HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT M O VAIL VILLAGE INN PHASE 4 AKA VAIL PLAZA HOTEL SEBASTIAN 2003-2008 GENERAL(
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FILE Sr/PI
Departmmt of Communitl Deuelnpment
75 South Fronwge Road
Vail, Colorado 81657
970-479-21i8
FAX 970-479-2452
uuuudilgoucom
March 18,2008
Ms. Kazue Osaki
P.O. Box 4104
Vail, CO 81658
Re: Sale of parking spaces within Vail Village Inn located at 100 East Meadow
Drive/Lots M and O, Block 5D, VailVillage Filing 1
Ms. Osaki,
This letter is being sent in response lo your request for a letter from the Town confirming
the ability for Mr. Prado to sell parking spaces which he owns within the Vail Village Inn
development to you, Ms. Osaki. Cunently there is a parking shortage within the Vail
Village Inn development due to the past sale of parking spaces to individuals outside of
the ownership within the development. We have several cases of commercial tenants
and condominiums which dO not have the.required parking associated with them as they
were sold off separately in the past. This practice was not permitted under the Town
regulations nor was it beneficial to the long term viability of the development. In the past
several years the Town and ownership within the development has been working to
rectify this with each project.
With that said, Staff is in support of the sale of parking spaces from Mr. Prado to you,
Ms. Osaki, so long as these spaces do not serve as a part of the required parking for
any commercial or residential spaces owned by Mr. Prado in the development. The only
requirement the Town will place upon this sale is that all parking spaces need to be
deeded and recorded with Eagle County to the individual commercial and residential
tenant spaces you own in Vail Village Inn. This requirement will insure that the required
parking for the development will remain a part of each space and not sold off separately.
Please review these comments and contact me at 970-479-2148 if you have any
questions. I look fonvard to working with you to accomplish this goal of the Town and
yourself.
Rgogrds, A ^ nil,\ n lt til
4/.Jdt turn UI{XR}Y
Warren Campbell I
Chief of Planning
Cc: File
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75 South Frontege Soadn Va$|, Cslor$o tl$$?
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Project Name: OSAKI'S ADDmON
Proiect Description:
OSAKI'S ADDMON CONCEPTUAL REVIEW
Pa|ticipants:
OWNER OSAKIS LLC
DRB Number: DRB080116
0412312008
c/o wATsoN & co rNc
10670 E BETHANY DR BLDG 4
AURORA
co 80014
APPLICANT K.H. WEBB ARCHITECTS rc O4|23|ZOOB phone:,970477-2*0
710 WEST LIONSHEAD CIR, UNIT A
VAIL
co 816s7
License: C000001627
lOO E MEADOW DR VAILProject Address:
Legal Description:
Parcel Number:
Comments:
Location:
LOU BIocK: Subdivision: VAIL VILLAGE PI.AZA coNDo
2101-082-5601-4
OSAKIS
i\l
BOARD/STAFF ACIION
Action: WTTHDRWN
Conditions:
Plannen Bill Gibson
Minor Exterior Alterations
Application for Design Review
Depadment of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 97 O.47 9.2728 f a\i 97 0.479.2452
web: www.vailgov.com
General Informationt
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Depatment. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request: Apprno^r / Pg Jo\r4fre^J Ib oEAazt3
JARAd?4,e rEsfrvtsPo.lt
Location of the Proposah Lot:_Block:Subdivision:gDD *6
Physical Address: loo €ilC*r VUfptmr.f pL'. rjr'l rT tt uA+u
parcel No,: Zl o t oBL 56 or4 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:Sbb A6
Name(s) of Owner(s):TqrF€stt\ t v-tz*r osA+{
Mailing Address:o Eox 4to4 $A.tL (-p 8r6s?J
tR??
Owner(s) Signature(s)t
'-'------------_>
Nameof Appl;""n1r t-+{ UmgB A{rthlf,a{S
Mailing Address:es.tS{l€4O
Phoner
E-mail Address: l'wlzlartl 0 bJruu*lb. ca'.-. fu*'trVt. 0 klnu.raLh. ca,.r,r-
Type of Review and Fee:
n Signs _-$O---\PfuE $1.00 per square foot of total sign area.
f S-ieeJ
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, Iandscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc,
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
nI
D
tr
n
J^
f]4L LOnCePrUal ReVleW
New Construction
Addition
Minor Alteration
(multi-family/commercial)
Minor Alteration
(single-family/du plex)
Changes to Approved Plans
Separation Request
Page 1 of2
Bill Gibson - RE; Osakirs
From:
To:
Date:
Subject:
CC:
"Michael Current"
"Bill Gibson"
05/0712008 3:51 PM
RE: Osaki's
"Kyle Webb"
Biil,
I am sorry for the confusion about DRB this afternoon. I was unaware that we were still on the DRB agenda.
We are unsure of the future of the project at this time. We are certain that the Osaki's still want to seek the
apprwal from PEC, but are unsure about DRB. As l'm sure you understand, things have gotten a litfle
complicated with some of the site restraints and who will be rbsponsible for the additional iequirements. We
certainly want to complete the PEC approval process with the two Town Council readings, but beyond that
everything is on hold until further notice.
Again, sorry for the confusion but hopefully this is understandable. I will submit three copies of the revised siteplans to you for the requested changes below regarding the ramp for PEC. Please let me know if you have anyquestions or if you need anything else.
Thanks,
Michael Currentk.h.webL
architects pc
710 west lionshead circle
suite a
vail, colorado 81657
97 0.477 .2990 @) ryww.t<hwebb{on
From: Bill Gibson [mailto:BGibson@vailgov.com]
Sent Wednesday, May 07, 2008 9:59 AM
To: Kyle Webb; Tom Kassmel
Cc: Michael Current
Sublect: Re: Osaki's
Hey Kyle,
I speaking with rom this morning, the ramp must be revised to address the following:
o the ramp must be a minimum of 3 feet wide
o the ramp must be snowmelt heatedr a drain must be installed at the base of the ramp
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81557
file://C:\Documents and Settings\Adminishator\Local Settings\TernpU(Pgrpwise\4821D0... 05/0BIZ00B
Page2 of2
(s70) 47e-?r73
(970) 479-245?fax
>>> "Kyle Webb" <kyle@khwebb,com> 05/02/2OOS 6:25 AM >>>
Tom/Bill,
We are trying to continue forward with Osaki's.what is the drainage ramp status?
Thanks!
Kyle
k. h. webb
srchitecls. pc
710 west liolshead circle
suitc a
vail . colomdo 8165?
970.47.2990 (p) www.ldwebb.com (w)
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t.
D epartmmt of C o rnmunity D euel.op ment
75 Soutb Frontage Road
Vail, Colorado 81657
970-479-2r38
FAX 970-479-2452
ulunu, udilgou corn
May 2, 2008
Monika Oberlohr
2656 Davos Trail
Vail, CO 81657
Re: Sale of parking spaces within Vail Village Inn located at 100 East Meadow
Drive/Lots M and O, Block 5D, Vail Village Filing 1
Ms. Oberlohr,
This letter is being sent in response to your request for a letter from the Town confirming
the ability for Mr. Prado to sell parking spaces which he owns within the Vail Village Inn
development to you, Ms. Oberlohr. Currently there ls a parking shortage within the Vail
Village Inn development due to the past sale of parking spaces to individuals outside of
the ownership within the development. We have several cases of commercial tenants
and condominiums which do not have the required parking associated with them as they
were sold off separately in the past. This practice was not permitted under the Town
regulations nor was it beneficial to the long term viability of the development. In the past
several years the Town and ownership within the development has been working to
rectify this with each project.
In a phone conversation we had on Tuesday April 29, 2008, you informed me that you
currently own a 700 square foot condo in the Vail village Inn special Development
District and a single parking space which is not currenfly deeded to be sold in
conjunction with the condo you own. You further informed me that you are interested in
purchasing multiple parking spaces, 3 or 4, from Mr. prado. In this conversation you
identified you are willing to deed a single parking space to your 700 square foot condo
and you are willing to place a deed restriction on any additional space you buy which
requires those spaces to only be sold to owners of residential or commercial
condominiumized spaces in the Vail Village Inn Special Development District.
With that said, Staff is in support of the sale of parking spaces from Mr. prado to you,
Ms. oberlohr, so long as these spaces do not serve as a part of the required parking for
any commercial or residential spaces owned by Mr. prado in the development. The only
requirement the Town will place upon this sale is that at least one (1) parking space
needs to be deeded and recorded with Eagle County to the individual residential
condominium space you own in Vail Village Inn. Any additional spaces you acquire
need to have new deed restrictions placed upon them to identify that the sale of the
spaces can only occur to purchasers whom own either commercial or residential
condominiums in the Vail Village Inn Special Development District. This requirement will
insure that the required parking for the development will remain a part of a specific
condominium space and not sold off separately and that your additional parking spaces
$RECYCLED PAIER
L
are not sold to purchasers outs of Vail Village Inn for whom the parking was originally
intended.
Please review these comments and contact me at 970-479-2148 if you have any
questions. I look fonrvard to working with you to accomplish this goal of the Town and
yourself. Please provide me with copies of your revised and recorded deed restrictions
for the parking paces you own and those you intend to purchase within 60 days of
closing on the parking spaces
-t h^ a-',lrrl
Warren Campbell
Chief of Planning
Cc: File
AGREEMENT TO PURCHASE DEEDED PARKING SPACBS
THIS AGREEMENT TO PURCHASE DEEDED PARKING SPACES (the "Agreement") is dated September 23, 2003
between DHL REAL ESTATE INVESTMENTS, LLC, a Colorado linited liability comparly, as Buyer, which iereby agrees to buy,
and Waldir Prado as Seller, who agrees to sell, for a good and valuable consideration on the terms an conditions set forrh herein, the
following described deeded parking spaces (each a "Parking Space" and cotlectively, the "Parking Spaces"): Vail Village Inn plaza
condominium Unground Parking space # '.'--and _, located in Eagle county, colorado.
| . Purchase Price and Terms. The purchase price shall be $50,000.00 per Parking Space, for a lotal prrrchase price of
$90,000.00 for both Parking Spaces. The purchase price shall be payable in U.S. Dollars by Buyer as followi:
a. Eamest Money. $4,500.00 in the form of a personal clreck, as earnest money deposit and part paynrent of the
purchase price, payable to and held by Land Title Guarantee Company, 108 South Frontage Road, W. No. 203, l.Cj. Box 357, Vail,
Colorado 81657 (the "Title Company"), to be held by the Title Company, in an interest lrearing account, for the benefit ofBuyer and
Seller.
b. Balance of Purchase Price. Tlie balance of$95,500.00 (purchase price, less eamest money) shall be paid at the
date of closing, plus closing costs, to be paid by Buyer at closing in funds wlrich conrply with all applicable Colorado laws.
2. Evidence of Title. Seller shall fumish to Buyer, at Seller's expense, a current commitment lor an owner's title iusurancepolicy in an anloullt equal to the purchase price. The title commitment, in the amount ofthe purchase price sliall be delivered to Buyer
on or belbre ten ( l0) days fi onr the date of this Agreelrent ("Title Deadline"). Buyer requi,'ei of Seller that copies of instr.ulrelrs
listed in the schedule ofexception in thc title insurance commilment also be furnished to Buyer at Seller's expense. This requirenrent
shall pertain only to instruments shown ofrecord in the office of the clerk and recorder ofEagle County, Colorado. The titlc
insurance comtrritnrent, together with any copies of inslrunrents furnished pursuant to this Section 2, constitute the titie documents("Title Docurrents"). Buyer requests Seller to fumish copies of instruments listed in the schedule of exceplions no later than three (3)
calendar days after Title Deadline. Seller will pay the premium at closing and have the title irisurance policy delivered to Buyer as
soon as practicable after closing.
3. Title Review. Buyer shall have the right to ilspect tlie Title f)ocuments. Written notice by Buyer of r.rnmerchantability of
title or ofany unsatisfactory title condition shown by the Title Documents shall be signed by or on behalfolBuyer and givel ro Seller
ou or before ten (10) calendar days after Title Deadline, or within five (5) calendar days aftir receipt by Buyer ofany Tirle
Docunrent(s) or etrdorsenrerrt(s) adding new Exception(s) to the title commitment togitlier with a copyof the Title Document addilg
new Exception(s) to litle. IfSeller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title
as disclosed by the Title Docunrents as satisfactory. IfSeller receives notice of unmerchantability of title, Selier shall use reasonable
effort to conect said urrsalisfactory title condition(s) prior to the date ofclosing. If Seller fails to qonect said unsatisfactory title
condition(s) on or belore the date ofclosing, this Agreenent shall then terminate; provided, however, Buyer may, by written notice
received by Seller on or before closing, waive objection to said unsatisfactory title conditiol(s).
4. Bu-ver's Purchase Contingency. Buyer is entering into this Agreement in connection with Buyer's planned construction oi
a separately condominiumized luxury penthouse apartment comprising iportion of Unit 5, Vail Village ilaza Condonriniurns, phases
I and ll (Village lun Plaza, Phases I and ll) (the "Alpenrose Chalet"). Aicordingly, Buyer's obligations provided for her-eunder ar.e
subject to and expressly conditioned upon Buyer's successfully obtaining final andnon-appealabG approval by the Towp of,Vail lbr
the Buyer's proposed redevelopment of the Alpenrose Chalet, including approval of the plinned elpinrose Clialet by the Town of VailVillage Planning and Environmental Committee, Dcsign Review goa.d, iown Council, and rhe issuance of a building pernrit lor theconstruction of the Alpenrose Clialet by the Town of Vail Village Building Department, not later than December 15, ,003(collectively, "Buyer's Development Approvals"). If, at any time prior to Declmber 15, 2003, Buyer is unable to successfully obtain
any or all of Buyer's Development Approvals, Buyer may provide Seller with written notice of Buyer's election to terminate this
Agreenrettt, and upon Buyer's delivery of suoh notice, this Agreenrent shall terminate eifective immediately, anti Buyer shall receive
the i'rmediate refund of Buyer's eamest money deposit, plus any accrued interest.
5. Date of Closing. The date ofclosing shall be thirty (30) days from the date of Buyer's obtaining all of Buyer's
Developn.rent Approvals and the expiration of any relevant appeals peiiods, or by rnutual agieement ofBuyer and Seiler at ap earlier
date. The hour and place of closing shall be as designated by Buyer and Seller. it closing, all monies due to Buyer to Seller. rvill bepaid, provided that the Seller has complied with all of the requirements of this Agreenent.
6 Transfer and ConYgyanQe Requirements. Subject to payment or tender as provided for above, and compliance by Buyerwith all other terns and conditions hereof at closing the Seller agries to convey to Buyer the Parking Spaces free and clear of all
taxes, except the general taxes for the year ofclosing, and except for those matiers reflected by the Title Documents accepted byBuyer in accordance with Section Z above.
7. Closing Costs- Doquments and Services, Buyer and Seller shall pay, in Good Funds, their respective closing costs and allother items required to be paid at closing, except as otherwise provided heriin. Buyer and Seller shall sign and complete allcustomary or required documents at or before closing. Fees for real estate closing iervices shall not exceed $300.00and shall be paid
at closing by Buyer and Seller equally. Any sales and use tax that may accrue because of this transaction shall be paid when due tyBuyer.
8' Bayment ofEncumlrances. Any encumbrances required to be paid shall be paid at or before closing from the proceeds ofthis lransaction or from any other source.
9' Prorations. General_taxes for the year ofclosing, based on the taxes for the calendar year immediately preceding closingshall be prorated to the date ofclosing.
10' Possession. Possession of the Parking Spaces shall be delivered to Buyer as follows: ,on delivery of the deed at closilg,subject to the following lease(s) or tenancy(s): None.
I l' Time of Essence/renredies. Time is of the essence hereof. Ifany note or check received as earnest money hereunder orany other paynrent due hereunder is not paid, honored or tendered when due, or ifany other obligation is not performed or waived as
herein provided, there shall be the following remedies:
(a) Buver's Default. IfBuyer is in default hereof, all payments and things of value received hereunder shall be forfeited by
Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that
such payments and things of value are LIQUIDATED DAMAGES and are SELLER'S SOLE AND ONLY REMEDY for Buyer's
failure to perform the obligations ofthis contract. Seller expressly waives the remedies ofspecific performance and additional
damages.
(b) Seller' S Default. lfSeller is in default hereof, Buyer may elect to treat this Agreement as canceled, in which case all
payments and things ofvalue received hereunder shall be refurned and Buyer may recover such damages as may be proper, or Buyer
may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or
both.
(c) Costs and Expenses. Anything to the contrary herein nohvithstanding, in the event of any arbitration or litigation arising
out of this Agreement, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney
lees.
I 2. Termination. In the event this Agreement is terminated, all payments and things of value received hereunder shall be
retumed and the parties shall be relieved ofall obligations hereunder.
I 3. Notice to Buver. Any notice to Buyer shall be effective when received by Buyer at the following address: 0429 Edward
Access Rd, suite 4207, P.O. Box 2809 Edwards, CO 81632.
14. Notice to Seller. Any notice to Seller shall be effective when received by Seller at the following address:
15. Modification of this Agreement. No subsequent modification ofany ofthe terms of this Agreement shall be valid,
binding upon the parties, or enforceable unless made in writing and signed by the parties.
| 6. Entire Aereement. This Agreement constifutes the entire contract between the parties relating to the subject hereof, and
any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement.
17. Notice ofAcceptance: Counterparts. This proposal shall expire unless accepted in writing, by Buyer and Seller, as
evidenced by their signatures below, and the offering party receives notice of such acceptance on or before October
-,
2003
("Acceptance Deadline"). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document
may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be
deemed to be a full and complete contract between the parties.
BUYER:
By:
SELLER:
DHL Real Estate Investments, LLC, a Colorado
limited liability companyz/ F1< c1*-,-- >Date: , '7
Date:
Department of Public Worlcs
I309 Elkhorn Drive
Vail, Colorodo 81 657
(970)-479-2 t s9
September 7th,2007
Colorado Department of Transportation
222Sottth 6th Street, Room 100
Grand Junction, Colorado 81501
AIln: Zane Znamenacek, Pennit Engineer
Re: Landscaping of Vail medians on South Frontage Road
Dear Zane:
flLt
Town of vail Public works Department is requesting approval from cDor to landscape
the existing South Frontage Road at Vail Plaza Hotel. The attached Schematic Planting
Plan illustrates the type and extent of landscaping requested. Landscape materials will
include a variety of omamental deciduous and coniferous omamental trees and shrubs
with herbaceous flowering plants.
The Tovgn of vail Public works Department believes the type of landscape planting
proposed is appropriate for the median location requested. Landscape planting, including
properly selected trees and shrubs, adds considerable aesthetic value to location and
creates positive environmental effects. Properly selected trees and shrubs can have a
traffic calming effect and block glare from on-coming headlights. Trees and shrubs also
reduce summer surface temperatures, reduce ground level wind speeds, and filter
airbome pollutants.
Plant material selection criteria will include the size parameters of <25' maximum
average height and <13' maximum average spread. The goal is to allow the tree to attain
its normal size and form without excessive pruning to remain within the overall width of
the median. The Town of Vail Public Works Dept. will be responsible for all installation,
maintenance, watering, and removal and/or replacement of plant materials within the
median area. At no time will branches be allowed to extend bevond the back of curb into
the roadway.
Please review this request and respond at your earliest convenience. The town does
desire to complete the proposed planting this fall, so a timely response would be
appreciated. Town of Vail staff is available to meet with CDOT representative to discuss
the request. Please contact Todd oppenheimer, Town of vail Landscape Architect at
970-479-2161 or Tom Kassmel, Town of Vail Ensineer, at970-479-2235 if vou have anv
questions.
Sincerely,
Todd Oppenheimer, ASLA
Tor,r'n of Vail
Tom Kassmel, Vail Town Engineer
Dan Roussin, CDOT Accessfutility Engineer,{permits Coordinator
COPI
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TERRASAN
PLANNING AND LAN DSCAP E A RCH ITECTUR E
September 11,2007
Mr. Tim Losa
Principal
Zehren & Associates
PO Box 1976
Avon, CO 81620
RE: Vail Plaza Hotel Landscape Installation
Dear Tim:
I reviewed lhe landscape installation on the north side of the building along the Frontage Road. Theinstalled trees meet the sizes called out in the drawings. All the treei and ihrubs are iistalled exceptfor two.aspen trees. They are to be located between tie garage entry drive and the utility enclosuredand cabinets.
The plant locations were adjusted in the field to accommodate the installed utilities by the garage
entry' Due lo the clearance requirements for the utility enclosures we were not able tb plan't tre6s orshrubs directly in front of the transformer which is closest to the sidewalk.
Please contiact me if you have any questions regarding this matter.
Sincerely,
TERRASAN
O{rv./d. fu
George M. Pierce
President
GMP/nu
1660 GrLprN STREET DENVER, C0LORADO 80218 TEL (303) 331-1717 FAX (303) 331-1815
n"E,J:",n,5,J"'r
September 12,2007
George Ruther
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
Re: Vail Plaza Hotel
Exterior Building Review-Draft
George:
As a follow up to our review of the building exterior for compliance with approved plans,
please see the enclosed preliminary "punchlist" of non-complying items as discussed in
our meeting of August 31 , 2007 .It is my understanding that these items should be
addressed by the Contractor prior to application of a Temporary Certificate of
Occupancy. Please also reference the enclosed list from the town engineer.
In addition, I would request that we meet with representatives from the public works to
discuss compliance, bonding and/or cash-in-lieu for the following items:
l. South Frontage Road (WI-Phase III) sidewalk.a. Based on approved plans, it is my understanding that the existing (north-
south) VVI Phase III improvements including paver sidewalk, benches,
hees, etc. are to remain with Vail plaza Hotel heated sidewalk
improvements abutting the west edge of the existing walk to allow for
future re-alignment of the roadway as requested by the town. Appropriate
"stub-outs" are to be provided for future connection to snowmelt.b. Cash-in-lieu is to be provided for the remainder of the sidewalk and
snowmelt in front of Phase III for 100% of the value of those remainins
improvements as identified in the DIA.
2. Landscaping-General.
a. The Landscape Architect has reviewed tree locations and sizes and found
them in general compliance with the approved plans. Certain materials
have been moved within the general area indicated to coordinate with
underground infrastructure such as utilities, inigation, etc.b. The landscape subcontractor, however is short about l5-20 native aspens
(as opposed to farm raised which are not acceptable). The subcontractor is
currently waiting for the leaves to drop in order to relocate (dig) the trees.
n"E.ii",n,$,"ry
If the trees are not installed at the time of TCO, the material and
installation will be bonded.
3. Landscaping at South Frontage Road transformers.
a. Please see enclosed correspondence form our landscape architect.b. The energy provider requires that l0 foot front and 5 foot side clearances
be maintained around transformers. Landscape screening has been placed
as close as possible to the transformers without jeopardizing necessary
approvals from the power company,
4. South Frontage Road (Crossroads/Solaris) sidewalk.
a. Based on approved plans, it is my understanding that the proposed
improvements including concrete sidewalk, curb, gutter and drainage are
not to be installed in order to allow for future re-alignment of the roadway
as requested by the town.
b. Cash-in-lieu is to be provided for 100% ofthe value ofthose
improvements as identified in the DIA.
5. VVI-Phase V (Mountain Dog) Sidewalk.
a. A handrail was requested by town memorandum. I am unaware of one
indicated in the construction documents provided by the town.
6. VVI-Phase V (La Bottega) Sidewalk.
a, The sidewalk as conshucted with a ramp (as indicated in approved
documents is acceptable. The ramp was requested by VVI phase V
business owners to facilitate loading and detivery, please note that
alternate routes provide for Phase V building egress and accessibility.
7. Infrared Patching ofVail Road.
a. It is my understanding that YailPlazaHotel will be required to pay for 1/3
of the cost of milling and resurfacing Vail. Road. It is our assumption that
infrared patching will not be required.
8. Infrared Patching ofthe South Frontage Road,a. It is my understanding that Vail plaza Hotel will be required to infrared
patch all seams as a requirement of CDOT. As there is currently no
agreement between the town and CDOT to resurface the frontage road,
Vail Plaza Hotel will not be responsible for any additional work within the
drive lanes.
9. Landscape Median at South Frontage Road.a. It is my understanding that CDOT has denied a permit for the
(DRBiPublic Works) approved plans for landscaping in the median. It is
8"E"J"r",fl,F,#
also my understanding that town staff is pursuing a permit to complete the
landscaping based upon a revised plan.
b. Cash-in-lieu is to be provided for t00% of the remainder of the landscape
improvements as indicated in the DIA.
For those items requested to be completed by the Town of vail, I believe that the
developer should be held responsible for cash-in lieu for 100% ofthe amounts indicated
intheDlAandnotthe 125%astheseitemsarenotbeingconstructedattherequestofthe
town.
Please do not hesitate to contact me directly with any questions or concems,
Thank vou.
I
:f*
Timothy R. Losa, A.l.A.
Project Architect
Zehren and Associates, Inc.
Cc: Chuck Macdonald, Shaw Construction
Connie Dorsey, Daymer Corporation
Tom Kassmel, TOV Public Works
Enclosures
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From:
Sent:
To:
Subject:
Chuck Macdonald [ChuckM@ShawConstruction.net]
Thursday, August 30, 2007 5:51 PM
Timothy Losa
FW: Vail Plaza Hotel Meeting -PWTCO issues
NoLes from our meeting with TOV on July 3I, ZAO1
-----Original Message-----
From: Tom Kassmel lmailto : TKas sme I Gvai]_gov. comlSent: Tuesday. ,July 3I, 20A1 1:09 pM
To: Chuck Macdonal-d; Connie Dorsev; Georqe RutherCc: Chad Salli
Subject: Vaj-L Pi-aza Hotef Meeting -pW TCO rssues
Based on this mornings meeting the follo$iing are Pubfic Works TCO issues for Vail- plaza
hoteL:
1. At TCO inspecrion .re will be inspecci ng all grades and cross-slopes to verifyconformance. PLease double check your buil-t grades, especially x-s}-pes on public wa1ks.(max ZXJ 2- Loading and delivery dock and parking garage must be fully operitlonal andpart of the TCO.3. Loaqing and Delivery Dock easement and Heated streeEscape maintenance agreement shouldbe in place,
4. The walk along the fronlage rd should be installed to a point just east of the phaseIIf entrance wa.Lk in an alignment that minimizes impact to the aspens ano evergreen. (perslte walk)
The appropriate heat mains and manifold boxes should be instalfed to facilitate thecontj-nuation of the walk in the future bv the Town.f,. A bord in Lhe amount of 125? of an agreeo upon cost estinaLe Lo cornplele the remarnrnqlandscape/walk work shall be in place prior to TCO. Coordinate estj-mates with pW.6. Checks Lo Lhe Town of Vail wilI be acceptab_le for rhe following:-Pro rated remainder of heated wafk in front of phase III-Cost of concrete wafk in front of Crossroads-Cost of 10 Vail Village Light Fixtures-cost of vai:- Pfaza Hotel's share of the vaif Rd overlay, rf the overlay isuQ[tp-LeLeQ tnls ta-11 an actual amount can be obtained otherwise an est.imated cost will haveto be used.1. Concrete pan in front of Gateway driveway will have to be lnstatled starting Octoberlst' 2007. A bond can be put in place at time of rco .until it 1s complete.8. CDOT's approval of F.rontage Rd improvemenls as per I'hej-r lecter daced July 181h.9. The Town will continue to work with CDOT to gain approval for trees in the medians.
At time of TCo lnspection a more detailed list of items may be generated.
Thomas Kassmel, P. E.
Town Engineer
Town of Vail-
Publ-ic Works Department
l-309 Elkhorn Dr.vail, Co 8165 7
\910) 419-2235
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300 Kalamath Street
Denvgr, CO 8023
Ofrce 3098254740
Fa,( 303-82S,403
LerreR Or TnnnsMtrrAl
Vail Plaza Hotel
PO Box 1250
Vail, CO 81658
Project No: 1668.
Tel:. 9704774710
Fax: 970-476-1791
TnaasunrepTo:
Timothy Losa, AIA
Zehren and Associates
PO Box 1976
Avon, CO 8162O
Tel: 97O-949-0257
Fax: 970-949-1080
SuBJEcr;
DRB Punchlist ltems - Two (Z) Iefters from Chuck Macdonald.
TRANSMITTED BY:
Chuck Macdonald, Senior Project Manager
Shaw Construction LLC
Tel: 970.477.4710
Fax: 97O.476.1791
E m a il : c hu ck m@sh awco n stru ctio n, ne t'
For your review
For your review
DRB Punchlist created by George Ruther
DRB Punchlist issues
I
2
ivorE$.'
ec:
Coanie Dorsey - Vail Plaza Development,
Richard McCord - Shaw Conshuction LLC,
Lrrry Fickel - Shaw Construction LLC,
Joe DeTrolio - Shaw Construction LLC
fi?
coPr
5HfffiTlf'Illffil|frifflT
October l7,2OO7
Mr, Tim Losa
Zehren & Associates
POBox 1976
Avon, CO 81620
Referenco: DRB Punchlist ltems
Vail Plaza Hotel
Dear Tim,
We have reviewed the DRB punchlist that George Ruther create d, Z,ebren recorded and
transmittod to $haw Conshuction, We are correcting many of the items, however there are some
itels ye_take exception to and request that tlre Owner and the Town of Vail consider accepting
"as is". The items which we take exception to and comments follow:
Location Item Comment
Blde A North
Grids 2-3, 1-2,
Level 165-175
Planter wall heighq and wall
height along seirs
The arphitectural and landscape drawings
depict the walls as full height, however the
structural drawings don't, therefore we
didn't have backup for the veneer, the
appoarance oftho wod< as aonstructed is
appropriate with the sunounding
constuction and finished app€armce.
Grids 9,5
Level 190
(This is a general note for all
olevations except for the Cafd
pilasters)
Downspout entry into wall
Shaw installed the 'Temco" coupling
exterior ofthe stone veneer to allow a
means of disconnecting the downspouts
from the intemal piping for servicing in the
future. Ifthis is not acceptable, please
provide a solqtion.
BldeA South
Crrid 3.5-10,
Level 200
Horizontal cedar banding:nd
siding at inoorrect level.
The banding elevations is not per the .
elevation, the location was determined in
the field by the soffit and fascia location to
produce a consistent horizontal element.
Blde A East
Grids Ero G,
Level 175
Missing beam ends and caps on
curved roof
The present configura.fion is a finished
appearance
Grid A.?5,
Level 178
Exposed copper pipe This is a, "code required", gas regulator
vent and oan't be removed.
crid A.5,
Level 210
Eleotrical Heat tape j-box and
exposed wire location
Ths location of these boxes was a funstion
of accossibility for maintenance (and a
matter of lengthy and multiple discussions
16 Vail Road
Vail, CO 81657
Phone:97O476-O429
Fax:9704'16-1791
Page I of2
- with the frnal comment being 'uthere are
exposed wires for heat tape all over Vail")
Grid 13/c,
Level 170
Stone Pilaster height at building
wall
The height was set by the horizontal
watertable band from Stone 1 to Stone 2
Grids l, G-E Beam extensions beyond Porte-
Cochere low roof
The present configuration is a frnished
appearance
Bldg B East
Grid M,
Levels 190,
204
Boxed columns does not align
witi stone cap
The stone cap was added at the upper level
to provide a watertight means of ending the
column. The non-alignmont was a result of
the required locations of the structurat
column below (and it's subsequent wrap)
and the fascia for deck where this column
is located
Bldg B North
Grid 16,
Levels 190-
220
Downspout and Trim location The location ofthese was determined by
the structurc, (beam located where the
downspout was drawn). This is the service
side ofthe structure, repairs pot€ntially
more obtrusive than existins situation
Bldg B South
Grid 21,
Levels 190-
204
Boxed columns does not align.
