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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 TRACT B VAIL MOUNTAIN LODGE & SPA ETC MISCELLANIOUS LEGALI , /frl\- From: "stacey Allen" <s a llen @vailmountainlod ge.com> To: ''Stan Cope (E-mail)" <spcope@qwest.net> Sent: Wednesday, December 15' 2004 1:52 PM Subject: TOV Bonds l0/02/0l Check :' 6070 $60,000 00 ffi check # 11897 $ 10160.00 - Stacey Allen Accounting Manager Vail Mountain Lodge & SPa 970-477-3236 P 970-476-1770 F /- Lo rn:Yu ov 70//(o,oo lort- Fu^'9 5 ftNO |Er€A* oF C&'Dt f t D t Ttt 'rTt{ fD(,'J P /t /lMltr'r/ (,)--ecn L.t}-"-- ht--L ( rt(9o *'{rBelame CAu,r € t 1tt,/?7 # //8,'/f 7 \'2, -lq-o 5 $Lo F,- 12r62404 'f 15 Benchmark Rd Avon, CO.81620 (970) e49-s99s IRRE\/OCABLE LETTER OF CREDIT Effective D ate', 12121 I 0 4 Expiration Date: A7 13llA5 To: Beneficiaty The Town of Vail 75 South Frontage Road \Yest Vail, CO, 81657 ("I{ereinafter referred to as: Beneficia ry) Re: Customer VML LLC 352 East Meadorv Drive Vail CO. 8165? (Hereinarter referred to as: Custonter) Dear Town of Vail, we hereby open our lrrevocable Letter of credir No E26 in favor of Beneficiary lt is available by drans at sight drarvn on \\'e stStar Bank for an,v sum oI sums n9t 9l-::1dtd the lesser of "ONE HUNDRED SBVENTYEIGHTTHOUSANDTwoHUNDREDNINETYSEVENDoLLARSA.T.DZERo CBNTS,| ($l?8,297) or the t0tal amount due under that specific Promissory Note Dflted tr{ay 26'7004 from VIVIL LLC, as t',er.inutt.i a.fined. and Beneficiary ("Pronrissory Note") for the ac'"'otlttt c'f Vtr{L LLC, ("Letter of Credjt") D;.afts under Le*er of Credit rnust be accompanied b1' an affidavit, signed by Beneficiary stating that vML LLC has faile,l to make pa.vnents in accorCince nith the ternrs and conditions oithe Promissor,v Note iach draft fitust bear upon its face the clause, "Drarvn under Leher ofCredit N0 826 datedDecentber2l' 1004, \YestStar Bank, Avon. Colorado". P:irtial dratrs are not Permitted. Drafts uncler Lerter of Credit nlust be plesented to an officer of WestStar Bank ar the foliolving address of weststar Bank beliveen the hours cf 9:00 a.m, and i:00 p,m. il4onda,v through Friday excluding Holida'vs: \\restSta r Bank 15 Benchrnark Rd Avon, CO, 81620 'fhe amcunt of the draft. rvhich is negoriated pulsuant to rhis Letter of Credit. togethel \\'ith the date of negotiation. r,tust be endcrsed on the re\/erse side of the Letter of Credit' We hereby agree that ijtafts drau'n under this Leiler of CreCit and in conpliance $'ith.its terms' shall be pro,npttl, iro,ior.d if presented at the counters of WestStar Bank as pre'iously defined herein no later than 3:00 P.NI, Mountain Tirne on July 3I' 2005' This Leher of Credit is not assignable and sha|l expire at 3:00 P.]\1, l{ountain Time on July 3l ' ?005, WestStar Bank represents and warrants to Beneficiarl'that full auihorif;- and pouer to issue this Letter of Credir in the toral anlount t.d i;;';;;;.1 oiti*, ti*t.a herein; said iuthoriq'being pursuant to the iaivs ofthe United Srates, or to rn, iiut. or'trnitory uhicrr governs the esrablishment and regularion of\\'estStar Bank. and rhe Wesrstar Banr, ,j|,.t*r, fyf^*1, ,19 oi1,1 applicable rules and regulations adopted Dursuanttherero. Thjsrrraitiriufi.cttoitr.,,UnifonuCusiomandPracriceforDocumentaryCredits (s N a\) .t5'a --_H a\) ctrl} ro (D(D _.9.. ,#HE.i u ('<D.--;- .----lo.!l-a € F:i<J J-r'.5f !J;-1 9+!g. xff 6:c 2o 3 .l d t 9 s c I 14- 3 - f)-l! ED -_\z-€.<r*=.S.Fs Eti; !{'F#u6Pea<e.;a gFH ea$ eQd' 6iEA:a,}r€5a 6.l 53t f'ao9- "i* B'r 'iiiS)g59-&eF .E- { b.' ix {i :t,o CL o- ll -v 5tm G -=--.--:: ---.--.-.- VML Phase V VML, LLC Zehren & Associates Exterior lm provements Valuation csl Section Description Valu ation Commonts 2OOO SITEWORK Landsceping & lrrigation Boulaer !valls at Nor(h el.'ation I Garage entri slib and trench drar^$1.222 I CLrb and Gulter - No:ln street frcntage s2,400 lvluc slab ard brick pa!ers at East et'eEt ffontage sidewalk $10,2E3 I I 3OOO CONCRETE I Stairs & Wall lcr iorrn Fouse A.cess from East street fronlaqe I East Restauront erlensicn focling5 52,s00 East Restaurart sla! on rnetai dea,i s3 100 I ..1 4OOO MASONRY SlvlL v.ra I at l\oith slreet ficntage {fcl \!aterpiocfng)s2,650 Stone & Sionjr Car ai Nodh Site \!all s4 000 Stone & Stone Cap at SE corner staif, landirg and Iestaufant expansion Stone veneef around windows at gardei le!e ofiices at North elevaticn s2,150 I I I EagiReslaJtanl erpaasLon coiunns beams aic rcof deck $ 12,3 50 Stair tail at SE ccrrer st3ir tc To,va douge I Lubir unr( sliee r.:' iiruaiur= ovgr patlc daak 6000 wooD & P LASTIc !ast Reglo!rant erpansLcr s ding 3nd trinr & ''lindovr installat on 7000 THERIVAL -lv'lolSTU RE PRoTECTIoN Ccpper rcofing el East Reslaurant expansion $15,300 :ub n unii sheC rocf - cocper rooiing and liasnrng $6 500 SOOO WINDOW & DOORS Ncrth elev W ndcvrs at gerden level cfiices $3. 12: Car:rge Docr & ren:ors op:rstors $s,300 9000 FIN lsHEs S:uccc'nretal :iap 6l .iimney enclc5'-rre ()1 S\4 acrne $,1,50i I i6000 tui;ciiiir.rlCal silier'rs I Snow lvfelt Easl S iewalks sta rs and lahding at;own House s13 800 ['.l6oqp'' EtiCiniCriL Six lc,,i iighte ara bases at Narth streel liontage $1800 I: t I I TOTALS $165,638 NOTES:- ffiJtltr1 tlfl 00/5u/o ll l(r .lr)i).+l,_rr,, 1 l.()\ IJ,,rrd \\iuk I_sijn c.tt5 6:l7l'tr{ @L.OL53 illt Date of Expiration:ITflfircr NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at the sole cost and expenses, to furnish all equipment and material necessarytoperformandcompleteall improvements,onorbefore JuIy I5, 20n2 The Developer shall complete, in a good workmanlike manner, all improvements as listed above, in accordance with all plans and specifications filed in the office of the Community Development Department, the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: 80Pr Cn:t', D€poaif LETTER OF CREDIT reRltIf Legal Description: Lot 11Rn<r4Btoc*58- Subdivision: \r+i I { r lh-q€ trr Adiless: 35?- 4\sr rntuA,E.uo oQ. , X inoc etp,L r.4 ^, DEVELoPER IMPRoVEMENT AGREEMENT LlL|.q+I ' t- THISAGREEMENT, madeandenteredintothis BftO"y ot OqOW,20 nr fe By and among vMT. - r,r.c (hereinafter called the "Developed), and the TOWN OF VAIL (hereinafter called the "Town") and wesrsrF r Bank (hereinafier called the'Bank"). WHEREAS, the Developer, as a condition of approval of the Vail Mountain Lodqe XffiFdieni{6$ltfi6*{€fE06XF*lb} wishes to enter into a Developer lmprovement Agreement;and Building permit Hffi #,"#i{r\**"^qf4g";:?F:ilffiia1#i:si ;:",*+=nili:mlfuSI""":*,r*ilmi:il:?iri"n*T$',?:following: 1$ \ ' Developer agrees to establish " .""n o"p6lit iitn,nqJ-ouurf}agi in a dollar amount i,jrt"ffi, (125olo of the total cost ottne fflilnbebw) to provide security IMPROVEMENT Attach a copy of the estimated bid. WAIL\DATA\cdev\FORMS\DlA Credit.doc Page 1 of 5 *||. ??14i ." * J Jr t$ {, -1'-l -. %,, 4.*,,1*ltb,r* "'?4t* n-4*' t t i' , *r,.' t' .o' I,,-f t ' i' 'tr Such other designs, drawings, maps, specifications, sketches, and other matter submitted by the Developer to be approved by any of the above.referenced governmental entities. All said work shall be done under the inspection of, and to the satisfaction of, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Town of Vail Community Development Department and Public Works Department. To secure and guaranlee performance of its obligations as set forth herein, the Developer agrees to provide security and collateral as follows: a. 2. lrrevocable with letter of credit #in the amount of $ (name of bank in Eagle County) as the security for the improvements set forth above if there is a default under the Agreement by Developer. 3. The Developer may at any time substitute the collateral originally set forth above for another form or collateral acceptable to the Town'to guarantee the faithful completion of those improvements referred to herein and the performance of the terms of this Agreement. Such acceptance by the Town of alternative collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occuning to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall theTown, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. 5. lt is mutually agreed that the Developer may apply to the Town and the Town shall authorize for partial release of the collateral deposited with the Town for each category of improvement at such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition will the amount of the collateral that is being held be reduced below the amount necessary to complete such improvements. 6. lf the Town determines, at its sole discretion, that any of the improvements contemplated hereunder are not constructed in compliance with the plans and specifications set forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but shall not be required, to complete the unfinished. \VAIL\OATA\cdev\FORMS\DlA Credit.doc Page 2 of 5 lf the costs of completing the work exceed the amount of the deposit, the excess, together with interest at twelve percent (12o/o) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collecteO in ttre same manner as delinquent ad valorem taxes levied against such property. lf the permit holder fails or refuses to complete the cleanup and landscaping, as defined in this chapter, such failure or refusal shall be considered a violation of the Zoning Code. 7. The Developer warrants all work and material for a period of one year after acceptance of all work refened to in this Agreement by the Town if such work is located on Town of Vail property or within Town of Vail right-of-way pursuant to Section 8-3-1. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. \\VAIL\DATA\Gdev\FORMS\D lA Credit.doc Page 3 of 5 Dated the day and year first above STATE OF COLOMDO COUNTY OF EAGLE STATE OF COLOMDO ) )ss. couNTYoF EAGLE ) rL of RB Manager, LLC, Managing member of) ) ss. ) managl-ng VML, LLC member j Al["r';;"'15'S!#tr1-*,20aJ by r lmprovement Agreeme Witness my hand and official seal. My commission expires tfJr---r- Q-zt^ Administratcjr, Community Development me this Witness my hand and official seal. My commission expires: WAIL\DATA\cdev\FORMS\DlA Credit.doc Page 4 of 5 "$tare oF coLoRADo ) )ss.COUNTYOFEAGLE .| The foregoing Developer - day of Wihess my hand and My commission \VAIL\DATA\cdov\FORMSEIA Cndildoc ,/ Agreement wae acknowledged before me this20_ by Notary Public P4c5of5 \rlAL/2681 L7:59 L9748458A4L OXENREIDER PAGE A2 SHAW Ocober 1,2001 Re: Vail MqrMb Lodge * Estilnato for T.O.V. Hardscape at East Meadsr Drive Jay Pacrso Bailey and Peaersqt 10E S, Frurtagc Rosd W€rt, Suits 204 Vail, CO t1657 Fax 476{099 Doar lay; Belqrr we havo pruvided tbe estimated costs for perfoqning fire "T.O.V. work" on the North Sfrb of East Meadow lhive (betrreen thetrno parkhg structure atrances) as we'!e disorssed end a6 described belov. o l{ardscape Denroliticn/Earth'nork/Subgrado prep (l560st +/-) + FlgtworVRadimtlleat(1560sf, +l-) + 6'4" high Stme Yenoer on Parking Structuro lValls (492s\ +1"1 Total Cost= {8.0p0*(n Thadk yott, and if 1ur have rmy quosticns or conunedtt, please call- Sinc-ereln SflAW Conrtruetion L.L.C. cc: Rm Byme \4!IL, L.L-C. (97414766i147 Clad< Atkinsm, Shcril Cmsmuctiotl fith B. Oxmreider, P,E. ^ffi6*n ftro,.r . mop oPF inp s611g's,,rr=.(+f ( her+reo,' eRrda.?hnrcn:i De+idAqe ) Shrw Construction 35! E*tMerdo,rtDrlve Plonc; 9?M77'Ofl I ffi.Q'iiEi"-"'- ,rt'' qzearT'0at6 ' vslllom Th Col4rrY 9ilq hvfumocrghlPArchtucar D.rs t0/1101 --=- DAILYREPORT No.00265 YlitorNrrc TsryRicn Shaw Construction DAII,YREFORT No. ffi265 352 East Mocdow Drive 9?047744I I 9704-77{/16 COMPAT{Y: ShawConstruction REPORTPERIOD: DailY PR(XECT: Vail Mountain Lodge TEMPERATIIREI4?-6o PRECIPITATIONNonc DATE: l0/l/01 DAY: MondaY JOB: 1520 SKY:Cleu ACmwrY (l)sw(':ifiGod€nt3checkedmessagetarrddidwa|kt}rro1g!ofttrcday.Chcckedsc{ffo|ds' l2l Shaw Crew \i/orking on Atbletic club, demoing columrts' (3) Elite r{o*ing on fiaming North Torrver, ftaming sofr* mEh floor. Fretlitrs north wall Grid line 2 to 6rid 5 (4) VogPtmo wottilg on Wct Side. (5) Enpmpas.t is working on HMU Unit [6] Diwisim 6 working on south side' (7) AU Sidc wot*itlg on trird floor. (8) Jorec Strr wo*ing ou lfurat Romt. (9) Fdcon wo*ing on second floor north towr. (10) B&8 wo'rthg ot eccond floor norfh tower, athlctic club' (l l) Ouners Meeting [l2l PH Did ftrcwdk FIBI.DFORCT L\D(X WIND:00'10 C*b;ory Finifh Srecrvision Blectical Phnbhg Sorrct DIV6 ELITE ENCOMPAS VOGELMAN MTTEMP SHAW ALLSTATE B&B ELEC FATCON J$TARR Srpv. Frnn. I Jny. Appr. ) 22 1 { WorkArcr VML VML VML \/ML VML VML VML VML VML VML Rcnertr + I Officc 1 t. I I I I I I I j' I6 l0 SEWE << Make Check Payable To:Return check to ERW&SD, 846 Account No.:88 02 6000 Tap No.: 88026000 Mailing Addresg: Square Footage: 115000 Unitss: SFE: 23 R TAP APPI,TCATIO,N EAGI,E RIVER WATER & SAIiIITATION DISTRICTForest Rd, Vail, CO 81557, Attn: Custoner S-e:rriee Date: L2/30/2004Dist.rict Name: ERW&SD Service Address: TOWN OF VAIL CONFERENCE CEMTER O39O S FROMTAGE RDvAIIr CO 81657 970 / 47 9-2L00 Servj.ce Usage: TOWN OF VAIIJ CONFERENCE CENTER O39O S FRONTAGE RD VAIIJ CO 81657 e70/479-2L0O LOT: 1 BLK: i.&2 FIL]NG: Permit Dat,e: Tap Fee: $ 114586.00 Check No. Sewer Tap Size: ; lbq\5t Applicant has received: Applicant states he/she and Regulations of the Rules and Regulationa: [ ] Yes Water Tap Specificat,ions: [ ] yes has been provided with a current copy of the RuleeDietricE.. Applicant, aEsumee all responsibilities for successora and responsible inDistrict. assignees of the Applicant. Property o$rner(s) wilt be held THE SEWER TAP FEES QUOTED BY THE DTSTRICT ON APPIJICATIONS ARE FEES IN EFFECT AS OF TIIE DATE OF THIS APPIJICATION Al[D ARE SUB'JECT TO CHANGE WfTIIOUT NOTICE. APPLICA}ITS ARE LIABLE FOR PAYMENT FOR THE PROPER SEWER TAP FEES FOR A PROPER1IN EFFECT AT TTIE TTME THE SEWER TAP FEES ARE PAID. Atil.f ERROR IN CAIJCUIiTION OF SEWER TAP FEES. SHAIJIJ NOT REIJIEVE THE APPLICANT OF THE OBIJIGATION TO PAY TEE PROPER FEES. the event of non-payment of alL fees and charges due the Date:tL-Jd €+ AccErr-e4 for the DistricE, tot Diet'ricL use * Cost Recovery Cont,ract: Date: V9ATER TAP << Make Check Payable To: EAGLE RIVERReturn check Eo ERW&SD, A46 Forest Rd, Account No.:8 802 5000 Tap No.: 88026000 Mailing Address: APPIJICATION WATER & SA}TITATION DISTRICTVail , CO 81557, Attn: CusEomer Senrice Dare: t2/30/2004District, Name: ERW&SD Senrice Address: TOWN OF VAIIJ CONFERENCE CEI|I:TER O39O S FRONTAGE RD\IAIL CO 81557 97 0 / 479-ztOO Square Footage: 115000 UnitE: SFE: 23 LrOT: 1 BI,K: L&2 FILING: TOWN OF VAIIJ CONFERENCE CE$ITER O39O S FRONTAGE RD VAIL CO 81657 97 0 / 479-2L00 Senrice Usage: Permit Date: Tap Fee: $ 183310.00 Check No.: \vo\51 Wat,er Tap Size:Meter Size: 3 Applicant haE received: Rules and Regrulations:llYeEWater Tap Specifications: [ ] yee Applicant EtaEeE he/she haE been provided with a current copy of the Rulesand Regrulations of the Dietrict. Applicanu assumes all responsibilities for succeEEore and assignees of the applicant. Property owner(s) will be heldresponeibl-e in the event of non-pa)ment of all fees and charges due theDiEtrict. TIIE WATER TAP FEES QUOTED BY TEE DISTRICT ON APPIJICATIONS ARE FEES IN EFFECT AS OF TI{E DATE OF THIS APPIJICATION A}ID ARE SI'B.fECT TO CHANGE WITHOUT NOTICE. APPLTCAIiITS ARE LIABIJE FoR PAYMEM! OF THE PROPER WATER TAP FEES FOR A PROPERT1IN EFFECT AT THE TIME TI{E WATER TAP FEES ARE PAID. AI{TY ERROR IN CEIJCUI.'ATION OF WATER TAP FEES OF THE OBI,IGATION TO PAY THE PROPER FEES. TIIE APPI,ICAN| By: Date:17-fi-A For DiEt,rict Use AC By: I r the District: 183310.00 Co ERW&SD Date:\Z- ?o-s{ Fhd( + lfurtr Conndtlng Englnorf LLP Ilecembor 21, 2004 REVISED December 16,2004 Mr. John Kudq/aki Fentess Bradbum Architects Ltd. 421 Broadway Denver, CO 80203 Re: Vail Conventlon Center WaterTap F+K Ref. No. N04.25390.00 Dear John: As requested, the follodng are our calqdatons for the nrvater taps for the project A DomeslicWater 475 Fifh Avenue New Yorlq tlY 10017 (2121 532-96@ (2121 689-7489 fax San Francisco Washingnon, D.C Otv Fixture Units Total Fb<lure Units Urinals 7 5 35 WaterGoseb 56 10 560 Lawtories 27 2 u Drinklns Fountain 10 0.25 2.5 651.5 Flxture Units Future Expans'po @ 15%97 Flxture Unlte Total Fi:<ture Unlls 750 Flxturo Unlts PerHunters Curw - 750 Fixture Units equates to: 177 GPI$ Food ServiceAlwance 50 GPM Cooling TowerDemand 0 GPM Totaf Demand Zn GPn Based on a maximum velocity of 10 feet per second in the sewice main rye recommend e S domestic urater seMce. The actual velocity will be appro{mately E feet per second In ducdb lron plpe. 'Fire SeMce The fire demand for the proiect will b€ 1,250 GPM. Based on NFPA-2O, the minimum serMcg she for 1,250 GPM firo pump is S. Should pu haro any questions or information, please do not hesitate to call mE direcfly at (212)951-3901. Senior Mca PrEsUent RS/dh cc: N. Kurk -F+K D. Cooper -F+K L. Zmmermann -F+K Central File -F+K raip.DFdru0l\5prw!.dlllndtnEl/E*DrzHoa.tt(dd!.*l-wLiTD.doc Atrlialed Locations: Berlin, Geimany . London, England Very truly yours, FLACK.'fiURT . Sydney, Auslralla 0l/r012005 Shaw Construction Billy Sallee RE: Vail Mountain Lodge TCO Provide additional infonnation on proposed staging plan before TCO approval will be issued . l. In order to use walk path steps on soutl east side of building. The Vail Mountain Lodge must provide the Town of Vail with and additional insured policy, for the term the construction access ig to be used. 2. Revocable Right of Way Permit is required for access across TOV property on the south, south west side of building.3. Cons8uction schedule, showing when underground parking garage will be open to guest ofthe VML. 4. Construction schedule for work on South east side of building near Vail Valley Drive. 5. Erosion Control Plan for South side ofbuilding.6. Provide detail information on what walk path steps will be use for, construction use only sig! is required. 7. Traffrc control plan for work or any proposed use of Vail Valley Drive dudng completion of construction work to east side ofbuilding. 8. Construction completion date . 9. Bond in the amomt of $ 90,000.00 dollars shall be in place. I recognize that an existing bond is in place for the public improvements tlat are requircd but amourt must total $ 90, 000.00 dollars. The addition amount is required for the following. a) Replacement for curt and gutter along Vail Valley Drive from intersection of E. Meadow Dr.A/ail Valley Drive to Bridge. Cost to be split between Vail Mountain Lodge and TOV. b) Repair damage to walk path light fixtures, walk path stone entrance rvalk way. c) Bond for use of walk path during construction. Vail Mountain l,odge Shaw Construc tion Stan Cope William Sallee Managing Director If you have any questions, please feel Aee to call me at 479-2198 Thank you, Leonard Sandoval Town of Vail Construction krspector. . -., $o'/-cc33 N4EMO RECEryED- JAN ct 6 zoos TOV-COM.DEV. 'f(.): Geolge Ruther FI{O j\1: .lay K. Petelson DATE: December 16,2004 ll,tj: \/ail N4or.rntain Lodge 'l'hc lbllolving is nrr- understiurdiug of the plauning issues u'hich mnst be satisfiecl lrc{bre ir l(]O u,ill be issued for tire Vaii Mountain Lodge (VII4L). I . Five EHU'S arc required for the project. Thr"ee BHU'S rvill be available at tlrc tinic of the TCO rvitli tlie renraining two unils availabie bi,'Februarl.' 1, 2005. - li the tu'o reurariuing uuits are not available by Februaly l. 2005, a tlo irerlroom unit *'iil Lre rented by VML and be available tcr its enlployees by Febntary 15, 2005. 2. 'l-hc patioireslauraut e nclosrtre lvill be completed b,v March 1 , 2005, I All brick pa\:ers, not installed to clate. ivill be installed by June 20 2005, irccordir.rg to apploved plans. 4 All landscaprng rvill be completecl b1, .lrme 20,2004, except for the rvest side of the lruilding rvhich u'ill be completed at the time of a TCO. '. '[]rc tlr'ivcu'av u ill be replaced aud snorvnrelted trr' .lune 20. 1005. tr. 'l'hc sor.rth side of the building rvill be finisli graded at the timc of a TCO and ianclscaped b1'.1,u.t. 20, 2005. 7. Trvo Torvn of Vail benches irar,e been ot'dered and pard for and rvlli be irrstalled upon an ival. l, i lre south patio and hot tub area rvill be completed at the time of a TCO,(). fhc patro and stainvay for the tolr,u home r.viil be completed by January 10, l(t()S. Tliis is a change frour our cliscussion. The stone veneer for the patio * tll rvill be completed by June 20, 2005. l(r. Tlre ar:ea by tlte southeast corner of the building including all ituprovements iurcl landscaping rvill be courpleted by June 20, 2005. i i . Because of ongoing constrrrction and the desire to keep construction activity' ' rvitlrin the bLrilding, we inteud otr usiug the underground garage area as a construcriol'l storage area until Februar"v- 15, 2005 subject to youf conseut. To '.t l)r'o\rlde parl(ing during this time, u'e liave leased 14 spaces at Crossroads to r,roltlperlsat€ lbr the lost parking. 12. ..\ sruall Constructiondumpstelrvill remain on siteuntil Februarr, 15.2005 in the tlriver-vav area, just to tlre east of the garage enrrance. The dumpster u,ill bc screened by a fence. 13. As a general note, the exterior of the building rvill be conpleted at the tirne of the TCO. except as folioq's: a) The area under the cantilevered portion ofthe nonh side of the buildrng rvi1l be painted tellporarily rvith final completion upon delivery ot tire u,indorvs for that area. Lr) The installation ofa shed roofto be located on the Lubin deck has uot ireen installed due to design issues. Tl.rat portion of the building has not cl.rauged flom previous approvals, and lte nay forgo this change. c) lr{iDor iterns rvhicl.r can be completed ftonr tl're ground or a step ladder . may be completed after the TCO at the sole discretion of the building l1'lspector. lrl. All exterior ttents not cottlplete at the time of a TCO ivill be bonded at a late ol'1509'0. I be lici,e this accr.rlately reflects ou1 undelstalldiug, horvever. piease contact me if i rrnr in error even though that n'ould be ltard to beireve. tr Duplex Subdivision Plat $100tr Single Family Subdivision Plat $100 Application for Administrative Subdivision Plat Review DeparBnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2L39 fax: 970.479.2452 web: www,ci,vail,co. us General Information: It is unlawful for any person, business, or corporation to violate any of the prot/isions of Title 13, Vail Town Code, or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel. site, separate interest (induding a leasehold interest), interest in common, condominium interest, time-share estate, fractional fee, or time-share licelse, or any other division within a subdivision within the Town until such subdivision has been approved in writing by the Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County Clerk and Recorder. Type of Application and Fee: Descriptlon of the Reque"tt Location ofthe Proposal: Lot: Physical Address: earcerr,ro.:Zl0l a&otr(<f0t0 (contactEagleco.Assessorat9T0-328-8640forparcelno.) Zoning: ?. F Mailing Address: Owner(s) Signature(s): Name of Applicant: Mailing Address: Phone: D Administrative Plat Correction F4{-ondominiumfiownhouse Plat $100 $100 -Block:- Subdivision: Name(s) of Owner(s): E-mail Address: r24@t-coM.DEVF:\Users\cdev\FORMS\PEC\admin3lat_review_cover.doc FIFI'H AMENDMENT TO AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR VAIL MOUNTAIN LODGE CONDOMINIUMS VAIL, COLORADO Tliis Fifth Amendment ("Amendntent") to the Restated Declaration (defined belorv) is rrrrclc arlcl entcred into by VML, LLC, a Colorado limited liabiiity compalty ("VML" or "Hotel Unil {Jrvrrer"), and the Vail Mountain Lodge Own_erp Association, Inc., a Colorado nonptofit corporation (tl.re "Association") anci is dateJthis /8bauy of .ianuary,2005 and shall be effective rqton recordation. RECITALS A. The Amencled and Restated Condominium Declaration for the Vail Club Condominiums was recordcd witlr the Clerk and Recorcler for Eagle County, Colorado (the "Records") ou .lanuary 3, 2000 at Reception No. 719433, arnended by that First Amendment recorded Fcbluary 15 , 2002 at Reception No. 786161 , amended by that Second Amendrnent recorclecl .ltrne 10. 2002 at Reception No. 798231 (the "Second Amendment"), arnended by that Tlrird An.rcnclnrent recorded November 14,2003 at Reception No. 858005, and amended by tirat Fourlh Anrerrclment recorded December 22,2004 at Reception No. 901521 of the Records (as atlended, tlre "Restated Declaration"). Capitalized terrs used but not otherwise defined herein shall have the mealing set forlh in tire Restatcd Declaration. B. The condominiurn map of the Project is currently that certain Second Anended and Restated Condominium Map on February 15,2002 at Reception No. 786160' as supplemented on November 14, 2003 at Reception No. 858004 and funher supplemented on December 22..2004 at Reception No. 901-522 of the Records (the "Restated Map") which depicts cerlain Resiclerrtial Units, Convefied Condominium Units (and, accordingly, Special Condonrinium Units) and Units submitted to The Residences at Vail Mountain Lodge. The Restated Map firrther depicis the Athletic Club Unit, the Restaurart Unit, tire Hotel Unit, including certain accommodation units therein, Employee Housing Units, and relocatable Access Easements areas. including the Center Stairway. C. Sections 2.4 and 5.4 of the Restated Declaration authorize VML, as Hotel Unit Ownet', to srtbclivide and conrbine portions of the Hotel Unit into Converted Condominium Units (atrd, accolclingly, Special Corrdominiuur Units) upon tire inclusion rvithin a supplemental map of a statement that tlre sr-rbdivided and combined unit is a Converted Condominiurn Unit (and, accortlinglr,. a Special Condominiuur Unit). Section 5.5 of thc Restated Declaration authorizes VML. as the Or'vner of the Eurployee Housing Units. to substitute, subdivide, combine or reconllgur-e the Ernployee Housing Units, irr conrpliance with the requirements of the Town of Vail. Section 7.2 of the Restated f)eclaration permits relocation of cerlain Access Easements within the Pro ject. D. VML, as an Expanding Owner under Section 20.2 of the Restated Declaration, has erecled upon, improved, altered and improved porlions of tlre Pro.ject, specifically (i) subdividing ancl converting porlions of the Conrnrercial Units into Unit M as a Converled CondomriTium Unit (and accordingly, a Special Condominjum Unit), with appurtenant Limited CO DOCS A 1i154131 v2 Commott Elenrents; (ii) subdividing and conveftirrg porlions of tlre Commercial i..lnits into Units I( N and P as C'onvetled Condominiurn Units (and accordingly, as Special Condominium Units) with appurlenanl I-imited Comnror Elements; (iii) subdividing, cornbining ar.rd converting the accommodation units within the Hotel Unit, together with certain Limited Comrlon Elements appurlenant to suclr accornmodation units (and to the Hotel Unit); (iv) subdividing and combirrilrg thc existing Enrployee Housing Units as accommodation nnits for the Hotel Unit and substitttting, sLrbdividing and convefiirrg porlions of the Hotel Unit as new Empioyee Housing Units; (v) altering and relocatrng celtain Common Elements and Limited Conrnron Elements of the Cottrtuercirl Units; and (vi) relocating cerlain Access Easenents, all as more fully descnbed ar.rd depicted on tlre Thild Restated Map (collectively, the "Expanding Renovations"). VML further desires Lo lecalculate the Allocated Interests in accordance with the Restated Declaration. E. VML desires to subnrit tlie newly fonrred Special Condominium Units K, N and P as Residences to the pl'ogram of The Residences at Vail Mountain Lodge. F. Contemporaneously with the recordation of this Fifth Amendrnent., a Third Amended and Restated Map ("Tliird Restated Map") depicting the Expanding Renovations and rnclucling such statetlents as recluired by the Restated Declaration, shall be recorded in the Records. NOW. TI{EREFORE, VML hereby declares and publishes, with the approval and consent of thc Association, as follows: L Clonversion of Porlions of the Commercial Units and Exrlandinq Renovations. In accordance lvith Scction 20.2 of the Restated Declaration, porlions of the Project have been expanded. erected upon, improved, altered and integrated as Expanding Renovations. Expanding Owner'her:eby certihes that the Expancling Renovations set forth on the Third Restated Map are Expanding Rcnovations without a Material Adverse Affect. In accordance with Sections 2.4 ald 5.4 of the Restated Declaration, tlre Expanding Owner, VML, subdivides and combines portions of the Pro.lcct as new l-Inits M, K, N and P, rvith Liurited Commor.r Elenrents appuftenant thereto, tlilough tire Expanding Renovatior.rs and converts Units M, K, N and P as Convefted Condonri:riurl Llnits (and, accordingly, as Special Condominium Units). By designation as a Specral Clonclonriuir-rm Unit, Units M, K, N and P shall each include all appurlenant rights :rnd benefits of a S1;ccial Condominiun tlnit Owner set forth in the Restated Declaratiorr. Such applr:tenant rrghts and benetlts shall not be sold, assigned, transferred or pledgecl ap:Lrt from the Special Corrtlorrrirriunr Unit. 2. Reallocation of Percentase Iliterests. VML, as the Expanding Owner under Section 20.2 of the RestateC De:la;atio;r, in orcler to reflect the subdivisior.r and designation of the new Specrrl Condominium Units in accordance wrth Sections 2.4 and 5.4 thereto and in connectrorr t,iih the other Expanding Renovations, hereby recalculates the Cornmon E'lements Percentage. Hotel Operating Costs Percentage, and Votes allocable to the Project as set forth in Exhibit A to lhis Anrendnrent whicl.r amends and restates Exhibit B to the Restated Declaration, "Descriptionof'Allocatedlnterests,"initsentirety. VMLherebycertifiesthattherecalculated and aurentlctl C orrtmor.r Elenients Percentage. I{otel Operating Costs Percentage and Votes do not matenally ;rlter the allocated interests of the Owners of Units A, B, C, E, F, G, H, J and L. CO_DOCS_A #154131 vz -1. Lodee. VML, as Hotel Unit Owner, gives this notice and states its intent to submit Special Coudouriniunr Llnits K, N and P to the progriult of The Residences at Vail Mountain Lodge in accordance u,ith Section 21.1 of the Restated Declaration (set forth in the Second Amendment). VML also slales the Residence Percentage applicable to this submitted Residences and recalculates thc Rcsidence Percentages allocable to all Resjdences as set forth in Exhibit B to this Anrendnrcrrt. u'hich anrends and restatcs Exhibit B to the Second Amendrnent, "special Conclotrinirrrr [Jnits Submitted to The Residences at Vail Mountain Lodge," in its entirety. The prorated share of Assessments (including the Residerrce Assessments) allocable to each Residence and to each Resi.lenc,: Week is also set fofih on Exhibit B to this Amendment. 