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Home My WebLink AboutZoning-Info Response Letter 111612. � ! V lill V� 1LLL � ; S 5oeetl� Frr�rltrr�f� I�arrcl Vr�fl, Golr�rrrc�'a 81�57 �c�auta�. a�rril�ov. rnrn November 16, 2012 Zoning-Info c/o Renee Poteete 3555N.W. 58t" St. Suite 505 W Oklahoma City, OK 73112 L)epnrtmer3t ofCornnzurri�}r L�er.�elu,�rnc��zt 17t�.479.2138 j.k. 9:?0.�79.24�? Re: Wall Street (aka Lazier Arcade) Building Zoning Compliance Letter, 225 Wall Street/part of Lots B& C, Block 5C, Vail Village 1St Filing Dear Ms. Poteete, The current zoning of the Wall Street Building is Commercial Core 1(CC1) district. The Commercial Core 1 district process includes the review and adoption of a development plan, through the review of a major exterior alteration, which is in compliance with the zone district. There are no overlay districts on this property. All surrounding properties are zoned CC1 district. The file does not show the granting of any variances or conditional use permits. As of the date of this letter to the best of my knowledge this project is in compliance with the currently adopted zoning for the site and the approved development plan. There are no unresolved zoning code violations to the best of my knowledge. The town files indicate that there is one open building permit that needs to be resolved for units C1 thru C5. The Project number for this permit is PRJ-0519. A copy of this permit is not available at his time in that it is being processed into the towns archiving system by and outside service. This permit was issued in 2005. To the best of my knowledge there is are no other building or fire code violations for this property. Currently there is not a copy of any Certificate of Occupancies on file for these units. The initial construction of this building in the town may have not required a separate Certificate of Occupancy for these individual units. Please feel free to contact me should you have further questions. I can be reached by phone at 970-479-2148 or by email at wcampbell vailgov.com. Martin Haeberle, Chief Building Official, can be reached at 970-479-2142 or by email at mhaeberle(c�vailgov.com. . � ! V lill V� 1LLL � ; S 5oeetl� Frr�rltrr�f� I�arrcl Vr�fl, Golr�rrrc�'a 81�57 auwt,�.c Urrr.'l�UV. cUrn Sincerely, '��- �• �"�- Warren Campbell Chief of Planning Town of Vail And Martin Haeberle Chief Building Official Town of Vail L)epnrtmer3t ofCornnzurri�}r L�er.�elu,�rnc��zt 17t�.479.2138 /z. 97U. �79. Z452 . � ! V lill V� 1LLL � ; S 5oeetl� Frr�rltrr�f� I�arrcl Vr�fl, Golr�rrrc�'a 81�57 �c�auta�. a�rril�ov. rnrn November 16, 2012 Zoning-Info c/o Renee Poteete 3555N.W. 58t" St. Suite 505 W Oklahoma City, OK 73112 L)epnrtmer3t ofCornnzurri�}r L�er.�elu,�rnc��zt 17t�.479.2138 j.k. 9:?0.�79.24�? Re: One Willow Bridge Zoning Compliance Letter, 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision Dear Ms. Poteete, The current zoning of the One Willow Bridge project is Public Accommodation (PA) district. The Public Accommodation district process includes the review and adoption of a development plan which is in compliance with the zone district. There are no overlay districts on this property. The One Willow Bridge development is unique in that it is part of a larger development site and thus tied to another property with regard to compliance with the PA district. The One Willow Bridge development shares development potential with the Sonnenalp Hotel which is located on Lot 1 of the Sonnenalp Subdivision. The development site is memorialized in the applications reviewed and approved for both projects and in Note 11 of the Sonnenalp Subdivision plat. Surrounding properties are zoned Outdoor Recreation, stream tract, to the south; Commercial Core II, Village Center, to the east; Public Accommodation/Special Development District No. 6, Village Inn Plaza, and Commercial Service Center/Special Development District No. 39, Solaris, to the north. The projects contained upon the shared development site were granted a conditional use permit to exceed the permitted 10% retail square footage on the site, but not exceed 15% maximum. There is currently construction in progress which is expanding the commercial at One Willow Bridge by 584 square feet resulting in 13.5% retail square footage on the development site. A variance for height was granted. As of the date of this letter to the best of my knowledge this project is in compliance with the currently adopted zoning for the site and the approved development plan. There are no unresolved zoning code violations to the best of my knowledge. There are no unresolved building code issues to the best of my knowledge. . � ! V lill V� 1LLL � ; S 5oeetl� Frr�rltrr�f� I�arrcl Vr�fl, Golr�rrrc�'a 81�57 �c�auta�. a�rril�ov. rnrn L)epnrtmer3t ofCornnzurri�}r L�er.�elu,�rnc��zt 17t�.479.2138 j.k. �:'0. �i79.24�? As of this date the units mentioned in your request for information are under construction and have not received Certificate of Occupancies. To the best of my knowledge there are no other building or fire code violations for this property. Please feel free to contact me should you have further questions. I can be reached by phone at 970-479-2148 or by email at wcampbell(a�vailqov.com. Martin Haeberle, Chief Building Official, can be reached at 970-479-2142 or by email at mhaeberle(a�vailgov.com. Sincerely, '�,�.,,,� '� • �a".�,e.