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Home My WebLink AboutRams-Horn Common Element 1985-1989�'�•�y;� tow� of uai � 75 south frontage road vail, colorado 81657 (303) 476-7000 August 23, 1988 Mr. Tim Garton Ramshorn Lodge P.O. Box 705 Vail, CO 81658 Re: Ramshorn Dumpster Enclosure Dear Tim: office oi community development On July l, 1988, I accepted a letter absolving Beck & Associates from the construction of a required dumpster enclosure at the Ramshorn property, thus, clearing the way for a final CO to be issued. Your letter states that the Ramshorn Lodge Condominiums will take full responsibility for building the enclosure and will do so within thirty days of July 1. I would request that this enclosure be constructed immediately. Thank you for your cooperation. Sincerely �L� �L.w� Rick Pylman Town Planner RP:kc � • I�r'TE°-D�P.4RTh1ENTAL REUIEW P?OJECT:_ �/�-�,�� ,� �� D.4TE SU�MITTED: DATE OF PUBLIC HEARING CC�•u�ENTS NEEDED BY: BRIEF �9N OF,THE PROPOSAL: , � -- � - _ �-- � -- -_..� CC?�..�,1�C) �t� � � ,�-��/' � l . i / PUBLIC 410RKS - � j P,evie;:ed by: ,i5� Date �' � _ Cc�:��en �s : _ . //5`E�'�c ; H ��s � ii-�C i.�. 7"h'c ��'i� i r i C�9s c�c:� � -7`_yf= 7/f�i'�'� L-,,, �,�c�9 ��1c� a��✓ ./�yye �,�� c�.�,en��E�„7� �c."�u 4-E�,2�`� w� 7/� �.h�s � /c ��e ✓, �r� •� _ FI RE DEPP,RT��1ENT Revi e�red by: Comments: POLICE DtPART��ENT P.ev i eti��ed by: Co�,�,ents : R�C=:�A7i0!� CEPfi�tTF'�NT K E V 1 c'rl E� �,y : Co--;�rts: • Date Date Date � .:. - . � � '�' �.. A. NAME OF APPLICANT MAILING ADDRESS APPLICATION FOR CONDOMINIUM/TOWNHOUSE PLAT REVIEW � � v�L`(" � f c (�,f � t �� L-� "(Je�.l� � , �� ` �� , r i �' ,� "; _ 6. NAME OF APPLICANT'S REPRESENTATIVE -�% � 7� �n�1�► , MAILING ADDRESS t%� ,� DATE Z _ PNONE PHONE C: NAME OF PROPERTY OWNER (print or type) ,� i�� : � � . .:r ,. . _; �;," OWNER'S SIGNATURE � ��,� ��,�-- PNONE - -- ` MAILING ADDRESS ;. D. LOCATION OF PROPOSAL �,. . ; ; �. LOT BLOCK SUBDIVISION FILING E. FEE $100,00 PAID �` �t��k.. F. MATERIALS TO BE SUBMITTED . 1. Three (3) copies, two of which must be mylars of a site map following the �' � • requirements of Section 17.16.130(C) 1,2,3,4,6,7,8,9,10,11, 13 and 14 of ' _-. the Subdivision Regulations. • _ 2. The condominium or townhouse plat shall also include floor plans, elevations a!!� �r�ss-se�tions as ne�zssary to accursately determine individuai air spaces :; t � and/or other ownershi s and if the p project was built substantially the same � as the approved plans. - ":��::-'��;�•�,'��`.'. 3. A copy of the condominium documents for staff review to assure that there _ are maintenance provisions included for all commonly owned areas. � G. APPROVAL PROCESS, REVIEW CRITERIA These can be found in Chapter 17.22 of the Subdivision Regulations. H. FILING AND RECORDING � The zoning administrator shall be the final signature required on the plat so that the Department of Community Development will be responsible for promptly recording the approved plat with the Eagle County Clerk and Recorder. , . 't � _ _ ___ Project Application ��_, — �� Project N me: � �' �^ � Project Description: � `� ` R ,j � ,�.� � "`) Contact Person and Phone �I ��Y � y � � Owner, Address and Phone: 1 �; j Architect, Address and Phone: y �`�> t� �2�d-.— �r-�_� �`"� Legal Description: Lot Comments: Motion by: _ Seconded by: APPROVAL Block Filing Design Review Board � Date i � �`�f X / ��.i��.,� 1 `� Date DISAPPROVAL , Zone ��, �l+ �( � � E, I ' �,f�, � � �-� �1 �, r-��, �`�E'C� � �-1 � � `~ . � ,�4? / ,� Summary: Date: � � Planner � � Staff Approval �i Iheprintery va�l �� ,�,� � � � � I��'vJ GO�'��«�..� i�1; �`i � i�l . 7� 1 GGI� ' �- � . S�'� . ��'; � E P 111; N R�'rJ �� ! i1.�J � �,I Z c� � , � � , I�^ ? ', �� A.S�i El��'V�A�IOf�t �;�i��►�! �-�:� ;�,:ij� � �--^�� 1�!'^: � 1 r'r'�""�'�� r:/ �..✓�✓ ` i -- �..�� I /1\ � - � � � f 1� / -: � � � �G�� f� ��i � � �� ? ��'�� l — � �� ..�-... -.. --- - - - - - �Y 8�`:1'—�' .�xl Gd� , �.. 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Crossroads at Va Vail, Colorado B1E 303 476-5105 RAMSHORH THIRD FLOOR ADDITION � MORTER ARCH ITECTS 8 OCTC�BER 1987 DWELLING UHIT AGGREGATE SOUARE FOOTAGES Phese One: First iloor Unit 2 Unit 3 Second Floor Unit 5 Unit 7 Third Floor Unit A Unit 8 Unit C PHASE TWO Firet Floor Second Floor Third Floor TOTAL Nev Loft GRAHD TOTAL 591 s. f. 653 s.f. 1362 s. f . 653 s. f. 839 a. i. 1556 e.f. 1085 s. f . 755 s. f. 755 s. f. 986 s. f . 9235 S. F. 22@-s.f. � 9455 S. F. ! � i� �y tow� ot uai 75 south frontage road vail, colorado 81657 (303) 476-7000 September 17, 1987 Mr. Michael Miller Berenbaum & Weinshienk 3773 Cherry Creek Drive North Suite 880 Denver, Colorado 80209 Dear Michael: I have been Partnership, addition on building. � office of community development requested to explain the status of Rams-Horn Ltd.'s application to construct a third floor the west wing of the Rams-Horn Condominium Rams-Horn Partnership has obtained all the necessary approvals from the Town of Vail required to do this construction. This includes approval by the Planning and Environmental Commission, Design Review Board and Town Council, and they have obtained a building permit. All but one of the new condominiums on the third floor are restricted for owner's use as per Section 17.26.075 of the Subdivision Regulations of the Town of Vail. A. Peter Director, APP:bpr lopment 1► 4 �, A Professional Corporation / 143Eas,MeadewDnve ��-��ARCH ITECTS Crossrcads at Vail Va�l, Coiorado 81657 303 3,'6-5105 Ramshorn Lodge Square Footage Calculations � Phase I Floor One Floor Two Floor Three . � (�-�/" J/"- . %A l� �- GRFA vv Phase II Floors One - Four TOTAL Less Common Allowable --" �,;=-- --- j�-�` 1 �� — 3,373 SF ' `–� 4 ,141 SF ,-4 ; 709 SF , :� \ �;.�: ��_ .%�� \ , 4_, 278 SF '�, � ` 16, 5O1 SF.' �, ,�- � 1 � �L �. ' ��_ � . �� 1� 1 �1 r T COmmOri ' ` �� 1, 043 SF - �'��` 272 SF � 298 SF 2,022 SF 3,635 SF - 3,410 SF 225 SF + 225 SF 16,726 SF ,_. �- �7 � 5 .� • ��''"` +� � �..t=> �,�' C�C � �� ' . � �O �0 `I'� �►- 2ZO �'°'�` t� �� °� . o ��p � •, . . 'PP9�� ,�oy�t� .- /� � ' ORDINANCE N0. 27 ��1�� g�c U Series of 1987 � JrjG�L I� � ��p�� AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT �/I �. (KNOWN AS SDD N0. 17) AND THE DEVELOPMENT PLAN IN ACCORDANCE p� WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. � � b� � �� I 1 C � WHEREAS, Chapter 18.40 of the Vail Municipal code authorizes special �a development districts within the Town; and WHEREAS, the Ramshorn Partnership, owners of the Ramshorn Lodge, has submitted an application for special development district approval for certain parcels of property within the Town known as Lot A, Block 3, Vail Village 5th Filing and a part of Tract F-1, Vail Village 5th Filing and a part of vacated Hanson Ranch Road right-of-way known as Parcel RH as further depicted on the attached survey (Exhibit A); and WHEREAS, the establishment of the requested SDD 17 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 17. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Amendment Procedures Fulfilled, Planninq Commission Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD #17. Section 2 Special Development District 17 Special Development District No. 17 (SDD 17) and the development plan therefore, are hereby approved for the development of the three parcels noted above within the Town of Vail. 0 - � . i � , • Section 3. Purposel Special Development District No. 17 is established to ensure comprehensive � development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 17 which cannot be satisfied through the imposition of standards in a Public Accommodation zone district. SDD 17 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 17 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of the following plans by Morter Architects and consists of the following documents: 4 �4��. Sheet 1. Site and Landscape Plan - Final Revision: � 87. Sheet 2. Existing First Floor Plan - Phase One - 29 June 87. Sheet 3. Existing Second Floor Plan - July 2, 1984. Sheet 4. Ramshorn 3rd Floor Addition - Final Revision - 17 July 87. Sheet 5. Existing Phase Two Floor Plans Final Revision - 29 June 87. Sheet 6. Ramshorn 3rd Floor Addition Proposed - Elevations - 29 June 1987. Sheet 8. Ramshorn 3rd Floor Addition - Building Section 29 June 87. B. The development plan shall adhere to the following: Setbacks Setbacks shall be as noted on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above but in no case shall exceed 42 feet on any part of the site. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as indicated on the final landscape plan approved by Design Review Board and on file in the Community Development Department. • � 0 , � . ; i . JI� Parkin Parking shall be provided as indicated on the site plan, but in no case � shall the site have the ability to park less than 41 automobiles. Section 5. Density --� , SDD 17 shall not contain more an 2 ccommodation un' represe ting 7,529 square feet of ss residential floor area (GRFA). d 10 dw lling represe ing 9,521 quare feet of GRFA. 'te shall have a maximum density \ of 21 units representing a total GRFA of 17,050 quare feet. Section 6. Uses Permitted, conditional and accessory uses shall be as set forth in the Public Accommodation Zone District. Section 7. Use Restrictions Owners' use restrictions for all of the dwelling and accommodation units except the third floor addition as proposed and approved in July and August of 1987 shall be as set forth in the condominiumization approval granted to this property in 1984 �lease refer to the June 20, 1984 memorandum and attachments from Community Development Department to Planning and Environmental Commission). Said restrictions are on file in the Community Development Department. Owners' use restrictions as per Section 17.26.075 of the Town of Vail Subdivision Regulations shall apply to all of the third floor a as proposed and approved in July and August of 1987 with the excepti of 1556 square feet of Unit B located on the southerly end of the third f s, dwelling units A and C as well as five accommodation units (allowed to be used as bedrooms for the adjacent dwelling units) shall be restricted as far as the owners' use as per Section 17.26.075 of the Vail Subdivision Regulations. Section 8. Amendments � --�> Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 9. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently � � . � .` 1. � ; toward the completion of the project If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding sub-section, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 10 Conditions of Approval for Special Development District 17 1. 2 3. 4. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing and Part of Parcel RH as shown on Exhibit A. Tract F-1 shall be restricted in that all density which could be realized from the rezoning to pubic Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing all parcels owned by the Ramshorn Partnership. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. This additional parking shall appear on the final site plan. A concrete sidewalk a minimum of six feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant. Final design of the sidewalk shall be agreed upon before a building permit is issued and the applicant agrees to enter into a written, binding agreement at the time of building permit for the construction of said sidewalk. If, in the sole opinion of the Vail Town Council there exists an inadequacy of parking on the site, notice shall be given to the condominium association. Within two weeks of said notice the association shall institute valet parking. Valet parking will be utilized from that point forward when conditions warrant (i.e. when peak parking demand is experienced). Violation of this provision will constitute a violation of the zoning on the property according to this ordinance. e ., ; 5. The design of�the sidewalk and landscaping and possible street lighting adjacent to the sidewalk shall be discussed at the Design Review Board . � level. 6. The use restrictions as described in Section 7 of this ordinance shall appear in the condominium declarations which are recorded with the Eagle County Clerk and Recorder, and that this provision of the declarations should not be amended or repealed without the approval of the Town Council. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. . ., i .�, ., t� , � INTRODUCED, READ AND PASSED ON FIRST READING THIS 21st day of July , 1987, and a public hearing shall be held on this ordinance on the 21st day � of July , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of July , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: � Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ATTEST: Pamela A. Brandmeyer, Town Clerk � , 1987. Paul R. Johnston, Mayor � �� r -�� CONSTRUCTION PERMIT NOTE — COPY OF PERMIT TO BE KEPT ON JOBSITE\� `�� C��a� � C�� DATE ,� PERMIT NO. '�-� �� rowa o rai 1. TYPE OF CONSTRUCTION I II III I V V department of community development 2.00CUPANCY GROUP A B E H I R M BUILDING TO BE FILLED OUT COMPLETELY PRIOR TO ISSUANCE OF PERMIT TYPE OF PERMIT � BUILDING [�XPLUMBING � ELECTRICAL � FOUNDATION � MECHANICAL ❑ LEGAL LOT BLK DESC. FILING .106 NAME: RAMS HORN POOL OWNER NAME di11S O1"11 ar ners lp MAIL ADDRESS CITY PH. ARCHITECT FIRM Morter Arch. MAIL ADDRESS CITY PH. FIRM ADAMS CONST. GENERAL 199_B CONTRACTOR TOWN OF VAIL REG. NO. TELE. - F L ELECTRICAL � � CONTRACTOR TOWN OF VAIL REG. NO. TELE. `�� FIRM�� _,� `+`+t�� \: �; �� : ' PLUMBING CONTRACTOR TOWN OF VAIL REG. N� � �„��'�, `�,� ,. (\ _ ;< TELE. � �' , � `� FIRM MECHANICAL 267_g CONTRACTOR TOWN OF VAIL REG. NO. TELE. OTHER FIRM TOWN OF VAIL REG. NO. CONTRACTOR TELE. ihe prinlery-vail Z ELECTRICAL Z �OOO. OO OIVISION 1 2 2a 3 4 p GENERAL DESCRIPTION OF WORK : � PLUMBING 1�OOO.00 MOVF P�(ll FfIIITPMFNT RnnM q�yD IAISTAL Q A NEW JAGUZZI > MECHANICAL 11,000.00 TOT AL TYPE GROUP G.R.F.A. VALUATION PERMIT FEES V B-Z ZF) �OOO.00 BUILDING PERMIT 259 .00 PLAN CHECK 16H. OO ELECTRICAL NEW ( ALTERATION () ADDITIONAL () REPAIR () PLUMBING ZO.00 DWELLING UNITS ACCOMMODATION UNITS MECHANICAL � HEIGHT IN FT. NO. FIREPLACES RECREATION FEE INSULATION: TYPE THICKNESS R-vALLUE DESIGN REVIEW BOARD � PLOOR ' CLEAN-UP DEPOSIT Z �JO .00 � EXT. WALLS USE TAX ROOF � TYPE e�ec. �AS TOTAL PERMIT FEES � ' OF SOLAR WOOD HEAT GARY MURRAIN Sept. 8, 1987 —� — -- — — — — -- ADDITIONAL PERMITS NEEDED: BUILDING OFFICIAL DATE Y N INITIAL RICK PYLMAN Sept. 7, 1987 ST. CUT ONING ADMINISTRATOR DATE I BLASTING ZONING 8� BUILDING NOTES: PARKING DEMO 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 provided as required is correct. 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 Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinan s of the To��licable thereto. CLEAN UP T0: 1��N ADAMS CONST.PO Box 375 � Edwards � CO 81632 SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND THE OWNER. �,uaust 27 , 19�7 TGwri �f ``ul i ?5 Sou*i� E'rontaa� Rd . V�31. CC 816`:^ Dear Uentl�men: Pledse he aa`,isPd that wz t�ave conti�CLP�'( wlth �hris Adams Ccnstruction Campany to X�erfor�. twc services tor us. Ta wir.: kem�ve the Pxistinc.7 pocl bulldina to i*s new �.C�riqri an� excava*e anC 1mpl�nt a sT.a�nless st�el �acuzzi. Both These items have been approved �y r,he Town of vail as weil as the Desian keview Hr��r�i. If you have anY rurther qu�stians, please c�ive me a c�ll ar, 576- 5075. �incere�v. �^ �`".,`_."' - - - .. ;��,�,- + _ rr°�id?r,t Rams-Horn Lc�a� C'on�am2nium Association Tuimal ..'iy � �t # • av� ,, �� ;� � . �� INSPE TI T� C ON REQUES PERMIT NUMBER OF PROJECT TOWN OF VAIL . ,, � �. _- - �< , _ � �!t DATE JOB NAME ��1n�S t�(��y�) '. + �–�. } READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING � ROOF & SHEER PLYWOOD NAILING – ❑ INSULATION ❑ SHEETROCK NAIL — ❑ - A L �' - ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ ❑ FINAL m APPROVED CORRECTIONS: --.F � ! CALLER �-h.�i � MON TUES WED �T R�i FRI AM PM '� – --- -.. O DISAPPROVED PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING _ ❑ POOL / H. TUB _ ❑ ❑ E��FI N A L MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ DATE � INSPECTOR�–_ L ❑ REINSPECTION REQUIRED . � the prinleryrvail _ _' i1 �, ��,� � '� A ��+ PERMIT NUMBER OF PROJECT � � DATE \\ ,� "`�\ JOB NAME� CALLER READY FOR �NSPECTION: MON TUES ED � THUR LOCATION: �r INSPECTION REQUEST� TOWN OF VAIL ,.�-r '�`� . , � FRI BUILDING: PLUMBING: ❑ FOOTINGS / STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. _ ❑ FRAMING ❑ ROUGH / WATER � ROOF & SHEER PLYWOOD NAILING ❑ GAS PIPING ❑ INSULATION ❑ POOL / H. TUB _ ❑ SHEETROCK NAIL p ❑ � ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. 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DATE � __ JOB NAME ° ` �� - READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING � ROOF & SHEER PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAIL _ ❑ �,FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ � FINAL ❑ APPROVED CORRECTIONS: ��, � , � � � . �, CALLER �: �''.�-, \,'�`_.,�.\`•�L,�� MON TUES ` WED � THUR FRI AM PM ��7;-QiSAPPROVED PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING ❑ POOL / H. TUB ❑ ❑ E] FINAL ,"%% MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ 1� ;� ` ❑ FINAL �� `. ( �'` �', i�`.�� ,.-�'AEINSPECTION REQUIRED �-l�_�sr -< <.�. �k:; e � 0.�c, l � ` � -�- _ �. , � �, —; ,� _ � � � DATE �- r INSPECTOR � ihe printeryivail � FIPJAL INSPECTION'S COMPLETED The below items need to be complete before giving a permit a final C of 0. Please check off in the box provided. 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S j � 7 T S S S C _ G-�_ n'y � �; __,; � a7 c a. 5� w a a � O � C � c � � °- n � _. °, °° y -� � � T c � �. � _. � � z =. o , � � � rn m +� w w ~ F-' U�i c o ,� � � � � � w n d 1'7 � � n � � "c' n � fD m � �. r O n a t�d � O n x w C w W F-� C r• � �"'� w � � � 1'T � � r• r w � ov c � O C �t , E � r r H z � � r 0 ty � �" � z G� 0 � � t� � C� 0 c v � � w Z 3 � � � x 0 �'z W � r 0 O � � d H H H O z = a rn Z m � y � � O � � yo'z� O �, C� : �aa-ai �'zy�' Z � a � c.� y m O m � b Z � � m � n� y � .Ca �oz y �,`"O m C a �nm arn�, n � � � � � C � � � C [�'1 n z � C� c�i� (� �'f � � y � � � C Z C y � n � � � O � � zz°' � om^ ��z C 1 n _ O m b � � � � � � � � � •..�• ,., +� � • � � �� r..�� '� �� b �-�� r � � � � � � �s� � _ ,.. � Town �f Vail � 75 S. Frontage Road Vail, Colorado 81657 Plan analysis based on the 1985 Uniform Building Code Project Id: RAMS HORN 3RD FLOOR ADD. Address: LOT,A BLK,3 VV5 Date: October 5, 1987 Contractor: BECK & ASSOCIATES Occupancy: R1 Architect: MORTER Type of Const: V-1HR Engineer: PETER MONROE Plans Examiner: GARY MURRAIN NOTE:The code items listed in this report are not intended to be a complete listing of all possible code requirements in the 1985 UBC. It is a guide to selected sections of the code. ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- TYPE OF CONSTRUCTION:V-1HR DIRECTION BOUNDARY NORTH Property line EAST Building SOUTH Public Way WEST Public Way Area increased 48.75 % SEPARATION AREA INCREASE 39.0 Feet 0.0 Feet 77.0 Feet 59.0 Feet for open area on FIRE PROTECTION 39.0 Feet 0.0 Feet 52.0 Feet 34.0 Feet 2 sides. FL NAME OCC AREA ALLOWED A/A OCC LOAD REQ'D EXITS EXIT WIDTH ------------------------------------------------------------------------------- 3 Apartment/Condo R1 5500 15619 0.35 28 2 0.55 TOTAL 5500 15619 0.35 28( 28) 2 0.55( 0.55) 2 Apartment/Condo Rl 5500 15619 0.35 28 2 0.55 TOTAL 5500 15619 0.35 28( 41) 2 0.55( 0.82) 1 Apartment/Condo R1 5500 15619 0.35 28 2 0.55 TOTAL 5500 15619 0.35 28( 48) 2 0.55( 0.96) BUILDING TOTAL 16500 31238 0.53 83 * NOTE: Indicates that this occupancy is not allowed on this floor-Table 5-D # NOTE: Indicates that this occupancy is an accessory area-Sec. 3302.(a) exc. ------------------------------------------------------------------------------- REQUIRED OCCUPANCY SEPARATIONS None required ------------------------------------------------------------------------------- All glazing in hazardous locations (see section 5406.(d)) is required to be of safety glazing material. -- Sec. 5406. o • HAIVDICAP REQUIREMENTS: Handicap access is required to this building. -- Sec. 3301.(e) and Table 33-A If a ramp is used for handicap access, the max slope is 1:12. -- Sec 3307.(c) If water fountains are provided, one must have a spout within 33 inches of the floor and up-front controls. -- Sec. 511.(c) TOILET FACILITIES: 1. All doorways leading to a toilet room for handicapped are required to provide 32 inches clear width. -- Sec. 511.(a) 2. Provide 44 inches clear on each side of doorways. -- Sec. 511.(a) 1. 3. Provide a 60 inch diameter clear area within the toilet room(s). -- Sec.511.(a)2. 4. Provide a clear area 42 inches wide and 48 inches long in front of at least one water closet. If in a compartment and door is on the side, provide a clear access width of 34 inches. Door may not encroach into clear area. -- Sec. 511.(a)3. 5. A 48 inch access width is required to the handicap compartment. -- Sec. 511.(a)3. 6. Grab bars are required behind and on one side or on both sides of handicap water closet. Side bar is required to be 42 inches long (min) and extend 24 inches in front of water closet. Rear bar is to be 24 inches long in a room or 36 inches long in a compartment. Bars are to be 33 inches to 36 inches above the floor. -- Sec. 511.(a)4. 7. Provide a clear area under at least one lavatory. 30 inches wide X 29 inches high X 17 inches deep minimum. -- Sec. 511.(b)1. 8. The bottom of one mirror, opening of a towel fixture, and disposal fixture is required to be within 40 inches of the floor. -- Sec. 511.(b)2.&,3. R-1 HANDICAP REQUIREMENTS: IF there is more than 20 units on the site, handicap units are required. 21 through 99 units on site-one unit 100 & over-one, plus one for each additional 100 units of fraction thereof All doors in the unit are required to provide 32 inches clear width. Toilet facilities in these units are required to comply with Sec. 511. These requirements are per Sec. 1213. The 60 inch clear area is not required within units. -- Sec. 511.(a)1. Grab bars are not required within a dwelling unit. -- Sec. 511.(a) 4. The sink clearance, mirror height, and fixture height are not required within a handicap unit. -- Sec. 511.(b) . EXTERIO�ALL FIRE RATINGS AND OPE�G PROTECTION NORTH EAST SOUTH WEST OCC BRG NON-BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OFNG WALL WALL PROT WALL WALL PROT WALL WALL PROT WALL WALL FROT R1 1hr lhr None lhr* lhr* NOP lhr lhr None lhr lhr None The exterior walls may be of COMBUSTIBLE material. None -- No fire protection requirements for openings. Prot -- Openings are to be protected with 3/4 hr fire assemblies. 50% of the area of the wall maximum. Sec 504.(b) NOP -- Openings are not permitted in this wall. * -- These walls may be required to have a parapet wall 30 inches above the roofing. The parapet wall is required to have the same fire rating as the wall. See section 1709. for details and exceptions. OTHER BUILDING ELEMENTS Table 1?-A ELEMENT MATERIAL FIRE RATING Interior Bearing wall ANY 1 hr. Interior nonbrg wall ANY 1 hr. Structural Frame ANY 1 hr. Exterior Struct Frame Shaft Enclosure ANY Floor/Ceiling Assembly ANY Roof/Ceiling Assembly ANY Stairs ANY 1 hr . 1 hr . 1 hr. NONE NOTES AND EXCEPTIONS Sec. 1705.(b)2. See footnote #1 FOOTNOTES: 1) Minimum on exterior side also based on exterior brg. wall requirements. Based on section 3202.(b) The roofing on this building is to be fire retardant. See section 3203.(e) and ICBO research reports for requirements. EXIT NOTES: Stairways connecting 3 or more floors are required to be in exit enclosures The walls of the enclosure are required to be 1 hr fire assemblies. The openings into the exit enclosure are required to be 1 hr assemblies. A connection to the exterior is required with the same fire protection as the exit enclosure. -- Sec. 3309.(d) The space under the stairs (enclosed or not) may not be used for any purpose. -- Sec . 3309 . ( f ) See section 3309. for additional information. Within a dwelling unit: A stairway in a dwelling must be at least 36 inches wide. -- Sec. 3306.(b) -- Sec. 3306.(c) exc.#1 The maximum rise of a step is 8 inches and the minimum run is 9 inches. Provide a guard rail where drop off is greater than 30 inches. Minimum height=36 inches, maximum opening size=6 inches. -- Sec. 1711. exc 2 The minimum headroom is 6 ft.- 6 inches. -- Sec. 3306.(p) The maximum travel distance in this building is 150 feet. -- Sec. 3303.(d) ADDITICaNAL REQUIREMENT�ASED ON OCCUPANCY � For R1 occupancy Storage and laundry rooms used in common by tenants to be separated by a one hour occupancy separation. -- Sec. 1202.(b) A fire alarm system may be required in this building. -- Sec. 1202.(b) Provide a window or door to the exterior from every room used for sleeping. A window must provide a clear open area of 5.7 sq.ft., a clear height of 24 inches, and a clear width of 20 inches(minimum). -- Sec. 1204. All habitable rooms require exterior glazed openings equal to 10% or more of the floor area. (min 10 sq.ft.) -- Sec. 1205.(a) All habitable rooms require an openable exterior openings equal to 5% or more of the floor area. (min 5 sq.ft.) -- Sec. 1205.(a) The minimum ceiling in a habitable space is 7 feet 6 inches except kitchens, halls, and baths may have a ceiling height of 7 feet. -- Sec. -- 1207.(a) Floor-lst Occupancy-Apartment/Condo Corridors serving an occupant load of 10 or more are required to have 1hr construction and rated openings -- Sec. 3305.(g)&(h) Exits are required to be separated by 1/2 of the diagonal of this area. -- Sec. 3303.(c) Floor-2nd Occupancy-Apartment/Condo Corridors serving an occupant load of 10 or more are required to have lhr construction and rated openings -- Sec. 3305.(g)&(h) Exits are required to be separated by 1/2 of the diagonal of this area. -- Sec. 3303.(c) Floor-3rd Occupancy-Apartment/Condo Corridors serving an occupant load of 10 or more are required to have 1hr construction and rated openings -- Sec. 3305.{g)&(h) Exits are required to be separated by 1/2 of the diagonal of this area. -- Sec. 3303.(c) � �r"'�w.....w � � �� J�,��"� �✓w� � �— VW � 5 . t 1„�.,�G� 5 c.._�, ��.. �� 5 i i�e._ w�l(r Q, s�e/' S1-,..�.�7—' L�.. _ �, �.. � b� , ��e.� ��. b�� ,-.� �.�•,^-,�-�— �►'� �,.,, ✓��.,,�,..o.�,.,.t� . ,..�� ,,,,�,.� c � . � � 1 � b � � 5�.�. v��-,\ �,.�- ��► ��...�,� � �,.,� , �. �pl��_ ,J� ��e..v�l . 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V S��l'21..x.� W`C..T�J�C-.� P� �' � C.G�'1C.1/�2_l'�. �K� � S�i\�^C�✓� . . � 1�'�4 � 1�4v�UT �46 � • � _ ._ . _. _ _ _ ... _.__ _. _ . _ _____. _ _._. _ __ . _ --__...__. _.. _ __ _...___._. __ i �i �• ; ___._.._.....__.__� _ _ _ _ _. _. _ . . . _ _ _ _.__ _ _ _ _ .__ _ ____ , -- - ___.._. ,� I' ...r— _ _d._.....��_ . . _ _ � . . _. _ � 0 � � � � a � A S � rt A � � t-- � -� a � �� ,� i'� � R � � � �o � � � _ 0 � Z �� o� .� .^ � �� Q� � � � � � � � C_ � � � ,,n s � � - -�+- d �- � O � `�' � � � 11' 1 � .--. � �7" n t � i. � � � : � � � � � A � - � n � � � � � � Z 0 � Z • ` a'�- � � �'� I ��`�� \ ' �\� � � -� , ��,� �.,, ,,�,Q,� �fi.. �� \ ; ►'��O , �O, G �� . o �. � �o �,. - . � � ., ;,- � 3 . ,� �`�a.�� t � „ �1 � - — Q� � � \ u , �'� � h r . � �� z � ,i � . � , � �� . � � � :o � `0 . � a , K �� a� • � � � �' G � h� �, �� ,, � � E��'7' 2�1� ' _�__ 7'�O' 5ii�^ 3'-to�f� �'5i'i 3'-7 +3�" r_�� x 3� ,� ., - t � --- - — _ l� /� �,; � ,, ,T �}� _.�► ; ' �� O � / ;// - j/ , /,� � i '\. ,/ i, / 1 4 � � � 3��: % , ��.'�� -�� , a�O �� -- %� / � y �%/j'�, ,; ,;'� � � ' �� ' ( � , , /i 3 . ��f� ' . ; . , : '�'i;� � � � ^� ,j/ '� ;,` / ,f'/ / ,11\�.�/- i �i tQ,� Q � � , � '� � � � ,� � � - i `�j " Q __—_�_ � � � � �! � � , �, � ; � �� r '��' � � ;� �' � ,; ,�' Q.�� ` : ' � - � J �,� Q � / � ,, ; '. _ � � ,,�� . .%i� � ' �,,�;�/�� % ; � ; ;; ; ; ;,�' � , .�, , , , . �� ,. , � , ' . • ,, , ,,,� ,'.' , , � �,;,1 � J,;1 ,�/ , i, �, , " '�' ; ,� , '/ , /� / /�/ ' '/ '/ i �- � �� /: % '� /__ � `} � � �" �t�% / � / / - i • (� I i (� y ,�' � �, ' _ _ _ " { � � I � �+t, i �0�. ��y • ; y y � . � �`�: � " .�� +� ;,,� C t�- �,.�: j'�� . ��,� ��'.3r ; ' ��. �.F.I1� ,� � ' � = � w I1� I� 1 . _. _ -- --- � ' � � % . .I- - . - I - - - �1---- _ � �, — — , `., . __-" �.�� " . � ' . ��0� ' � � --- , �� . � �� ;; � . �� -- -- --. _- � - � L � � � I __ � � r N 1�11 O p-� �/ ' �' -- - ---- - � _ � � . � . � �- � � . � i z,.5�i � � O g�_��,,�� ; , � . �; h d � . � ; � � �, �� _,,� ;,L'�Fi � a � u] . �� - � �� i �1 -O fZ�{>� 3 _ ��i�l I W c� � ' '�`�,, �Ci� . . � � ~ O . ! i ' � o�� ! pi � � � e�� •�� ` I e / O , -, ' � \` `L � � o� N� . P� ��J�,,v _ � , � Q� �Y� � �- ...__ _ _ _ _ _ _ � I �� ,� 1--- -----.-. . _..-�--- � �• Y� � � -� � \ — —�� -- - - � , ;r'�' \ ' K u ' � �' `l � �' \ i • ' � � � ram - or� POST OFFICE BOX 705 VAIL, GOLORADO 81658 PHONE �303) 476-5075 TO: Town of Vail FROM: Dave & Tim Garton DATE: November 11, 1987 This is to inform you that Beck & Associates will be completing the landscaping and the fence around the pool/jacuzzi area as part of their contract to finish the Rams-Horn 3rd floor adr�it ion. Should you have any questions or need further information, please do not hesitate to call. � DUDDV-VIELE CONSTAUCTI0IJ, INC. May 11, 1988 Mr. Ben Rose 1476 Westhaven Drive Vail, Colorado 81657 Dear Mr. Rose: • �� • s/ � 3 l�� b• 1�d`� t, t� � � i � I would like to start off by apologizing for encroaching upon your property on Beaver Dam Road. I have spoken with both our project manager, Rick Davis and the job superintendent, John Schell and they have assured me it was a completely unintentional error by the subcontractor not that that should make it any less of a problem. As of this afternoon, work is already under way by Ruder Construction to remove the dirt which has been placed on your property. All machine work will be done from the Ransburg side, so as not to cause any damage. The road that has been created from below the driveway will be abandoned and re-vegetated. The connection at the power transformer will be re-routed from your drive so that it is completely contained on the Ransburg property. Any area that has been infringed upon will be brought back to the state it was in prior to the start of construction. I can assure you that everything has been done in a timely and professional manner to resolve this problem. Again, I am sorry for any inconvenience that any of this may have caused and if you see any further concern, please call me at 476-3082. Sincerely, DUDDY-VIELE CONSTRUCTION, INC. � % , " � �..��. �_ ..�,�' James L. Viele President JLV/di cc: Mike Willis Rick Davis John Schell General Contractors, Engineers • 1000 South Frontage Road West, Suite 202 • Vail, Colorado 81657 •(303) 476-3082 � � ra�s- orn VAIL, COLORADO Bi657 PHONE (303) 476-5646 April 21, 1986 Mr. Marshall S. Cohn Mr. Harold S. Cohn 291 Hillside Drive, N.W. Atlanta, Georgia 30342 Dear *larshall 5 Harold: We have reviewed your plans in reference to making irtprovements to Suite 2(condominiums 2& 3, Rams Horn Lodge Condominiums, Lot A, Block 3, Tract F-1, Vail Village 5th filing). On behalf of the Rams Horn Lodge Condominium Association, Z hereby give approval for these improvements. Sincerely,� /� � � I � ✓" '�`� ii �/ - .�� David Garton, Jr. President Rams Horn Lodge Condominium Association � � � . Project Name: r/ ' Project Description: Contact Person and Phone �/ Owner, Address and Phone: ' Architect, Address and Phone: Legal Description: Lot _ Comments: ' - , _ .� - �. . . -�<� _. � � Project Application Date l , � � � � i , �= �i � i' . Motion by: � i+ � Seconded by: � �� APPROVAL Summary: , Block , Filing ! � �� _�. .__� i � ' � Design Review Board �fown Planner � � '' �� 1 Date: � � 1 � j �—. , � 1' � , Zone �' , � Y i � x. f � I � Date DISAPPROVAL ❑ Staff Approval the printery. va�l ;' � , . ' � . � � APPLICATION DATE: July 14, 1987 DATE OF DRB �1EETI(dG: July 29, 1987 DRB APPLICATION *****THIS APPLICATION WILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBPIITTED***** I. PRE-APPLICATION MEETING: A pre-application meeting with a planning staff inember is strongly suggested to determine if any additional information is needed. No application will be accepted unless it is complete (must include all items required by the zoning administrator). It is the applicant's responsibility to make an appointment with the staff to find out about additional submittal requirements. Please note that a COMPLETE 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. � A. PROJECT DESCRIPTION: Construct a new Pool Equipment Building and remove � --- existing Pool Equipment Building. Construct new fence area as shown on accom- panying drawings. B. LOCATION OF PROPOSAL: Address 416 Vail Valley Drive Legal Description Lot a Block 3 Filing Vail Village 4th Zoning SDD C. NAME OF APPLICANT: The RamsHorn Partnership Address 416 Vail Valley Drive telephone 475-5075 D. NAME OF APPLICANT'S REPRESENTATIVE: Address 143 E Meadow Drive, Suite 30J E. NAME OF OWN RamsHor Partnershi Signature �?% � Address 416 Vail Valle_v Drive Morter Architects telephone 476-5105 telephone 476-5075 F. DRB FEE: The fee will be paid at the time a building permit is requested. VALUATION $ 0 - $ 10,000 $ 10,001 - $ 50,000 $.50,001 - $ 150,000 $150,001 - $ 500,000 $500,001 - $1,000,000 $ Over $1,000,000 FEE $ 10.00 $ 25.00 $ 50.00 $100.00 $200.00 $300.00 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requirements, the applicant must stake the site to indicate property lines and building corners. Trees that will be removed should also be marked. This work must be completed before the DRB visits the site. 2. The review process for NEW 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 fail to appear before the Design Review Board at their scheduled meeting and who have not asked for a postponement will be required to be republished. . � � s � • 4. The following items no longer have to be presented to the Design Review Board. They, however, have to be presented to the Zoning Administrator for approval: a. Windows, skylights and similar exterior changes that do not alter the existing plane of the building; and b. Building additions that are not viewed from any other lot or public space, which have had letters submitted from adjoining property owners approving the addition; and/or approval from the agent for, or manager of a condominium association. 5. You may be required to conduct Natural Hazard Studies on your property. You should check with a Town Planner befiore proceeding. 0 0 C ' . • ' • • � MATERIAL TO BE SUBMITTED ' I. NEW CONSTRUCTION A. Topographic map and site plan of site containing the following (2 copies): 1. Licensed surveyor's stamp. 2. Contour intervals of not more than 2' unless the parcel consists of 6 acres or more, in which case, 5' contour intervals will be accepted. 3. Existing trees or groups of trees having trunks with diameters of 4" or more one foot above grade. 4. Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.). 5. Avalanche areas, 100 year flood plain and slopes 40% or more, if applicable. 6. Ties to existing benchmark, either USGS landmark or sewer invert. 7. Locations of the following: a. Proposed surface drainage on and off site showing size and type of culverts, swales, etc. b. Exact locations of all utilities to include existing sources and proposed service lines from sources to the structure. Utilities to include: cable TV sewer gas Telephone water electric c. Property lines showing distances and bearings and a basis of bearing d. Proposed driveways with percent slope and spot elevations e. All easements 8. Existing and finished grades. 9. All existing and proposed improvements including structures, landscaped areas, service areas, storage areas, walks, driveways, off-street parking, loading areas, retaining walls (with spot elevations), and other site improvements. 10. Elevations of top of roof ridges (with existing grade shown underneath) to determine height of building. B. A statement from each utility verifying location of service and availability. To be submitted with site plan. C. Preliminary title report to accompany all submittals, to insure property ownership and all easements on property. D. Landscape Plan (1" = 20' or larger) - 2 copies 1. Show the location of 4" diameter or larger trees, other�shr'ubs-and^naii`ve plants th are on the site and the location and design of proposed landscape area=s with the varieties and approximate sizes of plant materials to be planted. i� 2. Complete landscape materials list. 3. Designate trees to be saved and those to be lost. NOTE: As much of the above information as possible should occur on the site plan, so that the inter-relation of the various components is clear. The landscape plan should be separate. The existing topographic and vegetational characteristics may be a separate map. The applicant must stake the site to show lot lines and building corners. Trees that will be lost during construction must be tagged. The work should be completed before the DRB site visit. � � • I ' j E. Architectural Plans (1/8" = 1' or larger) 2 copies • 1. Must include floor plans and all elevations as they will appear on completion. Elevations must show both existing and finished grades. 2. Exterior surfacing materials and colors shall be specified and submitted for review on the materials list available from the Department of Community Develop- ment. Color chips, siding samples etc., should be presented at the Design Review Board meeting. F. The Zoning Administrator and/or DRB may require the submission of additional plans, drawings, specifications, samples and other material (including a model) if deemed necessary to determine whether a project will comply with design guidelines. II. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS Photos or sketches that clearly indicate what is proposed and the location (site plan) of proposal may be submitted in lieu of the more formal requirements given above, as long as they provide all important specifications for the proposed including colors and materials to be used. III. ADDITIONS - RESIDENTIAL OR COMMERCIAL A. Original floor plans with all specifications shown B. Floor plan for addition - 2 copies C. Site plan showing existing and proposed construction - 2 copies topos D. Elevations of addition E. Photos of existing structure F. Specifications for all materials and color samples on materials list availab'e at Department of Community Development At the request of the Design Review Administrator you may also be required to submit: G. Statement from each utility verifying location of service and availability. See attached utility location verification form. H. Site improvement survey, stamped by registered professional surveyor. I. Preliminary title report, verifying ownership of property and lists of easements. IV. FINAL SITE PLAN After a building permit has been issued, and when the project is underway, the following will be required before any building receives a framing inspection from the Building Department: A certified improvement survey sho�ving: A. Building locations with ties to property corners, i.e. distances and angles. B. Building dimensions to nearest tenth of foot. C. All utility service lines as-builts showing size of lines, type of material used, and exact locations. 2 copies D. Drainage as-builts. 2 copies E. Basis of bearing to tie to section corner. F. All property pins are to be either found or set and stated on map. G. All easements H. Building floor elevations and roof ridge elevations. � LIST OF MATERIALS � NAME OF PZOJECT: RamsHorn Pool Equiqment Buildinq LEGAL DESCRIPTION: LOT � BLO K 3 FILING Vail Villaqe 4th STREET ADDRESS: 416 Vail Valle� Drive DESCRIPTION OF PROJECT: Construct a new Pool Equipment Buildin and remove existing Pool Equipment Buildin . Construct new fence area as shown on accompanyinq drawinqs. The following information is required for submittal by the applicant to the Design Review Board before a final approval can be fiven: A. BUILDING MATERIALS: TYPE OF MATERIAL ;�• Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues (vent) Flashings Chimneys Trash Enclosures Greenhouses Other COLOR __Built-up To match existinq lx6 To match existinq _Stucco To match existinq Wood To match existinq Wood To match sidinq Wood , To match sidina Metal To match stucco Metal To match adiacent surface B. LANDSCAPING: Name of Designer: phone: PLANT MATERIALS: Botanical Name PROPOSED TREES None EXISTING TREES TO None BE REMOVED Common Name Quanity Size* *Indicate caliper for deciducious trees. Indicate height for conifers. (over) i� • " PLANT h1ATERIALS: Botanical Name (con't) SHRUBS None EXISTING SHRUBS None TO BE REMOVED GROUND COVERS SOD J E C V TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL Type �. Common Name . Quanity Size Replace all disturbed areas. .. Square Footage C. OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please specify. Fences: Wood to match existing fence construction. Pools: Existing wading pool converts to whirlpool. � lIt11�[RT �. O[l�P �Q��AT J• DY[R �, R C. �. OAi00RY iTNT2. 1! C. �MARL[S A. MILL[R r►tAtMiAH 0. DARRY �[T[R N� �LA111, ,III. 110N�L0 �. TAV�OR �IAUL O. UIITI �RtOORY R. GIOMETTI CMI.IIL[� A. MAD160N May 9, 1988 � � $TUTZ� DYEB� MILLEB 8C DBLAP ATTORNEYS AT I,AW TMC �R�ND MAN�IpN a:s �.oa�N aTR[[� DQNVCR,COLORADO 00=0� rr�CfMON! f�0�) •61-�800 rc�rr.,x csos� aso-o��a FACSIMILE C4PY HAND-DELIVERLD � ,�c , � . J � ��_ �� aaa w�� sT11<[T VAIt, C01.ORADO ��fs7 T[L[rMONL (iQ71 +7f-Si7s S1754/2 Mr. William H. Duddy Auddy-Viele Construction, Inc. '� F 1000 South �rontage Road west, Suite 202 � Vail, Colorado 81657 �� Ae: C. David Smith and Myra Baile�Smithj a93 8eaver Dam Road Daar Mr. Duddy: • z. Thi� letter will serve ae the rasponse ot our clienta, Mr. i� Mrs. C. David Smith, to your letter of May 5, 1988. We also wanted to state our position regarding the water diversion activities takinq place on the east side of the above property. rt is exceedingly untortunate that your subcontracti�g excavator began work without diacussinq what would be done with Mr. Smith, who did not authorize anything to be done on his property. We can �tppreciate the need !or aame sort of water diveraion, but not the way this situation was handled. Without relinquiahing Any af kheir rightg or claims, Mr. i� Mrs. Smith are wiiling te allow the water divsrsion to continue on th• following conditionss l. Duddy-Viele Construction, Inc. ie to be tully respon- aible Por any and all damag�, regardle�g ot the amount, cau�ed on or to the 6mith property, including any legal expenses necessary to eaforce claims for �3ueh damages. This may include repair or replacement of the exi�ting pera�nent eulvert and the driveway above it. 2. 3. Mr. & Mrs. Smith reserva any and all riyhts and claims resulting from the tre�pasa�upon their property. Your company and its subcontractors are to minimize any further construction activities on the Smith property. 4. The Smith preperty is to be restored to the condition it was in prior to the excavat�on, greding and construotion nctivity ot your subcontrdctor. � -;� MAY-10-'68 0`.1:22 ID:STUTZ DYER DENVER ...- 0 Mr. William H. Duddy Duddy-Viela Construction. Inc. May 9, 1988 Page Two TEL N0: 5. The water divermion, remtoration and 1 t d on or betore Avquat l, 303 830 0115 ti632 P01 � s�7�a/a • damage repaira are 198$. to be oomp e e . 6. Mr. 6 Mrs. Smith are to have no 1fa511ity or responsi= bility tor downatream damage oaused by tihe water diver�ion. You probably ought to q3ve serious conaider z stion to this possibility, given the fact that the water is draining into an area which will be the site of a good deal o! construction activity by Vail Associates. inc. and othere this conotruction season. , We seriously doubt that pavid Aansburg, th4 owner ot adjacent prop�rty where you are building a houBe, would have agreed to what waa done. My clients are looking forward to a very triendly, neiqhborly relationship with Mr. Ransburg and eertainly do not want such a relationship =o pe �i ed h�$.an excavating contra►ctor who does not understand p p Y 9 If this letter meets with your approval, please sign it in the appropriate plece below �nd return a copy to me. IP there are any qu�stioas pleese give me a call. . �/��r I`�� acs/s •nc. cc: Mr. & Mrs. C. pavid Smith A roved And A r�ed To: u y- � s ons�ru�ci�an, Inc. By: am 8. Du y � � , � �� .:. �: .e , . .� �� -��'�;.j��'N:i *�''�` � , � \ �ir` PERMIT NUMBER OF PROJECT DATE _�: 1 ' � , �_ ,� JOB NAME —�� _�, ' READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAIL — ❑ ❑ FINAL CALLER MON TUES � � INSPECTION REQUEST TOWN OF VAIL WED THUR i FR ` PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING — ❑ POOL / H. TUB _ ❑ O ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ � - � �`� ' :-T O � , . . ,. FINAL � � `'��'-�:�� ❑ FINAL -� ,�4PPRQV�D �'��'1�� ='��~ � ❑ DISAPPROVED � /Z �, ,�'o� "c -':��;� ;� � ��`::�^.�� COFiRECTIONS: `. _��.`�`k ..�C„� °r��C�� -��>L� _ � :� � -,,.� ' � .'�,> � .C'� �: , _ � � - �'� C'r.�`� � - � � � - � i �' �� 9 DATE � %"j � INSPECTOR � � .,, . .__. � �� — AM �� PM ❑ REINSPECTION REQUIRED . � i = t _ � � - ✓/�/it--�� tne printery/vail , ,� . . ., _� . . ._ , � . , . , . . _ . _. . i. �, `+Sr ! f � J � `y I PERMIT NUMBER OF PROJECT � DATE � � � �� JOB NAME � READY FOR INSPECTION: - MO r� LOCATION: �� ' S � --� BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAIL — ❑ ❑ FINAL ELECTRICAL: � TE,�M�OWER ❑ �iOUGH ❑ CONDUIT — ❑ FINAL �� APPROVED�'��: ` CORRECTIONS: _ �v�'l� � INSPECTION REQUES�� TOWN OF VAIL -___�_ �� G� j�� ; ii_� �� t� l ' CALLER U _��,,� _,��._ � 1 'i �_ L %�'�-' � ,' TUES WED < THUR ,,,FRI � AM �PM .� � d -{" �`y � !` � 0 0!� � "„7 —�- --f ; , ? c . _� N_-�_7` ��-, i _ _' <_- ✓ i.:� � , _ ,, _.� , ;�_ ` � _� ❑ DISAPPROVED �-- PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING — ❑ POOL / H. TUB _ ❑ ❑ ❑ FINAL MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ ❑ FINAL (��- DATE '�� r�� %� '� INSPECTOR ❑ REINSPECTION REQUIRED r � /i � �•I-L c : ' -� �' �' �- {-i: j� ,!�. r the printery/vail a� , , ��, \� . �j. .�.,i, ��s �� INSPECTION REQUEST PERMIT NUMBER OF P OJECT TOWN OF VAIL � � ��.._ �� l � DATE ' �..� � — \ JOB NAME - '�', `` _:\�`,, READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL — ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAII� — ,, � - �, � - y�; �_FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH 0 CONpUIT ❑ ❑ �INAL KPPROVED RRECTIONS: CALLER MON TUES ��- �. WED THUR FRI ❑ DISAPPROVED f �. � . .•—�- F a PLUMBING: ❑ UNDERGROUND � ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING _ ❑ POOL / H. TUB _ ❑ ❑ � ':_ C�FiNAL �'--> -- �� MECHANICAI: ❑ HEATING ❑ EXHAUST HOODS � SUPPLY AIR ❑ NAL � `� t:._. AM P � ❑ REINSPECTION REQUIRED l- � ` � � k � _'; �, �? 1,,.) rV ��- '� (.�' � 12e Ck `� � GY� n�-e Q�2� ��--�' I ,�� , ii cI 11ru ��- � I�l y- +.. rZ-t �-� DATE INSP � � ihe prinlery/vail �� s .: ., :. , _� . r ,- . , . a . , . , � , -�a� fi�y':`�+;i.��` . y � . . . . r �+ �. � .r +,}k' �€:.. ":'+�... _ , �, �-. 3 � i ` `\\`� \ \\ . . , , . � _'_ h `��`�� INSPECTION REQUEST PERMIT NUMBER OF PROJECT TOWN OF VAIL .`. �, . '1 -�� DATE `,� _ ` - -- JOB NAME -.__\. :; �-� . READY FOR INSPECTION LOCATION: '� CALLER , ,�_ �._., �_ _ .,: :> MON TUES WED THUR FRI ��p;� pM BUILDING: PLUMBING: ❑ FOOTINGS / STEEL ❑ UNDERGROUND . ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. _ ❑ FRAMING ❑ ROUGH / WATER . ROOF & SHEER ❑ GAS PIPING � PLYWOOD NAILING ❑ INSULATION ❑ POOL / H. TUB _ ❑ SHEETROCK NAIL ❑ � ��,< � - . ❑ `� ----_ _ ❑ FINAL _ �\� ��:,.,`,. . ; . }.. '� ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ ❑ FINAL ❑ FINAL '� ' i ;; ' 1'APPROVED ❑ DISAPPROVED i CORRECTIONS: � ` � �, ,. �, f-'y ': r � i �'' ` \� 2 4' _,.... , , 4 ❑ REINSPECTION REQUIRED � i , ��y � X ;` � _n r DATE _" QY1� - �� , ! t. � � �. � INSPECTOR' ',: \_ —� ' I / 1 � Ihe printeryivail � � � PERMIT NUMBER OF PROJECT DATE '` ` ` JOB NAME READY FOR INSPECTION LOCATION: CALLER MON TUES INSPECTION REQUEST TOWN OF VAIL � , . . .4 ��. . �� ''y.\i . t, - .� � �� . , , �,_ , WED �. THUR FRI �'�"� ' `.AM p(�j-. BUILDING: PLUMBING: ❑ FOOTINGS / STEEL ❑ UNDERGROUND O FOUNDATION / STEEL O ROUGH / D.W.V. _ � FRAMING ❑ ROUGH / WATER � ROOF & SHEER PLYWOOD NAILING ❑ GAS PIPING _ ❑ INSULATION ❑ POOL / H. TUB ❑ SHEETROCK NAIL ❑ ❑ O ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: O TEMP. POWER ❑ HEATING O ROUGH ❑ EXHAUST HOODS ❑ CONDUIT .�,, , ❑ SUPPLY AIR O � �`� � �-� ` � , �. . .�` �_ FI NAL _ , `�,� � ;� \ �� ` � ti; � � ❑ FINAL _ �J APPROVED _P,,-_ CORRECTIONS: _ ,, : �� l.�- 3 1 ❑ DISAPPROVED - � f :1 ,-f DATE _ �% � � � �>��- �" / INSPECTOR r ❑ REINSPECTION REQUIRED � ��-2 .�%�� r , . ; , ,. �� . _..� . � . _ .. , , � . � �� . .:. �...; . � � � . ...� �" �.�� , . �. � �� f . � , . . � � INSPECTIDN REQUEST TOWN OF VAIL %� PERMIT NUMBER OF PROJECT DATE �� ,';y:j I-� JOB NAME _ 1�/k-t.�'l%L�IC� ' __ �.i . . READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING - ❑ INSULATION ❑ SHEETROCK NAIL - ❑ ❑ FINAL CALLER it MON ,� TUES �..��: - - WED THUR' FRI PLUMBING: O UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING - ❑ POOL / H. TUB _ ❑ O ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ ❑ , Ctil FINAL -%� ❑ FINAL {3 APPROVED CORRECTIONS: � DISAPPROVED ;: �' �-�-' %`��J: , r.;� . �AM � f PM ; + L � �� ❑ REINSPECTION REQUIRED � -. ; ° �, ; �ylrp b I �'( �' `�l j/ "i t '! i�� ' '��_�.�s l " .,l� ��..r� ^t„ '> _.0 �� ' / ' f � ��f � � (. , I , . _ t,`__ `J' i� "t� /2" �. � _ °� DATE I � % f � INSPECTOR Ihe printery/vail ,�� :' . ,. , - `�`�,�� .,,.., �� ,� : �a �' � � �-I I PERMIT NUMBER OF PROJECT , , � DATE � -�--� JOB NAME —�=F-�.2�� `_ � �� t.', t"_. l.�l.�,..�C�.t�y CALLER READY FOR INSFtECTION: MO TUES WED �J 1 ;; LOCATION: ! �' ��—�� P.�C� � ��-��` BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL � FRAMING ROOF & SHEER � PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAIL _ ❑ FINAL ��--", ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT — ❑ ❑ FJ�IVAL �'` -_ INSPECTION REQUEST TOWN OF VAIL � - r"1,. THUR �FRI �AM 1 PM PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING — O POOL / H. TUB _ ❑ ❑ ❑ FINAL MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ ❑ FINAL ,,�PPROVED ,❑ DISAPPROVED ` C�=�EINSPECTION REQUIRED CORRECTIONS: -�-'=.'"�`u -�'�� ,,,�j��. ��/`�'—�� .�j z.� �; , � � ��/ / DATE "S�`� �%"�� INSPECTOR �=-�- _,---._______-__ the printery/vad � � �—� _,�-�, ,f-_ ,..,o.�,,�,�,� �. . . . , � 4� �T . , � ; � �� r�� - - ..� � ._� INSPECTION REQUEST PE IT UMBER OF PROJECT TOWN OF VAIL , __.�_ DATE �-� -� JOB NAME � i i.. . '�.-, i 'i READY FOR INSPECT�ON: '�� MON TUES LOCATION: �lC�,�X ��K�x4�f BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING - ❑ INSULATION ❑ SHEETROCK NAIL — 4( w ._ 1 -�.-� ' , ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT — O ❑ FINAL �A � � A�'f F30VED _7` :,bRRECTIONS: _ ❑ DISAPPROVED D THUR FRI � . AM `ti PM PLUMBING: � UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING ❑ POOL / H. TUB ❑ ❑ ❑ F+AIA L MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ � ❑ fiid�l L � , ; _-F ❑ REINSPECTION REQUIRED U Iti � �C ''� �� C'�1,�._. DATE INSPECTOR� � tl�e PrinMry/vall �"'�� .'� .� \Y� � � �. , , PERMIT NUMBER OF PROJECT i i_ DATE � � � JOB NAME . ; READY FOR INSPECTION LOCATION: ��' I BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING � �� ROOF & SHEER �`�PLYWOOD NAILING - ❑ INSULATION ❑ SHEETROCK NAIL - ,'❑ � K 1 ❑ FINAL ., ELECTRICAL: O TEMP. POWER ❑ ROUGH ' 0 CONDUIT O FINAL ,�APPROVED �, . CORRECTIONS: CALLER MON TUES WED , � " I �' INSPECTION REQUEST TOWN OF VAIL %�� J s� � � �— � `, f �� _� ..r THUR FRI ) AM PM ,,_......- PLUMBING: ❑ UNDERGROUND _ ❑ ROUGH / D.W.V. - ❑ ROUGH / WATER _ ❑ GAS PIPING ❑ POOL / H. TUB - ❑ ❑ ❑ FINAL MECHANICAL: ❑ HEATING � EXHAUST HOODS ❑ SUPPLY Alfi ❑ ❑ FINAL ❑ DISAPPROVED ; . ,' ,_. ,� ',t'..(, � ... , %, � Z, �� ❑ REINSPECTION REQUIRED ; ` J r,, .r'� �� - y,. � �./' . ' , ; , ' a_ . . � ' ,Y ... ' : ' " _ .' ` . . � -� �.. . DATE ��` ;; �' INSPECTOR : -'G'�Y�� , - ;. �,, the printery/vail � � st ��14`_�, ,�'.'•r 7e,;:t1 r�t-�::��r .,i+,�`°'+-`'i��tiF,:%� -.�-�°."'y" � PERMIT NUMBER OF PROJECT � DATE '� �� `� � � � JOB NAME READY FOR INSPECTION: MON LOCATION: INSPECTION REQUEST TOWN OF VAIL �, CALLER 1 - \s__: � ., :... TUES WED THUR FRI AM PM BUILDING: PLUMBING: O FOOTINGS / STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER � ROOF & SHEER ❑ GAS PIPING — PLYWOOD NAILING ❑ INSULATION ❑ POOL / H. TUB _ ❑ SHEETROCK NAIL ❑ ❑ ❑ �;FINAL �; ` .'- � ;- - -�'.::. -' ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT _ ❑ � FI`CVAL �, �,fc1'`APPROVED CORRECTIONS: _ ',, MECHANICAL: ❑ HEATING � EXHAUST HOODS ❑ SUPPLY AIR ❑ � ❑ FINAL ❑ DISAPPROVED _ . _ _. ; ,.'._' _ �—= /��; �,,.. DATE ` � �`� �`' INSPECTOR — ❑ REINSPECTION REQUIRED the pdnhry/vail / c: . ,�� . � " . , - `� , .. .: �. � � � � �� !; � ';,.,\y\\� PERIVIIT NUMBER OF PROJECT � r'�. � r.�: `, ' � DATE JOB NAME _ ��`��'�ti� �' READY FOR INSPECTION LOCATION: BUILDING: ❑ FOOTINGS / STEEL _ ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER � PLYWOOD NAILING — ❑ INSULATION ❑ SHEETROCK NAIL — ❑ r� FINAL ' — ELECTRICAL: ❑ TEMP. POWER 0 ROUGH ❑ CONDUIT ❑ ❑ F,I'�JAL r- - � � F,�PROVED , j CO�iRECTIONS: INS�ECTION REQUEST TOWN OF VAIL CALLER ��`� t�-�� , � � � - MON TUES WED THUR FRI ', " AM PM PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER O GAS PIPING — ❑ POOL / H. TUB _ � ❑ MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS . ❑ SUPPLY AIR ❑ �'�'� --- - � ❑ DISAPPROVED �� __',�;�_ `� �; � � DATE � ^� "� (, " �� INSPECTO � ❑ REINSPECTION REQUIRED � t�e printery/vaii � � FINAL INSPECTION'S COMPLETED The below items need to be complete before giving a permit a final C of 0. Please check off in the box provided. � FINAL PLUMBING _ � ,— �. DAT E : , '�, � ; � �_ FINAL MECHANICAL DATE : `\`, , �, `�_ � � ,� ��. ; .� �� _ � FINAL ELECTRICAL� � " `X'� �1.�\ � ��ti, '- � � �� , DAT E : FINAL UILDING , �� DATE : �';�� . � � ' �, ; , CFRTIFICATE OF OCCUPAfdCY DFTE: TEMPORARY C of 0 �� ,`\,_�� u�� DAT E : � �.�',�" ,� tow� of uai 75 south frontage road vail, colorado 81657 (303)476-7000 August 21, 1987 Mr. David Garton & Mr. Tim Garton Ramshorn Partnership 416 Vail Valley Drive Vail, Colorado 81657 � office of community development RE: Final approval of the Ramshorn Condominium 3rd Floor addition Dear David & Tim, On August 4, 1987, the Vail Town Council gave final approval to your request for a Special Development District to construct a 3rd floor addition onto the Ramshorn Condominium Building. The addition allowed for approximately 4,880 square feet of GRFA divided into three dwelling units and five lockoff bedrooms. The Design Review Board also gave the project final approval on August 5, 1987. Attached to this letter is the Special Development District for the Ramshorn Condominiums which clearly outlines details of the approval. If you have any further questions please feel free to call me. Sincerel , i c� ristan rit Town Planner � _��:I��Q� .__._.� \ � �---_.-----� ._--�-_ . .---. . --_± . , � i ; � � �. � � i ' � � : : IIIIIN � ��I�� . C?) G�}�Mr�,iEY �L.�.iE G�-�4+ i �I) , � 1 �� G IMN�� G� �� -----r?-' �'T -� --�-- ; � , �ii �,� ��-- �'�' �i ,�,�� I�� . . _ _ I��, U = W�, -�; � __..___�.-- , � : t � , � o� c_ �� -�'r�? _�__ � � ' .._ _ _.��-�,�-�� i � � c�, ��-Lv �+� r. MrL GN�MNEY ep-�° - pr°�+rJT�b � _� I,�pE y�� ; i, �o,� , , — -� � t + . __ _._.,_....._ . _ . -----� ----T-___.___ _ - . _ _ _ . - , - , . , F=- - ��X y�� STEE� ��---- - .� _ . �� C.�, G+r�v, ��+r. � ' Mr�. �+'� - �'xY�}' �a-r(,, ��M;- � • %lj'x I%1''t�-I�►�' � _. f0� p.G.wti�aP� 1orS � . �I�xl�"x 2�'S' V�FT' �?l, ►�tf� � ''�"�•�: � (1) I� x �b� �o wIL ►7r� �' __ -- W�,� , o..��t-Y . ��'9Y� --�- i� x'� h�l• � -' W �G�l� i�o-G. I � _ .:_ _. _ _ _r.�1_ �GTl �I�. , _ I_ � �� M - �� n�. y.�� .ES � � �-o�� ; o.G. Tv ��x �Nr '�- �'' I� l �_ I�IX �._.Yx ^��^Y �b 'l � � ( Ll'jNCo STL P��-RS ii e ��O.C. � t _1 �� NOR-I Z, I�x ��j' ! � Sr�. P�rF we�o�� E�i E.�`( 3�° vE P�r �t� -�II .� =J Io�S 2� Cp� , !'i,Ai.v. S �T M1'L . �1,�5 ►� i N C� �� ----- -------- _._._ _ _=N _.__ �r-�-�,--= d, . .o . , � � -- , � � I -t------- G _ _ � ��--� __ _ � � ., _ ___ _ ; ______� � �� ' ;� _ ; ; � ; � .�'_ r' � I ,' , ! � ;, . . `� � �� . _ � � I �. � ----� _ ; __ � � --- - � ; RAMS HORN ADDITION Chimney Cap Detail �� -�" �i►�-I� L`J �.r/� �� ,�� €� �T��v -j'Rl M �XUI..JOt-�I�TK�G I��i'=1'-�N v GfL� , �ivi �►+c.�. �J/ M I"�EiZ�1= �� RAMS HORN ADDITIO�`: �UIMN�� TA�I� 1 %Z''�I'-a" ��/ � �� f� �� !Mb�-►-� ' �i �� Y�'� � l.�-� � v�C,� � er �2�✓�l % �.�� ,��-- � -� '�7 �-� �/� �� ; ___.�;___ _ _ ; _.�__�_ ___.:_____._� ___�______ ___.__________. ; , ___��.__:;_____.�_._._�____.___ .__ ._�___ __ __ �__ _.._��________ _ __� _ _._ . . _______��_____.___ �,___._�_____ ___ ____ _ _ _ _�__ _ _ _ ____ ___ _ _ . __ _ . _______.____ _ _ __ �___ __ __ ___ . ___�_ __� ____ � � � �. / /'.� l ��, � �'� _"' (��tiw+�-"�`J �CvVLS �� d� ��CS � `� � �N �-�� ,�,.� �-�1.�� s �. <<--� d�� a►� ��s�� 3 5 ��, ��,, � e�� .�� ,�� .�( o�.,. � s� �,��, � �.-t- � �c� � Q�� , ,�� Gc� s� �� Jcl �.�� ,� � � __ ��1� �d��. ��t-- ��-- �� E�� -�- -_ ._ . 5`� � � � c�� , �� ,, �� C��. �e,,�� e-�c� �, ��.1 �� . c��,,,� � �►Ci� � � ►; _ _ --`/ ` � �s 3 � .J�,� Go��-r.`� ��F%�,.-1 � l� �.-� IG�.ds��.��,,, ��,�� er�� l� �.� ��.��4�� -.I,.�S,� - J�,� , I��SC�(.�.- e��v�v�� -% J',ck.-�w�— ��r.v�EST��c..� `r�C-�2o� �jv� Cl�t rv. /��.5 .�-�� L �Y�. ��-�.�-- �� $r JC�S inc�l� Zan 't�,l SNC.��j �'� �� G lc� c�a ss L, w.� ;, 3� 5"�J�.S v�ee�. seti.Q_ '�-�ov5�'lt-- S� � L.e��.� G.5 w� ��<..�s �- �i�,�„ �e..� r ; ,.' �_ � . C� MINUTES VAIL TOWN COUNCIL MEETING AUGUST 4, 1987 7:30 P.M. � A regular meeting of the Vail Town Council was held on Tuesday, August 4, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Hermann Staufer John Slevin None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a Consent Agenda, consisting of the following items to be considered: A. Approval of the July 7 and 21, 1987, Evening Meeting minutes and July 28, 1987, Special Meeting minutes. B. Ordinance No. 25, Series of 1987, second reading, reapplying zoning reannexed East Intermountain. C. Ordinance No. 26, Series of 1987, second reading, reapplying zoning reannexed areas known as the Valley, Ridge at Vail and Cliffside. D. Resolution No. 22, Series of 1987, designating Resources Industrial a Town of Vail Depository. to to Bank as Attention was drawn to the minutes of the July 28 meeting, with the following changes being made: / A. B. C. � Ron Phillips was absent from this meeting. Under Ordinance No. 28, Series of 1987, John Slevin questioned whether wording for signage, Section 8.28.030 Solid Fuel Burning Devices, "Caution - Gas Fireplace Only," was correct. Upon checking with the proper sources (i.e., building and health officials and published ordinance), the wording was found to be correct. Under discussi.on of the "Aurora" sculpture, it was noted the request to purchase be sent back to the actual Public Art Task Force for final review. Under "Other," the Council had requested site visits become mandatory for appeals and call-ups on DRB and PEC decisions. Additionally, the Council requested they be notified of the DRB appearance for upcoming review of the Blu's expanded deck. There was also discussion regarding Item D, Resolution No. 22. Kent Rose requested that for this depository, as well as future ones, that an actual physical address be listed within the resolution. The address for Resource Industrial Bank is 101 Madison, Denver, Colorado. Kent Rose moved the consent agenda be approved, with the noted changes to the minutes of the July 28 meeting and to Resolution No. 22, and John Slevin seconded this motion. A vote was taken and the motion passed unanimously, 7-0. The second item of business was Ordinance No. 24, Series of 1987, second reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Municipal Code of the Town of Vail; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and artisans and setting forth certain exceptions to said restrictions. After discussion, the following changes were requested for the final form of the ordinance: � ti �1� • �'� �-� 1. Section 5.20.020 E. "Street Entertainer" To read -"Street Entertainer" means a person who performs mime, magic, music, juggling, comedy, story telling, or other types of entertainment on public streets, property, or rights-of-way at no charge to the public. 2. Section 5.20.020 F. "Street Artisan" To read -"Street Artisan" means a person who creates and sells portraits, landscapes, streetscapes and other types of two dimensional art on paper, canvas, or similar material while on public streets, property, or rights-of-way. 3. Section 5.20.070 A. License - Term - Cancellation To read: A. A transient dealer's, street entertainer, or street artisan license issued under this chapter may be revoked by the Director of Community Development, or his/her agents, for any of the following causes: A licensee may appeal any such decision to revoke a license within ten days following such revocation to the Town Council. Upon hearing such appeal, the Town Council may uphold, overturn, or modify the revocation. 