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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5E TRACT C AUSTRIA HAUS AKA SONNENALP SDD 35 2004 AMENDMENT LEGALGeneral Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit applicauon. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted unul all required information is received by the Community Development Department. The poect may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee; Application for Review by the Planning and Environmental Commissio[ _. RECE IVE UDepartment of Community DE/elopment 75 South Frontage Road, Vail, Colondo 81657 l,lxi ^ tel: 970.479.2139 fax: 970.479.2452 web: www,ci.vail.co.us tr RezoningD Major SuMivisiong Minor Subdivisiontr Exemption Plat?tr Minor Amendment to an SDD.tr New Special Development Districttr Major Amendment to an SDDE Tlciof Amendment to an SDD gf h6 exterior modificdhons) Description of the Request: tr Conditional Use Permittr RoodplainModlficationtr Minor Exterior Alterationtr Major Exterior Alterationtr Development PlanE Amendment to a Develooment Plantr Zoning Code AmendmentE Variancetr Sign Varianceilsc $1300 $1s00 $6s0 $5s0 $100r $6000 $6000 $12s0 $6s0 $400 $650 $800 $1500 $2s0 $1300 $s@ $200 Physical Address: For Office Use lnlylffii,*i#guPlanner: Prt Location ofthe Proposal: Lot:_ Parcef No.: I +ot P8 A2' fogl (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of Applicantl .I/ror^* 4"&cr Mailing Address: E-mail Address: lA Paee I of7-0lil8/02 r", ?o .4X- &31 *d.1.,|*******'t 't *****t*d.**********t *t*!t********t**'l*rtr'******tt{.*'t,}'}***********{.*'**+:}1.'}****,t***** TOWN OF VAIL, COLORADO Stat€,ment **{.'l*******!t't,l****|***t 'l * 't {.* * +'}* {. * | |l** * * +{.1. *t}* * * *,}'t* * * rl * ** {.* rt * * * *,1'f '}* * * r.,i * * *rl ** * * * * '} l.* *'}'} *** SCatement Number: R040005855 Amount: $1,000.00 05/24/200410:44 AM Palment Method: Check Init: rTS Notation: #105 0415/SONNENATJP Permit No: PEC04oo27 q4)e: PEc -Minor SDD Amendnent Parcel No: 210108225001 Site Address: 242 E MEN)OW DR VAIIr IJocation: 242 EAST MEADOW DRM Tota1 Fees: $1, 000.00 This Palment: $1,000.00 Total AlL Pmts: $1,000.00 Balance: $0.00 * * * *,lt'l '1. 'i 't * *:f *t *'t********t '1.*{' * **** * * {.**'}* **** * * *** * ** +*'l * * * f {.'}t!,* * '* * * * * *i.:1.,}'} '1. *'l'}* ***.}* * *'1. * * 't 'l* ACCOUNTITEM LIST: Account Code Description Current Pmts PV OO1OOOO31125OO PEC APPLICAT]ON FEES 1,000.00 Memorandun To: Town of Vail From: Sonnenalp Properties, lnc. Date: May20,2004 Ref.: Application for Amendment of Ordinance NO. 12, Series of 1997, removing a condition of approval that prohibits the operation ofrestaurants within the special development disrict (SDD No. 35 Austria Haus). Subject Property: This application is made to permit the operation of a Starbucks Coffee Shop in the Austria Haus Retail area, specifically in the retail space 242 East Meadow Drive - C-101. Since the opening in 1999, the subject retail space was operated as a bar ('Platz'l-Bar, Tongos-Bar) under a liquor license and with required food service. The 2002 amendment was grant€d to permit breakfast servic€ as part of the bar operations. Rational for Amendment: Sonnenalp Properties is seeking this amendment to allow proper legal basis for the operation ofa Starbucks Coffee Shop in the subject space. While we believe that existing zoning would already permit intended use (restriction is for restaurant use), the language in the ordinance is sufficiently vague that clarification ofperrnitted uses will be a requirement to finalize necessary legal documents between Starbucks and Sonnenalp. It would be appropriate and desirable at this time to completely strike the deed restriction relative to restaurant use in the Austria Haus as history ofthe past 5 ye€rs has shown litle impact on the neighborhood by a restaurantJike op€ration. History of Austria Haus Retail Spaces: The history of ordinance No 12 Series 1997 was based on neighborhood concem that a restaurant operation may cause undesirable traffic caused by loading and delivery activity. The assumption was that a restaurant would create significantly more loading and delivery than other uses. The Austria Haus SDD did receive approval with two restaurantJike uses, t}re Austria Lobby Bar - serving daily breakfast and aftemoon bar and food service -, and the Platz'l Bar - a noon to midnight coclcail-apres-ski bar operation. Based on 2 years ofoperations and the realization that loading and delivery issues relative to the originally approved uses did not materialize, approval was given to extent service in the Platz'l location to include breakfast service. The proposed use of retail space Cl01 (formerly Platz'l Bar) for a Starbucks operation is a very similar use to the uses ofthis space over the past 5 yean. In fact, Starbucks not holding a liquor license will likely rcduce loading/delivery issues compared to the previous bar/brealdast concepts. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for_a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WesUunplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at242East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and sefting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther A finaf review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant Vail Resorts, represented by Braun Associates, Inc. Planner: WarrenCampbell A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant Vail Resorts Planner: ElisabethEckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Gondominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain locSted at an unplatted parcel adjacent to the Eagle'River Water and Sanitation facilities, 646 West Foles! noad, (a coniplete meies and bounds legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office'hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientatioh and the site visits that precede the public hearing.in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Published June 11, 2004, in the Vail Daily. o t R""d- d"D* U Stbs+ "f ttt S. Fr ?M[E@ Hes (fu &,ffit (*"'t*t'r-l' Mr":&'d-rikbb"'L 4oon,u/ &:'W{?PaL W,wJ 83@l Io ,ibntoenoe@,@eef&tu World Class Properties 242 E. Meadow Drive Vall. Colorado 81657 [rJ!."A- CI'rd,- JJ.rt*\rt r', n- 0.ssoe,<d^afl> 7en: g,-, lnck-bz* &n lA^lfet"a- anJ | @ 8tb5T qffi Cbrd*rr)",",)t* Mtrr: &"t^4- J-h"'rb;rru- &9 a €, Tr'Paalnur Dli,r-- Lrt;n, @ 8t/"5? Io)Perties rlve )Jt et"r,-ad/L e,e"t C*n: Pu*',vJ(na\r!- 37A nl;U. 0""L eAtlb 76r/, Cn 8/bsf ,@ce[&Me 'perties lve i57 n , ' 4l*rr*UlLbLl/Luwfrrtfw^*1 ., Wa"^;;*,-fu*"aa-"fu-:&a/rrLe'fi^*^) Jtpz € n-Qnn'rur D.t^. 7fr'1,, b 8tu5? ORDINANCE NO.15 Series ot 2004 AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A CONDITION OF APPROVALTHAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD N0.35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner of the property, has submifted an application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its June 28,2004, meeting, and has submitted its recommendation of approval to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the Approved Development Plan for Special Development District No. 35. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Section l. