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HomeMy WebLinkAboutWEST DAY SUBDIVISION LOT 3 2 OF 3 LEGAL\N,J\t^c3 ?63 MEMORANDUM TO: Lorelei Donaldson FROM: MaryAnn Best DATE: March24.2005 SUBJECT: Gore Creek Place Documents Enclosed are copies of Gore Creek Place documents for the fire safe. Vail Resorts has the originals. 1. Gore Creek Place Development Agreement 2. Amended Rule & Order - Condemnation of property- Case # 2004CV446 3. Gore Creek Protective Covenants 4. Special Warranty Deed from Vail Reinveslment Authority to the Vail Corp for Gore Creek Property 5. Ordinance No. 32, Series 2004 vacating a portion of Red Sandstone Road right-of-way 6. Quitclaim Deed from Vail Corp. to Town of Vail - Snow Storage area 7. Amendment to right of entry 8. Partial Discharge and Ratification of Gore Creek Place Developmenl Agreement 9. Grant of Easement for bike path behind Gore Creek Place 10. Plat map of West Day Subdivision Attachment xc: Russ Fonest Greg Hall OTA File # 154 F:U\rB€st\ATTORNEY\Memos 2005\Gore Creek Place Docs.doc t\ lnffiililllll[lffiillfiil|illl]$ llil [!l [!l ".*fl l,i,i;h ., o GORE CREEK PLACE DEVELOPMENT AGREEMENT r+f etr THIS GORE CREEK PLAqE DEVEIQPMENT AGREEMENT(Ihi1 "Agreement') is made effpctive as of the 8r day of _-2004,by and between the TOWN OF VAIL, a mrmicipal corporation-aty brganized and existing rmder and uv nitto" of the laws of the state of colorado (the "Towu'), VAIL REn{VESTMENT AUTHoRITY,abodycorporatedulyorgnnizgdaldexistingasan-rrrbanrenewalauthorityunder the laws of the-State of Coio-ao (the *Authority"), and TIIE VAIL COFJORATION, DiBlA VAIL ASSOCIATES,INC., a colorado corporation ('vail Associates"). RECITALS:' A. Vail Associates is the owner of certain real property in the Towrq w.hich is legally described on Exhibit A attached hereto (the "Property').- The Town's Desip^Review Board and oth", To*n@"-hs have approved desip and development plans as set forth or referenced on Exhibit B -affached hereto(the "Gore Creek Design Approvals") for the development oTi trriA-"otia duplex project, consisting of l6residenti{ units, to be located on the Property, and commonly t"f"tt"d to h"."9 * th" "Gore Creek Projecf'. Vai! Associates is presentiy io th" pro""r, of securing from tle Town the rernaining requisite approvals, including U,rlaittg p"t-its, for construction of the Gore Creek Project' C. Pursuant to thP Lionshead Reinvestrnent Agreenen! the Authority has initiated a condemlation action to acquire the Properly for the purpose o-f re-mgvtng the covenants and other restictions on title'that are inconsistent with the Gore Creek Project as pr"p"r;JUi Vail Associates and as approved by the Tqwn in the Gore Creek Design Approvals' 'afti, p*.g*t to the Lionsh,ead Reinvesgrynt Agreemen! completion of the condemnation pro"ig is contingent upon the Town and Vail Associates entering into this Agreement. Initialy capitalized temrJ used but defined herein shall have the meanings ascribed thereto under tle Lionshead Reinvestment Agreemenl NOW, TIIEREFORE, in consideration of ttre above premises and the mutual covenants and agreements set forth herein, the parties agree .ui follows: 1. Requirements of Vail Associates Prior to Closine' " (a) Within seven (7) days of the executio,n of this Agreeme+ V"il Associates will enter ioto t".r"r for 95 units wittrin Timber Ridge for a period of two (2) lell'.. commencing-November l, 2004; ;The lease mte will be $1,075 Tt dt po montlr with^the vail Associates related leases being aliorut"d 165 parking spaces in the aggregate (and 75 ofthese spaces being regarded as "excess" parking that Vail Associates may apply to use fo1 anl. , bLiness prrb"*0. When this leasi relationship is entered into, it will count toward satisfaction of Vail Aisociates' and its affiliates' Lionshead employee housing requirements, as the same J Sinonton E.3lr, MLIRU9599.0 1\485,16 1.3 o may be applicable during the term of the Vail Associates Lease, and Vail Associates' existing lease(s) in Timber Ridge for 52 units will be t€rminated. (b) Vail Associates will apply for and obtain all necessary land use and design approvals from the Town and will obtain all necessary lsilding permits for the constnrction ofthe Gore Creek Project (c) Vail Associates will obtain easement grants and vacations and other grants, approvals-or dispositions from the holders of affected properly interests that are o"""trury for froceeding with the construction ofthe Gore Creek Project. (d) Vail Associates will secure adequate financing, in the sole discretion of Vail Associates, as is necessary for the constuction of the Gore Creek Project. (e) Vail Associates, at its sole and exclusive discretion, may elect to waive any or all of the requirements inthis Section I and proceed with the Closing so long as it satisfies all of the Obligations of Vail Associates at Closing as specified in Section 3 below. 2. The Authoritv's Requirements Prior to,Closine (a) Within fifteen (t j) Lys of the execution of this Agreemen! the Authority, with the sonsent and stipulation of Vail Associates, will aprply for a Rule and Order from thqDishict Court in Civil Action No. 2004CV446 (the "Eminent n_oryin f-rgryding") . . conv€ying unenctrnbered fee title in the Property to the Authority. The Rule and Orderyust be entered priorto Closing. * $ (a) Upon the satisfaction of the requirements in Sections I aud'z above, or the waiver by Vail Associates of any or all of the requirements in Section I above, then the Authority, the Town, and Vail Associates will proceed to conduct a closing (the "Closing") on a mutualiy agreeable date not more than ten (10) days after completioa of the Eminent Domain procssii''g by the Distict Court's enty of the final rule and order therein. The Closing will be conducted through the Title Company, at its Vail, Colorado office. The Title Compaay will fumish all requisite closing and escrow services for the completion of tlre Closing, and all required Closing defiveries witi be made by depositing the same with the Title Company- At Closing, the following will occru, each being a condition precedent to the others and all being consiairea us occurriog simultaneously: (b) Authoriw Oblieations at Closins The A-uthority will duly execute, acknowledge and deliver a special wananty deed (the "Deed") con-veying the applicable Propedy to Vail Associates, subject only to the Remaining Exceptions for the applicable Properfy, real properfy ta:ces and assessments, and new restictive covenants attached. to the Lionshead iteinveiment Agreement as Exhibit D-2 for the Gore Creek ProPerty (collectively the '?ermitted Exceptions' ). o MURU9599.0l\480f61.3 o (c) Town's OblisatioDs at Closing: (l) The Town will vacate or abandon any pre-existingrrtili-ty easements in its favor that have'locations conflicting with the approved development of the Gore Creek Project and the corresponding configurations ofwater, sanitary sewer, stonn drainage and 'dry'utitities. In figtheranci of thJdevelopment of the Gore Creek Project, the Town will gruot" *ross and upon any pertinent easement or property ownership interests held by the Town' and/or accept o"* "orr"rpooding public or quasi-public easements f9r tfre atregted utilities and other servicis as config;ea forihe devetopment of the Gore Creek Project, subject to the Town's approval of those configurations as they may affect Town properly interests' (i1) The Town will also vaiate the existing public right-of-way for Re.d Sandstone Road withinihe "Holy Cross" site ownedby Vail Associates which is ;;Jt "p"J;d as an employee parking area which is legally described in Exhibit C attached Lereto. The vacation wiU b; roU;""t to continuing non-exclusive access rights in favor ofthe- Colorado Department of Transportation ('CDOT') as nece-ssary to furnish CDOT ingress and egress to *d f.om its adjacent property in the I'70 right-of-way ' (d) Vail Associates' Obligations at Closins: ----... - ,-O -=-Eo-r. a-pe-trpd-qfsixry-C60)-d4v-s- dEr &p saki$-of !trs- ag';*i *ath; Ct;ri"g neiiin, the Town and Vail Associates will enter into negotiations to ejabfsh a mutually accep.Lble financial structure involving Vail Associates' participation which will iacilitate tni reaevetopment of the Town's Timber Rifue apartuent project ("Tiq$er, Ndge.) for employee housing, provided that no obligation will arise to undertakeanfr$1h financi;r sructure untess and rmtil the parties mutually agree upon the goveming termtgtn vniting. rl (ii) Vail Associates will quitclaim to the Town any righ! title and interesq if any, il and to thai certain land at ttre Town's public works facility which is currently used as i snow dump and its sunounding perimeter, identified herein in Exhibit D' and to waive any outstanding or disputed zmounts for past rent due on such property. (iii) Vail Associates will execute and {eliver a recordable modification to the Right of Entry, which is part of a deed dated May 15, 1980, and recorded M;y li, t9go, at Boof 302, nagi Ss+. The iecordable modification shall expressly expands the pennitted uses under the night of Efff, tq include a conference center and associated uses' o Occupancv for the Proiect: (a) The Gore Creek Design Approvals, including the conditions of approval constituting apart tnereoq eshblish certain requirements for constmcting and completing a pedesfranpatll lqndscaping, and certain other site improvements within and "o"rtitttio-g part of the dore Creek Project (the "Gore Creek Site Improvements')' Vail Associates-lvill not be entitled to receive from the Town a certificate of occupancy, either temporary or permanen! for any units within the Gore Creek Project until either (i) the Gore Creit Site Lptou"ttt"ott have -been substantially completed to the satisfaction of the Town of .4. MIJR\59599.01\486i15 1.3 o Vail Chief Building official, or (ii) at the discretion of the Town of Vail Chief Building offfrcial applied in accordarice with tie Ttwn's generally prevaihng nrles an^ d practices, Vail Associates has firmished o, our"a io be furnishedlo the Town with sicruity for the remaining uncompleted Gore Creek Site Improvements in the form of a performance and palment bond for the worh or utt"-uti.r"ty in the iorm of a letter of credit" ot oth"t financial medium reasonably acceptable'to the Town, in a dollar.-or-t equal to one hundred twenty-five percent (l-25W of the estimated oot-of-po"t"t, variable constnrction costs for coqnpleting the applicableGore Creek Site Improvements. In the event Vait Associates fails io complete or cause the completion of the Gore Creek Site Lnprovements in a timely manner in accordance with the applicable T"*iq t"q"it..n*t", then the Town at its election may undertake the completion of the remaining Gore Creek Site Improvements, and resort to the security fumished to recover the resulting constuction costs and.*p*t"t incurred by the Town. Any secr:rity previously provided or the remainderthereof 1as appiicaUle) will be returned to Vail Associatcs upon the completion of the oUiigurio* for ne bore^Creek Site Imprgvgments' This Agreement satisfies all requiremeirts under the Town Code of the Town orvat lihe "Town code") for the provision of security or *-"Ut g rf ;Sr"i"ot" *itn ttspect to the Gore Creek Site Improvements' Nonvithstanding any provisions to the contaryEtnl fot* C9{e or other Town rules and regulations, the Gore Creek -sit" t-pro.r"*ents and-tle express provisions of this Agreement constitute the full scope of any -J "ff -prUfir ot oAo inrftou"*"ott, dedications or exactions that may be required of Vail Associates in relation to til" *a."t ting of the Gore Creek Pr.ojecl and no fluther public orother improvements, dedications or exactions or other developmeut conditions may be required of Vail Rs-sociates in connection *itn tnr Gore Creek Project (any requirements under the Town Code or other rules orrygulations to the contrary are hereby waived)' u' O) Vail Associates has submitted to the-Town *9 ft: ToB h3s accepted a traffic stuayio evaluate the project tip-generations produced by the Gore €reek Project. As a condition to the issuancebf -y certificates of occupancy for the Gore Creek project, Vail Associates will be required to pay and/or provide 11-kind considerirtion for a traffic imiact fee to the Town in an u-o,-t equal io $S,OOO multiplied by the n'mber of trip- -. . gen"."tions attributable to the Gore Creek Project drrring the peak hour period, as established by fiie accepted taftic study which fee may be satisfied by paymentl an{or credits in accordanae with the Towri's "utt"oi pt "Anng stan'dalds and policiJs, consistently aPflie4 that-are generally "-ptoyea for developmeo:t projecl in the Towb. Any portion g{9:g.ffi" imFact fee paid in """il *iU be applied 6y tl" it"t", in reasonable consultation with Vail Assocides, to traffc and road system improvements at the intersection of west Forest Road with Frontage Road' or to any other tansportation project that may be approved by vail Associates in writing. 5. Liabiliw of Successors. The provisions hereof touch and concem and run with the ownership "f th" P."p"tty. H"**er, any successor ownel to Vail Associates with respect to any portion of tne nop"tty or Gore Creek Project will not have any personal liability i;;'*y of Vail'Associaies' oUligations hereunder, except to the ext91t such successor succeeds to vail Associates' position as tf,e owner/developer of any residential ynit in the Gore Creek iroject before it is initially completed (as evidenced by the issuance of any iempopry or permanent certificate oio""op*ty ttrergforl.- This Agreementshdl ceas€ to act as any limitation or encumbrance upon -y t.tiatntiut unit within the Gop Creek Project when such rmit has been thus initially completed. The Town agrees to cooperate reasonably and diligently in firmishing recordable releases and terminatioos of thir Agreement, or for discrete portions of the o MrJR\5959.0 l\486t61.3 tt requirements hereunder, as and when the relevant requirements have been satisfied' Subject to theforegoingprovisions,(i)thisAgreementshallue.bindinguponandinruetothebenefitof vail Associates and its successors and assigns, and (ii) references herein to "vail Associates" shallbeconstruedtoincludeitssuccessorsandassignsfromtimetotime. 6.Nofices:BusinessDays.Anynoticeretylrgdorpermittedrrndertheterms of this Agree*"ot ,hu1-b"-*ritiog, -ufr-" giro"o Uf llt p*1i",t hereto or such parties' respective f"ga "ouo""L and shall Ue aeemea iivgl Td le;i","d (i) when hand delivered to the intended recipi""t, by ;nut*"t means; (iitG;" (3) lysine.ss days after the sa'me is deposited in the United States mails, with adequate poiug" pr"puiA a1d ryntby regstged or certified mail, with ret'rn re"6;;;r,"4 (iii) one 0i Urrii""rr au' after.the.same is deposited with an ovemight ""*i"ir.*i"e of nationat orintemational reputationlaving a delivery area encompassing the Jdress of the intended recipient, with g"i"{".w chargrs prepaid; or (iv) when."""in"a ui" i..simile on the intended t""ipi"ttt'9 facsimile facilities accessed by the applicable telephone iumber set forth Ueiow (provided such facsimile delivery and receipt is confirmed on the facsimile facitities of the noiicins parry). Any notice under clause (i)' (ii) or (iii) above shall te delivered or mailed, as the casJmay be, to the appropriate address set forttt below: If to Vail Associates: do Vail Resorts Development Company Post Office Box 959 137 BenchmarkRoad Avon, Colorado 81620 ett"i'ri"ii l*kHurm, Vice President of Desip and Constnrction Fax No.: (970) 845-2555 Phone: (970)845-2359 with a copy to: c/o Vail Resorts Development Company Legal DeParment Post Office Box 959 13? Benchmark Road Avon, Colorado 81620 Attention: Kursten Canadq Esq. Fa:c No.: (97 0) 845-2555 If to Town: Townof Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager FaxNo.: (970)479-2157 : :". ::;-{ n1.: . Mt R\5959.0 1\48645 1.3 with a copY to: Townof Vail 75 S. Frontage Road Vail, Colorado 81657 . Attention: Town AttomeY Fax No.: (970) 4'79-2157 Either parfy may change its addresses and/or fax nr.unbers for notices pursuaot to a written notice which is grven in ur"oid*"" with the terms hertof. As used heretn' the term "business day'' shall mean any day other than a Satuday, a Sunday, or a legal loliday for which u's' mail . ,"*i"" is not provided- Whenever any iate or the'expiration of any Wnod qeci!9d unier this Agreement fals on a day other thana-business day, then such date or period sball be deemed eientled to the next succeeding business day thereafter' 7. Severabilitv. In the event any provision of this Agreement is-held to be illegal, invatid o, *"rrf*""ublt under any present oifuture laws, the legality, validity 9d enforceability of tlle rem"ining provisions in this Agfeement shall not be affected thereby' and in lieu of the affectedprovision 6ir" shall be deerned added to this Agreement a zubstitute provision that is r"g;, "alia and enforceable and that is as simiJar as possible in content to thc 'affected provision."lt-is generally intended by the parties th{ trt Agreement and its separate nrovisions be enforceable to the frillest extent pemitted by law' O g. Exhibits, All Exhibits to this Agreement whrcn are r.erer-elc1.?y Lntr provisions hereof as u"aEo:-ttu,in"d hereto are deemed-incorporated herein by this reference and made apart hereof. i; g. Entire Ageement. This Agreement and the other contracts or agreements specifically referred tr n*"i"."p**"t ttt" entirJagreement between the parties hereto with respect to ihe subject matter h#of, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein' l0.EstoppelCertificate.Atanytimeandfromtimetotime(butuponnotless than ten (10) days' ptioG?G Uy Vuif Atsociates), th9 Toyl shall execute, acknowledge and deliver to Vail Associates and its designees an estoppel certificate in witing certifuing tlat.this Agreement is unmodified and in firll force and effect 1or if there have been modifications' that this Agreement is in full force and effect as so modified, and stating the modifications); that vail Assoclates is not in default of any obligations, conditions or requirements hereunder' except as oth"r*ir. specifiJ io tn ,"tpo*e; ani such other matters and information related to this Agreement * -uy b" r"*ooably requested. Failure of the Town to furnish its response within thl requisite l0dayperiod sUatiUe conclusive upon the Town that the matters requested for dir"lor*, are in the status most favorable to Vail Associates, as determined by Vail Associates' I l. Rules of Constnrction The headings which appear in this AgreemeDJ are Ar ourooses of convenience and referenc" -d u." not in any sense to be construed as modifying Cffi;;;hr i".,^ti.rr tn v appear. Each party heretg ac$owledges that it has had tull.and fair opfrirrnrity to review, maki comment upoo, *i negotiate the temrs and provisions of this MUR\59599.0 1\486461.3 o Agreemen! and if there arise any ambiguities in the provisions hereof or any other circumstances *hi"h o"""5itate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or constmction against the interests of the drafting party. References herein to the singular shall include the plural, and to thp plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles ofthe paragraphs in this Agreement are for convenience ofreference only and are not intended in any way to defile, limit or prescribe the scope or intent of this Agreement. 12. Town Counqil Approval. This Agreement shall notbecome effective until the Town Council's adoption and approval of this Agreement by resolution- As part ofthat resolution, the Toum Council will designate and authorize the Toum Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon whi-ch this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 13. Waivers and Amendments. No provision of this Agreementmay be waived to any extent unless and exc€pt to the extpntthe waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to ttris Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolutiorq as applicable. However, if, on bchalf of the Town, the Town Manageq after consultation with the Director of Community Defrlopment, determines that any proposed nmendment or modification constitutss 4 min31 shangeithcn the Town Managsl shall have the unilateral power and authority to execute aud deliver sirch amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to frrnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other docunents or communications contemplated by the provisions of this Agreement. 14. Govemins Law. This Agreement shall be governed by and construed ia accordance with the laws of the State of Colorado. 15. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreemeut. 16. No Third Parf.v Beneficia{v. Except for the corporate affiliates of Vail Associates, who are expressly intended to be thhd-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third parfy have any rights to enforce this Agreement in any respect. Vail Associates' l'corporate affiliates" will include any entity which by direct or indirect majority ownership interests is contolled by, controls, or is under common control with Vail Associates. Other corporate affliates of Vail Associates may have ownership interests in the Propeny and/or the Core Site, and references herein to "Vail Associates" shall be deemed to include any such corporate affiliate with an ownership interest. MUR\s9599.01\486461.3 . 17. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 18. Recordine. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 19. No Joint Vennre or Partrership. No form ofjoint venture or parttrsrship exists between the Town and Vail Associates, and nothing contained in this Agreement shall be coDstrued as making the Town and Vail Associates joint venturers or parhers. 20. Attgmevs' Fees. In the event any legal proceediag arises out of the subject matter of this Agreement and is prosecuted to fiaal judgmen! the prevailing parry shall be entitled to recover from the other alt ofthe prevailing pa*y's costs and expenses incurred in connection therewith, including reasonable attomeys' fees (and the presiding court will be bound to make this award). [Balance of page intentionally left blank] I MURU9599.0l\486461.3 IN WITNESS WHEREOF, the Toyn and ttre Authority and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month andyear first above written TOWN: TOWN OF VAIL, a municipal corporation duly organiaed and existing by virtue ofthe laws ofthe State of Colorado By: Name: Title: STATE OF COLORADO ,Ei"*n\isru, !ta' Ga*dl TownManager cou^rrY o, @(-1* the State of Colorado. \ The foregoing instrumgnt was ? n bUe4^-lA- . 2oo+'bv Ato,^- . of the Town of Vail" a munlcipal corporation d Witness my hand and offrcial seal. My commission expires: [Signature blocks continue on following pageJ as Town N{anager orgarrized and existing by virtue of the laws of ' d+\ owledged before me thisllldaY of MUR\s9599.0 l\48546 1.3 o VAIL ASSOCIATES: THE VAIL CORPORATION D/B/A VAIL ASSOCIATES, INC., a Colorado corporation By: Name: Title: STATEOECOLORADO ) Colorado corporation. couNrY o, Eaqle l"'J fhe #egoing instnrment was acknowledged before me tnis5fr', day of NovCrnbef .200!Lby hurl*-.txD.Reh,a as ae -tior Vi t e Prt* i lettlrcf The Vail Corporation dlblaYulAssociates, [nc., a Witnesq my hand and official seal. Mycommissionexpires: 4- [ l-O-J [Signature blocks continue on following pagel MUR\59599.0 l\48545 1.3 10 VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO COUNTYOFEAGLE ) ) ss: ) The foregoing iryEtrumentyas ac,knowledged before me tnir 99 a.y.of o 2004,by 5lvili R"i" *t*ent AuthoffiIa bodydrporate duly organized and existing aS an urban renewal authority nnder fhe laws of the State of Colorado. ' Witness my hand and offrcial seal. 4hMy commission expires: llMUR\59599.0 l\486461.3 o D(HIBIT A LEGALDESCRIPTION OF THE PROPERTY A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDTVISION, AS RECORDED ON MAY II, 1977 AT RECEPTION NO. I5I373,AND A PART OF PARCEL 3, LIONSI{EAD PENTI{OUSES AS RECORDED ON JANUARY 2I,2OO3 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COTINTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK I, VAIL/LIONSFIEAD THIRD FILING RECORDEDAT RECEPTION No. 117682 WHENCE.THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF T}IE 6TH PRINCIPAL MERIDIAN, BEARS S 85O48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLA}IE COORDINATES WITH A ROTATION OF +OO'30'19" FROM PLATTED SAID VAIL/LIONS}IEAD THIRD FILING, SAID LINE FORMING TIIE BASIS OF BEARING FOR THIS DESCRIPTION. TI{ENCE S 18"54'12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOLINDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. TTIENCE ALONG THE SOUTI{ BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTI{OUSES THEFOLLOWING (3) TI{REE COURSES: 1) S 83"59'19" W A DISTAIICE OF 30.00 FEET; 2) 576o44't9" WADISTANCE OF 135.64 FEET; 3) S 66'54'19"WADISTANCE OF 72.29FEET TO TIIE SOLI"THWEST CORNEROF SAID PARCEL 3 LIONSHEAD PENITIOUSES, THENCE ALONG TI{E SOUTH BOI.JNDARY OF . SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 TIIE FOLLOWING (3) TTIREE COURSES: 1) S 66'54?19" W A DISTAI*ICE OF 210.00 FEET; 2) S 15"46',41" E A DISTANCE OF 3.15 FEET; 3) S 74"t2'56" 'W A DISTANCE OF 26.69 FEET TO TT{E EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDTVISION, THENCE ALONG TIIE SOUfi{ BOUNEARY OF, SAJD LOT B THE FOLLOWING (3) TTIREE COURSES: 1) S 74o12'56" W A DISTANCE OF 253.31 FEET; 2) 577"29't0"WADISTANCE OF 89.72FEET TO TIIEMOST SOUTHWESTERLY CORNEROF SA]D LOTB; 3) N 3 1"40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT- OF.WAY LINE OF FOREST ROAD; TIIENCE ALONG THE EAST LINE OF SAID RIGHT. OF-WAY N 15"50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74o12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20017'l I'E A DISTANCE OF 8.78 FEET; THENCE N 69042'49'E A DISTANCE OF 253.77 FEET; THENCEN 20"17'11" WADISTANCE OF 4.79 FEET; TIIENCEN 69"42'49E A DISTANCE OF 57.33 FEET; THENCE S 20o17'll" E A DISTANCE OF 4.79 FEET; TFIENCE MUR\59599.01\486461.3 A-l N 69"42'49' E A DISTANCE OF 225.52 FEET; THENCE N 82O49'24- E A DISTANCE OF 59.29 FEET; THENCE N 39o10'12'E A DISTANCE OF 18.52 FEET; THENCEN 02"44'06 w A DISTANCE OF 4.88 FEET; THENCE N 68"30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG TTIE EAST BOLINDARY LINE OF SAID PARCEL 3 LIONSHEAD PENT}IOUSES; T}IENCE ALONG TIIE EASTERLY LINE OF SAID PARCEL 3 LTONSHEAD PENTHOUSES TIm FOLLOWING (2) TWO COURSES: l) S 21'30'33" E A DISTAI'trCE OF 20.54 FEET; 2) TI{ENCE S 02"26' 32- E A DISTANCE OF 130.7 6 FEET TO TI{E TRUE POINT OF BEGINNING. COTINTY OF EAGLE, STATE OF COLORADO TI{IS LEGAI DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS NO. 27598, ON BEHALF OF PEAK LAND SLIRVEYING, INC., 1OOO LIONS RIDGE LOOP, VAIL, CO 8t657. MURU9599.0 l\486,f6 1.3 A-2 O ExHrBrr B OnSfCX npVnr,OpUnf.,n pf,ruVS fOn COnn CnnnX pf,lCn Design development plans for the Gore Creek Project prepared by 4?40 Alchitecture Inc., and approved by the Design Review Board ofthe Town ofVail on July 21, 2004. t MURU9599.0l\4E6461.3 B-l E}C{IBIT C The Holy Cross site is legally described as Tracts A and B, South Frontage Road Subdivision, according to the plat recorded November 6, 2000 , Reception No . 7 4324, County of Eagte, State of Colorado. The portion of Red Sandstone Road (established by instrument recorded at Book l27,Page 565) to be vacated is that which has contiguity with either Tract and which intersects with South Front4ge Road on the south and I-70 rigbt-of-way parcels on the north. o 6t,l9ra.l ICFISII lutol l:14PM ito iil5*+ !$ rit|l[l$ 'ffi HI'IE -.1--rlIYq t I! ! I I I{ n 1 I I tl$t#lr , ,i ffid tu+ftffiffi i d El =q id H* ll*i H$t ii t !! ffi #|ffiffi|fi *R i,E xH Ei sH 8tr Ex ;HE xFE nrl*Ls :E$Et"j I Ie$ |r"EE , 3sl i saE t5ta9Erl :ES EFt F*F*tN "i to cE HEbb g $H ' oo II,II IIIt i fl iln r!!tl .arn rii *ffo* llll 'll lllliit t\* q \ Ir I I t I Ita a t_ I I /f I IIt lrl.T ii iil ti! !l[ !il rfi I ii ifi t# ii[ ffi$ ffii _-- l \ ,+\a:: lii*t iri t -arra-r. r. l|,r.4. -+*€ o ':' trlgTD TEGAI. DESCETPTIOIT THAT 'ART Or ttg Noirn l/2 oF SCnON-SJovNsHIP 5 SOUTII, R'A'l"l-@ 80 wEsI OF THE 6rH pRrNcrpAL wnonii, mcr-e colnrii, col6iloo, LYD{G N'RTH oF Il'{TERftArE HIGlrwAyNo. zo, pssd8D-AsFol.Lows: - --.A d'o.-Fr,.'.,\, q .r'rrc-lqrE sr _BEGINIIINGAT rrn Nonffiif conr-rm. orsero scTION 8, THEI{CE soufH 89 DEC}REES 46 MrNr.rrEs2? seaoNosvd;il;siii-renr el,oNo-nra-NontfuLv LINEoF sAID sEcrIoN 8 To rHB NoRTH vl coruffi 5iliib-srsnox a; rimre sourg 8e DEciREES 16 MINUTES 2? sts@NDs wBsr sos.eo'ii;i ;;NA-nc rygnfirrnrv uNE OF SAID sEcxloN 8 ro rHE NoRTI@LYRlgrror'#ifii..rnciinrrqq$ffi_dwAiNo.70;TIIENCETHEFou,ryiNc ;EilR'GuRsEs erollci,cb NoRTEERLY NGnr oF wAY LINE: 1) SOUTH ?3 DEGREES 46 MINUTES T5 SECONDS EAST 789'30 FEBT 2) SOim{ ?8 DEGREES 49 MINtI'rEs 16 SE@NDS EASI Sez'so FEEf 3) SOUTH ?5 DBGREES 28 MINmEs 18 SE@NDS BA$r 942'40 Wt 4\ l3n.goEBT AI.oNC.THE ARC OF A C{JRVB lo TIIE LEFT', HAVINCA RADIUS OF 5580'OO FEBT, A CEI{TRA! ruiar.il-oi, rl-uncngs te r"mqurrs o+ dcoxos, AND A qIoRD WHICH BEAR. No*rrr es DEcR#s?'*dNtnBF 34 ryqgNDtEAs't 1324 tto FF'T, to TrrE EASTERLY uNB oF sAID scrlcN ffi li'lii G-*sE oo eqglEs za r',a$RrTEs oa sEco$IDs EAsr s?2' 10 ;ffi, eroNcsAn E{srmtTrl'm, to rtiEPoINT oF lrffififl$No: illl(..-J S iDonton ITIIS MAffER came on regularly upon the Consent to Entry of Rule and Order of the Bartiese and it appearing to the Court. f4om t-he records and filee herein thab alJ. persons interested as owaers or ouhetflise, aE appearing of record, have been joined aeparEies respondenE, THE COT'RT NOW FTNDS: 1. That Pet,iEioner and R.espondents The Vail Corporation and VAllHC, fnc. {hereinafEer together oVail Aesociates,) were unable Eo reach an agreement upon the terms of tsbe sale of the Property wb.lch is the subjecE of thie action and FetiEioner has. eLected to acquire the subject property through condemnaEion. 2. That the Court has fuII and compLete jurisdict,ion ofthe subject matter of thls actLon.and. E,he parties thereto; andthat senrice has been made upon all parties ae required by law,or t.hat the same have su,bjected themselves to Ehe jurisdicE.ion of this Court 3. That the accuraE,e lega1 description ,of the property being acquired by Petitioner herein is set forth in Exhibit. A atlached hereto and incorporated herein by this reference. <f >u' o DISTRICT COT'RT, EAGLE COUMTY, COI,ORADO 885 Chambers Avenue, p.O. Box 59?Eagle, Colorado 91531 COURT USE ONLY Case Nunber ' too+g'teee Divi.sion: H Petitioaer: VAIL REINVESTI'{ENT AtIfHORIfy, a body coryorat,e and politic of the SEate of Colorado, Reapoadente: THE VAIL CORPORATION, a Colorado corporat,ion, Vel4HC, INC., a Colorado coqporaEion, I(AREN SHEAFFER, as Treasurer of Eagle County. .AUEDED RI'LE ATD ORDER 4. Ttrat the vaLue of -Ehe property actually t.akenPeE.itioner ie g30,SOO, OOO. OO. 5. ThaE, the Treaaurer of Eagle County, Karen Sheaffer,discLaims any interest in the just compensalion in reliance.ofthe promise of Respondents Vail AsEociates to pay the real Property taxes when tbe 2004 t,axes are due and owing. 6. That RespondertE Vail Aseociates have waived thedeposit of the just compeneation intso the Registry of this Court IT IS ITTEREFORE ORDERED, ADTIJDGED AIID DEcREm IhaT The ProperEy described in ExhibiE A has been duly and lawfully takenand coademired, subjecE to ttre righte and lnEereeEs specified inExhibiE A, by pet,it,ioner pursuani to the. statutes and theCongtiEution of the State of Colorado; aDd Ehat the interesEs ofall Respoodente 1n said real property have been acquired byPetitioder and said real propertsy is hereby conveyed in feesirqrle, eubject to the.rightg and intereeEs epecified in Erchibit by :o IT TS ST'RTHER OR.DERED, ADJI'DGED AIiID DECREED that A:,cerEified copy of this Rule and Order be recorded and indexed inthe office of ,the Clerk.,andl Reeorder of Eagle County, Colorado,',in lLke lanner and in li.ke effecE as Lf it were a deed of .' conveyaEce from'tbe ownere and parties i_nEereEted to petitioner .herein and that the lis pendens recorded at Rec. No. 888533 in.the records of the Clerk and Recorder of Eagle County is herebyreleased. A, to Petitioner. DONE this ?r day of €aO, , 2oos. Date By ry'$Ui(ffi , o o -&<hlbtc r Legal Deacriptioa (Gore Creek Property) PARGL 1 A PARCEL OP I.A}ID BEING A PART OP IloTS B A}ID D UORCI'S SI'BDTVISION, AS RECORDED Ol| lAY 11, 19?7 AT RBCE!|I.ION NO. 1513?3, Al{D A PART OP PARCEL, 3, LIONSEEAD PEMII{OUSES AS RECORDD ON iTN{UARY 27, 2OO3 AT RBCEPTION NO. 821386, A}ID A PART OF A PARCEL DESCRIBED IIT TNSTRUUEIIT RECORDED ON DECEMBER 18, 2OO1 AT RECEPTION !rO. ?80248 , EACILE COI'NTT; GCIORADO, rircRE PARTICT LARLY DESCRIBED eS .FOI.IIOWS : tsBGINNINE AT A FOI,ITD No. 5 REBAR IIITIT A.ET,MINIJII{ CTP, L.S. No. 2183 ON :PITE EASTERLY BOP!{DARY OF ICT 8, BI.,OCK 1. \IAIIJITJIONSSEAD THIRD FII'ING RECORDED ,AT RECEPTION No. 117682 THENCts IIIE NoRTHIfEST C1oRNER OF SBqIION ?, TO9fNSHIP 5soIItH, RING'E 80 rfEST Op TrrB 5TH pRIlrCIpAIr MERIDTTI BEARS S 85048'35' lf A DISTATICE OF 1358.58 FEE:P BASED I'PON STATE PLANE CPORDIIIATBS WITII A RCTTATION OF +00030,19. SROM PLATIED S}TD VAIL/IJIONSHEAD TSIRD FILING, SAID I.INE FORI4ING THE EASIS OF BEARINGI FOR Tllls DESCRIETION; flIENCE S 18o54,L2. W A, DTSTANCE OF 541.47 EEET TO TTIE SOITTITE;AST C1CRNER OF SAID PERCEIJ 3 IJIONS}IEAD ?BNTHOT'SES, SAID POIIIT BBING TIB TRIIE POItfT OR BEGITU{INE. .THENCA AI,oNG TITE SOU.III BONSDERY OF SAID PAREF.T, 3 I,IONSIIE,AD PENTI{OUSES THB FOLIPI{ING (3) TREE COTIRTIES: 1) . S 83059.'19. I{ A DTST3,IICE OF 30.O0 EEBI; .2) $ 75,o44t 19' I{ A DTSTAI{CE OP 135.6.1 FBET t3) S 66054, 19' lf A DTSTNiICE O? 72.29 FBET TO THE SOIIIHT|EST CORNER OF SAID PT.RCEL 3 LTONSIIEAD PENTHOIJSES; TTTENCB AI€ITG TIIE SOIInI AOI'NDNRY OF SAID PARCETJ DESCRIBED AT RECEHTION I'IO. 780248 TBB FOIJOrII{E (3) TBEB CETIR.SES: 1) $ 55c54r19' W A DTSTAIITCB OF 210.00 FEET;2) S 15045'41' E A DrSTAICE Op 3.15 EEET;3) S 74012'56' Tf A DISTEICE OF 26.69 FEET TO TEE EAIiT BOI]I{IDARY IJTNE OF SAID . I,OT B, I,IORCI'S SIJBDIVISION; SIBNCE AIONG lEE SoIIig BOUTDARY OP SAID '3T A THE FOI&OIf,ING (g} rINEE .6OUnSESs 1l S 7{012'55' l{ A DISTAI{CE OF 253,31 FERI;2l $ 77o29t10' w A DIS?AI{CE OE 89.?2 EEET TO THB,I.{oST.SOIIIHI|ESTERLY CORNER OF SATD IOT B 3} IiI 31040'14' W A DISTA}ICB OP 1.44 EEET TO A POII{T ALONG ITIE EAST RTGIIT.OF- I{AY LINE OP FOREST ROAD; THEDTCE AIOllG lgB E,AST IJIIIB OF SAID RICI}1?-OP-!{AY 15050'2?' If A DTSTINCE OP I22.AO EEET; , THENCE DEPARTTNG SEID RIGH?-OF-WAY II 74OJ,2' 36] E A DISTTIiICE OF 198.55 EEBT 'TIIENCE S ZOCLT' 11' B A DISTA}ICB OF 6.35.EEET; THANCE N 59042'49'.3 A DISTANCE OF 258.93 FEET; aEENCE N 20017'11' tf A DISTAIIICB OF 4 ,79 FEF P, A-1 o THEITCE N 69042'49' E A DISTAIICE OF 59.18 EEBT; TE TCE S 2OO1?'11' E A DISTAI{CE OF 4.19 YEET; T!{ESICE N 69O42' 49' E A DISTA}TCE OF 18?.65 PEET; TI{ENCE N 82C49'24' E A DISTAITCE OF 59.29 FEET; TIIEI{CE N 39O10'X2' E A DISTAIICE OF 18.52 FEET; !IIE}iICE N O2O44'O5' W A DISTAIiICE OF 4.88 EBET; TITSNC8 N 68030'09' B A DISTANCA OF'65.38 FE T TO A POITT AIONG TI{B EASb BOi]IIDARY LINE OF SAID PARCEL 3 IJIONSHEJAD PEMIHOUSES; TSEI\ICE AI,O}IE, TIIE EASTERI,Y I.IN8 OF SAID PARCEIJ 3 LIONSEEAD PENITIOUSES TEE FOTJITOWING (2) TI{O COURSES: 1) S 21030'33' E A DIS?ANCE OF 20.54 EEET; 2) flTBTCE S 02O26'32' E A DISTA}ICE OP 130.?6 EEET TO THE TRI'E POINT OF BEGINNI}iIG, COI'NTY OF EJAI}IJE, STATE OF COI.,ORADO. llIIS LEGAL DESG.IEIION IIAS BEEN CREIrED BY BREIIT BI@S, PLS No. 27599, ON AEEAI,F OP PELK I,ATiID SI]RVEYING, INC. , 1OOO &IONS RIDGE ISP, . VAII,, CO 81657. PARqETJ 2 A PARCEL. OF IIAIID PRSIIOUSLY IOCATED NITIIA VAIL VIIJ'ACE SECOND FTLIFG, ACCORDIIIG TO 1TIE PIAT 1SERSOP RECPRDE) OIiI 'IHiITI]IRY g, L963, AT RECE TION NO. .96928, :AS,RB:RBCORDEDiIID/OR AMEIIDED By PLAT RB@RDED I{IRCE 25, 1953, tT RECBPTION NO. 9?199, NOI{ BEIIIG IPCATSD WITtsIN IdfS B AIi'D D, MORCUS SI'BDMSION, AS RBCTCRDED ON UAY 77, L977 AT RECEPTION No. 1513?3, AIitD A PART . OF A PaRCEIJ DBSCRIBED IN II.ISTRIJMENI RECORDBL ON DECET.IBER 18, 2001, .trT ,RBqEPTION TiIO. 7AO248, EEGLA COI'!TI':T, COISREDO, IIICRE PAATICI'IARLY DESCRTBSD A,S EOI,IIOWS : BEGII{NING I? A FOI'ND NO. 5 REB}i WIIII }IWINI'IiI CIP, L.g. NO.,2183 ON ElE EASTERIJY BOT'IIDARY OF IPT € , BIJOCK 1, \'AII'IEIONSEEAD ?EIRD PIIjINE NEC19RD@ AT. . RECEPTION NO. 11?682 T|HENCE TIIE NORTIII9EST .c13hNEN, OP SECTION ? TO}WSHIP 5 SOIIIrI, RENE 80 I{EST OF THE 611I PRINCIPAIJ MERIDIAN BE.JIRS S €5'48135' !f, A DISTANCE OF 135€.58 FEBT BASED T'PON STATE PIANE CISORDINASES WITH A ROTATION OP +OOO3O'19' FROM PI,ATTED SAID VATLILIONSIIEAD ISIRD FILING, SAID I,INE . FORS{rNG TIIE aASIS OF AEARING FOR lgIS DESCRIPIION; THBNCB S 51035'00' tf A DTSTAI{CE O9 7216.47 EEET TC! TIIE IIOST ,SOUITII.TBSTERLY CORNER OP SAfD I,oT S . IPRC{IS SITBDTWSIOJiT, SAID POINT BEINC AEE BOrIW OF BEGTNNIIiIG; TIBNCE N 31040'14' WA DISTAIiICE OF 1.44 EBBT !o A POIIIT.AIPNG 1TB EA T RIGIXT.OF-WAY LINB oF FOREST ROAD; TIIENCE lr,Orc rne EIAST LrNE OF SAIU RIsil-OF'.t{AY r +T T DTSTANCE OS 122.80 EEET TO THE TRUE 'POINi OT BEGIIU'IING. THENCts AIONG THB EAST I,INE oF SAID RIGIHT-oF-WAY N 15050'27,'Tt I DISTIIICE OF 10-66 EEBT; ?IIENCB DEPARTING SAID RI6IHI-OF-WAY AlilD AIloNG TI{E NORTEERLY LINE OF SAID \TAII., VIIiIACIE SECOIID FILIIIG N 74CT4'26' E ADISTANCE OE 4!2..70 FEETi .T}TEI\TC3 5,9Oi2I 491 9I A DISTANCE OF 258.93 EEET; TIIEIIG N 2OC1?'11' T{ A DISTAIrCE OF 6.35 EEET; THENCE. S 69o42'49' W A DISTIIICE OF 198.55 FEET TO THB TRUB POII{T OF BBGINNING, COUNII OF E,trgI,E, STETE QF COI€R.qDO. TIIIS LEGAL DBSCRIPTION IrAIi BEEII CREtrTED BY BRENT Bfe'CtS, PLS tilo. 27598, Ol{ tsEI{AIJF OF PEAK I.'A!ID SI'RI/EYING, INC. , 1OOO LIONS RIDGE IOOP, \TATL, CO 8L657.o A-2 o TIIB FORE@ING PERCEI,,S 1 AI{D 2 AR8 CONVSYED SSE]BCT TO ITIE FOLI'IIING IIiIIIERESTS: 1. R,IGHI OP, PROM,IETOR OF A VEII{ OR IODE TO TKI?ACT A}TD REI'OVE SIS ORB TITEREFROM SAOI'LD THE SAMB BE FOI]ND TO PENETR.trTE OR INTERSEC! TEB PRSI,IISES AS RBSERVED II{ I]NITED STATES PATEFT RSCORDED VIAY 24, 1904, IrT BooK 48 AT PACB 503, AND IN INITED STATtsS PATEIiTA RECORDBD SEETEUBER 4, L923, IlT BOOK.93. AT PAGB 98. 2. RIGIIT OF TIAY FOR DIIC]TES OR CANALS CI)NSTRUEXED BY TEB AIIIIIORITY, OF TEB I'IIITED SELTES AS RESBR1TED IN I'NITED STATES PATENTS RECI)RDED UAy 24, 1904, IrrI BOOK /tB AT PAGE 503, SEX{rEl/tBsR 4, !923. , I}I BOOK 93 AT PAGE 98, AI{D {II'LY 13,. 1939, IN BOOK 123 AT PAGE 617 . 3. EiAgEMEltr AGREET'{ENT rADE BY IIAI{HC, rNC., I COr€&ADO CORPORATTON, AlrD VATL ASSOCAATBS, INC. , I COTJORjADO CORPORATION {A Drlr,Y REGISTERED 1RADE I{AI.{E OF IIIE 1TAIL CORPONATION) , RECORDBD AUG{'ST S' 2004' A? RECEPTIOII NO. 8867211- 4. TERM!i, CbNDITIONS A}iID PROVISIONS OF TRENCE, CONDUIT A}ID \TAI'LT IGREEMNTT RECORDSD O TOBER L,. 2OO4 AT RACBPTION NO. 893080. 5. TERMS, COI{DTTIOtrS ArsD PROVTSIO{S OF IRENCII, CONDITIT At{D \rAIrr,T. AREEMSIiM -R:ECORDED NO\IEMBER 4, 2OO4 AT RECEPTION $O. 896693 6. TERUS, COITDITIONS AI{D PROI,IISIONS OP NAST DAY SI'BDTVISION,.ACCORDING TO IIIE PIJAT TEEREOF I'IHSnIER EERSrcFORE OR TERENFTER' ' RB@RDED,. INSLITDING EjASEMEIITS CREATED AY OR'gHOtfN Ott gtcs PLAT " rrg'xre3 A-3 lllllilllillllllilllllllillilllllllllillilllillll f,ffiIi,',,,,.; c T..k J Sl,nonton Ergl., C0 314 R 41 .OO O O.OO i o GORE CREEK PROTECTIVE COVENANTS TIIESE GORE CREEK PROTECTIVE COVENAI.ITS (these "Covenanls') are made as of the 4ts-?ts- aay o6 lJ.a;YAA 2005, by VAIL REII.IVESTMENT AUTHORITY, a body corporate duly organized and existing as an urtan renewal autbority under the laws of the State of Colorado (the "Authoritt'). BECITAL$: A. By an exercise of its conde,mnatiou powerc in Case No.2004CV446 before the Dishict Court in Eagle County, Colorado, the Authority has acquird fee title to cqtain real proferry constituting part of the area in the Town of Vail, County of Eagle, State of Colorado, commonly known as Lionshea4 which real prop€rty is legally described on Exhibit A attached hereto and incorporated herein by this reference and is physically proximate to Gore Creek (such acquired real property being sometimes referred to herehafter collectively as the f 'Gore Creek Property'). B. Pursuant to such conde,mnatioq the Authority has acquired the Gore Creek Property free and clea of c€rtain covenants that prwiously enctrmbened the Gore Creek Property, or portions thereof, nanely (i) the Protective Covenants for Vail Village, Sec,ond Filing as originally recorded in the real prop€rty records for Eagle County, Colorado (the 'T.ecords') on January 9, 1963, at Book 174, Page 431, and as amended by instument recorded in the Records on August 27,1964, at Book l83,Page239; and (ii) the Frotective Cove'lrants for VaiVLionsAea4 ftfud filing, as orisinally recorded in the Records on Ocfober 15,'197I'. at. Book22l; Page 991, and as amended by instument recorded in the Recorils on August 12,1977, at Book 258, Page453 (collectively the *Original Covenants'). The Original Covenants established c€rtain restictions regulating the use ofthe Gore Creek Property, or portioos thereof, C. The Authority has determined to make and record these Covenants in order to establish appropriate limiftfieas regulating the use of tlie Gore Creek Property in place of the extingqished provisions of the Original Covenants, with these Covenants to be for the benefit of owneis within Vail V-illage, Second Filin& 6d Vail/Lionshpad, Third Filing (as hereinaft€r defined for purposes of these Covenants), and their. respective grantees, successont and assigns (zuch owners being hereinafter referred to in the singular and collectively as the "Benefitted Own€r(s)," and their respective properti€s which give them the status of Benefitted Orner-s being sometimes referred to hereinafter in the singular or collectively as the "Be,nefitted Properr5(ies)'). These Covenants are made in furtherance of establishing and maintaining the character and value ofreal estate in the Lionshead area- NOW, THEREFORE, in consideration of the premises, the Authority, for itself and its grantees, succ€ssors and assigns in and to the Gore Creek Property, does hereby impose, establis\ prrblisb" acknowledge, declare and agree with, to and for the benefit of the Benefitted Qwners, that the Authority owns and holds the Gore Creek Property zubject to the following restrictions, cove,nants and conditions, all of which shall be deemed to run with the land and to inure to the benefit of the Benefitted Ovmers and be binding upon the Authority as the owner of the Gore Creek Propedy, and its grantees, successors and assigns. y )"\L- o o . 62rZr2J RCF:69 o l. I-AND USE. The Gore Creek Property shall be used and enjoyed only for resideirtial dwelling stnrctr.res and uses, wheth€r single-family, multi-fmily, or duplex or other form of two-fmily, and other uses, functions, improverrents and facilities ancillary, incidental or related zuch residential stnrctrues and uses, including without limitation, vehicular paxking areas and uses, pedestrian access hails, ways and uses, recreational uses, facilities and arnenities, and loading/delivery areas and uses. 2. SIGNS. No signs, billboards, poster boards or advertising strrrcture of any kind shall be sected or maintained on any portion of the Gore Creek Propefy for any purpose whatsoever, except in accordance with the prevailing laws, nrles and regulations from time to time of the Town of Vail (the "Town'). 