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HomeMy WebLinkAboutVAIL VILLAGE FILING 2 LOT I MEADOW VAIL PLACE FKA IPANEMA CORRESPONDENCE LEGALFfi€-LgVB LBZSE 002 t-134 / To:Warren Campbell Tontn of Vail flI't{tYFN 479*7{53 From: Krls Krohn Fru( 479_94f,7 Re:Endosure of parking Space 44 West Meadow Drive Vail, Cotorardo El65Z 97O. 476.427t Fax gZOo4?9-9482 P.At.t Dear Wanen: l.spoke with Gary Bossor who told me that the remodel of unit #t wasdone by hls company, GMA. He also said to loc'k unoei the aiiign"r,,name, Tom Collurn, if you cant find anything under hts c.rplni. Please. call me if I can be of further asslstance. Sincergyn " ffia TOTfl- P.E1 TOWN OFVAIL Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2 j,38 FAX 970-479-2452 www.ci.vail.co.us August 13,2002 Meadow Vail Place c/o Kris Krohn 44 West Meadow Drive Vail. CO 81658 Re: Enclosure of Parking Space Ms. Krohn: The Town of Vail has reviewed the inquiry by the owners of Unit 1 to enclose a parking space for storage purposes. Upon review it was determined that a total of 21 spaces are required per the Vail Town Code for the nine units located at Meadow Vail Place. There were initially 18 parking spaces located bellow ground, however, two spaces were lost in 1987 when the boilers were changed and the area expanded. The addition of the 900 square foot Employee Housing Unit in 1986 increased the need for parking on site. Further a space associated with Unit t has been enclosed and is used as personal storage. lnformation provided by you states that the parking space was enclosed when Unils 1 and 2 were renovated and combined sometime in 1986 or '1987. Statf has researched the files and found no record of permits being issued for such a renovation or parking space enclosure. Currently, there are 15 sub surface parking spaces and five above grade parking spaces for a total of 20 leave a one parking space deficiency. As a result, the owners of Unit 1 or the Condominium Associate need to submit verification of the approval of the unit combination and parking space enclosure, or an application to bring the changes into compliance, or remove the parking space enclosure. For future reference and to explain the calculation of parking the following table displays each unit, its size, and any additions that have been made. Unit 1&2 3 4 5 b '7 6 9 EHU Sq. Ft. 6060 2427 1857 2085 1861 2198 1850 3787 900 Additions Sq. Ft. Total24+173 6257NA 2427NA 1857NA 208sNA 1861NA 2198NA 18s0250 4037NA 9OO Required Parkinq 2.5 spaces 2.5 spaces 2.0 spaces 2.5 spaces 2.0 spaces 2.5 spaces 2.0 spaces 2.5 spaces 2.0 soaces tp u*o' "o Please submit the necessary documents at your convenience. lf you have any questions regarding this letter or the need materials please contacl me al479-2148 The Town of Vail fax number is 479-2452. With regards, il;a-il'J[ Wanen Campbell ' Planner ll eVe-l + s/ a08s I 9,o t ftit ) t;;.t iu ,-i.-J ; I ? i-.. .- !. Developer: Address: Units: ?: Unit No. Bedroom/Den TOI,{N OF VAIL, COLORADO Dalzmer Corporation, I.J.V.,a NetherLands Antilles Corporation c/o Jay R. peterson P. O. Box 3149VaiI, CO 81658 Units I through 9, inclusive,fpanema Condominiums 2. General Description:The units range in size fromA11 units have private decks,1,095 sguare feet, with fourceiling area in a portion of A11 units and amenities are completed.1,51-8.sguare feet to 3,797 square feet.ranging in size from 8g squtre feet toof the units having a doubie highthe unit. One unit has a vaulted ceiling. 4 J 5 3 3 3 4 3 4 1 2 3 4 5 5 7 R 9 Baths 4 5 3 3 4 3 4 No. Qrr !r + Deck 227 r,1s18 2427,L857 2085 'I8 61 2r98 .1850 37 87 4t€, nez 74 'L-5 722 L 88t.4 861L. gg L'> 7g '- BBa2togs.-5 nu- Double Highor Vaulted Ceilino Yes Yes Yes No Yes No No No Yes office: Adjacent to the entrance is an office with 450 squarefeet' The office would be used for general administrati,on of the time-share project . Management Housing: There is an area located on the mainlever with an area of 554 6quare feet which .oora be converted to angmp]gyee.housing unit with dhe consenr of rhe Town of vai1. a Cio",Residential Floor Area variance is needed to accomplish this. rt isthe intent of the developer to apply for this viriance. 9p'.z'(rre) c\xl13 1 I NI .:l AtRwAY - FOt? otru/cN/,5/ot\/s sEe F/RSf FLOAe F/< 6 /'/<D t<lv FR ?ldl7 ".1 l,-*, tt t. t9.a' I t5'.A'$vt-) .4', I o Pt< 3/3- \_/ P/<Hfi)V P/< 6 @ llli ri'c(y))t- - -L--l- - -,'5'(TYP)rc.c'(tve)o o,i a4RAC- o.z' N to 19. t'o't5 -t2.6 ,s .iY /.o'ol- 23.O z.t' o s -3'' ]9 ,gl :-8 i0;"- i - nr- .7',\,4--< dli 'r..N $ E.O' '-l 5't.5'o '/ito.T'- ||.J U 0 I t( i{ U tJ STAtt<c.c.e. MecH Rr4 -o.bcgFR b \1 \j l I a 8.cr^' UNIT I-LC.E. EE AHeerlF5 lort fo b'brdditian Design Review Board ACTION FORM Deparbnert of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 Jax: 97 0.479.2452 web : www.ci.vail.co.us Project Name: Smlth Residence DRB Number: DR8030359 Proiect Description: Add additional section of concrete patio Pafidpants: OWNER SMITH,MICHAELS.&IRIS 09/02/2003 Phone: 2 SEDGMCK DR ENGLEWOOD CO 80110 License: APPUCANT RUSTY SPIKE ENTERPRISES 09102/2003 Phone: 970-476-4374 P.O. BOX 1517 VAIL, CO 81658 Liense: ProjectAddress z 44WMEADOW DRVAIL LocaUon: r .i ( VV Z'd' .14 West Meadow Drive, #1 w ' ' t Legal DescripUon: Lot: I Block Subdivision: MEADOW VAIL PI-ACE CONDO Parcel Number: 210107116001 Comments: BOARD/STAFF ACTION MoUon By: Action: STAFFAPR Seond By:Vote: DateofApproval:09/11/2003 Conditions: Cond:8 (P|-AN): No dlanges to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond;0 (P|-AN): DRB approval does not constitute a permit for building. Please onsult with Town of Vail Building personnel prior to construction activities. Cond: CON0006121 The portion of the existing concrete patio located within the uUlity easement and within 10 feet ofthe property line shall be removed, revegetated, and inspected by the Town of Vail by no later than November 27, 2003. Planner: Bill Gibson DRB Fee Paid: $25O.OO ,,-t) o F,Tf 88PF TOWN OFVAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us September ll,2003 Kris Krohn Rusty Spike Enterprises, Inc. PO Box l5l7 Vail, CO 81658 RE: Smith Residence - Patio Expansion (DRB03-0369) 44 West Meadow Drive (Meadow Vail Place/Lot I, Vail Village 2'o Filing Dear Kris, Per our conversation, the Design Review Application for the proposed patio addition at the Smith residence located at Meadow Vail Place has been staff approved. However, according to our records, the existing portion of the patio located within the utility easement was constructed without Town of Vail approvals. This portion of the patio does not comply with the setback requirements of Title 12 (Zonng Regulations) and Title 14 (Development Standards Handbook), Vail Town Code, and is considered in violation of the Vail Town Code. The Smiths have two options to resolve this situation: l) Remove the existing portion of the patio located within the utility easement and revegetate the area with sod or landscape plantings; or, 2) Receive Town of Vail Planning and Environmental Commission approval of a setback variance and receive written approval from all utilities party to the easement. This issue shall be resolved by the Smiths by no later than November 27,2003, or the Town of Vail will be forced to begin code enforcement proceedings to resolve the situation. Thank you for your cooperation and ifyou have any questions or comments, please feel free to contact me directly at (970) 479-2173. Sincerelv. CC:Michael and Iris Smith David Rhoades. Town of Vail Code Enforcernent Officer 1 RECYCIAD PAPER ZuZ-Z . 2?. /Zz- Bill Gibson, AICP Planner II Town of Vail s t, IOI4ilVM Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2t39 faxi 970.479.2452 web: www.ci.vail.co.us 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 for Design Review cannot be accepted until all required information is received by the Community Development Department. The project 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 withln one year of the approval. Physical Address: parcet No.: Jt\ o I 01 I I tr oo t (Contact Eagle @. Assessor at 970-328-8640 for parcel nii.) Zoning: Name(s) of Owner(s):Mrcuqeu S. + Xc\s Snrfil Mailing /aq,5 e0 00,-y3to Phone: wner(s) Signature(s): Mailing Address: E-nrail Address: Nameof Appticant Rlrs't-t Sprf.f ?,rnzperScs, '. lpc. Po 6^l tstr =D ilL<Y Phone: 310- & I Ss Type of Review and Fee: tr Signs E Conceptual Review D New ConstructionD Addition Minor Alteration (multFfam ily/commercial) Minor Alteration (single-family/duplex) Changes to Approved Plans Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $6s0 $300 ,C:, $20 $20 No Fee x D D D For construction of a new building or demo/rebuild. For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as, reroofing, painUng, window additions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For revisions to plans already approved by Planning Staff or the Design Review Board. [gr!ff*'vag"'t' *.o* ro.. tt5 Applicationlate;_ 'Lil'7 l\q -JtL-zi-zG C:gf P.51 ,nrru:l||vffiETTN|mL|IIIA prfbdf ||FarilmgluddLflr#, r' lr-rftldr|tln lrn rtr|0t|l ll upTilr dlrt 6rnfr Didrrd oFt'rlL b t|. Fwd lntrusrrl b b aqtd a !: dts ndt tu I ttdld th t[a gold fryua:nts hcrft L(ffi e!5ronrdFqilH*(rftbil o.orol Ylesu, tL- fflrs Utrr tf^ | .-- i I trilrr rrr|crlbrd tbt |llE' tdffi|l mry b! mtde b tlr frlsq'thcol.rdlttc mfiw gfFe$ b G|lrt aD|rc St tlETil$ ltsoth @Ca td q[FlB .. rl+rt-4a. : p0) : , a! : hrc2dEfil/ote , 'a YhrfctrCrgf I lG FF:m1 RElq MT$TI|EADOW P[,r'rr-IILACE : August 18, 2003 Town of Vall Building Department 75 S. Frontage Road Vail, Colorado 81657 To Whom lt May Concern: Please be advised that the Meadow Vail Place Condominium Association has approved the patio addition for unit #l owned by Michael and lris Smith. 44 West Meadow Drive Vail. Colorado 81657 97O. 476-4271 Fax 97O. 479-9437 Respectfully, Managing Director rru*-7 o 1 & l % Wd n hfL/ ,t;ft,rinn|Al44b [ilqurUdroAlad; - yytlgln +fu.firc,h gvr Z+ . t(t t-.vv € I li ,, I Prcrect Name: Smlth Resldence PEG Number: PEC030076 Prorect Descdptlon: SETBACK VARIANCE Pardclpants: owNER SMTTH, MTCHAEL S. & rRrS r0F0/2003 2 SEDGWICK DR ENGTEWOOD CO 80110 APPUCAI,IT RUSTYSPIKE ENTERPRISES l0l30l2003 Phone:970476-1374 P.O. BOX 1517 vAIt- co 81658 CONTRACTOR RUSTY SPIKE ENTERPRISES IO|3O|2OO3 Phone: 9704764374 P.O. BOX 1517 VAIL, CO 81658 Liense: ,{60-8 Project Address: ,14 W MEADOW DR VAIL Locadon: Unit 1 Legal Descriptlon: Lot: I Block Subdivision: MEADOW VAIL PLACE CONDO Parcel Number: 2101-071-1600-1 Comments: BOARD/STAFF ACIION Motion By: Kjesbo Second By: Lamb Vote: 5-0 Conditions: Planner: Blll Glbson Action: DENIED Date of Approval: PEC Fee Paad; $500.00 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department December 8, 2003 A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for a patio in the rear setback, located at 44 West Meadow Drive/Lot l, VailVillage 2d Filing. Applicant: Michael & lris Smith, represented by Rusty Spike Enterprises, Inc. Planner: Bill Gibson il. SUMMARY The applicants, Michael & lris Smith, represented by Rusty Spike Enterprises, Inc., are requesting a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for an illegally constructed, at-grade concrete patio in the rear setback of Unit 1, Meadow Vail Place (formerly known as the lpanema Condominiums), located at 44 West Meadow Drive. Based upon Staffs review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of the proposed variance with the findings noted in Section lX of this memorandum. DESCRIPTION OF REQUEST The applicants are requesting a variance to allow an illegally constructed, at- grade concrete patio at Vail Meadow Place to remain as constructed. The provisions of Section 14-10-C2, Vail Town Code, allow at-grade patios in the High Density Multiple-Family zone district to encroach ten feet (10') into the required twenty-foot (20') rear setback. The illegally constructed patio encroaches approximately nineteen feet (19') into the rear setback, thus placing the patio within approximately one foot (1') of the rear property boundary. Additionally, the illegally constructed patio encroaches approximately nine feet (9') into a ten-foot (10') platted utility easement. The applicants' request (see Attachment B), an architectural sketch of the proposal (see Attachment C), a copy of the approved Condominium Map (see Attachment D), a partial lmprovement Location Certificate (see Attachment E), and a photograph of the illegally constructed patio (see Attachment F) have all been attached for reference. The provisions of Chapter 12-17 (Variance), Vail Town Code, determine the review criteria and review procedures for a variance request. t1r.BACKGROUND A revised Condominium Map (i.e. plat) for the lpanema Condominiums was approved by the Town of Vail in the fall of 1981 (see Attachment D). The approved plat illustrates a "decK within a general common element of the property on the northerly half of the rear portion of the building. The deck was platted to extend approximately fourteen feet (14.1') from the edge of the building. One corner of this deck was approved to encroach into the required twenty-foot (20') rear setback by approximately twelve feet (12') and approximately two feet (2') into a ten-foot (10') platted easement (i.e. two feet (2') further than permitted by today's zoning regulations). The approved Condominium Map does not illustrate any "deck" or patio within the Unit 1 limited common element (southerly half of the rear portion of the building). At some point since the fall of 1981 , an atgrade concrete patio has been constructed within the Unit 1 limited common element. There are no records of an application for this patio being submitted to the Town of Vail, nor any records of the Town's approval of the patio. In September of 2003, the applicants submitted a Design Review Application to the Town of Vail requesting approval of an extension to the existing patio located parallel to the Meadow Vail Place building. At that time, Staff discovered that the existing patio in the Unit 1 limited common element was not constructed in conformance with the Town's current zoning regulations and that no records exist showing Town review or approval of the existing patio. The proposed patio extension received Design Review approval with the condition that the portion of the existing patio that does not comply with the setback requirements of the zoning regulations shall be removed and re-vegetated, thus bringing the entire Unit 1 patio into compliance with the Town's zoning regulations. The applicants' only other option for bringing the existing patio into compliance with the Town's zoning regulations is to receive approval of a setback variance. Should the Planning and Environmental Commission choose to approve the variance request, the existing illegally constructed patio will comply with the zoning regulations and be permitted to remain as constructed. Should the Planning and Environmental Commission choose to deny the variance request, the applicant must remove and re-vegetate that portion of the existing patio which does not comply with the setback requirements. ln response to the variance application submittal requirements, the applicant has recently received written approval from the local utility companies for the existing patio encroachment into the platted utility easement (see Attachment G). ROLES OF REVIEWING BODIES Planning and Environmenta! Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial/approval with modification of variances. The Planning and Environmental Commission is responsible for evaluating a proposal for: tv. V. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must review any accompanying Design Review Board application. Town Counci!: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overtum the board's decision. 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 memorandum 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 modifications, or denial. Staff also facilitates the review process. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-6H: High Density Multiple-Family Residential (HDMF) District 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sifes for multiple-family dwellings af densitles to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropiately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resoft qualities of the district by establishing appropriate site development standards. Ceftain nonresidential uses are permifted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SEIEACKS; The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). Chapter 12-8C: Natural Area Preservation (NAPD) District 12-BC-1 : PURPOSE: The Natural Area Preseruation District is designed to provide areas which, because of their environmentally sensitive nature or natural beaug, shall be protected from encroachment by any building or other improvement, other than those listed in Secfion 12-8C-2 of this Article. The Natural Area Preseruation District is intended to ensure that designated lands remain in their natunl state, including reclaimed areas, by protecting such areas from development and preseruing open space. The Natural Area Preseruation Distict includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensrtrye natural areas is important for maintaining water quality and aguatic habitat, preseruing wildlife habitat, flood contol, protecting view corridors, minimizing the isk from hazard areas, and protecting the nafural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible imprcvements. Chapter 1 2-1 7: Variances 12-17-1: Purpose: A. Reasons For Seeking Variance: In order to prevent or fo /essen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this tifle as would result from strict or literal interpretation and enforcement, variances from cerlain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a sife or the location of existing strucfures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or frcm other physical limitations, street locations or conditions in the immediate vicinity. Cosf or inconvenience to the applicant of stict or literal compliance with a regulation shall not be a reason for orantino a variance. B. Development Standards Excepted: Vaiances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, sefbacks, distances between buildings, height, density contrcl, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respecf to the provisions of chapter 11 of this title, goveming physical development on a site. TITLE 14: DEVELOPMENT STANDARDS HANDBOOK Chapter 10: Design Review Standards and Guidelines 14-10C-2: Porches, sfepg decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (1D the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-foufth (/r) the minimum required dimension into a required distance between buildings. VI. SITE ANALYSIS Zoning: High Density Multiple-Family Residential (HDMF) Land Use Plan Designation: Medium Density Residential Current Land Use: Multiple-Family Residential Development Standard Allowed/Required Proposed Setbacks: Front (building): 2O' no change Sides (building): 20'120' no change Rear (building) 20' no change Rear (Unit 1 patio): 10' 1' VII. SURROUNDING LAND USES AND ZONING Land Use ZoninqNorth: Lodge Public AccommodationSouth: Gore Creek Natural Area Preservation East: Residential High Density Multiple-Family Fire Station General UseWest Residential Two-Family Residential VIII. CRITERIA AND FIND]NGS A. Consideration of Factors Reqardinq the Setback Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. Staff acknowledges that one corner of a deck on the northerly portion of the rear of the Meadow Vail Place building has been allowed to encroach into the required rear setback and the platted utility easement; however, the approval was issued in 1981 and there are no records to explain how or why the encroachment was approved. Due to the relationship of the Meadow Vail Place building design and the property line configuration, Staff believes a patio of similar size and similar rectangular shape can be designed for Unit 1 in full compliance with the provisions of the zoning regulation without the approval of a variance. Staff also believes approval of the variance request may negatively impact access to the platted utility easement. Additionally, a fundamental purpose of any setback requirement is to ensure the appropriate separation of uses between adjacent properties. The property located adjacent to the rear of the Meadow Vail Place site is the Town of Vail owned, Gore Creek stream tract which is zoned Natural Area Preservation. Staff does not believe that the proposed one-foot (1') separation of these uses is appropriate given the setback requirements and purpose of the High Density Multiple-Family Residential zone district and the environmentally sensitive nature of the stream tract and the purpose of the Natural Area Preservation zone district. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff acknowledges that one corner of a deck on the northerly portion of the rear of the Meadow Vail Place building has been allowed to encroach into the required rear setback and the platted utility easement; however, the existing encroachment is to a lesser degree than the encroachments requested by this variance. Therefore, Staff believes the proposed variance exceeds the degree of relief necessary to achieve compatibility and uniformity of treatment among sites in the vicinity. Additionally, there are no records indicating that the deck illustrated on the Condominium Map received any type of variance to allow its construction. The existing Meadow Vail Place building complies with the setback requirements of the High Density Multiple-Family Residential zone district and there are no unique site characteristics; therefore, Staff does not believe there is a physical hardship or extraordinary circumstance to warrant the approval of the variance request to allow the existing, illegally constructed patio at Meadow Vail Place to exceed the setback requirements. 3. Due to the relationship of the existing Meadow Vail Place building design and the existing property line configuration, Staff believes a patio of similar size and rectangular shape to those illustrated on the Condominium Map can be designed for Unit 1 in full compliance with the provisions of the zoning regulations without the approval of a variance. Therefore, Staff believes the proposed variance exceeds the degree of relief necessary to achieve compatibility and uniformi$ of treatment among sites in the vicinity and within the High Density Multiple-Family Residential zone district and will constitute a grant of special privilege. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The existing, illegally constructed concrete patio encroaches approximately nine feet (9') into a ten-foot (10') platted utility easement. While the applicant has recently received written approval from all local utilities companies for the existing patio being located within the utility easement, the Town of Vail has historically upheld a policy of not allowing construction within platted utility easements. While Staff does not believe that the proposed setback encroachment will have a significant impact on light and air, distribution of population, transportation and traffic facilities, public facilities, and public safety; however, staff does believe that the setback encroachment may negatively impact access to the platted utility easement. Such other factors and criteria as the commission deems applicable to the proposed variance. The Planninq and Environmental Commission.shall make the followinq findings before qrantinq a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. B. 4. 1. 2. 3. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. STAFF RECOMMENDATION The Community Development Department recommends denial of the variance request, to allow for a patio in the rear setback, located at 44 West Meadow Drive/Lot l, Vail Village 2d Filing. Staffs recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the granting of the variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. The strict literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 4. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. 5. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. However, should the Planning and Environmental Commission choose to approve, or approve with modification, the proposed variance request, the Commission shall make the following findings: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. b. c. tx. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretration or enforcement of the specified regulation would result in practical difficulty or unneoessary physical hardship inconsistent with the objectives of this tifle.b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variancE that do not apply generally to other properties in the same mne.c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of pdvileges enjoyed by the owners of other properties in the same distric't. X. ATTACHMENTS ^--tnity Map B. Applicanfs Request C. Architectural Sketch D. Approved Gondominium Map E. lmprovement Location Certificate (partial) F. Photognaph G. Utility Company Approvals H. Public Hearing Notice '9 Attachmenti A $ :il' Attachment: B October 10, 2003 To: Town of Vail From: Rusry Spike Enterprises, Inc. Re: application for a variance submittal requirements For the Smith residence at 44W. Meadow Drive A portion of an existing cement pad/patio located behind Meadow Vail Place Condominium unit #l is not in compliance with the setback requirements. Approximately 8 feet of the cement pad is in violation. a. The cement pad has little to no impact on any other structures in the vicinity. b. The larger arched patio area enhances the appearance ofthe back yard area of the complex giving a "softer" look and more in proportion to the rest of the concrete structure at the southeast corner. c. A portion of the arched area (approximately 8 feet) is on a utiliry eaSement d. Patios are an accessory use to residential propefties {ffi€/-{ wn W R&(t6T ft{v&tAt;c€ ''+frr| Po*ryrdU r P Encq{ENrf, Attachment: C 1 a I d #a lLt .4nnn4a)t^b WurtrV0oX,e) -ffiltue .- ,&n 'fu ler " 44i- t*- 1,2 --r, fll, Iril B { Attachment D I ii- i: i;t i!; a" ? .; Jst. {.' !:' :. ;i i7' t T -l16. ! l: .-lr -!: !! :l :! Iil$ ; I'S r{t1It g l- Ef: .$ dt#A'4ae i;it: 'ri!i lt ;!.: tEt:t-' i !! t.i lE! ! r-: :+;i: I I J'. | ,li i! i ; Jflii :: i rir Sii; i ii'Ji* li i, sfi#i:; li j !:; ii g =ti,i, Jii; i: E I tr. ai 6 ::: li riii ii i,i:! ;i I:!i t! : jEi rr i Iitt ai ll I ! I: t-' I' s t i r---1i ,ii#lii; iiHlii@;r icsr d€. ltI sl!$; Flle-i Yllil }!i l l*fl $q n N Y 6 H ;iii!$*i L Y b k .} to b l-a ) tr aQ r-s!-u R$ r! > + ,d -(/ $.3n tr:x$$ Isili $$$it {v$l bi-s N-I e{ :.i rdi; f F I ..,-_J Attachment: E ro.0'- ooo I IJ ooot.) a +al ) - - .-BUTLDTNG sffBAcK ll at1L9' srtJo'(9.5 RETAINING WALL I nr aro.o' IPANEMA CONDOMI: 0,617 ACRES ADDRESS: 44 WEST MEADOW APPROXIMATE BUILDING OUTLINE I \ 'ol tr; 11 atQ,' I ItFic L.C.E. UNIT 1 a/ \1 (o(o !t 4t' Attachment: F 'l"ii if{,':"# i!i.;:.i: ffiffi 3c)- 1.]- ai? i 1Cl.ra.df"l:US v!F:-q1' ="---'-_EiA.t@ iJ'odr.. rii nilr cq-orl.t!{t rrthr }r*til 0f yrtl G0lttf[y !t]n mt Inur|t *.out Attachment: l{ll I.Sl^ot Frt, ,/a -zV o5 G unetw rFtovrr I TtstctTffi ffi"ffi?x$="= rw s€lr'rn',rE * y "E3g_g4 r. lFFr! unurt=R*ffi '*Urr lflttvglf,elg1gc -- % -.-r-, Afiat-rtrl ---- trr,tra,Sl (lrrrc-l.t.rllt(Ertbd !Utir& tll-n;crns{.€u tlgo.ttF:i:trlrttron,{ml .rF ClujfiUa&{iljl ffiffiHffi -----=- r ,. rrc,rr|.{ilth0crrE? 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NO.9E7 -P.?./?- t-f $ l.utfioa F-ttlil0ftgt.ll unuil ArrtoY|t r wuFitcATION ffi ffiilir;ilffi#lr hp*r rrry cr,*rs or p,ops.o uuf ry r'JB:fi Yl'ffi ffi ili'xi#,gf il;ll**ffiffi ffi *..,* hr'orru fr QW:.'r9r0.tt..o2!70Lr Coatrcr: Scrs Ornryur gr0.4gl. g860r-q| Sfi.'p 9?o'l't,ql.!t fi"Tglilt:',FttcrrConOCJ nin grrror S$Hir$i'**'s7o,9{r.rsc6 (rbil soo?rcu Trd Xu*v Ectt|iltrcvq__-.--_.gxtnr:lioiii&r --------- (ontrdr: |Qt &err 9rg;5q,fmt Jrm o'tral 9,OZ62.{OOJI . . ffFi$trffi--k-%szo.+zc.x{ro rldi-'--' !r9,+zg.<srt ;f.,4(J|li!|ce Ru lt||lc.ffiffii$f'*r : --,70,t4tJ1!t tno '- Snh6r nort'Srhr /0)7$3!Otf} ---------* - :j l. It d13 uuW |pgfiill B vrltllamn r6nn hi d-^rr.-;i.'.,t .;'lll-iffi '# #'s??lm ffi ffiF-m## #,Hyffi R'ffi trs il1LiXW ffi'ffi '# ff.rm ffi33l Fr-{!-rg-rsrhn sharr r're dr,FcryffiffiqffiffiSffiffiffitt{g_u uro.-iiii' e u,c rowr of :trrlry c.nrFw a'rd tt'. ;rerdil 6 ffi'iJ,.fihffi h mind Ftlr h rs Or rWprsOUVcttrp 3. ThGr vtr{tctuorre rh nart Ir.€p.nnq,r o; p$(c * *, f H.r$,,.rliaiol{"Sg"Hl:xyj!g' -olbtn r^ tultk wry psrntt,ranr urffsffi tf.'H'*igr;H'd'mtq[-mry#e"ffi,f; fr ETtffi,H,airtrmd-wcy or einrnrnr,;fi"'f,"' ;iln"iilli,:q$at{.m-rdfk Wffiffiffi*:Hffirffi"Fn:ffit#;* '/D -27- ol .c.*ry #" THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: H 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, December 8, 2003, at 2:00 P.M. in the Vail Town Council Chambers. In consideralion of: A request for a setback variance, pursuant to Chapter 12-17,Variances, Vail Town Code, to allow lor a patio in the rear yard setback, located at 44 West Meadow Drive/Lot l, Vail Village 12'n Filing, and setting forth details in regard thereto. Applicant: Michael and lris SmithPlanner: Bill Gibson A request for a recommendation to the Vail Town Council for the establishment of Special Developmenl District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type lll Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7'n Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and AssociatesPlanner: Warren Campbell A requesl for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-94-1 0, Vail Town Code, to allow for a mixed-use hotel; a request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail TownCode,toallowforTypelll EmployeeHousingUnitsandafractional fee club; and a request for a recommendation to ihe Vail Town Council of a proposed rezoning of Lots 9A & 9C, Vail Village 2no Filing from Public Accommodation (PA) zone district to High Density Multiple family (HDMF) zone district, located al 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2no Filing, and setting forth details in regard thereto. Applicant: Nicollet lsland Development Company Inc.Planner: George Ruther This notice published in the Vail Daily on November 21 ,2003. l4' \ tq\o ' $\ .\t) ^!t'\' I0t4A'm O Rezoning $1300D Major Subdivision $1500El Minor Subdivision $650El Exemption Plat $650E Minor Amendment to an SDD $1000D New Special Development District 96000tr Major Amendment to an SDD 96000E Major Amendment to an SDD $1250 (n o exterior m od i fi cation s) Description of the Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colontlo 81557 tel: 970.479.2t39 tax: 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 perqit gpplication. Please refer to the submittal requirements for the particular approval that is requested. An applicatiori fbi Planning and Environmental Commission review cannot be accepted until all required information is.received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type ofApplication and Fee: O Conditional Use PermitD FloodolainModification =P Minor Exterior Alterationtr Major Exterior Alteration tr Development PlanE Amendment to a Develooment Plan - tr r Zoning Code Amendment XL Variancer_\ -.LJ sron Vanance $5s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 uest:Req Ctns Location of the Proposal: Physical Addressl (Contact Eagle Co. Assessor at 970-328-8540 for parcel no.) Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of Applicant: E-mail Address: For Office Use Only: Fee Paid: Page I of6-01/18/02 Application for a Variance Submittal Requirements GENERAL INFORMATION Variances may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulations incohslstent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. I. SUBMITTAL REOUIREMENTS Fee: 9500.00 Stamped, addressed envelopes and a list of the property owners adjacent to the subject property, including properties behind and across streets. The list of property owners shall include the owners' name(s), corresponding mailing address, and the physical address and legal description of the propefi owned by each. The applicant is responsible for correct names and mailing addresses. This information is available from the Eagle County Assessor's office. pritr" Report, including Schedules A & B ffiiritten approval from a condominium association, landlord, and joint owner, if applicable. /-y a written description of the nature of the variance requested and the specific L4, regulation(s) involved, including an explanation of why the variance is required and why the strict 4 or literal interpretation of the specific regulation(s) *ould result in a physical hardship or practical Ug [' difficulty, ,F(' / o ) A written statement addressing the following: n V a. The relationship of the requested variance to other existing or potential . uses and structures in ,r ,b thevicinity. W u b. The degree to which relief from the strict or literal interpretation and enforcement of a specified t / regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. c. The effect of the variance on light and air, distribution of population, transportation, traffic facilities, utilities, and public safety. d. How the request complies with adopted Town of Vail planning policies and development objectives. 7)d st"rp"d Topographic suruey (Four complete sets of plans). , ^&. fpartr,tng and Proposed Site and Grading Ptans (Four complete sets of plans). ,fZ Existing and Proposed Architectural Elevations (Four complete sets of plans). Existing and Proposed Architectural Floor Plans (Four complete sets of plans). All plans must also be submitted in 8.5" x 11" reduced format. These are required for the Planning and Environmental Commission members' information packets, \y'naaition.l Material: The Administrator and/or PEC may require the submission of additional plans, '' ' drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposat. Page 3 of6-01/18/02 IOI4NM JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER I, (print nuru) 14 t cuArr- Snr rfi . a joint owner of property located at (address/tegal a"r.riptioni"f\ee,or,^rUn. Pr,ve lhrr No I Yt{ to fvlemor^:D( t6-1-03provide this letter as written approval of the plans dated been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand 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. which have t-r'-(Date) PftnO THAfr ruftS Page 2 of 6-01/ I 8/02 T0vN uFvln Derytment ol C ommwltY DeveloPment 75 South Frcntage Road Vail, Colorado 81657 970-479-2 t 38 FAX 970-479-2152 ttwYt cl.vail,co.us Septcmber I1,2003 Krislftohn Rusty Spike EnterPrises, Inc. POBox l5l7 Vail, CO 81558 RE: Smith Residence - Patio Expansion (DR8034369) 44WestM€adowf,hive(MeadowVailPlaceX-otl,Vai|Vil|age2*Filing Dear Kris, Per our convenation, the Dcsip Review Application for the proposed patio addition at the Smilh recidence located at Meadow ialt ptace las been staff approved- However, according to our records, the existing portion of the patio located within the utility eas€ment was constructed without Town of Vail tp;;i. Ttis portion of rhe patio does not comply_with the setback roquir€m€nts of Title 12 (Zoning ilJg,tfJi-rt -dritt" t4 (Dwlloprncnr sraodards Handbook), Vail Town Co&, and is considetod in violation of the Vail Town Codc. The Smiths hsve two options to resolvc this dtuation: l ) Remove the existing portion of the patio located within the utility easement and revrgetate the area with sod or landscape plaotings; or, 2) Receive Towu of Vail Ptanning and Environmental Commission approval of a setback variance and receive written approval from all utilities party to the easement- Tlris issue shall bc resolved by the Smiths by no later than Novernber 27,20A3, or the Town of Vail will be forced to begin code eoforcement proceedings to resolve the situation. Thank you for your coopcration and ifyou have any questions or commants, please feel frce to contact me directly d. (97 0) 47 9-2 l7 3. Sinctrely, A.zzzu- fu. r/.^r-- Bill Gibson, AICP Planner II Town of Vail CC: Michael and lris Smith David Moades, Town of Vail Code Enforcenrent C)fficer t fra4'cllD ltttt ,olrrf PtoPERtYowNEr w nIYTt3il lppf, ov/ll tETtER t, (pnnt **f -{, "** .$arni-. r Jotnt o*r:r ot ptoplrty los'd ., (addruqrgd TOWN our.,'eroniitlro-urUn r. Pr-e lh,t 0" l-. .{t{ q,rlru@d&,, *- trovldc $ii lrfficrar wrlttsn rppronal of tlr Alr|l3 dlEd whl$ hae bcan rub{nl66d to tlrc Town of valt Cornmunfiy Dcrdopnrrnt DcAartnenl lbr tfu pro?gacd lnOroyrrilnB to be corrphM rtha sddn$ nd€d abolra. I understrnd tlEt he proposeC LnF.9rnflfntB incJudc: I further undercland ttr$ mlnor rnodfflcathns nrry bc midc b d't pl|nt orr.r thc courlt ol t{t rfttaw prcacs to en$irn complbnct i.{th $a ]'own! rpdicable Codet and cnruhtirru, P{.1of &0U16/ox El-gl-ffi 8:@Fl,^'t TA-) eaa,aa@'d raggglbat€l:or ID)FREEFORT LI.C E6a6SEIl gN'i PffErmt R=1mt Idod;l3uj :tioul 90 :m Eme-8a-iJo ..rffr_ ,,,; ,i.* rii THIS ITEM MAY AFFECT YOUR PROPERW ,"irr" ". f' 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, December 8, 2003, at 2:00 P.M. in the Vail Town Council Chambers. In consideration of: A request for a setback variance, pursuant to Chapter 12-17,Variances, Vail Town Code, -to allow for a patio in the rear yard setback, located at 44 West Meadow Drive/Lot l, Vail Village 12th Filing, and setting forth details in regard thereto. Applicant: Michael and lris SmithPlanner: Bill Gibson A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type lll Employee Housing Units, pursuant.to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7'n Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and AssociatesPlanner: Warren Campbell A request for a recommendation to the Vail Town Council of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-1 0, Vail Town Code, to allow for a mixed-use hotel; a requesl for a final review of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for Type lll Employee Housing Units and a fractional fee club; and a request for a recommendation to the Vail Town Council of a proposed rezoning of Lots 9A & 9C, Vail Village 2no Filing from Public Accommodation (PA) zone district to High Density Multiple family (HDMF) zone district, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2no Filing, and setting forth details in regard thereto. Applicant: Nicollet lsland Development Company Inc.Planner: George Ruther This notice published in the Vail Daily on November 21 ,2003. '\t) t"' \,0\P\\\ UNDERGROUND LOCATORS ri i.J t- 970-257-7917 List Co. Billing fiirer#ryq,; * i,or, 17,,8, f,r.{ t"'{ 7-) T*;* -I;tl ( " 7-) )'l-, '*,, | ''',5 L/d, -o1) ,t i,,ia,i ..;-.-..., |... .,.y \,1'I LOCATOR'S NAME Signature ot p€rson on iob ro.o' --f ooo I td ooor? a !tr1al rl " ''--J I I) ' --BUTL'NG 'EIBA.Krl tt119' drtJo'(9,5 RETAINING WALL tpRNEuR coNDoMl: 0.617 ACRES ADDRESS: 44 WEST MEADOW APPROXIMATE BUILDING OUTLINE 'dK 1r.o')11 LIGHT PoST -/(T'lPtcAL) ./ 4e- ttt.4t'l rcl Avott colotfif|| }*til 0t tr,! 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Fr;r b tulnat ]lt rwir! tlGwnrgl E br udlF lb? iFlpttr|l l tG r *t rtUrO tn atu wly rfF d'r ufirsir*t igtttE drte (udcrr ottrnFr |a mypsbll€ txDubrrhruqt'd /a - zt -o> ocT.?€.2@3 tl34a9N TCr AVON COLO . 30t-t0{t flrlln }n"ttt 0f yrtt OIUU?y ,trtpm? trlant.f, N0.907 -P.?/?- l{ft I.at^oa Frfr .IFonrtr Er unuilarrtlwrtrw[FtQruor ,_, QU;tl9r!,!af.o2F(bl G*tCr: ioaqttttn-to.a6!.€tg0ryt srrrg trgttf,@lt ffibl#l,iF.'cranoe nlgtgirc r|otvcFratcrreyrg,ilt,trt2(ut rro,eo.rs56ftirgonbct rrd iu&r retltxll€v r70:al.€ta (frr)g!|rl1.!: l(C logrt t'!.Ztz,f€a rm ohGl rruaaioo! ryl'trrrrwrtarffi#,Feio.+rr,rof trricgrocB rr-xrfor cotGlttrElttrc 3#:fi?iti,if *, Sqt4 id'|,I0-!.ic u[r] -- "-r\ry'qt-'' :#i.Hlffi;:ilf#lmHffi,,*t#f il,ty#lfi Ti"f,.Sffi iftd qUr*?#iTi'H *'ffi 3:pg* p"-gLg.=,q*h.' r€.e d,'tdyffii&ffisT,*H;mii.ffiIgsJ;"t#:F&t,ffi ;g'mffiAffi3 H ffi; _Iffi#Ii,$?Fth *p"v .,u l,' rlertnt-E ;iil;iil,iiii ffifiilEtrffi ff##th"Um.,4,1^g:PRg pll[n r. ptr mr rr,.,r r's' nt&ffi!hh#.liblllr.lffig.rsilt "ffi;'.il;^";Ui &ti Wffiffififfi':uffiffiisffin#;. /o -27- ob Mr.Joseph DeDecker X/o Vail Realty 302 Hanson Ranch Road Vail, Colorado 81652 Mr, Steven Rineberg 7475-9 East Gainey Ri Scottsdale, AZ 85258 Chateau Vail C/oJim Wlldman Doramar hotels, Inc. 4849 Bannock Street Denver, Colorado 80216 Mr. Gary Slmon C/o Peak Properties | 0O0 Uonsrtdge Loop Sulte 3l Vail, Colorado 81652 s fu' Sr. Jose Luls Hernaiz C/o Aventi Inc. P.O. Box 2631 Vail, Co 8l658 ' : .., ::':':....:. ''....'..: ..:, :: ..,-...... ',.. ''.. ' '1': :..:, :, . ., l:r :::::::; .''-''' : ..i .. r"r:.:.". r; Mr. Eugene Mercy,Jr.llll ParkAvenue NewYork, NY 10128 Dr. Joel Bauer C/o Vall Realty 302 Hanson Ranch Road Vail, Co 81657 L-''''a:ir'rr- 1;r''1t,?,'lli Mr. Thomas Sheridan C/o Vail RealtY ibz H"nton Ranch Road Vall, Co 81657 Mr. Arthur S. Gelfand P.O. Box 6688 Somerset, N, 08875-6688 Dr. Phllllp Caruso 2428 N.E. l2s Court Ft. Lauderdale, FL 33304 Mr. Davld Crane C/o Avanti Inc. P.O. Box 2631 Vail, Co 81558 Mr. Rubin Catan C/o Vail Realty 302 Hanson Ranch Road Vail, Co 81657 ;lj:r{i Mr. Wllliam W. Graham I l66l San Vincente Blvd, #401 Los Angeles, CA 90049 Ms. Linda Dickinson l03l 5 lron Gate Road Potomac, MD ZOg54 Mrs. Margaret Fuller 5123 S. Perry Circte Llttleton, Co 80123 Mr. Wllliam A. potter I 130 Park Avenue NewYork, NY l0l2A Mr. Bruce Harris 705 Sunfish Austin, TX 78734 Mr. Pablo Bustamante C/o Vail Realty 302 Hanson Ranch Road Vall, Co 81657 Mr. Wllliam M. Obering One DTC 5251 DTC parkway, Suite 425ureenwood Village, CO g0l I I Euwer Revocable Livlng Trust Mr. James M. Todd 5728 South Gallup Street Llttleton, Co 80120 .l: Syfvfa Rebecca Zyman C/o Brown & Speigel Att: Brenda Brown 500 Bishop Street A5 Atlanta, GA 30318 Mr, William D. Loper 22 West Meadow Drive Vail, Co 81657 Mr. James W. Pinkard 3440 Youngfield Stree t, #35 | Wheatridge, CO 80033 PMB Trio Inc. C/o ManuelMartinez Worldwide Consufting Grou p9.05 B.rickell Bay Drivi, Unit 230Mlami, FL 13l3l TOWNOFVAIL 75 S.FRONTAGEROAD vArL, co 816s7 970-479-2138 COIITRACTOR RUSTY SPIKE EIfTERPRTSES P.O. BOX 1517 VAIL, CO 81558 License:460-8 APPLICANf Rusty Spike Ent Michael D Krohn Box 1517 Vail, CO 8L6s8 Iricense: Desciption: Replace stucco balcony wall with metal railings Occupancy: Type Construction: Rl Multi-Familv Type Occupancy:2? $8,200.00Valuation: Fireplace Information: Restricted:# ofGas Appliances: 0 DEPARTMENT OF COMMTJNITY DEVELOPMENT L"+ I u".^t o,L(..J.--\ (J,L\...tc .Zl9 Kr.-&^,6:^"\PL.-NOTE:THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ADD/ALT MF BUILD PERMIT Job Address.: 44 W MEADOW DR VAIL Location......: 44 W Meadow Drive #5 ParcelNo....: 210l07l16005 projectNo...: ?tUoS ooL\L owNER FERGUSON, .IOHN F. & JERIS p.O4/07/20O3 TERRY O- 1955 S FREMOIVT STE 37OO SPRINGFIEI-,D MO 65804 Lricense: Phone: 04/o7/2003 Phone: 97O-4'76-4374 04/07/2003 Phone: 970-390-6155 Add Sq Ft: # ofGas [ogs: 0 Permit #: 803-0040 Status.....: ISSUED Applied...: 04/07/2003 Issued ...: 04/16/2003 Expires...: 10/13/2003 # of Wood Pellet: 0 Total Calculated Pees-> Additional Fees-> Total Permit Fee-> Pa)ments---_--> BALA\ICE DUE__> :t**at:|t t *,lara **:l 'l * artt'l*ltt +,1'| trr * Building._.-2 Plan Check--> lnvestigation-> Will Call----> $167 .25 Restuarant Plan Revie\ /-> S108 . ?1 DRB Fee---__> 90.00 RecreationFee--------> $3 . o0 Clean-up Deposit-> TOTALFEES > s0. 00 $20.00 s0.00 $100. 00 s398.95 s39S.96 $0. 00 $398.96 s398.96 $0 .00 Approvals:Item: 05100 BUIL,DING DEPARTMEMI o4/L4/20O3 JRI4 Action: Item: 05400 PIJANNING DEPARTMENI 04/].t/2O03 Matt Gennett Action: Item: 05600 FIRE DEPARTMENT Item: 05500 PIIBL,IC WORKS AP AP See page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is conect. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, desigr review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQI,JESTS FOR INSPECTION SHALL BE MADE TWENry.FOUR HOURS IN ADV FROM 8:00 AM - 4 PM. TUREOF O FORHIMSELF AND OWNEF PAGE 2 't**'t*t'}********'t**!t*'}***i***t}********'t,}****!t***:i,}*:|*'}'ttt*'t't't*{t*'t*****:f*:t'}**'**'t'}'t*'}i,}*!t***********t}!l'}'}!}* CONDITIONS OF APPROVAL Permit #: 803-0040 as of 04-16-2003 Status: ISSUED **i*'t*'t'|'t't*'|{t*:t!t:}:*'t'*!*'****|tl*:t***:|:|:|t:}:*{t't{!:|'|'|'}*******'**l}'|t'},t|}:tt**** PermitType: ADD/ALTMFBUILDPERMIT Applied: 04/07/2003 Applicant Rusty Spike Ent Issued: 04116/2003 970-390-6155 ToExpire: 10/1312003 Job Address: 44 W MEADOW DR VAIL Location: 44 W Meadow Drive #5 ParcelNo: 210107116005 Description: Replace stucco balcony wall with metal railings Conditions: Cond: 12 (BLDG.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. Cond: 14 (BLDG.): ALL PENETRATIONS IN WALLS,CEILINGS,AND FLOORS TO BE SEALED WITHAN APPROVED FIRE MATERIAL, Cond: 16 (BLDG.): SMOKE DETECTORS ARE REQUIRED IN ALL BEDROOMS AND EVERY STORY AS PER SEC.3IO.9.I OF THE I997 UBC. Cond: I (FIRE): FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY WORKCANBE STARTED. APPLICATION WILL NOT BE ACCEPTED IF INCOMPLETE OR UNSIGNED tl Project #: Building Permit #: .i.*.:r^.,.,r_,;,.-2 :J:- :.:11<=:@t F4,9 ?p/VI,IOFVIN 75 S, Frontage Rd. Vail, Golorado 81657 rowN'6?6rL eurLorr.rc pEnrflrr nppLlcnror.t ^qVSeparate Permits are required for electrical, plumbing, mechanical, 9t | ' I.r,r,,..v,,,,Ev'q..,vq, [; ft{ Ar-Tr1Er rlrE^Erlr^?r^- t{ 2 ' GONTRACTOR INFORMATION COMPLETE VALUATIONS FOR BUILDING PERMIT BUTLDING: S8?-oO. TOTAL: $ 6Aoa,e*MECHANICAL:$PLUMBING: $ For Parcel # Contact Assessors Oflice at 970-328-8640 Pnt'elt, /A /o?/ /4oo5:tu l _ t"o *'1'/4€ek' # 5,/h,lna ln il Tvn,#lf,i+,Ui#dffi Legal Description ll lott Block:--Filytg: _71-,,/,, / hFub-division.4,ffi!,flavflt 4 orytaWr'/)<.zk ArchitecUUesigner:Address:Phone: ffiFnooress:Phone:u,Afr%\-WorkClass: New() Addition( ) Remodel fS Repair( ) Demo( ) Other( ) Work Type: Interior ( ; Exteriorlgf Both ( )Does an EHU exist at this location: Yes ( ) No 0d Type of Btdg.: Single-famity ( ) Two-family ( ) uuttif"*lFcottet"ial ( ) Restaurant ( ) other ( ) No. of Existing Dwelling Units in this building: f v q No. of Accommodation Units in this building: No/Tvpeof FireplacesExistinq: GasAppliances( ) GasLogs( ) Wood/Pellet( ) WoodBurning( ) No/TvDe of Fireplaces Proposed: Gas Appliances ( ) Gas Logs ( ) Wood/Pellet ( ) Wood Burning (NOT ALLOWED) Does a Fire Alarm Exist: Yes ( ) No ( )Doea-Tire Sprinkler System Exist: Yes ( ) No ( ) **H**r$!.*1ffi***.ffi*t}i****sFoR oFFICE USE ONlY"**r****r**r*t*******ffi*rr**+,.l.