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in stik€+hreugh/additions are shown in bold) SECTION 5 J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22of theMunicipal CodeoftheTownof Vail .with+ht'ex€eetienef restaH feed serviee eperatie SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval Ordinance No. 15, Sedes 2004 of the establishment of Special Development District No. 35: 't.That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the easternmost retail tenant space (Unit D). That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus propefi in the loading dock area provided on the west side of the proper$. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. The applicant, Johannes Faessler, or his authorized agent, shall cause the Town's conditions of approval and the following written agreement to be recorded with the Eagle County Clerk & Recorde/s office within 30 days of approval on second reading. "The Austia Haus ( herein "Propefty") may not be used for the operation of a restaurant. The term'restaurant" as used herein means an eating establishment which is full seruice, offeing one or more of a complete breakfast menu, lunch menu or dinner menu and which prepares the food offered at the Prcperty in an on-site kitchen. The term'restauranf as used herein does not include a coffee shop, sandwich shop or similar use wttich involves any one or more of the following; 1) preparation of brewed coffee, tea, and/or espresso dnnks at the Property, 2) use of a microwave oven at the Propefty, and 3) the sale of any one or more of the following; a) whole ground coffee beans, b) coffee by the cup, c) espresso/coffeefrea-based drinks, d) teas and spices, e) e sp re sso/coff e efte a- re I ate d eq u i p me nt, su p p I i e s a nd acce sso ri e s, f seasonal, promotional and branded merchandise, g) assorted food items including, but not limibd to, baked foods, desserfg frozen desserts, salads, sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and i) other non-food related items reasonably assocrated with the operation of a coffee shop.' Additionally, this same language shall be included in all future lease or rental Odinance No. 15, Series 2004 z 3. 4. agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. NOTE: All other conditions of approval shall remain unchanged. Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safeg and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall Ordinance No- 15, Seri€s 20(X not be construed to revise any bylaw, order, resolution or ordinance, or part thereol theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 6h day of July, 2004 and a public hearing for second reading of this Ordinance set for the 20h day of July, 2004, in the Council Chambers of the Vail Municipal BuiHing, Vail, Colorado Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20rh day of July,2004. Rodney E. Slifer, Mayor Attest: Ordinane No. 15, Series 2004 4 Lorelei Donaldson, Town Clerk Odinance No. 15. S€ries 2004 ORDINANCE NO.15 Series of 2004 AN ORDINANCE Ai'ENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A GONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD N0. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development distrists; and WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its June 28,2004, meeting, and has submitted its recommendation of approval to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the Approved Development Plan for Special Development District No. 35. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in €tr.ike+hf€ugh/addiiions are shown in bold) sEcTtoN 5 J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter18.22oftheMunicipa|CodeoftheTownofVai|.wi SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval Ordinanc€ No. '15, S€rios 2004 of the establishment of Special Development District No. 35: Said deed restrietien er eevenant 6hall be rec€rded with the Eagle €eunty Clerk and Reeerdeds effiee prier te the applieant submitting fer a building permit, That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the easternmost retail tenant space (Sla*ffie). (qu;s P\ That any future proposal to expand the area ofthe restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on tn6r vt6;of the property. Loading and delivery for the Austria Haus shall hetSed-nducted from the designated loading and delivery spaces in ftont of the Mountain Haus. The applicant, Johannes Faessler, or his authorized agent shall cause the Town's conditions of approval and the following wriften agreement to be recorded with the Eagle Gounty Clerk & Recorder's office within 30 days of approval on second reading. "The Austria Haus ( herein 'Propefi') may not be used tor the operation of a r*taurant. The term "restaurant" as used herein means an eating establishment which is full seruice, offering one or more of a complete breaMast menu, lunch menu or dinner menu and which prepares the food oftered at the Propedy in an on-site kitchen. The term "restaurant" as used herein does not include a cottee shop, sandvvich shop or similar use which invofu* any one or more of the following; 1) preparation of brewed coffee, tea, andlor espresso drtnks atthe Property,2) use of a microwave oven atthe 1. 2. 3. 4. Propefi, and 3) the sale of any one or more of the following; a) Ordinance No. 15, Seri€s 20Ot 2 whole ground coffee beans, b) coffee by the cup, c) espresso/coffee/tea-based drinks, d) teas and spices, e) espresso/coffee/tea-related equipment, suppli* and accessories, 0 seasonal, promotional and branded merchandise, g) assorted food items including, but not limited to, baked foods, desserfs, frozen desserts, salads, sandwiches, juices, candies and novelties, h) boolrs, magazines and newspapers, and i) other non-food related items reasonably associated with the operation of a coffee shop." Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any futurc tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. NOTE: All other conditions of approval shall remain unchanged. Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occuned prior to the effective date hereof, any prosecution commenced, nor any other action or Ordinance No. 15. Series 2004 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 6rh day of July, 2OO4 and a public hearing for second reading of this Ordinance set for the 20h day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson. Town Clerk 4Ordinanc€ No. 15, Series 2004 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20n day of July,20(X. Rodney E. Slift'r, Mayor Atbst: Lorelei Donaldson, Town Clerk 5OdinancE No. 15, S€tu! 2fiX TO: FROM: DATE: SUBJECT; MEMORANDUM Planning and Environmental Commission Department of Community Development June 28, 2004 A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at242Easl Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Planner: Johannes Faessler George Ruther ll. DESCRIPTION OF THE REQUEST The applicant, Johnannes Faessler, is requesting a final review of a major amendment to Special Development District #35, Austria Haus. The purpose of the proposed amendment is to remove an existing condition of approval which prohibits the operation ol "restaurants or similar food service operations" within the special development district. The request to remove the condition of approval is intended to facilitate the use of the easternmost tenant space (Platz'l Bar) on the ground floor of the Austria Haus for a Starbuck's coffeehouse. BACKGROUND In 1 997, the Vail Town Council approved Ordinance No. 12, Series of 1 997, establishing Special Development District #35, Austria Haus. In adopting this ordinance, the Town Council, upon input from the Village Center residential condominium owners expressing concems about noise, odors, and frequency of loadingidelivery to the Austria Haus, placed a limit on the uses allowed in the District and placed a condition restricting the cunenl and future owne/s ability to locate a restaurant or similar food service operation on the Austria Haus property. ln 2002, the Vail Town Council approved Ordinance No. 5, Series of 2002, removing a condition of approval that prohibits the operation of restaurants with the Special Development District (SDD #35 Austria Haus). In removing the condition, however, the Council, among other things, placed the following obligations on the applicant, 'The applicant, Johannes Faessler, or his authorized agent shall cause this agreement which outlines the Town's conditions of approval to be recorded with the Eagle Gounty Glerk & Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become "null and void." The applicant failed to successfully comply with this condition, and as such, all approvals granted in 2002, pursuant to Ordinance No. 5, have since become null and void. A copy of Ordinance No. 5, Series o12002, has been attached for reference (attachmentA) III. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropiate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision ofsfreets andutilities;topreseruethenatural andscenicfeaturesof open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties undeflying zone district, shallestablish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the tv. public interest has been achieved. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Special Development Districl #35 was approved by the Town of Vail in 1997, pursuant to Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the Town of Vail, the underlying zoning of the Austria Haus development site is Public Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of the Public Accommodation Zone District is: to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, pivate recreation, commercial/retail and related visitor-oiented uses as may appropiately be located within the same distict and compatible with adjacent land uses. Ihe Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and fo maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permifted as conditional uses which enhance the nature of Vail as a vacation community, and where permifted uses are intended to function compatibly with the high density lodging character of the Distict. Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states, The following uses sha// be permifted in the PA Distict: Lodges, including accesso,ly eating, drinking, or retail establishmenb located within the principal use and not occupying more than ten percent (10%) of the total gross resrdenfial floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, orterrace. In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the Austria Haus Special Development District. During the public hearing review process the owners at the Village Center Condominiums expressed a concem regarding the correlation between the number of loading and delivery vehicle trips and restaurant facilities. Specifically, the neighbors were concerned with the negalive impacts (noise, odor, aesthetics, etc.) associated with loading and delivery operations outside their windows and believed that one way of mitigating those impacts was to minimize the number of vehicles trips by reducing trip generating uses (i.e. restaurants). In responding to the concern, the applicant agreed to place a deed- restriction or covenant restricting the cunent and future owneis ability to locate a restaurant or similar food service operation on the Austria Haus property. A deed- restriction has been recorded with the Eagle County Clerk & Recorde/s Office. The Austria Haus has been in operation since November of 1998. In that time the building has operated in accordance with the terms of the Town's approval. Staff contacted Johannes Faessler to acquire information on the loading and delivery trends of the building. According to Mr. Faessler, trash removal is provided 3 times per week during the busy seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as a result of the restaurant operation. For the purpose of this amendment, staff recommends that the following agreement be made part of the approval and that said agreement be recorded by the applicant and/or his agent with the Eagle County Clerk and Recorde/s Office: 'The Austria Haus ( herein'Prcpeftf) may not be used for the operation of a restaurant. The term'restaurant'as used hercin means an eating establishment u'rhich is full service, offeing one or more of a complete breakfast menu, lunch menu or dinner menu and which prepares the food otrered at the Property in an on'site kitchen. The term "restaurant as used herein does not include a coffee shop, sandwich shop or similar use which involves any one or more of the following; 1) preparation of brewed coffee, tea, and/or espresso drinks at the Property, 2) use of a microwave oven at the Propefty, and 3) the sale of any one or more of the following; a) whole ground coffee beans, b) coffee by the cup, c) espresso/coffeeftea-based dinks, d) teas and spices, e) espresso/coffeeftea-related equipment, supplies and accesson'eg f seasonal, promotional and branded merchandise, g) assorted food items including, but not limited to, baked foods, desserfg frozen dessefts, sa/ads, sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and. i) other non-food related items reasonably associated with the operation of a coffee shop.' C. Compliance with parking and loading requirements as outlined in Ghapter 12-10 of the Vail Town Code. The Austria Haus development complies with the parking and loading requirements established for the site. The proposed major amendment has no impact on the parking requirement for the property as the parking generation rates outlined in Section 12-10 of the Vail Town Code include restaurant uses under the designation of eating & drinking establishments. The loading and delivery requirements of the Austria Haus have also been met. Like the parking generation rates, the loading and delivery rate requirements for a 'lodge" includes allthe uses within the buiHing. Therefore, the loading and delivery requirement has already been satisfied per the land use regulations. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. General Grovvth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional grovth in existing developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. E. ldentification and mitigation of natural and/or geologic hazards that affect the propefi on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus developmenl site is not located in any geologically sensitive areas or within the 100- year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation. Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. H. Functional and aesthetic tandscaping and open space in order to optimize and preserve natural features, recreation, views and functions. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. l. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission fonryards a r€commendation of approval to the Vail Town Council of the proposed major amendment to Special Development District #35, Austria Haus. The Staffs recommendation of approval is based upon the review of the criteria outlined in Section lV of this memorandum and the evidence presented on this application. Should the Planning & Environmental Commission choose to recommend approval of the proposed major amendment staff recommends that the following finding be incorporated into a motion: "That the proposed major amendment to Special Development District #35, Austia Haus, amending the conditions of approval by removing the condition prohibiting the operation of a restaurant within the special development district, complies with the nine design citeia outlined in Section 12-9A-8 of the Town of Vail Municipal Code. Fufthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public heaing, that any adverse effects of the requested deviations from the development standards of the undedying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the requestis consisfenf with the development goals and objectives of the Town." Should ihe Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 3. 4. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in ftont of the Mountain Haus. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorder's office within 30 days of approval on second redding. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, orhis authorized agent, and anyfuturetenantofthe space. Failure to comply with this condition shall cause this approval to become null and void. ATTACHMENTS Attachment A - A copy of Ordinance No. 5, Series of 2002 ORDINANCE NO.5 Series o12002 AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A CONDITION OF APPROVAL THAT PROHTBITS THE OPERATION OF RESTAURANTS WITH]N THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its March 25,2002, meeting, and has submitted its recommendation to the Town Council: and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the officialTown of VailOfficialZoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in stdke-thresgh/additions are shown in bold) SECTION 5 J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail . with-the{'xeeptien ef resta sepli€e!€Eeratiens, whi€h s SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. 2. 3. a restaurant er similar feed serviee eperatien en the Austria Haus preperty' SaiC deed Offiee prier te the applieant ssbmitting fer a building permit, That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the Platz'1. That any future proposal to expand the area ofthe restaurant be reviewed and approved by the Town of Vail purcuant to the applicable development review process. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the lefter to the Pla?'l Bar from Steven J. Galamaris, Town of Vail Environmental Health Coordinator, dated February 5,2O02, as may be amended. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery forthe Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 5. The applicant, Johannes Faessler, or his authorized agent shall cause this agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorde/s office within 30 days of approval on second 4. reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. NOTE: All other conditions of approval shall remain unchanged. Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereol regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabiiants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent 10 herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLfSHED ONCE lN FULL ON FIRST READING this 2n day of April, 2002 and a public hearing for second reading of this Ordinance set for the 7h day of May, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kuz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7'n day of May,2002. Ludwig Kuz, Mayor Aftest: Lorelei Donaldson, Town Clerk 11 TOI4'NM ommtssron al Planning and Environmental C ACTION FORM Deparfnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2L39 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: MajorAmendmentto SDD #35 PEC Number: PEC020001 Project Description: Major amendment to SDD 35 Pafticipants: OWNER AUSTRIA HAUS DEV GROUP LLP 01/16/2002 Phone: 18 WHALESHIP PI-AZA SAN FMNCISCO CA 94111 License: APPUCANT AUSTRIA HAUS DEV GROUP LLP 0LlL6l2O02 Phone: 479-5470 18 WHALESHIP PI.AZA SAN FMNCISCO CA Johannes Faessler, Austria Haus 94U1 License: ProjectAddrcsst 242 E MEADOW DRVAIL Location: Legal Description: Lot: Bloclc Subdivision: VAIL VILI-AGE RUNG 1 Parcel Number: 210108225001 Comments: See Ordinance #5, Series ot 20Oz BOARD/SIAFF ACTION Motion By: Schofield Action: APPROVED Second By: Doyon Vote: 7-0 DateofAPProvalz O3ILII2OOZ Conditions: Cond: 8 (PI-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: George Ruther PEC Fee Paad: $O.OO o rOlnm Type of Application and Fee:E Variance $250tr Sign Variance $200tr Rezoning $200tr MaFr Subdivision $1000 + $20/lottr Minor Subdivision $250tr Special Development Disbict $f509E Major Amendment b an SDD St0dtr Minor Amendment to an SDD )eSG'tr ZoningcodeAmendment $250 tr Conditional Use Permit $200tr Employee Hotlsing UniWYPe:- No Fee tr Bed and Breakfast $200tr Major Frderior Alteratbn in Vail Village $500tr Minor Exterbr Alteration in Vail Village $200D Malrr fterbr Alteration in Uonshead $500tr Major Ederior Alteration in the PA Distict $500tr Floodplain modincauon $200E Amendment to a Devebpment Plan $250 Application for Review bY the Planning and Environmental Commission Departnent of Cornmunity Development 75 South frontage Road, Vail, Colorado 81557 tel: 970.48.2L39 fax: 970.479'2452 web: www.ci.vail'co.us General Information: This applicauon b fur any project requiring approval from the Planning and Envjronmental Commission. Please refer to thi'submittal requirimenG fur the partiorlar approval that is requested. An application fur Planning and Environmental Conniission review cannoi be accepted untit all required infiormation is received by the Community Development Department. The project may also need to be reviewed S the Town Council and/or the Design Review Board. Description of the'Request: to rgnove a conditlon orob dLstrl-ct LOcaUon Of the PrOpcal: LOt:Part BloCk S-n SubdivisiOn: u'rr lfr'lr.ge Pirst n{riag of Tract C Physical Address: 242 Bast l{Eados Drive Parcel No.:2lOrO8225Q01 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: SDD No. 35 Name(s) of Owner(s):Johannes FaessLer Austrla Mailing Addressr Owner(s) Signature(s): Name of Applicant: Mailing Address: Phone: PLEASE SUBMIT THIS APPLICATION, ALL STJBMTTTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FROMTAGE ROAD, VAIL, COLORADO 81657. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development March 11,2002 A request for a Major Amendment to Special Development District #35, Austria Haus, to amend an existing condition of approval prohibitinglhe operation of restaurants within the special development district, and setting forth details in regard thereto, located at242 E. Meadow Drive/Part of Tract B, Block 58, Vail Village 1"'Filing. Applicant: Johannes FaesslerPlanner: George Ruther DESCRIPTION OF THE REQUEST The applicant, Johnannes Faessler, as the owner of the property and on behalf of Sterling Bradbrook, the operator of Platz'|, is requesting a major amendment to Special Development District #35, Austria Haus, to remove a condition of approval prohibiting the operation of restaurants within the special development district. The request to remove the condition of approval prohibiting the operation of restaurants is intended to facilitate the use of Plats'l as a restaurant in addition to the existing bar use. As the operator of the Platz'|, Mr. Bradbrook intends to offer breakfast, lunch and apres ski menus to his customers. The expressed hours of restaurant operation are to be from 7 am until 8 pm, seven days a week. The bar remains open for operation until 2 am each morning. The restaurant equipment that is required for the operation includes waffle