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Home My WebLink AboutB08-0154 refund - transfer requestARCHITECTS Memorandum of Status & Potential Opportunities Redevelopment of Residential Condominium Units 27 & 28 Vail Village Plaza - Vail, CO 90 BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 W W W.VMDA.COM To: Eustaquio Cortina, Broker/Gateway Land & Development From: Mark Donaldson, Principal/Victor Mark Donaldson Architects CC: Chris Juergens, Principal/VMDA, Suzi Apple, Broker/GL&D, George Lamb, Broker/Slifer Smith & Frampton Real Estate Overview of Entitlements Status Owner: Gerardo Schroeder Architect: Victor Mark Donaldson Architects Subject Property: Units 27 & 28 are currently platted as two separate Residential Condominium Units with a total Gross Residential Floor Area ("GRFA") of about 1,694 SF. Zoning: Special Development District; previously utilized 250 Ordinance & Interior Conversion to add about 818 Square Feet GRFA to total approximately 2,512 SF GRFA. This Approval has since expired and requires new Design Review Application and approval. No extensions are available, but it appears no subsequent Zone Change has been implemented that would prevent reasonable approval of a like or similar expansion and redevelopment. Municipal & Regulatory Fees: New Design Review Board Application and Building Permit Application & Plan Review Fees must be paid in concert with new respective Applications. They will be calculated based on current Fee Schedules. It appears (and is presently being confirmed by Town Staff) that approximately $38,545.47 in previously paid fees for Housing Fee, Building Materials Use Tax and Recreation Fees remain credited toward redevelopment of these Units in the future. None of these fees may be refunded; if application requests increase or change, some additional fees may be due to supplement those credited. Air Space Added: We recall and understand that a payment was made (must be verified) to Mr. Meyer for the purchase of 'attic type air space volume' above the horizontal ceiling plane of Mr. Meyer's Commercial Unit below to be combined with Units 27 & 28 at the time of Condominium Map Re -Platting. That would allow specific expansion of interior residential condominium space area over 2 of Mr. Meyer's low roofs. We are not certain of the amount or consummation of this potentially contractual arrangement. Mr. Meyer could be contacted as well as Mr. Jim Stovall, Esq. who represented Mr. Schroeder's interests in this and other redevelopment matters. Potential Disruption of Commercial Activities During Construction: It is currently unknown as to the status of any agreements that may have been contemplated with Mr. Meyer for disruption of their mutual Floor/Ceiling Assembly during construction for adjustments, modifications and/or additions to proposed plumbing, structural and (see below) fire protection systems. New Fire Protection: Installation of NFPA 13 Fire Protection and Alarm System will be required for Units 27 & 28 in concert with the proposed redevelopment. It has also been stated that, since these 2 Units are within a single building also containing the Commercial Unit Below, that the same systems will be required to be included for the Commercial Unit. The impact to Mr. Meyer had been discussed and remains to be adjudicated between the parties. This remains an outstanding issue to be resolved. Potential Redevelopment Opportunities These 2 Platted Residential Condominium Units were designed by VMDA into a single Condominium Unit with the Floor Plans based on specific programming and spatial relationships requested by the Owner. The existing plans are of course subject to adjustment or complete reprogramming to suit the new owner. The guiding elements of near maximum volume and square footage are illustrated within those VMDA Documents. That is not to say some more volume could not be carved out within the zoning parameters to afford the addition of 'cubbies', reduced height storage, small recessed