3. WATER AND SEWAGE. Ea.h stnrcturc desiped for occupancy or rllle by human beings shall connect with the water and sewenrge facililies of the Vail Water and Sanitation Distict No private well shall be used as a source of water for human consumption or irrigation in the Gore Creek Property, nor shall any facility other than those provided by. the Town or any applicable special distict or other gove,mnental authority be used for the disposal of sewage (the foregoing being subject, however, to any contrary laws, nrles or regulations of the Town prevailing from time to time). Mechanical garbage disposal facilities shall be provided in each kitchen or food preparing area 4. TRASH AI.ID GARBAGE. No hasb, ashes or other refirse may be tlrown or dunped on any land within the Gore Creek Property. The br:rning of refuse out of doors shall not be permitted in the Gore Creek Property. No incinerator or other device for the buming of refirse indoors shall be constructed, iDstalled or used by any person. Each property owner vrithin the Gore Creek Property shall provide suitable receptacles for the collection of refirse. Such r€c€,ptacles shall be screeired from public view and protected from disfir6ance. 5. LMSTOCIL No animals, livestock, horses, or poultry of any kipd exc€,pt dogs, cats and other household pets shall be kepl raised or bred iJl the Gore Creek Property. 6. TREES. No bees shall be cu! tinmed or removed in the Gore Creek Property, except as permitted rmder the laws, rules and regulations of the Town prevailing from time to fime. 7. LANDSCAPING AND GARDENING. AI surface areas disturted by constnrction sball be retumed promptly to their natural condition and replanted in native grasses' except where such areasi are covered by the zubject improve,nents being constucted or are to be by the constnrction or installation of garde,ns, lawns, exterior living areas or other landscaping or improvements undertaken in accordance with the laws, nrles and regulations of the Town prevailing from rime to time. 8. AREA REQIIREMENTS. No enclosed building stuchle desiped for hr:man use or habitation shall be constnrct€d unless the aggreglta floor aeq exclusive of open porches, basements, carports and garages, shall be in excess of900 square feet. o 5il,a7223 RCllliE o 9. TRADE NAIVIES. No worrd, namq sSmbol, or combination thereof shall be used to identiff for commercial puposes a house, stnrctrre, business or serrrice in the Gore Creek Property except in accordance with the laws, nrles and regulations of the Town prevailing from time to time. 10. TEMPORARY STRUCTLRES. No temporary stucturg excavationo basemen! trailer or tent shall be perrritted in the Cr,ore Creek Pmperty, exc€,pt as may be noc€ssary during consfiuction, or as may be pamitted under the laws, rules and regulations of the Town as prevailing from time to time for outdoor entertairme.nt or otber functions or ev€ots. ' ll. CONTINUITYOFCONSTRUCTION. Allstnrctuescommencedinthe Gore Creek Property shall be prosecuted diligeirtly to completion 12. NUISAI.IiE. No noxious or offensive activity slall be caried on nor shaU anything be done or permitted which shall constitute a public nuisance in the Gore Creek Property. 13. EFFECT AIID DIJRATION OF COVENAI\ITS. The conditions, retrictions, stipulations, agreerneirts and coveirants oontained herein shall be for the beirefit of each Benefitted Property, and its Benefitted Owner, and shall be binding upon the Gore Creck Prop€rty, and its ownenl and successors in interest, and shall continue in full force and effect untilJanuary 1,2M9. 14. AI,IEIIIDMENT. (a) The conditions, reshictions, stipulations, agreem.e,nts md cov€nants contained herEin (collectively'Covenant Provisions'), as the saoe inure to the Benefitted Owners yithin Vail Village, Second Filin& may be waivd abandoned, terminate{ amended or supplementd in whole or in part (and whether addressing new or pre-existing subject matter), upon and only upon securing the written conse,nt of the owners of 75% of the privately owned surface land area included within the boundcies of Vail Village, Second Filing as the same may the,o be shown by the plat on file in the Records. Each Beoefitted Oqmer within Vail Village, $scosd F'iling will be bound by any waiver, abandonmen! terrrination, mendment or guppleme,nt of the Covenant Provisions instituted iD accordance with the foregoing conseirt requiremeots. (b) The Cove,nant Provisions, as the seme inure to the beirefit of the Benefitted Owneis within Vail/Lionshea{ lfifud piling, may be waivd abandoned, terninate4 amended or supplem€,ntd in whole or in part (and whether addressing new or pre-existing zubject matter), upon and only upon securing the written conse,nt of the owners of 66213% of the surfac€ land area (whethopubliclyorprivatelyonmed) within the boundaries of Vail/Lionshead Third Filing as the same may be the,n shown by the plat oo file in the Records. Each Benefitted Owner within Vail/Lionshea4 Third Filing; will be bound by any waiver, abandorrmen! termination, amendme,nt or supple,ment of the Covenant Provisions iDstitutd in amordance with the foregoing coffrc,nt requirements. 52aZJ RrCfEg 15.ENFORCEMENT. (a) If any penion shell yislats or tbreateir to violaG any of the Covelant Provisions, The Vail Corporation, dlbtaYul Associates, Inc. or its successors or assigns ('l/ail Associateq Inc.'), the Town, or any of the applicable Be,nefitted Owners may, but without obligation to do so, enforce the provisions of this instn:ment by instituting zuch proceedings at law or in equity as may be appropriate to enforce the applicable Cove,nant Provisions, including a de,mand for injrmctive relief to prev€nt or remedy the tbreate,ned or exisring violation of the applicable Coveraat Provisions, and for damages. (b) Each owner within the Gore Creek Property hereby appoints the Town Clerk of the Town as its age,nt to receive any notice provided for herein and to accept servige of process in any court proceeding brought to enforce the applicable Covenant Provisions. Any notice required unde,r this paragraph 15 shall be vritten and shall speciff the violation or threatened violation objected to, the property zubject to the violation and'chall demaad compliance with the applicable Cove,nant Provisions within fifteeo (15) days after the giving of such notice. If after reasonable efforts the person gving the notice shall be unable to deliver the same personally to the person to whom it is directed and shall be "nable to obtain a retum receipt showing delivery ofnotice to the person to whom it is directed" then the required notice shall be deemed zufficie,ntly given if posted qron the property described in the notice and mailed to the last knoqn address of the person to whom the notice is directed and if also mailed or delivered to the Town Clerk of the Town as ageirt of the prop€rty owner. Personal service of process may be obtained" but only for the enforcement of the applicable Cove,nant Provisions, by service of process upon the Town Clerk of the Town as agent for the owner to be se,lvd as defendant, ifafter reasonable diligence such defendant oannot be found within the State of Colorado end personal senrice cannot be otherwise obtained under the Colorado Rules ofCivil Procedure. (c) Vail Associates, Inc., the Town, or any Benefitted Owner bringng a proceeding under paragraph 15(a) to enforce any ofthe applicable Covenant Provisions shall bd entitled to judgme,nt for the actnal costs and acpe,nses, including reasonable attomeys' fees, incurred by zuch person in the prosecutioa of zuch proceeding in addition to any other reliefgranted by the court. (d) No assent or acquiesceirce, expressed or implid to any violation or threatened violation of any of the provisions of this instnrment shall be deemed or taken to be a waiver of any zucceeding or other violation or threateired violation of the applicable Covenant Provisions. 16:. SEVERABILITY. Invalitlation of any one of tne provisions of this instrumelrt by judgme,nt or court order or decree shall in no way affect any of the other provisions, which shall remain in full force and effecl 17. SCOPE OF BENEFITTED PROPERTIES. For purposes of these Cove,nants, (i) Vail Vilage, Second Filing shall mean and enoompass atl the properties included 624722J XCnSE o within the plat of Vail Village, Second Filing'recorded in the Records on January 9, 1963, at Reception No.96928, as re-recorded md/or amended by plat recorded in the Records on March 25, 1963, at Reception No. 97199; and (ii) VaiVlionshea4 Third Filing shall meau and encompass all the properties included within the plat of Vail/Lionshea4 Third Filing recorded in the Records on October 75, !971, atBook22l,Page992. All refere,nces in these Covenants to the plats of those properties shall mean the applicable plat refere,nced in this paragraph 17. ' 18. DEFINnONOFOWNER Asusedinthisinstsume,otthephrases'teal property own€d' or "ownetr of real property'' s3 similar lsferences shall mean any natr:ral perso4 partnership, corporation, association or other entity or relationship, including any goven:gental entity, which shall own an estate in its own riglt or as a c$.teoant or otherwise in fee simple, or a leasehold interest or estate for years for a te,m of not less rhtn forty-nine (a9) years in aoy portion of the lands included within any Benefitted Properties. Such pbrases shall not include within their meaning the holder or owner . of any lien or security interest in lands or improveme,lrts thereon within the zubject Benefitted Properties, nor any person staiming an easement or right-of-way for utility, Eansportation or other pufpose tbrougb' over or across any zuch lands. However, in the case of any land or prop€rty incorpora.ted into a condominium comrnmity, the "owrl€d' thereof shall meaq for purposes of paragmph 14 above, the board of directors (however deirsrrrinalef,) of the goveming condominium associationo acting in . acoordance with the board's geirerally prevailing rules and p'rocedures for taking such actio! 19. APPLICATION OF IAWS. All refere,nces in these Cove,nants to laws, n:les and regulations of the Town prwailing from t'me to time, or similar references, shall meatr the same as they are applied and enforced by the Town from tine to time within legally permissible bor:nds of discretion- [Balance of p4ge intentionally left blank] O47AJ RTISE fli*n 'Yi seal il o IN WTINESS WHEREOF, Vail Reinvesheirt Authority has made these Gore Creek Protective Covenaats as of the day, month and year first above written. VAIL REINVESTMENT AUffiORITY, a body corporate duly organized and existing as an nrban re,newal authority under the laws of the State of STATE OF COLORADO COUNTYOF -rLDn' day of Dtecbr of Vail an urban re,n6wal lhe foregoing insturnent was acknorrledged befclre me this/ r,Qzt-O{;.- . 2005, by Stantey B. Zmler, as Executive @ a body corporate duly organized and existing as authority under the laws of thc State of Colorado. . Wituess myband and official seal. Public 5242J nelsg ) ) ss. ffis o D(EIBITA Legal Description of Gore Creek kopertv A PARCEL OF I-AND BEING A PART OF IOTS B A}.ID D MORCUS SUBDIVISION AS RECORDED ON IvIAY I l, 1977 LT RECEPTION NO . 151373, AI.ID A PART OF PARCEL 3, UONSIIEAD PFIIHOUSES AS RECORDED ON JAI.IUARY 21, 2003 AT RECEPUON NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRTJMENT RECORDED ONDECEMBER 18,2OOI AT RECEPTIONNO. 780248, EAGIE COUNTY, COIORADO, MORE PARTICIJURLY DESCRIBED AS FOI,IOWS: BEGINNING AT A FOITND No. 5 REBAR VTIII AIUMINUM CAl, L.S. No. 2183 ON TIIE EASTERLY BOUNDARY OF I.oT 8, BLOCK I, VAII.&IONSHEAD TIIIRD.FIIING RECORDED AT RECEPTION NO. 1U682 W}ENCE TIIE NORTI{WEST CORNER OF SECTION 7, TOWNSHIP 5 SOIJTI{, RA}.IGE 80 WEST OF TIIE 6TH PRINCIPAL MERIDIAN BEARS S 85'48'35" W A DISTA}ICE OF 1368.58 FEET BASED IJPON STATE PLAI.IE COORDINATES WTIII A ROTATION OF +00'30'19" FROM PLATTED SAID VAII-I,IONSHEAD IIIIRD FILING, SAID LINE FORMING TIIE BASIS OF BEARING FOR TTIIS DESCRIPTION; rrnNCt S 1E"54'12" W A DISTA.ICE OF 541.47 FEET TO TIIE SOUTHEAST CORNER OF SAID PARCEL3 UONSHEAD PENTIIOUSES,SAID POINTBEINGTIIETRUEPOINTOF BEGINNING. TIIENCE ALONG TIIE SOUTH BOUNDARY OF SAID PARCEL 3 UONSHEAD PENTI{OUSES TIIE FOLITOWING (3) THREE couRsEs: l) S 83'59'19- W A DISTAI.ICE OF 30.00 FEET;2) S 76o4'19' W ADISTANCE OF 135.64 FEET;3) S 66.54',19? W A DISTAI.ICE OF 72.29 FEET TO TIIE SOUTITWEST CORNER OF SAID PARCEL 3 LIONSHEADPENTHOUS$; TIIENCE AI'NG TIIE SOUTII BOI,'}IDARY OF SAID PARCEL DESCRIBED AT RECEPTION NO ,7EV248 THE FOLIOWING (3) TTIREE COURSES: l) s 66.54'19" W ADISTAI.ICE OF 210.00 FEET;2) S 15'46'4I"EADTSTANCE OF 3.15 FEET;3) S 74"t2',56" W A DISTAITCE OF 26.69 FEET TO TIIE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIYISION; TIIENCE AIONG TIIE SOUTH BOUNDARY OF SAID LOT B TIIE FOLLOWING (3) THREE COTJRSES: l) s 74o12'56" W A DISTAI.ICE OF 253.31 EET;2) S 7729'rO'" W A DISTANCE OF 89.72 FEET TO T1IE MOST SOUTITWESTERLY CORNER OF SAID LOTB 3) N 31".10' 14" W A DISTAIICE OF 1.44 FEET TO A POINT ALONG TIIE EAST RIG TOF-WAY LINE OF FORESTROAD; TIIEI{CE ALONG TIIE EAST LINE OF SAID RIGIIT-OF-WAY N 15'50'27' W A DISTA}TCE OF 122.80 FEET; TIIENCE DEPARTING SAID RIGHTOF.WAY N 74'12'56'' E A DISTANCE OF 198.65 FEET; TIIENCE S 2O'I7'II" E,ADISTANCE OF 635 FEET; TIIENCE N 69"42'49" E A DIf|TAT.ICE OF 258.93 FEET; TEENCE N 2O'I7' 11' W A DISTAI{CT OF 4.79 FEET; TIENCEN 69'42'49" E ADISTA}.ICE OF 59.18 FEET; TIIENCE S 2O.I7,II" E A DISTA].ICE OF 4.79 FEET;.TIIENCE N 69O42'49'E A DISTAI{CE OF 18?.65 FEET; THENCE N 82O 49'24" E A DISTANCE OF 59.29 FEE-T; TIIENCE N 39?IO'I2': E A DISTANCE OF 18.52 FEET; Io 62,!215 RCtltE A-l o TIIENCE N 02044'06' W A DISTA}.ICE OF 4,88 FEET; THENCE N 68'30'09" E A DISTAI'ICE OF 65.36 FEET TO A POINT AI'NG THE EAST BOUNDARY LINE OF SAID PARCEL 3 UONSHEAD PENTIIOUSES; TIIENCE AIONG THB EASTERLY LINE OF SAID PARCEL 3 UONSHEAD PENTIIOUSES TIIE FOLLOWTNG (2) TWO COTruES l) s 21.30'33' EADISTAI.ICEOF 20.54 FEET; 2). TIIENCE S 02026'32' E A DISTAIT.ICE OF 130.76 FEET TO TIIE TRUE POINT OF BEGINNING. COTJNTY OF EAGI,E STA1S OF COIORADO. TIIIS LEGAL DESCRIPTION HAS BEEN CREAIED BY BRENT BIGG$ PIS No. 27598, ON BEIIALF OF PEAK I.A}.ID SI,JR\1EYING, INC., 1OOO UONS RIDGE I.OOP, VAIL, CO 81657. .l o o dt4lzt J rcsll A-2 t o SPECIAL WARRANTYDEED [Statutory Form - C.RS. $ 38-30-115] VAIL REINVESTMENT AUTIIORITY, a body corporate duly organized and existing as an r:rban re,newal authority under the laws of the State of Colorado, whose steet address is T5South Frontage Road, Vail, Colorado 81657, Atte,lrtion: StanleyB. Zemler, Executive Director, Town of Vail, County of Eagle and State of Colorado ('Grantot'), for good and valuable consideration, in hand pai4 hereby sells and convq/s to THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation, whose steet address is c/o Vail Resorts Development Company, P.O. Box 959,137 Bencbmark Road, Avon, Colorado 81620, Town of Avon, County of Eagle and State of Colorado, the real property in the County of Eagle and State of Colorado that is legally described on Exhibit A attached hereto and incorporated herein by this reference, with atl its appurtenances, and warants the title against all p€nions slaiming under Grantoq zubject to the title exce,ptions set forth on Exhibit B attached hereto aod incorporated herein by this reference. Madeasofthe th davof lvWjh 2005. VAIL REINVESTMEN'T AUTHORITY, a body corporate duly orgemized and edsting as ab ruban renewal authority rmder the laws of the Siate of Colorado By Narne: Title: STATE OF COLORADO COTINTY OF lilllll f,ffIirl...i R21 .00 00.60 i il|lililil|llililil|l]iltlil ton E.glr, C0 388 illlillililtilT t J Sinon +)r'- ) ) ss. -t Vl^- instrument was acknowledged before me this q ' - day of 2005, by StanleyB. 7-em[er,as Executive Director of Vail aod existing as an ruban re,newalReinv6she,nt Authority, a body corporate duly authority under the laws of the State of Colorado. MRYNN GRAHAT 'BEST, NotarY PuUic li" n"-J*i.n Exoires Octobet 28,2006 i; S. Ft*trs, Roao Vail, c0 81657 639Ut2 RCTXTE D(HIBITA Legal Description (Gore Creek Property) PARCEL I A PARCEL OF I.AI.ID BEING A PART OF I.OTS B AND D MORCUS STJBDIVISION AS RECORDED ON MAY I I, I97V N RECE?TION NO . 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTTIOUSES AS RECORDED ON JANUARY 27. 2m,3 AT RECEPTION NO. 821386, A}.ID A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER T8, 2OOI AT RECEPIION NO. 780248, EAGIJ COUNTY, COLORADO, MoRE PARTICUI-ARLY DESCRIBED,4"S FOLLOWS: BEGINNING AT A FOT ND No. 5 REBAR WTIH ALIJMINUM CAP, L.S. No. 2lE3 ON TIIE EAIiTERLY BOIJNDARY OF IPT E, BI,oCK I, VAII.d-IONSIIEAD TIIIRD FIUNG RECORDED AT RECEPTION NO. 117682 WHENCE THE NORTIIWEST CI]RNER OF SECTION 7, TOWNSHIP 5 SOUTII, RA}.ICE 80 WEST OF TIIE 6TH PRINCIPAL MERIDIAN BEARS S 85'48'35" W A DISTAI.ICE OF 1368;58 FEET BASED UPON STATE PLAI.IE COORDINATES WTIH A ROTATION OF +00.30,19" FROM PLATTED SAID VAIULIONSHEAD THIRD FILING, SAID LINE FORMING TIIE BASIS OF BEARING F'OR THIS DESCRIPIION; TIIENCE S lE 54'12" w A DISTAI.ICE OF 541.47 FEET TO TIIE SOUTHEAST CORNER OF SAID PARCEL 3 LIONSHEAD PENTTTOUSES, SAID POINT BEING ITIE TRUE POINT OF BEGINNING. TIIENCE AI'NG TIIE SOUTII BOIJNDARY OF SAID PARCEL 3 UONSHEAD PENTHOUSES TI{E FO.I.LOWTNG (3) TIIREE COTJRSES: .-." l) s 83"59'19" W A DISTAI{CE OF 30.00 FEET; I 2i s?6..44'rs-wADrsrAr{cEoF135.64FEET; Y 3) S 66654'19" W A DISTA}.I@ AF 7229 FEET TO TIIE SOUTI{WEST CORNER OF SAID PARCEL 3, .LIONSHEAD PENTIIOUSES; ' THENCE AIPNG THE SOUTII BOTJI{DARY OF SAID PARCELDESCRIBED AT RICEPTIONNO.780248 TrrE FOLIOWTNG (3) THREE COTJRSES: l) s 66.54'19" W A DISTAI.ICE OF 210.00 FEET;2) S 15.46',41" E ADISTAITCE OF 3.15 FEET;3) S 74"12'56" W A DISTANCE OF 26.69 FEET TO TIIE EAST BOUNDARY LINE OF SAID I-oT B, MORCUS SUBDIVISIOT.I; TIIENCEAIONG TIIE SOUTHBOUI..{DARYOF SAID I,OTB TIIEFOLTOWING (3) THREECOURSES: 4) S 74"t2',5f',W ADISTANCE OF 253.31 FEET;5) S 77.29',10" W A DTSTANCE OE 89.72 FEET TO TrrE MOST SOUTTWESTERLY CORNER OF SAIDI'TB 6) N 3l',f0'14' W A DISTANCE OF 1.,14 FEET TO A POINT AIfNG TIIE EAST RJGIIIOF-WAY LINE OF FORESTROAD., TIIENCE ALONG THE EAST LINE OF SAID RIGIIT.OF-WAY N 15'50'27,' W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGIITOF-WAY N 74.12'56'' E A DISTAI.ICE OF T98.65 FEET; TIIENCE S 2OOI7.'II"EADISITAI{CE OF 6.35 FEET; TIIENCE N 69 '42'49'E ADISTAT.ICE OF 25t.93 iiEET; THENCE N 20'17'T 1'W A DISTA}.ICE OF 4.79 FEET; TI{ENCE N 69'42'49" E-A DTSTAI.TCE OF 59. I E FEET; THENCE S 2OOI7'1I" E ADISTANCE OF A.79 FEET; TIIENCE N 69'42'49" E A DISTANCE OF 187.65 FEET; 6t13lJ tCFtSn A-l o TIIENCE N E2"49'24" E A DISTA}.ICE OF 59.29 FEET; TIIENCE N 39"10'12" E ADISTAI\TCE OF T8.52 FEET; THENCE N 02',U'06" W A DISTANCE OF 4.88 FEET: THENCE N 68"30'09" E A DISTANCE OF 65.38 FEET TO A POINT AIONG THE EAST BOI.JI"{DARY LINE OF SAID PARCEL 3 UONSEEAD PENTHOUSES; TI{ENCE AIONG THE EASTERLY UNE OF SAID PARCEL 3 LIONSHEAD PENTIIOTISES TgE FOLLOWTNG (2) TTIO COTJRSES: 7) S 21"30'33" E A DISTANCE OF 20.54 FEET; 8) TTTENCE S 02"26'32" E LDISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING COUNTY OF EAGLE, STATEOFCOIPRADO. TIilS LEGAL DESCRIPTION IIAS BEEN CREATED BY BRENT BIGGS, PIs No. 27598, ON BEIIALF OF PEAKI-AND SURVEYING, rNC., IoooLIONS RIDGE IOOP, VAtr4 C' 81657. PARCEL 2 A PARCEL OF I,AND PREVIOUSLY LOCATED WITIIDT VAIL VILLAGE SECOND FILING, ACCORDING TO TI{E PI"AT THEREOF RECORDED ON JANUARY 9, 1963, AT RECEPTION NO. 96928, AS RE. RECORDED AI.ID/OR AMENDED BY PIAT RECORDED MARCII 25, 1963, AT RECEPTION NO. 97t99, NOW BEING LOCATED WIIIIIN LOTS B A}.ID D, MORCUS STJBDTVISION, AS RECORD@ ON MAY II, 1977 AT RECEPTION No. 1513?3, AI.ID APART OFAPARCELDESCRIBED IN INSTRLTMENT RECORDED ON DECEMBER 18, 2!OI, AT RECEPTION NO. 78024E, EAGLE COTJNTY, COI'RADO, MORE PARTICT'LARLY DESCRIBED AS FOLIOWS: BEGINNING AT A FOLTND No. 5 REBAR WITII ALUMINUM CAP, LS. No.2183 ON THE EASTERLY BOIJNDARY OF I,oT 8, BI,OCK 1, VNI./LIONSHEAD TIIIRD FILING RECORDED AT RECEPTIOhI No 117682 WIIENCE fiIE NORIIIWEST CORNER OF SECTION 7 TOWNSHIP 5 SOtmI, RA}IGE 80 WEST OF TTIE 6TII PRINCIPAI MERIDIAN BEARS S E5'48'35" W A DISTANCE OF T368.58 FEET BASED IJPON STATE PI.AT.[E COORDINATES WTIII A ROTATION OF +OO"3O'19" FROM PI."ATTED SAID VAII./UONSHEAD TIIIRD FILING, SAID LINE FORMING TIIE BASIS OF BEARING FOR TIIIS DESCRIPfiON; TIIENCE S 51035'00' W A DISTA].ICE OF 1216A7 FEET TO TIIE MOST SOUTITWESTERLY CORNER OF SAID I,OT B MORCUS SUBDTVISION SAID POINT BEING THE POINT OF BEGINNING; THENCE N 31'40'14'W A DISTANCE OF 1.44 FEET TO A POINT AIONG TI{E EAST RIGI{T.OF-WAY LINE OF FOREST ROAD; THENCE ALONG TIIE EAST LINE OF SAID RIG}IT-oF-WAY N 1s'50'2r w A DIIITAI.ICE OF 122.80 FEET TO TIIE TR.IjE P-OF{I OE BEGIN ,NINC. TIGNCE AIONG TIIE EAST LINE OF SAID RIGIIT-OF-WAY N 15'50'27' W A DISTAI ICE OF 10:66 FEET; TIIENCE DEPARTING SAID RIGIITOF-WAY A}.ID AIPNG TTIE NORTHERLY IJNE OF SAID VAIL VILLAGE SECOND FILING N 74'14'26" E A DISTAI{CE OF 412.70 FEET; THENCE S 69'42'49" W A DISTAI.ICE OF 258.93 FEET; THENCE N 20'17'l l'W A DISTAI{CE OF 6.35 FEET; TIIENCE S 69"42'49" W ADISTANCE OF 198,65 FEET TO TIIE TRI'E POINT OF PEGINNING. COUNTY OF EAGI.;E, STATE OF COLORADO. nSNI gtGGS, PIS No. 27598, ON BEEALF OF PEAK LAND SURVE"nNG, INC.j 1000 LIONS RIDGE IOOP, VAII+ CO 81657. 63913t2 RCFMF A-2 1. 2. J. ElsrBrTF PERMITTED EXCEPTIONS The lien for real prop€r-ty taxes and assessments not yet due and payable' Gore Creek Protective Cove,nants orecuted by Grantor and recorded on the saqe day as and prior to the recordation of this Deed- Rigfit of proprietor of a vein or lode to extact and re,move his ore therefrom should.the same be found to p€,netate or intasect the premises as reserved in United States Patent recorded May24, 1904, in Book4tt at Page503, and in Unit€d States Patent recorded September 4, 1923, in Book 93 at Page 98. Right of way for ditches or canals constnrcted by the authority of the United States as reserved in Unit€d States Patents recorded May24, 1904, in Book48 at Page503' Se,ptember d 1923, in Book 93 at Page 98, and July 13,1939, in Book 123 *'Page 617. Easeinent Agreement made by VAMHC, Inc., a Colorado corporation' and Vail Assoeiates, Inc., a Colorado co4roration (a duly registered trade name of The Vail Corporation), recorded August 5, 2004, at Reception No . 886'124. Terms, mnditions and provisions of Trench, Con<luit and Vault Agregment recordedo 4. 5. 6. Octob€r l,2004; at Reception No. 893080. - Terms, conditions and provisions of Trencb, November 4, 20f,4, at Rece,ption No. 896693. Vault Agree,ne'nt recordedConduit and Terms, conditions and provisions of West Day Subdivision, according to the plat thereof whether heretofore or hereafter recordd including eas€rnents created by or shown on such plat a 53913t: RCAlsE B-l ( t.rk ilillll f'ffr;':,,,, R 31.00 D O.OO : ItilililililtilultililIillill J Sironton E:91., CO iltilflil 249 AN-oRDITTAI$CE VACATINTG A CERT,UN.PART oF THE sYs'TEM oF PUBLIC WAYS OF TTIE TOWN OF VAIL, COLORADO, IE., THAT PUBLIC RIGHT-OF.WAY CONSTITUTING TTIOSE PORTIONS OF RED SAI{DSTONE ROAD CONTIGUOUS TO EITIIER TRACT A On TR q,CT g, SOUTH FRONTAGE ROAD SUBDIVISION NOW, TIIEREFORE,'BE IT ORDAINED By TIIE TOWN COUNCIL OF THE u- >\- TOWN OF VAIL, COLORADO as follows: Section l. The Vacated Way (definal below) is hereby vacated by the Town of Vail, and no long€r coirstitutes part of the system ofpublic ways of the Town ofVail. The Vacated Way shall mean the area legally descnibed on Exhibit A attached hereto and incorporated herein by this refere,nce, together with any other portions of $e, Red Sandstonq Rgad right-of-ryay, as historically Ttablishe4 rhat may lie witbin or adjdcent to either of Tracts,A and.B, as they are legally d€scribe{ or'?arcel 268," as shovm on the plat Section 2. , This vacation of the Vacated Way will be and remain subject to, and there is hereby reselved (i)a no4-exclusive pnvate eas€,m€,nt in perpetuity over the Vacated Way as necessary for access to Parcel 268, which eas€m€td will be an qpurt€,nance benefiting the oumership of Parcet 268, and (ii) a non-exclusiveprivate easement ia perpetuity over the Vacated Way for the continued Ordimnce 32, Serles of 2fllt INTRODUCED, READ, ADOPTED AllD ENACTED ON SECOND READING AND ORDERED PIJBLISIIED IN FULL this 2ld day of Deccmb a, 20M. frinanae l,lo. 32, Seri6 of 2qX o 3 STATEOFCOLORADO ) ) ss. COIJNTYOFEAGLE ) On this 7t day of Mrclq 2005, I certiff that the prdceding document is a tnre, sract, complete and unaltered photocopy of Town.of Vail Ordinance No. 32, Series of 2004 o ril||l R tl, I ) ) ss: ) QIIITCLAIMDEED [StatutoryFomr- C.RS. $ 38-30-116] a)t t- THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation, whose steet address is c/o Vail Resorts Development Company, P.O. Box 959, 137 Bencbmark Road, Avon, Colorado 81620, for good and valuable consideration, in hand paid or received hereby sells and quitclaims to TOWN OF VAIL, a municipal corporation duly organized and existing under and by virnre of tle laws of Colorado, whose steet address is 75 South Frontage Road IVes! Vail, Colorado 81657, the real properfy in the Couaty of Eagle and State of Colorado that is described on !4b[b:j!:\ attached hereto and incorporated herein by this reference, with all its appurtenances. Sigred this qv day ot A'brrth 2005. TTIE VAIL CORPORATION, D/B/AVAIL ASSOCIATES, INC., a Colorado corporatiou srArE or (aloroJ O : I llilil llil l]]il ilu til illil Iilt til ilill i T..k J Slmonton Er9I., C0 319 9087s8 iPage:1of 2 i O3/ 1O|2OO3 7Ol'34oo D e.oo I "Ar-If, By: couNTY or Eaq le -J-forcgoing , 2005, by iee rporation, d/b/a Vail Associates, Inc., a Colorado corporation. 'Witness my hand and official seal. dzy e; It expires: f n/ t, a f loo F //F r-i;;;XH ffi*ll.y 6l9l5,t.l RCFISH E)(HIBIT A Legal DescriPtion THAT PART OF THE NORTII LIz OF SECTION 8, TOIVNSHIP 5 SOUTII, RANGE 80 WEST OF TTIE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTT, COLOMDO, LYING NORTH OF INTERSTATE HIGHWAYNO. 70, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTTIEAST CORNER OF SAID SECTION 8, TI{ENCE SOUTTI 89 DEGREES 46 MINUTES 27 SECONDS WEST 2651.87 FBET ALONG TI{E NORT}IERLY LINE OF SAID SECTION 8 TO TTIE NORTH I/4 CORNER OF SA]D sedirox 8; TTIENCE S9UTII 89 DE6REES 46 MINUTES 27 sEcoNDS ryEST 903'90 FEET ALONG TIIE NORTHERLY LINE OF SAID SECTION 8 TO TIIE NORTIIERLY RIGHT OF WAY LINE OF N-rSRSreTE HIGIIWAYNO.70; THENCE TI{E FOLLOWING FOUR COURSES ALONG SAID NORTHERLY RIGHT OF WAY LINE: 1) SoUTH 73 DBGREES,46 MINUTES 15 SECoNDS EAST 789.30 FEET 2) SOUTII TS DEGREES 49 MINUTES 16 SECONDS EAST 567.90 FEET 3) SOUTH 75 DEGREES 28 MINUTES 18 SECONDS EAST 942.40 FEET 4J r327.go FEET ALONG TIIE ARC OF A CURVE TO THE LEFT, IIAVING A RADruS OF 558O.OO FEET, A CENTRAL ANGLE OF 13 DEGREES 38 MINUTES 04 SECONDS, AND A CHORD WHICH BEARS NORTH 89 DEGREES 36Ii'1INUTES 34 SECONDS EAST 1324.70 FEET, TO TIIE EASTERLY LINE OF SAID SECTION 8; TTIEN NORTH OO DEGREES 23 MINUTES 03 SECONDS EAST 572.10 FEET, ALONG SAID EASTERLY LINE, TO TIIE POINT OF BEGINNING' , . Y./a .. .v; 'ji o 6!9154.r RCnSH A-l l tfiilLtflffitill ullt!ilJilil ilru ffi |il [l /E)908757 t\!./ Pagc:1of 3 I 03/ LOlZgo3 lO:34ioo D C.Oe : AMENDMENT TO RIGHT OF ENTRY --81i.... TIIIS AMENDMENT TO RIGHT OF ENTRY (this "Amendm€Nf) is made as ofthefl!' 'day ot ^JAJTOA ,2005, by and between TIIE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates'), and the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the *Town'). RECITALS: A Vail Associates holds a power of termination and right of eati'y for condition broken (the 'Rigbt of Enty'') established by and resenred under a certain deed from Vail Associates, Inc. to the Town dated May 15, 1980, and recorded in the real property records for Eagle County, Colorado, on May15, 1980, at Book302, Page854 (the *Right of Enty Deed"). The real property which is subject to the Right of Entry is described oa Exhibit A to the Right of Enty Deed (the'?roperry''). The Right of Entiy may be exercised by Vail Associates in the event the zubject property is used for any purpose other than those uses'which arc expressly perm.itted under the terms of the Rigbt of Entry Deed (the '?ermitted Uses'), B. Vail Associates has agreed with the Town to expand the scope of the Permitted Uses pursuant to the terrns of this Ameudment. NOW, THEREFORE, Vail Associates hereby agrees that the Pemitted Uses are hereby expanded to include a confere,nce center and associated uses, with these uses to be cumulative with and in addition to the other Permitted Uses enumerated in the Right of Entryr Decd" The Rigbt of Entry may not be exercised because of any enjoyment upon the Property of the Permitted Uses as so expanded. In all other respects, the Right of Entry shall rernain in full force and effect and the Right of Entry is hereby ratified and reaffirmed by the parties. This Amendment may be executed in counterparts, each of which shall constinrb an original, and which together shall constitute one arid the same agreemeut' [Balance of page intentionally left blank] z)p' o 69212.1 ICFTSF IN WITNESS WHEREOF, Vail Associates and the Town have made this Amendment to Right of Entry as of the day, month and year first above wri6en. TT{E VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation By Name: Title: STATE OF COLORADO [Sipature blocks continue on next page] ) corrNTY oFw_> of The Vail Witness myhand and offrcial sbal. / Mycommissionexpires: tO I O I / I ao(tl The fotegoing instrumenj wa; apknowledged before me tlis l?t"t 41';jfp w*:p 63c,12.t RCFXTH 'fl}.'t't'"q i SEAL !...' saftei6: TOWN OF VAIL, a municipal corporation duly organized and existing uader and by virtue ofthe laws of the State of Colorado STATEOF COIORADO ) ,2) COUNTY OF Ttqtt 1 U 6392tZr RCFISH The foregoing instrument was acknowledged before me this <6, t -'ftaay o,t14 , 2005, by Stanley B. Zerilet as Town Mrnager of the Tourn of Vail, a municipal 'oration duly organized and existrng rmder and by virtue of the laws of the State of Colorado. Wibess my hand and official seal. My comnission expires:MARY ANN GRAMII'BEST, NotarY P$lic ober 28,20{16 emler, Town Manager id S. frontage Road Vail, CO 81657 lllilllllillilllllillilllllllllllilllillllllll l,l'1,,'.i:",,., @ .rk J Shonton E.91., CO 321 R 2l .0O D O.Oe PARTIAL DISCHARGE AI\D RATIFICATION OF GORE CREEK PLACE DEVELOPMENT AGREEMENT THIS PARTIAL DISCHARGE AND RATIFICATION OF GORE CREEK PLACE DEVELOPMENT AGREEMENT is made as of the frauy ot luAtJ;rA--, , 2005, by and among the TOWN OF VAIL, a municipal corporation duly organized and existi:rg under and by virtue of the laws of the State of Colorado (the "Town'), VAIL REII.IVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the 'Authorif), and THE VAIL COR?ORATION, D/BiA VAILASSOCIATES, INC., a Colorado corporation (Vail Associates'). RECITALS: A. The parties hereto are also parties to that certain Gore Creek Place Development Agreement dated as of November 8,2004, and recorded in the real prcperty records of Eagle County, Colorado, on or about the date of this instument (the "Development Agreement'). Initially capitalized terms used but not defined in this instnrment shall have the meanings ascribed thereto under the Development Agreement. B. Ia accordance with the intent of the parties under paragraph 5 of the Development Agreement the parties have mutually determined to confirm, as a matter of record and in accordance with the following teirrs of this instrument the completion of the Closing, and to otherqrise ratiff the Development Agreement. NOW, TIIEREFORE, in furtherance of the respective rights and obligations of the parties under the Development Agreemenl the Town, the Authority and Vail Associates acknowledge, confirm and agree that as of the date of this instrument, the Closing has been completed, and tbe obligations of the parties and other provisions under paragraph 3 of the Development Agreement have been discharged and satisfied, except that (i) the Town's obligations under paragraph 3(c)(i) shall remain in force and effect as necessary or appropriate in furtherance of the development of the Gore Creek Projecg and (ii) the provisions for negotiations under paragraph 3(dXi) of the Development Agreement shall also remain il force and effect in accordance with the terms thereof. Subject to the foregoing provisions, tbe Development Agreement is and shall be and remain in firll force and effect in accordance with its terms and is herebv ratified ald re- adopted by the parties. This instrrment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the sarne agreement. / '4l>\ 639.66,2 tCtrstt IBALANCE OF PAGE INTENTIONALLY LEFT BIANKJ IN WITNESS WHEREOF, the Town, the Authority and Vail Associates have made this Partial Discharge and Ratification of Gorc Creek Place Development Agreement as of the day, month and year first above written. TOWITT: TOWN OF VAIL, a municipal corporation duly organized and exist'.g bY virtue of the laws of the State of Co By: Name: Title: Town STATE OF COLORADO COUNTY OF EAGLE Gp"lio=tpor"tion duly organizedand existing by virtue of the laws of the State of Colorado. Wihess my band and official seal. on exprres: [SIGNATURE BLOCKS CONTINUE ON FOLLOWING PAGEJ ) ) ss: ) F*-Ei su.Lt ! f.i'6ilir 539a56: RCfISH VAIL ASSOCIATES: TTIB VAIL CORPORATION DiBlA VAIL STATEOFCOIORADO COI]NTY OF EAGLE ) ) ss: ) The foregoiqg instnrment was acknowledged before { bruor, ,2005, bi lfrdrtha D. rt+it ttii.il-ffi;ration'aAla \ffi so"iat"sltni., d Colorado corporation. Witness my hand and official seal. TARE BLOCKS CONTINAE ON FOLLOWNG PAGEJ AFEoYtd||!.Fot!3 / vr0 lt$tzr.trl D.FrqtrlW:..TM] ,;- of of dayme this 4[et-Hffi ",i1OTABy \i 'i..-i..i s..f,'utli$ka;.S -J- STATE OF COLORADO COIJI.ITY OF EAGLE Witness mY hand and official seat' ) ) ss: ) AUTHORITY: VAIL REINVESTMENT AUTHORITY By Name: Title:Executive Dlreetor ffiii3ii* 639ir66,:l RCFISH -4- / ililililililft||l||k J Sinonton ilultililil]lilttilillhtlr' CO 17e lillll ;ffili:?,..j R 26.00 o o,oo i GRANT OFEASEMENT @ike Path) TI{E VAIL CORPORATION, a Colorado corporation, dtb/a Vail Associates, Inc. 4)*n' ('Grantor), for good andvaluable consideratio4 in hand paid or received hereby grants and conveys to TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of Colorado ("Grantee"), whose street address is 75 South Frontage Road Wesg Vail, Colorado 81657, as a public dedication, a public easement (the "Easement') upoq across, over and under that certain real property described in Exhibit A attached hereto and incorporated herein by this referencc (the "Servient Estate") for the constmction, installation, modification, maintenance, use and enjoynent of a portion of a recreation/bicycle path (the '?ath) that lies within the Servient Estate. The Easemeni shall be for the benefit of the Grantee and its contractors, agenb, invitees, and designees (including members of the public using the Path from time to time). The Grantee covenants and agrees to undertake and bear all maintenance and repans ofthe Path as necossary to keep the Path in good condition and repau, and to bear and discharge any obligations or liabilities that may arise in connection with such maintenance and repairs, or the use and enjolment of the Path pursuant to the Easement. The parties acknowledge that in connection with the development sf the site owned by Grantor which is adjaceot to the Senrient Estate and which is commonly referred to as "Gore Creek Place," Grantor may reconstruct and relocate the Path so that it falls entirely out of the Servient Estate and wholly pithin portions of Tract B, VaiUlionshead, Third Filing, according to the rccorded plat thereof, which are owne.d by the Grantee. If and when that relocation is completd the Easement shall terminate and be of no further force or effect, and the Grantee shall join in the execution and recordation of any instrument that Grantor (or its successors) may reasonably request to evidence such termination (and notrvitbstanding any other beneficiaries of the Easement hereunder, Grantee shall retain the unilateral power and authority to make such instnrments). The covenants and obligations ofthe Grantee hereunder sball inure to the benefit of Grantor and its successors in interest in and to the Servient Estate. The Easement shall be non-ei.clusive, and Grantor shall have the right to use the Senrient Estate for any rries and purposes that are not inconsistent with the use and enjolrnent of the Easement. No building stucture may be located witlin the Servient Estate. This instument shall be governed by and constued in accordance with the laws of the State of Colorado. This instument may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. The Easement granted hereusder shall become effective upon tle due and valid execution and delivery of this instument by both Grantor and Grantee and this instrument's recordation in the real property records for Eagle County, Colorado. 636917-2 ROtSg / IN WTn{ESS \ Easement as of theffdayof Grantor and -?tr4. qtt1. GMNTOR THE VAIL CORPORATION, a Colorado STATEOFCOLORADO ) ) ss: COUNTYOFEAGLE ,) The foregobg was aclngwledged before me thi44J{t '"":ztrF:t, df The Vail Corporation, a Colorado corporation, drbla Vail AssociitesJnc. 'Witness my hand and official seal. My commission expires: [Grantee's sipanre block follows on next page] Grantee have executed this Grant of \Cofr o ) Afa%r-\ 6rv"{flD\' .r'S0I4,?p''..4::i"-i Ur.-l ttlt^..r ..' W*-:lllils} o d'@I?: RCFISH GRANTEE: TOWN OF VAIL, amunicipal corporation, duly organized and adsting under and by virtue of the laws of the State of Colorado ATTEST: STATEOFCOLORADO COUNTYOFEAGLE ) ) ss: ) c-.,.7/j^ -., frgforegoigg instnunent was acknowledged before me this tday of /ryt/Lo(.\- .200fby S'-"leyB. Zemler as Toum Manager of The Town of Vail, a municipal corporatiod duly organized and existing under and by virtue of the laws of thc State of Colorado. .-. - B!7*mler, TownManager 75 S. Frcnlrgc Ro|(l v.llr c0 E1657 oor?t icF|sn ooEfi-<i Ar{3* uit6z =o 1A 6z Fd 9a tr9(^6<o96rattc. =E E{ cr- z 7f,,,:*'fi.c?fl ctz E e oF EI 'eoo m-stagt * (F-n.o.w') Al{Itns @rDoun||Ls (80oK 225, PACE 820) ANIIERS CONooU|NTUM ASSOOAIION -------'-'i "?$ dHa xsF "s.q\ LOt 7. ELOO( t,"r.ru*.T:P, TtrjRo Fru o) 'o '6 -'t -n 'q?11"r I.rri! DIII r.lo 5 Fig8 6 E <t oo#S[.!TS...r EE EXti \o ,', 9\6\ t.n / z !.1 2d,o< c (., I I I I I I ir 3Eq dEE2FO gEE 3?Y9srt 8eJ .3 az ^eJF< =Y-a gzEOct !P09 < --dH -?z=x9{<6 : z =a{ - oz 71 ffiffi E.Egg F8tsr "g= Eg;I.P'El b3 Ebfg <9F 6 6 6 3 v utir'm,q.nin n:cr,,;r/tt iaF.t|EJrl:r!:!:!t-qlo.t-r t.ft-.!.Il|.\6{,\?{l\ejlr-c;ll\:. ,EXHIBII *A' LEGALDESCRIP]ION A,RECREATIG.I P^gI EASET#NT TOCATEDIN IOT B MORE{JS STJBDMSION, AS RECORDED ON I{AY 1 t, 197' AT RECEPTION No. l5l3B, EAGIJ @UNTY, COLOR./{m, MOnE PARnC{JIIXLY DESCRIBEDAS FOII,OWS: CoMMENCING, AT AFOUND No. s REBAR wTrH ALLJMINIJII cAPIl. No-2!!3-9I1]F EAsTERLv Boilr.[DARyoFlrr.8, BIrcK t, vAIL/IJoNSHEADTTIIRDFILINGREooRDED AT RECEPIION NO. I I ?682 WHE}'ICE TIIE NOR:TI{WEST CORNER OF SECIION 7 TOWNSTIP 5 SOTIII{, nelrat so wEsT oF TEE SDCrII PRINCIPAL MERIDT,AN BEARS S 85',+835" W A DIST,T.ICE OF 136358 FEETBASED TJPO,N STATEPTI}TE@ORDINATES WITIIARCTTATONOF+(X!3O'ITIROM PI,ATIED sllD vAIL/LIoNSHEAD TIIIRD FIUNc,SltD LINE FoRMING TI{E BAsIs oF BEARING FoR nIS DEscRIPnoN THENCE S5I.351)0W A DISTA}ICE OF I2I5.47 FEET TO A POq.IT ON TIIE WEST @RNER. oF SAID lri B MoRc{rs sLJBDTvISIoN_THENcE ALoNc tftE soUTII uxr oF sAID IJoT B, MoRcUs SUBDLSION THE FOLLoWING (2) TWo COURSES: l) N ???910'E ADISTAI'ICE oF 89.72 EEET; zi THENCE N ?4. 12,56' E A DISTAIiICE OF I t 9.69 FEET TO IfIIE TRIJE POINT oF BDGINNING \TTIEN(E DEFARTNG SAID SOUTTT LINE OF SAID I,OT B, MORCIJS SIJBDMSION 79,59 FEST AIONG TTIEARC OFA CTJRVE TOTHERIGIITHAVING A.CENTRALA}'IGLE OF5"43'33", A RADruS O.F 177.25 FEEr AI.ID A CXIORD WHICXIBEARS N 74.t2'56 E, A DISTAIICE OF 78.92 FEETTOAPOINT ONTIIE souTnLINE OF SAIDLOTB,MORCUS SLJBDMSION; TIIENG S 74"12's6"w ADISTAI.ICE OF 78.92 FEET TO TIIE TRUE FOINT OF BEGINNINC. COLINTY OF EAGI4, STATE OF COIJOMDO' TTilWDESdRPTIoN HAD BEEN cREATED BY BRENT BIc'GS PLS No. 2759t' ON BEITAIJ OF PEAK LAI.ID SIJRVEYING,INC. IOOO LIONS RIDGE I,,OOP vAtr- co E1657 P:\l 10G,1 l 9$l 146\DOC$l,c 3-Path Enooacbmcal-Lcgd.doc I I II $tl ii t I I t 1 I I I II IIa d! !i li il t ii ii i! Ii I !l !i I EIEI sh:ii Eil il!, t € B E E I l 3t.rl ffi; ii ri ii i$ tr.I :II !i lii llt l1I!i 3r Ii !! tI I! I I I b III C II EI !l EI il EI ll Ei !!!l i! lilc till !h IiI n III l8B! fiEEIl 1r !it t;.ld Eiigri giil I F- I8dI I I i t tt x d (o tlt Jrslr f X*;uu @ gFe 3rEH"F $Fi Fan eg$ ":{$_ -c5bR{_ b- 88tst.h iHEaR.L\i iR3q o:q-ioo nlF E.R t4 EaFFl(J Er(t) a4.q Vl Elq s FFIrFo{ Ees$ bE g dss qoa o; Ex uqE Htt NB V) T aE5 Ca rq R -4 ii iE Ei ;E!; iE E B It ti lE il EbrI :E Bi !! "t Er [frrinllE ;d iir ill !iil oIo. 8 I i c, o I r T td !FT !8, 3t s I II J t I I I I IT;! IE I I ff II B il;r EE {t{! a ?I nII E I ffi I --l iqi*H o a b a h H 6 =z Es9l8rpl UJcz R,. !il ;\t-\--lll rL+4 $ulriii\llri tl lrI I g t! Td'E F t ! I I I I I l I h 5r I ll uL' $lll xl5 iilnr-J lr{ TJ&6.^ 35 EEg8 l,fl E ii! --*i*ot*o"''| - dil!l % I A: B$ -gFI$ rH$3ll *llI$$ .Hlll ca4!E RqJs(a i!i il I *: I t i!!i! I irir - n --*\ "$ft * iir slo H hf t I\ ! ! r\ii!t l , .l! 'iI\ t'"ro'-.tL--i--- L---1 rnfrrfr--'tsr ,i'\ \ X\,fr[ \. *r.rp_{"'Vi iilLn^'* til lti! ill *[ LIi I Hi HI 5i i ld !,0 it t d.d cE€ $FIF iFffill *illlfis -Flll ft3"P(v7r(F Rbfl U2 I il li III I I I I !e f;ls IIUU hrl" Er t !it t ilIIt|. (a il -f= ![ I i \ o o o PEC and DRB APPLICATIONS o o oror4ilvm Project Address: 790 WEST LIONSHEAD CIRCLE Legal Description: Lot: 2 Block Subdivision: WEST DAY SUBDIVISION Parcef Number: 210tQ72070Q2 Commentsr SEE CONDmONS Design Review Board ACTION FORM Department of Crmmunity De'velopment 75 South Frontage Road, Vail, Colorado 81657 teli 970.4n.2L39 faxt 970.479.2452 web: www.ci.vail.co.us Prcject Name: GORE CREEK RES.I-ANDSCAPE CHANGE DRB Number: DR8040617 Project Description: REVISIONSTO I-ANDSCAPING ATTHE ENTRYTOTHE GORE CREEK RESIDENCE WHIHC INCLUDED THE REMOVAL OF ONE RETAINING WALL AND THE ADDMON OF TREES, THE DESIGN ALSO INCLUDED THE PLACEMETN OF THE SIGN IN THE WALL OF THE PARKING STRUCUTRE. THE DESIGN OF THE Pafticipants: OWNER VAIL CORP 12115/2004 Phone: PO BOX 7 VAIL co 81658 License: APPUCANT VAIL CORP 12115/2004 Phone: PO BOX 7 VAIL co 81658 License: Location: BOARD/STAFF ACIION Motion By: Action: STAFFAPR Second By:Vote: DateofApproval:01/20/2005 Conditions: Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (P|-AN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval, Cond: 202 Approval of this p$ect shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construdion is commenced and is diligently pursued toward completion. Cond: CON0006872 THIS APPUCANON DOES NOT INCLUDE THE APPROVAL OF A DESIGN FOR THE SUBDMDSION ENTRY SIGN. Planner: WarrenGmpbell DRB Fee Pald: $2O.OO General Information: Minor Exterior Alterations Applicaiion for Design Revie Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 , ' web: www,vailgov.com All projects requiring design review must receive approval prior to submitting a building permit application. please refer.to.the submittal requirements for the particular approval that is requeited. An application ior Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and conslruction commences within one year of the approval. the [.equest:445 Location or tl,e nlopos"l, t-ot, 0ib atoct' Physical Addresst Parcef No.: elol D1-AO1@(corrtact Eagte co. Assessor at 970-328-8640 for parcet no,) RHfiHTVHI} i.Ji:I i:,: .:,1 TOV-C0$fr.DEV. Zoning: Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of Applicant: Phone: Mailing Address: E-mail Address: Phone: Fax: Type of Review and Fee: D Signs C) Conceptual Review E New Construction tr Addition E Minor Alteration ( multi-fa mily/commercia l) E Minor Alteration (single-family/duplex) \, }[ Cnanges to Approved plans/\ tr Separation Request $50 Plus $1.00 per square foot of total sign area, No Fee $550 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, reroofing, paintinq, window additions, landscaping, fences and refdining walls, etc. $20 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and reraining w€lls, etc. $20 For revisions to plans Design Review Board. No Fee already approved by Planning Staff or the (. -v of L2/04/28/04 *'i*{.