* \WailUata\cdev\FORMS\PERM ITS\BLDGPERM.DOC TOh'NM Project Name:/fux-L 4 Projeqt Address: ,/ha0br' ,no ' Questions? Call the Building Team at 479-2325 Department of Community Development rnF4 Ue;l '/a* 6ai/ti/ ,4i rfts7 5 o o d o o This Checklist must he omoleted before a Buildino Permit appliation is aceoM. All pages of application is complete Has DRB approval obtained (if required) Provide a copy of approval form Condominium Association letter of approval attached if project is a MultFFamily complex Complete site plan submitted Public Way Permit application included if applicable (refer to Public Works checklist) Staging plan included (refer to Public Works checklist) No dumpster,parkinq or material storaoe allowed on roadways and shoulderc without written aooroval Asbestos test and results submitted if demolition is occurring Architect stamp and signature (All Commercial and Multi family) Full floor plans including building sections and elevations(4 sets of plans for Multi-Family and Commercial) Window and door schedule Full structural plans, including design criteria (ie.loads) Structural Engineer stamp and signature on structural plans (All Commercial and Multi Family) Soils Report must be submitted prior to footing inspection Fire resistive assemblies specified and penetrations indicated Smoke detectors shown on plans Types and quantity of fireplaces shown Applicanfs Signature: o D o o tr o D o o D Dahorsubmittar: &kJ // /ao" F :/a/eryone/forms/bldperm2 Received By: BUILDING PERMIT ISSUANCE TIME FRAME '{ e,: If this permit requires a Town of Vail Fire Department Approval, Engineer's (Public Works) review and approval, a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review will take as long as three (3) weeks. All commercial (large or small) and all multi-family permits will have to follow the above mentioned maximum requirements, Residential and small projects should take a lesser amount of time. However, if residential or smaller projecB impact the various above mentioned depaftments with regard to necessary review, these projects may also take three (3) weeks to review and approve. Every attempt will be made by this department to expedite this permit as soon as possible. I, the undersigned, understand the plan check procedure and time frame. I also understand that if the permit is not picked up by the expiration date, that I must still pay the plan check fee and that if I fail to do so it may affect future permits that I apply for. Agreed to by: Project Name:flze/-l{fVz-qln' Ya /l4}/e/ Ka' ln'z oate: /' / // 7-aaj Print name F: everyone/forms/bldperm3 R.qqr!8 acD100@|[r! l|[!.dil1{rtsI!r Rcq|€fEdltllp|atD.b:ln|e.olbnAt||:Slblrlln r: TIDG ATf,Octui*:v:F.&.fRFF..EEK Srt|; FSIIDfrpAl|: .nil a'3|IGA0OWDRV IL atf WtaalouDrnrG fi9alnGHIIDrTO.Rll ErsdilnEaflrn0l lhnr e0 BtDGflnd R.qn .bf: RuSTYSFI(E ENTERFRFES Ardil.dTo: .ilOI{ORA€ON- Arilon: lhm:bm:l.D:Tn:hn: bnt:lmr:lilr: bnr:hm: to 20o 60 60 70$ 21 z2 Rcqucrid tlme: 0!i00 At- Pfrflu llltr47'l}l?z1 .or 3S.l.l3lEn5tdry ooor-oEN K ELDGSMocl(NilBlDeilrc.EI,.DB{H Ptl0$lLC FourfiilonPhn F|. t$fi.csbPtn sfft!,..r.r*04,200t *'lB: * FlEt.: gtD$6l55 Flur: ItU4t94374rilr-[trbHlE.l.n FEEtt TtmEp: oil |iF. 15b,*|xl. - LCAFAEII.BOLDEN REPII131 Run ldl: 1,279 I Design Review Board ACTION FORM Departrnent of Communlty Development 75 South Frontage Road, Vail, Colorado 81657 te* 970.479.2L39 fax: 970.479.2452 web: www.ci.vail.co.us Project l{ame: Railing replacement, unit 5 DRB Number: DR8030058 Project Descriptlon: Replace stucco balcony wall with metal railings on Unit 5. Participants: OWNER FERGUSON, JOHN F. &JERIS P.03/14/2003 Phone: TERRY O. 1965 S FREMONT STE 37OO SPRINGRELD MO 65804 License: APPLICANT Rusty Spike Ent 03lI4l2OO3 Phone: 970-390-5155 Michael D Krohn Box 1517 Vail, CO 81658 License: Prcject Addreqs: 44 W MEADOW DR VAIL LocaUon: 44 W Meadow Drive #5 Legal Description: Lot: I Block: Subdivision: MEADOW VAIL PLACE CONDO Parcel Number: 210107116005 Comments: BOARD/STAFF ACIION Motion By: Action: STAFFAPR Second By:Vote: Date of Approvah 0312512003 Conditions: 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:0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Plannen Matt Gennett DRB Fee Paid: $25O.OO ,*ffi Mailing Address: Owner(s) Signature(s): Name of Appllcant: Application for Design Review Depaftment of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 tax: 970.179|2452 web: www.ci.vail.co'us General Information: All projects requiring design review must receive approval prior to submifring a building permit application. Please r*6r tl ttre submifral requirements for the particular approval that is requested. An application for Design Rwiew cannot be accepted untii att required information is received by the Community De^relopment Department.. The pqect may also need to be reviewed by the Town Cruncil and/or the Planning and Environmental Commission' iteiign review approval lapses unless a building permit is issued and construction commences wathin one year of dre approval. Degcription of the /-u Location of the Proposal: Physical Address: Parcel No.:(Contact Eagle Co. Assessor at 970-328-8540 for parcel no.) Zoning: Name(s) of owner(s): ?N ;t '14'/6. 7//s7 ,{F E-mail Address: Mailing Address: n tr tr V tr tr D Type of Revie$, and Fee: tr Signs Conceotual Review New Crnstruction Addition Minor Alteration (m ulb-famity/ibmmercial ) Minor Alteration (single-family/duplex) Changes to Approved Plans Separation Request $50 Plus $1.00 per sguare foot of total sign area. No Fee $650 For constuuction 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 slte improvements, such as'\---" reroofing, painting, windorr 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 already approved by Planning Staff or the Design Revlew Board. No Fee For Ofrice Use Only:i; P'iil-ASD: ch'ni..No: Hba,4 By, D? TOI4ilVM I, (print name) description) IOINT PROPERWOWNER WRITTEN APPROVAL LETTER , a Joint owner of property located at (address/legal provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Depadment for the proposed improvements to be completed at the address noted above, I understand that the proposed improvements include: I fufther 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. (Signature)(Date) Page 2 of L402107102 ,*ffi MINOR EXTERIOR ALTERATIONS TO BUILDINGS AND SITE IMPROVEMENTS SUBMITTAL REQUIREMENTS General Information: This application is required for proposals involving minor elterior 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. I. SUBMITTAL REOUIREMENTS o Stamped topographic survey*, if applicableo Site and Grading Plan, if applicable*a Landscape Plan, if applicable* D Photos or drawings which clearly convey existing conditions*o Photos or drawings which clearly convey the proposed building or site alteration(s)*o Exterior color and material samples and specifications.o Lighting Plan* and Cut-sheet(s) for proposed fixtures, if applicableo Written approval from a condominium association or joint owner, 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 project 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 (*), Topographic sun ey:o Wet stamp and signature of a licensed surveyora Date of surveytr North arrow and graphic bar scalea Scale of 1"=10'or 1"=20')o Legal description and physical addresso Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 400/o, and floodplain)a Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the surveyB Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner.D Show right of way and property lines; including bearings, distances and curve information. tr Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions. o Spot Elevations at the edge of asphalt, along the street frontage of the property at twenty- five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.o Topographic conditions at two foot contour intervals o Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a point one foot above grade. tr Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.).a All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).a Environmental Hazards (ie, rockfall, debris flow, avalanche, wetlands, floodplain, soils) Page 3 of t2lo2/07/02 o Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to the required stream or creak setback)o Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site. Exact location of exisUng utility sources and proposed service lines from their source to the structure. Utilities to include: Cable TV Sewer GasTelephone Water Electrico Size and type of drainage culverts, swales, etc,o Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250' in either direction from property. Site and Grading Planlo Scale of l"=20'or largero Property and setback lineso Existing and proposed easementsD Existing and proposed grades o Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indicate the foundation with a dashed line and the roof edge with a solid line.o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades shown underneath all roof lines. This will be used to calculate building height.D Proposed driveways, including percent slope and spot elevations at the property line, garage slab and as necessary along the centerline of the driveway to accurately reflect grade.o A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill direction.o Locations of all utilities including existing sources and proposed service lines from sources to the structures.a Proposed surface drainage on and off-site.D Location of landscaped areas.D Location of limits of disturbance fencingo Location of all required parking spacestr Snow storage areas.o Proposed dumpster location and detail of dumpster enclosure.o Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings are required for walls between 4' and 6'feet in height.u Delineate areas to be phased and appropriate timing, if applicable Landscape Plan:o Scale of 1" = 20' or largero Landscape plan must be drawn at the same scale as the site plan.a Location of existing trees, 4" diameter or larger, Indicate trees to remain, to be relocated (including new location), and to be removed, Large stands of trees may be shown (as bubble) if the strand is not being affected by the proposed improvements and grading.a Indicate all existing ground cover and shrubs.a Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant material including ground cover.o Delineate critical root zones for existing trees in close proximity to site grading and construction.u Indicate the location of all proposed plantings.o The location and type of existing and proposed watering systems to be employed in caring for plant material following its installation. Page 4 of L2|O2/O7lO2 o Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the bottom of wall elevations noted. Lighting Plan:o Indicate type, location and number of fixtures.o Include height above grade, lumens output luminous areaB Attach a cut sheet for each proposed flxture. II. REPAINT PROPOSALS For all proposals to repaint existing buildings, the following supplemental information is required: o Color chip or color sample including the manufacturer name and color number(s)a Architectural elevation drawings which clearly indicate the location of proposed colors (ie. siding, stucco, window trim, doors, fascia, soffits, etc.) The following is an example: Page s of 12102107/02 Buildino Materials Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing \ Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other PROPOSED MATERHIS TVoe of Material Color / 't gt-" Notes: Please specifo the manufacture/s name, the color name and number and attach a color chip. Page 6 of I2lOZlO7l02 PROPOSED IINDSCAPING Botanical Name Ouantity Size PROPOSED TREES AND SHRUBS EXIST]NG TREES TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees - 2" Caliper C-oniferous Trees - 6'in height Shrubs - 5 Gal. TvDe Square Footaoe GROUND COVER soD SEED IRRIGATION TYPE OF EROSION CONTROL Please speciry other landscape features (i.e. retaining walls, fences, swimming pools, etc.) Page 7 of t2lo2l07l02 UTILITY TOCATION VERIFICATION This form is to verify seruice availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. The location and availability of utilities, whether they are main trunk lines or proposed lines, must be approved and verified by the following utilities for the accompanying site plan. Authorized Siqnature Date QWEST 970.384.0238 (tel) 970.384.0257 (fax) Contact: Jason Sharp EXCEL HIGH PRESSURE GAS 970.262.4077 (tel) Contact: Brian Sulzer HOLY CROSS ELECTRIC ASSOC, e70.949,s892 (tel) 970.949.4566 (fax) Contact: Ted Husky EXCEL ENERGY 970.262.4024 (tel) 970.262.4038 (fax) Contact: Kit Bogart EAGLE RIVER WATER & SANITATION DISTRICTX 970.475.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee AT&T BROADBAND 970.949.1224 x 112 (tel) 970.949.9138 (fax) Contact: Floyd Salazar *Please provide a site plan, floor plan, and elevations when obtaining approval from the Eagle River Water & Sanitation District. Fire flow needs must be addressed. NOTES: 1. If the utility verification form has signatures from each of the utility companies, and no comments are made directly on the form, the Town will presume that there are no problems and the development can proceed. 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified oroblems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. UtiliW locations must be obtained before diggino in any public right-of-way or easement within the Town of Vail. A building permit is not a Public Way oermit and must be obtained separatelv. Page B of t2ll2lj7lO2 NOTES TO ALL APPLICANTS Pre-aoplication Meetinq A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application meeting is to identify any critical issues pertaining to the applicanfs proposal and to determine the appropriate development review process for an application. In many cases, the pre-application meeting helps to expedite the development review process as critical issues are identified and dealt with in the preliminary stages. A pre-application meeting may be scheduled by contacting Judy Rodriguez at 97 0.479.2128 or j_radliguez@c!..valLco.-us Time Requirements The Design Review Board meets on the lst and 3rd Wednesdays of each month. A complete application form and all accompanying material must be accepted by the Community Development Department prior to application deadlines. A schedule of DRB meetings and associated application deadlines may be found on the World Wide Web at http://ci.vail.co.us/commdev/planning/drb/meetings/default.htm For a new residential development the application deadline is typically 3.5 weeks prior to a Design Review Board hearing. Review Criteria The proposal will be reviewed for compliance with the Design Guidelines as set forth in Ttle 12, (Zoning Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code. Requirements for propefties located in hazard areas If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rockfall, debris flow, floodplain, wetland, poor soils, etc.), the Community Development Department may require a site-specific geological investigation. If a site-specific aeological investigation determines that the subject property is located in a geologically sensitive area, the property owner(s) must sign an affldavit recognizing the hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult with Community Development staff prior to submitting a DRB application to determine the relationship of the property to all mapped hazards. Reouired Plan Sheet Format For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be shown. 1. Plan sheet size must be 24"x 36". For large projects, larger plan size may be allowed. Z. Scale. The minimum scale is 1"=20'. All plans must be at the same scale. 3. Graphic bar scale. 4. North arrow. 5. Tltle block, project name, project address and legal description. 6. Indication of plan preparer, address and phone number. 7. Dates of original plan preparation and all revision dates. 8. Vicinity map or location map at a scale of 1"=1,000'or larger. 9. Sheet labels and numbers. 10. A border with a minimum left side margin of 1,5". 11. Names of all adjacent roadways. 12. Plan legend. Page 9 of l2ll2ll7l02 Desiqn Review Board Meetino Requirements For new construction and additions, the applicant must stake and tape the project site to indicate property lines, proposed buildings and building corners. All trees to be removed must be taped. The applicant must ensure that staking done during the winter is not buried by snow. All site tapings and staking must be completed prior to the day of the DRB meeting. The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants who fail to appear before the Design Review Board on their scheduled meeting date and who have not asked in advance that discussion on their item be postponed, will have their iGms removed from the DRB agenda until such time as the item has been republished. If the DRB approves the application with conditions or modifications, all conditions of approval must be resolved prior to the issuance of a building permit. Staff Aporoval The Administrator (a member of the planning staff) may review and approve Design Review applications, approve with certain modifications, deny the application, or refer the application to the Design Review Board for a decision. All staff approvals are reviewed by the Design Review Board and any staff decision is subject to final approval by the DRB. Additional Review and Fees If this application requires a separate review by any local, state or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees in excess of 50o/o of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the Community Development Department to have design, land use or other issues, which may have a significant impact on the community, may require review by external consultants in addition to Town staff. Should a determination be made by Town staff that an external consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. The applicant shall pay expenses incurred by the Town in excess of the amount forwarded by the application to the Town within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review completion. Page 10 of I2l02lO7l02 TOI4'NM Suruey/Site Plan Review Checklist Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2L39 fax: 970.479.2452 web; www.ci.vail.co.us *This checktist must be submittd prior to Public Works review of a prcposed developmen| Owners/Project Name: Project Address: Applicant:Phone Number: Submittal 'o Stamped suruey of property o Landscape plan o CiviVSite plans tr Title Report (Section B) Survev Requirements: o Surveyor's wet stamp and signature o Environmental Hazards (ie. rocKall, debristr Date of survey flow, avalanche, wetlands, floodplain, soils)o North arrow o Watercourse setbacks (if applicable) o Proper scale (1"=10'or L"-20') o Trees o Legal description o Labeled easements (i.e. drainage, utility,B Basis of bearings / Benchmark pedestrian, etc...) D Spot Elevations o Topography o Labeled right of way and property lines; o Utility locations including bearings, distances and curye o Adjacent roadways labeled and edge of information. asphalt for both sides of the roadway shown o Lot Size for a minimum of 250'in either direction o Buildable Area (excludes red hazard from property. avalanche, slopes greater than 40olo, and floodplain) Site Plan Reouirements: I. Access (check all)o Driveway type and finished suface are shown on the site plan. o Unheated o Heated (pottion in ROW in a separate zone) a Snow storage areas are shown on the site plan within property boundaries (300/o of driveway area if unheated; 10% ofdrlveway area if heated) o All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development Standards, p. 11. Steepest Section Driveway Grade (not the average grade):- o Parking spaces and turning radii are noted on site plan and conform to Development Standards, pp.12&14 U. Construction Site (check all) o Location of all utilities and meter pits are shown on the site plan. o Limits of disturbance construction fencing is shown on the site plan. o I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of Uniform Traffic Control Devices, will be necessary prior to construction. u I am aware that a Revocable Right of Way Permit will be required prior to construction. Page 11 of L2lA2/07102 m. Drainage (check all that apply)o The required Valley Pan is shown on the site plan as per Development Standards, p. 12.u (Note: Valley pan must not be heated)tr 4 Foot Concrete Pan B I Foot Concrete Pano Positive and adequate drainage is maintained at all times within the proposed site.tr Culverts have been provided and are labeled and dimensioned on the site plan.o A Hydraulic report has been provided. (As requested by Town Engineer) ry. Erosion Control (Check all that apply)D Disturbance area is greater than one half acre.o A separate Erosion Control Plan has been professionally engineered and PE stamped.o Less than one half acre has been disturbed, and proper erosion control devices are shown on the site plan. V. Floodplain (check all that apply)D The project lies within or adjacent to a 100 year Floodplain.o 100 year Floodplain is shown on the site plan.n A Floodplain study has been provided. (Required if floodplain is within construction limits or as requested by Town Engineer)a The project does not lie within or adjacent to a 100 year Floodplain VI. Geological/Environmental Hazards (check all that apply)o The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)s A Hazard Report has been provided o The project does not lie within a Geologic/Environmental Hazard area. VII. Grading (check all that apply)o Existing and proposed grades/contours are provided on the site plan. o All disturbed areas have been returned to a 2:1 grade.n All disturbed areas not returned to 2:1 grade have been Professionally Engineered with slope protection and/or stable soils. PE stamped details are provided within plans.tr Only existing contours are shown on the site plan, there is no proposed grading. VIII. Parking (check all)a All residential and commercial parking spaces conform to the Development Standards, pp. 12&15. IX. Retaining Walls (check all that apply)D All retaining walls conform to the standards in the Development Standards, p. 19.o All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE stamped detail has been provided within the plans. tr All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type of wall construction.tr No retaining walls are required for this project. X. Sight Distance (check all that apply)o Proper sight distance has been attained and shown on site plan as per Development Standards, p.12. tr Proper sight distance has not been attained. Explanation why;_ Additional Comments Please provide any additional comments that pertain to Public Works Review. Page 12 ot Lzl12l07lA2 Applicants Signature -'Vy'7:vz n,vftzl/ 5// /(//a) ?alyc a.)ll .S.):+ Y( c-V-un -... t-/: , i\,<drd.-{.L -2.<\a'tq'u v\, -.-N\T-:fu+ -" --d a .S !) \ ,i NS\ : )q s \ t----:- s/ .<v { E wtt .*ffi$EI w€$-:.- ffi r- k "lq)s ln \ v \J N \ \\ \s \ o .**.,= a o ixl?f=t{d''.Hirtnro Ntt/\or o o ) i: i ).: <) .) (Y J o ,t' -\12f rtj \ -..r- i r \*,) ^t f ---)G- <{ -S--\ r\yQ 3htd -"\L J -5 \ tr\j S. ? a \ ,J i kIl r \.0l) <) /.1 ) = l,' in)\\ .+--/" A< ,ui\\./> L\i 'tv - l \\l a lnvl :tL l. t rt t \J=) Lt? -5 (-: \F' ot tMt lXTlLEADOlv'" TOVAILItLACIr, March I l, 2003 Town of Vail Att: Building Department 75 S. Frontage Road Vail, Colorado 81657 To Whom lt May Concern: Please be advised that the Meador Vail Place Condominium Association has approved Mr. & Mrs. Terry Meek's request to add a raifing to their deck of unit number five. The railing will be on the south wall of their deck overlooking the creek. RespectJulfi, ,ffiru Managing Director 44 West Meadow Drive Vail, Colorado 81657 97O.476-427I Fax 97O .479-9437 at*t**tffartttiltr*ftia**+*ttatffat*lf+ftltil.rrltatltllf*ttttta.a'lailr*tf++*""ttt++fttft'l TOWNOFVAIL, COLORADO StgftMGOt aaft*++faaaaaaaaaafaftlf+f*lalaaat**talttlaaaaata+aaaaalaf,aatl"tttr"'t'**'1""t+t'*"t"' gtatem€nB ltunb€r: RO3OO037O6 InorrDt: S25O.O0 O3lt4/2OO3Ot[:36 Plti Payrent tleElrod: check rnits: {IAR , Notacloa: 22623 Rusgy Splke Bnt Pennit No r DRB03OO58 Tltr)e: DRB-lilinor Alt', Conn'/rfirltl' Parc€I No: 210107116005 Slte Addregs: 4{ W MBArx}r DR varr. LocatLon: 44 r eadow Drlve *5 Total Fee6! $250'00 ThlE PalmenE: $250.00 Total ArJJ Pmts: S250'00 Balancc: $0. oo tftf+aaaaaa*aaaffa*af*.latala+a+++aaaaa*a*+++la*aa*al*l+aaaaaaa"'t'ft"ttt"f'l"tlt"lt++l ACCOI.JNTITEM LIST: Account Code Descrjption Current Pmts DR OO1OOOO31122(){) OESIGN REVIE}I FEES 250 .00 o(t coP TO.WN OFVAIL Depailment of Community Development 75 South Frontage Road l/ail, Colorado 81657 970-479-2138 FAX 970-479-2452 www,ci.vail.co.us May 30,2001 Meadow Vail Place 44 W. Meadow Dr. Vail, CO 81657 RE: Exlsting garden on Town of Vail property located at Meadow Vail Place To whom it may concern: The Town of Vail has become aware that an occupant at Meadow Vail Place is using a portion of Town of Vail property to maintain a private garden. Adjacent property owners have complained about the garden, specifically regarding composting piles and the fence. Generally, Town approval is required for any improvements located on Town property. However, in this case, I will allow the garden to continue for the remainder of the 2001 season, subject to the following conditions: 1. That Meadow Vail Place sign a revocable right-of-way permit, recognizing that the property is owned by the Town, and as such, we have the right to revoke the private use of the property. That Meadow Vail Place remove the fencing around the garden. That Meadow Vail Place maintain the garden to a suitable standard, including removing all composting, eliminating any material storage on the site, etc. That Meadow Vail Place will locate any future garden on private property and receive all proper approvals prior to doing so. That Meadow Vail Place will agree to revegetate the site Spring of 2002. Should you have any questions, please do not hesitate to contact me at 970-479-2369. 2. 3. 4. 5. Sincerelv. , il{lhaL Allison Ochs Planner ll Town of Vail {p*t"ntto'^'o I ' -' u<,t U* r.-L o t-L ,^" 7 f rrf trf rt I Project Application I Proiect Proiect Contact Name:Q-r t' Description: Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description:Lot Comments: Block Filing Zone - /ooo -/,!-LL4 Design Review Board - '1 /,, /E,loate ,/ / "/ / Motion by: Seconded by: APPROVAL DISAPPROVAL lil.rlltlII]][Ilt.flr I ihrTIt l F'\ r Summary: Staff Approval ,*i aJ '}-$u. o-i .. ,- \) ,r,{i n o^" 7 /rtf trto Proiect Name: Proiect Description: Project Appllcation /n.r / Contact Person and Phone t J 4t uc't', Owner, Address and Phone: Architect. Address and Phone: Legal Description: Lot Comments: Block Filing Zone - /r"n Design Review Board \ '1 /,, /r, JDate -r: / ''r' ' DISAPPROVAL Summary: /;t Staff Approval /'/(t (c 1.- Town Planner PIELIC NOTICE NOTICE IS EEREBY GIVEN that the Deslgn Review Board of the Town of Vail 1111 holil a publlc hearlng oo July 11, 1990 at 3:00 p.n. Ln the Town of Vall !tual.clpal Bulldlng. Conslderatloo of: 1. A request for an additlonal 24 square feet of Grose Resldeotlal Floor area ln the lnterior of Uolt #1, lleador Vail Place, 44 West Dteadow Drlve. Applicant: llr. & llrs. Saul Steloberg/Boyner Conatructlon The applLcatLone ard lnfometion about the proposals are avallable Ln the zonlng adnl.ulstrator I s offlce durlag regular offlce hours for publlc loepectioa. TOI{N OF VAIL COUMT'NITY DEVELOPUENT DEPARTUEI{T PubHshed ln the Vall Trall on Juae 22, L99O. o l,,-rrorroN FoR ADDrrroro' n*ro O FOR PROPERTIES IN EXCESS OF ALLOI,IABLE GRFA Date of Application-1|''[!0 Date of DRB Meeting 1- ttr.70 PRE.APPL ICATION CONFERENCE A pre-application conference with a member of the planning staff is strongly encouraged to discuss the provisions under which additional GRFA can be add-edt0 a site. It should be understood that this ordinance does not assure each property an^additional 25O-square feet of GRFA. Rather, the ordinance allows for gp tb 250 square feet if certain conditions are met. Applicat_ions for additions under this section will not be accepted unless theyare complete. This includes all information required on this form as well as- Design Rev'iew Board submittal requjrements. A. PROJECT DESCRIPTIOI,I: B. LOCATION OF PROPOSAL: Address - Legal Description: Zon€ District C. NAME OF APPLICANT: Bl ock FilingLot Address y2? lr?ot ulA D. NME OF APPLICANT'S REPRESENTATIVE: Yz4(loot i'Wt,--,to phon%,:-bKl Address Y-.4 taol u,4ku,-- , 6-r' phon4&-&?* NME 0F owNER(s), VW^ , { MTS. --V,tXt <re-wV'?eG Si gnature (s ) Address hone F. Fi I ing Fee of $100.00 is required at time of submjttal p ,l t oo, -' submittal requirements, shall beThe following information, in addition to DRB required with this submittal: l. Verification that the unit has received Assessor's office. 3. Condominium association approval (if appl icable). r1!r/ Existing floor plan of structure. G.Your proposal wil'l be rev'iewed for compliance with Vail's Comprehensive Plan. E. 'l** I Names and mailing addresses of adjacent units on the same lot. This information a fjna'l certificate of occupancy. property owners and of owners ofis available from the Eagle County ,,1,,.ca J a "ry*'t' o' r^o/^ ARCHTTEgT PHONE ZONE DISTRIET PROPOSED USE IOT SIZE t( ty' ?':1 Height Total GRFA Prinary GRFA Secondary GRFA Setbacks: Front Sides Rear Ylater Course Site Coverage Landscaping Fencer/Retaining 3, -v -' LYe Y: Avalanche Wa11 Ileights Parking Credits:Garage Mechanical Airlock Stosage Drive: Slope Pernltted Environmental/Itazards ! 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EeIg.<'E Etq:x ;d;'.;ii. ts xr =dFi' E', lo','nEE.B g€s 5rO\ ^.;b 55{ Bg s.'o,(| lo tvK- IF'i L- ?1 L-*eb6 FIRTRES Design Review Action Form TOWNOFVAIL Project Narrc: Spreddle Creek Properties Project Descripion: 250 addition to Meadow Vail Place Penthouse Owner, Address, and Phone: Spraddle Creek Properties C/o Helmsing, Sims, end Leach 150 Governemnt Street Mobile, Alabama (334x32-ss2l) Architect/Contact, Address, and Phone: James Holley 895 Red Sandstone Circle Vait, CO 81652 479-7373 Project Street Address: 44 W. Meadow Drive Legal Description: Lot I, Vail Village 2od ParcelNumber: 210107116009 Building Name: Meadow Vail Place Commeuts: PRJ99-0112 Uses all of 250 addition Motion by: Seconded by: Vote: Na Conditions:AII exterior materienls must match existing Condo association epproval must be submitted Town Planner: Allison Ochs Date: 514199 DRB Fee Paid: $50.00 Project Name: Spreddle Creek Properties VAILDATA\EVERYONE\DRBWPROVALS\I DRBAPPR\SPRADDLE Board/Staff Action Na Action: Na Staffapproved su.st,on,e!,,*lfl 11,; ? lK,, r', u - -,', APPLICATION FOR DESIGN REVIEW APPROVAL CENERAL INFORMATION This application is for any projcct rcquiring Design Rcviov approval. Any project rcquiring dcsigr rwiew must rcccivc Design Rwiew approval prior to zubmitting for a building pcrnit. For specific information, see the subnfttal rcquircnrcnts for thc particular approval that is requcsted. Thc application carurot be acceptcd until all the requircd information is submittcd. Thc projcct may also nccd to bc rcvicwcd by thc Town Council and/or thc Planning and Envirounrental Conrmission. Design Rcview Board approval cxpires oneycar after final approval unlcss a building permit is issued and construction is startcd. A. DESCRIPTION OF THE REQUEST: TOWNOFVNL -8. -c. D. E. -F. -G. LOCATION OF PROPOSAL:LOT: C I BLOCK: TVT'TT FILING: PIIYSICAL ADDRESS: 4 f(rr' PARCEL#: ZONING:esl NAME OF OWNER(S): MAILING ADDRESS: (Contact Eagle Co. Asscssors Office at 970-32E-8640 for parcel #) H. VNoBILE Ar-ABA/V)A PHoNE@ OWNER(S) STGNATURE(S) : NAMEOFappllg4lm, SArn(S {-{.rri:1 (o.,J^e-s a.p.ts""''14tfe MAILINCappps55. 6:S r?.en SArVO,SriarV( traz-u6 Vl t t- . -t-) *lA6-1 C onstruction ofa new building. Includcs any addition whcre square footagc is added to any rcsidential or comrncrcial building. Includes minor changes to buildings and site improvements. such as, rcroofing, painting window additions, landscaping. fences and retaining walls, etc. DRB fees die to be paid at the time of zubmittal. Latcr. whsn applying for a building permit. pleasc identiff thc accuratc valuation of the project. The Town ofVail will adjust the fce according to thc projcct valuation. PLEASE SUBMTT THIS APPLICATION, ALL SUBMITTA.L REQUIRSMENTS AND THE FEE TO THE DEPARTMENT OF' COIVIMUNITY DEVELOPMENT. 75 SOUTH FRONTAGE ROAD. VATL, COLORADO tT657. PHoNE: +11 131a TYPE OF REVIEW AND FEE: tr Ncw Construction - $200 El Addition - $50 E Minor Alteration - $20 o LIST OF PROPOSED IIIATERTALS TYPE OF MATERIAL:BUILDING MATERIALS: Roof Siding Other Wall Materials Fascia Soffits Windorvs Windorv Trinr Do ors Door Trirn Hand'or Deck Rails COLOR:* n^EfcA e. <1i..5 Reu"rr.> 116, 6avclo Wooo li CtAss [r.]c oD Flues Flashings Chinurrys Trash Enclosurcs Grccnhouscs Rctaining Walls Exterior Lighting** Other * Plcasc specify the manufachrrer's color. number and attach a small color chip **AllcxteriorlightingmustrncettheTorvn'sLightingOrdinancel8.54.050(J), Ifcxteriorlightingisproposed, plcasc indicate the nurnber of fixtures and locations on a separate lighting plan. ldentify each fixture type and provide the height above grade. hrmens output. lunrinous arca, and attach a cut shcet ofthe lighting lixhues.. Updatcd 6/97 t, t, ,t tl tl PROPOSED LANDSCAPING Botanical Nanrc Corrrnron Nanrc QrantitY Sizc* PROPOSED TREES AND SHRUBS: EXISTINC TREES TO BE REMOVED: *Mininrum rcquircnrcnts for landscaping: dcciduous trccs - 2 inch calipcr conifcrous trccs - 6 fcct in hcight shrubs - 5 gallons Typc SquarcFootagc CROUND COVER SOD SEED IRRIGATION TYPE OR METHOD OF EROSION CONTROL OTHER LANDSCAPE FEATUR-ES (retaining walls, fenccs. swimming pools, etc.) Please specifo. Indlcate top and bottom elevations of rctaining walls. Maximum height of walls within the frontsetback is 3 feet. Maximum height of rvalls elsewhere on thc property is 6 feet. UTILITY LOCATION VERIFICATION This fonn is to vcrify scwicc availability and location for nerv construction and shoukl bc uscd in conjunction with preparing your utility plan and schcduling installations. The location and availability ofutilitics. rvhcthcr thcy be main tnrnk lir:cs or proposcd lincs. rnust bc approvcd and verified by the follorving utilities for thc acconrpanying sitc pl:rn. Authorizcd Siqrrafurc Date U.,S, West C-'ouununications t-800-922- 1987 4(r8-6860 or 949-4530 Public Servicc Conrparry 9.19-5781 Gary Hall Holy Cross Electric Assoc. 949-5892 Tcd Husky/John Boyd T.C.r. 949-5510 Floyd Salazar Eaglc River Watcr & Sanitation District * 476-7480 Frcd Haslcc + Pleasc bring a site plan, floor plan, aud elevations rvhen obtaining Upper Eagle Vallcy Warcr & Sanitatiol signatures. Fire florv necds nrust be addresscd. NOTES: I.Ifthe utility vcrification fbnn has signatures fronr cach of thc utility courpanies. and 1o cotrlnlents are ntade directly bn the lbnrr, thc Torvn rvill presume that thcre are no problelns and thc dcvelopmcnt can procccd. If a utility comPany has concems rvith the proposcd construction, the utility representative shall note directly on the utility verification tbnn that there is a problem rvhich needs to be resolvcd. Thc issuc shotrld thcn be dctailcd in an attached lcttcr to thc Torvn of Vail. Horvcver, please kecp in nrind that it is the responsibiliry ofthc utitity cornpany and the applicant to resolve identified problems. These verifications do not relieve thc contractor ofthe responsibility to obtain a Public Way Pcnnit fronr the Department of Prrblic Works at the Town'of Vail. Utility locations nrust be obtained before dieqine in any public right-of-rvay or eascntcnt rvithin thc Torvn of Vail. A -'). 2. Updated (r/97 I. PRE.APPLICATION CONFERENCE A pre-application confercncc rvith Torur of Vail .stallis rcquircd. No application can be acccpted urlc.ss thc ntandatory pre-application Inceting has bccn conrpleted. It is the applicant's responsibiliry to schcdule this nrceting by calling 970-479-2128. II. TIME REOUIREMENTS The Design Revietv Board nreets on thc lst and 3rd Wednesdays ofcach nronth. A complete application form and all accornpanyillg nlatcrial must bc acccpted by thc Corrulunity Development Departrncnt a Irritritnutrr of thrce and a half (3 l/2) rvceks prior to the datc olthe DRB public hearing. III. REVIEW CRITERIA Your proposal rvill be rcvicrvcd tbr corrpliancc rvith thc Design Guidclines as set forth in Section 18.54 of the Municipal Code, ry. NOTE TO ALL APPLICANTS: A. lfa properfy is located in a rnapped hazard arca (i.c. snotv avalanche, rocklhll, floodplain. dcbris florv, rvctland. ctc). a haz-ard study nrust bc submittcd and the orvncr nrust sign an aftldavit rccognizing thc hazird report prior to thc issuance ofa building permit, Applicants are encouraged to chcck rvith thc planning staff prior to subnrittal of a DRB appiication to detcrmine the relationship ofthc property to all nrapped hazards. B. Basic Plan Sheet Forrnat. For all stuvcys. sitc plans, landscape plans and other site improvements plans. all ofthc follorving ntrst be shorvn. I . Plan sh oet sizc tnust be 24"x 3(>" . For largc projccts, larger plan size may be allowed.2. Scale. The rninirnunr scale is 1,,=20,, All rrtans rnust be at thc sanre scalc.3. Craphic bar scalc. 4. North arrorv. 5. Title block, projcct nanrc. pro.jcct addrcss and legal description.6. Indication of plan preparcr. addrcss and phone nuutber. 7 . Dates of original plan preparation and all revision dates.8. Vicinity map or location ulap at a scalc of l',=l,000, or largcr.9. Shcet labcls and numbcrs. l0 . A border rvith a nrininrurn left side nrargin of 1.5,'. I l Nanrcs ofall adjaccnt roadlvay.s. 12. Plan lcgcnd. C. For ncrv constnrction and additions, the applicant must stake and tape the project site to indicate property littes, proposed buildings and building comers. All trees to be removed rmrst be taped. The applicant urust cnsltre that staking done during the rvintcr is not buricd by snorv. All sitc tapings and staking must be completed prior to the day of the DRB mecting. D. Applicants rvho f'ail to appcar belbre the Design Revierv Board on thcir scheduled rnecting date and u'ho hlve llot askcd in advzutic that discussion on thcir iterl bc postponed. rvill have their items rctnoved fionr the DRB agcnda rurtil such time as tlrc iteiu ha.s becn rcpublished. E. lf the DRB approvcs the application rvith conditions or rnodifications, all conditions ofapproval tnust be resolved p[al to the issuaucc of a building pentrit. 5 Updated 5/97 STAFF APPROVAL Thc Adrninistrator nlay rcvierv and approve Dcsign Rcvicrv applications. approve rvith ccrtain moditications' deny thc application. or nray rcfcr the application to thc Dcsign Revicrv Board for dccision. All staff approvals arc slbjcct to final approval by thc DRB. The tbllorving types of Desigrr Revierv applications nray bc stnfl'npprovcd: y' A. Any application ibr an addition to an cxisting building that is cortsistcnt rvith the architcctr-rral desigr. nraterials and colors ofthc building, and approval has becn rcccived by an authorized rrrcnrber ofa condonrinium association. if applicable: B. Any application to modify an existing building that does not si-cnificantly change the existing plancs of thc building and is generatly consistent rvith thc architectural dcsign. materials and colors ofthe building. including. but not linitcd to cxtcrior building finish matcrials (e.g. stonervork, siding. roof lratcrials. paint or stain,). cxtcrior lighting, canopics or arvnings. fences, antennas, satcllite dishes. rvinclorvs, it ytigt tr. siding. minol conrnrcrcial l'acadc inrprovcutcnts, and other similar moilifications: C. Any application for sitc improvenrents or modificatiorrs including. but not limitcd to, drivcway ntodificiitions. site grading. site rvalls. renroval or mod.iflcations to cxisting landscaping' installation of acccssory stmcturcs or rccrcational facilitics. ADDITIONAL REVIEW AND FEES A. If this application rcquires a separatc revicrv by any local. state or Fedcral agcncy other than the Torvn of Vail, thc application fec shall be incrsascd by 5200.00. Exanlplcs ofsuch rcvierv, may include, but are not lirnitcd to: Colorado Depaftrnent of Highrvay Acccss Pcrtlrits, Artny Corps of Eng'inecrs 404. ctc. B. 'the appliczurt shall be rcsponsible for paying arry publishing tbes rvhich are in exccss of 50% ofthc applic.ation fbc. lf, at thc applicarrt's request. any matter is postponed for hearing. causing the matter to bc rclrlblishcd. thcn thc entirc tbe for such rc-publicalion shall be paid by the applicant. C. Applications dcerncd by thc Comnrunity Devclopmcnt Dcparttllent to havc design, land use or othcr issucs rvhich nray hayc a signilicart inrpact on thc comrtrunity may rcquire rcvicrv by cotlsultants in additio6 to Torvrr stafl. Should a deteruiination be nradc bytheTo*n staff thatan or.rtsidc consultant is necdcd. thc Conurunity Devclopnrcnt Dcpartmcnt rnay hire the consultant. Thc Departrnent shall estimato the arnount of moncy nccossary to pay thc consultant and this atnount shall bc ibnvarded to the Torvn by the applicant at the time of tiling an application. Expenses incuned by thc Town in cxcess ofthe aurount tbnvardcd by the applicatiorr shall be paid to thc Torvn by the applicant lvithin 30 days oflotification by the Totvn. Any cxccss funds rvill be rehrrned to thc applicant upon rcvierv cornoletion. VI. Updatcd 6/97 ac,t'l$J.. _ 3.c -1e9fr : -p : z3clar 692 HF!trIUG s I t4s LEHCH JklB BRJcI{.lAhll.{wtusltsgg t7.t2 :t7at7llgru .rAlcs rg.|-€Y I0.| N0.76s P,e/? FAqE P€ 82 AL1,,,,., i '\lin,o|crdgfi i iqtt,ireftr,rinlagsnT*.J :r,: t iS. r0]ilw rppuairlbil FoR Ddstcry nrvDw Aplnovii @I ru qnrc|Icr lt for lly rEjoB rcqutdtg IH31 l.t||e .|ilt!r.l. Arr nirr nr; ;S-"leifi ;-iifr ..nioronft onf; i*'.u,ffi ;f Jffi #ffi-eE;ffi -nffi{dtriddil;;r'*il'ffimt crnr'i inc vcrtffiiro ql,or{ ur&; A, -8, :EscRFnoNoFnE R!AUHn. LOCAflON o! FROIS+IL: LCI: '}IY TCA|, ADDIG9S: -c.. !^tcEL* D. ZONOte E. ' .N4MEEOWTGR{B):+ i{AtlJt{tCADb 6 -o, H. orrH8l6) rrowAtuit(Dr ll ll'EOF MAIIJTiIO nmNe*fl,?J??r r. .!rr r,o[fE|!||cr-EDo cmrmo.dotq(ra*hildirjI Aailfior. lg0 t*l"cr"il'iiri- q|rqcrquseftc& irrilt rl E uy rddadd oroilhaArrrnrr$. rr0 ffi*r*".;ir,,povroo,r."rl.lffi. ornrn ;aow lorL*,-i-,i;b. dJa-iErl; Ptr !f -* f to ptC ctr rtnc ofd,rnirC. terhc .'cu& tnr.rf, orn erris. r,,, iil..iifri sf:trsTglHffJtrt$#sHH DU^SEIUETITTHE Ap'^diffidlb#8fr il,1j;mt#.mlx"g"HrrorilE tgam lqlc ce. Arf{eil o6se s gtusz&E6.lo &ip.l!d o Project Application Project Name: Proiect Description: Contact Person and Phone Owner. Address and Phone: Architect, Address and Phone: Legal Description: Lot Elock Filing ,."" *DM F Com ments: Design Review Board Date Motion by: Seconded by: APPROVAL D ISAPPROVAL Summary: E Statt Approval ?A, h b<r, PO3 IHE-EARPEN CENTER OF EAGLE-VA|I Motthews & Assoctotes londxoptng, lni. Londscope Architecture ond ConstructionBq 3567 .Yctl. Cotomdo g16g6 U,iA, r (C0O) 949JQ77 r A'5A fr frI.T,/l.r'r;I@ ZER /rrv6\r-{ "3*1 Yavflict VID Qoru -ou[rP (wffieJ Faa l/re) -vnbgxHlg', Lles EP ( 1dru4 Iffid" {/ns,* ore aPPLICSTION - TOWN OF \rAIL, COIORjADO DATE APPLICATION RECEIVED : DATE OF DRB MEETING: ********** IEIS EPPIJICAIION !{ILL NO'I BE ACCEPTEDONIIL AII. REQUIRED INI'ORIIArION IS SUBMITTED********t* o vised 9/4/gt I. PROJECT TNFORMATTON: a,A. DESCRrprroN: Aoo 3 ggucc tXA + I rceru FlRE Tor et 70 €A//IA,W€ B.TYPE OF REVIEW: New Construction Addition ($50.00) ADDRESS:c. D. (9200.00)Minor Alteration ($20.00) Conceptual Review ($0) Lot BIock a meets and bounds legal on a separate sheet and LEGAI DESCRIPTION: Subdivision If property is described bydescription, please provide attach to this application. ZONING:Er F. G. LOT AREA: If required, stanped survey showing applicant must, provide a currentlot area. NAI,IE OF APPLICAI.IT:Mailing Address: H.NAME OF APPLICANT' S REP , Krt (nnar,t Mailinq -Address:Vnrt -6 *tcs4 I . NAME OF OSINERS://*.8,. dr-rtrrr^ *SIGNATURE(S):t -ra,Mailing AddrA(rozss: I Condominlum Approval if apiplicable. DRB FEE: DRB fees, as shown above, are t,o be paid atthe time of submittat of DRB application. Later, whenapplying for a building permit, please identify theaccurate valuation of the proposal . The Town of Vailwill adJusL the fee according to the table below, toensure'ihe coriect fee is paid. __ !___ - -)..\& t( ZTZ| FEE SCHEDULE: VALUATION$ o-$ 1o,oo0$ 10,001 - $ 50,000 . $ 50,001 - $ 150,000 $150,001 - $ 500,000 $500r 001 - $1,000,000$ . Over $1r 0001 000 * DESIGN REVTEN BOARD AFPRO\NII, EXPIRES ONE YE.AR AX'IER TXNAL APPROVAI. T'NI.ESS A .BUII.DING PERMIT IS TSSUED AND .CONSTRUCTION TS STARTED. **NO APPI..ICAIION WII.L BE PROCESSED WITHOUT OWNER' S SIGT.IATURE 1 .I. K. FEE $ 20.00 $ s0.00 $100.00 s200.00 $400.00 9s00 .00 LIST OF MATERIALS NAI{E OF PROJECT, WTNOOW VAIU LEGAL DESCRIPTION: IOT- BLocK..rarrv\,rl _ srREEr ADDREsst 'f{ (,0-ilenaorp Df< SUBDIVISION DESCRIPTION OF PROJECT: HD The following infornatlon is Review Board before a.final requlred for subnittalapproval can be gJ.ven: TYPE OF I,TATERIAIA. to the Design COLOR B. BUILDING MATERIAI,S: Roof Siding Other l{aII MateriaLs Fascia Sof.fit,s tfindows llindow Trlm Doors Door TrLm Hand or Deck Rails Flues Flashings Chimneys Trash Encl.osures Greenhouses Other LANDSCAPING:Name of Designer: Phone: PLAIIT I'4ATERIAIS: Botanical Name PROPOSED TREES Ouantit.v J Size* /3/ /o/ EXISTING TREES TO BE REMOVED *Indicate caliper for deciduous trees. Mininun caliper fordeciduous trees is 2 inches. Indicate heiglrt for coniferoustrees. Minimun heiqht for coniferous trees is 5 feet. Common Name PROPOSED SHRU .! t'1\+ EXISTING SHRUBS TO BE REMOVED *Indicate size of proposed shrubs. Mininuni size of shrubs is5 qallon. Tvpe Square Footaqe GROUND COVERS soD SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. LAIIDSCAPE LIGHTING: If exterior lighting is proposed, please show the number of fixtures and locations on a separat,etighting p1an. Identify each fixture from the lighting plan on the list below and provJ.de the yrattage, height above grade and type of light proposed. D. OTHER LANDSCAPE FEATURES (retainlng wallsl fences, swimmingpools, etc.) Please specify. Indicate heights of retainingwalJ.s. Maximum height of walls within the front setback is3 feet. Maximum height of walls elsewhere on the propertyis 6 feet. o mil AUO 2 81991 MT VtrlEADOlv- " pyVnn- l[-ACEAugust 26, l99I I Townorvair tW''#-L%ti;ry;l:i.l:;:'f;BT:" Kt*,e#,'t+H vai'|, Coloraio 81657 d^ff fh[-{n$'*' ly.''il'rttt.,'-lr(To lthom rt May concern: frA\ t^rg0n behalf of some of the owners at itleadow Vail Place, I would like to '.,. ^i!{t, ^,know how to go about hav'ing a few large fir trees placed across the 4ryJ {creek from our building on what I believe to be Town property. Wr ' , L Enclosed please find photographs 'indicating the tocation of the proposed ?