4. Section 5.20.090 Selling on streets prohibited To read: This section shall not, however, be deemed to prohibit the selling of taxicab or pedicab services or horsedrawn conveyance rentals on the streets or rights-of-way within the town, where such vehicles are permitted to operate by the laws of the town or activities of street entertainer or artisan as permitted under this chapter. 5. Section 5.20.095 A. Street Entertainer and Street Artisan To read: Of these permits, no more than two shall be issued for the Vail Village area, nor more than two for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first-come, first-serve basis. 6. Section 5.20.095 B. To read: Of these permits, no more than four may be issued for the Uail Village area nor more than four may be issued for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first-come, first-serve basis. Eric Affeldt moved to approve the ordinance, with the changes included per Kent Rose, and Kent Rose seconded this motion. A vote was taken and the motion passed 'unanimously, 7-0. __ Th�_�e��--�tem__of business was Ordinance No. 27, Series of 1987, second reading, an ---- - ----- ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. Peter Patten noted the following correction should be made: Section 4. Development Plan. Sheet 1. Site and Landscape Plan - Final Revision: 4 August 87. Gordon Pierce suggested the electrical conduit for the street lights along the public walkway to be arranged for by the Town of Vail staff and the developer prior to laying the walkway. Kent Rose moved to approve this ordinance, with a second from Gordon Pierce. A vote was taken and the motion pass unanimously, 7-0. The fourth item of business was a request from Holy Cross Electric for an easement. Tom Braun explained the background on this request. Richard Brinkley, manager of services for Holy Cross Electric, spoke on behalf of the applicant and the judiciousness of approving this easement. Chris Neuswanger lodged a citizen complaint in regard to placement and lack of landscaping of a similar transformer box on his private property. And Brian McCartney, head of mountain operations for Vail Associates, spoke regarding the necessity of this easement for mountain operations for this coming winter season. After considerable discussion regarding size of transformer boxes, placement, and screens or landscaping, as well as a possible DRB approval process becoming mandated, it was decided that the final placement and -2- � � s �� • screening be worked out between the Town staff and Holy Cross. Special sensitivity to aesthetics will be shown. Kent Rose moved the easement be approved, and John Slevin second this motion. A vote was taken and the motion passed unanimously, 7-0. The next item of business was Citizen Participation, and there was none. Under Item 5, the Town Manager's Report, Ron Phillips deferred his report to Stan Berryman. Because of a recent decision on the State level, local zoning will govern the blue highway advertisement signs. Additionally, everyone was reminded of the Signage Meeting to be held at the Raintree Inn on Wednesday, August 5, 1987, at 7:00 p.m. There being no further business, the meeting was adjourned at 8:55 p.m. Respectfull�r-�submitted, ATTEST: c�tr� Pamela A. Brandmeyer, own Clerk Minutes taken by Pamela A. Brandmeyer . � �Cn/[ JoFy�l�ston, Mayor -3- .� 'r � ; ORDINANCE N0. 27 Series of 1987 � 2�� r1CC �� Qj� �E a �� ,,� 1 ,� �� L �� AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT �' G � (KNOWN AS SDD N0. 17) AND THE DEVELOPMENT PLAN IN ACCORDANCE �,I WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH 1�,�1�� d� DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal code authorizes special development districts within the Town; and �� s�� WHEREAS, the Ramshorn Partnership, owners of the Ramshorn Lodge, has submitted an application for special development district approval for certain parcels of property within the Town known as Lot A, Block 3, Vail Village 5th Filing and a part of Tract F-1, Vail Village 5th Filing and a part of vacated Hanson Ranch Road right-of-way known as Parcel RH as further depicted on the attached survey (Exhibit A); and WHEREAS, the establishment of the requested SDD 17 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 17. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Amendment Procedures Fulfilled, Planning Commission Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD #17. Section 2. Special Development District 17 Special Development District No. 17 (SDD 17) and the development plan therefore, are hereby approved for the development of the three parcels noted above within the Town of Vail. v _ `\ _ . � 1� , � � Section 3. Purpose ❑ Special Development District No. 17 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to prom�te the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 17 which cannot be satisfied through the imposition of standards in a Public Accommodation zone district. SDD 17 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan A. The development plan for SDD 17 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of the following plans by Morter Architects and consists of the following documents: 4 ��. Sheet 1. Site and Landscape Plan - Final Revision: � 87. Sheet 2. Existing First Floor Plan - Phase One - 29 June 87. Sheet 3. Existing Second Floor Plan - July 2, 1984. Sheet 4. Ramshorn 3rd Floor Addition - Final Revision - 17 July 87. Sheet 5. Existing Phase Two Floor Plans Final Revision - 29 June 87. Sheet 6. Ramshorn 3rd Floor Addition Proposed - Elevations - 29 June 1987. Sheet 8. Ramshorn 3rd Floor Addition - Building Section 29 June 87. B. The development plan shall adhere to the following: Setbacks Setbacks shall be as noted on the site plan listed above. Height Heights of structures shall be as indicated on the elevations listed above but in no case shall exceed 42 feet on any part of the site. Coverage Site coverage shall be as indicated on the site plan listed above. Landscaping The area of the site to be landscaped shall be as indicated on the final landscape plan approved by Design Review Board and on file in the Community Development Department. • , � . ( . J 1 Parking � � Parking shall be provided as indicated on the site plan, but in no case shall the site have the ability to park less than 41 automobiles. Section 5. Density SDD 17 shall not contain more than 22 accommodation units representing 7,529 square feet of gross residential floor area (GRFA) and 10 dwelling units representing 9,521 square feet of GRFA. The site shall have a maximum density of 21 units representing a total GRFA of 17,050 square feet. Section 6. Uses Permitted, conditional and accessory uses shall be as set forth in the Public Accommodation Zone District. Section 7. Use Restrictions Owners' use restrictions for all of the dwelling and accommodation units except the third floor addition as proposed and approved in July and August of 1987 shall be as set forth in the condominiumization approval granted to this property in 1984 please refer to the June 20, 1984 memorandum and attachments from Community Development Department to Planning and Environmental Commission). Said restrictions are on file in the Community Development Department. Owners' use restrictions as per Section 17.26.075 of the Town of Vail Subdivision Regulations shall apply to all of the third floor addition as proposed and approved in July and August of 1987 with the exception of 1556 square feet of Unit B located on the southerly end of the third floor. Thus, dwelling units A and C as well as five accommodation units (allowed to be used as bedrooms for the adjacent dwelling units) shall be restricted as far as the owners' use as per Section 17.26.075 of the Vail Subdivision Regulations. Section 8. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 9. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently 9 I � � � toward the completion of the project. � If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding sub-section, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 10. Conditions of Approval for Special Development District 17 1. � 3 4 The SDD shall encompass both Lot A, Block 3, Vail Uillage 5th Filing and Tract F-1, Vail Village 5th Filing and Part of Parcel RH as shown on Exhibit A. Tract F-1 shall be restricted in that all density which could be realized from the rezoning to pubic Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing all parcels owned by the Ramshorn Partnership. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. This additional parking shall appear on the final site plan. A concrete sidewalk a minimum of six feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant. Final design of the sidewalk shall be agreed upon before a building permit is issued and the applicant agrees to enter into a written, binding agreement at the time of building permit for the construction of said sidewalk. If, in the sole opinion of the Vail Town Council there exists an inadequacy of parking on the site, notice shall be given to the condominium association. Within two weeks of said notice the association shall institute valet parking. Valet parking will be utilized from that point forward when conditions warrant (i.e. when peak parking demand is experienced). Violation of this provision will constitute a violation of the zoning on the property according to this ordinance. . � i� � � . ( 5. The design of the sidewalk and landscaping and possible street lighting adjacent to the sidewalk shall be discussed at the Design Review Board level. 6. The use restrictions as described in Section 7 of this ordinance shall appear in the condominium declarations which are recorded with the Eagle County Clerk and Recorder, and that this provision of the declarations should not be amended or repealed without the approval of the Town Council. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. i , +� � , INTRODUCED, READ AND PASSED ON FIRST READING THIS � 21st day of July , 1987, and a public hearing shall be held on this ordinance on the 21st day of July , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 21st day of July , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ATTEST: Pamela A. Brandmeyer, Town Clerk , 1987. Paul R. Johnston, Mayor ' �. -. � ., , �., .. � , . � , .'. v� �i , � � ORDINANCE N0. 21 Series of 1987 � ,�� , �.- � �, �� c /� �U�' � '� � v� � AN ORDINANCE AMENDING SECTION 17.26.075 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL CONCERNING CONDOMINIUM CONVERSIONS. WHEREAS, Ramshorn Partnership has submitted an application to amend Section 17.26.075 of the Municipal Code of the Town of Vail; and WHEREAS, the amendment provides a reasonable solution to creating a balance between owner use and guest use of a converted condminium; and WHEREAS, the short term bed base for the community will continue to be protected through this amendment; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of this amendment to the Town Council; and WHEREAS, such amendment must be approved by the Town Council of the Town of Vail; and WHEREAS, the Uail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend said Section 17.26.075. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Section 17.26.075 A.1. is hereby amended to read as follows: A1. An owner's personal use of his or her unit shall be restricted to 28 days during the seasonal period of December 24th to January lst and February lst to March 20TH. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner's occupancy of a unit or non- paying guest of the owner or taking the unit off of the rental market during the seasonal periods referred to herein for any reason other than for necessary repairs which cannot be postponed or which may make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. i- - � � . j r" � INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Uail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Kent R. Rose, Mayor Pro Tem ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. ATTEST: Pamela A. Brandmeyer, Town Clerk Kenr R. Rose, Mayor Pro Tem L� ~ .w • MINUTES VAIL TOWN COUNCIL MEETING JULY 21, 1987 7:30 P.M. • O�� t.' � Z � A regular meeting of the Vail Town Council was held on Tuesday, July 21, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer Paul Johnston, Mayor Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 21, Series of 1987, second reading, � - --------- -- ------- _ amending the TOU Subdivision Regulations concerning condominium conversions in Section 17.26.075, which title was read in full by Mayor Pro Tem Kent Rose. Kristan Pritz explained two changes had occurred from first reading, the first appearing in Section A.4., supplying a definition of "permanent resident", and the second in Section 3.C., noting the time procedure for releasing unsold units to the tourist market. Following discussion, Hermann Staufer moved to approve the ordinance, and Gordon Pierce seconded that motion. A vote was taken and the motion passed unanimously 6-0. The second item was Ordinance No. 23, Series of 1987, second reading, an ordinance adding Chapter 18.09 to the Vail Municipal Code, such chapter to be entitled Hillside Residential District, and setting forth development standards for such zone district, which title was read in full by Mayor Pro Tem Kent Rose. Rick Pylman called attention to Section 18.09.030, where a typographical error needed deletion, as well as changing "Eqestrian centers" to "Equestrian facilities". Following discussion, Gail Wahrlich-Lowenthal moved to approve the ordinance, with a second coming from John Slevin. A vote was taken and the motion passed unanimously 6-0. The third order of business was Ordinance No. 24, Series of 1987, first reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Vail Municipal Code; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and street artisans and setting forth certain exceptions to said restrictions, which title was read in full by Mayor Pro Tem Rose. 'Following discussion, including suggestions to be considered prior to second reading, Gordon Pierce moved to approve the ordinance, with Hermann Staufer seconding that motion. A vote was taken and the motion passed unanimously 6-0. The next item was Ordinance No. 25, Series of 1987, first reading, an ordinance imposing zoning districts on parcels of property in the recently reannexed West Vail area including, but not limited to, Vail Intermountain Subdivision, R�ocks 1, 2, 3, 4, 5, 6, 8 and 9 and Stephens Subdivision as well as certain unplatted parcels, which title was read in full by Mayor Pro Tem Kent Rose. Rick Pylman explained this is a reapplication of the original zoning for the area commonly known as East Intermountain, now that this area has been reannexed to the Town of Vail. Hermann Staufer made a motion to approve the ordinance, with a second coming from John Slevin. A vote was taken and the ordinance was approved unanimously 6-0. The fifth item of business was Ordinance No. 26, Series of 1987, first reading, an ordinance imposing zoning districts on parcels of property in the recently reannexed West Vail area including, but not limited to, Lionsridge Filing No. 2 and Filing No. 4, Ridge at Vail, and Cliffside, which title was read in full by Kent Rose, Mayor Pro Tem. Gail Wahrlich-Lowenthal moved to approve this ordinance, with a second by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. ,� "�� , � � � The next item of business was Ordinance No. 27, Series of 1987, first reading, an ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto, which title was read in full by Mayor Pro Tem Kent Rose. Peter Patten gave a thorough explanation regarding the background for this 7roposed special development district, and Jay Peterson represented the applicant, Ramshorn Partnership. After considerable discussion, Eric Affeldt moved to approve this ordinance, based on the following conditions per two staff inemos, dated July 13 and 21, 1987: 1. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing. Tract F-1 shall be restricted in that all density which could not be realized from rezoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site, and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces. A new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make every effort to provide an additional two parking spaces for overflow guest parking on the site. 3. A concrete sidewalk a minimum of six feet in width, with a concrete curb �separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant and shall be agreed upon before a building permit is issued. 4. The applicant shall solve any future parking problems on-site by utilizing valet parking. 5. Design of the sidewalk, landscaping and possible street lighting shall be discussed at Design Review Board. Additionally, a deletion in Section 5. Density, was called for in a change from "21 units per acre" to "21 units representir.g a total GRFA of 17,050 square feet". In Section 7. Use Restrictions, "Unit B located on the northerly end of the third floor," was changed to, "Unit B located on the southerly end of the third floor". A final addition occurred in Section 10. Conditions of Approval, 6, with wording completed as follows: "The use restrictions as described in Section 7 of this ordinance shall appear in the condominium declarations which are recorded with the Eagle County Clerk and Recorder and that this provision of the declarations should not be amended or repealed without the approval of the Town Council." Hermann Staufer seconded the motion. When the vote was taken, the ordinance was approved unanimously 6-0. The seventh item of business was a sign variance request for the Vail Conoco station. Rick Pylman explained the variance request, with Jim Morter representing the applicant as his architect. Following discussion, Eric Affeldt moved to support the DRB decision and to grant this variance, based on the staff inemo dated July 21, 1987, in which is specified that the smaller sign (3-1/2 square feet, wall mounted) should be excluded from the variance. This motion was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. The next item for discussion was a review of a PEC decision to approve an exterior alteration and conditional use permit at Blu's Restaurant. Tom Braun expla�ned the background for this request, and Jay Peterson, as attorney for the applicant, and Craig Snowden, as the applicant's architect, also discussed the project request. Michael Staughton spoke on behalf of this deck expansion and enclosure. After considerable discussion, Gail Wahrlich-Lowenthal moved to uphold the PEC decision and to approve both the conditional use permit and exterior alteration in accordance with the staff inemo dated July 21, 1987. Additionally, the applicant has been asked to review a proposal for softening of the corners of the extended patio area, which can subsequently be reviewed at DRB. John Slevin seconded the motion. A vote was taken and the motion passed 4-1-1, with Eric Affeldt opposing and Hermann Staufer abstaining. -2- �.��Q�r Ju.i�r IC�.rilll�ly UV1111 iCill�lll.�� Gll{.IIIIrCVIr IVI 1r11G GIF/F/I Il.GlllV� IIG4 `IHGiHCM \rll�. applicant was willing to re�iuce the size of his request for pxpansion to the 250 �s�uare foot level, which i,`,�ithin the ordinance requiremer Since the PEC had no ' oroblem with the setback variance, Tom Braun requested that`�ouncil table this request and refer the applicant back to PEC, thus saving the applicant additional filing fees and another 30-day setback in time. Eric Affeldt moved to table and refer the applicant back to PEC, with a second coming from John Slevin. A vote was taken and the vote was unanimously approved 6-0. There was no Citizen Participation. Under the Town Manager's report, Ron Phillips deferred to Larry Eskwith, who informed Council that a seven year old lawsuit, Briscoe vs. Town of Vail, had been dismissed. There being no further business, the meeting was adjourned at 10:05 p.m. �ATTEST: Pamela A. Brandmeyer own Clerk Minutes taken by Pamela Brandmeyer Respectfully submitted, .��r% �,, Kent R. Rose, Mayor Pro Tem -3- �s � TO: FROM: DATE: u Town Council �I Community Development Department July 21, 1987 SUBJECT: A request to rezone Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing from Public Accommodation and Parking District respectively to a Special Development District in order to construct a third floor addition consisting of three dwelling units and 5 accommodation units for the Ramshorn Lodge. Applicant: Ramshorn Partnership On July 14, 1987, the applicants appeared before the Planning and Environmental Commission with this request. The PEC voted 7-0 to approve this request with the following conditions: l. The SDD shall encompass both Lot A, Block 3, Vail Village -_--..: __ _. _::. _ - ---------5th-,Fi.ling..and._�r-act._.E��.,_��ail--.Ui.�..l.age.-_5.th,_F-il.ing.:--- Tract. ._ --- - F-1 shall be restricted in-that a11 density which could be realized from a reoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the � future to increase the density of the site, and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located onn Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces. A new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make every effort to provide an additional two parking spaces for overflow guest parking on the site. 3. A concrete sidewalk a minimum of 6 feet in width, with a concrete curb separating it from the road shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant and shall be agreed upon before a building permit is issued. 4. The applicant shall solve any future parking problems on- site by utilizing valet parking. The staff recommendation is for approval. �� _ �.�:.-� � , � �; ,_ . - . �.,:�� ;��.�:��n, _ . . . �: � , "• • Common Lobby/Lounge Total Allowable Density Percent of Total in A.U.'s Percent of Total in D.U.'s • EXISTING 1,038 sf 13 (2.5 over) 510 49% Percent of Total GRFA Rental Restricted 90% (approx � PROPOSED 1,038 sf 8 over 440 56% 84% (approx) l. Keys are defined as rentable units,s both D.U.'s and A.U.'s. 2. It was unknown at the time of the memorandum � exactly how many square feet are existing that aren't restricted. 68% of the third floor --_ --_--..---- --- --:-----_.. :. .. .......__..._,_...__, ....:..____..._�__..._ �-..._..__..._..__ . ............:- . .___ _ ---- square footage would be restricted. The applicant proposes a special development district due to the fact that the requested density is over the � allowable for the existing portion of the property zoned � PA and because the end result will not meet the definition of a lodge which is the principal permitted use in the Public Accommodation zone district. Also, as proposed, the properties would be ten spaces below the required number as per the parking chapter of the zoning code. � It is important to note with regard to this application that Tract F-1 on which one of the parking lot for the lodge is located is a separate piece of ground zoned Parking District. This small parking lot would be more suited to Public Accommodation zoning in this particular area and would allow an additional three dwelling units (or 6 A.U.'s) to be constructed on the lodge itself (considering the lot line would be abandoned). Such a proposal will result in one larger site, all of which would be zoned Public Accommodation and would allow an additional third floor. Such a third floor could have up to 49% of the square footage devoted to unrestricted dwelling units while still maintaining the definition of a lodge under the PA zone. The application in front of us proposes essentially the same thin� without the rezoning and lot line vacation, but with substantially greater restricted area including an additional 7 keys over and above what exists today. 2 ,� ,;-... _r � x , � r � � II. EVALUATION OF THE PROPOSAL USING SPECIAL DEVELOPMENT DISTRICT CRITERIA A. Buffer Zone The provision of a buffer zone is not applicable with this proposal due to it being a third story addition to existing construction. B. Circulation System The circulation system on the property would be unchanged. C. Functional open space in terms of : o timium preservation of natural features (includinq trees and drainage areas), recreation, views, convenience and function. The open space existing on the property will remain unchanged._, ,_Howev_er,_ recreational __facilities __will be _ . ._. __ _ - - -----_ __._.- - - ----_- --- . improved with the installation of a new 12 person hot tub adjacent to the existing swimming pool. With respect to views, the applicant has provided a view analysis which indicates little to no impact upon � views in the surrounding area with the possible � exception of some interference of views from the lower level of the Tivoli Lodge. D. Variety in terms of: housinq ty e, densities, facilities and open space. With the exception of the westerly dwelling unit consisting of 1556 square feet, the housing type proposed is accommodation and dwelling units restricted as per Section 17.26.075 of the Subdivision Regulations. This section of the Subdivision Regulations is currently in the final phases of an amendment process in which the regulation would be revised to restrict four weeks out of the eight week high ski season among other provisions to ensure that these condominiums are available to the general tourist market. We feel that this amount of restriction is the minimum necessary to continue the Ramshorn Lodge as a positive contributor to the Town of Vail bed base. We also feel positive that the recent revision to the proposal which adds two additional accommodation units making a total of five will increase the availability of rentable lodge rooms in the proposal. While the proposal includes a significant amount of 3 - :4:- _ ... _ _?: � � � E. F. � � new square footage devoted to dwelling units and this, in turn, tips the definition of lodge "scale" away from strict compliance of this definition (lodges can have a maximum of 490 of square footage in D.U.'s), the rental of condominiums is an important variety with regard to the overall tourist bed base. That is, condominiums are an extremely popular form of rental accommodation and the addition of rental restricted condominiums to the bed base is a positive one for the community. This concept is promoted in the proposed Vail Village Master Plan. With regard to the additional density which is not allowed by underlying zoning, it is the staff's opinion that the proposal presents no significant negative impacts in the area of mass and bulk. In reviewing the proposed Vail Village Master Plan with regard to this application, a third story on the Ramshorn Lodge is called out in the Action Plan as a reasonable infill project. The staff feels it is important that in utilizing the proposed Vail Village „-._Master .P.lan.-in_ ev�luati.ng-.th.is_ pr.oposal-. that .a�l . . _ _ relevant aspects or proposed policies of that plan are utilized and not just portions thereof. Thus, the Master Plan would require 1000 of the proposed square footage to be rental restricted, whereas this is not 100% complied with by the applicant. Privacy in terms of the needs of• individuals families and neiQhbors. The staff sees no negative impacts upon this criteria.' Pedestrian traffic in terms of: safety, se aration, convenience, access to oints of destination, and attractiveness. The staff recommends that the applicant construct that portion of the sidewalk proposed as part of the Golden Peak redevelopment project along this property's interface with the street from the entrance to the eastern parking lot to the drive entering the project on the north. We feel that this is a reasonable requirement with regard to not only the granting of additional density, but that this sidewalk will be a positive benefit in and of itself due to the large volume of pedestrian traffic and the general unsafe pedestrian conditions in this area. There is a large number of pedestrians walking on the street along this site, and we propose the applicant construct a minimum six foot wide concrete sidewalk 4 • � � with a concrete curb separating it from the roadway. Final design on this improvement would be agreed upon before a building permit is issued for the project. The requirement of this improvement is in keeping with others required when additional density or special development districts have been approved throughout the Town. G. Building type in terms of: a pro riateness to density, site relationship and bulk. As stated above, staff feels that the mass and bulk proposed is acceptable and has been called out as such in the proposed Vail Village Master Plan. H. Building desiqn in terms of: orientation, s acin , materials, color and texture, stora e, si ns, lighting, and solar blocka e. Since the proposal entails an addition to an existing building, the Design Review Board will review the :- -: .- _--, -:: -- - --- ----,-. -- .c.ompatibility ..of. _materials,_ _.cnlor.s,. textures,-� etc. With regard to solar blockage, the applicant is well within his height limitations and is not unduly shielding sun from adjacent properties. The proposal � includes additional landscaping which will be ' presented to the Commission. � III. ZONING CONSIDERATIONS RELATIVE TO THIS PROPOSAL A. Uses The uses proposed on the third floor have been discussed. The property will not meet the strict definition of a lodge upon completion of this addition. However, with 840 of the entire project being rental restricted and available for tourist use, the intent of the Public Accommodation zone remains. The staff feels that it is important to note that 68% of the floor area of the proposed addition will be rental restricted versus a minimum of 51% under the rezoning scenario outlined on the front page of this memo. B. Density A thorough discussion of the density is presented under the SDD criteria. i�C. Setbacks � • � Because the existing building encroaches into the 20 foot setback on the southwest corner, the addition will continue this encroachment. There would be no negative impacts allowing this small amount of encroachment to continue. D. Height The height proposed is a maximum of 42 feet, whereas the maximum allowed is 48 feet. E. Site Coverage Site coverage remains unchanged. F. Landscaping The proposal includes additional plantings around various areas of the site, and this will be reviewed in a presentation to the PEC. -----.-__ - __:_ _----•---:- . . _:-.G, _._ ,...Park�,ri.g.- .._ ._...._____.,._..._ -..._. _ � ., _.,._, - ._.-- . _. . .._.. _ _ - - -- - ; � � With the 1984 condominimization of this project, parking was an issue. Under that approval, the applicant created the parking lot to the east of the project which includes 11 full size parking spaces. Total parking existing for the project today is 33 spaces. The three additional dwelling units require two spaces each, while the five accommodation units require a total of 4 additional parking spaces for a grand total of 10 additional required spaces according to the parking requirements in the zoning code (43 spaces total). The applicant has submitted a parking study (enclosed) which indicates a maximum useage of 1.33 cars per day per condominium. The applicant feels strongly that additional parking is not needed for this proj ect. The staff, while recognizing that units restricted to short term rental may require less parking overall as opposed to long term residential units, feels that the additional parking should be provided. The staff recognizes that due to the nature of the accommodation units also functioning for a portion of the year as bedrooms for the dwelling units, that the 10 additional required spaces are a maximum situation. However, if indeed the maximum number of keys are utilized (realizing maximum occupancy), additional spaces will most likely be needed. �.� . � u � Eight additional spaces can be provided on the � site with a combination of a redesign of the southerly edge of the eastern parking lot from two full size parallel spaces to five compact car spaces in combination with one new mini car space in the parking lot to the north of the buildings as well as four overflow parking spaces in the turn-around (entrance area). We feel it important that the redesign of the eastern parking lot to five compact spaces and the new mini-car space be provided as a conditional of approval and that the turn-around area be utilized for the maximum or overflow situation which could occur. While not meeting complete parking requirements, the redesign does meet 80% of the requirements, and we would feel comfortable with this parking redesign (leaving the project only 2 short). IV. STAFF RECOMMENDATION ----•----:- ..._..,:,. _._._._,_-. .._ ._..._____.,.w__..._ ,.-..__.__..�- - . .............:. . ..--- -- - _. . _ -__ . -_ _ . The staff recommends approval of the proposal. Significant last minute negotiations with the applicants have occurred to allow staff to support this project. Although the inability of the end product to meet the �� strict definition of a lodge is not what we would ideally � Iike to see, we feel that the property will remain to function as a lodge and meet the intent of providing high quality tourist accommodations. The staff deems it critical that this property remains functioning as a lodge and that the units, both A.U.'s and D.U.'s, are available to the tourist bed base as per the owner's use restrictions outlined in the Subdivision Regulations. We feel the proposal gives us a better product than one which could be developed under the rezoning and minor subdivision scenario which would add Tract F-1 into the project and allow 49% of the top floor to be unrestricted - dwelling units. � Although the applicants feel strongly that additional parking is not necessary, the staff simply cannot recognize the short term parking study submitted as conclusive evidence. We still feel that all developments proposed should provide adequate on-site parking until such time as the requirements are revised in a fair and equitable manner (if such a revision ever occurs). It is not prudent planning to allow this project to proceed without additional parking and risk that the overflow parking be located in the Village Parking Structure which is predominantly unavailable in the winter months. f�l .. � • � The following conditions of approval are a strong element t in the staff's recommendation for approval: l. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing, and Tract F-1, Vail Village 5th Filing. Tract F-1 shall be restricted in that all density which could be realized from a rezoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make -•--: .---,_--- . _.--- ----•---:_ .,-:.e�ery...ef.fa�t-..to._prouid�._.an.addi.tional..two..par-k�ng --- spaces for overflow guest parking on the site. 3. A concrete sidewalk a minimum of 6 feet in width, with a concrete curb separating it from the road �' shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant and shall be agreed upon before a building permit is issued. � : . '. � � � � ``�r �� POST OFFICE BOX 705 VAI�. GOLORADO 81658 PHONE 13031 476-5075 TO: Jay Peterson � FRQM: L�acid Gartcn RE: 1987 �arkin�X Stu�:y at Ftams-Horn Lodqe Condorniniums UAT�' : ,7une 1 S . 193 % We u:�dertook a parkinq study at The Rams-Horn Lccige Condominiums dur�ng January, F?bruary •snd tiarch of 1�+07. On a daily basis, w� ��cnt�tied cars ir, th� parking lot as to c�Jhether the �ars were owned b� Rams-Horn man3�ement, park.ing spac� sublesees cr cwr.ersirenters ot the thrFe Rams-Horn Condcminiums that had been sold . Reaarding the cars belongina to people using the sold units, we �ound the following: 71 cars in 186 condcminium/days 4 c�rs were tound on one day durin_q th� study 3 car.� wer2 round on nine days durinq the stuciy 2 cars were found cn twelve days during the study Eit:�?r or.e cr �ero cars were round on all the other davs or the studY � These results shcw we ha1 an a•�eraqe ct .��8 cars per cor,dominium per day. 'I'he mos* cars wF ever h�d wer� tour cars tor the three existing c�ndom�niums or a maximum or 1.33 cars per day per conaominium. . � x;. . , � "`' * . , I . K , .,. , ,._. ,. , �., _ .:: ;:� �, z ��w : ,� �_ _ ;:,-�.x . � �� L:J FRAhlK H. WYMAN 375 PARK AVENUE New YoRK. N. Y. 70022 (212) 759-6356 Planning & Environmental Commission of the Town of Vail Town of Vail Colorado 81657 Dear Sir: � l ' - �' � �, Q � ' �, �. .� n� u � � �� . .�� y � % ` �/ ! % /V ,. � ��, � �� l l� %.� � � � �'�i��1. (/ 1 � V. �� ',-,� � � � ��' ,.� /��9�� ,� e�. � �� • � � June 30, 1987 � ''� ( �i ... -- --- -•---- , -- . _ ._...-,. _, _ __._�_ , .._ .__ _____ ._�. _._._ _ _. , _.,.._.__._ . __ . ... ....... ...... . .__ _ _.. -- - I understand that your Commission is planning to hold a hearing on July 13 on an application by the Ramshorn Lodge in accordance with section 18.66.060 under the municipal code requesting a special development district in order to be able to add a third floor to the existing structure. I have been a property owner in Vail since 1964 and own an apart- ment at the All Seasons Condominium. I am also President of the Condominium Association. Both in my capacity as an individual property owner and as President of the thirty-four member Association, I would like to protest the granting of any permit to increase the density or change the height restrictions of the Ramshorn property. All the property owners in the immediate vicinity either at All Seasons, Vail Trails East, Vail Trails West and elsewhere, bought their homes with reliance on the preservation of the building codes as they exist today. To change the building restrictions to gratify a developer's lust for monetary gain would violate the property rights of dozens of property owners in the immediate vicinity. It would be bad planning as well as a detriment to the environment. It would destroy views now enjoyed by neighboring property owners, aggravate parking problems and be a detriment to the area from every conceivable point of view. . � r ..��.::i' �7� �€' � . . . ,;��'�+:t � . . : ,�- ' � • i � - 2 - I trust that your Commission will deny this application as well as any other that would be in violation of the original building restrictions promulgated in Vail`s original development plan. FHW:sl Very truly yours, , �1-1.-. bLL.. Frank H jdyman � � ,r � ._ : � _ —�s ':�?� . , I . .,• Q � �CHARLES H. COWPERTHWAITE \ PENDLETON £� SABIAN, P. C. ATTORNEYS AND COUNSELORS AT LAW SEVENTEENTH AND GRANT BUILDING SU1TE 1000 303 EAST SEVENTEENTH AVENUE DENVER,COLORADO 80203 July 8, 1987 Planning and Environmental Commission Town of Vail Town of Vail Municipal Building 75 So. Fr.ontage Road West Vail, Colorado 81657 Re: Public Hearing - July 13, 1987 Application of Ramshorn Partnership for Special Development District TELEPHONE: (303) 839-1204 TELECOPIER: (303) 831-0786 il{�X: 910-931-0407 ---._.-_.---___..- �ac�ies- & -�entlemen : ...... .._, _... .,- .._ .._.._,.�..�._:_.... . _. .� _....._.. . : ...-- .. , ._.. ...-_ . -- -- -- -- - On behalf of All Seasons Condominium Association, Vail Trails East Condominium Association and Vail Trails Chalet Condominium Association, this is to register our objection �� to the establishment of a Special Development District to accommodate the addition of a third floor to the Ramshorn Lodge. Due to the close proximity and relative location of our clients' buildings to the Ramshorn Lodge, the Ramshorn proposal would have greater adverse effect on them than vir- tually any other landowner or groups of landowners. We have reviewed the Plan of Morter Architects dated January 9, 1984 as last revised on June 15, 1987 and from virtually every angle, it is obvious that the height and mass of the structure as proposed would have a significant and detrimental effect on surrounding buildings which, inciden- tally were all constructed at about the same time. To approve the plan in its present form is tantamount to working a change in the historical character of the neighborhood. Members of the Commission will no doubt recall the pro- longed and intense negotiations concerning the redevelopment of the Golden Peak base area which, through the intervention of many people and organizations, including our clients, led to a negotiated settlement which, among other things, limited the height of the base area buildings. r" L • � •' . •' � � � / � � � Page 2 July 8, 1987 While we believe that a similar carefully considered approach should be adopted regarding the Ramshorn proposal, we wish to emphasize the dramatic and adverse effect any increase in height of the Ramshorn Lodge would have on its neighbors. Pending an opportunity to work with the Ramshorn owners on an approach that would not significantly affect the present view plane, we urge the Commission to deny the applicant's request. Very truly yours, C_ � C arles H. owper waite �� - CHC:do ___ __ .____ _ cc: All Seasons Condominium Association Vail Trails East Condominium Association Vail Trails Chalet Condominium Association Community Development Department, Town of Vail PENDLETON F� SABIAN, P. C. _ ,,� �. . _.� ;. � � . . � Planning and Environmental Commission July 13, 1987 PRESENT J.J. Collins Diana Donovan Bryan Hobbs Pam Hopkins Peggy Osterfoss Sid Schultz Jim Viele STAFF PRESENT Peter Patten Rick Pylman Betsy Rosolack The meeting was called to order at 3:00 PM by the chairman, Jim Viele. (The applicants for the first scheduled item had not yet arrived. Item 2, exterior alteration and a density variance for Gasthof Grammshammer and item 3, exterior alteration and variances for the Plaza Lodge were tabled by the applicants.) 4. A request for a special developme add a third floor to the Ramshorn Applicant: Ramshorn Partnership district in order to Peter Patten explained the request, indicating zoning statistics, site plans and floor plans. He then evaluated the proposal using Special Development District criteria. In discussing the possible impact of the views of surrounding properties, Peter stated that the Tivoli was the most impacted and this had been discussed with Bob Lazier, owner of the Tivoli and that he had no objections. Peter then discussed the project with respect to zoning considerations with respect to mix of uses, density, setbacks, etc. In discussion of the parking aspect, Peter pointed out that although in the total picture the project would be two parking spaces short, the staff did feel comfortable with the proposal. Staff recommendation was for approval with three conditions. Jay Peterson, representing the applicants, pointed out that many nearby complexes were higher than the proposed height (42 feet) of the Ramshorn. Jim Morter, architect, discussed the views. Barbara Fey, representing Vail Trails, stated that some owners in Vail Trails felt their views were impacted, especially from the 2nd level. Tim Garton, one of the applicants, felt that the three story Ramshorn building already blocked the view from the Vail Trails East and felt that there would only be a very minimal impact upon views from Vail Trails West. Ray Cote, manager of All Seasons, protested the addition with the concern that more cars could not be placed on the Ramshorn property. Peter demonstrated the parking plan. Cote then mentioned the impact of views to the west for the All Seasons, particularly for unit B-6. He felt that there would be a , � ,� � • � "transfer of values, with the Ramshorn units becoming more valuable and the All Seasons becoming less valuable." Dave Garton, one of the applicants, responded that the windows on the side of B-6 which faced the Ramshorn were very small bedroom windows and that usually the blinds were pulled in these windows. Barbara Fey then mentioned that she felt a concrete sidewalk as proposed would not be attractive. Jim Viele responded that in previous negotiations with the neighborhood on the Golden Peak Ski Base complex, the neighborhood had e�ressed the desire for a sidewalk. Pam Hopkins felt that if the staff was comfortable with the number of units, the restrictions placed upon them, the inclusion of Lot F-1, and the parking solution, she could not find anything of substance to object to (except the appearance of the trash dumpster). Sid agreed with Pam. He added that there was no doubt that some views would be impacted, but the project was well within its height limitations. Diana would have preferred to not see the addition, but felt it was a better solution than would could have been proposed by rezoning Tract F-1 to P.A. She was strongly against any overflow parking going into the parking structure and felt all parking problems must be solved on the site. Peter explained the parking requirements for accommoda-tion units. He added that the applicants had agreed that the meeting room would be only for in-house use, and thus would not generate additional parking. He admitted that if every key were utilized, there could be a parking problem if no parking was added. Diana suggested a restriction for valet parking rather than using the parking structure. Jay agreed that this could be another condition of approval. Dave Garton mentioned that they had done a parking study and found they had an "enormous amount of unused parking space." He agreed to the condition of valet parking rather than the use of the parking structure, however. Diana felt the proposed sidewalk could use some creative solutions. She was not certain that pedestrians would go around the corner and suggested instead that the sidewalk be linked to one across the street between the Tivoli and Hanson Ranch Road, that it might be safer. Peter replied that the Town had envisioned colored concrete for the sidewalk. He did not agree with Diana about having the walk connect to one across the street behind the Tivoli. He stated that it was difficult to get people to look across the street, and since people now walked next to the Ramshorn, the staff wanted to place the sidewalk where the pedestrians were already walking. He added that perhaps the Town could look at the additional walk through the Master Plan. Jim Viele asked Jay if the conditions were agreed with, and Jay replied that they did. Viele felt sympathetic to the neighbors .l . � � but stated that on balance, he agreed with the staff about the project. Peggy Osterfoss felt the project was a positive one in terms of going along with the Master Plan. She felt landscaping was needed between parcel F-1 and the Al1 Seasons building and berming and landscaping was needed between F-1 and the roadway. J.J. Collins concurred with the other board members, adding that the photos seemed to indicate that views were not impacted greatly. He mentioned that the greenhouse added on a west ground level unit looked like an "add-on" and landscaping was badly needed on the west. Diana Donovan moved and J.J. Collins seconded to recommend approval to the Town Council per the staff inemo dated July 13, 1987 with the three stated conditions as well as two others: 4. The applicant shall solve any future parking problems - on-site by utilizing valet parking. 5. The design of the sidewalk, landscaping, and possible street lighting shall be discussed at Design Review Board level. The vote was 7-0 in favor of the proposal. 1. A request for a setback variance in order to add an enclosure for a hot tub area on Lot l, Block 7, Vail Village lst Filing. Applicants: John and Mary Hobart Rick Pylman explained the request and showed a site plan. He reviewed criteria for variances and stated that the staff recommended approval with the stipulation that there be no encroachment over the property line. Ray Story, representing the applicant, stated that the location of the addition was dictated by the location of the existing structure. He felt that since the deck would be 20 feet above the right of way, the impact would be minimal. Peggy Osterfoss agreed with the staff recommendation as long as there was no further encroachment. Bryan Hobbs agreed with the staff. Diana did not support the staff's recommendation of approval. She stated that when a structure is nonconforming, the impact should not be increased, especially when there is another place on the lot to place the addition. She felt the criteria for a variance was not met. Sid mentioned that a week ago the Town Attorney had reviewed variance criteria with the board. He agreed with Diana. Pam Hopkins also agreed with Diana. Jim Viele agreed with the staff and felt the hardship was the siting of the existing structure. � • � / � b . • Bryan Hobbs moved and Peggy Osterfoss seconded to approve the request with the stipulation that there not be any encroachment into the right-of-way. The vote was 4-3 in favor of the motion with Pam, Sid and Diana voting against the motion. 5. A request for an amendment to hous Cornice Building located at 362 Va Applicant: Walter A. Huttner This proposal was tabled by the applicant. restrictions for the Valley Drive. 6. A request to reapply zoning on recently annexed portions of Vail commonly known as Lions Ridge Filing #2 and �Filinct #4, Ridcle at Vail and Cliffside 7. A request to reapply zoning on recently annexed portions of-Vail commonly known as Vail Intermountain Subdivision, Blocks 1,2,3,4,5,6,8 and 9 and Stephens Subdivision as well as unplatted portions. Rick Pylman explained that the Town was reapplying the same zoning that had been in place before these two areas had been de-annexed. J.J. asked if the board would have an opportunity to change the zoning, and Peter replied they could, but that the staff had not looked at re-examining all of the zoning. Rick added that the Land Use Plan had had a few suggested changes, and the staff decided that changes should be made on a private sector basis. Pam asked how the zoning related to the zoning the County had imposed, and was told the County had matched as closely as possible the Town zoning before the property had been de-annexed. Diana moved and Bryan seconded to approve the application of zoning to LionsRidge Filing #2 and Filing #4, Ridge at Vail and Cliffside. The vote was 7-0 in favor. Diana moved and Bryan seconded to approve the application of zoning to Intermountain Subdivision, Blocks 1,2,3,4,5,6,8 and 9 and Stephens Subdivision as well as certain unplatted portions. The vote was 7-0 in favor. Discussion followed concerning communication with the Highway Department. It was suggested that a PEC member be named to the Parking and Transportation Task Force. Sid Schultz was named to the Task Force. �• �, . � TO: FROM: DATE: � • Planning and Environmental Commission Community Development Department July 13, 1987 SUBJECT: A request to rezone Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing from Public Accommodation and Parking District respectively to a Special Development District in order to construct a third floor addition consisting of three dwelling units and 5 accommodation units for the Ramshorn Lodge. Applicant: Ramshorn Partnership I. DE�CRIPTION OF PROPOSAL The request is for a Special Development District to construct a third floor addition onto the existing two story building of the Ramshorn Lodge. The applicant -- - _------- --- --- -,--�rishes to..,build. app�oxim.a._�.?..�.�..4..,_$.��,_-squar�._feet_ a£._ additional GRFA divided-into three dwelling units and five lock-off bedrooms (accommodation units) breaking down as follows: ( Unit A - 940 sf Unit B - 1556 sf Unit C - 1122 sf 5 A.U.'s, 1263 sf total The applicant proposes to restrict all of the units with the exception of Unit B(1556 sf) to the owner's use restrictions as per Section 17.26.075 of the Subdivision Regulations. The Ramshorn property encompasses two different lots which consist of a main parcel where the buildings stand containing 23,216 square feet (.533 ac) zoned Public Accommodation and another lot of 6,006 square feet adjacent to the east zoned Parking District. The following table shows the zoning analysis as existing and proposed: A.U.'s EXISTING 17 6,266 sf D.U.'s 7 5,903 sf Total Density 15.5 12,169 sf Total Keysl 24 PROPOSED 22 7,529 sf 10 9,521 sf 21 17,050 sf 31 TO: FROM: DATE: � Town Council � Community Development Department July 21, 1987 SUBJECT: A request to rezone Lot A, Block 3, Vail Village 5th Filing and Tract F-1, Vail Village 5th Filing from Public Accommodation and Parking District respectively to a Special Development District in order to construct a third floor addition consisting of three dwelling units and 5 accommodation units for the Ramshorn Lodge. Applicant: Ramshorn Partnership On July 14, 1987, the applicants appeared before the Planning and Environmental Commission with this request. The PEC voted 7-0 to approve this request with the following conditions: l. The SDD shall encompass both Lot A, Block 3, Vail Village __..,, __ __- _ _: _- - --- -,-_-5th--Filing..and _T.�act:_E-1.,_.._Vai1-.Ui..].l.a�e -5th . F-iling.--- Tract - -- - F-1 shall be restricted in that all density which could be realized from a reoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site, and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located onn Tract F-1 shall be redesigned to increase its capacity by 3 parking spaces. A new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make every effort to provide an additional two parking spaces for overflow guest parking on the site. 3. A concrete sidewalk concrete curb separ be constructed from Tract F-1 along an the project to the This sidewalk shall applicant and shall permit is issued. a minimum of 6 feet in width, with a ating it from the road shoulder shall the entrance to the parking lot on agreed upon route along the frontage of entry on the north end of the project. be constructed and paid for by the be agreed upon before a building 4. The applicant shall solve any future parking problems on- site by utilizing valet parking. The staff recommendation is for approval. : ', % � EXISTING � Common Lobby/Lounge 1,038 sf Total Allowable Density 13 (2.5 over) Percent of Total in A.U.'s 51% Percent of Total in D.U.'s 49% Percent of Total GRFA Rental Restricted 90% (approx � PROPOSED 1,038 sf 8 over 44% 56% 84% (approx) 1. Keys are defined as rentable units,s both D.U.'s and A.U.'s. 2. It was unknown at the time of the memorandum exactly how many square feet are existing that aren't restricted. 68% of the third floor :_. -- ----- --- -- -•----- __ ._ _,.,_ . ... ._ .__�..w_ _..._ ..-.., _._._._ ._ . __ . . .. .:- ._� _ __ �square footage would be restricted. The applicant proposes a special development district due to the fact that the requested density is over the � allowable for the existing portion of the property zoned PA and because the end result will not meet the definition of a lodge which is the principal permitted use in the Public Accommodation zone district. Also, as proposed, the properties would be ten spaces below the required number as per the parking chapter of the zoning code. It is important to note with regard to this application that Tract F-1 on which one of the parking lot for the lodge is located is a separate piece of ground zoned Parking Distri�t. This small parking lot would be more suited to Public Accommodation zoning in this particular area and would allow an additional three dwelling units (or 6 A.U.'s) to be constructed on the lodge itself (considering the lot line would be abandoned). Such a proposal will result in one larger site, all of which would be zoned Public Accommodation and would allow an additional third floor. Such a third floor could have up to 49% of the square footage devoted to unrestricted dwelling units while still maintaining the definition of a lodge under the PA zone. The application in front of us proposes essentially the same thin� without the rezoning and lot line vacation, but with substantially greater restricted area including an additional 7 keys over and above what exists today. 2 � � II. EVALUATION OF THE PROPOSAL USING SPECIAL DEVELOPMENT DISTRICT CRITERIA A. '-�� C. Buffer Zone The provision of a buffer zone is not applicable with this proposal due to it being a third story addition to existing construction. Circulation Svstem The circulation system on the property would be unchanged. Functional open space in terms of preservation of natural features ( drainage areas), recreation, views function. optimium ncluding trees , convenience and and The open space existing on the property will remain _ _ __ unchanged,_,,_Howev_er,_ recreational __facilities.w�,ll be .- _ --- -- _ - -- _ . ._. improved with the installation of a new 12 person hot tub adjacent to the existing swimming pool. With respect to views, the applicant has provided a view analysis which indicates little to no impact upon � views in the surrounding area with the possible exception of some interference of views from the lower level of the Tivoli Lodge. D. Variety in terms of: housing type, densities, facilities and open space. With the exception of the westerly dwelling unit consisting of 1556 square feet, the housing type proposed is accommodation and dwelling units restricted as per Section 17.26.075 of the Subdivision Regulations. This section of the Subdivision Regulations is currently in the final phases of an amendment process in which the regulation would be revised to restrict four weeks out of the eight week high ski season among other provisions to ensure that these condominiums are available to the general tourist market. We feel that this amount of restriction is the minimum necessary to continue the Ramshorn Lodge as a positive contributor to the Town of Vail bed base. We also feel positive that the recent revision to the proposal which adds two additional accommodation units making a total of five will increase the availability of rentable lodge rooms in the proposal. While the proposal includes a significant amount of 3 . � � new square footage devoted to dwelling units and this, in turn, tips the definition of lodge "scale" away from strict compliance of this definition (lodges can have a maximum of 49% of square footage in D.U.'s), the rental of condominiums is an important variety with regard to the overall tourist bed base. That is, condominiums are an extremely popular form of rental accommodation and the addition of rental restricted condominiums to the bed base is a positive one for the community. This concept is promoted in the proposed Vail Village Master Plan. � With regard to the additional density which is not allowed by underlying zoning, it is the staff's opinion that the proposal presents no significant negative impacts in the area of mass and bulk. In reviewing the proposed Vail Village Master Plan with regard to this application, a third story on the Ramshorn Lodge is called out in the Action Plan as a reasonable infill project. The staff feels it is important that in utilizing the proposed Vail Village -- _Master .P.lan.-in_ ev�luating-.th.is_.pr.oposal-. that -a�:l relevant aspects or proposed policies of that plan are utilized and not just portions thereof. Thus, the Master Plan would require 100% of the proposed square footage to be rental restricted, whereas this is not 100% complied with by the applicant. E. Privacy in terms of the needs of: individuals, families and neighbors. The staff sees no negative impacts upon this criteria.' F. Pedestrian traffic in terms of: safety, separation, convenience, access to points of destination, and attractiveness. The staff recommends that the applicant construct that portion of the sidewalk proposed as part of the Golden Peak redevelopment project along this property's interface with the street from the entrance to the eastern parking lot to the drive entering the project on the north. We feel that this is a reasonable requirement with regard to not only the granting of additional density, but that this sidewalk will be a positive benefit in and of itself due to the large volume of pedestrian traffic and the general unsafe pedestrian conditions in this area. There is a large number of pedestrians walking on the street along this site, and we propose the applicant construct a minimum six foot wide concrete sidewalk 4 . • � with a concrete curb separating it from the roadway. Final design on this improvement would be agreed upon before a building permit is issued for the project. The requirement of this improvement is in keeping with others required when additional density or special development districts have been approved throughout the Town. G. Building type in terms of: appropriateness to density, site relationship and bulk. As stated above, staff feels that the mass and bulk proposed is acceptable and has been called out as such in the proposed Vail Village Master Plan. H. Building design in terms of: orientation, spacing, materials, color and texture, storage, signs, lighting, and solar blockage. Since the proposal entails an addition to an existing building, the Design Review Board will review the --- -- -- - __- - - --- --.