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Home My WebLink AboutVAIL VILLAGE FILING 1 BLOCK 5E TRACT C AUSTRIA HAUS AKA SONNENALP SDD 35 1997 APPROVAL PART 5 OF 5 LEGALIo o o This File Contains the Information for the Austria Haus SDD #35 Approval r997 o o LT TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2t38 FAX 970-479-2452 January 15, 1999 Mr. Bill Sullivan P.O. Box 8070 Jaclcon" Wyoming 83002 Dear Bill, I have received your letter of January I l, 1999 requesting my assistance in the Austria Haus Hotel & Club obaining a HoteVRestaurant Liquor License. In response to your request, i have spoken with Tom Moorhead. Having discussed the various issues in depth, Tom and I agree that you need to pursue a minor amendment to your special development disrict approval. An amendment requires a review a by the Planning & Environmenhl Commission and two rcadings of an amended ordirnnce by the Town Council. The purpose of the amendment would be to clarify the intent of the condition prohibiting an on- site restaurant, yet emble you to obtain the desired license. upon receipt of my lefter please contact me so we can arrarrge a muhrally convenient time to meet. You can reach me most easily by telephone at9'70-479-2145. I am confident we can resolve the current situation to everyone's satisfactio[ Sincerelv. l-,1 -\/ ,b^.-9-'K4l-t*t George Ruther, AICP Senior Planner Town of Vail Xc: Tom Moorhead, Town Attomey {grnnuoruo Jan 14 99 O1:23p I,JILLIRM F.SULL I VRN 30? -?33 -?384 o [ustria Haus C/4 Januar.| 11, 1999 'ldr: George Reuther Scnior.Planner .Tor*n-of,Vlfl,' 75.$o{th Frofiage RoEd Vai[ Qo. sl55z Dear Creorge, ,Weareeee*ing-ae*smcefcqleli$r$rg**orelno*r.rr*Ifusss.bordcr.to eliminarertlltttta H.f"*$: I lry_-f t qtrng, rhe.ribrrry, and,leungc.areas.ded,e! eno resolving this problem" t-rte. *te tol-terp us in €eif"r€uc$-r€qu€sts-s b€dsef{hsrysFe{€nt.totk#*eeq +rp&*rrmthm thar ileyare wsloono {o oonedonm,to-trelonngc toddnk.it.thffc- m.y ."rrr, ,t *".bweregeao&*'*om- -h.erderl demanda co'qrlae bwerage service is reguired" p.2 Williern Sullivan . Post Officc Box 8070, Jackson Holc, Wyoming g3002 307_733-736/. t 307 733-73g4 fex To: From: Datc: Rc: MEMORANDUM Dcsign Rcvicw Board Gcorgc Ruthcr, Town Planncr JruJy 2,1997 AUSTRIA HAUS CONCEPTUAL REVIEW DISCUSSION ISSUES 2. The Vail Town Council on July 1, 1997, approved thc Austria Haus SDD. Thc SDD permits the redevclopment of the existing property according to the approved development plan. The rcdevclopmcnt includcs the ncw Austria Haus, East Mcadow Drive and Slifer Square irnprovemcnts, Gorc Creck strcambank restoration, and landscaping. Thc applicant has rcquestcd a conccptual revicw with thc Design Rcview Board to bcgin discuisions on the redevclopment. Staffwould suggcst that at a minimum, thc DRB discuss thc following issues with thc applicant: I . The cxterior building matcrials/dctails (i.c., balconics, fcncing, window trim, fascia, mullions, flowcr box, ctc.) including color and application. Thc dcsign ofthc bus shcltcr in Slifer Square. The dcsign and location ofthe "overlook" in Slifcr Squarc' The strcambank rcstoration plan. Thc Town Council's dcsire was to sec the strcam bank rcstorcd to a morc "natural" statc with the minimal usage of rctaining walls. Thc outdoor lighting of thc building including the location and typcs of fixtures. A comprehensive sign program for the building. 7 . Thc type, location and quantity oflandscaping on thc property' 8. The screening of all rooftop mechanical cquipmcnt. 9. The paving materials and pattern' Staffwould further suggest that thc DRB provide clcar direction to the applicant regarding any issues or concerns which must be resolved prior to a final rcview. The applicant is tentatively schcduled for final review of the Austria Haus on July 16, 1997. 3. 4. 5. 6. IILE COPY Oonl'OFVAIL 75 Soutlr Frontage Road Vail, Colorado 81657 970-479-2 I 3 8/479-2 I 3 9 FAX 970-479-2452 .luly 9,1997 Gordon Picrce Piercc, Segcrbcrg & Associatcs Architects 1000 South Frontagc Road West Vail, Clolorado 81657 D e p ar t nt e nt of C o ntrnunity D eve lo pme nt RE: Dcsign Rcvicw Board Conccptual Rcview of thc Austria Haus Dcar Gordou, Thank you for attending thc Design Rcvicw Board rnecting Wcdncsday, July 2, 1997 , to discuss thc conccptual rcvicw of thc Austria Haus. Thc following issucs wcrc discusscd on a conceptual levcl and the DRB has providcd thc following dircction: Extcrior Building Matcrials/Details L It was agrccd that you r.vould providc drarvings of the architectural clemcnts (balconies, trim, fascia, flowcr boxcs, ctc.) prior to finel rcview. Thc DRB agrccd with thc idca of slightly varying window dctails on thc tlrrcc building forms. 2. It was agrccd that a color board, showing the rangc of colors proposed for thc Austria Haus, would bc subnrittcd for rcvicrv and that you would rcappcar bcfore the DRB for a final rcvicw and approval prior to painting. 3. It lvas agrccd that you rvould submit drawings showing roof material types and colors prior to final revierv. The DRB prefcncd a slightly less red roof matcrial than that which is on thc Bavaria Haus and was agrceable to three differcnt roof materials on the north elevation and two on thc south elevation. Gore Creek Strsambank Restoration Plan l, T'hc DllR fclt strongly that thc restoration plan should result in a "natural" appcaring streambanl<. Is shall includc a mininial usc o1 stackcd bouldel lctaining walls, nativc plani nlatcfials, tto "cut" grass, and no disturbance of the existing spruce trees and willows. 2. Thc DRB believcd it is important that the botrldcr wall undulate along the stream edge and that morc grading occur on the Austria llaus propcrty to reduce the slope. 3. A final strcambank rcstoration plan shall be reviewed and approved by the DRB. {P *""'"""o '*"' r.t .ri! 'i . 'i .t cor.ltr..i.'o".rr#r.';i ['',tr rorur. l. Thc DRB fclt that thc location you proposcd for thc ovcrlook was thc most appropriatc lcrcation. 2. 'fhc DRB bclicvcd that rhc final dcsign of thc ovcrlook should NOT compctc with thc Covercd Bridgc. Thc ovcrlook should bc vcry informal and timbcrs, boulders, ctc. should be used for thc construcrron marcrials. Thc final dcsign shall be revicwcd and approvcd by thc DRB. Siifcr Squarc Bus Shclter l. T6c bus shelter nccds morc substancc (largcr timbcrs, metal bracing, battered stonc columns, ctc.). 2. Thc stonc uscd on thc bus shcltcr shall match that which is alrcady existing. 3. Design featurcs of the Covcrcd Bridge should be incorporated into the dcsign of the bus shclter. Cornprehcnsivc Sign Program l. A conrprchcnsivc sign program is rcquircd. Thc DRB fclt that eech building form should have a_ slightly diffcrent wrought iron sign structurc. The DRB agrecd that thc signs should bc displaycd pcrpcridicular to thc building. The conrprchensivc sign program shall bc rcvicrved and approved by thc DRB. Paving Matcrials and Pattcrn l. Thc DRB rccommcndcd that the Slifcr Squarc and pcdestrian walkway paving matcrials comply with thc Strectscapc Master Plan. Thc Streetscape Mastcr Plan recotnntcnds rectangular, squarc and a mixturc ofsquarc and rcctangular full thickncss brick pavcr shapcs. Thc brick pavcrcolor shall be a charcoal, brown and Arapaho Blend mixture. A flagstonc paving matcrial should bc uscd in Slifcr Squarc. Outdoor Lighting and Rooftop Mechanical Equipment I . A outdoor lighting plan is rcquired. The lighting plan shall indicate the location and types of all fixtures proposed on the building. The plan shall be approved prior to thc start up of construction in thc Spring of 1998. 2. All rooftop mechanical shall bc screcned. A rooftop scrccning plan is required. Thc plan shall be rcviewed ind approvcd by the Town of Vail prior to the issuance of a building permit. If you lTave any questions regarding the DRB's direction, plcase do not hesitate to call. You can reach me at 479-2145. Sincercly, -l fL---'r-r-- Ceolgc Ruthcr, AICP 'fown Planner . ,. . ,i :! ? .,.,t 'i ,. '," ji-j cnr.'br..r'oi,.rr,ia{r,'i,1 [t r L,. sq uor. l' Tlrc I)RB fcll that thc location you proposcd ftrr thc o'crlook rvas thc lnost aprlropriatc rocation. 2' 'I'hc I)RIl bclicvcd that tlrc final dcsign of thc ovcrlook shourcl NoT'conrpctc rvirir thc crovcrcclBridgc' l'hc ovc.look should bc vcryTirrfornral and tinrbcrs, boulilcrs, ctc..shorl(l bc usctl for thccorsrrucrion nrarcriars. 'r'hc finar dciig'shail uc ,cui.rr,,,-a o,ii.ppr"i"o by trrc DRB. Siifer Squarc Rus Shcltcr ' l;::r:trs shcltcr nccils morc substancc (largcr rimbcr.s, nrctar bracing, batrcrcd sronc colunrns, 2' Thc s;torrc rrsccr on irrc bus shcrtcr shat nratch that rvhich is arrcacry cxisting. 3' Dcsign fcaturcs of thc covcrcd Bridgc should bc incorporatctl inro the <lcsign of thc bus shcltcr. Conrprchcnsivc Sign program I A conrprchcn'sivc sign llrogranr is rcquircd. Thc DRB fclt rhat ceoh buitding fornr shoulcl hllvc aslightlv drflcrcrrt wrought.iron tign rti',,.iui.. Thc DItu .gr..a iir.i,'i. signs should bc displayc. ffT,tJt$',ii!.'' to thc bLrilding' Thc conrprchcnsivc sig. p;;;';J;ilc rcvr*vcd ancrapprovc<l Paving Matcrials and pattcrn o,'l^hc I)RR rccontntcndccl rhat thc slifcr squarc a'd pcclcstrian walkway paving nratcrials conrpll,rvith thc Strcctscallc Mastcr Plan. rrrc stlcctscapc'ilu.,.,- pran rccorri,ricnar?."tungurnr, squarcandamixrurcofsquarcandrccrangurarf.,ii;;;;[;;;;brickpavcr.shapcs. r-hcbrickpavcrcolor.shall bc a charcoar, brown arrd Arafiaho Br;;J,;r;;;;;.. A flagsronc paving uratcrial shourct bcruscd in S lifcr Squarc. Outdoor Lighting arrcl Rooftop Mcchanical Dquipnrent ' f-::jl-o::]l-g]tti'ls plan is rcquircd. Thc lighting.plan shan indicarc rhc locarion ancl typcs of all il1',:'j.'i'J,fi!";Tl#;:n. buirding. 't hc pra*n snir'uc d;;;il;;', io"l,.,tu,t "; ;i';;;;,,;;;", 2' All rooftop nrechanical shall bc scrccncd. A rooftop scrccning plan is requircd. Thc plan shall bcrcvicwcd and approvcd by thc Town ot:v.iiprio, to trr. i.ruuiJc oiu urrra;ng pcrmit. liJ:i,|ffii?rqucstions regarding thc DRB's crircclion, prcase do nor hcsitatc to cau. you can rcach t S inccrcly, fJ'--*".,-Q- Gcolgc Rutllcr, AICp jfown Planncr -42^-,t ilLt, c0PY Ootw OF VAIL 75 Soutlt Frotragc Road Vail, Colorado 81657 e70-479-2 I 38/479-2 I 39 FAX 970-479-2452 Departne t of Cotnnntnity Developntcnl .lrrlv 16. l9()7 ( iot'rl<ur l) ict'cc I' icrcr:. Scgcrl're'rg & Assoc i utcs. A rch i tccts l()()() Sorrlh 1;trrntttge' Rolcl Wcst \/uil. (.'olrrt'itrlr' li l(r57 tlc: Austrilr Illtus l)csiilrt l{cvicw []oitrl Applor,ltl l)e rrr ( iottlott. ('p1q;lrltrllrlionsl Orr \\'ulncstltry. .ltrly l(,, l()()7. lhc'lirtvtt ol'\'llil l)csitln Ilcr icrv lJoltttl qrittttctl Irrr lrppror':rl ol'llrt: Ausllil lluus. 'l ltt: lrppro'"al t:utritltl rvitlr il scrcr:tl crltrrlilitttts ol'lrpllrovitl. 'l'ltc l)rrll)(llic o{'this lutler is l() (l(}cult)cltt lltc cotttlitiotls. I lrc lirilou'irrg,,:ontliliotts r'r'clc ;tlttcctl ort tltc Atrsltilt llittts: t.'l hul thc lrpltlicirnt strbrnits a rcviscd sitc plirn sltor,',ittg tltc rccort Iigtrt trt iolt ol'tlrc brie k puvu' 1tl:tk'sllilrr rvirlkrvlry itl thc wcst cnrl o{'lhc prolcct. 'l'hc t'cvisctl srtc plitrr sltltll sltorv lr hrick llrr irrq 1-xrtlcrrr tllrt tlclirrcllcs u pcrlcsttirttt ctrtssu'alk ilcrl)ss lhc drivcrvly. '['ltc [cr ir;ctl sitc plln slxrll hc sLrbrnittcr-l plioi' t'.r tlrc issuirrtcc ol'l builtlirrg pcl'rnit lirl lhc Auslrirt llitus. 'l hat thc uppliclnt srrbrnits ir rnnintcnancc plan lil'thc cxtcrior wood trint ol'thc rctail slurps. 'l'hc DRB irrtcnrls thc plan to insurc thc lirtulc maintcnancc and upkccp of tlrc buttcrnul rvood tlirn uroutrtl thc window's and (loors ol thc tctail shops. 'l ltirl tlrc ltpplictltt subnrits a <Jctailt'd slr!'llnblnk rcstorltlion plan to thc'['own of Vail lbr rcvicw itn(l oppll)\':tl basctl trporr thc conccpts approvcd by thc DRB. Thc rcstoration plan shtll inclrrdc lll rcgracling, thc ovcrlook and a list ol'plant lniltcrials proposcd. 'l'hc l'own o{'Vtil [,ulTlic Works l)cpartmcnt shtrll rcvicrv arrd approvc tltc strcanrbank t'cstoration plurr plior ttl lltc issuancc of a building pcrmit lirr tlrc Austria [laus. 'l-hc proposr.cl ()vcflook shall inclutlc a pcclctl log rnil instcad of'l split rail fcncc. -1. 1 :[. {P *"""""' '^"r iilp 5. 'l'hrrt thc in Slilcr tlrc l)lllt ,! r.1 t-F. -d jl I 'linvn of vail Prrblic works l)cpartnrcnt t'cvicrv ltnd approvc tlrc ncrv bus shcltcr Squltrc. .I-lrc bus shclrcr shrrll trc dcsignccl basctl upon 11'. c66cc:pts npprovcd hy lrr lultlilion to tltc ct'rtttlitions tlisrrussctt ithtlvc. lhcfc rrC nrllncrous othi:r tlCtails rvhich thC Tou'n t1lst rcyicw antl approvc [clirrc rvc isstrc a building l'lL'llnil' I will bc scndinll you 1l lctt0t' scpirratcly outl irrirrq tlrr'rsc dct:lils' Agilin. corrgfirlulat iorrs. Shoulcl you havc any qucstions or conccrns' plcasc do not hcsitfitc to cilll' You crttt lcllch tlrc tnost casilv nt 479-2 145' Sirtce rclv. fJ^T-Q--tt^-t ( icorgu litrtlrcr, Al('l' I orr tt l'ltt tt tl cr ll/Il/ss ftED 15:02 FAX 303 623 2262 PSA DENVER @ ooz oo qt?tu f*xtv 'fX::. -. Ne$t>IV!5**- , bt( Al*vt'l5' * lit3,:KnuM 1b'Lo --Varuarz+tPl;51?'? ftpn 6L{o oE 'r'q !- t BhtSt nlI ^ rl l\ t I \\uarn't Hfttl5 nrrl PnnUN(r trf n f ao Ast *zza 112=z *ncL s a T\wNoilmw Parcel Number: o uolrunents: o D esign Review Action Form TOWNOFVAIL Project Name: Austria Haus Project Description: Retail Tenant Sign- Menzcl Wood & lron Owner, Address and Phonc: Deiter Menzel P.O. Box 7564,Yail, Colorado, 81657 479-5495 Architcct/Contact, Address and Phone: Same Project Street Address:242East Meadow Drive Legal Dcscription: Part of Tract C, Block 5-D, Vail Village First Filing BuildingNamc: Board / Staff Action Motion by: Action: Approved Seconded by: Vote: Conditions: Approved per plans dated l1l12l98 O ,o*n Planner: George Ruther Date: 11118198 DRB Fee pre-Paid: $30.00 t'! QLrcstions? Call thc Planning Dcsk ^t 479-2128 Nnrrtc of Busincss: Iluilding rranrc and Nanrc of orvncr: Mailing addrcss: Signature of owner: SIGN/AWNING APPLTCATION luttr<pnonc: t76 '9? t5 t16 /4a n ul rr,un", ?76 -r+?tD. E. E tr Hanging sign Awning U $rf,' f a ogrglr clcarly indicatirrg thc trL.,,+fu 0lA o T?ltrN aF VAIL B. Lr. il. L .1. K. L. Nanrc ol pcrson subnritting: (If diil'crcnt thm owncr) Addrcss: F.Typc ofsign (scc back for dcfinitions): tr Frec standing n Wall sign n Othcr, spccify: Sign rrrcssagc:luoo Siz.c of sign and sizc of lcttcring ,1"'l'*lr.n P'TT"!: { Lcugtlr ol' busincss frontagc: l{cight of sign abovc gradc:+ Nurrrbcr of signs llroposcd: /l/ Ninrt,., and sizc ofcxisting signs:----- ---F -.-O..". Location ofcach sigu (attach a sitc plan arld an clcvation drarviry; or a I proposcd location): . rr!! trrdrr (lrru.rtl Ll!' t--TAkaclLt i Tltis application is lbr any sign that is locatcd rvithirr thc Torvrr of Vail. Spccitic rcquircnrcnts arc availlhlc liunr tlrc Dcpartnlcnt of Conrnrunity Dcvcloprncnt. lu Z r:t Q,u, M.Matcrials and colors of sign (attach sanrplcs): Dcscribc lighting of sign (cxisting or proposcd): PLUS $I.OO PER SQUARE FOOT OF SICN AREA. ;flalrr LEnSt f l-tct Inn/lr-i F,.i.r::J/l-t-ztl-5bI8 06/05198 F8I 12:41 l-.it 'i' U illl.l !iJ: l3.r Dit{'.'Ei Jrn :, ':I3 14:.\r P. (.rj Hn\ Il^irkuw j t?pl - I .'l ,l' ....r I|PAY (lqli9T t . t ..1t'l(\l' ),7.& '-],l -{r)ron".*P+7lty1p. ' Ft7v762)- ,*xo. fu;yp( ?'t. Ne vvEv.. /a$ +E vtEv 7 aN Nw iii<y) LLL t- I xu I II l'zl',6t' 'jff'r) lllr\J I ,'l roQ,1ilt-u.J '! l- :: .,., \-s+*\).-)t\l, l G | -llntt .5 | -lll A? lq .r-\$ ct- TE...\ (...r '-;- ^; e\ l$r )r {5 I lrnl: r-\-.\ I 5\e.\/_* \ sS,,^.Jt:5 -x '-! (= s 3x\--6.6t^:*# \ d;'5 ..'t 3 UAs o-J It\\l-)' l'=lu I -\ =.-\ ,:= /- -E -=y.l-i'x o A \.)\s 6{_ G4 -6 *J2-- ,. -tt fI ,^5 s€ S*'* -zt.rf *-3 (Jii-< .5,t ".--€r rl* kl-r =* \s --l}\s\ x fl"tu atl Q,.,", .s + EF glJo o L=\r'.,Gs* ss -= $- TOWN OFVAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 o December l. 1998 Mr. Frank Freyer Austria Haus Development Group 242 East Meadow Drive Vai1, Colorado 81658 Re: Austria }Iaus Club & Hotel Dear Frank, The purpose of this letter is to provide you with written documentation of the Town's approval of the two Austria Haus Club & Hotel sisns. Each of the signs is approved per the plans submitted and dated December l, 1998. One sign shall be inslalled over the front entry to the hotel and the other shall be installed atop the bollard on the east end of the project. Any frt"re derliation from the plans shall be reviewed and approved by the Town of Vail. Should you have any questions or concems, please do not hesitate to call. You can reach me by telephone at479-2145. Best of luck wirh thi rest of your project. Sirictiely, P4/ 4rA.q- ?e*t-l' , George Ruther, AICP Senior Pla4ner Towrr of Vail tl),. . ,,,. :t lv ]: .'.i :, i...i i.ili, :, ;l .i '. :i- 1.1i , ir..;r irr tticii , 5;li'.1'"..; ,,. {S,rn""ro"^r* DEC-04-9El Og ' 35 FROM, TOV-C tD,9?