# -t tree placement. )tf Thank you in advance for your direction and anticipated timely response. &t*X sinoerely,., . ,/ .. '[lf*lP"fi'rufu.-) qq-', Kris Acklam-Krohn lU T:1""'Director sf rrlll A I)ivision ()l 'l'ltt' \?lil .,1,1 ('ont0ritti<trt 44 \\est Mear(l()\\, t)ri\'(' \iril. t.()lorittlti 8l(;5)7 .l().J..17(i.1.17 I o kagsf Ll-f"n-fi fuuur,T a'FotQ,tu 's7 t Gu> tTJa-tbtrrvr Twfu-W (T h7 c/9Jt7 d"JJ q/'rcs52 6 ,*zatf av- A*n,etry-t2 p@o -To g & €tJtstr-@S Proiect Application Proiect Name: Proiecl Description: Contact Person and Phone Owner. Address and Phone: Architect, Address and Phone: { ,/ LLrn_:, flea/l, c,., 0? Legal Description: Lot Commenls: Block Filing 'rn /,k /ar Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAT Summary: ,2 / f/5 ,/o'l t'r & '-'11- Towlplannerr/'-/q,/ oate: b//t,/ ,X rr^uApproval .t f1 '.'"t I .F.'...Projecl Application P(o o ;^," a/tt/T Project Name: Project Description: Contact Person and Owner, AddressJhd Phone: ^f' Architecl. Address and Phone: Filing /a,t- Design Review Board Date Molion by: Seconded by: APPROVAL DISAPPROVAL Summary: TownrPlanner 6 /t't/'?t Stafl Approval I. ****a****t TIIS IPPLICATION f,IIJIJ NO! BE ACCEPTED IINIIL ALL REQUIRED INFORIIATION IS SIIBI'IITTEDtt*tttt*tt PROJECT INFORIIATION: A. TYPE OF REVTEW: New Construction DRB APPLICATTON - TOWN OF VAII,, uAlr. AyrurCATION RECEMD: DATE OF DRB MEETING: Addition ADDRESS: LOt B. c. D.LEGAL DESCRIPTION: subdivision If property is described by description, please provide attach to this application. a rneets and bounds legal on a sleparate sheet and E. F. ZONING: LoT AREA: If required, stamped survey showing nust provide a currentapplicantlot area. G. NA}IE OF APPLICANT: Mail Phone H. l/t i $ 150,000 $ 500,000 $1, 0oo, oo0 s1, 000, 000 FEE $ 10. 00 $ 25.00 $ 50.00 $r.00. 00 $200. 00 s300. o0 E|Mey es*gt COINRADO Dtinor Alteration cgnceptual ReviewVp, Block NAI.IE OF APPLICANT'S REPRESENTATIVE; WMailing Address: Phone I.NAIIIE OF OWNERS: .SIGNATURE (8) S !{ailing Addre6: Phone J. Condorninium Approval lf applicable. K.DRB FEE: DRB fees are paid at the tine of issuance of a buildina oertnit. FEE SCHEDUI.,E: $ 10,001 -I 50,001 - $150,001 - $500,001 -$ over VALUATTON *NO APPIJTCAEIOTI TTLIJ BE PNOCEESED TITHOUT OMIERIg SIoNAII'NE fI. PRE.APPLICATION MEETINGs A pre-applicatlon rneetlng with a nenber of the plannlng staff i- strongly encouraged to deter:nlne lf any additlonal application Lnfomatlon rs needed. It is the applicantrs responsibility to nake an appolntment with the Etaff to deternine if there are addltionaL subnittal requirements. Please note that a COI,IPLETE appllcation will streanll.ne the approval process for your project. III. IMPORTANT NOTICE REGARDING ALL SUBMISSTONS TO THE DRB: A. fn addition to meeting subrolttal requirements, the applicant must stake and tape the project site to indicate property ll-nes, buildlng lineE and buildingcorners. AII trees to be removed must be taped. Allsite tapings and staking must be completed prlor to the DRB slte vl-sit. The applicant must ensure that staking done during the winter is not buried by snow. B. The revLew process for NEW BUILDINGS norrnally requires two separate neetings of the Design Review Board: a conceptual approval and a final approval . Applicants should plan on presenting their development proposal at a mininum of two meetings before obtalnlng final approval . c. Applicants who fail to appear before the Design Review Board on their scheduled neeting date and who have not asked in advance that discussion on their iten be postponed, will have their itens removed fron the DRB docket until such time as the itern has been republished. D. The following itens may, at the discretion of the zoning adninistrator, be approved by the Conrnunity Developnent Departnent staff (i.e. a formal hearing before the DRB may not be reguired): a. windows, slqrlights and sinilar exterior changes which do not alter the existing plane of thebuilding; and b. Building addition proposals not visible from anyother lot or public space. At the time such a proposal is submitted, applicants nust includeIetters fron adjacent property owners and/or from the agent for or manager of any adjacent condominiun association statlng the associatlon approves of the addition. E. If a property is located in a napped hazard area (i.e. snow avalanche, rockfall, flood plain, debris flow, wetland, etc), a hazard study must be subrnitted and the owner must sign an affidavit recognizing the hazard report prior to the issuance of a building pemit. Applicants are encouraged to check with a Town Plannerprior to DRB application to deternine the relationshipof the property to all napped hazards. F. For all residential construction: a. Clearly lndicate on the floor plans the inslde face of the exterior structural walls of thebuildingi andb. Indicate with a dashed line on the site plan afcur foot distance fron the exterior face of the buiLding walls or supporting colunns. NAI,TE OF PROJECT: LEGAL DESCRIPTION: I,OT STREET ADDRESS: DESCRI ON OF PRO'ECT: The fol infornation Review Board before a final SUBDIVISION F\^-k for subrnlttal can be given:reguired approval to the Design A.BUILDING IIIATERIAI,S : Roof Siding Other I{alI Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashings Chinneys Trash Enclosures Greenhouses other B.I,ANDSCAPING:Name of Designer: Phone: PI,ANT IIATERIAI,S: PROPOSED IREES Botanical Narne connon Name ouantitv slze* EXISTING TREES TO BE REI.{OVED *Indicate caliper for deciduous trees. Minirnurn calipqf for deciduous tree! Ls 2 inches. Indicate hej.ght for coniferous TYPE OF tree-. llininum heiqht for coniferous trees is 5 feet. PI,ANT UATERIAI,S3 PROPOSED SHRUBS Botanl.cal Name Common Name ouantLtv Size* EXISTING SHRUBS TO BE REMOVED *Indi-cate slze 5 qallon.of proposed shrubs.Minirnum sLze of Ehrubs Ls Type scruare Footaqe GROUND COVERS soD SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL c. OTHER LANDSCAPE FEATITRES (retaining walls, fences' swinnLng pools, etc.) Please specify. Indicate heights of retaining iralls. Maxirnum height of wa1ls within the front setback is 3 feet. Maxinun height of walls elsewhere on the property i.s 5 feet. 8 tMf 1I7[EADOYV'" TOVAILITIACE l4ay 20, 1991 Town of Vail Building Department 75 S. Frontage Road Vail, Colorado 81657 Gentlemen: Please be advised that Meadow Vai'l P'lace Condominium Association retained Rusty Spike Enterprises to replace al'l of the sky'lights roof over the penthouse due to severe crackinq which has caused damage in the unit. Managi ng Ackl am Di rector : kak A Division of The YL\il 44 CorDoration 44 !\,est Meadow Drive Vail, Colorado a1657 3O3.476-4271 %"u '*g has on the leaks and Si ncerel y, May 23, 1991 Town of Vai I Building Dept. 75 S. Frontage Road Vail, Colorado 81657 To Whom It tllay Concern: Regarding the replacement of the skylights at the penthouse of Meadow Vajl Place, the owner has requested that the work be completed before hls return the end of June. P'lease advise as soon as poss'ible whether this project has been approved so that we can proceed with ordering materia'l s and begin the constructi on. Thank you in advance for your cooperation. Krisanne Acklann Managing Director : kak A Division of The vai|44 CorDoration 44 West Meadow Drive Vail, Colorado a1657 3O3.476-4271 frn?-.' /4r/ .72.t) 4'il, /4,/ f,roe R"/ l:30 pm 3:00 pm l. 2. January 13, 1986 Site Visits Public Hearing Approval of minutes of meeting of December 9' 1985. Request for a conditional use permit and for a condominium conversion permit in order to convert the Fal'l Line apartments into time share condominiums. Applicant: Kaiser E. Morcus Request for an exterior alteration in order to add 180 square feet to the Treetops Plaza building. Applicant: Pierre Lakes, Ltd. Request for an exterior alteration in CCI in order to enclose a deck and add a third f'loor at the Hill Bui'lding,3'11 Bridge Street, Vai'l Village. Applicant: Blanche C. Hil'l Request for a conditiona'l use permit to expand the Potato Patch Restaurant by including condominium unit #44. Applicant: Campbel'l/Heilman, a genera'l partnership a density variance in ord-e tora into an ,'o ?unninn and Environmental co*irtn f P'huta^". A request to amend the development plan of Crossroads and for setback variances in order to enclose an exist'ing deck area and to add other outdoor dining at Burger King. App'licant: Snowquest Request for a conditional use permit in order to perm,it temporary public parking using a protective matting on an area 200' x 50' on the upper bench of Ford Park. Applicant: Town of Vail To Be Tabl ed 3. 4. 5. 6. 7. 8. T0: Planning and Envircnmental Commissjon FR0M: Community Development Department DATE: January 13, 1986 SUBJECT: A request for a density control variance in order existing storage area to an empioyee housing un'i t square feet at the Meadow Vajl Place condominjums Ipanema condominiums). Appl icant: Poi ly Blanton to convert an consisting of 900 (formerly the Brooks I.DESCRIPTION OF VARIANCE REQUISTED The applicant has proposed converting space that was previously approved as storage to an employee housing unit. As demonstrated in the table below, a GRFA variance is needed to allow for this conversion: Sjte Area 26,002 sq ft or .59 acres Allowable GRFA: 15,601 sq ft Existing GRFA: 16,441 sq ft GRFA with this proposal: 17,041 sq ft Al l owabl e un its 15 Existing units 9 Un i ts w,/proposal L0 It should be noted that thi s project has allowable units remaining on itssite, and the variance request is only for the GRFA. It is also important to consider that the additiona'l GRFA is done through a conversion of existing space and will require no addjtional construction on the property. The applicant has agreed to restrict this unit to employee housing only, jf jt js approved. II. CRITERIA AND FINDINGS Upon review of Criterja and Fjndings. Section 18.62.060 of the Municipal Code. the Oepartment of Community Development recommends approval of the requested variance based upon the following factors: Consideration of Factors: The relationship of the requested variance to other existing or potential uses and structures in the vic'inity. The residential use that is proposed with this variance is compatible with the exist'i ng uses in the area. These uses are predominantly resjdential in nature. lllith respect to structures, this proposal involves no additional development on the s'i te and this consideration is not appf icab1e. The deqree to which relief from the strict or l iteral i nter r tati on and enforcement of a specified requlation is necessarv to ach VE omDat bilit uniformitv of treatment amons sites in the vicinitv or to atta n the ob ecti ves of tlflS Lrtle withSqt qrant of specjal p l{ith respect to the question of special privilege, the staff and Planning Conmissjon have been supportive of employee housing units over the past fewyears. As evidence, the Treetops Plaza building, Vaj'l Racquet Club Condominiums, and the Sunbird Lodge have been ailowed addit'i onal units provided they were restricted to employee housing. Due to these prev'i ous approvals, the staff does not consider this request a grant of specia1 privi1ege. The effect gf$e leqqqsted variance on lisht and ajr. distribution of u ut'i lities, and public safety. An additional unit on this site will generate a limited amount of increasedtraffic in the area. However, staff does not consider this increase to be significant. }lith respect to parking, there are presentiy 23 spaces on theproperty. Existing development requires a total of 20.5 spaces. This additional unit wi11 generate a demand for 2 additional spaces leaving a surplusof .5 spaces on the site. RELATED POLICIES IN VAIL'S COMMUNITY ACTION PLAN The most app.l icable element of the Community Action Plan wjth respect to this proposal is with respect to employee housing. As stated in the p1an, the Town should make a long range goal of prov'iding employee housing needs within the community. This project is a step toward meeting that goal . In addition, it shouid be noted that the Eagie County employee housing survey of 1984 identified this type of employee unit as the most desirable. Such other factors and criteria as the commission deems apolicable to the III.FI NDINGS The Planning and Environmental Commiss'i on shall make the following fjndings before granting a variance: That the granting of the varjance will not constitute a grant of special privilege inconsistent with the limitatjons on other properties classified in the same district. That the granting of the variance will not be detrimental to the pubiic health, safety, or welfare, or materia'l 1y injurious to properties or improvements in the vicinity. That the varjance is warranted for one or more of the following reasons: The strict or literal interpretation and enforcement of the specified regulation would result in practical djfficulty or unnecessary physical hardship jnconsistent with the objectives of this title. That there are exceptions or extraordinary circumstances or conditions applicable to the s'ite of the variance that do not apply general ly to otherproperties in the same zone. The strict or literal interpretatjon and enforcement of the specified regulat'i on would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IV. STAFF RECOMMENDATION Staff reconmends approval of this request. The one condition is that arestriction be pl aced on the unit'l imiting its use to long-term employee housing. To formal'ize this arrangement, a written agreement between the Town and the applicant will be required before the issuance of a buildingpermit. Upon completion, this agreement wil'l be recorded wjth the Clerk and Recorder's office of Eagle County. o kT^-",\ Planning and Environmental Commission Corrnuni ty Devel opment Department January 13, 1986 A request for a density control variance in order existing storage area to an employee hous'i ng unit square feet at the Meadow Vail Place condom'i niums Ipanema condominiums). Applicant: Po1 1y Blanton .+..\i*.1 ^&J.l\'..- an of 900 the TO: FROM: DATE: SUBJ ECT: a-o I 4 to convert cons i sti ng (formerl y Brooks ,rlnt tl.DESCRIPTION OF VARIANCE REQUESTED The appljcant has proposed converting space that was previously approved as storage to an employee housing unit. As demonstrated in the table be1ow, a GRFA variance'i s needed to allow for this conversion: Site Area 26,002 sq ft or .59 acres Al lowable GRFA: Existing GRFA: 15,60 1 sq ft 16,441 sq ft ?10{..* e.oo { I rR l&{{(,(*t" ,"f^[ 11u I GRFA with this proposal: -l+-f++ sq l'1,3q\ Al'lowable units l5 Existing units 9 Units w/proposal 10 It should be noted that this project has allowable units remaining on its site, and the variance request is only for the GRFA. It is al so important consider that the additional GRFA is done through a conversion of existing space and wil1 require no additional construction on the property. The appf icant has agreed to restrict this unit to employee housing only, if it approved. II. CRITERIA AND FINOINGS n review of Criteri Fi ndi n Secti nl .62.060 of the Munici al Code the ntr apDrova the re uest var't ance upon t actors: Consideration of Factors: The relationsh'ip of the requested variance to other existjng or potential uses and structures in the The residential use that 'i s comoati bl e wi th the EX'I S These uses are predominantly residentiiT-inlatuie. €rI t' \1*l D o\x,,\,\ .-- *"' ^\ -.i {'W EO 'ts the site and this consideration is not applicable. question ofl eci al ivileqe supportive o ee housi The degree to which relief from the stri ct or'l jteral jnterpretation and enforcement of a spec'i fied regulation is necessary to achieve compatibjlity and uniformity of treatment among sites in the vicinjty or to attain the ob.iectives of this title without grant of special privilese. t,Ji th respect to the Commission have been the staff and Planning units over the oast few years. As evidence Condominiums, and the/Sunbird ave they were restricted empl oyee housi ng.Due to these previous approvals, grant of special privilege.the staff does not consider this request a The etfec! qf llhe requested vari ance on light and ajr, distribution of population. transportation and traffic faciljties, public facilities andutiIities, and public safety. An additional unjt on this site wi'l 1 generate a limited amount of increasedtraffic in the area. However, staff ioes not -coniJdEi-T6-ii irrcrease to be =i-gnTf-rTeffi-.---fifi- respect to parking, there are presently 23 spaces on theproperty. Existing development requires a total of 20.5 spaces. This additional unjt wil'l generate a demand for 2 addjtional spaces leaving a surplus of .5 soaces on the site. RELATED POLICIES IN VAIL'S COMMUNITY ACTION PLAN The most applicable element of the Community Action Plan with respect to this proposaliswithreSpecttoemp.loyeehous.ing. should make a lonq ranqe qoal of orovidinq enolovee housinq needs within the- ilonrnunitv._ This projeEFis a step toward meeting that gET.--ln-addlTlEh; it -should be noted that the Eagie County employee hous'i ng survey of .|984 identified this type of employee unit as the most desirable. Such other fqctors and cri teri a as the commission deems applicable to the proposeo var'r ance III.FINOI NGS The Plannjng and Environmental Commjssion shall make the following fjndings before granting a variance: That the granting of the vari ance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same distri ct. That the granting of the variance wilI not be detrjmental to the public health, safety, or welfare, or materjally injurious to properties or improvements in the vicinity. That the vari ance js warranted for one or more of the following reasons: The strict or literal interpretatjon and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship'i nconsistent with the objectives of this tjtle. qi" That there are exceptions or extraordinary circumstances or conditions applicable to the sjte of the vari ance that do not apply generally to other propert'i es in the same zone. The strict or l'iteral interpretation and enforcement of the specified regulat'ion would deprive the applicant of privileges enjoyed by the owners of other properties jn the same district. IV. STAFF RECOMMENDATION Staff recommends approva'l of this request. The one condition is that a restriction be p'laced on the unit limiting its use to long-term employee housing. To formaljze this arrangement, a written agreement between the Town and the applicant will be required before the issuance of a building perm'i t. Upon completion, this agreement will be recorded with the Clerk and Recorder's office of Eagle County. A.*rtn-\^'- a*l.l^ltL L.^0o 1\r\ o Q,--t-^A -5 1.",!-a s t .t Iho.lsicq Iat\ wt, L P-S T^- n*o,!, -l/nnt\L3 . L{-hr,1 Q' n lJ,{ s-,f^,.) U L,< 5u q p9r s '\ / -.,trilL /-a' "'- I /Ltbr /.' < '' -o ''/ 5 )Jr TY'tt 7o uo- f ="- * 1. ^ /l6oq0 f /JAtrA ls 60\ .0t"*$- i\ oil-Jl i-D a\ t1-\ t||^"\ t I ; I ! I I l I I ,4 ir'r' "i8"''l?'i'IilitE"""i'|,-MAFTIII H. SHORECHRISTIAN CARL ONSAGERJANICE HOFMANN CLARKIIARIA J. FLORA EDWARO P. O'ERIENMARTI R. BAR€N CHRISTINA A. FIFLISEEVERLY L. RUTENBECXJOHN M. WIEGANO Hpum,srurw. Helunsrelw AND SHoRE, p c. A?IOF EYs AT L'W 'I3' O€LAWARE STREET P. O. BOX 5€37 oENVER. COLORADO €O2t7 IILEPHONE Grogt rr3-roao 'CLECOFIERIto3t 5tt- tatl Mr. Larty Eskrrtth ?5 8o Frontage R<L VaiL Cdona& 8165? As we reoeauy dis€ussed, enclced is a copy of an Amendm€nt to theCondomldum Declaratio-n-for TreelTcigi wrrierr wnr ue i.icoraea wrin tne rage CJorrtvclerk and Becorder. If you have sry i*oueril wlurirris preas" i"i,rs t"ror. ilune 19, lg84 In Re miniums Very truly yourq HELLER!|TEIN, IIELLERTITEIN AND SHOBB, p.C. 9*.'g//Ad44 Bever{y L. Butenbeck Dear Larry: BLB/mmm'Errclctre ccs TedStrause CONSENT TO AMENDMENT TO THE CONDOMIMUM DECLARATION FOR TREETOPS The undersigned, as holder of a reeorded first mortgage or deed of trust on acondominium unit at rreetops condominiumg _hereby ""ti"lit" to the followingamendment to the condominiuh Declaration rerreetops, ailin'enoed, as reeorded inthe Eagle County records, State of c"i;;;;; in Booti zzz ii,eage i'90, Paragraph 29(a) of the Condominium Delaration for Treetops is amended bythe addition of the following new suUparagrapn: "A portion _of lhe aip.ryce rights above the existing parkinggarage structure wNeh are sold or leased puriuant toParagraph 26(a) of this Declaration, as-amenOlO, ',o*y'U" *"0as a managerrs unit for employee housing, as approvEd by theTown of V1il, provided that; wien sueh .-a?,"g"rls _it nas Ueeneonstrueted, such managerrs unit may not bJ sold, transferredor eonveyed separately- frpm the rCmainder of ine airspacewhich is leased or sold-for a period of not less it"ii-inl life ofTrent William Ruder, a life in being, plur Zi years-irom tnedate the C.entifieate^o_f Oceupaney ior'suctmin g"r;, unit isiss-ued by the Town of vail. saio manager's ,nit-itn"titl r""""0 _only to pensons who are full time emplo-yees in the Upfer Eagle I*Iry-gl shall not be leased fa a period of less than thirty(3U) sqns..rtive,days. The managerc unit shall not be divideilinto any form of tiqreshare, inteival ownership, or fractionalfee. For purp6es. of this paragraph, a "full_tiri'e"-Lrpioyee i,a person wng w9r{q an average of thirty (30) hours plr week fh-9 r'Upp9r Eagle Vallef' shall be deemid to include the GoreYalley, Minturn, Ied Ciiff, Gilman, Eagle_Vail, Avon and thesunounding areas.n The foegoing Amendment to the Condominium Declaration for Treetopsshall be filed of record in the office of the Eagle county crerk and Reeorder, state ofColorado, in a form approved by the attorney for the Town of Vail, to insure that therestrictiorB contained therein run with the lan-d.and gy uinaili-on1h. h"i"r, suceesso.s, """i9-^ and personal -representatives of ireetops Condominium Assoeiation and thepurehaser or tenant of the airspace rights above'irr" "-ittiit?'o""ttng garage structureloeated at Treetops. By: Unit No. ,aa4-. VARIANCE I,IORKSHEET MEMORANDUM T0: Planning and Environmental Conmission FROl'l: Comnunity Development Department DATE: SUBJECT: APPLICANT: DESCRIPTION OF VARIANCE REQUESTED CRITERIA AND FINDINGS Consideration of Factors f the Municipal Codef Criteria Fi ndinqs actors: lationship of the ed varian tential uses g<-e- ')--=-.-gkL[.- 'lief a rict or literal inte retation and ives of thls t-*\"*[ +6,.-\-\A l{orksheet 2 The ef d var and di str tion of trans rtat tra les aci es and ut itisafety. RELATED POLICIES IN VAIL'S COI'fVIUNITY ACTION PLAN Such other factors and criterja as the commission deems applicable to the proposedffi FINDINGS varle The Planning and Environmental Commission shail make the folgranting a variance: That the granting of the variance will not constitute a grant of special privi'l egeinconsistent with the limitations on other properties clissified ih tne same disirict. That.the granting of the variance will not be detrimental to the public health,sgfqty' or welfare, or materially injurious to properties or imprbvements in the vi ci nity. That the variance is warranted for one or more of the following reasons: The strict or literal interpretation and enforcement of the specified regulationwgyJd.result in.practical difficulty or unnecessary physical hardship inionsistentwlth the objectives of this title. There-are exceptions or extraordinary circumstances or condjtions appl icable tothe site of the variance that do not appiy generaliy to other propei^ties in thesame zone. The strict or literal _interpretation and enforcement of the specified regulation would deprive the appiicant of privileges enjoyed by the owners of othei propertiesin the same district. STAFF RECOMMENDATIONS ae t ADDENDUM TO APPLICATION A. Variance Recruest: A Variance is herebv reguested from section_ll8.Zl.I90 o:ilthe Vail Municipal Code. The appl-icant desires to construct an employee housing unit in an existing storage area located at 44 West Meadow Drive. The area to be converted is approximately 900 sguare feet (see attached plans). 1. Rel-ationship of the requested Variance to other existing o : The existing uses in the vicinity include commercial lodging' general retail , residential (duplex and high density multi-family), and a home for fire trucks. The Variance is needed to provide employee housing for an on-site manager. The use is compatible with all surrounding uses and has been encouraged in al-I zone d.istricts by the Town. 2. The deqree to which relief from the strict or literal interpreta necessary to achieve compatibilitv and uniformity of treatment As stated in #2 above, employee housing has been an encouraged use in aLl zone districts (see also the 1984 Eagle County Employee Housing Study which encourages the disbursernent of employee housing throughout all zone districts). The Town in the recent past has granted Variances for employee housing at 770 Potato Patch and the Racquet Club. No specific requests for a Variance in the vicinity have been granted for employee housing because none have been requested. 3. The effect on ht and air distribution ofIation, transpor es, ut ties and There is no effect on light and air as this is an interior use. One to two people will be added to the density of the project, however, a manager is necessary for the project and by having aperson on-site will save trips to and from the project by anoutside employee, which decreases traffic. There is currently excess parking for the site. There is no change in ut,ilities. Public safety is enhanced by an on-site manager because responsetime for any emergency is reduced by having an employee on-site. B. An improvement survey is not necessary as the improvements and use are entirely within the building. C. A site plan is not necessary (see B above). D. Floor plans are attached. Improvement plans have beendelivered to the Town previously for a building permit. E. A copy of the Warranty Deed showing ownership is attached. F. Condominium association approval is not necessary (see attached Article 2 (h) for the uses all-owed by the DecLaration) . I.Thi s wil I A. App'lication Date bember ),9, 1985 PEC MEETING DATE ;anuary 13, 1985 APPLICATION FOR A VARIANCE procedure is required fgl qny project requesting a variance. The applicationnot be accepted until all information is submitted. NAME 0F APPLICANT Pol1v Blanton Brooks W. Meadow DriveADDRESS NAME OF ADDRESS pg6pg 476-2s67 B.APPLICANT' S REPRESENTATIVE P. O. Box 3149 orado 81657 Vail, Colorado 81658 c.NAME OF ot^lNER (S )(type or print)Blanton Brooks Si qnat ADDRESS 44 W.adow Drive pgglg 476-0092 Vail, Colorado 81657 PHONE 476-2567 D.LOCATION OF PROPOSAL ADDRESS 44 W. Meadow Drive LEGAL DESCRIPTION LOT BLOCK FILING See Attached E. FEE $IOO PAID cK#FROM THE FEE MUST BE PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT t,,ILL ACCEPT YOUR PROPOSAL. F. A list of the names of owners of all property adjacent to the subject property INCLUDING PROPERTY BEHIND AND ACR0SS SfntEfS, and their mailing aidresses. THE APPLICANT t,llLL BE RESPONSIBLE FOR CORRECf MAILING ADDRESSES. Ii. A PRE-APPLICATION CONFERENCE l,lITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED TO,}DETERMINEIFANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION hlILL BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING ADMINI5TRATOR). IT IS THE APPLiCANT'S RESPONSIBILITY TO ]liNTE NN APPOINTMENT I,IITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREUENTS. . - - PLEASE NOTE THAT A COMPLETE APPLICATION hJILL STREAMLINE THE APPROVAL PROCESS FOR Y0uR PROJEcr ev 0ecREASING-THE NUMBER 0F coNDITIoNs oF AppRovAL THAT THE pLANNING AND ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONDITTONS OF APPROVAL MUST BE. COMPLIED IdITH BEF0RE A BUILDING PEMIT IS ISSffi-. i i'-i - li i , , , ITI. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED: A. A WRITTEN STATEMENT 0F THE PRECISE NRrUne 0F THE VARIANCE REQUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: l. The relationship of the requested varjance to'other existing or potential uses and structures in the vicinity. i 2. The degree to which relief from the strict or literal interpretation andenforcement.of a-specified regulation is necessary to achieie compatibilitvand uniformit-y of treatment afiong siles tn-ine-viLiniti or to illiin';h;'"objectives of this titre without grant or speiiar privilege. OVER December 24, 1985 Me. Kristen Pritz Town of VailP. O. Box l-00Vail, CO 8L658 RE: Application for VarLance for CondornLnium Unl_ts 11 e 12 Meadow Vail Place (formerJ.y lpanema Condoml_niums) Dear KrJ.sten, condominium proJect, lrer sents on behalllcation The undersigned member of55t of the general comnron autnor the board of directors and an owner of elements of the above referenced eociation anton Brooks. rom paragraPn z(h) o um Ipanema Condoniniumg, recorded in book 347 atdeclaratLon forpage 595. If you you ln have any guestionsr you may contact me at. 476-2567.advance for your cooperation in this matter. Thank "rW PBB/vm f*8,-'A BrookE PUBLIC NOTICE NoTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on January 13, l9g5 at 3:00 pm in the counci'l chambers in the Vail municipal building. 'l ' Request for a conditional use permit in order to pennit temporary public parking tlStng a protective matting on an area 200' x 50' located adjacent to the west end of the exist'ing parking area on the east end of the upper bench at Ford park, Applicant: Town of Vail 2. Request for a conditional use permit and for a condominium conversion permit in order to convert the Fall Line Apartments into time share condominiums. Applicant: Kaiser E. Morcus 3. Request for an exterior alteration in order to add lg0 square feet to the Treetops P1aza Building. Lionshead. Applicant: Pierre Lakes, Ltd. 4. Request for an exterior alteration in CCI in order to enclose a deck and add a third floor at the Hill Building,3ll Bridge Street, Vail Village. Applicant: Blanche C. Hill 5. Request for a density variance in order to convert storage into an employee housing unit of 900 square feet at 44 tJest Meadow Drive, Lot I, vai'l village Znd Filing. Appl icant: Pol ly Brooks The applications for the proposals are available in the Community Development Department for inspection by the public during regular office hours. THOMAS A BRAUN TOtdN OF VAIL COMMUNITY DEVELOPI'IENT DEPARTMENT Published in the Vail Trail December 27, 1985. d-*, ADDRESSES TOR ADJACENT PROPERTY OI{NERS Neil G. and Barbara Bluhm 875 N. Michigan Avenue, Suite 3900 Chigago, tL 60611 Meadow Vail Associates, Ltd. 6 Shipnan Circle Ann Arbor, IrtI 48104 {,+ t Llee 1. 2. 3.A(r) 9--VaiL H. I. Company, Ltd.c/o Caruthers AssociateE 2075 Madlison Avenue, Suite 4 ltemphis, TN 38104 4. Vllla Cortina Homeowners AsEociationc/o BoE Fritch 183 Gore Creek DriveVail, CO 8f657 f-r / In a,'L / t/-e /t:/ I. This wil l A. Appl i cat'ion Date bmber 19, 1985 PEC MEETING OATE .lanuarv f:, fgd APPLICATION FOR A VARIANCE procedure is require$ f91 any project requesting a variance. The applicationnot be accepted until all information is submitted. NAME 0F APPLICANT Po1lv Blanton Brooks ADDRESS 44 w. Meadow Drive lorado 81657 pyg11p 47 6-2567 B.NAME OF ADDRESS APPLICANT' S REPRESENTATIVE P. O. Box 3149 Vail, Colorado 81658 PHoNE 476-0092 C. NAME 0F 0l'lNER(S) (type or print) Siqnature(s) ADDRESS 44 W. Meadow Drive Val1, Colorado 81657 PHoNE 476-2567 LOCATION OF PROPOSAL ADDRESS 44 w. Meadow Drive D. Blanton Brooks LEGAL DESCRIPTION LOT BLOCK YOUR PROPOSAL. , lr,r'FEE $roo vl;ro_y!l!l/!_cK #J J:J THE FEE MUST BE PAID BEFORE THE COMMUNITY FILING See Attached / FR0M f-e-f'a toa DTVELOPMENT DEPARTMENT hIILL ACCEPT F. A list of the names of owners of all property adjacent to the subject property INCLUDING PROPERTY BEHIND AND ACROSS STREETS-, ANA thcir MAiliNg AiATCSiCS.- THE APPLICANT WILL BE RESPONSIBLE FOR CORRECi MAILING ADDRESSEs. II. A PRE-APPLICATION CONFERENCE hlITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED TO}DETERMINEIFANY'ADDITIONAL INFORMTION IS NEEDED. NO APPLICATION t.tILL BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE zONING ru!.INISIRAI0B). IT Is THE APPLicANT's RESpoNSrBrLrTy T0 dnrr nn AppoTNTMENTI.IITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIRTMTNiJ. -_-:..'- PLEASE NOTE THAT A COMPLETE APPLICATION l^JILL STREAMLINE THE APPROVAL PROCESS FORY0uR PROJEcr gv orcRffiIttc-THE NUMBER 0F coNDITIoNS 0F AppRovAL THAT THE pLANNING AND ENVIRONMENTAL cOMMIssION MAY sTIPULATE. nli ionolrious-oF-npFCovnl-Musr er COMPLIED I^IITH BEFORE A BUILDING PERMIT IS ISSIIED-'. i , III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED: A. A WRITTEN STATEMENT OF THE PRECISE I{RTURT OF THE VARIANCE REqUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: 'l . The relationship of the requestqd variance to'other existing or potentialuses and structures in the'vicinity. 2. The- degree to which relief from the strict or litera'l interpretation andenforcement of a-specified regulation is.necessary to achiele corpaiiuiiityand uniformit-y 9f treatment afrong sites in the vitiniti or to attbin ihe - objectives of this tit'le without grant of special privi'lege. OVER oVari ance -2- 3. The effect'of the variance on light and air' distribution of population, transportation, traffic facilities, utilities' and public safety. B. A topographic and/or improvement survey at a scale of at least l" - 20' stamped by a Colorado licensed surveyor including locations of all existing improve- mbnts, including grades and elevations. 0ther elements which must be shown are parking and loading areas, ingress and egress, landscpped areas andutjlity and drainage features. C. A site p'l an at a scale of at least l" = 20' showing ex'i sting and proposed bui 1di ngs. D. A11 preliminary building elevations and_floor plans,sufficient to indicate the dimensions, general appearance' scale and use of all bui'ldings and spaces existing and proposed on the site. E. A preliminary t'it'le report to verify ownersh'ip and easements F. If the proposal is located in a multi-family development which has a homeowners' association, then wrjtten approval from the association in support of the proJebt must be received by a duly authorized agent for said association. G. Any additional material necessary for the determined by the zoning administrator.. * For interior modifications, an improvement waived by the zon'ing administrator. review of the app'l ication as survey and site p'lan may be IV.Time Requirments The Planning and Environmental Comnission meets of each month. A complete application fonn and (as described above) must be submitted a minimum PEC pub1 i c heari ng. No i ncompl ete app'li cati ons administrator) will be accepted by the planning nated submittal date. on the 2nd and 4th Mondays al 1 accompany'i ng material of 4 weeks prior to the date of (a3 determined by the zoning staff before or after the desig- the " +lqri ;' o , .. t - ,9,, 1 rq $'t{| ||,.I)r I a {a .\ l l \. | 1l| .\ri( \\, ' lillP' F l{''Lh t'r $r'|tt t - hfrflr\(;rr(l L\)il) \ALtlAll t (l()l'iSl r)t'R1il L(l\--- l.ri l, -- . '. r ,r I,mrn.i,r ,,,,' ,, ,, ".Ll 1l'."'rl (lr' !,,o{1, lr rtr:r' \t rl r| rr'trl '! rl'{ t ",' 'r,t , ir' I tiir I r(1( frrlrirrnr l" l" 'r L Il ,, ..,,, rr, I lr, I.rll' I t ,!r t L I r, i' l tlr '..1 itttt.".' ' 'r'.li"rl\lrr|'j . rqq.P. lrl r, , t.. | 'fl ,,., rJ, d tr, t,,l,r r iq8l. ',rrrl\. ((rl'ir r'1". 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Lt!iLtv .ataLnta l0 ir.t ' r .lnd t laat ln lJldlh !lrnt lh' r.( ordad 9t4t.tl Vrlt Vlllrd' Irrl!ty .'raaoant aa Srlnl'd l ' !:r loa!r!r!an! rar'ord3d ocl 'Dc' fatallan L t r€!ordad r'r')un\i Lart. brtLaan ltanctl cJodoolnl-o Prota. tt.'n 0tttr!(r racord'd Ocl')blr :i' E.|raran! .nd altltl 'rl gey f'rr (;\'l' ( r'tx ProParr '. vaar 198. r J trrbraq\rant yrJ"' unlin (o pay, r., er!r.cc .nd raaova h!' or' p.n. t r,l!a or ln!tr!act tn' P rt.n! racotdad S.glalb'r ''' d(!!ha! or c.rnata ._on.!r(rc('d by th' '\r!hortty ot aa 1.11rvrd !n unltad i(ata' P't'nt r'cor6'd S.D3arb.r {. 1921. rn lool 9} 't Prl' 9t' Rarrrtcitooa vlrtch do no3 !oniltn t l.'rf'rr'Jr' o( t'v'rl'r cl'ul'l but orltttna raa!rlctlonlr r! 'nv. brt'd Jn r'tc'r color' r'lllloo' or n.ttot|.I or!3ln' at ont.tn'd ln tnt(rut!'nc r'rord'd J'nqrry 9' l9bl' (n Sook t74 rt Palr rll. ! rJrh .IJnt tht toulht.lca'r/ lot I ltrr .rata!IY .,t l.rt r' thlun rtt th' sac.nd irltnS. tlrlv , r rr fli.!!a!! A"oct'tion' ltlc lt, I9t0 In Eoor lIl !r Pda' lot' and raltrlc!lona .l 'houn Jr ''s'(tr'd 'rn rnr frndoatnlg'| !Up citoorr 22. I9!a tn Bool Jr; ri p'r" tgn' lhorr ;r. r'lr!onl, -ov'n'n!r 'nd condtt: rnr' 3rr'ln'lr!' rrrJ r"trl'(lunr ;rr!.h rr€ r Du!.1.n tg rha c''ndo'lotu|n Lnrr ls"rtb'J (n s'n'dui' \' rr , )nt.!rrr:d ln lnr!rutanc rrcorara r)L:l c!r ll' l''Jl rlr 8"ut ]'i 'rc lrtt \is. ( ,.r! t,rtt .ltld lJtI frt" t9d: rn boor lat dt P.t' t9/ .tr lr :!f / .rl ilci asbl'ct l..rJ. laraaoant ba(r.an lpln'n' Cond"ftlniuln \lto!l'l'lJn rnd ftrrl n'rnf 01 ,.,ii ,.lr.l.o ocrob.r l,l , l9!2 tn loot llt 'rl 9'l' t9)' -;Tfl:il----; riqbt trr-v' to 3hr rga a par t of thc 3. Conqorr:irur |1!f:. UFon aubtLartial cc.lplatlon of rbullcrnti, rnd ;,;Ta;-;- d n y convGyrnc. h], Dcclrrrnt o, rcond.r! lnrurr unit lhert.,r, D.clarant ah!il crut. to b. fll"c forr.cir4 :r !-||ol.c Count.,.. Cclorrdc, thr tr}a1,, r|hlch ahall Cont,ainr.i.!) tlle ieqrl darerrlrtton of th. a.rrr.ce nf ,,h. lrnd; (b) th"ll.ncar !:.aluratnrntr lnd locrtion, vi,LL rcfcrcnca to tha axtar:orbr'uncdl reF of the llnd, ot tha burldlnq .nd all otharrril: (,r'Gn.Cr.ta buiit or Lc b. bullt on t}|c lrnd, (c) tha ?loo,t'Ianr .nC linaar dirncnrron3 of tha lnt.rror tc th. bulldrnq,lnc).ucrn.: Lhc aprrtoent unitr, th. ganarai c*ro;1 1gj6.ot. rhlchrr€ ni,1 ,r tx. r t of any r[ rrtrnant unit, aDd tbc ll,]ltad coruon .( lctr€rtF; ld) ttG delr(?nrtl3n by nurnbrr or oLhar aylbo I of Gachot,trtrent unrt; (r.) the cl.vltioh plrni of tha b!liaflnqr rnd (f)thp el"y.tr(,n tt 'he unflnlthrcl tntorror lurfacal o! thc !looruand ccrljnq! of the llurldi.nq, lncludlr,q tho aprrttnant unitr, .,.i6LaL.l lBl)e.i trorl a datur plaic, th" diattneca tatucc,:. f lcora rndcc:,11i..t:, and th" tinclr Daarut.nEnt3 thortnq tha thichnca! ofth€ |{ r r",rtrr u.t:15 (f thc buildln(i. D€clrrant rGfervcr, tor aiJ..t .1. ir a, t tr ex.^ee., 6et'en yeat!. !r.)r the tnttlrl recc.rcinrr r f ar;Ji t r,r , lnr. l:..ht ,t, 61..r,i: .r r,.rr llC,n trn(. t(, tite t( ccrf^r, tt tc,t!..^: (.c^t:.r z. :r:! lu.lC:,n: ilncl!!l ;f,.; arl rattr tlreler.f rr " t.rl I t,"| , ,..'r.1ir 'tn,r !.ei()(.nte eagcrner t3, 6acFFi r{..t.: ::, t,lalrlrr ti, :,1. -l,rtgr.t IGAerl.Cg untr., itgtlt tr.(, itlsltcces<: t 5 (.1 agti.rnF ..f,(. ri,.l I tc: atlend the D?cl^r^t!(,n l,urtuantt r I I'i, r r le! \.at :(,r:r 6r-t t".rtt, tr. :Ul,I,!ra.,raI l. (!,) hGr€rr o, aror,tlr{ {,r.i }t,at:C\t., r':t\ t6 -,r (r t,t:f t jtl.,n i. (.lrndofnl r.: I Ut t.nrt April 8, 1987 Connunity Planning Town of Vai] 75 S. Frontage Road Vail, Colorado 81657 Att: Kristin Pritz Re: Meadow Vail P'lace Condominiums Subject: Instal'l boiler in parking garage Kri sti n : |.|e are requesting "staff approval" of the above referencedproject as shown on the preliminary drawings prepared by Itlr. Charles R. l,li'lson, in our behalf.,hru*) Krisanne Acklam-Krohn Secretary/Treasurer Meadow Vai'l Place Condominiums : kak A Division of The ]/atl44 Corporation 44 West Meadow Drive Vail, Colorado a1657 3O3 o476-4271 Project Application o^r" 4',//'tZ Proiect Name: Prolect Description: Conlact Person and Owner, Address and Phon Architect, Address and Phone: Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAL Date: Town Plan ner E statt Approval ; 1r' APPLICATION OArc.: @ DATE OF DRB I4EETING:/-tq-trZ DRB APPLICATION *****THIS APPLICATION I.IILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBI4ITTED***** I. PRE.APPLICATION MEETING: A pre-application meeting with a planning staff member is strongly suggested to determihb 'if any additional information is needed. No application will. be-accepted unless it is coirplete (must include all items required by the zoning administrator) . It is the applicint's responsibility to make an appointment with the staff to find out about addit'ional submittal requirements. Please note that a C0MPLETE applica- tion will streamline the approval process for your project by decreasing the number of conditions of approval that the DRB may stipulate. ALL conditions of approval must be resolved before a building permit is issued. rura ma""r, // /p./ ,&ra./tat 2-,'/r Btock lUpe Fil ins h'IJl//yc 9.rJ iuz rfuil/,aa Legal Description Lot Zon i ng C. NME OF APPLICANT: , Address // //l ,:t ,4,,2f,/,,t' /l,t ,P,, 'f. , , telephone &4Zl D. NAME OF APPLICANT'S REPRESENTATIVE: Address E. NAME OF Si gnatu Address //,// ,,t,fr.V l,' ,l' ' tetepnone///-427/ be pa'id at the time a building FEE permi t 'is requested.F.DRB FEE: The fee will VALUATION $ o-$ lo,ooo $10,001 -$ 50,000 $50,001 -$ 150,000 $150,001 - $ ,500,000 $500,001 - $1,000,000$ 0ver $1,000,000 IMPORTANT NOTICE REGARDING ALL $ 10.00 $ 25.00 $ so.oo $100.oo $200.00 $300 .00 SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requ'irements, the applicant must stake the site to indicate property iines and building corners. Treel that will be removed should also be inarfLa. This work must be completed before the DRB visits the si te. Z. The review process for NEt^| BUILDINGS will normally involve two separate meetings of the Design Review Board, so plan on at least two meetings for their approval . 3. People who fajl to appear before the Design Review Board at their scheduled meeting and who have'hot asked for a postponement will be required to be republ i shed. A. PROJECT DESCRIPTION: B. LOCATION OF PROPOSAL: t. LIST OF MATERIALS NAME OF PROJECT: . LEGAL DESCRIPTIO STREET ADDRESS: DESCRIPTION OF P The following information is required for submittal Board before a final approval can be fiven: A. BUILDING MTERIALS: TYPE OF MATERIAL *ar/ /*r/q/t/n a. by the appl'icant to the Design Review COLOR Roof Si di ng 0ther l^la'll Material s Fasci a Soffi ts lli ndows Window Trim Doors Door Trim Hand or Deck Rails F'lues F'l ash j ngs Chimneys Trash Enclosures Greenhouses Other B. LANDSCAPING: Name PLANT MATERIALS: PROPOSED TREES of Botanical Name Common Name Quani ty Si ze* EXISTING TREES TO BE REMOVED fns&az4ne / ,4J5u/ coni fers. (over) *Indicate caliper for deciducious trees.Indicate height for J oo il|..,., u t,-, (/ r -t (2o,- ,a -1 o - Y=h ??+ - .L,i // f o "lc .12 c-/ *4/-_= --{14 l1*-- ;* /"--,- u.1 o- c4,.2-.4-.-,- -fL^ *d */n o lq,J ,^ __ I i rl r t IL'l't-Y-l -) c"r{-{ ) (-^d- t-,<- ^L'. ,', /4"."-;-.F, I a;L Leau't ,l-(. t r**-{"1 - f"r- .nb f ,( ''-' ,'' ' ,-(/' A \--;' A;- "r ,*o/ /t".L a o,/ 4 L- fe. r''a- -r(tb/<'@Tt ol+ rrL':u o Project Application Co,. t/on" z-/2 t ,/ 7 0 (l--z---tL+/-".-/ Project Name: Proiect Description: Contact Person and D+a Owner. Address and Phone: Architect. Address and Phone: Legal Oescription: Lot Block Filing Zone Com ments: Design Review Board l Motion by: UOZA u-a-! 3) DISAPPROVAL ,/-l Town Planner/lo^r., 2,'/z-/ / ?0 E statt Approval Project Appllcation i! 'u/ ,'l ,.'/. t,-o.- | ,) I ) ,'p/ | -j ( .:-.i -- /.t ,^," tfsr/rat Project Name: Project Description: Contact Person and Phone / \<_/\j. -t i, t:-'2 a,, ..t Owner, Address and Phon€: Architect. Address and Phone: Legal Description: Lot Block Filing Zone Comments: Design Review Board Date Motion by: S€conded by: APPROVAL DISAPPROVAL Summary: Iti .i /)/) |ca,a"-1 T,,r!. 14t'7.0 W (c\1 /-t''Lt/)u E statt Approval Januar.y 17, 1990 Town of Vail Bu'ilding Department 75 S. Frontage RoadVail, Colorado 81657 Gentl emen : P] ease be advised that the l',leadow Vai l P'lace Condominium Assoclation has retained Rusty Spike Enterprises to replace the siding on the south/eastfacing wall of the exterior of our bui'lding. A meeting with Mike Krohn and members of the Board was held August 4, 1gB9 to detemjne the bestsolution to our problem of warped siding, leaks etc. and it was decldedto use the Sto system, Kris Acklam Vail 44 Corporation A Division of The Yail44 Corporation 44 West Meadow Drive \zail. Colorado 81657 3O3.476'{271 rrnt5!r\. lT.-.,;i f f?fn/t;lfil\ Aul;rlrJ*ttffi+,LH#t: F^xo 4 z'{, -i*i t i..f i )l. t/,n lt| ,.trat'n /llfl l7A _ FAI rfuH0ER (301) 7ne-4863 L{,/i..e /(::'L*:ts: Gn s r 6t (l Fr, /,ssrr'/-ln. l 1\fo cr-ze\teu/? ti! Iit T t, r TO: rnfl: PAGE Iloe -"1- 4 c+-t t-1" e--ga st S CrlLJer€ol" (c,".l'-.t, n"e." ska*l.I U 'r- I I{cA .l cr t, I C. lvtctt€\e I vl(( i iiitt iq.., I T II '0 IAd LAEfl ,tOO B. Xrl.m.th gt. ,(POEor lO9?, '- Englrwood, CO lOt 50 l0o3l ro | 'ttro I OO0 S. Perk Lrrrr, llrrtt 3 I I lcrtpc AZ 05261' (6021A.l0 2 36,1 loozl soo 0o4t l60 6. AOO lY., 8u11. | | 9itl L.h. Glly, 91 64" (0orl3!e.l15l (oool 0?t.tt t I OlS:dI trA:9T NHI 45.E98F-68L/SB[:ON -t3t_ NU3tS3f,1 lifor?l r> q -1,-*, oo ra STO Exterior 7 YEAR WAHRANTY Insulation Systems l]^O.lf.l".lrl"_1llg C'SrO) wanants rhlt rhs producrs eotd or manotactu,ed by tr, when prope y apptiod by an 9?qricalor ipp9ygd by STCI in stricl_accordance wilh STO'S procodures and apitioabte sdociiicariois * AIOO, AZOO,4300' A400. Asm. D100, D2o0 or.Mlm (as the cEso may d), inctuding propelip4rcarton ot Crr-rr SiO piooiis" 6i 11:|plf"]gr,iqfved bv STO usins othor prorlucls eith;r manulacturid by sTO 6r orherwise speciticatiy aunoriz6o _Y^lj.q s rp.ptioaU]o sprcilbalions and proceduros, shalt be froe tiorn deleits In rnatorial lo, a pdrbd ol riven 121I:il._lryi FF "t STo's original Invoica to STo'o supplier. disrriDutor. contaclor, spdicator orownoc as me ciea mayo€; providod, however, thal no vvarrenly 6lat€d heroin shall be effectlvo until and unidss 9TO has recaivod paymgnt in'lull lor such products subloct to this warranty. The-above watrSnly ghall covot wilhin its scopo componeflt products producad lor STo by othe. tllanulaolulbas andwnrcn gfo Inoo.porared inlo STO prodlctE subieql to lhis warranty and sold by STO specilically under STO,S narn€.|.lowovelno war.arrly whatso€ver is Inade wilh respect to (i) matorlals produced by dher manutacturers 6116 nol boaring STO'S name which are u5€d in lho applicat'lon ol SiO,s proOuciB oovered hereunder, nor ( ) fi{algriats(in-ciuding.Insu9!$ board) producsr, tJy orhe;manutEcturors foi STO out nor speoificaffy sotO oi d.'id, even ir sucnproOuole bear STO3 narno Funher, STO makes no warranties whatgogvgr witti respecito tho wolXmanghtp involvedin lho appticaiiqn ol any STO products uyafranted hgrgunder. STO makos nO Olllet warrEnty, axpf Ess or implied, wlth (espect to its products, nor wllh regpoot to iF spocilicElions. 