�- Warren Campbell Chief of Planning Town of Vail And Martin Haeberle Chief Building Official Town of Vail MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 22, 2004 SUBJECT: A request for final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, and a variance from Section 12-7A-7, Height, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K& L, Block 5E, Vail Village First Filing, and setting forth details in regard thereto. Applicant: One Willow Bridge Road, represented by Resort Design, Inc. Planner: George Ruther SUMMARY The applicant, One Willow Bridge Road Condominium Association, represented by Mike Foster of Resort Design, is requesting a final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, and a variance from Section 12-7A-7, Height, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K& L, Block 5E, Vail Village First Filing. Upon review of the two development review applications, the Community Development Department is recommending approval of the requests based upon our review of the criteria outlined in Section IV of this memorandum. DESCRIPTION OF REQUEST The applicant, One Willow Bridge Road Condominium Association, represented by Mike Foster of Resort Design, is requesting a final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, and a variance from Section 12-7A-7, Height, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K& L, Block 5E, Vail Village First Filing. More specifically, the applicant is proposing revisions to the interior floor plans and the exterior elevations to address ingress/egress requirements for the building and an increase in building height to resolve grading and drainage issues between One Willow Bridge Road and the East Meadow Drive streetscape project. As currently approved, the building does not comply with the minimum ingress/egress requirements established by the International Building Code and sits in a"hole" below the new East Meadow Drive. The key changes to the previously approved development plans and the building height variance request includes: • The addition of exit stairways throughout the building, • The addition of a common stairway and building connection on the west end of the building adjacent to the Talisman Condominiums, • A revision to the exterior fa�ade of the architectural tower element on the northeast corner of the building, • A reconfiguration of the outdoor pool area, • A redesign of the exterior residential unit decks on the southeast corner of the building, • An increase in overall building height of approximately two feet (48' to 50') Pursuant to the procedures outlined in Chapter 17, Variances, Vail Town Code, the applicant is requesting a variance from Section 12-7A-7, Height, Vail Town Code, to allow for an increase in overall building height from 48' maximum to 50' maximum. According to the applicant, the building height variance request is largely necessitated as a result of the approved East Meadow Drive streetscape construction project currently underway. As designed, in order to maintain proper drainage, flow, pedestrian access, vehicular circulation, etc., the elevation of East Meadow Drive is approximately two to three feet higher than the street level or first floor of One Willow Bridge Road. As a result the northeast corner of the One Willow Bridge Road building is left in a"hole" beneath the street. The applicant's request will allow for the entire building to be raised up two feet out of the ground and better match the as-built street elevation. The applicant is not proposing any changes to the approved landscape area, GRFA, site coverage, or other similar development standards. All conditions currently applicable to this project, dated May 12, 2004, shall remain in effect. II1. BACKGROUND On April 14, 2003, the applicant appeared before the Town of Vail Planning and Environmental Commission for a final review of five development review applications. Each of the five applications were submitted to facilitate the redevelopment of the Swiss Chalet and to allow for the construction of an addition to the Sonnenalp Hotel. Upon review of the development review applications the Commission unanimously approved the applicant's request with nine conditions. On August 19, 2004, the Town of Vail Community Development department issued a demolition permit to allow for the removal of the Swiss Chalet and as the initial phase of construction for the new One Willow Bridge Road Condominiums. Since the issuance of the permit the applicant has been diligently pursuing the completion of the demo�ition work and the issuance of a building permit for the next phase in the construction process. � IV. REVIEW CRITERIA AND FINDINGS Maior Exterior Alteration Section 12-7A-12, Exterior Alterations or Modifications, Vail Town Code outlines the review process for major exterior alteration applications proposed within the Public Accommodation (PA) zone district. Pursuant to Section 12-7A-12, "The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any projecf which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review." Pursuant to Section 12-7A-13, Compliance Burden, Vail Town Code, "If shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, that the proposal is consistent with applicable elements of the Vail village master plan, the Vail village urban design guide plan and the Vail streetscape master plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. " According to Section 12-7A-13, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1) That the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation zone district; Staff Response: According to Section 12-7A-1, Purpose, Vail Town Code, the purposes of the Public Accommodation (PA) zone district is, "to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district" Staff believes that the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation zone district as the changes to the previously approved plans are revisions to the interior floor plans and the exterior elevations to address ingress/egress requirements for the building and an increase in building height to resolve grading and drainage issues between One Willow Bridge Road and the East Meadow Drive streetscape project. As currently approved, the building does not comply with the minimum ingress/egress requirements established by the International Building Code and sits in a"hole" below the new East Meadow Drive. The proposed changes have no negative impacts on the intended use of the site. 2) That the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan; Staff Response: On April 14, 2003, the Planning and Environmental Commission held a public hearing to discuss the implementation policies of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan and to review the proposed project's compliance with goals and objectives stated in the Plans. Following discussion of the goals and objectives of the Master Plans, the Commission generally believed that the proposed major exterior alteration was consistent with the applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan. Staff believes that the proposed major exterior alteration for One Willow Bridge Road is consistent with the applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan. 3) That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: Staff has reviewed the proposed One Willow Bridge Road project in an attempt to identify any significant negative effects that may be created on the character of the neighborhood as a result of the construction of the project. With the exception of a minor increase of shading on East Meadow Drive due to the increase in building height, Staff believes that the proposed major � exterior alteration will not result in any significant negative effects on the character of the neighborhood. 