***{.*,}*******i.+***,*+***l.**t *'t ***!r,t ****r.*:t***,t *******t**{.**tt*:t *,r.****!r***{.*******t ***,**lr {.* TOWN OF VAIL. COLORADO Statement * t( * ** ** ** * * * * + ** ** * * * ** * *,f r.* *,*,* ** * * * * * * r. {( 'f **t t *:r r. *:t {. * * * *,r. ** i. 't * * * * * * {. * {. '} * * * ** *t( '1. {.,1r ***'1.'t**'1.*** Statement Ntunber: R04000?260 Amount: $20.00 !2/15/2OO4I2:10 PM Palment MeEhod: Cash Init : ,fS Notation: $/TODD GOTII.,DTNG, VAII, RESORTS Permit No: DR8040617 I:/pe: DRB-Chg to Appr Plans Parcel No: 2LOLO72O7OO2 Site Addrese : Location: 790 WBST LIONSHEiAD CIRCIJE Total Fees: $20.00 This Palment: $20.00 Total ALL Pmts: $20.00 Balance: $0.00 **'i,t******{'*:}{.*r. ** ** * * * ** * 't '} ** * * * *** ** * ** * *,} *** {. 't 'r*** i. rr * f *{r,t*****,r****,t ****t ***:t*****'t****** ACCOUNT ITEM LIST: Account Code Description Curnent Prnts DR OO1OOOO31122OO DES]GN REVIEW FEES 20.00 ' 4Z'O Architecture Itrc ci icago denver ?OVU}T OF VAIL\/ DEStcN RF/tEV\t \,/ STAFF APPROVAL \ DArE: 3@ 1' sr,\Fi ,AU -.__.*-r-_'424e^ . r Toutn of Vail 75 South Frontage Road Vail, Colorado 8'|657 RE: 'Gore Creek Residences - DRB Re-submittal (Site, Tunnel, Bldgs 1 & 2) 05 February B. Keynote Descriptions for attached drawings: Civil L_!l Revised eastern'turnaround'and retaining wall at north side.2 Revised westem stone veneer retaining walls from two to one. (previously approved by DRB).3 Revisbd eastern 'furnaround' and retaining wall at north skle; all other clouded revisions are belourgrade.4 Deleted steps along path from Plaza to existing Bike / pedestrian path..-, U unascape A Architectural n,/ 1\ Revised eastern 'turnaround' and retaining wall at north side.' 2 Deleted steps along path from Plaza to exisling Bike / pedeskian Path.-3 Revised westem stone veneer retaining walls from tiro tobnb. (previously approved by DRB).4 Revised western stone veneer retaining walls from two to one. (previously approved by DRB); Revised planting layout. Deleted snow fence(s) and gutter(s). Deleted rain gutter and added rain diverter.3 Deleted snorrrr fence(s).- 4 Increaded roofridge'height by7".5 Revised fireplace chimney localion.6 Revised roof configuration and increased ridge height by 30' in order to provide necessary roof pitch for adequate drainage.7 Deleted all heat cable, typical (previously approved at all eaves where gutters occur). O 3 Yffi:f;ritle location shown; all are painted to match watt finish (see gpicat notes sht 41.7).10 New address marker / light shorrn, see aftachment (details 3 & 4). 162l Eighleenth Stree Suite 200 Deov€r, Colorado 80202 T 103 388 4820 F 303 292 I I ll W 4240architccture.com 42,fO.Architecture lnc chicago denver 424c, . 11 Added copper gutter do,mspouts.12 Revised layor.rt of exhaust and intake p€nehations to coordinate with mardatory clearance requirements.13 Approximate gas meter location indicated.14 Wood siding shown where slucco was previously sho\iln in error.15 Reduced window size for necessary lowered head height. Muntin bars deleted.16 Added nervel post at mid point of deck railing.17 Deleted decorative wood trim bands; previor.rsly approved on other buitdings.18 Deleted timber tail thal was shornrn in enor.19 Revised eastern 'turnaround' and retaining wall at north side.20 Revised westem stone veneer retraining walls from two to one (previously approved by DRB).21 Revised slope of stone veneer wall and railing (beyond) to correctly follow the slope of the adjacent grade. 22 Revised slope of stone veneer wall and railing (beyond) to conectly follow the slope of the adjacent grade. Revised stone veneer retaining walls from two to one (previously approved by DRB). Added project signage and niche, induding lighting.23 Revised slope of stone veneer wall and railing to conectly follow the slope of the adjacent grade. Revised stone veneer retaining walls from two to one (previously approved by DRB). 162l Eighte€nth Sfect Suite 200 D€nv€r, Colorado 80202 T 303 38E 4820 F 303 292 3l 13 W 4240architechue.com HID ROOF TNTRYGABLE ROOF ENTRY -f----------------rr-; I l;- II i 1MT*l ; rJ \-/ i l. _-Lt_ _-:-_-_ll l x (. lz PLAN I lya- EUILOING WALL ,Y1' O BRONZE FINISHED STANDOFF WELOED TO LIGH' SHIEI.D AND WALL MOUNTING PLATE J6' CUSTOM BRONZE FINISHED METAL SHTELD W/ UN|T AOORESS NUME€R CUT OUT, WALL MOUNT OVER MANUF. LIGHT FIXTURE. ECLIPSE "NEPIUNE- FIXTURE - NE-M-Ofi -(2) 1 J- 1 20-€B-82-CT8 t h'x 6' ERoNzE FTNTSHED WALL MOUNTINC PIAIE, W/ 2 FLUSH HEAO tAG SCREWS. UNIT ADORESS NUMBER CUI OUT,I EACH OF NUMBERS 1-16, (4 I" HrcH ARaL FoNT) o ELEVATION Design Review Board ACTION FORM Departrnent of Crmmunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Proiect n ^", f,6ctG*L?lesAenog r- DRB Number: DRBO40199 Proiect Description: TEMPORARY VIEWING PI.ATFORMS FORTHE GORE CREEK RESIDENCES. Participants: OWNER VAIL CORP 05124/20M Phonet PO BOX 7 VAIL co 81658 License: APPLICANT MAURIELLP PI.ANNING GROUP, LLO5/24I2004 Phone: PO BOX 1127 AVON co 81620 License: Project Address:locaUon: 90 WEST UONSHEAD CIRCLE Legal Description: Lot: 7&4 Block 1 Subdivision: Vail Lionshead3rd Filing Parcel Numberz 2lQtO72O7O02 Comments: See Conditions BOARD/STAFF ACTION MoUon By: Action3 S|AFFAPR Second By:Vote: DateofApprovalz O5l27l2OO4 Conditions: @nd:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). C.ond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligentty pursued toward completion. Cond: CON0006467 That the applicant remove the temporary viewing platforms by no latter than June 1, 2005. O Planner: Wanen Campbell DRB Fee Paid: $25O.OO IOil'Nffi General Information: All poects r€quiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An applicatjon for Design Review cannot be accepEd until all rcquired informatjon is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design rwiew approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request: Aoproval of temporary viewinq Dlatforms at the Gore Creek Residences. Locat3on of the Proposal: Lot: A.B. C. DBlock:_ Subdivision: Morcus Sub. Physical Address:715 West Lionshead Circle Parcef No.: 210L07207002 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Lionshead Mixed Use 1 District Name(s) of Owner(s):Vail Coro. Mailing Address: Owner(s) Signature(s): Name of Applicantr Phone: 970-748-0920 E-mail Address: mauriello@comcast.net Faxl' 970-748-0377 Type of Review and Fee: Application for Design Review Depaftment of Community Development 75 Sonth Frontage Road, Vail, Colorado 81657 tef : 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us RECE IVI U Mailing Address: PO Box 1127. Avon. CO 81620 n Signs fl Conceptual Review D New Construction E )ddition ZI Minor Alteration (multi-family/commercial) I Minor Alterauon (singl e+amily/duplex) tr Changes to Approved Plans D Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $20 $20 No Fee $6s0 $300 $2s0 For construction of a new building or demo/rebuild. For an addition where square footage is added to any residentjal or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as, reroofing. painting, window additions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, reroofing, paintjng. window additions, landscaping, fences and retaining walls, etc. For revisions b plans already approved by Planning Staff or the Design Review Board. rorotricefq8nty: o., /o3 / ay' '* * l' ** * * '1.:l* * * * * * * 'fi * *:i '1. 'l * ** * * 'i** * *{.,t* * * *,f * *:t:t*:F* * * *'r* * * * i.,N ** * *,i * * * {. 'r r* * * * 'N. r( * * **'1.'N * * * ri** * * 'l * * t * '} TOWN OF VAIL, COLORADO Statement * * tl.* * * tt ** * * * * * * * * ** * rl. i. * * * *,t * * * * * ** 1.* * * * * {. *,t * * 'ti * * *,r * * * * * * * * * * * * * * *,f '}**{.,1.'F***li***trr*t **i,l'f **{.1.* Stacement Number: RO4OOO5883 Amount: $250.00 05/24/200404:38 PM Palment Method I Check IniE: ils Notation: #1031/MAT'RIEIJIJO PIJA}INING GROUP Permit No: DRB04O199 T)4)e: DRB-Minor A1t, Comm/Multi Parcel tilo : 2L0L07207 0O2 Site Address : L,ocation: 790 V|EST ITIONSHEAD CIRCLE This Palment I $2s0.00 {.* * ** f '1. t******:t * ACCOUNT ITEM LIST: Account Code Descri pti on DR OO1OOOO31122OO DESIGN REVIEW FEES Total Fees: $250.00 Total AI-,L Pmts: $250.00 Balance:$0.00 **** * **!t** * **** * * ** {.,** * l.{':t * * ** * * f '*'* {. *:*'}* * * * l.* {. * * *{' * ** * * * Cur"nent Pmts 250.00 {clIrvrl Mauriello Planning Group May 2l , 2OO4 Georqe Ruther Chtel of Planntnq Town of Varl 75 Sovth frontaqe Road Val, Colorado 6l657 Re: Gore Creek Regtdence - Vewna 3tandE Dear Georqe: I have Evbmftted a Destqn Revrew aVplrcaion lor Gore Creek Regdence Etle. The vtewtnq stands elevaLpn of Lhe man ltvtnq area ol the proposed lhe wew sLands localed on Lhe wrll roughly aVVroxmate lhe tloor un rtg. The glands wll be the Eame Eland vsed at Red Sky Ranch per the allached pcture, however the stands wrll be subslanbally lower (aVpro*mately 3' lrom qrade) and Lhe slars lmtted to thaL necessary for the lower elevahon ol Lhe stand. The stands are conglructed oI wood wtLh larqe hmber Vosls, 2" x 6" redwood dechnq, and 42" htqh handrais. The decks are a??ronrnaLely B' x I' n These slands wrll be rn place for a Velod ol 6 months. Addrhonally, there wrll be a temVorary ate develoVmenL stqn localed on-sfte. fhts aqn wll meet all of the standards requred ior a temporary construchon stqns. A deLaled drawnq ol thts aqn wrll be Eubmrtled under ae?araLe apelrca on. I qreatly aVVrectate yovr asaslance wfth Lhrs aVpltcahon. Sncerely, PSlt -^J-* Domrnrc F. Maurrello, AICP Trncpal PO Box 1127.Avon, CO 8l620.Office: 970-748{920.Fax: 970-748-0377.Cet|: 970-376-3318.mauriello@€omcast.net Apr'*,,1 t:; ll lr. a+ s(A V tat4orr"s lo3 DESIGN REVIE\III I STAFF APPROVAL \,*r' 5-- 2l- o1 \ ,rorr, k)Q - -- ,rra< TOWN OF VAIL PO Box 1'l27.Avon, CO 81620.Oftice: 970-748-0920.Fax: 970-748-0377.Ce||: 970-376-33'l8.mauriello@comcast.net o*m MEMBERS PRESENT David Viele Anne Gunion BillJewitt Chas Bernhardt George Lamb Rollie Kjesbo Site Visits :1. Lionshead Core Site - 675 Lionshead Place2. Gore Creek Place - 730,724,714 West Lionshead Circle3. Eagle River Waler and Sanitation - 646 West Forest Road Driver: George NOTE: lf the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearino - Town Council Chambers 2:00 pm 1. A recommendation to the Vail Town Council of a major amendment lo a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, VailTown Code, to allow lor an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development Dislrict No. 35, Austria Haus, located al 242 East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther MOTION: KJESBO SECOND: VIELE VOTE: s-1 (JEWITT OPPOSED) APPROVEDWTTHCONDTTTONS: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area ol the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity tor the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorder's office within 30 days of approval on second 1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, June 28,2004 PROJECT ORIENTATION - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS ABSENT Doug Cahill reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any luture tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Rulher made a presenlation per the staff memorandum. Mr. Faessler was present and spoke on behalf of the application. He stated that the subject area is currently a bar and is proposed to be a coffee shop, which is a low impacl use. Mr. Jim Lamont, Vail Village Homeowners, spoke on behall of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. statf stated that the proposed use will not impact the adjacent neighbors more than the exisling bar. Commissioner Jewitt opposed the proposal because the developmenl needs to respect the land use rights of the adjacent neighbors. A final review of a condilional use permit, pursuant lo Section 12-98-3, Private Or Public Off- Street Vehicle Parking Struclures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: ElisabethEckel MOTION: KJESBO SECOND: LAMB APPROVED WITH CONDITIONS VOTE: &0 1. That the applicant, vRDc, submits a revised set of building plans to the Building Department of the Town of Vail Community Development Department prior to August 1,2004, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission had commenls. A request lor a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek lloodplain, located at an unplatted parcel (adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road), a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: BillGibson MOTION: JEWITT SECOND: VIELE VOTE:6-0 APPROVED WITH CONDITIONS: 1. The applicant shall submit verification of US Army Corp of Engineers approval of all applicable permits to the Town ol Vail Community Development Department prior to the issuance of building and grading permits. 2. The applicant shallsubmit a stamped lmprovement Location Gertificate and "as- built" topographic survey to the Town of Vail Community Development Depanment lor review and approval, prior to Town of Vail final construclion inspection. 3. The applicant shall comply with all requirements ol all necessary state and federal permits and approvals. Neither the public nor the Commission had comments. 4. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eighl two-family residential structures (Gore Creek Place), localed at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lol 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant; Vail Resorts, represented by Braun Associates, Inc. Planner: WarrenCampbell MOTION: KJESBO SECOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1 . That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the west Day Lot Development site. 2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheet will allow future development to occur without the need for joint propefi owners sign ofl as all future development potentialwill already have been establashed. 3. That the approval ol this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. 5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless otherurise specif ically proh ibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. 7. That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and lrom the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian connections through the project. Staff's recommendalion for the provision ol access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by staff, future conneclions could not be made for olher adjacent sites. The applicant stated that the paths will be provided, but was hesitant to make it public access which would require ADA compliance. An amended condition would be to have a private pedestrian access easement that will never be obstructed or removed. 5. A request for final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION: KJESBO SEGOND: VIELE VOTE:6-0 APPROVED WITH AMENDED CONDITIONS 1. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the tacility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination ol the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required otf-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. The sCC appreval time requirements and limitatiene ef Seetien 12 9A 13 shall €enllnue te appry te erciFan€e Ne. 7i series ef 2003 (sePterber 41 2004), That the Developer shall submit a complete building permit application to the Town of Vail Community Development Department for the construction of the Vail Ptaza Hotel by no later than 5:00 pm, Friday, September 3,2004. The Chiet Building Official shall determine the completeness of the application. The Developer shall diligently pursue the issuance ot a building permit by no later than October 15, 2ilM. Failurc to comply with this condition shall cause this sdd approval to become null and void on September 4, 2(N4, pursuant to the time requirements and limitations ot Section 12-9A-12,Vail Town Code, and Ordinance No.2l, *ries of 2001, or on October 16, 2(NM, depending on whether a building prmit application has been submitted. The phasing ol the construction of the hotel shall not be permitted. That the Developer submits the lollowing plans to the Department of Community Development, lor review and approval, as a part of the building permit application for the hotel: An Erosion Gontrol and Sedimentation Plan; A Construction Staging and Phasing Plan; A Stormwater Management Plan; A Site Dewatering Plan; and A Traffic Control Plan. That the Developer records public pedestrian easements between the hoteland the Phase lll Condominiums, between the hotel and the Phase V Building, and a. b. c. d. e. along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance ol a Temporary Certificate of Occupancy. 6. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfactaon of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval ot the Design Review Board, prior to the issuance ol a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 125o/o of the total cost of the required otf-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certif icate of Occupancy. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase ll, Phase lll and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the assuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No. 6, Vail Village lnn. 11. That the Developer, in cooperation with the Town of Vail Public Works Department, designs and constructs a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 1213/99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to farst reading of an amending ordinance by the VailTown Council. 13. That the Developer submits revised plans to the Town of Vail Community Development Department lor review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7,2004,prior to tirst reading of an amending ordinance by the Vail Town Council. 14. That the Developer provides 75 on-site parking spaces within the area ot Phase IV, Vail Village lnn, and as indicated on the Approved Development PIan, to 5 address the 75 space parking deficit currently existing within Special Development District No.6, Vail Village lnn. Said parking spaces shall be made available to meet the parking demand ot those uses permitted within the Special Development District. The 75 parking spaces shall not be sold, transfefted, traded, or otherwise conveyed for ownership to users located outside of Special Development District No.6, Vail Village Inn. George Ruther made a presenlation per the staff memorandum. Staff addressed PEC commenls from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public Works. The applicant addressed the list of conditions, such as CDOT approval off ol Fronlage Road, and requested a time exlension of an additional 90 days to obtain a building permit. The Commissioner were not in favor of a 90 day extension but instead suggested an amended condition which might afford the applicant slightly more time to obtain a building permit. Commissioner Kjesbo questioned the parking and whether or not lhe spaces will be sold outside of the shareholders in the development. Mr. Losa stated that four spaces have been sold within the SDD. The Commission and the applicant agreed that the ownership of parking spacqs would be restricted to parties involved in the SDD. The Commission and staff proposed several revised conditions of approval. 6. A request for a linal review of a major exterior alleration or modification, pursuant to Section 12- 7H-7 , Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a slructure, located at 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicanl: Vail Corporation Planner: George Ruther MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 VOTE:6-0 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, 1o allow for the redevelopment of the Manor Vai, Lodge, and a request for a conditional use permit to allow for the conslruction of Type lll Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: WarrenCampbell MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 VOTE:6-0 8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess ol 10/" of the total site area, located at 2388 Garmisch Driveilot 9, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: WarrenCampbell MOTION: BERNHARDTSEGOND: LAMB VOTE:6-0 TABLED TO JULY 12,2OO4 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved privale parking lot, located at 923 South Frontage Road West/unplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Developmenl Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SEGOND: LAMB VOTE:6-0 TABLED TO JULY 12,2004 10. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, VailTown Code, lo allow for a public utility and public services use, located at 501 Norlh Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potalo Patch Filing 1, and selting lorth details in regard to. Applicant: Verizon Wireless, represenled by Kelley Harrison, Closser Consulting Planner: Clare Sloan MOTION: BERNHARDT SECOND: LAMB VOTE:5-0 TABLED TO JULY 12,2004 9. Approval of minutes MOTION: VIELE SECOND: LAMB VOTE:5-0 TABLED TO JULY 12,2OO4 10. Information Updale O 11. Adjournment MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 The applications and information about the proposals are available for public inspection during regular otfice hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published, June 25,2004 in the Vail Daily. r- Project Name: Project Description: ProjectAddressr 715 W LIONSHEAD CRVAIL 715 WEST LIONSHEAD CIRCLE Legal Description: Lot: A-D Block: Subdivision: MORCUS SUBDIVISION Parcel Number: 210107207001 2t0t07207003 Comments: SEE CONDmONS ACTION FORM Department of Oommunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www,ci.vail.co,us PEC Number: PEC040036 PEC Type: GORE CREEK RES. REVISIONS AMENDMENTTO CUP & EXT. ALT. TO CONSTRUCT 16 RESIDEI,ITIAL UNITS Participants: OWNER VAIL CORP 05/08/2004 Phone: PO BOX 7 VAIL co 81558 License: APPLICANT BraunAssociates,Inc. 0610812004 Phone:970-926-7575 P.O, Box 2658 Edwards, CO 81632 License: C000001546 OWNER VAMHC INC PO BOX 7 VAIL, CO 81558 Phone: Planning and Environmental Commission LocaUon: BOARD/STAFF ACTION Motion By: ROLLIE KJESBO Action: APPROVED Second By: BILL JEWffT Vote: 6-0-0 DateofApprovah 0612812004 Meeting Datr; 0612812004 Conditions: Cond:8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0006808 That the Developer shall not sell, rent, lease, or otherwise transfer any of the sDdeen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. Cond: CON0006809 That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identifu all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheet will allow future development to occur without the need for joint property owners sign off as all future development potential will already have been established. Cond: CON0006810 That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval, Cond: CON0006811 That bed and breaKast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site, Cond; CON0006812 That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless otherwise specifically prohibited. Cond: CON0006813 The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Crrtificate of Occupancy inspection. Cond: CON0005814 That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Planner: Warren Campbell PEC Fee Paid: $650.00 Application for Review by the Planning and Environmental Commission I0l'[Ar Department of Community Developmenl 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 Iax 970.479.2452 web: www.vailqov.com General lnformation: Ail projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department, The prolecl may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: RECEIl/EO jufi tJ I ?iili4 @ $650 $800 physicarAddress: 1tS D. LrtasL^) C*-0 llOtOl eOl@l'ti7- (conract Eagte co. Assessor at 970-328-8640 for parcel no.) c F.t itl.r - 1 Rezoning $1300 Major Subdivision $1500 Minor Subdivision $650 Exemption Plat $650 Minor Amendment to an SDD $1000 New Special Development District $6000 Major Amendment to an SDD $6000 Major Amendment to an SDD $1250 (no exte rior mod ifi cations) Description of the Request: c.r'.f lcorl I Parcel No.: Conditional Use Permit Floodplain Modification Minor Exterior Alteration Major Exterior Alteralion Development Plan Amendmenl to a Developrnent Plan Zoning Code Amendment Variance Sign Variance \-o $500 $200 Zoning: Name(s) of Owner(s): Mailing Address: Owner(s) Signatu Name of Applicant Mailing Address: E-mail Address: tUs Phone: q-1L, Fbo I ':stusl Phon e: Fax For Off ice Use Onlv;/ '-4' -'Fee Paid: U)" Check No.:. Meerind Date: Z. to .o't Pfanner: Vr C-' 126 I'agc I of 5-0410)/04 * * ** * * {r * **!r* * 'l:* 'i'tt * * *'t * * * * * * * * * * * ** * 'f *****:***'t,t*r.rri*'t{.'r't * *:1.r.** * * * * * * * {r * * 'i ** * 'l * ** {( 't {. ** * '* {. *!t 'lt * TOWNOFVAIL. COLORADO Statement *******l**r!*l:*{.**{"t**i*'i*t*******t***t*i.'i***{.'tr{.******:t *** *'i,}********{.'r:**+:f *'}*******1.'1.:***:l {.*'} Statement Nruriber: R0400059?3 AmounE: $650.00 06/08/2oo4o8:05 All Payment Metbod: Check Init: iIS Notation: #3?58/BRAttN & ASSOCIATES Permit No: PEC040036 !4re: PEC - Conditional Use Parcel No: 2LOLO72O7OOL 2LO707207003 Site Address: 715 w LIONSHEAD CR VAIL, I,ocation: 715 WEST LIONSHEJAD CIRCIJE This Palment: $650.00 *'t **t 't**'t***'tr** ACCOUNTITEM LIST: Account Code Total Fees: $550.00 Total ALL PmtE: $550.00 Balance:$o. oo * 'ir. * **** * * * rt:f * * ** *'l ** *r. ** 'lt * ** * {. * ** ****+***:}** * * * ** ****i.'l* ** Current ffisDescri pti on PV OO1OOOO31125OO PEC APPLICATION FEES 650.00 l. ) Chicago Title Insurance Companl' ALTA COMM]TMENT Schedule A Property Address: MARRIOTT MOUNTA]N RESORT AND SPA OurOrderNo. VC273511 Cwt. Ref.: Effective Date: August 15, 2001 at 5:00 P.M. Policy to be Lssued, and Proposed Insured: lnformation Binder Proposed lnsured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HMC ACQUISITION PROPERTIES, INC., A DELAWARE CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC2735ll TEGAL DESCRlPTION PARCEL I: CONDOMINIUM LODGE UNIT, THE MARK/LODGE IN ACCORDANCE WITH THE AMENDED DECLARATION OF CONDON{iNIUM FOR THE MARK/LODGE RECORDED OCTOBER I'1 , 1978IN BOOK 276 AT PAGE 606 AND MARCH 22, 1979IN BOOK 283 AT PAGE 344 AND THE CONDOMINIUM MAP FOR THE MARK/LODGE RECORDED MARCH 2'7, 1974IN BOOK 233 AT PAGE 930 AND THE AMENDED PLAT OF THE SITE PLAN FOR THE N{ARK/LODGE RECORDED OCTOBER 17, 1978 IN BOOK 276 AT PAGE 607, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: A PART OF LOT 4, BLOCK I, VAIL/LIONSHEAD, THIRD FILING AND PART OF LOTS C AND D, MORCUS SUBDIVJS]ON, TOWN OF VAIL, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT C; THENCE ALONG THE LINE COMMON TO SAID LOT C AND LOTS A AND B, MORCUS SUBDIVISION, SOUTH 16 DEGREES 17 MINUTES 2I SECONDS EAST A DISTANCE OF 399.60 FEET; THENCE NORTH 73 DEGREES 42 MINUTES 37 SECONDS EAST A DISTANCE OF 26.69 FEET; THENCE NORTH 16 DEGREES 17 MINUTES 00 SECONDS WEST A DISTANCE OF 3.15 FEET; THENCE NORTH 66 DEGREES 24 MINUTES 00 SECONDS EAST A DISTANCE OF 210.00 FEET; THENCE NORTH 22 DEGREES 38 MINUTES 4l SECONDS WEST A DISTANCE OF 140.10 FEET; THENCE NORTH 74 DEGREES 2l MINUTES 19 SECONDS EAST A DISTANCE OF 135.68 FEET: THENCE NORTH 06 DEGREES 34 MINUTES 15 SECONDS WEST A DISTANCE OF 160.00 FEET; THENCE SOUTH 83 DEGREES 25 MINUTES 45 SECONDS WEST A DISTANCE OF 260.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST LIONSHEAD CIRCLE; THENCE ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 129.67 FEET ALONG THE ARC OF A 392.00 FOOT RADIUS CURVE TO THE LEFT AND WHOSE CENTRAL ANGLE IS 18 DEGREES 57 MINUTES IO SECONDS AND WHOSE LONG CHORD BEARS SOUTH 87 DEGREES 18 MINUTES 35 SECONDS WEST A DISTANCE OF 129.08 FEET TO THE TRUE POINT OF BECINNING. PARCEL 3: CONDOMINIUM UNIT NOS. A THROUGH L, INCLUSIVE, AND THE LODGE UNIT THE MARK RESORT AND TENNIS CLUB (A CONDOMINIUM) IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION RECORDED MARCH 14, I98O IN BOOK 3OO AT PAGE 183, AND THE CONDOMINIUM MAP RECORDED MARCH 14, I98O IN BOOK 3OO AT PACE 184, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMM ]TM ENT ScheduleB-Sectionl (Requirements) Our Order No. VC2735l I The following are the requirements to be complied with: Iteru (a) Payment to or for the aocount of the grantors or mortgagors of tlre full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wrt: Item (c) Payment of all taxes, charges or assessments levied and assessetl against the subject premises which are due and payable. Iten (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WLL BE ISSUED PTIRSUANT HERETO. ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. VC273511 The poticy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by dre public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct suwey and inspection of the prenrises would Cisclose and which are not shown by dre public records. 4. Any lien, or right to a lien, for services, labor or rnaterial theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, lieru, encumbrances, a<lverse claims or other matters, ifany, created, first appearing in tle public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof- 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24. 1904. IN BOOK 48 AT PAGE 503 AND SEPTEMBER4. 1923 IN BOOK 93 AT PAGE 98 IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24. 1904, IN BOOK 48 AT PAGE 503 AND SEPTEMBER 4. 1923 IN BOOK 93 AT PAGE 98 I1. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) 1S EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER I5, I97I, IN BOOK 221 AT PAGE 991 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12. I9'I7.IN BOOK 258 AT PAGE 453. 12. UTILITY EASEMENT 5 FEET IN WIDTH ALONG THE SOUTH LOT LINE OF LOT 4 AND LOT 5. BLOCK I. IO FEET IN WIDTH ALONG THE EAST LOT LINE OF LOT 4, BLOCK 1 AND A PORTION OF THE SOUTHERLY MOST CORNER OF LOT 7. BLOCK 1 AS SHOWN ON THE ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. yc2735ll The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: RECORDED PLAT OF VAIL/LIONSHEAD. THIRD FILING. 13. PEDESTRiAN EASEMENT 15 FEET IN WIDTH ALONG THE SOUTH LOT LINE OF LOT 7, BLOCK I VAIL/LIONSHEAD. THIRD FIL]NG AS SHOWN ON THE RECORDED PLAT. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 19. 1978. IN BOOK 269 AT PAGE 202 AND AUGUST 30, 1982 IN BOOK 344 AT PAGE 922 AFFECTS LOT 7, BLOCK 1 VAIL/LIONSHEAD, THIRD FILING AND LOT C MORCUS SUBDIVISION 15. UTILITY EASEMENT AS GRANTED TO CABLEVISION ASSOCIATES VI, D/B/A HERITAGE CABLEV]SION INC. IN INSTRUMENT RECORDED MAY 20. 1983. IN BOOK 360 AT PAGE Aa 16. EASEMENTS, RESERVAT]ONS, AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAILiLIONSHEAD FIFTH FILING. 17. UTILITY EASEMENT AFFECTING THE SOUTHWESTERLY PORTION OF LOT D, MORCUS SUBDIVISION, AS SHOWN OR RESERVED ON THE PLAT OF MORCUS SUBDIVISION. 18. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT BY AND BETWEEN THE MARK-LODGE CONDOMINIUM ASSOCIATION INC., A NOT-FOR-PROFIT COLORADO COPORATION AND M-K CORPORATION, A COLORADO CORPORATION RECORDED OCTOBER r7, 1978 rN BOOK 276 AT PAGE 608. AFFECTS PARCELS I AND 3 19. TERMS, CONDITIONS AND PROV]S]ONS CONTAINED ]N AGREEMENT BY AND BETWEEN M-K CORPORATION, A COLORADO CORPORATION AND THE MARK.LODGE CONDOMINIUM ASSOCIATION INC. RECORDED OCTOBER 1'/. 1978IN BOOK 276 AT PACE 609. AFFECTS PARCELS I AND 3 ALTA COMN,TITMENT ScheduleB-Secdon2 (Exceptions) Our Order No. VC2735I1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 20. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE MARK RESORT,AND TENNIS CLUB ASSOC]AT]ON. INC.. A COLORADO NOT FOR PROFIT CORPORATION AND M-K CORPORATION. A COLORADO CORPORATION RECORDED JULY 27.1982 IN BOOK 343 AT PAGE 463. AFFECTS PARCELS 2 AND 3 21. TERMS, CONDIT]ONS AND PROVISIONS OF AGREEMENT BY AND BETWEEN THE M-K CORPORATION, A COLORADO CORPORATION AND THE MARK RESORT AND TENNI CLUB ASSOCIATION, INC., A COLORADO CORPORATION RECORDED TULY 27, 1982 IN BOOK 343 N PAGE 464. AFFECTS PARCELS 2 AND 3 22. THOSE PROVISIONS, COVENANTS AND COND]T]ONS, EASEMENTS, AND RESTRICTIONS, CONTAINED IN AMENDED DECLARATION OF CONDOMINIUM FOR THE MARK/LODGE RECORDED OCTOBER I7. 1978,IN BOOK 276 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 22. 1979.IN BOOK 283 AT PAGE 344. UPON RECEIPT OF A WAIVER OF THE RIGHT OF FIRST REFUSAL CONTAINED IN SAID DECLARATION THE FOLLOWING NOTE WILL BE ADDED TO THE POLICY TO BE ISSUED HEREIN: "THE TERMS, CONDITIONS AND PROVISIONS OF THE RIGHT OF FIRST REFUS$ PROVISION HAS BEEN CONPLIED W]TH.' 23. EXISTING LEASES AND TENANCIES. 24, EASEMENTS, RESERVATIONS AND RESTR]CTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF THE MARK RESORT AND TENNIS CLUB CONDOMINIUMS RECORDED MARCH I4, I98O IN BOOK 3OO AT PAGE 184. 25. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP FOR THE MARK LODGE RECORDED MARCH 27, 1974IN BOOK 233 AT PACE 930 AND AMENDED PLAT RECORDED OCTOBER I'1 .1978IN BOOK 276 AT PAGE 60't. ALTA C OM M ITM ENT ScheduleB-Section2 (Exceptions) Our Order No. Vcn3sll The policy or policies to be issued will contain exoeptions to tbe following unless the same are disposd of to the satisfaction of the Company: 26, ENCROACHMENT OF CONCRETE AND POOL ONTO UTILITY EASEMENT AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED JUNE 19. 1992BY INTER-MOUNTAIN ENGINEERING LTD., PROJECT NO. 92255 S. 27. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF MANAGEMENT AGREEMENT RECORDED MAY 18. 1999 AT RECEPTION NO. 696363. o o o Chicago Tille lnsurance Company ALTA COMMITMENT Schedule A Our Order No. VC273511.1-2 Cust. Ref.: Property Address: WEST DAY LOT l. Effective Date: September 13, 2001 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured; "ALTA" Owner's Policy l0-17-92 Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land descr ibed or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE VAIL CORPOMTION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: TRACTS A AND B, MORCUS SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLOMDO. o ALTA COMMITMENT ScheduleB-Sectionl (Requiremants) Our Order No. VC2735ll'l-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the fuil consideration for lhe estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or inlerest to be insured must be executed and duly filed for record, to-wit: Item (c) Paymenl of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO. o o ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. VC27351L.1'2 The poliry or policies to be issued will contain exceptions to the following unless the same are disposed ofto the satisfaction ofthe Company: l. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easemenls, nol shown by the public records. 3. Discrepancies, conflicts in boundary lines, shorlage in area, encroachnents, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encurnbrances, adverse claims or other matlers, if any, created, ffrst appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commilment. 6. Taxes or special assessments which are not shown as exisling liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject lo the mortgage, if any, noted in Section I of Schedule B hereof. 9, RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503, SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. I I. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX. HANDICAP. FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATD AC,AINST HANDICAP PERSONS. AS CONTAINED IN INSTRUMENT RECORDED OCTOBER I5. I97I. IN BOOK 22I AT PAGE 99I AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12. 1977 IN BOOK 258 AT PAGE 453. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ONo o ALTA COMIvIITMENT ScheduleB-Section2 (Exceptions) Our Order No. VCZ735ll 'l-Z The policy or policies to be issued will contain exceptions to the following unless the same are disposed ofto the satisfaction ofthe Company: THE RECORDED PLAT OF VAIL/LIONSHEAD, THIRD FILING. I3. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF MORCUS SUBDIVISION. o o LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS l0-11-122, notice is hereby given that: A) The subject real property may be iocated in a special taxing district. B) A Celtificate of Taxes Due listing each taxing jurisdiction uray be obtained from the Counly Treasurer's authorized agent. C) The infornration regarding special districts and the boundaries of such districts may be obtained from the Board of Counly Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September l, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall conlain a lop margin of at least one inch and a left, right and bottom margin of at leasl one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except thal, the requirement for the lop margin shall not apply to documents using fonns on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-I, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documenls resulting from lhe transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the Iegal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affir'mative mechanic's lien prolection for the Owner may be available (typlcalty by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this comrnilment musl be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have tleen furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the pasl 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and malerial-men's liens. D) The Company must receive paynent of the appropriate premium. E) If there has been construction, improvemenls or major repairs undertaken on the proper$ to be purchased u.ithin six months prior lo the Date of the Commilment, the requirements to obtain coverage for unrecorded liens will include: disclosure of ceriail conshuclion information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an exarnina(ion of the aforesaid information by the Cornpany. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS l0-ll-123, notice is hereby given: A) That lhere is recorded evidence that a lnineral estate has been severed, leased, or otherwise conveyed fronr the surface estate and that there is a substantial likelihood that a lhird par$ holds some or all interest in oil, gas, other minerals. or geolherntal energy in lhe properly; and B) That such Dineral eslatc may include the right to enter and use the ploper$l without the surfacc owncr's perrnission. This notice applies 1o owner's policy commitments containing a mineral severance inslrument exceplion, or exceptions, in Schedule B, Scction 2. Nolhing hclein contained will be deencd to obligale the conrpany to provide any of thc covcragcs lefcrred to herein unless the above conditions ale fullv sadsfied. Form DISCOSLJRE 9/02/ verf 4.O o JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title lnsurance Company and Land Title Guarantee Company July 1,200. We recosnize and resDect fhe orivacv exDeclalions of todav's consumers and the requircments of applicable fe*deral and state Dri;acv laws. Wb believe'thar drakihe vou aware of hbw we use your non-public personal inlormation ("Personal Information*'). and lo whom it is discloscif, ivill folnr the basis for a rilationship of lrust between-us and the public that we scrve. This Privacy Stalement provides that cxplanation. We reserve the right to change this Privacy Statemenl from time 10 time consistent wilh applicable privacy laws. In the course ofour business, we may collect Personal Information about you from the foliowing sources: * From aonlications or other forms we reccive from vou or vour authorized representalive:. From ybirr transactions with. or from lhe services 6eing p6rfonned by, us, our affiiiales, or others:' Frorn "our internet web sites;- From tlre pubtii records miintained by qovernmental entilies that we either oblain directly from those entities- oi from our affiliates or odreisiand* From consunrer or other reporling agencies. Our Policies Regarding the Protection ofthe Confidentiality and Security of Your Personal Information We lnain(ain ohvsical. electronic and Drocedural safesuards to protect your Personal lnformation from unauthori"ed access or intriision. We limit access td the Personal li'formatioi onlv 16 those emploYees who need such access in connection with providing products or services to you or for other t6gitimate businesi purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share Vour Personal Information with our affiliates, such as insura-nce companies, agenls, and other real estate s"ettlemedt service providers. We also may disclose your Personal lnformatioti: " 10 apents. brokers or reDresentalives to Drovide vou with services vou have requested;* to lffird-party conrracrors or service proiriders wlo provide servicds or perfonn marketing or other funclionb od our behalf: and+ to others with whom we enler into joint marketing agreements for products or services thal we believe you may find of interest. In addition. we will disclose vour Personal Information when vou direct or qive us permission, when we are required bv law to do so, or when we-suspect fraudulent or criminal aciivities. We also may'disclose your Personal lnformation when otherwise Derfiritted bv apolicable privacy laws such as, lor example, when dlsclosure ls neeoeo ro enforce our rights arising but of any agrdeinent. transaction or relationship wilh ybu. One of the important responsibilities of some of our affiliated companies is lo record documenls in the public domain. Such'docuntenti mav connir your Personal Information. - Right to Access Your per.*"t Inforrnation and Ability to Correct Errors Or Request Changes Or Deletion Celrain states afford vou the risht 10 access vour Personal Information and, under certain circumstances. to find out to whom vour Persoial InformEtion has beei disclosed. Also, certain states afford you (he righl to requeqt correcliod, amendment or deletion of your Personal Information. We reserve the right, where permitted by law. to charge a reasonable fee to cover lhe costs incurred in respondilg to such requests. All requests submitted to the Fidelity Na-tional Financ_ial Group of Companies/Chicago Title Insurance Company shall b'e in writing, and delivered to'the following address: Privacy Compliance Officer Fidelilv National Financial, Inc. g::i. gl}f; *':ti"d'f, ? 