@4792452 PAGE 2/6 Qucstions? ((Jn" ['la;rning Staff at 479'21]S 6-0 OM-DEV-DEPT. o APPLICATION FOR PI,ANNINC AND IINVIRONMENTAI, COMMISSION APPROVAL GENFEAIJNFORMAT()N This application is for any projcct rcquiriog approval by thc Planning and Environmcntat Commission. For spccific information, sbc thc submitul rcquircmcnts for thc panicular approval that is rcqucstcd. Thc application can not bc acccptcd until all rcquircd infornutiorr is subnrittcd, Thc projcct ntay also nccd to bc rcvicwcd by thc Town Council and/or thc Dcsigr Rcvicw Board. TYPE OF APPLICATION; tr Additional GRFA (250) tr Bcd and Brcalfirst S Conditional Usc Pcrrnit fl Major or E Minor Subdivision n Rczoning n Sign Variancc El Variancc tr Zoning Codc Anrcndmcnt DESCRTPTTON OF THE, REQUEST: ADDRESS; ZONING: Ancndmcnt to an Approvcd Dcvclopment PIan Employcc Housing Unit CIITc: --)Major or B Minor CCI Extcrior Altcration (vait Villagc) Major or D Minor CCII Extcrior Altcration (Lionshcad) Spccial Dcvclopmcnt Disfict Major or E Minor Anrcndrncnt to an SDD tr B tr n D o B. c.o D. E. BUILDING NAME: w@*vBlqo NAMEOFOWNER(S): MAILING ADD OWNER(S) S(GNATURE(S):F. G. H- MAILINGADDRESS: PHONE: FEE - SEE THE SUBMITfAL REQUIREMENTS FOR THE APPROPRIATE FEE SUBMIT THTS APPLICATION, ALL SUBMMTAL REQUIREMENTS AN'D THE F'EE TO THE DEpARTMENT OF COMMuNrry DEVELOPMENT, TS SOUTH FRONTAGE ROAD, vArL,coLoRADO 816s7. Application Datc:---..- PEC Mecting Datc: Rcvilcd 6/96 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmential Commission Community Development Department December23, 1998 6-D &f^'., 4oLr.t Dt'r4u€ A request for a conditional use permit to allow for the operation of a "professional office" within Special Development District # 35 / Austria Haus, located at242 Easl Meadow Drive/Part of Tract C, Block 5-D, Vail Village First Filing. Applicant Johannes Faessler & Ginger Tofferi, representing Tofferi/Faessler Real Estate Planner: George Ruther DESCRIPTION OF THE REQUEST The applicants, Johannes Faessler and Ginger Tofferi, owners of Totferi/Faessler Real Estate are requesting a conditional use permit to allow for the operation of a professional office within the Austria Haus Hotel & Club. The proposed real estate office would be located on the first floor at the west end of the building in an existing space comprising approximately 725 square feet. The applicant's real estate office is currently located on the first floor of the Swiss Chalet at 62 East Meadow Drive. II. BACKGROUND According to the Official Zoning Map of the Town of Vail, the applicant's property is located within Special Development District#35, Austria Haus. The underlying zoning for the district is Public Accommodation (PA). The permitted, conditional and accessory uses allowed within the district are prescribed in Sections 12-7A-(24) of the Zoning Regulations. According to the Zoning Regulations, "professional and business offices" are conditional uses subject to the issuance of a conditional permit in accordance with Chapter 16 of the Zoning Regulations. Section 12-7A-1of the Zoning Regulations identifies the purpose of the Public Accommodation Zone District. According to Section 12-7A-1, the Public Accommodation Zone District is intended to, "provide sites for lodges and residential accommodations for visitors, together with sudr public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may appropriately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional f :bveryone\pec\memos\98Uhrift y4 nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted are intended to function compatibly with the high density lodging charac'ter of the District. The Public Accommodation District is intended to provide sites for lodging units at densities not to exceed twenty five (25) dwelling units per acre. (Ord. 30(1977) $ 7: Ord. 8(1973) S 7.100)." As previously mentioned, a "professional or business office" shall be allowed in the Public Accommodation Zone District subject to the issuance of a conditional use permit in accordance with Chapter 16 of the Zoning Regulations. Pursuant to Section 12-16-1 of Chapter 16, the purpose of a conditional use permit is, "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 c€tnnot be devised to achieve these objectives, applications for conditional use permits shall be denied. (Ord. 8(1973) S 18.100)." III. CONDITIONAL USE PERMIT REVIEW CRITERIA AND FINDINGS The review criteria and findings for a request for a conditional use permit are outlined in Section 12-16-6 of the Zoning Regulations. Upon review of Section 12-16-6, the Community Development Department recommends approval of the conditional use permit request to allow for a real estate office (professional and business office) in the Austria Haus Hotel & Club, located at242East Meadow Drive. A. Before acting on a conditional use permit application, the Planning & Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town' The applicant is proposing to convert approximately 725 square feet of existing retail space to real estate office space on the first floor of the Austria Haus Hotel & Club. According to the purpose statement of the Public Accommodation Zone District, in part, the district is intended to provide sites for lodging development for our guests and visitors, together with limited professional and business offices. The total allowable retail square footage in the Austria Haus is 5,402 square feet. Based on the total allowable square footage of retail space, the applicant is proposing to convert only 13% of the allowable area to professional office space. f :bveryone\pecvnemos\98Uhrifty4 4. The retail space that is proposed to be converted is located on the west end of the building. The space on the west end is the least visible and most remote of all the retail spaces within the Austria Haus from the pedestrian way along East Meadow Drive. The Staff believes that the proposed use would have no negative impacts on the existing use or the development objectives of the Town 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. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. The conversion ot725 square feet of retail space to professional office will have an impact on the number of required parking spaces in the Austria Haus Hotel & Club. The parking requirement for retail/commercial use is one space per 300 square feet of floor area while the parking requirement for office use is one space per 250 square feet of floor area. Due to the increase in parking requirement, the applicant will be required to provide one additional parking space on-site. The applicant has proposed to meet the increased requirement by providing one additional valet parking space in the existing underground parking structure. 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. While the Town encourages commercial/retail uses on the first floor of buildings in the vicini$ of the Town's mmmercial core areas, we do recognize that the Public Accommodation Zone District allows a limited amount professional office uses. In the case of the Austria Haus Hotel & Club, only 13olo of the allowable retail floor area will be utilized for office space. Staff believes that the proposed request for a conditional use permit would have no negative effects on the above-described criteria. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 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. 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. That the pfoposed use will comply with each of the applicable provisions of this Title. 2. 3. B. 2. 3. 1. f :bveryone\pec\memos\98\thriff y4 O v. srAFF REcoMMENDATToN The Community Development Department recommends approval of the request for a conditional use permit to allow for a real estate office to be located within the Austria Haus Hotel & Glub. Staff's recommendations are based upon our review of the criteria outlined in Section lll of this memorandum. Staff believes that given the relatively minimal amount of area the real estate office will occupy and the location of the space relative to the pedestrian way, the use will not result in serious negative impacts inconsistent with the Town's development objectives. Should the Planning & Environmental Commission choose to approve the request for the conditional use permit, staff vtould recommend that fre Commission make the following findings: 1. That the proposed location of the real estate office is in accordance with the purposes of the Zoning Regulations and the purposes of Special Development District #35 (Austria Haus). 2. That the proposed location of the real estate office will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the Austria Haus Hotel & Club. 3. That the proposed real estate office will comply with each of the applicable provisions of the Zoning Regulations. f :bveryone\pec\nemoslg8\thrifty4 o o o El'ir illi| fiii[{rffi-ffi'-'n-nlEt4'_l_ r, | _ -'* r IL E COPY PLANNING AND ENVIRONMENTAL COMMISSION Monday, December 28, 1998 FINAL AGENDA Proiect Orientation / LUNCH - Gommunitv Development Department 12:00 p.m. MEMBERS PRESENT Greg Moffet John Schofield Galen Aasland Diane Golden Ann Bishop Tom Weber Site Visits :1:00 p.m. 1. Kinzelberg - 1094 Riva Glen2. Austria Haus - 242 Easl Meadow Drive3. Presson - 520 E. Lionshead Circle George NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m, Public Hearinq - Town Gouncil Chambers 2:00 p.m. 1. A request for a Type ll Employee Housing Unit, at a proposed primary/secondary residence, located at 765 Forest Road / Lot 8, Block 2, Vail Village 6th Filing, Applicant: Nancy Adam, represented by Fritzlen, Pierce, Smith ArchitectsPlanner: Brent Wilson MOTION: Ann Bishop SECOND: Diane Golden VOTE: 5-0-1 (l'om Weber recused) APPROVED WITH 1 CONDITION: 1. Prior to the issuance of a building permit, the applicant shall submit a Type ll EHU deed restrietion to the Town of Vail Department of Community Development. This document will be recorded at the Eagle County Clerk and Recorde/s Office and will require that the employee housing unit be permanently restricted for employee housing. MEMBERS ABSENT Brian Doyon Driver: KEX 2. A request for a minor subdivision of Lot 4, Spraddle Creek Estates, to revise the building envelope, localed al 1094 Riva Glen/Lot 4, Spraddle Creek Eslates. Applicant: Harvey KinzelbergPlanner: Jeff Hunt MOTION: John Schofield SECOND: Diane Golden APPROVED WITH 1 CONDITION: Applicant: Robert PressonPlanner: Allison Ochs MOTION: Ann Bishop SECOND: Diane Golden 'l- That prior to the PEC chairperson signing the amended plat, the applicant shall submit to the Town of Vail Department of Community Development, a letter of approval to amend the building envelope on Lot 4, from the Spraddle Creek Architectural Control Commitlee. A request for a conditional use permit to allow for a professional office in the Austria Haus, focated at 242 Easl Meadow Dr./ Part of Tract C., Block 5D, Vail Village 1"r Filing. Applicant: Ginger TofferiPlanner: George Ruther MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 APPROVED A request for a major amendment to SDD #4, to allow for the use of the tennis facility for sPecial events and conference facilities, located at 1300 Westhaven Dr. Cascade Village Area A. Applicant: Vail Cascade Hotel and Club, represented by Chris HanenPlanner: George Ruther MOTION: John Schofield SECOND: Ann Bishop VOTE:6-0 APPROVED FOR RECOMMENDATION TO TOWN COUNCIL WITH 1 CONDITION: 1. That the applicant meet with the Town staff, prior to implementing and uiilizing the tennis facility for special events and/or conference facilities, to determine a mutually agreed upon circulation plan for loading and delivery. The circulation plan shall be implemented prior to the use of the space. A request for a minor alteration in the CC2 Zone District, located at 520 E. Lionshead Circle / Lionshead Cenler Condominium #306. VOTE: 6-0 VOTE: 6-0 4. APPROVED A request to amend lhe Town's "Public Accommodation" Zone District, Ghapter 7 and amendments to Chapter 15, Gross Residential Floor Area (GRFA), Town of Vail Municipal Code. Applicant: Johannes Faessler, represented by Braun Associates, Inc.Planner: George Ruther TABLED UNTIL JANUARY 11, 1999 7 7. A request for a major amendment to SDD #4, to allow for a fractional fee club and a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven CondominiumCascade Village Area A. Applicanl: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther TABLED UNTIL JANUARY 11, 1999 8. A request for a worksession to discuss a proposed arena expansion at the Dobson lce Arena, localed at 321 East Lionshead Circle/ Lot 1, Block 1, Vail Lionshead 2nd Filing. Applicant: Vail Recreation District, represented by Odell ArchitectsPlanner George Ruther TABLED UNTIL JANUARY 1I, 1999 9. A request to amend the Vail Village Master Plan, regarding building hdight guidelines. Applicant: Zehren & AssociatesPlanner: George Ruther WITHDRAWN 10. Information Update 1'1. Approval of December 14, 1998 minutes. The applications and informalion about the proposals are available for public inspection during regular office hours in the project planner's office located ai the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notificaton. Please call 479-2356, Telephoneforthe Hearing lmpaired, for information. Communrty Development Department TOWN OF VATL Department of Community Deve lopme nt 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 May 4, 1998 Mr. Johannes Faessler Sonnenalp Hotel 20 Vail Road Vail, Colorado 81657 RE:Deed restrictions for the employee housing units associated with the Austria Haus development Dear Johannes: Thank you for the telephone call and for your commitment to complete the necessary paperwork ahead ofthe deadline. I have spoken with George Ruther and I have attached seven Type III employee housing unit deed restriction forms. Would you please specify the unit number, the building address, and the square footage ofeach unit on each form, whether located at Solar Vail or at the Austria Haus. When you have completed these forms, please return them to me. I will have them recorded, at no charge to you, and can make copies available to you if you are interested. Ifyou have any other questions, please do not hesitate to give me a call. I can be reached at479-2440. Thanks for your cooperation. Sincerply, r4r/r4', */e-,'- #i/*"qd6." Senior HoLting Policy Planner Enclosures Russ Forrest Georse Ruther {P *"""uo'^"" !I. ..4'4 ?nu - t,,- |'ro TYPE IIIEMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT WHEREAS, ("the Property'); and i7' / /'' D-rny'.., ,- P-\'(r^' WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartrnent located on the Property for the benefit of the owner and the Town of vail, colorado (,,the Town,'). NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemec to run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns. 1 ' Unit or Apartment l+- containing So ,qr.ru feet, is hereby restricted as a Type 1l Employee Housing Unit (EHU) which must comply with all the provisions of Sections 12- 13-2, 12-13-3, and 12-13-6 of the Vail Municipal Code as amended. 2. .The Type lll Employee Housing unit shall be leased to tenants who are full-time . employees who work.in Eagie County. An EHU shall not be leased for a period less than ' thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing units that may be located on the same lot orwthin the same building so long as it meets the following conditions: a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shill take the following circumstances relating to the owner of the residence into account business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and chirdren if any, rocation of personal and real property, an m0t0r vehicle registration. [o, l*. ,r,n" owner of certain property (,,the owner,) .-. - - I3c -,EioI... Ol -lL :t -a- I(o -;i!E61 5s -FO-c, .6' -c-@z :or-.or-. od.:6' -@-ot ct:o -{8 -tt . -r{lo -\ t{:6'. rFrGro,o:o =Fr -@ t{ .J ;t I .' o -- -Er. -ro-.-(t:t -L!-a a:arlU!61 6 -5qE.' -oz:6' - -. GtrFr O : 16 -o--81o-{g -tl . -r{O--!-r?r !aro,rt E6.. -No -to Gf b) lf a Type ilr EHU is sord, transferred, or conveyed separatery from the other dwelling unib and/or Type ilr Emproyee Housing units in a murtifamiry structure it is apart of, .or from other dwelling units and/or Type lll EHUs located on the same lot, the Type lll EHUs in the structure or on that lot shall be subject to all the proMsion set forth in Section 12-13-2. 4. The Type lll EHU shall not be divided into any form ot timeshares, interval ownersi,ip, o1. fraciional fee ownership as those terms are dbfined in the Municipal Code of the Town of Vail. 5. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit.two copies of a report on a form to be obtained from the community Development , , Department, to the community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughoutthe year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. The owner of each EHU shall rent ihe unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. The Town of Vaii Housing Authority will determine the market rate based on the study of other units of comparable size, location, qualig and amenities throughout the Town. The market rate shall be based on an average of a minimum of live rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determin_ed to be in noncompliance. ln addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. Thirty days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the community Development Department documenting that the prospective purchaser meels the criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. The provisions of these restrictive covenants may be enforced by the owner and the Town. 2 8. o i. ^v By: 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. TOWN OF VAIL, a Colorado municipal corporation (:['. \ / The foregoing instrumentwas acknowledged before me tnis /AAV ot /,f ,d 4,f/ My commission expires: I |||ilr ililr ruil lilr ililil il lililt ilr iltlt illl l||l 6726E0 lO/13/t99E 11:OEfi 3?3 Sere Flrher 3 of 3 R 16.00 D O.OO l{ 0.00 Eerle C0 cLaurin, Town Manager o c-, a\.1c*l( ? (-x- 5;9tJ-<a-iEFrFi9=qY EH-* Es8I'oPos-= otrEx I AA Tr'p TYPE IIIEMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT opmh\ ltrc. is the owner of certdin property (',the Owner,') rfo(7/ 2. -I I: -t rgEtof ... Ct_tt: a - a -..rLO J.raa -rrul-(q Gt -F GI:{t .oICEFZ:61 --O rF.O F': 6-i= o - -oct:o) -{8Itl -d@ -\r{ :ordE3o.', -fs-ao e:NO:F -aO rr - *1 WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Properg for the benefit of the owner and the Town of Vail, colorado (',the Town,). NOW' THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns. 1.Unit or Apartment /f containing So "qrrru feet, is hereby restricted as a Type ill Employee Housing unit GHU) which must comply with all the provisions of sections 12- 13-2,12-13-3, and 12-13-6 of the Vail Municipal Code as amended. The Type lll Employee Housing unit shall be leased to tenants who are full-time employees who work in Eagle county. An EHU shall not be leased for a period less than ' thirty consecutive days. For the purposes of this seclion, , rril-tir. employee is one who works an average of thirty hours each week. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing units that may be located on the same lot or within the same building so long as it meets the following conditions: a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in rvhich one's habitation is fixed and to which one, whenever he or she is absent. has a present intention of returning after a departure or absence therefrom. regardless of the duration of absence. In determining what is a pernanent residence, the Town stan snatt take the following circumstances relating to the owner of the residence into account: business pursuits, emproyment, income sources, residence for income or other tax purposes, age, maritar status, residence of parents, spouse and chirdren if any, rocation of personar and real property, an motor vehicle registration. -, 1ir /i:.. .,r-/-y^- vQ i,Ll ,,{ lf a Type lll EHU is sord, transferred, or conveyed separatery from the other dwelling units and/or Type lll Employee Housing Units in a murtifamily structure it is apart of, or from other dweiling units and/or Type lil EHUs rocated on the same lot, the Type tlr EHUs in the structure or on that rot shall be subject to all the provision set forth in Section jZ-13-2. 4. The Type lll EHU shall not be dMded into any form of timeshares, interual o*nerJhip, or fractional fee ownership as those terms are defined in the Municipal Code pf the Town of Vail. 5. No later than February 1 of each year, the owner of each employee housing unil within the town which is constructed following the effective date of this chapter shall submit two. _ copies of a report on a form to be obtained from the community Development Department, to the community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughoutthe year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 6. The owner of each EHU shall rent ihe unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable. units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In additiorr to any other penalties and restrictions provided herein,. a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. Thifi days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. The provisions of these restrictive covenants may be enforced by the owner and the Town. 2 b) o -I I: -!Efo I<(' -tt :a -LO raa -('ur.FS : art . G' -cIFZ:o -..Gr.I€O : 6 -3;:ot -{8 -tt . -t{ao:G'rdErgr cr -I- :rob:NO:F -@N n l o By: 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written cohiint of both the Town of Vail and the Owner of the property. TOWN OF VAIL, a Colorado municipal corporation Bob McLaurin, Town Manager ,3"1J -,giii$flfiTilll:??iT8,, /! s. Frotla?t nr.l The foregoing instrumentwas acknowredged before mL tnis(/4ay otd*cra</E/( My commission "xpir"", 4/tr/zaol 3 of 3 R 16.00 O O.OO N 0.00 Ergh C0 t: \r o ( C"c\/ C\, (+t' r I 5;9XJ- o 'r-i E Eg E; gHi== -m'996 -rorPo$"= c)|-mvt\ -/ | | -,/a -44 trnVI O TYPE IIIEMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT on the Property for the benefit of the owner and the Town of Vail, colorado ("the Town,). NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benelit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns. -Ct 1.unit or Apartment f3 containing 580 square feet, is hereby restricted as a Type lll Employee Housing Unit (EHU) which must comply with all the provisions of sections 12- 13-2,12-13-3, and 12-13-6 of the Vail Municipal Code as amended. 2- . The Type lli Employee Housing Unit shail be leased to tenants who are full-time . employees who work in Eagle County. An EHU shall not be leased for a period less than . thirty consecutive days. For the purposes of this section, a full-time employee is one who . works an average of thirty hours each week. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing units that may be located on the same lot or within the same building so long as it meets the following conditions; a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habita$on is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of lhe duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account business pursuits, employment, income sources' residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, an motor vehicle registration. U -!E --I - a€lI...(J -tl. : a -a< r(O =;,!i -arterg9 GIICIF=:61r-or=o:o -0O-ot ct:ot -{8rlt . I!{(O -;'rcr Gr€cl :F:(ob:NO - lO t'r \b) rf a Type ill EHU is sold, transferred, or conveyed separatery from the other dwelling units and/or Type lll Employee Housing Units in a multifamity structure it is apart of, or from other dwelling units and/or Type lll EHUs located on the same rot, the Type ilt EHUs in the structure or on that lot shail be subject to a1 the' provision set forth in Section 12_13_2. 4' The Type lll EHU shall not be dMded into any form of timeshares, interval o,jvnership, or . fractional fee ownership as those terms are dEfined in the Municipal code of the Town of Vail. 5' No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two , copibs of a report on a form to be obtained from the community Deveropment Department, to the community Development Department of the Town of Vair and Chairman of the Town of Vail Housing Authority sefting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 6' The owner of each EHU shall rent ihe unit at a monthly rental rate consistent with or lower than those market rates prevarent for simirar properties in the Town of Vail. 7 ' The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. ln additioh to any other penalties and restrictions provided herein. a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 8. Thifi days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall inclucte an affidavit affirming that he or she meets these criteria. 9. The proMsions of these restrictive covenants may be enforced by the Owner and the Town. 2 o II -ErEfo -<o:a ICO =.t'tI(tOrg9 orc -IF Z:o - -Gt -G. e : rRlii-= o -:- ol 6:ot -{g?I lt .I.{.o -;--r{ crgo o :|oq.:NO:F -"; o By:o 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written conient of both the Town of Vail and the Ownerof the property. TOWN OF VAIL, a Colorado municipal corporation Bob Mclaurin, Town Manager The foregoing instrument was acknowledged Uefoie me this 1( 8ay of Anne E. Wright, Notary Pubnc M, Com'rrission Expires Gl7-1999 75 S. Fro:tagc Road .-. t','iy The foregoing instrument was acknowtedged before me nis iZ4ay ot AZ{zct/ ef/ O My commission expires: q/ , I llllll lllil llilil lilt l]il il ]illlt ilt il|l| lilt 672678 \O/L3/LE98 111074 373 Srne Flrhr 3 of 3 R 16.00 D O,OO N 0.00 Ergle C0 -" lll 4foo< o o _--..\_ c-es c-! (\l -<) IB- .< .{ ^ -l}- rrl = /.-i:i=59*m=byoY Ea= j; :;n-;a-{orP Os"= or-rrlnx -t:lt 3/ii," o TYPE IIIEMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT a is the owner of certain property (the Owner') describecj.r, S1* [/Lt Ad.. ,.ra 1",n.Property'); and i' , L; . fr.n/ .. n /A t,)_., _/_ i/ VIIHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the owner and the Town of Vail, colorado ("the Town',). NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns. t.Unit or Apartment llz containing S3/ square feet, is hereby restricted as a Type lll Employee Housing unit (EHU) which must comply with all the provisions of sections 12- 13-2, 12-13-3, and 12-13-6 of the Vail Municipal Code as amended. The Type lll Employee Housing unit shall be leased to tenants who are full-time employees who work in Eagle coung. An EHU shall not be.leased for a period less than thifi consecutive days. For the purposes of this section, a full-time employee is one who works an average of thir$ hours each week. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same lot or within the same buiiding so long as it meets the following conditions: a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is aosent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent , residence, the Town staff sh;ll take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real (l -- II I -I I - -I II II I I I - -I I - z. L0Eto.< (,lt oa1LOaagt t! d, GtFG'Gt.o1cFZ6'..6tr. 6l oqtoclgl r<O\GIf)-r. aO ot.E Fd,Fto5(YOFall r'. property, an motor vehicle registration. -t .l Ib)lf a Type llr EHU is sord, transferred, or conveyed separatery from the other dwelling units and/or Type lll Emproyee Housing Units in a multifamiry structure it is apart of, or from other dweiling units and/or Type ilr EHUs rocated on the same lot, the Type ilr EHUs ih the structure or on that-rot shail be subject to ail the provision set forth in Section 12-13-2. 4' The Type lll EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are deftned in the Municipal code of the Town of Vail. 5' No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the community Deveropment Department, to the community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the emproyee housing unit has been rented throughout the year, the rentar rate, the emproyer, and that each tenant who resides within the employee housing unit is a full-time emptoyee in Eagle County. 6. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 7 . The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, qualig and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. ln addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. Thirty days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the.community Development Department documenting that the prospective purchaser meets thb criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. The provisions of these restrictive covenants may be enforced by the owner and the Town. II I I -r II - -II I - -I II II II Co -c,ao,r (, l!f.adcllaauru at 6,FOcr-ocF:eo.- 6t?r 6) 6'otD cto)r,. G,\ofl .r. |!l (9 F.G F('t ao...ctoF ao $l o R , o 10. o The conditions, restdctions, stipulations, and waived, abandoned, terminated, or amended Town of Vail and the Owner of the property. By: TOWN OF VAIL, a Golorado municipal corporation The foregoing instrument was acknowledged before ire this /,# tay of agreemenls contained herein shall not be except by the written consent of both the o | |lilr ililr l|llilt lll llllll lll lllllll lll lllll llll 672677 7O/L5/1998 1t:07t 373 Serr Firhr 3 of 3 R 15.00 D O.OO N 0.00 Ereh C0 -' !il Mclaurin, Town Manager The foregoing instrumentwas acknowledged before me tnis 1!4ay ot lvly commission expires: tl/tly'aa/ f(o Notary Publi I o < \.t a-\ -J>' cn = A! ?=so-,-)iO:d rI - .\/ z \l -n Ea i; -m,;o-lo'= Og-€ z. f-m x i - iit''' * 11t-"2 WHEREAS,.9r"nr,u.8p D*?,r-[*;L is the owner of certain property (.'the ownet,) TYPE III EMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT Unit (EHU) which must comply with all the provisions of Sectjons 12_ 12-13-6 of the Vail Municipal Code as amended. o described as: 5c ("the Property"); and $t;i // Fr. / /' ' J' ,L, ../ | ..-'a,forr- y'*tf At-*-tnf i' WHEREAS' the owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the owner and the Town of vair, cororado (,,the Town"). NOW, THEREFORE, the owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns. 1.Unit or Apartment ll containing r-80 square feet, is hereby restricted as a Type lll Employee Housing 13-2, 12-13-3, and .-. --I I: -!-!tioI<(,_l!:a - a.r -LO-aar- gt ttl -Pg:G! . G' -<E-roz,:eI -6tIc.o H.:=6 =:o - -84-<s -r, . -! ?r (, -\r. :61f r<G lro. -I- :.o G:NO:F -(O F. 2.The Type lll Emptoyee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle county. An EHU shall not be leased for a period less than thir$ consecutive days. For the purposes of this section, a full-time employee is one wno works an average of thirty hours each week. A Type lll EHU may be sord, transferred, or conveyed separatery from other dwelling units or Employee Housing units that may be located on the same lot or within the same building so long as it meets the following condifions: a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitalion is fixed and to which one, whenever he or she is absent. has a present intention of returning after a departure or absence therefrom. regardless 6f the duration of absence. In determining what is a permanent residence, rhe Town staff shail take the foilowing circumstances rerating to the owner of the residence into account business pursuits, emproyment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and chirdren if any, rocation of personar and rear pr0perty, an motor vehicle registration. \ b) lf a Type lll EHU is sord, transferred, or conveyed separatery from the other dwelling units and/or Type lll Employee Housing Units in a multifamily structure it is apart of, or from other dwelling units and/or Type lll EHUs located on the same lot, the Type il EHUs in the structure or on that lot shail be subject to all the provision set forth in Section 112-13.-2. The Type lll EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal code of the Town of Vail. 5. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submlt two copies of a report on a form to be obtained from the community Development Department, to the community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. The owner of each EHU shall renl the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenilies throughout the Town. The market rate shall be based on an average of a minimum of frve rental rates of comparable units. lf the unit is not rented and is not available at the rnarket rate it shall be determined to be in noncompliance. ln addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 8. Thirty days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the crileria set forth above and shall include an aflidavit affirming that he or she meets these criteria. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 2 4.o --I I II II Ir -r II I I -I I -II 10. o By: The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written conient of both the Town of Vail and the Owner of the property. TOWN OF VAIL, a Colorado municipal corporation The foregoing inskumentwas acknowledged before #this zjldiAy of :/t ,, ,.qiJ The foregoing instrument was acknowtedged before me nis llliav x Oaf { ryF By: o cturoulhgt dlnin\EHU[l f tev!ryonc\.ndyLhusawy.ii r mil ililr l]]il ilr l]ll| ilr lilill lll lllll illl llll lO/75/t99E 11:06F 3?3 5rrr Flrher. R 16.00 D O.OO t{ 0.00 Eegle C0 6726?63of3 ob McLaurin, Town Manager oo o Ol C' c-. i*/(- 7r I-T -!a\_.1i ct i-r r-ij- ca -ri Y S=,? > F9oQ Ea- i; 339\.L rmx a. 4 t-14-l / -/ tt,'rV.,/ | =!r'-- o desciibed as: TYPE IIIEMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT a ^i 1., I :REAS, .-\nrarne!t0& -Vdc?g"t\€!, hre'. is the owner of certain property ("the Owner") S-4" \lr(, i,pl ft cthe Property");and ,,,, l/ lj-nt .r_" P-.