irons, pannini grills, toasters, microwaves, crock pots and coffee making equipment. According to the Town of Vail Environmental Health Coordinator, Steve Calamaris, the use and operation of this equipment does not require the installation of commercial grade ventilation and exhaust hoods. Therefore, concerns of noise and odors outside of the building will be eliminated. The storage of all dry goods and refrigerated items is accommodated onsite, either within the restaurant or within the storage room located in the basement of the building. Deliveries to the bar and restaurant of supplies and goods is provided via the loading and delivery berths required at the Austria Haus or the loading and delivery spaces in front of the Mountain Haus. Deliveries are scheduled on a rotating basis that come every 2-4 days. The storage and removal of trash is provided through the normal operations of the building. Trash removal for the building occurs 3 times per week during the busy seasons and I time per week in the off-season. lt is not anticipated that the operation of Platz'l as a restaurant will cause an increase in trash removal. ll. A copy of the applicant's submittal letter, menu, and health department approval letter have been attached for reference. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council of the proposed major amendment to Special Development District #35, Austria Haus. The Staff s recommendation of approval is based upon the review of the criteria outlined in Section lll of this memorandum and the evidence presented on this application. Should the Planning & Environmental Commission choose to recommend approval of the proposed major amendment staff recommends that the following finding be incorporated into a motion: 1. That the proposed major amendment to Special Development District #35, Austria Haus, amending the conditions of approval by removing the condition prohibiting the operation of a restaurant within the special development district, complies with the nine design criteria outlined in Section 12-94-8 of the Town of Vail Municipal Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That no rooftop or other exterior veniilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the Platz'1. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'l Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator. dated February 5,2002, as may be amended. /1.?er-trr...a D€€D. ?erei.ao..t THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special J"h.t Be;hJ l. 1-O J. ilt. tv. A. *Ru\ euDoFA,e Development Districts in the Town of Vail. According to Section 12-gA-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in orderto promote its most appropiate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of sfreets and utilities; to preserue the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development Distict, in conjunction with the properties underlying zone distict, shall establish the requirements for guiding development and uses of property included in the Special D ev e lo p me nt D i stri ct.' An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. CRITERIA FOR REVIEW Design compatibility and sensitivity to the immediate environment neighborhood and adjacent properties relative to archatectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff does not believe that this criteria is relevant to this application. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Special Development District #35 was approved by the Town of Vail in 1997, pursuant to Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the Town of Vail, the underlying zoning of the Austria Haus development site is Public Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of the Public Accommodation Zone District is: to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, pivate recreation, commercial/retail and related visitor-oriented uses as may appropiately be located within the same district and compatible with adjacent land uses. The Public Accommodation Distict is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and fo maintain the desirable resoft qualities of the Distict by establishing appropriate site development standards. Additional nonresidential uses are permifted as conditional uses which enhance the nature of Vail as a vacation community, and where permifted uses are intended to function compatibly with the high density lodging character of the Distict. Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states, The following uses sha// be permifted in the PA Distict: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross resldential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the Austria Haus Special Development District. During the public hearing review process the owners at the Village Center Condominiums expressed a concern regarding the correlation between the number of loading and delivery vehicle trips and restaurant facilities. Specifically, the neighbors were concerned with the negative impacts (noise, odor, aesthetics, etc.) associated with loading and delivery operations outside their windows and believed that one way of mitigating those impacts was to minimize the number of vehicles trips by reducing trip generating uses (i.e. restaurants). In responding to the concern, the applicant agreed to place a deed-restriction or covenant restricting the current and future owne/s ability to locate a restaurant or similar food service operation on the Austria Haus property. A deed-restriction has been recorded with the Eagle County Clerk & Recorde/s Office. The Austria Haus has been in operation since November of 1998. In that time the building has operated in accordance with the terms of the Town's approval. Staff contacted Johannes Faessler to acquire information on the loading and delivery trends of the building. According to Mr. Faessler, trash removal is provided 3 times per week during the busy seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as a result of the restaurant operation. C. Compliance with pa*ing and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The Austria Haus development complies with the parking and loading requirements established for the site. The proposed major amendment has no impact on the parking requirement for the property as the parking generation rates outlined in Section 12-1 0 of the Vail Town Code include restaurant uses under the designation of eating & drinking establishments. The loading and delivery requirements of the Austria Haus have also been met. Like the parking generation rates, the loading and delivery rate requirements for a "lodge" includes all the uses within the building. Therefore, the loading and delivery requirement has already been satisfied per the land use regulations. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. GeneralGrowth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus development site is not located in any geologically sensitive areas or within the 1O0-year floodplain. . F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff does not believe that this criteria is relevant to this application. G. A circulation system designed for both vehicles and pedestrians addressing on and off-s ite traffic circu lation. The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, staff does not believe that this criteria is relevant to this application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is not proposing any changes to the exterior of the Platz'|. Therefore, statf does not believe that this criteria is relevant to this application. l. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is not proposing any changes to the exterior of the PlaE'|. Therefore, staff does not believe that this criteria is relevant to this application. To Whom It May Concern: The Platz'l currently is offering a breakfast. lunch, and aprds' menu to our customers. Although our menu is limited, rne believe that we have found a nitch on Bridge Street that no one is currently filling. It is a concept that we have been researching for over a year, and executed it only two months ago. In this time a local clientele has been built, and our customs seem to be ver,v pleased u'ith the product that u'e are offering to them. It is our goal to work with you, the Vail town council, and continue operating with the same menu, and in doing so, meeting the standards that you uphold. Store Hours: 7 arn-2am Kitchen Hours: 7am-8pm Equipment: 2 Commercial Waffle Irons I Commercial Pannini Grill I Double Toaster 2 Commercial Microwaves 2 Crock Pots 1 Commercial Coffee Grinder 2 Commercial Coffee Makers Storage: Ali of our products are either dry goods or refrigerated items. We keep all refrigerated products stored in a double sized refrigerator and kept ar 37 .9 degrees. All ofour dry goods are kept either on shelves in our kitchen, or in our storage room in the basement. No food item is ever stored on the floor and is away from any area w'here spilis or drips may occur. Due to the limited space, we can only purchase in small amounts, therefore rotating our stock every 2-4 days. Although this makes for continual ordering from our distributors, it is a benefit to our customers as they are served only the freshest products. Layout: We have one sink in the kitchen that is to be used as a hand sink only. We wash all dishes at the 3 dish sink that is located behind the bar. Our egg plates and waffles are served on plates. Our granola" chili, and arlichoke dip are served in bor.vls. All other items are presented in baskets with deli wrap inserts. We have three commercial metal tables that all of our food is prepared upon. Our pannini griil and waffle irons are encased with a metai that greatly limits the amount of heat that is emitted, and the metal tables eliminate any danger of fire. Both the waffle iron and the grill rarely have any scent that enters into the restaurant area, and the microla'aves never give off any scent. Distributors: Alliant: Provides us with all of our products aside from the following: Alpenrose: Bread Artisan: Psalteries and Baeels Big Train Chai: Chai Carbon's Malted Waffle: Waffle Mix Grammy's Jam; Jam Maple Groves of Vermont: Maple Symp McCullagh Juiceables Supplies: Smoothie Mix The Republic of Tea: Tea Vail Mountain Coffee Roasters: Coffee Preoaration: Bagel: Cut in half, toasted Cream cheese, jam or butter all are kept in refrigerator 24hrs Breakfast Sandwich: 2 Eggs, splash of milk cooked for 2 minutes in the microwave, choice of meat and cheese (all stored in trays on ice and kept cold) Cooked egg goes on bagel with meat and cheese and microwaved for additional minute. Granola and Yogurt: Granola and Yogurt from refrigerator placed on top Assorted Oatmeal: % cup milk, % cup water microwaved Waffle: Mix with chosen fruit and placed in iron for 3 minutes. (All mix is prepared in the moming and kept in refrigerator or on ice, all fruit kept in refrigerator or kept on ice) Pastries and Bagels: All kept on counter behind pastry case Grandma's Spicy Chili: kept warm in crock pot (if not finished in the evening, what is left is thrown away or placed in refrigerator where depth of chili in only an inch to assure all chili is cooled throughout) Spinach and Artichoke dip: Kept in refrigerator and lcup portion is heated in the microwave and served with chips Sandwiched: All served on Alpenrose bread, cheese melted on bread in microwave, items put on it, placed on grill and served with chips Smoothies: Dr. Smoothie mix, water and ice and blended in the front of the house Coffee: All brewed in commercial pots Specialty Coffee: All prepared with a commercial espresso machine Goal: The Platz'l is very proud of all of the items that we are serving, and enjoy very much offering this service to the Valley. We are offering a service that the town of Vail needs. We are one of only a few places in Vail that offer breakfast not only in a convenient location, but at an affordable price. Our location at the bottom ofBridge Street makes it easy for all those coming from the transportation center as well as from the in town busses. We aspire to start everyone's moming off positively and with a little extra boost of energy. With our prices positioned as they are, everyone can afford to enjoy the experience. The Platz'1, with it's European mystique and intricate architecture makes it more than just your average breakfast ambiance. One that we believe reflects positively not just upon us, but on Vail as a whole. It is our focus to assure that our customers have quality food and have a great time while they are here. We are willing to work with you in any way need be to keep our current operation in business, and we recognize that May 1st, we will be restructuring our kitchen to best foilow the codes that the health department demands. We look forward to meeting with you ail soon and discussing the situation at hand. Sincerely, The Platz'l o r0W OF VAIL 75 South Frontage Rd. Vail, Colorado 81657 97 0-47 9 -2138 I 47 9 -2t39 F4X970479-2452 Department of Community Development February 5,2002 Platzl Bar 242E.MeadowDr. vail, CO 81658 RE: Menu change at Platzl Bar located at 242E. Meadow Dr., Vail, CO 81658 Dear Kelly: Thanks for meeting with me earlier this week to discuss the change in your menu items. The changes are hereby approved with the following conditions: The existing 3-compartment ia the bar area must be used to wash all cooking utensils, kitchenware, and tableware etc. All food contact equipment and utensils must fit into the 3-compartment, except those specifically designed for in-place cleaning. All floors, walls and ceilings must be finished with approved materials to be smooth, non-absorbent and easily cleanable. Damaged existing surfaces, including cove base, must be refinished with approved materials. The cooking area hand sink must be used for handwashing only. AII hand sinks must be equipped witl approved soap and towel dispensers An appropriate area away from food and equipment storage must be designated for storage of employee personal belongings. All equipment must be commercially approved. Ali meats (turkey, ham, and bacon) must be received pre-cooked and pre-sliced from an approved source or cooked in the microwave. All pastries and baked items must be received from an approved source. No baking shall be done at Platzl Bar. Chili will be received pre-cooked in a pre-packaged container and reheated in the microwave and held at 140eF and above in the crock-pot. All menu items as stated in the Platzl Bar proposal shall be pre-packaged and pre- cooked items from an approved source. a a a a a ) ! o All electrical wiring must be redirected away from heat sources and in a manner that will not create cleaning issues.r Kitchen layout will be re-evaluated and equipment will be relocated, if needed, to mslqs slsnning easier and to prevent fire hazards.r No additional equipment will be added to the existing facility. The Town of Vail Environmental Health Department, Building Deparnnent and Planning Deparbnent must review any additional or future changes in the establishment or menu items. Please contact me at 479-2333 with any questions. Sincerely, Q, N C r-<3G6s\ \---,,.'