4. Additional Expandine Renovations. The Expanding Renovations also include, in accordance with Sections 5.5,7.2 and20.2 of the Restated Declaration, and as depicted on the Third Restated Map, the subdividing and combining of accommodations units within the Hotel Unit (which are renumbered on the Third Restated Map), altering and relocating of certain Limited Corltnon Elemcnts appurtenant to such accornmodation units (and to the Hotel Unit) aud to otlter ('()nlurercinl Urrits, subdividing, combining aud converting the existing Employee Housing i-.nil"s ls accourmodation units f<x the Hotel Unit and substituting, subdividing and converting portious of the Hotel Unit as new Entployee Housing Units, altering and relocating certain Conurron Elerlerrts, and relocating certain Access Easements. VML further certifies that the relocation of Access Easements as shown on the Third Restated Map is in accordance with Section 7 .2 of lhe Restated Declaration. Accordingly, the Restated Declaration is amended as follows: a. Emplovee Hor.rsing Units. Section 3.22 of the Restated Declaration is anrcnded and restated in its entirety with flre following: 3.22 "Emplovee Housine Units" means Units 12, 13, 14,5l and 52, shorvn on the Third Restated Map, or snch other substituted t,nits used lty the Owners of the Hotel Unit, Athletic Club or Restaurant Unit to satisfy requirernents of the Town of Vail for enrployee lrousing except to the extent it becomes a Converted Condominiun Unit. b. Hotel Urrit. Section 3.29 of the Restated Declaration is amended and restaleci itr its entirety with the following: 3.29 "Hotel Unit" means Unirs 3, 10, 11, 15, 16, 22 llrrough 28,32 through 35, and 4l tlrrough 45, inclusivc, shown on the Third Rcstatcd Map, which ale currently operated as a hotel and furtlrer described in Section 5.4 except to the extent it becomes a Converted Condominium Unit. 5. First Moftsasee Consent. As provided by Section 16.1 of the Restated Declaratiort, the First Mortgagee executing this Amendrnent below hereby consents to the Expanding lterovatiou, to anrendment to the Restated Declaration, and to all other matters set forth irerein and in the Third Restated Mao. CO_DOCS_A 11154'.31 v2 (r. Approval of ihe rissocizitiou. In accordance with Section 4 and Section 17.4 of the Restated Deciaration, the Association lrereby approves of the amendment and restaternent of the Restatecl Map by the Third Restated Map, and to the amendment of the Restated Declaration by this Arrendrnent and to the additional obligations imposed thereupon the Association herein. 7 . Miscellaneous. ir. Conflict Between Docurnents. In the event of any conflict between the plovisions of this AnTendment and the Restated Declaration, tl.ris Amendment shall couttol. A reference to the Declaration or Restated Declaration or to the Amended Map, Map or Restated Map in any document or instrument shall be deemed to include this Attte trdntent and the Tlrird Restated Map without any furlher or specific reference thercto. b. Choice of Law. This Arnendment shall be construed and interpreted in accot'datrce with the laws of the State of Colorado without resard to its conflict of laws princ iples. c. Counteflcart. This Arnendment may be executed and acknowledged in two or tttole countetparls, each of which shall be an original, but all of which shall constitute one ancl the same docun'Jnt. CO_DOCS_A #154131 v2 Executed as ofthe date first set forlh above. VML, L.L.C., a Colorado limited liability company By: American Hospitality, Inc., a Colorado STATE OF COLORADO COT]NTY OF EAGLE The foregoing insfiument was acknowledged before me this ,|{?"t of January, 2005 by Stanley P. Cope, President of American Hospitality, Inc., a Colorado corporation, as attorney- in-fact for VN4 L. L.L.C.. a Colorado lirnited liabilitv companv. Witrress nry hald and official seal.tl ./j(x"*f,WL Notarv Public My Cornmission Expires SS: American Hospitality, Inc., a Colorado corporation, as attogney-in-fact for KAREN BIGGS NOTARY PUBLIC STATE OF COLORADO lr.ly Commission Ev:iires Mar 16,2006 DOCS A #1 541 31 v2 VAIL MOLINTAIN LODGE OWNERS ASSOCIATION, INC., a Colorado nonprofit conroration By: Its President STATEOFCOLORADO ] ) SS: COIINTY OF EAGLE ) Thc tbregoing insflnnrent was acknowledged before me this i$f Auy of January, 2005 uv Mr\:lnal S' tlu^vton , as Presideit, ^dayfufu,-Y-'b-&.-, as Secretary oi Vr,it ff4.r*t,*1 Lodg. O**rr A.ssociation, tn.., a Cotoruao no$ront co.po*tionl flklaYail Club Llontiomi n iurr Association, lnc. !\i rtrrcrs nry hand and oflicial seal. KAREN BIGGS NOTARY PUBLIC STATE OF COLORADO My Commission Epires Mar 16,2006 Notary Public co Docs 'l$*-ADffi* M),(-'onrrnission Expires Zl tV lO tt [Signature Page to Fifth Amendment to Restated Declaration] A #15413'1 vl MORTGAGEE: The undersigned First Mortgagee hereby consents to and joins in the execution and recordation ofthis Amendment and the Third Restated Map. WESTSTAR BANK, a Colorado state chartered bank By: Name: Its: STATE OF L-OLORADO COLINT\'OF EAGLE ) )ss ) The lblegoing instrument was acknowledged before me this lt Ouy of January, 2005, by - ttq,t€* Vqlalh- of weststir Bank, a Colorado state chartered bank. Willess rny hand and official seal: ,n 7/$41/Wt/4/-- NoraryPublicI My Commission Exiires Mv Commission Eplres 10/2112006. [Consent Signature Page to Fifth Amendment to Restated Declaration] co Docs A H154131 u2 EXHIBIT A TO FIFTH AMENDMENT Unit # Type of Ljnit Use Hotel Square Gommon Operating Cost Foolage Elements % Percentage Votes 10 't'l ,t6 16 ZJ 25 26 28 32 a'l u 41 42 44 45 12 13 14 51 52 Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accomrnodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodation Unit Accommodalion Unit ' Accommodation Unit Employee Housing Unit Employee Housing Unit Employee Housing Unit Employee Housing Unit Employee Housing Unit Commercial Commercial Commercial Fractional Fee Unit Fractiolral Fee Unit Fractional Fee Unit Fractional Fee Unit Fractional Fee Unit Fractional Fee Unit Fractional Fee Unit Residential Residential Residential Residential Reside|ltral Residential 20 Hotel 19 Hotel 18 Hotel 17 Hotel f0 l-;otel 15 Hotel 14 Hotel 13 Hotel 12 Hotel '1 1 Hotel 10 Hotel 9 Hotel I Hotel 7 Hotel .6 Hotel 5 Hotel 4 Hotel 3 Hotel 2 Hotel 1 Hotel EHU EHU EHU EHU EHU Hotel Athletic Club & Spa Restaurant Residence Club Residence Club Residence Club Residence Club Residence Club Residence Club Residance Club Whole owned unit Whole owned unit Whole owned unit Whole owned unit Whole owned unit Whole owned unit 317 384 449 2,193 18,795 x,407 1,257 1,891 1,886 1,316 2,045 1,772 2,053 2,772 1,829 3,8,r3 4,809 1,U2 2,531 64,960 0.700k O.71o/o 0.98% 0.770k 0.68o/o 0.68% Q.820/o 0.7 50/o 0.680/o 0.670k 0,75o/o 0.690/o 0.68% 0.810/o 0.600/o 0.670/o 0.670k 0.730k 0.63% O.45lo 0.49% 0.49Yo 0.59% 0.69% 3.38Yo 28.93% 5.24o/o 2.00o/" 2.91V, 2.900k 2.030/" 3.1 5o/o 2.730/" 3.160/o 4.270/" 2.82. 5.92o/o 7.40'/. 2.220/, 3.90% 100.00% 1.06% 1.O7% 1.48yo 1.16% 1 ,0?o/o 1,02% 1.23% 1.13Vo 1.02o/o 1.00Yo 't.13% 1.O4Yo 1 .O3lo 1.23Yo 1.O1% 0.90% 1.00% 1 .O07o 1.1OYo 0.95% 0.00% 0.007o 0.0070 0.00% 0.00% 5.08% 2.50Yo 2.50./. 3.01% 4sgok 4.370/o 3.05% 4.74%o 4.11% 4.760/o 6A?% 4.240/0 8.91olo 11.14Va 3.34% 5.97V6 100-00Yo 0.70 o.71 0.98 0.77 0.68 0.68 0.82 0.75 0.68 0.67 0.75 0.69 0.68 0.81 o.67 0.60 0.67 0.67 o.73 0.63 0.45 0.49 0.49 0.59 0.69 3.38 28.93 5.24 2.00 2.91 2.90 2.O3 3.15 2.73 3.16 2.82 5.52 7 .40 3.90 100.00 457 460 638 502 42 442 532 489 439 433 489 450 443 529 435 38S 432 432 476 408 295 317 3 1 J F H K N P t F M EXIIIBIT B TO FIFTH AMENDMENT Special Condominiuri Units Subrritted to The Residences at Vail Mountain Lodge The Resiclence Percentage for each Residence is shown above, as reallocated from time to time in accordauce rvith Section 21.3. Each Owner of a Residence Estate is allocated aprorata share of the Conrmon Elements Percentage, Hotel Operating Cost Percentage, Votes and Residence Percentage based ou the number of Residence Weeks owned by such Owner in each Residence. Subj ect to adj Lrstment as provided in Section 2 1 . 1 O(c)(iv), each Residence Week is ailocated a pro rata sheue of 1.92%. While the Association owns the Residual Residence Estate (consisting of 20 weei<s), each Residence Week owned by an Owner other than the Association will be allocated an acljusted prorati sha.re of 3:125% and the Residual Residence Estate will be allocated a prorata sha-r'e of 0%. For example, an Owner of a Residence Estate consisting ol four (4) Residence Weel<s in Residence E would be allocated a 12.5o/o prorata share of the Residence Percentage ibr Residence E (15.42%) yielding a Resideuce Percentage allocated to such Residerrce Estate of 1.93%. Sinrilarly, such Owner would have a 0.364 vote in the affairs of the Association. Should the Association own the Residual Residence Estatc (consisting of 20 weelcs), each Residence Week owned by an Owner other than the Association wiil be allocated a prorata share of3.125% and the Residual Residence Estate will be allocated a prorata share of 0%. Unit No. Squale Footage Corunon Elements 7o Hotel Operating Cost Votes Residence Percentage E 1,891 2.91%4.61%2.9r 15.43% G r,886 ) Qn.OA 4.37%2.90 15.38% FI r ,316 2.03%3.05%2.03 t0.730h .l | )q1 2.0004 3.010/o 2.00 10.s8% K 2045 3.15%4.74%3.15 r6.68% N 1712 2.73%4.Ir%z.I3 14.45Vo 2053 3.16%4.76%3.16 16.75% CO_DOCS A #15a131 v2 'l'he 'l'hird Atnended ancl Restated Condorninium r\'Iap TIIII VAIL }V:OL]NT/\IN I,ODGE CONDOMINIUMS ,TOWN OF VAIL, EACLI] COT]NTY, COLORADO ? sf,r.i ac*rs3 (.. itro:.. .{,.fd c6n* Erair, P-;,r.' rh 46rtr * s*'._ (e s.d,,r ur br ftr rh6d6fl '..d/drd lo{.r'r 15 ('hnino"gd'.d,f..""" /cr (r ,'r!r.rd c&!!45 r1lllqI 'it x!" m o qk'd 'oi tr l'r'd, 05 rod dr' cdr'4&.ro|.con'l!dnh.in-lill dtdn'{orrhid'm|d6dc i;;i.t ri! shh!" 6 .ld.J upd th. td n .o.'rrdi.. nrh .rp*oc. 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CO &620 EACTE co 8631(970,74a4274 (970)328-1900 (9m) 7r8-€O2r FAX G70) 328-l{Fl FAX THtr VAIL MOUNTAIN LODGE CONDOMINIUMS TOffN OF VAIL EAGI.E COUNTY, COLORADO m frcci REv . srut , fatrff no uar . !'qt BD ,!c$ .lv i dlrf The Third Amended and Restated Condominium Map SECTION E-E 1" = 1O' $iel ,anD{ d,!6 4.1 - fi{t ffi f:l tT-"=l NS UNIT cot{{st ELE|{ENT LI'IiIED CO}IIION ELE}€NT GCE) .RELOCATABLE ACCESS EASEIIENT (RAE) SECTION F-F 1" = 1O' Tt|A VA|l IrOUm/\N LOtXtE COXOOTtrtTruMS cEoss sE4'flolig E {r F @uxtv oF EAota, sf^iE oF cotoMDo MARCIN ENGINEERING LLC P.o Aor 1062 P.o, Bor 5otrA\roit co 8t82o EAotE @ 816{ll@mr?{a..a €m) 32r-F00@m)TeezlF& (970) 321-tol FAx The Third Amended and Rest,ated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS T()ilN OF VAII, EAGT.E COT'NTY, COLORADO rdr eN d0 aur. !lta{ sEcrtoN c-c 1" = 1O' tm nI| u atl. ||67 LfGEND ffi uur I cor.uoH eltuexr ffi rnrrer coMMoN ELEIIENT <rcEt [] ntocnrnrle Acccss EAsEHENT (RAE) MARCIN ENGINEEzuNG LIISECTION D-D Fo. Bor'l6C P.o Box 50S Ar/ot{ co Et620 EAGa€ @ dc{n$r70r74-o24 (970'S2t-b@ (970) za{?t FAX (970) 328-tol FAX TTE V^lL MOUITTAIN LODOE E)NDOMINIUI$ cnosssEcno s c&o coul.rlv oF f,AOLE. SIAIE OF COLORADO The Third Amended and Restated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOWN OF VAII4 EAGI.'E COUNTY, COLORADO ,o* nl(i ary - a|60 u4 tuil c|a t:{ - firn{ r6i ,{x q cs en . .rid./ LEGEND Lr#'Lii.l f-:Lr 101:1 I,:L€ IhlI l;::91f-Il ELEIIENT CAi4}1ON ELEMENT (LCE) SECTION A-A 1" = 1O' SECTION B-B 1" = 1O'ffi urur f]] carNolr [!! rrNrrer MARCIN ENGINEERING LLC N RELoCATABLE acc€ss EASEIIENT GAE) P.O. Bor t 62 Po.gor 5OBAVo[ CO 6tO20 EAd.E, CO 8l€il @70r74€4t 1 €70) @8-mo(9Xt) 748-go2t FAX (970) 328-t0t FAX f The Third Amended and Restated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOIIN OF VAIL EAGI,E COUNTY, COIORADO { FIFTFI FLOOR L" : 1()' FLOOR ELEVA'I'ION : a2o4.5 f o-- (j,F- --+ ------{+ MARCIN ENGINEERING LL( JJ i .$ l ffi Em UNIT COMMON ELE ENI LIIIITED COI,IIION ELEXENI (LCE) tl ii J [lIL ri rl-li L t;--']rTil -" L*effiIl lF--*: 1r ----'rr I tlItre.lt rr r.F:, I tF+-:-+rr:]I..t E-fl L.::::::JJ tl rrsF-ii Po.Bortaz FO.Botr SB Aro|{ co 8r&o EAo..E, co EFols70l7eM14 (970928-r9fit $70t74€"{oztFld, (ylo)3,E-m|FAx II |\ Y li { r }--_ LEGEND ffi uur I couuor rrrrrur EE LF{rrED corrtoN lLrMrNr (ct) ffi nerncarnrrr AccEss EAsEMENf The Third Amended and Restated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOWN OF VAIL. EAGI,E COUNTY. COLORADO F'O UR'I'LI F'LOOFi L" : 10' FLOOR ELtrVATION : 4195. O --o -__-{t,). MARCIN ENGINEERING LLC IIIIJJ I I A(c) P.O 8011062 PO. Eot 50F A\,oN CO 8b2O EAd-E CO 8tB1agtor71€'4274 (S7o)C2!-FOO (e7d7,(9-9oAFAX (070) 328-Dol FAX The Third Amended and Restated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOIYN OF VAII,, EAGI,E COUNTY, COLORADO T'FIIRD ITLOOR 1" : 1O' FLOOR EI-,E\/ATION : 4143.9 .6 I I If IK Y I' {. >-- rcf to wT c IJNIT coHt'toN ILtHENT LIHITEI} COTIiION ELEiIENT (LCE) RELOCATABLE ACCESS EASEiIENT (RAE) ffi E N MARCIN ENGINEERINC LLC P.o. Bor 5Ol EAC|€ CO StOOl (070) 326-f00 (c/o) 326^t0t FA)( P.O Bor 162 A\lCil, CO fi620 (970t 7$-Ot74 @70t748-a/}ztFAx o_ o_ The Third Amended and Restated Condominiurn Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOTVN OF VAII" EAct.E COUNTY, COLORADO StrCOND FLOOR FLOOR ELEVATION : 8174.4 II K Y I' ffi E:3 N -',1 L(t) CEMI|ON ELE}'ENT LII{ITED CI}MHO ELE}IENT GCE) RELOCATABLE ACCESS EASEI{ENT (RAE) MARCIN ENGINEERING LLCTBE VA|L MorntllN LOECE COnDOI'lfiruMS SECOND FIOOR cor.,,$lY oF E o,-8, stATE oF cotoSrlro P.O, Bor f62 Po. Bor qrl6 AVo|| @ 8FA0 EAd-e co 6|60l o70r 7Mn4 (g70) 326-rO0 OrOt 74-*21F1\X O70r 3AE-aoI FAX The Third Amended and Restated Condominium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TOWN OF VAIL EAGLE COUNTY, COLORADO a I -----o lI K Y l, LEGEND ffi E f.::a [::1 UNII CIMHON ELEMENT LTMITED COTTHON fLf,HENT (LCE) RELOCATABLE ACCESS EASEMSNT (RAE) FIRST FLOOR I" : 10' .t'LO()R ELEVATION : a165.2 MARCIN ENG]NEERINC LL( PO- Eor '1002 P.O. Bor 5oA A\roat co 6t620 EA(I€ co ElGSl(9.70r71E4n4 (S70) 32t-fr(, lc70r7/6-f{JaFrx. €70) 02s-f0l FAx The Third Amended and ResLated Condominium Map TI-IE VAIL MOUNTAiN LODGE CONDOMINIUMS UPPEIi HEALTH CLIJB 1" : 10' FLOOR ELEVATION : 8158.4 TOIYN OF VAIL, EACLE COIJNTY, CO 6)I I LORADO (.) I I @B f1tu F:] UNIT CAMXON ELE}'IENT LIHITED COIIMOTI ELE ENT (LCE) RELOCATABLE ACCESS EASEI(ENT (RAE) II Tlta vat ourr rx LoDGE coltDoufttuMs LOWAT HEIIIH CtUa c\o{JMa ot EAGLe, s'TAt€ oF cotoMDo MARCIN ENGINEERING LLC PO. Bor 1062 F.o. 8or 5OBavott@ Eb20 EAo€co 8l6arl(gm)744274 (o70)326-p0o ('7o) 7,€-sr2r FAX onr) uE-fol FAx The Third Amended and ResLated Condorrrinium Map THE VAIL MOUNTAIN LODGE CONDOMINIUMS TO1VN OF VAIL EAGI,E COUNTY, COI,ORADO ,1.II P) II ffi Em UNIT COITIHON ELEMENT LIMITEI] CO|IIION ELEIIENT (LCE) LOWER I.IEAL"I]H CLIJE} L" : 1()' FLOOR ELEVATIoN : aI45.7 MARCIN ENGINEERING LL( P.o. 8or 862 FO, Box 5oA Arro+t co rt20 EAGIE @ 81831tg7o'r74t+21 (e70)32t-!00 tEmt 74-*2lFtx. (e70) 32'-ml FAx I gnivgrR.AurN ASSocrA-tlES, rNC" PI.ANNING and COMMUNITY DEVELOPI"IFNT Febrvary 20,2OOZ Georqe Ruther Chel of Plannnq Town of V ati 75 3. Frontaqe Road Varl. CO BlG57 Re: Varl Mountarn Lod7e - Lockoff 3q. Ft. Dear Georqe: I wanted to thank you for meebnq wfth me last Fnday to reuew the VML Vrolecl wfth respect to exrsLnq dwellnq unft sq. ft. and accommodahon sq. lt, lt waE helptvl lor me to rvn throuqh the glans wrth you n ?ercon so that we were able to vnderstand what ensted n lhe buldtnq belore the redeveloVment Vrolecl beqan. Based on th's meebnq and yovr revew of the Town Code we both conclvded that the e*sLtnq dwellnq unls and aLtached "lock-offs" are all constdered exstrnq dwelhnq vnft GRFA. Thrs conclvEton was arr:ed aL based on how lock-offs are treated n other multrple-famrly butldtnqs (.e.,lock-oft cq. fL. comes from the allowable GRFA for the Vroperty). Addrbonally, the crftena lor a lractronal fee clvb were rewewed. The ?erhnenL cntenon states Lhat: "b. Lock off unrts and lock off unrt 5quare lootaqe ghall not be ncluded n Lhe calculabon when determnnq lhe equvalency of enstnq accommodailon unrtg or eqwvalency ol extstnq sqvare footaqe." Thts crftenon does not allow enstnq or Vroposed lock-offs Lo be covnted ag accommodalon unrt =q. lt. and lherelore mvsl be consrdered dwellnq unrt GRFA. It aVVears lhat we wrll hkely be mabnq applcabon to the Town for chanqes n the development ?roqram on lhs butldnq. Pnor to thal we wll prowde you wrth an analyas oI where the Vrolect s today wfth reqard lo our aVproval and the Tonnq Reqvlattons and how we Vlan to proceed wtth the prolect, Edwards Village Centei: Suite C-209 0105 Edwards Village Boulevard Post Offlce Box 2658 Edwards, Colorado 8 | 532 ?h. - 974.926.7575 Fax - 97A.9)6.757 6 wwwbraunassoOates.com Thank you aqarn lor your coo?eralron on the Vrolect. We understand that thrs prolect has not been an easy one on the Town staff. llowever, from our Terspechve the Town has been extremely cooperaL:e and lhe propct has develoVed rrrto a remarleble landmark n the lown of Varl. ll yov have any qvesilons please call me at 926-7575. Jay Peterson FEB-13,-aA@ 16: 46 FRt)4: ERAUN ASSOCTES s7as?6is16 P.AA!/gB3rote7vtTe4fr. filf #u4y Tf re lelter s ntended Lo qle yov an tdea ol Ehe "s[ucs I would hG you to consrder lor dv mee|nq on Fnday mornrn€. Marry of Lhe Esues here are chanqes n nter1elaEtong from our (VML ana TOV) understandrnq dunnq the revew and apVroval ol thr,s prolect - | thn* many of these osuas rculd be nterpreted rn fiany drfferenb ways and we are ltopunq that yan mqht aqtee wth our nterpretahorrs on flme. rl not all, ol these $5ue5. lssveE: lr.Extsttnq DU GRFA r As you ere awarc bhere arclwere seyeral DU's conbrollad W the hotel rn the buildrnq. I have revrewed and re-reiewed the plans, Tam's onqrnal submrtbal. and statl memos to determtne the amount ol -exslnq DU GRFA.' I w6nt back to thc Plarc ol the exrshn1 burl&ttg pnor to redeveloTmenl and have calculaEed lhat there wa,c 3.660.5 s4. tt. ot austllr'4 DU GRFA. Wh€n the5e DUs ard lhen cenverted to AU's. thrs DU sq. Il,. cen be trangterred Eo other areas ol the buidrnq. Thrg rs the lrqure I have been uanq ior lhe last year. I woulcl hke fo run thru thc plans wrth Wu end qeE yovr concuffence on thrs fr4ure. Lockoff GRFA As you are also aware the exslnq hotel' DUg have lockoff unft3 aggoctatcd wrth them. f n lhe ,on6rnal approval and analysrs the=e unftg wirc not count as DU GRFA a9 aqreed Lo by Agphcant. We would now ftke the'Town to conErder countrng thrs spare as cxrstrng DU sq. ft BA[/BR.A[-NN ASSOCNATES PL T.INING- artd CoMMut\tTY Fr'ELOPMENT Februar.y l3,2OOz Georqe Ruther Chref of Tlannnq Towrt of Vtrl 7.5 5. Frontaqe_Road | , Varl, CO 61657 r't Re: Varf Mountarn l-dqe - Clarthcabonsllnterpretatrons Dear Georqe: i 2. Ethlvar* Village Center $ite C-209 0105 Edrraads Mlage Eoulcrv,rd FonrOfrce Bot 7658 Edr,vlrds, Coto'zao A t gl2 t I Ph. - erc.926-7575 Fax - T1O926;1576 www.lrraunassociales.com i - --t- ii FFE-7.3 26se. 1@!z16 FRO'lrBRA* *to.ry These lockoff unfte c:,n exr5t In mullpl€-family burldtnqs, err'en when no hohel vse E ?resent. I beheve thal In that srtuahon bhc :q{ lt. s cortadered DU sq. ft, The samie nterpetatron auld be appled at lhe VML. Addrtronally, the Frachonal Fee Club condftional use cntena does not allow lock-olfs to be countd at AU .'q. fl. In determfnfng the equvalenal of atsbrng AUs Lo new AUs. lf rt can be counted as AU sq- ft. then rt must be consrdered DU GRFA. il Condftprtal U5e Crtnna: 'b. Lock off unrts and lock off unrt 3quare tooEaqe shall not be rvlvded n the calcvlahon when datermnnq the eqavslenal ol enstrnq acnommodatrofl untt5 or e4uvaleney of anrsttnq square lootaqe." ll f l thrpk there enovqh evtdence n the code Io suqqest that lock-offs be caur'fted ' as dU sq. ft. and hope that yov wll aqree. ,lr 3. Ytrsbtn4Dbs as en{pbyee unrte There are 3 anstn1 dwellng unrts at bhe VML that have been htsEorrcally used ior etnployees. fhese were never deed re-shnclcd. t'p all of the anal]v.:rte that was done the* are alwarls breatd *,peraEely ancl nothnclud€d as ex$hng GRFA of any kn/. We beheve that these,.atstnq emVloyee vnts should be lreated az ensln1 DU GRFA. Once lhese unrts ;Fe deed restrrctd as Et1Us, then that DU s4. It, becomes avark,ble,elseylir'ere rn the burldrng . Ty?e 3 EftUr ile not counhed as GRFA per sebtront | 2- | 5-3 A, 2, b. 6: We bope you wil aqree wrth i thri rnterprelaEpn. 4. EtiUs Offsrte P.W.'n397?F/?675-t6 *'To \ One way to create addfttonal AU/FFU and OU gpace wthrn thrs brrrldrn? is to lacate Ehese El-lUs offrrte ancl u{e that space for AUs and FFUs (whrchtproduces DU sq. ft.). Would you and the fown be a1reeabQ to lhrs conceTt, sublect Eo a i rnodirccl development plan ana i CllP ior the EllUs? I know we gre ashn4 a loE of you at thrs lata sbaqe n the prolect, but these resvee may determrneho whet extent the remarnder of lh$ prcJect rs financulty wable. I behe're the cltner has done a very qood Job wrth crpatrq a quahby ptopct for Varl. The process may not have bcen, or contrnue to be, thcal In your mnd but the end resulf rs somethtnq we should all be peoud ol. Thanks n advycefor your consrderatron , i itt I.'l\ lrl f*,t-t* 18,46 Fffii:ERnLN Assrcfl:s *t.. t To:e7aCr4se P.W/eB3 lf you have any 1vesbQnr Tlease call me at 926-7575. t C: JayPeterson ,, lt I Irl t ( 1l I Il' I ';tlr I j I i I t \ I ( li FEB-ll-e@a t1!38 FRt''l:BR** *T 97A 476t9fr9-.67576 MEMORANDT,M RonDYrnc Jry Pctcrrol I)omlnlc Mrnrlcllo .Fcbtulty l1' 2002 Vrll Molotrln Lod;c - Flnor ArGr Cdcrlrtiom - Pbmc 3 Complrffon Y.g,l&!w.l TO: $ROM: DAIE: REr fftf copy Thc following is a zoning analyris of AUs, !FUs,ond DUs pfoposcd for thcVail Mourtsin lndge' For Ui-t -"ff"i* i*cnt bdck-0ndr;vi€$'ed thc Tawn numbsrs and our numbers for rhc project' The Tmv.n's rnsth m this proja:t is vcry coufutiog. Tha anolysis bclow is barctl ontevicwing tho floor plans of thc oxi*iug builiint 6ri.tr fo ncw const*uction)' In'the ciginal approval, thc Town-courrtcd thc ctisting ..lock-ofrrmitr" Ettsch€d b thc 'totel" DU's as AU x1 ft. Thc VML agreed to tfiis during thc rsvicw proocst t*"tr" .t t of ti"s fnff. was building cnnufi .lU *a ff U spuoc Ur ctcotc cr|o|rSh additional bU rq. tt to accommodats thc ucw condos. ffrc rcvtscd $cop of wort is nonrprod-rring o lot less AU -A idfj uq. ft. thon tret of tbc original rpprovat, l'hat roductio'n has a dratnrtic cftixt on ncw contlo sq. & lf tlo currcnt plrrrs orc final, lilc nclrd lo prov{do l cinilrr analysis to Gcorge et the Town and gct his cqrcunmco to or annlysis. He hrrs bcC,a nsking fu this onAlySis fOr SOmC tinre' E$iI8IILSUAifi;fiffiffi-t d*r rtrcre is 3,Et0.5 q. tt. of existirrg DU GRFA in bc building (thc Torms t&rnos irdi"11d oatly 2,741 v1. ft. and'thc mcdos rnsy bc in orr6y), When 6e ? ,x^isttns'hot"l" DU'c 1rc o*t*116a t" -fr.n l morns (i.c., rtmovc thc kirchcn cquipnrcnt) thcn tfiis rq. fr. is availlblc ls c crcdit for new DII'S orcitcd in thc lruilding. iEiffiffi@.* propooing 5.916 sq. ft. in FFll's, 6,389 sq.It' of total AU 4ace and 3'871 eq' ft' ofnew con& space in wcst unit (Luhin). Usiag *rc table on pge 2, the totnl aqw or rildLlonrl Ati rnd FFIJ GRFA bcing addcd is 1'451'5-sq. ft' atilf-t ttt-;tqrr..'i !T{J $F cc (5,916 sq. ft.), rninus thc owrall rcductlon in AU spar:c of 4'464'5 sq' Ir). Ediilt8\f,bec Ccnto4 Srrite C-109 0105 Edhi..4 vil{g! S€slc,/.rd fuiOlfct Sox 2658 fulnrdl Colorrdo E|631 PH- 970.Y267975 Fx -97Q.9267576 www.btulrarrodatscglt BAYBRA RANNtr.$ rnd COwrU\flTY DF,VEtOpt'l EhlT FUB'fl'e ge 11 338 FRffl;BRAl.N RSSoCIAIESI fdlth8sq. rt. DU'n/c<n&rs 3,8S.5 (hotol Dus) AU'$r*10,E53.5 91A9€:67576 rc.slaff' w fropodAddillord Totd P,AA3/@4 ThcAU/F,Fusq.ft.bcinsnrldedtothcbuildingcrcltesthcabilitytoer|d662ry..t,ofn"*I|UGIRF.A (i.c., rJit.5 is ?0v, or z.o7iJ-" oii i'lo'z' ir2'073-6;:;'tiu 'r" "iitting Gxrl DU credit of 3,EE0.5sq.tt Twor,*runn.iflil)*ii.i#*rai^,ncT"x"ioJoidonbr,'causctheTowndidnot considcn rtcir adaiunn - -,nHil "L"oslnn'" L"*# fitcit t* ti +fm'S sq' f in ncw coulog or a ;ffi;ffiil;rorhe Lublttunitof 4?l'5 sq' ft' GIIFA Colclustun: It lDpcars ttst thc vait Mountrin l-otlge coukl rocciw a co todry for thc work corplctcd todate ond comolv with trc T<rwn.s 7-oning Rcguiltions 'lhCre i. nio-t"r .ri"yzs sq. tt fir ncw umdos' 3'871 sq' ii'idri*i".*t 4?l sq. f itr thc eqst condo' Thisrnalysisdidnotinclurkthcgalcsottico(E77sq.fL)onthcA3.3lovclthltisindicate'Jasrfubre FFU. lfinoluilcd, thi* FFU *"1{il;oil;;iii *q tt'oincw DU (condo) q' ft' grutgEJlQiruls . . .i. - r,^:, rr.-.-l-i^ r ...rra rrn n.r ocneratc thc nced frr'hcur" urplayco Siooc rhc usos crtated ro.ostc on rhc Vail M<runtein Ltxlgc do Ht S9!g?i1 t: nT lunrng uit$ (i...,rt"rr"*-rLi*ioiirrrJ" e;Gr9,.d tiii "c"a fc-EHU's), thqc ehould nothc a rcouircrrc$t rtut lhc new rmits bc in plrcc at sis.pbEsciiJ"u.lopr*n riic Town will likcly re4uirc that *i oristinc EHU'u in the ilfraiiitl Ji.O t".ttLiof *iiit tft* rmderstandin$ that thcv c4n phvsically chrngo locntion in {re futtue' 1,002 -4A&,5 [cse.s (ncwcordos) 6,3E9 Total l4'7Ja'-- !'F!-!'r" il Inctudcs 2,g91 ,5 uq. ft. of Gtt!.A locatcd in thc ? cxistirrg DIJ lockoffc. Thctc wcrc tca'ffd as AII's by'l'OV..f. oss not includo 4,5?9 sq. ft. in privatc a(,tldos or I ,288 s1. f in existing Efluu' :EB-11-e@ 1t:38 FRfl'|:ffiruN ASSoCrT:S 97g9a67s-6 toteruiff awe P,AH,EB4 rhre 3 Only- EuliEullrllm ffi FFU FFU Afca AI'All Arca DU DU Ane A$:0 2272 A3.4 3 4.4U 3.3i14 A3'5 I 1.0E2 773 2,7fr1 A3.6 400 't,108 Totrl I 6,9t6 t6 6,319 1 3,871 FFU D.ITII A3-3 Al-l bedroorn FFU 1,991 sq. ft. 2 bedrcorn FFU 1.361 sq. ft. 2 b€droofii FFU 1.082 sq, ft. A3-5 2 bcdroom FFU 1,082 6q. tt. 434 bedroorn for FFU on A,&6 400 8q. tl. floor by floor analysis 2-11-02.xls fl*Q,*t-t George Ruther, AICP ChiefofPlanning Town of Vail Charlie Davis, Chief Building Offrcial oloo TOWN OFVAIL Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us Ituo,e27,2Q02 Mr. Jay Peterson Bailey & Petenon, P.C. 108 South Frontage Road West Vail, Colorado 81657 Completion of the Vail Mountain Lodge improvenents Dear Jay: Thank you for meeting with me on June 25h and 26h to discuss the completion schedule for the Vail Mountain Lodge redevelopment. The purpose of my letter is to provide you with written documentation of our conversation and a summary of our agreement for the completion of the existing work at the Vail Mountain Lodge. As we discussed and we mutually agreed, all work under the existing building permits will be completed or revised plans will be provided by your contractor indicating work to be deleted from this phase of construction Once reviewed and approved, and all necessary inspections completed, the town will sign offon your request for temporary certificates ofoccupancy for four new fractional fee clubs in the Vail Mountail Lodge. It was further agreed that the north sidewalk replacement and heating, the rock veneer and painting at the east parking structure portal, the revegetation to within 25 feet of the lodge on the south side of the property, the west end landscape improvements, and the front entry drop off improvements will be completed by no later than Monday, September 16,2002. Once completed, the second phase of corrstructi lr wili bc completc. Agai4 the purpose of my letter is to provide a written sumnary of our agreements and commitnents. Should you have any questions with regard to the infomration addressed in this letter, please do not hesitate to call. I can be reach by telephone at 479-2145. Thanks again for yow coopeftltion and attention to this mattet, Sincerely, vb.r {pun uorn"o &r Deparlment of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2I38 Flw 970-479-2452 www,ci.vail.co.us June 7,2002 Mr. Brian Wagner 292 East Meadow Drive, Unit #224 Vail, Colorado 81657 Re: Dear Brian: Vail Mountain Lodge Complaint Letter dated 06/01102 Thank you for your letter dated June I , 2002, regarding the installation of a new exterior exit door at the Vail Mountain Lodge. The purpose of my letter is to provide you with a written response to the questions and concems you expressed in your recent letter. The new exterior door in question was approved by the Town of Vail Community Development Department in January of 2002. The approval was granted along with the interior tenant finish building permit application required to construct the new residential dwelling unit located on the west end ofthe building. A copy of the approved permit is available for inspection at the Town of Vail Community Development Department. I have discussed the timeframe for the completion ofthe required landscaping on the west side of the Vail Mountain Lodge property as you requested. According to the project's representatives, the required landscaping will be completed in the manner and timeframe as originally agreed. I anticipate completion of this work by the end of the summer 2002. The landscaping improvements will not be negatively impacted by the construction ofa new exterior exit door as the intent ofthe plan remains unchanged. I have reinforced the need for maintenance ofproper and required emergency egress from the respective properties. Please rest assured that violations ofprior agreements regarding egress will be addressed in the most appropriate manners, Should you have any questions or concems, as always, please do not hesitate to call. I can be reached most easily by telephone at (970) 479-2145 or by email at gruther@ci.vail.co.us. Sincerely, George Ruther, AICP Chief of Planning Town of Vail TOWN OFVAIL €p *"noto'^u* Ifrian Waper Saturday, June 01, 2002 Mr. George G. Ruther Town of Vail, Ghief of Planning 75 South Frontage Road Vail, Colorado 81657 I would like to exercise my rights as a property owner and rcsident of Vail, Colorado and fomally lodge a complaint against the Vail Mountain Lodge and Spa. I object to the construction of a second exterior door on the West side of their building immediately adjacent to lhe existing emergency exit door. This door has never been apart of the approved Vail Mountain Lodge Redevelopment Plans and exits into what has always been a rcquired landscape area. Construction of this door began on Friday, May 31 , 2002. I was told thal it was a door to a bathroom. I asked the employees at the Department of Community peveloprnent if this was an approved change to the Vail Mounlain Lodge. They could find no record of any approved change. Mr. JR Mordragon went to the propeny and slopp€d work. He was told the door was a private enlran@ to the elevator for the penthouse. lf this conslruclion was begun without proper approval, I request that the proper fine be lodged against the Vail Mountain Lodge and the contrac'tor responsible. lf the Vail Mountain Lodge wishes to pursue a second entrance on the wesl side of their building, I request that formal community hearings be held so that other property orrner such as myself may make public input to this change. lt is my opinion that there is no need for lhis second door. Secondly, this area has been designated a landscape area since the beginning ofthe projecl. The landscape aree was placed under bond on Octob€r 10, 2001 and I have been assured by your department that the landscaping would be done during the summer of 2002. My second comdaint againsf the Vail Mountain Lodge is that they heve been blocking their Wes{ Emergency Exit and the M.ountain Haus East Emergency Exit with construcilion 4uipment, materials and trucks. On 4'n of JulyWeekend both properties will be open for business and fully occupied. Occupants of both building should be assured proper and unobstructed emeQency egress. Hopefully when this area is landscaped according to the approved plans, these emergency egress problems will be solved. Until the landscaping is competed lvvould request that your department insure that emergency egress from both prcperties is not obstructed. Sancerely, ---"-7 I -,/r"-"t L1!Aa,"-/t7?k^---" BrianWagner / vAc02$01CC: Mr. GaryGoodell Enc: Picture of Door 2e2 Ecst lteadow Drive #224, l'ail Colorado 8fO57 Phone (g70l 47b24A4, Ftx (e7O) 47(d.8'(XJ7' tuian@brianwagncr.com Bnrlru W^lenrrn J AruxoADDRE.8 33 OFFtcE pAR( RoaD #4.g t 6 Hr|.of,t HEAD lAtrr{Dr so|,Tn CAROIJ A 29!)2A BRAfl@BRtAnwAoNER.co tOeO Uo0nflourE n lilrofl lEaD t!|.ArD, sc 2serohtq.tE GalDr6gctlb FAx: Btg satrx2?t 192 EarrMEADow O0v! fi124 var, Cq.on^!o at€6" Fls{Ef gTdl47€2,Ag4 FAx o;or4"lery7 I d TOI4'Nffi Design Review Boar ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 fayr. 970.479.2452 web: www.ci.vail.co.us Project Name: Addition to an existing dwelling unit DRB Number: DR8010066 Prctect Description: 196 square foot addition to condominium unit in with Vail Mountain Lodge Participants: OWNER ANGELO, JOHN M. &JUDITH H.03/30/2001 Phone: 1 WEST 72ND STREET APT 21 NEW YORK NY 10023 License: CONTRACTORSHAEFFERCONSTRUCIION 03/30/2001 Phone: 970-845-5656 P O BOX 373 VAIL CO B16s8 License: 129-8 APPLICANT Tim Kehoe 03/30/2001 Phone:970-845-5656 x 30 George Shaeffer Construction Po Box 373 Vail, Co 81658 License: ProjectAddress: 352 E MEADOW DRVAIL Location: unitA #301 Legal Description: Lot: Block Subdivision: VAIL CLUB CONDOMINIUMS Parcel Number: 210108255006 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By:Vote: DateofAPProvaL 04/11/2001 Gonditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the Design Review Board. Planner: George Ruther DRB Fee Paid: $5O.OO AoR-ra-?9aI 17: 53 FR0l"4: ERAUN AsTnrES < ro.s(r1e4=297A%1576 MEIUOIIA}TDTIM Allisort Ochs, Planncr 2 Town of VriI Breun Associrtcs. Inc. April 10,2001 Vail Moutlin Lodge - FIIU, AU, and Condo -I'loor Arcr crlculetions - Rovised to fnclndc Angclo Add-iftin <L- P.aBT/vEE TO: FROM: DATf,: RE: Bclow is an analysis of the revised floor areas tbat are planncd for thc Vail Mu"srtain Lodge. This ohange 15cnd$ thc aflysis suttmitted to George Rulher on Fcbruary 2?, 2001 !o Lrcldc 196 sq. ft' for thc Angelo's unig sincc thc Torrm has intirprcted that the Angplo's dwclling unit is not eligible for an Eterior Conversion or 250 squarc foougc at this timc. This anallnis shon s that th€ dcvelognent rcmains in conpliance with the PA rcne disfict rrsd the PEC approval. Tlrc changps to floor areas art a resnlt of rnffi accurate calculation methods and reviscd lalouts of many of thc rcsidsntial/lodging rmits. The overall squarc footage of the project has increasod (based on the PEC approved plans). 