91c.qT_eIPt6$iv statod hsr€in. Furthor, STO MAKES N.o WARHANTY OF MEncHAHfretltrv wtrx RESPECyTo lrs PRooucrs, AND FURTHEA MAXFs t.lo wARRANTY rHAT THE rnoou-Cis orlrs ulHuraoruReARE FIT FOR ANY PAHTICULAF PUhPOSE. P:t:!lt,il-lllt:glraused by misusa. mishandllng, improper srorago, irnp(op€r appticarion, i.nproper oombinarion withIno Ptootrcts ol 5lo o. 6llro15. or any-olhef fsiluro to $kiclly tollow STO'5 sp€cficatlons and p/dc€iruros aro nolwataanled undot.orly cilculhstanogs. STO slull nor be rcsponsit)to tor dgtehq in material, or'lo. danrags or iuurycausod by malo/iols nol pfodue€d by ot sold by STO, sv€n ll under STO,5 name, excepl as oUronviee ipeUtiiaf{rslsted hea6in. sTo shall not be rssponsible loidelects irr rnaloriats or d€.nag6 lo any inaterials wharsoovg/, whethEr ornol produced by S]O sAd wh€ther or nol olherwis€ covered urldsr this rryarrlnty, wnire sucn OetecG or danag€ iT f."^t-* jTP9 "l.in parl by applioatars ol STO's producls or eny otlrer laboro;, Funher. 8TO rhall nor be ,esFonsibtelor.any oatnage gr inlury whalsoever caused in wholo Ar in part by acts of God, slfucturEl anovgmenl, insulticidnt o,oolscr|vg rv.lorProoling b€lwe€n ths STo matgrials and non-STo mate(ials, nor any othgr damage or iniury not solelyand diroctly caused by a delorl in STO'$ producls 09 covsred undef this waftAoty. STO,shall nol bo recpor]sibls lor inoidental or consoqu€nrrat Oarnages as suoh terms aro definod in Seclbn e.7lS olure unrorm uommelclal Uod6, ol any olhgr appicabl8 or successor' law dolinlng gaid |€rmB, tegordle3B ol cause.$TO'r aolc responsibility aM tiabitity under thijwarranry sho bo ro guppty repriclmini maieriu-tl'iriJ nOo, ro, anySTO product warranted hereundar ihown to be defeglvo wirhin ievenii)ieirs from the dete of Sibe orignat invofqolo STOb supplier, distributor, crontractor, appllc&tor or o*ngr, as the case may bo. This le the eole remedy under thiswatrgnly to the putchasel or otherp€r6on o/ enlily ctaiming under this wa/Janty, whtctr stratt inotuci ihe ownor ot ttreelructr/1. L *t.t ,ho STO rnaterietg were apptied, Es the ;nd us6, of ths SfO'proOucts,'l,io oiiiil, -inj"peno"nt ot lhie :1t:lq:$]1.9" Jnad6 bv. the purchasor ol sTO's producls or Eny psr$n or eilry tor whose benelir rh'o STO prooucigvrelo pulcnas6d or appftad, induding any subcontraclof. cont/acto( ggneral Contrdctor. o, buildng oMler. Thlg wgnanty may not be t.ansfonod or asrigngd sxcept to tho contractor, gon€ral contrgclof snd owner, aatr 8nyaubsoquent owner wilhin the ssvsn year warianry peri;. ot lhe st.uoura inio whtcrr SfO.i iiJ""i-irr,"ff U.tgtP^tl{: 9l*9 the goods are buiHing maroriais and e(e n.,t inrendod to b€ Eold ro a ,,con6u.ner.' grcopl ffi part ofteal eglalo ol as 3 mdior addilion thet€lo. thi$ wafionty ls not intended lo flpply to any pa/ty constituthlg a .oon5umer. as such t6ttn i! dofinod by the Megnt sgl.fylgss Warranty Aut ThiE warrsnry m*sr bo signod by rn aurhorizad r€pre$enrative ol gro in order ro b3 gfl€ctive. This warrEnry shdtt bg intgrpt€lod under lhe lerms ol tlre Unilorm Comme,dal Cod6 or law ol simitar irnporl or asuccg$sor law llt eto, Add,g!r rq. n. A)0iOalol lunoliiJJneprtg,r,rrlrivroiS-tO-tna,l,rlr.til6F-" 115 a I Lb. STO Eoad I clflcatlons REV. JANUAFV 1988 as manufaAured by apprcved STO board manufactutsrs $prclhcilonrl ASTM C578-E5 ars minimum STO Boad Specltications, arnended as follows: llst rhh: , Only |00% vl4in €xpandable polystyrene modlfled resin bgade are to be u$sd. The use of arry |bgrlnd material ls etrlctly forbkfton. Brtd Fudon: 80o/. or tr6ttor, no visible voids. Curlng: Moldcd blocl€ shall be air dried lor a minimum of six weeks (leEs than .5% residual penlane) p.ior to cutttng hfo linbhod boards or the kiln dried equivalent, \ Dlmcnrlmrl loleranccr owr omlrc bofld of a mar. rlzc (2' x 4' ASTII G55{l}: Lcryth: g%cirrches Wldlh: t %s inch€s Thidm€s8: * llc Incfiee Squarencgs: = %e inchegFldnes6: * r^e Inches Phyrhrl Prop.rtlcrl Rstuethod o.nrtty Thrrmrl P.|lop.rllco (1' thlck bo6rd) Thormal Rgsblanoo G) 75"F Th€mal Rrsielance @ it0'F Themal Condustivily @40'F Coeffldont of thormal expansion 8ttrngth Fpprillcc Co.nprE!3lva 1096 Def locrion FlexuralStsnglh TerclleStrrnglh tlolrturr hoslrtanco \ rater t/aporTransmlsslm W.torAbsorptim Surfroa Burnlng Ch aoterl3tlcs FlamcSpmad FuelConultutod Smoke Develop€d ASTM c303 ASTM C-12-C-518 ASTM Q-12,C.418 ASTM C-iZ-C-5t8 ASTM D.696 ASTM O-1621 ASTMC-a)3 ASTM D-1E23 ASTM G355 ASTM C-272 ASTM E.84 ASTM E.84 ASTM E.84 .91-1.10 lbs./c{.tt. R = S,85 Fl.r.F.h/BTU R-4I7 Ft.'-F.tt/BTU U-0.24 ,fiXmslnnn-F 10-17 prri 28ps$p8l 1F20psi 1.2-2.2geil los6 than 2% by vdume 5 Not determlnable4H5 llrillng: Each boad shall be marked on lts end in yellow with the STO brand narne and the manufscturo/s quatlty oontrcl numbor. Boelds shell bo packagcd In STO yello,v polyethylene bags marked In black with the STO brand neme, snd cafrying a labol cloafiy Indicating the properties ol the boards. a n r Jf;N-l8-'94 fHU L6?AZ ID:sTO IIESTERN TEL NO:383,'789-4863 nea? Paz Code EFFEGTIVE JANUAHY 1888Approvals 1, ICBO Report No. 390S, STO Ext€rior Vusll Ftnish & Insulatiorr Systam 2' BocA Research Heport No. Eg-19, sro Fullrherffiar system and sTo Full rherm6l syslem-M 3, SBCCI Reporr No. 8378, Exterior Finlshog 4 U,S..Dept -of Housing & Urban Development MstBrials R€l€a6e No. j 0Z0s, STO Exterior l/thllInsulation & Finl€h Sy$em 5. Metopolitan Dade County, Floflda, Acceptanca No. 85-101E.g, STO Full Thermal Syst€m ExteriorWhll Insulailon 6, New York State Dlvlslon of Heusinq& Community Fenewal, Cdrtificate ol Acceptability No. 490-g2.M& MC, STO Compostte Insulation -$ystem 7. New\brk State DivEton of Houeing & Community Ftenewaf, Corrtftcst€ ol Acceptabitity, No. dgB{&M& MC, STO M.System S New York City Departmenl of Bulldings, Feport of Mat€riat & Equlpment Acceptance Diviaion, luEA :fr]277 -tr1-M, Mineral Wpot Board Theniai Insiltation Material 9' l-s:,v^Y-otk- qity Departm€nt ot Buildings, Feport of Matedat & Equipment Acceptance Dlvision, MEA278-8Il-M, Insutaled lAhll Finlsh Sysr-em 10' New York city Dopartment ol.BtildLngs, Report ol Materiat & Equipment Acceptance Division, MEA6-82.M, Coating lor lfiterior Finish & Exteridr Walt Surface ?lm ' 1L Boston, Massachuseng State BuildirE Cod€ Approval 12. Stats of Connecticut Cenlflcate of Compliance, Wbll Surfdcing MEtBrial and Insulating Systam 10' wisconsin Bullclrng Met€riar Approrar #810009, sro Fuil Thermal systam 14' city of Phoenix, Arizona File No. M-2-gs-8, sro Exterior wall Finish and tnsulation gystem '15. stEte of Hhode rsrand, D€pr. or community AttairE, Buirding commrgsiondr 16. city of sarl Franciece, carirornia, General Apprwal No. 200s102.1, sro Full rhermal syslam 17, City of Los Angeles, California, RR #247Cf,, SIO Coatings on Intsrlor or Exterior NoncombustiblsSubgtrates 18. city ot Los Angeles, cailtornie, RR #e47g1, sro Extertor walt Finish ard Insutatiofl system l9 Offic€ of the Calilornia Stste Fir€ Marshall, No, 2160-1089:100, Exterior wail and Insutelon Syst€m 20' Ministrv of Houslng,.Ontario, Authoriuallon #85-947, STO Exterior Fosmed plegric or Mineral\r1tbolhsuhtion and FinEh System F 'f0r t*lol.' un," .lf tfl-he--- FAt( NUHnER (rul) rBe-486t Bt il Fr,/rss/r'l-lSr" cr-,€\{*",t ,PAcE / ofGEFb ha x( s COrler<J, tI t. ift?I if., .it(..'.lo. t fl1 e.-s k n* l.l-.l * l,[* Ac:te \1"lt/l(q-it( '|l I!'ia tf. a] tlltii I)tI I $ .!|'lI(I tdotPl s aDt{ -{rr-*0,IAd LAEH ,'lA0O g. Xilrnrrtlr Sl.,(FOEor lCOt, ''1 Engt.rwood, CO i0l5() lilosl r! | 'tt3t t(}OO 5^ Frrh Lrlt, tlrrtl 3 ,, I ornpe J\I 85241' (6O21.,9q8 2 164 (oo2l soG on4l ' | 60 8, 3OO lY,, tullr | | 9;ll f.hr Cllt, Ul 04" (oorl36e.1r5l (0ool c?t'tt t t OI5:fiI TE:gT NHI 86.NUflS3f4 1.,. JFN-18-'94 THU 1I5:83 ID:STO UESTERN rEL r'lD::ral/'?[4EEl STO PRODUCT 1" slo FTS (SrO BFB Mesh, Finlsh) HEE? FO3 RAGE I REgUUTg Aftor 3.000 hours of BXpOsUrS, Sp€Cim€n show€d no chang€ After 800liters ol falling sEnd, sllght abraslon: noolherchange in lhe 3u rtace AttOr 400 hours of 50/o 98lt fog, gpe6lm66 showod no changs After 4,000 hours ol sxposure, lhs spdcimen shotr,ed no IchansE I AftDr 2,000 houfs ot €xpo5ur6, fie Specimen showed no change No fungus grovyth afisr 42 dayE 1.90 US Perms Technical TESTING IN$TIIUIE TEST MFTHOD Reports U.S- Gsting Company U.S. Tosling Company U.S. Teeling Company U-S. T*ting Company U.S. Testing Company U,S. Testing Company U.S. Testing Company REPORT/DATE HESISTANCE TO THE ELEMENTS Molrtur! ReslstNnoe 87087.5 7tnlffi Abraslon Fgrlstrnc? SSEEG2A 1t?.UE7 Seh Fog HgslStance 9388&5A 1n6tB7 Accelerrtod WeEthsrlng 9386G8a Eit6/87 Accolorfltcd Wbatherlog sxt3{h3 fit4/|'i6 lrlad6w Heglstincs 90060€A u4t87 Water Vapor Tlrnam||alon 9t190 10/r5/85 Federal Standard 141 Msthod 602'l Federal Teet Method #1414, Method 619'l 2'STO FTS {STO HFf, Mesh, Finish) ASTM 8.117.73 ASTM G.23 ASTM G.23 Military Standard 8108 l\ibthod #508 2'STO FTS (STO RFP Mesh, Finlsh) 2" sro FTS (SrO FFE Megh, Flnlsh) ?' Mii'|efal Wool System (ST0 RFB M6sh, STOLIT) 2'STO FTS (STO RFe Mesh, Finish) ASTM E-S6 1" STO FTS (STO RFP, Mesh, Finish) o 112 t, \v ) ,:/nq" REPORT/OAYE ADI{EEIVE STREilGTH 6C131 92e/d1 0a29sl 2,28/Et 8nil.2 6rz|tu 00e5,L1fllilE, FLEXURAL STRENGTH c6349 584/09 Reports U.S. Gstng Oorprny U,S. Tesllng CompanY U.S. lbrtlng Comparry U.S. Terling Company c U,S. T63thg Company ASTM C-297 ASTM C-297 ASTM G297 ASTM C-297 ASTM c-203 8TO PBOOUCT STO ADH, STO EPS adhered lo concr€lo block STO DISPERSION ADHESIVE . on concrste block . on gypium ehcathing STO BTS on concrete block PAGf,.l i,a67 psl (pounds Par squ|'c bot) 0.570 psf houndr Per rquu€ bot) 3,872 prl (Poundl P|r equrn fod 9,904 pet (poundc Pei squrre fool) Technical TESTINS INSTITUTE TEST METHOO 1 STO BTS, STO FT$ aclhered to Painl.d concrsto block 5,018 psf (Potlnds P.. lquarg toot) STO Synth€tic FTS o llsxural slrsnglh . apgarent modulus STO Cernontillous FITI r flexutal strcnglh . appE ant nrodulus 131 pEl (poun# Per iourtl Inch) 3,060 Psi (goultd8 Per equarc Inch) 127 pci (Potnde Per squltl Indl) 3,020 Dsi (Pounds Psr .quoG Inch) hEFORT/DATE RESI$TANCE TO ilPAgT 3021 0/11/81 986it+27nl8 tt952-. rt120164 eG69r{ 7i,j2/[7 RESISTANCE TO }IYDBOSTATIC PRESSURE sr385 1tvt8/t6 Technical Reporls TEGTllrlg lNgtlTUTE TEST METHOO Cgnitruotion Rsssarch Laboralory Inc. ASTM E.72 U.S. Tesflng Comparry ASTM 0.1037 HOE9 STO PFODUCI FESULII ? STO Adhesiv€ FTS No damrge to Synthetic System axt dor lkh 8t 3fl)ft. lb3. ,l'STo FTS (gTO 104 in. lba RFB Mesh, STOLID U.S. Tosling Oomparry U.S. Tssling Company U.S. Tesling Company ASTM D-1037 4, sTo FTs (2 x STO RFP, Mesh, STOLIT) 4'10 ln. lbo. No water Panctrattgn @ 65 p3i (poundr Pet 6quar€ lnch) ASrM 0-1007 Stendad Lab Method STO FLEXYL 4" STO FrS (STO 530 in. hs. RFP, ARMOR MAT ivlesh, STOLIT) RESISTANCE TOCHEiIICALS r3.t47]}l E/'loEs Applied Tcchnical Soryicas. Inc. STOLAN R1.0 m c+|angc SToLAN R1.5 no clrqrlgs STO SUPEBLIT K2 no ciflEs STO ANTIOUE no $ango \ Fedgral spcciticatlon sg-c421b JRN-18-'94 THU 16:@3 ID3 STO I,JESTERNo TEL No:383/?89-4863 nea? Pa4 moE e RE6ULTS Atter 90 cycl$, spe(lmgn doos nol show any dslotarlous €fiecls All€a 10 oyc{et, spsdmon doos nol shory any delot€riou8 €tflcts Aftor72 hours, sample permitl€d no prsage of watcr - 131 psf (pounds per BquaF loot) tE ofi?/o^lE Wri.rAb|orpllonFnrdftrw R.d.lmce 90000{A vnET Ylbler Ab.orptlon Frorc/Thaw Rillatmcc e000s2 7t9/!. RESISTANCE TO RAIN 9386GtA 1t'!28N1 RESISTAT.ICE TO UI{DLOAD 8086$3 l0/2'Ugl 8247-gr rztglgl 8638&1 1ff21tt3 37tt1C et?',n,z Technical Reports IESTING II{STTTUTE U.S. lbsling Company U,S. TBEting Company U.S. Testlng Company U.S. Testlng Company Ranrtech Laboratorles Inc. U.S, Testing Oompany IEST METHOD $tandard Lab Method STO PFODUST 2" sTo FTS (STO RFB M6sh, Finish) ASTM D.l189.70 TT-C-sssB ASTM E-72 & E.330 g Min€ral Wbol $yslem (STO RFB MeEh, $TOLIT) 2r sro FTs (sro RFe Mesh, Flnlsh) 1' STO A<lhesive FTS Syntheilc sFtem Construclion ASTM E-72 & E-330 Research kboratory Inc. ASTM E.72 ASTM E-72 & E-330 18 gouge steel stud with %" Typ€ x gypsum rhdathing 2'STO Adhesive FTS Synth€lic Syotsm Gyp3um thgathing atlached wlih metal lath 2'9TO FT$M Mechanlcally Fastened - .|78 prt (pounds prr square loot) - 200 prf (pourdc per square toor) -75 psf (pounds per squ{s foot) Technical TESTING INSNTUTE TEST METHOD Reports U.S. Testing Company U.S. Tosting Company U.S. Testing Company U.S. Tesllr€ Company U.S. Tffiting Company U,S. T€sting CompanY U.S. Testing Comparry F€doral Standard ,|41 Mothod 6021 6T0 PRODUCT 1" STO FTS (STO BFe M6sh, Flnlsh) FAGE 1 RESULTS Aft6r 3,000 hou.ts of exposul€, sp€clmsn shorred no changa After 800liters of falling sarrd, sllght abraslon: no othsr chatg€ in lhg gurlace Afler 4il) hours ol 57o sall log, $p€dmon showed no charpe Alter 4,000 hours of axpo6ut€, lho spedmen shorvsd no chango After 2,000 hours ol €xposure, the spocimen shotrved no chango No fungus gror4h afler 42 day€ REPC'fiTIDATE BESISTANCE TO THE ELEMENTS tolrtup Rttltti.roa E70a7'5 7t21t9i6 Abrasbn RoslEttncr slao{F2A 1/2&E7 Sen Foo Fgglrtsnci 93EElt€A uaDT Acc.hr.tcd lNbatherlog 9300G04 u16187 Accrlerrted Sledharlng git030.3 11/4/t6 tllklow HeilStirrCg s3660-EA lEgnr Whler VrPor trndDlsrlon 91100 10/r5l8li Fedsral Test Method #141A, Method 619't 2" STO FrS (STO RFB Mesh, Finieh) ASTM 8.117-73 ASTM G.23 ASTM G.23 Mititiry Standad 8108 Melhod #508 ? STO FTS (STO FFR Mesh, Finlsh) 2" sro Frs (sro RFP. Mesh, Flnlsh) 2l Min€rat \ rool System (STO RFB Mosh, STOLIT) / sTo FTS (STO RFP, Mesh, Finish) ASTM E-S6 1'STO FrS (STO 1'90 US Perms RFP. Mesh, Finish) f 112 JAN-18-'98 THU 16:€2 ID;STO I,{ESTERN o TEL NO:383/?89-4853o HAA? PA? EFFECTIVE .,ANUAF' 1088 ^ 1. ICBO Rspon tb. 3906, STO Exteilor Wbil Finish & Insutadon Systom 2' socA R$earch Report No' gg-rg, sro Fuil Thermar $yerem and sTo Fu[ Themd syst€m-M 3. SBCCI Reporr No. fft7E, Exterlor Flnlshes 4' Jls,q;epr-of Houeing & Urban Development Matarials Retease No. i020a, sTo ExrariortilatlIn8ulElion & Finlsh Syetem 5. M€t|opolitan Dade county, Florida, Accoptarre No. 85-1018.9, sro Fuil Thormat s}'3bm Ext€rio,Wbll lnrL{allon 6. N€w York state Dlvlglon ol Houeing-& community Renewat, certificale of Acc€pt8bility No. 4g0€2.M& MC, STO Compodt€ Insulation-Syei€; 7. New \6rk Slate Oivislon ot Hot,tirrg & Gommunity Honeyi,at, CoHlllcate ol Acceptabilily, No. ggg€$MA MC, 8TO M.Bystem e !9:v-v-o1! City Dsparlment ot Bullding3, Report of Material. & Egutpmant A6septance Division, MEA277.93-M, Mineral ltrtpot Board Thenfrai niilafon Liai"rirl I' New Yoft city Deparhr€rt of Builclings, Reporr of Materisl & Equipment Aaceplarre DMsi;,.,, MEA278€ll-M, tnsuteted Wh[ Ftnlsh SysGm 10. New York City Ooparlmonl ol.B.uitding_s, Report of Matsriatt Equiflnent AcceptanCo Division, MEA6€2.M, Coating for Interior Finish & Eirerdiwari dririace nm 11, Boston, Maesachusen€ Stato Building Code Apprwal 12' State ol Conneclicnrl cenlfbato of Compliance, Wall Surfaclng Meterhl and Insutaling sy6bm 13. Wisaonsin Bufidtng M|tcrial Apprwat #gtOOOg, STO FullThermaf gystem 14. city ot Phoenix, Arizona Fire No. M-2-gs"B, sro Extedor wbil Finr.h and rrrouration syctem 15. State ot Rhode tsland, Dopt. of Community Affairs, Buik ing Commbsioner 16. Cily ol San Fr6nclsc!, Calife616, Goneral Apprwal No. ?00g102J, STO FullThermel Syrtem 17' city ol Los Angeles, Gelitornia, FR #24708, sTO Coatings on Inledor or Exerior NmombustibleSubetrata! city of Los Angeres, caflfornia, RF #24791, sro Exterror wEil Finrch and Inguroti{rn s}n3tam ofllct of the californla state Fire Marshall, No. 2160-l0gg:i00, Extedor walt and lmularlon spbrn Minlstry of Houslng,.Ontario' Authorizatlon #85-9-87, STo Exterior Foam€d pla.itlc gr Mlnaral trrbol|nsuhllon and Finirh Systdm 18. 19. m. \ Code Apprcvals ,t -.rr ! I a APPLICATION [)ATE:,l s DRB APPLICATION / **T**THIS APPLICATION l.lILL NOT BE ACCEPTED UNTIL ALL INFORMATION I. PRE-APPLICATI0N.MEEIING:' - t, -, , , t'. .:rtit -.-- .,F noo vrFJlflQ 3DA I L Uf Utro r-rr'r' Itl-ll tiirl I rJ i vJllv s \j /1r r r IS SUBIIITTED*fIT* A ore-application meeting with-a planning staff member'is strongly suggested to deiermine if any aoaiiiorlai i'ito'fiiii6" i''ii"o"I'.j: li,pll,:'llli*ill'*t:i::?::1 ;i:*,I A pre-appr i cati on qeeli !s yi !!-l.ll llling_'!ili^T*oil li"ilHl?g ;lA pre-appllCatl0n meeErng wr Lrr q Prctlrlrrrrv )i..'' ' "r!"'--' '- catiOn-Uill be aCCepterl ..:=SF._. e"[.}';;E ii-;ty aaaiiior'at inforiration is nceded'. No aFpl'i unress it is comprete (must il-"119: .rr ii.ii!'i:fli*t*i-:i:'ll'ln iiTllt?:"?i::)' '-ii1i:j it'il'.il ii0fi'15;i[ ]ffi;.'i;i;ii''ii ilil-.1.11ryii3i':.:l.l :lfi"i:+lt.l3'{::1ii'ii-tt " applicint,s respOnsibility tO make an app.lnunenE wrf,n Lrrtr rL€rr I r'e I rrr\r ....."J.T; out about additionar submittar requiremenii' -i;1;i'9-l:::-tl1t,:":g:!!F'i:pll,:il" :" '''Tli? ll:'Tlii :iffiiffi il;"il;;";;5ii$;; "iit.till.t""i:il :1":::i:::il? :1;,:*f'Iil;rTii il;;iil; it"-upp"ou.l'Rlgcess for vour proj99! bv decreasrns Ene numDer ':'''-' of conditions or apprJ"ir-'t[ii'ir.l.'bng riv'ltiirilt!. -ALL c6nditions of approval must :'s*i ie i.toruea before'i luitaing permit.is issued' A. PROJECT DESCRIPTION: ,e- B. LOCATION OF\ Address Legal DescriPtion Lot Bl ock Zoni ng oa-eO 5az-lfi,s/ "K/Ae1 Filing ,\-1C. NAI4E OF Address D. NAI'IE OF Addres s E. NAI'IE 0F Si gnature Address F. DRB FEE: VALUATION 3. People who fail meet'ing and who republ i shed. to appear before the 0esign Review have'not asked for a Postponement Board at their scheduled will be required to be terephone vze4zrl at the time a building permit is requested' I.EE $ 10.00 $ 2s.oo $ 50.00 $1oo.oo .$200.00'$300.00 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO.THE DRB: 1. In addition to meeting submittal requiremrlnts, the-applicant must stake the site to indicate p*p.iiv"ii;;;"';;-;riiiing .orn""r. Trees that will be removed should also be marked. This work ruii'u"-iorpieted before the DRB visits the . site. ' 2. The review process for'NEll BUILDINGS will normally involve tl'Jo separate meetings of the Design ndri", bolrl,-so-piin on at least tivo meetings for their.approval. APPLICANT: terephone. Y7L- laVi APPLICANT'S REPRESENTATIVE :IVL-Hqzl Rep 6,t23 5-V lcsa te'rephone (ZLI37t/ /a, The fee will be Paid 10,000 $ 1o.ool $:.50,001 150,000$ .50o,ooo $1,ooo,ooo $1,oo0,ooo .'.\ .++ "!t: I::.'i'iil ..-F._F '||r """'i{t 4. The following ltems no longer have.to be pregented.!1.!!" Design Review Board' : They, however' n;v; [o ue prlslntea io-in:'ioning Administrator for approval: a. l,lindows, skYlights existing Plane of and simi'lar exterior changes that do not alter the the building; and b. Building addltlons that are not viewed nnicrr niu" had letters submitted from liie-iaaitton; and/or approval from the 'association- You may be required to conduct Natural Hazard Studies iii"t-i,iirt i torn Planner before proceeding' from any other lot or Public sPacer adjoining property owners approvln9-ii.nt t6r, or manager of a condominium ''j on your property. You should 5. . J. MATERIAL TO 8E SUBI'IITTED .:. I. NEl.l cotlsTRUCTIoll A. Topographic map and site plan of site containing the fol'lowing (2 copies): 1. Licensed surveYor's stanD. :'' Z. Criirtour interva'l s of not more than 2' unless the parcel consis": of more' in which case, 5' contour intenrals will be accepted' 3. Existjng trees or groups of trees having trunks with diameters of 4" one foot above grade. - -:.r'-+rE -lt ..- ' i.'^ " ' .,: bearings and a basis of bearing and spot elevations 4. Rock outcroppings and other significant natura'l features ('large boulders, intermittent streams, etc. ). .'5. Avalanchq areas, 100 year fiood plajn and slbpes 40% or more, if applicable. 6. Ties to existing benchmark, either USGS landmark or ser'rer invert. 7-. .Locations of the foilowing: -.-_q. Proposed surface drainage on and off site shorving size and type of cuiverts, swaies' etc. b. Exact locations of all utj'l jties to include existing.sources and,propcsed- service lines from sources to the structure. utilities to 'i nciude: cable TV . TeiePhone sewer gas water el ectri c c. Property lines showing distances and d. Proposed driveways with percent slope e. All easements 8.. Existing and finished grades. 9. A1 I existing and proposed improvements including structures,'landscaped areas' service areas, storage areaS, ,.i[i, driver'lays, off-street parking, loading areas, retaining-waiii tniitr'spot eievationsJ, and other site inprovements' 10. Elevations of top of roof ridges (with existing grade shown underneath) to deternine height of buiiding. B. A statement from each utility verifying location of service and availability' To be submitted with site Plan. preliminary tit'te report to accompany ali submittals, to insure property ownership - and al.'l-. ease4ents on propertyc. D. Landscape Plan (1" = 2Ol or larger) .- 2 copies . 1. Show the location of 4" diameter or,larger tre-es,'othef':!t'-!l:t!a:[fiiV:..qiants tt: are on the site and the location and deiign of proposed landscape areas t{lth the varieiies and approximate'iitli oi-plint materials to be planted' lr 2. Complete landscape materials 'list. 3. Designate trees to be saved and those to be lost' N0TE: As much of the above inforrnation as possible should occur on the site plan, so that the inter-relation of the various iomponents is clear. The landscape plan should be , j.pu"ti.. fni-eiisiing-'iopog"upnlc anO vegetational characteristics may be a seParate il;. The appiicant mu;t slaie ttre site to show lot lines and buiiding corners. Trees that will be iost during construct'ion must be tagged. The work should be completed before the t)RB site visit. A.rchitectural Plans (1/8" = 1' or larger) 2 copies i. Must inciude floor plans and al'l e'l evations as they,will'Eiuuoiionr must show both existing and finished grades. ?. Exterior surfacing materials and colors shall. be-specified and-subm'itted for rev.iew on'[ire-r.i"rials litt iriiiiuie-from the t)ebartment of conrnunity.Oevelo0- ment. coror-cirips, siding triii.i-.i.., should be presented at the 0esi9n Review Board meeting' \ F. The Zoninii Administrator and,/or DRB may require the-submission of additional plans' drar,rings, speiiiications, sampl.t inl other material (including a tgqtll if deerned necessary to aetermine whether a project rvill compty with design guideiines' I. NINOR ALTERATIOI'|S TO THE EXTERIOR OF BUILDIIIGS photos or sketches that c]early indicate what'is prooosed and the'location (iite plan) oi-p"opotui r.y 6l iuUtitt.O iir tieu of the more fornal require:nent: Slvgl above' as 'long as tney provide all important specifications for the propcsed including colors and materi ai s to be useil . !... ! =i.,.\'- appear on comPletion- t .a :i. ADOITIONS - RESIDENTIAL OR COI'IMERCIAL A. Original floor plans with ai1 specifications shovln 8. Floor plan for addition - 2 copies c.Siteplan.showingexistingandproposedconstruction.2copiestopos 0. E'levat'ions of addi t'i on E. Photos of existing structure F. Specifications for all materials and color samples on materiais list available at Deoartment of Cornmunity Deve'l opment At the request of the Design Re'rietl Administrator you may also be required to subm'i t: G. staternent from each utility verifying lo-cation of service and availability' See ittu.h"a utiiity location verification forrn' H. Site improvement survey, stamped by registered professional surveyor' I. Preliminary title report, verifying o|nersh'ip of property and ljsts of easenents' IV. FINAL SITE PLAN Afier a building permit has been issued, and when the project is underT'ray,, the fo'l lowing will be required before any buitding-ieieives a framing inspection from the Suilding O.patitunit A certified improvement survey shot'ting: A. Build'ing locations with ties to property corners, i.€'distances and angles' 8. Building dimensions to nearest tenth of foot' C. All utilitY service and exact locations. 'l jnes as-bui'l ts showing size of 'l ines, tyPe of material used, 2 copi es D. Drainage as-builts. 2 coPies E. Basis of bearing to tie to sectjon corner' F. All ProPerty Pins are G. Al 'l eas ements H. Building f'loor elevations and roof ridge elevations to be either found or.set and stated on maP' o' ttil:,.'5'![fii!!16-, iig:ll'fieltl'' The foilowing Board before A. BUILDIIIG information is required for submittal by a final aPProval can be fiven: iIATERIALS: TYPE OF MATERIAL thtr ippl icant to the Oesi9n Review COLOR Roof Sid'ino Other }lall Ma Fasci a Soffi ts }|i ndows t,lindorv Trim Doors 0oor Trim Hand or Deck Fl ues Rails F'lashi ngs Ch imneYs Trash Enclosures Greenhouses 0ther B. LANOSCAPING: Name PLANT I'TATERIALS: PROPOSED TREES of Designer: Phone: Botanical Name Common Name Quani tY for cohifers' . (over) EXISTII{G TREES TO BE REI'IOVED teri al s Size* *Indicate caliPer for deciducious trees. Indicate height Size -;:{ ' - . ''':'tn PLAI{T IIATE.iIALS: (con't) SHRUES Eotan'i eal Name Cormon llame EXISTING SHRUBS TO BE RE|'IOVED l,:lKuUrrU COVERS Tvoe (nrr: ro trnnf: ne <nn c. TYPE OF?hntn.Ttnill tltl l u|t I r vtt TYPE OR METHOD OF EROSIOII CONTROL oTHER LAN0SCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please specify. o ZOIIE CHECK FOR SFR, R, R P/S ZOITE OISTRICTS n,ttf'iiiii@ero.r Fi'l i ng- AOORESS: OI.INER ARCH I TECT PROPOSED USE LOT.SJZE Height TOTAI GRFA PrimarY GRFA SecondarY GRFA Setbacks: Front Sides Rear Water Course Site Coverage LandscaPi ng Fence/ Reta i ni ng 'dal I Heights Parki ng Credi ts: Garage Mechani cal Ai rl ock Storage Solar Heat Drive: SloPe Permitted Envi ronmenta I /Hazards : Al I or'red (30) (33) 20' 15' 15' (30)(50) Prooosed (3oo)(600) (soo)(1200) (so)(1oo) (2s)(so) (2oo)(4oo) Slope Actual Aval anche Flood Plain Sl ope l'letl ands Geol ogi c Phone Approved/Di saPProved Hazards Comments: Zoni ng: Date: . ,; r! UTILITT LOCATIC:: VEP,T:ICATIC:I SUBDTVISION J08 N.fiYE LOT BLOCK FILING ADDRESS The locacion of utilltles, whe[her they be roain trunk llnes or Proposed lines' Busr be approved and verified, by the following utilirles for che acconpanyinS sire plan. Mouncain Bell 468-6500 Wescern Slooe Gas Co. I 800 922-1987 Ilarry l{oYes Public Service ConPanY 949-578 i Gary tlall lloly Cross Electirc Assoc. 949-5892 Ted Husky/Michael LavertY llericage Cablevis j'on T.V. 94 9 -5530 GarY Johnson Upper Eagle Valley Wacer & Sanitacion Dis EricE 47 6-7 480 Fred llas lee NOTE: Author:,:eci S !znatute Dat e These verificarions do noc relieve Ehe conrl3,ccor of his responsibiliry !o obcain a streeE cuc permic froEl ghe Tor.rn o! ValI , DeParcreenc of Publlc Works and to obtain utilicy locacions before diggi:rg in any public rtgh:- of-way or easenenc in che Town of Vail. A builCine pernic is noc a screet cut Dermi!. A screec cuc perni! nusc be obca:.ned separarely' Thls foru ls to verlfy servlce availabiliry and locaclon. Thl's should be used in conjunctlon wirh preparing your ut1l1ty plan and schedullng lnscallaci.ons. a' rt(Please bring a slte plan when oblalning Upper Eag1e Valley Wacer & Sanitaclon slgnacures ) 4.uest f erior alteration in CCI in order to encloset. Va Rick Pylman showed the model and explained the modification to the proposal since it was presented to the PEC on September 23 and denied. Now the 2nd and 3rd floors were stepped back although the height was the same as the first proposal . Peterson mentioned that the height was below that which is a'l lowed in CCI although there was still some impact on sun,/shade and street enclosure. Pylman had a letter from Ron Riley supporting the addjtion. After more discussion, it was felt that most of the concerns had been answered. Viele moved and Schultz seconded to rove the r uest rth taff memo anuarv ]3. .|986 w cond i t on that the a t rtic te not remonstrate a ainst a rovement district and en one vote was 7-0 J5. Request for a condjtional use permit to expand the Potato Patch Restaurant by including condominium unit #44. Applicant: Campbell-Heilman. a general partnership. Kri stan Pritz explained the request and stated that with the addition, 4 more parking spaces would have to be provided. Peterson disagreed with the need for a letter of credit to cover the additional parking spaces. Pritz responded by stating that if the 4 additional panking spaces could be found be restripjng the 1ot, no letter of credit was needed. Donovan suggested setting a deadline for restriping. Pritz suggested that the restriping could be shown on a site plan and the restrip'ing done in the spning. Then if it is decided to build 4 more spaces, a letter of credit could be required wlth the temporary certificate of occupancy. She felt it was logical to have a time frame. 6.Reouest for sitv variance in orde convert stora into an o vee et at ace Con Tom Braun explained the request and reviewed the memo adding that the applicant must present a written agreement with the Town that this unit would remain an employee unit and the agreement be recorded with the Eagle County Clerk and Recorder. Peterson explained that the space was already jn the building, so no building was being added. Patten mentioned that this was the type of employee housing felt to be the most desirable: there was no expansion of the building and it was integrated with'in other housing, not segregated. Pam Hopkins wondered why enclosing a deck was considered a grant of special privilege, but that this was not. Braun answered that this was a benefit to the Town, and Patten responded that this was ex'i sting space that the communityfelt this type of use should be promoted. Hobbs restr favor Januar e vote was avor oDonovmoved and Schultz seconded tog rove the re he staff ano Crossroads and for setback sti n ecK area an add other est 7.Ar ue sf to amend vel t var ance s n order to enc I ose an ex ou 00r n1n at Bur er K] n A canE: Petersonaskedtotablethisitemagainto2/?4W:::::!;! i;"i;li; it.=-to zjz+rao. - rh" uot" t".7-0 in f"uot of ttbrtns' Kristan Pritz expla'ined the request emphasizing that the main reason to go through the testing oi-tttl-proiective matting ias to see where addjtjonal parking could be pl"."a'iir"speciat events such as the world cup. Ron phitlips, Town m"n"giil in*"i"a questioni. P'iper asked about the cost of the mattins, and phittipr'i.lponiLi-tilii-it-lost $,l7,000 for 9.|00 square feet, but did not know the."r;;;1i;;i;g;e instalation by the Town emplovees. He saidthatitwou.ldberemovedassoonastherewasinythaw,onoraboutMarch 'I . It would be open any time for anyone to use and intensive use would be encounaged for the test' Donovanwondered.ifthiswasthemostpracticalplaceasfarabusservicewas concernedandfeltthatl/2hourbus'"'ui."wasnotenoughduringnon.peak hours. She asked ii itre same buses would be used as are used for the golf course and Stan s"rrvi;n,-ai...io.-oi puutic t.lorks, replied that the same buses would be used. Donoiran isked how people-would get from the'l ot to Golden Peak' She fe.lt that p"opf"-nlria not wati< oi'r ifr" path once it thawed, but would walk ili"il,!'p"""r".i.'pniiiip,,.pti.o that rhe bike path could not be used because it has been torn up and ltrat ltre ]ot wou]dn't be used once the snow melts. Donovan replied tnat ii *ii rikely that the metal would hold heat' If the sod is damaged, it cannJt u"".!pi"l"a-"na used the same year_and it was important not to damage tne sumner business. She iiated that the Town must plan a 'l ong ffin;"p;;'ilig ii.iiii;' D;;;;il-ielt a first class resort must not resort to surface Park'ing. Phillips replied that this test was a use question-and the Council would examine the use trtitt.r'.'-pio"i ;i[qi ii tnere wou'ld be an analvsis of the use, numbers, etc. and pf,iiiipt riplied that there would bea fol'low up report on the effectiveness of the matling. Donovan.asked if we needed to put specific dates on the use, and n".-toii-il-nr".-irpo.r'i ble to use specific dates because use depended upon the ,""ir,"r. Donovan staiea that she would vote for the use this year, but may not for other Years' 8.Are est for a condi ional use Perml!tn order to ermi t 0 rar a protective ttinq on an ea 0'on e upperrn nch or cant: Town o Va Briner moved and Hopkins segq!-d e vote was -0 in favor. The meeting adjourned at 4:35 Pm' rove the use for this ski sea Profect Application fi*.u (! Project Name: Project Description: Contact Person and Phone lnniltii Owner. Address and Phone: Architect, Address and Phone: Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAL Summary: {,,J0., f,,li Town Planner X ,,"u Approval Prolect Application Proiect Name: Prolect Description: \L' Contact Person and Phone Owner, Address and Phone: Architect. Address and Phone: Legal Description: Lot Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAL Summary: , tiYll''f,,-'rn t, ,1 J ,. Town Planner I I t,r /c,. t'.I I t' .. Inarp. rf lt.,ri _.. Itrl Stalf Aoproval -LAnr.l iNG J. 4, 5, 6. I AND ENVIRONMENTAL COMMISSION Monday, August 31 , l98l 2:00 p.n, l. Approval of ninutes of July 27' l98I . 2, Appointment of nernber to DRB meetings for 3 nonths. Request for a minor subdivision of Lots H and I, Vail ViJ.lage 2nd Filing, Ipanenra Condominiums, in order to cornbine five feet of the westerly portion o-f Lot l{ to Lot I, pursuant to the agreement with the Fire District, and secondly to include nine feet of the southerly portion of Lot I, which was originally excluded by Vail Associatcs in 1971 and transferred to the Bank of Vail . This nine feet would be reinstated to Lot I as originally subdivided. Application in accordance with the Vail Municipal Code, Title 17, Subdivision Regulations. Applicant: Dayner Corporation N.V. Request for a density control variance in gross residential floor area jn accordance with Section 18.60.020 in order to build a sun room to lrllit 9, VaiL Sky High Condominiums at 2448 Garmisch Road, lots 4 + 5, Block G, Vail Das Schone, Filing No. 2, Applicants: Richard & Lauria Brewer. Request for a variance from the covered parking requirernent in Section 18'12.080 of -the Vail Municipal Code in order to build a secondary unit in accordance with Ordinance 22, Series of 1981 on lot 5, Block 6, Vail Intermountain Sub- division, 1933 Bellfl.ower. Applicants; i.*i6 .-.J .;-. ::-:-'"- Request for an exterior alteration and nodification to the Casino building to construct three condominiun units on the 2nd and 3rd floor, a small office on the 2nd floor and corunercial shops on the 1st floor at the southwest corner of Gore Creek Drive and Bridge Street. Applicant: Carlos Agostoni. 7. Request for an exterior alteration and rnodification to the Hill building to add a greenhouse, dining roorn addition and ncw bedroon loca.ted at 5ll Bridge Street. Applicant: Mrs. Cortlandt T. Hill. 8. Request for an amendrnent to the Vail Lionshead Urban Design Guidd Plan for Study Area #5, anrl an exterior alteration and rnodification to construct nevtr conm-ercial and office space located south of Vantage Point, north of Lift House Lodge and Lions piide buitdi.ng and northeast of Vail 21 Building. Applicant: Robert T. Lazier, August 26, 1981 TO: PLANNING AND ENVIRONMENTAL COMMISSION FROM: Department of Corununity Development/Peter Patten RE:Minor !qL{ivjSfplRequest for Ipanem r Corporation Background This is a request to inc1ude two strips of land which, accordingto previous transactions and agreements, belongs to the Ipanema Condo site. In 1971, Vail Associates sold to the lst Bank of Vail a strip of'land on the southerly portion of Lot I (presently where Ipanema 'is). This 10' strip is now being reinstated to Lot I from Tract B, Lionshead Second Fifing as per agreements between Daymer Corporation and Vail Associates and the bank. Secondly, a 5 foot strip of'landonthe eastern portion of the lot belongs to the fire station site, part of Lot H, Vail Village Second Filinq, and the.v have agreed to transfer this as part of a previous agreenrent. It seems that the part'ies involved al1 thought this resubdivjs'ion had been transferred when Ipanema was deveioped. However, no one had taken care of it then and it is now coming in for approval. The new lot will be cdlled Lot 1, a resubdiviljon of Loi'I andpart of Lot H and will contain 26,889 sq.ft. Rec ommendati on The Department of Community Development recommends approval of the resubdivision of Lot I and a part of Lot H with the fo1lowing conditions: 1. This resubdivision does not affect the buildable sguare footage (eRfR or units allowable) for the Ipanema site. 2. Information on the new lot square footages for the fire station site and the Bank site be subrnitted so that accuratelot figures are recorded. PUULTC NOl'rCr:I NOTICD IS llLR[BY GIVEN that the Planning and Envi.ronnrcntal Cornmission of the Town of Vail will hold a public hcaring in accordiirrcc with scction 18.(16.060 of the zoning codc of the Town of Vail on Arrgust 51, 1981 ltt 2:00 p.n. in the Town of Vail Council Chambers in the Vail Municipal Building. Public l{earing and Consideration of: Request for a ninor subdivision of lots H and I, Vail Village Second Filing, Ipanema Condominiums, iin order to conbile five feet of the westerly portion of lot H to Lot I, pursuant to the agreement with the Fire District, and secondly to include nine feet of the southerly portion of lot I, which was originalLy excluded by Vail Associates jn 1971 and transferred to the Bank of Vail. This nine feet would be reinstated to lot I as originally subdivided. Application in accordance with the Vail l4unicipal Code, Title 17, Subdivision Regulations. Applicant: Dayner Corporation N.V. Request for a density control variance in gross residential floor area in accordance with Section 18.60.020 in order to build a sun room to Unit 9, Vail Sky High Condoniniums at 2448 Garmisch Road, lots 4 6 5, Block G, Vail Das Schone, Filing No. 2. Applicants: Rj.chard Q Lauria Brewer. 3, Request for a variance fron the covered parking requirement in Section 18.12.080 of the Vail Irtunicipal Code in order to build a secondary rurit in accordance with Ordinance 22, Series of l98l on lot 5, block 6, Vail Internountain subdivision, 2953 Bellflower. Applicants: Craig and Jan l{ebb. 4. Request for an exterior alteration and nodification to the Casino building to construct three condoniniun units on the second and third floor, a snall office on the second floor and connercial shops on the first floor at the southwest comer of Gore Creek Drive and Bridge Street. Applicant: Carlos Agostoni. 5. Request for an exterior alteration and nodification to the Hill building to add a greenhouse, dining roon addition and new bedroon located at 311 Bridge Street. Applicant: Irtrs. Cortlandt T. Hill. 6, Request for an anendnent to the Vail Lionshead Urban Design Guide Plan for study area #5 and. an exterior alteration and modification to construct new connercial and office space located south of Vantage Point, north of Lift tanse Lodge and Lions Pride building and northeast of Vail 21 Building. Also a request for a conditional use pernit to al,low office space ;oa the third floor.. Applicant: Robert T. Lazier. -*e -applications and infomation relating to the proposed changes are availablein the Zoning Administratorrs office during regular business hours for reviewor inspection by the public. 'TOhtr.I OF VAIL DEPARTMENT OF CO}O,II'NITY DEVEL9PMENT A. ?ETER PATTEN, JR. Zoning Administrator I Published in the Vail Trail August 14, tggl l. 2. J-.{\-Jr-'\+ )J u-O1 '---X-+Ji \_) \----_< t-+ { (r-. -= to E CI .9o oEE.) 9 r..'E $EE E*sc.EE-o-. "i€R3E-E PLANNING AI,ID ENVIRONI'IENTAI COMMISSION August 31, 1981 PRESENT STAFF PRESET{T Gerry lfhite Roger Tilkeneier Dan Gorcoran Iluane Piper Jin Morgan COT'NCIL REPRESENTATIVE Ron Todd neeting was called to order at 2:00 p.n. by the chairman, Gerry White. l. Approval 9f ninutes of July 27, l98l . Dan corrected a stateurent he had rnade concerning the Hopkins item to read that he felt that the Town was gaining by [tr. Hopkins building enployee units. Roger Tilkeneier hadntt been lisied in "nem6er-s presentr': Dan noved and Jitrl seconded to aPprove the ninutes with those correltions. The vote was 5-0 in favor. 2.intnent of nenber to DRB neetings for 3 nronths- After discussi.on, Roger moved and Dan. seconded to appoint Duane to DRB for sept,Oct, and Novel$er. Dan voltmteered to take the next 3 nonths--December, January and February. the vote was 4-0, Duane abstaining. 3. .Be-gu-e.st.foT a-Tinor sub4ivi,siol of lots H 6 r, vail village znd Fiting, lpanena Condoniniums, Appt idant Peter Patten showed the site plan and explained that everyone thought that the Parties involved had taken care of the ninor subdivision before Ipanena vras constructed. Dan added that a condo nap would be filed this week that would show the correctlines. Jin Morgan noved and Roger seconded to approve the ninor subdivision request assubnitted in the neno with the restriction that no additional GRFA be added. The vote was 4-0 with Dan abstaining. 4. Request for a dengity control variance in gross residential floor area in ac- cordance with Section 18 High condorniniums at 2448 Garnisch Road, lots 4 q S, Block G, Vail Das Schone, iifingNo. 2. Applicants: Richard and Lauria Brewer. Peter Patten Peter Jamar Dick Ryan Larry Eskwith Betsy Rosolack The PEC -2- rL/81 Peter Patten gave the Sackground and listed corrections to the neno. The.y were that the lot size should be twice as large, or 20,908 sq ft. Dick Brewer introduced hirnself and his representative, Ray Storey. Ray explainedthe Brewersr position, stating that the developnent was now prirnarily for enployees, and rvere less expensive units--difficult to sel1 now because of financing. He addedthat the porch was already defined, and that it had 4 of the 6 surfaces, and that no nore space would be added, that the entrance would be irnproved. Discussion as to whether or not this wouLd be precedent setting followed. Gerry reminded then that cost or inconvenience is not considered a hardship. Jin Morgan noved and Dan seconded to deny the variance E3-it was stated in the memo dated August 24. 198L. The vote was 4-l to deny. Duane voted against denial . He feltthat the added GRFA was not adding bulk, nor was it a significant increase. Healso felt that a greenhousers transparency made it somewhat less bulky in aPpearance. 5. r. le.TT! Ior,:a,valign! e c6vered qarking ,requirenent i.n Section 18.12.080ot the vail Municipal code in order to build a secondary unit on lot 5, Block6, Vail Internountain Subdivision, 1933 Bellflower, Applicants: Craig and Jan Webb. Peter Jamar presented the nemo and reninded the conunissioners of the restrictionsof ordinance 22 of 1981, for lots under 1s,000. one restriction was that halfof the parking nust be covered to have a secondary unit. He added that one ofthe reasons for this criteria was aesthetic, but in looking at Bellflower Drive, he discovered that there were no garages at all. Therefore, the staff felt thatthe varianee should be granted, especially in light of the fact that the addedunit was already enclosed i.n the basement. The staff also felt that another strucrureon thg s.ite ltoul.d be rnore Cetrinental to the site than 2 additonal parki.::g spac€5., , would be, and that anulher employee unit was desirable. Duane noved and Roger seconded to approve the request for the parking variance'as stated in the staff rneno dated 8/24/Bl . The vote was 5-0 in favor. 7 ' Request for an exterior alteration and modi.fication to the Hill building to add a greenhouse, dining room addition and new bedroom located at 311 Bridge St.Applicant: Mrs. Cortlandt T.' Hifl. Dick Ryan stated that the bedroorn addition was being dropped, and so the request was- for the dining room and open greenhouse on1y. He exptained the memo andJack Curtin showed additional plans, 'Ihe addition of the green house only needed DRB approval , Roger rnoved to approve the request subject to the conditions inthe nemo., and as stated in the stiff meno aatia s/zq/ai. Duane seconded. Thevote was 5-0, unaninously i.n favor of the request 6, Request.for exterior alteration and modification to the Casino Building toconstruct 3 iondorniniurn u-n-if{ s D and E and a part of lots B, c and F, Block sc, Vail village First Filing. nppli-cants: Carlos Agostoni and James J. Sprowls. Peter Patten explained that the proposal was a conplete redevelopnent of the Casinobuilding. He presented the site plans and explaincd the floor plans. Gerry Mrrte read a letter from the condominiun association stating that the alley was conrnonproper!/ and that_to build thcre would require approval from them. 'l'hereforc, the r-Llcy proposal h'cs not to be considercd at this nrccting. Gerry ad4e<I tiratwhcn he went out to thc site, hc had not been told that thc building woultl bcextended 8 fcet on thc southwest corner. PEC -3- 8/sL/81 Dick Ryan stated that for the 2-I/2 offices, there had been much talk of and nuch talk of making the alleyway was a tremendous inprovement to the years that he had been in the Planning trying to improve this part of the Village a viable walkway. He felt that the Project Vil lage . Gordon Pierce, architect for the project, showed slides and talked about scheduling the construction. He stated that after Labor Day, the plan was to take out the trash, equipnent and partitions that werentt needed. He added that the contractor felt that he could meet the planned schedule. Discussion followed with concern expressed that the project not look half finished through lvinter, and naybe using a finish material on the exterior if work was stopped part way through. The northwest corner of the building was discussed, some menbers feeling that the building should not be extended out at that point. John Donovan also objected to the extension. Others felt that a srnall projection night be better than a flat wall in that area. Gordon spoke of lowering the alley 2 or 3 feet to make it lighter and airier, and possibly to have glass looking into Pistachio's restaurant. The proposal discussed at this point did not include the alley oi thu extension at the northwest corner of the building, and these two itens wete to be continued for 2 weeks, Dan moved and Roger seconded to approve the exterior alteration and nodification to the Casino Building as stated in the neno with two additional conditions: 1. That the fi.nished facade be cornpleted before Christmas or the applicant do a tleatinent siEiler to thc rrniinishcd,"commercial space ai the Gondola building. 