado 8L657 Part of Lot D, Block 2, VaiI Village 2nd Filing Speci.al Development District #23 1. A llst of the namea of all the adjacent property owners and theirnailing addresses is attached. The purpose of this application is to enclose the two balconies located on the third story of the vail National Bank Auilding pursuant to plans and epecifications subnitted with the prior application by Sydney Schultz. No changes have been made to those plans. The tining, however, of construction has been nodified to reflectthe anticlpated completion date of the liledicalstructure. lhis proJect would conmence in the Center parkingIater parts ofof November. The 4. July with conpletion anticipated for the niddleanticipated completion date of the Vail Valley Parklng Structure is Novenber 15, 1990. Along with this application, application is also being nade forJoint Use Parking purBuant to Section ta.52.O6o of the Town ofvail zoning Code. The parking arrangement is the same as outllned in the previous appllcation by Sydney Schultz on filenith the Town of Vail. A ilodification Agreement is attached along with with Irrevocable Letter of Credit fron VaLl National Bank showing the exercise of the option to purclrase parking pl-aces in the Vail Valley Medical Center Parking Structure. No tenporary parking variance is reguested nor are any changes belng subrnitted different from the prevLous appllcation by sydney Schultz. 5. sr ilrv scHULz-ARCH rfrT,,. April 30, 1990 Ms. Kristan Pritz 0ffice of Community Town of Vail- 75 S. Frontage Road Vai1, C0 81657 Developnent West 141 EAST MEADOW DRIVE vArL, coLoRAo 81657 303/476-7890 IIn\ \l\n \ rri}/u' I \ 't) RE:ing-Pedestrian Acc es s Dear Kristan: Attached is a slte plan showing how we are proposi-ng to nodify the l-andscaped bern in front of the Vail National Bank Buildlng to provide safer pedestrian access across the Frontage Road. We wouLd appreciate your reviewing this proposal with the appropriate depart,nents as soon as possible since landscaping is currentl-y being done in that area and we woul-d like to coordinate any changes with that i{ork. Sidney cc : Pau l- Power s E.B. Chester George Shaeffer .CDD)\ h-laQ- ail NationaL Bank Buil MEMBE?, THE AMERICANI NSNUE OF AI?CHITECTS MI NUTES VAIL TOWN COUNCIL MEETING MARCH 20, 1990 7:30 P.M. A regular meeting of the VaiI Town 7:30 p.m., in the Councjl Chambers MEMBERS PRESENT:Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert LeVine Peggy 0sterfoss None Ron Phillips, Town Manager Larry Eskw'i th, Town Attorney Pam Brandmeyer, Town C'l erk MEMBERS ABSENT: TO}IN OFFICIALS PRESENT: The first item was the County Recreation and Affordable Housing Electionpresentatjon. Don Welch introduced members of the Task Force who were present. He explained the hjstory of the County's plans for recreation and affordable housing and brought the public up-to-date. Peter Jamar gave a sl ide presentation of prospective p1ans. Kevin Lindahl reviewed the planned capital costs for Phase I of the recreation area, and once it becomes ful1y operational , the annual proceeds and costs. Jim Stovall gave closing remarks giving an overview of the tentative p1ans. He then urged the publ'i c to get out and vote Apri 1 10. Don Welch then held a quest i on,/answer session for the public. Item two was a public hearing regarding the proposed Tennenbaum land exchange. Mayor Rose gave brief background information on the proposed land exchange. He then gave a sumnation of past Council philosophies and decis'i ons regarding open space, real estate transfer tax, and the punsuit of land acquisitions to keep open space, Counci'l 's concern now over a precedent that will be set, and that Council did not want to see local fand degradation to preserve other lands. Andy !'liessner, representing the Tennenbaums, discussed amendments to the proposed Ieg'i slation to appease the Town of Vail, noting the basis of the request was that the loss of one acre would not do the Town any harm. He then addressed some issues brought up at the Special CounciI Work Session meeting last Thursday, and answered numerous questjons of the public. Afterwards, pro/con statements from the public were made. Emmet Mossman, who ljves at 166 Forest Road, was against the exchange. Kirk Kepsel , of Lakewood and representing the Colorado Environmental Coalition, felt the land trade would be outstanding for Colorado. He felt the 2,100 acres were all ecological1y significant land in the state, and the one acre was not. Arthur Gould, a licensed engineer and part-time resident of Vai1, and representing the homeowners on Rockledge Road, was very much against the trade. Woody Beardsley of Denver, representing the Colorado Division of the hlilderness Society, endorsed the land swap, but would help if Vail residents could raise enough money to purchase the lands; then the Society would drop their support of the land trade. Moni Beal felt this trade must be stopped now, because others would be coming up in the future if this did go through. Hermann Staufer was against the trade, and felt residents had worked hard for Va'i I and want to keep it the crown jewel of the ski industry. Diana },lilliamson opposed the trade stating neighbors may have problems if it happened. Lee Baker, from Denver and on the Board of the Colorado Mountain C1ub, congratulated the Council on their commitment to open space, and stated the pos'i tion of the Club on this issue was that it was a good deal for the people of Colorado; it may not be for Vail, but it was for the State. He also felt it was too good a deal to turn down and too good a deal for Vail to stop. Lew Meskiman, a Vail resident, fe1 t the trade was not in the best interest of the town. He suggested the Town look into extending town limits over the Forest Service land and designate this overlapped area as open space; this would provide a double block for any land transfers. He noted that Minturn does this. Joe Staufer was concerned that this transfer wou'l d establish a precedent and urged the Council to fight it. Dorothy Coleman, representing the Colorado Environmental Coalition, stated she understood why Vail was against the trade, but felt the other lands were worth saving; also, she felt the ski area may expand over the one acre eventua'l 1y. Diana Donovan was very much Council was held on Tuesday, March 20, 1990, at of the Vai'l Municipal Building. against the proposed trade. At this time, Councilmembers gave their cormentsregarding the proposed land trade. Jim Gibson was very disappointed with the environmental groups; he felt they saw only one thing - 2,100 acres of what they wanted. He felt this was an extremely dangerous precedent which would affect Vail very adversely. He also remarked if it could be done here, then it could be done anywhere in the country. Peggy 0sterfoss commented it was interesting to see thepolarization of the vail group and environmental groups, and felt we should beworking together for a net increase in public 1ands, not exchanges. She also notedthe problem she had with this exchange was that it involved subjective judgement - what's good for whom? Merv Lapin was very much opposed to all land trades that involve Forest Service lands for private lands. He encouraged the public to contact our Colorado delegates and let them know immediately that we are against thistrade. Mayor Rose was against the trade because he did not want to lose our open space to acquire some elsewhere; the land was important here. Tom Steinberg, who was completely against the trade, pleaded wjth Mr. Tennenbaum to total 1y withdrawhis request. He felt this was jn the best interest of the community and the Tennenbaums. Lynn Frjtzlen first thanked everyone for coming to express their opinions, the commented she was against this trade because it was a local land use decision being decided on a national level with no local input. Robert LeVine was worried about this trade setting a precedence, and felt that each time after this would be easjer and easier until the system fell apart. Ron Phillips stated a summary of Council's comments would be jn a wrjtten form sometime tomorrow for thepublic. Jim Gibson asked that a list of the Colorado delegation's addresses and phone numbers be jncluded for the public. Tom Steinberg then made a motjon authorizing the Town Manager to make a summary of Council's attitude and draft aletter to the Colorado delegation opposing the land trade as presented for reasons stated, and to have this letter sent to each member of the delegation, and also makethis information available to the public, along with the delegations' addresses and phone numbers. Merv Lap'i n seconded the motion. A vote was taken and the motion passed unanimously 7-0. Due to the lateness of the hour, Council decided to move agenda items around to accormodate those members of the public involved in agenda items who were stilI present. The next item discussed was Ordinance No. 9, Series of 1990, first reading, a request to amend Special Development District No. 23, the Vail National BankBuilding. Mayor Rose read the full title. Tom Braun stated no changes had been made to the ordinance and staff had done no additional work on it with Jay Petenson. He remarked staff had no other comments and would be interested to hear the Bank's presentation. Paul Powers of the Vail National Bank Building reviewed the request, gave some background information, and answered questions of Council. Peggy 0sterfoss noted the Council had problems with two issues basically: 1) the timing of the construction before the parking spaces were available, and 2) adequateparking. Lynn Fritzlen stated it was difficult to vacate the space if the conditions were not met, and the enforcement would prove to be ovenwhelming tostaff. Ton Braun added that staff could not support the request as it stands. Tom Slgj_&gIS '!qCe a__Eotion to deny the ordjnance, which was seconded by Lynn Fritzlen. ADiana Donovan did not understand why the Council was against this request. After some discussion by Council, Byron Rose, one of the owners of the Bank building, addressed the tirning issue as far as Land Title and the VNB Building were concerned. Peggy 0sterfoss responded to Diana's concerns, and added she would vote against the ordinance. Robert LeVine suggested the Town issue a building permit at the time the parking structure was begun, but no occupancy permit unti'l the parking structure was complete. After much discussion by Counci|, GaiI Wahr'l ich-Lowenthal responded to Council's timing concerns, asked questions of CounciI and staff, and gave reasons why the request should be approved. A vote was then taken and the motion passed 6-1,, with Mayor Rose opposing, so 0rdinance No. 9 was denied. The next order of business was 0rdinance No. 10, Series of 1990, first reading, amending special Development District #4, Cascade Village Area b, Glen Lyon Oificesite to provide for changes to parking provisions, micro-brewery building and east bu'i 1ding. The full title of the ordjnance was read by Mayor Rose. Kristan Pritz gave a brief description of the request noting staff recommended approval and the Planning Commission unanimously recommended approval . There was then some discussjon regarding parking. Jjm Gibson made a motion to approve the ordinance, and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 7-0. The fifth item was Resolution No. 7, Series of 1990, authorizing the Town Manager to act on behalf of the Town of Vajl jn negotiating and entering into a lease termination agreement with the U.S. Postal Service. There was no discussion by the -?- public or Council. Menv Lapin made a motion to approve, which Robert LeVine seconded. A vote was taken and the motion passed unanimously 7-0. Next was 0rdinance No. 11, Series of 1990, first reading, rezoning Lots 3, 4, and 5, Vail Val'l ey 3rd Filing, a part of Sunburst replat from Primary/Secondary Residentialto Special Development District. Tom Braun stated the app'l icant was requesting the ordinance be tabled and the application be remanded to the Planning Commission. There was no other discussion. Merv Lapin made a motion to table the item and remand the appljcation back to the Plannjng Corrnission. The motion was seconded by Robert LeVine. A vote was taken and the motion passed unanimously 7-0. 0rdinance No.7, Serjes of 1990, second reading, increasing future Council compensation, was discussed next. Mayor Rose read the full tjtle of the ordinance. Lynn Fritzlen made a motion'to approve, with a second by Tom Ste'i nberg. Jim Gibson was opposed to the ordinance because he felt it wou'l d not get younger peop'l e to runfor Council. A1 so, he felt Council would be open to considerab'le criticism sine Planning Commission and Design Review Board members received no compensation. After some discussion regarding this, Djana Donovan comnented she felt an across the board increase for Councilmembers was alri ght, but not for attending meetings. A vote was then taken and the motion failed 3-4, with Robert LeVine, Peggy Osterfoss, Merv Lapjn, and Jim Gibson opposed, so Ordjnance No. 7 was denied. The next order of business was 0rdinance No. 12, Series of 1990, first reading, amending the Town's sales tax code. The full title was read by Mayor Rose. There was no discussion by Council or the publjc. Merv Lapin made a motjon to approve, which Peggy Osterfoss seconded. A vote was taken and the notion passed unanimously 7-0. The Jackalope Cafe & Cantina sign variance was next. Due to the absence of the applicant, Merv Lapin made a motion to table this item to the next Evening Meeting April 3. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimous'ly 7-0. The tenth item on the agenda was appointment of a Design Review Board member. Applicants for the opening were Carolyn Edrington, Don Ga1 gan, George King, and George Lamb. Councjl voted by secret bal'l ot for one member. There was a majority vote for George Lamb. Merv Lapin then made a motion to appoint George Lamb for a two year term on the DRB, which Tom Steinberg seconded. A vote was taken and the motjon passed unanimously 7-0. There was no Citizen Participation. There being no further public business, the meeting vyas adjourned at 12:15 a.m. Respectful ly submi tted, ATTEST: Rose, Minutes taken by Brenda Chesman -3- MI NUTES VAIL TO}{N COUNCIL MEETING MARCH 6, 1990 7:30 P.M. A regular meeting of the Vail Town 7:30 p.m., in the Council Chambers MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: CounciI was held on Tuesday, March 6, 1990, of the Vail Municipal Buildjng. Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Robert LeVine Peggy 0sterfoss Merv Lapin Ron Phillips, Town Manager Larry Eskwith, Town Attorney at The meeting began with the approval of minutes of the February 6 and 20, 1990 meetings. There was no discussion by Council or the public. Jim Gibson made a motion to approve the minutes as presented, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Next on the agenda was 0rdinance No. 7, Series of 1990, first reading, increasing the compensation for future Mayors and Councilmembers. The full title was nead by Mayor Rose. Larry Eskwith stated this ordinance tvas wri tten to the Council's specifications. Jim Gibson corrmented he had problems with the ordinance and felt the Town needed a broader spectrum of people seeking seats on the Counci1, but this was the wrong premise. He did not believe the ordinance wou'ld do what it was intended to do, and urged the Counci'l to not pass it. Lynn Fritz'l en remarked this item was extensively discussed at a Work Session in which all Councjlmembers participated, and she felt it would help with daycare costs, filling in for a work pos'i tion during meetings, etc., and this might help get a diversity of applicants for Council. Mayor Rose stated Councjlmembers djd spend a lot of time in meetings, reading, on phone ca1 1s, etc., and he felt those who dedicate thejr time should be compensated somehow and this would help. He continued with he had no problem with increasing the compensation. Peggy 0sterfoss agreed with Mayor Rose, adding that she preferred a flat rate change instead of the meeting rate, and felt the amount should just be doubled what it is presently. Tom Steinberg stated the present amount was the oniginal amount set, and fe1 t the amount should be brought up to an acceptable leve'l , such as $500, r{hich would help poorer people run for office. After much more discussion by Council, Lynn Fritzlen made a motion to approve the ordinance as presented, which was seconded by Tom Steinberg. Peggy Osterfoss noted she preferred a flat rate increase, but would support the ordinance because it wasvalid. A vote was taken and the motion passed 4-2, w'i th Robert LeVine and Jim Gibson opposing. Item three was 0rdinance No. Special Development District 9, Series of No. 23, ttitle was read by Mayor Rose. Tom Br VaiI Natjonal Bank bui1d'ing. staff had no problems with the this proposal and the tining. SDD change request, he stated wene a number of problems with basic problems were: ond inance amendi ng. The ful I addition to the concept, but there He stated the five 1. At the present time, the parking structure approved for the Medical Center is designed to meet the needs of the Center and the Doubletree Hotel . The structure is not designed with excess capacity. Approval would have to be obtained from the Town to modify the development plan adding more parking to this site. This approval has not been obtained. ?. The parking is not in place at this tine. The staff has serious concerns about approving this proposal dependent upon parking that is not in existence today. 