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
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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
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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
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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.
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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.
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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
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-&<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
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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-
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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
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dt4lzt J rcsll A-2
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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
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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
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)
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
:
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i T..k J Slmonton Er9I., C0 319
9087s8
iPage:1of 2
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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
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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'
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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'
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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
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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
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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
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)
Afa%r-\
6rv"{flD\' .r'S0I4,?p''..4::i"-i
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W*-:lllils}
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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
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ANIIERS CONooU|NTUM
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,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
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PEC and DRB
APPLICATIONS
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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
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TOWN OF VAIL. COLORADO Statement
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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
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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'
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TOWN OF VAIL, COLORADO Statement
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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
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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
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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
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28
29
30
31
32
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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,
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3
4
5
6
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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
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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.
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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
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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$pr. Fir.,,'" body eilr nnrrri,u tae ae
Page2of3
BOIJTRD
Fffilr ubtlr
Cast Oae b otrnbnt |mffe& qmf€d lilt .|d|orbGadbnrpbb.
A_s II
i
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Forconrpanirn gudeo [ght, q|dut
rrp|lnbd, sE$c. nb. gll h0*s
Avalabb rr|[r 1f darnobr h@d,rpGdffdin€br.Atidhbbrnflh l$p€d hood, spedryI etrfrrlill.
hcp/*ocrlirfo inc.cm/catalof s/sld4h
'mission outdoor light fixture - Grand Light - outdoor lantern light, arts and crafts light fixtut Page I of 2
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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
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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
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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.
Please review these comments and if you have any questions regarding this letter please contact me at
970-479-2148.
Cc:File
arren Campbell
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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.
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JULY 13,2004
PRE-CONSTRUCTION
MEETING
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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
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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.
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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
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I. Introducfion
IL Detailed Proiect Overview
IU. No Net Loss of Parkins
IY. Proiect Phasing
V. Proiect Review Criteria
YI. Master Plan Considerations
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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.
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Vail Resons - The Redevelopment ofLionshead
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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
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Coodominium Units
Less Nlixed Use Credit
nium Uoits
I-es s Mixed Use Credit
Gore Creek Residences T,
Vail Resorts - The Redevelooment ofLionshead
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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.
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Vail Resorts - The Redevelopment ofLionshead
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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
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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
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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.
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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
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Retail Level - Internal Streets
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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