( a-)--,,y' I - --- --II I -I -I I --II -I WIIEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the Owner and the Town of Vail, Colorado ("the Town'). NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit anrl be bonding upon the owner, its respective grantees, successors, and assigns. tl Unit or Apartme nt lC containing @ square feet, is hereby restricted as a Type lll Employee Housing unit (EHU) which must comply with all the provisions of sections 12- 13-2,12-13-3, and 12-13-6 of the Vail Municipal Code as amended. The Type lll Employee Housing Unit shall be leased to tenants who are full-time .employeeswho work in Eagle county. An EHU shall not be leased for a period less than 'thirty consecutive days. For the purposes of this section, a full-time employee is one who wori(s an average of thirty hours each week. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same lot or within the same building so long as it meets the following conditions: a) lt must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean lhe home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town statt shalt take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, ager marital status, residence of parents, spouse and children if any, location of personal and real property, an motor vehicle registration. 2. Lo&,o<(JlILaa<COaaV, aLl dro 3.FGIrrl.6'Goz GI-sd6t 6t6o, ctotdo\oIl-?. (ol oF.E ndlF@5NOF lll t .t b) rf a Type ilr EHU is sord, transferred, or conveyed separatery from the other dwelling units and/or Type ilr Emproyee Housing units in a murtifamiry shucture it is apart ol or from orher dwelring units and/or Type ilr EHUs rocated on the same rot' the Type ilr EHUs in the structure or on that rot sha[ be subject to alr the provision set forth in Section 12_13-2. 4. The Type ill EHU shail not be dMded into any form of timeshares, intervar ownersiip, or fractional fee ownership as those terms are defned in the Municipal code of the Town of Vail. 5' No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two .. copies of a report on a form to be obtained from the community Development Department, to the community Deveropment Department of the Town of Vair and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughoutthe year, the rentar rate, the emproyer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 6' The owner of each EHU shall rent ihe unit at a monthly rental rate consistent with or lower than rhose market rates prevarent for simirar properties in the Town of Vair. 7 ' The Town of Vaii Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of frve rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. ln addition lo any other penalties and resttictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 8. Thirty days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. I' The provisions of these restrictive covenants may be enforced by the owner and the Town. 2 o -I I .E,I3- IaoI...(, -l! :a ILOraa -t,|rlErsr(?t . 6tIC -@2, :or.-OIF. GI -G! E@ -o) 6:ot:-.6):\G'III IFI ID -;*IT{ E3p-:.os:NO:F -(o N By:o 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written cohiint of both the . Town of Vail and the Owner of the property. TOWN OF VAIL, a Cotorado municipal corporation dt., ('./ ,0 By: Th e fo re g oin g instrument was ackn owredged bet & e me this lL4ay ot (h.1 4 K o M/,r!C//.K",t-L q\housin9\.Cmtn\EHUrl f t€veryone\and'^rhtJsawy.iii I l|lill lill lllllll llll llllll lll lllllll llllllll llll llll-SZZOZf LO/lrltgEE 11:064 3?3 Srrr Flrhrr 3 of 3 R 16.00 O O.OO N 0.00 Eegle C0 ob MbLaurin, Town Manager erolfrty owners o (\F. - \l(\. I\ -) { rl-F ;;qd =iH=E9eqgH;E qJm*|- =o-{o'P Os"= c)rrnn- :.: il I ,4"/--,. "h4' l'- TYPE III EMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT t o € rZt -..-+^:,b,',-- , 2y'l LaT,o-(,lr aaaLUaaU'l,J ar, 6lF(tGt-6t(IaozG'..o ?. 6l oC'octold6l\6ttr.c. lO o€G tt GlFro5NOF lOr ?. .r II I -I -rI -I --II I I ID II ,A .'s- r.r o \\. ., &u J# rk"$ certain property (,,th e owner') described .r: ,ASs TOta NA*- ('the property,,); and Par-f 4 V.,t e, /ot/ t/;/kf /s-F/;^0. WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the owner and the Town of Vail, colorado (,,the Town"). NOW, THEREFoRE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed lo run with the land and inure to the benefit and be bonding upon the owner, its respective grantees, successors, and assigns, 1. Unit or Apartment dr \ b containing $.qrrr" feet, is hereby reskictecr as a Type lll Employee Housing Unit (EHU) which must comply with all the provisions of Sections 12- 13-2, 12-13-3, and 12-13-6of theVail Municipal Codeasamended. .t= 2. . The Type lll Employee Housing unit shall be leased to tenants who are full-trme employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who worl(s an average of thirty hours each week. 3. A Type lll EHU may be sold, transferred, or conveyed separately from other dwelling units or Employee Housing Units that may be locatecl on the same lot or within the same building so long as it meets the following conditions: i' a) lt must be used by the owner of the EHU as a'permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or olace . in which one's habitation id fixed and to which one, whenever he or she is :i;sent,, has a present intention of ieturning after a departure or absence therefrom, regardless of the duration of absence. rn determining what is a pertnanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, rocation of personar and real property, an motor vehicle registration. -J lf a Type lll EHU is sord, transferred, or conveyed separatery from the other dwelling units and/or Type lll Employee Housing units in a multifamiry structure it is apart of, or from other dweiling units and/or Type lll EHUs rocated on the same lot' the Type ilr EHUs in the structure or on that rot shail be subject to ail the provision set forth in Section 12-13-2. 4' The Type lll EHU shall not be divided into any form ortimesnares, interval oiyners'r,ip, or. fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. 5' No later than February 1 of each year, the owner of each employee housing unit within the town whic[ is constructed following the effective date of this chapter shall submit two _ copies of a report on a form to be obtained from the community Deveropment Department, to the community Development Department of the Town of Vail and Chairman of the Town.of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rentid throughoutthe year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 6. The owner of each EHU shall rent ihe unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 7. The Town of Vail Housing Authori$ will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined . to be in noncompliance. In additioh lo any other penalties and restrictions provicted herein, a unit found to be in noncompliance shall be subject to publication as determined bv the Housing Authority. I' Thifi days prior to the transfer of a deed for a Type lll EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser rneets the- criteria set forth above and shall include an affidavit afiirming that he or she meets lhese criteria. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 2 b) o II I:rb r ac) -< c'r- l!: J ILllraa -lnu!:atOrg9 G'rc -@2. :o - -.or<o ==:= Rr ==o - -g) ct:o) -{g -tt .I'-. (O :o --. G -9 trt -tr :@5:NO:F -@ (\ o o By: 10' The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. TOWN OF VAIL, a Colorado municipal corporation Bob Mclla-urin, Town Manager The foregoing instrument was acknowledged before me thisffday of asI Sfi,Y,ff?#*3ou,,W,zs s. r'.rtigliiil 6. K\' '\\ItY: " -l............J gH=...,. f.r"nl*. _ Property Owners ,:,r-The foregoing instrument was acknowledged before me this ,,/;ffi My commission cxpires: . i=f,-5:,:FCf'/ r lllilr ililt l[iflil Iilt ililil ffi ill|llt ilt il||| ilil till672674 10/13/1998 11r064 373 Sm Ftrher3 of 3 R 15.00 D O.OO N 4.00 Eeslr C0 t*t*effeuo,on,.nurr f l!v.ryoneUndr^ehusavoy. iii T.: oo ' 't ,',i qw mffilfralcrlldf 't-f;qB c-r ?=1 (: 8aiA7 Sl9-2e4 t\gH;' Fomfrr t3d -r -esBg ;-{= C) -rfl7 - o AP A. PLICATION FOR PLAI\INING AI\[D ENVIROIIMENTAL COMMISSION APPROVAL Amendmcnt to an Approved Dwelopment Plan Employee Housing Unit (TYPe: -) Major or tr Minor CCI Exterior Alteration (Vail Village) Major or tr Minor CCII ExteriorAlteration (Lionshead) tr SpecialDeveloPmentDstict tr Major or tl Minor Amendment to an SDD . Property line relocation as deflned in SDD /135 tr tr tr tr B. oues!? Call the Plannine Staff at 479-2138 GENERAL TNFORMATION ffti. "ppiiotion is for any project requiring approval by the Planning and Environmental Commission' For spcific information, see the zubmitAl reqgiremenb for the particular approval that is requestcd, The application can not be accepted until alt required information is submitted. The project may also need to be reviewed by the Town Council and/orthe Design Rwiew Board. TYPE OFAPPLICATION: tr Additional GRFA (250) tr Bed and BreaKast tr Conditional Use Permit tr Major or I Minor Subdivision tr Rezoning tr Sign Variance tr Vriance tr Zoning CodeAmendment DESCRIPTION OF TI{E REQI.JEST (Ordi-nance L2, L997) TOWNOFVAII,, c. D. ADDREd{| East M:adoL, Drive BUILDNGNAME:Austria Haus ZONING: SDD /135 (Ordinance 12, 1997) NAME OF OWNER(S):Austria l{aus Develooment MAILING4pppggg. 1000 South Frontage Road West' Suite 300 PHONE: 970-476-4433 F. c. OWI{ER(S) SIGNATIJRE(S): NAME OF REPRESENTAI;1'8. CYNthiA ThOTNbUTg MAILING ADDRESS: -IA-]{hE]9!!1!_I]SE San Francisco, CA 94111 p116119. 41s-291-9947 FEE - SEE THE SI.]BMITTAL REQUIREMENTS FOR THE APPROPRTATE FEE. STJBMIT THIS APPLICATION, ALL SIJBMITTAL REQTIIREMENTS AND THE FEE TO TIIE DEPARTMENT OF COMMT'NITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, H. For Offrce 9qe Only: n"raftZ5D ,{cwt '//oA ( ,r' 7r Application Date:- PEC Meeting Date: VAIL. COLORADO EI657. Rcvilod 6/96 {Eep.-2'B-ss t s. 03 FRoM. Tov-coXl-DEV-DEpr. v rD's7@4324s2 iUlt@z PAGE 2/4 APPUCANON FOR @NDOUINIUil/TOWNHOUSE PLAT REI/IEW (Chapter 17.2. Vetl Municipal Code) (Please print or tyPe) ocT 02 1998 A APPLICANT Austria llaus Development Group, LLP MAILING ADDRESS , 18 whales:njip Praza San Francisco, CA 94111 PHONE (4rs) 291-9601 B. APPUCANTS REPRESENTATIVE Hish Country Engineeringr Inc. 923 Cooper Avenue ADDRESS clenwood sprines, c HONE___(92_Q__9!_5:9_€29 C. PROPERW Austria Haus Devel-o t Group, LLP OWNER'S SIGNAruRE PHONE (415') 291 960r tvtAfLlNG ADDRESS 18 whaleihtp PLaza San Francisco, CA 94111 LOCATION OF PROPOSAL: STREETADDRESS 2a2 r""t u".dor nrlr LOT-!--BLOCK-SUBDIVISION_ .rrug!r:!a.-Ee!s FILING_ APPLTCATTON FEE S1OO.O0 p4p $100.00C9Eerc s re67l DATE 1o/2/e8 I'ATERLALS TO BE SUBMITTED: 1. Two nrytar copies and one paper copy of the subdivision pld shall be submitted to lhe Department of community Developmerrt rhe plat shall indude a site map with lhe following requirements a. The final ptat shall be drawn by a registered surveyor in India ink, or other substantial solution, on a reproducible medium (Oreterabty myla4 .with dimension of twenty-four by thirty-six inches and shall be at a scale of one hundred feet to one inch or larger with margins of one and one_ half to two inches on the left and one-half inch on att other sides. b. Accurate dimensions to the nearest onehundredth of a foot for all tines, angles and curues used to describe boundaries, streets, sebacks. alleys, easements, sitructures, areas to be reserved or dedicated for public or common uses and other important feafures. All curves shall be cirfiIlar arcs and shall be defined by tre radius, cenhal angle, arc scored distances and bearing, Alldimensions, botl tinearlnd angular, are to be determined by an accurate controt survey in fre field whidr must halance and close within a limit of one in ten thousand. North anow and graphic scale. A qrstemadc identificafion ot alt existing and proposed buildings, units, hts, blocks, and names for ajt streea .' ..r.rU \*\ D. ; E. F. cl- FIL E c0P TOWN OFVAIL Departme nt of C ommunity D eve lopme nt 75 South Frontage Road Vail, Colorado 81657 970-479-2138 -rx 970-479-24s2v November 11, 1997 B.J. Davis Pierce, Segerberg & Associates Architects, Inc. 1000 South Frontage Road West Vail. Colorado 81568 Re: Minor Subdivision Rcquest for a Part of Tract C, Block 5-D, Vail Village I st Filing. Dear B.J., I have complcted my preliminary review of your request for a minor subdivision of a Part of Tract C, Block 5-D, Vail Village lst Filing. Upon completion of my rcview, there are several outstanding issues which need to be addressed bcfore thc Planning and Environmcntal Commission can act upon your request. The purpose of this letter is to inform of which outstanding issucs must bc addressed. Plcasc rcsolvc thc follorving issucs: l. Fol clarity and accuracy purposcs, pleasc lemove the existing building outlinc frorn thc plat. 2. Please indicate that the "use" of Tracts | & 2 in the Land Use Summary is "T.O.V' R-O- W" and that thc "use" of Tract 3 is "T.O.V. Strcam Tract." 5. Add an arrow leading to the new southem plopefty line indicating that it too is a "property line created by this plat." Amend "note" #1 to read, "The purpose of this plat is to amend the property lines of the Austria Haus as shown and as agreed to in Ordinance#L2, Series of 1997." According to the acreage sunmary, 15.68 square feet or 0.00036 acres of land will be gained by the owncr ofthe properfy. To avoid any unnecessary controversy, please amend the proposed property to eliminate any gain of property to the Austria Haus or the Town of Vait. I believe this could most easily be accomplished by slightly realigning the eastem ploperty line. J. 4. {S "n "uor r", 1t:', ' 6. theNCertific"ate of peaicalion and Ownership needs to indicate that the ownership of Tracts | , 2, & 3 becomes the Town of Vail and that Tract 4 becomes the Austria Haus property owner. 7. The signature block shall be forthe signature of the PEC Chairman, not the Zoning Administrator I have tentatively scheduled your request for a minor subdivision review with the Planning and Environmental Commission on Monday, December 8, 1997. If you are unable to address all of the issues outlined in this letter by Monday, December l, please contact me so I can reschedule the review for a later date. As always, ifyou have any questions, please do not hesitate to contact nE at970-479-2145. Sincerely, t7-*r+-?*t*'t George Ruther, AICP Town Planner MEMORANDUM Planning and Environmental Commission Community Developmenl Deparlment DecemberS, 1997 A request for a minor subdivision amending the existing pf#t, lines of a lot legally described as a part of Tract C, Block 5-D, Vail Village First Filingjustrialegally described as a part of Tract C, Block 5-D, Vail Village First Filingj Haus, focated al24zEasl Meadow Onu1. ).,*f# Applicant Austria Haus Developrr08ir"or"""nted by q J'S:?:Planner: George Ruther DESCRIPTION OF THE REOUEST #' (L\b\4 was agreed to by the Vail Town Gouncil during the review stages of the Austria Haus projec't. The proposed minor subdivision results in an exchange of land between the Town of Vail and Auslria Haus Development. The land exchange will insure that the Auslria Haus improvements are on private property and eliminate the need for lease agreements and/or revocable right-of- way permits for permanent building improvements. The staff has worked with the applicant to insure lhat there is an equitable exchange of property. As a result of the proposed minor subdivision, the Town will acquire 2,377.77 square feet of Gore Creek stream tract and right-of- way and Austria Haus Development will acquire 2,377.77 squafe feet of developable property adjacent to East Meadow Drive. A copy ofthe proposed plat has been attached for reference. II. MINOR SUBDIVISION CRITERIA One of the basic premises of subdivision regulations is that the minimum standards for the creation of a new lot must be met. This project will be reviewed under the Minor Subdivision Criteria, pursuant to Chapter 17, Subdivision Regulations, of the Town of Vail Municipal Code. The first set of review criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision Application are as follows: A. Lot Area - The Town of Vail Municipal Code indicates that the minimum lot or site area for a lot located within the Public Accommodation Zone District, shall be 10,000 sq. ft. (0.299 acre) of buildable area. The Municipal Code defines "buildable area" as. Sh.r, A'-.J 1'DTO: FROM: DATE: SUBJECT: \ \rr The applicant, Austria Haus Development, repres"[ffy e..l-..Pav61ls requesting a minor subdivision to amend the existing property liilEs-ofl6$it'legally described as a partminor subdivision to amend the existing property liilEs-o[6$dt legally described as a part of Tract C, Block 5-D, Vail Village First Filing (a.k.a Ar$fi Haus). The minor subdivision is intended to facilitate the redevelopment of the Austria Haus (SDD #35) and is proposed as "any site, lot, parcel or any portion thereof, which does not contain designated floodplain, red hazard avalanche, or areas in excess of 4Oo/o slope." As proposed, the buildable area of a part of Tract C, Block 5-D, Vail Village First Filing is 24,092 sq. ft. (0.553 acre). This is above the minimum 10,000 square feet required by the Municipal Code. B. Frontage - The Vail Municipal Code requires that lots in the Public Accommodation Zone District have a minimum street frontage of thirty-feet (30'). The current proposal indicates street frontage greater than thirty-feet (30'). C. Site Dimensions - The Vail Municipal Code requires that each lot be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries. The cunent request results in a lot of the size and shape necessary to enclose a square area, 80'on each side, within its new boundaries. The second set of criteria to be considered with a minor subdivision r€quest are as outlined in the subdivision regulations: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intended purpose of Chapter 17, the Subdivision Regulations and other pertinent regulations that the PEC deems applicable. Due consideration shall be given to the recommendations by public agencies, utility companies and other agencies consulted under Seclion 17.16.090. The PEC shall review the applicaiion and consider its appropriateness in regard to Town policies related to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, effects on the aesthetics of the Town, environmental integriiy and compatibility with surrounding uses." The subdivision purpose statements are as follows: To inform each subdivider of the standards and criteria by which development and proposals will be evaluated and to provide information as to the type and extent of i m provements required. StaffResponse.' The rcview of this rcquest has followed the regulations prescribed for minor subdivislons in the Municipal Code. To provide for the subdivision of property in the future without conflict with developmenl on adjacent properties. Sfafif Response.' The proposal does not increase the number of lots. lnstead, the proposal allows for an even exchange of land intended to facilitate the redevelopment of the Austia Haus. The prcposal will not conflicl with development on adiacent propefties. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 1. 2. 3. .-, 5, SfaffResponse.' Sfaff does not believe that the applicant's request will negatively impact the value of land in the Town of Vail genenlly, or in the immediate arca specifically. 4. To insure that subdivision of property is in compliance with the Town Zoning Ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. StatTResponse.' The prcposed subdivision meets the minimum zoning requirements as outlined in sDD #35. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreational and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity lo serve the proposed subdivision. StaffResponse; Sfaff does not believe the requested minor subdivision will have any new adverse impacts on the above-described criteria. To provide for accurale legal descriptions of newly subdivided land and to establish reasonable and desirable construction, design standards and procedures. SfaffResponse.' The prcposal will create an arcunte legal description forthe subdivided land. To prevent the pollution of air, streams, and ponds, to insure adequary of drainage facilities, to safeguard the water table and encourage the wise use and management of natural resources throughout the municipality in order to preserve the irltegrity, stability and beauty of the community and the value of land. .11JO/# Sfaff Response; ('\ Staff believes the prcposed minor subdivision will have'impacts on the above- described citeia as the Town acquires additional lands adiacent to the Gore Crcek ripaian conidor. STAFF RECOMMENDATION The Community Development Deparlment recommends approval of the minor subdivision of a part of Tract C, Block 5-D, Vail Village First Filing (a.k.a. Auslria Haus), focated a|242 Easl Meadow Drive. Staff believes that the proposed minor subdivision meets the criteria outlined in Section ll of this memorandum. Should the Planning and Environmental Commission choose to grant an approval of the applicant's request, staff would recommend that the PEC find: 1. That the request for a minor subdivision of a part of Tract C, Block 5-D, Vail Village First Filing complies with the criteria outlined in the staff memorandum dated December 8, 1997 and that the minor subdivision is necessary to facilitate the redevelopment of the Austria Haus as reviewed and approved by the Town of 6. 7. ilt. Vail. Staff would further recommend that an approval carry with it, the following condilion: 1. That the applicant amend the title of the plat to read, FINAL PLAT VAIL VILLAGE, FIRST FILING, A PART OF TRACT C, BLOCK 5-D, AUSTRIA HAUS TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO prior to submilting the plat to the Town of Vail for recordation. *!5 I E. ErF l'r -sac\rF qB s' -FI AF Rca *'.:n lEs $FF' rq -t 3N B3 oIs trL EEs\lF F Fq U) lici oitt: i !;='i E iiii:rrt iil! r iiiit:; i:lt:t-l iilt' i- ':.:':;il:: :i: il :i;:Ill: !i , ;;' ;,;i, :I ;i : .,., ::r.l. i. .:'i : i::. l!'r ;:'i,l '' l l: ;'l.:....:'..:.'r- ]:..:'t:.::ll:ii.iir: i , , :i:i:;:i'ii : : ::,i:,:!iliir.!ii,i,;t;:ti.:.';;::::l:'rf::j!:.::::.:.:.. l::::.:::-.:.1' ..:.: :.:: ::: :::::::.::.: .::'-'i::;iriiiii::, $o- iI Il?t!t-a:l! I aa rt-lt!!al itt 3;t Iiii;!lr llrti: ii: fi,l-i; ili'li !:! ::ir: -r'{liti .-aii:at iirliiliili! :liiiiiilii: i;lirir: i iiiiiili i$iiii;i t Eqrt,2. l:t: i tiitd I i ! i !titii!;iti!::: !:i'-:!;I:il::t : tii!!ii:!i'llii :! riiirirllij:!: !! t .rit':,1'r.--!'i ,,!i:;i;iilillltu Itii:i i iiiiii!it+i= ,'i! :iii:iiililil:' ;! i i:iii;lrlil 2 -t tr:i:l'{ii ;:i iiii!;,r 2t;l .t. !'t e :!:l:.i :i \ :[iiii fit3rl: 9'a. I tir Irl: ;!;'i.:rl ; I ,/1dtlL ;r llal a rf I !':ii;:! i iii ii; - i iii:'l !: i i:-' ir: ;i fir,t e.i iiii,l 'i ' il I c t ii. l:' !l a: I iit li it ti li;,l: ,l: ki't. iiiii:i li r;i :r:l!;: . !.t.:-,t:; ' : lilI'i:!i't!t: :i !t r-! !! !l al 2a r. att.a, !;it ji!i;lliiiiiii ir..r:.-.e;:t.- i:::.:::a a.: i- r!,lt-at:.ji;t t.r. tt-. t..t.,r.rt.,aa:!-:.: 'aala l't' _: ia.j :J.t- ! It o o Town ol Vall '*'"1: g' ?l#l#{ oeveroe m e I Vall, CO 81657 Receipt No. DarcJeJ. Please make checks payable to lhe TOWN OF VAIL ,/7 Account No.llem No.Code #Cost Each Total 001 0000 314 1110 Zoning and Address Maps ZA $5.00 001 0000 3141't12 Uniform Buildinq Code CB $il.00 001 0000 3141112 Uniform Plumbing Code CB $39.00 001 0000 3141112 Uniform Mechanical Code CB $37.00 001 0000 3141112 Unilorm Fire Code CB $36.00 001 0000 31411't2 National Electrical Code CB $37.00 001 0000 3141112 Olher Code Books CB 001 0000 3141211 Blue Prints/Mylar Copy Fees BF $7.00 00100003141111 Xerox Copies XC $0.25 001 0000314'l'111 Studies, Masler Plans, elc.MS 001000031s3000 Penalty Fees/Re-lnspeclions PN 001 0000 311 2300 Plan Review Re-check Fee ($40lDer hour)PF 001 0000 315 2000 Off Hours Inspection Fees OH 00100003123000 Contractors License Fees CL 00100003124000 Sign Application Fee SP $20.00 001 00003124000 Additional Siqn Application Fee SP 001 0000 311 2200 Design Review Board Fee (Pre-paid)DR 001 0000 3153000 Building Investigation Fee PN 001 0000 240 3300 Developer lmprovement Aqreemenl Deposit D2 001 0000 3121000 Restauranl License lee (TOV)RL 001 0000 2302000 Spec. Assess.-Reslaurant Fee to Co.Dept.Rev.SA -001 0000 201 1000 Taxable @ 45% (State) - Tax payable TP '001 0000 3101100 Taxable @ 4.Oy" (Town) - Relail Sales Tax w Other/Misc. -MS 001 0000 311 2500 PEC APPLICATION FEES 001 0000 311 2500 Additional GRFA - "250"PV $200.00 001 0000 311 2s00 Conditional Use Permit PV $200.00 001 0000 311 2500 Exterior Alleration - Less lhan 100 sq. tt.PV $200.00 001 0000 311 2500 Exterior Alteration - More than 100 so. ft.PV $500.00 001 0000 311 2500 Special Developmenl Districl - NEW PV $1,500.00 001 0000 311 2500 Special Development Dislrict - Maior Amend PV $1,000.00 001 0000 311 2500 Special Development Districl - Minor Amend PV $200.00 00100003112500 Subdivision Fees PV €s2, ae 001 0000 311 2500 Variance PV $250.00 001 0000 311 2500 Zonino Code Amendments PV $250.00 Re-Zonino PV $200.00 Other -MS IOTAL:,J:z<> *) Commenls: Cash_ MoneyOrder#Check #//oaF Feceived by: DATB RICEIVED FROM DDRESS , t9 ?To o ermit row PilD-cash-check 4lu{ Surtor: Fq;lDT Oreck: il69Dffi tl/calrl 5t receiPt: ffifrfiount lendred tef:m PAY Ttl IIf {ruER {F FIRSNil( |f, UNIL untL, c0 815:it :16?1fl519: FM DflFIT III-Y T$t{ tr vAIL '/c uilt7 Tom of gai Irlr O.filmR fftEIFt rrr mElr RSfltlDT Fl tlffifR: I DflTE: lllGl/97 0l flEtEIpT: ffi4e _-_DESllpIlq orY Hu{r Tp rr _PEq-lnRlCI[E FE I 3ese.m F'J cx PIERIE,SEEERSER I ffi{f, fl.EIFIfl }IIB tlfllE: T(,Tfl- ffiIfiT l{:50: lllltE3t97 0€o( IEIOEftD Hse.ee |esc.m ]ISI( YIIJ FOR YflJR PNYFfi! a.i o o P & R Enterprises 228 Bridge St. Jail' co 8r6s7 Crossroeds Condominiums c/o Steve Stafford 143 East Mcadow Drive Vail, CO 81557 Village Center Association 124 Willow Bridge Rd. Vailn CO 81657 Vail Core Condominium Assoc. Brandess Cadmus Prop. Mgmt 281 Bridge St. Vail, CO 81657 Creekside Condominium Assoc. 223 Gore Creek Drive Vail, CO 81657 Mountain IIouse Condo Assoc. PO Box 1748 Vail, CO 81657 Vail Core Condominium Assoc. c/o John Kaemmer 434 Gore Creek Drive Vail, CO 81657 Lodge Properties, Inc. 174 E. Gore Creek Drive Vail, CO 81657 , coto r.rt trr r ocnro rt-r Srrl r THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmenlal Commission of the Town of Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the Town of Vail on December 8, 1997, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A requesl for a variance to allow for the installation of an entry sign to the Vail Golf Course, focated al 1778 Vail Valley Drive/ Lot 3, Sunburst Filing No. 3. Applicant: Vail Recreation District, represented by Piet Pielers Planner: George Ruther Lionshead Redevelopment Master Plan - Discussion and recommendation. Staff: Susan Connelly . A request for a minor subdivision, to allow for an amendment to the existing property line,' l\p located al 242 Easl Meadow Drive/on of a part of Tract C, Block 5D, Vail Village 1 st Filing. $opp,,""n,' Austria Haus Development, represented by B.J. Davis ' Planner: George Ruther A request for a residential addition, utilizing the 250 Ordinance, located at 4153 Spruce Way WesVLot 10, Block 9, Bighorn 3rd Addition. Applicant: David NeissPlanner: Dominic Mauriello The applications and information about the proposals are available for public inspeciion during regular office hours in the project planner's office located ai lhe Town of Vail Community Development Department, 75 South Fronlage Road. Sign language interprelation available upon request with 24 hour notification. Please call 479- 2114 voice or 479-2356 TDD for information. Community Development Department Published November 21,1997 in the Vail Trail. TOWN OFVAIL Department of Community D ev elopment 75 South Frontage Road Vail, Colorado 81657 970-479-2r38 FAX 970-479-2452 TEMPORARY CERTIFICATE OF OCCUPANCY Section 308 (d) ofthe l99l edition ofthe Uniform Building Code (UBC), as adopted by the Tou'n ofVail, reads as follows: "If the building official finds that no substantial hazard rvill result from occupancy ofany building or portion thereof before the same is completed, a temporary Certificate of Occupancy may be issued for the use ofa portion or portions ofa building or structure prior to the completion of the entire building or structurc," In accordance with the provisions noted above, the SECOND (2ND ) STORY ONLY of the nerv building constnrcted undcr Town of Vail Building Pcrmit # B97-0331 and kno'wn as the AUSTRIA HAUS rocated at 242 East Meadow Drive. vul. Colorado, has been found to be in substantial conformance with lhe minimum requirements of lhc Torvn of Vail Building Code and the provisions of Scction 308(d) of the 1991 Uniform Building Code (UIIC) as adoptcd by the town, and is hereby aulhorizcd for use and occupancy on a temporary basis, subjcct to the following conditions: 1) Within two days after the issuance of this Temporary Cerlificate of Occupancy ("T.C.O."), and no later than 5:00 p.m. on Friday, October 23, 1998, an inspcclion and approval of the automatic fire sprinkler system and the fire alarm rystenq for Temporary Certificate of Occupancy purposes, shall have been obtaincd. The inspection approval shall be satisflrctory to the Town of Vail Fire Dcpartment. At this time, a sprinkler slatem and fire alarm sysem inspection is scheduled to begin at 9:30 a.m. on Thursday, October 22, 1998. If, for reasons beyond the control of the ou'ner(s) and their contractors and sub- contractors, an inspection is unablc to bc performed as scheduled, the October 23, 1998 deaclline for receiving these inspection approvals may be extended by the chiefbuilding official. 2) Within one undred and twenty (120) dais after the issuance date of this Temporary Ccrtificate of Occupancy, all other portions of this new structurc known as thc Austria Haus, 242 East Meadorv Drivc, shall be completed in accordance with all conditions of Town of Vail approvals for the development and in conformance with all other cunently adopted and applicable laws, ordinances, codes and regulations of the Torvn of Vail. Cary R. Goodell, Chief Building Offi cial, Town of Vail. Colorado Acknorvledgement by Owners Represcnhtivu ^ Date ki '^', cLcDPAPER Datc a DRA November 6,199'7 Gordon Pierce Pierce, Segerberg & Associates Architects, Inc. 1000 South Frontage Road West Vail, Colorado 81658 Re: Austria Haus Building Permit Dear Gordon: I have complctcd my prcliminary rcvicw of thc building permit set of plans submittcd by your officc for the Austria Haus Redcvclopmcnt. Upon complction of my rcvicw, I havc dctcrmincd that scvclal issues nccd to bc addrcsscd bcfore I can lclcasc the building permit. Thc purposc of this lctter is to inform you of which issucs nced to be addrcsscd. Plcasc addrcss thc following concclns on a tcviscd sct of building pcrmit plans: Indicatc the gcncral location of the ovcrlook in Slifcr Square on Shcets D-3 and A 1.0. Provide plant matcrial quantitics on Shect A 1.0. Remove "Dcvclopment Cost Shared 50%-50% vvith Town of Vail" note from Shcet A 1.0. Indicate the change in concrete unit paver pattem (driveway vs. pcdcstrian arcas) and show paver crosswalk at thc driveway entrance on Sheet A 1.0. The paver pattem at the crossr.valk shall match that of the pedestdan areas. What is the height of the retaining wall at the end of the driveway on Sheet A L0? Remove all Bluegrass turf from the Town of Vail Stream Tract on Sheet A I .0. Three existing trees are shown on Sheet A 1.0 which have been lemoved. Please amend Sheet A 1.0 accordingly by added three new trees in there place. FT TOWN OF VAIL D e partment of C ommunity Deve lopme nt 75 South Frontage Road Vail, Colorado 81657 970-479-2138 jxsTo-47s-2452 l. 2. J. A 5. 6. - {,7*n'"t'o"o 8. 9. 10. To rcconfirm building hcight, plcase rcsubmit Sheet A 2.5 with existing and proposed contours shown below. Indicatc the aleas where mcchanical equipment will be installed on the roof on Sheet A 2.5. The Design Review Board approved building elevations with more planter boxes than are shown on the elevations (Sheet A.3.0 & A 3.1). Please amend the plans accordingly. Indicate the locations ofthe exterior lighting on Sheets A 3.0 & A 3.1. 12. Inaccordance with Section 6, Paragraph 2, please submit a roof projection plan. 13. Please resubmit elevation drawings of the approved bus shelter. The bus shelter drawings shall be on a drawing separate from the Austria Haus elevations. 