3. The development of the parking structure is total ly dependent upon the performance of an adjacent property owner. The Bank has no control over the completion of these spaces. It would not be responsible to grant a development approval to one property owner, who then must rely on the performance of an adjacentproperty owner in order to satisfy their parking comm.i tments. 4. It has not been established that the Holiday Inn has an excess number of spaces to lease to the Bank. With the deve'l opment of the structure out of the Bank's contro'l , the Holiday Inn solutjon must be considered a permanent one in the event the comp'letion of the Medical Center parking structure is delayed. While it may be unlikely that problems will develop with completing the structure, it is not the Town's responsibility to speculate, or accept the risk that everything w'i 1l go smoothl y. The worst case situation is such that the Bank must rely on alternativelocations for the parking, and the obvious question becomes whether the Holiday Inn has the ability to provide this parking. No documentation of the utilization of the Holiday Inn's lot has been submjtted as a part of this application. 5. The approval of thjs proposal could serve to establ'i sh a dangerous precedent for future development proposals. Simply stated, the applicant is askingfor approval of a development that is dependent upon the performance of an adjacent owner in order to satisfy the parking requirements. From the standpoint of the Town and the community at 1arge, there is little or nothing to gain by granting this approval now. t,|hile an approval for the application will allow them a more convenient construction schedule, the Town will be accepting the risk that the parking structure at the Medical Center may or may not be completed in a t'imely manner, Tom stated the Planning and Environmental Commission recommended approval by a 4-2vote. After some comments by Counci'l , Jay Peterson, representing the Vail National Bank Corporation, gave some background information on this SDD and what the plans are now. He addressed Tom Braun's concerns, and reviewed the PEC's eight conditionsfor approval . He felt these addressed almost all of the concerns. Jay then responded to Tom Steinberg's problems with the request. After much discussion, Peggy Osterfoss made a motion to approve the ordinance with the eight conditions required by the.PEC, plus two additional . The ejght were: 1. The VaiI Va11ey Medical Center (VVMC) submit an application for modification to jts conditional use permit allowing an additional two half levels of park ing . 2. The VVMC submit plans showing such two half levels of parking. 3. The Vail National Bank building exercise its option to purchase or use in perpetuity the number of spaces from VVMB necessary to conform to zoning for its addition. 4. The VVMC receive a1 | approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and the VVMC applyfor and receive such buildjng permit. 5. The Vail National Bank building shal 1 not occupy the expanded premises unless VVMC has commenced construction and has continued construction on its parking structure. 6. The Vail National Bank building agrees to move out of the expanded premisesif they cannot occupy the parking spaces at VVMC on or before December 1, 1990. 7. The Vail National Bank building provide a letter from Holiday Inn or a suitable substitute a1 lowing the use of four parking spaces from the date of occupancy of the expanded premises to December 1, 1990. L The above conditions be satisfied prior to the issuance of a bui'ldingpernit to Vail Nationa'l Bank building. The additional two were: 1, A temporary parking structure by 2. If the Vail January 1, 1991, the occupancy permit be issued contingent upon completion of the December 1, 1990. National Bank building is unable to occupy the structure by enclosed areas would be removed and returned to open decks. -2- Robert LeVine seconded the motion. Much more discussion ensued by the Council, Jay Peterson, and staff. An idea of adding to the motion the requirement of a letter of cnedit to be issued to the Town of Vail so the Town cou'l d remove the enclosed decksif need be was mentioned. Larry Eskwith requested they leave the motion as is, so he could work on the rewording for second reading. At this time, Jay Peterson nequested the motion be withdnawn and the jtem tabled until the next Evening Meeting. Peggy Osterfoss withdrew the motion, and Robert LeVine withdrew the second. Peggy Osterfoss then made a notion to tab'l e the ordinance until the next Evening Meeting, which Robert LeVine seconded. It was felt this would allow Jay and Larry time to work out some rewording. Tom Steinberg made a motion to proceed with the ordinance on first reading. There was no second, so the motion died. A vote was taken and Peggy's motion passed 5-1, with Tom Steinberg oppos'i ng. Tom Steinberg then made a motjon to deny the ordinance. There was no second, so the motion died. The fourth agenda item was appointment of a Local Liquor Licensing Authority Board Member. Bill Bishop, the single applicant, has served on the Board since March of 1988. Peggy Osterfoss made a motion to reappo'int Bil1 Bishop to a two year term on the Local Liquor Licensing Authority Board. The motion was seconded by Robert LeVine. Lynn Fritzlen stated she was abstaining from the vote due to a financial relationship she has with Bill Bishop at thjs tjme. A vote was taken and the motion passed 5-0, with Lynn Fritzlen abstaining. Under Citizen Participation, Kristan Pritz stated they needed Design Review Board applicants. She asked Counci'lmembers that if they knew of anyone, to pl ease1et her know and she would personal ly contact them. She added that at this time, there was only one applicant. Mayor Rose cormented that to move Citizen Participation up to the front of the agenda, an ondinance was needed. He said that if everyone was agreeable, he would also like to set up guide'l ines, time tables for speakers, and he wou'l d suggest Council look at it and try it. Lynn Fritzlen felt it was appropriate. Larry Eskw'i th stated he and Ron Phil|ips had looked at this item in the Code today, and they would have some suggest'ions to the Councjl in the very near future. There being no further business, the meeting was adjourned at 9:03 p.m. Respectful ly submi tted, ATTEST: Minutes taken by Brenda Chesman Ur,J Town Clerk -3- TO: FROM! DATE: RE: Planning and Environmental Courmissj-on Corrmunity DeveloPment Department February 26, L99O A request for an amendnent to Special Development Dist;ict 23 to al1ow for an office expansion, to the Vail National Bank Building at 108 South Frontage Road West.Applicant: Vail National Bank Bldg. Corp. The following infomation is in response to Ptanning Commission. questions foilowing ttre February 13 review of proposed amendments to the vail National Bank Bldg. SDD: 1. Proposed conditions of approval. The attached memorandum to ion BraunFrorn Jay Peterson outlines the ipplicants suggested conditions of approval for this application. 2. The Vail Valley Medial Center perkinq structure' @ for a conditional use pennit to iirlrease the size of the Medical Centers's approved parkingstructure.Thisapplicationwillbereviewed Ly the-Planning Cornrnission of March 26t 1990' 3.TheBankBuilding/wMCaqreenent.Attachedyouwill' @lnent between the hosPital and the bank luilaing peitaining to the purcftase and use parking sPaces witirin the hospital's new parking structure 4. Parkinq requirements. After consultation with Larry ffiinion that the Parking iequirerirents imposed on the bank building nust be based ontheparking-standardsoutlinesinthezoningcode. The SDD criteiia pertaining to parking specifically. references the pahing standards. This implies- that the standards eitabtiin tne maximun parking to be required with a develoPnent. STAFF RECOMMENDATTON The staffrs position regarding this proposal has_ rernained "ii"ti"g.a. iVnife in coicept,-tt9 stlft-agrees that parkinq in ifre froipital structure can provide a workable solution to neet aii; ;;"iats parking denand- Hol{tever, it is inappropriate to iuttrorize ahaitional development approvals to adjacent property "wn"ri without the trospitalTs parking structure being in p1ace. FREOERICX 3. OrrO JAY X. PEIERSON wr LLlAl, J. PO3i WENDELL I. PORTERFIELO, JR. Orro, Pnrnnsor & Post ATIOENETS AT LA'W POST OFFTCE BOX 3ra9 I'AIL, GOLi,ADO 61564-3149 vatL NAT|ONIL !41{l( lul|-olN6 (r03).7C-OO92 FAX LIN E (303).7e-o407 I.{EI.{ORANDI'M TO: TOI{ BRAUN FROM: JAY K. PETERSON DATE: FEBRUARY 22, 1990 RE: VAIL NATTONAL BANK BUILDING Approval to be subject to the following conditions: 1. That VaiI Valley Medical Center (VVI{C) subnit an application.for nodification to its Conditional Use Permit allowing an additional two half levels of parking. 2. fhat V\/}tC submit plans showing such two half levels of parking. 3. That Vail National Bank Building exercise its option to purchase or use in perpetuity the nunber of spaces fron VWIC necessary to conform to zoning for its addition. 4. That v\/UC receive a1I approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that Wt'lc apply for and receive such building permit. 5. That vail National Bank Building shall not occupy the expanded premises unless WMC has comrnenced construction and has continued construction on its parking structure. 6. That Vail National Bank Building agrees to rnove out of the expanded prenises if they cannot occupy the parking spaces at V\/}IC on or before Decenber 1, 1990. 7. That vait National Bank Building provide a letter fron Holiday Inn or a suitable substitute allowing the use of four parking spaces frorn the date of occupancy of the expanded prenises to December 1, 1990. g. That the above conditions be satisfied prior to the issuance of a building perrnit to Vail National aank Building. lllfs AcREElt[Nf ls dated as of llay 22, 1989 by and between Vl{B Buildinq Corp., a Nevada corporatj.on (VNB) and Vall Cllnic,Inc. d/b/a Vail Valley Medical center (Hospital) RECTTAI^S a. Hospital ls engaged, ln a tax-exenpt borrowing tofinance, in part, the cost of construction of a parking structure(hereinafter 'rParking Structurerr) to be located generally at the easE, end of Hospitalrs existing property and on an easement to begranted to the Hospital by VaiJ. Holdings, a South Carolina generalpartnershlp. The legal descriptlon of the real property which issubject to the easenent and is owned by Vail lloldings is referredto as the rrVall Holdings Property" and is described ln Exlribit A.The property owne_d by Hospltal (the rHospital property'r) isdescribed ln Exlriblt 8. b. \ruB wlshes to purchase an exclusive, lrrevocablelicense to use parklng spacesi in the parking structure, subject tothe tenns and conditlons herein. c. The parties wish to cooperate regarding the provisionof accesg to the Parking Structure and the reconfiguration of theaccess to the VlfB site fron South Frontage Road, Vail , Colorado. NOlf, IEEREFORE, in consideratLon of the mutual covenants andpronises contained hereln, the parties agree: 1. Constmctlon of parklno Structure. Except asprovlded below, Hospital will construct, irt its expense, theParking Structure,. in substantlal accrrrdance wlth the- plans andspecificatlons whiclr have been previously delivered - to VNB.Nothing ln this Agreenent is intended to piovide VtfB a right tooversee, approve, or veto any aspecL of tlre constructlon of theParking Structure, and VI/MC nay alLer the plans and specificatlonsas it deeos necessary or proper. AGRSEUEIII 2. Relocatlon of Aeeess. a.vNB will relocate, deslgn and build thetresternmost access !o its present site (the ttVl-IB propertyr) fromsouth Frontage Road as shown on Exhlbit c attached hereto andLncorporated herein by this reference, but wlll only be obligatedto pay for any such deslgn and construction wlthin the cioss-hatched lines on Exhibit C. The parties agree that a purpose ofthe design anci reconfiguration of vl{B's westernmost aciest is tofacilltate access to the Parking Structure and the Hospitalproperty fron South Frontage Road. b. VlfB w111 rnove its existlng eaEtern access to apolnt generally opposlte the easternmost- public post officeentrance. c. VNB !1111 constnrct and pay for all work or othercosts required to have the luprovement,s shown within the croEs-hatched lines on Exhiblt C conforo to Exhibit C. 3. Option. Hospital hereby grants to VNB an option topurchase an excluElve, Lrrevocable Ilcense to use tuelve (X2)parking spaces ('rthe Addltionat parklng Spacesrr) to be located lnthe Parking Structure on the terms specified herein. 4. Exerclse. of Ootlon. a. VNB nay exerclee lts optlon aE follons: durlngthe blddlng or negotiatlon stage of Hospitalrs construct,lon of theParklng Structure, Hospital, through Lts general contractor, wlllprovide to VNB ln wrltlng lts statement of the Cost of theAdditlonal Parklng spaces. yflthln seven (71 busLness days after such notice, Vl{B shall notlfy Hospital if it wish€s to exercise itsoptlon. b. The rrCost of the Additional Parklng spncestr, forpurposes of thls Agreenent, shall be baEed upon the cost of 'raddingontr tuelve parking spaces to t:he cost of constructlon of llospitalrsParking Structure. The Cost, of the Additlonal parklnqt Spaces shallbe the dlfference between the contractor's estimate to build theParking structure and the same contractorrs estinrate to build thenartling Stmcture enlarged to include twelve spaces for VtfB. Suchestinates sharr include the actual hard constructlon costs, prusthe proportion of buildlng permit fees due to the additionalconstructlon, the proportion of the archit,ectrs fee attributableto addltlonar constructlon (7.5t of hard constructlon costs) andthe proportion of the contractorrs perfortnance and palznent bondpremium attrlbutable to the adctitlonat construction of-thL optionedparking spacea, but shall not incrude any cost6 for ventLlation orsprlnklers for the Parklng Structure. c. r/NB will exerclse its optlon by (i) cleliverlngto Hosprtal wrltten notice tbereof within seven (z) business dayifollowing tlre presentation of the statement of the cost of theAdditional Parklng.spaces by ttospital as provided above, and (ti)dell.verLng to Hospltar an irrevocable letler of credlt itrawn ripoira natlonal bank, in favor of the Hospital, in an anount egual-tothe cost of the Addltlonal parklng spaces. The letter of-creditshall _be payable upon vl{Brs failure or refusal to pay the cost ofthe additional Epaces withln three (3) buslness dayl followlng thexPay DateI, as defined J.n paragraph 5, below. \/l{B,s exerciJe ofits option shall constltute a blndlng and irrevoeable connitnentto pay the cost of the Additional parklng spaces as provJ.ded inthis Agreenent. After receivLng notlce of tne exerclSe of vl{Brs 2 optlon, Hoepital wlll construct the Addltional ParkJ.ng Spaces btrt:will not charge VNB nore than the Cost of the Additional Parking Spaces as defined above and presente(l to VNB prior to its exerciseof its optlon. FaLlure to exercise the option in etrict accordancewith Lhe provl.elons of, the paragraph 4 shall result ln a lapse ofVl{Brs option under thls Agreenent. 5. Pavment. VlfB Ehall pay to Hospltal the Cost of theAdditl-onal Parking Spaces upon denand for palnnent by the Hospitalafter conpletion of the Parking Structure (the nPay Daterr).Hospital Day denand palment under thls paragraph upon theconpletion of the following: a) completion of the Parklngstnrcturet b) delivery to VNB of a valid certlflcate of insurance coverage pursuant to paragraph 7; and c) delivery to VtlB of a finalCertificate of Occupancy for the Parking Stmcture. 