HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT O ALPENROSE (2)ril.t coPr
MWN OFVAIL
Department of C ommunity Devel opment
75 South Frcntage Road
Yail, Colorado 81657
970-479-2 r 38
Flx 970-479-24s2
www.ci.vail.co.us
Alpen Rose Restaurant
c,/o Bonnie HaVick
P.O. Box 792
Avon, CO 81620
March 3.2007
Re: Preparation and cooking of crepes on the existing Alpen Rose decuLot 0, Block 5D, Vail Village
Filing 1
Ms. Havlick,
This letter is being sent in response to your inquiry to operate a hot plate device, which utilizes propane
to generate heat, on the existing deck of the Alpen Rose to prepare crepes. Staff has concepiually
reviewed the information provide and has the foilowing comments, which will need to be satisfactorily
addressed prior to the start of conducting the use.
o A Design Review application shall be submifted which includes a letter of approval from the
owner of the space (this may be an H.O.A.) to conduct the use. The application shall alsoinclude photos of the equipment to be used. I can help you with this portion of the application.
Staff would suggest that some sort of table cloth be uied to screen the cart from view. ln
addition, the conducting of all monetary transactions will be required to occur within the
structure of the restaurant. The exchange of money cannot occur on the deck per the Code.No additional signage will be allowed forthis use, nor shoutd any be installed or utilized.
Please contact me for assistance wjth this portion.
' Approval from the Fire Department shall be reguired as your proposat includes the use of
combustible materials on the deck (propane). The information-required to be submifted for
review by the Fire Department includes a manufacture's cut sheet for the hot plat appliance and
details on lhe size of ihe propane tank to be used. As we discussed you believe a 20 pounci
tank will likely be used. I was informed that a 20 pound tank cannbt be stored within the
structure, therefore a plan for storing the tank shall be provided. Please contact Mike McGee at
479-2135 for assistance with this portion.
' Approval from the Health inspector shall also be received. Information on the operation of thecooking on the deck will need to be submitted. Please contact Bill Carlson ai +zg-23g3 for
assistance with this oortion.
Please review these comments and contact me a1970-47g-2148if you have any questions / ,/ n//r/,
Regards' -A : ,/t*-/4';rg'/ /llr,^MlJl
Y"1lflr",""fioo"u
'
Cc: File
{g a""rotor ro
Frorn:
To:
Date:
SubJect:
Mike McGee
Bill Carlson; fire_inspetors@vailgov.com; Wanen Gampbell
03/09/200712:30:49 PM
Alpenrose Crepe
I approved the equipment and use of the propane cooking appliance on the deck upon revial of the cut
sh€ets and procedures.
CCr Fire_fficers
o o WY',?"*#L,
Design Review Board frt pr-n r, oo
ACTION FORM
Department of Community Dwelopment
. 75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.7139 faxi 970.479.2452
webr www,ci,vail,co,us
Project Name: Alpenrose Change to Apprwed Plans DRB Number: DR8050063
Proist Descdption:
CREATE WHEELCHAIR ACCESS AND FRONT ENTRY STAIR TO ALPENROSE RESTAUMNT
Participants:
OWNER DHL REAL ESTATE INVESTMENTS O2l21i2005 Phone:
PO BOX 746. AVON
co 81620
License:
APPUCANT Ted Leach 0U2U2005 Phone:949-9755
Drawer 4675
Avon, CO
Tedl@resortsconcepts,com 81620
License:
PrcrectAddr€ss: 100 E MEADOW DRVAIL Locauon:
Alpenroge Restaurant 100 E Meadow Dr #5
Legal Descriptionr Loe 0 Bbck 5D Subdivlsion: VAIL VILLAGE PLAZA CoNDO
ParcelNumber: 210108256005
Comments: seeconditions
BOAru'/STAFF ACTION
Motion By: Action: Sf,AFFAPR
Second By:Vote: Date of APPtovalt 0310212005
Conditions:
Cond:8
(PLAN): No changes to these plans may be made without the wrltten consent of Town of
Vall staff and/or the appropriate review committe{s).
CoM:0
(PLAN): DRB appronl does not aonstitute a permit for building. Please consult wlth
Town of Vail Building personnel prior to construction actlvities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Condr 202
Approval of this prcject shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
/
T01,{/AI
O lrinor Exterior .attentns
Applicaiion for Design Review
Department of Communify Development
75 South Frontage Road, Vaii, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for the particular approval that is requested. An application ior Design Review
cannot be accepted until all required information is received by the Community Development Department. Theproject may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Location of the Proposal: Lot:etock: i? subdivision:
PhysicatAddress: /00 F ,+ . 7f-
Parcel No': 1(01 OSZf fpW (contact Eagte co. Assessor at 970-32s-8640 for parcet no.)
Zonins: 6bb +6
Name(s)of owner(s): T * / €sh/e ,/ary.rsrhuak, tt<--
Mailing Address:
n mq:.#; *,ls$")^ -
Tilit-{)Otii $811.
iption gf the Request:
Owner(s) Signature(s) :
Name of Applicant:
Mailing Address:
Type of Review and Fee:
D Signs
E Conceptual Review
D New Construction
tr Addition
E Minor Alteration
(multi-family/commercial)
I Minof Alteration,/, .y'angre-ramIy/ouptex)
M Changes to Approved Plans
C Separation Request {
t/(st-^
o. 726- *
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans
Design Review Board
No Fee
already approved by Planning Staff or the
E-mail Address:o. ?26. sLfB
of t2l04l2\l04
SI
February 18,2005
To Whom It May Concern:
Regarding: Vail Village Plaza Condominium Association
This letter is to inform the Town of Vail that the Board of Directors for Vail Village Plaza
Condominium Association approves of the plan for DHL Real Estate Investnents to build the
proposed handicapped access ramp on the Vail Village Plaza property located at 100 East Meadow
Drive.
Please feel free to contact me ifyou have any questions or concerns.
Sincerely,
Agent for the Vail Village Plaza Condominium Association
100 E. Meadow Drive
Vail, CO 91657
oo
ifer Management Company
_Property Management & Leasing_
Slifer Management Company, Inc.
143 East Meadow Drive, Suite 360, Vail, Colorado 81657
Telephone: (970) 476-1063 Far (970) 476-2523
MINO R EXTERIO R ALTERATIONS
TO BUILDING AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
\
Generat fnformationl , "
This application is required for proposals involving minor exterior alterations and/or site
improvements. Proposals to add landscaping do not require DRB approval unless they involve
the addition of patios, water features , grading, or the addition of retaining walls.
ITTAL RE UIREMENTS**
tU Written approval from a condominium association, landlord, and joint owner, if. aoolicable
k/ft a Site-speciflc Geological Hazard Report, if applicable*B The Administrator and/or DRB may require the submission of additional plans,
drawings, specifications, samples and other materials (including a model) if deemed
necessary to determine whether a projecl will comply with Design Guidelines or if the
intent of the proposal is not clearly indicated.
Please submit three (3) copies of the materials noted with.an asterisk (*).
x*For interior conversions with no exterior changes, the submittal requirements include a
complete set of existing and proposed floor plans, a title report, and written approval from a
condominium association, landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:
t --7--4V-- /,/'Contractor Signature (-'z, t - 4- "
Date Signed
Department of Commwity Development
75 South Frcntage Road
Vail, Colorado 81657
970-479-2 r 38
FAX 970-479-2452
www,ci,vail,co.tu
Alpen Rose Restaurant
c/o Bonnie Havlick
P.O. Box 792
Avon, GO 81620
March 3, 2007
This letter is being sent in response to your inquiry to operate a hot plate device, which utilizes propane
to generate heat, on the existing decti of ths Alpen Rose to prepare crepes. Staff has conceptually
reviewed the information provide and has the following comments, which will need to be satisfactorily
addressed prior to the start of conducting the use.
r A Design Review application shall be submitted which includes a letter of approval frorn the
owner of the space (this may be an H.O.A.) to conduct the use. The application sh.all also
include photos of the'equipm6nt to be used. I can help you with this portion of the application.
Staff would suggest that iome sort of table cloth be used to screen the cart from view. In
addition, the conducting of all monetary transactions will be required to occur within the
structure of the restaura-nt. The exchange of money cannot occur on the deck per the Code.
No additional signage will be allowed for this use, nor should any be installed or utilized.
Please contact me for assistance with this portion.
. Approval from the Fire Department shall be required as your proposal. includes the. use of
combustible materials on the deck (propane). The information required to be submitted for
review by the Fire Department includiis a manufacture's cut sheet for the hot plat appliance and
detaits oh the size of the propane tank to be used. As we discussed you believe a 20 pound
trank will likely be used. I was informed that a 20 pound tank cannot be stored within the
structure, theiefore a plan for storing the tank shall be provided. Please contact Mike McGee at
479-2135 for assistance with this portion.
r Approval from the Health inspector shall also be received. Information on the operation of the
c66t<ing on the deck will need to be submitted. Please contact Bill Carlson at 47$2333 for
assistance with this Portion.
Pfease review these comments and contact me at 970-479-2148 if you have any questions.
Re: Preparation and cooking of crepes on the existing Alpen Rose
". ff sDD # 6 Ua;l U;11," Tnn
Warren Campbell
Cc: File
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Design Review Board
ACTIOITI F0tl-l
Department of Commurity Development
?5 9outh Frontage Road, Vail, Colsradp 81.657
tel: 970.479.1139 fax:970.479.2452
ureb: rr*ww, v*!tgoucotn
Project Name: ALPENROSE SIGN
Proiect Description:
DRBNumber: DR8050624
FINAL APPROVAL FOR AN DflERIOR SIGN AT THE ALPENROSE RESTAUMNT-SAME FOR SAME
Pafticipants:
owNER SIAUFER COMMERCTAL LLC LrlZgl2OOs
1OO E MEADOW DR
VAIL' co 81657
APPUCANT BONNIE HAVUK
PO BOX 792
AVON
co 81620
Prcject Address: 100 E MEADOW DR VAIL
IL12912005 Phone: 390-2111
Location:
ATPENROSE RESTAUMNT
Legal Descdption: lot: M Blodc 5D Subdlvision: Vail Village Filing 1
Parcel Number: 2101-082-6100-5
' Comments: Same-for-same
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approvalz I2l t212005
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is dillgently pursued toward completion.
Cond: CON000Z64
That any proposed nar lighting meet the requirements of l"itle 12 at the time of
installation.
Planner: Matt Gennett DRB Fee Paid: S5O.O0
1
r0t4,Nm
Sign Application for Design Review
Department of Community Development
75 South Fronbge Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projecE requiring design review must receive approval prior to submitting a building permit application, please
refer to.the submittal requiremenb for the particulai approval that is requesied. en a-pptication ior Design Review
cannot be accepted until all required information is received by the Community Development Departmlnt, Theproject may also need to be reviewed by the To,nn Courrcil and/or the Ptanning and Environmental Commission.
Design review approval lapses unless a buitding permit is.issued and construction oommences within
one year of the approval.
Location of the Proposal: Lot: Block:_ Subdivision:
Physical Address:
Parcel No.:
9P
@(Contact Eagle Co. Assessor at 970-328-8640 for parcel no,)
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:o
6*
AJ
v-c$6s0
$300
$2s0
$20
q*u'
fu!-
+4FSigns
E Cnnceptual Review
g Plus$1.00 persguarefootof total sign area.
No Fee
For constructon of a new building or @mo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions),
For minor changes to buildings and site improvemenE, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For minor changes to buildings and site improvemenb, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revislons to plans already approved by Planning Sbff or the
Design Revielr, Board.
No Fee
n
tr
n
tr
tr
New Construction
Addition
Minor Alteration
(multi-family/commercial)
Minor Alteration
(singlefamily/d uplex)
Changes to Apprwed Plans
Separation Request
Type of Review and Fee:
rOI4'Nffi
SUBMITTAL REQUIREMENTS
General Information
This application is for any sign that is located within the Town of Vail. specific requirements are available from the
Department of Community Development.
I. SUBMITTAL REQUIREMENTS
A.
6.
c.
D.
Written approval from condominium assochuon, landlord, and joint owner, if applicable.
Type of sign (check all that apply):
q Freesianding Sign
OWall Sion
'ffiangini 7 ProJecting Sign
frisplay Box
Edaily Special Board
trJoint Directory Sign
D Building ldentification
n Mural
E Window Sign
n Sign Program
tr Gas Fllled/Flber Optic
n Temporary Sign
E,
F.
H.
l.
J.
K.
L
Sign message:
Sign and lettering dimensions for each proposed sign (attach a mlored scaled schematlc drawing €)
Vq" = l):
Length of business frontage:
Height of sign(s) from grade:
Sign Location (attach a site plan and an elevation drawing or a photograph clearly indicating the
proposed location of sign(s)):_
Materials and colors of sign (attach samples):
Sign lighting plan:
E tnOicate type, location and number of fixtures.
E Include height above grade, lumens ouFut, lumlnous area.
O attach a cut sheet for each proposed fixture.6P,n*t
M.
N.
Drawings showing how and where the slgn or awning will attach to the building and how the awning
wlll be constructed,
The Mministrator and/or DRB may r€qulre the submission of addltional plans, drawhgs,
sp€cifications, samples and other mat€rials (including a model) lf deemed necessary to determine
whether a poect will comply with Design Guidelines or if the intent of $e proposal ls not clearly
indicated.
I have raad and understand the above listed submittal
TOI4'NM
JOINT PROPERTY OWNER
WRITTEN APPROVAL TETTER
I, (print name)a joint owner of property located at (
description)
provide this letter as written approval of the plans dated which have
been submitted to the Town of Vail Community Development Department for the proposed improvements
to be completed at the address noted above. I undersland that the proposed improvements include:
I further understand that minor modifications may be made to the plans over the course of the review
process to ensure compliance with the Town's applicable codes and regulations.
address/legal
CD
tt f:r/r S-
. (Dare) | /
Page 2 of 4/04/28/04
84/22/29A3 09:55 978476498r FPS
100 East Meadow.Dr.ive #31
Vail, Colorado 8J657
PAGE A2
' Staufer Comm-ertial, L. L.'c.
.Phrne (970) 476-5450 Fax (970) 476.5461
'ftinarJ rh l8t Ftt $ir|. .ty{ad
Department of Community Dnelopmmt
75 South Frontage Road
Vail, Colnrado 81657
970-479-2138
FAX 970-479-2452
unauuailgou corn
December 3, 2008
ClaggeVRey Galleries
c/o Ray Duncan
100 East Meadow Drive, Bldg. 10
Vail, CO 81657
Re: Sale of parking spaces within Vail Village Inn located at 100 East Meadow
Drive/Lots M and O, Block 5D, VailVillage Filing 1
Mr. Duncan,
This letter is being sent in response to your request for a letter from the Town confirming
the ability for Mr. Prado to sell parking spaces which he owns within the Vail Village Inn
development to ClaggeURey Galleries. In our previous discussion we have spoken
about the parking shortage within the Vail Village Inn development due to the past sale
of parking to individuals outside of the ownership within the development, We have
several cases of commercial tenants and condominiums which do not have the required
parking associated with them as they were sold off separately in the past. We have
discussed that this practice was not permitted under the Town regulations nor was it
beneficial to the long term viability of the development. ln the past several years the
Town and ownership within the development has been working to rectify this with each
project.
With that said, Staff is in support of the sale of parking spaces from Mr. Prado to Ray
Duncan, a partner in Clagget/Rey Galleries, so long as these spaces do not serve as a
part of the required parking for any commercial or residential spaces owned by Mr.
Prado in the development. The only requirement the Town will place upon this sale is
that all ten (10) purchased parking spaces need to have deeds associated with each
space limiting the sale of those spaces in the future to only owners of commercial or
residential properties within any phase of SDD No. 6, Vail Village Inn. Theses
documents shall be recorded with Eagle County. This requirement will insure that the
required parking for the development will remain a part of each space and not sold off
separately.
Please review these comments and contact me at 970-479-2148 if you have any
questions. I look forward to working with you to accomplish this goal of the Town and
yourself.
Jild;,e,"d,lt
{p rtn uo e^rm
Cc: File
l\
Planning and Environmental Commission
n'',{;','&1"t,
ACTION FORM
Departnent of Oommunity Devdopment
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fa><l 970.479.2452
web: www.ci.vail.co.us
ProjectNamer ALPENROSEPLATREVIEW PECNumber: PEC050024
Proied Descriptlon:
PI.AT REVIEW
Pafticipants:
owNER FRICKE, EDNA N. &C|-AUS W.lu13l28l2005
PO BOX 1557
EAGLE CO
81631-1557
APPUCANT Ted leach O3l28l2W5 Phone: 949-9755
Dmwer 21575
Avon, CO
Tedl@resortsoncepts.com 81520
ProjectAddress: 100 E MEADOW DRVAIL Location:
Alpenrose Restaurant 100 E Meadow Dr #5
Legal Descriptiont Lot: 0 Block: 5D Subdivlslon: VAIL VIL|AGE PLAZA CONDO
Parcel Number: 2101-082-5600-5
Comments: seeconditions
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:Voter DateofApprovalz 0711412005
CondiUons:
Cond: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Matt Gennett PEC Fee Paid: $100.00
\
APPLICATION FOR
CONDOMINIUM/TOWNHOUSE PLAT REVIEW
(flTLE 13 Vail Municipal Code)
(please print or type)
A.APPLICANT ltL
MAILING ADDRESS
PHINE f7()- ft76- o(oz--
L|/t./"14vulh"44/fT LOt--
?/( ez-
T,3tf -* f, :1,1. r : i:. v,
B.APPLICANT'SREPRESENTATIVE -TV/( LU,/.
MAILING ADDRESjS flU.fiaX Lr|f Z/,4/4./r
PHONE
c.PROPERW-OWNER /-(.-c-
OWNER'S SIGMruRE 4
PHONE
MAILING ADDRESS
D.LOCATION OF PROPOSAL:
STREETADDRESS
Lor D BLocK tD su'DrvrsroN tht Ul. Pao cd"o
E.
F.
pARcEL ,o. ?aro t I z{ (o{
,contacr Eagte co Assessor 328{640)
.oo pND qeo cHEcK # pxo ,*=tW
MATERIALS TO BE SUBMITTED:
1. Two mylar copies and one paper copy of the subdivision plat shall be
submitted to the Department of Community Development. The plat shall
include a site map with the following requirements:
a. The final plat shall be drawn by a registered surveyor in India ink, or
other substantial solution, on a reproducible medium (preferably
mylar) with dimension of twenty-four by thirty-six inches and shall be
at a scale of one hundred feet to one inch or larger with margins of
one and one.half to two inches on the left and one-half inch on all
other sides.
b. Accurate dimensions to the nearest one-hundredth of -a foot for all
lines, angles and curves used to describe boundaries, streets,
setbacks, alleys, easements, structures, areas to be reserved or
dedicated for public or common uses and other important features. All
curves shall be circular arcs and shall be defined by the radius,
?duoltd i3 Psco roozY
Planning and Envilonmental Commission
ACTION FORM
Departnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxj. 970.479.2452
web: www.ci.vail,co.us
Project Name: Alpenrose Major Amend SDD pEG Number: PEC030O2O
Project Descrlption:
Restaurant addition and conveft restaurant upper levels into single family dwelling
Pafticipants:
OWNER FRICKE, EDNA N. & CI-AUS W.lu03l24lZoo3 phone:
PO BOX 1ss7
EAGTE CO
81631-1s57
License:
APPLICANT Ted Leactr O3lZ4lZW3 phone: 949-9755
Drawer 4675
Avon, CO
Tedl@resortsconcepts.com 81620
License:
PrcJectAddress! 1o0EMEADOWDRVAIL Locauon:
Alpenrose Resburant lfi) E Meadow Dr #5
Legal Description: lok 0 Block: 5D Subdivision: VAIL VIL|-AGE PLAZA CONDO
Parael l{umber: 210108256005
Comments:
BOARD/STAFF ACIION
Motion By: Action: APPROVED
Second By:vote: Date of Approval= osllzlz0f'3
CondiUons:
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Matt Gennett PEC Fee paid: 96,000.00
T0t,l,i\,ffi
Rezoning $1300
Major Subdivision $1500
Minor Subdivision $650
Exemption Plat $650
Minor Amendment to an SDD $1000
New Special Development District $6000
Major Amendment to an SDD $6000
Major Amendment to an SDD $1250
(no exterior modifications)
Description of the Reguest:
Location ofthe Proposal: Lot:
Application for Review by the
TOhft or.
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax:. 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requiremenb for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot tr+iqceDted until all required information
is received by the community Development Department. The project rdlltlbdftqriEts plf.r,rrpfl-ry the Town
Council and/or the Design Review Board.
Type of Application and Fee:
tr
tr
tr
tr
trfl
D<t
tr
n
tr
D
D
tr
tr
o
o
o
Subdivision:(?,t,l,p()
Conditional Use
ilffi8il
Physical Address:
Parcel No.:(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address: fu*we&
e4 tu30
frrrt
E-mail Address:
Page I of7-01/18/02
I
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town Council
Community Development Department
December 2.2OO3
A first reading of Ordinance No. 32, Series 2003, to adopt a revised
Approved Development Plan for Special Development District No. 6, Vail
Village Inn, Phase 1, to allow for modifications to the existing Alpenrose
restaurant, and setting forth details in regard thereto.
Applicant:
Planner:
The Town of Vail
Matt Gennett
BACKGROUND
On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously
approved the applicant's proposal, with one condition related to parking for the new
residential unit, which the applicant has met.
On July 15,2003, the Design Review Board unanimously approved the applicant's
proposal.
II. DESCRIPTION
The applicant, Ted Leach, represented by Fritzlen Pierce Architects, has proposed a
major amendment to SDD No. 6, Vail Village Inn, Phase l, to allow lor 2,132 sq ft of
GRFA for a new residence to be located above the existing Alpenrose Restaurant. The
proposal calls for taking a portion of existing restaurant space, located on the second
floor of the restaurant, and making it part of the new proposed residence.
The total GRFA for Phase l, with the approval of this amendment, would increase from
3,927 sq ft to 6,059 sq ft. All other zoning standards, such as setbacks, building height,
and site coverage, are to remain the same as existing. With the reduction of
approximately 700 sq ft of restaurant space while retaining the same seating capacity,
and the addition ot a 2,132 sq ft residence that is nonexistent today, two deed restricted
parking spaces dedicated to the new unit have been secured to meet the PEC's
condition of approval. A letter dated June 16'n, 2003, clarifying the one PEC condition of
approval, has been attached for reference.
t
June 16,2003
Bill Pierce
Fritzlen Pierce Architects
1650 E. Vail Valley Drive
Fallridge C-1
Vail, CO 81657
RE: Alpenrose PEC Condition of Approval
Dear Bill,
The following is a summary of staff s interpretation of the intent behind the PEC's
condition of approval for the Alpenrose Major Amendment to an SDD application heard
on June 9,2003:
.l. The condition is intended to ensure that the new residence proposed above the
Alpenrose will have two parking spaces deeded, or otherwise dedicated in an
inseparable manner, as part ofthe property which cannot be sold separately at any
point in the future.
* The applicant is not responsible for increasing the total number ofparking spaces
for the entire SDD, but only for securing the exclusive rights to two parking
spaces for the proposed, new residence.
* The applicant can meet the condition by demonstrating, in writing, that ownership
oftwo parking spaces has been secured for the exclusive rights ofthe owner(s) of
the proposed residence, in perpetuity.
If you have any questions or comments, please feel free to contact me directly at
(970) 479-2140.
Sincerely,
Matthew R. Gennett
Town Plamrer
Town of Vail
t1
ORDINANCE NO.32
Series of 2003
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR
MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT
ABOVE THE RESTAURANT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, amendments to a Special Development District are permitted pursuant to
parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on June 9, 2003, to consider the proposed amendment in accordance with the
provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation
of approval to the Town Council of the Town of Vail based on the criteria and findings presented
in the staff memorandum: and
WHEREAS, the Design Review Board of the Town of Vail held a public hearing on July
15, 2003, to consider the related design review application in accordance with the provisions of
the Town Code of the Town of Vail and voted unanimously to approve the application, and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, Vail Village Inn, Phase 1, complies with the review criteria outlined in
Section 12-9,4-8 of the Vail Town Code and that the applicant has demonstrated that any
adverse effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the
appropriate parties; and
Ordinance No. 32. Series 2003
ft
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the proposed amendments to Special Development District No. 6,
Vail Village Inn, Phase 1.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 32, Series of 2003, is to amend the Approved Development Plan for
Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of
Chapter 12-94-1 0 of the Vail Town Code. The "underlying" zone district for Special Development
District No. 6 shall remain as the Public Accommodation (PA) zone district.
Section 2. Establishment Procedures Fulfilled. Planninq Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been
fulfilled and the Vail Town Council has received the recommendation of approval from the
Planning & Environmental Commission for the major amendment to Special Development
District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development
district follow the procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3- Special Development District No. 6
Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure
comprehensive development and use of the area in a manner that would be harmonious with the
general character of the Town, provide adequate open space and recreation amenities, and
promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special
2Ordinance No. 32, Series 2003
Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been amended because there are significant aspects of the Special Development District that
cannot be satisfied through the imposition of the standard Public Accommodation zone district
requirements.
Section 4. Development Standards. Special Development No. 6 Vail Villaqe Inn. Phase I
Development Plan -
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1,
shall include the following plans and materials prepared by FriElen Pierce Architects, dated May 27 ,
2003, and stamped approved by the Town of Vail, dated June 9, 2003:
a. 4200. Lower Level Plan
b. ,4201. Levels 1& 2, Floor Plan
c. 4202. Level 3 Floor Plan
d. 4203. Levels 4 & 5 Floor Plan
e. 4204. Roof Plan
f. 4301. North & South Building Elevations
S. 4302. East & West Building Elevations
h. A401. Longitudinal Building Sections
Ordinance No. 32, Series 2003
Densitv-Number of Units -
The number of units permitted in Special Development Distdct No. 6, Vail Village lnn, Phase 1 , shall
not exceed the following:
Dwelling Units - ?
Densitv - Gross Residential Floor Area -
The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the
following:
GRFA-6,100 Square Feet
DensiW - Commercial Floor Area -
The total commercial square footage units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, shall not exceed the following:
Commercial Square Footage - 15,430 Square Feet
Parkinq and Loadinq -
The total number of parking spaces required in Special Development District No. 6, Vail Village Inn,
Phase 1, shall include two, off-site, deed restricted parking spaces for the new residential dwelling
unit located on the levels four and five above the restaurant use. as shown on the olans.
Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless ofthe fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 6. The amendment of any provision of the Town Code as provided in this ordinance
Ordinance No. 32. Series 2003
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, nor any other aclion or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereol inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLfSHED ONCE lN FULL ON FIRST READING this Znd day of December, 2003 and a public
hearing for second reading of this Ordinance set for the 16h day of December, 2003, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 32, Series 2003
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of
December,2003.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
6Ordinance No. 32, Series 2003
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 9, 2003
A request for a recommendation to the Vail Town Council for a major amendment to
Special Development District No. 6 (SDD No. 6), pursuantto Section 12-94-10, Vail
Town Code, to allow for an addition and alteration to the Alpenrose restaurant that
incfudes the addition o'f 2,132 sq ft of residential GRFA to Special Development
District No. 6, located at 1 00 E. Meadow Drive, Lot 0, Block 5E, Vail Village 1" Filing.
Applicant: Ted Leach, represented by David Baum of Fritzlen PiercePlanner: Matt Gennett
il.
SUMMARY
The applicant's proposal is to convert 700 sq ft of commercial, restaurant space into GRFA,
and add an additional 1,432 of GRFA and gross square footage to SDD No. 6 to create a
residential dwelling unit above the Alpenrose restaurant space (totaling 2,132 sq ft of new
GRFA). SDD No. 6 is comprised of 3.45 acres and consists of five phases of development
in the form of the Vail Village Inn. Staff is recommending approval with conditions of the
applicant's proposal, based on the criteria established in section lX of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Ted Leach, represented by David Baum of Fritzlen Pierce, is requesting a
major amendment to SDD No. 6, Vail Village Inn, Phase l, to allowfor 2,132 sq ft of GRFA
for a new residence to be located above the existing Alpenrose Restaurant. The proposal
calls for taking a portion of existing restaurant space, located on the second floor of the
restaurant, and making it part of the new proposed residence, which will encompass a
modified third floor as well. The applicant is proposing an increase in dwelling units (DU)
per acre for SDD No. 6 from an existing 12.75 DU per acre to 13 DU per acre. lf approved,
the total GRFA of SDD No. 6 would increase 2,132 sq ft, from 182,325 square feet to
184,457 square feet, in the form of Unit 5, the proposed new residence. The total GRFA for
Phase l, with the approval of this proposal, would increase from 3,927 sq ft to 6,059 sq ft.
All otherzoning standards, such as setbacks and site coverage, are proposed to remain the
same as existing. With the reduction of approximately 700 sq ft of restaurant space while
retaining the same seating capacity, and the addition of a 2,132 sq ft residence that is
nonexistent today, the location and number of parking spaces must be enumerated.
BACKGROUND
ln 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing
Special Development District No. 6 (SDD No. 6), Vail Village Inn. The purpose of SDD No.
6 is to assure the comprehensive development and use of an area of land in a manner that
l[.
would be harmonious with the general character of the town, provide adequate open space
and recreation amenities, and promote the objectives of the zoning ordinance of the town.
Ordinarily, a special development district will be created only when the development is
regarded as complementary to the town by the Town Council, Planning and Environmental
Commission, and Design Review Board, and there are significant aspects of the
development which cannot be satisfied under the existing zoning.
Project History
The following is a summary of the existing phases and development for the Vail
Village Inn Special Development District (SDD No. 6):
Phase l- This phase consists ofthe buildings located atthe southeast corner ofthe
District. Phase I includes one residential dwelling unit approximately 3,927 square
feet in size and nine commercial/retail spaces. The original development plan for
Phase I called for 16,128 square feet of commercial space, and no GRFA. The
Alpenrose Restaurant is part of Phase l.
Phase ll - This phase consists of three residential dwelling units totaling
approximately 3,492 square feet in size and three commercial/retail spaces. Phase
ll is generally located in the center of the District.
Phase lll - This Phase consists of twenty-nine residential dwelling units totaling
approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll
is located at the northeast corner of the Dishict.
Phase lV - This is the original and oldest Phase in the District. This Phase consists
of one residential dwelling unit approximately 5,000 square feet in size and seventy-
two accommodation units comprising approximately 16,585 square feet of floor area.
Phase lV is generally located in the northwest corner of the District.
Phase V - This Phase consists of eleven residential dwelling units and three
accommodation units totaling approximately 9,972 square feet of floor area and four
commercial/retail spaces. Phase V is located in the southwest corner of the District
at the intersection of Vail Road and East Meadow Drive.
Ordinance No. 1, Series of 1985 (March, 1985) granted 120,600 square feet of GRFA to
SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs)
and72,400 squale feet of GRFA, devoted entirely to AUs in Phase lV.
Ordinance No. 14, Series of 1987 (May, 1987), amended Phase lV of SDD No. 6. The
amendment allowed Phase lV to be broken into two distinct and separate phases, which
were called Phase lV and Phase V. This ordinance also set the maximum GRFA for the
SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and
67,367 square feet of GRFA devoted to AUs in Phases lV and V.
Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD
No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of
124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail
tv.