3o Multiple Products or Services If we provide you with 4torc tharr one financial producl or selvice, you may receive more than one privacy nolice fronr ris. We apologizc for any incouvenicncc th'is nray cause you. Form PRJV. POL . CliI I gNYnR.AUIN ASSOCilAIrES, lNC. PLANNING and COMI'4UNlTY DEVELOPMENT June 1.2004 Mr. Wanen Campbell, Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Gore Creek Place Dear Warren, As you know, VRDC has proposed a reduction in the number of buildings and units for the Gore Creek Place project. Attached is submittal information necessary to present this proposed amendment to the Planning and Environmental Commission. Information provided includes the following: l. Application form (to amend both the Exterior Alteration and the Conditional Use Permit) and filing fee ($250 for amended development plan), 2. Written summary of the proposed amendments 3. Proposed site/landscape plans 4. Composite building elevation 5. Tunnel-level plan. As you know, a final DRB submittal for Gore Creek Place will be submitted this week. This DRB application will include detailed information for this project. In order to avoid submitting duplicate information, it is assumed that detailed information pertaining to floor plans, building elevations, etc. can be found by referencing the final DRB set. Submittal material listed above is intended to provide information necessary for a PEC- level review to evaluate the proposed reduction in buildings and units. Please do not hesitate to contact me with any questions you may have or if you need any additional information. Sincerely, Cc: Jack Hunn Todd Gouldine Jay Peterson Ned Gwathmey Edwards VillageRghefbliiJEgwld Ph. - s7on6ls1s O 105 EdwardsVillage Boulevard Fax - 970.926.7 57 6 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 8 | 632 t, Marriott/lVDl- May'04 Adjacent Properties Owners List TOWN OFVAIL FINANCE DEPARTMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 t L EAGLE RIVER WATER AND SANITATION DISTRICT 846 FORESTROAD VAIL, CO 81657 t VAIL CORP PO BOX 7 VAIL, CO 81657 Van cro C/O CRAIGHOLZFASTER PO BOX 189 vArL, co 81658 t ENZIAN CONDOMINIUM ASSOCIATION C/OGEOFFWRIGHT 610 W LIONSHEAD CIR VAIL, CO 81657 L LION SQUARE CONDO ASSOC 660 W LIONS HEAD PL VAIL, CO 81657 LION SQUARENORTH CONDO ASSOC 660 W LIONS HEAD PL VAIL, CO 81657 I MONTANEROS CONDOMINIUM ASSOCIATION C/O SLEVIN, JAMES M. & DAPHNE S. 1985 STINBURST DR VAIL, CO 816s7 t MONTANEROS CONDOMINIUM ASSOCIATION 984 W LIONSHEAD CIR VAIL, CO 81657 t ANTLERS CONDOMINruM ASSOC 680 W LIONSHEAD PL VAIL, CO 81657 VeIr spe coNDoMrNruM ASSoc 710 W LIONSHEAD CIR VAIL, CO 81657 I THEA J. RUMFORD LTVING TRUST - RT]MFORD, HEATHER A. & FREDERICK C. 675 FOREST RD VAIL, CO 81657 iensoxs FAMTLY LLc PO BOX 497 EDWARDS, CO81632-0497 t ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE. CO 80124 t MILLERS LIONSHEAD LLC 12770 MERIT DR STE 4OO DALLAS, TX7525I t TEXAS TELEVISION INC POBOX 16290 HOUSTON, TX77222 t CADOL. ROGERV. & SALLYM..JT 9850 E PROGRESS CIR GREENWOOD VILLAGE, CO 8OI 1 I t COLMARLLC 25I FOWLERRD FAR HILLS, NJ 0793I rt MAHER, JERARD F. & JOAN S. -JT 25I FOWLERRD FAR HILLS, NJ 07931 t ENGLEMAN. JOHN S. & STEPHEN B. . HATHORN MARY M. C/O MARY M HATHORN 54l ELYRD ELY, vT 05045 t BRAT]N ASSOCIATES, INC, P.O. BOX 2658 EDWARDS, CO 81632 t THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for,a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WesVunplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-gA-1O, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at242East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses, Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marrlott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: WarrenCampbell A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Greek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: ElisabethEckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utili$ and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain loc3ted at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, (a complete meies and bounds legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection duling reg_ular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing.in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional BArr ilf G% A,r'^,,,nn Goo J,"J r ,& o e tFn H:r' W T er"n i;, G5 3 53 a u,cat iii 651 51 s,A lli 171 la I 3,,** 1', lt? lreLlu"f ili nbi a8 L\',N'I iii $Db ,ob s e^"+ "i' 65q 5,[ g,,,tK lii cin #? G,,t IIi Vsl ts7 b,rn :i lllg 513 1t^r+ ,:l A1l 1lj,** r'. 1n lfl 1 J lwc+T S. lt I ll I I r^'* l"i 65'l t1 $g'i"", tp% + ??^ ,^a?A I iii i,i r'iiltr . t,. i li i:'ir' trli;. 1,,ttilll rlll i-It -rii-lii t"lrlliil:li.i I I e L-nT B, 1661 6 ,h llSo llL,llro 1lt -Atg- 9r*f- f- Project Name: Prcject Description: Location: WEST DAY LOT Legal Decription: Lot: A-D Block Subdivision: MORCUS SUBDIVISION Parcel Number: 210107207001 Comments: See Conditions BOARD/STAFF ACTION Motion By: ROLLIE KJESBO Action: APPROVED Second By: BILL JEWITT Vote: 6-0{ Dateof Approvalz 0612812004 Meeting Date: 06/28/2004 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0006801 That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. Cond: CON0006802 That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identifo all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submifting for building permits. The completion of the spreadsheet will allow future development to occur without the need for joint property owners sign off as all future development potential will already have been established' Planning and Environmental Commission ACTION FORM Deparhnent of Community Development 75 South Frontage Road, Vail, Colorado 81557 tel: 970.479.2139 faxi 970.479.2452 web: www.ci.vail.co.us PEC Number: PEC030071 PEC Type: GORE CREEK RESIDENCES A CONDMONAL USE PERMIT IN CON]UNCTION WNH A MAJOR SITE EXTERIOR ALTEMTION FOR A NEW RESIDET.ITIAL DEVELOPMENT. Pafticipants: OWNER HMC ACQUISmON PROPERTIES 110/022003 Phone: CiO MARRIOTT INTERNATIONAL ONE MARRIOTT DR DEPT 938,01 WASHINGTON DC 20058 License: APPUCANT VAIL CORP 10/0712003 Phone: P.O. BOX 7 VAIL, CO 81657 License: O ProjectAddrcss: 715 W uONSHEAD CR VAIL Cond: CON0006803 That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. Cond: CON0006804 That bed and breaKast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. Cond: CON0006805 That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless otherwise specifically prohibited. Cond: CON0006806 The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Ceftificate of Occupancy or a Certificate of Occupancy inspection, @nd: CON0006807 That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easemen6 shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Planner: Warren Campbell PEC Fee Paid: $650.00 o /1;\ow) TOI{IN OTVAILV E Rezoning $1300n Major Subdivision $1500tr Minor Subdivision $650n Exemption Plat $650n Minor Amendment to an SDD $1000D New Special Development District $6000tr Major Amendment to an SDD $6000tr Major Amendment to an sDD $1250 (no exterior modifications) Application for Review bY the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 97 0.479.2139 f ax: 970.479'2452 web: www'ci'vail.co'us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Flease refer to the submittal requirements for the particular approval that is requested. nn application foi Planning and Environmental Commission review cannot be accepted until all required information is reieived by the Community Development Department, The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: /Conaiuonat Use Permit Description of the Request: (West Day Lot/Mariott Site) A maior exterior alteration for a new and for meeting roomsl a text amendment to allow single-family and two-family uses bY conditional use in the LMU-1 District; and a conditional use Dermit for sinole-familv residences. Location ofthe Proposat: Lot: Tracts A-D Block:- Subdivision: Morcus Sub' (see survey attached) Physical Address: 715 W. Lionshead Circle Parcel No,: 210107207001-3.9 ( Eagle Co, Assessor at 970-328-8640 for parcel no') Zoning: Lionshead Mixed Use 1 Name(s) of Owner(s): Vail Corp. and VAMHC INC Mailing Address: PO Box 7. Vail, Co 81658 Owner(s) Sagnature(s)l Name of Applicant: tr FloodplainModification E, Minor Exterior Alteration d Major Exterior Alteration tr Development Plan E, Amendment to a Development Plan il Zoning Code Amendment D Variance O Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 Mailing Address: i::8tr:tftwcn* No., I 12?5J ev' RECEIVEB Phone: ***** *t++*+*** * * * * * + * * * * * * {.,t * *.1. *,} * * * {. * * * * * * * * * * *:t * * * * * * * * * * * * * * * *.} * * * * * * * ***lr **+*1.:}t+ ****{.** TOWN OF VAIL, COLORADOCopy Repdntd on 10-07-2003 at 08:41:01 10/0712003 Statement ****** ****** * * * * * * * * * * * * * * * * * {.:1. * * * ** * * * * * * * * * ** * * *+ * 'l' '} * * * *,t,i * * * * '* * * * * * * ***1.**** '1"}*** 'l' * ***+{' * Statement Number: R030004855 Amount: $550.00 L0/07/2OO3O8:40 AM Payment Method: Check Init: DF Notation: #II2952 Permit No: PEC030071 Type: PEC - Conditional Use Parcel No: 2LOLO72O70OL Site Address: 715 W IJfONSHEAD CR VAII L,ocat.ion : WEST DAY LOT Totsa1 Fees: $550.00 This Payment: $550.00 Total ALL Pmts: $650.00 Balance: $0.00 ** * * **+ t * ++** '|!**** ** * * *** * * * ** * * * *+* * * * ** * * * *** + + +**i 't * * *+f, * * * ** * * * *+****+***********'l* ++ * *{. ACCOUNT ITEM LIST: Account Code Descniption Cunnent Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 650 .00 r- Prcject Name: Gore Creek Residences Project Description: Planning and Environmental Commission ACTION FORM Departrnent of Community Development 75 South Frontage Road, Vail, Oolorado 81657 tel: 970.479.2L39 fax: 970.479.2452 web: www.ci.vail.co. us PEC Number: PEC030072 A ZONING CODE AMENDMENT IN CONJUNCION WITH A MA]OR SITE EXTERIOR ALTEMTION FOR A NEW RESIDEI'ITIAL DEVELOPMENT. Participants: OWNER HMC ACQUISilON PROPERTIES 110/0712003 Phone: C/O MARRIOTT INTERNATIONAL ONE MARRIOTT DR DEPT 938.01 WASHINGTON DC 20058 License: APPLICANT VAIL CORP 10/0712003 Phone: P.O. BOX 7 VAIL CO B1657 License: O Project Address: 715 W UONSHEAD CR VAIL Legal Description: Lot: A-D Block Subdivision: MORCUS SUBDIVISION Paroel Number: 210107207001 Comments: See Conditions Location: WEST DAY LOT BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Bill Jewitt Vote; 6-0-0 Date of ApprovaL 0612812Q04 Condations: Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review commlttee(s). Cond: CON0006794 That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (15) additional parking spaces located within the below grade parking structure, The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. Cond: CON0006795 That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identifu all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheet will allow future development to occur without the need for joint property owners sign off as all future development potential will already have been established. Cond: CON0006796 That the approval ofthis conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval, Cond: CON0006797 That bed and breaKast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. Cond: CON0006798 That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Deuelopment Site. Accessory uses shall be permitted useless otherwise specifically prohibited. Cond: CON0006799 The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. @nd: CON0005800 That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Planner: Warren Camobell PEC Fee Paid: $1,300.00 Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 97 0.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Depaftment. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: E/ conditional Use PermitE Rezoning $1300! Major Subdivision $1500! Minor Subdivision $650tr Exemption Plat $650! Minor Amendment to an SDD $1000! New Special Development District $6000I Major Amendment to an SDD $6000! MajorAmendmenttoanSDD $1250 (n o exterior m odi fi ca ti o n s) ! FloodplainModification E/. Minor Exterior AlterationM Maior Exterior AlterationD Develooment Plan !,, Amendment to a Development Plan d Zoning Code Amendment ! Variance! Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 Description of the Request: (West Dav Lot/Marriott Site) A major exterior alteration for a new hotel and residential facility: conditional use permits for lodges and dwelling units on the ground floor. and for meeting rooms; a text amendment to allow sinqle-family and hvo-familv uses by conditional use in the LMU-1 District; and a conditional use permit for sinqle-familv residences. Location ofthe Proposah Lot: Tracts A-D Block:_ Subdivision: Morcus Sub. (see survev attached) Physical Address: 715 W. Lionshead Circle Parcel No.: 210107207001-3.9 ( Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Lionshead Mixed Use 1 Name(s) of Owner(s): Vail Corp. and VAMHC INC Mailing Address: PO Box 7. Vail. CO 81658 Owner(s) Signature(s):,/) Name of Applicant: Mailing Address: For Office Use Only: Feepaid: t3oo *recrrrro.: llJ?51 ,u, d;l fl*rZf ' RECE|VE n Application Oate: 1-1-O 3 PEC No.: r),r,<L.. .- , l-. n .llJt = 7 1UrJ3 O PROPERTYDESCRIPTION: WEST DAY LOT: LOTS A AND B MORCUS SUBDIVISION. AS RECORDED MAY IITII,1977 AT RECEPTION NO. l 51373 MARIOTT MOUNTAIN RESORTAND SPA: THE AMENDED PLAT OF THE SITE PLAN FOR THE MARK LODGE, AS RECORDED OCTOBER l7rH, rg78 AT BooK 276 PAGE 607. THE CONDOMINruM MAP FORTHE MARK RESORT AND TENNIS CLUB, AS RECORDED MAY l4rH, 1980 AT BooK 3oo PAGE 184. PARCEL 2 (A PART OF THE MARRIOTT MOUNTAIN RESORT AND SPA) LOT D AND A PORTION OF LOT C MORCUS SUBDIVISON AS RECORDED MAY I ITH, 1977 AT RECEPTION No. 151373 AND A PORTION OF LOT 4 VAIL/LIONSHEAD THIRD FILING AS RECORDED OCTOBER 15'.H, 197I AT RECEPTION No. 117682, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT C MORCUS SUBDIVISION TTIENCE ALONG THE WESTERLY LOT LINES OF SAID LOTS C AND D SOUTH 15"47'02" EAST A DISTANCE OF 399.00 FEET TO THE SOUTHERLY LINE OF SAID LOT D; THENCE ALOND SAID SOUTHERLY LINE, THE FOLLOWING 3 COURSES; I. NORTH 74"12'56" EAST A DISTANCE OF 26.69 FEET 2. NORTH 15"46'5I" WEST A DISTANCE OF 3.15 FEET 3. NORTH 66"54'19" EAST A DISTANCE OF 2IO.OO FEET THENCE ALONG THE WESTERLY LINE OF THE MARK RTSORT AND TENNIS CLUB AS RECORDED MAY I4TH, I98O AT BOOK 3OO PAGE 184 THE FOLLOWINC 4 COURSES; 1. NORTH 22"08'37" WEST A DISTANCE OF I4O.1O FEET 2. NORTH 74"51'38" EAST A DISTANCE OF I35.68 FEET 3. NORTH 06'03'56" WEST A DISTANCE OF I60.00 FEET 4. SOUTH 83'56'04" WEST A DISTANCE OF 260.43 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WEST LIONSHEAD CIRCLE; THENCE 129.6'1 FEET ALONG SAID RIGHT-OF-WAY FOLLOWING AN ARC OF A CURVE TO THE zuGHT HAVING A CENTRAL ANGLE OF I8'57'10", A RADIUS OF 392,00 FEET, A CHORD WHICH BEARS SOUTH 86"48'16'' WEST A DISTANCE OF 129.08' TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.42 ACRES MORE OR LESS. *+ '! '1. * +:1. * * * * * '| * * * * * * * * * * * + ** **** ***++++ **,tr:t:t :t 'i*t + ****+:i *****,t * * * ** * * * ** * * * * ri 'N. * * ++ {. t +++***f *** TOWN OF VAIL, COLORADO Statement ** ** *+ + * ** * * *** * * t! +****** * * **** * * ** * * * *+* ** * ** * ** * ** *** * ** *** *+**:f 'i +* * *:t ** * * * ** ** * ** * * * +* * * 'i Statement Nunber: R030004857 Anount: $1,300.0O LO/07/200308:42 AIvl Palment Method: Check IniE: DF Notation: #112951 Permit No: PEC030072 Type: PEc-zoning Code Amendmen Parcel No: 2LOIO72O7OOl Sit,e Address: 715 W LIONSHAAD CR VAIL LocaLion: WEST DAY I,OT TotsaI Fees: $1,300.00 This Payment: $1I3OO.OO Total ALL Pmts: $1,300.00 Balance: $0.00 *+** * ++ ** ** * * * ** * * **** * * +** *** * * * * ++ * * * **** * * *+** * * ++ * * * * *+****** * 'a. 'i *+ *:1. * *+ {. * * +* * t * *+ {. * 'l **1. * ACCOI.J]{T ITEM LIST: Account Code Description Cunrent Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 1,300.00 r- Prcject Name: Gore Creek Residences Project Description: A MAJOR SITE EXTERIOR ALTEMTION FOR A NEW RESIDENTIAL DEVELOPMENT, Pafticipants: OWNER HMC ACQUISffiON PROPERTIES 110/022003 Phone: C/O MARRIOTT INTERNATIONAL ONE MARRIOTT DR DEPT 938.01 WASHINGTON DC 20058 License: APPLICANT VAILCORP 1O|OZ2OO3 Phone: P.O. BOX 7 VAIL, CO 81657 License: ProjectAddress: 715 W UONSHEAD CRVAIL Location: WEST DAY LOT Legal Description: Lot: A-D Block: Subdivision: MORCUS SUBDIVISION Parcel Number: 210107207001 Comments: See Conditions Planning and Environmental Commission ACTION FORM Department of Community Devdopment 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us PEC Number: PEC030073 BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Bill Jewitt Vote: 6{-0 DateofApprovah 0612812004 Conditions: Cond: 8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s), Cond: CON0006787 That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. Cond: CON0006788 That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identiff all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheet will allow future development to occur without the need for joint property owners sign off as all future development potential will already have been established. Cond: CON0006789 That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. @nd: CON0006790 That bed and breaKast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. Cond: CON0006791 That two-family residential structUres shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless otherwise specifically prohibited. Cond: CON0006792 The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupanry inspection. Cond: CON0006793 That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergenry vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Planner: Warren Campbell PEC Fee Paidr $800.00 U/ Conditional Use Permit ! FloodplainModification [,, Minor Exterior Alteration 6 t''talor E)Cerhr Alterauon n Development Plan B/. Amendment to a Development Plan 6 Zoning Code Amendment E Variance tr Sign Variance $6s0 $400 $6s0 $800 $1500 $2s0 $1300 $s00 $200 and for meetinq rooms; a text amendment to allow single-family and two-family uses bv conditional use in the LMU-1 District; and a conditional use permit for single'family residences. Description of the Requestu (West Day Lot/Marriott Site) A major exterior alteration for a new hotel and residential facility; conditional use permits for lodoes and dwelling units on the ground floor. Location of the Proposal: Loh Tracts A-D Block:- Subdivision: Morcus Sub. (see suruey attached) Physical Address: 715 W. Lionshead Circle Parcel No.i-210-I0Z20ZQQEJ ( Eagle Co. Assessor at 970-328-8640 for parcel no') Zoning: Lionshead Mixed Use 1 Name(s) of Owner(s): Vail Corp. and VAMHC INC Mailing Address: PO Box 7. Vail. CO 81658 Owner(s) Signature(s): Name of Applicant: Mailing Address: Application for Review bY the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2739 fax: 97 0.479.2452 web: www.ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requiremenE for the particular approval that is requested. An application foi'Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department, The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: n Rezoning $1300tr Major Subdivision $1500n Minor Subdivision $650I Exemption Plat $650I Minor Amendment to an SDD $1000I New Special Development District $6000tr Major Amendment to an SDD $6000n MajorAmendmenttoanSDD $1250 (no exterior modifications) E-mail Address: For Office Use Only: Fee Paid: 3eO9% check ruo.: [/"L7 5 2 oy: RECEIVEO Phone: Fax: _06+3 't** *** * * ***'t **** * ** * **** * * * *+ * * * *+ * * ** +* * * * *+ ** * +++{' 't * + ++* + * * *+ f + *** t* *,} ** *,} '}+*** + ++ ***+**'lt * TOWN OF VAIL, COLORADOCopy Reprinted on 10-07-2003 at 08:44:39 10107/2003 Statement **** ***{'*:8r*******t***+'i't:1.*+i.'i't,t***'t***i.'t 'r,t * * {. *1. * * '1. 'lr 'lr '} * * * * * * * + * * {r * * + i t * i ** * I * ** * * * *+ * * * + +* + * + Statement. Number: RO3OO04858 Anount.: $800.00 tO/07/2OO3O8:44 AM Pa),'ment Method: Check Init : DF Notsation: #112 953 Permit No: PEC030073 Tlt)e: PEC - Major Exterior Alt Parcel No: 2LOLO7?O?OOL Site Address: 715 W LIONSHEAD CR VArL Irocation: V|BST DAY LOT Total Fees: $800.00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: s0.00 '1. * ***,tr** ********** * * +** 't *r+'t *'t'i*{.'rttt***,t * * ****{.* +*{.*t* **{.*****:trtt *'}*{.{t:1. * *+,1+****** ***+**'t**+*'lr ACCOI,JNTITEM LIST: Account Code Description Cunrent Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 800.00 r- Project Address: O WEST UONSHEAD CIRCLE Legal Description: Loft A-D Block: Subdivisionr MORCUS SUBDIVISION Parcef Number= 2LO|O72O7OO2 Comments: SEE CONDmONS Project Names GORE CREEK RES. CHANGE TO APPROVED DRB Number: DR8040534 Project Description: MODIFICATIONS TO APPROVED PI-ANS FOR GORE CREEK RESIDENCES. Pafticipantsl OWNER VAIL CORP 10i08/2004 Phone: PO BOX 7 VAIL co 81658 License: APPLICANT VAIL CORP 10/08/2004 Phone: PO BOX 7 VAIL co 81658 Licens€r Design Review Board ACTION FORM Deparbnent of Community Development 75 South Frontage Road, vail, Oolorado 81657 tel: 970.4D.2L39 fax: 970.479.2452 web: www.ci.vail.co.us Location: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By:vote: DateofApprovalz lLlI5l2Q04 Conditions: Condr I (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0005784 The applicant shall paint all mechincal equipment (vents, louvers, exhausts, ect.) which penetrate the facade or roof a color whhh @mplimenB or matdres the sunounding material prior b any planning inspections. O Planner: Warren Gmpbell DRB Fee Paid: $20.00 o rur{rNffi General lnformationl All projects requiring design review must receive approval prior to submitting a building permit refer to the submittal requiremenb for the particular approval that is requested. An application for Design Rwiew cannot be accepted until all required information is received by the Community Development Department, The project may also need to be revia'rred by the Town Council and/or the Planning and Environmental Commission. Design revlew approval lapses unless a bulldlng permlt ls lssued and constructlon commences withln one year of the approval, Description of th e Request:..- , Location of the Proposat: Lot:;{d( Block:- PhysicalAddress: ??O tJ- Lb^u(c^<t Crt Parcef No.: ?-tOl O??O TAOftntactEagteCo.AssessoratgT0-328-8640forparcel no,) Zoning:L/^U - | F"ECEIVED Application for Design Review Department of Community Development 75 So{,th Frontage Road, Vdl, Colorado 81657 tel: 970.479.21 39 fax: 970.479.2452 web: www.vailgov.com Name(s) of Owner(s): Mailing Address: Own er(s) Signatu re(s) : 36 Name of Applicant:Stnz Mailing Address:3.<mz E-mail Address: Phone: Fax: Type of Review and Fee: . Signs . Conceptual Review . New Construction. Addition . Minor Alteration (multi-family/commercial) . Minor Alteration (sin gle-family/duplex) $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residentjal or commercial building (include€ 250 additions & interior conversions). $250 For minor charges to buildings and site improvements, sucfi m, reroofing, painting, window additions, landscaping, fenc6 and retaining walls, etc. $20 For minor changes to buildings and site improvements, such 6, reroofing, Changes to Approved Plans $20 For revisions to plans already approved by Planning Statf or the For Office Use Onlv: L t t r FeePaid: ZO - checkNo.: P By: Uf.J t Meeting Date: /i'. ). o Y DRB No.:_Planner: r.r'r Project No.. -E7- Seoaration Reouest ri ** {( * {.t * r.,* *{' r. '* **{.!4,} *+ * * *** * * 'i** **'r* ** * {. * ** **** ** **{. rt ** {.{.{.:t ** *r.*** * * * * ** {. {. 'i ** {. 'r * ** * x.,t'} * * x. * * * * TOWN OF VAIL, COLORADO Statement ***********'1.:l'1.**1.****'r{.,}|{.******ii*****,tr***i.!t *******,}*'t*i.*,i*{r'1.****,rr t 'f *:1.*,t,}*{.{.*****'}t ***'r**** Statement Number: R040005860 Amount: $20.00 LO/08/2OO4OI.:22 Pl[ Payment Method: cash Init: ,fS Notat j.on: $/VAIIJ RESORTS Permit No: DR8040534 Tlfpe: DRB-Chg to Appr Plans Parcel No: 2LOLO7207OO2 Site Address : I-,ocation: 790 WEST IJIONSI{EAD CIRCIJE Total Fees: S20.00 Ttris Payment: $20.00 Total ALL Prnts: $20.00 Balance | $0.00 *** *,t ** * *** * *:r ** * * {. *{.* ** ** l.,r * +{t rr * {i ***t r {. ** * * * * ** * * ** ** * * ** tr* * * * ** * l.,i ** l' 'r,* * ** {. * * * * * * * {. *,1'3** l':r ACCOUNT ITEM LIST: Account Code Description Current Pmts DR OO1OOOO3I122OO DESIGN REVIEW FEES 20.00 4240 Architecture Inc chicago denver Town of Vail 75 South Frontrage Road Vail, Colorado 81657 RE: Gore Creek Residenoes - DRB Re-submittal (Site, Tunnel' Bldgs 1 & 2) 04 September 29 for attached drawings: 4240, I]6 <,ur=i=;;ut o i() t-lu't 3!EKeynote Descriptions civil I o [tI 'l2 3 4 5 6 Top of wall at Bldg.2lonered 0.25'(from 19.5'to 19.25)' Location of tunnel north stair well revised to the east approximately 35'' Grading revised. Top of walf at Bldg. 8 raised 0.5' (from N.2' lo 20.7'), uall height 4.5'. 27o maximum cross slope on sideuralUpath adjacent to Forest Road. Storm sewer run added, piping and inlets, adjacent to Forest Road. uanoscape A A 2 3 4 5 Deleted some of the garden walls where we have sufficient soil depth on structure for landscaping. Sheefsl-l aN L-2. Changed the north and east garage stairwells. Sheef L-7. Revis6d the entrywalkways to ebgs. 7 and 8 where they meet the pedestrian / ambulance lane. Sheet L-2. Changed the garage vents at the top of the pedestrian ramp near bldg. 6 and at the north garage slairway. Sheet L-2. Increased the quantity of recessed step{ights ftom 4 to 19. Increased the quantity of path lights from 8 to 15. Changed the light fixture on the address marker from the Mission fixture to a Troy fixture (to match arc[itecture. Added 32 duplex outdoor electrical outlets. Sf,eefs L-t, L-2 and L- 3.2. - Detail 1. Added 4 Crabapple irees, added 3 Chokecherry trees, eliminated 16 Aspen and 3 Spruce, added 42 shrubs: Sheets L-4 and L-5. Add an air vent to the east garage stairway. L-1. 162l Eighteenth Sar€ct Suite 2m Denv€r, Colorado t0202 T 303 388 4E20 F 3O3 2923113 W 42&archileclur€.com 4240 Architectur"'"' "'"" ffiJ \*{$rP f"t ""!b * xo $o&t* Architectural 4240. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stone sill height raised by approximately 1'- 0'' (TYP). Floor to floor height inoeased by a"' (TYP). Ridge height revised from 2t3'4" to28'-7". Ctriirney iraterial stucco, not stone, as labeled on Gover Sheets for Buildings 1 thru 4' , - -, Q.* | i:ls'J:yJfl :T'#:"""ilffi :*:-lfi #J:H!l3i;,,"""-lo.rrrG*{""1*4^N,ot}. Exposed timber beam ends removed. 0^,.# '- ' - n ffiffiffHffi',::r"ft1*FJ!";ace flue on south Erevations, refer to Attachmenr 01./ ltts ,g 4OOJ operaOfe brer awning windons to South Elevations, typical at Living Rooms. Revised window configuration. fncreased dormer size and ridge height, due to redesign of upper level bathroom' ,\ , llrala Stone siff added to elevation. l)- ..b(Ol'* Added air intake and exhaust grills indications on elevations. Exposed pipes to be oainted lv (htlr| blend with slone, field verify color. Conection made to shovv operable windows, not sliding doors' Revised roof overhang condition. Eliminaled horizontal wood trim bands. Dormer width increased by approximately 6" ridge height raised from 22-5 3lg, to 24'-'1" - Roof Eaves cut back to center bay window on roofline. Dormer increased 5'4" in widtfr, ridge height raised from 21'-9 518" lo22'4Y2". Revised roof overhang condition. Ghimney width increaied approximately 2'4" to accommodate second flue' Windowwith translucent glass added to allovrr additional natural light' Roof canopy and wall sconces revised at unit entries to accommodate side entry, Re: L-1. Stone sill raised approximately 6', window sunound at Lower Level revised on South Elevation' typical. Revised deck support and guardrail elevations. Added exterior light sconce to building wall at the lorrrer level terrace' Rerrised roof plais for Bui6ing 1 & 2. See roof plan and elevation drawings. neviseA configuration of stairJ and ventilation wdl at east end of tunnel / plaza. Revisions to c-onfiguration and location of stairs and ventilation wells along north tunnel wall' Minor revisions to-layout of so.rth tunnel wall. Elevation drawings included' Revised ventilation well size and location- Adjusted patfrway entrances at buildings 7 & 8-' nevised mechanical room walls at west end of tunnel I plaza' Added shed roof projeclion per TOV request (see drawing sheets. 1/M02 & 1/4305)' lncluded additional tunnel exterior elevations. Revised Tunnel entrance elevalion. lndication of mechanbal louver in north stair well exterior wall' 6 27 28 29 30 31 32 33u 35 36 37 38 f62l EiSht€erth stre€t suit€ 20o D€nv€f, colorado E0202 T 303 388 4820 F 303 292 3ll3 W 424oarchit€ctur€.com pilq*+,,ffrrp0n, s+v+nnrr {ffi*t 0 UwT ls *g} off#LJSE{S#,,': -Sf;I$N, I cunliE9, 3-5pgo c0PpEn slfgT ITETAL COVEH, OFSH ?OF & 8TI|,.{HON -CoMBUsraLf } ffi lstrt pfriL_sKfrc!- --aeIXbLZ ' lwldrs 0 Unit *on @fitus Submittal G-350F 1-1-01 Louvered Return Grilles and Registers 'Aluminum Models: D 350FL . 35" Deflection' Long Blades'%" Blade Spacing ! 350FS . 35o Deflection'Short Blades'%" Blade Spacing Fastenings ! Type a . Extemal Screw ! Type C ' Concealed Screw + Duct Size minus 3/4" 'I 1/4" x 3/4' Angle CIp Attaded To Gdle (By Titus) 1 1/4" x 34" Angle Clip (By Others) #8 Screw (By Others) Duct - puqtsp. -l Avaltable with Border Typ€ 1 only. Type C {a6tening nol avallable wlth damper. Accessories (Optional) cn"* g ir provided Standard Finish: tr26 vlhite D Neck mounbd opposed btade dampef I OS . OeUris Screen ('/.'square mesh - ! oplional finish (gd\ranhed sleel) Salvanized sleel) I ls.Insea Screen ('/$' square mesh - D EoT' Earhquake tabs galvanked sleel)! otler 'General Description . Available with louvers vefllcal or horizontal. . Optional opposed blade damper has screw- ' Material: Aluminum' .ltg x 1'h.lg. phillips flal head sheet metal driver€djust nent accessible thmugh face of . Al dimensions are t '/'o'. screws painied white. reglsrer' ! Border Type 1 . Surfaca uount D plus I 3ll' D minus 3/4' D minusl/? Nontnal Dtlcl Size D 'Note: When Damper ls Full Op€n, Add 3E' To Overa[ Depth. Border Type 1 is available in sizes 6- x 4'through 48'x 48'in 2" incremenb in one piece consfurtion. Odd and ftaclional sizes are availaHe at addifionai cost. Sizes larger than 48" x 48' are shipped in multiple sectons with lolning sfips for field assembly. -*1*- Screwd.tuer Slot Operator For Oplional Damper Avallable Sizes (D" x D") l{ota: Wa[ o. ducl ope]t,E shouH be ducl rlze i '/.'. All dinFnsions are in irrches' Mounting Frames Ief . Steel Ptaster fnnn D PFA'Alumhum Pl.ste] Framo Duc{ plus 2 3V8' -Ducl plus 1 D|-rcl pft.|s 2 98" -Or.rct pfus 1 7lg' 4 1t4" Duct plus 1/16" *Duct plus 1/16" Su'face llounGd Aampl€ Recessod lro(r|bd E(ampb llote: Wa[ oper{ng sttould be llsted duct size + ',/" b listed duct slz€ + r'/..' /a$ + O I Note: This s-Dmittal ts mear lo iternq1strate geierat dim€nsio.rs oa lhb prcd!,<r. Tho 46win9 oo this lubminal are not dEant to d€lail every G-12'0-Stpli t US#J J r" p."ara "in exacrne+s. Di-awings are hor ro scat€. Tnus r's€rv€6 the dght to ftake chEoses *ithoul $itten r'otice' At ,i!rt e!:t t$ an.a,i Ft.Ey b..r.!cj.- d t t-i.r, h.t kh a rt@.t crdic d r.drti..( i'dd! tEr@9t*r -d @f' a br rt iid-&.r -.{...alil r.L.! fsr Fri"icl (Please *e roverse sido for other brder tyPes.) " 'submittal G-350F 1'1'01 Optional Border Types Available I Border Type 3 (LaY-ln) Panel llounted{-l t* | "n,,*t-,';:* ;- Availau€ in al standard nrdde sEes with nect sizes up lic tnodde stss riaus f. I Bo]der Type 2 (Snaeln) Panel ounted f_*,,*fi.*" -*l 13/16'_T Ar|ailabl€ in 24'x 2,1' module6 wit| neck stses tJp b af x 2d. Border Type 2,3, 4 I t."."-1"" a oprnn" Check Ll if provided Border Type 7 E Border Type 4 (spnne) Panel Mounted Availat{o in 24' x 24' rnodiles with .Eck dzes up to 20' x m'. Sdines m 2 opposite ddes onlY flBorder TyF 7 (Channel) Available in sEes uP lo 48' x 48'. . Accessorles E Optlons cne* E it provioeo I AG15 . Neck rnounled opposed blade I eOr' Eartquake tabs dampsr (gaManlzed steel) [ Otrer I lS . Insea Screen (1.' square mesh - 64- - !rJr)-'r^'€erou.'r"'r,. u{us's"'e-"- standard Finish: #26whitegalvanized steel) I os . Deuris screen ('/.' square mosh - [l ootona anisl! Optlona Anistr galvanized sleel) ! EOT . Earthquake tabs E or,o Standard Finish : #26 \rvhite ! Optixrat finish .;i\ - | r t,tot€: This s{affttat is neant b dernonstratg geo€.al dimeisioos of this p{adud. Tho &awing on ttlis $Dnittat a.o not meanl b detat €vety G-12,0-S,QT i t US;;';G et"d- wih eractress. Drawings a.e no o s""b. Trrus rE€n€s 0'. dght to rtst6 drans€s rvid.ut wtid€i ootico A ddr. ,!-.r.r,. No Ft .t ra Er oy !. ng!.no.d a rr-iLd h -y trD r -y dr., .tdd'lc t ..dric{ hdoil tr..odPf{ -n @ir! B bt rtt taohL. HH#HIVEE NUV 0 I 2AA4 4240 Architecture lnc chicago denver Town of Vail 75 South Frontage Road Vail. Colorado 81657 RE: Gore Creek Residences - DRB Re-submittal (Bldgs 3, 4 & 5) 04 November 8th Keynote Descriptions for aftached drawings: Architectural 424c, 2 3 4 5 6 7 8 I 10 11 12 13 1^ Stone sill height raised by approximately 1 - 0', (TYP). Floor to floor height increased by 4", (TYP). Ridge height revised. Chimney material stucco, not stone, as labeled on Cover Sheets for Buildings 1 thru 4. Building entry revised; wall sconces relocated to entry side. Added Snow Fences, where shown on rmf plans and elevations. Exposed timber beam ends revised or removed. Revised post spacing at guardrails. Added termination cap for gas fireplace flue on South Elevations, refer to Attachment 01. Added operable lower awning windorrys to South Elevations, typical at Living Rooms. Revised window confi guration. Increased dormer size and ridge height, due to redesign of upper level bathroom. Stone sill added to elevation. Added air intake and exhaust grills indications on elevations. Exposed pipes to be painted to blend with stone, field verify color. Revised door location. Revised roof overhang condition. Eliminated horizontal wood trim bands. Revised ridge location. Roof Eaves cut back to center bay window on roofline. Revised valley line. Revised roof configuration. Chimney size increased. Window with lranslucent glass added to allow additional natural light. Added copper rain gulters. Stone sill raised approximately 6", window surround at Lower Level revised on South Elevation, typical. Revised guardrail elevations. Added exterior light sconce to building wall. Added wood brace (previously not shown). Revised roof slope. Ridge height changed due to the finish floor datum changed. Revised window size. Deleted crossing window sill trim where occurs. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 162l Eighteenih Street Suite 200 Denver, Colorado 80202 T 303 388 4820 F 303 292 3l l3 W 424oarchit€cture.com 4240 Architecture lac chicago denver 32 Deleted copper roof at bay window. Wall extended to upper roof. U Donnsized the timber braces below all south side decks to about 807o of currenl size. 35 Relised roofcut back.36 Louvers added to the south wall elevation (previously not shown).37 Revised chimney location.38 Eliminated low pilch copper roof.39 Beam ends connection detail revised.40 Deleted the timber brace belour the south side deck.41 Elevation of the unit beyond added. (previously not shom conecfly).42 Revised window location. 424c, I 62 I Eighte€nth Street Suite 200 Denver, Colorado 80202 T 303 388 4t20 F 303 292 3 I I 3 W 424oarchit€cture.com A+taohmt*zt ot Grs r.P. lYllr vfl'{T (BEfrrNO} f,-SIDEF COPP€Rsl€fr l€r^r cov€R.SEil TOP * STIII|. prnlol r Eno* ErFvAilqN (mlW 0llnt/S n!) J_SPED COPPSR SHEET UETAL COVER. OF€N TOP I! 8TTIT, (r,ro$*coHg|JsrrBrf) Qfl+q, SfiFIPr,' ,i'., PfliPl., ! CUF\/EO, 5-SIDEO copP€R $r{tft i,tgrA|. co\€R, ffgx ToF & STTM.{NON - C0r'l8usx€tf) ffi rnonl pgt4l sr<EIcH - .qPnoN 2 Fiwdtw Wqll VevrT ' (otkrs € Unit *of\) o '.;,,111 Pooslbl6 Control tsox Locatlong TC Cor|trol gor.dvg Al,?iraHe on CO ROftl and lr€b sile Avaihi)b w Cn R0itl and $sb $ne ,qvatinblo on CF ft0ld {nd ',e€* $i!o f- Project Name: Gore Creek Residences Project Description: approval of Gore Creek Residences at the West Day Lot Pafticipantsl OWNER VAMHC INC 12110/2003 Phone: P,O. BOX 7 VAIL, CO 81658 License: APPUCANT BraunAssociates, Inc. L2lI0l20O3 Phone: 970-926-7575 P.O. Box 2658 Edwards, CO 81632 License: Project Address: 715 W LIONSHEAD CR VAIL Locationr t A-D of Morcus Sub aka West Day Lot Legal Descripfion: Lot A-D Block: Subdivision: MORCUS SUBDIVISION Parcef Numben ZIOLO7}O7OOL Comments: See Conditions Design Review Board ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 telt 970.479.2139 far: 970.479.2452 web: www.ci.vail.co.us DRB Number: DRB030540 BOARD/STAFF ACTION Motion By: Margaret Rogers Action: APPROVED Second Byr Scott Proper vote: 4-0-0 DateofApprovalz 0710812Q04 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written @nsent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. @nd: CON0006785 The applicant shall utilize the shed roof design over the garage entry. All plans shall be revised by the applicant to show said design prior to submitting for a building permit. Planner: Warren Campbell DRB Fee Paid: $650,00 DESIGN REVIEW BOARD AGENDA July 7, 2004 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION / LUNCH - Communily Development Department 11:30 pm MEMBERS PRESENT BillPierce Scott Proper MEMBERS ABSENT Joe Hanlon Margaret Garvey Rogers (lett at 4:00 pm) Diana Mathias (left at 7:00 pm) SITE VISITS 2:00 pm 1. 2. 3. 4. 5. 6. 7. 8. o 10. 11. 12. 13. 14. 15. Middle Creek Village - 129 North Frontage Road Sandbar Sports Grill - 21 11 North Frontage Road West Holm- 1858 West Gore Creek Drive Lionshead Core Site Hotel - 675 Lionshead Place Forest Place - 616 West Forest Road Shannon - 245 Forest Road Halaby -252 West Meadow Drive Vail Plaza Hotel- 100 East Meadow Drive Starbucks - 242 East Meadow Drive VML, LLC - 352 East Meadow Drive, Unit 1 Bowick- 281 0 Aspen Court Haley - 3988 Lupine Drive Timberfalls - 4500 Timberfalls Court Rechter - 491 7 Juniper Lane Parliament-3241 Katsos Ranch Road PUBLIC HEARING. TOWN COUNCIL CHAMBERS 1. Halaby Residence DRB04-0249 Final review of changes to approved plans 252 West Meadow Drive/Lot 8, Vail Village Filing 2 Applicant: Ted Halaby, represented by Rocky Mountain Environmental Construction, Inc. MOTION: ROGERS DENIED SECOND: PROPER VOTE:4-0-0 2. Gannett Residence DRB04-0145 Final review of new construction 796 Forest Road / Lot 13, Block 1, Vail Village Filing 6 Applicant: Doug & Kathy Gannett, represented by Steve Riden MOTION: ROGERS SECOND: PROPER 3:00 pm Biil APPROVED WITH NO CONDITIONS VOTE: 4-0-0 Bitl 3. Shannon Residence DRB04-0290 Conceptual review of a new residence 245 Forest Road/Lol 22, Block 7, Vail Village Filing 1 Applicant: Mike and Mary Sue Shannon, represented by K.H. Webb Architects CONCEPTUAL: NOVOTE 4. Pirate Ship Park DRB04-0230 Bill Final review of new construclion Tract E, VailVillage Filing 5 Applicant: Town of Vail, represented by Gregg Barrie MOTION: ROGERS SECOND: PROPER VOTE: 4-0-0 APPROVED WITH NO CONDITIONS 5. Sandbar Sports Grill DRB04-0219 Matt Final review of a new sign 2111 North Frontage Road WesULot 2-A, Vail das Schone Filing 3 Applicant: Joe Longo & Eric Leitstein, represented by Paulajane Collins MOTION: ROGERS SECOND: PROPER VOTE: 4-0-0 APPROVED WITH TWO CONDITIONS 1. Prior to the installation of the new sign, the applicant shall paint the siding behind the sign to address both the fading and the ghost sign left by the existing sign. 2. The applicant will install the new sign in a manner that renders the raceway tor the new sign unexposed. All electrical connections shall likewise be hidden behind the parapet wall. 6. Middle Creek Village DRB04-0228 Matt Conceptual review of a new sign 129 North Frontage Road/Middle Creek Village Applicant: Coughlin & Company, Inc., represented by Odell Architects, P.C. CONCEPTUAL: NO VOTE 7. Timberfalls Swimming Pool House DRB04-0245 Elisabeth Final review of a minor alteration 4500 Timberfalls CourU unplatted Applicant: Karl Edgerton MOTION: ROGERS SECOND: PROPER VOTE:3-0-0 (Mathias absent) TABLED TO AUGUST 4,2OO4 8. Bowick Residence DRB04-0251 Clare Conceptual review of a minor alteration 2810 Aspen CourVlot 'l3, Resubdivision of Tract E, Vail Village Filing 1 1 Applicant: Herbert & Susan Bowick CONCEPTUAL: NO VOTE 9. Parliament Residence DRB04-0255 Matt Final review of a minor alteration 3241 Katsos Ranch Road/Lot 6, Block 1, VailVillage Filing 12 Applicant: Casey & Amy Parliament MOTION: MATHIAS SECOND: PROPER VOTE:3-0-0 (Rogers absent) TABLED TO JULY 21.2004 Biil 10. Holm Residence DRB04-0256 Clare Final review of a minor alleration 1858 West Gore Creek Drive/Lot 46, Vail Village West Filing 1 Applicant: William & B.J. Summer Holm MOTION: ROGERS SECOND: PROPER VOTE: 4'0'0 APPROVED WITH NO CONDITIONS 11. Gore Creek Residences DRB03-0540 Warren Final review of new construction 728 West Lionshead Circle/Lots A through D and 7, Morcus Subdivision Applicant: Vail Resorls, represented by Braun Associates, Inc MOTION: ROGERS SECOND: PROPER VOTE: 4-0-0 APPROVED WITH ONE CONDITION 1. The applicant shall utilize the shed roof design over the garage entry. All plans shall be revised by the applicant to show said design prior to submitting for a building permit. 12. VML, LLC DRB04-0146 George Final review of changes to approved plans (Garage Door) 352 East Meadow Drive, Unit l/Tract B, Block 5, Vail Village Filing 1 Applicant: Zehren and Associates, Inc. MOTION: MATHIAS SECOND: PROPER VOTE:3-0-0 APPROVED WITH NO CONDITIONS VML, LLC DRBO4.O101 Final review of changes lo approved plans (Mechanical Equipment) 352 East Meadow Drive, Unit llTracl B, Block, Vail Village Filing 1 Applicant: Zehren and Associales, Inc. MOTION: PROPER SECOND: MATHIAS VOTE:3-0-0 TABLED TO JULY 21,2004 13. Vail Plaza Hotel DRB04-0179 George Final review ol changes lo approved plans 100 East Meadow Drive/Lot M, N,O, Block 5-D, VailVillage Filing 1 Applicant: Daymer Corporation, represenled Zehren and Associates, Inc. MOTION: MATHIAS SEGOND: PROPER VOTE:3-0-0 TABLEDTOJULY 21,2OO4 14. DelPonte Residence DRB04-0226 Clare Final review of a minor alteration 3070 Booth Creek Drive/Lol 7, Block 3, Vail Village Filing 11 Applicant: Reg & Julie DelPonle, represented by Victor Mark Donaldson Architects MOTION: ROGERS SEGOND: PROPER VOTE: &0-0 APPROVED WITH TWO CONDITIONS 1. The applicant shall paint the corner boards Alexandria Beige to match the siding of the residence. 2. The applicant shall utilize Classic Burgundy paint only for window sashes. 