Stone cap
See Bldg B East comment on same item
Grid 21.1,
Level 203
Copper pipe This is a code required gas regulator vent
and can't be removed.
Please review and confirm acceptability with the owner, then trEnsmit to ToV for approval.
la'-6ii*^onur{
/ Senior Project Managcr
Cc; Connie Dorsey, Vail Plaza Hotel
Richard McCord, Shaw Construction
Larry Fickel, Shaw Construction
Joe DeTrolio, Shaw Con struction
16 Vail Road
Vail, CO 81657
Phone:970-{-764429
Fe;r.:970476-1791
Page 2 of2
sil[Wrr'rTqqrlff,frrrn
October 17,20A7
Mr. Tim Losa
Zefuen & Associates
PO Box 1976
Avon, CO 81620
Reference: DRB punchlist Items
Vail Plaza Hotel
Dear Tim,
In our rcview of the DRB punchlist that George Ruther created, Zehren recorded and
tr?nsmitted to lhaw consrrustion, we wish to bring the foltowing to your and tbe
Owner's attention.
Location Item Comment
All Clean exterior We are going to powerwash the
exterior, however at the open balcony
decks, the staining from the water
running behind Xhe outermost board is
not a defect, ralher it's a condition of
the deqign and consfuction.
Stair 6, west Install pavers and tie-in to
existing
The landscape drawings depict this,
however t}re grade differential will
create a greater than code allowed
ramp. Please defure how we are to
proceed,
South
Frontage
Road
Infrared Patchins We, TOV, Shaw, and CDOTagreed to
a "swap" of work, the work is being
completed presenfly. Trying to get
writt€n documentation from TOV
Grid W' Bldg
B
Insall fence at retaining wall This work is completed and is
additional scope and hence cost
Bldg B, Caf6
downspouts
Exposed rain\ilater leader and
connection to pvc pipe
The piping was located for fimc1ion,
not appearance, Shaw agrees that fre
need to improve appearance, please
help with proposed solutions
Buildingd
South
Planter drainage We have flattened *re sidewalk to bi in
accordaace with the Contacr
Drawings, therefore we consider that
16 Vail Road
Vail, CO 81657 Phone: 97047G0429
Fax:970476-1791. Page I of2
we ale Complete, ploase review
Building.\
West
Stone cap at garage exhaust
and drainage
Gallegos installed vertical stonework in
addition to the specified cap, is this
acceptable? We consider that we have
cornpleted our contmctual
requirements, do you concur?
f
,ryfrilM,
al ' /rL- cRMacdonald
Please review and inforrn w ofhow we should proceed.
Senior Proj ect Ivlanager
Cc: Connie Dorsey, Vail Plaza Hotel
Richard McCord Shaw Consftuction. LaffyFickel,ShawConstruction
. Joe DeTrolio, Shaw Constnrction
16 Vail Road
Vail CO 81652
Phone:970476-04?9
Fax:970476-1791
Page 2 of 2
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From:
Sent:
To:
Subject:
Chuck Macdonald [ChuckM@Shawconstruction.net]
Thursday, August 30, 2007 5:51 PM
Timothy Losa
FW: Vail Plaza Hotel Meeting -PWTCO issues
Notes from our meeting with TOV on July 3!, ZOO.1
-----Or.igi nal Mes sage --- - -From: Tom Kassmel Ina il_to : TKassmel Evai lgov. comlSent: Tuesday, July 3T, 20Aj 1:09 pM
To: Chuck Macdonald; Connie Dorseyi George RutherCc: Chad Sa1liSubject: Vail Pfaza Hotel- Meeting -pW TCO issues
Fased on this mornings meeting the foflowing are Public Works TCo issues for Vail plazahotel :
1. At rco inspeclion.we wi-tf be .inspecting a-l-r grades and cross-sfopes to verifyconformance. Please double check your built grades, especially x-slopes on public wal-ks,(max 2g) 2. Loading and delivery dock and pait itrg g".ug" must be fully operltional andpart of the TCO.3' Loading and Delivery Dock easement and Heated streetscape maintenance agreement shoufdbe in place.
1' The wafk along the frontage rd shoufd be installed to a point just east of the phaseIII entrance wal-k in an alignment that minimizes impact to tire aspens and eve.rgreen. (per
s i te wal- k )
The appropriate heat malns and manifold boxes shoufd be installed to faciLitate rneconti-nuation of the walk in the future bV the Town,5' A bond in the amount_of 125t of an agreed upon cost estimate to compl-ete the remarnrnglandscape/walk work shalf be in place prior to tco. coordinate estlmates with pw.6. Checks Lo the Town of ValI wil_- be acceprable for the fol lowing:-Pro rated remainder of heated walk in front of phase III-Cost of concrete wafk in front of Crossroad.s-Cost of 10 Vail ViLlage Light Fixtures
Overlay. If the overlay is
otherwise an estimated cost will_ have
-Cost of Vail- plaza Hotel's Share of the Vail Rdcompleted this Faff an actual amount can be obtainedto be used.1' Concrete pan in front of Gateway driveway will have i-o be instar-Ied starting october1st' 2007. A bond can be put in pl-ce at time of rco until it is compr.ete.8' CDOT's approval of Frontage Rd improvements as per their fetter dated July 18th.9' The Town wilL continue to work with coot to gain approval for trees in the medians.
At time of rco inspection a more detaired rist of items may be generated.
Thomas Kassmel, p. E.
Town Enginee r
Town of Vai.l
Publ- ic Works Department
1309 Elkhorn Dr.Vai-], CO 81557
l91A) A7 9-2235
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Seeign Renleru hard
ACTIOil FORl,l
Oepartmsnt of Cpmmunity Bevelopment
75 South F ontage Road, Vail, Colorado 81657
tel:970./*79-213C fax:9T$.479.2452
web: rvww.yailgov.csm
Project Name: VAIL P|-AZA HOTEL CHANGE
Proiect Description:
Participantsl
OWNER DAYMERCORP NV
1OO E MEADOW DR
DRB Number: DRB070685
Location: VAIL PLAZA HOTEL
RNAL APPROVAL FOR A CHANGE TO THE APPROVED PLANS FOR EXTERIOR MODIRCATIONS
TO APPROVED PLANS
LL12712007
VAIL
co 81657
APPUCANT ZEHREN &ASSOCIATES, INC. LtlZilZOl7 phone: 970-949-0257
TIM LOSA
P.O, BOX 1976
AVON
co 81620
License: C000001626
ARCHffiCT ZEHREN &ASSOCIATES, INC. LtlZ7lZ007 phone: 970-949-0257
P.O. BOX 1976
AVON
co 81620
Licensei C000001626
1OO E MEADOW DR VAILPrcject Address:
Legal Description:
Parcel Number:
Comments:
LOT M-O BIOCK 5D SUbdiViSiON: VILLAGE INN PLAZA
2101-082-0300-3
See Conditions
Motion By:
Second By:
Vote:
C,onditions:
BOARD/STAFF ACTION
Actaon: STAFFAPP
Date of Apprcval: t2lL9l2007
Cond: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
C.ond: 0
(P|-AN): DRB approval does not constitute a permit for building. please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval,
pursuant to the Vail Town Code, Chapter 12-3-31 APPEALS.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: 113
AII developrnent applications submitted to the Town after the effective date of
Ordinance 25, Series 2006 shall be subject to the pending ernployee housing
regulations in whatever form they are finally adopted; provided, however, that if
the Town fails to adopt the pending employee housing regulations by April IS, 2007,
this Ordinance shall not apply to such development applications.
Planner: Warren Campbell DRB Fee paid! g2O.OO
a Changes To The Approved Plans
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
te| 970.479.2t28 f ax| 97 0.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refur to the submittal requirements for the partio.rlar approval that is requested. An application for Design Review
cannot be accepted until all required informauon is received by the Community Development Depatment. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review appronal lapses unless a building p€rmit is issued and construction commences within
one year of the approval,
Description of the Request:
Locationof thePropcat: Loe 0 Block 5D subdivision: Va\t Vr\\q.aa f(\[rE I
Physical Address:
parcel No.: Zlo\ - op2-S403 - 6 (contactEagleco. AssessoratgT0-32g-g640 for parcel no.)
Zoning:.5po *b
Name(s) of Owner(s):
Mailing Addressl i i:'r -.
Owner(s) Signature(s):
Name of Applicant:qt50
IA(J
-l
llb-
\)
1?Jo
ocot\
L22-
Mailing Address: ?D vq^ (O b
Phone: q.4n o'?-t']
Fax: 71o 1.*\ to BO
$20 For rer/isions to plans already approved by Planning Staff or the
Design Revielr, Board,
E-mail Address:
Type of Review and Fee:
$ ChangestoApproved Plans
Submittal Req uirements:
3 Sets of Plans Addressing Project Changes
Signature of Homeowne(s) or Association
Flcdev\FORMS\Permib\Planning\DRBUb_change_to_approvedldans_1jage_O5-11-2006.doc
silfifll
November 20,2007
Mr. Tim Losa
Zehren & Associates
PO Box 1976
Avon, CO 81620
Reference: DRB Variance Application for TCO
Dear Tim,
Attached are VPH Exterior Elevations marked up to depict the items in my October 17,
2007 letter which are different than the approved DRB drawings. We produced these in
response to your email of Monday November 19, 2007 stating Shaw needed to do this so
prior to yorn application for variance to George Ruther. We are ovemighting as time is
of the essence to obtain a TCO.
Sincerely, /%M
CR Macdonald /
Senior Project Manager
Cc: Connie Dorsey, Vail Plaza Hotel
Larry Fickel, Shaw Construction
Attachments: Exterior Elevations
Shaw October 17.2007 lelter
| 6 Vail Road
Vail, CO 81657
Phone: 970-476-0429
Fax: 970-476-1791
rY-1j
lLtii,r [ & A!S0i]tATis
Page 1 of I
5H[W
October 17,2007
Mr. Tim Losa
Zelren & Associates
POBox 1976
,{von, CO 81620
Reference : DRB Punchlist Items
Vail Plaza Hotel
Dear Tim,
We have reviewed the DRB punchlist that George Ruther created, Zehren recorded and
transmitted to Shaw Construction. We are correcting many of the items, however there ar€ some
items we take exception to and request that the Owner and the Town of Vail consider accepting
o'as is". The items which we take exception to and comments follows:
Location Item Comment
Blde A North
Grids 2-3, 1-2,
Level 165-175
Planter wall height. and wall
height along stairs
The architectural and landscape drawings
depict the walls as full heighq however the
structural drawings don'l therefore we
didn't have backup for the veneer, the
appeaftrnce of the work as constructed is
appropriate with the surrounding
construction and fi nished appearing.
Grids 9,5
Level 190
(This is a general note for all
elevations except for the Caf6
pilasters)
Downspout entry into wall
Shaw installed the "fernco" coupling
exterior of the stone veneer to allow a
means of disconnecting the downspouts
from the internal piping for servicing in the
future. If this is not acceptable, please
provide a solution.
Blde A South
Grid 3.5-10,
Level 200
Horizontal cedar banding and
sidine at incorrect level.
The banding elevations is not per the
elevafion, the location was determined in
the field by the soffit and fascia location to
produce a consistent horizontal element.
Blde A East
Grids E to G,
Level 175
Missing beam ends and caps on
curved roof
The present configuration is a finished
apDearance
Grid A.75,
Level 178
Exposed copper pipe This is a code required gas regulator vent
and can't be removed.
Grid A.5,
Level 210
Electrical Heat tape j-box and
exposed wire location
The location of these boxes was a function
of accessibility for maintenance (and a
matter of lengthy and multiple discussions
16 Vail Road
Vail, CO 81657
Phone:970476-O429
Fax:970-476-1791
Page I of 2
- with the final comment being "there are
exposed wires for heat tape all over Vail")
Grid 13/G,
Level 170
Stone Pilaster height at building
wall
The height was set by the horizontal
watertable band from Stone 1 to Stone 2
Grids 1, G-E Beam extensions beyond porte-
cochere low roof
The present configuration is a finished
appearance
Blds B East
GridM,
Levels 190,
204
Boxed columns does not align,
stone cap
The stone cap was added at the upper level
to provide a watertight means of ending the
handrail column. The non-alignment was a
result of the required locations ofthe
structural column below (and it's
subsequent wrap) and the guard rail
support column at the upper level (and how
the guard rail attached with subsequent
wrap)
Blds B North
Grid 16,
Levels 190-
220
Downspout and Trim Location The location of these was determined by
the structure. (beam located where the
downspout was drawn). This is the service
side of the structure, repairs potentially
more obkusive than existing situation
Blde B South
Grid 21,
Levels 190-
204
Boxed columns does not alisr.
Stone cap
See Blde B East comment on same item
Grid 21.1,
Level 203
Copper pipe This is a code required gas regulator vent
and can't be removed.
Please review and confirm acceptability with the Owner, then transmit to TOV for approval.
Regards,
CRMacdonald
Senior Project Manager
Cc: Connie Dorsey, Vail Plaza Hotel
Richard McCord, Shaw Construction
Larry Fickel, Shaw Construction
Joe DeTrolio, Shaw Constuction
16 Vail Road
Vail, CO 81657
Phone:970476-0429
Fax:.970476-1791
Page2 of2
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From:
To:
Date:
Subject:
Tom Kassmel
Chuck Macdonald; Connie Dorsey; George Ruther
0713112007 1:09 PM
Vail Plaza Hotel Meeting -PW TCO issues
Ft[t c0PY
CC: Chad Salli
Based on this mornings meeting the following are
Public Works TCO issues for Vail plaza hotel:
1. At TCO inspection we will be inspecting all grades and cross-slopes to verify conformance. please double check your
built grades, especially x-slopes on public walks. (max 2olo)2. Loading and delivery dock and parking garage must be fully operational and part of the Tco.3' Loading and Delivery Dock easement and Heated streetscape maintenance agreement should be in place.
4. The walk along the frontage rd should be installed to a point just east of the phase III entrance wali< in an alignment
that minimizes impact to the aspens and evergreen. lper site waik)
The appropriate heat mains and manifold boxes should be installed to facilitate the continuation of the walk in the
future by the Town.
5. A bond in the amount of 125% of an agreed upon cost estimate to complete the remaining landscap€/walk work shall
be in place prior to TCO. Coordinate estimates with pW.
6. Checks to the Town of Vail wilt be acceptable for the following:
-Pro rated remainder of heated walk in front of phase III
-Cost of concrete walk in front of Crossroads
-Cost of 10 Vail Village Light Fixtures
-Cost of Vail Plaza Hotel's Share of the Vail Rd Overlay. If the overlay is completed this Fall an actual amount can be
obtained otherwise an estimated cost will have to be used.
7. Concrete pan in front of Gateway driveway will have to be installed starting October 1st, 2007. A bond can be put inplace at time of TCO until it is comDlete.
8. CDOTS approval of Frontage Rd improvements as per their letter dated July 18th.9. The Town will continue to work with cDor to gain approval for trees in the medians.
At time of TCO inspection a more detailed list of items may be generated.
Thomas Kassmel, P.E.
Town Engineer
Town of Vail
Public Works Depaftment
1309 Elkhorn Dr.
Vail, CO 81657
(970) 479-223s
rLT ffiPY
Frederick G. Aldrich LLC
Attorney at Law
60t A 28% Aoa.t
Grcnd luncdon, Colondo 61506
970.245.7950
970.24s.0664 Ubx)
E66.355.7950 (to f.e)
Jd !,1 rtch@h l& 1 & J o *. co n
Ju,lv 25.2007
Via e-mail & certified mail, return
receipt requested
James S. Bailey
Bailey & Peterson P.C.
1660 Lincoln Street, Suite 3175
Denver, Colorado 80264
Re: Notice of Default dated Julv 12.2007
Dear Mr. Bailey:
Thank you for your letter ofJuly 23,200? responding to the above referenced Notice of
Default. As you know, I also received a letter that same day from Connie Dorsey. Please accept this
letter as the reply of the Associations to both letters.
We understand from your and Mr. Dorsey's letters that neither you nor Mr. Dorsey dispute
Daymer's obligation to restore the west access to the Phase III parking garage under paragraph 3 of
the Agreement. Rather, the issues appear to be timing and the status of discussions between Mr,
Prado and Jonathan Staufer. Ifwe are misunderstanding your letters, then please advise us as soon
as possible.
Mr. Dorsey states that the door providing access to the west entrance of the garage cannot
be insraiied untii the Town of Vaii clears the ioading dock for public use. Although we understand
that the public cannot use the loading for access until the Town of Vail gives clearance, we do not
believe installation ofthe garage door must wait until planning clearance is given. We do knowthat
the Agreement allows for closure of the west access temporarily and was only to be so long as is
necessary. The necessity for closure will no longer exist when the Town of Vail gives its clearance
for use of the loading dock. We understand this will occur at the time the Vail Plaza Hotel receives
a certificate of occupancy sometime this fall. Hence, the Associations' view of Dayner's obligation
under the Agreement is that the west access to the Phase III garage must be restored and fully
functional when clearance is given.
James S. Bailey
July 25, 2007
Page2
Daymer's obligation to restore the west access also includes developing reasonable and
necessarT plans, designs and engineering review and scheduling the work in coordination with the
Associations. Common sense tells us that Daymer needs to plan in advance for these events so as
to have the west access ready for use when clearance is given. This is plainly evident from Shaw
Construction's letter of December 29, 20A6. The Associations are ready, willing and able to
cooperate with Daymer and its contractor for the restoration of the west access to the garage.
However, we will not indemnifu Daymer, Shaw or Zeluan or ag.ree to be a party to an engagement
letter with an engineer selected by Daymer. Daymer and its contractor, which we assume will be
Shaw, are given permission to access the Phase III garage premises for this pulpose, provided such
access is coordinated in advance with Joe Staufer. Please advise us as to how and when you intend
to proceed with the restoration of the west access.
You and Mr. Dorscy each reference discussions betweeq Jonathan Staufer and Waldir Prado.
The Associations are aware that Mr. Prado approached Jonathan Staufer in late February or early
March 2007, stating that he did not wish to restore the west access and was willing to compensate
the Associations for the loss of this access. Jonathan agreed to convey (and, in fact, did convey) this
message to the Village Inn Plaza Phase III Association Board, which is responsible for the
management of the Phase III common elements. The Board rejected the proposal and authorized
Jonathan to advise Mr. Prado ofthe rejection. Jonathan did meet with Mr. Prado several weeks after
Mr. Prado first approached Jonathan and informed him ofthe Board's decision. There have been
no subsequent discussions between Mr. Prado and Jonathan Staufer about the west access. Mr.
Prado and Jonathan Staufer are not now and never have been in discussions regarding the timing and
responsibilities for the installation ofthe west access.
Since providing you with the Notice of Default, we have discovered that the overhead door
now installed in the Vail Plaza Hotel east wall is five (5) feet north of the existing knockout panel
on the Phase III wall. An overhead door installed in the Phase III knockout panel will not align with
the existing door on the Vail Plaza Hotel. This means that one of the doors needs to moved for
alignment to occur. To move the Phase III door north of the knockout panel requires tlre removal
of a portion of a structuraVload-bearing wall. At this time we do not know if it is feasible to remove
any portion of the bearing wall. Since Daymer is responsible for this error, Daymer bears the
respcnsibility to e.zaluate and propose a solution to the misalignment as part of its responsibility to
restore the west access to the Phase III parking garage. Please advise as to how you plan to remedy
this situation.
To reiterate, the Associations are proceeding with the understanding that Daymer
acknowledges its responsibility to restore the west access to the garage and will take reasonable and
necessary steps to do so by the time the Town of Vail gives clearance for the use of the loading dock.
James S. Bailey
Iuly 25,2007
Page 3
If the Associations are not correct in their understanding of Daymer's position, then please advise
us as soon as possible.
Very truly yours,
FREDEzuCK G. ALDRICH LLC
/Y-,-'a (
Frederick G. Aldrich
FGA:kad
cc: Dayrner Corporation, N.V,
Vail Plaza Development, LLC
Vail Plaza Mezzantne LLC
Attention: Connie Dorsey
l6 Vail Road
Vail, Colorado 81657
(via e-mail &certifred mail, retum receipt requested)
Josef Staufer (via e-mail)
Deane Hall (via e-mail)
Emie Scheller (via e-mail)
George Ruther (via U.S. mail)
f|[t g0PlFrederick
G. Ardrich LLC
Attorney at Law
60lA2E!4Rood
Grcnd Junec;on, htuado 815O6
970 245.7950
970.21s.066a (ax)
E66.Jss.79s0 (to .lhe)
li t,t r nh @12 kt i ch J w. c o n
July 12,2007
Certified mail, return receipt r€quested
James S. Bailey
Bailey & Peterson P.C.
1660 Lincoln Street. Suite 3175
Denver, Colorado 80264
Re: Agreement between Da)ryner Corporation and Village Inn Plaza Association for
Phases I,II, il and V - NOTICE OF DEFAULT
Dear Mr. Bailey:
NOTICE OF DEFAULT
You are advised that the Village Inn Plaza Association for Phase III (Association) does
hereby give NOTICE OF DEFAULT to Daymer Corporation and Vail Plaza Development' LLC
pu.ru*t to p*agraph 8. A. of the above referenced Agleement. This notice is sent to you as counsel
for Dalmer Corporation and Vail Plaza Development, LLC, and is being copied to Mr. Connie
Dorsey at his direction. Since Vail Plaza Development, LLC is understood to be the successor to
Daymer Corporation as to the ownership of the properfy presently being developed as Vail Plaza
Hotel, Vail Plaza Development, LLC is also being copied on this notice. Hereafter, Daymer
Corporation and Vail Plaza Development, LLC will be collectively referred to as "Daymer."
ACTS OF DEFAULT
A reasonable description ofthe acts ofdefault is as follows:
Daymer is or was the owner of property situate in the Town of Vail, Special Development
District No. 6 (SDD 6), described in that certain Special Wananty Deed recorded November 12,
lgg6inBookTll atPage25goftheEagleCountyrecords,commonlyknownasVillagelnnPlaza
phase IV. Da1'rner obtained a major amendment to SDD 6 allowing for the demolition of the
existing Vail Village lnn and the construction of Vail Plaza Hotel within Phase IV. The property
described in the aforementioned Special Warranty Deed that is the subject of the major amendment
James S. Bailey
IuIy 12,2007
Page2
to SDD 6 where the Vail Plaza Hotel is now being constructed will be referred to herein as the
"Daymer Property."
The Daymer Property is subjectto an easement in favor of the owners of condominium units
in the adjoiningVillageinnPlazaCondominiums, Phase III (Phase III) as shown ontherecordedplat
for the Phase IV Co.rdo.niniums. This easement provides a west access to the Phase III underground
parking garage that has been in use since 1982 when Phase III was built. The path ofthe access is
from the I-70 Frontage Road, then across the Dayner Property and through an existing overhead
door located on the west wall ofthe Phase III parking garage.
In connection with the redevelopment of the Daymer Property and the consffuction of the
Vail Plaza Hotel, Daymer approached the Associations for Phases I, II, ilI and V (Associations),
seeking an agreement for lateral shoring. After a period of negotiations, Da)'mer and the
Associtions signed in counterparts the Agreement referenced above. The Agreement goes beyond
lateral shoring and addresses a number of issues of concem to the Associations. One ofthe issues
is the proposal to temporarily close the Phase III west access, The Agreement addresses this issue
in paragraph 3. Daymer was permitted to 'temporarily fence offaccess to the west parking garage
auring construction of the Project, but only so long as is necessary." Daymer was also obligated to
provide funds to upgrade the east access for year round use.
ln the cowse of construction of Vail Plaza Hotel, Da1'rner installed an overhead door on the
east wall ofthe hotel at the same elevation ofthe entrance to the Phase III parking garage, but to the
north of the existing overhead door on the Phase III parking garage west wall' Daymer's selection
for the location of its overhead door mandated that the existing door on the Phase III side be moved
to the north in order to be able to drive through the Daymer overhead door into the Phase III parking
garage. The new location for the Phase III overhead door is under an area that is landscaped and
too* to leak from snow melt, rain and grass watering. Daymer's contractor, Shaw Construction'
LLC (Shaw) included a connection to the Phase III garage as part of its bid for the Vail Plaza Hotel,
but did not include any amount for a second door on the Phase III properfy now required by the
change in location of the access point. It is apparent that the northward shift of the Phase III access
occuned during construction and was not submitted to the Associations for approval.
On December 29,2006, Shaw sent a letter to Daymer regarding t}re new entry to the Phase
III garage suggesting a discussion with the Phase III Association regarding the means of construction
*d "g."rt so as to avoid misunderstandings. The letter also contained a description of the work for
restoring the west access to the Phase III garage. The proposal essentially provided for the removal
of an existing "block out" on the west wall of the new Phase III parking garage and the installation
of a new overhead door to work in tandem with the overhead door on the Vail Plaza Hotel. Shaw
also noted the intrusion of water into the Phase III garage at the new garage door location. Shaw
made it clear that it and the project architect (Zehren) expected to "be held harmless and indemnified
for the Phase III use of egress through Vail Plaza and for the work we perform on their property."
James S. Bailey
Iuly 12,2007
Page 3
Through a series of e-mails with Connie Dorsey flom February through March 2007, the
Associations informed Daymer that they were unwilling to sign an indemnity to Shaw in connection
with the restoration of the west access. The Agreement placed the responsibility on Daymer to
restore the west access, and the Associations never agreed to an indemnity in connection therewith.
At Daymer's suggestion, Daymer contacted an engineer to design the restoration. The Associations
made it clear to Daymer that any engineer they contacted would have to be paid by them. The
engineer's proposal, however, included the Associations as a contracting party and also contained
limitations on the engineer's liability. The Associations advised Daymer that they would not be a
party to the engineering contract or waive the engineer's liability.
The Associations retained Mr. Greg Fischer of Shannon & Wilson, Inc. as their consulting
engineer. Mr. Fischer made an onsite inspection ofthe proposed Phase III west access connection
and initiated contact with Dayrner's representative, Connie Dorsey, about Daymer's plans for the
west access restoration. On May 3,2007, after contacting Mr. Dorsey, Mr. Fischer reported to the
Associations that Mr. Dorsey informed him that, since the Associations had refused to release its
engineer for any engineering done for the west access connection, the Associations were now
responsible to make the connection.
Mr. Dorsey's statement to Mr. Fisher prompted the certified letter to you daledMay 29,2A07 ,
stating the Associations' position conceming Daymer's obligation to restore the west access and
requesting that Daymer state its intentions to restore the west access without the conditions it
previously sought to impose. The letter further states that if there was no response to the letter in
twenty (20) days, then the Associations would conclude that Daymer's response was negative.
Neither you nor any other representative of Daymer or Vail Plaza Development, LLC responded to
the letter, except to the extent that Mr. Dorsey denied making the statements to Mr. Fisher that Mr.
Fisher reported to the Associations.
As of the date of this letter, Daymer has not commenced any work to restore the west access
to the Phase III parking garage and, because of its failure to respond to the Associations' May 29,
2007 letter. the Associations can draw no other conclusion than that Da)ryner has repudiated, denied
or rejected its obligations to restore the Phase III west access as provided in the Agreement.
Accordingly, Daymer is in default pursuant to the Agreement'
l.
CURE AND ENFORCEMENT
Pursuant to paragraph 8 of the Agreement, Daymer is advised as follows:
Daymer is in default and breach of paragraph 3 of the Agreement because of its failwe,
refusal and/or repudiation of its obligation to restore the west access to the Phase III parking
garcge;
Daymer has a period of ten (10) days in which cure or corlmence curing the default
identified in this letter;
2.
James S. Bailey
July 12,2007
Page 4
3. If Daymer fails to cure or commence curing the default as described in this letter within ten
(10) days ofthis letter, then any one or all oithe Associations or the third parfy beneficiaries
of the Agreement reserve all ights and remedies provided in the Agreement including' but
without being limited to, the following:
a. The exercise ofselfhetp to cure the default;
b.Therecoveryofanyexpensespaidorincurredtocurethedefault;
c.TheenforcementoftheAgreementbyanyremedyat]aworinequity;and,
d. The recovery of attomey's fees and litigation expenses as provided in the Agreement
or allowed bY law.
This letter is intended to constitute a Notice of Default with respect to the matters described
herein. This letter is not intended, nor should itbe construed, to be or constitute awaiver, release
or relinquishment of any other right or remedy the Associatigns mal have pursuant to the
Agreement, or a waiver, ielease or relinquishmeni of any other defaults of Daymer pursuant to the
Agreement, whether referenced herein or not.
Very truly yours,
FREDERICK G. ALDzuCH
T o(>- -/ ,
Frederick G. Aldrich
FGA:kad
cc: Daymer CorPoration, N.V.
Attention: Connie DorseY
15 Vail Road
Vail. Colorado 81657
(certified mail, return receipt requested)
Vail Plaza DeveloPment, LLC
7o Connie Dorsey
16 Vail Road
Vail, Colorado 81657
(certified mail, return receipt requested)
James S. Bailey
July 12,2007
Page 5
Vail PlazaMezzuineLLC
7o Connie Dorsey
l6 Vail Road
Vail, Colorado 81657
(certified mail, retum receipt requested)
Village Inn Condominium Association
George Ruther
\/uLV,ilq-fi,ry t
bl b 5D I V"',Pl/tu1. tn,
Department of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
August 26, 2005
Mr. Randall Martinez
Vail Plaza Club
100 East Meadow Drive, lB
Vail, CO 81657
(Fax) 970.476.4661
Re: Vail Plaza Club application for two new signs
Block 5D, Village Inn PlazalPhase lll
DR8050295
Dear Mr. MartinEz,
I am wr.iting b confirm our convErsalion from several weeks ago regarding the.existing lighting qnd exposed
conduit wh'ich removal *aJOiicsseO it fie time of approval dt tne referenceO application. W-e-had originally
"Si"*d
thitlh" original OaiJ* inipection by rhe Hanhing Department w-ould be August 22' ?909:. However'
0"" to Vo"i u"vet ictr"Oufe, fnat Oite r*s a'mend$ to September 15, 2005. Please ensure that the lighting
anO exioseo condutt
"oo*i
it. jlg|i sign anO thE fuure aurning sign are removed by then. I will rcvisitthe stte
atthat time to ansu? that such action hastaken place-
Shoutd you choose to er€ct a new type of lighting in this location to beter display the si91.399: an appllcation
must be submittod to the Corrrniij DevelipmJnt Depadment that details the proposed llghting' including the
;M;, *"CS;, ano focation. irre apprl""tio"'yo, will n'eed to submii is entitled a'Changes.to Approrred Plans
Appti."fidq btatt witt simply view ilie new aiplication as supplemental to the application that was jusl
apiroved, making the rwlew time rolatively short and painless-
In sum, lwill visit the locatlon on Seplember 15t io ensure that Statrs soncerns have been addressed. Please
don't hesitate to contact me with any remaining qusstlons or conoerlls, I wish pu all the best in your new
location. Thank yOu for llgur patience in wfiat is not al$,eys a simple design feview process'
enclosure: Design Revioiv Board Actlon Form
{S *"tntuor r*
,--ffi
Design Review Board
ACTION FORM
Deparbnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web: www.ci.vail.co.us
Prcject Name: Vail Plaza Club Signs DRB Number: DR8050295
Prcject Description:
New business sign ofsandblasted wood to be placed on vertical suface near secondary
entrance; neur business awning sign to be placed flush with balcony using blue lettering on
yellow canvas
Pafticipants:
owNER VAIL UL|-AGE rNN INC 0612412005
1OO E MEADOW DR #33
VAIL
co 816s7
APPUCANT VAIL PrATA DEVELOPMENT, LLC0612412005 phone: 970-477-tt16
CONNIE H. DORSEY
12 VAIL RD, STE 200
VAIL
co 81657
ProjectAddress: 68 E MEADOW DRVAIL Location:
100 EAST MEADOW DR., UNIT #3, LEGAL VILL
Legal Descraption: Loh Block 5D Subdivision: VILLAGE INN PLAZA
Parcel Number: 2101-082-5403-0
Comments: seeconditions
BOARD/STAFF ACTION
Motion By: Hanlon Action: APPROVED
Second By: Dunning
Vote: 5-0-0 DateofApprovaE lTlZOl2OAs
Conditions:
C.ond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Elisabeth Eckel DRB Fee Paid; 956.00
From:
To:
Date:
Subject:
Elisabeth Eckel
Randall Martinez
['J:3'',:'.'"'":fi;ff]i1il"- bf fu6r ll€rutl mlg ry/ ezq ,5>; tuazs'
///H fr*?t
Hello again:
September 15th would be fine. Regarding creativity, the Tivoli used some very attractive posts and I think
the design of their supporting structure (the only place where "creativity" really is an opiion) is quite nice.