cabinetry, etc. to further enhance a custom and personal design function and aesthetic. VMDA stands ready for potential buyer consultation of existing and design conditions and to negotiate on a reduced fee basis our providing new sketch plan concepts, develop modifications to the existing plan and including possible additions of minor additions noted above. The logical options available at this time appear to be: 1. Retain and redevelop 2 separate and individual Condominium Units conforming to current Zoning and Building Codes or 2. Continue with the redevelopment as a single residential Condominium Unit with existing, modified or completely new concepts. Additionally, at the time of our previous entitlements and issuance of Building Permit, the IBC required 2 Exits for the redevelopment of a single Unit, as designed. Based on current Town Codes, if the single Unit were pursued, a second Exit could be eliminated in favor of more useable interior area, providing more plan flexibility and user desired adjustments. This is due to a single Exit now providing current Town Code compliance. This Subject Property resides among world class restaurants, hotels and retail shops and is situated with expedient vehicular access from Frontage Road and 1-70 as well as Vail's renowned Vail Village and Bus System. ARCHITECTS Memorandum of Municipal Fees Paid Plus Schroeder Residence Vail Village Plaza Condominium, Units 27 & 28 Vail, CO December 9, 2011 90 BENCHMARK ROAD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949-5200 FAX 949-5205 WWW.VMDA.COM To: Eustaquio Cortina & Suzi Apple/Gateway Land & Development From: Mark Donaldson/VMDA CC: Gerardo Schroeder Re: Status of Municipal Approvals, Fees Paid Previously & Preliminary Status of Account The following information has been gleaned from emails, internal forms and other documents from VMDA Project File and reduced to the following summary in response to your inquiries yesterday. We were able to determine the municipal applications listed below were filed and associated fees were paid by and on behalf of Gerardo Schroeder. In speaking directly with Warren Campbell, Senior Planner/Town of Vail Community Development Department, he suggests sending the Town a summary letter of fees paid for their verification. We will prepare that letter by category so they can verify either the continued validity or the expiration of the application pertinent to the fees paid. Below I provide a summary of my thoughts on which ones are still valid. Those will hopefully be confirmed by next week. We have no records of fees (if any) paid to the Home Owner Association or other entities and will contact Steve Stafford at Slifer Management as to the survival or expiration of HOA Board Approvals given. Municipal Fees Design Review Board Application & Fees: $300 Fee Paid and Final Approval received (DRB Number: DRB08077). This approval has expired and will need to be resubmitted for full review. This review will include the 250 Rule plus Interior Conversion for the 818 Additional GRFA approved for this expansion. No PEC Hearings are needed unless an expansion of footprint is requested. Building Permit & Plan Review Fee: $8,904.94 was paid, the Building Permit was received and extended twice, as allowed. The permit and fee paid has expired and will require an updated code review and documents adapted along with new fee for new Building Permit. Housing Fee: $19,357.97 was paid for the housing fee as it pertains to the additional 818 SF . It is expected to be credited at the time of new applications and only subject to any increased amounts. No portion of this will be refunded but additional fees may apply if costs are increased. Building Materials Use Tax: $19,000.00 was paid as it pertains to the estimated construction cost at the time and is expected to be credited at the time of new applications. No portion of this will be refunded but additional fees may apply if costs are increased. Recreation Fee: $187.50 was paid for the Vail Recreation