6. Grant of Llcense. Upon cornpletlon of the ParkingStructure and full palmrent by VNB of the cost of the AdditionalParking Spaces, Hospital shall be deemed to have granted to VNB arrexclusive, Irrevocable license to use the twelve additlonal spacesdescribed herein which license shall be a permitted encurnbrance tothe lien created by the Mortgage and Loan Agreenent of June 1, 19B9by and between the llospital and Colorado Health FacilitiesAuthority. Such license shall be perpetual , subJect, however, toall condltions set forth herein. 7. Use arrd Locatlon of Parklns SDaees. a. The parking spaces subJect to vNBts llcense shallbe located Ln Euch part of the Parkingr Structure as Hospital and \I}fB mutually agree. Hospital and VNB shall jolntly determine theLocatlon of the spaces at or prior to the tlne of VNBts exerciseof its option in paragraph 4. If the parties are unable to agreeon the precise location of the parking spaces, and VNB hasexercised lts option, VNB shall be assigned and it shall beIicensed to use twelve spaces which are closest to the existfu:r1 \DIDparking spaces on the VNB property at the southeast corner of thcParklng Strrrcture and located on parking deck hal.f level 4. -The parklng spaces eo located and subJect to VNBrs license shall beldentifl.ed by-slgns. \lNB shall place and pay all coets of stripingand parklng_ J.dentlfLsatlon signage for its twelve spaces. -Ttta quantLty, eLze, color, desl.gn and placement of such signage shallbe subJect to the prior approval of the Hospital . b. The parklnql spaces shall be used only for theparklng of automoblles, notorcycles, Ilght trucks or vans, andshall not be used for storage or for the parklng of large tlrrcks,buges, lluousl,nes, boats, trailere, recreational vehlcles, or anyother overslzed vehlcle. c. \NB sball be solely responslble for thedesignatlon or autborizatlon of all persons including enployees, tenants and customers of, vNB who nay uBe ilre parking spaces. underno clrcunetances shall such persons l'e consldlred irivitees, expressor inplied, of the Hospital. d. VNB Ehall pay to Hospital , upon presentatlon ofa statenent therefore, lts pro rata Ehare of Hospltal.rs coets ofcleaning and snow rernoval for the larklng structurl. such pro ratashare shall be based upon ilre proportlon of twelve parklng apacesto the total nunber of Epaces in the parking struciure fiorn- tlureto. tlme. Hospltal shall pay all other costs of operation,rnaintenance, Bnow removal ana utltltleg for the parking stnrcture.lloepital shalr maintaln approprlate property casualty-and generarllabirlty insuranca coverage on the earxlng-structur!. vltB shall be naned as an additlonal insured on such poficy or pollcles as itsinterest nay appear. VttB ehall naintafn approprlate property,casualty and general liabillty insurance coverage with respect toits property and operatlons. e. If the parking structtrre is destroyed for anyreason to such an extent as to rrot arlow the use of the specifi-parking spaces licensed by vltB aE provJ.ded in this Agrbenent,llospital shall elect one of, the follo-wlng threa optlons:- (f) tlospltal nlay commence rebuildlng orrestoratl.on of the use of the parklng strrrcture and vl{gts spaceswlthin a reasonabLe tlme aft,cr the loss of usei or (11) tlosplEal nay relocate \NBrs licenserlparking splces-to another lceotLon wi[hln the parklng Slructure;or to another locatlon on.any other ltospltar property located at181 l{est Meadow Drivo, VaIl , Colorado which is not iubJect to arlght of reverter, as descrlbed in paragraph 1Oi or (tlj) HospiEal nay pay to Vt'tB an amount equal totbe pro,rata unused portlon of the Recapture Feriod of the Iicense(as deflned below in paragraph 10) tlmes the cost of the AdditionalParklng Spaces paid by VtfB. Upon payment of such anount, VlfBrs l-Lcense Ehall terminate and be extlnguisnea. f. Hospital :nay voluntarily demolistr or raze theParking SEructure. fn the event llospltal chooses to do so, itshall elect either the-optlon describea in subparagraph Z(e)(j.i)or subparagraph z(e) (lli), ahove wlth respect -to fiNgis ficlriseifspaceg. 8. Vl{Bts Rezonino and Access Reperrnlt. a. VltB shall pursue with all deliberate epeed theapproval 0f its present propoeed rezonlng wlth the rown Lf vail.upon signature of this Agreenent by vNB, VHe shatl prornptly applyfor an access repermit_andloy execute arl other docunentgne-es-iryto secure the approvaL of the state Hlghway Departnent, the Towir of Vall , or any other Jurisdiction having authority over theredesign, relocation or constnrction of the access to South Frontage Road by the Hospital fr 'n the Parking Stmcture as contenplated in Exhibit C. b. This Agreernent shatl be null and voLd if theColorado state HJ.ghvay Departloent or any other 'body wittrjurlsdiction over the access repermlt, fails to approve and toissue an access repernit by August I, 1989, without furtherllabllity to either party. 9. vaLl Hotdlnos. a. f f requlred by vall Holdl.ngs, vl{Brs ll'cense shall not extend to parking spaceE located on the vail lloldings Property. Thl-s Agreenent and any lJ.cense granted pursrrant to thls Agreenent' are subject to and expressly condltloned upon the exlstence of avalld eaEenent to be granted by Valt ttoldings to the Hospital to enable the Hoepital to constr:uct the Parking Structure and access ranps, and Hoepital nakes no repreaentatic,ns or warrantles with respect to the such easenent. llospital shall have no obligationto perfor:n any provision of this Agreenent if the easenent fromvail Holdlngs is not granted by Septeuber 1, 1989. b. Upon execution of thls Agreement by the parLies, Vt[B w111 release the access rcpemit applicatlon described in paragraph 8(a). If Vall Holdings has not executed an agreementwith Hospltal by June 10, 1989, whlch agreement requlres vail Holdings to grant to Hospital an easement on the Vail HoldlngsProperty, vNE tlay withdraw ltE accees repernlt appllcatlon. 10. Acknowledcrenrent of Reverter. a. vNB acknowledges that the real property upon which llospltaL Ls located and upon whictr a portion of the ParkingStructure ls to be located Is subJect to a forfej.ture or reverterclause contained in a deed frou VaIl Associates, Inc. to vallClinic, Inc., recorded December 2, 1977 in Book 263, Page 243 inthe records of the Clerk and Recorder of Eagle County, Colorado.Vt{Brs lLcense to parking spaces ls subject to such right of reverter. b. ff the real property upon whlch the Parklng Strucbure is located reverts back to Va1l AssocJ.ates, Inc. or its assigns durlng the Recapture Feriod as defined below, then Hospitalshall pay to VtfB an arnount equal to the pro rata unused portion ofthe Recapture Period of the llcense tirnes the Cost of theAdditionat Parking Spaces paid by \lltB. c. For purposes of this paraqraph a, Lhe Recapture Periodrr shalt be a period of ttrlrty (30) years fron thedate of first occupancy of the Parking Stnrcture. After tlre explratlon of the Recapture Perlod, lro amount shall be payable byHospital ln the event of a loss or extlnguishnent of VlfBts l.tcenstrby reverter or othemlse as provide,' above. As an example, aEsune (1) Cost of AdditionalParklng Spaces equala $120,000, (2) Recapture Period ls 30 yearsi and (3) due to relocatlon of Hospltal , Hospitalrs property revertsto ValI Associates 20 years after occupancy of Parking Structure.Hospltal would pay to vNB s4orOoO. (Lo/3o x s120r000 = 94O,OOO.) 11. Pedestrian Access. If a pedestrian brldge or walkwayconnecting the Hospitalrs parklng structure wlth Vt{B's slte isrequlred or imposed aE a condiLion of any neceasary approval ofHospltal's parking stntcture or VNBrs proposed rezoning by the Townof Val.I, Hospital agrees to pay the cost of such bridge or walLway. 12. Yall Assoclates, fnc. Walver or Releas€. Hospitalwill obtaln fron Vall Associates, fnc. a docunent, in recordableform, reasonably Eatisfactory to VNB, which waives, or releases,its right of reverter only as to the easenent conveyed by VailClinic, Inc. to Vall Professional Building croup, Ltd., dated2/L9/8L, and described on Exhlblt D, attached hareto andincor2oratEd herein by reference. 13. Mlscellaneous. a. This Agreenent is binding upon the heirs, successorg and aselgns of the partles. b. Tlne is of the essence of this Agreement. c. Thls Agreenent shalt be governed by the Laws ofthe State of Colorado. d. Any provision of thls Agreenent prohibited by thelaws of the State of Colorado or the United States of Anerica orheld to be Lnvalid by a court of conpetent Jurlsdlction shall beineffective only to the extent of such provislon withoutlnvalldating the renaining provielons of thls Agreement. e. This Agreement constitutes the conplete agreenentof the parties hereto, and may not be changed or nodlfied exceptby another agreement ln wrltlng executed by both parties.f. Thls Agreenent or docunent signed by the partlesreflecting certain covenants herein or the llcense contenrplated hereby nay be recorded ln the offlce of the Eagle county Clerk and Recorder. 9t. VNB agreelr not to opposre any fubure expanslon ofHospital. Hospital agrees not to oppose any future expansion of VNB. h. Any notlce requJ.rer.l to be given hereunder shall be deened to have beetr given when nail-ed by certlfied mail, returnreceipt requested, postage prepaid, Cdressed as folIow, or if handdelivered to the person(s) and addrr..sses below: If Hospltal:Vail valley Medical center 181 I'lest Meadow Drlte Vail , Colorado 81657Attns Adninistrator VllB Bullding Corporatlon c,/o Hanover Realty Corporation 650 South Cherry Street Sulte 1025 Denver, Colorado 80222 If to VNB: lly conmission expires : !i; i:.-.::::l::l:r e::;!t35 hnmry 3' lSlC (SEAL) or to such other address or person(s) as the parties may dr-rsignatcIn writing. STATE OF COIORADO )) ss. COUNTY OF Denver ) The foregolng was subscribed and slrorn to before rne by..paul W. Powers, Vice President, VNB Building Corp' @ Attest: Notary Pulrlic VATL CIJNIC, V'|IL VITIJAY TNc. it/b/a UEDIC.AL CENTER Pnrldcnt Board ot Attcstr Kooncc Dlrsctors The f tng was eubecrlbed and svorn to before ue by ay l.ty connisai.on explres : .ti'I :.1..'.' i'. 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I t.(' I I t UJt,o tno -olfl'a |ft'uXqt !sE; ||||llll<,.f 6 EXHIBIT A I.EGIL DESERjIPITO!| All of lot E and Iot F, hended Hap of Shaet 1 er 2of VAIL VIIJAGE, SEeoND SIIJNG, accordlng to the naptlreraof rscorded ln the offLce of Eagle Ceunty,Coloardo, Clcrk and Recorder Hxl.flBlT El \ \\'\\' -\ \L\.- -o \.'--. \I IIt.J l,\ ..' t' { EXHIBIT I' E II .-.ss- J rtox4lt ,t..r -) .{all -l,l't{ rblJ OK PIAT{NING AND ENVIRONI.IENTAL COMMISSION FEBRUARY 26, 1990 Present Chuck Crist Diana Donovan Connie Knight Ludwig KurzJin Shearer Kathy lilarren Dalton Willians StaffKristan Pritz Mike Mollica Tom Braunshelly Mello Betsy Rosolack The PLanning and Environmental Connission rneeting was called toorder at 3:00 p.n. by Diana Donovan, Chairperson. ftem No. 1: Approval of minutes for Februarv 12, 1990 meetinq. Motion for annroval of minutes with corrections was nade by Jim Shearer and seconded bv Dalton Williams. VOTE3 7-0INFAVOR. Item No. 2: A recruest for variances from the side and rear setbacks to allow for the expansion of an existinc horne on Lot 5. Block E, VaiI das Schone Filino No. 1.Applicant: Tom and Nancv Ricci Mike Mollica explained that this was a request for a variance for the east side setback only. This was discussed on the site. Motion for annroval per the staff memo was made by Kathv Warren and seconded bv Connie Kniqht. VOTE: 7-OINFAVOR. Iten No. 3: A recruest for a side setback variance for L,ot 6. Block 2, Vail Villacre Sixth Filincr.Applicant: Clinton G. Ames. Jr. APPLICANT WAS NOT PRESENT TABLED WTTHOUT VOTE ftem No. 4: A recruest for a side setback variance, for a crarage and storacre room for a new residence, on Lot 15. Block 1, VaiI Potato Patch. Applicant: Bruce Kasson Shelly Mello explained that a residence had not yet been constructed on the site and that a hardship could not be found since the storage could be built elsewhere. Tom BrLne", .t"n0"ct for the proje"t, =t"tthat the appticant wanted to take advantage of this steep site and rnake a garagewith one Bpace for vehicles that were not used very much. Hestated that this was not storage but actually a three car garage and showed a model. Ile said that the third car would be mostlyin storage and the variance that was being requested would be underground. Kathy askedrrrWhy not just shift the home 7 feet to the left?rr andBriner claimed that more trees would be lost this way. Diana said she felt the only way she could sympathize with the request was if the footprint of a home were narked on the plat showing which trees would be lost. Dalton felt that he could not see any hardship on an unbul.lt lot. l,lr. Briner said that not everytlring was black and rhite. He felt they were not doing anything disastrous and that if more trees would be saved, he felt the Planning corunissLon would support it. Connie said that she didnrt have any problem with the property variance as it was underground, but that at a later tine the owner may nant to add to the top of it. Motion for denial per the staff meno was nade bv DaltonWilliams and seconded by Jim Shearer. VOTEs 7-OTODENY Itern No. 6: A reauest for an anendnent to Special llevelopment JLn Shearer removed hinself fron the Board due to a confllct ofinterest on this item. Tom Braun extrllained that at the last meetl-ng the Planning Connission had asked to have rnore information. one of the things they had wondered about was whether or not the Tortn could ask the Bank to have nore parking than rtas actually reguired. Larry Eskwl-th stated that the parking for the bank was consistent withthe parking code and that we could not ask for nore. The staff was still uncomfortable with the proposal according to Tom. Jay Peterson, representing the applicant, stated that the bank had between March 15 and uarch 20 to exerclse their option. He repeated that he felt the condl.tions asked for put then in tbe sane position as the hospital . ff the hospital parking was not started they canrt occupy their neit space. He felt the sane should be applied to the bank. He added that by the tine of a TCo for the bank in July the parking structure would be under way. Kristan stated that a Tco for the hospital addition would not be released until they have obtained a building permit for their parking structure. office exnansion, to the Vail Natlonal Bank Chuck asked whether or not the Highway departnent had okayed the new proposal . Kristan replied that they had no problen with it. Connie stated that she was uncomfortable with the tfuning that theparking needs to be in place. Kathy said she felt that the qart was before the horse and thatthe application should come back after the parking proposal ls lnpIace. Motion for denial was nade bv Connie Knicrht and seconded bv Kathv l{arren. Discussion continued before voting. Diana asked if the bank would connit to 12 eipaces. Jay filt this was unfair to requireparking beyond what was required by the zoning code. Diana asked about the access fron the bank to the parkingstructure and Kristan replied that the access is from the frontof the structure down to the bank but there is no bridge. Kathy foresaw great problems. Dalton asked whether there would be a connection between the two underground parking lots between the bank and the hospital . Jayreplied that if they were connected, they would lose spaces inthe hospital parking lot. VOTE: 2 - 4 - 1 KATHY AND CONNTE IN FAVOR OF DENIAL Dlotion for approval of a recornrnendation to the Town Council rcer the proposed modified conditions was made bv Chuck Crist and seconded by Ludr.ricr Kurz. Conditions:1. As proposed bv the vail National Bank in the memo dated February 22. 1990 from Jay Peterson to Tom Braun.2. The Town Attornev shall review thepurchase or lease aqreernent between the VaiI National Bank and the vail vallev uedical Center.3. Five spaces rather than 4 spaces be purchased. VOTE: 4 . 