__ _ _, .compatil�ility ..of. snatter-ials,. �nlors,. :�e.xtures �--etc. � -- - With regard to solar blockage, the applicant is well within his height limitations and is not unduly shielding sun from adjacent properties. The proposal includes additional landscaping which will be � presented to the Commission. III. ZONING CONSIDERATIONS RELATIVE TO THIS PROPOSAL A. Uses The uses proposed on the third floor have been discussed. The property will not meet the strict definition of a lodge upon completion of this addition. However, with 84% of the entire project being rental restricted and available for tourist use, the intent of the Public Accommodation zone remains. The staff feels that it is important to note that 68% of the floor area of the proposed addition will be rental restricted versus a minimum of 51% under the rezoning scenario outlined on the front page of this memo. B. Density A thorough discussion of the density is presented under the SDD criteria. C. Setbacks 5 • � � Because the existing building encroaches into the 20 foot setback on the southwest corner, the addition will continue this encroachment. There would be no negative impacts allowing this small amount of encroachment to continue. � D. Height The height proposed is a maximum of 42 feet, whereas the maximum allowed is 48 feet. E. Site Coverage Site coverage remains unchanged. F. Landscaping The proposal includes additional plantings around various areas of the site, and this will be reviewed in a presentation to the PEC. - -- G. . .P�rk�n.g, .. ..____.�.._..-_.._ _ �.,_..._� -, .-. _., ._....._ . ._.__ __--- With the 1984 condominimization of this project, parking was an issue. Under that approval, the applicant created the parking lot to the east of the project which includes 11 full size parking spaces. Total parking existing for the project today is 33 spaces. The three additional dwelling units require two spaces each, while the five accommodation units require a total of 4 additional parking spaces for a grand total of 10 additional required spaces according to the parking requirements in the zoning code (43 spaces total). The applicant has submitted a parking study (enclosed) which indicates a maximum useage of 1.33 cars per day per condominium. The applicant feels strongly that additional parking is not needed for this proj ect. The staff, while recognizing that units restricted to short term rental may require less parking overall as opposed to long term residential units, feels that the additional parking should be provided. The staff recognizes that due to the nature of the accommodation units also functioning for a portion of the year as bedrooms for the dwelling units, that the 10 additional required spaces are a maximum situation. However, if indeed the maximum number of keys are utilized (realizing maximum occupancy), additional spaces will most likely be needed. 0 • � / Eight additional spaces can be provided on the ' site with a combination of a redesign of the southerly edge of the eastern parking lot from two full size parallel spaces to five compact car spaces in combination with one new mini car space in the parking lot to the north of the buildings as well as four overflow parking spaces in the turn-around (entrance area). We feel it important that the redesign of the eastern parking lot to five compact spaces and the new mini-car space be provided as a conditional of approval and that the turn-around area be utilized for the maximum or overflow situation which could occur. While not meeting complete parking requirements, the redesign does meet 80% of the requirements, and we would feel � comfortable with this parking redesign (leaving the project only 2 short). IV. STAFF RECOMMENDATION --- ------ _:: _-- -- ----:- __. . .,._.._,. .._-_...__,..__ .-..�_..w_-.__ _-.,__.__._:._ .- . .............. . ._. The staff recommends approval of the proposal. Significant last minute negotiations with the applicants have occurred to allow staff to support this project. Although the inability of the end product to meet the ;� strict definition of a lodge is not what we would ideally like to see, we feel that the property will remain to function as a lodge and meet the intent of providing high quality tourist accommodations. The staff deems it critical that this property remains functioning as a lodge and that the units, both A.U.'s and D.U.'s, are available to the tourist bed base as per the owner's use restrictions outlined in the Subdivision Regulations. We feel the proposal gives us a better product than one which could be developed under the rezoning and minor subdivision scenario which would add Tract F-1 into the project and allow 49% of the top floor to be unrestricted . dwelling units. Although the applicants feel strongly that additional parking is not necessary, the staff simply cannot recognize the short term parking study submitted as conclusive evidence. We still feel that all developments proposed should provide adequate on-site parking until such time as the requirements are revised in a fair and equitable manner (if such a revision ever occurs). It is not prudent planning to allow this project to proceed without additional parking and risk that the overflow parking be located in the Village Parking Structure which is predominantly unavailable in the winter months. �� • ! , The following conditions of approval are a strong element in the staff's recommendation for approval: 1. The SDD shall encompass both Lot A, Block 3, Vail Village 5th Filing, and Tract F-1, Vail Village 5th Filing. Tract F-1 shall be restricted in that all density which could be realized from a rezoning to Public Accommodation on that parcel is now being utilized with the construction of this project. That is, Tract F-1 shall not be utilized in the future to increase the density of the site and the site contains its maximum amount of density utilizing both parcels owned by the Ramshorn Partnership. 2. The part of the lot located on Tract F-1 shall be � redesigned to increase its capacity by 3 parking spaces, a new mini-car space and 4 overflow parking spaces shall be provided in the parking lot north of the buildings to provide a total of 8 new parking spaces for the project. The applicants shall make _-- . - -- -- - --- --- -- -,---,_ - - e�ery. .effnzt . to:_pxouid�. axi .-additional. , two . par-3�3ng -- - spaces for overflow guest parking on the site. 3. A concrete sidewalk a minimum of 6 feet in width, with a concrete curb separating it from the road � shoulder shall be constructed from the entrance to the parking lot on Tract F-1 along an agreed upon route along the frontage of the project to the entry on the north end of the project. This sidewalk shall be constructed and paid for by the applicant and shall be agreed upon before a building permit is issued. r� � . � ra�s- or� POST OFFIGE BOX 705 VAIL. COLORADO 81658 PHONE 1303) 476-5075 T0: Jay Peterson FROM: L�a�id Garton � � RE: :987 �arking Stu�:y at Rams-Horn Lodqe Condorniniums UAT�' : .June 15 , 1 �87 i We u:�dertook a parking study at The Rams-Horn Lodge Condominiums du::na January. February �snd t4arch of 1y87. On a daily basis, ws ��ent�ried cars in the parking lot as to whether the cars were owned by Rams-Horn management, parking space sublesees or cwnersirenters ot the three kams-Horn Condominiums that had been sold . Reaardina the cars belonging to people using the sold units, we �ound the following: 71 cars in 186 condominium/days 4 cars were tound on one day durin_q the study 3 cars were round on nine �iays durinq the stud,v 2 cars were found cn twelve days durina the study Eith?r one cr �ero cars were tound on all the other days or the study '1'hes? results shaw we had an a•�eraqe or .�8 cars per cor,dominium per day. 'rr�e mos* c;rs w� ever had were rour cars tor the three existing c�ndom�niums or a maximum or 1.33 cars per day per conaominium. � s � FRANK H. WYMAN 375 PARK AVENUE NEw YoRK, N. Y. 10022 (212> 759•6353 Planning & Environmental Commission of the Town of Vail Town of Vail Colorado 81657 Dear Sir: � l � � � �- , � ; r�. . fr n �� / �.Y / `/ � ,�/ ��/f � /- p�-'" /,�L'� L � " ✓ ,n 1 ^r � . / � �� G .,�� i`-�-" 3 �n'f jG��; � /y /;; i Z '��/ 0 . (�� June 30, 1987 � / � - --- -- - -- -- ----,_ -- . ...__._ . .._ _.._ . .__ ._...�_..w. .... .._. I understand that your Commissio� is p�anning to hold a hearing on July 13 on an application by the Ramshorn Lodge in accordance with section 18.66.060 under the municipal code requesting a special development district in order to be able to add a third � floor to the existing structure. I have been a property owner in Vail since 1964 and own an apart- ment at the All Seasons Condominium. I am also President of the Condominium Association. Both in my capacity as an individual property owner and as President of the thirty-four member Association, I would like to protest the granting of any permit to increase the density or change the height restrictions of the Ramshorn property. All the property owners in the immediate vicinity either at All Seasons, Vail Trails East, Vail Trails West and elsewhere, bought their homes with reliance on the preservation of the building codes as they exist today. To change the building restrictions to gratify a developer's lust for monetary gain would violate the property rights of dozens of property owners in the immediate vicinity. It would be bad planning as well as a detriment to the environment. It would destroy views now enjoyed by neighboring property owners, aggravate parking problems and be a detriment to the area from every conceivable point of view. � . • - 2 - � I trust that your Commission will deny this application as well as any other that would be in violation of the original building restrictions promulgated in Vail's original development plan. FHW:sl Very truly yours, �� t%(i� Frank H Wyman __: - ..-- --- _..., _.- --- -- --- -- •_ . ., _, . . . . .:_..., . .. _ _._. - . .. _ ._....__._ w_ _.., _� ._ _._._,_ _ ... --_ . _. , ._... . . ,. - . .._. _. _.. _ _ � � � T CHARLES H. COWPERTHWAITE r � U � � PENDLETON £� SABIAN, P. C. ATTORNEYS AND COUNSELORS AT LAW SEVENTEENTH AND GRANT BUILDING SUITE 1000 303 EAST SEVENTEENTH AVENUE DENVER, COLORADO 80203 July 8, 1987 Planning and Environmental Commission Town of Vail Town of Vail Municipal Building 75 So. Fr.ontage Road West Vail, Colorado 81657 Re: Public Hearing - July 13, 1987 Application of Ramshorn Partnership for Special Development District TELEPHONE: (303) 839-1204 TELECOPIER: (303) 831-0786 TWX: 9t0-931-0407 - - --- - badies- &-�entlemer�....:-. .._._...- � ._ :_____._ .�..._-.... _-_._...__,_.._,.-., . ......_.......- . _.__ - --- __ On behalf of All Seasons Condominium Association, Vail Trails East Condominium Association and Vail Trails Chalet � Condominium Association, this is to register our objection to the establishment of a Special Development District to accommodate the addition of a third floor to the Ramshorn Lodge. Due to the close proximity and relative location of our clients' buildings to the Ramshorn Lodge, the Ramshorn proposal would have greater adverse effect on them than vir- tually any other landowner or groups of landowners. We have reviewed the Plan of Morter Architects dated January 9, 1984 as last revised on June 15, 1987 and from virtually every angle, it is obvious that the height and mass of the structure as proposed would have a significant and detrimental effect on surrounding buildings which, inciden- tally were all constructed at about the same time. To approve the plan in its present form is tantamount to working a change in the historical character of the neighborhood. Members of the Commission will no doubt recall the pro- longed and intense negotiations concerning the redevelopment of the Golden Peak base area which, through the intervention of many people and organizations, including our clients, led to a negotiated settlement which, among other things, limited the height of the base area buildings. ' • � • � � Page 2 July 8, 1987 � While we believe that a similar carefully considered approach should be adopted regarding the Ramshorn proposal, we wish to emphasize the dramatic and adverse effect any increase in height of the Ramshorn Lodge would have on its neighbors. Pending an opportunity to work with the Ramshorn owners on an approach that would not significantly affect the present view plane, we urge the Commission to deny the applicant's request. _ Very truly yours, � �--C_ C arles H. owper waite `� - CHC:do cc: All Seasons Condominium Association Vail Trails East Condominium Association Vail Trails Chalet Condominium Association � Community Development Department, Town of Vail � PENDLETON £� SABIAN, P. C. � • 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 July 13, 1987 at 3:00 PM in the Town of Vail Municipal Building. Consideration of: 1. 2. 3. 4. 5. A request for a density control variance, a height variance, a conditional use permit to remove accommodation units from the second floor, and an exterior alteration in order to add a fourth floor, additional decks and architectural projections to the Plaza Lodge located on lots G, H, I, J, K and part of F, Block 5C, Vail Village First Filing. Applicants: Mr, and Mrs. Oscar Tang A request for an exterior alteration of the Gastof Gramshammer located on Lots E,F,G, H and I, Block 5B, Vail Village First Filing. Applicant: Pepi Gramshammer A request for a special development district in order to add a third floor to the Ramshorn Lodge located on Lot , Block 3, Vail Village 5th Filing and Tract F-1 and Parcel RH. Applicant: Ramshorn Partnership A request for an amendment to housing restrictions for the Cornice Building located at 362 Vail Valley Drive. Applicant: Walter A. Huttner A request for a setback variance in order to add an enclosure for a hot tub area on Lot 1, Block 7, Vail Village First Filing. Applicants: John and Mary Hobart )� � �� 6/Z3 �� i � / w -.r' 6. A request to reapply zoning on recently annexed portions of Vail known as all of Lots 20 and 21, Section 1, and part of the North 1/2 Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, commonly known as Lion's Ridge Filing No. 2 and Filing No. 4, Ridge at Vail, and Cliffside. Applicant: Town of Vail 7. A request to reapply zoning on recently annexed portions of Vail known as a portion of the West 1/2 of Section 14 and a portion of the Southeast 1/4 of Section 15 Township 5 South, Range 81 West of the 6th Principal Meridian, Eagle County, commonly known as Vail Intermountain Subdivision, Blocks 1,2,3,4,5,6,8 and 9, and Stephens Subdivision as well as unplatted portions. Applicant: Town of Vail The applications and information about the proposals are available in the zoning administrator's office during regular office hours for public inspection. TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT THOMAS A. BRAUN Zoning Administrator Published in the Vail Trail on June 26, 1987. , � r '� RICHARD D. RINEHART � � 200 Lincoln Centre One 5400 LBJ Freeway Dallas, Texas 75240-9998 July 8, 1987 Planning & Environmental Commission Town of Vail Vail, CO 81657 Gentlemen: � The purpose of this letter is register objection to the Ramshorn Partnership request for special development district in order to add a third floor to the Ramshorn Lodge. The proposed addition would have a significant negative effect on the mountain views of many of my fellow residents in Vail Trails East Condominium Association. Therefore, I strongly urge that you reject the request. Very truly yours, �,� _� `' ' R. . inehart Vail Trails East 11A RDR/sc � f , J . CHARLES H. COWPERTHWAITE `� PENDLETON £� SABIAN, P. C. ATTORNEYS AND COUNSELORS AT LAW SEVENTEENTH AND GRANT BUILDING SUITE l000 303 EAST SEVENTEENTH AVENUE DENVER, COLORADO 80203 July 8, 1987 Planning and Environmental Commission Town of Vail Town of Vail Municipal Building 75 So. Frontag� Road Wes� Vail, Colorado 81657 � Re: Public Hearing - July 13, 1987 Application of Ramshorn Partnership for Special Development District Ladies & Gentlemen: TELEPHONE: (303) 839-1204 TELECOPIER: (303) 831-0786 TWX: 910-�J31-0407 On behalf of All Seasons Condominium Association, Vail Trails East Condominium Association and Vail Trails Chalet Condominium Association, this is to register our objection to the establishment of a Special Development District to accommodate the addition of a third floor to the Ramshorn Lodge. Due to the close proximity and relative location of our clients' buildings to the Ramshorn Lodge, the Ramshorn proposal would have greater adverse effect on them than vir- tually any other landowner or groups of landowners. We have reviewed the Plan of Morter Architects dated January 9, 1984 as last revised on June 15, 1987 and from vir*ually every angle, it is obvious that the height and mass of the structure as proposed would have a significant and detrimental effect on surrounding buildings which, inciden- tally were all constructed at about the same time. To approve the plan in its present form is tantamount to working a change in the historical character of the neighborhood. Members of the Commission will no doubt recall the pro- longed and intense negotiations concerning the redevelopment of the Golden Peak base area which, through the intervention of many people and organizations, including our clients, led to a negotiated settlement which, among other things, limited the height of the base area buildings. � � � , . . � Page 2 July 8, 1987 �J While we believe that a similar carefully considered approach should be adopted regarding the Ramshorn proposal, we wish to emphasize the dramatic and adverse effect any increase in height of the Ramshorn Lodge would have on its neighbors. Pending an opportunity to work with the Ramshorn owners on an approach that would not significantly affect the present view plane, we urge the Commission to deny the applicant's request. Very tr ly ou , C arles H. owp hwai e CHC:do cc: All Seasons Condominium Association Vail Trails East Condominium Association _ Vail Trails Chalet Condominium Association Community Development Department, Town of Vail PENDLETON £� SABIAN, P. C. 0 u � . FRANK H. WYMAN � 375 PARK AVENUE NEw YoRK, N. Y. 10022 (212> 788-8358 Planning & Environmental Commission of the Town of Vail Town of Vail Colorado 81657 Dear Sir: ►� I June 30, �' � � � �?` �,;� .�� y � .� i �` , ' i� , , ,� !�• r v. �� n �. � , � U�� G �� -'� � �G �� ,�r,� ' 1987 �'./ l I understand that your Commission is planning to hold a hearing on July 13 on an application by the Ramshorn Lodge in accordance with section 18.66.060 under the municipal code requesting a special development district in order to be able to add a third floor to the existing structure. I have been a property owner in Vail since 1964 and own an apart- ment at the All Seasons Condominium. I am also President of the Condominium Association. Both in my capacity as an individual property owner and as President of the thirty-four member Association, I would like to protest the granting of any permit to increase the density or change the height restrictions of the Ramshorn property. All the property owners in the immediate vicinity either at All Seasons, Vail Trails East, Vail Trails West and elsewhere, bought their homes with reliance on the preservation of the building codes as they exist today. To change the building restrictions to gratify a developer's lust for monetary gain would violate the property rights of dozens of property owners in the immediate vicinity. It would be bad planning as well as a detriment to the environment. It would destroy views now enjoyed by neighboring property owners, aggravate parking problems and be a detriment to the area from every conceivable point of view. � . ' - 2 - C'�J I trust that your Commission will deny this application as well as any other that would be in violation of the original building restrictions promulgated in Vail`s original development plan. FHW:sl Very truly yours, !�-..� �ic��., Frank H Wyman � r y � 1 ' s � ra�s- or� VAIL, COLORADO 81657 PHONE (303) 476-5646 Mar�h 4, 1987 Mr. Peter Patten Building Department Town of Vail 75 South Frontage Rd. Vail, CO 81657 Dear Peter: � we hereby apply for approval to add a third floor on one wing of the Rams-Horn Lodge Condominums and build up to 4 condominiums on this floor. Following are the facts: 1. This is �not a conversion from a lodge to condominiums. This is the same building on a vacant lot. 2. Although the Vail Villa�� Master Plan is not approved yet, this Master Plan does cal��for increased density at the kams-Horn site. 3. The other buildir�gs in the vicinity of the Rams-Horn are at least three i-loors. Our third floor would make the Rams- Horn 36 feet compared to a Town of Vail limit of 48 feet in this area. � 4. The three owners of Rams-Horn condominiums have given approval to proceed with the third floor pro�ect. 5. We have 7,000 square feet more GRFA available at Rams- Horn; our pro�ect for the third floor only needs an additional 5,SO0 square reet. 6. We ask that the Rams-Horn, through a special �� development district application, be considered to be 11 � condominums (as it in ract is), and that we be allowed to add 4 more on the third floor. � � ' � 7. We have 33 on-site parkinq spaces. This should be sufficent for 15 condominiums. We are in the process of finishing a parking study on our Rams-Horn site that we will � submit to the Town of Vail staff. This parkinq study already shows that we are experiencing a usage of approximately one parking space per condominium. 8. We cannot wait until the Vail Village Master Plan is adopted. This delay would make it too late for us to enter a construction.phase this summer. we would propose to immediately furnish the existing condominums and put them into the rental pool. For the existing condominiums, we would ask for relaxation of the Use Restriction rrom two weeks to eight weeks. For the new third floor units we would voluntarily observe the Rental Obligation. Our proposals, if adopted, will lead to conformance with the proposed Vail Village Master plan in terms of increased density and usage ot properties in the core area. Res ectfully submitted, O�'e-�� Dave Garton � � _—�� Tim Garton cc: Mayor Paul Johnston Vail Town Council � • ' ' � 'V/ ♦ . ' NIELS W. JOHNSEN ONE WHITEHAL.L S fRt=E � Nt_w Y��K. N. Y. 10004 Mr. David Garton Rams-Horn Partnership Ltd. Rams-Horn Condominium Vail, Colorado 81657 Dear Mr. Garton: January 27, 1987 As requested in your undated letter, we have signed and return � herewith authorization for you to execute the application requested in the attached acknowledgment. / N4YJ :mf Enclosure Sincerely yours, ;, . l.�'� / ` � ' � ' , ,_. � i . � u The undersigned hereby authorizes Rams-Horn Partnership, Ltd. to execute an application for a Special Development District For The Rams-Horn Lodge in Vail, Colorado. The intention of this Special Development District is to provide Rams-Horn Partnership, Ltd. with the ability to add a third story on the south wing of the Rams-Horn Lodge. This addition would be in substantial conformity tio the elevations shown in the attached architectural plans. � / � _.%� �,�- � ; ; = �� - . � � L.� : 2 v. � BY': " - Niels 47. 'Johnsen � Units 16 & 17 BY: �1 j �;- � � ��:��1-�-� :� .L �fillicent M. ohns n Units 16 & 17 . ,� � � � � �, 0 ; ,,, � , � �, � �� . � $. � � __ p. � d „� � ;. �n �� .. � iL_I `..._ _. 1= ��) �'=- � W � � � � �1 i► Z O F- Q > W J' W F- '° N a �- w�� 0 � ORLANDO � February 6, 1987 Mr. Tim Garton Rams-Horn Partnership, Ltd. Rams-Horn Lodge Vail, Colorado 81657 Dear Tim: I am in receipt of Xour letter dated January 29, 1987, describing the proposed altezations to the Rams-Horn Lodge, and the accompanying authorization regarding the requested zoning change. Although my brother and I have no objection to the zoning change per se, we are unable at this time to authorize any further action without having reviewed a�ll pertinent documentation. Accordingly, this letter will serve as authorization on behalf of my brother, Harold, and I, for you to seek a new zoning classification. However, we expressly do not authorize any further action to be taken which impairs our ownership rights, until we have had the opportunity to review architectural plans and other necessary documentation, and until we have reached a binding legal agreement regarding indemnification, in case of any resuiting damage to our interests. Additionally, Harold and I will be required to seek advice of our Florida counsel, Mr. Jim Byrd of Baker & Hostetler, from time to time should the proposed renovation be undertaken. It is our position that this cost should be borne by the developer, as we are not receiving any benefit from the proposed renovation. You are invited to speak with Mr. Byrd, if ,you wish, regarding his estimate of the amount of legal work which will be necessary in order to protect our interests in this regard. His address and phone number are: James S. Byrd, Jr., Esquire BAKER & HOSTETLER 1300 Barnett Plaza Post Office Box 112 Orlando, Florida 32802 (305) 841-1111 Tim, I look forward to working with you in this regard, and I am confident that we can reach an agreement which is acceptable to all involved. i; ,; u%"'yi;3 Very truly yours, .„ � , � � �. i l u;., L��,s�, �' � �.z..,--�_ Marshall S. Cohn (as agent �for Marshall and Harold Cohn) • • • � . . The undersigned hereby authorizes Rams-Horn Partnerehip, Ltd. to execute an application for a 5pecial Development District For The Rams-Horn Lodge in Vail, Colorado. The intention of Chie Special Development District is to provide Rams-Horn Partnership, Ltd. with the ability to add a third story on the south wing of the Rams-Horn Lodge. This addition would be in substantial conformity to the elevations shown in the attached architectural plans. , � BY , , �j.� �� R er P. Anderson Unit C-1 . ` �� BY : �`� % -�c�c:� .� � / ,L-L� (;F: L ;;{- � ancy e--Firiderson Unit �1 ✓ .: , +. a a, • ,, I�dTE°-D�PARTh1ENTAL REUIEW P�OJECT: ;��C� �C� � 1�� v %�� l_� ..�-�-✓ v�� D.4TE SUEMITTED:�/ � DATE OF PUBLIC HEARING -7 � CCt�u�iENTS NEEDED BY: G s� BRIEF DESCRIPTION OF THE PROPOSAL: � .�-.. -c=l=;a -� .r� � PUBLIC t•,ORKS - P,evie;:ed by: Co�:;�en �s : �'` � FI RE DEPP,RTt1ENT Date Revi ewed by: �n��r Date /-� �'� A Conments: . �.J l �T�'��/�'�,�._ ��-� �� s�.1-�i� � � s� � � ��.� ,v'l� r'-�-� �'� < �j� P ` � , ,- --<� � > � U ,/' /.��'v.�.� , .Se� �` -�—� - �.'� 'e`' `` �`�`� . � � POLICE D�PARi��IENT Rev i e��ed by: Co�,�,ents : R�C��TiO'd Cc?�rTf,;�NT Kevi�wed by: Co-.-,�nts: - �� Date Date s , � ,-� • � �. � � I��TE°-DEP.4RTMENTAL REVIEW � �� / , P?OJ E C T : ,' �C�^ '%-� /�.- o .� � �f ,� u ✓J D,4TE SU�idITTED: � Z 3 CCt•��ENTS NEEDED BY: �< s<� ,- BRIEF DESCRIPTION OF THE PRO`OSAL: / �- �`� DATE OF PUBLIC HEARING -7 // 3 _._.______ � PUBLIC �•lOP,K� - �J , � i `` P,evie,;ed by. �� Date �'�`r ��.��e `� : _ . / if �� ,� ,�'E J�S 7 ti�r� ,� c_ c.� �- -� C� ,� ^ �,. �, f, - C ,.�. � � -�,'.� /�/a�/f��- / f" c�: � �° ,/'.. ,- - _ �i / _. , / � r�a � / ��iv % �'�'f. � � � ^,,,� ,:: � / FI RE DEPA,RTI��ENT Reviewed by: Conments: POLICE DrPARTl�IEN7 Revieti•�ed by: Co�,�,ents: R�C=;��TiO'd CE?�,riF1�NT Kev i cwed .by: Co-�;�nts: • Date Date Date � m _. ,. � . � • MINUTES VAIL TOWN COUNCIL MEETING JULY 7, 1987 7:30 P.M. � `� � ( A regular meeting of the Vail Town Council was held on Tuesday, July 7, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS NOT PRESENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal John Slevin Hermann Staufer Paul Johnston, Mayor Gordon Pierce Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk � The first order of business was approval of the June 2, 16 and 30, 1987 meetings minutes. After a short discussion, there was a correction noted to be made on the June 16 minutes. Eric Affeldt stated that he voted against Resolution 20, concerning the Doubletree. Eric Affeldt then made a motion to approve the minutes with the noted correction, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. The second item was a final presentation of the market/financial feasibility study for the Vail aquatic facility. Kristan Pritz introduced Tim Garton and Ford Frick who gave the presentation. Tim Garton first thanked those who helped get to this point, then gave background information and the goals of the Task Force and the conclusions they had come to. He then gave a slide presentation of areas the Task Force looked at. Ford Frick introduced Ron Rinker of Barker-Rinker-Seacat & Partners, architects, and then explained the conclusions they arrived at and how they approached problems. Ron Rinker explained site needs and how pool area would fit in Ford Park; he also gave a brief breakdown of operational costs. Ford next explained pricing strategies, marketing groups and potential revenues. Tim Garton addressed potential questions that came up during June and noted their conclusions. Council asked questions of the Task Force members and consultants. Joe Staufer first complimented the Police Department on how they handled the July 4th crowds, then stated his concerns over the aquatic center, to which Tim Garton responded. Kristan Pritz corrected Joe stating that staff was not by any means marketing the project, but was only informing the public of facts concerning the aquatic center. Joe responded that it looked like a �own priority, and Pepi Gramshammer stated he was angry over how much staff time and xpense was spent on the project when he felt the pool would not work here. Ron Phillips responded with the history of the project and compared it to the Congress Hall and noted how the two were in different stages of development. A1 Weiss and Dave Garton commented on why they were for the aquatic center. Council then asked more questions of the Task Force members. Mayor Pro Tem Rose thanked everyone for their work on the project, they had been very thorough, and stated the Council wanted to digest the information and wait until the Phase II report on the Congress Hall came out, when the Council would then work on bonding issues for one or the other or both. The third item for discussion was Ordinance No. 16, Series of 1987, second reading, amending Special Development District No. 5(Vail Run Resort) by amending the site plan. Mayor Pro Tem Rose read the title in full. Rick Pylman explained additional conditions which where included at the first reading. Jay Peterson, representing Vail Run, had additional word changes which Simba Run agreed with. There was no discussion by Council or the public. Gail Wahrlich-Lowenthal made a motion to approve the ordinance with the inclusion of language presented by Jay, and it was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. Next on the agenda was Orainance No. 18, Series of 1987, second reading, amending the parking on private property chapter of the Municipal Code. The full title was read by Mayor Pro Tem Rose. Larry Eskwith explained briefly what the ordinance would do and there were no changes requested at first reading. There was no discussion by � i ! the public or Council. A motion to approve seconded by John Slevin. A vote was taken • the ordinance was made by Eric Affeldt and and the motion passed unanimously 5-0. The fifth order of business was Ordinance No. 19, Series of 1987, second reading, establishing a Special Development District for the Valley Phase III (Elk Meadows). Mayor Pro Tem Rose read the full title. Kristan Pritz explained the changes made as requested in the ordinance since the first reading. After a brief discussion by Council, John Slevin made a motion to approve the ordinance with the changes stated by Kristan, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. The sixth item was Ordinance No. 20, Series of 1987, second reading, making a supplemental appropriation to the Town of Vail budget. The full title was read by Mayor Pro Tem Rose. Steve Barwick explained the changes made as requested at first reading. Eric Affeldt commented on what expenditures were for and was disappointed the press was not present to note how the public's tax dollars were being spent. A1 Weiss asked questions concerning the appropriations, to which Steve responded. There being no other discussion, a motion to approve the ordinance was made by Gail Wahrlich-Lowenthal. The motion was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 5-0. The sev_enth_i_tem�'�r___dastuss_i4n_was Ordinance No._21, Series of 1987, first reading, -- - amending the Town of Vail subdivision regulations concerning condominium conversions. �layor Pro Tem Rose read the title in full. Kristan Pritz explained what the changes in the Code would be and why. She then went over criteria used in evaluation of the request and why staff recommended approval. She also noted staff would like the Code to be reviewed every two years. Peter Patten commented that would protect the bed base of the town, especially if there were a Congress Hall. Mayor Pro Tem Rose made comments regarding Section 3C that there was no time limit for a unit to be furnished and made available. After some discussion by Council, it was agreed to add the wording "within 90 days after the date of recording of the condominium map". He then stated additional concerns which were already in the Code, as noted by Dave Garton and Jay Peterson. Peter Patten next stated problems with Section 2. At this time, Hermann Staufer made a motion to approve the ordinance with the changes to Section 3C, and to review the Code every two years, and it was seconded by John Slevin. A vote was taken and the motion passed unanimous�ly 5-0. Next on the agenda was Ordinance No. 22, Series of 1987, first reading, primary/secondary connection amendment to the Vail Municipal Code. The full title was read by Mayor Pro Tem Rose. Rick Pylman explained the reasoning for the ordinance and what language staff wanted to add to the Code. He stated there was one sentence which the Planning and Environmental Council recommended, but was not included by Larry Eskwith because it was too subjective. Eric Affeldt agreed with Larry. Eric asked Kathy Warren of the Design Review Board if she agreed with Larry's language; she felt it was too loose and was not very comfortable with it. She felt it encouraged two structures and not one. After some discussion, it was agreed to make the first sentence of the PEC memo the first sentence of the Section. There was more discussion s to what the intent should be. After much discussion by Council, staff and Kathy �Jarren, it was decided to table the ordinance and rework the wording. A1 Weiss stated his objections to the ordinance, to which Larry Eskwith responded. Jay Peterson then made comments as to some past Council decisions and the reason for the ordinance. Kathy Warren recommended applicants be encouraged to go to the DRB before the PEC and a lot of money is spent. Peter Jamar noted more illustrations should be done to help the DRB and PEC make decisions. At this time, a motion to table the ordinance indefinitely was made by John Slevin and seconded by Eric Affeldt. A vote was taken and the motion passed 4-1, with Hermann Staufer opposing. The ninth order of business was Ordinance No. 23, Series of 1987, first reading, Hillside residential zone district. Mayor Pro Tem Rose read the full title. Rick Pylman explained what the ordinance was for, what it would do and gave background information. Gail Wahrlich-Lowenthal had to leave the meeting at this time. Jay Peterson, Peter Patten and Rick Pylman answered questions of Council. Eric Affeldt made a motion to approve the ordinance with instructions to the staff to include language that equestrian lots be required to border public lands. The motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. -2- J � � The tenth item was a Doubletree sign variance request. Rick Pylman gave background information and explained what the request was for. He presented photographs to the Council. He then explained the criteria used in evaluating the request and the findings, and why the staff recommended approval. There was no discussion by the public or Council. A motion to approve the variance request with the findings as found in the staff inemo was made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. The eleventh item for discussion was the Rimel density variance appeal. Eric Affeldt spoke up that he brought this item up and wanted to know why the variance was approved by the Planning and Environmental Commission. Rick Pylman gave background information on the variance and why staff recommended denial and overturn the PEC decision. Kathy Warren, representing Lee Rimel, listed reasons why she though the variance should be approved. She distributed copies of zoning maps and discussed the areas shown. After much discussion by Kathy, staff and Council, John Slevin made a motion to uphold the PEC decision, and Hermann Staufer seconded. Kathy asked to be able to address any problems Council members may have had with the variance. A vote was then taken and the motion was denied 2-2, with Mayor Pro Tem Rose and Eric Affeldt opposing. The variance was denied and the PEC decision overturned. There was no Citizen Participation. Ron Phillips stated for the Town Manager's report, the Town received $18,000 from an �UMTA grant and out of 23 cities rated, Vail had the highest efficiency rating for our buses. He noted that bus ridership for the total area was up 23% over last year for the July 4th weekend, and overall, June was up 13% from 1986. He stated the real estate transfer tax fund was right on budget for June and $12,000 over budget for the first six months. Also, sales tax was $106,000 over budget for the year so far. Ron commented that Heritage Cablevision was going to survey all the lodges and public with questions regarding the public access studio and the public's satisfaction with it. There being no further business, the meeting was adjourned at 11:45 p.m. ATTEST: ; ��v� . �G Pamela A. Brandmeyer, T wn Clerk �inutes taken by Brenda Chesman Respectfully submitted, ��7� �? �! C%��— Kent R. Rose, Mayor Pro Tem -3- � � � ' — �_----- __ _ lO�l 75 south frontage road vail, colorado 81657 (303)476-7000 July 6, 1987 Mr. Jim Morter Morter Architects 143 East Meadow Drive Vail, Colorado 81657 Re: Ramshorn Third Floor Submittal Dear Jim: otfice of community development It is my understanding that you wish to proceed to Design Review Board before the Ramshorn project has actually received ordinance approval from the Town Council. Peter and Kristan explained to me that they agreed to this request due to the fact that the Vail Village Inn project was allowed to proceed to Design Review Board before receiving their final ordinance approval from the Town Council. After discussing this issue with the staff, it was made clear that there was a misunderstanding between Tom Braun and the architect for the WI project as to whether or not they could proceed to Design Review Board before final Town Council approval. Apparently, the architect thought that they could proceed to Design Review Board without the final ordinance approval. Tom had said that this was not possible. At the time of the Design Review Board meeting, Tom was out of town, and the other planners were unaware of what decision had actually been made on the question of whether or not the project could proceed to Design Review Board. For this reason, the staff decided to let the project go to Design Review Board. I am writing this letter to clarify that when Peter and Kristan told you that you could go to the Design Review Board on July 15th, they were of the opinion that the WI had actually been allowed by a planner to do the exact same thing. As it turns out, there was some kind of miscommunication between the planner and applicants for the WI. For this reason, the staff wanted to make it clear that for future projects, Design Review Board approval will not be appropriate until after the project has actually been approved by the Town Council. ,-/ • -� �. �__ �e _�..�--"_"_ If you have any questions about this letter, please feel free to call me at 476-7000, ext 108. Sinc ly, �� Rick ylman Town Planner RP:br � Project Application -- J�� .� � ��ls�r, Date -_ u v�� a�l , �'�i �� p cd Project Name: It�a.�n� J" � � � �ooi' ,� ]�.(�.�.�� Project Description: Contact Person and Phone �1 ��M �Ol�-QY '�'�(o� CJ IUrj Owner, Address and Phone: _ �'lb VCtit � � 1Gi�� , �,�� Architect, Address and Phone: �ot'"�'� r1 cY-tn�-�PC� S (,'� � �Vl��t,�, �f— _ SiI�$ Legal Description: Lot � , Block _� , Filing _SJc<<< ��icQ 'r'J`� , Zone � J Comments: Motion by: Seconded by: �� °'( APPROVAL s� Summary: � Town Planner Date Design Review Board Date � DISAPPROVAL ❑ Staff Approval the printery�vail w� ' y ,, � � APPLICATION DATE: June 29. 1987 DATE OF DRB �1EETI�JG: July 15, 1987 DRB APPLICATION � *****THIS APPLICATION WILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUB�9ITTED***** I. PRE-APPLICATION MEETING: A pre-application meeting with a planning staff inember is strongly suggested to determine if any additional information is needed. No application will be accepted unless it is complete (must include all items required by the zoning administrator). It is the applicant's responsibility to make an appointment with the staff to find out about additional submittal requirements. Please note that a COMPLETE applica- tion will streamline the approval process for your project by decreasing the number of conditions of approval �hat the DRB may stipulate. ALL conditions of approval must be resolved before a building permit is issued. A. PROJECT DESCRIPTION: Third floor addition to the existing two-story structure of the RamsHorn Lodge; consisting of three condominiums and a total of 5,055 square feet. B. LOCATION OF PROPOSAL: Address 416 Vail Valley Drive Legal Description Lot a Tract F-1, and Parcel RH Zoning Pti Block 3 Filing Vail Village 5th C. NAME OF APPLICANT: RamsHorn Partnership Address 416 Vail Valley Drive telephone 476-5075 D. NAME OF APPLICANT'S REPRESENTATIVE: Morter Architects Address 143 E Meadow Drive, Suite 300 telephone 476-5105 E. NAME OF OWNERS: RamsHorn Partnership � Si gnature I \ �''�'�"'��"'� Address 416 Vail Valle.Y Drive � telephone 476-5075 F. DRB FEE: The fee will be paid at the time a building permit is requested. VALUATION $ 0 - $ 10,000 $ 10,001 - $ 50,000 $ 50,001 - $ 150,000 $i50,001 - $ 500,000 $500,001 - $1,000,000 $ Over $1,000,000 FEE $ 10.00 $ 25.00 $ 50.00 $100.00 $200.00 $300.00 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requirements, the applicant must stake the site to indicate property lines and building corners. Trees that will be removed should also be marked. This work must be completed before the DRB visits the site. 2. The review process for NEW 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 fail to appear before the Design Review Board at their scheduled meeting and who have not asked for a postponement will be required to be republished. , • _. � � � 4. The following items no longer have to be presented to the Design Review Board. They, however, have to be presented to the Zoning Administrator for approval: a. Windows, skylights and similar exterior changes that do not alter the existing plane of the building; and b. Building additions that are not viewed from any other lot or public space, which have had letters submitted from adjoining property owners approving the addition; and/or approval from the agent for, or manager of a condominium association. 5. You may be required to conduct Natural Hazard Studies on;your property. You should check with a Town Planner be�fore proceeding. � � � � 0 s I. NEW CONSTRUCTION MATERIAL TO BE SUBMITTED � A. Topographic map and site plan of site containing the following (2 copies): 1. Licensed surveyor's stamp. 2. Contour intervals of not more than 2' unless the parcel consists of 6 acres or more, in which case, 5' contour intervals will be accepted. 3. Existing trees or groups of trees having trunks with diameters of 4" or more one foot above grade. 4. Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.). 5. Avalanche areas, 100 year flood plain and slopes 40% or more, if applicable. 6. Ties to existing benchmark, either USGS landmark or sewer invert. 7. Locations of the following: a. Proposed surface drainage on and off site showing size and type of culverts, swales, etc. b. Exact locations of all utilities to include existing sources and proposed service lines from sources to the structure. Utilities to include: cable TV sewer gas Telephone water electric c. Property lines showing distances and bearings and a basis of bearing d. Proposed driveways with percent slope and spot elevations e. All easements 8. Existing and finished grades. 9. All existing and proposed improvements including structures, landscaped areas, service areas, storage areas, walks, driveways, off-street parking, loading areas, retaining walls (with spot elevations), and other site improvements. 10. Elevations of top of roof ridges (with existing grade shown underneath) to determine height of building. B. A statement from each utility verifying location of service and availability. To be submitted with site plan. C. Preliminary title report to accompany all submittals, to insure property ownership and all easements on property. D. Landscape Plan (1" = 20' or larger) - 2 copies 1. Show the location of 4" diameter or larger trees, other sh�ubs-and^native plants tt are on the site and the location and design of proposed landscape area=s with the varieties and approximate sizes of plant materials to be planted. � 2. Complete landscape materials list. 3. Designate trees to be saved and those to be lost. NOTE: As much of the above information as possible should occur on the site plan, so that � the inter-relation of the various components is clear. The landscape plan should be separate. The existing topographic and vegetational characteristics may be a separate map. The applicant must stake the site to show lot lines and building corners. Trees that will be lost during construction must be tagged. The work should be completed before the DRB site visit. i � E. Architectural Plans (1/8" = 1' or larger) 2 copies 4 � ► - • 1. Must include floor plans and all elevations as they will appear on completion. Elevations must show both existing and finished grades. 2. Exterior surfacing materials and colors shall be specified and submitted for review on the materials list available from the Department of Community Develop- ment. Color chips, siding samples etc., should be presented at the Design Review Board meeting. F. The Zoning Administrator and/or DRB may require the submission of additional plans, drawings, specifications, samples and other material (including a model) if deemed necessary to determine whether a project will comply with design guidelines. II. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS Photos or sketches that clearly indicate what is proposed and the location (site plan) of proposal may be submitted in lieu of the more formal requirements given above, as long as they provide all important specifications for the proposed including colors and materials to be used. III. ADDITIONS - RESIDENTIAL OR COMMERCIAL A. Original floor plans with all specifications shown B. Floor plan for addition - 2 copies C. Site plan showing existing and proposed construction - 2 copies topos D. Elevations of addition E. Photos of existing structure F. Specifications for all materials and color samples on materials list availab�� at Department of Community Development At the request of the Design Review Administrator you may also be required to submit: G. Statement from each utility verifying location of service and availability. See attached utility location verification form. H. Site improvement survey, stamped by registered professional surveyor. I. Preliminary title report, verifying ownership of property and lists of easements. IV. FINAL SITE PLAN After a building permit has been issued, and when the project is underway, the following will be required before any building receives a framing inspection from the Building Department: A certified improvement survey showing: A. Building locations with ties to property corners, i.e. distances and angles. B. Building dimensions to nearest tenth of foot. C. All utility service lines as-builts showing size of lines, type of material used, and exact locations. 2 copies D. Drainage as-builts. 2 copies E. Basis of bearing to tie to section corner. F. All property pins are to be either found or set and stated on map. G. All easements H. Building floor elevations and roof ridge elevations. � w � � LIST OF MATERIALS � NAME OF P20JECT: RamsHorn Lod e Third Floor Addition . LEGAL DESCRIPTION: LOT a BLOCK 3 FILING Vai Vi age th STREET ADDRESS: 416 Vail Vallev Drive � DESCRIPTION OF PROJECT: Third floor addition to the existing two-story structure of the RamsHorn Lodge; existing o t ree condominiums and a total of 5,055 square feet. The following information is required for submittal by the applicant to the Design Review Board before a final approval can be fiven: A. BUILDING MATERIALS: TYPE OF MATERIAL COLOR Roof Built-up Roof Natural Siding Wood Olympic � 9l� Other Wall Materials Stucco To match existing Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashings Chimneys Trash Enclosures Greenhouses Other Wood Oxford Brown Wood Olympic �i q/7 Wood-Clad Dark Bronze Wood Oxford Brown Wood-Clad Dark Bronze Wood Oxford Brown Wood Oxford Brown Metal To match stucco color To match ad�acent Metal surface Stucco To match existing NA NA 6. LANDSCAPING: Name of Designer: NA phone: PLANT MATERIALS: Botanical Name Common Name (NA) pROPOSED TREES EXISTING TREES TO BE REMOVED Quanity Size* *Indicate caliper for deciducious trees. Indicate height for conifers. (over) c ° rr�/ � . �PLANT h1ATERIALS: Botanical Name � (con't) SHRUBS - EXISTING SHRUBS TO BE REMOVED Type GROUND COVERS SOD ScED TYPE OF IRRIGATION TYPE OR METNOD OF EROSION CONTROL , Common Name uanit Size Square Footage C. OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please specify. Note: Restore all damaged landscaping: ,; ! ' ' �,-'`� � � . 1 L.AND T I TLE GuARANTEE Gt�M�'ANY Representf n� Ti t)� Ir►surance Gom�*anY ai� Minnesa�a THANk YGI� F�1ft YC1UF� ORf�EF June 2'�, 1987 Our Ord�ra V1C1�26 BUYERa �ELLERe a+D�3ER P. ANDER50N �.nd NANCY �. ANIIERfiON A� TC1 C—i , MAR�HAI..L �G(JTT C4H1V and HARC�LD �TEVEN C:l7HN A� Tt7 C—� ANa �G—�� N+�RMAN E. BRINF�ER AS Ta �:--4 AIVt� C—°�, NC��tMAN U. f�URTZ and NEL.EN MILLER AS Tt� C—? � N I E1.8 W. JGHN^EN � n d M I GL I�Eh1T M. JOHN�EN AS Ti? C-1 b ANL� �C-17 a n d RAMSWaFcN PARTNEa�N I R LTG. � A �OLC�RADuQ L. I M I TEU PARTNERSN I P A� Ta L�PI X TS G-6 AND G—� TMRaUQH G—i� TNGLU�IVE ADDRES�a OTTO � PETERSaN & RC�ST B�4X 3149 VAIL� C0. $165�# 1 Attn= JAY PETERSON �� : � � �O� .,�' ' , _ _ _ �. This commitment was produced and issued through the office of LAND TITLE GUARANTEE COMPANY 108 South Frontage Road P.O. Box 357 Vail, CO 81658 � (303) 476-2251 �tersigned: C�,,i,}.,�. ov,.K--- Validating O icer Representing: ITLE NSURANCE OMPANY OF � �INNESOTA � � � �� y A L T A - Ghar�e� - AL7'A OWNER POLICY PRELIMiNARY REP4RT - - TaTAL. - - C Q M M 1 T M E N T �CHEDULE A '��'` Aawiicatinn Nc,. Vla82b For Inforrnation Onl�r �1U�.4t1 �c l OC�. �0 With �rour remittance pleas�e �ef�r �kc� V10�26. 1. Effe�ctiva Datea JunB 22. 1987 at BsOQ A.M. 2. P4�iCY ta be it��u�d, and r�roP�sed Insurede "ALTA" �]wner' � Pa 1 i c°r Fc►rm E�-1'�'7� t Ame�n�iad 10-i7--70 ) Praaosed In�ured= 3. The estate ar int�rest in the lan�i described ar r�f�rred io 3n thix �ommitment and cov�red herein i�o A Fee Simr�le 4, Title to the e�tata ar int,�rer�t cav�r�rd h�rein is at kh� e�f�rctive dat+e F�ereaf ve��ked in� RUQER P. ANQERSQN and NANCY L. ANDERSaN A� T� C-19 MAaSHAL.L �CaTT GOHN a.nd HAROLD STEVEN COHN AS TG �G--2 AND C-3, NORMAN E. BRINK�R AS TO G�4 AN1� C-5+ NORMAN D. KURTZ �nd MELEN MIL.LER AS Tt7 �C-7� NiEL� W. JflWN�EN and MILL.IGENT M. ,JGHtV��EN A� Tt] C-ib AND G-17 a n d RAM�HGRN FAFtTNERSH I P' LTD. � A�l7LORAD�t� L I M I TED RARTNER�HiP AS TQ UNIT� �C�-6 AND �-� THROUt3H C-15 IM4LUSIVE 5. The land referred tr� in this Commftm�n� is d�scribed as followst �t�NDOM I hl I UM UN I T� �-1 7HR�lUCH G-17' I NCLUS T VE .�tAM�-HaF�N LOL�QE �C�NaOM I iV I UMS AGGi�RD I NG TCl THE GONIiOM I N I UM MAP REGa�taED JUNE i�� 19f3 r I N�L1�C1K 417 AT PAOE 302 AND AS DEF I NED AND I�E�GFt I E+ED I N THE DECI.ARAT I aN �OR RAM�--H4RN LOUC�E GONDQM T A{ T UMS RECGRDED .JUNE 1�, 19£35 I N HGQtC 41? AT PAC�6 3G� � GCUNTY 4F EAt�LE ��TATE C��' �CQLQRADO. PAt3E 1 �� PAGE � � A L T A C Q M M I T M E N 7 �CHEDULE A � , Aw�t ic�ti�an Nr,. V10�26� � I � � AL1'A �CUMM i TMEN7 SCHEDULE B�-1 �R��uirem�ntsc) A�wlicatian Na�. V1U��6 The fal 1 awinsr are the rewuire�ments ta b+� camrt i�d witha i. P�.�rment �t4 or ft+r #he acc�aunt of tt�e �arar�t�,rs or martaa�or� o� the futl c�n�ideratfan far the +e�tate a� int�re�st to be in�ured. 2. I'raPer instrum�ntts) creati�� the �state ar inter�st ta tr� insured rr�ust b� r�x�cuted �nd dul� fiied t�or recur�i� ta—wits �� THE GQUNTY CLER'K AND �tEC��tDER� OFF I CE REt�U I RE� RE7URN ADDRE��ES �DN DOGUMENT� SENT FaR aECaRD I IVt3 !! �� PAi3E 3 � � � . ALTA GCIMM I TME�lT �GHEDULE B-2 tExc�ra+tions�) AP�ticatian Ma. V14�2Q Th� woticv ar policiea to be is�ued will canrain ex�ceP��ans t4 the foliawing uniess the aame ar� dis�P��ed of to the sati�f�ctfan of the Comw�.n�rz 1. �atandard Exce�tior,� i thraua�h 5�rinted an tha rove�r� she�t. b. Taxes and as�e�sments ncr�k �ret due o� pa�rable and ��e�ia1 assessments r�ot �+�t cer�tified to th� irea�urer's afficr. 7. AnY un�aid taxes ar assess�me�nts aa�ains�t aaid la►nd. 8. Li�ns for unwaid uvat�� and aewer char�a�s� i� an�r. '�. RIGHT aF RRaPRIETQR UF A UEIN OR LC�DE TG EXTRAGT AND REMOVE HI� ORE THEREFR+RM �HOULF� THE SAME @E: Ft7UNa 74 PENETaATE C�F� INTEFtSECT THE F'REMISES A� REBEf�VED I N UN T TED �TATES PATENT REG�RUEI? MaY 24 � 19t��. I N 8C1�lC 48 AT PAt3E 51 �. . 10. F2I �GHT OF WAY FOR D I TCHES OR C'•A�iALS COI�STRUGTED E�Y THE AUTNO� I TY OF THE UNI7ED STATES AS RE�EFtVED IN UNITED �TA1'E� RATENT RECaRDED Mar ��: 1�45, iN I BOOk: 4C� AT PAGE 311. � l i. ftE�TR T GT I VE COVEIVANTS, WH I CH DO NOT ��'tNTA I N A F�FtFE I TURE GiR FtEVERTER CLAU�E :&UT ah� i TT I N(3 RESTR I CT I QN� � 1 F ANY , BASE D�N F�A�:E . C4LOR � REi. I G I�N, AR NATIt7NAL ORI�IN, A� �C4NTAINED IN IN�TRUMENT REr�►RUED Nc�v�mber• �5ti 196�� I N 800K 1�S7 A7 RA4E 3s3 �Na AS AMENDED I N I N�7RUMEtVi RECt7RDETi Mar c h i��, 1977 � T N Hl��1K 25� AT PACE 4Q. 12. UTILITY EASEhiENT A� �GRANTED T4 PUBLIC SERVICE GQMF'ANY OF C4LORADG IN INSTRUMEN7 REGt�RDED JanuarY 18, 1'��, IN HC�I�K 44� AT PAl3E 2�3. 13�. UT I L I TY EA�EMENT F I VE AL.C�IVG THE N�RTH LOT L. i NE QF TFeAGT F-1 AS �HOWN C?N THE � RECORJ�ED P1.AT OF VAiL VILLA�+E� FIFTH FILING. 14. RE�ERVAT I ON AND CONd I T I t�N� AS GONTA I NED ��iV DEELi RECCI�DED JAIVUARY 2�, I 9Ba � I N 8C10K �97 AT F`A�E '�50 THAT TRA�,":T F-1 vA I L V I L.LA�E � I FTH F I L I NO E X CEPT THE � EAST 1 b0 FEET QF 5A i D TFiA�CT BE U�ELt FO�R PAFcK I NG ONLY. j NOTE s ?RACT F-1 I S USED AS PARK I N� F�R THE RAMS—HGRN I.QD�3E Ct�NDt�M I N I UM�. AFFIDAVIT REC�RL�E1� MAY 22, 1984 TN B�OK ��6� AT t�AaE 31 WAIVES THE RICHT� OF VAI� A��Q�IATE�� INC., A�4LORAIIO GORPt�RATI�N AS 7MEY PERTAIN TO THE EXISTING FENCE. PA4E 4 � , , +�. .r�►� A L T A C 0 M M I 7 M E N T SG}iEDULE 8--2 tExcewtians) APwt fcation Nt�. Vi(�f326 1�. TNOSE Pf�4VISI0N�� CaVENANT� ANp G�+NDITIG►N�. EA�EMENTS AND RE�TRICTIONS� WH I CH ARE A BURDEN TO 7HE COtVQ4M I N Y 11M l�N I T I�E�CR I 8E0 I N SC:HEUL.�LE A. A� GONTA I NEA I N I N�TRUMEPIT RECORUELt Ju ne � 3, 1'��5, i N SCtpK 417 AT FAOE 3t�3. 16. EASEMEN7�, RE�ERVAT I ONS AND RE�TR I GT I�N� A� �:HOWM �iR F2E5ERVEIi L1N THE RECORDED GONI�OMINTUM MAP GF RAM�-M+�?RN LQD�� GONdOMINIUM�. 17. A DEED C�' TRUST GATED Ma�r 04. 1��4 FR�7M PCILAFt PARThiERSH I F� A�CENERAL FARTMER�H I R TO THE PU�L I G TRUSTEE C+F EACiLE GOUNTY FCtR THE U'�E ClF C T T i ZENS �ANK � A W Y�C�7NS T N�ANlf I NO CCtRPO�AT I OtU TQ �EGURE THE �:UM G�F � 1, 600 � t��C+. t70 � AND ANY aTHER AMOUNTS PAYABL..E UNUER THE TEI�MS THE�t�aF, REGl7RDED Mav �2. 1994 IN BQQK 3Sb AT pAGE �6. MQDIFICATION AND AMENUMENT AI�REEMEIVT IN CONhIECTION WITN ^aAID DEED 4F 7RUST f` WAS RECORDED Au� u s� t 13 �� 9'84, I N SOi�K 3�'2 AT PAt3E �54 . � i NdEMN I TY AGREEM�NT I N�ONNEGT I 4!V W I TH �A I i1 DEEI� [�F TR�lST WAS aECGRDED Ausust i'�. 198�4� IN 800K 3�2 AT PA�3E 235. �ECQND M�D I F I CAT ��1N A�ID AME�IDMEIVT AGREEMENT I N CC�NNECT I i3N W I TH �A I D L�EED OF TRU�:T WA� REt:ORaELi Ju i v 01, 1�6�, I N BOaIG 418 AT PAGE 77�. THTRa MaDYFI�CATI�N AND AMENDMENT AGREEMENT IN CONN�CTIaN WITH SAIt1 DEELt OF TRUST WAS REC4RpED Ar�r i 1 �� 15+87, I N H0�1� 4b i AT F'AC�E �3�. 18. FINANCING BTATEMENT WITH �ITIZENS HANK� THE SECUREd FARTY, F�ECCiRL�Ea MaY 22� 1�84, IM BGOK ��6� AT RAGE 37. IMOD I F' I CA7 I QN AGREEMENT I N �C�]NNE�T I UN W I TH 5A I U F I NAN�G I NC� �TATEMENT WA� RECaRL�EG AUGU�T 13, i�'84 IN B�OGK �92 AT PAI�� g4. 3ECt�ND M4D I F I GAT I l�N AGkEEMENT I N G�1N�IECT i OtV W I TM �A I t1 F I NANC I Nt3 �TATEMENl' WAS RECORDED JULY 1, 198� IN H�OOK 418 AT PA�E 778. TH I RI� MOtI i F T CAT I dN AC�REEMENT I N�t�hiNECT I a�l W i TH �iA I D F I NANG I NC3 BTATEMENT WAS RE�:�RDED APR Z l. 2�. 19�7 I N BO�K 461 AT PAt�E 633. 19. A DEED C1F TRU�T DATEI� Ma�r �1 � 19�4 FRC�M ROL.AR PARTIUER�HIP, A C�tLI�RADtI GENERAL P'ARTAlER�H I P TQ THE �'UHL i C TRUSTEE GF EAGLE CaUNTY FOR TNE USE t)F' WH I 7E ENTERPF� I SE� � I PtC:. 7 A GOLORADC+ GORF�RAT I�►N TLi �EGURE THE � UM G1F #�700:�0�.0(7, AMD AWY OTHER AMOUNT� FAYABLE UNDER ?ME TEf�MS THEREOF� REC�IRDED Ma�r 22 y 19+�4 i N�SOOK 39� AT pAGE 3�. PA�E � � � ., � A L T A G a M M I T M E N T �CHE�ULE �-� (Ex��tian�) A�P�1C�t1GR N8. W��e�� UBORDINATIaN AaR�EMENT IN GONNECTION WITH �AID I?�ED aF TRU�T WAS RE�(7RQED Au�u�t 1�� 19�4� IN �00� ��2 AT �A�E �5�. 20. FINANGI�Q STATEMENT WITH WHITE E�TERPRI�E�, ING.� THE SE�URED PARTY� �ECORI]ED Ma� 22, 1984, TN 800� 3�b AT PA��E 39. SUHQRDINATION A�REEI"IENT IN CaNNEGTION WITH �AID FTNANGI�a �TATEMENT WAS REG�RDED pUGUST 13, 19�4 IN bOOK �� AT PA�E ��2. tITEMS 17 7HR�UQM 24 AFFECT UNITS C�4 THROU�H C-1� INGLU�IVE) 21. A DEE� OF TkU�T dATED Ju1� ��, 1�85 FROM �Q�ER P. ANDER�4N AN� NAN�Y L. ANVER�ON TQ THE PUBLIC TRUSTEE OF EAGLE C4UNTY F4R THE U�E �F FIR�THANK �F VAIL T� �ECURE THE �UM QF �2�2,4�4.�G, ANU ANY OTNER AM�UNTS PAYA�LE UNDEa THE TERMB THEREOF+ REGORDED Ju1Y 31. 1��5 TN ��OK 4�1 AT PA�E 214. SAID GEED OF TRUST WAS FURTHER S�CURED IN A5�I�31VMENT OF �ENT� RECaRDEC JutY � 31� 198�� IN �40K 421 AT RA�E 215. EXTENSION AGREEMENT IN C�NNEGTI4N WITH �AIC� DEED [�F iRUST WAS kEG4R�ED Auaust 01. 19�� IN 800� 4�b AT FpQE 20�. tAFFECTS UNIT C-1l 22. FINANCINQ �TATEMENT WITH FI��T TMTEF'�TATE �ANK OF WI�GONSIN, THE SECURED PARTY, RECORDE� Ju1w 31. 19�5� iN HO�� 4�1 A7 PAGE 21�. {AFFECTS A�L UNITS EXCEPT C-1+ Cwl� AN� C�1?} 23. A DEEU �F TRU�T DATED N�v�mber 1�+ i�BR FR4� MpR�NALL S�OTT CONN AN� HAROLD �TEVEN C�HN T� THE PUB�I� T�USTEE OF EAGLE GOUNTY F�R TNE U�E OF FiR�T ZNTERSTAT� BANK �F WISCON�IN T� SECURE THE �UM OF ��4C>>40��.OU, AND ANY �THER AM�UNTB PAYABLE UNCE� THE TERMS THERE�F� REGO��EL November 1�, 1�� IN �OOK 434 AT RAaE 10�. 24. FINANCINr �TATEME�T WITH FI�ST I�TERSTATE HANK �F WISGON�IN, THE SECUREQ PARTY, REGORDED Novem�ar 18y 1985, IN ��K 434 A7 PAGE 1�7. fITEMB �� AN� 2� AFFECT C-� ANa C-�) PA�E b . ♦ "' � � .� • �✓ AL.TA �OMM I TMENT �aCNEUULE 8-2 tExce�tian�) Awr�ticatio� Nc�. Vi482b 2�. A DEEU OF TRUST I�ATED Mati� 0�.. 1487 FROM IVCIRh1AN E. B�R I NKER Ttl THE PUFt� I C T�U�TEE QF EAGLE ��]UIdTY FQR THE USE OF FcAM�HQRN PARTNERSH I i', LTL1. � A Gi�LORADO L 2 M I TEa PAfiTNER�aF� I P TO SEC'URE THE SUM �5F �240 � 404. Oc7 � AND ANY OTHEF; AMi�UNT� PAYAHLE UNGE�C THE T�RMS THERECIF � REC�1RLiEa Ma�r 14 � 19#�7 IN BC10K 4�2 A7 PAQE 6�'�. SA I D i+EE1J C1F TFtU�T WAS A�S I C3NED TO F I R�T I tVTER�TATE �ANK OF W I�CON� Y N I N A��IC�NM�NT REC�RiIED MaY 1�4, 1987. IIV B�3GK 4b2 AT PAC�E 6��. (AFFECTS UNITS C-4 AND L-�) 26. A DEED OF TRU�T DATED Ma�► 13, 1987 FRaM RAM�HGRN PA�TI�ER�aH I1� � L.TL�. � A CaLORADO L I M I TED P'AF�TNER�H T P Tt3 THE PUHL I G TFtUSTEE �iF EAt�LE �OUNTY F4R THE USE C1F P�11�AR WARE COMPANY � A W I�CON� I N Ct�RRORAT I�N 70 SEG��E THE 8UM C�F � i,�aa � OOt7. a0. AND AidY �1THER AMQUNT� RAYAHLE uNDE�t THE TERM� TMEREOF. REGORDED Ju�e 17� 19�7 TIV 8C1QK 464 AT PAGE �&04. f AFFE�T� AL.L. UNI TW ) �� . • , � � � S �� I��`�� ,I I �l 0 Planning and Environmental Commission June 22, 1987 PRESENT J.J. Collins Diana Donovan Pam Hopkins Peggy Osterfoss Sid Schultz Jim Viele ABSENT Bryan Hobbs l. Approval of minutes of June 1 STAFF PRESENT Peter Patten Tom Braun Rick Pylman Betsy Rosolack � � � ��1 r ,� r � ;, The minutes were approved with corrections with a motion from Diana Donovan and a second from J.J. Collins. 