4) That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Ptan apply to the review of the One Willow Bridge Road project. Upon review of the Plan, staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • Comprehensive Open Lands Plan (adopted 1994) • Lionshead Redevelopment Master Plan (adopted 1998) • Art in Public Places Strategic Plan (adopted 2001) Overall, staff believes that the applicant has proven by a preponderance of the evidence that the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Buildinq Heiqht Variance Chapter 17, Variances, Vail Town Code, outlines the review procedures for a requests for variances from the prescribed development standards. According to Section 12-17-6 Criteria and Findings, Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Response: The applicant is requesting a variance from the maximum building height requirement of 48 feet. According to the applicant, two additional feet of allowable building height will allow the building to be raised up out of the ground. As a result, the northeast corner of the building will no longer be down in a"hole" and the relationship of the first floor or street level of the building to the street level of East Meadow Drive will be significantly improved. Overall, staff believes that the improved streetscape design outweighs any negative impacts that the additional two feet of building height may have on the shading of East Meadow Drive. Pursuant to Section 12-17-1, Purpose, Vail Town Code, "Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal inferpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary ph sy ical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, streef locations or conditions in the immediafe vicinitv. Cosf or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. " Staff believes that the street location (elevation) and conditions in the immediate vicinity of One Willow Bridge Road constitutes an unnecessary physical hardship and practical difficult which warrants the granting of a building height variance. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff Response: The applicant is requesting two additional feet of building height to resolve the practical difficulties and physical hardship created by the street location (elevation) of East Meadow Drive relative to the first floor or street level of One Wi►low Bridge Road. While raising the building more than two feet will further improve the resulting conditions, two feet is the minimum amount of additional height that is required to get the building out of the "hole". According to the revised plans submitted by the applicant, the 24 inches of additional height will be distributed as follows: • First Floor — 9 inches • Second Floor — 7 inches • Third Floor — 4 inches • Fourth Floor — 4 inches Staff believes that the applicant is requesting the minimum amount of relief from the strict and literal interpretation of the building height regulation necessary to achieve and attain the objectives of the Zoning Regulations. � 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff Response: The requested variance will have a positive effect on transportation and traffic facilities and public safety. As a result of raising the first floor or street level of One Willow Bridge Road two additional feet grading and drainage issues between One Willow Bridge Road and the East Meadow Drive streetscape project are resolved and public safety is improved through the elimination of exterior stairs and grade changes. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission approves the request for a final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, and a variance from Section 12-7A-7, Height, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K& L, Block 5E, Vail Village First Filing, and setting forth details in 7 regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section IV of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the applicant's requests, staff recommends that the following findings are made as part of the approving motion: Major Exterior Alteration: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with fhe purposes of the Public Accommodation zone districf, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, and the Vail Sfreetscape Master Plan, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Building Height Variance "That the granting of fhe variance will not constitute a grant of special privilege inconsistent with the limitafions on other properties classified in the Public Accommodation zone district, that the granting of the variance will not be defrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of One Willow Bridge Road., and thaf fhere are excepfional or extraordinary circumstances or conditions applicable to the site of the variance (street location) that do not apply generally fo ofher properties in the Public Accommodation zone district. " :a �RJ �1Y V � �A�� i. AAemarandurn TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 14, 2012 SUBJECT: A request for the review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for an increase in floor area of eating, drinking or retail establishments in a lodge occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC120020) Applicant: One Willow Bridge Commercial, LLC, represented by Sharon Cohn Planner: Rachel Dimond I. SUMMARY One Willow Bridge Commercial, LLC, represented by Sharon Cohn, is requested an amendment to an existing conditional use permit, to allow for an increase in floor area of eating, drinking or retail establishments in a lodge occupying between 10% and 15% of the total gross residential