'Based on tho changes to 0ri plans, wc have dctcrmined that lIf,W AU and FFU square footag€ sacounts lbr 70,9% of thc n;v GRFAin the building (including 196 sq. ft. for Angclo's addition). Thc PA zonc disbict rcquincs AU/FFU sq. IL to bc at lcast ?0olo of rlrc ntal GRFA addcd !o trc buildfuB. Thsrcforc, bascd ot thc rcviscd floor pl'.rns thc building is in conforrnmcc PA annc distrist. 0verall G nFA Calcalqtions Uw PEC Plans New Plaas Differcnce AUs FFUs 15$8I uq. ft. 10.529 sq. ft. I5,579 sq. lt. ll,E4? sr1. ft + 498 sq. fl. + 1,318 sq. ft. Coidrx 8.235 sq. ft. 8.564 !to- ft. + 525 sq' tt' + 2i341 sq. ft. BAI/BIRALNN ASSCC HJNNING and COHf'lUNlrY |)EVELOF}4ENT 33,845 sq. fL 36,186 gq. ft, Edrrards Vlage Center. fuite G209 Ol05 Ed..drds Vilhge Boule,nrd Fost Oficr tlox 2658 Edrrard!, Colorado 8 | 632 Fh - 970926.7575 hlx. - 97Qi76.7576 rw lr.braldligxratet:.c('tt AEfJLa-ewI 17: 53 FRof4: ERnLI'l nssSATES * to'"57n4s?97A%1576 P.W?rWz New GRFA Afuledto Buikling (PA ZoneDistria) Use . PEC Plarrs New Plans - Diffbrcnce fri 14.667 sq' ft' + l'816 sq' ft- The Town of Vail (in rhc PEC rnemo dated Mfth 13, 2000) indicared that thcrc ura.s 12,851 sq. ft. of ncw AU and FFU GRFA and 5,494 sq. ft. of new dwelling unit GRFAbeing added to the building' Bayd o1 iho frgurcs in thc table abow tUp"tofaf arnount of CRfl m 6c propcrty is being increased by 2Jal sq' ft' TherJis now 14"667 sq. ft. (70,9%) of lery FFU/AU GRSA and 6,019 sq. ft. (29%) o1on ry 3vsllitg unit GRFA being .rddcd to thc building. This corplics wrth the PA zrnE district rcgulations on GRFA, It should be noted that these calculations are based on adding and subtrecting from the nurrbers prcscilted in the TOV rnemo to thc PEC for approvnl of the project. Ifyou havc any questions, do aot hcsitsb to cotrtlct us at 92G7575- Ncw I)IJ so. Totrl 18345 sq- ft. + Includes 196 sq. ft. fbr fuigelo's addition- 20,6E6 sq. ft.+ 2,341 oq, fL 4-- Mffi-ee-eaal 16:4e FRo'l:eRrALN nss{5ArEs 97A9e57516 ( March 29.2001 George Ruthcr Ctrief of Planning Town of Vail 75 S. Frontage Road Vail, C1C 81657 Re : Vail Mountairr Lodgc (l.k.a., VAC) Addrtional Dwelling Unit Dear George:{ Thank you tbr your assistance with our agplication to c{tnvut Oc t}ucc AUs to ong FFIJ at th€ Vsil Mormtain Lodgc- You rnade the process and procedure cxtrcrncly clfrcicnt and ptinlcss. Wc apptcciatc )r,our t$ility to "gpt things done." We believe this project will be an srormous asset to the'l'owtr. As discussed in rry lEttor to yoe rcgsrdiug Fzu addition, wc rauld also likc to convcrt the ptoposed large dwclling unit on the eest end of the buildrng to two n*11gr dnslling units occupyiag the sanc sprcc. Tlris change will trquire no exterior changes to the buitding. The only impact created by the change is ttrc numbcr of parking spaccs asscsscd for thc projcct. The convcrsion of thp thrcc AU's to onc FFU eliminated the nced for 1.4 parling spocc+ which is a wash with thc pro'posed ncw dwclling rmit. Additiondly, since the project is not ytt completed rnd hes not yet received a Final @, the project still hrs somc flcxibility with the usc of i(s grandfathered parking slaccs. Wc will be submittingrcviscd floorplisrs thltrcfl€ctthis chaugc. lile understand that oincc dvelling units arc a permittcd usc on ttr propcrty, that the approral of this change is purely admrnistativc. Plase let me krow if you need additional information or assistance with this change. Agein thanks for rll of your effotts and a$$istancc with ctcating a wondcrfrrl projcct in thc Towu of Vail. Ifyrnr haw any qucstions, plcasc fccl frcc contact ar !t926-7575. { C:Iay Peterson ro,T7s"4*.P.^SL/WL BAI/ER.AUN ASSOCAITES FIANI{NG end COIIMUN]IY OEVELOPMENT FdvrardsVllaF Cemeq lrte C-2O9 0105 Edmrds Vilbge Boulcrrard Fost Offce Box 2658 Edn ard$, Colorndo I 1612 nL - 9'10.926]1575 Fll<, - 9709767576 v^\,l lbr iuriodntea-{orl TO: FROM: I}ATE: RE: o MEMORANDUM George Ruther, Chief of Planning Braun Associates, Inc. February 27,2001 Vail Mountain Lodge - tr'f,'U, AU, and Condo Floor Area Calculations - Revised Below is an analysis of the revised tloor areas that are planned fbr the Vail Mountain Lodge. This analysis shows that the development remains in compliance with the PA zone district and the PEC approval. The changes to floor areas are a resuit of more accurate calculation methods and revised layouts of many of the residentiaVlodging units. The overall square footage ofthe project has increased (based on the PEC approved plans). Based onthe changes to the plans, we have determined that NEW AU and FFU square footage accounts fot '7 | .6%o of the new GRFA in the building. The PA zone dishict requires AU/FFU sq. ft. to be at least 70% of the total GRFA added to the building. Therefore, based on t}le revised floor plans the building is in conformance PA zone district. Overall GRFA Calculations Use PEC Plans New Plans Difference AUs F'FUs 15,081 sq. ft. 10,529 sq. ft. 15,579 sq. ft. 11,847 sq. ft. + 498 sq. ft. + 1,318 sq. ft. Condos 8.235 sqft. 8.564 sq. ft. + 329 sq. ft. Total 33,845 sq. ft.35,990 sq. ft.+ 2,145 sq. ft. New GRFA Added to Building (PA Zone District) Use PEC Plans New Plans Dii'lbrence New AU and FFu so. ft.12,851 sq. ft.74,667 sq. ft.+ 1,816 sq. ft. New DU sq. ft.* 5.494 sq. ft. 5.823 sg. ft. + 329 sq. ft. TotaI 18,345 sq. ft.20,490 sq. ft, * There was2,74l sq. ft. of DU sq. ft. existing in the building (small units wlth kitchens). + 2,145 sq. ft. o The Town of Vail (in the PEC memo dated March 13, 2000) indicated that there was 12,851 sq. ft. of new AU and FFU GRFA and.5,494 sq. ft. of new dwelli4g unit GRFA being added to the building. Based on the figures in the table above the total amount of GRFA on the property is being increased by 2,145 sq. ft. There is now 14,667 sq. ft.. (71.6%) of new FFU/AU GRFA and 5,823 sq. ft. (28.4%) of new dwelling unit GRFA being added to the building. This complies with the PA zone district regulations on GRFA. There are also some very minor floor area changes to the health club and the wine bar. Attached is a.set of plans showing the revised floor areas as well as a table with the floor.by-floor GRFA calculations. If you have any questions, do not hesitate to conbct us at 926:7 57 5 . ".-t UP/l /4/-,2!1:%E (fthc) ruwm Planning and Environmental Commission ACTION FORM Department of Community Dorelopment 75 South ftontage Road, Vail, Colorado 81657 telt 970.479.219 fax: 97 0.479.2452 web: www.ci.vail.co.us Proiect Name: PEG Number: PE@10015 Protect Description: Amendment to a conditional use Dermit to add one additional fractional fee club unit Paftlcipants: OWNER VML LLC 03/09/2001 Phone: 285 BRIDGE ST VAIL CO 81657 License: APPUCANTDOMINICMAURIELLO 03l09l20OIPhone:926-7575 Braun Associates Inc Po Box 2658 Edwards, Co 81532 License: Project Address: 352 E MEADOW DR VAIL Locauon: Legal Description: Lot: Block Subdivision: VAIL CLUB CONDOMINIUMS Parcel Number: 210108255001 Comments: BOARD/STAFF ACTION Motion By: Cahill Action: APPROVED Second By: Schofield Vote: 5-0 DateofApproval= 031261200I C.onditions: Cond: I (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the Design Review Board. Planner: George Ruther PEC Fee Paid: $200.00 t MlsstoN , -r r.o PLANNING AND ENVIRONMENTAL COM PUBLIC MEETING RESULTS Monday, March 26, 2001 PROJECT ORIENTATION / - Community llevelopment Dept. PUBLIC WELCOME MEMBERS ABSENT Chas Bemhardt 1. 2. 3. 4. 5. 6. NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinnerfrom 6:00 - 6:30 p.m- Public HearinE - Town Council Ghambers 2:00 pm l. A request for variances from Section 12-6D-6 (Setbacks) and Title 14 (Development Standards- locating required parking in the Right-of-Way), to allow for a residential addition and rcmodel located at 2955 Bellflower Dr. / Lot 6, Block 6, Vail Intermountain. Applicant: Alan Peters, represented by Braun AssociatesPlanner: Allison Ochs MOTION:John Schofield SECOND: Diane Golden VOTE: S0 APPROVED WITH 2 CONDITIONS: 1. That prior to final design review approval, the applicant provides a landscape plan which includes provisions to adequately buffer the surface parking area from adjacent properties. 2. That the applicant submit e revocable right-oFway permit for all improvements located in the drainage easement and right-of-way prior to submittal of the building permit. 2. A request for a conditional use permit, to allow for a Type ll Employee Housing Unit (EHU), located at 185 Forest Road/Lot 26, Block 7, Vail Village 1" Filing. Applicant: Oscar Tang, represented by Ray Nielsen, AIAPlanner: Ann Kjerulf MOTION: John Schofield SECOND: Doug Cahill VOTE: 5-0 MEMBERS PRESENT Diane Golden Brian Doyon John Schofield Doug Cahill Galen Aaslen Site Visits : 1 1:00 am 12:15 pm Okubo residence - 5027 Ute Lane Vail Mountain School - 3160 Katsos Ranch Road Tang residence - 185 Forest Road Cascade Hotel - 1295 Westhaven Drive Peters residence - 2955 Bellflower Drive Brandess Building - 2077 N. Frontage Road Driven Brent o 1 GONDITION: .l 5. APPROVED WITH l. Prior to the issuance of a building permii, the Community Development Department shall receive proof from the applicant that a Type ll Restrictive Covenant has been recorded with the Eagle County Clerk and Recorde/s Office, thereby ensuring that the employee housing unit will be permanently restricted for employee housing. A request for a conditional use permit, to allow for a Type ll Employee Housing Unit (EHU), located at 1552 Matterhom Circle/Lot 2, Timber Vait Subdivision. Applicant: RanchCreekDevelopmentPlanner: Bill Gibson MOTION: John Schofield SECOND: Diane Golden VOTE: 5-0 APPROVED WITH 2 GONDITIONS: 1. Prior to the issuance of a building permit, the applicant shall submit a Type ll EHU deed restriction to the Town of Vail Department of Community Development. This document shall be recorded at the Eagle County Clerk and Recorder's Office and will require thal the employee housing unit be permanently restricted for employee housing. 2. The Conditional Use Permii for the proposed EHU is contingent upon Design Review approval. A request for a variance from Section 12-6GO of the Vail Town Code, to allow for a proposed addition in the rear setback, located at 5027 Ute Lane/Lot 31 , Vail Meadows Filing 1. 4. Applicant T. Larry & Renee OkuboPlanner: Bill Gibson MOTION: John Schofield SECOND: Doug Cahill APPROVED WITH 2 CONDITIONS: VOTE:5-0 5, 1. That the applicant submit a siie-specific geological investigation, completed by a professional geologisl or registered professional engineer, to the Town for review and approval prior to linal Design Review approval.2, That the proposed addition shall comply with Design Standards. A requesl for a variance from Section 12-7D-5 of the Vail Town Code, to allow for the addition of mechanical equipment within the required rear setback at the Brandess Building, focated at2077 N. Frontage Rd./Lot 39A, Buffehr Creek Subdivision. Applicant; Jayne Brandess lrrevocable Trust, represented by Abacus CommunicationsPlanner: Allison Ochs MOTION: Brian Doyon SECOND: John Schofield VOTE: 5-0 DENIED A request for a modification lo an existing conditional use permit to allow for the use of two modular classroom units at Vail Mountain School. localed at 3160 Kalsos Ranch Road / Lot 12, Block 2, Vail Village 121h Filing. Applicant: Vail Mountain SchoolPlanner: Brent Wilson MOTION: John Schofield SECOND: Doug Cahill APPROVED WITH 4 GONDITIONS: 6. VOTE: 4-0 (Doyon recused) l 1. 2. 3. 4. That both modular classroom uniis will comply with all town design guidelines, be painted to match the existing school building (beige base with brown trim) and that additional landscaping for buffering will be added surrounding the new structure. These issues are subject to review and approval by the Town of Veil Design Review Board. lf any revisions are proposed to the existing approved "Phase l" or "Phase ll" developmenl plans for Vail Mountain School (approved April 24, 2000) prior io the commencement of conslruction, the applicant shall return to the Planning and Environmental Commission and Design Review Board for review and approval of the amended development plan. That the conditional use permit for both temporary structures shall expire on May 31 , 2003. However, if a building permit has not been issued for the construction of the approved development plan for the school by June 1, 2002, this conditional use permit will expire on that date. The existing mechanical equipment behind the school must be screened during the summer of 2001, subject to review and approval by the Town of Vail Design Review Board. A request for a conditional use permit, to amend an existing conditional use permit, to allow for one additional Fractional Fee Club unit, located at Vail Mountain Lodge, 352 E. Meadow Drive/Part of Tract B, Vail Village 1"' Filing. 7. APPROVED 8. A request for a recommendation to the Town Council on a zoning code text amendment lo Section 12-7H-7, (Exterior Alterations or Modifications), lo conect an error in the prescribed procedure for certain types of Design Review applications for properties in the Lionshead Mixed-Use 1 Zone District. Applicant: Braun Associates, Inc.Planner; George Ruther MOTION: Brian Doyon SECOND: Doug Cahill Applicant: Town of VailPlanner: George Ruther MOTION: Doug Cahill SECOND: Brian Doyon VOTE:5-0 VOTE: 5-0 9. APPROVED A request for a final review of a condifional use permit, to allow for the conslruction of Phase I of Donovan Park improvements, generally located southeast of the intersection of Matterhom Circle and the South Frontage Road. Applicanl: Town of VailPlanner: George Ruther TABLED UNTIL APRIL 9, 2OO1 A final review of a request for a recommendation to the Town Council for a rezoning from Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to create two residential lots and a request for a recommendation to lhe Town Council. for an amendment to the Vail Land Use Plan changing the land use designation from Public/Semi- Public use to Low Density Residential, located at 3160 Booth Falls Road/Part of Loi 12, Block 2, Vail Village tZ'h Fiting. 10, !tu Applicant: Boothfalls Homeownels Associalion, represented by Braun Associates, Inc.Planner: Russell Forrest t TABLED UNTIL APRIL 9, 2OO1 11. A request for a variance from Section 12-7H-10 of the Vail Town Code, to allow for an proposed addition in lhe rear setback, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1" Filing, 1'r Addition. Applicant: Lions Square Condo AssociationPlanner: Bill Gibson TABLED UNTIL APRIL 23, 2OO1 12. A request for a worksession to discuss a proposed special development district to allow for lhe construction of a new conference facility/hotel; and a final review of conditional use permils to allow for the construciion of fractional fee units and Type lll employee housing units at 13 Vail Road / Lots A, B, C, Block 2, Vail Vittage Filing 2. Applicant Doramar Hotels, represented by the Daymer CorporationPlanner: Brent Wilson TABLED UNTIL APRIL 23,2001 13. A request for a major amendment to Special Development District #4, lo allow for the conversion of an existing indoor tennis court io a spa, located at 1295 Westhaven Drive/Cascade Village. Applicant: L-O Vail Hotel Inc.Planner: Allison Ochs WITHDRAWN 14. Approval of March 12,2001 minutes 15. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planneds office locaied at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language int€rptetation available upon request with 24 hour notmcation. Please call 479-2356, Telephone for the Headng lmpaired, for information. Communily Development Department GENERAL INFORMATION This applieitlon b fior any project requirlm apprwal by the Plannlng and Erwirslmental Commissbn. For specift informatlon, see the s|lbmitbl requiremenE br the farticr,rlar approt al that is requestetl. Tlrc applicatbn can not be acoepEd until all requlrcd informatlsn is submitted. Ttre project may also nd to ba r€ylcyved by ttle Town Council and/or the D€sign Reulew Board. A. TYPE OF APTC,ATIOf{: tr ,/ Bed and BrealdastV Conditbnal Use PermttO Major or tr Mlnor Subdlvlsiontr Rczmingtr Sgn Vadanaetr Sp€cial Development Distrittr Major or n Minor Amendrnent !o SDD tr Emdoyee Ho.sing Unit Oype: -) D Major or tr Minor &terior Alteration (vailvlllage) Major or Mimr Eferior Alteratiqn (Lronstead) Varhnce Zoning fue Amendment Amendment to an Apprwed Development Plan n tr n tr OFTHE REQUEST: c. D. E. F. G. H, LOCATION OF PROPOSAL; LOTfuLLtsLO€K- FIIING; PrIYSICALADDRESS: 752 Easf Me.do^l Dr,v,€- PARCEL #:(Cmtact Eagle Co. Asaessors Oltce at 970-328{640 br pard #) ZONING: NAMEOFOWNER(S): vur,. r.r.e MAIUNIG zuf, lJrl-ctcre owllER{s)srcl{A tr|AMEOFAPPIICANT: lvlAIUtlc ADDRESS: FEE: 5e subminal rquiremcnts for apryWiate fee PI.EASE SUB}lrT T]IIS APPUCATIOI{, ATI. SUBHITTAL REQUIREI,IEilfli AI{D TTIE FCE TO TIIE DEPARTIIEITT OF COMMUI{ITY DEVETOPT{EIIT, 75 SOUI}| FROirrA€E ROAD, VAII, COLORADO gl65t. MEMORANDUM Planning and Environmental Commission Communig Development Department %ff'^TO: FROM: DATE: SUBJECT: March 26, 2001 A request for a conditional use permit amending an existing conditional use permit, to allow for one additional Fractional Fee Club unit located at Vail Mountain Lodge, 352 E. Meadow Drive/Part of Tract B, Vail Village 1" Filing. Applicant Ron Byme, d.b.a. VML, L.L.C., represented by Braun AssociatesPlanner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, Ron Byme, rpresented by Braun Associates, is requesting an amendment to an existing conditional use permit that allows for the operation of a fractional fee club within the Vail Mountain Lodge. The existing permit allows for eight fractional fee club units to be operated in the Lodge. The applicant is requesting to eliminate three approved accommodation units and construction of one additional fractional fee club unit in its place. This change will revise the approved plans for the building and create 27 accommodation units and E fractional fee club units in the Lodge. The Vail Mountain Lodge (formerly dba Vail Athletic Club & Spa) is located at 352 East Meadow Drive at the intersection of East Meadow Drive and Vail Valley Drive. The proposed improvements of the Vail Mountain Lodge continue to include a major renovation and upgrading of the existing building along with several exterior additions to the existing structure. The new exterior additions are generally located on the south, west and north sides of the building. Due to the configuration and design of the existing structure, the majority of the new square footage that is being added is atop the existing building foundation and is in the fiorm of infill development. The applicant continues to propose to redevelop the existing hotel in accordance with the development standards prescribed for the Public Accommodation Zone District. Since the proposal has been approved, the previous Special Development District designation has been abandoned. The major elements of the redevelopment proposal remain: . The complete renovation of the exterior of fte building. The renovation introduces a new architectural style for the building. The proposed improvements to the exterior include a combination of stone, wood siding, stucco and timbers. The new architec{ural style is more in keeping with the goals of the VailVillage Master Plan and Urban Design Considerations.. A complete remodel of thE interior of the hotel. The remodel to the interior includes a newly designed restaurant and bar, lobby, front desk, health club and meeting space.r Modifications to the existing accommodation units (20). The creation of a fractionalfee club operation. The proposed club will now include a total of eight new fractional fee club units. The size of the club units varying between tvto and three bedroom units. Operation of the club will be in accordance with the provisions outlined in Chapter 16 of the Zoning Regulations. The addition of two new fre+market, for-sale condominiums. The new condominiums will be located on the top floor of the hotel. There are two dwelling units existing in the hotel. The construction of one new on-site employee housing unit. The new unit will be in addition to the four units already on-site. As a result of the prcposed remodel eacfi of the existing employee units will be remodeled and upgraded. The on-site units will provide deed- restricted housing for up to ten employees. The implementation of the suggested streetscape improvements along VailValley Drive and East Meadow Drive. [. STAFF REqOMMENpATION The Community Development Department remmmends approval of the applicant's request for an amended conditional use permit to allow for the addition of one new fractional fee club unit in the Vail Mountain Lodge, located at 352 East Meadow Drive. Staffs recommendation of approval is based upon the review of the criteria outlined in Sections V & Vl of this memorandum. Should the Planning & Environmental Commission droose to approve the conditional use permit request, staff uould recommend that the Commission make the following findings, "Thatthe coditioml use permit rcquest complies with the criteria as outlined in Secfion Vl of this memonndum." III. BACKGROUND November 1993 - The VailTown Councilapproved Ordinance No. 27, Series of 1993, establishing Special Development District No. 30, VailAthletic Club. The establishment of Special Development District No. 30 allowed for up to 52 accommodation units, 4 dwelling units and 4 employee housing units. The total allowable GRFA was 32,282 square feet with an additional 17,000 square feet permitted for restaurant, club, lobby, etc. The underlying zoning for the property is Public Accommodation January 1996 - The VailTown Council approved Ordinance No.2, Series of 1996, amending the Approved Development Plan for Special Development District No. 30. The amending ordinance increased the number of allowable accommodation units to 55 and increased allowable GRFA to 34,505 square feet. There was no change to the number of dwelling units or employee housing units. March 1997 - The Planning & Environmental Commission approved a minor amendment to Special Development District No. 30. The minor amendment allowed for modifications to the parking garage, restaurant, @mmon areas and the balconies and decks of the accommodation and dwelling units. May 4 1999 - The Vail Town Council denied Ordinance No. 12, Series of 1999, amending the Approved Development Plan for Special Development District No. 30. Had it been approved, the amending ordinance would have permitted an a redustion in the number of accommodation 2 units from 54 to 46 and increased the number of dwelling units back to four as originally approved. October 1999 - The Vail Town Council approved Ordinance No. 23, Series of 1999, amending the prescribed development standards for the Public Accommodation Zone District and establishing a revised development review process. The approved amendments, in part, increased allowable GRFA to 150% of the site area, increased site coverage from 55% to 650/o, eliminated AU's/EHU'9FFU's from fie density calctrlation, and changed the definition of a "lodge". The building height, landscape and parking requirements remained unchanged. March 2000 - The Town of Vail Planning & Environmental Commission approved a major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club. The approval allowed for the construclion of 30 accommodation units, seven fractional fee club units, five employee housing units, and four condominiums units. Vail Village Master Plan Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for future development of the Village. The goals, along with the estiablished objectives and policies are to be used in evaluating a proposal during the development review process. The following goals, objectives and policies have been identified: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Obiective: lmplement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: Development and improvement projec*s approved in the Village shall be consistent with the goals, objeclives, policies and design considenations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Obiedive: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the aclion plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obiective Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability forthe Village and forthe community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use pattems. 2.1.1 Policv: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the vail village Master Plan. 2.3 Obiective: Increase the number of residential units available for short- term, ovemight accommodations. 2.3.1 Policv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Obiective:Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infill development consistent with established horizontral zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: Recreation amenities, @mmon areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.5.2 Policv: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without 7 compromising life, health and safety considerations. 2.6 Obiective Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Policv: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the localwork force. 2.6.3 Policv: ThE Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3 To rccognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvemenb. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.2 Policv: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, orvisible from, public areas. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Polior Vehiolar trafficwill be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Obiective: Encourage a wide variety of adivities, events and street life along pedestrian ways and plazas. 3.3.2 Policv: Outdoor dining is an important streetscape feafure and shall be encouraged in mmmercial infill or redevelopment projec'ts. 3.4Obiective: Developadditionalsidewalks,pedestrian-onlywalkways and accessible green spaoe areas, including pocket parks and stream access. 5 3.4.1 Policv: Physical improvements to property adjacentto stream tracts shall not turther restrict public access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #{ To preserve existing open space areas and expand grcen space opportunities. 4.1 Obiestive: lmprove existing open space areas and create new plazas with green space and pocket parks. Remgnize the different roles of each Upe of open space in forming the overall fabric of the Village. 4.1.3 Policv: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout VailVillage shall be preserved as open space. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Obiective: Meet parking demands with public and private pa*ing facilities. 5. 1 .1 Policv: For new development that is located outside of the Commercial Core 1 Zone District" on-site parking shall be provided (ratherthan paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 Obiective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 5.2.2 Policv: The Town shall facilitate and encourage the operation of private shuftle vans outside of the pedestrianized core area. Concentrate the majority of intErconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. 6 5.3 Obiective: Goal 16 To insure the continued improvement of the vital operational elements of the Village. 6.1 Obiective:Provide service and delivery facilities for existing and new development. 6.2 Obieclive: Provide for the safe and efficient funstions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policv: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. 6.2.2 Poliw: Minorimprovements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at cunent levels. Special design (i.e heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. IV. PROS AND CONS Benefitsr Provides an increase in the number of short-term accommodations in the Town of Vail. lmproves and redevelops an older building in the Town of Vailo The prujed complies wilh the Tou,n of Vail L€nd Use Plan. The recommended streetscape improvements will be implementedo An increased occupancy potential due to the operation of the fractional fee clubr The construction of up to tno new employee beds in the Villageo The redevelopment of an existing building that cunently does not comply with many of the development objectives of the Vail Village Master Plan and Urban Design Considerationse The elimination of a Special Development District Negativeso The loss of meeting room space in Vailr The loss of health club square footage and other similar amenitieso The loss of several existing treeso EliminatEs three potential accommodation units V. ZONING ANALYSIS Public Accommodation Zone District The following development standards apply to this request: USES The only permitted uses in lhe zone district are "lodges". A lodge is defined as a building designed fortemporary lodging of individuals orfamilies in whictr the GRFA devoted to accommodation units or frastional fee club units is equal to or greater than 70% of the total GRFA. As a result of the proposed redevelopment, 670/o of the total GRFA will be devoted to accommodation units and fractional fee club units. This figure includes a total of 27 accommodation units and eight fractional fee club units. \/Vtrile this figure remains non- conforming, the proposal represents a significant increase in the amount of total GRFA devoted to accommodation unit and fnactional fee club unit square footage on the property. However, in accordance with the recently adopted language for the zone districl, more than 707o of the "ned' GRFA resulting from this proposal is devoted to accommodation units or fractional fee club units. Therefore, the proposal complies with the provisions of the Public Accommodation zone district with regard to uses and GRFA. DENSITYGONTROL Pursuant to the Zoning Regulations, up to one hundred and fifg (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. The final determination of allowable gross residential floor area shall be made by the Planning & Environmental Commission in accordance with Section 12-7A-12: Exterior Alter:ations or Modifications. Specifically, in determining allowable gross residential floor area the Planning & Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and the Urban Design Considerations. Total density shall not exceed twenty five (25) clvttelling units per acre of buiHabb site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be countEd towards density. Staff has reviewed the redevelopment proposal for compliance with the density contlol regulations. The overall density of the property will be 5.9 dwelling units per acre (4 du's X 1.46 acres). The maximum allowable density is 25 dwelling units per acre. There is approximately 21,000 square feet of GRFA (707o) in the existing building. This includes square footage devoted to AU's, DU's and EHU's. lf approved, the GRFA square footage vrould increase to 39,935 square feet (1310/d. The proposed square footage includes the 27 accommodation units, 8 fractional fee club units, 4 dwelling units and 5 employee housing units. Most importantly, of the additional square footage (1E,345 sq. ft.) being added, 7Q.1o/o ('12,851 sq, ft.) is devoted to accommodation units and fractional fee club units and the remaining 29.970 (5,494 sq. ft.) is devoted to the 4 dwelling units. The numbers are exclusive of the EHU square footrage in the building, pursuant to the provisions of Chapter 12-13, Vail Town Code According to the staff analysis, the proposalfully complies with the density control regulations. HEIGHT No change proposed. SITE COVERAGE No change. LANDSCAPING AND SITE DEVELOPMENT No change. PARKING AND LOADING Off-street parking and loading shall be provided in accordance with Chapter 10 of the Zoning Regulations. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parfting and short-term guest loading and drop-off shall be permifted in the required front setback subject to the approval of the Planning & Environmental Commission and/or the Design Review Board. Staff has reviewed the proposed off-street parking and loading forthe Vail Mountrain Lodge to insure compliance with the prescribed regulations. According to the staff analysis, the applicanfs prcposalfully complies with the regulations. Over the years parking variances have been granted for the Vail Mountain Lodge. The variances were approved by the Town of Vail Planning & Environmental Commission in accoldance with the provisions of the Town Code. Due to the granting of the parking variances a legal, non-conforming situation has resulted. For purposes of this analysis, the parking requirement has been evaluated based upon the existing and approved parking situation. There are 22 valet parking spaces on the site today. As a result of the proposed changes to the building there would be a net decrease in the parking requirement of 7.4 parking spaces. The efimination ol 2,548 square feet of meeting room space G21 spaces) and the conversion of 7 hotel dwelling units (-14 spaces) to accommodation units significantly contributes to the net reduction. The result is an overall reduction in the parking requirement for the site. However, since much of the parking requirement has been addressed as a result of the granting of parking variances in the past, there will be no loss of parking on the site. The applicant has proposed to provide space for a short-term guest loading and drop-off at the new front entry. The loading and delivery area will continue to be located at the west of the building. No loading and delivery will be permitted from Vail Valley Drive. Overall, staff believes that the applicant's proposalfully complies with the parking and loading requirements. MITIGATION OF DEVELOPMENT IMPACTS The applicant is proposing to provide five deed-restricted employee housing units in the hotel. A total of 1,479 square feet of GRFA will be used to construct the units. This is an increase of one unit and 209 square feet of deed-restricted space over what is existing today. In determining compliance with this criteria staff completed an Employee Housing Generation Analysis to determine the incremental number of new employees that may be generated as a result of the hotel redevelopment. The results of our analysis are listed below: a) Health Club b) RestauranUBar Emplovee Generation Analvsis = 18,552 sq. ft. @(1.2511000 sq. ft.) =23.2 employees = 2,372 sq. ft. @(6.5/1000 sq. ft.) =15.4 employees c) Lodging = 37 units @(1.00/unit)= 37 employees =1 .6 employeesd) Multi-Family (DU) = 4 units @(.4/unit) TotalEmployees = 77.2 employees (- 68 existing employees) = 68 employees (X 0.30 multiplier) = 3 "new" employees There is no change to the employee generation requirement. VI. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the request for a conditional use permit to allow for the operation of a fractional fee club within the Vail Mountain Lodge based upon the following factors: A. Consideration of Faetors: Before acting on a mnditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. In January of 1997, the VailTown Counciladopted Ordinance No. 22, Series of 1996. In part, this ordinance amended the Public Accommodation Zone District allowing fractional fee clubs as a conditional use and set forth criteria for the Commission to consider when evaluating such a request. Since that time, the Austria Haus Club redevelopment proiect has been completed and the Gore Creek Club has been approved by the Town. The Austria Haus contrains 28 fradional fee club units and the Gore Crcek Club has been approved to construst66 units. The applicant is requesting the issuance of a conditional use permit to allow for the operation of a fractional fee club within the Vail Mountain Lodge. The proposed club would be comprised of I two and three bedroom club units. These units would range in size from 1,154 square to 1,873 square feet. The average club unit size is approximately 1,504 square feet in size. According to the applicant, the ownership of the club units will meet the minimum requirements of fractional fee club units in terms of intervals. The minimum requirements are has no fewer than 6 owners and no more than 12 owners vvhose use is established through a reservation system. To accommodate this change, the applicant is proposing to eliminate three accommodation units. Through the adoption of Ordinance No. 22, Series of 1996, the Town further recognized the need for lodging altematives for our guests and visitors. In passing the ordinance, the Town Council found that quality fractional fee clubs are an apprcpriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying the resort lodging market product within the Town of Vail. Equally as important, the Council believed that fractional fee clubs were 10 s 5. simply another of many forms of public accommodations. lt has beEn a long held belief that in order for the Torn to remain competitive and on the leading edge of resort development, altemative lodging opportunities must be created and creative financing vehicles for hotel redevelopment must be implemented. Staff believes that the conditional use permit for a fractional fee club within the Vail Mountain Lodge will be beneficial to the Town and will have a positive impact on the development objectives of the Community. The efrect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. As there is no substantive change to the exterior or the occupanry loads of the building, staff believes that this review criteria is not relevant to this request. Effect upon trafiic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There is a positive impact on the parking requirement of the Vail Mountain Lodge if this proposal is approved. The Vail Mountain Lodge is located in the Commercial Core Parking Area of Vail Village. As such, the parking requirement for fractional fee club units and accommodation units is 0.7 spaces/unit. In the case of this proposal, the total parking requirement of the lodge is reduced by 1.4 spaces (3 Au's vs 1 FFU). The Vail Mountain Lodge is currently non-conforming with regard to total number of parking spaces. This application further reduces the non-conformity. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in rclation to surrounding uses. As there is no substantive change to the exterior or the occupancy loads of the building, staff believes that this review criteria is not relevant to this request. Prior to the approval of a conditional use permit for a time-share estate, frac'tional fee, fractional fee club, or time-sharc license proposal, the following shall be considered: a. lf the proposal for a fractional fee club is a rcdevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. lf the proposal is a new development, it shall provide at least as much accommodation unit GRFA as fractional fee club unit GRFA. The Vail Mountain Lodge is a redevelopment of an existing hotel. The proposed hotel shall be required to maintain an equivalency of the 11 presently existing number of accommodation units. The applicant is proposing to meet the equivalency requirement by replacing a greater of accommodation units. According to information on file in the Community Development Department, 20 accommodation units exist today. The applicant is proposing to replace and/or remodel the existing units with 27 new hotel rooms totaling approximately 12,851 square feet. b. Lock-off units and lock-off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage, No lock-off units are proposed. c. The ability of the proposed project to create and maintain a high level of occupancy, The fractional fee club component of the Vail Mountain Lodge proposal is intended to provide additional hotel and "hotel-type'accommodation units in the Town of Vail. The applicant is proposing to incorporate I member- owned club units (fractional fee club units), with 27 new accommodation (hobl) rooms. Although not in the present design, staff believes that lock-off units provide an additional community benefit of added'pillorc". lf a fractional fee club unit owner purchases an interest in a multiple bedroom unit, and does not desire to utilize all the bedrooms, they can then have the opportunity of retuming the unused bedrooms (lock-offs) to a rental program. Staff feels that by providing lock-off units and managing the availability ot the lock-off units in a rental prcgrem when not in use, a fradional fee club project can significantly increase the availability of accommodation units in the Town of Vail. Staff would recommend that the applicant provide "lock-off opportunities into the design of the fraciional fee club units. Through our research on the fractional fee issue back in 1996, staff identified some potential positive impacts of fractional fee units in the Town of Vail: A) Activity during the "shoulder seasons" tends to increase due to an increase in year-round oscupancy; B) The attraction ot revenue-generating tourists; C) The efficient utilization of resources. This is the \rarm beds" concept; D) More pride of ownership and community buy-in with fractionalfee club units than with accommodation units; E) Increased levels of occupancy; and F) Increased resort exposure due to the extensive number of interval owners. Staff believes these potential positive impacts are still true bday. 12 d. Employee housing may be requircd as part of any new or rcdevelopment fractional fee club project requesting density overthat allowed by zoning. The number of employee ho$ing units will be consistent with employee impac$ that are expected as a rcsult of the project. The staff included the fractional fee club units into the calculation of the employee generation resulting from the proposed major exterior alteration and conditional use permit requests. Based strictly on the number of club units, the development will generate a need for 7 "neu/' employees. When the multiplier of 0.30 is factored in, 2.1 of the "nera/' employees which the developer must provide deed-restricted housing for, are generated by the fractional fee club. There is no change in the employee generation requirement as a result of the amended proposal. e. The applicant shall submit to the Town a list of all owners of existing units within the projec't or building; in written statements from 100% of the ownerc of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it is signed by the owner more than 60 days prior to the date of filing the application for a conditional use. The applicant, Ron Bryne, d.b.a. VML, L.L.C., has written legalauthority to act on the behafi of the owners of the property. No other written approval is required. 13 o I g,qUZNRAL]IN ASSOCIAII-IES, INC. PLANNING and COMI'4UNlTY DEVELOPMENT March 5, 2001 George Ruther Chief of Planning Town of Vail 75 S. Frontage Road Vail, CO 81632 Re: Amendment to Conditional Use Permit for Vail Mountain Lodee Dear George: We are submitting to the Town of Vail aproposed amendment to the conditional use permit for a Fractional Fee Club at the Vail Mountain Indge that was approved last spring. We wish to add one additional fractional fee club unit (FFLD to the seven that were already approved. The proposed change in use will not have any exterior impacts to the design of the building and the proposed building will remain in compliance with the requirements of the PA zone district, parking requirements, and all other development standards of the Zoning Regulations. In conjunction with this change we are reducing the number of accommodation units (a permitted use) from 30 units in the previous approval to 27 units (which remains an increase in accommodation units over the 20 existing accommodation units). In essence, three accommodation units are being converted to a fractional fee club unit. Additionally, the large dwelling unit on the east end of the building is being converted to two smaller dwelling units. These changes are fully in compliance with the PA zoning and all other applicable zoning standards for the site and do not require Planning Commission approval as these uses (dwelling units and accommodation units) are permitted as of right on the property. We believe the proposed changes are consistent with the criteria for a conditional use permit and are consistent with the March 13, 2000 Planning and Environmental Commission approval. The change to the Fractional Fee Club represents only a minor change to the overall program for the building. Ifyou need additional information please do not hesitate to call our office at 926-7575. Edwards Village Center; Suite C-209 0105 Edwards Village Boulevard rofl (rnce 60x 16J6 Edwards, Colorado 8 | 532 Ph. - 970.926.7575 Fax - 970.9)6.757 6 www.braunassociates.com - ! r!J e ] BRIDGEWATER, 8.A., JR & BARBARA P. 83OO MARYLAND AVE sr Louls, Mo 63105 GALVIN, ROBERT W. & MARY B. ROLLING OAKS FARM 160 DUNDEE ROAD RTE 68 BARRINGTON, IL 60010-9399 KNOX, GEORGE WASHINGTON, IV 291 BRIDGE ST vAtL, co 81657 HARRIS TRUST & SAVINGS BANKAS TRUSTEE OF THE CHRISTOPHER B. GALVIN REVOC TRUST 111 W MONROE ST ATTN: JANE BARNETT cHtcAGo, lL 60603 4 : RIDDER, P. ANTHONY & CONSTANCE M.255 MOUNTAIN WOOD LN WOODSIDE, CA 94062 LLOYD, MARION M. 25060 ST MARYS RD LIBERTWILLE, tL 60048 1999 GORE CREEK PROPERTY TRUST C/ONJNICHOLASJR 45 W 67TH ST'- 19F NEW YORK, NY 10023 VORLAUFER CONDOMINIUM ASSOC INC % BETTY J. PENNER 8082 ROUTT ST ARVADA, CO 8OOO5 VIaQUEZ, NYLSA M, BOX 50 MAUAGUEZ PUERTO RICO OO7O9 MOUNTAIN HAUS CONDOMINIUM ASSOC 292 E MEADOW DR vAtL, co 81657 ..*,r=" MAY AFFEcr rou* r*or=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 wilh Section 12-3-6 of the Municipal Code of the Town of Vail on March 26, 2001, at 2:00 P.M. in the Town of Vail Municipal Building. In consideralion of: A request for variances from Section 12-OD-6 (Setbacks) and Title 14 (Development Standards- locating required parking in the Righi-of-Way), to allow for a residential addilion and remodel located at 2955 Bellflower Dr. / Lot 6, Block 6, Vail Iniermountain. Applicant: Alan Peters, represented by Braun AssociatesPlanner: Allison Ochs A request for a modification to an existing conditional use permit to allow for the use of two modular classroom units at Vail Mountain School. located at 3160 Kalsos Ranch Road I Lot 12. Block 2, Vail Village 12'h Filing. Applicanl: Vail Mountain SchoolPlanner: George Ruther A request for a variance from Section 12-6C-6 of the Vail Town Code, to allow for a proposed addition in the rear setback, located at 5027 Ute Lane/Lot 31 , Vail Meadows Filing 1. Applicant: T. Larry & Renee OkuboPlanner: Brenl Wilson A request for a conditional use permit, lo allow for a Type ll EHU, located at 185 Forest Road/Lot 26, Block 7, Vail Village 1"' Filing. Applicant: Oscar TangPlanner: Ann Kjerulf A reguest for a variance from Section 12-7H-1O of the Vail Town Code, to allow for an propose addition in the rear setback, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1o Filing, 1d Addition. Applicant: Lions Square Condo AssociationPlanner: Bill Gibson A request for a Type ll Employee Housing Unit, located at 1552 Matterhom Circle/Lot 2, Timber Vail Subdivision. Applicant Ranch Creek DevelopmentPlanner: Bill Gibson A request for a variance from Section 12-7D5 of the Vail Town Code, to allonr for the addition of mechanical equipment within the required rear setback at the Brandess Building, located at 2077 N. Frontage Rd./Lot 39A, Buffehr Creek Subdivision. Applicanl: Jayne Brandess lrrevocable Trust, represented by Abacus CommunicalionsPlanner Allison Ochs . ,( r X A final review of a request for a rezoning from Agriculture and Open Space to .. t /; l:) / I Primary/Secondary Residential and a Minor Subdivision to create two residEnlial lots and I r[t!.|., lt I ' i , a requ6st for a recommendation to the Town Council for an amendment to the Vail Land ntL/t\([t. lAlt) Use Pfan changing the land use designation from PublidSemi-Public use to Low Den-sity u v ' '/il | | ) Residential, located at 3160 Booth Falls Road/Part of Lot 12, Block 2, VailMllage 12"' /:\ q{{Firing. KftiA 0' ' bDfti mwN0FuALw Applicant Boothfalls nlileowners Association, represented O, t" Associates, Inc. ' 1 . ' Planner: Russell Fonest A request for a final review of a conditional use permit, to allow for the construclion of Phase I of Donovan Park improvements, generally located soulheast of the intersection of Matterhom Circle and the Soulh Frontage Road. Applisant: Town of VailPlanner: George Ruther A requesi for a worksession to discuss a proposed special development district to allow for the construction of a new conference facility/hotel; ahd a final review of conditional use permits to allow for the construc'tion of fractional fee units and Type lll employee housing units at 13 Vail Road / Lots A, B, C, Block 2, Vail Village Filing 2. Applicant: Doramar Holels, represenled by the Daymer CorporationPlanner: Brent Wilson A reguest for a major amendmenl to Special Development Distric{ #4, to allow for the conversion of an existing indoor tennis court to a spa, located at 1295 Westhaven Drive/Cascade Village. Applicant L-O Vail Hotel Inc.Planner Allison Ochs A request for a conditional use permit, to amend an existing conditional use permit, to allow for' one additional Fractional Fee Club unit, located at Vail Mountain Lodge, 352 E. Meadow Drive/Part of Tract B, Vail Village 1"' Filing. Applicant: Braun Associates, Inc.Planner: George Ruther The applications and information about the proposals are available for public inspeciion during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 Soulh 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 cr,ll 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Departmenl Published March 9, 2001 in the VailTrail. l.tltl*l **'l***rl*l *+'*'* TOWNOFVAIL, COLORADO Sht€MCNrt'lf*+*l***l*tt**+*lt***lt****++*****'t't'i*t**,t+**t*tf*tl**+*++******+t,tt**f*rr+r,trr**rr*t*,t**+:**,*gtatement Number r R000000495 Anount,: 9250.00 03/og/200ro3247 pr! Pa)rment. llethod: Check Init : iIAR Notat,ion: 2'146 Perml c No3 PECOIOO1S Type: pEC _ ConditionaL UEeParcel No: 2101O8Z55OO1 Site AddreEe: 352 E tt{EADOIf DR VAIL L,ocation: Total Feea: 9250.00Thia payment: g25o.00 Tota1 ALrL pmta: $250.00Balance: 90. O0*ll*'t'tl+*f f i********t*t*l+***{'**:}tt**{'***'}***+i+tt***tr'tr*t***'t't*'}*{.*rrt*i{r'}*rrr+t+tt+tt***'+'tt*** ACCOI]NT ITEMLIST: Account Code Description Current pmts PV OO1OOOO31125OO PEC APPLICATION FEES 250.00 at**'**f ll*!t*rl***l't*rll*aa!tri** TOWNOFVAIL, coLoRADO st{tem€nrtit**tf,***ff*+**'il**l'*******t**lt'|******'ltt**{.*t*+**,r**+***t}ttt+*:t*+t******r,}*++*{,rr*t*lt,}+++*,} gtatement Number; R00ooo0495 Arnount: g250. oo 03/og/200103 147 ptl Palment Melhod: Check Init.: {IAR Notation: 2746 Permit No: Parcel No: Site lddreee: IJoCation: Thie Payment : P8C010015 Type: pBC - Condltional Use 210108255001 352 E I|EADOW DR VAIIJ Total FeeB: Total I\IJIJ Pmts : $2s0.00 9250.00$250.00 Balance: $0.0Of *+tt*l*tf*l*'t**+'*tt**'t'|***:****'1.*f 'tt****{t**+**+*f *f *!**t***rt***'t*t+******!i*,i*++***t**,t*t*****t} ACCOIJNT IIEM LIST: Account Code Descri pti on Current Pmts PV 00100003112500 PEC APPLICATION FEES 250. 00 I mnil/tgrR.AurN ASSoclAl-lES, lNlc. PLANNING and COI'41'4UNlTY DEVELOPMENT MEMORANDUM TO: George Ruther, Chief of Planning FROM: DATE: RE: Braun Associates, Inc. February 27,2001 Vail Mountain Lodge - f,'['U, AU, and Condo Floor Area Calculations - Revised Below is an analysis of the revised floor areas that are planned for the Vail Mountain Lodge. This analysis shows that the development remains in compliance with the PA zone district and the PEC approval. The changes to floor areas are a result of more accurate calculation methods and revised layouts of many of the residential/lodging units. The overall square footage ofthe project has increased (based on the PEC approved plans). Based on the changes to the plans, we have determined that NEW AU and FFU square footage accounts for 7l.6Yo of the new GRFA in the building. The PA zone district requires AU/FFU sq. ft. to be at least TOVo of the total GRFA added to the building. Therefore, based on the revised floor plans the building is in conformance PA zone district. Overall GRFA Calculations Use PEC Plans New Plans Difference AUs FFUs 15,081 sq. ft. 10,529 sq. ft. 15,579 sq. ft. I1,847 sq. ft. + 498 sq. ft. + 1,318 sq. ft. Condos 8.235 so. ft. 8.564 sq. ft. + 329 sq. ft. Total 33,845 sq. ft.35,990 sq. ft.+ 2,145 sq. ft. New GRFA Added to Building (PA Zone District) Use PEC Plans New Plans Difference New AU and FFU sq. ft.12,851 sq. ft.14,667 sq. ft.+ 1,816 sq. ft. New DU sq. ft.* 5.494 sq. ft. 5.823 sq. ft. + 329 sq. ft. Total 18,345 sq. ft.20,490 sq. ft.+ 2,145 sq. ft. * There was 2,741 sq. ft. of DU sq. ft. existing in the building (small units with kitchens). Edwards Village Cente[ Suite C-209 0 | 05 Edwards Village Boulevard rofl (Jntce 60x -165b Edwads, Colorado 8l 532 Ph. - 970.926.7575 Fax - 970.926.757 6 wwwbraunassociates.com The Town of Vail (in the PEC memo dated March 13, 2000) indicated that there was 12,851 sq. ft. of new AU and FFU GRFA and 5,494 sq. ft. of new dwelling unit GRFA being added to the building. Based on the figures in the table above the total amount of GRFA on the property is being increased by 2,145 sq. ft. There is now 14,667 sq. ft. (71.6%) of new FFU/AU GRFA and 5,823 sq. ft. (28.4%) of new dwelling unit GRFA being added to the building. This complies with the PA zone district regulations on GRFA. There are also some very minor floor area changes to the health club and the wine bm. Attached is a set of plans showing the revised floor areas as well as a table with the floor-by-floor GRFA calculations. If you have any questions, do not hesitate to contact us at 926-7 57 5 . AR [A CALC U LATIO \,I S AR[A3- 1 SQUARE FTIT W]Nt BAR ADD T]ON 172 ARIA3- 2 HTALTH CLUB ADDTITION 350 ARtAS-3 A.U. F. r. u. , )/1L, L --T /- R71 AREAS _ 4 A. U. i. F. u. A 1q3 f ,416 ARTA3-5 D. U. A. U. tX]STING CCNDC o.,lJv1 / 1q7 L,J\J / ARtA3- 6 A.U. D. U. TXISTING CCNDOS 2 q3? 2,5+2 1,828 TOTAL TCTAL A.U. TCTAL D.U. TCTAT T.F.U. TOTAL T.H.U. IXISTING CCNDCS 1 5,57I R 564 1 1 ,847 1,665 4,335 PROJECT TITLE: VAIL MOUNTAIN LODGE EXPANSION AND RENOVATION DATE: 02126101 PROJECT NO, 00220.20 DRAWING NO. DMWING TITLE: AREA CALCULATIONS DWG REF: CAD FILE: Davis partnership p.c., Architecis I Denver ofiice: 2301 Blak€ stroet suile 100 Denver, colorado 80205-2108 303.861.8555 Fax 303.861.3027 lVail Office:0137 Main Sireet Unit C106 P.O.Box2711 Edwards, Colorado 81632 970.926.8960 Fax 970.926.8961 , r!:."-* I1.t?7 FRoHsBRA-[.,r ASTTATES BAI/tsRAI-IN ASSOCIATE INC. 4,.. - roTS+1*4297a9?61516 HJANNING zd COH JNITY DEVELOPi4ENT Febrruary 26, 2001 Gtorgc Ruher Chief of Pluuring Tonrn of Varl ?5 S, Frontageltoad Vail, CO E1657 Re: Pavet Crosswalk on the Vail Mountaln Lodge Dcar Georgc: P.WL/WI Tbis letter is intended to crmfrrn th,rt ths Vail MountriD lndgc will not be respoDsibte for placing tho pavcr crosswalk on Eost Meadow Drive located just #est of the VML building entrancc a.s previously shown on develcpmart plans tbr thc site, tl Last week the (-'ommunity Dcvelopment and Public Works staff informod us that thc crosswslk planncd in its curent location would carrse problems for the Priblic Wq*s D€edmeil. Thc Town providcd trro optionr to esohtc the iesue: l) O climinate thc crossq/dlk; anrl 2) rrdd pavers to the existing crossnralk at thc intcrsection with Vail Vallcy Drivc. 'I'he owner has decided to eliminate the crosswalk. Any future plans submitlEd for the project will no longer include this crosswalk, Ifyou have any guestions, plcase call mc at 92G7575. Jay Pttetson Jason Olirck Keith Oxenreiter C: 4-' EArp*fal*e Center; 9rite C-209 0 I 05 6ttvrrardr Villaga Eoulc..rard fron Ottrca Bor 2658 kuanch Cdorarlo 01632 A\ - 970926.7575 Fnt - ,709A6:?576 l,A|vrir.D-dr rlgsosrtCr.com TOWN OFVAIL Departmenl of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us Eagle County Ambulance District Town of Vail Fire Department Town of Vail Police Department U.S. West U.S. Post Office firycop Holy Cross Electric Public Service Company Public Service High Pressure Cas TCI Cablevision Eagle County Assessor's Office June 20, 2000 Ron Byrne 285 Bridge Street Vail, CO 81657 RE: Building name change request for the Vail Athletic club to the vail Mountain. Lodge. Dear Ron: The request for the change of name for the Vail Athletic club to the vail Mountain Lodge has been approved. The following agencies have been notified ofthe change: Eagle River Water and Sanitation District should you have any further questions, please feel free to contact me at 479-2369. Sincerelv./'t.. '-' dt/) /Uftll)ilUtil' Allison Ochs Planner II \WAIL\DATA\EVERYONE\ALLISON\ADDCH. DOC $R ECYCLEI' PAPEfr o tWTS\Il.nt 9/$EBSWE-aDlu aSgL dPrilIo0tFrrapx?e9I0 oplnFE tFnxEE 8gsBng'grg dm/\ rpilnpg g0I0 ?/l e'/' F4//ry hn,]uil ll,lYt4 */Aril-fo+l,tw(I TnFw/@Y "r/ft?Y,TldltulnW "9*ry ,L'af"uto//*''+ -'.\,r'rt rx! :ltlv[ F. ${tr{llYld zghz'Wh .rr ryr , rY? votlw {tr ,tLTi ebil r8trMtfirt @rmqglqq)'f, €rove s>agN -?"Dro'yl tutrrr'yrry'r gEqt :mltrl ffg tu.9(a4 (y.+5e P.vvc'avc .-.-.-T' No'6s ?'?ne' ./- \ ,rt\t- r h/\ L-,--' R]r|f ^TINTNSS ASTSIGI{TfiNT AilII CHAIIKE FOnI|ISI?EETTDDTNIISA!T9 nasstsa ftB h! bi[lrD.FE dC@Daeopar 7f S nurCeld'Yd'Oq$Sf DupatyO*taltlc fdrlhgAddrrrr Pr'lDCOtffirr$bnmc: AcillnceEiltt& Gul I*edDcsiptbr CmrdAd&rrs l#rrlAddrtss dgtFr fqraofVrilFraUcgs- r ?naofVdlotcDcluffi Ughcdsctrrnl IlEWctll*sq fuU & Aroc' Dfll Qoorfur' Td Cd|anrsbr tlrc lo&r+teg ryPas fl b ffi { il' X€fo Cddy AnbubeDEia nrl|c OcmyArcgr0ffierilc rtsrwudsrtdaDh= m' -ty Crm gb.tis' regbclhg D+ ftriliEllrrYlcaSryrry RlDtb S.illcttSb lrEsrc (b rF cvn nnftr ETFF.E *o l1l1ry#=ffiffiffifiH* d -agn:clFFt@Ge.. tilE 111lFaffi a.rllfrl b r&FE tbE ri*lrqdEdft* Sqpir*rwwrtr couiWDcrcfln:lcI$8 .+?9€l3t tgafi?y{9 IIL!Itrr|.lD|!g!tu!.7r*iffi frr.?$4175 AfrrrUdt Ittc{7t-1t00 tr 47r.Ztl6 htEcworbIbs,119tl5t h,47}lf6 .-., $$\k EfteGntY.|drhoccr i\,u" r-c E-+lerci tutatzts , n#*{ Egrl srrrdcr* T6u'"' -' Fil&E{lilf nln}llE! TrenO EFns n c$py cE^^\@<. c Ux_rp*rur{) TO -'tft.tE t/*tt- ruxs,. y'&- ?L\6LIL S14raf'l q- k:rnwrcrrlrr'"$!1oo * JUN-iS'00 i'I.08 FFOtt:T0V'C0I{-DEV-DEPT, ID,9?04?92{51 PACE 212 w#t*.ff.r#ffi+,#ffj$Bxn"'-'''sr#{a $'6s ?|gErys t,..!-ubffi hqmltrE r&h3Aff !WOr-ttc frttf+.r.A lstDlrSE dAaet hl;idAlirr ^'/Ar+'---ffiTspEF ffie*-rr.r€r*'SffiSIR** fr 1..t. t I gnUrrl4 qdD#h.tailt halra.|l f'il8fit . I3#fl,a1u,r ]$tt thf.aDillti lh'Oxlf or,'il\dlilEffif--"#FElr-'crc ''''l*-'= ---s-t"' -' }flG'Fhog.0f:-JF.v*Il-}.ir6utL5pa1+q.,(amrnnnl!ili|lcrS'CF".re.- CsuFnrtr{) -nr$l nfu "- Jun zu uu ur:rbp eagre counEy ambulance :r./u +./tj usl:t p.I JuN-le-ao r4:@5 FRoH:Tav-colv-DEpT. rD,s?o4?eaa PAGE 2/a 1g-sls-ttE#$d[ffih-S.W-1WT,SE ...-,Js.'#F r$'rbb F'*r.e. lf-ff -I nta6 tllrt! 'rtltt"-Ulttlivrrtrr r * srnrrr'D*ssassrc*!rurrmc',.rcErfirr ;1nrsldr b;,tuD;rl*drrdDaatsr F EEqehivrr' QtlEf tEdtOGIG ltdhgrdags Is*ryOtFSEtr eOfafnrcct rE br*Iloicl4ldnF(F1brofftilh UnroDFit&fm,oflld,&DEFuIIShdsrb, usullnehrq,bHc.&DllIGffir 16Ctlitrn&t EsC*3DEt ,E f,il:-Fl-eaf nlE--E =_ury5. -b:E IE =f : i €r*rr- ur,-^iE+oelE : G =F --- ELc- s#--aif--G.=-.-:G f*CnrDrFbs l}(qlAdnct rtiiltAd'tts .,.-'r+rlrrrfF bc6sllt fcaiIlillE u.?tiul6 h{ilrzlf u"h*l tr*sN il-rd RtrtE SF^O € c6py -To ..B(E y*lr_ 7U\gLrL 5$Fsfl +- (arnrnnn'c,il+rrs C.Fl\@< CUrmfc$l) rUxS I )ft-- To: Eagle County Ambulance District, Steve Knight Eagle County Assessors Office Eagle River Water and Sanitation District Holy Cross Elecffic, Engineering Dept. Public Service Company Public Service High Pressure Gas TCI Cablevision Town of Vail Fire Department, Mike McGee Town of Vail Police Department, Miranda Steber U.S. Postal Service U.S. West, Carson Bell Johnson, Kunkel, and Assoc., David Despeaux, E9l I Coordinator From: Allison Ochs Town of Vail Department of Community Development Date: June 20,2000 RE: Building Name Change Pages: 2 (if you did not receive 2 pages, please contact our ffice immediately) 926-5235 328-7370 476-4089 949-4s66 949-3289 468-1401 949-9138 479-2r76 479-2216 476-t065 910-244-4349 328- l 035 Vail Athletic Club to Vail Mountain Lodge (club remains the VAC) Please update your records accordingly. Ifyou have any questions, please contact Allison Ochs at the Department of Community Development Departrnent at (970) 479-2369. VAIL\DATA\EVERYONE\ALLISON\ADDCH\FAX I ,lIII.I .I 'I .rII, ! fl ;; Et- =t- Fm 6l I fc --..> >_cr:>-. I :;;:-- v. ' t\ '$ 'lfii ; J.'.-., cat \ ' 1: tl"€ i .. 