2. A request for an exterior alteration and a conditional use permit in order to ex and an outdoor dinin deck at Blu's Restaurant located at 193 East Gore Creek Drive. Applicant: Blu's Restaurant (This item had been tabled from June 8. Pam Hopkins left the table to absent herself from this proposal due to conflict of interest. Tom Braun presented the proposal and explained that Blu's wished to enclose part of their deck and expand the rest of the deck. The enclosed portion would have a greenhouse effect. The staff recommended approval with the following conditions: 1. 2. The walls on the north elevation must be totally operable. The applicant consider design alternatives for the railing treatment to be submitted at DRB review. 3. Sidewalk improvements consistent with the Gore Creek Promenade design shall be made in conjunction with this proposal. Consistent improvements shall mean identical materials and design. The upgrading of the walkway shall be made over the entire length of the Gore Creek Plaza building frontage and shall be done in conjunction with construction and expansion of the existing patio. Craig Snowdon, representing the applicant, showed dimensions and described indoor and outdoor dining. Craig explained that the planter elements would be in place only in the summertime. Sid Schultz felt the deck interrupted the flow along the sidewalk. He also did not feel comfortable with the fact that .� • M the applicant was enclosing deck space and then asking for more deck space on Town land. Craig said that he met with the staff, owners, and consultant to try to come up with a solution that would be acceptable to all and Jeff Winston, the consultant suggested having the patio come out into the sidewalk area and interrupt the pedestrian area. Diana agreed with Sid and felt that the project also blocked the view from the west. Peggy Osterfoss liked the greenhouse and planters, but felt that there should be more continuity in design between the building and the sidewalk. She felt the third circle should be part of the design and that it was important to work out the details in advance. She wanted assurance that the work on the pedestrian way would be completed. J.J. Collins felt that the cart came before the horse in this project, but that he had no choice but to approve the proposal. He agreed with Peggy and felt that this was not a final design. J.J. felt that the Town should budget to finish the pedestrian way. J.J. also mentioned that the rental should be a fair market value. Jim Viele agreed with J.J. Peter appreciated J.J.'s viewpoint that this was not a final design. He explained that this was a master plan and that he tried to accelerate the review process, but could not, and felt that it was wise to get the best solution now until the Town could get the third circle financed. J.J. moved to approve the exterior alteration per the staff memo which included the three conditions listed above along with the comments that the PEC's concerns be directed by the staff to the Town Council and that the staff propose to Town Council that there be a budget to help to complete the promenade and the landscaping. The motion was seconded by Jim Viele. More discussion followed, with Peggy being concerned that the Town Council might not go along with the idea of helping to finance the project. Tom explained the process of capital improvement projects. Diana felt that the need was immediate, not next year. The vote was 3 in favor with 2(Sid and Diana) against the motion. J.J. moved and Jim Viele seconded to approve the request for a conditional use permit to expand the dining deck. The vote was 3-2 in favor, the vote following that of the exterior alteration. 3. A request for a density variance and a side setback variance to enclose a deck on Lot 27, Vail Village West Filing #2. Applicant: Albert D. Weiss , � � Tom Braun explained that the proposed deck enclosures required two variance requests. He stated that the staff could not support the requests as presented because they were strongly opposed to the additional GRFA requested beyond the 250 square feet allowed under Ordinance 4. John Perkins, architect for the applicant, felt that there was a legitimate hardship. Mr. Weiss mentioned that only 168 square feet was for living space. J.J. Collins suggested that the applicant consider scaling back the request too 250 square feet. Peggy Osterfoss stated that perhaps if snow removal was the only problem, a roof could be in place without enclosing all the space beneath it. She could not see a reason to go beyond the 250 square feet. Diana and Sid agreed. Jim Viele felt the hardship was self imposed. Weiss pointed out that he was not enclosing beyond the perimeter of the house. He felt the hardship was dampness to the house. Diana Donovan moved and Peggy Osterfoss seconded to deny the request per the staff inemo dated 6/22/87, The vote was 6-0 for denial. 4. A request for a setback variance in order to relocate a pool building at the Ramshorn Condominiums on Lot A, Block 3, Vail Villa e 5th F11in . Applicant: Ramshorn Partnershi Peter Patten presented the proposal. He stated that this was an amendment to a previous approval and showed the old proposal and the new proposal on a site plan. He said the staff felt the proposal to be an improvement with respect to adjacent uses. Jim Morter, architect for the project, answered questions. Diana Donovan moved to approve the request for the front and side setback variances per the staff inemo dated 6/22/87 with the condition that the trash dumpster be enclosed. Peggy Osterfoss seconded the motion and the vote was 6-0 in favor. 5. A request for an exterior alteration in Commercial Core II for expansion of common office s ace at the Antlers Condominiums. Applicant: Antlers Condominium Association Rick Pylman explained that the applicant were requesting an addition 14' x 21' to create additional office space. He reviewed the Design Considerations for Lionshead and noted that the staff recommended approval, as any impacts were negligible. , v • � J.J. Collins moved and Diana Donovan seconded to approve the request per the staff inemo dated June 22, 1987. The vote was 6-0 in favor of the request. 6. A request to amend Section 17 26 075 of the Subdivision Regulations related to owner restrictions for the conversion of lod es to condominiums Applicants: Dave and Tim Garton Peter Patten explained the request. He stated that the applicants had-been meeting with the staff and the Town Council for several weeks and this was a compromise that had been reached. Although the staff still had concerns about the ordinance change, they felt the compromise still met the purpose of this section of the Subdivision Regulations. Jay Peterson, representing the applicants, stated that he felt the amendment was a good one. J.J. Collins asked about useage of unsold condominiums and was told unsold condominiums would have to be furnished and placed on the rental market. Peter suggested that there be definition of how long "unsold" was. Other compromises were discussed. Dave suggested that this be a"sunset" amendment, that is, that it be reviewed periodically to see how it was working. Peter recommended a two year review. Discussion followed concerning when to assume the units were unsold. Jim Viele felt the amendment was a step in the right direction. Peggy Osterfoss and Diana Donovan agreed. Pam stated that she felt it was long overdue, but that she had concerns about unsold condominiums having to be furnished. Peter pointed out that the "flip side" was that lodge rooms could be converted to condominiums and not be sold. J.J. moved to recommend approval to the Town Council of the proposal to amend the condominium conversion section per the staff inemo dated 6/22/87 with the following additions: l. 17.26.075 A.4 . Add "or more" to the second sentence. 2. 17.26.075 C. Change "unsold" to "if unsold 30 days after the date of the recording of the condominium map." Pam Hopkins seconded the motion and the vote was 6-0 in favor. 7. A request to amend Section 18 54 050 C 13 concernin the physical connection in the desi n of rimary/secondary and duplex residential units. Applicant: Town of Vail Rick Pylman explained that this amendment has been discussed a � � •,,�r lot between the Design Review Board and the Town Council. Peter suggested that the language be tried for a year and then reviewed to see if changes should be made. J.J. was concerned that all lots would become two dwelling lots. Pam spoke in favor of the amendment, suggesting it be a sunset amendment. Diana felt the wording should be more restrictive, perhaps something that would address visual impact. Peter suggested, "Duplex and primary/secondary structures are encouraged to be designed in such a manner that units are strongly connected. However, in the event of separate structures,....." Rick agreed with J.J. that the first sentence should perhaps be strongly in favor of one structure. J.J. felt that the Town Council had perpetuated the change by allowing the Design Review Board to approve two structures. In the audience, Mike Sanner stated that the important thing to be concerned about was the relationship of mass to the site. Diana felt that there needed to be some phrase concerning size and bulk to give the DRB an out. Peter suggested "However, if the relationship of mass of the building to the size of site is within an appropriate scale and a unified site plan for the entire lot is proposed, the DRB may consider the separation of structures...�� J.J. moved to recommend approval to the Council to amend the code to incorporate the revised wording as proposed by Peter. Diana seconded the motion and the vote was 6-0 in favor. TO: FROM: DATE: � �t�� ` J �, �- �,-�- `. f- r u?� � �� ` �� Planning and Environmental Commission Community Development Department June 22, 1987 fi. ✓ � Z. SUBJECT: A request to amend the Town of Vail Subdivision Regulations concerning condominium conversions in Section 17.26.075. Applicants: Mr. David Garton and Mr. Tim Garton I. THE REQUEST The applicants are requesting to amend the condominium conversion ordinance in the Subdivision Regulations concerning an owner's personal use of a converted condominium. The condominium conversion section addresses the conversion of a lodge to a condominium project. Attached to the memo are the existing condominium conversion regulations. Below is a list of the requested changes. Sections of the code that have been changed have been highlighted in capital letters. Section 17.26.075 A. 1. AN OWNER'S PERSONAL USE OF HIS OR HER UNIT SHALL BE RESTRICTED TO 28 DAYS DURING THE SEASONAL PERIOD OF DECEMBER 24TH TO JANUARY 1ST AND FEBRUARY 1ST TO MARCH 2OTH. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off of the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. The existing wording for this section states that owner's personal use shall be restricted to 14 days during the seasonal period of December 15th through April 15th and 14 days during June 15th through September 15th. Section 17.26.075 A. 4. (This is an entirely new section to be added to the condominium conversion regulations.) THE CONVERTED LODGE UNITS SHALL NOT BE USED AS PERMANENT RESIDENCES. A PERMANENT RESIDENCE IS DEFINED AS ANY USE OF THE CONDOMINIUM BY ONE PERSON LJ � FOR A CONTINUOUS PERIOD OF TIME GREATER THAN SIX MONTHS. Section 17.26.075 C. The converted condominium units shall remain available to the general tourist market. UNSOLD CONVERTED CONDOMINIUMS SHALL BE REQUIRED TO BE FURNISHED AND BE MADE AVAILABLE TO THE GENERAL TOURIST MARKET. This condition may be met by inclusion of the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. The applicants have provided the following reasons as to why the request is warranted: 1. We are unable to sell our Ramshorn Condominiums with the current use restriction, Municipal Code of the Town of Vail, 17.26.075. Basically, the use restriction does not fit the condominium useage pattern extant in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Ramshorn condominiums are not being utilized at all by visitors to Vail. The use restriction as it stands right now is unnecessary and intolerable; the rental obligation is both desirable and tolerable. We request that the use restriction be relaxed, not lifted. The rental obligation would continue in effect as is and unsold condominiums would be required to be furnished. 2. It appears to be accepted that condominiums in the core areas are desirable if: a. They are rented out when the owner is not using them. b. They are rented or lived in short term (not used as a primary residence) 3. It is very unlikely that anyone would live full time in a core area condominium because it is economically unfeasible. The Lift House Lodge has 45 studio condominiums. The units have sold at prices between $20,000 and $100,000. No owners have ever lived there. No one has ever rented long term through the winter. 43 of the 45 owners voluntarily rent short term. • II. BACKGROUND ON THE REQUEST . In June of 1984, the owners of the Ramshorn Lodge requested to convert the lodge into condominiums. This request was approved by the Planning Commission. Below is a table which explains the existing, proposed, and allowable statistics relating to the Ramshorn property. Accommodation units Dwelling units Total density Common lobby/lounge Total allowable Parking spaces # 28 3 17 2 13 33� EXISTING SQ FT 8,146 2,479 10,625 1,337 18,572 PROPOSED # SQ FT 17 6,266 7 5,903 15.5 12,169 2 1,038 2.5 6,403 over under 33 In March, the applicants began discussing the possibility of modifying the use restriction with the Town Council. They began working with the Council, as the present regulations state that the Council has the responsibility to review any requests to modify the conditions of lodge conversions to condominiums for specific pro'ects. After three work sessions, the Council determined that it would be more appropriate if the entire Condominium Conversion ordinance was amended as opposed to approving a specific request for the Ramshorn property. Their decision was based on the concern that it would be difficult to review future requests for amendments to specific condominium conversion agreements in a fair matter due to the fact that the existing Subdivision Regulations do not have any clear criteria for reviewing this type of request. The amendment to the ordinance will make the proposed revisions to the conversion regulations applicable to all properties and will not single out a specific project. The Town Attorney also recommended the amendment approach, as it was much more defensible legally to amend the ordinance across the board as opposed to making a decision for a specific project. The applicants have basically taken the Town Council's recommendations and incorporated them into the present request. • � III. BACKGROUND ON STAFF'S POSITION DURING THE TOWN COUNCIL REVIEW SESSIONS At the first Town Council work session on March 24th, the original request was to change the use restriction for the Ramshorn Condominiums from 2 weeks during during each of the winter and summer high seasons to 8 weeks. The applicants proposed that owners be obligated to put their units on the open rental market when the units were not being used. It was also proposed that unsold condominiums would be furnished and put into the rental pool. The staff's position was that a 4 week owner use restriction be used during each of the winter and summer high seasons along with the rental obligation and furnishing of unsold condominiums. The Council requested that the staff provide information on numbers of accommodation units and amenities associated with Vail Lodges. The Council's opinion was that perhaps it might be feasible to remove the use restriction for only small lodges. At the April 21st work session, the applicants presented a revised proposal which called for removing the owner use restriction entirely with the conditions that the units not be used as primary residences; units not being used by the owners would be placed in a short term rental program; and unsold units would be furnished and placed in a short term rental pool. This amendment would have applied to all lodge conversions. The staff position remained the same and allowed for 4 weeks for each of the winter and summer seasons. Also, it was recommended that the use restriction change be applied to all properties by going through the zoning amendment process. Staff also presented information on the number of accommodation units and amenities associated with lodges. 45% of the total number of lodges fell into the category of a small lodge (10 - 37 units). 180 of the total number of accommodation units are in small lodges (261 accommodation units out of 1,419 total units). In general, the Council felt that lifting the use restriction was reasonable as long as the units would be short termed when not used by the owner and that the owner would not use the unit as a primary residence. At the May 19th work session, the applicants had essentially the same request with the additional � � recommendation that the change to the use restriction be considered as a sunset amendment. As an example, the change in the ordinance could be reviewed in one to two years to determine if the amendment was still appropriate. The staff position was that the use restriction be adjusted to 4 weeks during the period of December 18th to March 20th and 4 weeks during the period of June 19th to September llth. A slight change in the high season period was made in order to free up an additional 4 unrestricted weeks in the winter and one additional week of unrestricted use in the summer. Our position was based on the following points: 1. Several policy planning documents have indicated that preserving the short term bed base is an important goal for our community. The adopted Land Use Plan states that: "3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best locations for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore, conversions to condominiums should be discouraged." Although the Vail Village Master Plan has not received final approval, the draft policy statements indicate the same concern for preserving the short term bed base. The draft document has received support at public meetings and several Town Council and Planning Commission review sessions: Goal No. 2. To foster a strong tourist industry and to promote year round economic health and viability for the Village and for the community as a whole. Objective 3. To increase the number of residential units throughout the Village area available for short-term overnight • accommodations. Policy: The development of accommodation units are strongly encouraged Any residential units that are developed above existing density levels shall be designed or managed in a manner that makes them available for short term rental. -5- � . 2. The existing conversion ordinance does make it somewhat difficult to convert lodge rooms to condominiums. Staff agrees with the applicant that the use patterns have changed in resort communities today as far a how long condominium owners wish to use their units. Some of this change is due to the fact that resort communities no longer have such a speculative market. Those people who buy condominiums tend to want to use them more frequently, as they are not buying them solely for investment purposes. Staff agrees with the applicants that some changes are reasonable to the existing use restriction. However, the staff would have preferred to adjust the use restriction by changing it to a 4 week use restriction in each of the summer and winter seasons. ff> fs, w A compromise was reached at� ��ineeting. The applicants agreed to the request as described in this memo which removed owner's use restriction during the summer and changed the winter restricted period to include Vail's 8 busiest weeks during which the owner could only use the unit 4 weeks out of this 8 week period. Staff felt that it was important to bring the Planning Commission up to date with all the series of discussions that have occurred related to the Gartons' request. This summary of Town Council discussions has been provided so that the PEC understands how the proposal developed. In the following review of the request, staff has decided to outline the Town Council's thinking on the request and how it compares to the criteria, rather than rehashing the staff position on the proposal. This is a reasonable approach to the memo, as the applicants have spent a great deal of time working out a solution with the Town Council which was the required method for arriving at a solution under the existing ordinance. At the very last meeting, it was decided that a zoning amendment would be the best process for handling the request. For this reason, staff feels that it is only fair to point out the Council's position in respect to each criteria. The staff has also had the opportunity to present our general position on the proposal in the background section of this memo. ✓ / — lo , ' . . IV. EVALUATION OF THE REQUEST Criteria No. 1. Suitability of existin zonin Condominium Conversions, 17.26.010 Purpose: The ordinance codified in this chapter has been adopted in accordance with the provision of the Local Government Land Use Contol Enabling Act of 1974, as found in C.R.S. 29-20-101, et. seq. as more paraticularly spelled out in C.R.S. 29-20-104 to regulate condominium conversions which may result in significant changes in the population of the Town and to control the impact thereof on the Town and the surrounding areas. The Town finds that the ordinance codified in this chapter is necessary for the protection of the public health, safety and welfare to accomplish the following purposes: A. To ensure the performance of maintenance responsibilities in converted condominiums, and to promote the public health, safety and welfare; B. To ensure that rental units being converted to condominiums meet reasonable physical standards as required by subdivision and building codes adopted by the town; C. To protect from unnecessary eviction the residents of rental units being converted to condomniniums, and to assist these residents in meeting their future housing needs; D. To preserve a reasonable balance in the owned versus rental housing mix and to maintain the supply of low to moderate income units available in the town; E. To monitor the supply of low to moderate income units so that the Town may take measures to avoid a worseni�g housing crisis. . < . � _.�__ .�^F'��,% .�.. .� � ��,-.., , � "_ . ; _-:� ,%�-c.c ��-C.-�-nc_!�. � �"` �'E>°,.-..Y.w'`'v�--�.�lr�!-S�� The Town Counci�'s;position is tna� �he purposes bf�the �ondominium conversion regulations will be uph�ld by this amendment . � � ,�� - . , � . ,< � � f � , , � �- - � � . . .. � .. _ � �..�.F*` ....,.7.� .-.�17,cG-.. .��.,.�. _. f! .. � ' - , . � . .. � l��r�yr�L. - . „ . f ` Criteria No. 2. Is the amendment preseritin a convenient, ( workable relationshi amon land uses, consistent with municipal ob�ectives? The Town Council felt that this proposal was a reasonable solution to creating a balance between the existing use restriction and to removing the use restriction entirely from the conversion ordinance. This proposal restricts the owners' use during Vail's busiest time during the ski `„ /1 �. . season, Christmas and February Council felt that the bed base peak use periods which was the original use restriction. �:�� i�.;t�'�t'.!i<�.:.J� '- L.a.d: : d�_'; "' .� : rt-' Crite�ia No 3. Does� th��re e growth of an orderl � through mid-March. The was protected during these primary concern of the � �:�-: < �; . a _ , ,� �i.i..� : r:' a� <�y�_ ��, �:��q- .%u-c_., t � J C!^�'.U`Ni�] � L✓ /YlLC!/Y�� ' sh �ix< -' �, �t.�'1�e zonin `ro osal ovide for �' viable communit The Council felt that this request provides for a viable community in that the bed base, which is very important to the tourist economy, is protected during the busiest times of the ski season. Their opinion was also that some additional flexibility is warranted given the very restrictive nature of the existing conversion ordinance regulating owners of converted condominiums. V. STAFF RECOMMENDATIONS � n Y" �y � n y�. - ��c-. �-%9 G��:� . �_�t �r_-: �z,�....�< <.-c.. w`�-- ��'�ie--staff' recommend��orr- i��e appro�t��his request. --1��tiioug�__th-�-s--.memn ma�t_--��pe�r_ .somewha�- txrrczsuaY__Z�_. �-�a.f�---i.s-�n.t-xna��g ��nents conc�.rning each of tha--�eu� �T�.�--� ^-�x��ia-,--_�t__}s'�€elt �hat the sta�-� did haire the "%.��/ - � ^---r�=��}�---�s--�a�ese�- _$�-�--pos i� ' --�i�e- ��ekgro��c�- . ._se��o�_s€..-t.�_.proposal. �-<--- A , -�� >� _. x_ .1 / � . ., / �a��i ` •: - ,w..,� � -,..�-y-�- .. �� . ..., ,�.,,�a.yfe...i�t ,��y . , . ��N ti�-.c� � � �- .E�r e�r-e- `�- -�,tic�"e-[. -- . � ,. � , The Council took a'great �eal of time to devel p a'``'"`��-��K�n - � reasonable solution to the request. Their opinion is that �'^��. the hotel bed base is protected during the Town's peak use periods which is really the original intent of the use restriction. In addition, the permanent residency limit and requirement that unsold condomimiums be furnished also helped to ensure that the units would be available for guests . -i�or - ti�ese �easons,_ _ s�aff __rec�enr�s--eg��Q�a}--e�f---- ��e--��t�n.d�g�-. t � Sections: -30- � � CHAPTER 17.26 CONDOMINIUM CONVERSIONS 17.26,010 Purpose 17.26.020 Definitions 17.26.030 Preliminary map 17.�6.040 Final map 17.26.050 Review procedure 17.26.060 Conversion to condominiuri�s 17.26.070 Additional requirements--Condominium conversions 17.26.075 Condominium conversion 17.26.080 Action on preliminary map 17.26.090 Preliminary public report 17.26.100 Final map 17.26.110 Final rnap approval 17.26.i20 Subdivision public report 17.26.130 Improvmement security - 17.26.135 Exemptions � 17.26.140 Applicability 17.26.010 Purpose Tlte ordiiiance codifiecl in tfiis cttapter h:is been adopted in accordance wiih the provision of the Local Government Land Use Control f:nablir�:; Act of 1974, as four,ci in C.R.S. 29-20-101, et. seq. as more �par�ticlilai-ly spelleci out in C.R.S. 29-20-104 to rc��ulate condominium converSions �h�ich may result I11 SI�111I11'<lilt chan��es in the population o1� ti�c town and to control ilie iinJ�act thercof on tlie town and the surroundin� areas. Tlie to�vn fiiids tliat th� ordinance �odifi�.;ci in this chapt�r is necessary for the protection of tli� public healtli, safety and welfare to accomplisli the follo�vin� purposcs: A. To eiisure tl�e perfurmance of m:iintenanc� responsibilitics in cot�verted CO111�O1111111Uf11S� and to promote tlie ��ublic health, safety anci ��clfarc; B. To ensure th�t rent�,] units bciii�, c;oi��•crted to condo�t�iilituns meet reaso�lahir pllysicul standai�cls � s required by subdi��ision anQ bllll�!]1^ co�es ncluptcc] by t}te � tUWri; C. To prolect front unnecess:�ry eviction the resic]ents of i� r�ntal u►�its bcing convcrted to coi�cloininiun�s, ancl to � 8SS1Si t�1CS� 1'CSI�IiiIIS 111 ]IlCtilllo tlieir futur� I►ousing nc�ds; � . � -31- � D. To preserve a reasonahle balancc in the owne�l versus rental hot�si�lg mix and to maint:ii�l tite suP}?1}� oi lotv ta modcrate 117COlile UI11tS ��vailat�l� I11 t�iC tU�Vll; I:. To monitor the supply of low to moclerate i��come units so that t}�e town may t�l:e mcasures to a�•oi�l a worse�li��g housing crisis. (Ord. 28(1970) � 1 (part).) . 17.26.020 Definitions The follo�vin� definitions shall apply to the intierpretation of this chapter: A. "Bylaws," as used in this chapter, shall refer to the byla�vs of tl�e unit o�vrlers' associ��tion or corporatiotl. ' B. "COIIlI11lllllty a��art?ziciit" means a devel0�)IllCllt in w}ucli there 1s 8Il U11llIVldt°Cl �nterest �n tl�e laucl cou}�lec! with the right of exclusive occupa�icy of an apartment loeateci ttierein. Coiilmunity apartments shall be subjcct to the sa�rie restrictioiis �n�i conditio�is set f�rt}t in tlus chapter for COIIC�OIlllilllllll LInItS. C. "COTl(i0I1111:11117� conversion" means tlie develo�ment or use of the lanct and existing structures as a condominium � project regarclless of tlie present or ��rior use of stictl l�nds � and structures, and regardless of whether substantial improvenzents have been made to such structures. D, "Condon:inium unit" means an individual air space unit together wit}i t}te iilterest in t�ie common eleme�its appurtenant to such unit. E. A"declaration" is an instrument recorded pursuant to the statutes of the statc and which defines the cliaractcr, dura- tion, ri;;hts, Ub1l�1i1011S, and lin�itlti011S of conclominitnn ownersttip. Tlie declaratio►i sli<ill inc'.ude all restrictioris, limita:io�is ancl speciiications which may be required by the plaiining and environine�ltal coinmissio�i or towti cot�ncil, includii�,� provisions relative to ti��e-sliarin� estates, lic�nscs or fractic�na[ f�es;acicl tlie procrdurc fOi 1111CI1CjR1CIltS O� i�1C declaration ��hi:h rec�i�ires aE�pro�al of� tlie towii. F. An "indi��iclual air space unit" coi�sists of any encle�sed I00111 Ol' I'OOl11S OCCIIj�}illl� all or part of a t7oor or Ilooi�s of a buildin;; of onc or tnorc floors to hc uscd for residc'.I1Ct:�1, professi<�nal, con�mercial or industrial purl�oses, whicli l�:is access to a �ul�lic strect. G. `'Mocler:ite incouic" shall be as d�°C1I1Cl� CfOTII tiin� to tin�e by thc cauncil. '� (Ord. 24(1950) � 1; Or�i. 2S(1978) � 1(l�urt}.) '-� -32- � � � 17.26.030 Preliminary map All prc��os::cl COIlC�011llllillil7 conversion projects shall submit the preliminary m:iE�, coilt,iiiiin�; thc i»fonuation and requirei�ients specified iil C'i�a��ter 17.16 as il�ay bc a��l�licable to the pro, osccl condoniiniu�i� i�roject. lil adclilion to ll:at informatioii, t}ic preliminary ��l.tp for thc concic�minium conversion project Shall 1nClude: A. A map sho��-in� all common areas and iisa�cs of tlie builclin� and grounds, an�l plans for the int�rior ciivision of thc builcling sho��ing }lorizontal atid vertical boundaries of all units: • B. A copy of ttic declaration applicablc to tlie condominitim projcct; C. A copy of the bylaws. The bylaws shall contain the infonnation recluired by the Con�om�nium Ownershin Act of t}ie Sta:c of Colorado. All condo�r.iilium projects sliall comply ��iit}; ±his requircment. (Ord. 28(1975) � 1 (part).) 17,��i�.040 Fi�i�l map. The final m�E� ior tfte cor.doiT�inium conversion project Shdll COntdln all information r�quired by Chal�ter 17.16 as the same may be applicable to tlie condomiriiunl project. In additioii, if tliere are any restricti�e coven�znts, conditic�ns or restrictions otticr � tha11 specified in tlle declaration, t}iey shall l�e filed � concurrently with the final ma��. (Orcl. 2�(1978) § 1(part).) 1726•.OSO Review procedure. T}ie revic�v procedure for eondominiurri conversions shall be in nccorda�ice witli tlie procedures for subdivisions as specified in this title. (Orci. 28(1978) § 1 (P�ri).) 1725.060 Requirements- Condominium conversions The apl�lic<li�t pr��osin�� tu n�al:�• :� �oiiiioil:ll7lll111 Cnil��crsioii sl�all provi�l�• tli: f�OI�UW111c Jorumr�ita[ivti �vitli thc prcliii�inai-)� map: � A. A con�ioininitlin com�crsi�n rcport fr��ni thc town l�uil�lin�, insE�r.ctor on tlie conclitic�n ot th� buildin��, listin;t ;�il bt�ilclin;� cc��l� �•iolations, firr �•cxir ��iulations ;it��l rrlat�•�l violalic�ns ��I�i�lt ;irc drlritn�:nta! �<� lh�� liealtlt, s:it�:�t�� ;incl w�ifarc ut tl;: E+ul�lic, lh� c��n�rs. ;u��l thc oc�u��ants ut� �1�� btiil�in�;. l�l�� :iE�Plic.iitt sli:ill l�:iv� .��-:iilabl� ancl sli:ill �,ruri�li. co{�ics �f tl�is rr��ort to all ��ro�,��rti�•c purcl�n��:r, c�f CORCIOI111Il1Ulli units or ii�tennst iii tli�� conc(c�minium Prc�jc�rf; � � 0 � . � �r -33- � B. A report of thc proposed convcrsion, includin� the follow- ing information: rescnt tcnants, 1. Length of occupancy of p 2. Tlie houscl�ol�l compositioi� of Prescnt tenants, 3. Current renlal ratcs; �ytietlier rciits iiiclude or exclucle utilitics; datc and the amouni of last rental increase, 4, A sununsry of thc pro��sed owncrship of the units, if the units will be sold ;:� timc-share or interval o�vt►cr- ships; the approximate proposed sale Pric{�le aunl�cant� financing arrai��ements to be pro�ideci by PP C. Plans and descriptions �showing ho�v the following will be gerformed: 1. All site �vork shall be broubht up to current town standards unless a variance therefrom is granted to th� applicant Uy the town council in accordance witl� the variance proc�dures of tlus Title 17. Tlie town council may, if it decros necessary, require additional par�:ing • facilities to meet requireiiicnts of owners and �uests of the condominium units, 2. Correctioiis of violations cited in the condominittm � conversion report by the building inspector, 3, Condominiuiii projects shall mcct current Uniform Buildin� Code re��uiremcnts for lieat and fire detection devices ancl sti�stems. 0 -- ;' � ■ -�..• I -34- . ,,,` ,,,r,,, 17.26,075 Condominium Conversion Any applicant seeking to convert any accommodation unit within the town shall l� � comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. p, 'I'he requ�r��tnents ancl i•estrictic�n:; i�c�i•ein cc�nLa�nc��l :�tiall be included in the condominium declaration.for th� project, and �iled or record w�ith the Eagle County clerk and recorder. The condominium units created shall rernain in the short term rental market to bc used as temporary accommodations.available to the general public. -� r. 1. An owner's personal use of his unit shall be restricted to fourteen days during the seasonal periods of December 15th throu�h April 15th and fourteen days during June 15th through September 15th. This seasonal period is hereinafter ref erred f to as "high season." "Owner's persoiial use" shall be defined �� as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein f or any reason other than necessary repairs which cannot be postponed or ��hich make the unit unrentable. OccuPancy of a unit by a lodge manager or staff employed by the lodge, ho�4ever, shall not be restricted by this section. 2. A violation o� the o�ti�ner's use restriction by a unit owner shall subject the owner to a d�ily assessii�ent rate by the condominium association of three times a rate corisidered to be a reasonable daily rental i•ate for�the unit at the time of the violation, which assessment �vhen paid shall bc deposited in the �eneral funds of the condominium association •Tor usc in up�rading anci repairing t1�e common clemeiits of the conciominiums . All sums C / � � � � -35- assessed against the owner for violation of the owner's persanal use restriction and unpaid shall constitute a lien for the bene- fi.t of the condominium association on that owner's unit, which lien st�all be evidenced b�- written natice placed of record in the office of the cicrk and recorder of Eagle Count3�, Colorado, ar�d which may be collected by foreclosure, 'on an owner's condo- minium unit Uy the association in like manner as a mortgage or deed of trust on real property, The condominium association's failure to eniorce the owner's personal use restriction shall give the to�vn the ribht to enforce tt�e restriction by the assessment and the lien provided for liereunder. If the town enforces tiie restriction, the totvn s}�zll receive the funds 3. collected as a result of sucli enforcemcut,. In the ev�•nL litigation results from ttie enforcernerit c�f the restriction, as part of its reward to the prevailing party, the cotii•t shall a�vard such party its court costs togetlier with reasonable attorneS�'s fees incurred. The .Town shall have the ri�fit to require from the cor.do- minium ,association an annual report of o�vnei•'s personal use during the high seasons for all converted condominium units. B. Any lodge located within the Town which has converted accomo- dation units to condominiums shall coritinue to provide customary lodge �acilities and�services includitig a customary marketi;ng program. ,I .I � � � � � • _.�.::�'�,..._ - - -36- C. The converted condominium uni.ts shall remain a��zilable to the general tourist market. This condition may be met by inclusion of the units of the condominium project, at comParable rates, in any local reservation system for the rental of lodge or condominium units in the Town. D. The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date of the application shall remain as employee units for such duration as may Ue required by the Planning and Environmental Commission or the Town Council. F. Applicability: All conditions set forth within Lhis section shall be made Uindiiig on the applicant, the applicant's successors, �heirs, perso.nal representatives a�id assigns ar,�l s;iall govern the property which is the subject of the a�plication for the li�e of the survivor of the present Town Cotincil plus tcvetity-one years. C�>iiver- sion of accommoda,tion units locat�:d �vithin a lod�e pursuant to this � section, shall be modified on1S� by the written a�;reecnent of the Town Council anci ttie owner ox• owners oi Lhe units whicli have been converted into condominiums. The documents creatinb and governing any lccommo- dztion unit �vhicti has been converted into a condominium shall be modified by the owners o� such units only with Lhe prior writt�n APproval. oi' the Town Council. • ,. s o _3� G. Procedure: The conversion of. an accommodation unit in an existing Iodge shall be accomplished pursuant to the subdivisian review pr.ocess. The applicant shall provide the following documentation to the Town at the time of the application to convert acconunodation units located in a lodge to condominium units: - . .. 1. Proof of ownership; 2. Site inventorS� for the property indicating in detail the actual location of any amenities ser��ing the lodge; 3. Affidavit of s«�rvices provided as is called ior in sub- paragraph 2�above, ! 4. Designation and description o� all emploS�ce units, � . _ . 5. Plan of improvements to Ue made to the property along with � � estimated costs therefor. (Ord 28, 1982) 17.26.080 Action on preliminary map A.. At the hearing on the preliminary map, the planning commission shall consider whether the proposed conversion is consistent with the following housing goals of the town: 1. To encourage continuation of social and economic diversity i�� the town through a variety of housing types; 2. To expand the supply of decent housing for low and moderate income families, 3. To achieve greater economic balance for the town by increasing the number of jobs and the supply of housing for oeople who will hold them. ; :� � � � � � � -38- B. The comtnis�ion may require tliat a rcasonable percenta�;e of the con•; �rtr:J units be reservccl for s31e or rental to persons of mud��r�te income. C. The� plannin� commission may deny tlic tentative or pro- liminary niap upon fiii�i!Ig tl�at: 1. Based on thc informution rcquirccl by l%.26.070 and on the vacancy rate for rental housi>>g, tenailts ��ill h��•c substcznti,..�l difficulty� in obtainin� comparably priced rental liousin�,_ A rental vacancy ratc below five perrent based on the most recent town si�rvey CO11StItUit S a housii��; cn;ergcncy situatioii. 2. The ratio of multipl::-famil}� rc�,t::l units woui�i be reduce.l to less than twenty-i�i�e ��rcent of tlie tot<1 number of d�vellin� iinits in tlie C;ore Valley, Croi�i Do�vel J�:nctio» east to tlie bas� of Vail Pass, �vitli tlo replacemrnt rental liousing bein�t ��i-o��ided. (Ord. 27(197� j � I (part).) 17.2G.090 Yrelimi»ar}� pul�lic rcport. � A. .I�To 1: ter ttian fi��e c';.iys after the filin�� f an application for conversion, the a;��licant shk+l: no:if�v tl�� tenants of the proposeci conc:oniini►:;,� con��ersion an�I r;;�ort to the planning comir.issiun at its public 'icarin_�, t;�c approximate nuniber of tenants �icsiring to convert to cundominium � o�vnership. B. Existii�g tenants St11II Ue notifiecl of the proposed sale price. Each tenant shall h::�'e a nin:,ty-day non�s>i�nable option to purcltas� their unit at . tliis prel;:ninary market value. 1'hc prcliil�in.icy n�ark:ct valu� tfi�ll be a fair market v•�,tie for thc unit, and if tl�c E�lat;��in�� commission det�nnincs that the prclii�iinary markct value was too high, the s�piica- t10J1 iTl�l)� be d��lied. (Ord. 27(197fi j � 1 (part).) • 17.26.100 Finz111:�p. The final map to he filed b}� tlie a,�E�licant sliall contain tlte inforili,itioi� rrqtiired by Sectic�n 17.1(i. ] 30 relatin�, to sub�li��isioiis as tlic sctmc ma�� bc ap��li�ahlc to the condominium jn�ojcct. In a�l�lition to that inCor�l�a�ioil, thc a1�E�licant shall obtain tlie folio��•in�; certilication to be file�l �vitli tl�e fina( ma[�: [Zccci��t uf a c�n�lon�i�iiuni rci�ort from tlle builclin�� insE�cctor of thr town st:itin�; ll�at COIlCI0111!]11U1ll S�I'iiCtUl'C ;�n�1 units arc iii confc�nnancc witl� tlie tu��n huil�lin�, cocles, lire codrs ttnd otltcr rclatcd coclrs a�io}�tccl by tltr to�vn or tLc Vail Firc }�mlcctic�n cii;tricl, or tl�:it .i�,r��•n�cnts li�vc b��ii eiitcrc�l into ��itli tl�c to�:-n or V:�il lirc E�rc,trrti�n cli�trict conccrning said strlicturc an�l units. (Orcl. 2�(1�)7�) > � l��:irt).) � 17. 2u.1 10 l�intil iii:�;� :i�,��r�iv:il. '� Nc� lin:il ur �,:irti:il tn;iE� sl�:ill I,� ;i�,�>>�� uiilil tlic ccrtific::�- • tion rcc�uir�•�I in Sr�:ti�n i� 26.10� i, oht:�inr�l. (()r�1. �'7(1975) � 1 (I�:ut).) � � � 1 \ . . S � -39- 17.26•1?0 SulxJivision pul�lic rcport. A. ; hc sub�livision puhlic report s(�all stctle that salcs are subjcct to occupancy by tl�e cxisti»� tcnant for ninrty day� from the datc of issuancc c�f saici rcport. Witliin fivc days of issuance of the subdivisioi� �»_►blic report, lhe ap��lica�tt slt�ll notify tiie tr�iants of thr fullowing: 1. Tlic ct�ilc oi� issuancc oF tlic r�}�ort; 2. Thc rin�� f occui»ncy sprrifird above; 3. That no repair or remoclellin� will benin until at Icast t}iirty clays after tl�e clate of tlie issuance of tllc subdivision public report, or thc ilatc of notification, whichever is later. � B. Copics of said noticcs shall be filed with the department of community cieve(op�i�ent at the time tlie noiice is given to thc tcnants. In tlle casr of a com�ersion ��roject consistin� of four parcels or less, the applicant sE�all mcet this require- mcnt witliin I�ive clays of the approval of the final map. (Ord. 27(1978) � 1 (part).) . 17.251�0 Improvett�ent security. A. Tlie �JI3RLllllD COI11i711SS1011 aIl(� t�1C tOWll l:Ot117C1I 171a}� ICCjUII'� a security to be postcd by the applicant which shall consist of one or rnore arran�;e;l:ents �vlticti ttie cot�ricil shall acce,�t to secure tlie achi�il cost of construction of sucti public improvemeiits as are requireci by tlie orc�in;:nces of the tO�Jll. �I tl� improven�ent •ecurity may i�lrltide any one or a combination of the t}� pes of security or collateral listecl in this �ara�raph, and thc applicant may sub;titute security in ordcr to release portions of the condominium project for sale. The types of c�llaTeral which may be used as security are as follows: l. Restrictions on the conveyance, sale or transfer of any unit within the condominiwi� prujcct <is set forth on the final map; 2. PeIfOI'[Il'1IlCl; of prol�crty bond; 3. Private or public escro�v agreem;:nt; 4. Loan commitment; S. Assigiiments of rec�ivables; 6. Liens on ��ro��erty; 7. Letters of crcclit; 8. Ueposits of s�curity funds; or otlier similar surcty agreem� nts. }3. Serurity othcr thcu� {�I�t restrirtions, rrytiire�l under tl�e iin��rot�cmcnt s�rurity, ;ii:ill �cli�al i» ��:ilu�� tli� cc�st of tl�e in�pro�'rment, t�� he rc��uF�l�te�l but �liall n��t hr reiluim�l oti thc porti�n of tl�r �on�lomini��n� ��r�j�•rt sul�j��t to E�l:it rrstrirtic�ns. 'f!�r coun�il shall nc�t rc•��uir� s��urity ��ith c�ll:it�r,�! arra��•ni�nts in ezrrss ut� Ilu :�rtual �ost ol coi�slrurtic�n ul tl�� in�{�r��cnirnts. I lir :inic>unt c�f sccurity . � ' ' ' ""i1r. �...� � 0 � � . 0 ; i � -40- ' i»ay bc 111C��(11Clltally rcducec] as subdivision or condo- , minium iir.��rovements are com��lc!ecl. (Orcl. 28(197�5 ) ; 1 (fiart)•) .. 17, 26.135 Excmptions. The tenns ot� tliis cha�ter shall i�ot appiy to developments or structures ol' two units. (Orcl. Z8( I 978) � 1(part).) 17.26,140 Ap��licability. - Tlie terms of this chapter shall be applicable to coi�clo- minium projects that are commenced or converted after tlie effective date of the ordinance codified in this chapter. (Ord. 28(1973) § 1 (part).) . . . _ . . :� . - , � � 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 June 22, 1987 at 3:00 PM in the Town of Vail Municipal Building. Consideration of: 1. A request for a density variance and a side setback variance to enclose decks on Lot 27, Vail Village Filing #2. Applicant: Albert D. Weiss 2. A request for a setback variance in order to relocate a pool building at the Ramshorn Condominiums on Lot A, Block 3, Vail Village 5th Filing. Applicant: Ramshorn Partnership 3. A request to amend Section 17.26.075 of the Subdivision Regulations related to owner restriction for the conversion of lodges to condominiums. Applicant: Town of Vail � � 4. A request for an exterior alteration in Commercial Core II for expansion of common office space at the Antlers Condominiums located at lot 3, block l, Vail Lionshead 3rd Filing. Applicant: Antler's Condominium Association 5. A request to amend Section 18.54.050 C.13 concerning the physical connection in the design of primary/secondary and duplex residential units. Applicant: Town of Vail The applications and information about the proposals are available in the zoning administrator's office during regular office hours for public inspection. TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT THOMAS A. 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R� �.� .,� •. �� .• ��, . g �l ' � � r � y '� i Date of Application � . � APPLICATION FORM FOR SPECIAL DEVELOPMENT DISTRICT DEVELOPi•IENT PLAN June 15, 1987 I. This procedure is required for any project that would �o t'��•=�h the Special Development District Procedure. The application will not be accepted until all information is submitted. A. NAME OF APPLICANT Ramshorn Partnership ADDRESS 41G Vai 1 Val l ey Dri ve PHONE 476-5075 B. NAME OF APPLICANT' S REPRESENTATIVE Morter Archi tects ADDRESS 143 E Meadow Drive, Suite 300 PHONE 476-5105 C. AUTHORIZ IQN OF PROPE OWNER SIGNATURE 6��,/"�'� . (�l, l� � " �l'Vl� , ��1�'`1at�i.�JL�I ADDRESS 416 Vai 1 Val l ey Dri ve � PHONE �76-5075 (See attached contracts and consent letters for other owners.) D. LOCATION OF PROPOSAL ADDRESS 416 Vai 1 Val l ey Dri ve LEGAL DESCRIPTION Lot a, Block 3, Vail Village 5th, Tract F-1, and Parcel RH � / � � l , E. FEE $100.00 PAID X � �-',Tc"m3' /LJ'��i r ��"'�� J ;� ; [;/� s � .��; % G �� ' . . F. A List of the name of owners of all property adjacent to the Subject property and their t�ailing addresses. II. Four (4) copies of the following information: A. Detailed written/graphic description of proposal. ,�//� g, An environmental impact report shall.be submitted to the zoning /�/�-� administrator in accordance with Chapter 18.56 hereof unless waived �� by Section 18.56.030, exempt projects; �� An open space and recreational plun suffi��2nt to meet the demands generated by the development without undue burden on available or proposed public facilities; (OVER) ., ' � � � , III. Application form Special Development District Development Plan D, Existing contours having contour intervals of not more than five feet if the average slope of the site is twenty percent or less, or with contour intervals of not more than ten feet if t�ie average slope of the site is greater than twenty percent. E. A proposed site plan, at a scale not smaller than one inch equals fifty feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facili- ties, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas with proposed contours after grading and site development; F. A preliminary landscape plan, at a scale not smaller than one inch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features and other elements; G. Preliminary building elevations, sections, and floor plans, at � a scale not smaller than one-eighth equals one foot, in sufficient detail to determine floor area, gross residential floor area, interio� circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. � Time Requirements Th�._Planning and Environmental Comm2�ssion meets on the 2nd and 4�h Mondays of each month. An application with the necessary accc�panying material must be submitted four weeks prior to the date of the meeting NOTE: It is recommended that before a special develepment district application is submitted, a review and comment meeting should be set up with t}ie Department of Community Development. . � r �s- or� a POST OFFICE BOX 705 VAIL, COLORADO 81658 PHONE (303) 476-5075 TO: Jay Peterson FROM: Dcvid Garton � RE: 1987 F�arkinq Study at Ftams-Horn Lodqe Condominiums DAT�: •June 15, 1987 We undertook a parking study at The Rams-Horn Lodqe Condominiums during January. February and March of 1987. On a daily basis, wA identiried cars in the parking lot as to whether the cars were owned by Rams-Horn management, parking space sublesees or owners/renters ot the three Rams-Horn Condominiums that had been sold. Regarding the cars belonging to people using the sold units, we found the following: 71 cars in 1�s6 condominium/days 4 cars were found on one day during tl�e study 3 cars were round on nine days durinq the studv 2 cars were found on twelve days during the study Either one or zero cars were found on all the other days or the study '1'hese results shaw we had an averaqe of .38 cars per condominium per day. 'I'hE most cars we ever had were tour cars tor the three existing condominiums or a maximum of 1.33 cars per day per con�xominium. , ..�__._.�,_� .dt. �i�,��.,t��,�i � t , , , MORTER , ,! '� ; y � . � � . June 15, 1987 Application For Special Development District Rams-Horn Lodge 416 Vail Valley Drive Addendum To Application The purpose of this application is to construct a third floor addition to the existing Ramshorn Condominium Lodge project. The addition consists of two 3-bedroom units and one two-bedroom unit, (as further set forth in the attached plans and specifications). Three of the bedrooms (with se- � parate access to the hallway) will be restricted pursuant to the Condominium Conversion Ordinance. Because of the definition of Lodge in 18.04.210 whereby more than 500 of the GRFA must be devoted to accommodation units it becomes necessary to classify the property as a Special Development District rather than a straight Public Accommodations Zone. The site consists of a total of .6708 acres (exclusive of Parcel R-H which is a portion of P-2) which would allow 23,376 square feet of GRFA and 16.77 units. Currently 13,123 square feet of GRFA is on site with approximately 5,055 square feet of GRFA being added. The additional square footage, however, would be in dwel- ling units and therefore the definition of a Lodge would not be met. Regarding the number of units, the project currently con- sists of 17 condominium units because of the past need to conform to 18.04.210. The project, however, is only sel- ling eleven suites as set forth below: Suite No. Condominium No. 1 1 2 2,3 3 4,5 4 6 5 7 6 8 7 9,10 8 11 9 12,13 10 14,15 11 16,17 � _- � .. 1VIORTERArt�_cl -i I-i��-1--5 June 15, 1987 Application For Special Development District Rams-Horn Lodge 416 Vail Valley Drive Addendum To Application Page -2- With three additional units we would have fourteen total units for sale under the new Special Development District. For parking, there currently exists 33 spaces on site which ' allows 2.36 cars per unit. (See also the project parking study as attached for actual usage.� The applicant proposes to upgrade existing outdoor recre- ational facilities by relocating and reconstructing the pool equipment building, and by constructing a twelve per- son whirlpool tub. A Profess�unal Ca poi ati�;n � . � ;.� r, i r t�.a i� ., � i:,�, r c7sat��+�, . v.,d �.t�.�r�UOdlE,i,,' ,. � 47ii-61�i� MORTER;r�I t�:l i I i I<_. I`� June 15, 1987 Application For Special Development District Rams-Horn Lodge 416 Vail Valley Drive Adjacent Property Owners Garden Of The Gods Club A.G. Hill � 2500 lst National Bank Building Dallas, Texas 75202 Tivoli Lodge Robert Lazier 360 Hanson Ranch Road Vail, Colorado 81657 Vail Trails Chalet Association Sharon Himsel 415 Sunnyside Lane Boulder, Colorado 80302 Vail Trails East Condominium Association Charles Cowperthwaite 303 East 17th Avenue, Suite 1000 Denver, Colorado 80203 All Seasons Condominium Association Art Kittay 434 Gore Creek Drive Vail, Colorado 81657 Vail Associates, P.O. Box 7 Vail, Colorado Inc. : . : , 4 The pri�ted Portioo� of tAi� forn �DDro�ed br tAe I Colondo Red E�t�ts Commb�ion (SC 7B�8-BI I TNIS IS � Rill IMST�UYEMT. 11 XO1 UMOGSI000, lf Wl, i�1I0� OiXE� COUMSEt fN0Ul0 �E CONSULfED �EfOtE SIGMIMC. - - --- --- ------�� (RESIDENTIAL CONDOMINIUM)` I j CONTRACT TO BUY AND SELL REAL ESTATE �� (Seller's Remedy Limited to Liquidated Damages) � A�ril 28 .1e 87 i 1. TheundeniQned�Qen�hcreby�ckno�vledauh�vinareeeirrd(romNOl7ildil D. and Helen_Miller Kur[z i 60 000 a check -- the�umof{__� —,inthefurmof _ —,�onen�ianYChristopher, Denton, and Sheahan_Real_Estate_Cr lup Druker, in Lro4er'� e�cror or lru�tee •ccount, u e�rnest money •nd p�rt p�ymenl for the fullowinQ de�criGed re�l e�t�tr in Town of Vail Eagle ' the _--______.-- CountY of _—_ __ _ Col do. to t: i I i• C-7 „ .ia �4 Rams�iorn �.odge Condominiums according to the Map and` Aeclaration recorded in the Clerk and' Recorders off, Eagle County, Coloiado: urordine to the N�p or Pi�t • d Ded�ntion thereo! recorded in uiJ coun[y recorda, toQether ��th thr - tereate, e b, riQhte d Eenrbb ' � appurten�nttolheownershipofw<hUnit�ndtu¢etherwith�Il�DDUrtenantimyrovemenb�ndfi rrno r nC r i h�reinofter Suite �i`�', �i% �aii°�a�'Iej% CPrive, ( provided, in their pre�ent condition, ordin�ry wear and teare>cepted, 4nown �s No. I Vail Colorado 81657 o a. ��r� u•a�n.e.oPr«r. i (Strert Addreas. Ciry. Zipl Norman D. a�--HZe n mi��e r�Cur`t z Y. Su4Jeettot�eprovi�ionwfp�ro¢rophl7,lheunJeniQnrdyersonlel. --___--.-- —_--- ______ asio��iu�.��6;i9RS.K.J6?CS�7�nr�r��onr.�.uraN�«n..e., i' hereby �aree(sl to 6uy the Property, �nd the undeniQneJ ownrr(e), hereinoftar <�Iled Sellrr, hereby ugrceU) [o erll the Property upon the term. �nJ I I tondieiona �t�ted herein. i 9. The pureAue price �h�0 L<U.S. { 655 , 000. OQoy.,eir .� rouow.: s 60 , 000 . 00 herrby receiptnd for; the remaining sum of $595,000.00 plus customary closing costs and other costs II as sPecified by the contract, payable in cash or certified funds (or by funds � immediately available by wire transfer) at the time of closing. � !! �. Price to include eny of the followinQ ilem� currentq• in wid Unit: IiRhtinR. heoting, plumbin¢, vnntilrting, and centr�l air condiGuninQ fixturrr, '� attaehrd T\' antrnnas and�or w�ler coftener (i! oaned by Sellerl: winduw and poreh aF�ades..•enelian 6hnda, �iorm windowa. sa�rm d��urs, scrrrns. � curt�m ruds, drapery rods, ottached mirron, Iinolrum, flom iile. • �nea, l�rrpl�ce acrer ,Ar�te. Cuilt�in tet n ��o�w�ll �'. ��r��g all appliances currently on the�premases inc�u�ing a was�ei� �if'd"dY'yL1�. � � — ---- — - --- -- - -- II � . _— ...._ _--_—_ . _. __- _ i . YII � I in thrtr present condition, con��q•eJ frre �nd ele�r of all t.xea. Geny ond eneumErancr• e crpt os pruridcd in por��{ryph 11. Price uh�ll �lao nelude use � or�nemuo»��epa.��er.�wu•�.�: on site narkin as se� for _�}1g._p�1�a_�io� apd �c��ding � to�aragraph T in the Addendum to Con�r��t � •ndthelollov.�ing�wn¢efacilitylal: . he �in�Gxeure� iofypermanentn�turewithinuidUnit�reexdudndfromthiaule: — --------- � _ _ .Petaonrlproperty i. documents ynd furnich �ll m or Ulred by the 1¢nder, and IC)p�y the roslemyry Custt of uLta�nm�[ auc� Iuyn.'l l�en il sueh lunn � is not approvrd on or belore _. 19_, or iteo approvrd but is mt ov�ile�lr �t time of clusing. nd I _ —_ n tnna(er fee not lu rxcred f end (2) an imrresl rrtr not to rireed ____. -_. prr e n i. If �he lo.n lu Le �� •s�umrd hat. pw�ixlons fur a shyred rquity ur rariaGle intereet ntea ��r rnnoLk pyymant• i i..ondid��rd upun ihruPurch.ser revirwinr and ronsentinR �o aurh yri�riei�na w�- 4ya �(Irf recelpl u( � cuyy uI the luan documrnlx Conttli�iinK auch prurieiuna. 1( lhr lendrr's conarnt ;� lo o loPn assum �� . �e conlr�at icrayresalc conditioned upun obtoinin� su<h <unsrnt withuut ehanEr in the terms �nd cundnions uf s�arh ��, 1 i' ' ' II . . . . „ _ li I 8.?(�pj�gq��pj{�}[?(q�y�xj�[p{�}�.){�f{q¢xg(�}p�(g[ � eurrent commitmsnt ur tiUe inrurance V��> �•n amount equ.l lu the purch�sr �- }� }� �� ip � j�(yt�{�yyp�[�a�qy(gbx�{,9pp�Tu��t� dtoPurch��nrunXBCiYOQdiXXXXXx�rxxxxxxxxxx�yyygp�(XMBFMYrX�Ydf�@CY�d � A7QK0(lC�GPFX4MDILWQCnL� Seller wll deliver the title in�ur�nce Volicy to Furchasrr aftn cloeinr ond pu�� the p�enuum therrun. �' 10. The d�te of IosinR ehdl te the d• for driivery dend �a pro�id d i p �nph 11. The hour �nd pl�ce u(dosin¢ �hdl be u deaienated by __ I' mutuaf agreement between°�uyer an� �°eiler _ ( I 11. TiUe �h�ll te merchantaLle in Seller, escept oa stotrd in thi� peroQr�ph �nd in p�r�aryph 1'L. S' Ljnct lu DU'ment or tender u�Guve uvided genera�l� •ndcompli�necGyPureh�serr�uhU�e...i.. � �.� .�dorurluon>hereuf,Sellerslullexecutr�nddelir ��uod�ndwlfi<irnt_--___—_ �I r��rnnt>�drndwPurch�serun—_ �,Ma 29 87 f[reemrnt,�tonrarlirrd�te.conve•in thePro t�frreond � i �_____, IB___, r, 6y nmtu�l • � K per > � Ir�rufo111oses,exrepltheR«na•ralt�sesfurthe)'erruf��lusinr,onArxrc T�nne '� n`�,a a`e��me�:��r:�:�e°,'��.i�mP.�,r��r��.��.��ura.��ru�.•a.ir�iai'3�iL c osin�"7�GIGX.,.nru,r.,,�nr.,ra�,��:r�,..��fe��T�ii I o none s ; the date of proration shall be May 10, 1987. eaeeptrecorded�ndiorapp re te�sementsfortelephone,eleetricity.w�t¢cunituysewer,onJeosmentsfur __ —_—____-- other utiii[ies :�C�,��, �i�, i,.�;,o�>.�„i�,��.��.��r��, i.,i.,�.,u �„1(,..�:..��> i, , ��n,� Y�„i:,„�� „�..i:n,i�. ,ri��.;�i�,.,�.i�„�„r�i„ �,,.�.,�, a;,.,�„��,�'. ,i�.�.��:.i�,� .��,�.i,,.��. u�i.,.. �r �i„ uw��,�. r::.,,��u„„ �i„�.•��,,.n,� ys>i:,,..°�..,�„i �.�.�> ,..0 �e�.,:�„„�,. ,,i.� �i„ r,.i�,.,.��., „,��;:�., a, ��.,��,.��.. ��.n,i�.�,�,��, ��,::r„�r,�w.�„�..,��•.�i.��.�.. . those of record which do not prevent the in- tende� u�e o� tSie property as a residence fi�r Purchascr _......_. .....__.....__._...._.._..'_"—.'_'_""_._..._._...__._..._. _'.".'__�_"_'.'_ ._. ��ii1.��1��.�.�tu1�u�l�lii��1:�.��i��Kr.�4ulu�i�.nn •Tl.i. L�ni� mxr eL•�. L�� u.rJ fur �Le eaL uf T�,x��L,�u.r.. 19.m,��d l�int U.��J��.maot> �e.l ��iL��r m..d.n��:J bi��bL�,c K�,�up, u..,.l�u��•,.wo�-nl�q, �,1 aommui� elrron�lx. \u.51' 2n � s�nl.l'untr�rllu Ilu� �nJ 5.�11 Hed t:r��r �H�•.id��ni�d l'��nd.�miwuml -.. 11i.i.11„iJl'u1.1i.1,�nF �.:`N M1ih{.��.I.i1.M�.��.1 l��n��:ll ��i ._ nn„i 12. Earept u�l�led in par�Rnph ll, iftiUe i� not merch�nt�ble �nd wrilten notice of defncU�l i� Qi��en by Purrhuer or Purchuer'� �Rrnt to Srllrr or Srllrr'� �rrn� on or befurr d�te of clo�inR, Seller �h�ll u�r reuon�Gir effart �o correc� uid delerux� pnor �u do�r of rluninK If F.Ilrr u un�14r Io e��rrrel �uid drferllnl on or I�rlur�� d�lr uf cluninK. �l Crlli•r'r op�iu�i onA u�uii w�r�11.•n ni�tir�� In I'urrl��.rr ��r 1'urrliun.•r': BF��t i��i ur L��(�.t.� Jol�� f �I��inK.11��Jyli��fi�luniii4:l��lll�r�•xl��d�•Jthirt�Jul'�furthr fiur��un ofi��rrv�tin uid�l�•f��clin�.lftitl�� .i�i��.�nA.��-Jni�r.liu�iinl.I.��,��r��iAr�lii� lhir p�r��r�yh. �� 1'u�i�h�+.�r'. u��i,.��. �hi. cuntr�rt �holl Lr ro�d �nd of nu rffrrt �n��r�rh N�rt1 hrri•t�� rl��ll L.• rrl.��.vd fr��u oll ul�l��c.t��i�. 1�. rcu��dri •nd dl p�ymrnts ond Uung. uf valur rrcrived hereunder �A�II be returnrd tu Pur<hasrr. 13. Any rn umLn cr Qulred to Er p�id m�y br p�id u the timr of �etllemrnt from the D�oceed� uf �his tr�nucuon or Iram �ny uiher.uurcr. 1�. Genrr�l l�ses for tAe ye�r of clo�inr. bued on the mo�t re ent levy �nd thr o�t rrernt usrrsment, prrp�id rents, w�trr rent�, �rwer nt�, FHA mortQ�Re m�unnce premium�, intrre�t un enru�bd�n�ea, �nd current reQulu Condominium or Ownrr�' Auoai�tion u�r.smenta, if �ny: �nd __ �hdl br �pportioned lo d�ie ofdelivery of deed. Re¢ I�r Conduminium or Ownrr�' Auon�t�on usrumrnte ydd In �dv�ner �hyll hr crrdi�rd tu S.11rr �� thr tima o( claunR. C��h rn�rrvn hrld uut o! th reQulu Conduminium Uwnrn' Auoci�tiun ur�rmrnt� !ur drferreA n.intrn.n�•r 1�� thr Cundnminium or Owner�' Mwciuiun (hereindter °Ownen' Auoci�tion"1 �h�ll not be creditrd to Srlirr e.rept u m�y Lr olherv.�ier prov�drd Ly thr DncJp��yyp��r Byl�w�. Any prcul meumenl by lhe Ownen' Auoci�tlon for impn�vrmrnis th�� hare Leen inrt�llyd �e uf Ihr dnr uf PGa4f�nh+� rrron �h�116r thr oL1iR�tion of Seller. Any other�peci�l uwument u�raerd pn.