15. Haley Residence DRB04-0265 Elisabeth Final review of changes to approved plans 3988 Lupine Drive/Lot 2A, Block 2, Bighorn Subdivision 1" Addition Applicant: Valorie and Jame Haley, represented by Gary Hill MOTION: ROGERS SECOND: PROPER VOTE: z1-0-0 APPROVED WITH NO CONDITIONS 16. lrwin Residence DRB04-0190 Final review of a residential addition 1956 West Gore Creek Drive/Lot 45, Vail Village West Filing 2 Applicant: David lrwin MOTION: ROGERS SECOND: PROPER VOTE: 4-0-0 APPROVED WITH NO CONDITIONS 17. Lionshead Core Site Hotel DRB04-0305 Final review of a major exterior alteration 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company, represented by Braun Associates, lnc. MOTION: PIERCE SECOND: PROPER VOTE:3-0-0 TABLED TO JULY 21,2004 18. Rechter Residence DRB04-0285 Final review of changes to approved plans 4917 Juniper Lane/Lbt 5, Bl6ik 4, Bighorn Subdivision sth Addition Applicant: Sam Rechter, represented by Duane Piper MOTION: MATHIAS SECOND: PROPER VOTE:3-0-0 TABLED TO JULY 21,2004 Matt George Warren 19. Starbucks DRB04-0282 Glare Final review of a new sign 242Easl Meadow Drive, Unit C-l0l/Tract B, Block 5, Vail Village Filing 1 Applicant: Starbucks Coffee MOTION: PROPER SEGOND: MATHIAS VOTE:3-0-0 APPROVED WITH NO CONDITIONS 20. Forest Place DRB04-0269 Warren Final review of a minor alteration 616 West Forest Road/Forest Place SuMivision Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. MOTION: PIERCE SECOND: PROPER VOTE:3-0-0 APPROVED WITH NO CONDITIONS 21. Forest Place DRB04-0269 Warren Final review of a new sign 616 West Forest Road/Forest Place Subdivision Applicant: Vail Resorls Development Company, represented by Braun Associales, Inc. MOTION: PIERCE SECOND: PROPER VOTE:3-0-0 APPROVED WITH NO CONDITIONS. O staff Aoprovats Ford Park School House DRB04-0235 Clare Final review of a minor alteration 530 South Frontage Road East/Fort Park Unplatted Applicant: Town of Vail, represented by John Gallegos Leever Residence DRB04-0264 Warren Final review of a minor alteration 1397 Vail Valley Drive/Lot 6, Block 3, Vail Valley Filing 1 Applicant: Dan & Julie Leever Toma Residence DRB04-0249 Etisabeth Final review of a minor alteration 1220 Ptarmigan Drive/Lot 2, Block 8, Vail Village Filing 7 Applicant: C.D. & Marilynn Toma, represented by Nedbo Construction Pratt Residence DRB04-0266 Warren Final review ol changes to approved plans 3827-B Lupine Drive/Lot 28, Bighorn Subdivision 2no Addition Applicant: Henry Pratt, represented by Cohen Construction, Inc. VailPBK, LLC DRB04-0274 Joe Final review of a minor alteration 1706 Geneva Drive/Lot 18, Matlerhorn Village Applicant: Robert Oppenheimer Vail PBK, LLC DRB04-0275 Final review of a minor alteration 1705 Geneva Drive/Lot 1 and part of Lot 2, Matterhorn Village Applicant: Robert Oppenheimer Vail PBK, LLC DRB04-0276 Final Review of a minor alteration 1682 Matterhorn Circle/Lot 21A, Matterhorn Village Applicanl: Vail Park LLC Winlerstorm, LLC Residence DRB04-01 68 Final review of a residenlial addition 2039 Sunburst Lane/Lot 168, Block 3, Vail Valley Filing 3 Applicant: Winterstorm, LLC, represented by K.H. Webb Architects LLC Yare Residence DRB04-0233 Final review of changes to approved plans 2434 Chamonix Lane/Lot 11, Block B, Vail das Schone Filing 1 Applicant: Mark Yare Spraddle Creek LLC Residence DRB04-0234 Final review of a minor alteration 'l094 Riva Glen/Lot 4, Spraddle Creek Subdivision Applicant: Spraddle Creek LLC, represented by English & Associates Joe Joe Matt Matt Matt Giancola Residence DRB04-0242 Final review of a minor alteration Clare 4799 Meadow Drive/Lot 19, Block 5, Bighorn Subdivision 5'n Addition Applicant: Annmarie Giancola White/Thompson Residence DRB04-0254 Elisabeth Final review of a minor alteration 1814 Glacier Court, Unit B/Lot 218, Lions Ridge Filing 3 Applicant: Wade White & Margaret Thompson Dougherty Residence DRB04-0250 Matt Final review of changes to approved plans 2039 Sunburst Drive/Lot 16A, Vail Valley Filing 3 Applicant: Paul Dougherty, represented by Slifer Designs, Tom Counter Landmark Development Sign DRB04-0229 Elisabeth Final review of a new sign 288 Bridge StreeULol D, Block 5A, Vail Village Filing 1 Applicant: Richard Brown and Charles Rosenquist, represenled by Betsy Bradley Musson Residence DRB04-0244 Elisabeth Final review of a minor alteration 1868 West Gore Creek Drive/Lot 47,Yail Village West Filing 1 Applicant: Paul Musson Dulude Residence DRB04-0271 Bill Final review ol a minor alleralion 1464 Greenhill CourVLol 19, Glen Lyon Applicant: Richard Dulude, represented by Peel Langenwalter Architects, David Peel Woodward Residence DRB04-0258 Bill Final review of a residential addition 770 Potato Palch DriveiLot 6, Block 2, Vail Potato Patch Applicant: Philip Woodward, represented by Snowdon & Hopkins Architects PC Shirley Residence DRB04-0277 Bill Final review of changes to approved plans 303 Gore Creek Drive, Unit 8/Lot 8, Block 5, Vail Village Filing I Applicant: Erikson Shirley, represented by K.H. Webb Architects Parliamenl Residence DRB04-0257 Matt Final review of a minor alteration 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 12 Applicant: Francene Parliament Knuepfer Flesidence DRB04-0272 Clare Final review of a minor alteration 748 A Potato Patch Drive/Lot 7, Block 2, Vail Potalo Patch Filing 2 Applicant: Marcia and David Knuepfer, represented Graham Reid Construction, Inc. Hawkwood Inc. Residence DRB04-01 41 Final review of a residential addition 483 Gore Creek Drive, Unit 58 / Lot 58, VailVillage Filing 4 Bitl O Applicant: Hawkwood, Inc. represenled by Gwathmey Pratt Schultz Spriggs Residence DRB04-0289 Bill Final review of changes to approved plans 1477 Aspen Grove Lane/Lot 3, Lions Ridge Filing 4 Applicanl: Michael Spriggs Shaper Residence DRB04-0267 Bill Final review of changes to approved plans 2645 Bald Mountain Road/Lot 10, Block 1, VailVillage Filing 13 Applicant: Steven and Sue Shaper, represented by Cohen Construction Moffet Residence DRB04-0246 Bill Final review of changes to approved plans 1655 Aspen Ridge Road/Lot 5, Block 4, Lions Ridge Filing 3 Applicant: Greg & Chris Moffet, represented by K.H. Webb Architects Goetz Residence DRB04-0263 Clare Final review of a minor alteration 1853 Lions Ridge Loop/Lot3, Block 3, Lions Ridge Filing 1 Applicant: Ray Goetz O'Meara Residence DRB04-0259 Elisabeth Final review of a residential addition 2801 Basingdale Blvd., Unit 3/Lot 3, Block 8, Vail Intermountain Applicant: Mike O'Meara Starbucks DRB04-0281 Clare Final review of a minor alteration 242 East Meadow Drive, Unit C-101/Tract B, Block 5, Vail Village Filing 1 Applicant: Starbucks Cotfee Vail Mountain Lodge/Angelo DRB04-0303 Elisabeth Final review of a minor alteration 352 East Meadow Drive, Unit 4l2lTracl B, Block 5, Vail Village Filing 1 Applicant: John and Judy Angelo, represented by Resort Design Associates The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing lmpaired, for information. DESIGN REVIEW BOARD AGENDA July 21, 2004 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION / LUNCH - Gommunity Development Department 12:00 pm MEMBERS PRESENT Joe Hanlon BillPierce Margaret Garvey Rogers Diana Mathias srrE vtstTs MEMBERS ABSENT Scott Proper 2:00 pm 1 . Lionshead Arcade Condominium Association - 531 Lionshead Mall2. Hilb - 1592 Matterhorn Circle3. Vail Mountain Lodge - 352 East Meadow Drive4. Bowick Residence - 2810 Aspen Court5. Parliament Residence - 3241 Katsos Ranch Road6. Gaylis - 3828 Bridge Road7. Rechter Residence - 491 7 Juniper Lane8. Keck - 4916 Juniper Lane9. Rogers Residence-4812 Meadow Lane Driver: Georqe PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm 1. Lionshead Arcade Condominium Association DRB04-0299 Elisabeth Final review of a minor alteration 531 Lionshead Mall/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Lionshead Arcade Condominium Assoc., represented by Alleman Conslruction, Inc. ACTION: Approved with conditions MOTION: Hanlon SECOND: Mathias VOTE: 3-0-l (Pierce recused) CONDITIONS: 1) The applicant shall ensure that the awnings of individual shops are cleaned prior to final inspection of the project by the Community Development Department or by September 21, 2004 (whichever is sooner). 2. Bowick Residence DRB04-0319 Clare Final review of a residential addilion 2810 Aspen CourULol 13, Resubdivision of Tract E, Vail Village Filing 1 1 Applicant: Herbert & Susan Bowick ACTION: Approved with conditions MOTION: Rogers SECOND: Mathias VOTE: 4-0-0 CONDITIONS: 1) The applicant shall improve the residential structure as presented lor repainting, deck modification and building addition. 2) The applicant shall submil a revised topographic site plan showing no improvements in the floodplain by August 20,2004 to the Community Development Department lor staff review and approval. 3. Hilb Residence DRB04-0293 Bill Final review of a minor alteration 1592 Malterhorn Circle/Lot 2, Block 1 , Timber Vail Applicant: Dave and Anne Hilb ACTION: Approved with conditaons MOTION: Rogers SECOND: Hanlon VOTE:4-0-0 CONDITIONS: 1) The applicant shall relocate the structure to comply with all setback requirements. 4. Bernstein Residence DRB04-0311 Bill Final review of changes to approved plans 1758 Alpine Drive/Lot 3, Vail Village West Filing 1 Applicant: Dave Hilb, represented by John Martin ACTION: Approved with conditions MOTION: Rogers SECOND: Hanlon VOTE: tl-0-0 CONDITIONS: 1) The applicant shall maantain the previously approved upper story, east elevation window configuration; but shall install a false window on the right- hand side. 5. Rogers Residence DRB04-0302 Bill Conceplual review of a new residence 4812 Meadow Lane/Lot 8, Block 7, Bighorn Subdivision 5h Addition Applicant: Scott & Amy Rogers, represented by Larry Benway ACTION: No vote 6. Rechter Residence DRB04-0285 Warren Final review of changes to approved plans 4917 Juniper Lane/Lot 5, Block 4, Bighorn Subdivision sth Addition Applicant: Sam Rechter, represented by Duane Piper ACTION: Denied MOTION: Hanlon SECOND: Mathias VOTE:1-3-0 7. Gore Creek Residences DRB03-0540 Warren Final review of new construction 728 West Lionshead Circle/Lots A through D and 7, Morcus Subdivision Applicant: Vail Resorts, represented by Braun Associates, Inc. ACTION: Approved MOTION: Rogers SECOND: Hanlon VOTE:4-0-0 8. Parliament Residence DRB04-0255 Matt Final review of a minor alteration 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 12 Applicant: Casey & Amy Parliament, Represented by Shephard Resources ACTION: Approved MOTION: Rogers SECOND: Mathias VOTE:4-0-0 GONDITIONS: 1) The applicant shall replace the garage doors with new ones and paint them to match the color of the window trim concurrently with the proposed exterior work. 2) The applicant shall make all of the window trim thematically consistent throughout the structure prior to a Temporary Certificate of Occupancy (TCO) inspection- 3) The applicant shall either keep the roof over the stair enclosure at its present pitch or make it entirely flat before requesting a TCO inspection. 4) The applicant shall remove the star that appears to be a holiday decoration by the time work is completed and prior to a TCO inspection. L Gaylis Residence DRB04-0203 Matt Final review of a new single family residence 3828 Bridge Road/Lot 10, Bighorn Subdivision 2no Addition Applicant: Norman Gaylis, represented by Steven James Riden, AIA ACTION: Approved MOTION: Mathias SECOND: Hanlon VOTE:4-0-0 CONDITIONS: 1) The applicant shall submit to planning a revised East Elevation, prior lo issuance of a building permit, which depicts a bellyband added at the level ol the deck, add stucco beneath it instead of the proposed cedar siding and add two windows above the garage as agreed upon and indicated on the plans. 2) The applicant shall submit to planning revised elevations, prior to issuance ol a building permit, depicting finished concrete or cut stone lintels over every arched opening. 3) The applicant shall submit to planning a revised South Elevation, prior to the issuance of a building permit, depicting stucco, instead of the proposed cedar siding, on the recessed portion ol the lower level. 4) The applicant shall submit to planning a revised West Elevation, prior lo the issuance ol a building permit, depicting stucco, instead of the proposed cedar siding, on the lower level and an adiustment to the rool which fixes the awkward metang of the overhang and adjacent hip. 5) The applicant shall submit to planning a revised North Elevation, prior to the issuance of a building permit, which shows the window proposed on the east end removed and stucco added. 6) The applicant shall submit to the Town of Vail an erosion and hazard mitigation plan addressing the elements articulated in the "Rockfall and Avalanche Hazard Analysis" provided with their application prior to the commencement of any work on the site. 10. Vail Viking Ltd., Keck Residence DRB04-0286 Matt Final review of a residential addition 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5'n Addition Applicant: VailViking Ltd., represented by Frilzlen Pierce Architects ACTION: Denied MOTION: Mathias SECOND: Hanlon VOTE:3-0-1 (Pierce recused) 11. Vail Mountain Lodge DRB04-0101 George Final review of changes to approved plans (Mechanical equipment) 352 East Meadow Drive, Unit 1ffract B, Block, VailVillage Filing 1 Applicant: VML, LLC, Represented by Zehren and Associates, Inc. ACTION: Tabled to August 4,2004 MOTION: Rogers SEGOND: Hanlon VOTE: &0-0 12. Vail Plaza Hotel DRB04-0179 George Final review of changes to approved plans 100 East Meadow Drive/Lot M, N,O, Block 5-D, Vail Village Filing 1 Applicant: Daymer Corporation, represented Zehren and Associates, Inc. ACTION: Approved with conditions MOTION: Rogers SECOND: Hanlon VOTE: 4-0-0 CONDITIONS: 1) The applicant shall submit revised plans to staff lor review and approval, which incorporate the red lined comments made lo the architectural plans set dated July 21, 2004, prior to submitting for building permits. 13. Lionshead Core Site Hotel DRB04-0305 George Final review of a major exterior alteration 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc . AGTION: Tabled to August 4,2004 MOTION: Rogers SECOND: Hanlon VOTE:4-0-0 14. Holy Cross Energy Trees R-O-W DRB04-0261 Clare Final review of a minor alteralion 2990 Basingdale Blvd./Lot 22,Block9, Vail Intermountain Applicant: Holy Cross Energy WITHDRAWN O Staff Approvals Navas Residence DRB04-0306 Joe Final review of a minor alteration 2610 Bald Mounlain Road/Lot 32, Block 2, Vail Village Filing 1 3 Applicant: Sybill Navas Seven Vails Corp. DRB04-0304 Joe Final review of a minor alteration 1837 Alpine Drive/Lot 49, Vail Village West Filing 1 Applicant: David R. Flinn Kane Residence DRB04-0171 Matt Final review of a residential addition 4946 Juniper Lane/Lot 7, Block 5, Bighorn 5th Addition Applicant: Andrew Kane, represented by Steven Riden Architect Treetops Condominium Association DRB04-0294 Warren Final review of an addition 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Jeff Brown, Manager, represented by Fritzlen Pierce Architects Hanlon Residence DRB04-0292 Elisabeth Final review of a minor alteration 897 Red Sandstone Circleilot 1, Vail Village Filing 9 Applicant: Joe Hanlon Harlan Residence DRB04-0280 Warren Final review of a residential addition 1320 Westhaven Circle/Lot 24A, Glen Lyon Subdivision Applicant: Hugh Harlan, Harlan Development Company LLC Pennington DRB04-0283 Elisabeth Final review of a minor alteration 950 Potato Patch Drive, Unit 7/Potato Patch Club Condos Applicant: Joseph and Betty Jo Pennington, represented by SRE Builders Pal Residence DRB04-0309 Matt Final review of changes to approved plans 254 B Beaver Dam Roacl/Lot 23, Block 7, Vail Village Filing 7 Applicant: Joe Pal, represented by Peak Properties Lionshead Skier Bridge DRB04-0310 Warren Final review ol a new sign Tract B and D, Block 1, Vail Lionshead Filing 1 Applicant: Vail Corp., represented by Mauriello Planning Group, LLC McCue Residence DRB03-0175 Warren Final review of a minor alteration 4269 Nugget Lane/Lot 3, Bighorn Estates, a resubdivision of Lots 10 & 1 1 Applicant: Robert and Harriet McCue, represented by Brown-Wolin Construction Middle Creek Village DRB04-0228 Matt Final review of a new sign 129 North Frontage RoadiMiddle Creek Village Applicant: Coughlin & Company, Inc., represented by Odell Architects, P.C. Hoffman Residence DRB04-0287 Bill Final review of changes to approved plans 2665 Bald Mountain Road/Lot 9, Block 2, Vail Village Filing 13 Applicant: Scott Hoffman Sunlight Condominium Association DRB04-0288 Matl Final review of a minor alteration 2289 Chamonix Lane/Lot 6, Block A, Vail das Schone Filing 1 Applicant: Warren M. Garbe Treetops Condominium Association DRB04-0294 Warren Final review of a residenlial addition 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Jeff Brown, Manager, represented by Fritzlen Pierce Architects Bernardo Residence DRB04-0321 Clare Final review of a minor alteration 2982 Bellflower Drive/Lot 12, Block 6, Vail Intermountain Applicant: Elisa Bernardo Banner Residence DRB04-0320 Clare Final review of a minor alteration 2930 Booth Creek Road, Unit A/Lot '1, Block 5, Vail Village Filing 11 Applicant: Pete Banner and Matthew Banner, represenled by A Cut Above Forestry Hussey Residence DRB04-0327 Final review of a minor alteration 51 16 Main Gore Drive/Lot 1, Block 2, Bighorn Subdivision 5'n Addition Applicant: Charles E. Hussey, represented by A Cut Above Foreslry Eagle River Water and Sanitalion DRB04-0284 Final review of a minor alteration 20 Vail Road/Tract I, Block 5E, Vail Village Filing 1 Applicant: Peak Civil Engineering Stern Residence DRB04-0296 Final review ol a minor alteration 1517 Vail Valley Drive, Unit 'lllot 12, Block 3, Vail Valley Filing 1 Applicant: Ann & Douglas Stern, represented by Nedbo Construction, Inc. Tritt Residence DR804-0227 Final review of a minor alteration 1901 Buffehr Creek Road/Lot 33E, Buffehr Creek Subdivision Applicant: Richard Tritt, represented by J & M Enterprises Eagle River Water and Sanitation District DRB04-0300 Final review of a minor alteration 846 Forest Road/Tract D, Vail Village Filing 2 Applicanl: Peter Miller, ERWSD Hinz Residence DR804-0291 Final review of a residential addition 1460 A Greenhill CourUlot 20A, Glen Lyon Applicant: Pamela Hinz Petersen Residence DRB04-0324 Final review of a minor alteration '1481 Aspen Grove Lane/Lot 1, Block 2, Lions Ridge SuMivision Applicant: Nancy Petersen, represented by Daniel J. Frederick Village Center Association DRB04-0328 Final review of changes to approved plans 124 Willow Bridge Road/Lot K, Block 5E, Vail Village Filing 1 Applicant: Village Center Association, represented by K.H. Webb Architects Dobson lce Arena DRB04-0329 Final review of a minor alteration 321 Meadow Drive/Lot 5, Block 1, Vail Lionshead Filing 1 Applicant; Town of Vail Vail Resorts/Holy Cross Parking Lot DRB04-0204 Final review of a minor alteration 923 Soulh Frontage Road WesVUnplatted Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Whiterock Properties, LLC Residence DR804-0231 Final review of a new sign 736 Forest Road/Lot 11, Block 1, Vail Village Filing 6 Applicant: Whiterock Properties, LLC, represented by Alan Goncharoff Clare Clare Clare Clare Clare Clare Matt Clare Bitl Matt Joe o VailMaintenance Buildings DRB04-0331 Matt Final review of minor changes to building 923 South Frontage Road/Tract B, South Frontage Road Subdivision Applicant: Mauriello Planning Group Stone Residence DRB04-0332 Joe Final review minor changes to building 4542 Streamside CircleiLot 16, Bighorn 4th addition Applicant:T.A. Beck Roofing Inc. Dunning Residence DRB04-0298 Elisabeth Final review of a minor alteration 1461 Greenhill CourVlot 7 Glen Lyon Applicant: Peter B. and Lucy F. Dunning Lamb Residence DRB04-0260 Matt Final review of a residential addition 31 30 A Booth Falls CourVlot 6, Block 1 , Vail Village Filing 12 Applicant: George and Lizette Lamb VailMountain School DRB04-0279 Clare Final review of changes to approved plans 3000 Booth Falls Road/Lot 12, Block 1, VailVillage Filing 12 Applicant: Vail Mountain School, represented by Mauriello Planning Group LLC Robason Residence DRB04-0243 Matt Final review of changes to approved plans 1109 Sandstone Drive/Lot 5, lndian Creek Townhomes Applicant: Randy Robason, represented by Steven Riden, AIA Baker Residence DRB04-01 81 Final review of a residential addition 4126 Columbine Drive, Unit B/Lol16, Bighorn Subdivision Applicant: Kustom Kastles, Dan A. Dunn The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour nolification. Please call479- 2356,Telephone lor the Hearing lmpaired, for information. Clare o Previous DRB Comments Regarding the Gore Creek Place Residences for July 7n 2004, meeting. April27.2004 Meetinor What is the architectural character structures and truss elements that you are trying to achieve? o What is happening in the area between the Marriott and the Gore Creek Residences? Previously it was stated that area would become a landscaped area? No plans were included which depict whal occurs in this area.. The proposed units need to have more varialion between them. The need to be less homogeneous, The should look like they are older and additions have been made over time.r The units have the "classic" duplex look which is unacceptable.. The roof ridges need more variation between units. Some should move up or down. ln addition some or all of the roof ridges should be rotated lo be primarily easVwest. The roof masses will help set the tone of the development.o The previous conceptual plan integrated clipped-hip roof forms and a little more variety.. The differences between the buildings should be more than just cosmetic.. The mass of the buildings should vary,. Roof pitches could vary to help distinguish the homes.r The proposed stone is wonderful. Great lo see something different than the standard stone which are proposed.r Needs to be more variation in the stucco colors.r The entry to the parking structure should be redesigned to bring the roof out over the cars. The proposed rool design appears awkward. Redesign the roof to perhaps be a shed roof. The use of a gable between lhe walls of the entry creates "contained feeling".r Several of the proposed hot tubs are 1oo close to the bike path. They should be eliminated or relocated to be potentially on the proposed decks. June'16.2004 Meetinoo The new windows are better than was previously depicted.o The gable details are better than previously depicted.r There was a translation problem from the renderings to the CAD drawings.. The stone pilasters need to be more substantial as depicted in the artist renderings.. The chimneys on the new plans are shorter and stucco for the previous plans.. The trim around the windows needs to be "heavie/'.. The flower boxes have been removed from the renderings to the CAD drawings.. The siding on the CAD drawings was reduced in many areas.. The DRB directed the applicant to examine the garage entry. The garage entry is important and the applicant should try to incorporate more of a sense of arrival. !Iut\ii# General Information: All p@ects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Depanment. The poect may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Requestr Approval of Gore Creek Residences at West Day Lot Location of the Proposah Lot: A-D and Lot 7 Block:_ Subdivision: Morcus Sub. Physical Address: 728 West Lionshead Circle Parcel No.: 210107207001-3.9 ( Eagle Co. Assessor at 970-328-8640 for parcel no.) Name(s) of Owner(s)l Vail Resorts Mailing Address: PO Box 7. Vail. CO 81658 Owner(s) Signature(s): Name of Applicantr Mailing Address: PO Box 2658. Edwards. CO 81632 Phone: 926-7575 E-mail Address: dominic@braunassociates.com Fax'. 925-7576 Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: wvw.ci.vail.co.us Xtr Type of Review and Feer tr Signs D Conceptual Review E Minor Alteration (multFfamily/commercial) tr Minor Alteration (sing le-family/duplex) I Changes to Approved Plans n Separation Request New Construction $650Addition $300 $50 Plus $1.00 per square foot of total sign area. No Fee $2s0 For construction of a new building or demo/rebuild. For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining wallt etc. $20 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee -l O Chicago Title Insurance Company ALTA COMMITMENT Schedule A Property Address: MARRIOTT MOUNTAIN RESORT AND SPA 1. Effective Date: August 15, 2001 at 5:00 P.M. 2. Policy to be ksued, and Proposed Insured: Information Binder Proposed Insured: TO BE DETERMINED Our Order No. VC273511 Cust. Ref.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4 psg gimple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HMC ACQUISITTON PROPERTTES, INC., A DELAWARE CORPORATION 5. The land referred to in this Commitment is described as followsl SEE ATTACHED PACE(S) FOR LEGAL DESCRIPTION Our Order No. YC2735ll tEGAI. DESCRIPTIOTII PARCEL I: CONDOMINIUM LODGE UNIT, THE MARK/LODGE IN ACCORDANCE WITH THE AMENDED DECLARATION OF CONDOMINIUM FOR THE MARK/LODGE RECORDED OCTOBER 17,1918IN BOOK 276 AT PAGE 606 AND MARCH 22, I9'gIN BOOK 283 AT PAGE 344 AND THE CONDOMINIUM MAP FOR THE MARK/LODGE RECORDED MARCH N, I974IN BOOK 233 AT PAGE 930 AND THE AMENDED PLAT OF THE SITE PLAN FOR THE MARK/LODGE RECORDED OCTOBER 17. 1978 IN BOOK276 AT PAGE 607, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: A PART OF LOT 4, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING AND PART OF LOTS C AND D, MORCUS SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT C: THENCE ALONG THE LINE COMMON TO SAID LOT C AND LOTS A AND B, MORCUS SUBDIVISION. SOUTH 16 DEGREES 17 MINUTES 2I SECONDS EAST A DISTANCE OF 399.60 FEET; THENCE NORTH 73 DEGREES 42 MINUTES 37 SECONDS EAST A DISTANCE OF26.69 FEET; THENCE NORTH 16 DEGREES 17 MINUTES 00 SECONDS WEST A DISTANCE OF 3.15 FEETr THENCE NORTH 66 DEGREES 24 MINUTES 00 SECONDS EAST A DISTANCE OF 210.00 FEET; THENCE NORTH 22 DEGREES 38 MINUTES 4l SECONDS WEST A DISTANCE OF 140.10 FEET: THENCE NORTH 74 DEGREES 2l MINUTES 19 SECONDS EAST A DISTANCE OF 135.68 FEET: THENCE NORTH 06 DEGREES 34 MINUTES 15 SECONDS WEST A DISTANCE OF 160.00 FEET; THENCE SOUTH 83 DEGREES 25 MINUTES 45 SECONDS WEST A DISTANCE OF 260.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST LIONSHEAD CIRCLE; THENCE ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 129.67 FEET AIONG THE ARC OF A 392,00 FOOT RADIUS CURVE TO THE LEFT AND WHOSE CENTRAL ANGLE IS 18 DEGREES 57 MINUTES IO SECONDS AND WHOSE LONG CHORD BEARS SOUTH 87 DEGREES 18 MINUTES 35 SECONDS WEST A DISTANCE OF 129.08 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: CONDOMINIUM TJNIT NOS. A THROUGH L, INCLUSIVE, AND THE LODGE UNIT THE MARK RESORT AND TENNIS CLUB (A CONDOMINIUM) IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION RECORDED MARCH 14, 1980 IN BOOK 3OO AT PAGE 183, AND THE CONDOMINIUM MAP RECORDED MARCH 14, I98O IN BOOK 3OO AT PAGE I84, COUNTY OF EAGLE, STATE OF COLORADO. ..: ALTA COMMITMENT ScheduleB-Sectionl (Requirements) Our Order No. VC273511 The following are the requirements to be complied with: Item (a) Payment to or for the account of the granton or mortgagors of the fuIl consideration for the estate or interest to be insured. Item O) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirenents, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 @xceptions) Our Order No' VC273511 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: l. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commiment. 6. Taxes or special assessments which are not shown as existing lierx by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, ifany.. 8. In addition, the owner's policy will be subject to the mongage, if any, noted in Section I of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24. 1904, IN BOOK 48 AT PAGE 503 AND SEPTEMBER 4. 1923 IN BOOK 93 AT PAGE 98 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24,1904, IN BOOK 48 AT PAGE 503 AND SEPTEMBER 4. 1923 IN BOOK 93 AT PAGE 98 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO TI{E EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15,1971,IN BOOK221 AT PAGE 991 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12. 1977 . IN BOOK 258 AT PAGE 453. 12, UTILITY EASEMENT 5 FEET IN WIDTH ALONG THE SOUTH LOT LINE OF LOT 4 AND LOT 5, BLOCK I, IO FEET IN WIDTH ALONG THE EAST LOT LINE OF LOT 4, BLOCK 1 AND A PORTION OF THE SOUTHERLY MOST CORNER OF LOT 7. BLOCK I AS SHOWN ON THE ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No. VCn3Sll The policy or policies to be issued will contain exceptions to the following unless the same ar€ disposed of to the satisfaction of the Company: RECORDED PLAT OF VAIL/LIONSHEAD. THIRD FILING. 13. PEDESTRIAN EASEMENT 15 FEET IN WIDTH ALONG THE SOUTH LOT LINE OF LOT 7, BLOCK I VAIL/LIONSHEAD. THIRD FILING AS SHOWN ON THE RECORDED PLAT. 14. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCTATION. INC. IN INSTRUMENT RECORDED APRIL 19, 1978, IN BOOK 269 AT PAGE 202 AND AUGUST 30, 1982 IN BOOK 344 AT PAGE922 AFFECTS LOT 7. BLOCK I VAIL/LIONSHEAD. THIRD FILING AND LOT C MORCUS SUBDIVISION 15. UTILITY EASEMENT AS GRANTED TO CABLEVISION ASSOCIATES VI, D/B/A HERITAGE CABLEVISION INC. IN INSTRUMENT RECORDED MAY 20. 1983. IN BOOK 360 AT PAGE 42. 16. EASEMENTS, RESERVATIONS, AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL/LIONSHEAD FIFTH FILING. 17. UTILITY EASEMENT AFFECTING THE SOUTHWESTERLY PORTION OF LOT D, MORCUS SUBDIVISION, AS SHOWN OR RESERVED ON THE PLAT OF MORCUS SUBDIVISION. 18. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGR3EMENT BY AND BETWEEN THE MARK-LODGE CONDOMINIUM ASSOCIATION INC., A NOT-FOR-PROFIT COLORADO COPORATION AND M-K CORPORATION, A COLORADO CORPORATION RECORDED OCTOBER r7, 1978 rN BOOK 276 AT PAGE 608. AFFECTS PARCELS I AND 3 19. TERMS, CONDITIONS AND PROVISIONS CONTAINED IN AGREEMENT BY AND BETWEEN M-K CORPORATION, A COLORADO CORPORATION AND THE MARK-LODGE CONDOMINIUM ASSOCIATION INC. RECORDED OCTOBER 17. 1978IN BOOK 276 AT PAGE 609. AFFECTS PARCELS I AND 3 ALTA C OM M ITM ENT ScheduleB-Section2 (Exceptions) Our Order No. YC2735ll The policy or policic to be issued will contain exceptiors to the following unless the same arre disposed of to the satisfaclion of the Company: 20. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AND ENCROACHMENT AGREEMENT BY AND BETWEEN THE MARK RESORT AND TENNIS CLUB ASSOCIATION, INC., A COLORADO NOT FOR PROFIT CORPORATION AND M-K CORPORATION. A COLORADO CORPORATION RECORDED TULY 27.1982 IN BOOK 343 AT PAGE 463. AFFECTS PARCELS 2 AND 3 21. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT BY AND BETWEEN THE M-K CORPORATION, A COLORADO CORPORATION AND THE MARK RESORT AND TENNI CLUB ASSOCIATION, INC., A COLORADO CORPORATION RECORDED IULY 2'I ,1982 IN BOOK 343 AT PAGE 464. ATFECTS PARCELS 2 AND 3 22. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, CONTAINED IN AMENDED DECLARATION OF CONDOMINIUM FOR THE MARK/LODGE RECORDED OCTOBER I7 , 1978, IN BOOK 276 AT PAGE 606 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 22. 1979.IN BOOK 283 AT PAGE344. UPON RECEIPT OF A WAIVER OF THE RIGHT OF FIRST REFUSAL CONTAINED IN SAID DECLARATION THE FOLLOWING NOTE WILL BE ADDED TO THE POLICY TO BE ISSUED HEREIN: "THE TERMS, CONDITIONS AND PROVISIONS OF THE RIGHT OF FIRST REFUSAL PROVISION HAS BEEN CONPLIED WITH." 23. EXISTINGLEASES AND TENANCIES. 24. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF THE MARK RESORT AND TENNIS CLTJB CONDOMINIUMS RECORDED MARCH 14, I98O IN BOOK 3OO AT PAGE 184. 25. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP FOR THE MARK LODGE RECORDED MARCH 27,1974IN BOOK 233 AT PAGE 930 AND AMENDED PLAT RECORDED OCTOBER 17,1978IN BOOK 2'16 A'I PAGE ffi1. ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No, YC2735ll The policy or policies to be issued will contain exceptiors to the following unless the same are disposed of to the satisfaction of the Company: 26, ENCROACHMENT OF CONCRETE AND POOL ONTO UTILITY EASEMENT AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED JUNE 19. I9MBY INTER-MOUNTAIN ENGINEERING LTD.. PROJECT NO. 92255 S. 27. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF MANAGEMENT AGREEMENT RECORDED MAY 18, 1999 AT RECEPTION NO. 696363. o o Chicago Tille Insurance Company ALTA COMMITMENT Schedule A Our Order No. VC2735l l.l-2 Cust. Ref.: Property Address: WEST DAY LOT 1. Effective Date: September 13, 2001 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: 'ALTA' Owner's Poltcy 10-17-92 Proposed Insured: THE VAIL CORPORATION, A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effec'tive date her€of vested in: THE VAIL CORPORATION, A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: TRACTS A AND B, MORCUS SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. o ALTA COMMITMENT Schedule B - Seclion I @equirements) Our Order No. VC273511.1-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or morlgagors of the full consideralion for the estate or interest to be insured. Ilem ft) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Ilem (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLTCY WILL BE ISSUED PURSUANT HERETO. o o ALTA COMMITMENT ScheduleB-Section2 @xceptions) Our Order No. Vc2735ll-l'2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by lhe public records. 2. Easements, or claims of easements, nol shown by the public records. 3. Discrepancles, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and nol shown by the public records. 5. Defects, liens, encumbrances, adverse claims or olher matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage lhereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's poliry will be subject to the mortgage, if any, noted in Section I of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTMCT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24. 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503. SEPTEMBER 4. 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK I23 AT PAGE 61?. I 1. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, I97I,IN BOOK 22I AT PAGE 99I AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 12. 1977 IN BOOK 258 AT PAGE 453. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ONo o ALTA COMMITMENT ScheduleB-&ction2 @xceptions) Our Order No. V C273511.1-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: T}IE RECORDED PLAT OF VATULIONSHEAD. THIRD FILING. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF MORCUS SUBDTVISTON. o o LAND TITLE CUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS l0-ll-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such disnicts may be obtained from the Board of Coung Commissioners, the County Clerk and Recorder, or lhe County Assessor. Note: Effective September l, 1997, CRS 30-10-406 requires thal all documents received for recording or filing in the clerk and recorder's office shall contain a top margin ofat least one inch and a left, right and botlom rnargin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, lhe requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at lhe lop margin of the document. Note: Colorado Division of Insurance Regulalions 3-5-1, Paragraph C of Article VII requires that " Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entig conducts lhe closing and is responsible for recording or filing of legal documents resulting from the lransaction which was closed". Provided that Land Tille Guarantee Company conducls the closing of the insured transaclion and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this cornmitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Cornpany must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain constmction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any addilional requirements as may be necessary after an examination of the aforesaid information by the Cornpany. No coverage will be given under any circumslances for labor or malerial for which the insured has conlracted for or agreed to pay. Note: Pursuant to CRS l0-ll-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a subslantial likelihood that a third party holds some or all interest in oil, gas, other rninerals, or geothermal energy in the property; and B) That such mineral eslate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance inslrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fullv satisfied. Folm DISGOSURE 9/A2/ \rer 4.0 o o o JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July l, 2001 We recosnize and resoect the orivacv exDectalions of todav's consumers and the requirements of applicable federal and state oriv"acv laws, Wb believd that diakihe vou aware of liow we use vour non-public personal infoimation ("Personal Inforinalion""). and lo whom it is disclosed,'will form the basis for a r6lationshid of truit between us and the public that we servd. This Privacy Statement provides thal explanation. We reserve th6 right to change this Privacy Statement from time to tinie consistent-with applicable-privacy laws. In the course ofour business, we may collect Personal Information about you from the following sourc€s: * From aoolications or olher forms we receive from vou or vour authorized representative:* [rom ybtr transactions with, or from the services 6eing p6rformed by, us, our affiliates, or others;* From bur inlernet web sites;* From the public records maintained by governmental entities that we either obtain directly from those entities. oi from our afhliates or otheisland* From consumer or other reporting agencies. Our Policies Regarding the Protection ofthe Confidentiality and Security of Your Personal Information We maintain ohvsical. electlonic and procedural safesuards to Drotect vour Personal Information from unauthorized access or intrirsion. We limit access tri the Personal Iiformation onlv 16 those employees who need such access in connection with providing products or services to you or for other li:gitimaie businesl purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share vour Personal Information with our affiliates, such as insurance companies, agenls, and other real estate s"ettlemerit sewice providers. We also may disclose your Personal lnformatiof : * to asents. brokers or reoresentatives to nrovide vou with services vou have requested;* to tfiird-party conlractofs or.service proi,iders wlro provide servicds or perform marketing or other function's ori our behalf: and* to others with whom we enler into joint marketing agreements for products or services that we believe you may find of interest. In addition. we will disclose vour Personal Information when vou direct or qive us permission, when we are required bv law lo do so. or when we"susnect fraudulenl or criminal aclivities. We al-so may disclose your Personal Iiformation whin otherwise perrhitted by applicable privacy laws such as, for exa"mple, whe-n disclosure is needed to enforce our rights arising irut of any agrdement, transaction or relationship with ybu. One of thg important responsibilities of some of our affiliated companies is to record documents in the public domain. Such-documentS may contain your Personal Information. Right to Access Your pe.sonal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford vou the rieht to access vour Personal Information and, under certain circumstances, to find out to whom vour Persorial Informltion has beei disclosed. Also, certain states afford you the right to request correcliod, amendment or deletion of your Personal Information. We reserve the right, wherb permittbd by law, to charge a r6asonable fee to cover the c6sts incurred in responding to such requests. " All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title lnsurance Company shall b'e in writing, and delivered to'the following address: Privacv Compliance Officer FideliW Natirinal Financial, Inc. 331P, g*s.Tf :'ci"df, ? to Multiple Produc'ts or Services If we prov_ide yoq wlth more than one financial product or service, you may receive more than one privacy notice from ris. We ailologize for any inconvenience this may cause you. Form PRrV. POL.Cffi I gNrzgR.AUIN ASSCCIIAIIES, IINC" PLANNING and COMI'lUNlTY DEVELOPI4ENT January 26,2004 Mr. Warren Campbell Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Gore Creek Place Dear Warren: Enclosed you will find our revised PEC submittal for Gore Creek Place. As you know, Gore Creek Place is the first phase in the development of the West Day Lot. Plans for the comprehensive development of the West Day Lot were previously submitted to the Town on July 7,2003 and an addendum to this submittal was made on November 3,2003. The DRB has conducted conceptual reviews of the project on December 17th and most recently on January 2l't. It is our understanding that subject to your review of this submittal the PEC review of Gore Creek Place will be scheduled for Februarv 9'n. O Information submitted with this amended application includes: 1. Existing conditions map 2. Site plan 3. Typical building elevation and composite elevation 4. Landscape plan 5. Grading plan 6. Building height diagrams 7. Sun/shade analysis 8. Title Report As you know, the Town Council recently approved a text amendment to the Lionshead Mixed Use-l District which allows for single and two-family dwellings subject to approval of a conditional use permit. Prior to approving such use the PEC shall consider review criteria specific to this use. The following is our analysis of how this proposal conforms to these specific criteria: I . Developed as part of a coordinated mixed-use development: Gore Creek Place is Phase I of the multi-phase development of the West Day Lot and has been designed as an integral element of the rest of site. The overall site plan submitted to Edwards V llage Center; Surte C-209 0 I 05 Edwards Viliage Boulevard Post Ofiice Box 2658 Edwards, Colorado 8 1532 Ph. - 97A926.7575 Fax - 970.976.7575 www.braunassoctates.com 2. the Town on July 7 ,2003 demonstrates how Gore Creek Place relates to the balance of the West Day Lot. Vail Resorts is very much aware of the fact that proceeding with Gore Creek Place as a first phase of the West Day Lot will begin to establish very well defined parameters for how the balance of the site can be developed. However, considerable effort has gone into the desigrr ofthe site to ensure coordination between the various development phases The low-density residential scale is advantaseous to create compatibilitv with or a transition to other low densitv residential development in the vicinity: The West Day Lot is located immediately adjacent to the town's stream tract and to adjoining low-density residential development. The parcel is zoned Lionshead Mixed Use - I and allows for high density development with heights of up to 80.5'. The driving factor behind design of Gore Creek Place is provide a more graceful transition between high density development and the adjacent town stream tract and neighboring low- densityresidential. The duplex residences proposed are intended to provide this transition. The single-family and two-family residences are desimed to the seneral scale and character of residences in other sinele-family and two-family zone districts: and Buildings proposed for Gore Creek Place are 2 to 2 tA stoies in height. The buildings with "read" as duplex or single family homes and the scale and massing is very much in keeping with the character of development in the neighboring adjoining duplex zone district. Proposed ridge heights are generally consistent with height limits for the single-family and duplex zone districts. 