Village Plaza Gondominiums to be converted from commercial to residential use. The
space consists of 3,927 square feet of GRFA, and the conversion to residential use
has been completed. This ordinance also maintained the approval for a minimum of 148
AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases lV and V of SDD No. 6.
ln 2000, a major amendment to Special Development District No. 6 was approved to allow
for the redevelopment of the Vail Village Inn.
Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase
lf , which brought the total allowable GRFA for the entire SDD No. 6lo 121o/o, or '182,325
square feet.
Ordinance No. 21, Series of 2001 adopted a revised Approved Development Plan for Phase
lV, and did not specify, in the form of a revised Approved Development Plan, the total
allowable GRFA for the entirety of SDD No. 6.
ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB forcompliance of proposed buildings and site planning,
and final approval by the Town Council.
Planninq and Environmental Commission:
Action: The PEC is advisorv to the Town Council.
The PEC shall review the proposal for and make a recommendation to the Town Council on
the following:
. Permitted, accessory, and conditional uses. Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Gompliancewith parking and loading requirements as outlined
in Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
- Recommendation on development standards including, lot area, site dimensions,
setbacks, height, density control, site coverages, landscaping and parking.
Desion Review Board:
Action: The DRB has NO review authoritv on a SDD proposal. but must review anv
accompanyino DRB application The DRB review of an SDD priorto Town Council aporoval
is purelv advisorv in nature.
The DRB is responsible for evaluating the DRB proposal:- Architectural compatibility with other structures, the land and surroundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability of building materials and colors- Acceptability of roof elements, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting- Compliance with the architectural design guidelines of applicable master plans.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided and plans
conform to the technical requirements of the Zoning Regulations. The staff also advises the
applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates the
review process.
Town Council:
Action: The Town Council is responsible for final aporoval/denial of an SDD.
The Town Council shall review the proposal for the following:
Permitted, accessory, and conditional uses
Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements as outlined in
Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in orderto optimize
and preserve natural features, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special development district.
- Approval of development standards including, lot area, site dimensions, setbacks,
height, density control, site coverages, landscaping and parking.
Town Council:
Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town
Council evaluates whether or not the PEC or DRB erred with approvals or denials and can
uphold, uphold with modifications, or overturn the board's decision.
V. APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18,
1986. The plan is intended to serve as a basis from which future decisions may be
made regarding land use within the valley. The primary focus of the Vail Land Use
Plan is to address the long-term needs and desires of the Town as it matures. The
Town of Vail has evolved from a small ski resort founded in 1962 with approximately
190,000 annual skiervisits and virtually no permanent residentsto a communitywith
4,500 permanent residents. The Town is faced with the challenge of creatively
accommodating the increase in permanent residency as well as the increase in skier
visits, while preserving the important qualities that have made Vail successful. This
is a considerable challenge, given the fact that land within the valley is a well-defined
finite resource, with much of the land already developed at this juncture. The Vail
Land Use Plan was undertaken with the goal of addressing this challenge in mind.
A secondary purpose of the Vail Land Use Plan was to analyze a series of properties
owned by the Town of Vail, to determine their suitability for various types of
community facilities.
The goals articulated in the plan reflect the desires of the citizenry. The goal
statements that were developed reflect a general consensus of the comments
shared at public meetings. The goals contained in the Vail Land Use Plan are to be
used as the Town's adopted policy guidelines in the review process for new
development proposals. Staff has reviewed the Vail Land Use Plan and believes the
following policies are relevant to the review of this proposal:
1.0 GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/TouristConcerns
The community should emphasize its role as a destination resort
while accommodating day skiers.
The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more efficiently.
2.1
z.z
2.3 The ski area owner, the business community and the Town leaders
should work together to improve facilities for day skiers.2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.O Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the
Core areas needs to be carefully controlled to facilitate access and
delivery.
4.2 lncreased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
4.4 The connection between the Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover
b. lmproving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to limit commercial uses.
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.2 Qualily time-share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pacewith the marketplace demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision to the adopted Town of
Vail Skeetscape Master Plan. The original Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give
guidance to the overall physical development for the Village. In addition to providing
broad design guidelines, the Guide Plan suggested specific physical improvements
for the Village. lmprovements such as new plazas, new landscape area, etc. Along
with the construction of these public improvements included proposals to complete
numerous private sector improvements. lmprovements such as building additions
outdoor deck expansions, and fagade improvements. The Streetscape Master Plan
was written in part to provide clear design direction for coordinated public/private
improvements. According to the Master Plan, the purpose of the plan is to provide a
comprehensive and coordinated conceptual design for streetscape improvements
that:
f . is supported by the community;
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order
to create an excellent pedestrian experience.
Town of Vail Zoninq Requlations
Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code).
We believe the following code sections are relevant to the review of the applicant s
request:
Section 1 2-2-2 DEFINITIONS:
DWELLING UNIT: Any room or group of rooms in a two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit. A dwelling unit in a multiple-family building
may include one aftached accommodation unit no largerthan one-third (1/3)
of the total floor area of the dwelling.
Article 12-7A. PUBLIC ACCOMMODATION (PA) DISTRICT
12-74-1: PURPOSE:
The Public Accommodation District is intended to provide sltes for /odges
and residential accommodations for wsifors, together with such public and
se m i p u b I ic f aci I iti e s a n d I i m ited p rofe ssion al office s, med i cal facil itie s, pivate
recreation, commerciaUretail and related visitor-oiented uses as may
appropiately be located within the same distict and compatible with
adjacent land uses. Ihe Public Accommodation District is intended to ensure
adeguate light, air, open space, and other amenities commensurate with
/odge useg and to maintain the desirable resort qualities of the Distict by
establishing appropiate srte development sfandards. Additional
nonresidential uses are permifted 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
Distict.
1 2-74-2: PERMITTED USES:
The following uses sha// be permifted in the PA Distict:
Lodges, including accessory eating, drinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of
the total gross residential floor area of the main structure or structures on the
site; additional accessory dining areas may be located on an outdoor deck,
porch, orterrace.
1 2-7 A-3 : CO N D lT I O N AL USES:
The following conditional uses shall be permifted in the PA Distict, subject to
issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast, as futlher regulated by Sectrbn 1 2-1 4-1 I of this
Title.
Churches.
Fractional fee club as further regulated by subsection 12-1&.647 of
this Title.
Hospitals, medical and dental clinics, and medical centers.
Major arcade, so long as ft does not have any exteior frontage on
any public way, street, walkway, or mall area.
Private clubs and civic, cultural and fraternal organizations.
Professional and business offices.
Public buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public or pivate schools.
Public park and recreational facilities.
P u b I ic tran sportati o n te rm i n al s.
Public utility and public seryice uses.
Ski /lfts and tows.
The ate rs a nd conve ntion faci I ities.
Type lll employee housing units as provided in Chapter 13 of this
Title.
1 2-7 A-4 : A CCESSORy USES:
The following accessory uses sha// be permitted in the PA District:
Home occupationg subT'ect to issuance of a home occupation permit in
accordance with the provisions of Section 12-1+12 of this Title.
Meeting rooms.
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities
customaily incidental to permitted lodge uses.
Olher uses customarily incidental and accessory to permifted or
conditional uses, and necessary forthe operation thereof.
12-74-5: LOT AREAAND SITE DIMENS/ONS.'
The minimum lot or site area shall be ten thousand (10,000) square feet of
buildable area and each site shall have a minimum frontage of thirty feet
(30'). Each slte sha// be of a size and shape capable of enclosing a sguare
area eighty feet (80') on each side within its boundaries.
12-74-6: SEIBACKS:
ln the PA District, the minimum front setback shall be twenty feet (20'), the
minimum srde sefback 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
fhe sefback sta ndards outlined above may be approved during the review of
exteior altemations or modifications (Secflon 12-7A-12 of this Atticle)
subjectto the applicant demonstrating compliance with the following criteia:
A. Proposed building sefbacks provide necessary separation
between buildings and riparian areas, geologically sensitive
areas and other environmentally sensitive areas.B. Proposed building sefbacks co mply with applicable elements
of the Vail Village Urban Design Guide Plan and Design
Considerations.C. Proposed building sefbacks will provide adequate availability
of light, air and open space.D. Proposed building sefbacks will provide a compatible
relationship with buildings and uses on adjacent properties.E. Proposed building sefbacks will result in creative design
solutions or other public benefits that could not othenaise be
achieved by conformance with prescibed setback standards.
12-74-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed fofi
five feet (45'). For a sloping roof, the height of buildings shall not exceed forty
eight feet (48').
1 2-74-8: DENSITY CONTROL:
10
Up to one hundred fW fl50) square feet of gross residential floor area
(GRFA) may be permifted for each one hundred (100) square feet of
buildable site area. Final determination of allowable gross residential floor
area shall be made by the Planning and Environmental Commission in
accordancewith Section 12-74-12of thisArticle. Specifically, indetermining
allowable gross resrdential floor area the Planning and Environmental
Commrssrbn s hall make a finding that prcposed gross re sidential floor area is
in conformance with applicable elements of the Vail Village Uhan Design
Guide Plan and Design Considerations. Total density shall not exceed
twenty five (25) dwelling units per acre of buildable site area. For the
purposes of calculating density, employee housing units, accommodation
units and fractional fee club units shall not be counted towards density.
1 2-74-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (650/o) of the total site area.
Final determination of allowable site coverage shall be made by the Planning
and Environmental Commission and/or the Design Review Board in
accordance with Section 12-74-12 of this Article. Specifically, in determining
allowable site coverage the Planning and Environmental Commission and/or
the Design Review Board shall make a finding that proposed site e,overage is
in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations.
12-74-10: LANDSCAPING AND SITE DEVELOPMENT:
At least thirty percent (30%o) of the total site area shall be landscaped. The
minimum width and length of any area qualifying as landscaping shall be
fifteen feet (15) with a minimum area not less than three hundrcd (300)
square feet.
12-74-11: PARKING AND LOADTNG:
Off-street parking and loading shall be prcvided in accordance with Chapter
1O of this Title. 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 parking and short-term guest loading and drop-off shall be
permitted in the required front setback subject to the approval of the
Planning and Environmental Commission and/orthe Design Review Board.
1 2-7 A-1 2 : EXT E R I O R ALT ERN AT I O N S O R MO D I F ICA I/ONS:A. Review Required: 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) sguare feet of
commercial floor area or common space, or any project which has
substantial off-site impacts (as determined by the Administrator) shall be
reviewed by the Planning and Environmental Commission as a majorexterior
alteration in accordance with this Chapter and Secflon 12-3-6 of this Title.
Complete applications for major exterior alterations shall be submitted in
accordance with administrative schedules developed by the Depaftment of
Community Development for Planning and Environmental Commission and
Design Review Board review. The following submittal items are required:
1 2-74-1 3: COMPLIANCE BURDEN :
It 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 Boad that the proposed exteior alteration or new
development is in compliance with the purposes of the Public
Acco m m od ation Zo n e D i st rict, th at th e p roposal rs consiste nt with a p p I i ca b le
elements of the Vail Village Master Plan, the Vail Village Urban Design
Guide Plan and the Val Sfreefscape Master Plan, and that the proposal
does not othenwise have a significant negative effect on the character of the
neighborhood, and that the proposal substantially complies with other
appticable elements of the Vail Comprehensive Plan.
12-74-14: MITIGATION OF DEVELOPMENT IMPACTS:
Propefty owner{developers sha// also be responsible for mitigating direct
impacts of their development on public infrastructure and in a// cases
mitigation shall bear a reasonable relation to the development impacts.
lmpacts may be determined based on reports prepared by qualified
consu/tanfs. The extent of mitigation and public amenity improvements shall
be balanced with the goals of redevelopment and will be determined by the
Planning and Environmental Commission in reviewof development projects
and conditional use permits. Substantial off-site impacts may include, but are
not limited to, the following: deed restricted employee housing, roadway
improvements, pedestrian walkway improvements, sfreefscape
improvements, stream tracUbank restoration, loading/delivery, public aft
improvements, and similar improvements. The intent of this Section is to only
require mitigation for large scale redevelopmenUdevelopment ptojects which
produce substantial off-site impacts.
12-7A-15: ADD|T|ON OF GROSS RESIDENTIAL FLOOR AREA TO
EXISTING PA PROPERTI ES:
For any gross residential floor area added to a Public Accommodation zoned
propefty following the effective date hereof, a minimum of seventy percent
(70%) of the added gross resrdential floor area shall be devoted to
accommodation units, or fractional fee club units subject to the issuance of a
conditional use permit. This limitation shall not apply fo gross resrde ntial floor
area being added in accordance with Sections 12-1+4 and 12-1 *5 of this
Title.
12-94-1: PURPOSE:
The purpose of the Special Development District is to encourage flexibility and
creativity in the development of land in order to promote its most appropriate use; to
improve the design character and quali$ of the new development with the Town; to
facilitate the adequate and economical provision of streets and utilities; to preserve
the natural and scenic features of open space areas; and to further the overall goals
12
of the community as stated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with the
property's underlying zone district, shall establish the requirements for guiding
development and uses of property included in the Special Development District. The
Special Development District does not apply to and is not availabb in the following
zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The
elements of the development plan shall be as outlined in Section 12-9A-6 of this
Article.
1 2-94-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverages, landscaping and parking shall be determined by the Town
Council as part of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Beforethe Town
Council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse effects of such deviation. This determination is to be
made based on evaluation of the proposed special development district's
compliance with the design criteria outlined in Section 12-9A-8 of this Article.
1 2-94-1 0: AMENDMENT PROCEDURES:A. Minor Amendments:
1 . Minor modifications consistent with the design criteria outlined in subsection 12-
9A-2 (definition of "minor amendment") of this Article, may be approved by the
Department of Community Development. All minor modifications shall be indicated
on a completely revised development plan. Approved changes shall be noted,
signed, dated and filed by the Department of Community Development.
2. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within or adjacent to the special
development district that may be affected by the amendment. Affected properties
shall be as determined by the Department of Community Development. Notifications
shall be postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement describing the amendment
and the time and date of when the Planning and Environmental Commission will be
informed of the staff decision. In all cases the report to the Planning and
Environmental Commission shall be made within twenty (20) days from the date of
the staffs decision on the requested amendment.
3. Appeals of staff decisions may be filed by adjacent properg owners, owners of
property within the special development district, the applicant, Planning and
Environmental Commission members or members of the Town Council as outlined
in Section 12-3-3 of this Title.B. Major Amendments:
1 . Requests for major amendments to an approved special development district shall
be reviewed in accordance with the procedures described in Section 1 2-94-4 of this
Article.
2. Owners 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
IJ
districl, and owners of all property within the special development district that may be
affected by the proposed amendment (as determined by the Department of
Community Development). Notification procedures shall be as outlined in subsection
12-3-6C of this Title.
VI. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW
PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to Section 12-94-1, the purpose of
a Special Development District is,
'To encourage flexibility and creativity in the development of land, in order to
promote ifs most appropriate use,' to improve the design character and quality of
the new developmentwithin the Town; to facilitate the adequate and economical
provision of sfreefs and utilities; to preserve the natural and scenic features of
open space areas; and to fufther the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a Special
Development Distict, in conjunction with the properties underlying zone distict,
shall establish the requirements for guiding development and uses of propefty
included in the Special Development District."
An approved development plan is the principal document in guiding the development,
uses, and activities of the Special Development District. The development plan shall
contain all relevant material and information necessary to establish the parameters with
which the Special Development District shall adhere. The development plan may consist
of, but not be limited to: the approved site plan; floor plans, building sections, and
elevations: vicinity plan, parking plan; preliminary open space/landscape plan; densities;
and permitted, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall
be limited to those permitted, conditional and accessory uses in the property's underlying
zone district.
The Town Code provides nine design criteria, which shall be used as the principal criteria
in evaluating the merits of the proposed major amendment to a Special Development
District. lt shall be the burden of the applicant to demonstrate that submittal material and
the proposed development plan comply with each of the following standards, or
demonstrate that one or more of them is not applicable, or that a practical solution
consistent with the public interest has been achieved.
VII. SURROUNDING LAND USES AND ZONTNG
Land Use ZoninoNorth: Mixed Use Special Development District No. 6South: Mixed Use Public Accommodation (PA)
14
VIII. ZONING ANALYSIS
Legal Description: Lot 0, Block 5E, Vail Village l"tFilingZoning: SDD No. 6, Public Accommodation (PA) District
Lot Size: 3.45 acres | 150,282 square feet
East:
West:
Mixed Use
Mixed Use
Development Standard
Density (dwelling units/acre):
Gross Residential Floor Area:
RetailArea (25% of GRFA):
Site Coverage (max.):
Landscape Area (min.):
hardscape (20%)
softscape (80%)
Setbacks:
Front -
Side -
Rear -
Gore Creek Setback:
Parking:
Loading:
Height:
Special Development District No. 6
Special Development District No. 6
Allowed
12.75 DUs per acre
182,325 sq. ft. (75%)
45,228 sq. ft.
92,036 sq. ft. or 61%
36,433 sq. ft. or 30%
7,287 sq. ft (max.)
29,146 sq. ft.(min.)
0.4'
5'
5'
nla
291 spaces
5 berths
77.25'
Proposed
13 DUs per acre
184,708 sq. ft.
44,724 sq.ft
92,036 sq. ft. or617o
36,433 sq. ft. or 30%
12,715 sq. ft. or 35%
23,718 sq. ft. or 65%
no change
no change
no change
no change
no change
no change
tx.
A.
CRITERIA AND FINDINGS FOR REVIEW
Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
The applicant is proposing minor changes to the exterior of the Alpenrose that staff
believes will enhance its visual appeal and complement the architectural aesthetics of
adjacent properties. The design of the exterior modiflcations is sensitive to the
immediate environment and is compatible with the neighborhood surrounding the
Alpenrose. As the height, scale, bulk and mass, and architectural design of the building
will remain the same, the Design Review Board had no further comments at the
conceptual review held on May 21 ,2003, other than a statement concerning the railings
15
B.
being too thick and outdated.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Special Development District No. 6 was approved by the Town of Vail in 1976, pursuant
to Ordinance No. 7, Series of 1976. According to the Official Zoning Map of the Town of
Vail, the underlying zoning of the Vail Village Inn development site is Public
Accommodation. PursuanttoTitlel2,ChapterToftheVail TownCode,thepurposeof
the Public Accommodation Zone District is:
to provide sites for lodges and residential accommodations for visitors, together
with such public and semipublic facilities and limited professional offices, medical
facilities, private recreation, commercial/retail and related visitor-oriented uses as
may appropriately be located within the same district and compatible with
adjacent land uses. Ihe Public Accommodation Distict is intended to ensure
adequate light, air, open space, and other amenities commensurate with lodge
uses, and to maintain the desirable resoft qualities of the District by establishing
appropiate site development standards. Additional nonresidential uses are
permifted as conditional uses which enhance the nature of Vail as a vacation
community, and where permifted uses are intended to function compatibly with
the high density lodging character of the District.
Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states,
The fotlowing uses sha// be permifted in the PA District:
Lodges, including accesso4/ eating, drinking, or retail establishments located
within the pincipal use and not occupying more than ten percent (10o/") of the
fotal gross residential floor area of the main structure or structures on the site;
additional accessory dining areas may be located on an outdoor deck, porch, or
terrace.
The applicant is not proposing any changes of use that deviate from the intentions of the
Special Development District or the PA zone district. The slight increase in density with
this proposal will not have any negative impact on the functions of the surrounding uses
and activities, provided that adequate parking is established for the residence.
Compfiance with parking and loading requirements as outlined in Chapter 12-10 ot
the Vail Town Code,
The total number of parking spaces for the entire Vail Village Inn is presently 291. At a
present total of approximately 2,540 square feet of seating floor area, the Alpenrose
Restaurant must have 21 parking spaces designated for its customers. Wlth the
reduction of 700 square feet of seating floor area, the number of required parking spaces
for the Alpenrose is reduced to 15. Since the proposed dwelling unit is over 2,000
square feet, three (3) parking spaces are required in accordance with off-street parking
standards, bringing the total number of parking spaces for both the restaurant and
residence to 18. The applicant will be required to demonstrate the adequacy of their
parking plan.
c.
16
D. Gonformity with the applicable elements of the Vail Gomprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies are
relevant to the review of this proposal:
1. GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff believes the uses and activities proposed are in compliance with the policies, goals,
and objectives identified in the Vail Land Use Plan.
E. ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed,
According to the Official Town of Vail Geologic Hazard Maps, the Vail Village Inn
development site is not located in any geologically sensitive areas or within the 1O0-year
floodplain.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposal does not call for any modifications that would impact natural features or
vegetation. Staff believes that the overall aesthetic quality of the community would be
enhanced by the proposed exterior changes.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The applicant is not proposing any changes that will impact vehicle or pedestrian
circulatory patterns. Staff does not believe that this criterion is relevant to this applicant's
proposal in its present form.
't7
H.Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
Staff does not believe that this criterion is relevant to this application since no changes to
the site itself or the building's footprint are proposed.
Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
Staff does not believe that this criterion is relevant to this application as the proposal will
only affect a portion of Phase I of the Vail Village Inn development plan and does not
require any further phasing or subdividing.
STAFF REGOMMENDATION
Staff recommends approval with conditions of the applicant's request for a
recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6 (SDD No. 6), pursuant to Section 12-9A-10, Vail Town Code,
and the criteria listed in section lX of this memorandum, with the following condition:
1. That the applicant provides a parking plan depicting where Alpenrose's parking
spaces are on site, as well as two (2) of those required by the new residence, at the
time of the first reading of the amending ordinance to the Vail Town Council.
ATTACHMENTS
Ordinance No. 21, Series of 2001
Ordinance No. 15, Seies of 2000 (& Exhibit A)
Secfrbn 9.D. of Ordinance No. 44, Seies of 1983
Vail Village Inn, Chapter 18.50, Special Development Distict 6 (SDD6)
Public Notice
Applicants Letter of Request
Reduced Floor Plan & Elevations
x.
xt.
A,
B.
D.
E.
F.
G.
18
Attachment: A
ORDINANCE NO.zI
SER|ES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT OISTRICT NO.6, VAIL VILI-AGE INN, PHASE IV, TO ALLOW. FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL: AND SETTING FORTH
DETAILS IN REGARD THERETO.
. WHEREAS, ln 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development Districl No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Developmenl Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase lV property, has submitted an
application fot a revised major amendment to Special Development Districl No. 6, Vail Village Inn,
Phase lV; and
WHEREAS, Daymer Corporalion has submitted this new application for a major amendment
to Special Development District No. 6 in response to an alleged enor in the public notification of a
previously held public hearing, and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Oevelopment Plan
for the Vail Village Inn Special Development District, Phase lV to allbw for the construction of the
Vail Plaza Hotel; and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development ob.iectives as ldentified in the Town ol Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmenlal Commission held a public hearing on the major amendment application;
ano
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council: and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate parties: and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village lnn, Phase lV, Vail Plaza Hotet; and
O.dinance No. 2'1. Serics o12001
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish preeedent or entitlements elsewhere within the Town of Vail.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL. COLORADO. THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 21, Series of 2001, is to adopt a revised Approved Development Ptan
for Special Development District No. 6, Vail Village tnn, Phase lV, Vail Plaza Hotel. The Approved
Development Plans for Phases l, lll & V remain approved and unchanged for the development of
Special Development District No. 6 within the Town of Vail, unless they have othemise expired.
Only the Approved Development Plan for Phase lV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled. Planninq Commission Report
The approval procedures described in Section 12-9,q of the Vail Municipal Code have been tulJilled,
and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the major amendmenl to the Approved Development Plan for
Phase lV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development Diskicl No. 6 is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspects of the Special Development District that cannot be
satistied through the imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards - Special Development District No. 6, Vail Village Inn,
Phase lV, Vail Plaza Hotel
Ordinance No- 21. Seri* of2001
Development Plan-
The Approved Development Plan for Special Developmenl District No. 6, Vail Village Inn, Phase lV,
Vail Plaza Hotel shall include the following plans and materials prepared bv Zehren and Associates.
Inc., dated April 4, 2000 and stamped approved by lhe Town of Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
A. Site lllustralive Plan
B. Site Vign€tles Key Plan (noted "for illustration purposes only")
C. Site Mgnettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1|2
J. Level Two
K. LevelThree
. L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
O. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevation/East plaza Elevation)
S. Building A Elevations
T. Building A Seclions
U. Building B Elevalions
V. Building B Sections
W. Building Height Plan 1 (Absolute H€ights/lnterpolated Contours)
X. Building Heighl Plan 2 (Maximum Height Above Grade/lnterpolated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
Ordinance No. 21. S€ries of 2001
BB. Street Enlry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape lmprovements Plan
EE. Off-site lmorovements Plan
Permitted Uses-
The permitted uses in Phase lV of Special Development Disfict No. 6 shall be as set forth in Section
12-7 of th6 Vail Town Code.
Conditional Uses-
Conditional uses for Phase lV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16of
the Town of Vail Zoning Regulations.
Density- Unifs per Acre - Dwelling Units, Accommodation Units, & Fractionat Fee CIub Units
The number of unils permitted in Phase lV shall not exceed the following:
Dwelling Units - 1
Accommodation Units - 99
Fractional Fee Club Units - 50
Type lll Employee Housing Units - 18
(38 employee beds totaling 9,618 square feet of floor area)
Densitlt- FloorArea
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Setbacks-
Required setbacks for Phase lV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback alono Vail Road shall beaminimumof 16'.
Height-
The maximum building height for Phase lV shall be as sel forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase lV, calculations of
height, height shall mean the distiance measured vertically from the existing grade or finished grade
(whichever is more restdctive), al any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping toof unless otherwise specified in Approved Development Plans.
Site Coverage-
Ordinanc€ No. 21. Series of 2@1
The maximum allowable sile coverage for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase lV shall be as set torth in the Approved
Developmenl Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and loading/delivery behhs for Phase lV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance.
In no instance shall Vail Road or th€ South Frontage Road be used for loading/delivery or guest
dropoffipick-up without the prior written approval of lhe Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or reslricted to any person other
than a tenant, occupanl or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
prohibit the temporary use of the parking spaces for events or uses outside of the building, subiect to
the approval of the Town of Vail.
Section 5. Aoproval Aqreements for Special Oevelopment District No. 6. Phase lV. Vail
Plaza Hotel
1 . That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements,
Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan
1o the Town of Vail Public Wo*s Department for review and approval, prior to application for a
building permit.
2. That the Developer submits a detailed final landscape plan and final architectural elevations for
review and approval of the Town of Vail Design Review Board, prior to application for a building
permtt.
3. The SDD approval time requirements and limitations of Section 1Z-9A-12 shall appty to
Ordinance No. 21 , Series of 2001 . In addition, the phasing of the construction of the hotel shall
not be oermitted-
4. That the Developer submits the following plans to the Department of Community Developmenr,
for review and approval, as a part of the building permit application for the hotel:
a. An Erosion Control and Sedimentation plan:
b. A Construction Staging and Phasing Plan;
I
I
I
I
Ordinance No. 21, Series of 200'l
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Trafiic Control Plan.
5. That the Developer receives a conditional use permit to allow for the construction of 18, Type lll
Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of
floor area.
6. That the Dev€loper submits a complete set of plans to the Colorado Depariment ot
Transporlation for review and approval of a revised access permit, prior to application for a
building permit.
7. Thal the Developer meets with the Town staff to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
. second aeading of an ordinance approving the major amendment.
8. That the Developer submits a complele set of plans responding tro the design concems
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12V13/99. The drawings shall be submitted, reviewed and approved by
the Tbwn Engineer, prior to final Design Review Board approval.
9. That the developer records a public pedest an easement between the hotel and the Phase lll
Condominiums and between the Phase V Building property lines. The easement shall be
prepared by the developer and submitted for review and approval ofthe Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy.
10. That the Developer record a deed-restriction, which lhe Town is a party to, on the Phase lV
property prohiUiting the public use of the spa facility in the hotel. Said restriction may be revoked
if the Developer is able lo demonstrate to the satisfaction of the Town that adequate provisions
for vehicle parking have been made to accommodate the public use of the spa, The restriction
shall be recorded prior to the issuance of a building permit.
1 1 . That the Developer submits a final exterior building materials list, a typical wall-section and
complete color rendering for review and approval of the Design Review Board, prior to making
an application for a building permit.
Ordinance No. 21. S.ric6 ol200l
'12. That the Developer submits a comprehensive sign program proposal for the Yail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
certificate of Occupancy.
'13. That the Developer submits a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design ofthe hotel and enclosed and screened
from Dublic view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125%
of the total cost of the required off-site pub c improvements. The bond shall be in place with the
Town prjor to the issuance of a building permit.
15. That the Develofer installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts behveen
pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.
16. That the Developer studies and redesigns the entrance on the north side of the hotel across from
the entrance to the Gateway Building to create a more inviling entrance or a design that redirects
pedestrians to another entrance. The final design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below
ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached
the Developer shall submit revised plans to the Town of Vail Community Development
Department for revi€w and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight
elevator access to the lowest level ofthe parking structure. The revised plans shall be submitted
to the Town of Vail Community Development Department for review and approval prior to the
issuance of a building permit.
19. That the Developer, in cooperation with the Town of Vail Public Works Department design and
conslruct a left-turn lane on Vail Road and reconfigure the landscape island in the South
Frontage Road median to eliminate lefl-turns from the Ioading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certificate of Occupancy.
20. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facility shall not be
Ordinance No. 21, Se.ies of 20Ol
unduly restricted for Special Development District No. 6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of tho facility shall only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The final delermination of the use of the facility shall be mutually agreed upon by lh€
Developer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the conslruction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer lmprovement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit.
23. That the Developer record Type lll deed-restrictions ofeach of the required employee housing
unils,.with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary
Certificate of Occupancy.
24. That the required Type lll deed+eshicted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership transfer with the deed
to the hotel property.
Section 6. Approval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
1 , 2003, and continue diligently toward the completion of the project. lf the Developer does not begin
initial construction and diligently work toward the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
lf any part, section, subsection, sentence, clause ot phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 21, Series of 20Ol
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not atfecl any right which has accrued, any duty imposed, any violation that
occurred prior to the efiective date hereof, any proseculion commen@d, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly slated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extenl only of such inconsistency, The repealer shall not be construed to revise any
bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE lN FULL ON FIRST READING this 2lstday of August, 2001, and a public hearing for second
reading of this Ordinance set for the 4ri day of September, 2001, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
REAO AND APPROVED ON SECOND READ|NG AND ORDERED PUBLTSHED this 4h dav of
September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Cler*
Ordinance No. 21. Seri$ of 20Ol
Attachment: B
ORDINANCE NO. 15
SERIES OF 2OO,|
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE II, TO
ALLOW FOR THE CONSOLIDATION OF TWO EXISTING RESIDENTIAL DWELLING
UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WFIEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Patricia and Gerardo Schroeder, as owners ofthe subiect Phase ll
property, have submitted an application for a major amendment to Special Development District
No. 6, Vail Village Inn, Phase ll; and
WHEREAS, the purpose of this ordinance iE to adopt a revised Approved Development
Plan for the Vail Village Inn Special Development District, Phase ll to allow fot the consolidation
of two existing residential dwelling units; and
WHEREAS, the revised major amendment to the Special Development District is in the
best interest of the town as it meets the Town's development objectives as identified in the
Town of Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment
application: and
WI-IEREAS, the Planning & Environmental Commission has reviewed the prescribed
crileria for a malor amendment and has submitted hs recommendation of approval to the Vail
Town Council: and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS, lhe Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for special Development
District No. 6, Vail Village lnn, Phase ll; and
whereas, the approvar of the major amendment to speciar Deveropment District No. 6,
Vail Village Inn, Phase ll and the development standards in regard lhereto shail not establish
precedence or entitlements elsewhere within the Town of Vail; and
whereas, the vail rown council finds that the proposed major amendment to special
Development District #6, Vail Village Inn, complies with the nine design criteria outlined in
Section 12-9A-8 of the Town of Vail Municipal Code. The appticent, as required, has
demonstrated to the satjsfaction of the Council that any adverse effects of the requested
deviations from the development standards ofthe underlying zoning are outweighed by the
public benefits provided or has demonstrated that one or more of the development standards is
not applicable, or that a practical solutjon consistent with the public interest has been achieved.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL. COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 4, Series of 2OOO, is to adopt a revised Approved Development
PIan for Speeial Development District No. 6, VailMllage lnn, Phase ll. The Approved
Development Plans for Phases I, lll, lV & V remain approved and unchanged for the
development of Special Development District No. 6 within the Town of Vail, unless they have
otherwise expired. Only the Approved Development Plan for Phase ll is hereby amended and
. adooted.