2, That the applicant agrees to participate financial ly in street inprovements, e.g. street pavers, street lights, at the intersection of Gore Creek Drive and Bridge StTeet i.f a mini.irnprovenent district is formed. The applicantsr share would be deternined by street frontage of property and other property owners would also have to agree to participate. The vote was 5-0 in favor. The deck area office expansion was continued until the next PEC rneeti.ng. 8. Request for an anendment to the Vail Lionshead Urban Design Guide Plan for Stud connercial and office space located wouth of Vantage Point, north of Lift House Lodge and Lions Pride building and northeast of VaiI 21 building. Applicant: Robert T. Lazier. Dick Ryan presented the meno and stated that this was a significant proposal for Vail . He added that the Urban Design Guide Plan discusses including rnore cornmon spaceand encourages a new entry concept into the mall fron the east, and this proposal fulfills sorne major objectives of the UDGP and was an improvement to the comnunity. Much discussion about parking followed. Gerry felt that parking was a najor issue in this proposal, and that the loss of parking did not justify the ProPosal . Dick felt that this was the purpose of the ll00 space parking structure, th.!t it rras, planned knowing thcre would be more dcmand later, Gerry predicted that the parking structure was not going to be big enough, and sootret or later more parking was going to be needed. ul o PEc -4- 8/3t/8r Bill Ruoff showed plans and a model . Dick added that the staffrs biggest concern nas that Lionshead becone tnore successful , and that sonething significant needed to be done there. Jay Peterson stated that every project included a cornpromise. He added that they couldnrt nake a good entrance and solve Vailrs parking problen. Lionshead has difficulty in this area, needs comnercial space here, and that the parking problen wouldntt be worsened, he felt, Gerry felt that one problen would be solved while creating another with the parking. Dick felt that they didnrt want to see parking used by peopl.e who cone to the commercial area, that these people should be parking in the parking structure and that this wourd also reduce congestion. Dan stated that both parking structures were designed for expansion later, Dinah Chapman, president of the Lionshead Assoiiation of Businesses stated that in Jtme Bill Ruoff had presented his plan to about 30 members of the association, and that parking was nentioned, and no cornplaints were received. She added that with the Present situation, the alley was usually blocked and parking illegally used, The people at this rneeting r{rere ecstatic over the proposal. Gerry felt that the Lionshead parking structure would soon be too crowded to park there. Roger suggested that the other rnenbers voice their oPinions. Duane said that he was in favor of the proposal , Dan said that he was also in favor, Jim felt that it was a vast improvement to the situation there, and Roger stated that he had been working in Lionshead for the past 6 years, trying to'breathe sone life into the comnercial aspect, and that this appears to address the nost serious problem and recornmended approval , He added that when the parking probl. em becones nore serious, the planning conrnission would address it and solve it at that tine. Jim moved and Roger seconded to recorunend approval of the amendment to the Urban Design Guide Plan to the Town Council. The vote was 4=l in favor (Gerry against) Duane noved and Jin seconded for approval of the exterior alteration and nodi- fication of the proposal dated August 26, 1981 with the 6 conditions listed in the meno. The vote was 5-0 in favor. Roger noved to adjourn.at 5:15 p.n. Date June 28, 1981 APPLICATION FORM FOR A SUBDIVISION REQUEST A.Nane of Applicant Palmer Corporation N.V. Add.",, :1"n1"{.,r'rl:l: hone--az6=32a2 B.Name of Applicantrs Representative ilav K. Peterson Address Same as above Phone Satne as above c. D. Authorizati Signature Address Location of Lot I of Property Onner K." Peterson, Attorney--Fact Phoneas above Same as above Proposal Block NA Filing VaiJ Villaqe Second Filinq Jay Same E. Fee $f00 F. Tlpe of Subdivision: (check one) Major (involving nore than 4 lots) X Minor (involving 4 or fewer lots) Duplex (splitting a duplex structure andlor lot) G. Procedures for major and ninor subdivisions are as defined in the Town of Vail Subdivision Regulations on pages 9 through 20. Duplex subdivision requires the same infornation as a minor subdivision with the requirement that the following statement rnust appear on the plat before receiving Town of Vail approval : For zoning or other land-use regulations of the Town of Vail, the two parcels created by this subdivision are deened to be one lot. No nore than one two-family residence shall be allowed on the combined areas of the two parcels. Allowable Gross Residential Floor Area (GRFA) for the two-fanily residence shall be calculated using the conbined area of the two parcels. Time Requiretnents: l,{ajor and ninor subdivisions rnust be approved by the Planning and Environnental Cournission. The PEC neets on the 2nd and 4th Mondays of each month. An application with the necessary acconpanying naterial must be subnitted four (4) weeks prior to the date of the meeting. H. I. J. v ADDENDT'M TO APPLICATION FORM FOR A SUBDIVISION REQUEST The purpose of this application is to combj.ne five feetof the westerly portion of Lot H, Vail- Village Second Filing, toLot I, vail village Second Filing, pursuant to the agreement with the Fire District when Lot I roas purchased from themr il The second purpose of the Application is to dnclude nlnefeet of the eoutherly portion of Lot I, which was originally excluded by Vail Associates in 1971 and transferred to the Bank of Vail . This nine feet would be reinstated to Lot I as originaLLy subdivjded. JKP 2. .'., *--g.'; _ I- Town Council Cormun'i ty Devel opment Departrent ),- To: From: . Subject: Date: Request to Plant 13 Spruce Trees jn Between the'Headow Vail Place Building and the Vail Fjre l)epartnent September 10, 1985 The lleado* Vail Place Condominium Association is requesting permission from the Toln Council to plant 13 spruce trees in the strip of 'land located between the Meadow Vail Place Building and the Vail Fire Departnent. The Proposal includes 10 ten foot spruce trees, 2 twelve foot spruce trees and l nrine foot spruce tree. Meadow Vai:l Place has agreed to maintain the trees. The proposal ,has been reviewed by the F'ire Department as well as Howard Gollnick. The Fjre Department was pleased with the proposal as they have tried to include landscap'ing for this area in their budget each year. Unfortunately, the landscaping has been cut from the budget each time. Howard Gollnick stated that his onl.y requirerent 'is that they put in adequate soil and rernove the existinS gravel . Staff is reconmending approval of the request. Even though the condominium association is not requesting to construct any structures in the area, stafffelt that it was important to rnke sure that the Council had no problems with landscaping be'ing added to Town of Vail land. Staff feels that it will be a positive improvement to the area. lorn 75.outh lronitgc rodnll' color.do 81657 (803) 4?ero00 August 22, lggs Ron Byrne and Associates Real EstateUnit 8 Ipanema Condominiuns 44 t{est tleadow DriveVail, Colorado 8lGE7 Re: lbme Occupation, Unit g, Ipanema Condominitrns Dear Ron: Your application for a home occupation permit at the aboveunit. has been approveo uv oui-iiFii.-is'p"r vour submittarThank you for ybirr prompi "iiponsi'io1ry' ".qr"st.Sincerely, 4-/7 /' /AADcryo Thomas A. Braun / Town Planner TA8: bpr Enclosures oltlo. of ommunlly rburloprnurl refemed statement. I AgPLTCAJTON FoR HOME 0CCUPATToN (Required as per Section .|8.58..l30. This is supplemental form to bus.iness I icense appl ication, ) NME PHONE INCLUDE THE FOLLO}JING, SPECIF.,ICS:t. f.ui-!@d-iature of the busjness.Z. Number of empioyees3. Hours of operat'ion4. Equipment/machinery to be used5. Anticipated number of customers, clients or students6. Anticipated number nunber of vehicle trips generai"O to and from the businesslocation on a daily and weekly basis7, Parking proviiions8. Approval of condominium or townhouse association if appricable. (Please attach-statements on separate sheet to this form along with thefor business I icense. ) /. APPL ICATIOII-fS:t. -<'L1 APPROVED Conditions of approval /reasons *,,,W "t ,#"/,/,n NAME 0F BUSINESS1. kL,! Eia*z- .7:-a- ,4s"e,4/Z___ZaE44 {s'/)//L L9CATIlN: r2x' 7 A ,t ?zt,'ttrx,A- 0F CONTACT PERS}N: ,Qa^t Bya:v€- a7q /3 {7 t, t)-j,{.- a4ot-- lP P L.r c.A.[T' ss tAtgM ENI. I ULW OF THE HOME OCCUPATION: PLEASE DENIED ,,lill /lfor denjal: 4q.z-auL lllecz- 6/uchst0 \ \FEE $50.00 / pd, - .\_1i,.\ ql " DATE ' n ' A/lIr \ .l\ lI \ tl <u ,. r, \ -' t r, ..,,^_ _Z*irg Adriri.tr.t.t DESCRIPTTON OF HOME OCCUPATTON 1.The nature of my busj-ness is specialty brokerage of realestate-. I represent the three owners in Ipanema Condomin-iums that have their property listed with ine; Unit 2, JohnHamilton and Units 1 and 9, iommy Goff. I also have t$roolher properties I am involved in as a partner. The ownersof the rpanema units, Goff 1 & 9, Beckham unit 5 and Hamirtonunit 2, have me look after their property, receive shipmentsand assist them. r also presently manage rpanema condominiumAssociation and have for the past year.- l,toit of my tirne isdevoted to the management and salei of rpanema condominiumunits. I have no employees other than my wj-fe, paula Byrne, whoworks as my Associale Secretary. The hours of our operatj-on are Monday through Friday, 9-5 onry. The only equiprnent we use is a Lisa computer and typewriteras well as a telephone. The anticipated number of clients is less than l-2 per week 9y" t9 the special-ty nature and price of the units i have,listed over g1,00O,OOO in price. The anticipated number of vehicle trips generated to andfrom the business on a weekly basis il fess than 3-5 andmost of the time it would be my leaving to meet a clientfor either a general- showing or lunch meeting. The surface parking ard guest parking is adequate as we donot intend to have clients ovei. We only us6 our homeoffice to receive phone carts or handle lccounting and birring. Jay Peterson has previously managed the Association as werlas drawn up Association documenti and checked for condominiumapproval , which is allowed. 2. 3. 4. 6. 7. 8. t 75 south fronlage road vall, colorado 81657 (303) 476-7000 August I, 1985 ofllce ol communlty development CERTIFIED Mr. Ron Byrne Ron Byrne and Associates Rea1 Estate 44 l.Jest Meadow DriveVail, Colorado 81657 Dear Ron: Based on literature distributed from your office as well as ads in localnewspapers' it appears that you are operating your real estate office outgt,lle-Ipglsna Lodge. The zone district for this project is High DensityMuttl-Famity and does not allow for the operation of professionil officeigller.than a.support office for the operat'ion of the broject itself. Atthis time' the operation of this real estate office ii ii vio'lation ofthe zoning code and I am requesting you to cease operation of this business.Any additional evidence that we may be aware of thit would indicate acontinuance of this operation will-result in further action by the Town. Thank you for your anticipated cooperation. please do not hesitate tocall with any questions you may have concerning this matter. Thomas A. Braun Town Planner TAB:'bpr I tOT 4, DTOCK 6, BIGIIORN SIIBDIVISION 5TEADDITION. LOCATED IN EAST VAIL ON MEADOW DRIVE 'T EXCELLENT VIEWS* LEVEL BUILDING SITE - GOOD SOILSI BUILD OVER 5,OOO SQ. FT. OF LIVINC ANEAr PRIME NEIGHBORHOODI' OVER 1/Z ACRE OF LAND PEICE $T59,OOO LOT BO, GIEN LYON SITBDIVISION LOCATED ON GRBENHILL COURT * .62 ACNES OF PRIMARY/SECONDARY* LOT BACKS UP TO NATIONAL FOREST LAND* 200 YARDS FROM (ANDY'S) PROPOSED LIFT* EXCELLENT VIEWS PErCE Srs6,ooo \ .- RoN TJYRNE&A550ftATE5 REAL ESTATE 44 WESI MEAOC)W OFIVEvarL, coLoRAoo s,t6s7 ..y 3o3/a76''t387 vrLLAcE 'ENTER LocArroN AND ur"#flttlnrN I'NIT 3E. BUILDING B * FABI'LOUS VIEWS OF VAIL VILLAGE, GOLD PEAK AND A SUPERB VIEW O!'VAIL'S SKI SLOPES T ZBEDROOM,ZBATII* sHows BEAUTIFULLY (NON-RENTAL CONDOMINIITM)* LARGE BALCONY OVERLOOKING GONE CNEEK* FURNISHED PEICE $366,000 BEAUTIFULLY REMODETED CONDOMINIUM IN vAIt vILLAGE . . . UNIT 251 VILLA CORTINA * COMPLETELY REMODELED CONDOMINIUM WITII ALL NEW KITCI{EN, BATHS, FIXTURES, APPLIANCES AND DECORI' HIGH-QUALITY CARPETINE AND OAK TRIM THROUGHT* EXCELLENT VIE1IS DIRECTLY DOWN GORE CREEK* CLOSE WALKING DISTANCE TO VAIL VILLAGE AND TIIE NEW VISTA BAHN LIFT .PETCE gS4dooo Easv to show! our office is in vail.villagg in the lobby of Ipanemacondominiums (jqs3ye-sr of tne rirJ-sdiiffij.- pt;;; *;jider{*;"" lit u. niiiri i " ffiH y o u. rhanr. ", n orlp Jiio|po:' o1 ir MEI4ORANDUM Conditional Use pursuant to Section 18.20.030 of the Municipal Code of the Town of VaiL, timeshare estate units, fractional fee units and timeshare license units are aLlowed as a conditionaL use in the high-density, nulti-farnily zone. Purpose of the Conditional Use: Because of special characteristics, conditional uses require speciat revirew and evaluation so that they may be located properly with resPect to their effects on surrounding properties. The revievt Process is intended to assure compatability and harmonious development between conditional uses' the surrounding properties and the Town at J-arge. Uses listed as conditional uses in the various dj-stricts may be permitted subject to such conditions and linitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional uee permits shall be denied. Criteria:--- f . ielationship agd itpgc!--s!-!b9 ..-e an.t developmeft objecti.,'es. of the rnown. rL would appear from staff comments and Town Council comments tha . One of the complaints of Conmercial Core II is asaconsequence, avery the low occupancy of existing facilities and, low activity levdl. Thqoreticall-yl the project 1S ,,.t1t_-".1dgd (nine condominium units with nine separate oqrners) Could be occupied 100t of the tine and therefore would satisfy 4.-To!tq objective of,.a .high -oc_cupancy level--.Ipanema, -19.-"|-"n491'"1gI=l9i9"t.,.w.o-u1d-theref:9r.qdiffer1itt19$+tt.tne.- prJlqo-sed t i-qes!g1e= .prg j_ec!.. rqo-rq 4 practical standpoilq :gLd- lt : in the Lionshead area and other areas of the Town, €a.a::1:--:ll3::'tri, aO::.^-:-- - - -S;: l€i- -i -': i.- ' -. A--project, ::- s;:::: -:-:::.-- ::.1':a:--]::. l:.= re'.-::"' ':::::::. - -': ''' :'.:1 :a -':: ::: ' ln all likeLihcjod,-will occupy it for the period of time which he has a::: i-:::.::=--r...3t9=th-3T=T'9yt] qbJeccl:aJF:ri." lo,Promot-e v3-l=1'-ng.,l"y. are-as and to brinq new people to VaiI. 5* -- ^Fa- rs -i arrr. .^-r-, -:.--.e^- J-. #:..8-.Xl-!'sr^=tlt"1rP..{'e. t&,{9y€i8*{r.9.1.?'1!.. P99pl9 p-e5.r cg8dg3*l-ium unit' f*S53 gEv.=3:..38= l"uFr9:93f -r.'.',93ti89"9],?. PEI"9,old.9Fi'rlPll,,|B*t' Etavile at yqrigus times of the year. Experience has shown that-o€ii e3, from people'who have come to Vail C:: --e:- :.: and experiEnE6dfFhat Vail has to offer. For a person Cou:rci. e.:---.:,:-.ts tltat i,:; ( i- .)acuii6:rci- ::-:c f ':l ^ u:'::-::unit and to maintain such condominium unit 5 ln the Town of Vail is diminishing. Il People who used to be able to afford real estate j.n the Town will once again be able to do so. The financial and real estate rnarket would appear to indicate that times are changing from the past decade and that Timesharing, while not a universal cure-all, would certainly appear to be one of those avenues. Another Town objective is not to diminish the guaLity of experience which Vail has been so proud of in the past. Two years ago, when the timehsare ordinances were passed, there Lras a great deal of'conqern that a potential timeshare investor was not the type of person that we wanted in the Town of Vail-. Experience has not shown thisassumptiontobecorrectand,onthecontraryrilr I Another objective of to ensure that existing structures Town of Vail is to find a way well maintained and kePt to the are the high standards of Vail. flfllr;rl . The higher occupancy oflf and the and it is f the property. Experience has shown that buildings with lower occuPancy higher number of owners fl-I also 3. levels experience problens in providing these services because the owners of such condominiums only see the building of which they are a part a very short time each year. Withl4l;|IFllr in several it is not hard to understand why the properties are starting to deterLorate and why the -f. 2. Affect of the use on light and hir, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities ard othe. publ@ facil-ities needs. There will be no effect on light and air inasmuch as the structure is already completed. Timesharing will also have no effect.on schools inasmuch as each owner only occupies the unit for a short period of time. Timesharing wiII, however, have an impact on transportation faciLities, parks and recreation facilities and other public facilities, as there will be l-howeverr- obviously use the golf course and tennis courts in the surnmer and the ski facilities'in the winter time. In al-1 likelihood they will also take advantage Of the free public transportation. - however, 4. 3. Effect upon traffic, with particular reference to coniestion, automotive and pedestrian safetv and convenience, traffic flow and control , access maneuverability and removal of snow from the streets and parking areas. Timesharingl I because of located at the beginning of a dead-end street however, Ipanema is and therefore I All major sports facilities, except for within walking distance of the timeshare should be little effect upon traffic or the golf course, are located units and therefore there traffic congestion. --T areas is no different than with a heated drivewaY and heated pedestrian paths to the building. , Removal of snow from the service parking if it ldere a straight condominium project. 4. Effect upon the charaiter o{ the area in which the proposqd use is to be located, including the scal-e and bulk of the proposed use in relation to the surrounding uses. The scale and bul-k of the building will obviously not change and a proposed use is compatitle wtth the area. -- is located to the north of the property, with people using such facilities on a dail-y and weekl-y or monthly basis' which would To the east of the property is which are also usedonaweeklytypebasis.Tothewestandsoutharetfr 5. 5. such are the factors and criteria as the comrnission deems applicable to the proposed use. which in the future will, in a1l likeJ_ihood, basis. 6. No environmental impact 18. 56. I' 7. The current owner of the not be used on a fuIl-time repoft, is required by Chapter building is the applicant and there ar .tKP 6. GORE CREEK BYLAWS OF CONDOMINIUM ASSOCIATION ARTICLE I Offices (the "Association") 108 South Frontage Road West, Vail, Colorado 81557. within and outside the State of Colorado as the Board of Directors may from time to time determine. I. Purpose. The purpose for which this non-profit corporation, which is herein referred to as the Association, is formed is to govern the Condominium property situated in the county of Eagle, State of Colorado, which is knorvn as the II e in Vail, Colorado, and whj.ch property is to the provisions of the Condominium ownership Act of Colorado by recorded Condominium and Interval Estate to be submitted the State of Ownership Declaration. 2. Definitions. The followinq terms shall have the sErme meaning herein as such terms have in the Condominium and Interval Estate ownership Declaration for the Gore creek club condominiums: ttAllocable Share," "Aggregate Interest," "Common Facilitiesr" "Comnon Propertyr " "Condominium project, " "Condominium Unitr,' "Declarant, " "Declaration, " "Entire Premises, rr "General Common Elements, " "Limited Common Elementsr " "Maj-ntenance Feer" "Special Assessments r " and "Per Diem Fee. tt t'Management Agreement" shall mean the agreement between the Association and a management firm pursuant to which the Board of Directors of the Association may delegate certain of its obligations under the Declaration and these Bylaws and thenl- im6r.,*uc$: obtt 3.AII present or future owners. tenants, or other persons that might use in any manner the facilities located on the Condominium Property are subject to the regulations set forth in these Bylaws. The mere acquisition or rental of any of the unit weeks of the Condominium Project, or the mere act of occupancy of any of said units witl signify that these Bylaws are accepted, ratified and will be complied with. ARTICLE III Membership, Voting, Quorum and Proxies 1. Membership. The members of the Association shall be as set forth in the Articles of Incorporation from time to time. 2. 2. Voting Rights. The voting riqhts of the members shall be as set forth in the Articles of Incorporation and in these Bylaws from time to time. 3. Quorum. ExcePt as otherwise provided in these Bylaws' the presence in person or by proxy of members entitled to vote more rr-ofthetota1votesofthemembersshaI1constitute a quorum. 4.Proxies. Votes may be cast in person or by Proxy- Every proxy must be executed in writing by the member or his duly authorized authorized attorney-in-fact. No proxy shall be valid after the expiration of eleven months from the date of its execution unless otherwise provided in the Proxy. 5. Majority Vote. At any meeting of members, if a guorum is present, the affirmative vote of more than 50 percent of the votes represented at the rneeting, in person or by proxy, shal1 be the act of the members, unless the vote of a greater number is required by law' the Articles of Incorporation, the Condominium Declaration (the "Declaration") establishing the Condominium Project at Gore Creek Club Condominiums (the "Premises"), of, these Bylaws. 6. Management Firm. The Management Firm, as long as Lhe I"lanagement Agreement remains in effect, shal1 be enti-tled to notice of all Association meetings and shal1 be entitled to attend the Association meetings and it may designate such person(s) as it desires to attend such meetings on its behalf. 3. ARTICLE IV Administration 1. Annual Meeting. The shal-l be held at a time designated third Saturday in the month of annual meeting of the members bv the Board of Directors on the , beginning with the year 198_, for the purpose of electing directors and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shalI be a 1egal holiday in Colorado, such meeting shal1 be held on the next succeeding business day. 2. Special Meetings. Special meetings of the members' for any purpose, unless otherwise prescribed by statute, may be called by the President or by the Board of Directors, and shall- be called by the President at the request of the members entitled to vote 25 percent or more of the total votes of the members. 3. Place of Meeting. The Board of Directors may designate any place, either within or outside Colorado, as the place for any annual meeting or for any special meeting called by the Board of Directors. A waiver of notice signed by all members entitled to vote at a meeting may designate any p1ace, either within or outside Colorado, as the place for such meeting. If no designation is rnade, or if a special meeting shall be called otherwise than by the Board, the place of rneeting shall be the principal office of the corporation in Colorado. 4. 4. Notice of l4eeting. Written or printed notice of any meeting of the nembers, stating the place, day and hour of the meeting, and the purpose or purposes for which the meeting is called, shall be delivered personally or by mail to each member entitled to vote at such meeting no! less than 10 nor more than 50 days before the date of the meeting. If maj-1ed, such notice shall be deemed to be delivered when deposited in the Uni-ted States mail, addressed to the member at his address as it appears in the office of the Association, with postage thereon prepaid. For the purpose of deter- rnining members entitled to notice of or to vote at any meetinq of members, the Board of Directors may set a record date for such determination of members, in accordance with the laws of Colorado. If requested by the person or persons lawfully catling such meetings' the Secretary shall give notice thereof at corporate exPense. 5. Informal Action by Members. Any action reguired or permitted to be taken at a meeting of the members may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof. Such consent shall have the Same force and effect as a unanimous vote of the members, and may be stated as such in any articles or document filed with the Secretary of State of Colorado. 5. Voting. In Lhe election of directors, each member shaLl have the riqht to vote the number of votes to which he is 5. entitled for as many persons as there are directors to be elected, and for \.rhose election he is entitled to vote. Cumulative votinq shalL not be allowed. ARTICLE V Board of Directors t.Number. Tenure and Qualifications. ffi ilifidt:]r Jffi]& b6r.**rrageo .sl*r.ffi Wilro5#ri/il*s6h,.J*f *lm:.rlwl't fi|t1{ttrllllll} ;6f;', ott*oor, etGci|Etisr .s"ill$Itllf shareholder of an organizational member, one of the i-nitial directors named in the Artic1es of fncorporation, or a person designated by Declarant (as defined in the Declaration). A oerson other than an initiai. director or a director designated by Declarant shall auto- rnat.ically cease to be a director at such time as he ceases to be an individual member or a partner, trustee, officer, director or 25 percent shareholder of an organizational member. The intial directors shall serve until the first annual meeting; otherwise directors shall be elected annually by the members at the annual meeting. Each direqtor sha}l hold office until the electj-on and qualification of his successor. All directors shall be elected by a majority vote of the members entitled to vote at a meetinq at which directors are to be elected. 2. Resignatione; Vacancies. Any director may resign at any time by giving written notice to the President or the secretary A of the Association. such resignation shalr take effect at any time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any vacancy occurring in the Board of Directors (by reason of resignation, death, or an increase in the number of directors) may be fi11ed by the affirmati_ve vote of a majority of the directors, or of the entire Board in the case of an increase in the number of directors, then in oifice though less than a quorum. A director elected to fill a vacancy shal1 be elected to serve until the next annual meeting of the mernbers. 3. General Powers. The Board of Directors shall have and may exercise all the powers of the Association except such as are expressly conferred upon the members, either in their capacity as members of the Association or as owners ( "Owners") of timeshare units (the 'rUnits") Iocated on the Premises, by law, or by the Articles of Incorporation, the Declaration or these Bylaws. 4. Additional Powers and Responsibilities. In addition to i ts general powers, *,FnitmF*t,Of"' Dl 1'|e&'Crs' lJlti$SififfE Lllii?t' actffiq"4hffi Cffi (a) To administer and enforce the covenants, conditions, restrictions. easements, uses, limi-tations, obligations and all other provisions set forth in the Declaration submitting the property to the provisions of the Condominium Ownership Act of the State of Colorado. with such operation, (b) To establish, reasonable house rules use and occupancy of make, amend and enforce as may be necessary for the Premises. compliance the (d) To obtain and maintain insurance in connection with the Premises, the Owners, the Association and holders of li.ens on Units in the manner and the amounts provided in the Declaration. (e) To fix, determine, Ievy and collect annual and special assessments to be paid by each of the Owners to meet the conmon exPenses as defined in the Declaration, and to create a contingency reserve therefor, all as specifically provided for in paragraph 8 of the Declarat,ion. (f) To collect promptty aIl- delinguent assessments suit or otherwise and to enjoin or seek damages from an Owners is provided in the Declaration and these Bylaws. (S) To protect and defend the Premises from loss and damage by suit or otherwise. (h) To borrow funds in order to pay for any expenditure or outlay authorized by these Bylaws and the Declaration, to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary or advj-sable. by as 8. (i) To enter i-nto contracts within the scope of their duties and powers. (j) To establish a bank account for the common treasury and for aI1 separate funds which are required or may be deemed advisable bv the Board of Directors. (k) To maintain ful-] and accurate books and records showing all of the receipts, expenses or disbursements of the Association. Any member or his first lienor, as defined in the Declaration may inspect such records at any reasonable time and, upon ten daysr notice to the managing agent or Board of Directors and payment of a reasonable feer dDy member, first lienor or prospective member or first lienor shall be furnished a statement of such present membersr accounts setting forth the amount of any unpaid assessments or other charges due and owing from such present members. (1) To PrePare and a statement showing all receipts, the last such statement. deliver annually to each member expenses or disbursements since (n) To take any action or enter into any agreement that may be required as a condition to a1low any first 1j-enor to selI his interest in any Unit to the Federal Home Loan Mortgage Corlloration (FHIrlC), rhich shall inclu.le hut not be linlte4 to giYillg $rritten notice to FHLMC of any loss to, or taking af, general or linited common elements if such loss or taking exceeds $l-0,000 or damage to a Unit covered by q mort.gage or deed of trust purchased in 9. whole or in part by FHLMC exceeds 91,00.0, Eent in care of the party servicing such Such notice shall be mortgage or deed of trust. 5. Management Firm. 6. Regular Mgetings. Regular meetings of the Board of Directors may be held without call or formal notice at such places r^rithin the State of Colorado, and at such times as the Board may from time to time by vote determine. Any business may be transacted at a regular meeting. Until further determination, the regular meeting of the Board of Directors for the election of officers and for such other business as may come before the meeting may be held without call or formal notice immediately after, at the sanne place as the annual meeting of members, or any special meeting of members at which a Board of Directors is elected. 7. Special l,leetings. Special meetings of the Board of Directors may be held at any place within Colorado at any time when called by the President, or by two or more directors, at least three days' prior notice of the time and place thereof being given to each director by leaving such notice with him or at his residence or usual place of business, or by mailing or telegraphing it prepaid' and addressed to hirn at his post office address as it appears on the books of the Association, or by telephone. Notices need not state the purposes of the meet,ing. No notice of any adjourned meeting of the directors shall be required. 10. 8. Quorum. A majority of the number of directors fixed by the Bylaws shall constitute a quorum for the transaction of business, but a lesser number may adjourn any meeting from time to time. When a quorum i-s present at any meeting, a majority of the directors in attendance shall, except where a larger nrxnber j_s required by law by the Articles of Incorporation or by these Bylaws, decide any question brought before such meeting. 9. Waiver of Notice. Before,at or after any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed eguivalent to the giving of such notice. Attendance by a director at any meeting of the Board shal1 be a waiver of notice by him except when a director attends the meeting for the express purpose of objecting to the transaction of business because the meeting is not lawfully called or convened. L0. Meetings by Telephone. Unless otherwise provided by the Articles of Incorporation, members of the Board of Directors or any corunittee thereof may participate in a meeting of the Board or conmittee by means of conference telephone or simil-ar communications equipment by which al1 persons participating in the meeting can hear each other at the same time. Such participation sha11 constitute presence in person at the meeting. 11i Informal- Action by Directors. Any action required or permitted to be taken at a meeting of the directors may be taken 11. without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote of the directors. J-2. Notice to Management Firm.. '; i$ho"fi&ltre .,'gbl|ii*a;.ji4 ll meetings and it may designate such person(s) as it desires to attend such meetings. ARTICLE VI Officers and Agents l. General. The officers of the Association sha1l be a President (who shal1 be chosen from the mernbers of the Board of Directors), one or more Vice Presidents, a Secretary and a Treasurer. The Board of Directors may appoint such other offi.cers, assistant officers, committees and agents, including Assistant Secretaries and Assistant Treasurers as they may consider necessary or advisable, who shall be chosen in such manner and hold their offices for such terms and have such authority and duties as from, time to time may be determined by the Board of Directors. One person may hold any two offices, except that no person may simultaneously hold the offices of President and Secretary. In all cases where the duties of any officer, agent or employee are not prescribed by the Bylaws or by the Board of Directors, such officer, agent or employee shall fo1low the orders and instructions of the President. t2. 2. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or $rithout cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for that purpose. ? occurring, froY portion of the Vacancies. be filled by term. vacancy in any office, however the Board of Directors for the unexpired 4. President. The President shal1 be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shal1 have the general and active control of the affairs and business of the Association and general supervision of its officers, agents and emPloyees. 5. Vice Presidents. The Vice Presidents shall assist the President and shall perform such duties as may be assigned to them by the President or by the Board of Directors. In the absence of the President, the Vice President designated by the Board of Directors or (if there be no such designation) designated in writing by the Presj.dent sha1l have the powers and perform the duties of the President. If no such designation sha1l be made, each and every Vice President may exercise such powers and Perform such duties. The Secretary shaI1:6. The Secretary. 13. (a) Keep executive committee and (b) see with the provisions of by J-aw. the minutes of the proceedings of the members, the Board of Directors. that all notices are duly given in accordance these Bylaws, the Declaration and as reguired (c) Be custodian of the corporate records and of the seal of the Association and affix the seal to aII documents when authorized by the Board of Directors. (d) Keep at its registered office or principal place of business within or outside Colorado a record containing the names and registered addresses of all members, the designation of the Unit owned by each member and, if such Unit is encumbered by a mortgage of a deed of trust, the name and address of the party who holds the pronissory note secured by such mortgage or deed of trust. (e) In general, perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Assistant Secretaries, if any, shall have the same duties and powers subject to supervi.sion by the Secretary. 7. Treasurer. The Treasurer sha1l be the principal financial officer of the Association and shall custody of all funds, securities, evidences of personal property of the Association and shall accordance with the instructions of the Board have the care and indebtedness and other deposit the same in of Directors. He shal1 L4. receive and give receipts and acquittances for monies paid in on account of the Association, and shall pay out of the funds on hand aII bil-ls, payrolls and other just debts of the Association of whatever nature upon maturity. He shall perform all other duties incident to the office of the Treasurer and, upon request of the Board, sha11 make such reports to it as may be required at any time. He sha1l, if required by the Board, give the Association a bond in such sums and with such sureties as shall be satisfactory to the Board, conditioned upon the faithful performance of his duties and for the restoration to the Association of all books, papers, vouchers, money and other property of whatever kind in his possession or under his control belonging to the Association. He shal1 have such other powers and perform such other duties as may be from time to tj_me prescribed by the Board of Directors or the President. The Assistant Treasurers, if any, shall- have the same powers and duties, subject to the supervision of the Treasurer. ARTICLE VII Obliqations of Owners 1, Maintenance Fees; Special Assessment. A11 owners shalL be obligated to pay the maintenance fees and special assessments imposed by the Association to meet the common expenses. The maj-ntenance fee shall be allocated among all owners as provided in the Declaration and shall be due in advance on the first day of Pebruary of each year. Per diem fees for use of units shall be charged for t.hose items listed in the Declaration and sha11 be allocated as provided in the Declaration. Per diem fees shall be due upon the commencement of each uni-t week. A member shall be deemed to be in good standing and entitled to vote at any annual or at a special meeting of members, within the meaning of the Bylaws, if and only if he shall have ful1y paid all maintenance fees and special assessments made or levied against him and the unj-t week owned by him and if he shall have paid all per diem fees charged to him. Any maintenance fee or special assessments or per diem fees which are not paid when due shal1 be delinquent. If the maintenance fee or special assessment or per diem fee is not paid within thirty (30) days after the due date, it shall bear interest from the date of delinquency at a rate set by the Board of Directors (but in no event greater bhan permitted by law), and the Association may bring an action at 1aw ag'ainst the owner personally obligated to pay the same or foreclose the lien against the property, and interest, cost, and reasonable attorneyts fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common facilities, the general conrmon elements or his unit week. 2. Right of Entry. An owner shall and does grant. the right of entry to the Management Firm or Board of Directors of the Association to have access to his unit from time to time during reasonabl-e hours as may be necessary for the maintenance, repair, or replacement of any of the general or limited common elements therein accessible therefrom or for making emergency repal-r therei-n 16. necessary to prevent damage to the general and limiLed common elements or to another unit or units. Damage to the interior or any part of a unit as a result of such entry thereof shall be a common expense to all of the owners provided, however, that if such entry, resulting in damager wErs made necessary as a result of the negligence or malfeasance of a unit owner or interval owner, then such o$rner sha1l be responsible for alr of such damage. 3. Rules and Regulations. The Board of Directors reserves the power to estabtish, make and enforce compliance with such house rules and regulations as may be necessary for the operation, use and occupancy of this condominium project with the right to amend same from time to time. ARTICLE VIII *'$:lii";'^3xl:::'::a iiSi=;:i:::3 "' 1. Proof of Ownership. Except for those Owners who initially contracted to purchase a unit from the Declarant, any person on becoming an owner shall furnish to the Association a photocopy or a certifiect copy of the recorded instrument vesting that person with an interest or ownership. Such copy shal1 remain in the files of the Association. A member shall not be deemed to be in good standing and shall not be entitled to vote at any annual or specl-al meetlng of members unless this requirement ls first satisfied. The Association may issue membership certi.ficates to its members; however, such certificates sha1l not be deemed t.o be shares of stock in the Association. r7. 2. Registration of Mailing Address. If a unit is owned by two or nore owners, such co-owners shall designate one address as the registered address required by the Decl_aration. The registered address of an owner or owners shalt be furnished to the secretary within five days after transfer of title or after a change of address, and such registration shall be in written form and signed by alL of the owners or by such persons as are authorized by Law to represent the interest of the owners thereof. 3. I,iens. Any owner who mortgages or grants a deed of trust covering his unit shalL notify the Board of Directors of the name and address of the mortgagee or beneficiary of the deed of trust and shall file copies of the note and security instrument with the Board of Directors. The Board of Directors sha1l maintain such information in a book entitred "Liens on units. " The Board of Directors, when giving notice to an ohrner of default in paylng an assessment or other default, shall send a copy of such notice to each nortgagee or beneficiary of a deed of trust covering such ownerss unit whose name and address has heretofore been furnished to t.he Board of Dlrectors. First lienors, as shown in the Liens on Units, shaLl have the right to examine the books and records of the Association at anv reasonable time. 4. Association Address of the Association,The address of the shalL be Vail, Co 81658. Such address may be changed from time to time upon 18. written notice to all members and all mortgagees or beneficiaries of deeds of trust listed in Liens on Units. ARTICLE IX Security Interest in Membership Owners shall have the right irrevocabty to constitute and appoint the mortgagee or the beneficiary of a trust deed their true and lawful attorney-in-fact to vote their unit membership in the Association at any and all meetings of the Association and to vest in the mortgagee or the beneficiary any and all rights, privileges and powers that they as owners have under the Articles of Incorporation and these Bylaws or by virtue of the Declaration. Such proxy shall become effective upon the filing of notice by the mortgagee or the beneficiary with the Secretary of the Association at such time or times as the mortgagee or the beneficiary shall deem its security in jeopardy by reason of the failuref neglect or refusal of the Association, the Board of Directors, or the olrners to carry out their duties as set forth in the Declaration. A release of the mortgage or the beneficiary's deed of trust shalt operate to revoke such proxy. Nothing herein contained sha1l be construed to relieve owners, as mortgagors, of their duties and obligations as owners or to impose upon the mortgagee or the beneficiary of the deed of trust the duties and obligations of an owner. 19. ARTICLE X Indemnification 1. Definitions. For purposes of this Article X, the following terms shall have the meanings set forth below: (a) Action - any threatened, pending or completed action. suit or proceeding, whether civi1, criminal, administrative or investigative. (b) Derivative Action - any action by or in the right of the Association to procure a judgment in its favor. (c) Third-Party Action - any action other than i a derivative action. (d) Indemnified Party - any person who is or was a party or is threatened to be made a party to any action by reason of the fact that he is or was a director or officer of the Association. 2. Third-Party Actions. The Association shaIl indemnify any Indemnified Party against expenses (including attorneyrs fees), judgments, fines, excise taxes, and amounts paid in settlment actually and reasonabJ"y incurred by him in connection with any Third-Party Action if, as determined pursuant to paragraph 5 below he acted in good faith and in a manner he reasonably believed to be in the best interests of the Association and, with respect to any criminal action, had no reasonable cause to believe his conduct, was unlawful. The termination of any Third-Party Action by judgment, order, settlement, conviction or upon a plea of nolo contendere or its eguivalent, sha1l not of itself create either a presumption that the Indemnified Party did not act in good faith and in a manner 20. which he reasonably believed to be in the best interests of the Association or, with respect to any criminal acti"on, a presumption that the rndemnified Party had reasonable cause to believe that his conduct was unlawful . 3. Derivative Actions, The Association shall indemnify any rndemnified Party against expenses (including attorneyts fees but excluding amounts paid in settlement) actually and reasonably incurred by him in connection with the defense or sett.lement of any Derivative Action if, as determined pursuant to paragraph 5 below he acted in good faith and in a manner he reasonably believed to be in the best interests of the Association, except that no indemnification shalL be made in respect of a claim, issue or matter as to which such person is or has been adjudged to be liable for negligence or misconduct in the performance of his duty to the Association unless and onLy to the extent that the court in which such action was brought determines upon application that, despite adjudication of liability and in view of aI1 circumstances of the case, such Indemnified Party is fairly and resonably entitled to indemnification for such expenses which such court deems proper. If any claim that may be made by or in the right of the Association against any person who may seek indemnification under this Article X is joined with any claim by any other party against such person in a single action, the claim by or in the right of the Association (and all expenses related thereto) shal1 nevertheless be deemed the subject of a separate and distinct Derivative Action for purposes of this Article X. 2L. 4. Success on Merits. If and to the extent that any rndemnif ieu ""ra, *J oJn ",r."essfur on rhe merits in defense of anv action referred to in paragraphs 2 or 3 of this Article x, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred by him in connection therewith without t,he necessity of any determination that he has met the applicable standards of cond.uct set forth in paragraphs 2 and 3 of this Article. 