Let me know if that doesn't answer your question.
Thanks,
Elisabeth
Would Sept 15 be acceptable? ljust don't want to cut it too iight.
How do you mean creativity? The design standards are set. Please
explain. ls there an example you could reference?
Thanks,
Randall Martinez
Princioal Partner
Tandem Group LLC
High Performance Presales Specialists
On Jul 28, 2005, at 10:20 AM, Elisabeth Eckel wrote:
> Good morning, Randy:
> How much time do you reasonably need following your return to ensure
> that the work is complete? My initial thought was to amend that
> deadline to September 1st. Would that work with your travel plans?
> Also, the maximum sign size is 42" x 53". You may construct your own
> stand as long as it has no more than two sides and uses high
> quality 4 x
> 4 wooden posts. Some creativity would definitely be encouraged by
> Staff, !f that is what you are interested in.
> | look forward to hearing from you. Hopefully your travel plans are
> taking you to some wonderful place.
> Regards,
> Elisabeth
Co.lt{u}i|rr t}:\,ELOF$E!*r
V^- ttrlla4.6t I
lol-0, dt oo
Design Review Board
ACTIOI\I FORM
Depa rtment of Community Development
75 South Frontage Road" Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name:
Proj€ct Description:
VAIL PI.AZA HOTEL CHANGE DRB Number: DR8050273
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PLANS TO ADD 13 SKYUGHTS TO THE
NORTHEAST CORNER DWELLING UNIT
06130/2006
APPUCANT ZEHREN &ASSOCIATES, INC. 06/30/2006 Phone: 970-949-0257
P.O. BOX 1976
AVON
co 81620
License: C000001626
ProjectAddress: 100 E MEADOW DRVAIL
VAIL PLAZA HOTEL BLDG'B'
Location:
Legal Description: Lot: M-O Block 5D Subdivisionl VILLAGE INN P|-AZA
Parcel Number: 2101-082-0300-3
Comments:
Participants:
OWNER DAYMER CORP NV
lOO E MEADOW DR
VAIL
co 81657
Motion By:
Second Byl
Vote:
Conditions:
BOARD/STAFF ACTION
Actionr SIAFFAPR
Date of Approval: O711712006
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Application for Design Review
Depaftment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring design review must receive approval prior to submitting a building pennit application. Please
refer to the submittal requirements for the particular approval that is reguested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description ofthe Request: To add skvliohts to the northeastcorner unit.
Location of the Proposal: Lot: O Block: 5D Subdivision: Vail Villaqe Filino 1
Physical Address: 68 East Meadow Drive. Vail
210108203004 (Contact Eagle Co. Assessor at 970-
Zoning: Vail Village Inn SDD
Name(s) of Owner(s): Daymer Corooration, Connie Dorsey
Mailing Address: 16 Vail Road. Vail. CO 81645
Owner(s) Signature(s) :
Name of Applicant: Timothv Losa, Zehren and fusociates, Inc.
Mailing Address: PO Box 1976. Avon, CO 81620 phone: g7O-g4g-OZS7
E-mail Address : tlosa@zeh ren.com Fax : 970-949- l0g0
Type of Review and Fee:
(/
7\)d
o
HS
o
N
\,
w
tr Signs
O Conceptual Review
fl New ConstructionD Addition
E Minor Alteration
(m ulti -fa mi lylcom mercial)
I Minor Alteration
(single-family/duplex)
X Changes to Approved Plans $20
! Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For revisions to plans already approved by Planning Staff or
the Design Review Board.
No Fee
r\
lnl
l"{taal
tlii
7_1
|,- /;.,
l= \,
JUN
Wi,j CF \ri\!i
Elv=,nl
302006 a
For offtce_QgilOnly; ,lL
Fee Paid: 4.p Check No.: -'t By:- - {,'il
Application Date:_ Ong No.l_-T:
Page 1of UO6l2BlO6
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Departnent of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FztX 970-479-2452
www.vailgov.com
October 5, 2005
Mr. Randall Martinez
Vail Plaza Club
100 East Meadow Drive. #3
Vail, CO 81657
(Fax) 970.476.4661
Re: Vail Plaza Club apptication for two new signs
Block 5D, Village Inn PlazalPhase lll
DRB05029s
\",
i 1t\re
Dear Mr. Martinez,
Thank you for recently removing the non+onforming lighting that existed above the sign that was approved by
the Design Review Board in August. This letter shall serve as confirmation that such condition of approval was
fulfilled. Thank you for your continued cooperation and attempts to maintain a high aesthetic standard within
the Town of Vail.
to contact me with any remaining questions or concerns.
970.479.2454
€ip *r.r.r"o r^rr^
/rtrrl - o
Project Name:
Project Description:
Participants:
OWNER
Project Address:
Legal Description:
Parcel Number:
Comments:
VAIL
co 815s7
License:
APPLICANT DAYMER CORP NV
1OO E MEADOW DR
VAIL
co 81657
License:
lOO E MEADOW DR VAIL
12128/2004 Phone:
Lot: M-O Block 5D Subdivision: VILLAGE INN PLAZA
210108203003
Vane t/;tt"q'f t,'7 I
Design Review Board Vi lQe l"^Pfi'2u'
ACTION FORM
Deparfnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: wwwci.vail,co.us
VAIL PLAZA CLUB SIGN DRB Number: DR8040629
Temporary Site Development Sign - per standard specifications
DAYMER CORP NV
1OO E MEADOW DR
L212812004 Phone:
Location: 12 VAIL RD, STE 200
Motion By!
Second Byl
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approvalt L2l2Bl2O04
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Elisabeth Eckel DRB Fee Paid: $63.50Planner:
TOI,I,NM
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for the particular approval that is requested. An application ior Design Review
cannot be accepted until all required information is received by the Community Development Department. The
pro.iect may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a bullding permit is issued and construction commences within
one ycar of the approval.
of the Request:0.^
Appfication for Design Rev.iew ., .. ,,,,.;;;i,. 1 ,...,t' .. i.. . i:.:. '.:
Department of Community Development
75 South Frontage Road, Vail, Colorado .81657 r:. , .,tel: 970.479.2139 fax: 970.479.2452 : '
web: www.vailgov.com
i: it:al!i:..1...i..:.!,i:;ii;!'
l.
parcetXo.llo/OAAA?@3----- (ContactEagteCo.AssessoratgT0-3Ze-B640forparcet no.)
Zon ing:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E.mail Address:rax: 749. +4^. ttJ_/- / _.4/2r-\
Type of Review and Fee:l/$n"
. Conceptual Review
. New Ccnstruction. Addition
. Minor Alteration
(multi-family/commerciat)
. Minor Alteration
(single-family/duptex)
. Changes to Approved Plans
. Separation Request
Gz'u
$SO Plus $'1 .00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).$250 For minor changes to buildings and site improvements, sucn as,
rerooflng, painting, window additions, landscaping, fences and
retaining walls, elc.
$20 For minor changes to buildings and site improvements, such as,
rerooflng, painting, window addjtions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by planning Staff or the
Design Review Board.
No Fee
RE0D DEC 23 2004
Design Review Ssard
ACTIOI{ FORI-I
Oegartment of CommunltY DeYelopme$t
75 Sauth Frontage load, va{|, Colorada S1657
tell,s7g.479.2l3g faxl 970.479.245?
webl www'vailgov-cor*
PToJect NAme: VAIL PLAZA HOTEL AND CLUB SIGNS
Project Description:
PTAZA SIGNS: 3 TOTAL 2 JOTNT DIRECTORY, 1 BUSINESS ID
Participants:
OWNER DAYMER CORP NV
1OO E MEADOW DR
VAIL
co 81657
0411412008
APPIICANTCONNIEDORSEY 041L4/zO08Phone:970-477-8010
ProjectAddress: 100 E MEADOW DRVAIL Location:
Legal Descriptionr Lots M4 Block: 5D Subdivision: VILI-AGE INN PLAZA . lU
Parcel Number: 2101-082-0300-3 \
Comments:
DRB Number: DR8080092
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
DuBois
Gillette
+0-0
Action: APPROVED
Date of Approval: 05/022008
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approlral, pursuant to the Vail Town Code, Chapter 12-3-3: APPEA6.
C-ond: 202
(PIAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Cond: CON0009964
Sign colors (blue and yellow) must match the temporary signs, found on the Vail
Plaza Hotel & Club on May 7, 2008.
Planner: NicolePeterson DRB Fee Paid: $73.00
,,-ffi
MailingAddress: 16 Vail Road, VaiI, C0 81657 '' /nF
Nameof Appl,""n,, .ottr" r. Ool"., (" 4/
MailingAddress: L6 vail, Road,, VaiL, C) 8L657 7M -)
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970^479.21 39 fax'. 970.479.2452
web: www.ci.vail.co.us
Generat lnformation: A I
All projects requiring design review must receive approval prior to submitting a building permit application. Please I \t
refer to the submittal requirements for the particular approval that is requested. An application for Design Review I t
f:,::ll"Jffi'?1#lix:EXiJf*'f iil3''i:J: ffil5l"H,$""?FT#;ly' fJ"f#:llffg?H#,*',*: Gr
Design revlew approval lapses unless a building permit is issued and construction commences wiihin
-one year of the approval.
1!\
Description of the Request: Application for Signage - Vail Plaza llotel & Club \-
T
Physicaf Address: 16 vail Road ) -
Parcel No.: 210108203003 (ContactEagleCo.AssessoratgT0-328-S640forparcel no.) I[!)
Zoning: SPecial Developnent District /16 (see attached l-egal descrlptJon) (\
Name(s) of Owner(s): DaJrner Corporatlon aka Vail Plaza Development. Ll,C \)
Mailing Address: 16 Vaii[ Road, Vai]-
Owner(s) Signature(s):
Name of Applicant:
Maurng Aooress: ,A\-rr{
,Iype of Review and Fee: ffu'alO 'q 11-O 757
t#=q9re-- $50 Plus$l.00persquarefootoftotalsignarea' OfvLe-rfC(A-Zehrerl.c-o,AI Conceotual Review No Fee I -
' New Construction $650 For construction of a new building or demo/rebuild.. Addition $300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).. Minor Alteration $250 For minor changes to buildings and site improvemenb, such as,
(multFfamily/commercial) reroofing, painting, window additions, landscaping, fences and
retainino walls. etc.
Minor Alteration $20 For minor changes to bui
(singleJamily/duplex) reroofing, painting, v
retaining walls, etc.
Changes to Approved Plans $20 For revisions to plars
Design Review Board.
Separation Request No Fee
by Planning Staff
Fggff*H:$5t[*,", 3e4r ev, w (*c
Our Order No: VC50009420-2
IEGAI. DESCRIPTION
147.36 FEET; (2) NORTH 10 DEGREES 14 MINUTES 00 SECONDS EAST 147.4s FEET, TO
THE POINT OF BEGINNING. COUNTY OF EAGLE. STATE OF COLORADO.
AND
THAT PART OF LOT O, BLOCK 5.D, VAIL VILLAGE FIRST FILING, ACCORDING TO THE MAP
THEREOF RECORDED UNDER RECEPTION NO. 96382 IN THE OFFICE OF THE EAGLE COUNTY,
COLORADO, CLERK AND RECORDER. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT O THAT IS ALSO THE
NORTHEASTERLY CORNER OF A PARCEL DESCRIBED IN BOOK 230 AT PAGE 556 OF THE EAGLE
COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS, SAID PARCEL CURRENTLY BEING
KNOWN AS THE 'GATEWAY PROJECT', THENCE S 79 DEGREES 46 MINUTES OO SECONDS E
178.40 FEET, ALONG THE NORTHERLY LINE OF SAID LOT O, TO THE NORTHWESTERLY
CORNER OF VILLAGE INN PI-AZA, ACCORDING TO THE CONDOMINIUM MAP THEREOF,
RECORDED IN BOOK 349 AT PAGE T1, IN THE OFFICE OF THE EAGLE COUNTY, COLOMDO,
CLERK AND RECORDED, THENCE, ALONG THE WESTERLY LINE OF SAID VILLAGE INN PLAZA,
S 09 DEGREES 30 MINUTES O() SECONDS W 37.6I FEET. TO THE TRUE POINT OF
BEGINNING; THENCE, CONTINLJING ALONG SAID WESTERLY LINE, S 09 DEGREES 30
MINUTES 00 SECONDS W 102.21 FEET; THENCE, DEPARTING SAID WESTERLY LINE, N 79
DEGREES 47 MINUTES 08 SECONDS W 67.05 FEET; THENCE S l0 DEGREES 12 MINUTES 52
SECONDS W 32.60 FEET; THENCE N 79 DEGREES 47 MINUTES 08 SECONDS W 83.93 FEET,
TO THE EASTERLY FACE OF AN EXISTING BUILDING; THENCE THE FOLLOWING TWO COURSES
ALONG THE EASTERLY AND NORTHERLY FACES OF SAID EXISTING BLJILDING: 0) N l0
DEGREES ()I MINUTES 09 SECONDS E 6.4I FEET (2) N 79 DEGREES 58 MINUTES 5I
SECONDS W 6.35 FEET; THENCE. DEPARTING THE NORTHERLY FACE OF SAID EXISTING
BUILDING, N 10 DECREES 12 MINUTES 52 SECONDS E 69.82 FEET: THENCE S 79 DEGREES
47 MINUTES 08 SECONDS E 61.46 FEET; THENCE N 32 DEGREES 56 MINUTES 27 SECONDS
E 63.51 FEET; S 79 DEGREES 47 MINUTES 08 SECONDS E 70.07 FEET. TO THE TRUE
POINT OF BEGINMNG.
AND
PARCEL 2:
CONDOMINIUM UNITS 766 THROUGH 794 AND 797 THROUGH 805, INCLUSIVE VILLAGE INN
PLAZA, ACCORDING TO TTM CONDOMINIUM MAP THEREOF RECORDED NOVEMBER 19, 1982 IN
BOOK 349 AT PAGE 1I, AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED
NOVEMBER 19, 1982 IN BOOK 349 AT PAGE 12. COUNTY OF EAGLE. STATE OF COLORADO.
Vail Plaza Hotel & Club
Sign Program
Business Identifi cation Sigrrs:
I approved: 'Vail Plaza Hotel & Club' sign - 5.25 square feet (DRB 08-0092)
Joint Directory Sisns:
2 total allowed - 2 approved (DRB 08-0092)
TexV Loso:
Font: SWIST2I BLKCN BT Double Spaced
Material: Solid Acrylic w/ baked enamel hnish
Colors:
Yellow and Blue to match temporary signs
Materials:
Business ID:
All cedar, painted at front entry off Vail Road
Joint Directory:
Aluminum Base W baked enamel finish
Steel frame w/ black powder coat finish
Lishting:
Installation above signs - casting down, tlpe SLl6 Mariner from Auroralight.
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TowN oF vArf. r'ni pEpenrMENT VAIL FIRE DEPARTMENT
75 S. FRONTAGEROAD
VAIL, CO 81657
970-479-2135
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
SPRINKLER PERMIT Permit #: F05-0071
Job Address: 100 E MEADOW DR VAIL
Location.....: VAIL PLAZA HOTEL
ParcelNo...: 210108203003
Project No :
OWNER DAYMER CORP NV LL/04/2005
]-OO E MEADOW DR
VAIIJ ]
co 81657
APPIJICANT ALIJ STATE FIRE PROTECTION, rLL/O4/2O05 PhONE: 303_288-3901
604s E 76TH #I2
COMMERCE CITY
co 80022
License:370-S
CONTRACTOR AIL STATE FIRE PROTECTION, IL1./04/2OO5 PhONE: 303-288-390].
6045 E 76TH #t2
COMMERCE CITYco 80022
I-,icensb: 370-S
Desciption: VAIL PLAZA HOrEL-INSTALL FIRE SPRINKLER sysrEM FoR NEw HorEL
Valuation: $389,000.00
*+**********tr:t **'**t! !ta+ {<:t**{.rt**:E:}:B******** *********t :tr*,**,t**,t*+:1.:t+**** FEE suMMARY
Mechanical-->$0.00 Restuarant Plan Review-- >$0.00 Total Calculated Fees-- > $16,882.50
S0.00 Additional Fees------ > $232 - 00
Investigation->
Will Call--->$0.00
BALANCE D1JE--------- >$0.00&*+8*!t:r*,({r+*:t<**:}:f*:t{.**:$:t:}:F***{r*'<**********:************d(*,<***:***'<d(****,.{<**,<d(*{<*****,.:*************t***
ftem: 051-00 BUIIJDING DEPARTMENT
ftem: 05500 FIRE DEPARTMENT
11/04/2005.I,JR Action: DN Incomplete application.
O2/L4/2oo6 mcgee Acti.on: DN The pJ-ans and calc,s are not acceptable.
Too much lack of attention to detail. Not aII the sheets are even right side up.Over l-2
errors.
We found the 1/8 scale too difficult to read, especially at valve l-ocations. Theplan does
not provide the minimum i-nformation required by NFPA 72 (reflected ceiling plans,slope, :ceiling heigth, etc.), and the sprinkler heads do not clearly reflect thesubmittals.
The calcs have not been completely reviewed, but we will not accept velocit.ies of28 and
J U+ .
Status...: ISSUED
Applied..: 1110412005
Issued. . : 0312712006
Expires . .:
Plan Check--> 5350. OO DRB Fee ------, ---->
$0 . 00 TOTAL FEES--------> SL6, gg2 . 50 Total Permir Fee-----> 51? , 1 14 . s0
Paymen$
Very little in the su_bmittals are specified,
RiIArs stamp is just that - no signature, no date, no approval .
I do not see the new standpipe. I see what might be a clouded area, but. there areno noEes or
details.
03/L8/2006 mcg'ee Action: AP Plans are approved as noted:
by the Town of Vail via1. FuIl compliance with NFPA :-3, 2OO2 edition, as adoptedreference
in the fnternational Fire Code, as amended, is required..2, Compliance with VFES standards as puJrlished, is required.3. A11 work is subject'to field inspection.+. Adminj-strative modifications may impact some aspects of design. A11variations,
modifications, and specifications must be addressed.
NOTE: There are some proposed elements of the building design that have not beeapporved as
of this daLe. Compl iance with Items as l-isted above is required.
Special consideration was given to details funished via pdf format. Plans are notin
sufficient detail to cover all aspects that may be encountered. in the field.
CONDITION OF APPROVAL
Cond; 12
(Br-,DG.): FIELD rNsPEcrroNs ARE REQUTRED To cHEcK FoR coDE coMpLrANcE.
DECLARATIONS
I hereby acknowledge that I have read this application, filled out in fulI the information required, completed an accurate plot
plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply
with all Town ordinances and state laws, and to buitd this structure according to the towns zoning and subdivision codes, design
review approved, International Building and Residential Codes and other ordinances of the Town applicable thereto.
REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS IN AI}VAIICE BY TELEPHONE AT 479-2135
FROM 8:00 AM - 5 PM.
OR CONTRACTOR FOR HIMSELF AND OWNEF
APPLICATION WILL NOT BE ACCEPTED IF INGOMPLETE OR
Project #:o{.or{S
for Parcel #
Building Permit #:
Sprinkler Permit #:
FIRE SPRI
TIONS FOR ALARM PERMIT (Labor & Materials)
Fire Sprinkler: $
Contact Assessors Office at 970-328-8640 or visit
***************************************FOR OFFICE USE ONLY*************************************
Fire Sprinkler Contractor:
A\\-s+are tr w- Dct*ac\ron
Town of Vail Reg. No.:
_97D6
Contact and Phone #'s:
Mihe h (3cRbBQ-;got
E-Mail Address:
Contractor Signature: n
^-}.-rn!..l.o,
\o, Yz)r*,4-:
COMPL VALUA
WorkClass: Newlf Addition( ) Remodet ( ) Repair( ) Retro-fit( ) Other( )
Type of Bldg.: single-family ( ) Two-family ( ) Multi-family ( ) commerciat ( ) Restaurant ( ) other( )
No. of Existing Dwelling Units in this building:No. of Accommodation Units in this buildino:
Does a Fire Alarm Exist: Yes ( ) No ( )Does a Fire Sprinkler System Exist: Yes ( ) No ( )
\wail\data\cdevvoRMs\pERMrrs\spRKpEnr"r'ooc d
wrw,r^s/e*
* u
| .-.)
Vo.zV;trry-frry t
b// 5t>
VauVtlty t'*'
projectName: pEC Number: pEco50032
PEC Type: VAIL PLqZA TEMP OFFICE
Proiect Description:
C,onditional Use Permit application to allow for a professional and business office to be located in
the Public Accommodation zone district widr the \M
Pafticipants:
OWNER VAIL VILLAGE INN INC O4I25I2OO5
1OO E MEADOW DR #33
VAIL
co 816s7
AppucAt{T y411_ pl azA DEVELOPMENT, LLC 0412512005 phonei 970_477 _tLA6
CONNIE H. DORSEY
12 VAIL RD, sTE 200
VAIL
co 816s7
ProjectAddress: 58 E MEADOW DRVAIL Location:
1OO EAST MEADOW DR., UNIT #3, LEGAL VILL
l€gal Descrapuon: lok Block 5D Subdivision: VILLAGE INN PLAZA parcel Number: 2101-082-5403-0
Gomments: See PEC Minutes of the 5/23/2005 meeti
BOARD/STAFF ACIION
Motion By: Viele Actionl AppRoVED
Second By: Lamb
Vote: 4-2 Dateof Apprcval= 0512312A05
condrtions! Meeting Date: 05/2312005
Cond:8
(PIXN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 dap following the date of
approval.
Plannen George Ruther pEC Fee paid: $650.00
;m Application for Review by thePlanning and Environmental Comm
APR ?,"1
V-C(}id:"$iV.
__ _Deparknent of Community Development
75 South Frontage Road, Vail, Colorado g1657
tel: 970.479.2139 tax: 970.479.2452
weD: www.ci.vail.co.us
General fnformation:
All projects requiring Planning. and Environmental commission review must receive approval prior to submitting abuilding permit application' Flease refer to tn. rrurittui iequiremens ro,. tn. p.ii.urli approvar that is requested.An application for Planning and,Environmen;i c;;i;;;;"view cannot be accepted untir ail required information
i:'1"'::i".'.irtJ,i[:;:$fi'ilY$%::pment oepartmeni rne prolea miGil;; oe revieweo ov il;i;;
Type of Application and Fee:
E Rezoningtr Major Subdivisiontr Minor Subdivisiontr Exemption PlatD Minor Amendment to an SDDE New Special Development DistrictU Major Amendment to an SDDE Major Amendment to an SDD
(no erte rior m od i fi ca tions)
Conditional Use permit
Floodplain Modification
Minor Exterior Alteration
Major Exterior Alteration
Development Plan
Amendment to a Development plan
Zoning Code Amendment
Variance
Sign Variance
$1300
$1s00
$650
$6s0
$1000
$6000
$6000
$12s0
t
$*(/l
8
.E
tr
n
tr
tr
tr
D
n
$6s0
$400
$6s0
$800
$1s00
$2s0
$1300
$s00
$200
Description of the Sequest:
of the Propo-sal:
Physical Addresst €*tVf/
Parcef No.:,(/r,t"0 x (yf u (contacr Eagte co. Assessorat 9
Address:OP WCrw
Owner(s) Signature(s)r
Name of Applicant:
Mailing Address:
Phone:
E-mail Address:r"* ?7" tiq*,1/13
70-328-8640 for parcel no.)
Name(s) of Owner(s):
of5-0li l8/02
tlt
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
May 23, 2005
A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional
Uses, Vail Town Code, to allow for a professional and business office (real estate
sales office) for the Vail Plaza Hotel & Club, located at 100 East Meadow Drive,
(Vail Village lnn/Lot M, N & O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC05-0032)
Applicant Vail Plaza Hotel & Club, represented by Connie DorseyPlanner: George Ruther
il.
SUMMARY
The applicant, Vail Plaza Hotel & Club, represented by Connie Dorsey, is requesting a
conditional use permit pursuantto Section 12-7A-3, Conditional Uses, Vail Town Code,
to allow for a professional and business office (real estate sales office) for the Vail Plaza
Hotel & Glub, located at 100 East Meadow Drive. This conditional use permit will allow
the applicant to establish a real estate office within an existing Vail Village lnn tenant
space. Based upon Staff's review of the criteria outlined in Section Vlll of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends denial of this request subject to the findings noted in Section
Vlll of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant is requesting a conditional use permit to allow for a professional and
business office (real estate sales office) for the Vail Plaza Hotel & Club, located at 100
East Meadow Drive. This conditional use permit will allow the applicant to establish a
real estate office wiihin Phase lll of the Vail Village Inn Special Development District (i.e.
SDD #6). The proposed real estate office will be located within an existing 780 square
foot tenant space along East Meadow Drive. The applicant is not proposing any exterior
changes to the tenant space at this time. A vicinity map (Attachment A) and the
applicant's request (Attachment B) have been attached for reference.
REVIEWING BOARD ROLES
Ordqr of Review: Generally, applications will be reviewed first by the PEC for
acceptability of use and then by the DRB for compliance of proposed buildings and site
planning.
Planninq and Environmental Gommission:
Action: The PEC is responsible for approval, approval with conditions, or denial of a
conditional use permit.
Desion Review Board:
Action:The DRB has NO review authority on a conditional use permit, but must review
any accompanying DRB application.
ilt.
tv.
Town Council:
Actions of DRB or PEC maybe appealed to the Town council or by the Town council.
Town Council evaluates whether or not the PEC or DRB erred with approvals or denials
and can uphold, uphold with modifications, or overturn the board's decision.
Staff:
The staff is responsible for ensuring that all submiltal requirements are provided and
plans conform to the technical reguirements of the Zoning Regulations. The staff also
advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial, Staff also facilitates
lhe review process.
APPLICABLE PLANNING DOCUMENTS
Special Development District #6, Vail Village Inn
Conditional Uses
conditional uses for Phases l, ll, lll, lv, Iv-A and v of special Development District No.
6 sha// be set forth in Secfibn 18.22.030 of the Town of Vait Municipat Code with the
addition of the following conditional uses:
A. An outside popcorn vending wagon that conforms in appearance with those
existing in Commercial Core I and Commercial Core ll.B. No office use, except those clearly accessory to a principte use will be
allowed on the Plaza level of Phases lV. lV-A and V.
Title 12, Zoning Regulations
Chapter 12-2: Definitions (in part)
OFFICE, BUS/NESS; An office for the conduct of general buslness and service
activities, such as offices of real eshfe or insurance agenb, brokers, secretarial or
stenographic servrbeg or offices for general buslness activities and transactions, where
storage, sale, or display of merchandise on the premises occupies /ess fhan ten percent
(10%o) of the floor area.
Article 12-7A: Public Accommodation District (in oaril
12-7A-1: PURPOSE:
The public accommodation district is intended to provide slfes for /odges and residential
accommodations for wsltorg together with such public and semipublic facilities and
limited professional offices, medical facilities, private recreation, commerciaUretail and
related visitor oriented uses as may appropriately be located within the same district and
compatible with adjacent /and uses. The public accommodation district is intended to
ensure adequate light, air, open space, and other amenities commensurate with lodge
useg and to maintain the desirable resort qualities of fhe district by establishing
appropriate site development standards. Additional nonresidential uses are permitted as
conditional uses which enhance the nature of Vail as a vacation community, and where
permifted uses are intended to function compatibly with the high density lodging
character of the district.
1 2-7A-3: CONDITIONAL USES;
The following conditionaluses sha// be permifted in the PA district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
"Professional and buslness offices".
Ghaoter 12-16: Conditional Uses Permits (in oart)
Secflon 12-161: Purpose; Limitations
ln order to provide the flexibility necessary lo achieve the objectives of this trtb, specified
uses are permifted in certain disfrlcfs subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of fhis title and with
respecf to their effects on surrounding properties. The review process prescrlbed in this
chapter is intended fo assure compatibility and harmonious development between
conditional uses and sunounding properties in the Town at large. Uses /isfed as
conditional uses rn the various disfncfs may be permitted subject fo such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses wiil/ be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properfies. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
Vail Village Master Plan
Goals, Obiectives. Policies. and Action Steps (in oart)
Goal#2
To foster a strong tourist industry and promote year-around economic health and viability
for the Village and for the community as a whole.
Objective 2.1
Recognize the variety of land uses found in the 10 sub-areas throughout the Village and
allow for the development that is compatible with these established land use patterns.
Objective 2.4
Encourage the development of a variety of new commercial activity where compatible
with the existing /and uses.
Land,iUse Plan (in part)
Land Use categories in the VailVillage include the following:
Mixed Use: This category includes the "historic" village core and properties near the
pedestrianized streefs of the Village. Lodging, retail and a limited amount of office use
are found in this category. Within nearly 270,000 square feet of retail space and
approximately 320 residential units, the mixed use character of fhese areas ls a major
facto in the appeal of the Vail Village.