Section 2. Amendment Procedures Fulfilled. Planning Commission Report
The approval procedures described in Section 12-9A ofthe Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission of approval for a major amendment to the Approved Development
Plan for Special Development District No. 6, VailVillage Inn, Phase ll. Requests for amendments
to the Approved Development Plan shall follow the procedures outlined in Section 12-9A ofthe
Vail Municipal Code.
Section 3. Soecial Develooment District No.5
The Special Development District and the Major Amendment to the Approved Development Plan
for Phase ll are established to assure comprehensive development and use ofthe area in a
manner that would be harmonious with the general characler of the Town, provide adequate open
space and recreation amenities, and promote the goals, objectives and policies of the Town of
Vail comprehensive Pran. speciar Deveropment District No. 6 is regarded as being
complementary to the Town of Vail by the Vailrovvn counciland the planning & Environmental
commission, and has been established since there are significant aspects of the speoial
Development District that cannot be satisfied through the imposition ofthe standard public
Accommodation zone districl requirements.
Section 4. Develooment Standards - Special Development District No. 6, Vail Village
Inn, Phase ll
Development Plan-
The Approved Development Plan for Special Development District No. 6, VailM age lnn,
Phase ll, prepared by Royston, Hanamoto, Back and Abey on February 12, 1976, shall be
hereby amended to include the following plan amendments prepared by FriElen Pierce
tuchitects, Inc., dated May 25, 2001 and stamped approved by the Town of Vail, dated
August 7, 2001:
A. Proposed Entry Plan:
B. Proposed Second Level Plan;
C. Proposed Third Level Plan;
D. Proposed Roof Plan;
E. Proposed South Elevation;
F. Proposed North Elevation;
G. Proposed West Elevation.
Permitted Uses -
The permitted uses in Phase ll of Special Development Oistrici No. 6 shall be as set forth in the
development plans referenced in Section 4 of this ordinance.
Conditional Uses -
Conditional uses for Phase ll shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as ou0ined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
Density- Urrrlts per Acre - Dwelling Unils
The number of units permitted in Phase ll shall not exceed the following:
Dwelling Units - Two
Density- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage permitted
for Phase ll shall be as set forth in the Approved Development plans referenced in section 4 of
this ordinance.
Soecificallv:
Gross Residential Floor Area:
Commercial Floor Area:
4,098 square feet
6,473 square feet
Setbacks-
Required selbacks for Phase ll shall be as set forth in the Approved Development plans
referenced in Section 4 ofthis ordinance.
Height-
The maximum building height for Phase ll shall be as set forth in the Approved Development
Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase ll.
calculations of height shall mean the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or
mansard roof, or to the highest ridge line of sloping roof unless otherwise specmed in Approved
Development Plans.
Site Coverage-
The maximum allowable site coverage for Phase ll shall be as set forth in the Approved
Develooment Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase ll shall be as sel forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of otf-street parking spaces and loading/delivery berths for Phase ll shall
be provided as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance. In no instance shall Vail Road or the South Frontage Road be used for
loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail.
The required parking spaces shall not be individually sold, transferred, leased, conveyed,
rented or restricted to any person other than a lenanl, occupant or user of lhe building for which
the space, spaces or area are required to be provided by the Zoning Regulations or ordinances
of the Town. The foregoing ranguage sha not prohibh the temporary use of the parking spaces
for events or uses outside of the building, subject to the approval of the Town of vail.
Section 5. Approval Agreements for Special Development District No. 6. phase ll
1. The applicant shall submit a revised condominium map to reflect the approved
amendment for review and approval by town staf by no later than June 25, 2002.
Section 6.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affec{ the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and
eacfi part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, seclions, subseotions, sentences, clauses or phrases be declared
invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall nd revive any provision or
any ordinance previously repealed or superseded unless express$ $ated herein.
Section 6.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The repealer shall not be construed
to revise any bylaw, otder, resolution or ordinance, or part thereot, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FTRST READTNG rhis 1Ob day of Juty, 2001, and a pubtic
hearing for second reading of this ordinance set for the 7s day ofAugust, 2001, in the council
Chambers of the Vail Municipal Building, Vail, Colorado.
n%4py'*-,
Ludwig Kuz, Mayor
READ AND APPROVED ON SECOND READTNG AND ORDERED pUBLISHED this 7h dav of
fu^rt'^
w
Ludwig Kurz, Mayor
Lorelei Donaldson, Town Clerk
August, 2001.
,f'l
Accessory uses in the special distrlct. AI1 a.ccessory
-:) -
s,ubJect to the issuance o{ a conditional use pet.mit in accordance with
'the pro*isions of chnpter ls.60. of the tunicip,rl code of the Town of
V:tiL,
Sectlon 8.
uses as deflned in the public accommoclation district, Chapter 1g.22
of the Nunicipal Code of tlte Torvn of VaiI.
Section g. Dcvelopment standards. The following deveJ.opment
stanclards are min j.mum clevelopment standard.s in speciat distlicts: _
A. Lot area and site climension.
The speciat distr'ict shall consist of an area t otal ing
{. OO5 .|rcres .
B. Setbacks
The 'equired setbacks sharl vary as indicated in the
development pran providing space for pranting and an a.cceptabre
relationship to ndjAcent property owners. ' portions of commercial
space may abutt thc south property llne,
C. ttai ght
It is re intcnt of the Torvn council that the height limits
rnd ranges of the br.rilrlings constructed lvlthin special devel.pnent
dlstrlct #6 stroukl be as low as possible and as outlined on development
plan and model of Gordon n. pierce, Architect. In no event shall the
average helgrrt of the b''rdings constructed in special deveropment
#6 exceed 45 feet, At the Level of detail presently a.vailable to the
Torvn Council, it is not Icalistic to tie down a precise maximum
elevation. The finnl designs rvith regard to elevation wilI depenA upon
further detal]ed study nnd projoctron of the building mass on to photos
of the actuar site condi.t,ion. rt rs tbe intent of this ordlnance that
the height massing of the buildj.ng devetoped in special development
district #6 malntain ttre qur.lity nnd feeling of Vn.il Village a.long Ea.st
l{eadoiv Drive and that t$,o story elevntions nre the predominent height.
This trvo story eLevfttion height clrn vary uprvard or downrvard by hrrf a
leve l -
D' Density control, The gross residentiol floor area devoted
to a.ccommodation \rnits s;lrrll excced t,he gr.oss rcsidential floor nrea
de1'oted to dwclling units. For all phases o{ the development, thc
follorfing stnncttrds shnll xpply :
-6-
Dwelling ot
Accomrnoda t i on Units
29 d|e l ting
l-85 accommod?.tion
3 employee units
10 dlve l l ing
3 employee units
Commelcial space/square feet
16,12S square f eet
6 ,473 r' rr
10,600
14,800
Atlachment: C
GRNA
3 ,315
44,830
74,470
2,7OO
16 , 585
1 ,000
provided as set Jorth on
be no Less .than 350 spaces
eommercial space
Pllase
TT
III
}V
Plr a.o e
I
II
III .
IV
6,850
54,851
Convention space = Total 16,611 square feet.
E- Buirding Bulk contror. Buirding buU. colrtr.ol ,naxinum warl
rength, maximum dimensions for builcling er.ements requir-ements for warl
offsets and veltical stepping of roof lines shall be inclicated on the
model of the approved clevelopment p1an, by Gord.on R. pierce, Archi.tect.
F. Site Cover-age. The site area to be covered by.the buildings
sball be as generally indicated on the d.evetopment plan, but in no case
shall it exceed OS perc,ent of re total site area.
G. Usable open space. Usabl.e open space shali Ue provided as
required in public accomrnodation clistl.ict chapter Lg.zz of the vail
llunicipal Cocle.
H. Landscaping and site development. At least thirty percent
of the total site area shall be lanclscapecl a.nd plaza. a.rea, Lanclscaping
and other site developments shaII observe the landscaping concept a,s
iodica,ted in the a,ppt-oved clevelopnrent plan.
lO. Parking and loading.
I. parking and loacling shtll bp
the apl)roved development pLan. There shall
withiD the main buildi.ng or builclings.
Attachment D
VAIL VILLAGE INN
Chapter
SPECTAL DEVEIPPMENT
L8 .50
DISTRTCT 6 (SDD6)
Sections:
18.50.010 Established18.50.020 Purpose
l-8 . 50 . 03 0 Developnent Pl_an--Approval proced.ure
l-8.50.040 Development plan--Contents
18.50.050 Permitted UsesL8.50.060 ConditionaL UsesLg.50.070 Accessory UsesL8.50.080 Developrnent Standards18.50.090 Lot Area and Site Dirnensions18.50.100 SetbacksLS.50.L10 Distance Between Buildinqsl-8.50.120 Height.L8.50.130 Density18.50.140 Building Bulk
l-8 .50.150 Coverage
18.50.160 Open Space18.50.170 Landscaping and Site Development18.50.1-80 Parking and Loading
18.50. L90 Fireplaces18.50.200 Conservation ControlsL8.50.210 Recreational Arnenities Tax
l-8 .50.220 Lirnitation on ExistenceL8.50.230 Amenities
Lg.50.010 Established
Pursuant to the provisions of Chapters 18.02, 18.40 and L8.66,as amended, Special Developrnent District 6 (SDD6), a Special
Development zone district, is established for the developmenton a certain parcel of land comprising 3.455 acres in the VailVillage area of the town, and the zoning ordinance and theofficial zoning nap are amended by the add.ition of thischapter, which shal-l become Chapter 18.50, the caption of whichshall be trSpecial Development District 6'r and a map which shalt
become an addition to the official zoning map.(Ord 7, 1976; Ord 8, 1973)
Lg.50.020 Purpose
A Special Development District is established to assure
comprehensive developnent and use of an area in a manner thatwould be harmonious with the general character of the Town,provide adeguate open space and recreation amenities, and
SDD6
promote,the objectives of the zoning ordinance of the town.ordinarily, a special development district will be created onlywhen- the development is regarded as complementary to the townby the To\.m council , planni-ng and Environrnental comrnission, andDesign Review Board, and there are significant aspects of thedevelopment which cannot be satisfied under the existincrzoning. (Ord 14, tgT7; Ord 7t Lg76; Ord B, Lg73)
l-8.50.030 Developrnent plan--Approval procedure
A. The development plan for the vail Village fnn, which ispart of its application, sha1l be incorporated byreference, and mad.e a part of special Developnent District5 and constitutes a general plan and guide for developmentrsithin the special development district.
B. Amendrnents to the approved development plan which do notchange its substance and which are fully recommended in areport. of the Planning Comrnission may be approved by the
Town Council by resolution.
C. The environmentaL impact report and a supplemental reportfor each phase of construction which sha1l be subnittEA tothe zoning administrator in accordance with Chapter 18.56,prior to the corunencement of site preparati.on, buildingconstruction, or other irnprovenents of open space. Eaclrphase of the developrnent shal1 require review andrecommendations of the planning Conrmission and approval bythe Town Council
D. Each phase of the development shall reguire the priorapproval of the Design Review Board in accordance with theapplicable provisions of Chapter t-8.54. Each phase shalLbe reviewed by an outside consultant at the expense of thedeveloper, who shall give their reconmendations to theDesign Review Board. The development plan shall be
amended to reflect architectural detail of each phase.(Ord 7, 1976; Ord B, L973)
18.50.040 Developrnent pl-an--Contents
The proposed development plan shall incrude, but is not lirnitedto, the following data as amended by exhibits provided byconsultants Roystson, Hanamoto, Beck and Abey, on February tZ,
a97 6:
A. Existing and proposed contours after grading and sitedevelopment having contour intenraLs oi not urore than tvofeet and preliminary drainage plan. Supplernentaldocumentation of proposed contours and diainage shall besubrnitted to the zoning administrator with the plans foreach phase of the development.
SDD6
: B. A site p1an, at a scale of one inch eguals forty feet or| ; larger, showing the locations and dimensions of allbuildings and structures, uses in the buildings, and allprincipal site development features such as landscapedareas, recreational facilities, pedestrian plazas andwalkways, service areas, driveways, and off-street parking. and loading areas.
C. A preliruinary landscape plan, a! a scale of one inchequals forty feeL or larger, showing existing landscapefeatures to be retained or removed, and showing proposed
landscaping and landscaped site development features suchas outdoor recreational facilities, bicycle paths, trails,pedestrian plazas and walkways, water features, and other
elements.
D. Schernatic building elevations, sections and floor plans,.
at appropriate scales, i.n sufficient detail to determinefloor area/ general. circulation and use location, andgeneral scale and bulk of the proposed development.specific detail for these items and the appearance shall
be submitted on a phase basis.
E. For Phases I, II, and IIf, a volumetric nodel as amended
: .; by consultants Royston, Hanamoto, Beck and Abey on
..:... February l-2, 1976 of the site and proposed developnent
documented by photographs at a scale of ] inch eguals J-6
feet or larger, portraying the scale and relationship of
those phases of the developrnent to the site andillustrating the forur and mass of structures in said
phases of the deveJ-opment. For Phases Iv and V, a
volumetric model as arnended by Gordon Pierce, Architect,of the site and the proposed developrnent at a scale of 1inch equals 20 feet, portraying the scale and relationshipof the developnent of Phases IV and V, to the site andillustrating the form of rnass of structures in said phase.
F. A phasing plan of the proposed development indicatingorder and general tirning of construction phases, amenities
and proposed interim development. (Ord L4, L987 i ord 7,
L976; Ord 8, 1973)
L8.50.050 Pernitted Uses
The perrnitted uses in Phases !, II , III , IV and V of Special
Development District 5 sha11 be in accordance with the approved
development plans on file in the Town of Vail comrnunity
Development Department. (ord 14, L987, Ord 7, 1976, Ord 8, L973)
18.50.0G0 Conditional Uses
18.50. o7o Accessory Uses
SDDS
ffl|i:"tiil ;iff.f$ fn3iii.';"'j, Ir,, -rv and v or specialof the vair zoning code and as o"iof,l""u in section r-8.22.030
A' A popcorn outside vend.inq wason .t-h:i ^^*e^.-appearanc" li:l !lJ;;;;i=iiH!:ri:i;#:i:i:l=":le r anacommercial core rr- s";"pi,. no. office_iJii-"*""pt thoseiff:iii"i'iff:i"i;Tr:,::'#ipar -use
-"i iiJ"=.r lowed on -
Le83t o.a i, J-sz6; ord 8, ,rr3fu u' (ord L4 , Ls87r-6ri"zz,
li:.:::::"35l.13i"- as-derinea in pr3_zurr.ic Aceommodarion zone7, te76; ord 8, irl|i22'o4o, shall be permittea ii sDDG. (ord
18. 50. 08O Developnent Stand.ards
I3:r3:;;l"ll:Tr:-!lndards set out in sections 1s.lo"ver op,nJ"i-,r liii:i'. :"13*;ry;l ; :
J;#;:"i"'3;31i 3i
o throush
18.50.09O Lot Area and Site Dianensions
The speci'ar distr,ict-shar''.consist-of an area totalring 3.455fft;i as speciried in s"ct:.on'ir*]so.oro.' io.i ii'irrr; ord 8,
L8.50. LOO Setbacks
ii::iitrii::"i::iT5,ilii; $il.as ind-icared in rheacceptabl" rli.tronship to aalac"-*fot-Pluttting and anEne conmercial sre7 6 ; o.J- s'i-ig iry"'- ;:t'"ofiI' if;!":"ll;T*;""i;, ii*.""?oi' r,
19.50.1LO Distance Between Buildings
For Phases f , ff . anrt TTT .Lr-- .buildings-oi'uii^,I-1"9 rTr the rnin
d everopnre't pr ui
u"ent s i I e s
-^'nlir'il:''":'i:;l:i.3;tl.,'"in.
l:.._:$:;. -ril^lij& i)'.il *i"ififf ,il:11_o;"lJJ=*"In"u,, 5o reer.
1.113:::t _sites shari l"-"=^iiiil":1:t?nce. between buiroins"-'""subnitred. bv Gordon pi"rJI, ;;:;i;::.r",Hi.s";:i:o*""r plan as
11o t-,
_ revised Aprit rn a"J'e"iii^*r-i'"j.j3:..d February J.i,(ord 14; i;;;rT='lr 14 and April 17, 1eB7)'d 7, 1976; ord I , tg73) ''I
!
!
SDD6
18.50.120 Height
A. For Phases f, II, and III the a1lowable heights shaLl beas found on the development plan, specifically the siteplan and height plan dated 3/L2/76.
B. For Phases IV and V, the maximum building height sha1l beas set forth in the approved development plan by GordonPierce, Architect (dated February 19, 199?, revised April14, and April t7, L987).(ord 14, 1987; Ord 7, 1976, ord B, 1973)
18. 50 - l-3o Density
The Gross Residential Floor Area (GRFA) of all districts in theSpecial Developnent District shall not exceed L2O,60O squarefeet. There shall be a minimum of 148 accommodation units and67,367 square feet of GRFA devoted to accommodation units in
Phases IV and V of Special Development District 6.
L8.50.L40 Building Bulk
Building bu1k, maximurn wall J-engths, maximum dimensions forbuilding elements, requirements for wall offseLs and verticalstepping of roof lines for Phases I, If and IIf shall beindicated on the development plan subrnitted by consultants,
Royston, Hanamoto, Beck and Abey on February IZ, l_975. For
Phases IV and V, building bu1k, maximum wall lengths, maximurodimensions for building elementsr.requirements for wall offsets
and vertical stepping of roof lines sha1l be as indicated asper the approved development plans subrnitted by Gordon R.Pierce, architect (dated February 19, L987, revised april 14
and April 22, 1987). (Ord )-4, 1987,. Ord 7, L976, Ord I, L973)
18.50. L50 Coverage
The site area to be covered by buildingrs shall be as generallyindicated on the developrnent p1an. but in no case shall exceedfifty-five percent of the total site area. (ord 7, L976i Ord 8,
1973 )
l-8 . 50. 160 ODen SDace
Useable open space sha]1 be provided as required
acconmod.ation district, Section l8-22. 1-20. (ord
I, 1973)
IN
1
the public
l-976; Ord
SDD6
l-8.50.1-7O Landscaping and site development
At least thirty percent of the total site area shal1 belandscape and plaza area. Landscaping and other sitedevelopment shall observe the Landscaping. concept as indicatedin the approved development plan. lord Zi nlei ord g, 1973)
l-8.50.180 parking and Loading
Following the cornpletion of phases rv and v, there shall be notless than L2 surface parking spaces, 324 und.erground parkingspaces, and 37 underground valet parking spacei as ari exisi.ingand as provided on the developnenl plan-subnitted by Gordon R. -
Pierce, Architect (dated February 1_s, l_9g7). The pioposed siteplan dated February rg, rgBT refl-ects the interim iaricing plansbetween the development of phases IV and V,(Ord L4 | 1987; Ord 7, Lg76i Ord 8 , Lg73)
18.50.190 Fireplaces
Fireplaces sha1l not be perrnitted in individ.uaL accommodationunits. (ord 7, Lg76; ord 8, L973)
18.50.20O Conservation Controls
Developer shall include in the building construction, energyand water conse:rration controls as general technorogy exis€i atthe time of construct,ion. (ord 7, lSZa; ord s, l_g7aj
18.50.2L0 Recreational Amenities Tax
The recreational amenities tax due for the deveropment withinsDD6 under chapter 3.20 shall be assessed at a rale not toexceed seventy-five cents per square foot of f100r area andshal] be paid in conjunction with construction phases and priorto the issuance of a building perurit. (Ord Z, is7a; ord g;
r.973 )
18.50.220 Lirnitation on existence
Prior-to the adoption of the approved developrnent plan, theTown council reserves to the Town the right to abrogate orrnodify Special Development District 6 foi good. cause throughthe enactrnent of an ordinance; provi.ded, h5wever, that in theevent the Town council finds it to be appropriate to consid.ervrhether to abrogate or modify SDDG, ttre-lroledures sharl be inaccordance with Chapter 18.66. (ord. z, tila; Ord I, :-g73)
SDD 6
18 . 50.230 Ameni.ties
A. lltre developer shall provide in its approved developmentplan a bus shelter of a design and location nutually
agreeable to the developer and the Town Council . Theshelter to serrre the area generally.
Attachment: E
Lynn Fritzlen. .{lA, r\ rch iLer-{
Willianr f- Pierr:e, Ardritert
Thonras R, Ds Br:is,.{rchitect
5tephanie Lord-john:on, An:h itect
David Baum, Architect
Knthy llcJlins.t, Busiress Maruger
March 18, 2003
Unit 5
Vail Village Plaza Condominium
(Alpenrose Restaurant)
Adjacent Property Owners:
Josef Staufer
702 Sandy Lane
Vail, CO 81657
Luke Meyer
813 Potato Patch Dr.
Vail, CO 81657
Bill Rey
do Claget Rey Callery
100 E. Meadow Dr.
Vail CO 81657
Waldir Prado
950 Red Sandstone Road
Vail, CO 81557
Johanas Faessler
do Sonnenalp Hotel
82 E. Meadow Dr.
Vail, CO 81657
Village Inn Plaza Condominium fusociation
do Peak Properties
100 Lionsridge Loop, Suite 34
Vail, CO 81657
Talisman Condominium fusociation
62 E. Meadow Dr.
Vail, CO 81657
Red Sands Corporation
C/o Vail Home Rentals, Inc.
143 East Meadow Drive. Suite 392
Vail, CO 81657
FRITZLEN PI ERCE ARCH ITECTS
vAtt, coLoMDo
Hanlon Family Partnership
385 Core Creek Drive
Vail. CO 81657
Itl50 tast Vail !?llcy Drivc, Fallrid3c C. I ,
!ail. Colorad,: ll 1 65;
P: 970.4.:6.614,J
F: 97().476..1t (r1
l r ini:,@,.,ailrrchitccrs.L:,,rnr
r'r,ut. . r'a i la rr-'i r i Lc r:b. t:rn r
Unit 5
Vail Mllage Plaza Condominium
(Alpenrose Restaurant)
Description of Request
This Proposal involves an addition and alteration to the existing Alpenrose Restaurant in the Vail
Village Plaza Condominium. Additional enclosed dining space will be created on the west portion of
the south deck. The majority of the south deck will be maintained for outdoor dining while the north
deck remain for outdoor dining.
The south expansion of the restaurant will be primarily glass providing a strong street presence on a
year round basis.
The upper level dining space (above the bar and pastry counter) will be converted to a two story
residential dwelling unit containing 2383 sq. ft. of CRFA. This space has never been successful as a
restaurant sPace (or retail space for that matter) due to the fact it is two stories above the kitchen,
access is difficult for customers and staff, and the space feels isolated from the restaurant and the
sUCEL
The Apenrose currently seats 71 customers. A redesign and expansion of the restaunnt will provide
the same number of seab on the lower levels as exists now within the restaurant's three levels.
The Proposal does not deviate from the development standards of the underlying zone districl
Zonin$ Analysis (based on SDD #6, and Ordinance No. 15, Series of 2001 (Units 335, 332))
l.'.;r':r r hitzb: r.,\i.A. :\ri:iiittlr:l
i4illiarri l. fJii,.i:r, -ir..h;1{:at
tntr ;i li. l-)i, lii!5,,':\.rJ: i(ui r.
5l{,1)ha:-r;c l-t:.,{l -J..,;:*srr:, d.rf}ii'::(it
D.rt iri Elirrrr, ,\r'i:hii.,t:L
K.rd r v t'kll I cF,:- E .: 5! i ;p. : j j \1.,r :.: ri.,.:r
March 18, 2003
Lot Area
Total CRFA
Unit5 CRFA
DU per acre
Site Coverage
Setbacla:
Front
Sides
Rear
Existing
150,282 sq. ft
182,325 sq. ft.
none
12.75
61% or 92036 sq. ft
Attachment: E
FRITZLEN PI ERCE ARCHITECTS
VAIL, COLOMDO
Proposed
no chan6e
184,708 sq. ft.
2383 sq. ft
13
61% or 92,212 sq. tt
.1
no change
no change
5'
5',
'l0iii li]r,i \,/it;l 'r,,ril{l.j Dii:,r. iLriiIlli;: l.'..1
'\.rti:. ("{ti.r:;ri{li, ii'l r}:;,'
t: ij ,t t l.!+:t $.i:..t .i )
t. .:l;:{!.i:{!,.i'ra}.l
I ifi i;rroriiili{('1,;iri i::,i.i..:rl
r.r;<it.,.,:lrj.;tci:lr,:,r it , . ,ri r
Unit 5 Vail Mllage Condominium Zonins Analvsis Continued
FRITZLEN PIERCE ARCHITECTS
vArL, coroMDo
36.8' (proposed unit 5)
no change in number of spaces but
convenion of restaunnt space should
reduce parking requirement
no change
44,724 sq.fL
Height
Pad<ing
Loading
Commercial Area
77.25' (site max)
30.8 ' (existing Unit 5)
291 spaces
5 berths
25% of CRFA, or 45,228 sq. fL
1b'ii fflsr \.ilil v,:lllcv Dri,c. Frlh.id$r {:.1.
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TO:
FROM:
DATE:
SUBJECT:
0Rt6truAl
MEMORANDUM
Town Council
Community Development Department
December 16, 2003
A second reading of Ordinance No. 32, Series 2003, to adopt a revised
Approved Development Plan for Special Development District No. 6, Vail
Village lnn, Phase 1, to allow for modifications to the existing Alpenrose
restaurant, and setting forth details in regard thereto.
Applicant: Ted LeachPlanner: Matt Genneft
il.
BACKGROUND
On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously
approved the applicant's proposal, with one condition related to parking for the new
residential unit, which the applicant has met.
On July 15, 2003, the Design Review Board unanimously approved the applicant's
proposal.
On December 2, 2003, the Town Council approved Ordinance No. 32, Series of 2003,
on first reading.
DESCRIPTION
The applicant, Ted Leach, has proposed a major amendment to SDD No. 6, Vail Village
lnn, Phase l, to allow for 2,132 sq ft of GRFA for a new residence to be located above
the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing
restaurant space, located on the second floor of the restaurant, and making it part of the
new proposed residence.
The total GRFA for Phase l, with the approval of this amendment, would increase from
3,927 sq ft to 6,059 sq ft. All other zoning standards, such as setbacks, building height,
and site @verage, are to remain the same as existing. With the reduction of
approximately 700 sq ft of restaurant space while retaining the same seating capacity,
and the addition ot a 2,132 sq ft residence that is nonexistent today, two deed restricted
parking spaces dedicated to the new unit have been secured to meet the PEC's
condition of approval.
ORDINANCE NO.32
Series of 2003
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR
MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT
ABOVE THE RESTAURANT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, amendments to a Special Development District are permitted pursuant to
parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on June 9, 2003, to consider the proposed amendment in accordance with the
provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation
of approval to the Town Council of the Town of Vail based on the criteria and findings presented
in the staff memorandum; and
WHEREAS, the Design Review Board of the Town of Vail held a public hearing on July
15, 2003, to consider the related design review application in accordance with the provisions of
the Town Code of the Town of Vail and voted unanimously to approve the application; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, Vail Village lnn, Phase 1, complies with the review criteria outlined in
Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any
adverse effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase 'l , and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the
appropriate parties, and
Ordinance No. 32, Series 2003
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the proposed amendments to Special Development District No. 6,
VailVillage Inn, Phase 1.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Pumose of the Ordinance
The purpose of Ordinance No. 32, Series of 2003, is to amend the Approved Development Plan for
Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of
Chapter 12-94-10 of the Vail Town Code. The "underlying'zone district for Special Development
District No. 6 shall remain as the Public Accommodation (PA) zone district.
Section 2. Establishment Procedures Fulfilled. Planninq Commission Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code have been
fulfilled and the Vail Town Council has received the recommendation of approval from the
Planning & Environmental Commission for the major amendment to Special Development
District No. 6, Vail Village Inn, Phase 1. Requests for the amendment of a special development
district follow the procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 6
Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure
comprehensive development and use of the area in a manner that would be harmonious with the
general character of the Town, provide adequate open space and recreation amenities, and
promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special
Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been amended because there are significant aspects of the Special Development District that
cannot be satisfied through the imposition of the standard Public Accommodation zone district
Ordinance No. 32, Series 2003
requirements.
Section 4. Development Standards. Special Development No. 5 Vail Villaqe Inn. Phase 1
Development Plan -
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1,
shalf include the following plans and materials prepared by FriElen Pierce Architects, dated May 27 ,
2003, and stamped approved by the Town of Vail, dated June 9, 2003:
a. 4200. LowerLevel Plan
b. A201. Levels 1&2. FloorPlan
c. 4202. Level 3 Floor Plan
d. A203. Levels 4 & 5 Floor Plan
e. A204. Roof Plan
f. A301. North & South Building Elevations
S. 4302. East & West Building Elevations
h. A40l.LongitudinalBuildingSections
Densitv-Number of Units -
The number of units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall
not exceed the following:
Dwelling Units - 2
Densitv - Gross Residential Floor Area -
The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the
Ordinance No.32, Series 2003 3
following:
GRFA - 6,100 Square Feet
Densitv - Gommercial Floor Area -
The total commercial square footage units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, shall not exceed the following:
Commercial Square Footage - 15,430 Square Feet
Parkinq and Loadinq -
The total number of parking spaces required in Special Development District No. 6, Vail Mllage Inn,
Phase 1, shall include two, off-site, deed restricted parking spaces for the new residential dwelling
unit located on the levels four and five above the restaurant use, as shown on the plans.
Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 6. The amendment of any provision of the Town Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or byvirtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
Ordinance No. 32, Series 2003
Rod Slifer, Mayor
ATTEST:
n
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APPROVED BYT}E
TOWN OFVAIL
F'.. rir''t':r{e AND
ENVIRGT ..vil,. ;. COMMIS9IOIffi
N
,tltt,Alowen LEVEL PLAN\_./'qi- :
/q
/
/
/i@.