floor area of the structures on site. The proposal includes enclosing three areas on the north side of the existing commercial spaces at One Willow Bridge for a total addition of 584 square feet of retail. Upon review of the proposal and the applicable criteria, Staff is recommending that the Planning and Environmental Commission approves, with conditions, the applicant's request. II. DESCRIPTION OF REQUEST In the Public Accommodations District, lodges with up to 10% of GRFA in retail or eating and drinking establishment floor area are a permitted use. Lodges with between 10 and 15% of GRFA in retail or eating and drinking establishment floor area are a conditional use. The Sonnenalp and One Willow Bridge are considered one development site, and thus, share development potential. Currently, the two properties have retail and eating and drinking establishment floor area that equals 13.5% of the total GRFA. The proposal includes three additions to the commercial spaces at One Willow Bridge, totaling 584 square feet. As a result, the applicant is requesting the review of an amendment to the conditional use permit. In order to meet parking requirements, the applicant will construct two tandem spaces in the One Willow Bridge parking garage in space that is currently used as storage. Further, the additions are within the 20 foot setback, as are all of the south and southeastern storefronts. The existing southeast corner is less than 1 foot from the property line, and ranges to approximately 12 feet from the property line. The proposed additions would be approximately 7.25 feet from the property line, which may be permitted by the Planning and Environmental Commission should they find the conditions in Section VIII are met. III. BACKGROUND On April 14, 2003, the applicant appeared before the Town of Vail Planning and Environmental Commission for a final review of five development review applications, each of which were approved to facilitate the redevelopment of the Swiss Chalet (now One Willow Bridge) and to allow for the construction of an addition onto the Sonnenalp Hotel. The five applications included requests for a major exterior alteration, text amendment, variance, conditional use permit, and a flood plain modification. Upon review of the requests, the Commission voted unanimously to approve the applications with conditions. Furthermore, on May 12, 2003, the Planning and Environmental Commission approved a request for the redevelopment of the Sonnenalp Hotel and Swiss Chalet properties. In granting their final approval, the Commission placed six conditions on the approval, one of which required that the applicant reappear before the Planning and Environmental Commission at a future date for consideration of a conditional use permit allowing the total area of accessory eating, drinking and retail uses on the site to exceed ten percent (10%) of the total gross residential floor area of the main structure or structures on the site, in order for the approval to be valid. In response to that condition, on June 3, 2003, the Vail Town Council approved Ordinance No. 13, Series of 2003, upon second reading, and thus amended the Vail Town Code, permitting accessory eating, drinking and retail establishment uses in a lodge to exceed ten percent (10%), but not more than fifteen percent (15%), of the total gross residential floor area of the main structure or structures on a site in the Public Accommodation zone district. In June 2004, the Sonnenalp was granted an amendment to the conditional use permit for additional square footage allowing 18,505 square feet, or 13.5 %, of the total gross residential floor area of the structures to be accessory eating, drinking, or retail uses within the main structure or structures on the site. This addition included a covered patio at King Ludwig's restaurant. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) Chapter 12-7: PUBLIC ACCOMODATION DISTRICT Section 12-7A-3: CONDITIONAL USES: Town of Vail Page 2 The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 8. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. C. Proposed building setbacks will provide adequate availability of light, air and open space. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Chapter 12-16: CONDITIONAL USE PERMITS 12-16-1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Page 3 12-16-6: CRITERIA; FINDINGS A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. The relevant stated goals of the Vail Village Master Plan are: Town of Vail Page 4 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 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 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Vail Village Urban Design Guide Plan The Urban Design Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. It is intended to be a guide for current planning in both the public and private sectors. It was anticipated, at the time of the Plan's conception, that the perceptions of problems within the Village would change over time and that adjustments would be made to the Guide Plan, which would be considered on an annual basis and would be based on urban design criteria appropriate to the Village. The following excerpt from the Vail Village Urban Design Guide Plan, which references East Meadow Drive, the area closest to the proposed development that is referenced by the Plan, is the only aspect of the Plan that is applicable to the current proposal: Sub-Area Concept #21: "Limited commercial expansion — 1 story. Infill commercial possibility to draw pedestrians both east and west along E. Meadow Drive, which with other improvements helps complete the pedestrian loop to the Village Core. Low building, in foreground of taller building to southwest, will not encroach into view corridor. Facades/entries on north and northeast sides." VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Special Development District No. 6 South: Open Space Natural Area Preservation District East: Mixed Use Commercial Core II I�i� - uff't�.l�� VII. SITE ANALYSIS Legal Description: Zoning: Land Use Plan Designation Town of Vail Public Accommodation/High Density Multiple Family Lots K& L, Block 5E, Vail Village First Filing (Sonnenalp & One Willow Bridge) Public Accommodation (PA) District Village Master Plan Page 5 Current Land Use: Mixed Use Lot Size: 2.788 acres/121,445 square feet Dev. Standard Allowed Approved (2003) Proposed GRFA: Retail/ Eating Drinking Area: Site Coverage(max.): Landscape Area (min.): Setbacks: Gore Creek Setback: Parking: Loading: Height: 182,168 sq. ft. or Up to 150% 13,518 sq. ft. (10%) 78,939 sq. ft. (65%) 36,433 sq. ft. (30%) 20 ft. minimum 50 ft. minimum 141 spaces 4 bays 48 ft. maximum *Variance granted for increased height VIII. CRITERIA AND FINDINGS 135,184 sq. ft. or 111% 18,505sq. ft. (13.5%) 77,619 sq. ft. (64%) 36,433 sq. ft. (30%) Varies (0-12 ft) > 50 ft. 141 spaces 4 bays 50 ft.