�r to d�tr af ��IusinK by tl�e Own.n' Auxori•tu�n .nai et �nt ��.i��r„u�� r Sel ler - ----- --- _ _ _ �s. r�..r..�o�or�n.�'roDrrq•�h�IlLedelivrredtoPurch��nr date of closing and transfer of title �ub)e<t to the foilowinR leue� or I( Srllrr f�il. to deLcer D��r°rrniun un thr d�te hereln eyrciGrd. &dler �h.11 Le suL�ec� t,� rcioGou u��J aLull L.� Lul�l.� L�r u Jud� n•niul of :-3Q0.00 ��wpo.a�•a,�o��aaei„e.«a. I6. In the erent thr Prop rty ch�ll br d�mored by fire or o�her e�aunit� pnor to timr o(clu.ing,�n �n omount of nut m r �h�n i.n pirceut uf thr lotal pur<hur price, �nd in thr erent such domoQr i� nut or<annot Lt rep�ired w�ilhin �.id iime ur if thr J�muKrs rxcrrd au��hr�um. thia contr��t m�) Lr trrminPted at thr option of Purchaxrr, and all paymenta u�d thinRS olvalu.• reeeivrd hrrrundrr ehyll Lr rrtun�rd tu Purehusec Purch�srr mup rlrct to <orr�� out th�c contr�et despitr �uch dam�Kr. In th�t rvent, Purchaser shull he rulitle� tu all tl�r crrJii f��r thi� in r prucrrds rreul�inR tr�m dom�Re tu the Unit, mt ecceedinK, howrcer, thr iot.l yurch�se pr e. Shuuld •np fixturrn or arrciees in nuiA l!nk (uil Leiw�r�vn tht d.tr of �lu� ru��ir�ri nd thr d�ie of yosarss�on or thr d�tr of dehvery of dred, rhichr�.�rr �hull Lr tarlier, thnn Seller eh.11 Lr liublr for the rep�ir ..r reyl.rem.�n� uf eurh fixturee or �erricrx r�ith � unit of aimlar siar, �R •nd quoliy, or �n ryuiv�lent rr.�Jii, Lu� enly lo thr ratrni ih�i ihe mu�ntrn�n.�r or rryl�c.mrni �f such fi>turre or �rrvlcee is noi the rrsponelLility o(the Ownrr�' Mwci�tim�. 1 i. Time is of thr eeeenrr hrrrof. If ��iy te or check rei� i��rJ �s e�rnest moi�e�� I�rrrund��r or �n�� uili.•r p.��mrni due herrun�rr in n�t y��J, honored ur trnderrd when duc, or if •ny oihrr ubll�r tion harrundrr ir. not prrforn�eJ.e herrin pnn��d.J, ihere xh.11 Lr ihe f�dl��..inK mn�.�Ju�s: I�1 IF SELI.EH Iti I� UEF'AI;LT.IU Pura�hn. m p elrc� to trrat thie cuntr�r� os trrmiuu�.J. in w�h�nc �u.r pll ��u�w.�i�i. �nd Ihu�R` uf v�lur rr<eired Aereundrr eh�ll Le rrturnrd tu Pumtuserr�nd Pur<hosrr m�y recuver suah d�m.�;r> �s m.p Le proper. or i't� Purchesrr m.y rler� to tre.t lhi� oontr�ci os Lring � full forcr �nd effect anJ Purchesrr �hnll h�ve thr right tu �n �ction (or:perifir pe furm.ncr ur dum.gra, ur Loth. Ibl IF PURCNASER 1S I\ PEFAULT, then �II paqmrnts and thing s of v�lur recrived hereunder ali�ll br furfritrd L�� Pureh�a«r rnd rri�mrJ on 6ehdf ot Srller ond bmhp rGec rh�0 theredter be �ele.aed (rum rll oGliQa4ons AerrunJrc li u oK rrd th�t sucL p�cm.•nta ond thing. uf c�lu« �rr LIV��UATED DAMAGES �nd le:cept as prorided in xutper.groph fN) are lhe SELLER'S SOLE ANU ONI,1' KE}�tEU}' !ur thr 1'ureh.arr'e f�ilure to perform thr oGlig�tionn o! t�is contract. Seller e�prrnsl> w �ives thr remrdirn uf �peaitic prrfur m�nrr �nd aJditiun.l dom�gea. Icl Any�hinR <<� �he cuntnry herein mtw�ith>t�ndmR, in thr n eui ot an�� liiis��n ansi�� oui of �hu .�onir.��, ihr roun m.> •.�.rd io thr prr �ilinR D4<<>' II rr¢w�n�Lle rosts and eapenae. i��eludin � �tt�r ,��s' frrs. -�� •� ,r'•••"•.. "-ww�Lbeikf �R*et-lhiT.TTZ}fY �' ro �Iro�_r�_211YI lu�[ ��nent m�n�'c e t� inkF�."'" lr..� tuul �'�tli�� Tn.tructiu� �� J L� 6r�,Arr', I�r�u•� •Iiy.,i-l...-nqmrcff2rr(lk��" t�i�i�.l.ut n u��.uyi� u�i� ��r��r��A�i.4. �� x� 1,,{ ,F.�r'��y qti,�y +y�I d�.�r ��i„i�. Te6rivpsa��F`� fcaluemmtheronrtanCmti:erir�.��cuurlcu-isATAfeHtnnIITtC�ttrtrr.rc�''frr�Jee 1�J NaC�EIIOU(!1 IY.-w.�i....-fr.rnknder-Ae,�efYh�da�-clrrs-inarrvmrn��irecnmFS'rt'tontfer[l,rlwei•ii-lh�� yu?ti��..-c,.7j,.,��e4rrrsl�� d:•li��. Purch�.rr. yK.•n� o rurrent onpp uf �he Urclur�tiou, A�t�clea. Byluv�a unJ rulre nd reRulatio=s, I!�_ r w�riuer, notic.� �f diupprorol of Pn�� ut thnxr documrnts tu Sellrr ur to Srller•. ..•-�• �__ c IrnAxr d.y. Im�t I��s ih�n F� .hrr r.eripi u( xueh dorumrnts, thle cnntract .h�ll Lr trnpinrtwtyml-aft�� n rnt. anA thin�;s uf r�lue rrrriced hrreunder xh�il L.- rrtu rned �u PurcLa>rr. If u.� sueh t�mely r�nurn n��ticc of du��p.ord is FhS�n. Purch�srr shall Lr drrmed to lu�cr nccrpivd xnJ ipprurrJ tLr irrvu> uf.�iJ J��run�e��>. n��J Purchas.�r's ngLi i�. � • See il4 Addendum 2U. Srllerreprecentathatthr�muuntu(t�rreRUlorOr�nen'AuociotianuaearmentiscurrenQys *_ year o��dth�� ---------- rr� --- -- therr ore no unp�id rreul�r or �peci�l �seecsmrnta �Qyinxt the Proprrty exreyt the rurrrnt reCUl�r oasi•semrnt� ynd .•xcryt nts �rr cuLjert tu ch�nRr as proridrd i the Urrlarotion, Articirs. nr 8ylar Seller �Q rrs tu reqursi, prumpel> onA diliR i��ly, • speeial OT ,iu�rn��'o� o .aessmrnir eRlinx� ihr Properp rep.red nd rertiflyd L> ihr U.�rrd �f Uirr�•ton of ih� Owu.r:' A>,�cf��on or n. A�•siAn.�rd �Arni. . . •nd d I�rr a�iJ staiemrnt t.� Purah�srr on ur be urr time of cloam� unlrae nut oLt�in•Lle �(trr dur dili4vnce. Any (nen n�cident to thc ie>u.nce uf eurh regular Owner's .��e�„��„r.�,rf,�,r��.now,rPa�ai„ SelJer-- --- ____-_ — rS Iler eh.11. w�nhin ar.�en e•Irn� r d� cNof thr d�i Ih�in inxt�run entrLr�on ec1� <ontr�ct �rr,rl�t'•iulpht�l�i. �•,��tlr•� �I�ur wro�i� e�r �r rmo� L.• rrywn�A onJ Asso. Con—��n.0 arr.r� il to Pureh�eer on or�l.efore the time u( closiny. If S.Iler sholl Lr uu.6l.�to oLiaiii .urh .ppruc�l anJor w�nrr mi ur Leforr dominium�� ---.__ ___.___..—_—_, 15—__, this runtract shall be terminPteJ and ail pu��menin �nd �hin�s uf vnlu.� r.criced hereunder shuil Lr returnrd �c. PurcAyxer. Purch to eoo er�tr ��ilh Seller in uLUininK thr �pprovyl �ud �u xnd shall m�k_• u�luld.• �urh inform�tion �n U.e, vmirnr�cssmn�r�'.ET�'�qairn. — -- — --- _ .. _ _ 22. Addiiionnl Dru.�iiions: See Attached Addendum to Con*_ract for paragraph 1-17 inclusive and two attached pages from Morter Architects. * The sum of $4,490.00 per year for utili[y charges (billed by Association) The sum of $8,498.00 per year regular Owner's Association Condominium Assessments. Condominium Assessments are paid quarterly. 23. If thia pr pueal �• Fp1e/d} Srller n yrritinR o�d Purchoaer roceicew noti<e uf auch occrp��ncr on or Lefore ________. ..___.. 19___87thisin rumeu shrllG oi.nir�eun aetLrt enSrllrrrndPurchaxer�ndshdlinurrtotLeLen.•Glof�hrheirs > or as�r J �na fru��h �.,��r..r.,« .a.�.��•a par• �.Pn�. Christopher, flentonA &�ea{ian �Gi n' __.S" 1 h', ��k�,� Real Es Group — -- -- - -- -- ------- -- -- -- - ry.�n. Norman . K z . �r/ � -��,��1�.�� - - � ��'l �� ` Purch�ser �ry. _ .t_ __. ___ ____ ___._ Helen Miller Kurtz raig n n N,,,,�,e,,.�•�,�,,,i„•„F. Faton__Road, _Scarsdale,_ NY_ 1058 ' �Tnrr�n�.i� �ra�ionloAreomplel'ed�6�Sr11rr�ndLi.linQAre � 2�. TSrllrtr rptn thr •bove Proyos�l thin'_'�_". dal' of.._�yr_�.i�.."_ .__.__.18�� nd •grrrs to p�?' • cumnus.ion of _�C:�S_� __9f of thr purch�er nce fur arrvi<e: ii, this tr�naurtion, �nd ��r.r= thot, in thc errn� �f (urfeiturr �.f y.��m.�n�: �nJ tMnKa uf .��lur re r�•rd r r, such pa)�mente. �nSthin�s of rulus sh>II ha diriJnd beiw�ern Ls�i��¢ Lroker ind Sellre our�hrlf �herruf �.,:•Id Ln.A.�r, but noi turaeerJtLrcu •ndthrGal• c to Iler. Ransh��sa Partne s}�, L B �. . (�i[q,c.� �/ "'"' a Gen�lral PartneY°"' David Garton Jr:� ,,�,,,, �.,.�,... r.o. so:: �os, ��c� , co R1659 Da�•id Carton, .ir. d/b/a/ Ramshorti P.�•al L�:l;�tc�, Rc�x 7(15 I.i:��i��•H�..A.�'� i�.�i�.� ni�,l:��lli��.. Gail, CO S1G57 ADDENDUM TO CONTRACT The following terms and conditions are hereby added to the Contract dated April 28, 1987 between Rams-Horn Partnership, Ltd., ("Seller") and Norman D. Rurtz and Helen Miller Rurtz, ("Purchaser"). 1. Prior to closing Purchaser and/or Purchaser's Agent shall have the right to inspect the premises upon reasonable notice and Seller represents and warrants that Condominium Unit C-7 will be in a neat and broom clean condition and that no damage or alterations will have occurred from the time Purchaser last inspected the Premises. 2. Seller agrees to maintain or have the Association maintain insurance on the property between the date of contract and the date of closing. 3. If a controversy arises regarding the earnest money deposit and if either party notifies broker not to disburse the earnest money deposit then broker shall not disburse the funds but shall await further instructions from the parties, or at his option and discretion, may interplead any moneys or things of value into the Court and may recover Court costs and reasonable attorneys' fees. 4. Purchaser acknowledges receipt of a current copy from the Seller of the Declaration, Articles, ByLaws and Condominium Maps and such documents and Maps are accepted by Purchaser. Seller represents and acknowledges that such documents and maps are current and have not been amended. 5. The Town of Vail Land Transfer Tax in the amount of 18 of the purchase price shall be paid by Purchaser. 6. All brokers to this transaction represent the Seller and all commissions are due from the Seller. 7. Purchaser acknowledges that an additional floor may be added in the airspace over their condominium unit in substantial conformity to sketches currently on file at the office of Morter Architects, 193 East Meadow Drive, Vail, Colorado 81657. Seller represents and warrants that the encroachment into the airspace of Unit C-7 (a/k/a Suite #5) shall be as described by the attached letter from Morter Architects and the cost of such changes in Unit C-7 shall be as set forth in the attached letter. 8. If Seller decides to construct the additional floor as contemplated in Paragraph �7 above, such construction shall take place from the end of the ski season (when the ski lifts close) to November 20 in one of the following years: 1967, 1988 or 1989. If Seller has not constructed the improvements pursuant to Paragraph 7 above prior to 1990;� Seller may contact Purchaser with a full set of plans and specifications, a time table for completion for such construction and if such plans and the completion date are in conformity with the intent of this contract then Purchaser shall not unreasonably withh�ld his conseni for construction of the improvements during the Summer of 1990. Nothing herein shall be construed to allow the 9eller to construct such additional floor after the year 1990. Seller guarantees that the Pnrchaser shall not be removed or inconvenienced from using Unit C-7 anytime during the remaining periods of those years. If Purchaser is precluded from the reasonable use of Unit C-7 from November 20 to the end of the ski season in years 19R7, 1968, 1989 or 1990, or thereafter, due to such construction (whether or not due to the fault of the Seller), then tt�e Seller will provi6e at its ohn expense a unit of similar size, location and quality for the period of tin�e Aaaenaum Lo �ontrdCt Page 2 � The right to construct in the year 1990 shall no[ be assignable by seller and shall terminate upon seller no longer having an interest in the property. In �� addition, if purchaser sells or assigns his condominimum unit prior to end of ski season in the year 1990, seller shall not have the right to construct �� the additional floor beyond the year 1989. which Purchaser is unable to use Unit C-7. Such unit shall be to the reasonable satisfaction of the Purchaser. If Seller is unable to provide such alternate unit then Seller shall be liable for the sum of $400.00 per day as liquidated damages for the period of time in which Unit C-7 is unavailable for use, whether or not Unit C-7 would have been occupied by the Purchaser or their invitees. 9. Should Seller decide to construct such additional floor, Purchaser shall at Seller's sole cost and expense "professionally" remove, store and insure all of Purchaser's personality under Purchaser's name, located in Unit C-7 prior to the commencement of construction, and redeliver such personalty at the completion of construction. It is the intent of the parties that Condominium Unit C-7 shall be returned to Purchaser at the end of construction in the same condition as prior to construction except as modified by the approved plan and specifications. 10. Prior to the commencement of construction, Seller shall provide to Purchaser all of the following documents, the delivery of which, in form and substance reasonably satisfactory to Purchaser, shall be a condition precedent to Seller having the rights granted hereby. a. A guaranteed maximum sum construction contract(s) with a reputable contractor(s) covering all construction required by the construction contemplated by Paragraph 7 above. Such contract(s) shall cover all work and remodeling in Unit C-7 necessitated by the construction of the additional floor. b. A complete set of plans and specifications as approved by the Town of Vail Building Department and Design Review Board in substantial conformity with the plans and letter outlined in Paragraph 7 above. The structural components and sound transmission coefficients shall be as stated in the attached letter from Morter Architects. c. A copy of the Building Permit issued by the Town of Vail for such construction,and copies of all other permits necessary to complete same. d. A letter executed by the Board of Directors of the Condominium Association duly authorizing the Purchaser and/or Purchaser's Representative to complete the addition under paragraph e below if Seller fails to comply with any of its obligations hereunder. e. A Letter of Commitment to Seller from a reputable lending institution in a sufficient amount to cover the total payment under the guaranteed maximum sum construction contract(s). f. A waiver from the general contractor and his subcontractors waiving any rights they may have in being able to file a mechanics lien against Unit C-7. In the alternative Seller may provide to Purchaser a policy from a title insurance company providing mechanics lien protection. g. Notice of the anticipated date of commencement of construction. Such date of Corumenceroent shall not be later than August 1 fn the year of construction. Page 3 h. An escrow account in the amount of $15,000.00 as security for the $400.00 per day liquidated damages as set forth in paragraph 8 above. i. A clean irrevocable and unconditional letter of credit in favor of the Purchaser, from a lending institution reasonably acceptable to Purchaser in the amount of $100,000, which Letter of Credit shall permit Purchaser to draw down from time to time, any or all of the $100,000 upon presentation of their letter to the lending institution stating the following: a) That Seller has breached its obligations under the Sales Contract by not pursuing to completion the improvements as set forth in the plans and specifications; and b) That written demand was made upon Seller to continue work on the addition, that fifteen days has passed from such notice, work has not progressed to insure completion in a reasonably expeditious manner. The actual disbursement of the funds from the lending institution to the Purchaser shall be based upon invoices presented to the lending institution from the purchaser for work completed either to restore Purchaser's unit or to complete Seller's project in accordance with Seller's sketches or plans and specifications. 11. Purchaser agrees to execute all condominium documents or maps necessary to effectuate a redefinition of the airspace located in their condominium unit and the additional floor or improvement and the subsequent division or recalculation of the ownership of the general common elements. Purchaser shall have the right to review and consent to such documentation, such consent shall not be unreasonably withheld as long as such construction was completed pursuant to the Plans and Specifications (referred to in Paragraph 10 above), and the recalculation of the ownership of the general common elements was based on the square footage of each condominium unit in relationship to the square footage of all Condominium Units in the Condominium Project, including the addition, and that any use restrictions would not apply to Unit C-7 after construction. Seller shall be responsible for the cost of any reasonable attorneys fees incurred by Purchaser in reviewing such documentation. Nothing contained herein shall be deemed a representation or guarantee by Purchaser that Seller has the right under the Condominium documentation to construct such improvements and Purchaser's signature on any documentation shall not be construed as such representation or guarantee. This Paragraph shall not be construed to negate any consent by Purchaser hereunder, for the construction of the additional floor. 12. Purchaser acknowledges that he has been afforded the opportunity of inspecting the Condominium Unit and has taken all steps to investigate the Condominium Unit that he deems necessary. Purchaser further acknowledges that he has made or caused to be made on his behalf, an independent investigation of the condominium project of which the Condominium is a part, the expenses to be incurre� in connection therewith and the tax consequences with respect to the purchase and owners}�iF� of the Condominium Unit. Purchaser acknowledges that neither Seller nor its er.�ployees or agents have represented or offered thi� Condominium Unit as an investment opportunity for appreciation in value or as a means of obtaining income from the rental thereof, Page 3 h. An escrow account in the amount of $15,000.00 as security for the $400.00 per day liquidated damages as set forth in paragraph B above. i. A clean irrevocable and unconditional letter of credit in favor of the Purchaser, from a lending institution reasonably acceptable to Purchaser in the amount of 5100,000, which Letter of Credit shall permit Purchaser to draw down from time to time, any or all of the $100,000 upon presentation of their letter to the lending institution stating the following: a) That Seller has breached its obligations under the Sales Contract by not pursuing to completion the improvements as set forth in the plans and specifications; and b) That written demand was made upon Seller to continue work on the addition, that fifteen days has passed from such notice, and work has not progressed to insure completion in a reasonably expeditious manner. The actual disbursement of the funds from the lending institution to the Purchaser shall be based upon invoices presented to the lending institution from the purchaser for work completed either to restore Purchaser's unit or to complete Seller's project in accordance with Seller's sketches or plans and specifications. 11. Purchaser agrees to execute all condominium documents or maps necessary to effectuate a redefinition of the airspace located in their condominium unit and the additional floor or improvement and the subsequent division or recalculation of the ownership of the general common elements. Purchaser shall have the right to review and consent to such documentation, such consent shall not be unreasonably withheld as long as such construction was completed pursuant to the Plans and Specifications (referred to in Paragraph 10 above), and the recalculation of the ownership of the general common elements was based on the square footage of each condominium unit in relationship to the square footage of all Condominium Units in the Condominium Project, including the addition, and that any use restrictions would not apply to Unit C-7 after construction. Seller shall be responsible for the cost of any reasonable attorneys fees incurred by Purchaser in reviewing such documentation. Nothing contained herein shall be deemed a representation or guarantee by Purchaser that Seller has the right under the Condominium documentation to construct such improvements and Purchaser's signature on any documentation shall not be construed as such representation or guarantee. This Paragraph shall not be construed to negate any consent by Purchaser hereunder, for the construction of the additional floor. 12. Purchaser acknowledges that he has been afforded the opportunity of inspecting the Condominium Unit and has taken all steps to investigate the Condominium Unit that he deems necessary. Purchaser further acknowledges that he has made or caused to be made on his behalf, an independent investigation of the condominium project of which the Condominium is a r-art, the expenses to be incurred in connection therewith and tt�e tux consequences kith res�ect to the purchase anci oa�nershiF• of the Condominium Unit. Purchaser acknowledges that neither Seller nor its emp]oyees or aa,ents have represented or offered thi: Condominium Unit as an investment opportunity for appreciation in value or as a means of obtaining income from tt�e rental thereof, riaaenaum Lv �onLracL Page 4 either full or part time. Purchaser acknowledges that any rental of the Condominium Unit is at Purchaser's sole discretion, subject to the terms and provisions contained in the Condominium Declaration and the Articles of Incorporation and ByLaws of the Condominium Association. Purchaser represents that entire agreement between the Purchaser and Seller, and no other agreements, promises or warranties, either express or implied, except those expressly set forth herein, have been made to Purchaser by Seller, its salesmen, agents, and/or servants. 13. Notwithstanding anything to the contrary, above, Seller hereby represents and warrants that all appliances, heating systems, water heaters, lighting, and electrical and mechanical , systems will be in good working order on the day of closing. Such warrantfes and guarantees shall survive the closing. 14. The ownership and use of the condominium unit to be conveyed pursuant to this Contract is not subject to certain limitations and requirements imposed by the Town of Vail on condominium units created by the conversion of accommodation units to condominium ownership. The limitations and requirements of the Town of Vail are set forth in Charter 17.26 of the Ordinances of the Town of Vail, a copy of which has been made available to the Purchaser. By executing this contract, Purchaser acknowledges that he has been given a full opportunity to review and discuss the above described requirements of the Town of Vail with Seller or Seller's agent or employee and Seller represents and warrants that such restrietions do not apply to Unit C-7 either before or after completion of construction. 15. A space shall be provided by Seller in the Condominium Project for the construction of a storage closet for the exclusive use of Purchaser. The size shall be a minimum of 4' X 3' X 7' and shall be constructed at Purchaser's sole cost and expense. Purchaser acknowledges that the condominium documents or map will not be changed to reflect an ownership interest in such closet, however, a letter will be provided at closing from the Board of Directors of the Condominium Project allowing such usage of space. 16. All representations guarantees, warranties or approvals which by necessity cannot be performed prior to closing shall survive the closing, including but not limited to use restrictions as set forth in paragraph 14 above. 17. In the event of any litigation arising out of the construction or potential construction of the additional floor, the Court may award to the prevailing party all reasonable costs and expenses, including attorneys' fees. SELLER: PURCHASE : ��' - aar�t N PARTNERSHIP LTD. % � / � ..�d . � s,�;� /- . NORMAN D. KURTZ / By: �1u �,�,r� ��,� HELEN MILLER KURTZ ' it : E n c Men. c.v. Dn: t • 1`'�", :,°`�:`"�'' MORTERARCH ITECTS � (� .�..F�.�� RAMSHORN UNIT 5 CEILINGS Upon constructing a unit above the subject unit, the sub- ject unit will have a horizontal ceiling ten feet above the finished floor, throughout the unit. The seller will pro- vide to the buyer other ceiling configurations, similar to existing configurations (i.e. sloping planes, gable planes, or horizontal planes of varying heights), but below the ten foot plane, if the buyer desires. These ceiling configura- tions are to be at the seller's expense. WINDOWS The windows in the bedroom adjacent to the kitchen will re- main the same. All windows in the living/dining area will receive transom windows up to the new ten foot ceiling, less headers as re- quired. In the bedroom adjacent to the living room, the window/door assembly leading to the deck will receive a transom window up to the ten foot ceiling, less header as required. The window in the adjacent wall will remain the same. The windows in the master bath w�i.11 windo�in the master bedroom,��and the adjacent sitting room will rec to the new ten foot ceiling, less h � existin lerestory windows in the / moved. � � �re-��-t��oars--'rn t e bedroom adjacent to the master bedroom Y"/�il�- -- - - �, ----- emain the same. The the window and door in ve transom windows up ders as reguired. The tting room will be re- If optional ceiling configurations are constructed, the shape and size of the new transom windows will relate to those ceiling configurations. All window changes described above are at the seller's ex- pense. Any other window changes and/or additions are at the buyer's expense. 0 MORTER /�RCH ITECTS RAMSHORN UNIT 5 SOUND INSULATZON AT CEILINGS Sound insulation at the ceilings will be installed as fol- lows: AIR-BORNE SOUND Ten inch thick fiberglass batt insulation will be placed , between all ceiling joists. Fiberglass batt insulation will also be packed into all areas of the ceiling construc- tion where sound might be transmitted. IMPACT SOUND Metal "hat" channels will be installed to the bottoms of , all ceiling joists. The ceiling drywall will then be ap- plied to these "hat" channels. The above measures are typical of those found in the best multi-family construction. � . . ;i ''1'A• y�lnlyd puniun. uf iAi. furm.PP�•�•�J L� �hr I • l'�IunduHe�ll.i.t�l'ummi on151'_tl�8�N11 INIS IS � l[C�l IMSI�UY(MT. IF MO! UMD[�SI000. 1f Ul, 1�1I OI OTX[ � COUNSII SMOIIIG /( COMSUIIEG �[f OIIf SIiNINC. ' (RESIDENTIAL CONDOMINIUM)' CONTRACT TO BUY AND SELI_ REAL ESTATE (Seller's Remedy Limited to Liquidated Damages) A rtl. 2 .1e87 �' - '- - - - - � 1. 1'L. unJrniqnrJ oK•�m hrrrby w ��,,.�i,•,i„�, i��,��,; �.•��.•�.,�,i n„�� . N o r m a n ti. II r i n k e r... . -- -__ _--------- w.•.,��„rt 40,000.,��„i�,.r,,.��r . a personal check --- - -- - ------- �„i,,.�,,.i.�i,,. Ramv-Ilorn Rc.i] L'stati� I��.A��. �i� I.ii�1.��. �.�I�r ..� Ilii.l�-. ��.��ii��i. ��.� �ii��.1 i��.�i , i��il �r��l �.��)ii��i�l (��I� Ili�• (.�Il�.wii�N �1�•n�'ril�a•�I iaul a�l�l• 1�1 u�.. 1�OWR.Of VH11 �,.u��>,.r L3Rle �'.,I,.rnd,,.�„w��: c„�� 4 S 5:u„�i,i��„ Rams-llorn LodKe _ . Condominiums, AKA Suite 3,_Rams-.liPrn Lodge Cnndnminiwns ��...��I�i�4 1�� Il�o \li��„�r I'lul x��l I��.lu�uli.�i� 11��.! i��l��.l ��i nni�l ��.��i�lf r��lr. 1��A.�11��•�� will� lhv inlrr�•vl.r. rn.��mcnl�. riNhln �nd licnefil• oi.i�ui�.�eiw�� t��l��..ii��i..l�i�„�f.url� I'i�i� ��i,l i��;�•�li�•i ..��Iinll ��iiri��iii ii��,..��i��i, i��l fix��rcaufui��r��u�i�•��l i�.tur<.e.ceP�•ahcrcinsl�rr �.,,.,�.i.n.��i�.ni,�.��„,��a�i�..��.,,�,i��.�� „„�„ii��.�•�,�,•,i.G��,,.��,..�� SttiCe 3, Rams-ltorn_Lod�e_----- l;�ndumintU;1�S, 416 1'a,11 Vallcy llrive� Vail�C_0_8165_7.,,,�i„•,r;,,on�.��urawri'roperty. �s��,,•�aa,i��•....r�„.rc�� Norman L. Brinker :• "�i.,.�,ii„ii��,,r�,,,,�„�,>,�ip„�„��:,,�i,r:.w,•,��a.•.,�,�„�,i,�.��.��r . . _ IxrJi�i��l 1�•��nnlNt��nunla iii �ui�ii�i�i��l.li�•rei��ft��r r�ll�•J 1'ur��h�aer. I��.�I.i u :i I..I.u)' Ili�� I'�.��.r��'. ��.I lli�� Iri.i�;�ir�l.�w��.•rl�l.l�rr��inxflr� ��nllr�ll��ll�•i.l�ri�•I�y x4rri�(�I lu..��ll 11�� I'r�.��.�rlY u�� ll�c lei m� ��d . ��i��lil�.��. r1.�r.1 li��i.•ii�. � ri,.�.,�,�,�,��,�,,.i�„ui..•r,t39U�000 .w ��i.i��.r..n.,,.�.s 40,000.00 i„�,i,Y.��.•ii��•dr��.. $150,OOU payabl� by cashier',s or certified check upon delivery of d��d (L•'ach party tu p:iv Ll�cir uwn c.losing costs). 'fhe se].lers sl�all carry a first deed �t trust in the amount of $200,000 at an interest ratc �f !0% p�:r annum ati� nu poi�iCS fc�r GQ days altcr date of closin or unCi7 Purchaser ob[.�ins a lo;in in Cho amounC af 5200,000 from a I local lendiug institu�ion, whichcvcr i•vc�iC sliall occur first. I I'��luln�ludenl�\'��(Il�ol•.11.��.�i��il��u�..��rrri�111'i� wi�lll��ll:l��lill��r.l��•:�Ii��l.��lu�iil�ii�K.��I�lllhlinK.��1�' i�llnln IiJili��iiln�;flilYrr�: oi�:�, 1�.�.11�\' ui��iiiu. u��l ��r u��i�� >,�i��i��r �if .�..iir.l 1.�� II�•ri. r� ��I�.w i��l �.��i�li : i:��1��.. �� .�ii�� I,lii��l...��r�i� r�i��l„w�nr.,rl��ri�� J��r.. xerrcna. ��ii��.i, �..,1.. Jra��er�� r.�.l�. ui��:l�.��l �ui�i.�r.. I��.�I.�i�i�i. fi��.�r Iilr.�:�w�ii��A.. fii��lnr��.�i�� i ni��l K�n��. 1��11 iii ki�rh��i x��li�nr�•r. wull lu�w�ll ,�,�,..��,.• refriberator - - - ..0 ��i �I��i� ��i :� i�� .�i�l��i�.i�.„ i� ..�,I li,�.� ui.,l , I� u� .�f nll i n..�:.1„�i�. uii�l .�„ iri��l,rnii,. .�� .� ,�.. ��i �. i.l�.�l i�� uKru��l� I I. 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Mona U. i.ucik, A�sociate Bro:er r,��.i�,,...�.�a,i„.,68'_0 L.iS.I., Suil�• °_00, Dallris, 'f\ 75?4U � rn„• r„w,.c�K ..��.,�, i,� i,.• �„��„�i,•�,•a i�� s,�u.�� .�„i i.�.�� ,�■��.0 _ � �. w � �,.,. �.�> �i„ �,�,,,., �.�..,....:,i �i,�. 2nd ,i,,, ,.� Apr i I .i:��7 .,��,.� �,.,��.. �., „�„ �� ,,,�„„��„„�„ .,r ��fll��i.l�u��. � � ��Il��:tri��xu,�i,.�i.n�..l:��•i��.il��i.iii'li� �.iil��ff��i�fi�ii�i��.�fi�n�� ni�i,.��Jth��a1uf nlu .�.I l��i�� i�l.� �.ii:l� ��:� ��il.:�i�.l il��'�:•.�I .uli��,nl�nll L�• �li� i.l��l l.��l..��.�� I��:I�i��• I,i�.A�� i��1 �Vll��...r�.� I�i�l( lli.�r��! I��n �.I 1.�,�k�.r. Lul � nl Iu.�ar.�.�.li�l..��.iiiii�i..i��i.nii�l�l�ol��ln��.��.�.r11��. , . s,•u.� Timnthy R. Gartnn, a g.:neral pax,��x�er of Rams-1l�,rn Partnc:rship; I.td. .,u,.,.�e.�.,,. Y.Q. uox 7��5. �'ai l, C0 81657 -- �.�„�� ,.,,►,.� .��„� ��„i „,i,�,.•>. K a m 5- il o r n K� a 1 E s c a L c, 4 1 6 V a i 1 V a 1 1 e� y U r. �' a i l. , C 0 816 E':YHiHI`I' � AUC��;P11!�!P1 '1'0 THAT CER`1'A 1 P�J i:GN'1'kACT TO Bl!Y .-^�fJU SELL 1ir.AL ESTA7'F� �1' ANll BE'1'WE�AJ Dl:ik�:APd E. B!::I PJKER. AAIli kAt9S-HURN YARTIdEkSH I P, LTli . DF�`1'�.0 APk 1 L �. 1 987 i. Furci;�� a�.}:now1�C1,_te� rn�t �� Cl•�s r��en afrorcl��:i th� or,j:,crtur.ic,� ci� �r:C��e�tina ?n� C��%tloir�lr:ur� :_�r,iT an�:� !��s taken all �rr.i� rn ;^��=s`:�.;._rr th� C'011�:lOfl2Cilutn �Jnit th�t !�� Ic�m� !�,=r��.��.'3iY. T-'UrC!'.:tS�'i 1-1:rtr�ar 3.^.'�:C�Oj+�ICC:ClFS irl3?' rlc' h•�S ltl9�]C Or •�al:yrC1 t0 1:�� iii��:lc :�1"; 1115 L�r3rt�lr .�tl 1%C1rT:�Ct"tClr'1lC i nvast i�;rar. ion Of i� *'-�^' ��C�►1�I;.iL'? P;lU�i� 1>t-C�cCt of wttlrl', th� CO?lCt�rn11l1um 1S � j.�•�rt , thF �fi:��I1SCS r; t�� incurrect lYl conn�cr. ion th�rewirh at"i�:l Lii� ':�;{ �r:l �?��U�Ci�� ; �,� 1'. !'1 i�S��ECt t;� � Yl � r�arct,ase �Ild GW;',?rSf] 1 j� Gt L t".P ��OY1C�OlTlltlll:lit �!t',1* . �urch��er ac�:n�wl��:l�:1r-S Ch3r. C1rj1? ;?C SE11CC iIOL' � 7 s emj:� 1 c�-��s :�r ac:�nt s have rej>r�sent e�Y or cr rereci r t� i s �on�:lcrninium i_�n:� as an li�VCSif(I�IIT o��:�ortunir.y rOi �3ppirCl3LlOtl :�� 1ue cr �s a n�.e•�ns or ol>tainii;cr income rrori� tr.e r�nr..�l *n^r�or ,�ir.h�r tul i cr p��rt t imr. Purchaser acF:nowl�d��tes rhat =r�:.' r?l'lic�j �: *ne Con�lominium L�nit is at Purch��.ser's scic ctiscre*ion, sur.��ect to r.he *erms and ��COV1S1G1'1S contain��_i in r.he C�:;r��,��1111Un: DEC13'_"3?'�cn ,�r�� th� articles oi� Incorr�ora?iar< an�� bs�- !�4.s or �hr C�•n��lominium Association. Purch•�ser represents that c=f:t lr� 0�7� e�m�r�t r��T�,��p t;�r �uI ChdSC� •�C�� Sr11Ci . 3ClU J10 otr,er ��;1_-��rn�n* s, i:�r��nt? sFs or warrant ies , r i t her express or i mp 1 ie<i , �>:ce;�,� tr:cs� :_�-�res.slt• s�c rortn n�r�in, hav�- t_��cr� mdd? co �;,�r^h.a�r=r }-�v �,=.1 jr-r , i t5 s.ziesrnen. dCt�'t"tt5, andior SriV31"iLS. ._. �i`r:e o;,�r�r:si�,�.,� ar,cl us� �f rt,a Cor:aominium Ur,it to r�� r_��:n��•,��d i��_1rSU�Cir �� T!"i?S ��or.Tr•�cr .�lso 1S SU1:��erCT LC certair� 11ffi1LdL10ClS �:��", rr�'�l:?r�ft��t'it� 1ttipOScCI 1.,`•• tri� 'i'Owl�i Or V�11 Ot1 Conclorr:ir,iurr� uli1�S :: =�*.��:� r.�;� rr;,_ �cnvarsion or accorr�oclar. ion urir.s �o con�_t�rr�ir�iun� �,c,':':��;hll?. 'i'ti� �liitlr.�*1CnS 5.ri�:1 rcr,uirerr��r,*.S Ot t.riE ��CWi� OY ��511 -r� c�t :;:�-th �r� �:`"»�:�tNr 1:'.'b cr thc Or�:lin�,ncrs or t;,� `1'own �r •a_. ,� C��'�: .�I' W1�s1Cf: Yl�� f=��?CI i:l��7c a`•i�ll�):�jC TO �r;E' �-'UIC.:C;�S=� . `-" =..�CJC?!";.:; �'-i!� `:;f'IT:'3C_.� , rurch��S�� =ii::i�:IlOWle?Cl<(?S rh•�i r�r' Cl3S .-'.`� I: C� l"i � t;. _. ':�l?_L'�GC i U!"i 1 T'�' ' c� L- ��' 1�W �fi�:l d 1.;C11S�; ':'lr �1:�.�.V? l�':J'..� 11�r�� '_�i_ll.•_•��If��:r�l �t T{!� '1,�W11 �J� ,�'�11 Ni•1T1. .��' 1rL JL - _ _ . C !_ � :.� - � � l�. T � L� ? 1I: ! �_: '�' � � . � . � � . . !=ur=r,��r �c}��ncwl��:i�;z��s rt'i3t ::;?ll�r is conremplatinq a �,c�•�it.�1c �:�:1-��r��i;r, of F�ar�:�-}inrr, Lo��•_r� Con��ornt!�iurns t_,y tC,e ��.l�:iicicn or ; cl��ir�:l r:•�or. Purc:l,.�s�_r consen[s to s�ller :-'-�'�i\'1I"!;1 C:":� :-::i!",t TO :T'i•�}!? Sll�n rXj:�a�`i�lCtl 2O 1(IO��I1rj `fle �x�r,er�1 �r;�i ! 1I111TE-�:1 C,=�1:.^,:OC; c'I,rCItEt-�"S. •�tlfl t0 17i3K�' Sl1Ch OLi1rC Ch�iICJrS 3tl�:l :(:. ..: ? 1�:�'. 10!iS = �� ;�;�'� ::'C :1�C�SS��L"}' [�.• COI(1j�lE2F� Sl1Ch C}'�:lnl"l..°,1011. �?C cr C�: !��r c.�, LC�� T irne or ��1^sin�_1 the Conclominium U�Cldtat ion rnav � i�c ::,� ..:r:�er;cie.i c c j:�c�_ �� i�:1r : or sucr, �:•:��ansion 1?y t he recor�.i i r;g or nf� 'r.fflcl'iC:rn�nt '. O t Il� ��C 1di3t lOt'i ,�ttlCl l�j�' t nC ,SUI?SFCjllCflt r�cor�:l i ng ,. . �� fi A lil �;'i C 111 F_� r! * *^ , r1 : l' r. Il �:l :� Ill 1 � I 1 U C� i M u}? . -y, `j'CiF' C1lC �:'CC=�';'IT ll'��) `rOWll Of �/d11 L?dl PSt.�tri r.ransrer r�:! s!-,�1� ;.,_ ��r.:?i� �,u.�l:• l:��r.w�en F�urchaser �nd Se11Er. � r;,. � _ ram - r� VAI�, COLORADO 81657 PHONE (303) 476-5646 0 March 4, 1987 Mr. Peter Patten Building Department Town of Vail 75 South Frontage Rd. Vail, CO 81657 Dear Peter: we hereby apply for approval to add a third floor on one wing or the Rams-Horn Lodge Condominums and build up to 4 condominiums on this floor. Following are the facts: 1. This is �not a conversion from a lodge to condominiums. This is the same;building on a vacant lot. 2. Although the Vail Villa�� Master Plan is not approved vet, this Master Plan does cal�_ for increased density at the kams-Horn site. 3. The other buildir,gs in the vicinity of the Rams-Horn are at least three floors. Our third floor would make the Rams- Horn 36 feet compared to a Town of Vail limit of 48 feet in this area. - 4. The three owners of Rams-Horn condominlums have given approval to proceed with the third floor pro�ect. 5. We have 7,000 square feet more GRFA available at Rams- Horn; our pro�ect for the third floor only needs an additional 5.500 square reet. 6. We ask that the Rams-Horn, through a special �� development district application, be considered to be 11 � condominums (as it in ract is), and that we be allowed to add 4 rnore on the third floor. 7. We have 33 on-site parking spaces. This should be sufficent for 15 condominiums. We are in the process of finishing a parking study on our Rams-Horn site that we will � submit to the Town of Vail staff. This parking study already shows that we are experiencing a usage of approximately one parking space per condominium. 8. We cannot wait until the Vail Village Master Plan is adopted. This delay would make it too late for us to enter a construction phase this summer. We would propose to immediately furnish the existing condominums and put them into the rental pool. For the existing condominiums, we would ask for relaxation of the Use Restriction from two weeks to eight weeks. For the new third floor units we would voluntarily observe the Rental Obligation. Our proposals, if adopted, will lead to conformance with the proposed Vail village Master plan in terms of increased density and usage of properties in the core area. Res ectfully submitted, O�'� �� Dave Garton � �' =�� Tim Garton cc: Mayor Paul Johnston Vail Town Council i' l 0 NIELS W. JOHNSEN ONE WHITEHAI_L S iREE f Nt_ w Y��r�K. N. Y. 10004 Mr. David Garton Rams-Horn Partnership Ltd. Rams-Horn Condominium Vail, Colorado 81657 Dear Mr. Garton: January 27, 1987 As requested in your undated letter, we have signed and return � herewith authorization for you to execute the application requested in the attached acknowledgment. / Sincerely yours, � �_. Nti'JJ :mf Enclosure ��'�/ ` '. � � 0 / � The undersigned hereby authorizes Rams-Horn Partnership, Ltd. to execute an application for a Special Development District For The Rams-Horn Lodge in Vail, Colorado. The intention of this Special Development District is to provide Rams-Horn Partnership, Ltd. with the ability to add a third story on the south wing of the Rams-Horn Lodge. This addition would be in substantial conformity to the elevations shown in the attached architectural plans. I _- /� � ' ' — ! . " " � .if �� ' �� -Z- G-�.i �Y : L' - Niels 4T. 'Johnsen Y Units 16 & 17 1 � � BY : ;� � a ��..1—�--� -� . L Atillicent M. ohns n Units 16 & 17 0 � i � , � � . a � � o �� y � � n.l [1 � �'ro , 80. � r_ ,� !_ pa � ��.i 11_ �u . � 1► �Ln- r - � � ' ' LL.I ' �..._ . 1_ �_) C _- �.. � W � c� G ,. Z O �— Q > W J - W �,— .� N Q �- W �` 0 ORLANDO February 6, 1987 Mr. Tim Garton Rams-Horn Partnership, Ltd. Rams-Horn Lodge Vail, Colorado 81657 Dear Tim: I am in receipt of xour letter dated January 29, 1987, describing the proposed altezations to the Rams-Horn Lodge, and the accompanying authorization regarding the requested zoning change. Although my brother and I have no objection to the zoning change per se, we are unable at this time to authorize any further action without having reviewed a�ll pertinent documentation. Accordingly, this letter will serve as authorization on behalf of my brother, Harold, and I, for you to seek a new zoning classification. However, we expressly do not authorize any further action to be taken which impairs our ownership rights, until we have had the opportunity to review architectural plans and other necessary documentation, and until we have reached a binding legal agreement regarding indemnification, in case of any resuiting damage to our interests. Additionally, Harold and I will be required to seek advice of our Florida counsel, Mr. Jim Byrd of Baker & Hostetler, from time to time should the proposed renovation be undertaken. It is our position that this cost should be borne by the developer, as we are not receiving any benefit from the proposed renovation. You are invited to speak with Mr. Byrd, if ,you wish, regarding his estimate of the amount of legal work which will be necessary in order to protect our interests in this regard. His address and phone number are: James S. Byrd, Jr., Esquire BAKER & HOSTETLER 1300 Barnett Plaza Post Office Box 112 Orlando, Florida 32802 (305) 841-1111 Tim, I look forward to working with you in this regard, and I am confident that we can reach an agreement which is acceptable to all involved. Very truly yours, � ' �� ,�., L' �!,,�I� �� i � / Marshall S. Cohn (as agent for and Harold Cohn) t, ". � i;;,., y �i �3 �C- "�-�--�.� Marshall The undersigned hereby authorizes Rams-Horn Partnerahip, Ltd. to execute an application for a Special Development District For The Rams-Horn Lodge in Vail, Colorado. The intention of this Special Development District is to provide Rams-Horn Partnership, Ltd. with the ability to add a third story on the south wing of the Rams-Horn Lodge. This addition would be in substantial conformity to the elevations shown in the attached architectural plans. � ' �BY , , �, L_, R er P. Anderson Unit C-1 � �� r � � sY: �` / .�ci�.� �' �C-L��.F:L ,;� / ancy r�Ariderson Uni t �r-" 1 , - �• ��, MORTER � � ,: -- ; s--. ,- ,,._ T ,_ June 15, 1987 Application For Special Development District Rams-Horn Lodge 416 Vail Valley Drive Addendum To Application The purpose of this application is to construct a third floor addition to the existing Ramshorn Condominium Lodge project. The addition consists of two 3-bedroom units and one two-bedroom unit, (as further set forth in the attached plans and specifications). Three of the bedrooms (with se- parate access to the hallway) will be restricted pursuant to the Condominium Conversion Ordinance. Because of the definition of Lodge in 18.04.210 whereby more than 500 of the GRFA must be devoted to accommodation units it becomes necessary to classify the property as a Special Development Distr'c rather than a straight Public Accommodations Zone. � i con _r � '' d�i�6'l: i c ��—Lr�vs i.ivia vi i G) ,,,.�. Currently 13,123 square feet of GRFA is on site with approximately 5,055 square feet of GRFA being added. The additional square footage, however, would be in dwel- ling units and therefore the definition of a Lodge would not be met. Regarding the number of units, the project currently con- sists of 17 condominium units because of the past need to conform to 18.04.210. The project, however, is only sel- ling eleven suites as set forth below: Suite No. 1 2 3 4 5 6 7 8 9 10 11 Condominium No. 1 2,3 4,5 6 7 8 9,10 11 12,13 14,15 16,17 � �� i� .. . Y MORTER%�RCH ITECTS June 15, 1987 Application For Special Development District Rams-Horn Lodge 416 Vail Valley Drive Addendum To Application Page -2- With three additional units we would have fourteen total units for sale under the new Special Development District. For parking, there currently exists 33 spaces on site which allows 2.36 cars per unit. (See also the project parking study as attached for actual usage.� The applicant proposes to upgrade existing outdoor recre- ational facilities by relocating and reconstructing the pool equipment building, and by constructing a twelve per- son whirlpool tub. � � � , , . ' �sroads at va, ��I Colorado8�6`� A. BUFFER ZONE Not applicable. B. CIRCULATION SYSTEM Not applicable. C. FUNCTIONAL OPEN SPACE MORTERA(�CH ITECTS RAMSHORN THIRD FLOOR ADDITION Design Standards The applicant is installing a new twelve-person hot tub, and constructing a new pool-equipment building in a less visible location. D. VARIETY OF HOUSING TYPES Town of Vail calculations indicate 17 accommodation units and 7 dwelling units currently exist. The appli- cant proposes �Sadditional accommodation units, and/ three additional dwelling units� Z�ufi�-�1•. G✓�-�.�l��e n�st�� /7, iG.o7� E. PRIVACY Not applicable. F. PEDESTRIAN TRAFFIC Not applicable. G. BUILDING DENSITY, SITE RELATIONSHIP, BULK Site relationships remain the same. In the recent Vail Village study, this site was identified as a site which could be considered for additional density and bulk. A total of 18,177 GRFA is proposed, composing fourteen condominium suites. 1 � MORTER ��I�C�H IT�� RAMSHORN THIRD FLOOR ADDITION Design Standards Page -2- H. BUILDING DESIGN The building's orientation and spacing remain the same. The proposed addition will be sheathed in wood siding to provide proper balance and visual interest. Stucco, trim, windows, and roof will match existing. Wood sid- ing will receive a medium tone grey beige stain. The building has more than adequate storage. Signage and lighting will be in accordance with Town of Vail regulations. Solar blockage will be somewhat increased at the courtyard in late afternoon. I. LANDSCAPING Landscaping will not be changed. � � Application Date iNay 26, 1987 PEC MEETING DATE APPLICATION FOR A VARIANCE June 22, 1987 I. This procedure is required for any project requesting a variance. The application will not be accepted until all information is submitted. A. NAME OF APPLICANT ADDRESS Ramshorn Partnershi 416 Vail Valley Drive Vail, Colorado B. NAME OF APPLICANT'S REPRESENTATIVE Morter Architects ADDRESS 143 E Meadow Drive, Suite 300 Vail, Colorado C. NAME OF OWNER(S pe or print Siqnature(s) G�'w't'�1 _ � ADDRESS D. LOCATION OF PROPOSAL Rams�orn Partnership 416 Vail Valley Drive Vail, Colorado PHONE 4�6-5075 PHONE 476-5105 PHONE 476-5075 ADDRESS 416 Vail_ Valle.v Drive LEGAL DESCRIPTION LOT A BLOCK 3 FILING Uail Village Fifth E. FEE $100 PAID S 2 6 � � CK #/ 6 u i � FROM ;'C�� l�� ,h �� /� e� s G`� THE FEE MUST BE PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT WILL ACCEPT YOUR PROPOSAL. F. A list of the names of owners of all property adjacent to the subject property INCLUDING PROPERTY BEHIND AND ACROSS STREETS, and their mailing addresses. THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT MAILING ADDRESSES. II. A PRE-APPLICATION CONFERENCE WITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED TO_'�DETERMINEIF ANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION WILL BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE AN APPOINTMENT WITH THE STAFF TO FINO OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS. � PLEASE NOTE THAT A COr�PLETE APPLICATION WILL STREAMLINE THE APPROVAL PROCESS FOR YOUR PROJECT BY DECREASING THE NUh1BER OF CONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE �� COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED. ' ,. ; , ,. I�I. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED: A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: � 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. OVER � � Variance -2' 3. The effect�of the variance on light and air, distribution of population, transp�rtation, traffic facilities, utilities, and public safety. B. A topographic and/or improvement survey at a scale of at least �" - 2�' stamped by a Colorado licensed surveyor including locations of all existing improve- ments, including grades and elevations. Other elements which must be shown are parking and loading areas, ingress and egress, landscaped areas and �� utility and drainage features. � C. A site plan at a scale of at least 1" = 20' showing existing and proposed buildings. D. All preliminary building elevations and floor plans sufficient to indicate the dimensions, general appearance, scale and use of all buildings and spaces existing and proposed on the site. E, A preliminary title report to verify ownership and easements F. If the proposal is located in a multi-family development which has a hcmeowr�ers' association, then written approval from the association in support of the project must be received by a duly authorized agent for said association. G. Any additional material necessary for the review of the application as determined by the zoning administrator., * For interior modifications, an improvement survey and site plan may be waived by the zoning administrator. IV. Time Requirments The Planning and Environmental Commission meets on the 2nd and 4th Mondays � of each month. A complete application form and all accompanying material (as described above) must be submitted a minimum of 4 weeks prior to the date of the PEC public hearing. No incomplete applications (as determined by the zoning administrator) will be accepted by the planning staff before or after the desig- nated submittal date. 0 r . '�d 143 East Meadow : Crossroads at Vai! Vail. Colorado 816`. o,-� . . � .. .. .. . � MORTER ARCH ITECTS May 26, 1987 Application For Rams-Horn Lodge 416 Vail Valley A Variance Drive Precise Nature Of The Variance Requested The applicant requests to amend a variance granted October 14, 1985 (see accompanying drawings in regards to the vari- ance granted). The granted variance places the new pool equipment room under an existing deck (see drawings). The applicant re- quests that the new pool equipment room be relocated to the southeast end of the existing pool. As shown on the draw- ings, the new pool equipment building would be approximate- ly 30o smaller than the existing pool equipment building and would be well below street lev�l and screened by the existing pool fence. The regulations involved are Section 18.22.060, Public Ac- commodations District - Setbacks, and Section 18.58.02.0, paragraph A, Supplemental Regulations - Recreationai Ameni- ties, of the Town of Vail Zoning Ordinances. Relationship To Other Uses & Structures In The Vicinitv This proposal could only be welcomed by the users of this area. The changes will: 1. Replace an aging, utilitarian structure with a new, less visible structure. 2. In general, greatly improve the appearance and function of this area. This area deserves the best design ef- forts, as literally every user of Gold Peak travels by here, either on foot, by bus, or car. Degree To Which Relief From The Strict Or Literal Interpre- tation & Enforcement Of A Specified Regulation Is Necessarv To Achieve Compatibility And Uni.formitv Of Treatment Amon Sites In The Vicinity Or To Attain The Ob'ectives Of This Title Without Grant Of Special Privileae � � � • MORTER ARCH ��ECTS May 26, 1987 Application For Rams-Horn Lodge Page -2- A Variance No special privilege would be granted by the requested amendment to the granted variance of October 14, 1985. As stateci in Section 18.58.020, paragraph A, Supplemental Re- gulations -"Recreational amenities may be exempted from setback requirements based on the review by the Design Re- view Board." The accompanying drawings show the degree of impact the new pool equipment building will have environmentally and/or aesthetically. Effect Of The Variance On Light & Air, Distribution of Pop- ulation, Transportation, Traffic Facilities, Utilities, & Public Safety This proposal's effect on light, air, distribution of popu- lation, utilities, transportation, traffic facilities, and public safety is nil. Summary To quote portions of Chapter 8.02, the Town of Vail Zoning Ordinance: 18.02.020 Purpose General Provisions, of A. These regulations are enacted for the purpose of promo- ting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. These regulations are intended to achieve the following more specific purposes: 5. To conserve and maintain established community qua- lities and economic values; a ♦ � � �U��'E�.ARCH ITECTS May 26, 1987 Application For A Variance Rams-Horn Lodge Page -3- 6. To encourage a harmonious, convenient, and workable relationship among land uses, consistent with muni- cipal development objectives; 8. To safeguard and enhance the appearance of the town; 10. To assure amenities adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters; 11. To otherwise provide for the growth of an orderly and viable community. The applicant requests to amend a previously granted vari- ance without effecting the quality of the environment of this very prominent location in our village. The result of his efforts will be the successful realization of the pur- poses of the Town of Vail's very Zoning Ordinance. � May 26, 1987 ra�s- or� VAIL, COLORADO B1657 PHONE (303) 476-5646 Town of Vail Planning & Environmental Commission 75 South Frontage Road Vail, Colorado 81657 Dear Council: � Please be advised that the Rams-Horn Lodge Condominiums Homeow- ner's Condominium Association has reviewed the application for a variance for the Rams-Horn Lodge and support this application. Sincere7�.y, �` a.t 1`� I Timothy R. Garton President Rams-Horn Lodge Condominium Association � �" a� � David Garton Vice-President Rams-Horn Lodge Condominium Association A �rofess�onai Corporat�ur � � 143 East Meadow Crossroads at Vai' Vait. Colorado 816 IVIORTER ARCH ITECTS May 26, 1987 Application For A Variance Rams-Horn Lodge 416 Vail Valley Drive Adjacent Property Owners Garden Of The Gods Club A.G. Hill 2500 lst National Bank Building Dallas, Texas 75202 Tivoli Lodge Robert Lazier 360 Hanson Ranch Road Vail, Colorado 81657 Vail Trails Chalet Association Sharon Himsel 415 Sunnyside Lane Boulder, Colorado 80302 Vail Trails East Condominium Association Charles Cowperthwaite 303 East 17th Avenue, Suite 1000 Denver, Colorado 80203 Al1 Seasons Condominium Association Art Kittay 434 Gore Creek Drive Vail, Colorado 81657 Vail Associates, Inc. P.O. Box 7 Vail, Colorado 81658 . ,p � � T0: FROM: DATE: � Town Council �� Community Development Department May 19, 1987 SUBJECT: Request to modify the use restriction on Condominiums which limits owner useage to in the winter and two weeks in the summer seasons. Applicants: Mr. David Garton and Mr. Tim I. THE REQUEST the Ramshorn two weeks high Garton The applicants are requesting to modify the use restriction on an owner's useage of Ramshorn condominiums. Presently, Section 17.26.075 A.l of the Subdivision Regulations concerning condominium conversion states: "An owner's personal use of his unit shall be restricted to 14 days during the seasonal periods of December 15 through April 15 and 14 days during June 15 through September 15. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or a nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable..." This ordinance was adopted in August 1982. The applicants are requesting that: 1. 2. 3. The owner's personal use restriction be removed completely from the condominium conversion section of the Subdivision Regulations. A restriction be placed on the lodge units that are converted to condominiums so that the units may not be used as permanent residences. Unsold condominiums would be required to be furnished and placed in the open market rental program until sold. 4. Condominium owners would be required to place their units into a rental pool when not being used by the owner. This requirement is already addressed in the code through Section 17.26.075C: � The converted condominium units shall remain available to the general tourist market. This condition may be met by inclusion of the units , �, . C II. a �� of the condominium project at comparable rates in any local reservation system for the rental of lodge or condominium units in the Town. 5. This change to the use restriction could be considered as a"sunset amendment." As an example, the change in the ordinance could be reviewed in one to two years to determine if the amendment is still appropriate. If the amendment is deemed inappropriate to the Town's economy, the ordinance would be revised. The applicants have provided the following reasons as to why the request is warranted: 1. It appears to be accepted that condominiums in the core areas are desirable if: a. They are rented out when the owner is not using them b. They are rented or lived in short term (not used as a primary residence) 2. It is very unlikely that anyone would live full time in a core area condominium because it is economically unfeasible. The Lifthouse Lodge has 45 studio condominiums. The units have sold at prices between $20,000 and $100,000. No owners have ever lived there. No one has ever rented long term through the winter. 43 of the 45 owners voluntarily rent short term. (Please see the letter from the applicants for further information on Ramshorn condominium prices. BACKGROUND ON THE REQUEST March 24, 1987 Town Council Work Session The Council first reviewed this request on March 24, 1987. The original request was to change the use restriction for the Ramshorn Condominiums from two weeks during the winter and summer high seasons to eight weeks. The applicants proposed that owners be obligated to put their units on the open rental market when the units were not being used. It was also proposed that unsold condominiunms would be furnished and put into the rental pool. The staff's position was that a four week restriction be used during the winter and � seasons along with the rental obligation unsold condominiums for the rental pool. -2- owner use summer high and furnishing of . � , � � � The Council requested that the staff provide information . on numbers of accommodation units and amenities associated with Vail lodges. The Council's opinion was that perhaps C it might be feasible to remove the use restriction for only small lodges. � ril 21, 1987 Town Council Work Session At the April 21st meeting, the staff presented the research results which listed 20 lodges throughout the Village and Lionshead. The numbers of accommodation units per lodge ranged from the Plaza Lodge having 10 accomoda- tion units to the Marriott Mark with 284 accommodation units. There was a natural division between small and large lodges so that lodges having 10 to 37 accommodation units were considered to be small, and lodges having 38 or more accommodation units were considered to be large. 45% of the total number of lodges fell into the category of a small lodge (10 - 37 units). 18% of the total number of accommodation units are in small lodges (261 accommodation units out of 1,419 total units). Please see the attached chart. The applicants presented a revised proposal which called for removing the owner use restriction entirely, with the conditions that the units not be used as primary residences, units not being used by the owner would be placed in a short term rental program, and unsold units would be furnished and put into the short term rental pool. This amendment would apply to all lodge conversions. The staff position remained the same and allowed for 4 weeks for each of the winter and summer seasons. Also, it was recommended that the use restriction change be applied to all properties. The Town Council made the following general comments on the use restriction: 1. The short term rental rates of the units should be at market rates when they are not used by the owner. 2. The furnishing and renting of unsold units is important. 3. No owner use restriction is probably reasonable as long as the owner would not be allowed to use the unit as a primary residence. 4. It was mentioned that the upgrading of the lodge is more feasible if there are not separate ownerships. -3- C C � � .,.. Aspen was cited as a community that had previously had some difficulty in upgrading lodge units and that we should not try to discourage a lodge owner from upgrading the property. 5. In general, it seemed that the Council felt that lifting the use restriction was reasonable as long as the units would be short termed when not used by the owner and that the owner would not use the owner as a primary residence. III. STAFF RESEARCH The staff contacted several planning offices in ski towns to find out what type of restrictions these communities had on lodges being converted to condominium projects. Below is a list of the communities that were contacted: 1. Steamboat Springs: Planner Mr. Jim Ferro Steamboat Springs has no similar use restriction. Basically, the market decides how the units will be managed. Their biggest concern is with parking when lodges convert to condo projects. Their opinion is that short term use requires less parking than long term occupancy. Recently, a lodge was condominiumized with the condition that a deed restriction be included that limited long term occupancy to 30 days. This use restriction was due to the concern that long term occupancy tends to increase parking requirements. 2. Telluride: Planner Mr. Bob Matatall Telluride has no restrictions on coverting lodges to condominiums. Most of their units are condominiums and are short term. He stated that out of 3,300 "pillows," 2500 "pillows" are located in condominium projects. Telluride has only two hotels and several bed and breakfasts that are completely short term development. Telluride appears to have a problem with not enough lodges and a glut of condominiums. 3. Aspen: Planner Mr. Steve Burst Aspen has the use restriction of 14 days during the period of December 18 to March 20. They do not have any restriction during the summertime. In order to amend the use restriction, Aspen requires an amendment to the ordinance so that the change is for all lodges. One time share owner requested that the -4- � � �} � � IV. 4. � C� 7. � � regulations be relaxed concerning restrictions on marketing and the composition of the use packages offered to potential owners. This request was granted, as Aspen felt that it was better to loosen up the restrictions than to have the project fail. Crested Butte: Town Manager Mr. Bill Crank Crested Butte has no special use regulations. Breckenridge: Director of Plannin Mr. John Hum hreys Breckenrige has no use restrictions. Park City, Utah: Planner Ms. Suzanne Macintyre Park City has no special requirements governing the conversion of lodges to condominiums. Snowmass: Planner Sally Vecchio; Town Manacter Snowmass has no regulations governing use restrictions. From this research, Aspen and Vail are the only ski towns that have restrictions on the owner's use of lodge units that are converted to condominiums. STAFF RECOMMENDATION: Staff's recommendation is that the use restriction be 4 weeks during the period of December 18th to March 20th and 4 weeks during the period of June 19 to September 11. This slight change in the high season periods frees up an additional four unrestricted weeks in the winter and one additional week of unrestricted use in the summer time. Staff agrees with the applicant that when the units are not being used by the owner, they should be available through a short term rental program. However, this issue is already addressed through the existing conversion ordinance. Staff also agrees with the applicant that the ordinance should require that units are furnished and rented even before the units are sold so that units do not remain vacant and unused. Our recommendation has remained essentially the same, due to the following reasons: 1. The Vail Resort Association is primarily responsible for the short term booking of units for guests who visit Vail. According to their figures, 1,470 accommodation rentals are available for short term rental. 