THE ALPENROSE
v^t v[^cc In fH 9l rv rro D lr{o f,sl Li,aDovr/ olrlt
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rHE ALPENROSE
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THE ALPENROSE
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THE ALPENROSE
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ORDINANCE NO.21
SERIES OF 2OO1
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW. FOR THE CONSTRUCTION OF THE VA|L PLAZA HOTEL: AND SETTTNG FORTH
DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village lnn; and
WHEREAS, Section 12-9A-10 of the Zoning Regutations permils major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase lV property, has submitted an
application for a revised major amendment to Special Devetopment District No. 6, Vail Village Inn,
Phase lV: and
WHEREAS, Daymer Corporalion has submitted this new application for a major amendment
to Special Development Districl No. 6 in response to an alleged error in the public notitlcation of a
previously held public hearing, and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development District, Phase lV to allbw for the conslruction of the
Vail Plaza Hotel; and
WHEREAS, the revised major amendment to lhe Special Development Dishict is in the besl
interesi of the town as it meets the Town's development obiectives as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regutations, the
Planning & Environmental commission held a public hearing on the major amendment application;
and
WFIEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriale parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the pubtic health,
safety, and welfare to adopt the revised Approved Development plan for Special Development
District No. 6, Vail Village Inn, Phase lV, Vait Ptaza Hotel; and
Attachment: A
O.dinance No. 21 , Seri6 ot 200 1
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recteation, views and functions.
Staff does not believe that this criterion is relevant to this application since no changes to
the site itself or the building's footprint are proposed.
l. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
districL
Staff does nol believe that this criterion is relevant to this application as the proposal will
only affect a portion of Phase I of the Vail Village Inn development plan and does not
require any further phasing or subdividing.
X. STAFF RECOMMENDATION
Staff recommends approval with conditions of the applicant's request for a
recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6 (SDD No. 6), pursuant to Section 1 2-94-10, Vail Town Code,
and the criteria listed in section lX of this memorandum, with the following condition:
1. That the applicant provides a parking plan depicting where Alpenrose's parking
spaces are on site, as well as two (2) of those required by the new residence, at the
time of the first reading of the amending ordinance to the Vail Town Council.
XI. ATTACHMENTS
A. Ordinance No. 21, Series of 2001B. Ordinance No. 15, Series of 2000 (& Exhibit A)
C. Secflon 9.D. of Ordinance No. 44, Series of 1983D. Vail Village lnn, Chapter 18.54 Special Development District 6 (SDDO)
E. Public Notice
F. Applicant's Letter of RequestG. Reduced Floor Plan & Elevations
18
district, and owners of all property within the special development district that may be
affected by the proposed amendment (as determined by the Department of
Community Development). Notification procedures shall be as outlined in subsection
12-3-6C of this Title.
VI. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW
PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to Section 12-9A-1 , the purpose of
a Special Development District is,
'To encourage flexibility and creativity in the development of land, in order to
promote its most appropiate use; to improve the design character and guality of
the new development within the Town; to facilitate the adequate and economical
provision of sfreets and utilities; to preserue the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a Special
Development Distict, in conjunction with the properties underlying zone district,
shall establish the requirements for guiding development and uses of propefty
included in the Special Development District."
An approved development plan is the principal document in guiding the development,
uses, and activities of the Special Development District. The development plan shall
contain all relevant material and information necessary to establish the parameters with
which the Special Development District shall adhere. The development plan may consist
of, but not be limited to: the approved site plan; floor plans, building sections, and
elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities;
and permitted, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall
be limited to those permifted, conditional and accessory uses in the properg's underlying
zone district.
The Town Code provides nine design criteria, which shall be used as the principal criteria
in evaluating the merits of the proposed major amendment to a Special Development
District. lt shall be the burden of the applicant to demonstrate that submittal material and
the proposed development plan comply with each of the following standards, or
demonstrate that one or more of them is not applicable, or that a practical solution
consistent with the public interest has been achieved.
VII. SURROUNDING LAND USES AND ZONING
Land Use ZoninoNorth: Mixed Use Special Development District No. 6South: Mixed Use Public Accommodation (PA)
14
East: Mixed Use Special Development District No. 6West: Mixed Use Special Development District No. 6
VIII. ZONING ANALYSIS
Legal Description: Lot 0, Block 5E, Vail Village 1't FilingZoning: SDD No. 6, Public Accommodation (PA) District
Lot Size: 3.45 acres I 150,282 square feet
Development Standard Allowed Proposed
Density (dwelling units/acre): 12.75 DUs per acre 1 3 DUs per acre
Gross Residential FloorArea: 182,325 sq. ft. (75%) 184,708 sq. ft.
RetailArea (25o/oot GRFA): 45,228sq.ft. 44,724sq.fi
Site Coverage (max.): 92,036 sq. ft. or 61% 92,036 sq. ft. or 61%
Landscape Area (min.): 36,433 sq. ft. or 307o 36,433 sq. ft. or 307o
hardscape (20%) 7,287 sq. ft (max.) 12,715 sq. ft. or 35%
softscape (80o/o) 29,146 sq. ft.(min.) 23,718 sq. ft. or 65%
Setbacks:
Front - 0.4' no change
Side - 5' no change
Rear - 5' no change
Gore Creek Setback: nla
Parking: 291 spaces no change
Loading: 5 berths no change
Height; 77.25' no change
IX. CRITERIA AND FINDINGS FOR REVIEW
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
The applicant is proposing minor changes to the exterior of the Alpenrose that staff
believes will enhance its visual appeal and complement the architectural aesthetics of
adjacent properties. The design of the exterior modifications is sensitive to the
immediate environment and is compatible with the neighborhood surrounding the
Alpenrose. As the height, scale, bulk and mass, and architectural design of the building
will remain the same, the Design Review Board had no further comments at the
conceptual review held on May 21 ,2003, other than a statement concerning the railings
15
B.
being too thick and outdated.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Special Development District No. 6 was approved by the Town of Vail in 1976, pursuant
to Ordinance No. 7, Series of 1976. According to the Official Zoning Map of the Town of
Vail, the underlying zoning of the Vail Village Inn development site is Public
Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of
the Public Accommodation Zone District is:
to provide sites for lodges and residential accommodations for visitors, together
with such public and semipublic facilities and limited professional offices, medical
facilities, private recreation, commercial/retail and related visitor-oriented uses as
may appropiately be located within the same distict and compatible with
adjacent land uses. Ihe Public Accommodation Distict is intended to ensure
adequate light, air, open space, and other amenities commensurate with lodge
useg and to maintain the desirable resort qualities of the District by establishing
appropriate site development standards. Additional nonresidential uses are
permifted as conditional uses which enhance the nature of Vail as a vacation
community, and where permitted uses are intended to function compatibly with
the high density lodging character of the District.
Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states,
The following uses shal/ be permitted in the PA District:
Lodges, including accessory eating, dinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%) of the
fotal gross residential floor area of the main structure or structures on the site;
additional accessoqy dining areas may be located on an outdoor deck, porch, or
terrace.
The applicant is not proposing any changes of use that deviate from the intentions of the
Special Development District or the PA zone district. The slight increase in density with
this proposal will not have any negative impact on the functions of the sunounding uses
and activities, provided that adequate parking is established for the residence.
Gompfiance with parking and loading requirements as outlined in Chapter 12-10 ot
the Vail Town Code.
The total number of parking spaces for the entire Vail Village Inn is presently 291 . At a
present total of approximately 2,540 square feet of seating floor area, the Alpenrose
Restaurant must have 21 parking spaces designated for its customers. With the
reduction of 700 square feet of seating floor area, the number of required parking spaces
for the Alpenrose is reduced to 15. Since the proposed dwelling unit is over 2,000
square feet, three (3) parking spaces are required in accordance with off-street parking
standards, bringing the total number of parking spaces for both the restaurant and
residence to 18, The applicant will be required to demonstrate the adequacy of their
parking plan.
c.
16
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Staff has reviewed the Vail Land Use Plan and believes the following policies are
relevant to the review of this proposal:
1. GeneralGrowth/Develooment
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill).
3. Commercial
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
Staff believes the uses and activities proposed are in compliance with the policies, goals,
and objectives identified in the Vail Land Use Plan.
E. ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Vail Village Inn
development site is not located in any geologically sensitive areas or within the 1OO-year
floodplain.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposal does not call for any modifications that would impact natural features or
vegetation. Staff believes that the overall aesthetic quality of the community would be
enhanced by the proposed exterior changes.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The applicant is not proposing any changes that will impact vehicle or pedestrian
circulatory patterns. Staff does not believe that this criterion is relevant to this applicant's
proposal in its present form.
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17
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DHL Real Estate Investments, LLC
P.O.Box 746 Avon, CO 81620 Ph970.926.877]L Fax97Q.926.&253
March 17,2004
To: Owners of Vail Villaee Plaza Condominium Units
To Whom It May Concern:
A few months ago you were contacted regarding a proposal to modifo Condominium Unit 5 of
the Vail Village Plaza Condominium, commonly known as the Alpenrose Restaurant. Since then the
project has been scaled back and a few chang€s have been made to the plans due to building code
requirements. Copies of the proposed elevations of Unit 5 accompany this letter along with the
previous elevations for your comparison. Please note a few window changes, modifications to the roof
elements, and the removal of the dormer on the north elevation. Once again, there has been no change
to the height of the building and all minor modifications have already been approved by the Town of
Vail's Design Review Board.
With the start of this project quickly approaching, we feel that it is important to keep all
members of the Association informed of progress. At this point, our anticipated start date is April 15,
2004. This deadline is particuiarly critical for Peter Haller, owner of the Alpenrose Restaurant, so that
he can have his business back up and running for the summer season. To ensure a prompt start and to
limit disturbances to the offseason, please check the appropriate box below and return this form via
facsimile to 9'70-926-8253 as soon as possible. In the event that a response is not received by April 1,
2004 it will be understood that you have no objections to the plans dated March 5,2004.
Ifyou have any questions, you may contact me directly at970-376-0802. I thank you for your
prompt attention to this matter.
Owner name:Unit #:
The above owner is currently able to identify no objections to the revisions to the proposed plan
for modification of Condorninium Unit 5, dated March 5, 2004.
The above owner objects to the proposed pian for modification of Condominium Unit 5.
Sincerely.
114
Ted Leach
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Osaki's LLC
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Vail, CO 81658
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1. Article Addressed lo:
Patricia & Gerardo Schroeder
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Claggett-Rey Callery
100 East Meadow Drive
Vail, CO 81657
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Telephone:
970.476,6500
Telecopier:
970.476.4765
Email: planalpCalail.net
Law Office of
futhur A. Abplanalp, Jr.
L.L.C.
Post Office Box 2800
Vail, Colorado
81658-2800
12 December 2003
Physical Address:
Suite 301
Vail 21 Building
472 East Lionshead Circle
Vail, Colorado 81657
Town Council
Town of Vail
75 South Frontage Road West
Vail CO
Re: Town of Vail Ordinance No. 32, Series of 2003
Special Development District No. 6 - Vail Village Inn, Phase I
Vail Village Plaza Condominium - Unit 5 Reconstruction - Alpenrose
Members of the Council:
As you are aware, this Office represents'the Vail Village Plaza Condominium
Association, which is the common interest association governing the property which
is the subject ofthe above proposed ordinance.
.
.
Atthe Council's meeting of the 18th of November, I advised the Councilthatthe
Town had earlier been provided, in April, 2003, with a letter indicating the consent to
the proposed projecg on behalf of the Association and owners, when, in fact, the
project had not been approved by the Board, as an entity, by the Associatioq as an
entity, or by a number of the owner/members of the Association. That initial approval
letter was rescinded in June, 2003. Although there is a suggestion in the Town's file
that the rescission letter was, itself, later withdrawn through a telephone call, the
author of both letters indicates that he did not make such a call.
At the Council's meeting of the 3rd of December, I advised the Council that the
Association was in the process of attempting to contact each of its owner/members in
order to confirm that the pending proposal was acceptable to each. That process has
continued.
At the time of the Council's November and the earlier December meetin& the
members of the Association, as a whole, had not approved the project. That remains
the case.
Since the time of the November Council meeting, representatives of the Board
of Directors have met with the developer/applicant and plans for the proposed
changes to the subject property have been sent to each owner/member of the
Association, with an inquiry asking whether each approves, disapproves, or has
concerns regarding the proposed project. The owners of the two units most affected
by the project have not indicated that they approve of the proposed project. One
owner will be in Vail during the second half of December and hopes to indicate
approval or disapproval at that time. The Association has been unable to contact the
owners of the unit most affected, which is located directly behind the subject properry.
Because ofthe foregoing, the Association has been unable to confirm that all owners
approve the project or that the owners would ratify changes to the condominium map
and declaration, as required in order to develop the project. On the other hand,
neither has the Board received any definite objections to the project. Absent
confirmation from all owner/members of the Association, the Board of Directors
cannot indicate to the Council that this project has its approval. In any event, the
Board of Directors does not have the authority to approve the project over the
objection of even one owner/member or lienholder.
Based upon the foregoing, the Association must advise the Council that neither
the Board of Directors nor the membership of the Vail Village Plaza Condominium
Association has approved the proposed project, and that the initial indication of
approval was not authorized by the Board or the membership as a whole. Any
member or lienholder can, by withholding consent to amendments to the
condominium map and dedaration, effectively prevent this project from going
forward. Against this background and the Town's requirement for consent of an
Association as a prerequisite for a possible change in a land use regulation, the
Councilmaydetermine whether theproposed ordinance shouldbe consideredfurther.
There can be no question that, at this time, the proposed change in the zoning of a
special development district would be occurring in a situation where neither the
governing association nor the owners have consented to the proposed changes.
If the Council decides to proceed with consideration of this proposal, the Board
of Directors requests that the following conditions be added to the ordinance:
No demolition, building or construction permit based upon this Ordinance shall
be issued until and unless the applicant is able to demonstrate the consent of
the requisite owners and lienholders permitting the amendment of the
condominium map and declaration consistent with the intended modifications
to the subject property.
In the event the foregoing condition is not satisfied within two years of the
effective date of this Ordinance, then this Ordinance shall be of no effect, and
the uses permitted within Special Development District No. 6 shall be
unaffected by the provisions of this Ordinance.
At the Council's meeting of the 3rd of December, a question was raised
regarding whether these proposed conditions are appropriate on consideration of an
ordinance amending a special development district land use regulation. In response
to that concern, it may be pointed out that conditions #2L and #3 (of. a total of 24
conditions) of Ordinance No. 21, Series of 2001 (and ordinance which approved a
revision in this SDD), respectively, dealt with issues virrually identical to those which
the Association asks be included in the ordinance now under consideration.
Specifically, condition #21of the earlier ordinance dealt with encroachments onto
property owned by other, and required the consent of those other properfy owners.
Similarly, the first condition requested by the Association would require the consent
of the owners of the general common elements prior to demolition of or construction
into those general common elements (including the roof elements and the air space
above the current condominium. Condition #3 of the earlier ordinance required
constmction within a specified period of time, essentially identical to the second
condition requested by the Association, although the time period requested by the
Association is apparently one year shorter. For the Council's convenient referencg a
copy of the earlier ordinance is attached to this letter, with the conditions referred to
above identified.
The Board of Directors of the Vail Village Plaza Condominium Association
regrets the confusion regarding the question of whether either the Board of Directors
or the membership of the Association approved the subject projecg but the members
of the Council have the assurance of the members of the Board of Directors that, had
they been aware of the fact that this project was proceeding through the Town's
planning and design review process, ttris issue would have been raised at an earlier
date. It was not and is not the Board's intention to become involved at the eleventh
hour. It is, however, the Board's dutyto advise the Council that the required consents
for the subject project :rre not in place, in order that rights of no one, whether the
doreloper, the Town, or the members of the Association, be jeopardized.
The Board of Directors of the Vail Village Plaza Condominium Association
thanks the members of the Council for their consideration of these issues.
Endosure
xc: President, Vail Village Plaza Condominium Association
Mr. Ted Leach, for the applicanVdeveloper
Mr. Matt Gennett, Vail Department of Community Development
Mr. Matt Mire, Vail Town Attorney
OROINANCE NO.21
SER|ES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVEO DEVELOPMENT PLAN FORSPECIAL DEVELOPMENT DISTRICT NO, 5, VAIL VILLAGE INN, PHASE tV, TO ALLOWFoR THE coNsrRucloN oF THE vAtL ir-nz,q noreu; ANo sETTING FoRTH
DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Councit adopted Ordinance No. 7, Series of 1976.
establishing Special Development District No. 6, Vail Vi aae Inn: and
WHEREAS, Section r 2-94-10 of the zoning Reguration! permits major amendments to
previously Approved Development plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the phase lV property, has submitted an
application fo. a revised maior amendment to Special Development District No. 6, Vail Vilage tnn,
Phase lV: and
WHEREAS' Daymer Corporation has submitted this new application for a major amendment
to Special oevelopment District No. 6 in response to an alleged error in the public notification of a
previously held public hearing, and
WHEREAS, the purpose of this orctinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development District, Phase lV to allow for the construction of the
Vail Plaza Hotel: and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets lhe Town's development objectives as identified in the Town of vail
Comprehensive Plan; and
wHEREAS, in accordance with the provisions ouflined in the Zoning Regurations, the
Planning & Environmental commission field a public hearing on the major amendment application;
and
WHEREAS' the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted ils recommendation of approval and findtngs to the Vail
Town Council: and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate partiesi and
WHEREAS, the vail rown council considers it in the best interest of the pubric health,
satety, and welfare to adopt the revised Approved Development plan for special Development
District No.6, Vail Village Inn, phase lV, Vait plaza Hotel: and
. rii
r!
frinsnce lio. 2t. Serica ot 20Ol
The maximum allowabre site coverage for phase rv shal be as set torth in the Approved
Developmenl Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for phase lV shall be as set forth in the Aooroved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and loading/delivery berlhs for phase lV shall be
provided as set {orth in the Approved Developmeni Plans referenced in Section 4 of this ordinance.
ln no instance shall vail Road or the south Frontage Road be used for roading/detivery orguest
drop'off/pick-up without the prior written approval of the Town of vail. The required parking spaces
shall not be individually sold, transferred, teased, conveyed, rented or restricted to any p"erson other
lhan a tenant, occupant or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shal not
prohibit the temporary use of the parking spaces tor events or uses outside ot the building, subject to
the approval of the Town of Vail.
section 5' Aoo.ou"l Aor""r"nt" fot so""i"l D"u"lop'n"nt Di"tri"t No. 6. ph""e lv. v"il
Plaza Hotel
1 . That ihe Developer submits detaited civil engineering drawings of the required ofi-site
improvements (streel rights, drainage, curb and gutter, sidewalks, grading, road improvemenls,
Vail Road landscape median improvements, etc.) as identified on the off-site improvements pEn
to the Town of vail Pubric works Deparrment for review and approvar, prior to appiication tor a
building permit.
2. That the Developer submits a detailed final landscape plan and final archirectural elevations for
revlew and approval of the Town of Vail Design Review Board, prior to application for a building
permit.
3. The sDD approval time requirements and limitations of section 12-gA-12 shall appry to
Ordinance No.21, Series of 2OO1. In addition, the phasing oflhe construction of the hotel shall
not be permitted.
4. That the Developer submits the following plans to the Department of community Development,
tor review and approval, as a parl of the building permit application for the hotel:
a. An Erosion Control and Sedimentation plan:
b. A Construction Staging and phasing plan;
F
Ordir|enc! No. 21, Srfhs ol2OOl
unduly restricted for Special Development District No. 6. The loading/delivery facitity, including
docks, berths, freight elevators, service corridors, etc.. may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facility shall only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The final determination of the use of the facility shall be mutually agreed upon by the
Develooer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer lmprovement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit,
23. That the Developer record Type lll deed-restrictions of each of the required employee housing
units,.with the Eagle County Clerk & Recorder's Ofiice, prior to the issuance of a Temporary
Certificate of Occupancy.
24. That the required Type lll deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership transfer with the deed
to the hotel property.
Section 6, Aooroval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
1 , 2003, and continue diligently toward the completion of the proiect. lf the Developer does not begin
initial construction and diligently work towad the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
It any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of lhis ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereol regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses ot phrases be declared invalld.
O.dln.nc! No. 21. Sa.i.r of 2001
g4/2U2AA3 972476494t PAGE 62
Staufer C.rd?l;iul, u L.'c., 100 Eapt Meddow.Drive +31
Vail, Colorado 81657
.Phone (970) 476-5459
'.;
Fax (970) 17Q:.516,
'ttfiIid trn l00t[ F,{t crr||unir ]r|,e'
Staufer Commercial; L l-.
100 East Meadow Drive +3 i
Vail, Colorado 81657
Town of Vail Community Development
Pat Lynch
Peter Haller
Bill Pearce
.
Phone (970) 476.5450 Fax (970) 475-5461
PrinieJ on IJd'){' ll\r cnn.uu1.r *".i.
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Propeny Addre*:
_u.lJryl _Ll, l, 68, 6C AND 9, VArL VTLLAGB PLAZA CONDO, PHASFJ r AND n oFVILIAOEINN PI.AZA
Schcdrlc A
Effective Date;Janurry 14, 2003 * 5:00 p.M.
Potcy fo bc knra!, ud Prropooed l6uut
"ALTA" Oumcr'c Policy 10-17.92
Proposed Inrurcdl
ULRICU PETER TTAIIER
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$1,500,000.00
ItG 6'"re or iohr.'t In the rrnd dcocrrbed or rerencd to h ifir comrrtncm
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fitle to the estate or intehest corered hq,cin tg at lhc clfCdiVc dstc bereol vcftcd ln:
CLAUSW, FRICKEAND EDNAN. FRICKE
Tbe land rcftrrcd io tn thic C-mnttnrcnt b dcscrlbGd as folbws:
SEE ATTACHED PAGE,(S) FOR LEGAL DESCIIPTION
OZ/28/ZOO3 IJ: iIO }'AI PRUDENTIAL GORE RANGE PR t4OO5
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TEGAI DESCBIPIIOII
.UNDOMINIUM UN*S 2, ?,_5r fi, 6c AND 9, VArL VIIIAGE pIr{ZA @NDOMtNrr,Ms,AccoRDINC TO THE AMENDED cor.tpovnrruM uip trrnron neconDED OCTOBER 3, 1985INBOOK 426 AT PA6E 609, AND FIRST AMEI.IDMEI.N TTTERETO RECORDED DECEMBER 27, I9E9 INBOOK 520 AT PAOE 30? AND RATIFICATION THERETO NSCONPTN MdCH S]JiSO IN rOOr5"+ AT PAGB II3 AND SECOND AMENDMENT IHERBTO NTCONOTO VER'II ", I99O IN BOOKsL{ Ar pAcE 641, AND AS DEFINED AwO OASCTBiE tN n|8 coNuovrr.rnlia-dpcr,maflowRECoRDED No\,E[4BER 19, 1984 IN BooK 400 nr p,ror zoz, AND FIRsr AMENDMEM THEREToRECORDED DEEEMBER 27, I989IN B@K SZO Et iACN g06, AND RATIFICATION TTIR.ETORECORDED MARCII E, t99O IN BOOK 524 AT PAGE iS I}.IP SECOND AT{B{DMBX{T THER,ETORECORDED MARCH 29, I99O IN EOOK 525 AT PECS6AO, COUNTY OF EAGI.E. SrrrE OPcoLoMDO.
FtB, 28. 2003 B:29AM
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ALTA COMMTTMENT
Sclrdule B. Section I
G.equlrsnentr)
Tbe tollowing rre Oe rcqulrtmetr to be complhd rrlthr
OurOrdcrNo. V279O6g
ffij?;.ffilfi1r for rhe accorur of rhe grulors or rnongrgon of ihe firl conrtdcrarion for tbe cgme or
Iteo ft) hoper lattruEeDtG) creuing thc c$are or ioErcsr ro be rnsuld Dutt be Ex.cuted rnd rtuly fled for
'ocord,
to-wir:
Itcm (c) Pr,'Ecdt of all ta:cc, chergcs or asrcomcwc lcrricd ead assesred aiaiut rhc so;ecr prmise, which arc rtucand payablc,
Itcm (d) Addiriotrrl requlremartr, lf any dlsclocod belowi
llR:p *"J*lyNlt? TtplnnERr.i^L REvEr.ruE sERvrcE op FEDERAL rAr( uEN
?,002,f#T*ggg#1.p,tgl.rNnrrAMournoirn,Eili'ri#Jrio6"i,ffi #RECEmoN No. 80l5oe.
2, REITASE OF DEED OF,TRUST DATBD MANCH 29, I99O FROM CI.AUS W. FAXtrE AND EDNAN. PR'ICKE TO THE PUBUC I?,USTEE OF B,,{CIJ COUNTY FOR TITE USE OP FIRSIBANKoF vArL ro sEcnRE rrrB srrM oF s63?,S06.m REcoR;-6 M;;ift d, ido. rN Boorc525 AT PAGE 8Ot.
SAID DEED OF I*,UST WAS FI'RTHER SBCURED IN ASSIGNMENT OF RENTS RECORDEDMARCH 30, 1990, IN BOOK 52s AT pAcE 802.
3. REIS{SE OF DEBD OF TRUST DATED JANUARY I7 , }N|FROMCI,AUS W. FRICKB ANDEDNA N. FRICKE TO TTTP PUBIIC TRUSTEB OF EAGIT COU}NY rdi-irii'r]SS OPWESTSTAR EANK TO SEC-URE THE SUM Or $E-CA,Z:O.OO RECORDBD JANUARY 22, 2002,,UNDEN, RECEPTION NO. 783355.
4, EVIDENCE SATISFAETORY TO TIIE @MPAI.TY NIAT THBTIIRMS, CONDTNONS ANDPROVISIONS OF TIIETOWN OF VAILTMNSFER TA)( IIAVEBEN'SAITCircD.
5. WARRANTY DEED FROM-CI4US W, FRICKB AND EDNA N. FRICKE TO ULR,ICH PETERTIALI.ER CONVEYINC SUBTECT PROPERTY.
fiIE FotIowINc DELEfloNsnvIoDrFrcATroNs ARE FoR THE owNBR,s Folrcv.
NorE: ITElvls l-3 oF rHE OENERAL H(cEprroNs ARE HEREBY DELEf,ED.
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FEB, 28, 2003 8;29AM
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Oln Ordcr No. Yn9O69
UPON THB APPROYAL OF TEP COMPANY AND TTIE RBCEIPT OF A NOTARIZBD FINAL I.JENAFFIDAVTT' ITEM NO. 4 OF IIIE GENERAL ETCEFTIONS WILL EE AMENDED AS'FOILoWST
IrEMNO.4 OF TTTE GENBR.ALD(CEFTIONS IS DEI.EIEDAS TO A}TYUENS ONNTNNE
LTENS RESULTING PROM V/ORK OR MATERTAL FURNTSHED AT TTS REAUESi OF CI,AUS W.PRICKEAND EDNA N. FRICKE,
CHICAGO llIIJINSURANCB COMPANY SITALLHAVENO UABIUTY FOR ANY LIENSARISING FROM WORK OR MATERTAL FTJRNISHED AT TI{B REQUEST Or Ur.iJCrr PPrgNHALI.M.
NOTE: trTEDl 5 oF TllE GEIIERAL BxcEFTIoNs wIIr BB DEr.Erm rF taND rrlr.E
RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDUI.BFT,
NorE: llPoN PRooP oF PAYMENT oF AIr, TALEs, ITEM 6 wlr EB AMENDED rD RBADr
TAXIS AND ASSESSMBNTS FOR THE YSAR 2OO2 AND SUBSEQUENT YEARS.
ITEM 7 UNDER SCHEDULE B-2 WILL BE DELEf,ED I'PON PROOF THAT THE WATER, AND
SEWER. CSAROES ARE PAID UP TO DATB,
t''*r****r' NOTICB OF FEE CHANGE, EFFECIIyE SEPTEMBER l, 2(xD rrmn+rf,*
Purruanr u' colorado Rcviscd sta$tc 30-10421, 'Th. counry cb* ald rtcordcr sul coltcc r surrharp of $I.fi) forcrh rlqunm rcoclvod for rtoordhg or filiqg inhir or hcr officc. Tbe surc.targc !hr[ to io "aAm to'asy orher
fecs pErfldtted W $r$e. 't
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FtB. 28, 2003 8:29AM
OurOrdecNo. V279ffig
The pollcy or polides to be hgucd wlll contatn exceptlom to tbe folor+,lng uales the erme are dlspocedof to the catidtcion o(the Company, '
t ' Right' or crrimr of penio in powession nor sbown by the publrc recordr,
2, Erscmeors, ot claims of easencots, mr sbom by rlc public reconlr,
3. Dlscrepancics. coaflictr in bouudrry lincs, sho,rtagc In arta, enctoa&mcals, and ury frcts which a conect suw€fl aldtnrecriotr of thc prenis* would dircrore end whio ale not $ovn by oe plbuc ,"iras,
4' Any lien, or right to a lien, for sendces, labor or matertd thorclofore or hcreafter furnisheil, imporcd by law urd. lot ohown by the public records.
' 5' Dcfects, lieos, encuubrancca, adver$ cldrlr 0r olhcr Dilro$, lf rny, crerrcd, first rppeuiry i! drc public rccordr orrnrching sublequcnt to thc cffcctive drte heraf but prtor m trre are'qrc p*i*J t*oo acquir4 of rccord forvalus the estate or interest or mongagc thcreon corctia Uy tUu Conortuo.nr.
-
6 ' Taxao or apocial ures''ocnr which 'c nor 6onn * eriui4g ricor by rho pubric ncords,
7. Llour for Upald watcr and gcWcr cftargeS, lf any,
t' Ia rddition' tbc omer's policy will bo enbject to ttc norgrgc, if my, norcd in Scction I of scbc&le B hcruof.
9. RIG}IT OF PROPRIETOR OF A VEIN OR [ODE TO EXTRACT AND N${OVE ITIS OREN|EREFROM SHOULD TITE SAMB BE FOIJND TO PEhtEfRAlI OR INTBRSECT THE PR,EMISESAS RESERVBD IN UMTED STATES PATEI,TT RECORDED TUI,Y rr. riSgIr}IiOOr +g ETPAGE 475.
I IO. RIGHT OF WAY FOR DNCHES OR CA}.'!ALS CONSTRUCTED BYTHE AUTHORTTY OF THBUMTED STATES AS RESERVED IN UNITED STATES PAltsNT NECOi'EDIULV II, T899.IN BOOK48 AT PAGE475.
ll' RESTRICTIVE COVENANTS WHICH DO NOT CONTATN A FORFETTURB OR REVERTER CIAUSB,BUT OMITTINO ANY COVE}.IANT OR RESIruCUON BASD Orr NACi, COTOR, RELIGTON,sEx, HANDICAP, FAI\,IIIJALsrATus oR NATToNALoRIGIN uNl^EssAND oNLy rorr{E$TENTIXIAT SAID COVENAIIIT (A) IS HGMPT UNDER CHAITER42, CUCTION 360? OFTHBUNrIED STATtsS CODE OR (B) REI.AIESTOHANDICAP BuT DO;SNOT
DISCRIMINATE AGAINST HANDICAP PERSOI.IS. AS COMAINED IN tNsIRuMEM RpcoRDED
AUOUST t0, 1962, rN BOOK 1?4 ATpAcE l?9.
12. RECIPROCAL EASEMENT AGREEMET,IT BETWEts.I VAIL VILLAOE TNN, A COI.ORADO
CORPORATION, JAMM LTD., A COIORADO LMITED PARTNERSHIP Ai'iD VAILVILIAGE
INN ASSOCTATES, A COLORADO OENEML PARTNERSITTP RPTORDED JANUARY 3, T9E3 IN
BOOK 35I AT PAGE 324.
fi{UDENTIAL G0RE RAN.GE PR @OO8--i10, 4378-P.