2 - 1 WITH JI},! SHEARER ABSTAINING. Iten No. 5:An amendment to Special Develonment District 4. Cascade Villaqe. to anend Area D. Glen Lyon Office Buildincr at 1OOO S. Frontaoe Road t{., Lot 54, Glen Lvon Subdivision. Anpticant: GIen Lyon Office Buildincr - A Colorado Partnership. Kristan Prltz described the proposal including a request to notbuild the parking structure during Phases I and II. Phase I would include an office expanslon. The lot is narrow andexisting trees dictate where the parking lot would have to belocated. she referred the board to the TDA parking analysis. Slre showed which trees would be lost or noved. Kathy asked if there would be valet parking during peak tines. Kristan replied that there would be. Kristan explained that the staff was recomnending approval withthe conditions on the previous memo plus the conditions on this neno. Kay Saulsbury from Colorado l{ountain College explained that C}lC has a parking strortage which seens to increase. She felt thatthe present parking does neet the Town of Vail standards but thatit is still not enough. Diana said that unfortunately it does neet the Town of Vail standards and that there is nothing they can do to increase it. chuck asked if the parking structure would be constructed with Phase III and Kristan replied that it would. Dalton felt that there should be a condition that if the Bres Pubis opened during the day on weekdays the parking structure would be constructed. Kristan stated that was already part of the phasing plan. Kathy asked Andy if he would go along with the conditions and Andy replied that he would. Diana wondered how the Rrb could beprevented frorn opening for lunch during the week without a parklng structure in place. Andy said he could not open during the day and weekdays because the tenants of the office building had been pronised parking and he would be cited by the Town of VaiI. Andy Norris agreed that parking per the Tov requirements would be provided on site for the east building no natter what. He agreed he would bave to decrease office square footage or add underground parking to neet the reguirement. l{otion for apnroval was made bv Kathy lilarren for recomrnendation to the Town Council per the staff nemos with two added recommendations to the list of 8 as follows: 10. The rnotion was seconded bv Chuck Crist. VOTE: 7-0INFAVOR The Beer Hall would not be open durino the week davs.If the Beer HaIl l-s opened for weekdav use, the parkinq structure must be constructed. EmDlovee units would be restricted pernanentlv. 9. Iten No. 7 A recruest for a conditional use oernLt to nodifyan outdoor dinincr deck, an amendnent torestrlctions reoardLnq ttro emplovee units, and arequest for an exterior alteration, a heishtvariance and a landscape variance in order toconstruct an addition to the Bell Tower BuLldl.nqat 201 core Creek Drive.Applicant: Clark Willingham./Bell TowerAssociates. Ltd. Chuck Crist left for a short while. Tom Braun stated that there were four separate requestE. Anexterior alteration to add enclosed floor area, a heightvariance, a variance to reduce landscaping and a conditional usepernlt to establish an outdoor dining patio on the second floorof the bullding. Tom showed elevations and site plane. Tom first explaLned the request for an exterior alteration. It was for three things: the addition of a dormer on the fourthfloor of the building along core Creek Drive, the addition of afifth floor and expansion of the fourth floor on the north sideof the building and a 270 aquare foot ground floor retail expansion adjacent to the core Creek Promenade with therelocation of an existing dining deck to a roof top dining deck above the proposed expansion. The residential addition would add one dwelling unit to the property and a total of 21278 squarefeet of GRFA. Tom reviewed the Vail Village DesignConsiderations with respect to the exterior alteration. Thepedestrianization and vehicular penetration are not affected bythe proposal . With regard to streetEcape framework, the proposedretall infill along Gore Creek Pronenade will provide an activitygenerator to give street life and visual interest. Ton statedthat the dining deckrs location would have little success inproviding such activity. With regard to street enclosure, the dormer proposed for the south side of the building would not change the street enclosure along Gore Creek Driveappreciatively. The one store retail expansion along the Promenade would establish a more desirable rrhuman scalen on this Eide of the building but any perceived reduction in mass on this sLde of the building is negated by the introduction of a fourth and flfth floor. Street Edge: slightly irregular facade lines, buiLdlng Jogs, and Iandscaped areas create life and visual interest for thepedestrian. The proposed retail. e:rpansion is consistent wlththis criteria. Ehe addition is slightly recessed from inprovementE of the Gore creek Pl.aza building. Any certain rhythn has been establlshed along the entire length of the Pronenade. Building height: Height variance is required to allow additionsto the upper floor on the north side of the bullding. Theexisting building is non-confotming with respect to allowable building heights. The propoeed addition would increase the degree of non-conformity. Ton felt that one must consider theinplications of this proposal as it relates to future developnentapplications. If approved, the proposal would introduce a fifthfloor elenent along the Gore Creek side of the bullding and an addition of this nagnitude is inconsistent sith the Urban Design Guide Plan as well as the height plan outlined in the recently adopted vait Village naster Plan. Eom then discussed views andfocal points and then discussed service and delivery. Sun/Shade issue: Tom stated that the Design Guidelines say trAll ney or expanded buildings should not substantially increase the sunmer and fall shadow pattern on adjacent properties or thepublic right-of-wayr'. Ton said that the proposal would increase shade along the Pronenade, the shadow pattern at 12:Oo noon on uarclr 21 and September 23 would be 4 L/2 feet in width. Thlsinpact is both unnecessary and unacceptable to the staff. Tomrs next concern sras the architecture,/landscape considerations. lle stated that it was irnportant to address this considerationpertaining to roofs. Staff felt that the flat roof was out of character with the Village and the manner in which lt was proposed displays Iittle to no relationship to existing roof forms on the building. The staff reconnendation is for denial of the requested exterior alteration. The staff feels that while the proposed additions may benefit the owner and the tenants itwill do little to benefit the overall fabric of the Village. The ViIIage is based on a very delicate balance between the built environnent, open spaces and space between the buildings and itis felt that this building has reached its optimum level of development. Craig snowdon, an architect representing the applicant, statedthat the dining patio has been reduced to a little hole. The sun on the deck would be increased by raising it to the second floor level . Those on the deck would also have a better view of both core Creek Promenade and the Childrenrs Plaza. Craig felt that the first floor retail space was a definite plus. He stated that people do not look up when they are close to a building. He stated that the fiftb floor would not be viewed at all. The closest view would be fron Bridge Street. Regarding the height along Gore Creek Drive, the height conplies with the Urban Design Considerations for the Village. Craig also said that the Gore creek Plaza building had set a precedence' therefore the Bell Tohrer building would not be increasing the situation. Regarding Service and Delivery, Craig said that there were 230feet from delivery point at WiIIow Bridge loading area which vas comparable to the one Vail Place Building and the Hong Kong CafeBuitding. I{ith regard to Sun/Shade, the 5th floor does not increase the shade. The 4th floor roof does affect the Sun/Shade. With regard to the architecture, steeper roofs could have been designed but would have made it nuch more of a heightproblem. With regard to restricting the two enployee units pernanently, Craig asked if this had been done any other place in the village. He felt that lt Eeerned extrerne. Regarding landscape reduction, Craig felt that there was more to landscaping than dirt. He stated that the owner regrularly Lnvests $5,000 per year on landscaping for such things aE sindowboxes, flower baskets, Christnas lights etc.. Cralg fett thatthe eection of landscaping belng used was not highly vlsible. Healso infor:med the board that presently the owner of the BelI Tower owns part of the property that the publlc stairs are on. He also pointed out that ellnlnating the patio at grade will lncrease the Pronenade area by 100 to 125 feet. He felt thatreplacing the landscaping with stalnray had very little J.npact onthe vlew. Ilerman Staufer, who ownE the restaurant, felt that the landscaping was a trade-off for stal.rrrays that work the eame as apatlo. Rod Slifer, who owns the unit on the top floor of the bulldlng tothe west of the Gore Creek Plaza building, said his concern waswith the top floor addition on the north side of the bulldJ.ng.His view has already been inpacted by a vent on the roof of theBell Tower Building, and if the addition nas approved, his vlewof the core Range would be totally blocked. He reguested thatthe current design be moved back 10 feet which would allow hLn enough view to satisfy hinr. Cral.g replied that the addition would infringe on Rod SII-ferrsviev but that it would not totally block it. Rod disagreed. Pepi Granshammer then spoke from the audience. He was concerned about the height and the nunber of variances. lle Eald that lfthe buildings keep on increasing in size, it would destroy the Torrn. Kristan explained the height linitations to hirn and pointed outto hin that the staff nas recommendlng denial of this proJect. Kathy wondered whether or not a slte coverage variance waEreguired. Tom explained that patlos and dining decks count as sLte coverage ln ccl so that the dlscrepancy was not gettinggreater. Kristan added that the staff had Looked at this veryclosely. Kathy agreed with the staff on this proposal and didnot feel tbat this rras an appropriate expansion in an approprlateplace. She said that perhaps the core creek Plaza did set a precedence, but she didnrt see why the Town rnust contlnue sith another sinilar e:<pansion. Kathy said that fron the Uay Palace the visibifity fron the 4th and 5th ftoors was apparent. She dld not feel that the roof structure was appropriate and was concerned about the design of the retail deck. Jln had no problern with the retail addition, but be did have a problen vith the upper rrskyscapefi. Connie agreed with Pepl that lf the Town kept growing it would dle. Regarding enployee housing she felt that it could be kept at 15 years. Craig Snowdon said that he was willing to replace the units priorto the issuance of a building permit sonewhere else in VaiI wLth a deed restriction. This would have to be reviesed by the staff. Connie asked Hernan how the waitresses would get to the deck. Ludwig did not feel that growth would kill Vail, but that Vaildid need checks and balances. He stated that lf there was a precedence set, one did not have to perpetuate this. LudwLg alsofelt that the Bell Tolter Building was an attractive one at present and that the addition night destroy the quality. Dalton also discussed the Gore Creek Plaza Building roofaddition. He felt that it was l.II advlsed and that now that Lt iE constructed he felt that we should not repeat this error. Dalton felt that tbe angle of the addition could be changed sothat lt woul-d not affect the view through the staimay. Diana felt that the existing nassJ.ng t as approprJ"ate, that it wasthe end of a row of buildings and a very pretty buildlng. Her concerns were that one more unit would increase vehiculartraffic, that the enrployee units nust be pernanent, and that the second floor railing blocked views. She had no problen with theretail infill, and Diana asked for clarification on site coverage. Ton replied that the site coverage was non-conformlngat present and wasnrt changing. Diana felt that when one aEksfor this nurnber of variances, the proposal could be inproved. Craig snowdon asked to table the iten. Motion for tabling was made bv Kathv Warren and seconded bv Connie Knioht. VOTE: 6-OINFAVOR. Iten No. 8: A request to arnend a Snecial DeveLopnent Districtfor the Garden of the Gods on Lot K, Block 5, VailVillaoe Fifth filinq at 365 Gore Creek Drive.Applicant: Garden of the Gods, !1rs. A.G. Hill Fanilv. Connie xnight removed herself fron the board due to a conflict of interest. Krlstan explained changes since the last review. She said the applicant had rotated the building slightly to decrease the encroachment to the east. Pan Hopkins, the architect on the proJect, said that because of the cornrron easement for the swinning pool and the recreation anenities, the building was pushed as far west as possible. She shoved this on a site Plan. Bill Hannon, a resident of the VorLaufer, vas concerned thatthere would be a decrease in hotel rooDs, he felt that hotel rooms were inportant and disagreed wlth the wording of keysversus lock-off roons. He said this iE a sinilar situatlon tothe Ramshorn when it converted fron a hotel to condonLnLuns. Ite rras also concerned about the flat roof. Greg Stutz, representing the Vorlaufer condoninium owners andUr. and !trs. Chand,ler and l.tr. and Urs. carol , said he felt that he wanted nore time to analyze the reguest or else have the roof moved 1O feet lower. He said he had not had sufficlent tlne tosit down and talk with ttre architect. Since the bulldLng is notto go up tllt 1991, he would lLke nore tine to look at it. l,ir. Chandler said he bought his Vorlaufer unit 21 years ago and has been able to watch the torchlight parades. ltr. Carol sald the same thing. Don Hare, representing the Garden of the Gods, said that he had two or three rneetings with Mr. Carol . The plan had been reworked and they had done as much as they felt they could do Ln stayingwithln the setback restrictions that exist on the building now. Dan Eaid that they would like to go ahead with the plan. Theyfeel that tbey have stayed back as far as they can. Mr. Stutz asked that lf Special Developnent District had e:rpired, how could this be an anendrnent to the sDD. Kristan replled thatthe sane process was used. He explained that he felt it should be advertised as a nen Special Development District. Chuck Crist returned at this tirne. Diana asked if lt was legal. to proceed. Larry responded he feltthat lt was legal to proceed. This was strictly advisory and would go to the Town Council. More discussion followed concerning whether this was an amendment or a new Special Development District. Kathy stated that if this was a new Special Developnent District she would change her approach to theproblem. She felt that what was being done to the property wagto the neighborsr benefit. She also felt that the setback variance could have been done within the present zoning. Ludwig felt that the developers had worked with restraint andsensltlvity in light of what could have been done. He wonderedif extra tine rnight be appropriate and that they would have a chance to look at the proposal again. He stated that he had an opportunity to look at the view fron the Vorlaufer and tlrat there was no question that the views were impeded. However, he feltthat the developers were using sensitivity in moving the building. Diana felt that the Garden of the Gods sas doing a good Job with the proposal . She stated that lf the Garden of the Gods were constructed up to their setbacks, it would be a wall toward theVorlaufer. She said according to the gruidelines the board would have no reason to say no to the proposal. She added ttrat there were no private views in Vail. She wondered l-f an sDD uas necessary for this project. Kristan replied that the staff tooked at it as a brand new project when they were told that the building would be torn down. The first guestion they asked was why have a Special Development DiEtrict. Kathy asked if a SDD nas leaving options wide open. She also wondEred why it was necessary. Larry Eslnrith replied that the Town nas getting benefits with a SDD. This way the etaff has theabillty to supervise the architectural design and that a conplete development plan had to be reviewed by the staff so that there rras nore control with the SDD. The applicant asked to table to Uarc}r 26. The rnotion for tablinq to March 26 was made bv Kathy l{arren and seconded bv Jim Shearer voTE: 5 - o - 2 with Chuck Crist and Connie Knight abstaining. Item No. 9:A work session to discuss an exterior alteration, a strearn setback variance. a site coverage variance, a conditional use for a deck enclosure and a new outdoor patio and an amendment to the view Corridor for the Red Lion Buildino. (304 Item No. 10:a work session for Special Development Distrl-ct 22, Lot 1- 19, Block 2' Lionsridcre. Filing No. 3. Applicant: Pat Dauphinais A work session - no minutes taken. Bridqe St. ) Applicant: Frankie Tang and Landnark Properties A work session - no rninutes taken. TO: FROM: DATE; RE: Planning and Environmental Comrnission Cornmunity Developroent Department February 26, 1990 A request for an amendment to Special Development oistiict 23 to all.ow for an office expansion, to the Viff fatfonal Bank Bullding at 108 South Frontagc Road I{est.Applicant: Vail National Bank Bldg. Corp' 3.be Bank Buildin aqreenent. Attached You wilI The following inforrration is in response to Planning Connission. questions foilowing the February 13 review of proposed amendnents to the vail National Bank Bldg. SDD: 1. Pronosed conditions of apnroval' The attached memorandum to Tom Braun fron Jay Peterson outlines the-pfricants suggested conditions of approval. for this application. 