'r.' Ar\ i /.: ! i-'/,"7/,i /,; ..7.. , /,r, , ,r' u: I a _"-1 E IA 11 t$lHu il'ri F 5t- x mItrzotl (-- f,r rO Design Review Action Form TOWN OF VAIL Project Name: Vail Athletic Club & Spa Project Number: Proj00-0126 Project Description: Sign, lighting and landscape approval Owner, Address and Phone: Ron Bryme Architect/Contact, Address and Phone: Tom Braun, Braun Associates, Inc, P.O. Box 2658, Edwards, Colorado,8l632 Project Street Address: 352 East Meadow Drive Legal Description: A part of Tract B, Vail Village Parcel Number: luilding Name: Vail Athletic Club & Spa Comments: Project#: ***PLEASE CONSULT TIIE T.O.V. BIIILDING DEPARTMENT REGARDING POTENTIAL ASBE STOS ABATEMENT ISSI]E S _ 47 9.2325* * * rI Motion by: Pierce Seconded by: Woldrich Vote:4-0 Conditions: Town Plarmer: George Ruther Date:6/7/00 Board / Staff Action Action: Approved F:\EVERYONE\DRB\APPROvAL\97\ | DRBAPPR.FRM DRB Fee Pre-Paid: 520.00 ) ?ru sopr Department of Community Developmenl 75 South Frontage Road Yail. Colorado 81657 970-479-2138 Fttx 970-479-2452 www.ci.vail.co.us December 27, 2001 Mr. Jay Peterson Bailey & Peterson, P.C. WestStar Bank Building, Suite 210 108 South Frontage Road West Vail, Colorado 8 1658 Re: On-site Real Estate Sales Oftice at the Vail Mountain Lodge Dear Jay: The purpose of my letter is to surnmarize our conversation of Wednesday, December 26, 2001, regarding an on-site real estate sales office in the Vail Mountain Lodge, located at 352 East Meadow Drive. According to the Offrcial Town of Vail Zoning Map, the Vail Mountain Lodge property is located in the Public Accommodation Zone District. The land use regulations for the Public Accommodation Zone District are outlined in Chapter 7 of the Zoning Regulations. According to Section 12-7 A-4 (Accessory Uses), in part, dre following accessory uses shall be pennitted in the Public Accommodation Zone District, "other [ses customaily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. " On March 13, 2000, the Town of Vail Planning & Environmental Commission approved a request for a conditional use permit to allow for the operation of a fractional fee club within the Vail Mountain Lodge. The operation ofthe club has been approved in accordance with the requirements set forth in the Vail Town Code. While professional and business offices are conditional uses in the Public Accommodation Zone District, staffhas determined that office space dedicated for on-site sales of the fractional fee club unit intervals is customarily incidental and accessory to the operation of the fractional fee club. The selling of real estate for properties off-site or properties on-site that are not fractional fee ctub units (i.e., condominiums) is prohibited. Should you have any questions or concerns with regard to the information addressed in this letter, please do not hesitate to call. I can be reached most easily by telephone at479-2145. Sincerelv. ,U*Q'tl*t Ceorge Ruther, AICP ChiefofPlanning Town of Vail {S u"nuorn"t, @ryL33 C,t:l^, D€poa;f cETiER OF eRtDfI ffivr*r Legal Description: Lot 1E{64Block 5'6 Subdivision: \r+il ! illrqC lrr ]ddres$ 35Z- alsr miloo4t pA.I Date of Expiration:_ lltsl?nz DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 8fr0"y ol AtO@ , 20-O:_. By and among vMT.. T.T.c (hereinafier called the "Developer"), and the TOWN OF VAIL (hereinafter called the "Town") drd wasrstar Bank (hereinafter called the'Bank'). WHEREAS, the Developer, as a condition of approval of the Vai1 Mountain Lodqe fffiSdifl$x6UXm&*UxffbhXXpfflt{ wishes to enter into a Developer lmprovement Agreement;and Building permit WHEREAS, the Developer is obligated to provide security or collateral sufficient in the judgement of the Town to make reasonable provisions for completion of certain improvements set forth below; and WHEREAS, the Developer wishes to provide collateral to guarantee performance of this Agreement, including construclion of the above-referenced improvements by means of the following: Developer agrees to establish a cash deposit with the Town of Vail in a dollar amount of $ 60, ann (125olo of the total cost of the work shown below) to provide security for the following: IMPROVEMENT Attach a copy of the estimated bid. NOW THEREFORE, in consideration of the following mutual cwenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at the sole cost and expenses, to furnish all equipment and material necessary to perform and complete all improvements, on or before JuIt, I5 , 2 0 0 Z The Developer shall complete, in a good workmanlike manner, all irfrprovements as listed above, in accordance with all plans and specifications filed in the office of the Community Development Department, the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: \VAIL\DATA\CdeV\FORMS\DIA Cred it. d oc Page 1 of 5 Such other designs, drawings, maps, specifications, sketches, and other matter submitted by the Developer to be approved by any of the above-referenced govemmental entities. All said work shall be done under the inspection of, and to the satisfaction of, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Town of Vail Community Development Department and Public Works Department. To secure and guarantee performance of its obligations as set forth herein, the Developer agrees to provide security and collateral as follows: a. 2. lrrevoca with ble fetter of credit #in the amount of $ (name of bank in Eagle County) as the security for the improvements set forth above if there is a default under the Agreement by Developer. 3. The Developer may at any time substitute the collateral originally set forth above for another form or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein and the performance of the terms of this Agreement. Such acceptance by the Town of alternative collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall theTown, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its otficers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incuned by the Town in conneclion with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. 5. lt is mutually agreed that the Developer may apply to the Town and the Town shall authorize for partial release of the collateral deposited with the Town for each category of improvement at such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition will the amount of the collateral that is being held be reduced below the amount necessary to complete such improvements. 6. lf the Town determines, at its sole discretion, that any of the improvements contemplated hereunder are not constructed in compliance with the plans and specifications set forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but shall not be required, lo complete the unfinished. \VAIL\DATA\cdev\FORMS\DlA Credit.doc Page 2 of 5 lf the costs of completing the work exceed the amount of the deposit, the excess, together with interest at twelve percent (12o/o) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collec{ed in the same manner as delinquent ad valorem taxes levied against such property. lf the permit holder fails or refuses to complete the cleanup and landscaping, as defined in this chapter, such failure or refusal shall be considered a violation of the Zoning Code. 7. The Developer wanants all work and material for a period of one year after acceptance of all work referred to in this Agreement by the Town if such work is located on Town of Vail property or within Town of Vail righfof-way pursuant to Section B-3-1 . 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. \WAIL\DATA\cdev\FORMS\DlA Creditdoc Page 3 of 5 Dated the day and year first above STATE OF COLORADO COUNTY OF EAGLE ss. of RB Manager, LLC, Managing member of managing member VML, LLC J:)'.IF,';iis Witness my hand and official seal. My commission expires STATEOFCOLORADO I )ss.couNTYoF EAGLE ) The foregoing Developer lmprovement Agreement was acknowledged Day ot - &rpBr'o ,z1'Q.Jby bf.-tr',pr-?me thisg Witness my hand and official seal. My commission expires: \\VAILu)ATA\Cdev\FORMS\D!\ Credit,doc Page 4 of 5 o Bank STATEOFCOLORADO ) COUNry OF EAGLE The foregoing Developer _ day of \Mtness my hand and My commission \WAIL\DATA\cdOV\FORMS\DIA Credildoc Agreement was acknowledged before me this Notary Public Page 5 of 5 18/8I/286I 17:59 L91A84 OXENREIDER SHAW ffi Oaober 1,2001 Re: Vail Mq$tain Indge - Estimatc for T.O.V, Hardscape at East Meadow Drir'B JayPaersm Bailey arrd Pammn 108 S. Frurtago R@dWesl Suits 204 Vail, CO 8165? Fax 476{099 Doar Jay; Belout we havo prwided the estimal€d co6t6 for performing the '"T,O.V. work" m the Nofih Side of East Meadorr Driva (b*reen tte two parking strucorc entran€€s) as we'w discussed md as described belonr. + tlardscape DanroliticnlEarthworlclSubgrade prep (l560st +/-) c Flgtwut/Radiffit tleat (15606t +/-) + 6'{" high Stcme Venoer oo Parking Structuro Walls (492sf,+l) Totrt Cost = 4&08q00 Thaok you, and if yor have any questiors or c{nnmeotf, please call. Sbcerely, SflAW Construction L.L.C. cc: Rm Byne, vtUL, L-L.C. (970) 47$674'l Clark Afkiascna, $harr Ccnrstmcioq 5894o PAGE g2 ,.p .o *ffilunil Feo,.r oPF inp Rovamat =.(+ff 6ith E. Oxqueider, P.E. ( hela5o; ?Rr&.91{€F5; -D'e4i!rAl1e) DAILYREPORT Shaw Construction CofFiy hvic nmrmhipAwhiectl No.00265 352BrltMrds{Driw Pione 97M7?{4ll Frr: 970-4?74416 vrsrrons Thc '.00 Ccrullod By: Shrry fryEucdmsg'ra' ,-3 - sr.6r ' stsvb Ritcnq DAILY Rf,PORT. Shaw Construction No. fi)265 352 Erat Mscdow Drive VeiL CO tl65? 1TMPERATURE:42 - 60 ACTTVTIY PRECIPITATIONNone DATE: 10/1/01 DAY: MondaY JOB: 1520 SKY:Clesr (l) srpcrrinrendene checked messages and did walk thrurgh ofthc day. chccked scsfrolds. [2] Shaw Crgw urcrtirU on Atlrletic club, denrolng oolmos. (3) Elite rrorkins m franing Nortlr Tourcr, frming sofftt main floor. Framing nonh wall Grid line 2 m Grid 5 (4) Yogclmen working on Wost Sidc' (5) Enconpaet is working on HMU Unit t6l Disvision 6 worlcing on solxi side' pi All Strtc wortdng on *rird floor. (t) Jones Strr wor*in8 on l(ara& Roon (9) Falcon working ou second floor norrh to*tr' (10) BeB workrng m eccond floor north tower' athlstic clttb' COMPANI: ShawConsmrction REPORTPERIOD: DailY PR0IECTT Vail Mountain Lodge (l l) Omers Mestine U2l PH Did nte udk IIDLDFORCBLAEOR Cr&Sory Sorrse WIND:00-10 FiniEh Sqerririon Electical Ph{ubing DTV6 ELITE ENCOMPAS VOCELMAN MTTEMP SHAW ALLSTATE B&B ELEC FATfON ,STARR Supv. Frnn Jray. 12 l2 It l5 1 2L ll t.1 ll l3 Appr. WorkAm VML 2 VML YML VML 7 VML VML VML VML 1 VML VIUL Rcnrrfu + I officc t6 l0 i:- r li i?i ili":'" tr!ffiffiffiili*-:l.lfii-!";i-:ij rlt -:i il{ -;ril"-: :lll:lr1:i-lt ll-frlilfrfi-f, i;- I il i:i_ tlt i:{lllll:=,Ji:liitullliill:iliLEirFf{iFiiia:qll,II:}JJ:iIJ!=![:iii1!:T,l5ii F,dFg^,l-e tr_llr#sffi55Slll* jll=ilii=; ,._ti|:_l!!:j-; ! =Tii?:r{l{={lls1q++ft:iil* Fl{lFlJisl{} ;-sll{r:*-ii{jii== lli:Eiir *rtl + ::-rtiF{iijlt: t: l:_,llt:-_ ! iT- ti{:ir' lltfir=!{i= ili#ill=:lll:lll lii"iliil--.!:i ::- i)4MOUNT ftry,Rffi rdF,lij ill-fulll-fu ;.q<{'t={tl l.t{€{fi= ,f,in:llnili! Lili:tl!=]rl ti]--gilr-!!m-jjj {li -::t iil -::iir -]:1 =s Jll;= lil=: M lll=qEftfi= Fiii=iffFlil{li={{t=tfi= ffilljffillFJ IlLfrlt_frf_fr ril+iil+ss :t}{anti:l{iWM n r -::l Eitl:sf:r:!i 1::+M I:- l{{ -- llr +llt;.-- rit ji.Ilii itffi i:- t{l f ttT*iita64ilr-+tti+li+[#ir-dfl*il#"#:tir#iil#[r#iil-#F#ir;#n*il# iffi ffi ffit#,fi ffi ffiHffi+c*E+ffi '#ffiffii ffi ffi ffi ffi ffi ffi llt$foHffi h=ffi* ffi ffi ffi ffi W, effiItLT;il--lrm#fii-Jlliti-lJmcunrbnd-pruo;iJ,iijfrrjffi$ff-lllfr^r!{ffr$r-illi"t$ffJ;rl{Tllifrlli=l{{Tllt*{il=fii=l{{*iii=iii={ii*{{l=iiifl==lri=itu=lli=f{f !-,'r --,,r*l,rHru,ru ii4#trsi#i#ffitrJ I ffi e F+'ru e H,r+'4 g,# trJ tr4 trs'# 19,ruffi itr+1rutrSruif4tr+'.FJ64f$=rrr=lrrFiii#rllFirr*iri5rlrFiiiffSru i tr+ F+ tr+ tr+ F+ tr+ tr+ F+ F+,# tr+,#,ffi ,ff ,ffi ,ffi ,ffi Fffi i #### # # Ft ## # F$ # ffi H# # #ffi il,0OEO ?Oilr r! lO l IO l I tqr:O l IOBE S T Iil. VAIL MOUNTAIN LODGE & SPA VML.LLC Sidewalk Repair $60,000.00 ?u&"P ,olol"ie. CHECK 6070 VAIL MOUNTAIN LODGE & SPA VML.LLC RflTAIN FOFI YOUR REL:ORT]S ead.ir F ah N€BS (UST3$=printlna *fvi(e t-aio{eg.o:lrr CHECK e n7n ,ryF*s ,. p.,.'f'nbrnh - .,u I u ol Design Review Action Form TOWN OFVAIL Project Name : Vail Athletic Club & Spa Final Landscape Plan Project Description: Final Proposed Landscape Plan Owner, Address and Phone: V.M.L., LLC,285 Bridge Street, Vail, Colorado 81657 Architect/Contact, Address and Phone: Same Project Street Address: 352 East Meadow Drive Legal Description: a part of Tract A, Block 58, Vail Village First Filing Parcel Number: 2101 08255001 Building Name: Vail Athletic Club & Spa Comments: Projec#: ***PLEASE CONSULT THE T.O.V. BUILDING DEPARTMENT REGARDING POTENTIAL ASBESTOS ABATEMENT ISSUES _ 479-2325**)TTI Board / StaffAction Motion by: Pierce Action: Approved Seconded by: Woldrich Vote:5-0 Conditions: That thc developer submits a plan indicating screening of the gas/electric meters and the grate at the front ofthe hotel for staffreview and approval. That the developer removes the abandoned landscape improvenrents at the west end of the property and cooperates with the Town of Vail in restoring the stream tract area south of the hotel. Town Planner: Georse Ruther Date:5/4/00 DRB Fee Pre-Paid: Paid t; IlBAymR.AUtN,\sscc1t,\lEs, lNC" tlHlere- f''uJct.t.;r,E'rr,)"Jo.".""" t*n*:ry. e- Fggrl7 * #flz ?erta6 4brtr^+-rr'.. F+pe,ovanelln+ a,\f€trr €Lre,. PLANNING and COIvIMUNITY DEVELOPI'4ENT May 3,2000 Mr. George Ruther Senior Special Projects Planner Town of Vail 75 South Frontage Road Vail, CO 81657 RE: VAC/Landscape Plan Dear George: Enclosed you will find a revised landscape plan and DRB material list for the VAC. Revisions to the plan include the addition of plant materials and minor changes to the location of proposed trees. In accordance with our conversation earlier this week, we have added trees in order to provide an equivalent amount of new spruce and aspen to compensate for trees to be removed. Forty-two aspen trees are proposed to be removed. Based on field observation, these trees have an average caliper of 3.8", with a total caliper of approximately 159 inches. Fifty-two aspens are proposed with an average caliper of 3.5", with a total caliper of approximately 182 inches. Ten spruce trees are proposed to be removed (this does not include three dead or dying spruce on the south side of the building). The estimated total lineal feet of these ten spruce is242 feet. Seventeen new spruce trees are proposed with a total lineal feet of 254 feet. The enclosed DRB material list should provide you with other information you need relative to the landscape plan. Thank you again for you help with this application. Sincerely, encl. CC: Ron Byrne Edwards Village Center Suite C-209 0 | 05 Edwards Village Boulevard rofl (JIItce LJox l65u Edwards, Colorado 8 1 632 ? epE*b trsr or r-redbffiilllill wvwv, b raun as so c tates,corn -t o))l. t o PROPOSep LANDjSCApTNG Fotanical Nanrc Conrtnon Nanc {..i*t <[..ubr Ouantitv .t1 5?. PROPOSED TREES AND SHRUBS: EXISTING TREES TO BE REMOVED: CROUND COVER c11n SEED IRRICATION TYPE OR METHOD OF EROSION CONTROL 5?..r..lo-2.o'\-? <4L ri-'{g.lrg."(u.*er) Ja!ho.fvaric:) *Mininur m ?iQuircntcnts for landscaping:dcciduous trecs - 2 inch caliper conifcrous trccs - 6 fcct in hcieht shnrbs )5o ,*1 - 5 gallons Sguarc Footage . ,rj.ri r r;'A -e,nfuc6^1 L r\^...rc. - -1"".r C erc? ce,*r.e, i -. , I .L+orr-- cor.\.\ I'JV \r.r:. .-r pcc cc.,..:n c.rchs*r rrr^-*,l",,,rrrJl pta . oriiER LANDSCAPE FEATURES (retaining waiis, fenccs, swirmning pools, etc.) please specigr. indicate top andboftom clevations of rctaining walls. Maximum hcight of walls ivithin ttre,tront setLack i" 1 feet. Maximum hcight ofrvails elscrvhere orr thc propeny is b ibet. 5..'JL^.r-----t-- 5*1'(oo.erer) (*l"ri c) a APPLICATIONFOR COITDOMINII'IWTOWNHOUSE PLAT REVIEW (Chapter 17 22 Y ail Municipal Code) (please print or type) A. APPLICANT JWT 1987 VAIL LIMITED PARTNERSHIP. a Colorado limitd parhership MAILING ADDRESS C/O Vail Athletic Club. 352 East Meadow Drive. Vail. CO 8t6s7 PHONE 9704760700 (or Ernest H. Gelman. Eso. 212-829-9292) B. APPLICAIIT'S REPRESENTATM Ann C. Kirwin. Eso. ADDRESS lreland. Stapleton Pryor & Pascoe. P.C.. 1675 Broadway. Suite 2600. Denver. Colorado 80202 PHONE: 303-623-2700 C. PROPERTY OWNER: JWT 1987 VAIL LIMITED PARTNERSHIP. a Colorado limited oarhershio. John M. Angelo and Judith H. Angglo and Nylsa M. Vazouez OWNERS' SIGNATURE SEE CONDOMINIIJM MAP MAILING ADDRESS: 352 East Meadow Drive. Vail. CO 81657 D. LOCATIONOFPROPOSAL: STREET ADDRESS: 352 East MeadowDrive. Vail. CO 81657 SUBDMSION A oart of Tract B. Vail Villase. Ftust Filing. Town of Vail. Eagle County. Colorado. known as the Vail Club Condominiums accordine to the recorded olat thereofrecorded August 24. 1984 in Book 393 at Page 326 as Reception No. 289622. County of Eaele. State of Colorado. #W*il t4z/rf nA w{cKt\RE-Doqlrr%ot!-Doc 8325.02m #219306 vl . o '/-'. {^ *' /'.#\e+-fu .e "-U(_ Z_/,y'4 a*L-;*//-+_b "_ + o^( :a &tdAEu---/a -ta D lr *YIrs'|otw'tk ', eFi i-/ ,l1q hf.A .*zzt *J'/l -fi -'til- l/*- ,z{r-.i"X mt'w! . -rl t nnrJ nctraltr; {. fl4 .) rl) lu VAC ) 4ltsllz ,ie5't'r+ f-f(*w"t h--.y,nu TrU--r?t^.L,.,st 9''ffi4 n Trrsr- rA /R- ^t "-r^lt.. #zzz- f;ne (t*ttr SIDEWALK lBc X \\o\\ SNOWMELT RE: MECH It'.. \ t \ 'r,. *- 1N t,..,\ t <TX ?F \rS1 tr\ w\ 10 IBc -\|n, \ [t----r )cjt I ?6.+5 + lerd*- / tr'z - Deck E17E.4 drnac> (o \ I \ \c' \\\\\\t \-- v,/ 17. Thc Contt Wotcr on 18. Compocti, 19. Grodo oll mlnlmum 20, Thc Cont n6c€9gor 21, Ihc Cont of l.ost oll work 22. Thc Conl ot laost condltlol cotnPlcti to oll fll ^23. lf groun< 24, Obscrwt guorontt 25. Thc scwt mlnlmun 26, Thc Con 27. Thc Con Hcolth t 28, Anglcs t dlmsnel 29. Compoc' 30. Controci 3.|. Thc wot, wlth Eog 32. Gontrocl ovruq- 12-2-2 a conditional use in zone districts where lt is allowed, A seasonal plant products busi- ness shall be entitled to not more than two (2) permits per lot lor any one year, and each permit shall not exceed sixty (60) consecutive days each. Whenever a sea- sonal plant products business is not in operation, all structures, fixtures, materials for sale and equipment relating to the busi- ness shall be removed from the site or location ol operation within a period not to exceed seventy two (72) hours. SEASONAL USE OR STRUCTURE: A tem- porary covering erected over a recreation amenity, such as a swimming pool or ten court, tor the purpose of expanding th use into the cold weather months. Such seasonal covers may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the pur- poses of this Title, a seasonal use or struc- ture shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure shall require a conditional use permit in accord with Chapter 16 of this Title. SETBACK: The distance Jrom a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK ABEA: The area within a lot or site between a lot or site line and the corre- sponding setback line within the lot or site. to and measured line. SETBACK LINE, extending the full to and measured line. SETBACK LINE, 12-2-2 lrom the front lot or site REAR; The setback line width of the site parallel from the rear lot or site SETBACK lot or site location of the site. SETBACK extending LINE: A line or location within a which establishes the permitted uses, structures, or buildings on LINE, FRONT: The setback line the full width of the site parallel SIDE: The setback line extending from the front setback I the rear setback line building area on -o the t ofa site, expressed as a percentage. For the purpose of calculating site coverage, "build' ing area" shall mean the total horizontal area of any building, carport, portecochere, arcade, and covered or roofed walkway as measured lrom the exterior face of perime- ter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this defi- nition, a balcony or deck prolecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a rool overhang, eaves, or cov' ered stair, covered deck, covered porch, covered terrace or covered patio that ex- tends more than lour feet (4') from the exterior tace of the perimeter building walts or supporting columns. SLOPE: The gradienl or conliguration of the undisturbed land surface prior to site im- provement of a lot, site, or parcel-*hich shall be established by measuring the maxi- SHOBT-TERM RENTAL: Shall be deemed to be a rental for a period of time not ex- ceeding thirty one (31) days. GE: The retfoVl the Town of Vail 13-7-7 verted to a condominium or has re- ceived approval lor a conversion prior to the €ffective date hereof shall com- ply with the requirements of this Sec- tion. The requirements contained in this Section shall not apply to struc- tures or building which contain two (2) units or less. Use By Owner/Renter: The require- ments and restrictions herein con- tained shall be included in the condo- minium declaration for the project, and filed of record with the Eagle County Clerk and Recorder. The condominium units created shall remain in the short term rental market to be used as tem- porary accommodations available to the general public. 1 . An owner's personal use of his or her unit shall be restricted to twenty eight (28) days during the seasonal periods ol December 24 through Janu- ary 1 and February 1 through March 20, This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy ol a unit or nonpay- ing guest ol the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occu- pancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this Section. violation of the owner's use re- by a unit owner shall subject owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rale lor the unit at the time of the violation. which 13-7-7 assessment when paid shall be com- mon elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall consti- tute a lien for the benefit ol the condo- minium association on that owner's unit, which lien shall be evidenced by writlen notice placed of record in the office of the Clerk and Recorder of Eagle County, Colorado, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mort- gage or deed ol trust on real property. The condominium association's failure to enforce lhe owner's personal use restriction shall give the Town the right to enlorce the restriction by the assessment and the lien provided for hereunder. ll the Town enforces the restriction, the Town shall receive the lunds collected as a result of such enforcement. In the event litigation results lrom the enlorcement oi the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together rlrrith reasonable attorney fee incurred. 3. Thq Town shall have the right to k/e from the condominium associ- an annual report of owner's personal use during the high seasons tor all converted condominium unils. 4. The converted lodge units shall not be used as permanent residences. For the purposes of this Section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six (6) consecutive months notwithstanding from time to time during such six (6) month period the person may brielly dwell in other plac- es. B. Town of Vail 61ftbnss4 6r:se BRTJCE D C}|APMAN,PC *, PAGE s2 .J/e5*pr'/ /;#ff,5,'h"J:\UfFOOCI BSOOPSV tLCLUB\TOvrestr.doc The cunent pragraph 5.A. of tre is ed&d: e.oqr.nmod-ation unita {.Amornmodation Units") shdlbc rugeet to fi€follon,ing restic{ions. 976-476-6474 54, is deleted and tha follorving units identifled as Y(" recordod in the offico of th€ clerk and RecordsrrEafle couilty, colorado. @za {x(.Ll r.',}f't- -fr'- -Tacs^t of ,Jo--t bqt+ Lun L-ow, Lau-,(tt"l ur!^:ft -fou,,t of ,t)t b++Vb' 5A2 Ttu urc of th€ Accommoda{ion Uii L/;/4- -fL -focs,t of ,/o^l WW A;,W-5A2 Ttu urc of th€ Accommoda{ion Uiits shafi be rer *ffi - "{d'(t/l 5 A. t Tfu 7^'"w' o1 ^'.t':'a* "*dtA* ikti 7..*2gA sa e.^*t ,k .^*Jt/ -l# ,dt f*" 'ff*"| 1.Ar ToV, theDecfaration , *r,t* ''z-tDV nf 5Al Th€ rEqictions of this paragraph are required by th{provisions ofthe Torn of Vail OrdinEncgg creating and arnending Development Pi:ffiq No. !0 (hereinfrer ratuned to ai'SDD Ordinanie,;the Project ie located. The resbic-tion$ containq in this pa Shall cease to exist ifand when the SDD Ordinaner the SDD Ordinance. ntre {d a written amendment to the Dedarstion executed only by owners of the Accommodation Units and be restricted io that ofshrt'tsnn rcntd units. Sh0rt-lsrm rental units shall be defined as units available for redd for periods nangrng from as short as nighfly to as tong as monthty. 5A'3 Although the Accommodation units are subdivided as individuaf condominium.units, they miy not be eold or conveyed as individual units but mayonly bc cold or conrreyed es a group compriseO of all the ]3m.x*!finqAcoommodetion Units. -. - - 5A.4 Tha pro/sionr of thls paragraph.sA may be enforced by the Tomr . n of vaif , rrrceara6r6 inluw *rrr rLi jlt ffiiir; breacrr or rhe restricri;;Uftiljfi-t pr{"4 -n.this p*agraph 5A arrd money darnages wiil b€ inadeguate to fuily remedy sucrr | ' v t5 '-'- i,uinjury. Accordingly, in the event of a breacir or threatened breach of on" oi more I -?^,2 \ Prwirions of this paragrEph 5A, the Torn of Vait shalt be entitled to an iniunction I ffiffft0. J'realraining auch bre*h or threatened breach or compelling the performance | \[rr- /obfigntions $'tlich, if not perfsmed, conslitute or would constitute such a breach. I I In the ewnt a lawsuit is filed regarding the enforcement of the provisions of this I 5qtrt, !:ffit-!1^r!-pt*ilirq party shall bE entirted re@ver from other parry or I t,3parues tt8 rcasonable attomeyfees and costs as wellas court costs. J # forlg"- kn\#-n * a,t#wlit" 6L/A711994 a1:59 Bruca D-Chapom 97A-476-4674 Mbl,toltcr BRLrcE D CMPMANIPC BRUCD D. CHAPMAN col'lrErrftg i ^1.rr9tlaY8 A? raT. P.c. 143 Eagt Meadoy Driw, Suite 498 Vail, Coloredo E1657 (97O, 476.W7 5 Faceimilc (97ol 4t6-CFlTA E-mail: bdqElrlail- net PAGE A1 Of oo,urFcl Dattld F. Rock Fdmitrcd b colorsdg artd Oaorlh M, Barry Lcilz (I'cdcrol Ter Mencf. Arhdttcd is Oco,rdal 479.24J2 FACSIMILE IRANSMITTAL SHEET PI,EASE DELIVER IMMEDIATELY TO T}tE FOLLOWING: o2n4t98 Fcns BruccChrpn PlgE: 2 VqdChtbCildodire trl'ltd XFqLlh trPttccnrnrt O orighCbbfow O Ploa*tuFty filr: Thc frllowing ie drrft language regarding restrifiions to be incruded in vail chb codominiums Dcclaration reglrdingthe Accommodation units per the SDD odininca. Pleasc rcvicw and grve me your thouglrts. Thanks. E,nE3Sfl- € rgtttco (}r-v Fq E usE oF Tr.lE nD|\aotAL N fr@ ,rSovE I,'lO ttrGhAlt i aEEx 3+ir' vn FAcailiLE. tF llG FEXSOT{ rcrulr_v necegnrc ins recsulg 916t x xo n€cPrE r, oR ltc FlpL(}itE of, AGrEtft FEspd{aBLE 10 DELTVF tT To rH€ NiqEO I OX CltF l O r rl{A OoUtttltC.tq{ t3 gTRtCILy pRC}rffED. lf you HAVE RECETVEO IHtgv NoTIFY uA ty Ttt'lFt*'t€ AtO REn RN TXE oRGtN ! taEss cE To us AT rHeIgo[G rf rucLruxc t'flf,tt lacE$' FLfAgE cArr , TOWN'OFVAII . Input/inqui{yResponseRecord ffg"ILTi.}Hf:11 1'*1Y'eceive{ bv the.royn oryail-we enco'ra'e vair*ffiii,"ffi'm*rffigmffi-ffitrnt D EPARI] CNT TO FIAI\JDLE IttIeURy mlnno ua.L TO Frtu\D rE bIQUIRY DAE TO V ittCEr4D nmjTZWeURy F:iONE CALL Cnciicate date) L-iER(atacred) it5-<PO r\EE CAID (attaied) LFITA, (attacb ccpy) PIiOr\E CAII (hdicare date) A^ ^ J.Wl4Lgrr .' Ku*tL'twt4-f 'tt.b.qt /'-) /t -@Wu"t ruQn*a, ft" 6qb *'qu.at1r,t{.I tlrau_ffi: R**J </'f,r ' fL-r-fue/:* DAi=oFR,Es?oN-<EFOR\IIiETr"NEEyDEAarl,G\Troptu\{IiR,{.i\D,ree ;i f-::::i:ilill1':,;f;l:::[Hj] *., "r. io'rc*na.nly.rebrioaio6c!. A,Jcr,,uti,66rLG.!r:tcdb?g fifirveo rnn 2 rg$ March 31, 1998 Bob Mclaurin, Town Manager 75 S. Frontage Road Vail, CO 81657 Dear Mr. Mclaurin; You have probably never heard of me, but I am like the frog who has been boiled in water and just never felt the temperature increase until it was too late. It started in 1992 or 1993 when I received a notice that the Vail Athletic Club had applied for an SDD. I followed that application through its process and had Jim Morter review the ptans as to the impact it would have on my view of the Gore Range from unit 676 in the lllountain llaus. I hacl purchased that unit and the price that I paid for the unit and subsequent renovations rvere partially based on this fabulous view of the Gore Range. I wrote a letter to Shelly Mello to object to any changes rvhich would impact my view. A review of the plans that were submitted by Jim Morter and myself resulted in a conclusion that my view would be partially impacted, but not to the extent that I felt compelled to take action to try to prevent the change to the roof line as submitted in the plans. This was followed to its conclusion (at least I thought it was concluded), by Jim Morter when the original plans were approved in 1993. I received no additional notices ofpublic hearings about this project and the rumors I heard was that the expansion was not economically feasible and the Vail Athletic CIub was probably not going to go through with its plan. In September of 1997 I noticed an advertisement for a penthouse unit in the VaiI Athletic Club and followed up to see if they were finally going to proceed. However when I looked at the model in John Perkins' office. I noticed the roof line was different from what Jim Morter and I had, until that time, thought was approved for the Vail Athletic Club. Further investigation revealed that the Vail Athletic Club had applied for additional changes which significantly impact my view of the Gore Range. I was furious. The Mountain Haus did not have the public notices in their files and Sandy Gray, the manager at that time, does not remember receiving any such notices. However Mike Moltica's office records indicate that the notices were sent to the Mountain Haus. Now it appears that the Vail Athletic Club has applied for an additional Major Ammendment to their SDD, which will further impact my vierv. Jack Lambert, the current General Manager of the Mountain Haus, tells me that the Mountain Haus once again did not receive the public notice of such a request. The latest rumor I have heard is that the Vail Athtetic Club has withdrawn its plans once again. I have no idea if this is for real or if they will just let this rumor keep the peace until they can ask for further ammendments, or what other actions they may take. 1- -i In any case, I once again (as I did August 20, 1993) object to any actions which allow additional height to the Vail Athletic Club from any angle,(above what was approved for the SDD in 1993) and ask that my objections be considered by the Town Council, the Planning and Environmental Commission, Design Review Board, and any other Department, Board, employee of the town of Vail, or permitting agency, or any other party which may allow such action to reach fruition, In considering my objections, please note that past objections would have been made on a more timely basis had I received copies of the public notice on a timely basis. Please try to put yourself in my shoes and imagine if you had this view, would it be equitable for a developer to get special concessions to obliterate it. Furthermore, I believe the Town of Vail should have a procedure such as sending notices certilied mail requiring a signed receipt. And in the case where a citizen has objected, or shown interest in the proceedings ofvarious applications, they should be put on the mailing list for any public notices. Thank you for your consideration in this matter. Very truly yours, @*dJ e Qa"*,-- Ronald C. Robertson Mountain Haus #676 Encl: Letter to Shelley Mello dated August 20,1993 AtStE? 20. 1t?t oE'ti?r|ENT Ot CoilrtJtr.tty o€vEL'tprtfrff ?otal{ ot t AtL 7t gotJ?H tR&{?mE noAD vrtl.. cot 0la00 0ta17 .TTI{: II€LLY TILLO gt^i itE. iltl|.ol lr tf ny uiDmf?Arolffi lr{a? tHE vAtL tTHt t?Ic ct rfi t3 put${tNc €n HQC3 ?O tTs rut|.olx. tfilcl{ ttdJLD lltcLtJof, rAttlilC r}|: rIUil Ot{ rHC HtrT trgt. I H*Yt tSegilrLY ftJtcHAclD uilt? ata lH ?lc )srt{?AlH lralJ$, Lr*ilLY glE T0 ?Ht TrrrffTlc vlltfl 0f rif3 sru iAtlcE, GoLDff{ P:I(, rilo t}rt t€rfititt{l mo eRCcr{ .fttAa tH rlTl.::r{. T!: p80P0rcD $tat{clf lsuto t|ftlcl rt vtcB fRdi tHtl $.1f. #i IELL Aa atrfi ?1{ uHr? i Fttltile 0F r lJtLDt{o !fll{€ nFH c|.o5ln il{ril l|il? :xttTl A? Fllaf}ll. tT 15 tlY $otl3Tff{Dtt{G ?l{A? trc vAtL afltLgllc cLt.'3 culntiff HEtOfr $GgtD0 FtEtiltrilo lGle{T r't lt{tlt 30He brlrRlc? ats t}nt Tir€Y til t3f(tNc 70 alefo$l Tlll t€tr! Dl3?FtC? .l{D trBofC . aPICttL DEtELOtrilNt Dlg?RtcT t3 TLLOIJ tvCtf t{otlt ftlcltf , ltxlilc I Nor{- coil{'ortrtt€ ElTt*?toll Ev:N giltE. I tgJLo StiotnlLY oltEcl ?o ttlY ac?Ici. Tttdrl !Y ?il PLAt|rltt|a co]tfti33t0il trltcH la'Olr.o ALL0I ffig coiltFTnuc?t$t ll5 rxru-D Ltr: llll't oltEgTlsl l3 cel{|tolilD rT Allv PLN{ltrc cotlttjilo* rGE?tl{c 0t flfv ot}cR xEETIt{q lN ${ls}f rllls tcftoil HrY lE UTPER C0f.|l0tl^?lor'1. YFt t$( YOU for Yout c$rtDela?la|{ til rHlS ietrln. VltY ?IIJLY Y*'R3. @*21g Q,"0r"f* ROa{rLo C, n*i?soil itouitTtlll Haut aat6 Mr. & Mrs. R.G, Roberlson 1674 Ohawai Place Honolulu, Hl 96821 ru {3"+'t/utq^,;,T*^'n'**a-' 1 5 5. 7 "-*'Y @""4 ?/t;i, c6 6t657 .Jr' \! 