* No Change 19,089 sq. ft. (+584) (14.1 %) No Change 36,434.5 sq.ft.(+1.5) (30%) 7.25 ft (addition) > 50 ft. 143 spaces (+2) 4 bays No change The review criteria for a request of a conditional use permit are established by the Town Code. 1. 2 Relationship and impact of the use on the development objectives of the Town. Staff finds the proposal to increase retail floor area is in concert with the Town's general development objectives, including the goal of promoting retail in the commercial cores. Further, expansion of the retail spaces will likely make them more desirable and thus, more likely to be immediately occupied by sales tax generating tenants. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Town of Vail Page 6 Staff finds that this proposal, as designed, will have minimal, if any, negative effect on the above described criteria. Further, the removal of the planters adjacent to the right-of-way will improve the pedestrian experience and will provide a wider street to reduce conflicts between buses and pedestrians. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff finds the removal of the planters and fenced patios as part of the proposal will improve pedestrian safety, as they will provide a wider lane for pedestrian traffic. This will reduce the amount of pedestrian traffic in the bus route, thus improving the local bus service and traffic flow. Staff finds that congestion, access, maneuverability and removal of snow are not affected by this proposal. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff finds that the proposed conditional use permit request will result in the upgrading and redevelopment of commercial core areas within the Town, as encouraged by the Vail Village Master Plan. Further, Staff believes that the additional square footage and use is compatible with the existing and potential uses in the vicinity One Willow Bridge. The infill below second level decks on two of three additions will not affect the scale and bulk of the building, and the third addition is proposed in a way that is compatible with the building and surrounding uses. Further, in order to allow the additions to encroach into the 20 foot setback, as the building was previously approved to encroach, the Planning and Environmental Commission shall review the following criteria, with Staff's response below: Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Staff finds the proposed building setbacks provide necessary separation between buildings and are not near any riparian, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. Staff finds the proposed building setbacks comply with the applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. Specifically, the Urban Design Guide Plan states: Town of Vail Page 7 "Limited commercial expansion — 1 story. Infill commercial possibility to draw pedestrians both east and west along E. Meadow Drive, which with other improvements helps complete the pedestrian loop to the Village Core." The additions to the commercial in One Willow Bridge will improve the visibility of the commercial, and thus, will draw people further down Meadow Drive. 3. Proposed building setbacks will provide adequate availability of light, air and open space. Staff finds the proposed building setbacks will provide adequate availability of light, air and open space, and the removal of the outdoor dining decks will actually improve the space adjacent to the street. 4. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. Staff finds the proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties, as the additions to the south will not negatively affect adjacent properties. 5. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Staff finds the proposed building setbacks will allow for the additions to the south side of the structure in a creative design solution that could not be achieved with the prescribed setback standards. This is because the existing building was already granted the ability to encroach into the 20 foot setback and thus, any addition would further encroach into that setback. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for an increase in floor area of eating, drinking or retail establishments in a lodge occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site, located at 1 Willow Bridge Road/ Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: Town of Vail Page 8 "The Planning and Environmental Commission approves this request for an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for an increase in floor area of eating, drinking or retail establishments in a lodge occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site, located at 1 Willow Bridge Road/ Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 1. "That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 4. The proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 5. The proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. 6. The proposed building setbacks will provide adequate availability of light, air and open space. 7. The proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. 