2. Ttre Vail Valley Mediat Center pqrBinq-structuret @l conditional use Permit to i-nirease the size of the Medical centersrs approved parking structure. Thig application-will be reviewed Ly the-Planning Commission of March 26, 1990' between the hosPital and itre uanr Liriraing peitaining to the purchase- and use parking spaces within the hospital's new Parxrng structure. 4. Parking requirenents. After consultation with Larry ssxrritttffihis opinion that the parking i"g,.ir";o"nis iu,posed- on the bank building urust be based on the piiri"s itandards outlines in the zoning 99de' The sDD'triteiia pertaining to parking specifically referencei-tnl pa'rXing staidardi. This inplies that the standards eitabli;h the maximum parking to be required with a develoProent' STAFF RECOMMENDATION The staff's position regarding this ploposal has- remained "'ri"n."S"d.- frnif"-in coicept, -ttr9 stitf- agtrees that^parking in ine noipital structure can piovide a workabLe sol'ution to neet iii; ;;#;s-tar*in9 dernand. However, it is inappropriate to "iiinoii". "'aaitioial developnent approvals to adjacent.property o*".r" without the hospital-rs park-ing structure being in place. o Orro, Pnrnnsor.r & Posr ATTORNEYS AT L/\.lv POST O FF ICE BOX 3149 vArL, GoroE-eDo €1664- 3149 VAI! NATIONAL IIAXK SUILDINO (3O3).7C'OO92 FAX LIN E (303) '79-o'c7 FREDERICX S, OIIO JAY IT. PEIE R 30N wtLLrAl'l J. POs'l VTENDELL I. POFIiCRFIELOT JR. MEMORANDT'M TO: TOI{ BRAUN FROM: JAY K. PETERSON DATE: rEBRUARY 22, 1990 RE: VAIL NATIONAL BANK BUILDING Approval to be subject to the folJ-owing conditions: 1. That Vail VaIIey Medical Center (WMC) subrnit an.application.for rnoOification to'its Conditional Use Permit allowing an additional two half levels of Parking. 2. That \ tMC subnit plans showing such two half levels of parking. 3. That Vail National Bank Building exercise its optlon to purchase oi .t=" in perpetuity the nurnber. of spaces fron wt{c necessary to conform to- zoning for its addition' 4. That VVIIC receive all approvals from the Town of VaiI necessary io receive a building pLrmit to construct such additional levels oi parXing and that ffilC apply for and receive such building permit. 5. That vail National Bank Building shall not 99cupy the expanded premises unless VWIC has cornmenied construction and has continued Lonstruction on its parking structure' 6. That vail National Bank Building agrees t9 move out of the -xpanded prernises if they cannot occupy the parking spaces at WltC on or before December 1, 1990' 7. That vail National Bank Building provigg " letter fronr Hollday Inn or . r"iiiuie substitute allowing the use of four parking-!.""r from the date of occupancy of the expanded premises to Decenber 1, 1990. 8. That the above conditions be satisfied pTlgT to the issuance of a fnifaitte permit to Vail National Bank Building' I. TO: Planning and Environrnental Conmission FROM: Department of Community Development DATE: February L2, L99O RE: A Request for an Amendment to SDD #23 (The VaiI National Bank Euilding). Applicant: VaiL National Bank Corporation DESCRTPTION OF PROPOSED REOI'EST This property was rezoned to a Special Developrnent Districtin May of 1989. This rezoning permitted an addition to the existing building of approxinately 1r800 square feet, which has been conpleted. In September of 1989, a minor amendroentto the SDD was approved to a1low for an addition of 2t3 square feet to the third fLoor. This space is to be created by converting an existing connon corridor into office space. To date, this construction has not been done. The application before the Planning Cornruission involves two elements: 1. An amend.ment to the approved developrnent plan to allow for the enclosure of two decks on tbe thirdfloor of the structure. This will add L,276 squarefeet of office space to the building, resulting in a total amount of 231205 square feet. 2. An anendment to the parking standards of SDD #23in order to provde parking for this addition within the parking structure at the VaiI Va11ey MedicaLCenter. ff approved, this office expansion would be conpleted sorne four to six rnonths prior to the cornpletion of the Hospital's parking structure. During this period, the applicant has proposed an interim solution of leasing spaces fron the Holiday Inn.The :mount of recruired for the roposed addition See a e VVMC.letters fron the Ho day Inn and II.REVTEW CRITERTA FOR THIS PROPOSAL This proposal constitutes a major amendrnent to the existing SDD. In this case, the Planning Comnissionrs action is advisory, and final decisions are made by the Town Council. The criteria to be used in evaluating this proposal are the nine design criteria of the SDD section of the zoning code. These design criteria address a variety of issues, including design cornpatibility, uses, parking, cornpliance with the rrr. Vail Conprehensive Plan, site planningT, etc. As with all sDDrs, the specific developnent standards on this property are establ-ished by the approved developnent plan and the ordinance approved by the Council. It is the burden of theapplicant to dernonstrate that their proposed developrnentplan complies with each of the nine design criteria, or denonstrate that they are not applicabler or that apractical solution consistent with the public interest has been achieved. STAFF RESPONSE TO PROPOSED DEVELOPMENT This project nust be reviewed as a who1e, however, it is worthwhile to consider the two major elenents separately. The proposed addition of I,276 square feet of office space is consistent with each of the relevant design criteria. The design is corupatible with the existing structure, the scale and bulk of the building is not appreciably increased, uses are consistent with existing uses, and site planning and landscaping are unchanged. This addition constitutes a very minor change to the existing developrnent on the lot. However, the parking solution proposed is not acceptable to the staff. our difficulty with this proposal is based on Design Criteria C., which states: 18.4O.080 C. Compliance with parking and loading reguirernent as outlined in Chapter L8.52. This criteria references the parking section of the zoning code as a basis for evaluatingr development proposals. The parking section of the code states that all required parking should be located on-site. The Town Council can grant exceptions and al1ow off site parking if certain criteria are met. In addition, it should be understood that the design criteri-a can be waived if rra practical soLution consistent with the public interest has been achievedrr. There is a specific process outlined in the code for leasing parking spaces. This proposal is inconsistent with thisprocess. However, because this property is an SDD, the proponent can establish its own standards for parking. This neans that the applicant is within its rights to request approval of the parking solution as proposed. The staff is conceptually anenable to the bank locating five spaces within the Medical center's parking structure. This appears to be a workable situation considering the proxiroity of these two sites and the relatively smalL number of parking spaces involved. However, as ProPosed, the parking solution is not a practical one, and it is not consistent with the intent of the parking regulations. The followingt reasons outline the staffrs prinary concern with tttis nroposal: 1.At the present tine, the parking structure approvedfor the Medical Center is designed to meet the needs of the Center and the Doubletree Hotel . Thestructure is not designed with excess capacity. Approval would have to be obtained from the Townto nrodify the development plan add more parking tothis site. This approval has not been obtained. The parking is not in place at this time. Thestaff has serious concerns about approving thisproposal dependent upon parking that is not inexistence today. The developrnent of the parking structure is totally dependent upon the performance of an adjacentproperty owner. The Bank has no control over theconpletion of these spaces. It is irresponsibleto grant a development approval to one property owner, who tben roust rely on the perfomance of an adjacent property osrner in order to satisfy theirparking cornrnitments. It has not been established that the Holiday Innhas an excess nurnber of spaces to lease to theBank. With the developnent of the structure outof the Bankrs control , the Holiday Inn solution must be considered a permanent one in the eventthe cornpletion of the Medical Center parking structure is delayed. while it nay be unlikelythat problems will develop with cornpleting thestructure, it is not the Townrs responsibility to speculate, or accept the risk that everything willgo srnoothly. The worst case situation is such that the Bank mustrely on alternative locations for the parking, andthe obvious questj.on becomes whether the HolidayInn has the ability to provide this parking. No docurnentation of the utilization of the HolidayInnrs lot has been submitted as a part of this appl.ication. The approval of this proposal could serve toestablish a dangerous precedent for future developnent proposals. Siurply stated, theapplicant is asking for approval of a developnentthat is dependent upon the perfornance of an adjacent owner in order to satisfy the parking requirements. Fron the standpoint of the Town andthe comnunity at large, there is little or nothingto gain by granting this approval now. While an approval for the applicant will a1low them a nore convenient construction schedule, the Town will be accepting the risk that the parking structure at the Medical Center nay or may not be cornpleted in a tirnely nanner. 2. 3. 4. 5. IV.STAFF RECOMMENDATION The Staff cannot support this application at this tirne.In concept, it appears reasonable for five of the Banktsparking spaces to be provided in the Centerrs structure. However, it is fundamentally bad planning to approve thisapplication without the parking in place. The appropriatetine to review this proposal is after the Medical Centerrsparking structure has been completed. The staff position on this application raises the question of how this proposal differs from approvals received by theHospital over this past year. As the Planning Connission rnay recall, the Hospital received approval to construct anaddition to its building prior to the construction of theparking structure. There are a number of differences that distingruish thisproposal from ttre hospital project. First and foremost, theconstruction of the Hospital parking is under the controLof the Hospital . We are dealing with one project and oneowner. With this proposal , the Bank has no authority orcontrol over the cornpletion of the parking. Secondly, torequire simultaneous construction of the parking structure and the hospital addition would have caused severe irnpacts on the Doubletree Hotel during the winter season. Thirdly,the development of both facilities would have compounded difficulties of staging construction and elirninated even more available on-site parking during the constructionperiod. Finally, the Hospital has completed the relocationof utilities to allow for the construction of the structurethis spring. while this point could be used to argue that the Hospital is totally comrnitted to the cornpletion of thestructure, it nust be reiterated that the Hospital is theparty responsible for this project. The Bank has no control over the conpletion of the parking. once construction of the parking structure begins, the riskto the Town that the project will not be completed nay infact be quite low. Nonetheless, the staff can see no reason why the Town should accept any risk to accornmodate this development plan. There is nothing to gain by approving this project now and hoping that everything works out. In addition, this entire proposal assunes the Hospitalrs proposal to enlarge the approved design is acceptable. TheStaff and Planning Commission are not in a position to nake this assurnption at this tirne. The Colorado Division of Highways will also have to approve changes to existing designs. The opportunity to provide parking off-site is not a right, but rather should be seen as a privilege. Until the parking is in place, it is irresponsible to consider approval of this reguest. f\n n 1 _-l^h,I^A +- z lzQ To: Planning and Environnental Conmission FROM: Department of Conrnunity Developrnent DATE: FebruarY 12' 1990 RE: A Request for an Amendment to SDD #23 (The Vail National Bank Building). Applicant: Vail National Bank Coryoration I. DESCRIPTION OF PROPOSED REOUEST This property was rezoned to a special D_eveloplngn! District in Ma-y oi fg6S. This rezoning pbrnitted an addition to the existing building of approximlt-efy 1,800 square feet, which has been conpletdd. In September of 1989, a minor amendrnent to the sDD'was approved -to allow for an addition of 2l-3 square feet to tneinira floor. This.space is to be created by- converting an existing conmon corridor into office space. T6 date, this construction tras not been done' The application before the Planning Comrnission involves two elements: II. 1. An amendrnent to the approved development plan to allow for the enclosuie of two decks-Jre third : : :i'"?' *?? ;' A:'"Yi ; .1'T i,I''''.'# silff'ru" I ; a total anount of 23,205 sguare feet' 2. An amendment to the parking standards of SDD #23 in order to provde par:king fbr this addition within lne parring- structlre aC the vail valley Medical Center. If apProved, this office expansion. would be cornpleted i-orne four to six' months prior to the cornpleiion of the Hospitalrs parking structure' ouiing this period, the.applicant has proposed an interirn soluiion of leasing spaces frorn the Holiday Inn. The amount of req\ired parking fo.r the proposed addition i{6y,P=paces' See attached ietiers from the notitily fnn and the Wlttc' This proposal constitutes a rnajor amendment to the existing ioo. ' ri tnis .J"", the plarining corilnission,s action is ua"i"ow, ana finat 'decisions are nade by the Town-council' ite crit6ria to be used in evaluating this proposal are the nine-aes:.gn criteria of the sDD section of the zoning cg+e' il;;" e;;ifn criteria address a variety of issues, incfuding a;;fd-"t"ipatibility' uses, parking, compliance with the III. vail comprehensive PIan, site planning, etc- , As with all SDDrs, the specific developnent standards on this property are established by the approved developnent plan and the ordinance approved by the Council . It is the burden of the applicant to demonstrate that their proposed developnent piin conpties with each of the nine design criteria, or dernonstrite that they are not applicable' or that apractical solution consistent with the public interest has been achieved. STAFF RESPONSE TO PROPOSED DEVEIPPI'TENT This proJect must be reviewed as a whole, however, it is rrorthr,rhile to consider the two major elements separately. The proposed addition of L,276 sguare feet of office space is ctnsfstent with each of the relevant design criteria. The design is compatible witb the existlng- structure, the scale and bulk of the building is not appreciably lncreased, uses are consistent with existing uses, and site planning and landscaping are unchanged. This addition constitutes a very minor change to the existing development on the lot. However, the parking solution Proposed is not acceptable to the staff. Our difficulty with this proposal is based on Design Criteria C., which states: 18.40.080 c.Conrptiance with parking and loading requirernent as outlined in Chapter 18.52. This criteria references the parking section of the zoning code as a basis for evaluating development proposals. The parking section of the code states that all reguired parking-shoul-d- be located on-site. The Town Council can grant exceptions and allow off site parking if ceftai-n criteria are net. In addition, it should be understood that the design criteria can be waived if rta practical. solution consistent with the public interest has been acbievedrr. There is a specific process outlined in the code for. Ieasing parking spa-es. This proposal- is inconsLstent with this iroces!. Holdever, because ttris property ^is an -sDD' the iroponent can establish its own standards for park-ing. irtii means that the applicant is within its rights to reguest approval of the parking solution as proposed. The stiff is -Conceptually arnenable to the bank locatinq five spaces within the Medlcal Centerrs parki-ng.structure. This aipears to be a workable situation considering the proximity oi- these two Eites and the relatively snall number of parking spaces involved. However, as proPosed, the parking Solution 1s not a practical one, and it is not consistent with tlre intent of the parking regulations. The following reasons outline the staffrs prinary concern with this proposal: 1. 