14. Thc pool deck encroaches upon the Town of Vail stream tlact. Please revise the plans accordingly. Again, cach of the issucs addressed in this letter nccds to bc rcsolvcd prior to the issuancc of thc building pcrmit for thc Austria Haus. When all of the issues havc becn addressed on thc plans, plcase submit two complcte ncw sets of stamped building pcrmit drawings. The new plans will becomc thc approvcd development plans for thc Austria Haus. Ifyou havc any qucstions or conccrns, plcase do not hcsitatc to call, You can reach mc at 970- 479-2145, Sinccrcly, 11. George Ruther, Town Planner - DUAL OBI,IGEE RIDER TO PERFORI.,IANCE BOND Bond No. B 2444567 UIHEREAS, L9 97 , SHAW Heretofore, C\]NSTR,T.ETION, and on L.L.C. or about the 20th day of October 760 Horizon at' conEra or, enter DEVETPPMEITI 'GRC[JP, LLP to a written agreement w 9f,r accordance with drawings and specifications preparect by -Elerce;";-pc;-t-dlo s"utrr it"ntaee Roadr vait, -coloraao eI6F- herein referred to as the Contract, and WHEREAS, the Contractor and RELIAT€E INStfi,Al€E CCtlPAtilY , . , Philadelptria, Pennsvlvania a Ennsvl=vEnia ,= = ,- , corporatlon' as Surety, made, executed, and delivered to saacl Olrner t'nelr Jolnt ano several Performance Bond, and NOW, THEREFORE' in consideration of One valuable consid,erationsr receipt of which is undersigned hereby agree as follows: The Performance Bond aforesaid shall be follows: Dollar and other good and hereby acknowledged, the and it is hereby amended as I. The name of to sa 2.The rights of as a named Obligee, shall be subject to the conclJ-tl-on preceoent cnat t Owner's obligations to the Contractor be performed; provided, however, that the aggregate liability of the Surety under said bond, to the Owner and TO{t{ OF COIPRADO erests may apPear, J.s that the Surety may' check issued jointly sum ot sa opt.ion, make owner and lttlN any palrments OF VAItr toat its to the provided, under said @t,oRAm further, bond by 3. Except as herein modified, said Performance Bond shall be and remain in full force and effect. SIGNED, SEALED and DATED this 7th day of October , 19 98 RELIAIiTE INSI.RATiCE CC$'PANY A(IgIR,IA HATJS DEVETPPMET{T GRCJPT LLP Owner TEIflRON FTNAT.ICIAL @RPORATIOI Surety Lender STEIdART TITLE qjARAIIIY @. Bond }lc. B 2444567 WIIEREASr Heretofore, and on or about the 2oth day of October L9 97 , SHAW CEI\ISTRUITrO{, !.L.Cl =766 ttorizon prtlve, cril,runctionr colorado 81506 as Contractor, enter o a written agreemen .creoerhero & A..rsociates, PC, 1OOO SOuEh Frontage Road. Vail, Colorado 81657 heiein ieferred to as the Contract, and specifications prePar WHEREAS, the Contractor and RELIAIICE IN$-nA\ICE CSIPAI-Ir Philadelptriar Pennsvlvania a lennsvl.vania d &IIvdEfE- seid orrner their joint and several Labor and l'laterial Palment Bond' and NOW, THEREFORE' in consideration of One valuable considerations, receipt of which is undersigned hereby agree as follows: The Labor and Material Pa1'ment Bond aforesaid shall be and it is hereby amended as follows: 1. The name of TCIIN OF VAIL, CIf,TOR.ADO Doltar and other good and hereby acknowledged, the 2.The rights of TOilI{ Of VAILr @IOIRADO as a named Obligee, shall be subject to the condj-t:.on Preceden Ownerts obligations to the Contractor be performed; provided, that the aggregate liability of the Surety under said bnd, to however,the Ordner and lcfit{ oF VAIL, qcf,ORADO as tnelr .Lntere s may appear, J-s o the sum o ,a provided, further, that the Surety may, at its option' make any Paltments VAILTunder said bond by check issued jointly to the Owner and-lg$ iE CAIPR,ADO 3. Except as herein modified, said tabor and Material Payment Bond shall be and renain in full force and effect. SIGNED, SEALED and DATED this 7th day of October , 19 98 RELIAI€E INSLRAIiCE C\}IPANY AIJSTR,IA HAUS DEVEI,OPME|IiIT GROIJPT LLP Surety Ter TEXTRON FINA}ICIAL C\]RPOR,ATION [i ;, 1' i t' Lender SHAW C\TNSIRICIIONr L.L.C. Contractor STEWART TITLE GI,JARANTY @. RELIANCESURETY COMPANY UNITED PACIFIC INSURANGE COMPANY RELIANCE INSURANCE COI'IPANY RELIANCE NATIONAL INDEMNIW COI'PANY RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIiANCE ||IATIOML INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA PENNSYLVANIA POVI'ER OF ATTORNEY KNOW ALL MEI{ BY THESE PRESENTS, that RELIANCE SUREW COMPANY is a corporation duly organized under tie laws of tho Stato of D€lawar6, and ttlat RELTANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Ponnsylvania end that RELIANCE ]{ATIOI{AL INDEMNITY COiiIPANY b a corporation duly organizod under thr laws of the State of WFconsin (he6in collectivev called the Compani€") ard that the Companies by virtue of signaturE and seals do hereby make, constitutB and appoint T. PeteGon, Jamss S. Ro8ulok, Leon B. Darlols, J.R Richards, Douglas J, Rothey, Celoste l,looro.Helms, of Denvor, Colorado their end lawful Attomey(s)-in-Fad, to make, execub, seal and deliver br and on their b€half, and as their act ard deed any and all bonds and of sulotyship and to bind the Companbs thereby as fully and to the sams extent as it sucfi bonds and undenakings and olher writings obligatory in the nature thereof were signed by an ExeoJtive Officer of the Companies and sealed and attested by one other of suclr otfice'3, and heBby ratifias and confims all thai their said Attorney(s)-irFFaci may do in pursuancG hereof. This Porrver of Attomey is granted under and by the authodty of Artide Vlt ot the By-Lavvs of RELIiANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE MTIONAL INDEMNIW COMPANY whiCh PrOvBiONs AnE nolv in full force and effect, reading as follovr3: . , ARTELE VII - EXECUTION OF BONDS AND UNOERTAKINGS !.Tb.BosrdofDir.c!oB'1hcPEsi&$!tlt.clEirD.'oftlrc&'.'d'.!yseni!rvic.Prc!ida|l,|nyvic!Prcdd!atofAtj!..mvicePr.ti(b!t6(!thfGr&$| poErs!dDtb'it'b(r)roiotAttofty(tFit!F*t.ndb$thoIi2.thr'abcrrc1rtron!dElfofdrco0Fny.tod!.du|&rErir&.rcord'eDc.qcd|ofi dEtlof, .!d (b) b n'|Fvc r.y 3lcb Aro.r.y(t)Fin-Fd n |ny rtmc sd ttvokc th. poftr ud &dDtity !iy.n io hcm. 2.A!o.rcy(s}i[.F'ct$s||h.wpowcr.nd.uthority'9rbj.clolh!Erd.md|imiLtior8oflh!Po9cfofA|tontyir$.d@f€n'!oG&qlE'ndd.|ivGldl rEcognlaDccr, conE&t! of ln&fnity &d odEr writiDgr obliSrbry in d. !.[c tcEot. Tb corpcr. s..l ir Dt n c.!r y for tlE vsl *ririn8' obligebry i! rh. t|.!|rc &crrof. 3.Anoocy(t)-in-F&r'h'tthrY.po*cfrndruthofityb.rGqrcsffdavi6F$ri'EdlobcanaciGdbb<nd,,rccognizI6s,.gtncrsofin'l.,Inilyo' .l.o haw lo,rJcr |nd rr6o.ity b clrtify rhc fiDrDchl sirilndt of Oc Cornpcn], ad (o copic' of th. By-brvr of tl|c Comp.ny or .ny erticb or r.ctiod lErEof. ThbPwc.ofAtDricyitis!.d$d!..lcd'fctimi|Gund..'DdbyrutlDtiryofdcnoIotingre'o|uiionrdaGdby|'EErcqnivcrndFit.nc!cgnmi!.caofdEBoidfdk Unit!dhcif.t'urnnc!cosF!y''dRdiJENdioE|ln&mnitycoolFnyb'U'$idIou'cd3cotdredr'ofFcbnnr,28,l99trnd''dEEx.cutivc|tldFirl!'lcidc5nid $r.ca, Comp€oy ht Un|,|imou! Consa d cd .t of Mrrh 31, 1994. 'Rcso|vGdfut6!ri8D&rIc5of9Ibdi]t.to6rdofRo.]'r,d$c!e.lofthcqnpc,ryhaybc.fR&db&y!r'hPoi,!rofAtdttyofrD'c.fifc.D3rclxi.8|h.Ieohy]ib'd$y hxnofAbfEy6c!nifr.bG.'i4rrchictibib3ir!Ebr€:offstimilc$.lcul|bcvdida!dddi!g!poIfcaDF[y'Dd&yxrcbPoVcr5Gr.c{t!drl|dc!nifcdtyfcimi|c!irrsr md feil'|ilc rd sltU bc valid |nd bindbf r4on d|c c-dhp.ny, in th. firn|r€ rrith rcA.ct ro |l|y hood o. urdcn*ing to whict it ir dirchcd.' lN WITNESS WHEREOF, the Companies have caesed these pres€nts to b€ signed and their corpoGle seals to be hereto afnxed, this Octob€r 30, 1997. @@@@ STATE OF Washington ) COUNTY OF King ) ss. On this, October 3{t, t 997, beiore me, Laura L. Wadswoffr, personally appeared Mark YY. Abup , who acknowledged himself to be ths Vice Pr€sident of the Reliance Surety Company, Ftelianco Insurance Company, United Pacific Insrance Company, and Relianca National Indemnity Company and that as suc$, being euthorized to do so, executed the foregcing instrument tor tl-€ purpcse &arein ccnteined by signing tha n6m€ of the cotpo€tion by himself as its duly authoEed ofhcer. In witness whoreof, I hcreunto set my hand and official seal. l, Robyn Layng, 4ssir1"n1 Secrotary of RELIANCE SUREW COMPANY, RELIANCE Al{Y, end RELIANCE NATIO}.IAL INDEMNIW COMPANY do h€reby certiry that the Attorney exedrtod by said Companies, which is still in full torce and effect. lN WTNESS l,vHEREbF, I have lEreunto s€t my hand Cnd affD@d the seals ot said Companies this 7th day of Octobref 19 98 . 7ry ReskJing at Puyallup INSURANCE COMPANY, UNITEO PACIFIC INSURANCE COMP- aboye and foregoing is a tsue and coreci copy of the Pourer of @@ffi@ Assistant Secretary FILE?OPY TOWN OFVAIL Department of Community Development 75 South I rontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 nclober 14. 1998 Ellen M. Moritz, Senior Vice President 1"' Bank of Vail 17 Vail Road Vail, Colorado 81657 Re: Letter of Credit #980-4072, Austria Haus Development Group Dear Ellen: Pfease accept this lelter in lieu of the original copy of Letter of Credit #980-4072. An inspection of the property indicales that all of the improvemenls required and secured by the irrevocable Ieii.', ;l -, --:. '- --..; Lccn compleic:l lf you have afl! Qu.,-1,-,,.' vr conc€fnS, please oo not hesitate to give me c 3rrr '/--., san reach me most easily by telephone al479-2145. Sincereiy, nryR,.-el-*t vvv, ve Senior Planner {P "n'''n'o'uo o f,TBA]K OF VAIL 't7 vArL ROAD VAIL, COLORADO 81657 970-476-5686 October 9, 1998 Town of VaiI 75 South Frontage Road Vail, Co 8165? Letter of Credit #980- 407 2 Austria Haus Development Group Gentl-emen : Our records indicate the above- refe renced rrrevocabl-e Letter of Credit expired on August L2, L998, PLease return the orj-ginal copy of this Letter of Credit in the enclosed envelope. Thank you for your attention to this matter. Sin cerelv, ifrtn'"r'*rUEl-l-en M. Moritz Senior Vice President EMM: sjw EncLosure RE: o LETTER OF CREDIT FORII AT legat Desaiplion: LoL- Block- IMPROVEMENT Regrading and revegetation of the Austria Haus sitethe project is terminated by Developer and does not Subdivisiorl- - ,d/dte{s Zq fuf ntb+G.'.J1a2. Date ol Eqiration: if after deurolition occurs continue into construction. DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 12 day of Aueust . 19 97- by and 3ffiOrtQ See below * (hereinafter called the'Developef); and the TOWN OF VAIL (hereinafter called the'Town') "n6 Ist Bank of vail (hereinafter calledthe'Bank'). * Austria Haus Deveropnent Group, L.L.p. WHEREAS, the Developer, as a condition of approval of the Plans, dated June 5 19_2J-- wishes to enter into a Developer lmprovement Agreement; and WHEREAS, the Developer is obligated to provide security or collateral sutficient in the judgment of the Town to make reasonable provisions for completion of certain improvements set Jorth below: and WHEREAS, the Developer wishes to provide collateral to guarantee performance of this Agreement, including construction of the above-referenced improvements by means 0f the following: Developer agrees to estiablish a letter of credit with a Bank in Eagle County in a dollar amount of $ i8 ' 750:q9__ $25% ot the total cost of the work shown below) to provide security for the following: NOW, THEREFORE, in consideration of Developer and the Town agree as follows: 1. The Developer agrees, at the sole and material necessary to perform and complete all improv on or before See below ,tX The.Developer shall complete, in a good workmanlike manner, all improvements as listed ahove, in accordance with all plans and specifications filed in the otfice of the Community Development Department, the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. Such other designs, drawings, maps, specifications, sketches, and other matter submitted by the Developer to be approved by any of the above-referenced governmental entities. All said work shall be done under the inspection of, and to the satisfaction of, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Town of Vail Community Development Department and Public Works Department. 2, To secure and guarantee performance of its obligations as set forth herein, the Developer agrees to provide security and collateral as follows: lrrevocable letter of spgdil 9980-4072 in the amount of $-!8'Zso.oo with FirstBank of Vail (name of bank in Eagle County) as the security for the improvements set lorth Agreement by Developer. ** 90 days after termination described above the 8/rs Pagc I of3 above if there is a default under the 3. The Developer may at any lime substitute the collateral originally set lorth above for another form of collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein and the performance of the terms ol this Agreement. Such acceptance by the Town of alternative collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and nay of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer may have. 5. lt is mutually agreed that the Developer may apply to the Town and the Town shall authorize for partial release of the collateral deposited with the Town for each category of improvement at such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition will the amount of the collateral that is being held be reduced below the amount necessary to complete such improvements. 6. lf the Town determines, at its sole discretion, that any of the improvements contemplated hereunder are not constructed in compliance with the plans and specifications set forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but shall not be required to, redeem the letter of credit as necessary to complete the unfinished improvements. The Bank shall release such funds upon written request from the Town stating that the improvements have not been completed as required by this agreement. The Bank shall not require the concurrence of the developer prior to release of the funds to the Town nor shall the Bank be required to verify independently that"Fuch improvements have not been completed as required by this agreement, but shall release such funds solely upon the Town's written request. lf the costi of completing the work e*ceeO ine amount of the deposit, the excess, together with interest at twelve percent per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. lf the permit holder fails or refuses to complete lhe cleanup and landscaping, ad defined in this chapter, such failure or refusal shall be considered a violation of the Zoning Code. 7. The Developer warrants all work and material for a period of one year after acceptance of all work rejerred to in this Agreement by the Town if such work is located on Town of Vail property or within Town of Vail right-of-way pursuant to Section 17.16.250. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. Page 2 of3 PSA TAIL B oo408/08/97 FRI 15:02 F.l-\ I -970 C-AShr,il,'A STATE OF€€tORrqBO aAD ?/f't)c/'co COUNTY.OFEAS,t€ ^- ^o 4608 o ffiJ:,;:i,WP Eloper lmprove rn e nt, r,f;W[:, Wltness my hand and ofticial seal. City & County ot San F.arolct Cornm Erp. ljry 7, 1999 + STATE OF COLORADO COUNfi OF EAGLE ss. .,14:;:i'frW- r lmprovement Agreement was 1sS-{bY - fole me this STATE OF COLORADO COUNW OF EAGLE ss. D:y,a *]"'"'linJe,2T; :i: *i':"' Witness my hand and oflicialiptbrrrrr,',ee., ,N,fl,nl My commission exPires; lLveryon Vomid.vimF0.l'J Pego 3 of I f,TBAT\K OF VAIL 17 Vail Road Vail, CO 81557 (970) 47A5686.LENDER" rouf vail 75 S. Frontage Rd.vail, CO 81657 TELEPHOTIE IIO.(97O' 479-2LL6 IRREVOCABLE LETTER OF CREDIT : 9804r.72 BENEFICIARY ADDRESS IDETTIFICATION NO. Lender indicated above ('Lender') hereby establishes at the request and for the acrount of Customer an lrrevocable Letter ot Credh in fravor of 8eneficiary lor a sum of Eiqhteen Thg_qs_altd s_eJe4__qgndred_l!f_q__gnq_-4o^_qo _ Dollars ($ J-9a?59-:-Lo- ---- -- ). These funds shall be made available to Beneficiary against Lender's receipt from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide 8eneficiary with wriften notice of in the future) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. lF YOU FEEL UNABLE TO MEET ANY OF tTS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: Cuarantee regrading and revegetation of the Austria Eaus site at 242 8. lfeadow Dr, Vail,CO., if after denolition occurs tbe project is terninated by Developer and does not continueinto coD.struction. County of Eagle, Staie of Colorado. O Upon Lender's honor of such drafts hereinafter, Lender, once the full amount of credit available under this Letter of Credit has been drawn, shall be fully discharged oi its obligations under this Letter of Credit and shall not thereafter be obligated to make any turther paym€nts under this Letter of Credit in respect of such demand for payments to Beneficiary or any other person. lf a non-conforming demand is made, Lender shall notify Beneficiary of hs dishonor on or bebre the time mentioned in Seclion 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneflciary an amount demanded in accordance with this Lefter of Credit, Lender makes no repres€ntation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary or any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until B{eneficiary meets with dishonor. Beneficiary promises to return to Lender and confirm any funds received by Beneficiary in exiess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked 'DRAWN UNDER FiLs-t:B-qB,lLo-f-V-er.-I IRREVOCABLE LETTER OF CREDIT NO.980407 2 DATED -Auqustl2-'- !,927 ', and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transteree (only if transferable) may complete a draft and accompanying statements or documents required by this Lstter of Credit and make a draw under this Letter of Credit. This original Letter ot Credit must accompany any draft drawn hereunder. Partial draws ll are oermitted lTl are not oermitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credh available under this Letter of Credh. Following a partial draq Lender shall return this original Lefter of Credit to Beneficiary with the partial draw noted thereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above less any partial draw(s). 