^\-*,, .,.''. .-- Steven J. Calanfuis Environmental Health Coordinator Town of Vail Building Department Town of Vail Planning Department file Cc: l-\o L- f-s l" rJ a Fr Fr t ,-.= .J.J 6\ EJ AA': = L.J .-L. -l?.4:r4 rl!.:n-=:-FvC)FVtPI'-i. Q-Da,q)Fr V -t) Erv-i) ---.-:.av)iia A,'- =)v!\Jai+gF1 a\n(tr l-a.l- Er ,'I ooooo rA rA. o t((l.d(\|{^ ra rr} g} ' ooorAo o 'o h ci c.i c.i -rr) ra g g) "j'=d.=e'E'jtq ! f;i= $ e€un-:j.:oeF = + E F=:: b 5 = t +d"ilO=iii-oOo ... e O O O rl\ .-? rA O O O d=.Zt r^ S S tfJra ra r^ ra {' ztrJtAOrAtAO!r =N O e{ il tl\i2 :J ci d r.r lict6 ta 6 (a ta v 4 uJ UJatI \:/ I o(n c UJ aqA- =6u,l z TJ tr tgz = ==. zgJ tr z U- l^ z ta, =r/J o. 1Dn i<,tt I o >trcII€ 3 4 (a ?o zoz soo oti tnta o \ rAg|Ut4 o E F -9 g z AQ ut ul' o.rA li(a oo €ta cl ! u, o I oIA fl\tt) |'l (n E otA ra ! E glcI cf Ut z tg rrt CJ .U I fg-c;ar =urrtl!= A= 2+<.= =3z=l.EJ9 .9 6 Ut E z () z.<r (J .=l Gdto rJi{ax z z $,Rl ,u'.wa1' .- E:{ZF<'=ot utN. EU() ='Orlj-vre .EA|'q 2IIE uJ '2. o tla T|\ .gJ ul .t I - . t;-.;{ . .tj1 !.!ll u E t ,rE>5F :EI o\() lr'l Itz D = IJ I la IJJ = z.o E Iu T,\ ,h6 |'l| o 7 IItr I IJ o(J (J t! 3 z UJo z 2 tr 3 z IJtr cllt trl rf =z ultr g€u, D E EJ Y< o- 2>- .3 EiitrH.3 <'l olF u, = ! LIJ rrtti rL (toouJ>'17 -t,';= r:- <<=:zY< E(J F!rt o 3 6q .7 l! IJ E I.a d zo ra(t(t IJJ .o lrj € = (,o Elg I I g UJ() o (J Jo I la ul 0. = () .= 0 tt tt- "or ffi ES oh E2, r|\N u€.*taii. :;EEfrtozIJF<:=f 5 = 3.E F#.L-\O 8..9E!t-f,F = t fa l,u =i,r : tt o E.LandscaRinOJll landscaping shall be in accofe with the Approved Development Plans. I F. Height - The maximum height of the Austria Haus building shall be as indicated on the Approved Development Plans. G. Parking and Loading - Section 18.52 of the Town of Vail Municipal Code prescribes the parking requirements for development. A minimum of sixty{hree (63) underground, on-site vehicle parking spaces shall be provided, in accordance with the Approved Development Plans. The required number of loading and delivery berths shall be a total of 1 berth, in accordance with the Approved Development Plans. H. Commercial Area - The maximum commercial area for Special Development District No. 35 shall not exceed 5,402 square feet, or 15o/o of the allowable GRFA, and shall be as indicated on the Approved Development Plans. l. Common Area - The maximum allowable common area for Special Development District No. 35 shall not exceed 12,714 square feet, or 3670 of the allowable GRFA, and shall be as indicated on the Approved Development Plans. J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitied, conditional and accessory uses shall be those listed inChapter lS.22oftheMunicipal Codeof theTownof Vail withtheexceptionof restaurants or similar food service operations, which shall not be allowed. SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: l 1. That the applicant prepare a deed restriction or covenant, subject to the Town Attorney's review and approval, restricting the cunent and futur:e owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with the Eagle County Clerk and Recordeds Office prior to the applicant submitting for a building permit. Otdinance '12 Series of 1997 l,r,r-" MAY AFFE.T "or* r*o,?,t PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on February 25,2002, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a Conditional Use Permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell'/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1 , Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell ArchitectsPlanner: Allison Ochs A request for a final review of a text amendment to Title 12, Chapter 3, Administration and Enforcement, of the Vail Town Code, to establish criteria for consideration for text amendments to the Vail Town Code, Title 12, and setting forth details in regard thereto. Applicant: Town of VailPlanner: George Ruther A request for a Major Amendment to Special Development District #35, Austria Haus, to amend an existing condition of approval prohibiting the operation of restaurants within the special .development district, and setting forth details in regard thereto, located at 242 E. Meadow flgu"/P"rt of Tract B, Block 58, Vail Village l"tFiling' ( {ppiicanr: Johannes Faessier ry' ,n\OtPlanner: George Ruther ?\-'\ A request for a worksession to discuss planning issues and studies that should be recommended to the Town Council for action. Planner: Russ Forrest The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published February 8,2OO2 in the Vail Daily. H7 fl m I:. *g E*.'zzS * FE s,1 aq-35 rs o--5 roE >{.E*\.> $YgK Bq EE$sEn --\.. s- =e br' i .F -r{6S=9S' !2 -3E g2e EEO-u,.Erfrztla d 3E. f p E.=* I4U4t I J,' c o )o2 soo Fs\la' .ga 5c.o olorA ]i6d ,a (J 2o () 2o 0 ,|A 5F ' oF - F tI 2 40 oh UtgL !- 59 2ao U|cg. IAN 3sig =.l=|'t0-sl-*+ e'ii! BS'tL,,- Or'Iil r", F ->"_* :HF = oo dt,} .+ ^!Xs|d9sE '44?to a,. o rA te T'! E I|J49 Ieotl =,- U Ut lrJg5(J oh 'iG ! =Elr ll -u -,5g- =U+E<-3 E+<.=--t9.r---?=J(J .gA ',t ..rtr!,2 I(J .I1 (' ,-g E'33rt.rI n''iNT' ==E',t:iEi 4E lrjF|. c h c\t rA{t =o a T'oo ltlI tr,l cU(t =cJoIA l-F'E ri CLo Jo(J FU a g' JoI ,.o Uq'56{rrS .E !r .F-E-4O 4rl--.0g'F .9f - 4ct.|4- I(J g(t2 Io T'lt,Nlt t.J-oct :6t|,4|r "g(t IIJ g6 tlorA E!,<r D-g . t-t,t J g4o gj =o =.-!|,t-F2fiui '=J-05E ulJ 4 () o o FU g \5 I |,l IJ A - F2o-I UJ g!t i 2 .s(t lto 2 - E ..u" ] - (t g E 4Ig Et .ut E.=,tr .idq> EE .=€ AE e+ UJ-F o !IJFco,lta rg CJt, !,'a= c-<<= =zETto .q |rtFlrl o4 'Ut(t(tg T'g 4 E IIQ 4 -oI a It('(t ci 'ttg It- IIo E 5=I g(t 4t o ta,lI osI 4-o <-gc !t04 t !g cg |a oq (\fl) g(' o orroEllt=i;=Fe6f,rc)r,9.o2o 3 ?.(t a,o L, vo q -co = o 3o6t D oo--aD=OCO;i!.{{{={oo -tixF!xb=;'I F ? 3 FI i 8.3ta!r;'i3e -i s =.F trh nvD4tn .n2e a Jl lU) g) u) gl ul u) u) u) a a u) 001$ YI N N \I t N N ]\) \I U \I h) II;., ;., y b b \ b b b !! ;., i, b ir=trvrOOO{rOOOOrrsOu oDa Ig ,.oO 1t I U) Cl G U) S 5 C) U) C) 0 I I CF8 r., y I y P y 1., P P y I F I y.a = vr 11 O O {r \ O {r Yr O N O O O vr{5O{TOOOUOOOOvTOOO E I =? -tr eD E E E U)r E i fFf o { R Ft-l E 7- (A a E E E Eo (1 -.I s -{ \t()r { Upon Recording Return To: Snell & Wilmer, L.L.P. 1200 Seventeenth Steet, Suite 1900 Denver, Colorado 80202 Attention: Wade Houser, Esq. FIRST AMENDMENT TO RESTRICTIVE COVENANT This First Amendment To Restrictive Covenant (this "Amendment") is made this day of April, 2004 by the Town of Vail, Colorado and SF & Jacaranda Inc., a Colorado corporation to amend that certain Restrictive Covenant recorded on the 24th day of September, 1997 n Book 738, Page247, at Reception No. 634199 in the real property records of Eagle County, Colorado (the "Covenant"). RECITALS A. All capitalized terms used in this Amendment and not defined herein have the meaning given in the Covenant. B. SF & Jacarandq Inc. is the current owner ofthe real property legally described in the Covenant and on Exhibit A attached hereto and incorporaled herein by this reference (the "Propert;r"). C. Pursuant the Paragraph 3 of the Covenant, t}re Covenant can be amended with the written instrument of the Town of Vail, Colorado by an instrument duly recorded. D. The Town of Vail, Colorado and SF & Jacarand4 Inc. desire to amend the Covenant to clarifu the types ofuses that are prohibited. NOW TIIEREFORE, in consideration of the recitals above and for other good and valuable consideration receip of which is hereby acknowledged the Town of Vail, Colorado and SF & Jacarandq Inc. agree to and hereby