VailVillaqe Sub-Areas (in part)
Mixed Use Sub-Area (#1)
The Mixed Use sub-area is a prominent activity center for the Vait Viltage. tt is
distinguished from the Village core by targer scate buitdings and by the limited auto
traffic along East Meadow Drive. comprised of five major development projects, this
sub-area is characterized by a mirture of residential/lodging and commercial activity.
v.ZONING ANALYSIS
Zoning:
Underlying Zoning:
SDD #6 (VailVillage Inn, Phases lll)
Public Accommodation
Zoninq
SDD #6
Public Accommodation
SDD #6
SDD #6
Land Use Plan Designation: Village Master Plan, Mixed Use Sub-Area
Current Land Use: Mixed Use
Develooment Standard Allowed/Required Existino ProposedPa*ing 3 spaces 0 spaces 3 off-site spaces
VI. SURROUNDING LAND USES AND ZONING
North:
South:
East:
West:
Land Use
Mixed Use
Mixed Use
Mixed Use
Mixed Use
vil.GR|TERTAAND F|NDINGS
The review criteria for a request of this nature are established by the Town Code. The
proposed real estate office is located within Special Development District #6, with an
underlying zoning of Public Accommodation (PA). Therefore, this proposal is subject to
the issuance of a conditional use permit in accordance with the provisions of Chapter 12-
16, VailTown Code.
A. Consideration of Faclors Regardinq Conditional Use Permits:
1. Relationship and impact of the use on the development objectives of
the Town.
Pursuant to Special Development District #6, Vail Village lnn, conditional
uses within the Vail Village Inn are allowed in accordance with the provisions
of the Public Accommodation zone district. Business offices, which include
offices for real estate agents, are allowed as conditional uses within the
Public Accommodation zone district. However, lhe provisions of Special
Development District #6 specifically prohibit business offices on the Plaza
levelof Phases lV, lV-A, and V. The Vail Plaza Hotel & Club proposed real
estate office is located at street level within Phase lll of the Vail Village Inn,
and therefore, not specifically prohibited by the Special Development District' #6.
There is currently one other real estate office located in Phase lll of the Vail
Village Inn. Additionally, there are also real estate offices located at other
Public Accommodation zoned properties such as the Austria Haus, Mountain
Haus, and Christiania. The primary purpose of the Public Accommodation
district is to provide sites for lodges and residential accommodations. The
cumulative effect of allowing numerous other conditional uses, real estate
offices or otherwise, in this district may lead to the eventual departure from
the purpose of the district. lt was for that reason, that on September 2004,
the Vail Town Council upon consideration of an appeal of a planning &
Environmental Commission decision denying a request for a similar
conditional use permit (Nico Vail, Inc.), upheld the decision of the
Commission. ln upholding the decision of denial, the Council found that the
requested permit did nof meet the prescribed criteria for such a request and
that approving the application would be materially detrimental to the welfare
of the community (ie, retail vitality).
Therefore, based upon the previous decision and direction of the Vail Town
Council, Staff believes that the proposed real estate office is inconsistent with
the development objectives of Special Development District #6, the Public
Accommodation zone district, the Vail Village Master Plan, and the Town in
general.
2. The effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities needs.
Staff believes the proposed real estate office will have no significant negative
effects on the above-mentioned criteria in comparison to the existing
conditions.
3. Effect upon traffic with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and eontrol, acc6ss,
maneuverability, and removal of snow from the street and parking
arEas.
Staff believes that the proposed real estate office will have no significant
negative effects on the above-mentioned criteria. Pursuant to the provisions
of Chapter 12-10, Off-Street Pa*ing and Loading, Vait Town Code, the
proposed real estate office will require one additional parking space
compared to the previous reiail use of this tenant space. Since there is no
additional parking available at the Vail Village Inn, the applicant must secure
at least one additional parking space to improve the parking availability for
their business. Pursuant to Section 12-10-6, Parking: Off Site and Joint
Facilities, Vail Town Code, with Town Gouncil approval, the applicant may
pursue a leased parking space to meet the parking requirements of the Town
Code. The Town Council is scheduled to review this request to allow one off-
site parking space for the real estate office at its June 21, 2005, public
hearing.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
The proposed real estate office will be located within an existing tenant
space; therefore, Stiaff believes the proposed real estate office will have no
significant negative impact on the above-mentioned criteria. New signage for
this business will require Town of Vail design review approval, thus ensuring
the compatibility of any new signage with the surrounding uses.
The Plannino and Environmental Commission shall make the followino findinos
before qrantinq a conditional use permit:
B.
1' That the proposed location of the use is in accordance with the purposes
of the conditional use permit section of lhe zoning code and lhe purposes
of the district in which the site is located.
2. That the proposed location of the use and the conditions under which it
will be operated or maintained will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinity.
3. That the proposed use will comply with each of the applicable provisions
of the conditional use permit section of the zoning code.
VIII. STAFFRECOMMENDATION
The. Community Development Department recommends that the Planning and
Environmental Commission denies the applicant's request for a conditional use [ermit,pursuant to section 12-7A-3, conditional Uses, Vail rown code, to allow for aprofessional and business office (real estate sales office) for the Vail Plaza Hotel & Club,
located at 100 East Meadow Drive. Staffs recommendation is based upon the review of
the criteria described in Section Vll of this memorandum, the earlier findings of the Vail
Town Council, and the evidence and testimony presented. Should the Commission
choose to deny this conditional use permit iequest, the Community Development
Department recommends the commission makes the following findings:
1' That the proposed locations of the use is not in accordance with the
purposes of the conditional use permit section of the zoning code and the
purposes of the district in which the site is located.
2. That the proposed locations of the use and the conditions under which it
would be operated or maintained would be detrimental to the public
health, safety, or werfare or materiaily injurious to properties or
improvemenls in the vicinity.
3. That the proposed use does not comply with each of the applicable
provisions of the conditional use permit section of the zoning code.
Should the Commission choose to approve this conditional use permit request, the
Community Development Department recommends the following condition of approval:
1' This approval shall be contingent upon the applicant receiving Vail Town
Council approval for one off-site parking space, prior to the applicant's
submittal for tenant-finish building permiti and/or occupancy of tire ienant
space.
IX. ATTAGHMENTS
A. Vicinity MapB. Applicant's Request
Attachment: B
Conditional Use Permit
Submittal
Written Explanation
Applicant: Vail Plaza Hotel & Club
a. and b.
fntended Use:
A Temporary use of this space for a Pre-opening Show Roonr/sares and Informafion
Center for the Vail Plaza Hotel & Club. In addition we will provide information on Vail,
the vail valley, Events and anything else that is related to the 'New' Hotel and club as
well as Vail's Billion Dollar Renewal and other information that would be of inrerest to
the general public.
c. Not applicable
we will not be making interior changes. Traffic will be primarily pedestrian. persons
diving to the location will park in our Garage at phase III at the same locafion-
d- see c. above. The Pl"za whEre this space is located is maintained by building
management.
e. Any pedestrian tra"ffic that is created by this use will ceate possible shoppers for the
business within the area
Note: This space has not been successfirl as retail space and has been vacant most ofthe
time. until the Meadow Drive streetscape, sonnenalp Re-development, willow place
Development, The vail Plaza Hotel & club Development and sarting in the spring of
2006 the crossroads Development starts are compteted this is noJ a;ood location for
retail. once all of these projects are completed it will become a-very viable and
successful retail business unit.
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ZONING
Tilffip"t property is zoned SDD, Special Development District No' 6, under the authorify of
the Town ofVaii, nagle County, Coiorado. This zoning district allows general business and retail
uses with a maximum floor area to be determined by the final P.U'D. plan- As customary with
this zoning classification; the subject's development was approved in 198.0--81' In conversation
with the Town of Vail zoning authorities and review of the plans and specifications, the subject,
as existing, complies with this zoning classification.
The subject has no on-site parking available for its tenants and all deliveries are from a common
area adj;ent to Phase V on ttre wlst end of the development. There is an^underground parking
gurug" ttut is located north of and behind Condominium Unit No. 603, but this parking is
i"reiea for the residential condominium owners. Several spaces are rented on a monthly basis,
but this area is not part of this assignment. Most importantly, the Town of vail is discouraging
all on-site parking in keeping with tie "pedestrian access" theory and the reason for the municipal
parking structure(s) enlargements.
Copies of the Town Zoning Map, Site Survey and Flood Plain Map are included on the following
pages:
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DESCRIPTION OF'SITE
The subject site consists ofthree condominium sites that contain a total of9,364 square feet or
0.215 acre and has frontage on East Meadow Drive of 85.88 feet, and frontage along the west
side of the Crossroads properfy for approximately 215 feet. The subject's development plan was
approved in April, 1980 and included three commercial condominium sites referred to as Units
601,602 and 603. The subject is part of the Village Inn Plaza Condominium Association.
According to the Condominium Declaration the subject has a combined ownership of 20.0% in
the association. The unit allocations and the land areas for these sites are as follows:
Unit 601
Unit 602
Unit 603
Total
2,113 sq. ft.
3,277 sq.fr..
3.974 sq. ft.
9,364 sq. ft.
4.512%
7.000%
8.488%
20.000%
The association dues are made on a quarterly basis and are included as part of the CAM pa)rment
which will be discussed in greater detail in the Income Approach.
According to the Federal Emergency Management Agency, Federal Insurance Administration
Map Panel No. 080054 0002 B, May, 1985 the subject site lies in Zone C a non-hazardous area
of minimal flooding. Copy of the flood map is included on the following page.
The site is at street grade with East Meadow Drive and has a moderate northerly slope toward the
South Frontage Road. Unit 601 is at grade with Meadow Drive and 602 and,603 are above this
level. Units 601 and 602 have very good visibility from East Meadow Drive, but Unit 603 is north
of 602 and its visibility is mostly blocked from East Meadow Drive. Stairs ascend from Meadow
Drive along the west side of the building up to aplaza that separates 602 and 603. Unit 603 abuts
the parking garage on the north. The walkway has brick pavers and wood,/concrete steps. The
plaza is landscaped with bronze sculptures, flowers, aspen and blue spruce pine trees. An
engineering report has been provided and no adverse conditions *" .tot"d. It is, however,
assumed that no unusual condition exists that would adversely affect the market value of the
improvements built on the subject property. Inspection of the iubject's existing improvements
revealed no evidence ofunusual soil condition.
All utilities are available to the site such as water, sewer, telephone, elechicity and nahral gas.
Water and sewer service is provided by the Eagle River Water and Sanitation District with natural
gasandelectricityprovidedbytheXcelEnergyandHolyCrossElectric,respectively. Telephone
seryice is provided by Qwest.
East Meadow Drive will be redeveloped into a "new" retaiVcommercial corridor similar to Bridge
Smeet and Wall Street in Vail Village. According to the Town of Vail Planning Department this
redevelopment will include cobblestone streets, heated streets and si<lewalks, and additional
landscaping. A site development plan of the subject site is provided for on the following page.
IDENTIFICATION OF' PROPERTY
The subj ect of this appraisal are three existing commerciaVretail condominium units located in
Vail Village Plaza Phase III, a fwo story wood frame, masonry block and stucco commercial
building with residential condominium units on the second floor. The facility is located one-half
block east of the northeast comer of Vail Road and East Meadow Drive at 68 East Meadow Drive
in the Town of Vail, Colorado.
According to Eagle Courty Assessor's records the subject's units were built in 1981-83 and
contain 10,847 square feet ofgross building area and 10,531 square feet ofgross rentable area.
The leases for the units, however, indicate that the condominiums contain approximately 10,000
square feet ofrentable area. The difference befween the two is a restroom and mechanicaVshop
area. The owner's rentable area is used for purposes ofthis appraisal report. The units are iocated
on three separate lots and the property is in Zone c, an area of minimal flooding (FIRM), Map
Panel No. 080054 0002 B, May, 1985. The propertyis zoned SDD, Special Development District
No. 6, Town of Vail, Eagle County, Colorado.
LEGAL DESCRIPTION
The land referred to herein is located in the County ofEagle, State ofColorado, and described as
follows:
Condominium Units 601, 602 and 603, VILLAGE INN PLAZA, according to Condominium Map
thereoffiles November 19, 1982 in Book 349 at Page I I as Receprion No.-245351, antt as definid
and described in the Declaration of Covenants, Cinditions and-Restrictions of Village Inn Flaza,
a | -ondominium Project, recorded November I9, 1982 in Book 349 at Page i 2 as Feception No.
2J53!2, Cgyryty of Eagle, Colorado. The property is also identified as Eagle County.issessor's
Tax Parcel Numbers:2101-082-54-030, 031 and 032. A copy of the title insurance commitment
is included as Addendum "B" of this report.
SCOPE OF THE APPRAISAL
Prepare a written self-contained report ofa complete appraisal ofthe subject in accordance with
Uniform Standards ofAppraisal Practice, Standards Rule 2-2a. The report shall include:
f . identification and description of the specific estate to be appraised, definition of the
value determined, and effective date of value;
2. a.complete presentation of the neighborhood and environment of the property, both
physical and economic, along with a conclusion as to anticipated future valire tiends;
3 . a presentation of the analysis of the Highest and Best Use;
4. a complete description of the property to be appraised based upon the appraiser's
inspection of the subject;
5. a discussion ofthe appraisal techniques used in the development ofthe valuation;
6. adiscussion ofthe appraisai approach(es) used based upon verified sales andrental data
as applicable to the approach; and
7. a final analysis and reconciliation ofthe apDroaches into a final value conclusion as of
the date of value.
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ASSNSSMENT AND TAXES
The actual and assessed values and real estate taxes for the subject property have been obtained
lgmthgEagleCountyAssessor's office. Themilllevyfortheareaii$46.566per$1,000(2003).
The individual condominium unit's assessed values areZgYo ofthe actual value. The respective
unit values and real estate tax€s are summarized as follows:
1. Unit 601: 4,717 sq. ft. Bldg.;2,113 sq, ft. Land
Parcel No. 2101-082-54-030
Eagle County Assessor's Schedule Number R000ggg7
The 2004 assessed and actual values are as follows:
Assessed
$ 56,380 $ 92.00 psf. (actual value)S340.540 $248.95 psf. (actual value)
5396,920 $213.46 psf. rentable
Land
Improvements
TOTAI
Actual
$ 194,400
sr.174.290
$1,012,500
The real estate taxes are $18,482.98 and paid for 2003. Taxes are $3.92 per square foot ofunit area.
2. Unit 602: 3,571 sq. ft. Bldg. ;3,277 sq. ft. Land
Parcel No. 21 01-082-54-03 I
Eagle Counfy Assessor's Schedule Number R0009ggg.
The2004 assessed and actual values are as follows:
Actual AssessedLand $ 301,480 $ 87,430 $ 92.00 psf. (actual value)Improvements $. ?3?.510 $212.430 $17a.90 psf. (acmal varuejTOTAL $1,033,990 $299S60 gZt:.+O'p;f. rentabte
The real estate taxes are $13,963.28 and paid for 2003. Taxes are $3.91 p:l:;ffile foot of unit area.
3. Unit 603: 2,559 sq. ft. Bldg.; 3,974 sq.Ii. Land
Parcel No. 210l-082-54-032 -
Eagle County Assessor's Schedule Number R0009gg9.
The 2004 assessed and actual values are as follows:
Land ffffif q $ffit# $ 8e.74 psr. (actuar value)Improvements $1229Q 9108.840 $17a.90'psf.iactual value)TOTAL $740,930 $tMS?0 $21346^ p;f. rentable
The real estate taxes are $10,005.64 and paid for 2003. Taxes are $3.91 ;"|r?$;e foot of unit area.
The total taxes.on-the property are $42,811.90 or g3.95 per square foot ofgross building area. The
taxes are paid in full and thele.ge lo outstanding special asiessments. A*copy of the i.rr.r.or',Aerial Photograph is on the lollowing page.
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appfoval of'the L
CI'ICAOO TITLE INSURANCE COMPANY
COMMITIT,IENT FOR TITLE INSURANCE
CHICACO TITIE TNSURANCE COMPANY, a eorporation of Missouri, hefeirr cslled the Cornpany, {br
1 lduabls consideraliotl, hereby commits lo i6sue ils policy or policles of titte insurance, as ldentilied in
Schedule A, in tavor of the proposed lnsured nlmed tn Schiaule-4 as ou'rer or mortgag6; of lhe estate or
in teresa .otf€tsd homby in the land described or referred to in Schrrhtte A, upon ptymeni Jf thc premiums md
chuges Iherefor; all rubjcst to thB prorisions of Schedule A and B anit to the ionditlons and StipuLfons hcreoJ.
fhh Comrr tlranl shall bc e{fectivc mrly vhcn tie identity oI the. propcsed tnsured and the amount of
th€ polley or Policies committod for have b.en insertcd in Scheaute .l t ".k Uy the Company, either at the
time of the ii$uancs of this CommiUncn t or by suhequcnt endorsement-
- Thig Csmmirment is Prtiminaty lo th€ Is$ance of such poltry or policles of tille insurmce snd 8ll li0bitiry
and obligrtions hereunder shall cerss and lcrm|rralo si* rnonthi after tfie effcctive date hereofor when lhe policy
or policies conmittrd for dralljssue, sihichercr fi$l odcurs, proeided thal &e failurc {o issue suc}r policy or
pollcies is not the faull of tho Compaay. Thie Commitncnt dtall not bs valld or binding u1tlil countersigned by
rn authorized officer or aBcEt.
tN WITNESS IVHEREOF, the Cornpany has cau:ed rhis Cofimirrnent to be signed and sealed, to becs!€
valld vhcn eountsrsigud by an ruthorkoit olEcsr or sgent of the Conpany, ali in {ccordrnce wllh lls By-Laws-
This Commitaent is cffcctive as of the datc slrown in Schedulc A as "Effcciive Date."
ISSUED BY:
EAGLE COUNTY TITTE CORP.
The Norwest Center, Suite 104
0070 Benehmark Rd.
P.O. Box 98O
Avon, Colorado 816?0
(9?0) 9,19-S49? Fax (970) 476-9486 CHICAOO TIILE INSURANCE COMPANY
Bv:M*/f4e,
ATT EST:
d,r-^-/rar*r-
U Secrelary
CTIRB:5-l-75
,fff, t'''-r co*,
C O M MITMENT TLE INSURANCE
Tue Rocxrrs, lNc.
f o r T I
- issued by
PANY OF
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as aged for
Curc,tco Trns Ir'{suRt ce Coupersy
Reference: Josef Staufer
Prepared [or:
Josh Heircy
HVS Capital Corp
1777 S. Ilanison StrEel, #906
Derwer, CO 80210
Commltment Number: 0805715-C
Inquirles should be directed to:
. Tracey L Baumgardner
Title Company ofthe Rockies - Eagle County
0070 Benchmark Rd #104 PO Box 980. Avon,CO 8t620
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Scmorn p A
Effective Date: December 03, 2004, 7:00 am
Policy (or Policies) to be issued:
ALTA Loan Poiicy (|U|T9Z)
Issue Da!e: Ilecember 0t ?004
PoliryAmount 31,300,000.00
Proposed lasured: Unlted {erltage Llfe Insurance Company, its Successors and/or
Asslgtrs
The est'ate or intetest in the land describsd or referred to in this conrmitrnent and covered. herein is:
Fee Simple
and title thereto is at the e{fective date hercofvested irr
Vafl Vtllage Inn" Inc., a Colorado corporation
The land refered to in ttris commitment is located in the counf ofEagre, state of cororado, and isdescribed as follows:
FOR I,EGAL DESCRIPTION SEE SCEEDIJLE A CONTINUDD ON I\IEXT PAGE
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Co'''l*itE€nt No. 080571 tC Schedule A (co,ntinued)
LBGALDESCRIPTION
The land refsrcd to in herein is localed in the county ofEaglg state ofcolor.ilo, and described asfollows:
PndT_nniy Units 601, 602 and 603; VIIJ.AGE INN ?I_AZA, acccdiag to the Conitominiurn lvlapthereof filed Novenrber 19, 19&l inBook349 ,apage as Reception No. 245351, aad as dognea anadesctibed in tbe Declaration of covenants, coditio* r"a nest i"timt of village hm plaza, a
condomioftrn Project, recorded Novenrber 19, l9g2 in Book 349 at page 12 as Rsception no. 245352,Coung ofEagle, Stale'of Colorado.
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Schedde BI Requirtnents
Cqmnitoent No- 080571 5-C
. Comrrn'm,r ron Tm,s nrsuniNcs
Screour,rB-Srcnorl
RrqunxMrsns
TIIE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
Ifena (a) Palrnent to or for the accour$ ofthe granlors or mortgagors ofthe full consideration for the
estate or interest to be insured.
Iten (b) Proper instrurnent(s) creating the estate or interest to be insured must be execut€d and duly filed
for recor4 to wit
l. Release by the Public Trusiee ofEagie County oflhe Deed ofTnrst from Vail Village Inn' Inc.' a
Colorado corporation for the use of Column Financial, Inc., a Delaware corporatiorL to secure
$ 1,500,000.00, daleil April ?5, 1997, and recorded April 29, 1997 inBook 725 at page 461 as
Reception No. 621427.
NOTE: Assignment ofleases and Rents recorded April 29, 1997 in Book 725 at Page 462 as
Reception No. 621428, gi^Ien n aonnecdon with the above Deed of Trust.
NOTE: Security interest uoder the Uniform Comnercial Code affecting subject ptopefy, notice
ofwhich is given by Colorado UCCJ Financing Staiernen! Aom Vail Village lnrq Inc.' to
Column Finarrial,Inc., s€cured partye recorded May l,1997-nBook725 atlage 699 as
Reception No. 621565, given in cormection with the above Deed ofTrust'
NOTE: Assignments of said UCC-I Security inkres{ to laSalle Natioual Bank' as trustee'
,
recorded March 5, 2002 at Reception No. ?87971 emdMnch 12,2007 at Reception No. 788849.
NOTE: C-nntinuation Arrcndments of said UCC-1 Security interest recorded March 5' 2002 at
Reception No. 787972 ar.ld,Marr;h 12, 2002 at Reception No. 788850.
NOTE: Assigrunents oisaid UCCJ Secr:rity interest to LaSaIle National Ba*, as trustee for the
, register€d holders of DLJ Modgage Acc€ptace Ccrp, Connnercial Modgage Pass:Through
Certificates, Series 1997-CF2, reconled Aprit 15, 2002 at Rec€ption No. 792230'
NOTE: Assignment of the above Deed of Trust to LaSalle Natiornl Bank, as trustee fm lhe
registered holders ofDLJ Mortgags Accepiance Corp, Commercial Morlgage Pass-Through
Certificates, Series t 997-CF2, recortudMay 7,2002 al Reception No. 794821.
NOTE: Assignment of the above Assigrrnent ofl-eises atrd Rents to LaSalle National Bank, as
trustee for the registered holders of DLJ Morlgage Acc€prarre Corp, Commercial Modgage
Pass-Through Certificates, Series 1997-CF2, recorded May 7,20OZ alkecep,tion No. 794822-
2. Evitlence satisfactory to the Company or its duly authorized agcnt that all dues and/or assessments
levied by the Homeowners Association have been paid tlnough the date ofclosing.
3. Deed ofTrust frorn Vail Village km,Inc., a Colorado corporation to the Public Trust€B ofEagl€
County for lhe use ofUnited Heritage Life krsurance Company, to secure $1,300,000-00.
f,
AItt Coth,tit ent -SclAdute B-I Rqulrerneals Page 3 $7
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CoEmitE€Irt No. 08057 I 5-C Schedule B-I Requir€Benls (contirued)
The Mortgage Policy, when issued, will not contain Exceptions No. 1,2, 3 and 4, and will
contain Endorsement Form 100, provided that
(A) The enclosed form of inalernnity agreem€nt o'r final afliilavit alrd agreeme,trt is
properly executed and achowledged by the party(ies) indicated and rehmed to the
Company or its duly authorized agenl and
@) Applicable sche&rled charges in the amount of $60.00 are paid to the Company or
its duly auttrorized agenl
Exceplion No. 5 under Schedule B, Section II of this commitment will not appear in the policy or
policias to be'issued pufsrrant hereto, provided that (a) the documents conlemplated by the i '
r€quirements set forth in Schedule B, Section I oflhis commitment are submitted to afld
approved and recorded by the company or its duly authorized agent, and (b) an examination of
the records in the office ofthe clerk and rccorder for Eagle C-ounty, Colorado by the company or
its drly authorized ageut discloses that no defects, liens, eacrmrbrances, adverse claims or other- matt€rs haG been recorded in such records subsequent to the effective dat€ hereof.
ExceptionNo. 6 under Schedirle B, Section II of this edrrnitment will be amended to read
"Taxes and Assessrneirls for the year 2004 and subsequent years, a lien not yet due or payable" in
the poliry or policies to be issued pusuant hereto, prodded thaf tho transaction codemplated by
ihis commitnrent is closed disbursed and recorded on or before December 31, 2004.
The Mortgage Poliry, when issued will codai! rhe following Endorsement Form(s), provided
that applicable scheduled charges itr the amomt(s) following each eardorsement are paid to thc
Company or its duly authorized agent.
Loan Form 100 - Coryrebensive Endorsenrent $60.00
Loan Form 8.1 - Envimnmental ?mteclion $40-00
Loan Fonn 115.1 - Condorninium Endorsement $267.50
Loan Form 100.30 - Mincrals $267.50 l,
Loan Form 123.2 - Zoning Enalots€ment $535.00
LoanFormll0-7-ARM Endorc€eent $30.00
AUa Connitment - Sclre!fule B-I RqutuetuertJ coatinued Page4 of7
Schedule BII Exceptions
Cormibent No. 0805? I 5-C
. Cowprm*crcr roR TrrLE INstlR {NcE
ScmornrB-SrcnonII
Excprroxs
Schedule B of the poliry or policies to be issued will contain exceptions to the following matters unless
the same are ilisposed ofto the satisfaction ofthe Company.
Any loss or darnage, including attomey fees, by reason ofthe matters shov& below:
I . Any Iacts, rights, interests, or claims which are not shown by the public records but which could be
asc-ertained o'y an irspection of said land or by making inquiry ofpersons in possession thereof.
2 Easements or clairs of eas€rnonts, not sho\an by the public records.
3. Dscrepancies, coolticts in boundary lines, shortage in area, encrcachments, and any olher facts which
a correct survey woulil disclose and which are not shown by the public records-:.
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Any tien, cr riglrt to a lien fm sendces, labor or mateJial her€tofore or hereaftel fumished, imposed
by law and not shown by the public records.
Defects, liens, encumt'ranc€s, adverse clai$ or othermatters, ifauy create4 first appeadng in the
public records or attaching subs€qrent to lhe effective dato hereof, but prior to the date ofthe
_ _
pmposed irsUred acquires ofrecord for value the estate or int€rost or moltgage theleon covered by
this Cotmitsnent.
Taxes due antl payable; and anylax, special assessnrents, charge or lien imposed for wat€r or sewer
serrrice, or for any oft€r special taxi[g district.
Right of the Proprietor of a Veh or Lode lo exhact and rcmove his ore therefronq should the same be
touna to penehat" or intersect the premises, anrl right of way for ditches or canals constucted by thb
authoritSrofthe Uaited States, as reserved in United Stares Patenl rccorded July 12, t 899, in Book 48
atPa'Ee 475.
Cov€nants, conditiors, restrictions and €asem€nt provisions contained in the Protertive Covenants of
Vail village Fiist Filing recorded August 1 0, 1962 in Book 114 at?rge i ?9 as Reception No. 96381.
Cov€nants, conditions, rcstrictiors, notes; easerneuts, roservations and rights ofways as shown on the
Plat of Vail Village First Filing filed August 10, 1962 iD Plat Book at Page 50 as Recepti@ No'
96382.
8.
10. Easernent and right ofn'ay affecting lhe common areaq for gas line purposos, as granted by Vail
Associates, Ltd. io Gas Facilities, Ioc. in Agreement recorded July 24, 1964 in Book 183 atPage 157
as Re.ception No. 99710.
11. Easernent and right ofway affecting the common areas, for underground electric line purposes, as
granted by Vail Viliage Lrn, hrc, to Holy Cross Electric Association by instrltrrlent recorded
November 19, 1971 in Book 222 atPage 371as Reception No. 118024-
12 Covenants, conrlitiors, restrictiom, notes; easenrenls, rcservations and rights of ways as showt on the
Condominium Map of Villago Inn ?laza filed November I 9, 1 982 in Book 349 at Page I I as
Receotion No. 245351.
;
Comitn€ No.08O5715-C Scheihilo B-II Exc€ptions (cqtinued)
13- Covenants, coflditions, restricjions, obligations and easement provisions contained in the Declaratron
of Covenaats, Condilions and Reshictior.rs of Village hn Plaza, a Condominfum Pmjecl recorded
Novembor 19, 1982 io Book 349 at Page 12 as Reception no.24535?.
14. Covenmts, conditiors, resticiions, obligations and easemenl provisions affecting the oornmon areas
contained in the Reciprocal Easement Ageement made by and between Vail Village InrL Inc." a
Colorado corporatioq JAMM Ltd-, a Colorado limiled partnenhip; and Vail Village krr Associates,
a Colo-ado general parhership recorded January 3, 1983 in Book 351 at Page 324 at Reception No.
247662.
15. Easemmt and rigbt ofway affecting the comrnotr areas, for uriderground electric line puposes, as
granted by Vail Village km Associates to Holy Cross Electric Association by instrument recorded
January 21, 1983 jn Book 352 at Page 397 as Reception No. 248734.
16. Covenarts, corditions, rcstrictions, obligations and easement provisions contained in the Declaration
of Covenants, Conditions and Reshictions of Village I n Plaza, a Condominium Project, record€d
19, 198?ia Book 349 at Page 12 as Receptio! no.245357.
17. Covsnaals, conditions, restictions and easement provisions contaioed intls Agreemenl relating to
use of a swirming pool andrelated deck areas, rnade by and between Vail Village Im, Inc., a
Colorado corporation and Village Ina Plaza Condominium Assooiation, a Colorado nonamfit
corporation, recorded September 9, 1983 in Book 367 at Page 833 as Reception No. 264155.
l& Covenaols, conditiors, resbictiom and easem€f,rt provisions affecting the common areas, contained in
tte Corweyance of Easement for ventilation iluctwork systern purpoires, recorded July I 0, I 984 in
Book 388 at Page 862 as Reception No. 285163.
tllla Cornntll ent - Schedule B-II Exceptiont ( contkwed)Page 6 oI7
Commitnsnt No. 080571 tC Disclosure Statenetrts
DTSCLOST]RE STATEMENTS
Nobe 1: Colorado Division of lnsurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Erery litle entity shall be responsible for all matters u,4rich appear ofrecord prior to the time ofrecording
whenevertrc title entity conducB the closing and is responsibG for r€cording or filing of legal documents
resultirg from the bansaction which was closed." (Gap protection)
Note 2: Ihe following disclosures are lereby m6de pnrsuant to $ I 0l I I 22, C.R.S . :O The subjectreal properg may be located in a special taxing disbict;(i) A certificate of taxes due listing each faxing jurisdiction shall be obtained from the County
Treasurer or the Count1r Treasuret's authorized agent; and
[ii) Information regarding speciaHistricts aad the boundaries of such districts mav be obtained from
the County Comrnissioners, the County Clerk anrl Recorder, orthe Counbr Assessor.
Nots 3: Pursuant to C.R.S. $ 10-l l-t 23 Notice is hereby given
(a) Ifllere is recorded evidence that a mheErl esiate hac 6661 severed, leased or otherwise conveyed
from the surface estate then 116p* ir a substantial likellihood that a third oartv holds some or all
inhrcst itr oq gas, other minerals, or geothermal eirer3y in the property, and --
(b) That zuch mineral estate may include the righ to enler aod use the pioperty without the sffface
ownels perrnission.