District and it is unclear how this may be treated. Luc Meyer Matters Use of Gallery Space During Construction: We understand and recall a payment may have been made to Mr. Meyer to supplant commercial rent for several months while the contractor worked below the subject Condominium Unit and that that the Gallery was vacated for the agreed upon term though not utilized by Mr. Schroeder as construction did not proceed. Mr. Meyer will have to be contacted regarding this issue. The Floor/Ceiling Assembly between the two spaces was to have been substantially modified and replaced to accommodate the plumbing modifications and structural reinforcements. Purchase of Air Space: We understand and recall a payment may have been made to Mr. Meyer for use of 'attic type volume' of Mr. Meyer's Gallery to allow certain expansion areas over his low roofs. We are not certain of the amount or consummation of this deal. Mr. Meyer will have to be contacted as well as Jim Stovall, Esq. who handled Mr. Schroeder's legal work in this and other matters. Cost of Fire Protection System: Due to Mr. Schroeder planning to redevelop prior to significant changes to Mr. Meyer's Gallery space below, the Fire Department was requiring both condominium units be provided with full NFPA 13 Fire Protection. We believe Mr. Schroeder may have budgeted about $12,000 to $15,000 for the installation of Fire Protection in Mr. Meyer's Gallery but are not certain of any written documents or agreements. Again, Mr. Meyer and Mr. Stovall are your best resources in this matter. END Fee Items- B13-0076 08:34 04/23/2013 Item # Description Fee Amount Pmt Amount Balance Account code 10 BUILDING PERMIT FEES $5,791.25 $0.00 $5,791.25 BP 00100003111100 20 PLUMBING PERMIT FEES $450.00 $0.00 $450.00 PP 00100003111100 30 MECHANICAL PERMIT FEES $800.00 $0.00 $800.00 MP 00100003111100 40 ELECTRICAL PERMIT FEES $977.50 $0.00 $977.50 EP 00100003111100 47 ELEC PLAN REVIEW $635.38 $0.00 $635.38 PF 00100003112300 80 PLAN CHECK FEES $4,076.81 $4,076.81 $0.00 PF 00100003112300 140 RECREATION FEES $598.50 $0.00 $598.50 RF 11100003112700 150 WILL CALL INSPECTION FEE $20.00 $0.00 $20.00 WC 00100003112800 160 RESTAURANT PLAN REVIEW $0.00 $0.00 $0.00 FS 00100003112400 1205 USE TAX 4% $20,800.00 $0.00 $20,800.0 0 UT 11000003106000 1210 INVESTIGATION FEE BLDG $0.00 $0.00 $0.00 PN 00100003153000 1320 HOUSING FEE IN LIEU $3,366.25 $0.00 $3,366.25 11000003113300, CHP013 Total Rows: 12 & f4;onS Cah -rhe 614 HbL45;v,,S> e1- row. Zoo's, 6� � l�t��57_g7 'De G.001;e0/ 10 - C.4n -ff,,� bt,,, lcl; h� vnc4erir ( +mak �ravr\ -Flee Z�oc� �er� , f be C�IoPt�,eal to -tkt hew 1��,.��<<h� Perv►��i �rii6ao Ro - NOT �- J aJJ-4-us LX avA S �ko �" o .2 �sz � l� Page 1 Fee Items- B08-0154 08:38 04/23/2013 Item # Description Fee Amount Pmt Amount Balance Account code 10 BUILDING PERMIT FEES $5,418.75 $5,418.75 $0.00 BP 00100003111100 80 PLAN CHECK FEES $3,522.19 $3,522.19 $0.00 PF 00100003112300 140 RECREATION FEES $187.50 $187.50 $0.00 RF 11100003112700 150 WILL CALL INSPECTION FEE $4.00 $4.00 $0.00 WC 00100003112800 160 RESTAURANT PLAN REVIEW $0.00 $0.00 $0.00 FS 00100003112400 1205 USE TAX 4% $19,000.00 $19,000.00 $0.00 UT 11000003106000 1210 INVESTIGATION FEE BLDG $0.00 $0.00 $0.00 PN 00100003153000 1320 HOUSING FEE IN LIEU $19,357.97 $19,357.97 $0.00 11000003113300, CHP013 9000 OVER/UNDER PAYMENTS $0.00 $0.00 $0.00 **OVER/UNDER PMT** Total Rows: 9 Page 1 ******************************************************************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 04-23-2013 at 08:42:38 04/23/2013 Statement ******************************************************************************************** Statement Number: R080000739 Amount: $8,940.94 05/19/200802:24 PM Payment Method: Check Init: RLF Notation: 110 GERARDO SCHROEDER GONZALEZ ----------------------------------------------------------------------------- Permit No: B08-0154 Type: ADD/ALT MF BUILD PERMIT Parcel No: 2101-082-5602-8 2101-082-5603-9 2101-082-5604-0 2101-082-6102-0 