ALTA COMMITMENT
Schedule B. Sedlotr2
thsptiols)
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FtB, 28, 2003 8:29A[,|
PRUDEI.ITIAL GORE MNGE m
N0, 4378
@009P.8
Orr(hdcrNo. Vn9O69
ALTA COMMITMENT
ScbedulcB.Scction2
(Erccptions)
fI. ryu.v or poUcie to be lssued wtll orrbin cxceptions to the followlng unless tbe ss6e orc diryoredof to the rstisloctlon olthe Compnny:
13 ' EI.ICROACHMENT OF STONE WALL ONTO BAST MEADOW DRIVE AS SEOU/T.I ON ST'RIIEY OPMBRRIq( AND COMPANY DATED NOVEMBBR 20, I98I, JOB NO. i'f'qZ\g.
14. UTIUTY EASEMENT AS GRANIED TO HOLY CR.OSS EtBCrRrc ASSOCIATION. INC. ININSIRUMEM RECORDED
'ANUARY
21, 1983, IN BOOK 352 AT PACE 396.
15, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, I9E3 INBOOK 367 AT PAGE 833.
16. ENCROACIIMENT OF FAIIO AND ROOF OVERIIAI.IG ONTO EAST MEADOW DRII'E AS SIIOWN
^NDDESCRIBED ON THB CONDOMINIUM MAP FOR VAIL VTU.AGB PT.IZ,I.TOTIPOUNIUMS.NorB: ToWN oF VAIL PERMIT To EREcroR MATNTATN A srRUcruRB oN A puBuc RIGHToF wAy RECORDED Jt Ly 26, l9B4 IN BOOK 3gO AT PAGE ?46.
17, BNCROACHMBNT OF ROOF OVERHANG OF TIIE MOST WESTERLY BI'ILDING OF SI'B'8qr
PROPBRTI' ONTO ADJOINING PROPERTY AS SEf, FORTH IN I.ETTER DATED JULY 5, I9A,
FR,OM EAGLE VAIJJY ENGINEERING & SURVEYING INC, AND AS SHOWN ON TilE
CONDOMINIUM MAP FOR yAtL VITJAGB pLitZA CONDOMTNIITMS.
18. E}ICROACTIMENT OF DUCTWORK FOR AIR f,ANDUNC ENCROAGIMBNT ONTO PROPERTY OFVII,LAGE INN PI.AZA CONDOMIMT'MS AS MORE FT'I,LY DESCRIBED IN LBTTER DATEDruLY 5, I9t4 FROM EACLE VATIEY ENOINEERINA & SURVETTNG INC.
NOIE: EASEMEIIIT AGREEMB{T IN CONNECTION WIII{ SAID ENCROACHMEM WAS R,ECORDED
JULY 10, 1984 IN BOOK 388 AT PAGE 862.
19. TPRMS, PRovtSIONS AND coNDITIoNs OF DECI"AMTION cbNcBRNINc pARKtNcREcoRDED
JTJLY IO, 1984 IN BOOK 388 AT PAGE 856.
24. UTILITY BASEMENT 20 FBEr IN WIDTII AI.ONC THB WEST I,oT UNE OF I,OT O, BLOO(
5-D, VAIL VIIJAGE FIRST flLING, AS SHOWN ON TITE CONDOMINIUM MAP POR VAIL
VILI.ACE PI.AZA CONDOMINIUMS.
2I. THOSE PROV$IONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTTONS,
wHIcH ARE A BURDEN To rHE CONDOMINIUM UNITDESCRIBED tN SCHEDULE A, As
CONT^INED IN INSTRUMEM RECORDED NOVEMEER, 19. 1984, IN BOOK 4OO AT PAGB
oz/za / zgo:J tJ: tz tiA.f,
FI8,28.2003 8:l0AM
24. BXISNNC LEASES AND TENANCIES.
PRUDEMIAL GORE RANGE PR
ALTA COMMITMENT
SchcdulcB-Scqior2
(E*ceptiorul
@I orol{0,43i8-P. f-
OurOnderNo. Vnn69
thc pollry or polldec to be lsnuod wltl contrln ercedhns to thc folowlng unlas thc suc are dlrporedof to the ratirlsdlon ottlre Compary: 'r--! -- sv 'qu
Z1}2, RATIFICATION THIRE-TO RECORDED MARCH E. I99OIN BOOK524 ATPAOE II3,FIRST AMENDMENT TO CONDOMINII'M DECLARATTON RECORDED DECEMBER.z,, 1969 INBOOK 520 AT PAGE 306, SECOND AT}4ENDMENT TO CONDoI{INII,M DECI.ARATIoN R.BCoRDEDMARCIIzg. I99O IN BO.OKJ2s ATfACE 640, AND TITIRD AMENDMENT TO CONDOMINIUMDECL,{RATION RECORDED JANUARY ls, I'99r rN BooK 545 AT paar egi.
?2' EASEMENT BETWEEN VAILVILLAGB INN, INc.. A coIoRADo coRpoRATIoN, AND F & LVAIL VILLAGE INN PARTI.TERSIIIP, A COIORADO GENERAL PARTNERSIilP RECORDED JULY10, 1984lN DOOK 38s AT PACE E6l.
NorP: AGREEMENT rN coNNEc"IroN wItH sAtD PASEMENT As RECORDED JULY 10, r9s4IN EooK 398 AT pAcE s6l. DECLARATToN oF pARTIAL vAcAltoN oF *serrrslrr wrsRBCORDED
'I.IIY
E, I9E5 IN BOOK 420 AT PAGE ?4I ,
23. EASEMENT BETWEEN VIIJ-AGE TNN IIiiZA CONDOMINIIIM ASSOCIATION, A OOIORADONoN-tRoFl? @RpoRATIoN, vAlL vru/\cE tNN, rNc., A colrnlDoaoilpouTloN,
AND F & L VAIL V[I.A,GB PARTNER,SHIP. A COIORADO OENERAL PARiNENSHP
NECORDED ruLY IO, I9B4 IN BOOK 388 AT PAOE E62.
02/28/2003 13:32 FAI' FtB.28,2003 8:30AM
PRIJDEMIAL GORE RANGE PR
l'l0, 4378 P. ?oo"
LAND TITLE CUARANTEE COMPANY
DISCLOSTTRE STAIEIT{ENrS
Notc! Pisra ra CRS l0-l l-lU, nodce is hercby givcn rbac
A) Thc rubjce ltal poprty rrey bc toatal iu a cpacial lulag dishicl.
B) A Cgnincate of Tarcg.Due lisdng aach raring jurisdiqion na!, bc obrained fron the Co.unty
Treasurer's authorizld agont.
C) Ttle hformation regudiqg spccial disrrictr and thc boudaries of such disrricrs may be obrrined from
lhe Board of Cotttrty Cornrnlgaioncn, the County CIod< and Rccordcr, or [re Coutriy Asxsor,
Notc: Efectivc Septcmber l,_1997, CRS 30"10406 requlnr thar all documcnc receivod for Ecordlng or filing
ttt lhe clcrk q[d Ecorabr's otEce sball cortaiu a top uuryin of u l€,irt one inch uat r loft, dght and bittom
nargia of u lean one half of an inch. Itc clerk aod rccorrter rlay rcfuse to rocont c 6lc any docum6t ftu
dops nor conform, erccpt that. the rcquinocat for tbF top mrrgin slull aor rpply to do.nlfrlots urhE forns
on whiclr aPqoe ls povtded for rtcording o fili4g idornrtiou u rha op nagir of 6c rtoourmt,
Notc; Colorado Division of Incumce Regulrrlonr 3-5-1, Paragraph C of fuiiclc VII rcguircr rDlt 'Everytitlc euity rhntl be rceponeiblc for all malcn wilch rDpcrr of rcotd prior ro the rirac oi recordhg
wheirever lhe tldc eutity coaducu tbe clotkg ud is rcsponrible for rcording or filing of legrl
docrmentr rtrultiry fiom the traaraction which war closcdi, hovidcd tar Land tiuJ Gurr$rso
Company conducts tbe clodq of rhc insued lransaction ud is rcrponribte for rccordiqg rh€
logal doaments from fie lramaction, cxcaprion nut ber 5 will miappear on rhe owncr's Title
Policy ad rhe Lcnders Policy vhen isand,
Noto: Affiroativp racclroJc'r licn pmrraion for ihc otruor nry bo av.ilable (rypically by dcletion
of Erc4tion no. 4 of Scicdule B. Sccdon 2 of the Cornraimcor fmrn rUe Owner-,s poiict, to bs
isucd) upor conpltancc ryiA tho fotlowlag oonilitions:
A) IXc land dcscriDcd it| &bodnlc A of tltis connirmcor mrst ba a ringlc family rtgirtcnce rvhlch
lncludcr a coruloolniuar or nmhourc uit,
B) No labor or uatcriah hn|e kr furdfied by Ecc,bmicr or n$arid-mcn for purDogcg of
consmlcti@ otr he lrnd descrtbed tn Sdrcdulc A of rhis Oonmthctrr wthin tha pu 6 nronthr.
c) Tbe compury murt rcccivc ar approprhto affidrvlr lndcmnifying thc compary atsbr uFflcd
rnochaqic'r and mabrisl-mcn,e licns,
D) The Coopany ourt rccclvc paynent of rhc 4pmpriatc prcmtum.
D If ftcrc bac bcn colutncrlon, irnprovrors or najor rcprirs uderrrkcn on the propcny o bc purchard
within six noubr prior m ihc Detc of rhc Connirurcnt" rhc rcquirmenrs b obhin oovcngc
for uuecordcd licnr wtll inclrtrlc: dbclogure of ccrtgin conrmrctlon hfonnnlon; finruciat iuformnior
as to 6E rdlcr. Oe builder and or &r onurctor; p4roeor of bc appopriatc prulriun fully
cxccutrd hdarndty Aglccmpnts sarirfacrory rc the conprny, rnd, any addirioorl rcquinrrcnts
rs may bc nccc*ary aftcr ur crunirration of rhc rforcuid infounarton by the Coruprry.
No coverage will be givcn under any circumstance for labor or maerial for which rbc insurpd
has conractod for or agrcod to pay.
Notc hwuanr to CRS 10,11.123, nodoo ls hcrcby glvcn:
A) Tbat rbere ir rccorded cvidcttcc that a mimrd egttte hrr bccn rcvcrcd, hared, or othcrrvirc
colwcycd fron the rurface e*atc rnd rhet thc(t ir a rubetrnrid Ubuhood thrt a third prny
. boldc rorc ot aU imrtst in oil, gas, otbor nlmrals. or geotlcrmrl encrgy in rhs propcrty: aod
B) Tbat such rtincrl cat te rmy imludc tha rtgfu ro c6rcr aod wc fio propefly uri0root tlrc
rurfrcc oma' a peruieslon.
Tlis notice applicr lo ownorrs policy comitmenrc contalulug a mlncrrl ravcnncc insulmenr
excepdon. or crcrldom, in $chcdulc B, Sccrloa 2.
No$ing hereln coutaincd will be dcemed rc obligrte rhr compury ro provide any of rho covueges
refened to horoin unlets $e rbove condidonc art fully srtified,
form DrsclostnE glgu v.e 1.o
Va/ 10/ 4r,u., IO; 'it Z -trA.A'Ft0. 2s, 2oo3 8:3oAir|
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JOINT NOTICE OF PRIVACY POLICY
Fidelt/ Nertond FlnrlctEl crup of ffi"trffi. rruorano" Conpauy and
Jrly l,2llt)l
In the courre ol our budness, we may coltcct Pcffonal htorDsllor sbout you from the foltowlng sour,ces:
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ftitr tX?tfl'fiffiffiffi1}Sr*govcranenal anirica rhar wF oithcr obrrin dincrly ftom rhose
rrom cotugnet ot othcr rEEoniry agcniiol.
our Pollcia Rqrrdlng the ltoteclon of the corrEdontfutily anrt gccurlry of your hrsonal rffonnetion
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Righ ro Accegs Your PeFoml Intormstlon rud Ablllty to comlc{ Erron or Requert changcr or peletionffitrffi*sn#fffi{ lj;,cgncllon, ueadrlcot or delelcnugc a rcasonrble fec lo covc
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rom Pll v.PoL.Cilt
COUNTY, COLORADO
SURVEYORI S CERTIFTCATE
I do hereby certify EhaL I am a reglstered Land Surveyor licensed under
the laws of the State of Colorado; that this condominlum map is true, correct,
and complete; that such condominium map was rnade from an aceurate survey of
said property by me and under my supervision and correccly shows the hortrzontal
and vertlcal locatlon and dimensions of the condominium unlts, parcels, end
easements of said condominlum map as the same are staked upon the grouad ln
cornpllance with applicable regulatlons governlng the subdivislon of land.
In witness
A.D. \qt6
Land Title Guarantee Company does hereby certl-fy that
Title to all land s shown upon rhls ttap and that such Tiall llens,t'qn!* and encumbranceeLexce.pt as follows:
rof
it has examined the
is free and clear of
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Land Tltle Guarantee Company
This condomlniun
mlnistrator this
ZONING ADMINISTRATOR
Zon
Tor,rn of Vall Zonins,), e,.o, 16 -Ad-
o
ofTown Val1
lnistraEor
Town of VaiI
|la wj)
6^tApril 15,2003
Mr. David Baum
Fritzlen Pierce Architects
1650 East Vail Valley Drive
Fallridge C-l
Vail, Colorado 81657
RE: Alpenrose / DRB03-0072
Dear David,
Pwsuant to our brief conversation this aftemoon, I am writing this letter to clari$ the
policies and procedures ofour department in regard to design review applications.
Any item that is scheduled on a DRB agenda, whether it is for final approval or only
conceptual, is made formal on the agenda at our staff meeting the Tuesday moming prior
to the Wednesday DRB meeting. The agenda is then published and placed on our Town
of Vail website.
When we last spoke, one week ago, you were uncertain of the disposition of the proposal
and stated that either you or Bill would be in touch with me. After leaving you a phone
message yesterday moming and not receiving any respons€, I made the determination
that your office was still drafting the revised plans and went into our staff meeting with
no information to the contrary. When asked of the presen! iteration of the Alpenrose
plans, I had no other option but to say that I had not received anything and did not know
the intentions of your client, with whom I spoke last week as well.
Please understand that it is not common protocol to submit plan revisions the evening
prior to a DRB meeting.
Sincerely,
Matthew R. Gennett
Town Planner
FtLt 80Pr
Department of Community Development
75 South Frcntage Road
Vail, Colorado 81657
970-479-2 r 38
FAX 970-479-2452
wwwci.vail,co.us
April 18,2003
Mr. David Baum
Fritzlen Pierce Architects
1650 East Vail Valley Drive
Fallridge C-1
Vail, Colorado 81657
RE: Alpenrose / PEC03-0020
Dear David,
Please contact me at your earliest convenience regarding the application referenced
above.
I need to have a staffmemorandum done on this project by the end of the day on
Monday, April 21, 2003. As you are aware, this is a Major Amendment to an SDD and
requires a great deal ofresearch and analysis to make the proper findings. Ifyou are still
proposing changes to this project that deviate from its original form, I would strongly
suggest that you request a tabling to a later PEC hearing date.
It is now 3:00pm on Friday, April 18, 2003, and I have not received any new plans or
communication from your offtce. Again, please call me to let me know your intentions,
and those of yorn client. Thank you.
Matthew R. Gennett
Town Planner
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statenent Nuniber: R030003?30 Anount: 95' 000'00 03/24/-20o3-o2224 I|ttl
Payment Method: check
""tHr1"il lxss rleach
EnterPriEeE lnc
Permit No: PECO3OO2O Type: PEC -Major SDD Amendrneng
Parcel No: 210108256005
site A.ddress: 100 E MEADOW DR VAIII
L,ocation: A1penroBe ReBtaurant 1OO E Meadow Dr #5
Total Fees:
TOtAl AI,IJ PMTE:
Balance:
$5, oo0 . oo
$6, 000.00
$0.00Ttrie PaYmenE:$5, 000.00
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ACCOUNT ITEM LIST:
Account Code Descri pti on Current Plnts
pv 00100003112500 PEC APPLICATIoN FEES 6'000'00
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Mllage Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section l. Purpose ofthe Ordinance
The purpose of ordinance No. 21, series of 2001, is to adopt a revised Approved Development plan
for Special Development District No. 6, Vail Village Inn, phase lV, Vail plaza Hotel. The Approved
Development Plans for Phases l, lll & V remain appoved and unchanged for lhe development of
Special Development District No. 6 within lhe Town of Vail, unless they have otheMise expired.
Only the Approved Development Plan for Phase lV, the Vail plaza Hotel is hereby amended and
adooted.
Section 2. Amendment Procedures Fulfilled. Plannino Commisslon Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
Dishic{ No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved Development Plan for
Phase lV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Tov/n of Vail
Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the
Town of Vail by the Vail Town Council and lhe Planning & Environmental Commission, and has been
established since there are significant aspects of the Speciat Developmenl District that cannot be
satisfied through the imposition of the standard Public Accommodation zone districi requirements.
Section 4. Develooment Standards - Special Development District No. 6, Vail Village lnn,
Phase lV, Vail Plaza Hotel
O.dlnanco No. 21. Series of 2001
Developm€nt Plan-
The Approved Development Plan for Special Development District No. 6, Vail Mllage Inn, phase lV
Vail Plaza Hotel shall indude the following plans and malerials prepared bv Zehren and Associates.
lnc., dated April 4, 2000 and stamped approved by the Town of Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Reviaiv Board)
A. Site lllustrative Plan
B. Sit6 Mgnettes Key Plan (noted 'rrr i/rusra tion puposes onffi
C. Site Mgnettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1/2
J. LevelTwo
K. LevelThrce
L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
O. Str€et Sections (Vail Road ElevatorvNorlh Frontage Road Elevation)
.R. Plaza Sec{ions (South Plaza Elevation/East Plaza Elwation)
S. Building A El€vations
T. Building A Sec-tirns
U. Building B Elevations
V. Building B Secilons
W. Building H€ight Phn 1 146uo1u," Heights/tnbrpotated Conburs)
X. Building Height Plan 2 (Maximum HeQht Above Graddlnterpotated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
!
Ordnace No. 21. S€rie! o{ 20Ol
BB. Streot Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DO. Landscape lmprovements Plan
EE. Off-site lmorovements Plan
Pemitted Uses-
The permitted uses in Phase lV of Special Development District No. 6 shall be as set forth in Section
12-7 of the Vail Town Code.
Condltlonal Uses-
Conditional uses for Phase lV shall be set forth in Section 12-7 A-3 ot the Town of Vait Zoning
Regulations. All mnditional uses shall be reviewed per the procedures as outlined in Chapter 1216 of
the Town of Vail Zoning Regulations.
Ilensity- Unfts per Acre - Dwelling UniE, Accommodation lJnits, & Fractionat Fee Club Unifs,
The number of units permitted in Phase lV shalt not exceed the following:
Dwelling Units - |
Acrom modation Units - 99
Fractional Fee Club Units - 50
Type lll Employee Housing Units - 18
(38 employee beds totaling 9,618 square feet of floor area)
Density- F/oorArea
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinancs.
Setbacks-
Required setbacks for Phase lV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback along Vait Road shall beaminimumof 16'.
Height-
The maximum building height for Phase lV shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase lV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), al any given point to the top of a flat rool or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage-
O.dinarEe No. 21. Series of 2001
The maximum allowable site coverage for Phase lV shatl be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and loading/delivery berths for Phase lV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinanc€.
In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other
than a tenant, occupant or user of the building for which lhe space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to
the approval of the Town of Vai..
Section 5. Approval Aqreements for Special Develooment District No.6. Phase lV, Vail
1.
Plaza Hotel
That the Developer submits detailed civil engineering drawings of the required otf-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements,
Vail Road landscape median improvements, etc.) as identified on the off-site improvemenls plan
to the Town of Vail Public Works Department for review and approval, prior to application for a
building permit.
That the Developer submits a detailed final landscape plan and final architectural elevations for
review and approval of the Town of Vail Design Review Board, prior to application for a buildinE
permit.
The SDD approval time requirements and limitations of Section 12-gA-1|2 shall apply to
ordinance No. 21, series of2001. In addition, the phasing of the construction of the hotel shall
not be permitted.
That the Developer submits the following plans to th6 Department of Community Development,
for review and approval, as a part of the building permit application for the hotel:
a. An Erosion Control and Sedimentation Plan;
b. A Construction Staging and Phasing Plan;
Ordinance No. 21. Se.ies of2001
c. A Stormwater Management Plan;
d. A Site Dewatering Ptan; and
e. A Traffic Control Plan.
5. That the Developer receives a conditional use permil to allow for the construction of 18, Type lll
Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of
floor area.
6. That the Developer submits a complele set of plans to Ore Colorado Department of
Transportation for review and approval of a revised access permit, prior to applicztion for a
building permit.
7. That the Developer meets with the Town stafi to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
8. That the Developer submits a complete set of plans responding to the design cpncems
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12l13/99. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Revial Boad approval.
9. That the developer records a public pedestrian easement between the hotel and the Phase lll
Condominiums and between the Phase V Building property lines. The easement shall be
pr€pared by the developer and submitled for review and approval of the Town Attorney. The
easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Certificate of Occupancy,
10. That the Developer record a deed-restriction, which the Town is a party to, on the Phase tV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked
if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions
for vehicle parking have been made to accommodate the public use of the spa. The restiction
shall be remrded prior to the issuance of a building permit.
1 1. That the Developer submits a final exterior building materials list, a typical wall-section and
complete color rendering for review and approval of the Design Review Board, prior to making
an application for a building permil.
tuinanca No. 21. S€des of 2001
12. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for
review and approval of the Design Review Board, prior to the issuance of a Temporary
Certifi cate of Occupancy.
13. That the Developer submits a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design ofthe hotel and enclosed and screened
from public view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125%
of the total cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a building permit.
15. That the Develoier installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts between
pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy.
16. That the Developer studies and redesigns the entrance on the north side of the hotel across from
the entrance to the Gateway Building to create a more inviling entrance or a design that redirects
pedestrians to another enlrance. The final design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. That the Developer coordinate efforts with the owners of the Gateway Building to creale a below
ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. lfa coordinated effort can be reacneo
the Developer shall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the vail Plaza Hotel to provide freight
elevator access to the lowest level of the parking slructure. The revised plans shall be submitted
to the Town of Vail Community Development Department for review and approval prior to the
issuance of a building permit.
19. That the Developer, in cooperation with the Town of Vail public Works Department design and
construct a left-turn lane on Vail Road and reconfigure lhe landscape island in the South
Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certificate of Occupancy.
20. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facilitv shall not be
Ordinance No. 21, Series of 2@l
unduly restricted for Special Development District No. 6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facility shalt only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The final determination ofthe use ofthe facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer lmprovement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit.
23. That the Developer record Type lll deed-restrictions of each of the required employee housing
units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary .
Certifi cate of Occupancy.
24. That the required Type lll deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership transfer with the deed
to the hotel property.
Section 6. Aoproval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
'1 , 2003, and continue diligently toward lhe completion of the projecl lf the Developer does not begin
initial construction and diligently work toward the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
lf any part, section, subsection, senlence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 21, Series of 2001
Section L
The repeal or the repeal and re-enactment of any provisions of the Vait Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the efiective date hereof, any proseculion commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed of superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be conslrued to revise any
bylaw, order, resolution or ordinance, or part thereol heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE lN FULL ON FIRST READING this 21'.r day of August, 2001, and a pubtic hearing for second
reading of this Ordinance set for the 4h day of September, 2001 , in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ludwig Kutz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
REAO AND APPROVED ON SECOND READING AND oRDERED PUBLISHED this 4M dav of
September, 2001.
Ludwig Kuz, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
O.dinance No. 21, Seri$ ol200l
Attachment: B
ORDINANCE NO. 15
SER|ES OF 2001
AN ORDINANCE ADOPTING A REVTSED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE II, TO
ALLOW FOR THE CONSOLIDATION OF TWO EXISTING RESIDENTIAL DWELLING
UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Patricia and Gerardo Schroeder, as owners of the subject Phase ll
property, have submitted an application for a major amendment to Special Development District
No. 6, Vail Village Inn, Phase ll; and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development
Plan for lhe Vail Village lnn Special Development District, Phase ll to allow for the consolidation
of two existing residential dwelling units; and
WHEREAS, the revised major amendment to the Special Development District is in the
best interest ofthe town as it meets the Town's development objectives as identified in the
Town of Vail Comprehensive Plan; and
WHEREAS, in accordance with.the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment
apdication; and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed
criteria for a major amendment and has submitted its recommendation of approval to the Vail
Town Council; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS. the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase lli and
whereas, the approvar of the major amendment to speciar Deveropment District No. 6,
Vail Village Inn, Phase ll and the development standards in regard thereto shall not estabtish
precedence or entitlements elsewhere within the Town of Vail; and
whereas, the Vail rown council finds that the proposed major amendment to special
Development District #6, Vail Village Inn, complies wilh the nine design criteria ouflined in
Section 12-9A-8 ofthe Town of Vail Municipal Code. The applicant, as required, has
demonstrated to the satisfaction of the Council that any adverse effects of the requested
deviations from the development standards ofthe underlying zoning are outweighed by the
public benefits provided or has demonstrated that one or more of the develoDment standards is
not aPplicable, or that a practical solution consistent with the public lnterest has been achieved.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 4, Series of 2000, is to adopt a revised Approved Development
Plan for Special Development District No. 5, Vail Vitlage Inn, Phase ll. The Approved
Development Plans for Phases l, lll, lV & V remain approved and unchanged for the
development of Special Oevelopment District No. 6 within the Town of Vail, unless they have
othen^,ise expired. Only the Approved Developmenl Plan for Phase ll is hereby amended and
. adooted.
Section 2. Amendment Procedures Fulfilled. Plannino Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission of approval for a major amendment to the Approved Development
Plan for Special Development District No. 6, Vail Village lnn, Phase ll, Requests for amendments
to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the
Vail Municipal Code.
Section 3. Soecial Development District No. 6
The Special Development District and the Major Amendment to the Approved Developmenl Plan
for Phase ll are established to assure comprehensive development and use of the area in a
manner that would be harmonious with the general character of the Town, provide adequate open
space and recreation amenities, and promote the goals, objectives and policies of the Town of
Vail comprehensive Plan. Speciar Deveropment District No. 6 is regarded as being
complementary to the Town of Vail by the Vail rown council and the planning & Environmenlal
commission, and has been established since there are significant aspecis oflhe special
Development District that cannot be satisfied through the imposition of the standard public
Accommodation zone district requirements.
seclion 4. Development standards - special Development District No. 6, vail village
Inn, Phase ll
Development Plan-
The Approved Development Plan tor Special Development District No. 6, VailVillage Inn,
Phase ll, prepared by Royston, Hanamoto, Back and Abey on February 12, 1926, shall be
hereby amended to include the following plan amendments prepared by Fritslen pierce
Architects, Inc., dated May 25, 2001 and stamped approved by the Town of Vail, dated
August 7, 2001:
A. Proposed Entry Plan;
B. Proposed Second Level Plan;
C. Proposed Third Level Plan:
D. Proposed Roof Plan;
E. Proposed South Elevation;
F. Proposed North Elevation;
G. Proposed West Elevation.
Permited Uses -
The permitted uses in Phase ll of Special Development District No. 6 shall b€ as set forth in the
development plans referenced in Section 4 of this ordinance.
Conditional Uses -
Conditional uses for Phase ll shall be sel iorth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
Density- Units per Acre - Dwelling UnlE
The number of units permitted in Phase ll shall not exceed the following:
Dwelling Units - Two
Density- Floor Area
The gross residential floor area (GRFA), common area and commerciar square footage permitted
for Phase ll shall be as set forth in the Approved Development plans referenced in section 4 of
this ordinance.
Specificallv:
Gross Residential FloorArea: 4,098 square feet
Commercial Floor Area: 6,473 square feet
Setbacks--
Required setbacks for Phase ll shall be as set forth in the Approved Development plans
referenced in Section 4 of this ordinance.
Height-
The maximum building height for Phase ll shall be as set forth in the Approved Development
Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, phase ll,
calculations of height shall mean the distance measured vertically from the existing grade or
Jinished grade (whichever is more restrictive), at any given point to the top of a flat roof, or
mansard rool or to the highest ridge line of sloping roof unless otherwise specified in Approved
Development Plans.
Site Coverage-
The maximum allowable site coverage for Phase ll shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase ll shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and loading/delivery berths for Phase ll shall
be provided as set forth in the Approved Development Plans r€forenced in Section 4 of this
ordinance. In no instance shall Vail Road or the South Frontage Road be used for
loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail.
The required parking spaces shall not be individually sold, transferred, leased, conveyed,
rented or restricted to any person other than a tenant, occupant or user of the building for which
the space, spaces or area are required to be provided by the Zoning Regulations or ordinances
5
_t
of the Tot /n. The foregoing ranguage shafl not prohibit the tomporary usc of the parking spacos
for events or uses outside of the building, subjecd to the approval of the Town of vail.
section 5- Aporoval Aoreements for soecial Develooment District No, 6. phase ll
1. The applicant shall submit a revised condominium map to reflect the approved
amendment for review and approval by town staff by no later than June 25, ZOO2,
Section 6.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affec{ the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it rrould have passed lhis ordinance, and
each part, section, subsection, senlence, clause or phrase thereo( regardless of the fac{ that
any one or more parts, sections, subsec{ions, sentences, clauses or phrases be dedared
invalid.
Sectlon 7.
The repeal or the repeal and re-enactment of any pmvisions of the Vail Municipat Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violalion that occurred prior to the efiective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacled. The repeal of any provision heeby shall not revive any provision or
any ordinance previously repealed or supeGeded unless expressly stated herein.
Sectlon 8.
All bylaws, orders, resolutions and ordinances, or parts thereol inconsistent heEwith are
hereby repeated to the extent only of such inconsistency. The repealer shall not bo constru€d
to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealod.
INTRODUCED, READ ON FIRST READING. APPROVED. AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READ|NG this 1oih day of July, 2OOl, and a publio
hearing for second reading of this ordinance set for the 7h day of August, 2001 , in the council
Chambers of the Vail Municipal Building, Vail, Colorado.
nfu4pC^^
Ludwig Kurz, Mayor
READ AND APPROVED ON SECOND READING AND oRDERED PUBLISHED this 70 day ot
f''t rHrA'pd'rL
v
Ludwig Kurz, Mayor
Lorelei Donaldson, Town Clerk
August, 2001.
,{')
-5-
subiect to the issu:rnce of :r conditional use per.mit in accordance with
.the provisions of Chflpter 1g.60 of ute Llunicipzrl Code of the Town of
Vtr i 1.
Section 8.A11 a ccessory
uses as defined in the public accommodation district, Chapter 1g.22
of the l,lunicipnl Cocle o.t the Tourn of Vail.
Section g. Det,elopment standards. The follolving
stnnclards are minimum clevelopment st,and,ard.s ln special
A. Lot area :tnd site dimension.
The special dist!.ict shall consist of
4. O05 ncres .
an area totaling
B. S etbacks
The reqrtired setbacks shall vary as indicated in the
developmc[t pran proviclirg space for pranting ancl an a.cceptable
reLationship to ndj,tcent property o.ners. ' portions of commerciar
sprce may abutt :c souflr propert,y line.
C. Ita i gtr t
It i.s te intant of the Torvn Council. t,hat the height llmlts
:tnd ranges of the buitdings const.ructed rvithin speciat development
district #6 sboulrt be as low as possible and as outlined on development
plan and model of Gorclon n. pierce, Architect. In no event shall the
average heigrrt of the bui.ldings constructed in special deveropment
#6 exceed 45 feet. llt rc level of detail presently ava-ilable to the
Torvn Council, it is Dot realistic to tie down a precise maximum
elevatl.n' The finnl des.igns rvith regard to elevation wlr.r d.epend upo[
further detailed study and proJeetion of the building mass on to photos
of the actual site condition. lt is the intent of thls ordinnnce that
the heighi m:rssing of the building dcvelopecl in special development
distrlct #6 maintain re (lur.llty rnd feeling of vail village a.rong Efl.st
Meadorv Drive lnd that t\to story elevatiotrs a,re the predominent height.