8. The proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards." Furthermore, should the Planning and Environmental Commission choose to approve the applicant's requests, Staff recommends that the following conditions be placed upon the approval: "The applicant shall replat the existing pedestrian easement on the north side of One Willow Bridge Road to be parallel with the adjacent right-of-way. Town of Vail Page 9 2. The applicant shall provide employee housing mitigation, as required by Chapter 12-23, Commercial Linkage, Vail Town Code." X. ATTACHMENTS A. Applicant's request B. Architectural plans C. Vicinity Map Town of Vail Page 10 CUP APPLICATION_ONE WILLOW BRIDGE COMMERCIAL_04162012 Department of Community Development 75 South Frontage Road Vail, CO 81657 April 16, 2012 RE: Addition of Commercial Square Footage, Exterior and Planter Revisions to One Willow Bridge Commercial — Conditional Use Permit Application for Review by the Planning and Environmental Commission: One Willow Bridge Commercial, 1 Willow Bridge Road, Vail Colorado 81657 To Whom It May Concern, As owners of One Willow Bridge Commercial, we submit the following Conditional Use Permit Application for Review by the Planning and Environmental Commission. Our proposed improvements to One Willow Bridge Commercial include approximately 584 SF of additional commercial space, revised storefronts and a revision to the current landscape. 1. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. • The proposed revisions that include additional commercial space, exterior and landscape modifications are improvements to the existing use by right and in accordance with the zoning of the Public Accommodation (PA) district. 2. The relationship and impact of the use on development objectives of the Town. Using the existing bulk and mass of the building, the added commercial space under the existing terraces provides better visible exposure, more appropriately sized retail bays and an improved visitor/pedestrian experience. The removal of the planters is not a reduction in soft scape but reorganization. This improvement results in a more thoughtful dispersion of the soft-scape against the fa�ade of the building creating pockets of experiences, vs. a barrier to the retail. 3. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 • In regards to the added commercial space, we are working within the current bulk and mass of the building. The use of the space we are enclosing under the terraces/balconies will not change as it is currently used in conjunction with the adjacent commercial space in an interior retail nature. • The access points to the commercial space do not change with the additional square footage. • The current planter's height and location are an impediment to the access and views of the commercial spaces. The reorganization of the landscape will allow for a more visible storefront, a clear path of travel and more appropriate space that allows pedestrians to step directly out of the adjacent bus route when necessary. 4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking • The current locations of the planters route pedestrian traffic around them directly into the bus route on East Meadow Drive. Their current location poses a safety concern as well as a disruption to traffic flow. The reorganization of the landscape will provide for a clear path of travel alongside the commercial spaces, creating a better opportunity for the pedestrians and vehicles to simultaneously coexist. 5. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. • The character of the One Willow Bridge building is not changed by the added retail space, nor is the scale and bulk as we are working within the current massing of the building. • The improvements to the landscape plan are made through the relocation and reduction to the height of the current planters. By reducing the bulk of the planters and bringing them closer to ground level, we create a solution that better correlates in terms of scale and location to the adjacent storefronts and the pedestrian experience. CUP APPLICATION_ONE WILLOW BRIDGE COMMERCIAL_04162012 • All materials used in the proposed revisions would match the existing building and not deviate from the existing building or Vail Village Urban Design Guidelines. ZONING ANALYSIS Zone District: Land Use Plan Designation: Current Land Use: Proposed Addition: COMMERCIAL AREA: COMMERCIAL SPACE 5 COMMERCIAL SPACE 4 COMMERCIAL SPACE 3 COMMERCIAL SPACE 2 COMMERCIAL SPACE 1 LANDSCAPING: REQUIRED PARKING: SETBACKS: TOTAL Public Accommodation District Village Master Plan Mixed Use Approximately 584 SF EXISTING 1030 1082 690 957 1813 5572 PROPOSED 204 176 204 584 188.5 SOFTSCAPE 190 SOFTSCAPE -- 2 ADDITIONAL VARIES -- 3 CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 SETBACKS In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). Variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. • The impact to the current building setbacks does not change. • The infill stays within the current bulk and mass of the building. • The landscape is relocated from its current street-side location to against the building. B. Proposed building setbacks comply with applicable elements of the Vail Village urban design guide plan and design considerations. • With respect to the Vail Village urban design guide plan and design consideration we are improving the current site conditions to better align with the pedestrians experience, relationship to the adjacent bus-route, streetscape, street edge, scale and aesthetic of the commercial spaces. C. Proposed building setbacks will provide adequate availability of light, air and open space. • The infill stays within the current bulk and mass of the building, thus having a negligible effect on the availability of light, air and open space. • The reduction of the height of the planters and their relocation provides an improved sense of open space. D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. • The infill stays within the current bulk and mass of the building, thus having a negligible effect on the buildings and uses on adjacent properties. • The reduction of the height of the planters and their relocation provides a more compatible scale and relationship with the buildings on adjacent properties. There is a negligible effect on the uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. • The public benefits of our proposed improvements include the following: 4 CUP APPLICATION ONE WILLOW BRIDGE COMMERCIAL 04162012 o Our improvements provide a solution to ensure a safe co-existence of pedestrian and vehicular traffic along East Meadow Drive. o A landscape solution that creates an improved walking experience and continuity to the pedestrian pathway. o The infill of the commercial storefronts creates more visual interest along East Meadow Drive. � ��, �I!