Note 4: Effective Septernber l, t997, c.R.s. $30-10-406 requires that all documents received. for
recordiag or filing in the clerk and recordet's office shall contain a torp margin ofat least one inch and a
left' riglt and bottom margin of at least one-half furh the clerk and recorder may refuse to record or file
atry documenl that does not conform.
Note 5:: Our Privacy Policy: We will not reveal nonpublic personal customcr informalion tc any extemal
non-affiliated organization urdess we lnve been aulhorized by the customer, or are required by law.
AIts Conntianent - Dlsclosbes Pdge 7 of 7
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of theTown of Vail will hold a public hearing in accoidance with section 12-3-6, Vail rown
Code, on May 23, 2005, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for final review of a major exterior alteration, pursuant to Section 12-TA-12,
Exterior Alterations or Modifications, and a final review of a variance from Section 12-TA-
1 0, Landscaping and site Deveropment, pursuant to chapter 12-17 , yariances, VairTown code, to allow for the construction of a new underground parking garage and anabove ground elevator tower, rocated at 62 East Meadori Drive iTaris;;condominiums/Lot L, Block sE, Vail Village Filing 1, and setting forth details in regard
thereto.
Applicant: Talisman condominium Association, represented by Resort Design
AssociatesPlanner: George Ruther
A requesi for final review of a conditional use permit, pursuant to section 1z-7A-3,
Conditional Uses, Vail Town Code, to allow foi a professional and business office (real
estate office) for the Vail Plaza Hotel and club, located at 100 East Meadow Drive#3A/illage Inn Plaza, Phase lV, Lot M, N, o, Block 5D, Vail Village Filing 1 and settingforth details in regard thereto.Applicant: Vail Village Inn, represented by Connie DorseyPlanner: George Ruther
A request for final review of a conditional use permit, pursuant to section 12-6E-3,conditional Uses, vail rown code, to allow for construction of a Type lll Employee
Housing Unit (EHU); a request for final review of a variance from Section 12-13--4,
Requirements by Employee Housing Unit (EHU) Type, vail rown code; to allow for a
Gross Residential Floor Area garage credii; and a iequest for final review of a floodplain
modjfication, pursuant to chapter 14-6, Grading Standards, Vail rown code; located at
2883 Kinnikinnick Road/Exception to Phase ll, Vail Intermountain Swim and Tennis Club
Condominiums; and setting forth details in regard thereto.Applicant: Chuck OtgilbyPlanner: Bill Gibson
A request for a recommendation to the Vail rown council to approve, approve with
modification, or deny an amendment to the Lionshead Pubic Facilities lievelopment plan
to include the use of tax increment flnancing as provided by the Urban Renewal Law .
The.specific description and area for the Lionshead Pubic Facilities Development plan
are in the Community Development Department. The general description includes that
area north of Gore creek, west of Middle creek, east of Red sandstone creek and
south of Interstate 70 in the Town of Vail.Applicant: VailReinvestmentAuthoritvPlanner: Russell Forresl
qk.
The applications and information about the proposals are available for public inspection.' during office hours at the Town of Vail Community Development Department, 75 South/ Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
. call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Published May 6, 2005, in the Vail Daily.
Kinney
1100H
A'l Properties
(7O Dryer, Bttnonds & Associafes
355 Gand Aveirue # 4150
Los Angeles, CA 90071
DHLRealnsbte
Ted L€ach
P.O. Box 2809
Edwards, CO 811632
Patd&Bonnie 7.reger
American Design, LTD
70 S. Potomac
Amora, CO 80012
gnOrevtlPintanO
SliferManagement Co.
Suite 360
143 E. Meadow Dr-
Vail, CO 81657
Osaki's
P. O- Box 4104
Vail, CO 81658
'Phorc -T r -T
ilver Circle
657
Red Sands Corp (A. Rojas)
Phase I&tr, UBit 330
100 E. MeadowDr.
VaiL CO 816s7
LucMeyer
NicoVail,Inc.
P.O. Box 176
Vail, CO 81658
Sally Hanlon
Unit#4
385 Gore Creek Drive
Vail, CO 81657
Inn Associates
Patricia & Gerardo Schmder
725 S- Bixee St Apt. 603
Los Angeleq CA 90017
Jeffery Hanes
6420 Wedosa Terrace
Shaval'ee MiS{on KS 66208
Claggett-Rey Gallery
Bill Rey
Utrit l0
100 East Meadow Drive
Vail- CO 81657
Jay t{
8lv{aher
,|
" / QLtslh qn-
Mr. Laurence rveiss h{argaretEastwood rrust
l l pierson Dr. Marilyn M. Fleischer, Trustee c/o Kanfinan, Bernslei4 Oberman
Greenwich.cr06s3r-2523 i,L1ffi'Jfl *ot #t#H8fffi#t*
Mr. AmosKaminiski
3t5 n- og6 stree*
New York NY 10021
Mr. Herb€rt Gla$€r
719N. LindenDr.
BwcrlyHills, CA90210
Mr. RobertD llodes
P. O. Box 2761
J.Af Stoion
NewYorlqNY l0l16
RCGC-M LP
Vail m Broken Ski LLC . c/o Roland F. Nobis
43 Rocklcdge Drive l00 W. I*ng lake Rd. #220 ' P.O. Box 3l l l' Pelhar4 NY 10803 Bloonfield lfilq MI 48304 Bloomingtoq IN 47402
s.F.P.Ip
6SE9RowlandRd. #100
Rlen Prairie, MN 55344
Mr. William Amass Ms. pmicia M" Dolan Mr' Fredcrick Haynes
16 polo Field Ln. z80Meadowbrook Dr. c/o tI&\[ Properties
Denver, co 8020e-333 r Northnerd, IL 600e3-r04e ff**lffiH-1f""J[ii ,
llr. Peter Knobel r- Johannes Faessler
Crossroad East 1 LLC Sonneualp Resort of Vail
143 E. Ueados Dr.
vaiI-, CO 81657
2O Vail Road
Vai-l, CO 81657
h,{/hdDadd Bnrcknann
(7O JamesNewman
Hdffiing&I-€actr
P.O.Box2767
ldobile AJ-36552
Moaib Obsloh
2656 Davos Trail
VaiL CO 81657
fl'*t-g'-
IIOMJohnGabrH
P.O. Box 268
Pararus, NI 07653
Ricbardl.- U€bhabs
44 Westhdeadowhive
Vail, CO 81657
Chris & Jconifer Anderson Al*ed & IrtaryBater
103 AnmneDr. ,$6CircleDriveBoulder,C080302 Denver,COS0ZO6
Iv{lMJohnMoores JavierCmales MAdl{ub€rttlragnerP.O. Box 728 p.O. Box 7?t? I 405 BontonaAvenueDdMar, CAy2Ot4 Avoq CO8f62O FL Iauderrlale! F-33]JO1
Mr. Josef Staufs TownofVailSauferCommercial C/OFinanceD€pt Y*g W
_tS. fgt tvteaOow Drivq #3 I ?5 S. Frontage noa6 West I 122 Cu*iss Street
VtiL p6*S7 Va[ CO 81652 Downers Grovg IL 60515
Mrs. LuisRomero
*iv.'Sdn Isadro 44
Col. Reforma Sod4 ddMigrrcl
lt650ME)flco, D.F.
IdlM Crary Cordes
2'B' Trentino Road
Turramura, NSW 2074
Australia
Janet LByrnes
9145old ldimlfill Rd.
Cincinnati, OI{45243
bflI,{}farvin Frmk
2430 North Orchard
Chicago,IL 60614
}vf/MCiuseppeC€cdi
1209 AldebaranDive
ItIcL,€m, VA22101
Irblan S.A (Antuio dd VEUe)
C/O Bffico de Intermcional SA
€? Irdadtison Arrwrq lf n.
NewYorlqNY 10002
Il,I/Iv{M€frad Gltu*y
3200 Ckry Creek Sorsh llrive
Suite 230
Deov€r, CO8O2@
Mllv{Willimlohlson
3T5IncaParkway
T*, CO8o303
IvtMKtutLigffiratl
5293 WesrOberlinDdve
D€ntl€r, CO 80235
Geroca S.C. (RojaCC)
C/O PeakPrroperties
1000 Lionr Rklge loop, Ste. 34'
Vail, CO 81657
I\dllid Sytr/an Tdin
l0l Cheswold I^ane
Unit 5-D
Ilaverford, PA 190+1
Mr. Josef Staufer
SartrrComercial
100 East M€adow Ihive #31
Vail, CO 31657
Ivllh{A}&edo Chudraui
Privde Atonio Chedrmi S/N
Col Enciml 91180 Xalapa
Veracrua ME)(ICO
wI r04I.If
l0O East Meados Dr-
Phasem,Irnil 104,
Vail CO 81657
EnchanrdMesa@t Corp-
(/OFrd Ouo (Frm)
P.O. Box 3149
Vail CO 81657
Mr. DemeHa[ Jr.
2000 East 12tr Aventrg Bcx 4
D€n'ver, CO 80206
MMRobertIors
26SUtchford Court
St.Imiq MO 6314l
lv{/Ml{metbHordlirg
Mr. EdqmdBedle
(l/O4603 AnnawayDrive
Edin4MN55436
I\daG& S.A de C.V.
Ccrrada det Casillo No. 5
Ituixqufucan
ME)flCO
tv{/M Joseph l{einstein
TS loyce Smet
Plaimrien',NY 11803
Mr. WaldirPrado
Da51mer Corporatioa
12 VailRd. Ste. 200
Vail, CO 81657
ChartdsM.I{armon, Jr.
Traditions L.P.
ll3S0InngMeadowhive
Wd Pah Bmch, W33414 .
lvI&{ Crsnan l^flrrea
Baja California200
@Piso,06760
ME}(ICO. DJ.
Itd/MPedro R.amirs
Q-3 P€fimia Strc€r
Parque Sante Maria
SanJuar, Puerto ttlco OOS2Z
LisaJane Schdler
751BemerRd.
Allentosnn, PA 18104
lvlllv{ Tomas Zaragoza
5El3 Diamd Poirt Cr.
ElPaso, TK799l?
!l Vit'zV;lt"1e6u7 r
Vi ltaa e mn?aza-
Planning and Environmental CommissiJn l"rrn- o
,,*w ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 f ax: 970.479.2452
web: www.ci.vail.co.us
ProJect Name: VAIL PLAZA HoTEL CLUB AMEND PEC Number: PECO5oOOT
Project Description:
RECONFIGUMTION OF UNIT "CLUB'AT VA]L PLAZA CLUB
Participants:
OWNER DAYMER coRP NV 1LI3LI11O5 Phone:
1OO E MEADOW DR
VAIL
co 816s7
License:
APPLICANT ZEHREN & ASSOCIATES, INC. 0U3U2005 phone: g7}-g4g-0257
P.O. BOX 1976
AVON, CO
81620
License: C000001626
ARCHITECT ZEHREN &ASSOCIATES, INC. O1/3U2005 phone: g7}-g4g-0257
P.O. BOX 1976
AVON, CO
81620
License: C000001626
Project Address: 100 E MEADOW DR VAIL Location:
VAIL PLAZA CLUB.IOO E. MEADOW DR.
Legal Descriptionl Lotl M-O Block: 5D Subdivision: VILI_AGE INN PLAZA
ParcelNumber: 210108203003
Comments:
btKE.D
BOARD/STAFF ACTION
MOtion By: Action: STAFFAPR
Second By:vote: DateofApproval: o3lezlzoas
Conditionst
Cond: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
a pprova l.
Planner: George Ruther pEc Fee paid: g1,000.00
,q.
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
. web: www,ci.vail.co.us
General Informa$on:
Typ of Application and Fee:
E Rezoningtr Major SuMivision
g-_M'inor Subdivision-tr Exemption Plat
E Major Amendment to an SDD $6000tr MajorAmendmenttoanSDD $1250
(no exteior mdifications)
Description of the Request:
tl Exemption Plat - $650tr Minor Amendment to an SDD ZT100d->tr New Special Development District-5m-0-
tr Conditional Use PermitB FloodplainModificaUontr Minor FJterior Alterationtr Major Exterior Alterationtr Development PlanE Amendment to a Development Plantr Zoning Code Amendmenttr Variancetr Sign Variance
$6s0
$400
$6s0
$Bo0
$1s00
$250
$1300
$s00
$200
ArL
parcef No.; 2 t t, l0 hLo,,-?oa z (contact Eagle co. Assessor at 97tr32g-g640 for parcel no.)
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address!
E-mail Address:
Location of the Proposal. Lot/ilA[tlBlock:5O SuMivision:
Physical Address:
Planner: /i) project No,:
Page I of5-01/18/02
Mr*. LuirRornrro
Priv. San Isadro 44
Col. Re,forma Social, del Miguel
11650ME)ilCO, D.F.
I\4/I4 Gary Cordes
2'B' Trentino Road
Turrarrurr4 NSW 2074
Australia
Janet L Bymes
9145Old Indian lfitl Rd.
Cincinnati, OH45243
ld/I\4Marvin Frurk
2430 North Orchard
Chicago,IL 60614
Charles M. Ilanno4 Jr.
TraditionsL.P.
11380 Iong Meadow Drive
We$PalrnBsch, FL334l4
h4Ad Ge,rman Larrea
Bqia, Calilornia200
60 Piso, 06760
ME)flCO. D.F.
Itf/MPedro Ramirez
Q3 Petunia Stret
Parque Santa Maria
San Juarl Puerto Rico 00927
Lisa Jane Scheller
751BennerRd.
Allentowq PA 18104
lvlllvI Tomas Zaragoza
5813 Diunond Point Cr.
ElPaso- T)d79912
M/Ivf Alfredo Chudraui
Priv de Antonio Chedraui SA.I
Col Encinal 91180 Xalapa
Veracnra ME)ilCO
wr lo4I..lc
l0O East Meadow Dr.
Phase III" Unit 104,
Vail CO 81657
Enchanted Mesa Exempt Corp.
C/O Fred Otto (Franco)
P.O. Box 3149
Vail CO 81657
Mr. Deane }Iall, Jr.
2000 East 126 Avenug Box 4
Demrer, CO 80206
lvllIvlRobert Jones
268 Litchford Court
St. Louis, MO 63141
ldAd Kenneth Nordling
Mr. F.dwardBeadle
AO 4&3 AnnawayDrive
Edina, MN 55436
tvlaefa S.A de C,V.
Cenada dd CastiloNo. 5
Huixquilucan
ME)OCO
M{vI Joseph Weinstein
78 Joyce Street
Plainview, NY 11803
Mr. WaldirPrado
Daymer Corporation
l2 Vail Rd. Ste. 200
Vail, CO 81657
ItlflM Giuseppe Cecchi
1209 AldebaranDrive
Mclean, VA22l0l
Lublan S.A (Antonio del Valle)
C/O Banco de Internacional SA
437 Madison Avenug l?d'H.
NewYorlg NY 10022
lvI/MMchaelCinsky
32@ Cherry Creek South Drive
Suite 230
Denver, CO 80209
ld/lvt \{illiam Johnson
3T5IncaParkway
Boulder, CO 80303
IWMKirkLighthall
5293 West OberlinDrive
Deuver, CO 80235
Crcroca S.C. {Rojaqc)
C/O Peak Properties
1000 Lions Ridge Loop, Ste. 3A
Vail" CO 81657
lvl/Iv{ Syhan Tobin
l0l CheswoldLane
Unit 5-D
F'Iaverford PA 19041
Mr. Josef Staufer
Strufer Commercial
100 East MeadowDrive #31
Vail, CO 81657
!
A.J. Properties
C/O Dryer, Edmonds & Associates
355 C'rand Avenue # 4150
Los Angeles, CA 90071
Jay Huffard
8 MaherAvenue
Greenwich, CT 06830-56 I 7
DHL Real Estate
Ted Leach
P.O. Box 2809
Edwards, CO 811632
Paul & Bonnie Zoeger
AmericanDesiga LTD
70 S. Potomac
Aurora, CO 80012
Andrew Pinland
Slifer lvlanagernent Co.
Suite 360
143 E. Meadow Dr.
Vail. CO 81657
Jim Gustafson
220 Bridge Street
Vail. CO 81657
Pahicia & Gerardo Scbroder
725 S. Bixes St. Apt. 603
Los Angeles, CA 90017
Jeffery and Kay Hanes
6420 Wenonga Terrace
Shawnee Mission KS 66208
Claggett-Rey Gallery
Bill Rey
Unit l0
100 East Meadow Drive
Vail, CO 81657
(?{*-Tt.E 4^ }-- fhri c
Kinney Johnson
I100 Homsilver Circle
Vail, CO 81657
Red Sands Corp (A. Rojas)
Phase I&II, Unit 330
100 E. MeadowDr.
Vail, CO 81657
Luc Meyer
Nico Vail, Inc.
P.O. Box 176
Vail, CO 81658
Sally Hanlon
Unit # 4
385 Gore Creek Drive
Vail, CO 81657
Cowperthwaite & Co
Vail Village Inn Associates
P.O. Box 61349
Denver. CO 80206
t
M/M David Bruckmann
C/O James Newrnan
Helmsing & Leach
P-O.Box2767
Mobile. AL36652
M/M JohnMoores
P.O. Box 728
Del Mar, CA 92014
Monika Oberlohr
2656 Davos Trail
Vail, CO 81657
Javier Canales
P.O.Box7717
Avon- CO 81620
Chris & Jennifer Anderson Alfred & N,fary Baker Richard L. Liebhaber
103 Anemone Dr. 400 Circle fhive 44 West Meadow Drive
Boulder. CO 80302 Denver. CO 80206 Vail, CO 81657
flrr*-'fl-
M/]vI John Gabriel
P.O. Box 268
Paramus, NJ 07653
Mllf HubertWaper
i 405 BontonaAvenue
FL Lauderdale" FL 33301
Mr. Josef Staufer Town of VailStauferCommercial C/oFinanceDept, iffffffiTn100 East Meadow Drive, #31 75 S. Frontage Road West
vail, co g1657 vail, co gl6s7 Downers Grove' IL 60515
iffi$""ho Daf idn:gcrnthiasebord Ht#Hffi:l*""*2prwtreyRoad ldllfltfiffr,r,, n3tmlg*if "'Bridgeville, PA 15017
CbrlesRLipcon
OneBiscalreTower
suite 2480
Miami, FL 33131
Greenauer Design
P.O. Box 5963
Vail,CO 81657
Palmoe Developnent
2725 Iris Av€Nrue
Bould€r, CO 80304
GreenauerDesiga
P.O. Box2879
Avon, CO 81620
John Breyo
18 SummerfieldLane
Saratoga Springs, NY 12866
Peter Knobel Vail, PBK LLC
392Mitl CreekCircle
Vail, CO 81657
Timb€rlfu,e C,omm Holdings HSE Inveshent Partners. LLC Paricia Peeples & Anthony
12 Vail Road, Ste. 600 12 Vail Road Ste. 500 Vangalis
Vail, CO 8t652 Vail, CO 8165Z 12 Vail Roa4 Stp. +00
Vail, CO 81657
c€ntal Rockis specialists' LLc Keuy Liken" LLC vail Gateway, LLCl?VulRoa4 St€.300
Vait, CO g1657 l35l FreeportRoad 12 Vail Roa4 Ste. 600
Ptfisbqgb, PA 15238 Vail" CO 81657
Steven and Susan Marton
12858 Lamar Ave.
Overland Park, KS 66209
Jacqueline R. Knepshield
6201 Elmwood Rd.
Chevy Chase, MD 20815
Jan & Gary Scheimer
2340 Oak Hills Dr.
Colorado Springs, CO 80919
Frontier Adjusters Inc.
7100 E. Pleasant Valley Rd.
Ste. 260
Independence, OH 44131
Andres Banos
C/O Vail Realty
302 Hanson Ranch Rd.
Vail, CO 81657
Scott Bradshaw
4130 La Jolla Village Dr.
PMB # 107-125
La Jolla, C4922037
Jim & DorothyMcKnight
203 Country Club Dr.
Sterling CO 80751
Weiner, Paul Revocable Trust
c/o Rhoda Kaplan
20345. MolineWay
Aurora, CO 80014
Dean Gosper Family Trust
106 St. Georges Rd.
Toorak, Mctoria 3142
AUSTRALIA
Oynick Farnily
8994 Wildlife Loop
Sarasota, FL 34238-4000
Vail Five K LTD
303 Stratford Lane
Laredo, TX 78041
Red Avalanche LLC
CiO Vail Realty
302 Hanson Ranch Rd.
Vail, CO 81657
Vail Associates LTD
6711 Monroe St. Bldg. 4 Ste. A
Sylvania, OH 43560
Allison F. Butts
4523 Dorset Ave.
Cher,y Chase, MD 20815
Ruben Catan
Vinterra Exempt Corp.
c/o Elecom Supply Co.
3646 MdwayDr.
San Diego, CA 92110-5201
M.K.M. LLC
Paul Mourani
6091 Happy CanyonDr.
Englewood, CO 80111
Thomas P. Walsh
c/o Dakota King Inc.
3800 W. 53' St.
Sioux Falls, SD 571064223
VPP NO. 15 Corporation
CiO Daniel Abounrad
Bosque de Amates
148 Bosque de Las Lomas
ME)OCO DF 77056
9 Vail Road
C/O Martin Brotzman
11508 E. Wesley Ave.
Aurora, CO 80014
Douglas & Joanna Polzin
7304 Inverway Dr.
Village oflakewood, IL
60014-6614
Richard & Gwendolyn Scalpello
P.O. Box 160
Vail, CO 81658
Pat Parrish
8642 Gregory Way
Los Angeles, CA 90035
Ptarmigan Management
Tom Saalfeld
62 E. MeadowDr.
Vail. CO 81657
/|rr L
JimLmont Jeff Moellentine,Presideirt
;.g g1* """ Xf$ff^TYt co' LLC' Arpine standtrd
Rodcliff, co 8164e New yorrr, Ny 10017 tii [S"f8!;rosd
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Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
F?tx 970-479-2452
www.vailgov.com
March 14,2005
Mr. Tim Losa
Zehren & Associates, Inc.
P.O. Box 1976
Avon, Colorado 81620
and
Town of Vail Planning & Environmental Commission
ano
Adjacent Property Owners:
Re: Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD # 6, Vail Village Inn, pursuant
to Section 12-94-10, Amendment procedures, Vail Town Code, to allow for
modifications to the approved building plans for the Vail Plaza Hotel, 100 East
Meadow Drive/Lots M, N and O, Btock 5D, Vail Village Filing 1, and setting forth
details in regard thereto.
Applicant: Waldir Prado, represented by Daymer Corporation
Planner: George Ruther
Dear Mr. Losa, PEC members, and adjacent property owners:
on February 14,2005, waldir Prado, representing Daymer corporation, submitted an
application to the Town of Vail Community Development Department for a minor amendment to
Special Development District #6, Vail Village Inn. The purpose of the minor amendment is to
allow for the reconfiguration of the interior floor plans of the hotel.
I. DESCRIPTION OF THE REQUEST
The applicant, Waldir Prado, representing Daymer Corporation, has requested a minor
amendment to Special Development District No. 6, Vail Village Inn, to allow for the
reconfiguration of the interior floor plans for the Vail Plaza Hotel, located at 100 East
MeadowDrive. Thepurposeofthereconfigurationistorelocatetheplacementofapproved
hotel rooms and fractional fee club units within the building. Perthe proposed plans, there is
no net increase to the total number of hotel rooms or fractional fee club units or increase in
the amount of allowable gross residential floor area. No other modifications are proposed.
{-41,"""""o, *"o"
|il.
A "minor amendmenf is defined as:
"Modifications to building plang slle or landscape ptans that do not alter the baslc
intent and character of the approved specialdevelopment district, and are consrsfent
with the design criteria of this Chapter. Minor amendments may include, but not be
Iimited to, variations of not more than five feet (5') to approved sefbacks and/or
building footprints; changes to landscape or site plans that do not adversely impact
pedestrian cir vehicular circulation throughout the special development district; or
changes fo gross floor area (excluding residential uses) of not more than five
percent (5%) of the approved square footage of retail, office, common areas and
other nonresidential floor area, except as provided under Sections 12-1 5-4 (tnterior
Conversions) or 12-1&5 (250 Additionat ?RFA) of this Titte.
CRITERIAAND FINDINGS
A. Section 12-9A-2: Minor ^Amendment (staff review): modifications to building
plans that do not alter the basic intent and character ofthe approved special
development district and are consistent with the design criteria of this
Ghapter.
Staff finds that approval of this minor amendment request does not alter the basic
intent and character of Special Development District No. 6. Vail Village Inn. As
stated above, there is no net increase to the total number of hotel rooms (100) or
fractional fee club units (50) or increase in the amount of allowable gross residential
floor area.
B' Section 12'9A-10: Minor modifications consistent with the design criteria
outlined in subsection 12-gA-Z may be approved by the Department of
Gommunity Development. Notification of a proposed minor amendment and a
report of staff action shall be provided to all property owners within or
adjacent to the district that may be affected by the amendment. Notification
shall be postmarked no later than 5 day following staff action on the
amendment and shall include a brief statement describing the amendment and
the time and date of when the Planning and Environmental Commission will be
informed of the staff decision.
Notification of the public hearing and a summary of the request has been provided to
all adjacent property owners. A report to the planning and Environmental
Commission was originally scheduled for February 28, 2005. The hearing on
February 28'n was tabled to March 14, 2005, at the request of the applicant and staff.
PROCEDURE
Section 12-9 of the Town Code provides the procedure for a minor amendment to a Special
Development District. The procedure is as follows:
1 2-94-1 0: AMENDMENT PROCEDURES:A. Minor Amendments:
1. Minor modifications consr'sfenf with the design criteria outtined in
subsectrbn 12-gA-2 (definition of "minor amendment') of this Atiicle, may
be approved by the Depaftment of Community Development. Att minor
modifications shall be indicated on a completely revised development
plan. Approved changes shall be noted, signed, dated and fited by the
Department of Community Development.2' Notification of a proposed minor amendment, and a report of staff actionof said request, shalt be provided to al! property owners within or
adjacent to the special development district that may be affected by the
amendment. Affected properties shall be as determined by the
Depaftment of Community Development. Notifications snan ne
postmarked no later than five (5) days following staff action on the
amendment request and shall include a brief statement describing the
amendment and the time and date of when the ptanning and
Environmental Commission will be informed of the staff decisioi. ln att
cases fhe report to the Planning and Environmental Commission shall be
made within twenty (20) days from the date of the staffs decision on the
requested amendment.3. Appeals of staff decrsions may be fited by adjacent propefty owners,
gwners of property within the special development district, the appticant,
Planning and Environmental Commission members or members of the
Town Council as outlined in Sectrbn 12-3-3 of this Titte.
Based upon review of the criteria and findings in Section 12-9A of the Vail Town Code, staff finds
the above-referenced amendmentto Speciai Development District No. 6 is approved in accordance
with the procedures as identified in section 12-9A-10 of the Vail rown cooe.
Staff's approval of this minor special development district amendment will be reported at a public
hearing before the Town of Vail Planning and Environmental Commission on Monday, March 14,
2005, at 2:00 p.m. in the Vail Town Council Chambers, located at 75 S. Frontage RO. fhe planning
and Environmental Commission reserves the right to "call up" a staff decision for additional review a-t
this hearing.
Pursuant to Section 12-94-1 0, Vail Town Code, appeals of staff decisions may be filed by adjacent
property owners, owners of property within the special development district, the applicani, p6nning
and Environmental Commission members or members of the Town Council as ouflined in Section
12-3-3 of the Town of Vail Zoning Regulations. Should you have any questions, please do not
hesitate to contact me at 970-479-2145.
Sincerely,
*R-**,
George Ruther, AICP
Chief of Planning
Town of Vail
,@09t9, lase'l
Jim Lamont
Vail Village HOA
P.O. Box 73
Redcliff, CO 81649
Mr. HowardBergerud
Semper Development
8000 E. Prentice Avg Suite C-3
Greenwood Vifiuge CO 801 I I
IvIr. T.J. Brink
Semper Development
8000 E. Prentice Avg Suite C-3
Greenwood Village, CO 801 I I
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Mrs. Luis Romero
Priv. San Isadro 44
Col. Reforma Social, del Miguel
11650 ME)ilCO, D.F.
MM Gary Cordes
2'B' Trentino Road
Turramurr4 NSW 2074
Austoalia
Janet L Byrnes
9145old Indian Hill Rd.
Cincinnati, OH 45243
M/NI Marvin Frank
2430 North Orchard
Chicago, lL 60614
Charles M. llamron, Jr.
Traditions L.P.
11380 Long Meadow Drive
West Palm Beach, FL334l4
M/M Ge,rman La:rea
Baja Califomia 200
60 Piso, 06760
MEXICO, D.F.
M/M Pedro Ramirez
Q-3 Petunia Steet
Parque SantaMaria
San Juan, Puerto Rico 00927
Lisa Jane Scheller
751 BennerRd.
Allentown. PA 18104
M/LI Tomas Zaragozn
5813 Diamond Point Cr.
El Paso, TX 79912
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M,M Giuseppe Cecchi
1209 Aldebaran Drive
Mclean, YA221Al
Lublan S.A. (Antonio del Valle)
C/O Banco de Intemacional SA
437 Madison Avenue, l7s Fl-
New York. NY 10022
MlMMichael Glinsky
3200 Cherry Creek South Drive
Suite 230
Denver, CO 80209
Milvl William Johnson
375 Inca Parkway
Boulder, CO 80303
N{/M Ki*Lighthall
5293 West Oberlin Drive
Denver, CO 80235
Geroca S.C. @ojas,C)
C/O Peak Properties
1000 Lions Ridge Loop, Ste. 34'
Vail, CO 81657
M,4VI Sylvan Tobin
101 Cheswold Lane
Unit 5-D
Haverford, PA 19041
Mr. Josef Staufer
Staufer Commercial
100 East Meadow Drive #31
Vail, CO 81657
MMAlfredo Chudraui
Priv de Anlonio Chedraui SA{
Col Encinal 91180 Xalapa
Veracruz, MDilCO
wI 104 LLC
100 East Meadow Dr.
Phase III, Unit 104,
Vail CO 81657
Enchanted Mesa Exempt Corp.
C/O Fred Otto (Franco)
P.O. Box 3149
Vail CO 81657
Mr. Deane Hall, Jr.
2000 East 12tr Avenue, Box 4
Denver, CO 80206
M/lvI Robert Jones
268 Litchford Court
St. Louis, MO 63141
M/lvI KennethNordling
Mr. Edward Beadle
ClO 4603 Annaway Drive
Edina MN 55436
Maefa S.A. de C.V.
Cerrada del Castillo No. 5
Huixquilucan
MEXICO
M/Ir{ Joseph Weinstein
78 Joyce Street
Plainview, NY 11803
Mr. Waldir Prado
Daper Corporation
12 Vail Rd. Ste. 200
Vail, CO 81657
@o*n'Address Labels Laser 5160@
.Smooth F€ed SlreetsrM
A.J. Properties
ClODryer, Edmonds & Associates
355 Grand Avenue # 4150
Los Angeles, CA 90071
Jay Huffard
8 MaherAvenue
Greenwich" CT 06830-56 I 7
DHL Real Estate
Ted Leach
P.O. Box 2809
Edwards, CO 811632
Panl & Bonnie Zoeger
AmericanDesign" LTD
70 S. Potomac
Aurora, CO 80012
Andrew Pinland
Slifer Management Co.