Thls trvo story elev,rtion height cnn vary upward or downrvn.rd by h&lf a
level.
D. De'nsity contror. The gross resi.clentinl froor a.rea devoted
to accommod^tion units $h:r1l e.\ceed jhu g"o"= resid,ential floor .rrea.
devoted to drvcllj.ng units. For a.ll phases of the development, the
foI1owing stnncl:rrds shnll npply:
,:.development : ';i ,
distrlcts': . ,.:.:
Attachment: C
Pha.s e
-6-
Dwelling or
Accommoda.t i.on Un i ts
4
29 dwelling
185 accommode.tion
3 employee unlts
10 dlel I ing
3 employee un its
GRFA
3,315
44,830
74,470
.2 ,70o
15,585
.1,000
provided as set forth on
be no less .than 350 spaces
II
III
IV
Plr ase Commer.cial space/square feet
16,128 square leet
6 ,473 tr tr
10,600 t' ''
. 14,800 " "
6'850 " "
Total cornmercial space 54, g51
Convention space = Total 16,611 square feet.
Bullding Burk contror. Buildirig burl( contror naximum rvarl
maximum dimensioDs for. building elements requirements for wall
and vertical stepping of roof lines sball be j.ndica.ted on the
the approved development plan, by Gordon R. pierce, Architect.
Site Coverage. Tbe site area to be covered by.the buildiigs
as generally indicated on the development p1an, but in no. case
exceed 55 percent of the total site area.
T
TT
III .
IV
+!
Iength,
of fse ts
model of
F
shall be
shall it
required
lrlunicipal
Usable open spac,e. Usable open space snati be provided as
in public accotrmodation district Chapter Lg.ZZ of the. ValI
Code.
ll. Landscaping and site rlevelopment. At least rlrty percent
of the total site area shal,l be lanclscaped a.nd plaza a.rea, Landscaping
and other site developments shall observe the landscaplng concept a-s
indj.cated in the approved clevelopnent, plan.
I0. parking and loading.
1. pa,rking and loading shrll bg
the approved development plan. There shall
withj.u the main buj.lding or buildings.
Attachment D
VAIL VILLAGE INN
Chapter
SPECIAL DEVELOPMENT
L8 .50
DISTRTCT 5 (SDD5)
Sections:
18.50.010 EstablishedL8.50.020 PurposeL8.50.030 Developrnent plan--Approval procedure
L8.50.040 Development plan--Contents
18 .50.050 Pemitted Uses18.50.060 Conditional Uses18.50.070 Accessory Uses18.50.080 Development Standards18.50.090 Lot Area and Site DimensionsL8.50.100 Setbacksl-8.50.110 Distance Between BuildinosL8.50.120 Height18.50.130 Density18.50.140 Building Bulk18.50.l-50 Coverage18.50.160 Open SpaceL8.50.170 Landscaping and Site Development18.50.180 Parking and LoadingL8.50.190 Fireplaces18.50.200 Conservation ControlsL8.50.210 Recreational Anenities Tax
l-8 .50.220 Li:nitation on Existence
18 . 50 .23 0 Arnenities
18.50.010 Established
Pursuant to the provisions of Chapters 18.02, 18.40 and 18.G6,as arnended, Special Developrnent District 6 (SDD6), a Special
Development zone district, is established for the developnenton a certain parcel of land conprising 3.455 acres in the VailVillage area of the town, and the zoning ordinance and theofficial zoning map are arnended by the addition of thischapter, which sha11 become Chapter l-8.50, the caption of whichshall be trspecial Development District 6rr and a map which shal1
become an addition to the official zoning nap.(ord 7, !976; Ord g, 1923)
l-8.50.020 Purpose
A Special Development District is established to assure
comprehensive development and use of an area in a manner that
would be harmonious wlth the general character of the Town,provide adequate open space and recreation arnenities, and
c.
D.
SDD6
promote.the objectives of the zoning ordinance of the town.ordinarily, a special deveropment district will be created onlyvhen. the development is regarded as complernentary to the townby the Town council , planning and Environrnental Lornrnission, andDesign Review Board, and theie are significant aspects of thedevelopment which cannot be satisfied under the e-xistingzoning. (Ord l-4, L}BT i Ord 7, ),976; Ord 8 , Lg73)
18.50.030 Development plan--Approval procedure
A. The developrnent plan for the Vail Village fnn, which ispart of its application, shall be incorporated byreference, and made a part of special Development nistrict6 and constitutes a general plan and guide for developmentvithin the special developrnent, district.
Amendments to the approved development plan which do notclrange its substance and which are ful1y recommended in areport of the Planninq Conmission may bi approved by theTown council by resolution.
The environrnenta] impact report and a supplemental reportfor each phase of construction which shall be subrnitteA tothe zoning administrator in accordance with Chapter L8.56,prior to the conmencement of site preparation, Luildinglconstruction, or other irnprovernents of open space. Eachphase of the development shaLl reguire review- andrecomnendations of the planning Cornroission and approval bythe Town Council_.
Each phase of the developrnent shall require the priorapproval of the Design Review Board in accordance with theapplicable provisions of Chapter 19.54. Each phase shallbe reviewed by an outside consultant at the expense of thedeveloper, who shall give their reconmendation! to theDesign Review Board. The development plan sha1l beamended to reflect architectural detail of eaqh phase.(ord 7, L976; ord 8, 1973)
18.50.040 Development plan--Contents
The proposed development plan shall include, but is not rirnitedto, the following data as amended by exhibits provid.ed byconsul-t,ants Roystson, Hanamoto, Beck and Abey, on February J.2,
197 6:
A. Existing and proposed contours after grading and sitedevelopment having contour interrals oi not more than twofeet and prelirninary drainage plan. Supplementaldocumentation of proposed contours and drainage shall besubrnitted to the zoning administrator with the plans foreach phase of the development.
R
c.
D.
E.
SDD6
A site plan, at a scale of one inch equals forty feet orlarger, showJ.ng the locations and dinensions of allbuildings and strrrctures, uses in the buiLdings, and allprincipal site developnent features such as landscapedareas, recreational facilities, pedestrian plazas andwalkways, semice areas, driveways, and off-street parking
and loading areas.
A prelininary landscape plan, at a scale of one inchequals forty feet or larger, showing existing landscapefeatures to be retained or removed, and showing proposed
landscaping and landscaped site development features such
as outdoor recreational facilities, bicycle paths, trails,pedestrian plazas and waI]$^rays, water features, and other
elements.
Schenatj.c building elevations, sections and floor plans,.
at appropriate scales, in sufficient detail to detertninefloor area, general circulation and use location, andgeneral scale and bulk of the.proposed developnent.Specific detail for these iterns and the appearance sha1l
be submitted on a phase basis.
For Phases I, II, and III , a volumetric model as amended
by consultants Royston, Hanamoto, Beck and Abey on
February J-2, l-975 of the site and proposed development
documented by photographs at a scale of 1 inch eguals J-6
feet or larger, portraying the scale and relationship of
those phases of the developrnent to the site and
illustrating the forn and mass of structures in said
Fhases of the development. For Phases Iv and v, a
volumetric model as amended by Gordon Pierce, Architect,of the site and the proposed development at a scale of 1
inch equals 20 feet, portraying the scale and relationshipof the developnent of Phases IV and V, to the site and
illustrating the form of mass of structures in said phase.
A phasing plan of the proposed development indicatingorder and general tirning of construction phases. arnenities
and proposed interim development. (Ord 14, L987i ord 7,
1976; Ord 8t L973)
L8.50.050 Perrnitted Uses
The pernitted uses in Phases
Development District 6 shall
development plans on file in
Development Department. (Ord
I, 11, II1, IV and V of Special
be in accordance with the approved
the Town of Vail CornmunitY
!4, L987, ord 7, !976, Ord 8, 1973)
Conditional
Developrnentof the Vail
uses for phasesDistrict 6 shalLzonlng Code and
T., IT, rrl, IVDe as found inas below:
"ld y. of Specialbec!,lon L9.22. O3O
SDD6
A. A Popcorn outside vend,inq i{aoon 1-h^f ^^-c^_appearance urrh those "*i=rig:t.!h:t
conforms inconmercia, !?." fi: ;#;;i:i::i5:iH";:::r":::;.r.f,:9"ctearly ".":::l.y-i:.; niii:rt:t _use witt be allowed onil;':'3;l +:"il;i: iH{:'il;Iia .'}t=r;ii',ii reBT; ord 22,
18.50.070 Accessory Uses
lil.:!:::=3::.H,""- as derineo in firS_zulr.ic Accornnodarion zone7 , L97 6; or. 8 , irrtli 22 . o4o , shaLl be penrittea -li
sDDG . (ord
18.50. 080 Developnent Standard,s
The development
18.s0.230 are ,nrl!-]|dt:ds set out in sections 18.roev"r of ,ne". - iil'iii:i'. :"I;lFry;1, ; iJ;:;;:"i"'3; 33; 3i
0 throush
18.50.09o Lot Area and Site Dimensions
The special distr,.i":_=lull.consist^of-an area totalJ.ing 3.455i;;;i as speciried in section ie'lso.oro. ioii i-,-irrr,. ord 8,
18.50.100 Setbacks
The required, setba*"I. :l1ff vary as indicated. in thelilll:pl:nt pran, proviaini ;;;:.acceptabl. .iiitr-onship to aala""*for_pranting and ancne cornnercial s
1e7 6 ; o.J- j, -ig-pu""' i5v'Ioi."if;5".'"1iln;::;:il" ifi:]'"io:5 r,
19.50.L10 Distance Between Buildings
{:irilff:=ol'"jrtJ^1ld rTI the ninirnura disrance berweendevelopne.,t pruil"-ent sites shall_be. u=- i"ai"utli'ir, trr"::I-:l=;=''i'liji il'.il *iJffi :illl u"'i".i t=ilan so reer.
iiiii:lt lii":.;l:r i_n" 1 ='.i;i'i:'.::;'iryfti'e':i:1"il:iiTli""l"
+2a7, .."i.la-iif9l rl"rce, Archit!"tt ra.i"i-rIilury rr,(ord'14, i;;;r-5r]1 14 and April 17, igriii.-* ^="''c1 7, 1976,. Ord g, Lg73)
I
:
I
i
*
SDD5
L8.50. L20 Height
A. For Phases I, If. and III the allowable heights shall beas found on the development plan, specifically the siteplan and height plan dated 3/12/76.
B. For Phases IV and V, the maximum building height sha1l beas set forth in the approved development plan by GordonPierce, Architect (dated February 19, Igg7, revised April14, and April 17, 1987).(ord 14, L987i Ord7, L976, Ord 8t 1973)
L8.50.130 Density
The Gross Residential Floor Area (GRFA) of all districts in theSpeci.al Development District sha11 not exceed L2O,6OO squarefeet. There shalI be a minimurn of l-49 accommodation units and
67,367 sq1rare feet of GRFA devoted to accommodation units in
Phases IV and V of Special Development District 6.
L8.50.140 Building Bulk
Building bulk, naximum wall lengths, rnaximum dimensions forbuilding elements, reguirements for wall offsets and verticalstepping of roof lines for Phases I, If and IIf sha1l beindicated on the development plan subnitted by consultants,Royston, Hanamoto, Beck and Abey on February 12, L975. For
Phases IV and V, building bu1k, rnaximum waI1 lengths, maximumdinensions for building elements,.requirements for wa1l offsets
and vertical stepping of roof l-ines shall be as indicated asper the approved development plans submitted by Gordon R.Pierce, architect (dated February L9, 1-987, revised april 14
and April 22, 1987). (ord L4, L987; Ord 7, t976; Ord 8, L973)
L8.50.150 Coverage
The site area to be covered by buildings shall be as generallyindicated on the development plan, but in no case shal1 exceedfifty-five percent of the total site area. (ord 7, L976; Ord 8,
L973)
Lg.50.L50 Open Space
Useable open space shaLl be provided as required
accommodation district, Section La-22. 120. (Ord8, t973)
1n
-l
the public
l-976,' Ord
SDD6
L8.50.170 Landscaping and site developrnent
At least thirty percent of the total site area shall belandscape and plaza area. Land,scaping and other sitedevelopment sha11 observe the landicaping. concept as indicated.in the approved development pIan. (Ord Z-, Lg76; Ord. B, 1973)
l-8.50.18o Parking and Load.ing
Forlowing the cornplet,ion of phases rv and v, there sharl be notless than l-2 surface parking spaces | 324 und,erground parkingspaces, and 37 underground valet parking spacei as arl exisi.ingand as provided on the development plan-subrnitted by Gordon R.Pierce, Architect (dated. February 19, 19g7). The pioposed siteplan dated February Lg, IIBT reflects the interim lariing plansbetween the developrnent of phases IV and V.(ord 14 | L987; Ord 7, 1,976, ord 8 , Ig73)
18.50.190 Fireplaces
Firepraces shall not be perroitted, in individ.uar accornmod,ationunits. (Ord 7, Lg76; Ord 8 , Lg73)
$
t
l-8 . 50 . 2 00 Conse:rrati.on Controls
Developer shall incrude in the building construction, energyand water conse:ryation contrors as general technology exisi3 atthe tirne of construction. (ord Z, lgzai ord, 8, f.97aj
18.50.210 RecreationaL A.nenities Tax
The recreationar amenities tax due for the developrnent withinsDD6 under chapter 3.20 shalr be assessed at a raie not toexceed seventy-five cents per slJuare' foot of floor area and
9na1] be paid in conjunction wi€h constructj.on phases and priorto the issuance of a building pernit. (ord Z, iSlA; ord B;r.e73 )
1-8.50.220 Limitation on existence'
Prior to tle adoption of the approved. d.evelopment plan, theTo\./n council reserves to the Town the right io abrogate ornodify special Development Di.strict 6 foi good causi throughthe enactment of an ord.inance; provided, h5wever, that in theevent the Town council finds it to be appropriate to considerwhether to abrogate or nodify SDDG, the-iroledures shalr be inaccordance with Chapter L8.6d. (Ord 7, tila; ord I, Lg73)
SDD 6
18.50.230 Anenities
A. The developer shall provide in its approved d,evelopmentplan a bus shelter of a design and location mutually
agreeable to the developer and the Town CounciL. fheshelter to serve the area generally.
(
Attachment: E
l-_yon Fritzlen. AlA, Archilect
Willianr F. Pierce, An:lritecr
Thornas R, Du 8ois, Archibct
Stephdrie l.trrd-]olrnh)n, ArcliteL"t
David Baum, ArchiGct
Krthv Heslinga, Business Manager
March 18,2003
Unit 5
Vail Village Plaza Condominium
(Alpenrose RestauranO
Adjacent Property orarnen:
Josef Staufer
702 Sandy Lane
Vail, CO 81657
Luke Meyer
813 Potato Patch Dr.
Vail, CO 81657
Bill Rey
do Clagett Rey Callery
100 E. Meadow Dr.
VailCO 81657
Waldir Pndo
950 Red Sandstone Road
Vail, CO 81657
Johanas Faesler
do Sonnenalp Hotel
82 E. Meadow Dr.
Vail, CO 81657
Village lnn Plaza Condominium Association
c/o Peak Properties
100 Lionsridte Loop, Suite 34
Vail, CO 81657
Talisman Condominium fusociation
62 E. Meadow Dr.
Vail, CO 81657
Red Sands Corporation
Qo Vail Home Rentab, Inc.
143 East Meadorv Drive. Suite 397
Vail, CO 81657
FRITZLEN PI ERCE ARCH ITECTS
VAIt, COLORADO
Hanlon Family Partnership
385 Core Creek Drive
Vail, CO 81657
,t:
.ti
1650 Eust Vail Virllcy Drivc, Fallridgq C.i ,
Vail, Grlorado B1(rf ;
P:970.476.6342
F: 97O.476..1901
[: in{o@niLlrchircc:ts.conr
rv.*t.lai lareh i tecls,oLnr
March 18, 2003
Unit 5
Vail Village Plaza Condominium
(Alpenrose Restaurant)
Description of Request
This Proposal involves an addition and altention to the existing Alpenrose Restaurant in the Vail
Village Plaza Condominium. Additional enclosed dining space will be created on the west portion of
the south deck. The majority of the south deck will be maintained for outdoor dining while the north
deck rernain for outdoor dining.
The south expansion of the restau rant will be primarily glass providing a stront street presence on a
vear round basis.
The upper level dining space (above the bar and pastry counter) will be converted to a two story
residential dwelling unit containint 2383 sg. ft. of CRFA. This space has never been successful as a
restaurant sPace (or retail space for that matter) due to the fact it is two stories above the kitchen,
access is difficult for customers and staff, and the space feels isolated from the restaurant and the
street.
The Apenrose currently seats 71 customen. A redesign and expansion of the restau rant will provide
the same number of seats on the lower levels as exists now within the restaurant's three levels.
The Proposal does not deviate fiom the development standards of the underlying zone districl
Zoning Anallais (based on SDD #6, and Ordinance No. 15, Series of 2001 (Unib 335. 337))
l-tliil l'iii.:L:ii. .\1i. ,\ri:iriltL l
\1,i!lii!n li. fir rl.:. "1,x.irtt:r:
[h,,r:ia-. R. []ii t]()is. Ariti;::i.:i
si{?l:":':;e !-,:'r(1.j.:l}n$1l. ',ir,:}i,:r:i:
D:.,i.': 3:rlrn. Arr$ itLrr.i
Katlrr' f fu:!irq;, t|!sii rr:::; 5'1.-,n:qr::r
Lot Area
Total CRFA
Unit 5 CRFA
DU per acre
Site Coverage
Setbacks:
Front
Sides
Rear
Existine
150,282 sq. ft.
182,32s sq. ft.
none
12.75
61% or 92036 sq. ft.
Attachment: E
FRITZLEN PIERCE ARCHITECTS
VAIT, COLORADO
Proposed
no change
.l84,708 sq. ft.
2383 sq. ft.
13
61% or 92,212 sq.lt
'l
no cnante
no change
5',
5'
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Unit 5 Vail Village Condominium Zonin&Analvsis Continueo
Height 77.25' (site max)
30.8' (existin8 Unit 5)
291 spacesParking
FRITZLEN PI ERCE ARCHITECTS
VAIL, COLORADO
36.8' (proposed unit 5)
no change in number of spaces but
conversion of restaurant space should
reduce parking requirement
no change
44,724 sq. fL
Loading
Commercial Area
5 berths
25% of CRFA, or 45,228 q. ft
1tr5i) lari Vail V;ilh,,, Drirc, f Jtir,l$t (j" I ,
VAi1, (.iri+.,rd.r t! 14)S;'
?: t)it).476.6.132
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SEP. 2.2003 l0:5BAM ALPINE PARTY RI[]IALS l10 8958 P. 2
ALPENBOSE
VAIL, CO
SEATING FOR 1OO GUESTS 56 SEATS ON
UPPEH LEVEL
wwwwWW
44 $EATS ON
LOWER LEVEL
EACH TABLE CONFIGURATION FACTORS IN SIZE OF TABLE, AFEA FOH CHAIRS
AND ROOM FOR WAITEFS TO SEHVICE TABLE.
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Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us June 16.2003
Bill Pierce
Fritzlen Pierce Architects
1650 E. Vail Valley Drive
Fallridge C-l
Vail, CO 81657
RE: Alpenrose PEC Condition of Approval
Dear Bill,
The following is a summary of staff s interpretation of the intent behind the PEC's condition of approval
for the Alpenrose Major Amendment to an SDD application heard on June 9, 2003:
. The condition is intended to ensure that the new residence proposed above the Alpemose will
have two parking spaces deeded, or otherwise dedicated in an inseparable manner, as part ofthe
property which cannot be sold separately at any point in the firture.
o The applicant is not responsible for increasing the total number ofparking spaces for the entire
SDD, but only for securing the exclusive rights to two parking spaces for the proposed, new
residence.
. The applicant can meet the condition by demonstrating in writing, that ownership of two parking
spaces has been secured for the exclusive righS ofthe owner(s) ofthe proposed residence, in
perpetuity.
Ifyou have any questions or comments, please feel free to contact me directly at (970) 479-2140.
Matthew R. Gennett
Planner II
Town of Vail
t "*"*"u",
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
May 19,2003
Mr. David Baum
Fritzlen Pierce Architects
1650 East Vail Valley Drivc
Fallridge C-l
Vail. Colorado 81657
RE: Alpenrose / DRB03-0072
Dear David,
I am writing you to confirm the conceptual review ofthe application referenced above at
this Wednesday's Design Review Board (DRB) meeting.
As of now, the proposal is scheduled as item number nine (9) on the May 21,2003
agenda. The meeting will begin at 3:00pm and will be held in the Council Chambers.
Please give me a call with any questions or concerns you may have conceming your
application (47 9 -21 40).
Sincerelv.- ,4.#zHf-
Matthew R. Gennett
Town Planner
{g"nnuoruo
CQUA|TY, COLORADO
SURVEYORI S CERTIFICATE
I do hereby certify that I am a regLsEered Land Surveyor licensed under
the laws of the Scate of Colorado; that this condominium map ls true, correct,
and compleEei Ehat such condomlnlum rnap was made from an aeeurate survey of
said property by ne and under my supervision and correctly shows Lhe horlzontal
and vertical location and dimensions of the condominium units, parcels, end
easementg of sald condominium nap as the same are staked upon the grouad la
compliance vith applicable regulat.ions governing the subdiviston of land.
whereof
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Title to all lands shovrn upon this
doee hereby certify that
I'tap and that such Tiall liens,fqr!* and encurnbrances except as follows I
1r
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has exanalned the
free and clear of
Land Tltle Guarantee Conpany
Thls condomlnium
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EAST MEADOW DRtvE (40',)
.,I
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, June 9, 2003
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
John Schofield
Erickson Shirley
Chas Bernhardt
Doug Cahill
George Lamb
Rollie Kjesbo
Gary Hartman
Site Visits :1:00 pm
1. Ford Park - 530 S. Frontage Rd.
2. Front Door
3. Alpenrose - 100 E. Meadow Drive
4. 9 Vail Road - I Vail Road
5. Lionshead Mall - 600 Lionshead Mall
Driver: George
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearinq - Town Gouncil Chambers 2:00 pm
1. A request for a conditional use permit, pursuant to Section 12-TH-5, Conditional Uses, Vail
Town Code, to allow for a private outdoor recreational facility, located at 600 Lionshead
Mall/Tract D, Vail Lionshead 1$ Filing.
Applicant: Vail ResortsPlanner: Bill Gibson
MOTION: Gary Hartman SECOND:George Lamb VOTE:7-0
APPROVED WITH 6 CONDITIONS:
1. The applicant shall be prohibited from using outdoor lighting in association with
the operation of the trampoline.
2. The applicant shall install a post and rail fence to enclose the trampoline area, in
the same manner as approved by the 2002 conditional use permit and design
review approval of the trampoline.
MEMBERS ABSENT
I
l
2.
3. The applicant shall be prohibited from installing and displaying any form of
advertising signage in association with the operation of the trampoline.
4. The applicant shall install decorative flower pots, in the same manner as
approved by the 2002 conditional use permit and design review approval of the
trampoline.
5. The dates of operation of the trampoline shall be mid-June 2003 through mid-
September 2003 and mid-June 2004 through mid-September 2004. The hours
of operation during these dates shall be 10:00 AM to 6:00 PM, Monday through
Thursday, and 10:00 AM to 9:00 PM, Friday through Sunday.
6. This conditional use permit approval shall expire, and become null and void, on
September 30,2004.
A request for a recommendation to the Vail Town Council of a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Vail Town Code,
to allow for a change in use, to increase the GRFA and to increase the number of dwelling
units, located at the Vail Village Inn, 100 E. Meadow Drive/Lot O, Block 5D, Vail Village 1"t
Filing.
Applicant Edna & Claus Fricke, represented by Fritzlen Pierce ArchitectsPlanner: Matt Gennett
MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE:7-0
RECOMMENDATION OF APPROVAL TO VAIL TOWN COUNCIL WITH 1 CONDITION:
1. That the applicant provides a detailed parking plan depicting where Alpenrose's
parking spaces are on site, as well as those (3) required by the new residence,
at the time of the first reading of the amending ordinance to the Vail Town
Council.
A request for a variance from Section 12-7A-11, Parking and Loading, Vail Town Code, to
allow for parking and loading in the front setback, located at 9 Vail Road/Lot C, Vail Village
Zno Filing.
Applicant Nine Vail Road Condominium Association and Nicolet lsland Development,
Inc.Planner; Allison Ochs
MOTION: Doug Cahill SECOND: George Lamb VOTE:4-2 (Schofield &
Bernhardt opposed)
APPROVED WITH 2 CONDITIONS:
1. That prior to application for a building permit, the applicant must return to the
Design Review Board for final review and approval of all improvements.
2. That the applicant shall revise the plans, subject to Design Review Board review
and approval, to indicate 2 surface parking spaces and the minimum area
required for a functional turnaround within the front setback, adjacent to West
Meadow Drive.
A request for a conditional use permit, to allow for a seasonal use to accommodate an
educational, recreational, and cultural use, located at 530 S. Frontage Road/Ford Park,
Unplatted.
3.
4.
'l
5.
Applicant Town of Vail/AlPP, represented by Braun Associates, Inc.Planner: Allison Ochs
MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 7-0
APPROVED WITH 5 CONDITIONS:
1. That the applicant shall operate the proposed seasonal use to accommodate an
educational, recreational, and cultural use, during the months of May 1 to
November 15, annually.
2. That the applicant shall allow no more than one vehicle to be parked at Ford
Park for the artist in residence. Any additional parking shall be accommodated
at the Village parking structure.
3. That the applicant shall allow no exchange or trade of goods to occur within the
limits of Ford Park, as prohibited by the Ford Pak Management Plan.
4. That the applicant shall limit all vehicular delivery to the structure to the hours of
6 a.m. to 9 a.m.
5. That should the Planning and Environmental Commission find that the
proposed conditional use is being operated in violation of the conditions
outlined herein, or that the proposed conditional use is being operated in
violation of any of the requirements of the Ford Park Management Plan, this
conditional use permit may be revoked, as outlined in Section 12-16-5:
Planning and Environmental Commission Action, Vail Town Code.
A request for a final recommendation to the Vail Town Council of proposed text
amendments to amend Chapter 12-134, Requirements by Employee Housing Unit (EHU)
Types, Vail Town Code, to amend the Type ll EHU requirements and setting forth details in
regard thereto.
Applicant: AMS Development Inc.Planner: Bill Gibson
MOTION: John Schofield SECOND: George Lamb VOTE: 6-1 (Kjesbo opposed)
APPROVED WITH 4 CONDITIONS:
1. That for-sale Type ll EHUs shall be a conditional use.
2. That Type ll EHUs shall be required a minimum of one enclosed parking space and
adequate additional storage, as determined by the Planning and Environmental
Commission.
3. That Type ll EHUs shall be physically and aesthetically integrated into a primary
residence of the property.
4. That the minimum lot size required for a for-sale Type ll EHU shall be determined
by the Planning and Environmental Commission.
A request for a recommendation to the Vail Town Council of proposed text amendments to Title
12,Zoning Regulations, Vail Town Code, to amend the Gross Residential FloorArea (GRFA)
regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family
Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC),
Low Density Multiple-Family (LDMF), Medium Densig Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto.
J
o.
7.
Applicant: Vicki Pearson, et.al.Planner: Bill Gibson
MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7-0
TABLED UNTIL JUNE 23,2003
A request for a worksession to discuss the following applications: a recommendation to the Vail
Town Council of a text amendment to Section 12-78-13, Density Control, Zoning Regulations;
a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots P3 &
J, Block 5A, Vail Village sth Filing from Public Accommodation zone district (PA) to Parking
zone district (P); a request for a recommendation to the Vail Town Council for the proposed
zoning of an unplatted parcel of land commonly referred to as the "trade parcel' and Lots 1 & 2,
Mill Creek Subdivision to Ski Base Recreation ll zone district; a request for a minor subdivision,
pursuant to Title 1 3, Subdivision Regulations, Vail Town Code, to allow for the relocation of the
common property line between Lots P3 & J, Block 5A, Vail Village 5h Filing; a request for a
recommendation to the Vail Town Code of a proposed major subdivision, pursuant to Section
13-3, Major Subdivision, Vail Town Code, to allow for the platting of the trade parcel"; a
request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to
allow for a "private off-street vehicle parking facility and public park'to be constructed and
operated on Lots P3& J, Block 5A, Vail Village 5'n Filing; a request for an exterior alteration or
modification, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town
Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12-21-
10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning
Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess
of 4Qo/o; and a request for the establishment of an approved development plan to facililate the
construction of Vail's Front Door, and setting forth details in regard thereto. (A more complete
metes and bounds legal description is available at the Town of Vail Community Development
Department)
Applicant Vail Resorts, represented by Jay PetersonPlanner: George Ruther
MOTION: Rollie Kjesbo SECOND: Chas Bemhardt VOTE: 7-0
TABLED UNTIL JUNE 23,2OO3
A request for a recommendation to the Vail Town Council for an amendment to the Town of
Vail Streetscape Master Plan and setting forth details in regard thereto.
Applicant Town of Vail, represented by Greg HallPlanner: Warren Campbell
MOTION: Gary Hartman SECOND: George Lamb VOTE:7-0
TABLED UNTIL JULY 14,2003
A request for a conditional use permit, to allow for an outdoor dining deck, in accordance
with Section 12-7B.4B, Conditional Uses, Vail Town Code, located at the Vista Bahn
Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1"r Filing.
Applicant Remonov & Company, Inc., represented by Knight Planning Services, Inc.Planner: Bill Gibson
TABLED UNTIL JUNE 23,2003
Approval of May 12,2003 minutes
Information Update
8.
L
10.
11.
The applications and information about the proposals are avaibbb for public inspection during
regular office hours in the project planneis ofiice located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please crrll 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please elll 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
of the community as stated in the Vail Comprehensive Plan. An approved
development plan for a Special Development District, in conjunction with the
property's underlying zone district, shall establish the requirements for guiding
development and uses of property included in the Special Development District. The
Special Development District does not apply to and is not available in the following
zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The
elements of the development plan shall be as outlined in Section 12-94-6 of this
Article.
1 2-94-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverages, landscaping and parking shall be determined by the Town
Council as part of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse effects of such deviation. This determination is to be
made based on evaluation of the proposed special development district's
compliance with the design criteria outlined in Section 12-9A-8 of this Article.
1 2-94-1 0: AMENDMENT PROCEDURES:A. MinorAmendments:
1 . Minor modifications consistent with the design criteria outlined in subsection 12-
9A-2 (definition of "minor amendment') of this Article, may be approved by the
Department of Community Development. All minor modifications shall be indicated
on a completely revised development plan. Approved changes shall be noted,
signed, dated and filed by the Department of Community Development.
2. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within or adjacent to the special
development district that may be affected by the amendment. Affected properties
shall be as determined by the Department of Community Development. Notifications
shall be postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement describing the amendment
and the iime and date of when the Planning and Environmental Commission will be
informed of the staff decision. In all cases the report to the Planning and
Environmental Commission shall be made within twenty (20) days from the date of
the staffls decision on the requested amendment.