1,764 condominium units are available for short term rentals. In other words, 450 of the units -5- • � � available for short term rentals are accommodation units. To eliminate the use restrictions entirely could have negative impacts on the short term booking ability of Vail Resort Association, particularly during Vail's high seasons. Staff would like to discuss the use change with Mr. David Kanally to understand VRA's position on the request. 2. The Town is initiating a study on the potential of a Congress Hall. Recently, the consulting firm of Economics Research Associates (ERA) was chosen to do the market analysis for the project. Staff discussed the proposed use restriction change with the consultant. ERA stated that the study would be evaluating Vail's assets and liabilities in respect to a Congress Hall. In determining whether a Congress Hall is feasible for a community, it is important to know the amount of commitable short term accommodation units available in the community. In general, the consultant stated that the more traditional stable short term lodge bed base was an attractive asset for a Congress Hall facility. However, the consultant is only beginning research on the Congress Hall project, and it is clearly too early to make any absolute statements as to how the change in the use restriction would affect the Cfeasibility of a Congress Hall. The consultant plans on presenting a preliminary report to the Council within approximately six weeks. It is felt that this report may be able to shed some light on the issue of how important short term accommodation units are to Vail's tourist economy as well as the feasibility of the Congress Hall project. It is staff's opinion that it would be prudent to review this preliminary report before making any final decision on this issue. 3. Several policy planning documents have indicated that preserving the short term bed base is an important goal for our community. The adopted Land Use Plan states that: 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionhead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. � � � � Although the Vail Village Master Plan has not received final approval, the draft policy statements indicate the same concern for preserving the short term bed base. The draft document has received support at public meetings and several Town Council and Planning Commission review sessions. Goal #2 To foster a strong tourist industry and to promote year-around economic health and viability for the Village and for the community as a whole. Objective #3. To increase the number of residential units throughout the Village area available for short-term overnight accommodations. Policy: The development of accommodation units are strongly encouraged. Any residential units that are developed above existing density levels shall be designed or managed in a manner that makes them available for short-term rental. 4. The applicants have stated that, "It is very unlikely that anyone would live full time in a core � area condominium--because it is economically unfeasible." Staff's opinion is that it is important to look at all the lodges throughout the community and not just focus on lodges immediately in the core areas. The Vail Resort Association lists many accommodation units that are available for short term rentals which are located in projects outside of the core areas. The Raintree Inn (97 a.u.'s) and Best Western Vail Glo (34 a.u.'s) are examples of projects that are perhaps feasible to convert to con- dominiums. It is also questionable as to what the future market conditions will be which could affect whether or not people live full time in converted condominiums regardless of where the units are located. 5. Staff research investigated a variety of ski economies. Aspen is the closest comparison to Vail as far as being an economy that is very tourism oriented. Even though Aspen does not have the summer use restriction, staff recommends that the use restriction be applied to the summer season, as our community has been trying to improve Vail as a year- around resort. The summer season is important to achieving a year-around resort. � _�_ .� .r, r �;. ... y..-�__: __ � . :.:.. .. 'k4='�^-a..�i�i�%,�r= .�"ti N . f�?��.='. J�#':�-G ' _ 4 _ " � _ i .�' -'�;"�.,...a�'�'�'"'��j��#.."�3�r-i...+r,�� .�.,}S.j�„ur�,,G`!w,�. b .7:y�G�.a.,.fri��. 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J C� (.J W 1-,] N N�' 1 .p 1 p W m O� O A N�p N h; �. m CV �.A �-` p7 O� N O 1 [!) 1 1 I ' 1 n Y[ st x a< a�C ac f[ x Y< a. iK as s[ TC 1 � I � ' � � I , � � � 1 � T[ s�[ st >t x Yc ss ac ac a� a� ic x as x ![ I O � � � � � � i � a.c s< s.c sc a< a.c a< se a< a.. ac ac as sc ss i � � � i - � i c sc x sc sc as sc a� a� as a. ss as sc sc rc x i a. i � i a i '� 3 � m m a� ac �.c x s� x re sc ac sc s< �c >c � ,-.� y t Y 1 � 1 � ^ m � � � � x a< x x x aa ai as a�c x a:c ac x ac : x a.c �.e � v � a 1 � 1 1 �'+ 1 �O Ys T'[ 1 � 1 � 1 � 1 t11 � � c� r o, o 0 -+ � v I'1 G Q7 � o m N n 77 °� � o «.- < �c .o �v � m � z o"• G o m � z � '� O ID �+ T � W 1 � i- _ ., � MAY 12, 1987 TO: FROM: RE: • WHOM IT MAY CONCERN MEMORANDUM n � BOB MATATALL, ASSISTANT TOWN PLANNER PROCEDURES FOR CONDOMINIUMIZATION The following attached lists are what is required for submission. We need three copies of each for review by the Town Planner, Building Official, and Attorney ( 1 copy for each). If the submission is an amendment to a previously recorded plat or a resubdivision, we need three copies of the original plat and condo declarations as well. When submitting the plat for review, do not put the signatures and seals on until the format, and substance are approved by the Town (this will save you running around). However, all signatures must be on the mylar prior to the Town Attorney's final review and signing. Also, keep the original mylar until all is approved. Once everything is in order and preliminary approval is granted by staff, all the required signatures, stamps and dates can be affixed to the original mylar. The required staff signatures will be affixed and it can be filed and recorded at the courthouse. Once the location of recordation is put on the original plat a blueprint of the original is to be returned to the Town Planner for our files. The fee for condominiumization review is $200.0o plus $20.00 per unit. This is to be paid to the Town upon initial submission. No review will occur until this fee is paid. Due to other review by the Town staff and the differing schedules of the three officials involved, please allow plenty of time for the proper review. A minimum of three weeks should be planned for. While staff will make every effort to accommodate your schedule, deadlines imposed on you by mortgage companies�etc... are your deadlines, not ours. This is an administrative procedure and requires no meetings before boards and commissions. It should be noted that all condominium applications have to meet State Statute requirements. , r ! CHECKLIST FOR CONDOMINIUM SUBDIVISION Checklist under Chapter 1309 of Ordinance #422. 1. Payment of Review Fees to the Town. 2. Review by Town Planner and Town Building Inspector. 3. Final plat to be prepared upon such approval ONLY. 4. Condominium Declarations and Home Owners' Association Papers to be submitted to the Town Attorney for review. Please fill in page numbers for reference on attached Condominium Declaration and By-Law sheets to facilitate Town review and have them signed by your attorney. Any submission shall contain at least all of the following: a. Name of Condominium b. Written and graphic scale c. North arrow d. Date of preparation e. Lot line to the hundredth foot f. Floor plans and elevations to show all units, common elements, and limited common elements, all of which must be labeled as such g. The adjoining property zoning and existing density h. Required parking spaces i. Joint trash collection areas j. A separate written statement containing the following: i. Number and type of units ii. Acreage and percentage of open space iii. Ground area to floor area ratio iv. Names and addresses of the property owners and developer k. Proof of ownership (Deed) 1. The final subdivision plat shall addition to the above information of the condominium subdivision by streets, lots, and blocks. contain in the location reference to 5. Signatures on the plat of property owner(s), notary public (notarizing owner's signature), attorney and land surveyor. 6. Signature of Town Attorney will be affixed after all other information and signatures are complete. � � • CONTENTS OF CONDOMINIUM BY-LAWS [NOTE: These requirements do not apply to a) commercial or industria] condominiums or any other condom�niums not used Lur rc.:5icic:iiLial us�; arid 1�) �and�iuitiiuins �1 l�ii units or less.] REQUIREMENT 1. The election from among the unit owners of a board of managers, the number of persons con- stituting such board, and that the terms of at least one-third of the members of the board shall expire annually; the powers and duties of the board; the compensation, if any, of the members of the board; the method of removal from office of members of the board; and whether or not the board may engage the services of a manager or managing agent, or both, and specifying which of the powers and duties granted to the board may be delegated by the board to either or both of them; however, the board when so delegating shall not be re- lieved of its responsibility under the declaration. 2. The method of calling meetings of the unit owners; the method of allocating votes to unit owners; what percentage of the unit owners, if other than a majority, constitutes a quorum; and what percentage is necessary to adopt decisions binding on all unit owners. 3. The election of a president from among the board of managers, who shall preside over the meetings of the board of managers and of the unit owners. 4. The election of a secretary, who shall keep the minutes of all meetings ofthe board of managers and of the unit owners and who, in general, shall perform all the duties incident to the office of secretary. 5. The election of a treasurer, who shall keep the financial records and books of account. The treasurer may also serve as the secretary. 6. The authorization to the board of managers to designate and remove personnel necessary for the operation, maintenance, repair, and replace- ment of the common elements. 7. A statement that the unit owners and their mortgagees, if applicable, may inspect the records of receipts and expenditures of the board of managers pursuant to section 38-33-107 at con- venient weekday business hours, and that, upon ten days' notice to the manager or board of managers and payment of a reasonable fee, any unit oc,�r:er shall k�e furni shed a:: ta.tement of his account setting forth the amourt of any unpaid assessments or other charges due and owing from such awner. 8. A statement as to whether or not tl7e condomin- ium association is a not for profit corporation, an unincorporated association, or a corporation. 9. The method of adopting and of amending administrative rules and regulations governing the operation and use of the common elements. 10. The percentage of votes required to modify or amend the bylaws, but each one of the par- ticulars set forth in this section shall always be embodied in the bylaws. PAGE � REQUIREMENT �J 11. The maintenance, repair, replacement, and improvement of the general and limited common elements and payments therefore, including a statement of whether or not such work requires prior approval of the unit owners' association or corporation when it would involve a large expense or exceed a certain amount. 12. The method of estimating the amount of the budget; the manner of assessing and collecting from the unit owners their respective shares of such estimated expenses and of any other expenses lawfully agreed upon; and a statement concerning the division, if any, of the assessment charge between general and limited common elements and the amount or percent of such division. 13. A list of the services provided by the unit owners' association or corporation which are paid for out of the regular assessment. 14. A statement clearly and separately indicating what assessment, debts, or other obligations are assumed by the unit owner on his condominium unit. 15. A statement as to whether or not additional liens, other than mechanics' liens, assessment liens, or tax liens, may be obtained against the general or limited common elements then existing in which the unit owner has a percentage ownership. 16. Such restrictions on and requirements respecting the use and maintenance of the units and the use of the general and limited common elements as are designed to prevent unreasonable interference with the use of their respective units and said common elements by the several unit owners. 17. Such restrictions on and requirements con- cerning the sale or lease of a unit including rights of first refusal on sale and any other restraints on the free alienability of the unit. 18. A statement listing all major recreational facilities and to whom they are available and clearly indicating whether or not fees or charges, if any, in conjunction therewith, are in addition to the regular assessment. 19. A statement relating to new additions of general and limited common elements to be con- structed, including but not limited to: a) The effect on a unit owner in reference to his obligation for payment of the common expenses, including new recreational facilities, costs, and fees, if any. b) The effect on a unit owner in reference to his ownerch�p intere�t in the existing qeneral and limited common elements and new general and limited common elements. c) The effect on a unit owner in reference to his voting power in the association. [ATTORNEY'S OPINIONJ PAGE I certify that the condominium project known as complies with the Colorado Condomium Ownership Act and its amendments. Date: Attorney-At-Law Colorado Reg. # -2- RLQUIRLMENT • �� CONTENTS OF CONDOMIUM DECLARATION 1. Provision for filing of record of map properly locating condo unit. 2. The name of the condominium property, which shall include the word "condominium" or be followed by the words "a condominium". 3. The name of every county in which any part of the condominium property is situated. 4. A legally sufficient description of the real estate included in the condominium property. 5. A description or delineation of the boundaries of each condominium unit, including its identifying number. 6. A statement of the maximum number of condominium units that may be created by the sub-division or conversion of units in a multiple-unit dwelling owned by the declarant. 7. A description of any 8. A description of all limited common elements. general common elements. 9. A description of all general common elements which may be conveyed to any person or entity other than the condominium unit owners. 10. A description of all general common elements which may be allocated subsequently as limited common elements, together with the statement that they may be so allocated, and a description of the method by which ti�e allocations are to be made. 11. An allocation to each condominium unit of an un- divided interest in the general common elements, a portion of the votes in the association, and a percentage or fraction of the common expenses of the association. 12. Any restrictions on the use, occupancy, or alien- ation of the condominium units. 13. The recording data for recorded easements and licenses appurtenant to, or included in the condominium property or to which any portion of the condominium property is or may become subject. 14. Reasonable provisions concerning the manner in which notice of matters affecting the condominium property may be given to condominium unit owners by the association or other condominium unit owners. (ATTORNEY'S OPINION� PAGE I certify that the condominium project known as complies with the Colorado Condominium Ownership Act and its amendments. Date: Attorney-At-Law Colorado Reg. #k s u B. The following statement shall be required on the final condominium plat and shall be worded substantially as follows: 1. Heading: The heading of the final plat shall include the complete name of the condominiun� subdivision, the land section, township, ranqe, principal meridian, lots and block, Town of Telluride, San Pliquel County, Colorado. Also, where applicable, the United States mineral claim name, number and mining district shall be shown; 2. Dedication: Know all men by these presents: That (printed name of owner), being the owner(s) of the land described as follows: (insert legal descrip- tion of land being subdivided and include area in acres to two decimal places) in the Town of Telluride, San Miguel County, Colorado, under the name of (complete name of condominium subdivision in capital letters), has laid out, platted and subdivided same sa shown on this plat, and by these presents do(es) hereby dedicate to the perpetual use of the Tok�n of Telluride, San Miguel County, Colorado, the streets, alleys, roads and other pu�lic areas as shown hereon (where applicable) and hereby dedicate those portions of land labeled as easements for the installation and maintenance of public utilities as shown hereon. In witness hereof the said (printed name of owner(s) has caused his name to be hereunto subscribed this day of , A.D. 19 _ BY: Owner 3. PJotari al . "State of Colorado County of " The foregoing instrument was acknowledqed before me this day of , A.D. 19 , by (printed name of owner(s). (If by natural persons here insert name; if by persons acting in a representa- tive official capacity, then insert the name of said person and his capacity; if by officers of a corporation, then insert the names of said officers as the president or other officers of such corporation, naming it). My commission expires on (to be filled in by Notary). Witness my hand and official seal. (Signature) (Seal) Printed Name of Notary Notary Public 4. Attorney's Opinion. "I, (printed name of Attorney), being an Attorney-at-law duly licensed to practice before the Courts of record in the State of Colorado, do hereby certify that I have examiend the title to all lands herein dedicated and shown upon this plat ancl that title to such lands is in the dedicator free and clear of all liens, taxes, and encumbrances, except as follows: (List same or indicate NONE). � �� Dated this day of , A.D. 19 (Signature) Attorney-at-1 aw Attorney' s Colorado License Nur.lber 5. Land Surveyor's Certificate "I, (printed name of Land Surveyor) being a Rec�istered Land Surveyor in the State of Colorado, do hereby certify that this plat and survey of (name of subdivision in capital letters) was made by me and under my supervision and that both are accurate to the best of my knowledge. I further certify that monuments and markers were set as required by the Town of Telluride Subdivision Ordinance. Dated this of , A.D., 19 (Signature) (Seal) Colorado Registration Number (number of registration) 6. Town of Telluride The provisions of the Condominium Declarations recorded in Book at pages to and this Condominium Map, for are hereby approved as being in conformance with all applicable laws of the Town of Tellruide, Colorado. Building Official Date Town Planner Date own Attorney Date 7. San P1iQUe1 County Clerk's Acceptance. (To be placed in the lower right- hand corner of the cover sheet). "This plat was accepted for filing in the office of the Clerk and Recorder of San P1iguel County, Colorado on this day of , A.D. 19 Book ��umber , Page Number , Reception Number , Time ". 8. Recordation of Protective Covenants (if applicable). "Protective Covenants recorded in: Book �lumber , Page Number � � 1 � � �s}r;c �11,L , 5 tiZ�� ^�� S T�1�hlX-- �J�n5�1d � �� s��r�iS 2 Q �� ,�� S�� • • � 1�� Gr��o�� TO: Town Council �� u�y,{�; �,��''\� A \.l..R1�lJ/ �W- � FROM: Community Development Department DATE: April 21, 1987 SUBJECT: Request to relax the use restriction on the Ramshorn Condominiums which presently limits owner useage to two weeks in the winter and two weeks in the summer Applicants: Mr. David Garton and Mr. Tim Garton At the March 24th Town Council work session, the Gartons requested to change the use restriction for the Ramshorn Lodge from two weeks during the winter and summer high seasons to eight weeks. They agreed that owners would be obligated to put their units on the open rental market when the units are not being used. It was also agreed that unsold condominiums would be furnished and put into the rental pool. The staff during the obligation pool. recommended that a four week owner restriction winter and summer high seasons with the rental and furnishing of unsold condominiums for the be used rental The Council requested that the staff provide information on numbers of accommodation units and amenities associated with Si� � � Vail lodges. The attached chart lists 20 lodges throughout the � � Village and Lionshead. The numbers of accommodation units per lodge range from the Plaza Lodge with 10 accommodation units to the Marriott Mark with 284 accommodation units. There is a natural division into two groups of lodges. Those lodges that have 10 to 38 accommodation units, and lodges having 38 or more accommodation units. 45% of the total number of lodges fall into the category of a small lodge (10 - 38 units). 18% of the total number of accommodation units are in small lodges (261 accommodation units out of 1,419 total units). Please see the attached chart. STAFF POSITION The staff position is that the use restriction should be changed to four weeks for each of the winter and summer seasons. The change in the use restriction should be applied to all t,��`i-j properties that fall under the use restriction requirements of � the subdivision regulations. Our opinion is based on the �� following points: �� • � �� 1. � �� p�(�' U,N�i�. t -; Small personalized lodges are important � maintaining the personalized high service character of Vail's lodging. Without any owners' use restriction, these lodges could become long term residential units. It is our opinion that this would have a negative impact on many guests who J a. C � appreciate this type of lodging. During Land Use and Vail Village Master Plan public meetings, it was emphasized that lodging should be maintained in the core areas. The original____intent of the two week use restriction also was ' bas�d on the idea tha o qinq s --- an e avai ist market. 2. If a change is made to the use restriction, it is important � that the adjusted use restriction be applied equally to all ,iJ �`� ` lodges. Staff's opinion is that it is not fair treatment 1 to lift the owners' use restriction for small lodges and not larger lodges. ` For these reasons, staff recommends a four week use restriction with the condition that the Ramshorn owners furnish all the unsold condominiums and put them into the rental pool. The rental obligations for sold condominiums would also be continued. �'�r �• . � T0: Town Council FROM: Community Development Department DATE: March 24, 1987 SUBJECT: Request to relax the use restriction on the Ramshorn Condominiums which limits owner useage to 2 weeks in the winter and 2 weeks in the summer Applicants: Mr. David Garton and Mr. Tim Garton I. THE REQUEST The applicants are requesting to relax the use restriction on an owner's useage of a Ramshorn condominium. In Section 17.26.075 of the Subdivision Regulations concerning converting accommodation units to condominiums, it states that, "An owner's personal use of his unit shall be restricted to 14 days during the seasonal periods of December 15th through April 15th and 14 days during June 15th through September 15th. This seasonal period is hereinafter referred to as 'high season.' 'Owner's personal use' shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable...." The Gartons are requesting to change the use restriction from 2 weeks during the winter and summer high seasons to 8 weeks in the winter and summer high seasons. Owners would be obligated to put their units on the open rental market when the units are not being used during the high season. The applicants are also saying that they would furnish their unsold condominiums and put them into the rental pool. The applicants have submitted the following reasons why this change is justified: "We are unable to sell our Ramshorn condominiums with the current use restrictiion, Municipal Code of the Town of Vail, 17.26.075. Attached to this letter is a copy of our current price list as compared to our original price list. Even with these significant price reductions, we have not sold a Ramshorn condominium since August 1, 1985. Basically the use restriction does not fit the condominium useage pattern extant in ski areas today. • • It has made our condominiums unsaleable. Worst of all for Vail, the unsold Ramshorn condominiums are not being utilized at all by visitors to Vail. The use restriction as it stands right now is unnecessary and intolerble; the rental obligation is both desirable and tolerable. We request that the use restriction be relaxed, not lifted for the Ramshorn condominiums to limit owner useage to 8 weeks in the winter and 8 weeks in the summer. The rental obligation would continue in effect as is. In return, we would furnish all our unsold condominiums and put them into the rental pool." II. DECISION MAKING PROCESS FOR THIS REQUEST Section 17.26.075 F. states that the Town Council is responsible for reviewing any requests to modify the conditions for the conversion of accommodation units to condominiums. This section states: "All conditions set forth within this section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus 21 years. Conversion of accommodation units located within a lodge pursuant to this section, shall be modified only by written agreement of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council." Simply stated, the Town Council has the responsibility to review any requests to modify the conditions of lodge conversions to condominiums. For this reason, staff felt that it would be helpful to have a work session on the request before the issue would be presented at an evening Town Council meeting. After the work session, the applicants would be required to submit their request with the approval of the owners of any of the condominium units and other owners in the project before the Town Council could approve the request to modify the use restriction. Once the Town Council has given their approval of the use restriction, the approval would be written in an agreement signed by the Town Council. It should be noted that this request is project specific and would not apply to other projects that have use restrictions. � III. BACKGROUND ON THE REQUEST � In June of 1984, the new owners of the Ramshorn Lodge requested to convert the lodge into a condominium. This request came under the subdivision regulations Chapter 17.26, Condominium Conversion, with the specific section relating to accommodation unit conversions being applicable. This request was approved by the Planning Commission. Below is a table which explains the existing, proposed and allowable statistics relating to the Ramshorn property. � Accommodation units "A9�" Dwelling units ,J'r Total density Common lobby/lounge Total allowable EXISTING # SQ FT 28 8,146 3 2,479 17 10,625 2 1,337 13 18,572 Parking spaces 33* PROPOSED # SQ FT 17 6,266 7 5,903 15.5 12,169 2 1,038 2.5 6,403 over under 33 *Applicant has ability to add an additional 4 spaces and is required 35 total spaces including the meeting room requirement. Please see the enclosed information related to this request: 1. PEC memo dated 6/20/84 2. PEC minutes 3. Garton letter, 3/4/87 4. Condo Conversion Section 17.26.075 IV. BACKGROUND ON THE USE RESTRICTION The primary principle behind the use restriction was that lodges are a use which should be maintained, particularly in the Village and Lionshead areas. The accommodation unit conversion section of the code allows the ownership to change for a project, but maintains the use pattern as if the project is still operated as a lodge. The use restriction was created so that an owner buying a condominium would have the use of the unit during high season periods for only two weeks per season. This restriction made the unit available to other guests during these high season periods. The concern was that if the use restriction did not exist, the original lodge units would no longer be available to the general public due to being converted to condominium units. For this reason, the use restriction has been applied to any conversion of a lodge to condominiums to maintain available lodge rooms. The second objective of the use restriction is to ensure • • that the rooms will be filled as much as possible. In many condominium projects, owners are not using their condominiums throughout the year and the condos are empty. If the condos are required to be placed on the open rental market when not being used by owners during their two week periods in the summer and winter, these rooms will be available to rent for guests. This ordinance lodge rooms to important that lodge rooms to maintainae ava does make it somewhat difficult condominiums and staff believes it does not become appealing to condominiums, as it is important to lable for the open rental market. to convert that it is However, the staff does realize that the Ramshorn project is not being utilized to its full extent as was intended through the condominium conversion that occurred in 1984. We agree with the applicant that the use patterns have changed in resort communities today as far as how long condominium owners wish to use their units. Some of this change is due to the fact that resort communities no longer have such a speculative market. Those people who actually buy condominiums tend to want to use them more frequently, as they are not buying them solely for investment purposes. Staff has also noticed that the Park Plaza project in Beaver Creek sells five week interval ownership packages covering both the summer and winter seasons. This appears to be more in line with the useage amount of a second home owner in resort areas. IV. STAFF RECOMMENDATION The staff's opinion is that 8 weeks in both the summer and winter high seasons is not an appropriate change to the use restriction. It should be remembered that the Ramshorn was originally a lodge and that during the conversion, it was made clear that even though the ownership changes, the project should still function as a lodge. Our opinion is that if the 8 week restriction is used, too much of the prime time for guest rentals will be taken away from the open market. Our opinion is that a relaxation to 4 weeks for both the winter and summer high seasons is more reasonable. The rental obligation must continue as well as the condition that the Ramshorn owners furnish all the unsold condominiums and put them into the rental pool. Staff's objective is to ensure that the Ramshorn project is utilized by owners as well as guests as much as possible. Our opinion is that the 4 week restriction is a reasonable way to facilitate greater use of the project. Essentially, • • the winter season is 17 weeks and the summer season is 13 weeks. It is felt that 4 weeks during each of these seasons is a reasonable amount of time for an owner to use the condominium. If it is assumed that the owner has 4 weeks during the high seasons, that allows the owner to use the condominium 24% of the time during the winter and 31% of the time during the summer season. Staff feels that this is a reasonable amount of time for the owner's use. If the use restriction is 8 weeks, the owner would have the use of the condominium 47% of the time during the winter season and 62% of the time during the summer season. It is felt that these percentages go against the original intent of the use restriction to keep units available to the tourist market. We also feel that it is very important that the Ramshorn owners furnish their unsold condominiums and put them into the rental pool. The owners have agreed to do this, which should greatly help with the utilization of the project. For these reasons, the staff feels that 4 weeks plus the rental obligation and furnishing of unsold condominiums for the rental pool would be a reasonable solution to the Ramshorn dilemma. �.r-- i. � i � �. _ .- 3: �i -� ��_:;.. . _ �,_;n= � %1 . � J . � � G'�1: DATE: SUBJECT: � ,.-,,,,� ��". . ._. .�J. .'\ 1 ?I,sr.rtn^, ,:^d �.^,vTrnr,^ent�l C�.,�tssi0n � Ccr.:nuni � veiopment Department June 20, 1984 _____ _ - \ Request for a condominium conversion of th� Ramshorn Lodge Applicant: Polar Partnership I. THE REQUEST The Ramshorn Lodge has changed property ownership recently, and the new owners wish to convert the lodge into a condominium and construct a major remodel of the interior of the lodge. This request falls under the sub- division regulations, Chapter 17.26, Condominium Conversion, with the specific section relating to accommodation unit conversions applicable. The applicants are proposing to restrict all but three of the accommodation and dwelling units proposed even though the ordinance requires only the accommodation units to be restricted in terms of owner use. This property encompasses two lots, one which is zoned Public Accommodation and contains 23,216 square feet (.533 acre) and another lot of 6,006 square feet zoned Parking District. The following table explains the existing, proposed, and allowable statistics relating to the property (including parking). Accommodation Units Dwelling units Total Densiiy Common Lobby/Lounge Total Allowable Parking Spaces EXISTING PROPOSED N0. SQ FT N0. SQ FT 28 8,146 17 6,266 3 2,479 7 5,903 17 10,625 15.5 12,159 2 1,337 13 18,572 33* 2 1,OJ8 2.5 6,403 over under 33 * Applicant has ability to add an additional 4 spaces and is required 35 total spaces inc'uding the meeting room requirement. � >> -.�... C �� RAMSHORN -2- �. 6/� These numbers reveal that the number of accommodation units is bein reduced, the number of dwelling units is proposed to increase, a sl reduction in lounge area is proposed, and that the parking needs cai met. It should be noted that part of the request is to eliminate t! existing lounge adjacent to the check-in office area on the main flc of the lodge, while slightly increasin and lower level game room area. The proposal is9toaconstructVanmeeting�room facility where the game room now exists to accommodate approximatel 60 er The net loss in square footage is approximately 300 square feet of common sons. area under this proposed revision. Also, gas fireplaces will be installed in accommodation units, while the creation of seven new wood burning fireplaces would occur in the new meeting room and in 6 of the new dwellin units. 9 II. CRITERIA TO EVALUATE THE PROPOSAL The criteria to evaluate the condominiumization of the lodge is found in Section 17.26.060 relating to all condominium conversions whether accommodation units are involved or not, as well as 17.26.075, the specific section addressing requirements for converting accommodation units to condominiums, and also 17.26.080 which, again, applies to a11 condominium conversions and not specifically toward iodge conversions. The Town Building Department has completed the required inspection for conversion, and the applicant has agreed to the list of changes required. Criteria relating to tenants' occupancy, employee housing, and current rental rates are not applicable to a lodge conversion. jII. COMPLIANCE WITH STIPULATIONS OF SECTION 17.26.075 REGARDING ACCOMMODATION UNIT CONVERSIONS The request is basically in compliance with the section regulating accommoda ' unit conversions with the exception of the reduction of size of common t�on areas. The section stipulates that the common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent ti��ith its previous character." It goes on to say that "any chan es alterations or renovations made to common areas shall not diminish the size or quality of the common areas. It is the staff's interpretation 9' that the proposal does not strictly meet the standards of this provision. However, it should be noted that this toward applicants wishing to condominiPm�zesa�lodgeaov�erCapplicants wishin to merely obtain a building permit to alter corranon areas of a lodge without converting to condominiums. In other words, an existing lodge owner could obtain a building permit to reduce in size or alter the existing common areas of the lodge without being required to meet the provisions of 17.26.075. Once an applicant wishes to condominiumize and remodel simultaneously the provision relating to common areas then applies. This is an existin loophole within our regulatory s stem � � 9 a property owner wishing to change theNOwnershiptformat7of9theylodgerd With this in mind, the staff feels the net reduction of 300 square feet of common area should be reviewed within the overall context of the ro'ec P � t ��a,�,�; P� horn -3- 6/20/84 lyk,,,,,> and not be an item to singled out. Also changes - relating to the proposed condominium dec�arations and what the specific language requires in the Town ordinance need to be addressed as conditions of approvaT. U. STAFF RECOMME�aDATION The staff feels that, although the specific intent with regard to common areas is not being complied with, the overall project generally meets the intent of the ordinance to not have a change of use occur on the property. The applicants do propose a large improvement effort to the property (see attached cost estimate) and are restricting all but three dwelling units to the 14 day high season use restriction as per the ordinance. Technically, they would only be required to restrict the 17 proposed accommodation units and not the additional 4 dwelling units proposed. Moreover, the addition of the meeting room and its concurrent marketing could be a benefit to the community with regard to attracting small group business meetings. The following conditions of approval will apply to this project: 1. All accommodation units may have only gas fireplaces which must be specifically approved as such by the Community Development Department. ��2. The condominium declaration proposed shall be revised to reflect the 14 day owner use restriction period and not the 15 day period currently contained in the declarations. �3. The declarations shall contain language stating that the declarations may be changed only with the prior written approval of the Town Council. 4. The declarations shall contain language sta±ing that all business activity relating to sale of the condominium units shall comply with local zoning and sign ordinances. , 5. Items 1 through 13 contained within the Addendum to Application for Condominium Conversion of Ramshorn Lodge as submitted by the applicant as part of the application shall become part of this approval and binding upon the applicant. � � �. 'C -2- 6/25/84 �� in the area and is totally in concert with the Urban Design Guide Plan. One problem is that the project takes out some very nice landscaping that screens the corner of the Gondola Building. Jack Hunn, representing the applicant, responded to the landscape issue by stating that Richard t�latthews gave Vail Associates a letter stating his opinion as to which trees could be replanted. The letter said that some of the Aspen trees could not be successfully transplanted, but that the large spruce could be replanted. Hunn proposed using large trees with a new configuration for the new landscaping. Bill Pierce, architect for the project, stated that this project used space that was already in existence--in effect it was an infill project rather than a proposal that added more square footage to the:size of the building. He felt that the building was needed. . . Edwards felt that the staff should keep track of V.A's parking allotted to the Gondola Building. Donovan and Rapson felt that the DRB should look closely at the landscaped area and at the size of the trees to allow screening of the building. Jim Viele moved and Will Trout seconded to approve the request for the exterior alterations per the staff inemo dated June 21, 1984 and to approve a conditional use to have an office above the 2nd floor. The vote was 6-0 in favor, unanimous. 6. Reguest for a conditional use permit in order to add a dininq deck onto Purcell's Restdurant in the L�fthouse Lod e. Applicant: John Purcell Tom Braun described the proposal, adding that it complied with the Lionshead Improvement Program, and the use conformed to the Urban Design Guide Considerations - relating to commercial expansion. He added that the staff was concerned about two existing trees. He stated that the plan allowed for the trees to be saved and that the staff supported the project as long as the two trees were saved. John Perkins, representing Ken 4lent��orth, the architect, stated that the two trees would be saved. Rapson moved and Viele seconded to approve the request as per the staff inemo with the condition that the ees be sa The vote was 5 in favor with none against, and Donovan ab aining because of conflict of interest. 7. Re uest for condominiumization o. the Ramshorn Lod e loca ed on Lot A Block 3, Vail Villaqe 5th Filinq. plicant: Polar Part ership Peter Patten described the request as per the staff inemo stating that the staff recommended approval because the majority of the project met the conversion criteria as long as the applicant met the five points outlined in the memo and the 13 points attached to the memo. Jay Peterson, representing the applicant, was on hand to answer questions. Donovan asE;ed if the 14 day restriction was for both summer and winter, and the answer was that it was. Edwards was concerned that the parking requirement was not pinned do�vn. Patten explained that it was difficult to determine an exact number of parking spaces because the conference room was also a lounge area. Dan Corcoran, engineer on the project, stated that the F-1 property could handle 16 spaces--that landscaping would also have to be included. Peterson stated that the facility would be a lounge most of the time, and felt that 33 spaces would be adequate. He added that they could actually have 27 spaces, that �� ` � � � y, � r"� PEC �„ 6/25/84 33 was a compromise, and 35 would be at the expense of less landscaping. Edwards and Trout both wanted to have the number of parking spaces finalized at PEC. Will felt that it was important as weli'a�s a submittaT requirement to have parki outlined on the site plan. Peterson sta..ed that he was open to a PEC decision on the parking. Patten felt that there was ambi uity in the ordinance, that the staff felt 16 to 18 spaces could be provided on �he F-I property, and the staff recommended that 35 parking spaces be required. Rapson felt that 35 spaces should be provided and striped. Viele agreed but felt that he would be sympathetic to a parking variance because he did not want to see more asphalt than was necessary. Donovan wanted to see more landscaping as opposed to more asphalt. She stated that she would like to see a stipulation that if additional parking was necessary that it would be added. She wanted to insure that the Ramshorn would not remonstate against the sidewalk improvement part of the Golden Peak project, and she asked if the Ramshorn would pay for their part of the sidewalk. Peterson felt that it would be unfair for the Ramshorn to pay unless an improvement district was formed. He agreed to be part of an improvement district. Donovan did not feel that the conversion would be a positive addition to the community Peterson responded with the statement that this was a change of oHrnership, not a change of use, and the change of ownership would allow for an upgrading. Piper reminded the PEC that Cascade Village did receive a compromise on parking and he would like to see a compromise to 33 spaces to allow for additional landscaping. Patten reminded the board that in the summer additional parking was available at Golden Peak. Jim Morter, architect, added that the Ramshorn track reco.rd also had been good. Patten stated that a landscape buffer would have to be added no matter what. Edwards moved and Piper seconded to approve the conversion per the staff recommendatior w�th the chanqe to 8A of 31 spaces and if needed 4 more spaces be added, that 8c, the fence encroachinq on the Town of Va�l r�qht-of-way will be removed at the applicant's expense� that 8B be omitted, that the five points in the memo and the other 13 points in the addendum to the application be adhered to with w�th.the exception of 86. The vote was 5 in favor w�th Trout abstainin because he felt the plan should delineate the parking spaces. � / �.;:` ,t . � r� �- o�� VAIL, COLORAOO 81657 PI-iONE (303) 476-5646 March 4, 1987 Mr. Peter Patten Building Department Town of Vail 75 South Frontage Rd. Vail. CO 81657 Dear Peter: � � Reflecting our meeting Friday afternoon, followinq is a d�scription of our situation and an outline of our request: We are unable to sell our Rams-Horn Condominiums with the current Us? R?striction, Municipal Code of the Town of Vail, 17.26.075. Attached to this letter is a copy of our current price list as compared to our original price list. Even with these significant price reductions, we have not sold a kams-Horn condominium since Auaust 1, 1985. Basically the Use Restriction doesn't fit the condominium owner usage pattern extant -in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Rams- Horn Condominiums are not being utilized at all by visitors to Vail. The Use Restriction as it stands riqht now is unnecessary and intolerable; the Rental Obligation is both desirable and tolerable. We request that the Use Restriction be relaYed, not lifted, for the Rams-Horn Condominiums to limit owner usage to 8 weeks in the winter and 8 weeks in the summer. The Rental Obligation would continue in effect as is. In return, we would furnish a12 our unsold condominiums and put them into the rental pool. ectfullv subrnitted. � Davi �ar n cc: Mayor Paul Johnston Vail Town Council �{ Tim Garton � -.J' i _ ;` � � � �c�no�a-t,loh l�n�'� �(�lU?11�� , 17.26.075 Condomin�um Convers�on . . � � � Any appl icant seeking to convert any accoinmodation unit �rithin the to4��n shall comply with the requirements of this section. The requirem�nts contained in this section shall not apply to structures or buildings a�hicf� contain two units or less. A, •i„c� i•c.�qu�r�•rncnts : n�1 r��stri.cLi<,n:: I,c�r��in cc>>it:L>>,�•�l �;liall b� anc]ucies in tn� eondominitim dc�claration for the projec�, and i'ilecl o� rc;cord u�ith tl�e Ea�le County cler•k anci recorder. '1''.�e condominiurn � units crcatec: shall r�rnain in thc short term reni:al mar}:et to bc � us�d Ks !;ernporary accor,1�n��dations availabl� to the ��nci•;.1 public. l. An owner's personal use of his tinit stlall be resl,ri.cted to - fc�urteen days durin� the seasonal �eriod� o� Decen�ber lSth throu�h April 15th and fourteen days during June 15th throu�;h September 15th. This seasonal period is hereinaiter referred � to as "l�igh season." "Otivner's pei•soiial use" shall be defined � 2. as otivner occupanc5� oi a unit or nonpaying gu�st of th� owner or taking the unit off the ren�;al markei; during the seasonal periods re�erred to hcrein for any reason other ihan necessarl� repair.s �,�hich cannot be posi:ponc�d or u•hich rnal.e the unit unrentable. OccuPancy o� a unit by a lod�e man�.�Pr or s�:a�f er,�ployed bv th� � lod�;e, ho�rever shall no� Ue restricted Uv this �c�ci ion. A ��iolation oi the o�ti�ncr's use restric�;ion Uy a ut�it o��ner shaJ.l subjeci: ttie o��ner i;o a daily �ssessment z-ate U�� the COI1C�01i11211L1:n zssociztion o�' i;hrce time_; a rate co�isidercd to tie a reason:�t� ��: dc�ily rent.al i•;�te fior the unit a�; i.he i�im� ot tl�e violation, ��•I>j eh .i ;sc��::ri�ni. r,hc�i� ��ri� ci s}�.�11 l�e de��ositecl i,� tl�c� �enci-a] ft�nds c�f i.tic conc3c��i n i t2m <ZSSC�i�:i ;it ion j'cir uUc � n ti}��:�•cic3in� rin�i ��c��air�.n�; 1.hc coi;�tnc>>i c��l.r�inc>>ii.s ��1� �:l�c cc�ttc�c,r�iinii:;!��;. :�11 stin��: � 1 Y` J � ' � w �� J.i^ assessecl a;;ainst the o�,��n�r i'or violatian oS t.l�c c�v;,er's persvnz]. � use restrict5.on and un aid shaJ ] con - ��. P s�,•itute < lieri ior the bc�:c- f�t of the concio�inium associatic�n on that o�ti•ner' ; unit, whic}: - l:i�en st�al l be evidenced b�- ti;�rittc�l notice p] aced o� record in the oi'�fice of i:he cli:rl_ and recorder o� �a�;le County�, Colorado, and ��-]iich may be callected by �orc�closure,. on an o�cner's condo- minitim unit l�S� the association in lilcc manner as a mortgage or c:eed oi' trust on real pr�pertST. `t'he condominiu�r, a��;c�ciation's . f�i]tirc to cn:forc� the o��mei•'s ��ersonal use i•esti•ict�on shal] �i��e i:l�G to�cn t.lic 1-i�;}�1: to enforce i.l�e rc5ti•iz�Y.]��Il b�� the �i:�scs�rnent and t:he licn pr��icic�d for licreundcr. lf th� town . et�ic�rces thc: restrict.ion, the t.o�cn si��ll rec�iv� the funds eullccLc�cl ��:; a- resu 1 t of :�ue:li en�oi•cen�e�,: i. . In the c,��n l. � lil;igatic>>7 :•esuli:s �x•en� Ctic, enf.orcc�n,eiit ��f t.he re��T']Cl".1(�I], as p�.r�; o� ii;s retivarci to tti�: �prevailin� ��.�z•Ly, the co�ii•t shall a«�arcl sucli p:ixty- i.ts court cosLs L�� ;r.. t;lier with reasonaUle attorne5�'s fees lI1CUi'IeC�. 3. Tr,e To�vii shall have the ri ;}it to requiz�e i��om the curdc�- minium ,association an anilual reporfi. of o;ti•i�cr's perso�ial � � use during 1;he hi�h seasons for all converted condaminium U111�S . }3. Any loc%e locatecl �vithin i:he To��n which has con��ei•ted accomo- a;tio;i units to canclominiwns stlall coiitinue to ��ro��icic custoiz�a��y ]c�cl�;c: .,��acilities ana �ser��ices includin�; a cust:cra� r;; n::irketi.n�; . }�rc�i;r�ttn. . � �Y Z � � � � � � -:;�.. C. The cotiver�;ed cc�iidor:iiniun� uni ts sliall rerna�n a��tilable to �;tie general tourist mar}ci:t. This coiiditiori m:�y Ue mci: t�y i_nclusi�ri o� the uni.ts o� tlle condolninium project, at comparable rates, in a�iy local re�ervation system for the rental of lod�e or c��ndominium units in the To��n. D. The �nmm�n_ a,�s of any lod�;e wi1:h converted units shall remain common areas and Ue maintained in a manner consistent ��ith i1;s previous charac�:er. AnS� chanoes, alterations or renovations made to com.mon areas sllall not diminish th� size or quality of the corr.mon areas . �. Any accommoclatioii units that ti�,ere utilized to provide Z10LiSlt1� for emplo3�ees at any i;ime during the three yeai•s previous to the date of the applicat�.on s11a11. remain as employee uiiits �or such duration as may be required Uy the Plannin� anci Lnviroiim�ntal Comrnissi��n or the To�;Tn Council. � � F. �lppli_caUility : All. condi�;iolls se�t �orth �ritliin ihis sec�;ion shal.l Ue niade Uindiu� on �;he a.pplic�.nt, the ap��lic�iat's successors, �lieirs, personal rel�resetitatives ai;d assi;r�s �r�u �I�all �overn t11e ��roi�erty �vliich i5 the suk�ject oS Liie a�plication fos• the li�e c�f tiie � survivor of the preseiit T��v11 Cotiricil plus t«�ci?t:y-one years. C��:l�-c�z•- sion of accommud��tion units locatc�d �vitliin a lr�d�c ��urstiant tc� tl�i.s si:ction, shall be modi�ied onl;� by �:he �vril;ten a�;r��r:cr,ent of tli� `I'o�cn Cc�u1►cil ancl ttie o��•ner o7• o��;ners �.f thc units wliicli iia�,e bcen ci,i��-ert.c�ci iiito coildomitliums. 'i'he dcc.utncnt.s ci•cat�n� a�d �;r>��c��•iiinfi any :�c�cc�u?!?i�.�- d.�t�on unit tvtii.cli }ias l�c�rn caiivi��•Lccl i�1i.o a conc;c��i:i.iiium shall l�c:• ►ruclii'i.ecl b�� 1;hc o;vncrs o!' sucli tii�:ii.ti o�ilti ��.it}� l.h�� 2»�ior writt��i u)�t>>•o�-a1 of tl�e To«�n Cc�unci].. - � � ' � � / � e� 1� • � � G, Procedure: The conversion of. an accomr;oaatiun unit in an e:..istin; lc�d�e shall be �ccomplis;hed �lll'SUan � to �he subclivision revie�v ��r•ocess . Ti1e ap}�l icant shall provide the �ollott7ing doculnc:ntation to the Tuv;n at i;iie time of the �,pplication 1�o convert accoi�unodation units located in a lodge to condominiutn units: 1. Proof of a•�=,nership; 2. Site inventor3� foz 1;he proper�;y ir.dicatin� in detail � the actual J.ocdtic�n of any anicnities ser��in� the lodge; 3. A:f�idav�_t o� sNz�vices provic]ed as is called �or i�i sub- para.grapr 2 � aUove , � 4. Designa�;ic>n �znu desca�iptioi� o�' �1J_ e„plcyce t:i,its, � � . . 5. � Plan of i�rp��o�-c�tnents t�o Ue n;adc. t.o i.hc propert.�� along witn �Q�{�� esti_mated c�s1-.s tt�crcfor. (Ord 28, 1982) p�3j � 17.26.080 Action on preliminary map . A. � At the hearing on the prel iminary map, th_�tu�9 rnitifill_C$�n shall consider whether the proposed conversion is consistent with the following housing goals of the town: 1. To encourage continuation of social and economic diversity in the tawn tllT�ough a vari ety of hous i r�g types ; 2. To expand the supply of decent housing for low and moderate incon�� families, 3. To achieve greater e�onomic balance for the to�•m by increasing the n�in�ber of jobs and the supply of housing for people 4J{10 ►��ill I�old them. ,.� iU 1�� • 75 south frontage road vail, colorado 81657 (303) 476-7000 March 12, 1987 Mr. David Garton Mr. Tim Garton P.O. Box 705 Vail, Colorado 81657 � office oi community development Re: Ramshorn Use Restriction and Special Development District Process Dear Dave and Tim: The staff would like to schedule a discussion of the use restriction on the Ramshorn Condominiums for the Planning and Environmental meeting on March 23rd. The work session will probably begin at 1:00 P.M. The staff will write a memo outlining your request to change the use restriction for owners' useage from 2 weeks in the winter and summer to 8 weeks in the winter and summer. The purpose of the work session will be to give you an indication of the staff and Planning Commission's positions on the request. If you decide to proceed with amending the code, (Section 17.26.075), it will be necessary to submit a request for Planning Commission review. The zoning amendment will also be presented to the Council as an ordinance which requires a first and second reading at an evening Town Council meeting. If you wou'u li':� to include any new information as to why you think the use restriction should be changed from 2 weeks to 8 weeks, I will be happy to include it in the Planning Commission packet. The PEC packet is normally hand delivered to members Friday afternoon. I would appreciate you bringing in any additional information by Thursday morning, March 19th so that we can xerox it for the packets. In respect to the addition of a third floor to the Ramshorn using the Special Development District proc�ss, I have enclosed the application form for a Special Development District and the dates of upcoming PEC deadlines and meetings. The following information should be submitted with your request: ..� . � 1. A list of the names and mailing addres.s�s of o�ers adjacent to the Ramshorn property. 2. A written description of th� proposal which iz�cludes a �Q�t�ng ana.��sis of tYie praject. Exi��ting ��c� praposed t�s�s �n�d �guare faa�t�c��s� shoul�: b�: incl�ded in the zon�ng �na�.�si�. 3. An envirarYm�ntal impact report. (The staff will need to meet with you to determine what parts of the E.I.R. are �ecessary to complete.) 4. A proposed site plan and survey. 5. Preliminary landscape plan. 6. Preliminary building elevations, sections, floor plans plus existing building elevations and floor plans. 7. A view analysis using photographs of the existing building and overlays showing the proposed�addition. 8. A height analysis. 9. A model. (The model may be waived depending on what you want to build.) 10. Completed application form and check for $100 for the application fee. 11. We will also require an agreement that, as part of your application fee, you agree to pay for our use of an urban design consultant to aid the staff's review. This will be a minimal amount for the proposal the way we c�,:rrer.*�� understand. it. Even though the two requests are related, staff would prefer to focus on the change in the use restriction at the work session. Due to the fact that we do not have a complete application for the special development district, the staff would prefer not to get into a detailed discussion with the Planning Commission on the SDD. I will not be at the Planning Commission meeting on March 23rd, as I will be out of town. Peter Patten will be at the meeting to present the staff inemo. If you have any questions after March 18, Peter will be happy to help you out. Sincerely, �r� a ` _ � Kristan Pri z Town Planner KP:br � t u r ms - or� a VAIL, COLORADO 81657 PHONE (303) 476-5646 March 4, 1987 Mr. Peter Patten Building DEpartment Town of Vail 75 South Frontage Rd. Vail. CO 81657 Dear Peter: � REflecting our meeting Friday afternoon, following is a discription of our situation and an outline of our request: We are unable to sell our Rams-Horn Condominiums with the current Use Restriction, Municipal Code of the Town of Vail, 17.26.075. Attached to this letter is a copy of our current price list as compared to our orlqinal price list. Even with these significant price reductions, we have not sold a Rams-Horn condominium since August 1. 1985. Basically trie Use Restriction doesn't fit the condominium owner usage pattern extant in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Rams- Horn Condominiums are not being utilized at all by visitors to vail. The Use Restriction as it stands right now is unnecessary and intolerable; the Rental Obligation is both desirabie and tolerable. We request that the Use Restriction be relaxed, not lifted, for the kams-Horn Condominiums to limit owner usage to 8 wezks in the winter and 8 weeks in the summer. The Rental Obligation would continue in effect as is. In return, we would furnish all our unsold condominiums and put them into trie rental pool. ectfull submitted. � Davi Gar, n cc: Mayor Paul Johnston Vail Town Council �� Tim Garton d � r ms - orn a VAIL, COLORADO 8'1657 PHONE (303) 476-5646 March 4. 1987 Mr. Peter Patten Huilding Department Town of Vail 75 South Frontaqe Rd. Vail. CO 8i65? Dear Peter: � We hereby apply for approval to add a third floor on one wing of the Rams-Horn Lodge Condominums and build up to 4 condominiums on this floor. Following are the facts: 1. This is not a conversion from a lodqe to condominiums. This is the same building on a vacant lot. 2. Although the Vail Village Master Plan is not approvEd yet, this Master Plan does call for increased density at the kams-Horn site. 3. The other buildings in the vicinity of the Rams-Horn are at least three floors. Our third floor wauld make the Rams- Horn 36 feet compared to a Town of Vail limit of 48 feet in this area. 4. The three owners ot Rams-Horn condominiums have given approval to proceed with the third floor pro�ect. 5. we have 7.000 square feet more GRFA available at Rams- Horn; our pro�ect for the third floor only needs an additional 5,500 square reet. 6. We ask that the Rams-Horn, through a special development district application, be considered to be 11 condominums (as it in fact is), and that we be allowed to add 4 more on the third floor. � � 7. We have 33 on-site parking spaces. This should be sutficent for 15 condominiums. We are in the process of finishing a parking study on our Rams-Horn site that we will submit to the Town of Vail staff. This parking study already shows that we are experiencing a usage ot approximately one parking space per condominium. 8. We cannot wait until the Vail Village Master Plan is adopted. This delay would make it too late for us to enter a construction phase this summer. We would propose to immediately furnish the existinq condominums and put them into the rental pool. For the existing condominiums, we would ask for relaxation of the Use Restriction rrom two weeks to eight. weeks. For the new third floor units we would voluntarily observe the Rental Obligation. Our proposals, if aclopted, will lead to proposed Vail Village Master plan in terms and usaqe of properties in the core area. Res ectfully submitted, ', O�tI,-Q-.�0./�, � Dave Garton � f' =-___..�_� Tim Garton cc: Mayor Paul Johnston Vail Town Council contormance with th� of increased density f � � � APPLICATION TO LLASE PRIVAT;a PARKING Iv'ame of Building Owner of Parking Lot `j - L, d- �- Number of spaces to be leased o�D %� Please list lessees and time period of lease below: , � ess � ` ` _) �= ��' � �. , � . ��`� � �� - �� C� �- . � � ��^ � � . � ,� � signatu e ; r � � � � � _` _: �+ �� lo z. , � )��--� � Time Period 0 \9sg °�c �e\`g o``O�J�. �s �0`0. �e°� Timothy R. Garton (303) 47&5075 November 5, 1985 Dear Susan: G Per our telephone canversation today I am enclosing the application. Please let us know when and how to proceed. Sincerely, , �..� .�x�� c_---��s�—> Roxanne Garrison for Tim Garton �3 �'�� zX3 = � -,� �s�� , . , � ; -' _ -� ��- � �� U � j � Application Date PEC MEETING DATE APPLICATION FOR A VARIANCE �!