amend the Covenant as follows: l. Section 2 ofthe Covenant is hereby deleted in its entirety and replaced with the following: The Property may not be used for the operation of a restaurant. The term "restaurant" as used herein means a restaurant which is full service, offering one or more of a complete breakfast menu" lunch menu and dinner menu and which cooks the food offered at the Properfy in an on-site kitchen. The term "restaurant" as used herein does not include a coffee shop, sandwich shop or similar use which involves any one or more of the following: (i) preparation of brewed coffee, tea and/or espresso drinks at the Property, (ii) use of a microwave or convection oven at the Property, and (iii) the sale of any one or more of the following: (a) whole 62Ig2.t I and ground coffee beans, O) coffee by the cup, (c) espresso/coffeeitea-based ddnks, (d) teas and spices, (e) espresso/coffee/tea related equipment supplies and accessories, (f) seasonal, promotional and branded merchandise, (g) assorted food items including, but not limited to, baked goods, desserts , frozet desserts, salads, sandwiches, juices, candies and novelties, (h) books, magazines and newspapers, (i) music merchandise, and O other non-food items. IN WIT|IESS WHEREOX', the Town of Vail, Colorado and SF & Jacarand4 Inc. have duly executed this First Amendment as of the day and year hereinafter set forth- ISIGNATURES ON FOLLOWTNG PAGESI SF & Jacaranda, Inc., a Colorado corpordion By: Name: Its: STATE OF COITORADO ) ) ss.coriNTYoF_ ) 2004,by The foregoing instrment was acknowledged before me on this - day of WITNESS myhand and official seal. ofSF & Jacarandq Inc. NOTARY PUBLIC FOR COIORADO My commission ocpires: TOWN OF VAIL, COLORADO Mayor lsEALI ATTEST: Town Clerk STATEOFCOLORADO ) ) ss. corJNTY OF ) The foregoing instrument was acknowledged before me on this - day of 2004,by the lvlayor of the Town of Vail, Colorado. WTINESS my hand and official seal. NOTARY PI.JBLIC FOR COLORADO My commission expires: By: DG{IBITA Legal Description of Property COMMERCI.AL UNIT C I O I, ACCORDING TO TIIE CONDOMINIUM DECLARATION FOR AUSTRIA HAUS CONDOMINII.JM RECORDED OCTOBER 23, 1998 AT RECEPTION NO. 673701 AND THE CONDOMINII.JM MAP RECORDED OCTOBER 23, 1998 AT RECEPTION NO. 673702IN THE OFFICE OF THE CLERKAND RECORDER OF EAGLE COUNTY. COLORADO ORDINANCE NO.5 Series ol2002 APPROVED AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A CONDITION OF APPROVALTHAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No.35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the VailTown Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner ol lhe property, has submitted an application for a major amendmenl to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town ol Vail has recommended approval of this major amendment at its March 25,2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare lo amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 . Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in slrke{hr€ugh/additions are shown in bold) SECTION 5 J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter18.22oftheMunicipa|CodeoftheTownofVai|. toog serviee operat SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That no rooftop or other exlerior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the Ordinanca No. 5, Series 2002 t kitchen or restaurant area of the Platz'|. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. That the applicant and his successors lully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'l Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator, dated February 5,2002, as may be amended. 4. That all loading and delivery aclivity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 5. The applicant, Johannes Faessler, or his authorized agent, shall cause this agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorder's otfice within 30 days of approval on second reading. Additionally, this same language shall be included in all luture lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant ol the space. Failure to comply with this condition shall cause thls approval to become null and void. NOTE: All other conditions of approval shall remain unchanged. Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining porlions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, senlence, clause or phrase thereof, regardless of the fact thal any one or more parts, sections, subseclions, senlences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabilants thereof. Ordinance No. 5. Series 2002 2. 3. Section 4. The amendment ol any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effeclive date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parls thereof, inconsistent herewith are repealed to the extenl only of such inconsistency. This repealer shall not be construed lo revise any bylaw, order, resolulion or ordinance, or part thereof, lheretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 2nd day of April, 2002 and a public hearing for second reading ol this Ordinance set for the 7th day of May, 2002,in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attesl: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READTNG AND ORDERED PUBL|SHED lhis 7rh day of May,2002. Ludwig Kurz, Mayor Altest: Lorelei Donaldson, Town Clerk Ordinanc€ No. 5, Series 2002 o * *4T'lll^ ORDINANCE NO.5 Series ol 2002 AN ORDINANCE AMENDING ORDINANCE NO.12, SERIES OF 1997, REMOVING A CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districls: and WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 35; and WHEQFAS,.the Planning and Environmental Commission of the Town of Vail has.r-l/, recommended approval of this major amendment at its March 25,2002, meeting,.and has submitted its recommendation to the Town Council: and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in strike threugh/additions are shown in botd) SECTION 5 J. Uses - The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter18.22ot|heMunicipa|CodeoftheTownofVai|.wd++{lffi feed serviee eperatlo sEcTloN 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1, That the applieant prepare e deed restrielien er eevenant; subjeet te the Tewn -#- Reeerder's Offiee Brier te the epplieant submitting fer a building permiF 1. That no rooftop or other extErior ventilation or exhausting equipment (hoods) bE installed on the building for the expressed purPose of ventilating the Ordinance No. 5, Series 2002 ,"J\/.. \l^f,' e/^-'dl d\ , 2. Thatany future proposal to expand the area ofthe restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Plaf'l Bar from Steven J. Calamaris, Town of Vail Environmental Health Goordinator, dated February 5, 2002, as may be amended. NOTE: All other conditions of approval shall remain unchanged.l+dfe Section 2. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining pdrtions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended, The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. t.., ir. Ordinance No. 5. Series 2002 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 2nd day of April, 2002 and a pubtic hearing for second reading of this Ordinance set for the 16rh day of April, 2002, inthe Council Chambers of the Vail Municipal Building, Vail, Colorado $$ Ludwig Kuz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16b day of April,2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson. Town Clerk *1p> ?€aoac, Doc. ,^r[ C 1 8. Crroa,.5-L Chvck-. ?ry o.t tr|'z.;ir ?atott*, Pcyra.e Llo e *.H, I tuuuex Ordlnanco No. 5, Scries 2002