1it TUryN OFVAIL Ofice of the Tbwn Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2 1 05/Fat 970- 4 79 - 2 I 5 7 April20, 1998 Ronald C. Robertson 1674 OhawaiPlace Honolulu, HI 96821 RE:The Vail Athletic Club Dear Mr. Robertson: Thank you for your letter dated March 31, 1998, regarding the proposed redevelopment for the vail Athletic club. You are correcr that in 1993, the Town of Vail approved a Special Development District (SDD) for the Vail Athletic Club, which in essence authorized the redevelopment of the property. Since that date, the owner of the Vail Athletic Club has submitted applications for the Town's review for modifications to that 1993 approval. On January 16, 1996, the Town approved a major Special Development District amendment for the Vail Athletic Club. Subsequently, on March}4, 1997,, aminor amendment to Special Development District #30 (Vail Athletic Club) was approved by the Town's Planning and Environmental Commission. And finally, on April 7,1998, the Vail Town Council approved a major amendment to Special Development District #30 (Vail Athletic Club). There is no question that modifications have been proposed to the original redevelopment plans for the Vail Athletic Club in the past five years, however, the basic roof form and roof dormer configuration has essentially remained unchanged from the 1993 approval. In essence, the overall mass and bulk of the redweloped structure would remain similar to the 1993 approval. Many of the modifications which were proposed and subsequently approved by the Town, involved interior changes to the floor plan configuration. After reviewing the Town's records, with regard to the VAC redevelopment applications. it is clear that the Mountain Haus Condominium Association has been notified of every redevelopment application that has been filed with the Town. The adjacent property notifications have been sent to the Mountain Haus Condominium Association, c/o of Sandy Gray. These mailings were sent in 1995 and 1996. Finally, in 1998 the notice was sent to the Mountain Haus Condominium Association, cio of Jack Lambert. Mike Mollica, of our Community Development Department, informed me that he has personally had contact with Bob Burns and Jack Lambert of the Mountain Haus, as well as with you regarding the 1998 major Special Development District amendment proposal. {7 *'"'""'o 'n'"* Please be aware that the Town of Vail ordinances provide requirements for notification of adjacent property owners, as well as public notice in particular circumstances. The Town of Vail staffis vigilant in assuring that adjacent property owners and the public receive the notice required by law. We cannot, however, commit to providing notice that is not legally required. We will continue to provide notice to the Mountain Haus Condominium Association for any proposed amendments to the Vail Athletic Club, however, we cannot commit to providing notice to individual owners within the Mountain Haus. I hope you understand our perspective on this issue. If you would like to discuss this issue further, please do not hesitate to contact me at (970) 479- 2105, or Mike Mollica at (970) 479-2144. Sincerely,furt/* Bob Mclaurin Town Manager xc; MkeMollica ,, F:\EVERYONEWIKE\LETTERS\ROBERTSO.4 I 7 vAc2.x-s VAIL ATHLETIC CLUB.- MAJOR SDD AMENDMENT Land Use 1995 Apprcv€d Totals 1997 Approved Tot ls 1998 Pfopos.d Equarc Feet 1998 Proposed Totals Lower Upper Heallh Health Flrst s.cond Thlrd Fourth Flfih Club Club Floor Floor Floor Floor Floor AU GRFA 24,8W 25,063 0 0 3.732 9.71 1 7.029 3.ro4 A32 25,008 DU GRFA 8,312 8,125 o 0 0 2.965 4.665 4&8,07C EHU GRFA 1 ,295 1,m7 0 0 699 0 489 0 0 1 .18€ Common Area 15,054 15,563 1 ,829 2,642 5,11 I 2,79'1 2,100 1 ,234 230 15,945 Conference 1 ,545 1 ,500 0 0 '1 ,330 0 0 n 1 ,33C Restaurantl 3,268 3,403 0 0 5,ibz 0 o 0 0 3.562 Club 21 ,609 21 ,609 11.039 10.460 0 0 0 0 0 21,4W Gatage 4,7&4,568 0 4,296 0 0 o 0 0 4,2*, GnNTotal:80,761 81 .028 12.868 1 7.398 14.U2 12.fi2 12.583 9.60it 1 .sO2 80.89€ Notes: - 1998 Proposed squar€ loolag€ figuras were calculaled tiom a new and complete sel of Vail Alhletic Club phns al a scale of one€ighlh incfr squals on€ foot. -Aprec|secompadsonwith1995and1997figuresisno1|ea3ib|edu€|odif'erencesinpreviou8p|an6'arohil9ot]ra|sca| - The 1998 proposal includes a nel total of 62 square feet of additional noor area lhat is localed on the Fourth and Fifth Floors. I VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRTL 7,1998 7:OO P.M. IN TOV COUNGIL CHAMBERS AGENDA NorE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council wilt consider an item. 1. 2. CITIZEN PARTICIPATION. (5 mins.) CONSENTAGENDA: A. Approve the Minutes from the meetings of March 3 and 17, 199g. (5 mins.) Ordinance No. 3, Series of 1998, second reading of an ordinance amending Special Development District #30 (VailAthletic Club) and Ordinance No. 2, Series of 1996, to allow for a change in the number of dwelling units/accommodation units, modifications in common area square footage and GRFA, a modification to the EHU timing requirements, and amending the development plan in accordance with Title 12, Chapter 9, of the Vait Municipat Code. The Vait Athtetic Ctub is located at 352 E. Meadow Drive, Parcels A & B, VailVillage First Filing. This hearing shall constitute the second reading of Ordinance No. 3 Series of 1998, amending SDD#30 and Ordinance #2, Series of 1g96. (30 mins.) ACTION REOUESTED OF COUNCTL: Approve, approve with conditions, or deny Ordinance No. 3, Series of 1998 on second reading. BACKGROUND RATIONALE: The pEC has recommended approval(by a vote of 6-0) of the applicants request. please see the staff memorandum in the council packet and the Vail Athletic club floor area analysis. STAFF RECOMMENDATTON: Approvat. please see the staff memorandum to the PEC dated 2/10/98. Ordinance No. 5, Series of 19g8, first reading of an ordinance amending Title 11, Sign Regulations, of the Municipal Code, allowing for tempora{ traffic control , directional and on-site window signs, and i special review process for temporary signs, due to the numerous construction projects in VailMllage during the 1998 summer construction season. (1Ci mins.) ACTION REOUESTED OF COUNCTL: Approve, approve with conditions, or deny Ordinance No. 5, Series of 199g, on first reading. BACKGROUND MTTONALE: On Tuesday, March 31, the Town of Vailhoslcrl s \/ail \/illana contractcis L4eeting. Th: pu;pcSC cf the m""ii.'g was to have a discussion with the Town of Vail, the contractors. the merchants and the Vail Village property owners regarding construction in V_ail Village during the 1998 summer construction season. During the discussion, it was suggested that the Town of Vail adopt an ordinlnce all_owing for temporary traffic control, directional and on-site signs in Vail Village. The goal of the proposed ordinance would be to helphinimize the negative effects of construction on Vail Village this summer season. It was suggested that the ordinance be similar to the temporary sign ordinance the Council passed last May to minimize the effects-of the West Vail Roundabout construction on the West Vail merchants. 3. Dominic Mauriello 4. George Ruther I 5. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 5, Series of 1998, on first reading. Proclamation No. 2, Series of 1998, a Proclamation of Teacher Appreciation Week. (5 mins.) Proclamation No. 3, Series of 1998, a Proclamation for Days of Remembrance for 1998. (5 mins.) Proclamation No. 4, Series of 1998, a Proclamation declaring the week of April5-10 as Intemational Building Safety week in the Town of Vail. (5 mins.) ACTION REOUESTED OF COUNCTL:ADOPT|ON of International Building Safety Week proclamation. BACKGROUND RATIONALE: The week of Aprit S-10 is lnternationat Building Safety Week, as sponsored by the Building Officiats & Code Administrators Intemational, the Council of American Building Officials, the Intemational Code Council, the Intemational Conference of Building Officials, the National Conference of States on Building Codes & Standards, the Ontario Building Officials Association, the Southern Building Code Congress International and the World Organization of Building Officials. To celebrate both lnternational Building Safety Week and the spring Construction Kickoff, the Building Safety & Inspection Services Division will be hosting a number of events during the week, including an open house, discussion sessions with the staff, etc. STAFF RECOMMENDATION: Staff recommends that the Town Council ADOPT the proposed proclamation declaring the week of April 5-10 as Intemational Building Safety Week. Proclamation No. 5, Series of 1998, a Proclamation Honoring American Athletes who Medaled in the 1998 Winter Olympics in Nagano, Japan. (5 mins.) Discussion of Eagle County Recreation Authority/School District Intergovernmental Agreement for Berry Creek Sth. (30 mins.) 40IIOIilREOUESTED OF COUNCIL: To review the proposed Concept Plan and provide direction to the Town of Vail representative to the Eagle County Recreation Authority. On January 27,1999, Rick pylman, peter Jamar Associates, Inc., who has been responsible for the planning on the Berry Creek sth parcel made a presentation to Town Council AescriOing the Concept Plan for the Berry Creek Sth Filing and Miller Ranch. BACKGROUND MTIONALE: Afier a series of public meetings conducted by the school District and attended by the Board of the Eagle County Recreation Authority, discussions have continued between thJ Authority and the District to engage in a joint planning process for the twoproperties. This joint planning process is an approach that has been consistently recommended by the community Development Department of Eagle County. lhe L;oncept Plan provides for designated uses of a high school site being located on the western most edge of the Berry Cieek Sth parcel. There will be portions of the Miller Ranch which will be conveyed to the Recreation Authority for recreational, housing, and open spaie uses. The other members of the Eagle County Recreation Authority have unanimously agreed to proceed with the joint planning procels. STAFF RECOMMENDATTON : Approve the Concept ptan. 6. 7. Gary Goodell o Tom Moorhead 8. r/&+v t Qt-olt'*w 8t63? ffi @NFh4ll.^4urn 9b5 @tZ cvw- pavz lFl'ut (prDAkEo, 8rLs2 A8;5gb61/rr 0047 E. Beover Creek Blvd. P.O. Box 2007 Avon, Colorodo 81620 Avon, LOIOTOdO dlozv '\.' rL,.l r F l\''r(:|L/r ;-cavweu Pw'upsr t*w b#r l'41t, /ha3 ' PO. Box 2007 Avon, Colorodo 81620 tnnlr./crptt{ HRirs tcqp7nrittutn ran Affll: \JncZ'*nffi E?a A, tteoruu, paup Jer'r hefuw8/em i o o THIS ITEM MAY AFFECT YOUR PROPERW 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 18.66.060 of the Municipal Code of ihe TownofVail onFebruary9, 1998,at2:00P.M.intheTownofVail Municipal Building. In consideration of: A request for a conditional use permit, to allow for four (4) additional offices and one (1) meeting room lo accommodate sports staff, located ai the Vail Tennis Center, 700 South Frontage Road EasVFord Park. Applicant: Michael Ortiz, Vail Recrealion DistrictPlanner: George Ruther A request for a major amendment to Special Development District #30 (VAC), to allow for a change in the number of dwelling units/accommodation units and a modification in GRFA, located at the VailAthletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limited Partnership, represenled by John PerkinsPlenncn Mike Mollica A worksession to discuss the underlying concepts and altematives relating to height and mass of buildings (the rationale), includingi'use of models and oiher graphics (illustrations), for the Lionshead Redevelopment Masler plan. Staff: Susan Connelly The applications and information about the proposals are available for public inspeclion during regular office hours in the project planneis office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2114 voice or 479-2356 TDD for information. Community Development Deparlmenl Published January 23, 1998 in ihe Vail Trail. B. Major Amendments: l. Requests for major amendments to an approved special develg strict shall be reviewed in accordance with the procedures described in Secti is Article. 2. Ownem of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by thc Department of Community Development). Notification procedures shall be as outlined in subsection l2-3-6C of this Title. (Ord. 21(1988) $ 1) 12-3-6: HEARINGS: A. Conduct: When required by statute or by this Title, hearings before the Planning and Environmental Commission and the Town Council shall be conducted in accordance with the provisions of this Chapter. B. Setting Date: Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the Planning and Environmental Commission or the Town Council or both, pursuant to this Title, a date for the hearing shall be set which shall be not more than thirty (30) days from the date of filing of the application or receipt of the document. C. Notice: 1 . Not less than fifteen (15) days prior to the date set for the hearing before the Planning and Environmental Commission, the Administrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the Town. 2. In addition to the published notice, the Administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject ofthe hearing and the owner or owners ofrecord ofthe property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereof), for any amcndment change or application relating to: a. Changes in zoning district boundaries; b. Conditional uses; c. Variances; d. Development plans for special development districts; and e. Changes in the density contol sections in any ofthe zone districts. 3. The within required notices shall state the time and place of the hearing, name of the applicant, a general description of the subject property indicating its location (which may be shown by map), a brief summary of the subject matter of the hearing, and a statement that the application or information relating to thc proposed change or amendment is available in the Administrator's office during regular business hours for review or inspection by the public. Printed by Mike Mollica 3 /24 /98 B:28am From: Reed Onatsello 3 Mi-ke Mo]-]-j-caSubj ect.: VAC No S]-am Dunk :=:NoTE:=: =:3/tA/9ae 10: O6am::CC: Dominic Maurj-e].]-o, Rrrssel-1 Forrests I reqret to inform !.or,r LLraL Counci]- got hurtg up on some i ssr.res wi t-}. regard to t}. e second readinq arrd tab1ed tsLre iLem- 1. Bob Armour had quesCions abouL t'heexpiraLion of sDD, questsioned wfret'freror not' t'he project. would erren be buj-l-t',and a.sked Tom Moorehead abou.t' redrrcinqCfre e)<isting SDD's expl-ratsion ].imiL of 3 - ].ears . 2. Bob also tLad questions about tshee]-iminatlon of ]-anguage Lhat wouldreqrrire Ctrat wa1kway in Lb.e al1et Co beheatsed and Cfte j-nc]-usion of 'rdeve]-oper improved' . sidewathj.mprovemeD.tss'r . I cried to exp]-aj-n t'h.ats tshe h.eat'ed wa]-k was assoc.i-at'edwitrh tshe previousllr proposed tsrastrIocahion, but he and Kevin Fo].e], got hunq up on it, as beinq associated witrfitstre emergenclz exic. A€ you mayremember the fire dept. did notrrl-tsimat,].elr require iE to be heat'ed. Asst,at.ed in tshe SDD tsexC Cfre descriptsionof walk ]-ocat,ion jusc hapeened tocorrespond t,o ttre prevously proposed tras}. ].ocati-on. so .in tl' e end Bob Armour moved tsotab].ed Lhe item. Stan Cope was not'tstrere becalrse he thou.qhts Lfre meeting'st,arLed aL 7:3O pm. If he were thereI I m sure this \^Iou1d not tra\re ttappened.stan is rrow on the war path ca]-]-inq' Tom,Bob, and Lhe Ma]'or. He said tshat thisde]-alz wi]-]. cost him $sOOK. T}.ats mal'have ultimatse]-]. fu1lfi11ed Ltsle rumorsChaL Bob Armorlr aatctl.ed orrto- To addinsr,.lat to injrrrlz, scan ltad submitstedbui]-dinq plans the same da].. In an efforts Eo aessen tsfre b1ow tso ttrevAc, perhapE !tou, Russell, and Garl,cou].d approve tLre pre]-iminary review bybui].dinq st'aff of the submitstedbui].dinq seL in anticipalion of tshesecond readirrg ' s appro\ta 1 on Apri l- 7 tsh.??? .Tr,rs ts a tstrorrqht . . Page: 1 5. Mike Mollica Reed Onate Ordinance No. 3, Series of 1998, second reading of an ordinance amending special Development District #30 (VailAthletic club), to allow for a change in the number of dwelling units/accommodation units, modifications in common area square footage and GRFA, and a modification to the EHU timing requirements. The vailAthletic club is located at 352 E. Meadow Drive, Parcels A & B, vail Village First Filing. This hearing shall constitute the second reading of Ordinance No. 3 Series of 1998, amending SDH30 and Ordinance #2, Ser:ies of 19g6. ACTION REOUESTED OF COUNCTL: Approve, approve with conctitions, or deny Ordinance No. 3, Series of 1998 on second reading. BAC,KGROUND RATIONALE: The pEC has recomriended approvat(by a vote of6-0) ofthe applicants request. please see the staff memoranclum in the council packet and the Vail Athletic club floor area analysis. STAFF RECOMMENDATION: See the staff memorandum to the pEC dated 2/10/98. ' '+ ' *l'--' No uolr' ' , ?o!\ 1TJ/-,L '& ftr ('L 6. Bob McLaurin '7 Town Manager Report. (10 mins.) Adjournment - 8:30 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL lIXES ARE APPROTUATE ANO SUBJECT TO CHANGSIt|iltl THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION wf LL BE oN TUESDAY ,3t24tgg, BEG|NNING AT 2:00 p.M. rN Tov couNctL CHAMBERS. THE FOLLOYVING VAIL TOWN COUNCIL REGULAR WORK SESSIONwlLL BE oN TUESDAY,1nF8, BEG|NN|NG AT2:00 p.M. tN Tov couNclL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR B/ENING MEETINGwlLL BE oN TUESDAY , 4n198, BEG|NNING AT 7:00 p.M. tN Tov couNctL GHAMBERS.il!|l Sign language interpretation available upon request with 24 hour notification. please cail 479-2332 voiceor 479-2356 TDD for information. C:IAGENDA.TC VAIL TOWN COUNCIL TUESDAY, MARCH 17,1998 7:00 P.M.lN TOV COUNCIL CHAMBERS AGENDA NoTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1.CITIZEN PARTICIPATION. (b mins.) Art In Public Places (AIPP) Appointments. (5 mins.) ACTION REOUESTED OF COUNCIL: Appoint three members, with three year terms, to the AIPP Board. BACKGROUND RATIONALE: The following have apptied for appointment to the AIPP Board. Lolita Higbie Kathy Langenwalter Trish Kiesewetter Alan Kosloff Design Review Board (DRB) Appointments, (5 mins.) ACTION REQUESTED OF COUNCTL: Appoint two members, with two year terms, to the DRB. BACKGROUND RATIONALE: The foilowing have apptied for appointment to the DRB: Michelle Blemel Clark Brittain Christooher Burner C. Barrie Tyler Hans Woldrich Planning and Environmental Commission (pEC) Appointments. (5 mins.) ACTION REOUESTED OF COUNCTL: Appoint four members, with two year terms, to the PEC. BACKGROUND RATIONALE: The foilowing have apptied for appointment to the PEC: Galen Aasland Webster Atwell ll Doug Cahill Jeff Cote Ginny Culp Brian Doyon C!:udi: Dulude Diane Golden Roland J. Kjesbo Bud O'Halloran Tom Weber 4. v c2.xls VAIL ATHLETIC CLUB.. MAJOR SDD AMENDMENT Lr|d Use 1995 Approv.d Toi.ls 199i7 Approvcd Tolalg 1ge8 Prcpo€.d SCUaE F.€l ts Prcpoled Tot lg Lorer Upper Heolth Healtt Fhsl S€cond Thlrd Fourttr FltthCtub Club Floor Floor Floor Floor Floor AU GBFA:24,898 25,063 0 0 3,732 9,711 7.On 3.704 8A 25,00€ DU GBFA:8,312 8,1 25 0 0 0 2,965 4,665 4Q 8,070 EHU GRFA 1,295 1,n7 0 0 699 0 489 0 0 1 ,188 Common Area:15,054 15,553 1 ,829 2,642 5, 1 1 I 2,791 2, 1 m 1 ,234 230 15,945 Cmference:1 .545 1,5m 0 0 1,$0 0 o 0 0 1,33C Rsstauranl 3,268 3,403 0 0 3,562 0 o 0 0 3,56i Club:21 ,609 21,609 11,039 10,460 0 0 0 0 0 21,49€ GaragB:4,780 4,s6€.o 4,296 0 0 0 0 0 4,2% Gre,lldTotel:80.761 81 .02€12,868 17,398 14,442 12.502 12.583 9.603 1.s{t2 80.898 Notes: - 1998 Propos€d squal€ foolage ligues were calculaled fom a new and complele sel ol Vail Athl€tic Club phns al a scale ol one€ighth inch eqlals one loot..Apreci3ecompai8onwi|h-1995and1997fgure3i9m||easibledu€|odiferencesinprevioUsp|ens.arcfitecUra|3ca|es'dititizingoperetor3,andb|uePn|B - The 1998 propoeal inoludes a nel lotal of 62 squarE fsel of additional noor area that is located on ths Fourlh and Fifth Floors. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Depariment DATE: February9, 1998 SUBJECT: A request for a Major Amendment to Special Development District #30, Vail AthleticClub, to allow for modifications to the parking garage, restaurant, accommodation and dwelling units, and oommon areas within the building, located at 352 East Meadow Drive/Parcels A & B, Vail Village 1st Filing. Applicant: JWT 19E7 Limited Partnership, represented by Stan Cope and John Perkins Planners: Mike Mollica/Reed Offate I. DESCRIPTION OF THE REOUEST The Vail Athletic Club (JWT 1987 Limited Partnership), represented by Stan Cope and John Perkins, has submilted a request for a Major Amendment to Special Development District (SDD) #30 (as amended by Ordinance #2, Series of 1996) to allow for modifications lo the parking garage, restaurant, common areas, and accommodation and dwelling units. The specific requested modifications to the Vail Athletic Club development plen includes the following: "Garage/Ski Storage: The addition of 240 square feet for ski locker storage on the Garage Level. As a result of interior use changes, a reduction in the parking requiremenl lrom 24 to 22 spaces would allow more area for trash staging and ski locker storage. *Restauranl: Increase of 96 sq. ft. of interior resiaurant space within a "pop-out" on the south elevalion of the First Floor. Overall, the changes to the restaurant includes an expanded kitchen area and a net decrease in public seating areas. *Common Area: Increase of 105 sq. fl. for a maid closet on the Second Floor in an area previously open to the floor below. 'AUs: Elimination of two eccommodation units on the Fourth Floor and lhe conversion of a dwelling unit to e "Presidential Suite" accommocletion unii. Due to guest rooms that are accessible via a stainnay to the "Presidentiel Suite" lhe net total of accommodation rooms (and beds) available would not change. *DUs: Elimination of one dwelling unii (as noted above) and expansion of one dwelling unit on lhe Fourth and Fifth Floors, including expanding exterior walls totaling 62 sq. ft. The eliminaied accommodation units, dwelling unil conversion, hallway conversion, and wall relocation would create the addilional square footege for the dwelling unit. Pfease find attached 81/2x11 redudions of the proposed floor plans. The proposed changes would have minor impacts to the exterior of the building. The proposed exterior changes include: 1) the addition of a "pop-ouf'for the restaurant on the south elevation, 2) a34 sq. ft. expansion of exterior double doors onto the balconies of the Fourih Flooi dwelling unit on the south elevation, and 3) the expansion of 28 square feet of Fifth Floor dwelling unit space on the norlh elevation. Overall, the parking requirements for this SDD do not change as a result of the amendments described above. An additional change to the Special Development District (SDD) #30 (Ordinance #2, Series of 1996) is proposed conceming the provision and timing of Employee Housing Units. Staff believes that the need for the employee housing units would come afler the Vail Athletic Club is operational. Thus, a change in the timing of the requirement of the EHU restrictions should come at the time of ihe issuance of a Temporary Certificate of Occupancy, raiher than 'Building Permit" issuance, as the ordinance cunently reads. The proposed changes to Section 4.B.10 of lhe Ordinance are shown in bolded text below. The developer shall provide four (4) Type lV Employee Housing Units on-site, which shall be restricted per 912-13 of the Town of Vail Municipal Code prior to the release of any Temporary Certificate of Occupancy for the project. Additionally, the developer shall provide one one-bedroom employee housing unit and one two-bedroom employee housing unit. These employee housing units shall be located off-site, shall be located within the Town of Vail municipal boundary and shall be restricted perg12-13 of the Town of Vail Municipal Code. The employee housing restriction agreement shall be signed and submitted to the staff for approval before a Temporary Certificate of Occupancy will be released. for the project. The units shall meet the minimum standards according to Chapter . 18.57 of the Town of Vail Municipal Code. II. AMENDMENT PROCEDURE The proposed amendments described in Section I are considered to be Ma.ior Amendments to the 1993 approved SDD and subsequenl amendments. As stated in the Zoning Code 912-9A-2, a mejor amendment is defined as follows: 'Any proposal to change uses; increase gross residential floor area; change the number of dwelling or eccommodation units; modify, enlarge or expand any approved Special Development District. . .' Since the applicant's proposed amendments to the SDD involve changes to gross residential floor area, as well as density (number of units), the proposal is required to follow the Major SDD Amendment procedure. The PEC shall provide a recommendation to the Town Council regarding the proposal. The Town Council shall approve the proposal via two readings of an ordinance. III. SPECJAL DEVELOPMENT D]STRICT GRITERIA As provided for in $12-94-8 of the Town's Municipal Code, ihere are nine SDD review criteria which are to be used to evaluate the merits of a proposed Major SDD Amendment. lt should be noted that the staff analysis of the project's compliance with the SDD rcview criteria has only focused on the proposed amendments to the SDD, and not on the balance of the 1993 or 1996 approvals. The review criteria, and the staffs analysis of the proposal's c6mpliance with the review criteria, are as follows: 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. Minimal architectural changes are proposed to the design of the building. The overall scale, and mass and bulk of the proposed structure will generally remain as it was approved in 1993 and subsequently amended. The primary roof forms (and building height) will also remain as approved in 1993. The following outlines the areas where there are proposed changes to the architectural design ofthe structure: . Reslaurant "pop out" (south elevation).. Fourth Floor balcony door expansion (south elevation).. Fifth Floor dwelling unit expansion (north elevation). Staff does not believe these changes will significantly affect the bulk and scele of the building. The restaurant'pop-out" will expand the building on the south elevation by 96 sq. ft., however, staff believes the site coverage is generally imperceivable as the restaurant area is localed over a building mass below. The exterior expansion on two of ihe Fourth Floor dwelling unit balconies totals 34 sq. ft. The exlerior expansion of one wall on the Fifth Floor of the same dwelling unit totals 28 sq. ft. Staff believes these expansions are minimal, architecturally, but they would add GRFA as discussed below. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The general uses within the redeveloped Vail Athletic Club (VAC) are not proposed to change. While one accommodalion unil would be eliminated, the overall number of accommodation unit beds (rooms) would not change due to an expanded "Presidential Suite." Staff is comfortable with lhis reconfiguration of accommodation and dwelling units. Given that the applicant is generally working within the confines of the 1993 approved building envelope, the staff views the proposed interior changes as minimal. Alternatively, staff cannot support exterior dwelling unit alterations on the Fourth and Fifth Floors that would add approximately 62 sq. ft. of GRFA (34 sq. fl. fortwo balcony door expansions plus 28 sq. ft added by expanding a north wall one foot). c. While the expansions would enhance the dwelling units value, the overall benefit to the public is not clearly apperent. The increase in GRFA density beyond the approved Fourlh and Fifth Floor building envelope is not an integral necessity associated with the function or use of the condominium dwelling unit. Expansions within existing interior spaces are found by siaff to be acceptable given the shift in density within the building envelope and incorporalion of common area square footage. Compliance with parking and loading requircments as outlined in Ghapter 1E.52. Staff believes that the proposed amendmenls to the SDD are in compliance with this criteria. The Town's zoning requirement is for a total of 22 paking spaces to be provided. on the site. This proposal would reduce ihe number of required parking spaces trom 24 to 22. Staff supports this reduction in on-site parking. The reduction of two spaces would af f ow for improved trash and recycling storage acoess and a 240 sq. fl. ski locker area. Previous design solutions proposed by the applicant included moving the trash storage to the alley access between the Vail Athletic Club and the Mountain House. Staff opposed this previous trash location due to potential land use conflicts with the neighboring residential uses. Conformity with applicable elements of the Vait Comprchensive Plan, Town policies and Urban Design Plans. VAIL LAND USE PLAN The goals contained in the Vail Land Use Plan are to be used as the Torvn's policy guidelines during the review process for new or amended developmenl proposals. The staff considered the following Land Use Plan Goals/Policies during the initial review of the 1993 SDD establishment for the Vail Athletic Club, and further, staff believes that these goals and policies continue to be applicable with regard to the cunent Major SDD Amendment proposal: !!. 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. a3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 4.2 Increased density in the core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urlran Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identiiy of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmerital quality.) D. With the exception of the exterior expansion to the Fourth/Fifth Floor dwelling unit, staff believes that the proposed Major SDD Amendment application meets the goals and policies of the Land Use Plan as described above. VAIL VILLAGE MASTER PLAN The staff believes that the 1993 approval for the redevelopment of the Vail Athletic Club canied out many of the goals and objectives contained in the Vail Mllage Master Plan. Addiiionally, the staff believes ihat the current Major SDD Amendment proposal also furthers the following Master Plan's goals and objectives: Goal #1 -Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Obiective 1.2 - Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Objective 2.3 - Increase the number of residential units available for short term overnight accommodalions. PolicL2.3.1 - The developmeni of shorl term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term ovemight rental. Obiective 2.5 - Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Goal #5 - Increase and improve the capacity, efficienry, and aesthetics of the transportation and circulation system throughout the Village. Policy 5.1.5 - Redevelopment prqects shall be strongly encouraged to provide underground or visually concealed parking. The siaff believes that the proposed Major SDD Amendment application meets lhe Vail Village Master Plan goals, objectives, and policies as described above. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Although this project is located adjacent io Gore Creek, no portion of the proposal encroaches into the fifty-foot stream selback, nor into the 100-year floodplain. There are no olher natural and/or geologic hazards that affect the properly. F. site plan, building design and location and open space provisions designed to produce a functional development rcsponsive and sensitive to natural Gatures, vegetation and overall aesthetic quality of the community. Although this criteria was discussed extensively during the 1993 review, staff believes that the proposed Major SDD Amendment will have no negative impacts on this criteria. G. A circulation system designed for both vehicles and pedestrians addressing on and offsite trafiic circulation. The staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. H. Functional and aesthetic landscaping and open space in order to optimize and' pneserve natural features, recrcation, views and func,tions. Again, the staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. l. Phasing plan or subdivision plan that wil! maintain a workable, func,tional and efficient rclationship throughout the development of the special development distrist. Phase I of the VAC redevelopmeni has been completed (Club Levels - lowest two floors). The balance of the redevelopmenl is considered phase ll. IV. STAFF RECOMMENDATION The Community Development Department staff believes that the applicant's proposed modifications are consistent with the criteria outlined in 912-94-8 of the Municipal Code with the exception of a 62 sq. fr. expansion of exlerior GRFA proposed for the Fourth and Fifth Floor dwelling unit. 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E us g * EtB I U 5 E F::r r 6fiI gE Etr\s\ ,ig"' . coilllitrq$ EUtrE Utsffi(gauccffnel TA I I I aEE gl iE.EE ooo \9 A o o o o "A 6 lat _tr .l ile6 i l'#,n#' u i.;rtiitY lifii*iii#i:iFtriEEil st sl €lr .atl Hili gt- _. l- \\r; .-_-t-_ i I ; i ---i-@ arrlIt !l rtIIi lliii!tliiilltririrr li.Ji.ll-:lFl o---. @-- @-//?z E I{t*tri, - l -n'1 t: APfE rffim,* UAt'lfal f ,tt lii r I,liiiriiir I.: ,'ti | 1!rl! il, t I' iilr iii i !l iil,$tiiiii'irii,rli FlLl l-l naLtHE E At=lLFl |;] t.lHEEil I I .llsB.lF ii. ,.arrab ffi,# rtt rfl v l! {;IE E I iilliili ' tiEt-IEJEEEtE tE Ftf, Eg | / L--u,..._u...