Suite 360
143 E. Meadow Dr.
Vail, CO 81657
L\i(x{ lfuzn lq+tr_al
d?4"Nta'. P/i'FaE
Kinney Johnson
1100 Homsilver Circle
Vail. CO 81657
Red Sands Corp (A. Rojas)
Phase I&il, Unit 330
100 E. Meadow Dr.
Vail, CO 81657
Luc Meyer
Nico Vail,Inc.
P.O. Box 176
Vail, CO 81658
Sally Hanlon
Unit# 4
385 Gore Creek Drive
Vail, CO 81657
Cowperthwaite & Co
Vail Village kur Associates
P.O. Box 61349
Denver, CO 80206
Use temptate for 5160@
Jim'Gustafson
220 Bridge Street
Vail, CO 81657
Patricia & Gerardo Schroder
725 S. Bixee St. Apt. 603
Los Angeles, CA 90017
Jeffery and Kay Hanes
6420 Wenonga Terrace
Shawnee Mission KS 66208
Claggett-Rey Gallery
Bill Rey
Unit 10
100 East Meadow Drive
Vait, CO 81657
@o*o"'Address Labels Laser 5160@
Monika Oberlohr
2656 Davos Trail
Vail CO 81657
M/Nt John Gabriel
P.O. Box 268
Paramus, NJ 07653
. Chris & Jennifer Anderson Alfred & Mary Baker Richard L. Liebhaber
103 Anemone Dr. 400 Circle Drive 44 West Meadow Drive
Boulder, CO 80302 Denver, CO 80206 Vail, CO 81657
M/IvI John Moores Javier Canales M/IvI Hubert Wagner
P.O. Box 728 P.O. Box77l7 I 405 Bontona Avenue
Del Mar, CA9ZA14 Avon, CO 81620 Ft Lauderdale FL 33301
Mr. Josef Staufer Town of Vail
Staufer Commercial C/o Finance Dept. S,;tlT.11*tT*
l0OEastMeadowDrive, #31 zs s. nrontagefouaw"rt lt^11:55t^:.T:J ."., "vail, co 81657 vail, co g1657 L'owners Lrrove' rL ouJr)
.smoothF€edSheetsr tl** /ri-6 J>v^- fl*o Usetemptatefor5l60@
M/I4 David Bruckmann
C/O Jnmes Newman
Helmsing &Leach
P.O.Box2767
Mobile. N-36652
@nvenvo Address Labets Laser 5160@
. smooth Feed sheetsr" Ga-'1e-"ra-/ rL t!{
r'Use template fcr 5160@
Sugar Notch LP
Box479
2 Prestley Road
Bridgeville, PA 15017
Charles R Lipcon
One Biscayne Tower
Suite 2480
Miami, FL 33131
Greenauer Design
P.O. Box 5963
Vail, CO 81657
Palmes DeveloPment
2725 lis Avenue
Boulder, CO 80304
Greenauer Design
P.O. Box 2879
Avon, CO 81620
John Breyo
18 SummerfieldLane
Saratoga Spdngs, NY 12866
Peter Knobel Vail, PBK LLC
392\[rll Creek Circle
Vail, CO 81657
Da'id and cl,nthia sebold )pte.nivef ecquisition corp'
7470 Tulip Court
* CiO Manual Martinez
chanhasse!" MN 55317 905 Brickell Bay Dr' Ste' 230
Miami Beach FL.33131
Timberline Comm Hold.ings HSE Investnent Parhrers. LLC Patricia Peeples & Anthony
12 Vail Road, Ste. 600 12 Vail Road Ste. 500 Vangalis
Vail, CO 81657 Vail, CO 81657 12 Vail Road Ste.400
Vail, CO 81657
central Rockies Specialists, LLC Keny Liken, LLC vail Gateway, LLC12 Vail Road, Ste. 300
Vail, CO g1657 1351 Freeport Road l2Varl Road, Ste. 600
Pittsburgh, PA 15238 Vail" CO 81657
@o*orr Address Labets Laser 5160@
.
SnTo:h Feed Sheets'M
Steven and Susan Marton
12858 I"amar Ave.
Overland Park, KS 66209
Jacqueline R. Knepshield
6201 Eimwood Rd.
Cherry Chase, MD 20815
Jan & Gary Scheimer
2340 OakHills Dr.
Colorado Springs, CO 80919
Frontier Adjusters Inc.
7100 E. Pleasant Valley Rd.
Ste.260
Independence, OH44l3l
Andres Banos
C/O Vail Realty
302 Hanson Ranch Rd-
Vail, CO 81657
Scott Bradshaw
4130 La Jolla Village Dr.
PMB # 107-125
LaJoll4 CA922037
Jim & Dorothy McKnight
203 County Club Dr.
Sterling, CO 80751
Weinel Paul Revocable Trust
c/o Rhoda Kaplan
20345. Moline Way
Aurora" CO 80014
? /o; i pr--?
Dean Gosper Family Trust
106 St. Georges Rd.
Toorak, Yietoia3l42
AUSTRAIIA
OpickFamily
8994 Wildlife Loop
Sarasot4 FL 34238-4000
Vail Five K LTD
303 Shatford Lane
Laredo, TX 78041
RedAvalanche LLC
C/O Vail Realty
302 Hanson Ranch Rd.
Vail, CO 81657
Vail Associates LTD
6711 Monroe St. Bldg. 4 Ste. A
Sylvani4 OH 43560
Allison F. Butts
4523 Dorset Ave.
Chery Chase, MD 20815
Ruben Catan
Vinterra Exempt Corp.
c/o Elecom Supply Co.
3646 Midway Dr.
San Diego, CA 92110-5201
Use ternplate for 5160@
M.K.M. LLC
Paul Mourani
6091 Happy Canyon Dr.
Englewood, CO 80111
Thomas P. Walsh
c/o Dakota King Inc.
3800 w. 53'o Sr.
Sioux Falls, SD 57106-4223
VPP NO. l5 Corporation
C/O DanielAbourad
Bosque de Amates
148 Bosque de Las Lomas
MEXICO DF 77056
9 Vail Road
C/O N4artin Brotznan
I1508 E. Wesley Ave.
Aurora, CO 80014
Douglas & Joanna Polzin
7304 Inverway Dr.
Village of Lakewood, IL
60014-6614
Richard & Gwendolyn Scalpello
P.O. Box 160
Vail, CO 81658
Pat Parrish
8642 Gregory Way
Los Angeles, CA 90035
Ptarmigan Management
Tom Saalfeld
62 E. Meadow Dr.
Vail, CO 81657
@o**"'Address Labets Laser 5160@
JrE
Prcject Name:
Project Description:
Pafticipants:
OWNER
Project Addressl
Legal Description:
Parcel Number:
Comments:
TON'NM
Va'z Vtul''lrtY7 r
.D . I f, lt - ^- lt'A
Desisn Review Board QYrCn?k
ACTION FORM "Urr /
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail,co.us
DRB Number: DR8050048VAIL PLAZA HOTEL CHANGE
ELEIMINATION OF CHIMNEYS AND ADDMON OF 3 WINDOWS
DAYMER CORP NV
1OO E MEADOW DR
02/10/2005 Phone:
VAIL
co 81657
License:
APPUCANT ZEHREN & ASSOCIATES, tNC. 0ZlL0lZ005 phone: 970-949-OZS7
P,O. BOX 1976
AVON, CO
81620
License: C000001626
1OO E MEADOW DR VAIL Location: VAIL PI.AZA HOTEL
Lot M-O Block: 5D Subdivision: VILLAGE INN PLAZA
210108203003
Motaon By:
Second By:
Vote:
Conditionsr
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approval: 0212712005
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s),
Cond:0
(P|-AN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward mmpletion.
George Ruther DRB Fee Paid: $20.00Planner:
', r t-
't
General Information:
Description
Location of the Proposal: Ldt:
Physical Address:
Parcel No.:
l.!in or Exterior Alterations
Application for Design Review
Deparlment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 tax: 97A.479.2452
, web: wvw.vailgov.com
Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for. the particulir approval that is requested. Air application ior Design Review
cannot be accepted until all required information is received by the community Deveiopment Department. Theproject may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.Design review approval lapses unless a building permit is issued and cons,truction commences withinone year of the approval.
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s);
Name of Applicant:
Mailing Address:
Type of Review and Fee:
tr Signs
D Conceptual Review
E New ConstructionD Addition
I Minor Alteration
(multi-family/commercial)
n l"linor Alteration
(single{amily/duplex)
ts-.€nanges to Approved plans
tr Separation Request
$s0
No Fee
$5s0
$300
$250
$20
Plus $1.00 per square foot of total sign area.
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board. I
No Fee
Page l of 12104/28104
E
VVI///"hot*rc
3799 HTGHWAY 82 . PO BOX 2t50
cLENWOOD SpnrNGS, COtOna.OO erroz
(97O)945,5491 . FAX [970)945-408]
March 15, 2005
Mr. Chuck MacDonald
Vail Plaza Development, LLC
c/o Shaw Constructionlll Kalamath Street
Denver, CO 80223
RE: Vail Plaza Hotel
Dear Chuck:
Jeffrey P. Vroom,
Engineering Technician
Enclo sure
VO#05-l 8998: 5?-63 : Vail plaza Hotel
Yt',r r
APF 1 2iC5
IEHRTN & ASSOCIATES
.:: Ir i;*r rr
Enclosed please find an updated Trench, Conduit, and Vault Agreement, a new TransformerAccess Agreement, and a new Underground Exhibit Easement_- please have these documentsproperly executed and return the originals to me ar your earliest convenience- Once Holy CrossEnergy is in receipt of all the documents in proper form, then the material can be released foryour construction.
Please contact me with questions and concerns.
S incere lv,
HOLY CROSS ENERGY
(/r*,"--
V.da\vroon\Macdonaldl
A Touchstonc Eneqr'C,bprra.ive KD
TRENCH, CONDUIT, AND VAULT ACREEMENT
Jhrs agreement is made and entered into this dav ofb€twe;nvAiLpLeznoevelopl,rrlri,"iiti'"'c;;aA-nliJii,m,'?X;in-"-q'
Suit€ 200, Vail, Colorado 81657, hereinafter called "owner', and holy- Cross' Endigy, " coiorado-.orporarion whose mailingaddress is P. O. 8ox 2 I 5 0, Clenwood Springs, Colorado gt e'02. h"r"ift.r. cutted .{6iy Crosi,.
WHEREAS, Holy cross has been requested by owner to p.ovide underground electric facilities, hereinatrer called "Facililies',to serve a project known a5 Vail plaza Hotel, hereinafter called "projecl"; and,
y!11q!, owner is requifed lo proa/ide all €xcavation, conduit and vault installation, backfill, (ompaction and cteanupneeded to construct said requested Facilitie5: and.
Yl_'ltf: Tl"-t.:lll ll"l qlop"ttv described as follows: Those Portions of Lors M, N, and o. Block 5-D, vait vittage First
ili:l':t-!?tt*9 to the Map th€reof, siluated in Section 8, Township 5 South, Range 80 west of the 6rh p.M., said p;rtions
oerng more partlcularly described as Patc€l I and Parrel 3 at Reception No. 899981, and said Map being more parttcularlyde.sctibed at Reception No. 96382, all in the office of the eugG colnty clerk and Recorder, Eagle; col;rado, hereinaftercalled.Property", which Property is the real property where ihe project is being dev€loped: and,
WHEREAS. installation of Facilities. to serve the Project may require trenching or other excavation on cer1arn rear properryadjacent 10 the Proiect described as follows: c,i"r"ao beplrt*ent of Transponation U.s. Interstate 70 Right,of-way,hereinafter called'Adjacent Land'
Now, THEREFORE, owner and Holy Cross agree as follows:l g*n:.t shall provide all excavaliofl, c-onduit and vault installation. backfill, compaction and cleanup necessary forinstallation of Facilities to serve the Proj€ct. such excavation shail be locited ii srrown on t-h" .onr,.r.,,on pt"n,approved by HolY cross, and performed in accordance with Holy Cross vault inttattition sp-eciiicatont, constructionspecifications and inspector requirements. Any deviation froni the approved construction plans will not be madeunless approved.bv.Holv cross in advance. All F;cilities insrallid trereuiiei rr'iti6.-i'nip"ii.a-d;ring construction byHolv cross and shallmeet all Ho.ly cross requirements prior ro acceptance ot sucl raciiiti"s ty iJy crorr.a Prior to commencement of anv work hereundei, Holy crois shatt furnish iJ o*ni,i its vaulr tnslallation. Specifications and construQion specifications and 5uch specificarions are maa" " la.t-tteiiof Uy rererenc".b 1ll,,t:.1!!!: ilstalled within the i'roperty and ealacent fand shal be wirhin deditated or conveyed and r€cordeduI ttY easementsc The-top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the groundsurface-d A. twelve'inch (12") minimum separation will be maintained berween conduits installed for rhe Facilities and allother new or existing underground utilities. wherever possible, this separation will b; ho;izonrat. The Facititiesconcult !eparatlon trom plastic gas lines shall be greater than lhis mtnimum wherever oracticable.e nory Lross wrll supply the- necessary conduit and vaulrs for installation by the Owner upon comptetion ofcontractual anangements. -owner assumes responsibility for all material lost or aimiqeJlftl, such marerial hasbeen issued to and sioned.for by owner or- by an agent of owner. arteinaiiverv, o'wnei may provide its ownconduit and vaults meiting Holy cross specificitions'?ti ,se on trre rrojeci anJ'.iir""-v lrir, prouided mareriat toHoly crosr with an acceptable Eill of Saie. After installation bv itt" o.irn".-"'na iiie;ti"i; Lv Hoty cross, Hoty, cross shall continue as the owner of the conduit. vaulrs and relarid strr.tur"t .nJ Jiiiiitiir.-- '
f lf conduit and/or vault installation provided by o*^;ii; the project irJiornaio ri" unusable or improperly
f:::1,-:^.T1-l.j::Pectlve of whether such discovery_is made durins ii itt". initiirarion, b*nir *l be r€sponsibteIot correcllng sal0 problems al its expense as specified by Holy Cross and Owner shall reimburse Holy Crois for alladdilional costs resultinq from conduit and,/or vault instailation b€ing unusable or irprof"r-tfionstructeo.t
9^".y^'-,: :l:-,f::,- t-hl,Holy tross .reservs ti " iigrri-ro slecity a(ceprabte work p€rformed hereunder, owner shatlpenorm work hereunder as an independent conlractor, including,.bui not limited to, the hirjng ind firing of its own
!lfl!Y1e-sr. oroliaing ils own tools and €quipment. payment or a[ wagcs, raxes, insurance, employee wirhholdings,ano rees connected w;th its work on the proiect.3 owner shall obtain all necessary.digging permits and utility locations prior to excavation for work performedhereunder. owner shall repair all'darn-a-qe"c"'ri"a Jurin! atiau'.uon promptly and at lts expense. No excavation willbe undertaken wirhin five (5t feet of exiiting undergrou-nd etectric facilities except under the on site supervision of aq(]alified Holy Cross emDlovee4 own€r shall indemnifY. save. and hold iarmless Holy cross, its employees and agents, against afiy and all loss,liability, claims, expense. suits, cduset or action, or juiq;;tr io.- o"."q"s to property or injury or death ro persons
l11l-may arise out of work pertormed hereunder.'or 6ecaure of a bre-ach "ii"i li'ttr" p'.ir,i1ir.r..ou"n"nrs andagreements herein made bv the own€r.. owner shall promptly defend Holy croti J"tr""""iri"-gii proceedings of anykind are brolsht
-asainst it arisine.our of wort< pertorniea #;";;;;;. l; fii ;;;; il;;;;"iii"ii ro pro;;1prry o"rendHolv cross, it shall be liable to Holy cross, and'slari reimbuise it, for att coiti, ixp;;;;;;;;t;;""y fees incurred In
9,{qtdlqs anv such leq-al proceedins. owner asrees io iiiiirv, baf, "no aislt'ifi -i lniltiluogments ano tinu,rendered againsl Holv cross arising out of ary s-uch proceedinqs. uwner atso agrees to promptly saiisfy ana piv "nimonetary senlements of disputes that arise hereunder, provide-d owner tr"t u."n" given irr-e lpfo.irntty to ioin in ,u.tsettlement agreements. The abov€ indemnification ilause shall nor apply to tt-"t" ana
-lolii-governments
or localservice districts ln lieu thereof, whenever owner is a government or aiiiriir it shall procure indmainuin in effect atleart $1,000,000 of public liability- insurance coveriig rtr! acts, damaqes and eipenses described in the aboveindemnification clause. uDon Holy Cross' reqrest, su.h'" owner itratt tuinistr a certiric.iilr-i,ir-rrun." verifying rhe_ existence of such insuranc! coverage.5 owner shall repalr, at its expense, any excavation settlement and damage to asphalt pavinq or other surfaceimprovements caused bv suctr lg1leqe1i resulting from worklerformea rreriunJer wittrin'tr{"-'pirip..tv and Mjacent
^ H:j^9r^1 q:j,od _of-trao
(2) y.ears besinnins on rhe-date baclfiit'ind cteanup "tu .;;pi"i;a. - - ' -o. uwner, at rrs €xpense, shall stop- the growth of thisde5 and,/or other noxious weeds in all areas disturbed byexcavation performed hereunder for a -period of wo (2) ytils tesinninf ;;irri' j.t" t"iiini'i ;;d;[;;t ";;completed.7 ln lhe event owner shall not oromptly, compl€te all.of the obligations h€reinabove agreed to be performed by owner,Holy cross mav give wrinen notice by registered or cenifie'J mair aeminainf o-w""i t" Ii,ipi.t" th€ work andobligations undenaken bv o',vner herein, arid if such is noi comptereo wittrin-10- aays'iitei reieiit oi ,ir.h ;;t;d;towner, Holv cross mav comDlete the work and obligationi irereir. tr i"ri cirtiiir.ll i-" i.i"ii"o ,o comptete thework, all cosrs of completion shall be chargeabte to iia coffe.iitL from owier
VO#05-18998:52.61: Vait ptaza Horel:f ..t 5-05 veda\V.oom\Mrcdodldl Page I of 2 Revised 7-7-04
8 A5 set forth in.paragraph l. above, owner covenanls that the rrench, and all Facilities within rhe trench installedhereunder shall be located within dedicated, or conveyed ana iecoraea uiittty
""rern"nri ini ii tt "
prop", oepth belowfinished grade lt shall be the-obhqalion of o**r td piop".iy tocate and construct the Facilities within the easement_should it ever be discovered rhatiuch Facilties havi nJibeen properly located within J"oi.it"o or conveyed andrecorded lrility easements, or,at the proper deprh, it shali ue rtre ouiigaiion of od;; i" ;;;;; nerv easements forthe actual location of the Facilities, oi to relocate ir't. i"iiiitt"s wirhin the easement, all of which sha be at the solecost and expense of Owner.9 lj- t!"11- 9t owne& responsibility to.ensure that splice vaulrs, switchgear vaults and lransformer vaults installedhereunder on the Propertv are accessible by Hoty cross boom trucks -aniotrt"i ^Ji-"ril.v ui"tii"n, and personnel atall times lhe use of surh access by Holy cross shall not require removal or altei-ation'oi any rmprovements,landscaping, or other obstrucrions rni groind iurru." qtrd. shart not be arter€d within ten (ro) feet of said sprice,switchqear and transformer vaults, nor al-on9 the por", iin" route between the vaults. rhe giound surface grade alsaid transformer and swit.hqear vautrs shafl-be sii tej incrres uetow-ttre i;; ;;i#;;J. irl'" "srli,"o surrac€ grade arsaid.splice vaults shall be evin with the top of the pu.i. irr. r"nnor" openinq of said splice vaulrs shall be uncovered(excluding snow) and acressible at all .timJs. rrpr,i*re^ir', lanoscaping or any other objects placed in the vicinity ofsaid transformers and swilchg€ar shall be locateb so ii iioiio-trrnoer comptete opening of the equrpment doors. Theground surface within ten {to) feet of saia transformei-ind switchgear doors shall be flat, tevet and fr€e ofrmprovements landscaping, and other obstructions. tmprovements,.la-ndsa"ptng ";Jo,iar ol1ects will be kept amlnimum ot four (4) feel from non op€nrng sides and backs or saro rfanslormers and 5witchgear. owner herebyagrees to maintain the reouirem-€nts of this paragraph and funher agree5 to cor.ect any violations that may occur assoon as notified bv norv cioss. said correct;dns r,iiri'ue raaeli tte s6t" cosi ana ;i;;";";; a;;;.I 0' lf at any time in the futur€ the colorado o"p".,rn"n, oirr"ntpo.,ation or any gov€rning body with Jurisdiction, or anyof their respeqtive successors and assigns, ,"qrlr"r ttr" i"ioiJti"n of any of said Facilities rhat have been install€d
- - within their respective foad righrof-ways, such relocation shall be at the sole cost
"na u"p"nie ofthe owner.l'l All Holy cros5 meter locationi must be approved in advance. Notwithstandinj such "a""-"i" "ppi"*r it shall be rheowner's responsibiljty to maintain ".cepiab{e access. as determined solely by-Holy crors, to Ji lJy cross met€rs atall limes At anv tim e in the f uturq should ac."ss to any ttoiy iior, rneter, 6e deierm inea ty ioly cross to beunacceptable, then it shall be the.ownet's responsibility, at rhe owner's tole.ost, o ior*iirt"li..t, and make it
_ _ a-cceptable, as determjned solety by Hoiy Cross.
| 2 owner covenants that it is the ownir ofihe above described Propeny and that sard property is free ancl clear ofencumbrances and liens of any character, exc€pt lhose held by ihe fbltowing:
The promises, agreements and repre5entations made by owner herejn shall be covenants that run with rhe propertyand 5hall b€ binding upon rhe successors in tnterest, arid aisilns, of tfre eiooerir
Th-e individual signing rhis Trench,. conduit and vault Agre€ment hereby represents that he has full power andauthority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation VAIL PLAzA OEVELOPMENT. LLC.
a Colorado limited liability company
BY:
WALDIR PRADO, MANACER
Bv:ffi
Electric Operations and Engineering
STATE OF
couNTy oF- , )ss
WTN€SS my hand and official seal.
My commission exoires:
5TATE OF
Notary Public
Address:
couNTy oF _ , )tt
In"Jg1.no.'n^n instrumenr was acknowledged before me this 2 0_,. ,,! ,v, cyvrrg rr)Lr urnenr was acKnowtedged before me this _ day ofby Richard D. Brinktey, Generat uanagii "i id;;;; ijo"r",i"* -""0
Engineering of Holy Cross Energy, a Coloraoocorporation.
WTNESS my hand and official seat.
My commi55ion expires:
Norary Public
Add ress:
WO#05.18998:S 2-61: Vait piaza Hotet:3.15_05
Trench, Conduit and Vault Aqreement
Holy Cross Enerqy
vrda\v.ooD\Ma.donaldl Page 2 of2 Revis€d I t-2-04
HOLY CROSS ENERCY
UNDERCROUND RIGHT-OF.WAY EAS€MENT
KNOW ALt MEN By THESE PRESENTS, rhar the undersigned,
VAIL PLAZA DEVELOPMENT, LtC, a Cotorado limited tiabiliry company
(h-ereinafter called "crantor')' for a good and valuable consideration, the receipt whereof is hereby acknowtedged, doesherebY qrant unto Holv cross Energy,-a colorado corporation who;e p;;i;ffii. ;Jo-t:"*'ii p. o. ilr)r s0, crenwoodsprings, Colorado (hereinaftet rallid "crantee"l
"na t'o iii'suii"isorc uno "rsgnr, rhe rght of ingress and egress acrosslands of Crantor, situat€ in the Countv of eagle. lritelitoi"-r"IoJo.r.rired as follows:
Those Portions of Lots M, N, and
-o,
Block 5-o, vail village First Filing, according to the Map thereol, situatedin Section 8, Township 5 south, Range 80 west of the 6-th P-M., said Portions b-elng rnore iantcutarty describedas Parcel I and Parcel I at Re-ception No. 899981, and said Map being more paniiilirty aJr.rb"o "t ReceptionNo. 96382, a in rhe office of the Eagt€ County Cierk and necoider, e-agte, a;;r;;;- ' ----
And, to construcl.. reconstruct, repair, change, eniatge, r€ phase, operate. and mainlaan an und€rqround electrictransmission or distribution line. or both, witt'.tt'e uid!rgiouna uaiiris, .onJ"ir, ;;i;;;;;*il;;:nt used or useabte inconnection therewith, logether with associaled equipmerit required above ground, wirrrin rrri a6oJe mentioneo lands, uponan easement described as follows.
An Easement containino undero.ound power lines with above ground pad mounted equipment as constructed,lhe location of said Easiment ripon the above descriuea propeity ii snown on Exhibit A anached hereto andmad€ a pan hereof bv reference.
The rights herein granted specifrcally allow crantee to install addirional underground and/or pad-mounted facilities withinthe easement described herein
It shall be th€ crantor's r€sponsibility to ensure that splice vaults, switchgear vaults and transformer vautts iostalledhereunder on said real propertv are iccessible by cra'ireil ooonj trucrs ina olhe; n;;;s;;t;;riprn.nr
"no
personner atall times The use of such access by crantce itrall nJr i"qri* r"ro*l or alteration of any improvements. landscaping. o,o-th-er obstructions. lheqround surface grade rhall not be alrered wirhin ren trol reit oi iilalpri.., ir",t.rrgu".
"narranstormer vaults. nor alono the pow€r line route between the vaults. The ground surface sr"i"ij;,0 transformer andswitchgear.vaults shall be sii (6) iirches uelow trti top oi iiie p-aallie qrorno surface grade ar said splice vautrs shall beeven with the top ofthe pad The manhole. openinq ;f said sfliie vauhs shall be uncovered (excluding snow) andaccessible atall times. lrnDrovements, landsiaping-or any other ooiecJ iiii"Jin t'" "i.iiiti Jf-rlij t"r"nrrorn.ers anaswitchgear shall be iocated to as not to hlnder cori ptete.6pen ing oiin"
"qu,pr_"nt
doors. The ground surface within ten(l 0) feet of said transformer and switchgear doors itratt ue fiat, ieu.l ano rree ot rmprov€ments, landscaping, and otherobstructions.
. lmprovem€nts. landscapiig ano othei oo;ects wiir'ue iept a ]ninimu; of four (4)'feet fiom non-openrngsides and backs of said transform€rs ind switchgear. frantor hereby agre€s to maintaan the requirements of thisparagraph and further aqrees to correct any-violitions which may oiiur-as soon as notifieJ t il;G;. said correclionswill be made at the sole cosr and eroens" 6f ci.nioi
Together lvith the right to remove
_any and all trees, brush, vegetation and obstructions within said eas€ment and the rightto pile spoils outside said easemenr during construcrion and ,iaintenance, wh;;;;;h ir';";;;;;Iy ;iessary for rheimplem€ntation and use of the rishts hereinabove qranteJ. l" "reii wrr"* ir"giiiti",i ;; ;;;;;;;j 6;. above describedu-se ,of the easement the-ground iurfa." stt"iiue si"aeJ rsingl siana_".0 nar-ive mix by Grantee. c."nio, "9."", ,narlands€aping or other surface improvements added on t",a eaimeni attei it . uit" Jr ii"i,iii"-":r,#lii"irr be minimizedand that crantee will not b€ resoon_sible for damagi roiaia .aJiiiJi"r ranascalin! or ir.i"ce-i,niioiirent, causea uyexercise of its rights granted by thrs easement_
crantor agrees that all facilities installe-d by crant€e on the above described lands, shall remain the property ol Grantee,and shall be removable at the option of Grintee.
crantor covenants that he is rhe owner of the above described lands and that the said lands are free and clear olencumbrances and liens of whatsoev€r character, e*c"prtf,or" t "fa Uy rtre followin!:
TO HAVE AND TO HOLD. said rbhngl,*_1l_i19,:"sement, togelh-er with all and singutar, the rights and prNrlegesappeftaining thereto, unio Graniee, its successors and assiqis, forever.
lN WITNESS WHEREOF, Crantor has caused these pre^sents to be duly executed on this -"- day of
20
The individual.signing this Holy cross Energy.Und€rground Righr-of-Way Easement hereby r€presents that he has fullpower and amhority to sign, exe€ute, and Jeliver this instrumini-
VAIL PLAZA DEVELOPMENT. LLC.
a Colorado limited tiability company
WALDIR PRADO. MANAGER
By:
ryO*Os-t 8998:52.6t: Vail plaza Hotet:l-t 5-Os veda\vroom\Ua.donddl Page I of 2 Revised 9 l4-04
STATE OF )
) ss'
couNtY oF )
The foregoing anstrument was acknowledged befor€ me this _ day of _.20=-, bY WALDIR PRADo as Manrger of VAIL PLAza EEVE-evtorurrur, tLC, a cotorado limired liabitity company
WITNESS my hand and official seal
My commission expiresi
Notary Public
Address:
vo#05-l8998:52-63: vail Plaza Hotel:3-l 5-05 vedavr@m\Ma.dotrardr page z of 2 Revised 9,14-04
TRANSFORMER ACCESS ACREEMENT
Ill: 191*.:lf"^t.,::'.'a_de and entered iTlo,h,: _, . _ d1y of_between VAlt FLAZA DEVELOPMFTT rri l i^-i=;,_,.Ii',,"^i-,20-nrn,- \,-,r I, L-LL, a LototaOo ttmited liability comDanv whose merti.. ..r.r^_i
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VAIL V]LLAGE, FIRST FILING
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PHASE I & II CONDOMINIUMS
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LINE LENGTH BEARlNG LINE LENGTH BEARING
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LOT O, BLOCK 5_D, VAII ULI.AGE lST FIUNG
WN OF VAIL, EAGLE COUNTY, COLO
sTATE OF )
couNwoF- , ) ss'
WTNEsS my hand and official seal.
My commission expires:
The foregoing instrument was acknowledged before me rhis _ dav ofby WALDIR PRADO as Manager of VAIL pLAZn OeVelOeUfruf JLEJ Coiri"ao f iritea f ,"O,f ttv ."lnr"v 2 0_,
Notary Public
Address:
SIATE Or )
The foregoing instrument tryas acknowledged before me this _ day otby Richard D. Brinktey, General Manager - Regulared services ot Hi-ry-i;o;; firrt;Zolo,"do coro"{ilo.
COUNTY OF
WTNESS my hand and official seal.
My commission exDires;
Notary Public
Address:
WO#05-i 8998:52-63:Vait plaza Hotel: 3-14-OS v.dewrooh\Macdohardt paqeZoIZ Revised 3_14-05Transformer Access Agreement
Holy Cross Energy
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INN, TO ALLOW FOR ATHREE.YEAR TIME LIMITATION ON THE EXPIRATION OFAPPROVAL
OF ORDINANCE NO. 21, SERIES OF 2001, AND SETTING FORTH DETAILS IN REGARDS
THERETO.