�tember 16, 1985 October 14, 1985 I. This procedure is required for any project requesting a variance. The application will not be accepted until all information is submitted. A. NAME OF APPLICANT The Polar Partnership ADDRESS 416 Vail Valley Drive Vail, Colorado 81657 PHONE 476-5075 B. NAME OF APPLICANT'S REPRESENTATIVE Morter Fisher Architects ADDRESS 143 E Meadow Drive Vail, Colorado 81657 C. NAME OF OWNER(S) type �r�� ,��Tar Partnership -� — Si natur s � ' ADDRE S .%✓ % 416 Vail Valley Drive . __,'-'" ' �l�'ail, Colorado 81657 D. LOCATION OF PROPOSAL PHONE 476-5105 PHONE 476-5075 ADDRESS 416 Vail Valley Drive LEGAL DESCRIPTION LOT A BLOCK 3 FILING Vail Village Fifth E. FEE $100 PAID �� 'S CK # 1267 FROM �e I�-✓ ! G-t��l (t=� y s�i , THE FEE MUST BE PAID BE ORE THE COMMUNITY DEVELOPMENT DEPARTMENT WILL ACCEPT � YOUR PROPOSAL. F. A list of the names of owners of all property adjacent to the subject property INCLUDING PROPERTY BEHIND AND ACROSS STREETS, and their mailing addresses. THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT MAILING ADDRESSES. II. A PRE-APPLICATION CONFERENCE WITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED T0'�DETERMINEIF ANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION WILL BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE AN APPOINTMENT WITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS. � PLEASE NOTE THAT A COMPLETE APPLICATION WILL STREAMLINE THE APPROVAL PROCESS FOR YOUR PROJECT BY DECREASING THE NUh1BER OF CONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED. � , Iil. FUUK (4j CONIES UF 7HE FOLLOWING MUST BE SUBMITTED: A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: � 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. OVER � � -2- ` � Variance 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 1" - 20' stamped by a Colorado licensed surveyor including locations of all existing improve- ments, including grades and elevations. Other elements which must be ghown are parking and loading areas, ingress and egress, landscaped areas and utility and drainage features. C. A site plan at a scale of at least 1" = 20' showing existing and proposed buildings. D. All preliminary building elevations and floor plans sufficient to indicate the dimensions, general appearance, scale and use of all buildings and spaces existing and proposed on the site. �. A�reliminary ±l��e rep^vY't t� V21'1f1� C`r!^��S�:�r �u�G� ;:uScm2i��S F. If the proposal is located in a multi-family development which has a homeowners' association, then written approval from the association in support of the project must be received by a duly authorized agent for said association. G. Any additional material necessary for the review of the application as determined by the zoning administrator., * For interior modifications, an improvement survey and site plan may be waived by the zoning administrator. IV. Time Requirments The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A complete application form and all accompanying material (as described above) must be submitted a minimum of 4 weeks prior to the date of the PEC public hearing. No incomplete applications (as determined by the zoning administrator) will be accepted by the planning staff before or after the desig- nated submittal date. . . -� , � �" ,: . . . � '. .. . . . ' . . . ' . � �$��+°'Si`J M��3'p;�.. � . . ..,. . �i�•' .: �' ` A Pwtcssi�>nai Corporatio;: . � � 193 East Mca�'nw Duve (�.f055f�3r1`i �! �:�:3i1 Vt1i1. (�.O�Of e(i0 tl � OJ �� 3�3 4�6-5105 MORTERFISHERARCH ITECTS September 16, 1985 APPLICATION FOR A VARIANCE RAMSHORN LODGE 416 VAIL VALLEY DRIVE PRECISE NATURE OF THE VARIANCE REQUESTED The applicant requests to make his project LESS NON-CONFORMING than it cur- rently is, by relocating an existing pool equipment building, and construc- ting a new transparent sun room. The existing pool equipment building protrudes eighteen feet into a twenty foot setback area. A new pool equipment building would be constructed to- tally within the allowable building area, totally out of the setback area. The new pool equipment building would be approximately twenty-seven percent smaller than the existing one, and would be tucked under an existing deck in an existing recess in the building. By comparison, the proposed transparent sun room would protrude only thir- teen feet at its furthest corner into the setback (compared to the eighteen feet of the existing pool equipment building). The sun room would be at- tached to the existing main building, rather than be detached, as the ex- isting pool equipment building is. The regulation involved is Section 18.22.060, Public Accomodations Dis- trict - Setbacks, of the Town of Vail Zoning Ordinance. RELATIONSHIP TO OTHER USES AND STRUCTURES IN THE VICINITY This proposal could only be welcomed by the users of this area. The changes will. 1. Facilitate snow removal on Gore Creek Road, by reducing the existing en- croachment into the setback by nearly thirty percent. 2. Replace an aging, utilitarian structure with a new, transparent struc- ture which will be integrated into the existing main building. 3. Facilitate the proposed pedestrian/bicycle path which will link the vil- lage with Gold Peak. 4. In general, greatly improve the appearance and function of this area. This area deserves the best design efforts, as literally every user of Gold Peak travels by here, either on foot, by bus, or car. � • � • ! MORTERFISHERf�RCH ITECTS APPLICATION FOR A VARIANCE RAMSHORN LODGE PAGE -2- DEGREE TO WHICH RELIEF FROM THE STRICT OR LITERAL INTERPRETATION AND ENFORCE- MENT OF A SPECIFIED REGULATION IS NECESSARY TO ACHIEVE COMPATIBILITY AND UNI- FORMITY OF TREATMENT AMONG SITES IN THE VICINITY OR TO ATTAIN THE OBJECTIVES OF THIS TITLE WITHOUT GRANT OF SPECIAL PRIVILEDGE Obviously, no special priviledge would be granted by allowing the applicant to make his property LESS NON-CONFORMING than it presently is. Indeed, it is ironic that the variance procedure must be used for the applicant to cre- ate a situation which is better for all of us, and to create a situation which is LESS NON-CONFORMING than it presently is. The degree of required relief is illustrated on the accompanying drawings. EFFECT OF THE VARIANCE ON LIGHT AND AIR, DISTRIBUTION OF POPULATION, TRANS- PORTATION, TRAFFIC FACILITIES, UTILITIES, AND PUBLIC SAFETY This proposal's effect on light, air, distribution of population, and utili- ties is nil. The effect on transportation, traffic facilities, and public safety is quite positive, for reasons stated above. SUMMARY To quote portions of Chapter 8.02, Geneneral Provisions, of the Town of Vail Zoning Ordinance: 18.02.020 Purpose A. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the co- ordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established charac- ter as a resort and residential community of high quality. B. These regulations are intended to achieve the following more specific purposes: 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions; � 3. To promote safe and efficient pedestrian and vehicular traffic cir- culation and to lessen congestion in the streets; 5. To conserve and maintain established community qualities and econo- mic values; � • • MO�TERFISHERARCH ITECTS APPLICATION FOR A VARIANCE RAMSHORN LODGE PAGE -3- 6. To encourage a harmonious, convenient, and workable relationship among land uses, consistent with municipal development objectives; 8. To safeguard and enhance the appearance of the town; 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters; 11. To otherwise provide for the growth of an orderly and viable com- munity. The applicant is prepared to correct a poorly conceived existing condition, in a very prominent location in our village. The result of his efforts will be the successful realization of the purposes of the Town of Vail's very Zoning Ordinance. Our citizens, our guests, and the applicant will be unduly penalized if this request is denied. , . ,._ . • • � , MORTERFISHER;�'�`�.I,:�: �i--;I_1_�=�:;_;_I �:: September 16, 1985 APPLICATION FOR A VARIANCE RAMSHORN LODGE 416 VAIL VALLEY DRIVE ADJACENT PROPERTY OWNERS Garden Of The Gods Club A. G. Hill 2500 lst National Bank Building Dallas, Texas 75202 Tivoli Lodge Robert Lazier 360 Hanson Ranch Road Vail, Colorado 81657 Vail Trails Chalet Association Sharon Himsel 415 Sunnyside Lane Boulder, Colorado 80302 Vail Trails East Condominium Association Charles Cowperthwaite 303 East 17th Avenue, Suite 1000 Denver, Colorado 80203 All Seasons Condominium Association Art Kittay 434 Gore Creek Drive Vail, Colorado 81657 Vail Associates P.O. Box 7 Vail, Colorado 81658 i �w� � I z�� September 16, 1985 Town of Vail Design Review Board 75 South Frontage Road Vail, Colorado 81657 Dear Council: Please be advised that Condominium Association on Unit ��3 and support Sincerely, � rams- orn VAIL, COLORADO 81657 PHONE (303) 476-5646 the Rams-Horn Lodge Condominium Homeowner's has reviewed the application for a variance this application. �_��"' ��P�`�' i"� : <.:-�.,. Timothy R. Garton President Rams-Horn Lodge Condominium Association TRG:rmg C� � INTER-DEPARTMENTAL REVIEW PROJECT: �QiY1S�� Gl.l�-- Ui�Jl1(�'J✓1� �_� ►�.1?�G� ,JUn f-UIJV�� DATE SUBMITTED: �( �� DATE OF PUBLIC HEARING ��• ��f� COMMENTS NEEDED BY: �, � BRIEF DESCRIPTION OF THE PROPOSAL: PUBLIC WORKS /� Reviewed by: Date ��, �" Comments: v(/i�c� C/1�°� S? C-vc.�� r' z-/�i.c1 C� E-Z s E� � s �-,., �'�f � �C 7"��1�- - ��l S S "'e �- �- s �2, L C� o .ti, � 7 � �P�-r� E � � �i��`' � FIRE DEPARTMENT Rev i ewed by : Comments: Date POLICE DEPARTMENT Reviewed by: Date Comments: RECREATION DEPARTMENT Reviewed by: Date Comments: _�-� • CHARLES H. COWPERTHWAITE Nr. Thomas Braun Community Development Department Town of Vail Vail, Colorado 81657 Dear Tom: � PENDLETON � SABIAN, P.C. ATTORNEYS AND COUNSELORS AT LAW SEVENTEENTH AND GRANT BUILDING SUITE 1000 303 EAST SEVENTEENTH AVENUE DENVER. COLORADO 50203 October 3, 1955 TELEPHONE: (303) S39-1204 TELECOPIER: (303) 531-07SG TWX: �JIO-931-0407 "" . .7 �< � Z . .� - �---��-� --__� C�.___ On behalf of Vail Trails East Condominium Association, I just received a Public Notice relating to a hearing to be held before the Planning and Environmental Commission on October 14, 1985. On behalf of that association, I just wanted to say that we appreciate finally being added to the circulation list. In the past, we have for some reason not received notices and communications relating to hearings and other nlatters of importance to our neighborhood. I might add, however, that the notice arrived slightly late since a wrong zip code was used. If you could see that the address list is corrected, it would be much appreciated. CHC:do cc: Board of Managers Very truly �- Charles H. yours, Cowperthwaite , � �� : � ;�. . � � , This commitment was produced and issued through the office of LAN D TITLE GUARANTEE COMPANY 108 SOUTH FRONTAGE ROAD WEST — P.O. BOX 357 VAIL, COLORADO 81658 (303) 476-2251 tersi ed: � •�`�� t� fl .��" ii^� 1 �� . '� 'a'l Va Officer Representing: � ITLE �NSURANCE �OM PANY OF �� I N hd ��;t� i�.� � � . 3 1 �� ' ,, � A L T A C: C� M M I T M E N T SCHELIULE A � ,� .� APP1 ic�,ti�,n Nu. V�lu� FGr Infarmatian Ont•r — Ghar�es — ilwr�er Pa 1 i �c�,• PREL I M REPC�aT � 1 aC►. 00 — — TOTAL — — '�lOt�. �� With� �ro�rr remittance wlea�e rHfer ta V�ln3. 1. Effectiv� Datea Se�t�mber 13� 1�'�5 �t 8a�i0 A.M. 2. Pol ic� t�+ t�e i�su�d� ar�d Pr•awosed Tnsure�- "ALTA" ��wner's Pc�l ic•r Farm P-1970 tAmended 14-17-70) Frapoaed I�sur•ed: RAM�HCtRN PARTNERwHIP LTP.� A Calara.dc, Limited F'artner�hi� 3. Tt�e eatatL or int�r�e�t in th� land �i�scribad ,�r rrf�rr•ed to in thi� Commitment and eov�red h�rein iae A Fee 4. Title ta th� e�tat� or int�r�st cc�v�re�d t�er�in is at tF�e effcctive date h�r�of v�sted ins FtAM�HCiRN PARTNEF�SHIP LTL�. � A Coluradc, Limit�d �artrr�r�hi� g. The lar�d r�fErre�J to in tF�is Cammitment ig des�cribed a� fallc�ws: Lc�t A� B1 �ock 3, VAiL. VILLAGE, FIFTH FILINC+� AGCOFtL�ING TO THE REGC�RDED PLAT THEREaF, GOUN7Y OF EAGLE � STATE QF Gt�Lt�RAL�O. �� I• . r � • � A L T A C�� M M I T M E N T �:GHEI�I�LE B-1 tRe9�ir�ment�) APrlicatian Na. V�1�� 7he failawin� ar� the r�9uira�m�nts to k�� omwli�� Witr�= 1. Pa^rm�r�t ta ar f�r• tr�� accc,unt �f th� arar�turs c�r� murts��ars af th� full cansf�d�►ratinn for kht e�tate c�r int�r�st t4 be ir��Urc�d. 2. Pro�er• in�trumer�t(�) cre3tin4 th�� estat� ar• inter�st tu be in�ured mu�t t�� e:�ecuted and dul•r file� for r�ecard, ta—wits �a: Ct1UNTY GLERk;S AND RECOfiDER� RERI.�IRE RETItRN AUIaFtES'tiE� C�N UOC��MENT� aENT F�R REGORDINu!! �s� J � � • � �� A L T A G� M M I T M E N T SGHEDULE 8—� (E�ce�tior�s) Af'P� 1C$t1Gf't Nu. V�it�3 The PO� 1CY ur P�+1 icies tr� he i4!�ued wil 1 cantain excePtic�ns tc+ th� fallowir�� unle�g the �am� arc� di�p�+ged of tt� �F�e �a�isfactiar� uf the CarnPanY� 1. Star�dard E:�ccewti�r�� i tr,r�,u�r� g�►rir�ted an the caver �ht��t. 6. Taxes and a�s�ssrner�ts nat �r�t du� c�r �a•r•atale and srECiaT a��e4sm�r�t� r�at �ret ��rtifi.cc3 t4 tt�e Tr•ea.sur�r•'R afFicE. 7. An�r unPaiti taxes or aas�ssments aea,in�t said land. 3. Lien� for u�+P�id wa�ter a.nd ��wEr• char�eQ� i� ar��r, '�. R I GHT QF PFtQPR I ET�R 4F A VE I IV OR LUGE TG E X TRA��T AIVD REMQVE H I a ORE THEREFRnM SHO�JLL� THE fiAME PE FOUND TC+ PENETRATE C�R i NTER� EC-T TNE PREM i�ES AS RESERVED I N UN I TEp � TATES PATENT FtEC�i�tI�ED Ma�r 2t�, ]. q� �, I 1V P�."1C�K 48 AT PAGE 511. la. RIGHT OF WAY FOR L�ITCHES �R CANAL� C�'�N17RUC'TEA RY THE AUTNC�RI1"Y C�F TNE UN I TED STA7ES A a RESERVED I IV UN I TED aTATES pATEMT �E�C:�I�L�ELt MaY iC� � 19C�5 I N B0�1{C 4� AT PACiE `11. i i. RE�TFc I �T i VE COVENAN75. WH I CH PC� NOT GC�N7A i N A FC�RFE I 7�.iRE OR REVERTER CLAUSE, BUi �M i T7I NL3 RESTR I GT I C1NS � T F ANY � L�A��ED ON RA�.:E � C:± �LQI� � REL I t3I nN � GR NATTONAL t�RIGItJ, Ati CCiNTAINEU IN IN�TRUME�tT k��,�C�RL�EL� Nuv�rnk��r 0�� 1965� i N BGCiK i�7 AT PAGE :.i53 ANit AS AMENL�EG I N I N4TRUMENT RE�:�=�RDEU Ma r c h t�3 � 1977 � I N�C��.�K 25� AT PAGE 4�. 12. UT I L I TY EASEMENT A'� C+RANTEL� T�� P��E�L Z C: SERV I�E C:�'.1MRANY C�F �'C►L�RADt� I N IIV�TR��MEN7 RECC�RDED Januar•�r 1�� 1��35� IN L��l:�k; 405 A7 PAGE �5��. 13. ENCROAHMENT OF DEGK � SHED ANL1 '�r+W I MM I NG PC��,1L. C1N7C+ �.�T I L I'CY EAaEMENT A� SHQWN aN 7HE REGORDED CQND�M I IV T UM MAP UF RAM�—HORN LC�D�+E C�C�NL�CiM I N I UMfi . i 4. THuSE PF�t�V i S I ON� � C�GVENANTS AND GC�Ni+I T I CNS, EASEMENTfi ANL� RE�TR I CT I�N� WH I CH ARE A P� �RI�EN TC� TNE ��BJEGT PRGpERTY L�E�:GR I BEL� I N .��'HEUULE A� AS �ONTA I NEiI I N I N�7�tUMENT RECC�RDEL� JUNE 1�, 198g I N EOOK 417 AT PA�+E �43. i�. DEE17 QF TR�JST PATED MaY n4. 1`�84, FR�M F4LAR PARTNER�H I P� A C:GLQRAI�C� �ENERAL PARTNERSH I P TO THE FUBL I C TRI��TEE C�F EAGLE C:OIiNTY FCR THE �.�SE �F G I 7 I Z EN � E�ANK � A W I SCC`�NS I N SANK I NC� C��RPORAT I ON TO aEC:URE THE �I.IM OF �1, bOc1, OU�►. C�4 RECGRL�ED Mati� �2, 19�4 � I N H�tC�K '��ib AT �'AGE '�C,. � ' , �+ ' " �s A L T A C� M M I 7 M E N T SCHEDL�LE �-2 tExc��tian�) APP1 icatian Rla. V�1��'� M�L1I F I CAT I t�N AND AMENDMENT AQREEMENT I N��NNECT I t�N W I TH :�A T Li DEE� OF TRL��T WA� RECaRL�ED Au�ust� 13� 1984. IN BC+t�K ��2 AT PAGE ��4. INDEMNITY AGREEMENT IN �ONNE�7ION WITH aAIL� UEED QF 7RU�T WAS RECORUEG Au � u!� fi 13�. 1�84 � I N Ht�ClK �9� AT PAuE 2`�� . 16. F I htANC I NC STATEMENT W I TH C I T I ZENS HANI� � A W I SGGNS I N BANK I N� �:CiRPORAT I�hl. THE SEGUaEL� PARTY � REG�RDEL1 Ma�� 2�, 1��4 � I N��K,' 3�1� AT RAC+E :.i7 . 17. DEEG QF TR�.��^T �ATEG Ma•r 21 � 1'�84 � F�C�M PGLAR PARTNER�:N I P s A�:C�L�lF�AL+C� GENERAL RAkTNEaSH I P 7d THE PL�PL I �G T�U� 7EE OF EACLE C.C�UNTY FOR THE U�E C;F WH I TE EWTEaF'R I'ti ES, I idC .� A G��LI."iRALn� �:�DRPORA7 I t�N T� '�E�URE 7HE �IJM t�F �7t�t1 � OC�C� . dC� RE�COF�GEL1 Ma�,• �2 � 1�►�4 � I N E�GC�K ��8� AT P'AC�E i� . SUBORi1 I NAT I GN AuREEMENT I N CQNNECT I l."�N W I TH aA i D DEE� l'.�F TRUST WAS FtEC�dRDED Au�u4t 13, 19�34, IN BC��k: 3'�2 AT PACE �c2. 18. FINAN�INC3 SiATEMENT WITH WHIT� EIVTERPRISEB. INC.� A�C�LORALu� t�:ORFORATION� THE SEC:UREL� PARTY, RECC�RL�EI� Ma�r 22� 19�4, IN i�+'.10K ��8� AT FAuE "�'�. �UFORD I PIAT I�lN A� +REEMENT I N�:QNNECT I ��N W I TH SA I a F I NANG I Nt3 STATEMENT RECCIRDEI� AI.�GUBT 1�, i.9t�4 IN �4QK 3'�? A7 PAC+E 2�2. :�� ra�s- or� VAI�, COLORADO 8�657 PHONE (303) 476-5646 July 2, 1985 Ms. Kristan Pritz Building Department Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Kristan: Pursuant to our conversation yesterday, we agree that we will install a new fence on the south side of our Rams-Horn Lodge property concurrent with or just after the Town of Vail puts in their sidewalk adjacent to that side of our property. However, as you and I discussed in our telephone conversation today and our tour of the property last week, we will temporarily leave the fence where it is now, repair and repaint the shabby sections, and move the fence on the east side of our property so that we can pave our parking lot this summer. We also agree to retain the necessary amount of funds in our letter of credit to the Town of Vail to cover construction of the south portion of the fence when that tiMe comes. Thank you for your help on this project. inc rely yours �'�" ` David Garton, Jr. General Partner Rams Horn Partnership, Ltd. DG:rmg °I' l a+� �;� II�IPROVEMENT A.GREEN�.ENT � "'r� This Agreement made and entered into this y�" day of , 1985, by and between Ramshorn Partnership, Ltd., a C orado Limited Partnership, hereinafter called the Developer, and the Town of Vail, hereinafter called the Town. WITNESSETH: Whereas, the Developer as a condition of approval of the condominium maps for Ramshorn Lodge Condominiums wishes to enter into an Improvement Agreement; and Whereas, the Developer is obliaated to provide security or collateral sufficient in the judgment of the Town to make reasonable provisions for completion of certain improvements set forth in plans and specifications on file with the Town; and Whereas, the Developer wishes to provide collateral to guarantee performance of the Agreement, including construction of the above referenced improvements by means of a irrevocable :letter of credit. Now, Therefore, in consideration of the following mutual _ 'e ';�.;covenants and agreements, the Developer and the Town agree as ':;, �,� _ � �� -' ` follows : -�� ;. �.� � 1. The Developer agrees, at its sole cost and expense, to furnish all equipment, material and labor necessary to perform and complete, on or before August 31, 1985, (date of completion), in a good workmanlike manner, all improvements as shown on the attached "Exhibit A" in conformance with the plans and specifications on file with the Community Development Department ,, .� �'" � •�;; :,,,; _ � � "`� . _._. . , _ of the Town. All such_�vork._sha11__he_ sione under the inspection o� and to the satisfaction of the Community Development Department of the Town, and, shall not be deemed complete until approved ar.d accepted as completed by the Town. -� --- -�. The estimated cost-of such work and improvements �s $12,000.00. �__ To secure and quarantee performance of its obligations as set__forth herein, the Developer agrees to provide securitv and collateral in the form�of an irrevocable letter of credit froM First Bank of Vail in the amount of $12,000.00 on a form acceptable to the To�an attorney. 3. The Developer may at any time substitute its collateral originally deposited with the Town for another form of collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein and its performance of the terms of this Agreement. 4. As improvements are completed, the Developer may apply to the Town for a release of part or all of the collateral deposited with the Town upon inspection and approval, the Town shall release such collateral. If the Town determines that any of such improvements are not constructed in compliance with the plans and specifications, it shall furnish the Developer a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure compliance. If the improvements are not completed according to the plans and specif.ications by the completion date, the Town may withdraw and employ from the 2 ,• � .�i � s '�+��i deposit of collateral such funds-as may be necessary to construct the improvements in accordance with the plans and specificatior.s. - 5. Town s�all not, nor shall any officer-or employee thereof, be liable or responsible for any accident, loss or damage hap�ening or accurYing��o the work specified-in this _ Agreement unless the Town contracts to do the work pursuant to Paragraph 4 above, nor s�all the Town, nor any officer or employee thereof, be Iiable for any persons or property injured by-reason of the nature of said wbrk, but-all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities to which the Tow� or any such of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actior.s in respect thereof) that arise out of or : `�.are based upon any performance by the Developer hereunder, except :� MfY� ` 'j�F��BS specified above, and the Developer shall reimburse the Town .:r::�- ,s. ..�� t 3��, � ��.. ,, _� �or any and all-legal or other expenses reasonably incurred by ;�e `,�' r � . + 3`�',; . ��: ��;`,`the Town in connection with investigating or defending any such :,, . _ '_f 1 ;, I�' '' �;:., .�loss, - claim, damage, liability or action. This indemnity - .; -° provision shall be in addition to any other liability which the ''�"° � •� Developer may have . " " 6. The Town agrees to execute the condominium maps for • the Ramshorn Lodge Condominiums. 3 ', �f � � � •,. � _ 7. The parties mutually agree that_this Agreement mav be amended from time to time, provided that such amendments be in writing and signed by all parties hereto. ATTEST: TOWN OF L t By: By: . � DEVELOPER: RAMSHORN _ PARTNERSHIP, LTD., A COLORADC LIMITED PARTNERSHIP B �� y' f David Garton, Gen� 1 Partner STATE OF COLORADO ) _ . ) ss. COUNTY OF EAGLE ) The for�egoing Imp ovement Agreement was acknowledaed before me this �_ day of , 1985, by David Garton as General Partner of Ra horn Partnership, Ltd., a Colorado Limited Partnership. �� Witness my hand and official seal. . ' My commission expires: ��FlQ�13�9 ;,� ' _� _ , � --- ,, t � '''� i . z'' - . . + + . - .. . _ _ . . .. .. . � t, r ,.� �.,r.. � �. . . ; _ . . x . l_ YY�'� %: � ; r'' � � .. .. . . . . .' . .. �"/}," _ . � � . . . .. _ , � ,f� ��). . � - . . - i:�.: -��, . � . !�� .. . t�, y _Fr _ _ # <., _ _ : -- �� t: 1[A �� .��a`w.� �� • •�� . R .. . - �� :. _ / .,, . 'r � � . _--- - EXHIBTT A - (Attached to and made a part of the Improvement Agreemer.t dated the 4th day of June, 1985, between the Ramshorn Partnership, Ltd., a Colorado Limited Partnership and the To�an of Vail). Landscaging Paving of Lot F-1 ,___Move__pool fence off Town of Vail property u ti � � �= �; " : �r- - � OF VAIL L=.! IRREVOCABLE LETTER OF CREDIT Town of Vail P.O. Box 100 Vail, Colorado 81658 Dear Ron Phillips: � 17 VAIL ROAD VAIL, COLORADO 81657 303-476-5686 DATE: _ AMOUNT: NUMBER: EXPIRATION DATE: June 3, 1985 $12,000.00 No. 1253 Januarv 2, 1986 We hereby open our Irrevocable Letter of Credit in your favor available by your drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado, 81657, at sight for any sum not exceeding the total of TWELVE-THOUSAi'�'D and NO/100 DOLLARS($12,000.00) on the account of Timothy R. Garton and David Garton, Jr. Each draft must bear upon its face the clause, "Drawn Under Letter of Credit No. 1253, dated June 3, 1985 of FirstBank of Vail, Vail, Colorado." The amount of each draft which is negotiated pursuant to this credit, together with the date of negotiation, must be endorsed on the reverse side of the Letter of Credit. Each draft must be accompanied by a statement executed by the Town Manager stating the following: The Developer has not completed the improvements at the Ramshorn Lodge Condominiums pursuant to the Improvement Agreement dated the 3rd day of June, 1985, by and between Ramshorn Partnership, Ltd. and the Town of Vail on or ''*-`_ ' before August 31, 1985. ,� %: , �,��.� ;-; ' _ Copies of invoices for monies expended to complete the improvements pursuant ' to the terms and conditions of the above-referenced Improvement Agreement st-,all also be enclosed with such statement. We hereby agree that drafts in the amount of the submitted invoices drawn under this Letter of Credit and in compliance with the terms, shall be promptly honored if presented to FirstBank of Vail on or beiore January 2, 1986. Sincerely, �lcL�, i . �---- Mark R. Ristow V ice Pres ident MRR:sjw r r.� T-�-�, ��'_ . Fr E�� S-..... . . k ,r � �.- , E , -. :�tY�~�-�. � '�r► � T0: Rams Aorn Partnership, Ltd. Box 705 Vail, Colorado 81658 FROM: Sewell Construction Box 1076 Vail, Colorado 81658 The landscaping, paving of F-1 and the moving of the pool fence will be completed for $12,000. Tliis work will be completed by August 31, 1985. m �.i1T'1S StWZil � /�, .� �--, -,.y:�`" r � � r � BR�:��hn�iiatv or �rr� rou r.��N>>sc�n►�t�;c; r�:�� ^.c, crvc� 3 junipers (S gallon) - $15.00 = �� S blue spruce 8' - 9' at 25 f�c�t = 3 Aspen 2"- 3" Cal at $50.00 = 11 Potentilla (5 gallon) at $10.00 = 11 Keping Cottoneaster (S gallon) at $10.00 = Sod 1,000 square feet at $17.00 square foot = Installation Paving of lot = 4" gravel (B & B estimat�) 2" asphalt Fill dirt - 50 trucks at $45.00 = Move ience and repair ��:.= � �:; - .. 7'o�al S 45.00 1000.00 1�0.00 110.00 110.00 170.00 $ 1,5S5.00 ?00 . GO �- � � $ �,940.00 ?,'?�C.00 _ 1,500.00 511,975.00 A Professional Corporation � � ,43Eas`Mead°W °"�e MORTERFISHERARC�IITECTS Crossroads at Vail Vail, Colorado 81657 303'476-5105 � February 7, 1985 Ms. Kristan Pritz Planner Too TOWN OF VAIL 75 South Frontage Road Vail, Colorado 31657 Re: RamsHorn Remodel Dear Kristan: As you may recall, we agreed during the design review process to provide control of some kind for the new parking area east of the RamsHorn project. At that time, we were discussing a gate. We and the owners agree that a more appropriate means of control would be to issue parking passes to guests of the RamsHorn. The owner would have cars towed, if they did not have the appropriate pass. We feel this is best, for reasons including the following: 1. The owners have committed to the town that full-time management will be provided at the RamsHorn. This management can properly monitor the parking area. 2. There is no appropriate location for a gate. A gate at the top of the ramp, near the road, would provide no off-road stopping area, and would create traffic congestion on a very busy road. A gate at the bottom of the ramp would be a problem in winter, due to the steepness of the ramp. 3. Historically, tV�at area i�as not been required for RamsHorn guests, anyway, and there are significantly fewer units now, as a result of the remodelling. Please give me a call after you have reviewed this letter, for your com- ments. Thank you in advance for your quick response. Best r,�gards, 0 �� Jam . Morter�AIA MDRTER FISHER ARCHITECTS JRM:sw cc: Mr. Tim Garton tow� ot uai � 75 south irontage road vail, colorado 81657 (303)476-7000 Gina Kauer P. �. Box 750 Vial, Colorado, 81658 Dear Gina, . RE : ►=.1 office oi community development �•1arch 14, 1985 The Ramshorn Condominiumization Letter of Credit I wanted to give you some further information on how the letter of credit should be organized. The letter of credit should cover costs for paving of the parking area on Parcel F-1, the landscaping that was approved by the Design Review Board, a drainage plan for the parking area, any necessary drainage work and materials, as well as the removal of the fence that encroaches onto Town of Vail property. The work should be completed by October 15, 1985. An agreement between the o��ners of the Ramshorn and the Town of Vail should be written concerning the letter of credit. The agreement should also be applicable to any future owners of the Ramshorn. In order to deternine your costs I've included Section 17.26.130 concerning improvement securities from the major subdivision regulations. The Town Engineer, Bill Andrews, should review your cost estimates for these items before the letter of credit is actually drawn up. I am also working with the Town Engineer to determine what dimensions are necessary for the pedestrian easement. ,�fter talking with Bill Andrews, it appears that most of the sidewalk area can be located on Town of Vail property. Please give me a call if you have any further questions. Sincerely, i�1 ` Krista}� Pritz Town Planner CC: Jay Peterson, Attorney at Law Mark Ristow, lst Bank of Vail KP/ rme � � � . March 13, 1985 Mr. Steve Patterson Town of Vail Building Department 75 South Frontage Road Vail, Colorado 81657 Dear Steve: After examination of our stairs hand railings with. Gary Murrin, we understand that the hand railings do not meet the "black and white" of the Vail building code. However we feel that the railings do meet the "spirit and intent" of that code. The hand railings were purchased from Coffman Stair Parts, Visador Company, 1000 Industrial Road, Marion, Virginia 24354, and we have been told that this company considers these to be standard hand railings that meet most building codes. We also have adjusted the hand railings after previous inspections so that they protrude farther from the walls as suggested by another Vail town official. This extra space between the railing and the wall gives a person using the stairway access to the thin vertical edge of the railing. Best Regards, David Garton, Jr. DG:rmg � on a��' t��19�e$ sa�e�� e\ ggy�`a� oQ�e g ea� e�e�e� �,a a March 7, 1985 Mr. Steve Patterson Town of Vail Building Department 75 South Frontage Road Vail, Colorado 81657 • � Dear Steve: We are extremely pleased with the railings in the Rams-Horn and feel they finish the building off beautifully. We bought the railings from Coffman Stair Parts, Visador Company, 1000 Industrial Road, Nlarion, Virginia 24354. Best Regards, r ��S,�k� .t' U?- �- �� David Garton, Jr. DG:rmg P. O. BOX 705, VAIL, CO 81658 (303) 476-5075 ' `, � � � lO�) � 75 south frontage road vail, colorado 81657 (303)476-7000 January 25, 1985 Gina Kauer Post Office Box 705 Vail, Colorado 81658 Re: Ramshorn Condominiumization Dear Gina, � � � ,: ;. ;f _ ��:., � � �� I have enclosed the letter from Peter Patten dated August 14, 1984. In addition to meeting the requir ements in the letter, the Design Review Board had several issues that needed to be addressed before the condominiumization is complete: 1. 2. 3. 4. DRB approval was given based on the parking lot being con- structed without retainage - if retaining is required, the proposal must be reviewed by the DRB. The transformer should be accurately located and screened by plantings. Title report information is needed for the easements numbered 12 and 13 from Schedule B-2. A gate should be provided for the new parking area. If you decide that you are unable to construct the new parking and landscaping at this time, you may submit a letter of credit to the Town or establish an escrow accoUnt to cover the construction costs. � � \! The applicants who are requesting the condominiumization would be responsible for obtaining construction estimates for the parking and landscaping. Larry Eskwith would write the actual agreement that would allow the condominiumization of the Ramshorn before the landscaping and parking would be constructed. The staff will proceed with a preliminary review of the condomin- iumization submittal. It is our understanding that you are in the process of obtaining the correct signatures for the mylars. Please call me if you have any further questions. Sincerely, � �� \ .� . Kristan Pritz Town Planner KP:br Enclosure � 0 � � � � � to��n ofi �aill% 75 south frontage road vaii, colorado 81657 (303)G76-7000 August 14, 1984 Mr. Rick Petershack Attorney at Law 777 East Wisconsin Avenue Suite 2900 Milwaukee, Wisconsin 53202 Dear Rick: � oiflce oi community development Re: Ramshorn Lodge Pursuant to a request by Jay Peterson, on behalf of the Ramshorn Lodge, I am writing this letter to inform you that the final condominium map will be executed by the appropriate officials of the Town of Vail when the follow- ing occurs: 1. A completely signed condominium map in mylar form (two copies) is presented to the Town, which map represents the final construction built according to the plans and specifications for the Ramshorn Lodge approved by the Town of Vail Community Development Department. 2. A final condominium declaration, in recordable form, is given to the Town with the following or similar language. a. An owner's personal use of his unit shall be restricted to 14 days during the seasonal periods of December 15th through April 15th and 14 days during June 15th through September 15th. This seasonal period is hereir�after referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guests of the o�rner or ta�;ing the unit off the rental market during the seasonal per-iods referred to herein for any reason other tF�an necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodae manager of staff employed by the lodge, however, shall not be restricted by this section. �1r. Rick Petershack Page 2 �' 8/14/84 �,r►', u � � b. A violation of the owner's use restriction by a unit owner shall subject - the owner to a daily assessment rate by the condominium association of three times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be deposited in the general funds of the condominium for use in upgrading and reparing the cor�non elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that o�ti�ner's unit, which lien shall be evidence by written notice placed of record in the office of the clerk and recorder of Eagle County, Colorado, and which may be collected by foreclosure, on an owner's condo��inium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the o�ti�ner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the to�vn shall receive the funds collected as a result of such_enforcement. In the event litigation results from the enforcerent of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. c. The town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. d. That the lodoe shall continue to provide customary lodge faci7ities and services including a customary marketing program. e. That the cor;verted condominium units shall remain available to the general tourist market. This condition may be met by inclusion of the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. f. All conditions of approval stipulated by the Planning and Environmental Commission (already sent to you) are met. This includes construction of parking and landscaping as stipulated in the PEC's motion for approval. g. Completion of irprovements specified in the Condominium Conversion report prepared by the Community Develop�nent Department and the Fire Department. If you have any questions, please contact me at the To�•rn of Vail Community Development Department. Sincerely, %� -- --- i ,� ; — " ; .•' `- - A. PETER PATTE�;, JP,. kcti ng Di rector Co��:.uri ty F�PP: bpr � � `,� � _� Development \' � � � _ ,,.►-� APPLICATION F�R CONDOMINIUM/TOWNHOUSE PLAT REVIEW A. NAME OF APPLICANT MAILING ADDRES V/�/ � . _ ��►n DATE �' 7=! ' •� C:J '.. t„� . I �f1 �"1 LI� /I'1 i �l i u�S P HON E ""��G ' SD �J� 6. NAME OF APPLICANT'S REPRESENTATIVE /"' MA � ING ADDRESS �X �J� �/ /i L 6' PHONE �' ' �'J C. NAME OF PROPERTY OWNER (print or type) OWNER'S SIGNATURE // �T� Q (n. :, MAILING ADDRESS D. LOCATION OF PROPOSAL E � PHONE ��/p. �j � �� LOT�BLOCK�SUBDIVISION Vf�/ � ��,� FILING � �� -�� % � �. � � � �� `i, � • � /.', � E. FEE $100.00 PAID / �' ��' � �� ° � � �` v F. MATERIALS TO BE SUBMITTED 1. Three (3) copies, two of which must be mylars of a site map following the requirements of Section 17.16.130(C) 1,2,3,4,6,7,8,9,10,11, 13 and 14 of the Subdivision Regulations. 2. The condominium or townhouse plat shall also include floor plans, elevations and cross-sections as necessary to accurately determine individual air spaces and/or other ownerships and if the project was built substantially the same as the approved plans. 3. A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. G. APPROVAL PROCESS, REVIEW CRITERIA These can be found in Chapter 17.22 of the Subdivision Regulations. H. FILING AND RECORDING The zoning administrator shall be the final signature required on the plat so that the Department of Community Development will be responsible for promptly recording the approved plat with the Eagle County Clerk and Recorder. • INTER-DEPARTMENTAL REVIEW PROJECT: (/�ffn�S�,2N L`� DATE SUBMITTED: COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: u �Q�voo /�//9� DATE OF PUBLIC HEARING PUBLIC WORKS �-' Reviewed by: Date / � S Comments: � � --- _ 6�� ,� -;----� � �- T ��y°�'r- ,r .(�r-�,- � � �4'> ��PO�� 7a �° U /Ll 7 y r %t�9 � SN-n w S u P o..� f c�97' �t/ 1¢S � T ��o a�✓�_..7 � �/C FIRE DEPARTMENT Reviewed by:_ Comments: POLICE DEPARTMENT Reviewed by: Comments: RECREATION DEPARTMENT Reviewed by: Comments: Date Date Date C�9��-'►-��? S�-�cF��G � Sa o/� i �. �; /� .� �13575 � �i� ��w::� ,303 '".{Nhi� i ; � ; HtLLIPS `�; L�� t; ; ', . �'t�CORDErr JuN I 9 9 09 A�I 'A� TABLE OF CONTENTS TO CONDOMII�TIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS ARTICLE I Definitions ARTICLE II Description of Condominium Ownership Section 1. CONDOMINIUM MAP. Section 2. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. 12194 INSEPARABILITY OF A CONDOMINIUM UNIT - COMBINATION OF CONDOMIIQIUM UNITS. DESCRIPTION OF A CONDOMINIUM UNIT. SEPARATE ASSESSMENT AND TAXATION NOTICE TO ASSESSOR. TITLE. NONPARTITIONABILITY OF COMMON ELEMENTS. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. Section 9. COVENANTS RUNNING WITH THE LAI�D. ARTICLE III Owners' Property Rights Section 1. USE OF LIMITED COMMON ELEMENTS. Section 2. USE OF GENERAL COMMON ELEMENTS. ARTICLE IV Easements Section 1. ENCROACHMEI�TS. Page 1 2 2 3 3 3 4 4 4 4 4 5 5 5 5 5 Section 2. USE AND ENJOYMENT OF COMMON ELEMENTS. 5 Section 3. BLANKET EASEMENTS. 5 Section 4. EASEMENTS FOR EMERGENCY INGRESS AND EGRESS TO UNITS. Section 5. EASEMENTS SUBJECT TO RULES. ARTICLE V The Association !� � � C:� ��,�, �� I�LL� V �,� TABLE OF CONTENTS TO CONDOMINIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS (Continued) 12194 Section 1. DUTIES OF ASSOCIATION. Section 2. MEMBERSHIP I� ASSOCIATION. Section 3. VOTING RIGHTS IN ASSOCIATION. ARTICLE VI Maintenance Section 1. OWNERS' RESPONSIBILITY OF MAINTENANCE. Section 2. ASSOCIATION DUTY OF MAINTENANCE. ARTICLE VII Use and Other Restrictions Section 1. COMPLIANCE WITH PROVISIONS OF DECLARATION AND BY-LAWS. Section 2. USE AND OCCUPANCY. Section 3. SPECIAL USE RESTRICTIONS. ARTICLE VIII Assessments Section 1. COVENANT TO PAY ASSESSMENTS. Section 2. DECLARANT'S OBLIGATION FOR ASSESSMENTS. Section 3. USE OF ASSESSME�TS. Section 4 RESERVE AND WORKING CAPITAL FUNDS. Section 5. ANNUAL ASSESSMENTS. Section 6. EXTRAORDINARY ASSESSMENTS. Section 7. BASIS FOR ASSESSMENTS. Section 8. ASSESSMENTS PAYABLE QUARTERLY. Section 9. LIEN FOR NONPAYMENT OF ASSESSMENTS. - (ii) - Page 6 8 8 9 9 . . . 10 11 12 12 13 13 14 14 15 15 15 15 12194 TABLE OF CONTENTS TO CONDOMINIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS Continued Section 10. INITIAL CAPITAL CONTRIBUTION. Section 11. LIABILITY FOR COMMON EXPENSES UPON TRANSFER OF CONDOMINIUM UNIT. ARTICLE IX Insurance Section 1. BLA�KET POLICY. Section 2. INSURANCE FOR THE ASSOCIATION. Section 3. INSURANCE PROCEEDS SUBORDINATE TO MORTGAGE. Section 4. ASSOCIATION �OT LIABLE FOR DAMAGE. ARTICLE X Damage and Destruction, Obsolescence, Condemnation Section 1. APPOINTMENT OF ATTORNEY-IN-FACT. Section 2. DAMAGE A1�iD DESTRUCTION. Section 3. OBSOLESCENCE. Section 4. CONDEMNATION. ARTICLE XI Mortgagee's Righ ts Section 1. NOTICES. Section 2. MORTGAGEE REQUESTS. Section 3. NO IMPAIRMENT OF LIEN. Section 4. CONSENT OF MORTGAGEES REQUIRED. ARTICLE XII Revocation or Amendment to Declaration Section 1. AMENDMENTS AND REVOCATION. Section 2. SPECIAL AMENDMENTS. - (iii) - Page 16 16 17 17 18 18 18 19 19 19 20 21 22 22 22 23 23 23 23 24 12194 TABLE OF CONTENTS TO CONDOMINIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS (Continued ARTICLE XIII Personal Property for Common Use. ARTICLE XIV General Section 1. NOTICES. Section 2. ARBITRATION REQUIRED FOR ANY CLAIM HEREUNDER. Section 3. PERIOD OF CONDOMINIUM OWNERSHIP. Section 4. ACCEPTANCE OF PROVISIONS OF ALL DOCUMENTS. Section 5. RECORDED EASEMENTS AND LICENSES. Section 6. INTERPRETATION. Section 7. OTHER LIENS. Section 8. MAJOR RECREATIONAL FACILITIES. Section 9. SPECIAL RESERVATION FOR DECLARANT. EXHIBIT A. CONDOMINIUM PROPERTY DESCRIPTION. EXHIBIT B. INTERESTS IN COMMON ELEMENTS. EXHIBIT C. RECORDED EASEMENTS AND LICENSES. - (iv) - Page 24 24 24 25 25 25 25 25 26 26 26 12194 CONDOMINIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS This Declaration is made on the date hereinafter set forth by RAMSHORN PARTNERSHIP, LTD., a Colorado limited partnership . WITNESSETH: WHEREAS, Ramshorn Partnership, Ltd. ("Declarant") is the owner of the real property described in Exhibit A attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, Declarant desires to establish a condominium project under the Condominium Ownership Act of the State of Colorado and to subject th e Property to th e covenants, easements and restrictions herein contained; and WHEREAS, Declarant will convey interests in the Property subject to the covenants, conditions, restrictions and easements set forth herein. NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations and obligations which shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the rea3. property and improvements subject to this Declaration, his grantees, successors, heirs, executors, administrators, devisees and assigns. ARTICLE I Definitions Section l. Assessment Ratio" in respect of any Con- dominium Unit means the percentage interest in the Common Elements set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 2. "Association of Unit Owners" or "Associa- tion" means RAMS-HORN LODGE CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation, the Articles of Incorporation and By-Laws of which shall govern the administration of this condominium project. Section 3. "Board" means the Board of Directors of the Association. Section 4. "Buildinc�" means th e individual building in which th e Units are located as shown on the Condominium Map. Section 5. "Common Elements" means th e General and Limited Common Elements. Section 6. "Common Expense" means and includes expenses of administration and management, maintenance, repair or replacement of th e Common Elements, and those uses of 12194 assessments provided for in Section 3 of Article VIII of this Declaration. Section 7. "Condominium Map" means and includes the survey of the land locating thereon all of the improvements, the floor and elevation plans depicting the Building and the Condominium Units and any amendments or supp3.ements thereto. Section 8. "Condominium Unit" means a Unit together with the interest in th e General Common Elements appurtenant thereto. Section 9. "First Mortgage" means a first deed of trust or first mortgage encumbering a Condominium Unit. Section 10. "First Mortgagee" means the holder of a First Mortgage. Section 11. "General Common Elements" means and includes th e Property and all improvements constructed thereon, except the Units ; Section 12. "Limited Common Elements" shall mean and refer to any portion of the General Common E3.ements designated in the Declaration or the Map as reserved for exclusive use by the owner or owners of a particular Condominium Unit or Units, including but not limited to Garages. Section 13. "Owner" means a person, firm, corporation, partnership, association or other legal entity, or any combination thereof, owning one or more Condominium Units. Section 14. "Project" means all of th e Property and improvements now or hereafter constructed thereon. Section 15. "Property" sh all mean and refer to the real property located in the County of Eagle, Colorado described in Exhibit A attached hereto and incorporated herein by this reference. Section 16. "Rules" shall mean and refer to th e ru3.es and regulations adopted by the Board from time to time. Section 17. "Unit" means an individual air space unit (as that term is defined in the Co3.orado Condominium Ownership Act) which is contained within the unfinished perimeter walls, floors, and ceilings of a Unit as sh own on the Condominium Map; and shall include th e drywall wall paneling, wood, tile, paint, carpeting and any other wall, ceiling or floor covering, windows, window frames, doors and door frames. A Unit shall include any heating elements, utility lines, pipes and similar utility fixtures located within the unfinished perimeter walls, floors and ceiling, but shall not include any structural components of the Building or utility or service lines serving more than one Unit. ARTICLE II Description of Condominium Ownership Section l. CONDOMINIUM MAP. A Condominium Map shall be filed for record prior to the conveyance of the first Condo- minium Unit. The Condominium Map shall consist of and set - 2 - 12194 forth: (1) the legal description of the surface of the Property; (2) the linear measurements and location of the Building, with reference to the exterior boundaries of the Property; (3) floor plans and elevation plans of the interior of the Building, including the Units, showing the location, designation and the linear dimensions of the Building and Unit, the structural and supporting walls, the common walls between Units, the location of any structural or supporting components within Units and the designation of the Limited Common Elements. In interpreting the Condominium �4ap, the existing boundaries of each Unit as constructed shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend the Condominium Map, from time to time, to conform the same to the actual physical loca- tion of the constructed improvements and to any changes, modif- ications or alterations. The Project shall be developed in a manner which is consistent with the Condominium Map and other approved development plans, as such maps and plans may be changed, amended, modified, or revised from time to time. Section 2. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. The real property and improvements constructed thereon are hereby divided into seventeen (17) fee simple estates, each such estate consisting of one Unit together with the appurtenant undivided percentage interest in the Common Elements specified on the attached Exhibit B, which by this reference is made a part hereof. Ownership of the Common Elements shall be divided among the Owners of the Units as set forth in Exhibit B and the Common Elements shall be held in common by the Owners thereof. Each Condominium Unit shall be identified on the Map by the number shown on Exhibit B. The Property shall not be divided into more than seventeen (17) such fee simple estates. Section 3. ITISEPARABILITY OF A COND0�4IDIIUM UNIT - COr1BINATION OF CONDOMINIUM UNITS. Each Unit and the undivided interest in the Common Elements appurtenant thereto shall be in- separable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. Declarant hereby reserves the right to combine physically and/or for purposes of sale certain Condominium Units and to construct such improvements and alter as much of the Common Elements as are necessary for this purpose. The right of Declarant to combine Condominium Units may he assigned to the Owners of Condominium Units. An Owner may combine Condominium Units and may separate Units which were previously combined. Such combined Condominium Units may be sold, conveyed, transferred, encumbered or leased together or separately. Al1 Condominium Units shall be designated by the appropriate legal description as provided for in Section 4 of this Article II, whether or not such Unit is sold separately or in combination with one or more other Condominium Units. Section 4. DESCRIPTIODT OF A CONDOP�INIUM UNIT . Every contract for the sale of a Condominium Unit and every other in- strument affecting the title to a Condominium Unit may describe that Condominium Unit by the number shown on the Condominium Map with appropriate reference to the Condominium Map and this Declaration, as each appears on the records of the County Clerk and Recorder of Eagle County, Colorado, in the following fashion: Condominium Unit , RAMS-HORN LODGE CONDOMINIUMS, according to the Condominium Map appearing in the records of the Clerk and Recorder of the County of Eagle, Colorado at Book , Page , Reception No. , as defined and described in the - 3 - 12194 Condominium Declaration for RAMS-HORN LODGE CONDOMINIUMS, appearing in such records at Book , Page , Reception No. Such description will be construed to describe the Unit, together with the appurtenant undivided interest in the Common Elements, and to incorporate all the rights incident to ownership of a Condominium Unit and all limitation on such ownership as described in this Declaration. Section 5. SEPARATE ASSESSMENT AND TAXATION NOTICE TO ASSESSOR. Declarant shall give written notice to the Assessor of Eagle County, Colorado, of the condominium ownership of this Property, as is provided by law, so that each Unit and its percentage of undivided interest in the Common Elements shall be deemed a separate parcel and subject to separate assessment and taxation. Section 6. TITLE. A Condominium Unit may be held and owned by more than one person, firm, corporation, partnership, association or other legal entity, in any real property tenancy relationship recognized under the laws of the State of Colorado. Section 7. NONPARTITIONABILITY OF COMMON ELEMENTS. The Common Elements shall be owned in common by all of the Own- ers of the Condominium Units and shall remain undivided, and no Owner shall bring any action for partition or division of the Common Elements. No Condominium Unit may be partitioned or subdivided. Condominium Units which have been combined physi- cally or for purposes of sale may be separated into or sold as separate Condominium Units, provided that any Condominium Unit created by this Declaration is not thereby partitioned or subdivided. Nothing contained herein shall preclude the Declarant or an Owner from combining or separating Condominium Units as provided under Section 3 of this Article II. Section 8. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall be the basis for filing a lien against the Unit of any other Owner not expressly consenting to or requesting the same, or against the Common Elements owned by such other Owners. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against all liability arising from the claim of any lien against the Common Elements for construction performed or for labor, materials, services or other products incorporated in or otherwise attributable to the Owner's Condominium Unit. Section 9. COVENANTS RUNNING WITH THE LAND. All provisions hereof shall be deemed to be covenants running with the land, or as equitable servitudes, as the case may be. The benefits, burdens, and other provisions contained in this Declaration shall be binding upon, and inure to the benefit of, the Declarant, the Association, and all Owners, and upon and to their respective heirs, executors, administrators, personal representatives, successors, and assigns. Any right or any interest reserved or contained in this Declaration to or for the benefit of the Declarant may be transferred or assigned by the Declarant, either separately or with one or more of such rights or interests, to any person, corporation, partnership, association or other entity. �� 12194 ARTICLE III Owners' Property Rights Section l. USE OF LIMITED COMMON ELEMENTS. Subject to the provisions of this Declaration, each Owner shall have the right to use and enjoy the Limited Common E3.ements appurtenant to his Unit. Such Limited Common Elements are as follows: any deck that may adjoin a Unit shall be used exclusively by the Owners of the respect�.ve Unit; Storage spaces, if any, as may be designated on the Condominium Map shall be used exclusive3.y by the Owners of the Condominium Units to which the same are appurtenant as shown on the Condominium Map. Any other Limited Common Elements shown on the Condominium Map shall be appurtenant to th e Units so designated on the Condominium Map. No reference to such Limited Common Elements need be made in any deed, deed of trust, instrument of conveyance or other instru- ment concerning a Condominium Unit; and any such deed, deed of trust, instrument of conveyance, or oth er instrument concerning a Condominium Unit shall be deemed to convey the right to the exclusive use of such Limited Common Elements without reference thereto. Section 2. USE OF GENERAL COMMON ELEriENTS. Each Owner shall be entitled to exclusive ownership and possession of his Unit. Subject to the Rules, each Owner, his family, guests and invitees, may use the Common Elements in common with the other Condominium Unit Owners in accordance with the purpose for which they were intended. ARTICLE IV Easements Section l. ENCROACHMENTS. If any portion of the Common Elements now or hereafter encroaches upon any Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of th e Unit now or hereafter encroach es upon the Common Elements or upon an adjoining Unit or Units, a valid easement for the encroachment and for maintenance of same, so long as it stands, sh all and does exist. For title and other purposes, such encroachments and easements shall not be considered or deter- mined to be encumbrances on either th e Common Elements or Units. Section 2. USE AND ENJOYMENT OF COMMON ELEMEI�7TS. Subject to the provisions of section 5 of Article IV, every Owner of a Condominium Unit sh all have a right and easement of use and enjoyment in and to th e General Common Elements. Such right and easement of enjoyment shall include the right to the nonexclusive use of th e General Common Elements, by the Owners, th eir families, guests and invitees, subject to the Rules prom- ulgated by the Association. Section 3. BLANKET EASEMENTS. There is hereby creat- ed a blanket easement upon, across, over and under a13. of the General Common Elements for ingress and egress, and for instal- lation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, cablete3.evision and electricity. Declarant, and following termination of Class B Membership th e Board, may execute and deliver any and all documents which they deem reasonably required to evidence the foregoing easements. An easement is '�'� 12194 further aranted to all police, fire protection and ambulance personnel, and all similar persons to enter upon the Common Elements and Units in the performance of their lawful duties. An easement is further granted to the Association and reserved to Declarant to enter in, onto, above, across or under the Common Elements and any Unit to perform maintenance and repair to any Unit or the Common Flements. Section 4. EASEMENTS FOR EMERGENCY INGRESS AND EGRESS TO UNITS. The Association through its duly authorized agents shall have the right in case of any emergency originating in or threatening a Unit to enter any Unit immediately without request for the purpose of locating and repairing any such peril. The Association also may enter into a Unit for the purpose of performing installation, alteration, or repair to the mechanical, electrical or utility services, which, if not performed, would impair the use of other Units, provided that the Association provides a written notice of the time and date of such entry to the occupant of the Unit at the time of the entry at least three hours prior to the time such entry occurs. Duplicate keys to the doors of each Unit shall be kept by the Association. Section 5. EASEMENTS SUBJECT TO RULES. The right and easement of enjoyment created hereby shall be subject to the right of the Association to publish reasonable rules and regu- lations governing the use of the Common Elements. ARTICLE V The Association Section 1. DUTIES OF ASSOCIATION. The administration and management of the General Common Elements shall be vested exclusively in RAMSHORN LODGE CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation, hereinafter referred to as the "Association." An Owner of a Condominium Unit, upon becoming an Owner, shall be a member of the Association and shall remain a member for the period of his ownership. Any purchaser of a Condominium Unit shall be deemed to have assented, ratified, and approved such designation. The Association shall have the following duties, rights and powers: (a) To collect monthly or periodic assessments from Owners; to collect delinquent assessments by suit or other- wise; and to collect such other assessments as are authorized herein. (b) From funds collected, to provide for mainten- ance, construction, management, insurance, care of Association property and Common Elements, and such other expenses as are enumerated in this Declaration. (c) To lease, acquire and sell real or personal property in pursuance of its obligations including any portion of the Common Elements, subject to Section 4 of Article XI below. (d) To enter into and upon the Units when neces- sary in connection with the duties of the Association set forth in this Declaration. (e) To enjoin or seek damages from or assess fines against the Owners for violation of the Declaration, the Articles of Incorporation of the Association, the By-Laws of the Association, and the Rules promulgated by the Association. - 6 - 12194 (f) To employ workmen and others; to contract for services to be performed, including those of a manager; to pur- chase supplies and equipment; to enter into contracts; and gen- erally to have th e powers of an apartment house or property man- ager in connection with the matters herein set forth, except th at th e Association may not encumber or dispose of the fee title of any Owner except to satisfy a lien, award or judgment against such Owner for violation of the covenants imposed by this Declaration. The Association shall not enter into any con- tract or management agreement for the furnishing of services (other than utility or laundry services), material or supplies, the term of which is in excess of one year; and further provided that any contract or management agreement entered into (exclud- ing those for utilities) by the Association shall be terminable by the Association for cause upon thirty (30) days written notice and terminable without cause upon ninety (90) days written notice without the payment of a penalty or fee. (g) To protect and defend the Common Elements from loss and damage by suit or otherwise. (h) To employ counsel, attorneys and auditors in connection with legal matters of the Association and in connec- tion with any audit of its books and records, wh ich audit shall be available to Owners and holders of deeds of trust for inspec- tion at th e Association office, as h ereinafter provided. (i) To deposit funds in the hands of the Board which are not necessary for immediate disbursements in insured savings accounts of National or State Banks or Savings and Loan institutions earning the standard rate of interest. (j) To file legal protests, formal or informal, with authorities against th e granting by authorities of zoning ordinances or variances concerning any property within a reason- able proximity of the Properties which might affect the value of any Owner's interest in the Common Elements. (k) To adopt Rules in accordance with the By-Laws for the regulation and operation of the Units and the Common Elements. (1) To charge fees for th e use of any facilities situated upon th e General Common Elements. (m) To borrow money and as security therefor mortgage, pledge or grant security interests in the property of the Association. (n) To enter into agreements with third-parties, including the acquisition of an ownership interest in such third-party, for th e purpose of providing parking or other facilities for Owners and to pay all sums that may be required in connection with such parking agreements. ( o) With the approval of the Board only, to provide rental management services to Owners, either directly or through contracts with rental management companies, provided that no Owner shall be required to enter into rental or management agreements with or through the Association except by a specific agreement between an Owner and th e Association or such rental management company. - 7 - 12194 (p) In the event that a First Mortgagee has required the Association to obtain th e services of an outside professional management organization for the purpose of managing the Common Elements and otherwise carrying out the duties of the Association, the Association may not terminate the agreement with said professional management company for th e purpose of having the Association manage the Common Elements or otherwise carry out the duties