3. PERMITTED TRANSFEREES f This Letter of Credit may be transferred by Beneficiary upon providing Lender whh prior written noticE of the transfer. The Transferee shall be deemed the new Beneficiary of this Lefter of Credit and the documents of the Transferee, including drafts required under this Letter of Credit, are to be processed by Lender (or any intermediary) without the original Beneficiary's intervention and without any further responsibility on Lendeds part to the original Beneficiary. @ fne right to draw under this Letter of Credk shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by dkect operation of law to the original Beneficiarfs administrator, executor, bankruptcy trustee, receive( liquidato( successor. or oiher representatives €rt law; and B. The first immediate transfer (in its entkety, but not in part) by such legal representative to a third party after express approval of a covernmental boCy fiud:cial, administrative, or executive). lJASTat2 6 F.ihAjon Trch.oloqies. lnc. l:,21941 (8oO! 937-3799 TOWN Ofice of the Tbwn Auorney 75 South Frontage Road Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 November 24.1997 Cynthia A. Thornburgh Austria Haus Development Group, LLP 18 Whaleship Plaza San Francisco, CO 94111 Re: DeveloperlmprovementAgreement Dear Cynthia: Enclosed for your files is an executed original of the above-referenced agreement. Thank you for your assistance in this matter. Very truly yours, TOWN OF VAIL ^0R. Thomas Moorhead Town Attomey RWlWaw Enclosure xc: George Ruther t / A {g *n "uornro DEVELOPER IMPROVEMENT AGREEMENT THIS DEVELOPERIMPROVEMENT AGREEMENT (the "Agreement"), made and entered into this/S day of Nttv {L.1997, by and among Austria Haus Development Group, L.L.P. (the "Developer"), and the TOWN OF VAIL (the "Town"). WHEREAS, Developer intends to construct the Austia Haus Fractional Fee Club (the "Project") on the property described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the hoperty is zoned as Special Development District No. 35, Austria Haus, pursuant to Ordinance No. 12, Series of 1997, adopted by the Town Council on July 1, 1997 (the "SDD Ordinance"); WHEREAS, the SDD Ordinance and the Approved Development Plans specified therein impose ceftain obligations (the "Requirements") on Developer and require Developer to construct various off-site improvements (the "Improvements"); and WHEREAS, Developer and Town desire to enter into this Agreement in order to memorialize Developer's obligations with respect to the Requirements and Improvements. NOW TIIEREFORE, in consideration of the rnrtual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and Town agree as follows: 1. Construction Staging/Phasing Plan. Pursuant to Section 6, Paragraph 2 of the SDD Ordinance, Developer has prepared and presented to the Town and the Town has approved the Construction Staging and Phasing Plan for the Project as set forth in this paragraph and on the site plan attached hereto as Exhibit B and incorporated herein by reference. AUSTRIA HAUS CONSTRUCTION PLAN Adopted,9/9/97 SCIIEDULE The construction schedule of the Austria Haus shall generally be as follows: Commence Building and Site DemolitiodExcavation Relocation of Bus Stop Off-site Improvements Construction Substantially Complete September 2, 1997 September 2,1997 - November 15,1997 April 15, 1998 - ? December 15, 1998 Thcrnburgh \DocUryovernerl.ag f \cvcrycrc\gcrgc\euru'ia\die.o03 ^ 1116197 9Nm TRUCK ACCESS & TRAFFIC CONTROL . Delivery drivers shall contact the Shaw Superintendent ( Dan Le Roy 970-471-1947) a minimum of (2) business days prior to a delivery to coordinate the delivery and unloading. All delivery trucks shall enter the site at the west driveway entrance and exit the site through the east driveway exit. When readyto exit, all drivers shall contact the Shaw Superintendent to arrange radio-controlled traffic exit with the assistance of the Shaw Traffic Controller. No delivery trucks shall leave the site without clearance from the Shaw Traffic Controller. All delivery trucks shall exit the site and continue east on East Meadow Drive to Vail Valley Drive. Qualified traffic control personnel shall be employed by the Contractor. All traffic control personnel shall be equipped with a radio, appropriate flagging/signage equipment and a rernte control for the control gate on East Meadow Drive. The traffic contol personnel will coordinate the entering and exiting of delivery trucks with buses and pedestrians traffic. Public buses shall take priority over all construction traffic. All traffic control shall conform to the Manual of Uniform Traffic Control Devices. . No delivery trucks shall be staged on Town of Vail streets. . One traffic control person shall be stationed at the exit gate and fwo traffic control persons shall be stationed in Slifer Square. All traffic control personnel shall be equipped with a radio, whistle and the appropriate signs. The traffic control personnel shall signal when trucks are to exit the site only after making visual clearance for oncoming buses and stopping pedestrian traffic in all directions in the Stifer Square area. . The Contractor shall employ a "Contract Enforcement OfficeC'to enforce the provisions of this plan. PARKING . Construction worker parking shall be in the Vail Transportation Center until the underground garage in the Austria Haus can supplement parking of trade workers. . There shall be no parking on Town of Vail streets. . There shall be no delivery truck staging on Town of Vail streets. PEDESTRJAN SAFETY AND TRAFFIC DIRECTION Contractor shall install waming signs informing the public of the construction activity. sips shall be instalted in the locations identified on the approved construction staging Thqnburgi\DocUqtroverxnr.s gr li\rv.tydrc\t 6gc\.urriitia.o03 . The The plan. ^ 1116/97 9am . The contractor shall insall a construction fence as indicated on the approved construction staging plan. PLIBLIC IMPROVEMENTS . The contractor shall complete the Gore Creek streambank regrading and bus shelter' improvements in the Fall of 1997. These Improvements are anticipated to be completed by November 1997. The revegetation of the streambank will be completed in 1998. Temporary grey concrete pavement will be placed around the disnrbed excavated area around footings for safe pedestrian foot traffic, until the permanent snowmelt and stone pavement system is installed later in the project schedule. . The contractor shall proceed with the construction of the East Meadow Drive and Slifer Square in the Spring of 1998. ' Utility improvements in the Public Right-of-Way are scheduled during 9/97-11/15197, 4l 15 /98-6/ | 5/98. or 9/l/98- I | / 15 198. WORKHOURS Access for workers to the site will be after 7:00 a.m. Monday through Saturday. Working hours and equipnnnt starnrps will be after 7:30 a.m. and must be shut down by 6:00 p.rn Monday through Saturday. and 8:00 a.m. to 5:00 p.m. during the ski season, except as follows: No construction work will be performed 11/26/97-ll/29/97 No construction work will be performed during the period from 12/19197 - l/5/98. No constmction work will be performed from 3:00 p.m. 1/16/98-l/19/98. No constuction work will be performed from 3:00 2/13/98-2/16/98. No construction work will be performed from 3:00 4/10/98-4/12198. No construction work will be performed from 3:00 5123198-5125198 No construction work will be performed from I 2:00 noon 7 /3 /98-7 I 4/98. . Construction activity required for Sundays, Holidays or for extended work hours shall be reviewed tlree working days in advance and approved by the Town of Vail. When required, construction hours on Sundays will be limited to the hours of 9:00 am to 5:00 pm. ROAD CLEANING AND MAINTENANCE . The Contractor shall keep East Meadow Drive and areas adjacent to the outside of the construction fence clean from construction debris, mud or other undesirable materials resulting fromthe Austria Haus construction activities at all times. Anti-tracking surface will be installed a minimum of 50 feet from the entnance and exits to the site. Thornburgh\DocUryrovenent.a gt ilv.rydrc\gragc\.usBi.Uir.o0l ^ ll/6ft7 9EII| SNOWREMOVAL . The Contractor shall remove snow from within the site and disposed of in an appropriate manner off site, as needed. DUSTANDNOISE CONTROL . The Contractor shall limit unusually noisy construction activities to the hours of 7:30 a.m. to 6:00 p.m. Monday - Saturday, with the additional restriction of 8:00 am to 5:00 pm each during the ski season. Unusually noisy construction activities include but are not limited to: . Jacklammers. Desel powered equipment including excavation equipment, Mobile Welders, Generators, Crane, Concrete Pump Trucks. Masonry Saws outside of the building . The Contractor shall advise all trade workers of the need to use tools and machines with manufacturer-approved sound attenuating devices. . The Contractor shall control the dust emanating from the construction site during demolition and earthworking activities with water. . The execution of this document shall serae as a Specified Noise Permit pursuant to Section 8.24.060(A) ofthe Town of Vail Municipal Code. The Town Manager finds that the activity of construction will be of temporary duration which can not be done in a manner that will comply with subsection (A) and no other reasonable altemative is available. FIRE IIYDRANT ACCESS/SAFETY O . The fire hydrant along East Meadow Drive shall remain free and accessible to the Fire Deparfrnent at all times. . The Contractor shall contact the Town of Vail Fire Inspector to field verify the location of the construction fence neaxest the fire hydrant. . All construction activities wilt be performed in accordance with OSHA. . The contractor will post the emergency response phone numbers on the site. . Fire suppression equipncnt and First Aid equiprrent will be on site in the Construction Trailer and on site in appropriate areas. Thornburgh\Doc\IryoveErcnt.ag iibv<ryanc\gcogc\auriaVia, o03 ^ 1116197 916 CONTRACT COMPLIANCE PENALTIES ' Bus traffic shall not be stopped for any reason except an emergency. First time violators will be subject to a $150 penalry. Second time violators will be subject to a $300 penalty. Third tirne violators will be subject to a $2,500 penalty and may be prevented from working on the site. No parking shall be allowed on East Meadow Drive, first time violators will be subject to a $150 penalty. Second time violators will be subject to a $300 penalty. Third time violators will be subject to a $2,500 penalty and may be prevented from working on the site. Noise attenuation rules shall be enforced. First time violators of the noise control rules will be subject to a $150 penalty. Second time violators will be subject to a $300 penalty. Third time violators will be subject to a $2,500 penalty and may be prevented from working on the site. These penahies shall be assessed, collected and administered by Shaw Construction, Inc. It is understood that Shaw Construction, Inc. shall use any funds collected to further assure compliance with the Contract. TRAFFIC CONTROL PLAN COMPLIANCE . Shaw Construction will mail a copy of this plan to all material vendors with purchase orders and confimrthat delivery truck drivers acknowledge the rules and the potential fines outlined. . Shaw Construction will make these rules a part of each subcontract, will review them with the subcontractor prior to their first activity on site, will reference them in the weekly Subcontractor Meeting Notes and will work on site as a condition of employment on the Austria Haus project. ENFORCEMENT It is agreed that all terms and conditions contained herein shall be subject to enforcement by the Town Manager. In the event any condition or violation of the terms herein is not rernedied in ten (10) days ofnotification, the project is subject to a stop work order until such a time as remedied. Tbornbulgh\DocUqrovcEenl.a gr f bvcryanc\gccgc\aurh\dia.o03 A 1116197 gsm 2. Land Exchanse. Pursuant to Paragraph 5 of Section 6 of the SDD Ordinance, Developer shall, on or before November l, 1997, prepare and file with the Town all documents necessary for approval of a minor zubdivision to conplete the exchange ofparcels between Developer and Town contenplated by the SDD Ordinance. Dweloper shall diligently pursue such subdivision approval and Town shall flrlly cooperate with such efforts. The closing of the exchange of parcels shall occur fwe (5) business days after final, non-appealable approval ofthe subdivision is granted by the Town, and at the closing, each party shall convey its property to the other by General Warranty Deed, free and clear of all liens and encumbrances, except taxes for the year of Closing. Developer and Town acknowledge that the Town has previously granted to Developer the easement contemplated by Paragraph 6 of the SDD Ordinance and agree that the time period for completion ofthe Iand Exchange is extended as provided for herein. All costs incuned to subdivide the Properry and complete the minor 5 subdivision shall be the responsibility of Developer. 3. OFsite Inprovements. Developer shall, at Developels sole cost and expense (except as specifically hereinafter provided) complete the following Improvements: (a) Design and construct inprovenrents to East Meadow Drive, including but not limited to, all the improvements identified on the Approved Development Plans (street lights, curb/gutter, paving, utilities, drainage, irrigation, etc.) and in zubsequent construction documents. The installation of the l2-foot wide, concrete unit paver, pedestrian walkway, as identified in the Town Streetscape Master Plan, shall not be required constructed by the Developer and the costs to construct shalt be reimbursed by the Town of Vail. All reimburseable costs shall be reviewed and approved by the Town of Vail prior to construction. (c) Design and construct improvements to the westemmost sixty (60') of Slifer Square, as measured from the eastem properly lines of the Project, and as identified on the Approved Development Plans, and subsequent construction documents. This shall include. but not be limited to, the bus shelter, landscaping, paving, seating, lighting irrigation, sreet heating system piping for a snow melt system leading to a manifold, etc. The installation, operation and maintenance of the street heating system in this portion of Slifer Square qhall be the reqponsibility ofthe Developer. The Town of Vail shall reimburse the Developer all costs incurred to upgpde the heating system to accormnodate the heating of said portion of Stifer Square. All reimburseable costs shall be reviewed and approved by the Town of Vail. The operation and maintenance of the snow melt system in this portion of Slifer Square shall be the reqponsibility of the Town of Vail should the Town choose to operate the system. Construct all other improvements to the remaining portion of Slifer Square should the Town elect to pursue such otler improvements. The Town shall reimburse the developer for all costs incuned to construct such improvements on a cost/square foot basis. All reimburseable costs shall be reviewed and Thcnburgh\Doc\Iqrovro€m.r gr f tcr"tryoc\ocgc\autieviao03 o) -, 1ll6t97 gsm (d) approved by the Town of Vail prior to the start of construction of said improvements.. The Town shall advise Developer of its election to pursue such other improvement and provide construction documents to the Developer for the improvements on or before February l, 1998. The operation and maintenance of a snow melt system under this poftion of Slifer Square shall be the responsiblity of the Town of Vail. Construct an overlook in Slifer Square. The location of the overlook shall be reviewed, field verified and approved by the Town prior to the start of construction of the overlook. The overlook shall be installed as part of the required Gore Creek streambank improvements. (e) Design and in 1998 construct the Gore Creek streambank improvements in Tract l, Vail Village First Filing, from the Covered Bridge to the west property line of the Project. The inprovenrents shall be those identified in the Approved Development Plans, and in subsequent construction documents. 4. Additional Requirements. Developer, and Developer's successors and assigns, specifically including, but not limited to, the Austria Haus Condominium Association, Inc. to be formed, shall maintain the landscape planters in the Town right-of-way, on the north side of the Project. 5. lndemnification. Developer agrees to indemnify and hold Town harmless from and against any and all liabiliry, claims, actions, losses and damages, including reasonable attorneys' fees, arising fromany activities of Developer on the Property, on Town property or within a Town right- of-way. 6. Insurance. Prior to the commencement of any construction of any Improvements by Developer, Developer shall obtain and keep in effect so long as construction of Improvements confinues a poliry of public liability insurance with limits of $2,000,000.00 and umbrella coverage of S10,000,000.00, narning the Town as an additional insured. 7. Warranty. Developer hereby warrants all work and material for a period of one year after acceptance of the lmprovements by the Town if such work is located on Town property or within a Town right-of-way. 8. Arnendrnent. This Agreenrent may be anrended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. ltltI --^ / l. /Lt't {*'la4c1^---ATTEST: Thomburgh\DocU@provem€nl.6 gt fitvdyonc\g€org.