2. a At the present time, the parking structure approved for the tledical center is designed to neet the needs of the Center and the Doubletree Hotel . The Etructure is not designed ltith excess capaciW. to-rnodify the devefopment plan add more parking-to this sitL. This approval has not been obtained. is not in place at thiS time. The conAEns about aPProving this upon parking that is not inproposal dependent existence today. 3.The development of the sent upon the rformance of conrpletion of these spaces. It to grant a development aPProval olrner, who then must reIY on the adjacent property ohrner in order parking comrnitments. conisto s ta11anaover the irresponsible one property performance of an to satisfy their 4. It has not been establi,shed that the Holiday I has an excess nu ructure out 6Ftne Bankrs control , tfre Holiday Inn solution 5. @tre Medicar center P?rkingstructurl is delayed. while it may be unlikely that problerns wif f develop with compl.eti-ng tl' structlure, it is not the Townrs resPonsibility.to speculate, or accept the risk that everything wilI applicint is isking for approval of a developnent tfrlt is dependenL uPon the performance of an adjacent owiter in order to sa.tisfy^ .ttre -parking go smoothly. The worst case situation is such that the Bank must rely on alternative locations for the parking-'.?td the obvious guestion becomes wbether the Holiday Inn has the JbiLity to provide this parking. . No documentation of ttre utifization of the Holiday Innrs lot has been submitted as a part of this appl ication. The approval of this proposal could serve to establ-ilh a dangerous preceden'!--- :!gr future development pioPosals. rnust be considered one in the event refuirenents. From the standpoint. of the Town- and the conmuni.ty at large, there lit !hinS to qain ant aDprov . While an approv or €he applicant w allow then a rnore convenient construction schedule t the Town will be ncr st-ructure at the Medical Center mav or mav no acceptinq th a Elmery manner. There are a nunber of differences distinguish this proposal tronThe E6$ital project.forenost, the Lonitruction of the Hospital parking@ /O-a\..1^0,^^ r^\l .or tne H=o,??itlr.. we ale__gealine J_i_ll ,-":: 3:"j:::^:19.."::8ffiil---wErr-this proposal, the Bank has no authority IV. STAFF RECO!.TMENDATION The Staff cannot support this application at this tirne. In concept, it appears reasonable for five of the Bankrs parking -paces to be provided in the centerrs structure. However, it is fundamentally bad planning to approve this application without the parking in place. The appropriate tiine to review this proposal is after the Medical Centerts parking structure has been completed- The staff position on this application raises the guestion of how thii proposal differs fron approvals received fy ltteHospital over €nis past year. As the Planning Corunission may recall, the ttospital received approval to construct an adlition to its building prior to the construction of the parking structure. ;ffier.-witn this proposar, the Bank has no authority or control over the conpletion of _the Parkitg. Cg39.Dr to 'a.rrri ra eirrrrrltenaolrs construction of the park stEucture rk_ing during the constructionital has comPleted the relocation-or utififfgE-6-allow for the construction of the structure J"9-JB d{$\' +'|'{".nd th" hospital addition would have caused gevere imp?ctsrequire simultaneous construction of the parklng structure ile aeve f oFm6ffiE--Eottr f ac i I it i es woul- d have compotrncf€d r\,^0\1*k,1 difficulties of -staqing conFFruction. and. -elirninated gven EOlrg -of utifft*eG-6-allow for the construction of the structure ft,rk F^\ \* 0^" - --[f 4^^-t\ er^\ (. TFffiil While this point could be used to argue that the Holpitit is totally conrnitted to the completion of the structu-re, it rnust be reiterated that the Hospital is the party responsible for this project. The Bank has no control-over-the cornpletion of the parking. once construction of the parking structure beqins, the risk to the Town that the project will not be cornpleted may in fact be quite low. Nonetheless, the staff can see no reason why the Town should accePt any-risk to acconmodate this deielopment Plan. There is nothing to -gain by approving this project now and hoping that- everything works out. In additionl this entire proposal assunes the Hospital-rs proposaL to enlarge the approved design is acceptable. The-stait and Planning Cornrnission are not in a position to make this assumption at this tine. The Colorado Division of Highways wltf also have to approve changes to existing designs. The opportunity to provide parking.off-site is not a right' nut riitrer shoula be seen as a privilege. Until the parking is in place, it is irresponsible to consider approval of this reguest. O*nuur, 16, t99o I,This wil l A. procedure is required not be accepted until NAME OF APPLICANT Appl i cati on Date PIC I'IItTING DATE APPLICATION FOR A VARIANCE for any project requesting a variance.all inforntation is subrnitted. VNB Building Corp. The appl ication 3033 East 1st Ave.ADDRISS Denver, CO 80206 388-4331 PHONE B.NAME OF ADDRESS APPLICI . I' S REPRESTNTATIVE Sidney Schultz 141 East }leadow Drive Vail , C0 81657 476-7890 PHONE c.NAI4E Siqna ADDRESS VNB Building Corp. 3033 t lst Ave Denver, C0 80206 PHoNE 388-4331 D.LOCATION OF PIiOPOSAL ADDRESS 108 S. Frontage Rd. LEGAL DESCRITTION LOT BLOCK FILING VNB Parcel E. FEE $100 PAI D cK#FROM THE FEE I'IUSI I]t PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT l,lILL ACCEPT YOUR PROPOSAL. F. A list of the names of owners of all property adjacent to the subject property INCLUDING PR0PERTY BEHiND AND ACROSS STREETS, and their mailing addresies. TI]E APPLICANT |,JILL BE RISPONSIBLE FOR CORRECT MAILING ADDRESSES. II. A PRE-APPLICATION CONTERENCE I^IITH A PLANNING SIAFF MEMBTR IS STI?ONGLY SUGGESTED TO ]DETERMINE IF ANY ADDITIONAI. INFORMATION IS NEIDED. NO APPLICATIOI,I I,IILL BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALI. ITIMS RTQUIRED BY TliE ZONING ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MKE AN APPOINTMENT I.IITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUI]I4iTTAL REQUIREMENTS. PLEASE NOTE THAT A COMPLETE APPLICATION r.llLL STRIAI,ILINE THE APPROVAL PROCESS FOR YOUR PROJECT gV OECREASING_THE NUMBER OF cONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED. i III. FOUR (4) COPIES 0F THE FOLLOWING MUST BE SUBI4ITTED: A. A WRITTEN STATEMENT 0F TlrE PRECTSE NnrUnr 0F THE VARTANCE REQUESTED AND THE REGULATION INVOLVID. TIIE STATEMENT MUST ALSO ADDRESS: l. The rcl,rtionship of the requestecl variance to'other existing or potentja'l uses arrd structures in the vicinity. 2. The degrer: to which relief frl6 11lu strict or literal interpretntion and enforc':t;,ettL of a specified regulat.ion is necessary to achjeve colnpatibilitf and un j l'orrnity of treatulent anrong sit.es in the vicinjty or to attain l,he objectives of this til"le without grant of s1re6i3l privilege. OYTR Vari ance O-r- 3. The effect of the variance on light and air' distribution of_population' iriniportrtion, traffic facilities, utilities' and public safety. B. A topographic and/or iurprovement survey at a sca'le of at least lrr - 20r stamped by a'Colorado licensed surveyor including_locations of all.existing.improve- m"ents, jnclrrding grades and elevations. 0ther elements which must be sirown are pirking anrl loading areas,'ingress attd egress''landscpped areas and uti'l ity and drainage features. C. A site p't an at a scale of at least l" = 20' showing existing and proposed bui I di ngs. D. A'll preliminary building elevations anl,floor plans_sufficient to indicate tr'. li*eniion5-, general-appearancg, scale and use of al'l bui'ldings and spaces existing and ProPosed on the site. E. A preliminary tjt]e report to verify ownership and easements F. If the proposal is located in a multi-family development which has a homeowners' association, then written approval from Lhe association in support of the projebt must be received by a duly authorized agent for sald association. G. Any additional materjal necessary for the revietr of the app'lication as determined by the zoning administrator.. * For inte'rior modifications' an improvement survdy and slte plan may be waived by the zoning admlnistrator. IV.Time Requirments The Plannjng and Environmental Cormission meets of each renln. A complete appf ication form and (as described above) must be submitted a minimum ifC puUlic hearing. No incomplete applications administrator) will be acceliLed by the planning nated submittal date. on the 2nd and 4th ilondaysall accompanying material of 4 weeks prior to the date of (as determined by the zoning staff before or after the desig- tltr , PI,ANNING AND ENVIRONMENTAL COMMISSION February L2, L99O Minutes Present Staff chuck Crist Kristan Pritz Diana Donovan Mike Mol-lica Connie Knight Shelly Mello Ludwig Kurz Tom Braun Jim Shearer Betsy Rosolack Kathy warren Da1ton WiIIiarns The Planning and Environmental conmission neeting began at approxirnately 3:oo p.m. following Site Visits which started at l-2:oo p.n. The neeting nas called to order by the vice- chairperson, Diana Donovan. Iten No. 1-: Apnointment of PEC chairperson and vice-chairperson. Kathy Warren rnoved to appoint Diana Donovan as chairperson. Chuck Crist seconded the notion. VOTE; 5-OINFAVOR. Jim Shearer moved to appoint Chuck Crist as vice- chairperson. VOTE: 6-OINFAVOR. Item no. 2: A request for an anendnent to SpecLal DevelonmentDistrict 23 and a parkinq variance to allow for an office expansion. to the Vaif National Bank Building. LO8 S. Frontage Road a resubdivision of Jim Shearer excused hinself from this iten due to conflict of interest. Tom Braun reminded the Board that this ltas a recomnendation to the Town Council. He explained the proposal by stating that there were two parts to it. one was an amendment to the approved plan to allow for the enclosure of two decks on the third floor of the structure and the second part was a reguest for an amendment to the parking standards to allow parking for the addition within the parking structure at the vail Valley Medical Center. Tom reviewed the criteria for major amendments to SDDrs and then listed several concerns of the staff. He stated that the staff reconnended denial of the request. Jay Peterson, representing the applicant, explained the origlnat reguests from the hospital and from the Doubletree regardingparking and the proposed hospital parking structure. Jay pointed out that ttre Doubletree had arnended their SDD even though theparking structure was not started and no condition nas placed on the Doubletree at that tine. Jay stated that the hospital has agreed to add tuvto L/2 levels, 35 inmediately for parking and 35at the present would be used for other tbings to naxinize thespace. He said that the past two approvals were not conditional upon the parking agreement. He suggested to the Planning Connlssj.on that they could approvethe request wittr conditions concerning the start of constructionof the Hospital parking structure. tay said the Vail National Bank wanted to start construction May first. They would be donein July or August. The conditions could state that the parking structure must be started by August 1 so the Planning Comnission would know whether or not there would indeed be parking available. Jay explained that they do have a tenPorary tining problen prior to the cornpletion of the parking structure. He explained that if one assumed the Hospital did not buil-d their parking structure the lown could revoke the temporary C.O. and he would sign aletter regarding that. Torn pointed out that the approved parking structure does not have excess parking spaces but only meets the demand of the Doubl.etree and the hospital . The proposed additional parking spaces have not yet been approved. Kristan Pritz added that at best, there night be one excess parking spot. She also added that, although the town issupportive of adding the two 1rl2 levels, the Highway Department would need to be contacted for approval of the additional parking spaces because they would contribute to additional traffic. She continued to explain that the issue is adjacent property owners wanting additional deveJ-opnent without the parking in place. Connie xnight stated that she felt the present Vail Natlonal Bank parking was atrocious and would reconnend denial . Kathy Warren stated that until sonething concrete was in place with ttre hospital parking structure, she felt that the Bank should provide some tenporary parking. A1so, that the existing parking should be addressed because, at present, it is already a problen. Jay stated that the Bank did neet parking requirenents non. Chuck asked if the Bank wanted to purchase additional parking spaces that were going to be constructed but were not yet approved. When he was told that was correct, he wondered what would happen if the structure was not constructed. Jay statedthat the vaj.l National Bank would trave to exerclse their optionfor the additlonal spaces that they were renting before receiving a building pernit. Chuck felt that with that restriction, he would vote for the request. Dalton stated that he had wanted to lease a space in the Vail National Bank for his business but he could not get parking alongwith it. He asked if they could request a parking study to see exactly what the needs really were at the Vail National BankBuilding. Dalton wondered if they were too prernature in tryingto vote on the project. Perhaps the hospital could corne in with the proposal for the additional parkJ.ng first. Kristan felt that they were premature but that it was an issuefor the Planning Cornmission to decide. Ludwig added to Daltonrs renarks. He felt that he wouLd have to say no to the proposal at the moment. Ludwig asked what the tine table was for construction. Jay said that it would be okay to table the issue for 2 weeks. He added that he felt it was unfair of the Planning Commission to make the Bank provide rnore parking than is really reguired. Diana asked that if there were more spaces needed than wereoriginally reguired, if it were possible to still reguire nore' Kristan said she would discuss it with Larry. Tom explained that Larryts feeling is that if they are complying with the code, he was reluctant to say whether or not they could ask for more parking. Kristan remarked that if the bank was planninq to lease parking spaces on a permanent basis it nay alleviate concerns for the future. Diana had the same concerns as the other planners and said that the Planning Cornrnission could deny the request, table it or they could approve it with conditions. Jay stated ttrat with conditions the Town would have absolute protection that the spaces will exist by the end of the fall and1t would be easily enforced. Ton stated that this was not easily enforced. Jay pointed out that the conditions would work, that the Vail nalionat Bank would not be able to take out a building perrnit until the construction of the parking structure began and they could get a TCo lthen the parking structure was substantially completed. Kristan stated that the board needed to realize the wishes of, and the number of entities involved. She was concerned about getting a Tco before conpletion of the parking structure. She iaaea that the Bank is not under constraints that were imposed on the Hospital . Unusual circunstances Itere put on the Hospital because of the staging and she wanted the board to keep in urind that the action on the