�� : � T � � ��' ( � � � !� I � � � — �t�� I — ;� �'� \ . -- � — � �,. �` �i��i, �� ; � V; - � — �� — _ — - -- -- ,. _ _; . - : "1�. 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'Aqk��c �`� �_,,� k� .. -, �� i ` �� \ � s° `�v ♦ TD ifIi.LA �` � �r �r 1` � SPACES_5_.2_&_53 2 ADDITIONAL SPACES TO BE RELOCATED IN THE CURRENT RETAIL STORAGE AREA PEC APPLICATION FOR CUP AMMENDMENT ONE WILLOW BRIDGE COMMERCIAL APRIL 16 2012 C�I�7I��i�Il��lII �AI� ��` ` � � � i � � I��I' �, �C��TN�N��LP �LJ�DI�TI��, � ��-��DI�TI�I�� :� ��' �F ��'� � ��-�� , �L,�� C�,� i S�'ICATE �F D.��CATI0�1 AND OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS: THAT VAIL DOV�R ASSOCIAT�S, L�L,�;, AI� ARiZQNA LfMIT�D LIABILITY COMPANY BEENG THE SOLE OWN�R I�V FEE SIMPLE OF TI-�AI REAL PROPE€�lY SI�UAT�Q IN TH� TOWi� OF VA[L, EAGLE COUf�TY', STATE OF COLO�ADO DESCRIBED AS FOLLOWS: LOT 2, SONNENALP SUSDIVfSION, VA1L. ViLLAG� FIRST FILING, A RESUBDIVISlON OF �ART OF L07S !� A�Jn K, B�.00K 5—E, ACCORDING TO TNE PLAT RECORDED OCTOBE�2 9, 2003, UNDER RECEPT�ON N0. 85319�, EAG�E COUNTY, STA�"E OF COl.OF2ADQ HAS BY TH�S� PR�SENTS LAID OiJT, PLATTED ANQ S�BaIVlDED THE SAME INTO CDI�DOMINiIJM UNITS AS SHOWN ON THIS CONDOMI�IUM MAP AND D�SIGNATE Sf�h�� A� OiJ� Wii�LOW Bf�IDGE ROA� CON�OMiNfUM fN TH� TQWN �F VAi�, EAGLE C�l.1N�Y, ST;qTF OF CO�ORADO AND DOES HEREBY DEDICATE AND SET APART A�.[� 0� �I�E �'UBLIC f�0AD5 ANQ QTH�R PUB:LIC I�IPROVEMENTS ANQ �'LACES AS S�OW�J ON THE ACCDMPANYING CONC70M1NlUM MAP 70 TH� TOWN Q� VAIL �QR 3�� T�-IE PIJBLIG FOREVER, AND DOES HEREBY DEDICATE TNOSE PORTION �[= SAID �E?,L �'R0�'ER�IY WH1CH ARE INDICAT�D AS �AS�ME�TS �N TF�E ;��COMi�,a�lYING CO�fQOMI�vIU� MAP AS EASEMEI�TS FOR THE f��JF2F'OSE 0�' II�S�;�LLl�lG �pEF2A�ING AND MAINTAiNfNG 0� ANY AND �LL UTlLITIES INCLUDING, BU f NOT LEMiT�D TD, NAT�.71�i�L GAS, WAT�R LIf��S, SANI7ARY SEW�R LIN�S, �CL��HONE LfNES �,ND ELECTRiC �INES, CABLES, POLES, CONDUITS, STORM SEWERS, AND ALL O7HER N�C�SSARY APPU�2TENANCES THERETO. ,r �X�C�JTE� TH15 �� `� DAY OF �k' %��;�� , 2� `�� F �� zoN �, �� ., �. �o ��.3 �� a��. T � a � � � � �, ri � 1� �� l_.� � �.. VT � 1 � � .�� T l� � y � �.�i � � � � 4� lJ � � � t� � � ��-I��T 1 �F � 'VAIL �ATER AN� SANiTATI�N ➢E53'RIC`� EASEMEN�' B�DiC 197, PAGE 465 � _� �" _ -� A �'� �� 3 � ;� --- - --�- - -- - I�,1 � / s 82'35'0p" � 1 � � � � � � % �m _ � � � 72.8g' �� *.r o ca � / ~------ / ,a / / � ; ` �" �_ / � � � , �--------- � . � -----�--__----�-�-�. a ��, w :; i � � � fi�� ;� � . VAIL 1FAT�R AND SANI'FA�EQN DISTRICT` EASEhiENT V�IL DOV�R ASSOCIATES, LLC Boox z�1, PAGE 80S ----�—'— RN ARI�ONA LIMIT�D LIA8IL..I�Y C�M�ANY BY: DOUER AS�OCIATES, LLC AN ;4E�fZONA LIMITED` �{ABILITI` COMPANY, iTS MANAGER o�/ �`�j�% � � :� �` �q1' `� a�� `� ! s� f`'xr` ; L] i . `ti, ��:� „l.�.jS�eY 4 ��,,..1�.:�F lY U,1 �,l��ui� � nr!iu�o*Y �FS RO"' �[�T'` M. MGN'I'CHO�S, MANAGER STATE 0� COLORADO ) ) SS. COUNTY OF EAGLE ) THE FOREGaING DEE�iCA7fON AND ,OWNERSHIP WAS ACKNOWL�DG�D BE�ORE ME T�iIS DRY �`�� dF '�: 1� rF�s�..�,.,� , 20J gY I�OB�RT M. MC�IICHQ�S, A5 MANAGE� OF DOVER ASSOCIATES,�=� L�C, AN ARIZONA LIMITED LIABILI�Y COMPANY, THE SOLE MEMBER 0�" VAI�. D�V�R ASSOCfATES, LLC, AN ARIZONA CORPORATIaN. G; Wl�fi`�S�S� MY��'� A�D',OFFiCIAL SEAL '��,�7 � �� q � . s �,�. `f s; �t s ., �,r � �r Jr�p i.. F . .� m 4 i� «r' i�k� 7'!�'``,'C�''��ti F i . P,�, a � s � /.:�', ��'ti�;. � � I AI\ I ��d�; dtSi �'�,.'+��". ., y .:,F x ti,;:"`� . ^. �� -- Ue�„ � , L.c�i,��n. �.,_...,�<: � mi�� . -�� .„ ��`4�c' `�e�nt� , � � �' - _... � �. � ,.. , �. . � .��}g UBLIG� K � ` , ; � �,� � ;� � � , ,°� �; r ,��IY�� COMM�SSfON �-� ��IRES. , � � �� ' ,`, �� }�; �'� �;�3:� . ,�, , .;' �S�AL�)� � r � - �� .�` `� F � -" �� r�� , �� :�� , , ��a4� � .�- �� . : ��.:��, ,.. � �..� � ��. ��,��r7FrcA�r�; .�� T�I� � iT�AI_ �'?AT !S H�R�BY �iPPftOV�C� BY THE TOWN OF VAIL ADMINISTRATOR THIS ��DAY 0� r�-,��' ,�.�. 2Q�: " ,��' ��ST�� - - - - �� ,�� ; ��?��'.-�;� ..� �_. .�...�_..�..�..�_ J T0�1�N C°LERK/TOtNN OF VAI�. C�RTI�'ICA�E OF TAXES I�AID: !, THE UNDERSIGNED, DO HEREBY CEl�TIFY TNAT THE �NT1RE AMOEJ�T OF TAXES DUE AN� PAYABL� AS OF U�ON ALL PARCELS OF R L ESTATE DESCRIBED ON THIS PLAi ARE PAID IN F�ULL. �J�;T� � TH1S ,°� DAY OF' �,�. , R.�i., 2Q� .��. � � � � . � �- � �,�'�� TnL:4�UREq �OF � GLE �OU�1" , OL,�R/ADC). :� � � 1 I i � ' i � ' � ��'�.� � � �_,�... . . � . ._.._ .. .. :. �..._.._...._...�.._. .._ _.. _ .,_.._..r.. �,.�.. �E�. -Rb�j� � . � ��1'r.5�` ��d ilnm:..,- � e I�C 6 ��.. I3R . , - � - I sc.v�'--.e � ' ITE i --�—_ i � �as . a�t�! . � ' '�1�1� DR� j ��0�1�[,F I .: � � \� !� .�� , �ox� R�,r_ o��? ._.._.._.._.._.._,._.._ ._.._ ,��:� .. �......� _.._.:xg� .a ! �� i d ! i '� i � i � i � i I � � I i : � I � I L..._,._.._.._.._.._.._..i.._.._.._.........._.._.._..� I-_� V I C I N I T Y MA P_____.�._ N. T. S.�� AD�fACENT BUiLpING ;. __� � � �,. � / / � .- . , � .� �J ♦/ �— i _ y �' —; � �� r i- / , , �� LV� � _;` � ��,� � , �.: �,�-,�;� r �t :i.� . � ��r i . . . EASEMENT AGR: i2�C�P'T'TON iVO. I2ECEPTION N4, CTi+TABLE TO BET FALI.S IN HLI)G. � ; -�56 ;, - " �1 �`?�° �� ' '�`� EASEMENT AGREEi1�ENT R�CEPTIOI�F N0. 853191 REC��rzorr �ro. sa�4t� GElVERAL NOTES; �. A�L D�NIENSIO�JS SHOWN HEF2EON AR� AS ?�IEASUR�D. 2. LA�D TITL� GUARANTEE COMPAI�`Y ORDER NQ. VE�50007442-8, DAT�Q MAY 04, 2007 WAS USED il� �F-[E PREPARATIQN 0� TH1S SURVEY. 3. ALL DEGKS ARE LIMfTED COMMON ELEMEE�T� ALLOCAi�D TO 7H� ADJAC�N�' CQNDOMINII�M UNf�. �. �e��R To �a,t�� ri�� uA�AN�r�� a��c� o��E� �a. VB5aQ074-42�-8, �ATED MAY 04, 2007, �OR ALL REC�F�D�p nocu��rs. 5. �•�� DENOTES COMMQN ELEME�f�. 6. L�C•�• pENOT�S LIMiTEQ COMMON �LEME�JT. 7. TF-i� �'�JRPOSE 0� THE CONDOMINIL7M MAP iS T� CREAT� AND DEFf�IE 22 RESID�NTIAI� CQN�OME'�llUM U�lITS, FIVE (5) COMMERCfAL UNITS AND RELA�ED COMMON ELEM�I��"S, AS FURTHER DESC�IBED iN �H� LANn US� SUMMARY. 8. BASIS 0�' E��ARfNGS ARE BASED ON THE WEST L�NE OF TF-�� NQRTHWES� QUARTER OF THE NORTHWES� QUAf��R, SECTIO� 8, �' TdWNSHIP 5 SOUTH, RANG� 80 W�ST OF TFI� fiTH PR€NCIPAL M�RIDIA�1 AS NO�ED QN THE �INAL PLAT 0� SONNEI�ALP su��iv�sio� Assu�� To a�a� s o0°2�'oa" �, 9. B�NCHMA�2K iS A 2—�/2" BRASS TABLET STAMPE'D TOW�I 0� VAIL �122 AT THE 50U1"HWEST CQRNER OF VAIL ROAD AND MEADOW D�21VE. ELEVATfON P�OVIDED BY PEAK Si�RV�YING I� VA1L, C��ORADO: 8256,64. 