WHEREAS, Title'12, Zoning Regulations, Section 12-9A-10, Amendment Procedures,
Vail Town Code establishes a procedure for amendments to established special development
districts; and
WHEREAS, on September 4,2001, the Vail Town Council approved Ordinance No. 21,
Series of 200'l , adopting a revised approved development plan for Special Development District
No. 6, Vail Village lnn, to allow for the construction of the Vail plaza Hotel; and
WHEREAS, Waldir Prado, on behalf of Daymer Corporation, has submitted an
application to the community Development Departmenl to amend section 6, Aporoval
Expiration:Time Limitations, Ordinance No. 21 , Series of 200.1 , and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on March 24,2003, on lhe amendment in accordance with the provisions of the
Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission ol the Town of Vail finds that
the amendment request complies with the design criteria prescribed in the Title 12,loning
Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
forwarded a unanimous recommendalion of approval of this amendmenl 1o the Vail Town
Council; and
WHEREAS, the Vail Town Council finds that the amendment request complies with the
Ordinance No. 7, Series 2003
i'-.t]..-
Oesign
-c'litefia
RlgsciineO in the Tille 12, Zoning Regulations, Vail Town Code; and provides a
harmonious, convenient, workable relationship among land uses consistent with municipal
development objectives; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt this amendment to Ordinance No. 21, Series of 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT;
Section 1. Section 6, Approval Expiration: Time Limitations, Ordinance No. 21 ,Series
of 2001 , is hereby amended as follows:
(deletions are shown in s{+ikethreugrh; additions are shown in bold)
The Developer must begin initial conslruction of the special development district by no
later than l'+af+*gOg September 4,2004, and continue diligently loward the
completion of the project. lf the Developer does not begin initial construction and
diligently work toward the completion of the special development district within the time
limit imposed above, the approval of said special development district shall become null
and void.
Section 2. lf any part, section, subsection, sentence, clause or phrase ol this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections'
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the heallh, safety and welfare of the Town of Vail
and the inhabitants thereof.
Ordinance No. 7, Series 2003
I
t
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall nol affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment ol any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsislent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretolore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 1't day of April, 2003 and a
public hearing for second reading of this Ordinance set for the |5'h day of April, 2003, in
the Council Chambers ol the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND oRDERED PUBLISHED this 1Sth dav
of April, 2003.
ATTEST:
Ludwig Kurz, Mayor
Lorelei Donaldson, Town Clerk
Ordinance No. 7, Series 2003
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
March 10,2003
A request for a final recommendation of a major amendment to Special
Development District No.6, pursuant to Section 12-9A-10, Amendmenl
Procedures, Vail Town Code, to allow for a change to the existing
conditions of approval (Ordinance No. 21 , Series of 2001), located at 100
East Meadow Drive/Lots M, N, & O, Block 5-D, Vail Village First Filing.
Applicant: Waldir Prado, Daymer CorporationPlanner: George Ruther
SUMMARY
The applicant, waldir Prado, is requesting a major amendment to special Development
District No. 6, Vail Village Inn, lo allow for an amendmenl to Section 6 of Ordinance No. 21 .
Series of 2001 . The staff is recommending approval of the applicant's request wilh a
m.odiflcation to the expiration date. Staff recommends that the date be modified to comply
with the three-year time limitation prescribed in the Vail Town Code from the date of ihe
approval of ordinance No. 21, Series of 2001. To go beyond three years from the date of
approval may result in a grant of special privilege.
DESCRIPTION OF THE REQUEST
The applicant, waldir Prado, is requesting a major amendment to special Development
District No. 6, Vail Village Inn, to allow for an amendment to Section 6 of ordinance No. 21 ,Series of 2001 . According to Section 6, Approval Exoiration:Time Limitations. of Ordinance
21, Series of 2001,
'The Developer must begin initial construction of the special development district by
no later than May 1, 2003, and continue diligently toward the completion of theproiect. lf the Developer does not begin initial construction and diligently work
toward the completion of the special development district within the time timit
imposed above, the approval of said specia! development district shalt become null
and void."
lf9_applicant is requesting that the expiration date of the approval be amended to May 2,2005. The applicant contends that due to claims and litigaiion brought against Oaymei
Corporalion and the Town of Vail, he has been unable to begin initial construction and
continue diligently toward the completion or the hotel project and that failure to amend the
expiration date unfairly limits his ability to act upon the Town's approval.
|[.
o
BACKGROUND
The original approval of the request for a major amendmenl to Special Development District
No. 6, Vail Village Inn, occurred pursuant to Ordinance No. '1 , Series of 2000, dated January
18, 2000. The expiration dale of Ordinance No. 1 was January 18, 2003
Ordinance No. 4, Series of 2000, repealed Ordinance No. 1 and adopted a revised
approved development plan for Special Development District No. 6. The expiration date of
Ordinance No. 4 was May 2, 2003
Ordinance No. 2f , Series of 2001 was approved to adopt a revised development plan for
special development district No. 6, Vail Village Inn, to allow ior the conslruction o{ the Vail
Plaza Hotel. The purpose of the ordinance, in part, was to respond to an alleged error in
public notification of a previously held public hearing on Ordinances No. 1 and 4, Series of
2000. Ordinance No.21 was approved upon second reading on September4,200l . The
approved expiration date of the ordinance is May 1, 2003. This date was selected to remain
consistenl with the expiration date of Ordinance No. 4, Series of 2000.
THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENTAND REVIEW PROCESS
Chapter 12-9, Vail Town Code, provides for the amendmenl of existing Special
Development Districts in the Town of Vail. According to Section 12-9A-1 , Vail Town Code,
the purpose of a Special Development District is as follows:
'To encourage ftexibility and creativity in the development of land, in order to
promote its most appropriate use; to imprave the design character and quality of the
new development within the Town; to facilitate the adequate and economical
provision of streets and utilities; to preserue the natural and scenic features of open
space areas; and to further the overatl goals of the comnlunity as stated in the Vail
Comprehensive PIan. An approved development plan for a Special Development
District, in conjunction with the properties underlying zone district, shall establish the
requirements for guiding development and uses of property included in the Special
Development D istrict. "
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District. The development plan shall contain all
relevant material and information necessary to establish the parameters with which the
Special Development District shall adhere. The development plan may consist of, but not be
limited to:the approved site plan; floor plans, building sections, and elevations; vicinity plan;
parking plan; preliminary open space/landscape plan;densities; and permitted, condilional,
and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmenlal Commission and Town Council as part oi the formal review of
the proposed development plan. Unless further restricted through the review ol the
proposed Special Development District, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
lv.
The Town Code provides nine design criteria that shall be used as the principal criteria in
evaluating the merits of the proposed major amendmenl to a Special Development District.
It shall be the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following slandards, or demonstrate
thal one or more of them is not applicable, or that a practical solulion consistent with the
public interest has been achieved.
V. CRITERIA FOR REVIEW
A. Design compatibility and sensitivity to the immediate environment, neighborhood and
adiacent properties relative to architectural design, scale, bulk, building height, butfer
zones, identity, character, visual integrity and orientation.
No changes to the approval are proposed.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
No changes to the approval are proposed.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
No changes to the approval are proposed.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design plan.
No changes to the approval are proposed.
E. ldentification and mitigation ot natural and/or geologic hazards that affect theproperty on which the special development district is proposed.
No changes to the approval are proposed.
F' Site plan, building design and location and open space provisions designed toproduce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
No changes to the approval are proposed.
G. A-circulation system designed for both vehicles and pedestrians addressing on and
off-site traff ic circulation.
No changes to lhe approval are proposed.
H' Functional and aesthetic landscaping and open space in order lo optimize and
preserve natural features, recreation, views and functions.
vl.
No changes to the approval are proposed.
Phasing plan or subdivision plan that will maintain a workable, functional and
elficient relationship throughout the development of the special development district.
The approved phasing plan would have permitled the applicant to begin initial construction
by May 1, 2003. However, procedural due process claims and litigalion againstthe Daymer
Corporation and the Town of Vail prevented the applicant from acting diligently upon the
approval. Even had the applicant acted upon the approval and continued forward in spite of
the pending litigation the Community Development Department would likely not have been
able to issue permits for demolish and construclion due to the pending litigation.
At this time, the plaintiff in the case, Charles Lipcon, has filed a Notice of Appeal with the
Court of Appeals expressing his intent to appeal the decisions of the lower court. As only a
notice has been filed, it remains unclear as to which of the decisions is being appealed.
STAFF RECOMMENDATION
The Community Development Departmenl recommends that the Planning & Environmental
Commission forward a recommendation of approval with modifications to the Vail Town
Council of the proposed major amendment to Special Development Districl No. 6, pursuant
to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for a change to the
existing conditions of approval (Ordinance No. 21 , Series of 2001), located at 100 East
Meadow Drive/Lots M, N, & O, Block 5-D, Vail Village First Filing' The Staff's
recommendation of approval is based upon the review of the crileria outlined in Section V of
this memorandum and the evidence presenled.
Should the Planning and Environmental Commission choose lo torward a recommendalion
of approval of this request, staff recommends the following condilion be made as part of a
motion:
1. ThatSeclion 6,Approval Exniration:TimeLimitations,of OrdinanceNo.2l ,Seriesof
2001 , be amended to read,
"The Developer must begin initial construction of the special development district by
no later than September 4, 2004, and continue diligently toward the completion of
the project. lf the Developer does not begin initial construction and diligently work
toward the completion of the special development district within the time limit
imposed above, the approval of said special development district shall become null
and void.".
prior to first reading of an amending ordinance beiore the Vail Town Council.
Should lhe Planning and Environmental Commission choose to forward a recommendalion
of approval of this iequest, staff recommends the following finding be made as part of a
motion:
1 . That the applicant has demonstrated compliance with the following standards or has
demonstrated that one or more of them is not applicable:
A. Compalibility: Design compaiibility and sensitivity lo the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
B. Relationship: Uses, activity and density which provide a compalible, efficient
and workable relationship with surrounding uses and activity.
C. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 10, VailTown Code.
D. Comprehensive Plan: Conformily with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: ldentification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
F. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
G. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-sile traffic circulation.
H. Landscaping: Funclional and aesthetic landscaping and open space in order
to optimize and preserve natural features, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development of
the special development district.
VII. ATTACHMENTS
A. A letter from connie Dorsey/Daymer corp to George Ruther, dated February 4,
2003.
DATE:
TO:
FROM:
SUBJECT:
DA\MER CORPORATION, N.V.
100 East Meadow Drive, Vail CO 81657
(phone) 9?0.476.5622, (facsimile) 97 0.47 6.4661, (ernail) wi@.vail.net
Memorandum
February 04,2003
George Ruther
Connie Dorsey/Daymer Corp
Request for a meeting before the Vail Town Council and a request for an
arnendment to Ordinance #4 Series of2000
I understand that Daymer Corporation is on the Vail Town Council's agenda for the
evening of February l8'o. Daymer Corporatiog N.V. will be represented by N{r. Waldir
R. Prado its principal.
At your request flris memo is to serve as Daymer Corporation's request to appear before
the Vail Town Council for the purpose of obtaining an amendment to Ordinance #4
Series of 2000 "Section 5"(3) to read as follows; The developer must begin initial
construction of the special development district no later than May 02,2005, and continue
diligently toward the completion of the project.
Reason: The ongoing litigation has prevented Dayner Corporation from moving forward
with the construction of the "Vail PlazaHotel'. (please see the enclosures)
Your help with this scheduling is very much appreciated.
Thank you,
encl.
o
To:
Town of Vail
Gommunityr Developrnent Depailrnent
Vail, CO
Ref.: VAIL PLA:ZA HOTEL
Redevelopment plans of the \Afl
Approved b,y Ordinance #4/series 2ofil of O2UMay/OO
Subiect: Requests extension of the validity term of
the above approval.
Dear Sins:
ln item 4 bellow we make the subjected Request with the Justiftcation in
item 5.
To help to visualize the whole pic{ure we attach a SUMilARy of the
eveDts.
{) - APPROVAL AlfD t-Awsu|T ilNN EltEUTq (from the atrached SUMMARY).
a) Jan/lXl Firct approval. Mr. Lipcon files the lawsuit, causing the proiect
to be astalledt.
b) Jan/O2 Gourt rules that approval is correct and
denies aII tr. Lipcon claims
c) Feb.llDl tr, Lipcon files sflotice of lntention to Appealt.
Litigati,on is still open and the Proiect continues t.stalledt.
Using intense legal maneuveiings, llr. Lipcon ls delaying the filing
of his appeal. Finally, after our protests the Gourt of Appeal established
Jan. 29/O3 as the deadtine date tur hirs filing.
With the obvlous intention to delay the decision for as long as he
can, at the deadline date to file his Appeal, Mr. Lipcon filed a Motion asking
for one more month tim.e because, he alleges, he needs more time to study
the process (which is ready at the Appeals Gourt since Feb.O2, about ,l
year ago).
$or up to today, lhe litgation continueo oFn and the proiect continueststat|,edn
3l, cunRENTAl?RovA.-[_IHLLFx4lRE-lN:lflY/o3.
Ur. Lipicon knorrs of this deadline date and is maneuvering to delay ttre
apprealts Gourt decision, therefore maintaining the project gstalledt for as
long as he can.
It looks like that tr. Lipcon wanfs to get rid of thls development at
any c'ost:
a) by tfireatening Councal mernbers cl will take you all the way to the
Supreme Gourtl he $aid in public audience. He already gave-up of this
foute, or
b) through the Gourts: either by a Gourt decision or via the delaying
maneuvens until the exlsting approval expircs.
3) - GURREI|T DEVELOPTEITT STATUS.
a) - lt is not Developeds fault that tlre prciect is not built vet.
The project is not built yet not because developefs fault.
Ever since the firct approvat (Jan/2OOO) the developer never had a
chance to buiH the prolrct because of tfie uniortunate trawsuit.
b) - Develooer is the hiqhest lntercsted oartv to have lfre oloiect built ASAP'
We all want this proieet built as soon as possible.
Particularfir the developer himself' because:
b.'!. ,- Fiqnificant,,investtueE!,'rs idle ?nd srows evervd.av:
E years invesling iirne, money and efiort:
We started in early 1995 (feasibility studies for redevelopment) closing
on the acquisition in Nov'/96, all cash, with our own moneyr at full risk"
counting on the approval o,f redevelopment plans.
Financing for the acquisiiion was not an option because the them
existing Vail V-llage Inn could not support it.
After the V\ll acquisition we had to buy out thc existing long'term
tease at the Graig Market and the existing condominium (Appolo
penthorFe). The eu]rlently existing leases ane now on a month'to-month
basis being, thereforer at Yery low rents.
Only after these additional acquisitions we were free to prepare
finat plans for the devetopment, which were firct presented to the
Council and PEG in ApriU98. lt took 2O months to obtain the first
aPproyalr accommodating neighboy's concerns, incorporating Staflt
PEG and Gouncil recommendationsr etc.
This investment is at full risk and the investment increases
eyery day, counting on the redevelopment to make it
worllrwhile.
b.2) The Wl 4as ist is a 4rnoney loosef.
Every week we have to bring in more money to keep it afloat.
4) - THE REQUEST: To amend Ordinance #4 Series of 2OOO to rcad: The
developer must begin initial constnrction ol t|re speciat
developrnent district no later than May 02, 2OO5, and continue
diligently toward the cornpletion of the prcject.
5} JUSTIFIGATIOII.
g) ' Whv 2 yeas extension ?
It is the estimated time to have the lawsuit cleared and them obtain
financing and prepare construction drawings to apply for the Building
Permit and start eonstruction.
b) - lt is the shortest rcute to have a 5 Starc Gonvention/llotel built on
this site
A liftle of the Project Description, to refresh the memory:
The approved VAIL PI,.AZA HOTEL East (VPH East) brings what tfre
Town and the Community are anxiously looking for:
It is a 5 Star HoteUGonvention designed to meet the requirements of
First Grade Hotel Ghains (Hyattn Westin, theraton, Hilton and many
otherc), The VP]l East has all the amenities for a 5 stars
hoteUconvention, lt also provides accommodations for 38 employees.
lf we let the existing approval die, then to proceed purcuing a hotet
development on the site would require a decision (ourcelves or someone
else) to invest more tirre, efiort and money to go through the unceilaan
process of a new approval in a site clouded by an unresolved lawsuit.
How long that would take ? Dfficult to predacq certainly more, or much
more, than the 2 years extension now requested.
We have to keep Oris apprcval alive until the time lfrat the Gourts
definitivehr rulee aDout this litigation and removes lhe cloud
hanging over tris site.
c) - lt is f,air
c.{ - lt is not Developer's fault lfrat the pmiect is noJ bui$ vet-
Ever since the firct approval the dweloper never had a chance
to build the proiect because of the unfortunate lawsuit.
c.2 - Develooer nrade a significant investment counting on the
redevelopment to make it worllrwhile:
Tlre acquisilion of the aging Wl in t9OO and them llre Apollo
condominium penthouse and the existing Graigts long term lease
were ilrvestmqrts all aiming to the redwelopmenL (see 3.b.t
above)
c.3 - Developerhs proven his eapability
Even at these dfficult times, tfre development at the
Ghateau site is moving ahead nicely.
As soon as the development at the Wl site was cstalledt by
the lawsuit, the Developer iumped across Vail road and made new
investment of morey, time and effort to develop * the Ghateau
site and had plans approved in July/O{.
Even at the total new scenario after 9/l{r the Developer
brought in addational strengfih from third parties and the proiect is
moving ahead nicely, betteJ than before' Soon we wil| haYe there
a Four $eason HoteUconventi,onlSPA, incorporating the gas
station site, enhancing the Vail rnain entrance.
we assure you that we are worting on thls development as hard as we Gan
(we are here ftrll tim,e).
Gounting on your approval to our request, we thank you for the attention
and prcsent our best regards
DAYMER GORPORATION
Waldir Prado - Managing Director
,
\
PRoJEcr ORIENTATION / - community Devetopment Dept. puBLtc wELcoME 1t:00 pm
ll
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, March 24, 2003
MEMBERS ABSENT
George Lamb
1.
d
2.
Ftgcopr
MEMBERS PRESENT
John Schofield
Erickson Shirley
Chas Bernhardt
Doug Cahill
Rollie Kjesbo
Gary Hartman
Site Visits :12:30 pm
1. Hud Wirth - Vail das Schone 1'1 Filing2. Four Seasons - 13 Vail Road3. Sonnenalp - 20 Vail Road
Driver: George
t^\f-rt /_\ I nf"r lr5l tltr\Y/ll
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearinq - Town Council Chambers 2:00 pm
A request for a final recommendation of a major amendment to special Development
District No. 6, pursuant to section 12-9A-10, Amendment Procedures, vail rown code, to
allow for a change to the existing conditions of approval (Ordinance No. 21 , Series of 2001),
located at 100 East Meadow Drive/Lots M, N, & o, Block 5-D, VailVillage First Filing.
Applicant Waldir Prado, Daymer CorporationPlanner: George Ruther
MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE:5-0 (Hartman
recused)
APPROVED
A request for a recommendation to the Vail Town Council of proposed text amendments to
Sections 12-68'2,12-68-3, 12-6C-2,12-6C-3, 1Z-6D-2,12-6D-3, VaitTown Code, to ailow
a Type ll employee housing unit as a permitted use and to eliminate a Type ll employee
housing unit as a conditional use in the single-Family Residential (sFR), Two-Family
Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting
forth details in regard thereto.
Applicant Town of VailPlanner: Bill Gibson
MOTION: Doug Cahill
APPROVED
SECOND:GaryHartman VOTE:6-0
t
I3. A request for a conditional use permit, pursuant to Section 12-6D-3 (Conditional Uses), Vail
Town Code, to allow for a private educational institution, located at Parcel B, a resubdivision
of Tract D, Vail das Schone 1"t Filing, generally known as the "Hud Wirth" property. (A full
metes & bounds description is available at the Department of Community Development
4.
upon request).
Applicant: Children's Garden of LearningPlanner; Allison Ochs
MOTION: Chas Bernhardt SECOND: Rollie Kjesbo VOTE:6'0
TABLED UNTIL APRIL 1 4, 2OO2
A request for a recommendation to the Vail Town Council for a major amendment to Special
Development District No. 36, pursuant to Section 12-9A-10, Vail Town Code, to allow for a
mixed-use hotel; a request for a final review of a conditional use permit, pursuantto Section 12-
7A-3, Vail Town Code, to allow for Type lll Employee Housing Units and a fractional fee club;
and a request for a recommendation to the Vail Town Council for a proposed rezoning of Lot
9A, Vail Village 2nd Filing from Heavy Service (HS) District to Public Accommodation (PA)
District, located at 28 S. Frontage Rd. and 13 Vail Road/Lots 9A& 9C, Vail Village 2no Filing.
Applicant: Nicollet lsland Development Company Inc.Planner: Allison Ochs
MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE:6-0
TABLED UNTIL APRIL 14,2OO2
A request for a final review of a proposed major exterior alteration, pursuant to Section 12-7 A-
1Z,Yail Town Code, to allow for a hotel redevelopment and addition; a request for a final review
of a conditional use permit, pursuant to Section 12-7A-3, Vail Town Code, to allow for a
fractional fee club; a recommendation to the Vail Town Council of a text amendment Section
12-7A-3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10%
of the total gross residential floor area of the structure as a conditional use; a request for a final
review of a variance from Section 12-7A-10 (Landscaping & Site Development), Vail Town
Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail
Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1st ' I
Filing.
Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc.
Planner: George RutherMarren Campbell
TABLED UNTIL APRIL 14.,2002
A request for a recommendation to the Vail Town Council of proposed text amendments to
Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area
(GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-
Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster
(RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High
Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard
thereto.
Applicant: Vicki Pearson, et.al.Planner: Bill Gibson
MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 6-0
TABLED UNTIL APRIL 28,2002
o.
7 ' A request for a recommendation to the Vail Town Council, to allow for text amendments to
Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto.
Applicant: Town of VailPlanner: Matt Gennett
MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE:6_0
TABLED UNTIL APRIL 28,2002
8. A request for a recommendation to the Vail Town Council of proposed text amendments to
Title 12, Zoning Regulations, Vail Town Code, for proposed 'trouse keeping" amendments
and/or corrections, and setting forth details in regard thereto.
Applicant Town of VailPlanner: Bill Gibson
MOTION: Doug Cahiil SECOND; Roilie Kjesbo VOTE:6-0
APPROVED WITH 1 GONDITION:
1. That the definition of "Vail Comprehensive Plan" be revised to eliminate the word"physical."
9. A request for a recommendation to the Vail Town Council of a proposed text amendment toSection 12'1O-9 Loading Standards, Vail Town Code, to amend the requirement for loading
berths & setting forth details in regard thereto.
Applicant: Town of VailPlanner: Allison Ochs
TABLED UNTIL APRIL 14, 2OO3
10. Approval of March 1 0, 2003 minutes
MOTION: Gary Hartman SECOND: Chas Bernhardt VOTE: 6_0
APPROVED
11. Information Update
V Greg Amsden text amendment proposal
The applications and information about the proposals are available for public inspection duringregular office hours in the project planner's office located at the Town of Vail CommunityDevelopment Department, 75 South Frontage Road. Please call 47g-2138for information.
Stgn language interpretation available upon request with 24 hour notification. please call 479-2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the secretary to the Town Manager by 4:00 p.m. wednesdavs.)
MEETING DATE: Aprit 1. 2003
(Prepare a separate Agenda Requesl lor each agenda item. lf lhe agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED : 15 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATTON ON THIS AGENDA ITEM BY NON-TOV STAFF?_x_ NO.
YES. Soecifics:
WILL THE PRESENTATION OFTHISAGENDA ITEM REQUIRE ANY SPECIAL EOUIPMENT, i.e. overheadprojector, etc.?_x* No.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
_x_ YES. lf yes, is the material also for oublic distribution?_x_ Yes.
-
No.
application to the Vail Town Council. Please refei to the staff memorandum to the Fianning andEnvironmenral commission, dated March 10, 2003, for further details.
ITEM/TOPIC:
First Reading of Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No.21 , SeriesoJ.2001, Section 6, Approval Fxpifati.on: Time Limitations, Special Devel"opment District ruo. e , VaitVillage lnn, and seting forth details inleg;rdlh;reto.
ACTION REQUESTED OF GOUNCIL:
Listen^to a staff presentation on the proposed ordinance and approve, approve with modi1cations, ordeny Ordinance No. 7, Series of 2003, on first readino.
BACKGROUND RATIONALE:
On March 24,2003,the Town of Vail Planning and Environmental Commission held a public hearingto consider an application to amend Ordinance No. 21, Series of 2001, Section A, ,qpprovit
Epltatign:.Time.Linltations, speciat Devetopment District irlo. 6, vaitvittageinn. u;;r;;ffi;i";the application, the Commission voted unanimously to forward a recorme"ndation oi approval of thE
George Ruther, Community Development
TO:
FROM:
DATE:
SUBJECT;
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
March 10,2003
A request for a final recommendalion of a major amendment to Special
Development Dislrict No. 6, pursuant to Section 12-gA-10, Amendment
Procedures, Vail Town Code, to allow for a change to the existing
conditions of approval (Ordinance No. 21 , Series of 2001), located at 100
East Meadow Drive/Lots M, N, & O, Block 5-D, Vail Village First Filing.
Applicant: Waldir Prado, Daymer CorporationPlanner: George Ruther
il.
SUMMARY
The applicant, waldir Prado, is requesting a major amendment to special Developmenl
District No. 6, VailVillage Inn, to allow for an amendment to Section 6 ol Ordinance No. 2t,
series of 2001 . The staff is recommending approval of the applicant's request with a
m.odiflcation to the expiration date. Staff recommends that the d;le be modified to comply
wilh the lhree-year time limitation prescribed in the Vail Town Code from the date of ih6
approval of ordinance No. 21 , Series of 2001. To go beyond three years from the date of
approval may result in a grant of special privilege.
DESCRIPTION OF THE REQUEST
The applicant, waldir Prado, is requesting a major amendment to special Development
Dislricl \9 _Q, vayt Village Inn, to allow for an amendment to Section 6 6t Ordinance No. 21,
Seriesof 2001 . AccordingtoSection 6,Apnroval Expiration:TimeLimitations,of Ordinance
21, Series of 2001,
"The Developer must begin initial construction of the special development district byno later than May 1, 2003, and continue diligentty toward the completion of theproiecL ff the De.ve.loper does not begin initial construction and diligentty work
toward the completion of the special development district within thb time limit
imposed above, the approval of said special development district shall become null
and void."
Jfg_applicant is requesting thal the expiration date of the approval be amended to May 2,2005. The applicant contends that due to claims and litigaiion brought against Oaymei
Corporation and the Town of Vail, he has been unable to begin initial construction andconlinue diligently toward the completion or the hotel project an-d that failure to amend the
expiration dale unfairly limits his ability to act upon the Town's approval.
tv.
BACKGROUND
The original approval of the request for a major amendment to Special Development District
fg 9, Ygil Village Inn, occurred pursuanr to ordinance No. 1 , series of 2000, dated January
18, 2000. The expiration date of Ordinance No. 1 was January 1g, 2003
ordinance No. 4, series of 2000, repealed ordinance No. 1 and adopted a revised
approved development plan for Special Development District No. 6. The eipiration date of
Ordinance No. 4 was May 2, 2003
ordinance No. 21, series.of 2001 was approved to adopt a revised development plan for
special development district No. 6, Vail Village Inn, to allbw for the conslruition of tne Vait
Plaza Hotgl. The purpose of the ordinance, in part, was to respond to an alleged error inpublic notiflcation of a previously held public hearing on Ordinances No. 1 and 1, Series of2000. ordinance No. 21 was approved upon second reading on september 4, 2001. The
approved expiration date of the ordinance is May 1, 2003. Th'is date was selected to remain
consistent with the expiralion date of ordinance No. 4, series of 2000.
chapter 12-9, Vail rown code, provides for the amendment of existing SpecialDevelopment Districts in lhe Town of Vail. According to Section 12-9A-1, Vail Tdwn bode,the purpose of a Special Development District is aslollows:
'To encourage flexibility and creativity in the development of land, in order topromote its most appropriate use; to improve the design character and quatity of thenew .development within the Town; to facilitate the adequate and ecoiomicalprovision of streets and utilities; to preserve the natural and scenic features of open
space areas; and_to further the overall goats of the community as stated in the Vait
c_omprehensive Hy An approved development plan for a'special Development
District, in coniunction with the propenies uidertying zone district, shail estabtish therequirements for gu.iding development and usei oiproperty included in the SpecialDevelopment District. "
An approved developmenl plan is the principal document in guiding the deveropmenl, uses,and activities oJ the Special Development District. The developmEnt plan shall contain allrelevant material and information necessary to establish tre pararbters w1h which theSpecial Development District shall adhere. The development plan mayconsist of, bul not belimited to: the approved site plan; floor plans, building sectioni, and el'evations;vicinity plan;parking plan;preliminary open space/landscape plai;densities; and permitted, conditional,and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by thePlanning and Environmental Commission and Town Counciias part of thelormal review ofthe proposed dev_elopment plan. Unless further restricted through the review of theproposed Special Developmenl District, permitted, conditional and aclessory uses shall belimited to those permitted, conditional and accessory uses in the property's underlying zonedistrict.
I
The Town Code provides nine design criteria that shall be used as lhe principal criteria in
evaluating the merits of the proposed major amendment to a Special Development District.
It shall be the burden of the applicant lo demonstrate that submittal malerial and lhe
proposed development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consislent with the
public interest has been achieved.
V. CRITERIA FOR REVIEW
A' Design compatibilily and sensitivity to the immediate environment, neighborhood and
adjaeent properties relative to architectural design, scale, bulk, building height, buffer
zones, identity, character, visual integrity and orientation.
No changes to the approval are proposed.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
No changes to the approval are proposed.
C. Compliance with parking and loading requirements as oullined in Chapter 12-10 ot
the vail Town code.
No changes to the approval are proposed.
D- Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
No changes to the approval are proposed.
E. ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
No changes to lhe approval are proposed.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
No changes lo the approval are proposed.
G. A circulation system designed for both vehicles and pedestrians addressing on and
otf-site traff ic ci rculation,
No changes to the approval are proposed.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
vt.
No changes to the approval are proposed.
Phasing plan or subdivision plan that will maintain a workable, functional and
eflicient relationship throughout the development of the special development district.
The approved phasing plan would have permitted the applicant to begin initial construction
!V MaV 1 , 2003. However, procedural due process claims and litigation against the Daymer
Corporation and the Town of Vail prevented the applicant from acting diligently upon the
approval. Even had the applicant acled upon the approval and continued forward in spite of
the pending litigation the Community Development Department would likely not have been
able to issue permits for demolish and construction due to the pending litigation.