5. Determination. Except as provided in paragraph 4, any indemnification under paragraphs 2 and 3 of thi.s Article X (unless ordered by a court) sha11 be made by the Association only upon a determination that indemnification of the rndemnified party is proper in the circumstances because he has met the applicable standards of conduct set forth in said paragraphs 2 and 3. Any indemnifi-cation under paragraph 4 of this Article X (unless ordered by a court) sha1l be made by the Association only upon a determination by the Association of the extent to which the Indemnified Party has been successul on the merj-ts. Any such determination shal1 be made (a) by a rnajority vote of a quorum of the whore Board of Directors consisting of directors who are not or were not parties to the subject action, or (b) upon the request of a majority of the directors who are not or were not parties to such action, or if there be none, upon the reguest of a majority of a quorum of the whole Board of Directors, by independent legal counsel (which counsel sha11 not be the counsel generally employed by the Association in connection with its corporate affairs) in a written opinion, or (c) by the members of the Association at a meeti_ng cal1ed for such purpose. zz. 6. Payment in Advance. Expenses (including attorney's fees) or some part thereof incurred by an Indemnified party in defending any action, shall be paid by the Association in advance of the final disposition of such action if a determination to make such palment is made on behalf of the Association as provided in paragraph 5 of this ArtieLe X; provided that no such pa)rment may be made unless the Association shall have first received a written undertaking by or on behalf of the Indemnified party to repay such amount unless it is ultimately determined that he is entitled to be indemnified by the Association as authorized in this Article X. 7. Other Indemnification. The indemnification provided by this Article X shall not be deemed exclusive of any other rights to which any Indemnified Party or other person may be entitled under the Articles of Incorporation, any agreement, these Bylaws, vote of the members or disinterested directors or otherwise, and any procedure provided for by any of the foregoing, both as to action in his official- capacity and as to action in another capacity while holding such office. 8. Period of fndemnificatj-on. Any indemnification pursuant to this Article X shall continue as to any Indemnified Party who has ceased to be a director or officer of the Association, and shall inure to the benefit of the heirs and personal representatives of such Indemnified Party. The repeal or amendment of this Article X or of any pargraph or provision thereof which would have the effect 23. of limiting, qualifying or restricting any of the powers or rights of indemnification provided or permitted in this Article x shall not, solely by reason of such repeal or amendment, eliminate, restrict or otherwise affect the right or pov/er of the Association to indemnify any. person, or affect any right of indemnification of such person with respect to any act or omission which occurred prior to such repeal or amendment. 9. Insurance. By action of the Board of Directors, notwithstanding atry itrtrlrost of tho r.lit'(\(:tr)l'ri irr such actlortl the Association may purchase and maintain insurance, in such amounts as the Board may deem appropriate, on behalf of any rndemnified party against any liability asserted against him and incurred by him in his capacity of or arising out of his status as an rndemnified Party' whether or not the Association would have the power to indemnify him against such liability under applicabre provisions of law. The Association shal1 have the right to impose, as conditions to any indemnification provided or permitted in this Articre X, such reasonable requirements and conditions as to the Board of Directors or members may appear appropriate in each specific case and cir- cumstances, including but not limited to any one or more of the following: (a) that any counsel representing the person to be indemnified in connection with the defense or settlement of any action shall be counsel mutually agreeable to the person to be indemnified and to the Association; (b) that the Association shal_l 10. Riqht to se Conditions to Indemnification. 24. have the right, at its option, to assume and control the defense or settrement of any claim or proceeding made, initiated or threatened against the person to be indemnified; and (c) that the Association shall be subrogated, to the extent of any payments made by way of indennification, to aL1 of the indemnified personts right of recovery, and that the person to be indemnified sha1l execute all writings and do everything necessary to assure such rights of subrogation to the Association. ARTICLE XI Amendments 1. By Directors. Except as by law, the Articles of Incorporation, the Declaration or these Bylaws limited, or committed to action by the members, the Board of Directors shall have power to make, amend and repeal the Bylaws of Lhe Association at any reg,uLar meeting of the Board or at any special meeting called for that purpose at which a quorum is represented. However, if the members shal1 make, amend and repeal any Bylaw, the directors shall not thereafter amend the same in such manner as to defeat or impair the . object of the members in taking such action. 2. Members. The members may, by the vote of the holders of at least 50 percent of the votes of the members, unless expressly made subject to a higher voting requirement by 1aw, the Articles of fncorporation, the Declaration or these Bylaws, make, alter, amend and repeal the Bylaws of the Association at any annual meeting or at any special meeting called for that purpose at which a quorum shall be represented. 25. 3. Conflict With Declaration. Notwithstanding anything contained herein to the contrary, these Bylaws sharr not be amend.ed. to bring any provision herein into conflict with any provision of the DeLcaration. These Bylaws, as amended from time to time, shall remain subject to the Declaration and this paragraph 3 of Article xr shall not be amended or dereted except by a vote of 100 percent of the votes of the members and 100 percent of the first rienors, as defined in paragraph 3 of Article VIII herein. ARTTCLE XII Miscellaneous 1. Seal. The corporation seat of the Association shall_ be circular in form and shaLl contain the name of the corporation, the year of its organization and the words ,'SeaI, CoJ-orad.o.,, 2. Riqht of Entry. The manager and any person authorized by the Board of Directors shal1 have the right to enter each apartment unit in case of any emergency originating in or threatening such unit whether or not the owner or occupant is present at the time. 3. Fiscal Year. The fiscal vear of the Association shalr be such as may from time to time be established bv the Board of Directors. 4. Services. Attached hereto as Schedule A is a list of servj-ces provided by the Association, which are paid for out of the periodic assessment. 26. 5. Assessments, Debts, Obligations. Attached-hereto as schedule B is a statement indicating what assessments, debts, or other obligations are assumed by an owner on his unit. 5. Recreation Facilities. Attached hereto as Schedule C is a statement listing and describing al1 major recreation faciLities. 7. {ew Additions of General and Limited Common El_ements. Attached hereto as Schedule D is a statement relating to new additions of general and limited conmon elements. i 27. I. Lawn and grounds care 2. Snor removal fromthe general- cornmon roads and parking areas which are part of elements 3. Trash removal 4. Water and sewer service 5. Lighting of general common elements 5. Administration, bookkeeping, legal and audit 7. Insurance, as more fully described in paragraph 9 of the Declaration 8. Heating of certain general cotnmon areas, including but not lirnited to the swirnming pool and swimming pool area 9. AIl other ordinary maintenance, repair work and servicesrelated to the general. conmon elements which rnay be necessary tO. The Associatj-on shall maintain aI1 furniture, furnishings, fixtures and equipment within a Unit, the interior non-aupporting walJ-s, the materials (such as but not limited to plaster, gyPsuln dry waIJ., paneling, wallpaper, paint, wall and floor tiletflooring, including perimeter walls, ceilings and floors within the unit and the unit doors and windows, the lines, pipes, wires, conduits or systems (which for brevity are hereafter referredto as util-ities) running through a unit. The Association shall maintain and keep in repaj-r all- of the foregoing, including such other items and areas as may be rdquired in the Bylalts or any rules and regulations hereafter established. Such right to repair, alter and remodel shall carry the obliqation to replace any furniture, furnishings, equipment, appliance, util-ities or other materials, whenever it is reasonably reguired. In addition to the above, (a) each owner shall Pay a per diern fee at the times set forth in the Bylaws. The per diem fee shall be based upon the Associationrs best estimate of the cost of the following services to each condominium unit during each period of occupancy (it being understood that the'per diem fee will be dependent, in part, upon the size of the unit and the time (season) of occupancy: A-1 (i) Maid service, incLuding tinen supply; (ii) Cost of consumable goods, such as detergent andother cleaning supplies needed for the cleaning andwashing of clothes, pots, pans, dishes and thecondorninium unit itsel_f, light bulbs, hand tissues,kitchen and bathroom paper toweling and tissues andother normal paper and consumable supplies; (iii) Cost of utilities, including heating, lighting andwater for the condominiurn units; (iv) Firewood; and (v) Snow removal. (b) The per diem fee sha1l be payable only if an or,vner or hisguest, invitee or family member actually occupies the unitduring all or a portion of his unit week. A-2 SCHEDUTE B Assessments, Debts, or Other Obligations AssumedBy a Unit Owner on His Condominium Unit 1. Asqessments. Each owner wi1l be assessed by theAssociation his-SGTa strare of the common expenses attributable toeach unit owned by him. such proration shall be on the basis asdefined in the Declaratj.on, on the date the common expense j.s assessed, except that with respect to unoccupied units owned byDeclarant, the Association shal1 assess Declarant only 75 percent (75t)of such prorata share. special assessments may be levied wheneverin the opinion of the Board it is necessary or advisable to do so(a) to meet increased operating or maintenance expenses or costs,(b) to provide for additional capital expenses, or (c) because ofemergencies. However, if the proposed additional capital expensesat any given time are in excess oi ten percent (1OB) of the maximumreplacement val-ue of the buitdings, as determined by the Associat.ionpursuant to the Declaration, such expenses may be incurred onry afterthe members' by the vote of the holders of at least 75 percent (759)of the votes of the members, approve such expenses. 2. Debts. All sums assessed but unpaid for the shareof common expefrEilassessed to any unit sha1l Lonstitute a Iienon such unit in favor of the Association. This lien is more fullvdescribed in the Declaration. 3. Oblrgs!1ens.. Although Declarant does not anticipatethat the ownerE-ElflE?Ehase theii units subject to any liensl exceptfor the lien imposed by 1aw for real property taxes levied on theunit for the year in which the unit is purchased, there are liensimposed by the laws of the United States and the State of Coloradowhich may not appear of record. Each prospective owner is advisedto avail himself of a title insurance commitment prior to closing oftitle on a unit. Each owner may mortgagecover such ownerr s interest in general Ho$tever, except for mechanicst liens,liens, no other liens may be obtained common elements. his unit and the mortgage may and limited common elements. assessment liens, or taxagainst the general or limited B-1 :-...'-F::!r-:r' ,l 'l SCHEDULE C Recreational Facilities 1. There are presently certain recreational facilitieson the land which is subject to the Declaration. Such land is'described in Exhibit A of the Declaration. Such recreationalfacilities have been constructed at the sole cost and expense of theDeclarant. Other than the recreational facilities presently existing, neither the DecLarant nor the Association is requiredto construct any recreational facilities and no other representationof any future recreational facil-ities is made with respect to the premises. 2. Such recreational facilities have become part of thegeneral cornmon elements and the costs for the operation and maintenanceof the recreational facilities will be borne by the Association. Such costs probably will be passed on to the Association's nembers through assessments; however, such expense may be paid in whole or in part by some other means, such as user charges. If any recreationalfacilities are constructed by the Association, the Association will have to bear the construction costs thereof. c-1 SCHEDULE D New Additions ofGeneral and LimiLed Conmon Elements l. Effect gn Owner in Reference to Obligqtion for paymentot common Expenses. There are no additional general- common-EfErnentsto be constructed and therefore there will be no increase in cornmonexpenses due to additional cormron elements. 2. Effect on Owner in Reference to Ownership fnterest inExistinq General an Common Elements and New General an ommon ELements. With new a tions ot generaL an ted in existing generar and limited common elements, which interest isset forth in Exhibit B of the Declaration. His ownership interestin existing general and limi.ted common elements shall remain unaffected. 3. Effect on Owner in Reference to Votinq power in theAssoclation. ntsGElfffiavilno effect on an owner in reference to his voting po\^rerin the Association. cornmon elements, j-f any, each owner shall have the same ownershipinterest in the new general and limited conmon erements that he has cornmon elements, n-l 7 ARTICLES OF II{CORPORATION OF GORE CREEK CLUB CONDOMINIUM ASSOCIATION The undersigned, desiring to establish a nonprofit corporation pursuant t.o the Colorado llonprofit Corporation Act, hereby cert.if ies: ARTICLE I The name of the corporation shall be GORE CREEK CLUB CONDOMINIUM ASSOCIATION. ARTICLE II The corporation shall have perpetual existence. ARTICLE III i (A) Purposes. The objects and purposes of the corporation shall be: (1) to provide for the care, upkeep and supervision of Gore Creek Club Condominiums in Eagle County, Colorado (the "Premises"), as further described in the "Condominium and Interval Estate Ohrnership Declaration" for the Gore Creek Club Condominiums recorded in the Eagle County real property records and all amended and supplemental declarations filed from time to 1 time (the "Declaration" ) , including the general common elements and all recreational- facilities maintained thereon from time to time' if any; (2) to regulate and control the relationships among the time- share owners (the "Owners" ) of timeshare units ("Units") on the Premises in connection with their ownership of the Units; (3) to provide for the pleasure and recreation of the Ohrners, and (4) to promote the best interests of the orvners for the purposes of securing for them the fulrest utilization and enjoyment of the Premises. (B) Powers. In furtherance of the foregoing purposes, but not otherwise, the corporation (which is sometimes hereinafter called the Association) shall have and may exercise all of the following powers: (1) Real and personal property. To acquire, by gift, purchase, trade or any other method, own, operate, buiId, manage, sell, develop, encumber and otherwise deal in and with real- and personal property of every kind and character, tangible and intangible, wherever located, and interests of every sort therein. However, the Association may not seek to abandon, partition, subdivide, encumber, sell or transfer any general or limited corunon elements (as defined in the Declaration) without the prior written consent of at least 758 of all first lienors (as defined in the Declaration) and 758 of all Owners having an interest in such common elements (other than Declarant, as defi-ned in the Declaration), except that the Association may grant easements for public utilities or for other public purposes consistent with the intended use of such common elements. (2) Borrowing. To borrow funds or raise monies in any amount for any of the purposes of the Association 2. and from time to time to execute, accept. endorse and deliver as evidences of such borrowing, all kinds of instruments and securities, including but without lirniting the generality of the foregoing, promissory notes, drafts, bills of exchange, warrants, bonds, debentures, property certificates, trust certificates and other negotiable or non'negotiable instruments and evidences of indebtedness, and to secure the payment and performance of such securities by mortgage on, or pledge, conveyance, deed or assignment in trust of of the whole or any part of the assets of the Association, realr personal or mixed, including contract rights, whet,her at the time owned or hereafter acguired. (3) Contracts. To enter into, make, amend, perform and carry out or cancel and resci.nd, contracts, leases, permits and concession agreements for any lawful purposes pertaining to its business. (4) Guaranties. To make any guarantee respectirng securities, indebtedness, notes, interest, contracts or other obligations created by any individual , partnership, association, corporaLion or other entity, and to secure such guarantees by encumbrance upon any and al1 assets of the Association, to the extent that such guarantee is made in pursuance of the purposes herein set forth. 3. (5) Loans. To lend money for any of the purposes above set forth; to invest its funds from time to time and take and hold real and personal property as security for payment of funds so loaned or invested. (6) Assessments. To levy monthly assessments and any special assessments against the Owners for common expenses (including but not linited to the costs of repairing and maintaining general conmon elements. and utility charges which are not charged directly to the Owners by the utility company), to charge interest on unpaid assessments and to collect dues, fees and interest in accordance with its byJ-aws, and to enforce liens given as security for such assessments, dues, fees and interest. (7) General Powers.To do everythingi necessary, suitable or proper for the accomplishment of any of the purposes, the attainment of any of the objects, or the furtherance of any of the powers above set forth, either alone or in connection with other corporations, firms, or individuals, and either as principal or agent, and to do every act or thing incidental or appurtenant to, or growing out of, or connected with any or Por,{ers. (8) RuIe Making. To regulations with regard to the the Premises. of t.he aforesaid objects, purposes make and enforce rules and management and operation of 4. (9) Management, Maintenance and Repair. provide for the management, maintenance and repair Premises. To of the (10) Federal Home Loan Mortgage Corporation. To take any action or enter into any agreement that might be required as a condition to al1ow any first lienor to sell his interest in any Unit to the Federal Home Loan Mortgage Corporation. (11) Por^rers Conferred by Law. The foregoing enumeration of specific povrers shall not limit or restrict in any manner the general powers of the Association and the enjoyment and exercise thereof as now or hereafter conferred by the laws of Colorado. (C) Restrictions Upon Purposes and Powers. The foregoing purposes and powers of the Association are subject to the folJ-owing limitations: (1) That the Association shall be organized and operated exclusively for pleasure, recreational and other nonprofitable purposes as set forth in Section 501(c) (7) of the Internal Revenue Code of 1954, as it is now or may hereafter be amended, or in any corresponding provision of any future Iaw of the United States of America providing for exemption of similar organizations from income taxation; and (2) That no part of the net earnings of the Association shall inure to the benefit of any member. 5. (D) Dividends, Distributions, Etc. The Association shalL not pay any dividends. No distribution of the coxporate assets to members, as such, shall be made until aII corporate debts are paid, and then only upon final dissolution of the Association by the affirnative vote of at least 75 percent of the votes of all of the members at any regular or special meeti.ng called for that purpose at which a quorum shaLl be represented. Upon such dissolution and distribution, the assets remaining after payment of all debts shall be distributed among the members of t.he Association in accordance with the O\^nersr "Sharing Ratio" as defined in paragraph 1(I) of the Declaration. ARTICLE IV The operations of the Associati.on shal1 be conducted at such places within or outside of the Unj-ted States as may from tirne to time be determined by the Board of Directors. The address of the initial registered and principal office of the corporation is Suite 306, Vail National Bank Building, 108 South Frontage Road West, P. O. Box 3L49, Vail, Colorado 81658. The name of its initial registered agent at such address is Jay K. Peterson. ARTICLE V (A) Members. Any individual, corPoration, partnershiP, association, trust or other legaI entity or combination of entities owning an undivided fee simple j-nterest in a Unit, shall automaticalJ.y be a member of the Association. Such membership shall be continuous throughout the period that such ownership continues. A membership 6. shall t,erminate automatically without any Association action hrhenever such individual, organization or group ceases to or,im a Unit. Termination of membership sha11 not relieve or release any former member from any tiability or obligation incurred by virtue of or in any way connected with ownership of a Unit, or impair any rights or remedies which the Association or others may have against such former O,rdner and member arising out of or in any vlay connected with such ownership or membership. rErl n'r,asses of Membership. the following classes of membership: The Association shall have (I) Individual Membership. Any individual acquiring such an interest in a Unit shall automatically become an individual member of the Association. (2') Organizational Membership. Any corporation, partnership, association, trust or other legal entity acquiring such an interest in a Unit shall automatically become an organizational member of the Associatj"on. Each organizational member sha11 from time to time designate one or more individuals who may represent it at meetings and vote on behalf of such member. The secretary of the Association shall maintain a list of the persons entitled to vote on behalf of such member, and until the Association is notified to the contrary, any action taken by such persons purport,ing to act on behalf of the organizational member shall be binding on such member. (3) Declarant Membership. Declarant, as defined in the Declaration, shal1 be a member of the Association 1 as long shall, who may as it owns from time to an interest in a Unit. Declarant one or more individuals vote on its behalf. time, designate at meetings andrepresent it. (C) Voting. There shall be voting members in the corporation. vote on aII matters. following two classes members shall be entiLled the A1lof to (1) The class A members shall be the Owners of timeshare units and each Owner shall be allocated one vote for each unit week owned. (2') The class B member shall be the Declarant, which shall be entitled to the total number of votes of all class A members, plus one, so thaL the Declarant will have a number of votes equal to a majority of the total votes of all members of the Association. The class B membership shall exist at all times that Declarant orirns a twenty percent aggregate interest in the condominium project. (3) If ownership of any unit week shall be held of record by two or more Owners, then each such Co-Owner shall be a member of this Association, but Co-Owners must determine between themselves as to which person shall vote their shares. Such designation shal1 be in writing, signed by aII the Co-Owners, and must be filed with the Secretary before the appointed time of any meeting. 8. (4) This Article V may be amended only by the unanimous vote of all Owners. ARTICLE VI (A) The control and management of the affairs of the Association and the disposition of its funds and property sharJ- be vested in a Board of Directors. The number of directors (which may not be less than three), their terms of office and the manner of their selection or election sha1l be determined according to the bylaws from time to tirne in effect. cumulative voting shaLl not be allowed in the election of dj.rectors or for any other purpose. The names and addresses of those comprising the first Board of Directors, to serve until their successors shall be duly elected, er€ eE followcr Janis L. Woodley M. Elaine Coleman Jay K. Peterson P. O. Box 389LVail, CO 81558 P. O. Box 1425Vai1, CO 81658 P. O. Box 3149Vai1, CO 81658 (B) The Board of Directors may by resolution designate tr,ro or more of their number to constitute an executive committee which shalr have and exercise arl of the power of the Board of Directors in the management of the business and affairs of the Association or such lesser authority as may be set forth in such resorution. No such delegation of authority shall relieve the Board of Directors or any member of the Board from any responsibiJ-ity imposed by law. 9. ARTTCLE VTI The Association shall have such officers as may from time to time be prescribed by the bylaws. Their terms of office and the manner of their designation or selection sha1l also be determined according to the bylaws from time to ti-ne in effect. ARTICLE VITI The Board of Directors sha1l have power to appoint a manaEer, which may be a corporation, to carry on day-to-day maintenance, repair and service functions for the Association. 'The Association may enter into a contract with such manager if the contract may be term.i-nated by the Aseociation without cauBe or payment of a termination fee on 90 days or less written notice and such contract has a term of not more than three years (including all renewals) and with such other provisions as the Board of Directors may approve. ARTICLE IX Authority to convey or encumber the property of the Association and to execute any deed, contract or other instrument on behalf of the Association for itself or as attorney-in-fact for one or more of the members is vested in the president or any vice president. All instruments conveying or encumbering such property (whether or not executed as such attorney-in-fact) shaLl be executed by the president or a vice president and attested by the secretary or an assistant secretary of the Association. 10. of the and the of the ARTICLE X The fol-lowing provisions are business and for the conduct of same are in furtherance of and po\^rers conferred by 1aw: inserted for the,management the affairs of the Association, not in limitation or exclusion (A) Board of Directors to Exercise General Power. All corporate powers except those which by law or by these articles expressly requj-re the consent of the members shall be exercised by the Board of Directors or the executive committee. (B)The Board of Directors is hereby authorized to make provision for reasonable compensation to its members and to members of the Association for Lheir services, and to reimburse such members for expenses incurred in connection with furthering the purposes of the Association. The Board of Directors shall fix the basis and conditions upon which such compensation and reimbursement sha11 be paid. Any director of the Association may also serve in any other capacity and receive compensation and reimbursement for such other work. ARTICLE XI The Association shall have the right to indemnify any person to the fullest extent allowed by the laws of Colorado, except as limited by the bylaws of the Association from time to time in effect. 11. ARTICLE XIT The initiar byraws of the Association shall be as adopted by its Board of Directors. ?he Board shal1 have power to alter, amend or repeal the byraws. The bylaws may contain any provisions for the regulation or management of the affairs of the Association which are not inconsistent with law, the Declaration or these Articles of rncorporation, as the same may from time to time be amended. ARTICLE XIIl The Association reserves the right to amend, alter, change or repeal- any provision contained in these articles of incorporation by, unless a higher voting requirement is set forth herei-n with respect to any particular provision, the vote of the holders of at least 75 percent of the votes of the members at any regular or special meeting called for that purpose at which a quonrm shall be represented; provided that no amendment shal1 be contrary to or inconsistent with any provision of the Declaration. ARTICLE XIV The name and address of the incorporator is: Jay K. PetersonP. O. Box 3149Vai1, CO 81658 Dated L2. JAY K. PETERSON rr t i4.i- -r" r VERTFICATION STATE OF COUNTY OF coLoRADO )) ss.EAGLE ) I, , a notary public, herebycerErry Enac on tne _ day of , lgg , personally appeared before me JEffi eninnsor.l,-wEo-TEii'9'-6!'ne fiiSi &ulysvrorn' . severally declared that he was the person who signed theforegoing docunent as incorporator and that the statements thereincontained are true. My commission expires: Notary Public Address 13. \'d ( MEMORANDUM Planning and Environmental Commission Corrnunity Development Department July 20, 1982 Conditional Use Permit and Minor Subdivision request to allow a time- sharing use at Ipandna Condominiums. Applicant: Daymer Corporation TOI,IN OF VAIL TIME-SHARING REGULATIONS TO: FROM: DATE: SUBJECT: (. The Spring of 1980 saw the first time-sharing regu'lations adopted by the Town. The ordinances, in general , ca] ]ed time-sharing as a conditional use in the HDMF, PA, CCI and CCII zone districts, required disclosure statements and regis- tration of projects and required persons sel 'l ing time-sharing to obtain a license from the Town. Subsequent ordinances in the Fall of 1980 removed time-sharing as a conditional use from the PA, CCI and CCII zone districts and prohibited mixing time-sharing units and whole-owned condominiums in the same building. This'left the HDMF zone district the only one possible to locate a new time- sharing project in the Town. THE REQUEST Ipanema Condominiums are located in the HDMF zone district and are proposing to go to an interval ownership proiect. This means that each owner of a weekwill actually have a deed to thb property for that period of time and as such, It is a transferable piece of real estate. The other basic form of time-sharing is called right-to-use, where a buyer purchases only the legal right to occupy the unit for a specified time period, and ownership of the building is maintained by an individua'l , partnership or corporation, Ipanema contains 9.luxury condominiun. of'16,090 square fbet of GRFA with a'whole floor of the bui'lding (comprising about 22% of the floor area of the total bu'ilding devoted to cormon facilities.l The project's amenities include a ski locker room, lounge and bar, saunas with changing and restrooms and a glass enclosed poot with outdoor deck area. Also constructed is an office area of 460 square feet proposed to be used for general administration of the project. There is ample parking provided with l8 spaces (2 per unit) in an underground garage with 5 unenclosed extra spaces at. street. leve'|. The proposal is to market the project 5 weeks at a time. In other words, a purchaser will be required to buy a package of 5 weeks of time with the weekssplit, 2 in the winter, 2 in the summer and I "shoulder" season week. The application submitted inc]udes a complete and realistic budget recognizing the large increase in costs associated with time-sharing including maintenance, management and replacement/repair of amenities, unit furnish'ings, etc. Some (_ (' Ipanema -2- 7/20/82 of the reasons expressed by the applicant for approving the request are that the proposal will: cause higher occupancy levels and full use'of existing facilities, promote Vail as a resort by attracting a larger number of people to the commun'i ty (word of mouth advertising); lessen the cost of a Vail vacitibn while stillattracting a "high quality" guest; provide for excellent management and maintenanceof the build'ing and grounds; and that the building contains a sufficient amountof recreational and common facilities for interval ownership. REQUEST FoR MINoR SUBDMSION APPR0VAL The regulations call time-sharing a subdivision proposat. This proposal involves less than four lots and is a minor.subdivision. There are no special criteria by wh'ich to judge a time-sharing project as a subdivision. The regulations simply provide that an approval for such a subdivision must be obtained. The submittal requirement for this is simply the proposed condominium plat and related controll'ing documents. The pros and cons of the actual proposal will be outlinedin the conditional use section of this memorandum. CONDITIONAL USE PERMIT: CONSIDERATI0N 0F FACTORS: l. Re'l ationship and impact of the use on development objectives of the Town A. DEVEL0PMENT 0BJECTIVE: Provide high qua'lity guest accommodations forVail's visitors. B. DEVEL0PMENT OBJECTIVE: Attract "high quality" guests in large numbersto Vail. C. DEVEL0PMENT OBJECTIVE: Efficiently utilize existing facilities and accommodations (i.e. high occupancy) throughout the year. ( D. DEVELOPMENT OBJECTIVE: Pub'lic create an affordable vacation and private sectors work together to experience for the guest. The interval ownership proposal for Ipanema specifically addresses and fulfillsall the development objectives listed above. 'The Ipanema project is brand new, completed'l ate'in l98l . No units have been occupied, and the units, common areas and.grounds are of an exceptionally high quality. Proposing to time- share.such a project provides an-opportunity-for many more vicationers to have an enjoyab'l e Vail experience. A high'ly reliable independent studyl of time-sharing throughout the country has shown interval owners to possess high levels of-incomel education and occu-patiglt. They have prepa'id for their accommodations and come with money to spend.At this point in Vail's history, it would seem to be prudent to attract such' personnel to as great a degree as possible. I Interval Ownership Case Studies, Volume I, Richard L. Ragatz Associates, Inclfor the American Land Development Association, November, 1980. O Ipanema -3- 7/20/82 0ccupancy rates for time-sharing tend to run about 80% throughout the year. This is higher than a hotel and much higher than a 'luxury condominium used as a second home. The reason time-sharing produces higher occupancies is thatif an individua'l or couple owns only a week or two of property, they will certainly either use it themselves or rent it rather than let it sit vacant and waste their vacation investment. The higher quality interval ownership projects attract higher quality purchasers, who, studies have shown, tend to use their own weeks rather than rent or exchange for another resort. A study conducted by the staff on Sanibel Is'land, Florida showed that local businessmen be1 ieve the lqrge numberof interval projects there have helped their shoulder season business.z Lastly, the national economic situation has finally shown its effects on Vail. The real estate market is depressed because interest rates exclude even people of high income from purchas'ing a whole-owned condominium in Vail. With this in mind, we must provide for vacation opportunities and continuing community investment at a ner'r, affordab'le level . Time sharing is one method of providing such an opportunity. 2. Effect of the use on I i ht and air distribution of ul ati on trans rtation and recrea acilities a The relevant items here are transportation facilities, uti'l ities, parks and recreation facilities, and other public facilities. The interval owners (as a whole) at Ipanema will increase the demand for public transportaion with regardto the Town bus system. There's no doubt that the interval oh,ners will utilize the bus stop which is a half-block from their living unit. But, the location 'of Ipanema actually nakes it more convenient to walk to the Vil'lage lifts and, thus, will not over-crowd the buses in their peak times. Interva'l ownership at Ipanema will more efficiently uti'lize the pub'lic utilities which have been installed, but should not in any way over-burden the systems, Time-sharing requ'ires a higher degree of recreational facilities in its projects. Time-sharing is a vacation plan--people purchase to reserve vacation accommodations. Vacationers arir extremely attive ieoile,'and they require reEFeaTT6n-a'l amenities to rBet their needs. In this casb, ipanema's develofer provided a very high level of recreational amenities and common areas for its originally planned intention of whole-owned condomjniums. The existing facilities should be ab1eto mdet adequately the needs of the interva1 owners if they are wel 'l maintained. The proposal wi'll also create a higher demand for other public recreation faci'lities such as go1f, tennis and ice skating. These activities all generate user feesfor their respective pub'lic owners or lessees and should not-over-burden the existing facil ities. 2' "Report on Time Sharing Field Study on Sanibel Island, Florida, Peter Patten, 0ctober 22, '1980. ( L ..'t\ rpun"l -q- 7/zo/sz 3. Effect u n traffic wi th rticular reference to esti on automoti vean sale convenl ence raTT t c a cces s maneuver ty an remova 0t snow reets an areas. 4. Effect u on the character of the in which the sed use is to be Ene suffounding uses. ( ( One of the most negative effects of time-sharing has proven to be the parking and congestion problems which on-site marketing-practices create. Beciuser.nterval ownership creates about 48 times the owners that whole-owned condominiumsdo'.the marketing of the project is extremely intensive. considering onern lu prospective.purchasers actually buy (a figure generally experiencedon.sanibel Island), a sgller may havl to attraci almost b00 -peopie per unitDefore he sells that unit out. The obvious problems created, eipec.iallyon weekends, are shoddy off-site "huckstering', practices (teinagbrs so'licitingguests at stores and parking lots offering fiee'gifts for a toui of theproject), hard-selI real estate practices and an unmanageable on-site parkingproblem created by prospective plrchasers. compounding-the parking prbbtemi-are recent pract'ices of offering any interval owner of-a project uie'ofits facil ities and amenities at-arryt-time of the year. The-Ipanema proposa'l mitigates, to a degree, some of these problems. Ipanemawil'l offer only a package block of weeki as described earlibr. Thus, i' 9uYqr.must purchase a minimum of 5 weeks rather than 1, reducing by five-fold the problems just mentioned. This means that theie wi]l b6 o'nty to owners per un'it with a tota'l of 90 owners. This still means that 900 prospectivebyyg"t may have to be shown around the property before it's sold out.'Thei^ewill be conditions of approval to eliminati the potential problems of on-site-parki.ng congestion. Rtso, no ,,year-round,, imenity memberships will be allowed. Traffic vo] ume wil'l be increased, but the location of the project mitigatesany negative potential problems. No residential area traf?ic-will be increasedas a result. The sca'le and bulk of the building exists and will not be changed with thisproposal. The character of the sumounding area is predominaitly compatiblewith a.time-sharing use. To the north is itre ttotiday Inn--obviouiry uiedon a simi'lar basis only to a much higher degree of iirtensity. To the eastis the Vail Fire stati-on containing iome em6royee nouiins-ii,a vitta cortinacondominiums. The villa cortina ii used on'a ileek1y-ivpE uasis ana as jrln is compatible. The fire station has 5 parking spacis-i,h-rpin.raij piop.riv which are leased. Enforcement of no paiking ior'Ipanema'i'"customers','musibe strict. To the west is a duplex lbt curientty-ipp"ou.a for a new structureto be placed on it. The impacti on this use wili bb'lessened by the designof lpanema--there are no wqlt-facing outside decks on the building except-for the penthouse level. This deck-is a 52 feet above grade and ihould'not impact the residents of the duplex. The time-shariig use should notcreate any unsolvable prob'l ems with respect to the charaiter of the area. .)rn{a -5- 7/20/82 5. Such other facto Eh--ejropoGd use. 6. The envirnnmcnfal imnent F6h^r.+ ^^h^^bhih- .L^ -.----- r S.TAFF RECOMMENDATI ONS The Cormunity Deve'lopment Departrnent recommends that the conditiona'l use permitand minor subdivision requesi. be approved based on the ioiiowing findings: That the proposed location of the use is in accord with the purposes of thisordinance and the purposes of the aiitrtct in which th. iit" is rocated. That the proposed location of the use and the conditions under which it wouldbe operated or maintained wou'td noi-oe-oetiireniii il-fiefibiii.'rriirii,"iuiitv,or welfare or materially injurious to properties orimfrovtments in the v.icinity. That the proposed use would comply with each of the applicabre provisions ofthis ordinance. FINDINGS C ylit-lg a-benerit to,the corrnunity oy proviiins a hish ffi.iiiJ ::::rflffiiff3lfacility for the kind of guesi wtr"tcn"tfie Town iishes-to'iiiract. The proposalnnets the requirements foi.a.good intervat ownerinip;;"j;;; in termi br-i"iign,amenities and p6pfting provisi6ns. iil iocation ii itii-i-dooo one for intervalin that.a higlr"levet-oi''iransporiution iervice will not be needed because onecan easilv walk to either viligse and miny Town faciliii"i, etc. from the site.This proposat has the potentiai"[o-mee[-tire oeveropmeni'oijectives of the Townas outlined earlier in the report wiihout creating any negative aspects. Conditions of approval are as follows: l. I'larketing.efforts shal'l c'learly indicate that parking at the project siteis not allowed for.prospectivipuictrasers. potentiar buyers and visitorsshatt be directed to drive to the pariin!'str;;il;;-;";ihen walk or busto the site. The applrcant mav us5-an alt"rnative m"tfioa oi tiiminitinion-site market'ing airi^visitor -parking congestion it ipproved in wriiing"by the Departmeni ot community"devei'opment. 2' 0nly the current (at any one time) occupants of the condominiums and theirlegitimate guests may use the comriron arbas of the taiitities. No recreationalamenities membershipl to either other interva'l owners ui Ipun"ra or otherprojects or the pubiic in generai witt ue atiowea.- - -- No EIR is required. C -)rtru -6- 7/zo/82 3. The.project must have an on-sitemaihtenance,/manager person avairabre ona 24-hour basis at the time that ihe rirst in[tr;;i fii;'is occupied. Management and maintenance shall be provided substantia'l 'ly according !o the- budset_submitted-for this proiosai. srit-irid"i';; ;n memorandumform from pau't Johnson to.Jay petbrsbn-dated June rs]-isgZ.' nny iigniiicantdeviation from the provisioni of the budget strati oe'r"quireo to be submittedto and approved by the Department of Cofrunity-Oiveioprlni.- The.rpanema project sha'll be marketed on the five week package as outlinedin this memorandum. Any significant aeviition i"or-ir,i;-;i;n shail requirePlanning and Environmenia'l eonnrntsiion-ipp"ovar . Pursuant to 0rdinance 36 of.'19g0, no mix of time-shring and whole_ownedcondominiums wil'l be al'lowed. A minimum r$ht of recission period for buyers shall be 72 hours. No,change to a right-to-use type project wi'rt be ailowed. It must beinterval ownership. (t (' 4. 5. 6. 7. 8. t o PI-ANN APPROVED PRESENT t{il I lrout Diana Donovan Dan Corcoran rlim Vlele Ouane Piper ilim Morgan ABSENT 5E6:F-ott Edwards ING AND ENVIRONMENTAL ilu'ly 26, 1982 C0['t!tISSI0N STAFF PRESENT Peter Patten Dick Ryan Jim Sayre Peter .lamar Larry Eskwith Betsy Rosolack COUNCIL REP ETffTflTo f.P--€' The meting was called to order by the cha'lrman, Dan Corcoran at 3:10 pm. l. Approval of mlnutes of meeting of July 12, 1982. Donovan moved and Vie'le seconded to approve the minutes. The vote was 5-0 infavor. (Trcut out of room) , 2. Request for approval of conversion of 19 apartments at the Inn at l{est Peter Patten exp'lained that 0rdlnance 28 was an emergency ordinance because Apollo Park had converted employee apartments to timesharing in I978 and the ordlnance was quick'ly drafted afteruard. Patten said that the Inn at l{est Vai'l was the first proposal to come through since 0rdinance 28 was passed. He showed a plan of the 19 apartments on the 4ih and 5th floors and explained that there were also two accomrnodation units on the 4th level that would remain as such as a condition of approval. He added that the units to be converted had never been long-tenned. Morgan wondered if sore other lodge with employee housing could change the employee housing to nitely rental and then ask to condominiumize. ilay Peterson, representing the applicant explained that there were stili 79 accormodation units in the lodge. Corcoran stated that the condo map was two years old, and that the intention to condominiumize was on the two year old map made for the countl. . Donovan expressed concern that this would be precedent setting. Eskwith stated that the ordinance now being considered would state where conversions couldtake place. Trout moved and Viele seconded to approve the condominium conversion at the Inn at West Vail per the staff memo dated 7/21/82 including the two conditionsof approval. The vote was 4-l in favor with l,lorgan voting against, and Corcoran abstaining. t -z- 7/z6tt82 3. Request for ?pprova'l for conversion to time-sharing for Ipanema Condominiums Ap=flTcant: Daymer Corporation Peter Patten reviewed the time sharing regu'lations adopted by the ToV in'1980 and exp'lained tha,t the regulations stated that only in HDMF zone district could there be'time sharing. He explained that at Ipanema there would be interva'l ovnership. whlch meant thit an actiral deed passed hands, and that each time share sales packeage rnuld contain five weeks. He listed the amenities available at Ipanema and explained that there had been a real istic budget proposed. Patten also mentioned that occupancy rates recently surveyed in Vail aveiaged 54i4 for hotels as opposed to 86% for interval onnership. Jay Peterson, representing the applicant, stated that lpanema l{as set up for intenslve use and that it also had many recreational amenities intended for the luxury condominiums. He fe1t that the time share would spread out the use and bring more people into the town in the off season. He explaineg !ltq! in interval wnershiF, each'orher would be paying for the expenses of the whole building. Corcoran read a Ietter from the Vi'lla Cortina opposing the conversion, then answered the opposing statements saying that the Ipanema iand-was the result of an exchange ititr the Fiie Protection oistiict, and wai never on'land owned by the Tom' that there had never been a height variance granted, and that thi.s request.was not.a vCriirlce requist. Donovan'expressed coicern witn lne method of marketing that is often'used in time sharing anil wanted to contro'l the marketing_with a_condition of approva'l and also wantid a condition added that Ipanema could not lease any more'barking spaces. Vie'le questioned allowing this up zoning_when up zoning.wasn't aitowia on [tre'lot next door'(Byrne). Patten inswereci'that this was not considered up zoning because neither gredtir GRfA nor additional units_were.being added, and that furiher, this was the-zone in which time-sharing.Was all.owed, and in this case rould make f6r more effective utilization of the existing units. Vle'tejfelt that there was inconsistency in wanting more intensive riie in this building because he fe]t that the cormission had voted against projects in the past because more intense use was involved. Peterson explained that in this case the facilities were already in place, but they would be more ful1y uti'lized. Viele stated that it just seemed inconsistent. Piper felt that Vie'le's position was well taken because lncreased use would mean increased activity. Patten reminded the members that each request nould be considered on a case by case basis, and that this request seered 'well suited to time-sharing, and that no neighbors woul.d be affected,. slnce there wis nottring but blank waii facing the. neigtbors to the west excepting forja balcony on the top floor. Discusslon folloved concerning whether or not use could be zoned, and Eskwich assured . them that it could. Donovan repeated that one of the conditions should be that none of the 5 remaining surface iarking spaces could be leased out. l.lorgan moved and Trout seconded to approve the conditiona'l use to allow time-sharingat Ipanema per the staff memo dated 7/20/82 including conditions numbered 'l thru I after consideration of the factors on page 2 of the memo and with two additional conditlons--that the rarketing program be approved by the staff and none of the remaining parking spaces be leased out. The vote was 5-0 in favor, Corcoran abstaining. Donovan moved and Vie'le seconded to approve the request for a minor subdlvision as stated in the staff memo dated 7/20182. The vote was 5-0 in favor wlth Corcoran abstaining. -3- 7126182 t for exterior a'l teration an modification CCII Dis e rst tl00r snoDs rn on's PEC.