3. Appeals of staff decisions may be filed by adjacent property owners, owners of
property within the special development district, the applicant, Planning and
Environmental Commission members or members of the Town Council as outlined
in Section 12-3-3 of this Title.B. Major Amendments:
1 . Requests for major amendments to an approved special development district shall
be reviewed in accordance with the procedures described in Section 12-9A-4 of this
Article.
2. Owners 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 propefi adjacent to the property requesting the
proposed amendment, owners of all property adjacent to the special development
-.'
:
13
Complete applications for major exterior alterations shall be submifted in
accordance with administntive schedules developed by the Department of
Community Development for Planning and Environmental Commission and
Design Review Board review. The following submiftal items are required:
1 2-7A-1 3: COMPLIANCE BURDEN :
It 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 proposa/ r's conslsfe nt 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 othenvise 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.
12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers sha// a/so be responsible for mitigating direct
impacts of their development on public infrastructure and in a// cases
mitigation shall bear a reasonable relation to the development impacts.
lmpacts may be determined based on reports prepared by qualified
consultants. The extent of mitigation and public amenity improvements shall
be balanced with the goals of redevelopment and will be determined by the
Planning and Environmental Commission in review of development prcjects
and conditional use permits. Substantial off-site impacts may include, but are
not limited to, the following: deed resticted employee housing, roadway
improvements, pedestian walkway improvements, streetscape
improvements, stream tracilbank restoration, loading/delivery, public art
improvements, and similarimprovements. The intentof this Section istoonly
req uire mitigation for large scale rcdevelopmenVdevelopment projects which
p rod u ce su bsta nti al off-site i mpacts.
12-74-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO
EXI STI NG PA PROPERTI ES:
For any gross residential floor area added to a Public Accommodation zoned
property following the effective date hereof, a minimum of seventy percent
(70%) of the added gross resdential floor area shall be devoted to
accommodation units, or fractional fee club units subject to the issuance of a
conditional use permit. This limitation shall not apply lo gross resrde ntial floor
area being added in accordance with Sections 12-15-4 and 12-1*5 of this
Title.
12-9A-1: PURPOSE:
The purpose of the Special Development District is to encourage flexibility and
creativity in the development of land in order to promote its most appropriate use; to
improve the design character and quality of the new development with the Town; to
facilitate the adequate and economical provision of streets and utilities; to preserve
the natural and scenic features of open space areas; and to further the overall goals
12
Up to one hundred fifty (150) square feet of gross residential floor area
(GRFA) may be permitted for each one hundred (100) square feet of
buildable site area. Final determination of allowable gross residential floor
arca shall be made by the Planning and Environmental Commission in
accotdancewith Section 12-74-12of thisArticle. Specifically, indetermining
allowable gross resrdential floor area the Planning and Environmental
Cornmissrrrn s hall make a finding that proposed gross re sidential floor arca is
in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations. Total density shall not exceed
twenty five (25) dwelling units per acrc of buildable site area. For the
purposes of calculating density, employee housing units, accommodation
units and fractional fee club units shall not be counted towards density.
1 2-7A-9: SITE COVERAGE:
Site coverage shall not exceed sixty five percent (650/o) of the total site area.
Final determination of allowable site covenge shall be made by the Planning
and Environmental Commission and/or the Design Review Board in
accordance with Section 1 2-74-12 of this Article. Specifically, in determining
allowable site covenge the Planning and Environmental Commission and/or
the Design Review Board shall make a finding that prcposed site covenge is
in conformance with applicable elements of the Vail Village Urban Design
Guide Plan and Design Considerations.
12-74-10: LANDSCAPING AND SITE DEVELOPMENT:
At least thifi percent (30"/o) of the tofal slte area shall be landscaped. The
minimum width and length of any area qualifying as landscaping shall be
fifteen feet (15) with a minimum area not /ess than three hundred (300)
square feet.
12-TA-11: PARKING AND LOADING:
Off-street parking and loading shall be provided in accordance with Chapter
10 of this Title. At least seventy five percent (75To) of the required parking
shall be located within the main building or buildings and hidden from public
view. No at grade or above grade sufface parking or loading arca shall be
located in any required front setback area. Below grade undergrcund
structured parking and short-term guest loading and drop-off shall be
permifted in the required front setback subject to the approval of the
Planning and Envircnmental Commission and/orthe Design Review Boad.
1 2-7A-1 2: EXTERIOR ALTERNAT IONS OR MODI F ICA I/ONS;A. Review Required: The construction of a new building orthe altention
of an existing building shall be reviewed by the Design Review Board in
accordance with Chapter 11 of this TiUe. However, any prcject which adds
additional dwelling units, accommodation units, fractional fee club units, any
prcject which adds more than one thousand (1,000) square feet of
commercial floor arca or common space, or any project which has
substantial off-site impacts (as determined by the AdministratoQ shall be
reviewed by the Planning and Envircnmental Commission as a major exteior
alteration in accordance with this Chapter and Secfion 12-3-6 of this Title.
.F
1'l
Title.
1 2-7 A-4: ACCESSORY USES;
The following accesso4f uses sha// be permitted in the PA Distict:
Home occupations, subject fo lssuance of a home occupation permit in
accordance with the provisions of Secfion 12-1 4-12 of this Title.
Meeting rooms.
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities
customarily incidental to permifted lodge uses.
Other uses customarily incidental and accessory to permifted or
conditional uses, and necessary for the operation thereof.
12-74-5: LOT AREA AND SITE DIMENS/ONS.'
The minimum lot or site area shall be ten thousand (10,000) square feet of
buildable area and each site shall have a minimum frontage of thirty feet
(30). Each site shall be of a size and shape capable of enclosing a square
area eighty feet (80') on each side within its boundaies.
12-74-6: SEIBACKS:
ln the PA District, the minimum front setback shall be twenty feet (20'), the
minimum side setback shall be twenty feet (20'), and the minimum rcar
sefback shall be twenty feet (20'). At the discretion of the Planning and
Environmental Commission and/or the Design Review Board, variations to
the setback sla ndards outlined above may be approved duing the review of
exterior alternations or modifications (Secflon 12-7A-12 of this Article)
subject to the applicant demonstrating compliance with the following criteia:
A. Proposed building sefbacks provide necessary separation
between buildings and riparian areas, geologically sensitive
areas and other environmentally sensitive areas.B. Proposed building setbacks comply with applicable elements
of the Vail Village Urban Design Guide PIan and Design
Considerations.C. Proposed building sefbacks will provide adequate availability
of ltght, air and open space.D. Proposed building selbacks will provide a compatible
relationship with buildings and uses on adjacent propefties.
E. Proposed building setbacks will result in creative design
solutions or other public benefits that could not otherwise be
achieved by conformance with prescnbed setback standards.
12-74-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty
fwe feet (45'). For a sloping roof , the height of buildings shall not exceed forty
eight feet (48').
1 2-74-8 : DENS/IY CONTROL:
10
Article 12-7A. PUBLIC ACCOMMODATION (PA) DISTRICT
12-74-1: PURPOSE:
The Public Accommodation District is intended to provide slfes for /odges
and residential accommodations for visltors, together with such public and
semipublicfacilities and limited professional offices, medicalfacilities, private
recreation, commercial/retail and related visitor-oriented uses as may
appropiately be located within the same distict and compatible with
adjacent land uses. The Public Accommodation Distict is intended to ensure
adequate light, air, open space, and other amenities commensurate with
/odge useg and to maintain the desirable resort qualities of the Distict by
establishing appropriate sde development sfandarids. 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 chancterof the
Distict.
1 2-7 A-2: P E RM ITT E D USES:
The following uses sha// be permitted in the PA Distict:
Lodges, including accessory eating, dinking, or retail establishments located
within the principal use and not occupying more than ten percent (10%o) ot
the total gross residential floor area of the main structure or structures on the
site; additional accessory dining arcas may be located on an outdoordeck,
porch, ortenace.
1 2-7 A-3 : CO N D lTl ON AL USES;
The following conditional uses shall be permifted in the PA Distict, subjectto
issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfas{ as fufther regulated by Section 12-1 41 8 of this
Title.
Churches.
Fractional fee club as fufther rcgulated by subsecflon 12-16-647 of
this Title.
Hospitals, medical and dental clinics, and medical centers.
Major arcade, so long as ll does not have any exterior frontage on
any public way, street, walkway, or mall area.
Private clubs and civic, cultural and fraternal organizations.
P rofe ssion al and busrhess or7ices.
Public buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public or private schoo/s.
Public park and recreational facilities.
P u bl ic t ra n spoft ation term in al s.
Public utility and public sery/be uses.
Ski lfis andtows.
T he aters and co nv e ntion faci I it ies.
Type lll employee housing unfts as provided in Chapter 13 of this
-l
5.2 Quality time-share units should be accommodated to help keep
occupancy rates up.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing types.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision to the adopted Town of
Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give
guidance to the overall physical development for the Village. ln addition to providing
broad design guidelines, the Guide Plan suggested specific physical improvements
for the Village. lmprovements such as new plazas, new landscape area, etc. Along
with the construction of these public improvements included proposals to complete
numerous private sector improvements. lmprovements such as building additions
outdoor deck expansions, and fagade improvements. The Streetscape Master Plan
was written in part to provide clear design direction for coordinated public/private
improvements. According to the Master Plan, the purpose of the plan is to provide a
comprehensive and coordinated conceptual design for streetscape improvements
that:
f . is supported by the community;
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order
to create an excellent pedestrian experience.
Town of Vail Zoninq Reoulations
Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code).
We believe the following code sections are relevant to the review of the applicant's
request:
Section 1 2-2-2 DEFINITIONS:
DWELLING UNIT: Any room or group of rooms in a two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit. A dwelling unit in a multiple-family building
may include one attached accommodation unit no largerthan one-third (1/3)
of the total floor area of the dwellino.
3.0
2.3 The ski area owner, the business community and the Town leaders
should work together to improve facilities for day skiers.2,4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
Commercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the
Core areas needs to be carefully controlled to facilitate access and
delivery.
4.2 Increased density in the Core areas is acceptable so long as the
existing character of each area is preserved thorough
implementation of the Urban Design Guide Plan.
The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
The connection between the Village Core and Lionshead should be
enhanced through:
a. Installation of a new type of people mover
b. lmproving the pedestrian system with a creatively designed
connection, oriented toward a nature walk, alpine garden, and/or
sculpture plaza.
c. New development should be controlled to limit commercial uses.
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
4.0
I
I
I
I
4.3
4.4
'1986. The plan is intended to serve as a basis from which future decisions may be
made regarding land use within the valley. The primary focus of the Vail Land Use
Plan is to address the long-term needs and desires of the Town as it matures. The
Town of Vail has evolved from a small ski resort founded in 1 962 with approximately
1 90,000 annual skier visits and virtually no permanent residents to a community with
4,500 permanent residents. The Town is faced with the challenge of creatively
accommodating the increase in permanent residency as well as the increase in skier
visits, while preserving the important qualities that have made Vail successful. This
is a considerable challenge, given the fact that land within the valley is a well-defined
finite resource, with much of the land already developed at this juncture. The Vail
Land Use Plan was undertaken with the goal of addressing this challenge in mind.
A secondary purpose of the Vail Land Use Plan was to analyze a series of properties
owned by the Town of Vail, to determine their suitability for various types of
community facilities.
The goals articulated in the plan reflect the desires of the citizenry. The goal
statements that were developed reflect a general consensus of the comments
shared at public meetings. The goals contained in the Vail Land Use Plan are to be
used as the Town's adopted policy guidelines in the review process for new
development proposals. Staff has reviewed the Vail Land Use Plan and believesthe
following policies are relevant to the review of this proposal:
1.0 GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.O Skier/TouristConcerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.2.2 The ski area owner, the business community and the Town leaders
should work together closely to make existing facilities and the Town
function more etfi cientlv.
v.
Action: The Town Council is responsible for final approval/denial of an SDD.
The Town Council shall review the proposal for the following:
Permitted, accessory, and conditional uses
Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibilig and sensitivig to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
buiHing height, buffer zones, identig, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements as outlined in
Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in orderto optimize
and preserve natural features, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan thatwill maintain a workable, functional
and efficient relationship throughout the development of the special development district.
- Approval of development standards including, lot area, site dimensions, setbacks,
height, densig control, site coverages, landscaping and parking.
Town Council:
Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town
Council evaluates whether or not the PEC or DRB erred with approvals or denials and can
uphold, uphold with modifications, or overturn the board's decision.
APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan
The Vail Land Use Plan was adopted by the Vail Town Council on November 18,
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
- Recommendation on development standards including, lot area, site dimensions,
setbacks, height, density control, site coverages, landscaping and parking.
Desiqn Review Board:
Action: The DRB has NO review authoritv on a SDD proposal. but must review anv
accompanvinq DRB application The DRB review of an SDD prior to Town Council approval
is purelv advisorv in nature.
The DRB is responsible for evaluating the DRB proposal:- Architectural compatibility with other structures, the land and surroundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability of building materials and colors- Acceptability of roof elements, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Girculation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting- Compliance with the architectural design guidelines of applicable master plans.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided and plans
conform to the technical requirements of the Zoning Regulations. The staff also advises the
applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates the
review process.
Town Council:
tv.
Village Plaza Condominiums to be converted from commercial to residential use. The
space consists of 3,927 square feet of GRFA, and the conversion to residential usE
has been completed. This ordinance also maintained the approval for a minimum of 148
AUs and 67,367 square feet of GRFA, devoted to AUs, in Phases lV and V of SDD No. 6.
In 2000, a major amendment to Special Development District No. 6 was approved to allow
for the redevelopment of the Vail Village lnn.
Ordinance No. 15, Series of 2001 adopted a revised Approved Development Plan for Phase
lf , which brought the total allowable GRFA for the entire sDD No. 6lo 121o/o, or 1B2,3zE
square feet.
Ordinance No. 21 , Series of 2001 adopted a revised Approved Development Plan for Phase
lV, and did not specify, in the form of a revised Approved Development Plan, the total
allowable GRFA for the entirety of SDD No. 6.
ROLES OF REVIEWING BOARDS
Soecial Development District
Order of Review: Generally, applications will be reviewed frrst by the PEC for impacts of
use/development, then by the DRB for compliance of proposed buildings and site planning,
and final approval by the Town Council.
Planninq and Environmental Commission:
Action: The PEC is advisorv to the Town Council.
The PEC shall review the proposal for and make a recommendation to the Town Council on
the following:
Permitted, accessory, and conditional uses
Evaluation of design criteria as follows (as applicable):
Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Parking And Loading: Gompliance with parking and loading requirements as outlined
in Ghapter 10 of this Title.
Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or
geologic hazards thai affect the property on which the special development district is
proposed.
,'
A.
B.
c.
D.
E.
would be harmonious with the general character of the town, provide adequate open space
and recreation amenities, and promote the objectives of the zoning ordinance of the town.
Ordinarily, a special development district will be created only when the development is
regarded as complementary to the town by the Town Council, Planning and Environmental
Commission, and Design Review Board, and there are significant aspects of the
development which cannot be satisfied under the existing zoning.
Project History
The following is a summary of the existing phases and development for the Vail
Village Inn Special Development District (SDD No. 6):
Phase l-This phase consists of the buildings located atthe southeast cornerof the
District. Phase I includes one residential dwelling unit approximately 3,927 square
feet in size and nine commercial/retail spaces. The original development plan for
Phase I called for 16j28 square feet of commercial space, and no GRFA. The
Alpenrose Restaurant is part of Phase l.
Phase ll - This phase consists of three residential dwelling units totaling
approximately 3,492 square feet in size and three commercial/retail spaces. Phase
ll is generally located in the center of the District.
Phase lll - This Phase consists of twenty-nine residential dwelling units totaling
approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll
is located at the northeast corner of the Distrist.
Phase lV - This is the original and oldest Phase in the District. This Phase consists
of one residential dwelling unit approximately 5,000 square feet in size and seventy-
two accommodation units comprising approximately 16,585 square feet of floor area.
Phase lV is generally located in the northwest corner of the District,
Phase V - This Phase consists of eleven residential dwelling units and three
accommodation units totaling approximately 9,972 square feet of floor area and four
commercial/retail spaces. Phase V is located in the southwest corner of the District
at the intersection of Vail Road and East Meadow Drive.
Ordinance No. 1 , Series of 1 985 (March, 1985) granted 120,600 square feet of GRFA to
SDD No. 6. This ordinance also required a minimum of 175 accommodation units (AUs)
and72,4OO square feet of GRFA, devoted entirely to AUs in Phase lV.
Ordinance No. 14, Series of 1987 (May, 1987), amended Phase lVof SDD No.6. The
amendment allowed Phase lV to be broken into two distinct and separate phases, which
were called Phase lV and Phase V. This ordinance also set the maximum GRFA for the
SDD at 120,600 square feet. Further, the ordinance required a minimum of 148 AUs and
67,367 square feet of GRFA devoted to AUs in Phases lV and V.
Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD
No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of
124,527 square feet. This allowed Unit No. 30 (originally Good's retail) in the Vail
shall not affect any right which has accrued, any duty imposed, any violation that occuned prior to
the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 18h day of November, 2003 and a public
hearing for second reading of this Ordinance set for the 2nd day of December, 2003, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 32, Series 2003
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd dav of
December.2003.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
Ordinance No. 32, Series 2003
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 9, 2003
A request for a recommendation to the Vail Town Council for a major amendmentto
Special Development District No. 6 (SDD No. 6), pursuant to Section 12-9A-10, Vail
Town Code, to allow for an addition and alteration to the Alpenrose restaurant that
includes the addition of 2,132 sq ft of residential GRFA to Special Development
District No. 6, located at 1 00 E. Meadow Drive, Lot 0, Block 5E, Vail Village 1$ Filing.
Applicant Ted Leach, represented by David Baum of Fritzlen PiercePlanner: Matt Gennett
ll.
SUMMARY
The applicant's proposal is to convert 700 sq ft of commercial, restaurant space into GRFA,
and add an additional 1,432 of GRFA and gross square footage to SDD No. 6 to create a
residential dwelling unit above the Alpenrose restaurant space (totaling 2,132 sq ft of new
GRFA). SDD No.6 is comprised of 3.45 acres and consists of five phases of development
in the form of the Vail Village Inn. Staff is recommending approval with conditions ot the
applicant's proposal, based on the criteria established in section lX of this memorandum.
DESGRIPTION OF THE REQUEST
The applicant, Ted Leach, represented by David Baum of Fritzlen Pierce, is requesting a
major amendment to SDD No. 6, Vail Village Inn, Phase I, to allow for 2,'132 sq ft of GRFA
for a new residence to be located above the existing Alpenrose Restaurant. The proposal
calls for taking a portion of existing restaurant space, located on the second floor of the
restaurant, and making it part of the new proposed residence, which will encompass a
modified third floor as well. The applicant is proposing an increase in dwelling units (DU)
per acre for SDD No. 6 from an existing 12.75 DU per acre to 13 DU per acre. lf approved,
the totaf GRFA of SDD No. 6 would increase 2,132 sq ft, from '182,325 square feet to
184,457 square feet, in the form of Unit 5, the proposed new residence. The total GRFA for
Phase l, with the approval of this proposal, would increase from 3,927 sq ft to 6,059 sq ft.
All otherzoning standards, such as setbacks and site coverage, are proposed to remain the
same as existing. With the reduction of approximately 700 sq ft of restaurant space while
retaining the same seating capacity, and the addition of a 2,132 sq ft residence that is
nonexistent today, the location and number of parking spaces must be enumerated.
BACKGROUND
In 1976, theVail Town Gouncil adopted Ordinance No.7, Series of 1976, establishing
Special Development District No. 6 (SDD No. 6), Vail Village Inn. The purpose of SDD No.
6 is to assure the comprehensive development and use of an area of land in a manner that
ilr.
' June 16.2003
Bill Pierce
Fritzlen Pierce Architects
1650 E. Vail Valley Drive
Fallridge C-l
Vail, CO 81657
RE: Alpenrose PEC Condition of Approval
Dear Bill,
The following is a summary of staffs interpretation of the intent behind the PEC's
condition of approval for the Alpenrose Major Amendment to an SDD application heard
on June 9,2003:
* The condition is Ltendedto ensure that the new residence proposed above the
Alpenrose will have two parking spaces deeded, or otherwise dedicated inan
inseparable manner, as part ofthe property which cannot be sold separately at any
point in the future.
* The applicant is notresponsible for increasing the total numberofparking spaces
for the entire SDD, but only for securing the exclusive rights to two parking
spaces for the proposed, new residence.
* The applicant can meet the condition by demonstrating, in writing, that ownership
oftwo parking spaces has been secured for the exclusive rights ofthe owner(s) of
the proposed residence, in perpetuity.
If you have any questions or comments, please feel free to contact me directly at
(970) 479-2140.
Sincerely,
Mattlew R. Gennett
Town Planner
Town of Vail
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town Council
Community Development Department
November 18,2003
A first reading of Ordinance No. 32, Series 2003, to adopt a revised
Approved Development Plan for Special Development District No. 6, Vail
Village Inn, Phase 1, to allow for modifications to the existing Alpenrose
restaurant, and setting forth details in regard thereto.
Applicant:
Planner:
The Town of Vail
Maft Gennett
BACKGROUND
On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously
approved the applicant's proposal, with one condition related to parking for the new
residential unit, which the applicant has met.
On July 15, 2003, the Design Review Board unanimously approved the applicant's
proposal.
II. DESCRIPTION
The applicant, Ted Leach, represented by Fritzlen Pierce Architects, has proposed a
major amendment to SDD No. 6, Vail Village Inn, Phase l, to allow for 2,132 sq ft of
GRFA for a new residence to be located above the existing Alpenrose Restaurant. The
proposal calls for taking a portion of existing restaurant space, located on the secgnd
floor of the restaurant, and making it part of the new proposed residence.
The total GRFA for Phase l, with the approval of this amendment, would increase from
3,927 sq ft to 6,059 sq ft. All other zoning standards, such as setbacks, building height,
and site coverage, are to remain the same as existing. With the reduction of
approximately 700 sq ft of restaurant space while retaining the same seating capacity,
and the addition of a 2,132 sq ft residence that is nonexistent today, two deed restricted
parking spaces dedicated to the new unit have been secured to meet the PEC's
condition of approval. A letter dated June 16th, 2003, clarifying the one PEC condition of
approval, has been attached for reference.
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', 'THIS ITEM MAY AFFECT YOUR PROPERry
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail_will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on April
28, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of:
A request for a variance from Section 12-78-15,Site Coverage, Vail Town Code, to allow for a
covered pedestrian entrance, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lol
C, Block 2, VailVillage 1't Filing.
Applicant: Remonov & Company, Inc., represented by Knight Planning Services, lnc.Planner: Warren Campbell
A request for a recommendation to the Vail Town Council of a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Seclion 12-9A-10, Vail Town Code, to
allow for a change in use, to increase the GRFA and to increase the number of dwelling units,
located at the VailVillage lnn, 100 E. Meadow Drive/Lot O, Block 5D, VailVillage l"tFiling.
Applicant: Edna & Claus Fricke, represented by FriElen Pierce ArchitectsPlanner: Matt Gennett
A request for a recommendation to the Vail Town Council, to allow for text amendments to Title
11, Sign Regulations, Vail Town Code, and setting forth details in regard thereio.
Applicant: Town of VailPlanner: Matt Gennett
A request for a recommendation to the Vail Town Council of proposed text amendments to Title
12,Zoning Regulations, Vail Town Code, to amend the Gross Residential FloorArea (GRFA)
regulations in the Hillside Residential (HR), Single-Family Residential(SFR), Two-Family
Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low
Densi$ Multiple-Family (LDMF), Medium Densig Multiple-Family (MDMF), High Density Multiple'
Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto.
Applicant: Vicki Pearson, et.al.Planner: Bill Gibson
A request for a conditional use permit, to allow for an outdoor dining deck, in accordance with
Section 12-7B'4B, Conditional Uses, Vail Town Code, located at the Vista Bahn Building, 333
Hanson Ranch Road/Lot C, Block 2, Vail Village 1"'Filing.
Applicant Remonov & Company, lnc., represented by Knight Planning Services, lnc.Planner: Bill Gibson
An appeal, pursuant to Section 11-2-18 (Administration; Appeal), of an administrative
determination that a business identification sign does not meet the technical requiremenls of
Section 11-48-1285 (Projecting and Hanging Signs), Vail Town Code, located at the Vista Bahn
BuiHing, 333 Hanson Ranch Road/Lot C, Block 2, VailVillage 1"'Filing.
Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc.Planner: Warren Campbell
-lT.$
* ii-..
The applications and information about these proposals are available for public inspection during , * "' " *
regular business hours at the Town of Vail Community Development Department office, 75 South
Frontage Road. The public is invited to attend the pQect orientation held in the Town of Vail t'
Community Development Department office and the site visits that precede the public hearing.
Pfease call (970) 479-2138 for additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing lmpaired, for additional information.
This notice published in the Vail Daily on April 1 1, 2003.
tn,.r*l
Attachment: A
ORDINANCE NO.21
SERIES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL V]LLAGE INN, PHASE IV, TO ALLOW. FORTHECONSTRUCTIONOFTHEVAILPLAZAHOTEL:ANDSETTTNG FORTH
DETAILS IN REGARD THERETO.
WHEREAS, ln 1976, the Vail Town Council adopted Ordinance No.7, Series of 1976,
establishing Special Development Districl No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Developmenl Districts; and
WHEREAS, Daymer Coeoration, as owner of the Phase lV pmperty, has submitted an
application for a revised major amendment to Special Development District No. 6, Vail Mllage Inn,
Phase lV: and
WHEREAS, Daymer Corporation has submitted this new application for a major amendmenl
to Special Development District No. 6 in response to an alleged error in the public notification of a
previously held public hearing, and
WHEREAS, the purpos€ of this ordinance is to adopt a revised Approved Developmsnt Plan
for the Vail Village Inn Special Developmenl Distdct, Phase lV to allbw for the conslruction of the
Vail Plaza Hotel; and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development obj€ctives as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application;
and
WHEREAS, the Planning & Environmenlal Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Toam Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriete parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel; and
Ordinance No.21, S6ri€6 of 20Ol
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vaif Mflage fnn, Phase lV, Vail Plaza Hotel and the development standards in regard therelo shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Puroose of the Ordinance
The purpose of Ordinance No. 21, Series of 2001, is to adopt a revised Approved Developmenl plan
for Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Th€ Approved
Development Plans for Phases l, lll & V remain approved and unchanged for the development of
Special Development Districl No. 6 within the Town of Vail, unless they have othenvise expired.
Only th€ Approved Development Plan for Phase lV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled, Plannino Commission Reoort
The approval procedures described in Section 12-94 of the Vail Municipal Code have been fulfilled,
and tho Vail Town Council has received lhe recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved Development Plan for
Phase lV are established to assure comprehensir,fe development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Toam of Vail
Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspects of the Special Oevelopment District that cannot be
satistied through the imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards - Special Devetopment District No.6, Vail Vlllage tnn,
Phase lV. Vail Plaza Hotel
Odinanc€ No. 21, Series of 2001
Development Plan-
The Approved Development Plan for Special Development District No. 6, Vail Mllage Inn, Phase lV,
Vail Plaza Hotel shall include the following plans and materials prepared bv Zehren and Associates.
lnc., dated Apdl 4, 2000 and stamped appmved by the Town of Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
A. Site lllustrative Plan
B. Site Vignettes Key Plan (noted "to/' illustntbn putposs only')
C. Site Mgnettes
D. Site Plan (revised)
E. Level Minus Two :
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1!2
J. Level Two
K. Level Thr€e
. L. Level Four
M. Lewl Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
O. Sireet Seclions (Vail Road ElevationiNorth Frontage Road Elevation)
R. Plaza Sections (South Plaza ElevationiEast Plaza Elevation)
S. BuiHing A Elevations
T. Building A Sections
U. Building B Elerrations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heights/lnterpolated Contours)
X. Building Height Plan 2 (Maximum Height Above Grade/lnterpolated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
OrdnarEe No. 2 1 , S€.1c6 o1 2001
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape lmprovements Plan
EE. Off-site lmorovements Plan
Permitted Uses-
The permitted uses in Phase lV of Special Development District No. 6 shall be as set forth in Section
12-7 of the Vail Town Code.
Conditional Uses-
Conditional uses for Phase lV shall be set forth in Section 12-7 A-3 ot the Toryn of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
Density- Uaits per Acre - Dwelling Unifs, Accommodation llni/F', & Fracttonat Fee CIuh llnlfs
The number of units permitted in Phase lV shalt not exceed th€ following:
D/relling Units - 1
Accommodation Units - 99
Fractional Fee Club Units - 50
Type lll Employee Housing Units - 18
(38 employee beds tohling 9,618 square feet of floor area)
Density- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase lV shall be as sel forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Setbacks-
Required setbacks for Phase lV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'.
Helght-
The maximum building height for Phase lV shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase lV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage-
Ordinaoc€ No. 21, Serlcs of 2001
The maximum allowable site coverage for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase lV shall be as set forth in the Approved
Development Plans r€ferenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and loading/delivery berths for Phase lV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 ofthis ordinance.
In no instance shall Vail Road or the Soulh Frontage Road be used for loading/delivery or guest
dropoffipick-up without the prior written approval of the Town of Vail. The required parking spaces
shall nol be individually sold, transfered, leased, conveyed, r€nted or restricted to any person other
lhan a tenanl, occupant or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
prohibit the temporary use of the parking spaces for events or uses oulside of the building, subject to
the approval of the Town of Vail.
Section 5. Aoproval Aoreements for Soecial Develooment District No. 6. Phase lV, Vail
Plaza Hotel
1 . Thal ihe Developer submits detailed civil engineering drawings of the required ofr-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvemems,
Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan
to the Town of Vail Public Works Department for review and approval, prior to application for a
building permit.
2. That the Developer submits a detailed final landscape plan and final architectural elevations for
review and approval of the Town of Vail Design Review Board, prior to application for a building
permit.
The SDD approval time requirements and limitations of Section 12-9A-'t2 shall apply to
Ordinance No. 21 , Series of 2001 . In addition, the phasing of the construction of the hotel shall
not be permitted.
That the Developer submits the following plans to the Department of Community Devetopment,
for review and approval, as a part of the building permit application for the hotel:
a. An Erosion Control and Sedimenlation Plan;
b. A Construction Staging and Phasing Plan;
4.
Ordimnce No. 21. S€ri.s of 2001
c. A Stormwater Management Plan:
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
5. That the Developer receives a conditional use permit to allow for the construction of 18, Type lll
Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-16, prior to
the issuance of a building permit, for the housing of 38 employees totaling 9,618 square feet of
fioor area.
6. That the Developer submits a complete set of plans to the Colorado Deparlment of
Transportation for review and approval of a revised access permit, prior to application for a
building permit.
7. That the D€veloper meets with the Town staff to prepar€ a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
8. That the Develop€r submits a complete set of plans responding to the design concerns
€xpressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dat€d 12l13/99. The drawings shall be submitted, reviewed and approved by
the Town Engineer, prior to final Design Review Board appmvar.
9. That the developer records a public pedestrian easement between the hotel and the Phase lll
Condominiums and between the Phase V Building property lines. The easement shall be
prepared by the developer and submitted for review and approval of the Town Attomey. The
easement shall be recorded with the Eagle County clerk & Recorde/s Offtce prior lo the
issuance of a Temporary Certificate of Occupancy.