10. TH� LAND WITHl� �H15 CONDOMINIUM MAP 15 SU�JECT Td TI�E CONDQMINiUM DECLARATION �DR ON� WILLOW �3R1DGE ROAD CONDOMINIUM TO BE RECORDED l�! THE RECORDS OF THE EAGL� COUNT`(, COLORADO CLERK AND R�CQRDER'S OFFICE CONCIiRRENTLY WI�TH T�IE RECORDING OF TH1S COI�DOMlNIUM MRP. � 1. NOTICE. ACCORDING TO COLORADO LAW YOU M�ST COMM�NC� ANY L�GAL ACTION BASED UF'aN ,�NY QEFECT IN ! I�1S SURVEY WITHII� iHREE Y�ARS A�TER YOU FlRST DISCOVER SI�CH []��ECT. IN �IO EVENT MAY ANY ACT[ON BAS�D UPON A�fY DEFECT IN TH1S SURV�I' B� CDMMENCED MORE THAN TE�I YEARS FRQM THE �ATE OF THE CERTIFICATION SHOW�i HEREON. 12. O DE�l0�E5 SE�i BRASS �iSK P�S � 8475. 13. E[_EVATiON VIEW TAKEN FROM ARCHIT�CTS PL..AN. ELEVATIQNS o� ��oa�s aR� ,accuRaT�. 1�4. COMMERCIAL Uf�ITS ARE SU�J�C`f TQ p�VELOPMEN� �1GH�S AS aEFINED IN THE DECLARATION. zo 0 ,;---.� i��cEPTION; N� , ��AY �'AS � � � �? f - - - ---�- �007�338� �A2�� 3_z�oy ir� - - -_ _ -- ___ �� __ _ 1 � i'�-'-`��- I iN� O� �'ARKING LEVEL BELOW F r2, �oo. � � .� ,;,.� � _ � � ;, : � , � �� ,� �� .; M� . �. , ��"—� 4 S��O RY �'�RM� � � }� s �- sp. 4 � �R , ', O� 3 F � � � ��D i 6.6' � � � �"�fD. 1.5° ALUM. CAP �.�..s. � 3ans� � GR�PHIC �CALF 30 20 4(7 ( IN �`EE'� ) 1 ineh = 20 ft. ' � � L-1i�25' R—��.oa' ',�� 0-90��0'23„ CHB=N37`24'57"V� CHD=106.38' �- 80 , � S�TRVEYOR S C�RTIFICAT'E: I, MARK D. SCNEAR, A R�GfSTCRED LA�lD SU�2�/�'YOR I�! THE STATE U� COLORADQ, DO FiER�BY C�f2TlFY �I-�AT TH�� CONDOMINIUM MAP U�= WILLGW �R{DG� ROAD CONDOMI�IIL�MS, p CONDpMINiUM, �S TRUE, CORR�.C7 AND C�MP�E�E AS LAID 0�1`� �ND S�OW�� -IE��.ON, TH,4� T��IS MAf' iS.��k��'P��N A LAND SURVEY �Eft�OR�1�� BY ME OR UNDE� MY DIR�CT R�S�'ONS13[LITY, SUPERV}�Ia �A�'��e�";� �,��'� . CHECKING SI�BSEQ�JEI�T T� S�BSTANiIAL COMPLETION OF THE IMPROVEM�fJTS SH01� ��E�'N TO,;`�� , TH� B�ST 0� MY KNOWL�DG� AND BELf��=, A�D �HAT THIS M,�P CONTAIf�S A�L Of��''��lnl�'�F�M�lEO,I,�I��"��;, REC�U�RED BY S�CTi�"��l '��8—��-:..�-20.9 C [� S_ ,�' � � � �° �� , � ,, � .��. ,� � ;„,m F� � s� � � � �� y � � . � � `� �, '„ � �'°' F x l S °''�'" %f " ��' � i �b � i.C� ' as ^^ ^.��. � % r w ' ,; ` � �;,,,., `t� f�,. o, � "� „� �d' z� n � i.� ��'� ° ��` �� ' `� ` - g' d` � � hati�� r` ,�7 � �, � c' MAR�K D. SC�IEA�, f'L5 1 �4?5 . . �� „� �� } ,'` � � ��°,s �� ",,,,, �,o,. ,,, � DA�� ,n�'� �, �� F4R AI�D QN BE!-EALF� OF �rIMF3ERLIN� 1.�1N[� S�RV�YING C0. p �� ' ��''.�� ;��,�°� �� `�y ��,na�7� � �� , TITLE GER`�I�'��ATF: �� LAND "i`I� L� GUAF�AN�fCE CON��ANY I�0�5 1�I�REC3Y CERTiFY ��AT TE�� TITL� TO ALL LANDS SHOWN U�pN THiS PE_AT I�AVE ��N F�XAMINED A�D IS V�ST�D IEV AND THAT TITLE TO SIJC�-I LANDS ES �R�E AI�D CL�AR OF� ALL LiEi�S AND ENCUMBRANCES. aAT� �-T-�lJ -' D 0F' � � , 2�.�' �,:,., ' BY: � � "' --- � .., . NAME: �� :� TlT��: g , � �� ' � I�AN�3 USE �UMMAR"i'': PRJPENIY TO BE llSED �C�R TW�NTY—TWO (22) DW�LLk�1G UNITS A.ND (5) FIVE COMMERCIAL UNITS EAG�-i WITH AN ADD�ESS OF QN� WILLOW BQlDGE ROAD FaLLQWED BY THElR RESPEC�"!V� �JI�IT NiJMBERS COMMERCIAL UNIT (CU) C---1, C-2, C-3, C-4 AN� C�5; RESiDE�TIAL �RAC7iQNA� OWNERSHIP UP��T (FOU) 1 1, 1 2, 21 , 22, 23, 24, 25, �1 , 32, 33, 34, 3�, ��1HOLE OWIV��S��lP UNiT (V�10�) 26, 27, 28, 36, �7, 38, 41, �2, 43, 44. �': Sr- �� V I , , � 1 1 1 � r / : � CoVER��3 ��IT�tY �/ � , �2,2° �� ` G��SS � � �� 1 ��'�� N � ZQN�NG AD�INYSTRAT(�� CE�2TZ�"�iCATE: � ACC��'T�D FOl� APPRDVAL ?N THE DEPA�TME�lT C�F' COf��.��i1TY �EVELOPME T OF THE TOWN C� VAIL AND � COUNTY CF EAGL_E, S�ATE OF G�LORAD�, AT _� 0'CL4C� M., TH15 �� DAY Q�_ �`�� , 20 c�� , AT RE��'TfQN EV �. I� BOOK AT PAGE _. � � �,� � ��9 ��,� °.. �OWN 0� VP:IL° COMMIJ�iI E`( DEVEi._O�M�h�i � �'ITLi� �;OMMxT��lTT S�HEDULE �--� �XC�PT�ON� � PER TI�'�E �OMM:ITivi�NT NO.V�350007442��, I3AT�I3 M�'�" �4�, �a�7 � WHERE P��SIBL.F TN� �OL��WING ARE SHQWN ON THiS SURVEY, OTHERS ARE NQN-�S�ECI��C � AS Ta TH�. I�OCAT�ON. � 9. R[GH�T 0� PF��PRlETOR G� A V�iN 0� LCiDE TO EXTRA,CT AND �EMOV� HfS ORE THEREFRO� � SHOU�D T�l� SAMC BE �OUND TO P�NET�ATE QR Ii�TERSECT THE PR�MIS�S AS RESERV�D 1N �.-� UNIT�D S�ATES PATENT RECORD�D ��U�.Y i�, 1899, iN BOOK 48 AT F�AGE 475. �°°'' � D. ftIGHT OF WAY F�R D1TCH�5 OR CANAL.S CONS-TF�IJCTED B'Y TH� AUTHORITY OF THE � UNITE� STATES AS �ESERV�D IN UNIT�p STATES PATENT RECORDED JU�_Y 1 1, � 899, IN B�OK L=73.7�' �i-� /�T P��'a � �-7 � . R=17C3.00� 1�. PROTECTIVE� COVENANTS OF� VAIL Vi�.�G�, �IRS? FILING, V�1HlCH DO NOT CdNTAIN A n=2�`��'�%" ��RF�{TURE OR P.EVEr��-ER CLA�JS�, B�T �MITT�NG RESTRIC�l�NS, IF ANY, �3AS�D ON RACE, c�a=so�°�o'3r'� COL�R, RE�IGION, OR N�,TI(�NAL ORf��IN, AS CONTAINE�3 IN INS�RUM�NT RECC�RD�D AUGUST 1 a, c��=��.� �' � g��, �N goo� ��- �T Pa�� 7g, 12. ��15E�EN� AND RfGH I C�F �t�AY FOR GQi�E CREEK AS IT MAY AF�ECT SUBJ�CT I�ROPERTY. � 3. �NSEMENTS, CONDITi�NS, COVENfiNTS R� S�RICTlONS, RESERVATlONS AND NO�ES �N THE PLAT Or SONNENAi�� U�3D1'JlSiON REC�RD�D OCTQB�R 9, 2003 RECEPT�ON N0. 85��91, INGLUD{NG �ASEM�NTS T� VAIL vVATE4 AND SANITATI�JN D[STRICT R�CORDED IN BOOK 197 A� PAGE �-65. 14. TERMS, CONDlTIONS AND PRQVISIONS 0� EASEMEN� AGR��M�.NT RECORDED OCTOB�R 09, 2d03 AT RECEPTIQN N0. 853 i 94 AND AM��DMENT ��H�RETO RECORDED DE C� M B� R 2 2, 2 Q� 4 ,9�'' RECEP7i0N N0. 9Q14� 6. 15. T�RMS, CONDITIONS ANQ PR�VISIONS 0� DE�IELOP�IENT AGR�EMEN� AS �ViD�NCED BY MEMORANDUM f��CORD�I� MAR�H 31 , 2004 AT RECEPTlQN N0. 872491 . 16. T�I�MS, C�NDITIC�NS AND PROVIS�ONS OF DECLARATION 0� R�CIPROGAL EASEMENTS AND GARAG� OPERATING AGRE�I��NT RECaI�DED DECEMBER 22, 2004 �EC�PTION N0. 9Q1565. 17. �ERMS, CONDITIDNS ANC� PR01IISlONS �F HOLY CRt�SS ENERGY NON—EXCLUSIVE UNDERGROUND RIGHT—OF—WAY EAS�M�NT RECQRD�D JUNE 17, 2005 AT RECEPTION �0. 9� 9657. ��, ��RMS, CONDfTIONS AND PROVISIONS OF TREN�H, �ONDUI�, AND VAULT AGREEI�ENT RECORD�D JUNE � 7, 2D�5 AT RECEPTION N0. 9� 9�60. _, , , ._ , ;._ _ � 9. TERMS, CONDfTIC��IS �`�ND PR�1�ISIQNS OF GRAN� OF �AS�M�E�TS �aR PEDESTRIAN - �- --�- ' WALK��IAYS B�Tw'�EN VAI�. D�V�R AS�QCIATES LLC AN 4RIZONA LIMITED �IABIf�ITY CC7MPANY �LERK AND RE�(�RDER'� C��T�F�CAT�: � �� ACCCPT�D F�OR R�.CORDfNG iN THE O�F10E OF THE CLERK AND RECORD�f; 0!= �]`H� TOWN OF VAIL ND cou�r OF EACLE, STA7E 0� COLORADO, AT��'C�OCK �M., TH15 DAY Q��Ga"�� %� ,� ,, �° ` 20��, AT RECEi'�10�! 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