-. v in ilim Sayre revieued the.memo. explaining the iub-area concepts involved. A1an Tafoya,representing Ruoff I'lentworth, the architects on the projett, showed plans and eleia_tiohs. Corcoran remtnded the nembers that the actuai ficad6 would bb consioireaand.dlscussed by the Design Review Board. Trrut, nevertheless, statedthat he felt the design was poor. Donovan point6d out that in-this case there wasq.fi1e line between the decision of the PEC'and the DRB. She felt that the eievations $oul! have been presented shoring the second flooi, is the appearanci of both floors.. logether.wou'ld influence her decision. Tafoya fe'tt that a pebbstriin mitt wis createo.Donovan disagreed, and felt the effect was a negative one. 'a;;ili.fi'agriia"wltn Donovan in that there was a closing off of ttre fott sp"ie. VieTe asked about thegver|:ll design plan for Lionshead ina was to]d thit a'oono election-wii in-itie worrs I9r.tlp next spring to complete the irnprovernents in Lionshdad. Jamar pointed outthat tiere were not plans for that buiiding, but that Study Area #5 wolld go into iflgc!:.r"unins that this buitdins would ei6ntuany ue iorfi d;fi.- Tiiofi iiailarnat tnis was to be an interjm measure. Viele questioned the life of the building $ !!:il!!ed to approve a-stop gap masure. fdtoya insweiea that it rould -oepeia 0n rhen Bob Lazier could afford to implenent Study-Area #5. Tgfoya stated that the shop owners were willing to spend the money to irprove theirstores. Piper felt-that it was important not [o ]ooi< at itre ctriniei-as lirougn-irr6vrere interim only, for many so-calied interim measures in Vajl weie still stindinq. lgrgan-felt that the_parking fee shou'ld be paid by the landlord, and Corcoran.repTiedthat that was sornthiirg thai could be settlid betieen the'landlord and the.tenants. Pg19Y3!_!.t opposed to--the request, because it totiily ciosia oir-t[t-opentngJ-uetween ?!i]9!,ngs: Tlrovg replied that as one approaches the-bui'lding, one,s altentionls cralJn to the shapes. Ore sees the concrete wal 1, cars, and trash. lf.ggq^pvga. and l{organ.seconded to approve the request as per the staff rpmo dated7l20lg2 with the condition.that the iipl'icant will not rimbnstrate against i specialdeveloPrnent dis.trict if and when one ii tormea for Vail [ionstreao. itre vote wisz ln favor, an<l 4 against. The notion failed. Trout moved and lhrgan seconded to approve in concept the request for presentationto the Deslgn. Heylqw uoard and tnen iiidrcate to the'Design Review Board severalconcerns of the PEC. corcoran replted that it was not in the realm of the pEC to suggest specific l$Jgl ,.h.Lggsj,Plt!9n.3greed and pointed out that the PEC hao-io act'on tne specrficproposal' ano'that if.there lgre any significant changes, the applicant had to re-appl,lrr and that also the appricant iouli ask to have Ini'riqueil'tabila. -yiito agreed with Patten. The vote was l-5 to deny the approval with Trout in.favor. : : g e PEC -4- 7/26t82o 5. Request for exterior alteration and modification in CCI District in order to bul tolng. Appttcant: unrtsty sports Peter Jamar went over the memo with the cormission, and added that although the appl'icant wasn't doing anything encouraged in the Urban Design Guide Plan, they were also not doing anything against it. The use of the room on the west side was discussed, and Ray Story explained thatit tould hold a table for lunches for the employees. Piper and Viele stated that they saw no problem with the proposal. Donovan-objected'to further enclosingHil'l Street, since it was already small and namow. Corcoran stated that he was always opposed to enclosing decks. He added that the Plaza Lodge Building had comein 6 or 7 times with small changes, and wished to see one overall plan. Story agreed, but added that the lessee would contine to propose changes indefinitelyunllil the owner finds it econom'ically feas.ible to-compiy. Brad Henry, manager of Christy Sports, stated that he was not creating an obstacle. Corcoran replied that the addition further c'losed down the space on Hill Streetuntil it would become unattractive to walk thru. He added that the owner of the Plaza Lodge building had stressed in previous app'lications that this was a very busy street. Story replied that the Urban Design Guide Plan points out that the ggn-y.-01-like effect could contribute to the streetscape in certairi areas and that1r was not negessari'ly negative. Piper moved and Trout seconded to approve the application per the staff nremo dated 7l2O/82. The vote was 4 to 2 with Corcoran and Donovan against. The neasure passed. t for condrtionat use rmit in order to construct a wintertlme enctosure over t e Lodge at Va SW1rrTnlnq poo e Properties 6. .lim Sayre explained the request and the two sets of conrlitional use criteria. EdDrager, representing the app'licant stated that oniginally the applicant had planned !o usg a bubb'le they already owned in Italy, then found that thil vras not feisible. Now they wanted to change their application to have a bubole over all of the pbol. Eskwith questioned whether the applicant was asking to amend the application. Sayrestated that he would 'like to see the application be resubtnitted with the changes.Patten agreed and added that the staff had studied the application from the siana-point that the bubble would only extend half way over thb'pool in reviewing rheviews.from public spaces. Manyof the menrbers ie] t the same way, and aftei much more discussion of this point, Drager asked to have the application tabled untilthe August 9, 1982 meeting. Morgan moved,-Trout seconded to table till August 9 at the applicant's request. The vote was 6-0 in favor of tabling. uest for amendments to the municipal code Sect on--Lodqe an tion Units to clar word 1nnal 1n nance. Also an es ln commodatl0n u'lstrlc PEc -l7/26/82 on 17.40.0 Condomi n i um to reflect sectron ctear w Eskwlth described the changes, and asked for input. Jay peterson felt thatccl and ccII should be treated the same as the irR aistrict. viele felt theotdlnance was an over reaction, and Eskwith pointed out that it brought about because of statutary request. Patten explained that the staff felt-the need for a comprehensive revision. Eskwith mentioned that he wanted to make morc changes and get more input and asked to table the item until August 9. Trcut moved and llorgan seconded to table the amendrent recormendation untilthe August 9 meeting. The vote was 6-0 in favor of tabling. The meeting was a(iourned at 6:55 pm. o MEMORANDUM Planning and Environmental Commission Community Devel opment Department Ju]y 20, .|982 Conditional Use Permit and Minor Subdivision request to ailow a time- sharing use at Ipanema Condominiums. Applicant: Daymer Corporation TOI,|N OF VAIL TIME.SHARING REGULATIONS t,, TO: FROM: DATE: SUBJECT: tf-:'\ The Spring of 1980 saw the first time-sharing regu'lations adopted by the Town. The oi^din;nces, in general , called time-sharing as a conditional use in the HDMF, pA, CCI ind CdtI zon6 districts, required disclosure statenlents and regis- tration of projects and required persons selling time-sharing to.obtain a license from the Toirn.- Subsequent'ordinairces in the Fall of l9B0 removed time-sharing as a conditjonal use from the PA, CCI and CCII zone districts and prohibited mixing time-sharing units and whole-owned condominiurns in the same building. This ieft the HDMF zone district the only one poss'ib1e to locate a new time- sharing project in the Town. THE REQUqST Ipanema Condominiums are located in the HDMF zone district and are proposing. tb go to an interval ownership pr:oject. This means that each owner of a week wi'lT actually have a deed to itrb pioperty for that period of time and as such, it is a transferable piece of real estate. The other basic form of time-sharing is called right-to-use, where a buyer purchases only the legal right to ogcllpY the unit for-a spec'ified time period, and ownership of the building is mainta'ined by an ind'ividual , partnership br corporation. Ipanema contains 9.luxury condominiutns o? 16,090 square'fbet of GRFA with a'whole floor'of the building (comprising. about 22% oi the floor area of the totai building devoted to common facilities.l The project's amenities include a ski locker room, lounge and bar, saunas with ctrangin! and restrooms and a glass enclosed pool with outdoor deck area. Also conslruited is an office area-of 460 square feet proposed to be used for general administration of the project. There is ample parking provided with l8 spaces (Z per unit) in an undergiound garage with 5 unenc'losed extra spaces at. street. ievbt. The'proposal is io mark6t t[e proiect 5 weeks at a tjme. In other words, a purchaser will be required to buy a package of 5 weeks of time with the weeksspiit, 2 in the winter, 2 in the suntmer and I "shoulder" season week. The application submitted includes a complete and realistic budget recognizing the Iirige increase in costs associated with time-sharing includi.ng maintenance, nnnagement and repiacement/repair of amenities, unit furnishings, etc. Sonte {1 O Ipanema '2- 7/20/Bz of the reasons expressed by the applicant for approving the request are that the proposat will: cause higher occupancy levels and full use of existing facilities' prombte'Vail as a resort by attracting a larger number of people to-the community iword of mouth advertjsing); lessen the cost of a Vail vacation while still dttracting a "high qualityi' guest; provide for excellent management and maintenance of the bui'laing and grounds; and that the building contains a sufficient amount of recreational and common facilities for interval ownership. REQUEST FOR MINOR SUBDIVISION APPROVAL The regu'lations call time-sharing a subdivision proposal. This proposal-involves 'less than four lots and is a minor subdivision. There are no special criteria by which to judge a time-sharing project as a subdivision. The regulations simply provide that an approval for such a subdivision must be obtained. The suUiniltit requirement for this is simply the proposed condomjnium p]qt and related controlling documents. The pros and cons of the actual proposa'l will be outlined in the conditional use section of this memorandum. CONDITiONAL USE PERIvIIT: CONSIDERATI0N 0F FACT0RS: 1.Re.lationshipandimpactoftheuseondeve1opmento@ A. DEVEL0PMENT OBJECTIVE: Provide high quality guest accommodations for Vai'l 's visitors. B. DEVEL0PMENT 0BJECTIVE: Attract "high qual ity" guests in 'l arge numbers to Vail. C. DEVELOPMENT 0BJECTIVE: Efficiently utilize existjng facilities and . accommodations (i.e. high occupancy) throughout the year. D. DEVEL0PMENT OBJECTIVET Public and private sectors work together to create an afforclable vacation experience for the guest. The interva'l ownership proposal for Ipanema specifically addresses and fulfillsall the development objectives listed above. The Ipanema project is brand new' completed late in l98l . No units have been occupied, and the units' common areas and grounds are of an exceptionally high quality. Proposing to time- share such a project provides an opportunity for many more vacationers to have an enjoyable Vail experience. A highly reliable independent studyl of time-sharing throughout the country has shown interval owners to possess high levels of income, education and occu- pation. They have prepaid for their acconrnodations and come with money to :pend.At this point in Vail's history, it would seen to be prudent to attract such personnel to as great a degree as possible, 'l Interval 0wnership Case Stuclies, Vo'lume I, Richard L. Ragatz Associates, Incl for the American Land Developnrent Associatioti, November' 1980. altanema -3- 7/20/Bz 0ccupancy rates for time-sharing tend to run about B0% throughout the year. This'is -ttighur than a hotel and much higher than a luxury condominium used as a second h6me. The reason time-sharing produces higher occupancies is that if an individual or couple owns only a-wbek or two of property, they.will certainly either use it themselvei or rent it-rather than let it sit vacant and waste their vacation investment. The higher quality interval ownership. proiects attract higher quality purchasers, who, studjes have shown, tend to use their own weeks raiher dnan rLni or exchange for another resort. A study conducted by the staff on Sanibel Island, Florida-showed that local businessmen believe the large number of interval proiects there have he"l ped their shoulder season business.r Lastly, the national economic situation has finally shown its effects on Vail. The ririt estate market is depressed because interest rates exclqde gyep pgople of high income from purchasihg a whole-owned condominium in Vail. llith this in mifrd, we must proviae for vacation opportunities and continuing community investm6nt at a nbw, affordable level. 'Time sharing is one method of providing such an opportunity. 2. Effect of the use on light and air, distribution 9f pgpulgljo-n' rlrqnsp-9llation parksJnd recreation facilities and public facilities needs. The relevant items here are transportation facjljties, utiljties, parks and recreation facilities, and other bublic facilities. The interva'l owners .(as a whote) at Ipanema wi'll increase the demand for public transportaion.with.legard to the fown birs system. There's no doubt that the interval owners will utilize the bus stop which is a half-b'lock from their l'iving unit- But, the-location of lpanema bctually makes it more convenient to walk to the Village lifts and thus, will not over-crowd the buses in their peak times. Interval ownership at Ipanema will more efficiently uti'lize the public utilities wh'ich have been installed, but should not in any way over-burden the systems. Time-sharing requires a higher degree of recreational facilities in its proiects. Time-sharing ts'a vacation plan--people purchase to reserve vacation accommodations. Vacationers are extremely abtive ieoite,'and they require reEreEif-ional amenities to meet their needs. In this casb, ipanema's developer provided a very high'level of recreational amenities and common areas for its originally planned intention of whole-owned condominiums. The existing facilities should be able to mdet adequately the needs of the interval olrners if they are well maintained. The proposai will-also create a h'igher demand for other public recreation facilities such'as'go1f, tennis and 'ice skating. These activities a'l 'l generate user fees for their respect'i ve public owners or lessees and should not over-burden the exi sti ng faci I 'it ies . ',Report on Time Sharing Field Study on Sanibel Island, Florida' Peter Patten' 0ctober 22, 1980. tt Ipanerna -4- 7 /20/82o 3. Effect upon traffic, witlr particu'l ar referencc to congcstion, automotivenit-.o''t*T;u.*s' manGi7era5lTiltv and-TenrovaT oF srcw -rrom the streetiair?-paFRTng -areas. One of the most negat'i ve effects of time-sharing has proven to be the parking and congestion problems whjch on-site marketing practices create. Because interval ownership creates about 48 times the owners that whole-owned condominiums do, the marketing of the project is extremely intensive. Considering one in l0 prospective purchasers actua'lly buy (a figure generally experienced on Sanibel Island), a seller may have to attract almost 500 people per unit before he sells that unit out. The obvious problems created, especially on weekends, are shoddy off-site 'huckstering" practices (teenagers soliciting guests at stores and parking lots offering free gifts for a tour of theproject), hard-selI real estate practices and an unmanageable on-site parking problem created by prospective purchasers. Compounding the parking prob'lems are recent practices of offering any interval owner of a project use ofjts facilities and amenitjes at anytime of the year.. The Ipanema proposal mitigates, to a degree, some of these problems. Ipanemawil'l offer only a package block of weeks as described earlier. Thus, a buyer must purchase a minimum of 5 weeks rather than 1, reducing by five-fold the prob'lems just mentioned. This means that there wi'll be only l0 owners per unit with a total of 90 owners. This still means that 900 prospective buyers may have to be shown around the properLy before it's sold out. Therewill be conditions of approval to eliminate the potential problems of on- site parking congestion. Also, no "year-round" anrenity memberships will be allowed. Traffjc vo] ume will be increased, any negative pbtential problems. as a result. 4, Effect upon the character of the area in which the proposed use is to be loEa-IF{ Tfdluii6lnfiiE-uses_ The sca'le and bulk of the building exists and will not be changed with this proposa'l . The character of the surrounding area is predominantly compatible with a time-sharing use. To the north is the Holiday Inn--obviously used on a similar basis only to a much higher degree of intensity. To the eastis the Vai1 Fire Station containing some employee housing and Vil'la Cortina Condominiums. The Villa Cortina is used on a r.reekly-type basis and as suchis compatible. The fire station has 5 parking spaces on Ipanenra's property which are leased. Enforcement of no parking for Ipanema's "customers" must be strict. To the west is a duplex lot currently approved for a new structure to be placed on it. The impacts on this use will be lessened by the designof Ipanema--there are no west-facing outside decks on the building except for the penthouse level . This deck is a 52 feet above grade and should not impact the residents of the duplex. The time-sharing use should not create any unsolvable prob'l ems wjth respect to the character'of the area. but the location of the project mitigates No residential area traffic will be increased Inane55- 7/20/82 licab]e to C 5. Such other factors and criteria as the Commission deems a Ene proposed use. STAFF RECOMMENDATIONS FIND INGS 6. The environm"ntul iTpect repgrt,.oncglning tlg proposed use, if an environ-ffi No EIR is required. The Comnuni.ty Development Department recommends that the conditional use permit and minor subdivision request be approved based on the following findingsi That the proposed location of the use is 'in accord with the purposes of thisordinance and the purposes of the district in which the site is'located. That the proposed location of the use and the conditions under which it wou'ldbe operated or mainta'i ned would not be detr,j.menta'l to the public health, safety,or welfare or materially iniurious to properties or ihprovbments in the viciniiy. That the.proposed use would comply wjth each of the applicable provisions ofthis ordinance. wir'r-be a benerit to the community by providing a high ffi.iffi;::li#[SliiSlfacil'ity'for the kind of guest which-the Town ilishes"to'attrait. itre-piopoiafJrEets.the requirements for a good'interval ownership project in terms bf iesign,amenities and.parking provisions; The location is i'lso i good one for tntervitln that q hisf level of transportation service will not be-needed because onecan easily walk to either village and many Town facilit'ies; etc. from the site.ln'ls proposal has the potential to meet the development objectives of the Townas outlined earlier in the report without creating any negitive aspecti. ' Conditions of approval are as follows: Marketing_efforts shal'l clearly indicate that parking at the project site !: tgt. allowed for prospective-purchasers. poleniiii 6uyeis ind-visitorssnall be directed to drive to the parking structure and lhen walk or bustl tlt site- .The applicant may usb an aTternative nreirroa oi eii*initinson-site marketing and_visitor" parking congestion if approved in writing-Dy tne Department of Conurunity Developnlent. 0n1y the current (at any one time) occupants of the condominiums and theirleglllmate guests may use the common areas of the facilities, No recreationalamenities memberships to either other interval owners at Ipanema or otherprojects or the public in general will be allowed. t. 2. nemaoIpa -6- 7120t82 person availab]e onunit is occupied. 3. The project must a 24-hour basis have an on-sitemaintenance/manager at the time that the first interval 4. li'lanagement ahd maintenance shall be provided substantially according !o thq budget-submitted for this proposal. such budget ii in memorindumform from Paul Johnson !o.:sy Peti:rsbn dated June 15;'l9gz. Any significantdeviation from the provisions of the budget sha'l'l be required t6 be-submittedto and approved by the Department of Conrnunity Deve'lopnrint. 5. The.Ipanema project shall be marketed on the five week package as outlinedin this memorandum. Any significant deviation from th'i! plan shall. require. Planning and Environmental Corunission approval 6. Pursuant to Ordinance 36 of 198b, no mix of time-shring and whole-owned condominiums will be al'lowed. 7. A minimum rijht of recission period for buyers shall be 72 hours. 8. No change to a right-to-use type project will be allowed. It must beinterval ownership. ti MEMORANDUM Conditional Use Pursuant to Section L8.20.030 of the Municipal. Code of the Town of Vail, tirneshare estate units, fractional fee units and timeshare license units are allowed as a conditionaL use in the high-density, multi-family zone. Purpose of the Conditional Use: Because of special characteristics, conditional- uses require special review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process is intended to assure cornpatability and harmonious development between conditional uses, the surrounding properties and the Town at large. Uses listed ae conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town rnay prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Criteria: 1. Relationship and impact of the use and development objectives of the Town. It would appear frorn staff corrnents and Town Council comments that s an objective of of Commercial Core II is the as a consequence, a very low the Town of Vail. one of the complaints Iow occupancy of existing facj.lities and' activity level. Ipanema is currently completed but unoccupied. Theoretically, the project as intended (nine condominium unite with nine separate owners) could be occupied 100* of the time and therefore would satisfy a Town objective of a high occupancy Level. Ipanema, as a condominium project. would therefore differ little from the proposed timeshare project. From a practical standpoint and as experience has shown in the Llonshead area and other areas of the Toltn, and, to the contrary, they may be occupied only 108 to 20t of the year. A timeshare project, however, has a much higher occupancy rate because each owner of a certain timeshare interval , in all likelihood, will occupy it for the period of time which he has purchased. Another Town obj.ective is t and to bring new people to Vai1.The timeshare project opens up the t wilL have an interest in Vait. Rather than one to four different people per condominium unit, there may be 40 to 50 different people per condominium unit staying at varioustimesoftheyear.Experiencehasshownthatm from people who have come to Vail and experienced what Vail has to offer. A further objective of the Town of vaiL is totE For a person to purchase a condominium unit and to rnaintaln such condominium unit is becoming prohibitive except for the very wealthy; and, therefore, the number of people investing 2. in the Town of Vail is diminishinq, Vail. People once again be would appear be able to afford real so. The financial and that times are changing in the Town of estate in the Town will- real estate market from the past decade who used to abl-e to do to indlcate and that Timesharing, while not a universal cure-all, would certainly aPPear to be one of those avenues. Another Town objective is lllllll.rhich vail has been so proud of in the past.Two years a great dealago, when the tirnehsare ordl.nances rdere Passed' there was of -ntheTolvn this assumption to be correct and, Experience has not shown contrary, of Vail. on the Town. to the of hish to our Another objective of the Town of VaiI is to find a way d kept to standards of Vail. Because of a low occuPancy rate of many in the Town of vail, the Town has experienced of existing properties. The higher d the higher number of owners- and it is also the occupancy for good G service, good Experience maintenance and general has shown that buildings 3. with lower occuPancy levels experience problems in providing these services because the owners of such condominiurns only see the building of which they are a part a very Ehort time each year. With condominium dues in several luxury condominium projects approaching $1,000.00 per month, it is not hard to understand why the properties are starting to deteriorate and wh 2. Affect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities and other public facilities and public facilities needs. There will be no effect on light and air inasmuch as the structure is already completed. Timesharing will also have no effect on schoole inasmuch as each owner only occupies the unit for a short period of time. Timesharing wi1l, however, have an impact on transportation facil-ities, parks and recreation facilities and other public facll.ities, as there will be a .There is an indoor swimmj-ng Pool, fountains, saunas, public showers and two creeks flowing by on the west and south sides of the property. Timshare owners, however, will obviously use the golf course and tennis courts in the summer and the ski facilities in the winter time. In a1l likelihood they will also takeadvantageofthefreepub1ictransportation.ffi d, in order to maintain those services currently beinq provided by both the public and private sectors, -. Timesharing Provides this. 4. 3. Effect upon traffic, with particul-ar reference to conqestion, automotive and pedestrian safety and convenience, tr+ffic- fl-ow and control , access maneuverability and removaL 6f snow from the streets and parking areas. Timeshari located at the begi-nning of a dead-end street however, Ipanema is and thererorll Once the occupants have arrived in Town, there AIJ- najor sports facilities, except for within walking distance of the tirneshare the golf course, are located units and therefore there should be little effect upon traffic or traffic congestion. l-It with a heated driveway and heated pedestrian paths to the building. Removal of snow from the service parking if it were a straight condominiun project. 4. Effect upon the character of the area in which the proposed use is to be located, includinq the scale and bulk of the proDosed use in relation to the surrounding uses. areas is no different than Ill --is located to the people using such facilities on a daily which would be identical- to our useage. rh north of the and weekly or To the east property, with monthly basis, of the property is which are also used on a weekly type basis. 5. 5. Such are the factors and criteria as dhe comnidsion deems appllcable to the proposed use. ; i6. No environnental inpact report is required by Ohapter which in the future wilL, in aLl likellhood - 18.55. 7. The current owner of the building is the appli there are no owners of existing units within the project whi not conEented to the tirneshare proposal . JKP t and have 5. c J TOWN OF VAIL, COLORADO Public Offering Statement 1. Developer: Daymer Corporation, lil .V. ,a Netherlands Antilles Corporation Address z c/o Jay K. petersonp. O. Box 3149Vail, CO A1658 Units: " Units 1 through 9, inclusive, Ipanema Condomini.ums 2. General Description: The units range in size from A11 units have private decks,1,095 square feet, with fourceiling area in a portion of 1,518 square feet to 3,787 square feet.ranging in size from 88 sguare feet toof the units having a double highthe unit. One unit has a vaul-ted ceiling. 3a. Unit No. Bedroom,/Den Baths No. Sq. Ft. Deck Area Double Highor Vaulted Ceiling Yes Yes Yes No Yes No No No Yes 4 3 ) 3 3 3 4 3 4 L 2 3 4 5 6 7I 9 4 3 5 3 3 3 4 3 4 227L,1518 2427 'L857 2085 '1861 2L98 . 18s0 3787 4t€, nez 74/1.5. 7 22L88t.4 I61L. BBL'> 78 "- 88a?togs/.< au' Office: There is an area A Gross acconplishResidential Floor Area variance is needed to this. It is Amenities: Circulation: Corridors, StairsElevator, Mechanical Rooms, Conmon Storage Parking: Sguare Footage 406 t226 452:r7{74 Units one through The maximurn number - 4587 nine, inclusive, will be timeshare. of units that mav become timeshare 3b. 3c.units is 3cl. 3e. I- It is anticipated that timeshare units will bellll 4. A Contract. to Purchase will be when he decides to purchase a timeshareattached hereto and marked Exhibit A. Aphotographic record (standard form) will executed by a purchaserunit, a copy of which isgeneral warranty deed for be used to transfer titleat the time of closing. Such deed will transfer . A copy of said deed is attached hereto 5. A projected budget for the timeshare units is attached and marked Exhibit C. 6. At this time the developer does not anticipate that any services or expenses that. he pays will become aL any subsequenttime a conmon expense of the timeshares nor are there any projected corunon expense liabilities attributable to each of those services or expFnses for the timeshares. All expenses are reflected in the budget. and marked Exhibit B. 2. 7. No initial or special fees are anticipated other than normal or customary closing costs. 8a. Two leases will encumber the property - (f) A ground lease to the Vail Fire ProtectionDistrict for five ouLdoor parking spaces. (2) A ground lease to the First Bank of Vail forthree outdoor parking spaces. 8b. Restrictive covenants which do not contain a forefeilureor reverter clause, as contained in the instrument recorded January 9, 1963 in Book I74 at page 431. 8c. An encroachment by a concrete along the southerly property line. patio into a utility easement 9. No financing is being proposed by the developer at this time. 10, See the Purchase Agreement in connection with any terms or significant limitations of any warranties provided by the developer, including statutory warranties and limitations on the enforcement thereof or on damaqes. 11. There are no judgments against the develoPer or any Association or any manager of the developer. There are no pending IawsuiLs material to the timeshare units of which the developer has actual knowledge. 12. Any deposit made in connection with Lhe purchase of a time- share will be held in an escrow account until closing of the transaction. 13. There will be no restraints on alienation of any portion of any timeshare. 14. A business owners' insurance policy currently is in effect insuring the building in the amount of 53,200,000, which automatically increases 2t per guartert $100,000 for personal property (this amount will increase to the actual amount of all personal property on the premises when it exceeds $100,000); $10,000 mgney and securities loss, on premises, and $2,OOO, off premises, $1,000'000 each occurrence firerllega1 liability, $1,000 each person and $I0'000 each accident for medical Payments. 15. No charges will be paid by timeshare owners for the useof any facilities related to the property except through normaLAssociation dues. 16. No timeshare unit will become subject to a tax or otherLien arising out of claims against other timeshare owners of the same timeshare unit. (See Declaration for actual details regardingthis. ) 17. There are no unusual or material circumstances, featuresor characteristics of the property. 18. The developer is not participating in any program for the exchange of occupancy rights among itself or with the timeshare owners of other timeshare parcels or both. The Association may, ata future date, undertake to provide such a program if it so desiresi however, the developer has no commitment or obligation to do so, nor has it committed the timeshare owners to do so. 19. A11 structural- components, and mechanical and electricalinstallments were substantially completed in the faIl of 1981 andare currently under warranty until the fa1l of 1982. AI1 installationsare new and have not been used except for testing purposes. 20. No representations or warranties are given regarding tbe useful life of any installation except what is given in the Purchase Agreement. 2I . There are no out,standing notices of uncured violations ofthe building code or other municipal regulations. 22. THE TRANSFEREE OF ANY TTMESHARE UNIT SHALL HAVE THE RIGHT TO RESCIND THE TRANSACTION UNTIL MTDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE CONSUMMATION OR CLOSING OF THE TRANSACTTON OR DELIVERY OF THE DISCLOSURES REQUIRED BY CHAPTER 5.01 OF THE VAIL, COLORADO MUNICIPAL CODE, WHICHEVER IS LATER, By NOTTFYING THE DSVELOPER IN WRITING OF HIS INTENTION TO DO SO. SUCH NOTICE TN WRITING MAY BE DELIVERED TO THE OFFICE LOCATED AT 88 WEST MEADOW DRIVE. .WITHIN TEN DAYS AFTER RECEIPT OF A NOTICE OF RESCISSION, THE DEVEI',OPER SHALL RETURN TO THE TRANSFEREE ANY EARNEST MONEY OR DO9IN PAYI.,IENT GIVEN BY THE TRANSFEREE TO THE DEVELOPER. ! J !. Association 13 udge t June 15, 1982 By understanding El-re basic expenses they'J-1 be clianged by higher volumc describes tlte baseline cxpenses of ownership. Bn-sILli:n ASStttrTlONS , i L nr:ly irr,r:or:rc e;tsic r to see r.Jhere ancl st.rv i ct, l.cvc Ls . 'fhe f o.llowing thc bLril cl irrg rrndcr rrny f orm of acc j.ve clectriciEy. The sEructure is s t.cel post lntl bcanr, poured in place concreEe. Sundecks are membrance coated rvitlr no cviden! leaks afEer a hard winter. No particular extra ntaintenance rc<ltrirerl due Eo high snow year. Low maintenance redwood exterior. reci rcula Eing a DoverlllllJ(hydraul ic), II -) - t- The building incluclcs - Capital Reserve/Replacelrent As s ump rrl o-]!g- - Asphalc pawing - l0 year 1ife, current g rcl)L.rcernent - Saunas (2) - f0 year life, current $ replaccnrcnt - Pool pump - 4 year life, current. $ replaccnrent - Jacuzzj. pump - 4 year 1if e , current- $ rLrpl ircLlt:Lrn L $20,000 6,000 3 ,000 3,000 Box 7, Vail, Colorado 81658 / Vail Village Of f ice 303/476-4500 - Vail / LionsHead Office 303i476-3393 Avon / Benchmark Oftice, Box 583, Avon, Colorado 81620, 303/949-4404 / Toll Free Denver Area - 571-5594 KL: DATE: VAIL ASSOCIATES REAL ESTATE,INC. MEMO: Jay Pe Eerson FROI.I: Paul Johnson 'fhis nrenro addrcsscs Condorninium l'rojec! project- because of on11, llvo evcncs: lffi for'lpanema as a sulrsequenL Ltr whole .nic s.lcs, ancl -f s ri(,quL.ntiltI analysis.is rr:rr.fLrl i.n.,l'ff|!! - thirn llr<tsc f()r .r (t ()n vclr Li orrrT-c onoomrnr un \ Memo to Jay Peterson June 15, 1982 Page 2 Ca p i t a I Re s e r ve / lle p I a c e.f e n t_ 4:S_glttI_i-gl_s- _(-tlt p. L_ i 1-19-Q - Garage access - 4 year life, curren! $ l:cpIar:cnte nt - Fire alarm syscem - 30 year life - HeaEed walkway - l0 year life, current lj rcp Laccment - Elevacor - 50 year life - Pool surf ace - 5 year 1if c, currcnL $ rt':;ttr[';tt'r: - Inunge furniture - 5. year Iifc, currcnt I replacenlent ToEa.l Yearl)/ lieserve - adjust yearJ.y for inflation Xgi11!Sf f tL"-.__Rese_r-v-e - St.ain exterior, sLucco pat-ch urld p:rinL - i.r vl;lr life, current cos E - Pool cleanup, sysEcm prevent.ive maintcnunc(' (yc.rrly) - ElevaEor maintenance & inspection (ycarl-v) - Irrigation sysEem shutdown & starEup (ycarlv) - lntcri-or painEing, common area - 5 yerr 1i['cr, curren! cosE - Fire & life safetv insoect.ion & mainle nirucc Total Yearly Reserve - adj us E yearl.y for inflation $ 8,50-q Power ,C_._tt:-$949.I - Pool heaEing, pumping :ur<l [ilLratiou sysEems, incerior conmon area heacing and lighcing, saunas, c>;Lcrior heaEed walkway, garage access systenr, elevator operaEirrn, ptrllli c b;rLlrroorn l)oE water, and Eo a minrlr cxtcr.rt fire, irrigaEion, and occasiorur I t:lcrning equipr[ent wiIl con- s unre r: rre rg,y in the b ui lding commoll areas , 1. ) Landscape maintenance; 2.) Conunon area cleaning and janitorial; 3.) Sccuricy; 5.) Irrigation syslen operaEj.on and mainEen:rncc; 6.) Snow removal; 7.) General building & operaEional preventivt' nrair.rtcnance; 8.) l'c'tfy cash accounfing and rcporEing. $ 2,000 5,000 5 ,000 5 ,000 $ 7 ,100 $20,000 500 1,000 500 10 ,000 500 -- General- accounting of rcccivablc:s lnd payables for subcon- tracccd nainlenance items, capital expenditures, ()n-site management company charges, petty cash audiE, budget calendarizatiorr and nonthly reporting, associiltiolt dues billing and rcr:cival>Ics nraniriiclncllL, quarcerly meeCing reporcs/minuEes, and financial !li1l,lggng,.!l t by cxccrp Lion and reporEing will bc l'lemo to Jay Pe Eerson June 15, 1982 Pagc 3 Legal - Once the Associa!1on has asslrrancc:i tll:rt i.t is duly constituted, it will require sone amounE of indepcndcnt lc1;itl advice to be certain it compl-ies vriCh j-ts gcneral reporting (IRS and Sr.ltc) requirements, as well as occasional f iling of li-ens, and legal arlvicr-, regitrding owner, subcon- tractor, and association claims, appropriate iu:;trrlrr.rce 1eve1s, etc. - 'Iire BOI) nra clroose Lo n)L,rr i l-r(r(luently or inf requenCly and the manner of suclr control rvi.l L be uD co the individuals on the BOD, and existing associ:rLion b1'Laws quarEerly (5 memb ers ) . BOD will- mee c ContracEs - In addition to Ehc 1egal, accour)L j tr1i, lrntl properEy manag,enent. contracEs, cer tai - l'rash removal; r.riLl lrc fcrrrtrired. fhese include: Fire system inspection and mainEenanc.e; l.Jater and sener contracts lIrrigation sysLenl inspecEion and maintcnancr-'; Fi re, propercy, liability insurance; Te lephone ;lilecrrical (discussed e lsewlrc rc ) , OEher ExpgndiEures - Srnall lools and equipmcnE r,,'iLl include lar^rnmowers, .vacuums, polishers, garden tools and hoscs, slrovcls, srlow bl-owers, rakes, hand tools, etc. Gas and oiI will bc re<qui re rl for Lllc property nanagerts truck, and association equipmcnt. Chenrica.ls irnd oLIrcr pool supplies, Iawn supplies, cleaning supplies, and misct'l. Ianeous cif fice supplies wiJ-l also be required. A baselinc budget wlticlt asstrnrcs a norma-I ()(:cul)iul(:y irnd resuLtanE expenses is presenEed for discussion br:lorv. Any expr.'rrdi trtrcs caused by Ehe Eime- slraring use and ownership of the building ilro ciiscLrssed in subsequenE seclions of Ehis leEter in a ntarginal analysis. lN1'lil{vAl, ASSr.rflPTl0Ns v Memo Eo June 15, Page 4 Jay PeEerson L982 :The following discus;:; ion prcsulll)oscs a basic inEerval ownership sys tem Eha t runs we11. Lt ,/O\^rllCfS O f oWllLl f:i c l{tlt] S f.S ; nc J. udi r-rg i n urri- Es t al-so be expcr:t-cd tE and consume more and controls, s onre i Eems do of freeze/chaw wi l-1 be req ui red as wi thin the conc e rn ,fi re mus c ecomes a blg tinre consumer; il- 1 i ncreas e charges (now being conver Eed jaeuzzL pumps, garage concr()ls nnd motor. noC i.c. deLcrior:r!ion of asplr:rIC paving is cycles than use aE this frequcncy. ILS W Sauna heaters Surprlsingly, more a funcEion wj 11 beconre Ehe managerrs must be carried for liabilitv and rnvenEory managemenC wi clr use ; co an ils used billin basis) wi 11 be A sysEem allowing oucgoing credi E carcl ancl collcct calls and inconing calls rrithout front desk scrvice is available. A }iobj-c systern isavailable which allows central billing on a daily basis. A celetypeunit in Ehe managerrs office w111 be rc<1uircd. Other sysEems will be inves tigated; -f lhe projecc by reserves must be accommodatecl . -time ; handled for each uniE an r llemo Eo June 15 Page 5 Jay Pe te rs on , 1982 -EmusEbeprovidedint|lctluilcl'irrgforowners'persona1 ef fects ' This does not have to be a. inrnre.scr ilmo un t. of space, butshourd accomnodate storage of skis, boots, po1es, oEher sports equipment,clothi"ng, and sma1l personal effects. expenses and generated ir.r ! are p robably a ca re go ryIi. t tle inaccurate in anv CAPITAI, I;XPENDITURTIS Furni Eure ,sold co [he may be some dishes , utensi ls ,indlvidual owne rs etc. tvi l.l be Purr.lriri;cd lrv r,'/llc11 tltcy put:clursc Lltc i r tax view Eo doillU iL one tirc developer and interval. the re ttay o r ano tlrer ,advantage from a Howeve r , Kitchen ware, place setcings, utcllsils, cttc.Furniture 0 95,000 per room (excl. kiEclrcn) x 45 rooms Deck furniture @ 91 ,000 per deck Linen @ 9250 per room (2 sets queen) Towels G $155 per room (2 sets per person) To ta1 10% lnvenrory 'I'o t a1 Including Invencory - - Furniture reserve, 10 year average life- Carpet reserve, in-uniE, 8 year averagc lift:- Carpc t rese rvc , common area, 4 ycar avc, r-a1ir, .1. i f cr- l-inen, towels, 2 year average life - Kitchen ware, 5 ycar average lifc Total Year1y lleservcs (UniE ItelaEed) $ 20,000 t z) ,uuu 8 ,000 7 ,000 4,34O $264,340 $ 23,300 7,500 3,500 s ,670 If llasel@tri llcscrves accounE for $7,100 ofYllrly reserves. 't'his should be i'creasecl to .;:proxirnatel-y f|II -o account for wear ancl tear on lar:uzzi pumps, switches, andElle garage entry system. MainEcnance rescrv.s :rr. $fr,500 yearly under theBaseline Assumptions, l'his should be incrc:rscd lry 92,000 co reflectincreased pool, elevator, and painCing maint_t,nauct, efforts Memo to June 15 Page 6 Jay Pe Eerson , rgg2 While tlris conEract expense cacegory, Il Ehe caEegory Semi-Annual Uni C would bc inc.l udt,d rrudcr ve choscn to kc('p track IlainEenancc lixpenscr. clle property managemen of it separately under Semi-Annual Uni t ensc - As d i:;t'usscd .l ater - upholstery and carpet cleaning, drapery c1eaning, washing and waxing floors, replacement of broken trin, caulking, re -h.in13in1;, eLcr. Approximacely $500per year should be adcquaEe for this r:f f ort. [or c,lclr unit, orl|D - lie co gni ze tha cc bclow). Contrnon wi ll rcqui rc traffjc (both pedestrian and auco)ii-rc rc as c . :1rc.;ls will The cos ts Manager underor this individual will be abouc rhe a.s for t.he Property or tne EasKs assoclated under the The Association 3 ase l ine ll rrdge t Manager will pick up many \ri t l) accoun!ing, Specifically, Check-in and regisEration; Coordinacion of rnaids ; llillings for phones, unscheduled naid scrrvicc, ocller concierge services, association dues, rnaintenance charges, unit opcrilting charges; Payments for all serviccs supplied by outs.idc contractors to individual units and the association (water, ser,Jer, t'lcctrjc, nraids, erc.); Itaincaining Ehe books of accounE and back-up records; Annual budget proposal to BOD, and budgel _vs actual reporting on a monthly basis; Admj.nislration of awards and supervision of subcrontracEors; Minutes of quarterly meetings; Spcci irl p roj ec ts for l!oarcl ; including g,rcafer.lttenCion lnventory and inspection aE clieck-out Thc Association nlay wisl.r !o cut salary in exclurngc for the uniE ?r Memo to June 15 Page 8 Jay Ie te rson , 1982 Capltal expendi cures Unit furnishings Telephone PBX are increased as follorvs: s29O ,7 40 15 ,000 _q!gs,L1g These expenditures will have to be pi ckcd r_rl on tlre front end by the developer, Uni c AllocaElons - This is a good comparison and, givon a '[cneral accuracy of cire above numbers, would shake out at f panema as f ol..lows in ,,tixhibit C,,, "Association and user lrees, proratedrr. 'l'lrc r:.nparison shows no weighcingfor selling price (alcliough this may be appnrpriate), nor for creaning weeks (which rnust be allocaEed co che other wceks) . 'l'hey are incended tobe generally accuraEe for discussion purdoscs. - 1. Oi verr my previous analysis, Bc c ause package" murke t in of Ehc viz a lowe r viz a wcck anticipaEed costs ol' se .l .l ing Ehe "5 week i.nEerval regular inEerval; lnd given the high costs of - rl l inlg:IaI packi.i1,,c",,,'r'. *'Ir.,., E ccrtain other costs wil-l- be charged at tlrc pro.ject during an individuals sL;iy. These includc nraid servi ce., con('i('rll(' scrvi.ces, grocery services(if any), elc, This study does noE rccognize tlrese except to st,aEe th:rt they will be an added "llotel Typc', clr:rrge. These will be in the neighborhood of $60 per week for each condominium. since che cleaningis only mandatory at departure, the figure could run becween $60 and $850 (daily service) for a two week stay, and is cherefore excluded from consideraEion as a base charge. 