\rusEiaui..o03 TOWN OF VAIL ^ obert W. Mclaurifi, Town Manager 1116197 gan STATEOFCOLORADO ) COUNTY OF Mclaurin, Vail Town Manager. ,n4L| \L- Subscribed to and sworn to before me this l/ day of , ss. official seal. 1997. bv Roben W. '+.n,^L.rL-i lo ,.,,'.p,o- --N-""ty hrbl" 't t411 AUSTRIA HAUS DEVELOPMENT GROIJP, LLP, Colorado limited liability limited parhership By: Thomburgh Development Company, L.L.C., Colorado limited liability company STATE OF COLINTY OF The foregoing instrument was acknowledged before me on this@d ay of //.n p'"4 1997, by Marc C. Thomburgh, as Manager of Thomburgh Development Company, L.L.C., a Colorado limited liability company. Witness my hand nnd official seal. By: ) ) ss. ) LORNg D0MrDs0r{ Mycommissionexpires ""4 1 rcf ? ffi Thornburgh\DocUqroveoent.. gr f:\cvcrycr\gocgc\auraiaUia.o03 ^ NOTARY PTIBLIC l 6M gam OFVAIL o LI o 2. 3. 4. 5. 6. o .r' Orowx Department of Community Developme nt 75 South Frontage Road Vail, Colorado 81657 970-479-2138 ilx 970-479-2452 August 22, 1997 Gordon Pierce Picrcc, Scgcrberg & fusociates Architccts 1000 South Frontage Road Vail, Colorado 81657 Re: Outstanding issues for the Austria Haus rcdevelopment Dcar Gordon: Thc purpose of this letter is to provide you with a chcck list of outstanding items which must bc rcsolvcd prior to thc issuancc of thc building pcnnit for thc rcdcvclopmcnt of thc Austria Haus. Thc list includes: l. A finalizcd sct of dcvclopmcnt plans for the Austria Haus as outlincd in Scction 4 of Ordinancc 12, t997. Af l thc conditions of approval outlincd in Scction 6 of Ordinancc 12, 1997. A firializccl strcambank rcvcgetation plan. Thc plan shall includc a lcgcnd dctailing ptant sizcs and quanitic.s. A building permit sct of drawings for thc ncw bus sheltcr. i The final cnginccred drawings on thc rcconstruction of East Mcadow Drivc. Thc plans shall specifically address where and how the new road will tie in with existing improvements. A final construction staging ptan. fnc final plan shall bc prepared with the coopcration ofthe Town of Vail 7. A Developer Improvcment Agreement outlining the financial responsibilities of all off-sitc improvements and thc construction staging plan. Again, each of the issues outlined above must be resolved prior to the Town of Vail issuing a building permit for the rcdevelopment ofthe Austria Haus. Ifyou have any questions or concerns, please do not hesitate to call. You can reach me il970-479-2145.' Good luck with your project, {g*,'o OFVATT 75 South Frontage Road Ofice of the TbwnAnorncy Vail, Colorado 81657 970-479-2 I 07/F ax 970-479-2 I 5 7 July 30, 1997 vrA TELECOPTER (303) s72-6sl I Andrea Bloom, Esquire Bearman Talesnick & Clowdus 1200 Seventeenth Steet, Suite 2600 Denver, CO 80202-5826 Re: Easement from the Town of vail to Austria Haus Development Group Dear Andrea: I have had an opportmity to review your draft of an easement from the Town to Austria Haus. I'd request a clause wherein Grantee indemnifies and holds the Town harmless for all activities by Grantee on the easement property. Further there should be an insurance clause wherein Grantee agrees that it will name tle Town of Vail as an additional insured on a policy of public liability insurance with limits of $2 million with umbrella coverage of $20 million. It would be appropriate to establish a time frame within which the exchange of the property and the minor subdivision process will occur. This will be the responsibility of the Grantei to pr€pare all documents and take it through the process. I do not believe that there is any need of expediency in this regard, only that we set a time frame. As far as I am concerned that time frame can be whatever works for you and your client. In regard to execution of the document, it will be executed by Robert w. Mclaurin, Town Manager rather than the Mayor. If you have any questions or comments please feel free to contact me. TownAttomey RTIWaw xc: George Ruther ,' $RECICLED PAPER $ol it ' : F'\pn j \Austr ia\cad\ 19017 Site Plan l'1on JuI 28 t3:44:16 1997 PSA - DENVER o WN OF VAIL FIL E COPT Department of Con*nunity Deve loprnent75 South Frontage Road Vail, Colorado 81657 970-479-2 I 3 8/479-2 I 39 FAX 970-479-2452 July 15, 1997 Gordon Picrcc Picrcc, Scgcrbcrg & Associatcs, Architccts 1000 South Frontage Road Vail, Colorado til657 Rc: Dcrnolition and grading pcrmits for thc Austria Haus Dcar Gordon, On tvlonday, July 14, I spokc with Mikc Fostcr rcgarding thc rcquircmcnts for dcmolition and gra4ing pcnnits tbr thc Austria llaus. Thc purposc of this lcttcr is to inform you of our tclcphonc convcrsation antl providc you ',r'ith thc subrnittal in formation rcquircd for thc pcrmits. Thc 'Iown of Vail rcquircs that thc following informatioit bc submittcd with 1'our application for a dcmolition and grading pcrmit: L A construction staging plan indicating thc location ofparking, construction fcncing, nratcrials and cquipmcnt storagc, dumpster locations, construction trailcrs, strcct closurcs, and on-sitc utilitics. 2. An asbcstos rcmoval and mitigation plan approvcd by the Statc of colorado 3. An crosion control and trec prcscrvation plan. 4. A site rcvegetation plan including a bond for l25Yo of the costs of implementing thc plan. Shoultl you havc any qucstions or conccrns rcgarding the information addressed in this letter, plcase do not hesitate in giving mc a call. You can rsach mc at 479-2145. Siucercly, lry?*t*t George Ruther, AICP Town Planncr {P *'n""""u"o April 3, 1995 A Definition of A staging plan will allow athe Right of Way for: l- ) Parking 2) Material Storage 3) Any other constructionindividual project a Staging Plan const.ruction project to use related activity for an Each individual project will be reviewed on a case bycase basis Each contractor must sign a form before picking up abuii-ding permit stat.ing Ctrat it is unlawfut to be in theRiqht of way for anr reason, and this Iaw wirl beenforced. we recognize that the contracLor always hassomething in the Riqht. of way during a constructionproject and this puts a burden-on codd Enforcement ""aPublic Works. r-f a staqing/parking plan is required for alr projectsbhat need the Riqht of Way, then we can be proactive bytelling the contract.or wrrat is arlowed ub front rrrhevery Town Department has a . copy of bhis pran to addinput and enforce. Ihi:-Parking/staging ptan should nor be confused with aTraffic control plan which allows for traffic tonegotiate around construction projects within trr" nigrrtof way. rt could be bhat a Traffic Control plan *;t'b;drawn with a Staging,/parking plan if utiliiy ,orji i;required for the project.. A Public works checkfist. that is answered correctly wilrguide a contractor effectively as to whether or not theyw.ilI be required to have a s[aging/parking p]-an and ifthev need a pubric wav permit befo;e the euiraing il;i;is released. cd \def It. ii preferred that anstaging plan, but a handas it is drawn Lo scale o 1p_p:g-""q sire plan is used ro draw a -11.I"_ plan may be ag-ceprable as longand ls neat and lesibre AN 1) 2) 3) The staging plan must show the following: A) Show alI parking that. is. reguired for the job siEe(include construit.ion equipment) .B) :i?:.rhe rocaJi;;;';1i"^Tc..iir. rhar, wirl be sEased on "] :lT"t:i location of arr dumpsrers and ourhouses rhar areD) ff a fence_ is reguired, then show _t.he Location of theE) f;';:.:3u"1:;::'i:":*.ul;J-iar used';;;"8h" fence rhen show how rhis will be i:"I:*tted Eo be prorecr.ed,F) If fire accaccomplisn"?1" is required' please show how this is to bec) If this st.aging plan is also for a Demo permit, then showstaging for dump- trucks inalf:_r"Iared Lq'..rip*"rrr. rf cheRishr of is needed i"i "iiging, rnen a -rraTfic cont.rolBl:l will be resuired i" -c=on:,.,n.ti;; ioi'.'ri^.n" srasins ff vrork needs Lo.occur in the Rieht-of ,Way, -then add a trafficcont.rot pran ro Lhe sraei;;;i;i'snowinq *re iorrlwins,A) The work zone _(Area tha, "o1f. is to be performed) . :] :i::::; contror ae"ices-t'irninq sisns,-;;;;; rrassers,c) Distances thaL all devices wilr-be s-eL up from the workzone' Also s.how arl dimensions or work ueinq performed int.he Rishr o{ Iuv. arr l.ir?j. "or,.t.oi-;i;# fi,.,"r "o',ror*,t 9h tf,:".":tti:"lill"o""-rev.'ewed .bv Pu?-lis works And ir necessary lllgi:s plan_is ";JJ,"::Til:l'L ?iY?'3o'.""i. ij"ir.' once rhadeparrme;Es tisila .Uo'" ana entoi..r.J." registered with t.h;;; 4) cd\s Lapl an t How it relates to Building permits: 1) Fill out our check list provided with a buildino oermit aoplication.. lf yes was answered to any .public Way,, isrequired. You can pick up an apprication at eiiher community oevetopmenilocated at 75 s. Frontage Road or Public works, located at t gdg Vait vittey Diive. 2)Notice sign offs for utility companies. All respective utilities prior to signing application. to a 48 hour notice to schedule a locate. utilities must field verify (locate) Some utility companies require up 4) 3) s) 6) 7) A construction traffic co.ntrol/staging plan must be prepared on a separate sheetof paper.An approved site plan may also be used. ' This plan will show locationsof all traffic contror devices(signs, cones, etc..) and the work zone, (area ofconstruction, staging, etc..). This pran wiri expire on oct. 1Sth. and wiil need tobe resubmitted for approval through the winter. sketch of work being performed must be submitted indicating dimensions (length,width & depth of work). This may be drawn on the traffic control ptan oi. a iiteplan for the job. Submit co,mpleted application to the Public Works's office for review. lf required,locates will be scheduled for the Town of Vail Electricians and trrijation crew. Thelocates take prace in the morning but, may require up to 4g houis to perform. The Public work's construction Inspector will review the application and approveor disapprove the permit. you wilr be contacted as to the siatus ano any th'ai mayneeded. Most permits are released within 48 hours of being receiveo, but pleaseallow up to one week to process. As soon as the permit is processed, a copy wiil be faxed to communityDevelopment allowinq,the "auitoing Permif'to be released. please do not confusethe "Public way perriit" with a 'e'uiroing permit" to do work on a project itself. NOTE: * The above process is for work in a public way only.* Public Way Permits are valid only until November 1Sth.* A new Public way permit is required each year if work is not comprete. cUWay rl TOWN OF VAIL. PROJECTSSCHEDULED FOR 1995 1. Bridge projects: a. Finish Chaoel_Bridoeb. Golf C_ourse Bathro'om Bridgec. pulis Bridged. Covered Bridge 2. Main Vail Roundabout 3. . VailRoad Overlay 4. Matterhorn Streeilmprovements:a. West Gore Creek Driveb. Atta Circlec. Shasta ptaced. Lower Matterhorn Circle 5. Golf Course Street lmprovements:a. Cabin Circleb. ptarmigan Circlec. Fairway Drived, Fairway Courte. Sunburst Drivef. Hornsilver Circleg. Homestake Circle' h. Spring Hiil Lane 6. West Forest Road Overlay 7. Slurry Seat:. a. Bald Mountain Roadb. Booth Falls Roadc, Booth Falls Courtd. Manns Ranch Roade. Katsos Ranch Roadf. Morraine Drive 8. Westhaven Drive lmprovements:a. Drainage and Overlay 9. Bald Mountain Underpass:. a. pedestrian Access and Ughting o Page 2 TOV Projects Scheduled for 199S Jan. 17, 1995 10. Bike Pathsa. Add a shoulder on Frontage Road from East Kinnickinnick to West Vail Conoco Station. b. . Matterhorn Circle to West Gore Creek Drivec. Dowd Junction 1 1. Lower Bridge Street:a. Drainage and Overlay 12. lce Arena Drainage and Road Work. 13. Drainage Projects:a. Lionshead Circleb. lce Arenac. West Meadow Drived. Upper Vail Roade. Vista Bahn Drainage 14. Founders Plaza 15, Town shop lmprovements:a. Drainageb. Utitiry Work . 16. Bus Shelters F TJAIIE IL\DAVIS\M€MO\gsPROJEC . ,r' 1) 2) rt is preferred Lhat an approved sit.e pran is used to draw astaging p1an, but a hand. drawn ptan rnay be accepEable as longas it is drawn to scale and is-neat and leqibfe. The staging plan must show Lhe followinq: A). flo, all parking that is reguired for(include cons truc t.i on eguipmeni) .B) show t-he location of atl miterial that wiltsi te.c) show t-he location of arl dumpsLers and out.houses that aret.o be on si te.D) If a fence is reguired, then show the tocation of thefence and describe the mat.erial used for the fence.E) rf trees and/or vegetation is required t.o be prot.ect.ed,then show how this will be done.F) rf fire access is .required, prease show how this is to beaccomplished.G) rf this staging pran is arso for a Demo permiL, then showst.aging for dump [rucks and att relat.ed Lquipment. If theniqht of is needed for staging, then a Lrjftic controlplan will be required in conjunction with the sEagingplan. If work needs to occur in the Riqht of Way, then add a Erafficcontrol plan Lo the staging plan showing the folJ-owing: Lhe job sit.e be staged on J' 4',t A) The work zone (Area LhaLB) Traffic control deviceset,c. . . )c) Distances zone, Alsothe Riqhrwith The i form that all'devices will be set up from the workshow all dimensions of work being performed inof Way..Alt traffic cont.rol plani must conform work is to be performed).(warning signs, cones flaggers, Traffic 1D necessary Once thewith these This plan will be reviewed by public Works And ifthe Police,Fire and Communiiy Development Dept.st,aging plan is approved t.hen it will be regist.erladepartments listed above and enforced. cd\staplon LAN L TALESMCK oBERT M. BelnveN 'W MTCHAEL CLowDUs MARTH S. NACHMAN FRANcrs B. BARRoN ANDREW J. CRETGHToN ANDREA BLooM, Socciql Consd EARMAN TerpsNrcr t Crownu! PRoFEssroNAL Con ponerrox ATToRNEYS AT LAw I2o0 SEVENTEEMTH STREET, SurrE 2600 DENVER, Colon^Do 80202-5826 TELEPHoNE: (303) 572-6500 FAcsrMrLE: (303) 572-55I I October l,1997 Via Facsimile 970/479-2157 George Ruther Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Developer Improvement Agreement (the "Agreement") Dear George: Attached is a draft of the Agreement which contains the provisions discussed with you and Tom Moorhead on September 18, 1997. As you requested, I am also forwarding to you via ovemight delivery a disk (word perfect 5.1) containing the Agreement so that you can insert the construction staging/phasing plan in Paragraph l. The Agreement has not yet been reviewed by all members of our development team so it remains subject to whatever comments they may have. By copy of this letter I am faxing a copy of the Agreement to Tom Moorhead as well. I look forward to hearing from you after you have had an opportunity to review the Agreement. Very truly yours,rz W. Michael Clowdus WMC/pd Enclosure cc: Cynthia Thornburgh (dencl. via facsimile) B.J. Davis (w/encl. via facsimile) Tom Moorhead, Esq. (dencl. via facsimile) Thomburgh\Ltr\Ruther W7gtl I-IIGfi COUNTRY ENGINEEHNG. INC. 923 COOPER AVENT'E G|_ENW@D SPBllcS, CO Et60l (970) 9,15-8676 tz L1 NB7'09'06"t -:Y L8'. jil: L------ u=t _.:"9 10.0'li-t- 2',.. .-.....\ TYP. L7 L6 I Irlll-:l =\ --' Ic' -Jt.l F o zt-Or o0 Iql (r.|._l 2 : xtL2 '. 1r,;. '.'. t' .,r; . .. rJ. '... '. Fu: ". '. " . .1llf ..: r':J9'1. ;'-i -[F 110 111 Ll220.51 @. LINE DIRECTION DISTANCE L1 N87'09'06'E 2 3. 53' LI N87'09'06"E J1 .16' L3 N49'55'08"t 12.87' L4 N87'09'06"E 22.OO' L5 s55'J8'05"t 1 6.96 LO s02'50'54"E 5. J6', L7 s02'50'54"E L8 N85'20'50"E | 0.00' L9 s81'37'03"E 38.J4' 110 s14'52'05"W 2A.35', Lll s1 2'36'56"E 35.95' Lt2 s38'J0'59"W | 0.16' Lr3 s87'09'06"W 42.59' 114 s02'50'54"I 4,0c' r't6 s02'50'54"E 8.62' 113 SCALT: 1" = 40' #o.i7oT"w THE FOUNDATION WAS SURVEYED ON MARCH 31. 1998, WITH SHOTS TAKEN ON THE TOP OF THE FOUNDATION WALL. TBI & TB2 WAS SURVEYED ON APRIL 29. 1998. TB3 THROUGH TB1O. & TR1 WERE SURVEYED oN MAY 13, 1998. FIRST & TOP FLOOR ELEVATIONS WERE SURVEYED APRIL 29, 1998. pRopERTy BouNDARy BASED oN A suRVEy By EAGLE vALLEy suRVEr,r". oo,.ol ,gnz. .RTGTNAL PROPERTY CORNERS FROM PREVIOUS SURVEY HAVE BEEN FOUND & VERIFIED. NOTE: THIS PROPERTY RECORD OR IN IS SUBJECI PLACE. TO RESERVATIONS. RESTRICTIONS. COVENANTS AND EASEMENTS OF IMPROVEMENT LOCATION CERTIFICATE I HEREEY STATE THAT THIS IMPROVIMENT LOCATION CERIIFICATE WAS PREPARED BY HIGH COUNTRY ENGINEERING. INC. FOR SHAW CONSTRUCTION. THAT IT IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FINCE, BUILDING, OR OTHER FUTURE IMPROVEMTNI LINES. IFURTHER STATE THAT THE IMPROVTMINTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MARCH J1, 1998, EXCEPT UTILITY CONNECTIONS, ARE TNTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERT ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVIMENTS ON ANY ADJOINING PREMISIS, EXCEPT AS INDICATED, AND THAT THTRE IS NO APPARENT EVIDENCI OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART PARCEL. EXCTPT AS NOTED. ), ). FRANK W. HARRINGTON. DATE: 5/19/gg JoB No.: 97072.O3 DESCRIPTION !EVATION TOP RIDGE BEAM 4220.47 TBI O TOP TOWIR SEAM 82r6.94 lOP ROOF DECX E2t J.29 PROPERTY DESCRIPTION AUSIRIA FIAUS 242 EAST MEADOW DRIVE VAIL, COLORADO a'f,i^-1 -^pe ..iilttq