previously conducted by the outside professional management organization without the prior consent of at least sixty-seven percent (67$) of the Owners and at least fifty-one percent (51�) of the First Mortgagees. (q) The Association shall provide customary lodge facilities and services, including, but not limited to, a front desk, mail service, check-in/check-out services for Owners and other occupants of Units, and, with the specific consent of the Board, a marketing program. The Association may adopt rules and regulations governing th e type and quality of furnishings provided by Owners in Units which are made available for rental to the general public. (r) The Association may, at th e request and expense of an Owner, perform maintenance, repair and other on such Owner's Unit. Expenses incurred in connection with work shall be billed direct3.y to such Owner, shall be in addition to assessments on such Unit, and sh all constitute lien on such Unit in the same manner as assessments. Section 2. MEMBERSHIP IN ASSOCIATION. work such a The following shall be entitled to membership in the Association: (a) All Owners shall automatically become Members of th e Association, and shall be entitled to one membership for each Condominium Unit owned, except Condominium Unit 7 which shall have two memberships. Upon the sale or transfer of a Condominium Unit by an Owner, that person's membership shall terminate and shall be automatically transferred to the purchaser or transferee. (b) Declarant or its successors or assigns; pro- vided however, such membership shall terminate upon termination of th e Class B Membership except with respect to any Condominium Unit then owned by Declarant. Section 3. VOTING RIGHTS IN ASSOCIATION. (a) There shall be the following two classes of Members: Class A Members shall be all the Owners and shall be entitled to one vote for each Condominium Unit owned, except Condominium Unit 7 which shall have two votes. Where Condominium Units are owned by more than one Owner, such Owners by a written instrument shall designate one of such Owners to be the voting Member. In the absence of such designation, the Board may designate one of the Owners as th e voting Member. When the same person owns more than one Condominium Unit, th e Owner shall entitled to one vote on Association matters for each Condominium Unit owned, except Condominium Unit 7 which shall have two votes. (b) Declarant shall shall be entitled to th ree votes to or other designated representative Unit owned by it. Declarant shall �:� be th e Class B Member and be exercised by an officer thereof, for each Condominium not be a Class A Member so 12194 long as it is a Class B Member, but upon termination of Class B membership it shall be a Class A Member for each Condominium Unit owned by it. Class B Membership shall terminate upon th e earlier of (a) three (3) years from the date this Declaration is first recorded, or (b) 120 days following the closing of the sale of seventy-five percent (75g) of the Condominium Units in the Project; provided, however, Declarant may elect to terminate the Class B membership at any earlier time. (c) Notice of any meeting of the Members of th e Association shall be given not less than seven (7) days prior to such meeting, unless unanimous consent of all Members is obtained, in which event such notice need not be given. The Association may provide for a longer period of time in which such notice may be given. Prior notice of ineetings of the Board of Directors of the Association sh all be given to Owners in accordance with provisions adopted by the Board. ARTICLE VI Maintenance Section 1. OWNERS' RESPONSIBILITY OF MAINTENANCE. Each Owner shall be responsible for maintenance, repair, altera- tion and remodeling of the windows, doors, interior nonsupport- ing walls, the materials (such as, but not limited to, plaster, gypsum dry walls, paneling, wallpaper, brick, stone, paint, wall and floor tile and flooring, but not including the subflooring) making up the finished surfaces of his Unit. All fixtures and equipment installed within the Unit commencing at a point where the utility lines, pipes, wires, conduits or systems enter the Unit shall be maintained and kept in repair by th e Owner there- of. In addition, each Owner shall be responsible for mainten- ance and repair of any Limited Common Elements appurtenant to such Owner's Condominium Unit. If a Limited Common Element is appurtenant to more than one Condominium Unit, th en th e Owners of such Condominium Units shall jointly and severally be repon- sible for the repair and maintenance thereof. Any finishing materials removed shall be replaced with similar or other types or kinds of finishing materials of equal or better quality. An Owner shall do no act nor any work that will impair the structural soundness or integrity of any Building or impair any easement or hereditament. Limited Common Elements shall be kept clean and orderly by th e Owner or Owners having the right to use such Limited Common Elements. Section 2. ASSOCIATION DUTY OF MAINTENANCE. All maintenance, repairs or replacements to th e General Common Elements, whether located within or without the Units, shall be made by the Association. The cost thereof shall be charged to all Owners as a Common Expense unless such maintenance, repairs and replacements are necessitated by the negligence, misuse or neglect of an Owner, his guests, tenants, invitees or licensees, in which case such expenses shall be charged to such Owner as an Fxtraordinary Assessment. ARTICLE VII Use and Other Restrictions Section 1. COMPLIANCE WITH PROVISIONS OF DECLARATION AND BY-LAWS. Each Owner and his guests, families, tenants and invitees shall comply strictly with the provisions of this Dec3.aration, the Artic3.es of Incorporation, By-Laws and Rules of �'� 12194 the Association, and the decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action to recover sums due for damages or injunctive relief or both, maintainable by the managing agent or Board of Directors in the name of the Association on behalf of the Owners or, in a proper case, by an aggrieved Owner. Section 2. USE AND OCCUPANCY. (a) Al1 Units shall be used and occupied princi- pally for temporary or permanent residential purposes by the Owner, by the Owner's family or the Owner's guests and tenants; provided, however, Declarant, his employees, representatives, agents and contractors may maintain business and sales offices, construction facilities, model Units and such other facilities on the Property and shall have an easement and right of access to the Common Elements for such purpose. (b) All use and occupancy of the Common Elements shall be governed by the Rules of the Association. (c) Nothing shall be done within the Common Elements or Units which could be in violation of any statute, rule, ordinance, regulation, permit or validly imposed requirement of any governmental body. (d) No noxious or offensive activity shall be carried on upon th e General Common Elements or in the Units. (e) No animals of any kind, except household pets, shall be raised or kept on any of the Common Elements or in the Units. The Association may limit the number of household pets which may be kept in a Unit. Dogs shall be leash ed at all times when on the Common Elements, and each pet's owner sh all confine his pet for excretion to such areas as are designated for such purpose. Pets constituting a nuisance may be required to be confined to or removed from th e Unit by the Board. (f) Unsightly objects and materials shall not be placed upon the Common Elements. No part of the Common Elements may be used as a dumping ground for garbage, trash or other waste, and the same shall be disposed of in a sanitary manner. All equipment for the storage or disposa3. of garbage, trash or waste shall be kept in a clean and sanitary condition. Garbage, trash or waste shall be disposed of in such a manner as may be established by the Association, and the burning of garbage, trash or waste in outside incinerators, barbecue pits or the like is prohibited. The Association shall have the right to enter upon any Limited Common Elements and remove such refuse piles or other unsightly objects and materials at the expense of the Owner, following due notice to such Owner and the failure of the Owner to comply with this section. Such entry shall not be deemed a trespass. (g) The removal of trees, shrubs, furnishings and other improvements from the Common Elements shall be prohibited without the express written approval of the Board. No person shall permit water to be introduced or placed into or on the soil anywhere within the Common Elements without the express written approval of the Board. No landscaping, fencing or screening of a sundeck or porch or alterations to the Common Elements shall be performed or constructed without written approval from the Board. - 10 - 12194 (h) No signs, billboards or advertising devices of any nature except as may be auth orized by the Board and as are permitted by law or local ordinance shall be erected or rnaintained on any part of th e Common Elements; provided, h owever, the foregoing shall not apply to the business activities, advertising, or to the construction and maintenance of structures, if any, of Declarant while any Condominium Units remain unsold. The Association may erect signs or notices ident idfiing th e Property, parking spaces and setting forth Rules. (i) Except for vehicles used in the construction of improvements by Declarant, no vehicle of any type may be parked on the Common Elements except in parking spaces. No com- mercial type of vehicle, no trucks and no recreational vehicles shall be stored or parked on the General Common Elements except in areas designated by the Association. A Recreational Vehicle shall include for purposes of this Declaration, motor homes, motor coach es, buses, pickup trucks with camper tops or similar accessories, camping trailers or trailers of any type. Aban- doned vehicles of any kind, shall not be stored or parked on any portion of the General Common Elements, except in areas so designated by the Association. "Abandoned Vehicle" shall mean any vehicle which has not been driven under its own propulsion for a period of two (2) weeks or longer. Parking spaces shall be used only for parking automobiles and motorcycles and not for any other storage purposes. Motorcycles shall not be stored on patios or balconies. (j) All leases of Units shall be subject to the requirements of this Declaration and rules and regulations adopted by th e Association. The Association shall adopt rules and regulations governing the Units to ensure that rental of Units complies with applicable requirements set forth in Section 17.26.075 of the ordinances of the Town of Vail regarding the rental of Condominium Units created pursuant to a conversion to condominium ownership of a living unit not originally subjected to condominium ownership as such ordinance may be amended from time to time. Such rules and regulations may be changed in accordance with changes in or repeal of th e ordinances requiring such provisions, as described in Section 3 below. (k) The General Common Elements shall be maintained and operated in a manner consistent with the use of the Building as a lodge for the general tourist market, as well as for the use of the Owners. Section 3. SPECIAL USE RESTRICTIONS. (a) An Owner may use his Condominium Unit for no longer than fourteen days between each December 15 and April 15 and fourteen days between each June 15 and September 15. For the purpose of this paragraph an Owner shal� be considered to "use" his Condominium Unit if it is occupied by th e Owner or by a guest of the Owner who does not pay a fee for such occupancy, or if the Condominium Unit is not available for rental for any reason other than necessary repairs which cannot be delayed or which make the Condominium Unit reasonably unrentable; provided, however, occupancy by an employee of the Association shall not be deemed to be use by the Owner. (b) Except for the period of time within which Owner may use his Condominium Unit (a), the Condominium Units shall be general tourist market between each - 11 - as set forth in paragraph available for rental to the December 15 and April 15 and 12194 between each June 15 and September 15. This requirement may be met by including the Units, at comparable rates, in a local, regional, or other reservation system for the rental of lodge or condominium units in the Town of Vail. (c) If an Owner uses his Condominium Unit in excess of the permitted times set forth in paragraph (a) the Association may levy an Extraordinary Assessment against the Owner and the Owner's Condominium Unit in an amount equal to three (3) times the reasonable daily market rental rate for the Condominium Unit for each day of such excess use, and in the event the Association fails to levy such assessment, the assessment may be levied and collected by the Town of Vail which shall be entitled to the same lien rights as the Association to secure such assessment. Any sums collected by the Town of Vail as a result of the enforcement of the provisions of this paragraph shall be deposited into the general funds of the Town of Vail. (d) In the event that court proceedings are instituted to collect the assessment herein provided or to enforce the lien granted as security therefor, the prevailing party shall be entitled to its court costs and reasonable attorneys' fees actually incurred. (e) Upon request of the Town of Vail the Association shall provide the Town of Vail with records in its possession concerning the use of each Condominium Unit by the Owner thereof, as the term "use by Owner" is defined in paragraph (a). (f) The limitations in this Section 3 shall terminate and be of no further force and effect at such time as the ordinances of the Town of Vail which require the inclusion of such limitations in this Declaration have been repealed, finally determined to be invalid by a court of competent jurisdiction or amended in such a manner as to permit removal or modification of such limitations. Declarant reserves to itself and arants to the Association the right to modify the limitations in this Section 3 when permitted to do so under the circumstances described in the preceeding sentence, and hereby agrees to so modify the limitations in this Section 3 to less restrictive limitations when permitted to do so by the Town of Vail. (g) The provisions of this Section 3 shall not apply to Condominium Units C-7, C-15 and C-17, or to any other Condominium Units which may be exempted from such requirements by the Town of Vail from time to time. ARTICLE VIII Assessments Section l. COVENANT TO PAY ASSESSMENTS. Each Owner, by acceptance of a deed, agrees to pay the Association assess- ments or charges established and collected from time to time as herein provided. Such assessments, together with interest, the cost of_ collection, and attorney's fees shall be charged to the Condominium Units and shall be a continuing lien upon the property against which each assessment is made in the event of delinquency in payment. Such assessment, together with interest, costs, and reasonable attorney's fees also shall be the personal obligation of the person who was the Owner, or the - 12 - 12194 persons jointly and severally who were the Owners at the time when the assessment was made, provided that, such personal obligation of the Owner or Owners shall not pass to successors in title unless assumed by them and the lien on th e property for such assessment shall continue, whether or not a successor in title assumes such personal obligation. Assessments against each Condominium Unit shall commence as of the date of the transfer of tit3.e to such Condominium Unit by Declarant to a purchaser thereof but in no event later than sixty days following the first such transfer. Section 2. DECLARANT'S OBLIGATION FOR ASSESSMENTS. The Declarant may, but shall not be obligated to pay assessments, or to make payment into th e reserve fund or working capital fund, on any unsold units at the end of the sixty day period described in Section 1 above. In th e event th at Declarant elects not to pay assessments on unsold units, Declarant shall be responsible for any deficit in the Association budget for the period of time in which th e Declarant does not pay assessment for unsold units and only up to th e amount of assessments that would otherwise have been paid for unsold units. Declarant also may satisfy its obligation to pay assessments on unsold units, in part or in full, through payments for insurance, utilities and oth er payments wYiich would otherwise be the financial obligation of the Association, and through partial payments of assessments as Declarant, in its sole discretion, may determine. Notwithstanding the foregoing provisions, the Declarant shall pay assessments on any unsold Units that are rented or occupied for any period of time during a fiscal year of the Association. Section 3. USE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the acquisition, construction, management, maintenance and care of the Common Elements, and for the performance of all other duties and obligations incurred by the Association pursuant to this Declaration, including but not limited to: the provision of services, furnishings and facilities related to th e use and enjoyment of the Common Elements; the provision of gas, electricity, water and sewage disposal, cabletelevision and other utility service to the Units; the maintenance, repair and replacement of utilities, paving, lighting, walkways, and other facilities; provisions for snow removal, grounds upkeep, sprinkler systems, landscaping, garbage pickup, water and sewer service, administration expenses, working capital, rental and acquisition of rea3. or personal property; the operation of a front desk and similar facilities on the property for providing rental services, reservations and other services for th e Owners and other persons occupying th e Units, including the acquisition, maintenance, repair and replacement of equipment, other personal property and supplies utilized in connection therewith; maid service for the Units; firewood for use in the Units or any fireplaces located on the Common Elements; sums paid by the Association for the purpose of providing parking for Owners in facilities not located on th e Property; and such expenses as the Association, in its opinion, shall determine to be necessary and desirable including the establishment and maintenance of a cash reserve and a sinking fund for all of the foregoing purposes, including but not limited to an adequate reserve fund for th e acquisition, construction, maintenance, replacement and repair of those elements of the Common Elements which must be replaced on a periodic basis, to be charged against the Owners as part of th eir Annual Assessment. - 13 - 12194 Section 4. RESERVE AND WORKING CAPITAL FUNDS. The Association shall establish and maintain a reserve fund out of Annual Assessments for th e purpose of providing for the periodic maintenance, repair and replacement of Common Elements in an amount which the Association deems adequate. The Association also shall establish and maintain a working capital fund equal to at least three (3) months' estimated Annual Assessment for each Unit, which sums shall be collected and used as provided in Section 10 of Article VIII of this Declaration. Section 5. ANNUAL ASSESSMENTS. Annual Assess- ments may be made for the purposes of providing funds for the normal operations of the Association, including but not limited to, maintenance, repair or replacement of th e Common Elements (which expenditures shall not require the prior approval of the Owners), salaries, costs of operating the Association, insurance premiums, management fees, rental management fees, housekeeping services, office costs, reasonable reserves, amounts necessary to pay deficits or debts incurred by the Association, water and sewer rents and fees, gas and electricity furnished to the Building, real estate taxes and oth er special assessments on th e Common Elements, and funds for any oth er purpose or purposes of the Association provided for herein. The total amount of money required to be raised by Annual Assessments for each fiscal year shall be the amount, as determined by the Board, necessary to satisfy the costs and expenses of fulfilling such functions and obligations of the Association in such fiscal year, including the payment of deficits from prior fiscal years, providing reasonable reserves, and providing a reasonable carryover reserve for the following fiscal year. Any surplus remaining in the accounts of the Association at the end of each fiscal year sha3.l remain in such accounts and shall not be distributed to the Owners. To determine the amount required to be raised by Annual Assessments for any fiscal year th e Board shall, prior to commencement of such fiscal year, prepare an annual budget showing, in reasonable detail, the various matters proposed to be covered by the budget, the estimated costs and expenses which will be payable, th e estimated income and oth er funds which will be available in th at fiscal year, and the estimated total amount of money required to be raised by Annual Assessments to cover such costs and expenses and to provide a reasonable reserve. The Board of Directors shall furnish a copy of such proposed budget to any Owner and, upon request, to any First Mortgagee. Based on such budget, the Board of Directors shall determine the amount of the Annual Assessments for each Condominium Unit for such fiscal period as provided in Section 7 of this Article VIII. In the event that the Board shall determine, at any time or from time to time, that the amount of the Annual Assessment is not adequate to pay for th e costs and expenses of fulfilling the Association's obligations hereunder, the Board may increase th e amount of the Annual Assessment from time to time for the purpose of providing the additional funds required. To determine the amount required to be raised by each increase in the Annual Assessment, the Board shall revise the annual budget for such fiscal year or prepare a new budget, a copy of which shall be furnished to any Owner or on request, to any First Mortgagee. Based on such revised or new budget, th e Board may increase the Annual Assessment for such fiscal year from time to time. - 14 - 12194 Section 6. EXTRAORDINARY ASSESSMENTS. In the event the Association shall maintain or repair any portion of th e Common Elements resulting from the neglect of an Owner, the Association may make an Extraordinary Assessment against such Owner's Unit, to recover the actual amounts expended by the Association in making, or causing to be made, such repair plus an amount, to be determined by the Board, not to exceed twenty- five (25�) percent of th e total amount thereof to cover overhead and administrative costs of the Association. The Association may also make an Extraordinary Assessment against an Owner and his Unit to recover any amounts paid by the Association for which an Extraordinary Assessment may be levied as provided in this Declaration or in the By-Laws, including but not limited to an Extraordinary Assessment levied pursuant to paragraph (c) of Section 3 of Article VII of this Declaration. Section 7. BASIS FOR ASSESSMENTS. All Annual Assessments shall be allocated to each Condominium Unit according to its respective Assessment Ratio. Section 8. ASSESSMENTS PAYABLE QUARTERLY. The Annual Assessment for each Unit shall be payable in four 4) equal quarterly installments due on the first day of each quarter, commencing on January 1 of each year, unless the Board shall adopt some other payment schedule. Extraordinary Assessments shall be due upon demand by the Association thereof. All installments of Annual Assessments and all Extraordinary Assessments shall be paid without any setoff or diminution of any kind. Section 9. LIEN FOR NONPAYMENT OF ASSESSMENTS. Al1 sums assessed against a Condominium Unit, but unpaid, including interest thereon at eighteen percent (18�) per annum, shall constitute a lien on such Condominium Unit superior to all other liens and encumbrances except: (a) Tax and special assessment liens in favor of any assessing authority; and (b) All sums unpaid on a First Mortgage of record, including all unpaid sums as may be provided for by such encumbrance, and including additional advances made th ereon prior to the arising of such lien. To evidence such lien, the Board of Directors or managing agent may prepare a written notice setting forth th e amount of such unpaid indebtedness, the name of the Owner of the Condominium Unit and a description of the Condominium Unit. Such notice shall be signed by one of the Board of Directors or by the managing agent and shall be recorded in the Office of the Clerk and Recorder of Eagle County, State of Colorado. Such lien shall encumber all rents and profits issuing from the Condominium Unit. In any such foreclosure, the Owner shall be obligated to pay the costs and expenses of such proceedings, th e costs and expenses for filing th e notice or claim of lien and the reasonable attorneys' fees which shall be recoverable out of the foreclosure proceeds. The Owner sh all also be required to pay the Association a reasonable rental for the Condominium Unit during th e period of foreclosure, and th e Association shall be entitled to a receiver to collect the same. The Association shall have the power to bid on the Condominium Unit at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. - 15 - 12194 The amount of the Common Expenses assessed against each Condominium Unit shall also be a debt of the Owner thereof at the time the assessment is made and such debt shall not be affected or discharged in the event of a sale or transfer of such Owner's Condominium Unit pursuant to a foreclosure of a first mortgage encumbering such Unit. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same. Any encumbrancer holding a lien on a Condominium Unit may pay any unpaid Common Expenses payable with respect to such Unit, and upon such payment such encumbrances shall have a lien on such Unit for the amounts paid of the same rank as the lien of his encumbrance. Section 10. INITIAL CAPITAL CONTRIBUTION. The Association shall levy and collect from each Owner at the closing when th e Owner acquires a Condominium Unit, a sum equal to three months' estimated annual Assessment apportioned to the Condominium Unit. Said sum shall be deposited by the Association in the working capital fund for use as working capital, for initial expenses of the Association, for application against a delinquent account of an Owner, or for emergency needs, and shall be refunded to the Owner (except as hereinafter provided) upon the sale or transfer of the Condominium Unit less any amount th en due by said Owner to the Association. Such amount may be transferred to a new Owner of such Condominium UnYt by a settlement sh eet adjustment between seller and purchaser. Any deficiency in an Owner's account shall be restored within fifteen days after receipt of a written request from the Board in order to maintain an amount equal to one hundred percent (100�) of th ree months' assessment for such Condominium Unit. The existence of this reserve shall in no way relieve any Owner from the duty to pay assessments when due. Section 11. LIABILITY FOR COMMON EXPENSES UPON TRANSFER OF CONDOMINIUM UNIT. Notwithstanding the personal obligation of each Owner of a Condominium Unit to pay all assessments th ereon and notwithstanding th e Association's per- petual lien upon a Condominium Unit for such assessments, all successors in interest to the fee simple title of a Condominium Unit who assume the personal liability of a prior Owner or Owners for unpaid assessments and other charges shall be joint7�y and severally liable with the prior Owner or Owners thereof for any and all unpaid assessments, interest, late charges, costs, expenses, and attorneys' fees against such Condominium Unit, without prejudice to any such successor's right to recover from any prior Owner any amounts paid thereon by such successor; provYded, however, that a successor in interest to th e fee simple title of a Condominium Unit shall be entitled to rely upon the existence and status, or absence thereof, of unpaid assessments, interest, late charges, costs, expenses, and attorneys' fees as shown upon any certificate issued by or on behalf of the Association to such named successor in interest as h ereinafter set forth. Upon the written request of any owner or any mortgagee or prospective mortgagee or grantee of a Condominium Unit, and upon the payment of a reasonable fee not to exceed Twenty-Five Dollars ($25.00), the Association, by its managing agent or Board of Directors, sh all issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to th e subject Condominium Unit, the amount of the current monthly assessment and the date such assessment becomes due, and the amount of credit for advanced or for prepaid items which statement shall be conclusive upon the - 16 - 12194 Association in favor of all persons who rely thereupon in good faith. ilnless such request for a statement of indebtedness is complied with within twenty (20) days, all unpaid Common Expenses which became due prior to the date of making such request shall be subordinate to the interest of the person making such request. Mortgagees of Condominium Units which acquire title to a Condominium Unit as a result of obtaining a deed in lieu of foreclosure and purchasers of Condominium Units at foreclosure sale foreclosed pursuant to any first mortage shall not be liable for any such Assessment unless accruing during the period when such mortagee or purchaser is the Owner of said Condominium Unit. ARTICLE IX Insurance Section 1. BLANKET POLICY. The managing agent or Board of Directors shall obtain and maintain at all times fire insurance and extended coverage and vandalism and malicious mischief insurance issued in an amount of th e estimated replace- ment value of the Common Elements, including th e Units and fixtures initially installed th erein by Declarant (but excluding furniture, furnishings and other personal property supplied by an Owner), and including all such oth er risks of a similar or dissimilar nature, as are or shall h ereafter customarily be covered with respect to other apartment or condominium build- ings, fixtures, equipment and personal property similar in construction, design and use, issued by resnonsible insurance companies authorized to do business in the State of Colorado. The insurance shall be carried in blanket policy form naming th e Association as the insured, which policy or policies shall include the standard, non-contributory mortgagee clause, and shall further provide that it cannot be cancelled, materially altered or allowed to lapse except upon ten days' prior written notice to each Owner and First Mortgagee. The managing agent or Board of Directors shall, upon request of any First Mortgagee, furnish a certified copy of such blanket policy and the separate certificate identifying the interest of the mortgagor. A13. policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under th e provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under such policy, as to th e interests of all other insured Owners not guilty of any such act or omis- sion, shall not be invalidated or suspended and shall remain in full force and effect. - 17 - 12194 Section 2. INSURANCE FOR THE ASSOCIATION. The Asso- ciation shall be required and empowered to obtain and maintain the following insurance: (a) Insurance coverages upon the Common Elements and Units, as recited above, and all property owned or leased by the Association; (b) Comprehensive public liability insurance in a minimum amount of $1,000,000.00 per single occurrence and Work- men's Compensation coverage upon employees and other liability insurance insuring the Rssociation, the Board, Managers and agents in connection with th e General Common Elements. (c) If the Property is located within an area h aving special flood hazards and for which flood insurance has been made available under the National Flood Insurance Program, the Association shall obtain and pay the premiums for a master or blanket policy of flood insurance on the Buildings in an amount not less than the lesser of (a) the maximum coverage available under the National Flood Insurance Program for al� Buildings within any portion of the Property located within a designated flood hazard or (b) 100% of the current replacement cost of all such Buildings. (d) Fidelity bonds to protect against dishonest acts on the part of Association officers, directors, trustees and employees and all others wh o handle or are responsible for handling Association funds. Such bonds shall: (i) name th e Association as an obligee; (ii) be written in an amount equal to at least th ree months assessments on all Units plus reserve funds; (iii) contain waivers of any defense based upon th e exclusion of persons serving without compensation from any definition of "employee" or similar expression; and (iv) provide that no modification in any substantial manner or cancellation shall be had with out 30 days prior written notice to the holders of the First Mortgagees on Units. (e) Such other insurance as the Board may deem desirable for the benefit of the Owners. Section 3. INSURANCE PROCEEDS SUBORDINATE TO MORT- GAGE. In the event of substantial damage to, or destruction of, any part of the Common Elements, any distribution of insurance proceeds hereunder shall be made to the Owners and their respective mortgagees, as their interests may appear, and no Owner or other party shall be entitled to priority over the holder of a mortgage on a Condominium Unit with respect to any such distribution; provided, however, that nothing in this Section 3 shall be construed to deny th e Association the right to apply any such proceeds to repair or replace damaged portions of the Common Elements. The Association shall notify the appropriate holders of First Mortgages forthwith whenever damage to the Unit exceeds $1,000 or the damage to the General Common Elements exceeds $10,000. Section 4. ASSOCIATION NOT LIABLE FOR DAMAGE. Not- withstanding the duty of the Association to maintain and repair the Common Elements, the Association shall not be liable for injury or damage, other th an the costs of maintenance and repair, caused by any condition of th e Common Elements or by the conduct of another Owner or persons or by casualties for which insurance pursuant to this Declaration is not required, or for which insurance is not obtained by the Association. � 12194 ARTICLE X Damage and Destruction, Obsolescence, Condemnation Section l. APPOINTMENT OF ATTORNEY-IN-FACT. Each Owner by his acceptance of the deed or other conveyance vesting in him an interest in a Condominium Unit does irrevocably con- stitute and appoint th e Association with full power of substitu- tion as his true and lawful attorney in his name, place and stead: (i) to deal with such interest upon damage to or destruc- tion, obsolescence or condemnation of any real property as hereinafter provided; (ii) to enter into agreements regarding the Common Elements including but not limited to leases, rights of way, agreements and ingress and egress agreements with full power, right and authorization to execute, acknowledge and de- liver any contract, deed, proof of loss, release or other instrument affecting the interest of such Owner; (iii) to amend Section 3 of Article VII of this Declaration to repeal or modify the limitations in such Section; and (iv) to take any other action, which the Association or Declarant may consider neces- sary or advisable, to give effect to the provisions of this Declaration. If requested to do so by the Association or Declarant, each Owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any damage or condemnation claim shall be final and binding on all Owners. No Owner shall have any righ ts against th e Association or any of its officers or directors with respect thereto except in the case of fraud or gross negligence. Section 2. DAMAGE AND DESTRUCTION. Repair and recon- struction of the improvements as used in the succeeding subpara- graphs means restoring th e improvements to substantially the same condition in which they existed prior to the damage with each Unit and the Common Elements having the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for th e purpose of repair and reconstruction or replacement unless under the conditions set forth in subparagraph (b) below, the specified percentage of Owners and First Mortgagees fail to approve re- pair, reconstruction or replacement. (a) Except as provided in subparagraph (b), in the event of damage or destruction due to fire or other disas- ter, such damage or destruction shall be promptly repaired and reconstructed by the Association. If the proceeds of insurance are insufficient to effect such repair and reconstruction the Association shall levy an Extraordinary Assessment against the Owners to pay any deficiency required to effect such repair and reconstruction. The Association shall have the authority to cause th e repair or reconstruction of th e improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay th e assessment. (b) If destruction or damage is sustained to more than seventy-five percent (75�) of th e replacement value of the Condominium Units, and if the Owners representing an aggregate ownership interest of seventy-five percent (75%) or more of the total number of Condominium Units and all of the First Mortgag- ees determine not to rebuild the improvement, the Condominium Units shall be sold by the Association, as attorney-in-fact for the Owners, free and clear of the provisions contained in this Declaration, the Condominium Map, the Articles of Incorporation and the By-Laws. The insurance settlement proceeds shall be - 19 - 12194 divided by the Association according to each Unit Owner's interest (as such interests appear on th e policy or policies), and such divided proceeds shall be paid into a separate account in the name of the Association, and sh all be further identified by the number of the Unit and the name of the Owner. From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of each of such funds without contribution from one account to another, toward the partial or full payment of the lien of any First Mortgagee against the Condominium Unit represented by such separate account. There shall be added to each such account the apportioned amount of the proceeds derived from th e sale of th e entire project. Such apportionment shall be based upon each Owner's Assessment Ratio. The total funds of each account shall be used and disbursed, without contribution from one account to another by the Association, as attorney-in-fact in th e following order: (1) For payment of taxes and special assess- ment liens in favor of any assessing entity; (2) For payment of the balance of the lien of any First Mortgagee; (3) For payment of unpaid Common Expenses; (4) For payment of junior liens and encum- brances in the order of and to the extent of their priority; and ( 5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. Section 3. OBSOLESCENCE. (a) If at any time subsequent to the expiration of twenty-five (25) years from the date of the recording of this Condominium Declaration, Owners representing an aggregate owner- ship of seventy-five percent (75�) or more of the Condominium Units agree that the Condominium Units are obsolete and th at the same should be removed or reconstructed, and adopt a plan for reconstruction, which plan has the unanimous approval of all First Mortgagees, then all of the Owners shall be bound by the terms and provisions of such plan. Any assessments made in connection with such plan shall be a Common Expense of the Owners of Condominium Units and made pro rata according to each Owner's undivided percentage interest in the Common Elements as reconstructed, which percentage interest shall be based upon th e number of square feet of floor area in the reconstructed Unit as a percentage of the total number of square feet of floor area in all of the reconstructed Units. (b) Any time subsequent to the expiration of twenty-five (25) years from the date of the recording of th is Condominium Declaration, Owners representing an aggregate owner- ship interest of of seventy-five percent (75�) or more of the Condominium Units may agree that the Condominium Units are obsolete and that the same should be sold. Such agreement must have the unanimous approval of every First Mortgagee. In such instance, the Association shall forthwith record a notice set- ting forth such fact or facts, and upon the recording of such notice by the Association's President and Secretary, all of th e Condominium Units shall be sold by the Association, as attorney- in-fact for all the Owners, free and clear of the provisions contained in this Declaration, the Condominium Map and the �� 12194 By-Laws. The sales proceeds shall be apportioned between the Owners on the basis of each Owner's Assessment Ratio, and such apportioned proceeds shall be paid into separate accounts representing each Condominium Unit. Each such account sh all be in the name of the Association, and shall be further identified by the number of the Unit and the name of the Owner. From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to another, for the same purposes and in the same order as is provided in subparagraph (b)(1) through (b) (5) of Section 2 of this Article X. (c) The provisions of this Section 3 shall be subject to the provisions of Section 3 of Article XIV of this Declaration. Section 4. CONDEMNATION. If at any time or times during the continuance of the condominium ownership pursuant to this Declaration, all or any part of th e Property shall be taken or condemned by any public authority or sold or otherwise dis- posed of in lieu of or in avoidance thereof, the following provisions shall apply: (a) All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter cal3.ed the "Condemna- tion Award," shall be payable to the Association. (b) In the event that an entire Building is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership thereof shall ter- minate. The Condemnation Award shall be apportioned only among the Owners of the Condominium Units in that Building in propor- tion to their respective undivided percentage interests in the Common Elements. (c) In the event that part but less than an entire Building is taken or condemned, or sold or otherwise dis- posed of in lieu of or in avoidance th ereof, the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: as soon as practicable the Association shall, reasonably and in good faith, allocate th e Condemnation Award between compensation, damages, or other proceeds, and shall apportion the amounts so allocated among the Owners as follows: (a) the total amount allocated to taking of or injury to the Building and rea3. property on which the Building is con- structed shall be apportioned among Owners of Condominium Units in that Building in proportion to th eir respective undivided percentage interest in the Common Elements, (b) the total amount allocated to severance damages shall be apportioned to those Condominium Units which were not taken or condemned, (c) the respective amounts allocated to th e taking of or injury to a particular Unit and/or improvements an Owner has made with in his own Unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances. If an allocation of th e Condemnation Award is already established in negotiation, judicial decree, or otherwise, then in allocat- ing the Condemnation Award the Association shall employ such allocation to the extent it is relevant and applicable. Distri- bution of apportioned proceeds shall be made by checks payable jointly to the respective Owners and their respective Mortga- gees. - 21 - 12194 (d) In the event that the Property is taken or condemned or otherwise disposed of in lieu of or in avoid��ioned thereof in whole or in part, the Condemnation Award, app as provided above, shall be paid into separate accounts representing each Condominium Unit entit3.ed to a portion of the Condemnation Award. From each such account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to another, for the same purposes and in the same order as set forth in subparagraphs (b)(1) thorugh (b)(5) of Section 2 of th is Article X. ARTICLE XI Mortgagee's Rights Section 1. NOTICES. Each First t�iortgagee (and any guarantor or insurer of a First Mortgage) upon written request to the Board, shall receive any of the following: (i) Copies of budgets, notices of assess- ments, insurance certificates, or any other notices or state- ments provided under this Declaration by the Association to th e Owner of the Condominium Unit covered by th e First Mortgagee; (ii) Any audited or unaudited financial statements of the Association within ninety (90) days following the end of any fiscal year, which are prepared for the Associa- tion and distributed to the Owners; (iii) Copies of notices of ineetings of th e Owners and th e righ t to be represented at any such meetings by a designated representative; (iv) Notice of the decision of the Owners or the Association to make any material amendment to this Declara- tion, the By-Laws or the Articles of Incorporation of the Association; (v) Notice of substantial damage to or destruction of th e Unit, or any part of the Common Elements; (vi) Notice of commencement of any condemna- tion or eminent domain proceedings with respect to any part of th e Common Elements; (vii) Notice of any default of th e holder's Owner in the payment of any assessment or charge which is not cured by the Owner within thirty (30) days after the giving of notice by the Association to the Owner of the existence of the default; (viii) The righ t to examine th e books and records of the Association at any reasonable time. (ix) Notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Section 2. MORTGAGEE REQUESTS. The request of a First Mortgagee (or any guarantor or insurer of a First Mort- gage) shall specify which of the above it desires to receive and shall indicate the address to which any notices or documents shall be sent by the Association. Failure of th e Association to - 22 - 12194 provide any of the foregoing to a First Mortgagee (or any guar- antor or insurer of a First Mortgage) who has made a proper request therefor shall not affect the validity of any action which is related to any of the foregoing. The Association need not inquire into the validity of any request made by a First Mortgagee hereunder and in the event of multiple requests from purported First Mortgagees on the same Condominium Unit, the Association shall honor the earliest request received. Section 3. NO IMPAIRMENT OF LIEN. No violation or breach of or failure to comply with any provision of this Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any Mortgagee taken in good faith and for value and perfected by recording in the appropriate office, prior to the time of recording in said office of an instrument describing the Condominium Unit and listing the name or names of the Owner or Owners thereof and _qiving notice of such violation, breach or failure to comply. However, any purchaser on foreclosure or person acceptinq a deed in lieu thereof shall take subject to this Declaration. Section 4. CONSENT OF MORTGAGEES REQUIRED. Unless at least seventy-five percent (75�) of the First Mortgagees (based upon one vote for each first mortgage owned), and the Owners of at least seventy-five percent (75%) of the Condominium Units have given their prior written approval, the Association shall not: (1) change the pro rata interest or obligations of any Condominium Unit for the purpose of: (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each Condominium Unit in the Common Elements; (2) by act or omission, seek to abandon, parti- tion, subdivide, encumber, sell or transfer the Common Elements; provided, however, the granting of easements for public utili- ties or for other public purposes consistent with the intended use of the Common Elements shall not be deemed a transfer within the meaning of this clause; (3) use hazard insurance proceeds for losses to any losses to any Unit, or to the Common Elements for any purpose other than the repair, replacement or reconstruction of the Common Elements except as is otherwise provided herein. ARTICLE XII Revocation or Amendment to Declaration Section l. AMENDDiEDTTS AND REVOCATION. This Declara- tion shall not be revoked nor shall any of the provisions herein be amended without the consent of Owners representing an aggreg- ate ownership interest of seventy-five percent (75s) or more of the Condominium Units, all holders, insurers or guarantors of first mortgages covering or affecting any or all such Condomin- ium Units, and the Town Council of the Town of Vail, to the extent that the approval of the Town Council for the proposed amendment or revocation is required b_y the ordinances of the Town of Vail, as such ordinances may be amended from time to time. - 23 - 12194 Section 2. SPECIAL AMENDMENTS. Declarant hereby reserves and is granted the right and power to record a Special Amendment to this Declaration at any time and from time to time which amends this Declaration (i) to comply with requirements of the Federal National Mortgage Association, th e Government National Mortgage Association, th e Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, or any other governmental agency or any other public, quasi-public or private entity which performs (or may perform in the future) functions similar to those currently performed by such entities and/or (ii) to induce any of such agencies or entities to make, purchase, sell, insure or guarantee deeds of trust covering Condominium Units. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation or other instrument affecting a Condominium Unit and the acceptance th ereof shall be deemed to be a grant and ack- nowledgment of, and a consent to the reservation of, the power to Declarant to make, execute and record Special Amendments. �o Special Amendment made by Declarant shall affect or impair a deed of trust upon a Condominium Unit or any warranties made by an Owner or holder of a deed of trust in order to induce any of the above agencies or entities to make, purchase, insure, or guarantee the deed of trust on such Owner's Condominium Unit. ARTICLE XIII Personal Property for Common Use Prior to th e first conveyance of any Condominium Unit, Declarant shall execute and deliver a bill of sale to the Asso- ciation, transferring all items of personal property located on the Property furnished by the Declarant, which property is intended for the common use and enjoyment of the Condominium Unit Owners and occupants, and shall assign to the Association all of Declarant's right, title and interest in and to th e Colorado non-profit corporation named P-2 Association and that certain agreement dated September 16, 1976, made by and between White Enterprises, Inc., Robert T. Lazier and Diane J. Lazier, A. G. Hill, Vail Trails Chalet Condominium Association and Vail Trails East Condominium Association. The Association shall hold such right, title and interest in and to the P-2 Association on behalf of the Owners who shall be vested with the right to use the parking facilities made available pursuant to the Association's interest in the P-2 Association during the term of such Owner's ownership of his Condominium Unit, subject to the right of th e Association to allocate such parking spaces to specific Units and to adopt reasonable ru�es and regulations governing the use of such parking facilities. Al1 such property shall be substantially completed prior to any conveyance of such property to the Association. No Owner shall have any other interest and right thereto and all such right and interest shall absolutely terminate upon the Owner's termination of possession or ownership of his Condominium Unit. ARTICLE XIV General Section l. NOTICES. All notices or demands intended to be served upon an Owner shall be sent by certified mail, postage prepaid, addressed in the name of such Owner in care of the Unit number and building address of such Owner, or at such - 24 - 12194 other address as an Owner notifies the Association of from time to time. Al1 notices, demands or other notices intended to be served upon the managing agent or the Board of Directors of the Association or the Association shall be sent by certified mail, postage prepaid to Rams-Horn Lodge Condominium Association, 304 Gore Creek Drive, Vail Colorado, or such other address as may be given from time to time. All notices, demands or other notices shall be deemed given upon deposit in the United States mails, as hereinabove specified. Section 2. ARBITRATION REQUIRED FOR ANY CLAIM HEREUNDER. Except as otherwise herein provided, any controversy or claim arising out of or relating to this Declaration, or the breach thereof, shall be settled by arbitration in the State of Colorado in accordance with the Rules of the American Arbitration Association, and judgment upon th e award rendered by the Arbitrator(s) may be entered in any Court having jurisdic- tion hereof; provided, however, that this paragraph shall have no applicability to any remedies available to a mortgagee under Colorado law. Section 3. PERIOD OF CONDOMINIUM OWNERSHIP. The separate condominium estates created by this Declaration, and the map, shall continue until this Declaration is revoked in the manner provided herein, but in no event shall such period of condominium ownership be less than or more than 21 years after the death of the last surviving member of the Town Council of the Town of Vail in office on the date this Declaration is recorded, unless earlier termination is approved by a majority vote of the Town Counci3. of the Town of Vail. Section 4. ACCEPTANCE OF PROVISIONS OF ALL DOCUMENTS. The conveyance or encumbrance of a Condominium Unit sh all be deemed to include the acceptance of all of the provisions of this Condominium Declaration and the By-Laws and Rules and Regulations of the Association, and shall be binding upon each grantee or encumbrancer, its successors, personal representative, heirs and assigns without the necessity of inclusion of such an express provision in the instrument of conveyance or encumbrance. Section 5. RECORDED EASEMENTS AND LICENSES. The recording information for all recorded easements and licenses appurtenant to, or included in, the Property or to which any portion of th e Property is or may be subject as of the date this Declaration is recorded is set forth in Exhibit C, which by this reference is made a part hereof. Further, a portion of the fence around the swimming pool area is located on property owned by the Town of Vail and the Association may be required to move the fence off the property owned by the Town of Vail. Section 6. INTERPRETATION. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or th e application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of th e remainder of this Declaration, and the application of any such provision, paragraph, sentence, clause, ph rase or word in any other circumstances shall not be affected thereby. (b) The provisions of this Declaration sha3.1 be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) That whenever used herein, unless the context shall otherwise provide, the singu3.ar number shall include the - 25 - 12194 plural, the plural the singular, and the use of any gender will include all genders. Section 7. OTHER LIENS. In accordance with the requirements of the Colorado Condominium Ownership Act, as amended, Declarant hereby states that it is possible that liens other than mechanic's liens, assessment liens, or tax liens may be obtained against the Common Elements, including without limitation judgment liens and purchase money mortgage liens. Section 8. MAJOR RECREATIONAL FACILITIES. It is anticipated that no major recreational facilities will be constructed by Declarant on the Common Elements. However, a swimming pool and Jacuzzi are presently is in existence on th e Common Elements. Section 9. SPECIAL RESERVATION FOR DECLARANT. Notwithstanding any provision to the contrary contained herein, Declarant, its assignees, agents, employees and contractors shall be permitted to show to prospective purchasers and tenants and to maintain during the period of any construction or renovation of th e Property and sale of Condominium Units, upon such portion of the Property as Declarant may choose, such facilities as in the sole opinion of th e Declarant may be reasonably required, convenient or incidental to the construction, renovation, sale or rental of Condominium Units, including without limitation, a business office, storage area, construction yards, signs, model condominium units, sales office, construction office, parking areas and lighting and temporary parking facilities for all prospective tenants or purchasers. Any sales office maintained by or on behalf of Declarant on th e Property shall be operated in conformance with th e requirements of the Town of Vail. IN WITNESS WHEREOF, the undersigned, as Declarant, has duly executed this Declaration this fL_ day of , 19�,r RAMSHORN PARTNERSHIP, LTD., a Co3.orado limited partnership By Tim thy . Garton, a general partner \ By , David Garton, Jr., a g eral partner �•L:� 12194 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing was acknowledged before me this � day of L_ , 19�5, by Timothy R. Garton and David Garton, Jr.,� neral partners of Ramshorn Partnership, Ltd., a Colorado limited partnership. Witness my hand and official seal. �.. - My commission expires: �G�,�,:1fX��_� %�� .- -� _�-- ;' "" �r : � � r' r i � �' � ' _ .. �� ,�„� -^: _ �� y . �, `* ��a3 `, - ,.i'°,y d � � r'�.` ' y . ��•.�`..^.'��r�.4. . i.� r �/�,��,i�.� .�r�:� . �� Notary F Address: � '� / � ��.I/ .�J � � s �F EXIIIBIT A TO CONDOMINIL1r1 DGCLAItATION FOP. ItA1�iS-IIORN LODGE CONllOrtIPIIUP2S Lot a, Block 3, and that portion of Tract F-1, Vail Villafie, Fifth Filing, according to the map thereof recorded in the office of tlie La�;l� County, Colorado, Clerk and Recorder, and that portion of vacated IIanson Ranch Rcad right-ot-way according to Ordinance No. 10, Series of 1969, Town of Vail, Eagle County, Colorado, described as a whol� as follows: Beginning at the intersection of the centerline of said vacated llans�n Ranch Road and the easterly riglit-of-way line of Core Creek P.oad; thence the following two courses along said centerline of vacated Hanson Ranch Road: (1) N 81°59'06" E 52.94 feet; (2) 82.25 feet along the arc of a 161.41 foot radius curve to the left, said curve having a central angle of 29°11'45; and a chord that bears N 67°23'14" L 81.36 feet; thence S 37°12'39" E 20.00 feet to the northerly common corner of said Lot a and All Seasons, according to the condominium map thereof recorded in the office of the Eagle County, Colorado, Clerk and Pecord�r; thence S 00°02'00" E 1b0.33 feet, along the common line of said Lot a and said All Seasons, to the northwest corner of said Tract F-1; thetice S 82°37'00" E 87.45 feet, along the common line of said Tract F-1 and said All Seasons; thence, departing said common line, S 00°02'00" L 44.28 feet; thence 33.35 feet along the arc of a 20.00 foot radius curve to the right,having a central angle of 95° 31'S7" and a chord that bears S 47°43`59" W29.62 feet, to the northerly right-of-way line of Gore Creek Road; thence the following three courses along the northerly, northeasterly�and easterly right-of-way of said Gore Creek I:oad: (1) N 84°30'03" W 39.85 feet; (2) 233.61 feet along the arc of a 175.00 foot radius curve to the right,having a central angle of 76°29'09" and a chord that bears N 46°15'28" W 216.65 feet; (3) N 08°00'S4" W 60.00 feet to the point of beginning, containing 29,360 square feet, or 0.67+1 acres, more or less. Suite Number 1 2 �� 4 5 6 7 8 9 10 11 EXHIBIT B TO CONDOMINIUM DECLARATION FOR RAMS-HORN LODGE CONDOMINIUMS Condominium Square Feet Percentage Interest Unit in Unit in Common Elements C-1 ( C-2 � ( C-3 ( C-4 � ( C-5 C-6 C-7 C-8 ( C-9 � (C-10 11 (C-12 (C- (C-13 (C-14 (C- (C-15 (C-16 (C- (C-17 649 447 520 810 879 619 1,987 520 810 879 741 740 847 740 885 7 40 1,085 13,898 4.67� 3.22� 3.74$ 5.83� 6.33� 4.45% 14.30� 3.74� 5.83� 6.32� 5.33� 5.32$ 6.09� 5.32% 6.38$ 5.32� 7.81°s 100.00$ r 4 FXHIBIT "C" Utility easement (5) five feet in width along the north lot linc of. subject property as shown on the recordad plat of Vail Village, Fifth Filing. Utility easement as granted to Public Service Cornpany of Colorado, in instrument recorded January 18, 1985 in Boolc 405 at Page 253. i �