Site Address: 100 E MEADOW DR VAIL Location: Vail Village Plaza Unit 27 and 28 Total Fees: $47,490.41 This Payment: $8,940.94 Total ALL Pmts: $47,490.41 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------------------------------------------------- BP 00100003111100 BUILDING PERMIT FEES 5,418.75 PF 00100003112300 PLAN CHECK FEES 3,522.19 TOWN OF VAIL, COLORADOCopy Reprinted on 04-23-2013 at 08:42:45 04/23/2013 Statement Statement Number: R080001027 Amount: $43,964.2206/25/200803:03 PM Payment Method: Check Init: DDG Notation: 2 checks,Donaldson 4981, gonzalez 111, cash $10 ----------------------------------------------------------------------------- Permit No: B08-0154 Type: ADD/ALT MF BUILD PERMIT Parcel No: 2101-082-5602-8 2101-082-5603-9 2101-082-5604-0 2101-082-6102-0 Site Address: 100 E MEADOW DR VAIL Location: Vail Village Plaza Unit 27 and 28 Total Fees: $47,490.41 This Payment: $43,964.22 Total ALL Pmts: $47,490.41 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------------------------------------------------- 11000003113300, CHPO HOUSING FEE IN LIEU 19,357.9 BP 00100003111100 BUILDING PERMIT FEES 5,41 . 5 RF 11100003112700 RECREATION FEES 7.50 UT 11000003106000 USE TAX 4% 19 000.00 TOWN OF VAIL, COLORADOCopy Reprinted on 04-23-2013 at 08:42:48 04/23/2013 Statement Statement Number: R080001027 Amount: $-43,964.22 06/26/200809:36 AM Payment Method: Void Init: DDG Notation: Mistake in input ----------------------------------------------------------------------------- Permit No: B08-0154 Type: ADD/ALT MF BUILD PERMIT Parcel No: 2101-082-5602-8 2101-082-5603-9 2101-082-5604-0 2101-082-6102-0 Site Address: 100 E MEADOW DR VAIL Location: Vail Village Plaza Unit 27 and 28 Total Fees: $47,490.41 This Payment: $-43,964.22 Total ALL Pmts: $47,490.41 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------------------------------------------------- 11000003113300, CHPO HOUSING FEE IN LIEU -19,357.9 IV BP 00100003111100 BUILDING PERMIT FEES -5,418 5 RF 11100003112700 RECREATION FEES - 7.50 UT 11000003106000 USE TAX 4% - ,000.00 ---------------------------------------------------------------s------------ ******************************************************************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 04-23-2013 at 08:42:53 04/23/2013 Statement ******************************************************************************************** Statement Number: R080001030 Amount: $19,357.9706/26/200809:45 AM Payment Method: Check Init: DDG Notation: Gonzalez 111 ----------------------------------------------------------------------------- Permit No: B08-0154 Type: ADD/ALT MF BUILD PERMIT Parcel No: 2101-082-5602-8 2101-082-5603-9 2101-082-5604-0 2101-082-6102-0 Site Address: 100 E MEADOW DR VAIL Location: Vail Village Plaza Unit 27 and 28 Total Fees: $47,490.41 This Payment: $19,357.97 Total ALL Pmts: $47,490.41 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------------------------------------------------- 11000003113300, CHPOI$ HOUSING FEE IN LIEU 19,357.97 ******************************************************************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 04-23-2013 at 08:55:50 04/23/2013 Statement ******************************************************************************************** Statement Number: R080001031 Amount: $19,191.5006/26/200809:52 AM Payment Method: Check Init: DDG Notation: Donaldson 4981 and $10 in cash ----------------------------------------------------------------------------- Permit No: B08-0154 Type: ADD/ALT MF BUILD PERMIT Parcel No: 2101-082-5602-8 2101-082-5603-9 2101-082-5604-0 2101-082-6102-0 Site Address: 100 E MEADOW DR VAIL Location: Vail Village Plaza Unit 27 and 28 Total Fees: $47,490.41 This Payment: $19,191.50 Total ALL Pmts: $47,490.41 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------------------------------------------------- RF 11100003112700 RECREATION FEES 187.50 UT 11000003106000 USE TAX 4% 19,000.00 WC 00100003112800 WILL CALL INSPECTION FEE 4.00