bank proposal was a real Precedent and needed to be looked at very carefully. Jay said he felt that the vail National Bank was in the sarne position as the hospital . Dalton asked if there rtas a contract between the Bank and the Hospital. Kristan answered that it was not officially approved yet. Diana suggested tabling for two weeks and Jay agreed. Tom asked Jay to put the conditions that he had suggested in writing. The notion was made bv Dalton Willians and seconded bv,Chuck crist to table the rnatter for two weeks with the gonCition that iiv would draft and submit conditions to Kristan within one week. VOTE:5 - 0 - 1 (wl-th Jln Shearer abstaining) ften No. 3: A recruest for an exterigr alteration to thevailqlo Lodge on a portion of Lot 1. Block 2, Vail Lionshead Third Filinq.Applicant: Craio Holzfaster Tom Braun described the request as a nodest one. That the Vailglo wanted to add two entries plus a porte cochere. They also want to put up a gate and do additional Landscaping on the west side. rour reviewed criteria and said that it would be as outlined in CCII zone distrlct and the Vail Lionshead Urban Design Guide Plan in addition to standard zoning considerations such as set backs, site coveraqter parking etc. However, since the Lionshead Plan focuses prinarily on the pedestrianized nalf area of Lionshead and the Vailglo Lodge is located outside the nain pedestrianized area of Lionshead, most of the review criteiia were not directly relevant to the vai191o proposal . There were no sub areas directly affecting the property. As far as cornpliance with the Urban Design Considerations for Lionshead, the relevant issues were massing, roofs, facade-walls, structure and accent elenents. The proPosal seened to be in compliance with these elements. Ton pointed out that the proposal is also consistent with zoning considerations in the ccII zone district. The staff reconnendation was for approval . However, in evaluating this site the staff felt that landscaping improvements are needed on the bern on the Frontage Road. Landscaping in that area would screen the parking lot and in conjunction with irnprovernents that would be made to L'Ostello, it would greatJ-y inprove the streetscape in this area. The staff recornmended approvat srith the condition that the proposed landscape plan be revised to include inprovements to the berm between the parking lot and the south Frontage Road. This revision is to be nade prior to the Design Review Board Review of the proposal . Kirk Aker, Architect on the project, stated that landscaping on the back berm provided very littLe advantage for users of Vai191o. Jirn Shearer stated that he would like to see the entire Frontage Road landscaped. He also added that he wanted to see the dumpster on the Southwest corner incorporated in the landscaping p1an. Kirk said he would like to discuss these landscape issues with his client. Kathy felt that an enclosure or screen for the dunpster should bepart of ttre conditions to the Design Review Board. Chuck Crist agreed with the need for landscaping on the Frontage Road and the screening on the dumpster. He said that he was unhappy about the fact that the tops of the pine trees were sawed off to allow the sign on the waII of the VailgLo to be viewed. Dalton felt that the benn needs to be high and there needs to be better landscaping, because on the Interstate one can see the parked cars. Diana stated that with all the signs on the vailglo the bern can be built up a bit. Connie mentioned that the proposal did look nice to her. The motion was rnade bv Kathy Warren and seconded bv Chuck Crist to table the item. VOTE:7-OINFAVOR Iten No. 43 A recruest for a ninor subdivision and zone changefor Lots 4 & 5, Block 2. Bighorn First Addition.Annlicant: Sable/Luplne Partners. Ltd. Mike Mollica explained the proposal. He rerninded the board that they had had a work session on this iten two weeks prior. He explained that tbere were two parts to the request; a zone change and a minor subdivision. The request for the minor subdivision would create four singlefanily lots from two duplex lots and the zone change was forsingle fanily zoning. Mike reviewed existing zoning and the criteria to evaluate a zone change. One item was the suitabiLity of the proposed rezoning. The staff felt that the proposed rezoning would be consistent with the Townrs objectives and would not increase overall density. Mike strowed a map which indicated large areas of snow and debrisflow, red hazard and blue hazard avalanche zones within the boundaries of the two lots. He explained tbat the applicant was proposing to nitigate the hazards either by constructing large berms or direct nitigation which is structuraL strengthening of the buildings. He said the applicant wanted to keep open the options of which type of nitigation to use, and would prefer to have the individual lot oltners decide the nethod for thenselves. Mike continued to explain that the staff felt very strongly that the proposed berning nethod of nitigation was unacceptable. It was felt that vehicular access into the woods to construct the berm would create additional scaring. Another concern of thestaff was the four driveway cuts Proposed and the staff recomrnended a maximurn of two driveway cuts. The second criteria was whether or not the amendment presented a convenient, workable relationship within land uses consistent with the rnunicipal objectives. Mike stated that the staff feltthat single farnily residential zoning was consistent with adjacent land uses and was compatible with the neighborhood. The staff was in favor of the proposed staggered setbacks along Lupine Drive. However, one concern of the staff was the applicantsr reguest for GRFA. The existing allowable GRFA isL,zg1 square feet. The applicant is asking for 14,390 square feet. The staff rtas not in favor of that increase. The third criteria was wbether the rezoning provides for the growth of an orderly, viabte coronunity. The staff believed thatthe rezoning would provide for the growth of an orderly and viabLe cornnunity. o The staff recommendation was for approval of both the requests with the following conditions of approval: 1. That the Tow.n councit approve the zone change request before the Planning Cornrnission chairperson signs the p1at. That the plat inctude a restriction whichprohibits the use of berning as a nethod of hazard roitigation. That the plat include a restriction which linits the total allowable GRFA to L3 '295 sqluare feet. 4. That the plat include a restriction liniting the nunber of drivenay cuts to a maximum of two. Michael Perkins, archltect for the project, stated that the applicant would prefer to be allowed some flexibility in tlre sotutions for rnitigation of the hazards. He passed out a draft restrictive covenant proposed to be used for hazard nitigation. It stated that the use of berms as the sole or prirnary method of rnitigation of natural hazards be prohibited and that the use of bermi, retaining walls or other uritigation devices less than 6 feet in height rnay be used in conjunction with direct rnltigation of the structure. He continued to explain that the reason they were asking for extra GRFA is that it would cost more to do direct rnitigation. This, according to Perkins, would off-set their cost. Marty Abel, property orrrner, said that his engineer confirned that each dwelling unit would cost about 24 thousand doLlars to do the direct rnitigation and that that was how they arrived at the additional sguare footage for each unit--270 more square feet per unit. In regard to driveway cuts Michael Perkins felt that with four cuts it would be 50t less traffic as opposed to two cuts and he felt that if they were neeting the single fanily restrictions they should have single farnily allowance of one driveway per unit, He said sharing a driveway is part of what makes a duplex not as pleasant as a single fanily house. Marty AbeI said he would agree to covenants that restrict I arge berni. However, he felt the best way for nitigation Itas site specific, not necessarily direct rnitigation. He felt the wording on ttre restriction should satisfy each requirement for construction and felt that excluding all berming stas unfair. He felt that the covenants could say that berning would not be used as the prirnary nitigation method. 2. 3. Kathy asked hin that if he did not want to go along with any of the ;taff recornroended conditions. l'larty that they would go along with iterns #2 and #3 but not *4. Kathy ltas not very comfortable with the statenent that said that they could only do a certain type of nitigation and asked lt(ristan if it would be. appropriate eoi tne applicant to come back to the Planning Connission if berrning is-proposed. Kristan answered that the condition was related to the subdivision request and therefore must be deaLt with now. Kathy felt that the correct way to do this was to corne back with a design and discuss rnitigation. Marty felt that the prlnary method should be direct mitigati-on but felt it nas unfair to restrict berns cornpletely. Kathy was not comfortable aLLowing additional GRFA. Regarding the drive cuts, she had no problen having four driveritays. Dalton felt that the applicant could be perrnitted additional GRFA since it would be allowed under single fanrily zoning, which is what they were requesting. Da1ton also preferred the sentence that altowed retainlng walls or berms less than 6 feet in height to be used in conjunction with direct nitigation. Connie asked if wlth hazard rnitigation I as a concern of the Planning Conmission. Kristan answered that the Planning Conmission needed to consider any concerns that were part of a proposal . Connie was in favor of two driveway cuts, did not ilant an increase in GRFA and felt that the nitigation should probably be in the structure itself. She also felt that there Lhou1d be some warning of the hazard on the plat. Jirn had no probleur with four driveway cuts. He spoke of the reconfiguralion of the lot lines and felt that this type of thing should be discouraged. He wanted the GRFA to stay the same as that which was originally on the lots. With regard to rnitigation, he felt that if they need both types of nitigation then both types of nitigation should be permitted. Diana stated that developers' financial concerns cannot be a consideration of the Planning Connission. she felt that four driveways were better than two and that the GRFA should stay the same. She stated that the Planning Comnission has not previously given additionat GRFA when changing.zoning. She suggested fossibly adding a conditlon that said trees over six inch caliper cannot be removed. She ltanted the setbacks shown on the plat and covenants for aII four lots. Chuck asked if the total square footage restriction would be placed on all the lots. Mike answered that this would be part of with the covenants. A motion was made bv Kathv Warren and seconded bv Dalton Williams to reconrnend approvaL of a minor subdivision to the Town Councit based on the staff rneno with the following conditions: L. That the Tor^/n council approve the zone change reguest before the PEC chairperson signs the plat. 2. The the following restrictive covenant be placed on the subdivision: rrThe primary rnitigtation of natural hazards on tlre property shall be through directnitigation of the structure, and the use of berms as the sole or prirnary nethod of tuitigation shall beprohibited. Berns, retaining walls or other nitigation devices less than sl-x feet in height may be used in conjunction with such direct nitigation.rl 3. That the following restrictive covenant be placed on the subdivision: rrThe total allowable GRFA for the subdivision shall be as follows; Lot I = 3'300 square feet, Lot 2 = 31300 square feet, Lot 3 = 3'300 squarefeet and Lot 4 = 3,395 square feet. The total GRFA shall be 13,295 sguare feet.rl 4. The front, staggered setbacks shall be indicated on the Plat.Lot 1 = 4O foot front setbackLot 2 = 20 foot front setbackLot 3 = 30 foot front setbackLot 4 = 50 foot front setback VOTE:5 - 2 with Connie and Chuck votinq aqainst A notion was If,ade bv Kathv Warren and seconded bv Ludwiq Kurz to 12. t990. VOTE: 7-OINFAVOR Itern No. 5: A request to amend a special Develonment District for the Garden of the Gods on Lot K. Block 5, Vail Familv Connie removed herself from tbe discussion of the Garden of the Gods stating a conflict of interest. village Fifth Filincr at 365 Gore creek Drive. Applicant: Garden of the Gods, Mrs. A.G. HilI Kristan Prttz presented the proposal to the Board. She started out by saying that the applicant had decided to have only a worksession. Mr. Don Hare, representing l{rs. HiIl' discussed the proposal . He concurred with the staff and reasons for the proposal.. He said the owner will tear down the building and build a new one. Regarding the concerns of the Vorlaufer residence, he said he met wiin tnern and considered rotation of the building but will still need to amend the SDD. Art Carol , a resident of the Vorlaufer, asked when this would be proposed to come back. Kristan answered that this would be on tne- Zsttr of February, but that she felt it would be helpful to hear his concerns today. The nain concern is the effect on the view of the nountain and he questioned whether there vJas sone way that this could be lessened. There followed a long discussion of views, amount of encroachnent and View Corridors. Iten No. 6:A request for an exterior alteration for Condoniniunr Unit #3 in the Gore Creek Plaza Buildinq at 193 East Gore Creek Drive. Block 58. vail Village First Filinq. Mike Mollica presented tbis proposal . He had a letter of approval from the Condoniniurn Association. The owner of condominium #1, next to the condorniniurn that was proposing changes objected to the location of a balcony. She had Lwo-concerns. The first was sharing the balcony and the second was the fireplace venting. This was discussed and it was decided to eliminate the balcony, and the fireplace would be vented to the east, three feet above unit #1ts operable windows. Iten No. 7: shelly Mello itern for two applicant requested to table this 10 The motion was rnade bv Kathv Warren and seconded bv Chuck Crist for aprcroval with conditions. Conditions: 2. 1.The Balcony be removed from the conrmon wal1. The fireplace be vented to the East about three feet above the window per the staff nemo. VOTE:7-OINFAVOR A reouest for a side setback Vafiance for Lot 6' bloc[ 2. vail villaae sixth Filinq. Anpl.icant: Clinton G. Ames. Jr. explained that the hreeks, The motion ltas made bv Kathy Warren and seconded bv Jim Shearer to table this iten untif February 26---l-990-- VOTE:7-OINFAVOR Iten No. 8: A recruest for a height varLance to construct a new residence on Lot 3, Block 2- vail Potato Patcht Alpine Townhonres IV.Appll-cant: Michael Lauterbach The request is for a height variances ranging fron two to nine feet. Tom Braun presented this request and showed site plans and surveys. ae exptlined that the proJect would involve altering existing grades by filling in Ion points throughout the lot. An existin! 6asenent- is also-referencEd as a hardship affecting site planning. Tour pointed out that the history on the lot ltas relevant. Sonetine in 1.976 excavation was begun for a residence. The excavation dramatically altered the grade and then this past sunmer the applicant began fllling the lot without approval fron the Town. rle factors were retevint in deternining what is the existing grade of the Iot. Tom also added that considering the. grade oi tne lot after the 1975 excavation would inpose an unfair trardship on ttre applicant because of the hole that had been created on the Lot. Two surveys stere subrnitted, one showing essentially existing conditj-ons and one showing tbe condltions of the lot prior to excavation in 1g26. the staff deteruined that the nost reasonable survey to use was the one that was done prior to excavation in tg'O. This approach is al-so consistent with other decisions nade by staff concerning lots that have been disturbed. Tom continued to discuss criteria and findl-ngs. The staff felt that granting the request would be a grant of special privilege. The staff recommendation was for denial . The staff could see no legitirnate physical hardship to allow for the variance. The stiff teft tnlt the proposed design showed tittte consideration to the grade of the ProPertY. Mike Lauterbach, the applicant, took exception to the staff memo. He felt that he could Lonforrn to the required regulated height if there were not a gas tine in the easement. Ite felt that he could drop the house nine feet into the hole, compensate by-allowing-a fou-r to six foot height variance or fill the lot conpletely and start fron scratch. -He then pointed out that the Lionsridge subdivision had filled a whole ravine. He felt that the Potato Patch subdivision would be best served lf the house were built to the highest and best use for this site. He stated that without fillin! the lot, there would be no views of the Eki nountain. 