---y'J I ^ ?--f -L'I//ttl\T,|AU di L. t\ ,l !l :l5lt il1 sl6ll eil €l $l st #lt sl; ,tillilt t'i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 9, 1998 SUBJECT: A request for a Major Amendment to Special Development District #30, Vail Athletic Club, to allow for modifications lo the parking garage, restaurant, accommodation and dwelling units, end common areas within the building, located at 352 East Meadow Drive/Parcels A & B, Vail Village 1st Filing. Applicant: JWT 1987 Limited Partnership, represented by Stan Cope and John Perkins Planners: Mike Mollica/Reed Ofiate I. DESCRIPTION OF THE REOUEST The Vail Athletic Club (JWT 1987 Limited Partnership), represented by Slan Cope and John Perkins, has submitted a request for a Major Amendment to Special Developmenl District (SDD) #30 (as amended by Ordinance #2, Series of 1996) to allow for modifications to the parking garage, restaurant, common areas, and accommodalion and dwelling units. The specific requested modifications to the Vail Athletic Club development plan includes the following: ,'a;4 fll 'lb f) "Garage/Ski Storage: The addition of 240 square feet for ski locker storgf e on the\_-/ the parking requirement from 24 to 22 spaces would allow more area for trash staging and ski locker storage. G) $9$aurant: Increase of 96 sq. ft. of interior restaurant space within a "pop-out" /,r,r ^ - - *\ on the soulh elevalion of the Fir,E{ Floor. Overall, the changes to e ff *J the restaurant includes an expanded kitchen area and a net decrease in public seating areas. I *Common Area: Increase of 105 sq. ft. for a maid closet on ihe Secend Floor in an area previously open to the floor below. Elimination of two accommodation units on the Fourth Floor and the conversion of a dwelling unit to a "Presidential Suite" accommodation unil. Due to guest rooms thal are accessible via a stainray lo the'Presidential Suite" the nel total of accommodalion rooms (and beds) available would not change. @ *AUs: A-) AII LK"ft - q ul x n3 f, ty ^rlr,*; of ou ,.* n--., br+ tt >f*/*Aq( / 'DUs: B-> Please find attached 8'lx1 1 Elimination of one dwelling unit (as noted above) and expansion of one dwelling unit on the Frmrth and Fifth Floors, including expanding exterior walls lotaling 62 sq. ft. The eliminated accommodation unils, dwelling unil conversion, hallway conversion, and wall relocalion would creale the additional square footage for the dwelling unit. reduclions of the proposed floor plans. The proposed changes would have minor impacis lo lhe exterior of the building. Thg pfopo:ed ?t exterior changes include: 1) the addition of a "pop-out" for the reslaurant on the south elel{qlion, Ing on llie south and 3) the unit ipace on the north elevation. 9verall, the parking requirements for this SDD do not change as a resull of the amendments described above. o -712-t-/ /-Fra An additional change to the Special oeu&dp"mEfii oistrict (SDD) #30 (ordinance #2, Series of 1996) is proposed conceming the provision and timinq of Employee Housing Ulits. Stafi $ E tlJa- believes that the need for the housino units would come after lhe Vail Athletic Club is ope a ou me of the issuance of a Tem qilding The proposed changes to Section 4.8.10 of are shown in bolded text below. The developer shall provide four (4) Type lV Employee Housing Unils on-site, which shall be restricted per $12-13 of the Town of Vail Municipal Code prior to the release of any Temporary Gertificate of Occupancy for the project. Additionally, the developer shall provide one one-bedroom employee housing unit and one lwo-bedroom employee housing unit. These employee housing units shall be located off-site, shall be located within the Town of Vail municipal boundary and shall be restricted per 912-13 of the Town of Vail Municipal Code. The employee housing restriction agreement shall be signed and submitted to the staff for approval before a Temporary Certificate of Occupancy will be released for the projecl. The units shall meet the minimum standards according io Chapter 18.57 of the Town of Vail Municipal Code. il. The proposed amendments described in Section I are considered to be Major Amendmenls to the 1993 approved SDD and subsequent amendments. As stated in the Zoning Code $12-94-2, a major amendment is defined as follows: "Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District. . ." A. Since the applicant's proposed amendments to the SDD involve changes to gross residential floor area, as well as density (number of units), the proposal is required lo follow the Major SDD Amendment procedure. The PEC shall provide a recommendation to the Town Council regarding the proposal. The Town Council shall approve the proposal via two readings of an ordinance. III. SPECIAL DEVELOPMENT DISTRICT CRITERIA As provided for in 912-94-8 of the Town's Municipal Code, there are nine SDD review criteria which are to be used to evaluale the merits of a proposed Major SDD Amendment. lt should be noted that the staff analysis of the project's compliance with the SDD review criteria has only focused on the proposed amendments to the SDD, and not on the balance ofthe 1993 or 1996 approvals. The review criteria, and the staff's analysis of the proposal's compliance with the review criteria, are as follows: nd sensitivity to the immediate environment,neighborhood building height,enFdifeEilfpro pe rties relative to a rc hitectu ra I desi g n, sca le, bul k, buffer zones, identity, character, visual integrity and orientation. Minimal archilectural changes are proposed to the design of the building. The overall scale, and mass and bulk of the proposed struclure will generally remain as it was approved in 1993 and subsequently amended. The primary roof forms (and building height) will also remain as approved in 1993. The followiltg outll eret: . Restaurant "pop out" (south elevation).. Fou(1r Elpqr balcony door expansion (south elevation).. @(northelevation). Staff does not believe these changres-willsiqnificantlv affect thq bulk and gcal-q of lhe building. The restaurant "pop-out" will expand the building on the south elevation by 96 sq. ft., however, staff believes the site coverage is generally imperceivable as the restaurant area is located over a building mass below. The exterior expansion on two of the Fourth Floor dwelling unit balconies totals 34 sq. ft. The exlerior expansion of one wall on the Fifth Floor of the same dwelling unit totals 28 sq. ft. Staff believes lhese expansions are minimal, architecturally, but they would add GRFA as discussed below. B. t@""tiuity and density which provide a compatible, efficient and workable\ffiionstrip wlth surrounding uses and activity. $v The general uses redeveloped Vail Athleiic Club (VAC) are not proposed to change.modation unit would be accommodation unit beds (rooms an expanded "Presidential units. c. overall benefit increase in GRFA density is nol an on or use conoomtntum ions spaces are e given the shift in density within the building envelope and incorporation of common area square footage. Compliance with parking and loading requirements as outlined in Ghapter 18.52. Staff believes that the proposed amendments to the SDD are in compliance with this criteria. The Town's zoning requirement is for a total of 22 parking spaces to be provided on the site. This proposal would reduce lhe number of required parking spaces from 24 to 22. Staff supports this reduction in on-site parking. The reduction of two spaces would allow for improved trash and recycling storage access and a 240 sq. ft. ski locker area. Previous design solutions proposed by the applicant included moving the trash siorage to the alley access between the Vail Athletic Club and the Mountain House. Staff opposed this previous trash location due to potenlial land use conflicls with the neighboring residential uses. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. VAIL LAND USE PLAN The goals contained in the Vail Land Use Plan are to be used as the Town's poliry guidelines during ihe review process for new or amended development proposals. The staff considered the following Land Use Plan Goals/Policies during the initial review of the 1993 SDD establishment for the Vail Athletic Club, and further, staff believes thai these goals and policies continue to be applicable with regard to the cunent Major SDD Amendmeni proposal: 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 developmenl should be maintained and upgraded whenever possible. 3.3 Hotels are important to the continued succ,ess of lhe Town of Vail, therefore conversion to condominiums should be discouraged. 4.2 Increased density in the core areas is acceptable so long as lhe existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important io the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) D. With the exception of the exterior expansion to the Fourth/Fiflh Floor dwelling unil, staff believes ihat the proposed Major SDD Amendmenl application meets the goals and policies of the Land Use Plan as described above. VAIL VILLAGE MASTER PLAN The staff believes that the 1993 approval for the redevelopment of the Vail Athletic Club carried oul many of the goals and objectives contained in the Vail Village Master Plan. Additionally, the staff believes that the currenl Major SDD Amendmeni proposal also furthers the following Master Plan's goals and objeclives: Goal #1 -Encourage high quality redevelopment while preserving the unique architectural scale of lhe Village in order to sustain its sense of community and identity. Obiective 1.2 - Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Obiective 2.3 - Increase the number of residenlial uniis available for short term ovemight accommodalions. Policy 2.3.1 - The development of short term accommodation units is strongly encouraged. Residential units lhat are developed above existing densily levels are required to be designed or managed in a manner thal makes them available for short lerm overnight rental. Obiective 2.5 - Encourage the coniinued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guesls. Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Policy 5.1.5 - Redevelopmenl projects shall be strongly encouraged to provide underground or visually concealed parking. The staff believes that the proposed Major SDD Amendment application meets the Vail Village Masler Plan goals, objectives, and policies as described above. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Although this project is located adjacent to Gore Creek, no portion of the proposal encroaches into the fifty-foot stream setback, nor into the l0Gyear floodplain. There are no olher natural and/or geologic hazards that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. H. Although this criteria was discussed extensively during the 1993 review, staff believes that the proposed Major SDD Amendment will have no negative impacts on this criteria. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The staff believes thal the proposed Major SDD Amendment will have no impacts on lhis criteria. Functional and aesthetic landscaping and open space in order to optimize and presen e natural features, recrcation, views and functions. Again, ihe staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Phase I of the VAC redevelopmeni has been completed (Club Levels - lowesl iwo floors). The balance of the redevelopment is considered Phase ll. IV. STAFF RECOMMENDATION The Community Devel criteria outlined of a 62 so. ft.A for the Fourth and Fifth Floor recommends denial of the sq. ft. of addiiional G menlioned , staff recommends app nTno elements of the ncluding Ordinance #2, of this staff memo. * "EC - c,.r-. Fr,0 7 , tlqr-_ ^'raf, 6-0 -74 7f^ -& i" Nd? ; 0J, ) t.2c z -52-ft;44- fr tr* 4 W /'4.1 .4,#ft'b'*tuxfr ,"-&/ 41 ,/-A--"- f 4 y7 a - Sua 1,sF b -8 AV.la:a-r4 -> 9fu +.\L hJ& La^n.'--<n- a,'c^- 1*(a- ft.4 - 6RFft *F'a- | =o FD a-,, € -{o -{rT< >r-1 P7 =ao;bE2o>\. -NKI! n frl '.v- =7 z-- ---^ lrl v rt..(oug @a,^- n - - l_|L*-J FD (/) l_|L*lX >r-/ (/) F-r. >r,) l-..rl d\)O n1 - aCw =-l l- 'T-lon )rr./ \2 Vail Athletic Club Expansion and Renovation VAIL COLORADO t u.oa\rEra.{h{3 :::-.=-.;_-.-_---j:: ratl.:tl fflrl: -, 1 //s,i ol/'Jld l^o/ro 4 ,rt<t t .. ,F-,Z ,qd ' ^-a l- ffirr1;7 safan TF Bl I i i! 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I/;iio@o 9l E5btlr lfe il r !l F lLr Ef I ilEilr I V l.l rltl ' ::.t i, c&tr l,* .iI ola tlar r*, rsr c I --l- t. |.. D, _ t_ _ -i 6n'nn '.. ':r,r..tl A neGEo Yail Athletlc Club Exparsron ard Rcnovatlonlrtfllnrm no"gi' @ :ils'lt'- 'llg' H IFI- il ti --rlL ;l --i-- iII' rl 6@I Atn0960 Yatl Athleuc club Egsrsloo and nernvaffitr[ co0fiiD0 o EiIe FJi8 oo \ R' \ \F- N 4 \tL P P$ IEE.T iliE :. EllFi { E lliHf,iII iE SFsF {t s@ ${ls c.Lr.- sG'*\rT Es\-/ o # $ : orr r a-' ada t.3t-.i'1.9.'-c.. F filir A fimfi[E! Yail Athletic Club E4uslcrunlRomrcn PLANNING AND ENVIRONMENTAL COMMISSION MEMBERS PRESENT: Greg Moffet Greg Amsden Galen Aasland Gene Uselton Diane Golden John Schofield February9, 1998 Minutes MEMBERS ABSENT: Ann Bishop STAFF PRESENT: Mike Mollica Reed Offate Judy Rodriguez Public Hearing 2:00 p.m. The meeting was called to order by Greg Moffet at 2:00 p.m. 1. A request for a major amendment to Special Development District #30 (VAC), to allow for a change in the number of dwelling units/accommodation units and a modification in GRFA, located at the VailAthletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limited Partnership, represented by John PerkinsPlanner: Mike Mollica Reed Ofrate gave an overview of lhe staff memo. Greg Moffet asked if the applicant had anything to add. Stan Cope stated he would be available for queslions. Greg Moffet asked for any public comments. There were none. Mike Mollica stated for ihe record lhat he received a fax from Jack Lambert, General Manager for the Mountain Haus, saying that he was concerned about a trash enclosure on the southwest corner of building which would affect the Mountain Haus. However, Mike said the trash enclosure was withdrawn from the application. Galen Aasland said the application was consistent with the criteria and he had no problem with the additional two balconies, as they would make il more interesting. He did not agree with the additional square footage on the Fifth Floor north elevation. He said this application was within lhe intent of the SDD. Diane Golden asked if the AU's would have lock-off ability. Stan Gope said no, but a luxury hotel should have a presidential suite and it was not unusual to have 2 bedrooms in this suite. Diane Golden asked if a presidential suite is rented out more frequently. Stan Cope said yes, with it rented more in lhE summer for top end conferences. Planning and Environmcntal Commission Mnutee Fcbruary 9, 1998 1 D,?art i.; John Schofield had no comments. Gene Uselton asked where the extra 62 sq. ft. was. Stan Cope said it was within the unil. Gene Uselton asked if it was imporlant to the project. Stan Cope said the room needed 18" to make it more functional, with no change in price because of the additional sq. footage. Greg Amsden had no commenls. Greg Moffet was in agreement with Galen and also had no problem with the balconies. He was more concerned with adding GRFA on the north side. Stan Cope explained that since the approval in 1993, the DU sq footages have gone up and down. He said he didn't believe this was outside the original intent. Greg Moffet asked if the 18" would be extended out on the Sth floor. John Perkins, the architect for the Vail Athletic Club, said there would be minimal effect on bulk, because it happens on the east end and dies into the elevator mass and so will never be perceived as a change in plane. He said the upper bedroom needed the extra space to be funclional. He said it will not be seen as canlilevered and that the roof line was not changing. Lynn Fritzlen and Ken Overstreel, architects for the condominium owner, explained the plans to the PEC. John Perkins said it was using dead space. Ken Overstreel said the wall was 7'6". Lynn Fritzlen explained when working on renovation projects, some things just don'l line up. John Schofield made a motion for a recommendation, as requested by the applicanl, to the Town Council. Gene Uselton seconded the motion. The motion passed by a vote of 6-0. 2. A request for additional GRFA utilizing the 250 ordinance, to allow for a remodel, located at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd Filing. Applicant: Nate Accardo, represented by Dale Smith, Fritzlen, Pierce Briner ArchitectsPlanner: Reed Ofiate TABLED UNTIL FEBRUARY 23, 1998 Planning and Environmental Commission Mnutcs February 9, I 998 I AGENDA NorE: Times of items are approximate, subject to change, and cannot be relied upon todetermine at what time Council will considel an item. /t-,,))>_ ,u"- VAIL TOWN COUNCIL CITIZEN PARTIC|PAT|ON. (5 mins.) Discussion and First Reading of Ordinance No. 3, Series of 199g. A Fqyest for a major amendment to Speciat Devetopment District #30 (Vail Athletic Clublito allow for a change in the number of dwelling units/accommodation units, modifications in common area square footage and GRFA, and an ordinance modification of the EHU timing requirements. The VailAthletic Club is located at 352 E. Meadow Dlive. Parcels A & B, VailVillage First Filing. The major amendment to SDD #30 requires ordinance approvals for said modifications. This hearing shall constitute the first reading of Ordinance No. 3 Series of 19g9, amending SDD#30 and Ordinance #2, Series of 1996. (30 mins.) ACTION REOUESTED OF COUNCTL: Approve, approve with conditions, or deny the reguest to allow for a change in the number of dwelling units/accommodation units, modifications in common area square footage and GRFA, and an ordinance modification of the EHU timing requirements. BACKGROUND MTIONALE: The pEC has recommended approval(by a vote of 6-0) of the applicants request. please find aftached the stafl' memorandum and Draft PEC minutes. STAFF RECOMMENDATION: See the staff memorandum to the pEC dated 2/10/98. Ordinance No. 2, Series of 19g8, second reading of an Ordinance Amending Section 1-5-11A Establishing the Time of the Town Council Regular Meeting Dates. (5 mins.) ACTION REQUESTED OF COUNCTL: Approve/itodify/Deny Ordinance No. 2, Series of 1998, on second reading. BACKGROUND MTIONALE: Vail Town Council requested the opportunity to consider an ordinance amending the time of the regular meeting which is presenily set at 7:30 p.m. The ordinance as drafted will allow each Council to consider the appropriate starting time at its organizational meeting following the biennial Council elections. STAFF RECOMMENDATION: Staff recommends approval of OrdinanceNo 2 1998 on seo.nnd raar{ina Resolution No. 4, Series of 1998, a Resolution Adopting the lntergovernmental Agreement Between and Among the Towns of Avon, Basalt, Eagle, Gypsum, Mintum, Red Cliff and Vail, Colorado (Municipal Corporations and Political Subdivisions of the State of Colorado), to Employ Joint and Cooperative Efforts Wth Eagle County to Obtain the Mutual General Goals of the Efficient, Well Ordered and Economic Provision of General Government Services and the Mitigation of the Disagreeable lmpacts of Uncoordinated Growth. (5 mins.) 1. 2. Mike Mollica Reed Onate Stan Cope John Perkins 3. Tom Moorhead 4. Bob Mclaurin Tom Moorhead FEBRUARY 17, 7:30 P.il. lN TOV COUNCTL CHAMBERS to 5. Nancy Sweeney o. Stan Cope Kirk Hansen ACTION REOUESTED OF COUNCTL: Approve/Deny Resotution No.4, ,' Series of 1998. BACKGROUND RATIONALE: The Municipatities within Eagte County are in agreement that the efficient, well ordered and economic provisions of . ... general government services to municipal residehtsgnd.to,r"si&nis oi,'i{ ' unincorporated areas of Eagle County and the mitrgtflon of ihe generally recognized disagreeable impacts of uncoordinated growth can only be achieved through the joint cooperative efforts of the municipalities- The Intergovernmental Agreement to be adoptqd furthers those goals. lt is the intention of the municipalities to enter into an agreement with the County to employ sound regionally oriented planning principles that encourage the following: A. Concentration of planned and needed growth and density in municipalities where such grovrdh is more efficienily and cost effectively served by centralized infrastructure and services and where its location will help preserve open spaces and agricultural land. B. Coordination of land use decisions between the County and municipalities within those areas identified by the municipalities and the County within which land use change will have a significant impact on either the County or municipality. STAFF RECOMMENDATION:Approve Resotution No.4, Series of 199g. Seibert Circle - CouncilApproval of prqect. (30 mins.) ACTION REOUESTED OF COUNCTL: Review and approve design, schedule and budget of Seibert Circle. STAFF RECOMMENDATION:Approve design contingent upon DRB approval (to meet on 2/18/98). Staff is seeking approval to begin contract negotiations and construction documents. Update and Funding Request from Vail Tomonow Community Center Coordinating Team. (10 mins.) ACTION REOUESTED OF COUNCTL: Listen to request and take under advisement. BACKGROUND RATIONALE: The Vail Tomorrow Community Center Coordinating Team has been working to draft a proposed public process that would identify and prioritize possible components of a community center that would dovetail with a process currenily under consideration by Town council. The larger prooess under consideration by Town council would create a siting package for Vail's housing, parks, public facilities and open space needs, as well as a permanent funding source for housing, by June 30, 1998. The Vail Tomorrow Community Center coordinating Team wishes to present an update on its actitities, as well as request funding from the Town of Vail to be used to cover a portion of the cost to initiate a public process. STAFF RECOMMENDATION: Listen to request and take under advtsement. Information Update. (10 mins.) Council Reports. (10 mins.) Other. (10 mins.) Town Manager Report. (10 mins.) Adjournment - 9:35 p,m. 8. o 10. 11. deoFssrigt; i,_ts eLANNTNGANDENVTRoNMENTALcoMMTssToN tllE CIPY February9, 1998 Minutes MEMBERS PRESENT: MEMBERSABSENT: STAFF PRESENT: Greg Moffet Ann Bishop Mike Mollica Greg Amsden Reed Oflate Galen Aasland Judy Rodriguez Gene Uselton Diane Golden John Schofield Pubfic Hearino 2:00 o.m. The meeting was called to order by Greg Moffet at 2:00 p.m. '1. A request for a major amendment to Special Development District #30 (VAC), to allow for a change in the number of dwelling units/accommodation units and a modification in GRFA, located at the VailAthletic Club, 352 E. Meadow Drive/Parcels A & B, VailVillage First Filing. Applicanl: JWT 1987 Limited Partnership, represenled by John Perkins Planner: Mike Mollica Reed Ofiale gave an overyiew of lhe staff memo. Greg Moffet asked if lhe applicant had anything to add. Stan Cope stated he would be available for questions. Greg Moffet asked for any public comments. There were none. Mike Mollica stated for the record thal he received a fax from Jack Lambert, General Manager for the Mountain Haus, saying that he was concerned about a trash enclosure on the southwest corner of building which would affect the Mountain Haus. However, Mike said ihe trash enclosure was withdrawn from the application. Galen Aasland said the application was consistent with the criteria and he had no problem with the additional two balconies, as they would make it more interesting. He did not agree with the additional square footage on the Fifth Floor north elevation. He said this application was within the intent of the SDD. Diane Golden asked if the AU's would have lock-off ability. Stan Cope said no, but a luxury hotel should have a presidential suite and it was not unusual to have 2 bedrooms in this suite. Diane Golden asked if a presidential suile is rented out more frequently. Stan Cope said yes, with it rented more in the summer for top end conferences. Planning and Environmcntal Commission Mnutcs Februarv 9. l99E l- J ' lonir'schotield hhd no commenls. Gene Uselton asked where the extra 62 sq. ft. wes. Stan Cope said it was within the unit. Gene Uselton asked if it was important to the project. Stan Cope said ihe room needed 18" lo make it more functional, with no change in price because of the additional sq. footage. Greg Amsden had no comments. Greg Moffet was in agreement with Galen and also had no problem with the balconies. He was more concerned with adding GRFA on the north side. Stan Cope explained that since the approval in '1993, the DU sq footages have gone up and down. He said he didn't believe this was outside the original intent. Greg Moffet asked if the 18" would be extended out on lhe 5th floor. John Perkins, the archilect for the Vail Athletic Club, said there would be minimal effect on bulk, because it happens on the east end and dies into the elevator mass and so will never be perceived as a change in plane. He said the upper bedroom needed the extra space to be funclional. He said it will not be seen as cantilevered and that the roof line was not changing. Lynn Fritzlen and Ken Overstreet, architects for lhe condominium owner, explained lhe plans to the PEC. John Perkins said it was using dead space. Ken Overstreel said the wall was 7'6". Lynn Fritzlen explained when working on renovalion projects, some things just don't line up. John Schofield made a motion for a recommendation, as requested by the applicant, to lhe Town Council. Gene Uselton seconded the motion. The motion passed by i vote of 6-0. 2. A request for additional GRFA utilizing the 250 ordinance, to allow for a remodel, located at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd Filing. Applicant: Nate Accardo, represented by Dale Smiih, Fritzlen, Pierce Briner Architects Planner: Reed Ofrale TABLED UNTIL FEBRUARY 23, 1996 Planning and Environmontal Commission Minutcs Fobruary 9, 1998 { ffi.\ SUBJECT: A request for a Major Amendment to Special Development District #30, Vail Alhletic Club, to allow for modifications to lhe parking garage, restaurant, accommodation and dwelling units, and common areas within the building, located at 352 East Meadow Drive/Parcels A & B, Vail Village 1st Filing. Applicant: JWT'1987 Limited Partnership, represented by Stan Cope and John Perkins Planners: Mike Mollica/Reed Ofiate I. DESCRIPTION OF THE REQUEST The VailAthletic Club (JWT 1987 Limited Partnership), represented by Stan Cope and John Perkins, has submitted a request for a Major Amendmenl to Special Development District (SDD) #30 (as amended by Ordinance #2, Series of 1996) to allow for modifications to the parking garage, restaurant, common areas, and accommodation and dwelling units. The specific requesled modifications to the Vail Athletic Club developmenl plan includes the following: *Garage/Ski Storage: The addition of 240 square feet for ski locker storage on lhe Garage Level. As a result of interior use changes, a reduction in the parking requirement trom 24 to 22 spaces would allow more area for trash staging and ski locker storage. *Restaurant: Increase of 96 sq. ft. of interior restaurant space within a "pop-out" on the south elevation of the First Floor. Overall, the changes to lhe restaurant includes an expanded kiichen area and a net' decrease in public seating areas. *Common Area: Increase of 105 sq. ft. for a maid closel on lhe Second Floor in an area previously open to the floor below. *AUs: Elimination of two accommodation units on the Fourth Floor and the conversion of a dwelling unit to a "Presidential Suite" accommodation unit. Due to guest rooms that are accessible via a stainray to the "Presidential Suite" the nel total of accommodation rooms (and beds) available would not change. [4AI '\,urx fiN'', MEMORANDUM TO: Planning and Environmenlal Commission FROM: Community Development Department DATE: February9, 1998 *DUs: Elimination of one dwelling unit (as noted above) and expansion of one dwelling unit on thE Fourth and Fifth Floors, including expanding exlerior walls totaling 62 sq. ft. The eliminaied accommodalion units, dwelling unit conversion, hallway conversion, and wall relocation would create the additional square footage for the dwelling unit. Please find attached 8/2x11 reduclions of the proposed floor plans. The proposed changes would have minor impacls to the exterior of the building. The proposed exterior changes include: 1) the addition of a "pop-out" for the restaurant on the south elevation, 2) a 34 sq. ft. expansion of exterior double doors onto the balconies of the Fourth Floor dwelling unit on the south elevation, and 3) the expansion of 28 square feet of Fifth Floor dwelling unii space on the north elevalion. Overall, the parking requirements for this SDD do not change as a result of the amendments described above. An additional change to the Special Development District (SDD) #30 (Ordinance #2, Series of '1996) is proposed concerning the provision and timing of Employee Housing Units. Staff believes that the need for lhe employee housing units would come after the Vail Aihletic Club is operational. Thus, a change in the timing of the requirement of the EHU restrictions should come at the time of the issuance of a Temporary Certificate of Occupancy, rather than "Building Permit" issuance, as the ordinance currently reads. The proposed changes to Section 4.8.10 of the Ordinance are shown in bolded texl below. The developer shall provide four (4) Type lV Employee Housing Units on-site, which shall be reslricted per 912-13 of the Town of Vail Municipal Code prior to the release of any Temporary Gertificate of Occupancy for the project. Additionally, the developer shall provide one one-bedroom employee housing unit and one two-bedroom employee housing unit. These employee housing units shall be located off-site, shall be located wilhin the Town of Vail municipal boundary and shall be restricted per $12-1 3 of the Town of Vail Municipal Code. The employee housing restriction agreement shall be signed and submitted to the staff for approval before a Temporary Certificate of Occupancy will be released for the project. The units shall meet the minimum standards according to Chapter 18.57 of the Town of Vail Municioal Code. II. AMENDMENT PROCEDURE The proposed amendmpnts described in Section I are considered to be Major Amendments to the 1993 approved SDD and subsequent amendments. As stated in the Zoning Code $12-94-2, a major amendment is defined as follows: "Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District. . ." Since the applicant's proposed amendments to the SDD involve changes lo gross residential floor area, as well as density (number of units), the proposal is required to follow the Major SDD Amendment procedure. The PEC shall provide a recommendalion to the Town Council regarding the proposal. The Town Council shall approve the proposal via two readings of an ordinanse. III, SPECIAL DEVELOPMENT DISTRICT CRITERIA As provided for in $12-94-8 of the Town's Municipal Code, there are nine SDD review criteria which are to be used to evaluate lhe merits of a proposed Major SDD Amendment. lt should be noted that the staff analysis of the project's compliance with the SDD review criteria has only focused on the proposed amendments to the SDD, and not on the balance ofthe 1993 or 1996 approvals. The review criteria, and the staffs analysis of the proposal's compliance with the review criteria, are as follows: 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. Minimal architectural changes are proposed to ihe design of the building. The overall scale, and mass and bulk of the proposed struclure will generally remain as it was approved in 1993 and subsequently amended. The primary roof forms (and building height) will also remain as approved in 1993. The following oullines the areas where there are proposed changes to lhe archilectural design of the structure: . Restaurant "pop out" (south elevation).. Fourth Floor balcony door expansion (south elevalion).. Fifth Floor dwelling unit expansion (north elevation). Staff does not believe these changes will significantly affect the bulk and scale of the building. The restauranl "pop-out" will expand the building on lhe south elevation by 96 sq. ft., however, staff believes the site coverage is generally imperceivable as the restaurant area is located over a building mass below. The exterior expansion on two of the Fourth Floor dwelling unit balconies totals 34 sq. ft. The exterior expansion of one wall on the Fifth Floor of the same dwelling unit totals 28 sq. ft. Staff believes these expansions are minimal, architecturally, but they would add GRFA as discussed below. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The general uses within the redeveloped Vail Athletic Club (VAC) are not proposed to change. While one accommodation unit would be eliminated, the overall number of accommodation unit beds (rooms) would not change due to an expanded "Presidential Suite." Staff is comfortable with this reconfiguration of accommodation and dwelling units. Given that the applicant is generally working within the confines of the 1993 approved building envelope, the staff views the proposed interior changes as minimal. Allernatively, staff cannot support exterior dwelling unit alterations on the Fourth and Fifth Floors lhat would add approximately 62 sq. ft. of GRFA (34 sq. ft. fortwo balcony door expansions plus 28 sq. ft added by expanding a north wall one foot). c. While the expansions would enhance lhe dwelling units value, lhe overall benelit to the public is not cleady apparent. The increase in GRFA density beyond the approved Fourth and Fifth Floor building envelope is not an integral necessity associated with the function or use of the condominium dwelling unil. Expansions wilhin existing interior spaces are found by slaff to be acceptable given the shift in density within the building envelope and incorporation of common area square footage. Compliance with parking and loading requirements as outlined in Chapter 18.52. Staff believes that the proposed amendments lo the SDD are in compliance with ihis criteria. The Town's zoning requirement is for a total of 22 parking spaces to be provided on the site. This proposal would reduce the number of required parking spaces trom 24 to 22. Staff supports this reduction in on-site parking. The reduction of two spaces would allow for improved trash and recycling slorage access and a 240 sq. fl. ski locker area. Previous design solutions proposed by the applicanl included moving the trash storage to the alley access between the Vail Athlelic Club and the Mountain House. Staff opposed this previous trash localion due to potential land use conflicts with the neighboring residential uses. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. VAIL LAND USE 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 new or amended development proposals. The staff considered the following Land Use Plan Goals/Policies during the initial review of the 1993 SDD establishment for the Vail Athletic Club, and further, staff believes that these goals and policies continue to be applicable with regard to lhe current Major SDD Amendment proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreaiional uses to serve both the visitor and the oermanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 33 Hotels are important to the conlinued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 4.2 Increased density in the core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of theVillage is important{o lhe identity of Vail and should be preserved. (Scale, alpine character, small lown feeling, mountains, natural setting, intimate size, cosmopolilan feeling, environmental quality.) D. With the exception of the exterior expansion to the Fourth/Fifth Floor dwelling unit, staff believes that the proposed Mejor SDD Amendment application meets the goals and policies of the Land Use Plan as described above. VAIL VILLAGE MASTER PLAN The staff believes that the 1993 approval for the redevelopment of the Vail Alhletic Club carried out many of the goals and objectives contained in the Vail Village Master Plan. Additionally, the staff believes that the current Major SDD Amendment proposal also furthers the following Master Plan's goals and objectives: Goal #1 -Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective '1.2 - Encourage lhe upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-round economic health and viabilily for ihe Village and for the community as a whole. Objective 2.3 - Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1 - The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required lo be designed or managed in a manner that makes them available for short term overnight renlal. Objective 2,5 - Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Goal #5 - Increase and improve the capacity, efficiency, and aeslhetics of the transportation and circulalion system throughout the Village. Policy 5.1.5 - Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. The staff believes that the proposed Major SDD Amendment application meets the Vail Village Master Plan goals, objeclives, and policies as described above. E. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Although this project is located adjacent to Gore Creek, no portion of the proposal encroaches into the fifty-foot stream setback, nor into the 1 00-year floodplain. There are no otfref natural and/or geologic hazards that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Although this criteria was discussed extensively during the 1993 review, staff believes that the proposed Major SDD Amendment will have no negative impacts on ihis criteria. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic ci rculation. The staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Again, the staff believes that the proposed Major SDD Amendment will have no impacis on lhis crileria. l. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Phase I of the VAC redevelopment has been completed (Club Levels - lowest two floors). The balance of the redevelooment is considered Phase ll. IV. STAFF RECOMMENDATION The Community Development Department slaff believes thal the applicant's proposed modifications are consistent with the criteria outlined in $12-94-8 of the Municipal Code with the exception of a62 sq. ft. expansion of exteriorGRFA proposed forthe Fourth and Fifth Floor dwelling unit. Staff recommends denial of the proposed 62 sq. ft. of addilional GRFA mentioned above, and furthermore, staff recommends approval of the remaining elements of the applicant's request for a Major Amendment to Special Development District #30 (including Ordinance #2, Series of 1996) as detailed in Seclion I of this staff memo. _J rr<trrr >7 c-A =a oc t\-.>U-r./f!lop5\' <-<; N: I l-rl r" ;z ^1- -. E=3 Uu=n@a,a n C) -l ffiL-lXt7.{ n') r/\ OH nl l-..r-|<-\)O - n1 -t- l- _Jo > -r--\-- O f:t o f, O- L*J >J/ o >l/ a-., = Vail Athletic Club Expansion and Renoration VAIL COLORADO (A \-l H >-t/ j- UE j'.i.;'. '{ "i8 il i ^6/.ds, i:ittj j .1 ^\! il i 'F I"'l..i o l|'g iH fi+ tg ils il il il il tt A MfGM Yatl AthleticClub Expdrslon ard R€no th,nfal cq'flroo 'i Y I I.l I _ -_-l-i I i_ ---_i- _i_ I \\r \\l YYtl ll- I I -T'- I I I I' ----rI il II \t (:, :li T- a2€el. F EETI 'ln -lE $J llltrrt,lI, tl dq !..i rd r* ( rI ' 'C|J|eL-.---f I a lliofosft) Yatl Athletic Club Erpanslon ard Renovaflon oototla)u. E IE F FE$E ? ? ^il-r--l Il_I:; tirl ---_----r-------{9ll ------T-- -r---'--€ :L o o@ o oo0 rEl 'l.l I o I_?1l, l--l- Tffi t A PR*T$O Yall Athleuc Club Expanston ard Renovatbn L__l i_ --r-- I I I I :l I --@.l irlo I- --r- - ---- --€ ,l rl60 $6IatqE' !r F E3I]tFl r Bl a ncP0so Yarl Athletic Club E:Earston and Rerrcvatbn LlI.cflrit& a:t>P>tE ooo A o faur{h f/a4 f, ,tdo . Dck; I @' aPD sQ/roorAGE - D{ . TOTAE TQIrOOTAGG . 3,{ra BIONDI PENTHOUSE DEsICN ALTERNATE + ,zAr fi::""' |roRrH ?ry"rl *{nioe IALL €fpcfl 18:nto'Ut) o ?0 6\(+' n\r+ -:__,_j__1____€r:l I I I6 a5rn 1i = EIt-;t Printed by Mike Mollica r/2r/98 4:38pm From: Gary Goode]-1subjecc! vAclMEn Har]s =::NOa|E:=: --r / 2t /9 e::4 ! 15pm==He!. Mike :I l-ooked at, Et. e space between- Abor:ct'tre wj.dtsh of a Cl-pica]. single-cargarage. Dfove Ctre ,Jimmlr in Lttere t,overify. I can see why Mccee qave uptshe "Fire lJane" Eo easj-l].. I'd neverwanna driwe a fire t'ruck i.n Lhere (if it wou1d f it) 1f one of ttrose b]-dqrs.was on f i-re ! Boch bull-dings are pret'Elz muctr non- conformingi in terms ofproxj'mit.t', lack of f ire - resisitiveconstrlrct'ion, and permltstl-ng unprotsect.ed openings. I,d say werea11y ougtlt.a do wtratsever we can topreserve Ctre exi-t path. MiqfhL wane to1ook ag L}. ose p].ans again now tLrat Iknovt wtraC i- t. rea]-].v 1ooks ]-ike. Hollerl.f I can help- uike uorrif OL/2t/98 14:40 FAX 9?04784901 FRITZTTN PIERCE @ooz ffiHb @E + T 5$ud E"',q tlt : H ue B s ifr t Eq3i' aE OL/2I/98 L4:40 FAX 9704764S01 FRITZLEN PIERCE & oo3 @E i it:t!3t !f qJ 74tll b zIv!ttlEI IIJ atl t-ztllE. E!6 crt I (' 5q o aArI I N OL/2L/58 1{:40 FAI S?04764901 F?ITZLEN PIERCE Fax Cover Sheet Ilete: JmrrarY 21, 1998 Tol Stan Cope X'u:4764451 Rel Square Footages Sender: Ken Overstreet Stait These diagrarns will sbow you where we would like to add sqifootage' ptevious tqf*tug". If you have any questions, please call me' Thank you fot your time and attention' Ken (b oo1 A R C H I.T E C T 5 It also shows tlrc You sbould receive 3 p not receive all the pages' olease call (9?0) 476'6342 Ext. 16. ,, r--:::- r r --'----- -' '.-----'-- Ptanning 1650 East Veil Valley orive fallrid8e C-l a o ArchiEcture a lnterlors vai}, co s1557 r fpbarcht@vail.net ' tax (970) 4764901 ' (970) 475{3t12 13: 0l FAI:v3tf,' Hgw Covercd DddorpYel?o unooe February 5, l99t MikeMollica TownofViil Comrnunitv Development Dcpartncnt RE: Vail Attrletic Club Major Amendnrent To SDD #30 DearMike: Y"-P": been uotiry that the as part of thc vail Atblctic Club's Major AJnendnent to sDD #30the VAc plans to relocare the trash storage lo"ation. co*-tlv, uil iJ i, housed in the vAcparking garage- Thc dumpsters are moved m the curb "uov,o*i,rs fr, pick up and thadunpsrers arc mnved back into tbs garags. . l"*":"t: the rcw.plan corT"tr a new duopster eoclosr.'e ar thc west end of thc VAcproperty' where it adjoins the Mowrtain l{aus). Thc cnclostrrcs unutd uc at trre aud. of tbeocistiug driveway where rbey had. been locarid 1,ears pc*io,r$ rt" v"*"ir, Haus isconcerned about the noisc, smell, and visibility lrtnu-** roru *ro*il u*ed on pasraperience- v/e feel srongry that rhe ec<isting location best ,*,., ar,rrcod partics. The new enclonue *o*:cuir".Ft + drrurpsrers bc pullerl approxiuarery 30' go 40, from theenclosure to tbe steet- This would be all along the *ctf *a orfuc uouauin Haus past fti'arilybedrooms typically early in the norning. The enclosures would also be visiblc to all units located on the southr*'est end of thc building.Additionatly, the enclosues are proposcd to be located dow!. tou/ards Gore Creek whir:h wouldalso nake the enclosure visible fion: the Rivcnvalk and having trrrrusrt "n"ro.sure visjble frcmEa.st Mcgdow Drivc would be a dctraction Lastly. the smell that wouid enir for the rrash encl,osures would be a concem. The smell andmisccllaneor's trash the surmunds rhc dunpsrers were a problem ia rhe past *,hen the enclosurcwas located in the proposed arca_ We fecl the curcDt cash location has rhc least jrnpact on Mounrain l-Iaus ard VAC Gucsts andOuarcrs as wcll as to visitors along East Mcadowbrirrc and thc Rivenpalk. please contact theMountain tlaus how we can participate in the SDD plocess. Mountain Haus 292 East Meadow Drive, Vail, Colorado 81657 . 970 / 476-2434 . F AX 970 / 47&30J7 http:/ /vail.net/mtnhaus . e mail: mtnhaus@vail.net o For Reservations: 8O0 /237-092? -%ffi Effi [:, -fo<,tto = =FT (Jq -r o BRIAITI WAGNER lel Erct lterdow lhlve vdL co 8ros7 eiT|&4Tl&|,/.'M February 13, 1998 Mr. Mike Mdlica Vail Planing Department 75 South Frontage Road Vail, CO 81657 Dear Mike: Thank you for retuming my call so promptly. I wre not ilrare that Vail Athletic Club had made a rcques{ for a change, but * we spoke beforc, they uould like to mcve the trash otrt cf the garage to obddn a couple cf more parkirE spots. I glad that this requegt raras dealt with so quickly by yourself and your department' Thank you again, and pleree keep me informed of any further request for changes requested bY the VAC. Sincercly -'t.\^n. | --//L-{4a*L//9.Vr4_/ ,t Brian \Atagner / mh980210.doc BBLlnI WAGNEB 2e2 Erst Meedow lhlve Yall, CO StOSz sTo470-24A4 August20, 1997 Mr. Mike Mollica Assistant Director or Community Development Town Of Vail 75 South Frontage Road Vail, CO 8'1657 Dear Mike: Thank you for talking to me today about the redevelopment of the Vail Athletic Club. Thank you for reassuring me that the trash receptacles were not going to be moved from the garage to the \r'lest side of the building It was also encouraging to be reassured that the driveway concrete will not be extended past the west staimell and lhis area will be landscape re purposed in the redevelopment plan. I trtould appreciate being notified if there is any change in the above tuo items. You also brought up the redevelopment of Slifert Square on the west side of the Mountain Haus. We have plans to remodel the exterior of the Mountain Haus and nriould like to participate in the plans for Slifert Square. We are scheduled to discuss this at our board meeting August 29h and will be in touch with you the following ueek Sincerely Brian Wagner 970818.doc I o w I-IC^TION F'OR PI^NNffiH#ffi J:;,''N'''' A: TYPE OF APPLICATION: . E Additional CRFA (250) tr Bcd and Brcaldirst O Conditional Usc PcrmitD Major og D Minor Subdivision El Rczoning tr Sign Variancc tr Variancc O Zoning Codc Amcndmcnt COMMISSION APPROVAL GENERAI. INFORMATION This application is for any projcct rcquiring approval by thc Planning and Environmcntal Commission. For spccific information, scc thc subnrittal rcquircmcnts for thc particular approval that is rcqucstcd. Thc application can not bc acccptcd unt'il all rcquired information is subnrittcd. The projcct nray also nccd lo bc reviewcd by thc Town Council andlor thc Dcsign Rcvicw tsoard. n Amcndmcnt to an Approved Dcvelopmcnt Plantr Employce Housing Unit (Typc: )tl Major or O Minor CCI Extcrior Altcration (VailVillagc) tr Major or E Minor CCII ExtcriorAltcration (Lionshead) Qr..{pccial Dcvel opmcn t Disbictm Major or E Minor Anrcndmcnt to an SDD B,DEScRrPrroN oF rHE REauESr: tEF ArtFegb MAlll'AlFlt l=- l+=tttge E, c. D. NAME OF OWNER(S); LING ADDRESS: PHONE: F. OWNER(S) SIGNATUR C.NAME OFREPRESENT MAILINO ADDRESS: FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. STJBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT oF COMMIJNITY DEVEL0PMENT, 75 soUTH FRONTAGE R0AD. MAI Vt H, TOWN OFVAIL veepad4N!s VAIL, COLORADO 81657. Rovi*d 6/96 lt. II I. SPECIAL DEVELOPMENI' DISTRICT (SDD) SUBM ITTAL REQUIREMENTS This application is for any projcct that is applying fbr a ncw SDD. or nrakiug arr arncndntcnt to an existing SDD. I.DEFINITIONS Major Arnendmcnt - Any proposal to changc uscs; incrcasc gross rcsidential floor areai change thc numbcr of dwelling or aoconrnrodation units: nrodifu. cnlarge or cxpand any approvcd Spccial Dcvcloprrrcnt Dish'icts. Minor Amendmcnt - Modifications to building plzurs, sitc or landscapc plans that do not alter thc basic intent and charactcr ofthc lpprovcd spccial dcvclopmcnt district, and are consistent with thc design criteria for spccial dcvcloprrrcnt districts. Minor arrrcndnrcnts nlay includc, but not be linlited to. variations ofnot morc than fivc fcct to approved sctbacks and/or building lbotprints; changcs to landscapc or sitc plans that do not advcrscly inrpact pcdcstrian or veh'icular circulation throughout thc Spccial Dcvclopnrcnt District; or changcs to gross floor arca (cxcluding rcsidcntial uscs), ofnot lnorc than fivc pcrccnt (5%) ofthc approved squarc footagc of rctail. oflicc. coullnou arcas and other non-rcsidcntial floor arca. PRE-APPLICATION CON FERENCE A prc-application confcrcncc with a plturning staff mcnrbcr is strongly cncouragcd. No application can trc acccptcd unlcss it is complctc. lt is tlrc applicant's rcsponsibility to nrakc an appointment with thc stall'to dctcrminc additional subrnittal rcquircmcnts. SUBM ITTAL REOU IREMENTS FEE: $1.500.00 - Establishmcnt of a SDD - $1,000.00 - MajorAnrcndnrcnt $ 200.00 - Minor Anrcndrncnt Thc tbc must bc paid at thc tinrc of subnrittal. Starnpcd, addrcsscd cnvclopcs and a list ofthc narncs and nrailing addresses ofall property owncrs adjaccnt to the subjcct propcrty, including propcrties bchind and across strcets. Thc applicant is responsiblc for corrcct nanres and mailing addresses. This infonnation is availablc front thc Eagle County Asscssor's ofticc. A nrassing modcl depicting the proposcd devclopnrcnt in relationship to dcvcloprncnt on adjaccnt parccls. tr tr o t ! Page I of3 I o Four (4) copics of thc fbllorvirrg: A survcy stanrpctl by a liccnscd survcyol irrdicating cxisting conditions ofthc propcrty to bc includcd in thc spccitl dcvclo;'rrrrcnt dish'ict, to includc in location of intprovclrrent.s, cxistittg contour lincs, natural fbaturcs, cxisting vcgclatioll, rvatcr colrses, and pcrinictcr pl opcrty lirras o l'tlr c parccl. A vicinity plan shor.viug thc proposed inrprovcnrcnts in rclation to alI adiacent propcrtics at a soalc not snrilllcr than l"=50'. A proposcd sitc plan, at a scalil not srrrallcr than l " = 20', showing thc approxilttatc locations aud dinrensions of alt buildings and struchrrcs, uscs tltcrcin, and all principal site dcvclopurcnt fcafurcs. such as landscapcd arcas, walkrvays, scrvicc cntrics, drivervays, and off'-strcct parking and loading alca.s with proposcd colitours alicr grading and sitc dcvclopnrcnt; A prclinrinary landscapc plan, at a scalc not surallcr thau l" = 20', showing existing landscapcd fcaturcs to be rctaincd or rcnrovcd, and shorving proposed landscaping and landscapcd sitc dcvcloptncnt fcaturcs, such as outdoor rccreational facilitics, bikc paths and trails, pcdcstrian plaz-as and walkways, watcr fcaturcs atld othcr clcntcnts. An opcn spacc ard rccrcational plan sut'ficicnt to nlcct thc dctuands gcncratcd by thc dcvclopnrcnt without undo burdcn on availablc or proposcd public fircilitics: O Prclinrinary building clcvations. scctions and floor plans, at a scalc not sntaller than onc- cighth cquals onc lbot. in sut'licicnt dctail to detcnninc lloor arca, gross rcsidcntial floor arca, intcrior cirurlation, looations of usc.s within buildings, iurd gurcral scalc and appcararlcc of thc proposcd dcvclopnrcnt. tr A conrlrlctc sct ofplans dcpicting cxisting conditions ol'thc parccl (sitc plan. f'loor plans. clcvations). if applicahlc. A con4rlctc zoning arralysis of cxisting and proposcd dcvcloplttcnt to includc a squarc footagc brcakdown of all proposcd uscs, parking providcd, and ploposcd dcnsities. A writtcn statcrrrcnt dcscribiug thc nature ofthe projcr:t to includc inforntation on proposcd uscs, dcnsitics, nature ofthc dcvclopntent proposed. contcntplatcd orvncrship pattems and pha.sing plans, aud a $tatcnlcnt outlining horv and whcrc thc proposcd dcvclopment dcviates frorn thc developnrent standards prcscribcd in thc propcrty's urderlying zone district. Photo overlays and/or othcr acccptablc tcchniques for dcmonskating a visual analysis ofthe proposcd devclopmcnt in relationship to existing oonditions. An Environrnental Inrpact Report shalt be submittcd to the Adrrinistrator in accordancc with Chapter I 8.56 hcrcof unlcss waived by Scction I 8.56.030, exempt projccts. o o I a B o a tr tr Pagc 2 of3 t .. tr IV. Additional infbrnration or nratcrial as dccnrcd ncccssary by thc Adnrinistmtor. PLEASE NOTE TIIAT ONLY COMPLETE APPLICATIONS CAN BE ACCEPTED. ALL OF THE REQUIRED INFORMATION MUST I}E SUI]MITTED IN ORDER FOR TI{IS APPI,ICATION TO BE DEEMED COMPLETE. TIME REOI.JIREMENTS A.Thc Planning and Environnrcntal Conunission nlccts or1 th'r 2nd alrd 4th Mondays of each month. A conrplcte application fbnn and all accontpanying lnatcrial (as dcscribcd abovc) must bc acccptcd by thc Cornnrunify Dcvclopnrcnt Dcpiulmcnt by thc appropriatc subnrittal datc, which is a minirnuru of four (4) wccks prior to thc datc of thc PEC public hcaring. Incomplctc applications (as dctcrnrincd by thc planning staff) rvill not bc accepted. All PEC approvcd conditional use pcrnrits shall lapsc if construction is not cotttntcnccd within onc year of tlrc datc ofapproval and diligcntly pursucd to courplction, or if the use for which thc approval is grantcd is not conrnrcnced within onc ycar. ADDITIONAL REVIEW AND FEES A. If this application rcquircs a scparatc rcvicrv by any local, Stiate or Fcdcral agcncy othcr than the'fown ofVail. thc application fcc shall bc incrcascd by $200.00. Examplcs ofsuch revicrv. nray includc, but arc not linritcd to: Colorado Dcpartnrcnt of Highway Acccss Pcrnrits, Army Corps of Enginccrs 4()4, ctc. ll. Thc npplicnnt shall bc rcsponsiblc for paying any publishing fees which arc itr excc.ss of 50% ofthc application fcc. lf, atthc applicant's rcqucst, any mattcr is postponcd for hcaring, causing thc mattcr to bc rc-publishcd, thcn. thc cnlirc fcc for such rc-publication shall bc paid by thc applicant. C. Applications dccmcd by thc Community Developnrcnt Dcpartmcnt to lravc dcsign, land usc or othcr issucs which nray havc a signilicant inrpact on thc comtuunity nny rcquirc rcvicw by consultiurts in addition to Town staff, Shoutd a deternrination be nude by thc Town staff that an outsidc consultant is nccded. thc Comnrunity Dcveloptncnt Departmcnt rnay hirc thc consultant. Thc Dcpartrucnt shall c.stirlatc thc amount of nroncy ncccssary to pay thc consultant and this anrouut shall bc {brwardcd to thc Torvn by thc applicant at thc timc of tiling au application. Expenses incurrcd by thc Torvn irr cxccss of thc amotmt forwardcd by thc applicant shall bc paid to thc Torvn by thc applicant rvithin 30 days ofnotification by thc' Town. Any cxccss f'unds will bc rctunrcd to thc applicant upon rcvicw conrpletiotr. B. vt. I I Page 3 of3 January 12, l99E Mr. Mike Mollica Assistant Director of Community Development Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Mike: John M. Perkins, AliA 004./ E. Beover Creek Bivd. Christie lodge Resort, Suite C-16 PO. Box 2007 Avon, Colorodo 81620 974 949 ?322 fox 97Q.949.Q629 Please accept this narrative and attached drawings as the Vail Athletic Club submittal for a major amendment to the granted SDD zoning district. The changes to the current SDD zoning are as follows: Site Plan: A new enclosed and roofed trash enclosure is proposed at the south west corner ofthe building. This facility will use a six foot overhead door with a three yard dumpst€rs on rollers. The facility is a trash storage area only. The pick up point for trash trucks will remain at the north west c,omer of the property in the area of the parking garage aprorL exactly where it has always been intended. This is the same area that trash pick up happens cun€,ntly and would have to happen if the trash storage continues to remain in the parking gaxage. This change will increase the total site coverage by I 12 square feet. A heated 8'-0 wide surface from the storage to the pick up area will be provided. Upper Herhh Club Plan: Ski storage is proposed in the east end ofthe parking garage. The required twenty four parking spaces will be provided. The ski storage will result in a gain of 37 square feet of conrmon space. First Floor: The dining room and the banquet room are proposed to project two feet south onto the existing deck, resulting in a net gain of98 square feet to the dining areas. Because ofthe increased size ofthe kitcherq from 768 square feet to the proposed 1235 square feet, the total change in the dining room is less 369 square feet. This rezults in no change in the parking requirements. Sccond Floor: A maids closet is proposed in a portion of the volume above the west portion of the front dining room. This closet will result in a net gain of 105 square feet of common space. Tbird Floor: No changes proposed, Fourth Floor: The fourth floor proposes one dwelling unit of 3352 square feet resrlting in a loss of one dwelling unit and 118 square feet of GRFA. Further, there would be a loss of one accommodation unit but the total number of beds would remain the same. Fifth Floor: Bedroom 514 at the fifth floor is an attachment to the dwelling unit. Guestrooms 505 and 507 are attached to accommodation unit 405 (presidential suite) at the fourth floor. Nfike, if you need any further information or square footage numbers please do not hesitate to give me a call. We did not have time to make a full check with the assessors office before noon. The Vodaufer and Mountain Haus have been confirmed and changed, We will check all other properties this afternoon and notify you of any changes. This zubmittal is ofthe highest priority for the Vail Athle{ic Club. Thank you Mike for your helpfulness and cooperation on this matter. Sincerely,Mkk Courdtddr Fchuary 5. 1998 9704792452i# 2/ 2 Eoos Mil<el,Iqllip Toct!ofVail Cmnuiq, Dcveloprncnt Dsfrtocat RE: Vail Atlrlsric CIub Mqior Aurcoducrs To SDD #30 DerMilc: Y"^bf E*nodF rhatthc a-rpatofrlnVeil Athtcric Club'sl{ajorAncaOncntro SDD #fOtEvAc ptarstorelocarcthebarhaorege locariu- cbrlrttty,th;ta*isbpusdinths vAcrrldlg gulgc. Thc dunngg are rnoved u rhc crd evtry rnornfus for piclr-up and tbdtril?ttrrs are rnorrcd hckinotn gilage" ' $cpuicdly, 6c ncnr plan coastrusts e new &-pgr- €Dolqourc rt thi ryrrt qd ofthc VACpopaty where it sdjoins ths trlorutah Hrus). Tbc -rcr+orcs rrontd ba lt tbc eDd of tbrqirtirg ddverry rrlhcr! ocy hr.t bcc! locltcd lcan pcrvious- Tbc l\doqrtdn lltus i5corrcorcd abor[, fb noise, sDdt lnd visibility of tlc npw trsh cocloeus brscd or peEtoqairrEc- Wc ftcl rrrorgly th* 0rc cxisthf lcarim bect sErw3 EII cfted pqd;. flg isw rnalonnc *ould rcquirc t* tbc drupererr be pullcd apro*iulGly 30' to il{I fim tbc mclorurc to fftc strect- TIis rrculd bs alt aloqc thc rtst cd ofG Uorrnaiu gaus pasr frioarilybedromr tpicalty ealf in tlc ncring. p-crclosucs unulddco bc viglblcto sll uoits toccdontesofhrrc$.nd ofthc buitdiry. eddmoaUy, thc eaclostlts ae proposc<l to be loc|tfd dowtr tou&ds Gce Cieek whicb upulddlo rnrlre tte e''clonrn visiblc ftonr tc Rin**rlk urd hwirrg the msh cmclosue visible frou Eart liicnlow Drfus uonld bc a dctnCioa. Ir$ly. &e cmrll thatwodrlemirfutrE trruh eoclosures would bc a cectm. The uelt rnd misllancous tnsh rbE strrcunds rhc duopstu wce a pmblea in tc past wheo the enclonrrc was locod iir ttc proposcd arca. : Wo fuI tbr curte.nr cadr location hrr thc tcertimprt or Msurain l{aus ord Vn C Crrgfts and Owacre [s wcll as to vigibrg along tast Mcrdowbrivc aU to Rinctyrdk. plcam contrct thEIlouftinHaus how we caapaticipds iotbc SDDpoce*. l I Manarcr Mountsirr Haus 292 Essr Ml'sd(tw thive, Vail, (i*rrodo 81df/ ' Wl47lt-24% ' ltAXVTAl4' lG:'tlv htrp:/ /vr)il.nct/mtnhcrr e e mail: rnhrhau*lvoil.net ' litrr Rrrl:rva lion-t: W) /47-4HTz ; MOUMAIN HAUS. nrru'i PrnJ strtr 4r Brf :9-98 ;11:l9At ;It{0uMAlN llAUS.9704752452i# Ll 2 ]lgF CrlvGtcdttldgo FAX 97t/4?6-3007 ' Pholc qIOUili 21Y 292 E' MeeJ.s fh"", Vril, CQ 81657 Rcs,:rvatiouu 8{10/237 -Agn o, // ;t!+ l)"llir-* n.r.. 9/lhl--Tt,n,, / a'E fu-- Rgcr inoLriing t[is ctrtrrc'r pa6c: . n,rrf Vril Villa6e l.*otior. ot tlr" Cor*retl B;J6t ""{t*C*L. Dl+ nldominiurns with tLe conwniuncc "l o [a"t . Se". p*1, tlr"topy' po.rL, stunai, stcm roome, .*r"L *- ouJ rn a.P tbenPY . Trsrrty-lour L'rt fiont ,L*L' daily "-id rewi.ti arrl gug! servi.-.trg . 2r3|fl] qqo.. [*t J.,rt f.ttr*" "1* I I COMMENTST I /"ry *f*' s%r JFI.'I-16-19:€ L6323 PEFKII.IS-BOEER RrcH. Dan€r, CO 80209 I#ffi"r_0$t 572t S- Crafttp Strea Uttl€ioo, CO 80120 Sacrrcl&NaryGary Jrncs Holnberg rr.i.dbn"Pil .-Na 370 lTth Strcet SuirB 5300 rrnu'vr6'reet f--'F 2lo\ o8z Lirt ofAdjrccut hopcrty Owncrr to thc VAC for I mrior encodncnt to ftc SDID zoning dfuEi* (2nd pgcncrl rddrurcs): RicberdParker I stzsE.rBsyud#r'4 -$0\1$0{ Hf":rf8Y,Xillf,"- ott P.@. 3o P-OBu 1,140 Eaglc, CO 81631 Bartnra & Iohn Slelce-Trust€B ll33RaseSt.ll-B Alr Dqtr'tr, CO S0206 John H. Carter CO Inc- P.oBor?130 .- *2101082 2t 003 MAaide, LA 70010 \wzvz ttp*) D€rE, COS02UZ fO \tAt GorcCrcck frrtucrshiP c/9 oliw !. w_a1ryn - 005100 Fiddpoto Circle CttuwisL CT 06830 lffin!;lH'o*"oob ShortHlk, NJ 07fl8 Robcrt & Deamc Tuclrer 3rrl33Butterni&O --0\t Evcrgt€€o, CO 80439 ffi-LlH*"* -$rgEnglcrrcod, CO 80110 FmilyVailLP firn: tr(ate Mitcbdl-TuDept _ t2oow.rrrrdim - 0U{4611 Chicsgo, IL6606 - ' JAT{-16-19S L6=24 PERKINS-BOBER ARCH. t-f .1, U P. A3 ftntdy le l99t ?rcce,* zturobzaL rftl of Adjeut n opcrf oncn to vAC fer r nelor rnrodrcnt to tlc sDrD zodng dirtrict: Waltcr Patrir:k Gramr CrorgeWashington Knox IV9jk"'Pg!ryI- 0[3 zererilgesrccrWiD€ttqIL600Et v 5 V"rl,COlteSZ Aqhoily&Corsta$eRidder N.JNicholrs I 1801 W. .2ft1 str{ [Ue i0 ccilral pa* Wcst t surEctlstNnd - 00L Ne,wyorr.,rwrooil - 0t\ tlblL lfiuiBcrcb,FL 33t40 Mr. Drvid Smith Mountaia llar.rs Condo AssmiUim c/o CgrniccBuilditrg Ath: Jackl^snbsrt 108 S. FrortqgcRoad 292 E MerdorrDrirrc Vail, CO 81657 Vril, CO 81652 B.A&BdtuaBridgFnrarer I 83m !{uylad Ave _- 0tI a 00q St. Loius, MO 63105 Robcrt & Ivlary Galviu RoltryOatcsFatm _ b[t Rqnc68 Anhgton,IL60010 Attr MarionM. Uovd u?l-r nrr 25060 st. mrys nold- uul t ibertlwife, IL 60048 flrotean@ do BrardesVCdm$ Real E$atc zEI Bridge Srr€ct VaiL:CO gt0SZ Vqlnrfcr Condo Associttion 3t5 Crre Creek lhive VriL CO Er6s7 TT]TRL P.B3 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmenlal Commission of lhe Town of Vail will hold a public hearing in accordance with Section 18.66.060 of lhe Municipal Code of the Town of Vail on February 9, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A requesl for a condilional use permit, to allow for four (4) additional offices and one (1) meeting room to accommodate sports staff, located at the Vail Tennis Center, 700 South Frontage Road EasUFord Park. Applicant: Michael Ortiz, Vail Recreation DistrictPlannen George Ruther A request for a major amendment to Special Development District #30 (VAC), to allow for a change in the number of dwelling units/accommodation units and a modification in GRFA, localed at the Vail Athletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limiied Partnership, represenled by John PerkinsPlanner: Mike Mollica A worksession io discuss the underlying concepts and alternatives relating to height and mass of buildings (the rationale), includingj 'use of models and other graphics (illustrations), for the Lionshead Redevelopment Master plan. Staff: Susan Connelly The applications and information about the proposals are available for public inspeclion during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign fanguage interpretation available upon request with 24 hour notification. Pleese call 479- 2114 voice or 479-2356 TDD for informalion. Community Development Department Published January 23, 1998 in the Vail Trail. \. 1woUeeq Cotqnv,^\M\Lhn tDEeo, bv+a V#-rt7D'OVe'+rtqo -Eo;"w *[ avn'n rwb ware- ?nt FgUpry 'sfi, V,uL,tQal.*w 8t65? 0047 E. Bmver Creek Blvd. PO- Box 2002 A,,on,Colorodo8r620 W @Nbtv4lM4uryt Ag:AcfDdltnth, @E cvw,4 w,lvg- yft1u t (atD?hEo,grL52 I frf r\J r F-t I r-':'|ilrr, t ; ca*trau Paea upsr l-lew tb#, t JLt, /tue3 00d7 E. Bmver Creek Blvd. PO. Box 20OZ Avon, Colorodo 81620 Avon, Lolorooo 6lozu PO. Box 2007 Avon, Colorodo 81620 t fns)t,qPf t.,| Hn^r S tCNPahlLl / in AffH: JncE LMffi Z?a e, fta*ruu, PauP \/H-/''"'QFft&. 6lesl M,fatory 0047 E. Beover Cree PO. Box 20OZ 0047 E, Beover Creek Blvd. PO. Box 2007 Avon, Colorodo 81620 0042 E. Beqver Creek Blvd PO. Box 2002 Avon, Colorodo 81620 I I b h o, 6qs0h{A {itron{rTsn, Eaoo N\*r-Jr.frno hvr t-. 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