4. The proposed develooment is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan. The Lionshead Master Plan is implemented in large part through the Lionshead Mixed Use I and 2 Zone Districts. The development proposed for Gore Creek Place is consistent with the standards outlined in the Lionshead MU -1 district and as such is consistent with the intent and objectives of the master plan. Refer to Vail Resort's original submittal for the redevelopment of Lionshead for additional discussion of how this development is consistent with these objectives. J. I trust this material is sufficient for you to complete your review of this application. As always, I am available at any time to discuss this project and can provide you with any additional information you may need. Sincerely, Thomas A. Braun CC: Jack Hunn Todd Goulding Jay Peterson Ned Gwathmev (Drown i ' l -.---i - .' ,- \.'\ _ . -- .1, 'r.r , r_/u\J \\.\\..2 I .,'u OFVAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us November 26,2003 Mr. Jeffery Bass Shubin & Bass 46 S.W. '1't Street 3'd Floor Miami, FL 33130 Re: Vail Resorts Redevelopment, Lionshead Dear Mr. Bass, Enclosed please find copies of the applications and other documentation currently in house for review by planning. Note that there is constant activity on this project. You can stay updated with the Planning and Environmental Commission and Design Review Board meetings via our web site, vvraru.vailoov.com. lf you have questions you may direct them to Warren Campbell, the planner assigned to this project, 970479-2148 or email wcampbell@vailqov.com . I have attached an invoice for the copies in this package. Please remit to Town of Vail, Community Development Department. lf you need anything further please contact myself or Warren Campbell. Sincerely, .ttAlYt7^,*Ua*y'&/r- Lynne Campbell Office Manager Community Development Enclosures cc: Warren Campbell {g *"n"uornro o rown D ep artment of C ommuni ty D eve lop me nt 75 South Frontage Road Vail, Colorado 81657 970-479-2I 38 Fitx 970-479-2452 www.ci.vail.co.us Invoice Date: tsill to: Shubin & Bass 46 S.W. 1" Street 3'd Floor Miami, FL 33130 305-381-6060 November 26,2003 Re: Vail Resorts applications for Lionshead redevelopment 324 copies at S.25lcopy t hour staff time State Tax (4.4%) Local Tax (4%) Conference Center Tax (.5%) Total amount to invoice: 81.00 17.00 3.56 ?)4 .41 sl05.2l PLf,ASE RJMIT TO TOWN OF VAIL, COMMUNITY DEVELOPMENT DEPARTMENT, T5 SOUTH FRONTAGE ROAD, VAIL, CO 81657. {S *"n"uo"no, ffi I0t4ni0I y,{[wry NEW CONSTRUCTION SUBMITTAT REQUIREMENTS General Information: The review process for new construction normally requires two separate meetings of the Design Review Board: a aonceptual review and a final review, Applicants should plan on presenting their development proposal at a minimum of two meetings before obtaining final approval. I, SUBMITTAL REOUIREMENTS / stamped Topographic Survey* Jd site and Grading Plan* 3d. Landscaoe Planx 1 * **t:L:*.'#"1Til.,r..03", and specirications. l Also Dh Ath q / nrinit".tui.l Floor Plans* r \ -t I to,Mo Lighting Ptanx and cut-sheet(s) for proposed fixtures c4"1 Ar4"{ try .T #-o Titte report, including Schedules A & B toverify ownerships and easementsl f"bn^ttE / c nAC. o Photos ofthe existing site and adjacent structures, where applicable. t-l' A , ,ro Written approval from a condominium association, landlord, and joint owner, if applicable, N/q.o Site-specific Geological Hazard Repoft, if applicable* o The Administrator and/or DRB may require the submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. Please submit three (3) copies of the malerials noled with an asterkk (*). Tppographic surveyi d, Wet stamp and signature of a licensed surveyor6 Date of survevy' nortt arrow and graphic bar scale d Scale of 1"=10'or t"=20') d. Legal description and physical address( Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40o/o, _ and floodplain)/ Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the survey d Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner. Show right of way and property lines; including bearings, distances and curve information. Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions. Spot Elevations at the edge of asphalt, along the street frontage of the propefi at twenty-five foot intervals (25'), and a minimum of one spot elevations on either side of the lot. Topographic conditions at two foot contour intervals Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a point one foot above grade. Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.). d { c dd { Page 3 of t2l1Il10102 d d 6 d All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.). Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils) Watercourse setbacks, if applicable (show centerline and edge of sffeam or creek in addition to the required stream or creak setback) Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site. Exact location of existing utility sources and proposed service lines from their source to the structure. Utilities to include: CableTV Telephone Sewer Water Gas Electric { d {cd d d d- Size and type of drainage culverts, swales, etc.cf Adlacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250'in either direction from propefi. Site and Grading Plan: t' scale of I"-20'or larger EO6 Property and setback lines d Existing and proposed easemenGC Existing and proposed grades o/ Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indicate the foundation with a dashed line and the roof edge with a solid line. o/ Rll proposed roof ridge lines with proposed ridge elevations. Indicate eristing 1nd prgqgsgct-.9r!fjr.?^, 0, shown underneath all roof lines. This will be used to calculate building height. 5t9, r\YDr{o&vv< d Proposed driveways, including percent slope and spot elevations at the property line, garage slab and as necessary along the centerline of the driveway to accurately reflect grade. o A 4'wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill - direction./ Locations of all utilities including existing sources and proposed service lines from sources to the structures. Proposed surface drainage on and off-site. Location of landscaped areas. Location of limits of disturbance fencing Location of all required parking spaces elevation drawings shall be provided on the plan or separate sheet. Stamped are required for walls between 4'and 6'feet in height. B Delineate areas to be phased and appropriate timing, if applicable Landscape Plan: E/ Scale of 1" = 20' or larger ff Landscape plan must be drawn at the same scale as the site plan, d Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including new location), and to be removed, Large stands of trees may be shown (as bubble) if the strand is not being affected by the proposed improvements and grading.q' Indicate all existing ground cover and shrubs. ry/Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant material including ,- grouno cover. d/ Delineate critical root zones for existing trees in close proximity to site grading and construction. d Indicate the location of all proposed plantings. o The location and type of existing and proposed watering systems to be employed in caring for plant material following its installation. Page 4 of l2l0llrclDz ;l"il*:,:ffi::::L...,",ulooouuofdumpsterenc|osure' Retaining walls with proposed elevations at top and bottom of wallsi A detailed c\ofs-section aid \elevation drawings shall be provided on the plan or separate sheet. Stamped engind{ring drawings Yd";A 4 qru^Xzarlo [l U t' Existing and proposed contour lines. Retaining walls shall be included with the top of wall and tne bottom of wall elevations noted. Afcbitedu+al- Ff@r-DJans: d\saW-UE:=por larger; 1/4" is preferred d Floor plans of the proposed development drawn to scale and fully dimensioned. Floor plans and , building elevations must be drawn at the same scale./ Clearly-indicate on the floor plans the inside face of the exterior structural walls.of the building.d, Label floor plans to indicate the proposed floor area use (i.e. bedroom, kitchen, etc.).d One set of floor plans must be "red-lined" indicating how the gross residential floor area (GRFA),was calculated. See lltle 12, Chapter 15 - Gross Residential Floor Area fqr regulations . l nftvsd ,d Provide dimensions of all roof eaves and overhangs. 5.4- fpDl plA/\2 Architecturalflervgtions: I V Scale o@lB":=Jhr larger; L/4" is preferred d All elevations of the proposed development drawn to scale and fully dimensioned. The elevation drawings must show both existing and finished grades. Floor plans and building elevations must be drawn at the same scale.o If building faces are Broposed at angles not represented well on the normal building elevations, show these faces also. N;'{ -' d, Elevations shall show proposed finished elevation of floors and roofs on all levels.a/ All exterior materials and colors shall be specified on the elevations. '-\ o The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps,. meter locations, and window details. *o- Show all proposed exterior lighting fixtures on the building. m0il-d Illustrate all decks, porches and balconies.d Indicate the roof and building drainage system (i.e. gutters and downspouts). o, Indicate all rooftop mechanical systems and all other roof structures, if applicabb. N.A-d Illustrate proposed building height elevation on roof lines and ridges. These elevations should ,. coordinate with the finished floor elevations and the datum used for the survey.d Exterior color and material samples shall be submitted to staff and presented at the Design Review Board meeting. LighUngPtan: , I -\ . t t 'l'I | -{..o rndicate type, tocation and number of fixtures. Agl L<tY\tl sC41O, fl^O t but\4"14 D't/:JGMil> o Include height above grade, lumens output, luminous area I Io Attach a cut sheet for each proposed fixture. v II. IMPROVEMENT LOCATION CERTIFICATE OLC) Once a building permit has been issued, and construction is underway, and before the Building Depaftment will schedule a framing inspection, two 'copies of an Improvement Location Certificate survey (ILC) stamped by a registered professional engineer must be submitted. The following information must be provided on the ILC: o Basis of bearing and tie to section cornero All property pins found or seto Building location(s) with ties to property corners (ie. distances and angles)o Building dimensions, including decks and balconies, to the nearest tenth of a footo Building and garage floor elevations and all roof ridge and eave line elevationso All drainage and utility service line as-builts, showing type of material, size and exact locationo All easements Page 5 of rZl1tlrcl02 @re cAEv? nM - j-4t-e* PROPOSED LANDSGAPING '-mc4'nae ?2e 8oafr@lolt+ats'foapnu?* 7/5oA6esytpatu *vfrF6 al&.tilr / t o Mt a,++t+'t tev uanraf t<v t|lAet NtPop@* sFahn dte a4qA6* t7v . &ve cmP n).f n{u' Dr. A*6 ,,,P*tt"ste_J-g-9_ wLuyns4 tytot/^/f?t?r,/ utr.Qru se _ t ,Nut tEyyFeo* fi,oea 7o Minimum Requirements for Landscaping: Deciduous Trees -2" Cdiper Ooniferous Trees - 6' in height Shrubs - 5 Gal. Type Square Footage Pgr*6putrU U4@ 72@€F' l4Fpic aw€de .77oe tvfr]r/€_aqtgt_ L. t laaan cra"-r rY?EoFERosloN@NTRoL %X:ffir- 4-. / a c-. Hease specify other landscape features (i.e. retaining walls, fenc€s, swimming pools, etc.)g'topF ,fltfq,l../ a.trAod tJft.tA D ttt+7crr Ha-r+ wa 4q€ o') ro .5" o' to 8' € d? t, U^/6 PROPOSED TFEES AIIDSHRIES ail4JCg. E(ISTING TREES TO BE RET4OVED GROLT.ID@VER SOD SEED IRRIGATION Botanical Name fl4b6 3F. ,nc@ Common Name*rttt4€ ftouaqtb +rfal Size Z.t' e*L- Quantitv (.(., ftWlnr+r nn rl ry t Page 7 of 12106117103 VIAR 31. 2004 l2:08PV s70,VRDC__C0NSIRJC-l0N 0?0-R4q ,15R,'' " J;iiJi DESIGNS IAD N0. 6i5i-P, 2- PAGE A2 Slifer Designs Specification SheEh LTG.1 Ntma: Localron: Frol.cr l|0,; Itam Detclptioh: Fint l35ue ortc: Rcvl!lon oalc: V.hdotl Addnrt! ConL€tl Fhohai Flr: ll uttcturon Dana Productr 5026-22 Darc?lplion; Forqed lrOrr QuEnlityr FltlurrSlzc; 22"hx8.'wrtt.S" Fioiih: Dalryi6r9ai 100 weltB mer; 1 cdiAon bare Chrln Lcn6th: wclghtr n/s Shrdesirc: n/i Shad. Finl;h: Anriqur conmanLr All materl6l end melhodi ot construoton mus,compty wnn rn eppl,cabic ttre end lifc 4!! lnrteriEls rnd construqion must ba cohtrect qurllfy. Fobdcttor lo 'Any melol rrtnlead l08rj|sl rutl corrosion lnd Subnltlrl: Submh lvof rhede fabrlc!tion. 0loee 215 Mrln Strcot, Sutr. C-100 Edwtdr, CO t1632 Phon.t 970'rta5.8200, Frx: 970.S69,3211 \/RDC C0NSTRL]CT r0N 970-045_2358 ')t6'-wetztt SLIF T.R DES]GNS IAD 0.675i-P.3--. PAGE 6? Sllfcr Designa Speciticatlon Sheet!LTG'2 Fltrt bruD Dltel 3,20.01 Mlnultclurlr: Dana Product: Cuglom Pgndant to metch I Dcrcripticn: Forgod llon Lsntctn pcndNnt outntlty: per liohtins g-lgl Flnure 6lz. j 29" h x 10.3" w Fhl.h: Wbfigc; t00 wetts mari 1 edison bale soctel Chlln L.noth: Provide 5'ofohlin to Wclghl: n/agMd.sirc: yg ghrrh Flnhh: Antlque Seody Gtrcs CommentE: All rhalltlEl ond molhod5 of with all appllobla llrc and llfc !etetv codcr, consl?uollon must b! conuoct oullhv. Febrlootor io melol gsns musl ba 9ubmlnrl:linish &/or ahade rlmdEr fot SIfer D".,nna Or'or ,O 216 Ivlrin Srlcr, Soitc C-!00 Edwtds, CO 81632 Phonr: 970.D6.0200, frr : 97 0,569.3221 UTILITV LOCATTON VEUFICATTON This form is to verlfy servlce availabllltY and location for new constructlon and should b€ used In conjunctionwlthpreparingyt,ji,,iiitV'pft.lnaschedutinSinstaltaiions. Thelocationandavailabilityof utilities, whether ths/ are rnoin'tiu'n[li[[i or proposea linls' must be apprwed and verlfied by the following utrllties for the accornpanylng site Plan, rylrslrlrrr Date QWEsr 970.3€.td*38 (tel) tl tc8' 68l"o 970,3EtfS2'7 (fax) iEg+*8NA{,P" 6'fo,-)Contact: J plffessuaoees NA HOLY CROSS ELECTRIC ASSOC. 970.949,S892 (teD 970.949,4566 (fax) Contact: Ted Husky EXCEL ENERGY /q:o\ 303.571.7518 (ED 262''{oo } 303.57r.7877 (fax) i.ntua, na"rieiieoTr" O rteL EA6LE RIVER WATER & SANITATION DISTRICT' 970.475.7480 (tel) 97Q.476.4089 (fax) Contacti Fred Haslee i{rdrff€*oB*}lo ca n4c Asr 97O,949.t724 x 112 (tel) 970.949.9t38 (fax) Contact: Floyd Salazar 3. These verificatlons do not relleve the conuaqtor of tr19.qs9911ullb/ 19 :!811j *l[y"t;t"i"i:I from the Oepa*rnent of Public Works at the Town of Vail' P$;[ljri;il.ff0:itii:';;i#;'v #;;;;i;ilrn Urefouvn orvaiL A bqirdrns Dermrlis-noLa frEiilwav oirhit andhust ue obtalned semriGlv' Page 8 of 12l0llL0l02 NOTEs: l. If the utility vertncation form has signatures from each of lhe rnlllFy compqnies' and no comments are made direcfly on tne brm, the Town wilt presume tnof tttu* aie no problems and the development can Procced. Z, If a uultfy company has concerns with-the Plopo:ed construction, the utility rePresentahve shall note dlrectly on the udllrY verlficatipn form thlt tntrt-G i ptufem which l19d: y be resolved' The issue should then uobetaitea in an altached ntrer to tnd Town of Vall' However' please keep in mind that it is the regponslbality of the utitity .omp*i uno-trri applicant to resolve ldentified problems. .i-lo'ocl .ptease prDvide a slte plan, floor plan, and elevations when obFlnlng apProval from the Eagle River Water & Sanlta'tion Distrlct' Flre ilow needs must be addressed' Authorized Sionatute Date QWEST 970.3€+,0$8 (tel)cl to6 ' 6$bo 970.3f,+€217 (fax) qEg'+",ffiilfu6-10{.-) Pq NA HOLY CROSS ELECTRIC ASSOC. 970.9a9.5892 (tol) 970.949,4566 (fax) Contact: Ted Husky aCEL ENERGY /qao\ 303.571.7518 (tev Z bZ''1Oo I 303.571.7877 (fax) contact: Fad*dh{r3-r ^ O rtetu EAGLE RNER WAT€R & SANITATION DISTRICT' 970.476.n80 (tel) 970.476.1089 (fax) Conlact: Fred Haslee -fr'&f-BROAEDAilD Co lt, c asr 970.949.1224 x 112 (tel) 970.949.9138 (fax) Contact: Floyd Salazar rplease provide a site plan, floor plan, and elevations when obtaining aPProval frorn the Eagle River Water & Sanitation District. Fire flow needs must be addressed. NOTES: G.^*Otz Q*o- Q*otr""-\ U?IIITY LOCATION VERIFICATION This form is to verlfy service availabltlty and location for new construction and should be used in coniunction with preparing your utility plan and scheduling installations. The location and availability of utillijes, whether iney are main funf lines or proposed lines, must be apprwed and verifred by the following utilities for the accornpanying srte plan. \"n\M[- ?q-o't If the utility verification form has signaturcs from each of the utility companies, and.no commenls uti maOe 'air.A[ on the form, tiu Town will Presume that there are no problems and the development can proceed. If a utility company has concerns tYlth the proposed construction, the utility tepresenhtive shall note directly.on the utility verification fprminai there is a problem $i-tl l:edt to be resolved' The issue should then be detailed in an attached lette. to the Town of Vail. However, please keep in mind that it is.the responsibility oF the utility company and the applicant to ]esolve identified problems. These veriflcatlons do not relieve the cont/actor of the responsibility to obEin a Publlc Way Pennit r-r, tr,. o.purtn.nt of Public works at the Town 0f vail. tlr;lity localions qu diaqing in any public righr-of.way or easement within the Town of vail. A bulldino Dermit is not a Publig vvav oermit and Outbe obtainedlepg'?tely' 1. 3. UTIUTY LOCATION VERIFICAT: ON Thls form is to verlry service avallability and location for new construction and should be us€d ln conjunction with preparirq your uhlity plan and scheduling installations. The locatlon and availabillty of utilities, whetrer they are main trunk lines or proposed lines, must be approved and verined by the following utilities for the accompanylng slte plan. Authorizcd Siqnature Date QWESt' 970.3€{d}38 (tel) (l bg '68bo 970.341f2t7 (fax) NA HOLY CROSS ELECTRIC ASSOC. 970.9a9.5892 (tel) 970.949.a566 (rax) Contact Ted Husky ilcEL ENERGY /q7o) 303.571.7518 (tet) zaz' 9ool 303.571.7877 (fax) contacti Pa*iterisgS'^ O'eelr'- EAGLE RIVER WATER & SANTTATION DISTRICT* 970.475.7a80 (tel) 970.476.4089 (fax) @ntact: Fred Hasle€ ?T&1'BfiOADEAT+D C O /14 C AS T 970 94e.1224 x 112 (rer) 970.s49.9138 (fax) Contactl Floyd salazar ?- lo:-Q 4 rPlease provide a site plan, floor plan, and ele/ations when obtaining approval from tie Eagle River Water & Sanitation Dlstrlc. Fire flow needs rnust be addressed. NOTEST 1, If the utility verification form has signatur6 trom each of the utility companies, and no comments are made dlrectty on the form, the Town wtll presume that there are no problems and the development can proceed, 2. If a utility company hes concerns with the proposed construction, the dillty representative shall note directly on the utllity verification brm that therr is a problem which needs to be resolved. The issue should then be detailed in an atached letter !o the Town of Vail. However, please keep in mind that lt ls Ure responsiblllty of the utility company and the applicant to resolve identified problems, 3. These verifications do not relleve the contractor ef the responsibility to obbin a Public Way Permit fiom the Department of Public Works at the Town of Vall, UtlllN locations must be obtalned before digging in any public rightof.way or easement within the Town of Vail. A buildrno qe-nTit is not-a Public Wav permlt and nqslbe oblained seoaratelv. Page 8 of l2llLlfillz H:r Og O4 O2:43p RLP I IIE ETIG I F.IEhII I IIG 9'./O9263390 Authorized Siqnaturc D:te P.z UTIIJTV LOCATION VERIFICATIOil This torm r3 to vetify seryice availability and location br new construction and should be used in conjunction wtth preparing your utility plan and scheduling insiallations. The laatbn and availability of ulilities, whether they are ;ain trunk lines or propose{ lines. must be approved and verified by the lotlowing utilities for the acompanying site plan. QWEST 970.3€'{S138 (tel) t{ (o0 'ltg-o 970.38t0itt7 (fax) E$'.iryhsAt"" 61ox) HOLY CROSS ELECIRIC ASSOC. 970.949.5892 (tel) 970.9c9.q565 (fax) Contact: Ted Husky DISTRICT' 970.475.7480 (tel) 970.176.4089 (fax) Contact: Fred Haslee -trrsircf,oADs t{o Co'qa asr 970.949.1224 x ll2 (tel) 970.949,9138 (fax) ConGct: Flovcl Salazar 3 ro o4 rplease provitle a site plan, floor plan, and elevatjons when obtaining approval fmm th€ Eagle R'iver Water & Sanitauon oisvict. Fire flow needs must be addressed. I{OTES: I If the utility veriftcrtion form has signatures from each of the utility companies' and.no comments are made difectly on the form, tie Town will prcunre that there are no problems and the ds/elogment can Proceed. 2, If a utility company has concerns with the proposed conslruction, the utility representative shall note directty on the utility verilication form that there is a probtem which needs bo be resolved' The issue should then be detaited rn an attached hner to the Town of Vail. flowever, please keep in mind that.it is the responsibility of the utllity comPany and the applicant to resolve identified firoblems. 3. Thes€ verificstions do no! relieve the conttactor of the responsibility to obtain a Public Way Permit from the oepartment of Public Works at the Town of Vail, Utilitv locatigns Pust.be obtai4ed before diggino an a ny public right-oFway or easernent within the Town of Vail. A buildino Dermit is not a Pubftc way oermrt and nlust be oDtained s€oaratelv. Page 8 of l2l0rll0l02 9?ae2633% Pffie.oz** TOTAL PAGE ' 01 NA EXCEL ENERGY 1q1e\ 303'57 t.7s 18 (ucll zbz' qoo 3 303.s71.7877 (fax) ?x$.FffifuzEi." o'uet( EAGLE RIVER WATER & SANITANON ACt;g sS FOg foyJr.\rlcr e 5- \"lruL 6e FtQv.,r. FoeEsr -ft$. r'nR 89 '44 14:52 flar O9 O4 O1:33p RLPINE ENGINEERING s?09263390 Authorized Siqnature Date P.? I l t UTILITY LOCATION VERIF:ICATION lI btT is to verify service avalhbillty and location for neyv construction and should be used inconjuilctiox with preparing your^utitityitan ana r.r'r.aurinf i"rtaltations. The location "nJiuiluuirty orutilitie5, ry1',.11,".. rhev are main _trunrc rihes or propor"J iinii, Lust be approved and verified by thefollowrng utrtities for the accompanying sile plan.' QWEsr 970.38+3138 (tet) q b0 . 6g/,0 970.3t+o257 (fax) cgEg:+B'fHRra^r6To._r Xg:- ]niea5 grovlog a site pl6n, floor plan, and elevations when obtaining approval from the Eagte River water& Sanitation Distric, Flre flow needs must U,e aaOresseJ. - NOTES: L. If the utlli$ verification form has signatures from each of the utility ompanies, and no comrnen$are made directry on the form, the Town wifl presume that there are no ' probrems and thedevelopment can proceed. 2 Ir a utility cornpany has concems. with-the proposed consiruction, the utility repre5enhative shallnote. directly on the utllity. verification form inut tt'uie is a problem whtch needs io be ruotveo.The issue shoulc then be detailed in an attached tett i to tnu ro*n of Vail. However, ptease keepin mrnd that it [s the responsibility of the utility -.puny and the applicant io i.ioru. identifiedproblems. 3. These verifications do not relieve the contractor of the responsibitity to obtain a public Way permitfro'ntheDepartmentofPub|icWorksatthaio*^oii,"ir.@ gqqq9inanypub|icright'of-wayoreasementwith'th.@ Public Wav oermit and mus! be obtained seoorqtely, Page 8 of tzl}Vrl/Oz NA HOLY CROSS ELECTRIC ASSOC. 970.9a9.s892 (tet) 970.949.4565 (fax) Conrdct: Ted Husky EXCELENERGy fqae\ 303.s71.7s1s (te} LLt.,loo t 303.571.7877 (fax) Contact: Psc+{c{€gglfi ,",. O rvSru EA6LE RIVER WATER & SANITATION OISTRICT+ 970,176.7480 (ret) 970.476.4089 (fax) Contact: Fred Haslee lfrgFERgADBAf+O C o rt : C aS r 970.949.r22{ x ft2 (tel) 970.9a9.9138 (fax) Contad: Floyd Salazar 902 fnn Eollord r Sotid bronze ond copper conshuction provide mointenonc+free finishes' r Electronic bollosts ore sbndord for CF lomping ond provide low temp storting ' r Avoilsble with low woltoge metol holide lomping. r Componion gorden light ovoiloble' Lrzff SAI{JIE TESIAUTANI TEHMOND, CA lE: HANS€N 6 SAUGHIER LTG. DISIGN: AUERBACH &q SOw il Sfraper Lighting I^mdscape - 902 Bollad 902 FrufiSDiftrr: Cler Gbq insite !ilded. L. & ry Silt CGt BqG oredtsr b a drtpdina). Hoo4AtD,Fo* ff :$ffiP- g-tlr b a dtr( ptrte). oc -CusurCfir.Sernn€bce rcIffIilG O,eril boH hei;m b f rhrH- Spe,ti, ffisr,(*2roAI tuct b^rtsrnf Ui't b rEde up k rgrnnUehead cqt(||fi enb's 8t qtu& b€; iH;;tfrofbofts ad ErpS ge qrpp*f *Ure.[rc_' -"- OPT|Olrfs unSraAuJAsrs hcrtrL.c.trG 1 - i00lly rrax (A"lg).lluotsrt I dnpacr 6Ufr am6ffD, a 1 sflpd/02wF1aTrD.!q.: l- !g! ror 7(Mtnr*t lnfrde, at- SOnt or ZOrV tigr pacare oAin GDr7, medlm b*e). Speolylottege. Indrbcnt eudalrb tarv cr[r.FofDf'l'u" DareEbat!Hiilt FouErF*r(npDitrarayprficbdsrdqtdoor-rabd- rorfgolsrtElbctonrc 8ab (ssBlirc-rE'H.4{5-E;d ftiilc s.r ,Bc# ard .l_rrpcr h secbn c L"rnpcbv o[te* ses'rrlri q*F t. intrrdfi-iiffiE brpqat,,c dn.onoril brtreeIATEBAI'' FINNE rcG'IrbT Sffiffi:**. lt@d. qrypoddr' ard po€tm ,ord o$pr. 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Wssl S'.rtle l0l/lC12 Voll, Cok'.ddo 81657 l6L <97Or 476t147 Fo( O7o) 47&1612 OORE 6REEK "LACEI.OT TUB OPTION Dote: I MAR 'O4 Sheet Number HT4 o PROFOSEDTREES ANDSHRTJtsS afipcg. E(ISTING TREES TO BE REI'/OVED GROLNDMVER soD SEED IRRIGATION Quantity trb 4q€ Size Z't' o'+1.-_-RwE- fiE rrlmtfu?+effi,l ftputlttt fltr:@ 9FtAe* Ntpal@*t 3t&*atp aqAgn- tlvawffW?#h. &te onP ahw t?{ fuL-ffiis -' Dv. 6w6 r+pru- wt%_Jlp__ wL_rngyns4 tttourlrrt?r/t uttar-,€" YJ?t+ rnagA 70 Minimum Requirements for Landscaping: Deciduous Trees - 2" Caliper Ooniferous Trees - 6' in height Shrubs - 5 Gal. Type Square Footage PAn<trtqurtA 4d@ lPeqe. ^/*77t/€ T\fEOFEROSION @NTTROL 4-. / 4U Please speciff other landscape features (i.e. retaining walls, fences, swimming pools, etc.)gt?rlF n*6qJAr aet*o* tta'* rtz ,ze *di taaz,r NE ?2e xo L5e o" to 6u lo' to 8' € @t?, t, fttfr;E e**pf rto /(o rt ry @re )AEV? R-xe - n'4t'e* PROPOSED LANDSCAPING Botanical Name lrrhht6 3F. n c.pe Common Name4/rttfr€ ftattgPt a @dzl2* fotarrbv* fF^lf 6row '??oo iQA/3?,€9P Page 7 of 12106117103 -5 Departnent of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 t 38 FAX 970-479-2452 www.vailgov.com Braun Associates, Inc. c/o Tom Braun P.O. Box 2658 April9,2004 Edwards, CO 81632 Re: Gore Creek Residences, located at 730 and 724 West Lionshead Circle/Lots B and D, Morcus Subdivision. Mr. Braun, This letter is to inform you that stalf has reviewed your application for the proposed Gore Creek Residences. Staff has identilied the following question, commenls, and concerns: Conditions 1,2, and 3 of the February 9, 2004 Planning and Environmental Commission approval of the Major Exterior Alteration required staff and the applicant to work on establishing access easements of varying types over the pedestrian/emergency vehicle access way. The conditions also required staff and the applicant to establish an easemenl from the emergency vehicle turn-around to Lionshead Place in order to create permanent access across the Marriott property in order to maintain permanent access. The eslablishment ol these easements was to be valued by Staff as satisfying portion if not all of the $65,000 mitigation impact lee. What is lhe cunent status of the crealion of these easemenls and what types of easements will be placed on the differing access ways? Some knowledge of this is necessary in order for staff to evaluale the value of the easements in off-setling the mitigation impact fee. Condition 7 ol the February 9, 2004, Planning and Environmental Commission approval of the Major Exterior Alteration requires the applicant to mitigate the heights of the exposed walls of the parking structure between the duplexes. Please revise your plans lo create 'Talse" retaining walls in front of the exposed walls of the parking slructure. Your plans shall have no exposed wall with a height in excess ol 6 feet. The conceptual grading plan identifies landscaping walls in front of the residences. ll appears that the proposed heights of these walls are to be approximately 2 feet in height. ls this correct? Are any taller than 2feel? What are the walls clad with? Stone to match the residences? On previous plans staff believed it was the intent to install light fixtures along pedestrian/emergency vehicular access way. Are light lixture no longer proposed? the intent to use the lights on the address markers to illuminate the access way? The landscape plans identify the use of colored concrete. What color is the proposed pedestrian pat leading lrom the existing bike path to the proposed pedestrian/emergency vehicular access way? ls this path to be heated? Whal is the proposed color of the 18 inch concrete band around the concrete pavers? Please provide a sample of the proposed color and pattern of the concrete pavers. the ls it lp *""""r"o rt"" The landscaping plan is missing the retaining wall on the east side of the stairs along the proposed pedestrian access to the existing bike path. Please revise the landscape plan to show this relaining wall. On previous submittals it was identified that there would be an entry sign. Please provide dimensioned drawing of any proposed entry sign which identifies materials and colors. All improvements olf of this property will require a Town of Vail revocable right-of-way permit. Please provide a detail of the railing to be used throughout the site and the color. On previous submittals you were unsure of whether or not you would be relocating the bike path. lt appears that the bike path will remain in its current location. ls this correcl? Please provide revised drawings which show the elevation of the entry to lhe fire command center. Please provide top-of-wall and boltom-of-wall elevations for the walls surrounding the vehicular entry. Please see attached photocopy for detaib. Sheet L-1 states that there are 9 address entry light features. The plan shows 18. Please revise. Several of the proposed hot tubs encroach further into the setback than permitted by Code. One of the proposed hot tubs is over the property line and a portion is on top of the bike path. Features such as the hot tubs at grade or within five feet of grade can encroach have the distance of the required setback, in this case 5 feet. Please revise your plans lo have all hot tubs a minimum of five feet from the property line. Please provide a delail of lhe proposed exhaust louvers for the parking struclure and identily their location on a plan. Also identify what color they are to be painled.. Your submittal includes sheet A0.2 which places roof ridge elevation on top of the existing conlours. In order to determine height I need a plan thai shows the roof plans and elevations on top of proposed finished grade and historic grade. Please provide these plans. I will continue to review these plans in greater detail and may develop further comments. However, in the interest of providing you with comments as soon as possible I am sending this letter at this time. Please review lhese comments and if you have any questions regarding this fetter please contact me at 970-479-2148. Please submit revised plans at your earliest convenience. In order to remain on the April 21,2004, Design Review Board agenda revised plans addressing the concerns identified above need to be submitted no laler than April 19, 2004, so that staff has adequate time to review the plans for compliance with zoning requirements. With regards, Warren Campbell Planner ll Cc: File iit'bx gE E'< t o. "$ 'ti q ';". i D -tt.q.a: U el F: fr> E;o.l otlr.l Io' at- . '4- o- 4.te -{, \ {'\J a l 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com April 14, 2004 Braun Associates, Inc. c/o Tom Braun P.O. Box 2658 Edwards, CO 81632 Re: Gore Creek Residences, located at 730 and 724 West Lionshead Circle/Lols B and D, Morcus Subdivision. Mr. Braun, This letter is to inform you that staff has furthered reviewed your application for the proposed Gore Creek Residences. These comments are in addition to the letter dated April 9, 2004. Statf has identified the following question, comments, and concerns: . The landscape plan needs lo be reconciled so as to match the site plan location of the hot tubs.. Staff foresees an attractive nuisance and privacy issues with fulure owners arising. lt is likely that the future owners will desire greater privacy while in their hot tubs. The proximity of several of the hot tubs to the bike path is a concern in terms of individuals using them without permission and privacy. Staff suggests that the hot tubs be localed on the proposed decks.. Are the hot tubs located in any ulility easements? lf so has permission from the untility companies been granted to install the hot tubs within the easement?. Please provide a sample of the proposed metal roof and the cedar shingles. A photograph which accurately depicts the colors of the materials will be acceptable.. Staff believes that the chimney cap which is pyramid likely may be excessively tall and out of scale. The plans identify it has being 7 feet g inches tall. ls this accurate?o Staff has not seen the elevation showing the proposed fire command room access. However, staff believes it should appear to be an entry wilh potentially a small roof form over lhe door which architecturally coincides wilh the roof architecture over the vehicular entry.r On the elevation drawing for the vehicular entry 1o the proposed parking structure there appears to be a roof structure which extends out from the face of the parking structure. This roof feature does not appear on any site plans, landscaping plans etc. Please revise all plans 1o show this roof feature.. Staff recommends thal all railings on the site be changed to site wall which would be clad in stone. This has been a request of the DRB in the past on other projects. lt provides a more linished appearance.r On the site plans it appears thal the wall on lop of the vehicular entry is on two feet above grade. Please revise to meet building code. All plans need to be reconciled wilh each other. For example retaining walls, hot tubs, the pedestrian/vehicular pathway is a differenl shape on several of the site plans, landscape plans and site plans, etc. Please make sure all plans are identical in all aspects. As this is a final review all these items need to match.o Sheet L-1 depicts different grading and retaining walls than the site plan. Sheet L-1 depicts a design for the retaining wall to the south of the vehicular entry which is more preferable than the site plan depiction of the retaining walls to the south of the vehicular enlry. Please reconcile the two plans with staff's preference being the design shown on the landscape plan.o Sheet A0.3, the elevation of the vehicular entry to lhe parking slructure does not show the retaining wall to the south of the entry. ln addition, il appears on this plan that the vehicular/pedeslrian access is framed in with site walls on each side. From some of the other plans it appears that the site wall does not occur on the north side of the path. Please clarify what is occur and reconcile on all plans.. The long color elevation showing the north and south elevations does not appear to showthe roof elevation changes that where conceptually shown on January 21 ,2004, before the DRB. Please verify thal the elevations depict the roof form height changes thal were shown on January 21 . Please review these comments and if you have any questions regarding this letter please contact me at 970-479-2148. Please submit revised plans al your earliest convenience. In orderto remain on the April 21 ,2004, Design Review Board agenda revised plans addressing the concerns identified above need to be submitted no later lhan April 19, 2004, so that slaff has adequate time to review the plans for compliance with zoning requirements. The items conlained within the April 9 and this lelter are fairly extensive. Staff would suggest that if it is not possible to address all these commenls in time for a Monday morning re.submittal that you could proceed with a conceptual review on Wednesday April 21 before the DRB. Please keep this in mind as an ootion. With regards, fum,& Planner ll Cc:File Orumv Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-21 38 FAX 970-479-2452 www.vailgov.com Braun Associales. Inc. c/o Tom Braun P.O. Box 2658 Edwards, CO 81632 April 27,2004 Re: Gore Creek Residences, located at 730 and 724 West Lionshead Circle/Lots B and D, Morcus Subdivision. Mr. Braun, This letter is lo summarize the commenls of the Design Review Board in regards to you proposed addition at their April 21, 2004, meeting. Their comments were as follows: a a What is lhe architectural character slruclures and truss elements that you are trying to achieve? What is happening in lhe area between the Marriott and the Gore Creek Residences? Previously it was stated that area would become a landscaped area? No plans were included which depict what occurs in this area. The proposed units need to have more variation between them. The need to be less homogeneous. The should look like they are older and additions have been made over time. The units have the "classic" duplex look which is unacceptable. The roof ridges need more variation between units. Some should move up or down. In addition some or all of the roof ridges should be rotated to be pdmarily easVwest. The roof masses will help set the tone of the development. The previous conceptual plan integrated clipped-hip roof forms and a little more variety. The differences between the buildings should be more than just cosmetic. The mass of the buildings should vary. Roof pitches could vary to help distinguish the homes. The proposed stone is wonderful. Great to see somelhing different than the standard stone which are proposed. Needs to be more variation in the stucco colors. The entry to the parking structure should be redesigned to bring the roof out over the cars. The proposed roof design appears awkward. Redesign the roof to perhaps be a shed roof. The use of a gable belween the walls of the entry creates "contained feeling". Several of the proposed hol tubs are loo close lo the bike path. They should be eliminated or relocated to be potentially on the proposed decks. a a a a I Your application has been scheduled on the May 5rh agenda for a conceptual review. I will be out of the office lrom May 3-14, 2004. lt you need any questions answered in this time frame please call George o a {p ,""r"uo r rr^ t" Ruther al479-2145 and he will attempt to help you. Please review these comments and if you have any questions regarding lhis letter prior to my absence please contact me at 970-479-2148. vlit! re0ards, tNanru^t "ff*l-1/Warren Campb Planner ll Cc: File Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 wwwvailgov.com Braun Associates, Inc. c/o Tom Braun P.O. Box 2658 Edwards, CO 81632 June 9, 2004 Re: Gore Creek Residences. located at 730 and 724 West Lionshead Circle/Lots B and D, Morcus Subdivision. Mr. Braun. This letter is to summarize staffs comments regarding your submittal for Design Review to be scheduled on June 16, 2004. The comments are as follows: . What is happening in the area between the Marriott and the Gore Creek Residences? Previously it was stated that area would become a landscaped area? No plans were included which depict what occurs in this area.. On Sheet C003 there is a proposed permanent shoring wall. This feature has not been shown previously. Please provided details on the proposed materials, top-of-wall and bottom-of-wall elevalion. Staff would like to see it be less of an engineered wall and one which respects the topography and the site.. On Sheet C003 and other sheets there are 4-foot by 4.Sjoot rectangles shown on each side of all duplexes. According to previous plans these were not depicted. Please provide details of what these are conslructed of and their purpose.. Please provide a detail of the metal handrails proposed to be used lhroughout the site such as color, and design.. Buildings 3 and 6 are a "mirror image" duplex design. The buildings should be redesigned 1o eliminale lhe mirror image appearance.. The entry to the parking structure has been redesigned to include a boiler venl vaull. Please provide details on what the above ground potion of this feature appears like.. The area south of the front entry includes an 8-foot retaining wall. The Code restricts the height of retaining walls within a lronl setback to 3 feet in height. This wall should be benched 1o be a combination retaining wall.. There is a proposed meter stack south ol the entry. How is this proposed to be screened?. Slafl believes the enlry to the parking struclure should be redesigned to create a sense of entry and arrival. The previous design while awkward created more of a sense of entry.. Several of the proposed hol tubs are close to the bike path. They should be eliminated or relocated to be potentially on the proposed decks or under the decks. f-p ^""'uto 'n'"* The landscape plan identifies that the exposed portions of the parking structure are to be colored concrete to replace the stone which was previously slated. Staff would like to see the stone return. On the landscaping plan there is a faint dotted line around each footprint. What does this dotted line represent? Staif thought maybe it was roof outline but it is much larger than the proposed roofs. On the landscaping plan please identify what size of trees will be placed between the homes lo mitigate the walls of the structure. Stafl would like to reiterate that we would like to see smaller retaining walls placed in front of the structure walls to mitigate the height while creating a floor bed. Please provide details on the fan room and the exhaust fan vault opening and grating located adjacent to the existing Marriott parking struclure. The garage level plan Sheet A 0.1 depicts a new room with two entry doors on the north side of the garage near the entry. What is this room for? Does it allow for the eventual connection of the new hotel parking structure to this structure as the Fire Department has previously requested? Several of the plans identily the West Day Lot parking area as "Associalion Common Area". This should be removed. On both Sheets A0.3 and A0.4 the ridge line elevations are very difficull to read. Please provide plans which are more legible. Also include elevations for the tops of the tower (spire) elements on Buildings 4 and7. Staff would also request elevation of the eaves on the south side ol the buildings as grade fall falls off towards the Gore Creek and height may be higher there than at the ridge. Please see attached pholocopies ol various floor plans of the homes which identify several cross- sections and other questions staff has.. Please change lhe title on the necessary pages from "conceptual" lo "final'. At this poinl we should have some level of assurance that grades, utilities, etc. are what is shown.o lt needs to be demonstrated thal a trash pick-up vehicle can lurn around within the slruclure. Public Works requested this information some time ago and is still awaiting the information. 