At this time, the plaintiff in the case, Charles Lipcon, has filed a Notice of Appeal with lhe
Court of Appeals expressing his intenl to appeal the decisions of the lower court. As only a
notice has been filed, it remains unclear as to which of the decisions is being appealed.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & Environmental
Commission forward a recommendation of approval with modifications to the Vail Town
Co^uncil of the proposed major amendment to Special Development District No. 6, pursuanl
to section 12-9A-10, Amendment Procedures, Vail rown code, to allow lor a change to the
existing conditions of approval (ordinance No. 21, series of 2000), locared at 1b0 East
Meadow Drive/Lots M, N, & o, Block 5-D, Vail Village First Filing. The staff's
recommendation of approval is based upon the review of the criteria outlined in Section V of
this memorandum and the evidence presented.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval of this reguest, staff recommends the following condition be made as part of a
motion:
1. That Section 6, Approval Expiration:Time Limitations, of Ordinance No. 21 , Series of
2001 , be amended to read,
"The Developer must begin initial construction of the special development district by
no later than September 4, 2004, and continue diligentty toward the completion of
the proiect. lf the Developer does not begin initial construction and ditigently work
toward the completion of the special development district within the time timit
imposed above, the approval of said special development district shall become null
and void.",
prior to firsl reading of an amending ordinance before the Vail rown council.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval of this request, staff recommends the following finding be made as part of a
motion:
'1 . That the applicant has demonstrated compliance with the following standards or has
demonstrated that one or more of them is not applicable:
vil.
A. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to archilectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
C. Parking and Loading: Compliance with parking and loading requirements as
outlined in Chapter 10, VailTown Code.
D. Comprehensive Plan: Conformily with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: ldentification and miligation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
F. Design Fealures: Site plan, building design and location and open space
provisions designed 1o produce a lunctional development responsive and
sensitive to natural fealures, vegetation and overall aesthetic quality of the
communily.
G' Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order
to optimize and preserve natural tealures, recreation, views and function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, f unctional and eff icient relationship throughout the development of
the special development district.
ATTACHMENTS
from Connie Dorsey/Daymer Corp to George Ruther, dated February 4,A. A letter
2003.
DATE:
TO:
FROM:
STIBJECT:
DAYMER CORPORATION. N.V.
100 East MEadow Drive, Vail CO 81657
(phone) 970.476.5622, (facsimile) 97 0.47 6.4661, (email) wi@vail.net
Memorandum
February 04,2003
George Ruther
Connie Dorsey/Daymer Corp
Request for a meeting before the vail rown council and a request for an
amendment to Ordinance l#4 Series of2000
I understand that Daymer corporation is on the vail rown council's agenda for the
:u"l*q of February 186. Dayner corporalion" N.v. \ryill be representea uy rurr. waldir
R. Prado its principal.
At your request this memo is to serve as Daymer Corporation's request to appear befbrethe Vail Town Council for the purpose of obtaining an amendment to ordinance #4Series of 2000 "section 5'(3) to read as follows: -The
developer must begin initialcorstruction of the special development district no later than May b2, 2005, and continuediligently toward the completion of the project.
Rg?sqn: The ongoing litlsationhas prevented Daymer corporation from moving forwmdwith the construction of the "vail plaza Hotel". (please t"" th" encrosures)
Your help with this scheduling is very much appreciated.
Thank yo4
encl.
To
Town of Vail
Gommunityr Developrnent Departrent
Vail, GO
Ref.: VAIL PLAZA HOTEL
Redevelopment plans of the Wl
Approved by Ordlnance #4lseries 2flXl of O2ltlay/Oo
$ubiect: Requests extension of the validity term of
the above approval.
Dear Sirs
In item 4 bellow we make the subjected Request with the Justification in
itcm 5.
To help to visualize the whole picturc rre aftach a SUMTARY of the
events,
r) - fFPnOVStAfD l'lf$l|Tlf[| ETEffT$ (from the attached SuMillARY).
a) Jan/(Xl First approval. tr. Lipicon files the lawsuit, causing the ploiect
to be estalled.
b) Jan/O2 Gourt rules that approval ls correct and
deni'es all Xlf. LiPlGon claim$
c) FeDJ([l tr. Lipft:on files stldice of lntentio to AppeaF.
Litigatlon is still open ard the hoiect continues ..stalle(F.
Using intense legal maneuverings, lllr. Liplcon ls delaying the filang
of his appeal. Finallyr, after our protests the Gourt of Appeal established
Jan. 29lo3 as the dcadline date for hb filing.
With the obvious intention to delay the declsion fior as long as he
can, at the deadline date to file his Appeal, Mr. Lipicon filed a lllotion
asking for one more month tlme because, he alleges, hc needs moro time to
study thc prorress (which 1r leady at the Appeals Gourt since FebJO2, about
I yearago).
Sq ry io todeyn uie ligg.||or codl|tr|.s op.n rilt 0rc p|qfcct cotrt|n||eer*r[.f.
2r Gqnq$iltT Ap.pngna|. w|J. expnE utr fAym.
Mr. Llpicon knows of tlris deadline date and is maneuvering to delay the
Appealts Gourt decision, thercfore maintaining the prolect .lstalledt for as
long as he can.
It loo|ts lflotH fr. Lbleoanrtrto S.il d.l dtrfr developmelil at
dryf ccG
a) by tilrreatening Gourrcil members sl will take you all the way to the
$uprerne Gourtt he said in public audlence. He already gave-up of this
route, or
b) thrcugh the Gourts: either by a Gouil decbion or vlr thr delayh|g
rm|reuverr mlll ths et'*ffrg approval Gr(ph€.
3) -cuRREltT DEyELOptEltT STATUS.
a) - lt 1r not Der&rrr f;adl tH l|re nmH il not brdt reG
The project is not built yet nort because deneloperts iault.
Ever since the first appr'oval (Jan/2flXl) the dsdopcr never had a
chance to buiH the pro!rct becarse of the unfiottunate lawsuit.
b) - Denloar h t|tc lil4ed filanaileil n*W fo havc ttre orulect bnru ASf?,
We all want this prciect built as soon as possible.
Particularly the developer himself, because:
b.! . llmificant bryqqhpil 1r tdr?nd lrrprys qefdqlri
a yans inveetig tilnen nnney and efilort:
We started in earp t995 (feasibility studies for rcdevelopment) closing
on the acquisition in Nov./96n all cash, with our own rnoney, at ftrll risk,
eounting on thG approval of redevelopm,ent plans.
Financing fot thc acquisition was not an optbn because tre them
existing Vail Village Inn could not support it.
After the Wl acquisition we had to buy out the existing long.term
lease at the Graig tlarket and the existing condominium (Appolo
penthouse). The currenfly existing leases ane trow on a month-bmonth
basis belng, thelefore, at very low rents.
Only after these additional acquisitions we were free to prepare
final plans for the developrnent, which were first pnesented to the
Gouncil and PEG in ApriUgS. lt took 2O months to obtain the first
approval, accommodating ne(yhboy's coneernc, incorporating St#,
PEG and Gouncll recomnGndations, etc.
This investment is at full risk and the investment increases
eyery day, counting on the redevelopment to make it
worthwhile.
b.2) The Wl eas ist is a smoney loosep.
Every week we have to bring in more rnoney to keep it afloat.
4) - THE REtrUEST: To amend Ordinance #4 Series ot AOOO to rcad: The
devel'oper must begin init*al constnrcfion of he rpecial
devel'opment dlstrict no later $ran tay Ozt 20oi5, and continue
diligently towatd the cornpbtion of the prclect.
5I JUSTIFIGATIOT.
a) - lUhy 2 yeans extension ?
It is the estimated time to have the lawsult cleared and them obtain
financing and prepare construction drawings to apply for the Build-ng
Permit and staft construction.
b) - lt ls t|re sholect rcute to hare a 5 $tarc Gonvenllonlllotel built on
Urls sih
A little of the Project Description, to refresh the rnemory:
The appreved VAIL PLNZA IIOTEL east (VPHeast) brings s'hat the
Town and the Gommunity are anxiousty looking fon
It is a 5 Star HoteUGonvention designed to meet the requirements of
Firct Grade llotel Ghains (Hya(t, Westin, Sheraton, Hilton and many
others), The VPHeast has all the amenities ior a 5 stars
hoteUconvention, lt also pronides accornmodations for 38 empt'oyees.
lf we let the existing approval die, then to proceed percuing a hotel
deyelopmenl on the site would require a decision (ourselves or someone
else) to irwest nore time, efiort and money to go through the uncertain
process of a nry approval in a site clouded byr an unresolved lawsuit.
How long that would take ? Difficult to predict; certainlyr more, or much
more, than the 2 yearc extension now requested.
We have to kcep t|rb apprcval afu unlil Ore timc t{rat Ure Gourts
definitirely rulcr abut ||rb lffigaen and re,moves llre cloud
hanging ovcr0*s site.
o
cl - It iB fair
c-'l - lt b nct Dcreloncfc fault {rat th? proftpt b not luilt ve&
Ever since the firct approval the dweloper never had a chance
to bulld the proiect because of the unfiortunate lawsuit.
cx- - Da'elooe nrdc e rlnnlficant hlffirt countfru or Ore
rcdevelopment to make it worthwhile:
The acqulsition of the aging Wl in 1996 and them lfre ApDolo
condominiun penthouse and the exlsting Graigfs lrong term lease
were investnents all aiming to the rodwelopnent. (see 3.b.'l
above)
c.3 - Derelooer lw orcwn hlr c$llltv
Even at these dfficult times, the development at the
Ghateau site is moving ahead nicely.
As soon as the development at the Vlfl site was nstalledt by
th€ aawsuat, the Developer jumped across Vail road and made neut
investnent of money, thne and eflort to develop at the Ghateau
site and had plans approved in July/Ol.
Even at tfte total new scenario after 9/{{, the Developer
brought in additional strcngth from third pailiGs and the proiect is
moving ahead nlcely, better than befure. Soon we will haye there
a Four Season HoteUGonventbn/SPA, Incorporating the gas
station site, enhancing the Vail main entrance.
We assure you that we are worting on thls devebpment as hard as we cian
(we are here full tirne).
Gounting on your approval to our request, we thank you for thc attention
and present our best regards
DAYTER CORPORATIO}I
Waldir Prado - Managing Director
DATE:
TO:
FROM:
SUBJECT:
DAYMER CORFORATION N.V.
| 00 East Meadow Drive, Vail CO 81657
(phoe) 970.476.5622, (facsimile) 970.476.4661, (etnail) yyrlar.!a:il.n9!
Memorandum (REVISION)
February27,2003
George Ruther
Connie Dorsey/Daymer Corp
Request for a meeting before the Vail Town Council and a request for an
amendment to ORDINANCE NO.2l SERIES OF 2001
The purpose of this Memorandum (REVISION) is to correct the ordinance No. and
SCTiES DAIE tO ORDINANCE NO.21 SERIES OF 2001.
I understand that Daymer coqporation is now on the pEC's agenda for March l0thand the
Vail Town council on the 18u of March. Daymer Corporation, N.v. will be represented
by Mr. Waldir R. Prado its principal.
Per our original memo dated February 04,2003, Daymer corporation is scheduling these
meetings with the PEC and the vail Town Council for the purpose of obtaining an
amendment to oRDINANCE #21 SERIES oF 2001 section 6. Aporoval Expiraiion:
Time Limitations to read as follows: The developer must begin initial construction of the
special development district no later than May 02,2005, and continue diligently toward
the completion of the project.
Rg?sqn: The ongoing litigation has prevented Dayrner corporation from moving forward
with the construction of the "Vail Plaza Hotef'. @lease see the enclosures with February
18ft memo)
Your help with this scheduling is very much appreciated.
DATE:
TO:
FROM:
SI]BJECT:
DAYMER CORBORATION, N.V.
100 East Meadow Drive, Vail CO 81657
(phone) 970.475.5622, (ficsimile) n0.47 6.4661, (email) wi@vail.net
Memorandum
February 18,2003
George Ruther
Connie Dorsey/Daymer Corp
Request for a meeting before the Vail Town Council and a request for an
arnsndment to Ordinance #4 Series of 2000
I understand that Daymer Corporation is now on the PEC's agenda for March 10th. We
hope to follow that meeting with the vail Town council on the l8th of March. Daymer
Corporation, N.V. will be represented by Mr. Waldir R Prado its principal.
Per our original memo dated February 04, 2003, Daymer corporation is scheduling these
meetings with the PEC and the Vail Town Council for the purpose of otrtaining an
amendment to Ordinance #4 Series of 2000 "section 5"(3) to read as follows: The
developer must begin initial construction ofthe special development district no later than
May 02, 2005, and continue diligently toward the completion of the project.
Reason: The ongoing litigation has prevented Daymer corporation from moving forward
with the construction of the "Vail Plaza Hotef'. (please see the enclosures with February
18h memo)
Yourhelp with this scheduling is very much appreciated.
tt
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I
VAIL PLAZAHOTEL
2OOO REVISED MAJOR
AMENDMENT
PROPOSAL
Town of Vail
Planning & Environmental Commission
February 28.20A0
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ORDINANCE NO.4 \
SERIES OF 2OOO \
AN ORDINANCE REPEALING ORDINANCE NO. 1, SERIES OF 2OOO AND TO ENACT
ORDINANCE NO.4, SERIES OF 2OOO, ADOPTING A REVISED APPROVED
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO.6, VAIL VILLAGE
lNN, PHASE lV, TO ALLOW FOR THE CONSTRUCTTON OF THE VAIL PLMA HOTEL;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, ln 1976, the VailTown Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, VailVillage Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development plans for special Development Districts; and
WHEREAS, Waldir Prado, dba Daymer Corporation, as owner of the Phase lV property, has
submitted an application for a revised major amendment to Special Development District No. 6. Vail
Village lnn, Phase lV; and
WHEREAS, the purpose of this ordinance is to repeat Ordinance No. 1, Series of 2000 and
to enact Ordinance No- 4, Series of 2000, to adopt a revised Approved Development plan for the
Vail Village Inn Special Development District, Phase lV to allow for the construction of the Vail plaza
Hotel;and
WHEREAS, the revised major amendment to the Special Development District, including the
provision of deed-restricted housing for 38 employees and the resulting 1 feet of additional building
height, is in the best interest of the town as it meets the Town's development objectives as identified
in the Town of Vail Comprehensive plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental commission held a public hearing on ihe major amendment application; ..
and
WHEREAS, the Planning & Environmenlal Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Municipal Code have been
sent to the appropriate parties; and
WHEREAS, the Vail rown council considers it in the best interest of the
safety, and welfare to adopt the revised Approved Development plan for special
District No. 6, Vail Village Inn, phase lV, Vail plaza Hotel: and
public health,
Development
Ordinance No. 4, Ssrlss of 2O0O
c) - lt lr lair
c.r - E b no! Dcvalonedr.fauft$rat $tp uofect ir-ngtt htih vort
hrer since the firct approval the developer never had a chance
to build the proiect because of the unfortunate Iawsuit.
rcdevelonment to rnake it worthwhile:
The acquisition of the aging Wl in t9OG and them the Appolo
condominium penthouse and fre exlsting Gra-gts long tenn lease
werc invectnents all airning to flrc rcdetrelopment (see 3.b.{
above)
c.3 - Dereloeer lnc npren hfic canaDilitn
Even at these dfficult tirnes, the development at the
Ghateau site is moving ahead nicely.
As soon as the development at the V\fl site was sstalleds by
the lawsuit, the Developer jumped across Vail road and made new
anyestment of money, time and effort to develop at the Ghateau
site and had plans approved in Julylol.
Even at the total new scenario after 9/l{, the Developer
brought in additional strength from third parties and the project is
moyang ahead nic€ly, better than before. $oon we will have there
a Four $eason HoteUGonvention/SPA, Incorponting the gas
station site, enhancing the Vail main entrance.
We assure you that we are working on this development as hard aswe cian
(we are here tull timc).
Gounting on your approyal to our request, we thank you for the attention
and prcsent our best regards
$tair Prado - Managing Director
e
ORDINANCE NO.21
SER|ES OF 2001
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE tNN, PHASE IV, TO ALLOW
FOR THE GONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the VailTown Council adopted Ordinance No. 7, Series of
1976, establishing Special Development District No. 6, VailVillage Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase lV property, has submifted an
application for a revised major amendment to Special Development District No. 6, Vail
Village Inn, Phase lV; and
WHEREAS, Daymer Corporation has submitted this new application for a major amendment
to Special Development District No. 6 in response to an alleged error in the public
notification of a previously held public hearing, and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village Inn Special Development District, Phase lV to allow for the construction
of the Vail Plaza Hotel: and
\ /FIEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development objectives as identified in the Town
of Vail Comprehensive Plan; and
WHEREAS, in accordance witlr the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment
application; and
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to
the VailTown Council: and
zt/. dl
WHEREAS, all public notices as required by the Town of Vail code have been
published and sent to the appropriate parties; and
WHEREAS, the VailTown Council considers it in the best interest of the public
health, safety, and welfare to adopt the revised Approved Development Plan for Special
Development District No. 6, VailVillage Inn, phase lV, Vailplaza Hotel; and
WHEREAS, the approval of the major amendment to Special Development District
No. 6, VailVillage Inn, Phase lV, Vail Plaza Hotel and the development standards in regard
thereto shall not establish precedent or entitlements elsewhere within the Town of Vail.
NOW THEREFORE, BE IT ORDAINED BY THE TO\^N COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Furpgee of the Ordinance
The purpose of ordinance No.21, series of 2001, is to adopt a revised Approved
Development Plan for Special Development District No. 6, VailVillage Inn, Phase lV, Vail
Plaza Hotel. The Approved Development Plans for Phases l, lll & V remain approved and
unchanged for the development of Special Development District No. 6 within the Town of
Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase
lV, the Vail Plaza Hotel is hereby amended and adopted
Section 2. Amendment Procedures Fulfilled. planninq Commission Report
The approval procedures described in Section '12-9A of the Vail MunicipalCode have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission for a major amendment to the Approved Development Plan for
Special Development District No. 6, VailVillage Inn, Phase lV, Vail Plaza Hotel. Requests
for amendments to the Approved Development Plan shall follow the procedures outlined in
Section 12-9A of the Vail Municipal Code.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved Development
Plan for Phase lV are established to assure comprehensive development and use of
the area in a manner that would be harmonious with the general character of the
Town, provide adequate open space and recreation amenities, and promote the
goals, objectives and policies of the Town of Vail Comprehensive Plan. Special
Development District No. 6 is regarded as being complementary to the Town of Vail
by the Vail Town Council and the Planning & Environmental Commission, and has
e{l lA(
been established since there are significant aspects of the Special Development
District that cannot be satisfied through the imposition of the standard Public
Accommodation zone district requirements.
Section 4. Development Standards - Special Development District No. 6, Vail Village
Inn, Phase lV, Vail Plaza Hotel
Development Plan-
The Approved Development Plan for Special Development District No. 6, VailVillage lnn,
Phase lV, Vail Plaza Hotel shall include the following plans and materials prepared by
Zehren and Associates, lnc., dated April 4, 2000 and stamped approved by the Town of
Vail, dated April 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
Site lllustrative Plan
Site Vignettes Key Plan (noted "for illustmtion putposes only')
Site Mgnettes
Site Plan (revised)
Level Minus Two
Level Minus One
LevelZero
LevelOne
LevelOne & 1/2
LevelTwo
LevelThree
LevelFour
LevelFive
LevelSix
Roof Plan
Roof Plan (Mechanical Equipment)
Street Sections (Vail Road Elevation/North Frontage Road Elevation)
Plaza Sections (South Plaza Elevation/East Plaza Elevation)
Building A Elevations
Building A Sections
Building B Elevations
.?rlu
Building B Sections
Building Height Plan 1 (Absolute Heights/lnterpolated Contours)
Buifding Height Plan2 (Maximum Height Above Grade/lnterpolated contours)
Pool Study (Poot Sections)
Vail Road Setback Study
Loading and Delivery plan
Street Entry Studies (Vait Road/South Frontage Road)
Sun Study
Landscape lmprovements Plan
Off-site lmprovements Plan
Permitted Uses--
The permitted uses in Phase lV of Special Development District No. 6 shall be as set forth in
Section 12-7 otthe VailTown Code.
Gonditional Uses-
Conditional uses for Phase lV shall be set forth in Section 12-7A-3 of the Town of Vail
Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined
. in Chapter 12-16 of the Town of Vail Zoning Regulations.
Denslty- Uni/s per Acre - Dwelling llni|,s', Accommodation lln i&., & Fractional
Fee CIub Units
The number of units permitted in Phase lV shall not exceed the following:
Dwelling Units - 1
Accommodation Units - 99
Fractional Fee Club Units - 50
Type lll Employee Housing Units - 18
(38 employee beds totaling 9,618 square feet of floor area)
Density- Floor Area
The gross residential floor area (GRFA), common area and commercial square footage
permitted for Phase lV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance.
Setbacks..
;wl
Required setbacks for Phase lV shall be as set forth in the Approved Development ptans
referenced in Section 4 of this ordinance. The front setback along Vail Road shall be
a minimum of 16'.
Height-
The maximum building height for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance. For the purposes of
SDD No. 6, Phase lV, calculations of height, height shall mean the distance
measured vertically from the existing grade or finished grade (whichever is more
restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved
Development Plans.
Site Coverage-
The maximum allowable site coverage for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for Phase lV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-sheet parking spaces and loading/delivery berths for Phase lV
shall be provided as set forth in the Approved Development Plans referenced in
Section 4 of this ordinance. ln no instance shall Vail Road or the South Frontage
Road be used for loading/delivery or guest drop-off/pick-up without the prior wriften
approval of the Town of Vail. The required parking spaces shall not be individually
sold, transfened, leased, conveyed, rented or restricted to any person other than a
tenant, occupant or user of the building for which the space, spaces or area are
required to be provided by the Zoning Regulations or ordinances of the Town. The
foregoing language shall not prohibit the temporary use of the parking spaces for
events or uses outside of the building, subject to the approval of the Town of Vail.
Section 5. Approval Agreeqnents for Special Development District No. 6.
Phase lV. Vail Plaza Hotel
That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
'tlaal
I
improvements, Vail Road landscape median improvements, etc.) as identified on the off-site
improvements plan to the Town of Vail Public Works Department for review and approval,
prior to application for a building permit.
That the Developer submits a detailed final landscape plan and final architectural'elevations
for review and approval of the Town of Vail Design Review Board, prior to application for a
building permit.
The SDD approvaltime requirements and limitations of Section 12-gA-lzshallapply to
Ordinance No. 21 , Series of 2001. In addition, the phasing of the construction of the hotel
shall not be permitted.
That the Developer submits the following plans to the Department of community
Development, for review and approval, as a part of the building permit application for the
a. An Erosion Controland Sedimentation plan;
b. A Construction Staging and phasing plan;
c. A Stormwater Management Plan;
d, A Site Dewatering Plan; and
e. A Traffic Control Plan.
That the Developer receives a conditional use permit to allow for the construction of 18,
Type lll Employee Housing Units in Phase lV of the District, in accordance with Chapter 12-
16, prior to the issuance of a building permit, for the housing of 38 employees totaling g,61 8
square feet of floor area.
That the Developer submits a complete set of plans to the Colorado Department of
Transportation for review and approval of a revised access permit, prior to application for a
building permit.
That the Developer meets with the Town staff to prepare a memorandum of understanding
outlining the responsibilities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
That the Developer submits a complete set of plans responding to the design concerns
expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to
George Ruther, dated 12l13/99. The drawings shall be submitted, reviewed and approved
by the Town Engineer, prior to final Design Review Board approval.
hotel:
2-ool
That the developer records a public pedestrian easement between the hotel and the phase
lll Condominiums and between the Phase V Building property lines. The easement shall be
prepared by the developer and submitted for review and approval of the Town Attorney.
The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to
the issuance of a Temporary Certificate of Occupancy.
That the Developer record a deed-restriction, which the Town is a party to, on the Phase tV
property prohibiting the public use of the spa facility in the hotel. Said restriction may be
revoked if the Developer is able to demonstrate to the satisfaction of the Town that
adequate provisions for vehicle parking have been made to accommodate the public use of
the spa. The restriction shall be recorded prior to the issuance of a building permit.
That the Developer submits a final exterior building materials list, a typical wall-section and
complete color rendering for review and approval of the Design Review Board, prior to
making an application for a building permit.
That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel
for review and approval of the Design Review Board, prior to the issuance of a Temporary
Certiticate of Occupancy.
That the Developer submits a roof-top mechanical equipment plan for review and approval
of the Design Review Board prior to the issuance of a buiHing permit. All roof-top
mechanical equipment shall be incorporated into the overall design of the hotel and
enclosed and screened from public view.
That the Developer posts a bond with the Town of Vail to provide financial security for the
125olo of the total cost of the required off-site public improvements. The bond shall be in
place with the Town prior to the issuance of a building permit.
That the Developer installs bollards or similar safety devices at the intersection of the
delivery access driveway and the sidewalk along the South Frontage Road to prevent
conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate
of Occupancy.
That the Developer studies and redesigns the entrance on the north side of the hotel across
from the entrance to the Gateway Building to create a more inviting entrance or a design
that redirects pedestrians to another entrance. The final design shall be reviewed and
approved by the Design Review Board prior to the issuance of a building permit.
Jtlt^
That the Developer coordinate efforts with the owners of the Gateway Building to create a
below ground access for loading and delivery to the Gateway from the Vail ptaza Hotel to
resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can
be reached the Developer shall submit revised plans to the Town of Vail Community
Development Department for review and approval, prior to the issuance of a building permit.
That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide
freight elevator access to the lowest level of the parking structure. The revised plans shall
be submitted to the Town of Vail Community Development Department for review and
approval prior to the issuance of a building permit.
That the Developer, in cooperation with the Town of Vail Public Works Department design
and construct a left-turn lane on Vail Road and reconfigure the landscape island in the
South Frontage Road median to eliminate left-turns from the loading/delivery. The
construction shall be completed prior to the issuance of a Temporary Certificate of
Occupancy.
That the Developer provides a centralized loading/delivery facility for the use of all owners
and tenants within Special Development District No. 6. Access or use of the facility shall not
be unduly restricted for Special Development District No. 6. The loading/delivery facility,
including docks, berths, freight elevators, serviee corridors, etc., may be made available for
public andlor private loading/delivery programs, sanctioned by the Town of Vail, to mitigate
loading/delivery impacts upon the Vail Village loading/delivery system. The use of the
facility shall only be permitted upon a finding by the Town of Vail and the Developer that
exoess capacity exists. The Developer will be compensated by the Town of Vail and/or
other for the common use of the facility. The final determination of the use of the facility
shall be mutually agreed upon by the Developer and the Town of Vail.
That the Developer submits a written letter of approval from adjacent properties whose
property is being encroached upon by certain improvements resulting from the construction
of the hotel, prior to the issuance of a building permit.
That the Developer executes a Developer lmprovement Agreement to cover the completion
of the required off-site improvements, prior to the issuance of a building permit.
That the Developer record Type lll deed-restrictions of each of the required employee
housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a
Temporary Certificate of Occupancy.
a/ar
That the required Type lll deed-restricted employee housing units not be eligible for resate
and that the units be owned and operated by the hotel and that said ownership transfer w1h
the deed to the hotel property.
Section 6. Approval Expiration: Time Limitations
The Developer must begin initial construction of the special development district by no later
than May 1, 2003, and continue diligenfly toward the completion of the project. lf the
Developer does not begin initial construction and diligently work toward the completion of
the special development district within the time limit imposed above, the approval of said
special development district shall become null and void.
Section 7.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not afiect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 8.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affecf any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED oNcE lN FULL oN FIRST READTNG this 21st day of August, 2001, and a
AJ,
public hearing for second reading of this Ordinance set for the eth Oay of September, 2001 ,
READ AND APPROVED oN sEcoND READTNG AND ORDERED puBLtsHED this 4th
day of September, 2001.
WJT"(U
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Lorelei Donaldson, Town Clerk
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g9 Ludwig Kurz, Mayor
c/o Village Inn Plaza Condos.
Phase m tlnit 109
100 East Meadow Drive
Vail, CO 81657
trdr. Guseppe Cecchi
1209 AldebarauDrive
Mcl,ea4 VA 22101
Mr. Alfredo Chudraui
Privada DE Antonio Cbedrauic
SN/N9
Xalapa VeracruzME)ilCO91180 ttt-7ng
Mr. and Mn. Cordes
2B Trentino Road
Turramura"NSW
Ausgalia,2074
loZ
Mrs. Ge,tmaine l{armon
11380 LongMeadowDrive
WestPalmBeach,W 33414
Mr. Adonio delValle
C/o Banco de I*ernational
437 lvladisonAvenue
New Yorh NY 10022 So t
183 I 6 lvfainsail Poide Drive
Cornelius, NC 28031
lvfr. and Mrs. Franco
Saatoga#2
Lomas llipodromo
Mexico City, D.F. 53900
. rtl|Ltc o iolrltlz
Mr. and Mrs. William Johnson
375 Inca Park'aay
Boulder, CO 80303 wl
Mr. Robert Jones
268 Litchford Court
St Louis, MO 63141
German Larrea
Baja California N 200-6
ME)ilCO 06760, D. F.
piso
/r(,t f,
. Tomas Zxagoza
5813 DiamondPoint
ElPaso, TX799l2
7.a4'
Mr. & N{rs. Pedro Ramirez
Q-3 Petunia St.
Parque Santa Maria
San Juan, Puerto Rico 00927
U{
Mr. and Mrs. Scheller
730 Caderbury Lane
Villanova, PA 19085-2052
)01
Mr. and Mrs. Weinstein
78 Joyce Road
Plainview, NY 11803
Al&ed & i\ifaryBaker
400 Circle Drive
Denver, CO 80206
Javier Canales
P.O.Box7Tt7
Avo4 CO 81620
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2t8
. and lvfrs. Frick_c" *
Box 1557
co 81631
Mr. andN{n. Gabriel
P.O. Box 268
Paramus, NJ 02653
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Chris & Jennifer Anderson
103 Anemone Dr'
Boulder, CO 80302
Mr. andMrs. Waguer
405 BortonaAvenue
Ft. Lauderdale, FL 33301-2419
tvfr. ald lvfrs. Zaremba
6200 Plymounth Coun
Doumers Grove, IL 60516 3rD
c/o Dryer,Edmonds & Associates
355 Grand Avenue, # 4150
Los Aageles, CA 90071
Stifer Management ComPanY
143 East Meadow Drive
#360
Vail" Colorado 81657
Moellentine Land Co. LLC
461FifthAvenue
NewYork,NY 10017
Jeff Moellentine, President
Alpine Standaxd
28 S. Frontage Road West
Vail. CO 81657
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17.,',..;',.r,:
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Ron Byrne & Associates ReaI Estate
Atbr: Gateway hoperty Manager
285 Bridge Street
Vail. CO 81657
JimLamont
P.O. Box 73
Redcffi CO 81649
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TH IS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on
March 10, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of:
A request for a final recommendation of a major amendment to Special Development District
No. 6, pursuant to Section 1 2-9A-10, Amendment Procedures, Vail Town Code, to allow for a
9!?nge to the existing conditions of approval (ordinance No. 4, series of 2000), located at
100 East Meadow Drive/Lots M, N, & O, Btock S-D, Vail Village First Filing.
Applicant, " *, Waldir Prado, Daymer CorporationPlanner: George Ruther
The applications and information about these proposals are available for public inspection during
legular business hours at the Town of Vail Community Development Department office, 75 Sout-h
Frontage Road. The public is invited to attend the project orientation fretit in tfre Town of Vail
Community Development Department office and the dite visits that precede the public hearing.
Please call (970) 479-2138 for additional information.
S_ign language interpretation is available upon request with 24-hour notification. Please call(97o) 479'2356, Telephone for the Hearing lmpaiied, for additionat information.
Community Development Department
Published February 21 , 2003 in the Vail Daily.
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