10. That the Developer record a deed-reskiction, which the Town is a party to, on the Phase lV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked
if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions
for vehicle parking have been made to accommodate the public use of the spa. The restriction
shall be recorded prior to lhe issuance of a building permit.
11. That the Developer submits a final exterior buitding materials list, a typical walLsection and
complete color rendering for review and approval of the Design Revielv Board, prior to making
an application for a building permit.
Ordlnancs No. 21. Series of 2001
12. That the Developer submits a comprehensive sign program proposalfor the Vail Plaza Hotel for
review and approval of the Design Revi€w Board, prior to the issuance of a Temporary
Certificate of Occupancy.
13. That the Developer submits a roof-top mechanical equipment plan for review and approval of the
Design Review Board prior to the issuance of a building permit. All roof-top mechanical
equipment shall be incorporated into the overall design ofthe hotel and enclosed and screened
ftom oublic view.
14. That the Developer posts a bond with the Town of Vail to provide financial security for the 125%
of the total cost of the required ofi-site public improvements. The bond shall be in place with the
Town prior to lhe issuance of a building permit.
15. That the Develo[er installs bollards or similar safety devices at the intersection of the delivery
access driveway and the sidewalk along the South Frontage Road to prevent conflicts between
pedestrians and vehicles, prior to the issuance of a Temporary Certiftcate of Occupancy-
16. That the Developer studies and redesigns the entrance on the north side of the holel across from
the entrance to the Gateway Building to create a more inviting entrance or a design that redirects
pedestrians to another entrance. The final design shall be reviewed and approved by the Design
Review Board prior to the issuance of a building permit.
17. That the Developer coordinate efforts with the owners of the Gateway Building to create a below
ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve
potential loading and delivery concerns at the Gateway. lf a coordinated effort €n be reached
the Developer shall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
18. That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight
elevalor access to the lowest level of the parking structure. The revised plans shall be submitted
to the Town of Vail Community Development Department for review and approval prior to the
issuance of a building permit.
19. That the Developer, in cooperation with the Town of Vail Public Works Department design and
construct a left-turn lane on Vail Road and reconfigure the landscape island in the South
Frontage Road median to eliminate left-tums from the loading/delivery. The construction shall
be completed prior to the issuance of a Temporary Certificate of Occupancy.
20. That the Developer provides a centralized loading/delivery facility for the use of all owners and
tenants within Special Development District No. 6. Access or use of the facility shall not be
Ordlnanco No. 21. Series of200l
unduly restricted for Special Development District No. 6. The loading/delivery facility, including
docks, berths, freight elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery
impacts upon the Vail Village loading/delivery system. The use of the facitity shall only be
permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common use of the
facility. The flnal determination ofthe use ofthe facility shall be mutually agreed upon by the
Developer and the Town of Vail.
21. That the Developer submits a written letter of approval from adjacent properties whose property
is being encroached upon by certain improvements resulting from the construction of the hotel,
prior to the issuance of a building permit.
22. That the Developer executes a Developer lmprovement Agreement to cover the completion of
the required off-site improvements, prior to the issuance of a building permit.
23. That the Developer record Type lll deed-restrictions of each of the required employee housing
units,.with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary
Certifi cate of Occupancy.
24. That the required Type lll deed-restricted employee housing units not be eligible for resale and
that the units be owned and operated by the hotel and that said ownership lransfer with the deed
to the hotel property.
Section 6. Aoproval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later than May
1 , 2003, and continue diligently toward the completion of the project. lf the Developer does not begin
initial construction and diligently work toward the completion of the special development district within
the time limit imposed above, the approval of said special development district shall become null and
void.
Section 7.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not atfect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares il would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
seclions, subsections, sentences, clauses or Dhrases be declared invalid.
Odinance No. 21. Series of2001
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not affed any right which has accrued, any duty imposed, any violation that
o@uned prior to lhe effective date hereof, any prosecution @mmenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenac{ed.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and odinances, or parts thereof, inconsistent herer,vith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any
bylaw, order, resolulion or ordinance, or part thereof, heretofrcre repealed.
INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHEO
ONCE lN FULL ON FIRST READING this 21d day of August, 200'1, and a public hearing for second
reading of this Ordinance set for the 4'day of September, 2001 , in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ludwig Kuz, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4h dav of
September, 2001.
Ludwig Kuz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordin€nce No. 21. S6ri€6 of 2001
Attachment: B
ORDINANCE NO. 15
SER]ES OF 2001
AN ORDIMNCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPEGIAL DEVELOPMENT DISTRICT NO. 5, VAIL VILLAGE INN, PHASE II, TO
ALLOW FOR THE CONSOLIDATION OF TWO EXISTING RESIDENTIAL DWELLING
UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-94-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Patricia and Gerardo Schroeder, as owners of the subject Phase ll
property, have submitted an application for a major amendment to Special Development District
No. 6, Vail Mllage Inn, Phase ll; and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development
Plan for the Vail Village Inn Special Development District, Phase ll to allow for the consolidation
of two existing residential dwelling units; and
WFIEREAS, the revised major amendment to the Special Development District is in lhe
best interest of the town as it meets the Town's development objectives as identified in the
Town of Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmenlal Gommission held a public hearing on the major amendment
application; and
WHEREAS, the Planning & Environmental Commission has rEviewed the prescribed
criteria for a major amendment and has submitted its recommendation of approval to the Vail
Tonn Council: and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been senl
to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase ll: and
\ryhereas, the approvar of the major amendment to speciar Deveropment District No. 6,
Vail Village Inn, Phase ll and the development standards in regard thereto shall not estabtish
precedence or entitlements elsewhere within the Town of Vail; and
vvhereas, the vail rown council finds that the proposed major amendment to speclal
Development District #6, Vail Village Inn, complies with the nine design criteria ouflined in
Section 12-9A-8 oflhe Town of Vail Municipal Code. The applicant, as required, has
demonstrated to the satisfaction of the Council that any adverse effects of the requested
deviations from the development standards of the underlying zoning are outweighed by the
public benefits provided or has demonstrated that one or more of the development standards is
notapp|icab|e,orthatapractica|solutionconsistentwiththepub|icinteresthasbeenachieved
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TO![N OF
VAIL, COLORADO. THAT:
Section 1. Purpose ofthe Ordinance
The purpose of Ordinance No. 4, Series of 2000, is to adopt a revised Approved Development
Plan for Special Development District No. 6, VailMllage Inn, Phase ll. The Approved
Development Plans for Phases l, lll, lV & V remain approved and unchanged for the
development of Special Development District No. 6 within the Town of Vail, unless they have
otherwise expired. Only the Approved Development Plan for Phase ll is hereby amended and
. adopted.
Section 2, Amendment Procedures Fulfilled. Planninq Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission of approval for a major amendment to the Approved Development
Plan for Special Development District No. 6, Vail Village lnn, Phase ll. Requests for amendments
to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the
Vail Municipal Code.
Section 3. Special Development District No.6
The Special Development District and the Major Amendment to the Approved Development Plan
for Phase ll ate established to assure @mptehensive development and use of the area in a
manner that would be harmonious with the general character of the Totrn, Provide adequate open
space and recreation amenities, and promote the goals, objectives and policies of the Town of
Vail comprehensive Plan. speciar Development District No. 6 is regarded as being
complementary to the Town of Vail by the Vail rown council and the planning & Environmental
commission, and has been established since there are significant aspeds of the special
Development District that cannot be satisfied through the imposition of the standard pubtic
Accommodation zone district requirements.
section 4. Development standards - special D'evelopment District No. 6, Vail Village
lnn, Phase ll
Dev€lopment Plan-
The Approved Development Plan for Special Development District No. 6, Vail Village Inn,
Phase ll, prepared by Royston, Hanamoto, Back and Abey on February 12, 1976, shall be
hereby amended to include the following plan amendments prepared by Fritslen pierce
Architects, lnc., dated May 25, 2001 and stamped approved by the Town of Vail, dated
August 7, 2001:
A. Proposed Entry Plan;
B. Proposed Second Level Plan;
C. Proposed Third Level Plan;
D. Proposed Roof Plan;
E. Proposed South Elevation;
F. Proposed North Elevation;
G. Pmposed West Elevation.
Permited Uses -
The permitted uses in Phase ll of Special Development Distric't No. 6 shall be as set forth in the
developmenl plans referenced in Section 4 of thh ordinance.
Conditional Uses -
Conditional uses for Phase ll shall be set forth in Seclion 12-7A-3 ofthe Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as ouflined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
Density- Units per Acre - Dwelling Units
The number of units permifted in Phase ll shall not exceed the following:
Dwelling Units - Two
Density-- FroorArea
The gross residential floor area (GRFA), common area and commerciar square footage permifted
for Phase ll shall be as set forth in the Approved Development plans referenced in section 4 of
this ordinance.
Soecificallv:
Gross Residential Floor Area:
Commercial Floor Area:
4,098 square feet
6,473 square feet
Setbacks-
Required setbacks for Phase ll shall be as set forth in the Approved Development plans
referenced in Section 4 of this ordinance.
Height-
The maximum building height for Phase ll shall be as set forth in the Approved Development
Plans referenced in Section 4 ofthis ordinance. For the purposes ofSDD No. 6, Phase ll,
calculations of height shall mean the distance measured vertically from the existing grade or
finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or
mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved
Development Plans.
Site Coverage-
The maximum allowable site coverage for Phase ll shall be as set forth in the Approved
Development Plans referenced in Seotion 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase ll shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parklng and Loading-
The required number of off-street parking spaces and loading/delivery berths for Phase ll shall
be provided as set forth in the Approved Development Plans referenced in Section 4 of lhis
ordinance. In no instance shall Vail Road or the South Frontage Road be used for
loading/delivery or guest droFoffi/pick-up without the prior written approval of the Town of Vail.
The required parking spaces shall not be individually sold, transferred, leased, conveyed,
rented or restricted to any person other than a tenant, occupant or user of the building for which
the space, spaces or area are required to be provided by the Zoning Regulations or ordinances
I
of the Town' The foregoing ranguage shal not prohibit the temporary use of the pa*ing spaces
for events or uses outside of the building, subjeci to tire approval of the Town of vail.
section 5. Aooroval AEr€oments tor special Develooment District No, 6, phase ll
1 . The applicant shall submit a revised condominium map to reflect the approved
amendment for review and appmval by tom stafi by no later than June 25, 2@z
Section 6.
lf any part, section, subsection, senlence, clause or phrase of thiE ordinance is for any reason
held to be invalid, such decision shall not afiect the validity of the remaining ponions of this
ordinancei and the Town Councit hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Sectlon 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not aftect any right which has accrued, any duty imposed, any
violation that occuned prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repeal€d or
r€p€algd and reenacted. The repeal of any provision hereby shall not revive any provbion or
any ordinance previously repealed or superseded unless expressly siated herein.
Section 8.
All bylaws, orders, resolutions and ordinanc$, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The rePealer shall not be construecl
to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
, INTRODUCED,READONFIRSTREADING,APPROVED,ANDORDERED
PUBLfSHED ONCE lN FULL oN FIRST READTNG rhb ,tos day of Juty,ZOOl, and a pubtic
headng br second reading of this Ordinance set for the 7t day of Augus( 2001, in the Council
Ghemberg of the Vail Municipal Building, Vail, Colorado.
nfulnt/rr,,^
Lrrdrtrig Kr4 Mayor
READ AD'IO APPROVED ON SECOND READTNG AND ORDERED pUBUSHED thie ?t day of
nr,Ar/,{eEru
v
Ludvuig Kurz, Mayor
Lorclei Donaldson, Town Clerk
August,2001.
,f\
c-
issrtance of :r conditiontl use per.mit in accorclance wlth
of Chnpter 18.60 of the uniclp,rl Code of the Town of
subJect to ure
the provi sions
V:ri 1 .
Sectlon 8.
uses as defined
of the lUun i cipal
uses in the special dlstrlct. All accessory
j.n the public accorunoclation dlstrict, Chapter 1g.22
Code of tlre Town of Vail.
Sectlon g. Development standards. The following development
standards are minimum development standards ln special distrlcts.:
A. Lot area and slte climenslon.
The special distl.ict shall_ consist of an area totaling
4.O05 ltcres.
B. Setbacks
The r:equired setbacks shall vary as lndicated in the
development pran providing spece for planting and an a.cceptabre
relationship to acljacent jrroperty olvners, ' portions of commerciar
spnce mny abutt the sou r property line.
C. llai sht
It is the intent of the Torvn Council thtt the helght Limits
and ranges of the buildi.ngs constructed rvithin special development
distrlct #6 should be as Low as possible and as outlineal on development
pLan and model of Gord.on R. pierce, Architect, In no event shall the
a'verage hcight of ttre btri.ldings constructed in special devel0pment
#6 exceed 45 feet. l\t re level of detail present,Iy available to the
Town Council, it is not r.ealistic to tie down a precise mnximum
eLevatio''' The fina] designs rvith regard to erevation will depend upon
-f urther detailed study nncr projection of the building mass on to photos
of the actuar srtc condi ri.on. rt is the intent of this ord.inance that
the heighi mRssing of the building dcveloped in special development
district #6 malntain the quality and feeling of Va.il Village aloDg Ea.st
Meadorv Drive and that trr.o story elevations are the predominent height.
Thls two story elevatio. lreight c:\n vtry upwa.rd or downrvard by htrlf a
leveI.
D. Density contror. The gross resiclenti.ar froor area devoted
to frccommodirtion rrnits sjhirll escced the gross residential floor nrea
devotecl to drvalling units. por all phases of the development, the
follorving stnndards slrlrll npply :
Attachment: C
Plrase
Pb ace
II
III
IV
Accommoda.tion Un i, ts
-6-
Dwelling or
29 dwelling
185 accommodatiou
3 employee units
10 divelLing
3 employee units
Commer.cial space/square feet
16,128 square ieet
6 ,473 rr tl
10,600
14,800
GRFA
3,315
44,830
74,47O
2,700
16 , 585
1 ,000
I
II
III
IV
Total cornmercial space
Convention spacg = Tota1 16,611 square feet.
E. Building Burk contror. Buildirig bull( cont,ror ,oaximum warr
length, maximum dimensions for building elements requlrements for wall
offsets and verticar stepping of roof lines sbarl be indicated on the
rnodel of the approved d.evelopment plan, by Gordon R. plerce, Architect.
F. Site Coverage. The site area to be covered by the bulldings
shall be as generalty indicated on the development plan, but in no. case
shall it exceed 55 percent of the total sire area.
G. Usable open space. Usable open space strali Ue provlded as
required in public accommodation clistrict chapter Lg.22 of the vair
llun i cipal Code.
H. Landscaping and site development. At least thirty percent
of the total si'te area shalr be landscaped ancl plaza a.rea. Laldscaplng
and other site devetopments shaIl observe the lanclscaping concept as
indicated in the approvecl development plan.
IO. Parking and loading.
1, Parking and loading shall b.e provicled as set fortb on
the approved development pJ.an, There sharr be no less .than 3b0 spaces
within the main building or buildings.
q, 8s0
54,851
Attachment D
VAIL VILLAGE INN
Chapter
SPECTAL DEVELOPI{ENT
1_8.50
DISTRTCT 6 (SDD6)
Sections:
l-8.50.010 Established
L8 .50.020 PurposeL8.50.030 Development P1an--Approval procedure
18.50.040 Developrnent plan--Contents
L8.50.050 Pernltted Uses18.50.060 Conditional UsesL8.50.070 Accessory Usesl-8.50.080 Developrnent Standardsl-8.50.090 Lot Area and Site Dirnensions18.50.1O0 Setbacksl-8.50.l-l-0 Distance Between Buildings18.50.120 Height
LB . 50. 13 0 DensityL8.50.140 Building Bulk
l-8 . 50. L50 Coverage18.50.L60 open Space18.50.170 Landscaping and Site Devel_opment18.50.180 Parking and Loading18.50.190 Fireplaces18.50.200 Conservation Controls18.50.210 Recreational Aurenities Tax18.50.220 Lirnitation on Existence18.50.230 Amenities
i-8 .50. 010 Established
Pursuant to the provisions of Chapters l_8.02, 18.40 and 18.d6ras amended, Special Developnent District 6 (SDDO) , a SpecialDevelopment zone district, is established for the developmenton a certain parcel of land comprising 3.455 acres in the VaiIVillage area of the town, and the zoning ordinance and theofficial zoning map are amended by the addition of thischapter, which shall become Chapter Lg.sO, the caption of whichshall be rrspecial Development District 6rr and a map which shall
become an addition to the official zoning map.(Ord 7, 1976; ord 8, 1973)
LB.50.020 Purpose
A Special Development District ls established to assureconprehensive development and use of an area in a manner thatwould be harmonious with the general character of the Town,provide adeguate open space and recreation amenities, and
SDDs
promote.the objectives of the zoning ordinance of the town.ordinariry, a special-deveropment district will be created onlywhen- the development is regarded as complementary to the tonnby the Town council , planni.ng and Envirorunental Lornnission, andDesign Review Board, and theie are significant aspects of itredeveloprnent which cannot be satisfied under the e-xistinozoning. (Ord 14, LgBTr Ord 7, Lg76; Ord Bt 1973)
18.50.030 Developrnent plan--Approval procedure
A. The development plan for the Vail Village Inn, which ispart of i.ts application, shall be incorporated byreference, and nade a part of Special Developnent District6 and constitutes a g:eneral plan and gruide for developmentwithin the special development district.
B. Amendrnents to the approved development plan which do notchange its substance and which are futly recommended in areport of the Planning Comrnission may be approved by theTown Council by resolution.
C. The environrnental inpact report and a supplemental reportfor each phase of construction which shall be subrnitted tothe zoning adninistrator in accordance with Chapter 18.56,prior to the conmencement of site preparation, Luildingconstruction, or other inprovenents of open space. Eachphase of the developrnent shall reqrrire review and
recornmendations of the planning Coumission and approval bythe Town Council .
D. Each phase of the development shall require the priorapproval of the Design Review Board in accordance with theapplicable provisions of Chapter 18.54. Each phase shallbe-reviewed-by an outside consultant at the e>rpense of thedeveloper, who shall give their reconmendations to theDesign Review Board. The developrnent plan shall be
anended to reflect architectural detail of each phase.(Ord 7, L976; Ord I, L973)
18.50.040 Developnent Plan--Contents
The proposed deveropurent plan shall include, but is not liuritedto, the following data as amended by exhibits provided byconsultants Roystson, Hanamoto, Beck and Abey, on February L2,
L9762
Existing and proposed contours after grading and site
development having contour intervals of not urore than twofeet and preliminary drainage p1an. Supplementaldocumentation of proposed contours and drainage shall besubrnitted to the zoning administrator with the plans foreach phase of the developrnent.
A.
SDD6
B. A site p1an, at a scale of one inch equals forty feet ori larger, showing the locations and dimensions of aI1buildings and structures, uses in the buildings, and allprincipal site development features such as landscapedareas, recreationaL facilities, pedestrian plazas andwalkways, senrice areas, driveways, and off-street parking
and loading areas.
c, a prelininary landscape plan, at a scaLe of one inch
eEr.a1s forty feet or larger, showing existing landscapefeatures to be retained or removed, and showing proposed
landscaping and landscaped site development features suchas outdoor recreational facilities, bicycle paths. trails,pedestrian plazas and ualkways, water features, and other
elements.
D. Schematic building elsvations, sections and floor plans,,
at appropriate scales, in sufficient detail to determinefloor area, general circulation and use location, andgeneral scale and bulk of the proposed development.Specific detail for these items and the appearance shall
be submitted on a phase basis.
i - E. For Phases I, II , and III, a volumetric model as arnended
' by consultants Royston, Hanamoto, Beck and Abey on
.. February J.2, 19'76 of the site and proposed development
documented. by photographs at a scal-e of 1 inch equals 16
feet or larger, portraying the scale and relationship of
those phases of the development to ttre site and
illustrating the forn and mass of structures in said
phases of the developrnent. F'or Phases IV and v, a
volumetric roodel as arnended by Gordon Pierce, Architect,of the site and the proposed development at a scale of L
inch equals 20 feet, portraying the scale and relationshipof the development of Phases IV and V, to the site andillustrating the form of mass of structures in said phase.
F. A phasing plan of the proposed deveLopment indicatingorder and general tirning of construction phases, amenities
and proposed interin development. (Ord L4 t L987; Ord 7,
1976, Ord 8, 1973)
18.50.050 Pernritted Uses
The permitted uses in Phases I, If, IfI, IV and V of Special
Development District 6 shalL be in accordance with the approved
development plans on file in the Town of VaiL Cornrnunity
DeveJ-opment Departrnent. (Ord 1-4, t987, Ord 7, L976, Ord 8, 1973)
SDD618.50. 060 Conditional Uses
Conditional_ useo"n"iopo,"ii ji.t" for Phases ,' ,!,_ rrr, _rv and V.of specialor tne-rii'ii ;#ft":"5"=:ilt.3"o*"j?"ia*i"'il"iron re. zz. o:o
A. A popcorn outside vendinc wason rh:i ^^-c___appearance with ti,"=" *!xi"{i:!:ri:i:J:$itr=""r1.
r andcorumerciat^g:I" il:- #;;i1., ro- orrice _uJ!J.
"x""pt thoseii3"i.tl"l"i:,::?'v-ig ;;;il:ipar use -"iiiI.
arlowed onr.e83' ofi ii"ir'r;: |le'=;: i|r;;. nl-r.iia':.i", rc"i,-6,i"22,
l_8.S0.OZO Accessory Uses
ii+i!:::=3llriig"- as. derineu ,', ln: ryoric Accornmodarion zone7t rsi6r'oli"r'i"lrl3i22.o4o, shalL be permitt"a-ln sDD6. (ord
L8. 50. 080 Development Stand.ards
The developnent
*r-r e J;6-+t':iiifi..*ifi*:L' :i"fflli3.i"'3;31;li' throushueveropnent Districr 6. foiJ-i]..is76,. ord 8, tszil
18.50.090 Lot Area and Si.te Dinensions
The special distr,oi"f_=llll.consist^of-an area totallj.ng 3.45sfffi as speciried in section--ie-lso.oro.- G}u ;;'ir76; ord 8,
18.50.100 Setbacks
The required. setba-cks ;!111 vary as indicated in theff::ilii!:'.5i:ii;tii$ti:".ii#:- _'"=_pi;;ilq'i,,d ",the_conmercia.L
"pu""-i5rr"I.,1**'lil"c
properties. portions ofrs76 .jiE-e',-ig;!i"" nav abut the soirrh'pi"i"itv iir,". (ord 7,
19.50.11.0 Distance Bete/een Buildings
f:it:iff:=oi'"Jrti-1"9 rTr the ninimurn disrance betweendeveropmert prui,t"ent sites shalr_be-as- indicated in the
::I_ap$l'"'i^ii,'6 ;:'.i: ili"ffi; :Flt r"--i"JI'itan so reet.
3$ifi i;i:.lii':":51_r i-r" 1. ^ffii:'"i$lil,
ili"i:i:1"fi:iii;n" ":=
+287, """iila=i;f?t
ni"rce, ArchitS"tr ra.i"J-rlili.,u=y rr,(ord 14; i;;;,Till 14 and April 17, isdii.-* ^="''d 7 ' L976i ord 8, Ig73)
I
I
I
i
i
t
SDD6
L8.50. r-20 Height
A. For Phases f, If, and III the allowable heights shall beas found on the developraent plan, specifically the siteplan and height plan dated 3/L2/76.
B. For Phases IV and V, the maxirnum building height shall beas set forth in the approved development plan by GordonPierce, Archj.tect (dated February L9, l-997, revised April14, and April 77, 1987).(ord L4, J-987 t Ord 7, L976; Ord 8, L973)
L8 . 50. l-3 0 Density
The Gross Residential Floor Area (GRFA) of all districts in theSpecial Development District, sha1l not exceed 12o,600 squarefeet. There shall be a minimum of L48 accommodation units and67,367 square feet of GRFA devoted to accommodation units in
Phases IV and V of Special Development District 6.
L8.50.140 Building Bulk
Building bu1k, maximum walt lengths, maximum dimensions forbuilding elements, reguirernents for wall offsets and verticalstepping of roof lines for Phases I, II and III shall beindicated on the development plan submitted by consultants,
Royston, Hanamoto, Beck and Abey on February J-2, L975- For
Phases IV and V, building bulk, maximum wall lengths, maximum
dimensions for building elements,. requirements for waIl offsets
and vertical stepping of roof lines shall be as indicated asper the approved developrnent plans submitted by Gordon R.Pierce, architect (dated February l-9, l-987, revised april 14
and April 22, L987). (ord 14, l9g7i ord z, L976i ord I, L9731
18.50.150 Coverage
The site area to be covered by buildings shall be as generallyindicated on the developnent plan, but in no case shall exceedfifty-five percent of the total site area. (Ord 7, L976i Ord 8,
L973)
18.50.160 Open Space
Useable open space shall be provided as required
acconrmodation district, Section 18.22.L20. (Ord
8 , l_973 )
Ln
7,
the public
1976r Ord
SDD6
18.50.170 Landscaping and site developnent
At least thirty percent of the total site area shal1 belandscape and plaza area. Landscaping and other sitedevelopment shall observe the tandscaping. concept as ind.icated.in the approved development plan. lora Zi nlA,. ord B, 1973)
L8.50.180 Parking and Loading
FoJ-lowing the completion of phases rv and v, there shaLr be notless than L2 surface parking spaces, 324 und,erground, parkingspaces, and 37 underground valet parking spacei as arl exisi,ingand as provided on the developurent plan-subrnitted by Gord.on R.Pierce, Architect (dated February r--9, 1987). The pioposed siteplan dated February L9, L9BT reflects the interim laricing plansbetween the developnent of phases IV and V.(Ord L4, L987 t Ord 7, Lg76; Ord Bt Lg73)
LB.50.190 Fireplaces
Fireplaces shall not be permitted in individ.ual accommod,ationunits. (ord 7, tg76r Ord 8, 1973)
18.50.2O0 Conservation Controls
Developer sha11 include in the buil-ding construction, energyand water conservation controls as general technorogy exists atthe tine of construction. (ord 7, 192a, ord. B, L9z5j
18.50.2L0 Recreational Anenities Tax
The recreationaL arnenities tax due for the deveropment, withinSDD6 under Chapter 3.20 shall be assessed at a rate not toexceed seventy-five cents per square foot of floor area and
9ha11 be paid in conjunction wi€n construction phases and priorto the issuance of a buiLding perrnit. (ord ?, isl 6; ord 8;1e73 )
18.50.220 Linitation on existence
Prior to tlre adoption of the approved, development plan, theTown Council reserves to the Town the right to abrogaEe ornodify Special Development District 6 foi good cause throughthe enactment of an ordinance; provided, however, that in trreevent the Town council finds it to be appropriate to considerwhether to abrogate or nodify sDD6, ttre-proledures shall be inaccordance with Chapter 19.66. (Ord 7, titAt Ord B, :-g73l
a
SDD 6
' : 18.5o.23o A:nenities
I' A. The developer shall prorride in Lts approved developmentplan a b,trs shelter of a design and location nutually
agreeable to the developer and the Town Couneil , fheshelter to sersre the area generally.
(
.+
1;,Attrachment: E .'
lynn FriElen, ALA, Archilect
lVilliam F. Pi€rce, ArchiteLl
Thonras R. Du Bois, Archilect
Stephatlie Lord-rohns:n, An;hitecl
David Baum, Ardritect
Kathy Hedinp, Business Manager
March 18,2003
1650 Ea5t V.ril Vallcy Drirc, Fallridge C.l,
Vall, Colorado Blfrs7
P:970.476.6142
f: 970.476.a9()1
[: info@vailarcfi itects.conr
www.r"ilarchitects.ccrn)
FRITZLEN PI ERCE ARCHITECTS
vArL coLoRADO
Unit5
Vail Village Plaza C-ondominium
(Alpenose Restauran$
Adjacent Property Owners:
Jcef Saufer Hanlon Family partsrership
702 Sandy Lane 385 GoreCrcek Ddve
Vail, CO 81657 Vail, CO Bt65Z
luke Meyer
813 Potato Patch Dr.
Vaif CO 81657
Bill Rey
do Claget Rey Gallery
100 E. Meadow Dr.
VailCO 81657
Waldir Pndo
950 Red Sandstone Road
Vail, CO 81657
Johanas Faessler
do Sonnenalp Hotel
82 E. Meadow Dr.
VaiL CO 81657
Mllage Inn Plaza Condominium Asoclation
do Peak Properties
100 Lionsridge Loop, Suib 3A
Vail, CO 81657
Talisman Condominiu m Association
62 E. Meadow Dr.
Vail, CO 81657
Red Sands Corpontion
C/o Vail Home Rentals, Inc.
143 East Meadow Drive. Suite 397
Vail, CO 816s7
l-Hr.rENl
lPrERcEltl
Attachment: E
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Unit 5
Vail Village Plaza Condominium
(Alpenrose Restaurant)
Description of Request
This Proposal involves an addition and alteration to the existing Alpenrose Restaurant in the Vail
Village Plaza Condominium. Additional enclosed dining space will be created on the west portion of
the south deck. The majority of the south deck will be maintained for outdoor dining while the north
deck remain for outdoor dining.
The south expansion of the restaurant will be primarily glass providing a strong street presence on a
year round basis.
The upper level dining space (above the bar and pastry counter) will be converted to a two story
residential dwelling unit containing 2383 sq. ft of CRFA. This space has never been successful as a
restaurant space (or retail space for that matter) due to the fact it is two stories above the kitchen,
access is difficult for customem and staff, and the space feels isolated from the restaurant and the
street.
The Apenrose currently seats 71 customers. A redesign and expansion of the restaurant will provide
the same number of seats on the lower levels as exists now within the restauranfs three levels.
The Proposal does not deviate from the development standards of the underlying zone district.
Zonine Analysis (based on SDD #6, and Ordinance No. 15, Series of 2001 (Units 335, 337))
l.!''ri: ti,i::1r , ll,\. ,\ri:iiri,r i
itilii:rrrr |. i:'i, i. ... .,1,r(.ir l.ii i
Jiri,r,.;: ii l)r: ll,':i i,. i, ',1i
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fl.lJl l: lli,,j.l:'rr.a.i. lli,i: i ir-':r:,,ri;it .t3r I
March 18, 2003
Lot Area
Total CRFA
Unit 5 CRFA
DU per acre
Site Coverage
Setbacks:
Front
Sides
Rear
I ir:rj ir.::jl \.':jl\,.:,jii:.. l.rr;.rl
\.: :]i . a i:! :.,.' : ) :)'1 !j:,
a') '),.:: l:i:1. i .)
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:: tr: ,:rr!i1:i.ii. !: i,: ,.. L,r?,
:,'.,.,r.i,, i:,ri:r;r'i::: I i,,., "
Existing
150,282 sq. ft.
182,325 sq. ft.
none
't2.75
61% or 92036 sq. ft.
Proposed
no cnanSe
184,708 sq. ft.
2383 sq. ft.
13
61% or 92,212 sq. ft.
.l
no cnange
no change
AI
5',
l,r l:r .1;r: ti..i
FRITZLEN PIERCE ARCH ITECTS
vA ., COLORADO
Unit 5 Vail Village Condominium Zonine Analvsis Continued
Height
Parking
Loading
Commercial Area
77.25' (site max)
30.8 ' (existing Unit 5)
291 spaces
5 berths
25% of CRFA" or 45,228 sq. ft.
36.8' (proposed unit 5)
no change in number of spaces but
conversion of restaurant space should
reduce parking requirement
no change
44,724 sq.fL
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