11 cary Bossovt, a property owner who lives two lots alray, agreed Irith both Mike and the staff in that you could fill and build but he said 1o feet over the helght restriction rtas excessive. Kristan explained that in construction, the existing grade must be used and persons were not given pemission to dunp dirt and tben build on the Lot later on. Chuck asked how the Lionsridge subdivision obtained approval and Kristan said that the planning Conmission had given approval for a totat site plan. cary Bossow stated that uraybe the lot was not designed-to have a view of Vail Mountain. Ludwig Kurz then stated that with really creative plans you could inprove the sLtuation without reguiring a variance. Lauterbach said that he felt that Ludwig was suggesting that be point the house down the valley but that was not what he wanted to do. connie asked if it was permissable to fill lots and Diana explained that they could fill then but ttrey still must use the original grade in considering hetght restrictions. Mike added that the ridge was artificially high and that was a hardship and that the easenent was as big a problen as the lowpoint on ttre lot. Diana said she could not find a reason for the variance, and that the lack of a view is not a hardship. Mike asked about the easement. Kathy asked if the easements were on the lot when it was purchased and llike stated that they were. Diana wondered if the Planning Cornrnission didnrt often give variances for easements. Tour pointed out that there was still plenty of land to build on. At this polnt the board discussed other ways and places that the horne could be built. The motion was rnade bv Kathy Warren and seconded by Lgdwiq Kurz ior Denial based on the fact that there was no hardship proven and per the staff rnemo. Jim stated that he felt that the hone needed to be redesigned. Diana said she was not convinced a variance itas needed. Bossow asked what kind of hardshlp Iauterbach could possibly have. Diana expressed a need to look at the lot again. Mike asked how the Ll.onshead subdivision had gotten an approval and Kristan explained that ttrey went before the Planning cornmission requesting a fill and grading petmit. Mike Laterbach said he would like to table for two weeks and present a grading plan. L2 Ludwicr withdrew his second. Torn reminded Mike that if the lot were regraded, the engineer woul-d need to look at the whole project and the other lots affected. Mike said he thought he could come back with a revised grading plan and asked to table. Diana asked Kristan if you could Look at all the lots that had been filled. Diana stated that the Planning Conmission had allowed gullies on lots to detemine whether units could be separated. Dalton said if the ridge were artificially raised that that seemed to be a factor. The motion was made bv Chuck Crist and seconded by Jim Shearer to table for two weeks. VOTE:6 - 1 with Kathy votino aqainst tabling. Tten No. 9: Discussion of revisions to Zonina Code' Sign Code and Design Review Guidelines. Torn explained to the board that there rtas a need to revise existing development regulations, that over tine a number ofsnall and relatlvely isotated issues and problens with the codes had arisen. He asked that the Planning Board take a cornprehensive look at the regulations. He stated that he was interested in the big picture PercePtion of existing guidelines, for example do the codes only need refinements or are they in need of a urajor overhaul? Can the relationship between DRB, PEc, and council be improved with regard to the developroent review process? Is the existing review process cumbersome and slow, not thorougb enough or adequate. Torn wanted to know what the problems were and wanted input for the RFP. Diana felt that it code and that she an outsider. She was not a good thing to rewrite the zoning also felt that it was not a good thing to hire sinply felt it needed to be tightened up. Tom explained that it was extrenely valuable to bring in fresh eyes to look at the zoning code. Kristan explained that when they did choose a consultant the staff and Board would have input. They wanted to work with the Board and Council but felt that a fresh look was important. Diana felt that there were very few minor problems. Chuck tended to agree with Diana, he was very opposed to hiring an outside consultant. L3 Jirn felt that we did not need major involvement of an attorney to oversee the project. Dalton did not feel that an outside consultant was necessary. He said that the consultant would be paid to study rules that the staff was already faniliar with. Diana stated that everyone that works with the code knows the problems already. Kristan explained that the staff wasnrt advising a total overhaulof the zoning code, but that she has seen the use of many loop- hol-es and she felt the need for consultant assistance was inportant, especially given the existing staff level in planning. Dal.ton wondered if you could get an outside advisors in certain areas without hiring a consultant. Diana expressed that fact that usually ideas seemed to corne frorn the community during the public hearings. Kristan said that there would need to be some tlpe of consulting tearn and that the staff was not in the position to work on this because of their work load. Kathy felt that this was not an easyproject, that there were broad range issues to consider and that the County regulations and those of the Town should fit together better. Kristan said that it sounded as though the PEC wanted a lead person with consultants as needed. But she reminded then that they would need an Attorney for rewriting the code. Jim statedthat he would like to see clearer lines between the Planning Commission and the Design Review Board. Tom agreed that total revision was not necessary. Kathy tiked Chuck's idea of having localsr input, but felt there were nany locals that were self serving. The discussion ended. 14 SIDIO SCHULZ-ARCH ITEC,*. 141 EAST MEADOW DRIVE vArL coLoRAo 81657 303/476-7890 February 7, 1990 Ms. Kristan PrLtz Town of Vail 0ffice of Conmunity DeveloPment Vail., Colorado 81657 re: Vail National Bank Building-tenporary parking variance Dear Kristan' Thls letter is to fol1ow-up ny application for a tenporary parklng variance for the proposed deck enclosures at the vall National Bank Buildlng. Between the tine our construction is completed and Pernanent parking is provided at the new hospital structure, we proPose to irovidJ park,lng on the Holiday Inn site. The Holiday Inn ie roittrtn tirree-hundred feet of the Vail National Bank Building property. As the attached letter from Charles Pereira confirms, this parking nay be on a J.ong-tern basis. If you have any further questione regarding this natter pleaee glve ne a ca -1. CJ,,,,L- chultz cc: Paul Power s Jay Peter sonGail Lowenthal Sidney MEi/8ER THE AVIERICAN INSIIME OF ANCHM€TS PUBLIC NOTTCE that the Planning and Environrnental of Vail will hold a public hearing in 18.56.060 of the rnunicipal code of the dWT,TH,' llM Torm of Vail t 3:00 p.n. in the Town of Vail of:Municipal Building. Consideration 1. A request for a minor subdivision and zone change for Lots 4 & 5, Block 2, Bighorn lst Addition. Applicant: Sabler/Lupine Partners, Ltd. A reguest for an exterior alteration Exchange in the Wall Street BuiJ-ding viJ-lage First Filing. Applicant: American Ski Exchange A reguest for an exterior alteration for Condorniniun Unit #3 in the core Creek Plaza Building at 193 East Gore Creek Drive, Blocl< 58, Vail Village First Filing. Applicant: Michael Sanner/Piero Rivolta 4. A request to rezone a Specia} Developrnent District for the Garden of the Gods on Lot K, Block 5, Vail Village Fifth Filing at 365 Gore Creek Drive. Applicant: Garden of the Gods, Mrs. A.G. Hill Fanily NOTICE IS HEREBY GIVEN Comrnission of the Town accordance with Section 2. 3. for the Anerican Ski on Block 5C, Vail 5. An anendment to Special Developnent District 4' cascade Village, to arnend Area D, Glen Lyon office Building at L000 South Frontage Road West, Lot 54, GIen Lyon Subdivision. Applicant: Glen Lyon Office Bldg. - A Colorado Partnership 5. A request for a beight variance for Lot 3, Block 2, Vail Potato Patch; AlPine Townhomes fV. Applicant: Michael Lauterbach 7. A request for an exterior alteration for a portion of Lot L, Block 2, Vail Lionshead Third filing; VaiJ.glo Lodge. Applicant; Craig Holzfaster . A request for an arnendment to Special Development District 23 and a parking variance to a1low for an office expansion, for the Vail National Bank Building at 108 South Frontage Road I{est, a resubdivision of part of Lot D, Block 2, VaiI Village Second Filing. Applicant: Vail National Bank Building Corp. A request for a side setback variance for Vail village Sixth Filing, Lot 6, Block 2. Applicant: Clinton G. Ames, Jr. 9. o RES OLU TION I i I I i I I I By the Director of VNB Building Corp.: BE IT RESOLVED that Sidney Schultz retained as Agent for VNB Building the purpose of nraking applications Town of Vail for the re-zoning and of its Vail National Bank Building associated property. is hereby Corp. for to the renovation and E. B. Chester Vatl !{atlonal Bank ADJACENT PROPERTY OT'ilBRS @ssoclationc/o llr. Ben Boutell Poet 0fflce Box 3648Vatl, C0 81658 Scorplo Condoninlun Aseocintion 4919 Hanpden tane Betheeda, llD 20814 SkaaL Hue Phase I c/o llt. Ron Andereon 727 PennaylvanLa Ave. Holton, KS 66436 Skaal Hus Phaee 2 c/o llr. Rose llavle Poat 0ffice Box 190Yal1, C0 81658 Vatl Val1ey Medtcal Center 181 l{est Meador Drlve Vai1, C0 81657 (Doubletree Hotel )Val1 Holdlnga, Inc. clo J. Mlchael Holloway'American Credlt Services, Inc. 201 E. Broad Street Roclrester , NT L46O4 Doubletree Condonlnlun Aesoc.c/o'Hr. Gene Petracca 602 Park Ave. ilanhaeeet , lll 10030 Tovn of Vail 75 South Frontage Rd.Vall, C0 8f657 \ 'it"tiil36 gn,n-. -:. \, ,r -rc{r6teh: y:aii, February 8, 1990 Sidney Schultz-Architect, Inc. 141. Eaet lteadov Drlve Vail' CO 81657 Dear Mr. SchuLtz: For your inforrnatlon, ln the sunmer our parklng lot ls nevet full becauge we have a lot of bus Eours, and eaclt takea care of 24 roorns. So, wlth two buses ' 402 o[ our capaclty for rooms ls al"ready fllled, leavlng the free 8Pace8. Ae per our J4gs{sation regardLng parklng' we will Lre glad to leaae the(g;fparklng spaces that you need. really b urg parklng is crowded is on tlre 4Eh have a Lot of indivlduals' entire guluner. in iq s j.i l\ IN only.tirne uly yeehgnthaf le tn {,\,/", ffu The ofJ but tha sunmer that lt ac whLch tlme we do two days durlng the CP:as sr trv SCHULIZ-ARCH rlcT,n. 141 EAST MEADOW DRIVE vArL coLoRAo81657 3O3/476-78n February 7, 1990 Hs. Kristan .Pr1tz Tovn of YEll Office of ConnunitY DeveloPnent Va11, Colorailo 81657 re: Val1 lfatlonal Bank BuildinS-teaPorary parklng variance Dear Kristan, This letter is to follow-up ny application for a tenporary parking varlance for the piopbseA- deck enclosures at the Val1 National Bank Building. Betveen the tine our construction is conpleted and Pernanent parking 1s provided at the new hospitaL structure' rre propose to ;;;;id; p"tking on the Holidav Inn site. The Holldav Inn ts i1tt in tirree-hindred feet of ihe Vail National Bank Building pi"p"ity. As the attached letter from Charles Pereira confirns, thi.l park:.ng nay be on a long-tern basis. If you have any further questions regarding this natter please give ne a calI. CJ,r,L- chultz Paul Powers Jay PetersonGail Lowenthal N,t€tvts?. IHE Alvl€RCAr! lt\sllME oF AtlcH[ECIS Sidney tt"{dli r;Tnfui Jaauary 31, 1990 Sldney Schultz-Archltect, IDc. l4l East lteadow Drlve Val1, C0 81557 Dear llr. Schultz: By your letter, 1t appears to Ee that you need parking spaces oD a contract basLs so that you can always count theo as part of your bulldlng, not Just a teoPorary tbiag. Under those condltlons, it lrould bave to be a lease oo a year round basis. You would be responslble for puttlng up ihe signs showing it as Vail National Bank Buildlng:euployeest parklng. Also, 1f we declde to add rooDs to our Property, we would have to go underground at least tvo levels. lhat would glve us parklng for a^t least the 102 spaces re nos bold- By havlug two leveii, ve should be able to get 150 or 160 spacee so that re could'st11l hold the sPaces you arE requestl:rg. for thls sould be $800 a year P€r --2 t3 Vat Foad o Vail. Cotorado 81657 . Phono V.rl 303476'563 | . C.nvor 573.$06 OrE rrl Otts D' O\8 ljr.3nrrr|. ItE lrg. fE na l tn ]€UOAY tili6. ltle :iI t'uaglfe thai the +.; DNrv SCH utz-nncJEcT,*. February 7, ,, '. -n' lts. f,rlitan .Prltz Torn of .Vall r990 Off tce of Couuunlty Developucnt ,.- Val1, Colorado 8.1657_., .. -:.. re: Vall llatlonal Bank Bulldl.ag-tcnporary parkhg varliilce Dear Xrlstan, Tbis letter ls to follon-ug uy appllcatl.on for a teaporaryparklng varLance for the .propoaed deck eoclosureE at the Vailllational Bank Bul1dlog. Betveen the tlne our constructlon 1s conpleted and peraanent parklng 1s provided at the oew hospital structure, ue propoEe toprovlde parklng on the Hollday Inn site. The llollday Inn ts t lthin three-hundred feet of the Vail National Baok Bulldingproperty. As the attached letter fron Charles Pereira confifns,thls parklng Day be on a loag-tern basis If you have any further questlons regarding thls aatter pleaseglve ue a ca1l. 1r,L- chultz cc: Paul Povers Jay Peterson Gal1 LowenthEl Ir/€168?. ll€ Ar€llOrr{ r.EllltlfE S AIICHIEC.S Slduei I January 30, 1990 Mr. Sidney Schultz 141 East Meadow DriveVaiI, Colorado 81657 RE: Vail National Bank Building SDD Anendment & Parking Variance. Dear Sidney, f am writing this letter to confirm the discussion I hadwith you as will as ;fay Peterson that it appears that the staffwill not be able to support your present reguest for an SDD amendment to VaiI National Bank and parking variance to allowfor the expansion of the Land Title offices. The issue is thesolution for parking. I have discused this concern with LarryEskwith. He and I both agree that it is inappropriate to approve your two reguest as you are relying on another property owner to rneet your parking requirements. If you can think ofanother solution for your parking, the staff would be happy to review your proposal. If you have any further guestions please feel free to cal-l ne 479-21-38. Sincerely, Kristan PritzActing Director cc/Jay Peterson I srDSY scHULTZ-ARcH rEG,*. 141 EAST MEADOW DRIVE vArL coLoRAo 81657 303/476-7890 January L6, 1990 APPLICATION FOR TEMPORARY PARKING VARIANCE VAIL NATIONAL BANK BUILDING VI{B PARCEL The deck enclosures, described in the attached request for anendnent to the Special DeveLopment District, will requlre slx additional parking spaces. Since the proposed constructlon is scheduled to be completed in the summer of 1990, and the parking for the Vail- National Bank at the l.ledica1 Center parking struc- ture wil-l not be cotnpleted until November of 1990, the Tonn requires a parking variance. At thie tine VNB Building Corp. is discussing the possibility of leasing parking for the surnner of 1.990 with the Holiday Inn and the Doubletree until VNB's parking is conpleted on the Me'dical Center site. MEMSER, IHE AMERICAN INSIInJIE OF ARCHMCIS voilvolley medicolcenter ''181 Wesl Meadow Drive, Suite 100 Vail. Colorado 81657 (303) 476-24s1 Ray McMahan Administrator 12 January 1990 Kristen Pritz Senior Planner Town of Vail - Cormunity Development 75 S. Frontage Road Vail, Colorado 81657 Dear Kristen: The owners of the Vail National Bank Building (VNB Building Corporation) have a written option to purchase an exc'l usive, irrevocable licenseto use as many as twelve parking spaces in the hospital's proposed parking structure. Shortly after working drawings are completed next month, the hospital wi I I provide the VNB with an estimate of construction costs. The VNB will then have seven (7) business days to exercise its option. The parking structure presently approved by the PEC has only enough spaces to serve the hospital's current needs. Needless to say, the VNB 's opti on 'i s conti gent upon the hospi ta1 securi ng the approval s needed to construct an additional level of below-grade structure. DF/bh cc: Ray Mcl{ahan cerel \-ass\. s- z.o l- { lrJJtd 'T-J-FE.oz. o o o o