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ID zotr $llrJ tu Evoz I t BJ r0 LFF I tuzI o c\ $F UI IL I I : v ooa tro I f:* rot { I * O DRB Comments Regarding the Gore Creek Residences from December 17, 2003 . The homes appear to be very linear and similar. The home should have greater differences and varying locations (spacing). Suggested making the residences distinct and not necessarily pull all materialfrom those used on the Marriott.r The roof ridges need to have variation in height.. Need to create a "Village" feel. The landscaping plan show large trees being located on top of the parking deck is there really enough dirt to support the large trees? Maybe add some tree wells. Take some landscaping onto the south side of the bike path . Landscaping will be very important in order to screen bikes and walkers on path from the homes. The underground parking is great.. Suggested some stucco. o o JULY 13,2004 PRE-CONSTRUCTION MEETING o Ll nPjlFl"ROLF JENSEN & ASSOCIATES, INC, FIRE PROTECTION ENGINEERING CONSULTANTS GORE CREEK PLACE Town of Vail Building and Fire Department Presentation Agenda July 13,2004 Scheduled3-5Pm PRESENTATION INTRODUGTION : PURPOSE OF PRESENTATION - Todd Goulding of VRDC to discuss why we are meeting, Brian Thompson of RJA to give a quick overview of the next 2 hours. PROJECT OVERVIEW UPDATE: ARCHITECTURAL UPDATE * Architectural overview presented by: 42140 - Randy Hart RJA - Brian Thompson 1. BUILDINGS LAYOUT - A presentation of the Parking Tunnel Building and Residential Buildings and building levels relative to terrain at grade level. 2. SEPAMTION and APPLICABLE BUILDING CODE - The intent of the design team is to provide a 2-hour separation between the Parking Tunnel Building and the Residential Buildings. lt is also their intention to utilize the 2003 IBC for the Parking Tunnel Building and the 2003 IRC for each of the Residential Buildings. 3. FIRE DEPARTMENT ACCESS PLAN ANd FIRE FLOW REQUIREMENTS - Design team and the Town of Vail have had previous meetings discussing fire department access. Access issues related to staging areas, hydrant locations.,. fire command center location, and fire department connection(s) locations will be reviewed. PRESENTATION OF SPEGIFIC ISSUES: 1. PERMIT SCHEDULE AND PLANNING - Presented by Randy Hatt,42140 ) Mass Excavation and Grading Permit - July 19, 2004 F Marriott Drive & Utility Plan - July 19,2004 ) Staggered Building Permit Applications '/ Parking Tunnel - July 23, 2004/ ResidentialBuilding 1 -August 13,2004r' Residential Building 2 - August 27,2004 1324'rsTH STREET, OENVER, CO 8om2-1606 USA, +1 303 573'7848, FAx+l 303 573-7&43 A SI,RSII,|ARY OF THE R.IA CROUP, INC' rl NPJFI"ROLF JENSEN & ASSOCI,ATES, INC. FIRE PROTECTION ENGINEERING CONSULTANTS GOREOREEKPLACE Page2 Town of Vail Building and Fire Department Presentation July 13' 20M r' Residential Buildings 3 through 8 - one building every two weeks starting September 10, 2004 2. USE of a TCO PROCESS - Presented by RJA - Brian Thompson > TCO for the Parking Tunnelr' Levelof completionr' Occupancy of Tunnel by Construction > TCO for Residential Buildingsr' Levet of completion unit 'A" for receipt of TCO in unit "8" 3. AUTOMATIC SPRINKLER PROTECTION OF ATTIC SPACES/Crawl Spaces - Presented by RJA - Brian Thompson The design team would like to present and discuss the omission of automatic sprinklers in attic spaces/crawl spaces. A discussion of NFPA 13 vs. 13R is expected. o ) JUNE 28,2004 PEC MEMORAI\DUM o o o-ffi MEMBERS PRESENT David Viele Anne Gunion BillJewitt Chas Bernhardt George Lamb Rollie Kjesbo Site Visits :1. Lionshead Core Site - 675 Lionshead Place2. Gore Creek Place - 730,724,714 West Lionshead Circle3. Eagle River Water and Sanitation -646 West Forest Road Driver: George NOTE: lf the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearino - Town Council Chambers 2:00 pm 1. A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuanl to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of reslaurants within Special Development District No. 35, Austria Haus, located al242East Meadow Drive/Part of Tracl B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther MOTION: KJESBO SEGOND: VIELE VOTE:5-1 (JEWITT opposED) ApPRovEDWrrHcoNDrTtoNS: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces an lront of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions ol approval to be recorded with the Eagle County Clerk & Recorder's office within 30 days of approval on second 1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, June 28, 2004 PROJECT ORIENTATION - Community Development Depl. PUBLIC WELCOME 12:00 pm MEMBERS ABSENT Doug Cahill reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Ruther made a presentation per the slaff memorandum. Mr. Faessler was present and spoke on behalf of the application. He stated that the subject area is currently a bar and is proposed to be a cotfee shop, which is a low impact use. Mr. Jim Lamonl, Vail Village Homeowners, spoke on behalf of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. Staff stated that the proposed use will not impact the adjacent neighbors more than the existing bar. Commissioner Jewitt opposed the proposal because the development needs to respect the land use rights of lhe adjacent neighbors. A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit lor private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard therelo. Applicant: Vail Resorts Planner: ElisabethEckel MOTION: KJESBO SECOND: LAMB APPROVED WITH CONDITIONS VOTE:6-0 1. That the applicant, VRDC, submits a revised set of building plans lo the Building Ilepartment of the Town of Vail Community Development Department prior to August 1,2004, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission had commenls. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within lhe Gore Creek floodplain, located at an unplatted parcel (adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road), a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: BillGibson MOTION: JEWITT SECOND: VIELE VOTE:6-0 APPROVED WITH CONDITIONS: 1. The applicant shall submit verification of US Army Corp of Engineers approval of all applicable permits to the Town of Vail Gommunity Development Department prior to the issuance of building and grading permits. 2. The applicant shall submit a stamped lmprovement Location Certificate and "as- built" topographic survey to the Town of Vail Community Development Department for review and approval, prior to Town of Vail final construction inspection. 3. The applicant shall comply wilh all requirements of all necessary state and federal permits and approvals. Neither the public nor the Commission had comments. 4. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two{amily residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associales, Inc. Planner: WarrenCamobell MOTION: KJESBO SECOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1 . That the Developer shall not sell, rent, lease, or otherwise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the west Day Lot Development Site. 2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting for building permits. The completion of the spreadsheet will allow future development lo occur without the need for joint property owners sign ofl as all future development potentialwill already have been established. 3. That the approval of this conditaonal use permit constitutes approval of an Approved Development Plan for Parcel2 ol the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Developmenl Site. 5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless othenvise specifically prohibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. 7. That the applicant records private access easements lor the pathways leading from West Lionshead Gircle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned lhe closesl sidewalks and pedeslrian connections through the project. Staff's recommendation for the provision of access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by slaff, future connections could not be made for other adjacent sites. The applicant stated lhat the paths will be provided, but was hesitant to make it public access which would require ADA compliance. An amended condilion would be to have a private pedestrian access easement that will never be obstructed or removed. 3 5. A request for final review of a major amendment to a special developmenl district (SDD), pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard therelo. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION: KJESBO SECOND: VIELE VOTE:6-0 APPROVED WITH AMENDED CONDITIONS 1. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the tacility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, treight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shallonly be permitted upon a findang by fhe Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings ol the required otf-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the otf-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to applicalion for a building permit. The eCC appreval time requirements and limitatiene ef Seetien 12 94-12 shall rnat the Developer shall submit a complete building permit application to the Town of Vail Community Development Department for the construction of the Vait Plaza Hotel by no later than 5:00 pm, Friday, *ptember 3, 2004. The Chiet Building Official shall determine the completeness of the application. The Developer shall diligently pursue the issuance of a building permit by no later than October 15, 2004. Failure to comply with this condition shall cause this sdd approval to become null and void on *ptember 4,2004, pursuant to the time requirements and limitations of Section l2-9A-l2,Vail Town Code, and Ordinance No.21, Series ot 2001, or on October 16, 2004, depending on whether a building permit application has been submitted. The phasing of the construction of the hotel shall not be permitted. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a parl of the building permit application for the hotel:a. An Erosion Controland Sedimentation Plan;b. A Construction Staging and Phasing Plan;c. A Stormwater Management Plan;d. A Site Dewatering Plan; ande. A Traffic Control Plan. That the Developer records public pedestrian easements between the hotel and the Phase lll Condominiums, between the hotel and the Phase V Building, and 3. 5. along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Olfice prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the D,eveloper is able to demonstrate to the satasfaction ol the Town that adequate provisions for vehicle parking have been made to accommodate the public use ot the spa. The restriction shall be recorded prior to lhe issuance of a building permit. 7. Thal the Developer submits a comprehensive sign program proposal lor the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate ol Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security lor the 125o/o ol the total cost of the lequired otf-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 10. That the Developer coordinate etlorts with the owners of the Gateway Building, Phase ll, Phase lll and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town ol Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all ot Special Development District No. 6, Vail Village lnn. 11. That the Developer, in cooperation with the Town of Vail Public Works Department, designs and constructs a lett-turn lane on Vail Road and reconligure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The constructaon shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12y13/99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. That the Developer submits revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7,2004,prior to first reading of an amending ordinance by the Vail Town Council. 14. That the Developer provides 75 on-site parking spaces within the area of Phase lV, Vail Village lnn, and as indicated on the Approved Development Ptan, to c address the 75 space parking clelicit currently existing within Special Development District No.6, Vail Village lnn. Said parking spaces shall be made available to meet the parking demand of those usespennitted within the Special Development District. The 75 parking spaces shall not be sold, transferred, traded, or otherwise conveyed for ownership fo use/s located outside of Special Development District No.6, Vail Village Inn. George Ruther made a presentalion per the staff memorandum. Staff addressed PEC comments from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public Works. The applicant addressed the list of conditions, such as CDOT approval off of Frontage Road, and requested a time extension of an additional 90 days to obtain a building permit. The Commissioner were not in favor of a 90 day exlension but instead suggested an amended condition which might afford the applicant slightly more lime to obtain a building permit. Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold outside of the shareholders in the development. Mr. Losa stated that four spaces have been sold wilhin the SDD. The Commission and the applicant agreed lhat the ownership of parking spaces would be restricted to parties involved in the SDD. The Commission and stalf proposed several revised conditions of approval. 6. A request for a final review of a major exterior alteration or modification, pursuanl to Section 12- 7H-7,Yail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a slructure, located at 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Developmenl Department upon requesl). Applicant: Vail Corporation Planner: George Ruther MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 MOTION: BERNHARDTSECOND: LAMB TABLED TO JULY 12,2004 VOTE:6-0 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type lll Employee Housing Units, pursuant to Section 12-6H-3, VailTown Code, located at 595 VailValley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting lorth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: WarrenCampbell MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2OO4 VOTE:6-0 8. A requesl for a variance from Section 12-21-14, Restrictions ln Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the tolal site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell VOTE:6-0 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses; Generally 6 (On All Levels of a Building or Outside of a Building), VailTown Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WesVunplatted. (A complete metes and bounds legal description is available for review al the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 VOTE:6-0 10. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Fami!, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar VailCondominiums)/ Lot 8, Block 2, Vail Potato Palch Filing 1, and sefling forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan MOTION: BERNHARDT SEGOND: LAMB TABLED TO JULY 12,2OO4 9. Approval of minutes VOTE:6-0 MOTION: VIELE TABLED TO JULY 12,2004 l0.lnformation Update 11. Adjournment MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Fronlage Road. The public is invited to attend the projecl orientation and the site visits that precede lhe public hearing in the Town of Vail Communily Development Department. Please call (970) 479-2138 for additional informalion. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published, June 25,2004 in the Vail Daily. OR,GINAI MEMORANDUM Planning and Environmental Commission Community Development Department June 28, 2004 A linal review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential slructures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner: WarrenCamobell TO: FROM: DATE: SUBJECT: il. SUMMARY The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, lnc., has scheduled a meeting wilh the Planning and Environmenlal Commission to present a proposal for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on all levels ol a building or outside a building), Vail Town Code, to allow lor the construction of eight new two-family residential structures totaling 16 dwelling units. Staff is recommending that the Planning and Environmental Commission approve with conditions the requests for a conditional use permit. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts Development Company (VRDC), represented by Braun Associates, lnc., is requesting a conditional use permit, pursuanl to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow lor the construclion of eight new two-family (duplex) residential slruclures on the West Day Lot. A vicinity map is attached for reference (Attachment A). This proposal for eighl duplex unils, referred to as the Gore Creek Place residences, is a small part of an overall development plan for the West Day Lot herein after titled "The West Day Lot Development Site". The West Day Lot Development Site includes the existing Vail Mountain Marriott (Parcel 1), a new hotel to be proposed in the future (Parcel 3), and lhe proposed nine duplex structures along Gore Creek (Parcel 2). The West Day Lot Development Site is attached for reference (Attachment B). This proposal is the second piece in Vail Resorts Development Company's overall Lionshead redevelopment project which is the comprehensive redevelopment of one of three primary portals lo Vail Mountain and is intended to create a world-class arrival point and transition between Lionshead Village and Vail Mountain. The Lionshead redevelopment project includes four areas of redevelopment, the Lionshead Core, West Day Lol, North Day Lot, and the Tennis Court Site. The applicant is proposing to construcl eight duplex structures for a total of 16 dwelling unils. All of the proposed units will be serviced by a below grade parking struclure which will have access off of West Forest Road. Within the parking slruclure each unit will have a private two car garage. There will be a tolalof 18 additional common parking spaces provided for visitors and guest of the home owners. Also in the garage there will be a boiler room which will house the mechanical equipment for the snow melt system used to heat the pedestrian/emergency vehicle access palh, walkways to the homes, the pedestrian path leading to the Town's bike path, and the entry ramp to the garage. Trash collection for the'16 dwelling units will be done in smaller trash cans with removal to occur on the ramp leading to the garage. All 16 dwelling units will have three floors with the lowest floor being able to walk out on grade along the bike palh. There are three floor plans proposed for this development. There is an Ai/B duplex, A/A duplex and a B/B duplex. The A/B duplex measures 7,647 square feet in Gross Residential Floor Area (GRFA), lhe A/A duplex measures 8,522 square feet in GRFA, and the B/B duplex measures 6,792 square feet in GRFA. The heights of the slructures range from 31 to 41 leet in height. Along Gore Creek there will be three floors exposed while on the north elevation two floors will be above grade. All 16 dwelling units and the parking structure will have fire sprinkler systems installed. A more complete description ol this proposal is included in "Lionshead Redevelopment: West Dav Lot", dated November 3, 2003, which has been attached for reference (Attachmenl C). The applicant is tying the existing Vail Mountain Maniott, the proposed Gore Creek Place residences, and the proposed future hotel on the West Day Lot together as a larger overall planned development site, The Wesl Day Lot Development Site, with plat notes tying the three projects togelher lor zoning purposes. A reduced copy of the plans for lhe proposed residences is attached for relerence (Attachment D). BACKGROUND The subject property includes several parcels of land currently used for the Vail Mountain Marriott, the parking structure for the Vail Mountain Marriot, and employee parking for Vail Resorts. The Marriott (previously "The Mark") was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development Dislrict No. 7 by Ordinance 3, Series of 1977. The project was expanded and modified throughout the 1980's and 1990's. ln 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a reslaurant, and other hotel amenilies. 1V. The weslern portion of the site (the Morcus Subdivision), known as the West Day Lot, was regraded and used for Vail Resorts employee parking. Prior lo the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, lhe property was zoned Parking District. On November 24,2003, the Planning and Environmental Commission approved text amendments to Section 12-7H-5, Condilional Uses; Generally (on all levels of a building or oulside a building), Vail Town Code, to allow single-family residential dwellings and two-family residential dwellings as condilional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, VailTown Code, to provide criteria by which a single-family and two-family residentialdwelling proposal within the Lionshead Mixed Use 1 District should adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 36, Series of 2003, on December 16, 2003. On February 9, 2004, the Planning and Environmental Commission approved with conditions a Conditional Use Permit and a Major Exterior Alteration application on this site for nine two-family structures for a total of 18 dwelling units. This current application differs from that which was approved on February 9, 2004, in that there is one less two-family structure. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and staff on the current applications submitted on behalf of Vail Resorts Development Company. Conditional Use Permit Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planninq and Environmental Commission: Action: The PEC is responsible for final approval/denial of Conditional Use Permit. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of lhe Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and olher public facilities and public facilities needs. 3. Effect upon traffic, wilh particular relerence to congestion, automotive and pedestrian safely and convenience, lraffic flow and control, access, maneuverabilily, and removal of snow from the streets and parking areas. 4. Effect upon the characler of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such olher factors and criteria as the Commission deems applicable to the proposed use. 6. The environmenlal impact report concerning the proposed use, if an environmental impacl report is required by Chapler 12 of this Tille. Conformance with development standards of zone district- Lot area- Selbacks- Building Height- Densily- GRFA- Site coverage- Landscaoe area- Parking and loading- Mitigation of development impacts Desion Review Board: Action: The DRB has NO review aulhority on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for:- Architectural compatibility with other slructures, the land and surroundings- Fitting buildings inlo landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow slorage on-site- Acceptability of building materials and colors- Acceptability of roof elements, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory struclures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting- The design of parks V. Stafl: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Slaff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendalion on approval, approval with conditions, or denial. Stafl also facilitates lhe review process. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred wilh approvals or denials and can uphold, uphold wilh modificalions, or overturn the board's decision. APPLICABLE PLANNING DOCUMENTS Title 12. Zoninq Requlations. VailTown Code 12-7H Lionshead Mixed Usel (LMU-1) District (in part) 12-7H-1: PURPOSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, Iodge dwelling units, restaurants, offices, skier seruices, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives tor redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives lor properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously eshdished zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any developmenUredevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-5: CONDITIONAI USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Tiile: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. C o i n -o pe rated I au nd ri es. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities, Public utility and public service uses. Single-family and two-family residential dwellings. Ski lifts and tows. Television stations. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-16 Conditional Use Permits (in part) 1 2-1 6- | : Purpose; Limitations: ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. 12-16-7: Use Specific Criteria And Standards: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteia and findings required by section 1 2-16-6 of this chapter. A. Uses And Criteria: 11. Single-tamily and tvvo-family dwellings, in the Lionshead Mixed Use 1 zone district: Single-family or twoiamily residential dwellings shall be allowed when: a. Developed as part of a coordinated mixed-use development; The low-density residential scale is advantageous to create compatibility with or a transition to other low density residential development in the vicinity; c. The single-family and two-family residences are designed to the general scale and character of residences in other singlelamily and two-family zone districts; andd. The proposed development is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopled in 19BG by the Vail Town Council. The main purpose of the Land Use Plan is twoJold: 1. To articulate the land use goals of the Town.2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which fulure land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use calegories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulalory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The West Day Lot is identified as being a part of the Resort Accommodations and Services land use category. The Resort Accommodations and Services land use category states: This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from l-70, with other support commercial and business seruices included. Also allowed in this category, would be institutional uses and various municipal uses. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Masler Plan was adopted on December 15, 1998 by the VailTown Council. "The master plan was initiated by the Town of Vail to encourage redevelopment initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of grovvth in accommodation units ("hot beds"), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and di scon nected pedestri an envi ro n me nt, mediocre architectu ral character, and the absence ol incentives for redevelopment." There are several portions ol the Lionshead Redevelopment Master Plan which reference the West Day Lot and make recommendations for the site. Below are several seclions laken direclly from the Master Plan. Chapter 4 Master Plan Recommendations - Overall Study Area (in part) Section 4.1 Underlying Physical Framework of Lionshead 4.1.5 West Lionshead - Residential/Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates seruice yard, the Vail sanitation plant, the old town shops, and a gas station. Uses proposed by the community on this site in the past include increased parking, employee housing, office space, mountain service access, and an eastbound l-70 on- and off-ramp. The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of the local community. Appropriate uses could include high density real estate development, lodging, community based office and retail space, employee housing and parking. The opportunity exists for a significant locals or seasonal housing development in this area. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. ln addition there is the opportunity for an underground public parking facility. All seruice and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard will be reduced in size, as some functions can be moved to /ess central locations. However the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be serued by the Town of Vail inlown transit system. Section 4.8 Parking 4.8.1.2 West Day Lot The west day lot is also owned by Vail Associates and is utilized primarily by mountain based Vail Associates employees. This site offers the possibility of a higher-return development opportunity that may make other less profitable west end developments feasible, and its existing use for parking is virtually certain to change. lt is not anticipated that the employee base utilizing this surtace lot wiil decrease; therefore, all the cunent parking (approximately 160 spaces)will have to be replaced. 4.8.3.3 Potential New Parking Sites West Lionshead The construction a second public parking structure at the west end of Lionshead has been a planning consideration since the completion of the VailTransportation Master plan in 1991. This sde ls currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet proiected parking demand. It is well located in relation to the potential new eastbound l-70 access ramps. Potential logistical hurdles to the use of this site are as follows: . Land Ownership. The entire potential parking structure site (see figure 4-14) is located on Vail Associates and CDOT property. Property acquisition from both entities will be required. . South Frontage Road Realignment. South Frontage Road must be realigned to free up a parcel large enough for a major parking facility. Competing Land Use Priorities. The west end of Lionshead has also been identified as a priority employee housing location by the Town of Vail and Vail Associates. Although housing could be constructed on top of a parking structure, a below-grade facility would significantly increase construction costs and bring up several important timing issues. Cost. Timing. The Lionshead master plan ground rules stipulate that there will be no net loss of existing employee housing through redevelopment. Redevelopment of the core site by Vail Associates means that the existing employee housing in the Sunbird Lodge will have to be replaced, most likely on the existing Vail Associates seruice yard or Holy Cross sife. This scenario puts a west Lionshead employee housing project at or near the top of the Lionshead redevelopment timeline. Depending on the size requirements of a new west Lionshead parking structure, it is possible that the realignment of the frontage road and the construction of the parking facility would both have to occur prior to the construction of the housing project. lf the employee housing project occurs first, which is more probable, the opportunity lor a west end parking structure could be lost, as the remaining available land may be too small for a structure of significant size. The second timing issue is the potential l-70 interchange at this location. Planning decisions regarding a future parking structure, housing, or an l-70 interchange will have to be made at the same time, or important opportunities may be lost. . Convenience. This location for a major paking strudure must have regular transit or shuttle seruice because of its distance from the retail core area and the ski yard (greater than a 1200Joot walking radius). Chapter 5 Detailed PIan Recommendations (in part) 5.17 West Day LoU Vail Associates Service Yard/ Holy Cross Sile Planning for the western end of Lionshead must consider tvvo different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As depicted in figures 5-21 and 5-22, realignment of South Frontage Road will allow these properties to be consolidated for development while maintaining a transit connection through the property. Within the consolidated parcel, there are four distinct sub-areas separated by location and land use. The first is the existing west day lot. This site has Gore Creek frontage, is removed from the frontage road, and is the most appropriate for a higher-end fee simple or fractional fee development. The second, immediately adjacent to South Frontage Boad, should have a strong relationship with the first (potentially by a connecting "greenbelt" as shown in figure 5-24), but ifs /ess desirable location suggests a different and potentially higher density product. Affordable housing should also be considered here to accommodate new employee generation. The third, west of the realigned South Frontage Road, has been identified as an appropriate location for high density employee housing. The fourth has the longest road frontage and is the recommended location for a smaller Vail Associates seruice yard. From this location, a snow cat access route to the mountain could be developed through the old town shops site and across the river to the Cascade Ho ski trail. lf South Frontage Road is not realigned prior to buildout on this site, there would be a slight reduction in the amount of developable land north of the frontage road (see figure 5-23), and access points to the properties might be different. Traffic flow patterns and transit vehicle access would be different. The removal of the central transiU pedestrian corridor will necessitate either an additional west Lionshead transit stop or the undesirable situation of people crossing the frontage road to access a single transit stop. l0 vl. Chapter 6 Site Design Guidelines (in part) 6.4 Secondary Pedestrian Walk Secondary pedestrian walks (see figure 6-3) are similar to primary pedestrian walks except that they are not located on primary pedestrian corridors and thus carry a lower volume of pedestrian traffic. The suggested minimum width for these secondary walks is six feet, although wider walkways may be required where anticipated pedestrian traffic volumes are greater. Poured concrete may be used as a paving material. All other design parameters that apply to primary pedestrian walks also apply here. 6.6 Pedestrian Path Pedestrian paths are located outside of the primary Lionshead pedestian environment (see figure 6-4). They include stand-alone circulation corridors, such as the Gore Creek recreation path, that are most often built with asphalt surfaces. These pathways generally carry a lower volume of traffic, but their width should reflect both anticipated volume and anticipated type of traftic, as bicycles, rollerblades, and skateboards also utilize these pathways. Lighting, signage, site furnishings and landscaping will be a function of a pathway's intended use, location, and traffic volume. Town of Vail Comprehensive Open Lands Plan In '1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The purpose of the plan is to identify priorities for open space and recreation needs communicated by the citizens of Vail. The Comprehensive Open Lands Plan - Action Plan map identifies a portion of the West Day Lot site as "Undeveloped Parcel (Zoning Varies) Action Not Recommended". The Plan did not reference or recommend anv action wilh lhe existing site. ZONING ANALYSIS POTENTIAL Address/Legal Description: 730,724, and714 West Lionshead Circleffracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott Subdivision Parcel Size: Zoning: 7.74 acre (337,197 sq. tt.) Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services Below is a summary and analysis of Town of Vail development standards and regulations. The analysis includes the existing Vail Mounlain Marriott and the 18 Gore Creek Place residences. This analysis will become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Sile. II Develooment Standard Lot Area: Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: Allowed 10,000 sq. ft. 10 ft. 71 fl. avg. 82.5 ft. max 270 DUs (35/ac.) Unlimited AUs 842,992 sq. ft. 236,037 sq. ft. (70%) 67,439 sq. ft. (20%) 76 (1.4tDU) 193 (0.7/AU) Existino 337,197 sq. ft. 10 ft. 70 ft. avg. 80.5 ft. max 36DU (4.7/ac.) 276 AU 149,669 sq. ft. 86,240 sq. ft. (25.6%) 169,605 sq. ft. (50%) 270 spaces Proposed 337,197 sq. ft. 10 ft. 70 ft. avg. 80.5 ft. max 52 DU (6.7/ac.) 276 AU 213,239 sq. ft. 146,446 sq. ft. (43%) 139,473 sq. ft. (41%) 320 spaces vil.SURROUNDING LAND USES AND ZONING North: South: East: West: Land Use Residential Open Space Residential Public Utility Zonino Lionshead Mixed Use 1 District Natural Area Preservation District Lionshead Mixed Use 1 District General Use District VIII. CRITERIA AND FINDINGS Conditional Use Permit: Before acting on the requested conditional use permil application for eight proposed duplex structures, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: (1) Relationship and impact ol the use on development objectives of the town. Vail Land Use Plan As identified in Section V of this memorandum the West Day Lot is a part of the Resort Accommodations and Services land use category. This land use designation identifies activities aimed at accommodaling the overnight and short term visitor with the primary uses being hotels and lodges. While the proposal lo construcl nine duplex units is not one of the primary uses identified for the land use category the existing Vail Mountain Marriott and the future hotel proposal which are pieces of the overall development plan for this site are hotels and lodges which are aimed at serving lhe short lerm visitor. Incorporating the smaller scale duplex structures along the creek will allow the overall development lo increase in scale as it moves north awav from the creek. l2 (21 Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan contains several sections which speak to the future use of the West Day Lot and are found in Section V of this memorandum. The first reference made regarding this site can be found in Seclion 4.1.5 which identifies the site as a "residential/mixed use area'with the opportunily existing for "significant locals or seasonal housing". The Plan provides more detailed recommendalions in Section 5.17 which states that this site is "most appropriate for a higher-end fee simple or fractional fee developmenl". Staff believes that the proposed duplexes meet the goals and objectives of lhe Lionshead Redevelopment Master Plan. There is also potential for adding to the pedestrian network wilh the establishment of easemenls on the emergency vehicle/pedestrian access pathway, the sidewalk from West Lionshead Circle to the emergency vehicle/pedestrian pathway, and the palhway from the emergency vehicle/pedestrian pathway to the existing Town bike path. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Statf believes that the proposed eight duplex structures will not have any negative effect on the items listed above. The incorporation of the duplexes into the overall development plan for the site allows lor smaller scale residential structures along the Gore Creek and the bike path which will allow an open feeling lo remain along the Town owned stream tract with larger structures on the north end of the property adjacent to existing larger structures. Section 12-7H-12, Density (Dwelling Unils Per Acre), Vail Town Code, in the Lionshead Mixed Use 1 Zone District permits a maximum of 35 dwelling units per acre on this site. The applicant is proposing 16 dwelling units on lhis approximale 2.2 acre portion of the "West Day Lot Development Site" which is 7.3 dwelling units per acre. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow lrom the streets and parking areas. The eight new duplex slructures will bring additional cars down the South Frontage Road and onto West Forest Road. Slaff has determined that there will be 12 additional trips generated by the new residences. Furthermore Section 12-7H-18, Mitigalion of Developmenl lmpacts, Vail Town Code, requires property owners/developers lo mitigate direct impacls of developmenl proposals on public infrastructure. Slaff has determined that a fee of $5,000 per additional trip generated by a development bears "a reasonable relation to the development impacts'. Staff attached a condition to the February 9,2004, approval of a Major Exterior Alteration requiring a fee of $60,000 for mitigation ot development impacts. (3) IJ The proposed development includes a conneclion from the proposed pedestrian path will complete the circulation loop for pedestrians in lhis area. The applicant is also proposing to leave lhe portion of the existing bike path on their property. Staff is recommending that the applicant give the Town public access easemenls for the porlion of existing bike path on the applicant's property, on the sidewalk leading from West Lionshead Circle, the pathway leading form the emergency vehicle access to the existing bike path, and the new pedestrian/emergency access pathway. Staff does not believe there are any negative effects on the remaining items listed above. (4) Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Stafl believes that the proposed residences will have a positive effecl on the area. The scale of the structures is comparable lo the residential structures on the south side of Gore Creek. The incorporation of the duplexes in the overall development plan for the site allows for smaller residential scale slructures to be located along the Gore Creek which will allow for the stream tract to retain a more "open" feeling wilh the taller structures located on the north portion of lhe West Day Lot site. (5) Such olher factors and criteria as the commission deems applicable to the proposed use. (6) The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. Staff has reviewed the environmental impact report which is required as a part of this application and found no cause for concern. The applicant shall be required to comply wilh the recommendalions of the report. In addition to the standard criteria for a conditional use permit, the Use Specific Criteria and Standards, Section 12-16-7A(11), Vail Town Code, for Single{amily and Two-family dwellings, in the Lionshead Mixed Use 1 zone dislricl must be reviewed prior to acting on this proposal. SingleJamily or two-family residenlial dwellings shall be allowed when: (1) Developed as part of a coordinated mixed-use development; The proposed duplex structures are one part of the 7.74 acre West Day Lot Development Site which will include the existing Vail Mountain t4 Marriott hotel, the proposed eight duplex units, and a fulure proposed hotel. The entire site will be treated as one large development site with zoning requirements applied to all three existing and proposed developments. The applicant does intend to subdivide the individual projects onto separate lols in the future with plat notes found on each plal which would tie all three developments together in perpetuity for zoning purposes. The current proposal for eight duplex structures is located on Parcel 2 of the West Day Lot Development Site. (2) The low-density residential scale is advantageous to create compatibility with or a transition to other low density residential development in the vicinity; The incorporation of the eight residenlially scaled duplex struclures along the Gore Creek will allow for a transition from struclures compatible with the residential struclures on the south side of Gore Creek to the taller more massive buildings on lhe norlhern portion of the West Day Lot. The advantages of incorporating the duplexes into the overall development of the site are numerous. The scale of the structures will allow for the Gore Creek stream tract to retain its 'bpen' feeling, the residences on lhe south side ol Gore Creek will not have the views from their north facing windows totally obstructed by a more massive structure, and they will allow the scale of the buildings on the Wesl Day Lot to transition to laller more massive structures which currenlly existing in Lionshead. The Vail Land Use Plan has designated the residences along West Forest Road as Low Densily Residential and the West Day Lot Development Site as Resort Accommodations and Services. The incorporation of the eight duplex structures on the southern portion of the West Day Lot Development Site will allow for a better transition between these two different land use designations which are significantly different in terms of the scale of buildings which could be potentially constructed. (3) The single-family and two-family residences are designed to the general scale and character of residences in other single-family and two-family zone districts; and The proposed duplexes have three slandard foolprints. There is an A/B duplex, an A/A duplex, and a B/B duplex. The A/B duplex measures 7,647 square feet in Gross Residential Floor Area (GRFA), the A/A duplex measures 8,522 square feet in GRFA, and the B/B duplex measures 6,792 square feet in GRFA. Four of the eight slruclures are an A,/B duplex, two slructures are an Al/A duplex, and two structures are a B/B duplex. An A/B duplex would require a lot size of 60,940 square feet (1.4 acres) to construct, an A/A duplex would require a lot size of 78,440 square feet (1.8 acres), and a B/B duplex would require a lot size of 43,840 square feet (1.01 acres) to conslruct. The total area of a lot needed to construct lour A,/B, two A/A, and two B/B duplex struclures would require 11.2 acres. The approximate size of Parcel 2 of this proposed development site is 2.28 acres. The proposed duplexes have t5 a maximum height of 41 feet at lhe tallest localion which is southeast eave of unit one which is located on east end of lhe site. Staff believes that the proposed structures are designed in the general character of residences in other single{amily and two-family zone districts. Stalf has referred to the plat for the homes located along West Foresl Road just south of this sile across Gore Creek, Vail Village 6th Filing. Lots included on this plat range in size from 15,115 square feet (0.34 acre)to 56,550 square feet (1.3 acre). The sizes of home which would be permitted to be built under the residential zoning districts range f rom 4,61 1 .5 lo 7 ,427 .5 square feet of G RFA. The height in its worst case is only eight leel above lhe maximum height permit in other residential zone districts. This increase in height is caused by the steep grades leading to the Gore Creek which were historically present. The height of the proposed residences is needed for a better transition from the maximum height of 33 feet for the residences along West Forest Road to the maximum 82.5 feet of height with an average of 71 feet in height for the uses on the West Day Lot Development Site. The proposal shows that the south walls ol lhe parking structure are exposed in some inslances at a height of eight feet between the duplex structures. While these walls are not retaining walls slaff requests that the height of lhe walls be mitigated by eilher the placement of retaining walls in front which would create planting beds or by artificially increase grade in those localions belween homes so lhat in no case more than six feet of parking struclure wall is exposed. The materials and scale of architectural features on lhe proposed duplexes are comparable to those seen on proposals for new single- family and two{amily residential struclures. Staff's believes that the proposed residences are consistent in terms of size, bulk, and mass as those located on the south side of the Gore Creek which are the closest residential struclures to lhe proposed development. (a) The proposed development is consislent with the intent and objectives of the Lionshead Redevelopment Master Plan. Lionshead Redevelooment Master Plan The Lionshead Redevelopment Master Plan contains several sections which speak to the future of the West Day Lot and are found in Section V of this memorandum. The first reference made regarding this site can be found in Section 4.1.5 which identifies the sile as a "residenlial/mixed use area'with the opportunity existing for "significant locals or seasonal housing". The Plan provides more detailed recommendations in Section 5.'l 7 which states that this site is "most appropriate lor a higher-end lee simple or fractional fee development". Staff believes that the proposed duplexes meet the goals and objectives of the Lionshead Redevelopment Master Plan. lo x. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: (1) Thal the proposed location of the use is in accordance with the purposes of this litle and the purposes of the district in which the site is located. (2) That the proposed location of the use and the condilions under which it would be operated or maintained will not be detrimental to the public health, safely, or welfare, or materially injurious to properties or improvements in the vicinity. (3) That lhe proposed use will comply wilh each of lhe applicable provisions of this title. STAFF RECOMMENDATION Conditional Use Permit: The Community Developmenl Department recommends that the Planning and Environmenlal Commission approves with conditions the applicant's requesl for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (on all levels ol a building or outside a building), Vail Town Code, to allow for the construclion of eight (8) two{amily residential slruclures, located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision and Lot 7, Marriott SubdivisionMest Day Lot Development Site Parcel 2. Slaff's recommendation is based upon the review of the crileria outlined in Section Vlll of this memorandum and upon the evidence and testimony presented. Should the Planning and Environmenlal Commission choose to approve the conditional use permit request, staff recommends that the follow conditions be placed upon lhe approval: 1. That the Developer shall not sell, rent, lease, or olherwise transfer any of the sixteen (16) additional parking spaces located within the belorv grade parking structure. The additional parking spaces shall only be r:sed by those permifled, conditional, or accessory uses allowed on the West Day Lot Development Site.2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment R which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting lor building permits. The completion of the spreadsheet will allow future development lo occur withoul the need for joint property owners sign off as all future development potential will already have been established.3. That the approval of this conditional use permit constilutes approval of a development plan for Parcel2 of the West Day Lot Development Site and any change to the development plan for Parcel 2 shall require a new conditional use permit approval.4. That bed and breaklast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site.5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development t7 xt. Site. Accessory uses shall be permitted useless otherwise specifically prohibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Cerlificate of Occupancy or a Certificate of Occupancy inspection. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: (1) That the proposed location of the use is in accordance with the purposes of this title and the purposes of the district in which the site is located. (2) That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (3) That the proposed use will comply with each of the applicable provisions of this title. ATTACHMENTS Vicinity Map West Day Lot Development Site "Lionshead Redevelopment: West Dav Lot", daled November 3, 2003 West Day Lot residences reduced plans dated June 21 ,2O04 Public Notice West Day Lot Approved Development Plan dated June 28, 2004. A. B. c. D. E. F. , -Thor +" ,Vrhyi'lt )rt,,^3f'- +Lu %#J* fr ffi' €c,\'rAN? /ft)'&.^^^ *m ^ Ml,t*,(1-Ah,Kt::t ,r^ro m' ArfrJ: 0$ J*H 'J"1t Uote' 6-0 t* @;-"'frt l8 IItt a ! , at II I i ! I I > E t e,at IIt & I5 I a ! I I t I t 2 oo(\ tl 'r o LI ONSHEAD REDEVELOPMENT West Day Lot Submittal to the Torvn of Vail Sr-rbmitted by: VaIr RBsonrs DBr,aropNIENT CotvtpLNv Revised Submittal 11, -3-03 Attachment: C Lionshead Redevelopment ) TABLE OF CONTTNTS o I. Introducfion IL Detailed Proiect Overview IU. No Net Loss of Parkins IY. Proiect Phasing V. Proiect Review Criteria YI. Master Plan Considerations Paee I 7 1l 12 l3 t7 I. N.{TRODUCTION This report is an updated excerpt from the overall Lionshead Redevelopment submittal document provided to the Town in July of 2003. The information contained in this document is the information necessary for evaluating the proposed two-family residential development on a portion of the West Day Lot/Marriott property. The document discusses the entire West Day Lot project as the entire site is being proposed as one overall coordinated plan with all development standards applied to the entire parcel. The project for which approval is currently being sought is the low-density residential development on the south edge of the property; the Gore Creek Residences. This plan includes up to 20 dwelling writs in duplex struchrres. The duplex units can be developed in several formats as there are two floor plans proposed; one layout of approximately 2,600 sq .ft. and the other of approximately 3,400 sq. ft. Depending on market conditions the site could be developed with a maximum of 20 r.rnits (all smaller units) or a minimum of 14 units (all larger units) or anywhere between (some big and some small). Plans have been submitted showing 20 dwelling units and 16 dwelling units (the likely development scenario). All parking is located in a sub- surface parking structure accessed directly from Forest Road. o Vail Resors - The Redevelopment oflionshead il.DETAILED PROJECT OVERVIEW (Overall Deveiopment Site) The West Day Lot is located within an area identihed by the Lionshead Redevelopment Master Plan tbr resort lodging and residentiaVmixed use development. This site is being redeveloped as a logical extension of the existing Marriott tlotel with lodging and residential uses at a scale that mirrors that of the existing neighborhood. This development project includes both the West Day Lot and Nlarriott properties as one overall project site. The Master Plan identified this neighborhood as a more quiet residential area providing the greatest oppoftunity to expand the Town's bed base. Below are the north and south elevations of the new hotel facility. "{."' Hotel Buildins - North and South Elevations Vail Resons - The Redevelopment of Lionshead 1. Existing Conditions The project site is currently developed with the Marriott Hotel, an open air parking structure which serves the Marrioft Hotel, and an unpaved surface employee parking iot rvithacapacityofl60parkingspaces. Thesitehasbeenre-gradedovertheyears creating man-made berms and slopes. The Marriott Hotel currently contains 276 newly renovated hotel rooms, 35 dwelling units, a 4,500 sq. ft. restaurant, and meeting rooms. Site improvements include tennis courts and a swimming pool. 2. Overview of Project - Entire WDL . Design Concept The redevelopment of the West Day Lot builds upon the success of the newly redeveloped Marriott Hotel (276 hotel rooms and 35 dwelling units) by proposing a new hotel and residential development on the remainder of the site. The project provides a transition from the high density lodging facilities along West Lionshead Circle to a low- rise and low density duplex style development along Gore Creek, as suggested in the Lionshead Redevelopment Master Plan. This transition is important due to the low density residential uses that exist on the south side of Gore Creek. The project includes attention to the design guideiines including the provision of stepbacks and the transition of wall planes and materials as directed by the Lionshead design guidelines. The proposed plan implements many other goals of the Master PIan including concealing parking in subsurface structures, developing residential and lodging uses in this area oflionshead, developing pedestrian connections to the core of Lionshead, and meeting all ofthe design standards and guidelines. . Project Components The new hotel building includes 90 hotels rooms (44 are hotel lock-offs), I 13 dwelling units, meeting rooms, a restaurant, hotel fitness areas, and subsurface parking to serye both the new development and a portion of the Marriott's parking requirements. Additionally, there is a low-density residential development on the south side of the site containing up to 20 dwelling units in up to l0 two-family struchres. These homes are accessed via a subsurface parking area conaecting to West Forest Road. . Zoning Text Amendment The Lionshead Mixed Use I zone disrict does not list single-family or two-family residential structures as a permitted or conditional use. At the time this zone district lvas drafted, there was not much thought given to these low density use as there did not seem to be a logical location in the Lionshead area to allorv such low-density residential uses. Through careftrl planning of the West Day Lot Vail Resorts discovered that low-density Vail Resorts - The Redevelopment ofLionshead o residential uses wor d be advantageous to'create a transition from more intensive lodging uses to the low-density residential neighborhoods adjacent to the site. Therefore, Vail Resort's is proposing a text amendment to the Lionshead Mixed Use I zone district to allow single-family and two-family residential structures as a conditional use. This amendment will allolv the proposed Gore Creek Residences to be approved by the Planning and Environmental Commission subject to the conditional use criteria found in the Zoning Regulations. The approval criteria would allow the PEC to distinguish between appropriate and inappropriate locations for single-family and trvo-family uses within Lionshead. o Vail Resons - The Redevelopment ofLionshead E, (s .l :i tr, Q^ -: -\ ;i -= 6 c.l \J7ox >O.tV) IC\ T st5 o.',P FJ BE9F 1J6tirr'O -:J€.E EEF 5 /--.n .:3 €H Ef; f'r*rr o* dc; - j0.)ra)d)l.t: Oe g b pH A: EE Ia g; €E eg &, , - F{ rlr \J(d C)(E- d3 €ss€S E€= qn SBtr;E E+lSt SqgF$ ; s'Ebco OOO'F -.E yl 0 c'tfi EgFH"\J lrrG X}E bc4 .FEaai FF'E 3.H 5zg=$ €EEH3 EEE.EF- u:ie,--P q;& u = 5:sE'3.O HFd9o'lH!2 cs .= O. O. ^H HEH:; H.:E Fg s H;>U E i-" c ooo; ts f';- trk '=.F,='E; a4 ).2y f F r,?! oo5rt fiZI"T I 0)f, 0) C).; C) g .t >. F.t 0) 0) r..l (.) aG R; Tcr€ e ;o\ -! r-\ H d >, -r-?r (d !1 Caa) -\xu x'F"; < b:o4,n;B €gFg gH -^ :- a -.Hs 5x '2- Fl r-XU ()o..!9 (dHtrbo q) .a x.o 9)'iq ,. \J ,\J r' .,a.==9X F:l'< rJ -Y .-F.C NF 9aE ^ fi 5 SFtrc{F-o;5S ; E;S' Er.r.:€ s E 5 rp g F g6 'E e X: 8 g ho E c.i ^"v1 .d n,r- c v -N ..t t-- o oC\ ) e F- oO N \O r.) :Y -\z_. $i ElEilcE E i fi = ? E E FA ? 8,i d 5 E i o Parkine Detail: Below is a detailed analysis of the parking requirement for the West Day Lot/Marriott Site. Please note that net areas',vere used where applicable to calculate the appropriate parking requirement. Below are floor pians of the three levels of parking provided on the srte. The proposed development plans include a total of 520 parking spaces. There are 42 parking spaces in excess of the Town's requirement for the uses on this site. However, 37 of these excess spaces are located in the Gore Creek Residences and are not fungible with the other WDL development. Parking is provided on the site as indicated belolv: West Day Lot Hotel Stmcture: Gore Creek Residences: Marriott Hotel: 405 spaces 54 spaces 6l spaces o Coodominium Units Less Nlixed Use Credit nium Uoits I-es s Mixed Use Credit Gore Creek Residences T, Vail Resorts - The Redevelooment ofLionshead I : I I 'l i I :-*.1 -iRD tLISE\lgNT Pl.r\N . +8ttr.o Iqtlr{xrut tl'l l.t',l i" "" " :'..\-r;l l\D B.{SF.\[F,NT PL\N . +3no.o ;iii..qn{i lt'\ l'02 West Day Lot - Parking Levels ./-\., t" Vail Resorls - The Redevelopment ofLionshead I rljttf"-ttti fi.'/r il :I JI h --'." ll -/!FFi t:F:IFI tfiil'ti [*i1 r'. $i. *ii;iiliii;*"-"Ijii;* -+" I IST B,\s!-\IENT PL\Nj . +8lr,.o ru 5.,it .!e rL\ tJU -'"."* --.\--_/' West Day Lot - Upper Level Parking and Loading Loadine and Deliverv Detail: The Town of Vail regulations provide a series of formulas to determine the overall loading berth requirement for a redevelopment project. The regulations also contain a series of reduction credits for mixed use projects such as the West Day Lot/Marriott Site. The maximum number of loading bays required of any mixed-use project in the Town of Vail is five loading berths. Vail Resorts Development Company is providing a total of 6 loading berths at various locations on the site. Two new loading berths are located below the new hotel building in addition to the 4 berths located at the Marriott hotel. "/' ,.1 Vail Resorts - The Redevelopment ofLionshead o Emplovee Housing: Below is a detailed analysis of the net increase in employee housing impacts of the proposed West Day Lot redevelopment. The calculation is based on the Town's general methodology for determining employee impacts. The formula uses the 15% multiplier since the project is being developed within the density requirements of the Lionshead Mixed Use I zone district as consistently used by the Town. Employee housing requirements of all redevelopment sites (inciuding the Front Door) are being met within the building proposed on the North Day Lot. Environmental Impact Report: An environmental impact report (EIR) was provided to the Town with the originai Lionshead Redevelopment submittal. The changes to the West Day Lot only minimally change the development impacts to the site. The changes include an increase in the number of potential lolv-density drvelling units from 12 units to 20 units. The number of potential building footprints has been reduced from 12 to 10. The EIR as currently submitted sufficiently evaluates the proposed development and no update is necessary, other than an update to the overail traffic report for Lionshead. This update to the traffr.c report rvill be provided. o Vail Resorts - The Redevelopmenr of Lionshead l0 o u.NO NET LOSS OF PARKL\IG A- Master Plan Policy A ground-rule was established during the master planning process for Lionshead that states that there r,vill be no net loss of parking (public or private) in the Lionshead redevelopment area. That means that as properties are redeveloped or vacant properties are developed parking must be provided to serye the proposed nses and that employee parking located in Lionshead (the West Day Lot and the North Day Lot) must be replaced if displaced by new development. Section 3.9 "Parking" of the Master Plan provides an "assessment of existing parking conditions." That section goes on to identifo the North Day Lot and the West Day Lot as existing employee parking areas containhg 105 and 160 parking spaces, respectively. B. Vail Resorts Parking PIan The parking plans for all ofthe proposed redevelopment sites address two issues: parking required for the new or redeveloped use and parking displaced from the North Day Lot and the West Day Lot. Al1 proposed development projects (i.e., the North Day Lot, the Core Site, the West Day Lot, and the Tennis Court Site) provide all ofthe parking required for the uses proposed. Displaced employee parking may be accommodated in the following ways and on the following sites: as surface parking located on the Maintenance Center/Holy Cross Site or in conjunction lvith a parking program utilizing Vail Resorts property located near the Minturn exit of I-70. A specific ernployee parking replacement plan and program will be provided by Vail Resorts prior to approval of the proposed Lionshead redevelopment projects. Vail Resorts - The Redevelonment of Lionshead tl ry.PROJECT PHASING ' Below is a timeline for the phasingisequencing of the proposed redevelopment projects. The sequencing ofthese projects is key to the overall success ofthe projects. Issues such as funding/cash flow, staging, and commerciai disruption are all interrelated and inter-dependant and can have signifrcant impact upon the ability to construct the overall redevelopment projects. TimelindSequencing: Tennis Courts Site: West Day Lot (Homes): Core Site: North Day Lot: West Day Lot (Hotel): Anticipated Proiect Start Spring of2004 Fall of2004 Spring of2005 Fal]of2005 Spring of2006 Anticipated Proiect Completion Fall of2004 Winter 2005 or Spring 2006 Winter 2006 or Spring 2007 Fall of2006 Winter 2007 or Spring 2008 o Va.il Resorts - The Redevelopment of Lionshead t2 \'. tr I \\,\t\ \\\i, \. \N:'r. \.." ff"\\ \ s;, i\ il+:l\,'\ i 'llitlt '' ' ,t\',i: t,,t i I ffiijii {l/ '\ I\ |\ \ '\. k rEt\ f,l'lN' ;i:o$k\' i E' ffiu\i^3| *"-'-t-= *til,,.i); -----^___-JJ'/ ', --:/ lti ill iliilirl ;ii;! lrl ,tlt) r.--' -- I/) , i-:::=-,';+ _:v:is Nt*S $s,"*\ \\i'i1\ ?. 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It .i ffi Hq E_l FB rH ffi ^1ns1 du I d g UooFssr|==Gii !:i F6lPpr$$ 6iq Fm rflt- at- z EORE 6REEK "LACEL IONgI-IEAP, AEST I,AY LOT VAIL, @LORADOtrTtrT o o ornlu r.,J ) lF ll r"l(t ".|1sla', "llll"i- Yl Ielc tatatrn ln lfit<trnlrt.It Itlz o o $ ulTI + I do-n aIzo 6ORE 6REEK PLA.-IE LIONSHEAP, AE3T DAY LOT VA,IL, @LO?ADO I I I I I I __J I I I I I I I I I I I I I I I I I I I I I I i lri l" =ry-il- ,Jee',E ,o-,Qz'aqatd ls lo ,,t42- eZ tAgAte 'lt I l$! tFrl ,,o-,ae'aaatd j loln loI liit- tr[trI :J$ l1 r'Ihs t,'.lt;;'q ulFI s IzoI rr|t-m '< { oz F N I3 I't I $ I q A s -t ! FIir 1! >> Ioo <88 fii9;tn i ,i9 i tir i OORE 6REEK PLA.-IE LION5HEAP, |r'{lE9T DAY LOT VAIL, OOLARADOtrNET $d -rmi<o 14 o ! rl d ! oq oo t s vI 2I q !t ol$ *,# *r!$,ir il,;:lll Ur U c\ s I ulocI mr mf-t oz ,tY stuli lo. AORE 6REEK PLAC|E LION TIEAP, I^{E5T DAY LOT VAIL, COLORADOtr[trI ltI!zl\. IG\ I-s-Y Io ffin,?fr16ns (.i) Fgd t'nti = orRlu :q$lH ,lhli"t> trnIOlrlm||- t3l{to l= EE $$$ I +oa'fiI 7 n t. ^-v OORE CREEK r'LA.*lE LIONgHEAD, NE5'I DAY LOT vA,lL,@Lof<ADoEt]trT U) h v Ji g qI 6 i 6 l st 6 6o t F of { .1 ut-I + I vI rnrmfI oz oliR "JPll lll $$ J'- d "li + Inlm, il;'l{ OORE CREEK PLAOE LIONSHEAP, }"{EgT DAY LOT VAII, @LORAPOtrtrtrI o o o (') <FD iE d, -. P L LIbd,LEe tt IE 1 I '@ t. El t--t13 ill I E ll ll LONSHEAD, *EST DAv LOr ll Il- ull 1l 'll ll vn r, coronnoo | | o o o d! iEz Ir ll rttlt Kl Fl- tc:d Hir,F g ry s !tl diti ,,.m o THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for_a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WesUunplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located a|242 East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther A final review of a conditional use permit, pursuant to Section 12-7H'5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc- Planner: WarrenCampbell A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: ElisabethEckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplaln locjtted at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, (a complete meies and bounds legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regtlar office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orie-'-'' " isits that precede the public hearing in the Town of Vail Community Developm, se call (970) 479'2138 for additional Attachment: E Attachment: F DEVELOPMENT APPLICATIONS FOR: r Lionshead Core o West Day Lot o North Day Lot o Tennis Court Site Submitted to: The Town of Vail 75 South Frontage Road Vail, CO 81657 Submitted by: Vail Resorts Development Company 137 Benchmark Road Avon. CO 81620 Revised 9-16-03 PROJECT TEAM Applicant Vail Resorts Development Company Design Architects Hart Howerton OZ Architecture Master Planning Hart Howerton Plarurine and Entitlements Braun Associates, Inc. Jay Peterson Landscape Architects Hart Howerton DHM Design Civil Ensineering Alpine Engineering, Inc. Land Surveyors Peak Land Consultants, Inc. Trafhc Consultant Kimley Horn & Associates, Inc. Environmental Impact Report 42140 Architecture Lionshead Redevelopment TARI E. .|F '-NNT[.NTS Pase I J 4 5 6 l6 25 32 A. B. C. D. I. A. B. C. D. II. III. A. B. IV. v. 36 36 36 37 38 38 4l 45 48 5l Introduction About Lionshead Redevelopment Projects Key Elements of Project Development Review Process Organization of this Report Detailed Proi ect Description Core Site West Day Lot North Day Lot Tennis Court Site No Net Loss of Parkins Master Plan Policy Vail Resorts Parking Plan Proiect Phasins Proiect Review Criteria Vail Plaza (Core Site) West Day Lot North Day Lot Tennis Court Site Master Plan Considerations A. B. C. D. vI. I. INTRODUCTION The planning and development for Lionshead began in the early 1970's in an era when condominium development was exploding nationwide. Lionshead was developed with condominium buildings with little attention to the bulk and mass of buildings or architectural detail. Now 30 years after the development of Lionshead, there has been little change or reinvestment within the Lionshead area other than mountain operation improvements (Chair 8 and the Eagle Bahn Gondola). This lack of re-investment prompted the Town of Vail to embark on a redevelopment planning effort in 1996 which resulted in the adoption of the Lionshead Redevelopment Master Plan. The Town Council recognized the need to encourage the private sector to redevelop Lionshead and this recognition is contained in the following policy statement: Lionshead lacks the charm, character, appeal and vibrancy expected of a world class resort. It lacks a sense of awival and a sense ofplace. The pedestrianflow through the nall can be confusing and disconnected. The architecture lacks a unique identity or reference to Vail's historical antecedents and its alpine environment. Many oJ'the buildings are physically aging and functionally underutilized, resulting in negative impacts to properry) values, private proJits and public revenues. Potential hospitality, retail and recreational uses, and comntuniry amenities are unmet or unrealized. It would be short- sighted to ignore these conditions and do nothing. The opportunity exists for the public and private sectors to act collaboratively to renew and revitalize this important component of our community. The Lionshead Redevelopment Master Plan provided the needed incentives to encourage private interests within Lionshead to redevelop. Vail Resorts Development Company is proposing to redevelop a large amount of the land area within the Lionshead area: the Core Site, West Day Lot, North Day Lot, and the Tennis Court Site. The proposed redevelopment plans significantly implement the redevelopment objectives and policies of the Master Plan thus achieving the Town's desire to improve the aesthetics and economy of Lionshead and Vail as a whole. These applications represent the largest redevelopment effort and investment ever presented in the history of the Town of Vail. A. About Lionshead Redevelopment Projects The objective ofthe proposed Lionshead redevelopment projects is to transform Lionshead into a first class destination mountain resort that captures the timeless feel and ambiance of European villages, blending it into the distinctive character already established in Vail Village. Vail Resons - The Redevelopment of Lionshead While Vail was originally built on small lots at a "village" scale, Lionshead has developed in a larger, more urban pattem. As a result, the new Lionshead architecture and street scene proposals draw on the larger scale precedents in the best mountain cities and towns while extending Vail's original Alpine vision. This transformation is intended to create a heart for Lionshead, a center that utilizes time tested principles to create charm, elegance and an exciting, dynamic place (Robert Lamb Hart). The following projects are included in Vail Resort's redevelopment applications: Core Site - Located in the heart of Lionshead, this is a comprehensive redevelopment of the Core Site (old Gondola Building, ticket offices, and Sunbird Building). This is the site of a proposed five-star Rock Resorts hotel with a new outdoor public ice rink. This new hotel and ice rink facility will bring vitality and energy to the Lionshead core retail areas. The redevelopment project also includes skier service facilities, retail and commercial spaces, restaurants, condominiums, a skier club facility, the redevelopment of the skier bridge across Gore Creek, a public and private loading and delivery facility, and new streets and plazas as envisioned by the Lionshead Redevelopment Master Plan. West Day Lot - Located on the west end of Lionshead, this project includes the redevelopment of what is known as the West Day Lot. This project involves the completion of the recently renovated Marriott Hotel as well as the construction of a new hotel and a low-density residential project along Gore Creek. The project conforms to the Lionshead Redevelopm€nt Master Plan by creating structures which comply with the design guidelines for Lionshead and improving the bed base within the Lionshead area. North Dav Lot - Located between the Landmark Condominiums and the Interstate, this project includes the redevelopment of a surface parking lot into an employee housing and office building. This project includes employee housing for all of Vail Resorts Lionshead and Front Door projects in addition to replacing the Sunbird dwelling units (currently unrestricted employee housing). This project also includes a location for a transit center to be developed on the ground level of the site by the Town of Vail. Termis Court Site - Located on Forest Road, this existing tennis court site will be redeveloped with four ski inlski out luxury residential home sites served by a private road. This project also includes the removal of snowcats on West Forest Road and the development of a new snowcat access bridge and route to Vail Mountain (under separate application). Vail Resorts - The Redevelopment of Lionshead B. Key Elements of Project The following provides a brief summary of the key elements of the proposal, particularly with respect to the community benefits that will be realized by the project: r The introduction ofa new five-star Rock Resorts hotel in the heart ofLionshead; r The development of a new public ice rink facility to add vitality to the Lionshead retail areas; . Projects conform to all of the Town's goals and zoning policies as documented in the Town's Zoning Code and the Lionshead Redevelopment Master Plan; r Redevelopment of four large strategic sites within Lionshead which will act as catalysts for future redevelopment of Lionshead by other property owners; o The replacement ofsurface parking, the introduction ofunderground loading and delivery facilities, the removal of old and deteriorating structures, and the removal of many other unappealing uses and activities at the most popular portal to Vail Mountain; o The improvement of the pedestrian flow through Lionshead by the creation of new pedestrian sheets, the introduction of retail and restaurant uses, and the introduction of life and vitality of the north retail mall area; r The introduction of new residential and lodging uses (new live beds) encouraged by the _. Lionshead Mixed Use I and2 zone district which will add life and vitalitv to the Lionshead core area: r The development of a skier club facility that will provide parking for members, thus reducing the demand on Town parking facilities; o The development ofa sub-surface public and private loading and delivery facility serving the entire core of Lionshead; . As part of the four lot subdivision on the Tennis Court Site, removal of snowcat access liom Forest Road; and r Development of a new skier bridge across Gore Creek which will help to further improve the character ofthe Lionshead area. Vail Resorts - The Redevelopment oflionshead C. Development Review Process The purpose ofthis report is to present a comprehensive evaluation ofthe proposed development with respect to the Lionshead Redevelopment Master Plan, zoning regulations, and subdivision ordinances. This evaluation includes a detailed description ofeach element of the project, response to applicable review criteria for each individual application, and identification ofmaster plan goals addressed by the projects. Applications that have been submitted include: Core Site r Major Exterior Alteration application for proposed structures r Conditional Use Permit application for meeting rooms r Conditional Use Permit for lodge rooms or dwelling units located on the ground-level of a building r Conditional Use Permit for retail/restaurants located on the second floor of a buildins r Conditional Use Permit for a private skier club . An environmental impact report of the entire project (the EIR has been submitted under separate cover, but is to be reviewed in conjunction with these applications) West Day Lot o Major Exterior Alteration application for proposed structureso Conditional Use Permit application for meeting roomsr Conditional Use Permit for lodge rooms and dwelling units located on the ground-level of a building r Conditional Use Permit for retail/restaurants located on the second floor of a buildingt Zoning Code text amendment application to allow single-family and two-family residential dwellings subject to the issuance of a conditional use permit r Conditional Use Permit application to allow single-family dwellings r An environmental impact report of the entire project (the EIR has been submitted under separate cover, but is to be reviewed in conjunction with these applications) North Day Lot o Major Exterior Alteration application for proposed structureso Conditional Use Permit application to allow offices in a buildingo Variance application to allow a zero foot setback along the north property line adjacent to Town of Vail property o Variance application to allow a fence/wall in excess of six feet in height . An environmental impact report of the entire project (the EIR has been submitted under separate cover, but is to be reviewed in conjunction with these applications) Lionshead Tennis Court Site r Rezoning application to allow Two-Family Primary Secondary Residential zoningr Major Subdivision application for a four lot subdivision. An environmental impact report of the entire project (the EIR has been submitted under separate cover, but is to be reviewed in conjunction with these applications) Vail Resorts - The Redevelopment oflionshead Review of these applications will involve both the Town Council and the Plarning and Environmental Commission (PEC). In summary, the PEC will provide recommendations to the Town Council with regard to the master plan amendment, zoning code text amendments, major subdivision, and the rezoning request. The Town Council will have final decision-making authority on each of these applications. The PEC will have final review authority on the conditional use permits, major exterior alterations, and variances. It is anticipated that the Design Review Board (DRB) will be preliminarily engaged during the review of these applications with formal DRB review to be initiated after approval of the applications listed above. D. Organization of this Report In order to facilitate the concurrent review of these development applications, this report has been organized in the following seven chapters: L lntroduction This chapter provides an overview of Lionshead, background related to the Lionshead Redevelopment Master Plan, an overview of the proposed redevelopment projects, key elements of the project and a summary of the applications that have been submitted, and an overview of the review process. II. Detailed Proiect Description A detailed description ofdevelopment proposed for each site is provided in this chapter. III. No Net Loss of Parking The analysis ofthe "no net loss ofparking" policy for all ofthe redevelopment projects and sites is included in this chapter. IV. Project Phasine The anticipated phasing schedule for all ofthe redevelopment projects is included in this chapter. V. Project Review Criteria A response to applicable review criteria for each development application that has been submitted is provided in this chapter. VI. Master Plan Considerations This chapter includes a summary of goals ffom the Lionshead Redevelopment Master Plan that will be implemented by the proposed project. In addition to narrative project descriptions found in this report, a variety ofsite plans, building elevations and floor plans are also presented. While these graphic elements provide a visual description ofthe project, they represent only a portion oftotal plan set that have been submitted to the Town. A comprehensive set of plans prepared in accordance with Town of Vail submittal requirements has been submitted under separated cover. Vail Resorts - The Redevelopment of Lionshead II.DETAILED PROJECT DESCRIPTION A. Core Site The redevelopment of the Core Site (Old Gondola Building and Sunbird Lodge) was the most important and most discussed element within the Lionshead Redevelopment Master Plan. This site was identified by the Master Plan as being key to the overall success of the Lionshead redevelopment initiative given its prominent location and the ability of the redevelopment of this site to "spur" additional redevelopment within the core of Lionshead. The Master Plan identified the core site as the priority location ofa resort hotel and the proposed project reflects that emphasis. Below is a detailed description of the existing and proposed conditions. *s.F tt fit ?$-li.;itr 1!..ji{:- { .4' i Core Site Aerial Perspective Vail Resorts - The Redevelopment of Lionshead l. Existing Conditions The existing site includes two structures; the Gondola Building and the Sunbird Lodge Building. The overall site includes approximately 19,000 sq. ft. of offices and skier services facilities, 9,200 sq. ft. of retail, 23,263 sq. ft. of restaurant area, and 100 employee beds (not currently deed restricted). The site also contains employee and public lockers, public ski storage, public restrooms, storage facilities for on-mountain operations, and parking and loading areas. The clock tower element is located on this site. The site is surrounded by pedestrian streets, other lodging and retail facilities, and the Eagle Bahn Gondola and ski yard. 2. Overview of Project . Design Concept The Core Site is proposed to be redeveloped as a hotel (a five star Rock Resorts hotel facility). This hotel will be developed in two structures which from the pedestrian level will read as four separate structures. The layout of the site mirrors the design shown in the Lionshead Redevelopment Master Plan. The plan creates two new pedestrian streets through the property making the ski slopes and retail areas more accessible to the pedestrian. This building and street layout creates new view corridors as recommended in the Master Plan. The proposed buildings have been designed with strict attention to the design guidelines which include building stepbacks of 16' or greater as the building transitions from the ground floor to the upper stories. The design concept was taken directly from the Master Plan and all buildings have been designed with a sturdy base, quiet middle, and articulated top/roof. Vehicular access to the Hotel and subsurface loading and parking areas is gained ffom Lionshead Place. Pedestrian access to and throueh the site occurs on everv frontaee of the site. . Project Components The hotel includes 81 hotel rooms, 60 of which are hotel lock-offunits. In addition, there are proposed to be 79 dwelling units of varying sizes and configurations. Owners of condominium units and lock-offs will be encouraged to participate in a rental program operated by the hotel. A variety ofincentives and disincentives will be utilized to encourage owners to participate in this program so that the entire property can be operated as a resort hotel facility. The hotel includes a large lobby area, lounge, spa facility, meeting rooms, and other necessary amenities associated with operating a five star hotel property. Vail Resorts - The Redevelopment of Lionshead rI Retail Level - Internal Streets r-T- I ini -.9 Frf .f=-.-,9|'-:.---_! : ,-__-__- \ Vail Resorts - The Redevelopment of Lionshead As shown in the graphics above, the restaurant and retail areas have been located to take full advantage of the pedestrian mall areas, the exposure to the ski slopes, and the exposure to the sun. The Core Site project includes approximately 22,100 sq. ft. of retail, 9,770 sq. ft. restaurant area (5,230 sq. ft. is leased area), and 3,545 sq. ft. of skier services area. Skier services, restrooms, and other more public elements of the program have been located at convenient locations within the building so that skien and shoppers can take full advantage of the ski mountain and the aprds ski facilities within Lionshead. e Parking and Loading One of the more significant features of the proposed development is the creation of a two level sub-surface parking and loading facility beneath the proposed buildings. Two- hundred and ninety (290) parking spaces have been provided within this facility in addition to the 31 parking spaces that were paid-in-lieu for the Kaltenberg Castle restaurant. Ofthe 321 (290 + 3l) parking spaces provided,2l5 are required to support all ofthe uses proposed on the property except the skier club. The additional 106 parking spaces provided will serve the proposed skier club membership. The loading facility provides 8 loading berths where only 5 are required to support the proposed uses. The excess capacity within the loading facility will be available for public us€. A service elevator has been provided to bring deliveries directly into the core of Lionshead from this loading facility. This loading facility will also support on-mountain operations and facilities via the existing below grade tunnel to the Eagle Bahn Gondola. North Elevatron - lce Rrnk (as vewed from North Uonshead Mall) Vail Resorts - The Redevelooment ofLionshead 5ovLh Elevaton - lce Rrnk (as wewed lrom nternal sbreeL) r Public Ice Rink/Skier Bridge The proposed redevelopmont plan includes the most significant public benefit of all of the redevelopment projects: a new public ice rink facility. This facility will be constructed by Vail Resorts Development Company and is proposed to be operated by a public agency such as the Vail Recreation District or the Town of Vail. This use was identified as a "desired" improvement within the Master Plan to help further revitalize the north pedestrian mall and create a new pedestrian magnet for Lionshead. The two images above show the context ofthe ice rink as viewed from the north pedestrian looking south and from the new pedestrian street within the project looking to the north. Also associated with this project is the redevelopm€nt of the skier bridge across Gore Creek. The new bridge will have greatly improved architecture and will be wider than the existing bridge to allow a variety of users/traffic on the bridge at the same time. This bridge will be replaced during the same construction season as the redevelopment of the West Dav Lot Residences. Vail Resorts - The Redevelooment oflionshead 10