'l'his nr:ry noc be the besE rray tolook at iE, but we can revise ot1 the next g() round. v Ilemo to June 15 Page 7 Jay Pe Eerson 104, r-r- - This person will handle typing of receptionist duties. In addi cion, -rhich rvill be taken in litc sunulc,r-,/spring/or fall - 3 weeks ToEal cost of rhe back-up individual and rcceptionist are es timat.ed as: - SecreEary/rccep ti onis r 97,500- Vacation replacemcnE _2J!q $10 ,000 A one t j.me capita.L experxli turc for a llobic sysEen will be required. Since nost of llre llount:rin llci -l sysl-elns are renEal , this shoul-d be a minimal number. Ongoing sys Lcnr r:or; L lr:rs bccn StrlAC'ed at $100per nronEh. The system capabilitics will ltavcr to.incl.ude eiClier a PBX, or at leasc a Hobic Sys tern on calls madc f rorr cacli ur]i t. t-- Although owners' storagc is nrrl orrlinarily provided in anj.nEerval projec!, Elte rclaEively suraJ I nurnl:er of olners and long durat.ion of Cheir use may allow us to accornmodate, uwllcrs' desires to some exEenE. This is di-scussed furEher on in Ehe Droaram. -- The rnain expensc of tlre individual unics will be I--r""-a-To=i-1Fa t ing and runling nppIirrnr:es. AlEhough rhis is a' direct owner expense, bi1lings, minutes, eCc., and covered on a per unit basis each year I !en Dleccricity (91 per sq. fr. yearly) Cable TV ( two hookups) lij. rcwood (4 cords, 990/each) Co n ren t.s Lnsuran<:e (920/mo.) Telephone ( two extensions) Total- Unit Costs Per 19,783 sq. fr. ( $1.45 sq . ft. ) Civen che above assumplio Spr-ci f i (: exl)etlses wlrich mus E inclrrdc: , Pcr Uni t be To cal $20,000 1,514 3,240 2,160 r,900 $28, i14 ns t ead The other volumes $45,000, $500, and, 168 360 240 20 csc:ribed in "Exh ibiE A" Ln analysis o get in a sunmary form shows that of Ehe appro of by each owner, and are Elrerefore inclrrde d in $48,800 of budgetary increases directly relarc hlgher rnaintenance costs of common areas $2,000 operating costs of the central phone systenr. the hudge c . L o :1c coun t it'rg , added Iegal I'lemo to Jay Peterson June 15, 1982 Page 9 4. This Incrno is for discusslon. It is noL ;i "ljillirI" budljet, l^Je obviously should question every a.ssumptir>n and r:rrL 1rar.l.: wlrcr rc possible. It is the order of magnitudc !hat is r€:lc'vant, ;rr.L,l in LItlt sense, the studV hercin is probably f a:i-r1y acc:uraL(,. " EXtlt.B t 'f A" IPANDI"IA CONDOI"JINlUI'l ASSOC i N'I'ION BASELINE ]]T]IX;I11' 1982 DOLLARS Rg-:s:-vgl-: Capital reserves (sec cext) Iliain Eenance reserves isee text) Total OperaEing Expenses: BOD fees ($100 Mtg. , 5 people, 4 t-imes yt:irrly)' i,e ga1 Accounting ($300 mo. ) Property managemenE conEract (a1so inc lrrdt:s trpt. )Contract maintenance: Swimming pool ElevaEor Irrigation systen Fi re sys lem Mi s cc l laneo us 0fher con L rac Es : l.late r and sewer fees Trash removal I nsurance Power consump Eion: 15,553 sq, fc. @ $I.33 per sq. fc. Swiuuning pool, j acuzzi , sauna Small too 1s Supplies To ta1 Baselinc B udgc t. $ soo I ,000 500 500 ___L199 3 ,000 4,000 _L-qqq 20,000 14 ,000 $ 7,loo 8,500 $15,600 2,000 1,500 3,500 18 ,000 4,000 13,000 34,000 500 1 ,00! $93,200 F-r=-''--- I ''E)CIIBIT B'' IPANEMA CONDOMINIUM ASSOCI A'fION INTERVAL BUDGIlT 1982 DOI,LARS Revenues: Capital reserves MainCenance reserves Total Operating Expenses: BOD fees Legal Accounting Property managenent conCract (int:ludes apt,) Janl tor ContracL maint.enance (see Exhibit A) Semi-annual maintenance (units) 0Llrer contracts (sec lixhibic A) CenEral phones Unit conErac Es I'ower consumption (see lixhibit A) tr-.1 r -^.,^-urrr L Pvwcr Sma1l tools Supp 1i es TotaI Int.erval Budget $51,070 10 ,500 $61,570 $45,000 18,000 4,000 _qr_5!g 1 3 ,000 1,200 8,714 34,000 _?9-,_q9g 2,000 2 ,000 3 ,600 6 3 ,000 8,500 22,9L4 54,000 500 I ,000 $219 ,084 '23{x&:4wl " tixil il] I 't' (],' 1pANtit"lA CONl)Ot'llNLtJIl,\S:iO(lt A't'i oN r\SSOCI .\l'10i'l ANI) USLiR l:lltiS , i)]oti.\'t'l:i) IlONT'llt,y Unit il Sq . 1,'t . !.1 ,Lotl_.s_g 2,27 I 1,5rB 2,393 I ,836 2,105 1,840 2, t93 1 ,8r0 __l-, /_'!] 1 r9,783 i\ssr:c. liee s -1 ,357 907 ),430 1,097 r,258 r ,100 I,31.t I , _100 ) ,254 IJaselint: Budgc t Pr:oraLcd $ 892 596 940 721 u26 722 86] 122 _j | 4ti7 5e.1, ?Q0 lntcrv;rl- B udge E Prorated User Fe es 1 2 3 ll 5 6 7 D 9 I'o t:r I l'1()nth Ly To ta-L Y ear 1y $--1_,i!1 $ 738 494 778 597 685 598 7t3 598 --!-,?:2, $ 6,433 $ l4l ,-8_E1+s't7,?!Lq PI.ANNING AND ENVIRONMENTAL COMMISSION ,July 12, 1982 ilim Viele l{ll1 Trout Dan Corcoran Scott Edwards Dlana Donovan Later: Duane Piper .lim llorgan STAFF PRESENT Peter Patten Peter Jamar Jim Sayre Larry Eskwith Betsy Rosolack COTJNCIL REP Bill blilto t for exterior a'l te tion and modification for One Vail P]a Peter.lalrnr explained the request and added that still to be received was approva'l in writing by One VaiT Place condominium association, othenrise the staff was recormending approval with the three conditions 'listed. After discussion, Vlele moved and Edwards seconded to approve the request with the three conditions and on condition that a letter be received from the One Vail Place association. The vote was 4-0 in favor with Trout abstaining. uest for converion of 19 rtments to condominiums at The meeting was called to order by Dan Corcoran, chairman, at 2:00 pm. l. Approval of minutes of June 28, 1982. Viele moved and Trout seconded to approve the minutes. The vote was 5-0 in favor of approval. Jay Peterson asked to table until July 26. Trrout moved and Edwards secondedto table. The vote was 6-0 in favor bt taUting. (Piper arrived.) 4. Beqggst for gpproval for conversion to time sharing for Ipanema Condominiums. Jqy Peterson, representing the applicant, asked to table to July 26. Donovan noved and Trout seconded to table. The vote was 6-0 in favor of tabling. PEc 7r/82 -2- uest for exterior alteration and modification in CC2 District in accordance or convers a Ewo-s ums to re Peter Patten mentioned that they had just visited this site and explained the four conditions the staff felt shou]d applyjf the request were approved. Fred Hibberd stated that he had no problem with conditions 2 or 3 but questioned #4. Patten explained that there had been a number of spaces designated when the bui'lding was constructed, (fewer than would be required now), and if any of these parking spaces were converted to retail, a parking fee must be paid. Donovan wondered if there was anything to prevent all of the parking spaces from belng converted to retail, and Patten stated that a parking variance would be needed. Hlbberd explained that no parking spaces were designated for the condominiums as opposed to the retail space, and that he did not want to mark the two spaces as sttch. Trout moved and Piper seconded to approve the conversion with the 4 conditions as listed, but #3 would read, "The ramp spaces musi be painted and designated as parking spaces." The vote was 6-0 in favor of approval. 5. Request for a conditlona'l use permit ilr a Public Use 0istrict to allow the Peter Jamar showed the site plan and a plan of the batting cages. Discussion followed concerning the fact that the structure was high (started 4 feet above the ground), the fact that ther:e was a sewer easement underneath it, the suggestion was made that the structure could be a temporary one. Steve Buis explained that there had to be a slope for the balls to ro1'l back down to a collection point. Pat Dodson of the Recreation Department answered questions concerning the management of the cages, stating that the town wou'ld enter into an agreernnt with the owner as to hours, etc. He felt that the concession would gpnerate do1 lars for the recreation department, and that the cages would alleviate the need for batters to have room to practice without using too much space. lfhen asked about the sewer line, Dodson stated that they were not locked into thatslte. Corcoran rep'lied that the application was for that specific site. Dodson stated that the concession had to be put up soon, or the season would be_nearly over. Trout asked if the structure could be a temporary one with possibly canvas, sleeves and pipes. Dodson answered that he had done that with certain tennis courts, and found that the life expectancy of the material was cut about in lalf q: opposed to 'leaving the fences up. 'Buis added that one reason for starting the building 4 feet above ground was for security reasons. There was more concern voiced regarding the permanency and the height 9f the structure. Buis stated that if he were to lower it, a concrete s'lab would be required, and that the design was as attractive and functional as he could make it. Trcut moved and Piper seconded to table the item and request the applicant to resubmit wlth an alternativi structure. The vote was 4-2 with Corcoran and Donovan against. Or, tltz/Bz -3- Code redefini the use roveorln oste .lr*i st for several amendments to the Vail Munici nltlons ano "room on untEs. a roomlnrm ren Town o "illm_Sayre led the discussion and explained the staff's position that the definitiongl |et!!.y should not be revised froir the last meeting. 'Edwards felt that Section 18.58.310 should be left in the ordinance to put teelh into it, but he felt thatthe town should not dictate the number of people who cou'ld'live in a dwelling, because if they create a nuisance it can bb hindled through the other town oidinances. He added that he didn't feel the government should tell who could.live in a privatedrelling. Trout agreed. Discussion followed as to how the town cou'td enfortethe use of a single fami'ly or two-family dwelling'as a rooming house or a hoste'|. Blll llllto felt that the definition of a family as stated was unenforceable, andthat the town shouldn't discriminate against rinters vs owners. Patten emphasizedthat everyone uses his GRFA or square footage to the limit, and that inteniity ofuse was the concern of the staff. He added-that unless the zoning coile couTil-betflhtened up with definitions, the town was handcuffed in enforcetent of situationsIlke the one on Forest Road. He added that about 501, of the laws were used ona.complaint basis only, and that the staff had received many calls complaining about nurbers of people in units, that it was the staff's airty to protlct the-integrityof the zoning code. Sayre added that it would be a good idea to also get the rental agencies to enforcethe code. More discussion followed concerning stiting the number-of peopli alloweOln the_code. (Jim Morgan joined the meeting.i Donovin emphasized ttrat liitloisto Vall did not show Vail the same respect ltrit tong term i^esidents did, and shet{as concerned about the meaning of short term and long term. Eskwith t6tt ttratthe rnaning of "short term" sh6uld be spelled out. Siyre felt ttrit it meini iesstlan 30 days. llllto suggested that the commission approve the request with a Iist of concerns and send it to the Council. Eskwith iiplied that the town was in the middle ofa lawsuit and was being kept in abeyancb until the town cou'ld decide the issue.The definition of "fam-ilyu'followed'.. Also discussed was whether or not to changethe number from l0 to l?-persons maximum per Owetiing unii.' Donovan moved and Viele seconded to leave in the deiinitions of ,'hoste] ', andltrouiiing house" and change the definition.of !,famity;.'ur-itut.a nere Uetowl'--The vote was 6-l with Edwards against. Edwards teli that the Towi ot vaii"waslnterfering-in individual family concerns, and that the definition of "family"te, was not in agreement with. The final wording was: 18.04.110 Family Family means: a. An individual , or two or more persons related by blood, marriage'. or adoption,. exluding domestic servants living together ln a awellingunlt used as a single housekeeping unit, or b. A group-of Inrelated persons not to exceed two persons per bedioom plus two peraons with a maximum'of 12 persons per dwelling unit. 8. Request for amendments to the parking chapter of the Vail Municipal Code to clarify wordinq. revise certain parkinq reouirements and requlations and t0 amend the definition of f'l 0or area and to include a new parkinq requirement PEC 7/12/82 -4- Trout Corcoran ro.i ects .cant: Town of Va Peter Patten explained that he had sent to the American Planning Associationfor information on parking standards and the enclosed changes were the result. Trcut moved and Piper seconded to recomend to Council the changes suggested by the staff in Sections '18.52.010, 020, and 030. The vote was 7-0 in favor. After more discussion, Piper moved and Trout ieconded to approve 18.52.080 B and 18.52.080 C, and to approve .|8.52.080 F with the addition of the wording, "or berm" after the words "A wal'l or fence" in the last sentence. The vote was 5-l with Donovan voting against and Morgan out of the room. Trout moved and Piper seconded to approve the change in 18.52.090. The vote uas 6-0. Section 18.52.100 had many different sections to be discussed. Trout moved and Er-gan seconEd-to state that the parking requ'irement for single-family or two- family dwellings be: 2* spaces per dwelling unit with one space enclosed. The vote was 3 in favor (Trout, Morgan and Piper) and 4 against. The motion failed. Edwards moved and Donovan seconded to approve the section as stated in the memo. the vote was 3 in favor, 4 against. The motion fai led. Morgan moved and Viele seconded to have the parking requirement read "Two spaces per dwe'lling unit" without having any enclosed parking required. The vote was 4 in favor, 3 against (Edwards, Trout and Piper). The motion passed. In paragraph A there seemed to be much dispute. Discussion revolved around the definition of bedroom, with uses of rooms, and of GRFA. The final motion put by Piper and seconded by Edwards was: If GRFA is 500 square feet or'less, 1.5 spacesper dwelling unit. If GRFA is 501 to'1999 square feet, 2.0 spaces per dwellingunit, and if GRFA is over 2,000 square feet,2.5 spaces per dwel'l ing unit. The vote was 7-0 in favor. In paragraph B, Trout moved and Piper seconded to pass as stated in memo. Vote friilii0-ii-TEvor. In paragraph C, Trout moved and Piper seconded to pass as stated in memo. Vote n:70-ln-Ta-vor. In paragraph D, there was discussion about ratio. The fina'l motion by anfiCcondeflEy Edwards was to leave as in the memo. Vote was 5-2 with and Viele opposed. Paraqraph E and Paraqraph F were discussed. ':Trout moved and Edwards seconded to TeEvE-E-as ts-nif cfiEfrle-r to .|.0 space per 250 square feet of floor area. The vote was 6-l with Viele feeling the vote was being inconsistent. Pafagraphs G and H had the words "more restrictive" rather than "greater" in therntlon to pass them by Trout and seconded by Morgan. The vote was 7-0 in favor. laragraph I was next with Trout moving and Piper seconding to accept the change rcconnended by staff. The vote was 7-0 in favor. Paragraph J was de'leted with a motion by Trout, seconded by Edwards. Vote was 7-0. Paragraph K after discussion was passed to read 1.0 space per patlent ped plusI space per 150 square feet with a motion by Trout, seconded by Piper. Vote was6-l with Edwards against. Recreation uses were discussed, and it was felt that the Town needed to place parking requirements on Recreational facilities whether public or private. Donovan moved and Trout seconded to have a new Paraqraoh J to read:. Recreational uses, public or private: Parking shall be requTiEfr-amonnt to be determined by the Planning and Environmental Cormission. The vote was 6-l in favor with Viele agalnst, with the feeling that the ordinance should be more explicit. 18.04.120 F'loor A1eq- changes were discussed. Piper moved andffi as iresented by staff. Thb vote was 4-3 Vle'le and Morgan voting against. Donovan seconded to with Corcoran, 9. the amendment Sectionsr paE]0.s nEnts '18. 26.045 (A and'18.24.065 remove e aoolnq or remov I n r paEr os !.!1.fafe, explained that the staff became ax,are of the fact that since outdoor patiosought to.be encouraged, it would be beneficial to be able to bring patios up for |!Yla,lt any time,_rather-than-on1y.in. November and l,.lay. rhe stifi was reiormendingthe ellmination of PEC review since decks and patios arb contained within the Archi--tectural/Landscapg Considerations in the Urban'Des'ign Guide Plan and therefore need 9!!I be reviewed-by the Design Review Board. The eiclollrq of outdoor patios anddecls would still be reviewed by the p'lanning ConmJ!ffinl- Donovan stated that she felt that the Planning and Environmenta'l Cormission shouldstill review outdoor patios. Viele and Piper-agreed. Donovan pointed out ttra[-tJte Design Review Boai'd would not have the'powii to aeni-a patib if it fe'lt thatthe patio was not a good idea. Corcoran adhed that if i reitaurant were to planto.add a patio, the planning process would have taken placi over i period of'tirne, and therefore perhaps the twile a year process was alrigtrt. Morgan'felt that the UKE was arD'ltrary in its decisions and that there needed to be more adherance to !!g.Suiaetines. _He-added that he wou'ld like to see specific guidelines drawn upthat the Design Review Board would have to follow similar to ihose of the PEC. ' It was suggested that patios be reviewed anytime of year, but be left with the pEC. Patten requested to table the request. Trout moved and Piper seconded to table. The vote was 7-0 in favor. The meeting was adjourned at 7:05. }GI'ORAIIDUM T0: Plannlng and Environmntal Commission FRSI: Comrnrnity Development Department DATE: July 20, 1982 SUBJECT: Conditional Use Permit and Minor Subdivision request to allow a time- sharing use at Ipanema Condominiums. Applicant: DaYmer CorPoration I torn or vArL TrME-si{qRrNc REGULATIoNs .The Spring of 1980 saw the first time-sharing regulatjons.adopted by the.Town. Ttre oi.dininces, in general, cal]ed time-sharing as a conditional use in the HDMF, pA, CCI ind C[tt zon6 districts, required disclosure statements and reg'is- tration 6f projects and required persons se1'ling_time-sharing to.obtain a license from the Toirn.- Subsequent'ordinances in the Fal'l of 1980 removed tlme-sharing as a conditional use from the PA, CCI and CCII zone districts and proh,ibited mixing time-sharing units and wh6le-owned condominiums in the same building. This ieft the HDMF-zone district the only one possible to locate a new time- sharing proiect in the Tot,n. : THE REQUEST lpanema Condorniniums are located in the HDMF zone district and are proposing. tb So to an interval ownership project. This means that each owner of a week wili actual'ly have a deed to ttrb pioperty for that period of time and as such, It is a tran-sferable piece of reai eitate. The other basic form of t'ime-sharing is called right-to-usb, where a buyer purchases only the legal-right.to ogcypY the unit for-a specified time period, ind ownership of the building is maintained by an individual , partnership br corporation. Ipanema contains 9.luxury condominiums oi l6,0gO square-fLet of GRFA with a'who'le floor'of the bujlding (comPrising. ahout'Z?1" of the floor area of the total building devoted to cormon facilities.; The project's amenities include a ski locker room, lounge.and bar, saunas with ctrangin! and restrooms and a glass enclosed pool with outdoor deck area. Also cons[ruited is an office area-of 460 square feet proposed to be uqe$ !9r general administration of the proiect. There is ample paiking provided with l8 spaces (2 per unit) in an underground garage with 5 unenclosed extra spaces at.street. ievbt. The proposal is to market the proiect 5 weeks at a t'ime. In other words' a purchaser iriti Ue required to buy a fackage,of 5 weeks..of time with the weeks spiit, 2 in the winter, 2 in the iurnnbr and 'l "shoulder" seaSon week. The application submitted includes a complete and rea'listic budget recognizing the liige increase in costs associated with time-sharing inc'luding maintenance' managemint and replacement/repair of amenities, unit furnishings, etc. Some O Ipanema -2- 7/20/82 of the reasons expressed by the appljcant for approving lfe request are.that the proposa'l wil'l: cause higtrer occupancy levels and full use of existing facilities, prombte'Vail as a resort by attracting a larger number of people to_the community iword of mouth advertising); lessen tfie coSt of a Vai] vacation while sti'l'l ittracting a "high qualit!;'guest; provide for excellent ranagemg!! qnd maintenance of the Uuilaing ind'grounds; and that the building contains a sufficient amount of recreational and ionmon facilities for interva'l ownership. REQUEST FOR MINOR SUBDIVISION APPROVAL The regulations call time-sharing a subdivision proposal. This proposal.involves less tian four lots and is a minor subdivision. There are no special criteria by which to judge a time-sharing proiect as a subdivision. The regulations. simply provide ihat an approval for such a subdivision must be obtained. The suUiniitit requirement toi-ttris is simply the proposed condominiym P]gt. and related controlling documents. The pros and tons ot the-actual proposal will be outlined ln the conditional use section of this memorandum. C0NDITIONAL USE PERI4IT: CONSIDERATION 0F FACT0RS: l. Relationship and impact of the use on development objectives of the Town A. DEVEL0PI,iENT OBJECTIVE:. Prbvide high quality guest accorunodations for Vall's visitors. B. DEVEL0PMENT OBJECTIVE: Attract "high quaf ity" guests in large numbers to Vail. C. DEVELOPMENT OBJECTM: Efficiently utilize existing facilities and . accommodations (i.e. high occupancy) throughout the year. and private sectors work together to experience for the guest. The ihterval ownership proposal for Ipanema specifically addresses and fulfills a'11 the deve'lopment objectives listed above. The Ipanema project is brand new, completed late in l98l . No units have been occupied' and the units' common areas and grounds are of an exceptionally high quality. Proposing to time- share such a project provides an opportunity for many more vacationers to have an enjoyabl'e Vaj'l experience. A highly re1iable lndependent studyl of time-sharing throughout the country has shown interva'l owners to possess high leve'ls of income, education and occu- pation. They have prepaid for their accommodations and come w'ith money to lPend.At this point in Vail's history, it would seem to be prudent to attract such personnel to as great a degree as possible, I Interval 0wnership Case Studies, Vo]ume I, Richard L. Ragatz Associates, Inc'l for the Amican Land Development Association, November, 1980. D. DEVELOPMENT OBJECTIVE: Publ ic create an affordable vacation floanera -3- 7t20182 0ccupancy rates for time-sharing tend to run about 80% throughout the year. This'is higtrer than a hotel and much higher than a luxury condominium used as a second h6me. The reason time-sharing-produces higher occupancies is that if an individua'l or couple owns only a-week or two of property, they_will certainly either use it thernselvei or rent it-rather than let it sit vacant and waste their vacation investment. The higher quality interval ownership.proiects attract higher quality purchasers, who, stidies'have shown, tend to use their own weeks raiher dtran rlnt or exchange for another resort. A study conducted by the staff on Sanibel Island, Florida-showed that local businessmen believe the lqrge number of lnterval projects there have he]ped the'ir shoulder season business.z Lastly, the national economic situation has fina'lly shown its effects on Vail. The riit estate market is depressed because interest rates exclude 9ye1 p99ple of high income from purchasiirg a whole-owned condominium in Vail. t'lith this in miid, we must provide for vacation opportunities and continu'ing cormunity. investm6nt at a nbw, affordab'le level. iime sharing is.one method of providing such an opportunity. 2. Effect of the use on'light and air,.distribution 9f pgpulglign' trqnspPflation bCreation facilities and PublicffiTTTffieedt The relevant items here are transportation facilities, utilities, parks and recreation facilities, and other irublic fscilities. The interval orners (as a whole) at lpanema will increase'the demand for public transportaion_with Sgardto the iown birs system. There's no doubt that the interval owners will utilize the bus stop which is a ha'lf-block from their living unit. But' the_location of Ipanema ictual'ly makes it more convenient to walk to the Village'l ifts and thus, wi] I not over-crowd the buses in their peak times. Interval ownership at lpanema will more efficiently utilize the public uti'lities which have been'instal]ed, but should not in any way over-burden the systems. Tlre-sharing requires a higher degree of recreational facilities in its proiects. Time-sharing is'a vacation-plan--peop'l e purchase to reserve vacation accommodations. Vacationers are extremely alt'ive beobte,'and they require reEFEEfi6fr'al amenities to meet their needs. In-this case, Ipanema's developer provided a very high level of recreational amenities and common areas for its originally planned lntention of whole-owned condominiums. The existing facilities should be ab'le to mdet adequately the needs of the interval owners if they are well maintained. The proposal wiil also create a higher demand for other public recreation facilities such as golf, tennis and ice skating. These activities all generate user fees for their respective public owners or lessees and should not over-burden the existing facil ities. 2 "Report on Time Sharing Field Study on Sanibel Is1and, Florida, Peter Patten, 0ctober 22, 1980. 3. Effect u traffi c maneuve Traffic volume will be increased, any negative potential problems. as a result. IRanema J- 7 /20/82 wi th icular reference to con esti on automoti ve convenl ence raTrlC t IOW an acces s remova e streets an areas. One of the most negative effects of time-sharing has proven to be the parking and congestion problems which on-site marketing practices create. Becauseinterval ownership creates about 48 times the owirers that whole-owned condominiumsdo'_the marketing of the project is extremely intensive. considering onein l0 prospective purchasers actually buy (a-figure genera'lly experi6ncedon-sanibel Island.), a seller may have to attract almost 500 peopie per unjtDefore he sells that un'it out. The obvious problems created, eipeciallyon ureekends, are shoddy off-site "huckstering" practices (teenaglrs solicitingguests at stores and parking lots offering free gifts for a toui of theproiect), hard-sel'l real estate practices-and an-unmanageab'le on-site parkingproblem created by prospective purchasers. compounding-the parking prbblems' are recent practices of offering any interval owner of a project use ofits facilities and amen'ities at aiE-ytime of the year. The-Ipanema proposal mitigates, to a degree, some of these problems. Ipanemawi1l offer only a package b'lock of weeki as described earliLr. Thus, a' 9uyqr must purchase a minimum of 5 weeks rather than 1, reducing by five-fold the problems just mentioned. This means that theie will bE o-nty to owners per unit with a total of 90 owners. This sti'l'l means that 900 prospectivebgygtf may have to be shown around the property before it's sold out. 'Thei-e wil'l be conditions of approval to eliminate the potential problems of on-site-parking congestion. Also, no "year-round" imenity meirberships wil'l be allowed. but the 'location of the project mitigates No residential area traffic will be increased 4. Effect upon tlE character of the area in which the proposed use is to be Ene surrounolng uses. The scale and bu'lk of the building exists and will not be changed with thisproposal. The character of the surrounding area is predominaitly compatiblewith a time-sharing use. To the north is lhe Hotiday'Inn--obviouily uied on a similar basis only to a much higher degree of iirtensity. To the eastis the Vail Ffre Statibn containing iome emfloyee housing aia Vitla CortinaCondominiums. The Villa Cortina ii used on'a ireekly-typ6 basis and as suchis.compatible. The fire station has 5 parking spacis 6h tpunera,s property which are leased. Enforcement of no parking ior'Ipanema,s "customers,''mustbe strict. To the west is a duplex lbt curienttv-ippiovea.for a new structureto be p'laced on it. The impacts on this use w'iri bb'lessened by the des'ignof Ipanema--there are no weit-facing outside decks on the buildrlng except-for the penthouse level . This deck-is a 52 feet above qrade and snould'not impact the residents of the duplex. The time-shariig use shou'ld notcreate any unsolvable problems with respect to the charaiter of the area. r't an sare 5. 6. IRanemals- 7/20/82 Such other factors and crileria as the Corrnissibn deems applicable to tne proposeo use. The envirsnmental impact report.concerning the Proposed use' if an environ- ChaPter l8.56' No EIR is required. STAFF RECOMMENDATIONS the proposed use would comply with each of the applicable provisions of ordi nance . FII{DINGS The Conmunity Developnent Department recomnends that the conditional.use perrnit and minor subdiuision requelt be approved based on the following findings: That the proposed location of the use is in accord with the purposes.of this orOininJe'ani the purposes of the district in which the .site is located. That the proposed location of the use and the conditions under which it would Ue-opera$a-br maintained would not be detr.imental to the public hea'lth' lafelY' or wilfire or material'ly injurious to properties or improvements in the vicinity. That thl s wrrl be a benerit to the cormunity by proviiins a high ffi"ii:l:::itil:l?i:l -facility for the kind of guest which the Town wishes to attract. The proposal rcets the requirements foi a good interval ownership project in terms of design' arnenities and parking provisidns. The location is also 9 good one for interval in that a high'leve'l-oi transportation service will not be needed because one can easily watk to either viliage and many Town facilities, etc. from the site. This propirsa'l has the potential-to meet the development obiectives of the Town as outlined earlier in the report without creating any negative aspects. Conditions of approval are as fol'lows: 1. l.{arket'ing efforts sha'l'l clearly 'indicate that parking at the project-site is not allowed for prospective purchasers. Potential buyers and. visitors shal'l be directed to drive to the parking structure and then walk or bus to the-site. The applicant may use an alternative method of eliminating on-site marketing and visitor parking congestion if approved in writ'ing by the Department of Community Development. Z. 0nly the current (at any one time) occupants of the condominiums and their legitimate guests-may uie the common arbas of the facilities. No recreational anenities m-mberships to either other interva'l owners at Ipanema or other projects or the public in general will be allowed. 4. Inane56- 7/20182 3. The-project must have an on-sitemaintenance/manager person available ona Z4-hour basis at the time that the first interial irnit is occupied. Management and maintenance shall be provided substantially accordlng !o thq budget_submitted for this proposal. such budget is in memorindum form from Paul Johnson to Jay petbrsbn dated June 15; 1992. Any significantdeviation from.the provisions of the budget sha'l'l be required t6 be-submitiedto and approved by the Department of Community Developmdnt. The.rpanema project shall be marketed on the five week package as outlinedin this memorandum. Any significant deviation from thii plan shall require Plannlng and Environrpntal Corunission approval Pursuant to Ordinance 36 of 1990, no mix of time-shring and whole-owned condominiums will be allowed. A minlmum rifht of recission period for buyers shall be 72 hours. No change to a right-to-use type project wi'll be allowed. It must beinterval ownership. 5. 6. 7. 8. 1:30 pm Site Inspections: Ipanema, Christy's, Lion's Pride 3:00 pm 1. Approva'l of minutes of meeting of July 12, 1982- Z, Request for approva'l of conversion of'19 apartments at the Inn at |llest Vail. Apjlicant: Jimes Barry Craddock, d/b/a Craddock Development Cqnpany 3. Request for approval for conversion to time-sharing for lpanema Condominiums. Appl icant: Daymer Corporation 4. Request for exterior a'lteration and modification in CCII District in order to'expand the first floor shops in the Lions Pride Bui'lding' Applicant: Steve Sheridan 5. Request for exterior alteration and modification in CCI District in order to renioAet the second floor office space for Christy Sports in the Plaza Lodge Bui l di ng. Appl icant : Chri sty Sports 6. Request for conditiona'l use permit in order to construct a temporary w'inter tinie enclosure over one-half'of the Lodge at Vail swirrning pool' Applicant: Lodge Properties, Inc. 7. Request for amendments to the municipal code section 17.40'075 Condominium Conversion--Lodge and Aci:ommodation Units to clari.fy wording and to reflect the original int6nt of the ordinance. A'lso an amedment to section 18,Z2.OZO Permittel Uses in the Pub'lic Accommodation District to make it clear thai-oniy units without kitchen facilities (i.e. accommodation units) will be allowed in the PA District. Applicant: Town of Vail PLANNiNG AND ENVIRONMENTAL COMMISSION July 26, 1982 Published in the Vail Trail July 23, 1982 l.- Mayor Rodney Slifer Town of Vail 75 S. Frontage Road Vail, CO 8L657 r!,q.rrsrrrcr. u\., r-4rrrs sr.qr 4rr), ""- l-*rt " rrr.r.--".a. rhis is the third(ffi-"a that Daymer corporfor. The first waET6?ffiub1ic lend be-EgLd-, I - t) l4f /Ulq^ 7 //7/il2.142/r, U.iori has applied a private July 9, L982 . Both approved ilding. We feel Dear Mayor Slifer, Asl ownersl in the Villa Cortina, we oppose the conversion of the rpffiEfia-86 time sharinq units.5 time sharing Ipanema was not buitt to handle the traffic that time sharing wil-I create. Time sharing will ruinffiinal concept of the "Villaoe Core." The lrrifaitrg g__ Sr$fteCllge in town. We feel any additional variances wiII not Senefit the Villa Cortina or the town of Vai1. corporation; the second was the variances have had the greatest act on ourthat the third will cause more problems. We would like Planning and Thank you'for this letter read into the minutes of the July l2th Environmental Commission meeting. your time and attention to this matter SincereLy, h& lvucL* Andv Averch @tilta cortina AA,/Iab cc: Planning. and Environmental Commission il €?- .'E)C{IBIT D'' IPANEI\,IA CCNMMINII,]M ASSOCIAtrTON ASSOCIATION AI\ID USER Fm^S, PI{CRATD By SAL^ES IINIT the proration of bndornjlirm osts (Interval @sts) can be al_Iocated jl ser,aeralr.irays. The two underlylng for-nulas are: r') sguare footage of unit as a perc€yrtage of total narketable footagetines t}te nr-rrber of weeks as a percent of weelcs narkqted yearlyfirrFs yearly Association feesFi''speriodic *"r r*" for that specificintenral pa.ckage. ,-\''r Lrr€rL stec' 2') Market y*5 "f intervar package as a percent of totar- nrarketvalue t-irFs yearly associltion"fe".-pri"-f;;di" rrser fees for th,atspecific intenral pacJcage. r prefer the seond fiethod. The intent.of a marketing program is to.ctrargethe nost for the rost valuabre ,-il,l-1itt1e ress foi ir,"'"".**r n'st valuableu'rit' etc. ondorni-niwn fees for rr,"r" *it" can be *rdi.rrtry carcurated b!,sguare fmtage becar'rse value correrates well wi-th fotage wnen crrrners @ntrolr:se of an entire year' A qle bedrocrn is never worth npie than a tttrree bedrmm r'itjn ttre sane p::ojece_ja_1J else f-"1ry "e"ji. rn an j_nterval projecb, a onebedrocnr durinq ctrristrms rnay werl 16" tilr. desireabre, arn-trrererore worth nore,than an aprir-week tor a urLe b"drd: Mherejng to the principal of charqinoqhat the market will bear, ," =fr""fa Jlocate expenses to iu-rits where ttrey witiha're a p:ioportionar detrirrentar.iiu"ir.r.t"a tt varrre.- rtrrs wi!-r occur bryallocating acording to-val:e, ""t-"q;. footage. sir,." ri"t a splring prices ffis!":"t estirnaie of va1ue, ri^'ts"r, rerhod #2 for alrocat[on oi Associatiqr :nc each of ttrese Association costs ,,\E nnrst add trre ,,use,, cost. since ,t,]St ,,use,,costs (electricity, teleprrcne, 9ab1e rv, fire,rood, i*itoiiur, na{-ntenance) arercnj'tored by unit, or are nore directly related t" ;"".rd; tevel-s (and tiereforesguare fotaqe) it woul"d seqn at ri.st gru""e-ahJ ad';iiu r," best esrinratedby square footage arlocation. B"a;;J"L user elpense! correrate crosley toseasctrr' tle best estirnate of tlrese-elpenses i= p;b.bit rv-""[irrg prioe again,sjrtce it too orzelates very "fosefy -to season. rf the prices as estirnated in my l.larch 7 , .rg}2 ncrno to you are relativeryaccurate' thsr the percentage oi vah:e rhra ;".h ;; i;p**nts of the totalrralue is as follq*s-: :6,_f "* t* ffi.yi',y'jHr*ckase : .L z- II 9 IO ?sharinqlJn:_ts 2i4 1. 2853 o200 .8738 .72L4 .9500 I.6257 r.2396 L.t542 .9510 l_.2558 Package Nurber I2-7 8 9 r0 Paekage lnrber I2-7I 9 10 ]PAT'IEIA QECMINII.I\4 ASS€IAIICN ASMCTATICN A}D IISER T:EES, PMRATED BiY SAT,ES Itt€ total estimated openditure bV pad<age will- therefore break follopE: ESTIUATED YEAM-,Y ASS€IATICN AT{D I]SER FMS FOR EASI P LJnits 2,4 6,8 Assoc.IJser Fees ttrrits I,3,5 7,9 tlser Feca .r ? + + + l[F @st per niSlt fe tlre irdividul packages would break out asin rdJrd tln hi$ levet of quality and size of eactr rnit. 91824 $1333 $1240 $1023 $134 B se92 $725 $675 $ss7 $733 $1,255$ 956$ 891 $ 733$ 969 + + + + + $2 $1 91 $1 $1 96 $s $4 @ST PM, NIGTTT PM, PA(XAGE Lhits 2,4 6,8 11tr8. lcep t8 1,3,5,7 Assoc. $52. 11 $38.09 $3s.4 3 $29.23 $38. sl User Fees $28.34 $20.71 $19.29 srs.91 $20.94 .89 +.26 +.80 + User Fees 93s.86 $27.3r $2s.46 $20.9{ $27.69 f + 'r + + 51. +91 + Bq I *€-a / S*X-.t -.f-- e - A- L'.x : ---tk-/7 7 ,r,Za* ,77 ,tr a-/">,-- /* -,rr- - Sc-Lh,^Ar- @il";, aa-/*l *r,,..--L--*, Qrra.;"; * S--r"J.J -&4rf,(-/ / // tt B.*l' *r.l^X W"^t*^]-tu- G>*"^nW &. tn- 'f4( &,lf- a.oL -T t s,J"-^\ruhw ,ff,e/,|^ t,/144;.*;1t-wez- I, vwryftn" 44* 0 4- - U^/#] - f^rlt *,*J" t u^^,L f' b - L.-t'o| ,rn, ,"-./ l- /.-+/ /*Z/ ^3,LT" /;aZ*r,,,f- ^ n7.i -,,r/ '/ f.6 -,y/ ZV-l -la-*,,,/fT^/ te /,//zt;,_/ fr-dr*_ /% Aaz at'ft7 ^n'-1/"4/r'/ut# h ry, 6zzFi oL,L,* s 4 ! r-',/.:^ F q l,;r/.-*- - tz - h,.^*,4 k-ln;t / 4/ dLtA -aZ/^-rt. e;+4//4,/al - rr\" --^+"*,]"4 ^^-#f,. "^-.),t, ^*"{ r.7 rlI n GqF+ U-l + lr i: '! !-A-ll , 1 ,.ffllry",A-Irl"tt ?, ore It3t7 lt ( ' .o '... a, I oo 116 ( ,o l,6I I 7,u , a 1,1^1 a. ?-Sti -..-44-- le , oto t-e- j- Lf- I 5-. c -t -./ E: 1- , 8 Co ve.vnJ S Urn.6 ee.vd _l{-;raf (-titG Co'{iv,( - Hoil4,9% 1:3 6YA 17, lo t A lt" u-"./ 7. >g7 k*^-l '(rc%) fo .-tJ *^ "f<nF; ^(tl ., s26"4 %w I e75 qPe*g i4* I t JuIy 9, L982 Mayor Rodney Slifer Town of VaiL 75 S. Frontage RoadVail, CO 81657 t"-' Dear Mayor Slifer, As ovtners in the Vil1a Cortina, we oppose the conversion of the Ipanema to time sharing units. This is the third variance that Dalrmer Corporation has appliedfor. The first was tha.t public land be sold to a private corporation; the second was the height variance. Both approved variances have had the greatest impact on our building. We feel that the third wiLl cause more problems. Ipanema was not built to handle the traffic that time sharingwill create, Time sharing will ruin the orginal concept ofthe "Village Core." The building doesn't fit the existingarchitecture in town. We feel any additional variances will not benefit the Villa Cortina or the town of Vail. We would like this l-etter read into the minutes of the July 12th Planning and EnvironmentaL Commission meeting. Thank you for your time and attention to this matter Sincerely, I t I ,lhdl AvuU-16 Andy Averch Owner, Villa Cortina et/Lab cc: Planning and Environmental Commission 7 r. This form is requirecl for any timc shar:e project or an anend.mentto an cxisting tinte share projecU This form must be fired with the community Development Department. Application D.r@ RDGISTRATION TOru{ DOIT TI},TE S}IA}IE PROJECTS A. NA}m on AppI"IcANT Daymer Corporation, N.v. c/o \Jay K. PeADDRDSS- P. O. 3L49, VaiI, CO 81658 Prro:iE 476-0092 o('a B.NAME OF APPLICANT'S ADDRBSS REPRESEI{TATIVE Jay K. Peterson P. O. Box 3149, Vail, gO 81658 plro:;E 476-0092 AUTHORIZATTON Or PROPE Da STGNATURE b OhINERr Corporat ADDRESS ecerx 3149, Vail,co 81658 PHOI{E 476-0092 D.],OCATIOI{ OF PROPOSAL ADDRbSS 88 West Meadow Drive, VaiI,co 81657 PHO iE 476-0092 */ u |{ lu" II. *IEGAI.DESCRTPTIoN Tot block fi1in9 E. FEE. $25.00 *A Resubdivision of Lot I and part of Lot H, Amended Map ofVail Village Second Filing, Town of Vail, Eagle County, Colorado. One (1.) copy of ttre follovring information: A. The governing instrument. proposed. governing instrumen-.- or amend-ment to the governing instrument of a time share project. B- A verified statement showing all costs involved in conpl"eti,*gthe property. A veri-fied estimate of the time conpletion of construction ofthe property. satisfactory evidence of suffici_ent funds to cover all coststo complete tire property. A cgpy of exccut"ed construction contracL and any othcr contractsfor the completion of the propcil-y. c. D. D. _'. -:;-- -.: : Registration fornr I time share projects *e 2,.rvv F. If the pu::chaserrs funds are to be utilized for the construction of the prol)crty, an executed copy of the escrow agreement with an egcrow company or finarncial institution author'ized to do busi-. ness within the State with the inforrnation required by Section 2.030 (5) (a! (b) (c) of the Municipal Code' G. Any other materials'or information the Department 4aY reQuire by its. rules. '' III. Eim€ Requirements pplication, the DePartment shall determine whether the infornation provided complies with . the reguirements of chapter 5.02t "Project.Registration;r" * ''). on/rr7t, APPLICATION FORM FOR CONDITIONAL USE PER!4IT I. This procedure is required for any project required to obtain a Conditional Use Permit. The application will not be accepted until all information is eubrnitted. A. NATITE OF APPLICA}TT Daymer Corporation N.V. o ADDRESS Box 3149, Vail, CO 81658 475-0092 B. NA}IE OF APPLICASITTS REPRESENTATIVE Jav K. Peterson ADDRESS P. O. Box 3149, VaiI, CO 81658 PHONE476-0092 c.AUTHORIZATION PROPERTY OI{NERR CORPORAT SIGNATT'RE eters ADDRESS x 3149, vail, CO 81658 PAONE 475-0092 D.I,CrcATION OF PROPOSAT ADDRESS lpanema Condominiums, 85 West Meadow Drive, Vail co 81557 OF DA: By_ I ,Jl" L rd 'l /<o. . ' ..\ |up-.r' ---...'2' E. F. LEGAL DESCRIPTION Lot I FEE $50.00 plus an anount equal to the rate for each property ortner to be A list of the name of owners of all srrbject property and their addresses. Adjacent property owners: then current first-class Postagenotified herewtder. property adjacent to the A,-- S-e,.it sr 1. 2. 3,I Ron Byrne 8 a q.J q,a# -rr=\M SAAVilla Cortina-F& ?woa/$:Jl l*- (r + [\n 4', ,/^/ r*Jh \,", yl^r--r\ L; tf''3tt6/ II. A. The proposal is to convert the existing Ipanema projectinto time-sbaring. The use is cornpatible with the surrounding properties without additional measures being taken. B. A site plan with all required information is already onfile at the Town of Vail. C. ALl building pJ-ans are on file at the Town of Vail. D. None. 2. e 04/22/82 t APPLICATION FORI',I FOR CONDITIONAL USE PERMIT I.This procedure is required Conditional Use Permit. The application will not be submitted. A. NAI{E OT APPLICA!{T for any project reguired to obtain a accepted until all information is Daymer Corporation N.V. ADDRESS P. O. Box 3l-49, Vail, CO 81658 PHONE 476-0092 B.NAI4E OF ADDRESS APPLICAIITTS REPRESEbITATM Jav K. Peterson P. O. Box 3149, Vail, CO 81658 P HoNE 32_6--0.9.9.L_ C. AUTHORIZATTON ROPERTY OWNERR CORPORATION SIGNATURE ADDRESS 149, VaiI, CO 8I658 PHONE 476-0092 D. I,OCATION OF PROPOSA], ADDRESS lpanema Condominiums, 85 West lvleadow Drive, VaiI, CO 81557 LEGAL DESCRIPTION Lot I Block Filing *2 OF DA: By E. F. FEE $50.00 plus an anount equal to the rate for each property owner to be A list of the name of owners of all subject property and their addresses. then current fi.rst -class postage notified hereunder. property adjacent to t.he Adj acent 1. 2. 3. Ll^ property owners: Ron Byrne tA. Wl.* ->?-<44-o1,A \-;eVi1la Cortinadp ?s..^o ( V-sr*, rr/ O-^il l| ?l ooV"t A*^ I II. A. The proposal is to convert the existing lpanema projectinto time-sharing. The use is compatible with thesurrounding properties without additional measures beingtaken. B. A site plan with all reguired information is already onfile at the Tovrn of Vail. C. AII building plans are on file at the Town of Vail. D. None. 2. (}e 04/22/82 APPLICATION FORM FOR CONDITIONAL USE PERMIT ?This procedure is reguired Conditional Use Permit. The application will not be submitted. A. NAME OF APPLICA}TT for any project required to obtain a accepted until all information is Davmer Corporation N.V. P. O. Box 3149, VaiI, CO 81658 PHONE 476-0092 c. ADDRESS B. NAITIE OF ADDRESS APPLICANTTS REPRESEI.ITATIVE Jav K. Peterson P. O. Box 3149, Vail, CO 81658 PHONE 476-0092 AUTHORIZATION OF PROPERTY OWNERR CORPORATION }I SIGNATURE ADDRESS 3149, Vai1, CO 81658 PHONE 47 6-0092 D. LOCATION OF PROPOSAI, ADDRESS fpanema Condominiums, 85 West l,leadow Drive, Vail, CO 81557 LEGAI., DESCRIPTION Lot I L) tt By E. F. FEE $50.00 plus an amount equal to the rate for each property owner to be A list of the name of olrners of all subject property and their addresses, Adjacent property owners: then current first-class postage notified hereunder. property adjacent to the l. Ron_Byrne da \ oa$ -aU++"ttD,X*- 2. Vil1a Cortina 3. 4'xTh 7*u^" (crs.*^ { S*V) =/,*+% b__Y, II. A. The proposal- is to convert the existing Ipanema projectinto time-sharing, The use is compatibfe with thesurrounding properties without additional measures being taken. B. A site plan with all required information is already on file at the Town of Vail. C. Al-1 building plans are on fj-1e at the Town of Vai1. D. None. 2. J'{\o This procedure is required Conditional Use Pernit. The application will not be submitted. A. NAITIE OF APPLICAI{T f"04/22/82 APPLICATION FORM FOR CONDITIONAL USE PERMIT I.for any project required to obtaj.n a accepted until all information is Daymer Corporation N.V. P. O. Box 3149, Vai1, CO 81658 PHONE 476-0092ADDRESS B. NAI4E OF ADDRXSS APPLICANT I S REPRESENTATIVE Box 3149, VaiI co 8165 PHONE 4'76-0092 C. AUTHORIZATION ROPERTY OT{NERR CORPORATIO eterson 3149, Vai1, CO 81658 PHONE 476-0092 D. LOCATION OF PROPOSAL ADDRESS Ipanema Condominiums, 85 West Meadow Drive, Vai1, CO 81557 LEGAL DESCRIPTION Lot r Block Filin9 #2 OF utt- By,SIGNATT'RE ADDRESS E. F. FEE $50.00 plus an amount eqrral to the rate for each property owner to be A list of the name of owners of all subject property and their addresses. then current f i.rst -class postage noti.f ied herewrder. property adjacent to the Adj acent 1. 2. 3 v property owners: Ron Byrne Vi11a Cortina€,x l/o.^e tf\,^V O")\ a/"141\ A.--- lrI II. A. The proposal is to convert the existing Ipanema projectinto time-sharing. The use is compatible with thesurrounding properties without additional measures beingtaken. B. A site plan with all required information is already onfile at the Town of Vail. C. A1l building plans are on file at the Town of Vail. D. None.